[Title 47 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2023 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

                                   Title 47

                                       
                                Telecommunication


                            ________________________

                                Parts 70 to 79

                            Revised as of October 1, 2023

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2023
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

          U.S. GOVERNMENT OFFICIAL EDITION NOTICE

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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 47:
          Chapter I--Federal Communications Commission 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     827
      Alphabetical List of Agencies Appearing in the CFR......     847
      Table of OMB Control Numbers............................     857
      List of CFR Sections Affected...........................     859

[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 47 CFR 73.1 refers 
                       to title 47, part 73, 
                       section 1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 2023), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
(LSA). For the convenience of the reader, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not dropped in error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed as 
an approved incorporation by reference, please contact the agency that 
issued the regulation containing that incorporation. If, after 
contacting the agency, you find the material is not available, please 
notify the Director of the Federal Register, National Archives and 
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, 
or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, 8601 Adelphi Road, College Park, MD 
20740-6001 or e-mail [email protected].

SALES

    The Government Publishing Office (GPO) processes all sales and 
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ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers of the Presidents of the United 
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Compilation are available in electronic format via www.govinfo.gov. For 
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Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-
free). E-mail, [email protected].
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) website for public 
law numbers, Federal Register finding aids, and related information. 
Connect to NARA's website at www.archives.gov/federal-register.
    The eCFR is a regularly updated, unofficial editorial compilation of 
CFR material and Federal Register amendments, produced by the Office of 
the Federal Register and the Government Publishing Office. It is 
available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register
    October 1, 2023







[[Page ix]]



                               THIS TITLE

    Title 47--Telecommunication is composed of five volumes. The parts 
in these volumes are arranged in the following order: Parts 0-19, parts 
20-39, parts 40-69, parts 70-79, and part 80 to end. All five volumes 
contain chapter I--Federal Communications Commission. The last volume, 
part 80 to end, also includes chapter II--Office of Science and 
Technology Policy and National Security Council, chapter III--National 
Telecommunications and Information Administration, Department of 
Commerce, chapter IV--National Telecommunications and Information 
Administration, Department of Commerce, and National Highway Traffic 
Safety Administration, Department of Transportation, and chapter V--The 
First Responder Network Authority. The contents of these volumes 
represent all current regulations codified under this title of the CFR 
as of October 1, 2023.

    Part 73 contains a numerical designation of FM broadcast channels 
and a table of FM allotments designated for use in communities in the 
United States, its territories, and possessions. Part 73 also contains a 
numerical designation of television channels and a table of allotments 
which contain channels designated for the listed communities in the 
United States, its territories, and possessions.

    The OMB control numbers for the Federal Communications Commission 
appear in Sec.  0.408 of chapter I. For the convenience of the user 
Sec.  0.408 is reprinted in the Finding Aids section of the second 
through fifth volumes.

    For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                       TITLE 47--TELECOMMUNICATION




                   (This book contains parts 70 to 79)

  --------------------------------------------------------------------
                                                                    Part

chapter I--Federal Communications Commission (Continued)....          73

[[Page 3]]



        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)




  --------------------------------------------------------------------

                 SUBCHAPTER C--BROADCAST RADIO SERVICES
Part                                                                Page
70-72

[Reserved]

73              Radio broadcast services....................           5
74              Experimental radio, auxiliary, special 
                    broadcast and other program 
                    distributional services.................         429
76              Multichannel video and cable television 
                    service.................................         540
78              Cable television relay service..............         733
79              Accessibility of video programming..........         765

Supplemental Publications: Annual Reports of the Federal Communications 
  Commission to Congress.

  Federal Communications Commission Reports of Orders and Decision.

  Communications Act of 1934 (with amendments and index thereto), Recap. 
Version May 1989.

  Broadcast Operator Handbook, 1976 edition.

[[Page 5]]



                  SUBCHAPTER C_BROADCAST RADIO SERVICES



                         PARTS 70	72 [RESERVED]



PART 73_RADIO BROADCAST SERVICES--Table of Contents



                     Subpart A_AM Broadcast Stations

Sec.
73.1 Scope.
73.14 AM broadcast definitions.
73.21 Classes of AM broadcast channels and stations.
73.23 AM broadcast station applications affected by international 
          agreements.
73.24 Broadcast facilities; showing required.
73.25 Clear channels; Class A, Class B and Class D stations.
73.26 Regional channels; Class B and Class D stations.
73.27 Local channels; Class C stations.
73.28 Assignment of stations to channels.
73.29 Class C stations on regional channels.
73.30 Petition for authorization of an allotment in the 1605-1705 kHz 
          band.
73.31 Rounding of nominal power specified on applications.
73.33 Antenna systems; showing required.
73.35 Calculation of improvement factors.
73.37 Applications for broadcast facilities, showing required.
73.44 AM transmission system emission limitations.
73.45 AM antenna systems.
73.49 AM transmission system fencing requirements.
73.51 Determining operating power.
73.53 Requirements for authorization of antenna monitors.
73.54 Antenna resistance and reactance measurements.
73.57 Remote reading antenna and common point ammeters.
73.58 Indicating instruments.
73.61 AM directional antenna field strength measurements.
73.62 Directional antenna system operation and tolerances.
73.68 Sampling systems for antenna monitors.
73.69 Antenna monitors.
73.72 Operating during the experimental period.
73.88 Blanketing interference.
73.99 Presunrise service authorization (PSRA) and Postsunset service 
          authorization (PSSA).
73.127 Use of multiplex transmission.
73.128 AM stereophonic broadcasting.
73.132 Territorial exclusivity.
73.150 Directional antenna systems.
73.151 Field strength measurements to establish performance of 
          directional antennas.
73.152 Modification of directional antenna data.
73.153 Field strength measurements in support of applications or 
          evidence at hearings.
73.154 AM directional antenna partial proof of performance measurements.
73.155 Directional antenna performance recertification.
73.157 Antenna testing during daytime.
73.158 Directional antenna monitoring points.
73.160 Vertical plane radiation characteristics, f([thetas]).
73.182 Engineering standards of allocation.
73.183 Groundwave signals.
73.184 Groundwave field strength graphs.
73.185 Computation of interfering signal.
73.186 Establishment of effective field at one kilometer.
73.187 Limitation on daytime radiation.
73.189 Minimum antenna heights or field strength requirements.
73.190 Engineering charts and related formulas.

                     Subpart B_FM Broadcast Stations

73.201 Numerical designation of FM broadcast channels.
73.202 Table of Allotments.
73.203 Availability of channels.
73.204 International agreements and other restrictions on use of 
          channels.
73.205 Zones.
73.207 Minimum distance separation between stations.
73.208 Reference points and distance computations.
73.209 Protection from interference.
73.210 Station classes.
73.211 Power and antenna height requirements.
73.212 Administrative changes in authorizations.
73.213 Grandfathered short-spaced stations.
73.215 Contour protection for short-spaced assignments.
73.220 Restrictions on use of channels.
73.232 Territorial exclusivity.
73.258 Indicating instruments.
73.267 Determining operating power.
73.277 Permissible transmissions.
73.293 Use of FM multiplex subcarriers.
73.295 FM subsidiary communications services.
73.297 FM stereophonic sound broadcasting.
73.310 FM technical definitions.
73.311 Field strength contours.
73.312 Topographic data.

[[Page 6]]

73.313 Prediction of coverage.
73.314 Field strength measurements.
73.315 FM transmitter location.
73.316 FM antenna systems.
73.317 FM transmission system requirements.
73.318 FM blanketing interference.
73.319 FM multiplex subcarrier technical standards.
73.322 FM stereophonic sound transmission standards.
73.333 Engineering charts.

                  Subpart C_Digital Audio Broadcasting

73.401 Scope.
73.402 Definitions.
73.403 Digital audio broadcasting service requirements.
73.404 IBOC DAB operation.
73.406 Notification.

        Subpart D_Noncommercial Educational FM Broadcast Stations

73.501 Channels available for assignment.
73.502 [Reserved]
73.503 Licensing requirements and service.
73.504 Channel assignments in the Mexican border area.
73.505 Zones.
73.506 Classes of noncommercial educational FM stations and channels.
73.507 Minimum distance separations between stations.
73.508 Standards of good engineering practice.
73.509 Prohibited overlap.
73.510 Antenna systems.
73.511 Power and antenna height requirements.
73.512 Special procedures applicable to Class D noncommercial 
          educational stations.
73.513 Noncommercial educational FM stations operating on unreserved 
          channels.
73.514 Protection from interference.
73.515 NCE FM transmitter location.
73.525 TV Channel 6 protection.
73.558 Indicating instruments.
73.561 Operating schedule; time sharing.
73.567 Determining operating power.
73.593 Subsidiary communications services.
73.597 FM stereophonic sound broadcasting.
73.599 NCE-FM engineering charts.

                 Subpart E_Television Broadcast Stations

73.601 Scope of subpart.
73.602 Cross reference to rules in other parts.
73.603 Numerical designation of television channels.
73.606 Table of allotments.
73.609 Zones.
73.612 Protection from interference.
73.613 Protection of Class A TV stations.
73.614 Power and antenna height requirements.
73.615 Administrative changes in authorizations.
73.616 Post-transition DTV station interference protection.
73.621 Noncommercial educational TV stations.
73.622 Digital television table of allotments.
73.623 DTV applications and changes to DTV allotments.
73.624 Digital television broadcast stations.
73.625 DTV coverage of principal community and antenna system.
73.626 DTV distributed transmission systems.
73.641 Subscription TV definitions.
73.642 Subscription TV service.
73.643 Subscription TV operating requirements.
73.644 Subscription TV transmission systems.
73.646 Telecommunications Service on the Vertical Blanking Interval and 
          in the Visual Signal.
73.653 Operation of TV aural and visual transmitters.
73.658 Affiliation agreements and network program practices; territorial 
          exclusivity in non-network program arrangements.
73.659-73.663 [Reserved]
73.664 Determining operating power.
73.665 Use of TV aural baseband subcarriers.
73.667 TV subsidiary communications services.
73.669 TV stereophonic aural and multiplex subcarrier operation.
73.670 Commercial limits in children's programs.
73.671 Educational and informational programming for children.
73.672 [Reserved]
73.673 Public information initiatives regarding educational and 
          informational programming for children.
73.681 Definitions.
73.682 TV transmission standards.
73.683 Field strength contours and presumptive determination of field 
          strength at individual locations.
73.684 Prediction of coverage.
73.685 Transmitter location and antenna system.
73.686 Field strength measurements.
73.687 Transmission system requirements.
73.688 Indicating instruments.
73.691 Visual modulation monitoring.
73.698 Tables.
73.699 TV engineering charts.

               Subpart F_International Broadcast Stations

73.701 Definitions.
73.702 Assignment and use of frequencies.
73.703 Geographical zones and areas of reception.
73.712 Equipment tests.
73.713 Program tests.
73.731 Licensing requirements.

[[Page 7]]

73.732 Authorizations.
73.733 Normal license period.
73.751 Operating power.
73.753 Antenna systems.
73.754 Frequency monitors.
73.755 Modulation monitors.
73.756 System specifications for double-sideband (DBS) modulated 
          emissions in the HF broadcasting service.
73.757 System specifications for single-sideband (SSB) modulated 
          emissions in the HF broadcasting service.
73.758 System specifications for digitally modulated emissions in the HF 
          broadcasting service.
73.759 Auxiliary transmitters.
73.760 Alternate main transmitters.
73.761 Modification of transmission systems.
73.762 Time of operation.
73.765 Determining operating power.
73.766 [Reserved]
73.781 Logs.
73.782 Retention of logs.
73.787 Station identification.
73.788 Service; commercial or sponsored programs.

            Subpart G_Low Power FM Broadcast Stations (LPFM)

73.801 Broadcast regulations applicable to LPFM stations.
73.805 Availability of channels.
73.807 Minimum distance separation between stations.
73.808 Distance computations.
73.809 Interference protection to full service FM stations.
73.810 Third adjacent channel interference.
73.811 LPFM power and antenna height requirements.
73.812 Rounding of power and antenna heights.
73.813 Determination of antenna height above average terrain (HAAT).
73.816 Antennas.
73.825 Protection to reception of TV channel 6.
73.827 Interference to the input signals of FM translator or FM booster 
          stations.
73.840 Operating power and mode tolerances.
73.845 Transmission system operation.
73.850 Operating schedule.
73.853 Licensing requirements and service.
73.854 Unlicensed radio operations.
73.855 Ownership limits.
73.858 Attribution of LPFM station interests.
73.860 Cross-ownership.
73.865 Assignment and transfer of LPFM permits and licenses.
73.870 Processing of LPFM broadcast station applications.
73.871 Amendment of LPFM broadcast station applications.
73.872 Selection procedure for mutually exclusive LPFM applications.
73.873 LPFM license period.
73.875 Modification of transmission systems.
73.877 Station logs for LPFM stations.
73.878 Station inspections by FCC; availability to FCC of station logs 
          and records.
73.879 Signal retransmission.
73.881 Equal employment opportunities.

          Subpart H_Rules Applicable to All Broadcast Stations

73.1001 Scope.
73.1010 Cross reference to rules in other parts.
73.1015 Truthful written statements and responses to Commission 
          inquiries and correspondence.
73.1020 Station license period.
73.1030 Notifications concerning interference to radio astronomy, 
          research and receiving installations.
73.1120 Station location.
73.1125 Station telephone number.
73.1150 Transferring a station.
73.1201 Station identification.
73.1202 [Reserved]
73.1206 Broadcast of telephone conversations.
73.1207 Rebroadcasts.
73.1208 Broadcast of taped, filmed, or recorded material.
73.1209 References to time.
73.1210 TV/FM dual-language broadcasting in Puerto Rico.
73.1211 Broadcast of lottery information.
73.1212 Sponsorship identification; list retention; related 
          requirements.
73.1213 Antenna structure, marking and lighting.
73.1215 Specifications for indicating instruments.
73.1216 Licensee-conducted contests.
73.1217 Broadcast hoaxes.
73.1225 Station inspection by FCC.
73.1226 Availability to FCC of station logs and records.
73.1250 Broadcasting emergency information.
73.1300 Unattended station operation.
73.1350 Transmission system operation.
73.1400 Transmission system monitoring and control.
73.1515 Special field test authorizations.
73.1520 Operation for tests and maintenance.
73.1530 Portable test stations [Definition].
73.1540 Carrier frequency measurements.
73.1545 Carrier frequency departure tolerances.
73.1560 Operating power and mode tolerances.
73.1570 Modulation levels: AM, FM, TV and Class A TV aural.

[[Page 8]]

73.1580 Transmission system inspections.
73.1590 Equipment performance measurements.
73.1610 Equipment tests.
73.1615 Operation during modification of facilities.
73.1620 Program tests.
73.1635 Special temporary authorizations (STA).
73.1650 International agreements.
73.1660 Acceptability of broadcast transmitters.
73.1665 Main transmitters.
73.1670 Auxiliary transmitters.
73.1675 Auxiliary antennas.
73.1680 Emergency antennas.
73.1690 Modification of transmission systems.
73.1692 [Reserved]
73.1695 Changes in transmission standards.
73.1700 Broadcast day.
73.1705 Time of operation.
73.1710 Unlimited time.
73.1715 Share time.
73.1720 Daytime.
73.1725 Limited time.
73.1730 Specified hours.
73.1735 AM station operation pre-sunrise and post-sunset.
73.1740 Minimum operating schedule.
73.1745 Unauthorized operation.
73.1750 Discontinuance of operation.
73.1800 General requirements related to the station log.
73.1820 Station log.
73.1835 Special technical records.
73.1840 Retention of logs.
73.1870 Chief operators.
73.1940 Legally qualified candidates for public office.
73.1941 Equal opportunities.
73.1942 Candidate rates.
73.1943 Political file.
73.1944 Reasonable access.
73.2080 Equal employment opportunities (EEO).
73.2090 Ban on discrimination in broadcast transactions.
73.3500 Application and report forms.
73.3511 Applications required.
73.3512 Where to file; number of copies.
73.3513 Signing of applications.
73.3514 Content of applications.
73.3516 Specification of facilities.
73.3517 Contingent applications.
73.3518 Inconsistent or conflicting applications.
73.3519 Repetitious applications.
73.3520 Multiple applications.
73.3521 Mutually exclusive applications for low power television, 
          television translators and television booster stations.
73.3522 Amendment of applications.
73.3523 Dismissal of applications in renewal proceedings.
73.3525 Agreements for removing application conflicts.
73.3526 Online public inspection file of commercial stations.
73.3527 Online public inspection file of noncommercial educational 
          stations.
73.3533 Application for construction permit or modification of 
          construction permit.
73.3534 [Reserved]
73.3536 Application for license to cover construction permit.
73.3537 Application for license to use former main antenna as an 
          auxiliary.
73.3538 Application to make changes in an existing station.
73.3539 Application for renewal of license.
73.3540 Application for voluntary assignment or transfer of control.
73.3541 Application for involuntary assignment of license or transfer of 
          control.
73.3542 Application for emergency authorization.
73.3543 Application for renewal or modification of special service 
          authorization.
73.3544 Application to obtain a modified station license.
73.3545 Application for permit to deliver programs to foreign stations.
73.3549 Requests for extension of time to operate without required 
          monitors, indicating instruments, and EAS encoders and 
          decoders.
73.3550 Requests for new or modified call sign assignments.
73.3555 Multiple ownership.
73.3561 Staff consideration of applications requiring Commission action.
73.3562 Staff consideration of applications not requiring action by the 
          Commission.
73.3564 Acceptance of applications.
73.3566 Defective applications.
73.3568 Dismissal of applications.
73.3571 Processing of AM broadcast station applications.
73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, 
          TV translators, and TV booster applications.
73.3573 Processing FM broadcast station applications.
73.3574 Processing of international broadcast station applications.
73.3578 Amendments to applications for renewal, assignment or transfer 
          of control.
73.3580 Local public notice of filing of broadcast applications.
73.3584 Procedure for filing petitions to deny.
73.3587 Procedure for filing informal objections.
73.3588 Dismissal of petitions to deny or withdrawal of informal 
          objections.
73.3589 Threats to file petitions to deny or informal objections.
73.3591 Grants without hearing.
73.3592 Conditional grant.
73.3593 Designation for hearing.
73.3594 Local public notice of designation for hearing.

[[Page 9]]

73.3597 Procedures on transfer and assignment applications.
73.3598 Period of construction.
73.3601 Simultaneous modification and renewal of license.
73.3603 Special waiver procedure relative to applications.
73.3605 Retention of applications in hearing status after designation 
          for hearing.
73.3612 Annual employment report.
73.3613 Availability to FCC of station contracts.
73.3615 Ownership reports.
73.3617 Information available on the internet.
73.3700 Post-incentive auction licensing and operation.
73.3701 Reimbursement under the Reimbursement Expansion Act.
73.3800 Full power television channel sharing outside the incentive 
          auction.
73.3801 Full power television simulcasting during the ATSC 3.0 (Next Gen 
          TV) transition.
73.3999 Enforcement of 18 U.S.C. 1464 (restrictions on the transmission 
          of obscene and indecent material).
73.4000 Listing of FCC policies.
73.4005 Advertising--refusal to sell.
73.4015 Applications for AM and FM construction permits, incomplete or 
          defective.
73.4017 Application processing: Commercial FM stations.
73.4045 Barter agreements.
73.4050 Children's TV programs.
73.4055 Cigarette advertising.
73.4060 Citizens agreements.
73.4075 Commercials, loud.
73.4082 Comparative broadcast hearings--specialized programming formats.
73.4091 Direct broadcast satellites.
73.4094 Dolby encoder.
73.4095 Drug lyrics.
73.4097 EBS (now EAS) attention signals on automated programing systems.
73.4099 Financial qualifications, certification of.
73.4100 Financial qualifications; new AM and FM stations.
73.4101 Financial qualifications, TV stations.
73.4102 FAA communications, broadcast of.
73.4104 FM assignment policies and procedures.
73.4107 FM broadcast assignments, increasing availability of.
73.4108 FM transmitter site map submissions.
73.4110 Format changes of stations.
73.4135 Interference to TV reception by FM stations.
73.4140 Minority ownership; tax certificates and distress sales.
73.4154 Network/AM, FM station affiliation agreements.
73.4157 Network signals which adversely affect affiliate broadcast 
          service.
73.4163 Noncommercial nature of educational broadcast stations.
73.4165 Obscene language.
73.4170 Obscene broadcasts.
73.4180 Payment disclosure: Payola, plugola, kickbacks.
73.4185 Political broadcasting and telecasting, the law of.
73.4190 Political candidate authorization notice and sponsorship 
          identification.
73.4195 Political advertising by UHF translators.
73.4210 Procedure Manual: ``The Public and Broadcasting''.
73.4215 Program matter: Supplier identification.
73.4242 Sponsorship identification rules, applicability of.
73.4246 Stereophonic pilot subcarrier use during monophonic programming.
73.4247 STV: Competing applications.
73.4250 Subliminal perception.
73.4255 Tax certificates: Issuance of.
73.4260 Teaser announcements.
73.4265 Telephone conversation broadcasts (network and like sources).
73.4266 Tender offer and proxy statements.
73.4267 Time brokerage.
73.4275 Tone clusters; audio attention-getting devices.
73.4280 Character evaluation of broadcast applicants.

 Subpart I_Procedures for Competitive Bidding and for Applications for 
  Noncommercial Educational Broadcast Stations on Non-Reserved Channels

73.5000 Services subject to competitive bidding.
73.5001 [Reserved]
73.5002 Application and certification procedures; return of mutually 
          exclusive applications not subject to competitive bidding 
          procedures; prohibition of collusion.
73.5003 Submission of full payments.
73.5004 [Reserved]
73.5005 Filing of long-form applications.
73.5006 Filing of petitions to deny against long-form applications.
73.5007 Designated entity provisions.
73.5008 Definitions applicable for designated entity provisions.
73.5009 Assignment or transfer of control.

             Subpart J_Class A Television Broadcast Stations

73.6000 Definitions.
73.6001 Eligibility and service requirements.
73.6002 Licensing requirements.
73.6003-73.6005 [Reserved]
73.6006 Channel assignments.
73.6007 Power limitations.
73.6008 Distance computations.

[[Page 10]]

73.6010 Class A TV station protected contour.
73.6012 Protection of Class A TV, low power TV, and TV translator 
          stations.
73.6013 Protection of DTV stations.
73.6014 Protection of digital Class A TV stations.
73.6017 Digital Class A TV station protection of Class A TV and digital 
          Class A TV stations.
73.6018 Digital Class A TV station protection of DTV stations.
73.6019 Digital Class A TV station protection of low power TV, TV 
          translator, digital low power TV and digital TV translator 
          stations.
73.6020 Protection of stations in the land mobile radio service.
73.6022 Negotiated interference and relocation agreements.
73.6023 Distributed transmission systems.
73.6024 Transmission standards and system requirements.
73.6025 Antenna system and station location.
73.6026 Broadcast regulations applicable to Class A television stations.
73.6027 Class A TV notifications concerning interference to radio 
          astronomy, research and receiving installations.
73.6028 Class A television channel sharing outside the incentive 
          auction.
73.6029 Class A television simulcasting during the ATSC 3.0 (Next Gen 
          TV) transition.

      Subpart K_Application and Selection Procedures for Reserved 
  Noncommercial Educational Channels, and for Certain Applications for 
       Noncommercial Educational Stations on Non-Reserved Channels

73.7000 Definition of terms (as used in subpart K only).
73.7001 Services subject to evaluation by point system.
73.7002 Fair distribution of service on reserved band FM channels.
73.7003 Point system selection procedures.
73.7004 Petitions to deny tentative selectee(s).
73.7005 Maintenance of comparative qualifications.

                    Subpart L_Incorporated Standards

73.8000 Incorporation by reference.

Alphabetical Index--Part 73

    Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 
339.



                     Subpart A_AM Broadcast Stations



Sec. 73.1  Scope.

    This subpart contains those rules which apply exclusively to the AM 
broadcast service and are in addition to those rules in Subpart H which 
are common to all AM, FM and TV broadcast services, commercial and 
noncommercial.

[47 FR 8587, Mar. 1, 1982]



Sec. 73.14  AM broadcast definitions.

    AM broadcast band. The band of frequencies extending from 535 to 
1705 kHz.
    AM broadcast channel. The band of frequencies occupied by the 
carrier and the upper and lower sidebands of an AM broadcast signal with 
the carrier frequency at the center. Channels are designated by their 
assigned carrier frequencies. The 117 carrier frequencies assigned to AM 
broadcast stations begin at 540 kHz and progress in 10 kHz steps to 1700 
kHz. (See Sec. 73.21 for the classification of AM broadcast channels).
    AM broadcast station. A broadcast station licensed for the 
dissemination of radio communications intended to be received by the 
public and operated on a channel in the AM broadcast band.
    Amplitude modulated stage. The radio-frequency stage to which the 
modulator is coupled and in which the carrier wave is modulated in 
accordance with the system of amplitude modulation and the 
characteristics of the modulating wave.
    Amplitude modulator stage. The last amplifier stage of the 
modulating wave amplitude modulates a radio-frequency stage.
    Antenna current. The radio-frequency current in the antenna with no 
modulation.
    Antenna input power. The product of the square of the antenna 
current and the antenna resistance at the point where the current is 
measured.
    Antenna resistance. The total resistance of the transmitting antenna 
system at the operating frequency and at the point at which the antenna 
current is measured.
    Auxiliary facility. An auxiliary facility is an AM antenna tower(s) 
separate

[[Page 11]]

from the main facility's antenna tower(s), permanently installed at the 
same site or at a different location, from which an AM station may 
broadcast for short periods without prior Commission authorization or 
notice to the Commission while the main facility is not in operation 
(e.g., where tower work necessitates turning off the main antenna or 
where lightning has caused damage to the main antenna or transmission 
system) (See Sec. 73.1675).
    Blanketing. The interference which is caused by the presence of an 
AM broadcast signal of one volt per meter (V/m) or greater strengths in 
the area adjacent to the antenna of the transmitting station. The 1 V/m 
contour is referred to as the blanket contour and the area within this 
contour is referred to as the blanket area.
    Carrier-amplitude regulation (Carrier shift). The change in 
amplitude of the carrier wave in an amplitude-modulated transmitter when 
modulation is applied under conditions of symmetrical modulation.
    Combined audio harmonics. The arithmetical sum of the amplitudes of 
all the separate harmonic components. Root sum square harmonic readings 
may be accepted under conditions prescribed by the FCC.
    Critical hours. The two hour period immediately following local 
sunrise and the two hour period immediately preceding local sunset.
    Daytime. The period of time between local sunrise and local sunset.
    Effective field; Effective field strength. The root-mean-square 
(RMS) value of the inverse distance fields at a distance of 1 kilometer 
from the antenna in all directions in the horizontal plane. The term 
``field strength'' is synonymous with the term ``field intensity'' as 
contained elsewhere in this Part.
    Equipment performance measurements. The measurements performed to 
determine the overall performance characteristics of a broadcast 
transmission system from point of program origination to sampling of 
signal as radiated. (See Sec. 73.1590)
    Experimental period. the time between 12 midnight local time and 
local sunrise, used by AM stations for tests, maintenance and 
experimentation.
    Frequency departure. The amount of variation of a carrier frequency 
or center frequency from its assigned value.
    Incidental phase modulation. The peak phase deviation (in radians) 
resulting from the process of amplitude modulation.
    Input power. Means the product of the direct voltage applied to the 
last radio stage and the total direct current flowing to the last radio 
stage, measured without modulation.
    Intermittent service area. Means the area receiving service from the 
groundwave of a broadcast station but beyond the primary service area 
and subject to some interference and fading.
    Last radio stage. The radio-frequency power amplifier stage which 
supplies power to the antenna.
    Left (or right) signal. The electrical output of a microphone or 
combination of microphones placed so as to convey the intensity, time, 
and location of sounds originated predominately to the listener's left 
(or right) of the center of the performing area.
    Left (or right) stereophonic channel. The left (or right) signal as 
electrically reproduced in reception of AM stereophonic broadcasts.
    Main channel. The band of audio frequencies from 50 to 10,000 Hz 
which amplitude modulates the carrier.
    Maximum percentage of modulation. The greatest percentage of 
modulation that may be obtained by a transmitter without producing in 
its output, harmonics of the modulating frequency in excess of those 
permitted by these regulations. (See Sec. 73.1570)
    Maximum rated carrier power. The maximum power at which the 
transmitter can be operated satisfactorily and is determined by the 
design of the transmitter and the type and number of vacuum tubes or 
other amplifier devices used in the last radio stage.
    Model I facility. A station operating in the 1605-1705 kHz band 
featuring fulltime operation with stereo, competitive technical quality, 
10 kW daytime power, 1 kW nighttime power, non-directional antenna (or a 
simple directional antenna system), and separated by 400-800 km from 
other co-channel stations.

[[Page 12]]

    Model II facility. A station operating in the 535-1605 kHz band 
featuring fulltime operation, competitive technical quality, wide area 
daytime coverage with nighttime coverage at least 15% of the daytime 
coverage.
    Modulation dependent carrier level (MDCL) control technologies. 
Transmitter control techniques that vary either the carrier power level 
or both the carrier and sideband power levels as a function of the 
modulation level.
    Nighttime. The period of time between local sunset and local 
sunrise.
    Nominal power. The antenna input power less any power loss through a 
dissipative network and, for directional antennas, without consideration 
of adjustments specified in paragraphs (b)(1) and (b)(2) of Sec. 73.51 
of the rules. However, for AM broadcast applications granted or filed 
before June 3, 1985, nominal power is specified in a system of 
classifications which include the following values: 50 kW, 25 kW, 10 kW, 
5 kW, 2.5 kW, 1 kW, 0.5 kW, and 0.25 kW. The specified nominal power for 
any station in this group of stations will be retained until action is 
taken on or after June 3, 1985, which involves a change in the technical 
facilities of the station.
    Percentage modulation (amplitude)
    In a positive direction:

M = MAX-C x 100
 ----------------
 c

    In a negative direction:

M = C-MIN x 100
 ---------------
 c

Where:
M = Modulation level in percent.
MAX = Instantaneous maximum level of the modulated radio frequency 
          envelope.
MIN = Instantaneous minimum level of the modulated radio frequency 
          envelope.
C = (Carrier) level of radio frequency envelope without modulation.

    Plate modulation. The modulation produced by introduction of the 
modulating wave into the plate circuit of any tube in which the carrier 
frequency wave is present.
    Primary service area. Means the service area of a broadcast station 
in which the groundwave is not subject to objectionable interference or 
objectionable fading.
    Proof of performance measurements or antenna proof of performance 
measurements. The measurements of field strengths made to determine the 
radiation pattern or characteristics of an AM directional antenna 
system.
    Secondary service area. Means the service area of a broadcast 
station served by the skywave and not subject to objectionable 
interference and in which the signal is subject to intermittent 
variations in strength.
    Stereophonic channel. The band of audio frequencies from 50 to 
10,000 Hz containing the stereophonic information which modulates the 
radio frequency carrier.
    Stereophonic crosstalk. An undesired signal occurring in the main 
channel from modulation of the stereophonic channel or that occurring in 
the stereophonic channel from modulation of the main channel.
    Stereophonic pilot tone. An audio tone of fixed or variable 
frequency modulating the carrier during the transmission of stereophonic 
programs.
    Stereophonic separation. The ratio of the electrical signal caused 
in the right (or left) stereophonic channel to the electrical signal 
caused in the left (or right) stereophonic channel by the transmission 
of only a right (or left) signal.
    Sunrise and sunset. For each particular location and during any 
particular month, the time of sunrise and sunset as specified in the 
instrument of authorization (See Sec. 73.1209).
    White area. The area or population which does not receive 
interference-free primary service from an authorized AM station or does 
not receive a signal strength of at least 1 mV/m from an authorized FM 
station.

[47 FR 8587, Mar. 1, 1982, as amended at 47 FR 13164, Mar. 29, 1982; 47 
FR 13812, Apr. 1, 1982; 50 FR 18821, May 2, 1985; 50 FR 47054, Nov. 14, 
1985; 56 FR 64856, Dec. 12, 1991; 62 FR 51058, Sept. 30, 1997; 66 FR 
20755, Apr. 25, 2001; 81 FR 2759, Jan. 19, 2016; 82 FR 57882, Dec. 8, 
2017]



Sec. 73.21  Classes of AM broadcast channels and stations.

    (a) Clear channel. A clear channel is one on which stations are 
assigned to serve wide areas. These stations are

[[Page 13]]

protected from objectionable interference within their primary service 
areas and, depending on the class of station, their secondary service 
areas. Stations operating on these channels are classified as follows:
    (1) Class A station. A Class A station is an unlimited time station 
that operates on a clear channel and is designed to render primary and 
secondary service over an extended area and at relatively long distances 
from its transmitter. Its primary service area is protected from 
objectionable interference from other stations on the same and adjacent 
channels, and its secondary service area is protected from interference 
from other stations on the same channel. (See Sec. 73.182). The 
operating power shall not be less than 10 kW nor more than 50 kW. (Also 
see Sec. 73.25(a)).
    (2) Class B station. Class B stations are authorized to operate with 
a minimum power of 0.25 kW (or, if less than 0.25 kW, an equivalent RMS 
antenna field of at least 107.5 mV/m at 1 kilometer) and a maximum power 
of 50 kW, or 10 kW for stations that are authorized to operate in the 
1605-1705 kHz band.
    (3) Class D station. A Class D station operates either daytime, 
limited time or unlimited time with nighttime power less than 0.25 kW 
and an equivalent RMS antenna field of less than 107.5 mV/m at 1 
kilometer. Class D stations shall operate with daytime powers not less 
than 0.25 kW nor more than 50 kW. Nighttime operations of Class D 
stations are not afforded protection and must protect all Class A and 
Class B operations during nighttime hours. New Class D stations that had 
not been previously licensed as Class B will not be authorized.
    (b) Regional Channel. A regional channel is one on which Class B and 
Class D stations may operate and serve primarily a principal center of 
population and the rural area contiguous thereto.

    Note: Until the North American Regional Broadcasting Agreement 
(NARBA) is terminated with respect to the Bahama Islands and the 
Dominican Republic, radiation toward those countries from a Class B 
station may not exceed the level that would be produced by an 
omnidirectional antenna with a transmitted power of 5 kW, or such lower 
level as will comply with NARBA requirements for protection of stations 
in the Bahama Islands and the Dominican Republic against objectionable 
interference.

    (c) Local channel. A local channel is one on which stations operate 
unlimited time and serve primarily a community and the suburban and 
rural areas immediately contiguous thereto.
    (1) Class C station. A Class C station is a station operating on a 
local channel and is designed to render service only over a primary 
service area that may be reduced as a consequence of interference in 
accordance with Sec. 73.182. The power shall not be less than 0.25 kW, 
nor more than 1 kW. Class C stations that are licensed to operate with 
0.1 kW may continue to do so.

[56 FR 64856, Dec. 12, 1991, as amended at 81 FR 2759, Jan. 19, 2016]



Sec. 73.23  AM broadcast station applications affected by international agreements.

    (a) Except as provided in paragraph (b) of this section, no 
application for an AM station will be accepted for filing if 
authorization of the facilities requested would be inconsistent with 
international commitments of the United States under treaties and other 
international agreements, arrangements and understandings. (See list of 
such international instruments in Sec. 73.1650(b)). Any such 
application that is inadvertently accepted for filing will be dismissed.
    (b) AM applications that involve conflicts only with the North 
American Regional Broadcasting Agreement (NARBA), but that are in 
conformity with the remaining treaties and other international 
agreements listed in Sec. 73.1650(b) and with the other requirements of 
this part 73, will be granted subject to such modifications as the FCC 
may subsequently find appropriate, taking international considerations 
into account.
    (c) In the case of any application designated for hearing on issues 
other than those related to consistency with international relationships 
and as to which no final decision has been rendered, whenever action 
under this section becomes appropriate because of inconsistency with 
international relationships, the applicant involved shall,

[[Page 14]]

notwithstanding the provisions Sec. Sec. 73.3522 and 73.3571, be 
permitted to amend its application to achieve consistency with such 
relationships. In such cases the provisions of Sec. 73.3605(c) will 
apply.
    (d) In some circumstances, special international considerations may 
require that the FCC, in acting on applications, follow procedures 
different from those established for general use. In such cases, 
affected applicants will be informed of the procedures to be followed.

[56 FR 64856, Dec. 12, 1991]



Sec. 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 Sec. 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 Sec. 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]

[[Page 15]]



Sec. 73.25  Clear channels; Class A, Class B and Class D stations.

    The frequencies in the following tabulations are designated as clear 
channels and assigned for use by the Classes of stations given:
    (a) On each of the following channels, one Class A station may be 
assigned, operating with power of 50 kW: 640, 650, 660, 670, 700, 720, 
750, 760, 770, 780, 820, 830, 840, 870, 880, 890, 1020, 1030, 1040, 
1100, 1120, 1160, 1180, 1200, and 1210 kHz. In Alaska, these frequencies 
can be used by Class A stations subject to the conditions set forth in 
Sec. 73.182(a)(1)(ii). On the channels listed in this paragraph, Class 
B and Class D stations may be assigned.
    (b) To each of the following channels there may be assigned Class A, 
Class B and Class D stations: 680, 710, 810, 850, 940, 1000, 1060, 1070, 
1080, 1090, 1110, 1130, 1140, 1170, 1190, 1500, 1510, 1520, 1530, 1540, 
1550, and 1560 kHz.

    Note: Until superseded by a new agreement, protection of the Bahama 
Islands shall be in accordance with NARBA. Accordingly, a Class A, Class 
B or Class D station on 1540 kHz shall restrict its signal to a value no 
greater than 5 [micro]V/m groundwave or 25 [micro]V/m-10% skywave at any 
point of land in the Bahama Islands, and such stations operating 
nighttime (i.e., sunset to sunrise at the location of the U.S. station) 
shall be located not less than 650 miles from the nearest point of land 
in the Bahama Islands.

    (c) Class A, Class B and Class D stations may be assigned on 540, 
690, 730, 740, 800, 860, 900, 990, 1010, 1050, 1220, 1540, 1570, and 
1580 kHz.

[28 FR 13574, Dec. 14, 1963, as amended at 33 FR 4410, Mar. 12, 1968; 35 
FR 18052, Nov. 25, 1970; 47 FR 27862, June 28, 1982; 49 FR 43960, Nov. 
1, 1984; 50 FR 24520, June 11, 1985; 52 FR 47568, Dec. 15, 1987; 53 FR 
1031, Jan. 15, 1988; 54 FR 39736, Sept. 28, 1989; 56 FR 64857, Dec. 12, 
1991]



Sec. 73.26  Regional channels; Class B and Class D stations.

    (a) The following frequencies are designated as regional channels 
and are assigned for use by Class B and Class D stations: 550, 560, 570, 
580, 590, 600, 610, 620, 630, 790, 910, 920, 930, 950, 960, 970, 980, 
1150, 1250, 1260, 1270, 1280, 1290, 1300, 1310, 1320, 1330, 1350, 1360, 
1370, 1380, 1390, 1410, 1420, 1430, 1440, 1460, 1470, 1480, 1590, 1600, 
1610, 1620, 1630, 1640, 1650, 1660, 1670, 1680, 1690, and 1700 kHz.
    (b) Additionally, in Alaska, Hawaii, Puerto Rico, and the U.S. 
Virgin Islands the frequencies 1230, 1240, 1340, 1400, 1450, and 1490 
kHz are designated as Regional channels, and are assigned for use by 
Class B stations. Stations formerly licensed to these channels in those 
locations as Class C stations are redesignated as Class B stations.

[56 FR 64857, Dec. 12, 1991]



Sec. 73.27  Local channels; Class C stations.

    Within the conterminous 48 states, the following frequencies are 
designated as local channels, and are assigned for use by Class C 
stations: 1230, 1240, 1340, 1400, 1450, and 1490 kHz.

[56 FR 64857, Dec. 12, 1991]



Sec. 73.28  Assignment of stations to channels.

    (a) The Commission will not make an AM station assignment that does 
not conform with international requirements and restrictions on spectrum 
use that the United States has accepted as a signatory to treaties, 
conventions, and other international agreements. See Sec. 73.1650 for a 
list of pertinent treaties, conventions and agreements, and Sec. 73.23 
for procedural provisions relating to compliance with them.
    (b) Engineering standards now in force domestically differ in some 
respects from those specified for international purposes. The 
engineering standards specified for international purposes (see Sec. 
73.1650, International Agreements) will be used to determine:
    (1) The extent to which interference might be caused by a proposed 
station in the United States to a station in another country; and
    (2) whether the United States should register an objection to any 
new or changed assignment notified by another country. The domestic 
standards in effect in the United States will be used to determine the 
extent to which interference exists or would exist from a foreign 
station where the value of such interference enters into a calculation 
of:

[[Page 16]]

    (i) The service to be rendered by a proposed operation in the United 
States; or
    (ii) the permissible interfering signal from one station in the 
United States to another United States station.

[28 FR 13574, Dec. 14, 1963, as amended at 29 FR 9499, July 11, 1964; 49 
FR 32358, Aug. 14, 1984; 50 FR 18821, May 2, 1985; 54 FR 39736, Sept. 
28, 1989; 56 FR 64857, Dec. 12, 1991]



Sec. 73.29  Class C stations on regional channels.

    No license will be granted for the operation of a Class C station on 
a regional channel.

[ 56 FR 64857, Dec. 12, 1991]



Sec. 73.30  Petition for authorization of an allotment in the 1605-1705 kHz band.

    (a) Any party interested in operating an AM broadcast station on one 
of the ten channels in the 1605-1705 kHz band must file a petition for 
the establishment of an allotment to its community of license. Each 
petition must include the following information:
    (1) Name of community for which allotment is sought;
    (2) Frequency and call letters of the petitioner's existing AM 
operation; and
    (3) Statement as to whether or not AM stereo operation is proposed 
for the operation in the 1605-1705 kHz band.
    (b) Petitions are to be filed during a filing period to be 
determined by the Commission. For each filing period, eligible stations 
will be allotted channels based on the following steps:
    (1) Stations are ranked in descending order according to the 
calculated improvement factor.
    (2) The station with the highest improvement factor is initially 
allotted the lowest available channel.
    (3) Successively, each station with the next lowest improvement 
factor, is allotted an available channel taking into account the 
possible frequency and location combinations and relationship to 
previously selected allotments. If a channel is not available for the 
subject station, previous allotments are examined with respect to an 
alternate channel, the use of which would make a channel available for 
the subject station.
    (4) When it has been determined that, in accordance with the above 
steps, no channel is available for the subject station, that station is 
no longer considered and the process continues to the station with the 
next lowest improvement factor.
    (c) If awarded an allotment, a petitioner will have sixty (60) days 
from the date of public notice of selection to file an application for 
construction permit on FCC Form 301. (See Sec. Sec. 73.24 and 73.37(e) 
for filing requirements). Unless instructed by the Commission to do 
otherwise, the application shall specify Model I facilities. (See Sec. 
73.14). Upon grant of the application and subsequent construction of the 
authorized facility, the applicant must file a license application on 
FCC Form 302.

    Note 1: Until further notice by the Commission, the filing of these 
petitions is limited to licensees of existing AM stations (excluding 
Class C stations) operating in the 535-1605 kHz band. First priority 
will be assigned to Class D stations located within the primary service 
contours of U.S. Class A stations that are licensed to serve communities 
of 100,000 or more for which there exists no local fulltime aural 
service.
    Note 2: Selection among competing petitions will be based on 
interference reduction. Notwithstanding the exception contained in Note 
5 of this section, within each operational category, the station 
demonstrating the highest value of improvement factor will be afforded 
the highest priority for an allotment, with the next priority assigned 
to the station with next lowest value, and so on, until available 
allotments are filled.
    Note 3: The Commission will periodically evaluate the progress of 
the movement of stations from the 535-1605 kHz band to the 1605-1705 kHz 
band to determine whether the 1605-1705 kHz band should continue to be 
administered on an allotment basis or modified to an assignment method. 
If appropriate, the Commission will later develop further procedures for 
use of the 1605-1705 kHz band by existing station licensees and others.
    Note 4: Other than the exception specified in note 1 of this 
section, existing fulltime stations are considered first for selection 
as described in note 2 of this section. In the event that an allotment 
availability exists for which no fulltime station has filed a relevant 
petition, such allotment may be awarded to a licensed Class D station. 
If more than one Class D station applies for this migration opportunity, 
the following priorities will be used in the selection process: First 
priority--a Class D station located within the 0.5 mV/m-50% contour of a 
U.S.

[[Page 17]]

Class A station and licensed to serve a community of 100,000 or more, 
for which there exists no local fulltime aural service; Second 
priority--Class D stations ranked in order of improvement factor, from 
highest to lowest, considering only those stations with improvement 
factors greater than zero.
    Note 5: The preference for AM stereo in the expanded band will be 
administered as follows: when an allotment under consideration 
(candidate allotment) conflicts with one or more previously selected 
allotments (established allotments) and cannot be accommodated in the 
expanded band, the candidate allotment will be substituted for the 
previously established allotment provided that: the petitioner for the 
candidate allotment has made a written commitment to the use of AM 
stereo and the petitioner for the established allotment has not; the 
difference between the ranking factors associated with the candidate and 
established allotments does not exceed 10% of the ranking factor of the 
candidate allotment; the substitution will not require the displacement 
of more than one established allotment; and both the candidate allotment 
and the established allotment are within the same priority group.

[58 FR 27949, May 12, 1993]



Sec. 73.31  Rounding of nominal power specified on applications.

    (a) An application filed with the FCC for a new station or for an 
increase in power of an existing station shall specify nominal power 
rounded to two significant figures as follows:

------------------------------------------------------------------------
                                                                Rounded
                                                                down to
                      Nominal power (kW)                        nearest
                                                                 figure
                                                                  (kW)
------------------------------------------------------------------------
Below 0.25...................................................      0.001
0.25 to 0.99.................................................       0.01
1 to 9.9.....................................................        0.1
10 to 50.....................................................          1
------------------------------------------------------------------------

    (b) In rounding the nominal power in accordance with paragraph (a) 
of this section the RMS shall be adjusted accordingly. If rounding 
upward to the nearest figure would result in objectionable interference, 
the nominal power specified on the application is to be rounded downward 
to the next nearest figure and the RMS adjusted accordingly.

[50 FR 18821, May 2, 1985, as amended at 53 FR 1031, Jan. 15, 1988]



Sec. 73.33  Antenna systems; showing required.

    (a) An application for authority to install a broadcast antenna 
shall specify a definite site and include full details of the antenna 
design and expected performance.
    (b) All data necessary to show compliance with the terms and 
conditions of the construction permit must be filed with the license 
application. If the station is using a directional antenna, a proof of 
performance must also be filed.

[28 FR 13574, Dec. 14, 1963, as amended at 37 FR 25840, Dec. 5, 1972]



Sec. 73.35  Calculation of improvement factors.

    A petition for an allotment (See Sec. 73.30) in the 1605-1705 kHz 
band filed by an existing fulltime AM station licensed in the 535-1605 
kHz band will be ranked according to the station's calculated 
improvement factor. (See Sec. 73.30). Improvement factors relate to 
both nighttime and daytime interference conditions and are based on two 
distinct considerations: (a) Service area lost by other stations due to 
interference caused by the subject station, and (b) service area of the 
subject station. These considerations are represented by a ratio. The 
ratio consists, where applicable, of two separate additive components, 
one for nighttime and one for daytime. For the nighttime component, to 
determine the numerator of the ratio (first consideration), calculate 
the RSS and associated service area of the stations (co- and adjacent 
channel) to which the subject station causes nighttime interference. 
Next, repeat the RSS and service area calculations excluding the subject 
station. The cumulative gain in the above service area is the numerator 
of the ratio. The denominator (second consideration) is the subject 
station's interference-free service area. For the daytime component, the 
composite amount of service lost by co-channel and adjacent channel 
stations, each taken individually, that are affected by the subject 
station, excluding the effects of other assignments during each study, 
will be used as the numerator of the daytime improvement factor. The 
denominator will consist of the actual

[[Page 18]]

daytime service area (0.5 mV/m contour) less any area lost to 
interference from other assignments. The value of this combined ratio 
will constitute the petitioner's improvement factor. Notwithstanding the 
requirements of Sec. 73.153, for uniform comparisons and simplicity, 
measurement data will not be used for determining improvement factors 
and FCC figure M-3 ground conductivity values are to be used exclusively 
in accordance with the pertinent provisions of Sec. 73.183(c)(1).

[56 FR 64858, Dec. 12, 1991]



Sec. 73.37  Applications for broadcast facilities, showing required.

    (a) No application will be accepted for a new station if the 
proposed operation would involve overlap of signal strength contours 
with any other station as set forth below in this paragraph; and no 
application will be accepted for a change of the facilities of an 
existing station if the proposed change would involve such overlap where 
there is not already such overlap between the stations involved:

------------------------------------------------------------------------
                                 Contour of
                                  proposed
                                   station       Contour of any other
   Frequency separation (kHz)     (classes          station (mV/m)
                                  B, C and
                                  D) (mV/m)
------------------------------------------------------------------------
0..............................       0.005  0.100 (Class A).
                                      0.025  0.500(Other classes).
                                      0.500  0.025 (All classes).
10.............................       0.250  0.500(All classes).
                                      0.500  0.250 (All classes).
20.............................           5  5 (All classes).
                                          5  5 (All classes).
30.............................          25  25 (All classes).
------------------------------------------------------------------------

    (b) In determining overlap received, an application for a new Class 
C station with daytime power of 250 watts, or greater, shall be 
considered on the assumption that both the proposed operation and all 
existing Class C stations operate with 250 watts and utilize non-
directional antennas.
    (c) If otherwise consistent with the public interest, an application 
requesting an increase in the daytime power of an existing Class C 
station on a local channel from 250 watts to a maximum of 1kW, or from 
100 watts to a maximum of 500 watts, may be granted notwithstanding 
overlap prohibited by paragraph (a) of this section. In the case of a 
100 watt Class C station increasing daytime power, the provisions of 
this paragraph shall not be construed to permit an increase in power to 
more than 500 watts, if prohibited overlap would be involved, even if 
successive applications should be tendered.
    (d) In addition to demonstrating compliance with paragraphs (a), 
and, as appropriate, (b), and (c) of this section, an application for a 
new AM broadcast station, or for a major change (see Sec. 
73.3571(a)(1)) in an authorized AM broadcast station, as a condition for 
its acceptance, shall make a satisfactory showing, if new or modified 
nighttime operation by a Class B station is proposed, that objectionable 
interference will not result to an authorized station, as determined 
pursuant to Sec. 73.182(1).
    (e) An application for an authorization in the 1605-1705 kHz band 
which has been selected through the petition process (See Sec. 73.30) 
is not required to demonstrate compliance with paragraph (a), (b), (c), 
or (d) of this section. Instead, the applicant need only comply with the 
terms of the allotment authorization issued by the Commission in 
response to the earlier petition for establishment of a station in the 
1605-1705 kHz band. Within the allotment authorization, the Commission 
will specify the assigned frequency and the applicable technical 
requirements.
    (f) Stations on 1580, 1590 and 1600 kHz. In addition to the rules 
governing the authorization of facilities in the 535-1605 kHz band, 
stations on these frequencies seeking facilities modifications must 
protect assignments in the 1610-1700 kHz band. Such protection shall be 
afforded in a manner which considers the spacings that occur or exist 
between the subject station and a station within the range 1605-1700 
kHz. The spacings are the same as those specified for stations in the 
frequency band 1610-1700 kHz or the current separation distance, 
whichever is greater. Modifications that would result in a spacing or 
spacings that fails to meet any of the separations must include a 
showing that appropriate adjustment has been made to the radiated signal 
which effectively results in a site-to-site radiation that is equivalent 
to the radiation of a station with standard

[[Page 19]]

Model I facilities (10 kW-D, 1 kW-N, non-DA, 90 degree antenna ht. & 
ground system) operating in compliance with all of the above separation 
distances. In those cases where that radiation equivalence value is 
already exceeded, a station may continue to maintain, but not increase 
beyond that level.

    Note 1: In the case of applications for changes in the facilities of 
AM broadcast stations covered by this section, an application will be 
accepted even though overlap of field strength contours as mentioned in 
this section would occur with another station in an area where such 
overlap does not already exist, if:
    (1) The total area of overlap with that station would not be 
increased;
    (2) There would be no net increase in the area of overlap with any 
other station; and
    (3) There would be created no area of overlap with any station with 
which overlap does not now exist.
    Note 2: The provisions of this section concerning prohibited overlap 
of field strength contours will not apply where:
    (1) The area of overlap lies entirely over sea water: or
    (2) The only overlap involved would be that caused to a foreign 
station, in which case the provisions of the applicable international 
agreement, as identified in Sec. 73.1650, will apply. When overlap 
would be received from a foreign station, the provisions of this section 
will apply, except where there would be overlap with a foreign station 
with a frequency separation of 20 kHz, in which case the provisions of 
the international agreement will apply in lieu of this section.
    Note 3: In determining the number of ``authorized'' aural 
transmission facilities in a given community, applications for that 
community in hearing or otherwise having protected status under 
specified ``cut-off'' procedures shall be considered as existing 
stations. In the event that there are two or more mutually exclusive 
protected applications seeking authorization for the proposed community 
it will be assumed that only one is ``authorized.''
    Note 4: A ``transmission facility'' for a community is a station 
licensed to the community. Such a station provides a ``transmission 
service'' for that community.

[56 FR 64858, Dec. 12, 1991; 57 FR 43290, Sept. 18, 1992]



Sec. 73.44  AM transmission system emission limitations.

    (a) The emissions of stations in the AM service shall be attenuated 
in accordance with the requirements specified in paragraph (b) of this 
section. Emissions shall be measured using a properly operated and 
suitable swept-frequency RF spectrum analyzer using a peak hold duration 
of 10 minutes, no video filtering, and a 300 Hz resolution bandwidth, 
except that a wider resolution bandwidth may be employed above 11.5 kHz 
to detect transient emissions. Alternatively, other specialized 
receivers or monitors with appropriate characteristics may be used to 
determine compliance with the provisions of this section, provided that 
any disputes over measurement accuracy are resolved in favor of 
measurements obtained by using a calibrated spectrum analyzer adjusted 
as set forth above.
    (b) Emissions 10.2 kHz to 20 kHz removed from the carrier must be 
attenuated at least 25 dB below the unmodulated carrier level, emissions 
20 kHz to 30 kHz removed from the carrier must be attenuated at least 35 
dB below the unmodulated carrier level, emissions 30 kHz to 60 kHz 
removed from the carrier must be attenuated at least [5 + 1 dB/kHz] 
below the unmodulated carrier level, and emissions between 60 kHz and 75 
kHz of the carrier frequency must be attenuated at least 65 dB below the 
unmodulated carrier level. Emissions removed by more than 75 kHz must be 
attenuated at least 43 + 10 Log (Power in watts) or 80 dB below the 
unmodulated carrier level, whichever is the lesser attenuation, except 
for transmitters having power less than 158 watts, where the attenuation 
must be at least 65 dB below carrier level.
    (c) Should harmful interference be caused to the reception of other 
broadcast or non-broadcast stations by out of band emissions, the 
licensee may be directed to achieve a greater degree of attentuation 
than specified in paragraphs (a) and (b) of this section.
    (d) Measurements to determine compliance with this section for 
transmitter type acceptance are to be made using signals sampled at the 
output terminals of the transmitter when operating into an artificial 
antenna of substantially zero reactance. Measurements made of the 
emissions of an operating station are to be made at ground level 
approximately 1 kilometer from the center of the antenna system. When a 
directional antenna is

[[Page 20]]

used, the carrier frequency reference field strength to be used in order 
of preference shall be:
    (1) The measure non-directional field strength.
    (2) The RMS field strength determined from the measured directional 
radiation pattern.
    (3) The calculated expected field strength that would be radiated by 
a non-directional antenna at the station authorized power.
    (e) Licensees of stations complying with the ANSI/EIA-549-1988, 
NRSC-1 AM Preemphasis/Deemphasis and Broadcast Transmission Bandwidth 
Specifications (NRSC-1), prior to June 30, 1990 or from the original 
commencement of operation will, until June 30, 1994, be considered to 
comply with paragraphs (a) and (b) of this section, absent any reason 
for the Commission to believe otherwise. Such stations are waived from 
having to make the periodic measurements required in Sec. 73.1590(a)(6) 
until June 30, 1994. However, licensees must make measurements to 
determine compliance with paragraphs (a) and (b) of this section upon 
receipt of an Official Notice of Violation or a Notice of Apparent 
Liability alleging noncompliance with those provisions, or upon specific 
request by the Commission.

[47 FR 8588, Mar. 1, 1982, as amended at 49 FR 3999, Feb. 1, 1984]



Sec. 73.45  AM antenna systems.

    (a) All applicants for new, additional, or different AM station 
facilities and all licensees requesting authority to change the 
transmitting system site of an existing station must specify an antenna 
system, the efficiency of which complies with the requirements for the 
class and power of station. (See Sec. Sec. 73.186 and 73.189.)
    (1) An application for authority to install an AM broadcast antenna 
must specify a definite site and include full details of the antenna 
system design and expected performance.
    (2) All data necessary to show compliance with the terms and 
conditions of the construction permit must be filed with the application 
for the station license to cover the construction. If the station has 
constructed a directional antenna, a directional proof of performance 
must be filed. See Sec. Sec. 73.150 through 73.157.
    (b) The simultaneous use of a common antenna or antenna structure by 
more than one AM station or by a station of any other type or service 
may be authorized provided:
    (1) Engineering data are submitted showing that satisfactory 
operation of each station will be obtained without adversely affecting 
the operation of the other station(s).
    (2) The minimum field strength for each AM station complies with 
Sec. 73.189(b).
    (c) Should any changes be made or otherwise occur which would 
possibly alter the resistance of the antenna system, the licensee must 
commence the determination of the operating power by a method described 
in Sec. 73.51(a)(1) or (d). (If the changes are due to the addition of 
antennas to the AM tower, see Sec. 1.30003.) Upon completion of any 
necessary repairs or adjustments, or upon completion of authorized 
construction or modifications, the licensee must make a new 
determination of the antenna resistance using the procedures described 
in Sec. 73.54. Operating power should then be determined by a direct 
method as described in Sec. 73.51. Notification of the value of 
resistance of the antenna system must be filed with the FCC in 
Washington, DC as follows:
    (1) Whenever the measurements show that the antenna or common point 
resistance differs from that shown on the station authorization by more 
than 2%, FCC Form 302 must be filed with the information and measurement 
data specified in Sec. 73.54(d).
    (2) Whenever AM stations use direct reading power meters pursuant to 
Sec. 73.51, a letter notification to the FCC in Washington, DC, 
Attention: Audio Division, Media Bureau, must be filed in accordance 
with Sec. 73.54(e).

[43 FR 53735, Nov. 17, 1978, as amended at 45 FR 28141, Apr. 28, 1980; 
47 FR 8589, Mar. 1, 1982; 50 FR 32416, Aug. 12, 1985; 51 FR 2707; Jan. 
21, 1986; 51 FR 26250, July 22, 1986; 63 FR 33875, June 22, 1998; 67 FR 
13231, Mar. 21, 2002; 78 FR 66298, Nov. 5, 2013]



Sec. 73.49  AM transmission system fencing requirements.

    Antenna towers having radio frequency potential at the base (series

[[Page 21]]

fed, folded unipole, and insulated base antennas) must be enclosed 
within effective locked fences or other enclosures. Ready access must be 
provided to each antenna tower base for meter reading and maintenance 
purposes at all times. However, individual tower fences need not be 
installed if the towers are contained within a protective property 
fence.

[51 FR 2707, Jan. 21, 1986]



Sec. 73.51  Determining operating power.

    (a) Except in those circumstances described in paragraph (d) of this 
section, the operating power shall be determined by the direct method. 
The direct method consists of either:
    (1) using a suitable instrument for determining the antenna's input 
power directly from the RF voltage, RF current, and phase angle; or
    (2) calculating the product of the licensed antenna or common point 
resistance at the operating frequency (see Sec. 73.54), and the square 
of the indicated unmodulated antenna current at that frequency, measured 
at the point where the resistance has been determined.
    (b) The authorized antenna input power for each station shall be 
equal to the nominal power for such station, with the following 
exceptions:
    (1) For stations with nominal powers of 5 kW, or less, the 
authorized antenna input power to directional antennas shall exceed the 
nominal power by 8 percent.
    (2) For stations with nominal powers in excess of 5 kW, the 
authorized antenna input power to directional antennas shall exceed the 
nominal power by 5.3 percent.
    (3) In specific cases, it may be necessary to limit the radiated 
field to a level below that which would result if normal power were 
delivered to the antenna. In such cases, excess power may be dissipated 
in the antenna feed circuit, the transmitter may be operated with power 
output at a level which is less than the rated carrier power, or a 
combination of the two methods may be used, subject to the conditions 
given in paragraph (c) of this section.
    (i) Where a dissipative network is employed, the authorized antenna 
current and resistance, and the authorized antenna input power shall be 
determined at the input terminals of the dissipative network.
    (ii) Where the authorized antenna input power is less than the 
nominal power, subject to the conditions set forth in paragraph (c) of 
this section, the transmitter may be operated at the reduced power level 
necessary to supply the authorized antenna input power.
    (c) Applications for authority to operate with antenna input power 
which is less than nominal power and/or to employ a dissipative network 
in the antenna system shall be made on FCC Form 302. The technical 
information supplied on section II-A of this form shall be that applying 
to the proposed conditions of operation. In addition, the following 
information shall be furnished, as pertinent:
    (1) Full details of any network employed for the purpose of 
dissipating radio frequency energy otherwise delivered to the antenna 
(see Sec. 73.54).
    (2) A showing that the transmitter has been type accepted or 
notified for operation at the proposed power output level, or, in lieu 
thereof:
    (i) A full description of the means by which transmitter output 
power will be reduced.
    (ii) Where the proposed transmitter power output level(s) is less 
than 90% of the rated power of the transmitter, equipment performance 
measurements must be made to confirm that the station transmissions 
conform to the emission limitation specified in Sec. 73.44, under all 
conditions of program operation.
    (iii) A showing that, at the proposed power output level, means are 
provided for varying the transmitter output within a tolerance of 10 percent, to compensate for variations in line voltage 
or other factors which may affect the power output level.
    (d) When it is not possible or appropriate to use the direct method 
of power determination due to technical reasons, the indirect method of 
determining operating power (see paragraphs (e) and (f) of this section) 
may be used on a temporary basis. A notation must be made in the station 
log indicating the dates of commencement and termination of measurement 
using

[[Page 22]]

the indirect method of power determination.
    (e) The antenna input power is determined indirectly by applying an 
appropriate factor to the input power to the last radio-frequency power 
amplifier stage of the transmitter, using the following formula:

Where:

Antenna input power = Ep x Ip x F

Ep = DC input voltage of final radio stage.
Ip = Total DC input current of final radio stage.
F= Efficiency factor.

    (1) If the above formula is not appropriate for the design of the 
transmitter final amplifier, use a formula specified by the transmitter 
manufacturer with other appropriate operating parameters.
    (2) The value of F applicable to each mode of operation must be 
determined and a record kept thereof with a notation as to its 
derivation. This factor is to be established by one of the methods 
described in paragraph (f) of this section and retained in the station 
records.
    (f) The value of F is to be determined by one of the following 
procedures listed in order of preference:
    (1) If the station had previously been authorized and operating by 
determining the antenna input power by the direct method, the factor F 
is the ratio of the antenna input power (determined by the direct 
method) to the corresponding final radio frequency power amplifier input 
power.
    (2) If a station has not been previously in regular operation with 
the power authorized for the period of indirect power determination, if 
a new transmitter has been installed, or if, for any other reason, the 
determination of the factor F by the method described in paragraph 
(f)(1) of this section is impracticable:
    (i) The factor F as shown in the transmitter manufacturer's test 
report, if such a test report specifies a unique value of F for the 
power level and frequently used; or
    (ii) The value determined by reference to the following table:

------------------------------------------------------------------------
                Method of        Maximum rated carrier      Class of
Factor(F)       modulation               power              amplifier
------------------------------------------------------------------------
   0.70    Plate..............  1 kW or less..........  ................
    .80    Plate..............  2.5 kW and over.......  ................
    .35    Low level..........  0.25 kW and over......  B
    .65    Low level..........  0.25 kW and over......  BC\1\
    .35    Grid...............  0.25 kW and over......  ................
------------------------------------------------------------------------
\1\ All linear amplifier operation where efficiency approaches that of
  class C operation.


[37 FR 7516, Apr. 15, 1972, as amended at 42 FR 36827, July 18, 1977; 42 
FR 61863, Dec. 7, 1977; 44 FR 36036, June 20, 1979; 47 FR 28387, June 
30, 1982; 48 FR 38477, Aug. 24, 1983; 48 FR 44805, Sept. 30, 1983; 49 FR 
3999, Feb. 1, 1984; 49 FR 4210, Feb. 3, 1984; 49 FR 49850, Dec. 24, 
1984; 50 FR 24521, June 11, 1985; 52 FR 10570, Apr. 2, 1987; 83 FR 
48963, Sept. 28, 2018]



Sec. 73.53  Requirements for authorization of antenna monitors.

    (a) Antenna monitors shall be approved with Supplier's Declaration 
of Conformity that demonstrates compliance with the technical 
requirements in this section. The procedure for Supplier's Declaration 
of Conformity is specified in subpart J of part 2 of this chapter.
    Note 1 to paragraph (a): The verification procedure has been 
replaced by Supplier's Declaration of Conformity. Antenna monitors 
previously authorized under subpart J of part 2 of this chapter may 
remain in use. See Sec. 2.950 of this chapter.
    (b) An antenna monitor shall meet the following specifications:
    (1) The monitor shall be designed to operate in the 535-1705 kHz 
band.
    (2) The monitor shall be capable of indicating any phase difference 
between two RF voltages of the same frequency over a range of from 0 to 
360[deg].
    (3) The monitor shall be capable of indicating the relative 
amplitude of two RF voltages.
    (4) The device used to indicate phase differences shall indicate in 
degrees, and shall be graduated in increments of 2[deg], or less. If a 
digital indicator is provided, the smallest increment shall be 0.5[deg], 
or less.
    (5) The device used to indicate relative amplitudes shall be 
graduated in increments which are 1 percent, or less, of the full scale 
value. If a digital indicator is provided, the smallest increment shall 
be 0.1 percent, or less, of the full scale value.
    (6) The monitor shall be equipped with means, if necessary, to 
resolve ambiguities in indication.

[[Page 23]]

    (7) If the monitor is provided with more than one RF input terminal 
in addition to a reference input terminal, appropriate switching shall 
be provided in the monitor so that the signal at each of these RF inputs 
may be selected separately for comparison with the reference input 
signal.
    (8) Each RF input of the monitor shall provide a termination of such 
characteristics that, when connected to a sampling line of an impedance 
specified by the manufacturer the voltage reflection coefficient shall 
be 3 percent or less.
    (9) The monitor, if intended for use by stations operating 
directional antenna systems by remote control, shall be designed so that 
the switching functions required by paragraph (b)(7) of this section may 
be performed from a point external to the monitor, and phase and 
amplitude indications be provided by external meters. The indications of 
external meters furnished by the manufacturer shall meet the 
specifications for accuracy and repeatability of the monitor itself, and 
the connection of these meters to the monitor, or of other indicating 
instruments with electrical characteristics meeting the specifications 
of the monitor manufacturer shall not affect adversely the performance 
of the monitor in any respect.
    (10) Complete and correct schematic diagrams and operating 
instructions shall be retained by the party responsible for Supplier's 
Declaration of Conformity of the equipment and submitted to the FCC upon 
request. For the purpose of equipment authorization, these diagrams and 
instructions shall be considered as part of the monitor.
    (11) When an RF signal of an amplitude within a range specified by 
the manufacturer is applied to the reference RF input terminal of the 
monitor, and another RF signal of the same frequency and of equal or 
lower amplitude is applied to any other selected RF input terminal, 
indications shall be provided meeting the following specifications.
    (i) The accuracy with which any difference in the phases of the 
applied signals is indicated shall be 1[deg], or 
better, for signal amplitude ratios of from 2:1 to 1:1, and 2[deg], or better, for signal amplitude ratios in excess 
of 2:1 and up to 5:1.
    (ii) The repeatability of indication of any difference in the phases 
of the applied signals shall be 1[deg], or better.
    (iii) The accuracy with which the relative amplitudes of the applied 
signals is indicated, over a range in which the ratio of these 
amplitudes is between 2:1 and 1:1, shall be 2 
percent of the amplitude ratio, or better, and for amplitude ratios in 
excess of 2:1 and up to 5:1, 5 percent of the 
ratio, or better.
    (iv) The repeatability of indication of the relative amplitudes of 
the applied signals, over a range where the ratio of these amplitudes is 
between 5:1 and 1:1, shall be 2 percent of the 
amplitude ratio, or better.
    (v) The modulation of the RF signals by a sinusoidal wave of any 
frequency between 100 and 10,000 Hz, at any amplitude up to 90 percent 
shall cause no deviation in an indicated phase difference from its 
value, as determined without modulation, greater than 0.5[deg].
    (12) The performance specifications set forth in paragraph (b)(11) 
of this section, shall be met when the monitor is operated and tested 
under the following conditions.
    (i) After continuous operation for 1 hour, the monitor shall be 
calibrated and adjusted in accordance with the manufacturer's 
instructions.
    (ii) The monitor shall be subjected to variations in ambient 
temperature between the limits of 10 and 40 [deg]C; external meters 
furnished by the manufacturer will be subjected to variations between 15 
and 30 [deg]C.
    (iii) Powerline supply voltage shall be varied over a range of from 
10 percent below to 10 percent above the rated supply voltage.
    (iv) The amplitude of the reference signal shall be varied over the 
operating range specified by the manufacturer, and in any case over a 
range of maximum to minimum values of 3 to 1.
    (v) The amplitude of the comparison signal shall be varied from a 
value which is 0.2 of the amplitude of the reference signal to a value 
which is equal in amplitude to the reference signal.
    (vi) Accuracy shall be determined for the most adverse combination 
of conditions set forth above.

[[Page 24]]

    (vii) Repeatability shall be determined as that which may be 
achieved under the specified test conditions over a period of 7 days, 
during which no calibration or adjustment of the instrument, subsequent 
to the initial calibration, shall be made.
    (viii) The effects of modulation of the RF signal shall be 
separately determined, and shall not be included in establishing values 
for accuracy and repeatability.

    Note 1 to paragraph (b): In paragraph (b)(1) of this section, the 
requirement that monitors be capable of operation in the 535-1705 kHz 
band shall apply only to equipment manufactured after July 1, 1992. Use 
of a monitor in the 1605-1705 kHz band which is not approved for such 
operation will be permitted pending the general availability of 535-1705 
kHz band monitors if a manufacturer can demonstrate, in the interim, 
that its monitor performs in accordance with the standards in this 
section on these 10 channels.

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[38 FR 1917, Jan. 19, 1973, as amended at 49 FR 3999, Feb. 1, 1984; 49 
FR 29069, July 18, 1984; 50 FR 32416, Aug. 12, 1985; 50 FR 47054, Nov. 
14, 1985; 51 FR 2707, Jan. 21, 1986; 56 FR 64859, Dec. 12, 1991; 57 FR 
43290, Sept. 18, 1992; 60 FR 55480, Nov. 1, 1995; 63 FR 36604, July 7, 
1998; 66 FR 20755, Apr. 25, 2001; 82 FR 50835, Nov. 2, 2017]



Sec. 73.54  Antenna resistance and reactance measurements.

    (a) The resistance of an omnidirectional series fed antenna is 
measured at either the base of the antenna without intervening coupling 
or tuning networks, or at the point the transmission line connects to 
the output terminals of the transmitter. The resistance of a shunt 
excited antenna may be measured at the point the radio frequency energy 
is transferred to the feed wire circuit or at the output terminals of 
the transmitter.
    (b) The resistance and reactance of a directional antenna shall be 
measured at the point of common radiofrequency input to the directional 
antenna system after the antenna has been finally adjusted for the 
required radiation pattern.
    (c) A letter of notification must be filed with the FCC in 
Washington, DC, Attention: Audio Division, Media Bureau, when 
determining power by the direct method pursuant to Sec. 73.51. The 
letter must specify the antenna or common point resistance at the 
operating frequency. The following information must also be kept on file 
at the station:
    (1) A full description of the method used to make measurements.
    (2) A schematic diagram showing clearly all components of coupling 
circuits, the point of resistance measurement, the location of the 
antenna ammeter, connections to and characteristics of all tower 
lighting isolation circuits, static drains, and any other fixtures 
connected to and supported by the antenna, including other antennas and 
associated networks. Any network or circuit component used to dissipate 
radio frequency power shall be specifically identified, and the 
impedances of all components which control the level of power 
dissipation, and the effective input resistance of the network must be 
indicated.
    (d) AM stations using direct reading power meters in accordance with 
Sec. 73.51, can either submit the information required by paragraph (c) 
of this section or submit a statement indicating that such a meter is 
being used. Subsequent station licenses will indicate the use of a 
direct reading power meter in lieu of the antenna resistance value in 
such a situation.

[66 FR 20755, Apr. 25, 2001,as amended at 67 FR 13231, Mar. 21, 2002]



Sec. 73.57  Remote reading antenna and common point ammeters.

    Remote reading antenna and common point ammeters may be used without 
further authority according to the following conditions:
    (a) Remote reading antenna or common point ammeters may be provided 
by:
    (1) Inserting second radio frequency current sensing device directly 
in the antenna circuit with remote leads to the indicating instruments.
    (2) Inductive coupling to radio frequency current sensing device for 
providing direct current to indicating instrument.

[[Page 25]]

    (3) Capacity coupling to radio frequency current sensing device for 
providing direct current to indicating instrument.
    (4) Current transformer connected to radio frequency current sensing 
device for providing direct current to indicating instrument.
    (5) Using transmission line current meter at transmitter as remote 
reading ammeter. See paragraph (c) of this section.
    (6) Using the indications of the antenna (phase) monitor, provided 
that when the monitor is used to obtain remote reading indication of 
non-directional antenna base current, the monitor calibration can be 
independently made and maintained for each mode of operation.
    (b) Devices used for obtaining remote reading antenna or common 
point current indications, except antenna monitor coupling elements, 
shall be located at the same point as, but below (transmitter side) the 
associated main ammeter.
    (c) In the case of shunt-excited antennas, the transmission line 
current meter at the transmitter may be considered as the remote antenna 
ammeter provided the transmission line is terminated directly into the 
excitation circuit feed line, which shall employ series tuning only (no 
shunt circuits of any type shall be employed) and insofar as 
practicable, the type and scale of the transmission line meter should be 
the same as those of the excitation circuit feed line meter (meter in 
slant wire feed line or equivalent).
    (d) Each remote reading ammeter shall be accurate to within 2 
percent of the value read on its corresponding regular ammeter.
    (e) All remote reading ammeters shall conform with the 
specifications for regular antenna ammeters.
    (f) Meters with arbitrary scale divisions may be used provided that 
calibration charts or curves are provided at the transmitter control 
point showing the relationship between the arbitrary scales and the 
reading of the main meters.
    (g) If a malfunction affects the remote reading indicators of the 
antenna or common point ammeter, the operating power may be determined 
by a method using alternative procedures as described in Sec. 73.51.

[41 FR 36817, Sept. 1, 1976, as amended at 48 FR 38477, Aug. 24, 1983; 
49 FR 49850, Dec. 24, 1984; 50 FR 32416, Aug. 12, 1985; 60 FR 55480, 
Nov. 1, 1995]



Sec. 73.58  Indicating instruments.

    (a) Each AM broadcast station must be equipped with indicating 
instruments which conform with the specifications described in Sec. 
73.1215 for determining power by the direct and indirect methods, and 
with such other instruments as are necessary for the proper adjustment, 
operation, and maintenance of the transmitting system. However, 
auxiliary transmitters with a nominal power rating of 100 watts or less 
are not required to be equipped with instruments to determine power by 
the indirect method provided that the licensee can determine the antenna 
input power at all times.
    (b) Since it is usually impractical to measure the actual antenna 
current of a shunt excited antenna system, the current measured at the 
input of the excitation circuit feed line is accepted as the antenna 
current.
    (c) The function of each instrument shall be clearly and permanently 
shown on the instrument itself or on the panel immediately adjacent 
thereto.
    (d) In the event that any one of these indicating instruments 
becomes defective when no substitute which conforms with the required 
specifications is available, the station may be operated without the 
defective instrument pending its repair or replacement for a period not 
in excess of 60 days without further authority of the Commission. If the 
defective instrument is the antenna current meter of a nondirectional 
station which does not employ a remote antenna ammeter, or if the 
defective instrument is the common point meter of a station which 
employs a directional antenna and does not employ a remote common point 
meter, the operating power shall be determined by a method described in 
Sec. 73.51(a)(1) or Sec. 73.51(d) during the entire time the station 
is operated without the antenna current meter or common point meter. 
However, if a remote

[[Page 26]]

meter is employed and the antenna current ammeter or common point meter 
becomes defective, the remote meter can be used to determine operating 
power pending the return to service of the regular meter.
    (e) If conditions beyond the control of the licensee prevent the 
restoration of the meter to service within the above allowed period, 
information requested in accordance with Sec. 73.3549 may be filed by 
letter with the FCC in Washington, DC, Attention: Audio Division, Media 
Bureau, to request additional time as may be required to complete 
repairs of the defective instrument.

[41 FR 36817, Sept. 1, 1976, as amended at 48 FR 38477, Aug. 24, 1983; 
49 FR 49850, Dec. 24, 1984; 50 FR 32416, Aug. 12, 1985; 51 FR 2707, Jan. 
21, 1986; 53 FR 2498, Jan. 28, 1988; 63 FR 33876, June 22, 1998; 66 FR 
20755, Apr. 25, 2001; 67 FR 13231, Mar. 21, 2002]



Sec. 73.61  AM directional antenna field strength measurements.

    (a) Each AM station using a directional antenna with monitoring 
point locations specified in the instrument of authorization must make 
field strength measurements as often as necessary to ensure that the 
field at each of those points does not exceed the value specified in the 
station authorization. Additionally, stations not having an approved 
sampling system must make the measurements once each calendar quarter at 
intervals not exceeding 120 days. The provision of this paragraph 
supersedes any schedule specified on a station license issued prior to 
January 1, 1986. The results of the measurements are to be entered into 
the station log pursuant to the provisions of Sec. 73.1820.
    (b) If the AM license was granted on the basis of field strength 
measurements performed pursuant to Sec. 73.151(a), partial proof of 
performance measurements using the procedures described in Sec. 73.154 
must be made whenever the licensee has reason to believe that the 
radiated field may be exceeding the limits for which the station was 
most recently authorized to operate.
    (c) A station may be directed to make a partial proof of performance 
by the FCC whenever there is an indication that the antenna is not 
operating as authorized.

[50 FR 47054, Nov. 14, 1985, as amended at 73 FR 64560, Oct. 30, 2008]



Sec. 73.62  Directional antenna system operation and tolerances.

    (a) Each AM station operating a directional antenna must maintain 
the relative amplitudes of the antenna currents, as indicated by the 
antenna monitor, within 5% of the values specified on the instrument of 
authorization. Directional antenna relative phases must be maintained 
within 3 degrees of the values specified on the instrument of 
authorization.
    (b) In the event of a failure of system components, improper pattern 
switching or any other event that results in operation substantially at 
variance from the radiation pattern specified in the instrument of 
authorization for the pertinent time of day, operation must be 
terminated within three minutes unless power can be reduced sufficiently 
to eliminate any excessive radiation. See Sec. 73.1350(e).
    (1) Any variation of operating parameters by more than 15 percent sample current ratio or 10 degrees in phase, any monitor point that exceeds 125 
percent of the licensed limit, or any operation at variance that results 
in complaints of interference shall be considered operation 
substantially at variance from the license and will require immediate 
corrective action.
    (2) [Reserved]
    (c) In the event of minor variations of directional antenna 
operating parameters from the tolerances specified in paragraph (a) of 
this section, the following procedures will apply:
    (1) The licensee shall measure and log every monitoring point at 
least once for each mode of directional operation. Subsequent variations 
in operating parameters will require the remeasuring and logging of 
every monitoring point to assure that the authorized monitoring point 
limits are not being exceeded. The licensee will be permitted 24 hours 
to accomplish these actions; provided that, the date and time of the 
failure to maintain proper operating parameters have been recorded in 
the station log.

[[Page 27]]

    (2) Provided each monitoring point is within its specified limit, 
operation may continue for a period up to 30 days before a request for 
Special Temporary Authority (STA) must be filed, pursuant to paragraph 
(c)(4) of this section, to operate with parameters at variance from the 
provisions of paragraph (a) of this section.
    (3) If any monitoring point exceeds its specified limit, the 
licensee must either terminate operation within three hours or reduce 
power in accordance with the applicable provisions of Sec. 73.1350(d), 
in order to eliminate any possibility of interference or excessive 
radiation in any direction.
    (4) If operation pursuant to paragraph (c)(3) of this section is 
necessary, or before the 30-day period specified in paragraph (c)(2) of 
this Sec. expires, the licensee must request a Special Temporary 
Authority (STA) in accordance with section 73.1635 to continue operation 
with parameters at variance and/or with reduced power along with a 
statement certifying that all monitoring points will be continuously 
maintained within their specified limits.
    (d) In any other situation in which it might reasonably be 
anticipated that the operating parameters might vary out of tolerance 
(such as planned array repairs or adjustment and proofing procedures), 
the licensee shall, before such activity is undertaken, obtain a Special 
Temporary Authority (STA) in accordance with Sec. 73.1635 in order to 
operate with parameters at variance and/or with reduced power as 
required to maintain all monitoring points within their specified 
limits.

[72 FR 44422, Aug. 8, 2007]



Sec. 73.68  Sampling systems for antenna monitors.

    (a) Each AM station permittee authorized to construct a new 
directional antenna system which will be subject to a proof of 
performance based on field strength measurements, as described in Sec. 
73.151(a) or (b), must install the sampling system in accordance with 
the following specifications:
    (1) Devices used to extract or sample the current and the 
transmission line connecting the sampling elements to the antenna 
monitor must provide accurate and stable signals to the monitor (e.g., 
rigidly mounted and non-rotatable loops and all system components 
protected from physical and environmental disturbances).
    (2) Sampling lines for directional antennas may be of different 
lengths provided the phase difference of signals at the monitor are less 
than 0.5 degrees between the shortest and longest cable lengths due to 
temperature variations to which the system is exposed.
    (3) Other configurations of sampling systems may be used upon 
demonstration of stable operation to the FCC.
    (b) An AM station permittee authorized to construct a directional 
antenna system which will be subject to a proof of performance based on 
moment method modeling, as described in Sec. 73.151(c), shall install a 
sampling system conforming to the requirements set forth in that 
section.
    (c) A station having an antenna sampling system constructed 
according to the specifications given in paragraph (a) of this section 
may obtain approval of that system by submitting an informal letter 
request to the FCC in Washington, DC, Attention: Audio Division, Media 
Bureau. The request for approval, signed by the licensee or authorized 
representative, must contain sufficient information to show that the 
sampling system is in compliance with all requirements of paragraph (a) 
of this section.

    Note to paragraph (c): A public notice dated December 9, 1985 giving 
additional information on approval of antenna sampling systems is 
available through the Internet at http://www.fcc.gov/mb/audio/decdoc/
letter/1985-12-09-sample.html.

    (d) In the event that the antenna monitor sampling system is 
temporarily out of service for repair or replacement, the station may be 
operated, pending completion of repairs or replacement, for a period not 
exceeding 120 days without further authority from the FCC if all other 
operating parameters and the field monitoring point values are within 
the limits specified on the station authorization.
    (e) If the antenna sampling system is modified or components of the 
sampling system are replaced, the following procedure shall be followed:

[[Page 28]]

    (1) Special Temporary Authority (see Sec. 73.1635) shall be 
requested and obtained from the Commission's Audio Division, Media 
Bureau in Washington to operate with parameters at variance with 
licensed values pending issuance of a modified license specifying 
parameters subsequent to modification or replacement of components.
    (2) Immediately prior to modification or replacement of components 
of the sampling system, and after a verification that all monitoring 
point values and operating parameters are within the limits or 
tolerances specified in the rules, the following indications must be 
recorded for each radiation pattern: Final plate current and plate 
voltage, common point current, antenna monitor phase and current 
indications, and the field strength at each monitoring point. Subsequent 
to these modifications or changes the procedure must be repeated.
    (3) If monitoring point field strengths or antenna monitor 
parameters exceed allowable limits following the replacement or 
modification of that portion of the sampling system above the base of 
the towers, a partial proof of performance shall be executed in 
accordance with Sec. 73.154 . The partial proof of performance shall be 
accompanied by common point impedance measurements made in accordance 
with Sec. 73.54.
    (4) Request for modification of license shall be submitted to the 
FCC in Washington, DC, within 30 days of the date of sampling system 
modification or replacement. Such request shall specify the transmitter 
plate voltage and plate current, common point current, base currents and 
their ratios, antenna monitor phase and current indications, and all 
other data obtained pursuant to this paragraph.
    (f) If an existing sampling system is found to be patently of 
marginal construction, or where the performance of a directional antenna 
is found to be unsatisfactory, and this deficiency reasonably may be 
attributed, in whole or in part, to inadequacies in the antenna 
monitoring system, the FCC may require the reconstruction of the 
sampling system in accordance with requirements specified above.

[41 FR 7405, Feb. 18, 1976]

    Editorial Note: For Federal Register citations affecting Sec. 
73.68, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 73.69  Antenna monitors.

    (a) Each station using a directional antenna must have in operation 
at the transmitter site an FCC authorized antenna monitor.
    (b) In the event that the antenna monitor sampling system is 
temporarily out of service for repair or replacement, the station may be 
operated, pending completion of repairs or replacement, for a period not 
exceeding 120 days without further authority from the FCC if all other 
operating parameters, and the field monitoring point values are within 
the limits specified on the station authorization.
    (c) If conditions beyond the control of the licensee prevent the 
restoration of the monitor to service within the allowed period, an 
informal letter request in accordance with Sec. 73.3549 of the 
Commission's rules must be filed with the FCC, Attention: Audio 
Division, Media Bureau in Washington, DC for such additional time as may 
be required to complete repairs of the defective instrument.
    (d) If an authorized antenna monitor is replaced by another antenna 
monitor, the following procedure shall be followed:
    (1) Temporary authority shall be requested and obtained from the 
Commission in Washington to operate with parameters at variance with 
licensed values, pending issuance of a modified license specifying new 
parameters.
    (2) Immediately before the replacement of the antenna monitor, after 
a verification that all monitoring point values and the common point 
current reading are within the limits or tolerances specified in the 
rules, the following indications must be recorded for each radiation 
pattern: Final plate current and plate voltage, common point current, 
antenna monitor phase and current indications, and the field strength at 
each monitoring point.
    (3) With the new monitor substituted for the old, all indications 
specified in paragraph (d)(2) of this section, again must be read. If no 
change has occurred in the indication for any parameter

[[Page 29]]

other than the indications of the antenna monitor, the new antenna 
monitor indications must be deemed to be those reflecting correct array 
adjustments.
    (4) If it cannot be established by the observations required in 
paragraph (d)(2) of this section that the common point current reading 
and the monitoring point values are within the tolerances or limits 
prescribed by the rules and the instrument of authorization, or if the 
substitution of the new antenna monitor for the old results in changes 
in these parameters, a partial proof of performance shall be executed 
and analyzed in accordance with Sec. 73.154.
    (5) An informal letter request for modification of license shall be 
submitted to the FCC, Attention: Audio Division, Media Bureau in 
Washington, DC within 30 days of the date of monitor replacement. Such 
request shall specify the make, type, and serial number of the 
replacement monitor, phase and sample current indications, and other 
data obtained pursuant to this paragraph (d).
    (e) The antenna monitor must be calibrated according to the 
manufacturer's instructions as often as necessary to ensure its proper 
operation.

[38 FR 1918, Jan. 19, 1973]

    Editorial Note: For Federal Register citations affecting Sec. 
73.69, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 73.72  Operating during the experimental period.

    (a) An AM station may operate during the experimental period (the 
time between midnight and sunrise, local time) on its assigned frequency 
and with its authorized power for the routine testing and maintenance of 
its transmitting system, and for conducting experimentation under an 
experimental authorization, provided no interference is caused to other 
stations maintaining a regular operating schedule within such period.
    (b) No station licensed for ``daytime'' or ``specified hours'' of 
operation may broadcast any regular or scheduled program during this 
period.
    (c) The licensee of an AM station shall operate or refrain from 
operating its station during the experimental period as directed by the 
FCC to facilitate frequency measurements or for the determination of 
interference.

[43 FR 32780, July 28, 1978, as amended at 56 FR 64859, Dec. 12, 1991]



Sec. 73.88  Blanketing interference.

    The licensee of each broadcast station is required to satisfy all 
reasonable complaints of blanketing interference within the 1 V/m 
contour.

    Note: For more detailed instructions concerning operational 
responsibilities of licensees and permittees under this section, see 
Sec. 73.318 (b), (c) and (d).

[28 FR 13574, Dec. 14, 1963, as amended at 56 FR 64859, Dec. 12, 1991]



Sec. 73.99  Presunrise service authorization (PSRA) and postsunset service authorization (PSSA).

    (a) To provide maximum uniformity in early morning operation 
compatible with interference considerations, and to provide for 
additional service during early evening hours for Class D stations, 
provisions are made for presunrise service and postsunset service. The 
permissible power for presunrise or postsunset service authorizations 
shall not exceed 500 watts, or the authorized daytime or critical hours 
power (whichever is less). Calculation of the permissible power shall 
consider only co-channel stations for interference protection purposes.
    (b) Presunrise service authorizations (PSRA) permit:
    (1) Class D stations operating on Mexican, Bahamian, and Canadian 
priority Class A clear channels to commence PSRA operation at 6 a.m. 
local time and to continue such operation until the sunrise times 
specified in their basic instruments of authorization.
    (2) Class D stations situated outside 0.5 mV/m-50% skywave contours 
of co-channel U.S. Class A stations to commence PSRA operation at 6 a.m. 
local time and to continue such operation until sunrise times specified 
in their basic instruments of authorization.

[[Page 30]]

    (3) Class D stations located within co-channel 0.5 mV/m-50% skywave 
contours of U.S. Class A stations, to commence PSRA operation either at 
6 a.m. local time, or at sunrise at the nearest Class A station located 
east of the Class D station (whichever is later), and to continue such 
operation until the sunrise times specified in their basic instruments 
of authorization.
    (4) Class B and Class D stations on regional channels to commence 
PSRA operation at 6 a.m. local time and to continue such operation until 
local sunrise times specified in their basic instruments of 
authorization.
    (c) Extended Daylight Saving Time Pre-Sunrise Authorizations:
    (1) Between the first Sunday in April and the end of the month of 
April, Class D stations will be permitted to conduct pre-sunrise 
operation beginning at 6 a.m. local time with a maximum power of 500 
watts (not to exceed the station's regular daytime or critical hours 
power), reduced as necessary to comply with the following requirements:
    (i) Full protection is to be provided as specified in applicable 
international agreements.
    (ii) Protection is to be provided to the 0.5 mV/m groundwave signals 
of co-channel U.S. Class A stations; protection to the 0.5 mV/m-50% 
skywave contours of these stations is not required.
    (iii) In determining the protection to be provided, the effect of 
each interfering signal will be evaluated separately. The presence of 
interference from other stations will not reduce or eliminate the 
required protection.
    (iv) Notwithstanding the requirements of paragraph (c)(1) (ii) and 
(iii) of this section, the stations will be permitted to operate with a 
minimum power of 10 watts unless a lower power is required by 
international agreement.
    (2) The Commission will issue appropriate authorizations to Class D 
stations not previously eligible to operate during this period. Class D 
stations authorized to operate during this presunrise period may 
continue to operate under their current authorization.
    (d) Postsunset service authorizations (PSSA) permit:
    (1) Class D stations located on Mexican, Bahamian, and Canadian 
priority Class A clear channels to commence PSSA operation at sunset 
times specified in their basic instruments of authorization and to 
continue for two hours after such specified times.
    (2) Class D stations situated outside 0.5 mV/m-50% skywave contours 
of co-channel U.S. Class A stations to commence PSSA operations at 
sunset times specified in their basic instruments of authorization and 
to continue for two hours after such specified times.
    (3) Class D stations located within co-channel 0.5 mV/m-50% skywave 
contours of U.S. Class A stations to commence PSSA operation at sunset 
times specified in their basic instruments of authorization and to 
continue such operation until two hours past such specified times, or 
until sunset at the nearest Class A station located west of the Class D 
station, whichever is earlier. Class D stations located west of the 
Class A station do not qualify for PSSA operation.
    (4) Class D stations on regional channels to commence PSSA operation 
at sunset times specified on their basic instruments of authorization 
and to continue such operation until two hours past such specified 
times.
    (e) Procedural Matters. (1) Applications for PSRA and PSSA operation 
are not required. Instead, the FCC will calculate the periods of such 
operation and the power to be used pursuant to the provisions of this 
section and the protection requirements contained in applicable 
international agreements. Licensees will be notified of permissible 
power and times of operation. Presunrise and Postsunset service 
authority permits operation on a secondary basis and does not confer 
license rights. No request for such authority need be filed. However, 
stations intending to operate PSRA or PSSA shall submit by letter, 
signed as specified in Sec. 73.3513, the following information:
    (i) Licensee name, station call letters and station location,
    (ii) Indication as to whether PSRA operation, PSSA operation, or 
both, is intended by the station,

[[Page 31]]

    (iii) A description of the method whereby any necessary power 
reduction will be achieved.
    (2) Upon submission of the required information, such operation may 
begin without further authority.
    (f) Technical criteria. Calculations to determine whether there is 
objectionable interference will be determined in accordance with the AM 
Broadcast Technical Standards, Sec. Sec. 73.182 through 73.190, and 
applicable international agreements. Calculations will be performed 
using daytime antenna systems, or critical hours antenna systems when 
specified on the license. In performing calculations to determine 
assigned power and times for commencement of PSRA and PSSA operation, 
the following standards and criteria will be used:
    (1) Class D stations operating in accordance with paragraphs (b)(1), 
(b)(2), (d)(1), and (d)(2) of this section are required to protect the 
nighttime 0.5 mV/m-50% skywave contours of co-channel Class A stations. 
Where a 0.5 mV/m-50% skywave signal from the Class A station is not 
produced, the 0.5 mV/m groundwave contour shall be protected.
    (2) Class D stations are required to fully protect foreign Class B 
and Class C stations when operating PSRA and PSSA; Class D stations 
operating PSSA are required to fully protect U.S. Class B stations. For 
purposes of determining protection, the nighttime RSS limit will be used 
in the determination of maximum permissible power.
    (3) Class D stations operating in accordance with paragraphs (d)(2) 
and (d)(3) of this section are required to restrict maximum 10% skywave 
radiation at any point on the daytime 0.1 mV/m groundwave contour of a 
co-channel Class A station to 25 [micro]V/m. The location of the 0.1 mV/
m contour of the Class A station will be determined by use of Figure M3, 
Estimated Ground Conductivity in the United States. When the 0.1 mV/m 
contour extends beyond the national boundary, the international boundary 
shall be considered the 0.1 mV/m contour.
    (4) Class B and Class D stations on regional channels operating PSRA 
and PSSA (Class D only) are required to provide full protection to co-
channel foreign Class B and Class C stations.
    (5) Class D stations on regional channels operating PSSA beyond 6 
p.m. local time are required to fully protect U.S. Class B stations.
    (6) The protection that Class D stations on regional channels are 
required to provide when operating PSSA until 6 p.m. local time is as 
follows.
    (i) For the first half-hour of PSSA operation, protection will be 
calculated at sunset plus 30 minutes at the site of the Class D station;
    (ii) For the second half-hour of PSSA operation, protection will be 
calculated at sunset plus one hour at the site of the Class D station;
    (iii) For the second hour of PSSA operation, protection will be 
calculated at sunset plus two hours at the site of the Class D station;
    (iv) Minimum powers during the period until 6 p.m. local time shall 
be permitted as follows:

------------------------------------------------------------------------
           Calculated power                  Adjusted minimum power
------------------------------------------------------------------------
From 1 to 45 watts....................  50 watts.
Above 45 to 70 watts..................  75 watts.
Above 70 to 100 watts.................  100 watts.
------------------------------------------------------------------------

    (7) For protection purposes, the nighttime 25% RSS limit will be 
used in the determination of maximum permissible power.
    (g) Calculations made under paragraph (d) of this section may not 
take outstanding PSRA or PSSA operations into account, nor will the 
grant of a PSRA or PSSA confer any degree of interference protection on 
the holder thereof.
    (h) Operation under a PSRA or PSSA is not mandatory, and will not be 
included in determining compliance with the requirements of Sec. 
73.1740. To the extent actually undertaken, however, presunrise 
operation will be considered by the FCC in determining overall 
compliance with past programming representations and station policy 
concerning commercial matter.
    (i) The PSRA or PSSA is secondary to the basic instrument of 
authorization with which it is to be associated. The PSRA or PSSA may be 
suspended, modified, or withdrawn by the FCC without prior notice or 
right to hearing, if necessary to resolve interference conflicts, to 
implement agreements with foreign governments, or in other circumstances 
warranting such action.

[[Page 32]]

Moreover, the PSRA or PSSA does not extend beyond the term of the basic 
authorization.
    (j) The Commission will periodically recalculate maximum permissible 
power and times for commencing PSRA and PSSA for each Class D station 
operating in accordance with paragraph (c) of this section. The 
Commission will calculate the maximum power at which each individual 
station may conduct presunrise operations during extended daylight 
saving time and shall issue conforming authorizations. These original 
notifications and subsequent notifications should be associated with the 
station's authorization. Upon notification of new power and time of 
commencing operation, affected stations shall make necessary adjustments 
within 30 days.
    (k) A PSRA and PSSA does not require compliance with Sec. Sec. 
73.45, 73.182 and 73.1560 where the operation might otherwise be 
considered as technically substandard. Further, the requirements of 
paragraphs (a)(5), (b)(2), (c)(2), and (d)(2) of Sec. 73.1215 
concerning the scale ranges of transmission system indicating 
instruments are waived for PSRA and PSSA operation except for the radio 
frequency ammeters used in determining antenna input power.
    (1) A station having an antenna monitor incapable of functioning at 
the authorized PSRA and PSSA power when using a directional antenna 
shall take the monitor reading using an unmodulated carrier at the 
authorized daytime power immediately prior to commencing PSRA or PSSA 
operations. Special conditions as the FCC may deem appropriate may be 
included for PSRA or PSSA to insure operation of the transmitter and 
associated equipment in accordance with all phases of good engineering 
practice.

[56 FR 64860, Dec. 12, 1991; 57 FR 43290, Sept. 18, 1992, as amended at 
58 FR 27950, May 12, 1993]



Sec. 73.127  Use of multiplex transmission.

    The licensee of an AM broadcast station may use its AM carrier to 
transmit signals not audible on ordinary consumer receivers, for both 
broadcast and non-broadcast purposes subject to the following 
requirements:
    (a) Such use does not disrupt or degrade the station's own programs 
or the programs of other broadcast stations.
    (b) AM carrier services that are common carrier in nature are 
subject to common carrier regulation. Licensees operating such services 
are required to apply to the FCC for the appropriate authorization and 
to comply with all policies and rules applicable to the service. 
Responsibility for making the initial determinations of whether a 
particular activity is common carriage rests with the AM station 
licensee. Initial determinations by licensees are subject to FCC 
examination and may be reviewed at the FCC's discretion. AM carrier 
services that are private carrier in nature must notify the Licensing 
Division of the Private Radio Bureau at Gettysburg, Pennsylvania 17325, 
by letter, prior to initiating service certifying compliance with 47 CFR 
parts 90 and 94.
    (c) AM carrier services are of a secondary nature under the 
authority of the AM station authorization, and the authority to provide 
such communications services may not be retained or transferred in any 
manner separate from the station's authorization. The grant or renewal 
of an AM station permit or license is not furthered or promoted by 
proposed or past service. The permittee or licensee must establish that 
the broadcast operation is in the public interest wholly apart from the 
subsidiary communications services provided.
    (d) The station identification, delayed recording, and sponsor 
identification announcements required by Sec. Sec. 73.1201, 73.1208, 
and 73.1212 are not applicable to leased communications services 
transmitted via services that are not of a general broadcast program 
nature.
    (e) The licensee or permittee must retain control over all material 
transmitted in a broadcast mode via the station's facilities, with the 
right to reject any material that it deems inappropriate or undesirable.

[[Page 33]]

    (f) Installation of the multiplex transmitting equipment must 
conform with the requirements of Sec. 73.1690(e).

[47 FR 25345, June 11, 1982, as amended at 49 FR 34015, Aug. 28, 1984; 
51 FR 41629, Nov. 18, 1986; 51 FR 44478, Dec. 10, 1986]



Sec. 73.128  AM stereophonic broadcasting.

    (a) An Am broadcast station may, without specific authority from the 
FCC, transmit stereophonic programs upon installation of type accepted 
stereophonic transmitting equipment and the necessary measuring 
equipment to determine that the stereophonic transmissions conform to 
the modulation characteristics specified in paragraphs (b) and (c) of 
this section. Stations transmitting stereophonic programs prior to March 
21, 1994 may continue to do so until March 21, 1995 as long as they 
continue to comply with the rules in effect prior to March 21, 1994.
    (b) The following limitations on the transmitted wave must be met to 
insure compliance with the occupied bandwidth limitations, compatibility 
with AM receivers using envelope detectors, and any applicable 
international agreements to which the FCC is a party:
    (1) The transmitted wave must meet the occupied bandwidth 
specifications of Sec. 73.44 under all possible conditions of program 
modulation. Compliance with requirement shall be demonstrated either by 
the following specific modulation tests or other documented test 
procedures that are to be fully described in the application for type 
acceptance and the transmitting equipment instruction manual. (See Sec. 
2.983(d)(8) and (j)).
    (i) Main channel (L + R) under all conditions of amplitude 
modulations for the stereophonic system but not exceeding amplitude 
modulation on negative peaks of 100%.
    (ii) Stereophonic (L-R) modulated with audio tones of the same 
amplitude at the transmitter input terminals as in paragraph (b)(i) of 
this section but with the phase of either the L or R channel reversed.
    (iii) Left and Right Channel only, under all conditions of 
modulation for the stereophonic system in use but not exceeding 
amplitude modulation on negative peaks of 100%.
    (c) Effective on December 20, 1994, stereophonic transmissions shall 
conform to the following additional modulation characteristics:
    (1) The audio response of the main (L + R) channel shall conform to 
the requirements of the ANSI/EIA-549-1988, NRSC-1 AM Preemphasis/
Deemphasis and Broadcast Transmission Bandwidth Specifications (NRSC-1).
    (2) The left and right channel audio signals shall conform to 
frequency response limitations dictated by ANSI/EIA-549-1988.
    (3) The stereophonic difference (L-R) information shall be 
transmitted by varying the phase of the carrier in accordance with the 
following relationship:
[GRAPHIC] [TIFF OMITTED] TR20DE93.000

where:

L(t) = audio signal left channel,
R(t) = audio signal right channel,
m = modulation factor, and
mpeak(L(t) + R(t)) = 1 for 100% amplitude modulation,
mpeak(L(t)-R(t)) = 1 for 100% phase modulation.

    (4) The carrier phase shall advance in a positive direction when a 
left channel signal causes the transmitter envelope to be modulated in a 
positive direction. The carrier phase shall likewise retard (negative 
phase change) when a right channel signal causes the transmitter 
envelope to be modulated in a positive direction. The phase modulation 
shall be symmetrical for the condition of difference (L-R) channel 
information

[[Page 34]]

sent without the presence of envelope modulation.
    (5) Maximum angular modulation, which occurs on negative peaks of 
the left or right channel with no signal present on the opposite channel 
(L(t)=-0.75, R(t) = 0, or R(t)=-0.75, L(t) = 0) shall not exceed 1.25 
radians.
    (6) A peak phase modulation of 0.785 radians 
under the condition of difference (L-R) channel modulation and the 
absence of envelope (L + R) modulation and pilot signal shall represent 
100% modulation of the difference channel.
    (7) The composite signal shall contain a pilot tone for indication 
of the presence of stereophonic information. The pilot tone shall 
consist of a 25 Hz tone, with 3% or less total harmonic distortion and a 
frequency tolerance of 0.1 H2, which 
modulates the carrier phase 0.05 radians peak, 
corresponding to 5% L-R modulation when no other modulation is present. 
The injection level shall be 5%, with a tolerance of + 1, -1%.
    (8) The composite signal shall be described by the following 
expression:
[GRAPHIC] [TIFF OMITTED] TR20DE93.001

where:

A = the unmodulated carrier voltage
m = the modulation index
Csn = the magnitude of the nth term of the sum signal
Cdn = the magnitude of the nth term of the difference signal
[omega]sn = the nth order angular velocity of the sum signal
[omega]dn = the nth order angular velocity of the difference 
          signal
[omega]c = the angular velocity of the carrier
[GRAPHIC] [TIFF OMITTED] TR20DE93.002


[[Page 35]]


Asn and Bsn are the n\th\ sine and cosine 
          coefficients of Csn
Adn and Bdn are the n\th\ sine and cosine 
          coefficients of Cdn

[58 FR 66301, Dec. 20, 1993]



Sec. 73.132  Territorial exclusivity.

    No licensee of an AM broadcast station shall have any arrangement 
with a network organization which prevents or hinders another station 
serving substantially the same area from broadcasting the network's 
programs not taken by the former station, or which prevents or hinders 
another station serving a substantially different area from broadcasting 
any program of the network organization: Provided, however, That this 
section does not prohibit arrangements under which the station is 
granted first call within its primary service area upon the network's 
programs. The term ``network organization'' means any organization 
originating program material, with or without commercial messages, and 
furnishing the same to stations interconnected so as to permit 
simultaneous broadcast by all or some of them. However, arrangements 
involving only stations under common ownership, or only the rebroadcast 
by one station or programming from another with no compensation other 
than a lump-sum payment by the station rebroadcasting, are not 
considered arrangements with a network organization. The term 
``arrangement'' means any contract, arrangement or understanding, 
expressed or implied.

[42 FR 16422, Mar. 28, 1977]



Sec. 73.150  Directional antenna systems.

    (a) For each station employing a directional antenna, all 
determinations of service provided and interference caused shall be 
based on the inverse distance fields of the standard radiation pattern 
for that station. (As applied to nighttime operation the term ``standard 
radiation pattern'' shall include the radiation pattern in the 
horizontal plane, and radiation patterns at angles above this plane.)
    (1) Parties submitting directional antenna patterns pursuant to this 
section and Sec. 73.152 (Modified standard pattern) must submit 
patterns which are tabulated and plotted in units of millivolts per 
meter at 1 kilometer.

    Note: Applications for new stations and for changes (both minor and 
major) in existing stations must use a standard pattern.

    (b) The following data shall be submitted with an application for 
authority to install a directional antenna:
    (1) The standard radiation pattern for the proposed antenna in the 
horizontal plane, and where pertinent, tabulated values for the 
azimuthal radiation patterns for angles of elevation up to and including 
60 degrees, with a separate section for each increment of 5 degrees.
    (i) The standard radiation pattern shall be based on the theoretical 
radiation pattern. The theoretical radiation pattern shall be calculated 
in accordance with the following mathematical expression:
[GRAPHIC] [TIFF OMITTED] TC13NO91.014

where:

E([phis],[thetas])th Represents the theoretical inverse 
          distance fields at one kilometer for the given azimuth and 
          elevation.
k Represents the multiplying constant which determines the basic pattern 
          size. It shall be chosen so that the effective field (RMS) of 
          the theoretical pattern in the horizontal plane shall be no 
          greater than the value computed on the assumption that nominal 
          station power (see Sec. 73.14) is delivered to the 
          directional array, and that a lumped loss resistance of one 
          ohm exists at the current loop of each element of the array, 
          or at the base of each element of electrical height lower than 
          0.25 wavelength, and no less than the value required by Sec. 
          73.189(b)(2) of this part for a station of the class and

[[Page 36]]

          nominal power for which the pattern is designed.
n Represents the number of elements (towers) in the directional array.
i Represents the i\th\ element in the array.
Fi Represents the field ratio of the i\th\ element in the 
          array.
[thetas] Represents the vertical elevation angle measured from the 
          horizontal plane.
fi ([thetas]) represents the vertical plane radiation characteristic of 
          the ith antenna. This value depends on the tower height, as 
          well as whether the tower is top-loaded or sectionalized. The 
          various formulas for computing fi ([thetas]) are given in 
          Sec. 73.160.
Si Represents the electrical spacing of the i\th\ tower from the 
          reference point.
[phis]i Represents the orientation (with respect to true 
          north) of the i\th\ tower.
[phis] Represents the azimuth (with respect to true north).
[psi]i Represents the electrical phase angle of the current in the i\th\ 
          tower.
    The standard radiation pattern shall be constructed in accordance 
with the following mathematical expression:
[GRAPHIC] [TIFF OMITTED] TC01MR91.063

where:

E([phis],[thetas])std represents the inverse distance fields 
          at one kilometer which are produced by the directional antenna 
          in the horizontal and vertical planes. 
          E([phis],[thetas])th represents the theoretical 
          inverse distance fields at one kilometer as computed in 
          accordance with Eq. 1, above.
Q is the greater of the following two quantities: 0.025g([thetas]) 
          Erss or 10.0g([thetas]) [radic] PkW

where:

    g([thetas]) is the vertical plane distribution factor, f([thetas]), 
for the shortest element in the array (see Eq. 2, above; also see Sec. 
73.190, Figure 5). If the shortest element has an electrical height in 
excess of 0.5 wavelength, g([thetas]) shall be computed as follows:
[GRAPHIC] [TIFF OMITTED] TC01MR91.064

Erss is the root sum square of the amplitudes of the inverse 
          fields of the elements of the array in the horizontal plane, 
          as used in the expression for E([phis],[thetas])th 
          (see Eq. 1, above), and is computed as follows:
          [GRAPHIC] [TIFF OMITTED] TC01MR91.065
          
PkW is the nominal station power expressed in kilowatts, see 
          Sec. 73.14. If the nominal power is less than one kilowatt, 
          PkW = 1.

    (ii) Where the orthogonal addition of the factor Q to E([phis], 
[thetas])th results in a standard pattern whose minimum 
fields are lower than those found necessary or desirable, these fields 
may be increased by appropriate adjustment of the parameters of 
E([phis], [thetas])th.
    (2) All patterns shall be computed for integral multiples of five 
degrees, beginning with zero degrees representing true north, and, shall 
be plotted to the largest scale possible on unglazed letter-size paper 
(main engraving approximately 7[min] x 10[min]) using only scale 
divisions and subdivisions of 1,2,2.5, or 5 times 10\nth\. The 
horizontal plane pattern shall be plotted on polar coordinate paper, 
with the zero degree point corresponding to true north. Patterns for 
elevation angles above the horizontal plane may be plotted in polar or 
rectangular coordinates, with the pattern for each angle of elevation on 
a separate page. Rectangular plots shall begin and end at true north, 
with all azimuths labelled in increments of not less than 20 degrees. If 
a rectangular plot is used, the ordinate showing the scale for radiation 
may be logarithmic. Such patterns for elevation angles above the 
horizontal plane need be submitted only upon specific request by 
Commission staff. Minor lobe and null detail occurring between 
successive patterns for specific angles of elevation need not be 
submitted. Values of field strength on any pattern less than ten percent 
of the maximum field strength plotted on that pattern shall be shown on 
an enlarged scale. Rectangular plots with a logarithmic ordinate need 
not utilize an expanded scale unless necessary to show clearly the minor 
lobe and null detail.
    (3) The effective (RMS) field strength in the horizontal plane of 
E([phis],[thetas])std, E([phis],[thetas])th and 
the root-sum-square (RSS) value of the inverse distance fields of the 
array elements at 1 kilometer, derived from the equation for 
E([phis],[thetas])th. These values shall be tabulated on the 
page on which the horizontal plane pattern is plotted, which shall be 
specifically labelled as the Standard Horizontal Plane Pattern.

[[Page 37]]

    (4) Physical description of the array, showing:
    (i) Number of elements.
    (ii) Type of each element (i.e., guyed or self-supporting, uniform 
cross section or tapered (specifying base dimensions), grounded or 
insulated, etc.)
    (iii) Details of top loading, or sectionalizing, if any.
    (iv) Height of radiating portion of each element in feet (height 
above base insulator, or base, if grounded).
    (v) Overall height of each element above ground.
    (vi) Sketch of antenna site, indicating its dimensions, the location 
of the antenna elements, thereon, their spacing from each other, and 
their orientation with respect to each other and to true north, the 
number and length of the radials in the ground system about each 
element, the dimensions of ground screens, if any, and bonding between 
towers and between radial systems.
    (5) Electrical description of the array, showing:
    (i) Relative amplitudes of the fields of the array elements.
    (ii) Relative time phasing of the fields of the array elements in 
degrees leading [ + ] or lagging [-].
    (iii) Space phasing between elements in degrees.
    (iv) Where waiver of the content of this section is requested or 
upon request of the Commission staff, all assumptions made and the basis 
therefor, particularly with respect to the electrical height of the 
elements, current distribution along elements, efficiency of each 
element, and ground conductivity.
    (v) Where waiver of the content of this section is requested, or 
upon request of the Commission staff, those formulas used for computing 
E([phis],[thetas])th and E([phis],[thetas])std. 
Complete tabulation of final computed data used in plotting patterns, 
including data for the determination of the RMS value of the pattern, 
and the RSS field of the array.
    (6) The values used in specifying the parameters which describe the 
array must be specified to no greater precision than can be achieved 
with available monitoring equipment. Use of greater precision raises a 
rebuttable presumption of instability of the array. Following are 
acceptable values of precision; greater precision may be used only upon 
showing that the monitoring equipment to be installed gives accurate 
readings with the specified precision.
    (i) Field Ratio: 3 significant figures.
    (ii) Phasing: to the nearest 0.1 degree.
    (iii) Orientation (with respect to a common point in the array, or 
with respect to another tower): to the nearest 0.1 degree.
    (iv) Spacing (with respect to a common point in the array, or with 
respect to another tower): to the nearest 0.1 degree.
    (v) Electrical Height (for all parameters listed in Section 73.160): 
to the nearest 0.1 degree.
    (vi) Theoretical RMS (to determine pattern size): 4 significant 
figures.
    (vii) Additional requirements relating to modified standard patterns 
appear in Sec. 73.152(c)(3) and (c)(4).
    (7) Any additional information required by the application form.
    (c) Sample calculations for the theoretical and standard radiation 
follow. Assume a five kilowatt (nominal power) station with a 
theoretical RMS of 685 mV/m at one kilometer. Assume that it is an in-
line array consisting of three towers. Assume the following parameters 
for the towers:

------------------------------------------------------------------------
                                 Field   Relative  Relative    Relative
             Tower               ratio    phasing   spacing  orientation
------------------------------------------------------------------------
1.............................     1.0     -128.5       0.0        0.0
2.............................     1.89       0.0     110.0      285.0
3.............................     1.0      128.5     220.0      285.0
------------------------------------------------------------------------

    Assume that tower 1 is a typical tower with an electrical height of 
120 degrees. Assume that tower 2 is top-loaded in accordance with the 
method described in Sec. 73.160(b)(2) where A is 120 electrical degrees 
and B is 20 electrical degrees. Assume that tower 3 is sectionalized in 
accordance with the method described in Sec. 73.160(b)(3) where A is 
120 electrical degrees, B is 20 electrical degrees, C is 220 electrical 
degrees, and D is 15 electrical degrees.
    The multiplying constant will be 323.6.
    Following is a tabulation of part of the theoretical pattern:

[[Page 38]]



------------------------------------------------------------------------
                                                                Vertical
           Azimuth                0          30         60       angle
------------------------------------------------------------------------
0...........................      15.98      62.49      68.20
105.........................    1225.30     819.79     234.54
235.........................       0.43      18.46      34.56
247.........................      82.62      51.52      26.38
------------------------------------------------------------------------

    If we further assume that the station has a standard pattern, we 
find that Q, for [thetas] = 0, is 22.36.
    Following is a tabulation of part of the standard pattern:

------------------------------------------------------------------------
                                                                Vertical
           Azimuth                0          30         60       angle
------------------------------------------------------------------------
0...........................      28.86      68.05      72.06
105.........................    1286.78     860.97     246.41
235.........................      23.48      26.50      37.18
247.........................      89.87      57.03      28.87
------------------------------------------------------------------------

    The RMS of the standard pattern in the horizontal plane is 719.63 
mV/m at one kilometer.

[36 FR 919, Jan. 20, 1971, as amended at 37 FR 529, Jan. 13, 1972; 41 FR 
24134, June 15, 1976; 46 FR 11991, Feb. 12, 1981; 48 FR 24384, June 1, 
1983; 51 FR 2707, Jan. 21, 1986; 52 FR 36877, Oct. 1, 1987; 56 FR 64861, 
Dec. 12, 1991; 57 FR 43290, Sept. 18, 1992]



Sec. 73.151  Field strength measurements to establish performance of directional antennas.

    The performance of a directional antenna may be verified either by 
field strength measurement or by computer modeling and sampling system 
verification.
    (a) In addition to the information required by the license 
application form, the following showing must be submitted to establish, 
for each mode of directional operation, that the effective measured 
field strength (RMS) at 1 kilometer (km) is not less than 85 percent of 
the effective measured field strength (RMS) specified for the standard 
radiation pattern, or less than that specified in Sec. 73.189(b) for 
the class of station involved, whichever is the higher value, and that 
the measured field strength at 1 km in any direction does not exceed the 
field shown in that direction on the standard radiation pattern for that 
mode of directional operation:
    (1) A tabulation of inverse field strengths in the horizontal plane 
at 1 km, as determined from field strength measurements taken and 
analyzed in accordance with Sec. 73.186, and a statement of the 
effective measured field strength (RMS). Measurements shall be made in 
the following directions:
    (i) Those specified in the instrument of authorization.
    (ii) In major lobes. Generally, one radial is sufficient to 
establish a major lobe; however, additional radials may be required.
    (iii) Along additional radials to establish the shape of the 
pattern. In the case of a relatively simple directional antenna pattern, 
a total of six radials is sufficient. If two radials would be more than 
90[deg] apart, then an additional radial must be specified within that 
arc. When more complicated patterns are involved, that is, patterns 
having several or sharp lobes or nulls, measurements shall be taken 
along as many as 12 radials to definitely establish the pattern(s). 
Pattern symmetry may be assumed for complex patterns which might 
otherwise require measurements on more than 12 radials.
    (2) A tabulation of:
    (i) The phase difference of the current in each element with respect 
to the reference element, and whether the current leads (+) or lags (-) 
the current in the reference element, as indicated by the station's 
antenna monitor.
    (ii) The ratio of the amplitude of the radio frequency current in 
each element to the current in the reference element, as indicated on 
the station's antenna monitor.
    (3) A monitoring point shall be established on each radial for which 
the construction permit specifies a limit. The following information 
shall be supplied for each monitoring point:
    (i) Measured field strength.
    (ii) An accurate and detailed description of each monitoring point. 
The description may include, but shall not be limited to, geographic 
coordinates determined with a Global Positioning System receiver.
    (iii) Clear photographs taken with the field strength meter in its 
measuring position and with the camera so located that its field of view 
takes in as many pertinent landmarks as possible.
    (b) For stations authorized to operate with simple directional 
antenna systems (e.g., two towers) in the 1605-1705

[[Page 39]]

kHz band, the measurements to support pattern RMS compliance referred to 
in paragraphs (a)(1)(ii) and (a)(1)(iii) of this section are not 
required. In such cases, measured radials are required only in the 
direction of short-spaced allotments, or in directions specifically 
identified by the Commission.
    (c) Computer modeling and sample system verification of modeled 
parameters to establish operation of a directional antenna consistent 
with the theoretical pattern. Each element of the directional array 
shall be modeled by use of a method of moments computer program, using 
the physical characteristics of each element to establish a model that 
does not violate any of the internal constraints of the computer 
program. Only arrays consisting of series-fed elements may have their 
performance verified by computer modeling and sample system 
verification.
    (1) A matrix of impedance measurements at the base and/or feed point 
of each element in the array, with all other elements shorted and/or 
open circuited at their respective measurement locations, shall be made. 
The physical model of the individual antenna elements used in the 
computer program may be varied to match the measured impedance matrix, 
but the actual spacings and orientations of the array elements must be 
used. Towers may be modeled using individual vertical wires to represent 
them, or with multiple wires representing their leg and cross-member 
sections. The resulting model description (consisting of the length, 
radius, and number of segments of each wire for arrays using vertical 
wire sections to represent the towers, or the length, end-point 
coordinates, and radius of each wire used to represent leg and cross-
member sections for arrays using detailed tower structure 
representations) as well as the assumed input feed and base region stray 
reactances shall be used to generate the drive impedances and sample 
system parameter values for the operating directional antenna pattern 
parameters.
    (i) For arrays using vertical wires to represent each tower, the 
radii of cylinders shall be no less than 80 percent and no more than 150 
percent of the radius of a circle with a circumference equal to the sum 
of the widths of the tower sides.
    (ii) For arrays using multiple wires to represent leg and cross-
member sections, the individual legs of the tower may be modeled at 
their actual diameters with appropriate interconnecting segments 
representing cross-members at regular intervals.
    (iii) No less than one segment for each 10 electrical degrees of the 
tower's physical height shall be used for each element in the array.
    (iv) Base calculations shall be made for a reference point at ground 
level or within one electrical degree elevation of the actual feed 
point.
    (v) For uniform cross-section towers represented by vertical wires, 
each wire used for a given tower shall be between 75 to 125 percent of 
the physical length represented.
    (vi) For self-supporting towers, stepped-radius wire sections may be 
employed to simulate the physical tower's taper, or the tower may be 
modeled with individual wire sections representing the legs and cross 
members.
    (vii) The lumped series inductance of the feed system between the 
output port of each antenna tuning unit and the associated tower shall 
be no greater than 10 [micro]H unless a measured value from the 
measurement point to the tower base with its insulator short circuited 
is used.
    (viii) The shunt capacitance used to model the base region effects 
shall be no greater than 250 pF unless the measured or manufacturer's 
stated capacitance for each device other than the base insulator is 
used. The total capacitance of such devices shall be limited such that 
in no case will their total capacitive reactance be less than five times 
the magnitude of the tower base operating impedance without their 
effects being considered. This ``five times'' requirement only applies 
when the total capacitance used to model base region effects exceeds 250 
pF and when base current sampling is used.
    (ix) The orientation and distances among the individual antenna 
towers in the array shall be confirmed by a post-construction 
certification by a land surveyor (or, where permitted by

[[Page 40]]

local regulation, by an engineer) licensed or registered in the state or 
territory where the antenna system is located. Stations submitting a 
moment method proof for a pattern using towers that are part of an 
authorized AM array are exempt from the requirement to submit a 
surveyor's certification, provided that the tower geometry of the array 
is not being modified and that no new towers are being added to the 
array.
    (x) An AM station that verified the performance of its directional 
antenna system using computer modeling and sampling system verification 
under this rule section, that makes modifications to tower or system 
components above the base insulator, shall follow the procedures set 
forth in section 1.30003(b)(2) of this chapter.
    (2)(i) The computer model, once verified by comparison with the 
measured base impedance matrix data, shall be used to determine the 
appropriate antenna monitor parameters. The moment method modeled 
parameters shall be established by using the verified moment method 
model to produce tower current distributions that, when numerically 
integrated and normalized to the reference tower, are identical to the 
specified field parameters of the theoretical directional antenna 
pattern. The samples used to drive the antenna monitor may be current 
transformers or voltage sampling devices at the outputs of the antenna 
matching networks or sampling loops located on the towers. If sample 
loops are used, they shall be located at the elevation where the current 
in the tower would be at a minimum if the tower were detuned in the 
horizontal plane, as determined by the moment method model parameters 
used to determine the antenna monitor parameters. Sample loops may be 
employed only when the towers are identical in cross-sectional 
structure, including both leg and cross member characteristics; if the 
towers are of unequal height, the sample loops shall be mounted 
identically with respect to tower cross members at the appropriate 
elevations above the base insulator. If the tower height used in the 
model is other than the physical height of the tower, the sampling loop 
shall be located at a height that is the same fraction of the total 
tower height as the minimum in tower current with the tower detuned in 
the model. Sample lines from the sensing element to the antenna monitor 
must be equal in both length (within one electrical degree) and 
characteristic impedance (within two ohms), as established by impedance 
measurements, including at the open-circuit resonant frequency closest 
to carrier frequency to establish length, at frequencies corresponding 
to odd multiples of \1/8\ wavelength immediately above and below the 
open circuit resonant frequency closest to carrier frequency, while open 
circuited, to establish characteristic impedance, and at carrier 
frequency or, if necessary, at nearby frequencies where the magnitude of 
the measured impedance is no greater than 200 ohms with the sampling 
devices connected. Samples may be obtained from current transformers at 
the output of the antenna coupling and matching equipment for base-fed 
towers whose actual electrical height is 120 degrees or less, or greater 
than 190 electrical degrees. Samples may be obtained from base voltage 
sampling devices at the output of the antenna coupling and matching 
equipment for base-fed towers whose actual electrical height is greater 
than 105 degrees. Samples obtained from sample loops located as 
described above can be used for any height of tower. For towers using 
base current or base voltage sampling derived at the output of the 
antenna coupling and matching equipment, the sampling devices shall be 
disconnected and calibrated by measuring their outputs with a common 
reference signal (a current through them or a voltage across them, as 
appropriate) and the calibration must agree within the manufacturer's 
specifications. A complete description of the sampling system, including 
the results of the measurements described in this paragraph, shall be 
submitted with the application for license.
    (ii) Proper adjustment of an antenna pattern shall be determined by 
correlation between the measured antenna monitor sample indications and 
the parameters calculated by the method of moments program, and by 
correlation between the measured matrix impedances for each tower and 
those

[[Page 41]]

calculated by the method of moments program. The antenna monitor sample 
indications must be initially adjusted to agree with the moment method 
model within 5 percent for the field ratio and 
3 degrees in phase. The measured matrix impedances 
must agree with the moment method model within 2 
ohms and 4 percent for resistance and reactance.
    (3) When the application for an initial license for a directional 
antenna system is submitted that is based on computer modeling and 
sample system verification, reference field strength measurement 
locations shall be established in the directions of pattern minima and 
maxima. On each radial corresponding to a pattern minimum or maximum, 
there shall be at least three measurement locations. The field strength 
shall be measured at each reference location at the time of the proof of 
performance. The license application shall include the measured field 
strength values at each reference point, along with a description of 
each measurement location, including GPS coordinates and datum 
reference. New reference field strength measurements are not required 
for subsequent license applications for the same directional antenna 
pattern and physical facilities.

[36 FR 919, Jan. 20, 1971, as amended at 42 FR 36828, July 18, 1977; 49 
FR 23348, June 6, 1984; 50 FR 32416, Aug. 12, 1985; 56 FR 64862, Dec. 
12, 1991; 63 FR 33876, June 22, 1998; 66 FR 20756, Apr. 25, 2001; 73 FR 
64561, Oct. 30, 2008; 82 FR 51165, Nov. 3, 2017]



Sec. 73.152  Modification of directional antenna data.

    (a) If, after construction and final adjustment of a directional 
antenna, a measured inverse distance field in any direction exceeds the 
field shown on the standard radiation pattern for the pertinent mode of 
directional operation, an application shall be filed, specifying a 
modified standard radiation pattern and/or such changes as may be 
required in operating parameters so that all measured effective fields 
will be contained within the modified standard radiation pattern. 
Permittees may also file an application specifying a modified standard 
radiation pattern, even when measured radiation has not exceeded the 
standard pattern, in order to allow additional tolerance for monitoring 
point limits.
    (b) If, following a partial proof of performance, a licensee 
discovers that radiation exceeds the standard pattern on one or more 
radials because of circumstances beyond the licensee's control, a 
modified standard pattern may be requested. The licensee shall submit, 
concurrently, Forms 301-AM and 302-AM. Form 301-AM shall include an 
exhibit demonstrating that no interference would result from the 
augmentation. Form 302-AM shall include the results of the partial 
proof, along with full directional and nondirectional measurements on 
the radial(s) to be augmented, including close-in points and a 
determination of the inverse distance field in accordance with Sec. 
73.186.
    (c) Normally, a modified standard pattern is not acceptable at the 
initial construction permit stage, before a proof-of-performance has 
been completed. However, in certain cases, where it can be shown that 
modification is necessary, a modified standard pattern will be 
acceptable at the initial construction permit stage. Following is a non-
inclusive list of items to be considered in determining whether a 
modification is acceptable at the initial construction permit stage:
    (1) When the proposed pattern is essentially the same as an existing 
pattern at the same antenna site. (e.g., A DA-D station proposing to 
become a DA-1 station.)
    (2) Excessive reradiating structures, which should be shown on a 
plat of the antenna site and surrounding area.
    (3) Other environmental factors; they should be fully described.
    (4) Judgment and experience of the engineer preparing the 
engineering portion of the application. This must be supported with a 
full discussion of the pertinent factors.
    (d) The following general principles shall govern the situations in 
paragraphs (a), (b), and (c) in this section:
    (1) Where a measured field in any direction will exceed the 
authorized standard pattern, the license application may specify the 
level at which the input power to the antenna shall be limited to 
maintain the measured field at a value not in excess of that shown

[[Page 42]]

on the standard pattern, and shall specify the common point current 
corresponding to this power level. This value of common point current 
will be specified on the license for that station.
    (2) Where any excessive field does not result in objectionable 
interference to another station, a modification of construction permit 
application may be submitted with a modified standard pattern 
encompassing all augmented fields. The modified standard pattern shall 
supersede the previously submitted standard radiation pattern for that 
station in the pertinent mode of directional operation. Following are 
the possible methods of creating a modified standard pattern:
    (i) The modified pattern may be computed by making the entire 
pattern larger than the original pattern (i.e., have a higher RMS value) 
if the measured fields systematically exceed the confines of the 
original pattern. The larger pattern shall be computed by using a larger 
multiplying constant, k, in the theoretical pattern equation (Eq. 1) in 
Sec. 73.150(b)(1).
    (ii) Where the measured field exceeds the pattern in discrete 
directions, but objectionable interference does not result, the pattern 
may be expanded over sectors including these directions. When this 
``augmentation'' is desired, it shall be achieved by application of the 
following equation:

E([phis],[thetas])aug = [radic] { E([phis],[thetas])std {time} \2\ + 
A{g([thetas]) cos (180 DA/S {time} \2\

where:

E([phis],[thetas])std is the standard pattern field at some particular 
          azimuth and elevation angle, before augmentation, computed 
          pursuant to Eq. 2, Sec. 73.150(b)(1)(i).
E([phis],[thetas])aug. is the field in the direction specified above, 
          after augmentation.
A = E([phis], O)\2\aug-E([phis], O)\2\std in which [phis] is the central 
          azimuth of augmentation. E([phis], O)aug and E([phis], O)std 
          are the fields in the horizontal plane at the central azimuth 
          of augmentation.

    Note: ``A'' must be positive, except during the process of 
converting non-standard patterns to standard patterns pursuant to the 
Report and Order in Docket No. 21473, and in making minor changes to 
stations with patterns developed during the conversion. However, even 
when ``A'' is negative, ``A'' cannot be so negative that 
E([phis],[alpha])aug is less than E([phis],[thetas])th at any azimuth or 
vertical elevation angle.

g([thetas]) is defined in Sec. 73.150(b)(1)(i).
S is the angular range, or ``span'', over which augmentation is applied. 
          The span is centered on the central azimuth of augmentation. 
          At the limits of the span, the augmented pattern merges into 
          the unaugmented pattern. Spans may overlap.
DA is the absolute horizontal angle between the azimuth at 
          which the augmented pattern value is being computed and the 
          central azimuth of augmentation. (DA cannot exceed 
          1/2 S.)


In the case where there are spans which overlap, the above formula shall 
be applied repeatedly, once for each augmentation, in ascending order of 
central azimuth of augmentation, beginning with zero degrees 
representing true North. Note that, when spans overlap, there will be, 
in effect, an augmentation of an augmentation. And, if the span of an 
earlier augmentation overlaps the central azimuth of a later 
augmentation, the value of ``A'' for the later augmentation will be 
different than the value of ``A'' without the overlap of the earlier 
span.
    (iii) A combination of paragraphs (d)(2)(i) and (d)(2)(ii), of this 
section, with (d)(2)(i) being applied before (d)(2)(ii) is applied.
    (iv) Where augmentation is allowable under the terms of this 
section, the requested amount of augmentation shall be centered upon the 
measured radial and shall not exceed the following:
    (A) The actual measured inverse distance field value, where the 
radial does not involve a required monitoring point.
    (B) 120% of the actual measured inverse field value, where the 
radial has a monitoring point required by the instrument of 
authorization.

Whereas some pattern smoothing can be accommodated, the extent of the 
requested span(s) shall be minimized and in no case shall a requested 
augmentation span extend to a radial azimuth for which the analyzed 
measurement data does not show a need for augmentation.
    (3) A Modified Standard Pattern shall be specifically labeled as 
such, and shall be plotted in accordance with the requirements of 
paragraph (b)(2) of Sec. 73.150. The effective (RMS) field

[[Page 43]]

strength in the horizontal plane of E([phis],[alpha])std, 
E([phis],[alpha])th, and the root sum square (RSS) value of the inverse 
fields of the array elements (derived from the equation for 
E([phis],[alpha])th), shall be tabulated on the page on which the 
horizontal plane pattern is plotted. Where sector augmentation has been 
employed in designing the modified pattern, the direction of maximum 
augmentation (i.e., the central azimuth of augmentation) shall be 
indicated on the horizontal plane pattern for each augmented sector, and 
the limits of each sector shall also be shown. Field values within an 
augmented sector, computed prior to augmentation, shall be depicted by a 
broken line.
    (4) There shall be submitted, for each modified standard pattern, 
complete tabulations of final computed data used in plotting the 
pattern. In addition, for each augmented sector, the central azimuth of 
augmentation, span, and radiation at the central azimuth of augmentation 
(E([phis],[alpha])aug) shall be tabulated.
    (5) The parameters used in computing the modified standard pattern 
shall be specified with realistic precision. Following is a list of the 
maximum acceptable precision:
    (i) Central Azimuth of Augmentation: to the nearest 0.1 degree.
    (ii) Span: to the nearest 0.1 degree.
    (iii) Radiation at Central Azimuth of Augmentation: 4 significant 
figures.
    (e) Sample calculations for a modified standard pattern follow. 
First, assume the existing standard pattern in Sec. 73.150(c). Then, 
assume the following augmentation parameters:

------------------------------------------------------------------------
                                                               Radiation
                                             Central               at
            Augmentation number              azimuth    Span    central
                                                                azimuth
------------------------------------------------------------------------
1..........................................      110       40      1,300
2..........................................      240       50         52
3..........................................      250       10        130
------------------------------------------------------------------------

    Following is a tabulation of part of the modified standard pattern:

------------------------------------------------------------------------
                                                                Vertical
           Azimuth                0          30         60       angle
------------------------------------------------------------------------
0...........................      28.86      68.05      72.06  .........
105.........................   1,299.42     872.14     254.21  .........
235.........................      39.00      35.74      38.71  .........
247.........................     100.47      66.69      32.78  .........
------------------------------------------------------------------------


[46 FR 11992, Feb. 12, 1981, as amended at 56 FR 64862, Dec. 12, 1991; 
66 FR 20756, Apr. 25, 2001]



Sec. 73.153  Field strength measurements in support of applications or evidence at hearings.

    In the determination of interference, groundwave field strength 
measurements will take precedence over theoretical values, provided such 
measurements are properly taken and presented. When measurements of 
groundwave signal strength are presented, they shall be sufficiently 
complete in accordance with Sec. 73.186 to determine the field strength 
at 1 mile in the pertinent directions for that station. The antenna 
resistance measurements required by Sec. 73.186 need not be taken or 
submitted.

[44 FR 36037, June 20, 1979, as amended at 56 FR 64862, Dec. 12, 1991]



Sec. 73.154  AM directional antenna partial proof of performance measurements.

    (a) A partial proof of performance consists of at least 8 field 
strength measurements made on each of the radials that includes a 
monitoring point.
    (b) The measurements are to be made within 3 to 15 kilometers from 
the center of the antenna array. When a monitoring point as designated 
on the station authorization lies on a particular radial, one of the 
measurements must be made at that point. One of the following methods 
shall be used for the partial proof:
    (1) Measurement points shall be selected from the points measured in 
latest full proof of performance provided that the points can be 
identified with reasonable certainty, and that land development or other 
factors have not significantly altered propagation characteristics since 
the last full proof. At each point, the licensee shall measure 
directional field strength for comparison to either the directional or 
the nondirectional field strength measured at that point in the last 
full proof.
    (2) In the event that a meaningful comparison to full proof 
measurements cannot be made, the licensee shall measure both directional 
and nondirectional field strength at eight points on

[[Page 44]]

each radial. The points need not be limited to those measured in the 
last full proof of performance.
    (c) The results of the measurements are to be analyzed as follows. 
Either the arithmetic average or the logarithmic average of the ratios 
of the field strength at each measurement point to the corresponding 
field strength in the most recent complete proof of performance shall be 
used to establish the inverse distance fields. (The logarithmic average 
for each radial is the antilogarithm of the mean of the logarithms of 
the ratios of field strength (new to old) for each measurement location 
along a given radial). When new nondirectional measurements are used as 
the reference, as described in paragraph (b)(2) of this section, either 
the arithmetic or logarithmic averages of directional to nondirectional 
field strength on each radial shall be used in conjunction with the 
measured nondirectional field from the last proof to establish the 
inverse distance field.
    (d) The result of the most recent partial proof of performance 
measurements and analysis is to be retained in the station records 
available to the FCC upon request. Maps showing new measurement points, 
i.e., points not measured in the last full proof, shall be associated 
with the partial proof in the station's records, and shall be provided 
to the FCC upon request.

[66 FR 20756, Apr. 25, 2001, as amended at 82 FR 51165, Nov. 3, 2017]



Sec. 73.155  Directional antenna performance recertification.

    A station licensed with a directional antenna pattern pursuant to a 
proof of performance using moment method modeling and internal array 
parameters as described in Sec. 73.151(c) shall recertify the 
performance of the antenna monitor sampling system only in the case of 
repair to or replacement of affected system components, and then only as 
to the repaired or replaced system components. Any recertification of 
repaired or replaced system components shall be performed in the same 
manner as an original certification of the affected system components 
under Sec. 73.151(c)(2)(i) of this part. The results of the 
recertification measurements shall be retained in the station's public 
inspection file.

[82 FR 51162, Nov. 3, 2017]



Sec. 73.157  Antenna testing during daytime.

    (a) The licensee of a station using a directional antenna during 
daytime or nighttime hours may, without further authority, operate 
during daytime hours with the licensed nighttime directional facilities 
or with a nondirectional antenna when conducting monitoring point field 
strength measurements or antenna proof of performance measurements.
    (b) Operation pursuant to this section is subject to the following 
conditions:
    (1) No harmful interference will be caused to any other station.
    (2) The FCC may notify the licensee to modify or cease such 
operation to resolve interference complaints or when such action may 
appear to be in the public interest, convenience and necessity.
    (3) Such operation shall be undertaken only for the purpose of 
taking monitoring point field strength measurements or antenna proof of 
performance measurements, and shall be restricted to the minimum time 
required to accomplish the measurements.
    (4) Operating power in the nondirectional mode shall be adjusted to 
the same power as was utilized for the most recent nondirectional proof 
of performance covering the licensed facilities.

[50 FR 30947, July 31, 1985]



Sec. 73.158  Directional antenna monitoring points.

    (a) When a licensee of a station using a directional antenna system 
finds that a field monitoring point, as specified on the station 
authorization, is no longer accessible or is unsuitable because of 
nearby construction or other disturbances to the measured field, an 
application to change the monitoring point location, including FCC Form 
302-AM, is to be promptly submitted to the FCC in Washington, DC.
    (1) If the monitoring point has become inaccessible or otherwise 
unsuitable, but there has been no significant

[[Page 45]]

construction or other change in the vicinity of the monitoring point 
which may affect field strength readings, the licensee shall select a 
new monitoring point from the points measured in the last full proof of 
performance. A recent field strength measurement at the new monitoring 
point shall also be provided.
    (2) Alternatively, if changes in the electromagnetic environment 
have affected field strength readings at the monitoring point, the 
licensee shall submit the results of a partial proof of performance, 
analyzed in accordance with Sec. 73.154, on the affected radial.
    (3) The licensee shall submit an accurate, written description of 
the new monitoring point in relation to nearby permanent landmarks.
    (4) The licensee shall submit a photograph showing the new 
monitoring point in relation to nearby permanent landmarks that can be 
used in locating the point accurately at all times throughout the year. 
Do not use seasonal or temporary features in either the written 
descriptions or photographs as landmarks for locating field points.
    (b) When the description of the monitoring point as shown on the 
station license is no longer correct due to road or building 
construction or other changes, the licensee must prepare and file with 
the FCC, in Washington, DC, a request for a corrected station license 
showing the new monitoring point description. The request shall include 
the information specified in paragraphs (a)(3) and (4) of this section, 
and a copy of the station's current license.

[66 FR 20757, Apr. 25, 2001, as amended at 84 FR 2758, Feb. 8, 2019]



Sec. 73.160  Vertical plane radiation characteristics, f([thetas]).

    (a) The vertical plane radiation characteristics show the relative 
field being radiated at a given vertical angle, with respect to the 
horizontal plane. The vertical angle, represented as [thetas], is 0 
degrees in the horizontal plane, and 90 degrees when perpendicular to 
the horizontal plane. The vertical plane radiation characteristic is 
referred to as f([thetas]). The generic formula for f([thetas]) is:

f([thetas]) = E([thetas])/E(O)

where:

E([thetas]) is the radiation from the tower at angle [thetas].
E(O) is the radiation from the tower in the horizontal plane.

    (b) Listed below are formulas for f([thetas]) for several common 
towers.
    (1) For a typical tower, which is not top-loaded or sectionalized, 
the following formula shall be used:
[GRAPHIC] [TIFF OMITTED] TC13NO91.015

where:

G is the electrical height of the tower, not including the base 
          insulator and pier. (In the case of a folded unipole tower, 
          the entire radiating structure's electrical height is used.)

    (2) For a top-loaded tower, the following formula shall be used:
    [GRAPHIC] [TIFF OMITTED] TC13NO91.016
    
where:

A is the physical height of the tower, in electrical degrees, and
B is the difference, in electrical degrees, between the apparent 
          electrical height (G, based on current distribution) and the 
          actual physical height.
G is the apparent electrical height: the sum of A and B; A + B.

    See Figure 1 of this section.

[[Page 46]]

[GRAPHIC] [TIFF OMITTED] TC01MR91.066

    (3) For a sectionalized tower, the following formula shall be used:

[[Page 47]]

[GRAPHIC] [TIFF OMITTED] TC13NO91.017

where:

A is the physical height, in electrical degrees, of the lower section of 
          the tower.
B is the difference between the apparent electrical height (based on 
          current distribution) of the lower section of the tower and 
          the physical height of the lower section of the tower.
C is the physical height of the entire tower, in electrical degrees.
D is the difference between the apparent electrical height of the tower 
          (based on current distribution of the upper section) and the 
          physical height of the entire tower. D will be zero if the 
          sectionalized tower is not top-loaded.
G is the sum of A and B; A + B.
H is the sum of C and D; C + D.
[Delta] is the difference between H and A; H-A.

    See Figure 2 of this section.

[[Page 48]]

[GRAPHIC] [TIFF OMITTED] TC01MR91.067

    (c) One of the above f([thetas]) formulas must be used in computing 
radiation in the vertical plane, unless the applicant submits a special 
formula for a particular type of antenna. If a special formula is 
submitted, it must be accompanied by a complete derivation and

[[Page 49]]

sample calculations. Submission of values for f([thetas]) only in a 
tabular or graphical format (i.e., without a formula) is not acceptable.
    (d) Following are sample calculations. (The number of significant 
figures shown here should not be interpreted as a limitation on the 
number of significant figures used in actual calculations.)
    (1) For a typical tower, as described in paragraph (b)(1) of this 
section, assume that G = 120 electrical degrees:

------------------------------------------------------------------------
                          [thetas]                           f([thetas])
------------------------------------------------------------------------
0..........................................................      1.0000
30.........................................................      0.7698
60.........................................................      0.3458
------------------------------------------------------------------------

    (2) For a top-loaded tower, as described in paragraph (b)(2) of this 
section, assume A = 120 electrical degrees, B = 20 electrical degrees, 
and G = 140 electrical degrees, (120 + 20):

------------------------------------------------------------------------
                          [thetas]                           f([thetas])
------------------------------------------------------------------------
0..........................................................      1.0000
30.........................................................      0.7364
60.........................................................      0.2960
------------------------------------------------------------------------

    (3) For a sectionalized tower, as described in paragraph (b)(3) of 
this section, assume A = 120 electrical degrees, B = 20 electrical 
degrees, C = 220 electrical degrees, D = 15 electrical degrees, G = 140 
electrical degrees (120 + 20), H = 235 electrical degrees (220 + 15), 
and [Delta] = 115 electrical degrees (235-120):

------------------------------------------------------------------------
                          [thetas]                           f([thetas])
------------------------------------------------------------------------
0..........................................................      1.0000
30.........................................................      0.5930
60.........................................................      0.1423
------------------------------------------------------------------------


[46 FR 11993, Feb. 12, 1981]



Sec. 73.182  Engineering standards of allocation.

    (a) Sections 73.21 to 73.37, inclusive, govern allocation of 
facilities in the AM broadcast band 535-1705 kHz. Sec. 73.21 
establishes three classes of channels in this band, namely, clear, 
regional and local. The classes and power of AM broadcast stations which 
will be assigned to the various channels are set forth in Sec. 73.21. 
The classifications of the AM broadcast stations are as follows:
    (1) Class A stations operate on clear channels with powers no less 
than 10kW nor greater than 50 kW. These stations are designed to render 
primary and secondary service over an extended area, with their primary 
services areas protected from objectionable interference from other 
stations on the same and adjacent channels. Their secondary service 
areas are protected from objectionable interference from co-channel 
stations. For purposes of protection, Class A stations may be divided 
into two groups, those located in any of the contiguous 48 States and 
those located in Alaska in accordance with Sec. 73.25.
    (i) The mainland U.S. Class A stations are those assigned to the 
channels allocated by Sec. 73.25. The power of these stations shall be 
50 kW. The Class A stations in this group are afforded protection as 
follows:
    (A) Daytime. To the 0.1 mV/m groundwave contour from stations on the 
same channel, and to the 0.5 mV/m groundwave contour from stations on 
adjacent channels.
    (B) Nighttime. To the 0.5 mV/m-50% skywave contour from stations on 
the same channels.
    (ii) Class A stations in Alaska operate on the channels allocated by 
Sec. 73.25 with a minimum power of 10 kW, a maximum power of 50 kW and 
an antenna efficiency of 215 mV/m/kW at 1 kilometer. Stations operating 
on these channels in Alaska which have not been designated as Class A 
stations in response to licensee request will continue to be considered 
as Class B stations. During daytime hours a Class A station in Alaska is 
protected to the 100 [micro]V/m groundwave contour from co-channel 
stations. During nighttime hours, a Class A station in Alaska is 
protected to the 100 [micro]V/m-50 percent skywave contour from co-
channel stations. The 0.5 mV/m groundwave contour is protected both 
daytime and nighttime from stations on adjacent channels.

    Note: In the Report and Order in MM Docket No. 83-807, the 
Commission designated 15 stations operating on U.S. clear channels as 
Alaskan Class A stations. Eleven of these stations already have Alaskan 
Class A facilities and are to be protected accordingly. Permanent 
designation of the other

[[Page 50]]

four stations as Alaskan Class A is conditioned on their constructing 
minimum Alaskan Class A facilities no later than December 31, 1989. 
Until that date or until such facilities are obtained, these four 
stations shall be temporarily designated as Alaskan Class A stations, 
and calculations involving these stations should be based on existing 
facilities but with an assumed power of 10 kW. Thereafter, these 
stations are to be protected based on their actual Alaskan Class A 
facilities. If any of these stations does not obtain Alaskan Class A 
facilities in the period specified, it is to be protected as a Class B 
station based on its actual facilities. These four stations may increase 
power to 10 kW without regard to the impact on co-channel Class B 
stations. However, power increases by these stations above 10 kW (or by 
existing Alaskan Class A stations beyond their current power level) are 
subject to applicable protection requirements for co-channel Class B 
stations. Other stations not on the original list but which meet 
applicable requirements may obtain Alaskan Class A status by seeking 
such designation from the Commission. If a power increase or other 
change in facilities by a station not on the original list is required 
to obtain minimum Alaskan Class A facilities, any such application shall 
meet the interference protection requirements applicable to an Alaskan 
Class A proposal on the channel.

    (2) Class B stations are stations which operate on clear and 
regional channels with powers not less than 0.25 kW nor more than 50 kW. 
These stations render primary service only, the area of which depends on 
their geographical location, power, and frequency. It is recommended 
that Class B stations be located so that the interference received from 
other stations will not limit the service area to a groundwave contour 
value greater than 2.0 mV/m nighttime and to the 0.5 mV/m groundwave 
contour daytime, which are the values for the mutual protection between 
this class of stations and other stations of the same class.

    Note: See Sec. Sec. 73.21(b)(1) and 73.26(b) concerning power 
restrictions and classifications relative to Class B, Class C, and Class 
D stations in Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands. 
Stations in the above-named places that are reclassified from Class C to 
Class B stations under Sec. 73.26(b) shall not be authorized to 
increase power to levels that would increase the nighttime interference-
free limit of co-channel Class C stations in the conterminous United 
States.

    (3) Class C stations operate on local channels, normally rendering 
primary service to a community and the suburban or rural areas 
immediately contiguous thereto, with powers not less than 0.25 kW, nor 
more than 1 kW, except as provided in Sec. 73.21(c)(1). Such stations 
are normally protected to the daytime 0.5 mV/m contour. On local 
channels the separation required for the daytime protection shall also 
determine the nighttime separation. Where directional antennas are 
employed daytime by Class C stations operating with more than 0.25 kW 
power, the separations required shall in no case be less than those 
necessary to afford protection, assuming nondirectional operation with 
0.25 kW. In no case will 0.25 kW or greater nighttime power be 
authorized to a station unable to operate nondirectionally with a power 
of 0.25 kW during daytime hours. The actual nighttime limitation will be 
calculated. For nighttime protection purposes, Class C stations in the 
48 contiguous United States may assume that stations in Alaska, Hawaii, 
Puerto Rico, and the U.S. Virgin Islands operating on 1230, 1240, 1340, 
1400, 1450, and 1490 kHz are Class C stations.
    (4) Class D stations operate on clear and regional channels with 
daytime powers of not less than 0.25 kW (or equivalent RMS field of 
107.5 mV/m at 1 kilometer if less than 0.25 kW) and not more than 50 kW. 
Class D stations that have previously received nighttime authority to 
operate with powers of less 0.25 kW (or equivalent RMS fields of less 
than 107.5 mV/m at 1 kilometer) are not required to provide nighttime 
coverage in accordance with Sec. 73.24(i) and are not protected from 
interference during nighttime hours. Such nighttime authority is 
permitted on the basis of full nighttime protection being afforded to 
all Class A and Class B stations.
    (b) When a station is already limited by interference from other 
stations to a contour value greater than that normally protected for its 
class, the individual received limits shall be the established standard 
for such station with respect to interference from each other station.
    (c) The four classes of AM broadcast stations have in general three 
types of

[[Page 51]]

service areas, i.e., primary, secondary and intermittent. (See Sec. 
73.14 for the definitions of primary, secondary, and intermittent 
service areas.) Class A stations render service to all three areas. 
Class B stations render service to a primary area but the secondary and 
intermittent service areas may be materially limited or destroyed due to 
interference from other stations, depending on the station assignments 
involved. Class C and Class D stations usually have only primary service 
areas. Interference from other stations may limit intermittent service 
areas and generally prevents any secondary service to those stations 
which operate at night. Complete intermittent service may still be 
obtained in many cases depending on the station assignments involved.
    (d) The groundwave signal strength required to render primary 
service is 2 mV/m for communities with populations of 2,500 or more and 
0.5 mV/m for communities with populations of less than 2,500. See Sec. 
73.184 for curves showing distance to various groundwave field strength 
contours for different frequencies and ground conductivities, and also 
see Sec. 73.183, ``Groundwave signals.''
    (e) A Class C station may be authorized to operate with a 
directional antenna during daytime hours providing the power is at least 
0.25 kW. In computing the degrees of protection which such antenna will 
afford, the radiation produced by the directional antenna system will be 
assumed to be no less, in any direction, than that which would result 
from non-directional operation using a single element of the directional 
array, with 0.25 kW.
    (f) All classes of broadcast stations have primary service areas 
subject to limitation by fading and noise, and interference from other 
stations to the contours set out for each class of station.
    (g) Secondary service is provided during nighttime hours in areas 
where the skywave field strength, 50% or more of the time, is 0.5 mV/m 
or greater (0.1 mV/m in Alaska). Satisfactory secondary service to 
cities is not considered possible unless the field strength of the 
skywave signal approaches or exceeds the value of the groundwave field 
strength that is required for primary service. Secondary service is 
subject to some interference and extensive fading whereas the primary 
service area of a station is subject to no objectionable interference or 
fading. Only Class A stations are assigned on the basis of rendering 
secondary service.

    Note: Standards have not been established for objectionable fading 
because of the relationship to receiver characteristics. Selective 
fading causes audio distortion and signal strength reduction below the 
noise level, objectionable characteristics inherent in many modern 
receivers. The AVC circuits in the better designed receivers generally 
maintain the audio output at a sufficiently constant level to permit 
satisfactory reception during most fading conditions.

    (h) Intermittent service is rendered by the groundwave and begins at 
the outer boundary of the primary service area and extends to a distance 
where the signal strength decreases to a value that is too low to 
provide any service. This may be as low as a few [micro]V/m in certain 
areas and as high as several millivolts per meter in other areas of high 
noise level, interference from other stations, or objectionable fading 
at night. The intermittent service area may vary widely from day to 
night and generally varies over shorter intervals of time. Only Class A 
stations are protected from interference from other stations to the 
intermittent service area.
    (i) Broadcast stations are licensed to operate unlimited time, 
limited time, daytime, share time, and specified hours. (See Sec. Sec. 
73.1710, 73.1725, 73.1720, 73.1715, and 73.1730.) Applications for new 
stations shall specify unlimited time operation only.
    (j) Section 73.24 sets out the general requirements for modifying 
the facilities of a licensed station and for establishing a new station. 
Sections 73.24(b) and 73.37 include interference related provisions that 
be considered in connection with an application to modify the facilities 
of an existing station or to establish a new station. Section 73.30 
describes the procedural steps required to receive an authorization to 
operate in the 1605-1705 kHz band.
    (k) Objectionable nighttime interference from a broadcast station 
occurs

[[Page 52]]

when, at a specified field strength contour with respect to the desired 
station, the field strength of an undesired station (co-channel or first 
adjacent channel, after application of proper protection ratio) exceeds 
for 10% or more of the time the values set forth in these standards. The 
value derived from the root-sum-square of all interference contributions 
represents the extent of a station's interference-free coverage.
    (1) With respect to the root-sum-square (RSS) values of interfering 
field strengths referred to in this section, calculation of nighttime 
interference-free service is accomplished by considering the signals on 
the three channels of concern (co- and first adjacencies) in order of 
decreasing magnitude, adding the squares of the values and extracting 
the square root of the sum, excluding those signals which are less than 
50% of the RSS values of the higher signals already included.
    (2) With respect to the root-sum-square values of interfering field 
strengths referred to in this section, calculation of nighttime 
interference for non-coverage purposes is accomplished by considering 
the signals on the three channels of concern (co- and first adjacencies) 
in order of decreasing magnitude, adding the squares of the values and 
extracting the square root of the sum, excluding those signals which are 
less than 25% of the RSS values of the higher signals already included.
    (3) With respect to the root-sum-square values of interfering field 
strengths referred to in this section, calculation is accomplished by 
considering the signals on the three channels of concern (co- and first 
adjacencies) in order of decreasing magnitude, adding the squares of the 
values and extracting the square root of the sum. The 0% exclusion 
method applies only to the determination of an improvement factor value 
for evaluating a station's eligibility for migration to the band 1605-
1705 kHz.
    (4) The RSS value will not be considered to be increased when a new 
interfering signal is added which is less than the appropriate exclusion 
percentage as applied to the RSS value of the interference from existing 
stations, and which at the same time is not greater than the smallest 
signal included in the RSS value of interference from existing stations.
    (5) It is recognized that application of the above ``50% exclusion'' 
method (or any exclusion method using a per cent value greater than 
zero) of calculating the RSS interference may result in some cases in 
anomalies wherein the addition of a new interfering signal or the 
increase in value of an existing interfering signal will cause the 
exclusion of a previously included signal and may cause a decrease in 
the calculated RSS value of interference. In order to provide the 
Commission with more realistic information regarding gains and losses in 
service (as a basis for determination of the relative merits of a 
proposed operation) the following alternate method for calculating the 
proposed RSS values of interference will be employed wherever 
applicable.
    (6) In the cases where it is proposed to add a new interfering 
signal which is not less than 50% (or 25%, depending on which study is 
being performed) of the RSS value of interference from existing stations 
or which is greater that the smallest signal already included to obtain 
this RSS value, the RSS limitation after addition of the new signal 
shall be calculated without excluding any signal previously included. 
Similarly, in cases where it is proposed to increase the value of one of 
the existing interfering signals which has been included in the RSS 
value, the RSS limitation after the increase shall be calculated without 
excluding the interference from any source previously included.
    (7) If the new or increased signal proposed in such cases is 
ultimately authorized, the RSS values of interference to other stations 
affected will thereafter be calculated by the ``50% exclusion'' (or 25% 
exclusion, depending on which study is being performed) method without 
regard to this alternate method of calculation.
    (8) Examples of RSS interference calculations:
    (i) Existing interferences:

Station No. 1--1.00 mV/m.
Station No. 2--0.60 mV/m.
Station No. 3--0.59 mV/m.
Station No. 4--0.58 mV/m.


[[Page 53]]


The RSS value from Nos. 1, 2 and 3 is 1.31 mV/m; therefore interference 
from No. 4 is excluded for it is less than 50% of 1.31 mV/m.

    (ii) Station A receives interferences from:

Station No. 1--1.00 mV/m.
Station No. 2--0.60 mV/m.
Station No. 3--0.59 mV/m.

It is proposed to add a new limitation, 0.68 mV/m. This is more than 50% 
of 1.31 mV/m, the RSS value from Nos. 1, 2 and 3. The RSS value of 
Station No. 1 and of the proposed station would be 1.21 m/Vm which is 
more than twice as large as the limitation from Station No. 2 or No. 3. 
However, under the above provision the new signal and the three existing 
interferences are nevertheless calculated for purposes of comparative 
studies, resulting in an RSS value of 1.47 mV/m. However, if the 
proposed station is ultimately authorized, only No. 1 and the new signal 
are included in all subsequent calculations for the reason that Nos. 2 
and 3 are less than 50% of 1.21 mV/m, the RSS value of the new signal 
and No. 1.

    (iii) Station A receives interferences from:

Station No. 1--1.00 mV/m.
Station No. 2--0.60 mV/m.
Station No. 3--0.59 mV/m.

No. 1 proposes to increase the limitation it imposes on Station A to 
1.21 mV/m. Although the limitations from stations Nos. 2 and 3 are less 
than 50% of the 1.21 mV/m limitation, under the above provision they are 
nevertheless included for comparative studies, and the RSS limitation is 
calculated to be 1.47 mV/m. However, if the increase proposed by Station 
No. 1 is authorized, the RSS value then calculated is 1.21 mV/m because 
Stations Nos. 2 and 3 are excluded in view of the fact that the 
limitations they impose are less than 50% of 1.21 mV/m.

    Note: The principles demonstrated in the previous examples for the 
calculation of the 50% exclusion method also apply to calculations using 
the 25% exclusion method after appropriate adjustment.

    (l) Objectionable nighttime interference from a station shall be 
considered to exist to a station when, at the field strength contour 
specified in paragraph (q) of this section with respect to the class to 
which the station belongs, the field strength of an interfering station 
operating on the same channel or on a first adjacent channel after 
signal adjustment using the proper protection ratio, exceeds for 10% or 
more of the time the value of the permissible interfering signal set 
forth opposite such class in paragraph (q) of this section.
    (m) For the purpose of estimating the coverage and the interfering 
effects of stations in the absence of field strength measurements, use 
shall be made of Figure 8 of Sec. 73.190, which describes the estimated 
effective field (for 1 kW power input) of simple vertical 
omnidirectional antennas of various heights with ground systems having 
at least 120 quarter-wavelength radials. Certain approximations, based 
on the curve or other appropriate theory, may be made when other than 
such antennas and ground systems are employed, but in any event the 
effective field to be employed shall not be less than the following:

------------------------------------------------------------------------
              Class of station                Effective field (at 1 km)
------------------------------------------------------------------------
All Class A (except Alaskan)...............  275 mV/m.
Class A (Alaskan), B and D.................  215 mV/m.
Class C....................................  180 mV/m.
------------------------------------------------------------------------
Note (1): When a directional antenna is employed, the radiated signal of
  a broadcasting station will vary in strength in different directions,
  possibly being greater than the above values in certain directions and
  less in other directions depending upon the design and adjustment of
  the directional antenna system. To determine the interference in any
  direction, the measured or calculated radiated field (unattenuated
  field strength at 1 kilometer from the array) must be used in
  conjunction with the appropriate propagation curves. (See Sec.
  73.185 for further discussion and solution of a typical directional
  antenna case.)
Note (2): For Class B stations in Alaska, Hawaii, Puerto Rico, and the
  U.S. Virgin Islands, 180 mV/m shall be used.

    (n) The existence or absence of objectionable groundwave 
interference from stations on the same or adjacent channels shall be 
determined by actual measurements made in accordance with the method 
described in Sec. 73.186, or in the absence of such measurements, by 
reference to the propagation curves of Sec. 73.184. The existence or 
absence of objectionable interference due to skywave propagation shall 
be determined by reference to Formula 2 in Sec. 73.190.
    (o) Computation of skywave field strength values:--(1) Fifty percent 
skywave field strength values (clear channel). In computing the fifty 
percent skywave field strength values of a Class A clear channel 
station, use shall be made of Formula 1 of Sec. 73.190, entitled 
``Skywave Field Strength'' for 50 percent of the time.
    (2) Ten percent skywave field strength values. In computing the 10% 
skywave field strength for stations on a single

[[Page 54]]

signal or an RSS basis, Formula 2 in Sec. 73.190 shall be used.
    (3) Determination of angles of departure. In calculating skywave 
field strength for stations on all channels, the pertinent vertical 
angle shall be determined by use of the formula in Sec. 73.190(d).
    (p) The distance to any specified groundwave field strength contour 
for any frequency may be determined from the appropriate curves in Sec. 
73.184 entitled ``Ground Wave Field Strength vs. Distance.''
    (q) Normally protected service contours and permissible interference 
signals for broadcast stations are as follows (for Class A stations, see 
also paragraph (a) of this section):

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Signal strength contour of area protected     Permissible interfering signal ([micro]V/m)
                                                                from objectionable interference [remove    ---------------------------------------------
          Class of station            Class of channel used         footnote reference] ([micro]V/m)
                                                            -----------------------------------------------        Day \1\               Night \2\
                                                                     Day \1\                 Night
--------------------------------------------------------------------------------------------------------------------------------------------------------
A..................................  Clear.................  SC 100................  SC 500 50% SW........  SC 5.................  SC 25.
                                                             AC 500................  AC 500 GW............  AC 250...............  AC 250.
A (Alaskan)........................  ......do..............  SC 100................  SC 100 50% SW........  SC 5.................  SC 5.
                                     ......................  AC 500................  AC 500 GW............  AC 250...............  AC 250.
B..................................  Clear.................  500...................  2000 \1\.............  25...................  25.
                                     Regional..............  ......................  .....................  AC 250...............  250.
C..................................  Local.................  500...................  No presc.\3\.........  SC 25................  Not presc.
D..................................  Clear.................  500...................  Not presc............  SC 25................  Not presc.
                                     Regional..............  ......................  .....................  AC 250...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Groundwave.
\2\ Skywave field strength for 10 percent or more of the time.
\3\ During nighttime hours, Class C stations in the contiguous 48 States may treat all Class B stations assigned to 1230, 1240, 1340, 1400, 1450, and
  1490 kHz in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands as if they were Class C stations.

    Note: SC = Same channel; AC = Adjacent channel; SW = Skywave; GW = 
Groundwave
    (r) The following table of logarithmic expressions is to be used as 
required for determining the minimum permissible ratio of the field 
strength of a desired to an undesired signal. This table shall be used 
in conjunction with the protected contours specified in paragraph (q) of 
this section.

----------------------------------------------------------------------------------------------------------------
                                                    Desired Groundwave to:
  Frequency separation of desired to  --------------------------------------------------  Desired 50% Skywave to
       undesired signals (kHz)           Undesired groundwave    Undesired 10% Skywave    Undesired 10% Skywave
                                                 (dB)                     (dB)                     (dB)
----------------------------------------------------------------------------------------------------------------
0....................................                       26                       26                       26
10...................................                        6                        6               not presc.
----------------------------------------------------------------------------------------------------------------

    (s) Two stations, one with a frequency twice of the other, should 
not be assigned in the same groundwave service area unless special 
precautions are taken to avoid interference from the second harmonic of 
the station operating on the lower frequency. Additionally, in selecting 
a frequency, consideration should be given to the fact that occasionally 
the frequency assignment of two stations in the same area may bear such 
a relation to the intermediate frequency of some broadcast receivers as 
to cause ``image'' interference, However, since this can usually be 
rectified by readjustment of the intermediate frequency of such 
receivers, the Commission, in general, will not take this kind of 
interference into consideration when authorizing stations.
    (t) The groundwave service of two stations operating with 
synchronized carriers and broadcasting identical programs will be 
subject to some distortion in areas where the signals from the two 
stations are of comparable strength. For the purpose of estimating 
coverage of such stations, areas in which the signal ratio is between 
1:2 and 2:1 will not be considered as receiving satisfactory service.

    Note: Two stations are considered to be operated synchronously when 
the carriers

[[Page 55]]

are maintained within 0.2 Hz of each other and they transmit identical 
program s.

[56 FR 64862, Dec. 12, 1991; 57 FR 43290, Sept. 18, 1992, as amended at 
58 FR 27950, May 12, 1993; 81 FR 2759, Jan. 19, 2016]



Sec. 73.183  Groundwave signals.

    (a) Interference that may be caused by a proposed assignment or an 
existing assignment during daytime hours should be determined, when 
possible, by measurements on the frequency involved or on another 
frequency over the same terrain and by means for the curves in Sec. 
73.184 entitled ``Ground Wave Field Strength versus Distance.''

    Note: Groundwave field strength measurements will not be accepted or 
considered for the purpose of establishing that interference to a 
station in a foreign country other than Canada, or that the field 
strength at the border thereof, would be less than indicated by the use 
of the ground conductivity maps and engineering standards contained in 
this part and applicable international agreements. Satisfactory 
groundwave measurements offered for the purpose of demonstrating values 
of conductivity other than those shown by Figure M3 in problems 
involving protection of Canadian stations will be considered only if, 
after review thereof, the appropriate agency of the Canadian government 
notifies the Commission that they are acceptable for such purpose.

    (b)(1) In all cases where measurements taken in accordance with the 
requirements are not available, the groundwave strength must be 
determined by means of the pertinent map of ground conductivity and the 
groundwave curves of field strength versus distance. The conductivity of 
a given terrain may be determined by measurements of any broadcast 
signal traversing the terrain involved. Figure M3 (See Note 1) shows the 
conductivity throughout the United States by general areas of reasonably 
uniform conductivity. When it is clear that only one conductivity value 
is involved, Figure R3 of Sec. 73.190, may be used. It is a replica of 
Figure M3, and is contained in these standards. In all other situations 
Figure M3 must be employed. It is recognized that in areas of limited 
size or over a particular path, the conductivity may vary widely from 
the values given; therefore, these maps are to be used only when 
accurate and acceptable measurements have not been made.
    (2) For determinations of interference and service requiring a 
knowledge of ground conductivities in other countries, the ground 
conductivity maps comprising Appendix 1 to Annex 2 of each of the 
following international agreements may be used:
    (i) For Canada, the U.S.-Canada AM Agreement, 1984;
    (ii) For Mexico, the U.S.-Mexico AM Agreement, 1986; and
    (iii) For other Western Hemisphere countries, the Regional Agreement 
for the Medium Frequency Broadcasting Service in Region 2.
    Where different conductivities appear in the maps of two countries 
on opposite sides of the border, such differences are to be considered 
as real, even if they are not explained by geophysical cleavages.
    (c) Example of determining interference by the graphs in Sec. 
73.184:

    It is desired to determine whether objectionable interference exists 
between a proposed 5 kW Class B station on 990 kHz and an existing 1 kW 
Class B station on first adjacent channel, 1000 kHz. The distance 
between the two stations is 260 kilometers and both stations operate 
nondirectionally with antenna systems that produce a horizontal 
effective field of 282 in mV/m at one kilometer. (See Sec. 73.185 
regarding use of directional antennas.) The ground conductivity at the 
site of each station and along the intervening terrain is 6 mS/m. The 
protection to Class B stations during daytime is to the 500 [micro]V/m 
(0.5 Vm) contour using a 6 dB protection factor. The distance to the 500 
[micro]V/m groundwave contour of the 1 kW station is determined by the 
use of the appropriate curve in Sec. 73.184. Since the curve is plotted 
for 100 mV/m at a 1 kilometer, to find the distance of the 0.5 mV/m 
contour of the 1 kw station, it is necessary to determine the distance 
to the 0.1773 m/Vm contour.

(100 x 0.5 / 282 = 0.1773)

Using the 6 mS/m curve, the estimated radius of the 0.5 mV/m contour is 
62.5 kilometers. Subtracting this distance from the distance between the 
two stations leaves 197.5 kilometers. Using the same propagation curve, 
the signal from the 5 kW station at this distance is seen to be 0.059 
mV/m. Since a protection ratio of 6 dB, desired to undesired signal, 
applies to stations separated by 10 kHz, the undesired signal could have 
had a value of up to 0.25 mV/m without causing objectionable 
interference. For co-channel studies, a desired to undesired signal

[[Page 56]]

ratio of no less than 20:1 (26 dB) is required to avoid causing 
objectionable interference.

    (d) Where a signal traverses a path over which different 
conductivities exist, the distance to a particular groundwave field 
strength contour shall be determined by the use of the equivalent 
distance method. Reasonably accurate results may be expected in 
determining field strengths at a distance from the antenna by 
application of the equivalent distance method when the unattenuated 
field of the antenna, the various ground conductivities and the location 
of discontinuities are known. This method considers a wave to be 
propagated across a given conductivity according to the curve for a 
homogeneous earth of that conductivity. When the wave crosses from a 
region of one conductivity into a region of a second conductivity, the 
equivalent distance of the receiving point from the transmitter changes 
abruptly but the field strength does not. From a point just inside the 
second region the transmitter appears to be at that distance where, on 
the curve for a homogeneous earth of the second conductivity, the field 
strength equals the value that occurred just across the boundary in the 
first region. Thus the equivalent distance from the receiving point to 
the transmitter may be either greater or less than the actual distance. 
An imaginary transmitter is considered to exist at that equivalent 
distance. This technique is not intended to be used as a means of 
evaluating unattenuated field or ground conductivity by the analysis of 
measured data. The method to be employed for such determinations is set 
out in Sec. 73.186.
    (e) Example of the use of the equivalent distance method;

    It is desired to determine the distance to the 0.5 mV/m and 0.025 
mV/m contours of a station on a frequency of 1000 kHz with an inverse 
distance field of 100 mV/m at one kilometer being radiated over a path 
having a conductivity of 10 mS/m for a distance of 20 kilometers, 5 mS/m 
for the next 30 kilometers and 15 mS/m thereafter. Using the appropriate 
curve in Sec. 73.184, Graph 12, at a distance of 20 kilometers on the 
curve for 10 mS/m, the field strength is found to be 2.84 mV/m. On the 
5mS/m curve, the equivalent distance to this field strength is 14.92 
kilometers, which is 5.08 (20-14.92 kilometers nearer to the 
transmitter. Continuing on the propagation curve, the distance to a 
field strength of 0.5 mV/m is found to be 36.11 kilometers.
    The actual length of the path travelled, however, is 41.19 (36.11 + 
5.08) kilometers. Continuing on this propagation curve to the 
conductivity change at 44.92 (50.00-5.08) kilometers, the field strength 
is found to be 0.304 mV/m. On the 15 mS/m propagation curve, the 
equivalent distance to this field strength is 82.94 kilometers, which 
changes the effective path length by 38.02 (82.94-44.92) kilometers. 
Continuing on this propagation curve, the distance to a field strength 
of 0.025 mV/m is seen to be 224.4 kilometers. The actual length of the 
path travelled, however, is 191.46 (224.4 + 5.08-38.02) kilometers.

[28 FR 13574, Dec. 14, 1963, as amended at 44 FR 36037, June 20, 1979; 
48 FR 9011, Mar. 3, 1983; 50 FR 18822, May 2, 1985; 50 FR 24522, June 
11, 1985; 51 FR 9965, Mar. 24, 1986; 54 FR 39736, Sept. 28, 1989; 56 FR 
64866, Dec. 12, 1991; 57 FR 43290, Sept. 18, 1992]



Sec. 73.184  Groundwave field strength graphs.

    (a) Graphs 1 to 20 show, for each of 20 frequencies, the computed 
values of groundwave field strength as a function of groundwave 
conductivity and distance from the source of radiation. The groundwave 
field strength is considered to be that part of the vertical component 
of the electric field which has not been reflected from the ionosphere 
nor from the troposphere. These 20 families of curves are plotted on 
log-log graph paper and each is to be used for the range of frequencies 
shown thereon. Computations are based on a dielectric constant of the 
ground (referred to air as unity) equal to 15 for land and 80 for sea 
water and for the ground conductivities (expressed in mS/m) given on the 
curves. The curves show the variation of the groundwave field strength 
with distance to be expected for transmission from a vertical antenna at 
the surface of a uniformly conducting spherical earth with the 
groundwave constants shown on the curves. The curves are for an antenna 
power of such efficiency and current distribution that the inverse 
distance (unattenuated) field is 100 mV/m at 1 kilometer. The curves are 
valid for distances that are large compared to the dimensions of the 
antenna for other than short vertical antennas.

[[Page 57]]

    (b) The inverse distance field (100 mV/m divided by the distance in 
kilometers) corresponds to the groundwave field intensity to be expected 
from an antenna with the same radiation efficiency when it is located 
over a perfectly conducting earth. To determine the value of the 
groundwave field intensity corresponding to a value of inverse distance 
field other than 100 mV/m at 1 kilometer, multiply the field strength as 
given on these graphs by the desired value of inverse distance field at 
1 kilometer divided by 100; for example, to determine the groundwave 
field strength for a station with an inverse distance field of 2700 mV/m 
at 1 kilometer, simply multiply the values given on the charts by 27. 
The value of the inverse distance field to be used for a particular 
antenna depends upon the power input to the antenna, the nature of the 
ground in the neighborhood of the antenna, and the geometry of the 
antenna. For methods of calculating the interrelations between these 
variables and the inverse distance field, see ``The Propagation of Radio 
Waves Over the Surface of the Earth and in the Upper Atmosphere,'' Part 
II, by Mr. K.A. Norton, Proc. I.R.E., Vol. 25, September 1937, pp. 1203-
1237.

    Note: The computed values of field strength versus distance used to 
plot Graphs 1 to 20 are available in tabular form. For information on 
obtaining copies of these tabulations call or write the Consumer Affairs 
Office, Federal Communications Commission, Washington, DC 20554, (202) 
632-7000.

    (c) Provided the value of the dielectric constant is near 15, the 
ground conductivity curves of Graphs 1 to 20 may be compared with actual 
field strength measurement data to determine the appropriate values of 
the ground conductivity and the inverse distance field strength at 1 
kilometer. This is accomplished by plotting the measured field strengths 
on transparent log-log graph paper similar to that used for Graphs 1 to 
20 and superimposing the plotted graph over the Graph corresponding to 
the frequency of the station measured. The plotted graph is then shifted 
vertically until the plotted measurement data is best aligned with one 
of the conductivity curves on the Graph; the intersection of the inverse 
distance line on the Graph with the 1 kilometer abscissa on the plotted 
graph determines the inverse distance field strength at 1 kilometer. For 
other values of dielectric constant, the following procedure may be used 
to determine the dielectric constant of the ground, the ground 
conductivity and the inverse distance field strength at 1 kilometer. 
Graph 21 gives the relative values of groundwave field strength over a 
plane earth as a function of the numerical distance p and phase angle b. 
On graph paper with coordinates similar to those of Graph 21, plot the 
measured values of field strength as ordinates versus the corresponding 
distances from the antenna in kilometers as abscissae. The data should 
be plotted only for distances greater than one wavelength (or, when this 
is greater, five times the vertical height of the antenna in the case of 
a nondirectional antenna or 10 times the spacing between the elements of 
a directional antenna) and for distances less than 80f1/3 MHz 
kilometers (i.e., 80 kilometers at 1 MHz). Then, using a light box, 
place the plotted graph over Graph 21 and shift the plotted graph 
vertically and horizontally (making sure that the vertical lines on both 
sheets are parallel) until the best fit with the data is obtained with 
one of the curves on Graph 21. When the two sheets are properly lined 
up, the value of the field strength corresponding to the intersection of 
the inverse distance line of Graph 21 with the 1 kilometer abscissa on 
the data sheet is the inverse distance field strength at 1 kilometer, 
and the values of the numerical distance at 1 kilometer, p1, 
and of b are also determined. Knowing the values of b and p1 
(the numerical distance at one kilometer), we may substitute in the 
following approximate values of the ground conductivity and dielectric 
constant.
[GRAPHIC] [TIFF OMITTED] TC13NO91.018


(R/[lambda])1 = Number of wavelengths in 1 kilometer,

                                * * * * *

fMHz = frequency expressed in megahertz,

[[Page 58]]

[GRAPHIC] [TIFF OMITTED] TC13NO91.019


[epsi] = dielectric constant on the ground referred to air as unity.
    First solve for [chi] by substituting the known values of 
p1, (R/[lambda])1, and cos b in equation (1). 
Equation (2) may then be solved for [delta] and equation (3) for [epsi]. 
At distances greater than 80/f1/3 MHz kilometers the curves 
of Graph 21 do not give the correct relative values of field strength 
since the curvature of the earth weakens the field more rapidly than 
these plane earth curves would indicate. Thus, no attempt should be made 
to fit experimental data to these curves at the larger distances.

    Note: For other values of dielectric constant, use can be made of 
the computer program which was employed by the FCC in generating the 
curves in Graphs 1 to 20. For information on obtaining a printout of 
this program, call or write the Consumer Affairs Office, Federal 
Communications Commission, Washington, DC 200554, (202) 632-7000.

    (d) At sufficiently short distances (less than 55 kilometers at AM 
broadcast frequencies), such that the curvature of the earth does not 
introduce an additional attenuation of the waves, the curves of Graph 21 
may be used to determine the groundwave field strength of transmitting 
and receiving antennas at the surface of the earth for any radiated 
power, frequency, or set of ground constants. First, trace the straight 
inverse distance line corresponding to the power radiated on transparent 
log-log graph paper similar to that of Graph 21, labelling the ordinates 
of the chart in terms of field strength, and the abscissae in terms of 
distance. Next, using the formulas given on Graph 21, calculate the 
value of the numerical distance, p, at 1 kilometer, and the value of b. 
Then superimpose the log-log graph paper over Graph 21, shifting it 
vertically until both inverse distance lines coincide and shifting it 
horizontally until the numerical distance at 1 kilometer on Graph 21 
coincides with 1 kilometer on the log-log graph paper. The curve of 
Graph 21 corresponding to the calculated value of b is then traced on 
the log-log graph paper giving the field strength versus distance in 
kilometers.
    (e) This paragraph consists of the following Graphs 1 to 20 and 21.

    Note: The referenced graphs are not published in the CFR, nor will 
they be included in the Commission's automated rules system. For 
information on obtaining copies of the graphs call or write the Consumer 
Affairs Office, Federal Communications Commission, Washington, DC 20554, 
Telephone: (202) 632-7000.

[28 FR 13574, Dec. 14, 1963, as amended at 50 FR 18823, May 2, 1985; 51 
FR 45891, Dec. 23, 1986; 52 FR 36878, Oct. 1, 1987; 56 FR 64866, Dec. 
12, 1991; 57 FR 43290, Sept. 18, 1992]



Sec. 73.185  Computation of interfering signal.

    (a) Measured values of radiation are not to be used in calculating 
overlap, interference, and coverage.
    (1) In the case of an antenna which is intended to be non-
directional in the horizontal plane, an ideal non-directional radiation 
pattern shall be used in determining interference, overlap, and 
coverage, even if the antenna is not actually non-directional.
    (2) In the case of an antenna which is directional in the horizontal 
plane, the radiation which shall be used in determining interference, 
overlap, and coverage is that calculated pursuant to Sec. 73.150 or 
Sec. 73.152, depending on whether the station has a standard or 
modified standard pattern.
    (3) In the case of calculation of interference or overlap to (not 
from) a foreign station, the notified radiation shall be used, even if 
the notified radiation differs from that in paragraphs (a) (1) or (2) of 
this section.
    (b) For skywave signals from stations operating on all channels, 
interference shall be determined from the appropriate formulas and 
Figure 6a contained in Sec. 73.190.
    (c) The formulas in Sec. 73.190(d) depicted in Figure 6a of Sec. 
73.190, entitled ``Angles of Departure versus Transmission Range'' are 
to be used in determining the angles in the vertical pattern of the 
antenna of an interfering station to be considered as pertinent to 
transmission by one reflection. To provide for variation in the 
pertinent vertical angle due to variations of ionosphere height and 
ionosphere scattering, the curves 2 and 3 indicate the upper and lower 
angles within which the radiated field is to be considered. The maximum 
value of field strength occurring between these angles shall be

[[Page 59]]

used to determine the multiplying factor to apply to the 10 percent 
skywave field intensity value determined from Formula 2 in Sec. 73.190. 
The multiplying factor is found by dividing the maximum radiation 
between the pertinent angles by 100 mV/m.
    (d) Example of the use of skywave curves and formulas: Assume a 
proposed new Class B station from which interference may be expected is 
located at a distance of 724 kilometers from a licensed Class B station. 
The proposed station specifies geographic coordinates of 
40[deg]00[min]00[sec] N and 100[deg]00[min]00[sec] W and the station to 
be protected is located at an azimuth of 45[deg] true at geographic 
coordinates of 44[deg]26[min]05[sec] N and 93[deg]32[min]54[sec] W. The 
critical angles of radiation as determined from Figure 6a of Sec. 
73.190 for use with Class B stations are 9.6[deg] and 16.6[deg]. If the 
vertical pattern of the antenna of the proposed station in the direction 
of the existing station is such that, between the angles of 9.6[deg] and 
16.6[deg] above the horizon the maximum radiation is 260 mV/m at one 
kilometer, the value of the 50% field, as derived from Formula 1 of 
Sec. 73.190, is 0.06217 mV/m at the location of the existing station. 
To obtain the value of the 10% field, the 50% value must be adjusted by 
a factor derived from Formula 2 of Sec. 73.190. The value in this case 
is 8.42 dB. Thus, the 10% field is 0.1616 mV/m. Using this in 
conjunction with the co-channel protection ratio of 26 dB, the resultant 
nighttime limit from the proposed station to the licensed station is 
3.232 mV/m.
    (e) In the case of an antenna which is non-directional in the 
horizontal plane, the vertical distribution of the relative fields 
should be computed pursuant to Sec. 73.160. In the case of an antenna 
which is directional in the horizontal plane, the vertical pattern in 
the great circle direction toward the point of reception in question 
must first be calculated. In cases where the radiation in the vertical 
plane, at the pertinent azimuth, contains a large lobe at a higher angle 
than the pertinent angle for one reflection, the method of calculating 
interference will not be restricted to that just described; each such 
case will be considered on the basis of the best knowledge available.
    (f) In performing calculations to determine permissible radiation 
from stations operating presunrise or postsunset in accordance with 
Sec. 73.99, calculated diurnal factors will be multiplied by the values 
of skywave field strength for such stations obtained from Formula 1 or 2 
of Sec. 73.190.
    (1) The diurnal factor is determined using the time of day at the 
mid-point of path between the site of the interfering station and the 
point at which interference is being calculated. Diurnal factors are 
computed using the formula Df = a + bF + cF\2\ + dF\3\ where:

Df represents the diurnal factor,
F is the frequency in MHz,
a,b,c, and d are constants obtained from the tables in paragraph (k)(2)


A diurnal factor greater than one will not be used in calculations and 
interpolation is to be used between calculated values where necessary. 
For reference purposes, curves for presunrise and postsunset diurnal 
factors are contained in Figures 13 and 14 of Sec. 73.190.
    (2) Constants used in calculating diurnal factors for the presunrise 
and postsunset periods are contained in paragraphs (f)(2) (i) and (ii) 
of this section respectively. The columns labeled Tmp 
represent the number of hours before and after sunrise and sunset at the 
path midpoint.

                        (i) Presunrise Constants

------------------------------------------------------------------------
             Tmp                  a          b          c          d
------------------------------------------------------------------------
-2..........................     1.3084      .0083     -.0155      .0144
-1.75.......................     1.3165     -.4919      .6011     -.1884
-1.5........................     1.0079      .0296      .1488     -.0452
-1.25.......................      .7773      .3751     -.1911      .0736
-1..........................      .6230      .1547      .2654     -.1006
-.75........................      .3718      .1178      .3632     -.1172
-.5.........................      .2151      .0737      .4167     -.1413
-.25........................      .2027     -.2560      .7269     -.2577
SR..........................      .1504     -.2325      .5374     -.1729
 + .25......................      .1057     -.2092      .4148     -.1239
 + 5........................      .0642     -.1295      .2583     -.0699
 + .75......................      .0446     -.1002      .1754     -.0405
 + 1........................      .0148      .0135      .0462      .0010
------------------------------------------------------------------------

                        (ii) Postsunset Constants

------------------------------------------------------------------------
             Tmp                  a          b          c          d
------------------------------------------------------------------------
1.75........................      .9495     -.0187      .0720     -.0290
1.5.........................      .7196      .3583     -.2280      .0611
1.25........................      .6756      .1518      .0279     -.0163
1.0.........................      .5486      .1401      .0952     -.0288
.75.........................      .3003      .4050     -.0961      .0256
.5..........................      .1186      .4281     -.0799      .0197
.25.........................      .0382      .3706     -.0673      .0171

[[Page 60]]

 
SS..........................      .0002      .3024     -.0540      .0086
-.25........................      .0278      .0458      .1473     -.0486
-.5.........................      .0203      .0132      .1166     -.0340
-.75........................      .0152     -.0002      .0786     -.0185
-1.0........................     -.0043      .0452     -.0040      .0103
-1.25.......................      .0010      .0135      .0103      .0047
-1.5........................      .0018      .0052      .0069      .0042
-1.75.......................     -.0012      .0122     -.0076      .0076
-2.0........................     -.0024      .0141     -.0141      .0091
------------------------------------------------------------------------


    Editorial Note: At 56 FR 64867, Dec. 12, 1991, Sec. 73.185 was 
amended by redesignating paragraphs (d), (e), (h), and (k) as (c), (d), 
(e), and (f), resulting in two consecutive paragraph (f)'s. These 
paragraphs will be correctly designated by a Federal Communication 
Commission document published in the Federal Register at a later date.
    (f) For stations operating on regional and local channels, 
interfering skywave field intensities shall be determined in accordance 
with the procedure specified in (d) of this section and illustrated in 
(e) of this section, except that Figure 2 of Sec. 73.190 is used in 
place of Figure 1a and 1b and the formulas of Sec. 73.190. In using 
Figure 2 of Sec. 73.190, one additional parameter must be considered, 
i.e., the variation of received field with the latitude of the path.
    (g) Figure 2 of Sec. 73.190, ``10 percent Skywave Signal Range 
Chart,'' shows the signal as a function of the latitude of the 
transmission path, which is defined as the geographic latitude of the 
midpoint between the transmitter and receiver. When using Figure 2 of 
Sec. 73.190, latitude 35[deg] should be used in case the mid-point of 
the path lies below 35[deg] North and latitude 50[deg] should be used in 
case the mid-point of the path lies above 50[deg] North.

[30 FR 13783, Oct. 29, 1965, as amended at 33 FR 15420, Oct. 17, 1968; 
46 FR 11995, Feb. 12, 1981; 48 FR 42958, Sept. 20, 1983; 50 FR 18843, 
May 2, 1985; 56 FR 64867, Dec. 12, 1991]



Sec. 73.186  Establishment of effective field at one kilometer.

    (a) Section 73.189 provides that certain minimum field strengths are 
acceptable in lieu of the required minimum physical heights of the 
antennas proper. Also, in other situations, it may be necessary to 
determine the effective field. The following requirements shall govern 
the taking and submission of data on the field strength produced:
    (1) Beginning as near to the antenna as possible without including 
the induction field and to provide for the fact that a broadcast antenna 
is not a point source of radiation (not less than one wave length or 5 
times the vertical height in the case of a single element, i.e., 
nondirectional antenna or 10 times the spacing between the elements of a 
directional antenna), measurements shall be made on six or more radials, 
at intervals of approximately 0.2 kilometer up to 3 kilometers from the 
antenna, at intervals of approximately one kilometer from 3 kilometers 
to 5 kilometers from the antenna, at intervals of approximately 2 
kilometers from 5 kilometers to 15 kilometers from the antenna, and a 
few additional measurements if needed at greater distances from the 
antenna. Where the antenna is rurally located and unobstructed 
measurements can be made, there shall be at least 15 measurements on 
each radial. These shall include at least 7 measurements within 3 
kilometers of the antenna. However, where the antenna is located in a 
city where unobstructed measurements are difficult to make, measurements 
shall be made on each radial at as many unobstructed locations as 
possible, even though the intervals are considerably less than stated 
above, particularly within 3 kilometers of the antenna. In cases where 
it is not possible to obtain accurate measurements at the closer 
distances (even out to 8 or 10 kilometers due to the character of the 
intervening terrain), the measurements at greater distances should be 
made at closer intervals.
    (2) The data required by paragraph (a)(1) of this section should be 
plotted for each radial in accordance with either of the two methods set 
forth below:
    (i) Using log-log coordinate paper, plot field strengths as ordinate 
and distance as abscissa.
    (ii) Using semi-log coordinate paper, plot field strength times 
distance as ordinate on the log scale and distance as abscissa on the 
linear scale.
    (3) However, regardless of which of the methods in paragraph (a)(2) 
of this section is employed, the proper curve to be drawn through the 
points plotted shall be determined by comparison

[[Page 61]]

with the curves in Sec. 73.184 as follows: Place the sheet on which the 
actual points have been plotted over the appropriate Graph in Sec. 
73.184, hold to the light if necessary and adjust until the curve most 
closely matching the points is found. This curve should then be drawn on 
the sheet on which the points were plotted, together with the inverse 
distance curve corresponding to that curve. The field at 1 kilometer for 
the radial concerned shall be the ordinate on the inverse distance curve 
at 1 kilometer.
    (4) When all radials have been analyzed in accordance with paragraph 
(a)(3) of this section, a curve shall be plotted on polar coordinate 
paper from the fields obtained, which gives the inverse distance field 
pattern at 1 kilometer. The radius of a circle, the area of which is 
equal to the area bounded by this pattern, is the effective field. (See 
Sec. 73.14.)
    (5) The antenna power of the station shall be maintained at the 
authorized level during all field measurements. The power determination 
will be made using the direct method as described in Sec. 73.51(a) with 
instruments of acceptable accuracy specified in Sec. 73.1215.
    (b) Complete data taken in conjunction with the field strength 
measurements shall be submitted to the Commission in affidavit form 
including the following:
    (1) Tabulation by number of each point of measurement to agree with 
the maps required in paragraph (c) of this section, the date and time of 
each measurement, the field strength (E), the distance from the antenna 
(D) and the product of the field strength and distance (ED) (if data for 
each radial are plotted on semilogarithmic paper, see paragraph 
(a)(2)(ii) of this section) for each point of measurement.
    (2) Description of method used to take field strength measurements.
    (3) The family of theoretical curves used in determining the curve 
for each radial properly identified by conductivity and dielectric 
constants.
    (4) The curves drawn for each radial and the field strength pattern.
    (5) The antenna resistance at the operating frequency.
    (6) Antenna current or currents maintained during field strength 
measurements.
    (c) Maps showing each measurement point numbered to agree with the 
required tabulation shall be retained in the station records and shall 
be available to the FCC upon request.

[28 FR 13574, Dec. 14, 1963, as amended at 41 FR 44178, Oct. 7, 1976; 46 
FR 11995, Feb. 12, 1981; 49 FR 49851, Dec. 24, 1984; 50 FR 18843, May 2, 
1985; 50 FR 47055, Nov. 14, 1985; 51 FR 2707, Jan. 21, 1986; 52 FR 
10570, Apr. 2, 1987; 66 FR 20757, Apr. 25, 2001]



Sec. 73.187  Limitation on daytime radiation.

    (a)(1) Except as otherwise provided in paragraphs (a)(2) and (3) of 
this section, no authorization will be granted for a Class B or Class D 
station on a frequency specified in Sec. 73.25 if the proposed 
operation would radiate during the period of critical hours (the two 
hours after local sunrise and the two hours before local sunset) toward 
any point on the 0.1 mV/m contour of a co-channel U.S. Class A station, 
at or below the pertinent vertical angle determined from Curve 2 of 
Figure 6a of Sec. 73.190, values in excess of those obtained as 
provided in paragraph (b) of this section.
    (2) The limitation set forth in paragraph (a)(1) of this section 
shall not apply in the following cases:
    (i) Any Class B or Class D operation authorized before November 30, 
1959; or
    (ii) For Class B and Class D stations authorized before November 30, 
1959, subsequent changes of facilities which do not involve a change in 
frequency, an increase in radiation toward any point on the 0.1 mV/m 
contour of a co-channel U.S. Class A station, or the move of transmitter 
site materially closer to the 0.1 mV/m contour of such Class A station.
    (3) A Class B or Class D station authorized before November 30, 
1959, and subsequently authorized to increase daytime radiation in any 
direction toward the 0.1 mV/m contour of a co-channel U.S. Class A 
station (without a change in frequency or a move of transmitter site 
materially closer to such contour), may not, during the two hours after 
local sunrise or the two hours before local sunset, radiate in

[[Page 62]]

such directions a value exceeding the higher of:
    (i) The value radiated in such directions with facilities last 
authorized before November 30, 1959, or
    (ii) The limitation specified in paragraph (a)(1) of this section.
    (b) To obtain the maximum permissible radiation for a Class B or 
Class D station on a given frequency from 640 through 990 kHz, multiply 
the radiation value obtained for the given distance and azimuth from the 
500 kHz chart (Figure 9 of Sec. 73.190) by the appropriate 
interpolation factor shown in the K500 column of paragraph 
(c) of this section; and multiply the radiation value obtained for the 
given distance and azimuth from the 1000 kHz chart (Figure 10 of Sec. 
73.190) by the appropriate interpolation factor shown in the 
K1000 column of paragraph (c) of this section. Add the two 
products thus obtained; the result is the maximum radiation value 
applicable to the Class B or Class D station in the pertinent 
directions. For frequencies from 1010 to 1580 kHz, obtain in a similar 
manner the proper radiation values from the 1000 and 1600 kHz charts 
(Figures 10 and 11 of Sec. 73.190), multiply each of these values by 
the appropriate interpolation factors in the K'1000 and 
K'1600 columns in paragraph (c) of this section, and add the 
products.
    (c) Interpolation factors. (1) Frequencies below 1000 kHz.

------------------------------------------------------------------------
                        fkHz                           K\500\    K\1000\
------------------------------------------------------------------------
640.................................................     0.720     0.280
650.................................................     0.700     0.300
660.................................................     0.680     0.320
670.................................................     0.660     0.340
680.................................................     0.640     0.360
690.................................................     0.620     0.380
700.................................................     0.600     0.400
710.................................................     0.580     0.420
720.................................................     0.560     0.440
730.................................................     0.540     0.460
740.................................................     0.520     0.480
750.................................................     0.500     0.500
760.................................................     0.480     0.520
770.................................................     0.460     0.540
780.................................................     0.440     0.560
800.................................................     0.400     0.600
810.................................................     0.380     0.620
820.................................................     0.360     0.640
830.................................................     0.340     0.660
840.................................................     0.320     0.680
850.................................................     0.300     0.700
860.................................................     0.280     0.720
870.................................................     0.260     0.740
880.................................................     0.240     0.760
890.................................................     0.220     0.780
900.................................................     0.200     0.800
940.................................................     0.120     0.880
990.................................................     0.020     0.980
------------------------------------------------------------------------

    (2) Frequencies above 1000 kHz.

------------------------------------------------------------------------
                        f'kHz                         K'\1000\  K'\1600\
------------------------------------------------------------------------
1010................................................     0.983     0.017
1020................................................     0.967     0.033
1030................................................     0.950     0.050
1040................................................     0.933     0.067
1050................................................     0.917     0.083
1060................................................     0.900     0.100
1070................................................     0.883     0.117
1080................................................     0.867     0.133
1090................................................     0.850     0.150
1100................................................     0.833     0.167
1110................................................     0.817     0.183
1120................................................     0.800     0.200
1130................................................     0.783     0.217
1140................................................     0.767     0.233
1160................................................     0.733     0.267
1170................................................     0.717     0.283
1180................................................     0.700     0.300
1190................................................     0.683     0.317
1200................................................     0.667     0.333
1210................................................     0.650     0.350
1220................................................     0.633     0.367
1500................................................     0.167     0.833
1510................................................     0.150     0.850
1520................................................     0.133     0.867
1530................................................     0.117     0.883
1540................................................     0.100     0.900
1550................................................     0.083     0.917
1560................................................     0.067     0.933
1570................................................     0.050     0.950
1580................................................     0.033     0.967
------------------------------------------------------------------------


[28 FR 13574, Dec. 14, 1963, as amended at 49 FR 43962, Nov. 1, 1984; 56 
FR 64868, Dec. 12, 1991]



Sec. 73.189  Minimum antenna heights or field strength requirements.

    (a) Section 73.45 requires that all applicants for new, additional, 
or different broadcast facilities and all licensees requesting authority 
to move 0the transmitter of an existing station, shall specify a 
radiating system, the efficiency of which complies with the requirements 
of good engineering practice for the class and power of the station.
    (b) The specifications deemed necessary to meet the requirements of 
good engineering practice at the present state of the art are set out in 
detail below.
    (1) The licensee of a AM broadcast station requesting a change in 
power, time of operation, frequency, or transmitter location must also 
request authority to install a new antenna system or to make changes in 
the existing antenna system which will meet the

[[Page 63]]

minimum height requirements, or submit evidence that the present antenna 
system meets the minimum requirements with respect to field strength, 
before favorable consideration will be given thereto. (See Sec. 
73.186.) In the event it is proposed to make substantial changes in an 
existing antenna system, the changes shall be such as to meet the 
minimum height requirements or will be permitted subject to the 
submission of field strength measurements showing that it meets the 
minimum requirements with respect to effective field strength.
    (2) These minimum actual physical vertical heights of antennas 
permitted to be installed are shown by curves A, B, and C of Figure 7 of 
Sec. 73.190 as follows:
    (i) Class C stations, and stations in Alaska, Hawaii, Puerto Rico 
and the U.S. Virgin Islands on 1230, 1240, 1340, 1400, 1450 and 1490 kHz 
that were formerly Class C and were redesignated as Class B pursuant to 
Sec. 73.26(b), 45 meters or a minimum effective field strength of 180 
mV/m for 1 kW at 1 kilometer (90 mV/m for 0.25 kW at 1 kilometer). (This 
height applies to a Class C station on a local channel only. Curve A 
shall apply to any Class C stations in the 48 conterminous States that 
are assigned to Regional channels.)
    (ii) Class A (Alaska), Class B and Class D stations other than those 
covered in Sec. 73.189(b)(2)(i), a minimum effective field strength of 
215 mV/m for 1 kW at 1 kilometer.
    (iii) Class A stations, a minimum effective field strength of 275 
mV/m for 1 kW at 1 kilometer.
    (3) The heights given on the graph for the antenna apply regardless 
of whether the antenna is located on the ground or on a building. Except 
for the reduction of shadows, locating the antenna on a building does 
not necessarily increase the efficiency and where the height of the 
building is in the order of a quarter wave the efficiency may be 
materially reduced.
    (4) At the present development of the art, it is considered that 
where a vertical radiator is employed with its base on the ground, the 
ground system should consist of buried radial wires at least one-fourth 
wave length long. There should be as many of these radials evenly spaced 
as practicable and in no event less than 90. (120 radials of 0.35 to 0.4 
of a wave length in length and spaced 3[deg] is considered an excellent 
ground system and in case of high base voltage, a base screen of 
suitable dimensions should be employed.)
    (5) In case it is contended that the required antenna efficiency can 
be obtained with an antenna of height or ground system less than the 
minimum specified, a complete field strength survey must be supplied to 
the Commission showing that the field strength at a mile without 
absorption fulfills the minimum requirements. (See Sec. 73.186.) This 
field survey must be made by a qualified engineer using equipment of 
acceptable accuracy.
    (6) The main element or elements of a directional antenna system 
shall meet the above minimum requirements with respect to height or 
effective field strength. No directional antenna system will be approved 
which is so designed that the effective field of the array is less than 
the minimum prescribed for the class of station concerned, or in case of 
a Class A station less than 90 percent of the ground wave field which 
would be obtained from a perfect antenna of the height specified by 
Figure 7 of Sec. 73.190 for operation on frequencies below 1000 kHz, 
and in the case of a Class B or Class D station less than 90 percent of 
the ground wave field which would be obtained from a perfect antenna of 
the height specified by Figure 7 of Sec. 73.190 for operation on 
frequencies below 750 kHz.

[28 FR 13574, Dec. 14, 1963, as amended at 31 FR 8069, June 8, 1966; 33 
FR 15420, Oct. 17, 1968; 44 FR 36038, June 20, 1979; 50 FR 18844, May 2, 
1985; 51 FR 2707, Jan. 21, 1986; 51 FR 4753, Feb. 7, 1986; 52 FR 10570, 
Apr. 2, 1987; 56 FR 64868, Dec. 12, 1991; 81 FR 2760, Jan. 19, 2016]



Sec. 73.190  Engineering charts and related formulas.

    (a) This section consists of the following Figures: 2, r3, 5, 6a, 7, 
8, 9, 10, 11, 12, and 13. Additionally, formulas that are directly 
related to graphs are included.
    (b) Formula 1 is used for calculation of 50% skywave field strength 
values.
    Formula 1. Skywave field strength, 50% of the time (at SS + 6):

[[Page 64]]

    The skywave field strength, Fc(50), for a characteristic field 
strength of 100 mV/m at 1 km is given by:
[GRAPHIC] [TIFF OMITTED] TC01MR91.068

    The slant distance, D, is given by:
    [GRAPHIC] [TIFF OMITTED] TC13NO91.020
    
The geomagnetic latitude of the midpoint of the path, [Phi]M, is given 
          by:

[Phi]M = arcsin[sin aM sin 78.5[deg] + cos aM cos 78.5[deg] cos(69 + 
          bM)]degrees (Eq. 3)

The short great-circle path distance, d, is given by:
[GRAPHIC] [TIFF OMITTED] TC13NO91.021

Where:

d[deg] = arccos[sin aT sin aR + cos aT cos aR cos(bR - 
          bT)]degrees (Eq.5)

Where:

aT is the geographic latitude of the transmitting terminal (degrees)
aR is the geographic latitude of the receiving terminal (degrees)
bT is the geographic longitude of the transmitting terminal (degrees)
bR is the geographic longitude of the receiving terminal (degrees)
aM is the geographic latitude of the midpoint of the great-circle path 
          (degrees) and is given by:
bM is the geographic longitude of the midpoint of the great-circle path 
          (degrees) and is given by:
          [GRAPHIC] [TIFF OMITTED] TC01MR91.069
          
          [GRAPHIC] [TIFF OMITTED] TC01MR91.070
          
    Note (1): If [verbar]FM[verbar] is greater than 60 degrees, equation 
(1) is evaluated for [verbar] FM[verbar] = 60 degrees.
    Note (2): North and east are considered positive; south and west 
negative.
    Note (3): In equation (7), k = -1 for west to east paths (i.e., bR 
bT), otherwise k = 1.
    (c) Formula 2 is used for calculation of 10% skywave field strength 
values.
    Formula 2. Skywave field strength, 10% of the time (at SS + 6):
    The skywave field strength, Fc(10), is given by:

Fc(10) = Fc(50) + [Delta] dB([micro]V/m)
Where:

[Delta] = 6 when [verbar] FM[verbar] <40
[Delta] = 0.2 [verbar] FM[verbar] - 2 when 40 <=[verbar] 
          FM[verbar] <=60
[Delta] = 10 when [verbar] FM[verbar] 60

    (d) Figure 6a depicts angles of departure versus transmission range. 
These angles may also be computed using the following formulas:
[GRAPHIC] [TIFF OMITTED] TC01MR91.071


[[Page 65]]


Where:

d = distance in kilometers
n = 1 for 50% field strength values
n = 2 or 3 for 10% field strength values
and where
K1 = 0.00752
K2 = 0.00938
K3 = 0.00565

    Note: Computations using these formulas should not be carried beyond 
0.1 degree.

    (e) In the event of disagreement between computed values using the 
formulas shown above and values obtained directly from the figures, the 
computed values will control.

[[Page 66]]

[GRAPHIC] [TIFF OMITTED] TC01MR91.072


[[Page 67]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.073


[[Page 68]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.074


[[Page 69]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.075


[[Page 70]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.076


[[Page 71]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.077


[[Page 72]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.078


[[Page 73]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.079


[[Page 74]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.080


[[Page 75]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.081


[[Page 76]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.082


[[Page 77]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.083


[[Page 78]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.084


[28 FR 13574, Dec. 14, 1963, as amended at 30 FR 12720, Oct. 6, 1965; 33 
FR 15420, Oct. 17, 1968; 48 FR 42959, Sept. 20, 1983; 49 FR 43963, Nov. 
1, 1984; 50 FR 18844, May 2, 1985; 51 FR 4753, Feb. 7, 1986; 52 FR 
36879, Oct. 1, 1987; 56 FR 64869, Dec. 12, 1991]



                     Subpart B_FM Broadcast Stations



Sec. 73.201  Numerical designation of FM broadcast channels.

    The FM broadcast band consists of that portion of the radio 
frequency spectrum between 88 MHz and 108 MHz. It is divided into 100 
channels of 200 kHz each. For convenience, the frequencies available for 
FM broadcasting (including those assigned to noncommercial educational 
broadcasting) are given numerical designations which are shown in the 
table below:

------------------------------------------------------------------------
                                                                Channel
                      Frequency (Mc/s)                            No.
------------------------------------------------------------------------
88.1........................................................         201
88.3........................................................         202

[[Page 79]]

 
88.5........................................................         203
88.7........................................................         204
88.9........................................................         205
89.1........................................................         206
89.3........................................................         207
89.5........................................................         208
89.7........................................................         209
89.9........................................................         210
90.1........................................................         211
90.3........................................................         212
90.5........................................................         213
90.7........................................................         214
90.9........................................................         215
91.1........................................................         216
91.3........................................................         217
91.5........................................................         218
91.7........................................................         219
91.9........................................................         220
92.1........................................................         221
92.3........................................................         222
92.5........................................................         223
92.7........................................................         224
92.9........................................................         225
93.1........................................................         226
93.3........................................................         227
93.5........................................................         228
93.7........................................................         229
93.9........................................................         230
94.1........................................................         231
94.3........................................................         232
94.5........................................................         233
94.7........................................................         234
94.9........................................................         235
95.1........................................................         236
95.3........................................................         237
95.5........................................................         238
95.7........................................................         239
95.9........................................................         240
96.1........................................................         241
96.3........................................................         242
96.5........................................................         243
96.7........................................................         244
96.9........................................................         245
97.1........................................................         246
97.3........................................................         247
97.5........................................................         248
97.7........................................................         249
97.9........................................................         250
98.1........................................................         251
98.3........................................................         252
98.5........................................................         253
98.7........................................................         254
98.9........................................................         255
99.1........................................................         256
99.3........................................................         257
99.5........................................................         258
99.7........................................................         259
99.9........................................................         260
100.1.......................................................         261
100.3.......................................................         262
100.5.......................................................         263
100.7.......................................................         264
100.9.......................................................         265
101.1.......................................................         266
101.3.......................................................         267
101.5.......................................................         268
101.7.......................................................         269
101.9.......................................................         270
102.1.......................................................         271
102.3.......................................................         272
102.5.......................................................         273
102.7.......................................................         274
102.9.......................................................         275
103.1.......................................................         276
103.3.......................................................         277
103.5.......................................................         278
103.7.......................................................         279
103.9.......................................................         280
104.1.......................................................         281
104.3.......................................................         282
104.5.......................................................         283
104.7.......................................................         284
104.9.......................................................         285
105.1.......................................................         286
105.3.......................................................         287
105.5.......................................................         288
105.7.......................................................         289
105.9.......................................................         290
106.1.......................................................         291
106.3.......................................................         292
106.5.......................................................         293
106.7.......................................................         294
106.9.......................................................         295
107.1.......................................................         296
107.3.......................................................         297
107.5.......................................................         298
107.7.......................................................         299
107.9.......................................................         300
------------------------------------------------------------------------
Note: The frequency 108.0 MHz may be assigned to VOR test stations
  subject to the condition that interference is not caused to the
  reception of FM broadcasting stations, present or future.


[28 FR 13623, Dec. 14, 1963, as amended at 30 FR 4480, Apr. 7, 1965; 52 
FR 10570, Apr. 2, 1987]



Sec. 73.202  Table of Allotments.

    (a) General. The following Table of Allotments contains the channels 
(other than noncommercial educational Channels 201-220) designated for 
use in communities in the United States, its territories, and 
possessions, and not currently assigned to a licensee or permittee or 
subject to a pending application for construction permit or license. All 
listed channels are for Class B stations in Zones I and I-A and for 
Class C stations in Zone II unless otherwise specifically designated. 
Channels to which licensed, permitted, and ``reserved'' facilities have 
been assigned are reflected in the Media Bureau's publicly available 
Consolidated Data Base System.
    (1) Channels designated with an asterisk may be used only by 
noncommercial educational broadcast stations. The rules governing the 
use of those channels are contained in part 73, subpart C of this 
chapter. An entity that would be eligible to operate a noncommercial 
educational broadcast station can, in conjunction with an initial 
petition for rulemaking filed pursuant to part 1, subpart C of this 
chapter, request that a nonreserved FM channel

[[Page 80]]

(channels 221 through 300) be allotted as reserved only for 
noncommercial educational broadcasting by demonstrating the following:
    (i) No reserved channel can be used without causing prohibited 
interference to TV channel 6 stations or foreign broadcast stations; or
    (ii) The applicant is technically precluded from using the reserved 
band by existing stations or previously filed applications and the 
proposed station would provide a first or second noncommercial 
educational radio service to 2,000 or more people who constitute 10% of 
the population within the proposed allocation's 60 dBu (1 mV/m) service 
contour.
    (2) Each channel listed in the Table of Allotments reflects the 
class of station that is authorized to use it based on the minimum and 
maximum facility requirements for each class contained in Sec. 73.211.

    Note: The provisions of this paragraph [(a)(2) of this section] 
become effective [3 years from the effective date of the Report and 
Order in BC Docket 80-90].

    (b) Table of FM Allotments.

                        Table 1 to Paragraph (b)
                              [U.S. States]
------------------------------------------------------------------------
                                                          Channel No.
------------------------------------------------------------------------
                                 ALABAMA
------------------------------------------------------------------------
Camden...............................................               230A
Hamilton.............................................               221A
Maplesville..........................................               292A
Thomaston............................................              280C3
------------------------------------------------------------------------
                                 ALASKA
------------------------------------------------------------------------
Kotzebue.............................................               280A
Yakutat..............................................               280A
------------------------------------------------------------------------
                                 ARIZONA
------------------------------------------------------------------------
Aguila...............................................              297C2
Ajo..................................................               275A
Desert Hills.........................................               292A
Ehrenberg............................................              228C2
First Mesa...........................................               281C
Fredonia.............................................              266C1
Leupp................................................              293C1
Overgaard............................................              234C1
Parker...............................................              257C2
Paulden..............................................              228C3
Peach Springs........................................               287A
Pima.................................................               296A
Salome...............................................               231A
Sells................................................               285A
Snowflake............................................              259C2
Tusayan..............................................              222C1
Wickenburg...........................................              229C3
------------------------------------------------------------------------
                                ARKANSAS
------------------------------------------------------------------------
Hermitage............................................               300A
Lake Village.........................................              278C3
Rison................................................               255A
Strong...............................................              296C3
------------------------------------------------------------------------
                               CALIFORNIA
------------------------------------------------------------------------
Alturas..............................................               277C
Avenal...............................................               269A
Boonville............................................               300A
Cartago..............................................               233A
Cedarville...........................................               238A
Coalinga.............................................              247B1
Coalinga.............................................               261B
Cottonwood...........................................               221A
Dos Palos............................................               240A
Earlimart............................................               228A
Essex................................................               280B
Firebaugh............................................               234A
Ford City............................................               271A
Ft. Bragg............................................              253B1
Kettleman City.......................................               299A
Lindsay..............................................              277B1
Ludlow...............................................              261B1
Portola..............................................               258A
Randsburg............................................               275A
Sacramento...........................................               300B
Tecopa...............................................               256A
Visalia..............................................               241A
Wasco................................................               224A
------------------------------------------------------------------------
                                COLORADO
------------------------------------------------------------------------
Battlement Mesa......................................              275C3
Calhan...............................................              284C3
Dinosaur.............................................              262C1
Dotsero..............................................               261A
Eckley...............................................              257C1
Hugo.................................................               222A
Idalia...............................................               231A
Lake City............................................               247A
Olathe...............................................        270C2, 293C
Stratton.............................................              246C1
Walden...............................................               226A
Yampa................................................              277C3
------------------------------------------------------------------------
                               CONNECTICUT
------------------------------------------------------------------------
                                DELAWARE
------------------------------------------------------------------------
                          DISTRICT OF COLUMBIA
------------------------------------------------------------------------
                                 FLORIDA
------------------------------------------------------------------------
Big Coppitt Key......................................              265C3
Cross City...........................................              249C3
Fort Walton Beach....................................               295A
Horseshoe Beach......................................             *234C3
Otter Creek..........................................               240A
------------------------------------------------------------------------
                                 GEORGIA
------------------------------------------------------------------------
Pembroke.............................................              257C1
Plains...............................................               290A
                                 HAWAII
------------------------------------------------------------------------
                                  IDAHO
------------------------------------------------------------------------
Weiser...............................................              247C1
------------------------------------------------------------------------

[[Page 81]]

 
                                ILLINOIS
------------------------------------------------------------------------
Abingdon.............................................               291A
Cedarville...........................................               258A
Greenup..............................................               230A
Pinckneyville........................................               282A
------------------------------------------------------------------------
                                 INDIANA
------------------------------------------------------------------------
Columbus.............................................               228A
Fowler...............................................               291A
Madison..............................................               265A
------------------------------------------------------------------------
                                  IOWA
------------------------------------------------------------------------
Asbury...............................................               254A
Dunkerton............................................               280A
Keosauqua............................................              271C3
Moville..............................................               246A
Rockford.............................................               225A
Rudd.................................................               268A
------------------------------------------------------------------------
                                 KANSAS
------------------------------------------------------------------------
Council Grove........................................              281C3
------------------------------------------------------------------------
                                KENTUCKY
------------------------------------------------------------------------
Irvington............................................               261A
------------------------------------------------------------------------
                                LOUISIANA
------------------------------------------------------------------------
Florien..............................................               222A
Golden Meadow........................................              289C2
Haynesville..........................................               286A
Hornbeck.............................................               269A
Oil City.............................................               285A
Wisner...............................................              300C3
------------------------------------------------------------------------
                                  MAINE
------------------------------------------------------------------------
                                MARYLAND
------------------------------------------------------------------------
                              MASSACHUSETTS
------------------------------------------------------------------------
Orange...............................................               247A
------------------------------------------------------------------------
West Tisbury.........................................               282A
------------------------------------------------------------------------
                                MICHIGAN
------------------------------------------------------------------------
Bear Lake............................................              264C3
Carney...............................................               260A
Custer...............................................               260A
Houghton.............................................              242C1
Lake Isabella........................................               255A
Lexington............................................              *256A
Onekama..............................................              227C3
Pigeon...............................................               267A
------------------------------------------------------------------------
                                MINNESOTA
------------------------------------------------------------------------
Grand Marais.........................................              245C3
Grand Portage........................................               251A
------------------------------------------------------------------------
                               MISSISSIPPI
------------------------------------------------------------------------
Bruce................................................               233A
Cleveland............................................              226C2
Greenwood............................................              230C3
McLain...............................................               245A
New Albany...........................................               268A
New Augusta..........................................               269A
                                MISSOURI
------------------------------------------------------------------------
Bourbon..............................................               231A
Bunker...............................................              292C3
Cuba.................................................               269A
Eminence.............................................               281A
Maryville............................................              285C3
Wheatland............................................               272A
------------------------------------------------------------------------
                                 MONTANA
------------------------------------------------------------------------
Cut Bank.............................................              265C2
Valler...............................................              289C1
------------------------------------------------------------------------
                                NEBRASKA
------------------------------------------------------------------------
Bayard...............................................               251A
------------------------------------------------------------------------
                        NEVADA
------------------------------------------------------------------------
Caliente.............................................               264A
Owyhee...............................................              247C1
Tonopah..............................................               224A
------------------------------------------------------------------------
                              NEW HAMPSHIRE
------------------------------------------------------------------------
Enfield..............................................               282A
Groveton.............................................               268A
Jefferson............................................               247A
Stratford............................................               254A
------------------------------------------------------------------------
                               NEW JERSEY
------------------------------------------------------------------------
                               NEW MEXICO
------------------------------------------------------------------------
Animas...............................................              279C1
Carrizozo............................................              261C2
Chama................................................              241C3
Clovis...............................................              272C3
Des Moines...........................................               287C
Lovington............................................              269C3
Skyline-Ganipa.......................................               240A
------------------------------------------------------------------------
                                NEW YORK
------------------------------------------------------------------------
Keeseville...........................................               231A
Narrowsburg..........................................               275A
Sagaponack...........................................               233A
Shelter Island.......................................               277A
Westfield............................................               265A
------------------------------------------------------------------------
                             NORTH CAROLINA
------------------------------------------------------------------------
                              NORTH DAKOTA
------------------------------------------------------------------------
Beulah...............................................               250A
Gackle...............................................              256C1
Medina...............................................              222C1
Sarles...............................................              290C1
------------------------------------------------------------------------
                         OHIO
------------------------------------------------------------------------
Dennison.............................................               272A
------------------------------------------------------------------------
                       OKLAHOMA
------------------------------------------------------------------------
Arnett...............................................              293C2
Cheyenne.............................................              247C2
Clayton..............................................               262A
Coalgate.............................................               242A
Cordell..............................................               229A

[[Page 82]]

 
Covington............................................               290A
Savanna..............................................               275A
Vici.................................................               249A
Wayne................................................               266A
Weatherford..........................................               286A
Wright City..........................................               295A
------------------------------------------------------------------------
                                 OREGON
------------------------------------------------------------------------
Arlington............................................              295C2
Diamond Lake.........................................               251A
Huntington...........................................              228C1
Vale.................................................               288C
------------------------------------------------------------------------
                              PENNSYLVANIA
------------------------------------------------------------------------
Liberty..............................................               298A
------------------------------------------------------------------------
                              RHODE ISLAND
------------------------------------------------------------------------
                             SOUTH CAROLINA
------------------------------------------------------------------------
Edgefield............................................               238A
------------------------------------------------------------------------
                              SOUTH DAKOTA
------------------------------------------------------------------------
Edgemont.............................................              289C1
------------------------------------------------------------------------
                                TENNESSEE
------------------------------------------------------------------------
Englewood............................................               250A
------------------------------------------------------------------------
                                  TEXAS
------------------------------------------------------------------------
Albany...............................................               255A
Asherton.............................................               284A
Aspermont............................................              226C2
Balmorhea............................................               283C
Benjamin.............................................              237C3
Big Lake.............................................       246A, 252C2,
                                                            281C1, 296C3
Bogata...............................................               247A
Bruni................................................               293A
Canadian.............................................              235C1
Carrizo Springs......................................         228A, 295A
Centerville..........................................               274A
Crystal Beach........................................               268A
Dalhart..............................................              261C2
Denver City..........................................              248C2
Dickens..............................................         240A, 294A
Dilley...............................................               291A
Eden.................................................               294A
El Indio.............................................               236A
Encino...............................................         250A, 283A
Estelline............................................              263C3
Fort Stockton........................................               263C
Freer................................................               288A
George West..........................................               292A
Girard...............................................              248C3
Goree................................................               277A
Groom................................................         223A, 273A
Hale Center..........................................              236C1
Hamilton.............................................               263A
Hamlin...............................................              283C2
Hereford.............................................              278C2
Iraan................................................              269C2
Jayton...............................................              231C2
Junction.............................................      228C2, 277C3,
                                                                    290A
Kermit...............................................              289C3
Knox City............................................               293A
Leakey...............................................         275A, 299A
Lockney..............................................              271C3
Lometa...............................................               253A
Lovelady.............................................               288A
Marathon.............................................              276C1
Marquez..............................................               296A
Mason................................................              239C2
Matador..............................................       244C2, 276C3
McCamey..............................................       233C3, 237C3
McLean...............................................              298C3
Memphis..............................................               292A
Menard...............................................         265A, 292A
Milano...............................................               274A
Mullin...............................................         224A, 277A
Munday...............................................              270C1
O'Donnell............................................               249A
Olney................................................               282A
Palacios.............................................              259C1
Pearsall.............................................               277A
Premont..............................................        264C3, 287A
Richland Springs.....................................         235A, 299A
Rising Star..........................................              290C3
Roaring Springs......................................               227A
Roby.................................................               290A
Rocksprings..........................................               291A
Roscoe...............................................               228A
Rule.................................................               253A
San Isidro...........................................         255A, 278A
Sanderson............................................              274C1
Sanger...............................................              281C3
Seymour..............................................              222C2
Sheffield............................................              224C2
Silverton............................................               221A
Sonora...............................................              272C3
South Padre Island...................................               288A
Teague...............................................              237C3
Trinity..............................................               251A
Turkey...............................................              221C2
Van Alstyne..........................................               260A
Wellington...........................................       248C3, 253C3
Wells................................................               254A
Westbrook............................................               272A
Zapata...............................................               292A
------------------------------------------------------------------------
                                  UTAH
------------------------------------------------------------------------
Huntington...........................................              287C3
Milford..............................................               288C
Paragonah............................................               258A
------------------------------------------------------------------------
                                 VERMONT
------------------------------------------------------------------------
Barton...............................................               262A
Hardwick.............................................               290A
West Rutland.........................................               298A
------------------------------------------------------------------------
                                VIRGINIA
------------------------------------------------------------------------
                               WASHINGTON
------------------------------------------------------------------------
Coupeville...........................................               266A
Kahlotus.............................................               283A
Oak Harbor...........................................               233A
Raymond..............................................               300A
Trout Lake...........................................               236A
------------------------------------------------------------------------
                              WEST VIRGINIA
------------------------------------------------------------------------
                                WISCONSIN
------------------------------------------------------------------------
Ashland..............................................               275A
Crandon..............................................               276A

[[Page 83]]

 
Hayward..............................................              232C2
Laona................................................              272C3
New Holstein.........................................               258A
Tomahawk.............................................              265C3
------------------------------------------------------------------------
                                 WYOMING
------------------------------------------------------------------------
Albin................................................              282C3
Bairoil..............................................              235C3
Basin................................................              299C1
Cora.................................................              274C2
Dubois...............................................               242A
Jackson..............................................              294C2
Lusk.................................................               242A
Manville.............................................              255C1
Marbleton............................................              257C1
Medicine Bow.........................................              259C3
Pine Bluffs..........................................               287A
Ralston..............................................               233C
Rawlins..............................................              298C2
Rozet................................................              256C3
Wamsutter............................................               285A
Wheatland............................................         286A, 293A
------------------------------------------------------------------------
                           [U.S. Territories]
------------------------------------------------------------------------
                             AMERICAN SAMOA
------------------------------------------------------------------------
                            CENTRAL MARIANAS
------------------------------------------------------------------------
                                 GARAPAN
------------------------------------------------------------------------
                                  GUAM
------------------------------------------------------------------------
                               PUERTO RICO
------------------------------------------------------------------------
                             VIRGIN ISLANDS
------------------------------------------------------------------------
Charlotte Amalie.....................................               237B
Charlotte Amalie.....................................               275A
------------------------------------------------------------------------


[30 FR 12711, Oct. 6, 1965]

    Editorial Note: For Federal Register citations affecting Sec. 
73.202, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 73.203  Availability of channels.

    (a) Except as provided for in paragraph (b) of this section and 
Sec. 1.401(d) of this chapter and 73.3573(a)(1), applications may be 
filed to construct new FM broadcast stations only at the communities and 
on the channels contained in the Table of Allotments (Sec. 73.202(b)).
    (b) Applications filed on a first come, first served basis for the 
minor modification of an existing FM broadcast station may propose any 
change in channel and/or class and/or community not defined as major in 
Sec. 73.3573(a). Applications for a change in community of license must 
comply with the requirements set forth in Sec. 73.3573(g).

    Note to Sec. 73.203: This section is limited to non-reserved band 
changes in channel and/or class and/or community. Applications 
requesting such changes must meet either the minimum spacing 
requirements of Sec. 73.207 at the site specified in the application, 
without resort to the provisions of the Commission's rules permitting 
short spaced stations as set forth in Sec. Sec. 73.213 through 73.215, 
or demonstrate by a separate exhibit attached to the application the 
existence of a suitable allotment site that fully complies with 
Sec. Sec. 73.207 and 73.315 without resort to Sec. Sec. 73.213 through 
73.215.

[71 FR 76219, Dec. 20, 2006]



Sec. 73.204  International agreements and other restrictions on use of channels.

    See Sec. Sec. 73.207, 73.220 and 73.1650.

[49 FR 10264, Mar. 20, 1984]



Sec. 73.205  Zones.

    For the purpose of allotments and assignments, the United States is 
divided into three zones as follows:
    (a) Zone I consists of that portion of the United States located 
within the confines of the following lines drawn on the United States 
Albers Equal Area Projection Map (based on standard parallels 291/2[deg] 
and 451/2[deg]; North American datum): Beginning at the most easterly 
point on the State boundary line between North Carolina and Virginia; 
thence in a straight line to a point on the Virginia-West Virginia 
boundary line located at north latitude 37[deg]49[min] and west 
longitude 80[deg]12[min]30[sec]; thence westerly along the southern 
boundary lines of the States of West Virginia, Ohio, Indiana, and 
Illinois to a point at the junction of the Illinois, Kentucky, and 
Missouri State boundary lines; thence northerly along the western 
boundary line of the State of Illinois to a point at the junction of the 
Illinois, Iowa, and Wisconsin State boundary lines; thence easterly 
along the northern State boundary line of Illinois to the 90th meridian; 
thence north along this meridian to the 43.5[deg] parallel; thence east 
along this parallel to the United States-Canada border; thence southerly 
and following that border until it again intersects the 43.5[deg] 
parallel; thence east along this parallel to the 71st meridian;

[[Page 84]]

thence in a straight line to the intersection of the 69th meridian and 
the 45th parallel; thence east along the 45th parallel to the Atlantic 
Ocean. When any of the above lines pass through a city, the city shall 
be considered to be located in Zone I. (See Figure 1 of Sec. 73.699.)
    (b) Zone I-A consists of Puerto Rico, the Virgin Islands and that 
portion of the State of California which is located south of the 40th 
parallel.
    (c) Zone II consists of Alaska, Hawaii and the rest of the United 
States which is not located in either Zone I or Zone I-A.

[29 FR 14116, Oct. 14, 1964, and 31 FR 10125, July 27, 1966, as amended 
at 48 FR 29504, June 27, 1983]



Sec. 73.207  Minimum distance separation between stations.

    (a) Except for assignments made pursuant to Sec. 73.213 or 73.215, 
FM allotments and assignments must be separated from other allotments 
and assignments on the same channel (co-channel) and five pairs of 
adjacent channels by not less than the minimum distances specified in 
paragraphs (b) and (c) of this section. The Commission will not accept 
petitions to amend the Table of Allotments unless the reference points 
meet all of the minimum distance separation requirements of this 
section. The Commission will not accept applications for new stations, 
or applications to change the channel or location of existing 
assignments unless transmitter sites meet the minimum distance 
separation requirements of this section, or such applications conform to 
the requirements of Sec. 73.213 or 73.215. However, applications to 
modify the facilities of stations with short-spaced antenna locations 
authorized pursuant to prior waivers of the distance separation 
requirements may be accepted, provided that such applications propose to 
maintain or improve that particular spacing deficiency. Class D 
(secondary) assignments are subject only to the distance separation 
requirements contained in paragraph (b)(3) of this section. (See Sec. 
73.512 for rules governing the channel and location of Class D 
(secondary) assignments.)
    (b) The distances listed in Tables 1, 2, and 3 of this paragraph (b) 
apply to allotments and assignments on the same channel and each of five 
pairs of adjacent channels. The five pairs of adjacent channels are the 
first (200 kHz above and 200 kHz below the channel under consideration), 
the second (400 kHz above and below), the third (600 kHz above and 
below), the fifty-third (10.6 MHz above and below), and the fifty-fourth 
(10.8 MHz above and below). The distances in the Tables apply regardless 
of whether the proposed station class appears first or second in the 
``Relation'' column of the table.
    (1) Domestic distance separation. Domestic allotments and 
assignments must be separated from each other by not less than the 
distances in Table 1 to this paragraph (b):

                Table 1 to Paragraph (b)--Minimum Distance Separation Requirements in Kilometers
                                                     [Miles]
----------------------------------------------------------------------------------------------------------------
                    Relation                        Co-channel        200 kHz       400/600 kHz    10.6/10.8 MHz
----------------------------------------------------------------------------------------------------------------
A to A..........................................        115 (71)         72 (45)         31 (19)          10 (6)
A to B1.........................................        143 (89)         96 (60)         48 (30)          12 (7)
A to B..........................................       178 (111)        113 (70)         69 (43)          15 (9)
A to C3.........................................        142 (88)         89 (55)         42 (26)          12 (7)
A to C2.........................................       166 (103)        106 (66)         55 (34)          15 (9)
A to C1.........................................       200 (124)        133 (83)         75 (47)         22 (14)
A to C0.........................................       215 (134)        152 (94)         86 (53)         25 (16)
A to C..........................................       226 (140)       165 (103)         95 (59)         29 (18)
B1 to B1........................................       175 (109)        114 (71)         50 (31)          14 (9)
B1 to B.........................................       211 (131)        145 (90)         71 (44)         17 (11)
B1 to C3........................................       175 (109)        114 (71)         50 (31)          14 (9)
B1 to C2........................................       200 (124)        134 (83)         56 (35)         17 (11)
B1 to C1........................................       233 (145)       161 (100)         77 (48)         24 (15)
B1 to C0........................................       248 (154)       180 (112)         87 (54)         27 (17)
B1 to C.........................................       259 (161)       193 (120)        105 (65)         31 (19)
B to B..........................................       241 (150)       169 (105)         74 (46)         20 (12)
B to C3.........................................       211 (131)        145 (90)         71 (44)         17 (11)
B to C2.........................................       241 (150)       169 (105)         74 (46)         20 (12)

[[Page 85]]

 
B to C1.........................................       270 (168)       195 (121)         79 (49)         27 (17)
B to C0.........................................       272 (169)       214 (133)         89 (55)         31 (19)
B to C..........................................       274 (170)       217 (135)        105 (65)         35 (22)
C3 to C3........................................        153 (95)         99 (62)         43 (27)          14 (9)
C3 to C2........................................       177 (110)        117 (73)         56 (35)         17 (11)
C3 to C1........................................       211 (131)        144 (90)         76 (47)         24 (15)
C3 to C0........................................       226 (140)       163 (101)         87 (54)         27 (17)
C3 to C.........................................       237 (147)       176 (109)         96 (60)         31 (19)
C2 to C2........................................       190 (118)        130 (81)         58 (36)         20 (12)
C2 to C1........................................       224 (139)        158 (98)         79 (49)         27 (17)
C2 to C0........................................       239 (148)       176 (109)         89 (55)         31 (19)
C2 to C.........................................       249 (155)       188 (117)        105 (65)         35 (22)
C1 to C1........................................       245 (152)       177 (110)         82 (51)         34 (21)
C1 to C0........................................       259 (161)       196 (122)         94 (58)         37 (23)
C1 to C.........................................       270 (168)       209 (130)        105 (65)         41 (25)
C0 to C0........................................       270 (168)       207 (129)         96 (60)         41 (25)
C0 to C.........................................       281 (175)       220 (137)        105 (65)         45 (28)
C to C..........................................       290 (180)       241 (150)        105 (65)         48 (30)
----------------------------------------------------------------------------------------------------------------

    (2) Canadian border distance separation. Under the 1991 United 
States-Canada FM Broadcasting Agreement, as amended, any domestic U.S. 
allotment or assignment within 320 kilometers (199 miles) of the common 
border must either satisfy the contour overlap provisions set out in the 
Agreement or be separated from Canadian allotments and assignments by 
not less than the distance given in Table 2 to this paragraph (b), using 
the distance calculation methodology set out in the Agreement. When 
applying Table 2, U.S. Class C0 allotments and assignments are 
considered to be Class C; U.S. Class C2 allotments and assignments are 
considered to be Class B; and U.S. Class C3 allotments and assignments 
are considered to be Class B1.

                Table 2 to Paragraph (b)--Minimum Distance Separation Requirements in Kilometers
                                                    [Canada]
----------------------------------------------------------------------------------------------------------------
                                                                                                   10.6/10.8 MHz
            Relation                Co-channel        200 kHz         400 kHz         600 kHz         (I.F.)
----------------------------------------------------------------------------------------------------------------
A1 to A1........................              78              45              24              20               4
A1 to A.........................             131              78              44              40               7
A1 to B1........................             164              98              57              53               9
A1 to B.........................             190             117              71              67              12
A1 to C1........................             223             148              92              88              19
A1 to C.........................             227             162             103              99              26
A to A..........................             151              98              51              42              10
A to B1.........................             184             119              64              55              12
A to B..........................             210             137              78              69              15
A to C1.........................             243             168              99              90              22
A to C..........................             247             182             110             101              29
B1 to B1........................             197             131              70              57              24
B1 to B.........................             223             149              84              71              24
B1 to C1........................             256             181             108              92              40
B1 to C.........................             259             195             116             103              40
B to B..........................             237             164              94              74              24
B to C1.........................             271             195             115              95              40
B to C..........................             274             209             125             106              40
C1 to C1........................             292             217             134             101              48
C1 to C.........................             302             230             144             111              48
C to C..........................             306             241             153             113              48
----------------------------------------------------------------------------------------------------------------

    (3) Mexican border distance separation. Under the 1992 United 
States-Mexico FM Broadcasting Agreement, any domestic U.S. assignment or 
allotment within 320 kilometers (199 miles) of the common border must 
either satisfy the

[[Page 86]]

contour overlap provisions set out in section 7.3 of the Agreement or be 
separated from Mexican assignments or allotments by not less than the 
distances given in Table 3 to this paragraph (b), using the distance 
calculation methodology set out in the Agreement. The minimum required 
distance separation between I.F. allotments and assignments cannot be 
reduced. When applying Table 3--
    (i) U.S. or Mexican assignments or allotments which have been 
notified internationally as Class A are limited to a maximum of 3.0 kW 
ERP at 100 meters HAAT, or the equivalent;
    (ii) U.S. or Mexican assignments or allotments which have been 
notified internationally as Class AA are limited to a maximum of 6.0 kW 
ERP at 100 meters HAAT, or the equivalent;
    (iii) U.S. Class C3 assignments or allotments are considered Class 
B1;
    (iv) U.S. Class C2 assignments or allotments are considered Class B;
    (v) Class C1 assignments or allotments assume maximum facilities of 
100 kW ERP at 300 meters HAAT. However, U.S. Class C1 stations may not, 
in any event, exceed the domestic U.S. limit of 100 kW ERP at 299 meters 
HAAT, or the equivalent; and
    (vi) U.S. Class C0 assignments or allotments are considered Class C.

                Table 3 to Paragraph (b)--Minimum Distance Separation Requirements in Kilometers
                                                    [Mexico]
----------------------------------------------------------------------------------------------------------------
                                                                                  400 kHz or 600   10.6 or 10.8
                    Relation                        Co-Channel        200 kHz           kHz         MHz (I.F.)
----------------------------------------------------------------------------------------------------------------
A to A..........................................             100              61              25               8
A to AA.........................................             111              68              31               9
A to B1.........................................             138              88              48              11
A to B..........................................             163             105              65              14
A to C1.........................................             196             129              74              21
A to C..........................................             210             161              94              28
AA to AA........................................             115              72              31              10
AA to B1........................................             143              96              48              12
AA to B.........................................             178             125              69              15
AA to C1........................................             200             133              75              22
AA to C.........................................             226             165              95              29
B1 to B1........................................             175             114              50              14
B1 to B.........................................             211             145              71              17
B1 to C1........................................             233             161              77              24
B1 to C.........................................             259             193              96              31
B to B..........................................             237             164              65              20
B to C1.........................................             270             195              79              27
B to C..........................................             270             215              98              35
C1 to C1........................................             245             177              82              34
C1 to C.........................................             270             209             102              41
C to C..........................................             290             228             105              48
----------------------------------------------------------------------------------------------------------------

    (c) The distances listed below apply only to allotments and 
assignments on Channel 253 (98.5 MHz). The Commission will not accept 
petitions to amend the Table of Allotments, applications for new 
stations, or applications to change the channel or location of existing 
assignments where the following minimum distances (between transmitter 
sites, in kilometers) from any TV Channel 6 allotment or assignment are 
not met:

        Minimum Distance Separation From TV Channel 6 (82-88 MHz)
------------------------------------------------------------------------
                                                             TV Zones II
                   FM Class                      TV Zone I      & III
------------------------------------------------------------------------
A.............................................           17           22
B1............................................           19           23
B.............................................           22           26
C3............................................           19           23
C2............................................           22           26
C1............................................           29           33
C.............................................           36           41
------------------------------------------------------------------------


[[Page 87]]


[48 FR 29504, June 27, 1983, as amended at 49 FR 10264, Mar. 20, 1984; 
49 FR 19670, May 9, 1984; 49 FR 50047, Dec. 26, 1984; 51 FR 26250, July 
22, 1986; 54 FR 14963, Apr. 14, 1989; 54 FR 16366, Apr. 24, 1989; 54 FR 
19374, May 5, 1989; 54 FR 35338, Aug. 25, 1989; 56 FR 27426, June 14, 
1991; 56 FR 57293, Nov. 8, 1991; 62 FR 50256, Sept. 25, 1997; 65 FR 
79776, Dec. 20, 2000; 87 FR 15342, Mar. 18, 2022]



Sec. 73.208  Reference points and distance computations.

    (a)(1) The following reference points must be used to determine 
distance separation requirements when petitions to amend the Table of 
Allotments (Sec. 73.202(b)) are considered:
    (i) First, transmitter sites if authorized, or if proposed in 
applications with cut-off protection pursuant to paragraph (a)(3) of 
this section;
    (ii) Second, reference coordinates designated by the FCC;
    (iii) Third, coordinates listed in the United States Department of 
Interior publication entitled Index to the National Atlas of the United 
States of America; or
    (iv) Last, coordinates of the main post office.
    (The community's reference points for which the petition is 
submitted will normally be the coordinates listed in the above 
publication.)
    (2) When the distance between communities is calculated using 
community reference points and it does not meet the minimum separation 
requirements of Sec. 73.207, the channel may still be allotted if a 
transmitter site is available that would meet the minimum separation 
requirements and still permit the proposed station to meet the minimum 
field strength requirements of Sec. 73.315. A showing indicating the 
availability of a suitable site should be sumitted with the petition. In 
cases where a station is not authorized in a community or communities 
and the proposed channel cannot meet the separation requirement a 
showing should also be made indicating adequate distance between 
suitable transmitter sites for all communities.
    (3) Petitions to amend the Table of Allotments that do not meet 
minimum distance separation requirements to transmitter sites specified 
in pending applications will not be considered unless they are filed no 
later than:
    (i) The last day of a filing window if the application is for a new 
FM facility or a major change in the non-reserved band and is filed 
during a filing window established under section 73.3564(d)(3); or
    (ii) The cut-off date established in a Commission Public Notice 
under Sec. 73.3564(d) and 73.3573(e) if the application is for a new FM 
facility or a major change in the reserved band; or
    (iii) The date of receipt of all other types of FM applications. If 
an application is amended so as to create a conflict with a petition for 
rule making filed prior to the date the amendment is filed, the amended 
application will be treated as if filed on the date of the amendment for 
purposes of this paragraph (a)(3).

    Note: If the filing of a conflicting FM application renders an 
otherwise timely filed counterproposal unacceptable, the counterproposal 
may be considered in the rulemaking proceeding if it is amended to 
protect the site of the previously filed FM application within 15 days 
after being placed on the Public Notice routinely issued by the staff 
concerning the filing of counterproposals. No proposals involving 
communities not already included in the proceeding can be introduced 
during the reply comment period as a method of resolving conflicts. The 
counterproponent is required to make a showing that, at the time it 
filed the counterproposal, it did not know, and could not have known by 
exercising due diligence, of the pendency of the conflicting FM 
application.

    (b) Station separations in licensing proceedings shall be determined 
by the distance between the coordinates of the proposed transmitter site 
in one community and
    (1) The coordinates of an authorized transmitter site for the 
pertinent channel in the other community; or, where such transmitter 
site is not available for use as a reference point,
    (2) Reference coordinates designated by the FCC; or, if none are 
designated,
    (3) The coordinates of the other community as listed in the 
publication listed in paragraph (a) of this section; or, if not 
contained therein,
    (4) The coordinates of the main post office of such other community.
    (5) In addition, where there are pending applications in other 
communities which, if granted, would have to be

[[Page 88]]

considered in determining station separations, the coordinates of the 
transmitter sites proposed in such applications must be used to 
determine whether the requirements with respect to minimum separations 
between the proposed stations in the respective cities have been met.
    (c) The method given in this paragraph shall be used to compute the 
distance between two reference points, except that, for computation of 
distance involving stations in Canada and Mexico, the method for 
distance computation specified in the applicable international agreement 
shall be used instead. The method set forth in this paragraph is valid 
only for distances not exceeding 475 km (295 miles).
    (1) Convert the latitudes and longitudes of each reference point 
from degree-minute-second format to degree-decimal format by dividing 
minutes by 60 and seconds by 3600, then adding the results to degrees.
    (2) Calculate the middle latitude between the two reference points 
by averaging the two latitudes as follows:

ML = (LAT1dd + LAT2dd) / 2

    (3) Calculate the number of kilometers per degree latitude 
difference for the middle latitude calculated in paragraph (c)(2) as 
follows:

KPDlat = 111.13209-0.56605 cos(2ML) + 0.00120 cos(4ML)

    (4) Calculate the number of kilometers per degree longitude 
difference for the middle latitude calculated in paragraph (c)(2) as 
follows:

KPDlon = 111.41513 cos(ML)-0.09455 cos(3ML) + 0.00012 
cos(5ML)

    (5) Calculate the North-South distance in kilometers as follows:

NS = KPDlat(LAT1dd-LAT2dd)

    (6) Calculate the East-West distance in kilometers as follows:

EW = KPDlon(LON1dd-LON2dd)

    (7) Calculate the distance between the two reference points by 
taking the square root of the sum of the squares of the East-West and 
North-South distances as follows:

DIST = (NS\2\ + EW\2\)\0.5\

    (8) Round the distance to the nearest kilometer.
    (9) Terms used in this section are defined as follows:
    (i) LAT1dd and LON1dd = the coordinates of the 
first reference point in degree-decimal format.
    (ii) LAT2dd and LON2dd = the coordinates of 
the second reference point in degree-decimal format.
    (iii) ML = the middle latitude in degree-decimal format.
    (iv) KPDlat = the number of kilometers per degree of 
latitude at a given middle latitude.
    (v) KPDlon = the number of kilometers per degree of 
longitude at a given middle latitude.
    (vi) NS = the North-South distance in kilometers.
    (vii) EW = the East-West distance in kilometers.
    (viii) DIST = the distance between the two reference points, in 
kilometers.

[28 FR 13623, Dec. 14, 1963, as amended at 29 FR 14116, Oct. 14, 1964; 
48 FR 29505, June 27, 1983; 52 FR 37788, Oct. 9, 1987; 52 FR 39920, Oct. 
26, 1987; 54 FR 9806, Mar. 8, 1989; 57 FR 36020, Aug. 12, 1992; 58 FR 
38537, July 19, 1993]



Sec. 73.209  Protection from interference.

    (a) Permittees and licensees of FM broadcast stations are not 
protected from any interference which may be caused by the grant of a 
new station, or of authority to modify the facilities of an existing 
station, in accordance with the provisions of this subpart. However, 
they are protected from interference caused by Class D (secondary) 
noncommercial educational FM stations. See Sec. 73.509.
    (b) The nature and extent of the protection from interference 
afforded FM broadcast stations operating on Channels 221-300 is limited 
to that which results when assignments are made in accordance with the 
rules in this subpart.
    (c) Permittees and licensees of FM stations are not protected from 
interference which may be caused by the grant of a new LPFM station or 
of authority to modify an existing LPFM station, except as provided in 
subpart G of this part.

[43 FR 39715, Sept. 6, 1978 and 48 FR 29505, June 27, 1983; 54 FR 9802, 
Mar. 8, 1989; 65 FR 7640, Feb. 15, 2000; 65 FR 67299, Nov. 9, 2000]

[[Page 89]]



Sec. 73.210  Station classes.

    (a) The rules applicable to a particular station, including minimum 
and maximum facilities requirements, are determined by its class. 
Possible class designations depend upon the zone in which the station's 
transmitter is located, or proposed to be located. The zones are defined 
in Sec. 73.205. Allotted station classes are indicated in the Table of 
Allotments, Sec. 73.202. Class A, B1 and B stations may be authorized 
in Zones I and I-A. Class A, C3, C2, C1, C0 and C stations may be 
authorized in Zone II.
    (b) The power and antenna height requirements for each class are set 
forth in Sec. 73.211. If a station has an ERP and an antenna HAAT such 
that it cannot be classified using the maximum limits and minimum 
requirements in Sec. 73.211, its class shall be determined using the 
following procedure:
    (1) Determine the reference distance of the station using the 
procedure in paragraph (b)(1)(i) of Sec. 73.211. If this distance is 
less than or equal to 28 km, the station is Class A; otherwise,
    (2) For a station in Zone I or Zone I-A, except for Puerto Rico and 
the Virgin Islands:
    (i) If this distance is greater than 28 km and less than or equal to 
39 km, the station is Class B1.
    (ii) If this distance is greater than 39 km and less than or equal 
to 52 km, the station is Class B.
    (3) For a station in Zone II:
    (i) If this distance is greater than 28 km and less than or equal to 
39 km, the station is Class C3.
    (ii) If this distance is greater than 39 km and less than or equal 
to 52 km, the station is Class C2.
    (iii) If this distance is greater than 52 km and less than or equal 
to 72 km, the station is Class C1.
    (iv) If this distance is greater than 72 km and less than or equal 
to 83 km, the station is Class C0.
    (v) If this distance is greater than 83 km and less than or equal to 
92 km, the station is Class C.
    (4) For a station in Puerto Rico or the Virgin Islands:
    (i) If this distance is less than or equal to 42 km, the station is 
Class A.
    (ii) If this distance is greater than 42 km and less than or equal 
to 46 km, the station is Class B1.
    (iii) If this distance is greater then 46 km and less than or equal 
to 78 km, the station is Class B.

[52 FR 37788, Oct. 9, 1987; 52 FR 39920, Oct. 26, 1987, as amended at 54 
FR 16367, Apr. 24, 1989; 54 FR 19374, May 5, 1989; 54 FR 35339, Aug. 25, 
1989; 65 FR 79777, Dec. 20, 2000]



Sec. 73.211  Power and antenna height requirements.

    (a) Minimum requirements. (1) Except as provided in paragraphs 
(a)(3) and (b)(2) of this section, FM stations must operate with a 
minimum effective radiated power (ERP) as follows:
    (i) The minimum ERP for Class A stations is 0.1 kW.
    (ii) The ERP for Class B1 stations must exceed 6 kW.
    (iii) The ERP for Class B stations must exceed 25 kW.
    (iv) The ERP for Class C3 stations must exceed 6 kW.
    (v) The ERP for Class C2 stations must exceed 25 kW.
    (vi) The ERP for Class C1 stations must exceed 50 kW.
    (vii) The minimum ERP for Class C and C0 stations is 100 kW.
    (2) Class C0 stations must have an antenna height above average 
terrain (HAAT) of at least 300 meters (984 feet). Class C stations must 
have an antenna height above average terrain (HAAT) of at least 451 
meters (1480 feet).
    (3) Stations of any class except Class A may have an ERP less than 
that specified in paragraph (a)(1) of this section, provided that the 
reference distance, determined in accordance with paragraph (b)(1)(i) of 
this section, exceeds the distance to the class contour for the next 
lower class. Class A stations may have an ERP less than 100 watts 
provided that the reference distance, determined in accordance with 
paragraph (b)(1)(i) of this section, equals or exceeds 6 kilometers.
    (b) Maximum limits. (1) Except for stations located in Puerto Rico 
or the Virgin Islands, the maximum ERP in any direction, reference HAAT, 
and distance to the class contour for each FM station class are listed 
below:

[[Page 90]]



------------------------------------------------------------------------
                                                                 Class
                                                  Reference     contour
   Station class             Maximum ERP           HAAT in     distance
                                                    meters        in
                                                    (ft.)     kilometers
------------------------------------------------------------------------
A..................  6 kW (7.8 dBk)............    100 (328)          28
B1.................  25 kW (14.0 dBk)..........    100 (328)          39
B..................  50 kW (17.0 dBk)..........    150 (492)          52
C3.................  25 kW (14.0 dBk)..........    100 (328)          39
C2.................  50 kW (17.0 dBk)..........    150 (492)          52
C1.................  100 kW (20.0 dBk).........    299 (981)          72
C0.................  100 kW (20.0 dBk).........   450 (1476)          83
C..................  100 kW (20.0 dBk).........   600 (1968)          92
------------------------------------------------------------------------

    (i) The reference distance of a station is obtained by finding the 
predicted distance to the 1mV/m contour using Figure 1 of Sec. 73.333 
and then rounding to the nearest kilometer. Antenna HAAT is determined 
using the procedure in Sec. 73.313. If the HAAT so determined is less 
than 30 meters (100 feet), a HAAT of 30 meters must be used when finding 
the predicted distance to the 1 mV/m contour.
    (ii) If a station's ERP is equal to the maximum for its class, its 
antenna HAAT must not exceed the reference HAAT, regardless of the 
reference distance. For example, a Class A station operating with 6 kW 
ERP may have an antenna HAAT of 100 meters, but not 101 meters, even 
though the reference distance is 28 km in both cases.
    (iii) Except as provided in paragraph (b)(3) of this section, no 
station will be authorized in Zone I or I-A with an ERP equal to 50 kW 
and a HAAT exceeding 150 meters. No station will be authorized in Zone 
II with an ERP equal to 100 kW and a HAAT exceeding 600 meters.
    (2) If a station has an antenna HAAT greater than the reference HAAT 
for its class, its ERP must be lower than the class maximum such that 
the reference distance does not exceed the class contour distance. If 
the antenna HAAT is so great that the station's ERP must be lower than 
the minimum ERP for its class (specified in paragraphs (a)(1) and (a)(3) 
of this section), that lower ERP will become the minimum for that 
station.
    (3) For stations located in Puerto Rico or the Virgin Islands, the 
maximum ERP in any direction, reference HAAT, and distance to the class 
contour for each FM station class are listed below:

------------------------------------------------------------------------
                                                                 Class
                                                  Reference     contour
   Station class             Maximum ERP           HAAT in     distance
                                                    meters        in
                                                    (ft.)     kilometers
------------------------------------------------------------------------
A..................  6kW (7.8 dBk).............    240 (787)          42
B1.................  25kW (14.0 dBk)...........    150 (492)          46
B..................  50kW (17.0 dBk)...........   472 (1549)          78
------------------------------------------------------------------------

    (c) Existing stations. Stations authorized prior to March 1, 1984 
that do not conform to the requirements of this section may continue to 
operate as authorized. Stations operating with facilities in excess of 
those specified in paragraph (b) of this section may not increase their 
effective radiated powers or extend their 1 mV/m field strength contour 
beyond the location permitted by their present authorizations. The 
provisions of this section will not apply to applications to increase 
facilities for those stations operating with less than the minimum power 
specified in paragraph (a) of this section.
    (d) Existing Class C stations below minimum antenna HAAT. Class C 
stations authorized prior to January 19, 2001 that do not meet the 
minimum antenna HAAT specified in paragraph (a)(2) of this section for 
Class C stations may continue to operate as authorized subject to the 
reclassification procedures set forth in Note 4 to Sec. 73.3573.

[53 FR 17042, May 13, 1988, as amended at 54 FR 16367, Apr. 24, 1989; 54 
FR 19374, May 5, 1989; 54 FR 35339, Aug. 25, 1989; 65 FR 79777, Dec. 20, 
2000]



Sec. 73.212  Administrative changes in authorizations.

    (a) In the issuance of FM broadcast station authorizations, the 
Commission will specify the transmitter output power and effective 
radiated power in accordance with the following tabulation:

------------------------------------------------------------------------
                                                                Rounded
                                                                out to
                                                                nearest
                     Power (watts or kW)                        figure
                                                               (watts or
                                                                  kW)
------------------------------------------------------------------------
1 to 3......................................................         .05
3 to 10.....................................................          .1
10 to 30....................................................          .5
30 to 100...................................................           1
100 to 300..................................................           5
300 to 1,000................................................          10
------------------------------------------------------------------------


[[Page 91]]

    (b) Antenna heights above average terrain will be rounded out to the 
nearest meter.

[28 FR 13623, Dec. 14, 1963, as amended at 48 FR 29506, June 27, 1983]



Sec. 73.213  Grandfathered short-spaced stations.

    (a) Stations at locations authorized prior to November 16, 1964, 
that did not meet the separation distances required by Sec. 73.207 and 
have remained continuously short-spaced since that time may be modified 
or relocated with respect to such short-spaced stations, provided that 
(i) any area predicted to receive interference lies completely within 
any area currently predicted to receive co-channel or first-adjacent 
channel interference as calculated in accordance with paragraph (a)(1) 
of this section, or that (ii) a showing is provided pursuant to 
paragraph (a)(2) of this section that demonstrates that the public 
interest would be served by the proposed changes.
    (1) The F(50,50) curves in Figure 1 of Sec. 73.333 are to be used 
in conjunction with the proposed effective radiated power and antenna 
height above average terrain, as calculated pursuant to Sec. 73.313(c), 
(d)(2) and (d)(3), using data for as many radials as necessary, to 
determine the location of the desired (service) field strength. The 
F(50,10) curves in Figure 1a of Sec. 73.333 are to be used in 
conjunction with the proposed effective radiated power and antenna 
height above average terrain, as calculated pursuant to Sec. 73.313(c), 
(d)(2) and (d)(3), using data for as many radials as necessary, to 
determine the location of the undesired (interfering) field strength. 
Predicted interference is defined to exist only for locations where the 
desired (service) field strength exceeds 0.5 mV/m (54 dBu) for a Class B 
station, 0.7 mV/m (57 dBu) for a Class B1 station, and 1 mV/m (60 dBu) 
for any other class of station.
    (i) Co-channel interference is predicted to exist, for the purpose 
of this section, at all locations where the undesired (interfering 
station) F(50,10) field strength exceeds a value 20 dB below the desired 
(service) F(50,50) field strength of the station being considered (e.g., 
where the protected field strength is 60 dBu, the interfering field 
strength must be 40 dBu or more for predicted interference to exist).
    (ii) First-adjacent channel interference is predicted to exist, for 
the purpose of this section, at all locations where the undesired 
(interfering station) F(50,10) field strength exceeds a value 6 dB below 
the desired (service) F(50,50) field strength of the station being 
considered (e.g., where the protected field strength is 60 dBu, the 
interfering field strength must be 54 dBu or more for predicted 
interference to exist).
    (2) For co-channel and first-adjacent channel stations, a showing 
that the public interest would be served by the changes proposed in an 
application must include exhibits demonstrating that the total area and 
population subject to co-channel or first-adjacent channel interference, 
caused and received, would be maintained or decreased. In addition, the 
showing must include exhibits demonstrating that the area and the 
population subject to co-channel or first-adjacent channel interference 
caused by the proposed facility to each short-spaced station 
individually is not increased. In all cases, the applicant must also 
show that any area predicted to lose service as a result of new co-
channel or first-adjacent-channel interference has adequate aural 
service remaining. For the purpose of this section, adequate service is 
defined as 5 or more aural services (AM or FM).
    (3) For co-channel and first-adjacent-channel stations, a copy of 
any application proposing interference caused in any areas where 
interference is not currently caused must be served upon the licensee(s) 
of the affected short-spaced station(s).
    (4) For stations covered by this paragraph (a), there are no 
distance separation or interference protection requirements with respect 
to second-adjacent and third-adjacent channel short-spacings that have 
existed continuously since November 16, 1964.
    (b) Stations at locations authorized prior to May 17, 1989, that did 
not meet the IF separation distances required by Sec. 73.207 and have 
remained short-spaced since that time may be modified or relocated 
provided that the overlap area

[[Page 92]]

of the two stations' 36 mV/m field strength contours is not increased.
    (c) Short spacings involving at least one Class A allotment or 
authorization. Stations that became short spaced on or after November 
16, 1964 (including stations that do not meet the minimum distance 
separation requirements of paragraph (c)(1) of this section and that 
propose to maintain or increase their existing distance separations) may 
be modified or relocated in accordance with paragraph (c)(1) or (c)(2) 
of this section, except that this provision does not apply to stations 
that became short spaced by grant of applications filed after October 1, 
1989, or filed pursuant to Sec. 73.215. If the reference coordinates of 
an allotment are short spaced to an authorized facility or another 
allotment (as a result of the revision of Sec. 73.207 in the Second 
Report and Order in MM Docket No. 88-375), an application for the 
allotment may be authorized, and subsequently modified after grant, in 
accordance with paragraph (c)(1) or (c)(2) of this section only with 
respect to such short spacing. No other stations will be authorized 
pursuant to these paragraphs.
    (1) Applications for authorization under requirements equivalent to 
those of prior rules. Each application for authority to operate a Class 
A station with no more than 3000 watts ERP and 100 meters antenna HAAT 
(or equivalent lower ERP and higher antenna HAAT based on a class 
contour distance of 24 km) must specify a transmitter site that meets 
the minimum distance separation requirements in this paragraph. Each 
application for authority to operate a Class A station with more than 
3000 watts ERP (up to a maximum of 5800 watts), but with an antenna HAAT 
lower than 100 meters such that the distance to the predicted 0.05 mV/m 
(34 dB[micro]V/m) F(50,10) field strength contour does not exceed 98 km 
must specify a transmitter site that meets the minimum distance 
separation requirements in this paragraph. Each application for 
authority to operate an FM station of any class other than Class A must 
specify a transmitter site that meets the minimum distance separation 
requirements in this paragraph with respect to Class A stations 
operating pursuant to this paragraph or paragraph (c)(2) of this 
section, and that meets the minimum distance separation requirements of 
Sec. 73.207 with respect to all other stations.

                         Minimum Distance Separation Requirements in Kilometers (miles)
----------------------------------------------------------------------------------------------------------------
              Relation                    Co-channel          200 kHz          400/600 kHz       10.6/10.8 MHz
----------------------------------------------------------------------------------------------------------------
A to A..............................           105 (65)            64 (40)            27 (17)              8 (5)
A to B1.............................           138 (86)            88 (55)            48 (30)             11 (6)
A to B..............................          163 (101)           105 (65)            69 (43)             14 (9)
A to C3.............................           138 (86)            84 (52)            42 (26)             11 (6)
A to C2.............................          163 (101)           105 (65)            55 (34)             14 (9)
A to C1.............................          196 (122)           129 (80)            74 (46)            21 (13)
A to C..............................          222 (138)          161 (100)            94 (58)            28 (17)
----------------------------------------------------------------------------------------------------------------

    (2) Applications for authorization of Class A facilities greater 
than 3,000 watts ERP and 100 meters HAAT. Each application to operate a 
Class A station with an ERP and HAAT such that the reference distance 
would exceed 24 kilometers must contain an exhibit demonstrating the 
consent of the licensee of each co-channel, first, second or third 
adjacent channel station (for which the requirements of Sec. 73.207 are 
not met) to a grant of that application. Each such application must 
specify a transmitter site that meets the applicable IF-related channel 
distance separation requirements of Sec. 73.207. Applications that 
specify a new transmitter site which is short-spaced to an FM station 
other than another Class A station which is seeking a mutual increase in 
facilities may be granted only if no alternative fully-spaced site or 
less short-spaced site is available. Licensees of Class A stations 
seeking mutual increases in facilities need not show that a fully spaced 
site or less short-spaced site is available. Applications submitted 
pursuant to the provisions of this paragraph may be granted

[[Page 93]]

only if such action is consistent with the public interest.

[52 FR 37789, Oct. 9, 1987, as amended at 54 FR 14964, Apr. 14, 1989; 54 
FR 35339, Aug. 25, 1989; 56 FR 27426, June 14, 1991; 62 FR 50521, Sept. 
26, 1997; 63 FR 33876, June 22, 1998]



Sec. 73.215  Contour protection for short-spaced assignments.

    The Commission will accept applications that specify short-spaced 
antenna locations (locations that do not meet the domestic co-channel 
and adjacent channel minimum distance separation requirements of Sec. 
73.207); Provided That, such applications propose contour protection, as 
defined in paragraph (a) of this section, with all short-spaced 
assignments, applications and allotments, and meet the other applicable 
requirements of this section. Each application to be processed pursuant 
to this section must specifically request such processing on its face, 
and must include the necessary exhibit to demonstrate that the requisite 
contour protection will be provided. Such applications may be granted 
when the Commission determines that such action would serve the public 
interest, convenience, and necessity.
    (a) Contour protection. Contour protection, for the purpose of this 
section, means that on the same channel and on the first, second and 
third adjacent channels, the predicted interfering contours of the 
proposed station do not overlap the predicted protected contours of 
other short-spaced assignments, applications and allotments, and the 
predicted interfering contours of other short-spaced assignments, 
applications and allotments do not overlap the predicted protected 
contour of the proposed station.
    (1) The protected contours, for the purpose of this section, are 
defined as follows. For all Class B and B1 stations on Channels 221 
through 300 inclusive, the F(50,50) field strengths along the protected 
contours are 0.5 mV/m (54 dB[micro]) and 0.7 mV/m (57 dB[micro]), 
respectively. For all other stations, the F(50,50) field strength along 
the protected contour is 1.0 mV/m (60 dB[micro]).
    (2) The interfering contours, for the purpose of this section, are 
defined as follows. For co-channel stations, the F(50,10) field strength 
along the interfering contour is 20 dB lower than the F(50,50) field 
strength along the protected contour for which overlap is prohibited. 
For first adjacent channel stations (200 kHz), the 
F(50,10) field strength along the interfering contour is 6 dB lower than 
the F(50,50) field strength along the protected contour for which 
overlap is prohibited. For both second and third adjacent channel 
stations (400 kHz and 600 
kHz), the F(50,10) field strength along the interfering contour is 40 dB 
higher than the F(50,50) field strength along the protected contour for 
which overlap is prohibited.
    (3) The locations of the protected and interfering contours of the 
proposed station and the other short-spaced assignments, applications 
and allotments must be determined in accordance with the procedures of 
paragraphs (c), (d)(2) and (d)(3) of Sec. 73.313, using data for as 
many radials as necessary to accurately locate the contours.
    (4) Protected and interfering contours (in dBu) for stations in 
Puerto Rico and the U.S. Virgin Islands are as follows:

----------------------------------------------------------------------------------------------------------------
                                                           Station with protected contour
                                   -----------------------------------------------------------------------------
 Station with interfering contour            Class A                  Class B1                   Class B
                                   -----------------------------------------------------------------------------
                                    Interfering   Protected   Interfering   Protected   Interfering   Protected
----------------------------------------------------------------------------------------------------------------
Co-Channel:
    Class A.......................           46           66           41           61           40           60
    Class B1......................           43           63           39           59           38           58
    Class B.......................           45           65           41           61           41           61
1st Adj. Channel:
    Class A.......................           61           67           56           62           59           65
    Class B1......................           57           63           54           60           54           60
    Class B.......................           62           68           56           62           57           63
2nd-3rd Adj. Channel:
    Class A.......................          107           67          100           60          104           64
    Class B1......................           99           59          100           60          104           64

[[Page 94]]

 
    Class B.......................           94           54           94           54          104          64
----------------------------------------------------------------------------------------------------------------
Maximum permitted facilities assumed for each station pursuant to 47 CFR 73.211(b)(3):
6 kW ERP/240 meters HAAT--Class A
25 kW ERP/150 meters HAAT--Class B1
50 kW ERP/472 meters HAAT--Class B

    (b) Applicants requesting short-spaced assignments pursuant to this 
section must take into account the following factors in demonstrating 
that contour protection is achieved:
    (1) The ERP and antenna HAAT of the proposed station in the 
direction of the contours of other short-spaced assignments, 
applications and allotments. If a directional antenna is proposed, the 
pattern of that antenna must be used to calculate the ERP in particular 
directions. See Sec. 73.316 for additional requirements for directional 
antennas.
    (2) The ERP and antenna HAAT of other short-spaced assignments, 
applications and allotments in the direction of the contours of the 
proposed station. The ERP and antenna HAATs in the directions of concern 
must be determined as follows:
    (i) For vacant allotments, contours are based on the presumed use, 
at the allotment's reference point, of the maximum ERP that could be 
authorized for the station class of the allotment, and antenna HAATs in 
the directions of concern that would result from a non-directional 
antenna mounted at a standard eight-radial antenna HAAT equal to the 
reference HAAT for the station class of the allotment.
    (ii) For existing stations that were not authorized pursuant to this 
section, including stations with authorized ERP that exceeds the maximum 
ERP permitted by Sec. 73.211 for the standard eight-radial antenna HAAT 
employed, and for applications not requesting authorization pursuant to 
this section, contours are based on the presumed use of the maximum ERP 
for the applicable station class (as specified in Sec. 73.211), and the 
antenna HAATs in the directions of concern that would result from a non-
directional antenna mounted at a standard eight-radial antenna HAAT 
equal to the reference HAAT for the applicable station class, without 
regard to any other restrictions that may apply (e.g. zoning laws, FAA 
constraints, application of Sec. 73.213).
    (iii) For stations authorized pursuant to this section, except 
stations with authorized ERP that exceeds the maximum ERP permitted by 
Sec. 73.211 for the standard eight-radial antenna HAAT employed, 
contours are based on the use of the authorized ERP in the directions of 
concern, and HAATs in the directions of concern derived from the 
authorized standard eight-radial antenna HAAT. For stations with 
authorized ERP that exceeds the maximum ERP permitted by Sec. 73.211 
for the standard eight-radial antenna HAAT employed, authorized under 
this section, contours are based on the presumed use of the maximum ERP 
for the applicable station class (as specified in Sec. 73.211), and 
antenna HAATs in the directions of concern that would result from a non-
directional antenna mounted at a standard eight-radial antenna HAAT 
equal to the reference HAAT for the applicable station class, without 
regard to any other restrictions that may apply.
    (iv) For applications containing a request for authorization 
pursuant to this section, except for applications to continue operation 
with authorized ERP that exceeds the maximum ERP permitted by Sec. 
73.211 for the standard eight-radial antenna HAAT employed, contours are 
based on the use of the proposed ERP in the directions of concern, and 
antenna HAATs in the directions of concern derived from the proposed 
standard eight-radial antenna HAAT. For applications to continue 
operation with an ERP that exceeds the maximum ERP permitted by Sec. 
73.211 for the standard eight-radial HAAT employed, if processing is 
requested under this section, contours

[[Page 95]]

are based on the presumed use of the maximum ERP for the applicable 
station class (as specified in Sec. 73.211), and antenna HAATs in the 
directions of concern that would result from a nondirectional antenna 
mounted at a standard eight-radial antenna HAAT equal to the reference 
HAAT for the applicable station class, without regard to any other 
restrictions that may apply.

    Note to paragraph (b): Applicants are cautioned that the antenna 
HAAT in any particular direction of concern will not usually be the same 
as the standard eight-radial antenna HAAT or the reference HAAT for the 
station class.

    (c) Applications submitted for processing pursuant to this section 
are not required to propose contour protection of any assignment, 
application or allotment for which the minimum distance separation 
requirements of Sec. 73.207 are met, and may, in the directions of 
those assignments, applications and allotments, employ the maximum ERP 
permitted by Sec. 73.211 for the standard eight-radial antenna HAAT 
employed.
    (d) Stations authorized pursuant to this section may be subsequently 
authorized on the basis of compliance with the domestic minimum 
separation distance requirements of Sec. 73.207, upon filing of an FCC 
Form 301 or FCC Form 340 (as appropriate) requesting a modification of 
authorization.
    (e) The Commission will not accept applications that specify a 
short-spaced antenna location for which the following minimum distance 
separation requirements, in kilometers (miles), are not met:

------------------------------------------------------------------------
                                                                400/600
              Relation                Co-Channel    200 kHz       kHz
------------------------------------------------------------------------
A to A..............................     92 (57)     49 (30)     25 (16)
A to B1.............................    119 (74)     72 (45)     42 (26)
A to B..............................    143 (89)     96 (60)     63 (39)
A to C3.............................    119 (74)     72 (45)     36 (22)
A to C2.............................    143 (89)     89 (55)     49 (30)
A to C1.............................   178 (111)    111 (69)     69 (43)
A to C0.............................   193 (120)    130 (81)     80 (50)
A to C..............................   203 (126)    142 (88)     89 (55)
B1 to B1............................    143 (89)     96 (60)     44 (27)
B1 to B.............................   178 (111)    114 (71)     65 (40)
B1 to C3............................    143 (89)     96 (60)     44 (27)
B1 to C2............................   175 (109)    114 (71)     50 (31)
B1 to C1............................   200 (124)    134 (83)     71 (44)
B1 to C0............................  0215 (134)    153 (95)     81 (50)
B1 to C.............................   233 (145)   165 (103)     99 (61)
B to B..............................   211 (131)    145 (90)     68 (42)
B to C3.............................   178 (111)    114 (70)     65 (40)
B to C2.............................   211 (131)    145 (90)     68 (42)
B to C1.............................   241 (150)   169 (105)     73 (45)
B to C0.............................   266 (165)   195 (121)     83 (52)
B to C..............................   268 (163)   195 (121)     99 (61)
C3 to C3............................    142 (88)     89 (55)     37 (23)
C3 to C2............................   166 (103)    106 (66)     50 (31)
C3 to C1............................   200 (124)    133 (83)     70 (43)
C3to C0.............................   215 (134)    152 (94)     81 (50)
C3 to C.............................   226 (140)   165 (103)     90 (56)
C2 to C2............................   177 (110)    117 (73)     52 (32)
C2 to C1............................   211 (131)    144 (90)     73 (45)
C2 to C0............................   227 (141)   163 (101)     83 (52)
C2 to C.............................   237 (147)   176 (109)     96 (61)
C1 to C1............................   224 (139)    158 (98)     76 (47)
C1 to C0............................   239 (148)   176 (109)     88 (55)
C1 to C.............................   249 (155)   188 (117)     99 (61)
C0 to C0............................   259 (161)   196 (122)     90 (56)
C0 to C.............................   270 (168)    207 (129     99 (61)
C to C..............................   270 (168)   209 (130)     99 (61)
------------------------------------------------------------------------


[54 FR 9802, Mar. 8, 1989, as amended at 54 FR 35340, Aug. 25, 1989; 56 
FR 57294, Nov. 8, 1991; 57 FR 46325, Oct. 8, 1992; 65 FR 79777, Dec. 20, 
2000; 66 FR 8149, Jan. 29, 2001]



Sec. 73.220  Restrictions on use of channels.

    (a) The frequency 89.1 MHz (channel 206) is revised in the New York 
City metropolitan area for the use of the United Nations with the 
equivalent of an antenna height of 150 meters (492 feet) above average 
terrain and effective radiated power of 20 kWs, and the FCC will make no 
assignments which would cause objectionable interference with such use.
    (b) [Reserved]

[43 FR 45845, Oct. 4, 1978, as amended at 46 FR 50376, Oct. 13, 1981, 47 
FR 30068, July 12, 1982; 48 FR 29507, June 27, 1983; 70 FR 46676, Aug. 
10, 2005]



Sec. 73.232  Territorial exclusivity.

    No licensee of an FM broadcast station shall have any arrangement 
with a network organization which prevents or hinders another station 
serving substantially the same area from broadcasting the network's 
programs not taken by the former station, or which prevents or hinders 
another station serving a substantially different area from broadcasting 
any program of the network organization: Provided, however, That this 
section does not prohibit arrangements under which the station is 
granted first call within its primary service area upon the network's 
programs. The term ``network organization'' means any organization 
originating program material, with or

[[Page 96]]

without commercial messages, and furnishing the same to stations 
interconnected so as to permit simultaneous broadcast by all or some of 
them. However, arrangements involving only stations under common 
ownership, or only the rebroadcast by one station of programming from 
another with no compensation other than a lump-sum payment by the 
station rebroadcasting, are not considered arrangements with a network 
organization. The term ``arrangement`` means any contract, arrangement 
or understanding, express or implied.

[42 FR 16422, Mar. 28, 1977, as amended at 57 FR 48333, Oct. 23, 1992]



Sec. 73.258  Indicating instruments.

    (a) Each FM broadcast station shall be equipped with indicating 
instruments which conform with the specifications described in Sec. 
73.1215 for determining power by the indirect method; for indicating the 
relative amplitude of the transmission line radio frequency current, 
voltage, or power; and with such other instruments as are necessary for 
the proper adjustment, operation, and maintenance of the transmitting 
system.
    (b) The function of each instrument shall be clearly and permanently 
shown in the instrument itself or on the panel immediately adjacent 
thereto.
    (c) In the event that any one of these indicating instruments 
becomes defective when no substitute which conforms with the required 
specifications is available, the station may be operated without the 
defective instrument pending its repair or replacement for a period not 
in excess of 60 days without further authority of the FCC: Provided 
that, if the defective instrument is the transmission line meter of a 
station which determines the output power by the direct method, the 
operating power shall be determined by the indirect method in accordance 
with Sec. 73.267(c) during the entire time the station is operated 
without the transmission line meter.
    (d) If conditions beyond the control of the licensee prevent the 
restoration of the meter to service within the above allowed period, an 
informal letter request in accordance with Sec. 73.3549 may be filed 
with the FCC, Attention: Audio Division, Media Bureau, in Washington, DC 
for such additional time as may be required to complete repairs of the 
defective instrument.

[41 FR 36818, Sept. 1, 1976, as amended at 48 FR 44805, Sept. 30, 1983; 
50 FR 32416, Aug. 12, 1985; 63 FR 33876, June 22, 1998; 67 FR 13231, 
Mar. 21, 2002]



Sec. 73.267  Determining operating power.

    (a) The operating power of each FM station is to be determined by 
either the direct or indirect method.
    (b) Direct method. The direct method of power determination for an 
FM station uses the indications of a calibrated transmission line meter 
(responsive to relative voltage, current, or power) located at the RF 
output terminals of the transmitter. This meter must be calibrated 
whenever there is any indication that the calibration is inaccurate or 
whenever any component of the metering circuit is repaired or replaced. 
The calibration must cover, as a minimum, the range from 90% to 105% of 
authorized power. The meter calibration may be checked by measuring the 
power at the transmitter terminals while either:
    (1) Operating the transmitter into the transmitting antenna, and 
determining actual operating power by the indirect method described in 
Sec. 73.267(c); or
    (2) Operating the transmitter into a load (of substantially zero 
reactance and a resistance equal to the transmission line characteristic 
impedance) and using an electrical device (within 5% accuracy) or temperature and coolant flow indicator 
(within 4% accuracy) to determine the power.
    (3) The calibration must cover, as a minimum, the range from 90% to 
105% of authorized power and the meter must provide clear indications 
which will permit maintaining the operating power within the prescribed 
tolerance or the meter shall be calibrated to read directly in power 
units.
    (c) Indirect method. The operating power is determined by the 
indirect method by applying an appropriate factor to the input power to 
the last radio-frequency power amplifier stage of the transmitter, using 
the following formula:


[[Page 97]]


Transmitter output power = Ep x Ip x F

Where:

Ep = DC input voltage of final radio stage.
Ip = Total DC input current of final radio stage.
F = Efficiency factor.

    (1) If the above formula is not appropriate for the design of the 
transmitter final amplifier, use a formula specified by the transmitter 
manufacturer with other appropriate operating parameters.
    (2) The value of the efficiency factor, F, established for the 
authorized transmitter output power is to be used for maintaining the 
operating power, even though there may be some variation in F over the 
power operating range of the transmitter.
    (3) The value of F is to be determined and a record kept thereof by 
one of the following procedures listed in order of preference:
    (i) Using the most recent measurement data for calibration of the 
transmission line meter according to the procedures described in 
paragraph (b) of this section or the most recent measurements made by 
the licensee establishing the value of F. In the case of composite 
transmitters or those in which the final amplifier stages have been 
modified pursuant to FCC approval, the licensee must furnish the FCC and 
also retain with the station records the measurement data used as a 
basis for determining the value of F.
    (ii) Using measurement data shown on the transmitter manufacturer's 
test data supplied to the licensee; Provided, That measurements were 
made at the authorized frequency and transmitter output power.
    (iii) Using the transmitter manufacturer's measurement data 
submitted to the FCC for type acceptance and as shown in the instruction 
book supplied to the licensee.

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[44 FR 58731, Oct. 11, 1979, as amended at 45 FR 28141, Apr. 28, 1980; 
48 FR 38479, Aug. 24, 1983; 49 FR 4210, Feb. 3, 1984; 49 FR 49851, Dec. 
24, 1984]



Sec. 73.277  Permissible transmissions.

    (a) No FM broadcast licensee or permittee shall enter into any 
agreement, arrangement or understanding, oral or written, whereby it 
undertakes to supply, or receives consideration for supplying, on its 
main channel a functional music, background music, or other subscription 
service (including storecasting) for reception in the place or places of 
business of any subscriber.
    (b) The transmission (or interruption) of radio energy in the FM 
broadcast band is permissible only pursuant to a station license, 
program test authority, construction permit, or experimental 
authorization and the provisions of this part of the rules.

[29 FR 7471, June 10, 1964. Redesignated at 39 FR 38655, Nov. 1, 1974 
and amended at 48 FR 28454, June 22, 1983]



Sec. 73.293  Use of FM multiplex subcarriers.

    Licensees of FM broadcast stations may transmit, without further 
authorization, subcarrier communication services in accordance with the 
provisions of Sec. Sec. 73.319 and 73.322.

[51 FR 17028, May 8, 1986]



Sec. 73.295  FM subsidiary communications services.

    (a) Subsidiary communication services are those transmitted on a 
subcarrier within the FM baseband signal, but do not include services 
which enhance the main program broadcast service, or exclusively relate 
to station operations (see Sec. 73.293). Subsidiary communications 
include, but are not limited to services such as functional music, 
specialized foreign language programs, radio reading services, utility 
load management, market and financial data and news, paging and calling, 
traffic control signal switching, bilingual television audio, and point 
to point or multipoint messages.
    (b) FM subsidiary communications services that are common carrier in 
nature are subject to common carrier regulation. Licensees operating 
such services are required to apply to the FCC for the appropriate 
authorization and to comply with all policies and rules applicable to 
the service. Responsibility for making the initial determinations of 
whether a particular activity is common carriage rests with the FM 
station licensee. Initial determinations by licensees are subject to

[[Page 98]]

FCC examination and may be reviewed at the FCC's discretion.
    (c) Subsidiary communications services are of a secondary nature 
under the authority of the FM station authorization, and the authority 
to provide such communications services may not be retained or 
transferred in any manner separate from the station's authorization. The 
grant or renewal of an FM station permit or license is not furthered or 
promoted by proposed or past services. The permittee or licensee must 
establish that the broadcast operation is in the public interest wholly 
apart from the subsidiary communications services provided.
    (d) The station identification, delayed recording and sponsor 
identification announcements required by Sec. Sec. 73.1201, 73.1208, 
and 73.1212 are not applicable to material transmitted under an SCA.
    (e) The licensee or permittee must retain control over all material 
transmitted in a broadcast mode via the station's facilities, with the 
right to reject any material that it deems inappropriate or undesirable.

[48 FR 28454, June 22, 1983, as amended at 48 FR 44805, Sept. 30, 1983; 
49 FR 33663, Aug. 15, 1984; 50 FR 32416, Aug. 12, 1985; 57 FR 48333, 
Oct. 23, 1992]



Sec. 73.297  FM stereophonic sound broadcasting.

    (a) An FM broadcast station may, without specific authority from the 
FCC, transmit stereophonic (biphonic, quadraphonic, etc.) sound programs 
upon installation of stereophonic sound transmitting equipment under the 
provisions of Sec. Sec. 2.1001, 73.322, and 73.1590 of the Rules. Prior 
to commencement of stereophonic sound broadcasting, equipment 
performance measurements must be made to ensure that the transmitted 
signal complies with all applicable rules and standards.
    (b) Each licensee or permittee engaging in multichannel broadcasting 
must measure the pilot subcarrier frequency as often as necessary to 
ensure that it is kept at all times within 2 Hz of the authorized 
frequency.

[48 FR 28454, June 22, 1983, and 48 FR 38479, Aug. 24, 1983]



Sec. 73.310  FM technical definitions.

    (a) Frequency modulation. Antenna height above average terrain 
(HAAT). HAAT is calculated by: determining the average of the antenna 
heights above the terrain from 3 to 16 kilometers (2 to 10 miles) from 
the antenna for the eight directions evenly spaced for each 45[deg] of 
azimuth starting with True North (a different antenna height will be 
determined in each direction from the antenna): and computing the 
average of these separate heights. In some cases less than eight 
directions may be used. (See Sec. 73.313(d).) Where circular or 
elliptical polarization is used, the antenna height above average 
terrain must be based upon the height of the radiation of the antenna 
that transmits the horizontal component of radiation.
    Antenna power gain. The square of the ratio of the root-mean-square 
(RMS) free space field strength produced at 1 kilometer in the 
horizontal plane in millivolts per meter for 1 kW antenna input power to 
221.4 mV/m. This ratio is expressed in decibels (dB). If specified for a 
particular direction, antenna power gain is based on that field strength 
in the direction only.
    Auxiliary facility. An auxiliary facility is an antenna separate 
from the main facility's antenna, permanently installed on the same 
tower or at a different location, from which a station may broadcast for 
short periods without prior Commission authorization or notice to the 
Commission while the main facility is not in operation (e.g., where 
tower work necessitates turning off the main antenna or where lightning 
has caused damage to the main antenna or transmission system) (See Sec. 
73.1675).
    Center frequency. The term ``center frequency'' means:
    (1) The average frequency of the emitted wave when modulated by a 
sinusoidal signal.
    (2) The frequency of the emitted wave without modulation.
    Composite antenna pattern. The composite antenna pattern is a 
relative field horizontal plane pattern for 360 degrees of azimuth, for 
which the value at a particular azimuth is the greater of the 
horizontally polarized or vertically polarized component relative

[[Page 99]]

field values. The composite antenna pattern is normalized to a maximum 
of unity (1.000) relative field.
    Composite baseband signal. A signal which is composed of all program 
and other communications signals that frequency modulates the FM 
carrier.
    Effective radiated power. The term ``effective radiated power'' 
means the product of the antenna power (transmitter output power less 
transmission line loss) times: (1) The antenna power gain, or (2) the 
antenna field gain squared. Where circular or elliptical polarization is 
employed, the term effective radiated power is applied separately to the 
horizontal and vertical components of radiation. For allocation 
purposes, the effective radiated power authorized is the horizontally 
polarized component of radiation only.
    Equivalent isotropically radiated power (EIRP). The term 
``equivalent isotropically radiated power (also known as ``effective 
radiated power above isotropic) means the product of the antenna input 
power and the antenna gain in a given direction relative to an isotropic 
antenna.
    FM Blanketing. Blanketing is that form of interference to the 
reception of other broadcast stations which is caused by the presence of 
an FM broadcast signal of 115 dBu (562 mV/m) or greater signal strength 
in the area adjacent to the antenna of the transmitting station. The 115 
dBu contour is referred to as the blanketing contour and the area within 
this contour is referred to as the blanketing area.
    FM broadcast band. The band of frequencies extending from 88 to 108 
MHz, which includes those assigned to noncommercial educational 
broadcasting.
    FM broadcast channel. A band of frequencies 200 kHz wide and 
designated by its center frequency. Channels for FM broadcast stations 
begin at 88.1 MHz and continue in successive steps of 200 kHz to and 
including 107.9 MHz.
    FM broadcast station. A station employing frequency modulation in 
the FM broadcast band and licensed primarily for the transmission of 
radiotelephone emissions intended to be received by the general public.
    Field strength. The electric field strength in the horizontal plane.
    Free space field strength. The field strength that would exist at a 
point in the absence of waves reflected from the earth or other 
reflecting objects.
    Frequency departure. The amount of variation of a carrier frequency 
or center frequency from its assigned value.
    Frequency deviation. The peak difference between modulated wave and 
the carrier frequency.
    Frequency modulation. A system of modulation where the instantaneous 
radio frequency varies in proportion to the instantaneous amplitude of 
the modulating signal (amplitude of modulating signal to be measured 
after pre-emphasis, if used) and the instantaneous radio frequency is 
independent of the frequency of the modulating signal.
    Frequency swing. The peak difference between the maximum and the 
minimum values of the instantaneous frequency of the carrier wave during 
modulation.
    Multiplex transmission. The term ``multiplex transmission'' means 
the simultaneous transmission of two or more signals within a single 
channel. Multiplex transmission as applied to FM broadcast stations 
means the transmission of facsimile or other signals in addition to the 
regular broadcast signals.
    Percentage modulation. The ratio of the actual frequency deviation 
to the frequency deviation defined as 100% modulation, expressed in 
percentage. For FM broadcast stations, a frequency deviation of 75kHz is defined as 100% modulation.
    (b) Stereophonic sound broadcasting. Cross-talk. An undesired signal 
occurring in one channel caused by an electrical signal in another 
channel.
    FM stereophonic broadcast. The transmission of a stereophonic 
program by a single FM broadcast station utilizing the main channel and 
a stereophonic subchannel.
    Left (or right) signal. The electrical output of a microphone or 
combination of microphones placed so as to convey the intensity, time, 
and location of sounds originating predominately to the listener's left 
(or right) of the center of the performing area.
    Left (or right) stereophonic channel. The left (or right) signal as 
electrically

[[Page 100]]

reproduced in reception of FM stereophonic broadcasts.
    Main channel. The band of frequencies from 50 to 15,000 Hz which 
frequency-modulate the main carrier.
    Pilot subcarrier. A subcarrier that serves as a control signal for 
use in the reception of FM stereophonic sound broadcasts.
    Stereophonic separation. The ratio of the electrical signal caused 
in sound channel A to the signal caused in sound channel B by the 
transmission of only a channel B signal. Channels A and B may be any two 
channels of a stereophonic sound broadcast transmission system.
    Stereophonic sound. The audio information carried by plurality of 
channels arranged to afford the listener a sense of the spatial 
distribution of sound sources. Stereophonic sound broadcasting includes, 
but is not limited to, biphonic (two channel), triphonic (three channel) 
and quadrophonic (four channel) program services.
    Stereophonic sound subcarrier. A subcarrier within the FM broadcast 
baseband used for transmitting signals for stereophonic sound reception 
of the main broadcast program service.
    Stereophonic sound subchannel. The band of frequencies from 23 kHz 
to 99 kHz containing sound subcarriers and their associated sidebands.
    (c) Visual transmissions. Communications or message transmitted on a 
subcarrier intended for reception and visual presentation on a viewing 
screen, teleprinter, facsimile printer, or other form of graphic display 
or record.
    (d) Control and telemetry transmissions. Signals transmitted on a 
multiplex subcarrier intended for any form of control and switching 
functions or for equipment status data and aural or visual alarms.

[28 FR 13623, Dec. 14, 1963, as amended at 39 FR 10575, Mar. 21, 1974; 
44 FR 36038, June 20, 1979; 48 FR 28454, June 22, 1983; 48 FR 29507, 
June 27, 1983; 48 FR 37216, Aug. 17, 1983; 49 FR 45145, Nov. 15, 1984; 
57 FR 48333, Oct. 23, 1992; 62 FR 51058, Sept. 30, 1997]



Sec. 73.311  Field strength contours.

    (a) Applications for FM broadcast authorizations must show the field 
strength contours required by FCC Form 301 or FCC Form 340, as 
appropriate.
    (b) The field strength contours provided for in this section shall 
be considered for the following purposes only:
    (1) In the estimation of coverage resulting from the selection of a 
particular transmitter site by an applicant for an FM broadcast station.
    (2) In connection with problems of coverage arising out of 
application of Sec. 73.3555.
    (3) In determining compliance with Sec. 73.315(a) concerning the 
minimum field strength to be provided over the principal community to be 
served.
    (4) In determining compliance with Sec. 73.215 concerning contour 
protection.

[28 FR 13623, Dec. 14, 1963, as amended at 31 FR 10126, July 27, 1966; 
32 FR 11471, Aug. 9, 1967; 52 FR 10570, Apr. 2, 1987; 54 FR 9802, Mar. 
8, 1989]



Sec. 73.312  Topographic data.

    (a) In the preparation of the profile graphs previously described, 
and in determining the location and height above mean sea level of the 
antenna site, the elevation or contour intervals shall be taken from 
United States Geological Survey Topographic Quadrangle Maps, United 
States Army Corps of Engineers Maps or Tennessee Valley Authority maps, 
whichever is the latest, for all areas for which such maps are 
available. If such maps are not published for the area in question, the 
next best topographic information should be used. Topographic data may 
sometimes be obtained from state and municipal agencies. The data from 
the Sectional Aeronautical Charts (including bench marks) or railroad 
depot elevations and highway elevations from road maps may be used where 
no better information is available. In cases where limited topographic 
data can be obtained, use may be made of an altimeter in a car driven 
along roads extending generally radially from the transmitter site.
    (b) The Commission will not ordinarily require the submission of 
topographical maps for areas beyond 24 km (15 miles) from the antenna 
site, but the maps must include the principal city or cities to be 
served. If it appears necessary, additional data may be requested.

[[Page 101]]

    (c) The U.S. Geological Survey Topography Quadrangle Sheets may be 
obtained from the U.S. Geological Survey Department of the Interior, 
Washington, DC 20240. The Sectional Aeronautical Charts are available 
from the U.S. Coast and Geodetic Survey, Department of Commerce, 
Washington, DC 20235. These maps may also be secured from branch offices 
and from authorized agents or dealers in most principal cities.
    (d) In lieu of maps, the average terrain elevation may be computer 
generated except in cases of dispute, using elevations from a 30 second, 
point or better topographic data file. The file must be identified and 
the data processed for intermediate points along each radial using 
linear interpolation techniques. The height above mean sea level of the 
antenna site must be obtained manually using appropriate topographic 
maps.

[28 FR 13623, Dec. 14, 1963, as amended at 31 FR 10126, July 27, 1966; 
49 FR 48937, Dec. 17, 1984; 58 FR 44950, Aug. 25, 1993; 63 FR 33877, 
June 22, 1998]



Sec. 73.313  Prediction of coverage.

    (a) All predictions of coverage made pursuant to this section shall 
be made without regard to interference and shall be made only on the 
basis of estimated field strengths.
    (b) Predictions of coverage shall be made only for the same purposes 
as relate to the use of field strength contours as specified in Sec. 
73.311.
    (c) In predicting the distance to the field strength contours, the 
F(50,50) field strength chart, Figure 1 of Sec. 73.333 must be used. 
The 50% field strength is defined as that value exceeded for 50% of the 
time.
    (1) The F(50,50) chart gives the estimated 50% field strengths 
exceeded at 50% of the locations in dB above 1 uV/m. The chart is based 
on an effective power radiated from a half-wave dipole antenna in free 
space, that produces an unattenuated field strength at 1 kilometer of 
about 107 dB above 1 uV/m (221.4 mV/m).
    (2) To use the chart for other ERP values, convert the ordinate 
scale by the appropriate adjustment in dB. For example, the ordinate 
scale for an ERP of 50 kW should be adjusted by 17 dB [10 log (50 kW) = 
17 dBk], and therefore a field strength of 60 dBu would correspond to 
the field strength value at (60-17 =) 44 dBu on the chart. When 
predicting the distance to field strength contours, use the maximum ERP 
of the main radiated lobe in the pertinent azimuthal direction (do not 
account for beam tilt). When predicting field strengths over areas not 
in the plane of the maximum main lobe, use the ERP in the direction of 
such areas, determined by considering the appropriate vertical radiation 
pattern.
    (d) The antenna height to be used with this chart is the height of 
the radiation center of the antenna above the average terrain along the 
radial in question. In determining the average elevation of the terrain, 
the elevations between 3 and 16 kilometers from the antenna site are 
used.
    (1) Profile graphs must be drawn for eight radials beginning at the 
antenna site and extending 16 kilometers therefrom. The radials should 
be drawn for each 45[deg] of azimuth starting with True North. At least 
one radial must include the principal community to be served even though 
it may be more than 16 kilometers from the antenna site. However, in the 
event none of the evenly spaced radials include the principal community 
to be served, and one or more such radials are drawn in addition, these 
radials must not be used in computing the antenna height above average 
terrain.
    (2) Where the 3 to 16 kilometers portion of a radial extends in 
whole or in part over a large body of water or extends over foreign 
territory but the 50 uV/m (34 dBu) contour encompasses land area within 
the United States beyond the 16 kilometers portion of the radial, the 
entire 3 to 16 kilometers portion of the radial must be included in the 
computation of antenna height above average terrain. However, where the 
50 uV/m (34 dBu) contour does not so encompass United States land area, 
and (i) the entire 3 to 16 kilometers portion of the radial extends over 
large bodies of water or over foreign territory, such radial must be 
completely omitted from the computation of antenna height above average 
terrain,

[[Page 102]]

and (ii) where a part of the 3 to 16 kilometers portion of a radial 
extends over large bodies of water or foreign territory, only that part 
of the radial extending from 3 kilometers to the outermost portion of 
land in the United States covered by the radial used must be used in the 
computation of antenna height above average terrain.
    (3) The profile graph for each radial should be plotted by contour 
intervals of from 12 to 30 meters and, where the data permits, at least 
50 points of elevation (generally uniformly spaced) should be used for 
each radial. In instances of very rugged terrain where the use of 
contour intervals of 30 meters would result in several points in a short 
distance, 60 or 120 meter contour intervals may be used for such 
distances. On the other hand, where the terrain is uniform or gently 
sloping the smallest contour interval indicated on the topographic map 
should be used, although only relatively few points may be available. 
The profile graph should indicate the topography accurately for each 
radial, and the graphs should be plotted with the distance in kilometers 
as the abscissa and the elevation in meters above mean sea level as the 
ordinate. The profile graphs should indicate the source of the 
topographical data used. The graph should also show the elevation of the 
center of the radiating system. The graph may be plotted either on 
rectangular coordinate paper or on special paper that shows the 
curvature of the earth. It is not necessary to take the curvature of the 
earth into consideration in this procedure as this factor is taken care 
of in the charts showing signal strengths. The average elevation of the 
13 kilometer distance between 3 and 16 kilometers from the antenna site 
should then be determined from the profile graph for each radial. This 
may be obtained by averaging a large number of equally spaced points, by 
using a planimeter, or by obtaining the median elevation (that exceeded 
for 50% of the distance) in sectors and averaging those values.
    (4) Examples of HAAT calculations:
    (i) The heights above average terrain on the eight radials are as 
follows:

------------------------------------------------------------------------
                                                                 Meters
------------------------------------------------------------------------
0[deg]........................................................       120
45[deg].......................................................       255
90[deg].......................................................       185
135[deg]......................................................        90
180[deg]......................................................       -10
225[deg]......................................................       -85
270[deg]......................................................        40
315[deg]......................................................        85
------------------------------------------------------------------------

    The antenna height above terrain (defined in Sec. 73.310(a)) is 
computed as follows:

(120 + 255 + 185 + 90 - 10 - 85 + 40 + 85) / 8 = 85 meters.

    (ii) Same as paragraph (d)(4)(i) of this section, except the 0[deg] 
radial is entirely over sea water. The antenna height above average 
terrain is computed as follows (note that the divisor is 7 not 8):

(255 + 185 + 90 - 10 - 85 + 40 + 85) / 7 = 80 meters.

    (iii) Same as paragraph (d)(4)(i) of this section, except that only 
the first 10 kilometers of the 90[deg] radial are in the United States; 
beyond 10 kilometers the 90[deg] radial is in a foreign country. The 
height above average terrain of the 3 to 10 kilometer portion of the 
90[deg] radial is 105 meters. The antenna height above average terrain 
is computed as follows (note that the divisor is 8 not 7.5):

(120 + 255 + 105 + 90 - 10 - 85 + 40 + 85) / 8 = 75 meters.

    (e) In cases where the terrain in one or more directions from the 
antenna site departs widely from the average elevation of the 3 to 16 
kilometer sector, the prediction method may indicate contour distances 
that are different from what may be expected in practice. For example, a 
mountain ridge may indicate the practical limit of service although the 
prediction method may indicate otherwise. In such cases, the prediction 
method should be followed, but a supplemental showing may be made 
concerning the contour distances as determined by other means. Such 
supplemental showings should describe the procedure used and should 
include sample calculations. Maps of predicted coverage should include 
both the coverage as predicted by the regular method and as predicted by 
a supplemental method.

[[Page 103]]

When measurements of area are required, these should include the area 
obtained by the regular prediction method and the area obtained by the 
supplemental method. In directions where the terrain is such that 
antenna heights less than 30 meters for the 3 to 16 kilometer sector are 
obtained, an assumed height of 30 meters must be used for the prediction 
of coverage. However, where the actual contour distances are critical 
factors, a supplemental showing of expected coverage must be included 
together with a description of the method used in predicting such 
coverage. In special cases, the FCC may require additional information 
as to terrain and coverage.
    (f) The effect of terrain roughness on the predicted field strength 
of a signal at points distant from an FM transmitting antenna is assumed 
to depend on the magnitude of a terrain roughness factor (h) which, for 
a specific propagation path, is determined by the characteristics of a 
segment of the terrain profile for that path 40 kilometers in length 
located between 10 and 50 kilometers from the antenna. The terrain 
roughness factor has a value equal to the distance, in meters, between 
elevations exceeded by all points on the profile for 10% and 90% 
respectively, of the length of the profile segment. (See Sec. 73.333, 
Figure 4.)
    (g) If the lowest field strength value of interest is initially 
predicted to occur over a particular propagation path at a distance that 
is less than 50 kilometers from the antenna, the terrain profile segment 
used in the determination of terrain roughness factor over that path 
must be that included between points 10 kilometers from the transmitter 
and such lesser distances. No terrain roughness correction need be 
applied when all field strength values of interest are predicted to 
occur 10 kilometers or less from the transmitting antenna.
    (h) Profile segments prepared for terrain roughness factor 
determinations are to be plotted in rectangular coordinates, with no 
less than 50 points evenly spaced within the segment using data obtained 
from topographic maps with contour intervals of approximately 15 meters 
(50 feet) or less if available.
    (i) The field strength charts (Sec. 73.333, Figs. 1-1a) were 
developed assuming a terrain roughness factor of 50 meters, which is 
considered to be representative of average terrain in the United States. 
Where the roughness factor for a particular propagation path is found to 
depart appreciably from this value, a terrain roughness correction 
([Delta]F) should be applied to field strength values along this path, 
as predicted with the use of these charts. The magnitude and sign of 
this correction, for any value of [Delta]h, may be determined from a 
chart included in Sec. 73.333 as Figure 5.
    (j) Alternatively, the terrain roughness correction may be computed 
using the following formula:

    [Delta]F = 1.9-0.03([Delta]h)(1 + f/300)

Where:

[Delta]F = terrain roughness correction in dB
[Delta]k = terrain roughness factor in meters
f = frequency of signal in MHz (MHz)

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[28 FR 13623, Dec. 14, 1963, as amended at 40 FR 27678, July 1, 1975; 48 
FR 29507, June 27, 1983; 52 FR 11655, Apr. 10, 1987; 52 FR 37789, Oct. 
9, 1987; 57 FR 48333, Oct. 23, 1992; 63 FR 33877, June 22, 1998]

    Effective Date Note: At 42 FR 25736, May 19, 1977, the effective 
date of Sec. 73.313 paragraphs (i) and (j) was stayed indefinitely.



Sec. 73.314  Field strength measurements.

    (a) Except as provided for in Sec. 73.209, FM broadcast stations 
shall not be protected from any type of interference or propagation 
effect. Persons desiring to submit testimony, evidence or data to the 
Commission for the purpose of showing that the technical standards 
contained in this subpart do not properly reflect the levels of any 
given type of interference or propagation effect may do so only in 
appropriate rule making proceedings concerning the amendment of such 
technical standards. Persons making field strength measurements for 
formal submission to the Commission in rule making proceedings, or 
making such measurements upon the request of the Commission, shall 
follow the procedure for making and reporting such measurements outlined 
in paragraph (b) of this section. In instances where a showing

[[Page 104]]

of the measured level of a signal prevailing over a specific community 
is appropriate, the procedure for making and reporting field strength 
measurements for this purpose is set forth in paragraph (c) of this 
section.
    (b) Collection of field strength data for propagation analysis.
    (1) Preparation for measurements. (i) On large scale topographic 
maps, eight or more radials are drawn from the transmitter location to 
the maximum distance at which measurements are to be made, with the 
angles included between adjacent radials of approximately equal size. 
Radials should be oriented so as to traverse representative types of 
terrain. The specific number of radials and their orientation should be 
such as to accomplish this objective.
    (ii) Each radial is marked, at a point exactly 16 kilometers from 
the transmitter and, at greater distances, at successive 3 kilometer 
intervals. Where measurements are to be conducted over extremely rugged 
terrain, shorter intervals may be used, but all such intervals must be 
of equal length. Accessible roads intersecting each radial as nearly as 
possible at each 3 kilometer marker are selected. These intersections 
are the points on the radial at which measurements are to be made, and 
are referred to subsequently as measuring locations. The elevation of 
each measuring location should approach the elevation at the 
corresponding 3 kilometer marker as nearly as possible.
    (2) Measurement procedure. All measurements must be made utilizing a 
receiving antenna designed for reception of the horizontally polarized 
signal component, elevated 9 meters above the roadbed. At each measuring 
location, the following procedure must be used:
    (i) The instrument calibration is checked.
    (ii) The antenna is elevated to a height of 9 meters.
    (iii) The receiving antenna is rotated to determine if the strongest 
signal is arriving from the direction of the transmitter.
    (iv) The antenna is oriented so that the sector of its response 
pattern over which maximum gain is realized is in the direction of the 
transmitter.
    (v) A mobile run of at least 30 meters is made, that is centered on 
the intersection of the radial and the road, and the measured field 
strength is continuously recorded on a chart recorder over the length of 
the run.
    (vi) The actual measuring location is marked exactly on the 
topographic map, and a written record, keyed to the specific location, 
is made of all factors which may affect the recorded field, such as 
topography, height and types of vegetation, buildings, obstacles, 
weather, and other local features.
    (vii) If, during the test conducted as described in paragraph 
(b)(2)(iii) of this section, the strongest signal is found to come from 
a direction other than from the transmitter, after the mobile run 
prescribed in paragraph (b)(2)(v) of this section is concluded, 
additional measurements must be made in a ``cluster'' of at least five 
fixed points. At each such point, the field strengths with the antenna 
oriented toward the transmitter, and with the antenna oriented so as to 
receive the strongest field, are measured and recorded. Generally, all 
points should be within 60 meters of the center point of the mobile run.
    (viii) If overhead obstacles preclude a mobile run of at least 30 
meters, a ``cluster'' of five spot measurements may be made in lieu of 
this run. The first measurement in the cluster is identified. Generally, 
the locations for other measurements must be within 60 meters of the 
location of the first.
    (3) Method of reporting measurements. A report of measurements to 
the Commission shall be submitted in affidavit form, in triplicate, and 
should contain the following information:
    (i) Tables of field strength measurements, which, for each measuring 
location, set forth the following data:
    (A) Distance from the transmitting antenna.
    (B) Ground elevation at measuring location.
    (C) Date, time of day, and weather.
    (D) Median field in dBu for 0 dBk, for mobile run or for cluster, as 
well as maximum and minimum measured field strengths.
    (E) Notes describing each measuring location.

[[Page 105]]

    (ii) U.S. Geological Survey topographic maps, on which is shown the 
exact location at which each measurement was made. The original plots 
shall be made on maps of the largest available scale. Copies may be 
reduced in size for convenient submission to the Commission, but not to 
the extent that important detail is lost. The original maps shall be 
made available, if requested. If a large number of maps is involved, an 
index map should be submitted.
    (iii) All information necessary to determine the pertinent 
characteristics of the transmitting installation, including frequency, 
geographical coordinates of antenna site, rated and actual power output 
of transmitter, measured transmission line loss, antenna power gain, 
height of antenna above ground, above mean sea level, and above average 
terrain. The effective radiated power should be computed, and horizontal 
and vertical plane patterns of the transmitting antenna should be 
submitted.
    (iv) A list of calibrated equipment used in the field strength 
survey, which, for each instrument, specifies its manufacturer, type, 
serial number and rated accuracy, and the date of its most recent 
calibration by the manufacturer, or by a laboratory. Complete details of 
any instrument not of standard manufacture shall be submitted.
    (v) A detailed description of the calibration of the measuring 
equipment, including field strength meters, measuring antenna, and 
connecting cable.
    (vi) Terrain profiles in each direction in which measurements were 
made, drawn on curved earth paper for equivalent 4/3 earth radius, of 
the largest available scale.
    (c) Collection of field strength data to determine FM broadcast 
service in specific communities.
    (1) Preparation for measurement. (i) The population (P) of the 
community, and its suburbs, if any, is determined by reference to an 
appropriate source, e.g., the 1970 U.S. Census tables of population of 
cities and urbanized areas.
    (ii) The number of locations at which measurements are to be made 
shall be at least 15, and shall be approximately equal to 
0.1(P)1/2, if this product is a number greater than 15.
    (iii) A rectangular grid, of such size and shape as to encompass the 
boundaries of the community is drawn on an accurate map of the 
community. The number of line intersections on the grid included within 
the boundaries of the community shall be at least equal to the required 
number of measuring locations. The position of each intersection on the 
community map determines the location at which a measurement shall be 
made.
    (2) Measurement procedure. All measurements must be made using a 
receiving antenna designed for reception of the horizontally polarized 
signal component, elevated 9 meters above ground level.
    (i) Each measuring location shall be chosen as close as feasible to 
a point indicated on the map, as previously prepared, and at as nearly 
the same elevation as that point as possible.
    (ii) At each measuring location, after equipment calibration and 
elevation of the antenna, a check is made to determine whether the 
strongest signal arrives from a direction other than from the 
transmitter.
    (iii) At 20 percent or more of the measuring locations, mobile runs, 
as described in paragraph (b)(2) of this section shall be made, with no 
less than three such mobile runs in any case. The points at which mobile 
measurements are made shall be well separated. Spot measurements may be 
made at other measuring points.
    (iv) Each actual measuring location is marked exactly on the map of 
the community, and suitably keyed. A written record shall be maintained, 
describing, for each location, factors which may affect the recorded 
field, such as the approximate time of measurement, weather, topography, 
overhead wiring, heights and types of vegetation, buildings and other 
structures. The orientation, with respect to the measuring location 
shall be indicated of objects of such shape and size as to be capable of 
causing shadows or reflections. If the strongest signal received was 
found to arrive from a direction other than that of the transmitter, 
this fact shall be recorded.
    (3) Method of reporting measurements. A report of measurements to 
the Commission shall be submitted in affidavit

[[Page 106]]

form, in triplicate, and should contain the following information:
    (i) A map of the community showing each actual measuring location, 
specifically identifying the points at which mobile runs were made.
    (ii) A table keyed to the above map, showing the field strength at 
each measuring point, reduced to dBu for the actual effective radiated 
power of the station. Weather, date, and time of each measurement shall 
be indicated.
    (iii) Notes describing each measuring location.
    (iv) A topographic map of the largest available scale on which are 
marked the community and the transmitter site of the station whose 
signals have been measured, which includes all areas on or near the 
direct path of signal propagation.
    (v) Computations of the mean and standard deviation of all measured 
field strengths, or a graph on which the distribution of measured field 
strength values is plotted.
    (vi) A list of calibrated equipment used for the measurements, which 
for each instrument, specifies its manufacturer, type, serial number and 
rated accuracy, and the date of its most recent calibration by the 
manufacturer, or by a laboratory. Complete details of any instrument not 
of standard manufacture shall be submitted.
    (vii) A detailed description of the procedure employed in the 
calibration of the measuring equipment, including field strength meters, 
measuring antenna, and connecting cable.

[40 FR 27682, July 1, 1975; 40 FR 28802, July 9, 1975, as amended at 48 
FR 29508, June 27, 1983]



Sec. 73.315  FM transmitter location.

    (a) The transmitter location shall be chosen so that, on the basis 
of the effective radiated power and antenna height above average terrain 
employed, a minimum field strength of 70 dB above one uV/m (dBu), or 
3.16 mV/m, will be provided over the entire principal community to be 
served.
    (b) The transmitter location should be chosen to maximize coverage 
to the city of license while minimizing interference. This is normally 
accomplished by locating in the least populated area available while 
maintaining the provisions of paragraph (a) of this section. In general, 
the transmitting antenna of a station should be located in the most 
sparsely populated area available at the highest elevation available. 
The location of the antenna should be so chosen that line-of-sight can 
be obtained from the antenna over the principle city or cities to be 
served; in no event should there be a major obstruction in this path.
    (c) The transmitting location should be selected so that the 1 mV/m 
contour encompasses the urban population within the area to be served. 
It is recognized that topography, shape of the desired service area, and 
population distribution may make the choice of a transmitter location 
difficult. In such cases consideration may be given to the use of a 
directional antenna system, although it is generally preferable to 
choose a site where a nondirectional antenna may be employed.
    (d) In cases of questionable antenna locations it is desirable to 
conduct propagation tests to indicate the field strength expected in the 
principal city or cities to be served and in other areas, particularly 
where severe shadow problems may be expected. In considering 
applications proposing the use of such locations, the Commission may 
require site tests to be made. Such tests should include measurements 
made in accordance with the measurement procedures described in Sec. 
73.314, and full data thereon shall be supplied to the Commission. The 
test transmitter should employ an antenna having a height as close as 
possible to the proposed antenna height, using a balloon or other 
support if necessary and feasible. Information concerning the 
authorization of site tests may be obtained from the Commission upon 
request.
    (e) Cognizance must of course be taken regarding the possible hazard 
of the proposed antenna structure to aviation and the proximity of the 
proposed site to airports and airways. Procedures and standards with 
respect to the Commission's consideration of proposed antenna structures 
which will serve as a guide to persons intending to

[[Page 107]]

apply for radio station licenses are contained in Part 17 of this 
chapter (Construction, Marking, and Lighting of Antenna Structures).

[28 FR 13623, Dec. 14, 1963, as amended at 41 FR 22943, June 8, 1976; 49 
FR 38131, Sept. 27, 1984; 49 FR 45146, Nov. 15, 1984; 51 FR 9965, Mar. 
24, 1986; 52 FR 10570, Apr. 2, 1987; 65 FR 79778, Dec. 20, 2000]



Sec. 73.316  FM antenna systems.

    (a) It shall be standard to employ horizontal polarization; however, 
circular or elliptical polarization may be employed if desired. 
Clockwise or counterclockwise rotation may be used. The supplemental 
vertically polarized effective radiated power required for circular or 
elliptical polarization shall in no event exceed the effective radiated 
power authorized.
    (b) Directional antennas. A directional antenna is an antenna that 
is designed or altered for the purpose of obtaining a non-circular 
radiation pattern.
    (1) Applications for the use of directional antennas that propose a 
ratio of maximum to minimum radiation in the horizontal plane of more 
than 15 dB will not be accepted.
    (2) Directional antennas used to protect short-spaced stations 
pursuant to Sec. 73.213 or Sec. 73.215 of the rules, that have a 
radiation pattern which varies more than 2 dB per 10 degrees of azimuth 
will not be authorized.
    (c) Applications for directional antennas. (1) Applications for 
construction permit proposing the use of directional antenna systems 
must include a tabulation of the composite antenna pattern for the 
proposed directional antenna. A value of 1.0 must be used to correspond 
to the direction of maximum radiation. The pattern must be tabulated 
such that 0[deg] corresponds to the direction of maximum radiation or 
alternatively, in the case of an asymmetrical antenna pattern, the 
pattern must be tabulated such that 0[deg] corresponds to the actual 
azimuth with respect to true North. In the case of a composite antenna 
composed of two or more individual antennas, the pattern required is 
that for the composite antenna, not the patterns for each of the 
individual antennas. Applications must include valuations tabulated at 
intervals of not greater than ten (10) degrees. In addition, tabulated 
values of all maximas and minimas, with their corresponding azimuths, 
must be submitted.
    (2) Applications for license upon completion of antenna construction 
must include the following:
    (i) A complete description of the antenna system, including the 
manufacturer and model number of the directional antenna. It is not 
sufficient to label the antenna with only a generic term such as 
``dipole.'' In the case of individually designed antennas with no model 
number, or in the case of a composite antenna composed of two or more 
individual antennas, the antenna must be described as a ``custom'' or 
``composite'' antenna, as appropriate. A full description of the design 
of the antenna must also be submitted.
    (ii) A plot of the composite pattern of the directional antenna. A 
value of 1.0 must be used to correspond to the direction of maximum 
radiation. The plot of the pattern must be oriented such that 0[deg] 
corresponds to the direction of maximum radiation or alternatively, in 
the case of an asymmetrical antenna pattern, the plot must be oriented 
such that 0[deg] corresponds to the actual azimuth with respect to true 
North. The horizontal plane pattern must be plotted to the largest scale 
possible on unglazed letter-size polar coordinate paper (main engraving 
approximately 18 cm x 25 cm (7 inches x 10 inches)) using only scale 
divisions and subdivisions of 1, 2, 2.5, or 5 times 10-nth. Values of 
field strength less than 10% of the maximum field strength plotted on 
that pattern must be shown on an enlarged scale. In the case of a 
composite antenna composed of two or more individual antennas, the 
composite antenna pattern should be provided, and not the pattern for 
each of the individual antennas.
    (iii) A tabulation of the measured or computer modeled relative 
field pattern required in paragraph (c)(1) of this section. The 
tabulation must use the same zero degree reference as the plotted 
pattern, and must contain values for at least every 10 degrees. 
Sufficient vertical patterns to indicate clearly the radiation 
characteristics of the antenna above and below the horizontal

[[Page 108]]

plane. Complete information and patterns must be provided for angles of 
-10 deg. from the horizontal plane and sufficient additional information 
must be included on that portion of the pattern lying between + 10 deg. 
and the zenith and -10 deg. and the nadir, to conclusively demonstrate 
the absence of undesirable lobes in these areas. The vertical plane 
pattern must be plotted on rectangular coordinate paper with reference 
to the horizontal plane. In the case of a composite antenna composed of 
two or more individual antennas, the composite antenna pattern should be 
used, and not the pattern for each of the individual antennas.
    (iv) When the relative field pattern is computer modeled, as 
permitted in paragraphs (c)(2)(iii) and (x) of this section and in Sec. 
73.1690(c)(2), the computer model must be generated by the manufacturer 
of the antenna, and must include a statement from the engineer(s) 
responsible for designing the antenna, performing the modeling, and 
preparing the manufacturer's instructions for installation of the 
antenna, that identifies and describes the software tool(s) used in the 
modeling and the procedures applied in using the software. It must also 
include a certification that the software executed normally without 
generating any error messages or warnings indicating an error in the 
program inputs. Such computer modeling shall include modeling of the 
antenna mounted on a tower or tower section, and the tower or tower 
section model must include transmission lines, ladders, conduits, 
appurtenances, other antennas, and any other installations that may 
affect the computer modeled directional pattern. The first time the 
directional pattern of a particular model of antenna is verified using a 
particular modeling software, the license applicant must submit to the 
Commission both the results of the computer modeling and measurements of 
either a full-size or scale model of the antenna or elements thereof, 
demonstrating reasonable correlation between the measurements achieved 
and the computer model results. Once a particular antenna model or 
series of elements has been verified by any license applicant using a 
particular modeling software, subsequent license applicants using the 
same antenna model number or elements and using the same modeling 
software to verify the directional pattern may submit the computer model 
for the subsequent antenna installation and cross-reference the original 
submission by providing the application file number.
    (v) A statement that the antenna is mounted on the top of an antenna 
tower recommended by the antenna manufacturer, or is side-mounted on a 
particular type of antenna tower in accordance with specific 
instructions provided by the antenna manufacturer.
    (vi) A statement that the directional antenna is not mounted on the 
top of an antenna tower which includes a top-mounted platform larger 
than the nominal cross-sectional area of the tower in the horizontal 
plane.
    (vii) A statement that no other antenna of any type is mounted on 
the same tower level as a directional antenna, and that no antenna of 
any type is mounted within any horizontal or vertical distance specified 
by the antenna manufacturer as being necessary for proper directional 
operation.
    (viii) A statement from an engineer listing such individual 
engineer's qualifications and certifying that the antenna has been 
installed pursuant to the manufacturer's instructions.
    (ix) A statement from a licensed surveyor that the installed antenna 
is properly oriented.
    (x)(A) For a station authorized pursuant to Sec. 73.215 or Sec. 
73.509, a showing that the root mean square (RMS) of the measured or 
computer modeled composite antenna pattern (encompassing both the 
horizontally and vertically polarized radiation components (in relative 
field)) is at least 85 percent of the RMS of the authorized composite 
directional antenna pattern (in relative field). The RMS value, for a 
composite antenna pattern specified in relative field values, may be 
determined from the following formula:

RMS = the square root of:
[(relative field value 1)\2\ + (relative field value 2)\2\ + .... + 
(last relative field value)\2\]
total number of relative field values

    (B) Where the relative field values are taken from at least 36 
evenly spaced radials for the entire 360 degrees

[[Page 109]]

of azimuth. The application for license must also demonstrate that 
coverage of the community of license by the 70 dBu contour is maintained 
for stations authorized pursuant to Sec. 73.215 on Channels 221 through 
300, as required by Sec. 73.315(a), while noncommercial educational 
stations operating on Channels 201 through 220 must show that the 60 dBu 
contour covers at least a portion of the community of license.
    (d) Applications proposing the use of FM transmitting antennas in 
the immediate vicinity (i.e., 60 meters or less) of other FM or TV 
broadcast antennas must include a showing as to the expected effect, if 
any, of such proximate operation.
    (e) Where an FM licensee or permittee proposes to mount its antenna 
on or near an AM tower, as defined in Sec. 1.30002, the FM licensee or 
permittee must comply with Sec. 1.30003 or Sec. 1.30002, depending on 
whether the antenna is proposed to be mounted on an AM tower (Sec. 
1.30003) or near an AM tower (Sec. 1.30002).

[28 FR 13623, Dec. 14, 1963, as amended at 34 FR 14222, Sept. 10, 1969; 
37 FR 25841, Dec. 5, 1972; 43 FR 53738, Nov. 17, 1978; 48 FR 29508, June 
27, 1983; 51 FR 17028, May 8, 1986; 54 FR 9804, Mar. 8, 1989; 56 FR 
57294, Nov. 8, 1991; 62 FR 51058, Sept. 30, 1997; 63 FR 70047, Dec. 18, 
1998; 78 FR 66298, Nov. 5, 2013; 87 FR 15343, Mar. 18, 2022; 87 FR 
35430, June 10, 2022]



Sec. 73.317  FM transmission system requirements.

    (a) FM broadcast stations employing transmitters authorized after 
January 1, 1960, must maintain the bandwidth occupied by their emissions 
in accordance with the specification detailed below. FM broadcast 
stations employing transmitters installed or type accepted before 
January 1, 1960, must achieve the highest degree of compliance with 
these specifications practicable with their existing equipment. In 
either case, should harmful interference to other authorized stations 
occur, the licensee shall correct the problem promptly or cease 
operation.
    (b) Any emission appearing on a frequency removed from the carrier 
by between 120 kHz and 240 kHz inclusive must be attenuated at least 25 
dB below the level of the unmodulated carrier. Compliance with this 
requirement will be deemed to show the occupied bandwidth to be 240 kHz 
or less.
    (c) Any emission appearing on a frequency removed from the carrier 
by more than 240 kHz and up to and including 600 kHz must be attenuated 
at least 35 dB below the level of the unmodulated carrier.
    (d) Any emission appearing on a frequency removed from the carrier 
by more than 600 kHz must be attenuated at least 43 + 10 
Log10 (Power, in watts) dB below the level of the unmodulated 
carrier, or 80 dB, whichever is the lesser attenuation.
    (e) Preemphasis shall not be greater than the impedance-frequency 
characteristics of a series inductance resistance network having a time 
constant of 75 microseconds. (See upper curve of Figure 2 of Sec. 
73.333.)

[51 FR 17028, May 8, 1986]



Sec. 73.318  FM blanketing interference.

    Areas adjacent to the transmitting antenna that receive a signal 
with a strength of 115 dBu (562 mV/m) or greater will be assumed to be 
blanketed. In determining the blanketed area, the 115 dBu contour is 
determined by calculating the inverse distance field using the effective 
radiated power of the maximum radiated lobe of the antenna without 
considering its vertical radiation pattern or height. For directional 
antennas, the effective radiated power in the pertinent bearing shall be 
used.
    (a) The distance to the 115 dBu contour is determined using the 
following equation:

D (in kilometers) = 0.394[radic] P
D (in miles) = 0.245[radic] P

Where P is the maximum effective radiated power (ERP), measured in 
kilowatts, of the maximum radiated lobe.

    (b) After January 1, 1985, permittees or licensees who either (1) 
commence program tests, or (2) replace their antennas, or (3) request 
facilities modifications and are issued a new construction permit must 
satisfy all complaints of blanketing interference which are received by 
the station during a one year period. The period begins with the 
commencement of program tests, or commencement of programming utilizing 
the new antenna.

[[Page 110]]

Resolution of complaints shall be at no cost to the complainant. These 
requirements specifically do not include interference complaints 
resulting from malfunctioning or mistuned receivers, improperly 
installed antenna systems, or the use of high gain antennas or antenna 
booster amplifiers. Mobile receivers and non-RF devices such as tape 
recorders or hi-fi amplifiers (phonographs) are also excluded.
    (c) A permittee collocating with one or more existing stations and 
beginning program tests on or after January 1, 1985, must assume full 
financial responsibility for remedying new complaints of blanketing 
interference for a period of one year. Two or more permittees that 
concurrently collocate on or after January 1, 1985, shall assume shared 
responsibility for remedying blanketing complaints within the blanketing 
area unless an offending station can be readily determined and then that 
station shall assume full financial responsibility.
    (d) Following the one year period of full financial obligation to 
satisfy blanketing complaints, licensees shall provide technical 
information or assistance to complainants on remedies for blanketing 
interference.

[28 FR 13623, Dec. 14, 1963, as amended at 52 FR 25866, July 9, 1987]



Sec. 73.319  FM multiplex subcarrier technical standards.

    (a) The technical specifications in this Section apply to all 
transmissions of FM multiplex subcarriers except those used for 
stereophonic sound broadcasts under the provisions of Sec. 73.322.
    (b) Modulation. Any form of modulation may be used for subcarrier 
operation.
    (c) Subcarrier baseband. (1) During monophonic program 
transmissions, multiplex subcarriers and their significant sidebands 
must be within the range of 20 kHz to 99 kHz.
    (2) During stereophonic sound program transmissions (see Sec. 
73.322), multiplex subcarriers and their significant sidebands must be 
within the range of 53 kHz to 99 kHz.
    (3) During periods when broadcast programs are not being 
transmitted, multiplex subcarriers and their significant sidebands must 
be within the range of 20 kHz to 99 kHz.
    (d) Subcarrier injection. (1) During monophonic program 
transmissions, modulation of the carrier by the arithmetic sum of all 
subcarriers may not exceed 30% referenced to 75 kHz modulation 
deviation. However, the modulation of the carrier by the arithmetic sum 
of all subcarriers above 75 kHz may not modulate the carrier by more 
than 10%.
    (2) During stereophonic program transmissions, modulation of the 
carrier by the arithmetic sum of all subcarriers may not exceed 20% 
referenced to 75 kHz modulation deviation. However, the modulation of 
the carrier by the arithmetic sum of all subcarriers above 75 kHz may 
not modulate the carrier by more than 10%.
    (3) During periods when no broadcast program service is transmitted, 
modulation of the carrier by the arithmetic sum of all subcarriers may 
not exceed 30% referenced to 75 kHz modulation deviation. However, the 
modulation of the carrier by the arithmetic sum of all subcarriers above 
75 kHz may not modulate the carrier by more than 10%.
    (4) Total modulation of the carrier wave during transmission of 
multiplex subcarriers used for subsidiary communications services must 
comply with the provisions Sec. 73.1570(b).
    (e) Subcarrier generators may be installed and used with a type 
accepted FM broadcast transmitter without specific authorization from 
the FCC provided the generator can be connected to the transmitter 
without requiring any mechanical or electrical modifications in the 
transmitter FM exciter circuits.
    (f) Stations installing multiplex subcarrier transmitting equipment 
must ensure the proper suppression of spurious or harmonic radiations. 
See Sec. Sec. 73.317, 73.1590 and 73.1690. If the subcarrier operation 
causes the station's transmissions not to comply with the technical 
provisions for FM broadcast stations or causes harmful interference to 
other communication services, the licensee or permittee must correct the 
problem promptly or cease operation. The licensee may be required to 
verify

[[Page 111]]

the corrective measures with supporting data. Such data must be retained 
at the station and be made available to the FCC upon request.

[48 FR 28455, June 22, 1983, as amended at 48 FR 37216, Aug. 17, 1983; 
49 FR 15080, Apr. 17, 1984; 49 FR 38131, Sept. 27, 1984; 50 FR 1534, 
Jan. 11, 1985; 51 FR 17029, May 8, 1986; 57 FR 48333, Oct. 23, 1992]



Sec. 73.322  FM stereophonic sound transmission standards.

    (a) An FM broadcast station shall not use 19 kHz 20 Hz, except as the stereophonic pilot frequency in a 
transmission system meeting the following parameters:
    (1) The modulating signal for the main channel consists of the sum 
of the right and left signals.
    (2) The pilot subcarrier at 19 kHz 2 Hz, must 
frequency modulate the main carrier between the limits of 8 and 10 
percent.
    (3) One stereophonic subcarrier must be the second harmonic of the 
pilot subcarrier (i.e., 38 kHz) and must cross the time axis with a 
positive slope simultaneously with each crossing of the time axis by the 
pilot subcarrier. Additional stereophomic subcarriers are not precluded.
    (4) Double sideband, suppressed-carrier, amplitude modulation of the 
stereophonic subcarrier at 38 kHz must be used.
    (5) The stereophonic subcarrier at 38 kHz must be suppressed to a 
level less than 1% modulation of the main carrier.
    (6) The modulating signal for the required stereophonic subcarrier 
must be equal to the difference of the left and right signals.
    (7) The following modulation levels apply:
    (i) When a signal exists in only one channel of a two channel 
(biphonic) sound transmission, modulation of the carrier by audio 
components within the baseband range of 50 Hz to 15 kHz shall not exceed 
45% and modulation of the carrier by the sum of the amplitude modulated 
subcarrier in the baseband range of 23 kHz to 53 kHz shall not exceed 
45%.
    (ii) When a signal exists in only one channel of a stereophonic 
sound transmission having more than one stereophonic subcarrier in the 
baseband, the modulation of the carrier by audio components within the 
audio baseband range of 23 kHz to 99 kHz shall not exceed 53% with total 
modulation not to exceed 90%.
    (b) Stations not transmitting stereo with the method described in 
(a), must limit the main carrier deviation caused by any modulating 
signals occupying the band 19 kHz 20 Hz to 125 Hz.
    (c) All stations, regardless of the stereophonic transmission system 
used, must not exceed the maximum modulation limits specified in Sec. 
73.1570(b)(2). Stations not using the method described in (a), must 
limit the modulation of the carrier by audio components within the audio 
baseband range of 23 kHz to 99 kHz to not exceed 53%.

[51 FR 17029, May 8, 1986]



Sec. 73.333  Engineering charts.

    This section consists of the following Figures 1, 1a, 2, and slider 
4 and 5.

    Note: The figures reproduced herein, due to their small scale, are 
not to be used in connection with material submitted to the F.C.C.

[[Page 112]]

[GRAPHIC] [TIFF OMITTED] TC01MR91.085


[[Page 113]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.086


[[Page 114]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.087


[[Page 115]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.088


[[Page 116]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.089


[[Page 117]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.090


(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[28 FR 13623, Dec. 14, 1963, as amended at 35 FR 2591, Feb. 5, 1970; 40 
FR 27679, July 1, 1975; 45 FR 28141, Apr. 28, 1980; 48 FR 29508, June 
27, 1983; 49 FR 19670, May 9, 1984]

    Effective Date Note: At 42 FR 25736, May 19, 1977, in Sec. 73.333, 
the effective date of Figures 4 and 5 was stayed indefinitely.

[[Page 118]]



                  Subpart C_Digital Audio Broadcasting

    Source: 72 FR 45692, Aug. 15, 2007, unless otherwise noted.



Sec. 73.401  Scope.

    This subpart contains those rules which apply exclusively to the 
digital audio broadcasting (DAB) service, and are in addition to those 
rules in Subparts A, B, C, G and H which apply to AM and FM broadcast 
services, both commercial and noncommercial.



Sec. 73.402  Definitions.

    (a) DAB. Digital audio broadcast stations are those radio stations 
licensed by the Commission and use the In-band On-channel (``IBOC'') 
system for broadcasting purposes.
    (b) In Band On Channel DAB System. A technical system in which a 
station's digital signal is broadcast in the same spectrum and on the 
same channel as its analog signal.
    (c) Hybrid DAB System. A system which transmits both the digital and 
analog signals within the spectral emission mask of a single AM or FM 
channel.
    (d) Extended hybrid operation. An enhanced mode of FM IBOC DAB 
operation which includes additional DAB subcarriers transmitted between 
the analog FM signal and the inner edges of the primary DAB sidebands.
    (e) Primary AM DAB Sidebands. The two groups of hybrid AM IBOC DAB 
subcarriers which are transmitted 10 to 15 kHz above carrier frequency 
(the upper primary DAB sideband), and 10 to 15 kHz below carrier 
frequency (the lower primary DAB sideband).
    (f) Multicasting. Subdividing the digital bitstream into multiple 
channels for additional audio programming uses.
    (g) Datacasting. Subdividing the digital bitstream into multiple 
channels for additional data or information services uses.
    (h) All-digital AM station. An AM station broadcasting an IBOC 
waveform that consists solely of digitally modulated subcarriers and the 
unmodulated AM carrier.

[72 FR 45692, Aug. 15, 2007, as amended at 85 FR 78027, Dec. 3, 2020]



Sec. 73.403  Digital audio broadcasting service requirements.

    (a) Broadcast radio stations using IBOC must transmit at least one 
over-the-air digital audio programming stream at no direct charge to 
listeners. In addition, a hybrid broadcast radio station must simulcast 
its analog audio programming on one of its digital audio programming 
streams. The DAB audio programming stream that is provided pursuant to 
this paragraph (a) must be at least comparable in sound quality with a 
standard analog broadcast.
    (b) Emergency information. The emergency information requirements 
found in Sec. 73.1250 shall apply to all free DAB programming streams.

[72 FR 45692, Aug. 15, 2007, as amended at 85 FR 78027, Dec. 3, 2020]



Sec. 73.404  IBOC DAB operation.

    (a) The licensee of an AM or FM station, or the permittee of a new 
AM or FM station which has commenced program test operation pursuant to 
Sec. 73.1620, may commence hybrid IBOC DAB operation with digital 
facilities which conform to the technical specifications specified for 
hybrid DAB operation in the (2002) First Report and Order in MM Docket 
No. 99-325, as revised in the Media Bureau's subsequent Order in MM 
Docket No. 99-325. In addition, the licensee of an AM station, or the 
permittee of a new AM station that has commenced program test authority 
pursuant to Sec. 73.1620, may, with reasonable notice to listeners, 
commence all-digital IBOC operation with digital facilities that conform 
to the requirements set out in the (2020) Report and Order in MB Docket 
No. 19-311 and MB Docket No. 13-249. An AM or FM station may transmit 
IBOC signals during all hours for which the station is licensed to 
broadcast.
    (b) In situations where interference to other stations is 
anticipated or actually occurs, hybrid AM licensees may, upon 
notification to the Commission, reduce the power of the primary DAB 
sidebands by up to 6 dB. All-digital AM licensees, may, upon 
notification to the Commission, reduce the power of the secondary and 
tertiary sidebands by up to 6 dB, even if doing

[[Page 119]]

so results in non-compliance with Sec. 73.1560(a)(1). Any greater 
reduction of sideband power requires prior authority from the Commission 
via the filing of a request for special temporary authority or an 
informal letter request for modification of license.
    (c) Hybrid IBOC AM stations must use the same licensed main or 
auxiliary antenna to transmit the analog and digital signals.
    (d) FM stations may transmit hybrid IBOC signals in combined mode; 
i.e., using the same antenna for the analog and digital signals; or may 
employ separate analog and digital antennas. Where separate antennas are 
used, the digital antenna:
    (1) Must be a licensed auxiliary antenna of the station;
    (2) Must be located within 3 seconds latitude and longitude from the 
analog antenna;
    (3) Must have a radiation center height above average terrain 
between 70 and 100 percent of the height above average terrain of the 
analog antenna.

[72 FR 45692, Aug. 15, 2007, as amended at 75 FR 17877, Apr. 8, 2010; 85 
FR 18151, Apr. 1, 2020; 85 FR 78027, Dec. 3, 2020]



Sec. 73.406  Notification.

    (a) Hybrid AM and FM licensees must electronically file a digital 
notification to the Commission in Washington, DC, within 10 days of 
commencing IBOC digital operation.
    (1) All-digital licensees must file a digital notification within 10 
days of the following changes:
    (i) Any reduction in nominal power of an all-digital AM station;
    (ii) A transition from enhanced to core-only operating mode; or
    (iii) A reversion from all-digital to hybrid or analog operation.
    (2) All-digital licensees will not be permitted to commence 
operation sooner than 30 calendar days from public notice of digital 
notification of the following changes:
    (i) The commencement of new all-digital operation;
    (ii) An increase in nominal power of an all-digital AM station; or
    (iii) A transition from core-only to enhanced operating mode.
    (b) Every digital notification must include the following 
information:
    (1) The call sign and facility identification number of the station;
    (2) If applicable, the date on which the new or modified IBOC 
operation commenced or ceased;
    (3) The name and telephone number of a technical representative the 
Commission can call in the event of interference;
    (4) A certification that the operation will not cause human exposure 
to levels of radio frequency radiation in excess of the limits specified 
in Sec. 1.1310 of this chapter and is therefore categorically excluded 
from environmental processing pursuant to Sec. 1.1306(b) of this 
chapter. Any station that cannot certify compliance must submit an 
environmental assessment (``EA'') pursuant to Sec. 1.1311 of this 
chapter and may not commence IBOC operation until such EA is ruled upon 
by the Commission.
    (c) Each AM digital notification must also include the following 
information:
    (1) A certification that the IBOC DAB facilities conform to 
applicable nominal power limits and emissions mask limits;
    (2) The nominal power of the station; if separate analog and digital 
transmitters are used, the nominal power for each transmitter;
    (3) If applicable, the amount of any reduction in an AM station's 
digital carriers;
    (4) For all-digital stations, the type of notification (all-digital 
notification, increase in nominal power, reduction in nominal power, 
transition from core-only to enhanced, transition from enhanced to core-
only, reversion from all-digital to hybrid or analog operation);
    (5) For all-digital stations, if a notification of commencement of 
new all-digital service or a nominal power change, whether the station 
is operating in core-only or enhanced mode; and
    (6) For all-digital stations, a certification that the all-digital 
station complies with all Emergency Alert System (EAS) requirements in 
part 11 of this chapter.
    (d) Each FM digital notification must also include the following 
information:

[[Page 120]]

    (1) A certification that the IBOC DAB facilities conform to the HD 
Radio emissions mask limits;
    (2) FM digital effective radiated power used and certification that 
the FM analog effective radiated power remains as authorized;
    (3) If applicable, the geographic coordinates, elevation data, and 
license file number of the auxiliary antenna employed by an FM station 
as a separate digital antenna; and
    (4) If applicable, for FM systems employing interleaved antenna 
bays, a certification that adequate filtering and/or isolation equipment 
has been installed to prevent spurious emissions in excess of the limits 
specified in Sec. 73.317.

[85 FR 78027, Dec. 3, 2020]



        Subpart D_Noncommercial Educational FM Broadcast Stations

    Source: 28 FR 13651, Dec. 14, 1963, unless otherwise noted. 
Redesignated at 72 FR 45692, Aug. 15, 2007.



Sec. 73.501  Channels available for assignment.

    (a) The following frequencies, except as provided in paragraph (b) 
of this section, are available for noncommercial educational FM 
broadcasting:

------------------------------------------------------------------------
                                                                Channel
                       Frequency (MHz)                            No.
------------------------------------------------------------------------
87.9........................................................     \1\ 200
88.1........................................................         201
88.3........................................................         202
88.5........................................................         203
88.7........................................................         204
88.9........................................................         205
89.1........................................................     \2\ 206
89.3........................................................         207
89.5........................................................         208
89.7........................................................         209
89.9........................................................         210
90.1........................................................         211
90.3........................................................         212
90.5........................................................         213
90.7........................................................         214
90.9........................................................         215
91.1........................................................         216
91.3........................................................         217
91.5........................................................         218
91.7........................................................         219
91.9........................................................         220
------------------------------------------------------------------------
\1\ The frequency 87.9 MHz, Channel 200, is available only for use of
  existing Class D stations required to change frequency. It is
  available only on a noninterference basis with respect to TV Channel 6
  stations and adjacent channel noncommercial educational FM stations.
  It is not available at all within 402 kilometers (250 miles) of Canada
  and 320 kilometers (199 miles) of Mexico. The specific standards
  governing its use are contained in Sec. 73.512.
\2\ The frequency 89.1 MHz, Channel 206, in the New York City
  metropolitan area, is reserved for the use of the United Nations with
  the equivalent of an antenna height of 150 meters (492 feet) above
  average terrain and effective radiated power of 20 kW and the
  Commission will make no assignments which would cause objectionable
  interference with such use.

    (b) [Reserved]

[43 FR 39715, Sept. 6, 1978, as amended at 47 FR 30068, July 12, 1982; 
52 FR 43765, Nov. 16, 1987; 58 FR 44950, Aug. 25, 1993; 87 FR 15343, 
Mar. 18, 2022]



Sec. 73.503  Licensing requirements and service.

    The operation of, and the service furnished by noncommercial 
educational FM broadcast stations shall be governed by the following:
    (a) A noncommercial educational FM broadcast station will be 
licensed only to a nonprofit educational organization and upon showing 
that the station will be used for the advancement of an educational 
program.
    (1) In determining the eligibility of publicly supported educational 
organizations, the accreditation of their respective state departments 
of education shall be taken into consideration.
    (2) In determining the eligibility of privately controlled 
educational organizations, the accreditation of state departments of 
education and/or recognized regional and national educational 
accrediting organizations shall be taken into consideration.
    (b) Each station may transmit programs directed to specific schools 
in a system or systems for use in connection with the regular courses as 
well as routine and administrative material pertaining thereto and may 
transmit educational, cultural, and entertainment programs to the 
public.
    (c) A noncommercial educational FM broadcast station may broadcast 
programs produced by, or at the expense of, or furnished by persons 
other than the licensee, if no other consideration than the furnishing 
of the program and

[[Page 121]]

the costs incidental to its production and broadcast are received by the 
licensee. The payment of line charges by another station network, or 
someone other than the licensee of a noncommercial educational FM 
broadcast station, or general contributions to the operating costs of a 
station, shall not be considered as being prohibited by this paragraph.
    (d) Each station shall furnish a nonprofit and noncommercial 
broadcast service. Noncommercial educational FM broadcast stations are 
subject to the provisions of Sec. 73.1212 to the extent they are 
applicable to the broadcast of programs produced by, or at the expense 
of, or furnished by others. No promotional announcement on behalf of for 
profit entities shall be broadcast at any time in exchange for the 
receipt, in whole or in part, of consideration to the licensee, its 
principals, or employees. However, acknowledgements of contributions can 
be made. The scheduling of any announcements and acknowledgements may 
not interrupt regular programming, except as permitted under paragraph 
(e) of this section.
    (e) A noncommercial educational FM broadcast station may interrupt 
regular programming to conduct fundraising activities on behalf of a 
third-party non-profit organization, provided that all such fundraising 
activities conducted during any given year do not exceed one percent of 
the station's total annual airtime. A station may use the prior year's 
total airtime for purposes of determining how many hours constitute one 
percent of its total annual airtime. With respect to stations that 
multicast programming on two or more separate channels, the one-percent 
annual limit will apply separately to each individual programming 
stream. For purposes of this paragraph, a non-profit organization is an 
entity that qualifies as a non-profit organization under 26 U.S.C. 
501(c)(3).
    (1) Audience disclosure. A noncommercial educational FM broadcast 
station that interrupts regular programming to conduct fundraising 
activities on behalf of a third-party non-profit organization must air a 
disclosure during such activities clearly stating that the fundraiser is 
not for the benefit of the station itself and identifying the entity for 
which it is fundraising. The station must air the audience disclosure at 
the beginning and the end of each fundraising program and at least once 
during each hour in which the program is on the air.
    (2) Reimbursement. A noncommercial educational FM broadcast station 
that interrupts regular programming to conduct fundraising activities on 
behalf of a third-party non-profit organization may accept reimbursement 
of expenses incurred in conducting third-party fundraising activities or 
airing third-party fundraising programs.
    (3) Exemption. No noncommercial educational FM broadcast station 
that receives funding from the Corporation for Public Broadcasting shall 
have the authority to interrupt regular programming to conduct 
fundraising activities on behalf of a third-party non-profit 
organization.
    (f) Mutually exclusive applications for noncommercial educational 
radio stations operating on reserved channels will be resolved pursuant 
to the point system in subpart K.
    (g) Application limit. An applicant may file no more than a total of 
10 applications in the 2021 NCE FM filing window. A party to an 
application filed in the 2021 NCE FM filing window may hold attributable 
interests, as defined in Sec. 73.7000, in no more than a total of 10 
applications filed in the window. If it is determined that any party to 
an application has an attributable interest in more than 10 
applications, the Media Bureau will retain the 10 applications that were 
filed first--based on the date of application receipt--and dismiss all 
other applications.

    Note to Sec. 73.503: Commission interpretation on this rule, 
including the acceptable form of acknowledgements, may be found in the 
Second Report and Order in Docket No. 21136 (Commission Policy 
Concerning the Noncommercial Nature of Educational Broadcast Stations), 
86 FCC 2d 141 (1981); the Memorandum Opinion and Order in Docket No. 
21136, 90 FCC 2d 895 (1982); the Memorandum Opinion and Order in Docket 
21136, 97 FCC 2d 255 (1984); and the Report and Order in Docket No. 12-
106 (Noncommercial Educational Station Fundraising for Third-Party Non-
Profit Organizations), FCC 17-41, April 20, 2017. See also Commission 
Policy Concerning the Noncommercial Nature of Educational Broadcast 
Stations, Public Notice, 7 FCC Rcd 827 (1992), which can be retrieved

[[Page 122]]

through the Internet at http://www.fcc.gov/mmb/asd/nature.html.

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[28 FR 13651, Dec. 14, 1963, as amended at 35 FR 7558, May 15, 1970; 47 
FR 36178, Aug. 19, 1982; 49 FR 29069, July 18, 1984; 63 FR 33877, June 
22, 1998; 65 FR 36378, June 8, 2000; 82 FR 21135, May 5, 2017; 86 FR 
26838, May 5, 2021]



Sec. 73.504  Channel assignments in the Mexican border area.

    (a) NCE-FM stations within 199 miles (320 km) of the United States-
Mexican border shall comply with the separation requirements and other 
provisions of the ``Agreement between the United States of America and 
the United Mexican States Concerning Frequency Modulation Broadcasting 
in the 88 to 108 MHz Band'' as amended.
    (b) Applicants for noncommercial educational FM stations within 199 
miles (320 km) of the United States-Mexican border shall propose at 
least Class A minimum facilities (see Sec. 73.211(a)). However, 
existing Class D noncommercial educational stations may apply to change 
frequency within the educational portion of the FM band in accordance 
with the requirements set forth in Sec. 73.512.
    (c) Section 73.208 of this chapter shall be complied with as to the 
determination of reference points and distance computations used in 
applications for new or changed facilities. However, if it is necessary 
to consider a Mexican channel assignment or authorization, the 
computation of distance will be determined as follows: if a transmitter 
site has been established, on the basis of the coordinates of the site; 
if a transmitter site has not been established, on the basis of the 
reference coordinates of the community, town, or city.

[52 FR 43765, Nov. 16, 1987]



Sec. 73.505  Zones.

    For the purpose of assignment of noncommercial educational FM 
stations, the United States is divided into three zones, Zone I, Zone I-
A, and Zone II, having the boundaries specified in Sec. 73.205.

[42 FR 36828, July 18, 1977]



Sec. 73.506  Classes of noncommercial educational FM stations and channels.

    (a) Noncommercial educational stations operating on the channels 
specified in Sec. 73.501 are divided into the following classes:
    (1) A Class D educational station is one operating with no more than 
10 watts transmitter power output.
    (2) A Class D educational (secondary) station is one operating with 
no more than 10 watts transmitter power output in accordance with the 
terms of Sec. 73.512 or which has elected to follow these requirements 
before they become applicable under the terms of Sec. 73.512.
    (3) Noncommercial educational FM (NCE-FM) stations with more than 10 
watts transmitter power output are classified as Class A, B1, B, C3, C2, 
C1, or C depending on the station's effective radiated power and antenna 
height above average terrain, and on the zone in which the station's 
transmitter is located, on the same basis as set forth in Sec. Sec. 
73.210 and 73.211 for commercial stations.
    (b) Any noncommercial educational station except Class D may be 
assigned to any of the channels listed in Sec. 73.501. Class D 
noncommercial educational FM stations applied for or authorized prior to 
June 1, 1980, may continue to operate on their authorized channels 
subject to the provisions of Sec. 73.512.

[43 FR 39715, Sept. 6, 1978, as amended at 49 FR 10264, Mar. 20, 1984; 
52 FR 47569, Dec. 15, 1987; 54 FR 16367, Apr. 24, 1989; 54 FR 19374, May 
5, 1989]



Sec. 73.507  Minimum distance separations between stations.

    (a) Minimum distance separations. No application for a new station, 
or change in channel or transmitter site or increase in facilities of an 
existing station, will be granted unless the proposed facilities will be 
located so as to meet the adjacent channel distance separations 
specified in Sec. 73.207(a) for the class of station involved with 
respect to assignment on Channels 221, 222, and 223 listed in Sec. 
73.201 (except where in the case of an existing station the proposed 
facilities fall within the provisions of Sec. 73.207(b)), or where a 
Class D station is changing frequency to comply with the requirements of 
Sec. 73.512.

[[Page 123]]

    (b) Stations authorized as of September 10, 1962, which do not meet 
the requirements of paragraph (a) of this section and Sec. 73.511, may 
continue to operate as authorized; but any application to change 
facilities will be subject to the provisions of this section.
    (c)(1) Stations separated in frequency by 10.6 or 10.8 MHz (53 or 54 
channels) from allotments or assignments on non-reserved channels will 
not be authorized unless they conform to the separations given in Table 
1 to paragraph (b) of Sec. 73.207.
    (2) Under the United States-Mexican FM Broadcasting Agreement, for 
stations and assignments differing in frequency by 10.6 to 10.8 MHz (53 
or 54 channels), U.S. noncommercial educational FM allotments and 
assignments must meet the separations given in Table 3 to paragraph (b) 
of Sec. 73.207 to Mexican allotments or assignments in the border area.

[42 FR 36828, July 18, 1977, as amended at 43 FR 39716, Sept. 6, 1978; 
44 FR 65764, Nov. 15, 1979; 49 FR 10264, Mar. 20, 1984; 49 FR 19670, May 
9, 1984; 87 FR 15343, Mar. 18, 2022]



Sec. 73.508  Standards of good engineering practice.

    (a) All noncommercial educational stations and LPFM stations 
operating with more than 10 watts transmitter power output shall be 
subject to all of the provisions of the FM Technical Standards contained 
in subpart B of this part. Class D educational stations and LPFM 
stations operating with 10 watts or less transmitter output power shall 
be subject to the definitions contained in Sec. 73.310, and also to 
those other provisions of the FM Technical Standards which are 
specifically made applicable to them by the provisions of this subpart.
    (b) The transmitter and associated transmitting equipment of each 
noncommercial educational FM station and LPFM station licensed for 
transmitter power output above 10 watts must be designed, constructed 
and operated in accordance with Sec. 73.317.
    (c) The transmitter and associated transmitting equipment of each 
noncommercial educational FM station licensed for transmitter power 
output of 10 watts or less, although not required to meet all 
requirements of Sec. 73.317, must be constructed with the safety 
provisions of the current national electrical code as approved by the 
American National Standards Institute. These stations must be operated, 
tuned, and adjusted so that emissions are not radiated outside the 
authorized band causing or which are capable of causing interference to 
the communications of other stations. The audio distortion, audio 
frequency range, carrier hum, noise level, and other essential phases of 
the operation which control the external effects, must be at all times 
capable of providing satisfactory broadcast service. Studio equipment 
properly covered by an underwriter's certificate will be considered as 
satisfying safety requirements.

[65 FR 7640, Feb. 15, 2000]



Sec. 73.509  Prohibited overlap.

    (a) An application for a new or modified NCE-FM station other than a 
Class D (secondary) station will not be accepted if the proposed 
operation would involve overlap of signal strength contours with any 
other station licensed by the Commission and operating in the reserved 
band (Channels 200-220, inclusive) as set forth in Table 1 to this 
paragraph (a):

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                      Contour of       Contour of other
      Frequency separation         proposed station         station
------------------------------------------------------------------------
Co-channel......................  0.1mV/m (40 dBu)..  1 mV/m (60 dBu)
                                  1 mV/m (60 dBu)...  0.1 mV/m (40 dBu)
200 kHz.........................  0.5 mV/m (54 dBu).  1 mV/m (60 dBu)
                                  1 mV/m (60 dBu)1..  0.5 mV/m (54 dBu)
400 kHz/600 kHz.................  100 mV/m (100 dBu)  1 mV/m (60 dBu)
                                  1 mV/m (60 dBu)...  100 mV/m (100 dBu)
------------------------------------------------------------------------

    (b) An application by a Class D (secondary) station, other than an 
application to change class, will not be accepted if the proposed 
operation would involve overlap of signal strength contours with any 
other station as set forth in Table 2 to this paragraph (b):

[[Page 124]]



                        Table 2 to Paragraph (b)
------------------------------------------------------------------------
                                  Contour of       Contour of any other
     Frequency separation      proposed station          station
------------------------------------------------------------------------
Co-channel...................  0.1 mV/m (40      1 mV/m (60 dBu)
                                dBu).
200 kHz......................  0.5 mV/m (54      1 mV/m (60 dBu)
                                dBu).
400/600 kHz..................  100 mV/m (100     1 mV/m (60 dBu)
                                dBu).
------------------------------------------------------------------------

    (c) The following standards must be used to compute the distances to 
the pertinent contours:
    (1) The distance of the 60 dBu (1 mV/m) contours are to be computed 
using Figure 1 of Sec. 73.333 [F(50,50) curves] of this part.
    (2) The distance to the other contours are to be computed using 
Figure 1a of Sec. 73.333 [F(50,10) curves]. In the event that the 
distance to the contour is below 16 kilometers (approximately 10 miles), 
and therefore not covered by Figure 1a, curves in Figure 1 must be used.
    (3) The effective radiated power (ERP) that is the maximum ERP for 
any elevation plane on any bearing will be used.
    (d) An application for a change (other than a change in channel) in 
the facilities of a NCE-FM broadcast station will be accepted even 
though overlap of signal strength contours, as specified in paragraphs 
(a) and (b) of this section, would occur with another station in an area 
where such overlap does not already exists, if:
    (1) The total area of overlap with that station would not be 
increased;
    (2) The area of overlap with any other station would not increase;
    (3) The area of overlap does not move significantly closer to the 
station receiving the overlap; and,
    (4) No area of overlap would be created with any station with which 
the overlap does not now exist.
    (e) The provisions of this section concerning prohibited overlap 
will not apply where the area of such overlap lies entirely over water.

[50 FR 27962, July 9, 1985, as amended at 52 FR 43765, Nov. 16, 1987; 65 
FR 79778, Dec. 20, 2000; 87 FR 15343, Mar. 18, 2022]



Sec. 73.510  Antenna systems.

    (a) All noncommercial educational stations operating with more than 
10 watts transmitter output power shall be subject to the provisions of 
Sec. 73.316 concerning antenna systems contained in subpart B of this 
part.
    (b) Directional antenna. No application for a construction permit of 
a new station, or change in channel, or change in an existing facility 
on the same channel will be accepted for filing if a directional antenna 
with a maximum-to-minimum ratio of more than 15 dB is proposed.

[42 FR 36829, July 18, 1977]



Sec. 73.511  Power and antenna height requirements.

    (a) No new noncommercial educational station will be authorized with 
less power than minimum power requirements for commercial Class A 
facilities. (See Sec. 73.211.)
    (b) No new noncommercial educational FM station will be authorized 
with facilities greater than Class B in Zones I and I-A or Class C in 
Zone II, as defined in Sec. 73.211.
    (c) Stations licensed before December 31, 1984, and operating above 
50 kW in Zones I and I-A, and above 100 kW and in Zone II may continue 
to operate as authorized.

[50 FR 27963, July 9, 1985, as amended at 50 FR 31379, Aug. 2, 1985; 54 
FR 3602, Jan. 25, 1989]



Sec. 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

[[Page 125]]

channel. The station may select any commercial channel provided no 
objectionable interference, as set forth in Sec. 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 commercial 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 Sec. 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 
Sec. 73.506(a)(2)) will be permitted to continue to operate only so 
long as no interference (as defined in Sec. 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 Sec. 
73.3533) to change to another frequency or antenna site where it would 
not cause interference (as defined in Sec. 73.509). If the Class D 
(secondary) station must cease operation before the construction permit 
is granted, an application for temporary authorization (pursuant to 
Sec. 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]



Sec. 73.513  Noncommercial educational FM stations operating on unreserved channels.

    (a) Noncommercial educational FM stations other than Class D 
(secondary) which operate on Channels 221 through 300 but which comply 
with Sec. 73.503 as to licensing requirements and the nature of the 
service rendered, must comply with the provisions of the following 
sections of subpart B: Sec. Sec. 73.201 through 73.213 (Classification 
of FM Broadcast Stations and Allocations of Frequencies) and such other 
sections of subpart B as are made specially applicable by the provisions 
of this subpart C. Stations in Alaska authorized before August 11, 1982, 
using Channels 261-300

[[Page 126]]

need not meet the minimum effective radiated power requirement specified 
in Sec. 73.211(a). In all other respects, stations operating on 
Channels 221 through 300 are to be governed by the provisions of this 
subpart and not subpart B.
    (b) When a noncommercial educational applicant is among mutually 
exclusive applications for an unreserved FM channel, the mutually 
exclusive applications will be considered pursuant to Subpart I--
Competitive Bidding Procedures and not Subpart K--Application and 
Selection Procedures On Reserved Noncommercial Educational Channels.

[47 FR 30068, July 12, 1982, as amended at 65 FR 36378, June 8, 2000]



Sec. 73.514  Protection from interference.

    Permittees and licensees of NCE FM stations are not protected from 
interference which may be caused by the grant of a new LPFM station or 
of authority to modify an existing LPFM station, except as provided in 
subpart G of this part.

[65 FR 67299, Nov. 9, 2000]



Sec. 73.515  NCE FM transmitter location.

    The transmitter location shall be chosen so that, on the basis of 
effective radiated power and antenna height above average terrain 
employed, a minimum field strength of l mV/m (60 dBu) will be provided 
over at least 50 percent of its community of license or reach 50 percent 
of the population within the community.

[65 FR 79779, Dec. 20, 2000]



Sec. 73.525  TV Channel 6 protection.

    The provisions of this section apply to all applications for 
construction permits for new or modified facilities for a NCE-FM station 
on Channels 200-220 unless the application is accompanied by a written 
agreement between the NCE-FM applicant and each affected TV Channel 6 
broadcast station concurring with the proposed NCE-FM facilities.
    (a) Affected TV Channel 6 station. (1) An affected TV Channel 6 
station is a TV broadcast station which is authorized to operate on 
Channel 6 that is located within the following distances of a NCE-FM 
station operating on Channels 201-220:

                                 Table A
------------------------------------------------------------------------
                      Distance                             Distance
 NCE-FM channel     (kilometers)      NCE-FM channel     (kilometers)
------------------------------------------------------------------------
         201                265               211                196
         202                257               212                195
         203                246               213                193
         204                235               214                187
         205                225               215                180
         206                211               216                177
         207                196               217                174
         208                196               218                166
         209                196               219                159
         210                196               220                154
------------------------------------------------------------------------

    (2) Where a NCE-FM application has been accepted for filing or 
granted, the subsequent acceptance of an application filed by a relevant 
TV Channel 6 station will not require revision of the pending NCE-FM 
application or the FM station's authorized facilities, unless the 
provisions of paragraph (e)(3) of this section for TV translator or 
satellite stations apply.
    (b) Existing NCE-FM stations. (1) A NCE-FM station license 
authorized to operate on channels 201-220 as of December 31, 1984, or a 
permittee, granted a construction permit for a NCE-FM station as of 
December 31, 1984, are not subject to this section unless they propose 
either:
    (i) To make changes in operating facilities or location which will 
increase predicted interference as calculated under paragraph (e) of 
this section to TV Channel 6 reception in any direction; or,
    (ii) To increase its ratio of vertically polarized to horizontally 
polarized transmissions.
    (2) Applicants must comply with the provision of paragraphs (c) or 
(d) of this section unless the application for modification demonstrates 
that, for each person predicted to receive new interference as a result 
of the change, existing predicted interference to two person will be 
eliminated. Persons predicted to receive new interference are those 
located outside the area predicted to receive interference from the 
station's currently authorized facilities (``existing predicted 
interference area'') but within the area predicted to receive 
interference from the proposed

[[Page 127]]

facilities (``proposed predicted interference area''). Persons for whom 
predicted interference will be eliminated are those located within the 
existing predicted interference area and outside the proposed predicted 
interference area.
    (i) In making this calculation, the provisions contained at 
paragraph (e) will be used except as modified by paragraph (b)(3) of 
this section.
    (ii) The following adjustment to the population calculation may be 
made: up to 1,000 persons may be subtracted from the population 
predicted to receive new interference if, for each person substracted, 
the applicant effectively installs two filters within 90 days after 
commencing program tests with the proposed facilities and, no later than 
45 days thereafter, provides the affected TV Channel 6 station (as 
defined in paragraph (a) of this section) with a certification 
containing sufficient information to permit verification of such 
installation. The required number of filters will be installed on 
television receivers located within the predicted interference area; 
provided that half of the installations are within the area predicted to 
receive new interference.
    (3) Where an NCE-FM applicant wishes to operate with facilities in 
excess of that permitted under the provisions of paragraphs (c) or (d) 
of this section, by proposing to use vertically polarized transmissions 
only, or to increase its ratio of vertically to horizontally polarized 
transmissions, the affected TV Channel 6 station must be given an option 
to pay for the required antenna and, if it takes that option, the NCE-FM 
vertically polarized component of power will be one half (-3 dB) that 
which would be allowed by the provisions of paragraph (e)(4) of this 
section.
    (4) Applications for modification will include a certification that 
the applicant has given early written notice of the proposed 
modification to all affected TV Channel 6 stations (as defined in 
paragraph (a) of this section).
    (5) Where the NCE-FM station demonstrates in its application that it 
must make an involuntary modification (e.g., due to loss of its 
transmitter site) that would not otherwise be permitted under this 
section, its application will be considered on a case-by-case basis. In 
such cases, the provisions of paragraph (b)(3) of this section do not 
apply.
    (c) New NCE-FM stations. Except as provided for by paragraph (d) of 
this section, applicants for NCE-FM stations proposing to operate on 
Channels 201-220 must submit a showing indicating that the predicted 
interference area resulting from the proposed facility contains no more 
than 3,000 persons.
    (1) In making these calculations, the provisions in paragraph (e) of 
this section will be used.
    (2) The following adjustment to population may be made: up to 1,000 
persons may be subtracted from the population within the predicted 
interference area if, for each person subtracted, the applicant 
effectively installs one filter within 90 days after commencing program 
tests and, no later than 45 days thereafter, provides the affected TV 
Channel 6 station with a certification containing sufficient information 
to permit verification of such installation. The required number of 
filters will be installed on television receivers located within the 
predicted interference area.
    (d) Collocated stations. As an alternative to the provisions 
contained in paragraphs (b) and (c) of this section, an application for 
a NCE-FM station operating on Channels 201-220 and located at 0.4 
kilometer (approximately 0.25 mile) or less from a TV Channel 6 station 
will be accepted under the following requirements:
    (1) The effective radiated power cannot exceed the following values:

                                 Table B
------------------------------------------------------------------------
 NCE-FM channel    Power (kilowatt)   NCE-FM channel    Power (kilowatt)
------------------------------------------------------------------------
          201               1.1                211              26.3
          202               1.9                212              31.6
          203               3.1                213              38.0
          204               5.0                214              46.8
          205               8.3                215              56.2
          206              10.0                216              67.6
          207              12.0                217              83.2
          208              14.8                218             100.0
          209              17.8                219             100.0
          210              21.4                220             100.0
------------------------------------------------------------------------

    (2) The NCE-FM application will include a certification that the 
applicant has coordinated its antenna with the

[[Page 128]]

affected TV station by employing either: The same number of antenna bays 
with radiation centers separated by no more than 30 meters 
(approximately 100 feet) verticially; or, the FM vertical pattern not 
exceeding the TV vertical pattern by more than 2dB.
    (e) Calculation of predicted interference area and population. 
Predictions of interference required under this section and calculations 
to determine the number of persons within a predicted interference area 
for NCE-FM operation on Channels 201-220 are made as follows:
    (1) The predicted interference area will be calculated as follows:
    (i) The distances to the TV Channel 6 field strength contours will 
be predicted according to the procedures specified in Sec. 73.684, 
``Prediction of coverage,'' using the F(50,50) curves in Figure 9, Sec. 
73.699.
    (ii) For each TV Channel 6 field strength contour, there will be an 
associated F(50,10) FM interference contour, the value of which (in 
units of dBu) is defined as the sum of the TV Channel 6 field strength 
(in dBu) and the appropriate undesired-to-desired (U/D) signal ratio (in 
dB) obtained from Figures 1 and 2, Sec. 73.599, corresponding to the 
channel of the NCE-FM applicant and the appropriate F(50,50) field 
strength contour of the TV Channel 6 station.
    (iii) An adjustment of 6 dB for television receiving antenna 
directivity will be added to each NCE-FM interference contour at all 
points outside the Grade A field strength contour (Sec. 73.683) of the 
TV Channel 6 station and within an arc defined by the range of angles, 
of which the FM transmitter site is the vertex, from 110[deg] relative 
to the azimuth from the FM transmitter site to the TV Channel 6 
transmitter site, counterclockwise to 250[deg] relative to that azimuth. 
At all points at and within the Grade A field strength contour of the TV 
Channel 6 station, the 6 dB adjustment is applicable over the range of 
angles from 70[deg] clockwise to 110[deg] and from 250[deg] clockwise to 
290[deg].
    (iv) The distances to the applicable NCE-FM interference contours 
will be predicted according to the procedures specified in Sec. 73.313, 
``Prediction of Coverage,'' using the proposed antenna height and 
horizontally polarized, or the horizontal equivalent of the vertically 
polarized, effective radiated power in the pertinent direction and the 
F(50,10) field strength curves (Figure 1a, Sec. 73.333).
    (v) The predicted interference area will be defined as the area 
within the TV Channel 6 station's 47 dBu field strength contour that is 
bounded by the locus of intersections of a series of TV Channel 6 field 
strength contours and the applicable NCE-FM interference contours.
    (vi) In cases where the terrain in one or more directions departs 
widely from the surrounding terrain average (for example, an intervening 
mountain), a supplemental showing may be made. Such supplemental 
showings must describe the procedure used and should include sample 
calculations. The application must also include maps indicating the 
predicted interference area for both the regular method and the 
supplemental method.
    (vii) In cases where the predicted interference area to Channel 6 
television from a noncommercial educational FM station will be located 
within the 90 dBu F(50,50) contour of the television Channel 6 station, 
the location of the FM interfering contour must be determined using the 
assumption that the Channel 6 field strength remains constant at 90 dBu 
everywhere within the 90 dBu TV contour. The FM to Channel 6 U/D signal 
strength ratio specified in Sec. 73.599 corresponding to the Channel 6 
TV field strength of 90 dBu shall be used.
    (2) The number of persons contained within the predicted 
interference area will be based on data contained in the most recently 
published U.S. Census of Population and will be determined by plotting 
the predicted interference area on a County Subdivision Map of the state 
published for the Census, and totalling the number of persons in each 
County Subdivision (such as, Minor Civil Division (MCD), Census County 
Division (CCD), or equivalent areas) contained within the predicted 
interference area. Where only a portion of County Subdivision is 
contained within the interference area:
    (i) The population of all incorporated places or Census designated 
places will

[[Page 129]]

be subtracted from the County Subdivision population;
    (ii) Uniform distribution of the remaining population over the 
remaining area of the County Subdivision will be assumed in determining 
the number of persons within the predicted interference area in 
proportion to the share of the remaining area of the County Subdivision 
that lies within the predicted interference area; and,
    (iii) The population of the incorporated places or Census designated 
places contained within the predicted interference area will then be 
added to the total, again assuming uniform distribution of the 
population within the area of each place and adding a share of the 
population proportional to the share of the area if only a portion of 
such a place is within the predicted interference area.
    (iv) At the option of either the NCE-FM applicant or an affected TV 
Channel 6 station which provides the appropriate analysis, more detailed 
population data may be used.
    (3) Adjustments to the population calculated pursuant to paragraph 
(e)(2) of this section may be made as follows:
    (i) If any part of the predicted interference area is within the 
Grade A field strength contour (Sec. 73.683) of a TV translator station 
carrying the affected TV Channel 6 station, the number of persons within 
that overlap area will be subtracted, provided the NCE-FM construction 
permit and license will contain the following conditions:
    (A) When the TV translator station ceases to carry the affected TV 
Channel 6 station's service and the cessation is not the choice of the 
affected TV Channel 6 station, the NCE-FM station will modify its 
facilities, within a reasonable transition period, to meet the 
requirements of this section which would have applied if no adjustment 
to population for translator service had been made in its application.
    (B) The transition period may not exceed 1 year from the date the 
NCE-FM station is notified by the TV Channel 6 station that the 
translator station will cease to carry the affected TV Channel 6 
station's service or 6 months after the translator station ceases to 
carry the affected TV Channel 6 station's service, whichever is earlier.
    (ii) If any part of the interference area is within the Grade B 
field strength contour (Sec. 73.683) of a satellite station of the 
affected TV Channel 6 station, the number of persons within the overlap 
area will be subtracted, provided the NCE-FM permit and license will 
contain the following conditions:
    (A) If the satellite station ceases to carry the affected TV Channel 
6 station's service and the cessation is not the choice of the affected 
TV Channel 6 station, the NCE-FM station will modify its facilities, 
within a reasonable transition period, to meet the requirements of this 
rule which would have applied if no adjustment to population for 
satellite station service had been made in its application.
    (B) The transition period may not exceed 1 year from the date the 
NCE-FM station is notified by the TV Channel 6 station that the 
satellite station will cease to carry the affected TV Channel 6 
stations's service or 6 months after the satellite station ceases to 
carry the affected TV Channel 6 station's service, whichever is earlier.
    (iii) If any part of the predicted interference area is located 
outside the affected TV Channel 6 station's Area of Dominant Influence 
(ADI), outside the Grade A field strength contour (Sec. 73.683), and 
within the predicted city grade field strength contour (73.685(a)) of a 
TV broadcast station whose only network affiliation is the same as the 
only network affiliation of the affected TV Channel 6 station, the 
number of persons within that part will be subtracted. (For purposes of 
this provision, a network is defined as ABC, CBS, NBC, or their 
successors.) In addition, the ADI of an affected TV Channel 6 station 
and the program network affiliations of all relevant TV broadcast 
stations will be assumed to be as they were on the filing date of the 
NCE-FM application or June 1, 1985, whichever is later.
    (iv) In calculating the population within the predicted interference 
area, an exception will be permitted upon a showing (e.g., as survey of 
actual television reception) that the number of persons within the 
predicted interference area should be reduced to account for persons 
actually experiencing

[[Page 130]]

co-channel or adjacent channel interference to reception of the affected 
TV Channel 6 station. The area within which such a showing may be made 
will be limited to the area calculated as follows:
    (A) The distances to the field strength contours of the affected TV 
Channel 6 station will be predicted according to the procedures 
specified in Sec. 73.684, ``Prediction of coverage,'' using the 
F(50,50) curves in Figure 9, Sec. 73.699.
    (B) For each field strength contour of the affected TV Channel 6 
station, there will be an associated co-channel or adjacent channel TV 
broadcast station interference contour, the value of which (in units of 
dBu) is defined as the sum of the affected TV Channel 6 station's field 
strength (in dBu) and the appropriate undesired-to-desired signal ratio 
(in dB) as follows:

Co-channel, normal offset, -22 dB
Co-channel, no offset, -39 dB
Adjacent channel, + 12 dB

    (C) The distances to the associated co-channel or adjacent channel 
TV broadcast station interference contour will be predicted according to 
the procedures specified in Sec. 73.684, ``Prediction of coverage,'' 
using the F(50,10) curves in Figure 9a, Sec. 73.699.
    (D) The area within which the showing of actual interference may be 
made will be the area bounded by the locus of intersections of a series 
of the affected TV Channel 6 station's field strength contours and the 
associated interference contours of the co-channel or adjacent channel 
TV broadcast station.
    (4) The maximum permissible effective radiated power (ERP) and 
antenna height may be adjusted for vertical polarity as follows:
    (i) If the applicant chooses to use vertically polarized 
transmissions only, the maximum permissible vertically polarized ERP 
will be the maximum horizontally polarized ERP permissible at the same 
proposed antenna height, calculated without the adjustment for 
television receiving antenna directivity specified in paragraph 
(e)(1)(iii) of this section, multiplied by either: 40 if the predicted 
interference area lies entirely outside the limits of a city of 50,000 
persons or more; or 10 if it does not.
    (ii) If the applicant chooses to use mixed polarity, the permissible 
ERP is as follows:

[H + (V/A)] is no greater than P

Where:

H is the horizontally polarized ERP in kilowatts for mixed polarity;
V is the vertically polarized ERP in kilowatts for mixed polarity;
A is 40 if the predicted interference area lies entirely outside the 
          limits of a city of 50,000 persons or more, or 10 if it does 
          not; and
P is the maximum permitted horizontally polarized-only power in 
          kilowatts.

    (f) Channel 200 Applications. No application for use of NCE-FM 
Channel 200 will be accepted if the requested facility would cause 
objectionable interference to TV Channel 6 operations. Such 
objectionable interference will be considered to exist whenever the 15 
dBu contour based on the F(50,10) curves in Sec. 73.333 Figure 1a would 
overlap the 40 dBu contour based on the F(50,50) curves in Sec. 73.699, 
Figure 9.

[50 FR 27963, July 9, 1985; 50 FR 30187, July 24, 1985; 50 FR 31379, 
Aug. 2, 1985, as amended at 51 FR 26250, July 22, 1986; 52 FR 25867, 
July 9, 1987; 62 FR 51059, Sept. 30, 1997]



Sec. 73.558  Indicating instruments.

    The requirements for indicating instruments described in Sec. 
73.258 are applicable to all educational FM broadcast stations licensed 
with a transmitter power greater than 0.01 kw.

[51 FR 17029, May 8, 1986]



Sec. 73.561  Operating schedule; time sharing.

    (a) All noncommercial educational FM stations will be licensed for 
unlimited time operation except those stations operating under a time 
sharing arrangement. All noncommercial educational FM stations are 
required to operate at least 36 hours per week, consisting of at least 5 
hours of operation per day on at least 6 days of the week; however, 
stations licensed to educational institutions are not required to 
operate on Saturday or Sunday or to observe the minimum operating 
requirements during those days designated on the official school 
calendar as vacation or recess periods.

[[Page 131]]

    (b) All stations, including those meeting the requirements of 
paragraph (a) of this section, but which do not operate 12 hours per day 
each day of the year, will be required to share use of the frequency 
upon the grant of an appropriate application proposing such share time 
arrangement. Such applications shall set forth the intent to share time 
and shall be filed in the same manner as are applications for new 
stations. They may be filed at any time, but in cases where the parties 
are unable to agree on time sharing, action on the application will be 
taken only in connection with the renewal of application for the 
existing station. In order to be considered for this purpose, such an 
application to share time must be filed no later than the deadline for 
filing petitions to deny the renewal application of the existing 
licensee, or, in the case of renewal applications filed by the existing 
licensee on or before May 1, 1995, no later than the deadline for filing 
applications in conflict with the such renewal applications.
    (1) The licensee and the prospective licensee(s) shall endeavor to 
reach an agreement for a definite schedule of periods of time to be used 
by each. Such agreement shall be in writing and shall set forth which 
licensee is to operate on each of the hours of the day throughout the 
year. Such agreement shall not include simultaneous operation of the 
stations. Each licensee shall file the same in triplicate with each 
application to the Commission for initial construction permit or renewal 
of license. Such written agreements shall become part of the terms of 
each station's license.
    (2) The Commission desires to facilitate the reaching of agreements 
on time sharing. However, if the licensees of stations authorized to 
share time are unable to agree on a division of time, the Commission 
shall be so notified by statement to that effect filed with the 
application proposing time sharing. Thereafter the Commission will 
designate the application for hearing on any qualification issues 
arising regarding the renewal or new applicants. If no such issues 
pertain, the Commission will set the matter for expedited hearing 
limited solely to the issue of the sharing of time. In the event the 
stations have been operating under a time sharing agreement but cannot 
agree on its continuation, a hearing will be held, and pending such 
hearing, the operating schedule previously adhered to shall remain in 
full force and effect.
    (c) A departure from the regular schedule set forth in a time-
sharing agreement will be permitted only in cases where a written 
agreement to that effect is reduced to writing, is signed by the 
licensees of the stations affected thereby, and is filed in triplicate 
by each licensee with the Commission, Attention: Audio Division, Media 
Bureau, prior to the time of the proposed change. If time is of the 
essence, the actual departure in operating schedule may precede the 
actual filing of the written agreement, provided that appropriate notice 
is sent to the Commission in Washington, DC, Attention: Audio Division, 
Media Bureau.
    (d) In the event that causes beyond the control of a permittee or 
licensee make it impossible to adhere to the operating schedule in 
paragraph (a) or (b) of this section or to continue operating, the 
station may limit or discontinue operation for a period not exceeding 30 
days without further authority from the Commission provided that 
notification is sent to the Commission in Washington, DC, Attention: 
Audio Division, Media Bureau, no later than the 10th day of limited or 
discontinued operation. During such period, the permittee shall continue 
to adhere to the requirements of the station license pertaining to the 
lighting of antenna structures. In the event normal operation is 
restored prior to the expiration of the 30 day period, the permittee or 
licensee will notify the FCC, Attention: Audio Division of the date that 
normal operations resumed. If causes beyond the control of the permittee 
or licensee make it impossible to comply within the allowed period, 
Special Temporary Authority (see Sec. 73.1635) must be requested to 
remain silent for such additional time as deemed necessary. The license 
of a broadcasting station that fails to transmit broadcast signals for 
any consecutive 12 month period expires as a matter of law at the end of

[[Page 132]]

that period, notwithstanding any provision, term, or condition of 
license to the contrary.

    Note 1 to Sec. 73.561: For allocations purposes, both (all) 
stations sharing time will be treated as unlimited time stations.
    Note 2 to Sec. 73.561: See Sec. Sec. 73.1705, 73.1715, and 
73.1740.

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[43 FR 39717, Sept. 6, 1978, as amended at 43 FR 45845, Oct. 4, 1978; 44 
FR 3416, Jan. 19, 1979; 44 FR 65764, Nov. 15, 1979; 47 FR 54448, Dec. 3, 
1982; 50 FR 13974, Apr. 9, 1985; 61 FR 18291, Apr. 25, 1996; 61 FR 
28767, June 6, 1996; 63 FR 33877, June 22, 1998; 67 FR 13231, Mar. 21, 
2002]



Sec. 73.567  Determining operating power.

    The procedures for determining operating power described in Sec. 
73.267 are applicable to noncommercial education FM stations.

[44 FR 58732, Oct. 11, 1979]



Sec. 73.593  Subsidiary communications services.

    The licensee of a noncommercial educational FM station is not 
required to use its subcarrier capacity, but if it chooses to do so, it 
is governed by Sec. Sec. 73.293 through 73.295 of the Commission's 
Rules regarding the types of permissible subcarrier uses and the manner 
in which subcarrier operations shall be conducted; Provided, however, 
that remunerative use of a station's subcarrier capacity shall not be 
detrimental to the provision of existing or potential radio reading 
services for the blind or otherwise inconsistent with its public 
broadcasting responsibilities.

[48 FR 26615, June 9, 1983]



Sec. 73.597  FM stereophonic sound broadcasting.

    A noncommercial educational FM broadcast station may, without 
specific authority from the FCC, transmit stereophonic sound programs 
upon installation of stereophonic sound transmitting equipment under the 
provisions of Sec. Sec. 2.977, 2.1001, 73.322, and 73.1590 of the FCC's 
Rules.

[51 FR 17029, May 8, 1986]



Sec. 73.599  NCE-FM engineering charts.

    This section consists of the following Figures 1 and 2.

[[Page 133]]

[GRAPHIC] [TIFF OMITTED] TC01MR91.091


[[Page 134]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.092


[50 FR 27965, July 9, 1985]

[[Page 135]]



                 Subpart E_Television Broadcast Stations



Sec. 73.601  Scope of subpart.

    This subpart contains the rules and regulations (including 
engineering standards) governing TV broadcast stations, including 
noncommercial educational TV broadcast stations and, where indicated, 
low power TV and TV translator stations in the United States, its 
Territories and possessions. TV broadcast, low power TV, and TV 
translator stations are assigned channels 6 MHz wide, designated as set 
forth in Sec. 73.603(a).

[47 FR 21494, May 18, 1982]



Sec. 73.602  Cross reference to rules in other parts.

    See Sec. 73.1010.

[43 FR 32781, July 28, 1978]



Sec. 73.603  Numerical designation of television channels.

    (a)

------------------------------------------------------------------------
                                                               Frequency
                         Channel No.                          band (MHz)
------------------------------------------------------------------------
2...........................................................       54-60
3...........................................................       60-66
4...........................................................       66-72
5...........................................................       76-82
6...........................................................       82-88
7...........................................................     174-180
8...........................................................     180-186
9...........................................................     186-192
10..........................................................     192-198
11..........................................................     198-204
12..........................................................     204-210
13..........................................................     210-216
14..........................................................     470-476
15..........................................................     476-482
16..........................................................     482-488
17..........................................................     488-494
18..........................................................     494-500
19..........................................................     500-506
20..........................................................     506-512
21..........................................................     512-518
22..........................................................     518-524
23..........................................................     524-530
24..........................................................     530-536
25..........................................................     536-542
26..........................................................     542-548
27..........................................................     548-554
28..........................................................     554-560
29..........................................................     560-566
30..........................................................     566-572
31..........................................................     572-578
32..........................................................     578-584
33..........................................................     584-590
34..........................................................     590-596
35..........................................................     596-602
36..........................................................     602-608
37..........................................................     608-614
------------------------------------------------------------------------

    (b) [Reserved]
    (c) Channel 37, 608-614 MHz is reserved exclusively for the radio 
astronomy service.
    (d) In Hawaii, the frequency band 488-494 MHz is allocated for non-
broadcast use. This frequency band (Channel 17) will not be assigned in 
Hawaii for use by television broadcast stations.

[28 FR 13660, Dec. 14, 1963, as amended at 35 FR 11179, July 11, 1970; 
39 FR 10576, Mar. 21, 1974; 47 FR 16789, Apr. 20, 1982; 47 FR 30068, 
July 12, 1982; 47 FR 35989, Aug. 18, 1982; 51 FR 18450, May 20, 1986; 70 
FR 46676, Aug. 10, 2005; 86 FR 66195, Nov. 22, 2021]



Sec. 73.606  Table of allotments.

    The table of allotments set forth in Sec. 73.622(j) contains the 
channels designated for the listed communities in the United States, its 
Territories, and possessions. Channels designated with an asterisk are 
assigned for use by noncommercial educational broadcast stations only.

[86 FR 66195, Nov. 22, 2021]



Sec. 73.609  Zones.

    (a) For the purpose of allotment and assignment, the United States 
is divided into three zones as follows:
    (1) Zone I consists of that portion of the United States located 
within the confines of the following lines drawn on the U.S. Albers 
Equal Area Projection Map (based on standard parallels 29\1/2\[deg] and 
45\1/2\[deg]; North American datum): Beginning at the most easterly 
point on the State boundary line between North Carolina and Virginia; 
thence in a straight line to a point on the Virginia-West Virginia 
boundary line located at north latitude 37[deg]49[min] and west 
longitude 80[deg]12[min]30[sec]; thence westerly along the southern 
boundary lines of the States of West Virginia, Ohio, Indiana, and 
Illinois to a point at the junction of the Illinois, Kentucky, and 
Missouri State boundary lines; thence northerly along the western 
boundary line of the State of Illinois to a point at the junction of the 
Illinois, Iowa, and Wisconsin State boundary lines; thence easterly 
along the northern State boundary line of Illinois to the 90th meridian; 
thence north along this meridian to the 43.5[deg] parallel; thence east 
along this parallel to the United States-Canada border; thence southerly

[[Page 136]]

and following that border until it again intersects the 43.5[deg] 
parallel; thence east along this parallel to the 71st meridian; thence 
in a straight line to the intersection of the 69th meridian and the 45th 
parallel; thence east along the 45th parallel to the Atlantic Ocean. 
When any of the above lines pass through a city, the city shall be 
considered to be located in Zone I. (See Figure 1 of Sec. 73.699.)
    (2) Zone II consists of that portion of the United States which is 
not located in either Zone I or Zone III, and Puerto Rico, Alaska, 
Hawaiian Islands and the Virgin Islands.
    (3) Zone III consists of that portion of the United States located 
south of a line, drawn on the United States Albers Equal Area Projection 
Map (based on standard parallels 29.50 and 45.50 North American datum), 
beginning at a point on the east coast of Georgia and the 31st parallel 
and ending at the United States-Mexican border, consisting of arcs drawn 
with a 241.4 kilometer (150 mile) radius to the north from the following 
specified points:

------------------------------------------------------------------------
                                                  North         West
                                                latitude      longitude
------------------------------------------------------------------------
(a).........................................  29[deg]40[mi  83[deg]24[mi
                                                 n]00[sec]     n]00[sec]
(b).........................................  30[deg]07[mi  84[deg]12[mi
                                                 n]00[sec]     n]00[sec]
(c).........................................  30[deg]31[mi  86[deg]30[mi
                                                 n]00[sec]     n]00[sec]
(d).........................................  30[deg]48[mi  87[deg]58[mi
                                                 n]00[sec]     n]30[sec]
(e).........................................  30[deg]00[mi  90[deg]38[mi
                                                 n]00[sec]     n]30[sec]
(f).........................................  30[deg]04[mi  93[deg]19[mi
                                                 n]30[sec]     n]00[sec]
(g).........................................  29[deg]46[mi  95[deg]05[mi
                                                 n]00[sec]     n]00[sec]
(h).........................................  28[deg]43[mi  96[deg]39[mi
                                                 n]00[sec]     n]30[sec]
(i).........................................  27[deg]52[mi  97[deg]32[mi
                                                 n]30[sec]     n]00[sec]
------------------------------------------------------------------------

    When any of the above arcs pass through a city, the city shall be 
considered to be located in Zone II. (See Figure 2 of Sec. 73.699.)

[28 FR 13660, Dec. 14, 1963, as amended at 33 FR 15422, Oct. 17, 1968; 
50 FR 23697, June 5, 1985; 51 FR 44070, Dec. 8, 1986]



Sec. 73.612  Protection from interference.

    (a) Permittees and licensees of TV broadcast stations are not 
protected from any interference which may be caused by the grant of a 
new station or of authority to modify the facilities of an existing 
station in accordance with the provisions of this subpart. The nature 
and extent of the protection from interference accorded to TV broadcast 
stations is limited solely to the protection which results from the 
minimum allotment and station separation requirements and the rules and 
regulations with respect to maximum powers and antenna heights set forth 
in this subpart.
    (b) When the Commission determines that grant of an application 
would serve the public interest, convenience, and necessity and the 
instrument of authorization specifies an antenna location in a 
designated antenna farm area which results in distance separation less 
than those specified in this subpart, TV broadcast station permittees 
and licensees shall be afforded protection from interference equivalent 
to the protection afforded under the minimum distance separations 
specified in this subpart.

    Note: The nature and extent of the protection from interference 
accorded to TV broadcast stations which were authorized prior to April 
14, 1952, and which were operating on said date is limited not only as 
specified above but is further limited by any smaller separations 
existing between such stations on said date. Where, as a result of the 
adoption of the Table of Allotments or of changes in transmitter sites 
made by such stations after said date, separations smaller than the 
required minimum are increased but still remain lower than the required 
minimum, protection accorded such stations will be limited to the new 
separations.

[28 FR 13660, Dec. 14, 1963, as amended at 32 FR 8814, June 21, 1967; 50 
FR 23698, June 5, 1985; 51 FR 44070, Dec. 8, 1986]



Sec. 73.613  Protection of Class A TV stations.

    (a) An application for a new TV broadcast station or for changes in 
the operating facilities of an existing TV broadcast station will not be 
accepted for filing if it fails to comply with the requirements 
specified in this section.

    Note to Sec. 73.613(a): Licensees and permittees of TV broadcast 
stations that were authorized on November 29, 1999 (and applicants for 
new TV stations that had been cut-off without competing applications or 
that were the winning bidder in a TV broadcast station auction as of 
that date, or that were the proposed remaining applicant in a group of 
mutually exclusive applications for which a settlement agreement was on 
file as of that date) may continue to operate with facilities that do 
not protect Class A TV stations. Applications filed on or before 
November 29, 1999 for a change in the operating facilities

[[Page 137]]

of such stations also are not required to protect Class A TV stations 
under the provisions of this section.

    (b) Due to the frequency spacing which exists between TV channels 4 
and 5, between channels 6 and 7, and between channels 13 and 14, first-
adjacent channel protection standards shall not be applicable to these 
pairs of channels. Some interference protection requirements of this 
section only apply to stations transmitting on the UHF TV channels 14 
through 36 (see Sec. 73.603(a)).
    (c) A UHF TV broadcast station application will not be accepted if 
it specifies a site less than 100 kilometers from the transmitter site 
of a UHF Class A TV station operating on a channel which is the seventh 
channel above the requested channel. Compliance with this requirement 
shall be determined based on a distance computation rounded to the 
nearest kilometer.
    (d) A UHF TV broadcast station application will not be accepted if 
it specifies a site less than 32 kilometers from the transmitter site of 
a UHF Class A TV station that is authorized an effective radiated power 
of more than 50 kilowatts and operating on a channel which is the 
second, third, or fourth channel above or below the requested channel. 
Compliance with this requirement shall be determined based on a distance 
computation rounded to the nearest kilometer.
    (e) In cases where a TV broadcast station has been authorized 
facilities that do not meet the distance separation requirements of this 
section, an application to modify such a station's facilities will not 
be accepted if it decreases that separation.
    (f) New interference must not be caused to Class A TV stations 
authorized pursuant to Subpart J of this part, within the protected 
contour defined in Sec. 73.6010 of this part. For this prediction, the 
TV broadcast station field strength is calculated from the proposed 
effective radiated power and the antenna height above average terrain in 
pertinent directions using the methods in Sec. 73.684 of this part.
    (1) For co-channel protection, the field strength is calculated 
using the appropriate F(50,10) chart from Figure 9a, 10a, or 10c of 
Sec. 73.699 of this part.
    (2) For TV broadcast stations that do not specify the same channel 
as the Class A TV station to be protected, the field strength is 
calculated using the appropriate F(50,50) chart from Figure 9, 10, or 
10b of Sec. 73.699 of this part.
    (g) A TV broadcast station application will not be accepted if the 
ratio in dB of its field strength to that of the Class A TV station at 
the Class A TV station's protected contour fails to meet the following:
    (1) -45 dB for co-channel operations where the Class A TV station 
does not specify an offset carrier frequency or where the TV broadcast 
and Class A TV stations do not specify different offset carrier 
frequencies (zero, plus or minus) or -28 dB for offset carrier frequency 
operation where the TV broadcast and Class A TV stations specify 
different offset carrier frequencies.
    (2) 6 dB when the protected Class A TV station operates on a VHF 
channel that is one channel above the requested channel.
    (3) 12 dB when the protected Class A TV station operates on a VHF 
channel that is one channel below the requested channel.
    (4) 15 dB when the protected Class A TV station operates on a UHF 
channel that is one channel above or below the requested channel.
    (5) 23 dB when the protected Class A TV station operates on a UHF 
channel that is fourteen channels below the requested channel.
    (6) 6 dB when the protected Class A TV station operates on a UHF 
channel that is fifteen channels below the requested channel.
    (h) New interference must not be caused to digital Class A TV 
stations authorized pursuant to Subpart J of this part, within the 
protected contour defined in Sec. 73.6010 of this part. A TV broadcast 
station application will not be accepted if the ratio in dB of the field 
strength of the digital Class A TV station at the digital Class A TV 
station's protected contour to the field strength resulting from the 
facilities proposed in the TV broadcast station application fails to 
meet the D/U signal ratios for ``analog TV-into-DTV'' specified in 
Sec. Sec. 73.623(c)(2) and 73.623(c)(3) of

[[Page 138]]

this part. For digital Class A TV station protection, the TV broadcast 
station field strength is calculated from the proposed effective 
radiated power and the antenna height above average terrain in pertinent 
directions using the methods in Sec. 73.684 of this part and using the 
appropriate F(50,10) chart from Figure 9a, 10a, or 10c of Sec. 73.699 
of this part.
    (i) In cases where a TV broadcast station has been authorized 
facilities that do not meet the interference protection requirements of 
this section, an application to modify such a station's facilities will 
not be accepted if it is predicted to cause new interference within the 
protected contour of the Class A TV or digital Class A TV station.
    (j) In support of a request for waiver of the interference 
protection requirements of this section, an applicant for a TV broadcast 
station may make full use of terrain shielding and Longley-Rice terrain 
dependent propagation methods to demonstrate that the proposed facility 
would not be likely to cause interference to Class A TV stations. 
Guidance on using the Longely-Rice methodology is provided in OET 
Bulletin No. 69, which is available through the Internet at http://
www.fcc.gov/oet/info/documents/bulletins/69.

[65 FR 3001, May 10, 2000; 86 FR 66195, Nov. 22, 2021]



Sec. 73.614  Power and antenna height requirements.

    (a) Minimum requirements. Applications will not be accepted for 
filing if they specify less than -10 dBk (100 watts) horizontally 
polarized visual effective radiated power in any horizontal direction. 
No minimum antenna height above average terrain is specified.
    (b) Maximum power. Applications will not be accepted for filing if 
they specify a power which exceeds the maximum permitted boundaries 
specified in the following formulas:

    (1) Channels 2-6 in Zone I:

ERPMax = 102.57-33.24*Log10(HAAT)


And,

-10 dBk <=ERPMax<=20 dBk

    (2) Channels 2-6 in Zones II and III:

ERPMax = 67.57-17.08* Log10 (HAAT)


And,

10 dBk <=ERPMax<=20 dBk

    (3) Channels 7-13 in Zone I:

ERPMax = 107.57-33.24* Log10 (HAAT)


And,

-4.0 dBk <=ERPMax <=25 dBk

    (4) Channels 7-13 in Zones II and III:

ERPMax = 72.57-17.08* Log10 (HAAT)


And,

15 dBk <=ERPMax<=25 dBk

    (5) Channels 14-36 in Zones I, II, and III

ERPMax = 84.57-17.08* Log10 (HAAT)

And,

27 dBk <=ERPMax<=37 dBk

Where:

ERPMax = Maximum Effective Radiated Power measured in 
          decibels above 1 kW (dBk).
HAAT = Height Above Average Terrain measured in meters.

    The boundaries specified are to be used to determine the maximum 
possible combination of antenna height and ERPdBk. When 
specifying an ERPdBk less than that permitted by the lower 
boundary, any antenna HAAT can be used. Also, for values of antenna HAAT 
greater than 2,300 meters the maximum ERP is the lower limit specified 
for each equation.
    (6) The effective radiated power in any horizontal or vertical 
direction may not exceed the maximum values permitted by this section.
    (7) The effective radiated power at any angle above the horizontal 
shall be as low as the state of the art permits, and in the same 
vertical plane may not exceed the effective radiated power in either the 
horizontal direction or below the horizontal, whichever is greater.
    (c) Determination of applicable rules. The zone in which the 
transmitter of a television station is located or proposed to be located 
determines the applicable rules with respect to maximum antenna heights 
and powers for VHF stations when the transmitter is located in Zone I 
and the channel to be employed is located in Zone II, or the transmitter 
is located in Zone II and

[[Page 139]]

the channel to be employed is located in Zone I.

[28 FR 13660, Dec. 14, 1963, as amended at 42 FR 20823, Apr. 22, 1977; 
42 FR 48881, Sept. 26, 1977; 47 FR 35990, Aug. 18, 1982; 50 FR 23698, 
June 5, 1985; 56 FR 49707, Oct. 1, 1991; 58 FR 51250, Oct. 1, 1993; 86 
FR 66195, Nov. 22, 2021]



Sec. 73.615  Administrative changes in authorizations.

    In the issuance of television broadcast station authorizations, the 
Commission will specify the transmitter output power and effective 
radiated power to the nearest 0.1 dBk. Power specified by kWs shall be 
obtained by converting dBk to kWs to 3 significant figures. Antenna 
heights above average terrain will be specified to the nearest meter. 
Midway figures will be authorized in the lower alternative.

[50 FR 23698, June 5, 1985]



Sec. 73.616  Post-transition DTV station interference protection.

    (a) A petition to add a new channel to the post-transition DTV Table 
of Allotments contained in Sec. 73.622(j) of this subpart will not be 
accepted unless it meets: The DTV-to-DTV geographic spacing requirements 
of Sec. 73.623(d) with respect to all existing DTV allotments in the 
post-transition DTV Table; the principle community coverage requirements 
of Sec. 73.625(a); the Class A TV and digital Class A TV protection 
requirements in paragraph (f) of this section; the land mobile 
protection requirements of Sec. 73.623(e); and the FM radio protection 
requirement of Sec. 73.623(f).
    (b) The reference coordinates of a post-transition DTV allotment 
shall be the authorized transmitter site, or, where such a transmitter 
site is not available for use as a reference point, the coordinates as 
designated in the FCC order creating or modifying the post-transition 
DTV Table of Allotments.
    (c) The protected facilities of a post-transition DTV allotment 
shall be the facilities (effective radiated power, antenna height and 
antenna directional radiation pattern, if any) authorized by a 
construction permit or license, or, where such an authorization is not 
available for establishing reference facilities, the facilities 
designated in the FCC order creating or modifying the post-transition 
DTV Table of Allotments.
    (d) An application will not be accepted if it is predicted to cause 
interference to more than an additional 0.5 percent of the population 
served by another post-transition DTV station. For this purpose, the 
population served by the station receiving additional interference does 
not include portions of the population within the noise-limited service 
contour of that station that are predicted to receive interference from 
the post-transition DTV allotment facilities of the applicant or 
portions of that population receiving masking interference from any 
other station.
    (1) For evaluating compliance with the requirements of this 
paragraph, interference to populations served is to be predicted based 
on the 2000 census population data and otherwise according to the 
procedure set forth in OET Bulletin No. 69: ``Longley-Rice Methodology 
for Evaluating TV Coverage and Interference'' (February 6, 2004) 
(incorporated by reference, see Sec. 73.8000), including population 
served within service areas determined in accordance with Sec. 
73.622(e), consideration of whether F(50,10) undesired signals will 
exceed the following desired-to-undesired (D/U) signal ratios, assumed 
use of a directional receiving antenna, and use of the terrain dependent 
Longley-Rice point-to-point propagation model. Applicants may request 
the use of a cell size other than the default of 2.0 km per side, but 
only requests for cell sizes of 1.0 km per side or 0.5 km per side will 
be considered. The threshold levels at which interference is considered 
to occur are:
    (i) For co-channel stations, the D/U ratio is + 15 dB. This value is 
only valid at locations where the signal-to-noise ratio is 28 dB or 
greater. At the edge of the noise-limited service area, where the 
signal-to-noise (S/N) ratio is 16 dB, this value is + 23 dB. At 
locations where the S/N ratio is greater than 16 dB but less than 28 dB, 
D/U values are computed from the following formula:

D/U = 15 + 10log10[1.0/(1.0-10-x/10)]

Where x = S/N-15.19 (minimum signal to noise ratio)


[[Page 140]]


    (ii) For interference from a lower first-adjacent channel, the D/U 
ratio is -28 dB.
    (iii) For interference from an upper first-adjacent channel, the D/U 
ratio is -26 dB.
    (2) Due to the frequency spacing that exists between Channels 4 and 
5, between Channels 6 and 7, and between Channels 13 and 14, the minimum 
adjacent channel technical criteria specified in this section shall not 
be applicable to these pairs of channels (see Sec. 73.603(a)).
    (e) A petition to add a new channel to the post-transition DTV Table 
or a post-transition DTV station application that proposes to expand its 
allotted or authorized coverage area in any direction will not be 
accepted if it is predicted to cause interference to a Class A TV 
station or to a digital Class A TV station authorized pursuant to 
subpart J of this part, within the protected contour defined in Sec. 
73.6010.
    (1) For evaluating compliance with the requirements of this 
paragraph, interference to populations served is to be predicted based 
on the most recent official decennial U.S. Census population data as 
identified by the Media Bureau in a Public Notice issued not less than 
60 days prior to use of the data for a specific year in application 
processing, and otherwise according to the procedure set forth in OET 
Bulletin No. 69: ``Longley-Rice Methodology for Evaluating TV Coverage 
and Interference'' (February 6, 2004) (incorporated by reference, see 
Sec. 73.8000), including population served within service areas 
determined in accordance with Sec. 73.622(e), consideration of whether 
F(50,10) undesired signals will exceed the following desired-to-
undesired (D/U) signal ratios, assumed use of a directional receiving 
antenna, and use of the terrain dependent Longley-Rice point-to-point 
propagation model. Applicants may request the use of a cell size other 
than the default of 2.0 km per side, but only requests for cell sizes of 
1.0 km per side or 0.5 km per side will be considered. The threshold 
levels at which interference is considered to occur are:
    (2) Interference is predicted to occur if the ratio in dB of the 
field strength of a digital Class A TV station at its protected contour 
to the field strength resulting from the facilities proposed in the DTV 
application (calculated using the appropriate F(50,10) chart from Figure 
9a, 10a, or 10c of Sec. 73.699) fails to meet the D/U signal ratios 
specified in paragraph (e) of this section.
    (3) In support of a request for waiver of the interference 
protection requirements of this section, an applicant for a post-
transition DTV broadcast station may make full use of terrain shielding 
and Longley-Rice terrain dependent propagation methods to demonstrate 
that the proposed facility would not be likely to cause interference to 
Class A TV stations. Guidance on using the Longley-Rice methodology is 
provided in OET Bulletin No. 69, which is available through the Internet 
at http://www.fcc.gov/oet/info/documents/bulletins/69.

    (f) [Reserved]
    (g) The interference protection requirements contained in this 
section apply to television station operations under both the DTV 
transmission standard in Sec. 73.682(d) and the Next Gen TV 
transmission standard in Sec. 73.682(f).

[73 FR 5682, Jan. 30, 2008, as amended at 83 FR 5021, Feb. 2, 2018; 83 
FR 5544, Feb. 8, 2018; 86 FR 66195, Nov. 22, 2021]



Sec. 73.621  Noncommercial educational TV stations.

    In addition to the other provisions of this subpart, the following 
shall be applicable to noncommercial educational television broadcast 
stations:
    (a) Except as provided in paragraph (b) of this section, 
noncommercial educational broadcast stations will be licensed only to 
nonprofit educational organizations upon a showing that the proposed 
stations will be used primarily to serve the educational needs of the 
community; for the advancement of educational programs; and to furnish a 
nonprofit and noncommercial television broadcast service.
    (1) In determining the eligibility of publicly supported educational 
organizations, the accreditation of their respective state departments 
of education shall be taken into consideration.

[[Page 141]]

    (2) In determining the eligibility of privately controlled 
educational organizations, the accreditation of state departments of 
education or recognized regional and national educational accrediting 
organizations shall be taken into consideration.
    (b) Where a municipality or other political subdivision has no 
independently constituted educational organization such as, for example, 
a board of education having autonomy with respect to carrying out the 
municipality's educational program, such municipality shall be eligible 
for a noncommercial educational television broadcast station. In such 
circumstances, a full and detailed showing must be made that a grant of 
the application will be consistent with the intent and purpose of the 
Commission's rules and regulations relating to such stations.
    (c) Noncommercial educational television broadcast stations may 
transmit educational, cultural and entertainment programs, and programs 
designed for use by schools and school systems in connection with 
regular school courses, as well as routine and administrative material 
pertaining thereto.
    (d) A noncommercial educational television station may broadcast 
programs produced by or at the expense of, or furnished by persons other 
than the licensee, if no other consideration than the furnishing of the 
program and the costs incidental to its production and broadcast are 
received by the licensee. The payment of line charges by another 
station, network, or someone other than the licensee of a noncommercial 
educational television station, or general contributions to the 
operating costs of a station, shall not be considered as being 
prohibited by this paragraph.
    (e) Each station shall furnish a nonprofit and noncommercial 
broadcast service. Noncommercial educational television stations shall 
be subject to the provisions of Sec. 73.1212 to the extent that they 
are applicable to the broadcast of programs produced by, or at the 
expense of, or furnished by others. No promotional announcements on 
behalf of for profit entities shall be broadcast at any time in exchange 
for the receipt, in whole or in part, of consideration to the licensee, 
its principals, or employees. However, acknowledgements of contributions 
can be made. The scheduling of any announcements and acknowledgements 
may not interrupt regular programming, except as permitted under 
paragraph (f) of this section.
    Note to paragraph (e): Commission interpretation of this rule, 
including the acceptable form of acknowledgements, may be found in the 
Second Report and Order in Docket No. 21136 (Commission Policy 
Concerning the Noncommercial Nature of Educational Broadcast Stations), 
86 F.C.C. 2d 141 (1981); the Memorandum Opinion and Order in Docket No. 
21136, 90 FCC 2d 895 (1982); the Memorandum Opinion and Order in Docket 
21136, 49 FR 13534, April 5, 1984; and the Report and Order in Docket 
No. 12-106 (Noncommercial Educational Station Fundraising for Third-
Party Non-Profit Organizations), FCC 17-41, April 20, 2017.

    (f) A noncommercial educational television station may interrupt 
regular programming to conduct fundraising activities on behalf of a 
third-party non-profit organization, provided that all such fundraising 
activities conducted during any given year do not exceed one percent of 
the station's total annual airtime. A station may use the prior year's 
total airtime for purposes of determining how many hours constitute one 
percent of its total annual airtime. With respect to stations that 
multicast programming on two or more separate channels, the one-percent 
annual limit will apply separately to each individual programming 
stream. For purposes of this paragraph, a non-profit organization is an 
entity that qualifies as a non-profit organization under 26 U.S.C. 
501(c)(3).
    (1) Audience disclosure. A noncommercial educational television 
station that interrupts regular programming to conduct fundraising 
activities on behalf of a third-party non-profit organization must air a 
disclosure during such activities clearly stating that the fundraiser is 
not for the benefit of the station itself and identifying the entity for 
which it is fundraising. The station must air the audience disclosure at 
the beginning and the end of each fundraising program and at least once 
during each hour in which the program is on the air.
    (2) Reimbursement. A noncommercial educational television station 
that

[[Page 142]]

interrupts regular programming to conduct fundraising activities on 
behalf of a third-party non-profit organization may accept reimbursement 
of expenses incurred in conducting third-party fundraising activities or 
airing third-party fundraising programs.
    (3) Exemption. No noncommercial educational television station that 
receives funding from the Corporation for Public Broadcasting shall have 
the authority to interrupt regular programming to conduct fundraising 
activities on behalf of a third-party non-profit organization.
    (g) Telecommunications Service on the Vertical Blanking Interval and 
in the Visual Signal. The provisions governing VBI and visual signal 
telecommunications service in Sec. 73.646 are applicable to 
noncommercial educational TV stations.
    (h) Non-program related data signals transmitted on Line 21 pursuant 
to Sec. 73.682(a)(22)(ii) may be used for remunerative purposes.
    (i) Mutually exclusive applications for noncommercial educational TV 
stations operating on reserved channels shall be resolved pursuant to 
the point system in subpart K.
    (j) With respect to the provision of advanced television services, 
the requirements of this section will apply to the entire digital 
bitstream of noncommercial educational television stations, including 
the provision of ancillary or supplementary services.

[28 FR 13660, Dec. 14, 1963, as amended at 35 FR 7558, May 15, 1970; 47 
FR 36179, Aug. 19, 1982; 48 FR 27068, June 13, 1983; 49 FR 29069, July 
18, 1984; 50 FR 4664, Feb. 1, 1985; 50 FR 4684, Feb. 1, 1985; 61 FR 
36304, July 10, 1996; 65 FR 36378, June 8, 2000; 66 FR 58982, Nov. 26, 
2001; 82 FR 21135, May 5, 2017]



Sec. 73.622  Digital television table of allotments.

    (a) General. The following table of allotments contains the digital 
television (DTV) channel allotments designated for the listed 
communities in the United States, its Territories, and possessions. 
Requests for addition of new DTV allotments, or requests to change the 
channels allotted to a community must be made in a petition for rule 
making to amend the DTV Table of Allotments. A request to amend the DTV 
table to change the channel of an allotment in the DTV table will be 
evaluated for technical acceptability using engineering criteria set 
forth in Sec. 73.623(c). A request to amend the DTV table to add a new 
allotment will be evaluated for technical acceptability using the 
geographic spacing criteria set forth in Sec. 73.623(d). DTV allotments 
designated with an asterisk are assigned for use by non-commercial 
educational broadcast stations only. Rules governing noncommercial 
educational TV stations are contained in Sec. 73.621. Where there is 
only one technically available channel available in a community, an 
entity that would be eligible to operate a noncommercial educational 
broadcast station may, prior to application, initiate a rulemaking 
proceeding requesting that an unoccupied or new channel in the community 
be changed or added as reserved only for noncommercial educational 
broadcasting upon demonstrating that the noncommercial educational 
proponent would provide a first or second noncommercial educational TV 
service to 2,000 or more people who constitute 10% of the population 
within the proposed allocation's noise limited contour.
    (1) Petitions requesting the addition of a new allotment must 
specify a channel in the range of channels 2-36.
    (2) Petitions requesting a change in the channel of an initial 
allotment must specify a channel in the range of channels 2-58.
    (b) [Reserved]
    (c)(1) Availability of channels. Applications may be filed to 
construct DTV broadcast stations only on the channels designated in the 
DTV Table of Allotments set forth in paragraph (b) of this section, and 
only in the communities listed therein. Applications that fail to comply 
with this requirement, whether or not accompanied by a petition to amend 
the DTV Table, will not be accepted for filing. However, applications 
specifying channels that accord with publicly announced FCC Orders 
changing the DTV Table of Allotments will be accepted for filing even if 
such applications are tendered before the effective dates of such 
channel change. An application for authority to construct a DTV station 
on an allotment

[[Page 143]]

in the initial DTV table may only be filed by the licensee or permittee 
of the analog TV station with which that initial allotment is paired, as 
set forth in Appendix B of the Memorandum Opinion and Order on 
Reconsideration of the Sixth Report and Order in MM Docket 87-268, FCC 
98-24 (Memorandum Opinion and Order) adopted January 29, 1998. Copies of 
the Memorandum Opinion and Order are available for public inspection 
through the Federal Communications Commission's Reference Information 
Center. This document is also available on the FCC homepage at https://
www.fcc.gov. Applications may also be filed to implement an exchange of 
channel allotments between two or more licensees or permittees of analog 
TV stations in the same community, the same market, or in adjacent 
markets provided, however, that the other requirements of this section 
and Sec. 73.623 are met with respect to each such application.
    (2) Notwithstanding paragraph (c)(1) of this section, an application 
may be filed for a channel or community not listed in the DTV Table of 
Allotments if it is consistent with the rules and policies established 
in the Third Report and Order in WT Docket 99-168 (FCC 01-25), adopted 
January 18, 2001. Where such a request is approved, the Media Bureau 
will change the DTV Table of Allotments to reflect that approval.
    (d) Reference points and distance computations. (1) The reference 
coordinates of a DTV allotment included in the initial DTV Table of 
Allotments are the coordinates of the authorized transmitting antenna 
site of the associated analog TV station, as set forth in Appendix B of 
the Memorandum Opinion and Order (referenced above). An application for 
authority to construct or modify DTV facilities on such an allotment may 
specify an alternate location for the DTV transmitting antenna that is 
within 5 kilometers of the DTV allotment reference coordinates without 
consideration of electromagnetic interference to other DTV or analog TV 
broadcast stations, allotments or applications, provided the application 
complies with paragraph (f)(2) of this section. Location of the 
transmitting antenna of such a station at a site more than 5 kilometers 
from the DTV allotment reference coordinates must comply with the 
provisions of section 73.623(c). In the case where a DTV station has 
been granted authority to construct more than 5 kilometers from its 
reference coordinates pursuant to section 73.623(c), and its authorized 
coverage area extends in any azimuthal direction beyond the DTV coverage 
area determined for the DTV allotment reference facilities, then the 
coordinates of such authorized site are to be used in addition to the 
coordinates of the DTV allotment to determine protection from new DTV 
allotments pursuant to Sec. 73.623(d) and from subsequent DTV 
applications filed pursuant to Sec. 73.623(c).
    (2) The reference coordinates of a DTV allotment not included in the 
initial DTV Table of Allotments shall be the authorized transmitter 
site, or, where such a transmitter site is not available for use as a 
reference point, the coordinates as designated in the FCC order 
modifying the DTV Table of Allotments.
    (e) DTV Service Areas. (1) The service area of a DTV station is the 
geographic area within the station's noise-limited F(50,90) contour 
where its signal strength is predicted to exceed the noise-limited 
service level. The noise-limited contour is the area in which the 
predicted F(50,90) field strength of the station's signal, in dB above 1 
microvolt per meter (dBu) as determined using the method in Sec. 
73.625(b) exceeds the following levels (these are the levels at which 
reception of DTV service is limited by noise):

------------------------------------------------------------------------
                                                                  dBu
------------------------------------------------------------------------
Channels 2-6.................................................         28
Channels 7-13................................................         36
Channels 14-36...............................................         41
------------------------------------------------------------------------

    (2) Within this contour, service is considered available at 
locations where the station's signal strength, as predicted using the 
terrain dependent Longley-Rice point-to-point propagation model, exceeds 
the levels above. Guidance for evaluating coverage areas using the 
Longley-Rice methodology is provided in OET Bulletin No. 69. Copies of 
this document are available on the FCC's website. See https://
www.fcc.gov/general/oet-bulletins-line.


[[Page 144]]


    Note to paragraph (e)(2): During the transition, in cases where the 
assigned power of a UHF DTV station in the initial DTV Table is 1000 kW, 
the Grade B contour of the associated analog television station, as 
authorized on April 3, 1997, shall be used instead of the noise-limited 
contour of the DTV station in determining the DTV station's service 
area. In such cases, the DTV service area is the geographic area within 
the station's analog Grade B contour where its DTV signal strength is 
predicted to exceed the noise-limited service level, i.e., 41 dB, as 
determined using the Longley-Rice methodology.

    (3) For purposes of determining whether interference is caused to a 
DTV station's service area, the maximum technical facilities, i.e., 
antenna height above average terrain (antenna HAAT) and effective 
radiated power (ERP), specified for the station's allotment are to be 
used in determining its service area.
    (f)(1) [Reserved]
    (2) An application for authority to construct or modify DTV 
facilities will not be subject to further consideration of 
electromagnetic interference to other DTV or analog TV broadcast 
stations, allotments or applications, provided that:
    (i) The proposed ERP in each azimuthal direction is equal to or less 
than the reference ERP in that direction; and
    (ii) The proposed antenna HAAT is equal to or less than the 
reference antenna HAAT or the proposed antenna HAAT exceeds the 
reference antenna HAAT by 10 meters or less and the reference ERP in 
paragraph (f)(2)(i) of this section is adjusted in accordance with 
paragraph (f)(3) of this section; and
    (iii) The application complies with the location provisions in 
paragraph (d)(1) of this section.
    (3)(i) A DTV station may increase its antenna HAAT by up to 10 
meters from that specified in Appendix B if it reduces its DTV power to 
a level at or below the level of adjusted DTV power computed in the 
following formula:

ERP adjustment in dB = 20log(H1/H2)

Where H1 = Reference antenna HAAT specified in the DTV Table, 
          and H2 = Actual antenna HAAT

    (ii) Alternatively, a DTV application that specifies an antenna HAAT 
within 25 meters below that specified in Appendix B may adjust its power 
upward to a level at or below the adjusted DTV power in accordance with 
the formula in paragraph (f)(3)(i) of this section without an 
interference showing. For a proposed antenna more than 25 meters below 
the reference antenna HAAT, the DTV station may increase its ERP up to 
the level permitted for operation with an antenna that is 25 meters 
below the station's reference antenna HAAT.
    (4) UHF DTV stations may request an increase in power, up to a 
maximum of 1000 kW ERP, to enhance service within their authorized 
service area.
    (5) Licensees and permittees assigned a DTV channel in the initial 
DTV Table of Allotments may request an increase in either ERP in some 
azimuthal direction or antenna HAAT, or both, that exceed the initial 
technical facilities specified for the allotment in Appendix B of the 
Memorandum Opinion and Order (referenced in paragraph (c) of this 
section), up to the maximum permissible limits on DTV power and antenna 
height set forth in paragraph (f)(6), (f)(7), or (f)(8) of this section, 
as appropriate, or up to that needed to provide the same geographic 
coverage area as the largest station within their market, whichever 
would allow the largest service area. Such requests must be accompanied 
by a technical showing that the increase complies with the technical 
criteria in Sec. 73.623(c), and thereby will not result in new 
interference exceeding the de minimis standard set forth in that 
section, or statements agreeing to the change from any co-channel or 
adjacent channel stations that might be affected by potential new 
interference, in accordance with Sec. 73.623(f). In the case where a 
DTV station has been granted authority to construct pursuant to Sec. 
73.623(c), and its authorized coverage area extends in any azimuthal 
direction beyond the DTV coverage area determined for the DTV allotment 
reference facilities, then the authorized DTV facilities are to be used 
in addition to the assumed facilities of the initial DTV allotment to 
determine protection from new DTV allotments pursuant to Sec. 73.623(d) 
and from subsequent DTV applications filed pursuant to Sec. 73.623(c).

[[Page 145]]

The provisions of this paragraph regarding increases in the ERP or 
antenna height of DTV stations on channels in the initial DTV Table of 
Allotments shall also apply in cases where the licensee or permittee 
seeks to change the station's channel as well as alter its ERP and 
antenna HAAT. Licensees and permittees are advised that where a channel 
change is requested, it may, in fact, be necessary in specific cases for 
the station to operate with reduced power, a lower antenna, or a 
directional antenna to avoid causing new interference to another 
station.
    (6) A DTV station that operates on a channel 2-6 allotment created 
subsequent to the initial DTV Table will be allowed a maximum ERP of 10 
kW if its antenna HAAT is at or below 305 meters and it is located in 
Zone I or a maximum ERP of 45 kW if its antenna HAAT is at or below 305 
meters and it is located in Zone II or Zone III. A DTV station that 
operates on a channel 2-6 allotment included in the initial DTV Table of 
Allotments may request an increase in power and/or antenna HAAT up to 
these maximum levels, provided the increase also complies with the 
provisions of paragraph (f)(5) of this section.
    (i) At higher HAAT levels, such DTV stations will be allowed to 
operate with lower maximum ERP levels in accordance with the following 
table and formulas (the allowable maximum ERP for intermediate values of 
HAAT is determined using linear interpolation based on the units 
employed in the table):

Maximum Allowable ERP and Antenna Height for DTV Stations In Zones II or
                           III on Channels 2-6
------------------------------------------------------------------------
                   Antenna HAAT (meters)                       ERP (kW)
------------------------------------------------------------------------
610........................................................           10
580........................................................           11
550........................................................           12
520........................................................           14
490........................................................           16
460........................................................           19
425........................................................           22
395........................................................           26
365........................................................           31
335........................................................           37
305........................................................           45
------------------------------------------------------------------------

    (ii) For DTV stations located in Zone I that operate on channels 2-6 
with an HAAT that exceeds 305 meters, the allowable maximum ERP 
expressed in decibels above 1 kW (dBk) is determined using the following 
formula, with HAAT expressed in meters:

ERPmax = 92.57-33.24*log10(HAAT)

    (iii) For DTV stations located in Zone II or III that operate on 
channels 2-6 with an HAAT that exceeds 610 meters, the allowable maximum 
ERP expressed in decibels above 1 kW (dBk) is determined using the 
following formula, with HAAT expressed in meters:

ERPmax = 57.57-17.08*log10(HAAT)

    (7) A DTV station that operates on a channel 7-13 allotment created 
subsequent to the initial DTV Table will be allowed a maximum ERP of 30 
kW if its antenna HAAT is at or below 305 meters and it is located in 
Zone I or a maximum ERP of 160 kW if its antenna HAAT is at or below 305 
meters and it is located in Zone II or Zone III. A DTV station that 
operates on a channel 7-13 allotment included in the initial DTV Table 
of Allotments may request an increase in power and/or antenna HAAT up to 
these maximum levels, provided the increase also complies with the 
provisions of paragraph (f)(5) of this section.
    (i) At higher HAAT levels, such DTV stations will be allowed to 
operate with lower maximum ERP levels in accordance with the following 
table and formulas (the allowable maximum ERP for intermediate values of 
HAAT is determined using linear interpolation based on the units 
employed in the table):

Maximum Allowable ERP and Antenna Height for DTV Stations In Zones II or
                          III on Channels 7-13
------------------------------------------------------------------------
                   Antenna HAAT (meters)                       ERP (kW)
------------------------------------------------------------------------
610........................................................           30
580........................................................           34
550........................................................           40
520........................................................           47
490........................................................           54
460........................................................           64
425........................................................           76
395........................................................           92
365........................................................          110
335........................................................          132
305........................................................          160
------------------------------------------------------------------------

    (ii) For DTV stations located in Zone I that operate on channels 7-
13 with an

[[Page 146]]

HAAT that exceeds 305 meters, the allowable maximum ERP expressed in 
decibels above 1 kW (dBk) is determined using the following formula, 
with HAAT expressed in meters:

ERPmax = 97.35-33.24*log10(HAAT)

    (iii) For DTV stations located in Zone II or III that operate on 
channels 7-13 with an HAAT that exceeds 610 meters, the allowable 
maximum ERP expressed in decibels above 1 kW (dBk) is determined using 
the following formula, with HAAT expressed in meters:

ERPmax = 62.34-17.08*log10(HAAT)

    (8) A DTV station that operates on a channel 14-59 allotment created 
subsequent to the initial DTV Table will be allowed a maximum ERP of 
1000 kW if their antenna HAAT is at or below 365 meters. A DTV station 
that operates on a channel 14-59 allotment included in the initial DTV 
Table of Allotments may request an increase in power and/or antenna HAAT 
up to these maximum levels, provided the increase also complies with the 
provisions of paragraph (f)(5) of this section.
    (i) At higher HAAT levels, such DTV stations will be allowed to 
operates with lower maximum ERP levels in accordance with the following 
table and formulas (the allowable maximum ERP for intermediate values of 
HAAT is determined using linear interpolation based on the units 
employed in the table):

Maximum Allowable ERP and Antenna Height for DTV Stations on Channels 14-
                              59, All Zones
------------------------------------------------------------------------
                   Antenna HAAT (meters)                       ERP (kW)
------------------------------------------------------------------------
610........................................................          316
580........................................................          350
550........................................................          400
520........................................................          460
490........................................................          540
460........................................................          630
425........................................................          750
395........................................................          900
365........................................................         1000
------------------------------------------------------------------------

    (ii) For DTV stations located in Zone I, II or III that operate on 
channels 14-59 with an HAAT that exceeds 610 meters, the allowable 
maximum ERP expressed in decibels above 1 kW (dBk) is determined using 
the following formula, with HAAT expressed in meters:

ERPmax = 72.57-17.08*log10(HAAT)

    (g) [Reserved]
    (2) Unless it conflicts with operation complying with paragraph 
(g)(1) of this section, where a low power television station or TV 
translator station is operating on the lower adjacent channel within 32 
km of the DTV station and notifies the DTV station that it intends to 
minimize interference by precisely maintaining its carrier frequencies, 
the DTV station shall cooperate in locking its carrier frequency to a 
common reference frequency and shall be responsible for any costs 
relating to its own transmission system in complying with this 
provision.
    (h)(1) The power level of emissions on frequencies outside the 
authorized channel of operation must be attenuated no less than the 
following amounts below the average transmitted power within the 
authorized channel. In the first 500 kHz from the channel edge the 
emissions must be attenuated no less than 47 dB. More than 6 MHz from 
the channel edge, emissions must be attenuated no less than 110 dB. At 
any frequency between 0.5 and 6 MHz from the channel edge, emissions 
must be attenuated no less than the value determined by the following 
formula:

Attenuation in dB = -11.5([Delta]f + 3.6);

Where: [Delta]f = frequency difference in MHz from the edge of the 
          channel.

    (2) This attenuation is based on a measurement bandwidth of 500 kHz. 
Other measurement bandwidths may be used as long as appropriate 
correction factors are applied. Measurements need not be made any closer 
to the band edge than one half of the resolution bandwidth of the 
measuring instrument. Emissions include sidebands, spurious emissions 
and radio frequency harmonics. Attenuation is to be measured at the 
output terminals of the transmitter (including any filters that may be 
employed). In the event of interference caused to any service, greater 
attenuation may be required.
    (i) [Reserved]
    (j) Table of TV Allotments.

[[Page 147]]



----------------------------------------------------------------------------------------------------------------
                Community                                               Channel No.
----------------------------------------------------------------------------------------------------------------
                                                     Alabama
----------------------------------------------------------------------------------------------------------------
Anniston................................  9
Bessemer................................  14
Birmingham..............................  7, *10, 20, 29, 30
Demopolis...............................  *19
Dothan..................................  21, 36
Dozier..................................  *10
Florence................................  2, *22
Gadsden.................................  26
Gulf Shores.............................  27
Homewood................................  21
Hoover..................................  33
Huntsville..............................  15, 17, 18, 19, *24
Louisville..............................  *30
Mobile..................................  9, 15, 18, 20, 23, *30
Montgomery..............................  8, 22, *27, 28, 31
Mount Cheaha............................  *12
Opelika.................................  17
Ozark...................................  33
Selma...................................  25, 34
Troy....................................  19
Tuscaloosa..............................  6, 36
 
Tuskegee................................  18
Vernon..................................  *4
----------------------------------------------------------------------------------------------------------------
                                                     Alaska
----------------------------------------------------------------------------------------------------------------
Anchorage...............................  7, *8, 10, 12, 20, *26, 28, 33
Bethel..................................  *3
Fairbanks...............................  7, *9, 18, 26
Juneau..................................  *10, 11
Ketchikan...............................  13
North Pole..............................  20
Sitka...................................  7
----------------------------------------------------------------------------------------------------------------
                                                     Arizona
----------------------------------------------------------------------------------------------------------------
Douglas.................................  36
Flagstaff...............................  13, 22, 32
Green Valley............................  34
Holbrook................................  *11
Kingman.................................  19
Mesa....................................  18
Phoenix.................................  *8, 10, 15, 17, 20, 24, 26, 27, 29, 33
Prescott................................  7
Sierra Vista............................  21
Tolleson................................  31
Tucson..................................  9, 16, 19, 23, 25, *28, *30, 32
Yuma....................................  13, 27
----------------------------------------------------------------------------------------------------------------
                                                    Arkansas
----------------------------------------------------------------------------------------------------------------
Arkadelphia.............................  *13
Camden..................................  18
El Dorado...............................  *10, 27
Eureka Springs..........................  25
Fayetteville............................  *9, 15
Fort Smith..............................  18, 21, 27
Harrison................................  31
Hot Springs.............................  16
Jonesboro...............................  18, *20, 27
Little Rock.............................  *7, 12, 22, 28, 30, 32, *36
Mountain View...........................  *13
Pine Bluff..............................  24, 34
Rogers..................................  33
Springdale..............................  29
----------------------------------------------------------------------------------------------------------------
                                                   California
----------------------------------------------------------------------------------------------------------------
Anaheim.................................  12
Arcata..................................  22
Avalon..................................  S
Bakersfield.............................  10, 25, 26, 33

[[Page 148]]

 
Bishop..................................  20
Calipatria..............................  36
Ceres...................................  *15
Chico...................................  20, 36
Clovis..................................  27
Concord.................................  S
Corona..................................  25
Cotati..................................  *5
El Centro...............................  9, 22
Eureka..................................  3, *11, 17, 28
Fort Bragg..............................  * 4, 8
Fremont.................................  S
Fresno..................................  7, 20, 30, *32, 34
Garden Grove............................  S
Hanford.................................  21
Huntington Beach........................  *S
Inglewood...............................  S
Long Beach..............................  18
Los Angeles.............................  4, 7, 9, 11, 13, *28, 31, 34, 35, 36, *S
Merced..................................  11
Modesto.................................  18
Monterey................................  32, S
Oakland.................................  31
Ontario.................................  29
Palm Springs............................  26, 28
Palo Alto...............................  S
Paradise................................  30
Porterville.............................  23
Rancho Palos Verdes.....................  30
Redding.................................  *9, 15
Riverside...............................  S
Sacramento..............................  *9, 10, 21, 22, 24, 35
Salinas.................................  8, 11
San Bernardino..........................  *5, 24
San Diego...............................  8, 10, 17, 18, *19, 26
San Francisco...........................  7, 12, 20, 28, 29, *30, 32, S, S, *S
San Jose................................  13, 19, 33, 36, *S
San Luis Obispo.........................  15, 34
San Mateo...............................  *27
Sanger..................................  36
Santa Ana...............................  33
Santa Barbara...........................  21, 27
Santa Maria.............................  19
Stockton................................  23, 25, 26
Twentynine Palms........................  23
Vallejo.................................  34
Ventura.................................  S
Visalia.................................  *22, 28
Watsonville.............................  *25
----------------------------------------------------------------------------------------------------------------
                                                    Colorado
----------------------------------------------------------------------------------------------------------------
Boulder.................................  32
Broomfield..............................  *13
Castle Rock.............................  15
Colorado Springs........................  22, 24, 26
Denver..................................  7, 9, 18, *20, 28, 31, *33, 34, 35, 36
Durango.................................  15, *20, 33
Fort Collins............................  21
Glenwood Springs........................  23
Grand Junction..........................  2, 7, 12, 15, *18
Greeley.................................  17
Longmont................................  29
Montrose................................  13
Pueblo..................................  *8, 25, 27
Steamboat Springs.......................  10
Sterling................................  23
----------------------------------------------------------------------------------------------------------------
                                                   Connecticut
----------------------------------------------------------------------------------------------------------------
Bridgeport..............................  S
Hartford................................  *30, 34, 36, S
New Britain.............................  31
New Haven...............................  10, S, *S

[[Page 149]]

 
New London..............................  28
Norwich.................................  *9
Stamford................................  *21
Waterbury...............................  33
----------------------------------------------------------------------------------------------------------------
                                                    Delaware
----------------------------------------------------------------------------------------------------------------
Dover...................................  5
Seaford.................................  *24
Wilmington..............................  2, *13, 34
----------------------------------------------------------------------------------------------------------------
                                              District of Columbia
----------------------------------------------------------------------------------------------------------------
Washington..............................  7, 9, *31, *33, 34, 36, S, S
----------------------------------------------------------------------------------------------------------------
                                                     Florida
----------------------------------------------------------------------------------------------------------------
Boca Raton..............................  *25
Boynton Beach...........................  *S
Bradenton...............................  29
Cape Coral..............................  34
Clearwater..............................  21
Clermont................................  23
Cocoa...................................  *30, 32
Daytona Beach...........................  11, 15
Destin..................................  29
Fort Lauderdale.........................  30
Fort Myers..............................  15, *22, 31
Fort Pierce.............................  *18, 20
Fort Walton Beach.......................  14, 21, 25
Gainesville.............................  8, 16, *36
High Springs............................  29
Hollywood...............................  24
Jacksonville............................  *9, 13, 14, 18, 19, 20, *21
Key West................................  3, 8
Lake Worth..............................  36
Lakeland................................  18
Leesburg................................  7, *S
Live Oak................................  17
Marianna................................  26
Melbourne...............................  14, 22
Miami...................................  9, 10, 21, 22, 23, *26, 27, 28, *29, 31, 32
Naples..................................  28, 32
New Smyrna Beach........................  *24
Ocala...................................  31
Orange Park.............................  10
Orlando.................................  26, 27, 28, 33, *34, 35
Palm Beach..............................  7
Panama City.............................  9, 13, 16, *28
Panama City Beach.......................  33
Pensacola...............................  17, *24, 34, 35
Sarasota................................  24
St. Petersburg..........................  10, 19, S
Stuart..................................  34
Tallahassee.............................  22, 24, 27, *32
Tampa...................................  9, 12, *13, 17, 20, *S
Tequesta................................  16
Tice....................................  33
Venice..................................  25
West Palm Beach.........................  12, 13, 35
----------------------------------------------------------------------------------------------------------------
                                                     Georgia
----------------------------------------------------------------------------------------------------------------
Albany..................................  10, 29
Athens..................................  *7, 18
Atlanta.................................  10, 19, *21, 25, 27, 31, 32, *34, 36
Augusta.................................  27, 28, 36
Bainbridge..............................  19
Baxley..................................  35
Brunswick...............................  24
Chatsworth..............................  *4
Cochran.................................  *9
Columbus................................  *5, 11, 15, 24, 35
Cordele.................................  34
Dalton..................................  28

[[Page 150]]

 
Dawson..................................  *7
Macon...................................  13, 26, 30, 33
Monroe..................................  22
Pelham..................................  *6
Perry...................................  23
Rome....................................  16
Savannah................................  *8, 16, 22, 23
Thomasville.............................  20
Toccoa..................................  24
Valdosta................................  31
Waycross................................  *7
Wrens...................................  *6
----------------------------------------------------------------------------------------------------------------
                                                     Hawaii
----------------------------------------------------------------------------------------------------------------
Hilo....................................  9, 11, 13, 22, 23
Honolulu................................  8, *11, *18, 19, 20, 22, 23, *26, 27, 31, 33, 35
Kailua..................................  29
Kailua-Kona.............................  25
Kaneohe.................................  32
Wailuku.................................  7, *10, 12, 16, 21, 24
Waimanalo...............................  15
----------------------------------------------------------------------------------------------------------------
                                                      Idaho
----------------------------------------------------------------------------------------------------------------
Boise...................................  7, 15, 20, *21
Caldwell................................  10
Coeur d'Alene...........................  *18
Filer...................................  *18
Idaho Falls.............................  8, 20, 36
Lewiston................................  32
Moscow..................................  *12
Nampa...................................  13, 24
Pocatello...............................  *17, 23, 31
Sun Valley..............................  5
Twin Falls..............................  11, *22, 34
----------------------------------------------------------------------------------------------------------------
                                                    Illinois
----------------------------------------------------------------------------------------------------------------
Aurora..................................  S
Bloomington.............................  28
Carbondale..............................  *8
Champaign...............................  32, 34
Charleston..............................  *30
Chicago.................................  12, 19, 22, 23, 24, *25, 33, 34, S
Decatur.................................  20, 22
East St. Louis..........................  28
Freeport................................  9
Galesburg...............................  8
Harrisburg..............................  34
Jacksonville............................  *18
Joliet..................................  35
Macomb..................................  *36
Marion..................................  30
Moline..................................  *23, 31
Mount Vernon............................  13
Naperville..............................  S
Olney...................................  *23
Oswego..................................  10
Peoria..................................  24, 25, 26, *35
Quincy..................................  22, 32, *34
Rock Island.............................  4
Rockford................................  13, 16, 36
Springfield.............................  11, 15, 16
Urbana..................................  *9, 36
----------------------------------------------------------------------------------------------------------------
                                                     Indiana
----------------------------------------------------------------------------------------------------------------
Angola..................................  12
Bloomington.............................  27, 28, *33, S
Elkhart.................................  30
Evansville..............................  *9, 12, 22, 26, 28
Fort Wayne..............................  *18, 20, 24, 32, 34
Gary....................................  *17, S
Hammond.................................  21

[[Page 151]]

 
Indianapolis............................  7, 9, 13, *21, 22, *23, 25
Kokomo..................................  15
Lafayette...............................  11
Marion..................................  S
Muncie..................................  19
Richmond................................  S
Salem...................................  16
South Bend..............................  27, 29, *31, 36
Terre Haute.............................  10, 18, 35
Vincennes...............................  *31
----------------------------------------------------------------------------------------------------------------
                                                      Iowa
----------------------------------------------------------------------------------------------------------------
Ames....................................  5, 23, *34
Burlington..............................  21
Cedar Rapids............................  22, 27, 29, 32
Council Bluffs..........................  *33
Davenport...............................  17, 30, *34
Des Moines..............................  8, *11, 13, 16, 19
Dubuque.................................  14
Fort Dodge..............................  *25
Iowa City...............................  *12, 25
Mason City..............................  *18, 24
Newton..................................  36
Ottumwa.................................  15
Red Oak.................................  *35
Sioux City..............................  9, 14, *28, 30, 32
Waterloo................................  7, *35
----------------------------------------------------------------------------------------------------------------
                                                     Kansas
----------------------------------------------------------------------------------------------------------------
Colby...................................  17, *19
Derby...................................  31
Dodge City..............................  *21
Ensign..................................  6
Garden City.............................  11, 13
Goodland................................  10
Great Bend..............................  22
Hays....................................  7, *16
Hoisington..............................  14
Hutchinson..............................  *8, 19, 35
Lakin...................................  *8
Lawrence................................  25
Pittsburg...............................  7, 13
Salina..................................  17
Topeka..................................  *11, 12, 13, 16, 27
Wichita.................................  10, 15, 26, 28
----------------------------------------------------------------------------------------------------------------
                                                    Kentucky
----------------------------------------------------------------------------------------------------------------
Ashland.................................  13, *36
Beattyville.............................  7
Bowling Green...........................  13, *18, 24, *29
Covington...............................  *22
Danville................................  19
Elizabethtown...........................  *23
Harlan..................................  S
Hazard..................................  20, *33
Lexington...............................  21, 27, 28, *35
Louisville..............................  8, 11, 14, *30, 32, *34, 36
Madisonville............................  *31
Morehead................................  *30
Murray..................................  *17
Newport.................................  15
Owensboro...............................  17
Owenton.................................  *24
Paducah.................................  19, *23, 25
Pikeville...............................  *23
Richmond................................  25
Somerset................................  *17
----------------------------------------------------------------------------------------------------------------
                                                    Louisiana
----------------------------------------------------------------------------------------------------------------
Alexandria..............................  26, 31, *33, 35
Baton Rouge.............................  9, 13, 24, *25, 34

[[Page 152]]

 
Columbia................................  11
Hammond.................................  35
Lafayette...............................  10, 16, *23, 28
Lake Charles............................  7, 18, *20
Minden..................................  32
Monroe..................................  *13, 24
New Iberia..............................  17
New Orleans.............................  15, 19, 21, *23, 26, 27, *28, 29, 33
Shreveport..............................  16, *17, 23, 28, 34
Slidell.................................  17
West Monroe.............................  19, 22
----------------------------------------------------------------------------------------------------------------
                                                      Maine
----------------------------------------------------------------------------------------------------------------
Augusta.................................  *20
Bangor..................................  2, 7, 13
Biddeford...............................  *36
Calais..................................  *10
Lewiston................................  24
Orono...................................  *22
Poland Spring...........................  8
Portland................................  15, 31, 34
Presque Isle............................  8, *10
Waterville..............................  17
----------------------------------------------------------------------------------------------------------------
                                                    Maryland
----------------------------------------------------------------------------------------------------------------
Annapolis...............................  *21
Baltimore...............................  11, 12, *22, 25, 26, 27, S
Frederick...............................  *28
Hagerstown..............................  23, *29
Oakland.................................  *26
Salisbury...............................  *16, 29, 32
Silver Spring...........................  S
----------------------------------------------------------------------------------------------------------------
                                                  Massachusetts
----------------------------------------------------------------------------------------------------------------
Boston..................................  *5, 20, 21, 22, *32, 33, 34, 35
Cambridge...............................  S
Foxborough..............................  S
Lowell..................................  *S
Marlborough.............................  27
New Bedford.............................  24, S
Norwell.................................  36
Pittsfield..............................  7
Springfield.............................  11, *13, 26
Woburn..................................  S
Worcester...............................  19
----------------------------------------------------------------------------------------------------------------
                                                    Michigan
----------------------------------------------------------------------------------------------------------------
Alpena..................................  11, *24
Ann Arbor...............................  24
Bad Axe.................................  *15
Battle Creek............................  17, 21
Bay City................................  23, 30
Cadillac................................  9, 32, *34
Calumet.................................  5
Cheboygan...............................  16
Detroit.................................  7, *20, 21, 25, 31, 32, 34
East Lansing............................  *33
Escanaba................................  32
Flint...................................  12, 16
Grand Rapids............................  7, *11, 13, 19
Ishpeming...............................  10
Kalamazoo...............................  *5, 8, 22
Lansing.................................  14, 28, S
Manistee................................  *20
Marquette...............................  *8, 19, 35
Mount Clemens...........................  27
Mount Pleasant..........................  *26
Muskegon................................  24
Onondaga................................  10
Saginaw.................................  18, 36
Sault Ste. Marie........................  8, 10

[[Page 153]]

 
Traverse City...........................  29, 35
Vanderbilt..............................  21
----------------------------------------------------------------------------------------------------------------
                                                    Minnesota
----------------------------------------------------------------------------------------------------------------
Alexandria..............................  7, 24
Appleton................................  *10
Austin..................................  *20, 36
Bemidji.................................  *9, 26
Brainerd................................  *28
Chisholm................................  11
Crookston...............................  *16
Duluth..................................  *8, 10, 18, 27, 33
Hibbing.................................  13, *31
Mankato.................................  12
Minneapolis.............................  9, 22, 29, 30, 31, 32
Redwood Falls...........................  27
Rochester...............................  10, 26
St. Cloud...............................  16
St. Paul................................  *23, *34, 35
Thief River Falls.......................  10
Walker..................................  12
Worthington.............................  *15
----------------------------------------------------------------------------------------------------------------
                                                   Mississippi
----------------------------------------------------------------------------------------------------------------
Biloxi..................................  *16, 32
Booneville..............................  *9
Bude....................................  *18
Columbus................................  27
Greenville..............................  15
Greenwood...............................  *25, 32
Gulfport................................  25
Hattiesburg.............................  22
Holly Springs...........................  26
Jackson.................................  12, 14, *20, 21, 23, 30
Laurel..................................  7
Magee...................................  34
Meridian................................  13, 24, *28, 31
Mississippi State.......................  *8
Natchez.................................  15
Oxford..................................  *36
Senatobia...............................  *S
Tupelo..................................  11, 17
Vicksburg...............................  36
West Point..............................  16
----------------------------------------------------------------------------------------------------------------
                                                    Missouri
----------------------------------------------------------------------------------------------------------------
Cape Girardeau..........................  32, 36
Columbia................................  17, 27
Hannibal................................  22
Jefferson City..........................  20, 29
Joplin..................................  17, 23, *35
Kansas City.............................  *18, 24, 29, 30, 31, 32, 34, 36
Kirksville..............................  33
Osage Beach.............................  22
Poplar Bluff............................  15
Sedalia.................................  15
Springfield.............................  10, *16, 19, 28
St. Joseph..............................  7, 21
St. Louis...............................  14, *23, 24, 26, 31, 33, 35
----------------------------------------------------------------------------------------------------------------
                                                     Montana
----------------------------------------------------------------------------------------------------------------
Billings................................  11, *16, 18, 20
Bozeman.................................  * 8, 27
Butte...................................  15, 19, 20, 24
Glendive................................  5
Great Falls.............................  8, 17, * 21, 22, 26
Hardin..................................  22
Havre...................................  9
Helena..................................  29, 31
Kalispell...............................  * 15, 17
Miles City..............................  3

[[Page 154]]

 
Missoula................................  7, *11, 20, 23
----------------------------------------------------------------------------------------------------------------
                                                    Nebraska
----------------------------------------------------------------------------------------------------------------
Alliance................................  *13
Bassett.................................  *7
Grand Island............................  11
Hastings................................  5, *28
Hayes Center............................  6
Kearney.................................  18
Lexington...............................  *26
Lincoln.................................  8, 10, 15, *27
McCook..................................  12
Merriman................................  *12
Missoula................................  *11, 20, 23, 25
Norfolk.................................  *19
North Platte............................  2, *9
Omaha...................................  *17, 20, 22, 26, 29, 31
Scottsbluff.............................  29
Sidney..................................  7
York....................................  24
----------------------------------------------------------------------------------------------------------------
                                                     Nevada
----------------------------------------------------------------------------------------------------------------
Elko....................................  20
Ely.....................................  27
Henderson...............................  24
Las Vegas...............................  2, 7, *11, 13, 16, 22, 29
Laughlin................................  32
Paradise................................  20
Reno....................................  8, 11, 12, *15, 20, 23, 26
Tonopah.................................  9
Winnemucca..............................  7
----------------------------------------------------------------------------------------------------------------
                                                  New Hampshire
----------------------------------------------------------------------------------------------------------------
Concord.................................  23
Derry...................................  S
Durham..................................  *11
Keene...................................  *18
Littleton...............................  *23
Manchester..............................  9
Merrimack...............................  29
----------------------------------------------------------------------------------------------------------------
                                                   New Jersey
----------------------------------------------------------------------------------------------------------------
Atlantic City...........................  4
Camden..................................  *23
Jersey City.............................  S
Linden..................................  35
Middletown Township.....................  3
Millville...............................  S
Montclair...............................  *S
Mount Laurel............................  S
New Brunswick...........................  *8
Newark..................................  12, 26
Newton..................................  18
Paterson................................  S
Princeton...............................  S
Secaucus................................  25
Trenton.................................  *S
Vineland................................  S
Wildwood................................  36
----------------------------------------------------------------------------------------------------------------
                                                   New Mexico
----------------------------------------------------------------------------------------------------------------
Albuquerque.............................  7, 13, 16, *17, 22, 24, 26, *35, 36
Carlsbad................................  19, 25
Clovis..................................  12
Farmington..............................  12
Hobbs...................................  29
Las Cruces..............................  *23, 26
Portales................................  *32
Roswell.................................  8, 10, 21, 27
Santa Fe................................  *8, 10, 27, 29

[[Page 155]]

 
Silver City.............................  10, 12
----------------------------------------------------------------------------------------------------------------
                                                    New York
----------------------------------------------------------------------------------------------------------------
Albany..................................  8, 21, 24
Amsterdam...............................  19
Batavia.................................  24
Binghamton..............................  7, 8, 27, *31
Buffalo.................................  16, *31, 32, 33, 34, 36, S
Carthage................................  8
Corning.................................  *25, 30
Elmira..................................  23, 35
Garden City.............................  *32
Ithaca..................................  13
Jamestown...............................  5
New Rochelle............................  S
New York................................  7, 11, *24, 27, 34, 36, S
Norwood.................................  *23
Plattsburgh.............................  14, *36
Riverhead...............................  29
Rochester...............................  9, 10, 21, *22, 28
Saranac Lake............................  34
Schenectady.............................  22, *25, 35
Smithtown...............................  23
Springville.............................  7
Syracuse................................  14, 15, 17, 18, 19, *20, 36
Utica...................................  29, 30, 34
Watertown...............................  *26, 31
----------------------------------------------------------------------------------------------------------------
                                                 North Carolina
----------------------------------------------------------------------------------------------------------------
Archer Lodge............................  S
Asheville...............................  13, *20, S
Belmont.................................  25
Burlington..............................  26
Chapel Hill.............................  *20
Charlotte...............................  *9, 18, 19, 23, 24
Concord.................................  *21
Durham..................................  9, 14
Edenton.................................  *29
Fayetteville............................  22
Goldsboro...............................  8
Greensboro..............................  28, 35, S
Greenville..............................  12, 19, *25, 36
Hickory.................................  14
High Point..............................  31
Jacksonville............................  16, *28
Kannapolis..............................  32
Lexington...............................  S
Linville................................  *36
Lumberton...............................  *30
Manteo..................................  13
New Bern................................  10
Raleigh.................................  15, 17, 18
Roanoke Rapids..........................  *27
Rocky Mount.............................  32
Wake Forest.............................  S
Washington..............................  34
Wilmington..............................  *21, 23, 24, 29
Winston-Salem...........................  16, 29, *33
----------------------------------------------------------------------------------------------------------------
                                                  North Dakota
----------------------------------------------------------------------------------------------------------------
Bismarck................................  12, 17, *22, 26, 31
Devils Lake.............................  8, *25
Dickinson...............................  7, *9, 19
Ellendale...............................  *20
Fargo...................................  *13, 19, 21, 36
Grand Forks.............................  *15, 27
Jamestown...............................  7
Minot...................................  10, 13, 14, *15, 24
Pembina.................................  12
Valley City.............................  24
Williston...............................  8, *11, 14
----------------------------------------------------------------------------------------------------------------

[[Page 156]]

 
                                                      Ohio
----------------------------------------------------------------------------------------------------------------
Akron...................................  17, 22, *24
Alliance................................  *29
Athens..................................  *32
Bowling Green...........................  *22
Cambridge...............................  *6
Canton..................................  S, S
Chillicothe.............................  23
Cincinnati..............................  12, *17, 18, 20, 26
Cleveland...............................  8, 15, 19, *35, 36
Columbus................................  14, *16, 21, 27, 28
Dayton..................................  31, 33, 34, *35, 36
Lima....................................  4, 8
London..................................  S
Lorain..................................  S
Mansfield...............................  12
Oxford..................................  *29
Portsmouth..............................  15
Sandusky................................  3
Shaker Heights..........................  10
Springfield.............................  S
Steubenville............................  9
Toledo..................................  11, 13, 23, 26, *29, 35
Youngstown..............................  31, 33, S
Zanesville..............................  30
----------------------------------------------------------------------------------------------------------------
                                                    Oklahoma
----------------------------------------------------------------------------------------------------------------
Ada.....................................  17
Bartlesville............................  36
Cheyenne................................  *8
Claremore...............................  *32
Eufaula.................................  *31
Lawton..................................  11
Muskogee................................  20
Norman..................................  16
Oklahoma City...........................  7, *13, 15, 18, 19, 23, 24, 25, 27, 33
Okmulgee................................  28
Shawnee.................................  29
Tulsa...................................  8, 10, *11, 12, 16, 22, 26, 34
Woodward................................  35
----------------------------------------------------------------------------------------------------------------
                                                     Oregon
----------------------------------------------------------------------------------------------------------------
Bend....................................  *11, 18, 21
Coos Bay................................  22, 34
Corvallis...............................  *7
Eugene..................................  9, 17, 28, *29, 31
Grants Pass.............................  30
Klamath Falls...........................  13, 29, *33
La Grande...............................  *13, 16
Medford.................................  5, *8, 12, 16, 26
Pendleton...............................  11
Portland................................  *10, 21, 24, 25, 26, 32
Roseburg................................  18, 19, 36
Salem...................................  22, 33
----------------------------------------------------------------------------------------------------------------
                                                  Pennsylvania
----------------------------------------------------------------------------------------------------------------
Allentown...............................  S, *S
Altoona.................................  6, 24, 31
Bethlehem...............................  9
Clearfield..............................  *15
Erie....................................  12, 21, 26, *27, 28
Greensburg..............................  28
Harrisburg..............................  10, 32, *36
Hazleton................................  22
Jeannette...............................  11
Johnstown...............................  8, 35
Lancaster...............................  8, S
Philadelphia............................  6, 17, 28, 30, 31, 33, *S
Pittsburgh..............................  *4, 16, 20, 21, 23, 25, 27
Red Lion................................  S

[[Page 157]]

 
Scranton................................  12, 21, 33, 34, *S
Wilkes-Barre............................  11
Williamsport............................  29
Willow Grove............................  S
York....................................  S
----------------------------------------------------------------------------------------------------------------
                                                  Rhode Island
----------------------------------------------------------------------------------------------------------------
Newport.................................  17
Providence..............................  *2, 7, 12, 25
----------------------------------------------------------------------------------------------------------------
                                                 South Carolina
----------------------------------------------------------------------------------------------------------------
Allendale...............................  *21
Anderson................................  35
Beaufort................................  *32
Charleston..............................  17, 19, 20, *24, 25, 34
Columbia................................  7, 10, 15, 22, 25, *33
Conway..................................  *28
Florence................................  13, *16, 26, 27
Greenville..............................  2, *8, 17, 30
Greenwood...............................  *26
Hardeeville.............................  26
Myrtle Beach............................  32, 36
Rock Hill...............................  34, S
Spartanburg.............................  11, *S
Sumter..................................  *29, 31
----------------------------------------------------------------------------------------------------------------
                                                  South Dakota
----------------------------------------------------------------------------------------------------------------
Aberdeen................................  9, *17
Brookings...............................  *8
Eagle Butte.............................  *13
Florence................................  3
Huron...................................  12
Lead....................................  5, 10
Lowry...................................  *11
Martin..................................  *8
Mitchell................................  26
Pierre..................................  *10, 19
Rapid City..............................  2, 7, 16, 21, *26
Reliance................................  13
Sioux Falls.............................  7, 11, 13, 21, *24, 36
Vermillion..............................  *34
----------------------------------------------------------------------------------------------------------------
                                                    Tennessee
----------------------------------------------------------------------------------------------------------------
Chattanooga.............................  8, 9, 13, 14, *35
Cleveland...............................  23
Cookeville..............................  *22
Crossville..............................  31
Franklin................................  32
Greeneville.............................  28
Hendersonville..........................  33
Jackson.................................  21, 35
Jellico.................................  18
Johnson City............................  9
Kingsport...............................  32
Knoxville...............................  7, 10, 15, 26, *29, 34
Lebanon.................................  25
Lexington...............................  *27
Memphis.................................  13, 23, 25, 28, *29, 30, 31, 33
Murfreesboro............................  16
Nashville...............................  *7, 10, 20, 21, 27, 30, 36
Sneedville..............................  *24
Tazewell................................  36
----------------------------------------------------------------------------------------------------------------
                                                      Texas
----------------------------------------------------------------------------------------------------------------
Abilene.................................  15, 29, 30
Alvin...................................  36
Amarillo................................  *9, 10, 15, 19, 20
Arlington...............................  25
Austin..................................  7, 21, *22, 23, 33, 34
Baytown.................................  31

[[Page 158]]

 
Beaumont................................  12, 15, *29
Belton..................................  17
Big Spring..............................  33
Blanco..................................  18
Borger..................................  31
Bryan...................................  24
College Station.........................  16, 29
Conroe..................................  *12
Corpus Christi..........................  8, 10, 19, *23, 26, 27
Dallas..................................  8, *14, 21, 27, 32, 35, 36
Decatur.................................  30
Del Rio.................................  28
Denton..................................  *29
Eagle Pass..............................  18
El Paso.................................  *13, 15, 16, 17, 18, 20, *21, 25
Farwell.................................  18
Fort Worth..............................  9, 18, 19, 24
Fredericksburg..........................  8
Galveston...............................  22, *23
Garland.................................  33
Greenville..............................  23
Harlingen...............................  16, 18, *21
Houston.................................  *8, 11, 13, 19, 21, *24, 26, 34, 35
Irving..................................  34
Jacksonville............................  22
Katy....................................  25
Kerrville...............................  32
Killeen.................................  13
Lake Dallas.............................  31
Laredo..................................  8, 19
Llano...................................  27
Longview................................  20, S
Lubbock.................................  16, *25, 27, 31, 35, 36
Lufkin..................................  24
McAllen.................................  17
Midland.................................  18, 26
Nacogdoches.............................  15
Odessa..................................  9, 15, 23, *28, 30, 31
Port Arthur.............................  27
Rio Grande..............................  14
Rosenberg...............................  30
San Angelo..............................  11, 16, 19
San Antonio.............................  *9, 12, 15, *16, 24, 28, 29, 30
Sherman.................................  12
Snyder..................................  17
Sweetwater..............................  20
Temple..................................  9
Texarkana...............................  26
Tyler...................................  7
Uvalde..................................  26
Victoria................................  11, 20
Waco....................................  10, *20, 26, 28
Weslaco.................................  13
Wichita Falls...........................  15, 22, 28
Wolfforth...............................  23
----------------------------------------------------------------------------------------------------------------
                                                      Utah
----------------------------------------------------------------------------------------------------------------
Cedar City..............................  14
Logan...................................  12
Ogden...................................  24, 35, *36
Price...................................  11
Provo...................................  *17, 29, 32
Richfield...............................  *19
Salt Lake City..........................  19, 20, 23, *27, 28, 30, 34
St. George..............................  *18, 21
Vernal..................................  16
----------------------------------------------------------------------------------------------------------------
                                                     Vermont
----------------------------------------------------------------------------------------------------------------
Burlington..............................  7, 16, 20, *32
Montpelier..............................  S
Rutland.................................  *10
St. Johnsbury...........................  *28

[[Page 159]]

 
Windsor.................................  *S
----------------------------------------------------------------------------------------------------------------
                                                    Virginia
----------------------------------------------------------------------------------------------------------------
Arlington...............................  15
Ashland.................................  8
Bristol.................................  35
Charlottesville.........................  2, *26, 32
Culpeper................................  *S
Danville................................  S
Grundy..................................  14
Hampton.................................  35
Hampton-Norfolk.........................  *31
Harrisonburg............................  20
Lynchburg...............................  7, 21
Manassas................................  35
New Market..............................  *S
Norfolk.................................  16, 32, 33
Petersburg..............................  28
Portsmouth..............................  19, 20
Richmond................................  10, *22, 23, 24, *29
Roanoke.................................  *13, 27, 30, 34, 36
Spotsylvania............................  *S
Staunton................................  *15
Virginia Beach..........................  7, 21
----------------------------------------------------------------------------------------------------------------
                                                   Washington
----------------------------------------------------------------------------------------------------------------
Bellevue................................  24, 33
Bellingham..............................  14, 19
Centralia...............................  *19
Everett.................................  31
Kennewick...............................  27
Pasco...................................  18
Pullman.................................  *10, 24
Richland................................  *22, 26
Seattle.................................  *9, 16, 23, 25, 30, 36
Spokane.................................  *7, 13, 15, 20, 28, 34, 36
Tacoma..................................  11, 13, 21, *27, *34
Vancouver...............................  30
Walla Walla.............................  9
Yakima..................................  14, 16, *21, 33
----------------------------------------------------------------------------------------------------------------
                                                  West Virginia
----------------------------------------------------------------------------------------------------------------
Bluefield...............................  17, 25
Charleston..............................  18, 24, 29
Clarksburg..............................  12, 13
Grandview...............................  *8
Huntington..............................  *9, 10, 22
Lewisburg...............................  11
Martinsburg.............................  13
Morgantown..............................  *34
Oak Hill................................  31
Parkersburg.............................  35
Weston..................................  33
Wheeling................................  7
----------------------------------------------------------------------------------------------------------------
                                                    Wisconsin
----------------------------------------------------------------------------------------------------------------
Antigo..................................  19
Appleton................................  36
Chippewa Falls..........................  21
Crandon.................................  13
Eagle River.............................  26, 28
Eau Claire..............................  17, 25
Fond du Lac.............................  5
Green Bay...............................  14, 18, 22, 23, *25
Janesville..............................  21
Kenosha.................................  30
La Crosse...............................  8, *15, 28, 33
Madison.................................  11, 18, 19, *20, 26
Mayville................................  34
Menomonie...............................  *27
Milwaukee...............................  *8, 27, 28, 29, 31, 32, S, *S

[[Page 160]]

 
Park Falls..............................  *36
Racine..................................  S
Rhinelander.............................  16
Superior................................  19
Suring..................................  15
Wausau..................................  7, 9, *24
Wittenberg..............................  31
----------------------------------------------------------------------------------------------------------------
                                                     Wyoming
----------------------------------------------------------------------------------------------------------------
Casper..................................  *8, 12, 14, 17, 20
Cheyenne................................  11, 27, 30
Jackson.................................  11
Lander..................................  7, *8
Laramie.................................  *8
Rawlins.................................  9
Riverton................................  10
Rock Springs............................  13
Sheridan................................  7, 13
----------------------------------------------------------------------------------------------------------------
                                                      Guam
----------------------------------------------------------------------------------------------------------------
Hag[aring]t[ntilde]a....................  8, 12
Tamuning................................  14
----------------------------------------------------------------------------------------------------------------
                                                   Puerto Rico
----------------------------------------------------------------------------------------------------------------
Aguada..................................  25
Aguadilla...............................  12, 17
Arecibo.................................  35
Bayam[oacute]n..........................  S
Caguas..................................  11, *24
Carolina................................  30
Fajardo.................................  13, *15, 16
Guayama.................................  34
Humacao.................................  23
Mayag[uuml]ez...........................  20, 29, 31, 32
Naranjito...............................  18
Ponce...................................  7, 9, 14, *19, 36, S
San Juan................................  21, *26, 27, 28, S
San Sebasti[aacute]n....................  33
Toa Baja................................  *S
Yauco...................................  S
----------------------------------------------------------------------------------------------------------------
                                                US Virgin Islands
----------------------------------------------------------------------------------------------------------------
Charlotte Amalie........................  17, 21, *36
Christiansted...........................  20, 23
----------------------------------------------------------------------------------------------------------------


[62 FR 26712, May 14, 1997]

    Editorial Note: For Federal Register citations affecting Sec. 
73.622, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 73.623  DTV applications and changes to DTV allotments.

    (a) General. This section contains the technical criteria for 
evaluating applications requesting DTV facilities that do not conform to 
the provisions of Sec. 73.622 and petitions for rulemaking to amend the 
DTV Table of Allotments (Sec. 73.622(b)). Petitions to amend the DTV 
Table (other than those also expressly requesting amendment of this 
section) and applications for new DTV broadcast stations or for changes 
in authorized DTV stations filed pursuant to this section will not be 
accepted for filing if they fail to comply with the requirements of this 
section. Petitions for rule making and applications seeking facilities 
that will operate after the end of the DTV transition must also comply 
with Sec. 73.616.
    (b) In considering petitions to amend the DTV Table and applications 
filed pursuant to this section, the Commission will use geographic 
coordinates defined in Sec. 73.622(d) as reference points in 
determining allotment separations and evaluating interference potential.
    (c) [Reserved]

[[Page 161]]

    (1) Requests filed pursuant to this paragraph must demonstrate 
compliance with the principal community coverage requirements of section 
73.625(a).
    (2) Requests filed pursuant to this paragraph (c) must demonstrate 
that the requested change would not result in more than an additional 2 
percent the population served by another station being subject to 
interference; provided, however, that no new interference may be caused 
to any station that already experiences interference to 10 percent or 
more of its population or that would result in a station receiving 
interference in excess of 10 percent of its population. The station 
population values for existing NTSC service and DTV service contained in 
Appendix B of the Memorandum Opinion and Order on Reconsideration of the 
Sixth Report and Order in MM Docket No. 87-268, FCC 98-24, adopted 
January 29, 1998, referenced in Sec. 73.622(c), are to be used for the 
purposes of determining whether a power increase or other change is 
permissible under this de minimis standard. For evaluating compliance 
with this requirement, interference to populations served is to be 
predicted based on the procedure set forth in OET Bulletin No. 69, 
including population served within service areas determined in 
accordance with Sec. 73.622(e), consideration of whether F(50,10) 
undesired signals will exceed the following desired-to-undesired (D/U) 
signal ratios, assumed use of a directional receiving antenna, and use 
of the terrain dependent Longley-Rice point-to-point propagation model. 
Copies of OET Bulletin No. 69 may be inspected during normal business 
hours at the Federal Communications Commission's Reference Information 
Center, located at the address of the FCC's main office indicated in 47 
CFR 0.401(a). These documents are also available through the Internet on 
the FCC Home Page at http://www.fcc.gov. The threshold levels at which 
interference is considered to occur are:

------------------------------------------------------------------------
                                                              D/U Ratio
------------------------------------------------------------------------
Co-channel:
  DTV-into-analog TV.......................................         + 34
  Analog TV-into-DTV.......................................          + 2
  DTV-into-DTV.............................................         + 15
First Adjacent Channel:
  Lower DTV-into-analog TV.................................          -14
  Upper DTV-into-analog TV.................................          -17
  Lower analog TV-into-DTV.................................          -48
  Upper analog TV-into-DTV.................................          -49
  Lower DTV-into-DTV.......................................          -28
  Upper DTV-into-DTV.......................................          -26
 
Other Adjacent Channel (Channels 14-69 only)
 
DTV-into-analog TV, where N = analog TV channel and DTV
 Channel:
  N-2......................................................          -24
  N + 2....................................................          -28
  N-3......................................................          -30
  N + 3....................................................          -34
  N-4......................................................          -34
  N + 4....................................................          -25
  N-7......................................................          -35
  N + 7....................................................          -43
  N-8......................................................          -32
  N + 8....................................................          -43
  N + 14...................................................          -33
  N + 15...................................................          -31
------------------------------------------------------------------------

    (3) The values in paragraph (c)(2) of this section for co-channel 
interference to DTV service are only valid at locations where the 
signal-to-noise ratio is 28 dB or greater for interference from DTV and 
25 dB or greater for interference from analog TV service. At the edge of 
the noise-limited service area, where the signal-to-noise (S/N) ratio is 
16 dB, these values are 21 dB and 23 dB for interference from analog TV 
and DTV, respectively. At locations where the S/N ratio is greater than 
16 dB but less than 28 dB, D/U values for co-channel interference to DTV 
are as follows:
    (i) For DTV-to-DTV interference, the minimum D/U ratios are computed 
from the following formula:

D/U = 15 + 10log10[1.0/(1.0-10-x/10)]

Where x = S/N-15.19 (minimum signal to noise ratio)

    (ii) For analog-to-DTV interference, the minimum D/U ratios are 
found from the following Table (for values between measured values, 
linear interpolation can be used):

------------------------------------------------------------------------
                                                             Desired-to-
                 Signal-to-noise ratio (dB)                   undesired
                                                              ratio (dB)
------------------------------------------------------------------------
16.00......................................................        21.00
16.35......................................................        19.94
17.35......................................................        17.69
18.35......................................................        16.44
19.35......................................................         7.19
20.35......................................................         4.69
21.35......................................................         3.69
22.35......................................................         2.94
23.35......................................................         2.44
25.00......................................................         2.00
------------------------------------------------------------------------


[[Page 162]]

    (4) Due to the frequency spacing that exists between Channels 4 and 
5, between Channels 6 and 7, and between Channels 13 and 14, the minimum 
adjacent channel technical criteria specified in paragraph (c)(2) of 
this section shall not be applicable to these pairs of channels (see 
Sec. 73.603(a)).
    (5) A DTV station application that proposes to expand the DTV 
station's allotted or authorized coverage area in any direction will not 
be accepted if it is predicted to cause interference to a Class A TV 
station or to a digital Class A TV station authorized pursuant to 
Subpart J of this part, within the protected contour defined in Sec. 
73.6010 of this part. This paragraph applies to all DTV applications 
filed after May 1, 2000, and to DTV applications filed between December 
31, 1999 and April 30, 2000 unless the DTV station licensee or permittee 
notified the Commission of its intent to ``maximize'' by December 31, 
1999.
    (i) Interference is predicted to occur if the ratio in dB of the 
field strength of a Class A TV station at its protected contour to the 
field strength resulting from the facilities proposed in the DTV 
application (calculated using the appropriate F(50,10) chart from Figure 
9a, 10a, or 10c of Sec. 73.699 of this part) fails to meet the D/U 
signal ratios for ``DTV-into-analog TV'' specified in paragraph (c)(2) 
of this section.
    (ii) Interference is predicted to occur if the ratio in dB of the 
field strength of a digital Class A TV station at its protected contour 
to the field strength resulting from the facilities proposed in the DTV 
application (calculated using the appropriate F(50,10) chart from Figure 
9a, 10a, or 10c of Sec. 73.699 of this part) fails to meet the D/U 
signal ratios for ``DTV-into-DTV'' specified in paragraphs (c)(2) and 
(c)(3) of this section.
    (iii) In support of a request for waiver of the interference 
protection requirements of this section, an applicant for a DTV 
broadcast station may make full use of terrain shielding and Longley-
Rice terrain dependent propagation methods to demonstrate that the 
proposed facility would not be likely to cause interference to Class A 
TV stations. Guidance on using the Longely-Rice methodology is provided 
in OET Bulletin No. 69, which is available through the Internet at 
http://www.fcc.gov/oet/info/documents/bulletins/69.
    (d) Minimum geographic spacing requirements for DTV allotments not 
included in the initial DTV Table of Allotments. No petition to add a 
new channel to the DTV Table of Allotments or modify an allotment not 
included in the initial DTV Table will be accepted unless it shows 
compliance with the requirements of this paragraph.
    (1) Requests filed pursuant to this paragraph must demonstrate 
compliance with the principle community coverage requirements of section 
73.625(a).
    (2) Requests filed pursuant to this paragraph must meet the 
following requirements for geographic spacing with regard to all other 
DTV stations, DTV allotments and analog TV stations:

------------------------------------------------------------------------
             Channel relationship                Separation requirement
------------------------------------------------------------------------
VHF Channels 2-13:
    Co-channel, DTV to DTV
                                               Zone I: 244.6 km.
                                               Zones II & III: 273.6 km.
    Co-channel, DTV to analog TV
                                               Zone I: 244.6 km.
                                               Zone II & III: 273.6 km.
Adjacent Channel:
    DTV to DTV...............................  No allotments permitted
                                                between:
                                               Zone I: 20 km and 110 km.
                                               Zones II & III: 23 km and
                                                110 km.
    DTV to analog TV.........................  No allotments permitted
                                                between:
                                               Zone I: 9 km and 125 km.
                                               Zone II & III: 11 km and
                                                125 km.
UHF Channels:
    Co-channel, DTV to DTV
                                               Zone I: 196.3 km.
                                               Zone II & III: 223.7 km.
    Co-channel, DTV to analog TV
                                               Zone I: 217.3 km.

[[Page 163]]

 
                                               Zone II & III: 244.6 km.
Adjacent Channel:
    DTV to DTV...............................  No allotments permitted
                                                between:
                                               All Zones: 24 km and 110
                                                km.
    DTV to analog TV.........................  No allotments permitted
                                                between:
                                               All Zones: 12 km and 106
                                                km.
    Taboo Channels, DTV to analog TV only      No allotments permitted
     (DTV channels 2,     between:
     3, 4, 7, 8, and 14 or 15 channels  Zone II & III: 24.1 km
     above the analog TV channel).              and 96.6 km.
------------------------------------------------------------------------

    (3) Zones are defined in Sec. 73.609. The minimum distance 
separation between a DTV station in one zone and an analog TV or DTV 
station in another zone shall be that of the zone requiring the lower 
separation.
    (4) Due to the frequency spacing that exists between Channels 4 and 
5, between Channels 6 and 7, and between Channels 13 and 14, the minimum 
geographic spacing requirements specified in paragraph (d)(3) of this 
section shall not be applicable to these pairs of channels (Sec. 
73.603(a)).
    (e) Protection of land mobile operations on channels 14-20. The 
Commission will not accept petitions to amend the DTV Table of 
Allotments, applications for new DTV stations, or applications to change 
the channel or location of authorized DTV stations that would use 
channels 14-20 where the distance between the DTV reference point as 
defined in section 73.622(d), would be located less than 250 km from the 
city center of a co-channel land mobile operation or 176 km from the 
city center of an adjacent channel land mobile operation. Petitions to 
amend the DTV Table, applications for new DTV stations, or requests to 
modify the DTV Table that do not meet the minimum DTV-to-land mobile 
spacing standards will, however, be considered where all affected land 
mobile licensees consent to the requested action. Land mobile operations 
are authorized on these channels in the following markets:

----------------------------------------------------------------------------------------------------------------
              City                          Channels                      Latitude                 Longitude
----------------------------------------------------------------------------------------------------------------
Boston, MA.....................  14, 16.......................  42[deg]21[min]24[sec]         71[deg]03[min]25[s
                                                                                               ec]
Chicago, IL....................  14, 15.......................  41[deg]52[min]28[sec]         87[deg]38[min]22[s
                                                                                               ec]
Cleveland, OH..................  14, 15.......................  41[deg]29[min]51.2[sec]       81[deg]41[min]49.5
                                                                                               [sec]
Dallas, TX.....................  16...........................  32[deg]47[min]09[sec]         96[deg]47[min]37[s
                                                                                               ec]
Detroit, MI....................  15, 16.......................  42[deg]19[min]48.1[sec]       83[deg]02[min]56.7
                                                                                               [sec]
Houston, TX....................  17...........................  29[deg]45[min]26[sec]         95[deg]21[min]37[s
                                                                                               ec]
Los Angeles, CA................  14, 16, 20...................  34[deg]03[min]15[sec]         118[deg]14[min]28[
                                                                                               sec]
Miami, FL......................  14...........................  25[deg]46[min]37[sec]         80[deg]11[min]32[s
                                                                                               ec]
New York, NY...................  14, 15, 16...................  40[deg]45[min]06[sec]         73[deg]59[min]39[s
                                                                                               ec]
Philadelphia, PA...............  19, 20.......................  39[deg]56[min]58[sec]         75[deg]09[min]21[s
                                                                                               ec]
Pittsburgh, PA.................  14, 18.......................  40[deg]26[min]19[sec]         80[deg]00[min]00[s
                                                                                               ec]
San Francisco, CA..............  16, 17.......................  37[deg]46[min]39[sec]         122[deg]24[min]40[
                                                                                               sec]
Washington, DC.................  17, 18.......................  38[deg]53[min]51[sec]         77[deg]00[min]33[s
                                                                                               ec]
----------------------------------------------------------------------------------------------------------------

    (f) Parties requesting new allotments on channel 6 be added to the 
DTV Table must submit an engineering study demonstrating that no 
interference would be caused to existing FM radio stations on FM 
channels 200-220.
    (g) [Reserved]
    (h) DTV application processing. (1) DTV applications for a 
construction permit or a modified construction permit pending as of 
January 18, 2001:
    (i) Shall be afforded the interference protection set forth in 
paragraph (c) or (d) of this section, as applicable:
    (A) By all NTSC minor change applications;
    (B) By NTSC new station applications, except those covered by 
paragraphs (h)(1)(ii)(G) and (h)(1)(iii)(D) of this section;
    (C) By all rulemaking petitions to amend the NTSC TV table of 
allotments;
    (D) By DTV applications filed after January 18, 2001; and
    (E) By rulemaking petitions to amend the DTV table of allotments 
filed after January 18, 2001;

[[Page 164]]

    (ii) Must demonstrate the requisite interference protection set 
forth in paragraph (c) or (d) of this section, as applicable, to:
    (A) DTV licensed stations;
    (B) DTV construction permits;
    (C) Existing DTV allotments;
    (D) Rulemaking petitions to amend the DTV table of allotments for 
which a Notice of Proposed Rule Making has been released and the comment 
deadline specified therein has passed prior to the filing date of the 
DTV application;
    (E) NTSC stations with licenses covering construction permits that 
were granted before the DTV application was filed;
    (F) NTSC construction permits that were granted before the DTV 
application was filed;
    (G) Applications for new NTSC television stations that were in 
groups of mutually exclusive applications on file prior to July 1, 1997, 
regardless of whether they are the only applications that remain pending 
from their group.
    (iii) That do not provide the requisite interference protection set 
forth in paragraph (c) or (d) of this section, as applicable, to the 
following applications and petitions will be deemed mutually exclusive 
with those applications and petitions:
    (A) Other DTV applications pending as of January 18, 2001;
    (B) Rulemaking petitions to amend the DTV table of allotments filed 
on or before January 18, 2001 for which a Notice of Proposed Rule Making 
had been released and the comment deadline specified therein had not 
passed prior to the filing date of the DTV application;
    (C) Rulemaking petitions to amend the DTV table of allotments filed 
on or before January 18, 2001 for which a Notice of Proposed Rule Making 
had not been released; and
    (D) Applications for new NTSC stations that are not covered by 
paragraph (h)(1)(ii)(G) of this section and were filed and accepted for 
filing on or before January 18, 2001 that:
    (1) Were filed by post-auction winners pursuant to Sec. 73.5005.
    (2) Are part of a settlement agreement on-file with the Commission 
that would result in the grant of the NTSC application; or
    (3) Are cut-off singletons.
    (2) DTV applications for a construction permit or a modified 
construction permit filed after January 18, 2001:
    (i) Shall be afforded the interference protection set forth in 
paragraph (c) or (d) of this section, as applicable:
    (A) By all NTSC minor change applications;
    (B) By NTSC new station applications, except those covered by 
paragraph (h)(2)(ii)(H) and (I) of this section;
    (C) By all rulemaking petitions to amend the NTSC TV table of 
allotments except those filed by NTSC applicants in those groups defined 
in (h)(2)(ii)(I) of this section for which a Notice of Proposed Rule 
Making has been released and the comment deadline specified therein has 
passed prior to the filing date of the DTV application;
    (D) By later-filed DTV applications; and
    (E) By later-filed rulemaking petitions to amend the DTV table of 
allotments;
    (ii) Must demonstrate the requisite interference protection set 
forth in paragraph (c) or (d) of this section, as applicable, to:
    (A) DTV licensed stations;
    (B) DTV construction permits;
    (C) Earlier-filed DTV applications;
    (D) Existing DTV allotments;
    (E) Rulemaking petitions to amend the DTV table of allotments for 
which a Notice of Proposed Rule Making has been released and the comment 
deadline specified therein has passed prior to the filing date of the 
DTV application;
    (F) NTSC stations with licenses covering construction permits that 
were granted before the DTV application was filed;
    (G) NTSC construction permits that were granted before the DTV 
application was filed; and
    (H) Earlier-filed and accepted for filing applications for new NTSC 
stations that are not covered by paragraph (h)(2)(ii)(I) of this 
section, and that:
    (1) Were filed by post-auction winners pursuant to Sec. 73.5005.

[[Page 165]]

    (2) Are part of a settlement agreement on-file with the Commission 
that would result in the grant of the NTSC application; or
    (3) Are cut-off singletons;
    (I) Applications for new NTSC television stations that were in 
groups of mutually exclusive applications on file prior to July 1, 1997, 
regardless of whether they are the only applications that remain pending 
from their group;
    (J) Rulemaking petitions to amend the NTSC table of allotments filed 
by applicants defined in (h)(2)(ii)(I) of this section for which a 
Notice of Proposed Rule Making has been released and the comment 
deadline specified therein has passed prior to the filing of the DTV 
application.
    (iii) That do not provide the requisite interference protection set 
forth in paragraph (c) or (d) of this section, as applicable, to the 
following applications and petitions will be deemed mutually exclusive 
with those applications and petitions:
    (A) Other DTV applications filed the same day;
    (B) Rulemaking petitions to amend the DTV table of allotments for 
which a Notice of Proposed Rule Making had been released and the comment 
deadline specified therein had not passed prior to the filing date of 
the DTV application; and
    (C) Earlier-filed rulemaking petitions to amend the DTV table of 
allotments for which a Notice of Proposed Rule Making had not been 
released.
    (3) DTV applicants, DTV applicants and NTSC applicants, or DTV 
applicants and DTV rulemaking petitioners that are mutually exclusive 
pursuant to this section will be notified by Public Notice and provided 
with a 90-day period of time to resolve their mutual exclusivity via 
engineering amendment or settlement. Those applications and petitions 
that remain mutually exclusive upon conclusion of the 90-day settlement 
period will be dismissed.

[62 FR 26719, May 14, 1997, as amended at 63 FR 13560, Mar. 20, 1998; 64 
FR 4327, Jan. 28, 1999; 65 FR 30002, May 10, 2000; 65 FR 58467, Sept. 
29, 2000; 66 FR 9984, Feb. 13, 2001; 66 FR 65134, Dec. 18, 2001; 69 FR 
31906, June 8, 2004; 73 FR 5683, Jan. 30, 2008; 85 FR 64408, Oct. 13, 
2020; 86 FR 66209, Nov. 22, 2021]



Sec. 73.624  Digital television broadcast stations.

    (a) Digital television (``DTV'') broadcast stations are assigned 
channels 6 MHz wide. Initial eligibility for licenses for DTV broadcast 
stations is limited to persons that, as of April 3, 1997, are licensed 
to operate a full power television broadcast station or hold a permit to 
construct such a station (or both).
    (b) DTV broadcast station permittees or licensees must transmit at 
least one over-the-air video program signal at no direct charge to 
viewers on the DTV channel. Until such time as a DTV station permittee 
or licensee ceases analog transmissions and returns that spectrum to the 
Commission, and except as provided in paragraph (b)(1) of this section, 
at any time that a DTV broadcast station permittee or licensee transmits 
a video program signal on its analog television channel, it must also 
transmit at least one over-the-air video program signal on the DTV 
channel. The DTV service that is provided pursuant to this paragraph (b) 
must have a resolution of at least 480i (vertical resolution of 480 
lines, interlaced).
    (1) DTV broadcast station permittees and licensees required to 
construct and operate a DTV station by May 1, 2002, or May 1, 2003, 
pursuant to paragraph (d) of this section must, at a minimum, beginning 
on the date on which the DTV station is required to be constructed, 
provide a digital video program signal, of the quality described in 
paragraph (b) of this section, during prime time hours as defined in 
Sec. 79.3(a)(6) of this chapter. These licensees and permittees must 
also comply with the minimum operating hours requirements in paragraph 
(f) of this section.
    (2) DTV licensees or permittees that choose to commence digital 
operation before the construction deadline set forth in paragraph (d) of 
this section are not subject to any minimum schedule for operation on 
the DTV channel.
    (3) DTV licensees or permittees that choose to broadcast an ATSC 3.0 
signal (using the Next Gen TV transmission standard in Sec. 73.682(f)) 
shall transmit at least one free over the air video programming stream 
on that signal that requires at most the signal threshold of

[[Page 166]]

a comparable received DTV signal. DTV licensees or permittees that 
choose to broadcast an ATSC 3.0 signal (using the Next Gen TV 
transmission standard in Sec. 73.682(f)) shall also simulcast the 
primary video programming stream on its ATSC 3.0 signal by broadcasting 
an ATSC 1.0 signal (using the DTV transmission standard in Sec. 
73.682(d)) from another broadcast television facility within its local 
market in accordance with the local simulcasting requirement in 
Sec. Sec. 73.3801, 73.6029 and 74.782 of this chapter.
    (c) Provided that DTV broadcast stations comply with paragraph (b) 
of this section, DTV broadcast stations are permitted to offer services 
of any nature, consistent with the public interest, convenience, and 
necessity, on an ancillary or supplementary basis. The kinds of services 
that may be provided include, but are not limited to computer software 
distribution, data transmissions, teletext, interactive materials, aural 
messages, paging services, audio signals, subscription video, and any 
other services that do not derogate DTV broadcast stations' obligations 
under paragraph (b) of this section. Such services may be provided on a 
broadcast, point-to-point or point-to-multipoint basis, provided, 
however, that any video broadcast signal provided at no direct charge to 
viewers shall not be considered ancillary or supplementary.
    (1) DTV licensees that provide ancillary or supplementary services 
that are analogous to other services subject to regulation by the 
Commission must comply with the Commission regulations that apply to 
those services, provided, however, that no ancillary or supplementary 
service shall have any rights to carriage under Sec. Sec. 614 or 615 of 
the Communications Act of 1934, as amended, or be deemed a multichannel 
video programming distributor for purposes of section 628 of the 
Communications Act of 1934, as amended.
    (2) In all arrangements entered into with outside parties affecting 
service operation, the DTV licensee or permittee must retain control 
over all material transmitted in a broadcast mode via the station's 
facilities, with the right to reject any material in the sole judgement 
of the permitte or licensee. The license or permittee is also 
responsible for all aspects of technical operation involving such 
telecommunications services.
    (3) In any application for renewal of a broadcast license for a 
television station that provides ancillary or supplementary services, a 
licensee shall establish that all of its program services on the analog 
and the DTV spectrum are in the public interest. Any violation of the 
Commission's rules applicable to ancillary or supplementary services 
will reflect on the licensee's qualifications for renewal of its 
license.
    (d) Digital television broadcast facilities that comply with the FCC 
DTV Standard (section 73.682(d)), shall be constructed in the following 
markets by the following dates:
    (1)(i) May 1, 1999: all network-affiliated television stations in 
the top ten television markets;
    (ii) November 1, 1999: all network-affiliated television stations 
not included in category (1)(i) and in the top 30 television markets;
    (iii) May 1, 2002: all remaining commercial television stations;
    (iv) May 1, 2003: all noncommercial television stations.
    (v) May 18, 2008 in all markets for completion of construction of 
post-transition (DTV) facilities for all commercial and noncommercial 
television stations that will use the same channel used for pre-
transition operation for post-transition operation and that, as of 
December 31, 2007, have a construction permit for facilities that 
conform to the facilities defined by the new DTV Table of Allotments and 
accompanying Appendix B, established by the Seventh Report and Order in 
MB Docket No. 87-268 and codified at 47 CFR 73.622(i).
    (vi) August 18, 2008 in all markets for completion of construction 
of post-transition (DTV) facilities for all commercial and noncommercial 
television stations that will use the same channel used for pre-
transition operation for post-transition operation but which, as of 
December 31, 2007, do not have a construction permit for facilities that 
conform to the facilities defined by the new DTV Table of Allotments and 
accompanying Appendix B, established by the Seventh Report and Order in 
MB

[[Page 167]]

Docket No. 87-268 and codified at 47 CFR 73.622(i).
    (vii) June 12, 2009 in all markets for completion of construction of 
post-transition (DTV) facilities for all commercial and noncommercial 
television stations whose post-transition digital channel is different 
from their pre-transition digital channel and for those stations whose 
post-transition channel is the same as their pre-transition channel but 
that are subject to a unique technical challenge that has been 
specifically recognized as such by the Commission.
    (2) For the purposes of paragraph (d)(1):
    (i) The term, ``network,'' is defined to include the ABC, CBS, NBC, 
and Fox television networks;
    (ii) The term, ``television market,'' is defined as the Designated 
Market Area or DMA as defined by Nielsen Media Research as of April 3, 
1997; and
    (iii) The terms, ``network-affiliated'' or ``network-affiliate,'' 
are defined to include those television stations affiliated with at 
least one of the four networks designated in paragraph (d)(2)(i) as of 
April 3, 1997. In those DMAs in which a network has more than one 
network affiliate, paragraphs (d)(1) (i) and (ii) of this section shall 
apply to its network affiliate with the largest audience share for the 9 
a.m. to midnight time period as measured by Nielsen Media Research in 
its Nielsen Station Index, Viewers in Profile, as of February, 1997.
    (3) Authority delegated. (i) Authority is delegated to the Chief, 
Media Bureau to grant an extension of time of up to six months beyond 
the relevant construction deadline specified in paragraph (d)(1) of this 
section upon demonstration by the DTV licensee or permittee that failure 
to meet that construction deadline is due to circumstances that are 
either unforeseeable or beyond the licensee's control where the licensee 
has taken all reasonable steps to resolve the problem expeditiously.
    (ii) For construction deadlines occurring prior to June 13, 2009, 
the following circumstances may include, but shall not be limited to:
    (A) Inability to construct and place in operation a facility 
necessary for transmitting digital television, such as a tower, because 
of delays in obtaining zoning or FAA approvals, or similar constraints; 
or
    (B) Where the licensee or permittee is currently the subject of a 
bankruptcy or receivership proceeding, or is experiencing severe 
financial hardship as defined by negative cash flow for the past three 
years.
    (iii) For construction deadlines occurring after June 12, 2009, the 
tolling provisions of Sec. 73.3598 shall apply.
    (iv) The Bureau may grant no more than two extension requests upon 
delegated authority. Subsequent extension requests shall be referred to 
the Commission. The Bureau may deny extension requests upon delegated 
authority.
    (v) Applications for extension of time shall be filed no earlier 
than 90 and no later than 60 days prior to the relevant construction 
deadline, absent a showing of sufficient reasons for filing within less 
than 60 days of the relevant construction deadline.
    (e) The application for construction permit must be filed on Form 
301 (except for noncommercial stations, which must file on Form 340) on 
or before the date on which half of the construction period has elapsed. 
Thus, for example, for applicants in category (d)(1)(i), the application 
for construction period must be filed by May 1, 1998.
    (f)(1) Commencing on April 1, 2003, DTV television licensees and 
permittees required to construct and operate a DTV station by May 1, 
2002, or May 1, 2003, must transmit at least one over-the-air video 
program signal at no direct charge to viewers on their DTV channel at 
least 50 percent of the time they are transmitting a video program 
signal on their analog channel.
    (2) Commencing on April 1, 2004, DTV licensees and permittees 
described in paragraph (f)(1) of this section must transmit a video 
program signal as described in paragraph (f)(1) of this section on the 
DTV channel at least 75 percent of the time they are transmitting a 
video program signal on the analog channel.
    (3) Commencing on April 1, 2005, DTV licensees and permittees 
described in paragraph (f)(1) of this section must

[[Page 168]]

transmit a video program signal as described in paragraph (f)(1) of this 
section on the DTV channel at least 100 percent of the time they are 
transmitting a video program signal on the analog channel.
    (4) The minimum operating hours requirements imposed in paragraphs 
(f) (1) through (3) of this section will terminate when the analog 
channel terminates operation and a 6 MHz channel is returned by the DTV 
licensee or permittee to the Commission.
    (g) Commercial DTV licensees and permittees, and low power 
television, TV translator and Class A television stations DTV licensees 
and permittees, must annually remit a fee of 5 percent of the gross 
revenues derived from all ancillary and supplementary services, as 
defined by paragraph (b) of this section, which are feeable, as defined 
in paragraphs (g)(1)(i) and (ii) of this section. Noncommercial DTV 
licensees and permittees must annually remit a fee of 5 percent of the 
gross revenues derived from all ancillary and supplementary services, as 
defined by paragraph (b) of this section, which are feeable, as defined 
in paragraphs (g)(1)(i) and (ii) of this section, except that such 
licensees and permittees must annually remit a fee of 2.5 percent of the 
gross revenues from such ancillary or supplementary services which are 
nonprofit, noncommercial, and educational.
    (1)(i) All ancillary or supplementary services for which payment of 
a subscription fee or charge is required in order to receive the service 
are feeable. The fee required by this provision shall be imposed on any 
and all revenues from such services, including revenues derived from 
subscription fees and from any commercial advertisements transmitted on 
the service.
    (ii) Any ancillary or supplementary service for which no payment is 
required from consumers in order to receive the service is feeable if 
the DTV licensee directly or indirectly receives compensation from a 
third party in return for the transmission of material provided by that 
third party (other than commercial advertisements used to support 
broadcasting for which a subscription fee is not required). The fee 
required by this provision shall be imposed on any and all revenues from 
such services, other than revenues received from a third party in return 
for the transmission of commercial advertisements used to support 
broadcasting for which a subscription fee is not required.
    (2) Payment of fees. (i) Each December 1, all commercial and 
noncommercial DTV licensees and permittees that provided feeable 
ancillary or supplementary services as defined in this section at any 
point during the 12-month period ending on the preceding September 30 
will electronically report, for the applicable period:
    (A) A brief description of the feeable ancillary or supplementary 
services provided;
    (B) Gross revenues received from all feeable ancillary and 
supplementary services provided during the applicable period; and
    (C) The amount of bitstream used to provide feeable ancillary or 
supplementary services during the applicable period. Licensees and 
permittees will certify under penalty of perjury the accuracy of the 
information reported. Failure to file information required by this 
section may result in appropriate sanctions.
    (ii) A commercial or noncommercial DTV licensee or permittee that 
has provided feeable ancillary or supplementary services at any point 
during a 12-month period ending on September 30 must additionally file 
the FCC's standard remittance form (Form 159) on the subsequent December 
1. Licensees and permittees will certify the amount of gross revenues 
received from feeable ancillary or supplementary services for the 
applicable 12-month period and will remit the payment of the required 
fee.
    (iii) The Commission reserves the right to audit each licensee's or 
permittee's records which support the calculation of the amount 
specified on line 23A of Form 159. Each licensee or

[[Page 169]]

permittee, therefore, is required to retain such records for three years 
from the date of remittance of fees.

[62 FR 26989, May 16, 1997, as amended at 63 FR 15784, Apr. 1, 1998; 63 
FR 69216, Dec. 16, 1998; 64 FR 4327, Jan. 28, 1999; 66 FR 58982, Nov. 
26, 2001; 66 FR 65135, Dec. 18, 2001; 67 FR 13232, Mar. 21, 2002; 67 FR 
38423, June 4, 2002; 69 FR 59535, Oct. 4, 2004; 73 FR 5683, Jan. 30, 
2008; 74 FR 8878, Feb. 27, 2009; 76 FR 44827, July 27, 2011; 83 FR 5022, 
Feb. 2, 2018; 83 FR 19460, May 3, 2018; 86 FR 10856, Feb. 23, 2021]



Sec. 73.625  DTV coverage of principal community and antenna system.

    (a) Transmitter location.
    (1) The DTV transmitter location shall be chosen so that, on the 
basis of the effective radiated power and antenna height above average 
terrain employed, the following minimum F(50,90) field strength in dB 
above one uV/m will be provided over the entire principal community to 
be served:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Channels 2-6...............................  35 dBu.
Channels 7-13..............................  43 dBu.
Channels 14-36.............................  48 dBu.
------------------------------------------------------------------------

    (2) The location of the antenna must be so chosen that there is not 
a major obstruction in the path over the principal community to be 
served.
    (3) For the purposes of this section, coverage is to be determined 
in accordance with paragraph (b) of this section. Under actual 
conditions, the true coverage may vary from these estimates because the 
terrain over any specific path is expected to be different from the 
average terrain on which the field strength charts were based. Further, 
the actual extent of service will usually be less than indicated by 
these estimates due to interference from other stations. Because of 
these factors, the predicted field strength contours give no assurance 
of service to any specific percentage of receiver locations within the 
distances indicated.
    (b) Determining coverage. (1) In predicting the distance to the 
field strength contours, the F (50,50) field strength charts (Figures 9, 
10 and 10b of Sec. 73.699 of this part) and the F (50,10) field 
strength charts (Figures 9a, 10a and 10c of Sec. 73.699 of this part) 
shall be used. To use the charts to predict the distance to a given F 
(50,90) contour, the following procedure is used: Convert the effective 
radiated power in kilowatts for the appropriate azimuth into decibel 
value referenced to 1 kW (dBk). Subtract the power value in dBk from the 
contour value in dBu. Note that for power less than 1 kW, the difference 
value will be greater than the contour value because the power in dBk is 
negative. Locate the difference value obtained on the vertical scale at 
the left edge of the appropriate F (50,50) chart for the DTV station's 
channel. Follow the horizontal line for that value into the chart to the 
point of intersection with the vertical line above the height of the 
antenna above average terrain for the appropriate azimuth located on the 
scale at the bottom of the chart. If the point of intersection does not 
fall exactly on a distance curve, interpolate between the distance 
curves below and above the intersection point. The distance values for 
the curves are located along the right edge of the chart. Using the 
appropriate F (50,10) chart for the DTV station's channel, locate the 
point where the distance coincides with the vertical line above the 
height of the antenna above average terrain for the appropriate azimuth 
located on the scale at the bottom of the chart. Follow a horizontal 
line from that point to the left edge of the chart to determine the F 
(50,10) difference value. Add the power value in dBk to this difference 
value to determine the F (50,10) contour value in dBu. Subtract the F 
(50,50) contour value in dBu from this F (50,10) contour value in dBu. 
Subtract this difference from the F (50,50) contour value in dBu to 
determine the F (50,90) contour value in dBu at the pertinent distance 
along the pertinent radial.
    (2) The effective radiated power to be used is that radiated at the 
vertical angle corresponding to the depression angle between the 
transmitting antenna center of radiation and the radio horizon as 
determined individually for each azimuthal direction concerned. In cases 
where the relative field strength at this depression angle is 90% or 
more of the maximum field strength developed in the vertical plane 
containing the pertaining radial, the maximum radiation shall be used. 
The depression

[[Page 170]]

angle is based on the difference in elevation of the antenna center of 
radiation above the average terrain and the radio horizon, assuming a 
smooth spherical earth with a radius of 8,495.5 kilometers (5,280 miles) 
and shall be determined by the following equation:

A = 0.0277 square root of H

Where:

A is the depression angle in degrees.
H is the height in meters of the transmitting antenna radiation center 
          above average terrain of the 3.2-16.1 kilometers (2-10 miles) 
          sector of the pertinent radial.


This formula is empirically derived for the limited purpose specified 
here. Its use for any other purpose may be inappropriate.
    (3) Applicants for new DTV stations or changes in the facilities of 
existing DTV stations must submit to the FCC a showing as to the 
location of their stations' or proposed stations' contour. This showing 
is to include a map showing this contour, except where applicants have 
previously submitted material to the FCC containing such information and 
it is found upon careful examination that the contour locations 
indicated therein would not change, on any radial, when the locations 
are determined under this section. In the latter cases, a statement by a 
qualified engineer to this effect will satisfy this requirement and no 
contour maps need be submitted.
    (4) The antenna height to be used with these charts is the height of 
the radiation center of the antenna above the average terrain along the 
radial in question. In determining the average elevation of the terrain, 
the elevations between 3.2-16.1 kilometers (2-10 miles) from the antenna 
site are employed. Profile graphs shall be drawn for 8 radials beginning 
at the antenna site and extending 16.1 kilometers (10 miles) therefrom. 
The radials should be drawn for each 45 degrees of azimuth starting with 
True North. At least one radial must include the principal community to 
be served even though such community may be more than 16.1 kilometers 
(10 miles) from the antenna site. However, in the event none of the 
evenly spaced radials include the principal community to be served and 
one or more such radials are drawn in addition to the 8 evenly spaced 
radials, such additional radials shall not be employed in computing the 
antenna height above average terrain. Where the 3.2-16.1 kilometers (2-
10 mile) portion of a radial extends in whole or in part over large 
bodies of water (such as ocean areas, gulfs, sounds, bays, large lakes, 
etc., but not rivers) or extends over foreign territory but the contour 
encompasses land area within the United States beyond the 16.1 
kilometers (10 mile) portion of the radial, the entire 3.2-16.1 
kilometers (2-10 mile) portion of the radial shall be included in the 
computation of antenna height above average terrain. However, where the 
contour does not so encompass United States land area and (1) the entire 
3.2-16.1 kilometers (2-10 mile) portion of the radial extends over large 
bodies of water or foreign territory, such radial shall be completely 
omitted from the computation of antenna height above average terrain, 
and (2) where a part of the 3.2-16.1 kilometers (2-10 mile) portion of a 
radial extends over large bodies of water or over foreign territory, 
only that part of the radial extending from the 3.2 kilometer (2 mile) 
sector to the outermost portion of land area within the United States 
covered by the radial shall be employed in the computation of antenna 
height above average terrain. The profile graph for each radial should 
be plotted by contour intervals of from 12.2-30.5 meters (40-100 feet) 
and, where the data permits, at least 50 points of elevation (generally 
uniformly spaced) should be used for each radial. In instances of very 
rugged terrain where the use of contour intervals of 30.5 meters (100 
feet) would result in several points in a short distance, 61.0-122.0 
meter (200-400 foot) contour intervals may be used for such distances. 
On the other hand, where the terrain is uniform or gently sloping the 
smallest contour interval indicated on the topographic map (see 
paragraph (b)(5) of this section) should be used, although only 
relatively few points may be available. The profile graphs should 
indicate the topography accurately for each radial, and the graphs 
should be plotted with the distance in kilometers as the abscissa and 
the elevation in

[[Page 171]]

meters above mean sea level as the ordinate. The profile graphs should 
indicate the source of the topographical data employed. The graph should 
also show the elevation of the center of the radiating system. The graph 
may be plotted either on rectangular coordinate paper or on special 
paper which shows the curvature of the earth. It is not necessary to 
take the curvature of the earth into consideration in this procedure, as 
this factor is taken care of in the charts showing signal strengths. The 
average elevation of the 12.9 kilometer (8 miles) distance between 3.2-
16.1 kilometers (2-10 miles) from the antenna site should then be 
determined from the profile graph for each radial. This may be obtained 
by averaging a large number of equally spaced points, by using a 
planimeter, or by obtaining the median elevation (that exceeded for 50% 
of the distance) in sectors and averaging those values. In directions 
where the terrain is such that negative antenna heights or heights below 
30.5 meters (100 feet) for the 3.2 to 16.1 kilometers (2 to 10 mile) 
sector are obtained, an assumed height of 30.5 meters (100 feet) shall 
be used for the prediction of coverage. However, where the actual 
contour distances are critical factors, a supplemental showing of 
expected coverage must be included together with a description of the 
method employed in predicting such coverage. In special cases, the 
Commission may require additional information as to terrain and 
coverage.
    (5) In the preparation of the profile graph previously described, 
and in determining the location and height above sea level of the 
antenna site, the elevation or contour intervals shall be taken from the 
United States Geological Survey Topographic Quadrangle Maps, United 
States Army Corps of Engineers' maps or Tennessee Valley Authority maps, 
whichever is the latest, for all areas for which such maps are 
available. If such maps are not published for the area in question, the 
next best topographic information should be used. Topographic data may 
sometimes be obtained from State and Municipal agencies. Data from 
Sectional Aeronautical Charts (including bench marks) or railroad depot 
elevations and highway elevations from road maps may be used where no 
better information is available. In cases where limited topographic data 
is available, use may be made of an altimeter in a car driven along 
roads extending generally radially from the transmitter site. United 
States Geological Survey Topographic Quadrangle Maps may be obtained 
from the United States Geological Survey, Department of the Interior, 
Washington, D.C. 20240. Sectional Aeronautical Charts are available from 
the United States Coast and Geodetic Survey, Department of Commerce, 
Washington, D.C. 20235. In lieu of maps, the average terrain elevation 
may be computer generated, except in the cases of dispute, using 
elevations from a 30 second point or better topographic data file. The 
file must be identified and the data processed for intermediate points 
along each radial using linear interpolation techniques. The height 
above mean sea level of the antenna site must be obtained manually using 
appropriate topographic maps.
    (c) Antenna system. (1) The antenna system shall be designed so that 
the effective radiated power at any angle above the horizontal shall be 
as low as the state of the art permits, and in the same vertical plane 
may not exceed the effective radiated power in either the horizontal 
direction or below the horizontal, whichever is greater.
    (2) An antenna designed or altered to produce a noncircular 
radiation pattern in the horizontal plane is considered to be a 
directional antenna. Antennas purposely installed in such a manner as to 
result in the mechanical beam tilting of the major vertical radiation 
lobe are included in this category.
    (3) Applications proposing the use of directional antenna systems 
must be accompanied by the following:
    (i) Complete description of the proposed antenna system, including 
the manufacturer and model number of the proposed directional antenna.
    (ii) Relative field horizontal plane pattern (horizontal 
polarization only) of the proposed directional antenna. A value of 1.0 
should be used for the maximum radiation. The plot of the pattern should 
be oriented so that 0 degrees corresponds to true North. Where

[[Page 172]]

mechanical beam tilt is intended, the amount of tilt in degrees of the 
antenna vertical axis and the orientation of the downward tilt with 
respect to true North must be specified, and the horizontal plane 
pattern must reflect the use of mechanical beam tilt.
    (iii) A tabulation of the relative field pattern required in 
paragraph (c)(3)(ii) of this section. The tabulation should use the same 
zero degree reference as the plotted pattern, and be tabulated at least 
every 10 degrees. In addition, tabulated values of all maxima and 
minima, with their corresponding azimuths, should be submitted.
    (iv) Horizontal and vertical plane radiation patterns showing the 
effective radiated power, in dBk, for each direction. Sufficient 
vertical plane patterns must be included to indicate clearly the 
radiation characteristics of the antenna above and below the horizontal 
plane. In cases where the angles at which the maximum vertical radiation 
varies with azimuth, a separate vertical radiation pattern must be 
provided for each pertinent radial direction.
    (v) All horizontal plane patterns must be plotted to the largest 
scale possible on unglazed letter-size polar coordinate paper (main 
engraving approximately 18 cm x 25 cm (7 inches x 10 inches)) using only 
scale divisions and subdivisions of 1, 2, 2.5. or 5 times 10-nth. All 
vertical plane patterns must be plotted on unglazed letter-size 
rectangular coordinate paper. Values of field strength on any pattern 
less than 10 percent of the maximum field strength plotted on that 
pattern must be shown on an enlarged scale.
    (vi) The horizontal and vertical plane patterns that are required 
are the patterns for the complete directional antenna system. In the 
case of a composite antenna composed of two or more individual antennas, 
this means that the patterns for the composite antenna, not the patterns 
for each of the individual antennas, must be submitted.
    (4) Where simultaneous use of antennas or antenna structures is 
proposed, the following provisions shall apply:
    (i) In cases where it is proposed to use a tower of an AM broadcast 
station as a supporting structure for a DTV broadcast antenna, an 
appropriate application for changes in the radiating system of the AM 
broadcast station must be filed by the licensee thereof. A formal 
application (FCC Form 301, or FCC Form 340 for a noncommercial 
educational station) will be required if the proposal involves 
substantial change in the physical height or radiation characteristics 
of the AM broadcast antennas; otherwise an informal application will be 
acceptable. (In case of doubt, an informal application (letter) together 
with complete engineering data should be submitted.) An application may 
be required for other classes of stations when the tower is to be used 
in connection with a DTV station.
    (ii) When the proposed DTV antenna is to be mounted on a tower in 
the vicinity of an AM station directional antenna system and it appears 
that the operation of the directional antenna system may be affected, an 
engineering study must be filed with the DTV application concerning the 
effect of the DTV antenna on the AM directional radiation pattern. Field 
measurements of the AM stations may be required prior to and following 
construction of the DTV station antenna, and readjustments made as 
necessary.
    (5) Applications proposing the use of electrical beam tilt pursuant 
to section 73.622(f)(4) must be accompanied by the following:
    (i) Complete description of the proposed antenna system, including 
the manufacturer and model number. Vertical plane radiation patterns 
conforming with paragraphs (c)(3)(iv), (c)(3)(v) and (c)(3)(vi) of this 
section.
    (ii) For at least 36 evenly spaced radials, including 0 degrees 
corresponding to true North, a determination of the depression angle 
between the transmitting antenna center of radiation and the radio 
horizon using the formula in paragraph (b)(2) of this section.
    (iii) For each such radial direction, the ERP at the depression 
angle, taking into account the effect of the electrical beam tilt, 
mechanical beam tilt, if used, and directional antenna pattern if a 
directional antenna is specified.

[[Page 173]]

    (iv) The maximum ERP toward the radio horizon determined by this 
process must be clearly indicated. In addition, a tabulation of the 
relative fields representing the effective radiation pattern toward the 
radio horizon in the 36 radial directions must be submitted. A value of 
1.0 should be used for the maximum radiation.

[62 FR 26990, May 16, 1997, as amended at 63 FR 13562, Mar. 20, 1998; 66 
FR 9985, Feb. 13, 2001; 66 FR 65135, Dec. 18, 2001; 83 FR 5544, Feb. 8, 
2018; 86 FR 66209, Nov. 22, 2021]



Sec. 73.626  DTV distributed transmission systems.

    (a) A DTV station may be authorized to operate multiple synchronized 
transmitters on its assigned channel to provide service consistent with 
the requirements of this section. Such operation is called a distributed 
transmission system (DTS). Except as expressly provided in this section, 
DTV stations operating a DTS facility must comply with all rules 
applicable to DTV single-transmitter stations.
    (b) For purposes of compliance with this section, a station's 
``authorized service area'' is defined as the area within its predicted 
noise-limited service contour determined using the facilities authorized 
for the station in a license or construction permit for non-DTS, single-
transmitter-location operation.
    (c) Table of Distances. The following Table of Distances describes 
(by channel and zone) a station's maximum service area that can be 
obtained in applying for a DTS authorization and the maximum 
interference area that can be created by its facilities.

[[Page 174]]



                                                                Table 1 to Paragraph (c)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Distance from reference point     Reference                            Node
                                                       Service  field --------------------------------   interference    Distance from     interfering
             Channel                     Zone         strength  (dBu)                                   field strength  reference point   field strength
                                                                       F(50,90)  (km)  F(50,50)  (km)       (dBu)        F(50,10)  (km)  F(50,10)  (dBu)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2-6.............................  1.................               28             108             132               28              183             18.8
2-6.............................  2 and 3...........               28             128             158               28              209             18.8
7-13............................  1.................               36             101             121               33              182             23.8
7-13............................  2 and 3...........               36             123             149               33              208             23.8
14-36...........................  1, 2, and 3.......               41             103             142               36              246             26.8
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 175]]

    (1) DTV station zones are defined in Sec. 73.609.
    (2) DTS reference point. A station's DTS reference point is 
established in the FCC Order that created or made final modifications to 
the Post-Transition DTV Table of Allotments, Sec. 73.622(i), and the 
corresponding facilities for the station's channel assignment as set 
forth in that FCC Order.
    (d) Determining DTS coverage. The coverage for each DTS transmitter 
is determined based on the F(50,90) field strength given in the Table of 
Distances (in paragraph (c) of this section), calculated in accordance 
with Sec. 73.625(b). The combined coverage of a DTS station is the 
logical union of the coverage of all DTS transmitters.
    (e) DTS protection from interference. A DTS station must be 
protected from interference in accordance with the criteria specified in 
Sec. 73.616. To determine compliance with the interference protection 
requirements of Sec. 73.616, the population served by a DTS station 
shall be the population within the station's combined coverage contour, 
excluding the population in areas that are outside both the DTV 
station's authorized service area and the Table of Distances area (in 
paragraph (c) of this section). Only population that is predicted to 
receive service by the method described in Sec. 73.622(e)(2) from at 
least one individual DTS transmitter will be considered.
    (f) Applications for DTS. An application proposing use of a DTS will 
not be accepted for filing unless it meets all of the following 
conditions:
    (1) The combined coverage from all of the DTS transmitters covers 
all of the applicant's authorized service area;
    (2) Each DTS transmitter's coverage is contained within either the 
DTV station's Table of Distances area (pursuant to paragraph (c) of this 
section) or its authorized service area, except where such extension of 
coverage beyond the station's authorized service area meets the 
following criteria:
    (i) In no event shall the F(50,50) service contour of any DTS 
transmitter extend beyond that of its reference facility; and
    (ii) In no event shall the F(50,10) node-interfering contour of any 
DTS transmitter, aside from one located at the reference point, extend 
beyond the F(50,10) reference-interfering contour of its reference 
facility; and
    (iii) In no event shall the F(50,10) reference-interfering contour 
of a facility at the reference point extend beyond the F(50,10) 
reference-interfering contour of its reference facility;
    (3) Each DTS transmitter's coverage is contiguous with at least one 
other DTS transmitter's coverage;
    (4) The coverage from one or more DTS transmitter(s) is shown to 
provide principal community coverage as required in Sec. 73.625(a);
    (5) The ``combined field strength'' of all the DTS transmitters in a 
network does not cause interference to another station in excess of the 
criteria specified in Sec. 73.616, where the combined field strength 
level is determined by a ``root-sum-square'' calculation, in which the 
combined field strength level at a given location is equal to the square 
root of the sum of the squared field strengths from each transmitter in 
the DTS network at that location.
    (6) Each DTS transmitter must be located within either the DTV 
station's Table of Distances area or its authorized service area.
    (g) All transmitters operating under a single DTS license must 
follow the same digital broadcast television transmission standard.

[73 FR 74063, Dec. 5, 2008, as amended at 83 FR 5022, Feb. 2, 2018; 86 
FR 21226, Apr. 22, 2021]



Sec. 73.641  Subscription TV definitions.

    (a) Subscription television. A system whereby subscription 
television programs are transmitted and received.
    (b) Subscription television program. A television boadcast program 
intended to be received in intelligible form for a fee or charge.

[52 FR 6154, Mar. 2, 1987]



Sec. 73.642  Subscription TV service.

    (a) Subscription TV service may be provided by:
    (1) Licensees and permittees of commercial and noncommercial TV 
stations, and
    (2) Licensees and permittees of low power TV stations.

[[Page 176]]

    (b) A licensee or permittee of a commercial or noncommercial TV 
station or a low power TV station may begin subscription TV service upon 
installation of encoding equipment having advance FCC approval. However, 
the licensee or permittee of a TV broadcast station (not applicable to 
low power TV stations) must send a letter to the FCC in Washington, DC, 
that subscription TV service will commence at least 30 days prior to 
commencement of such service. In that letter, to be entitled ``Notice of 
Commencement of STV Operations,'' the licensee or permittee is to state 
that it will comply with the provisions of paragraphs (e)(1) through 
(e)(3) and Sec. 73.644(c) of this chapter and identify the make and 
type of encoding system to be used. A similar notice must be submitted 
if the licensee or permittee commences using another type of encoding 
system. (See section 644(h).) A notice must also be submitted to the FCC 
in Washington, DC, if encoded subscription TV service is to be 
discontinued, at least 30 days prior to such discontinuance.
    (c) The station proof of system compliance measurement data (see 
Sec. 73.644(c)) need not be submitted to the FCC, however, the 
measurement data must be available to the FCC upon request.
    (d) The use of the visual vertical blanking interval or an aural 
subcarrier for transmitting subscriber decoder control code signals 
during periods of normal non-encoded programming may be used only upon 
specific FCC authorization. Letter requests to use either the video 
blanking intervals or aural subcarriers during periods of non-
subscription programming are to be sent to the FCC in Washington, D.C.
    (e) A licensee or permittee of a commercial or noncommercial TV 
broadcast or low power TV station may not transmit a subscription 
service if it has a contract, arrangement, or understanding expressed or 
implied, that:
    (1) Prevents or hinders it from rejecting or refusing any 
subscription TV broadcast program that it reasonably believes to be 
unsatisfactory or unsuitable or contrary to the public interests; or 
substituting a subscription or conventional program that, in its 
opinion, is of greater local or national importance; or
    (2) Delegates to any other person the right to schedule the hours of 
transmission of subscription programs. However, this rule does not 
prevent a licensee or permittee from entering into an agreement or 
arrangement whereby it agrees to schedule a specific subscription TV 
broadcast program at a specific time or to schedule a specific number of 
hours of subscription programs during the broadcast day (or segments 
thereof) or weeks; or
    (3) Deprives it of the right of ultimate decision concerning the 
maximum amount of any subscription program charge or fee.
    (4) Has provisions that do not comply with the following policies of 
the FCC:
    (i) Unless a satifactory signal is unavailable at the location where 
service is desired, subscription TV service must be provided to all 
persons desiring it within the Grade A contour of the station 
broadcasting subscription programs. Geographic or other reasonable 
patterns of installation for new subscription services is permitted and, 
for good cause, service may be terminated.
    (ii) Charges, terms and conditions of service to subscribers must be 
applied uniformly. However, subscribers may be divided into reasonable 
classifications approved by the FCC, and the impositions of different 
sets of terms and conditions may be applied to subscribers in different 
classifications. Further, for good cause, within such classification, 
deposits may be required from some subscribers and not of others; and, 
also for good cause, if a subscription system generally uses a credit-
type decoder, cash operated decoders may be installed for some 
subscribers.

[48 FR 56392, Dec. 21, 1983, as amended at 52 FR 6154, Mar. 2, 1987; 66 
FR 58982, Nov. 26, 2001]



Sec. 73.643  Subscription TV operating requirements.

    The non-technical rules and policies applicable to regular TV 
broadcast stations are applicable to subscription TV operations, except 
where specifically exempted in the provisions of those rules and 
policies.

[48 FR 56392, Dec. 21, 1983]

[[Page 177]]



Sec. 73.644  Subscription TV transmission systems.

    (a) Licensees and permittees of commercial and noncommercial TV 
broadcast and low power TV stations may conduct subscription operations 
only by using an encoding system that has been approved in advance by 
the FCC. Such advance approval may be applied for and granted in 
accordance with the procedures given in subpart M part 2 of the Rules.
    (b) The criteria for advance approval of subscription TV 
transmitting systems by the FCC are as follows:
    (1) Spectral energy in the transmitted signal must not exceed the 
limitations given in Sec. 73.687(e).
    (2) No increase in width of the television broadcast channel (6 
MHz.) is permitted.
    (3) The technical system must enable stations to transmit encoded 
subscription TV programs without increasing the RMS output power from 
either the video or audio transmitters over that required to transmit 
the same program material using normal transmission standards.
    (4) Modification of a type accepted TV broadcast or low power TV 
transmitter for encoded transmissions must not render transmitter 
incapable of operating in accordance with the operating specifications 
upon which type acceptance was granted. (See Sec. 2.1001 (b), (k))
    (5) Interference to reception of conventional television either of 
co-channel or adjacent channel stations must not increase over that 
resulting from the transmission of programming with normal transmission 
standards.
    (6) Subscriber decoder devices must meet the provisions, where 
required, of subpart H of part 15 of the FCC Rules for TV Interface 
Devices.
    (c) Prior to commencing the transmission of encoded subscription 
programming, the licensee or permittee of a TV broadcast or low power TV 
station must perform such tests and measurements to determine that the 
transmitted encoded signal conforms to the radiated radio frequency and 
demodulated baseband and waveforms, transmitter operating power 
determination, and the occupied bandwidth limitations specified in the 
application for advance FCC approval of the system being used. A copy of 
the measurement data is to be maintained in the station files and made 
available to the FCC upon request.
    (d) The licensee of a station transmitting an encoded subscription 
service must have at the transmitter control point the technical 
specifications for the system being used of both the aural and visual 
baseband signals and the transmitted radiofrequency signals, and have 
the necessary measuring and monitoring equipment, including transmitter 
output power measuring equi`pment, to determine that the transmissions 
conform to the advance approval specifications on file with the FCC. 
Full operating specifications for the system must be available to 
representatives of the FCC upon request.
    (e) The operating power of the transmitters during encoded 
operations must be determined and maintained according to the procedures 
given in the application for advance approval.
    (f) A station using an encoding system in accordance with the 
specifications filed with the application for advance approval is deemed 
to be exempted from those technical regulations of this subpart and 
subpart H to the extent they are specifically detailed in the 
application.
    (g) No protection from interference of any kind will be afforded to 
reception of encoded subscription programming over that afforded 
reception of non-encoded signals.
    (h) A licensee or permittee may make no modifications on a 
subscription encoding system that would alter the characteristics of the 
transmitted aural or visual signal from those specified in the 
application for advance approval. A licensee or permittee of a station 
replacing its encoding system must perform the measurements required by 
paragraph (c) of this section. A TV broadcast station licensee or 
permittee must also send a letter advising the FCC of the new system 
being used as required by Sec. 73.642(b) of this chapter.
    (i) The station licensee is fully responsible for all technical 
operations of the station during transmissions of encoded subscription 
programming, regardless of the supplier of the encoding

[[Page 178]]

equipment or subscription program service.

    Note: Stations transmitting encoded subscription programming prior 
to October 1, 1983, must comply with all technical and operating 
requirements of this Section no later than April 1, 1984. Stations not 
having the information to comply with this Section must obtain such 
information from the manufacturer of the encoding system being used, and 
if necessary, by measurements of the station's transmission system.

    (j) Upon request by an authorized representative of the FCC, the 
licensee of a TV station transmitting encoded programming must make 
available a receiving decoder to the Commission to carry out its 
regulatory responsibilities.

[48 FR 56392, Dec. 21, 1983, as amended at 57 FR 48333, Oct. 23, 1992; 
66 FR 58982, Nov. 26, 2001]



Sec. 73.646  Telecommunications Service on the Vertical Blanking Interval and in the Visual Signal.

    (a) Telecommunications services permitted on the vertical blanking 
interval (VBI) and in the visual signal include the transmission of 
data, processed information, or any other communication in either a 
digital or analog mode.
    (b) Telecommunications service on the VBI and in the visual signal 
is of an ancillary nature and as such is an elective, subsidiary 
activity. No service guidelines, limitations, or performance standards 
are applied to it. The kinds of service that may be provided include, 
but are not limited to, teletext, paging, computer software and bulk 
data distribution, and aural messages. Such services may be provided on 
a broadcast, point-to-point, or point to multipoint basis.
    (c) Telecommunications services that are common carrier in nature 
are subject to common carrier regulation. Licensees operating such 
services are required to apply to the Commission for the appropriate 
authorization and to comply with all policies and rules applicable to 
the particular service.
    (d) Television licensees are authorized to lease their VBI and 
visual signal telecommunications facilities to outside parties. In all 
arrangements entered into with outside parties affecting 
telecommunications service operation, the licensee or permittee must 
retain control over all material transmitted in a broadcast mode via the 
station's facilities, with the right to reject any material that it 
deems inappropriate or undesirable. The licensee or permittee is also 
responsible for all aspects of technical operation involving such 
telecommunications services.
    (e) The grant or renewal of a TV station license or permit will not 
be furthered or promoted by proposed or past VBI or visual signal 
telecommunications service operation; the licensee must establish that 
its broadcast operation serves the public interest wholly apart from 
such telecommunications service activities. (Violation of rules 
applicable to VBI and visual signal telecommunications services could, 
of course, reflect on a licensee's qualifications to hold its license or 
permit.)
    (f) TV broadcast stations are authorized to transmit VBI and visual 
telecommunications service signals during any time period, including 
portions of the day when normal programming is not broadcast. Such 
transmissions must be in accordance with the technical provisions of 
Sec. 73.682.

[50 FR 4663, Feb. 1, 1985, as amended at 50 FR 9035, Mar. 6, 1985; 61 FR 
36304, July 10, 1996]



Sec. 73.653  Operation of TV aural and visual transmitters.

    The aural and visual transmitters may be operated independently of 
each other or, if operated simultaneously, may be used with different 
and unrelated program material.

[54 FR 9806, Mar. 8, 1989]



Sec. 73.658  Affiliation agreements and network program practices; territorial exclusivity in non-network program arrangements.

    (a) Exclusive affiliation of station. No license shall be granted to 
a television broadcast station having any contract, arrangement, or 
understanding, express or implied, with a network organization under 
which the station is prevented or hindered from, or penalized for, 
broadcasting the programs of any other network organization. (The term 
``network organization'' as used in this section includes national and 
regional

[[Page 179]]

network organizations. See ch. VII, J, of Report on Chain Broadcasting.)
    (b) Territorial exclusively. No license shall be granted to a 
television broadcast station having any contract, arrangement, or 
understanding, express or implied, with a network organization which 
prevents or hinders another broadcast station located in the same 
community from broadcasting the network's programs not taken by the 
former station, or which prevents or hinders another broadcast station 
located in a different community from broadcasting any program of the 
network organization. This section shall not be construed to prohibit 
any contract, arrangement, or understanding between a station and a 
network organization pursuant to which the station is granted the first 
call in its community upon the programs of the network organization. As 
employed in this paragraph, the term ``community'' is defined as the 
community specified in the instrument of authorization as the location 
of the station.
    (c) [Reserved]
    (d) Station commitment of broadcast time. No license shall be 
granted to a television broadcast station having any contract, 
arrangement, or understanding, express or implied, with any network 
organization, which provides for optioning of the station's time to the 
network organization, or which has the same restraining effect as time 
optioning. As used in this section, time optioning is any contract, 
arrangement, or understanding, express or implied, between a station and 
a network organization which prevents or hinders the station from 
scheduling programs before the network agrees to utilize the time during 
which such programs are scheduled, or which requires the station to 
clear time already scheduled when the network organization seeks to 
utilize the time.
    (e) Right to reject programs. No license shall be granted to a 
television broadcast station having any contract, arrangement, or 
understanding, express or implied, with a network organization which, 
with respect to programs offered or already contracted for pursuant to 
an affiliation contract, prevents or hinders the station from:
    (1) Rejecting or refusing network programs which the station 
reasonably believes to be unsatisfactory or unsuitable or contrary to 
the public interest, or
    (2) Substituting a program which, in the station's opinion, is of 
greater local or national importance.
    (f) [Reserved]
    (g) Dual network operation. A television broadcast station may 
affiliate with a person or entity that maintains two or more networks of 
television broadcast stations unless such dual or multiple networks are 
composed of two or more persons or entities that, on February 8, 1996, 
were ``networks'' as defined in Sec. 73.3613(a)(1) of the Commission's 
regulations (that is, ABC, CBS, Fox, and NBC).
    (h) Control by networks of station rates. No license shall be 
granted to a television broadcast station having any contract, 
arrangement, or understanding, express or implied, with a network 
organization under which the station is prevented or hindered from, or 
penalized for, fixing or altering its rates for the sale of broadcast 
time for other than the network's programs.
    (i) No license shall be granted to a television broadcast station 
which is represented for the sale of non-network time by a network 
organization or by an organization directly or indirectly controlled by 
or under common control with a network organization, if the station has 
any contract, arrangement or understanding, express or implied, which 
provides for the affiliation of the station with such network 
organization: Provided, however, That this rule shall not be applicable 
to stations licensed to a network organization or to a subsidiary of a 
network organization.
    (j)-(l) [Reserved]
    (m) Territorial exclusivity in non-network arrangements. (1) No 
television station shall enter into any contract, arrangement, or 
understanding, expressed or implied; with a non-network program 
producer, distributor, or supplier, or other person; which prevents or 
hinders another television station located in a community over 56.3 
kilometers (35 miles) away, as determined by the reference points 
contained in Sec. 76.53 of this chapter, (if reference points for a 
community are not listed

[[Page 180]]

in Sec. 76.53, the location of the main post office will be used) from 
broadcasting any program purchased by the former station from such non-
network program producer, distributor, supplier, or other person, except 
that a television station may secure exclusivity against a television 
station licensed to another designated community in a hyphenated market 
specified in the market listing as contained in Sec. 76.51 of this 
chapter for those 100 markets listed, and for markets not listed in 
Sec. 76.51 of this chapter, the listing as contained in the Nielsen 
Media Research DMA Rankings for the most recent year at the time that 
the exclusivity contract, arrangement or understanding is complete under 
practices of the industry. As used in this paragraph, the term 
``community'' is defined as the community specified in the instrument of 
authorization as the location of the station.
    (2) Notwithstanding paragraph (m)(1) of this section, a television 
station may enter into a contract, arrangement, or understanding with a 
producer, supplier, or distributor of a non-network program if that 
contract, arrangement, or understanding provides that the broadcast 
station has exclusive national rights such that no other television 
station in the United States may broadcast the program.

    Note 1: Contracts, arrangements, or understandings that are complete 
under the practices of the industry prior to August 7, 1973, will not be 
disturbed. Extensions or renewals of such agreements are not permitted 
because they would in effect be new agreements without competitive 
bidding. However, such agreements that were based on the broadcaster's 
advancing ``seed money'' for the production of a specific program or 
series that specify two time periods--a tryout period and period 
thereafter for general exhibition--may be extended or renewed as 
contemplated in the basic agreement.
    Note 2: It is intended that the top 100 major television markets 
listed in Sec. 76.51 of this chapter shall be used for the purposes of 
this rule and that the listing of the top 100 television markets 
appearing in the ARB Television Market Analysis shall not be used. The 
reference in this rule to the listing of markets in the ARB Television 
Market Analysis refers to hyphenated markets below the top-100 markets 
contained in the ARB Television Market Analysis. If a community is 
listed in a hyphenated market in Sec. 76.51 and is also listed in one 
of the markets in the ARB listing, the listing in Sec. 76.51 shall 
govern.
    Note 3: The provisions of this paragraph apply only to U.S. 
commercial television broadcast stations in the 50 states, and not to 
stations in Puerto Rico or the Virgin Islands, foreign stations or 
noncommercial educational television or ``public'' television stations 
(either by way of restrictions on their exclusivity or on exclusivity 
against them).
    Note 4: New stations authorized in any community of a hyphenated 
market listed in Sec. 76.51 of this chapter or in any community of a 
hyphenated market listed in the ARB Television Market Analysis (for 
markets below the top-100 markets) are subject to the same rules as 
previously existing stations therein. New stations authorized in other 
communities are considered stations in separate markets unless and until 
Sec. 76.51 is amended by Commission action, or the ARB listing is 
changed.

(Sec. 5, 48 Stat. 1068 (47 U.S.C. 155))

[28 FR 13660, Dec. 14, 1963]

    Editorial Note: For Federal Register citations affecting Sec. 
73.658, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. Sec. 73.659-73.663  [Reserved]



Sec. 73.664  Determining operating power.

    (a) The operating power of each TV visual transmitter shall normally 
be determined by the direct method.
    (b) Direct method, visual transmitter. The direct method of power 
determination for a TV visual transmitter uses the indications of a 
calibrated transmission line meter (responsive to peak power) located at 
the RF output terminals of the transmitter. The indications of the 
calibrated meter are used to observe and maintain the authorized 
operating power of the visual transmitter. This meter must be calibrated 
whenever any component in the metering circuit is repaired or replaced 
and as often as necessary to ensure operation in accordance with the 
provisions of Sec. 73.1560 of this part. The following calibration 
procedures are to be used:
    (1) The transmission line meter is calibrated by measuring the 
average power at the output terminals of the transmitter, including any 
vestigial sideband and harmonic filters which may be used in normal 
operation. For this determination the average power

[[Page 181]]

output is measured while operating into a dummy load of substantially 
zero reactance and a resistance equal to the transmission line 
characteristic impedance. During this measurement the transmitter is to 
be modulated only by a standard synchronizing signal with blanking level 
set at 75% of peak amplitude as observed in an output waveform monitor, 
and with this blanketing level amplitude maintained throughout the time 
interval between synchronizing pulses.
    (2) If electrical devices are used to determine the output power, 
such devices must permit determination of this power to within an 
accuracy of 5% of the power indicated by the full 
scale reading of the electrical indicating instrument of the device. If 
temperature and coolant flow indicating devices are used to determine 
the power output, such devices must permit determination of this power 
to within an accuracy of 4% of measured average 
power output. The peak power output is the power so measured in the 
dummy load multiplied by the factor 1.68. During this measurement the 
input voltage and current to the final radio frequency amplifier stage 
and the transmission line meter are to be read and compared with similar 
readings taken with the dummy load replaced by the antenna. These 
readings must be in substantial agreement.
    (3) The meter must be calibrated with the transmitter operating at 
80%, 100%, and 110% of the authorized power as often as may be necessary 
to maintain its accuracy and ensure correct transmitter operating power. 
In cases where the transmitter is incapable of operating at 110% of the 
authorized power output, the calibration may be made at a power output 
between 100% and 110% of the authorized power output. However, where 
this is done, the output meter must be marked at the point of 
calibration of maximum power output, and the station will be deemed to 
be in violation of this rule if that power is exceeded. The upper and 
lower limits of permissible power deviation as determined by the 
prescribed calibration, must be shown upon the meter either by means of 
adjustable red markers incorporated in the meter or by red marks placed 
upon the meter scale or glass face. These markings must be checked and 
changed, if necessary, each time the meter is calibrated.
    (c) Indirect method, visual transmitter. The operating power is 
determined by the indirect method by applying an appropriate factor to 
the input power to the final radio-frequency amplifier stage of the 
transmitter using the following formula:

Transmitter output power = Ep x Ip x F

Where:

Ep = DC input voltage of the final radio-frequency amplifier stage.
Ip = DC input current of the final radio-frequency amplifier stage.
F = Efficiency factor.

    (1) If the above formula is not appropriate for the design of the 
transmitter final amplifier, use a formula specified by the transmitter 
manufacturer with other appropriate operating parameters.
    (2) The value of the efficiency factor, F established for the 
authorized transmitter output power is to be used for maintaining the 
operating power, even though there may be some variation in F over the 
power operating range of the transmitter.
    (3) The value of F is to be determined and a record kept thereof by 
one of the following procedures listed in order of preference:
    (i) Using the most recent measurement data for calibration of the 
transmission line meter according to the procedures described in 
paragraph (b) of this section or the most recent measurements made by 
the licensee establishing the value of F. In the case of composite 
transmitters or those in which the final amplifier stages have been 
modified pursuant to FCC approval, the licensee must furnish the FCC and 
also retain with the station records the measurement data used as a 
basis for determining the value of F.
    (ii) Using measurement data shown on the transmitter manufacturer's 
test data supplied to the licensee, provided that measurements were made 
at the authorized carrier frequency and transmitter output power.
    (iii) Using the transmitter manufacturer's measurement data 
submitted to the FCC for type acceptance as shown

[[Page 182]]

in the instruction book supplied to the licensee.

    Note: Refer to Sec. 73.1560 for aural transmitter output power 
levels.

[44 FR 58732, Oct. 11, 1979, as amended at 48 FR 44805, Sept. 30, 1983; 
49 FR 4210, Feb. 3, 1984; 49 FR 22092, May 25, 1984; 49 FR 49851, Dec. 
24, 1984; 50 FR 26568, June 27, 1985; 54 FR 9806, Mar. 8, 1989. 
Redesignated at 58 FR 62555, Nov. 29, 1993]



Sec. 73.665  Use of TV aural baseband subcarriers.

    Licensees of TV broadcast stations may transmit, without further 
authorization from the FCC, subcarriers and signals within the composite 
baseband for the following purposes:
    (a) Stereophonic (biphonic, quadraphonic, etc.) sound programs under 
the provisions of Sec. Sec. 73.667 and 73.669.
    (b) Transmission of signals relating to the operation of TV 
stations, such as relaying broadcast materials to other stations, remote 
cueing and order messages, and control and telemetry signals for the 
transmitting system.
    (c) Transmission of pilot or control signals to enhance the 
station's program service such as (but not restricted to) activation of 
noise reduction decoders in receivers, for any other receiver control 
purpose, or for program alerting and program identification.
    (d) Subsidiary communications services.

[49 FR 18105, Apr. 27, 1984]



Sec. 73.667  TV subsidiary communications services.

    (a) Subsidiary communications services are those transmitted within 
the TV aural baseband signal, but do not include services which enhance 
the main program broadcast service or exclusively relate to station 
operations (see Sec. 73.665(a), (b), and (c)). Subsidiary 
communications include, but are not limited to, services such as 
functional music, specialized foreign language programs, radio reading 
services, utility load management, market and financial data and news, 
paging and calling, traffic control signal switching, and point-to-point 
or multipoint messages.
    (b) TV subsidiary communications services that are common carrier or 
private radio in nature are subject to common carrier or private radio 
regulation. Licensees operating such services are required to apply to 
the FCC for the appropriate authorization and to comply with all 
policies and rules applicable to the service. Responsibility for making 
the initial determinations of whether a particular activity requires 
separate authority rests with the TV station licensee or permittee. 
Initial determinations by licensees or permittees are subject to FCC 
examination and may be reviewed at the FCC's discretion.
    (c) Subsidiary communications services are of a secondary nature 
under the authority of the TV station authorization, and the authority 
to provide such communications services may not be retained or 
transferred in any manner separate from the station's authorization. The 
grant or renewal of a TV station permit or license is not furthered or 
promoted by proposed or past subsidiary communications services. The 
permittee or licensee must establish that the broadcast operation is in 
the public interest wholly apart from the subsidiary communications 
services provided.
    (d) The station identification, delayed recording, and sponsor 
identification announcement required by Sec. Sec. 73.1201, 73.1208, and 
73.1212 are not applicable to leased communications services transmitted 
via services that are not of a general broadcast nature.
    (e) The licensee or permittee must retain control over all material 
transmitted in a broadcast mode via the station's facilities, with the 
right to reject any material that it deems inappropriate or undesirable.

[49 FR 18105, Apr. 27, 1984, as amended at 49 FR 27147, July 2, 1984; 56 
FR 49707, Oct. 1, 1991]



Sec. 73.669  TV stereophonic aural and multiplex subcarrier operation.

    (a) A TV broadcast station may without specific authority from the 
FCC, transmit multichannel aural programs upon installation of 
multichannel sound equipment. Prior to commencement of multichannel 
broadcasting,

[[Page 183]]

the equipment shall be measured in accordance with Sec. 73.1690(e).
    (b) Multiplex subcarriers may be used by a TV station pursuant to 
the provisions of Sec. 73.665 and may be transmitted on a secondary, 
non-interference basis to broadcast programming without specific 
authority from the FCC. Transmissions must be conducted in accordance 
with the technical standards given in Sec. 73.682(c).
    (c) In all arrangements entered into with outside parties affecting 
non-common carrier subcarrier operation, the licensee or permittee must 
retain control over all material transmitted over the station's 
facilities, with the right to reject any material which is deemed 
inappropriate or undesirable. Subchannel leasing arrangements must be 
kept in writing at the station and made available to the FCC upon 
request.

[49 FR 18106, Apr. 27, 1984]



Sec. 73.670  Commercial limits in children's programs.

    (a) No commercial television broadcast station licensee shall air 
more than 10.5 minutes of commercial matter per hour during children's 
programming on weekends, or more than 12 minutes of commercial matter 
per hour on weekdays.
    (b) The display of Internet Web site addresses during program 
material or promotional material not counted as commercial time is 
permitted only if the Web site:
    (1) Offers a substantial amount of bona fide program-related or 
other noncommercial content;
    (2) Is not primarily intended for commercial purposes, including 
either e-commerce or advertising;
    (3) The Web site's home page and other menu pages are clearly 
labeled to distinguish the noncommercial from the commercial sections; 
and
    (4) The page of the Web site to which viewers are directed by the 
Web site address is not used for e-commerce, advertising, or other 
commercial purposes (e.g., contains no links labeled ``store'' and no 
links to another page with commercial material).
    (c) If an Internet address for a Web site that does not meet the 
test in paragraph (b) of this section is displayed during a promotion in 
a children's program, in addition to counting against the commercial 
time limits in paragraph (a) of this section the promotion must be 
clearly separated from program material.
    (d)(1) Entities subject to commercial time limits under the 
Children's Television Act shall not display a Web site address during or 
adjacent to a program if, at that time, on pages that are primarily 
devoted to free noncommercial content regarding that specific program or 
a character appearing in that program:
    (i) Products are sold that feature a character appearing in that 
program; or
    (ii) A character appearing in that program is used to actively sell 
products.
    (2) The requirements of this paragraph do not apply to:
    (i) Third-party sites linked from the companies' Web pages;
    (ii) On-air third-party advertisements with Web site references to 
third-party Web sites; or
    (iii) Pages that are primarily devoted to multiple characters from 
multiple programs.

    Note 1: Commercial matter means air time sold for purposes of 
selling a product or service and promotions of television programs or 
video programming services other than children's or other age-
appropriate programming appearing on the same channel or promotions for 
children's educational and informational programming on any channel.
    Note 2: For purposes of this section, children's programming refers 
to programs originally produced and broadcast primarily for an audience 
of children 12 years old and younger.

[70 FR 36, Jan. 3, 2005, as amended at 71 FR 64164, Nov. 1, 2006]



Sec. 73.671  Educational and informational programming for children.

    (a) Each commercial and noncommercial educational television 
broadcast station licensee has an obligation to serve, over the term of 
its license, the educational and informational needs of children through 
both the licensee's overall programming and programming specifically 
designed to serve such needs.
    (b) Any special nonbroadcast efforts which enhance the value of 
children's

[[Page 184]]

educational and informational television programming, and any special 
effort to produce or support educational and informational television 
programming by another station in the licensee's marketplace, may also 
contribute to meeting the licensee's obligation to serve, over the term 
of its license, the educational and informational needs of children.
    (c) For purposes of this section, educational and informational 
television programming is any television programming that furthers the 
educational and informational needs of children 16 years of age and 
under in any respect, including the child's intellectual/cognitive or 
social/emotional needs. Programming specifically designed to serve the 
educational and informational needs of children (``Core Programming'') 
is educational and informational programming that satisfies the 
following additional criteria:
    (1) It has serving the educational and informational needs of 
children ages 16 and under as a significant purpose;
    (2) It is aired between the hours of 6:00 a.m. and 10:00 p.m.;
    (3) It is a regularly scheduled weekly program, except that a 
licensee may air a limited amount of programming that is not regularly 
scheduled on a weekly basis, including educational specials and 
regularly scheduled non-weekly programming, and have that programming 
count as Core Programming, as described in paragraph (d) of this 
section;
    (4) It is at least 30 minutes in length, except that a licensee may 
air a limited amount of short-form programming, including public service 
announcements and interstitials, and have that programming count as Core 
Programming, as described in paragraph (d) of this section;
    (5) For commercial broadcast stations only, the program is 
identified as specifically designed to educate and inform children by 
the display on the television screen throughout the program of the 
symbol E/I;
    (6) The target child audience is specified in writing in the 
licensee's Children's Television Programming Report, as described in 
Sec. 73.3526(e)(11)(iii); and
    (7) Instructions for listing the program as educational/
informational are provided by the licensee to publishers of program 
guides, as described in Sec. 73.673.
    (d) The Commission will apply the processing guideline in this 
paragraph (d) to digital stations in assessing whether a television 
broadcast licensee has complied with the Children's Television Act of 
1990 (``CTA'') on its digital channel(s). A digital television licensee 
will be deemed to have satisfied its obligation to air such programming 
and shall have the CTA portion of its license renewal application 
approved by the Commission staff if it has aired: At least three hours 
per week of Core Programming (as defined in paragraph (c) of this 
section and as averaged over a six-month period), or a total of 156 
hours of Core Programming annually, including at least 26 hours per 
quarter of regularly scheduled weekly programming and up to 52 hours 
annually of Core Programming of at least 30 minutes in length that is 
not regularly scheduled weekly programming, such as educational specials 
and regularly scheduled non-weekly programming. A licensee will also 
been deemed to have satisfied the obligation in this paragraph (d) and 
be eligible for such staff approval if it has aired a total of 156 hours 
of Core Programming annually, including at least 26 hours per quarter of 
regularly scheduled weekly programming and up to 52 hours of Core 
Programming that is not regularly scheduled on a weekly basis, such as 
educational specials and regularly scheduled non-weekly programming, and 
short-form programs of less than 30 minutes in length, including public 
service announcements and interstitials. Licensees that multicast are 
permitted to air up to 13 hours per quarter of regularly scheduled 
weekly programming on a multicast stream. The remainder of a station's 
Core Programming must be aired on the station's primary stream. 
Licensees that do not meet the processing guidelines in this paragraph 
(d) will be referred to the Commission, where they will have full 
opportunity to demonstrate compliance with the CTA by relying in part on 
sponsorship of Core educational/informational programs on other stations 
in the market that increases the

[[Page 185]]

amount of Core educational and informational programming on the station 
airing the sponsored program and/or on special non-broadcast efforts 
which enhance the value of children's educational and informational 
television programming.
    (e) A station that preempts an episode of a regularly scheduled 
weekly Core Program will be permitted to count the episode toward the 
processing guidelines set forth in paragraph (d) of this section as 
follows:
    (1) A station that preempts an episode of a regularly scheduled 
weekly Core Program on its primary stream will be permitted to air the 
rescheduled episode on its primary stream at any time during Core 
Programming hours within seven days before or seven days after the date 
the episode was originally scheduled to air. The broadcast station must 
make an on-air notification of the schedule change during the same time 
slot as the preempted episode. If a station intends to air the 
rescheduled episode within the seven days before the date the episode 
was originally scheduled to air, the station must make the on-air 
notification during the same timeslot as the preceding week's episode of 
that program. If the station intends to air the rescheduled episode 
within the seven days after the date the preempted episode was 
originally scheduled to air, the station must make the on-air 
notification during the timeslot when the preempted episode was 
originally scheduled to air. The on-air notification must include the 
alternate date and time when the program will air.
    (2) A station that preempts an episode of a regularly scheduled 
weekly Core Program on a multicast stream will be permitted to air the 
rescheduled episode on that same multicast stream at any time during 
Core Programming hours within seven days before or seven days after the 
date the episode was originally scheduled to air. The broadcast station 
must make an on-air notification of the schedule change during the same 
time slot as the preempted episode. If a station intends to air the 
rescheduled episode within the seven days before the date the episode 
was originally scheduled to air, the station must make the on-air 
notification during the same timeslot as the preceding week's episode of 
that program. If the station intends to air the rescheduled episode 
within the seven days after the date the preempted episode was 
originally scheduled to air, the station must make the on-air 
notification during the timeslot when the preempted episode was 
originally scheduled to air. The on-air notification must include the 
alternate date and time when the program will air.
    (3) A station that preempts an episode of a regularly scheduled 
weekly Core Program to air non-regularly scheduled live programming 
produced locally by the station will not be required to reschedule the 
episode.

    Note 1 to Sec. 73.671: For purposes of determining under this 
section whether programming has a significant purpose of serving the 
educational and informational needs of children, the Commission will 
ordinarily rely on the good faith judgments of the licensee. Commission 
review of compliance with that element of the definition will be done 
only as a last resort.

[56 FR 19616, Apr. 29, 1991. Redesignated at 56 FR 28825, June 25, 1991, 
as amended at 61 FR 43997, Aug. 27, 1996; 70 FR 37, Jan. 3, 2005; 71 FR 
64165, Nov. 1, 2006; 83 FR 5544, Feb. 8, 2018; 84 FR 41934, 41935, Aug. 
16, 2019]



Sec. 73.672  [Reserved]



Sec. 73.673  Public information initiatives regarding educational and informational programming for children.

    Each commercial television broadcast station licensee shall provide 
information identifying programming specifically designed to educate and 
inform children to publishers of program guides.

[70 FR 9877, Mar. 1, 2005, as amended at 84 FR 41935, Aug. 16, 2019]



Sec. 73.681  Definitions.

    Amplitude modulation (AM). A system of modulation in which the 
envelope of the transmitted wave contains a component similar to the 
wave form of the signal to be transmitted.
    Antenna electrical beam tilt. The shaping of the radiation pattern 
in the vertical plane of a transmitting antenna by electrical means so 
that maximum radiation occurs at an angle below the horizontal plane.

[[Page 186]]

    Antenna height above average terrain. The average of the antenna 
heights above the terrain from approximately 3.2 (2 miles) to 16.1 
kilometers (10 miles) from the antenna for the eight directions spaced 
evenly for each 45 degrees of azimuth starting with True North. (In 
general, a different antenna height will be determined in each direction 
from the antenna. The average of these various heights is considered the 
antenna height above the average terrain. In some cases less than 8 
directions may be used. See Sec. 73.684(d)). Where circular or 
elliptical polarization is employed, the antenna height above average 
terrain shall be based upon the height of the radiation center of the 
antenna which transmits the horizontal component of radiation.
    Antenna mechanical beam tilt. The intentional installation of a 
transmitting antenna so that its axis is not vertical, in order to 
change the normal angle of maximum radiation in the vertical plane.
    Antenna power gain. The square of the ratio of the root-mean-square 
free space field strength produced at 1 kilometer in the horizontal 
plane, in millivolts per meter for one kW antenna input power to 221.4 
mV/m. This ratio should be expressed in decibels (dB). (If specified for 
a particular direction, antenna power gain is based on the field 
strength in that direction only.)
    Aspect ratio. The ratio of picture width to picture height as 
transmitted.
    Aural center frequency. (1) The average frequency of the emitted 
wave when modulated by a sinusoidal signal; (2) the frequency of the 
emitted wave without modulation.
    Aural transmitter. The radio equipment for the transmission of the 
aural signal only.
    Auxiliary facility. An auxiliary facility is an antenna separate a 
from the main facility's antenna, permanently installed on the same 
tower or at a different location, from which a station may broadcast for 
short periods without prior Commission authorization or notice to the 
Commission while the main facility is not in operation (e.g., where 
tower work necessitates turning off the main antenna or where lightning 
has caused damage to the main antenna or transmission system) (See Sec. 
73.1675).
    BTSC. Broadcast Television systems committee recommendation for 
multichannel television sound transmission and audio processing as 
defined in FCC Bulletin OET 60.
    Baseband. Aural transmitter input signals between 0 and 120 kHz.
    Blanking level. The level of the signal during the blanking 
interval, except the interval during the scanning synchronizing pulse 
and the chrominance subcarrier synchronizing burst.
    Chrominance. The colorimetric difference between any color and a 
reference color of equal luminance, the reference color having a 
specific chromaticity.
    Chrominance subcarrier. The carrier which is modulated by the 
chrominance information.
    Color transmission. The transmission of color television signals 
which can be reproduced with different values of hue, saturation, and 
luminance.
    Effective radiated power. The product of the antenna input power and 
the antenna power gain. This product should be expressed in kW and in dB 
above 1 kW (dBk). (If specified for a particular direction, effective 
radiated power is based on the antenna power gain in that direction 
only. The licensed effective radiated power is based on the maximum 
antenna power gain. When a station is authorized to use a directional 
antenna or an antenna beam tilt, the direction of the maximum effective 
radiated power will be specified.) Where circular or elliptical 
polarization is employed, the term effective radiated power is applied 
separately to the horizontally and vertically polarized components of 
radiation. For assignment purposes, only the effective radiated power 
authorized for the horizontally polarized component will be considered.
    Equivalent isotropically radiated power (EIRP). The term 
``equivalent isotropically radiated power'' (also known as ``effective 
radiated power above isotropic'') means the product of the antenna input 
power and the antenna gain in a given direction relative to an isotropic 
antenna.

[[Page 187]]

    Field. Scanning through the picture area once in the chosen scanning 
pattern. In the line interlaced scanning pattern of two to one, the 
scanning of the alternate lines of the picture area once.
    Frame. Scanning all of the picture area once. In the line interlaced 
scanning pattern of two to one, a frame consists of two fields.
    Free space field strength. The field strength that would exist at a 
point in the absence of waves reflected from the earth or other 
reflecting objects.
    Frequency departure. The amount of variation of a carrier frequency 
or center frequency from its assigned value.
    Frequency deviation. The peak difference between the instantaneous 
frequency of the modulated wave and the carrier frequency.
    Frequency modulation (FM). A system of modulation where the 
instantaneous radio frequency varies in proportion to the instantaneous 
amplitude of the modulating signal (amplitude of modulating signal to be 
measured after pre-emphasis, if used) and the instantaneous radio 
frequency is independent of the frequency of the modulating signal.
    Frequency swing. The peak difference between the maximum and the 
minimum values of the instantaneous frequency of the carrier wave during 
modulation.
    Interlaced scanning. A scanning process in which successively 
scanned lines are spaced an integral number of line widths, and in which 
the adjacent lines are scanned during successive cycles of the field 
frequency.
    IRE standard scale. A linear scale for measuring, in IRE units, the 
relative amplitudes of the components of a television signal from a zero 
reference at blanking level, with picture information falling in the 
positive, and synchronizing information in the negative domain.

    Note: When a carrier is amplitude modulated by a television signal 
in accordance with Sec. 73.682, the relationship of the IRE standard 
scale to the conventional measure of modulation is as follows:

------------------------------------------------------------------------
                                                      IRE
                                                   standard   Modulation
                      Level                          scale    percentage
                                                    (units)
------------------------------------------------------------------------
Zero carrier....................................         120           0
Reference white.................................         100        12.5
Blanking........................................           0          75
Synchronizing peaks (maximum carrier level).....         -40         100
------------------------------------------------------------------------

    Luminance. Luminous flux emitted, reflected, or transmitted per unit 
solid angle per unit projected area of the source.
    Main channel. The band of frequencies from 50 to 15,000 Hertz which 
frequency modulate the main aural carrier.
    Monochrome transmission. The transmission of television signals 
which can be reproduced in gradations of a single color only.
    Multichannel Television Sound (MTS). Any system of aural 
transmission that utilizes aural baseband operation between 15 kHz and 
120 kHz to convey information or that encodes digital information in the 
video portion of the television signal that is intended to be decoded as 
audio information.
    Multiplex Transmission (Aural). A subchannel added to the regular 
aural carrier of a television broadcast station by means of frequency 
modulated subcarriers.
    Negative transmission. Where a decrease in initial light intensity 
causes an increase in the transmitted power.
    Peak power. The power over a radio frequency cycle corresponding in 
amplitude to synchronizing peaks.
    Percentage modulation. As applied to frequency modulation, the ratio 
of the actual frequency deviation to the frequency deviation defined as 
100% modulation expressed in percentage. For the aural transmitter of TV 
broadcast stations, a frequency deviation of 25 
kHz is defined as 100% modulation.
    Pilot subcarrier. A subcarrier used in the reception of TV 
stereophonic aural or other subchannel broadcasts.
    Polarization. The direction of the electric field as radiated from 
the transmitting antenna.
    Program related data signal. A signal, consisting of a series of 
pulses representing data, which is transmitted simultaneously with and 
directly related to the accompanying television program.
    Reference black level. The level corresponding to the specified 
maximum

[[Page 188]]

excursion of the luminance signal in the black direction.
    Reference white level of the luminance signal. The level 
corresponding to the specified maximum excursion of the luminance signal 
in the white direction.
    Scanning. The process of analyzing successively, according to a 
predetermined method, the light values of picture elements constituting 
the total picture area.
    Scanning line. A single continuous narrow strip of the picture area 
containing highlights, shadows, and half-tones, determined by the 
process of scanning.
    Standard television signal. A signal which conforms to the 
television transmission standards.
    Synchronization. The maintenance of one operation in step with 
another.
    Television broadcast band. The frequencies in the band extending 
from 54 to 608 megahertz which are assignable to television broadcast 
stations. These frequencies are 54 to 72 megahertz (channels 2 through 
4), 76 to 88 megahertz (channels 5 and 6), 174 to 216 megahertz 
(channels 7 through 13), and 470 to 608 megahertz (channels 14 through 
36).
    Television broadcast station. A station in the television broadcast 
band transmitting simultaneous visual and aural signals intended to be 
received by the general public.
    Television channel. A band of frequencies 6 MHz wide in the 
television broadcast band and designated either by number or by the 
extreme lower and upper frequencies.
    Television transmission standards. The standards which determine the 
characteristics of a television signal as radiated by a television 
broadcast station.
    Television transmitter. The radio transmitter or transmitters for 
the transmission of both visual and aural signals.
    Vestigial sideband transmission. A system of transmission wherein 
one of the generated sidebands is partially attenuated at the 
transmitter and radiated only in part.
    Visual carrier frequency. The frequency of the carrier which is 
modulated by the picture information.
    Visual transmitter. The radio equipment for the transmission of the 
visual signal only.
    Visual transmitter power. The peak power output when transmitting a 
standard television signal.

[28 FR 13660, Dec. 14, 1963; 86 FR 66209, Nov. 22, 2021]

    Editorial Note: For Federal Register citations affecting Sec. 
73.681, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 73.682  TV transmission standards.

    (a) Transmission standards. (1) The width of the television 
broadcast channel shall be 6 MHz.
    (2) The visual carrier frequency shall be nominally 1.25 MHz above 
the lower boundary of the channel.
    (3) The aural center frequency shall be 4.5 MHz higher than the 
visual carrier frequency.
    (4) The visual transmission amplitude characteristic shall be in 
accordance with the chart designated as Figure 5 of Sec. 73.699: 
Provided, however, That for stations operating on Channel 15 through 69 
and employing a transmitter with maximum peak visual power output of 1 
kW or less the visual transmission amplitude characteristic may be in 
accordance with the chart designated as Figure 5a of Sec. 73.699.
    (5) The chrominance subcarrier frequency is 63/88 times precisely 5 
MHz (3.57954545 . . . MHz). The tolerance is 10 Hz 
and the rate of frequency drift must not exceed 0.1 Hz per second 
(cycles per second squared).
    (6) For monochrome and color transmissions the number of scanning 
lines per frame shall be 525, interlaced two to one in successive 
fields. The horizontal scanning frequency shall be 2/455 times the 
chrominance subcarrier frequency; this corresponds nominally to 15,750 
Hz with an actual value of 15,734.264 0.044 Hz). 
The vertical scanning frequency is 2/525 times the horizontal scanning 
frequency; this corresponds nominally to 60 Hz (the actual value is 
59.94 Hz). For monochrome transmissions only, the nominal values of line 
and field frequencies may be used.

[[Page 189]]

    (7) The aspect ratio of the transmitted television picture shall be 
4 units horizontally to 3 units vertically.
    (8) During active scanning intervals, the scene shall be scanned 
from left to right horizontally and from top to bottom vertically, at 
uniform velocities.
    (9) A carrier shall be modulated within a single television channel 
for both picture and synchronizing signals. The two signals comprise 
different modulation ranges in amplitude in accordance with the 
following:
    (i) Monochrome transmissions shall comply with synchronizing 
waveform specifications in Figure 7 of Sec. 73.699.
    (ii) Color transmissions shall comply with the synchronizing 
waveform specifications in Figure 6 of Sec. 73.699.
    (iii) All stations operating on Channels 2 through 14 and those 
stations operating on Channels 15 through 69 licensed for a peak visual 
transmitter output power greater than one kW shall comply with the 
picture transmission amplitude characteristics shown in Figure 5 of 
Sec. 73.699.
    (iv) Stations operating on Channels 15 through 69 licensed for a 
peak visual transmitter output power of one kW or less shall comply with 
the picture transmission amplitude characteristic shown in Figure 5 or 
5a of Sec. 73.699.
    (10) A decrease in initial light intensity shall cause an increase 
in radiated power (negative transmission).
    (11) The reference black level shall be represented by a definite 
carrier level, independent of light and shade in the picture.
    (12) The blanking level shall be transmitted at 752.5 percent of the peak carrier level.
    (13) The reference white level of the luminance signal shall be 
12.52.5 percent of the peak carrier level.
    (14) It shall be standard to employ horizontal polarization. 
However, circular or elliptical polarization may be employed if desired, 
in which case clockwise (right hand) rotation, as defined in the IEEE 
Standard Definition 42A65-3E2, and transmission of the horizontal and 
vertical components in time and space quadrature shall be used. For 
either omnidirectional or directional antennas the licensed effective 
radiated power of the vertically polarized component may not exceed the 
licensed effective radiated power of the horizontally polarized 
component. For directional antennas, the maximum effective radiated 
power of the vertically polarized component shall not exceed the maximum 
effective radiated power of the horizontally polarized component in any 
specified horizontal or vertical direction.
    (15) The effective radiated power of the aural transmitter must not 
exceed 22% of the peak radiated power of the visual transmitter.
    (16) The peak-to-peak variation of transmitter output within one 
frame of video signal due to all causes, including hum, noise, and low-
frequency response, measured at both scanning synchronizing peak and 
blanking level, shall not exceed 5 percent of the average scanning 
synchronizing peak signal amplitude. This provision is subject to change 
but is considered the best practice under the present state of the art. 
It will not be enforced pending a further determination thereof.
    (17) The reference black level shall be separated from the blanking 
level by the setup interval, which shall be 7.52.5 
percent of the video range from blanking level to the reference white 
level.
    (18) For monochrome transmission, the transmitter output shall vary 
in substantially inverse logarithmic relation to the brightness of the 
subject. No tolerances are set at this time. This provision is subject 
to change but is considered the best practice under the present state of 
the art. It will not be enforced pending a further determination 
thereof.
    (19) The color picture signal shall correspond to a luminance 
component transmitted as amplitude modulation of the picture carrier and 
a simultaneous pair of chrominance components transmitted as the 
amplitude modulation sidebands of a pair of suppressed subcarriers in 
quadrature.
    (20) Equation of complete color signal.
    (i) The color picture signal has the following composition:

EM=EY' + [EQ' sin ([omega]t + 33[deg]) + EI' cos ([omega]t + 33[deg])]

Where:

EQ' = 0.41(EB'-EY') + 0.48(ER'-EY').

[[Page 190]]

EI'=-0.27(EB'-EY') + 0.74(ER'-EY').
EY' = 0.30ER' + 0.59EG' + 0.-1EB'.


For color-difference frequencies below 500 kHz (see (iii) below), the 
signal can be represented by:

EM=EY' + [(1/1.14)[(1/1.78)(EB'-EY') sin [omega]t + (ER'-EY') cos 
[omega]t]]
    (ii) The symbols in paragraph (a)(20)(i) of this section have the 
following significance:

EM is the total video voltage, corresponding to the scanning of a 
          particular picture element, applied to the modulator of the 
          picture transmitter.
EY' is the gamma-corrected voltage of the monochrome (black-and-white) 
          portion of the color picture signal, corresponding to the 
          given picture element.

    Note: Forming of the high frequency portion of the monochrome signal 
in a different manner is permissible and may in fact be desirable in 
order to improve the sharpness on saturated colors.

    EQ' and EI' are the amplitudes of two orthogonal components of the 
chrominance signal corresponding respectively to narrow-band and wide-
band axes.
    ER', EG', and EB' are the gamma-corrected voltages corresponding to 
red, green, and blue signals during the scanning of the given picture 
element.
    [omega] is the angular frequency and is 2 times the frequency of the 
chrominance subcarrier.
    The portion of each expression between brackets in (i) represents 
the chrominance subcarrier signal which carries the chrominance 
information.
    The phase reference in the EM equation in (i) is the phase of the 
burst + 180[deg], as shown in Figure 8 of Sec. 73.699. The burst 
corresponds to amplitude modulation of a continuous sine wave.

    (iii) The equivalent bandwidth assigned prior to modulation to the 
color difference signals EQ' and EI' are as follows:

Q-channel bandwidth:
    At 400 kHz less than 2 dB down.
    At 500 kHz less than 6 dB down.
    At 600 kHz at least 6 dB down.
I-channel bandwidth:
    At 1.3 MHz less than 2 dB down.
    At 3.6 MHz at least 20 dB down.

    (iv) The gamma corrected voltages ER', EG', and EB' are suitable for 
a color picture tube having primary colors with the following 
chromaticities in the CIE system of specification:

 
                                                             x       y
 
Red (R).................................................    0.67    0.33
Green (G)...............................................    0.21    0.71
Blue (B)................................................    0.14    0.08
 


and having a transfer gradient (gamma exponent) of 2.2 associated with 
each primary color. The voltages ER', EG', and EB' may be respectively 
of the form ER \1\/[gamma], EG \1\/[gamma], and EB \1\/[gamma] although 
other forms may be used with advances in the state of the art.

    Note: At the present state of the art it is considered inadvisable 
to set a tolerance on the value of gamma and correspondingly this 
portion of the specification will not be enforced.

    (v) The radiated chrominance subcarrier shall vanish on the 
reference white of the scene.

    Note: The numerical values of the signal specification assume that 
this condition will be reproduced as CIE Illuminant C (x = 0.310, y = 
0.316).

    (vi) EY', EQ', EI', and the components of these signals shall match 
each other in time to 0.05 [micro]secs.
    (vii) The angles of the subcarrier measured with respect to the 
burst phase, when reproducing saturated primaries and their complements 
at 75 percent of full amplitude, shall be within 10[deg] and their amplitudes shall be within 20 percent of the values specified above. The ratios of 
the measured amplitudes of the subcarrier to the luminance signal for 
the same saturated primaries and their complements shall fall between 
the limits of 0.8 and 1.2 of the values specified for their ratios. 
Closer tolerances may prove to be practicable and desirable with advance 
in the art.
    (21) The interval beginning with line 17 and continuing through line 
20 of the vertical blanking interval of each field may be used for the 
transmission of test signals, cue and control signals, and 
identification signals, subject to the conditions and restrictions set 
forth below. Test signals may include signals designed to check the 
performance of the overall transmission system or its individual 
components. Cue and control signals shall be related to the operation of 
the TV broadcast station. Identification signals may be transmitted to 
identify the broadcast material or its source, and the date and

[[Page 191]]

time of its origination. Figures 6 and 7 of Sec. 73.699 identify the 
numbered lines referred to in this paragraph.
    (i) Modulation of the television transmitter by such signals shall 
be confined to the area between the reference white level and the 
blanking level, except where test signals include chrominance subcarrier 
frequencies, in which case positive excursions of chrominance components 
may exceed reference white, and negative excursions may extend into the 
synchronizing area. In no case may the modulation excursions produced by 
test signals extend beyond peak-of-sync, or to zero carrier level.
    (ii) The use of such signals shall not result in significant 
degradation of the program transmission of the television broadcast 
station, nor produce emission outside of the frequency band occupied for 
normal program transmissions.
    (iii) Such signals may not be transmitted during that portion of 
each line devoted to horizontal blanking.
    (iv) Regardless of other provisions of this paragraph, after June 
30, 1994, Line 19, in each field, may be used only for the transmission 
of the ghost-canceling reference signal described in OET Bulletin No. 
68, which is available from the FCC Warehouse, 9300 East Hampton Drive, 
Capitol Heights, MD 20743. Notwithstanding the modulation limits 
contained in paragraph (a)(23)(i) of this section, the vertical interval 
reference signal formerly permitted on Line 19 and described in Figure 
16 of Sec. 73.699, may be transmitted on any of lines 10 through 16 
without specific Commission authorization, subject to the conditions 
contained in paragraphs (a)(21)(ii) and (a)(22)(ii) of this section.
    (22)(i) Line 21, in each field, may be used for the transmission of 
a program-related data signal which, when decoded, provides a visual 
depiction of information simultaneously being presented on the aural 
channel (captions). Line 21, field 2 may be used for transmission of a 
program-related data signal which, when decoded, identifies a rating 
level associated with the current program. Such data signals shall 
conform to the format described in figure 17 of Sec. 73.699 of this 
chapter, and may be transmitted during all periods of regular operation. 
On a space available basis, line 21 field 2 may also be used for text-
mode data and extended data service information.

    Note: The signals on Fields 1 and 2 shall be distinct data streams, 
for example, to supply captions in different languages or at different 
reading levels.

    (ii) At times when Line 21 is not being used to transmit a program 
related data signal, data signals which are not program related may be 
transmitted, Provided: the same data format is used and the information 
to be displayed is of a broadcast nature.
    (iii) The use of Line 21 for transmission of other data signals 
conforming to other formats may be used subject to prior authorization 
by the Commission.
    (iv) The data signal shall cause no significant degradation to any 
portion of the visual signal nor produce emissions outside the 
authorized television channel.
    (v) Transmission of visual emergency messages pursuant to Sec. 
73.1250 shall take precedence and shall be cause for interrupting 
transmission of data signals permitted under this paragraph.
    (23) Specific scanning lines in the vertical blanking interval may 
be used for the purpose of transmitting telecommunications signals in 
accordance with Sec. 73.646, subject to certain conditions:
    (i) Telecommunications may be transmitted on Lines 10-18 and 20, all 
of Field 2 and Field 1. Modulation level shall not exceed 70 IRE on 
lines 10, 11, and 12; and, 80 IRE on lines 13-18 and 20.
    (ii) No observable degradation may be caused to any portion of the 
visual or aural signals.
    (iii) Telecommunications signals must not produce emissions outside 
the authorized television channel bandwidth. Digital data pulses must be 
shaped to limit spectral energy to the nominal video baseband.
    (iv) Transmission of emergency visual messages pursuant to Sec. 
73.1250 must take precedence over, and shall be cause for interrupting, 
a service such as teletext that provides a visual depiction of 
information simultaneously transmitted on the aural channel.

[[Page 192]]

    (v) A reference pulse for a decoder associated adaptive equalizer 
filter designed to improve the decoding of telecommunications signals 
may be inserted on any portion of the vertical blanking interval 
authorized for data service, in accordance with the signal levels set 
forth in paragraph (a)(23)(i) of this section.
    (vi) All lines authorized for telecommunications transmissions may 
be used for other purposes upon prior approval by the Commission.
    (24) Licensees and permittees of TV broadcast and low power TV 
stations may insert non-video data into the active video portion of 
their TV transmission, subject to certain conditions:
    (i) The active video portion of the visual signal begins with line 
22 and continues through the end of each field, except it does not 
include that portion of each line devoted to horizontal blanking. 
Figures 6 and 7 of Sec. 73.699 identify the numbered line referred to 
in this paragraph;
    (ii) Inserted non-video data may be used for the purpose of 
transmitting a telecommunications service in accordance with Sec. 
73.646. In addition to a telecommunications service, non-video data can 
be used to enhance the station's broadcast program service or for 
purposes related to station operations. Signals relating to the 
operation of TV stations include, but are not limited to program or 
source identification, relay of broadcast materials to other stations, 
remote cueing and order messages, and control and telemetry signals for 
the transmitting system; and
    (iii) A station may only use systems for inserting non-video 
information that have been approved in advance by the Commission. The 
criteria for advance approval of systems are as follows:
    (A) The use of such signals shall not result in significant 
degradation to any portion of the visual, aural, or program-related data 
signals of the television broadcast station;
    (B) No increase in width of the television broadcast channel (6 MHz) 
is permitted. Emissions outside the authorized television channel must 
not exceed the limitations given in Sec. 73.687(e). Interference to 
reception of television service either of co-channel or adjacent channel 
stations must not increase over that resulting from the transmission of 
programming without inserted data; and
    (C) Where required, system receiving or decoding devices must meet 
the TV interface device provisions of Part 15, Subpart H of this 
chapter.
    (iv) No protection from interference of any kind will be afforded to 
reception of inserted non-video data.
    (v) Upon request by an authorized representative of the Commission, 
the licensee of a TV station transmitting encoded programming must make 
available a receiving decoder to the Commission to carry out its 
regulatory responsibilities.
    (b) Subscription TV technical systems. The FCC may specify, as part 
of the advance approval of the technical system for transmitting encoded 
subscription programming, deviations from the power determination 
procedures, operating power levels, aural or video baseband signals, 
modulation levels or other characteristics of the transmitted signal as 
otherwise specified in this Subpart. Any decision to approve such 
operating deviations shall be solely at the discretion of the FCC.
    (c) TV multiplex subcarrier/stereophonic aural transmission 
standards.
    (1) The modulating signal for the main channel shall consist of the 
sum of the stereophonic (biphonic, quadraphonic, etc.) input signals.
    (2) The instantaneous frequency of the baseband stereophonic 
subcarrier must at all times be within the range 15 kHz to 120 kHz. 
Either amplitude or frequency modulation of the stereophonic subcarrier 
may be used.
    (3) One or more pilot subcarriers between 16 kHz and 120 kHz may be 
used to switch a TV receiver between the stereophonic and monophonic 
reception modes or to activate a stereophonic audio indicator light, and 
one or more subcarriers between 15 kHz and 120 kHz may be used for any 
other authorized purpose; except that stations employing the BTSC system 
of stereophonic sound transmission and audio processing may transmit a 
pilot subcarrier at 15,734 Hz, 2 Hz. Other methods 
of multiplex subcarrier or stereophonic aural transmission systems must 
limit energy at 15,734 Hz, 20 Hz,

[[Page 193]]

to no more than 0.125 kHz aural carrier deviation.
    (4) Aural baseband information above 120 kHz must be attenuated 40 
dB referenced to 25 kHz main channel deviation of the aural carrier.
    (5) For required transmitter performance, all of the requirements of 
Sec. 73.687(b) shall apply to the main channel, with the transmitter in 
the multiplex subcarrier or stereophonic aural mode.
    (6) For electrical performance standards of the transmitter, the 
requirements of Sec. 73.687(b) apply to the main channel.
    (7) Multiplex subcarrier or stereophonic aural transmission systems 
must be capable of producing and must not exceed 25 kHz main channel deviation of the aural carrier.
    (8) The arithmetic sum of non-multiphonic baseband signals between 
15 kHz and 120 kHz must not exceed 50 kHz 
deviation of the aural carrier.
    (9) Total modulation of the aural carrier must not exceed 75 kHz.
    (d) Digital broadcast television transmission standard. Effective 
October 11, 2011 transmission of digital broadcast television (DTV) 
signals shall comply with the standards for such transmissions set forth 
in ATSC A/52: ``ATSC Standard Digital Audio Compression (AC-3)'', ATSC 
A/53, Parts 1-4 and 6: 2007 ``ATSC Digital Television Standard,'' 
(January 3, 2007), and ATSC A/53 Part 5:2010 ``ATSC Digital Television 
Standard: Part 5--AC-3 Audio System Characteristic,'' (July 6, 2010), 
except for section 6.1.2 (``Compression Format Constraints'') of A/53 
Part 4: 2007 (``MPEG-2 Video Systems Characteristics'') and the phrase 
``see Table 6.2'' in section 6.1.1 Table 6.1 and section 6.1.3 Table 
6.3, and ATSC A/65C: ``ATSC Program and System Information Protocol for 
Terrestrial Broadcast and Cable, Revision C With Amendment No. 1 dated 
May 9, 2006,'' (January 2, 2006) (all standards incorporated by 
reference, see Sec. 73.8000). Although not incorporated by reference, 
licensees may also consult ATSC A/54A: ``Recommended Practice: Guide to 
Use of the ATSC Digital Television Standard, including Corrigendum No. 
1,'' (December 4, 2003, Corrigendum No. 1 dated December 20, 2006, and 
ATSC A/69: ``Recommended Practice PSIP Implementation Guidelines for 
Broadcasters,'' (June 25, 2002) (Secs. 4, 5, 303, 48 Stat., as amended, 
1066, 1068, 1082 (47 U.S.C. 154, 155, 303)). ATSC A/54A and ATSC A/69 
are available from Advanced Television Systems Committee (ATSC), 1750 K 
Street, NW., Suite 1200, Washington, DC 20006, or at the ATSC Web site: 
http://www.atsc.org/standards.html.
    (e) Transmission of commercial advertisements by television 
broadcast station. (1) Mandatory compliance with ATSC A/85 RP. Effective 
December 13, 2012, television broadcast stations must comply with the 
ATSC A/85 RP incorporated by reference, see Sec. 73.8000), insofar as 
it concerns the transmission of commercial advertisements.
    (2) Commercials inserted by station. A television broadcast station 
that installs, utilizes, and maintains in a commercially reasonable 
manner the equipment and associated software to comply with ATSC A/85 RP 
shall be deemed in compliance with respect to locally inserted 
commercials, which for the purposes of this provision are commercial 
advertisements added to a programming stream by a station prior to or at 
the time of transmission to viewers. In order to be considered to have 
installed, utilized and maintained the equipment and associated software 
in a commercially reasonable manner, a television broadcast station 
must:
    (i) Install, maintain and utilize equipment to properly measure the 
loudness of the content and to ensure that the dialnorm metadata value 
correctly matches the loudness of the content when encoding the audio 
into AC-3 for transmitting the content to the consumer;
    (ii) Provide records showing the consistent and ongoing use of this 
equipment in the regular course of business and demonstrating that the 
equipment has undergone commercially reasonable periodic maintenance and 
testing to ensure its continued proper operation;
    (iii) Certify that it either has no actual knowledge of a violation 
of the ATSC A/85 RP, or that any violation of which it has become aware 
has been corrected promptly upon becoming aware of such a violation; and

[[Page 194]]

    (iv) Certify that its own transmission equipment is not at fault for 
any pattern or trend of complaints.
    (3) Embedded commercials--safe harbor. With respect to embedded 
commercials, which, for the purposes of this provision, are those 
commercial advertisements placed into the programming stream by a third 
party (i.e., programmer) and passed through by the station to viewers, a 
television broadcast station must certify that its own transmission 
equipment is not at fault for any pattern or trend of complaints, and 
may demonstrate compliance with the ATSC A/85 RP through one of the 
following methods:
    (i) Relying on a network's or other programmer's certification of 
compliance with the ATSC A/85 RP with respect to commercial programming, 
provided that:
    (A) The certification is widely available by Web site or other means 
to any television broadcast station, cable operator, or multichannel 
video programming distributor that transmits that programming; and
    (B) The television broadcast station has no reason to believe that 
the certification is false; and
    (C) The television broadcast station performs a spot check, as 
defined in Sec. 73.682(e)(3)(iv)(A), (B), (D), and (E), on programming 
in response to an enforcement inquiry concerning a pattern or trend of 
complaints regarding commercials contained in that programming.
    (ii) If transmitting any programming that is not certified as 
described in Sec. 73.682(e)(3)(i), a television broadcast station that 
had more than $14,000,000 in annual receipts for the calendar year 2011 
must perform annual spot checks, as defined in Sec. 
73.682(e)(3)(iv)(A), (B), (C), and (E), of all the non-certified 
commercial programming it receives from a network or other programmer 
and perform a spot check, as defined in Sec. 73.682(e)(3)(iv)(A), (B), 
(D), and (E), on programming in response to an enforcement inquiry 
concerning a pattern or trend of complaints regarding commercials 
contained in that programming;
    (iii) A television broadcast station that had $14,000,000 or less in 
annual receipts for the year 2011 need not perform annual spot checks 
but must perform a spot check, as defined in Sec. 73.682(e)(3)(iv)(A), 
(B), (D), and (E), on programming in response to an enforcement inquiry 
concerning a pattern or trend of complaints regarding commercials 
contained in that programming.
    (iv) For purposes of this section, a ``spot check'' of embedded 
commercials requires monitoring 24 uninterrupted hours of programming 
with an audio loudness meter employing the measurement technique 
specified in the ATSC A/85 RP, and reviewing the records from that 
monitoring to detect any commercials transmitted in violation of the 
ATSC A/85 RP. The television broadcast station must not inform the 
network or programmer of the spot check prior to performing it.
    (A) Spot-checking must be conducted after the signal has passed 
through the television broadcast station's processing equipment (e.g., 
at the output of a television receiver). If a problem is found, the 
television broadcast station must determine the source of the 
noncompliance.
    (B) To be considered valid, the television broadcast station must 
demonstrate appropriate maintenance records for the audio loudness 
meter.
    (C) With reference to the annual ``safe harbor'' spot check in Sec. 
73.682(e)(3)(ii):
    (1) To be considered valid, the television broadcast station must 
demonstrate, at the time of any enforcement inquiry, that appropriate 
spot checks had been ongoing.
    (2) If there is no single 24 hour period in which all programmers of 
a given program stream are represented, an annual spot check may consist 
of a series of loudness measurements over the course of a 7 day period, 
totaling no fewer than 24 hours, that measure at least one program, in 
its entirety, provided by each non-certified programmer that supplies 
programming for that program stream.
    (3) If annual spot checks are performed for two consecutive years 
without finding evidence of noncompliance with the ATSC A/85 RP, no 
further annual spot checks are required to remain in the safe harbor for 
existing programming.

[[Page 195]]

    (4) Non-certified program streams must be spot-checked annually 
using the approach described in this section. If annual spot checks of 
the program stream are performed for two consecutive years without 
finding evidence of noncompliance with the ATSC A/85 RP, no further 
annual spot checks are required to remain in the safe harbor for that 
program stream.
    (5) Even after the two year period for annual spot checks, if a spot 
check shows noncompliance on a non-certified program stream, the station 
must once again perform annual spot checks of that program stream to be 
in the safe harbor for that programming. If these renewed annual spot 
checks are performed for two consecutive years without finding 
additional evidence of noncompliance with the ATSC A/85 RP, no further 
annual spot checks are required to remain in the safe harbor for that 
program stream.
    (D) With reference to the spot checks in response to an enforcement 
inquiry pursuant to Sec. 73.682(e)(3)(i)(C), (2), or (3):
    (1) If notified of a pattern or trend of complaints, the television 
broadcast station must perform the 24-hour spot check of the program 
stream at issue within 30 days or as otherwise specified by the 
Enforcement Bureau; and
    (2) If the spot check reveals actual compliance, the television 
broadcast station must notify the Commission in its response to the 
enforcement inquiry.
    (E) If any spot check shows noncompliance with the ATSC A/85 RP, the 
television station must notify the Commission and the network or 
programmer within 7 days, direct the programmer's attention to any 
relevant complaints, and must perform a follow-up spot check within 30 
days of providing such notice. The station must notify the Commission 
and the network or programmer of the results of the follow-up spot 
check. Notice to the Federal Communications Commission must be provided 
to the Chief, Investigations and Hearings Division, Enforcement Bureau, 
or as otherwise directed in a Letter of Inquiry to which the station is 
responding.
    (1) If the follow-up spot check shows compliance with the ATSC A/85 
RP, the station remains in the safe harbor for that program stream.
    (2) If the follow-up spot check shows noncompliance with the ATSC A/
85 RP, the station will not be in the safe harbor with respect to 
commercials contained in the program stream for which the spot check 
showed noncompliance until a subsequent spot check shows that the 
program stream is in compliance.
    (4) Use of a real-time processor. A television broadcast station 
that installs, maintains and utilizes a real-time processor in a 
commercially reasonable manner will be deemed in compliance with the 
ATSC A/85 RP with regard to any commercial advertisements on which it 
uses such a processor, so long as it also:
    (i) Provides records showing the consistent and ongoing use of this 
equipment in the regular course of business and demonstrating that the 
equipment has undergone commercially reasonable periodic maintenance and 
testing to ensure its continued proper operation;
    (ii) Certifies that it either has no actual knowledge of a violation 
of the ATSC A/85 RP, or that any violation of which it has become aware 
has been corrected promptly upon becoming aware of such a violation; and
    (iii) Certifies that its own transmission equipment is not at fault 
for any pattern or trend of complaints.
    (5) Commercials locally inserted by a station's agent--safe harbor. 
With respect to commercials locally inserted, which for the purposes of 
this provision are commercial advertisements added to a programming 
stream for the television broadcast station by a third party after it 
has been received from the programmer but prior to or at the time of 
transmission to viewers, a station may demonstrate compliance with the 
ATSC A/85 RP by relying on the third party local inserter's 
certification of compliance with the ATSC A/85 RP, provided that:
    (i) The television broadcast station has no reason to believe that 
the certification is false;
    (ii) The television broadcast station certifies that its own 
transmission equipment is not at fault for any pattern or trend of 
complaints; and

[[Page 196]]

    (iii) The television broadcast station performs a spot check, as 
defined in Sec. 73.682(e)(3)(iv)(A), (B), (D), and (E), on the 
programming at issue in response to an enforcement inquiry concerning a 
pattern or trend of complaints regarding commercials inserted by that 
third party.
    (6) Instead of demonstrating compliance pursuant to paragraphs 
(e)(2) through (5) of this section, a station may demonstrate compliance 
with paragraph (e)(1) of this section in response to an enforcement 
inquiry prompted by a pattern or trend of complaints by demonstrating 
actual compliance with ATSC A/85 RP with regard to the commercial 
advertisements that are the subject of the inquiry, and certifying that 
its own transmission equipment is not at fault for any such pattern or 
trend of complaints.
    (f) Next Gen TV broadcast television transmission standard 
authorized. (1) As an alternative to broadcasting only an ATSC 1.0 
signal using the DTV transmission standard set forth in paragraph (d) of 
this section, DTV licensees or permittees may choose to broadcast an 
ATSC 3.0 signal using the Next Gen TV transmission standard set forth in 
this paragraph (f), provided it also broadcasts a simulcast signal in 
ATSC 1.0 (using the DTV transmission standard in Sec. 73.682(d)).
    (2)(i) Effective March 5, 2018, transmission of Next Gen TV 
broadcast television (ATSC 3.0) signals shall comply with the standards 
for such transmissions set forth in ATSC A/321:2016, ``System Discovery 
and Signaling'' (March 23, 2016) (incorporated by reference, see Sec. 
73.8000). To the extent that virtual channels (specified in the DTV 
transmission standard referenced in ATSC A/65C:2006 in paragraph (d) of 
this section) are used in the transmission of Next Gen TV broadcasting, 
major channel numbers shall be assigned as required by ATSC A/65C:2006 
Annex B (incorporated by reference, see Sec. 73.8000).
    (ii) In addition, such signals shall also comply with the standards 
set forth in ATSC A/322:2017 ``Physical Layer Protocol'' (June 6, 2017) 
(incorporated by reference, see Sec. 73.8000) with respect to the 
transmission of at least one free over the air primary video programming 
stream.
    (iii) Paragraph (f)(2)(ii) of this section will sunset on July 17, 
2027.

    Note 1 to Sec. 73.682: For additional information regarding this 
requirement, see Implementation of the Commercial Advertisement Loudness 
Mitigation (CALM) Act, FCC 11-182.

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[28 FR 13660, Dec. 14, 1963]

    Editorial Note: For Federal Register citations affecting Sec. 
73.682, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 73.683  Field strength contours and presumptive determination of field strength at individual locations.

    (a) In the authorization of TV stations, two field strength contours 
are considered. These are specified as Grade A and Grade B and indicate 
the approximate extent of coverage over average terrain in the absence 
of interference from other television stations. Under actual conditions, 
the true coverage may vary greatly from these estimates because the 
terrain over any specific path is expected to be different from the 
average terrain on which the field strength charts were based. The 
required field strength, F (50,50), in dB above one micro-volt per meter 
(dBu) for the Grade A and Grade B contours are as follows:

------------------------------------------------------------------------
                                                    Grade A     Grade B
                                                     (dBu)       (dBu)
------------------------------------------------------------------------
Channels 2-6....................................          68          47
Channels 7-13...................................          71          56
Channels 14-69..................................          74          64
------------------------------------------------------------------------

    (b) It should be realized that the F (50,50) curves when used for 
Channels 14-69 are not based on measured data at distances beyond about 
48.3 kilometers (30 miles). Theory would indicate that the field 
strengths for Channels 14-69 should decrease more rapidly with distance 
beyond the horizon than for Channels 2-6, and modification of the curves 
for Channels 14-69 may be expected as a result of measurements to be 
made at a later date. For these reasons, the curves should be used with

[[Page 197]]

appreciation of their limitations in estimating levels of field 
strength. Further, the actual extent of service will usually be less 
than indicated by these estimates due to interference from other 
stations. Because of these factors, the predicted field strength 
contours give no assurance of service to any specific percentage of 
receiver locations within the distances indicated. In licensing 
proceedings these variations will not be considered.
    (c) The field strength contours will be considered for the following 
purposes only:
    (1) In the estimation of coverage resulting from the selection of a 
particular transmitter site by an applicant for a TV station.
    (2) In connection with problems of coverage arising out of 
application of Sec. 73.3555.
    (3) In determining compliance with Sec. 73.685(a) concerning the 
minimum field strength to be provided over the principal community to be 
served.
    (d) For purposes of determining the eligibility of individual 
households for satellite retransmission of distant network signals under 
the copyright law provisions of 17 U.S.C. 119(d)(10)(A), field strength 
shall be determined by the Individual Location Longley-Rice (ILLR) 
propagation prediction model. Such eligibility determinations shall 
consider only the signals of network stations located in the 
subscriber's Designated Market Area. Guidance for use of the ILLR model 
in predicting the field strength of analog television signals for such 
determinations is provided in OET Bulletin No. 72 (stations operating 
with analog signals include some Class A stations licensed under part 73 
of this chapter and some licensed low power TV and TV translator 
stations that operate under part 74 of this chapter). Guidance for use 
of the ILLR model in predicting the field strength of digital television 
signals for such determinations is provided in OET Bulletin No. 73 
(stations operating with digital signals include all full service 
stations and some Class A stations that operate under part 73 of this 
chapter and some low power TV and TV translator stations that operate 
under Part 74 of this chapter). OET Bulletin No. 72 and OET Bulletin No. 
73 are available through the Federal Communications Commission's 
Reference Information Center, or at the FCC's Office of Engineering and 
Technology (OET) website: https://www.fcc.gov/oet/info/documents/
bulletins/.
    (e) If a location was predicted to be unserved by a local network 
station using a version of the ILLR model specified in OET Bulletin No. 
72 or OET Bulletin No. 73, as appropriate, and the satellite subscriber 
at that location is receiving a distant signal affiliated with the same 
network from its satellite provider, the satellite subscriber shall 
remain eligible for receiving the distant signal from its satellite 
provider if that location is subsequently predicted to be served by the 
local station due to either a change in the ILLR model or a change in 
the station's operations that change its coverage.
    (f) A satellite carrier is exempt from the verification requirements 
of 47 U.S.C. 339(c)(4)(A) with respect to a test requested by a 
satellite subscriber to whom the retransmission of the signals of local 
broadcast stations is available under 47 U.S.C. 338 from such carrier. 
The definitions of satellite carrier, subscriber, and local market 
contained in 47 CFR 76.66(a) apply to this paragraph (f).

[44 FR 36039, June 20, 1979, as amended at 47 FR 35990, Aug. 18, 1982; 
50 FR 23699, June 5, 1985; 50 FR 32416, Aug. 12, 1985; 65 FR 36641, June 
9, 2000; 70 FR 21670, Apr. 27, 2005; 75 FR 80363, Dec. 22, 2010; 85 FR 
64408, Oct. 13, 2020; 88 FR 21446, Apr. 10, 2023]



Sec. 73.684  Prediction of coverage.

    (a) All predictions of coverage made pursuant to this section shall 
be made without regard to interference and shall be made only on the 
basis of estimated field strengths. The peak power of the visual signal 
is used in making predictions of coverage.
    (b) Predictions of coverage shall be made only for the same purposes 
as relate to the use of field strength contours as specified in Sec. 
73.683(c).
    (c) In predicting the distance to the field strength contours, the F 
(50,50) field strength charts (Figures 9 and 10 of Sec. 73.699) shall 
be used. If the 50% field strength is defined as that value exceeded for 
50% of the time, these F (50,50) charts give the estimated 50%

[[Page 198]]

field strengths exceeded at 50% of the locations in dB above 1 uV/m. The 
charts are based on an effective power of 1 kW radiated form a half-wave 
dipole in free space, which produces an unattenuated field strength at 
1.61 kilometers (1 mile) of about 103 dB above 1 uV/m. To use the charts 
to predict the distance to a given contour, the following procedure is 
used: Convert the effective radiated power in kilowatts for the 
appropriate azimuth into decibel value referenced to 1 kW (dBu). If 
necessary, convert the selected contour to the decibel value (dBu) above 
1 microvolt per meter (1 uV/m). Subtract the power value in dBk from the 
contour value in dBu. Note that for power less than 1 kW, the difference 
value will be greater than the contour value because the power in dBk is 
negative. Locate the difference value obtained on the vertical scale at 
the left edge of the chart. Follow the horizontal line for that value 
into the chart to the point of intersection with the vertical line above 
the height of the antenna above average terrain for the appropriate 
azimuth located on the scale at the bottom of the chart. If the point of 
intersection does not fall exactly on a distance curve, interpolate 
between the distance curves below and above the intersection point. The 
distance values for the curves are located along the right edge of the 
chart.
    (1) In predicting the distance to the Grade A and Grade B field 
strength contours, the effective radiated power to be used is that 
radiated at the vertical angle corresponding to the depression angle 
between the transmitting antenna center of radiation and the radio 
horizon as determined individually for each azimuthal direction 
concerned. The depression angle is based on the difference in elevation 
of the antenna center of radiation above the average terrain and the 
radio horizon, assuming a smooth sperical earth with a radius of 8,495.5 
kilometers (5,280 miles) and shall be determined by the following 
equation:

A = 0.0277[radic] H

Where:

A is the depression angle in degrees.
H is the height in meters of the transmitting antenna radiation center 
          above average terrain of the 3.2-16.1 kilometers (2-10 miles) 
          sector of the pertinent radial.


This formula is empirically derived for the limited purpose specified 
here. Its use for any other purpose may be inappropriate.
    (2) In case where the relative field strength at the depression 
angle determined by the above formula is 90% or more of the maximum 
field strength developed in the vertical plane containing the pertaining 
radial, the maximum radiation shall be used.
    (3) In predicting field strengths for other than the Grade A and 
Grade B contours, the effective radiated power to be used is to be based 
on the appropriate antenna vertical plane radiation pattern for the 
azimuthal direction concerned.
    (4) Applicants for new TV stations or changes in the facilities of 
existing TV stations must submit to the FCC a showing as to the location 
of their stations' or proposed stations' predicted Grade A and Grade B 
contours, determined in accordance with Sec. 73.684. This showing is to 
include maps showing these contours, except where applicants have 
previously submitted material to the FCC containing such information and 
it is found upon careful examination that the contour locations 
indicated therein would not change, on any radial, when the locations 
are determined under this Section. In the latter cases, a statement by a 
qualified engineer to this effect will satisfy this requirement and no 
contour maps need be submitted.
    (d) The antenna height to be used with these charts is the height of 
the radiation center of the antenna above the average terrain along the 
radial in question. In determining the average elevation of the terrain, 
the elevations between 3.2-16.1 kilometers (2-10 miles) from the antenna 
site are employed. Profile graphs shall be drawn for 8 radials beginning 
at the antenna site and extending 16.1 kilometers (10 miles) therefrom. 
The radials should be drawn for each 45 degrees of azimuth starting with 
the True North. At least one radial must include the principal community 
to be served even though such community may be more than 16.1 kilometers 
(10 miles) from the antenna site. However, in the event none of the

[[Page 199]]

evenly spaced radials include the principal community to be served and 
one or more such radials are drawn in addition to the 8 evenly spaced 
radials, such additional radials shall not be employed in computing the 
antenna height above average terrain. Where the 3.2-16.1 kilometers (2-
10 mile) portion of a radial extends in whole or in part over large 
bodies of water as specified in paragraph (e) of this section or extends 
over foreign territory but the Grade B strength contour encompasses land 
area within the United States beyond the 16.1 kilometers (10 mile) 
portion of the radial, the entire 3.2-16.1 kilometers (2-10 mile) 
portion of the radial shall be included in the computation of antenna 
height above average terrian. However, where the Grade B contour does 
not so encompass United States land area and (1) the entire 3.2-16.1 
kilometers (2-10 mile) portion of the radial extends over large bodies 
of water of foreign territory, such radial shall be completely omitted 
from the computation of antenna height above average terrain, and (2) 
where a part of the 3.2-16.1 kilometers (2-10 mile) portion of a radial 
extends over large bodies of water or over foreign territory, only that 
part of the radial extending from the 3.2 kilometer (2 mile) sector to 
the outermost portion of land area within the United States covered by 
the radial shall be employed in the computation of antenna height above 
average terrian. The profile graph for each radial should be plotted by 
contour intervals of from 12.2-30.5 meters (40-100 feet) and, where the 
data permits, at least 50 points of elevation (generally uniformly 
spaced) should be used for each radial. In instances of very rugged 
terrain where the use of contour intervals of 30.5 meters (100 feet) 
would result in several points in a short distance, 61.0-122.0 meter 
(200-400 foot) contour intervals may be used for such distances. On the 
other hand, where the terrain is uniform or gently sloping the smallest 
contour interval indicated on the topograhic may (see paragraph (g) of 
this section) should be used, although only relatively few points may be 
available. The profile graphs should indicate the topography accurately 
for each radial, and the graphs should be plotted with the distance in 
kilometers as the abscissa and the elevation in meters above mean sea 
level as the ordinate. The profile graphs should indicate the source of 
the topographical data employed. The graph should also show the 
elevation of the center of the radiating system. The graph may be 
plotted either on rectangular coordinate paper or on special paper which 
shows the curvature of the earth. It is not necessary to take the 
curvature of the earth into consideration in this procedure, as this 
factor is taken care of in the charts showing signal strengths. The 
average elevation of the 12.9 kilometer (8 miles) distance between 3.2-
16.1 kilometers (2-10 miles) from the antenna site should then be 
determined from the profile graph for each radial. This may be obtained 
by averaging a large number of equally spaced points, by using a 
planimeter, or by obtaining the median elevation (that exceeded for 50% 
of the distance) in sectors and averaging those values.

    Note: The Commission will, upon a proper showing by an existing 
station that the application of this rule will result in an unreasonable 
power reduction in relation to other stations in close proximity, 
consider requests for adjustment in power on the basis of a common 
average terrain figure for the stations in question as determined by the 
FCC.

    (e) In instance where it is desired to determine the area in square 
kilometers within the Grade A and Grade B field strength contours, the 
area may be determined from the coverage map by planimeter or other 
approximate means; in computing such areas, exclued (1) areas beyond the 
borders of the United States, and (2) large bodies of water, such as 
ocean areas, gulfs sounds, bays, large lakes, etc., but not rivers.
    (f) In cases where terrain in one or more directions from the 
antenna site departs widely from the average elevation of the 3.2 to 
16.1 kilometers (2 to 10 mile) sector, the prediction method may 
indicate contour distances that are different from what may be expected 
in practice. For example, a

[[Page 200]]

mountain ridge may indicate the practical limit of service although the 
prediction method may indicate otherwise. In such case the prediction 
method should be followed, but a supplemental showing may be made 
concerning the contour distances as determined by other means. Such 
supplemental showing should describe the procedure employed and should 
include sample calculations. Maps of predicted coverage should include 
both the coverage as predicted by the regular method and as predicted by 
a supplemental method. When measurements of area are required, these 
should include the area obtained by the regular predicted method and the 
area obtained by the supplemental method. In directions where the 
terrain is such that negative antenna heights or heights below 30.5 
meters (100 feet) for the 3.2 to 16.1 kilometers (2 to 10 mile) sector 
are obtained, an assumed height of 30.5 meters (100 feet) shall be used 
for the prediction of coverage. However, where the actual contour 
distances are critical factors, a supplemental showing of expected 
coverage must be included together with a description of the method 
employed in predicting such coverage. In special cases, the Commission 
may require additional information as to terrain and coverage.
    (g) In the preparation of the profile graph previously described, 
and in determining the location and height above sea level of the 
antenna site, the elevation or contour intervals shall be taken from the 
United States Geological Survey Topographic Quadrangle Maps, United 
States Army Corps of Engineers' maps or Tennessee Valley Authority maps, 
whichever is the latest, for all areas for which such maps are 
available. If such maps are not published for the area in question, the 
next best topographic information should be used. Topographic data may 
sometimes be obtained from State and Municipal agencies. Data from 
Sectional Aeronautical Charts (including bench marks) or railroad depot 
elevations and highway elevations from road maps may be used where no 
better information is available. In cases where limited topographic data 
is available, use may be made of an altimeter in a car driven along 
roads extending generally radially from the transmitter site. Ordinarily 
the Commission will not require the submission of topographical maps for 
areas beyond 24.1 kilometers (15 miles) from the antenna site, but the 
maps must include the principal community to be served. If it appears 
necessary, additional data may be requested. United States Geological 
Survey Topographic Quadrangle Maps may be obtained from the United 
States Geological Survey, Department of the Interior, Washington, DC 
20240. Sectional Aeronautical Charts are available from the United 
States Coast and Geodetic Survey, Department of Commerce, Washington, DC 
20235. In lieu of maps, the average terrain elevation may be computer 
generated, except in the cases of dispute, using elevations from a 30 
second point or better topographic data file. The file must be 
identified and the data processed for intermediate points along each 
radial using linear interpolation techniques. The height above mean sea 
level of the antenna site must be obtained manually using appropriate 
topographic maps.
    (h) The effect of terrain roughness on the predicted field strength 
of a signal at points distant from a television broadcast station is 
assumed to depend on the magnitude of a terrain roughness factor 
([Delta] h) which, for a specific propagation path, is determined by the 
characteristics of a segment of the terrain profile for that path 40.2 
kilometers (25 miles) in length, located between 9.7 and 49.9 kilometers 
(6 and 31 miles) from the transmitter. The terrain roughness factor has 
a value equal to the difference, in meters, between elevations exceeded 
by all points on the profile for 10 percent and 90 percent, 
respectively, of the length of the profile segment (see Sec. 73.699, 
Fig. 10d).
    (i) If the lowest field strength value of interest is initially 
predicted to occur over a particular propagation path at a distance 
which is less than 49.9 kilometers (31 miles) from the transmitter, the 
terrain profile segment used in the determination of the terrain 
roughness factor over that path shall be that included between points 
9.7 kilometers (6 miles) from the transmitter and such lesser distance. 
No terrain roughness correction need be applied when all field strength 
values of

[[Page 201]]

interest are predicted to occur 9.7 kilometers (6 miles) or less from 
the transmitter.
    (j) Profile segments prepared for terrain roughness factor 
determinations should be plotted in rectangular coordinates, with no 
less than 50 points evenly spaced within the segment, using data 
obtained from topographic maps, if available, with contour intervals of 
15.2 meters (50 feet), or less.
    (k) The field strength charts (Sec. 73.699, Figs. 9-10c) were 
developed assuming a terrain roughness factor of 50 meters, which is 
considered to be representative of average terrain in the United States. 
Where the roughness factor for a particular propagation path is found to 
depart appreciably from this value, a terrain roughness correction 
([Delta]F) should be applied to field strength values along this path as 
predicted with the use of these charts. The magnitude and sign of this 
correction, for any value of [Delta]h, may be determined from a chart 
included in Sec. 73.699 as Figure 10e, with linear interpolation as 
necessary, for the frequency of the UHF signal under consideration.
    (l) Alternatively, the terrain roughness correction may be computed 
using the following formula:

    [Delta]F=C-0.03([Delta]h)(1 + f/300)

Where:

[Delta]F = terrain roughness correction in dB
C = a constant having a specific value for use with each set of field 
          strength charts:
    1.9 for TV Channels 2-6
    2.5 for TV Channels 7-13
    4.8 for TV Channels 14-69
[Delta]h = terrain roughness factor in meters
f = frequency of signal in megahertz (MHz)

[28 FR 13660, Dec. 13, 1963, as amended at 40 FR 27683, July 1, 1975; 44 
FR 36039, June 20, 1979; 48 FR 44807, Sept. 30, 1983; 50 FR 23699, June 
5, 1985; 51 FR 26251, July 22, 1986; 52 FR 36879, Oct. 1, 1987]

    Effective Date Note: At 42 FR 25736, May 19, 1977, in Sec. 73.684, 
paragraphs (k) and (l) were stayed indefinitely.



Sec. 73.685  Transmitter location and antenna system.

    (a) The transmitter location shall be chosen so that, on the basis 
of the effective radiated power and antenna height above average terrain 
employed, the following minimum field strength in dB above one uV/m will 
be provided over the entire principal community to be served:

------------------------------------------------------------------------
      Channels 2-6            Channels 7-13           Channels 14-69
------------------------------------------------------------------------
           74 dBu                   77 dBu                  80 dBu
------------------------------------------------------------------------

    (b) Location of the antenna at a point of high elevation is 
necessary to reduce to a minimum the shadow effect on propagation due to 
hills and buildings which may reduce materially the strength of the 
station's signals. In general, the transmitting antenna of a station 
should be located at the most central point at the highest elevation 
available. To provide the best degree of service to an area, it is 
usually preferable to use a high antenna rather than a low antenna with 
increased transmitter power. The location should be so chosen that line-
of-sight can be obtained from the antenna over the principal community 
to be served; in no event should there be a major obstruction in this 
path. The antenna must be constructed so that it is as clear as possible 
of surrounding buildings or objects that would cause shadow problems. It 
is recognized that topography, shape of the desired service area, and 
population distribution may make the choice of a transmitter location 
difficult. In such cases, consideration may be given to the use of a 
directional antenna system, although it is generally preferable to 
choose a site where a nondirectional antenna may be employed.
    (c) In cases of questionable antenna locations it is desirable to 
conduct propagation tests to indicate the field strength expected in the 
principal community to be served and in other areas, particularly where 
severe shadow problems may be expected. In considering applications 
proposing the use of such locations, the Commission may require site 
tests to be made. Such tests should be made in accordance with the 
measurement procedure in Sec. 73.686, and full data thereon must be 
supplied to the Commission. Test transmitters should employ an antenna 
having a height as close as possible to the proposed antenna height, 
using a balloon or other support if necessary and feasible. Information 
concerning the authorization of site tests may be obtained from the 
Commission upon request.

[[Page 202]]

    (d) Present information is not sufficiently complete to establish 
``blanket areas'' of television broadcast stations. A ``blanket area'' 
is that area adjacent to a transmitter in which the reception of other 
stations is subject to interference due to the strong signal from this 
station. The authorization of station construction in areas where 
blanketing is found to be excessive will be on the basis that the 
applicant will assume full responsibility for the adjustment of 
reasonable complaints arising from excessively strong signals of the 
applicant's station or take other corrective action.
    (e) An antenna designed or altered to produce a noncircular 
radiation pattern in the horizontal plane is considered to be a 
directional antenna. Antennas purposely installed in such a manner as to 
result in the mechanical beam tilting of the major vertical radiation 
lobe are included in this category. Directional antennas may be employed 
for the purpose of improving service upon an appropriate showing of 
need. Stations operating on Channels 2-13 will not be permitted to 
employ a directional antenna having a ratio of maximum to minimum 
radiation in the horizontal plane in excess of 10 dB. Stations operating 
on Channels 14-69 with transmitters delivering a peak visual power 
output of more than 1 kW may employ directive transmitting antennas with 
a maximum to minimum radiation in the horizontal plane of not more than 
15 dB. Stations operating on Channels 14-69 and employing transmitters 
delivering a peak visual power output of 1 kW or less are not limited as 
to the ratio of maximum to minimum radiation.
    (f) Applications proposing the use of directional antenna systems 
must be accompanied by the following:
    (1) Complete description of the proposed antenna system, including 
the manufacturer and model number of the proposed directional antenna.
    (2) Relative field horizontal plane pattern (horizontal polarization 
only) of the proposed directional antenna. A value of 1.0 should be used 
for the maximum radiation. The plot of the pattern should be oriented so 
that 0[deg] corresponds to true North. Where mechanical beam tilt is 
intended, the amount of tilt in degrees of the antenna vertical axis and 
the orientation of the downward tilt with respect to true North must be 
specified, and the horizontal plane pattern must reflect the use of 
mechanical beam tilt.
    (3) A tabulation of the relative field pattern required in paragraph 
(b)(2), of this section. The tabulation should use the same zero degree 
reference as the plotted pattern, and be tabulated at least every 
10[deg]. In addition, tabulated values of all maxima and minima, with 
their corresponding azimuths, should be submitted.
    (4) Horizontal and vertical plane radiation patterns showing the 
effective radiated power, in dBk, for each direction. Sufficient 
vertical plane patterns must be included to indicate clearly the 
radiation characteristics of the antenna above and below the horizontal 
plane. In cases where the angles at which the maximum vertical radiation 
varies with azimuth, a separate vertical radiation pattern must be 
provided for each pertinent radial direction.
    (5) All horizontal plane patterns must be plotted to the largest 
scale possible on unglazed letter-size polar coordinate paper (main 
engraving approximately 18 cm x 25 cm (7 inches x 10 inches)) using only 
scale divisions and subdivisions of 1, 2, 2.5 or 5 times 10-nth. All 
vertical plane patterns must be plotted on unglazed letter-size 
rectangular coordinate paper. Values of field strength on any pattern 
less than 10% of the maximum field strength plotted on that pattern must 
be shown on an enlarged scale.
    (6) The horizontal and vertical plane patterns that are required are 
the patterns for the complete directional antenna system. In the case of 
a composite antenna composed of two or more individual antennas, this 
means that the patterns for the composite antenna, not the patterns for 
each of the individual antennas, must be submitted.
    (g) Applications proposing the use of television broadcast antennas 
within 61.0 meters (200 feet) of other television broadcast antennas 
operating on a channel within 20 percent in frequency of the proposed 
channel, or proposing

[[Page 203]]

the use of television broadcast antennas on Channels 5 or 6 within 61.0 
meters (200 feet) of FM broadcast antennas, must include a showing as to 
the expected effect, if any, of such proximate operation.
    (h) Where the TV licensee or permittee proposes to mount its antenna 
on or near an AM tower, as defined in Sec. 1.30002, the TV licensee or 
permittee must comply with Sec. 1.30003 or Sec. 1.30002.

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[28 FR 13660, Dec. 14, 1963, as amended at 35 FR 5693, Apr. 8, 1970; 40 
FR 25461, June 16, 1975; 43 FR 53740, Nov. 17, 1978; 44 FR 22740, Apr. 
17, 1979; 45 FR 26065, Apr. 17, 1980; 47 FR 35990, Aug. 18, 1982; 48 FR 
21486, May 12, 1983; 50 FR 23701, June 5, 1985; 58 FR 44951, Aug. 25, 
1993; 62 FR 51059, Sept. 30, 1997; 78 FR 66298, Nov. 5, 2013]



Sec. 73.686  Field strength measurements.

    (a) Except as provided for in Sec. 73.612, television broadcast 
stations shall not be protected from any type of interference or 
propagation effect. Persons desiring to submit testimony, evidence or 
data to the Commission for the purpose of showing that the technical 
standards contained in this subpart do not properly reflect the levels 
of any given type of interference or propagation effect may do so only 
in appropriate rulemaking proceedings concerning the amendment of such 
technical standards. Persons making field strength measurements for 
formal submission to the Commission in rulemaking proceedings, or making 
such measurements upon the request of the Commission, shall follow the 
procedure for making and reporting such measurements outlined in 
paragraph (b) of this section. In instances where a showing of the 
measured level of a signal prevailing over a specific community is 
appropriate, the procedure for making and reporting field strength 
measurements for this purpose is set forth in paragraph (c) of this 
section.
    (b) Collection of field strength data for propagation analysis--(1) 
Preparation for measurements. (i) On large scale topographic maps, eight 
or more radials are drawn from the transmitter location to the maximum 
distance at which measurements are to be made, with the angles included 
between adjacent radials of approximately equal size. Radials should be 
oriented so as to traverse representative types of terrain. The specific 
number of radials and their orientation should be such as to accomplish 
this objective.
    (ii) At a point exactly 16.1 kilometers (10 miles) from the 
transmitter, each radial is marked, and at greater distances at 
successive 3.2 kilometer (2 mile) intervals. Where measurements are to 
be conducted at UHF, or over extremely rugged terrain, shorter intervals 
may be employed, but all such intervals shall be of equal length. 
Accessible roads intersecting each radial as nearly as possible at each 
3.2 kilometer (2 mile) marker are selected. These intersections are the 
points on the radial at which measurements are to be made, and are 
referred to subsequently as measuring locations. The elevation of each 
measuring location should approach the elevation at the corresponding 
3.2 kilometer (2 mile) marker as nearly as possible.
    (2) Measurement procedure. The field strength of the visual carrier 
shall be measured with a voltmeter capable of indicating accurately the 
peak amplitude of the synchronizing signal. All measurements shall be 
made utilizing a receiving antenna designed for reception of the 
horizontally polarized signal component, elevated 9.1 meters (30 feet) 
above the roadbed. At each measuring location, the following procedure 
shall be employed.
    (i) The instrument calibration is checked.
    (ii) The antenna is elevated to a height of 30 feet.
    (iii) The receiving antenna is rotated to determine if the strongest 
signal is arriving from the direction of the transmitter.
    (iv) The antenna is oriented so that the sector of its response 
pattern over which maximum gain is realized is in the direction of the 
transmitter.
    (v) A mobile run of at least 30.5 meters (100 feet) is made, which 
is centered on the intersection of the radial and the road, and the 
measured field strength is continuously recorded on a chart recorder 
over the length of the run.
    (vi) The actual measuring location is marked exactly on the 
topographic

[[Page 204]]

map, and a written record, keyed to the specific location, is made of 
all factors which may affect the recorded field, such as topography, 
height and types of vegetation, buildings, obstacles, weather, and other 
local features.
    (vii) If, during the test conducted as described in paragraph 
(b)(2)(iii) of this section, the strongest signal is found to come from 
a direction other than from the transmitter, after the mobile run 
prescribed in paragraph (b)(2)(v) of this section is concluded, 
additional measurements shall be made in a ``cluster'' of at least five 
fixed points. At each such point, the field strengths with the antenna 
oriented toward the transmitter, and with the antenna oriented so as to 
receive the strongest field, are measured and recorded. Generally, all 
points should be within 61.0 meters (200 feet) of the center point of 
the mobile run.
    (viii) If overhead obstacles preclude a mobile run of at leat 30.5 
meters (100 feet), a ``cluster'' of five spot measurements may be made 
in lieu of this run. The first measurement in the cluster is identified. 
Generally, the locations for other measurements shall be within 61.0 
meters (200 feet) of the location of the first.
    (3) Method of reporting measurements. A report of measurements to 
the Commission shall be submitted in affidavit form, in triplicate, and 
should contain the following information:
    (i) Tables of field strength measurements, which, for each measuring 
location, set forth the following data:
    (A) Distance from the transmitting antenna.
    (B) Ground elevation at measuring location.
    (C) Date, time of day, and weather.
    (D) Median field in dBu for 0 dBk, for mobile run or for cluster, as 
well as maximum and minimum measured field strengths.
    (E) Notes describing each measuring location.
    (ii) U.S. Geological Survey topographic maps, on which is shown the 
exact location at which each measurement was made. The original plots 
shall be made on maps of the largest available scale. Copies may be 
reduced in size for convenient submission to the Commission, but not to 
the extent that important detail is lost. The original maps shall be 
made available, if requested. If a large number of maps is involved, an 
index map should be submitted.
    (iii) All information necessary to determine the pertinent 
characteristics of the transmitting installation, including frequency, 
geographical coordinates of antenna site, rated and actual power output 
of transmitter, measured transmission line loss, antenna power gain, 
height of antenna above ground, above mean sea level, and above average 
terrain. The effective radiated power should be computed, and horizontal 
and vertical plane patterns of the transmitting antenna should be 
submitted.
    (iv) A list of calibrated equipment used in the field strength 
survey, which, for each instrument, specifies its manufacturer, type, 
serial number and rated accuracy, and the date of its most recent 
calibration by the manufacturer, or by a laboratory. Complete details of 
any instrument not of standard manufacture shall be submitted.
    (v) A detailed description of the calibration of the measuring 
equipment, including field strength meters, measuring antenna, and 
connecting cable.
    (vi) Terrain profiles in each direction in which measurements were 
made, drawn on curved earth paper for equivalent 4/3 earth radius, of 
the largest available scale.
    (c) Collection of field strength data to determine television 
service in specific communities--(1) Preparation for measurement. (i) 
The population (P) of the community, and its suburbs, if any, is 
determined by reference to an appropriate source, e.g., the 1970 U.S. 
Census tables of population of cities and urbanized areas.
    (ii) The number of locations at which measurements are to be made 
shall be at least 15, and shall be approximately equal to 0.1 (P) \1/2\, 
if this product is a number greater than 15.
    (iii) A rectangular grid, of such size and shape as to encompass the 
boundaries of the community is drawn on an accurate map of the 
community. The number of line intersections on the grid included within 
the boundaries of the community shall be at least equal to the required 
number of measuring

[[Page 205]]

locations. The position of each intersection on the community map 
determines the location at which a measurement shall be made.
    (2) Measurement procedure. The field strength of the visual carrier 
shall be measured, with a voltmeter capable of indicating accurately the 
peak amplitude of the synchronizing signal. All measurements shall be 
made utilizing a receiving antenna designed for reception of the 
horizontally polarized signal component, elevated 9.1 meter (30 feet) 
above street level.
    (i) Each measuring location shall be chosen as close as feasible to 
a point indicated on the map, as previously prepared, and at as nearly 
the same elevation as that point as possible.
    (ii) At each measuring location, after equipment calibration and 
elevation of the antenna, a check is made to determine whether the 
strongest signal arrives from a direction other than from the 
transmitter.
    (iii) At 20 percent or more of the measuring locations, mobile runs, 
as described in paragraph (b)(2) of this section shall be made, with no 
less than three such mobile runs in any case. The points at which mobile 
measurements are made shall be well separated. Spot measurements may be 
made at other measuring points.
    (iv) Each actual measuring location is marked exactly on the map of 
the community, and suitably keyed. A written record shall be maintained, 
describing, for each location, factors which may affect the recorded 
field, such as the approximate time of measurement, weather, topography, 
overhead wiring, heights and types of vegetation, buildings and other 
structures. The orientation, with respect to the measuring location 
shall be indicated of objects of such shape and size as to be capable of 
causing shadows or reflections. If the strongest signal received was 
found to arrive from a direction other than that of the transmitter, 
this fact shall be recorded.
    (3) Method of reporting measurements. A report of measurements to 
the Commission shall be submitted in affidavit form, in triplicate, and 
should contain the following information:
    (i) A map of the community showing each actual measuring location, 
specifically identifying the points at which mobile runs were made.
    (ii) A table keyed to the above map, showing the field strength at 
each measuring point, reduced to dBu for the actual effective radiated 
power of the station. Weather, date, and time of each measurement shall 
be indicated.
    (iii) Notes describing each measuring location.
    (iv) A topographic map of the largest available scale on which are 
marked the community and the transmitter site of the station whose 
signals have been measured, which includes all areas on or near the 
direct path of signal propagation.
    (v) Computations of the mean and standard deviation of all measured 
field strengths, or a graph on which the distribution of measured field 
strength values is plotted.
    (vi) A list of calibrated equipment used for the measurements, which 
for each instrument, specifies its manufacturer, type, serial number and 
rated accuracy, and the date of its most recent calibration by the 
manufacturer, or by a laboratory. Complete details of any instrument not 
of standard manufacture shall be submitted.
    (vii) A detailed description of the procedure employed in the 
calibration of the measuring equipment, including field strength meters 
measuring antenna, and connecting cable.
    (d) NTSC--Collection of field strength data to determine NTSC 
television signal intensity at an individual location--cluster 
measurements--(1) Preparation for measurements--(i) Testing antenna. The 
test antenna shall be either a standard half-wave dipole tuned to the 
visual carrier frequency of the channel being measured or a gain 
antenna, provided its antenna factor for the channel(s) under test has 
been determined. Use the antenna factor supplied by the antenna 
manufacturer as determined on an antenna range.
    (ii) Testing locations. At the location, choose a minimum of five 
locations as close as possible to the specific site where the site's 
receiving antenna is located. If there is no receiving antenna at the 
site, choose the minimum of five locations as close as possible to a 
reasonable and likely spot for the antenna. The locations shall be at 
least

[[Page 206]]

three meters apart, enough so that the testing is practical. If 
possible, the first testing point should be chosen as the center point 
of a square whose corners are the four other locations. Calculate the 
median of the five measurements (in units of dBu) and report it as the 
measurement result.
    (iii) Multiple signals. If more than one signal is being measured 
(i.e., signals from different transmitters), use the same locations to 
measure each signal.
    (2) Measurement procedure. Measurements shall be made in accordance 
with good engineering practice and in accordance with this section of 
the Rules. At each measuring location, the following procedure shall be 
employed:
    (i) Testing equipment. Measure the field strength of the visual 
carrier with a calibrated instrument with an i.f. bandwidth of at least 
200 kHz, but no greater than one megahertz (1,000 kHz). Perform an on-
site calibration of the instrument in accordance with the manufacturer's 
specifications. The instrument must accurately indicate the peak 
amplitude of the synchronizing signal. Take all measurements with a 
horizontally polarized antenna. Use a shielded transmission line between 
the testing antenna and the field strength meter. Match the antenna 
impedance to the transmission line at all frequencies measured, and, if 
using an unbalanced line, employ a suitable balun. Take account of the 
transmission line loss for each frequency being measured.
    (ii) Weather. Do not take measurements in inclement weather or when 
major weather fronts are moving through the measurement area.
    (iii) Antenna elevation. When field strength is being measured for a 
one-story building, elevate the testing antenna to 6.1 meters (20 feet) 
above the ground. In situations where the field strength is being 
measured for a building taller than one-story, elevate the testing 
antenna 9.1 meters (30 feet) above the ground.
    (iv) Antenna orientation. Orient the testing antenna in the 
direction which maximizes the value of field strength for the signal 
being measured. If more than one station's signal is being measured, 
orient the testing antenna separately for each station.
    (3) Written record shall be made and shall include at least the 
following:
    (i) A list of calibrated equipment used in the field strength 
survey, which for each instrument, specifies the manufacturer, type, 
serial number and rated accuracy, and the date of the most recent 
calibration by the manufacturer or by a laboratory. Include complete 
details of any instrument not of standard manufacture.
    (ii) A detailed description of the calibration of the measuring 
equipment, including field strength meters, measuring antenna, and 
connecting cable.
    (iii) For each spot at the measuring site, all factors which may 
affect the recorded field, such as topography, height and types of 
vegetation, buildings, obstacles, weather, and other local features.
    (iv) A description of where the cluster measurements were made.
    (v) Time and date of the measurements and signature of the person 
making the measurements.
    (vi) For each channel being measured, a list of the measured value 
of field strength (in units of dBu and after adjustment for line loss 
and antenna factor) of the five readings made during the cluster 
measurement process, with the median value highlighted.
    (e) DTV--Collection of field strength data to determine digital 
television signal intensity at an individual location--cluster 
measurements--(1) Preparation for measurements--(i) Testing antenna. The 
test antenna shall be either a standard half-wave dipole tuned to the 
center frequency of the channel being tested or a gain antenna provided 
its antenna factor for the channel(s) under test has been determined. 
Use the antenna factor supplied by the antenna manufacturer as 
determined on an antenna range.
    (ii) Testing locations--At the test site, choose a minimum of five 
locations as close as possible to the specific site where the site's 
receiving antenna is located. If there is no receiving antenna at the 
site, choose a minimum of five locations as close as possible to a 
reasonable and likely spot for the antenna. The locations shall be at 
least three meters apart, enough so that the testing is practical. If 
possible, the first testing point should be chosen as

[[Page 207]]

the center point of a square whose corners are the four other locations. 
Calculate the median of the five measurements (in units of dB[micro]) 
and report it as the measurement.
    (iii) Multiple signals--
    (A) If more than one signal is being measured (i.e., signals from 
different transmitters), use the same locations to measure each signal.
    (B) For establishing eligibility of a satellite subscriber to 
receive distant network signals, only stations affiliated with the 
network in question that are located in the same Nielsen Designated 
Market Area (DMA) as the test site may be considered and tested.
    (2) Measurement procedure. Measurements shall be made in accordance 
with good engineering practice and in accordance with this section of 
this chapter. At each measuring location, the following procedure shall 
be employed:
    (i) Testing equipment. Perform an on-site calibration of the test 
instrument in accordance with the manufacturer's specifications. Tune a 
calibrated instrument to the center of the channel being tested. Measure 
the integrated average power over the full 6 megahertz bandwidth of the 
television signal. The intermediate frequency of the instrument should 
be set to 100 kilohertz unless the instrument is specifically designed 
by the manufacturer to use an alternative i.f. setting. The instrument 
must be capable of integrating over the selected i.f. for the 6 
megahertz channel bandwidth. Take all measurements with a horizontally 
polarized antenna. Use a shielded transmission line between the testing 
antenna and the field strength meter. Match the antenna impedance to the 
transmission line at all frequencies measured, and, if using an un-
balanced line, employ a suitable balance. Take account of the 
transmission line loss for each frequency being measured.
    (ii) Weather. Do not take measurements during periods of inclement 
weather, including, but not limited to, periods of heavy rainfall, 
snowfall accumulation, high windspeed, or any combination thereof.
    (iii) Antenna elevation. When field strength is being measured for a 
one-story building, elevate the testing antenna to 6.1 meters (20 feet) 
above the ground. In situations where the field strength is being 
measured for a building taller than one-story, elevate the testing 
antenna 9.1 meters (30 feet) above the ground.
    (iv) Antenna orientation. Orient the testing antenna in the 
direction which maximizes the value of field strength for the signal 
being measured. If more than one station's signal is being measured, 
orient the testing antenna separately for each station.
    (3) Written record shall be made and shall include at least the 
following:
    (i) A list of calibrated equipment used in the field strength 
survey, which for each instrument specifies the manufacturer, type, 
serial number and rated accuracy, and the date of the most recent 
calibration by the manufacturer or by a laboratory. Include complete 
details of any instrument not of standard manufacture.
    (ii) A detailed description of the calibration of the measuring 
equipment, including field strength meters, measuring antenna, and 
connecting cable.
    (iii) For each spot at the measuring site, all factors which may 
affect the recorded field, such as topography, height and types of 
vegetation, buildings, obstacles, weather, and other local features.
    (iv) A description of where the cluster measurements were made.
    (v) Time and date of the measurements and signature of the person 
making the measurements.
    (vi) For each channel being measured, a list of the measured value 
of field strength (in units of dB[micro] after adjustment for line loss 
and antenna factor) of the five readings made during the cluster 
measurement process, with the median value highlighted.

[40 FR 27683, July 1, 1975, as amended at 50 FR 23701, June 5, 1985; 64 
FR 7127, Feb. 12, 1999; 64 FR 73433, Dec. 30, 1999; 75 FR 81498, Dec. 
28, 2010]



Sec. 73.687  Transmission system requirements.

    (a) Visual transmitter.
    (1) The field strength or voltage of the lower sideband, as radiated 
or dissipated and measured as described in paragraph (a)(2) of this 
section, shall

[[Page 208]]

not be greater than -20 dB for a modulating frequency of 1.25 MHz or 
greater and in addition, for color, shall not be greater than -42 dB for 
a modulating frequency of 3.579545 MHz (the color subcarrier frequency). 
For both monochrome and color, the field strength or voltage of the 
upper sideband as radiated or dissipated and measured as described in 
paragraph (a)(2) of this section shall not be greater than -20 dB for a 
modulating frequency of 4.75 MHz or greater. For stations operating on 
Channels 15-36 and employing a transmitter delivering maximum peak 
visual power output of 1 kW or less, the field strength or voltage of 
the upper and lower sidebands, as radiated or dissipated and measured as 
described in paragraph (a)(2) of this section, shall depart from the 
visual amplitude characteristic (Figure 5a of Sec. 73.699) by no more 
than the following amounts:
    (2) The attenuation characteristics of a visual transmitter shall be 
measured by application of a modulating signal to the transmitter input 
terminals in place of the normal composite television video signal. The 
signal applied shall be a composite signal composed of a synchronizing 
signal to establish peak output voltage plus a variable frequency sine 
wave voltage occupying the interval between synchronizing pulses. (The 
``synchronizing signal'' referred to in this section means either a 
standard synchronizing wave form or any pulse that will properly set the 
peak.) The axis of the sine wave in the composite signal observed in the 
output monitor shall be maintained at an amplitude 0.5 of the voltage at 
synchronizing peaks. The amplitude of the sine wave input shall be held 
at a constant value. This constant value should be such that at no 
modulating frequency does the maximum excursion of the sine wave, 
observed in the composite output signal monitor, exceed the value 0.75 
of peak output voltage. The amplitude of the 200 kHz sideband shall be 
measured and designated zero dB as a basis for comparison. The 
modulation signal frequency shall then be varied over the desired range 
and the field strength or signal voltage of the corresponding sidebands 
measured. As an alternate method of measuring, in those cases in which 
the automatic d-c insertion can be replaced by manual control, the above 
characteristic may be taken by the use of a video sweep generator and 
without the use of pedestal synchronizing pulses. The d-c level shall be 
set for midcharacteristic operation.
    (3) A sine wave, introduced at those terminals of the transmitter 
which are normally fed the composite color picture signal, shall produce 
a radiated signal having an envelope delay, relative to the average 
envelope delay between 0.05 and 0.20 MHz, of zero microseconds up to a 
frequency of 3.0 MHz; and then linearly decreasing to 4.18 MHz so as to 
be equal to -0.17 [micro]secs at 3.58 MHz. The tolerance on the envelope 
delay shall be 0.05 [micro]secs at 3.58 MHz. The 
tolerance shall increase linearly to 0.1 
[micro]sec down to 2.1 MHz, and remain at 0.1 
[micro]sec down to 0.2 MHz. (Tolerances for the interval of 0.0 to 0.2 
MHz are not specified at the present time.) The tolerance shall also 
increase linearly to 0.1 [micro]sec at 4.18 MHz.
    (4) The radio frequency signal, as radiated, shall have an envelope 
as would be produced by a modulating signal in conformity with Sec. 
73.682 and Figure 6 or 7 of Sec. 73.699, as modified by vestigial 
sideband operation specified in Figure 5 of Sec. 73.699. For stations 
operating on Channels 15-36 the radio frequency signal as radiated, 
shall have an envelope as would be produced by a modulating signal in 
conformity with Sec. 73.682 and Figure 6 or 7 of Sec. 73.699.
    (5) The time interval between the leading edges of successive 
horizontal pulses shall vary less than one half of one percent of the 
average interval. However, for color transmissions, Sec. 73.682(a) (5) 
and (6) shall be controlling.
    (6) The rate of change of the frequency of recurrence of the leading 
edges of the horizontal synchronizing signals shall be not greater than 
0.15 percent per second, the frequency to be determined by an averaging 
process carried out over a period of not less than 20, nor more than 100 
lines, such lines not to include any portion of the blanking interval. 
However, for color transmissions, Sec. 73.682(a) (5) and (6) shall be 
controlling.

[[Page 209]]

    (b) Aural transmitter. (1) Pre-emphasis shall be employed as closely 
as practicable in accordance with the impedance-frequency characteristic 
of a series inductance-resistance network having a time constant of 75 
microseconds. (See upper curve of Figure 12 Sec. 73.699.)
    (2) If a limiting or compression amplifier is employed, precaution 
should be maintained in its connection in the circuit due to the use of 
pre-emphasis in the transmitting system.
    (3) Aural modulation levels are specified in Sec. 73.1570.
    (c) Requirements applicable to both visual and aural transmitters. 
(1) Automatic means shall be provided in the visual transmitter to 
maintain the carrier frequency within 1 kHz of the 
authorized frequency; automatic means shall be provided in the aural 
transmitter to maintain the carrier frequency 4.5 MHz above the actual 
visual carrier frequency within 1 kHz.
    (2) The transmitters shall be equipped with suitable indicating 
instruments for the determination of operating power and with other 
instruments necessary for proper adjustment, operation, and maintenance 
of the equipment.
    (3) Adequate provision shall be made for varying the output power of 
the transmitters to compensate for excessive variations in line voltage 
or for other factors affecting the output power.
    (4) Adequate provisions shall be provided in all component parts to 
avoid overheating at the rated maximum output powers.
    (d) The construction, installation, and operation of broadcast 
equipment is expected to conform with all applicable local, state, and 
federally imposed safety regulations and standards, enforcement of which 
is the responsibility of the issuing regulatory agency.
    (e) Operation. (1) Spurious emissions, including radio frequency 
harmonics, shall be maintained at as low a level as the state of the art 
permits. As measured at the output terminals of the transmitter 
(including harmonic filters, if required) all emissions removed in 
frequency in excess of 3 MHz above or below the respective channel edge 
shall be attenuated no less than 60 dB. below the visual transmitted 
power. (The 60 dB. value for television transmitters specified in this 
rule should be considered as a temporary requirement which may be 
increased at a later date, especially when more higher-powered equipment 
is utilized. Stations should, therefore, give consideration to the 
installation of equipment with greater attenuation than 60 dB.) In the 
event of interference caused to any service greater attenuation will be 
required.
    (2) If a limiting or compression amplifier is used in conjunction 
with the aural transmitter, due operating precautions should be 
maintained because of pre-emphasis in the transmitting system.
    (3) TV broadcast stations operating on Channel 14 must take special 
precautions to avoid interference to adjacent spectrum land mobile radio 
service facilities. Where a TV station is authorized and operating prior 
to the authorization and operation of the land mobile facility, a 
Channel 14 station must attenuate its emissions within the frequency 
range 467 to 470 MHz if necessary to permit reasonable use of the 
adjacent frequencies by land mobile licensees.
    (4) The requirements listed below apply to permittees authorized to 
construct a new station on TV Channel 14, and to licensees authorized to 
change the channel of an existing station to Channel 14, to increase 
effective radiated power (ERP) (including any change in directional 
antenna characteristics that results in an increase in ERP in any 
direction), or to change the transmitting location of an existing 
station.
    (i) For the purposes of this paragraph (e), a protected land mobile 
facility is a receiver that is intended to receive transmissions from 
licensed land mobile stations within the frequency band below 470 MHz, 
and is associated with one or more land mobile stations for which a 
license has been issued by the Commission, or a proper application has 
been received by the Commission prior to the date of the filing of the 
TV construction permit application. However, a land mobile facility will 
not be protected if it is proposed in an application that is denied or 
dismissed and that action is no longer subject to

[[Page 210]]

Commission review. Further, if the land mobile station is not operating 
when the TV facility commences operation and it does not commence 
operation within the time permitted by its authorization in accordance 
with part 90 of this chapter, it will not be protected.
    (ii) A TV permittee must take steps before construction to identify 
potential interference to normal land mobile operation that could be 
caused by TV emissions outside the authorized channel, land mobile 
receiver desensitization or intermodulation. It must install filters and 
take other precautions as necessary, and submit evidence that no 
interference is being caused before it will be permitted to transmit 
programming on the new facilities pursuant to the provisions of Sec. 
73.1615 or Sec. 73.1620 of this part. A TV permittee must reduce its 
emissions within the land mobile channel of a protected land mobile 
facility that is receiving interference caused by the TV emission 
producing a vertically polarized signal and a field strength in excess 
of 17 dBu at the land mobile receiver site on the land mobile frequency. 
The TV emission should be measured with equipment set to a 30 kHz 
measurement bandwidth including the entire applicable land mobile 
channel. A TV permittee must correct a desensitization problem if its 
occurrence can be directly linked to the start of the TV operation and 
the land mobile station is using facilities with typical desensitization 
rejection characteristics. A TV permittee must identify the source of an 
intermodulation product that is generated when the TV operation 
commences. If the intermodulation source is under its control, the TV 
permittee must correct the problem. If the intermodulation source is 
beyond the TV permittee's control, it must cooperate in the resolution 
of the problem and should provide whatever technical assistance it can.

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[28 FR 13660, Dec. 14, 1963]

    Editorial Note: For Federal Register citations affecting Sec. 
73.687, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 73.688  Indicating instruments.

    (a) Each TV broadcast station shall be equipped with indicating 
instruments which conform with the specifications described in Sec. 
73.1215 for measuring the operating parameters of the last radio stage 
of the visual transmitter, and with such other instruments as are 
necessary for the proper adjustment, operation, and maintenance of the 
visual transmitting system.
    (b) The function of each instrument shall be clearly and permanently 
shown on the instrument itself or on the panel immediately adjacent 
thereto.
    (c) In the event that any one of these indicating instruments 
becomes defective, when no substitute which conforms with the required 
specifications is available, the station may be operated without the 
defective instrument pending its repair or replacement for a period not 
in excess of 60 days without further authority of the FCC, provided 
that:
    (1) If the defective instrument is the transmission line meter used 
for determining the output power by the direct method, the operating 
power shall be determined or maintained by the indirect method whenever 
possible or by using the operating parameters of the last radio stage of 
the transmitter during the time the station is operated without the 
transmission line meter.
    (2) If conditions beyond the control of the licensee prevent the 
restoration of the meter to service within the above allowed period, 
informal request in accordance with Sec. 73.3549 may be filed for such 
additional time as may be required to complete repairs of the defective 
instrument.

[41 FR 36818, Sept. 1, 1976, as amended at 48 FR 38480, Aug. 24, 1983; 
49 FR 50048, Dec. 26, 1984; 50 FR 26568, June 27, 1985; 80 FR 53750, 
Sept. 8, 2015]



Sec. 73.691  Visual modulation monitoring.

    (a) Each TV station must have measuring equipment for determining 
that the transmitted visual signal conforms to the provisions of this 
subpart. The licensee shall decide the monitoring and measurement 
methods or procedures for indicating and controlling the visual signal.

[[Page 211]]

    (b) In the event technical problems make it impossible to operate in 
accordance with the timing and carrier level tolerance requirements of 
Sec. 73.682 (a)(9)(i), (a)(9)(ii), (a)(12), (a)(13), and (a)(17), a TV 
broadcast station may operate at variance for a period of not more than 
30 days without specific authority from the FCC: provided that, the date 
and time of the initial out-of-tolerance condition has been entered in 
the station log. If the operation at variance will exceed 10 consecutive 
days, a notification must be sent to the FCC in Washington, D.C., not 
later than the 10th day of such operation. In the event normal operation 
is resumed prior to the end of the 30 day period, the licensee must 
notify the FCC upon restoration of normal operation. If causes beyond 
the control of the licensee prevent restoration of normal operation 
within 30 days, a written request must be made to the FCC in Washington, 
D.C., no later than the 30th day for such additional time as may be 
necessary.

[60 FR 55480, Nov. 1, 1995]



Sec. 73.698  Tables.

                           Table I [Reserved]

                                                    Table II
----------------------------------------------------------------------------------------------------------------
                                                                   (4)--87.7               (6)--95.7  (7)--119.9
                                      (2)--31.4     (3)--31.4     kilometers   (5)--95.7  kilometers  kilometers
                                     kilometers     kilometers       (54.5    kilometers     (59.5       (74.5
            (1)--Channel                (19.5      (19.5 miles)     miles)       (59.5      miles)      miles)
                                      miles) If  intermodulation   adjacent     miles)       sound      picture
                                        beat                        channel   oscillator     image       image
----------------------------------------------------------------------------------------------------------------
14.................................          22            16-19          15          21          28          29
15.................................          23            17-20      14, 16          22          29          30
16.................................          24        14, 18-21      15, 17          23          30          31
17.................................          25     14-15, 19-22      16, 18          24          31          32
18.................................          26     14-16, 20-23      17, 19          25          32          33
19.................................          27     14-17, 21-24      18, 20          26          33          34
20.................................          28     15-18, 22-25      19, 21          27          34          35
21.................................          29     16-19, 23-26      20, 22      28, 14          35          36
22.................................      30, 14     17-20, 24-27      21, 23      29, 15          36          37
23.................................      31, 15     18-21, 25-28      22, 24      30, 16          37          38
24.................................      32, 16     19-22, 26-29      23, 25      31, 17          38          39
25.................................      33, 17     20-23, 27-30      24, 26      32, 18          39          40
26.................................      34, 18     21-24, 28-31      25, 27      33, 19          40          41
27.................................      35, 19     22-25, 29-32      26, 28      34, 20          41          42
28.................................      36, 20     23-26, 30-33      27, 29      35, 21      42, 14          43
29.................................      37, 21     24-27, 31-34      28, 30      36, 22      43, 15      44, 14
30.................................      38, 22     25-28, 32-35      29, 31      37, 23      44, 16      45, 15
31.................................      39, 23     26-29, 33-36      30, 32      38, 24      45, 17      46, 16
32.................................      40, 24     27-30, 34-37      31, 33      39, 25      46, 18      47, 17
33.................................      41, 25     28-31, 35-38      32, 34      40, 26      47, 19      48, 18
34.................................      42, 26     29-32, 36-39      33, 35      41, 27      48, 20      49, 19
35.................................      43, 27     30-33, 37-40      34, 36      42, 28      49, 21      50, 20
36.................................      44, 28     31-34, 38-41      35, 37      43, 29      50, 22      51, 21
37.................................      45, 29     32-35, 39-42      36, 38      44, 30      51, 23      52, 22
38.................................      46, 30     33-36, 40-43      37, 39      45, 31      52, 24      53, 23
39.................................      47, 31     34-37, 41-44      38, 40      46, 32      53, 25      54, 24
40.................................      48, 32     35-38, 42-45      39, 41      47, 33      54, 26      55, 25
41.................................      49, 33     36-39, 43-46      40, 42      48, 34      55, 27      56, 26
42.................................      50, 34     37-40, 44-47      41, 43      49, 35      56, 28      57, 27
43.................................      51, 35     38-41, 45-48      42, 44      50, 36      57, 29      58, 28
44.................................      52, 36     39-42, 46-49      43, 45      51, 37      58, 30      59, 29
45.................................      53, 37     40-43, 47-50      44, 46      52, 38      59, 31      60, 30
46.................................      54, 38     41-44, 48-51      45, 47      53, 39      60, 32      61, 31
47.................................      55, 39     42-45, 49-52      46, 48      54, 40      61, 33      62, 32
48.................................      56, 40     43-46, 50-53      47, 49      55, 41      62, 34      63, 33
49.................................      57, 41     44-47, 51-54      48, 50      56, 42      63, 35      64, 34
50.................................      58, 42     45-48, 52-55      49, 51      57, 43      64, 36      65, 35
51.................................      59, 43     46-49, 53-56      50, 52      58, 44      65, 37      66, 36
52.................................      60, 44     47-50, 54-57      51, 53      59, 45      66, 38      67, 37
53.................................      61, 45     48-51, 55-58      52, 54      60, 46      67, 39      68, 38
54.................................      62, 46     49-52, 56-59      53, 55      61, 47      68, 40      69, 39
55.................................      63, 47     50-53, 57-60      54, 56      62, 48      69, 41      70, 40

[[Page 212]]

 
56.................................      64, 48     51-54, 58-61      55, 57      63, 49      70, 42      71, 41
57.................................      65, 49     52-55, 59-62      56, 58      64, 50      71, 43      72, 42
58.................................      66, 50     53-56, 60-63      57, 59      65, 51      72, 44      73, 43
59.................................      67, 51     54-57, 61-64      58, 60      66, 52      73, 45      74, 44
60.................................      68, 52     55-58, 62-65      59, 61      67, 53      74, 46      75, 45
61.................................      69, 53     56-59, 63-66      60, 62      68, 54      75, 47      76, 46
62.................................      70, 54     57-60, 64-67      61, 63      69, 55      76, 48      77, 47
63.................................      71, 55     58-61, 65-68      62, 64      70, 56      77, 49      78, 48
64.................................      72, 56     59-62, 66-69      63, 65      71, 57      78, 50      79, 49
65.................................      73, 57     60-63, 67-70      64, 66      72, 58      79, 51      80, 50
66.................................      74, 58     61-64, 68-71      65, 67      73, 59      80, 52      81, 51
67.................................      75, 59     62-65, 69-72      66, 68      74, 60      81, 53      82, 52
68.................................      76, 60     63-66, 70-73      67, 69      75, 61      82, 54      83, 53
69.................................      77, 61     64-67, 71-74      68, 70      76, 62      83, 55          54
----------------------------------------------------------------------------------------------------------------
Note: The parenthetical reference beneath the mileage figures in columns 2 through 7, inclusive, indicate, in
  abbreviated form, the bases for the required mileage separations. For a discussion of these bases, see the
  ``Sixth Report and Order'' of the Commission (FCC 52-294; 17 FR 3905, May 2, 1952). The hyphenated numbers
  listed in column (3) are both inclusive.


[28 FR 13660, Dec. 14, 1963, as amended at 39 FR 20377, June 10, 1974; 
47 FR 35990, Aug. 18, 1982; 50 FR 23701, June 5, 1985; 54 FR 9807, Mar. 
8, 1989]



Sec. 73.699  TV engineering charts.

    This section consists of the following Figures: 1-5, 5a, 6-10, 10a-
10e, 11-12, 13-16.

    Note: The charts as reproduced herein, due to their small scale, are 
not to be used in connection with material submitted to the FCC.

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[[Page 222]]


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[[Page 223]]


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[[Page 224]]


[GRAPHIC] [TIFF OMITTED] TR22NO21.000


[[Page 225]]


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[[Page 226]]


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[[Page 227]]


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[[Page 228]]


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[[Page 229]]



                    Figures 13 through 15 [Reserved]
[GRAPHIC] [TIFF OMITTED] TC01MR91.109


[[Page 230]]


[GRAPHIC] [TIFF OMITTED] TC01MR91.110


[28 FR 13660, Dec. 14, 1963, as amended at 36 FR 17429, Aug. 31, 1971; 
39 FR 40957, Nov. 22, 1974; 40 FR 27684, July 1, 1975; 41 FR 56326, Dec. 
28, 1976; 44 FR 36040, June 20, 1979; 47 FR 3790, Jan. 27, 1982; 47 FR 
35990, Aug. 18, 1982; 50 FR 13972, Apr. 9, 1985; 50 FR 23701, June 5, 
1985; 50 FR 32205, Aug. 9, 1985; 52 FR 11656, Apr. 10, 1987; 54 FR 9807, 
Mar. 8, 1989; 58 FR 29983, May 25, 1993; 86 FR 66210, Nov. 22, 2021]

    Effective Date Note: At 42 FR 25736, May 19, 1977, the effective 
date of Sec. 73.699 Figure 10e was stayed indefinitely.



               Subpart F_International Broadcast Stations



Sec. 73.701  Definitions.

    The following definitions apply to terminology employed in this 
subpart:
    (a) International broadcast stations. A broadcasting station 
employing frequencies allocated to the broadcasting service between 5900 
and 26100 kHz, the transmissions of which are intended to be received 
directly by the general public in foreign countries. (A station may be 
authorized more than one transmitter.) There are both Federal and non-
Federal Government international broadcast stations; only the latter are 
licensed by the Commission and are subject to the rules of this subpart.
    (b) Transmitter-hour. One frequency used on one transmitter for one 
hour.
    (c) Frequency-hour. One frequency used for one hour regardless of 
the number of transmitters over which it is simultaneously broadcast by 
a station during that hour.
    (d) Multiple operation. Broadcasting by a station on one frequency 
over two or more transmitters simultaneously. If a station uses the same 
frequency simultaneously on each of two (three, etc.) transmitters for 
an hour, it uses one frequency-hour and two (three, etc.) transmitter-
hours.
    (e) Coordinated Universal Time (UTC). Time scale, based on the 
second (SI), as defined in Recommendation ITU-R TF.460-6. For most 
practical purposes associated with the ITU Radio Regulations, UTC is 
equivalent to mean solar time at the prime meridian (0[deg] longitude), 
formerly expressed in GMT. (RR)

[[Page 231]]

    (f) Sunspot number. The 12-month running average of the number of 
sunspots for any month as indicated in the U.S. Department of Commerce 
Telecommunications Research and Engineering Report No. 13--available 
from the Superintendent of Documents, Washington, DC 20402. The sunspot 
number varies in an approximate 11-year cycle.
    (g) Day. Any twenty-four hour period beginning 0100 UTC and ending 
0100 UTC.
    (h) Schedule A. That portion of any year commencing at 0100 UTC on 
the last Sunday in March and ending at 0100 UTC on the last Sunday in 
October.
    (i) Schedule B. That portion of any year commencing at 0100 UTC on 
the last Sunday in October and ending at 0100 UTC on the last Sunday in 
March.
    (j) [Reserved]
    (k) Seasonal schedule. An assignment, for a season, of a frequency 
or frequencies, and other technical parameters, to be used by a station 
for transmission to particular zones or areas of reception during 
specified hours.
    (l) Reference month. That month of a season which is used for 
determining predicted propagation characteristics for the season. The 
reference month for Schedule A is July and the reference month for 
Schedule B is December.
    (m) Maximum usable frequency (MUF). The highest frequency which is 
returned by ionospheric radio propagation to the surface of the earth 
for a particular path and time of day for 50 percent of the days of the 
reference month.
    (n) Optimum working frequency (FOT). The highest frequency which is 
returned by ionospheric radio propagation to the surface of the earth 
for a particular path and time of day for 90 percent of the days of the 
reference month.

    Note: The international abbreviation for optimum working frequency, 
FOT, is formed with the initial letters of the French words for 
``optimum working frequency'' which are ``frequence optimum de 
travail.''

    (o) Zone of reception. Any geographic zone indicated in Sec. 73.703 
in which the reception of particular programs is specifically intended 
and in which broadcast coverage is contemplated.
    (p) Area of reception. Any geographic area smaller than a zone of 
reception in which the reception of particular programs is specifically 
intended and in which broadcast coverage is contemplated, such areas 
being indicated by countries or parts of countries.
    (q) Delivered median field strength, or field strength. The field 
strength incident upon the zone or area of reception expressed in 
microvolts per meter, or decibels above one microvolt per meter, which 
is exceeded by the hourly median value for 50 percent of the days of the 
reference month.
    (r) Carrier power. The average power supplied to the antenna 
transmission line by a transmitter during one radio frequency cycle 
under conditions of no modulation.

[38 FR 18892, July 16, 1973, as amended at 68 FR 25538, May 13, 2003; 70 
FR 46676, Aug. 10, 2005]



Sec. 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 electronically in the International Communications Filing 
System (ICFS), 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

[[Page 232]]

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, 
electronically inform the Commission in ICFS 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 
electronically in ICFS 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 electronically 
in ICFS 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. 
Permittees who during the process of construction wish to engage in 
equipment tests shall by informal written request, submitted to the 
Commission electronically in ICFS 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 electronically in ICFS 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) Assigned frequencies. To the extent practicable, the frequencies 
assigned to international broadcast stations shall be within the 
following frequency bands, which are allocated to the broadcasting 
service on a primary and exclusive basis, except as noted in paragraph 
(f)(1)(ii) of this section:
    (1) In all Regions:

[[Page 233]]

    (i) Exclusive: 5,900-6,200 kHz; 7,300-7,350 kHz; 9,400-9,900 kHz; 
11,600-12,100 kHz; 13,570-13,870 kHz; 15,100-15,800 kHz; 17,480-17,900 
kHz; 18,900-19,020 kHz; 21,450-21,850 kHz; and 25,670-26,100 kHz.
    (ii) Co-primary: 7,350-7,400 kHz, except in the countries listed in 
47 CFR 2.106, footnote 5.143C, where this band is also allocated to the 
fixed service on a primary basis.
    (2) In Region 1 and Region 3: 7,200-7,300 kHz and 7,400-7,450 kHz.

    Note to paragraph (f): 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 7,200-7,300 kHz and 7,400-7,450 kHz are not 
allocated to the broadcasting service in Region 2. Subject to not 
causing harmful interference to the broadcasting service, fixed and 
mobile services may operate in certain of the international broadcasting 
bands; see 47 CFR 2.106, footnotes 5.136, 5.143, 5.143A, 5.143B, 5.143D, 
5.146, 5.147, and 5.151.

    (g) [Reserved]
    (h) Requirements for Regional operation. (1) Frequency assignments 
in the bands 7,200-7,300 kHz and 7,400-7,450 kHz shall be restricted to 
international broadcast stations in the Pacific insular areas that are 
located in Region 3 (as defined in 47 CFR 2.105(a), note 3) 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 electronically in ICFS to ensure compliance with 
these restrictions.Permitted gain for transmitter powers less than 100 
kW:

Where:
[GRAPHIC] [TIFF OMITTED] TR01OC21.001

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.
    (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.
    (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.

[[Page 234]]

    (3) Licensees are permitted to engage in multiple operation as 
defined in Sec. 73.701(d).
    (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 made 
electronically in ICFS.
    (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 made 
electronically in ICFS 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 electronically 
in ICFS 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; 75 FR 63031, Oct. 13, 2010; 86 FR 54399, Oct. 1, 2021; 88 FR 
21446, Apr. 10, 2023]



Sec. 73.703  Geographical zones and areas of reception.

    The zones or areas of reception to be served by international 
broadcasting stations shall be based on the following map, and directive 
antennas shall be employed to direct transmissions thereto:

[[Page 235]]

[GRAPHIC] [TIFF OMITTED] TR13MY03.047


[38 FR 18893, July 16, 1973, as amended at 68 FR 25538, May 13, 2003]

[[Page 236]]



Sec. 73.712  Equipment tests.

    (a) During the process of construction of an international 
broadcasting station, the permittee, having obtained authorization for 
frequencies and hours as set forth in the Note to Sec. 73.702(d) may, 
without further authority of the FCC, conduct equipment tests for the 
purpose of such adjustments and measurements as may be necessary to 
assure compliance with the terms of the construction permit, the 
technical provisions of the application therefor and the rules and 
regulations. Such tests shall use voice identification and test tones 
only. No programming shall be conducted during equipment tests.
    (b) The Commission may notify the permittee to conduct no tests or 
may cancel, suspend, or change the date for the beginning of equipment 
tests when and if such action may appear to be in the public interest, 
convenience, and necessity.
    (c) Equipment tests may be continued so long as the construction 
permit shall remain valid: Provided, however, That the procedure set 
forth in paragraph (a) of this section must be repeated prior to the 
conducting of such tests in each season after the season in which the 
testing began.
    (d) The authorization for tests embodied in this section shall not 
be construed as constituting a license to operate but as a necessary 
part of construction.

[28 FR 13696, Dec. 14, 1963, as amended at 37 FR 25842, Dec. 5, 1972. 
Redesignated and amended at 38 FR 18894, July 16, 1973; 47 FR 40174, 
Sept. 13, 1982]



Sec. 73.713  Program tests.

    (a) Upon completion of construction of an international broadcasting 
station in accordance with the terms of the construction permit, the 
technical provisions of the application therefor, and the rules and 
regulations and the applicable engineering standards, and when an 
application for station license has been filed showing the station to be 
in satisfactory operating condition, the permittee may request authority 
to conduct program tests. Such request shall be electronically filed 
with the FCC in the International Communications Filing System (ICFS) at 
least 10 days prior to the date on which it is desired to begin such 
operation. All data necessary to show compliance with the terms and 
conditions of the construction permit must be filed with the license 
application.
    (b) Program tests shall not commence until specific Commission 
authority is received. The Commission reserves the right to change the 
date of the beginning of such tests or to suspend or revoke the 
authority for program tests as and when such action may appear to be in 
the public interest, convenience, and necessity.
    (c) Unless sooner suspended or revoked, program test authority 
continues valid during Commission consideration of the application for 
license and during this period further extension of the construction 
permit is not required. Program test authority shall be automatically 
terminated by final determination upon the application for station 
license.
    (d) All operation under program test authority shall be in strict 
compliance with the rules governing international broadcasting stations 
and in strict accordance with representations made in the application 
for license pursuant to which the tests were authorized.
    (e) The granting of program test authority shall not be construed as 
approval by the Commission of the application for station license.

[38 FR 18894, July 16, 1973, as amended at 47 FR 40174, Sept. 13, 1982; 
86 FR 54401, Oct. 1, 2021; 88 FR 21447, Apr. 10, 2023]



Sec. 73.731  Licensing requirements.

    (a) A license for an international broadcasting station will be 
issued only after a satisfactory showing has been made in regard to the 
following, among others:
    (1) That there is a need for the international broadcasting service 
proposed to be rendered.
    (2) That the necessary program sources are available to the 
applicant to render the international service proposed.
    (3) That the production of the program service and the technical 
operation of the proposed station will be conducted by qualified 
persons.
    (4) That the applicant is legally, technically and financially 
qualified

[[Page 237]]

and possesses adequate technical facilities to carry forward the service 
proposed.
    (5) That the public interest, convenience and necessity will be 
served through the operation of the proposed station.

[38 FR 18895, July 16, 1973]



Sec. 73.732  Authorizations.

    Authorizations issued to international broadcasting stations by the 
Commission will be authorizations to permit the construction or use of a 
particular transmitting equipment combination and related antenna 
systems for international broadcasting, and to permit broadcasting to 
zones or areas of reception specified on the instrument of 
authorization. The authorizations will not specify the frequencies to be 
used or the hours of use. Requests for frequencies and hours of use will 
be made by electronic filing in the International Communications Filing 
System (ICFS) as provided in Sec. 73.702. Seasonal schedules, when 
issued pursuant to the provisions of Sec. 73.702, will become 
attachments to and part of the instrument of authorization, replacing 
any such prior attachments.

[88 FR 21447, Apr. 10, 2023]



Sec. 73.733  Normal license period.

    All international broadcast station licenses will be issued so as to 
expire at the hour of 3 a.m. local time and will be issued for a normal 
period of 8 years expiring November 1.

[62 FR 5347, Feb. 5, 1997]



Sec. 73.751  Operating power.

    No international broadcast station shall be authorized to install, 
or be licensed for operation of, transmitter equipment with:
    (a) A rated carrier power of less than 50 kilowatts (kW) if double-
sideband (DSB) modulation is used,
    (b) A peak envelope power of less than 50 kW if single-sideband 
(SSB) modulation is used, or
    (c) A mean power of less than 10 kW if digital modulation is used.

[70 FR 46676, Aug. 10, 2005]



Sec. 73.753  Antenna systems.

    All international broadcasting stations shall operate with 
directional antennas. Such antennas shall be designed and operated so 
that the radiated power in the maximum lobe toward the specific zone or 
area of reception intended to be served shall be at least 10 times the 
average power from the antenna in the horizontal plane. Radiation in all 
other directions shall be suppressed to the maximum extent technically 
feasible. In order to eliminate or mitigate harmful interference, the 
direction of the maximum lobe may be adjusted upon approval of the 
Commission.

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[38 FR 18895, July 16, 1973, as amended at 44 FR 65765, Nov. 15, 1979]



Sec. 73.754  Frequency monitors.

    (a) The licensee of each international broadcast station shall 
operate a frequency monitor at the transmitter independent of the 
frequency control of the transmitter.
    (b) The frequency monitor shall be designed and constructed in 
accordance with good engineering practice. It shall have an accuracy 
sufficient to determine that the operating frequency is within one-half 
of the allowed tolerance.

[37 FR 25842, Dec. 5, 1972]



Sec. 73.755  Modulation monitors.

    The licensee of each international broadcast station shall have a 
modulation monitor in operation at the transmitter.

[37 FR 25842, Dec. 5, 1972]



Sec. 73.756  System specifications for double-sideband (DBS) modulated emissions in the HF broadcasting service.

    (a) Channel spacing. The nominal spacing for DSB shall be 10 kHz. 
However, the interleaved channels with a separation of 5 kHz may be used 
in accordance with the relative protection criteria, provided that the 
interleaved emission is not to the same geographical area as either of 
the emissions between which it is interleaved.

[[Page 238]]

    (b) Emission characteristics--(1) Nominal carrier frequencies. 
Nominal carrier frequencies shall be integral multiples of 5 kHz.
    (2) Audio-frequency band. The upper limit of the audio-frequency 
band (at--3 dB) of the transmitter shall not exceed 4.5 kHz and the 
lower limit shall be 150 Hz, with lower frequencies attenuated at a 
slope of 6 dB per octave.
    (3) Modulation processing. If audio-frequency signal processing is 
used, the dynamic range of the modulating signal shall be not less than 
20 dB.
    (4) Necessary bandwidth. The necessary bandwidth shall not exceed 9 
kHz.

[70 FR 46677, Aug. 10, 2005]



Sec. 73.757  System specifications for single-sideband (SSB) modulated emissions in the HF broadcasting service.

    (a) System parameters--(1) Channel spacing. In a mixed DSB, SSB and 
digital environment (see Resolution 517 (Rev.WRC-03)), the channel 
spacing shall be 10 kHz. In the interest of spectrum conservation, it is 
also permissible to interleave SSB emissions midway between two adjacent 
DSB channels, i.e., with 5 kHz separation between carrier frequencies, 
provided that the interleaved emission is not to the same geographical 
area as either of the emissions between which it is interleaved. In an 
all inclusive SSB environment, the channel spacing and carrier frequency 
separation shall be 5 kHz.
    (2) Equivalent sideband power. When the carrier reduction relative 
to peak envelope power is 6 dB, an equivalent SSB emission is one giving 
the same audio-frequency signal-to-noise ratio at the receiver output as 
the corresponding DSB emission, when it is received by a DSB receiver 
with envelope detection. This is achieved when the sideband power of the 
SSB emission is 3 dB larger than the total sideband power of the DSB 
emission. (The peak envelope power of the equivalent SSB emission and 
the carrier power are the same as that of the DSB emission.)
    (b) Emission characteristics--(1) Nominal carrier frequencies. 
Nominal carrier frequencies shall be integral multiples of 5 kHz.
    (2) Frequency tolerance. The frequency tolerance shall be 10 Hz.

    Note 1 to paragraph (b)(2): The ITU suggests that administrations 
avoid carrier frequency differences of a few hertz, which cause 
degradations similar to periodic fading. This could be avoided if the 
frequency tolerance were 0.1 Hz, a tolerance which would be suitable for 
SSB emissions.
    Note 2 to paragraph (b)(2): The SSB system adopted for the bands 
allocated exclusively to HF broadcasting does not require a frequency 
tolerance less than 10 Hz. The degradation mentioned in Note 1 occurs 
when the ratio of wanted-to-interfering signal is well below the 
required protection ratio. This remark is equally valid for both DSB and 
SSB emissions.

    (3) Audio-frequency band. The upper limit of the audio-frequency 
band (at--3 dB) of the transmitter shall not exceed 4.5 kHz with a 
further slope of attenuation of 35 dB/kHz and the lower limit shall be 
150 Hz with lower frequencies attenuated at a slope of 6 dB per octave.
    (4) Modulation processing. If audio-frequency signal processing is 
used, the dynamic range of the modulating signal shall be not less than 
20 dB.
    (5) Necessary bandwidth. The necessary bandwidth shall not exceed 
4.5 kHz.
    (6) Carrier reduction (relative to peak envelope power). In a mixed 
DSB, SSB and digital environment, the carrier reduction shall be 6 dB to 
allow SSB emissions to be received by conventional DSB receivers with 
envelope detection without significant deterioration of the reception 
quality.
    (7) Sideband to be emitted. Only the upper sideband shall be used.
    (8) Attenuation of the unwanted sideband. The attenuation of the 
unwanted sideband (lower sideband) and of intermodulation products in 
that part of the emission spectrum shall be at least 35 dB relative to 
the wanted sideband signal level. However, since there is in practice a 
large difference between signal amplitudes in adjacent channels, a 
greater attenuation is recommended.

[70 FR 46677, Aug. 10, 2005]



Sec. 73.758  System specifications for digitally modulated emissions in the HF broadcasting service.

    (a) For digitally modulated emissions, the Digital Radio Mondiale

[[Page 239]]

(DRM) standard shall be employed. Both digital audio broadcasting and 
datacasting are authorized. The RF requirements for the DRM system are 
specified in paragraphs (b) and (c), of this section.
    (b) System parameters--(1) Channel spacing. The initial spacing for 
digitally modulated emissions shall be 10 kHz. However, interleaved 
channels with a separation of 5 kHz may be used in accordance with the 
appropriate protection criteria appearing in Resolution 543 (WRC-03), 
provided that the interleaved emission is not to the same geographical 
area as either of the emissions between which it is interleaved.
    (2) Channel utilization. Channels using digitally modulated 
emissions may share the same spectrum or be interleaved with analog 
emissions in the same high frequency broadcasting (HFBC) band, provided 
the protection afforded to the analog emissions is at least as great as 
that which is currently in force for analog-to-analog protection. 
Accomplishing this may require that the digital spectral power density 
(and total power) be lower by several dB than is currently used for 
either DSB or SSB emissions.
    (c) Emission characteristics--(1) Bandwidth and center frequency. A 
full digitally modulated emission will have a 10 kHz bandwidth with its 
center frequency at any of the 5 kHz center frequency locations in the 
channel raster currently in use within the HFBC bands. Among several 
possible ``simulcast'' modes are those having a combination of analog 
and digital emissions of the same program in the same channel, that may 
use a digital emission of 5 kHz or 10 kHz bandwidth, next to either a 5 
kHz or 10 kHz analog emission. In all cases of this type, the 5 kHz 
interleaved raster used in HFBC shall be adhered to in placing the 
emission within these bands.
    (2) Frequency tolerance. The frequency tolerance shall be 10 Hz. See 
Section 73.757(b)(2), notes 1 and 2.
    (3) Audio-frequency band. The quality of service, using digital 
source coding within a 10 kHz bandwidth, taking into account the need to 
adapt the emission coding for various levels of error avoidance, 
detection and correction, can range from the equivalent of monophonic FM 
(approximately 15 kHz) to the low-level performance of a speech codec 
(of the order of 3 kHz). The choice of audio quality is connected to the 
needs of the broadcaster and listener, and includes the consideration of 
such characteristics as the propagation conditions expected. There is no 
single specification, only the upper and lower bounds noted in this 
paragraph.
    (4) Modulation. Quadrature amplitude modulation (QAM) with 
orthogonal frequency division multiplexing (OFDM) shall be used. 64-QAM 
is feasible under many propagation conditions; others such as 32-, 16- 
and 8-QAM are specified for use when needed.
    (5) RF protection ratio values. The protection ratio values for 
analogue and digital emissions for co-channel and adjacent channel 
conditions shall be in accordance with Resolution 543 (WRC-03) as 
provisional RF protection ratio values subject to revision or 
confirmation by a future competent conference.

[70 FR 46677, Aug. 10, 2005]



Sec. 73.759  Auxiliary transmitters.

    Upon showing that a need exists for the use of auxiliary 
transmitters, a license may be issued provided that:
    (a) Auxiliary transmitters may be installed either at the same 
location as the main transmitters or at another location.
    (b) [Reserved]
    (c) The auxiliary transmitters shall be maintained so that they may 
be put into immediate operation at any time for the following purposes:
    (1) The transmission of the regular programs upon the failure of the 
main transmitters.
    (2) The transmission of regular programs during maintenance or 
modification work on the main transmitter, necessitating discontinuance 
of its operation for a period not to exceed 5 days. (This includes the 
equipment changes which may be made without authority as set forth 
elsewhere in the rules and regulations or as authorized by the 
Commission by letter or by construction permit. Where such operation is 
required for periods in excess of 5 days,

[[Page 240]]

request therefor shall be made electronically in the International 
Communications Filing System (ICFS) in accordance with Sec. 73.3542).
    (3) Upon request by a duly authorized representative of the 
Commission.
    (d) The auxiliary transmitters shall be tested at least once each 
week to determine that they are in proper operating condition and that 
they are adjusted to the proper frequency except that in the case of 
operation in accordance with paragraph (c) of this section during any 
week, the test in that week may be omitted provided the operation under 
paragraph (c) of this section is satisfactory. A record shall be kept of 
the time and result of each test. Such records shall be retained for a 
period of two years.
    (e) The auxiliary transmitters shall be equipped with satisfactory 
control equipment which will enable the maintenance of the frequency 
emitted by the station within the limits prescribed by the regulations 
in this part.
    (f) The operating power of an auxiliary transmitter may be less but 
not greater than the authorized power of the main transmitters.

[28 FR 13696, Dec. 14, 1963, as amended at 37 FR 25843, Dec. 5, 1972; 60 
FR 55480, Nov. 1, 1995. Redesignated at 70 FR 46677, Aug. 10, 2005, as 
amended at 86 FR 54401, Oct. 1, 2021; 88 FR 21447, Apr. 10, 2023]



Sec. 73.760  Alternate main transmitters.

    The licensee of an international broadcast station may be licensed 
for alternate main transmitters provided that a technical need for such 
alternate transmitters is shown and that the following conditions are 
met: Both transmitters:
    (a) Are located at the same place;
    (b) Shall have the same power rating; and
    (c) Shall meet the construction, installation, operation, and 
performance requirements of good engineering practice.

[37 FR 25843, Dec. 5, 1972. Redesignated at 70 FR 46677, Aug. 10, 2005]



Sec. 73.761  Modification of transmission systems.

    Specific authority, upon electronic filing of a formal application 
(FCC Form 309) therefor in the International Communications Filing 
System (ICFS), is required for any of the following changes:
    (a) Change involving an increase or decrease in the power rating of 
the transmitters.
    (b) A replacement of the transmitters as a whole.
    (c) Change in the location of the transmitting antenna.
    (d) Change in the power delivered to the antenna.
    (e) Change in frequency control and/or modulation system.
    (f) Change in direction or gain of antenna system.
    (g) Other changes, not specified above in this section, may be made 
at any time without the authority of the Commission: Provided, That the 
Commission shall be immediately notified electronically in ICFS thereof 
and such changes shall be shown in the next application for renewal of 
license.

[86 FR 54401, Oct. 1, 2021, as amended at 88 FR 21447, Apr. 10, 2023]



Sec. 73.762  Time of operation.

    (a) All international broadcasting stations shall operate in 
accordance with the times indicated on their seasonal schedules.
    (b) In the event that causes beyond a licensee's control make it 
impossible to adhere to the seasonal schedule or to continue operating, 
the station may limit or discontinue operation for a period of not more 
than 10 days, without further authority from the FCC. However, in such 
cases, the FCC shall be immediately notified by electronic filing in the 
International Communications Filing System (ICFS) of such limitation or 
discontinuance of operation and shall subsequently be notified by 
electronic filing in ICFS when the station resumes regular operation.
    (c) In the event that causes beyond a licensee's control make it 
impossible to adhere to the seasonal schedule or to continue operating 
for a temporary period of more than 10 days, the station may not limit 
or discontinue operation until it requests and receives specific 
authority to do so from the FCC by electronic filing in ICFS. When the 
station subsequently resumes regular operation after such limited 
operation or discontinuance of operation, it shall

[[Page 241]]

notify the FCC in Washington, DC by electronic filing in ICFS. The 
license of a broadcasting station that fails to transmit broadcast 
signals for any consecutive 12-month period expires as a matter of law 
at the end of that period, notwithstanding any provision, term, or 
condition of the license to the contrary.

[38 FR 18895, July 16, 1973, as amended at 47 FR 40174, Sept. 13, 1982; 
61 FR 28767, June 6, 1996. Redesignated at 70 FR 46677, Aug. 10, 2005; 
86 FR 54401, Oct. 1, 2021; 88 FR 21447, Apr. 10, 2023]



Sec. 73.765  Determining operating power.

    The operating power specified in Sec. 73.751 shall be determined by 
use of a calibrated dummy load or by any other method specified by the 
licensee and accepted by the Commission. Such method may subsequently be 
used by the licensee to maintain the authorized operating power.

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[38 FR 18895, July 16, 1973, as amended at 44 FR 65765, Nov. 15, 1979]



Sec. 73.766  [Reserved]



Sec. 73.781  Logs.

    The licensee or permittee of each international broadcast station 
must maintain the station log in the following manner:
    (a) In the program log:
    (1) An entry of the time each station identification announcement 
(call letters and location) is made.
    (2) An entry briefly describing each program broadcast, such as 
``music'', ``drama'', ``speech'', etc., together with the name or title 
thereof, language, and the sponsor's name, with the time of the 
beginning and ending of the complete program.
    (3) For each program of network origin, an entry showing the name of 
the network originating the program.

[28 FR 13696, Dec. 14, 1963, as amended at 37 FR 25843, Dec. 5, 1972; 48 
FR 38480, Aug. 24, 1983]



Sec. 73.782  Retention of logs.

    Logs of international broadcast stations shall be retained by the 
licensee or permittee for a period of two years: Provided, however, That 
logs involving communications incident to a disaster or which include 
communications incident to or involved in an investigation by the 
Commission and concerning which the licensee or permittee has been 
notified, shall be retained by the licensee or permittee until he is 
specifically authorized in writing by the Commission to destroy them: 
Provided, further, That logs incident to or involved in any claim or 
complaint of which the licensee or permittee has notice shall be 
retained by the licensee or permittee until such claim or complaint has 
been fully satisfied or until the same has been barred by statute 
limiting the time for the filing of suits upon such claims.

[28 FR 13696, Dec. 14, 1963]



Sec. 73.787  Station identification.

    (a) A licensee of an international broadcast station shall make 
station identification announcement (call letters and location), at the 
beginning and ending of each time of operation and during the operation 
on the hour.
    (b) Station identification, program announcements, and oral 
continuity shall be made with international significance (language 
particularly) which is designed for the foreign country or countries for 
which the service is primarily intended.

[28 FR 13696, Dec. 14, 1963, as amended at 34 FR 19762, Dec. 17, 1969; 
38 FR 18896, July 16, 1973]



Sec. 73.788  Service; commercial or sponsored programs.

    (a) A licensee of an international broadcast station shall render 
only an international broadcast service which will reflect the culture 
of this country and which will promote international goodwill, 
understanding, and cooperation. Any program solely intended for and 
directed to an audience in the continental United States does not meet 
the requirements for this service.
    (b) Such international broadcast service may include commercial or 
sponsored programs: Provided, That:
    (1) Commercial program continuities give no more than the name of 
the sponsor of the program and the name

[[Page 242]]

and general character of the commodity, utility or service, or 
attraction advertised.
    (2) In case of advertising a commodity, the commodity is regularly 
sold or is being promoted for sale on the open market in the foreign 
country or countries to which the program is directed in accordance with 
paragraph (c) of this section.
    (3) In case of advertising an American utility or service to 
prospective tourists or visitors to the United States, the advertisement 
continuity is particularly directed to such persons in the foreign 
country or countries where they reside and to which the program is 
directed in accordance with paragraph (c) of this section.
    (4) In case of advertising an international attraction (such as a 
world fair, resort, spa, etc.) to prospective tourists or visitors to 
the United States, the oral continuity concerning such attraction is 
consistent with the purpose and intent of this section.
    (5) In case of any other type of advertising, such advertising is 
directed to the foreign country or countries to which the program is 
directed and is consistent with the purpose and intent of this section.
    (c) The geographic areas to be served by international broadcasting 
stations are the zones and areas of reception shown in Sec. 73.703.
    (d) An international broadcast station may transmit the program of a 
AM broadcast station or network system: Provided, That the conditions in 
paragraph (b) of this section as to any commercial continuities are 
observed and when station identifications are made, only the call letter 
designation of the international station is given and its assigned 
frequency: And provided further, That in the case of chain broadcasting 
the program is not carried simultaneously by another international 
station (except another station owned by the same licensee operated on a 
frequency in a different group to obtain continuity of signal service), 
the signals from which are directed to the same area. (See section 3(p) 
of the Communications Act of 1934 for the definition of ``chain 
broadcasting.'')

[28 FR 13696, Dec. 14, 1963, as amended at 37 FR 25843, Dec. 5, 1972; 38 
FR 18896, July 16, 1973]



            Subpart G_Low Power FM Broadcast Stations (LPFM)

    Source: 65 FR 7640, Feb. 15, 2000, unless otherwise noted.



Sec. 73.801  Broadcast regulations applicable to LPFM stations.

    The following rules are applicable to LPFM stations:

Section 73.201 Numerical definition of FM broadcast channels.
Section 73.220 Restrictions on use of channels.
Section 73.267 Determining operating power.
Section 73.277 Permissible transmissions.
Section 73.297 FM stereophonic sound broadcasting.
Section 73.310 FM technical definitions.
Section 73.312 Topographic data.
Section 73.318 FM blanketing interference.
Section 73.322 FM stereophonic sound transmission standards.
Section 73.333 Engineering charts.
Section 73.503 Licensing requirements and service.
Section 73.508 Standards of good engineering practice.
Section 73.593 Subsidiary communications services.
Section 73.1015 Truthful written statements and responses to Commission 
inquiries and correspondence.
Section 73.1030 Notifications concerning interference to radio 
astronomy, research and receiving installations.
Section 73.1201 Station identification.
Section 73.1206 Broadcast of telephone conversations.
Section 73.1207 Rebroadcasts.
Section 73.1208 Broadcast of taped, filmed, or recorded material.
Section 73.1210 TV/FM dual-language broadcasting in Puerto Rico.
Section 73.1211 Broadcast of lottery information.
Section 73.1212 Sponsorship identification; list retention; related 
requirements.
Section 73.1213 Antenna structure, marking and lighting.
Section 73.1216 Licensee-conducted contests.
Section 73.1217 Broadcast hoaxes.
Section 73.1250 Broadcasting emergency information.
Section 73.1300 Unattended station operation.

[[Page 243]]

Section 73.1400 Transmission system monitoring and control.
Section 73.1520 Operation for tests and maintenance.
Section 73.1540 Carrier frequency measurements.
Section 73.1545 Carrier frequency departure tolerances.
Section 73.1570 Modulation levels: AM, FM, and TV aural.
Section 73.1580 Transmission system inspections.
Section 73.1610 Equipment tests.
Section 73.1620 Program tests.
Section 73.1650 International agreements.
Section 73.1660 Acceptability of broadcast transmitters.
Section 73.1665 Main transmitters.
Section 73.1692 Broadcast station construction near or installation on 
an AM broadcast tower.
Section 73.1745 Unauthorized operation.
Section 73.1750 Discontinuance of operation.
Section 73.1920 Personal attacks.
Section 73.1940 Legally qualified candidates for public office.
Section 73.1941 Equal opportunities.
Section 73.1943 Political file.
Section 73.1944 Reasonable access.
Section 73.3511 Applications required.
Section 73.3512 Where to file; number of copies.
Section 73.3513 Signing of applications.
Section 73.3514 Content of applications.
Section 73.3516 Specification of facilities.
Section 73.3517 Contingent applications.
Section 73.3518 Inconsistent or conflicting applications.
Section 73.3519 Repetitious applications.
Section 73.3520 Multiple applications.
Section 73.3525 Agreements for removing application conflicts.
Section 73.3539 Application for renewal of license.
Section 73.3542 Application for emergency authorization.
Section 73.3545 Application for permit to deliver programs to foreign 
stations.
Section 73.3550 Requests for new or modified call sign assignments.
Section 73.3561 Staff consideration of applications requiring Commission 
consideration.
Section 73.3562 Staff consideration of applications not requiring action 
by the Commission.
Section 73.3566 Defective applications.
Section 73.3568 Dismissal of applications.
Section 73.3580 Local public notice of filing of broadcast applications.
Section 73.3584 Procedure for filing petitions to deny.
Section 73.3587 Procedure for filing informal objections.
Section 73.3588 Dismissal of petitions to deny or withdrawal of informal 
objections.
Section 73.3589 Threats to file petitions to deny or informal 
objections.
Section 73.3591 Grants without hearing.
Section 73.3593 Designation for hearing.
Section 73.3598 Period of construction.
Section 73.3599 Forfeiture of construction permit.
Section 73.3999 Enforcement of 18 U.S.C. 1464--restrictions on the 
transmission of obscene and indecent material.

[65 FR 7640, Feb. 15, 2000, as amended at 84 FR 2758, Feb. 8, 2019; 85 
FR 36794, June 18, 2020]



Sec. 73.805  Availability of channels.

    Except as provided in Sec. 73.220 of this chapter, all of the 
frequencies listed in Sec. 73.201 of this chapter are available for 
LPFM stations.



Sec. 73.807  Minimum distance separation between stations.

    Minimum separation requirements for LPFM stations are listed in the 
following paragraphs. Except as noted below, an LPFM station will not be 
authorized unless the co-channel, and first- and second-adjacent channel 
separations are met. An LPFM station need not satisfy the third-adjacent 
channel separations listed in paragraphs (a) through (c) of this section 
in order to be authorized. The third-adjacent channel separations are 
included for use in determining for purposes of Sec. 73.810 which 
third-adjacent channel interference regime applies to an LPFM station. 
Minimum distances for co-channel and first-adjacent channel are 
separated into two columns. The left-hand column lists the required 
minimum separation to protect other stations and the right-hand column 
lists (for informational purposes only) the minimum distance necessary 
for the LPFM station to receive no interference from other stations 
assumed to be operating at the maximum permitted facilities for the 
station class. For second-adjacent channel, the required minimum 
distance separation is sufficient to avoid interference received from 
other stations.
    (a)(1) An LPFM station will not be authorized initially unless the 
minimum distance separations in the following table are met with respect 
to authorized FM stations, applications for new and existing FM stations 
filed prior to the release of the public notice

[[Page 244]]

announcing an LPFM window period, authorized LPFM stations, LPFM station 
applications that were timely-filed within a previous window, and vacant 
FM allotments. LPFM modification applications must either meet the 
distance separations in the following table or, if short-spaced, not 
lessen the spacing to subsequently authorized stations.

----------------------------------------------------------------------------------------------------------------
                                   Co-channel minimum separation  First-adjacent channel minimum    Second and
                                               (km)                       separation (km)         third adjacent
                                 ----------------------------------------------------------------     channel
                                                      For no                          For no          minimum
 Station class protected by LPFM                   interference                    interference     separation
                                     Required      received from     Required      received from       (km)
                                                    max. class                      max. class   ---------------
                                                     facility                        facility        Required
----------------------------------------------------------------------------------------------------------------
LPFM............................              24              24              14              14            None
D...............................              24              24              13              13               6
A...............................              67              92              56              56              29
B1..............................              87             119              74              74              46
B...............................             112             143              97              97              67
C3..............................              78             119              67              67              40
C2..............................              91             143              80              84              53
C1..............................             111             178             100             111              73
C0..............................             122             193             111             130              84
C...............................             130             203             120             142              93
----------------------------------------------------------------------------------------------------------------

    (2) LPFM stations must satisfy the second-adjacent channel minimum 
distance separation requirements of paragraph (a)(1) of this section 
with respect to any third-adjacent channel FM station that, as of 
September 20, 2000, broadcasts a radio reading service via a subcarrier 
frequency.
    (b) In addition to meeting or exceeding the minimum separations in 
paragraph (a) of this section, new LPFM stations will not be autorized 
in Puerto Rico or the Virgin Islands unless the minimum distance 
separations in the following tables are met with respect to authorized 
or proposed FM stations:

----------------------------------------------------------------------------------------------------------------
                                   Co-channel minimum separation  First-adjacent channel minimum
                                               (km)                       separation (km)           Second and
                                 ---------------------------------------------------------------- third adjacent
                                                      For no                          For no          channel
 Station class protected by LPFM                   interference                    interference       minimum
                                     Required      received from     Required      received from    separation
                                                    max. class                      max. class    (km)--required
                                                     facility                        facility
----------------------------------------------------------------------------------------------------------------
A...............................              80             111              70              70              42
B1..............................              95             128              82              82              53
B...............................             138             179             123             123              92
----------------------------------------------------------------------------------------------------------------


    Note to paragraphs (a) and (b): Minimum distance separations towards 
``grandfathered'' superpowered Reserved Band stations are as specified. 
Full service FM stations operating within the reserved band (Channels 
201-220) with facilities in excess of those permitted in Sec. 
73.211(b)(1) or (b)(3) shall be protected by LPFM stations in accordance 
with the minimum distance separations for the nearest class as 
determined under Sec. 73.211. For example, a Class B1 station operating 
with facilities that result in a 60 dBu contour that exceeds 39 
kilometers but is less than 52 kilometers would be protected by the 
Class B minimum distance separations. Class D stations with 60 dBu 
contours that exceed 5 kilometers will be protected by the Class A 
minimum distance separations. Class B stations with 60 dBu contours that 
exceed 52 kilometers will be protected as Class C1 or Class C stations 
depending upon the distance to the 60 dBu contour. No stations will be 
protected beyond Class C separations.

    (c) In addition to meeting the separations specified in paragraphs 
(a) and (b), LPFM applications must meet the minimum separation 
requirements in the following table with respect to authorized FM 
translator stations, cutoff FM translator applications, and FM

[[Page 245]]

translator applications filed prior to the release of the Public Notice 
announcing the LPFM window period.

----------------------------------------------------------------------------------------------------------------
                                   Co-channel minimum separation  First-adjacent channel minimum    Second and
                                               (km)                       separation (km)         third adjacent
Distance to FM translator 60 dBu ----------------------------------------------------------------     channel
             contour                                  For no                          For no          minimum
                                     Required      interference      Required      interference     separation
                                                     received                        received     (km)--required
----------------------------------------------------------------------------------------------------------------
13.3 km or greater..............              39              67              28              35              21
Greater than 7.3 km, but less                 32              51              21              26              14
 than 13.3 km...................
7.3 km or less..................              26              30              15              16               8
----------------------------------------------------------------------------------------------------------------

    (d) Existing LPFM stations which do not meet the separations in 
paragraphs (a) through (c) of this section may be relocated provided 
that the separation to any short-spaced station is not reduced.
    (e)(1) Waiver of the second-adjacent channel separations. The 
Commission will entertain requests to waive the second-adjacent channel 
separations in paragraphs (a) through (c) of this section on a case-by-
case basis. In each case, the LPFM station must establish, using methods 
of predicting interference taking into account all relevant factors, 
including terrain-sensitive propagation models, that its proposed 
operations will not result in interference to any authorized radio 
service. The LPFM station may do so by demonstrating that no actual 
interference will occur due to intervening terrain or lack of 
population. The LPFM station may use an undesired/desired signal 
strength ratio methodology to define areas of potential interference.
    (2) Interference. (i) Upon receipt of a complaint of interference 
from an LPFM station operating pursuant to a waiver granted under 
paragraph (e)(1) of this section, the Commission shall notify the 
identified LPFM station by telephone or other electronic communication 
within one business day.
    (ii) An LPFM station that receives a waiver under paragraph (e)(1) 
of this section shall suspend operation immediately upon notification by 
the Commission that it is causing interference to the reception of an 
existing or modified full-service FM station without regard to the 
location of the station receiving interference. The LPFM station shall 
not resume operation until such interference has been eliminated or it 
can demonstrate to the Commission that the interference was not due to 
emissions from the LPFM station. Short test transmissions may be made 
during the period of suspended operation to check the efficacy of 
remedial measures.
    (f) Commercial and noncommercial educational stations authorized 
under subparts B and C of this part, as well as new or modified 
commercial FM allotments, are not required to adhere to the separations 
specified in this rule section, even where new or increased interference 
would be created.
    (g) International considerations within the border zones. (1) Within 
320 km of the Canadian border, LPFM stations must meet the following 
minimum separations with respect to any Canadian stations:

----------------------------------------------------------------------------------------------------------------
                                                                      Second-                      Intermediate
     Canadian station class         Co-channel    First-adjacent     adjacent     Third-adjacent  frequency (IF)
                                       (km)        channel (km)    channel (km)    channel (km)    channel (km)
----------------------------------------------------------------------------------------------------------------
A1 & Low Power..................              45              30              21              20               4
A...............................              66              50              41              40               7
B1..............................              78              62              53              52               9
B...............................              92              76              68              66              12
C1..............................             113              98              89              88              19
C...............................             124             108              99              98              28
----------------------------------------------------------------------------------------------------------------


[[Page 246]]

    (2) Within 320 km of the Mexican border, LPFM stations must meet the 
following separations with respect to any Mexican stations:

----------------------------------------------------------------------------------------------------------------
                                                                                    Second- and    Intermediate
              Mexican station class                 Co-channel    First-adjacent  third-adjacent  frequency (IF)
                                                       (km)        channel (km)    channel (km)    channel (km)
----------------------------------------------------------------------------------------------------------------
Low Power.......................................              27              17               9               3
A...............................................              43              32              25               5
AA..............................................              47              36              29               6
B1..............................................              67              54              45               8
B...............................................              91              76              66              11
C1..............................................              91              80              73              19
C...............................................             110             100              92              27
----------------------------------------------------------------------------------------------------------------

    (3) The Commission will notify the International Telecommunications 
Union (ITU) of any LPFM authorizations in the US Virgin Islands. Any 
authorization issued for a US Virgin Islands LPFM station will include a 
condition that permits the Commission to modify, suspend or terminate 
without right to a hearing if found by the Commission to be necessary to 
conform to any international regulations or agreements.
    (4) The Commission will initiate international coordination of a 
LPFM proposal even where the above Canadian and Mexican spacing tables 
are met, if it appears that such coordination is necessary to maintain 
compliance with international agreements.
    (5)(i) LPFM stations located within 125 kilometers of the Mexican 
border are limited to 50 watts (0.05 kW) ERP, a 60 dBu service contour 
of 8.7 kilometers and a 34 dBu interfering contour of 32 kilometers in 
the direction of the Mexican border. LPFM stations may operate up to 100 
watts in all other directions.
    (ii) LPFM stations located between 125 kilometers and 320 kilometers 
from the Mexican border may operate in excess of 50 watts, up to a 
maximum ERP of 100 watts. However, in no event shall the location of the 
60 dBu contour lie within 116.3 kilometers of the Mexican border.
    (iii) Applications for LPFM stations within 320 kilometers of the 
Canadian border may employ an ERP of up to a maximum of 100 watts. The 
distance to the 34 dBu interfering contour may not exceed 60 kilometers 
in any direction.

[78 FR 2102, Jan. 9, 2013, as amended at 85 FR 35573, June 11, 2020]



Sec. 73.808  Distance computations.

    For the purposes of determining compliance with any LPFM distance 
requirements, distances shall be calculated in accordance with Sec. 
73.208(c) of this part.



Sec. 73.809  Interference protection to full service FM stations.

    (a) If a full service commercial or NCE FM facility application is 
filed subsequent to the filing of an LPFM station facility application, 
such full service station is protected against any condition of 
interference to the direct reception of its signal that is caused by 
such LPFM station operating on the same channel or first-adjacent 
channel provided that the interference is predicted to occur and 
actually occurs within:
    (1) The 3.16 mV/m (70 dBu) contour of such full service station;
    (2) The community of license of such full service station; or
    (3) Any area of the community of license of such full service 
station that is predicted to receive at least a 1 mV/m (60 dBu) signal. 
Predicted interference shall be calculated in accordance with the ratios 
set forth in Sec. 73.215 paragraphs (a)(1) and (a)(2). Intermediate 
frequency (IF) channel interference overlap will be determined based 
upon overlap of the 91 dBu F(50,50) contours of the FM and LPFM 
stations. Actual interference will be considered to occur whenever 
reception of a regularly used signal is impaired by the signal radiated 
by the LPFM station.

[[Page 247]]

    (b) An LPFM station will be provided an opportunity to demonstrate 
in connection with the processing of the commercial or NCE FM 
application that interference as described in paragraph (a) of this 
section is unlikely. If the LPFM station fails to so demonstrate, it 
will be required to cease operations upon the commencement of program 
tests by the commercial or NCE FM station.
    (c) Complaints of actual interference by an LPFM station subject to 
paragraphs (a) and (b) of this section must be served on the LPFM 
licensee and the Federal Communications Commission, attention Audio 
Services Division. The LPFM station must suspend operations within 
twenty-four hours of the receipt of such complaint unless the 
interference has been resolved to the satisfaction of the complainant on 
the basis of suitable techniques. An LPFM station may only resume 
operations at the direction of the Federal Communications Commission. If 
the Commission determines that the complainant has refused to permit the 
LPFM station to apply remedial techniques that demonstrably will 
eliminate the interference without impairment of the original reception, 
the licensee of the LPFM station is absolved of further responsibility 
for the complaint.
    (d) It shall be the responsibility of the licensee of an LPFM 
station to correct any condition of interference that results from the 
radiation of radio frequency energy outside its assigned channel. Upon 
notice by the FCC to the station licensee or operator that such 
interference is caused by spurious emissions of the station, operation 
of the station shall be immediately suspended and not resumed until the 
interference has been eliminated. However, short test transmissions may 
be made during the period of suspended operation to check the efficacy 
of remedial measures.
    (e) In each instance where suspension of operation is required, the 
licensee shall submit a full report to the FCC in Washington, DC, after 
operation is resumed, containing details of the nature of the 
interference, the source of the interfering signals, and the remedial 
steps taken to eliminate the interference.

[65 FR 7640, Feb. 15, 2000, as amended at 65 FR 67302, Nov. 9, 2000; 73 
FR 3216, Jan. 17, 2008; 78 FR 2104, Jan. 9, 2013]



Sec. 73.810  Third adjacent channel interference.

    (a) LPFM Stations Licensed at Locations That Do Not Satisfy Third-
Adjacent Channel Minimum Distance Separations. An LPFM station licensed 
at a location that does not satisfy the third-adjacent channel minimum 
distance separations set forth in Sec. 73.807 is subject to the 
following provisions:
    (1) Such an LPFM station will not be permitted to continue to 
operate if it causes any actual third-adjacent channel interference to:
    (i) The transmission of any authorized broadcast station; or
    (ii) The reception of the input signal of any TV translator, TV 
booster, FM translator or FM booster station; or
    (iii) The direct reception by the public of the off-the-air signals 
of any full-service station or previously authorized secondary station. 
Interference will be considered to occur whenever reception of a 
regularly used signal on a third-adjacent channel is impaired by the 
signals radiated by the LPFM station, regardless of the quality of such 
reception, the strength of the signal so used, or the channel on which 
the protected signal is transmitted.
    (2) If third-adjacent channel interference cannot be properly 
eliminated by the application of suitable techniques, operation of the 
offending LPFM station shall be suspended and shall not be resumed until 
the interference has been eliminated. Short test transmissions may be 
made during the period of suspended operation to check the efficacy of 
remedial measures. If a complainant refuses to permit the licensee of 
the offending LPFM station to apply remedial techniques which 
demonstrably will eliminate the third-adjacent channel interference 
without impairment to the original reception, the licensee is absolved 
of further responsibility for that complaint.
    (3) Upon notice by the Commission to the licensee that such third-
adjacent channel interference is being caused, the operation of the LPFM 
station

[[Page 248]]

shall be suspended within three minutes and shall not be resumed until 
the interference has been eliminated or it can be demonstrated that the 
interference is not due to spurious emissions by the LPFM station; 
provided, however, that short test transmissions may be made during the 
period of suspended operation to check the efficacy of remedial 
measures.
    (b) LPFM stations licensed at locations that satisfy third-adjacent 
channel minimum distance separations. An LPFM station licensed at a 
location that satisfies the third-adjacent channel minimum distance 
separations set forth in Sec. 73.807 is subject to the following 
provisions:
    (1) Interference complaints and remediation. (i) Such an LPFM 
station is required to provide copies of all complaints alleging that 
its signal is causing third-adjacent channel interference to or 
impairing the reception of the signal of a full power FM, FM translator 
or FM booster station to such affected station and to the Commission.
    (ii) A full power FM, FM translator or FM booster station shall 
review all complaints it receives, either directly or indirectly, from 
listeners regarding alleged third-adjacent channel interference caused 
by the operations of such an LPFM station. Such full power FM, FM 
translator or FM booster station shall also identify those that qualify 
as bona fide complaints under this section and promptly provide such 
LPFM station with copies of all bona fide complaints. A bona fide 
complaint:
    (A) Must include current contact information for the complainant;
    (B) Must state the nature and location of the alleged third-adjacent 
channel interference and must specify the call signs of the LPFM station 
and affected full power FM, FM translator or FM booster station, and the 
type of receiver involved; and
    (C) Must be received by either the LPFM station or the affected full 
power FM, FM translator or FM booster station within one year of the 
date on which the LPFM station commenced broadcasts with its currently 
authorized facilities.
    (iii) The Commission will accept bona fide complaints and will 
notify the licensee of the LPFM station allegedly causing third-adjacent 
channel interference to the signal of a full power FM, FM translator or 
FM booster station of the existence of the alleged interference within 7 
calendar days of the Commission's receipt of such complaint.
    (iv) Such an LPFM station will be given a reasonable opportunity to 
resolve all complaints of third-adjacent channel interference within the 
protected contour of the affected full power FM, FM translator or FM 
booster station. A complaint will be considered resolved where the 
complainant does not reasonably cooperate with an LPFM station's 
remedial efforts. Such an LPFM station also is encouraged to address all 
other complaints of third-adjacent channel interference, including 
complaints based on interference to a full power FM, FM translator or FM 
booster station by the transmitter site of the LPFM station at any 
distance from the full power, FM translator or FM booster station.
    (v) In the event that the number of unresolved complaints of third-
adjacent channel interference within the protected contour of the 
affected full power FM, FM translator or FM booster station plus the 
number of complaints for which the source of third-adjacent channel 
interference remains in dispute equals at least one percent of the 
households within one kilometer of the LPFM transmitter site or thirty 
households, whichever is less, the LPFM and affected stations must 
cooperate in an ``on-off'' test to determine whether the third-adjacent 
channel interference is traceable to the LPFM station.
    (vi) If the number of unresolved and disputed complaints of third-
adjacent channel interference within the protected contour of the 
affected full power, FM translator or FM booster station exceeds the 
numeric threshold specified in paragraph (b)(1)(v) of this section 
following an ``on-off'' test, the affected station may request that the 
Commission initiate a proceeding to consider whether the LPFM station 
license should be modified or cancelled, which will be completed by the 
Commission within 90 days. Parties may seek extensions of the 90-day 
deadline consistent with Commission rules.

[[Page 249]]

    (vii) An LPFM station may stay any procedures initiated pursuant to 
paragraph (b)(1)(vi) of this section by voluntarily ceasing operations 
and filing an application for facility modification within twenty days 
of the commencement of such procedures.
    (2) Periodic announcements. (i) For a period of one year from the 
date of licensing of a new LPFM station that is constructed on a third-
adjacent channel and satisfies the third-adjacent channel minimum 
distance separations set forth in Sec. 73.807, such LPFM station shall 
broadcast periodic announcements. The announcements shall, at a minimum, 
alert listeners of the potentially affected third-adjacent channel 
station of the potential for interference, instruct listeners to contact 
the LPFM station to report any interference, and provide contact 
information for the LPFM station. The announcements shall be made in the 
primary language(s) of both the new LPFM station and the potentially 
affected third-adjacent channel station(s). Sample announcement language 
follows:

    On (date of license grant), the Federal Communications Commission 
granted (LPFM station's call letters) a license to operate. (LPFM 
station's call letters) may cause interference to the operations of 
(third-adjacent channel station's call letters) and (other third-
adjacent channel stations' call letters). If you are normally a listener 
of (third-adjacent channel station's call letters) or (other third-
adjacent channel station's call letters) and are having difficulty 
receiving (third-adjacent channel station call letters) or (other third-
adjacent channel station's call letters), please contact (LPFM station's 
call letters) by mail at (mailing address) or by telephone at (telephone 
number) to report this interference.

    (ii) During the first thirty days after licensing of a new LPFM 
station that is constructed on a third-adjacent channel and satisfies 
the third-adjacent channel minimum distance separations set forth in 
Section 73.807, the LPFM station must broadcast the announcements 
specified in paragraph (b)(2)(i) of this section at least twice daily. 
The first daily announcement must be made between the hours of 7 a.m. 
and 9 a.m., or 4 p.m. and 6 p.m. The LPFM station must vary the time 
slot in which it airs this announcement. For stations that do not 
operate at these times, the announcements shall be made during the first 
two hours of broadcast operations each day. The second daily 
announcement must be made outside of the 7 a.m. to 9 a.m. and 4 p.m. to 
6 p.m. time slots. The LPFM station must vary the times of day in which 
it broadcasts this second daily announcement in order to ensure that the 
announcements air during all parts of its broadcast day. For stations 
that do not operate at these times, the announcements shall be made 
during the first two hours of broadcast operations each day. For the 
remainder of the one year period, the LPFM station must broadcast the 
announcements at least twice per week. The announcements must be 
broadcast between the hours of 7 a.m. and midnight. For stations that do 
not operate at these times, the announcements shall be made during the 
first two hours of broadcast operations each day.
    (iii) Any new LPFM station that is constructed on a third-adjacent 
channel and satisfies the minimum distance separations set forth in 
Sec. 73.807 must:
    (A) notify the Audio Division, Media Bureau, and all affected 
stations on third-adjacent channels of an interference complaint. The 
notification must be made electronically within 48 hours after the 
receipt of an interference complaint by the LPFM station; and
    (B) cooperate in addressing any third-adjacent channel interference.

[78 FR 2104, Jan. 9, 2013, as amended at 85 FR 35573, June 11, 2020]



Sec. 73.811  LPFM power and antenna height requirements.

    (a) Maximum facilities. LPFM stations will be authorized to operate 
with maximum facilities of 100 watts ERP at 30 meters HAAT. An LPFM 
station with a HAAT that exceeds 30 meters will not be permitted to 
operate with an ERP greater than that which would result in a 60 dBu 
contour of 5.6 kilometers. In no event will an ERP less than one watt be 
authorized. No facility will be authorized in excess of one watt ERP at 
450 meters HAAT.
    (b) Minimum facilities. LPFM stations may not operate with 
facilities less than 50 watts ERP at 30 meters HAAT

[[Page 250]]

or the equivalent necessary to produce a 60 dBu contour that extends at 
least 4.7 kilometers.

[78 FR 2105, Jan. 9, 2013]



Sec. 73.812  Rounding of power and antenna heights.

    (a) Effective radiated power (ERP) will be rounded to the nearest 
watt on LPFM authorizations.
    (b) Antenna radiation center, antenna height above average terrain 
(HAAT), and antenna supporting structure height will all be rounded to 
the nearest meter on LPFM authorizations.



Sec. 73.813  Determination of antenna height above average terrain (HAAT).

    HAAT determinations for LPFM stations will be made in accordance 
with the procedure detailed in Sec. 73.313(d) of this part.



Sec. 73.816  Antennas.

    (a) Permittees and licensees may employ nondirectional antennas with 
horizontal only polarization, vertical only polarization, circular 
polarization or elliptical polarization.
    (b) Permittees and licensees may employ directional antennas in the 
LPFM service, in accordance with paragraph (d) of this section.
    (c) [Reserved]
    (d)(1) Composite antennas and antenna arrays may be used where the 
total ERP does not exceed the maximum determined in accordance with 
Sec. 73.811(a).
    (2) Either horizontal, vertical, circular, or elliptical 
polarization may be used provided that the supplemental vertically 
polarized ERP required for circular or elliptical polarization does not 
exceed the ERP otherwise authorized. Either clockwise or 
counterclockwise rotation may be used. Separate transmitting antennas 
are permitted if both horizontal and vertical polarization is to be 
provided.
    (3) An application that specifies the use of a directional antenna 
must provide the information identified in Sec. 73.316(c) except that 
such information shall not be required of:
    (i) Public safety and transportation permittees and licensees 
eligible pursuant to Sec. 73.853(a)(2) using directional antennas in 
connection with operation of Travelers' Information Service stations;
    (ii) LPFM permittees and licensees proposing a waiver of the second-
adjacent channel spacing requirements of Sec. 73.807 for the sole 
purpose of justifying such a waiver; and
    (iii) LPFM permittees and licensees using directional antennas 
solely for the purpose of meeting the international border zone distance 
requirements of Sec. 73.807(g).

[65 FR 67303, Nov. 9, 2000, as amended at 78 FR 2106, Jan. 9, 2013; 85 
FR 35573, June 11, 2020]



Sec. 73.825  Protection to reception of TV channel 6.

    The following spacing requirements will apply to LPFM applications 
on Channels 201 through 220 unless the application is accompanied by a 
written agreement between the LPFM applicant and each affected TV 
Channel 6 broadcast station concurring with the proposed LPFM 
facilities.
    (a) LPFM stations will be authorized on Channels 201 through 220 
only if the pertinent minimum separation distances in the following 
table are met with respect to all full power TV Channel 6 stations.

------------------------------------------------------------------------
                                                           LPFM to TV
                  FM channel number                      channel 6 (km)
------------------------------------------------------------------------
201..................................................                140
202..................................................                138
203..................................................                137
204..................................................                136
205..................................................                135
206..................................................                133
207..................................................                133
208..................................................                133
209..................................................                133
210..................................................                133
211..................................................                133
212..................................................                132
213..................................................                132
214..................................................                132
215..................................................                131
216..................................................                131
217..................................................                131
218..................................................                131
219..................................................                130
220..................................................                130
------------------------------------------------------------------------

    (b) LPFM stations will be authorized on Channels 201 through 220 
only if the pertinent minimum separation distances in the following 
table are met with respect to all low power TV, TV

[[Page 251]]

translator, and Class A TV stations authorized on TV Channel 6.

------------------------------------------------------------------------
                                                           LPFM to TV
                  FM channel number                      channel 6 (km)
------------------------------------------------------------------------
201..................................................                 98
202..................................................                 97
203..................................................                 95
204..................................................                 94
205..................................................                 93
206..................................................                 91
207..................................................                 91
208..................................................                 91
209..................................................                 91
210..................................................                 91
211..................................................                 91
212..................................................                 90
213..................................................                 90
214..................................................                 90
215..................................................                 90
216..................................................                 89
217..................................................                 89
218..................................................                 89
219..................................................                 89
220..................................................                 89
------------------------------------------------------------------------


[65 FR 67303, Nov. 9, 2000, as amended at 78 FR 2106, Jan. 9, 2013; 85 
FR 35573, June 11, 2020]



Sec. 73.827  Interference to the input signals of FM translator or FM booster stations.

    (a) Interference to the direct reception of the input signal of an 
FM translator station. This subsection applies when an LPFM application 
proposes to operate near an FM translator station, the FM translator 
station is receiving its input signal off-air (either directly from the 
primary station or from a translator station) and the LPFM application 
proposes to operate on a third-adjacent channel to the station 
delivering an input signal to the translator station. In these 
circumstances, the LPFM station will not be authorized unless it is 
located at least 2 km from the FM translator station. In addition, in 
cases where an LPFM station is located within 30 
degrees of the azimuth between the FM translator station and its input 
signal, the LPFM station will not be authorized unless it is located at 
least 10 kilometers from the FM translator station. The provisions of 
this subsection will not apply if the LPFM applicant:
    (1) Demonstrates that no actual interference will occur due to an 
undesired (LPFM) to desired (station delivering signal to translator 
station) ratio below 34 dB at such translator station's receive antenna.
    (2) Complies with the minimum LPFM/FM translator distance separation 
calculated in accordance with the following formula: du = 
133.5 antilog [(Peu + Gru - Grd - 
Ed)/20], where du = the minimum allowed separation 
in km, Peu = LPFM ERP in dBW, Gru = gain (dBd) of 
the FM translator receive antenna in the direction of the LPFM site, 
Grd = gain (dBd) of the FM translator receive antenna in the 
direction of the primary station site, Ed = predicted field 
strength (dBu) of the primary station at the translator site, or
    (3) Reaches an agreement with the licensee of the FM translator 
regarding an alternative technical solution.

    Note to paragraph (a): LPFM applicants may assume that an FM 
translator station's receive and transmit antennas are collocated.

    (b) An authorized LPFM station will not be permitted to continue to 
operate if an FM translator or FM booster station demonstrates that the 
LPFM station is causing actual interference to the FM translator or FM 
booster station's input signal, provided that the same input signal was 
in use or proposed in an application filed with the Commission prior to 
the release of the public notice announcing the dates for an LPFM 
application filing window and has been continuously in use or proposed 
since that time.
    (c) Complaints of actual interference by an LPFM station subject to 
paragraph (b) of this section must be served on the LPFM licensee and 
the Federal Communications Commission, Attention: Audio Division, Media 
Bureau. The LPFM station must suspend operations upon the receipt of 
such complaint unless the interference has been resolved to the 
satisfaction of the complainant on the basis of suitable techniques. 
Short test transmissions may be made during the period of suspended 
operations to check the efficacy of remedial measures. An LPFM station 
may only resume full operation at the direction of the Federal 
Communications Commission. If the Commission determines that the 
complainant has refused to permit the LPFM station to apply remedial 
techniques that demonstrably will eliminate the interference

[[Page 252]]

without impairment of the original reception, the licensee of the LPFM 
station is absolved of further responsibility for the complaint.

[78 FR 2106, Jan. 9, 2013, as amended at 78 FR 67317, Nov. 12, 2013]



Sec. 73.840  Operating power and mode tolerances.

    The transmitter power output (TPO) of an LPFM station must be 
determined by the procedures set forth in Sec. 73.267 of this part. The 
operating TPO of an LPFM station with an authorized TPO of more than ten 
watts must be maintained as near as practicable to its authorized TPO 
and may not be less than 90% of the minimum TPO nor greater than 105% of 
the maximum authorized TPO. An LPFM station with an authorized TPO of 
ten watts or less may operate with less than the authorized power, but 
not more than 105% of the authorized power.



Sec. 73.845  Transmission system operation.

    Each LPFM licensee is responsible for maintaining and operating its 
broadcast station in a manner that complies with the technical rules set 
forth elsewhere in this part and in accordance with the terms of the 
station authorization. In the event that an LPFM station is operating in 
a manner that is not in compliance with the technical rules set forth 
elsewhere in this part or the terms of the station authorization, 
broadcast operation must be terminated within three hours.



Sec. 73.850  Operating schedule.

    (a) All LPFM stations will be licensed for unlimited time operation, 
except those stations operating under a time sharing agreement pursuant 
to Sec. 73.872.
    (b) All LPFM stations are required to operate at least 36 hours per 
week, consisting of at least 5 hours of operation per day on at least 6 
days of the week; however, stations licensed to educational institutions 
are not required to operate on Saturday or Sunday or to observe the 
minimum operating requirements during those days designated on the 
official school calendar as vacation or recess periods.
    (c) All LPFM stations, including those meeting the requirements of 
paragraph (b) of this section, but which do not operate 12 hours per day 
each day of the year, will be required to share use of the frequency 
upon the grant of an appropriate application proposing such share time 
arrangement. Such applications must set forth the intent to share time 
and must be filed in the same manner as are applications for new 
stations. Such applications may be filed at any time after an LPFM 
station completes its third year of licensed operations. In cases where 
the licensee and the prospective licensee are unable to agree on time 
sharing, action on the application will be taken only in connection with 
a renewal application for the existing station filed on or after June 1, 
2019. In order to be considered for this purpose, an application to 
share time must be filed no later than the deadline for filing petitions 
to deny the renewal application of the existing licensee.
    (1) The licensee and the prospective licensee(s) shall endeavor to 
reach an agreement for a definite schedule of periods of time to be used 
by each. Such agreement must be in writing and must set forth which 
licensee is to operate on each of the hours of the day throughout the 
year. Such agreement must not include simultaneous operation of the 
stations. Each licensee must file the same in triplicate with each 
application to the Commission for initial construction permit or renewal 
of license. Such written agreements shall become part of the terms of 
each station's license.
    (2) The Commission desires to facilitate the reaching of agreements 
on time sharing. However, if the licensees of stations authorized to 
share time are unable to agree on a division of time, the prospective 
licensee(s) must submit a statement with the Commission to that effect 
filed with the application(s) proposing time sharing.
    (3) After receipt of the type of application(s) described in 
paragraph (c)(2) of this section, the Commission will process such 
application(s) pursuant to Sec. Sec. 73.3561 through 73.3568 of this 
Part. If any such application is not dismissed

[[Page 253]]

pursuant to those provisions, the Commission will issue a notice to the 
parties proposing a time-sharing arrangement and a grant of the time-
sharing application(s). The licensee may protest the proposed action, 
the prospective licensee(s) may oppose the protest and/or the proposed 
action, and the licensee may reply within the time limits delineated in 
the notice. All such pleadings must satisfy the requirements of Section 
309(d) of the Act. Based on those pleadings and the requirements of 
Section 309 of the Act, the Commission will then act on the time-sharing 
application(s) and the licensee's renewal application.
    (4) A departure from the regular schedule set forth in a time-
sharing agreement will be permitted only in cases where a written 
agreement to that effect is reduced to writing, is signed by the 
licensees of the stations affected thereby, and is filed in triplicate 
by each licensee with the Commission, Attention: Audio Division, Media 
Bureau, prior to the time of the proposed change. If time is of the 
essence, the actual departure in operating schedule may precede the 
actual filing of the written agreement, provided that appropriate notice 
is sent to the Commission in Washington, DC, Attention: Audio Division, 
Media Bureau.
    (d) In the event that causes beyond the control of a permittee or 
licensee make it impossible to adhere to the operating schedule in 
paragraph (b) of this section or to continue operating, the station may 
limit or discontinue operation for a period not exceeding 30 days 
without further authority from the Commission provided that notification 
is sent to the Commission in Washington, DC, Attention: Audio Division, 
Media Bureau, no later than the 10th day of limited or discontinued 
operation. During such period, the permittee shall continue to adhere to 
the requirements of the station license pertaining to lighting of 
antenna structures. In the event normal operation is restored prior to 
the expiration of the 30 day period, the permittee or licensee will 
notify the FCC, Attention: Audio Division, of the date that normal 
operations resumed. If causes beyond the control of the permittee or 
licensee make it impossible to comply within the allowed period, Special 
Temporary Authority (see Sec. 73.1635) must be requested to remain 
silent for such additional time as deemed necessary not to exceed, in 
total, 12 consecutive months (see Sec. 73.873(b)).

[65 FR 7640, Feb. 15, 2000, as amended at 78 FR 2106, Jan. 9, 2013; 85 
FR 35573, June 11, 2020]



Sec. 73.853  Licensing requirements and service.

    (a) An LPFM station may be licensed only to:
    (1) Nonprofit educational organizations and upon a showing that the 
proposed station will be used for the advancement of an educational 
program; and
    (2) State and local governments and non-government entities that 
will provide non-commercial public safety radio services.
    (3) Tribal Applicants, as defined in paragraph (c) of this section 
that will provide non-commercial radio services.
    (b) Only local organizations will be permitted to submit 
applications and to hold authorizations in the LPFM service. For the 
purposes of this paragraph, an organization will be deemed local if it 
can certify, at the time of application, that it meets the criteria 
listed below and if it continues to satisfy the criteria at all times 
thereafter.
    (1) The applicant, its local chapter or branch is physically 
headquartered or has a campus within 16.1 km (10 miles) of the proposed 
site for the transmitting antenna for applicants in the top 50 urban 
markets, and 32.1 km (20 miles) for applicants outside of the top 50 
urban markets;
    (2) It has 75% of its board members residing within 16.1 km (10 
miles) of the proposed site for the transmitting antenna for applicants 
in the top 50 urban markets, and 32.1 km (20 miles) for applicants 
outside of the top 50 urban markets; or
    (3) In the case of any applicant proposing a public safety radio 
service, the applicant has jurisdiction within the service area of the 
proposed LPFM station.
    (4) In the case of a Tribal Applicant, as defined in paragraph (c) 
of this section, the Tribal Applicant's Tribal

[[Page 254]]

lands, as that term is defined in Sec. 73.7000, are within the service 
area of the proposed LPFM station.
    (c) A Tribal Applicant is a Tribe or an entity that is 51 percent or 
more owned or controlled by a Tribe or Tribes. For these purposes, Tribe 
is defined as set forth in Sec. 73.7000.

[65 FR 7640, Feb. 15, 2000, as amended at 73 FR 3216, Jan. 17, 2008; 78 
FR 2107, Jan. 9, 2013]



Sec. 73.854  Unlicensed radio operations.

    No application for an LPFM station may be granted unless the 
applicant certifies, under penalty of perjury, that neither the 
applicant, nor any party to the application, has engaged in any manner, 
including individually or with persons, groups, organizations, or other 
entities, in the unlicensed operation of any station in violation of 
Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. 
301. If an application is dismissed pursuant to this section, the 
applicant is precluded from seeking nunc pro tunc reinstatement of the 
application and/or changing its directors to resolve the basic 
qualification issues.

[85 FR 7889, Feb. 12, 2020]



Sec. 73.855  Ownership limits.

    (a) No authorization for an LPFM station shall be granted to any 
party if the grant of that authorization will result in any such party 
holding an attributable interest in two or more LPFM stations.
    (b) Notwithstanding the general prohibition set forth in paragraph 
(a) of this section, Tribal Applicants, as defined in Sec. 73.853(c), 
may hold an attributable interest in up to two LPFM stations.
    (c) Notwithstanding the general prohibition set forth in paragraph 
(a) of this section, not-for-profit organizations and governmental 
entities with a public safety purpose may be granted multiple licenses 
if:
    (1) One of the multiple applications is submitted as a priority 
application; and
    (2) The remaining non-priority applications do not face a mutually 
exclusive challenge.

[78 FR 2107, Jan. 9, 2013]



Sec. 73.858  Attribution of LPFM station interests.

    Ownership and other interests in LPFM station permittees and 
licensees will be attributed to their holders and deemed cognizable for 
the purposes of Sec. Sec. 73.855 and 73.860, in accordance with the 
provisions of Sec. 73.3555, subject to the following exceptions:
    (a) A director of an entity that holds an LPFM license will not have 
such interest treated as attributable if such director also holds an 
attributable interest in a broadcast licensee or other media entity but 
recuses himself or herself from any matters affecting the LPFM station.
    (b) A local chapter of a national or other large organization shall 
not have the attributable interests of the national organization 
attributed to it provided that the local chapter is separately 
incorporated and has a distinct local presence and mission.
    (c) A parent or subsidiary of a LPFM licensee or permittee that is a 
non-stock corporation will be treated as having an attributable interest 
in such corporation. The officers, directors, and members of a non-stock 
corporation's governing body and of any parent or subsidiary entity will 
have such positional interests attributed to them.



Sec. 73.860  Cross-ownership.

    (a) Except as provided in paragraphs (b), (c) and (d) of this 
section, no license shall be granted to any party if the grant of such 
authorization will result in the same party holding an attributable 
interest in any other non-LPFM broadcast station, including any FM 
translator or low power television station, or any other media subject 
to our broadcast ownership restrictions.
    (b) A party that is not a Tribal Applicant, as defined in Sec. 
73.853(c), may hold attributable interests in one LPFM station and no 
more than two FM translator stations, two FM booster stations, or one FM 
translator station and one FM booster station provided that the 
following requirements are met:
    (1) The 60 dBu contour of the LPFM station overlaps the 60 dBu 
contour of the commonly-owned FM translator station(s) and entirely 
encompasses the

[[Page 255]]

60 dBu service contour of the FM booster station(s);
    (2) The FM translator and/or booster station(s), at all times, 
synchronously rebroadcasts the primary analog signal of the commonly-
owned LPFM station or, if the commonly-owned LPFM station operates in 
hybrid mode, synchronously rebroadcasts the digital HD-1 version of the 
LPFM station's signal;
    (3) The FM translator station receives the signal of the commonly-
owned LPFM station over-the-air and directly from the commonly-owned 
LPFM station itself. The FM booster station receives the signal of the 
commonly-owned LPFM station by any means authorized in Sec. 74.1231(i) 
of this chapter; and
    (4) The transmitting antenna of the FM translator and/or booster 
station(s) is located within 16.1 kilometers (10 miles) for LPFM 
stations located in the top 50 urban markets and 32.1 kilometers (20 
miles) for LPFM stations outside the top 50 urban markets of either the 
transmitter site of the commonly-owned LPFM station or the reference 
coordinates for that station's community of license.
    (c) A party that is a Tribal Applicant, as defined in Sec. 
73.853(c), may hold attributable interests in no more than two LPFM 
stations and four FM translator stations provided that the requirements 
set forth in paragraph (b) of this section are met.
    (d) Unless such interest is permissible under paragraphs (b) or (c) 
of this section, a party with an attributable interest in a broadcast 
radio station must divest such interest prior to the commencement of 
operations of an LPFM station in which the party also holds an interest. 
However, a party need not divest such an attributable interest if the 
party is a college or university that can certify that the existing 
broadcast radio station is not student run. This exception applies only 
to parties that:
    (1) Are accredited educational institutions;
    (2) Own an attributable interest in non-student run broadcast 
stations; and
    (3) Apply for an authorization for an LPFM station that will be 
managed and operated on a day-to-day basis by students of the accredited 
educational institution.
    (e) No LPFM licensee may enter into an operating agreement of any 
type, including a time brokerage or management agreement, with either a 
full power broadcast station or another LPFM station.

[78 FR 2107, Jan. 9, 2013, as amended at 85 FR 35573, June 11, 2020]



Sec. 73.865  Assignment and transfer of LPFM permits and licenses.

    (a) Assignment/transfer. No party may assign or transfer an LPFM 
permit or license if:
    (1) Consideration promised or received exceeds the legitimate and 
prudent expenses of the assignor or transferor. For purposes of this 
section, legitimate and prudent expenses are those expenses reasonably 
incurred by the assignor or transferor in obtaining and constructing the 
station (e.g., expenses in preparing an application, in obtaining and 
installing broadcast equipment to be assigned or transferred, etc.). 
Costs incurred in operating the station are not recoverable (e.g., rent, 
salaries, utilities, music licensing fees, etc.);
    (2) The assignee or transferee is incapable of satisfying all 
eligibility criteria that apply to a LPFM licensee; or
    (3) For a period of time commencing with the grant of any 
construction permit awarded based on the comparative point system, Sec. 
73.872, and continuing until the station has achieved at least four 
years of on-air operations:
    (i)(A) The assignee or transferee cannot meet or exceed the points 
awarded to the initial applicant; or
    (B) Where the original LPFM construction permit was issued based on 
a point system tie-breaker, the assignee or transferee does not have a 
``locally established date,'' as defined in Sec. 73.853(b), that is the 
same as, or earlier than, the date of the most recently established 
local applicant in the tied mutually exclusive (MX) group.
    (ii) Any successive applicants proposing to assign or transfer the 
construction permit or license prior to the end of the aforementioned 
period will be required to make the same demonstrations. This 
restriction does not

[[Page 256]]

apply to construction permits that are awarded to non-mutually exclusive 
applicants or through settlement.
    (b) Name change. A change in the name of an LPFM permittee or 
licensee where no change in ownership or control is involved may be 
accomplished by written notification by the permittee or licensee to the 
Commission.
    (c) Holding period. A construction permit cannot be assigned or 
transferred for 18 months from the date of issue.
    (d) Board changes. Notwithstanding the other provisions in this 
section, transfers of control involving a sudden or gradual change of 
more than 50 percent of an LPFM's governing board are not prohibited, 
provided that the mission of the entity remains the same and the 
requirements of paragraph (a) of this section are satisfied. Sudden 
majority board changes shall be submitted as a pro forma ownership 
change within 30 days of the change or final event that caused the LPFM 
permittee or licensee to exceed the 50 percent threshold.

[85 FR 7889, Feb. 12, 2020]



Sec. 73.870  Processing of LPFM broadcast station applications.

    (a) A minor change for an LPFM station authorized under this subpart 
is limited to transmitter site relocations not exceeding 11.2 kilometers 
or where the 60 dBu contour of the authorized facility overlaps the 60 
dBu contour of the proposed facility. These distance limitations do not 
apply to amendments or applications proposing transmitter site 
relocation to a common location filed by applicants that are parties to 
a voluntary time-sharing agreement with regard to their stations 
pursuant to Sec. 73.872(c) and (e). These distance limitations also do 
not apply to an amendment or application proposing transmitter site 
relocation to a common location or a location very close to another 
station operating on a third-adjacent channel in order to remediate 
interference to the other station; provided, however, that the proposed 
relocation is consistent with all localism certifications made by the 
applicant in its original application for the LPFM station. Minor 
changes of LPFM stations may include:
    (1) Changes in frequency to adjacent or IF frequencies ( 1, 2, 3, 53 or 54 channels) or, upon a technical 
showing of reduced interference, to any frequency; and
    (2) Amendments to time-sharing agreements, including universal 
agreements that supersede involuntary arrangements.
    (b) The Commission will specify by Public Notice a window filing 
period for applications for new LPFM stations and major modifications in 
the facilities of authorized LPFM stations. LPFM applications for new 
facilities and for major modifications in authorized LPFM stations will 
be accepted only during the appropriate window. Applications submitted 
prior to the window opening date identified in the Public Notice will be 
returned as premature. Applications submitted after the deadline will be 
dismissed with prejudice as untimely.
    (c) Applications subject to paragraph (b) of this section that fail 
to meet the Sec. 73.807 minimum distance separations with respect to 
all applications and facilities in existence as the date of the 
pertinent public notice in paragraph (b) of this section other than to 
LPFM station facilities proposed in applications filed in the same 
window, will be dismissed without any opportunity to amend such 
applications.
    (d) Following the close of the window, the Commission will issue a 
Public Notice of acceptance for filing of applications submitted 
pursuant to paragraph (b) of this section that meet technical and legal 
requirements and that are not in conflict with any other application 
filed during the window. Following the close of the window, the 
Commission also will issue a Public Notice of the acceptance for filing 
of all applications tentatively selected pursuant to the procedures for 
mutually exclusive LPFM applications set forth at Sec. 73.872. 
Petitions to deny such applications may be filed within 30 days of such 
public notice and in accordance with the procedures set forth at Sec. 
73.3584. A copy of any petition to deny must be served on the applicant.
    (e) Minor change LPFM applications may be filed at any time, unless 
restricted by the staff, and generally, will be processed in the order 
in which

[[Page 257]]

they are tendered. Such applications must meet all technical and legal 
requirements applicable to new LPFM station applications.
    (f) New entrants seeking to apply for unused or unwanted time on a 
time-sharing frequency will only be accepted during an open filing 
window, specified pursuant to paragraph (b) of this section.

[65 FR 7640, Feb. 15, 2000, as amended at 65 FR 67304, Nov. 9, 2000; 70 
FR 39186, July 7, 2005; 73 FR 3217, Jan. 17, 2008; 78 FR 2108, Jan. 9, 
2013; 85 FR 35574, June 11, 2020]



Sec. 73.871  Amendment of LPFM broadcast station applications.

    (a) New and major change applications may be amended without 
limitation during the pertinent filing window.
    (b) Amendments that would improve the comparative position of new 
and major change applications will not be accepted after the close of 
the pertinent filing window.
    (c) Only minor amendments to new and major change applications will 
be accepted after the close of the pertinent filing window. Subject to 
the provisions of this section, such amendments may be filed as a matter 
of right by the date specified in the FCC's Public Notice announcing the 
acceptance of such applications. For the purposes of this section, minor 
amendments are limited to:
    (1) Site relocations of 11.2 kilometers or less;
    (2) Site relocations that involve overlap between the 60 dBu service 
contours of the currently authorized and proposed facilities;
    (3) Changes in ownership where the original party or parties to an 
application either:
    (i) Retain more than a 50 percent ownership interest in the 
application as originally filed;
    (ii) Retain an ownership interest of 50 percent or less as the 
result of governing board changes in a nonstock or membership applicant 
that occur over a period of six months or more; or
    (iii) Retain an ownership interest of 50 percent or less as the 
result of governing board changes in a nonstock or membership applicant 
that occur over a period of less than six months and there is no 
evidence of a takeover concern or a significant effect on such 
organization's mission. All changes in a governmental applicant are 
considered minor;
    (4) Universal voluntary time-sharing agreements to apportion vacant 
time among the licensees;
    (5) Other changes in general and/or legal information;
    (6) Filings proposing transmitter site relocation to a common 
location submitted by applications that are parties to a voluntary time-
sharing agreement with regard to their stations pursuant to Sec. 73.872 
(c) and (e); and
    (7) Filings proposing transmitter site relocation to a common 
location or a location very close to another station operating on a 
third-adjacent channel in order to remediate interference to the other 
station.
    (d) Unauthorized or untimely amendments are subject to return by the 
FCC's staff without consideration.

[66 FR 23863, May 10, 2001, as amended at 70 FR 39186, July 7, 2005; 73 
FR 3217, Jan. 17, 2008; 78 FR 2108, Jan. 9, 2013; 85 FR 7889, Feb. 12, 
2020; 85 FR 35574, June 11, 2020]



Sec. 73.872  Selection procedure for mutually exclusive LPFM applications.

    (a) Following the close of each window for new LPFM stations and for 
modifications in the facilities of authorized LPFM stations, the 
Commission will issue a public notice identifying all groups of mutually 
exclusive applications. Such applications will be awarded points to 
determine the tentative selectee. Unless resolved by settlement pursuant 
to paragraph (e) of this section, the tentative selectee will be the 
applicant within each group with the highest point total under the 
procedure set forth in this section, except as provided in paragraphs 
(c) and (d) of this section .
    (b) Each mutually exclusive application will be awarded one point 
for each of the following criteria, based on certifications that the 
qualifying conditions are met and submission of any required 
documentation:
    (1) Established community presence. An applicant must, for a period 
of at least two years prior to application and at all times thereafter, 
have qualified as local pursuant to Sec. 73.853(b). Applicants

[[Page 258]]

claiming a point for this criterion must submit any documentation 
specified in FCC Form 318 at the time of filing their applications.
    (2) Local program origination. The applicant must pledge to 
originate locally at least eight hours of programming per day. For 
purposes of this criterion, local origination is the production of 
programming by the licensee, within ten miles of the coordinates of the 
proposed transmitting antenna. Local origination includes licensee 
produced call-in shows, music selected and played by a disc jockey 
present on site, broadcasts of events at local schools, and broadcasts 
of musical performances at a local studio or festival, whether recorded 
or live. Local origination does not include the broadcast of repetitive 
or automated programs or time-shifted recordings of non-local 
programming whatever its source. In addition, local origination does not 
include a local program that has been broadcast twice, even if the 
licensee broadcasts the program on a different day or makes small 
variations in the program thereafter.
    (3) Main studio. The applicant must pledge to maintain a publicly 
accessible main studio that has local program origination capability, is 
reachable by telephone, is staffed at least 20 hours per week between 7 
a.m. and 10 p.m., and is located within 16.1 km (10 miles) of the 
proposed site for the transmitting antenna for applicants in the top 50 
urban markets and 32.1 km (20 miles) for applicants outside the top 50 
urban markets. Applicants claiming a point under this criterion must 
specify the proposed address and telephone number for the proposed main 
studio in FCC Form 318 at the time of filing their applications.
    (4) Local program origination and main studio. The applicant must 
make both the local program origination and main studio pledges set 
forth in paragraphs (b)(2) and (3) of this section.
    (5) Diversity of ownership. An applicant must hold no attributable 
interests in any other broadcast station.
    (6) Tribal Applicants serving Tribal Lands. The applicant must be a 
Tribal Applicant, as defined in Sec. 73.853(c), and the proposed site 
for the transmitting antenna must be located on that Tribal Applicant's 
``Tribal Lands,'' as defined in Sec. 73.7000. Applicants claiming a 
point for this criterion must submit the documentation set forth in FCC 
Form 318 at the time of filing their applications.
    (c) Voluntary time-sharing. If mutually exclusive applications have 
the same point total, no more than three of the tied applicants may 
propose to share use of the frequency by electronically submitting, 
within 90 days of the release of a public notice announcing the tie, a 
time-share proposal. Such proposals shall be treated as minor amendments 
to the time-share proponents' applications and shall become part of the 
terms of the station authorization. Where such proposals include all of 
the tied applications, all of the tied applications will be treated as 
tentative selectees; otherwise, time-share proponents' points will be 
aggregated. Applicants may agree, at any time before the Media Bureau 
implements the involuntary time-share procedures pursuant to paragraph 
(d) of this section, to aggregate their points to enter into a time-
share agreement. Applicants can only aggregate their points and submit a 
time-share agreement if each is designated a tentative selectee in the 
same mutually exclusive group, and if each applicant has the basic 
qualifications to receive a grant of its application.
    (1) Time-share proposals shall be in writing and signed by each 
time-share proponent, and shall satisfy the following requirements:
    (i) The proposal must specify the proposed hours of operation of 
each time-share proponent;
    (ii) The proposal must not include simultaneous operation of the 
time-share proponents; and
    (iii) Each time-share proponent must propose to operate for at least 
10 hours per week.
    (2) Where a station is authorized pursuant to a time-sharing 
proposal, a change of the regular schedule set forth therein will be 
permitted only where a written agreement signed by each time-sharing 
permittee or licensee and complying with requirements in paragraphs 
(c)(1)(i) through (iii) of this section is filed with the

[[Page 259]]

Commission, Attention: Audio Division, Media Bureau, prior to the date 
of the change.
    (3) Where a station is authorized pursuant to a voluntary time-
sharing proposal, the parties to the time-sharing agreement may 
apportion among themselves any air time that, for any reason, becomes 
vacant.
    (4) Concurrent license terms granted under paragraph (d) of this 
section may be converted into voluntary time-sharing arrangements 
renewable pursuant to Sec. 73.3539 by submitting a universal time-
sharing proposal.
    (5) In the event a tentatively accepted time-share agreement is 
dismissed, the Commission staff will release another public notice, 
initiating a second 90-day period for all remaining tentative selectees 
within the affected MX group to enter into either a voluntary time-share 
arrangement or a universal settlement in accordance with paragraph (c) 
or (e) of this section. If the tie is not resolved in accordance with 
paragraph (c) or (e) of this section, the tied applications will be 
reviewed for acceptability, and applicants with tied, grantable 
applications will be eligible for involuntary time-sharing in accordance 
with paragraph (d) of this section.
    (d) Involuntary time-sharing. (1) If a tie among mutually exclusive 
applications is not resolved through voluntary time-sharing in 
accordance with paragraph (c) of this section, the tied applications 
will be reviewed for acceptability. Applicants with tied, grantable 
applications will be eligible for equal, concurrent, non-renewable 
license terms.
    (2) If a mutually exclusive group has three or fewer tied, grantable 
applications, the Commission will simultaneously grant these 
applications, assigning an equal number of hours per week to each 
applicant. The Commission will determine the hours assigned to each 
applicant by first assigning hours to the applicant that has been local, 
as defined in Sec. 73.853(b), for the longest uninterrupted period of 
time, then assigning hours to the applicant that has been local for the 
next longest uninterrupted period of time, and finally assigning hours 
to any remaining applicant. The Commission will offer applicants an 
opportunity to voluntarily reach a time-sharing agreement. In the event 
that applicants cannot reach such agreement, the Commission will require 
each applicant subject to involuntary time-sharing to simultaneously and 
confidentially submit their preferred time slots to the Commission. If 
there are only two tied, grantable applications, the applicants must 
select between the following 12-hour time slots 3 a.m.-2:59 p.m., or 3 
p.m.-2:59 a.m. If there are three tied, grantable applications, each 
applicant must rank their preference for the following 8-hour time 
slots: 2 a.m.-9:59 a.m., 10 a.m.-5:59 p.m., and 6 p.m.-1:59 a.m. The 
Commission will require the applicants to certify that they did not 
collude with any other applicants in the selection of time slots. The 
Commission will give preference to the applicant that has been local for 
the longest uninterrupted period of time. The Commission will award time 
in units as small as four hours per day. In the event an applicant 
neglects to designate its preferred time slots, staff will select a time 
slot for that applicant.
    (3) Groups of more than three tied, grantable applications will not 
be eligible for licensing under this section. Where such groups exist, 
the Commission will dismiss all but the applications of the three 
applicants that have been local, as defined in Sec. 73.853(b), for the 
longest uninterrupted periods of time. The Commission then will process 
the remaining applications as set forth in paragraph (d)(2) of this 
section.
    (4) If concurrent license terms granted under this section are 
converted into universal voluntary time-sharing arrangements pursuant to 
paragraph (c)(4) of this section, the permit or license is renewable 
pursuant to Sec. Sec. 73.801 and 73.3539.
    (e) Settlements. Mutually exclusive applicants may propose a 
settlement at any time during the selection process after the release of 
a public notice announcing the mutually exclusive groups. Settlement 
proposals must comply with the Commission's rules and policies regarding 
settlements, including the requirements of Sec. Sec. 73.3525,

[[Page 260]]

73.3588 and 73.3589. Settlement proposals may include time-share 
agreements that comply with the requirements of paragraph (c) of this 
section, provided that such agreements may not be filed for the purpose 
of point aggregation outside of the 90 day period set forth in paragraph 
(c) of this section.

[65 FR 7640, Feb. 15, 2000, as amended at 65 FR 67304, Nov. 9, 2000; 67 
FR 13232, Mar. 21, 2002; 73 FR 3217, Jan. 17, 2008; 78 FR 2108, Jan. 9, 
2013; 85 FR 7889, Feb. 12, 2020]



Sec. 73.873  LPFM license period.

    (a) Initial licenses for LPFM stations will be issued for a period 
running until the date specified in Sec. 73.1020 for full service 
stations operating in the LPFM station's state or territory, or if 
issued after such date, determined in accordance with Sec. 73.1020.
    (b) The license of an LPFM station that fails to transmit broadcast 
signals for any consecutive 12-month period expires as a matter of law 
at the end of that period, notwithstanding any provision, term, or 
condition of the license to the contrary.

[78 FR 2109, Jan. 9, 2013]



Sec. 73.875  Modification of transmission systems.

    The following procedures and restrictions apply to licensee 
modifications of authorized broadcast transmission system facilities.
    (a) The following changes are prohibited:
    (1) Those that would result in the emission of signals outside of 
the authorized channel exceeding limits prescribed for the class of 
service.
    (2) Those that would cause the transmission system to exceed the 
equipment performance measurements prescribed in Sec. 73.508.
    (b) The following changes may be made only after the grant of a 
construction permit application on FCC Form 318.
    (1) Any construction of a new tower structure for broadcast 
purposes, except for replacement of an existing tower with a new tower 
of identical height and geographic coordinates.
    (2) Any change in station geographic coordinates, including 
coordinate corrections and any move of the antenna to another tower 
structure located at the same coordinates.
    (3) Any change in antenna height more than 2 meters above or 4 
meters below the authorized value.
    (4) Any change in channel.
    (c) The following LPFM modifications may be made without prior 
authorization from the Commission. A modification of license application 
(FCC Form 319) must be submitted to the Commission within 10 days of 
commencing program test operations pursuant to Sec. 73.1620. For 
applications filed pursuant to paragraph (c)(1) of this section, the 
modification of license application must contain an exhibit 
demonstrating compliance with the Commission's radiofrequency radiation 
guidelines. In addition, for applications filed solely pursuant to 
paragraphs (c)(1) or (2) of this section, where the installation is on 
or near an AM tower, as defined in Sec. 1.30002, an exhibit 
demonstrating compliance with Sec. 1.30003 or Sec. 1.30002, as 
applicable, is also required.
    (1) Replacement of an antenna with one of the same or different 
number of antenna bays, provided that the height of the antenna 
radiation center is not more than 2 meters above or 4 meters below the 
authorized values. Program test operations at the full authorized ERP 
may commence immediately upon installation pursuant to Sec. 
73.1620(a)(1).
    (2) Replacement of a transmission line with one of a different type 
or length which changes the transmitter operating power (TPO) from the 
authorized value, but not the ERP, must be reported in a license 
modification application to the Commission.
    (3) Changes in the hours of operation of stations authorized 
pursuant to time-share agreements in accordance with Sec. 73.872.

[65 FR 7640, Feb. 15, 2000, as amended at 78 FR 66298, Nov. 5, 2013]



Sec. 73.877  Station logs for LPFM stations.

    The licensee of each LPFM station must maintain a station log. Each 
log entry must include the time and date of observation and the name of 
the person making the entry. The following information must be entered 
in the station log:

[[Page 261]]

    (a) Any extinguishment or malfunction of the antenna structure 
obstruction lighting, adjustments, repairs, or replacement to the 
lighting system, or related notification to the FAA. See Sec. Sec. 
17.48 and 73.49 of this chapter.
    (b) Brief explanation of station outages due to equipment 
malfunction, servicing, or replacement;
    (c) Operations not in accordance with the station license; and
    (d) EAS weekly log requirements set forth in Sec. 11.61(a)(1)(v) of 
this chapter.

[65 FR 67304, Nov. 9, 2000]



Sec. 73.878  Station inspections by FCC; availability to FCC of station logs and records.

    (a) The licensee of a broadcast station shall make the station 
available for inspection by representatives of the FCC during the 
station's business hours, and at any time it is in operation. In the 
course of an inspection or investigation, an FCC representative may 
require special equipment or program tests.
    (b) Station records and logs shall be made available for inspection 
or duplication at the request of the FCC or its representatives. Such 
logs or records may be removed from the licensee's possession by an FCC 
representative or, upon request, shall be mailed by the licensee to the 
FCC by either registered mail, return receipt requested, or certified 
mail, return receipt requested. The return receipt shall be retained by 
the licensee as part of the station records until such records or logs 
are returned to the licensee. A receipt shall be furnished when the logs 
or records are removed from the licensee's possession by an FCC 
representative and this receipt shall be retained by the licensee as 
part of the station records until such records or logs are returned to 
the licensee. When the FCC has no further need for such records or logs, 
they shall be returned to the licensee. The provisions of this rule 
shall apply solely to those station logs and records that are required 
to be maintained by the provisions of this part.
    (1) Where records or logs are maintained as the official records of 
a recognized law enforcement agency and the removal of the records from 
the possession of the law enforcement agency will hinder its law 
enforcement activities, such records will not be removed pursuant to 
this section if the chief of the law enforcement agency promptly 
certifies in writing to the FCC that removal of the logs or records will 
hinder law enforcement activities of the agency, stating insofar as 
feasible the basis for his decision and the date when it can reasonably 
be expected that such records will be released to the FCC.



Sec. 73.879  Signal retransmission.

    An LPFM licensee may not retransmit, either terrestrially or via 
satellite, the signal of a full-power radio broadcast station.



Sec. 73.881  Equal employment opportunities.

    General EEO policy. Equal employment opportunity shall be afforded 
by all LPFM licensees and permittees to all qualified persons, and no 
person shall be discriminated against because of race, color , religion, 
national origin, or sex.



          Subpart H_Rules Applicable to All Broadcast Stations



Sec. 73.1001  Scope.

    (a) The rules in this subpart are common to all AM, FM, TV and Class 
A TV broadcast services, commercial and noncommercial.
    (b) Rules in part 73 applying exclusively to a particular broadcast 
service are contained in the following: AM, subpart A; FM, subpart B; 
Noncommercial Educational FM, subpart C; TV, subpart E; LPFM, subpart G; 
and Class A TV, subpart J.
    (c) Certain provisions of this subpart apply to International 
Broadcast Stations (subpart F, part 73), LPFM (subpart G, part 73), and 
Low Power TV, TV Translator and TV Booster Stations (subpart G, part 74) 
where the rules for those services so provide.
    (d) The provisions of this part applying to licensees also apply to 
holders of construction permits (permittees).

[43 FR 32781, July 28, 1978, as amended at 52 FR 31399, Aug. 20, 1987; 
65 FR 7648, Feb. 15, 2000; 65 FR 30003, May 10, 2000]

[[Page 262]]



Sec. 73.1010  Cross reference to rules in other parts.

    Certain rules applicable to broadcast services, some of which are 
also applicable to other services, are set forth in the following Parts 
of the FCC Rules and Regulations.
    (a) Part 1, ``Practice and Procedure.''
    (1) Subpart A, ``General Rules of Practice and Procedure''. 
(Sec. Sec. 1.1 to 1.117).
    (2) Subpart B, ``Hearing Proceedings''. (Sec. Sec. 1.201 to 1.364)
    (3) Subpart C, ``Rulemaking Proceedings''. (Sec. Sec. 1.399 to 
1.430).
    (4) Subpart G, ``Schedule of Statutory Charges and Procedures for 
Payment''. (Sec. Sec. 1.1101 to 1.1117.)
    (5) Subpart H, ``Ex Parte Communications''. (Sec. Sec. 1.1200 to 
1.1216).
    (6) Subpart I, ``Procedures Implementing the National Environmental 
Policy Act of 1969''. (Sec. Sec. 1.1301 to 1.1319).
    (7) Subpart P, ``Implementation of the Anti-Drug Abuse Act of 
1988''. (Sec. Sec. 1.2001-1.2003.)
    (8) Subpart Q, ``Competitive Bidding Proceedings'' (Sec. Sec. 
1.2101-1.2112).
    (9) Subpart T, ``Foreign Ownership of Broadcast, Common Carrier, 
Aeronautical En Route, and Aeronautical Fixed Radio Station Licensees''. 
(Sec. Sec. 1.5000 to 1.5004).
    (10) Part 1, Subpart W of this chapter, ``FCC Registration Number''. 
(Sec. Sec. 1.8001-1.8005).
    (b) Part 2, ``Frequency Allocations and Radio Treaty Matters, 
General Rules and Regulations'', including Subparts A, ``Terminology''; 
B, ``Allocation, Assignments and Use of Radio Frequencies''; C, 
``Emissions''; D, ``Call Signs and Other Forms of Identifying Radio 
Transmissions''; and J, ``Equipment Authorization Procedures''.
    (c) [Reserved]
    (d) Part 17, ``Construction, Marking and Lighting of Antenna 
Structures''.
    (e) Part 74, ``Experimental, Auxiliary and Special Broadcast and 
Other Program Distributional Services'' including:
    (1) Subpart A, ``Experimental Broadcast Stations'';
    (2) Subpart D, ``Remote Pickup Broadcast Stations'';
    (3) Subpart E, ``Aural Broadcast Auxiliary Stations'';
    (4) Subpart F, ``Television Broadcast Auxiliary Stations'';
    (5) Subpart G, ``Low Power TV, TV Translator and TV Booster 
Stations'';
    (6) Subpart H, ``Low Power Auxiliary Stations'';
    (7) Subpart L, ``FM Broadcast Translator Stations and FM Broadcast 
Booster Stations''.

[53 FR 2498, Jan. 28, 1988, as amended at 57 FR 48333, Oct. 23, 1992; 60 
FR 55480, Nov. 1, 1995; 63 FR 48622, Sept. 11, 1998; 66 FR 47896, Sept. 
14, 2001; 69 FR 72043, Dec. 10, 2004; 76 FR 70911, Nov. 16, 2011; 81 FR 
86613, Dec. 1, 2016]



Sec. 73.1015  Truthful written statements and responses to Commission inquiries and correspondence.

    The Commission or its representatives may, in writing, require from 
any applicant, permittee, or licensee written statements of fact 
relevant to a determination whether an application should be granted or 
denied, or to a determination whether a license should be revoked, or to 
any other matter within the jurisdiction of the Commission, or, in the 
case of a proceeding to amend the FM or Television Table of Allotments, 
require from any person filing an expression of interest, written 
statements of fact relevant to that allotment proceeding. Any such 
statements of fact are subject to the provisions of Sec. 1.17 of this 
chapter.

[68 FR 15098, Mar. 28, 2003]



Sec. 73.1020  Station license period.

    (a) Initial licenses for broadcast stations will ordinarily be 
issued for a period running until the date specified in this section for 
the State or Territory in which the station is located. If issued after 
such date, it will run to the next renewal date determined in accordance 
with this section. Both radio and TV broadcasting stations will 
ordinarily be renewed for 8 years. However, if the FCC finds that the 
public interest, convenience and necessity will be served thereby, it 
may issue either an initial license or a renewal thereof for a lesser 
term. The time of expiration of normally issued initial and renewal 
licenses will be 3 a.m., local time, on the following dates and 
thereafter at 8-year intervals for radio and TV broadcast stations 
located in:

[[Page 263]]

    (1) Maryland, District of Columbia, Virginia and West Virginia:
    (i) Radio stations, October 1, 2011.
    (ii) Television stations, October 1, 2012.
    (2) North Carolina and South Carolina:
    (i) Radio stations, December 1, 2011.
    (ii) Television stations, December 1, 2012.
    (3) Florida, Puerto Rico and the Virgin Islands:
    (i) Radio stations, February 1, 2012.
    (ii) Television stations, February 1, 2013.
    (4) Alabama and Georgia:
    (i) Radio stations, April 1, 2012.
    (ii) Television stations, April 1, 2013.
    (5) Arkansas, Louisiana and Mississippi:
    (i) Radio stations, June 1, 2012.
    (ii) Television stations, June 1, 2013.
    (6) Tennessee, Kentucky and Indiana:
    (i) Radio stations, August 1, 2012.
    (ii) Television stations, August 1, 2013.
    (7) Ohio and Michigan:
    (i) Radio stations, October 1, 2012.
    (ii) Television stations, October 1, 2013.
    (8) Illinois and Wisconsin:
    (i) Radio stations, December 1, 2012.
    (ii) Television stations, December 1, 2013.
    (9) Iowa and Missouri:
    (i) Radio stations, February 1, 2013.
    (ii) Television stations, February 1, 2014.
    (10) Minnesota, North Dakota, South Dakota, Montana and Colorado:
    (i) Radio stations, April 1, 2013.
    (ii) Television stations, April 1, 2014.
    (11) Kansas, Oklahoma and Nebraska:
    (i) Radio stations, June 1, 2013.
    (ii) Television stations, June 1, 2014.
    (12) Texas:
    (i) Radio stations, August 1, 2013.
    (ii) Television stations, August 1, 2014.
    (13) Wyoming, Nevada, Arizona, Utah, New Mexico and Idaho:
    (i) Radio stations, October 1, 2013.
    (ii) Television stations, October 1, 2014.
    (14) California:
    (i) Radio stations, December 1, 2013.
    (ii) Television stations, December 1, 2014.
    (15) Alaska, American Samoa, Guam, Hawaii, Mariana Islands, Oregon 
and Washington:
    (i) Radio stations, February 1, 2014.
    (ii) Television stations, February 1, 2015.
    (16) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island 
and Vermont:
    (i) Radio stations, April 1, 2014.
    (ii) Television stations, April 1, 2015.
    (17) New Jersey and New York:
    (i) Radio stations, June 1, 2014.
    (ii) Television stations, June 1, 2015.
    (18) Delaware and Pennsylvania:
    (i) Radio stations, August 1, 2014.
    (ii) Television stations, August 1, 2015.
    (b) For the cutoff date for the filing of applications mutually 
exclusive with renewal applications that are filed on or before May 1, 
1995 and for the deadline for filing petitions to deny renewal 
applications, see Sec. 73.3516(e).
    (c) The license of a broadcasting station that fails to transmit 
broadcast signals for any consecutive 12-month period expires as a 
matter of law at the end of that period, notwithstanding any provision, 
term, or condition of the license to the contrary.

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[49 FR 4382, Feb. 6, 1984, as amended at 52 FR 25604, July 8, 1987; 59 
FR 63051, Dec. 7, 1994; 61 FR 18291, Apr. 25, 1996; 61 FR 28767, June 6, 
1996; 62 FR 5347, Feb. 5, 1997; 76 FR 20249, Apr. 12, 2011]



Sec. 73.1030  Notifications concerning interference to radio astronomy, research and receiving installations.

    (a)(1) Radio astronomy and radio research installations. In order to 
minimize harmful interference at the National Radio Astronomy 
Observatory site located at Green, Pocahontas County, West Virginia, and 
at the Naval Radio Research Observatory at Sugar Grove, Pendleton 
County, West Virginia, a licensee proposing to operate a short-term 
broadcast auxiliary station pursuant to Sec. 74.24, and any applicant 
for authority to construct a new broadcast station, or for authority to 
make changes in the frequency, power, antenna height, or antenna 
directivity of an existing station within the area bounded by 
39[deg]15[min] N on the

[[Page 264]]

north, 78[deg]30[min] W on the east, 37[deg]30[min] N on the south, and 
80[deg]30[min] W on the west, shall notify the Interference Office, 
National Radio Astronomy Observatory, P.O. Box 2, Green Bank, West 
Virginia 24944. Telephone: (304) 456-2011. The notification shall be in 
writing and set forth the particulars of the proposed station, including 
the geographical coordinates of the antenna, antenna height, antenna 
directivity if any, proposed frequency, type of emission and power. The 
notification shall be made prior to, or simultaneously with, the filing 
of the application with the Commission. After receipt of such 
applications, the FCC will allow a period of 20 days for comments or 
objections in response to the notifications indicated. If an objection 
to the proposed operation is received during the 20-day period from the 
National Radio Astronomy Observatory for itself, or on behalf of the 
Naval Radio Research Observatory, the FCC will consider all aspects of 
the problem and take whatever action is deemed appropriate.
    (2) Any applicant for a new permanent base or fixed station 
authorization to be located on the islands of Puerto Rico, Desecheo, 
Mona, Vieques, and Culebra, or for a modification of an existing 
authorization which would change the frequency, power, antenna height, 
directivity, or location of a station on these islands and would 
increase the likelihood of the authorized facility causing interference, 
shall notify the Interference Office, Arecibo Observatory, HC3 Box 
53995, Arecibo, Puerto Rico 00612, in writing or electronically, of the 
technical parameters of the proposal. Applicants may wish to consult 
interference guidelines, which will be provided by Cornell University. 
Applicants who choose to transmit information electronically should e-
mail to: [email protected].
    (i) The notification to the Interference Office, Arecibo Observatory 
shall be made prior to, or simultaneously with, the filing of the 
application with the Commission. The notification shall state the 
geographical coordinates of the antenna (NAD-83 datum), antenna height 
above ground, ground elevation at the antenna, antenna directivity and 
gain, proposed frequency and FCC Rule Part, type of emission, and 
effective radiated power.
    (ii) After receipt of such applications, the Commission will allow 
the Arecibo Observatory a period of 20 days for comments or objections 
in response to the notification indicated. The applicant will be 
required to make reasonable efforts to resolve or mitigate any potential 
interference problem with the Arecibo Observatory and to file either an 
amendment to the application or a modification application, as 
appropriate. The Commission shall determine whether an applicant has 
satisfied its responsibility to make reasonable efforts to protect the 
Observatory from interference.
    (b) Radio receiving installations. Protection for Table Mountain 
Radio Receiving Zone, Boulder County, Colorado: Applicants for a station 
authorization to operate in the vicinity of Boulder County, Colorado 
under this Part are advised to give due consideration, prior to filing 
applications, to the need to protect the Table Mountain Radio Receiving 
Zone from harmful interference. These are the research laboratories of 
the Department of Commerce, Boulder County, Colorado. To prevent 
degradation of the present ambient radio signal level at the site, the 
Department of Commerce seeks to ensure that the field strengths of any 
radiated signals (excluding reflected signals) received on this 1800 
acre site (within the area bounded by 40[deg]09[min]10[sec] N Latitude 
on the north, 105[deg]13[min]31[sec] W Longitude on the east, 
40[deg]07[min]05[sec] N Latitude on the south, and 
105[deg]15[min]13[sec] W Longitude on the west) resulting from new 
assignments (other than mobile stations) or from the modification of 
relocation of existing facilities do not exceed the following values:

------------------------------------------------------------------------
                                                              Power flux
                                                   Field      density in
                                                strength in   authorized
                Frequency range                  authorized   bandwidth
                                                 bandwidth    of service
                                                 of service   (dBW/m\2\)
                                                   (mV/m)        \1\
------------------------------------------------------------------------
Below 540 kHz.................................           10        -65.8
540 to 1700 kHz...............................           20        -59.8
1.7 to 470 MHz................................           10     \2\-65.8
470 to 890 MHz................................           30     \2\-56.2
Above 890 MHz.................................            1     \2\-85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are calculated assuming free
  space characteristic impedance of 376.7 = 120 ohms.

[[Page 265]]

 
\2\ Space stations shall conform to the power flux density limits at the
  earth's surface specified in appropriate parts of the FCC rules, but
  in no case should exceed the above levels in any 4 kHz band for all
  angles of arrival.

    (1) Advance consultation is recommended particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power flux density figures in the above table would be 
exceeded by their proposed radio facilities (except mobile stations). In 
such instances, the following is a suggested guide for determining 
whether coordination is recommended:
    (i) All stations within 2.4 km (1.5 statute miles);
    (ii) Stations within 4.8 km (3 statute miles) with 50 watts or more 
effective radiated power (ERP) in the primary plane polarization in the 
azimuthal direction of the Table Mountain Radio Receiving Zone;
    (iii) Stations within 16 km (10 statute miles) with 1 kW or more ERP 
in the primary plane of polarization in the azimuthal direction of Table 
Mountain Receiving Zone;
    (iv) Stations within 80 km (50 statute miles) with 25 kW or more ERP 
in the primary plane polarization in the azimuthal direction of Table 
Mountain Receiving Zone.
    (2) Applicants concerned are urged to communicate with the Radio 
Frequency Management Coordinator, Department of Commerce, Research 
Support Services, NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303; 
telephone (303) 497-6548, in advance of filing their applications with 
the Commission.
    (3) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objectimns from the Department of 
Commerce or proceedings to modify any authorization which may be granted 
which, in fact, delivers a signal at the site in excess of the field 
strength specified herein.
    (c) Protection for Federal Communications Commission monitoring 
stations. (1) Applicants in the vicinity of a FCC monitoring station for 
a radio station authorization to operate new transmitting facilities or 
changed transmitting facilities which would increase the field strength 
produced over the monitoring station in excess of that previously 
authorized are advised to give consideration, prior to filing 
applications, to the possible need to protect the FCC stations from 
harmful interference. Geographical coordinates of the facilities which 
require protection are listed in Sec. 0.121(c) of the FCC rules. 
Applications for stations (except mobile stations) which will produce on 
any frequency a direct wave fundamental field strength of greater than 
10 mV/m in the authorized bandwidth of service (-65.8 dBW/m\2\ power 
flux density assuming a free space characteristic impedance of 120 [pi] 
ohms) at the referenced coordinates, may be examined to determine extent 
of possible interference. Depending on the theoretical field strength 
value and existing root-sum-square or other ambient radio field signal 
levels at the indicated coordinates, a clause protecting the monitoring 
station may be added to the station authorization.
    (2) In the event that calculated value of expected field exceeds 10 
mV/m (-65.8 dBW/m2) at the reference coordinates, or if there is any 
question whether field strength levels might exceed the threshold value, 
advance consultation with the FCC to discuss any protection necessary 
should be considered. Prospective applicants may communicate with the 
Public Safety and Homeland Security Bureau.
    (3) Advance consultation is suggested particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power flux density figure indicated would be exceeded by 
their proposed radio facilities (except mobile stations). In such 
instances, the following is a suggested guide for determining whether an 
applicant should coordinate:
    (i) All stations within 2.4 kilometers (1.5 statute miles);
    (ii) Stations within 4.8 kilometers (3 statute miles) with 50 watts 
or more average effective radiated power (ERP) in the primary plane of 
polarization in the azimuthal direction of the Monitoring Stations.

[[Page 266]]

    (iii) Stations within 16 kilometers (10 statute miles) with 1 kW or 
more average ERP in the primary plane of polarization in the azimuthal 
direction of the Monitoring Station;
    (iv) Stations within 80 kilometers (50 statute miles) with 25 kW or 
more average ERP in the primary plane of polarization in the azimuthal 
direction of the Monitoring Station;
    (4) Advance coordination for stations operating above 1000 MHz is 
recommended only where the proposed station is in the vicinity of a 
monitoring station designated as a satellite monitoring facility in 
Sec. 0.121(c) of the Commission's Rules and also meets the criteria 
outlined in paragraphs (b) (2) and (3) of this section.
    (5) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Federal 
Communications Commission or modification of any authorization which 
will cause harmful interference.

[43 FR 32782, July 28, 1978, as amended at 44 FR 77167, Dec. 31, 1979; 
47 FR 9221, Mar. 4, 1982; 50 FR 39003, Sept. 26, 1985; 52 FR 25867, July 
9, 1987; 52 FR 36879, Oct. 1, 1987; 52 FR 37789, Oct. 9, 1987; 56 FR 
64872, Dec. 12, 1991; 61 FR 8477, Mar. 5, 1996; 62 FR 55532, Oct. 27, 
1997; 63 FR 70048, Dec. 18, 1998; 70 FR 31373, June 1, 2005; 80 FR 
53750, Sept. 8, 2015]



Sec. 73.1120  Station location.

    Each AM, FM, TV and Class A TV broadcast station will be licensed to 
the principal community or other political subdivision which it 
primarily serves. This principal community (city, town or other 
political subdivision) will be considered to be the geographical station 
location.

[65 FR 30003, May 10, 2000]



Sec. 73.1125  Station telephone number.

    Each AM, FM, TV, and Class A TV broadcast station shall maintain a 
local telephone number in its community of license or a toll-free 
number.

[82 FR 57882, Dec. 8, 2017]



Sec. 73.1150  Transferring a station.

    (a) In transferring a broadcast station, the licensee may retain no 
right of reversion of the license, no right to reassignment of the 
license in the future, and may not reserve the right to use the 
facilities of the station for any period whatsoever.
    (b) No license, renewal of license, assignment of license or 
transfer of control of a corporate licensee will be granted or 
authorized if there is a contract, arrangement or understanding, express 
or implied, pursuant to which, as consideration or partial consideration 
for the assignment or transfer, such rights, as stated in paragraph (a) 
of this section, are retained.
    (c) Licensees and/or permittees authorized to operate in the 535-
1605 kHz and in the 1605-1705 kHz band pursuant to the Report and Order 
in MM Docket No. 87-267 will not be permitted to assign or transfer 
control of the license or permit for a single frequency during the 
period that joint operation is authorized.
    (d) Authorizations awarded pursuant to the noncommercial educational 
point system in subpart K are subject to the holding period in Sec. 
73.7005. Applications for an assignment or transfer filed prior to the 
end of the holding period must demonstrate the factors enumerated 
therein.

[44 FR 58720, Oct. 11, 1979, as amended at 56 FR 64872, Dec. 12, 1991; 
65 FR 36378, June 8, 2000]



Sec. 73.1201  Station identification.

    (a) When regularly required. Broadcast station identification 
announcements shall be made:
    (1) At the beginning and ending of each time of operation, and
    (2) Hourly, as close to the hour as feasible, at a natural break in 
program offerings. Television and Class A television broadcast stations 
may make these announcements visually or aurally.
    (b) Content. (1) Official station identification shall consist of 
the station's call letters immediately followed by the community or 
communities specified in its license as the station's location; 
Provided, That the name of the licensee, the station's frequency, the 
station's channel number, as stated on

[[Page 267]]

the station's license, and/or the station's network affiliation may be 
inserted between the call letters and station location. DTV stations, or 
DAB Stations, choosing to include the station's channel number in the 
station identification must use the station's major channel number and 
may distinguish multicast program streams. For example, a DTV station 
with major channel number 26 may use 26.1 to identify an HDTV program 
service and 26.2 to identify an SDTV program service. A DTV station that 
is devoting one of its multicast streams to transmit the programming of 
another television licensee must identify itself and may also identify 
the licensee that it is transmitting. If a DTV station in this situation 
chooses to identify the station that is the source of the programming it 
is transmitting, it must use the following format: Station WYYY-DT, 
community of license (call sign and community of license of the station 
whose multicast stream is transmitting the programming), bringing you 
WXXX, community of license (call sign and community of license of the 
licensee providing the programming). The transmitting station may insert 
between its call letters and its community of license the following 
information: the frequency of the transmitting station, the channel 
number of the transmitting station, the name of the licensee of the 
transmitting station and the licensee providing the programming, and/or 
the name of the network of either station. Where a multicast station is 
carrying the programming of another station and is identifying that 
station as the source of the programming, using the format described 
above, the identification may not include the frequency or channel 
number of the program source. A radio station operating in DAB hybrid 
mode or extended hybrid mode shall identify its digital signal, 
including any free multicast audio programming streams, in a manner that 
appropriately alerts its audience to the fact that it is listening to a 
digital audio broadcast. No other insertion between the station's call 
letters and the community or communities specified in its license is 
permissible.
    (2) A station may include in its official station identification the 
name of any additional community or communities, but the community to 
which the station is licensed must be named first.
    (c) Channel--(1) General. Except as otherwise provided in this 
paragraph, in making the identification announcement the call letters 
shall be given only on the channel, or channels in the case of a 
broadcaster that is multicasting more than a single channel, identified 
thereby.
    (2) Simultaneous AM (535-1605 kHz) and AM (1605-1705 kHz broadcasts. 
If the same licensee operates an AM broadcast station in the 535-1605 
kHz band and an AM broadcast station in the 1605-1705 kHz band with both 
stations licensed to the same community and simultaneously broadcasts 
the same programs over the facilities of both such stations, station 
identification announcements may be made jointly for both stations for 
periods of such simultaneous operations.
    (3) Satellite operation. When programming of a broadcast station is 
rebroadcast simultaneously over the facilities of a satellite station, 
the originating station may make identification announcements for the 
satellite station for periods of such simultaneous operation.
    (i) In the case of a television broadcast station, such 
announcements, in addition to the information required by paragraph 
(b)(1) of this section, shall include the number of the channel on which 
each station is operating.
    (ii) In the case of aural broadcast stations, such announcements, in 
addition to the information required by paragraph (b)(1) of this 
section, shall include the frequency on which each station is operating.
    (d) Subscription television stations (STV). The requirements for 
official station identification applicable to TV stations will apply to 
Subscription TV stations except, during STV-encoded programming such 
station identification is not required. However, a station 
identification announcement will be

[[Page 268]]

made immediately prior to and following the encoded Subscription TV 
program period.

[34 FR 19762, Dec. 17, 1969, as amended at 37 FR 23726, Nov. 8, 1972; 39 
FR 6707, Feb. 22, 1974; 39 FR 9442, Mar. 11, 1974; 41 FR 29394, July 16, 
1976; 47 FR 3791, Jan. 27, 1982; 48 FR 51308, Nov. 8, 1983; 56 FR 64872, 
Dec. 12, 1991; 65 FR 30003, May 10, 2000; 69 FR 59535, Oct. 4, 2004; 72 
FR 45693, Aug. 15, 2007; 73 FR 5684, Jan. 30, 2008; 76 FR 71269, Nov. 
17, 2011]

    Effective Date Note: At 73 FR 5684, Jan. 30, 2008, Sec. 73.1201 was 
amended by revising paragraph (b)(1). 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.



Sec. 73.1202  [Reserved]



Sec. 73.1206  Broadcast of telephone conversations.

    Before recording a telephone conversation for broadcast, or 
broadcasting such a conversation simultaneously with its occurrence, a 
licensee shall inform any party to the call of the licensee's intention 
to broadcast the conversation, except where such party is aware, or may 
be presumed to be aware from the circumstances of the conversation, that 
it is being or likely will be broadcast. Such awareness is presumed to 
exist only when the other party to the call is associated with the 
station (such as as employee or part-time reporter), or where the other 
party originates the call and it is obvious that it is in connection 
with a program in which the station customarily broadcasts telephone 
conversations.

[35 FR 7733, May 20, 1970]



Sec. 73.1207  Rebroadcasts.

    (a) The term rebroadcast means reception by radio of the programs or 
other transmissions of a broadcast or any other type of radio station, 
and the simultaneous or subsequent retransmission of such programs or 
transmissions by a broadcast station.
    (1) As used in this section, ``program'' includes any complete 
programs or part thereof.
    (2) The transmission of a program from its point of origin to a 
broadcast station entirely by common carrier facilities, whether by wire 
line or radio, is not considered a rebroadcast.
    (3) The broadcasting of a program relayed by a remote pickup 
broadcast station is not considered a rebroadcast.
    (b) No broadcast station may retransmit the program, or any part 
thereof, of another U.S. broadcast station without the express authority 
of the originating station. A copy of the written consent of the 
licensee originating the program must be kept by the licensee of the 
station retransmitting such program and made available to the FCC upon 
request.
    (1) Stations originating emergency communications under a State EAS 
plan are considered to have conferred rebroadcast authority to other 
participating stations.
    (2) Permission must be obtained from the originating station to 
rebroadcast any subsidiary communications transmitted by means of a 
multiplex subcarrier or telecommunications service on the vertical 
blanking interval or in the visual signal of a television signal.
    (3) Programs originated by the Voice of America (VOA) and the Armed 
Forces Radio and Television Services (AFRTS) cannot, in general, be 
cleared for domestic rebroadcast, and may therefore be retransmitted 
only by special arrangements among the parties concerned.
    (4) Except as otherwise provided by international agreement, 
programs originated by foreign broadcast stations may be retransmitted 
without the consent of the originating station.
    (c) The transmissions of non-broadcast stations may be rebroadcast 
under the following conditions:
    (1) Messages originated by privately-owned non-broadcast stations 
other than those in the Amateur and CB Radio Services may be broadcast 
only upon receipt of prior permission from the non-broadcast licensee. 
Additionally, messages transmitted by common carrier stations may be 
rebroadcast only upon prior permission of the originator of the message 
as well as the station licensee.
    (2) Except as provided in paragraph (d) of this section, messages 
originated entirely by non-broadcast stations owned and operated by the 
Federal Government may be rebroadcast only upon receipt of prior 
permission from

[[Page 269]]

the government agency originating the messages.
    (3) Messages originated by stations in the Amateur and CB Radio 
Services may be rebroadcast at the discretion of broadcast station 
licensees.
    (4) Emergency communications originated under a State EAS plan.
    (d) The rebroadcasting of time signals originated by the Naval 
Observatory and the National Bureau of Standards and messages from the 
National Weather Service stations is permitted without specific 
authorization under the following procedures:
    (1) Naval Observatory Time Signals. (i) The time signals rebroadcast 
must be obtained by direct radio reception from a naval radio station, 
or by land line circuits.
    (ii) Announcement of the time signal must be made without reference 
to any commercial activity.
    (iii) Identification of the Naval Observatory as the source of the 
time signal must be made by an announcement, substantially as follows: 
``With the signal, the time will be . . . courtesy of the U.S. Naval 
Observatory.''
    (iv) Schedules of time signal broadcasts may be obtained upon 
request from the Superintendent, U.S. Naval Observatory, Washington, DC 
20390.
    (2) National Bureau of Standards Time Signals. (i) Time signals for 
rebroadcast must be obtained by direct radio reception from a National 
Bureau of Standards (NBS) station.
    (ii) Use of receiving and rebroadcasting equipment must not delay 
the signals by more than 0.05 second.
    (iii) Signals must be rebroadcast live, not from tape or other 
recording.
    (iv) Voice or code announcements of the call signs of NBS stations 
are not to be rebroadcast.
    (v) Identification of the origin of the service and the source of 
the signals must be made by an announcement substantially as follows: 
``At the tone, 11 hours 25 minutes Coordinated Universal Time. This is a 
rebroadcast of a continous service furnished by the National Bureau of 
Standards, Ft. Collins, Colo.'' No commercial sponsorship of this 
announcement is permitted and none may be implied.
    (vi) Schedules of time signal broadcasts may be obtained from, and 
notice of use of NBS time signals for rebroadcast must be forwarded 
semiannually to:

National Bureau of Standards, Radio Stations WWV/WWVB, 2000 East County 
Road 58, Ft. Collins, Colorado 80524.

    (vii) In the rebroadcasting of NBS time signals, announcements will 
not state that they are standard frequency transmissions. Voice 
announcements of Coordinated Universal Time are given in voice every 
minute. Each minute, except the first of the hour, begins with an 0.8 
second long tone of 1000 hertz at WWV and 1200 hertz tone at WWVH. The 
first minute of every hour begins with an 0.8 second long tone of 1500 
hertz at both stations. This tone is followed by a 3-second pause, than 
the announcement, ``National Bureau of Standards Time.'' This is 
followed by another 3-second pause before station identification. This 
arrangement allows broadcast stations sufficient time to retransmit the 
hour time tone and the words ``National Bureau of Standards Time'' 
either by manual or automatic switching.
    (viii) Time signals or scales made up from integration of standard 
frequency signals broadcast from NBS stations may not be designated as 
national standard scales of time or attributed to the NBS as originator. 
For example, if a broadcasting station transmits time signals obtained 
from a studio clock which is periodically calibrated against the NBS 
time signals from WWV or WWVH, such signals may not be announced as NBS 
standard time or as having been originated by the NBS.
    (3) National Weather Service Messages. (i) Messages of the National 
Weather Service must be rebroadcast within 1 hour of receipt.
    (ii) If advertisements are given in connection with weather 
rebroadcast, these advertisements must not directly or indirectly convey 
an endorsement by the U.S. Government of the products or services so 
advertised.

[[Page 270]]

    (iii) Credit must be given to indicate that the rebroadcast message 
originates with the National Weather Service.

[44 FR 36040, June 20, 1979, as amended at 45 FR 26065, Apr. 17, 1980; 
48 FR 28456, June 22, 1983; 50 FR 25246, June 18, 1985; 59 FR 67102, 
Dec. 28, 1994; 61 FR 36305, July 10, 1996; 82 FR 41103, Aug. 29, 2017]



Sec. 73.1208  Broadcast of taped, filmed, or recorded material.

    (a) Any taped, filmed or recorded program material in which time is 
of special significance, or by which an affirmative attempt is made to 
create the impression that it is occurring simultaneously with the 
broadcast, shall be announced at the beginning as taped, filmed or 
recorded. The language of the announcement shall be clear and in terms 
commonly understood by the public. For television stations, the 
announcement may be made visually or aurally.
    (b) Taped, filmed, or recorded announcements which are of a 
commercial, promotional or public service nature need not be identified 
as taped, filmed or recorded.

[37 FR 23726, Nov. 8, 1972]



Sec. 73.1209  References to time.

    Unless specifically designated as ``standard (non-advanced)'' or 
``advanced,'' all references to time contained in this part, and in 
license documents and other authorizations issued thereunder shall be 
understood to mean local time; i.e., the time legally observed in the 
community.

[39 FR 26736, July 23, 1974]



Sec. 73.1210  TV/FM dual-language broadcasting in Puerto Rico.

    (a) For the purpose of this section, dual-language broadcasting 
shall be understood to mean the telecasting of a program in one language 
with the simultaneous transmission, on the main channel of a 
participating FM broadcast station, of companion sound track information 
in a different language.
    (b) Television and Class A television licensees in Puerto Rico may 
enter into dual-language time purchase agreements with FM broadcast 
licensees, subject to the following conditions:
    (1) All such agreements shall be reduced to writing and retained by 
the licensee for possible Commission inspection, in accordance with 
Sec. 73.3613 of this chapter.
    (2) All such agreements shall specify that the FM licensee will 
monitor sound track material with a view to rejecting any material 
deemed to be inappropriate or objectionable for broadcast exposure.
    (3) No television, Class A television, or FM broadcast station may 
devote more than 15 hours per week to dual-language broadcasting, nor 
may more than three (3) hours of such programming be presented on any 
given day.
    (4) Noncommercial educational television broadcast stations shall 
take all necessary precautions to assure that the entire operation is 
conducted on a noncommercial basis and otherwise in accordance with 
Sec. 73.621 of this part.

[40 FR 17259, Apr. 18, 1975, as amended at 49 FR 33663, Aug. 24, 1984; 
50 FR 40016, Oct. 1, 1985; 65 FR 30003, May 10, 2000]



Sec. 73.1211  Broadcast of lottery information.

    (a) No licensee of an AM, FM, television, or Class A television 
broadcast station, except as in paragraph (c) of this section, shall 
broadcast any advertisement of or information concerning any lottery, 
gift enterprise, or similar scheme, offering prizes dependent in whole 
or in part upon lot or chance, or any list of the prizes drawn or 
awarded by means of any such lottery, gift enterprise or scheme, whether 
said list contains any part or all of such prizes. (18 U.S.C. 1304, 62 
Stat. 763).
    (b) The determination whether a particular program comes within the 
provisions of paragraph (a) of this section depends on the facts of each 
case. However, the Commission will in any event consider that a program 
comes within the provisions of paragraph (a) of this section if in 
connection with such program a prize consisting of money or other thing 
of value is awarded to any person whose selection is dependent in whole 
or in part upon lot or chance, if as a condition of winning or competing 
for such prize, such winner or winners are required to furnish any money 
or

[[Page 271]]

other thing of value or are required to have in their possession any 
product sold, manufactured, furnished or distributed by a sponsor of a 
program broadcast on the station in question. (See 21 FCC 2d 846).
    (c) The provisions of paragraphs (a) and (b) of this section shall 
not apply to an advertisement, list of prizes or other information 
concerning:
    (1) A lottery conducted by a State acting under the authority of 
State law which is broadcast by a radio or television station licensed 
to a location in that State or any other State which conducts such a 
lottery. (18 U.S.C. 1307(a); 102 Stat. 3205).
    (2) Fishing contests exempted under 18 U.S. Code 1305 (not conducted 
for profit, i.e., all receipts fully consumed in defraying the actual 
costs of operation).
    (3) Any gaming conducted by an Indian Tribe pursuant to the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.)
    (4) A lottery, gift enterprise or similar scheme, other than one 
described in paragraph (c)(1) of this section, that is authorized or not 
otherwise prohibited by the State in which it is conducted and which is:
    (i) Conducted by a not-for-profit organization or a governmental 
organization (18 U.S.C. 1307(a); 102 Stat. 3205); or
    (ii) Conducted as a promotional activity by a commercial 
organization and is clearly occasional and ancillary to the primary 
business of that organization. (18 U.S.C. 1307(a); 102 Stat. 3205).
    (d)(1) For purposes of paragraph (c) of this section, ``lottery'' 
means the pooling of proceeds derived from the sale of tickets or 
chances and allotting those proceeds or parts thereof by chance to one 
or more chance takers or ticket purchasers. It does not include the 
placing or accepting of bets or wagers on sporting events or contests.
    (2) For purposes of paragraph (c)(4)(i) of this section, the term 
``not-for-profit organization'' means any organization that would 
qualify as tax exempt under section 501 of the Internal Revenue Code of 
1986.

[40 FR 6210, Feb. 10, 1975, as amended at 45 FR 6401, Jan. 28, 1980; 54 
FR 20856, May 15, 1989; 55 FR 18888, May 7, 1990; 65 FR 30003, May 10, 
2000]



Sec. 73.1212  Sponsorship identification; list retention; related requirements.

    (a) When a broadcast station transmits any matter for which money, 
service, or other valuable consideration is either directly or 
indirectly paid or promised to, or charged or accepted by such station, 
the station, at the time of the broadcast, shall announce:
    (1) That such matter is sponsored, paid for, or furnished, either in 
whole or in part, and
    (2) By whom or on whose behalf such consideration was supplied: 
Provided, however, That ``service or other valuable consideration'' 
shall not include any service or property furnished either without or at 
a nominal charge for use on, or in connection with, a broadcast unless 
it is so furnished in consideration for an identification of any person, 
product, service, trademark, or brand name beyond an identification 
reasonably related to the use of such service or property on the 
broadcast.
    (i) For the purposes of this section, the term ``sponsored'' shall 
be deemed to have the same meaning as ``paid for.''
    (ii) In the case of any television political advertisement 
concerning candidates for public office, the sponsor shall be identified 
with letters equal to or greater than four percent of the vertical 
picture height that air for not less than four seconds.
    (b) The licensee of each broadcast station shall exercise reasonable 
diligence to obtain from its employees, and from other persons with whom 
it deals directly in connection with any matter for broadcast, 
information to enable such licensee to make the announcement required by 
this section.
    (c) In any case where a report has been made to a broadcast station 
as required by section 507 of the Communications Act of 1934, as 
amended, of circumstances which would have required an announcement 
under this section had the consideration been received by such broadcast 
station, an appropriate announcement shall be made by such station.
    (d) In the case of any political broadcast matter or any broadcast 
matter involving the discussion of a controversial issue of public 
importance for

[[Page 272]]

which any film, record, transcription, talent, script, or other material 
or service of any kind is furnished, either directly or indirectly, to a 
station as an inducement for broadcasting such matter, an announcement 
shall be made both at the beginning and conclusion of such broadcast on 
which such material or service is used that such film, record, 
transcription, talent, script, or other material or service has been 
furnished to such station in connection with the transmission of such 
broadcast matter: Provided, however, That in the case of any broadcast 
of 5 minutes' duration or less, only one such announcement need be made 
either at the beginning or conclusion of the broadcast.
    (e) The announcement required by this section shall, in addition to 
stating the fact that the broadcast matter was sponsored, paid for or 
furnished, fully and fairly disclose the true identity of the person or 
persons, or corporation, committee, association or other unincorporated 
group, or other entity by whom or on whose behalf such payment is made 
or promised, or from whom or on whose behalf such services or other 
valuable consideration is received, or by whom the material or services 
referred to in paragraph (d) of this section are furnished. Where an 
agent or other person or entity contracts or otherwise makes 
arrangements with a station on behalf of another, and such fact is known 
or by the exercise of reasonable diligence, as specified in paragraph 
(b) of this section, could be known to the station, the announcement 
shall disclose the identity of the person or persons or entity on whose 
behalf such agent is acting instead of the name of such agent. Where the 
material broadcast is political matter or matter involving the 
discussion of a controversial issue of public importance and a 
corporation, committee, association or other unincorporated group, or 
other entity is paying for or furnishing the broadcast matter, the 
station shall, in addition to making the announcement required by this 
section, require that a list of the chief executive officers or members 
of the executive committee or of the board of directors of the 
corporation, committee, association or other unincorporated group, or 
other entity shall be made available for public inspection at the 
location specified under Sec. 73.3526. If the broadcast is originated 
by a network, the list may, instead, be retained at the headquarters 
office of the network or at the location where the originating station 
maintains its public inspection file under Sec. 73.3526. Such lists 
shall be kept and made available for a period of two years.
    (f) In the case of broadcast matter advertising commercial products 
or services, an announcement stating the sponsor's corporate or trade 
name, or the name of the sponsor's product, when it is clear that the 
mention of the name of the product constitutes a sponsorship 
identification, shall be deemed sufficient for the purpose of this 
section and only one such announcement need be made at any time during 
the course of the broadcast.
    (g) The announcement otherwise required by section 317 of the 
Communications Act of 1934, as amended, is waived with respect to the 
broadcast of ``want ad'' or classified advertisements sponsored by an 
individual. The waiver granted in this paragraph shall not extend to a 
classified advertisement or want ad sponsorship by any form of business 
enterprise, corporate or otherwise. Whenever sponsorship announcements 
are omitted pursuant to this paragraph, the licensee shall observe the 
following conditions:
    (1) Maintain a list showing the name, address, and (where available) 
the telephone number of each advertiser;
    (2) Make this list available to members of the public who have a 
legitimate interest in obtaining the information contained in the list. 
Such list must be retained for a period of two years after broadcast.
    (h) Any announcement required by section 317(b) of the 
Communications Act of 1934, as amended, is waived with respect to 
feature motion picture film produced initially and primarily for theatre 
exhibition.

    Note: The waiver heretofore granted by the Commission in its Report 
and Order adopted November 16, 1960 (FCC 60-1369; 40 F.C.C. 95), 
continues to apply to programs filmed or recorded on or before June 20, 
1963, when Sec. 73.654, the predecessor television rule, went into 
effect.


[[Page 273]]


    (i) Commission interpretations in connection with the provisions of 
the sponsorship identification rules are contained in the Commission's 
Public Notice, entitled ``Applicability of Sponsorship Identification 
Rules,'' dated May 6, 1963 (40 F.C.C. 141), as modified by Public 
Notice, dated April 21, 1975 (FCC 75-418). Further interpretations are 
printed in full in various volumes of the Federal Communications 
Commission Reports.
    (j)(1)(i) Where the material broadcast consistent with paragraph (a) 
or (d) of this section has been aired pursuant to the lease of time on 
the station and has been provided by a foreign governmental entity, the 
station, at the time of the broadcast, shall include the following 
disclosure:

    The [following/preceding] programming was [sponsored, paid for, or 
furnished], either in whole or in part, by [name of foreign governmental 
entity] on behalf of [name of foreign country].

    (ii) If the material broadcast contains a ``conspicuous statement'' 
pursuant to the Foreign Agents Registration Act of 1938 (FARA) (22 
U.S.C. 614(b)), such conspicuous statement will suffice for purposes of 
this paragraph (j)(1) if the conspicuous statement also contains a 
disclosure about the foreign country associated with the individual/
entity that has sponsored, paid for, or furnished the material being 
broadcast.
    (2) The term ``foreign governmental entity'' shall include 
governments of foreign countries, foreign political parties, agents of 
foreign principals, and United States-based foreign media outlets.
    (i) The term ``government of a foreign country'' has the meaning 
given such term in the Foreign Agents Registration Act of 1938 (22 
U.S.C. 611(e)).
    (ii) The term ``foreign political party'' has the meaning given such 
term in the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(f)).
    (iii) The term ``agent of a foreign principal'' has the meaning 
given such term in the Foreign Agents Registration Act of 1938 (22 
U.S.C. 611(c)), and who is registered as such with the Department of 
Justice, and whose ``foreign principal'' is a ``government of a foreign 
country,'' a ``foreign political party,'' or directly or indirectly 
operated, supervised, directed, owned, controlled, financed, or 
subsidized by a ``government of a foreign country'' or a ``foreign 
political party'' as defined in paragraphs (j)(2)(i) and (ii) of this 
section, and that is acting in its capacity as an agent of such 
``foreign principal''.
    (iv) The term ``United States-based foreign media outlet'' has the 
meaning given such term in section 722(a) of the Communications Act of 
1934 (47 U.S.C. 624(a)).
    (3) The licensee of each broadcast station shall exercise reasonable 
diligence to ascertain whether the foreign sponsorship disclosure 
requirements in paragraph (j)(1) of this section apply at the time of 
the lease agreement and at any renewal thereof, including:
    (i) Informing the lessee of the foreign sponsorship disclosure 
requirement in paragraph (j)(1) of this section;
    (ii) Inquiring of the lessee whether the lessee falls into any of 
the categories in paragraph (j)(2) of this section that qualify the 
lessee as a foreign governmental entity;
    (iii) Inquiring of the lessee whether the lessee knows if anyone 
involved in the production or distribution of the programming that will 
be aired pursuant to the lease agreement, or a sub-lease, qualifies as a 
foreign governmental entity and has provided some type of inducement to 
air the programming;
    (iv) Independently confirming the lessee's status, by consulting the 
Department of Justice's FARA website and the Commission's semi-annual 
U.S.-based foreign media outlets reports, if the lessee states that it 
does not fall within the definition of ``foreign governmental entity'' 
and that there is no separate need for a disclosure because no one 
further back in the chain of producing/transmitting the programming 
falls within the definition of ``foreign governmental entity'' and has 
provided an inducement to air the programming; and
    (v) Memorializing the inquiries in paragraphs (j)(3)(i) through (iv) 
of this section to track compliance therewith and retaining such 
documentation in the licensee's records for either the remainder of the 
then-current license term or one year, whichever is longer,

[[Page 274]]

so as to respond to any future Commission inquiry.
    (4) In the case of any video programming, the foreign governmental 
entity and the country represented shall be identified with letters 
equal to or greater than four percent of the vertical picture height 
that air for not less than four seconds.
    (5) At a minimum, the announcement required by paragraph (j)(1) of 
this section shall be made at both the beginning and conclusion of the 
programming. For programming of greater than sixty minutes in duration, 
an announcement shall be made at regular intervals during the broadcast, 
but no less frequently than once every sixty minutes.
    (6) Where the primary language of the programming is other than 
English, the disclosure statement shall be made in the primary language 
of the programming. If the programming contains a ``conspicuous 
statement'' pursuant to the Foreign Agents Registration Act of 1938 (22 
U.S.C. 614(b)), and such conspicuous statement is in a language other 
than English so as to conform to the Foreign Agents Registration Act of 
1938 (22 U.S.C. 611 et seq.), an additional disclosure in English is not 
needed.
    (7) A station shall place copies of the disclosures required by this 
paragraph (j) and the name of the program to which the disclosures were 
appended in its online public inspection file on a quarterly basis in a 
standalone folder marked as ``Foreign Government-Provided Programming 
Disclosures.'' The filing must state the date and time the program 
aired. In the case of repeat airings of the program, those additional 
dates and times should also be included. Where an aural announcement was 
made, its contents must be reduced to writing and placed in the online 
public inspection file in the same manner.
    (k) The requirements in paragraph (j) of this section shall apply to 
programs permitted to be delivered to foreign broadcast stations under 
an authorization pursuant to the section 325(c) of the Communications 
Act of 1934 (47 U.S.C. 325(c)) if any part of the material has been 
sponsored, paid for, or furnished for free as an inducement to air on 
the foreign station by a foreign governmental entity. A section 325(c) 
permit holder shall place copies of the disclosures required along with 
the name of the program to which the disclosures were appended in the 
International Communications public filing System (ICFS) under the 
relevant ICFS section 325(c) permit file. The filing must state the date 
and time the program aired. In the case of repeat airings of the 
program, those additional dates and times should also be included. Where 
an aural announcement was made, its contents must be reduced to writing 
and placed in the ICFS in the same manner.

[40 FR 18400, Apr. 28, 1975, as amended at 46 FR 13907, Feb. 24, 1981; 
49 FR 4211, Feb. 3, 1984; 49 FR 33663, Aug. 24, 1984; 50 FR 32417, Aug. 
12, 1985; 57 FR 8279, Mar. 9, 1992; 77 FR 27655, May 11, 2012; 86 FR 
32238, June 17, 2021; 87 FR 14406, Mar. 15, 2022; 88 FR 21447, Apr. 10, 
2023]



Sec. 73.1213  Antenna structure, marking and lighting.

    (a) The provisions of part 17 of this chapter (Construction, 
Marking, and Lighting of Antenna Structures), requires certain antenna 
structures to be painted and/or lighted in accordance with part 17.
    (b) The owner of each antenna structure is responsible for ensuring 
that the structure, if required, is painted and/or illuminated in 
accordance with part 17 of this chapter. In the event of default by the 
owner, each licensee or permittee shall be responsible for ensuring that 
the structure complies with applicable painting and lighting 
requirements.

[61 FR 4367, Feb. 6, 1996]



Sec. 73.1215  Specifications for indicating instruments.

    The following requirements and specifications shall apply to 
indicating instruments used by broadcast stations:
    (a) Linear scale instruments:
    (1) Length of scale shall not be less than 2.3 inches (5.8 cm).
    (2) Accuracy shall be at least 2 percent of the full scale reading.
    (3) The maximum rating of the meter shall be such that it does not 
read off scale during modulation or normal operation.

[[Page 275]]

    (4) Scale shall have at least 40 divisions.
    (5) Full scale reading shall not be greater than five times the 
minimum normal indication.
    (b) Instruments having square-law scales:
    (1) Meet the requirements of paragraphs (a) (1), (2), and (3) of 
this section for linear scale instruments.
    (2) Full scale reading shall not be greater than three times the 
minimum normal indication.
    (3) No scale division above one-third full scale reading shall be 
greater than one-thirtieth of the full scale reading. (Example: An 
ammeter meeting requirement (1) having full scale reading of 6 amperes 
is acceptable for reading currents from 2 to 6 amperes, provided no 
scale division between 2 and 6 amperes is greater than one-thirtieth of 
6 amperes, 0.2 ampere.)
    (c) Instruments having logarithmic scales:
    (1) Meet the requirements of paragraphs (a) (1), (2), and (3) of 
this section for linear scale instruments.
    (2) Full scale reading shall not be greater than five times the 
minimum normal indication.
    (3) No scale division above one-fifth full scale reading (in watts) 
shall be greater than one-thirtieth of the full scale reading. (Example: 
A wattmeter meeting requirement (3) having full scale reading of 1,500 
watts is acceptable for reading power from 300 to 1,500 watts, provided 
no scale division between 300 and 1,500 watts is greater than one-
thirtieth of 1,500 watts or 50 watts.)
    (d) Instruments having expanded scales:
    (1) Shall meet the requirements of paragraphs (a) (1), (2), and (3) 
of this section for linear scale instruments.
    (2) Full scale reading shall not be greater than five times the 
minimum normal indication.
    (3) No scale division above one-fifth full scale reading shall be 
greater than one-fiftieth of the full scale reading. (Example: An 
ammeter meeting the requirement (1) is acceptable for indicating current 
from 1 to 5 amperes, provided no division between 1 and 5 amperes is 
greater than one-fiftieth of 5 amperes, 0.1 ampere.)
    (e) Digital meters, printers, or other numerical readout devices may 
be used in addition to or in lieu of indicating instruments meeting the 
specifications of paragraphs (a), (b), (c), and (d) of this section. The 
readout of the device must include at least three digits and must 
indicate the value of the parameter being read to an accuracy of 2%. The 
multiplier, if any, to be applied to the reading of each parameter must 
be indicated at the operating position.
    (f) No instrument which has been broken or appears to be damaged or 
defective, or the accuracy of which is questionable shall be used, until 
it has been checked, and if necessary repaired and recalibrated by the 
manufacturer or qualified instrument repair service. Repaired 
instruments shall not be used unless a certificate of calibration has 
been provided showing that the instrument conforms to the manufacturer's 
specifications for accuracy.

[41 FR 36818, Sept. 1, 1976; 41 FR 43152, Sept. 30, 1976, as amended at 
51 FR 2707, Jan. 21, 1986]



Sec. 73.1216  Licensee-conducted contests.

    (a) A licensee that broadcasts or advertises information about a 
contest it conducts shall fully and accurately disclose the material 
terms of the contest, and shall conduct the contest substantially as 
announced or advertised over the air or on the Internet. No contest 
description shall be false, misleading or deceptive with respect to any 
material term.
    (b) The disclosure of material terms shall be made by the station 
conducting the contest by either:
    (1) Periodic disclosures broadcast on the station; or
    (2) Written disclosures on the station's Internet Web site, the 
licensee's Web site, or if neither the individual station nor the 
licensee has its own Web site, any Internet Web site that is publicly 
accessible.
    (c) In the case of disclosure under paragraph (b)(1) of this 
section, a reasonable number of periodic broadcast disclosures is 
sufficient. In the case of disclosure under paragraph (b)(2) of this 
section, the station shall:
    (1) Establish a conspicuous link or tab to material contest terms on 
the home page of the Internet Web site;

[[Page 276]]

    (2) Announce over the air periodically the availability of material 
contest terms on the Web site and identify the Web site address where 
the terms are posted with information sufficient for a consumer to find 
such terms easily; and
    (3) Maintain material contest terms on the Web site for at least 
thirty days after the contest has concluded. Any changes to the material 
terms during the course of the contest must be fully disclosed on air 
within 24 hours of the change on the Web site and periodically 
thereafter or the fact that such changes have been made must be 
announced on air within 24 hours of the change, and periodically 
thereafter, and such announcements must direct participants to the 
written disclosures on the Web site. Material contest terms that are 
disclosed on an Internet Web site must be consistent in all substantive 
respects with those mentioned over the air.

    Note 1 to Sec. 73.1216: For the purposes of this section:
    (a) A contest is a scheme in which a prize is offered or awarded, 
based upon chance, diligence, knowledge or skill, to members of the 
public.
    (b) Material terms include those factors which define the operation 
of the contest and which affect participation therein. Although the 
material terms may vary widely depending upon the exact nature of the 
contest, they will generally include: How to enter or participate; 
eligibility restrictions; entry deadline dates; whether prizes can be 
won; when prizes can be won; the extent, nature and value of prizes; 
basis for valuation of prizes; time and means of selection of winners; 
and/or tie-breaking procedures.
    Note 2 to Sec. 73.1216: In general, the time and manner of 
disclosure of the material terms of a contest are within the licensee's 
discretion. However, the obligation to disclose the material terms 
arises at the time the audience is first told how to enter or 
participate and continues thereafter.
    Note 3 to Sec. 73.1216: This section is not applicable to licensee-
conducted contests not broadcast or advertised to the general public or 
to a substantial segment thereof, to contests in which the general 
public is not requested or permitted to participate, to the commercial 
advertisement of non-licensee-conducted contests, or to a contest 
conducted by a non-broadcast division of the licensee or by a non-
broadcast company related to the licensee.

[80 FR 64361, Oct. 23, 2015]



Sec. 73.1217  Broadcast hoaxes.

    No licensee or permittee of any broadcast station shall broadcast 
false information concerning a crime or a catastrophe if:
    (a) The licensee knows this information is false;
    (b) It is forseeable that broadcast of the information will cause 
substantial public harm, and
    (c) Broadcast of the information does in fact directly cause 
substantial public harm.


Any programming accompanied by a disclaimer will be presumed not to pose 
foreseeable harm if the disclaimer clearly characterizes the program as 
a fiction and is presented in a way that is reasonable under the 
circumstances.

    Note: For purposes of this rule, ``public harm'' must begin 
immediately, and cause direct and actual damage to property or to the 
health or safety of the general public, or diversion of law enforcement 
or other public health and safety authorities from their duties. The 
public harm will be deemed foreseeable if the licensee could expect with 
a significant degree of certainty that public harm would occur. A 
``crime'' is any act or omission that makes the offender subject to 
criminal punishment by law. A ``catastrophe'' is a disaster or imminent 
disaster involving violent or sudden event affecting the public.

[57 FR 28640, June 26, 1992]



Sec. 73.1225  Station inspections by FCC.

    (a) The licensee of a broadcast station shall make the station 
available for inspection by representatives of the FCC during the 
station's business hours, or at any time it is in operation.
    (b) In the course of an inspection or investigation, an FCC 
representative may require special equipment tests, program tests or 
operation with nighttime or presunrise facilities during daytime hours 
pursuant to Sec. 0.314, part 0, of the FCC rules.
    (c) The following records shall be made available by all broadcast 
stations upon request by representatives of the FCC.
    (1) Equipment performance measurements required by Sec. Sec. 
73.1590 and 73.1690.
    (2) The written designations for chief operators and, when 
applicable, the contracts for chief operators engaged on a contract 
basis.

[[Page 277]]

    (3) Application for modification of the transmission system made 
pursuant to Sec. 73.1690(c).
    (4) Informal statements or drawings depicting any transmitter 
modification made pursuant to Sec. 73.1690(e).
    (5) Station logs and special technical records.
    (d) Commercial and noncommercial AM stations must make the following 
information also available upon request by representatives of the FCC.
    (1) Copy of the most recent antenna or common-point impedance 
measurements.
    (2) Copy of the most recent field strength measurements made to 
establish performance of directional antennas required by Sec. 73.151.
    (3) Copy of the partial directional antenna proofs of performance 
made in accordance with Sec. 73.154 and made pursuant to the following 
requirements:
    (i) Section 73.68, Sampling systems for antenna monitors.
    (ii) Section 73.69, Antenna monitors.
    (iii) Section 73.61, AM direction antenna field strength 
measurements.

[43 FR 45846, Oct. 4, 1978; 43 FR 50683, Oct. 31, 1978, as amended at 51 
FR 41629, Nov. 18, 1986; 51 FR 44478, Dec. 10, 1986; 57 FR 48333, Oct. 
23, 1992]



Sec. 73.1226  Availability to FCC of station logs and records.

    The following shall be made available to any authorized 
representative of the FCC upon request:
    (a) Station records and logs shall be made available for inspection 
or duplication at the request of the FCC or its representative. Such 
logs or records may be removed from the licensee's possession by an FCC 
representative or, upon request, shall be mailed by the licensee to the 
FCC by either registered mail, return receipt requested, or certified 
mail, return receipt requested. The return receipt shall be retained by 
the licensee as part of the station records until such records or logs 
are returned to the licensee. A receipt shall be furnished when the logs 
or records are removed from the licensee's possession by an FCC 
representative and this receipt shall be retained by the licensee as 
part of the station records until such records or logs are returned to 
the licensee. When the FCC has no further need for such records or logs, 
they shall be returned to the licensee. The provisions of this rule 
shall apply solely to those station logs and records which are required 
to be maintained by the provisions of this chapter.
    (1) Logs and records stored on microfilm, microfiche or other data-
storage systems are subject to the requirements pertaining thereto found 
in Sec. 73.1840(b).
    (b) Where records or logs are maintained as the official records of 
a recognized law enforcement agency and the removal of the records from 
the possession of the law enforcement agency will hinder its law 
enforcement activities, such records will not be removed pursuant to 
this section if the chief of the law enforcement agency promptly 
certifies in writing to the FCC that removal of the logs or records will 
hinder law enforcement activities of the agency, stating insofar as 
feasible the basis for his decision and the date when it can reasonably 
be expected that such records will be released to the FCC.

[43 FR 45847, Oct. 4, 1978; 43 FR 50683, Oct. 31, 1978, as amended at 45 
FR 41151, June 18, 1980; 48 FR 28457, June 22, 1983; 83 FR 65557, Dec. 
21, 2018]



Sec. 73.1250  Broadcasting emergency information.

    (a) Emergency situations in which the broadcasting of information is 
considered as furthering the safety of life and property include, but 
are not limited to the following: Tornadoes, hurricanes, floods, tidal 
waves, earthquakes, icing conditions, heavy snows, widespread fires, 
discharge of toxic gasses, widspread power failures, industrial 
explosions, civil disorders and school closing and changes in school bus 
schedules resulting from such conditions. See also Sec. 73.3542, 
Application for Emergency Authorization, for requirements involving 
emergency situations not covered by this section for which prior 
operating authority must be requested.
    (b) If requested by responsible public officials, a station may, at 
its discretion, and without further FCC authority, transmit emergency 
point-to-point messages for the purpose of requesting

[[Page 278]]

or dispatching aid and assisting in rescue operations.
    (c) If the Emergency Alert System (EAS) is activated for a national 
emergency while a Local Area or State emergency operation is in 
progress, the national level EAS operation must take precedence. If, 
during the broadcasting of Local Area or State emergency information, 
the EAS codes or Attention Signal described in Sec. 11.12 of this 
chapter are used, the broadcasts are considered as being carried out 
under a Local Area or State EAS plan.
    (d) Any emergency operation undertaken in accordance with this 
section may be terminated by the FCC if required in the public interest.
    (e) Immediately upon cessation of an emergency during which 
broadcast facilities were used for the transmission of point-to-point 
messages under paragraph (b) of this section, or when daytime facilities 
were used during nighttime hours by an AM station in accordance with 
paragraph (f) of this section, a report in letter form shall be 
forwarded to the FCC in Washington, DC, setting forth the nature of the 
emergency, the dates and hours of the broadcasting of emergency 
information, and a brief description of the material carried during the 
emergency. A certification of compliance with the noncommercialization 
provision of paragraph (f) of this section must accompany the report 
where daytime facilities are used during nighttime hours by an AM 
station, together with a detailed showing, under the provisisons of that 
paragraph, that no other broadcast service existed or was adequate.
    (f) AM stations may, without further FCC authority, use their full 
daytime facilities during nighttime hours to broadcast emergency 
information (examples listed in paragraph (a) of this section), when 
necessary to the safety of life and property, in dangerous conditions of 
a general nature and when adequate advance warning cannot be given with 
the facilities authorized. Because of skywave interference impact on 
other stations assigned to the same channel, such operation may be 
undertaken only if regular, unlimited-time service, is non-existent, 
inadequate from the standpoint of coverage, or not serving the public 
need. All operation under this paragraph must be conducted on a 
noncommercial basis. Recorded music may be used to the extent necessary 
to provide program continuity.
    (g) Broadcasting of emergency information shall be confined to the 
hours, frequencies, powers and modes of operation specified in the 
station license, except as otherwise provided for AM stations in 
paragraph (f) of this section.
    (h) Any emergency information transmitted by a TV or Class A TV 
station in accordance with this section shall be transmitted both 
aurally and visually or only visually. TV and Class A TV stations may 
use any method of visual presentation which results in a legible message 
conveying the essential emergency information. Methods which may be used 
include, but are not necessarily limited to, slides, electronic 
captioning, manual methods (e.g., hand printing) or mechanical printing 
processes. However, when an emergency operation is being conducted under 
a national, State or Local Area Emergency Alert System (EAS) plan, 
emergency information shall be transmitted both aurally and visually 
unless only the EAS codes are transmitted as specified in Sec. 11.51(b) 
of this chapter.

[43 FR 45847, Oct. 4, 1978, as amended at 50 FR 30947, July 31, 1985; 59 
FR 67102, Dec. 28, 1994; 60 FR 56000, Nov. 6, 1995; 65 FR 30003, May 10, 
2000]



Sec. 73.1300  Unattended station operation.

    Broadcast stations may be operated as either attended (where a 
designated person is responsible for the proper operation of the 
transmitting apparatus either at the transmitter site, a remote control 
point or an ATS control point) or unattended (where highly stable 
equipment or automated monitoring of station operating parameters is 
employed). No prior FCC approval is required to operate a station in the 
unattended mode. Regardless of which method of station operation is 
employed, licensees must employ procedures which will ensure compliance 
with Part 11 of this chapter, the rules

[[Page 279]]

governing the Emergency Alert System (EAS).

[60 FR 55481, Nov. 1, 1995]



Sec. 73.1350  Transmission system operation.

    (a) Each licensee is responsible for maintaining and operating its 
broadcast station in a manner which complies with the technical rules 
set forth elsewhere in this part and in accordance with the terms of the 
station authorization.
    (b) The licensee must designate a chief operator in accordance with 
Sec. 73.1870. The licensee may designate one or more technically 
competent persons to adjust the transmitter operating parameters for 
compliance with the technical rules and the station authorization.
    (1) Persons so authorized by the licensee may make such adjustments 
directly at the transmitter site or by using control equipment at an 
off-site location.
    (2) The transmitter control personnel must have the capability to 
turn the transmitter off at all times. If the personnel are at a remote 
location, the control system must provide this capability continuously 
or must include an alternate method of acquiring control that can 
satisfy the requirement of paragraph (e) of this section that operation 
be terminated within three minutes.
    (c) The licensee must establish monitoring procedures and schedules 
for the station and the indicating instruments employed must comply with 
Sec. 73.1215.
    (1) Monitoring procedures and schedules must enable the licensee to 
determine compliance with Sec. 73.1560 regarding operating power and AM 
station mode of operation, Sec. 73.1570 regarding modulation levels, 
and, where applicable, Sec. 73.1213 regarding antenna tower lighting, 
and Sec. 73.69 regarding the parameters of an AM directional antenna 
system.
    (2) Monitoring equipment must be periodically calibrated so as to 
provide reliable indications of transmitter operating parameters with a 
known degree of accuracy. Errors inherent in monitoring equipment and 
the calibration procedure must be taken into account when adjusting 
operating parameters to ensure that the limits imposed by the technical 
rules and the station authorization are not exceeded.
    (d) In the event that a broadcast station is operating in a manner 
that is not in compliance with the applicable technical rules set forth 
elsewhere in this part or the terms of the station authorization, and 
the condition is not listed in paragraph (e) or (f) of this section, 
broadcast operation must be terminated within three hours unless antenna 
input power is reduced sufficiently to eliminate any excess radiation. 
Examples of conditions that require termination of operation within 
three hours include excessive power, excessive modulation or the 
emission of spurious signals that do not result in harmful interference.
    (e) If a broadcast station is operating in a manner that poses a 
threat to life or property or that is likely to significantly disrupt 
the operation of other stations, immediate corrective action is 
required. In such cases, operation must be terminated within three 
minutes unless antenna input power is reduced sufficiently to eliminate 
any excess radiation. Examples of conditions that require immediate 
corrective action include the emission of spurious signals that cause 
harmful interference, any mode of operation not specified by the station 
license for the pertinent time of day, or operation substantially at 
variance from the authorized radiation pattern.
    (f) If a broadcast station is operating in a manner that is not in 
compliance with one of the following technical rules, operation may 
continue if the station complies with relevant alternative provisions in 
the specified rule section.
    (1) AM directional antenna system tolerances, see Sec. 73.62;
    (2) AM directional antenna monitoring points, see Sec. 73.158;
    (3) TV visual waveform, see Sec. 73.691(b);
    (4) Reduced power operation, see Sec. 73.1560(d);
    (5) Reduced modulation level, see Sec. 73.1570(a);
    (6) Emergency antennas, see Sec. 73.1680.
    (g) The transmission system must be maintained and inspected in 
accordance with Sec. 73.1580.

[[Page 280]]

    (h) Whenever a transmission system control point is established at a 
location other than the main studio or transmitter, a letter of 
notification of that location must be sent to the FCC in Washington, DC, 
Attention: Audio Division (radio) or Video Division (television), Media 
Bureau, within 3 days of the initial use of that point. The letter 
should include a list of all control points in use, for clarity. This 
notification is not required if responsible station personnel can be 
contacted at the transmitter or studio site during hours of operation.
    (i) The licensee must ensure that the station is operated in 
compliance with Part 11 of this chapter, the rules governing the 
Emergency Alert System (EAS).

[60 FR 55481, Nov. 1, 1995, as amended at 63 FR 33877, June 22, 1998; 67 
FR 13232, Mar. 21, 2002; 72 FR 44423, Aug. 8, 2007]



Sec. 73.1400  Transmission system monitoring and control.

    The licensee of an AM, FM, TV or Class A TV station is responsible 
for assuring that at all times the station operates within tolerances 
specified by applicable technical rules contained in this part and in 
accordance with the terms of the station authorization. Any method of 
complying with applicable tolerances is permissible. The following are 
typical methods of transmission system operation:
    (a) Attended operation. (1) Attended operation consists of ongoing 
supervision of the transmission facilities by a station employee or 
other person designated by the licensee. Such supervision may be 
accomplished by either:
    (i) Direct supervision and control of transmission system parameters 
by a person at the transmitter site; or
    (ii) Remote control of the transmission system by a person at a 
studio or other location. The remote control system must provide 
sufficient transmission system monitoring and control capability so as 
to ensure compliance with Sec. 73.1350.
    (2) A station may also be monitored and controlled by an automatic 
transmission system (ATS) that is configured to contact a person 
designated by the licensee in the event of a technical malfunction. An 
automatic transmission system consists of monitoring devices, control 
and alarm circuitry, arranged so that they interact automatically to 
operate the station's transmitter and maintain technical parameters 
within licensed values.
    (3) A hybrid system containing some remote control and some ATS 
features is also permissible.
    (4) In the case of remote control or ATS operation, not every 
station parameter need be monitored or controlled if the licensee has 
good reason to believe that its stability is so great that its 
monitoring and control are unnecessary.
    (b) Unattended operation. Unattended operation is either the absence 
of human supervision or the substitution of automated supervision of a 
station's transmission system for human supervision. In the former case, 
equipment is employed which is expected to operate within assigned 
tolerances for extended periods of time. The latter consists of the use 
of a self-monitoring or ATS-monitored and controlled transmission system 
that, in lieu of contacting a person designated by the licensee, 
automatically takes the station off the air within three hours of any 
technical malfunction which is capable of causing interference.

[60 FR 55481, Nov. 1, 1995, as amended at 65 FR 30003, May 10, 2000; 82 
FR 57882, Dec. 8, 2017]



Sec. 73.1515  Special field test authorizations.

    (a) A special field test authorization may be issued to conduct 
field strength surveys to aid in the selection of suitable sites for 
broadcast transmission facilities, determine coverage areas, or to study 
other factors influencing broadcast signal propagation. The applicant 
for the authorization must be qualified to hold a license under section 
303(1)(l) of the Communications Act.
    (b) Requests for authorizations to operate a transmitter under a 
Special field test authorization must be in writing using an informal 
application in letter form, signed by the applicant and including the 
following information:
    (1) Purpose, duration and need for the survey.

[[Page 281]]

    (2) Frequency, transmitter output powers and time of operation.
    (3) A brief description of the test antenna system, its estimated 
effective radiated field and height above ground or average terrain, and 
the geographic coordinates of its proposed location(s).
    (c) Operation under a special field test authorization is subject to 
the following conditions:
    (1) No objectionable interference will result to the operation of 
other authorized radio services; in this connection, the power requested 
shall not exceed that necessary for the purposes of the test.
    (2) The carriers will be unmodulated except for the transmission of 
a test-pattern on a visual TV transmitter, and for hourly voice station 
identification on aural AM, FM and TV transmitters.
    (3) The transmitter output power or antenna input power may not 
exceed those specified in the test authorization and the operating power 
must be maintained at a constant value for each phase of the tests.
    (4) The input power to the final amplifier stage, and the AM antenna 
current or the FM or TV transmitter output power must be observed and 
recorded at half hour intervals and at any time that the power is 
adjusted or changed. Copies of these records must be submitted to the 
FCC with the required report.
    (5) The test equipment may not be permanently installed, unless such 
installation has been separately authorized. Mobile units are not deemed 
permanent installations.
    (6) Test transmitters must be operated by or under the immediate 
direction of an operator holding a commercial radio operator license 
(any class, unless otherwise endorsed).
    (7) A report, containing the measurements, their analysis and other 
results of the survey shall be filed with the FCC in Washington, DC 
within sixty (60) days following the termination of the test 
authorization.
    (8) The test transmission equipment, installation and operation 
thereof need not comply with the requirements of FCC rules and standards 
except as specified in this section if the equipment, installation and 
operation are consistent with good engineering principles and practices.
    (d) A special field test authorization may be modified or terminated 
by notification from the FCC if in its judgment such action will promote 
the public interest, convenience and necessity.

[44 FR 58734, Oct. 11, 1979, as amended at 46 FR 35463, July 8, 1981; 49 
FR 4211, Feb. 3, 1984; 49 FR 20670, May 16, 1984]



Sec. 73.1520  Operation for tests and maintenance.

    (a) Broadcast stations may be operated for tests and maintenance of 
their transmitting systems on their assigned frequencies using their 
licensed operating power and antennas during their authorized hours of 
operation without specific authorization from the FCC.
    (b) Licensees of AM stations may operate for tests and maintenance 
during the hours from 12 midnight local time to local sunrise, if no 
interference is caused to other stations maintaining a regular operating 
schedule within such period. No AM station licensed for ``daytime'' or 
``specified hours'' of operation may broadcast any regular or scheduled 
programs during this period of test and maintenance operation.
    (c) Licensees of AM stations may obtain special antenna test 
authorizations, and operate under the provisions described in Sec. 
73.157, to operate with nighttime facilities during daytime hours in 
conducting directional antenna field strength and antenna proof of 
performance measurements.

[43 FR 32783, July 28, 1978, as amended at 45 FR 6401, Jan. 28, 1980]



Sec. 73.1530  Portable test stations [Definition].

    A portable test station is one that is moved from place to place for 
making field strength and ground conductivity measurements, for 
selecting station transmitter sites, and conducting other specialized 
propagation tests. Portable test stations are not normally used while in 
motion, and may not be used for the transmission of programs intended to 
be received by the public.

[43 FR 32783, July 28, 1978]

[[Page 282]]



Sec. 73.1540  Carrier frequency measurements.

    (a) The carrier frequency of each AM and FM station and the visual 
carrier frequency and the difference between the visual carrier and the 
aural carrier or center frequency of each TV and Class A TV station 
shall be measured or determined as often as necessary to ensure that 
they are maintained within the prescribed tolerances.
    (b) In measuring the carrier frequency, the licensee may use any 
method or procedure that has sufficient precision to establish that the 
carrier frequency is within the prescribed departure limits.
    (c) The primary standard of frequency for radio frequency 
measurements is the standard frequency maintained by the National Bureau 
of Standards or the standard signals of Stations WWV, WWVB, and WWVH of 
the National Bureau of Standards.

[43 FR 32783, July 28, 1978, as amended at 48 FR 44805, Sept. 30, 1983; 
65 FR 30004, May 10, 2000]



Sec. 73.1545  Carrier frequency departure tolerances.

    (a) AM stations. The departure of the carrier frequency for 
monophonic transmissions or center frequency for stereophonic 
transmissions may not exceed 20 Hz from the 
assigned frequency.
    (b) FM stations. (1) The departure of the carrier or center 
frequency of an FM station with an authorized transmitter output power 
more than 10 watts may not exceed 2000 Hz from the 
assigned frequency.
    (2) The departure of the carrier or center frequency of an FM 
station with an authorized transmitter output power of 10 watts or less 
may not exceed 3000 Hz from the assigned 
frequency.
    (c) TV stations. (1) The departure of the visual carrier frequency 
of a TV station may not exceed 1000 Hz from the 
assigned visual carrier frequency.
    (2) The departure of the aural carrier frequency of a TV station may 
not exceed 1000 Hz from the actual visual carrier 
frequency plus exactly 4.5 MHz.
    (d) International broadcast stations. The departure of the carrier 
frequency of an International broadcast station may not exceed 0.0015% 
of the assigned frequency on which the station is transmitting.
    (e) Class A TV stations. The departure of the carrier frequency of 
Class A TV stations may not exceed the values specified in Sec. 74.761 
of this chapter. Provided, however, that Class A TV stations licensed to 
operate with a carrier offset, including those stations licensed with a 
maximum effective radiated power and/or antenna height greater than the 
values specified in their initial Class A TV station authorization, must 
comply with paragraph (c) of this section.

    Note to paragraph (e): At a date not later than nine months after 
release of the Memorandum Opinion and Order on Reconsideration in MM 
Docket No. 00-10 (the proceeding that established the Class A TV 
service), all licensed Class A stations must operate with a carrier 
frequency offset. See Memorandum Opinion and Order on Reconsideration, 
In the Matter of Establishment of a Class A Television Service, MM 
Docket No. 00-10, released April 13, 2001.

[44 FR 58734, Oct. 11, 1979; 44 FR 64408, Nov. 7, 1979, as amended at 47 
FR 13165, Mar. 29, 1982; 65 FR 30004, May 10, 2000; 67 FR 21691, May 1, 
2001]



Sec. 73.1560  Operating power and mode tolerances.

    (a) AM stations. (1) Except for AM stations using modulation 
dependent carrier level (MDCL) control technology, or as provided for in 
paragraph (d) of this section, the antenna input power of an AM station, 
as determined by the procedures specified in Sec. 73.51, must be 
maintained as near as practicable to the authorized antenna input power 
and may not be less than 90 percent nor greater than 105 percent of the 
authorized power. AM stations may, without prior Commission authority, 
commence MDCL control technology use, provided that within 10 days after 
commencing such operation, the licensee submits an electronic 
notification of commencement of MDCL control operation using FCC Form 
338. The transmitter of an AM station operating using MDCL control 
technology, regardless of the MDCL control technology employed, must 
achieve full licensed power at some audio input level or when the MDCL 
control technology is disabled. MDCL control operation

[[Page 283]]

must be disabled before field strength measurements on the station are 
taken.
    (2) Whenever the transmitter of an AM station cannot be placed into 
the specified operating mode at the time required, transmissions of the 
station must be immediately terminated. However, if the radiated field 
at any bearing or elevation does not exceed that permitted for that time 
of day, operation in the mode with the lesser radiated field may 
continue under the notification procedures of paragraph (d) of this 
section.
    (b) FM stations. Except as provided in paragraph (d) of this 
section, the transmitter output power of an FM station, with power 
output as determined by the procedures specified in Sec. 73.267, which 
is authorized for output power more than 10 watts must be maintained as 
near as practicable to the authorized transmitter output power and may 
not be less than 90% nor more than 105% of the authorized power. FM 
stations operating with authorized transmitter output power of 10 watts 
or less, may operate at less than the authorized power, but not more 
than 105% of the authorized power.
    (c) TV stations. (1) Except as provided in paragraph (d) of this 
section, the visual output power of a TV or Class A TV transmitter, as 
determined by the procedures specified in Sec. 73.664, must be 
maintained as near as is practicable to the authorized transmitter 
output power and may not be less than 80% nor more than 110% of the 
authorized power.
    (2) The output power of the aural transmitter shall be maintained to 
provide an aural carrier ERP not to exceed 22% of the peak authorized 
visual ERP.
    (3) The FCC may specify deviation from the power of tolerance 
requirements for subscription television operations to the extent it 
deems necessary to permit proper operation.
    (d) Reduced power operation. In the event it becomes technically 
impossible to operate at authorized power, a broadcast station may 
operate at reduced power for a period of not more than 30 days without 
specific authority from the FCC. If operation at reduced power will 
exceed 10 consecutive days, notification must be made to the FCC in 
Washington, DC, Attention: Audio Division (radio) or Video Division 
(television), Media Bureau, not later than the 10th day of the lower 
power operation. In the event that normal power is restored within the 
30 day period, the licensee must notify the FCC of the date that normal 
operation was restored. If causes beyond the control of the licensee 
prevent restoration of the authorized power within 30 days, a request 
for Special Temporary Authority (see Sec. 73.1635) must be made to the 
FCC in Washington, DC for additional time as may be necessary.

[44 FR 58734, Oct. 11, 1979, as amended at 49 FR 22093, May 25, 1984; 49 
FR 29069, July 18, 1984; 49 FR 47610, Dec. 6, 1984; 50 FR 26568, June 
27, 1985; 50 FR 40015, Oct. 1, 1985; 63 FR 33877, June 22, 1998; 65 FR 
30004, May 10, 2000; 67 FR 13232, Mar. 21, 2002; 81 FR 2760, Jan. 19, 
2016]



Sec. 73.1570  Modulation levels: AM, FM, TV and Class A TV aural.

    (a) The percentage of modulation is to be maintained at as high a 
level as is consistent with good quality of transmission and good 
broadcast service, with maximum levels not to exceed the values 
specified in paragraph (b). Generally, the modulation should not be less 
than 85% on peaks of frequent recurrence, but where lower modulation 
levels may be required to avoid objectionable loudness or to maintain 
the dynamic range of the program material, the degree of modulation may 
be reduced to whatever level is necessary for this purpose, even though 
under such circumstances, the level may be substantially less than that 
which produces peaks of frequent recurrence at a level of 85%.
    (b) Maximum modulation levels must meet the following limitations:
    (1) AM stations. In no case shall the amplitude modulation of the 
carrier wave exceed 100% on negative peaks of frequent recurrence, or 
125% on positive peaks at any time.
    (i) AM stations transmitting stereophonic programs not exceed the AM 
maximum stereophonic transmission signal modulation specifications of 
stereophonic system in use.
    (ii) For AM stations transmitting telemetry signals for remote 
control or

[[Page 284]]

automatic transmission system operation, the amplitude of modulation of 
the carrier by the use of subaudible tones must not be higher than 
necessary to effect reliable and accurate data transmission and may not, 
in any case, exceed 6%.
    (2) FM stations. The total modulation must not exceed 100 percent on 
peaks of frequent reoccurrence referenced to 75 kHz deviation. However, 
stations providing subsidiary communications services using subcarriers 
under provisions of Sec. 73.319 concurrently with the broadcasting of 
stereophonic or monophonic programs may increase the peak modulation 
deviation as follows:
    (i) The total peak modulation may be increased 0.5 percent for each 
1.0 percent subcarrier injection modulation.
    (ii) In no event may the modulation of the carrier exceed 110 
percent (82.5 kHz peak deviation).
    (3) TV and Class A TV stations. In no case shall the total 
modulation of the aural carrier exceed 100% on peaks of frequent 
recurrence, unless some other peak modulation level is specified in an 
instrument of authorization. For monophonic transmissions, 100% 
modulation is defined as 25 kHz.
    (c) If a limiting or compression amplifier is employed to maintain 
modulation levels, precaution must be taken so as not to substantially 
alter the dynamic characteristics of programs.

[44 FR 58735, Oct. 11, 1979, as amended at 47 FR 13165, Mar. 29, 1982; 
49 FR 14508, Apr. 12, 1984; 49 FR 15081, Apr. 17, 1984; 49 FR 27147, 
July 2, 1984; 49 FR 47610, Dec. 6, 1984; 49 FR 48312, Dec. 12, 1984; 51 
FR 26251, July 22, 1986; 56 FR 64872, Dec. 12, 1991; 65 FR 30004, May 
10, 2000]



Sec. 73.1580  Transmission system inspections.

    Each AM, FM, TV and Class A TV station licensee or permittee must 
conduct periodic complete inspections of the transmitting system and all 
required monitors to ensure proper station operation.

[65 FR 30004, May 10, 2000]



Sec. 73.1590  Equipment performance measurements.

    (a) The licensee of each AM, FM, TV and Class A TV station, except 
licensees of Class D non-commercial educational FM stations authorized 
to operate with 10 watts or less output power, must make equipment 
performance measurements for each main transmitter as follows:
    (1) Upon initial installation of a new or replacement main 
transmitter.
    (2) Upon modification of an existing transmitter made under the 
provisions of Sec. 73.1690, Modification of transmission systems, and 
specified therein.
    (3) Installation of AM stereophonic transmission equipment pursuant 
to Sec. 73.128.
    (4) Installation of FM subcarrier or stereophonic transmission 
equipment pursuant to Sec. 73.295, Sec. 73.297, Sec. 73.593 or Sec. 
73.597.
    (5) Installation of TV stereophonic or subcarrier transmission 
equipment pursuant to Sec. Sec. 73.669 and 73.1690.
    (6) Annually, for AM stations, with not more than 14 months between 
measurements.
    (7) When required by other provisions of the rules or the station 
license.
    (b) Measurements for spurious and harmonic emissions must be made to 
show compliance with the transmission system requirements of Sec. 73.44 
for AM stations; Sec. 73.317 for FM stations and Sec. 73.687 for TV 
stations. Measurements must be made under all conditions of modulation 
expected to be encountered by the station whether transmitting 
monophonic or stereophonic programs and providing subsidiary 
communications services.
    (c) TV visual equipment performance measurements must be made with 
the equipment adjusted for normal program operation at the transmitter 
antenna sampling port to yield the following information:
    (1) Field strength or voltage of the lower side-band for a 
modulating frequency of 1.25 MHz or greater, (including 3.58 MHz for 
color), and of the upper side-band for a modulating frequency of 4.75 
MHz or greater.
    (2) Data showing that the waveform of the transmitted signal 
conforms to that specified by the standards for TV transmissions.
    (3) Photographs of a test pattern taken from a receiver or monitor 
connected to the transmitter output.

[[Page 285]]

    (4) Data showing envelope delay characteristics of the radiated 
signal.
    (5) Data showing the attenuation of spurious and harmonic radiation, 
if, after type acceptance, any changes have been made in the transmitter 
or associated equipment (filters, multiplexer, etc.) which could cause 
changes in its radiation products.
    (d) The data required by paragraphs (b) and (c) of this section, 
together with a description of the equipment and procedure used in 
making the measurements, signed and dated by the qualified person(s) 
making the measurements, must be kept on file at the transmitter or 
remote control point for a period of 2 years, and on request must be 
made available during that time to duly authorized representatives of 
the FCC.

[47 FR 8589, Mar. 1, 1982, as amended at 51 FR 18450, May 20, 1986; 65 
FR 30004, May 10, 2000]



Sec. 73.1610  Equipment tests.

    (a) During the process of construction of a new broadcast station, 
the permittee, after notifying the FCC in Washington, D.C. may, without 
further authority from the FCC, conduct equipment tests for the purpose 
of making such adjustments and measurements as may be necessary to 
assure compliance with the terms of the construction permit, the 
technical provisions of the application therefore, the rules and 
regulations and the applicable engineering standards. For AM stations, 
equipment tests, including either a directional or nondirectional proof 
of performance required by the construction permit, may be conducted 
during daytime hours provided that the antenna system is first 
substantially tuned during the experimental period. The nondirectional 
proof shall be conducted with power adjusted to 25% of that specified in 
the permit for the authorized directional facilities or, if applicable, 
to such higher power as is specified in the same permit for authorized 
nondirectional facilities. For licensed stations, see Sec. 73.1615, 
Operation During Modification of Facilities; and Sec. 73.157, Antenna 
Testing During Daytime.
    (b) The FCC may notify the permittee not to conduct equipment tests 
or may modify, cancel, suspend, or change the modes of testing or the 
dates and times for such tests in order to resolve interference 
complaints or when such action may appear to be in the public interest, 
convenience, and necessity.
    (c) Equipment tests may be continued so long as the construction 
permit shall remain valid.
    (d) The authorization for tests embodied in this section shall not 
be construed as constituting a license to operate but as a necessary 
part of construction.

[43 FR 32783, July 28, 1978, as amended at 47 FR 40174, Sept. 13, 1982; 
50 FR 30947, July 31, 1985]



Sec. 73.1615  Operation during modification of facilities.

    When the licensee of an existing AM, FM, TV or Class A TV station is 
in the process of modifying existing facilities as authorized by a 
construction permit and determines it is necessary to either discontinue 
operation or to operate with temporary facilities to continue program 
service, the following procedures apply:
    (a) Licensees holding a construction permit for modification of 
directional or nondirectional FM, TV or Class A TV or nondirectional AM 
station facilities may, without specific FCC authority, for a period not 
exceeding 30 days:
    (1) Discontinue operation, or
    (2) Operate with temporary facilities to maintain, as nearly as 
possible, but not exceed, the size of the presently licensed coverage 
area.
    (b) Licensees of an AM station holding a construction permit which 
involves directional facilities and which does not involve a change in 
operating frequency may, without specific FCC authority, for a period 
not exceeding 30 days:
    (1) Discontinue operation, or
    (2) Operate with reduced power or with parameters at variance from 
licensed tolerances while maintaining monitoring point field strengths 
within licensed limits during the period subsequent to the commencement 
of modifications authorized by the construction permit, or
    (3) Operate in a nondirectional mode during the presently licensed 
hours of

[[Page 286]]

directional operation with power reduced to 25% or less of the nominal 
licensed power, or whatever higher power, not exceeding licensed power, 
will insure that the radiated field strength specified by the license is 
not exceeded at any given asimuth for the corresponding hours of 
directional operation, or
    (4) Operate in a nondirectional mode during daytime hours, if not 
already so licensed, only as necessary to conduct a required 
nondirectional proof of performance with a power not to exceed 25% of 
the maximum power authorized by the construction permit for directional 
operation, or
    (5) Operate during daytime hours with either the daytime or 
nighttime directional pattern and with the power authorized by the 
construction permit only as necessary to take proof of performance 
measurements. Operating power shall be promptly reduced to presently 
licensed level during any significant period of time that these 
measurements are not being taken. No daytime operation of construction 
permit directional patterns authorized by this paragraph shall be 
conducted before such patterns have been substantially tuned during the 
experimental period.
    (6) In the event the directional pattern authorized by the 
construction permit replaces a licensed directional pattern, the 
licensee may operate with the substantially adjusted construction permit 
pattern during the corresponding licensed hours of directional operation 
with power not exceeding that specified for the licensed pattern.
    (c) Such operation or discontinuance of operation in accordance with 
the provisions of paragraph (a) or (b) of this section may begin upon 
notification to the FCC in Washington, DC.
    (1) Should it be necessary to continue the procedures in either 
paragraph (a) or (b) of this section beyond 30 days, an informal letter 
request signed by the licensee or the licensee's representative must be 
sent to the FCC in Washington, DC. prior to the 30th day.
    (2) The license of a broadcasting station that fails to transmit 
broadcast signals for any consecutive 12-month period expires as a 
matter of law at the end of that period, notwithstanding any provision, 
term, or condition of the license or construction permit to the 
contrary.
    (d) Licensees of an AM station holding a construction permit which 
authorizes both a change in frequency and directional facilities must 
request and obtain authority from the FCC in Washington, DC. prior to 
using any new installation authorized by the permit, or using temporary 
facilities.
    (1) The request is to be made at least 10 days prior to the date on 
which the temporary operation is to commence. The request is to be made 
by letter which shall describe the operating modes and facilities to be 
used. Such letter requests shall be signed by the licensee or the 
licensee's representative.
    (2) Discontinuance of operation is permitted upon notification to 
the FCC In Washington, DC. Should it be necessary to discontinue 
operation longer than 30 days, an informal letter request, signed by the 
licensee or the licensee's representatives, must be sent to the FCC in 
Washington, DC prior to the 30th day.
    (e) The FCC may modify or cancel the temporary operation permitted 
under the provisions of paragraph (a), (b), (c) or (d) of this section 
without prior notice or right to hearing.

[50 FR 30947, July 31, 1985, as amended at 61 FR 28767, June 6, 1996; 65 
FR 30004, May 10, 2000]



Sec. 73.1620  Program tests.

    (a) Upon completion of construction of an AM, FM, TV or Class A TV 
station in accordance with the terms of the construction permit, the 
technical provisions of the application, the rules and regulations and 
the applicable engineering standards, program tests may be conducted in 
accordance with the following:
    (1) The permittee of a nondirectional AM or FM station, or a 
nondirectional or directional TV or Class A TV station, may begin 
program tests upon notification to the FCC in Washington, DC provided 
that within 10 days thereafter, an application for a license is filed 
with the FCC in Washington, DC.
    (2) The permittee of an FM station with a directional antenna system

[[Page 287]]

must file an application for license on FCC Form 302-FM requesting 
authority to commence program test operations at full power with the FCC 
in Washington, D.C. This license application must be filed at least 10 
days prior to the date on which full power operations are desired to 
commence. The application for license must contain any exhibits called 
for by conditions on the construction permit. The staff will review the 
license application and the request for program test authority and issue 
a letter notifying the applicant whether full power operation has been 
approved. Upon filing of the license application and related exhibits, 
and while awaiting approval of full power operation, the FM permittee 
may operate the directional antenna at one half (50%) of the authorized 
effective radiated power. Alternatively, the permittee may continue 
operation with its existing licensed facilities pending the issuance of 
program test authority at the full effective radiated power by the 
staff.
    (3) FM licensees replacing a directional antenna pursuant to Sec. 
73.1690(c)(2) without changes which require a construction permit (see 
Sec. 73.1690(b)) may immediately commence program test operations with 
the new antenna at one half (50%) of the authorized ERP upon 
installation. If the directional antenna replacement is an EXACT 
duplicate of the antenna being replaced (i.e., same manufacturer, 
antenna model number, and measured or computer modeled composite 
pattern), program tests may commence with the new antenna at the full 
authorized power upon installation. The licensee must file a 
modification of license application on FCC Form 2100, Schedule 302-FM 
within 10 days of commencing operations with the newly installed 
antenna, and the license application must contain all of the exhibits 
required by Sec. 73.1690(c)(2). After review of the modification-of-
license application to cover the antenna change, the Commission will 
issue a letter notifying the applicant whether program test operation at 
the full authorized power has been approved for the replacement 
directional antenna.
    (4) The permittee of an AM station with a directional antenna system 
must file an application for license on FCC Form 302-AM requesting 
program test authority with the FCC in Washington, DC at least ten (10) 
days prior to the date on which it desires to commence program test 
operations. The application must provide an AM directional antenna proof 
of performance, containing the exhibits required by Sec. 73.186. After 
review of the application to cover the construction permit, the 
Commission will issue a letter notifying the applicant whether program 
test operations may commence. Program test operations may not commence 
prior to issuance of staff approval.
    (5) Except for permits subject to successive license terms, the 
permittee of an LPFM station may begin program tests upon notification 
to the FCC in Washington, DC, provided that within 10 days thereafter, 
an application for license is filed. Program tests may be conducted by a 
licensee subject to mandatory license terms only during the term 
specified on such licensee's authorization.
    (b) The Commission reserves the right to revoke, suspend, or modify 
program tests by any station without right of hearing for failure to 
comply adequately with all terms of the construction permit or the 
provisions of Sec. 73.1690(c) for a modification of license 
application, or in order to resolve instances of interference. The 
Commission may, at its discretion, also require the filing of a 
construction permit application to bring the station into compliance the 
Commission's rules and policies.
    (c) Unless sooner suspended or revoked, the program test authority 
continues valid during FCC consideration of the application for license, 
and during this period further extension of the construction permit is 
not required. Program test authority shall be automatically terminated 
by final determination upon the application for station license.
    (d) All operation under program test authority shall be in strict 
compliance with the rules governing broadcast stations and in strict 
accordance with representations made in the application for license 
pursuant to which the tests were authorized.

[[Page 288]]

    (e) Acceptance by the FCC of notification of the station of program 
tests, or the granting of program test authority by the FCC, is not to 
be construed by the permittee as approval by the FCC of the application 
for station license.
    (f) The licensee of a UHF TV station which is not in operation on, 
but assigned to, the same allocated channel which a 1000 watt UHF 
translator station is authorized to use (see Sec. 73.3516, 
``Specification of facilities''), shall notify the licensee of the 
translator station, in writing, at least 10 days prior to commencing or 
resuming operation. The TV station licensee shall also certify to the 
FCC in Washington, DC that such advance notice has been given to the 
translator station licensee.
    (g) Reports required. In their application for a license to cover a 
construction permit and on the first anniversary of the commencement of 
program tests, applicants for new broadcast facilities that were granted 
after designation for a comparative hearing as a result of a post 
designation settlement or a decision favoring them after comparative 
consideration must report.
    (1) Any deviations from comparative proposals relating to 
integration of ownership and management and diversification of the media 
of mass communciation contained in their application for a construction 
permit at the time such application was granted; and
    (2) Any deviations from an active/passive ownership structure 
proposed in their application for a construction permit at the time such 
application was granted.
    (3) The reports referred to in paragraphs (g)(1) and (2) of this 
section shall not be required in any case in which the order granting 
the application relieved the applicant of the obligation to adhere to 
such proposals.

[43 FR 32784, July 28, 1978, as amended at 45 FR 6401, Jan. 28, 1980; 47 
FR 28388, June 30, 1982; 49 FR 38132, Sept. 27, 1984; 56 FR 795, Jan. 9, 
1991; 56 FR 25639, June 5, 1991; 57 FR 48333, Oct. 23, 1992; 62 FR 
51059, Sept. 30, 1997; 65 FR 7648, Feb. 15, 2000; 65 FR 30004, May 10, 
2000; 87 FR 35431, June 10, 2022]



Sec. 73.1635  Special temporary authorizations (STA).

    (a) A special temporary authorization (STA) is the authority granted 
to a permittee or licensee to permit the operation of a broadcast 
facility for a limited period at a specified variance from the terms of 
the station authorization or requirements of the FCC rules applicable to 
the particular class of station.
    (1) A request for a STA should be filed with FCC in Washington, DC 
at least 10 days prior to the date of the proposed operation.
    (2) The request is to be made by letter and shall fully describe the 
proposed operation and the necessity for the requested STA. Such letter 
requests shall be signed by the licensee or the licensee's 
representative.
    (3) A request for a STA necessitated by unforeseen equipment damage 
or failure may be made without regard to the procedural requirements of 
this section (e.g. via telegram or telephone). Any request made pursuant 
to this paragraph shall be followed by a written confirmation request 
conforming to the requirements of paragraph (a)(2) of this section. 
Confirmation requests shall be submitted within 24 hours. (See also 
Sec. 73.1680 Emergency Antennas).
    (4) An STA may be granted for an initial period not to exceed 180 
days. A limited number of extensions of such authorizations may be 
granted for additional periods not exceeding 180 days per extension. An 
STA necessitated by technical or equipment problems, however, may, in 
practice, be granted for an initial period not to exceed 90 days with a 
limited number of extensions not to exceed 90 days per extension. The 
permittee or licensee must demonstrate that any further extensions 
requested are necessary and that all steps to resume normal operation 
are being undertaken in an expeditions and timely fashion. The license 
of a broadcasting station that fails to transmit broadcast signals for 
any consecutive 12-month period expires as a matter of law at the end of 
that period, notwithstanding any STA or provision, term, or condition of 
the license to the contrary.

[[Page 289]]

    (5) Certain rules specify special considerations and procedures in 
situations requiring an STA or permit temporary operation at variance 
without prior authorization from the FCC when notification is filed as 
prescribed in the particular rules. See Sec. 73.62, Directional antenna 
system tolerances; Sec. 73.157, Antenna testing during daytime; Sec. 
73.158, Directional antenna monitoring points; Sec. 73.691, Visual 
modulation monitoring; Sec. 73.1250, Broadcasting emergency 
information; Sec. 73.1350, Transmission system operation; Sec. 
73.1560, Operating power and mode tolerances; Sec. 73.1570, Modulation 
levels: AM, FM, TV and Class A TV aural; Sec. 73.1615, Operation during 
modification of facilities; Sec. 73.1680, Emergency antennas; and Sec. 
73.1740, Minimum operating schedule.
    (b) An STA may be modified or cancelled by the FCC without prior 
notice or right to hearing.
    (c) No request by an AM station for temporary authority to extend 
its hours of operation beyond those authorized by its regular 
authorization will be accepted or granted by the FCC except in emergency 
situations conforming with the requirements of Sec. 73.3542, 
Application for Emergency Authorization. See also Sec. 73.1250, 
Broadcasting Emergency Information.

[50 FR 30948, July 31, 1985, as amended at 58 FR 51250, Oct. 1, 1993; 60 
FR 55482, Nov. 1, 1995; 61 FR 28767, June 6, 1996; 65 FR 30004, May 10, 
2000]



Sec. 73.1650  International agreements.

    (a) The rules in this part 73, and authorizations for which they 
provide, are subject to compliance with the international obligations 
and undertakings of the United States. Accordingly, all provisions in 
this part 73 are subject to compliance with applicable requirements, 
restrictions, and procedures accepted by the United States that have 
been established by or pursuant to treaties or other international 
agreements, arrangements, or understandings to which the United States 
is a signatory, including applicable annexes, protocols, resolutions, 
recommendations and other supplementing documents associated with such 
international instruments.
    (b) The United States is a signatory to the following treaties and 
other international agreements that relate, in whole or in part, to AM, 
FM or TV broadcasting:
    (1) The following instruments of the International Telecommunication 
Union:
    (i) Constitution.
    (ii) Convention.
    (iii) Radio Regulations.
    (2) Regional Agreements for the Broadcasting Service in Region 2:
    (i) MF Broadcasting 535-1605 kHz, Rio de Janeiro, 1981.
    (ii) MF Broadcasting 1605-1705 kHz, Rio de Janeiro, 1988.
    (3) Bi-lateral Agreements between the United States and Canada 
relating to:
    (i) AM Broadcasting.
    (ii) FM Broadcasting.
    (iii) TV Broadcasting.
    (4) Bi-lateral Agreements between the United States and Mexico 
relating to:
    (i) AM Broadcasting.
    (ii) FM Broadcasting.
    (iii) TV Broadcasting.
    (5) Bi-lateral Agreement between the United States and the Bahama 
Islands relating to presunrise operations by AM stations.
    (6) North American Regional Broadcasting Agreement (NARBA), which, 
for the United States, remains in effect with respect to the Dominican 
Republic and the Bahama Islands.
    (7) The documents listed in this paragraph (b) are available for 
inspection in the office of the Chief, Office of International Affairs, 
FCC, Washington, DC.

[54 FR 39737, Sept. 28, 1989, as amended at 56 FR 64872, Dec. 12, 1991; 
60 FR 5333, Jan. 27, 1995; 88 FR 21447, Apr. 10, 2023]



Sec. 73.1660  Acceptability of broadcast transmitters.

    (a)(1) An AM, FM, or TV transmitter shall be approved for compliance 
with the requirements of this part following the Supplier's Declaration 
of Conformity procedures described in subpart J of part 2 of this 
chapter.
    Note 1 to paragraph (a)(1): the verification procedure has been 
replaced by Supplier's Declaration of Conformity. AM, FM, and TV 
transmitters previously authorized under subpart J of part 2 of this 
chapter may remain in use. See Sec. 2.950(j) of this chapter.

[[Page 290]]

    (2) An LPFM transmitter shall be certified for compliance with the 
requirements of this part following the procedures described in part 2 
of this chapter.
    (b) A permittee or licensee planning to modify a transmitter which 
has been certified or approved with Supplier's Declaration of Conformity 
must follow the requirements contained in Sec. 73.1690.
    (c) A transmitter which was in use prior to January 30, 1955, may 
continue to be used by the licensee, and successors or assignees, if it 
continues to comply with the technical requirements for the type of 
station at which it is used.
    (d) AM stereophonic exciter-generators for interfacing with approved 
or verified AM transmitters may be certified upon request from any 
manufacturer in accordance with the procedures described in part 2 of 
this chapter. Broadcast licensees may modify their certified AM 
stereophonic exciter-generators in accordance with Sec. 73.1690.
    (e) Additional rules covering certification and Supplier's 
Declaration of Conformity, modification of authorized transmitters, and 
withdrawal of a grant of authorization are contained in part 2 of this 
chapter.

[63 FR 36604, July 7, 1998, as amended at 65 FR 30004, May 10, 2000; 65 
FR 67304, Nov. 9, 2000; 82 FR 50835, Nov. 2, 2017]

    Effective Date Note: At 88 FR 67116, Sept. 29, 2023, Sec. 73.1660 
was amended by revising Note 1 to paragraph (a)(1), effective Oct. 30, 
2023. For the convenience of the user, the revised text is set forth as 
follows:



Sec. 73.1660  Acceptability of broadcast transmitters.

                                * * * * *

    Note 1 to paragraph (a)(1): The verification procedure has been 
replaced by Supplier's Declaration of Conformity. AM, FM, and TV 
transmitters previously authorized under subpart J of part 2 of this 
chapter may remain in use. See Sec. 2.950 of this chapter.

                                * * * * *



Sec. 73.1665  Main transmitters.

    (a) Each AM, FM, TV and Class A TV broadcast station must have at 
least one main transmitter which complies with the provisions of the 
transmitter technical requirements for the type and class of station. A 
main transmitter is one which is used for regular program service having 
power ratings appropriate for the authorized operating power(s).
    (b) There is no maximum manufacturer-rated power limit for AM, FM, 
TV or Class A TV station transmitters.
    (c) A licensee may, without further authority or notification to the 
FCC, replace an existing main transmitter or install additional main 
transmitter(s) for use with the authorized antenna if the replacement or 
additional transmitter(s) has been approved with Supplier's Declaration 
of Conformity. Within 10 days after commencement of regular use of the 
replacement or additional transmitter(s), equipment performance 
measurements, as prescribed for the type of station are to be completed.
    Note 1 to paragraph (c): The verification procedure has been 
replaced by Supplier's Declaration of Conformity. Transmitters 
previously authorized under subpart J of this chapter may remain in use. 
See Sec. 2.950 of this chapter.
    Note 2 to paragraph (c): Pending the availability of AM broadcast 
transmitters that are authorized for use in the 1605-1705 kHz band, 
transmitters that are approved or verified for use in the 535-1605 kHz 
band may be utilized in the 1605-1705 kHz band if it is shown that the 
requirements of Sec. 73.44 have been met. Equipment authorization for 
the transmitter will supersede the applicability of this note.

[43 FR 53741, Nov. 17, 1978, as amended at 47 FR 8590, Mar. 1, 1982; 47 
FR 28388, June 30, 1982; 49 FR 4000, Feb. 1, 1984; 51 FR 18451, May 20, 
1986; 56 FR 64872, Dec. 12, 1991; 63 FR 36604, July 7, 1998; 65 FR 
30004, May 10, 2000; 82 FR 50835, Nov. 2, 2017; 87 FR 15344, Mar. 18, 
2022]



Sec. 73.1670  Auxiliary transmitters.

    (a) A licensee of a broadcast station may, without further authority 
from the FCC, install and use with the main antenna system one or more 
auxiliary transmitters for the following purposes:
    (1) The transmission of regular programs upon failure of the main 
transmitter.
    (2) The transmission of regular programs during maintenance or 
modification of the main transmitter.

[[Page 291]]

    (3) Emergency broadcast system operation.
    (4) The transmission of regular programs by an AM station authorized 
for Presunrise (PSRA) and/or Postsunset (PSSA) operation.
    (5) The transmission of tests to determine the operating condition 
of the auxiliary transmitter or auxiliary antenna.
    (6) For testing, upon the request of representatives of the FCC.
    (b) Authorization to install an auxiliary transmitter for use with 
other than the main antenna or authorized auxiliary antenna must be 
obtained by filing an application for a construction permit on FCC form 
301 (FCC form 340 for noncommercial educational stations).
    (c) The following technical and operating standards apply to 
auxiliary transmitters:
    (1) The auxiliary transmitter may be operated on only the station's 
authorized frequency and within the required carrier frequency departure 
tolerance for the type of station.
    (2) The carrier frequency of the auxiliary transmitter must be 
measured as often as necessary to ensure that it is maintained within 
the prescribed tolerance.
    (3) When using an auxiliary transmitter, the operating power may be 
less than the authorized power but may not exceed the authorized power 
within the permitted tolerance for the type of station. If operation 
with an auxiliary transmitter at reduced power continues for a period 
exceeding 10 days, the FCC in Washington, DC must be notified. (See 
Sec. 73.51, AM; Sec. 73.267, FM; Sec. 73.567, NCE-FM; and Sec. 
73.663, TV).
    (4) Normal operator requirements apply to the operation of the 
auxiliary transmitter.

    Note: After January 1, 1979, new licenses will not be issued nor 
will existing licenses be renewed for auxiliary transmitters that are 
operated into the main antenna system.

[43 FR 53741, Nov. 17, 1978, as amended at 44 FR 22740, Apr. 17, 1979; 
48 FR 36463, Aug. 11, 1983; 48 FR 42960, Sept. 20, 1983; 48 FR 44806, 
Sept. 30, 1983; 50 FR 32417, Aug. 12, 1985; 51 FR 32088, Sept. 9, 1986]



Sec. 73.1675  Auxiliary antennas.

    (a)(1) An auxiliary antenna is one that is permanently installed and 
available for use when the main antenna is out of service for repairs or 
replacement. An auxiliary antenna may be located at the same transmitter 
site as the station's main antenna or at a separate site. The service 
contour of the auxiliary antenna may not extend beyond the following 
corresponding contour for the main facility:
    (i) AM stations: The 0.5 mV/m field strength contours.
    (ii) FM stations: The 1.0 mV/m field strength contours.
    (iii) TV stations: The Grade B coverage contours.
    (iv) Class A TV stations: The protected contours defined in Sec. 
73.6010.
    (2) An application for an auxiliary antenna for an AM station filed 
pursuant to paragraphs (b) or (c) of this section must contain a map 
showing the 0.5 mV/m field strength contours of both the main and 
auxiliary facilities.
    (b) An application for a construction permit to install a new 
auxiliary antenna, or to make changes in an existing auxiliary antenna 
for which prior FCC authorization is required (see Sec. 73.1690), must 
be filed on FCC Form 301 (FCC Form 340 for noncommercial educational 
stations).
    (c)(1) Where an FM, TV or Class A TV licensee proposes to use a 
formerly licensed main facility as an auxiliary facility, or proposes to 
modify a presently authorized auxiliary facility, and no changes in the 
height of the antenna radiation center are required in excess of the 
limits in Sec. 73.1690(c)(1), the FM, TV or Class A TV licensee may 
apply for the proposed auxiliary facility by filing a modification of 
license application. The modified auxiliary facility must operate on the 
same channel as the licensed main facility. An exhibit must be provided 
with this license application to demonstrate compliance with Sec. 
73.1675(a). All FM, TV and Class A TV licensees may request a decrease 
from the authorized facility's ERP in the license application. An FM, TV 
or Class A TV licensee may also increase the ERP of the auxiliary 
facility in a license modification application, provided the application 
contains an analysis demonstrating compliance

[[Page 292]]

with the Commission's radiofrequency radiation guidelines, and an 
analysis showing that the auxiliary facility will comply with Sec. 
73.1675(a). Where an FM, TV, or Class A TV licensee or permittee 
proposes to mount an auxiliary facility on an AM tower, it must also 
demonstrate compliance with Sec. 1.30003 in the license application.
    (2) Where an AM licensee proposes to use a former licensed main 
facility as an auxiliary facility with an ERP less than or equal to the 
ERP specified on the former main license, the AM station may apply to 
license the proposed auxiliary facility by filing a modification of 
license application on Form 302-AM. The proposed auxiliary facilities 
must have been previously licensed on the same frequency as the present 
main facility. The license application must contain an exhibit to 
demonstrate compliance with Sec. 73.1675(a).

[43 FR 53741, Nov. 17, 1978, as amended at 44 FR 22740, Apr. 17, 1979; 
45 FR 26066, Apr. 17, 1980; 50 FR 13974, Apr. 9, 1985; 62 FR 51060, 
Sept. 30, 1997; 63 FR 70049, Dec. 18, 1998; 65 FR 30005, May 10, 2000; 
78 FR 66298, Nov. 5, 2013]



Sec. 73.1680  Emergency antennas.

    (a) An emergency antenna is one that is erected for temporary use 
after the authorized main and auxiliary antennas are damaged and cannot 
be used.
    (b) Prior authority from the FCC is not required by licensees and 
permittees to erect and commence operations using an emergency antenna 
to restore program service to the public. However, an informal letter 
request to continue operation with the emergency antenna must be made 
within 24 hours to the FCC in Washington, DC, Attention: Audio Division 
(radio) or Video Division (television), Media Bureau, within 24 hours 
after commencement of its use. The request is to include a description 
of the damage to the authorized antenna, a description of the emergency 
antenna, and the station operating power with the emergency antenna.
    (1) AM stations. AM stations may use a horizontal or vertical wire 
or a nondirectional vertical element of a directional antenna as an 
emergency antenna. AM stations using an emergency nondirectional antenna 
or a horizontal or vertical wire pursuant to this section, in lieu or 
authorized directional facilities, shall operate with power reduced to 
25% or less of the nominal licensed power, or, a higher power, not 
exceeding licensed power, while insuring that the radiated filed 
strength does not exceed that authorized in any given azimuth for the 
corresponding hours of directional operation.
    (2) FM, TV and Class A TV stations. FM, TV and Class A TV stations 
may erect any suitable radiator, or use operable sections of the 
authorized antenna(s) as an emergency antenna.
    (c) The FCC may prescribe the output power, radiation limits, or 
other operating conditions when using an emergency antenna, and 
emergency antenna authorizations may be modified or terminated in the 
event harmful interference is caused to other stations or services by 
the use of an emergency antenna.

[43 FR 53741, Nov. 17, 1978, as amended at 44 FR 22740, Apr. 17, 1979; 
50 FR 30948, July 31, 1985; 63 FR 33878, June 22, 1998; 65 FR 30005, May 
10, 2000; 67 FR 13232, Mar. 21, 2002]



Sec. 73.1690  Modification of transmission systems.

    The following procedures and restrictions apply to licensee 
modifications of authorized broadcast transmission system facilities.
    (a) The following changes are prohibited:
    (1) Those that would result in the emission of signals outside of 
the authorized channel exceeding limits prescribed for the class of 
service.
    (2) Those that would cause the transmission system to exceed the 
equipment performance measurements prescribed for the class of service 
(AM, Sec. 73.44; FM, Sec. Sec. 73.317, 73.319, and 73.322; TV and 
Class A TV, Sec. Sec. 73.682 and 73.687).
    (b) The following changes may be made only after the grant of a 
construction permit application on FCC Form 301 for commercial stations 
or Form 340 for noncommercial educational stations:
    (1) Any construction of a new tower structure for broadcast 
purposes, except for replacement of an existing tower with a new tower 
of identical height and geographic coordinates.

[[Page 293]]

    (2) Any change in station geographic coordinates, including 
coordinate corrections of more than 3 seconds latitude and/or 3 seconds 
longitude. FM and TV directional stations must also file a construction 
permit application for any move of the antenna to another tower 
structure located at the same coordinates.
    (3) Any change which would require an increase along any azimuth in 
the composite directional antenna pattern of an FM station from the 
composite directional antenna pattern authorized (see Sec. 73.316), or 
any increase from the authorized directional antenna pattern for a TV 
broadcast (see Sec. 73.685) or Class A TV station (see Sec. 73.6025).
    (4) Any change in the directional radiation characteristics of an AM 
directional antenna system. See Sec. 73.45 and Sec. 73.150.
    (5) Any decrease in the authorized power of an AM station or the ERP 
of a TV or Class A TV station, or any decrease or increase in the ERP of 
an FM commercial station, which is intended for compliance with the 
multiple ownership rules in Sec. 73.3555.
    (6) For FM noncommercial educational stations, any of the following:
    (i) Any increase in the authorized maximum ERP, whether horizontally 
or vertically polarized, for a noncommercial educational FM station 
operating on Channels 201 through 220, or a Class D FM station operating 
on Channel 200.
    (ii) For those FM noncommercial educational stations on Channels 201 
to 220, or a Class D FM station operating on Channel 200, which are 
within the separation distances specified in Table A of Sec. 73.525 
with respect to a Channel 6 television station, any increase in the 
horizontally or vertically polarized ERP from the presently authorized 
ERP.
    (iii) For those FM noncommercial educational stations on Channels 
201 through 220 which are located within the separation distances in 
Sec. 73.525 with respect to a Channel 6 television station, or a Class 
D FM station operating on Channel 200, any decrease in the presently 
authorized horizontal effective radiated power which would eliminate the 
horizontal ERP to result in use of vertical ERP only.
    (iv) For those FM noncommercial educational stations which employ 
separate antennas for the horizontal ERP and the vertical ERP, mounted 
at different heights, the station may not increase or decrease either 
the horizontal ERP or the vertical ERP without a construction permit.
    (7) Any increase in the authorized ERP of a television station, 
Class A television station, FM commercial station, or noncommercial 
educational FM station, except as provided for in Sec. 73.1690(c)(4), 
(c)(5), or (c)(7), or in Sec. 73.1675(c)(1) in the case of auxiliary 
facilities.
    (8) A commercial TV or noncommercial educational TV station 
operating on Channels 14 or a Class A TV station on Channel 14 may 
increase its horizontally or vertically polarized ERP only after the 
grant of a construction permit. A television or Class A television 
station on Channels 15 through 21 within 341 km of a cochannel land 
mobile operation, or 225 km of a first-adjacent channel land mobile 
operation, must also obtain a construction permit before increasing the 
horizontally or vertically polarized ERP (see Sec. 74.709(a) and (b) of 
this chapter for tables of urban areas and corresponding reference 
coordinates of potentially affected land mobile operations).
    (9) Any change in the community of license, where the proposed new 
facilities are the same as, or would be mutually exclusive with, the 
licensee's or permittee's present assignment.
    (c) The following FM, TV and Class A TV station modifications may be 
made without prior authorization from the Commission. A modification of 
license application must be submitted to the Commission within 10 days 
of commencing program test operations pursuant to Sec. 73.1620. With 
the exception of applications filed solely pursuant to paragraphs 
(c)(6), (c)(9), or (c)(10) of this section, the modification of license 
application must contain an exhibit demonstrating compliance with the 
Commission's radio frequency radiation guidelines. In addition, except 
for applications solely filed pursuant to paragraphs (c)(6) or (c)(9) of 
this section, where the installation is located on or near an AM tower, 
as defined in

[[Page 294]]

Sec. 1.30002, an exhibit demonstrating compliance with Sec. 1.30003 or 
Sec. 1.30002, as applicable, is also required.
    (1) Replacement of an omnidirectional antenna with one of the same 
or different number of antenna bays, provided that the height of the 
antenna radiation center is not more than 2 meters above or 4 meters 
below the authorized values. Any concurrent change in ERP must comply 
with Sec. 73.1675(c)(1), 73.1690(4), (c)(5), or (c)(7). Program test 
operations at the full authorized ERP may commence immediately upon 
installation pursuant to Sec. 73.1620(a)(1).
    (2) Replacement of a directional FM antenna, where the measured or 
computer modeled composite directional antenna pattern does not exceed 
the licensed composite directional pattern at any azimuth, where no 
change in effective radiated power will result, and where compliance 
with the principal coverage requirements of Sec. 73.315(a) will be 
maintained by the measured or computer modeled directional pattern. The 
antenna must be mounted not more than 2 meters above or 4 meters below 
the authorized values. The modification of license application on FCC 
Form 2100, Schedule 302-FM to cover the antenna replacement must contain 
all of the data in paragraphs (c)(2)(i) through (v) of this section. 
Program test operations at one half (50%) power may commence immediately 
upon installation pursuant to Sec. 73.1620(a)(3). However, if the 
replacement directional antenna is an exact replacement (i.e., no change 
in manufacturer, antenna model number, AND measured or computer modeled 
composite antenna pattern), program test operations may commence 
immediately upon installation at the full authorized power.
    (i) A measured or computer modeled directional antenna pattern and 
tabulation on the antenna manufacturer's letterhead showing both the 
horizontally and vertically polarized radiation components and 
demonstrating that neither of the components exceeds the authorized 
composite antenna pattern along any azimuth.
    (ii) Contour protection stations authorized pursuant to Sec. 73.215 
or Sec. 73.509 must attach a showing that the RMS (root mean square) of 
the composite measured or computer modeled directional antenna pattern 
is 85% or more of the RMS of the authorized composite antenna pattern. 
See Sec. 73.316(c)(9). If this requirement cannot be met, the licensee 
may include new relative field values with the license application to 
reduce the authorized composite antenna pattern so as to bring the 
measured or computer modeled composite antenna pattern into compliance 
with the 85 percent requirement.
    (iii) A description from the manufacturer as to the procedures used 
to measure or computer model the directional antenna pattern. The 
antenna measurements or computer modeling must be performed with the 
antenna mounted on a tower, tower section, or scale model equivalent to 
that on which the antenna will be permanently mounted, and the tower or 
tower section must include transmission lines, ladders, conduits, other 
antennas, and any other installations which may affect the measured or 
computer modeled directional pattern.
    (iv) A certification from a licensed surveyor that the antenna has 
been oriented to the proper azimuth.
    (v) A certification from a qualified engineer who oversaw 
installation of the directional antenna that the antenna was installed 
pursuant to the manufacturer's instructions.
    (3) A directional TV on Channels 2 through 13 or 22 through 36 or a 
directional Class A TV on Channels 2 through 13 or 22 through 36, or a 
directional TV or Class A TV station on Channels 15 through 21 which is 
in excess of 341 km (212 miles) from a cochannel land mobile operation 
or in excess of 225 km (140 miles) from a first-adjacent channel land 
mobile operation (see Sec. 74.709(a) and (b) of this chapter for tables 
of urban areas and reference coordinates of potentially affected land 
mobile operations), may replace a directional TV or Class A TV antenna 
by a license modification application, if the proposed horizontal 
theoretical directional antenna pattern does not exceed the licensed 
horizontal directional antenna pattern at any azimuth and where no 
change in effective radiated power will result. The modification of 
license application on Form 302-TV or

[[Page 295]]

Form 302-CA must contain all of the data set forth in Sec. 73.685(f) or 
Sec. 73.6025(a), as applicable.
    (4) Commercial and noncommercial educational FM stations operating 
on Channels 221 through 300 (except Class D), Class A TV stations 
operating on Channels 2 through 13 and 22 through 36, and TV and Class A 
TV stations operating on Channels 15 through 21 that are in excess of 
341 km (212 miles) from a cochannel land mobile operation or in excess 
of 225 km (140 miles) from a first-adjacent channel land mobile 
operation (see Sec. 74.709(a) and (b) of this chapter for tables of 
urban areas and reference coordinates of potentially affected land 
mobile operations), which operate omnidirectionally, may increase the 
vertically polarized effective radiated power up to the authorized 
horizontally polarized effective radiated power in a license 
modification application. Noncommercial educational FM licensees and 
permittees on Channels 201 through 220, that do not use separate 
antennas mounted at different heights for the horizontally polarized ERP 
and the vertically polarized ERP, and are located in excess of the 
separations from a Channel 6 television station listed in Table A of 
Sec. 73.525(a)(1), may also increase the vertical ERP, up to (but not 
exceeding) the authorized horizontally polarized ERP via a license 
modification application. Program test operations may commence at full 
power pursuant to Sec. 73.1620(a)(1).
    (5) Those Class A FM commercial stations which were permitted to 
increase ERP pursuant to MM Docket No. 88-375 by a modification of 
license application remain eligible to do so, provided that the station 
meets the requirements of Sec. 73.1690 (c)(1) and is listed on one of 
the Public Notices as authorized to increase ERP, or by a letter from 
the Commission's staff authorizing the change. These Public Notices were 
released on November 3, 1989; November 17, 1989; December 8, 1989; March 
2, 1990; and February 11, 1991. The increased ERP must comply with the 
multiple ownership requirements of Sec. 73.3555. Program test 
operations may commence at full power pursuant to Sec. 73.1620(a)(1).
    (6) FM contour protection stations authorized pursuant to Sec. 
73.215 which have become fully spaced under Sec. 73.207 may file a 
modification of license application to delete the Sec. 73.215 contour 
protection designation with an exhibit to demonstrate that the station 
is fully spaced in accordance with Sec. 73.207. The contour protection 
designation will be removed upon grant of the license application. 
Applications filed under this rule section will be processed on a first 
come / first served basis with respect to conflicting FM commercial 
minor change applications and modification of license applications 
(including those filed pursuant to Sec. 73.1690 (b) and (c)(6) and 
(c)(7)).
    (7) FM omnidirectional commercial stations, and omnidirectional 
noncommercial educational FM stations operating on Channels 221 through 
300 (except Class D), which are not designated as contour protection 
stations pursuant to Sec. 73.215 and which meet the spacing 
requirements of Sec. 73.207, may file a license modification 
application to increase ERP to the maximum permitted for the station 
class, provided that any change in the height of the antenna radiation 
center remains in accordance with Sec. 73.1690(c)(1). Program test 
operations may commence at full power pursuant to Sec. 73.1620(a)(1). 
All of the following conditions also must be met before a station may 
apply pursuant to this section:
    (i) The station may not be a ``grandfathered'' short-spaced station 
authorized pursuant to Sec. 73.213 or short-spaced by a granted waiver 
of Sec. 73.207;
    (ii) If the station is located in or near a radio quiet zone, radio 
coordination zone, or a Commission monitoring station (see Sec. 73.1030 
and Sec. 0.121(c) of this chapter), the licensee or permittee must have 
secured written concurrence from the affected radio quiet zone, radio 
coordination zone, or the Commission's Public Safety and Homeland 
Security Bureau in the case of a monitoring station, to increase 
effective radiated power PRIOR to implementation. A copy of that 
concurrence must be submitted with the license application to document 
that concurrence has been received;

[[Page 296]]

    (iii) The station does not require international coordination as the 
station does not lie within the border zones, or clearance has been 
obtained from Canada or Mexico for the higher power operation within the 
station's specified domestic class and the station complies with Sec. 
73.207(b)(2) and (3) with respect to foreign allotments and allocations;
    (iv) The increased ERP will not cause the station to violate the 
multiple ownership requirements of Sec. 73.3555.
    (8) FM commercial stations and FM noncommercial educational stations 
may decrease ERP on a modification of license application provided that 
exhibits are included to demonstrate that all five of the following 
requirements are met:
    (i) Commercial FM stations must continue to provide a 70 dBu 
principal community contour over the community of license, as required 
by Sec. 73.315(a). Noncommercial educational FM stations must continue 
to provide a 60 dBu contour over at least 50 percent of its community of 
license or reach 50 percent of the population within the community. The 
60 and 70 dBu contours must be predicted by use of the standard contour 
prediction method in Sec. 73.313(b), (c), and (d).
    (ii) For commercial FM stations only, there is no change in the 
authorized station class as defined in Sec. 73.211.
    (iii) For commercial FM stations only, the power decrease is not 
necessary to achieve compliance with the multiple ownership rule, Sec. 
73.3555.
    (iv) Commercial FM stations, noncommercial educational FM stations 
on Channels 221 through 300, and noncommercial educational FM stations 
on Channels 200 through 220 which are located in excess of the distances 
in Table A of Sec. 73.525 with respect to a Channel 6 TV station, may 
not use this rule to decrease the horizontally polarized ERP below the 
value of the vertically polarized ERP.
    (v) Noncommercial educational FM stations on Channels 201 through 
220 which are within the Table A distance separations of Sec. 73.525, 
or Class D stations on Channel 200, may not use the license modification 
process to eliminate an authorized horizontally polarized component in 
favor of vertically polarized-only operation. In addition, noncommercial 
educational stations operating on Channels 201 through 220, or Class D 
stations on Channel 200, which employ separate horizontally and 
vertically polarized antennas mounted at different heights, may not use 
the license modification process to increase or decrease either the 
horizontal ERP or vertical ERP without a construction permit.
    (9) The licensee of an AM, FM, or TV commercial station may propose 
to change from commercial to noncommercial educational on a modification 
of license application, provided that the application contains completed 
Sections II and IV of FCC Form 340. In addition, a noncommercial 
educational AM licensee, a TV licensee on a channel not reserved for 
noncommercial educational use, or an FM licensee on Channels 221 to 300 
(except Class D FM) on a channel not reserved for noncommercial 
educational use, may apply to change from educational to commercial via 
a modification of license application, and no exhibits are required with 
the application. The change will become effective upon grant of the 
license application.
    (10) Replacement of a transmission line with one of a different type 
or length which changes the transmitter operating power (TPO) from the 
authorized value, but not the ERP, must be reported in a license 
modification application to the Commission.
    (11) Correction of geographic coordinates where the change is 3 
seconds or fewer in latitude and/or 3 seconds or fewer in longitude, 
provided there is no physical change in location and no other licensed 
parameters are changed. The correction of coordinates may not result in 
any new short spacings or increases in existing short spacings.
    (d) The following changes may be made without authorization from the 
FCC, however informal notification of the changes must be made according 
to the rule sections specified:
    (1) Commencement of remote control operation pursuant to Sec. 
73.1400.
    (2) Modification of an AM directional antenna sampling system. See 
Sec. 73.68.
    (e) Any electrical and mechanical modification to authorized 
transmitting equipment that is not otherwise

[[Page 297]]

restricted by the preceding provisions of this section, may be made 
without FCC notification or authorization. Equipment performance 
measurements must be made within ten days after completing the 
modifications (See Sec. 73.1590). An informal statement, diagram, etc., 
describing the modification must be retained at the transmitter site for 
as long as the equipment is in use.

[47 FR 8590, Mar. 1, 1982]

    Editorial Note: For Federal Register citations affecting Sec. 
73.1690, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 73.1692  [Reserved]



Sec. 73.1695  Changes in transmission standards.

    The FCC will consider the question whether a proposed change or 
modification of transmission standards adopted for broadcast stations 
would be in the public interest, convenience, and necessity, upon 
petition being filed by the person proposing such change or 
modification, setting forth the following:
    (a) The exact character of the change or modification proposed;
    (b) The effect of the proposed change or modification upon all other 
transmission standards that have been adopted by the FCC for broadcast 
stations;
    (c) The experimentation and field tests that have been made to show 
that the proposed change or modification accomplishes an improvement and 
is technically feasible;
    (d) The effect of the proposed change or modification in the adopted 
standards upon operation and obsolescence of receivers;
    (1) Should a change of modification in the transmission standards be 
adopted by the FCC, the effective date thereof will be determined in the 
light of the considerations mentioned in this paragraph (d);
    (2) [Reserved]
    (e) The change in equipment required in existing broadcast stations 
for incorporating the proposed change or modification in the adopted 
standards; and
    (f) The facts and reasons upon which the petitioner bases the 
conclusion that the proposed change or modification would be in the 
public interest, convenience, and necessity.

[49 FR 4211, Feb. 3, 1984]



Sec. 73.1700  Broadcast day.

    The term broadcast day means that period of time between the 
station's sign-on and its sign-off.

[43 FR 45849, Oct. 4, 1978]



Sec. 73.1705  Time of operation.

    (a) Commercial and noncommercial educational TV and commercial FM 
stations will be licensed for unlimited time operation. Application may 
be made for voluntary share-time operation.
    (b) Noncommercial educational FM stations will be licensed for 
unlimited and share time operation according to the provisions of Sec. 
73.561.
    (c) AM stations in the 535-1705 kHz band will be licensed for 
unlimited time. In the 535-1605 kHz band, stations that apply for share 
time and specified hours operations may also be licensed. AM stations 
licensed to operate daytime-only and limited-time may continue to do so; 
however, no new such stations will be authorized, except for fulltime 
stations that reduce operating hours to daytime-only for interference 
reduction purposes.

[43 FR 45849, Oct. 4, 1978, as amended at 56 FR 64872, Dec. 12, 1991]



Sec. 73.1710  Unlimited time.

    Operation is permitted 24 hours a day.

[43 FR 45849, Oct. 4, 1978]



Sec. 73.1715  Share time.

    Operation is permitted by two or more broadcast stations using the 
same channel in accordance with a division of hours mutually agreed upon 
and considered part of their licenses.
    (a) If the licenses of stations authorized to share time do not 
specify hours of operation, the licensees shall endeavor to reach an 
agreement for a definite schedule of periods of time to be used by each. 
Such agreement shall be in writing and each licensee shall

[[Page 298]]

file it in duplicate original with each application to the FCC in 
Washington, DC for renewal of license. If and when such written 
agreements are properly filed in conformity with this section, the file 
mark of the FCC will be affixed thereto, one copy will be retained by 
the FCC, and one copy returned to the licensee and will be considered as 
part of the station's license. If the license specifies a proportionate 
time division, the agreement shall maintain this proportion. If no 
proportionate time division is specified in the license, the licensees 
shall agree upon a division of time. Such division of time shall not 
include simultaneous operation of the stations unless specifically 
authorized by the terms of the license
    (b) If the licensees of stations authorized to share time are unable 
to agree on a division of time, the FCC in Washington, DC shall be so 
notified by a statement filed with the applications for renewal of 
licenses. Upon receipt of such statement, the FCC will designate the 
applications for a hearing and, pending such hearing, the operating 
schedule previously adhered to shall remain in full force and effect.
    (c) A departure from the regular schedule in a time-sharing 
agreement will be permitted only in cases where an agreement to that 
effect is put in writing, is signed by the licensees of the stations 
affected thereby and filed in triplicate by each licensee with the FCC 
in Washington, DC prior to the time of the time of the proposed change. 
If time is of the essence, the actual departure in operating schedule 
may precede the actual filing of written agreement, provided appropriate 
notice is sent to the FCC.
    (d) If the license of an AM station authorized to share time does 
not specify the hours of operation, the station may be operated for the 
transmission of regular programs during the experimental period provided 
an agreement thereto is reached with the other stations with which the 
broadcast day is shared: And further provided, Such operation is not in 
conflict with Sec. 73.72 (Operating during the experimental period). 
Time-sharing agreements for operation during the experimental period 
need not be submitted to the FCC.
    (e) Noncommercial educational FM stations are authorized for share 
time operation according to the provisions of Sec. 73.561.

[43 FR 45849, Oct. 4, 1978, as amended at 47 FR 40174, Sept. 13, 1982; 
84 FR 2758, Feb. 8, 2019]



Sec. 73.1720  Daytime.

    Operation is permitted during the hours between average monthly 
local sunrise and average monthly local sunset.
    (a) The controlling times for each month of the year are stated in 
the station's instrument of authorization. Uniform sunrise and sunset 
times are specified for all of the days of each month, based upon the 
actual times of sunrise and sunset for the fifteenth day of the month 
adjusted to the nearest quarter hour. Sunrise and sunset times are 
derived by using the standardized procedure and the tables in the 1946 
American Nautical Almanac issued by the United States Naval Observatory.
    (b) [Reserved]

[43 FR 45849, Oct. 4, 1978]



Sec. 73.1725  Limited time.

    (a) Operation is applicable only to Class B (secondary) AM stations 
on a clear channel with facilities authorized before November 30, 1959. 
Operation of the secondary station is permitted during daytime and until 
local sunset if located west of the Class A station on the channel, or 
until local sunset at the Class A station if located east of that 
station. Operation is also permitted during nighttime hours not used by 
the Class A station or other stations on the channel.
    (b) No authorization will be granted for:
    (1) A new limited time station;
    (2) A limited time station operating on a changed frequency;
    (3) A limited time station with a new transmitter site materially 
closer to the 0.1 mV/m contour of a co-channel U.S. Class A station; or
    (4) Modification of the operating facilities of a limited time 
station resulting in increased radiation toward any point on the 0.1 mV/
m contour of a co-channel U.S. Class A station during the hours after 
local sunset in which the limited time station is permitted to

[[Page 299]]

operate by reason of location east of the Class A station.
    (c) The licensee of a secondary station which is authorized to 
operate limited time and which may resume operation at the time the 
Class A station (or stations) on the same channel ceases operation 
shall, with each application for renewal of license, file in triplicate 
a copy of its regular operating schedule. It shall bear a signed 
notation by the licensee of the Class A station of its objection or lack 
of objection thereto. Upon approval of such operating schedule, the FCC 
will affix its file mark and return one copy to the licensee authorized 
to operate limited time. Such approved operating schedule shall be 
considered part of the station's license. Departure from said operating 
schedule will be permitted only pursuant to Sec. 73.1715 (Share time).

[56 FR 64872, Dec. 12, 1991, as amended at 84 FR 2758, Feb. 8, 2019]



Sec. 73.1730  Specified hours.

    (a) Specified hours stations must operate in accordance with the 
exact hours specified in their license. However, such stations, 
operating on local channels, unless sharing time with other stations, 
may operate at hours beyond those specified in their licenses to carry 
special events programing. When such programs are carried during 
nighttime hours, the station's authorized nighttime facilities must be 
used.
    (b) Other exceptions to the adherence to the schedule of specified 
hours of operation are provided in Sec. 73.72 (Operating during the 
experimental period), Sec. 73.1250 (Broadcasting emergency information) 
and Sec. 73.1740 (Minimum operating schedule).

[43 FR 45850, Oct. 4, 1978]



Sec. 73.1735  AM station operation pre-sunrise and post-sunset.

    Certain classes of AM stations are eligible to operate pre-sunrise 
and/or post-sunset for specified periods with facilities other than 
those specified on their basic instruments of authorization. Such pre-
sunrise and post-sunset operation is authorized pursuant to the 
provisions of Sec. 73.99 of the Rules.

[49 FR 41249, Oct. 22, 1984]



Sec. 73.1740  Minimum operating schedule.

    (a) All commercial broadcast stations are required to operate not 
less than the following minimum hours:
    (1) AM and FM stations. Two-thirds of the total hours they are 
authorized to operate between 6 a.m. and 6 p.m. local time and two-
thirds of the total hours they are authorized to operate between 6 p.m. 
and midnight, local time, each day of the week except Sunday.
    (i) Class D stations which have been authorized nighttime operations 
need comply only with the minimum requirements for operation between 6 
a.m. and 6 p.m., local time.
    (2) TV stations. (i) During the first 36 months of operation, not 
less than 2 hours daily in any 5 broadcast days per calendar week and 
not less than a total of:
    (A) 12 hours per week during the first 18 months.
    (B) 16 hours per week during the 19th through 24th months.
    (C) 20 hours per week during the 25th through 30th months.
    (D) 24 hours per week during the 31st through 36th months.
    (ii) After 36 months of operation, not less than 2 hours in each day 
of the week and not less than a total of 28 hours per calendar week.
    (iii) Visual transmissions of test patterns, slides, or still 
pictures accompanied by unrelated aural transmissions may not be counted 
in computing program service (see Sec. 73.653).
    (3) ``Operation'' includes the period during which the station is 
operated pursuant to temporary authorization or program tests, as well 
as during the license period.
    (4) In the event that causes beyond the control of a licensee make 
it impossible to adhere to the operating schedule of this section or to 
continue operating, the station may limit or discontinue operation for a 
period of not more than 30 days without further authority from the FCC. 
Notification must be sent to the FCC in Washington, D.C. not later than 
the 10th day of limited or discontinued operation. During such period, 
the licensee shall continue to adhere to the requirements in the station 
license pertaining to the lighting of antenna structures. In the

[[Page 300]]

event normal operation is restored prior to the expiration of the 30 day 
period, the licensee will so notify the FCC of this date. If the causes 
beyond the control of the licensee make it impossible to comply within 
the allowed period, informal written request shall be made to the FCC no 
later than the 30th day for such additional time as may be deemed 
necessary.
    (5) Class A TV stations. Not less than 18 hours in each day of the 
week.
    (b) Noncommercial educational AM and TV stations are not required to 
operate on a regular schedule and no minimum hours of operation are 
specified; but the hours of actual operation during a license period 
shall be taken into consideration in the renewal of noncommercial 
educational AM and TV broadcast licenses. Noncommercial educational FM 
stations are subject to the operating schedule requirements according to 
the provisions of Sec. 73.561.
    (c) The license of any broadcasting station that fails to transmit 
broadcast signals for any consecutive 12-month period expires as a 
matter of law at the end of that period, notwithstanding any provision, 
term, or condition of the license to the contrary.

[43 FR 45850, Oct. 4, 1978, as amended at 53 FR 1032, Jan. 15, 1988; 56 
FR 64873, Dec. 12, 1991; 61 FR 28767, June 6, 1996; 65 FR 30006, May 10, 
2000]



Sec. 73.1745  Unauthorized operation.

    (a) No broadcast station shall operate at times, or with modes or 
power, other than those specified and made a part of the license, unless 
otherwise provided in this part.
    (b) Any unauthorized departure from an operating schedule which is 
required to be filed with the FCC in Washington, DC, will be considered 
as a violation of a material term of the license.

[43 FR 45850, Oct. 4, 1978]



Sec. 73.1750  Discontinuance of operation.

    The licensee of each station shall notify by letter the FCC in 
Washington, DC, Attention: Audio Division (radio) or Video Division 
(television), Media Bureau, of the permanent discontinuance of operation 
at least two days before operation is discontinued. Immediately after 
discontinuance of operation, the licensee shall forward the station 
license and other instruments of authorization to the FCC, Attention: 
Audio Division (radio) or Video Division (television), Media Bureau, for 
cancellation. The license of any station that fails to transmit 
broadcast signals for any consecutive 12 month period expires as a 
matter of law at the end of that period, notwithstanding any provision, 
term, or condition of the license to the contrary. If a licensee 
surrenders its license pursuant to an interference reduction agreement, 
and its surrender is contingent on the grant of another application, the 
licensee must identify in its notification the contingencies involved.

[67 FR 13233, Mar. 21, 2002]



Sec. 73.1800  General requirements related to the station log.

    (a) The licensee of each station must maintain a station log as 
required by Sec. 73.1820. This log shall be kept by station employees 
competent to do so, having actual knowledge of the facts required. All 
entries, whether required or not by the provisions of this part, must 
accurately reflect the station operation. Any employee making a log 
entry shall sign the log, thereby attesting to the fact that the entry, 
or any correction or addition made thereto, is an accurate 
representation of what transpired.
    (b) The logs shall be kept in an orderly and legible manner, in 
suitable form and in such detail that the data required for the 
particular class of station concerned are readily available. Key letters 
or abbreviations may be used if the proper meaning or explanation is 
contained elsewhere in the log. Each sheet must be numbered and dated. 
Time entries must be made in local time and must be indicated as 
advanced (e.g., EDT) or non-advanced (e.g., EST) time.
    (c) Any necessary corrections of a manually kept log after it has 
been signed in accordance with paragraph (a) of this section shall be 
made only by striking out the erroneous portion and making a corrective 
explanation on the log or attachment to it. Such corrections shall be 
dated and signed by the person who kept the log or the

[[Page 301]]

station chief operator, the station manager or an officer of the 
licensee.
    (d) No automatically kept log shall be altered in any way after 
entries have been recorded. When automatic logging processes fail or 
malfunction, the log must be kept manually for that period and in 
accordance with the requirements of this section.
    (e) No log, or portion thereof, shall be erased, obliterated or 
willfully destroyed during the period in which it is required to be 
retained. (Section 73.1840, Retention of logs.)
    (f) Application forms for licenses and other authorizations may 
require that certain technical operating data be supplied. These 
application forms should be kept in mind in connection with the 
maintenance of the station log.

[43 FR 45850, Oct. 4, 1978, as amended at 48 FR 38481, Aug. 24, 1983; 48 
FR 44806, Sept. 30, 1983; 49 FR 14509, Apr. 12, 1984; 49 FR 33663, Aug. 
24, 1984; 50 FR 40016, Oct. 1, 1985]



Sec. 73.1820  Station log.

    (a) Entries must be made in the station log either manually by a 
person designated by the licensee who is in actual charge of the 
transmitting apparatus, or by automatic devices meeting the requirements 
of paragraph (b) of this section. Indications of operating parameters 
that are required to be logged must be logged prior to any adjustment of 
the equipment. Where adjustments are made to restore parameters to their 
proper operating values, the corrected indications must be logged and 
accompanied, if any parameter deviation was beyond a prescribed 
tolerance, by a notation describing the nature of the corrective action. 
Indications of all parameters whose values are affected by the 
modulation of the carrier must be read without modulation. The actual 
time of observation must be included in each log entry. The following 
information must be entered:
    (1) All stations. (i) Entries required by Sec. 17.49 of this 
chapter concerning any observed or otherwise known extinguishment or 
improper functioning of a tower light:
    (A) The nature of such extinguishment or improper functioning.
    (B) The date and time the extinguishment or improper operation was 
observed or otherwise noted.
    (C) The date, time and nature of adjustments, repairs or 
replacements made.
    (ii) Any entries not specifically required in this section, but 
required by the instrument of authorization or elsewhere in this part.
    (iii) An entry of each test and activation of the Emergency Alert 
System (EAS) pursuant to the requirement of part 11 of this chapter and 
the EAS Operating Handbook. Stations may keep EAS data in a special EAS 
log which shall be maintained at a convenient location; however, this 
log is considered a part of the station log.
    (2) Directional AM stations without an FCC-approved antenna sampling 
system (See Sec. 73.68). (i) An entry at the beginning of operations in 
each mode of operation, and thereafter at intervals not exceeding 3 
hours, of the following (actual readings observed prior to making any 
adjustments to the equipment and an indication of any corrections to 
restore parameters to normal operating values):
    (A) Common point current.
    (B) When the operating power is determined by the indirect method, 
the efficiency factor F and either the product of the final amplifier 
input voltage and current or the calculated antenna input power. See 
Sec. 73.51(e).
    (C) Antenna monitor phase or phase deviation indications.
    (D) Antenna monitor sample currents, current ratios, or ratio 
deviation indications.
    (ii) Entries required by Sec. 73.61 performed in accordance with 
the schedule specified therein.
    (iii) Entries of the results of calibration of automatic logging 
devices (see paragraph (b) of this section) or indicating instruments 
(see Sec. 73.67), whenever performed.
    (b) Automatic devices accurately calibrated and with appropriate 
time, date and circuit functions may be utilized to record entries in 
the station log Provided:
    (1) The recording devices do not affect the operation of circuits or 
accuracy of indicating instruments of the equipment being recorded;

[[Page 302]]

    (2) The recording devices have an accuracy equivalent to the 
accuracy of the indicating instruments;
    (3) The calibration is checked against the original indicators as 
often as necessary to ensure recording accuracy;
    (4) In the event of failure or malfunctioning of the automatic 
equipment, the person designated by the licensee as being responsible 
for the log small make the required entries in the log manually at that 
time;
    (5) The indicating equipment conforms to the requirements of Sec. 
73.1215 (Indicating instruments--specifications) except that the scales 
need not exceed 5 cm (2 inches) in length. Arbitrary scales may not be 
used.
    (c) In preparing the station log, original data may be recorded in 
rough form and later transcribed into the log.

[43 FR 45854, Oct. 4, 1978, as amended at 44 FR 58735, Oct. 11, 1979; 47 
FR 24580, June 7, 1982; 48 FR 38481, Aug. 24, 1983; 48 FR 44806, Sept. 
30, 1983; 49 FR 33603, Aug. 23, 1984; 58 FR 44951, Aug. 25, 1993; 59 FR 
67102, Dec. 28, 1994; 60 FR 55482, Nov. 1, 1995]



Sec. 73.1835  Special technical records.

    The FCC may require a broadcast station licensee to keep operating 
and maintenance records as necessary to resolve conditions of actual or 
potential interference, rule violations, or deficient technical 
operation.

[48 FR 38482, Aug. 24, 1983]



Sec. 73.1840  Retention of logs.

    (a) Any log required to be kept by station licensees shall be 
retained by them for a period of 2 years. However, logs involving 
communications incident to a disaster or which include communications 
incident to or involved in an investigation by the FCC and about which 
the licensee has been notified, shall be retained by the licensee until 
specifically authorized in writing by the FCC to destroy them. Logs 
incident to or involved in any claim or complaint of which the licensee 
has notice shall be retained by the licensee until such claim or 
complaint has been fully satisfied or until the same has been barred by 
statute limiting the time for filing of suits upon such claims.
    (b) Logs may be retained on microfilm, microfiche or other data-
storage systems subject to the following conditions:
    (1) Suitable viewing--reading devices shall be available to permit 
FCC inspection of logs pursuant to Sec. 73.1226, availability to FCC of 
station logs and records.
    (2) Reproduction of logs, stored on data-storage systems, to full-
size copies, is required of licensees if requested by the FCC or the 
public as authorized by FCC rules. Such reproductions must be completed 
within 2 full work days of the time of the request.
    (3) Corrections to logs shall be made:
    (i) Prior to converting to a data-storage system pursuant to the 
requirements of Sec. 73.1800 (c) and (d), (Sec. 73.1800, General 
requirements relating to logs).
    (ii) After converting to a data-storage system, by separately making 
such corrections and then associating with the related data-stored logs. 
Such corrections shall contain sufficient information to allow those 
reviewing the logs to identify where corrections have been made, and 
when and by whom the corrections were made.
    (4) Copies of any log required to be filed with any application; or 
placed in the station's local public inspection file as part of an 
application; or filed with reports to the FCC must be reproduced in 
fullsize form when complying with these requirements.

[45 FR 41151, June 18, 1980, as amended at 46 FR 13907, Feb. 24, 1981; 
46 FR 18557, Mar. 25, 1981; 49 FR 33663, Aug. 24, 1984]



Sec. 73.1870  Chief operators.

    (a) The licensee of each AM, FM, TV or Class A TV broadcast station 
must designate a person to serve as the station's chief operator. At 
times when the chief operator is unavailable or unable to act (e.g., 
vacations, sickness), the licensee shall designate another person as the 
acting chief operator on a temporary basis.
    (b) Chief operators shall be employed or serve on the following 
basis:
    (1) The chief operator for an AM station using a directional antenna 
or operating with greater than 10 kW authorized power, or of a TV 
station is to be an employee of the station on duty for whatever number 
of hours each week the station licensee determines is

[[Page 303]]

necessary to keep the station's technical operation in compliance with 
FCC rules and the terms of the station authorization.
    (2) Chief operators for non-directional AM stations operating with 
authorized powers not exceeding 10 kW and FM stations may be either an 
employee of the station or engaged to serve on a contract basis for 
whatever number of hours each week the licensee determines is necessary 
to keep the station's technical operation in compliance with the FCC 
rules and terms of the station authorization.
    (3) The designation of the chief operator must be in writing. 
Agreements with chief operators serving on a contract basis must be in 
writing with a copy kept in the station files.
    (c) The chief operator is responsible for completion of the 
following duties specified in this paragraph below. When these duties 
are delegated to other persons, the chief operator shall maintain 
supervisory oversight sufficient to know that each requirement has been 
fulfilled in a timely and correct manner.
    (1) Inspections and calibrations of the transmission system, 
required monitors, metering and control systems; and any necessary 
repairs or adjustments where indicated. (See Sec. 73.1580.)
    (2) Periodic AM field monitoring point measurements, equipment 
performance measurements, or other tests as specified in the rules or 
terms of the station license.
    (3) Review of the station records at least once each week to 
determine if required entries are being made correctly. Additionally, 
verification must be made that the station has been operated as required 
by the rules or the station authorization. Upon completion of the 
review, the chief operator or his designee must date and sign the log, 
initiate any corrective action which may be necessary, and advise the 
station licensee of any condition which is repetitive.
    (4) Any entries which may be required in the station records. (See 
Sec. 73.1820.)

[46 FR 35463, July 8, 1981, as amended at 47 FR 31580, July 21, 1982; 48 
FR 38482, Aug. 24, 1983; 48 FR 44806, Sept. 30, 1983; 49 FR 20670, May 
16, 1984; 49 FR 50048, Dec. 26, 1984; 50 FR 32416, Aug. 12, 1985; 60 FR 
55482, Nov. 1, 1995; 65 FR 30006, May 10, 2000; 84 FR 2758, Feb. 8, 
2019]



Sec. 73.1940  Legally qualified candidates for public office.

    (a) A legally qualified candidate for public office is any person 
who:
    (1) Has publicly announced his or her intention to run for 
nomination or office;
    (2) Is qualified under the applicable local, State or Federal law to 
hold the office for which he or she is a candidate; and
    (3) Has met the qualifications set forth in either paragraph (b), 
(c), (d), or (e) of this section.
    (b) A person seeking election to any public office including that of 
President or Vice President of the United States, or nomination for any 
public office except that of President or Vice President, by means of a 
primary, general or special election, shall be considered a legally 
qualified candidate if, in addition to meeting the criteria set forth in 
paragraph (a) of this section, that person:
    (1) Has qualified for a place on the ballot; or
    (2) Has publicly committed himself or herself to seeking election by 
the write-in method and is eligible under applicable law to be voted for 
by sticker, by writing in his or her name on the ballot or by other 
method, and makes a substantial showing that he or she is a bona fide 
candidate for nomination or office.
    (c) A person seeking election to the office of President or Vice 
President of the United States shall, for the purposes of the 
Communications Act and the rules in 47 CFR chapter I, be considered 
legally qualified candidates only in those States or territories (or the 
District of Columbia) in which they have met the requirements set forth 
in paragraphs (a) and (b) of this section: Except, that any such person 
who has

[[Page 304]]

met the requirements set forth in paragraphs (a) and (b) of this section 
in at least 10 States (or 9 and the District of Columbia) shall be 
considered a legally qualified candidate for election in all States, 
territories, and the District of Columbia for the purposes of this Act.
    (d) A person seeking nomination to any public office, except that of 
President or Vice President of the United States, by means of a 
convention, caucus or similar procedure, shall be considered a legally 
qualified candidate if, in addition to meeting the requirements set 
forth in paragraph (a) of this section, that person makes a substantial 
showing that he or she is a bona fide candidate for such nomination: 
Except, that no person shall be considered a legally qualified candidate 
for nomination by the means set forth in this paragraph prior to 90 days 
before the beginning of the convention, caucus or similar procedure in 
which he or she seeks nomination.
    (e) A person seeking nomination for the office of President or Vice 
President of the United States shall, for the purposes of the 
Communications Act and the rules thereunder, be considered a legally 
qualified candidate only in those States or territories (or the District 
of Columbia) in which, in addition to meeting the requirements set forth 
in paragraph (a) of this section:
    (1) He or she, or proposed delegates on his or her behalf, have 
qualified for the primary or Presidential preference ballot in that 
State, territory or the District of Columbia; or
    (2) He or she has made a substantial showing of a bona fide 
candidacy for such nomination in that State, territory or the District 
of Columbia; except, that any such person meeting the requirements set 
forth in paragraphs (a)(1) and (2) of this section in at least 10 States 
(or 9 and the District of Columbia) shall be considered a legally 
qualified candidate for nomination in all States, territories and the 
District of Columbia for purposes of this Act.
    (f) The term ``substantial showing'' of a bona fide candidacy as 
used in paragraphs (b), (d), and (e) of this section means evidence that 
the person claiming to be a candidate has:
    (1) Satisfied the requirements under applicable law to run as a 
write-in (such as registering, collecting signatures, paying fees, 
etc.); and
    (2) Has engaged to a substantial degree in activities commonly 
associated with political campaigning. Such activities normally would 
include making campaign speeches, distributing campaign literature, 
issuing press releases, maintaining a campaign committee, establishing 
campaign headquarters (even though the headquarters in some instances 
might be the residence of the candidate or his or her campaign manager), 
creating a campaign website, and using social media for the purpose of 
promoting or furthering a campaign for public office. Not all of the 
listed activities are necessarily required in each case to demonstrate a 
substantial showing, and there may be activities not listed herein which 
would contribute to such a showing. The creation of a campaign website 
and the use of social media shall be additional indicators of a bona 
fide candidacy, not determinative factors, and such digital activities 
must be combined with other activities commonly associated with 
political campaigning that are conducted in substantial portions of the 
relevant geographic area.

[57 FR 27708, June 22, 1992, as amended at 87 FR 7755, Feb. 10, 2022]



Sec. 73.1941  Equal opportunities.

    (a) General requirements. Except as otherwise indicated in Sec. 
73.1944, no station licensee is required to permit the use of its 
facilities by any legally qualified candidate for public office, but if 
any licensee shall permit any such candidate to use its facilities, it 
shall afford equal opportunities to all other candidates for that office 
to use such facilities. Such licensee shall have no power of censorship 
over the material broadcast by any such candidate. Appearance by a 
legally qualified candidate on any:
    (1) Bona fide newscast;
    (2) Bona fide news interview;
    (3) Bona fide news documentary (if the appearance of the candidate 
is incidental to the presentation of the subject or subjects covered by 
the news documentary); or
    (4) On-the-spot coverage of bona fide news events (including, but 
not limited

[[Page 305]]

to political conventions and activities incidental thereto) shall not be 
deemed to be use of broadcasting station. (section 315(a) of the 
Communications Act.)
    (b) Uses. As used in this section and Sec. 73.1942, the term 
``use'' means a candidate appearance (including by voice or picture) 
that is not exempt under paragraphs 73.1941 (a)(1) through (a)(4) of 
this section.
    (c) Timing of request. A request for equal opportunities must be 
submitted to the licensee within 1 week of the day on which the first 
prior use giving rise to the right of equal opportunities occurred: 
Provided, however, That where the person was not a candidate at the time 
of such first prior use, he or she shall submit his or her request 
within 1 week of the first subsequent use after he or she has become a 
legally qualified candidate for the office in question.
    (d) Burden of proof. A candidate requesting equal opportunities of 
the licensee or complaining of noncompliance to the Commission shall 
have the burden of proving that he or she and his or her opponent are 
legally qualified candidates for the same public office.
    (e) Discrimination between candidates. In making time available to 
candidates for public office, no licensee shall make any discrimination 
between candidates in practices, regulations, facilities, or services 
for or in connection with the service rendered pursuant to this part, or 
make or give any preference to any candidate for public office or 
subject any such candidate to any prejudice or disadvantage; nor shall 
any licensee make any contract or other agreement which shall have the 
effect of permitting any legally qualified candidate for any public 
office to broadcast to the exclusion of other legally qualified 
candidates for the same public office.

[57 FR 208, Jan. 3, 1992, as amended at 59 FR 14568, Mar. 29, 1994]



Sec. 73.1942  Candidate rates.

    (a) Charges for use of stations. The charges, if any, made for the 
use of any broadcasting station by any person who is a legally qualified 
candidate for any public office in connection with his or her campaign 
for nomination for election, or election, to such office shall not 
exceed:
    (1) During the 45 days preceding the date of a primary or primary 
runoff election and during the 60 days preceding the date of a general 
or special election in which such person is a candidate, the lowest unit 
charge of the station for the same class and amount of time for the same 
period.
    (i) A candidate shall be charged no more per unit than the station 
charges its most favored commercial advertisers for the same classes and 
amounts of time for the same periods. Any station practices offered to 
commercial advertisers that enhance the value of advertising spots must 
be disclosed and made available to candidates on equal terms. Such 
practices include but are not limited to any discount privileges that 
affect the value of advertising, such as bonus spots, time-sensitive 
make goods, preemption priorities, or any other factors that enhance the 
value of the announcement.
    (ii) The Commission recognizes non-premptible, preemptible with 
notice, immediately preemptible and run-of-schedule as distinct classes 
of time.
    (iii) Stations may establish and define their own reasonable classes 
of immediately preemptible time so long as the differences between such 
classes are based on one or more demonstrable benefits associated with 
each class and are not based solely upon price or identity of the 
advertiser. Such demonstrable benefits include, but are not limited to, 
varying levels of preemption protection, scheduling flexibility, or 
associated privileges, such as guaranteed time-sensitive make goods. 
Stations may not use class distinctions to defeat the purpose of the 
lowest unit charge requirement. All classes must be fully disclosed and 
made available to candidates.
    (iv) Stations may establish reasonable classes of preemptible with 
notice time so long as they clearly define all such classes, fully 
disclose them and make available to candidates.
    (v) Stations may treat non-preemptible and fixed position as 
distinct classes of time provided that stations articulate clearly the 
differences between such classes, fully disclose

[[Page 306]]

them, and make them available to candidates.
    (vi) Stations shall not establish a separate, premium-period class 
of time sold only to candidates. Stations may sell higher-priced non-
preemptible or fixed time to candidates if such a class of time is made 
available on a bona fide basis to both candidates and commercial 
advertisers, and provided such class is not functionally equivalent to 
any lower-priced class of time sold to commercial advertisers.
    (vii) [Reserved]
    (viii) Lowest unit charge may be calculated on a weekly basis with 
respect to time that is sold on a weekly basis, such as rotations 
through particular programs or dayparts. Stations electing to calculate 
the lowest unit charge by such a method must include in that calculation 
all rates for all announcements scheduled in the rotation, including 
announcements aired under long-term advertising contracts. Stations may 
implement rate increases during election periods only to the extent that 
such increases constitute ``ordinary business practices,'' such as 
seasonal program changes or changes in audience ratings.
    (ix) Stations shall review their advertising records periodically 
throughout the election period to determine whether compliance with this 
section requires that candidates receive rebates or credits. Where 
necessary, stations shall issue such rebates or credits promptly.
    (x) Unit rates charged as part of any package, whether individually 
negotiated or generally available to all advertisers, must be included 
in the lowest unit charge calculation for the same class and length of 
time in the same time period. A candidate cannot be required to purchase 
advertising in every program or daypart in a package as a condition for 
obtaining package unit rates.
    (xi) Stations are not required to include non-cash promotional 
merchandising incentives in lowest unit charge calculations; provided, 
however, that all such incentives must be offered to candidates as part 
of any purchases permitted by the licensee. Bonus spots, however, must 
be included in the calculation of the lowest unit charge calculation.
    (xii) Makes goods, defined as the rescheduling of preempted 
advertising, shall be provided to candidates prior to election day if a 
station has provided a time-sensitive make good during the year 
preceding the pre-election periods, perspectively set forth in paragraph 
(a)(1) of this section, to any commercial advertiser who purchased time 
in the same class.
    (xiii) Stations must disclose and make available to candidates any 
make good policies provided to commercial advertisers. If a station 
places a make good for any commercial advertiser or other candidate in a 
more valuable program or daypart, the value of such make good must be 
included in the calculation of the lowest unit charge for that program 
or daypart.
    (2) At any time other than the respective periods set forth in 
paragraph (a)(1) of this section, stations may charge legally qualified 
candidates for public office no more than the changes made for 
comparable use of the station by commercial advertisers. The rates, if 
any, charged all such candidates for the same office shall be uniform 
and shall not be rebated by any means, direct or indirect. A candidate 
shall be charged no more than the rate the station would charge for 
comparable commercial advertising. All discount privileges otherwise 
offered by a station to commercial advertisers must be disclosed and 
made available upon equal terms to all candidate for public office.
    (b) If a station permits a candidate to use its facilities, the 
station shall make all discount privileges offered to commercial 
advertisers, including the lowest unit charges for each class and length 
of time in the same time period, and all corresponding discount 
privileges, available upon equal terms to all candidates. This duty 
includes an affirmative duty to disclose to candidates information about 
rates, terms conditions and all value-enhancing discount privileges 
offered to commercial advertisers. Stations may use reasonable 
discretion in making the disclosure; provided, however, that the 
disclosure includes, at a minimum, the following information:

[[Page 307]]

    (1) A description and definition of each class of time available to 
commercial advertisers sufficiently complete to allow candidates to 
identify and understand what specific attributes differentiate each 
class;
    (2) A description of the lowest unit charge and related privileges 
(such as priorities against preemption and make goods prior to specific 
deadlines) for each class of time offered to commercial advertisers;
    (3) A description of the station's method of selling preemptible 
time based upon advertiser demand, commonly known as the ``current 
selling level,'' with the stipulation that candidates will be able to 
purchase at these demand-generated rates in the same manner as 
commercial advertisers;
    (4) An approximation of the likelihood of preemption for each kind 
of preemptible time; and
    (5) An explanation of the station's sales practices, if any, that 
are based on audience delivery, with the stipulation that candidates 
will be able to purchase this kind of time, if available to commercial 
advertisers.
    (c) Once disclosure is made, stations shall negotiate in good faith 
to actually sell time to candidates in accordance with the disclosure.
    (d) This rule (Sec. 73.1942) shall not apply to any station 
licensed for non-commercial operation.

[57 FR 209, Jan. 3, 1992, as amended at 57 FR 27709, June 22, 1992]



Sec. 73.1943  Political file.

    (a) A licensee shall maintain, and make available for public 
inspection, a complete record of a request to purchase broadcast time 
that:
    (1) Is made by or on behalf of a legally qualified candidate for 
public office; or
    (2) Communicates a message relating to any political matter of 
national importance, including:
    (i) A legally qualified candidate;
    (ii) Any election to Federal office; or
    (iii) A national legislative issue of public importance.
    (b) A record maintained under paragraph (a) shall contain 
information regarding:
    (1) Whether the request to purchase broadcast time is accepted or 
rejected by the licensee;
    (2) The rate charged for the broadcast time;
    (3) The date and time on which the communication is aired;
    (4) The class of time that is purchased;
    (5) The name of the candidate to which the communication refers and 
the office to which the candidate is seeking election, the election to 
which the communication refers, or the issue to which the communication 
refers (as applicable);
    (6) In the case of a request made by, or on behalf of, a candidate, 
the name of the candidate, the authorized committee of the candidate, 
and the treasurer of such committee; and
    (7) In the case of any other request, the name of the person 
purchasing the time, the name, address, and phone number of a contact 
person for such person, and a list of the chief executive officers or 
members of the executive committee or of the board of directors of such 
person.
    (c) When free time is provided for use by or on behalf of 
candidates, a record of the free time provided shall be placed in the 
political file.
    (d) All records required by this paragraph shall be placed in the 
online political file as soon as possible and shall be retained for a 
period of two years. As soon as possible means immediately absent 
unusual circumstances.

[57 FR 210, Jan. 3, 1992, as amended at 77 FR 27655, May 11, 2012; 81 FR 
10123, Feb. 29, 2016; 85 FR 21078, Apr. 16, 2020; 87 FR 7755, Feb. 10, 
2022; 87 FR 33441, June 2, 2022]



Sec. 73.1944  Reasonable access.

    (a) Section 312(a)(7) of the Communications Act provides that the 
Commission may revoke any station license or construction permit for 
willful or repeated failure to allow reasonable access to, or to permit 
purchase of, reasonable amounts of time for the use of a broadcasting 
station by a legally qualified candidate for Federal elective office on 
behalf of his candidacy.
    (b) Weekend access. For purposes of providing reasonable access, a 
licensee shall make its facilities available for

[[Page 308]]

use by federal candidates on the weekend before the election if the 
licensee has provided similar access to commercial advertisers during 
the year preceding the relevant election period. Licensees shall not 
discriminate between candidates with regard to weekend access.

[57 FR 210, Jan. 3, 1992]



Sec. 73.2080  Equal employment opportunities (EEO).

    (a) General EEO policy. Equal opportunity in employment shall be 
afforded by all licensees or permittees of commercially or 
noncommercially operated AM, FM, TV, Class A TV or international 
broadcast stations (as defined in this part) to all qualified persons, 
and no person shall be discriminated against in employment by such 
stations because of race, color, religion, national origin, or sex. 
Religious radio broadcasters may establish religious belief or 
affiliation as a job qualification for all station employees. However, 
they cannot discriminate on the basis of race, color, national origin or 
gender from among those who share their religious affiliation or belief. 
For purposes of this rule, a religious broadcaster is a licensee which 
is, or is closely affiliated with, a church, synagogue, or other 
religious entity, including a subsidiary of such an entity.
    (b) General EEO program requirements. Each broadcast station shall 
establish, maintain, and carry out a positive continuing program of 
specific practices designed to ensure equal opportunity and 
nondiscrimination in every aspect of station employment policy and 
practice. Under the terms of its program, a station shall:
    (1) Define the responsibility of each level of management to ensure 
vigorous enforcement of its policy of equal opportunity, and establish a 
procedure to review and control managerial and supervisory performance;
    (2) Inform its employees and recognized employee organizations of 
the equal employment opportunity policy and program and enlist their 
cooperation;
    (3) Communicate its equal employment opportunity policy and program 
and its employment needs to sources of qualified applicants without 
regard to race, color, religion, national origin, or sex, and solicit 
their recruitment assistance on a continuing basis;
    (4) Conduct a continuing program to exclude all unlawful forms of 
prejudice or discrimination based upon race, color, religion, national 
origin, or sex from its personnel policies and practices and working 
conditions; and
    (5) Conduct a continuing review of job structure and employment 
practices and adopt positive recruitment, job design, and other measures 
needed to ensure genuine equality of opportunity to participate fully in 
all organizational units, occupations, and levels of responsibility.
    (c) Specific EEO program requirements. Under the terms of its 
program, a station employment unit must:
    (1) Recruit for every full-time job vacancy in its operation. A job 
filled by an internal promotion is not considered a vacancy for which 
recruitment is necessary. Religious radio broadcasters who establish 
religious affiliation as a qualification for a job position are not 
required to comply with these recruitment requirements with respect to 
that job position or positions, but will be expected to make reasonable, 
good faith efforts to recruit applicants who are qualified based on 
their religious affiliation. Nothing in this section shall be 
interpreted to require a broadcaster to grant preferential treatment to 
any individual or group based on race, color, national origin, religion, 
or gender.
    (i) A station employment unit shall use recruitment sources for each 
vacancy sufficient in its reasonable, good faith judgment to widely 
disseminate information concerning the vacancy.
    (ii) In addition to such recruitment sources, a station employment 
unit shall provide notification of each full-time vacancy to any 
organization that distributes information about employment opportunities 
to job seekers or refers job seekers to employers, upon request by such 
organization. To be entitled to notice of vacancies, the requesting 
organization must provide the station employment unit with its name, 
mailing address, e-mail address (if applicable), telephone number, and 
contact person, and identify the category or categories of vacancies of

[[Page 309]]

which it requests notice. (An organization may request notice of all 
vacancies).
    (2) Engage in at least four (if the station employment unit has more 
than ten full-time employees and is not located in a smaller market) or 
two (if it has five to ten full-time employees and/or is located 
entirely in a smaller market) of the following initiatives during each 
two-year period beginning with the date stations in the station 
employment unit are required to file renewal applications, or the 
second, fourth or sixth anniversaries of that date.
    (i) Participation in at least four job fairs by station personnel 
who have substantial responsibility in the making of hiring decisions;
    (ii) Hosting of at least one job fair;
    (iii) Co-sponsoring at least one job fair with organizations in the 
business and professional community whose membership includes 
substantial participation of women and minorities;
    (iv) Participation in at least four events sponsored by 
organizations representing groups present in the community interested in 
broadcast employment issues, including conventions, career days, 
workshops, and similar activities;
    (v) Establishment of an internship program designed to assist 
members of the community to acquire skills needed for broadcast 
employment;
    (vi) Participation in job banks, Internet programs, and other 
programs designed to promote outreach generally (i.e., that are not 
primarily directed to providing notification of specific job vacancies);
    (vii) Participation in scholarship programs designed to assist 
students interested in pursuing a career in broadcasting;
    (viii) Establishment of training programs designed to enable station 
personnel to acquire skills that could qualify them for higher level 
positions;
    (ix) Establishment of a mentoring program for station personnel;
    (x) Participation in at least four events or programs sponsored by 
educational institutions relating to career opportunities in 
broadcasting;
    (xi) Sponsorship of at least two events in the community designed to 
inform and educate members of the public as to employment opportunities 
in broadcasting;
    (xii) Listing of each upper-level category opening in a job bank or 
newsletter of media trade groups whose membership includes substantial 
participation of women and minorities;
    (xiii) Provision of assistance to unaffiliated non-profit entities 
in the maintenance of web sites that provide counseling on the process 
of searching for broadcast employment and/or other career development 
assistance pertinent to broadcasting;
    (xiv) Provision of training to management level personnel as to 
methods of ensuring equal employment opportunity and preventing 
discrimination;
    (xv) Provision of training to personnel of unaffiliated non-profit 
organizations interested in broadcast employment opportunities that 
would enable them to better refer job candidates for broadcast 
positions;
    (xvi) Participation in other activities designed by the station 
employment unit reasonably calculated to further the goal of 
disseminating information as to employment opportunities in broadcasting 
to job candidates who might otherwise be unaware of such opportunities.
    (3) Analyze its recruitment program on an ongoing basis to ensure 
that it is effective in achieving broad outreach to potential 
applicants, and address any problems found as a result of its analysis.
    (4) Periodically analyze measures taken to:
    (i) Disseminate the station's equal employment opportunity program 
to job applicants and employees;
    (ii) Review seniority practices to ensure that such practices are 
nondiscriminatory;
    (iii) Examine rates of pay and fringe benefits for employees having 
the same duties, and eliminate any inequities based upon race, national 
origin, color, religion, or sex discrimination;
    (iv) Utilize media for recruitment purposes in a manner that will 
contain no indication, either explicit or implicit, of a preference for 
one race, national origin, color, religion or sex over another;

[[Page 310]]

    (v) Ensure that promotions to positions of greater responsibility 
are made in a nondiscriminatory manner;
    (vi) Where union agreements exist, cooperate with the union or 
unions in the development of programs to ensure all persons of equal 
opportunity for employment, irrespective of race, national origin, 
color, religion, or sex, and include an effective nondiscrimination 
clause in new or renegotiated union agreements; and
    (vii) Avoid the use of selection techniques or tests that have the 
effect of discriminating against any person based on race, national 
origin, color, religion, or sex.
    (5) Retain records to document that it has satisfied the 
requirements of paragraphs (c)(1) and (2) of this section. Such records, 
which may be maintained in an electronic format, shall be retained until 
after grant of the renewal application for the term during which the 
vacancy was filled or the initiative occurred. Such records need not be 
submitted to the FCC unless specifically requested. The following 
records shall be maintained:
    (i) Listings of all full-time job vacancies filled by the station 
employment unit, identified by job title;
    (ii) For each such vacancy, the recruitment sources utilized to fill 
the vacancy (including, if applicable, organizations entitled to 
notification pursuant to paragraph (c)(1)(ii) of this section, which 
should be separately identified), identified by name, address, contact 
person and telephone number;
    (iii) Dated copies of all advertisements, bulletins, letters, faxes, 
e-mails, or other communications announcing vacancies;
    (iv) Documentation necessary to demonstrate performance of the 
initiatives required by paragraph (c)(2) of this section, including 
sufficient information to fully disclose the nature of the initiative 
and the scope of the station's participation, including the station 
personnel involved;
    (v) The total number of interviewees for each vacancy and the 
referral source for each interviewee; and
    (vi) The date each vacancy was filled and the recruitment source 
that referred the hiree.
    (6) Annually, on the anniversary of the date a station is due to 
file its renewal application, the station shall place in its public 
file, maintained pursuant to Sec. 73.3526 or Sec. 73.3527, and on its 
web site, if it has one, an EEO public file report containing the 
following information (although if any broadcast licensee acquires a 
station pursuant to FCC Form 314 or FCC Form 315 during the twelve 
months covered by the EEO public file report, its EEO public file report 
shall cover the period starting with the date it acquired the station):
    (i) A list of all full-time vacancies filled by the station's 
employment unit during the preceding year, identified by job title;
    (ii) For each such vacancy, the recruitment source(s) utilized to 
fill the vacancy (including, if applicable, organizations entitled to 
notification pursuant to paragraph (c)(1)(ii) of this section, which 
should be separately identified), identified by name, address, contact 
person and telephone number;
    (iii) The recruitment source that referred the hiree for each full-
time vacancy during the preceding year;
    (iv) Data reflecting the total number of persons interviewed for 
full-time vacancies during the preceding year and the total number of 
interviewees referred by each recruitment source utilized in connection 
with such vacancies; and
    (v) A list and brief description of initiatives undertaken pursuant 
to paragraph (c)(2) of this section during the preceding year.
    (d) Small station exemption. The provisions of paragraphs (b) and 
(c) of this section shall not apply to station employment units that 
have fewer than five full-time employees.
    (e) Definitions. For the purposes of this rule:
    (1) A full-time employee is a permanent employee whose regular work 
schedule is 30 hours per week or more.
    (2) A station employment unit is a station or a group of commonly 
owned stations in the same market that share at least one employee.
    (3) A smaller market includes metropolitan areas as defined by the 
Office of Management and Budget with a population of fewer than 250,000 
persons and areas outside of all metropolitan areas

[[Page 311]]

as defined by the Office of Management and Budget.
    (f) Enforcement. The following provisions apply to employment 
activity concerning full-time positions at each broadcast station 
employment unit (defined in this part) employing five or more persons in 
full-time positions, except where noted.
    (1) All broadcast stations, including those that are part of an 
employment unit with fewer than five full-time employees, shall file a 
Broadcast Equal Employment Opportunity Program Report (Form 396) with 
their renewal application. Form 396 is filed on the date the station is 
due to file its application for renewal of license. If a broadcast 
licensee acquires a station pursuant to FCC Form 314 or FCC Form 315 
during the period that is to form the basis for the Form 396, 
information provided on its Form 396 should cover the licensee's EEO 
recruitment activity during the period starting with the date it 
acquired the station. Stations are required to maintain a copy of their 
Form 396 in the station's public file in accordance with the provisions 
of Sec. Sec. 73.3526 and 73.3527.
    (2) The Commission will conduct a mid-term review of the employment 
practices of each broadcast television station that is part of an 
employment unit of five or more full-time employees and each radio 
station that is part of an employment unit of eleven or more full-time 
employees, four years following the station's most recent license 
expiration date as specified in Sec. 73.1020. If a broadcast licensee 
acquires a station pursuant to FCC Form 314 or FCC Form 315 during the 
period that is to form the basis for the mid-term review, that review 
will cover the licensee's EEO recruitment activity during the period 
starting with the date it acquired the station.
    (3) If a station is subject to a time brokerage agreement, the 
licensee shall file Forms 396, Forms 397, and EEO public file reports 
concerning only its own recruitment activity. If a licensee is a broker 
of another station or stations, the licensee-broker shall include its 
recruitment activity for the brokered station(s) in determining the 
bases of Forms 396, Forms 397 and the EEO public file reports for its 
own station. If a licensee-broker owns more than one station, it shall 
include its recruitment activity for the brokered station in the Forms 
396, Forms 397, and EEO public file reports filed for its own station 
that is most closely affiliated with, and in the same market as, the 
brokered station. If a licensee-broker does not own a station in the 
same market as the brokered station, then it shall include its 
recruitment activity for the brokered station in the Forms 396, Forms 
397, and EEO public file reports filed for its own station that is 
geographically closest to the brokered station.
    (4) Broadcast stations subject to this section shall maintain 
records of their recruitment activity necessary to demonstrate that they 
are in compliance with the EEO rule. Stations shall ensure that they 
maintain records sufficient to verify the accuracy of information 
provided in Forms 396, Forms 397, and EEO public file reports. To 
determine compliance with the EEO rule, the Commission may conduct 
inquiries of licensees at random or if it has evidence of a possible 
violation of the EEO rule. In addition, the Commission will conduct 
random audits. Specifically, each year approximately five percent of all 
licensees in the television and radio services will be randomly selected 
for audit, ensuring that, even though the number of radio licensees is 
significantly larger than television licensees, both services are 
represented in the audit process. Upon request, stations shall make 
records available to the Commission for its review.
    (5) The public may file complaints throughout the license term based 
on a station's Form 397 or the contents of a station's public file. 
Provisions concerning filing, withdrawing, or non-filing of informal 
objections or petitions to deny license renewal, assignment, or transfer 
applications are delineated in Sec. Sec. 73.3584 and 73.3587-3589 of 
the Commission's rules.
    (g) Sanctions and remedies. The Commission may issue appropriate 
sanctions and remedies for any violation of this rule.

[68 FR 689, Jan. 7, 2003, as amended at 84 FR 21723, May 15, 2019]

[[Page 312]]



Sec. 73.2090  Ban on discrimination in broadcast transactions.

    No qualified person or entity shall be discriminated against on the 
basis of race, color, religion, national origin or sex in the sale of 
commercially operated AM, FM, TV, Class A TV or international broadcast 
stations (as defined in this part).

[73 FR 28369, May 16, 2008]



Sec. 73.3500  Application and report forms.

    (a) Following are the FCC broadcast application and report forms, 
listed by number.

------------------------------------------------------------------------
           Form number                             Title
------------------------------------------------------------------------
175..............................  Application to Participate in an FCC
                                    Auction
301..............................  Application for Authority to
                                    Construct or Make Changes in a
                                    Commercial Broadcast Station.
301-A............................  Application for Authority to Operate
                                    a Broadcast Station by Remote
                                    Control or to Make Changes in a
                                    Remote Control Authorization.
302-AM...........................  Application for AM Broadcast Station
                                    License.
302-CA...........................  Application for Class A Television
                                    Broadcasting Station Construction
                                    Permit or License.
302-FM...........................  Application for FM Broadcast Station
                                    License.
302-TV...........................  Application for Television Broadcast
                                    Station License.
303-S Application for Renewal of
 License for AM, FM, TV,
 Translator, or LPTV Station.
307..............................  Application for Extension of
                                    Broadcast Construction Permit or to
                                    Replace Expired Construction Permit.
308..............................  Application for Permit to Deliver
                                    Programs to Foreign Broadcast
                                    Stations.
309..............................  Application for Authority to
                                    Construct or Make Changes in an
                                    International or Experimental
                                    Broadcast Station.
310..............................  Application for an International or
                                    Experimental Broadcast Station
                                    License.
311..............................  Application for Renewal of an
                                    International or Experimental
                                    Broadcast Station License.
314..............................  Application for Consent to Assignment
                                    of Broadcast Station Construction
                                    Permit or License.
315..............................  Application for Consent to Transfer
                                    of Control of Corporation Holding
                                    Broadcast Station Construction
                                    Permit or License.
316..............................  Application for Consent to Assignment
                                    of Broadcast Station Construction
                                    Permit or License or Transfer of
                                    Control of Corporation Holding
                                    Broadcast Station Construction
                                    Permit or License.
323..............................  Ownership Report.
323-E............................  Ownership Report for Noncommercial
                                    Educational Broadcast Station.
340..............................  Application for Authority to
                                    Construct or Make Changes in a
                                    Noncommercial Educational Broadcast
                                    Station.
345..............................  Application for Consent to Assignment
                                    of a TV or FM Translator Station
                                    Construction Permit or License.
346..............................  Application for Authority to
                                    Construct or Make Changes in a Low
                                    Power TV, TV Translator or TV
                                    Booster Station.
347..............................  Application for a Low Power TV, TV
                                    Translator or TV Booster Station
                                    License.
349..............................  Application for Authority to
                                    Construct or Make Changes in an FM
                                    Translator or FM Booster Station.
350..............................  Application for an FM Translator or
                                    FM Booster Station License.
395-B............................  Annual Employment Report and
                                    instructions.
396..............................  Broadcast Equal Employment
                                    Opportunity Program Report.
396-A............................  Broadcast Equal Employment
                                    Opportunity Model Program Report.
398..............................  Children's Television Programming
                                    Report.
601..............................  FCC Application for Wireless
                                    Telecommunications Bureau Radio
                                    Service Authorization.
603..............................  FCC Wireless Telecommunications
                                    Bureau Application for Assignments
                                    of Authorization and Transfers of
                                    Control.
------------------------------------------------------------------------

    (b) Following are the FCC broadcast application and report forms, 
listed by number, that must be filed electronically in accordance with 
the filing instructions set forth in the application and report form.
    (1) Form 398, in electronic form as of January 10, 1999.

[44 FR 38486, July 2, 1979]

    Editorial Note: For Federal Register citations affecting Sec. 
73.3500, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 73.3511  Applications required.

    (a) Formal application means any request for authorization where an 
FCC form for such request is prescribed. The prescription of an FCC form 
includes the requirement that the proper edition of the form is used. 
Formal applications on obsolete forms are subject to the provisions of 
Sec. 73.3564 concerning acceptance of applications and Sec. 73.3566 
concerning defective applications.
    (b) Informal application1 means all other written requests for 
authorization. All such applications should contain a caption clearly 
indicating the nature of the request submitted therein.
    (c) Formal and informal applications must comply with the 
requirements as

[[Page 313]]

to signing specified herein and in Sec. 73.3513.

[44 FR 38486, July 2, 1979, as amended at 47 FR 40172, Sept. 13, 1982]



Sec. 73.3512  Where to file; number of copies.

    All applications for authorizations required by Sec. 73.3511 shall 
be filed at the FCC in Washington, DC (Applications requiring fees as 
set forth at part 1, subpart G of this chapter must be filed in 
accordance with Sec. 0.401(b) of the rules.) The number of copies 
required for each application is set forth in the FCC Form which is to 
be used in filing such application.

[52 FR 10231, Mar. 31, 1987]



Sec. 73.3513  Signing of applications.

    (a) Applications, amendments thereto, and related statements of fact 
required by the FCC must be signed by the following persons:
    (1) Individual Applicant. The applicant, if the applicant is an 
individual.
    (2) Partnership. One of the partners, if the applicant is a 
partnership.
    (3) Corporation. An officer, if the applicant is a corporation.
    (4) Unincorporated Association. A member who is an officer, if the 
applicant is an unincorporated association.
    (5) Governmental Entity. Such duly elected or appointed officials as 
may be competent to do so under the law of the applicable jurisdiction, 
if the applicant is an eligible governmental entity, such as a State or 
Territory of the United States and political subdivisions thereof, the 
District of Columbia, and a unit of local government, including an 
unincorporated municipality.
    (b) Applications, amendments thereto, and related statements of fact 
required by the FCC may be signed by the applicant's attorney in case of 
the applicant's physical disability or of his absence from the United 
States. The attorney shall in that event separately set forth the reason 
why the application is not signed by the applicant. In addition, if any 
matter is stated on the basis of the attorney's belief only (rather than 
his knowledge), he shall separately set forth his reasons for believing 
that such statements are true.
    (c) Facsimile signatures are acceptable. Only the original of 
applications, amendments, or related statements of fact, need be signed; 
copies may be conformed.
    (d) Applications, amendments, and related statements of fact need 
not be submitted under oath. Willful false statements made therein 
however, will be considered a violation of Sec. 73.1015, are also 
punishable by fine and imprisonment, U.S. Code, Title 18, section 1001, 
and by appropriate adminstrative sanctions including revocation of 
station license pursuant to section 312(a)(i) of the Communications Act.

[44 FR 38487, July 2, 1979, as amended at 51 FR 3069, Jan. 23, 1986; 64 
FR 56978, Oct. 22, 1999]



Sec. 73.3514  Content of applications.

    (a) Each application shall include all information called for by the 
particular form on which the application is required to be filed, unless 
the information called for is inapplicable, in which case this fact 
shall be indicated.
    (b) The FCC may require an applicant to submit such documents and 
written statements of fact as in its judgment may be necessary. The FCC 
may also, upon its own motion or upon motion of any party to a 
proceeding, order the applicant to amend the application so as to make 
it more definite and certain.

[44 FR 38487, July 2, 1979]



Sec. 73.3516  Specification of facilities.

    (a) An application for facilities in the AM, FM, TV or Class A TV 
broadcast services, or low power TV service shall be limited to one 
frequency, or channel, and no application will be accepted for filing if 
it requests an alternate frequency or channel. Applications specifying 
split frequency AM operations using one frequency during daytime hours 
complemented by a different frequency during nighttime hours will not be 
accepted for filing.
    (b) An application for facilities in the experimental and auxiliary 
broadcast services may request the assignment of more than one frequency 
if consistent with applicable rules in Part 74. Such

[[Page 314]]

applications must specify the frequency or frequencies requested and may 
not request alternate frequencies.
    (c) An application for a construction permit for a new broadcast 
station, the facilities for which are specified in an outstanding 
construction permit or license, will not be accepted for filing.
    (d) An application for facilities in the International broadcast 
service may be filed without a request for specific frequency, as the 
FCC will assign frequencies from time to time in accordance with 
Sec. Sec. 73.702 and 73.711.
    (e) An application for construction permit for a new broadcast 
station or for modification of construction permit or license of a 
previously authorized broadcast station will not be accepted for filing 
if it is mutually exclusive with an application for renewal of license 
of an existing broadcast station unless the application for renewal of 
license is filed on or before May 1, 1995 and unless the mutually 
exclusive construction permit application is tendered for filing by the 
end of the first day of the last full calendar month of the expiring 
license term. A petition to deny an application for renewal of license 
of an existing broadcast station will be considered as timely filed if 
it is tendered for filing by the end of the first day of the last full 
calendar month of the expiring license term.
    (1) If the license renewal application is not timely filed as 
prescribed in Sec. 73.3539, the deadline for filing petitions to deny 
thereto is the 90th day after the FCC gives public notice that it has 
accepted the late-filed renewal application for filing. In the case of a 
renewal application filed on or before May 1, 1995, if the license 
renewal application is not timely filed as prescribed in Sec. 73.3539, 
the deadline for filing applications mutually exclusive therewith is the 
90th day after the FCC gives public notice that it has accepted the 
late-filed renewal application for filing.
    (2) If any deadline falls on a nonbusiness day, the cutoff shall be 
the close of business of the first full business day thereafter.
    (3) The dates when the licenses of all broadcast and broadcast 
auxiliary services regularly expire are listed in Sec. Sec. 73.733, 
73.1020 and 74.15.

[44 FR 38487, July 2, 1979, as amended at 47 FR 21494, May 18, 1982; 49 
FR 47843, Dec. 7, 1984; 51 FR 44071, Dec. 8, 1986; 56 FR 64873, Dec. 12, 
1991; 61 FR 18291, Apr. 25, 1996; 65 FR 30006, May 10, 2000]



Sec. 73.3517  Contingent applications.

    Contingent applications for new stations and for changes in 
facilities of existing stations are not acceptable for filing. 
Contingent applications will be accepted for filing under circumstances 
described below:
    (a) Upon filing of an application for the assignment of a license or 
construction permit, or for a transfer of control of a licensee or 
permittee, the proposed assignee or transferee may, upon payment of the 
processing fee prescribed in Subpart G, Part 1 of this chapter, file 
applications in its own name for authorization to make changes in the 
facilities to be assigned or transferred contingent upon approval and 
consummation of the assignment or transfer. Any application filed 
pursuant to this paragraph must be accompanied by a written statement 
from the existing licensee which specifically grants permission to the 
assignee or permittee to file such application. The processing fee will 
not be refundable should the assignment or transfer not be approved. The 
existing licensee or permittee may also file a contingent application in 
its own name, but fees in such cases also not refundable.
    (b) Whenever the FCC determines that processing of any application 
filed pursuant to paragraph (a) of this section, would be contrary to 
sound administrative practice or would impose an unwarranted burden on 
its staff and resources, the FCC may defer processing of such 
application until the assignment or transfer has been granted and 
consummated.
    (c) Upon payment of the filing fees prescribed in Sec. 1.1111 of 
this chapter, the Commission will accept two or more applications filed 
by existing AM licensees for modification of facilities that are 
contingent upon granting of both, if granting such contingent 
applications will reduce interference to one or more AM stations or will 
otherwise

[[Page 315]]

increase the area of interference-free service. The applications must 
state that they are filed pursuant to an interference reduction 
arrangement and must cross-reference all other contingent applications.
    (d) Modified proposals curing conflicts between mutually exclusive 
clusters of applications filed in accordance with paragraphs (c) of this 
section will be accepted for 60 days following issuance of a public 
notice identifying such conflicts.
    (e) The Commission will accept up to four contingently related 
applications filed by FM licensees and/or permittees for minor 
modification of facilities. Two applications are related if the grant of 
one is necessary to permit the grant of the second application. Each 
application must state that it is filed as part of a related group of 
applications to make changes in facilities, must cross-reference each of 
the related applications, and must include a copy of the agreement to 
undertake the coordinated facility modifications. All applications must 
be filed on the same date. Any coordinated facility modification filing 
that proposes the cancellation of a community's sole noncommercial 
educational FM station license also must include a public interest 
justification. Dismissal of any one of the related applications as 
unacceptable will result in the dismissal of all the related 
applications.

    Note 1: No application to move to a frequency in the 1605-1705 kHz 
band may be part of any package of contingent applications associated 
with a voluntary agreement.
    Note 2: In cases where no modified proposal is filed pursuant to 
paragraph (d) of this section, the Commission will grant the application 
resulting in the greatest net interference reduction.

[44 FR 38487, July 2, 1979, as amended at 45 FR 41152, June 18, 1980; 52 
FR 5294, Feb. 20, 1987; 53 FR 36787, Sept. 22, 1988; 56 FR 64873, Dec. 
12, 1991; 64 FR 19501, Apr. 21, 1999]



Sec. 73.3518  Inconsistent or conflicting applications.

    While an application is pending and undecided, no subsequent 
inconsistent or conflicting application may be filed by or on behalf of 
or for the benefit of the same applicant, successor or assignee.

[44 FR 38487, July 2, 1979]



Sec. 73.3519  Repetitious applications.

    (a) Where the FCC has denied an application for a new station or for 
any modification of services or facilities, or dismissed such 
application with prejudice, no like application involving service of the 
same kind for substantially the same area by substantially the same 
applicant, or his successor or assignee, or on behalf or for the benefit 
of the original parties in interest, may be filed within 12 months from 
the effective date of the FCC's action. However, applicants whose 
applications have been denied in a comparative hearing may apply 
immediately for another available facility.
    (b) Where an appeal has been taken from the action of the FCC in 
denying a particular application, another application for the same class 
of broadcast station and for the same area, in whole or in part, filed 
by the same applicant, or his successor or assignee, or on behalf of, or 
for the benefit of the original parties in interest, will not be 
considered until final disposition of such appeal.

[44 FR 38488, July 2, 1979]



Sec. 73.3520  Multiple applications.

    Where there is one application for new or additional facilities 
pending, no other application for new or additional facilities for a 
station of the same class to serve the same community may be filed by 
the same applicant, or successor or assignee, or on behalf of, or for 
the benefit of the original parties in interest. Multiple applications 
may not be filed simultaneously.

[44 FR 38488, July 2, 1979]



Sec. 73.3521  Mutually exclusive applications for low power television, television translators and television booster stations.

    When there is a pending application for a new low power television, 
television translator, or television booster station, or for major 
changes in an existing station, no other application which would be 
directly mutually exclusive with the pending application

[[Page 316]]

may be filed by the same applicant or by any applicant in which any 
individual in common with the pending application has any interest, 
direct or indirect, except that interests or less than 1% will not be 
considered.

[52 FR 31400, Aug. 20, 1987]



Sec. 73.3522  Amendment of applications.

    (a) Broadcast services subject to competitive bidding. (1) 
Applicants in all broadcast services subject to competitive bidding will 
be subject to the provisions of Sec. Sec. 73.5002 and 1.2105(b) 
regarding the modification of their short-form applications.
    (2) Subject to the provision of Sec. 73.5005, if it is determined 
that a long form application submitted by a winning bidder or a non-
mutually exclusive applicant for a new station or a major change in an 
existing station in all broadcast services subject to competitive 
bidding is substantially complete, but contains any defect, omission, or 
inconsistency, a deficiency letter will be issued affording the 
applicant an opportunity to correct the defect, omission or 
inconsistency. Amendments may be filed pursuant to the deficiency letter 
curing any defect, omission or inconsistency identified by the 
Commission, or to make minor modifications to the application, or 
pursuant to Sec. 1.65. Such amendments should be filed in accordance 
with Sec. 73.3513. If a petition to deny has been filed, the amendment 
shall be served on the petitioner.
    (3) Subject to the provisions of Sec. Sec. 73.3571, 73.3572 and 
73.3573, deficiencies, omissions or inconsistencies in long-form 
applications may not be cured by major amendment. The filing of major 
amendments to long-form applications is not permitted. An application 
will be considered to be newly filed if it is amended by a major 
amendment.
    (4) Paragraph (a) of this section is not applicable to applications 
for minor modifications of facilities in the non-reserved FM broadcast 
service, nor to any application for a reserved band FM station.
    (b) Reserved Channel FM and reserved noncommercial educational 
television stations. Applications may be amended after Public Notice 
announcing a period for filing amendments. Amendments, when applicable, 
are subject to the provisions of Sec. Sec. 73.3514, 73.3525, 73.3572, 
73.3573, 73.3580, and Sec. 1.65 of this chapter. Unauthorized or 
untimely amendments are subject to return by the FCC's staff without 
consideration. Amendments will be accepted as described below and 
otherwise will only be considered upon a showing of good cause for late 
filing or pursuant to Sec. 1.65 of this chapter or Sec. 73.3514:
    (1) A Sec. 73.7002 Selectee. A Public Notice will announce that the 
application of a Sec. 73.7002 Selectee (selected based on fair 
distribution) has been found acceptable for filing. If any Selectee's 
application is determined unacceptable the application will be returned 
and the Selectee will be provided one opportunity for curative amendment 
by filing a petition for reconsideration requesting reinstatement of the 
application. All amendments filed in accordance with this paragraph must 
be minor and must not alter the Sec. 73.7002 preference.
    (2) A Sec. 73.7003 Tentative Selectee. A Public Notice will 
announce that the application of a Sec. 73.7003 Tentative Selectee 
(selected through a point system) has been found acceptable for filing. 
If any Tentative Selectee's application is determined unacceptable the 
application will be returned and the Tentative Selectee will be provided 
one opportunity for curative amendment by filing a petition for 
reconsideration requesting reinstatement of the application. All 
amendments filed in accordance with this paragraph must be minor and 
must claim the same number of qualitative points as originally claimed, 
or more points than claimed by the applicant with the next highest point 
total.
    (3) A Public Notice will identify all other reserved channel 
applications, such as non-mutually exclusive applications and the sole 
remaining application after a settlement among mutually exclusive 
applications. If any such application is determined unacceptable the 
application will be returned and the applicant will be provided one 
opportunity for curative amendment by

[[Page 317]]

filing a petition for reconsideration requesting reinstatement of the 
application. All amendments filed in accordance with this paragraph must 
be minor.
    (c) Minor modifications of facilities in the non-reserved FM 
broadcast service.
    (1) Subject to the provisions of Sec. Sec. 73.3525, 73.3573, and 
73.3580, for a period of 30 days following the FCC's issuance of a 
Public Notice announcing the tender of an application for minor 
modification of a non-reserved band FM station, (other than Class D 
stations), minor amendments may be filed as a matter of right.
    (2) For applications received on or after August 7, 1992, an 
applicant whose application is found to meet minimum filing 
requirements, but nevertheless is not complete and acceptable, shall 
have the opportunity during the period specified in the FCC staff's 
deficiency letter to correct all deficiencies in the tenderability and 
acceptability of the underlying application, including any deficiency 
not specifically identified by the staff. [For minimum filing 
requirements see Sec. 73.3564(a). Examples of tender defects appear at 
50 FR 19936 at 19945-46 (May 13, 1985), reprinted as Appendix D, Report 
and Order, MM Docket No. 91-347, 7 FCC Rcd 5074, 5083-88 (1992). For 
examples of acceptance defects, see 49 FR 47331.] Prior to the end of 
the period specified in the deficiency letter, a submission seeking to 
correct a tender and/or acceptance defect in an application meeting 
minimum filing requirements will be treated as an amendment for good 
cause if it would successfully and directly correct the defect. Other 
amendments submitted prior to grant will be considered only upon a 
showing of good cause for late filing or pursuant to Sec. 1.65 or Sec. 
73.3514.
    (3) Unauthorized or untimely amendments are subject to return by the 
Commission without consideration. However, an amendment to a non-
reserved band application will not be accepted if the effect of such 
amendment is to alter the proposed facility's coverage area so as to 
produce a conflict with an applicant who files subsequent to the initial 
applicant but prior to the amendment application. Similarly, an 
applicant subject to ``first come/first serve'' processing will not be 
permitted to amend its application and retain filing priority if the 
result of such amendment is to alter the facility's coverage area so as 
to produce a conflict with an applicant which files subsequent to the 
initial applicant but prior to the amendment.

    Note 1 to Sec. 73.3522: When two or more broadcast applications are 
tendered for filing which are mutually exclusive with each other but not 
in conflict with any previously filed applications which have been 
accepted for filing, the FCC, where appropriate, will announce 
acceptance of the earliest tendered application and place the later 
filed application or applications on a subsequent public notice of 
acceptance for filing in order to establish a deadline for the filing of 
amendments as a matter of right for all applicants in the group.

[63 FR 48623, Sept. 11, 1998, as amended at 65 FR 36378, June 8, 2000]



Sec. 73.3523  Dismissal of applications in renewal proceedings.

    (a) An applicant for construction permit, that has filed an 
application that is mutually exclusive with an application for renewal 
of a license of an AM, FM or television station (hereinafter competing 
applicant'') filed on or before May 1, 1995, and seeks to dismiss or 
withdraw its application and thereby remove a conflict between 
applications pending before the Commission, must obtain the approval of 
the Commission.
    (b) If a competing applicant seeks to dismiss or withdraw its 
application prior to the Initial Decision stage of the hearing on its 
application, it must submit to the Commission a request for approval of 
the dismissal or withdrawal of its application, a copy of any written 
agreement related to the dismissal or withdrawal of its application, and 
an affidavit setting forth:
    (1) A certification that neither the applicant nor its principals 
has received or will receive any money or other consideration in 
exchange for dismissing or withdrawing its application;
    (2) A statement that its application was not filed for the purpose 
of reaching or carrying out an agreement with any other applicant 
regarding the dismissal or withdrawal of its application; and

[[Page 318]]

    (3) The terms of any oral agreement relating to the dismissal or 
withdrawal of its application.

In addition, within 5 days of the applicant's request for approval, each 
remaining competing applicant and the renewal applicant must submit an 
affidavit setting forth:
    (4) A certification that neither the applicant nor its principals 
has paid or will pay any money or other consideration in exchange for 
the dismissal or withdrawal of the application; and
    (5) The terms of any oral agreement relating to the dismissal or 
withdrawal of the application.
    (c) If a competing applicant seeks to dismiss or withdraw its 
application after the Initial Decision stage of the hearing on its 
application, it must submit to the Commission a request for approval of 
the dismissal or withdrawal of its application, a copy of the any 
written agreement related to the dismissal or withdrawal, and an 
affidavit setting forth:
    (1) A certification that neither the applicant nor its principals 
has received or will receive any money or other consideration in excess 
of the legitimate and prudent expenses of the applicant;
    (2) The exact nature and amount of any consideration paid or 
promised;
    (3) An itemized accounting of the expenses for which it seeks 
reimbursement;
    (4) A statement that its application was not filed for the purpose 
of reaching or carrying out an agreement with any other applicant 
regarding the dismissal or withdrawal of its application; and
    (5) The terms of any oral agreement relating to the dismissal or 
withdrawal of its application.

In addition, within 5 days of the applicant's request for approval, each 
remaining party to any written or oral agreement must submit an 
affidavit setting forth:
    (6) A certification that neither the applicant nor its principals 
has paid or will pay money or other consideration in excess of the 
legitimate and prudent expenses of the withdrawing applicant in exchange 
for the dismissal or withdrawal of the application; and
    (7) The terms of any oral agreement relating the dismissal or 
withdrawal of the application.
    (d) For the purpose of this section:
    (1) Affidavits filed pursuant to this section shall be executed by 
the applicant, permittee or licensee, if an individual; a partner having 
personal knowledge of the facts, if a partnership; or an officer having 
personal knowledge of the facts, if a corporation or association.
    (2) An application shall be deemed to be pending before the 
Commission from the time an application is filed with Commission until 
an order of the Commission granting or denying the application is no 
longer subject to reconsideration by the Commission or to review by any 
court.
    (3) ``Legitimate and prudent expenses'' are those expenses 
reasonably incurred by an applicant in preparing, filing, and 
prosecuting its application.
    (4) ``Other consideration'' consists of financial concessions, 
including but not limited to the transfer of assets or the provision of 
tangible pecuniary benefit, as well as nonfinancial concessions that 
confer any type of benefit on the recipient.

[54 FR 22598, May 25, 1989, as amended at 61 FR 18291, Apr. 25, 1996]



Sec. 73.3525  Agreements for removing application conflicts.

    (a) Except as provided in Sec. 73.3523 regarding dismissal of 
applications in comparative renewal proceedings, whenever applicants for 
a construction permit for a broadcast station enter into an agreement to 
procure the removal of a conflict between applications pending before 
the FCC by withdrawal or amendment of an application or by its dismissal 
pursuant to Sec. 73.3568, all parties thereto shall, within 5 days 
after entering into the agreement, file with the FCC a joint request for 
approval of such agreement. The joint request shall be accompanied by a 
copy of the agreement, including any ancillary agreements, and an 
affidavit of each party to the agreement setting forth:
    (1) The reasons why it is considered that such agreement is in the 
public interest;

[[Page 319]]

    (2) A statement that its application was not filed for the purpose 
of reaching or carrying out such agreement;
    (3) A certification that neither the applicant nor its principals 
has received any money or other consideration in excess of the 
legitimate and prudent expenses of the applicant; Provided That this 
provision shall not apply to bona fide merger agreements;
    (4) The exact nature and amount of any consideration paid or 
promised;
    (5) An itemized accounting of the expenses for which it seeks 
reimbursement; and
    (6) The terms of any oral agreement relating to the dismissal or 
withdrawal of its application.
    (b) Except where a joint request is filed pursuant to paragraph (a) 
of this section, any applicant filing an amendment pursuant to Sec. 
73.3522 (b)(1) and (c), or a request for dismissal pursuant to Sec. 
73.3568 (b)(1) and (c), which would remove a conflict with another 
pending application; or a petition for leave to amend pursuant to Sec. 
73.3522(b)(2) which would permit a grant of the amended application or 
an application previously in conflict with the amended application; or a 
request for dismissal pursuant to Sec. 73.3568(b)(2), shall file with 
it an affidavit as to whether or not consideration (including an 
agreement for merger of interests) has been promised to or received by 
such applicant, directly or indirectly, in connection with the 
amendment, petition or request.
    (c) Upon the filing of a petition for leave to amend or to dismiss 
an application for broadcast facilities which has been designated for 
hearing or upon the dismissal of such application on the FCC's own 
motion pursuant to Sec. 73.3568, each applicant or party remaining in 
hearing, as to whom a conflict would be removed by the amendment or 
dismissal shall submit for inclusion in the record of that proceeding an 
affidavit stating whether or not he has directly or indirectly paid or 
promised consideration (including an agreement for merger of interests) 
in connection with the removal of such conflict.
    (d) Where an affidavit filed pursuant to paragraph (c) of this 
section states that consideration has been paid or promised, the 
affidavit shall set forth in full all relevant facts, including, but not 
limited to, the material listed in paragraph (a) of this section for 
inclusions in affidavits.
    (e) Affidavits filed pursuant to this section shall be executed by 
the applicant, permittee or licensee, if an individual; a partner having 
personal knowledge of the facts, if a partnership; or an officer having 
personal knowledge of the facts, if a corporation or association.
    (f) Requests and affidavits which relate to an application which has 
not been designated for hearing shall bear the file number of such 
application. If the affiant is also an applicant, the affidavit shall 
also bear the file number of affiant's pending application(s). Requests 
and affidavits which relate to an application which is designated for 
hearing shall bear the file number of that application and the hearing 
docket number and will be acted on by the presiding officer.
    (g) For the purposes of this section an application shall be deemed 
to be ``pending'' before the FCC and a party shall be considered to have 
the status of an ``applicant'' from the time an application is filed 
with the FCC until an order of the FCC granting or denying it is no 
longer subject to reconsideration by the FCC or to review by any court.
    (h) For purposes of this section, ``legitimate and prudent 
expenses'' are those expenses reasonably incurred by an applicant in 
preparing, filing, prosecuting, and settling its application for which 
reimbursement is being sought.
    (i) For purposes of this section, ``other consideration'' consists 
of financial concessions, including, but not limited to the transfer of 
assets or the provision of tangible pecuniary benefit, as well as non-
financial concessions that confer any type of benefit on the recipient.
    (j) For purposes of this section, an ``ancillary agreement'' means 
any agreement relating to the dismissal of an application or settling of 
a proceeding, including any agreement on the part of an applicant or 
principal of an applicant to render consulting services to another party 
or principal of another party in the poroceeding.

[[Page 320]]

    (k) The prohibition of collusion as set forth in Sec. Sec. 
1.2105(c) of this chapter and 73.5002, which becomes effective upon the 
filing of short-form applications, shall apply to all broadcast services 
subject to competitive bidding.

    Note: Although Sec. 74.780 of the Rules makes this section 
generally applicable to low power TV, TV translators, and TV booster 
stations, paragraph (b) of this section shall not be applicable to such 
stations.

[56 FR 28097, June 19, 1991, as amended at 63 FR 48624, Sept. 11, 1998; 
85 FR 46794, June 18, 2020]



Sec. 73.3526  Online public inspection file of commercial stations.

    (a) Responsibility to maintain a file. The following shall maintain 
for public inspection a file containing the material set forth in this 
section.
    (1) Applicants for a construction permit for a new station in the 
commercial broadcast services shall maintain a public inspection file 
containing the material, relating to that station, described in 
paragraphs (e)(2) and (e)(10) of this section. A separate file shall be 
maintained for each station for which an application is pending. If the 
application is granted, paragraph (a)(2) of this section shall apply.
    (2) Every permittee or licensee of an AM, FM, TV or Class A TV 
station in the commercial broadcast services shall maintain a public 
inspection file containing the material, relating to that station, 
described in paragraphs (e)(1) through (e)(10) and paragraph (e)(13) of 
this section. In addition, every permittee or licensee of a commercial 
TV or Class A TV station shall maintain for public inspection a file 
containing material, relating to that station, described in paragraphs 
(e)(11) and (e)(15) of this section, and every permittee or licensee of 
a commercial AM or FM station shall maintain for public inspection a 
file containing the material, relating to that station, described in 
paragraphs (e)(12) and (e)(14) of this section. A separate file shall be 
maintained for each station for which an authorization is outstanding, 
and the file shall be maintained so long as an authorization to operate 
the station is outstanding.
    (b) Location of the file. The public inspection file shall be 
located as follows:
    (1) An applicant for a new station or change of community shall 
maintain its file at an accessible place in the proposed community of 
license.
    (2)(i) A television or radio station licensee or applicant shall 
place the contents required by paragraph (e) of this section of its 
public inspection file in the online public file hosted by the 
Commission.
    (ii) A station must provide a link to the public inspection file 
hosted on the Commission's website from the home page of its own 
website, if the station has a website, and provide contact information 
on its website for a station representative that can assist any person 
with disabilities with issues related to the content of the public 
files. A station also is required to include in the online public file 
the station's address and telephone number, and the email address of the 
station's designated contact for questions about the public file.
    (3) The Commission will automatically link the following items to 
the electronic version of all licensee and applicant public inspection 
files, to the extent that the Commission has these items electronically: 
authorizations, applications, contour maps; ownership reports and 
related materials; portions of the Equal Employment Opportunity file 
held by the Commission; ``The Public and Broadcasting''; Letters of 
Inquiry and other investigative information requests from the 
Commission, unless otherwise directed by the inquiry itself; Children's 
television programming reports; and DTV transition education reports. In 
the event that the online public file does not reflect such required 
information, the licensee will be responsible for posting such material.
    (c) Access to material in the file. For any applicant described in 
paragraph (b)(1) of this section that does not include all material 
described in paragraph (e) of this section in the online public file 
hosted by the Commission, the portion of the file that is not included 
in the online public file shall be available for public inspection at 
any time during regular business hours at an accessible place in the 
community of license. The applicant must provide information regarding 
the location of the file, or the applicable portion of

[[Page 321]]

the file, within one business day of a request for such information. All 
or part of the file may be maintained in a computer database, as long as 
a computer terminal is made available, at the location of the file, to 
members of the public who wish to review the file. Material in the 
public inspection file shall be made available for printing or machine 
reproduction upon request made in person. The applicant may specify the 
location for printing or reproduction, require the requesting party to 
pay the reasonable cost thereof, and may require guarantee of payment in 
advance (e.g., by requiring a deposit, obtaining credit card 
information, or any other reasonable method). Requests for copies shall 
be fulfilled within a reasonable period of time, which generally should 
not exceed 7 days.
    (d) Responsibility in case of assignment or transfer. (1) In cases 
involving applications for consent to assignment of broadcast station 
construction permits or licenses, with respect to which public notice is 
required to be given under the provisions of Sec. 73.3580 or Sec. 
73.3594, the file mentioned in paragraph (a) of this section shall be 
maintained by the assignor. If the assignment is consented to by the FCC 
and consummated, the assignee shall maintain the file commencing with 
the date on which notice of the consummation of the assignment is filed 
with the FCC. The assignee shall retain public file documents obtained 
from the assignor for the period required under these rules.
    (2) In cases involving applications for consent to transfer of 
control of a permittee or licensee of a broadcast station, the file 
mentioned in paragraph (a) of this section shall be maintained by the 
permittee or licensee.
    (e) Contents of the file. The material to be retained in the public 
inspection file is as follows:
    (1) Authorization. A copy of the current FCC authorization to 
construct or operate the station, as well as any other documents 
necessary to reflect any modifications thereto or any conditions that 
the FCC has placed on the authorization. These materials shall be 
retained until replaced by a new authorization, at which time a copy of 
the new authorization and any related materials shall be placed in the 
file.
    (2) Applications and related materials. A copy of any application 
tendered for filing with the FCC, together with all related material, 
and copies of Initial Decisions and Final Decisions in hearing cases 
pertaining thereto. If petitions to deny are filed against the 
application and have been served on the applicant, a statement that such 
a petition has been filed shall be maintained in the file together with 
the name and address of the party filing the petition. Applications 
shall be retained in the public inspection file until final action has 
been taken on the application, except that applications for a new 
construction permit granted pursuant to a waiver showing and 
applications for assignment or transfer of license granted pursuant to a 
waiver showing shall be retained for as long as the waiver is in effect. 
In addition, license renewal applications granted on a short-term basis 
shall be retained until final action has been taken on the license 
renewal application filed immediately following the shortened license 
term.
    (3)(i) Citizen agreements. A copy of every written citizen 
agreement. These agreements shall be retained for the term of the 
agreement, including any renewal or extension thereof.
    (ii) For purposes of this section, a citizen agreement is a written 
agreement between a broadcast applicant, permittee, or licensee, and one 
or more citizens or citizen groups, entered for primarily noncommercial 
purposes. This definition includes those agreements that deal with goals 
or proposed practices directly or indirectly affecting station 
operations in the public interest, in areas such as--but not limited 
to--programming and employment. It excludes common commercial agreements 
such as advertising contracts; union, employment, and personal services 
contracts; network affiliation, syndication, program supply contracts, 
etc. However, the mere inclusion of commercial terms in a primarily 
noncommercial agreement--such as a provision for payment of fees for 
future services of the citizen-parties (see ``Report and Order,'' Docket 
19518, 57 FCC 2d 494 (1976))--would not

[[Page 322]]

cause the agreement to be considered commercial for purposes of this 
section.
    (4) Contour maps. A copy of any service contour maps, submitted with 
any application tendered for filing with the FCC, together with any 
other information in the application showing service contours and/or 
transmitter location (State, county, city, street address, or other 
identifying information). These documents shall be retained for as long 
as they reflect current, accurate information regarding the station.
    (5) Ownership reports and related materials. A copy of the most 
recent, complete ownership report filed with the FCC for the station, 
together with any statements filed with the FCC certifying that the 
current report is accurate, and together with all related material. 
These materials shall be retained until a new, complete ownership report 
is filed with the FCC, at which time a copy of the new report and any 
related materials shall be placed in the file. The permittee or licensee 
must retain in the public file either a copy of the station documents 
listed in Sec. 73.3613(a) through (c) or an up-to-date list of such 
documents. If the permittee or licensee elects to maintain an up-to-date 
list of such documents, the list must include all the information that 
the permittee or licensee is required to provide on ownership reports 
for each document, including, but not limited to, a description of the 
document, the parties to the document, the month and year of execution, 
the month and year of expiration, and the document type (e.g., network 
affiliation agreement, articles of incorporation, bylaws, management 
consultant agreement with independent contractor). Regardless of which 
of these two options the permittee or licensee chooses, it must update 
the inventory of Sec. 73.3613 documents in the public file to reflect 
newly executed Sec. 73.3613 documents, amendments, supplements, and 
cancellations within 30 days of execution thereof. Licensees and 
permittees that choose to retain a list of Sec. 73.3613 documents must 
provide a copy of any Sec. 73.3613 document(s) to requesting parties 
within 7 days. In maintaining copies of such documents in the public 
file or providing copies upon request, confidential or proprietary 
information may be redacted where appropriate.
    (6) Political file. Such records as are required by Sec. 73.1943 to 
be kept concerning broadcasts by candidates for public office. These 
records shall be retained for the period specified in Sec. 73.1943 (2 
years).
    (7) Equal Employment Opportunity file. Such information as is 
required by Sec. 73.2080 to be kept in the public inspection file. 
These materials shall be retained until final action has been taken on 
the station's next license renewal application.
    (8) The public and broadcasting. At all times, a copy of the most 
recent version of the manual entitled ``The Public and Broadcasting.''
    (9) [Reserved]
    (10) Material relating to FCC investigation or complaint. Material 
having a substantial bearing on a matter which is the subject of an FCC 
investigation or complaint to the FCC of which the applicant, permittee, 
or licensee has been advised. This material shall be retained until the 
applicant, permittee, or licensee is notified in writing that the 
material may be discarded.
    (11)(i) TV issues/programs lists. For commercial TV and Class A 
broadcast stations, every three months a list of programs that have 
provided the station's most significant treatment of community issues 
during the preceding three month period. The list for each calendar 
quarter is to be filed by the tenth day of the succeeding calendar 
quarter (e.g., January 10 for the quarter October--December, April 10 
for the quarter January--March, etc.) The list shall include a brief 
narrative describing what issues were given significant treatment and 
the programming that provided this treatment. The description of the 
programs shall include, but shall not be limited to, the time, date, 
duration, and title of each program in which the issue was treated. The 
lists described in this paragraph shall be retained in the public 
inspection file until final action has been taken on the station's next 
license renewal application.
    (ii) Records concerning commercial limits. For commercial TV and 
Class A TV broadcast stations, records sufficient

[[Page 323]]

to permit substantiation of the station's certification, in its license 
renewal application, of compliance with the commercial limits on 
children's programming established in 47 U.S.C. 303a and Sec. 73.670. 
The records for each calendar year must be filed by the thirtieth day of 
the succeeding calendar year. These records shall be retained until 
final action has been taken on the station's next license renewal 
application.
    (iii) Children's television programming reports. For commercial TV 
broadcast stations on an annual basis, a completed Children's Television 
Programming Report (``Report''), on FCC Form 2100 Schedule H, reflecting 
efforts made by the licensee during the preceding year to serve the 
educational and informational needs of children. The Report is to be 
electronically filed with the Commission by the thirtieth (30) day of 
the succeeding calendar year. A copy of the Report will also be linked 
to the station's online public inspection file by the FCC. The Report 
shall identify the licensee's educational and informational programming 
efforts, including programs aired by the station that are specifically 
designed to serve the educational and informational needs of children. 
The Report shall include the name of the individual at the station 
responsible for collecting comments on the station's compliance with the 
Children's Television Act, and it shall be separated from other 
materials in the public inspection file. These Reports shall be retained 
in the public inspection file until final action has been taken on the 
station's next license renewal application.
    (12) Radio issues/programs lists. For commercial AM and FM broadcast 
stations, every three months a list of programs that have provided the 
station's most significant treatment of community issues during the 
preceding three month period. The list for each calendar quarter is to 
be filed by the tenth day of the succeeding calendar quarter (e.g., 
January 10 for the quarter October--December, April 10 for the quarter 
January--March, etc.). The list shall include a brief narrative 
describing what issues were given significant treatment and the 
programming that provided this treatment. The description of the 
programs shall include, but shall not be limited to, the time, date, 
duration, and title of each program in which the issue was treated. The 
lists described in this paragraph shall be retained in the public 
inspection file until final action has been taken on the station's next 
license renewal application.
    (13) Local public notice announcements. Each applicant for renewal 
of license shall, within 7 days of the last day of broadcast of the 
local public notice of filing announcements required pursuant to Sec. 
73.3580(c)(3), place in the station's online public inspection file a 
statement certifying compliance with this paragraph (e)(13). The dates 
and times that the on-air announcements were broadcast shall be made 
part of the certifying statement. The certifying statement shall be 
retained in the public file for the period specified in Sec. 
73.3580(e)(2) (for as long as the application to which it refers).
    (14) Radio and television time brokerage agreements. For commercial 
radio and television stations, a copy of every agreement or contract 
involving time brokerage of the licensee's station or of another station 
by the licensee, whether the agreement involves stations in the same 
markets or in differing markets, with confidential or proprietary 
information redacted where appropriate. These agreements shall be placed 
in the public file within 30 days of execution and retained in the file 
as long as the contract or agreement is in force.
    (15) Must-carry or retransmission consent election. Statements of a 
commercial television or Class A television station's election with 
respect to either must-carry or re-transmission consent, as defined in 
Sec. Sec. 76.64 and 76.1608 of this chapter. These records shall be 
retained for the duration of the three year election period to which the 
statement applies. Commercial television stations shall, no later than 
July 31, 2020, provide an up-to-date email address and phone number for 
carriage-related questions and respond as soon as is reasonably possible 
to messages or calls from multichannel video programming distributors 
(MVPDs). Each

[[Page 324]]

commercial television station is responsible for the continuing accuracy 
and completeness of the information furnished.
    (16) Radio and television joint sales agreements. For commercial 
radio and commercial television stations, a copy of agreement for the 
joint sale of advertising time involving the station, whether the 
agreement involves stations in the same markets or in differing markets, 
with confidential or proprietary information redacted where appropriate. 
These agreements shall be placed in the public file within 30 days of 
execution and retained in the file as long as the contract or agreement 
is in force.
    (17) Class A TV continuing eligibility. Documentation sufficient to 
demonstrate that the Class A television station is continuing to meet 
the eligibility requirements set forth at Sec. 73.6001.
    (18) Shared service agreements. For commercial television stations, 
a copy of every Shared Service Agreement for the station (with the 
substance of oral agreements reported in writing), regardless of whether 
the agreement involves commercial television stations in the same market 
or in different markets, with confidential or proprietary information 
redacted where appropriate. For purposes of this paragraph, a Shared 
Service Agreement is any agreement or series of agreements in which:
    (1) A station provides any station-related services, including, but 
not limited to, administrative, technical, sales, and/or programming 
support, to a station that is not directly or indirectly under common de 
jure control permitted under the Commission's regulations; or
    (2) Stations that are not directly or indirectly under common de 
jure control permitted under the Commission's regulations collaborate to 
provide or enable the provision of station-related services, including, 
but not limited to, administrative, technical, sales, and/or programming 
support, to one or more of the collaborating stations. For purposes of 
this paragraph, the term ``station'' includes the licensee, including 
any subsidiaries and affiliates, and any other individual or entity with 
an attributable interest in the station.
    (19) Foreign sponsorship disclosures. Documentation sufficient to 
demonstrate that the station is continuing to meet the requirements set 
forth at Sec. 73.1212(j)(7).
    (f)(1) For purposes of this section, action taken on an application 
tendered with the FCC becomes final when that action is no longer 
subject to reconsideration, review, or appeal either at the FCC or in 
the courts.
    (2) For purposes of this section, the term ``all related material'' 
includes all exhibits, letters, and other documents tendered for filing 
with the FCC as part of an application, report, or other document, all 
amendments to the application, report, or other document, copies of all 
documents incorporated therein by reference and not already maintained 
in the public inspection file, and all correspondence between the FCC 
and the applicant pertaining to the application, report, or other 
document, which according to the provisions of Sec. Sec. 0.451 through 
0.461 of this chapter are open for public inspection at the offices of 
the FCC.

[63 FR 49497, Sept. 16, 1998]

    Editorial Note: For Federal Register citations affecting Sec. 
73.3526, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 73.3527  Online public inspection file of noncommercial educational stations.

    (a) Responsibility to maintain a file. The following shall maintain 
for public inspection a file containing the material set forth in this 
section.
    (1) Applicants for a construction permit for a new station in the 
noncommercial educational broadcast services shall maintain a public 
inspection file containing the material, relating to that station, 
described in paragraph (e)(2) and (e)(11) of this section. A separate 
file shall be maintained for each station for which an application is 
pending. If the application is granted, paragraph (a)(2) of this section 
shall apply.
    (2) Every permittee or licensee of an AM, FM, or TV station in the 
noncommercial educational broadcast

[[Page 325]]

services shall maintain a public inspection file containing the 
material, relating to that station, described in paragraphs (e)(1) 
through (e)(11) of this section. In addition, every permittee or 
licensee of a noncommercial educational TV station shall maintain for 
public inspection a file containing material, relating to that station, 
described in paragraphs (e)(12) of this section. A separate file shall 
be maintained for each station for which an authorization is 
outstanding, and the file shall be maintained so long as an 
authorization to operate the station is outstanding.
    (b) Location of the file. The public inspection file shall be 
located as follows:
    (1) An applicant for a new station or change of community shall 
maintain its file at an accessible place in the proposed community of 
license.
    (2)(i) A noncommercial educational television or radio station 
licensee or applicant shall place the contents required by paragraph (e) 
of this section of its public inspection file in the online public file 
hosted by the Commission.
    (ii) A station must provide a link to the online public inspection 
file hosted by the Commission from the home page of its own website, if 
the station has a website, and provide contact information for a station 
representative on its website that can assist any person with 
disabilities with issues related to the content of the public files. A 
station also is required to include in the online public file hosted by 
the Commission the station's address and telephone number, and the email 
address of the station's designated contact for questions about the 
public file.
    (3) The Commission will automatically link the following items to 
the electronic version of all licensee and applicant public inspection 
files, to the extent that the Commission has these items electronically: 
Authorizations; applications; contour maps; ownership reports and 
related materials; portions of the Equal Employment Opportunity file 
held by the Commission; and ``The Public and Broadcasting''.
    (c) Access to material in the file. For any applicant described in 
paragraph (b)(1) of this section that does not include all material 
described in paragraph (e) of this section in the online public file 
hosted by the Commission, the portion of the file that is not included 
in the online public file shall be available for public inspection at 
any time during regular business hours at an accessible place in the 
community of license. The applicant must provide information regarding 
the location of the file, or the applicable portion of the file, within 
one business day of a request for such information. All or part of the 
file may be maintained in a computer database, as long as a computer 
terminal is made available, at the location of the file, to members of 
the public who wish to review the file. Material in the public 
inspection file shall be made available for printing or machine 
reproduction upon request made in person. The applicant may specify the 
location for printing or reproduction, require the requesting party to 
pay the reasonable cost thereof, and may require guarantee of payment in 
advance (e.g., by requiring a deposit, obtaining credit card 
information, or any other reasonable method). Requests for copies shall 
be fulfilled within a reasonable period of time, which generally should 
not exceed 7 days.
    (d) Responsibility in case of assignment or transfer. (1) In cases 
involving applications for consent to assignment of broadcast station 
construction permits or licenses, with respect to which public notice is 
required to be given under the provisions of Sec. 73.3580 or Sec. 
73.3594, the file mentioned in paragraph (a) of this section shall be 
maintained by the assignor. If the assignment is consented to by the FCC 
and consummated, the assignee shall maintain the file commencing with 
the date on which notice of the consummation of the assignment is filed 
with the FCC. The assignee shall retain public file documents obtained 
from the assignor for the period required under these rules.
    (2) In cases involving applications for consent to transfer of 
control of a permittee or licensee of a broadcast station, the file 
mentioned in paragraph (a) of this section shall be maintained by the 
permittee or licensee.

[[Page 326]]

    (e) Contents of the file. The material to be retained in the public 
inspection file is as follows:
    (1) Authorization. A copy of the current FCC authorization to 
construct or operate the station, as well as any other documents 
necessary to reflect any modifications thereto or any conditions that 
the FCC has placed on the authorization. These materials shall be 
retained until replaced by a new authorization, at which time a copy of 
the new authorization and any related materials shall be placed in the 
file.
    (2) Applications and related materials. A copy of any application 
tendered for filing with the FCC, together with all related material, 
including supporting documentation of any points claimed in the 
application pursuant to Sec. 73.7003, and copies of FCC decisions 
pertaining thereto. If petitions to deny are filed against the 
application and have been served on the applicant, a statement that such 
a petition has been filed shall be maintained in the file together with 
the name and address of the party filing the petition. Applications 
shall be retained in the public inspection file until final action has 
been taken on the application, except that applications for a new 
construction permit granted pursuant to a waiver showing and 
applications for assignment or transfer of license granted pursuant to a 
waiver showing shall be retained for as long as the waiver is in effect. 
In addition, license renewal applications granted on a short-term basis 
shall be retained until final action has been taken on the license 
renewal application filed immediately following the shortened license 
term.
    (3) Contour maps. A copy of any service contour maps, submitted with 
any application tendered for filing with the FCC, together with any 
other information in the application showing service contours and/or 
transmitter location (State, county, city, street address, or other 
identifying information). These documents shall be retained for as long 
as they reflect current, accurate information regarding the station.
    (4) Ownership reports and related materials. A copy of the most 
recent, complete ownership report filed with the FCC for the station, 
together with any subsequent statement filed with the FCC certifying 
that the current report is accurate, and together with all related 
material. These materials shall be retained until a new, complete 
ownership report is filed with the FCC, at which time a copy of the new 
report and any related materials shall be placed in the file. The 
permittee or licensee must retain in the public file either a copy of 
the station documents listed in Sec. 73.3613(a) through (c) or an up-
to-date list of such documents. If the permittee or licensee elects to 
maintain an up-to-date list of such documents, the list must include all 
the information that the permittee or licensee is required to provide on 
ownership reports for each document, including, but not limited to, a 
description of the document, the parties to the document, the month and 
year of execution, the month and year of expiration, and the document 
type (e.g., network affiliation agreement, articles of incorporation, 
bylaws, management consultant agreement with independent contractor). 
Regardless of which of these two options the permittee or licensee 
chooses, it must update the inventory of Sec. 73.3613 documents in the 
public file to reflect newly executed Sec. 73.3613 documents, 
amendments, supplements, and cancellations within 30 days of execution 
thereof. Licensees and permittees that choose to maintain a list of 
Sec. 73.3613 documents must provide a copy of any Sec. 73.3613 
document(s) to requesting parties within 7 days. In maintaining copies 
of such documents in the public file or providing copies upon request, 
confidential or proprietary information may be redacted where 
appropriate.
    (5) Political file. Such records as are required by Sec. 73.1943 to 
be kept concerning broadcasts by candidates for public office. These 
records shall be retained for the period specified in Sec. 73.1943 (2 
years).
    (6) Equal Employment Opportunity file. Such information as is 
required by Sec. 73.2080 to be kept in the public inspection file. 
These materials shall be retained until final action has been taken on 
the station's next license renewal application.
    (7) The Public and Broadcasting. At all times, a copy of the most 
recent

[[Page 327]]

version of the manual entitled ``The Public and Broadcasting.''
    (8) Issues/Programs lists. For nonexempt noncommercial educational 
broadcast stations, every three months a list of programs that have 
provided the station's most significant treatment of community issues 
during the preceding three month period. The list for each calendar 
quarter is to be filed by the tenth day of the succeeding calendar 
quarter (e.g., January 10 for the quarter October-December, April 10 for 
the quarter January-March, etc.). The list shall include a brief 
narrative describing what issues were given significant treatment and 
the programming that provided this treatment. The description of the 
programs shall include, but shall not be limited to, the time, date, 
duration, and title of each program in which the issue was treated. For 
the purposes of this section, exempt applicants, permittees, or 
licensees include those whose existing or prospective facilities are 
Class D FM stations or whose programming is wholly ``Instructional''.
    (9) Donor lists. The lists of donors supporting specific programs. 
These lists shall be retained for two years from the date of the 
broadcast of the specific program supported.
    (10) Local public notice announcements. Each applicant for renewal 
of license shall, within 7 days of the last day of broadcast of the 
local public notice of filing announcements required pursuant to Sec. 
73.3580(c)(3), place in the station's online public inspection file a 
statement certifying compliance with this paragraph (e)(10). The dates 
and times that the on-air announcements were broadcast shall be made 
part of the certifying statement. The certifying statement shall be 
retained in the public file for the period specified in Sec. 
73.3580(e)(2) (for as long as the application to which it refers).
    (11) Material relating to FCC investigation or complaint. Material 
having a substantial bearing on a matter which is the subject of an FCC 
investigation or complaint to the FCC of which the applicant, permittee, 
or licensee has been advised. This material shall be retained until the 
applicant, permittee, or licensee is notified in writing that the 
material may be discarded.
    (12) Must-carry requests. Noncommercial television stations shall, 
no later than July 31, 2020, provide an up-to-date email address and 
phone number for carriage-related questions and respond as soon as is 
reasonably possible to messages or calls from multichannel video 
programming distributors (MVPDs). Each noncommercial television station 
is responsible for the continuing accuracy and completeness of the 
information furnished. Any such station requesting mandatory carriage 
pursuant to part 76 of this chapter shall place a copy of such request 
in its public file and shall retain both the request and relevant 
correspondence for the duration of any period to which the request 
applies.
    (13) [Reserved]
    (14) Information on Third-Party Fundraising. For noncommercial 
educational broadcast stations that interrupt regular programming to 
conduct fundraising activities on behalf of a third-party non-profit 
organization pursuant to Sec. 73.503(e) (FM stations) or Sec. 
73.621(f) (television stations), every three months, the following 
information for each third-party fundraising program or activity: The 
date, time, and duration of the fundraiser; the type of fundraising 
activity; the name of the non-profit organization benefitted by the 
fundraiser; a brief description of the specific cause or project, if 
any, supported by the fundraiser; and, to the extent that the station 
participated in tallying or receiving any funds for the non-profit 
group, an approximation of the total funds raised. The information for 
each calendar quarter is to be filed by the tenth day of the succeeding 
calendar quarter (e.g., January 10 for the quarter October-December, 
April 10 for the quarter January-March, etc.).
    (15) Foreign sponsorship disclosures. Documentation sufficient to 
demonstrate that the station is continuing to meet the requirements set 
forth at Sec. 73.1212(j)(7).
    (f)(1) For purposes of this section, a decision made with respect to 
an application tendered with the FCC becomes final when that decision is 
no longer subject to reconsideration, review, or appeal either at the 
FCC or in the courts.

[[Page 328]]

    (2) For purposes of this section, the term ``all related material'' 
includes all exhibits, letters, and other documents tendered for filing 
with the FCC as part of an application, report, or other document, all 
amendments to the application, report, or other document, copies of all 
documents incorporated therein by reference and not already maintained 
in the public inspection file, and all correspondence between the FCC 
and the applicant pertaining to the application, report, or other 
document, which according to the provisions of Sec. Sec. 0.451 through 
0.461 of this chapter are open for public inspection at the offices of 
the FCC.

[63 FR 49499, Sept. 16, 1998]

    Editorial Note: For Federal Register citations affecting Sec. 
73.3527, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 73.3533  Application for construction permit or modification of construction permit.

    (a) Application for construction permit, or modification of a 
construction permit, for a new facility or change in an existing 
facility is to be made on the following forms:
    (1) FCC Form 301, ``Application for Authority to Construct or Make 
Changes in an Existing Commercial Broadcast Station.''
    (2) FCC Form 309, ``Application for Authority to Construct or Make 
Changes in an Existing International or Experimental Broadcast 
Stations.'' For International Broadcast Stations, applications shall be 
filed electronically in the International Communications Filing System 
(ICFS).
    (3) [Reserved]
    (4) FCC Form 340, ``Application for Authority to Construct or Make 
Changes in a Noncommercial Educational Broadcast Station.''
    (5) FCC Form 346, ``Application for Authority to Construct or Make 
Changes in a Low Power TV, TV Translator or TV Booster Station.''
    (6) FCC Form 349, ``Application for Authority to Construct or Make 
Changes in an FM Translator or FM Booster Station.''
    (7) FCC Form 318, ``Application for Construction Permit for a Low 
Power FM Broadcast Station.''
    (b) The filing of an application for modification of construction 
permit does not extend the expiration date of the construction permit. 
Extension of the expiration date must be applied for on FCC Form 307, in 
accordance with the provisions of Sec. 73.3534.
    (c) In each application referred to in paragraph (a) of this 
section, the applicant will provide the Antenna Structure Registration 
Number (FCC Form 854R) of the antenna structure upon which it will 
locate its proposed antenna. In the event the antenna structure does not 
already have a Registration Number, either the antenna structure owner 
shall file FCC Form 854 (``Application for Antenna Structure 
Registration'') in accordance with part 17 of this chapter or the 
applicant shall provide a detailed explanation why registration and 
clearance of the antenna structure is not necessary.

[44 FR 38494, July 2, 1979, as amended at 47 FR 28388, June 30, 1982; 49 
FR 32582, Aug. 15, 1984; 50 FR 40016, Oct. 1, 1985; 53 FR 36788, Sept. 
22, 1988; 61 FR 4367, Feb. 6, 1996; 65 FR 7648, Feb. 15, 2000; 68 FR 
12761, Mar. 17, 2003; 69 FR 72043, Dec. 10, 2004; 86 FR 54401, Oct. 1, 
2021; 88 FR 21447, Apr. 10, 2023]



Sec. 73.3534  [Reserved]



Sec. 73.3536  Application for license to cover construction permit.

    (a) The application for station license shall be filed by the 
permittee pursuant to the requirements of Sec. 73.1620 Program tests.
    (b) The following application forms shall be used:
    (1)(i) Form 302-AM for AM stations, ``Application for New AM Station 
Broadcast License.''
    (ii) Form 302-FM for FM stations, ``Application for FM Station 
License.''
    (iii) Form 302-TV for television stations, ``Application for TV 
Station Broadcast License.''
    (2) FCC Form 310, ``Application for an International or Experimental 
Broadcast Station License.''
    (3) [Reserved]
    (4) FCC Form 347, ``Application for a Low Power TV, TV Translator or 
TV Booster Station License.''

[[Page 329]]

    (5) FCC Form 350, ``Application for an FM Translator or FM Booster 
Station License.''
    (6) FCC Form 319, ``Application for a Low Power FM Broadcast Station 
License.''
    (c) Eligible low power television stations which have been granted a 
certificate of eligibility may file FCC Form 302-CA, ``Application for 
Class A Television Broadcast Station Construction Permit Or License.''

[44 FR 38495, July 2, 1979, as amended at 49 FR 32582, Aug. 15, 1984; 50 
FR 40016, Oct. 1, 1985; 51 FR 18451, May 20, 1986; 51 FR 32088, Sept. 9, 
1986; 52 FR 31400, Aug. 20, 1987; 53 FR 36788, Sept. 22, 1988; 62 FR 
51063, Sept. 30, 1997; 65 FR 7648, Feb. 15, 2000; 65 FR 30007, May 10, 
2000; 68 FR 12761, Mar. 17, 2003; 69 FR 72043, Dec. 10, 2004]



Sec. 73.3537  Application for license to use former main antenna as an auxiliary.

    See Sec. 73.1675, Auxiliary facility.

[62 FR 51063, Sept. 30, 1997]



Sec. 73.3538  Application to make changes in an existing station.

    Where prior authority is required from the FCC to make changes in an 
existing station, the following procedures shall be used to request that 
authority:
    (a) An application for construction permit using the forms listed in 
Sec. 73.3533 must be filed for authority to:
    (1) Make any of the changes listed in Sec. 73.1690(b).
    (2) Change the hours of operation of an AM station, where the hours 
of operation are specified on the license or permit.
    (3) Install a transmitter which has not been approved (type 
accepted) by the FCC for use by licensed broadcast stations.
    (4) Any change in the location, height, or directional radiating 
characteristics of the antenna or antenna system.
    (b) An informal application filed in accordance with Sec. 73.3511 
is to be used to obtain authority to modify or discontinue the 
obstruction marking or lighting of the antenna supporting structure 
where that specified on the station authorization either differs from 
that specified in 47 CFR part 17, or is not appropriate for other 
reasons.

[44 FR 38495, July 2, 1979, as amended at 44 FR 69935, Dec. 5, 1979; 49 
FR 4000, Feb. 1, 1984; 52 FR 21685, June 9, 1987; 62 FR 51063, Sept. 30, 
1997; 66 FR 20758, Apr. 25, 2001; 82 FR 57884, Dec. 8, 2017]



Sec. 73.3539  Application for renewal of license.

    (a) Unless otherwise directed by the FCC, an application for renewal 
of license shall be filed not later than the first day of the fourth 
full calendar month prior to the expiration date of the license sought 
to be renewed, except that applications for renewal of license of an 
experimental broadcast station shall be filed not later than the first 
day of the second full calendar month prior to the expiration date of 
the license sought to be renewed. If any deadline prescribed in this 
paragraph falls on a nonbusiness day, the cutoff shall be the close of 
business of the first full business day thereafter. For International 
Broadcast Stations, applications shall be filed electronically in the 
International Communications Filing System (ICFS).
    (b) No application for renewal of license of any broadcast station 
will be considered unless there is on file with the FCC the information 
currently required by Sec. Sec. 73.3612 through 73.3615, inclusive, for 
the particular class of station.
    (c) Whenever the FCC regards an application for a renewal of license 
as essential to the proper conduct of a hearing or investigation, and 
specifically directs that it be filed by a date certain, such 
application shall be filed within the time thus specified. If the 
licensee fails to file such application within the prescribed time, the 
hearing or investigation shall proceed as if such renewal application 
had been received.
    (d) Renewal application forms titles and numbers are listed in Sec. 
73.3500, Application and Report Forms.

[44 FR 38495, July 2, 1979, as amended at 47 FR 28388, June 30, 1982; 49 
FR 32582, Aug. 15, 1984; 86 FR 54401, Oct. 1, 2021; 88 FR 3539, Apr. 10, 
2023]

[[Page 330]]



Sec. 73.3540  Application for voluntary assignment or transfer of control.

    (a) Prior consent of the FCC must be obtained for a voluntary 
assignment or transfer of control.
    (b) Application should be filed with the FCC at least 45 days prior 
to the contemplated effective date of assignment or transfer of control.
    (c) Application for consent to the assignment of construction permit 
or license must be filed on FCC Form 314 ``Assignment of license'' or 
FCC Form 316 ``Short form'' (See paragraph (f) of this section). For 
International Broadcast Stations, the application shall be filed 
electronically in the International Communications Filing System (ICFS).
    (d) Application for consent to the transfer of control of a 
corporation holding a construction permit or license must be filed on 
FCC Form 315 ``Transfer of Control'' or FCC Form 316 ``Short form'' (see 
paragraph (f) of this section). For International Broadcast Stations, 
applications shall be filed electronically in ICFS.
    (e) Application for consent to the assignment of construction permit 
or license or to the transfer of control of a corporate licensee or 
permittee for an FM or TV translator station, a low power TV station and 
any associated auxiliary station, such as translator microwave relay 
stations and UHF translator booster stations, only must be filed on FCC 
Form 345 ``Application for Transfer of Control of Corporate Licensee or 
Permittee, or Assignment of License or Permit for an FM or TV translator 
Station, or a Low Power TV Station.''
    (f) The following assignment or transfer applications may be filed 
on FCC ``Short form'' 316:
    (1) Assignment from an individual or individuals (including 
partnerships) to a corporation owned and controlled by such individuals 
or partnerships without any substantial change in their relative 
interests;
    (2) Assignment from a corporation to its individual stockholders 
without effecting any substantial change in the disposition of their 
interests;
    (3) Assignment or transfer by which certain stockholders retire and 
the interest transferred is not a controlling one;
    (4) Corporate reorganization which involves no substantial change in 
the beneficial ownership of the corporation;
    (5) Assignment or transfer from a corporation to a wholly owned 
subsidiary thereof or vice versa, or where there is an assignment from a 
corporation to a corporation owned or controlled by the assignor 
stockholders without substantial change in their interests; or
    (6) Assignment of less than a controlling interest in a partnership.

[44 FR 38496, July 2, 1979, as amended at 48 FR 21486, May 12, 1983; 49 
FR 47843, Dec. 7, 1984; 50 FR 32416, Aug. 12, 1985; 86 FR 54402, Oct. 1, 
2021; 88 FR 21448, Apr. 10, 2023]



Sec. 73.3541  Application for involuntary assignment of license or transfer of control.

    (a) The FCC shall be notified in writing promptly of the death or 
legal disability of an individual permittee or licensee, a member of a 
partnership, or a person directly or indirectly in control of a 
corporation which is a permittee or licensee.
    (b) Within 30 days after the occurrence of such death or legal 
disability, an application on FCC Form 316 shall be filed requesting 
consent to involuntary assignment of such permit or license or for 
involuntary transfer of control of such corporation to a person or 
entity legally qualified to succeed to the foregoing interests under the 
laws of the place having jurisdiction over the estate involved.

[44 FR 38496, July 2, 1979]



Sec. 73.3542  Application for emergency authorization.

    (a) Authority may be granted, on a temporary basis, in extraordinary 
circumstances requiring emergency operation to serve the public 
interest. such situations include: emergencies involving danger to life 
and property; a national emergency proclaimed by the President or the 
Congress of the U.S.A and; the continuance of any war in which the 
United States is engaged, and where such action is necessary for the 
national defense or security or otherwise in furtherance of the war 
effort.

[[Page 331]]

    (1) An informal application may be used. The FCC may grant such 
construction permits, station licenses, modifications or renewals 
thereof, without the filing of a formal application.
    (2) No authorization so granted shall continue to be effective 
beyond the period of the emergency or war requiring it.
    (3) Each individual request submitted under the provisions of this 
paragraph shall contain, as a minimum requirement, the following 
information:
    (i) Name and address of applicant.
    (ii) Location of proposed installation or operation.
    (iii) Official call letters of any valid station authorization 
already held by applicant and the station location.
    (iv) Type of service desired (not required for renewal or 
modification unless class of station is to be modified).
    (v) Frequency assignment, authorized transmitter power(s), 
authorized class(es) of emission desired (not required for renewal; 
required for modification only to the extent such information may be 
involved).
    (vi) Equipment to be used, specifying the manufacturer and type or 
model number (not required for renewal; required for modification only 
to the extent such information may be involved).
    (vii) Statements to the extent necessary for the FCC to determine 
whether or not the granting of the desired authorization will be in 
accordance with the citizenship eligibility requirements of section 310 
of the Cummunications Act.
    (viii) Statement of facts which, in the opinion of the applicant, 
constitute an emergency to be found by the FCC for the purpose of this 
section. This statement must also include the estimated duration of the 
emergency and if during an emergency or war declared by the President or 
Congress, why such action, without formal application, is necessary for 
the national defense or security or in furtherance of the war effort.
    (b) Emergency operating authority issued under this section may be 
cancelled or modified by the FCC without prior notice or right to 
hearing. See also Sec. 73.1250, Broadcasting Emergency Information, for 
situations in which emergency operation may be conducted without prior 
authorization, and Sec. 73.1635, Special Temporary Authorization (STA), 
for temporary operating authorizations necessitated by circumstances not 
within the ambit of this section.

[50 FR 30948, July 31, 1985, as amended at 63 FR 33878, June 22, 1998]



Sec. 73.3543  Application for renewal or modification of special service authorization.

    (a) No new special service authorization will be issued. However, 
consideration will be given to renewal or modification of a special 
service authorization which was outstanding on February 3, 1958, 
providing a satisfactory showing has been made in regard to the 
following, among others:
    (1) That the requested operation may not be granted on a regular 
basis under the existing rules governing the operation of AM stations;
    (2) That experimental operation is not involved as provided for by 
Sec. 73.1510 (Experimental authorizations); and
    (3) That public interest, convenience and necessity will be served 
by the authorization requested.

[44 FR 38496, July 2, 1979]



Sec. 73.3544  Application to obtain a modified station license.

    Where prior authority from the FCC is not required to make certain 
changes in the station authorization or facilities, but a modified 
station license must be obtained, the following procedures shall be used 
to obtain modification of the station license:
    (a) The changes specified in Sec. 73.1690(c) may be made by the 
filing of a license application using the forms listed in Sec. 
73.3536(b)(1).
    (b) An informal application, see Sec. 73.3511(b), may be filed with 
the FCC in Washington, DC, Attention: Audio Division (radio) or Video 
Services Division (television), Media Bureau, to cover the following 
changes:
    (1) A correction of the routing instructions and description of an 
AM station directional antenna system field monitoring point, when the 
point itself is not changed.

[[Page 332]]

    (2) A change in the type of AM station directional antenna monitor. 
See Sec. 73.69.
    (3) The location of a remote control point of an AM or FM station 
when prior authority to operate by remote control is not required.
    (c) A change in the name of the licensee where no change in 
ownership or control is involved may be accomplished by written 
notification by the licensee to the Commission.

[44 FR 38497, July 2, 1979, as amended at 45 FR 20483, Mar. 28, 1980; 50 
FR 32416, Aug. 12, 1985; 62 FR 51063, Sept. 30, 1997; 63 FR 33878, June 
22, 1998; 67 FR 13232, Mar. 21, 2002; 82 FR 57884, Dec. 8, 2017]



Sec. 73.3545  Application for permit to deliver programs to foreign stations.

    Application under section 325(c) of the Communications Act for 
authority to locate, use, or maintain a broadcast studio in connection 
with a foreign station consistently received in the United States, 
should be made on FCC Form 308, ``Application for Permit to Deliver 
Programs to Foreign Broadcast Stations.'' An informal application may be 
used by applicants holding an AM, FM or TV broadcast station license or 
construction permit. Informal applications must, however, contain a 
description of the nature and character of the programming proposed, 
together with other information requested on Page 4 of Form 308. All 
applications must be filed electronically in the International 
Communications Filing System (ICFS).

[86 FR 54402, Oct. 1, 2021, as amended at 88 FR 21448, Apr. 10, 2023]



Sec. 73.3549  Requests for extension of time to operate without required monitors, indicating instruments, and EAS encoders and decoders.

    Requests for extension of authority to operate without required 
monitors, transmission system indicating instruments, or encoders and 
decoders for monitoring and generating the EAS codes and Attention 
Signal should be made to the FCC in Washington, DC, Attention: Audio 
Division (radio) or Video Division (television), Media Bureau. Such 
requests must contain information as to when and what steps were taken 
to repair or replace the defective equipment and a brief description of 
the alternative procedures being used while the equipment is out of 
service.

[67 FR 13233, Mar. 21, 2002]



Sec. 73.3550  Requests for new or modified call sign assignments.

    (a) All requests for new or modified call sign assignments for radio 
and television broadcast stations shall be made via the FCC's on-line 
call sign reservation and authorization system accessible through the 
Internet's World Wide Web by specifying http://www.fcc.gov. Licensees 
and permittees may utilize this on-line system to determine the 
availability and licensing status of any call sign; to select an initial 
call sign for a new station; to change a station's currently assigned 
call sign; to modify an existing call sign by adding or deleting an ``-
FM'' or ``-TV'' suffix; to exchange call signs with another licensee or 
permittee in the same service; or to reserve a different call sign for a 
station being transferred or assigned.
    (b) No request for an initial call sign assignment will be accepted 
from a permittee for a new radio or full-service television station 
until the FCC has granted a construction permit. Each such permittee 
shall request the assignment of its station's initial call sign 
expeditiously following the grant of its construction permit. All 
initial construction permits for low power TV stations will be issued 
with a five-character low power TV call sign, in accordance with Sec. 
74.783(d) of this chapter.
    (c) Following the filing of a transfer or assignment application, 
the proposed assignee/transferee may request a new call sign for the 
station whose license or construction permit is being transferred or 
assigned. No change in call sign assignment will be effective until such 
transfer or assignment application is granted by the FCC and 
notification of consummation of the transaction is received by the FCC.
    (d) Where an application is granted by the FCC for transfer or 
assignment of the construction permit or license of a station whose 
existing call sign conforms to that of a commonly-owned station not part 
of the transaction, the

[[Page 333]]

new licensee of the transferred or assigned station shall expeditiously 
request a different call sign, unless consent to retain the conforming 
call sign has been obtained from the primary holder and from the 
licensee of any other station that may be using such conforming call 
sign.
    (e) Call signs beginning with the letter ``K'' will not be assigned 
to stations located east of the Mississippi River, nor will call signs 
beginning with the letter ``W'' be assigned to stations located west of 
the Mississippi River.
    (f) Only four-letter call signs (plus an LP, FM, TV or CA suffix, if 
used) will be assigned. The four letter call sign for LPFM stations will 
be followed by the suffix ``-LP.'' However, subject to the other 
provisions of this section, a call sign of a station may be conformed to 
a commonly owned station holding a three-letter call assignment (plus 
FM, TV, CA or LP suffixes, if used).
    (g) Subject to the foregoing limitations, applicants may request 
call signs of their choice if the combination is available. Objections 
to the assignment of requested call signs will not be entertained at the 
FCC. However, this does not hamper any party from asserting such rights 
as it may have under private law in some other forum. Should it be 
determined by an appropriate forum that a station should not utilize a 
particular call sign, the initial assignment of a call sign will not 
serve as a bar to the making of a different assignment.
    (h) Stations in different broadcast services (or operating jointly 
in the 535-1605 kHz band and in the 1605-1705 kHz band) which are under 
common control may request that their call signs be conformed by the 
assignment of the same basic call sign if that call sign is not being 
used by a non-commonly owned station. For the purposes of this 
paragraph, 50% or greater common ownership shall constitute a prima 
facie showing of common control.
    (i) The provisions of this section shall not apply to International 
broadcast stations or to stations authorized under part 74 of this 
chapter (except as provided in Sec. 74.783).
    (j) A change in call sign assignment will be made effective on the 
date specified in the postcard acknowledging the assignment of the 
requested new call sign and authorizing the change. Unless the requested 
change in call sign assignment is subject to a pending transfer or 
assignment application, the requester is required to include in its on-
line call sign request a specific effective date to take place within 45 
days of the submission of its electronic call sign request. Postponement 
of the effective date will be granted only in response to a timely 
request and for only the most compelling reasons.
    (k) Four-letter combinations commencing with ``W'' or ``K'' which 
are assigned as call signs to ships or to other radio services are not 
available for assignment to broadcast stations, with or without the ``-
FM'' or ``-TV'' suffix.
    (l) Users of nonlicensed, low-power devices operating under part 15 
of this chapter may use whatever identification is currently desired, so 
long as propriety is observed and no confusion results with a station 
for which the FCC issues a license.
    (m) Where a requested call sign, without the ``-FM,' ``-TV,'' ``-
CA'' or ``LP'' suffix, would conform to the call sign of any other non-
commonly owned station(s) operating in a different service, an applicant 
utilizing the on-line reservation and authorization system will be 
required to certify that consent to use the secondary call sign has been 
obtained from the holder of the primary call sign.

[63 FR 71603, Dec. 29, 1998, as amended at 65 FR 30007, May 10, 2000]



Sec. 73.3555  Multiple ownership.

    (a)(1) Local radio ownership rule. A person or single entity (or 
entities under common control) may have a cognizable interest in 
licenses for AM or FM radio broadcast stations in accordance with the 
following limits:
    (i) In a radio market with 45 or more full-power, commercial and 
noncommercial radio stations, not more than 8 commercial radio stations 
in total and not more than 5 commercial stations in the same service (AM 
or FM);
    (ii) In a radio market with between 30 and 44 (inclusive) full-
power, commercial and noncommercial radio stations,

[[Page 334]]

not more than 7 commercial radio stations in total and not more than 4 
commercial stations in the same service (AM or FM);
    (iii) In a radio market with between 15 and 29 (inclusive) full-
power, commercial and noncommercial radio stations, not more than 6 
commercial radio stations in total and not more than 4 commercial 
stations in the same service (AM or FM); and
    (iv) In a radio market with 14 or fewer full-power, commercial and 
noncommercial radio stations, not more than 5 commercial radio stations 
in total and not more than 3 commercial stations in the same service (AM 
or FM); provided, however, that no person or single entity (or entities 
under common control) may have a cognizable interest in more than 50% of 
the full-power, commercial and noncommercial radio stations in such 
market unless the combination of stations comprises not more than one AM 
and one FM station.
    (2) Overlap between two stations in different services is 
permissible if neither of those two stations overlaps a third station in 
the same service.
    (b) Local television multiple ownership rule. (1) An entity may 
directly or indirectly own, operate, or control two television stations 
licensed in the same Designated Market Area (DMA) (as determined by 
Nielsen Media Research or any successor entity) if:
    (i) The digital noise limited service contours of the stations 
(computed in accordance with Sec. 73.622(e)) do not overlap; or
    (ii) At the time the application to acquire or construct the 
station(s) is filed, at least one of the stations is not ranked among 
the top four stations in the DMA, based on the most recent all-day (9 
a.m.-midnight) audience share, as measured by Nielsen Media Research or 
by any comparable professional, accepted audience ratings service.
    (2) Paragraph (b)(1)(ii) (Top-Four Prohibition) of this section 
shall not apply in cases where, at the request of the applicant, the 
Commission makes a finding that permitting an entity to directly or 
indirectly own, operate, or control two television stations licensed in 
the same DMA would serve the public interest, convenience, and 
necessity. The Commission will consider showings that the Top-Four 
Prohibition should not apply due to specific circumstances in a local 
market or with respect to a specific transaction on a case-by-case 
basis.
    (c)-(d) [Reserved]
    (e) National television multiple ownership rule. (1) No license for 
a commercial television broadcast station shall be granted, transferred 
or assigned to any party (including all parties under common control) if 
the grant, transfer or assignment of such license would result in such 
party or any of its stockholders, partners, members, officers or 
directors having a cognizable interest in television stations which have 
an aggregate national audience reach exceeding thirty-nine (39) percent.
    (2) For purposes of this paragraph (e):
    (i) National audience reach means the total number of television 
households in the Nielsen Designated Market Areas (DMAs) in which the 
relevant stations are located divided by the total national television 
households as measured by DMA data at the time of a grant, transfer, or 
assignment of a license. For purposes of making this calculation, UHF 
television stations shall be attributed with 50 percent of the 
television households in their DMA market.
    (ii) No market shall be counted more than once in making this 
calculation.
    (3) Divestiture. A person or entity that exceeds the thirty-nine 
(39) percent national audience reach limitation for television stations 
in paragraph (e)(1) of this section through grant, transfer, or 
assignment of an additional license for a commercial television 
broadcast station shall have not more than 2 years after exceeding such 
limitation to come into compliance with such limitation. This 
divestiture requirement shall not apply to persons or entities that 
exceed the 39 percent national audience reach limitation through 
population growth.
    (f) The ownership limits of this section are not applicable to 
noncommercial educational FM and noncommercial educational TV stations. 
However, the attribution standards set forth in the Notes to this 
section will be used to determine attribution for noncommercial 
educational FM and TV

[[Page 335]]

applicants, such as in evaluating mutually exclusive applications 
pursuant to subpart K of part 73.

    Note 1 to Sec. 73.3555: The words ``cognizable interest'' as used 
herein include any interest, direct or indirect, that allows a person or 
entity to own, operate or control, or that otherwise provides an 
attributable interest in, a broadcast station.
    Note 2 to Sec. 73.3555: In applying the provisions of this section, 
ownership and other interests in broadcast licensees will be attributed 
to their holders and deemed cognizable pursuant to the following 
criteria:
    a. Except as otherwise provided herein, partnership and direct 
ownership interests and any voting stock interest amounting to 5% or 
more of the outstanding voting stock of a corporate broadcast licensee 
will be cognizable;
    b. Investment companies, as defined in 15 U.S.C. 80a-3, insurance 
companies and banks holding stock through their trust departments in 
trust accounts will be considered to have a cognizable interest only if 
they hold 20% or more of the outstanding voting stock of a corporate 
broadcast licensee, or if any of the officers or directors of the 
broadcast licensee are representatives of the investment company, 
insurance company or bank concerned. Holdings by a bank or insurance 
company will be aggregated if the bank or insurance company has any 
right to determine how the stock will be voted. Holdings by investment 
companies will be aggregated if under common management.
    c. Attribution of ownership interests in a broadcast licensee that 
are held indirectly by any party through one or more intervening 
corporations will be determined by successive multiplication of the 
ownership percentages for each link in the vertical ownership chain and 
application of the relevant attribution benchmark to the resulting 
product, except that wherever the ownership percentage for any link in 
the chain exceeds 50%, it shall not be included for purposes of this 
multiplication. For purposes of paragraph i. of this note, attribution 
of ownership interests in a broadcast licensee that are held indirectly 
by any party through one or more intervening organizations will be 
determined by successive multiplication of the ownership percentages for 
each link in the vertical ownership chain and application of the 
relevant attribution benchmark to the resulting product, and the 
ownership percentage for any link in the chain that exceeds 50% shall be 
included for purposes of this multiplication. [For example, except for 
purposes of paragraph (i) of this note, if A owns 10% of company X, 
which owns 60% of company Y, which owns 25% of ``Licensee,'' then X's 
interest in ``Licensee'' would be 25% (the same as Y's interest because 
X's interest in Y exceeds 50%), and A's interest in ``Licensee'' would 
be 2.5% (0.1 x 0.25). Under the 5% attribution benchmark, X's interest 
in ``Licensee'' would be cognizable, while A's interest would not be 
cognizable. For purposes of paragraph i. of this note, X's interest in 
``Licensee'' would be 15% (0.6 x 0.25) and A's interest in ``Licensee'' 
would be 1.5% (0.1 x 0.6 x 0.25). Neither interest would be attributed 
under paragraph i. of this note.]
    d. Voting stock interests held in trust shall be attributed to any 
person who holds or shares the power to vote such stock, to any person 
who has the sole power to sell such stock, and to any person who has the 
right to revoke the trust at will or to replace the trustee at will. If 
the trustee has a familial, personal or extra-trust business 
relationship to the grantor or the beneficiary, the grantor or 
beneficiary, as appropriate, will be attributed with the stock interests 
held in trust. An otherwise qualified trust will be ineffective to 
insulate the grantor or beneficiary from attribution with the trust's 
assets unless all voting stock interests held by the grantor or 
beneficiary in the relevant broadcast licensee are subject to said 
trust.
    e. Subject to paragraph i. of this note, holders of non-voting stock 
shall not be attributed an interest in the issuing entity. Subject to 
paragraph i. of this note, holders of debt and instruments such as 
warrants, convertible debentures, options or other non-voting interests 
with rights of conversion to voting interests shall not be attributed 
unless and until conversion is effected.
    f. 1. A limited partnership interest shall be attributed to a 
limited partner unless that partner is not materially involved, directly 
or indirectly, in the management or operation of the

[[Page 336]]

media-related activities of the partnership and the licensee or system 
so certifies. An interest in a Limited Liability Company (``LLC'') or 
Registered Limited Liability Partnership (``RLLP'') shall be attributed 
to the interest holder unless that interest holder is not materially 
involved, directly or indirectly, in the management or operation of the 
media-related activities of the partnership and the licensee or system 
so certifies.
    2. For a licensee or system that is a limited partnership to make 
the certification set forth in paragraph f. 1. of this note, it must 
verify that the partnership agreement or certificate of limited 
partnership, with respect to the particular limited partner exempt from 
attribution, establishes that the exempt limited partner has no material 
involvement, directly or indirectly, in the management or operation of 
the media activities of the partnership. For a licensee or system that 
is an LLC or RLLP to make the certification set forth in paragraph f. 1. 
of this note, it must verify that the organizational document, with 
respect to the particular interest holder exempt from attribution, 
establishes that the exempt interest holder has no material involvement, 
directly or indirectly, in the management or operation of the media 
activities of the LLC or RLLP. The criteria which would assume adequate 
insulation for purposes of this certification are described in the 
Memorandum Opinion and Order in MM Docket No. 83-46, FCC 85-252 
(released June 24, 1985), as modified on reconsideration in the 
Memorandum Opinion and Order in MM Docket No. 83-46, FCC 86-410 
(released November 28, 1986). Irrespective of the terms of the 
certificate of limited partnership or partnership agreement, or other 
organizational document in the case of an LLC or RLLP, however, no such 
certification shall be made if the individual or entity making the 
certification has actual knowledge of any material involvement of the 
limited partners, or other interest holders in the case of an LLC or 
RLLP, in the management or operation of the media-related businesses of 
the partnership or LLC or RLLP.
    3. In the case of an LLC or RLLP, the licensee or system seeking 
insulation shall certify, in addition, that the relevant state statute 
authorizing LLCs permits an LLC member to insulate itself as required by 
our criteria.
    g. Officers and directors of a broadcast licensee are considered to 
have a cognizable interest in the entity with which they are so 
associated. If any such entity engages in businesses in addition to its 
primary business of broadcasting, it may request the Commission to waive 
attribution for any officer or director whose duties and 
responsibilities are wholly unrelated to its primary business. The 
officers and directors of a parent company of a broadcast licensee, with 
an attributable interest in any such subsidiary entity, shall be deemed 
to have a cognizable interest in the subsidiary unless the duties and 
responsibilities of the officer or director involved are wholly 
unrelated to the broadcast licensee, and a statement properly 
documenting this fact is submitted to the Commission. [This statement 
may be included on the appropriate Ownership Report.] The officers and 
directors of a sister corporation of a broadcast licensee shall not be 
attributed with ownership of that licensee by virtue of such status.
    h. Discrete ownership interests will be aggregated in determining 
whether or not an interest is cognizable under this section. An 
individual or entity will be deemed to have a cognizable investment if:
    1. The sum of the interests held by or through ``passive investors'' 
is equal to or exceeds 20 percent; or
    2. The sum of the interests other than those held by or through 
``passive investors'' is equal to or exceeds 5 percent; or
    3. The sum of the interests computed under paragraph h. 1. of this 
note plus the sum of the interests computed under paragraph h. 2. of 
this note is equal to or exceeds 20 percent.
    i.1. Notwithstanding paragraphs e. and f. of this Note, the holder 
of an equity or debt interest or interests in a broadcast licensee 
subject to the broadcast multiple ownership rules (``interest holder'') 
shall have that interest attributed if:

[[Page 337]]

    A. The equity (including all stockholdings, whether voting or 
nonvoting, common or preferred) and debt interest or interests, in the 
aggregate, exceed 33 percent of the total asset value, defined as the 
aggregate of all equity plus all debt, of that broadcast licensee; and
    B.(i) The interest holder also holds an interest in a broadcast 
licensee in the same market that is subject to the broadcast multiple 
ownership rules and is attributable under paragraphs of this note other 
than this paragraph i.; or
    (ii) The interest holder supplies over fifteen percent of the total 
weekly broadcast programming hours of the station in which the interest 
is held. For purposes of applying this paragraph, the term, ``market,'' 
will be defined as it is defined under the specific multiple ownership 
rule that is being applied, except that for television stations, the 
term ``market'' will be defined by reference to the definition contained 
in the local television multiple ownership rule contained in paragraph 
(b) of this section.
    2. Notwithstanding paragraph i.1. of this Note, the interest holder 
may exceed the 33 percent threshold therein without triggering 
attribution where holding such interest would enable an eligible entity 
to acquire a broadcast station, provided that:
    i. The combined equity and debt of the interest holder in the 
eligible entity is less than 50 percent, or
    ii. The total debt of the interest holder in the eligible entity 
does not exceed 80 percent of the asset value of the station being 
acquired by the eligible entity and the interest holder does not hold 
any equity interest, option, or promise to acquire an equity interest in 
the eligible entity or any related entity. For purposes of this 
paragraph i.2, an ``eligible entity'' shall include any entity that 
qualifies as a small business under the Small Business Administration's 
size standards for its industry grouping, as set forth in 13 CFR 
121.201, at the time the transaction is approved by the FCC, and holds:
    A. 30 percent or more of the stock or partnership interests and more 
than 50 percent of the voting power of the corporation or partnership 
that will own the media outlet; or
    B. 15 percent or more of the stock or partnership interests and more 
than 50 percent of the voting power of the corporation or partnership 
that will own the media outlet, provided that no other person or entity 
owns or controls more than 25 percent of the outstanding stock or 
partnership interests; or
    C. More than 50 percent of the voting power of the corporation that 
will own the media outlet if such corporation is a publicly traded 
company.
    j. ``Time brokerage'' (also known as ``local marketing'') is the 
sale by a licensee of discrete blocks of time to a ``broker'' that 
supplies the programming to fill that time and sells the commercial spot 
announcements in it.
    1. Where two radio stations are both located in the same market, as 
defined for purposes of the local radio ownership rule contained in 
paragraph (a) of this section, and a party (including all parties under 
common control) with a cognizable interest in one such station brokers 
more than 15 percent of the broadcast time per week of the other such 
station, that party shall be treated as if it has an interest in the 
brokered station subject to the limitations set forth in paragraph (a) 
of this section. This limitation shall apply regardless of the source of 
the brokered programming supplied by the party to the brokered station.
    2. Where two television stations are both located in the same 
market, as defined in the local television ownership rule contained in 
paragraph (b) of this section, and a party (including all parties under 
common control) with a cognizable interest in one such station brokers 
more than 15 percent of the broadcast time per week of the other such 
station, that party shall be treated as if it has an interest in the 
brokered station subject to the limitations set forth in paragraphs (b) 
and (e) of this section. This limitation shall apply regardless of the 
source of the brokered programming supplied by the party to the brokered 
station.
    3. Every time brokerage agreement of the type described in this Note 
shall be undertaken only pursuant to a signed written agreement that 
shall contain a certification by the licensee or permittee of the 
brokered station

[[Page 338]]

verifying that it maintains ultimate control over the station's 
facilities including, specifically, control over station finances, 
personnel and programming, and by the brokering station that the 
agreement complies with the provisions of paragraph (b) of this section 
if the brokering station is a television station or with paragraph (a) 
of this section if the brokering station is a radio station.
    k. ``Joint Sales Agreement'' is an agreement with a licensee of a 
``brokered station'' that authorizes a ``broker'' to sell advertising 
time for the ``brokered station.''
    1. Where two radio stations are both located in the same market, as 
defined for purposes of the local radio ownership rule contained in 
paragraph (a) of this section, and a party (including all parties under 
common control) with a cognizable interest in one such station sells 
more than 15 percent of the advertising time per week of the other such 
station, that party shall be treated as if it has an interest in the 
brokered station subject to the limitations set forth in paragraph (a) 
of this section.
    2. Every joint sales agreement of the type described in this Note 
shall be undertaken only pursuant to a signed written agreement that 
shall contain a certification by the licensee or permittee of the 
brokered station verifying that it maintains ultimate control over the 
station's facilities, including, specifically, control over station 
finances, personnel and programming, and by the brokering station that 
the agreement complies with the limitations set forth in paragraph (a) 
of this section if the brokering station is a radio station.
    Note 3 to Sec. 73.3555: In cases where record and beneficial 
ownership of voting stock is not identical (e.g., bank nominees holding 
stock as record owners for the benefit of mutual funds, brokerage houses 
holding stock in street names for the benefit of customers, investment 
advisors holding stock in their own names for the benefit of clients, 
and insurance companies holding stock), the party having the right to 
determine how the stock will be voted will be considered to own it for 
purposes of these rules.
    Note 4 to Sec. 73.3555: Paragraphs (a) and (b) of this section will 
not be applied so as to require divestiture, by any licensee, of 
existing facilities, and will not apply to applications for assignment 
of license or transfer of control filed in accordance with Sec. 
73.3540(f) or Sec. 73.3541(b), or to applications for assignment of 
license or transfer of control to heirs or legatees by will or 
intestacy, or to FM or AM broadcast minor modification applications for 
intra-market community of license changes, if no new or increased 
concentration of ownership would be created among commonly owned, 
operated or controlled broadcast stations. Paragraphs (a) and (b) of 
this section will apply to all applications for new stations, to all 
other applications for assignment or transfer, to all applications for 
major changes to existing stations, and to all other applications for 
minor changes to existing stations that seek a change in an FM or AM 
radio station's community of license or create new or increased 
concentration of ownership among commonly owned, operated or controlled 
broadcast stations. Commonly owned, operated or controlled broadcast 
stations that do not comply with paragraphs (a) and (b) of this section 
may not be assigned or transferred to a single person, group or entity, 
except as provided in this Note, the Report and Order in Docket No. 02-
277, released July 2, 2003 (FCC 02-127), or the Second Report and Order 
in MB Docket No. 14-50, FCC 16-107 (released August 25, 2016).
    Note 5 to Sec. 73.3555: Paragraphs (b) and (e) of this section will 
not be applied to cases involving television stations that are 
``satellite'' operations. Such cases will be considered in accordance 
with the analysis set forth in the Report and Order in MM Docket No. 87-
8, FCC 91-182 (released July 8, 1991), as further explained by the 
Report and Order in MB Docket No. 18-63, FCC 19-17, (released March 12, 
2019), in order to determine whether common ownership, operation, or 
control of the stations in question would be in the public interest. An 
authorized and operating ``satellite'' television station, the digital 
noise limited service contour of which overlaps that of a commonly 
owned, operated, or controlled ``non-satellite'' parent television 
broadcast station may subsequently become a ``non-satellite'' station 
under the circumstances described in the aforementioned Report and Order 
in MM Docket No. 87-8. However, such commonly owned, operated, or 
controlled ``non-satellite'' television stations may not be transferred 
or assigned to a single person, group, or entity except as provided in 
Note 4 of this section.
    Note 6 to Sec. 73.3555: Requests submitted pursuant to paragraph 
(b)(2) of this section will be considered in accordance with the 
analysis set forth in the Order on Reconsideration in MB Docket Nos. 14-
50, et al. (FCC 17-156).
    Note 7 to Sec. 73.3555: The Commission will entertain applications 
to waive the restrictions in paragraph (b) of this section (the local 
television ownership rule) on a case-by-case basis. In each case, we 
will require a

[[Page 339]]

showing that the in-market buyer is the only entity ready, willing, and 
able to operate the station, that sale to an out-of-market applicant 
would result in an artificially depressed price, and that the waiver 
applicant does not already directly or indirectly own, operate, or 
control interest in two television stations within the relevant DMA. One 
way to satisfy these criteria would be to provide an affidavit from an 
independent broker affirming that active and serious efforts have been 
made to sell the permit, and that no reasonable offer from an entity 
outside the market has been received.
    Note 8 to Sec. 73.3555: Paragraph (a)(1) of this section will not 
apply to an application for an AM station license in the 535-1605 kHz 
band where grant of such application will result in the overlap of 5 mV/
m groundwave contours of the proposed station and that of another AM 
station in the 535-1605 kHz band that is commonly owned, operated or 
controlled if the applicant shows that a significant reduction in 
interference to adjacent or co-channel stations would accompany such 
common ownership. Such AM overlap cases will be considered on a case-by-
case basis to determine whether common ownership, operation or control 
of the stations in question would be in the public interest. Applicants 
in such cases must submit a contingent application of the major or minor 
facilities change needed to achieve the interference reduction along 
with the application which seeks to create the 5 mV/m overlap situation.
    Note 9 to Sec. 73.3555: Paragraph (a)(1) of this section will not 
apply to an application for an AM station license in the 1605-1705 kHz 
band where grant of such application will result in the overlap of the 5 
mV/m groundwave contours of the proposed station and that of another AM 
station in the 535-1605 kHz band that is commonly owned, operated or 
controlled.
    Note 10 to Sec. 73.3555: Authority for joint ownership granted 
pursuant to Note 9 will expire at 3 a.m. local time on the fifth 
anniversary for the date of issuance of a construction permit for an AM 
radio station in the 1605-1705 kHz band.
    Note 11 to Sec. 73.3555: An entity will not be permitted to 
directly or indirectly own, operate, or control two television stations 
in the same DMA through the execution of any agreement (or series of 
agreements) involving stations in the same DMA, or any individual or 
entity with a cognizable interest in such stations, in which a station 
(the ``new affiliate'') acquires the network affiliation of another 
station (the ``previous affiliate''), if the change in network 
affiliations would result in the licensee of the new affiliate, or any 
individual or entity with a cognizable interest in the new affiliate, 
directly or indirectly owning, operating, or controlling two of the top-
four rated television stations in the DMA at the time of the agreement. 
Parties should also refer to the Second Report and Order in MB Docket 
No. 14-50, FCC 16-107 (released August 25, 2016).

[73 FR 9487, Feb. 21, 2008, as amended at 73 FR 28369, May 16, 2008; 75 
FR 27199, May 14, 2010; 79 FR 29006, May 20, 2014; 81 FR 73041, Oct. 24, 
2016; 81 FR 76262, Nov. 1, 2016; 82 FR 21127, May 5, 2017; 83 FR 755, 
Jan. 8, 2018; 84 FR 15128, Apr. 15, 2019; 85 FR 5164, Jan. 29, 2020; 86 
FR 34628, June 30, 2021]



Sec. 73.3561  Staff consideration of applications requiring Commission action.

    Upon acceptance of an application, the complete file is reviewed by 
the staff and, except where the application is acted upon by the staff 
pursuant to delegation of authority, a report containing the 
recommendations of the staff and any other documents required is 
prepared and placed on the Commission's agenda.

[44 FR 38499, July 2, 1979]



Sec. 73.3562  Staff consideration of applications not requiring action by the Commission.

    Those applications which do not require action by the Commission but 
which, pursuant to the delegations of authority set forth in subpart B 
of part 0 of this chapter, may be acted upon by the Chief, Media Bureau, 
are forwarded to the Media Bureau for necessary action. If the 
application is granted, the formal authorization is issued. In any case 
where it is recommended that the application be set for hearing, where a 
novel question of policy is presented, or where the Chief, Media Bureau 
desires instructions from the Commission, the matter is placed on the 
Commission agenda.

[67 FR 13233, Mar. 21, 2002]



Sec. 73.3564  Acceptance of applications.

    (a)(1) Applications tendered for filing are dated upon receipt and 
then forwarded to the Media Bureau, where an administrative examination 
is made to ascertain whether the applications are complete. Except for 
applications for minor modifications of facilities in the non-reserved 
FM band, as defined in Sec. 73.3573(a)(2), long form applications 
subject to the provisions of Sec. 73.5005 found to be complete or 
substantially

[[Page 340]]

complete are accepted for filing and are given file numbers. In the case 
of minor defects as to completeness, a deficiency letter will be issued 
and the applicant will be required to supply the missing or corrective 
information. Applications that are not substantially complete will not 
be considered and will be returned to the applicant.
    (2) In the case of minor modifications of facilities in the non-
reserved FM band, applications will be placed on public notice if they 
meet the following two-tiered minimum filing requirements as initially 
filed in first-come/first-serve proceedings:
    (i) The application must include:
    (A) Applicant's name and address,
    (B) Applicant's signature,
    (C) Principal community,
    (D) Channel or frequency,
    (E) Class of station, and
    (F) Transmitter site coordinates; and
    (ii) The application must not omit more than three of the following 
second-tier items:
    (A) A list of the other media interests of the applicant and its 
principals,
    (B) Certification of compliance with the alien ownership provisions 
contained in 47 U.S.C. 310(b),
    (C) Tower/antenna heights,
    (D) Effective radiated power,
    (E) Whether the antenna is directional or omnidirectional, and
    (F) An exhibit demonstrating compliance with the contour protection 
requirements of 47 CFR 73.215, if applicable.
    (3) Applications found not to meet minimum filing requirements will 
be returned to the applicant. Applications found to meet minimum filing 
requirements, but that contain deficiencies in tender and/or acceptance 
information, shall be given an opportunity for corrective amendment 
pursuant to 73.3522 of this part. Applications found to be substantially 
complete and in accordance with the Commission's core legal and 
technical requirements will be accepted for filing. Applications with 
uncorrected tender and/or acceptance defects remaining after the 
opportunity for corrective amendment will be dismissed with no further 
opportunity for amendment.
    (b) Acceptance of an application for filing merely means that it has 
been the subject of a preliminary review by the FCC's administrative 
staff as to completeness. Such acceptance will not preclude the 
subsequent dismissal of the application if it is found to be patently 
not in accordance with the FCC's rules.
    (c) At regular intervals, the FCC will issue a Public Notice listing 
all long form applications which have been accepted for filing. Pursuant 
to Sec. Sec. 73.3571(h), 73.3572, and 73.3573(f), such notice shall 
establish a cut-off date for the filing of petitions to deny. With 
respect to reserved band FM applications, the Public Notice shall also 
establish a cut-off date for the filing of mutually exclusive 
applications pursuant to Sec. 73.3573(e). However, no application will 
be accepted for filing unless certification of compliance with the local 
notice requirements of Sec. 73.3580(h) has been made in the tendered 
application.
    (d) The FCC will specify by Public Notice, pursuant to Sec. 
73.5002, a period for filing applications for new stations or for major 
modifications in the facilities of an existing station. Except for 
reserved band FM stations and TV stations on reserved noncommercial 
educational channels, applications for new and major modifications in 
facilities will be accepted only during these window filing periods 
specified by the Commission.
    (e) Applications for minor modification of facilities may be 
tendered at any time, unless restricted by the FCC. These applications 
will be processed on a ``first come/first served'' basis and will be 
treated as simultaneously tendered if filed on the same day. Any 
applications received after the filing of a lead application will be 
grouped according to filing date, and placed in a queue behind the lead 
applicant. The FCC will periodically release a Public Notice listing 
those minor modification of facilities applications accepted for filing.
    (f) If a non-reserved band FM channel allotment becomes vacant, 
after the grant of a construction permit becomes final, because of a 
lapsed construction permit or for any other reason, the FCC will, by 
Public Notice, announce a

[[Page 341]]

subsequent filing window for the acceptance of new applications for such 
channels.
    (g) Applications for operation in the 1605-1705 kHz band will be 
accepted only if filed pursuant to the terms of Sec. 73.30(b).

[63 FR 48624, Sept. 11, 1998, as amended at 64 FR 56978, Oct. 22, 1999; 
67 FR 13233, Mar. 21, 2002]



Sec. 73.3566  Defective applications.

    (a) Applications which are determined to be patently not in 
accordance with the FCC rules, regulations, or other requirements, 
unless accompanied by an appropriate request for waiver, will be 
considered defective and will not be accepted for filing or if 
inadvertently accepted for filing will be dismissed. Requests for waiver 
shall show the nature of the waiver or exception desired and shall set 
forth the reasons in support thereof.
    (b) If an applicant is requested by the FCC to file any additional 
documents or information not included in the prescribed application 
form, a failure to comply with such request will be deemed to render the 
application defective, and such application will be dismissed.

[44 FR 38499, July 2, 1979]



Sec. 73.3568  Dismissal of applications.

    (a) (1) Failure to prosecute an application, or failure to respond 
to official correspondence or request for additional information, will 
be cause for dismissal.
    (2) Applicants in all broadcast services subject to competitive 
bidding will be subject to the provisions of Sec. Sec. 73.5002 and 
1.2105(b) regarding the dismissal of their short-form applications.
    (3) Applicants in all broadcast services subject to competitive 
bidding will be subject to the provisions of Sec. Sec. 73.5004, 73.5005 
and 1.2104(g) regarding the dismissal of their long-form applications 
and the imposition of applicable withdrawal, default and 
disqualification payments.
    (b)(1) Subject to the provisions of Sec. 73.3525, dismissal of 
applications for channels reserved for noncommercial educational use 
will be without prejudice where an application has not yet been 
designated for hearing, but may be made with prejudice after designation 
for hearing.
    (2) Subject to the provisions of Sec. 73.3525, requests to dismiss 
an application for a channel reserved for noncommercial educational use, 
without prejudice, after it has been designated for hearing, will be 
considered only upon written petition properly served upon all parties 
of record. Such requests shall be granted only upon a showing that the 
request is based on circumstances wholly beyond the applicant's control 
which preclude further prosecution of his application.
    (c) Subject to the provisions of Sec. Sec. 73.3523 and 73.3525, any 
application for minor modification of facilities may, upon request of 
the applicant, be dismissed without prejudice as a matter of right.
    (d) An applicant's request for the return of an application that has 
been accepted for filing will be regarded as a request for dismissal.

[63 FR 48624, Sept. 11, 1998]



Sec. 73.3571  Processing of AM broadcast station applications.

    (a) Applications for AM broadcast facilities are divided into three 
groups.
    (1) In the first group are applications for new stations or for 
major changes in the facilities of authorized stations. A major change 
for an AM station authorized under this part is any change in frequency, 
except frequency changes to non-expanded band first, second or third 
adjacent channels. A major change in ownership is 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. A major 
change in community of license is one in which the applicant's daytime 
facilities at the proposed community are not mutually exclusive, as 
defined in Sec. 73.37, with the applicant's current daytime facilities, 
or any change in community of license of an AM station in the 1605-1705 
kHz band. All other changes will be considered minor.
    (2) The second group consists of applications for licenses and all 
other changes in the facilities of authorized stations.

[[Page 342]]

    (3) The third group consists of applications for operation in the 
1605-1705 kHz band which are filed subsequent to FCC notification that 
allotments have been awarded to petitioners under the procedure 
specified in Sec. 73.30.
    (b)(1) The FCC may, after acceptance of an application for 
modification of facilities, advise the applicant that such application 
is considered to be one for a major change and therefore is subject to 
the provisions of Sec. Sec. 73.3522, 73.3580 and 1.1111 of this chapter 
pertaining to major changes. Such major modification applications will 
be dismissed as set forth in paragraph (h)(1)(i) of this section.
    (2) An amendment to an application which would effect a major 
change, as defined in paragraph (a)(1) of this section, will not be 
accepted except as provided for in paragraph (h)(1)(i) of this section.
    (c) An application for changes in the facilities of an 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 said licensee or permittee has taken place if, upon 
consummation, the application is amended to reflect the new ownership.
    (d) If, upon examination, the FCC finds that the public interest, 
convenience and necessity will be served by the granting of an 
application, the same will be granted. If the FCC is unable to make such 
a finding and it appears that a hearing may be required, the procedure 
set forth in Sec. 73.3593 will be followed.
    (e) Applications proposing to increase the power of an AM station 
are subject to the following requirements:
    (1) In order to be acceptable for filing, any application which does 
not involve a change in site must propose at least a 20% increase in the 
station's nominal power.
    (2) Applications involving a change in site are not subject to the 
requirements in paragraph (e)(1) of this section.
    (3) Applications for nighttime power increases for Class D stations 
are not subject to the requirements of this section and will be 
processed as minor changes.
    (4) The following special procedures will be followed in authorizing 
Class II-D daytime-only stations on 940 and 1550 kHz, and Class III 
daytime-only stations on the 41 regional channels listed in Sec. 
73.26(a), to operate unlimited-time.
    (i) Each eligible daytime-only station in the foregoing categories 
will receive an Order to Show Cause why its license should not be 
modified to specify operation during nighttime hours with the facilities 
it is licensed to start using at local sunrise, using the power stated 
in the Order to Show Cause, that the Commission finds is the highest 
nighttime level--not exceeding 0.5 kW--at which the station could 
operate without causing prohibited interference to other domestic or 
foreign stations, or to co-channel or adjacent channel stations for 
which pending applications were filed before December 1, 1987.
    (ii) Stations accepting such modification shall be reclassified. 
Those authorized in such Show Cause Orders to operate during nighttime 
hours with a power of 0.25 kW or more, or with a power that, although 
less than 0.25 kW, is sufficient to enable them to attain RMS field 
strengths of 141 mV/m or more at 1 kilometer, shall be redesignated as 
Class II-B stations if they are assigned to 940 or 1550 kHz, and as 
unlimited-time Class III stations if they are assigned to regional 
channels.
    (iii) Stations accepting such modification that are authorized to 
operate during nighttime hours at powers less than 0.25 kW, and that 
cannot with such powers attain RMS field strengths of 141 mV/m or more 
at 1 kilometer, shall be redesignated as Class II-S stations if they are 
assigned to 940 or 1550 kHz, and as Class III-S stations if they are 
assigned to regional channels.
    (iv) Applications for new stations may be filed at any time on 940 
and 1550 kHz and on the regional channels. Also, stations assigned to 
940 or 1550 kHz, or to the regional channels, may at any time, 
regardless of their classifications, apply for power increases up to the 
maximum generally permitted. Such applications for new or changed 
facilities will be granted without taking into account interference 
caused to Class II-S or Class III-S stations, but will be required to 
show interference protection to other classes of stations,

[[Page 343]]

including stations that were previously classified as Class II-S or 
Class III-S, but were later reclassified as Class II-B or Class III 
unlimited-time stations as a result of subsequent facilities 
modifications that permitted power increases qualifying them to 
discontinue their ``S'' subclassification.
    (f) Applications for minor modifications for AM broadcast stations, 
as defined in paragraph (a)(2) of this section, 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, conflicting applicants. The FCC 
will periodically release a Public Notice listing those applications 
accepted for filing. Applications received on the same day will be 
treated as simultaneously filed and, if they are found to be mutually 
exclusive, must be resolved through settlement or technical amendment. 
Conflicting applications received after the filing of a first acceptable 
application will be grouped, according to filing date, behind the lead 
application in a queue. The priority rights of the lead applicant, 
against all other applicants, are determined by the date of filing, but 
the filing date for subsequent, conflicting applicants only reserves a 
place in the queue. The rights of an applicant in a queue ripen only 
upon a final determination that the lead applicant is unacceptable and 
if the queue member is reached and found acceptable. The queue will 
remain behind the lead applicant until a construction permit is finally 
granted, at which time the queue dissolves.
    (g) Applications for change of license to change hours of operation 
of a Class C AM broadcast station, to decrease hours of operation of any 
other class of station, or to change station location involving no 
change in transmitter site will be considered without reference to the 
processing line.
    (h) Processing new and major AM broadcast station applications. 
(1)(i) The FCC will specify by Public Notice, pursuant to Sec. 73.5002, 
a period for filing AM applications for a new station or for major 
modifications in the facilities of an authorized station. AM 
applications for new facilities or for major modifications, whether for 
commercial broadcast stations or noncommercial educational broadcast 
stations, as described in 47 U.S.C. 397(6), will be accepted only during 
these specified periods. Applications submitted prior to the appropriate 
filing period or ``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.
    (ii)(A) Such AM applicants will be subject to the provisions of 
Sec. Sec. 1.2105 of this chapter and 73.5002 regarding the submission 
of the short-form application, FCC Form 175, and all appropriate 
certifications, information and exhibits contained therein. Applications 
must include the following engineering data:
    (1) Community of license;
    (2) Frequency;
    (3) Class;
    (4) Hours of operations (day, night, critical hours);
    (5) Power (day, night, critical hours);
    (6) Antenna location (day, night, critical hours); and
    (7) All other antenna data.
    (B) Applications lacking data (including any form of placeholder, 
such as inapposite use of ``0'' or ``not applicable'' or an abbreviation 
thereof) in any of the categories listed in paragraph (h)(1)(ii)(A) of 
this section will be immediately dismissed as incomplete without an 
opportunity for amendment. The staff will review the remaining 
applications to determine whether they meet the following basic 
eligibility criteria:
    (1) Community of license coverage (day and night) as set forth in 
Sec. 73.24(i), and
    (2) Protection of co- and adjacent-channel station licenses, 
construction permits and prior-filed applications (day and night) as set 
forth in Sec. Sec. 73.37 and 73.182.
    (C) If the staff review shows that an application does not meet one 
or more of the basic eligibility criteria listed in paragraph 
(h)(1)(ii)(B) of this section, it will be deemed ``technically 
ineligible for filing'' and will be included on a Public Notice listing 
defective applications and setting a deadline for the submission of 
curative amendments.

[[Page 344]]

An application listed on that Public Notice may be amended only to the 
extent directly related to an identified deficiency in the application. 
The amendment may modify the proposed power, class (within the limits 
set forth in Sec. 73.21 of the rules), antenna location or antenna 
data, but not the proposed community of license or frequency. Except as 
set forth in the preceding two sentences, amendments to short-form (FCC 
Form 175) applications will not be accepted at any time. Applications 
that remain technically ineligible after the close of this amendment 
period will be dismissed, and the staff will determine which remaining 
applications are mutually exclusive. The engineering proposals in 
eligible applications remaining after the close of the amendment period 
will be protected from subsequently filed applications. Determinations 
as to the acceptability or grantability of an applicant's proposal will 
not be made prior to an auction.
    (iii) AM applicants will be subject to the provisions of Sec. Sec. 
1.2105 and 73.5002 regarding the modification and dismissal of their 
short-form applications.
    (2) Subsequently, the FCC will release Public Notices:
    (i) Identifying the short-form applications received during the 
window filing period which are found to be mutually exclusive, including 
any applications for noncommercial educational broadcast stations, as 
described in 47 U.S.C. 397(6), as well as the procedures the FCC will 
use to resolve the mutually exclusive applications;
    (ii) Establishing a date, time and place for an auction;
    (iii) Providing information regarding the methodology of competitive 
bidding to be used in the upcoming auction, bid submission and payment 
procedures, upfront payment procedures, upfront payment deadlines, 
minimum opening bid requirements and applicable reserve prices in 
accordance with the provisions of Sec. 73.5002;
    (iv) Identifying applicants who have submitted timely upfront 
payments and, thus, are qualified to bid in the auction.
    (3) After the close of the filing window, the FCC will also release 
a Public Notice identifying any short-form applications received which 
are found to be non-mutually exclusive, including any applications for 
noncommercial educational broadcast stations, as described in 47 U.S.C. 
397(6). All non-mutually exclusive applicants will be required to submit 
an appropriate long form application within 30 days of the Public Notice 
and, for applicants for commercial broadcast stations, pursuant to the 
provisions of Sec. 73.5005(d). Non-mutually exclusive applications for 
commercial broadcast stations will be processed and the FCC will 
periodically release a Public Notice listing such non-mutually exclusive 
applications determined to be acceptable for filing and announcing a 
date by which petitions to deny must be filed in accordance with the 
provisions of Sec. Sec. 73.5006 and 73.3584. Non-mutually exclusive 
applications for noncommercial educational broadcast stations, as 
described in 47 U.S.C. 397(6), will be processed and the FCC will 
periodically release a Public Notice listing such non-mutually exclusive 
applications determined to be acceptable for filing and announcing a 
date by which petitions to deny must be filed in accordance with the 
provisions of Sec. Sec. 73.7004 and 73.3584. If the applicant is duly 
qualified, and upon examination, the FCC finds that the public interest, 
convenience and necessity will be served by the granting of the non-
mutually exclusive long form application, the same will be granted.
    (4)(i) The auction will be held pursuant to the procedures set forth 
in Sec. Sec. 1.2101 et seq. and 73.5000 et seq. Subsequent to the 
auction, the FCC will release a Public Notice announcing the close of 
the auction and identifying the winning bidders. Winning bidders will be 
subject to the provisions of Sec. 1.2107 of this chapter regarding down 
payments and will be required to submit the appropriate down payment 
within 10 business days of the Public Notice. Pursuant to Sec. 1.2107 
of this chapter and Sec. 73.5005, a winning bidder that meets its down 
payment obligations in a timely manner must, within 30 days of the 
release of the Public Notice announcing the close of the auction, submit 
the appropriate long-form application for each construction permit for 
which it was the winning bidder. Long-

[[Page 345]]

form applications filed by winning bidders shall include the exhibits 
identified in Sec. 73.5005(a).
    (ii) Winning bidders are required to pay the balance of their 
winning bids in a lump sum prior to the deadline established by the 
Commission pursuant to Sec. 1.2109(a). Long-form construction permit 
applications will be processed and the FCC will periodically release a 
Public Notice listing such applications that have been accepted for 
filing and announcing a date by which petitions to deny must be filed in 
accordance with the provisions of Sec. Sec. 73.5006 and 73.3584. 
Construction permits will be granted by the Commission only after full 
and timely payment of winning bids and any applicable late fees, and if 
the applicant is duly qualified, and upon examination, the FCC finds 
that the public interest, convenience and necessity will be served.
    (iii) All long-form applications will be cutoff as of the date of 
filing with the FCC and will be protected from subsequently filed long-
form applications. Applications will be required to protect all 
previously filed commercial and noncommercial applications. Subject to 
the restrictions set forth in paragraph (k) of this section, winning 
bidders filing long-form applications may change the technical proposals 
specified in their previously submitted short-form applications, but 
such change may not constitute a major change. If the submitted long-
form application would constitute a major change from the proposal 
submitted in the short-form application, the long-form application will 
be returned pursuant to paragraph (h)(1)(i) of this section.
    (i) In order to grant a major or minor change application made 
contingent upon the grant of another licensee's request for a facility 
modification, the Commission will not consider mutually exclusive 
applications by other parties that would not protect the currently 
authorized facilities of the contingent applicants. Such major change 
applications remain, however, subject to the provisions of Sec. Sec. 
73.3580 and 1.1111. The Commission shall grant contingent requests for 
construction permits for station modifications only upon a finding that 
such action will promote the public interest, convenience and necessity.
    (j) Applications proposing to change the community of license of an 
AM station, except for an AM station in the 1605-1705 kHz band, are 
considered to be minor modifications under paragraphs (a)(2) and (f) of 
this section, and are subject to the following requirements:
    (1) The applicant must attach an exhibit to its application 
containing information demonstrating that the proposed community of 
license change constitutes a preferential arrangement of assignments 
under Section 307(b) of the Communications Act of 1934, as amended (47 
U.S.C. 307(b));
    (2) The daytime facilities specified by the applicant at the 
proposed community of license must be mutually exclusive, as defined in 
Sec. 73.37, with the applicant's current daytime facilities; and
    (3) The applicant must comply with the local public notice 
provisions of Sec. 73.3580(c)(5).
    (k)(1) An AM applicant receiving a dispositive Section 307(b) 
preference is required to construct and operate technical facilities 
substantially as proposed in its FCC Form 175. An AM applicant, 
licensee, or permittee receiving a dispositive Section 307(b) preference 
based on its proposed service to underserved populations (under Priority 
(1), Priority (2), and Priority (4)) or service totals (under Priority 
(4)) may modify its facilities so long as it continues to provide the 
same priority service to substantially the same number of persons who 
would have received service under the initial proposal, even if the 
population is not the same population that would have received such 
service under the initial proposal. For purposes of this provision, 
``substantially'' means that any proposed modification must not result 
in a decrease of more than 20 percent of any population figure that was 
a material factor in obtaining the dispositive Section 307(b) 
preference.
    (2) An AM applicant, licensee, or permittee that has received a 
dispositive preference under Priority (3) will be prohibited from 
changing its community of license.
    (3) The restrictions set forth in paragraphs (k)(1) and (k)(2) of 
this section

[[Page 346]]

will be applied for a period of four years of on-air operations. This 
holding period does not apply to construction permits that are awarded 
on a non-comparative basis, such as those awarded to non-mutually 
exclusive applicants or through settlement.

    Note to Sec. 73.3571: For purposes of paragraph (h)(1)(ii) of this 
section, Sec. 73.182(k) interference standards apply when determining 
nighttime mutual exclusivity between applications to provide AM service 
that are filed in the same window. Two applications would be deemed to 
be mutually exclusive if either application would be subject to 
dismissal because it would enter into, i.e., raise, the twenty-five 
percent exclusion RSS nighttime limit of the other.

[63 FR 48625, Sept. 11, 1998, as amended at 64 FR 19501, Apr. 21, 1999; 
67 FR 45374, July 9, 2002; 68 FR 26227, May 15, 2003; 71 FR 6228, Feb. 
7, 2006; 71 FR 76219, Dec. 20, 2006; 75 FR 9806, Mar. 4, 2010; 76 FR 
18952, Apr. 6, 2011; 85 FR 36794, June 18, 2020]



Sec. 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 (Sec. 73.622(j)). 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 including changes made to 
implement a channel sharing arrangement provided they comply with the 
other provisions of this section and 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 Sec. 74.705 of this 
chapter or interference with broadcast or other services under Sec. 
74.703 or Sec. 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 or TV translator or TV 
booster station which is causing or receiving interference or is 
predicted to cause or receive interference to or from an authorized DTV 
station pursuant to Sec. 74.706 of this chapter, or which is located 
within the distances specified in paragraph (a)(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

[[Page 347]]

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.
    (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 Sec. 73.6011 or Sec. 
73.613; a DTV station or allotment pursuant to Sec. 73.6013 or Sec. 
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 Sec. Sec. 
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)(1) 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 paragraph (a)(1) or (2) of this section, or result in a situation 
where the original party or parties to the application do not retain 
more than 50 percent ownership interest in the application as originally 
filed, and Sec. 73.3580 will apply to such amended application. 
However, such change in ownership is minor if:
    (i) The governing board change in a nonstock or membership 
noncommercial educational (NCE) full power television applicant occurred 
over a period of six months or longer; or
    (ii) The governing board change in a nonstock or membership NCE full 
power television applicant occurred over a period of less than six 
months and there is no evidence of a takeover concern or a significant 
effect on such organization's mission.
    (2) All changes in a governmental applicant are considered minor.

[[Page 348]]

    (3) 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 Sec. 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 Sec. 73.3584.
    (h) Class A TV station licensees shall file a license application 
for either the flash cut channel or the digital companion channel they 
choose to retain for post-transition digital operations. Class A TV 
stations will retain primary, protected regulatory status on their 
desired post-transition digital channel. Class A TV applicants must 
certify that their proposed post-transition digital facilities meet all 
Class A TV interference protection requirements.

[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; 76 FR 44827, July 27, 2011; 82 FR 
18249, Apr. 18, 2017; 85 FR 7889, Feb. 12, 2020; 86 FR 66213, Nov. 22, 
2021]

[[Page 349]]



Sec. 73.3573  Processing FM broadcast station applications.

    (a) Applications for FM broadcast stations are divided into two 
groups:
    (1) In the first group are applications for new stations or for 
major changes of authorized stations. A major change in ownership is one 
in which the original party or parties to the application do not retain 
more than 50 percent ownership interest in the application as originally 
filed, except that such change in ownership is minor if: The governing 
board change in a nonstock or membership NCE applicant occurred over a 
period of six months or longer or the governing board change in a 
nonstock or membership NCE applicant occurred over a period of less than 
six months and there is no evidence of a takeover concern or a 
significant effect on such organization's mission. All changes in a 
governmental applicant are considered minor. In the case of a Class D or 
an NCE FM reserved band channel station, a major facility change is any 
change in antenna location which would not continue to provide a 1 mV/m 
service to some portion of its previously authorized 1 mV/m service 
area. In the case of a Class D station, a major facility change is any 
change in community of license or any change in frequency other than to 
a first-, second-, or third-adjacent channel. A major facility change 
for a commercial or a noncommercial educational full service FM station, 
a winning auction bidder, or a tentative selectee authorized or 
determined under this part is any change in frequency or community of 
license which is not in accord with its current assignment, except for 
the following:
    (i) A change in community of license which complies with the 
requirements of paragraph (g) of this section;
    (ii) A change to a higher or lower class co-channel, first-, second-
, or third-adjacent channel, or intermediate frequency;
    (iii) A change to a same-class first-, second-, or third-adjacent 
channel, or intermediate frequency;
    (iv) A channel substitution, subject to the provisions of Section 
316 of the Communications Act for involuntary channel substitutions.
    (2) The second group consists of applications for licenses and all 
other changes in the facilities of authorized stations.
    (b)(1) The FCC may, after the acceptance of an 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 Sec. Sec. 73.3522, 73.3580 and 1.1111 of this chapter 
pertaining to major changes. Such major modification applications in the 
non-reserved band will be dismissed as set forth in paragraph (f)(2)(i) 
of this section.
    (2) An amendment to a non-reserved band application which would 
effect a major change, as defined in paragraph (a)(1) of this section, 
will not be accepted, except as provided for in paragraph (f)(2)(i) of 
this section.
    (3) A new file number will be assigned to a reserved band 
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 paragraph (a)(1) of this section. Where an 
amendment to a reserved band application would require a new file 
number, the applicant will have the opportunity to withdraw the 
amendment at any time prior to designation for 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 
hearing.
    (c) An application for changes 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.
    (d) If, upon examination, the FCC finds that the public interest, 
convenience and necessity will be served by the granting of an 
application for FM broadcast facilities, the same will be granted. If 
the FCC is unable to make such a finding and it appears that a hearing 
may be required, the procedure given in Sec. 73.3593 will be followed. 
In the case of mutually exclusive applications for reserved channels, 
the procedures

[[Page 350]]

in subpart K of this part will be followed. In the case of mutually 
exclusive applications for unreserved channels, the procedures in 
subpart I of this part will be followed.
    (e) Processing reserved channel FM broadcast station applications. 
(1) Applications for minor modifications for reserved channel FM 
broadcast stations, as defined in paragraph (a)(2) of this section, 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. The FCC will periodically release a Public Notice 
listing those applications accepted for filing. Conflicting applications 
received on the same day will be treated as simultaneously filed and 
mutually exclusive. Conflicting applications received after the filing 
of the first acceptable application will be grouped, according to filing 
date, behind the lead application in the queue. The priority rights of 
the lead applicant, against all other applicants, are determined by the 
date of filing, but the filing date for subsequent conflicting 
applicants only reserves a place in the queue. The right of an applicant 
in a queue ripens only upon a final determination that the lead 
applicant is unacceptable and that the queue member is reached and found 
acceptable. The queue will remain behind the lead applicant until the 
construction permit is finally granted, at which time the queue 
dissolves.
    (2) The FCC will specify by Public Notice a period for filing 
reserved channel FM applications for a new station or for major 
modifications in the facilities of an authorized station. FM 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.
    (3) 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 Sec. 73.3527(e)(2), supporting 
documentation of points claimed, as described in the application form.
    (4) Timely filed applications for new facilities or for major 
modifications for reserved FM channels will be processed pursuant to the 
procedures set forth in subpart K of this part (Sec. 73.7000 et seq.) 
Subsequently, the FCC will release Public Notices identifying: mutually 
exclusive groups of applications; applications selected pursuant to the 
fair distribution procedures set forth in Sec. 73.7002; applications 
received during the window filing period which are found to be non-
mutually exclusive; tentative selectees determined pursuant to the point 
system procedures set forth in Sec. 73.7003; and acceptable 
applications. The Public Notices will also announce: additional 
procedures to be followed for certain groups of applications; deadlines 
for filing additional information; and dates by which petitions to deny 
must be filed in accordance with the provisions of Sec. 73.3584. If the 
applicant is duly qualified, and upon examination, the FCC finds that 
the public interest, convenience and necessity will be served by the 
granting of the application, it will be granted. If an application is 
determined unacceptable for filing, the application will be returned, 
and subject to the amendment requirements of Sec. 73.3522.
    (f) Processing non-reserved FM broadcast station applications. (1) 
Applications for minor modifications for non-reserved FM broadcast 
stations, as defined in paragraph (a)(2) of this section, may be filed 
at any time, unless restricted by the FCC, and, generally, will be 
processed in the order in which they are tendered. The FCC will 
periodically release a Public Notice listing those applications accepted 
for filing. Processing of these applications will be on a ``first come/
first serve'' basis with the first acceptable application cutting off 
the filing rights of subsequent applicants. All applications received on 
the same day will be treated as simultaneously tendered and, if they are 
found to be mutually exclusive, must

[[Page 351]]

be resolved through settlement or technical amendment. Applications 
received after the tender of a lead application will be grouped, 
according to filing date, behind the lead application in a queue. The 
priority rights of the lead applicant, as against all other applicants, 
are determined by the date of filing, but the filing date for subsequent 
applicants for that channel and community only reserves a place in the 
queue. The rights of an applicant in a queue ripen only upon a final 
determination that the lead applicant is unacceptable and if the queue 
member is reached and found acceptable. The queue will remain behind the 
lead applicant until a construction permit is finally granted, at which 
time the queue dissolves.
    (2)(i) The FCC will specify by Public Notice, pursuant to Sec. 
73.5002(a), a period for filing non-reserved band FM applications for a 
new station or for major modifications in the facilities of an 
authorized station. FM applications for new facilities or for major 
modifications, whether for commercial broadcast stations or 
noncommercial educational broadcast stations, as described in 47 U.S.C. 
397(6), 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.
    (ii) Such FM applicants will be subject to the provisions of 
Sec. Sec. 1.2105 and 73.5002 regarding the submission of the short-form 
application, FCC Form 175, and all appropriate certifications, 
information and exhibits contained therein. FM applicants may submit a 
set of preferred site coordinates as a supplement to the short-form 
application. Any specific site indicated by FM applicants will not be 
studied for technical acceptability, but will be protected from 
subsequently filed applications as a full-class facility as of the close 
of the window filing period. Determinations as to the acceptability or 
grantability of an applicant's proposal will not be made prior to an 
auction.
    (iii) FM applicants will be subject to the provisions of Sec. Sec. 
1.2105 and 73.5002(c) regarding the modification and dismissal of their 
short-form applications.
    (3) Subsequently, the FCC will release Public Notices:
    (i) Identifying the short-form applications received during the 
window filing period which are found to be mutually exclusive, including 
any applications for noncommercial educational broadcast stations, as 
described in 47 U.S.C. 397(6), as well as the procedures the FCC will 
use to resolve the mutually exclusive applications;
    (ii) Establishing a date, time and place for an auction;
    (iii) Providing information regarding the methodology of competitive 
bidding to be used in the upcoming auction, bid submission and payment 
procedures, upfront payment procedures, upfront payment deadlines, 
minimum opening bid requirements and applicable reserve prices in 
accordance with the provisions of Sec. 73.5002;
    (iv) Identifying applicants who have submitted timely upfront 
payments and, thus, are qualified to bid in the auction.
    (4) If, after the close of the appropriate window filing period, a 
non-reserved FM allotment remains vacant, the window remains closed 
until the FCC, by Public Notice, specifies a subsequent period for 
filing non-reserved band FM applications for a new station or for major 
modifications in the facilities of an authorized station pursuant to 
paragraph (f)(2)(i) of this section. After the close of the filing 
window, the FCC will also release a Public Notice identifying the short-
form applications which are found to be non-mutually exclusive, 
including any applications for noncommercial educational broadcast 
stations, as described in 47 U.S.C. 397(6). These non-mutually exclusive 
applicants will be required to submit the appropriate long-form 
application within 30 days of the Public Notice and, for applicants for 
commercial broadcast stations, pursuant to the provisions of Sec. 
73.5005(d). Non-mutually exclusive applications for commercial broadcast 
stations will be processed and the FCC will periodically release a 
Public Notice listing such non-mutually exclusive applications 
determined to be acceptable for filing and announcing a date by which 
petitions to

[[Page 352]]

deny must be filed in accordance with the provisions of Sec. Sec. 
73.5006 and 73.3584. Non-mutually exclusive applications for 
noncommercial educational broadcast stations, as described in 47 U.S.C. 
397(6), will be processed and the FCC will periodically release a Public 
Notice listing such non-mutually exclusive applications determined to be 
acceptable for filing and announcing a date by which petitions to deny 
must be filed in accordance with the provisions of Sec. Sec. 73.7004 
and 73.3584. If the applicant is duly qualified, and upon examination, 
the FCC finds that the public interest, convenience, and necessity will 
be served by the granting of the non-mutually exclusive long-form 
application, it will be granted.
    (5)(i) Pursuant to Sec. 1.2107 of this chapter and Sec. 73.5005, a 
winning bidder that meets its down payment obligations in a timely 
manner must, within 30 days of the release of the public notice 
announcing the close of the auction, submit the appropriate long-form 
application for each construction permit for which it was the winning 
bidder. Long-form applications filed by winning bidders shall include 
the exhibits identified in Sec. 73.5005(a).
    (ii) Winning bidders are required to pay the balance of their 
winning bids in a lump sum prior to the deadline established by the 
Commission pursuant to Sec. 1.2109(a) of this chapter. Long-form 
construction permit applications will be processed and the FCC will 
periodically release a Public Notice listing such applications that have 
been accepted for filing and announcing a date by which petitions to 
deny must be filed in accordance with the provisions of Sec. Sec. 
73.5006 and 73.3584. Construction permits will be granted by the 
Commission only after full and timely payment of winning bids and any 
applicable late fees, and if the applicant is duly qualified, and upon 
examination, the FCC finds that the public interest, convenience and 
necessity will be served.
    (iii) All long-form applications will be cut-off as of the date of 
filing with the FCC and will be protected from subsequently filed long-
form applications and rulemaking petitions. Applications will be 
required to protect all previously filed commercial and noncommercial 
applications. Winning bidders filing long-form applications may change 
the technical proposals specified in their previously submitted short-
form applications, but such change may not constitute a major change. If 
the submitted long-form application would constitute a major change from 
the proposal submitted in the short-form application or the allotment, 
the long-form application will be returned pursuant to paragraph 
(f)(2)(i) of this section.
    (6)(i) When a non-reserved channel FM allotment is added to the 
Table of FM Allotments using the Tribal Priority described in Note 5 to 
this section, the FCC will specify by Public Notice a window filing 
period during which only those applicants that satisfy all of the 
eligibility criteria listed in Note 5 to this section with regard to the 
specific Tribal Priority FM allotment(s) listed in the Public Notice may 
file a long-form application for the Tribal Priority FM allotment. Only 
applications from applicants meeting the ``threshold qualifications'' 
listed in Note 5 will be accepted during this window filing period.
    (ii) If only one application for the Tribal Priority FM allotment is 
accepted for filing during the threshold qualifications window, the 
long-form application will be processed. If two or more applications for 
the Tribal Priority FM allotment are accepted for filing during the 
threshold qualifications window, the FCC will specify by Public Notice a 
period of time, after the close of the threshold qualifications window 
but before the next FM auction, during which the parties may negotiate a 
settlement or bona fide merger, as a way of resolving the conflict 
between their applications. Parties to a settlement must comply with 
Sec. 73.3525 of the Commission's rules. If a settlement or bona fide 
merger is reached, the surviving application will be processed. If no 
settlement or bona fide merger is reached among the threshold 
qualifications window applicants, the Tribal Priority FM allotment will 
be offered at auction as described in paragraphs (f)(2) through (f)(5) 
of this section, except that only those applicants whose applications 
were accepted for filing pursuant to paragraph (f)(6)(i) of this section 
may

[[Page 353]]

participate in the initial auction of the Tribal Priority FM allotment.
    (iii) If no application is accepted for filing during the threshold 
qualifications window, and the party that initially proposed the Tribal 
Priority FM allotment requests by letter to the Audio Division, Media 
Bureau, that its pending long-form application not be immediately 
processed, the Tribal Priority FM allotment will be auctioned as 
described in paragraphs (f)(2) through (f)(5) of this section in the 
normal course for vacant FM allotments. When a Tribal Priority FM 
allotment is offered at auction for the first time, only those 
applicants meeting the threshold qualifications for that specific Tribal 
Priority FM allotment, as described in Note 5 to this section, may 
participate in the auction of that allotment.
    (iv) Should no applicant meeting threshold qualifications, as 
described in Note 5 to this section, apply to bid on a Tribal Priority 
FM allotment in the first auction in which it is offered, or should no 
applicant meeting threshold qualifications qualify to bid in the first 
auction in which a Tribal Priority FM allotment is offered, then the 
Tribal Priority FM allotment will be offered in a subsequent auction. 
Any such subsequent auction of a Tribal Priority FM allotment shall 
proceed as described in paragraphs (f)(2) through (f)(5) of this 
section, and any qualified applicant may participate in the auction of 
the Tribal Priority FM allotment in such subsequent auction, regardless 
of whether it meets the threshold qualifications with regard to that 
specific Tribal Priority FM allotment.
    (g) Applications proposing to change the community of license of an 
FM station or assignment are considered to be minor modifications under 
paragraphs (a)(2), (e)(1), and (f)(1) of this section, and are subject 
to the following requirements:
    (1) The applicant must attach an exhibit to its application 
containing information demonstrating that the proposed community of 
license change constitutes a preferential arrangement of allotments or 
assignments under Section 307(b) of the Communications Act of 1934, as 
amended (47 U.S.C. 307(b));
    (2) The facilities specified by the applicant at the proposed 
community of license must be mutually exclusive, as defined in Sec. 
73.207 or 73.509, with the applicant's current facilities or its current 
assignment, in the case of a winning auction bidder or tentative 
selectee; and
    (3) The applicant must comply with the local public notice 
provisions of Sec. 73.3580(c)(5).
    (4) Non-reserved band applications must demonstrate the existence of 
a suitable assignment or allotment site that fully complies with 
Sec. Sec. 73.207 and 73.315 without resort to Sec. 73.213 or Sec. 
73.215.

    Note 1 to Sec. 73.3573: Applications to modify the channel and/or 
class to an adjacent channel, intermediate frequency (IF) channel, or 
co-channel may utilize the provisions of the Commission's Rules 
permitting short spaced stations as set forth in Sec. 73.215 as long as 
the applicant shows by separate exhibit attached to the application the 
existence of an allotment reference site which meets the allotment 
standards, the minimum spacing requirements of Sec. 73.207 and the city 
grade coverage requirements of Sec. 73.315. This exhibit must include a 
site map or, in the alternative, a statement that the transmitter will 
be located on an existing tower. Examples of unsuitable allotment 
reference sites include those which are offshore, in a national or state 
park in which tower construction is prohibited, on an airport, or 
otherwise in an area which would necessarily present a hazard to air 
navigation.
    Note 2 to Sec. 73.3573: Processing of applications for new low 
power educational FM applications: Pending the Commission's restudy of 
the impact of the rule changes pertaining to the allocations of 10-watt 
and other low power noncommercial educational FM stations, applications 
for such new stations, or major changes in existing ones, will not be 
accepted for filing. Exceptions are: (1) In Alaska, applications for new 
Class D stations or major changes in existing ones are acceptable for 
filing; and (2) applications for existing Class D stations to change 
frequency are acceptable for filing. In (2), upon the grant of such 
application, the station shall become a Class D (secondary) station. 
(See First Report and Order, Docket 20735, FCC 78-386, 43 FR 25821, and 
Second Report and Order, Docket 20735, FCC 78-384, 43 FR 39704.) 
Effective date of this FCC imposed ``freeze'' was June 15, 1978. 
Applications which specify facilities of at least 100 watts effective 
radiated power will be accepted for filing.

[[Page 354]]

    Note 3 to Sec. 73.3573: For rules on processing FM translator and 
booster stations, see Sec. 74.1233 of this chapter.
    Note 4 to Sec. 73.3573: A Class C station operating with antenna 
height above average terrain (``HAAT'') of less than 451 meters is 
subject to reclassification as a Class C0 station upon the filing of a 
triggering application for construction permit that is short-spaced to 
such a Class C station under Sec. 73.207 but would be fully spaced to 
such a station considered as a Class C0 assignment. Triggering 
applications may utilize Sec. 73.215. Triggering applications must 
certify that no alternative channel is available for the proposed 
service. Available alternative frequencies are limited to frequencies 
that the proposed service could use at the specified antenna location in 
full compliance with the distance separation requirements of Sec. 
73.207, without any other changes to the FM Table of Allotments. Copies 
of a triggering application and related pleadings must be served on the 
licensee of the affected Class C station. If the staff concludes that a 
triggering application is acceptable for filing, it will issue an order 
to show cause why the affected station should not be reclassified as a 
Class C0 station The order to show cause will provide the licensee 30 
days to express in writing an intention to seek authority to modify the 
subject station's technical facilities to minimum Class C HAAT or to 
otherwise challenge the triggering application. If no such intention is 
expressed and the triggering application is not challenged, the subject 
station will be reclassified as a Class C0 station, and processing of 
the triggering application will be completed. If an intention to modify 
is expressed, an additional 180-day period will be provided during which 
the Class C station licensee must file an acceptable construction permit 
application to increase antenna height to at least 451 meters HAAT. Upon 
grant of such a construction permit application, the triggering 
application will be dismissed. Class C station licensees must serve on 
triggering applicants copies of any FAA submissions related to the 
application grant process. If the construction is not completed as 
authorized, the subject Class C station will be reclassified 
automatically as a Class C0 station. The reclassification procedure also 
may be initiated through the filing of an original petition for rule 
making to amend the FM Table of Allotments as set forth in Note 2 to 
Sec. 1.420(g).
    Note 5 to Sec. 73.3573: The ``Tribal Priority'' is that established 
by the Commission in Policies to Promote Rural Radio Service and to 
Streamline Allotment and Assignment Procedures, MB Docket 09-52. See 
First Report and Order and Further Notice of Proposed Rule Making, MB 
Docket 09-52, FCC 10-24, 75 FR 9797, 75 FR 9856, 75 FR 73976; Second 
Report and Order, First Order on Reconsideration, and Second Further 
Notice of Proposed Rule Making, MB Docket 09-52, FCC 11-28, 76 FR 14362, 
76 FR 18942; Third Report and Order, MB Docket 09-52, FCC 11-190. To 
qualify for the Tribal Priority, and thus meet ``threshold 
qualifications'' for a particular allotment, an applicant must 
demonstrate that it meets all of the following eligibility criteria: (a) 
The applicant is either a federally recognized Tribe or Tribal 
consortium, or an entity 51 percent or more of which is owned or 
controlled by a Tribe or Tribes. Qualifying Tribes or Tribal entities 
must be those at least a portion of whose Tribal Lands lie within the 
principal community contour of the proposed facility. Although the 51 or 
greater percent Tribal control threshold need not consist of a single 
Tribe, the qualifying entity must be 51 percent or more owned or 
controlled by Tribes at least a portion of whose Tribal Lands lie within 
the facility's principal community contour; (b)(1) at least 50 percent 
of the area within the proposed principal community contour is over that 
Tribe's Tribal Lands, or (2) the proposed principal community contour 
(i) encompasses 50 percent or more of that Tribe's Tribal Lands, (ii) 
serves at least 2,000 people living on Tribal Lands, and (iii) the total 
population on Tribal Lands residing within the proposed service contour 
constitutes at least 50 percent of the total covered population (and, in 
the case of either (b)(1) or (b)(2) the proposed principal community 
contour does not cover more than 50 percent of the Tribal Lands of a 
Tribe that is not a party to the application); (c) the proposed 
community of license must be located on Tribal Lands; and (d) the 
proposed service must constitute first or second aural (reception) 
service, or first local Tribal-owned commercial transmission service at 
the proposed community of license. For purposes of this section, the 
definition of ``Tribal Lands'' is the same as that set forth at footnote 
15 of the First Report and Order and Further Notice of Proposed Rule 
Making, FCC 10-24, and as further set forth at paragraphs 8-10 and 59 of 
the Second Report and Order, First Order on Reconsideration, and Second 
Further Notice of Proposed Rule Making, FCC 11-28.

[63 FR 48627, Sept. 11, 1998, as amended at 64 FR 19502, Apr. 21, 1999; 
65 FR 36379, June 8, 2000; 65 FR 79780, Dec. 20, 2000; 67 FR 45374, July 
9, 2002; 68 FR 26228, May 15, 2003; 71 FR 6228, Feb. 7, 2006; 71 FR 
76220, Dec. 20, 2006; 77 FR 2922, Jan. 20, 2012; 85 FR 7890, Feb. 12, 
2020; 85 FR 36794, June 18, 2020]



Sec. 73.3574  Processing of international broadcast station applications.

    (a) Applications for International station facilities are divided 
into two groups.
    (1) In the first group are applications for new stations, or for 
major changes

[[Page 355]]

in the facilities of authorized stations. A major change is any change 
in or addition to authorized zones or areas of reception, any change in 
transmitter location other than one in the immediate vicinity of 
existing antennas of the station, or any change in power, or antenna 
directivity. However, the FCC may, within 15 days after the acceptance 
for filing of any other application for modification, advise the 
applicant that such application is considered to be one for a major 
change and therefore is subject to Sec. Sec. 1.1111 and 73.3580 
pertaining to major changes.
    (2) The second group consists of applications for licenses and all 
other changes in the facilities of authorized stations.
    (b) If an application is amended so as to effect a major change as 
defined in paragraph (a)(1) of this section, or so as to result in an 
assignment or transfer of control which, in the case of an authorized 
station, would require the filing of an application therefor on FCC Form 
314 or 315 (see Sec. 73.3540), Sec. 73.3580 will apply to such amended 
application.
    (c) Applications for International stations will be processed as 
nearly as possible in the order in which they are filed.

[44 FR 38504, July 2, 1979]



Sec. 73.3578  Amendments to applications for renewal, assignment or transfer of control.

    (a) Any amendments to an application for renewal of any instrument 
of authorization shall be considered to be a minor amendment. However, 
the FCC may, within 15 days after tender for filing of any amendment, 
advise the applicant that the amendment is considered to be a major 
amendment and therefore is subject to the provisions of Sec. 73.3580.
    (b) Any amendment to an application for assignment of construction 
permit or license, or consent to the transfer of control of a 
corporation holding such a construction permit or license, shall be 
considered to be a minor amendment, except that any amendment which 
seeks a change in the ownership interest of the proposed assignee or 
transferee which would result in a change in control, or any amendment 
which would require the filing of FCC Forms 314, 315, or 345 (see Sec. 
73.3540), if the changes sought were made in an original application for 
assignment or transfer of control, shall be considered to be a major 
amendment. However, the FCC may, within 15 days after the acceptance for 
filing of any other amendment, advise the applicant that the amendment 
is considered to be a major amendment and therefore is subject to the 
provisions of Sec. 73.3580.

[44 FR 38504, July 2, 1979, as amended at 51 FR 18451, May 20, 1986]



Sec. 73.3580  Local public notice of filing of broadcast applications.

    (a) Definitions. The following definitions shall apply to this 
section:
    (1) Acceptance public notice. A Commission public notice announcing 
that an application has been accepted for filing.
    (2) Applicant-affiliated website. (i) Any of the following internet 
websites, to the extent they are maintained, in order of priority:
    (A) The applicant station's internet website;
    (B) The applicant's internet website; or
    (C) The applicant's parent entity's internet website.
    (ii) An applicant maintaining or having access to more than one of 
the internet websites in paragraphs (a)(2)(i)(A) through (C) of this 
section shall post a link or tab to a web page containing the online 
notice text on the website with the highest priority.
    (3) Locally originating programming. Programming from a low power 
television (LPTV) or television translator station as defined in Sec. 
74.701(h) of this chapter.
    (4) Major amendment. A major amendment to an application is that 
defined in Sec. Sec. 73.3571(b), 73.3572(c), 73.3573(b), and 73.3578, 
and 74.787(b) of this chapter.
    (5) Publicly accessible website. An internet website:
    (i) That is accessible to members of the public without registration 
or payment requirements, or any other requirement that the user provide 
information, or response to a survey or questionnaire in exchange for 
being able to access information on the website; and

[[Page 356]]

    (ii) That is locally targeted to the area served and/or to be served 
by the applicant station (e.g., local government internet website, local 
community bulletin board internet website, state broadcasters' 
association internet website). For international broadcast station 
applications filed pursuant to Sec. 73.3574, the internet website must 
locally target the community in which the International broadcast 
station's transmission facilities are located or are proposed to be 
located (e.g., local government internet website, local community 
bulletin board internet website).
    (b) Types of public notice. Public notice is required of applicants 
for certain broadcast authorizations in the manner set forth in 
paragraphs (b)(1) and (2) of this section:
    (1) On-air announcement. An applicant shall broadcast on-air 
announcements of the filing of certain applications for authorization, 
if required as set forth in paragraph (c) of this section, over its 
station as follows:
    (i) Content. The on-air announcement shall be in the following form:
    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. Members of the public wishing to view this application or 
obtain information about how to file comments and petitions on the 
application can visit publicfiles.fcc.gov, and search in [STATION CALL 
SIGN'S] public file.
    An applicant station without an online public inspection file shall 
instead broadcast the following on-air announcement:
    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. Members of the public wishing to view this application or 
obtain information about how to file comments and petitions can visit 
www.fcc.gov/stationsearch, and search in the list of [STATION CALL 
SIGN'S] filed applications.
    Television broadcast stations, in presenting on-air announcements, 
must use visuals with the full text of the on-air announcement when this 
information is being orally presented by the announcer.
    (ii) Frequency of broadcast. The applicant shall broadcast the on-
air announcements at least once per week (Monday through Friday) for 
four consecutive weeks, for a total of six (6) broadcasts, with no more 
than two broadcasts in a week. Broadcasts made in the same week shall 
not air on the same day.
    (iii) Commencement of broadcast. The applicant may air the first 
broadcast of the on-air announcement as early as the date of release of 
the acceptance public notice for the application, but not later than the 
fifth business day following release of the acceptance public notice for 
the application.
    (iv) Time of broadcast. The applicant shall broadcast all on-air 
announcements between the hours of 7:00 a.m. and 11:00 p.m. local time 
at the applicant station's community of license, Monday through Friday.
    (v) Language of broadcast. A station broadcasting primarily in a 
foreign language should broadcast the announcements in that language.
    (vi) Silent stations or stations not broadcasting. Any station 
required to broadcast on-air announcements that is not broadcasting 
during all or a portion of the period during which on-air announcements 
are required to be broadcast, including silent stations and 
noncommercial educational broadcast stations that are not scheduled to 
broadcast during the portion of the year during which on-air 
announcements are required to be broadcast, must comply with the 
provisions of paragraph (b)(2) of this section during the time period in 
which it is unable to broadcast required on-air announcements, and must 
broadcast required on-air announcements during the time period it is 
able to do so.
    (2) Online notice. An applicant shall conspicuously post on an 
internet website notice of the filing of certain applications for 
authorization, if required as set forth in paragraph (c) of this 
section, as follows:

[[Page 357]]

    (i) Content. The online notice shall be in the following form:
    On [DATE], [APPLICANT NAME], [PERMITTEE/LICENSEE] of [STATION CALL 
SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE OR, FOR 
INTERNATIONAL BROADCAST STATIONS, COMMUNITY WHERE THE STATION'S 
TRANSMISSION FACILITIES ARE LOCATED], filed an application with the 
Federal Communications Commission for [TYPE OF APPLICATION]. Members of 
the public wishing to view this application or obtain information about 
how to file comments and petitions on the application can visit [INSERT 
HYPERLINK TO APPLICATION LINK IN APPLICANT'S ONLINE PUBLIC INSPECTION 
FILE (OPIF) OR, IF THE STATION HAS NO OPIF, TO APPLICATION LOCATION IN 
THE MEDIA BUREAU'S LICENSING AND MANAGEMENT SYSTEM; IF AN INTERNATIONAL 
BROADCAST STATION, TO APPLICATION LOCATION IN THE OFFICE OF 
INTERNATIONAL AFFAIRS' ICFS DATABASE].
    An applicant for a proposed but not authorized station shall post 
the following online notice:
    On [DATE], [APPLICANT NAME], applicant for [A NEW (STATION TYPE) 
STATION ON] [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE OR, FOR 
INTERNATIONAL BROADCAST STATIONS, COMMUNITY WHERE THE STATION'S 
TRANSMISSION FACILITIES ARE TO BE LOCATED], filed an application with 
the Federal Communications Commission for [TYPE OF APPLICATION]. Members 
of the public wishing to view this application or obtain information 
about how to file comments and petitions on the application can visit 
[INSERT HYPERLINK TO APPLICATION LOCATION IN THE MEDIA BUREAU'S 
LICENSING AND MANAGEMENT SYSTEM; IF AN INTERNATIONAL BROADCAST STATION, 
TO APPLICATION LOCATION IN THE OFFICE OF INTERNATIONAL AFFAIRS' ICFS 
DATABASE].
    An applicant for an authorization under section 325(c) of the 
Communications Act (Studio Delivering Programs to a Foreign Station) 
shall post the following online notice:
    On [DATE], [APPLICANT NAME] filed an application with the Federal 
Communications Commission for a permit to deliver programs to foreign 
station [FOREIGN STATION CALL SIGN], [FOREIGN STATION FREQUENCY], 
[FOREIGN STATION COMMUNITY OF LICENSE]. [DESCRIPTION OF THE PROGRAMS TO 
BE TRANSMITTED OVER THE STATION]. Members of the public wishing to view 
this application or obtain information about how to file comments and 
petitions on the application can visit [INSERT HYPERLINK TO APPLICATION 
LOCATION IN THE OFFICE OF INTERNATIONAL AFFAIRS' ICFS DATABASE].
    (ii) Site. The applicant shall post online notice by posting a 
conspicuous link or tab labeled ``FCC Applications'' on an applicant-
affiliated website, as defined in paragraph (a)(2) of this section. The 
link or tab will link directly to a page containing only the online 
notice text referenced in paragraph (b)(2)(i) of this section. To the 
extent that there are no pending applications requiring online public 
notice, the link or tab should link to a page indicating that there are 
no pending applications subject to the posting requirement. This page 
must include the date when it was last updated. If the applicant does 
not maintain or have access to an applicant-affiliated website, the 
applicant may post the online notice on a publicly accessible website, 
as defined in paragraph (a)(5) of this section. An applicant for an 
authorization under section 325(c) of the Communications Act (Studio 
Delivering Programs to a Foreign Station) shall post online notice on a 
publicly accessible website that is locally targeted to the principal 
area to be served in the United States by the foreign broadcast station.
    (iii) Duration of posting. If the online notice is posted on an 
applicant-affiliated website or on a publicly accessible website for 
which the applicant is not required to compensate the website owner in 
exchange for posting the online notice, then the applicant must post the 
online notice for a minimum of 30 consecutive days. If the applicant 
does not maintain an applicant-affiliated website, and the applicant is 
required to compensate a website owner

[[Page 358]]

in exchange for posting on a publicly accessible website, the applicant 
must post the online notice for a period of not less than 24 consecutive 
hours, once per week (Monday through Friday), for four consecutive 
weeks.
    (iv) Commencement of posting. The applicant must post the online 
notice no earlier than the date of release of the acceptance public 
notice for the application, and not later than five business days 
following release of the acceptance public notice for the application.
    (c) Applications requiring local public notice. The following 
applications filed by licensees or permittees of the following types of 
stations must provide public notice in the manner set forth in 
paragraphs (c)(1) through (6) of this section:
    (1) Applications for a construction permit for a new station, a 
major amendment thereto, or a major modification to a construction 
permit for a new unbuilt station. (i) For a commercial or noncommercial 
educational full power television; commercial or noncommercial 
educational full-service AM or FM radio station; Class A television 
station; low power television (LPTV) or television translator station; 
low-power FM (LPFM) station; or commercial or noncommercial FM 
translator or FM booster station, the applicant shall give online 
notice.
    (ii) For an international broadcast station, the applicant shall 
give online notice on a publicly accessible website, locally targeted to 
the community in which the station's transmission facilities are to be 
located.
    (2) Applications for a major change to the facilities of an 
operating station, or major amendments thereto. (i) For a noncommercial 
educational full power television; noncommercial full-service AM or FM 
radio station; or for an LPFM station, the applicant shall broadcast on-
air announcements.
    (ii) For a commercial full power television; commercial full-service 
AM or FM radio station; or a Class A television station, the applicant 
shall both broadcast on-air announcements and give online notice.
    (iii) For an LPTV or television translator station; or an FM 
translator or FM booster station, the applicant shall give online 
notice.
    (iv) For an international broadcast station, the applicant shall 
give online notice on a publicly accessible website, locally targeted to 
the community in which the station's transmission facilities are 
located.
    (3) Applications for renewal of license. (i) For a full power 
television; full-service AM or FM radio station; Class A television 
station; LPTV station locally originating programming; or LPFM station, 
the applicant shall broadcast on-air announcements.
    (ii) For an LPTV station that does not locally originate 
programming; or for a TV or FM translator station, the applicant shall 
give online notice.
    (iii) For an international broadcast station, the applicant shall 
give online notice on a publicly accessible website, locally targeted to 
the community in which the station's transmission facilities are 
located.
    (4) Applications for assignment or transfer of control of a 
construction permit or license, or major amendments thereto. (i) For a 
noncommercial educational full power television; noncommercial 
educational full-service AM or FM radio station; or an LPFM station, the 
applicant shall broadcast on-air announcements.
    (ii) For a commercial full power television; commercial full-service 
AM or FM radio station; Class A television station; or an LPTV station 
that locally originates programming, the applicant shall both broadcast 
on-air announcements and give online notice.
    (iii) For an LPTV station that does not locally originate 
programming, or a TV or FM translator station, the applicant shall give 
online notice.
    (iv) For an international broadcast station, the applicant shall 
give online notice on a publicly accessible website, locally targeted to 
the community in which the station's transmission facilities are 
located.
    (v) For any application for assignment or transfer of control of a 
construction permit or license, for a station that is not operating, the 
applicant shall give online notice.
    (5) Applications for a minor modification to change a station's 
community of license, or major amendments thereto. (i) For a 
noncommercial educational full-

[[Page 359]]

service AM or FM radio station, the applicant shall broadcast on-air 
announcements.
    (ii) For a commercial full-service AM or FM radio station, the 
applicant shall both broadcast on-air announcements and give online 
notice. In addition to the online notice set forth in paragraph (b)(2) 
of this section locally targeted to the applicant station's current 
community of license, the applicant shall also give online notice on a 
publicly accessible website locally targeted to the community that the 
applicant proposes to designate as its new community of license, for the 
same time periods and in the same manner as set forth in paragraph 
(b)(2) of this section.
    (6) Applications for a permit pursuant to section 325(c) of the 
Communications Act (studio delivering programming to a foreign station). 
The applicant shall give online notice.
    (d) Applications for which local public notice is not required. The 
following types of applications are not subject to the local public 
notice provisions of this section:
    (1) A minor change in the facilities of an authorized station, as 
indicated in Sec. Sec. 73.3571, 73.3572, 73.3573, and 73.3574, and 
74.787(b) of this chapter, except a minor change to designate a 
different community of license for an AM or FM radio broadcast station, 
pursuant to the provisions of Sec. Sec. 73.3571(j) and 73.3573(g).
    (2) Consent to an involuntary assignment or transfer or to a 
voluntary assignment or transfer which does not result in a change of 
control and which may be applied for on FCC Form 316, or any successor 
form released in the future, pursuant to the provisions of Sec. 
73.3540(b).
    (3) A license under section 319(c) of the Communications Act or, 
pending application for or grant of such license, any special or 
temporary authorization to permit interim operation to facilitate 
completion of authorized construction or to provide substantially the 
same service as would be authorized by such license.
    (4) Extension of time to complete construction of authorized 
facilities.
    (5) An authorization of facilities for remote pickup or studio links 
for use in the operation of a broadcast station.
    (6) Authorization pursuant to section 325(c) of the Communications 
Act (Studio Delivering Programs to a Foreign Station) where the programs 
to be transmitted are special events not of a continuing nature.
    (7) An authorization under any of the proviso clauses of section 
308(a) of the Communications Act concerning applications for and 
conditions in licenses.
    (e) Certification of local public notice. (1) The applicant must 
certify in the appropriate application that it will comply with the 
public notice requirements set forth in paragraph (c) of this section.
    (2) An applicant for renewal of a license that is required to 
maintain an online public inspection file shall, within seven (7) days 
of the last day of broadcast of the required on-air announcements, place 
in its online public inspection file a statement certifying compliance 
with this section, along with the dates and times that the on-air 
announcements were broadcast. An applicant for renewal of a license that 
is required to maintain an online public inspection file, and that is 
not broadcasting during all or a portion of the period during which on-
air announcements are required to be broadcast, as set forth in 
paragraph (b)(1)(vi) of this section, shall, within seven (7) days of 
the last on-air announcement or last day of posting online notice, 
whichever occurs last, place in its online public inspection file a 
statement certifying compliance with this section, along with the dates 
and times that any on-air announcements were broadcast, along with the 
dates and times that online notice was posted and the Universal Resource 
Locator (URL) of the internet website on which online notice was posted. 
This certification need not be filed with the Commission but shall be 
retained in the online public inspection file for as long as the 
application to which it refers.
    (f) Time for acting on applications. Applications (as originally 
filed or amended) will be acted upon by the FCC no sooner than 30 days 
following release of the acceptance public notice,

[[Page 360]]

except as otherwise permitted in Sec. 73.3542 or Sec. 73.1635.

[85 FR 36794, June 18, 2020, as amended at 86 FR 14851, Mar. 19, 2021; 
88 FR 21448, Apr. 10, 2023]



Sec. 73.3584  Procedure for filing petitions to deny.

    (a) For mutually exclusive applications subject to selection by 
competitive bidding (non-reserved channels) or fair distribution/point 
system (reserved channels), petitions to deny may be filed only against 
the winning bidders or tentative selectee(s), and such petitions will be 
governed by Sec. Sec. 73.5006 and 73.7004, respectively. For all other 
applications the following rules will govern. Except in the case of 
applications for new low power TV, TV translator or TV booster stations, 
for major changes in the existing facilities of such stations, or for 
applications for a change in output channel tendered by displaced low 
power TV and TV translator stations pursuant to Sec. 73.3572(a)(1), any 
party in interest may file with the Commission a Petition to Deny any 
application (whether as originally filed or if amended so as to require 
a new file number pursuant to Sec. 73.3571(j), Sec. 73.3572(b), Sec. 
73.3573(b), Sec. 73.3574(b) or Sec. 73.3578) for which local notice 
pursuant to Sec. 73.3580 is required, provided such petitions are filed 
prior to the day such applications are granted or designated for 
hearing; but where the FCC issues a public notice pursuant to the 
provisions of Sec. 73.3571(c), Sec. 73.3572(c) or Sec. 73.3573(d), 
establishing a ``cut-off'' date, such petitions must be filed by the 
date specified. In the case of applications for transfers and 
assignments of construction permits or station licenses, Petitions to 
Deny must be filed not later than 30 days after issuance of a public 
notice of the acceptance for filing of the applications. In the case of 
applications for renewal of license, Petitions to Deny may be filed at 
any time up to the deadline established in Sec. 73.3516(e). Requests 
for extension of time to file Petitions to Deny applications for new 
broadcast stations or major changes in the facilities of existing 
stations or applications for renewal of license will not be granted 
unless all parties concerned, including the applicant, consent to such 
requests, or unless a compelling showing can be made that unusual 
circumstances make the filing of a timely petition impossible and the 
granting of an extension warranted.
    (b) Except in the case of applications for new low power TV or TV 
translator stations, or for major changes in the existing facilities of 
such stations, the applicant may file an opposition to any Petition to 
Deny, and the Petitioner a reply to such opposition in which allegations 
of fact or denials thereof shall be supported by affidavit of a person 
or persons with personal knowledge thereof. The times for filing such 
oppositions and replies shall be those provided in Sec. 1.45 except 
that as to a Petition to Deny an application for renewal of license, an 
opposition thereto may be filed within 30 days after the Petition to 
Deny is filed, and the party that filed the Petition to Deny may reply 
to the opposition within 20 days after opposition is due or within 20 
days after the opposition is filed, whichever is longer. The failure to 
file an opposition or a reply will not necessarily be construed as an 
admission of fact or argument contained in a pleading.
    (c) In the case of applications for new low power TV, TV translator, 
or TV booster stations, for major changes in the existing facilities of 
such stations, or for applications for a change in output channel 
tendered by displaced low power TV and TV translator stations pursuant 
to Sec. 73.3572(a)(1), any party in interest may file with the FCC a 
Petition to Deny any applcation (whether as originally filed or if 
amended so as to require a new file number pursuant to Sec. 73.3572(b)) 
for which local notice pursuant to Sec. 73.3580 is required, provided 
such petitions are filed within 30 days of the FCC Public Notice 
proposing the application for grant (applicants may file oppositions 
within 15 days after the Petition to Deny is filed); but where the FCC 
selects a tentative permittee pursuant to Section 1.1601 et seq., 
Petitions to Deny shall be accepted only if directed against the 
tentative selectee and filed after issuance of and within 15 days of FCC 
Public Notice announcing the tentative

[[Page 361]]

selectee. The applicant may file an opposition within 15 days after the 
Petition to Deny is filed. In cases in which the minimum diversity 
preference provided for in Sec. 1.1623(f)(1) has been applied, an 
``objection to diversity claim'' and opposition thereto, may be filed 
against any applicant receiving a diversity preference, within the same 
time period provided herein for Petitions and Oppositions. In all 
pleadings, allegations of fact or denials thereof shall be supported by 
appropriate certification. However, the FCC may announce, by the Public 
Notice announcing the acceptance of the last-filed mutually exclusive 
application, that a notice of Petition to Deny will be required to be 
filed no later than 30 days after issuance of the Public Notice.
    (d) A party in interest may file a Petition to Deny any application 
that proposes reclassification of a Class C authorization to Class C0 
not later than 30 days after issuance of an order to show cause by the 
Commission notifying the affected licensee of the proposed 
reclassification.
    (e) Untimely Petitions to Deny, as well as other pleadings in the 
nature of a Petition to Deny, and any other pleadings or supplements 
which do not lie as a matter of law or are otherwise procedurally 
defective, are subject to return by the FCC's staff without 
consideration.

[48 FR 27206, June 13, 1983, as amended at 52 FR 31401, Aug. 20, 1987; 
53 FR 2499, Jan. 28, 1988; 55 FR 28914, July 16, 1990; 61 FR 18291, Apr. 
25, 1996; 65 FR 36379, June 8, 2000; 65 FR 79780, Dec. 20, 2000]



Sec. 73.3587  Procedure for filing informal objections.

    Before FCC action on any application for an instrument of 
authorization, any person may file informal objections to the grant. 
Such objections may be submitted in letter form (without extra copies) 
and shall be signed. The limitation on pleadings and time for filing 
pleadings provided for in Sec. 1.45 of the rules shall not be 
applicable to any objections duly filed under this section.

[44 FR 38507, July 2, 1979]



Sec. 73.3588  Dismissal of petitions to deny or withdrawal of informal objections.

    (a) Whenever a petition to deny or an informal objection has been 
filed against any application, and the filing party seeks to dismiss or 
withdraw the petition to deny or the informal objection, either 
unilaterally or in exchange for financial consideration, that party must 
file with the Commission a request for approval of the dismissal or 
withdrawal, a copy of any written agreement related to the dismissal or 
withdrawal, and an affidavit setting forth:
    (1) A certification that neither the petitioner nor its principals 
has received or will receive any money or other consideration in excess 
of legitimate and prudent expenses in exchange for the dismissal or 
withdrawal of the petition to deny;
    (2) The exact nature and amount of any consideration received or 
promised;
    (3) An itemized accounting of the expenses for which it seeks 
reimbursement; and
    (4) The terms of any oral agreement related to the dismissal or 
withdrawal of the petition to deny.

In addition, within 5 days of petitioner's request for approval, each 
remaining party to any written or oral agreement must submit an 
affidavit setting forth:
    (5) A certification that neither the applicant nor its principals 
had paid or will pay money or other consideration in excess of the 
legitimate and prudent expenses of the petitioner in exchange for 
dismissing or withdrawing the petition to deny; and
    (6) The terms of any oral agreement relating to the dismissal or 
withdrawal of the petition to deny.
    (b) Citizens' agreements. For purposes of this section, citizens 
agreements include agreements arising whenever a petition to deny or 
informal objection has been filed against any application and the filing 
party seeks to dismiss or withdraw the petition or objection in exchange 
for nonfinancial consideration (e.g., programming, ascertainment or 
employment initiatives). The parties to such an agreement must file with 
the Commission a joint request

[[Page 362]]

for approval of the agreement, a copy of any written agreement, and an 
affidavit executed by each party setting forth:
    (1) Certification that neither the petitioner, nor any person or 
organization related to the petitioner, has received or will receive any 
money or other consideration in connection with the citizens' agreement 
other than legitimate and prudent expenses incurred in prosecuting the 
petition to deny;
    (2) Certification that neither the petitioner, nor any person or 
organization related to petitioner is or will be involved in carrying 
out, for a fee, any programming, ascertainment, employment or other non-
financial initiative referred to in the citizens' agreement; and
    (3) The terms of any oral agreement.
    (c) For the purposes of this section:
    (1) Affidavits filed pursuant to this section shall be executed by 
the applicant, permittee or licensee, if an individual; a partner having 
personal knowledge of the facts, if a partnership; or an officer having 
personal knowledge of the facts, if a corporation or association.
    (2) A petition shall be deemed to be pending before the Commission 
from the time a petition is filed with the Commission until an order of 
the Commission granting or denying the petition is no longer subject to 
reconsideration by the Commission or to review by any court.
    (3) ``Legitimate and prudent expenses'' are those expenses 
reasonably incurred by a petitioner in preparing, filing, and 
prosecuting its petition for which reimbursement is being sought.
    (4) ``Other consideration'' consists of financial concessions, 
including but not limited to the transfer of assets or the provision of 
tangible pecuniary benefit, as well as non-financial concessions that 
confer any type of benefit on the recipient.

[54 FR 22598, May 25, 1989. Redesignated and amended at 55 FR 28914, 
July 16, 1990]



Sec. 73.3589  Threats to file petitions to deny or informal objections.

    (a) No person shall make or receive any payments in exchange for 
withdrawing a threat to file or refraining from filing a petition to 
deny or an informal objection. For the purposes of this section, 
reimbursement by an applicant of the legitimate and prudent expenses of 
a potential petitioner or objector incurred reasonably and directly in 
preparing to file a petition to deny will not be considered to be 
payment for refraining from filing a petition to deny or informal 
objection. Payments made directly to a potential petitioner or objector, 
or a person related to a potential petitioner or objector, to implement 
nonfinancial promises are prohibited unless specifically approved by the 
Commission.
    (b) Whenever any payment is made in exchange for withdrawing a 
threat to file or refraining from filing a petition to deny or informal 
objection, the licensee must file with the Commission a copy of any 
written agreement related to the dismissal or withdrawal, and an 
affidavit setting forth:
    (1) Certification that neither the would-be petitioner, nor any 
person or organization related to the would-be petitioner, has received 
or will receive any money or other consideration in connection with the 
citizens' agreement other than legitimate and prudent expenses 
reasonably incurred in preparing to file the petition to deny;
    (2) Certification that unless such arrangement has been specifically 
approved by the Commission, neither the would-be petitioner, nor any 
person or organization related to the would-be petitioner, is or will be 
involved in carrying out, for a fee, any programming ascertainment, 
employment or other nonfinancial initiative referred to in the citizens' 
agreement; and
    (3) The terms of any oral agreement.
    (c) For purposes of this section:
    (1) Affidavits filed pursuant to this section shall be executed by 
the licensee, if an individual; a partner having personal knowledge of 
the facts, if a partnership; or an officer having personal knowledge of 
the facts, if a corporation or association.
    (2) ``Legitimate and prudent expenses'' are those expenses 
reasonably incurred by a would-be petitioner in preparing to file its 
petition for which reimbursement is being sought.
    (3) ``Other consideration'' consists of financial concessions, 
including but not limited to the transfer of assets or

[[Page 363]]

the provision of tangible pecuniary benefit, as well as non-financial 
concessions that confer any type of benefit on the recipient.

[55 FR 28914, July 16, 1990]



Sec. 73.3591  Grants without hearing.

    (a) Except for renewal applications filed after May 1, 1995 which 
will be subject to paragraph (d) of this section, in the case of any 
application for an instrument of authorization, other than a license 
pursuant to a construction permit, the FCC will make the grant if it 
finds (on the basis of the application, the pleadings filed or other 
matters which it may officially notice) that the application presents no 
substantial and material question of fact and meets the following 
requirements:
    (1) There is not pending a mutually exclusive application filed in 
accordance with paragraph (b) of this section;
    (2) The applicant is legally, technically, financially, and 
otherwise qualified;
    (3) The applicant is not in violation of provisions of law, the FCC 
rules, or established policies of the FCC; and
    (4) A grant of the application would otherwise serve the public 
interest, convenience and necessity.
    (b) In making its determinations pursuant to the provisions of 
paragraph (a) of this section, the FCC will not consider any other 
application, or any application if amended so as to require a new file 
number, as being mutually exclusive or in conflict with the application 
under consideration unless such other application was substantially 
complete, and tendered for filing by:
    (1) The close of business on the day preceding the day designated by 
Public Notice as the day the listed application is to be available and 
ready for processing;
    (2) The date prescribed in Sec. 73.3516(e) in the case of 
applications which are mutually exclusive with applications for renewal 
of license of broadcast stations; or
    (3) The close of business on the day designated by the FCC pursuant 
to Sec. 73.3564(d) as the date(s) for filing low power TV or TV 
translator applications.
    (c) If a petition to deny the application has been filed in 
accordance with Sec. 73.3584 and the FCC makes the grant in accordance 
with paragraph (a) of this section, the FCC will deny the petition and 
issue a concise statement setting forth the reasons for denial and 
disposing of all substantial issues raised by the petition.
    (d) Renewal applications filed after May 1, 1995 will be governed by 
the criteria established in 47 U.S.C. Sec. 309(k).

[44 FR 38507, July 2, 1979, as amended at 50 FR 47844, Dec. 7, 1984; 59 
FR 31557, June 20, 1994; 61 FR 18291, Apr. 25, 1996]



Sec. 73.3592  Conditional grant.

    (a) Where a grant of an application would preclude the grant of any 
application or applications mutually exclusive with it, the FCC may, if 
the public interest will be served thereby, make a conditional grant of 
one of the applications and designate all of the mutually exclusive 
applications for hearing. Such conditional grant will be made upon the 
express condition that such grant is subject to being withdrawn if, at 
the hearing, it is shown that public interest will be better served by a 
grant of one of the other applications. Such conditional grants will be 
issued only where it appears:
    (1) That some or all of the applications were not filed in good 
faith but were filed for the purpose of delaying or hindering the grant 
of another application; or
    (2) That public interest requires the prompt establishment of 
broadcast service in a particular community or area; or
    (3) That a grant of one or more applications would be in the public 
interest, and that a delay in making a grant to any applicant until 
after the conclusion of a hearing on all applications might jeopardize 
the rights of the United States under the provisions of international 
agreement to the use of the frequency in question; or
    (4) That a grant of one application would be in the public interest, 
and that it appears from an examination of the remaining applications 
that they cannot be granted because they are in violation of provisions 
of the Communications Act, other statutes, or the provisions of the FCC 
rules.
    (b) When two or more applications for the same AM, FM or TV 
assignment

[[Page 364]]

have been designated for hearing, the FCC may, if the public interest 
will be served thereby, make a conditional grant to a group composed of 
any two or more of the competing applicants, such grant to terminate 
when the successful applicant commences operation under the terms of a 
regular authorization. No conditional grant will be made unless all of 
the competing applicants have been afforded a reasonable opportunity to 
participate in the group seeking the conditional grant. In its 
application, the group shall include a special showing as to the need 
for the service pending operation by the successful applicant under the 
terms of a regular authorization; the effect, if any, of a grant on the 
position of any applicant which is not a member of the group; and any 
other factors which are deemed pertinent to the public interest 
judgment.

[44 FR 38507, July 2, 1979]



Sec. 73.3593  Designation for hearing.

    If the FCC is unable, in the case of any application for an 
instrument of authorization, to make the findings specified in Sec. 
73.3591(a), it will formally designate the application for hearing on 
the grounds or reasons then obtaining and will forthwith notify the 
applicant and all known parties in interest of such action and the 
grounds and reasons therefor, specifying with particularity the matters 
and things in issue but not including issues or requirements phrased 
generally. If, however, the issue to be resolved is limited to the 
mutual exclusivity of applications for initial authorizations or for 
major changes to existing stations, that mutual exclusivity shall be 
resolved pursuant to competitive bidding procedures identified in 
subpart I (unreserved channels) or point system procedures identified in 
subpart K (reserved channels).

[65 FR 36379, June 8, 2000]



Sec. 73.3594  Local public notice of designation for hearing.

    (a) When an application subject to the provisions of Sec. 73.3580 
is designated for hearing, the applicant shall give notice of such 
designation as follows:
    (1) On-air announcement. The applicant (except an applicant filing 
an application for an International broadcast, low power TV, TV 
translator, FM translator, and FM booster station) shall broadcast an 
on-air announcement of the designation of an application for hearing 
over its radio or television station as follows:
    (i) Content. The on-air announcement shall be in the following form:
    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. On [DATE], the Commission designated the application for 
an evidentiary hearing on certain issues. Members of the public wishing 
to view the Hearing Designation Order and list of issues can visit [URL 
OF INTERNET WEBSITE MAINTAINED BY THE STATION, THE LICENSEE/PERMITTEE, 
OR THE LICENSEE/PERMITTEE'S PARENT ENTITY, OR OTHER PUBLICLY ACCESSIBLE 
WEBSITE], and click the link in the ``Hearing Designation Order'' 
notice.
    Television broadcast stations (commercial and noncommercial 
educational), in presenting on-air announcements, must use visuals [with 
the full text of the on-air announcement] when this information is being 
orally presented by the announcer.
    (ii) Frequency of broadcast. The on-air announcements shall be 
broadcast a total of six (6) times, once per week for four consecutive 
weeks.
    (iii) Commencement of broadcast. The first broadcast of the on-air 
announcement shall occur no earlier than the date of release of the 
Hearing Designation Order, Order to Show Cause, or other order 
designating issues for hearing, and no later than the fifth business day 
following release of said order.
    (iv) Time of broadcast. The on-air announcements shall be broadcast 
between the hours of 7:00 a.m. and 11:00 p.m. local time at the 
applicant station's community of license, Monday through Friday.
    (v) Language of broadcast. A station broadcasting primarily in a 
foreign language shall broadcast the announcements in that language.

[[Page 365]]

    (2) Online notice. The applicant shall also post an online notice of 
the designation of an application for hearing conspicuously on an 
internet website as follows:
    (i) Content. The online notice shall be in the following form:

                        HEARING DESIGNATION ORDER

    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. On [DATE], the Commission designated the application for 
an evidentiary hearing on the following issues: [LIST OF ISSUES IN THE 
HEARING AS LISTED IN THE FCC's ORDER OR SUMMARY OF DESIGNATION FOR 
HEARING]. Members of the public wishing to view the Hearing Designation 
Order or to file comments can visit [INSERT HYPERLINK TO THE HEARING 
DESIGNATION ORDER, ORDER TO SHOW CAUSE, OR OTHER ORDER DESIGNATING THE 
APPLICATION FOR HEARING, ON THE FCC's INTERNET WEBSITE].
    (ii) Site. (A) The applicant shall post online notice by posting a 
conspicuous link or tab labeled ``FCC Hearing'' on an applicant-
affiliated website, as defined in paragraph (a)(2) of this section. The 
link or tab will link directly to a page containing only the online 
notice text referenced in paragraph (b)(2)(i) of this section. The 
applicant shall post online notice on one of the following internet 
websites, to the extent such websites are maintained, in order of 
priority:
    (1) The applicant station's internet website;
    (2) The applicant's internet website; or
    (3) The applicant's parent entity's internet website.
    (B) If the applicant does not maintain an internet website for the 
station or itself, or if the applicant's parent entity does not maintain 
an internet website, the applicant shall post online notice on an 
internet website:
    (1) That is accessible to members of the public without registration 
or payment requirements, or any other requirement that the user provide 
information, or response to a survey or questionnaire in exchange for 
being able to access information on the website; and
    (2) That is locally targeted to the area served and/or to be served 
by the applicant station (e.g., local government internet website, local 
community bulletin board internet website, state broadcasters' 
association internet website).
    (iii) Commencement of posting. The online notice shall be posted no 
earlier than the date of release of the Hearing Designation Order, Order 
to Show Cause, or other order designating issues for hearing, and no 
later than the fifth business day following release of said order.
    (iv) Length of posting. The online notice must be posted for a 
minimum of 30 consecutive days.
    (b) Within seven (7) days of the last day of broadcast of the notice 
required by paragraph (a)(1) of this section, the applicant shall file a 
an original statement and one copy with the Secretary of the Commission 
setting forth the dates and times on which the on-air announcements were 
made, the date the online notice was first posted, and the Universal 
Resource Locator (URL) address of the internet website on which online 
notice is posted.
    (c) The failure to comply with the provisions of this section is 
cause for dismissal of an application with prejudice. However, upon a 
finding that applicant has complied (or proposes to comply) with the 
provisions of section 311(a)(2) of the Communications Act, and that the 
public interest, convenience, and necessity will be served thereby, the 
presiding officer may authorize an applicant, upon a showing of special 
circumstances, to give notice in a manner other than that prescribed by 
this section; may accept notice that is given in a manner which does not 
conform strictly in all respects with the provisions of this section; or 
may extend the time for giving notice.

[85 FR 36797, June 18, 2020]

[[Page 366]]



Sec. 73.3597  Procedures on transfer and assignment applications.

    (a) If, upon the examination of an application for FCC consent to an 
assignment of a broadcast construction permit or license or for a 
transfer of control of a corporate permittee or licensee, it appears 
that the station involved has been operated on-air by the current 
licensee or permittee for less than one year, the application will be 
designated for hearing on appropriate issues unless the FCC is able to 
find that:
    (1) The permit or license was not authorized either through the 
Minority Ownership Policy or after a comparative hearing or, in the case 
of low power TV and TV translator stations, the permit or license was 
not authorized after a lottery in which the permittee or licensee 
benefited from minority or diversity preferences;
    (2) The application involves an FM translator station or FM booster 
station only;
    (3) The application involves a pro forma assignment or transfer of 
control; or
    (4) The assignor or transferor has made an affirmative factual 
showing, supported by affidavits of a person or persons with personal 
knowledge thereof, which establishes that, due to unavailability of 
capital, to death or disability of station principals, or to other 
changed circumstances affecting the licensee or permittee occurring 
subsequent to the acquisition of the license or permit, FCC consent to 
the proposed assignment or transfer of control will serve the public 
interest, convenience and necessity.
    (5) the assignee or transferee has made an affirmative factual 
showing, supported by affidavits of a person or persons with personal 
knowledge thereof, which established that the proposed transaction would 
involve an assignment or transfer to a minority-owned or minority 
controlled entity in furtherance of our Minority Ownership Policy.
    (b)(1) The commencement date of the one-year period set forth in 
paragraph (a) of this section shall be the date on which the station 
initiated program tests in accordance with Sec. 73.1620 or Sec. 74.14.
    (2) In determining whether the station has been operating on-air for 
one year, the FCC will calculate the period between the date of 
initiation of program tests (as specified in paragraph (b)(1) of this 
section) and the date the application for transfer or assignment is 
tendered for filing with the FCC.
    (c)(1) As used in paragraphs (c) and (d) of this section:
    (i) Unbuilt station refers to an AM, FM, or TV broadcast station or 
a low power TV or TV translator station for which a construction permit 
is outstanding, and, regardless of the stage of physical completion, as 
to which program tests have not commenced or, if required, been 
authorized.
    (ii) Seller includes the assignor(s) of a construction permit for an 
unbuilt station, the transferor(s) of control of the holder of such 
construction permit, and any principal or such assignor(s) or 
transferor(s) who retains an interest in the permittee or acquires or 
reacquires such interest within 1 year after commencing program tests.
    (iii) The provisions of paragraphs (c) and (d) of this section apply 
only to mutually exclusive noncommercial educational applications filed 
on or after the release of the Report and Order in MM Docket 98-43, 
where the construction permit is issued pursuant to settlement 
agreement.
    (2) The FCC will not consent to the assignment or transfer of 
control of the construction permit of an unbuilt station if the 
agreements or understandings between the parties provide for, or permit, 
payment to the seller of a sum in excess of the aggregate amount clearly 
shown to have been legitimately and prudently expended and to be 
expended by the seller, solely for preparing, filing, and advocating the 
grant of the construction permit for the station, and for other steps 
reasonably necessary toward placing the station in operation.
    (3)(i) Applications for consent to the assignment of a construction 
permit or transfer of control shall, in the case of unbuilt stations, be 
accompanied by declarations both by the assignor (or transferor) and by 
the assignee (or transferee) that, except as clearly disclosed in detail 
in the applications,

[[Page 367]]

there are no agreements or understandings for reimbursement of the 
seller's expenses or other payments to the seller, for the seller's 
retention of any interest in the station, for options or any other means 
by which the seller may acquire such an interest, or for any other 
actual or potential benefit to the seller in the form of loans, the 
subsequent repurchase of the seller's retained interest, or otherwise.
    (ii) When the seller is to receive reimbursement of his expenses, 
the applications of the parties shall include an itemized accounting of 
such expenses, together with such factual information as the parties 
rely upon for the requisite showing that those expenses represent 
legitimate and prudent outlays made solely for the purposes allowable 
under paragraph (c)(2) of this section.
    (d)(1) Whenever an agreement for the assignment of the construction 
permit of an unbuilt station or for the transfer of control of the 
permittee of an unbuilt station, or any arrangement or understanding 
incidental thereto, provides for the retention by the seller of any 
interest in the station, or for any other actual or potential benefit to 
the seller in the form of loans or otherwise, the question is raised as 
to whether the transaction involves actual or potential gain to the 
seller over and above the legitimate and prudent out-of-pocket expenses 
allowable under paragraph (c)(2) of this section. In such cases the FCC 
will designate the assignment or transfer applications for evidentiary 
hearing. However, a hearing is not mandatory in cases coming within 
paragraph (d)(2) of this section.
    (2) It is not intended to forbid the seller to retain an equity 
interest in an unbuilt station which he is transferring or assigning if 
the seller obligates himself, for the period ending 1 year after 
commencing program tests, to provide that part of the total capital made 
available to the station, up to the end of that period, which is 
proportionate to the seller's equity share in the permittee, taking into 
account equity capital, loan capital, and guarantees of interest and 
amortization payments for loan capital provided by the seller before the 
transfer or assignment. This condition will be satisfied:
    (i) In the case of equity capital: By paid-in cash capital 
contributions proportionate to the seller's equity share;
    (ii) In cases where any person who has an equity interest in the 
permittee provides loan capital: By the seller's provision of that part 
of the total loan capital provided by equity holders which is 
proportionate to the seller's equity share; and
    (iii) In cases where any person cosigns or otherwise guarantees 
payments under notes given for loan capital provided by nonequity 
holders: By similar guarantees by the seller covering that part of such 
payments as is proportionate to the seller's equity share. However, this 
condition shall not be deemed to be met if the guarantees given by 
persons other than the seller cover, individually or collectively, a 
larger portion of such payments than the ratio of the combined equities 
of persons other than the seller to the total equity.
    (3) In cases which are subject to the requirements of paragraphs 
(d)(2) (i), (ii) and (iii) of this section:
    (i) The assignee's (or transferee's) application shall include a 
showing of the anticipated capital needs of the station through the 
first year of its operation and the seller's financial capacity to 
comply with the above requirements, in the light of such anticipated 
capital needs.
    (ii) The FCC will determine from its review of the applications 
whether a hearing is necessary to ensure compliance with the above 
requirements.
    (iii) Compliance with the above requirements will be subject to 
review by the FCC at any time, either when considering subsequently 
filed applications or whenever the FCC may otherwise find it desirable.
    (iv) Within 30 days after any time when a seller is required to 
provide equity or loan capital or execute guarantees, the permittee 
shall furnish the FCC a written report containing sufficient details as 
to the sources and amounts of equity capital paid in, loan capital made 
available, or guarantees obtained as to enable the FCC to ascertain 
compliance with the above requirements.
    (v) No steps shall be taken by the permittee to effectuate 
arrangements

[[Page 368]]

for the provision of equity or loan capital from sources not previously 
identified and disclosed to the FCC, until 30 days after the permittee 
has filed with the FCC a report of such arrangements and of provisions 
made for the seller's compliance with the above requirement.
    (vi) The provisions of paragraphs (d)(3) (iv) and (v) of this 
section shall cease to apply 1 year after commencing program tests.
    (4) Applications subject to this paragraph (d) of this section will, 
in any event, be designated for evidentiary hearing in any case where 
the agreements, arrangements or understandings with the seller provide 
for the seller's option to acquire equity in the station or to increase 
equity interests he retains at the time of the assignment or transfer of 
control. An evidentiary hearing will similarly be held in any case in 
which the assignee(s), transferee(s) or any of their principals, or any 
person in privity therewith, has an option to purchase all or part of 
the seller's retained or subsequently acquired equity interests in the 
station.

[44 FR 38509, July 2, 1979, as amended at 47 FR 24580, June 7, 1982; 47 
FR 55930, Dec. 14, 1982; 48 FR 9012, Mar. 3, 1983; 48 FR 27207, June 13, 
1983; 50 FR 6946, Feb. 19, 1985; 53 FR 36787, Sept. 22, 1988; 63 FR 
70050, Dec. 18, 1998]



Sec. 73.3598  Period of construction.

    (a) Except as provided in the last two sentences of this paragraph 
(a), each original construction permit for the construction of a new TV, 
AM, FM or International Broadcast; low power TV; low power FM; TV 
translator; TV booster; FM translator; or FM booster station, or to make 
changes in such existing stations, shall specify a period of three years 
from the date of issuance of the original construction permit within 
which construction shall be completed and application for license filed. 
An eligible entity that acquires an issued and outstanding construction 
permit for a station in any of the services listed in this paragraph (a) 
shall have the time remaining on the construction permit or eighteen 
months from the consummation of the assignment or transfer of control, 
whichever is longer, within which to complete construction and file an 
application for license. For purposes of the preceding sentence, an 
``eligible entity'' shall include any entity that qualifies as a small 
business under the Small Business Administration's size standards for 
its industry grouping, as set forth in 13 CFR parts 121 through 201, at 
the time the transaction is approved by the FCC, and holds:
    (1) 30 percent or more of the stock or partnership interests and 
more than 50 percent of the voting power of the corporation or 
partnership that will hold the construction permit; or
    (2) 15 percent or more of the stock or partnership interests and 
more than 50 percent of the voting power of the corporation or 
partnership that will hold the construction permit, provided that no 
other person or entity owns or controls more than 25 percent of the 
outstanding stock or partnership interests; or
    (3) More than 50 percent of the voting power of the corporation that 
will hold the construction permit if such corporation is a publicly 
traded company.
    (b) The period of construction for an original construction permit 
shall toll when construction is prevented by the following causes not 
under the control of the permittee:
    (1) Construction is prevented due to an act of God, defined in terms 
of natural disasters (e.g., floods, tornados, hurricanes, or 
earthquakes);
    (2) The grant of the permit is the subject of administrative or 
judicial review (i.e., petitions for reconsideration and applications 
for review of the grant of a construction permit pending before the 
Commission and any judicial appeal of any Commission action thereon), or 
construction is delayed by any cause of action pending before any court 
of competent jurisdiction relating to any necessary local, state or 
federal requirement for the construction or operation of the station, 
including any zoning or environmental requirement;
    (3) A request for international coordination, with respect to an 
original construction permit for a new DTV station, has been sent to 
Canada or Mexico on behalf of the station and no response from the 
country affected has been received, or the licensee or permittee is 
challenging the response

[[Page 369]]

from Canada or Mexico on the grounds that the facility as approved would 
not permit the station to serve the population that is both approved by 
the Commission and served by the station's TV (analog) facility to be 
vacated by June 12, 2009;
    (4) A request for international coordination, with respect to a 
construction permit for stations in the Low Power FM service, on FM 
channels reserved for noncommercial educational use, and for 
noncommercial educational full power television stations, has been sent 
to Canada or Mexico on behalf of the station and no response from the 
country affected has been received; or
    (5) Failure of a Commission-imposed condition precedent prior to 
commencement of operation.
    (c) A permittee must notify the Commission as promptly as possible 
and, in any event, within 30 days, of any pertinent event covered by 
paragraph (b) of this section, and provide supporting documentation. All 
notifications must be filed in triplicate with the Secretary and must be 
placed in the station's local public file. For authorizations to 
construct stations in the Low Power FM service, on FM channels reserved 
for noncommercial educational use, and for noncommercial educational 
full power television stations, the Commission will identify and grant 
an initial period of tolling when the grant of a construction permit is 
encumbered by administrative or judicial review under the Commission's 
direct purview (e.g., petitions for reconsideration and applications for 
review of the grant of a construction permit pending before the 
Commission and any judicial appeal of any Commission action thereon), a 
request for international coordination under paragraph (b)(4) of this 
section, or failure of a condition under paragraph (b)(5) of this 
section. When a permit is encumbered by administrative or judicial 
review outside of the Commission's direct purview (e.g., local, state, 
or non-FCC Federal requirements), the permittee is required to notify 
the Commission of such tolling events.
    (d) A permittee must notify the Commission promptly when a relevant 
administrative or judicial review is resolved. Tolling resulting from an 
act of God will automatically cease six months from the date of the 
notification described in paragraph (c) of this section, unless the 
permittee submits additional notifications at six-month intervals 
detailing how the act of God continues to cause delays in construction, 
any construction progress, and the steps it has taken and proposes to 
take to resolve any remaining impediments. For authorizations to 
construct stations in the Low Power FM service, on FM channels reserved 
for noncommercial educational use, and for noncommercial educational 
full power television stations, the Commission will cease the tolling 
treatment and notify the permittee upon resolution of either:
    (1) Any encumbrance by administrative or judicial review of the 
grant of the construction permit under the Commission's direct purview;
    (2) The request for international coordination under paragraph 
(b)(4) of this section; or
    (3) The condition on the commencement of operations under paragraph 
(b)(5) of this section.
    (e) Any construction permit for which construction has not been 
completed and for which an application for license has not been filed, 
shall be automatically forfeited upon expiration without any further 
affirmative cancellation by the Commission.

[63 FR 70050, Dec. 18, 1998, as amended at 65 FR 7648, Feb. 15, 2000; 68 
FR 12761, Mar. 17, 2003; 69 FR 53352, Sept. 1, 2004; 73 FR 5684, Jan. 
30, 2008; 73 FR 28369, May 16, 2008; 74 FR 8879, Feb. 27, 2009; 85 FR 
7890, Feb. 12, 2020]



Sec. 73.3601  Simultaneous modification and renewal of license.

    When an application is granted by the FCC necessitating the issuance 
of a modified license less than 60 days prior to the expiration date of 
the license sought to be modified, and an application for renewal of the 
license is granted subsequent or prior thereto (but within 30 days of 
expiration of the present license), the modified license as well as the 
renewal license shall be issued to conform to the combined action of the 
FCC.

[44 FR 38511, July 2, 1979]

[[Page 370]]



Sec. 73.3603  Special waiver procedure relative to applications.

    (a) In the case of any broadcast applications designated for 
hearing, the parties may request the FCC to grant or deny an application 
upon the basis of the information contained in the applications and 
other papers specified in paragraph (b) of this section without the 
presentation of oral testimony. Any party desiring to follow this 
procedure should execute and file with the FCC a waiver in accordance 
with paragraph (e) of this section, and serve copies on all other 
parties, or a joint waiver may be filed by all the parties. Upon the 
receipt of waivers from all parties to a proceeding, the FCC will decide 
whether the case is an appropriate one for determination without the 
presentation of oral testimony. If it is determined by the FCC that, 
notwithstanding the waivers, the presentation of oral testimony is 
necessary, the parties will be so notified and the case will be retained 
on the hearing docket. If the FCC concludes that the case can 
appropriately be decided without the presentation of oral testimony, the 
record will be considered as closed as of the date the waivers of all 
the parties were first on file with the FCC.
    (b) In all cases considered in accordance with this procedure, the 
FCC will decide the case on the basis of the information contained in 
the applications and in any other papers pertaining to the applicants or 
applications which are open to public inspection and which were on file 
with the FCC when the record was closed. The FCC may call upon any party 
to furnish any additional information which the FCC deems necessary to a 
proper decision. Such information shall be served upon all parties. The 
waiver previously executed by the parties shall be considered in effect 
unless within 10 days of the service of such information the waiver is 
withdrawn.
    (c) Any decision by the FCC rendered pursuant to this section will 
be in the nature of a final decision, unless otherwise ordered by the 
FCC.
    (d) By agreeing to the waiver procedure prescribed in this section, 
no party shall be deemed to waive the right to petition for 
reconsideration or rehearing, or to appeal to the courts from any 
adverse final decision of the FCC.
    (e) The waiver provided for by this section shall be in the 
following form:

                                 Waiver

Name of applicant.......................................................
Call letters............................................................
Docket No...............................................................

    The undersigned hereby requests the FCC to consider its application 
and grant or deny it in accordance with the procedure prescribed in 
Sec. 73.3603 of the FCC's rules and regulations. It is understood that 
all the terms and provisions of ____ are incorporated in this waiver.

[44 FR 38511, July 2, 1979]



Sec. 73.3605  Retention of applications in hearing status after designation for hearing.

    (a) After an application for a broadcast facility is designated for 
hearing, it will be retained in hearing status upon the dismissal or 
amendment and removal from hearing of any other application or 
applications with which it has been consolidated for hearing.
    (b) Where any applicants for a broadcast facility file a request 
pursuant to Sec. 73.3525(a) for approval of an agreement to remove a 
conflict between their applications, the applications will be retained 
in hearing status pending such proceedings on the joint request as may 
be ordered and such action thereon as may be taken.
    (1) If further hearing is not required on issues other than those 
arising out of the agreement, the proceeding shall be terminated and 
appropriate disposition shall be made of the applications.
    (2) Where further hearing is required on issues unrelated to the 
agreement, the presiding officer shall continue to conduct the hearing 
on such other issues pending final action on the agreement, but the 
record in the proceeding shall not be closed until such final action on 
the agreement has been taken.
    (3) In any case where a conflict between applications will be 
removed by an agreement for an engineering amendment to an application, 
the amended application shall be removed from hearing status upon final 
approval of the agreement and acceptance of the amendment.

[[Page 371]]

    (c) An application for a broadcast facility which has been 
designated for hearing and which is amended so as to eliminate the need 
for hearing or further hearing on the issues specified, other than as 
provided for in paragraph (b) of this section, will be removed from 
hearing status.

[44 FR 38511, July 2, 1979]



Sec. 73.3612  Annual employment report.

    Each licensee or permittee of a commercially or noncommercially 
operated AM, FM, TV, Class A TV or International Broadcast station with 
five or more full-time employees shall file an annual employment report 
with the FCC on or before September 30 of each year on FCC Form 395-B.

    Note to Sec. 73.3612: Data concerning the gender, race and 
ethnicity of a broadcast station's workforce collected in the annual 
employment report will be used only for purposes of analyzing industry 
trends and making reports to Congress. Such data will not be used for 
the purpose of assessing any aspect of an individual broadcast 
licensee's compliance with the equal employment opportunity requirements 
of Sec. 73.2080.

[69 FR 34954, June 23, 2004]



Sec. 73.3613  Availability to FCC of station contracts.

    Each licensee or permittee of a commercial or noncommercial AM, FM, 
TV or International broadcast station shall provide the FCC with copies 
of the following contracts, instruments, and documents together with 
amendments, supplements, and cancellations (with the substance of oral 
contracts reported in writing), within 7 days of a request by the FCC.
    (a) Network service: Network affiliation contracts between stations 
and networks will be reduced to writing and filed upon request as 
follows:
    (1) All network affiliation contracts, agreements, or understandings 
between a TV broadcast or low power TV station and a national network. 
For the purposes of this paragraph the term network means any person, 
entity, or corporation which offers an interconnected program service on 
a regular basis for 15 or more hours per week to at least 25 affiliated 
television licensees in 10 or more states; and/or any person, entity, or 
corporation controlling, controlled by, or under common control with 
such person, entity, or corporation.
    (2) Each such filing shall consist of all of the terms and 
conditions of such contract, agreement or understanding, including any 
other paper or document incorporated by reference or otherwise.
    (b) Ownership or control: Contracts, instruments or documents 
relating to the present or future ownership or control of the licensee 
or permittee or of the licensee's or permittee's stock, rights or 
interests therein, or relating to changes in such ownership or control 
shall include but are not limited to the following:
    (1) Articles of partnership, association, and incorporation, and 
changes in such instruments;
    (2) Bylaws, and any instruments effecting changes in such bylaws;
    (3) Any agreement, document or instrument providing for the 
assignment of a license or permit, or affecting, directly or indirectly, 
the ownership or voting rights of the licensee's or permittee's stock 
(common or preferred, voting or nonvoting), such as:
    (i) Agreements for transfer of stock;
    (ii) Instruments for the issuance of new stock; or
    (iii) Agreements for the acquisition of licensee's or permittee's 
stock by the issuing licensee or permittee corporation, pledges, trust 
agreements or abstracts thereof, options to purchase stock and other 
executory agreements. Should the FCC request an abstract of the trust 
agreement in lieu of the trust agreement, the licensee or permittee will 
submit the following information concerning the trust:
    (A) Name of trust;
    (B) Duration of trust;
    (C) Number of shares of stock owned;
    (D) Name of beneficial owner of stock;
    (E) Name of record owner of stock;
    (F) Name of the party or parties who have the power to vote or 
control the vote of the shares; and
    (G) Any conditions on the powers of voting the stock or any unusual 
characteristics of the trust.
    (4) Proxies with respect to the licensee's or permittee's stock 
running for a period in excess of 1 year, and all proxies, whether or 
not running for a period

[[Page 372]]

of 1 year, given without full and detailed instructions binding the 
nominee to act in a specified manner. With respect to proxies given 
without full and detailed instructions, a statement showing the number 
of such proxies, by whom given and received, and the percentage of 
outstanding stock represented by each proxy shall be submitted by the 
licensee or permittee if the stock covered by such proxies has been 
voted. However, when the licensee or permittee is a corporation having 
more than 50 stockholders, such complete information need be filed only 
with respect to proxies given by stockholders who are officers or 
directors, or who have 1% or more of the corporation's voting stock. 
When the licensee or permittee is a corporation having more than 50 
stockholders and the stockholders giving the proxies are not officers or 
directors or do not hold 1% or more of the corporation's stock, the only 
information required to be filed is the name of any person voting 1% or 
more of the stock by proxy, the number of shares voted by proxy by such 
person, and the total number of shares voted at the particular 
stockholders' meeting in which the shares were voted by proxy.
    (5) Mortgage or loan agreements containing provisions restricting 
the licensee's or permittee's freedom of operation, such as those 
affecting voting rights, specifying or limiting the amount of dividends 
payable, the purchase of new equipment, or the maintenance of current 
assets.
    (6) Any agreement reflecting a change in the officers, directors or 
stockholders of a corporation, other than the licensee or permittee, 
having an interest, direct or indirect, in the licensee or permittee as 
specified by Sec. 73.3615.
    (7) Agreements providing for the assignment of a license or permit 
or agreements for the transfer of stock filed in accordance with FCC 
application Forms 314, 315, 316 need not be resubmitted pursuant to the 
terms of this rule provision.
    (c) Personnel: (1) Management consultant agreements with independent 
contractors; contracts relating to the utilization in a management 
capacity of any person other than an officer, director, or regular 
employee of the licensee or permittee; station management contracts with 
any persons, whether or not officers, directors, or regular employees, 
which provide for both a percentage of profits and a sharing in losses; 
or any similar agreements.
    (2) The following contracts, agreements, or understandings need not 
be filed: Agreements with persons regularly employed as general or 
station managers or salesmen; contracts with program managers or program 
personnel; contracts with attorneys, accountants or consulting radio 
engineers; contracts with performers; contracts with station 
representatives; contracts with labor unions; or any similar agreements.
    (d) Other agreements: Subchannel leasing agreements for Subsidiary 
Communications Authorization operation; franchise/leasing agreements for 
operation of telecommunications services on the television vertical 
blanking interval and in the visual signal; time sales contracts with 
the same sponsor for 4 or more hours per day, except where the length of 
the events (such as athletic contests, musical programs and special 
events) broadcast pursuant to the contract is not under control of the 
station; and contracts with chief operators or other engineering 
personnel.

[44 FR 38512, July 2, 1979, as amended at 47 FR 21496, May 18, 1982; 50 
FR 4664, Feb. 1, 1985; 50 FR 30951, July 31, 1985; 51 FR 9966, Mar. 24, 
1986; 51 FR 15785, Apr. 28, 1986; 57 FR 18093, Apr. 29, 1992; 57 FR 
42706, Sept. 16, 1992; 61 FR 36305, July 10, 1996; 63 FR 70050, Dec. 18, 
1998; 64 FR 50646, Sept. 17, 1999; 66 FR 9972, Feb. 13, 2001; 68 FR 
46358, Aug. 5, 2003; 79 FR 29006, May 20, 2014; 83 FR 757, Jan. 8, 2018; 
83 FR 85558, Dec. 21, 2018]



Sec. 73.3615  Ownership reports.

    (a) The Ownership Report for Commercial Broadcast Stations (FCC Form 
323) must be filed electronically every two years by each licensee of a 
commercial AM, FM, or TV broadcast station and any entity that holds an 
interest in the licensee that is attributable pursuant to Sec. 73.3555 
(each a ``Respondent''). The ownership report shall be filed by December 
1 in all odd-numbered years. Each ownership report shall provide all 
information required

[[Page 373]]

by, and comply with all requirements set forth in, the version of FCC 
Form 323 (including all instructions for the form and schedule) that is 
current on October 1 of the year in which the ownership report is filed. 
The information provided on each ownership report shall be current as of 
October 1 of the year in which the ownership report is filed. A 
Respondent with a current and unamended biennial ownership report (i.e., 
an ownership report that was filed pursuant to this subsection) on file 
with the Commission that is still accurate and which was filed using the 
version of FCC Form 323 that is current on October 1 of the year in 
which its biennial ownership report is due may electronically validate 
and resubmit its previously filed biennial ownership report.
    (b)(1) Each permittee of a commercial AM, FM or TV broadcast station 
and any entity that holds an interest in the permittee that is 
attributable pursuant to Sec. 73.3555 (each a ``Respondent'') shall 
file an ownership report on FCC Form 323 within 30 days of the date of 
grant by the FCC of an application by the permittee for original 
construction permit. Each ownership report shall provide all information 
required by, and comply with all requirements set forth in, the version 
of FCC Form 323 (including all instructions for the form and schedule) 
that is current on the date on which the ownership report is filed.
    (2) Except as specifically noted below, each permittee of a 
commercial AM, FM or TV broadcast station and any entity that holds an 
interest in the permittee that is attributable pursuant to Sec. 73.3555 
(each a ``Respondent'') shall file an ownership report on FCC Form 323 
on the date that the permittee applies for a station license. Each 
ownership report shall provide all information required by, and comply 
with all requirements set forth in, the version of FCC Form 323 
(including all instructions for the form and schedule) that is current 
on the date on which the ownership report is filed. If a Respondent has 
a current and unamended ownership report on file with the Commission 
that was filed pursuant to paragraphs (b)(1) or (c) of this section, was 
submitted using the version of FCC Form 323 that is current on the date 
on which the ownership report due pursuant to paragraph(b)(2) is filed, 
and is still accurate, the Respondent may certify that it has reviewed 
such ownership report and that it is accurate, in lieu of filing a new 
ownership report.
    (c) Each permittee or licensee of a commercial AM, FM or TV 
broadcast station and any entity that holds an interest in the permittee 
or licensee that is attributable pursuant to Sec. 73.3555 (each a 
``Respondent''), shall file an ownership report on FCC Form 323 within 
30 days of consummating authorized assignments or transfers of permits 
and licenses. Each ownership report shall provide all information 
required by, and comply with all requirements set forth in, the version 
of FCC Form 323 (including all instructions for the form and schedule) 
that is current on the date on which the ownership report is filed.
    (d) The Ownership Report for Noncommercial Broadcast Stations (FCC 
Form 323-E) must be filed electronically every two years by each 
licensee of a noncommercial educational AM, FM or TV broadcast station 
and any entity that holds an interest in the licensee that is 
attributable pursuant to Sec. 73.3555 (each a ``Respondent''). The 
ownership report shall be filed by December 1 in all odd-numbered years. 
Each ownership report shall provide all information required by, and 
comply with all requirements set forth in, the version of FCC Form 323-E 
(including all instructions for the form and schedule) that is current 
on October 1 of the year in which the ownership report is filed. The 
information provided on each ownership report shall be current as of 
October 1 of the year in which the ownership report is filed. A 
Respondent with a current and unamended biennial ownership report (i.e., 
an ownership report that was filed pursuant to this subsection) on file 
with the Commission that is still accurate and which was filed using the 
version of FCC Form 323-E that is current on October 1 of the year in 
which its biennial ownership report is due may electronically validate 
and resubmit its previously filed biennial ownership report.
    (e)(1) Each permittee of a noncommercial educational AM, FM or TV

[[Page 374]]

broadcast station and any entity that holds an interest in the permittee 
that is attributable pursuant to Sec. 73.3555 (each a ``Respondent'') 
shall file an ownership report on FCC Form 323-E within 30 days of the 
date of grant by the FCC of an application by the permittee for original 
construction permit. Each ownership report shall provide all information 
required by, and comply with all requirements set forth in, the version 
of FCC Form 323-E (including all instructions for the form and schedule) 
that is current on the date on which the ownership report is filed.
    (2) Except as specifically noted below, each permittee of a 
noncommercial educational AM, FM or TV broadcast station and any entity 
that holds an interest in the permittee that is attributable pursuant to 
Sec. 73.3555 (each a ``Respondent'') shall file an ownership report on 
FCC Form 323-E on the date that the permittee applies for a station 
license. Each ownership report shall provide all information required 
by, and comply with all requirements set forth in, the version of FCC 
Form 323-E (including all instructions for the form and schedule) that 
is current on the date on which the ownership report is filed. If a 
Respondent has a current and unamended ownership report on file with the 
Commission that was filed pursuant to paragraphs (e)(1) or (f) of this 
section, was submitted using the version of FCC Form 323-E that is 
current on the date on which the ownership report due pursuant to this 
subsection is filed, and is still accurate, the Respondent may certify 
that it has reviewed such ownership report and that it is accurate, in 
lieu of filing a new ownership report.
    (f) Each permittee or licensee of a noncommercial educational AM, FM 
or TV broadcast station, and any entity that holds an interest in the 
permittee or licensee that is attributable pursuant to Sec. 73.3555 
(each a ``Respondent''), shall file an ownership report on FCC Form 323-
E within 30 days of consummating authorized assignments or transfers of 
permits and licenses. Each ownership report shall provide all 
information required by, and comply with all requirements set forth in, 
the version of FCC Form 323-E (including all instructions for the form 
and schedule) that is current on the date on which the ownership report 
is filed.
    (g) A copy of all ownership and supplemental ownership reports and 
related materials filed pursuant to this section shall be maintained and 
made available for public inspection in the online public inspection 
file as required by Sec. Sec. 73.3526 and 73.3527.

[44 FR 38513, July 2, 1979, as amended at 49 FR 19498, May 8, 1984; 50 
FR 27450, July 3, 1985; 50 FR 40016, Oct. 1, 1985; 53 FR 2499, Jan. 28, 
1988; 53 FR 5684, Feb. 25, 1988; 63 FR 70050, Dec. 18, 1998; 66 FR 9973, 
Feb. 13, 2001; 66 FR 12897, Mar. 1, 2001; 74 FR 25168, May 27, 2009; 74 
FR 56134, Oct. 30, 2009; 81 FR 19459, Apr. 4, 2016; 82 FR 55771, Nov. 
24, 2017; 85 FR 21078, Apr. 16, 2020]



Sec. 73.3617  Information available on the internet.

    The Media Bureau and each of its Divisions provide information on 
the internet regarding rules and policies, pending and completed 
rulemakings, and pending applications. These sites also include copies 
of public notices and texts of recent decisions. The Media Bureau's 
address is http://www.fcc.gov/mb/; the Audio Division's address is 
http://www.fcc.gov/mb/audio; the Video Division's address is http://
www.fcc.gov/mb/video; the Policy Division's address is http://
www.fcc.gov/mb/policy; and the Industry Analysis Division's address is 
http://www.fcc.gov/mb/industry_analysis.

[85 FR 58297, Sept. 18, 2020]



Sec. 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.

[[Page 375]]

    (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 Sec. 1.2200(d) of this chapter, was 
submitted, or a broadcast television station for which a winning license 
relinquishment bid, as defined in Sec. 1.2200(g) of this chapter, was 
submitted where the station licensee executes and implements a post-
auction channel sharing agreement.
    (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 Sec. 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 Sec. 
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 Sec. 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

[[Page 376]]

stations must file a minor change application for a construction permit 
for the channel specified in the Channel Reassignment Public Notice 
using FCC Form 2100 Schedule A (for a full power station) or E (for a 
Class A station) 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 a loss in 
population served in excess of one percent as a result of the repacking 
process, either because of new station-to-station interference or 
terrain loss resulting from a new channel assignment (or a combination 
of both), 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) of this section.
    (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.
    (vii) Channel sharee stations must file a minor change application 
for a construction permit for the channel on which the channel sharer 
operates at least sixty (60) days prior to the date by which it must 
terminate operations on its pre-auction channel pursuant to

[[Page 377]]

paragraphs (b)(4)(i) and (ii) of this section. The application must 
include a copy of the executed channel sharing agreement.
    (2) Applications for alternate channels and expanded facilities--
    (i) Alternate channels. The licensee of a reassigned station, a UHF-
to-VHF station, or 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 2100 Schedules A (for a full 
power station) and E (for a Class A station) 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, or 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 2100 Schedules A (for a full power station) and E 
(for a Class A station) 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) of this section 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 
Sec. 73.3572(a)(1) and (2) or Sec. 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 2100 
Schedule B (for a full power station) or F (for a Class A station) 
within six 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 Sec. 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 and a licensee of a 
license relinquishment station that has indicated in its Form 177 an 
intent to enter into a post-auction channel sharing agreement must 
comply with the notification and cancellation procedures in Sec. 
73.1750 and terminate operations on its pre-auction channel within six 
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

[[Page 378]]

period as defined in Sec. 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 Sec. 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.

[[Page 379]]

    (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 Sec. 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:

[[Page 380]]

    (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.

[[Page 381]]

    (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) [Reserved]
    (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 Sec. Sec. 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 
operations, as defined in Sec. 27.4 of this chapter, 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, as defined in Sec. 27.4 of this chapter, 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 defined in Sec. 27.4 of this chapter, as indicated in 
the notification sent pursuant to this paragraph.

[[Page 382]]

    (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 Sec. 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, as defined 
in Sec. 27.4 of this chapter, 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) Upon termination of the license of a party to a CSA, the 
spectrum usage rights covered by that license may revert to the 
remaining parties to the CSA. Such reversion shall be governed by the 
terms of the CSA in accordance with paragraph (h)(5)(i)(E) of this 
section. If upon termination of the license of a party to a CSA only one 
party to the CSA remains, the remaining licensee may file an application 
to change its license to non-shared status using FCC Form 2100, Schedule 
B (for a full power licensee) or F (for a Class A licensee).
    (3) 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 Sec. Sec. 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 Sec. 76.56(b)(3) of this chapter.
    (4) 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 Sec. 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 Sec. 73.621.
    (iii) If the licensee of an NCE station operating on a reserved 
channel under Sec. 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 Sec. 73.621 that becomes a party to a CSA may assign or transfer 
its shared license only to an entity qualified under Sec. 73.621 as an 
NCE television licensee.
    (5) 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

[[Page 383]]

description of each party's financial obligations, and any relevant 
notice provisions;
    (D) Transfer/assignment of a shared license, including the ability 
of a new licensee to assume the existing CSA; and
    (E) Termination of the license of a party to the CSA, including 
reversion of spectrum usage rights to the remaining parties to the CSA.
    (ii) CSAs must include provisions:
    (A) Affirming compliance with the requirements in paragraph (h)(5) 
of this section and all relevant Commission rules and policies; 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.
    (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.
    (i) A broadcast television station licensed in the 600 MHz band, as 
that band is defined in section 27.5(l)--
    (1) Shall not be permitted to modify its facilities, except as 
provided in paragraph (b)(1)(ii) of this section, if such modification 
will expand its noise limited service contour (in the case of a full 
power station) or protected contour (in the case of a Class A station) 
in such a way as to:
    (i) Increase the potential of harmful interference to a wireless 
licensee which is co-channel or adjacent channel to the broadcast 
television station; or
    (ii) Require such a wireless licensee to restrict its operations in 
order to avoid causing harmful interference to the broadcast television 
station's expanded noise limited service or protected contour;
    (2) Shall be permitted to modify its facilities, even when 
prohibited by paragraph (i)(1) of this section, if all the wireless 
licensees in paragraph (i)(1) who either will experience an increase in 
the potential for harmful interference or must restrict their operations 
in order to avoid causing interference agree to permit the modification 
and the modification otherwise meets all the requirements in this part;
    (3) For purposes of this section, the following definitions apply:
    (i) Co-channel operations in the 600 MHz band are defined as 
operations of broadcast television stations and wireless services where 
their assigned channels or frequencies spectrally overlap.
    (ii) Adjacent channel operations are defined as operations of 
broadcast television stations and wireless services where their assigned 
channels or frequencies spectrally abut each other or are separated by 
up to 5 MHz.

[79 FR 48539, Aug. 15, 2014, as amended at 79 FR 76914, Dec. 23, 2014; 
80 FR 46846, Aug. 6, 2015; 80 FR 67342, 67346, Nov. 2, 2015; 80 FR 
71743, Nov. 17, 2015; 81 FR 4975, Jan. 29, 2016; 86 FR 66213, Nov. 22, 
2021]



Sec. 73.3701  Reimbursement under the Reimbursement Expansion Act.

    (a) Definitions--(1) Eligibility Certification/Reimbursement Form. 
For purposes of this section, the term Eligibility Certification/
Reimbursement Form means the form(s) developed by the Media Bureau for 
processing reimbursement requests under the Reimbursement Expansion Act.
    (2) FM station. For purposes of this section, the term FM station 
means an ``FM broadcast station'' as defined in Sec. 73.310.
    (3) Incentive Auction. For purposes of this section, the term 
Incentive Auction means the broadcast television spectrum incentive 
auction and repacking process conducted under section 6403 of the 
Spectrum Act specifying the new channel assignments and technical 
parameters of any broadcast television

[[Page 384]]

stations that are reassigned to new channels.
    (4) Licensed. For purposes of this section, the term licensed means 
a station that was licensed or that had an application for a license to 
cover on file with the Commission on April 13, 2017.
    (5) Low power television station. For purposes of this section, the 
term low power television station means a low power television station 
as defined in 47 CFR 74.701.
    (6) 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.
    (7) Reimbursement Expansion Act or REA. For purposes of this 
section, the term Reimbursement Expansion Act or REA means Division E, 
Financial Services & General Appropriation Act, 2018, Title V 
Independent Agencies, Public Law 115-141, Section 511 (codified at 47 
U.S.C. 1452(j)-(n)) adopted as part of the Consolidated Appropriations 
Act, 2018, Public Law 115-141 (2018).
    (8) Reimbursement period. For purposes of this section, 
reimbursement period means the period ending July 3, 2023, pursuant to 
section 511(j)(3)(B) of the REA.
    (9) Replacement translator station. For purposes of this section, 
the term replacement translator station means analog to digital 
replacement translator stations authorized pursuant to 47 CFR 
74.787(a)(5).
    (10) Spectrum Act. For purposes of this section, the term Spectrum 
Act means Title VI of the Middle Class Tax Relief and Job Creation Act 
of 2012 (Pub. L. 112-96).
    (11) Special Displacement Window. For purposes of this section, the 
term Special Displacement Window means the displacement application 
filing window conducted April 10, 2018 to June 1, 2018 for low power 
television, TV translator, and analog-to-digital replacement translator 
stations that were displaced by the incentive auction and repacking 
process.
    (12) Transmitting. For purposes of this section, the term 
transmitting means a low power television station, TV translator 
station, or replacement translator station operating not less than 2 
hours in each day of the week and not less than a total of 28 hours per 
calendar week for 9 of the 12 months prior to April 13, 2017.
    (13) Reimbursement Fund. For purposes of this section, the 
Reimbursement Fund means the additional funding established by the REA.
    (14) TV translator station. For purposes of this section, the term 
TV translator station means a ``television broadcast translator 
station'' as defined in 47 CFR 74.701.
    (b) Eligibility for reimbursement. Only the following entities are 
eligible for reimbursement of relocation costs reasonably incurred:
    (1) Low power television stations. Low power television stations 
that filed an application for construction permit during the Special 
Displacement Window and such application was subsequently granted. 
Station must have been licensed and transmitting for not less than 2 
hours in each day of the week and not less than a total of 28 hours per 
calendar week for 9 of the 12 months prior to April 13, 2017.
    (2) TV translator stations. TV translator stations that filed an 
application for construction permit during the Special Displacement 
Window and such application was subsequently granted. Station must have 
been licensed and transmitting for not less than 2 hours in each day of 
the week and not less than a total of 28 hours per calendar week for 9 
of the 12 months prior to April 13, 2017.
    (3) Replacement translator stations. Replacement translator stations 
that filed an application for construction permit during the Special 
Displacement Window and such application was subsequently granted. 
Station must have been licensed and transmitting for not less than 2 
hours in each day of the week and not less than a total of 28 hours per 
calendar week for 9 of the 12 months prior to April 13, 2017.
    (4) FM station. FM stations licensed and transmitting as of April 
13, 2017, that experienced, at the site at which they were licensed and 
transmitting on that date, a disruption of service as a result of the 
reorganization of broadcast television spectrum under 47 U.S.C. 1452(b).

[[Page 385]]

    (c) Reimbursement process--(1) Estimated costs. (i) All entities 
that are eligible to receive reimbursement will be required to file an 
estimated cost form providing an estimate of their reasonably incurred 
costs and provide supporting documentation.
    (ii) Each eligible entity that submits an estimated cost form will 
be required to certify on its Eligibility Certification/Reimbursement 
Form inter alia, that:
    (A) It is eligible for reimbursement;
    (B) It believes in good faith that it will reasonably incur all of 
the estimated costs that it claims are eligible for reimbursement on the 
estimated cost form;
    (C) It will use all money received from the Reimbursement Fund only 
for expenses it believes in good faith are eligible for reimbursement;
    (D) It will comply with all policies and procedures relating to 
allocations, draw downs, payments, obligations, and expenditures of 
money from the Reimbursement Fund;
    (E) It will maintain detailed records, including receipts, of all 
costs eligible for reimbursement actually incurred;
    (F) It will file all required documentation of its relocation 
expenses as instructed by the Media Bureau;
    (G) It has not received nor does it expect to receive reimbursement 
from other sources for costs for which they are requesting reimbursement 
from the REA; and
    (H) Low power television stations, TV translator stations, and 
replacement translator stations must certify compliance with the minimum 
operating requirement set forth in paragraph (b)(1), (2), or (3) of this 
section.
    (I) FM stations must certify that they were licensed and 
transmitting at the facility implicated by the Incentive Auction on 
April 13, 2017.
    (iii) If an eligible entity 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.
    (iv) Eligible 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.
    (2) 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 eligible entities that received an initial 
allocation from the Reimbursement 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 an eligible entity 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.
    (3) Final accounting. After completing all construction or 
reimbursable changes, eligible entities that have received money from 
the Reimbursement 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.
    (4) Documentation requirements. (i) Each eligible entity that 
receives payment from the Reimbursement 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 Reimbursement Fund.
    (ii) Each eligible entity that receives payment from the 
Reimbursement Fund must make available all relevant documentation upon 
request from the Commission or its contractor.

[84 FR 11252, Mar. 26, 2019]

[[Page 386]]



Sec. 73.3800  Full power television channel sharing outside the incentive auction.

    (a) Eligibility. Subject to the provisions of this section, a full 
power television station with an auction-related Channel Sharing 
Agreement (CSA) may voluntarily seek Commission approval to relinquish 
its channel to share a single six megahertz channel with a full power, 
Class A, low power, or TV translator television station. An auction-
related CSA is a CSA filed with and approved by the Commission pursuant 
to Sec. 73.3700(b)(1)(vii).
    (b) Licensing of channel sharing stations. (1) Each station sharing 
a single channel pursuant to this section shall continue to be licensed 
and operated separately, have its own call sign, and be separately 
subject to all applicable Commission obligations, rules, and policies.
    (2) A full power television channel sharing station relinquishing 
its channel must file an application for a construction permit (FCC Form 
2100), include a copy of the CSA as an exhibit, and cross reference the 
other sharing station(s). Any engineering changes necessitated by the 
CSA may be included in the station's application. Upon initiation of 
shared operations, the station relinquishing its channel must notify the 
Commission that it has terminated operation pursuant to Sec. 73.1750 
and each sharing station must file an application for license (FCC Form 
2100).
    (c) Channel sharing between full power television stations and Class 
A, Low power television, or TV translator stations. (1) A full power 
television sharee station (defined as a station relinquishing a channel 
in order to share) that is a party to a CSA with a Class A sharer 
station (defined as the station hosting a sharee pursuant to a CSA) must 
comply with the rules governing power levels and interference applicable 
to Class A stations, and must comply in all other respects with the 
rules and policies applicable to full power television stations set 
forth in this part.
    (2) A full power television sharee station that is a party to a CSA 
with a low power television or TV translator sharer station must comply 
with the rules of part 74 of this chapter governing power levels and 
interference applicable to low power television or TV translator 
stations, and must comply in all other respects with the rules and 
policies applicable to full power television stations set forth in this 
part.
    (d) Channel sharing between commercial and noncommercial educational 
television stations. (1) A CSA may be executed between commercial and 
NCE broadcast television station licensees.
    (2) The licensee of an NCE station operating on a reserved channel 
under Sec. 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 Sec. 73.621.
    (3) If the licensee of an NCE station operating on a reserved 
channel under Sec. 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.
    (4) The licensee of an NCE station operating on a reserved channel 
under Sec. 73.621 that becomes a party to a CSA may assign or transfer 
its shared license only to an entity qualified under Sec. 73.621 as an 
NCE television licensee.
    (e) Deadline for implementing CSAs. CSAs submitted pursuant to this 
section must be implemented within three years of the grant of the 
channel sharing construction permit.
    (f) Channel sharing agreements (CSAs). (1) CSAs submitted under this 
section must contain provisions outlining each licensee's rights and 
responsibilities regarding:
    (i) Access to facilities, including whether each licensee will have 
unrestrained access to the shared transmission facilities;
    (ii) Allocation of bandwidth within the shared channel;
    (iii) 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
    (iv) Transfer/assignment of a shared license, including the ability 
of a new licensee to assume the existing CSA; and

[[Page 387]]

    (v) Termination of the license of a party to the CSA, including 
reversion of spectrum usage rights to the remaining parties to the CSA.
    (2) CSAs must include provisions:
    (i) Affirming compliance with the channel sharing requirements in 
this section and all relevant Commission rules and policies; and
    (ii) 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 program stream at all times.
    (g) Termination and assignment/transfer of shared channel. (1) Upon 
termination of the license of a party to a CSA, the spectrum usage 
rights covered by that license may revert to the remaining parties to 
the CSA. Such reversion shall be governed by the terms of the CSA in 
accordance with paragraph (f)(1)(v) of this section. If upon termination 
of the license of a party to a CSA only one party to the CSA remains, 
the remaining licensee may file an application for license to change its 
status to non-shared.
    (2) If the rights under a CSA are transferred or assigned, the 
assignee or the transferee must comply with the terms of the CSA in 
accordance with paragraph (f)(1)(iv) of this section. 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.
    (h) Notice to MVPDs. (1) Stations participating in channel sharing 
agreements must provide notice to MVPDs that:
    (i) No longer will be required to carry the station because of the 
relocation of the station;
    (ii) Currently carry and will continue to be obligated to carry a 
station that will change channels; or
    (iii) Will become obligated to carry the station due to a channel 
sharing relocation.
    (2) The notice required by this section must contain the following 
information:
    (i) Date and time of any channel changes;
    (ii) The channel occupied by the station before and after 
implementation of the CSA;
    (iii) Modification, if any, to antenna position, location, or power 
levels;
    (iv) Stream identification information; and
    (v) Engineering staff contact information.
    (3) Should any of the information in paragraph (h)(2) of this 
section change, an amended notification must be sent.
    (4) Sharee stations must provide notice as required by this section 
at least 90 days prior to terminating operations on the sharee's 
channel. Sharer stations and sharee stations must provide notice as 
required by this section at least 90 days prior to initiation of 
operations on the sharer channel. Should the anticipated date to either 
cease operations or commence channel sharing operations change, the 
stations must send a further notice to affected MVPDs informing them of 
the new anticipated date(s).
    (5) Notifications provided to cable systems pursuant to this section 
must be either mailed to the system's official address of record 
provided in the cable system's most recent filing in the FCC's Cable 
Operations and Licensing System (COALS) Form 322, or emailed to the 
system if the system has provided an email address. For all other MVPDs, 
the letter must be addressed to the official corporate address 
registered with their State of incorporation.

[82 FR 18249, Apr. 18, 2017]



Sec. 73.3801  Full power television simulcasting during the ATSC 3.0 (Next Gen TV) transition.

    (a) Simulcasting arrangements. For purposes of compliance with the 
simulcasting requirement in paragraph (b) of this section, a full power 
television station may partner with one or more other full power 
stations or with one or more Class A, LPTV, or TV translator stations in 
a simulcasting arrangement for purposes of airing either an ATSC 1.0 or 
ATSC 3.0 signal on a host station's (i.e., a station whose facilities 
are being used to transmit programming originated by another

[[Page 388]]

station) facilities. Noncommercial educational television stations may 
participate in simulcasting arrangements with commercial stations.
    (1) A full power television station airing an ATSC 1.0 or ATSC 3.0 
signal on the facilities of a Class A host station must comply with the 
rules governing power levels and interference applicable to Class A 
stations, and must comply in all other respects with the rules and 
policies applicable to full power television stations set forth in this 
part.
    (2) A full power television station airing an ATSC 1.0 or ATSC 3.0 
signal on the facilities of a low power television or TV translator host 
station must comply with the rules of part 74 of this chapter governing 
power levels and interference applicable to low power television or TV 
translator stations, and must comply in all other respects with the 
rules and policies applicable to full power television stations set 
forth in this part.
    (3) A full power noncommercial educational television (NCE) station 
airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a commercial 
television host station must comply with the rules applicable to NCE 
licensees.
    (b) Simulcasting requirement. A full power television station that 
chooses to air an ATSC 3.0 signal must simulcast the primary video 
programming stream of that signal in an ATSC 1.0 format. This 
requirement does not apply to any multicast streams aired on the ATSC 
3.0 channel.
    (1) The programming aired on the ATSC 1.0 simulcast signal must be 
``substantially similar'' to that aired on the ATSC 3.0 primary video 
programming stream. For purposes of this section, ``substantially 
similar'' means that the programming must be the same except for 
advertisements, promotions for upcoming programs, and programming 
features that are based on the enhanced capabilities of ATSC 3.0. These 
enhanced capabilities include:
    (i) Hyper-localized content (e.g., geo-targeted weather, targeted 
emergency alerts, and hyper-local news):
    (ii) Programming features or improvements created for the ATSC 3.0 
service (e.g., emergency alert ``wake up'' ability and interactive 
program features);
    (iii) Enhanced formats made possible by ATSC 3.0 technology (e.g., 
4K or HDR); and
    (iv) Personalization of programming performed by the viewer and at 
the viewer's discretion.
    (2) For purposes of paragraph (b)(1) of this section, programming 
that airs at a different time on the ATSC 1.0 simulcast signal than on 
the primary video programming stream of the ATSC 3.0 signal is not 
considered ``substantially similar.''
    (3) The ``substantially similar'' requirement in paragraph (b)(1) of 
this section will sunset on July 17, 2027.
    (c) Coverage requirements for the ATSC 1.0 simulcast signal. For 
full power broadcasters that elect temporarily to relocate their ATSC 
1.0 signal to the facilities of a host station for purposes of deploying 
ATSC 3.0 service (and that convert their existing facilities to ATSC 
3.0), the ATSC 1.0 simulcast signal must continue to cover the station's 
entire community of license (i.e., the station must choose a host from 
whose transmitter site the Next Gen TV station will continue to meet the 
community of license signal requirement over its current community of 
license, as required by Sec. 73.625) and the host station must be 
assigned to the same Designated Market Area (DMA) as the originating 
station (i.e., the station whose programming is being transmitted on the 
host station).
    (d) Coverage requirements for ATSC 3.0 signals. For full power 
broadcasters that elect to continue broadcasting in ATSC 1.0 on the 
station's existing facilities and transmit an ATSC 3.0 signal on the 
facilities of a host station, the ATSC 3.0 signal must be established on 
a host station assigned to the same DMA as the originating station.
    (e) Simulcasting agreements. (1) Simulcasting agreements must 
contain provisions outlining each licensee's rights and responsibilities 
regarding:
    (i) Access to facilities, including whether each licensee will have 
unrestrained access to the host station's transmission facilities;
    (ii) Allocation of bandwidth within the host station's channel;

[[Page 389]]

    (iii) 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;
    (iv) Conditions under which the simulcast agreement may be 
terminated, assigned or transferred; and
    (v) How a guest station's (i.e., a station originating programming 
that is being transmitted using the facilities of another station) 
signal may be transitioned off the host station.
    (2) Broadcasters must maintain a written copy of any simulcasting 
agreement and provide it to the Commission upon request.
    (f) Licensing of simulcasting stations and stations converting to 
ATSC 3.0 operation. (1) Each station participating in a simulcasting 
arrangement pursuant to this section shall continue to be licensed and 
operated separately, have its own call sign, and be separately subject 
to all applicable Commission obligations, rules, and policies. ATSC 1.0 
and ATSC 3.0 signals aired on the facilities of a host station will be 
licensed as temporary second channels of the originating station. The 
Commission will include a note on the originating station's license 
identifying any ATSC 1.0 or ATSC 3.0 signal being aired on the 
facilities of a host station. The Commission will also include a note on 
a host station's license identifying any ATSC 1.0 or ATSC 3.0 guest 
signal(s) being aired on the facilities of the host station.
    (2) Application required. A full power broadcaster must file an 
application (FCC Form 2100) with the Commission, and receive Commission 
approval, before:
    (i) Moving its ATSC 1.0 signal to the facilities of a host station, 
moving that signal from the facilities of an existing host station to 
the facilities of a different host station, or discontinuing an ATSC 1.0 
guest signal;
    (ii) Commencing the airing of an ATSC 3.0 signal on the facilities 
of a host station (that has already converted to ATSC 3.0 operation), 
moving its ATSC 3.0 signal to the facilities of a different host 
station, or discontinuing an ATSC 3.0 guest signal; or
    (iii) Converting its existing station to transmit an ATSC 3.0 signal 
or converting the station from ATSC 3.0 back to ATSC 1.0 transmissions.
    (3) Streamlined process. With respect to any application in 
paragraph (f)(2) of this section, a full power broadcaster may file only 
an application for modification of license, provided no other changes 
are being requested in such application that would require the filing of 
an application for a construction permit as otherwise required by the 
rules (see, e.g., Sec. 73.1690).
    (4) Host station. A host station must first make any necessary 
changes to its facilities before a guest station may file an application 
to air a 1.0 or 3.0 signal on such host.
    (5) Expedited processing. An application filed in accordance with 
the streamlined process in paragraph (f)(3) of this section will receive 
expedited processing provided, for stations requesting to air an ATSC 
1.0 signal on the facilities of a host station, the station will provide 
ATSC 1.0 service to at least 95 percent of the predicted population 
within the noise limited service contour of its original ATSC 1.0 
facility.
    (6) Required information. (i) An application in paragraph (f)(2) of 
this section must include the following information:
    (A) The station serving as the host, if applicable;
    (B) The technical facilities of the host station, if applicable;
    (C) The DMA of the originating broadcaster's facility and the DMA of 
the host station, if applicable; and
    (D) Any other information deemed necessary by the Commission to 
process the application.
    (ii) If an application in paragraph (f)(2) of this section includes 
a request to air an ATSC 1.0 signal on the facilities of a host station, 
the broadcaster must, in addition to the information in paragraph 
(f)(6)(i), also indicate on the application:
    (A) The predicted population within the noise limited service 
contour served by the station's original ATSC 1.0 signal;
    (B) The predicted population within the noise limited service 
contour served by the station's original ATSC

[[Page 390]]

1.0 signal that will lose the station's ATSC 1.0 service as a result of 
the simulcasting arrangement, including identifying areas of service 
loss by providing a contour overlap map; and
    (C) Whether the ATSC 1.0 simulcast signal aired on the host station 
will serve at least 95 percent of the population in paragraph 
(f)(6)(ii)(A) of this section.
    (iii)(A) If an application in paragraph (f)(2) of this section 
includes a request to air an ATSC 1.0 signal on the facilities of a host 
station and does not meet the 95 percent standard in paragraph 
(f)(6)(ii) of this section, the application must contain, in addition to 
the information in paragraphs (f)(6)(i) and (ii) of this section, the 
following information:
    (1) Whether there is another possible host station(s) in the market 
that would result in less service loss to existing viewers and, if so, 
why the Next Gen TV broadcaster chose to partner with a host station 
creating a larger service loss;
    (2) What steps, if any, the station plans to take to minimize the 
impact of the service loss (e.g., providing ATSC 3.0 dongles, set-top 
boxes, or gateway devices to viewers in the loss area); and
    (3) The public interest benefits of the simulcasting arrangement and 
a showing of why the benefit(s) of granting the application would 
outweigh the harm(s).
    (B) These applications will be considered on a case-by-case basis.
    (g) Consumer education for Next Gen TV stations. (1) Commercial and 
noncommercial educational stations that relocate their ATSC 1.0 signals 
(e.g., moving to a host station's facility, subsequently moving to a 
different host, or returning to its original facility) are required to 
air daily Public Service Announcements (PSAs) or crawls every day for 30 
days prior to the date that the stations will terminate ATSC 1.0 
operations on their existing facilities. Stations that transition 
directly to ATSC 3.0 will be required to air daily PSAs or crawls every 
day for 30 days prior to the date that the stations will terminate ATSC 
1.0 operations.
    (2) PSAs. Each PSA must be provided in the same language as a 
majority of the programming carried by the transitioning station and be 
closed-captioned.
    (3) Crawls. Each crawl must be provided in the same language as a 
majority of the programming carried by the transitioning station.
    (4) Content of PSAs or crawls. For stations relocating their ATSC 
1.0 signals or transitioning directly to ATSC 3.0, each PSA or crawl 
must provide all pertinent information to consumers.
    (h) Notice to MVPDs. (1) Next Gen TV stations relocating their ATSC 
1.0 signals (e.g., moving to a temporary host station's facilities, 
subsequently moving to a different host, or returning to its original 
facility) must provide notice to MVPDs that:
    (i) No longer will be required to carry the station's ATSC 1.0 
signal due to the relocation; or
    (ii) Carry and will continue to be obligated to carry the station's 
ATSC 1.0 signal from the new location.
    (2) The notice required by this section must contain the following 
information:
    (i) Date and time of any ATSC 1.0 channel changes;
    (ii) The ATSC 1.0 channel occupied by the station before and after 
commencement of local simulcasting;
    (iii) Modification, if any, to antenna position, location, or power 
levels;
    (iv) Stream identification information; and
    (v) Engineering staff contact information.
    (3) If any of the information in paragraph (h)(2) of this section 
changes, an amended notification must be sent.
    (4)(i) Next Gen TV stations must provide notice as required by this 
section:
    (A) At least 120 days in advance of relocating their ATSC 1.0 
signals if the relocation occurs during the post-incentive auction 
transition period; or
    (B) At least 90 days in advance of relocating their ATSC 1.0 signals 
if the relocation occurs after the post-incentive auction transition 
period (see 47 CFR 27.4).
    (ii) If the anticipated date of the ATSC 1.0 signal relocation 
changes, the station must send a further notice to affected MVPDs 
informing them of the new anticipated date.
    (5) Next Gen TV stations may choose whether to provide notice as 
required

[[Page 391]]

by this section either by a letter notification or electronically via 
email if the relevant MVPD agrees to receive such notices by email. 
Letter notifications to MVPDs must be sent by certified mail, return 
receipt requested to the MVPD's address in the FCC's Online Public 
Inspection File (OPIF), if the MVPD has an online file. For cable 
systems that do not have an online file, notices must be sent to the 
cable system's official address of record provided in the system's most 
recent filing in the FCC's Cable Operations and Licensing System 
(COALS). For MVPDs with no official address in OPIF or COALS, the letter 
must be sent to the MVPD's official corporate address registered with 
their State of incorporation.

[83 FR 3801, Feb. 2, 2018, as amended at 85 FR 43492, July 17, 2020; 88 
FR 45366, July 17, 2023]

    Effective Date Note: At 88 FR 45366, July 17, 2023, Sec. 73.3801 
was amended by revising paragraphs (f)(5) and (6) and paragraph (i), 
effective pending OMB approval. For the convenience of the user, the 
revised text is set forth as follows:



Sec. 73.3801  Full power television simulcasting during the ATSC 3.0 
          (Next Gen TV) transition.

                                * * * * *

    (f) * * *
    (5) Expedited processing. An application filed in accordance with 
the streamlined process in paragraph (f)(3) of this section will receive 
expedited processing provided, for stations requesting to air an ATSC 
1.0 primary signal on the facilities of a host station, that station 
will provide ATSC 1.0 service to at least 95 percent of the predicted 
population within the noise limited service contour of its original ATSC 
1.0 facility.
    (6) Required information. (i) An application in paragraph (f)(2) of 
this section must include the following information:
    (A) The station or stations serving as the host or hosts, identified 
by call sign and facility identification number, if applicable;
    (B) The technical facilities of each host station, if applicable;
    (C) The DMA of the originating broadcaster's facility and the DMA of 
each host station, if applicable;
    (D) A web link to the exhibit described in paragraph (i) of this 
section, if applicable; and
    (E) Any other information deemed necessary by the Commission to 
process the application.
    (ii) If an application in paragraph (f)(2) of this section includes 
a request to air an ATSC 1.0 signal on the facilities of a host station 
or stations, the broadcaster must, in addition to the information in 
paragraph (f)(6)(i) of this section, also indicate on the application:
    (A) The predicted population within the noise limited service 
contour served by the station's original ATSC 1.0 signal;
    (B) The predicted population within the noise limited service 
contour served by the station's original ATSC 1.0 signal that will lose 
the station's ATSC 1.0 service as a result of the hosting arrangement or 
arrangements, including identifying areas of service loss by providing a 
contour overlap map; and
    (C) Whether the ATSC 1.0 primary stream simulcast signal aired on 
the host station will serve at least 95 percent of the population in 
paragraph (f)(6)(ii)(A) of this section.

                                * * * * *

    (i) Multicast streams. A Next Gen TV station is not required to 
license, under paragraph (f) of this section, a ``guest'' multicast 
programming stream that it originates and which is aired on a host 
station. If it chooses to do so, it and each of its licensed guest 
multicast streams must comply with the requirements of this section 
(including those otherwise applicable only to primary streams), except 
for paragraph (f)(5) of this section and as otherwise provided in this 
paragraph. For purposes of this section, a ``multicast'' stream refers 
to a video programming stream other than the primary video programming 
stream.
    (1) 1.0 Multicast streams. A Next Gen TV station may license its 
guest ATSC 1.0 multicast stream(s) aired on one or more ATSC 1.0 hosts 
pursuant to paragraph (f) of this section. Non-simulcast streams are not 
required to comply with paragraph (b) of this section.
    (i) Host capacity limit. A Next Gen TV station that has converted 
its own facility to 3.0 must not license more capacity on one or more 
partner host stations, in the aggregate, than the station could use if 
it were still operating on its own facility in 1.0. It must demonstrate 
compliance with this limit in its license application exhibit.
    (ii) [Reserved]
    (2) 3.0 Multicast streams. A Next Gen TV station may license its 
guest ATSC 3.0 multicast stream(s) aired on one or more ATSC 3.0 hosts 
pursuant to paragraph (f) of this section.
    (3) Children's television. A Next Gen TV station may rely on a 
multicast stream it is airing via a host partner to comply with the 
Commission's children's television programming requirement in Sec. 
73.671. Such a stream must either be carried on the same host as

[[Page 392]]

the Next Gen TV station's primary stream, or on a host that serves at 
least 95 percent of the predicted population served by the Next Gen TV 
station's pre-transition 1.0 signal.
    (4) Application exhibit required. A Next Gen TV station seeking to 
license hosted multicast streams must prepare and host on its public 
website (or its Online Public Inspection File if the station does not 
have a dedicated website) the exhibit referenced in paragraph 
(f)(6)(i)(D) of this section. The exhibit must contain the following:
    (i) For each hosted stream: channel number (RF and virtual); network 
affiliation (or type of programming if unaffiliated); resolution (e.g., 
1080i, 720p, 480p, or 480i); whether the stream will be simulcast; and 
if so, the identity of the paired stream in the other service; and
    (ii) For a station that has converted its own facility to 3.0, the 
exhibit must also demonstrate compliance with the host capacity limit. 
It may do so by either showing that it is seeking hosting only for 
streams it was broadcasting on its own 1.0 facility prior to its 
transition to 3.0, or identifying another 1.0 station that is carrying 
or has carried the same or a similar programming lineup at the same 
resolutions on the same type of facility (individual or shared);
    (iii) For a station that has converted its own facility to 3.0, the 
exhibit must also demonstrate compliance with the coverage requirement 
for guest multicast streams, including by providing a contour map 
showing the guest multicast stream will continue to serve the station's 
community of license; and
    (iv) Changes to the exhibit. Changes to the affiliation or content 
of a stream that would not result in the use of additional capacity, the 
elimination of a stream, or non-substantive corrections may be made at 
the discretion of the applicant but must be reflected in a timely update 
to the existing public exhibit and an emailed notice to the Chief of the 
Media Bureau's Video Division or their designee. No other changes, 
including to the location of the exhibit itself, may be made without the 
filing and approval of a new application.



Sec. 73.3999  Enforcement of 18 U.S.C. 1464 (restrictions on the transmission of obscene and indecent material).

    (a) No licensee of a radio or television broadcast station shall 
broadcast any material which is obscene.
    (b) No licensee of a radio or television broadcast station shall 
broadcast on any day between 6 a.m. and 10 p.m. any material which is 
indecent.

[60 FR 44439, Aug. 28, 1995]



Sec. 73.4000  Listing of FCC policies.

    The following sections list, solely for the purpose of reference and 
convenience, certain Policies of the FCC. The present listing of FCC 
policies and citations thereto should not be relied upon as an all-
inclusive list, and the failure to include a policy in this list does 
not affect its validity. Each section bears the title of one Policy and 
the citations which will direct the user to the specific document(s) 
pertaining to that Policy.

[44 FR 36387, June 22, 1979]



Sec. 73.4005  Advertising--refusal to sell.

    See 412 U.S. 94 (Supreme Court, 1973).

[44 FR 36388, June 22, 1979]



Sec. 73.4015  Applications for AM and FM construction permits, incomplete or defective.

    See Public Notice, FCC 84-366, dated August 2, 1984, 49 FR 47331, 
December 3, 1984.

[49 FR 50048, Dec. 26, 1984]



Sec. 73.4017  Application processing: Commercial FM stations.

    See Report and Order, MM Docket 84-750, FCC 85-125, adopted March 4, 
1985. 50 FR 19936, May 13, 1985.

[59 FR 52086, Oct. 14, 1994]



Sec. 73.4045  Barter agreements.

    See Order, FCC 72-167, adopted February 16, 1972. 33 FCC 2d 653; 37 
FR 4009, February 25, 1972.

[44 FR 36388, June 22, 1979]



Sec. 73.4050  Children's TV programs.

    (a) See Report and Policy Statement, Docket 19142, FCC 74-1174, 
adopted October 24, 1974. 50 FCC 2d 1; 39 FR 39396, November 6, 1974.
    (b) See Report and Order; Policy Statement, Docket 19142, FCC 83-
609, adopted December 22, 1983. 96 FCC 2d 634; 49 FR 1704, January 13, 
1984.
    (c) See Report and Order, MM Dockets 90-570 and 83-670, FCC 91-113, 
adopted April 9, 1991. 6 FCC Rcd 2111; 56 FR 19611, April 19, 1991; 
Memorandum Opinion and Order, MM Dockets 90-570 and 83-670, FCC 91-248, 
adopted August

[[Page 393]]

1, 1991. 6 FCC Rcd 5093; 56 FR 42707, August 29, 1991.

[49 FR 14509, Apr. 12, 1984, as amended at 59 FR 52086, Oct. 14, 1994]



Sec. 73.4055  Cigarette advertising.

    See 15 U.S.C. 1335.

[44 FR 36388, June 22, 1979]



Sec. 73.4060  Citizens agreements.

    (a) See Report and Order, Docket 20495, FCC 75-1359, adopted 
December 10, 1975. 57 F.C.C. 2d 42; 40 F.R. 49730, December 30, 1975.
    (b) See Memorandum Opinion and Order, FCC 78-875, adopted December 
21, 1978. 70 F.C.C. 2d 1672.

[44 FR 58720, Oct. 11, 1979]



Sec. 73.4075  Commercials, loud.

    See Memorandum Opinion and Order, BC Docket 79-168, FCC 84-300, 
adopted June 27, 1984. 49 FR 28077, July 10, 1984.

[49 FR 38132, Sept. 27, 1984]



Sec. 73.4082  Comparative broadcast hearings--specialized programming formats.

    (a) See Memorandum Opinion and Order, FCC 80-33, adopted January 30, 
1980. 75 FCC 2d 721.
    (b) See Report and Order, Docket 79-137, FCC 79-331, adopted June 1, 
1979. 72 FCC 2d 202.
    (c) See Memorandum Opinion and Order, FCC 79-206, adopted March 30, 
1979. 71 FCC 2d 460.

[47 FR 3792, Jan. 27, 1982]



Sec. 73.4091  Direct broadcast satellites.

    (a) See Report and Order, General Docket 80-603, FCC 82-285, adopted 
June 23, 1982. 90 FCC 2d 676; 47 FR 31555, July 21, 1982.
    (b) See Memorandum Opinion and Order, FCC 82-427, adopted September 
23, 1982. 91 FCC 2d.
    (c) See Memorandum Opinion and Order, FCC 82-498, adopted November 
4, 1982. 91 FCC 2d.

[48 FR 9012, Mar. 3, 1983]



Sec. 73.4094  Dolby encoder.

    See Public Notice dated July 10, 1974, 72 FCC 2d 790.

[45 FR 6403, Jan. 28, 1980]



Sec. 73.4095  Drug lyrics.

    (a) See Public Notice, FCC 71-205, dated March 5, 1971. 28 FCC 2d 
409; 36 FR 4901, March 13, 1971.
    (b) See Memorandum Opinion and Order, FCC 71-428, adopted April 16, 
1971. 31 FCC 2d 377; 36 FR 8090, April 29, 1971.

[44 FR 36388, June 22, 1979]



Sec. 73.4097  EBS (now EAS) attention signals on automated programing systems.

    See Public Notice dated March 1, 1979. 72 FCC 2d 788; 44 FR 17792, 
March 23, 1979.

[49 FR 50049, Dec. 26, 1984, as amended at 59 FR 67103, Dec. 28, 1994]



Sec. 73.4099  Financial qualifications, certification of.

    See Public Notice, FCC 87-97, adopted March 19, 1987. 52 FR 17333, 
May 7, 1987.

[53 FR 2499, Jan. 28, 1988]



Sec. 73.4100  Financial qualifications; new AM and FM stations.

    See Public Notice, FCC 78-556, dated August 2, 1978. 69 FCC 2d 407; 
43 FR 34841, August 7, 1978.

[44 FR 36388, June 22, 1979]



Sec. 73.4101  Financial qualifications, TV stations.

    See Public Notice, FCC 79-299, dated May 11, 1979. 72 F.C.C. 2d 784; 
44 FR 29160, May 18, 1979.

[45 FR 6403, Jan. 28, 1980]



Sec. 73.4102  FAA communications, broadcast of.

    See Public Notice, FCC 72-105, dated February 2, 1972. 37 FR 3567, 
February 17, 1972.

[45 FR 6403, Jan. 28, 1980]



Sec. 73.4104  FM assignment policies and procedures.

    See Report and Order, BC Docket 80-130, FCC 82-240, adopted May 20, 
1982. 90 FCC 2d, 88; 47 FR 26625, June 21, 1982.

[47 FR 54448, Dec. 3, 1982]

[[Page 394]]



Sec. 73.4107  FM broadcast assignments, increasing availability of.

    (a) See, First Report and Order MM Docket 84-231, FCC 84-640, 
adopted December 19, 1984. 100 FCC 2d 1332; 50 FR 3514, January 25, 
1994.
    (b) See, Second Report and Order, MM Docket 84-231, FCC 85-124, 
adopted March 14, 1985. 101 FCC 2d 630; 50 FR 15558, April 19, 1985.
    (c) See, Memorandum Opinion and Order, MM Docket 84-231, FCC 86-76, 
adopted February 10, 1986. 51 FR 9210, March 18, 1986.
    (d) See Public Notice, 51 FR 26009, July 18, 1986.

[51 FR 26251, July 22, 1986, as amended at 52 FR 11656, Apr. 10, 1987; 
59 FR 52086, Oct. 14, 1994]



Sec. 73.4108  FM transmitter site map submissions.

    See Memorandum Opinion and Order and Public Notice, adopted October 
24, 1986. 1 FCC Rcd 381 (1986); 51 FR 45945, December 23, 1986.

[52 FR 11656, Apr. 10, 1987]



Sec. 73.4110  Format changes of stations.

    See Memorandum Opinion and Order, Docket 20682, FCC 76-744, adopted 
July 28, 1976. 60 FCC 2d 858; 41 FR 37153, September 2, 1976.

[44 FR 36388, June 22, 1979]



Sec. 73.4135  Interference to TV reception by FM stations.

    See Public Notice, FCC 67-1012, dated August 30, 1967, 74 FCC 2d 
619.

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[44 FR 36388, June 22, 1979, as amended at 45 FR 28142, Apr. 28, 1980; 
49 FR 45154, Nov. 15, 1984; 50 FR 5073, Feb. 6, 1985; 51 FR 26251, July 
22, 1986]



Sec. 73.4140  Minority ownership; tax certificates and distress sales.

    (a) See Public Notice, FCC 78-322, dated May 25, 1978. 68 FCC 2d 
979; 43 FR 25188, June 9, 1978.
    (b) See Public Notice, FCC 78-725, dated October 11, 1978. 43 FR 
47612, October 16, 1978.
    (c) See Policy Statement, General Docket 82-797, FCC 82-523, adopted 
December 2, 1982. 92 FCC 2d 849; 48 FR 5943, February 9, 1983.
    (d) See Report and Order, General Docket 82-797, FCC 84-647, adopted 
December 21, 1984. 99 FCC 2d 1249; 50 FR 1239, January 10, 1985.

[44 FR 36388, June 22, 1979, as amended at 49 FR 38132, Sept. 27, 1984; 
49 FR 50049, Dec. 26, 1984; 50 FR 47055, Nov. 14, 1985; 52 FR 11656, 
Apr. 10, 1987]



Sec. 73.4154  Network/AM, FM station affiliation agreements.

    See Report, Statement of Policy, and Order, Docket 20721, FCC 77-
206, adopted March 10, 1977. 63 FCC 2d 674.

[47 FR 28388, June 30, 1982]



Sec. 73.4157  Network signals which adversely affect affiliate broadcast service.

    See Public Notice, FCC 79-387, dated April 20, 1970. 22 F.C.C. 2d 
779.

[45 FR 6403, Jan. 28, 1980]



Sec. 73.4163  Noncommercial nature of educational broadcast stations.

    (a) See Second Report and Order, BC Docket 21136, FCC 81-204, 
adopted April 23, 1981. 86 FCC 2d 141; 46 FR 27944, May 22, 1981.
    (b) See Order, BC Docket 21136, FCC 82-327 adopted July 15, 1982. 90 
FCC 2d 895; 47 FR 36171, August 19, 1982.
    (c) See Memorandum Opinion and Order, BC Docket 21136, FCC 84-105, 
adopted March 28, 1984. 97 FCC 2d 255; 49 FR 13534, April 5, 1984.
    (d) See, Public Notice, FCC 86-161, dated April 11, 1986. 51 FR 
21800, June 16, 1986. Excerpt reprinted at 7 FCC Rcd 827.
    (e) See Memorandum Opinion and Order, FCC 90-111, adopted March 28, 
1990. 5 FCC Rcd 4920.

[47 FR 54448, Dec. 3, 1982, as amended at 51 FR 26251, July 22, 1986; 59 
FR 52087, Oct. 14, 1994]



Sec. 73.4165  Obscene language.

    (a) See FCC v. Pacifica Foundation, 438 U.S. 726, 57 L.Ed 2d 1073, 
46 U.S.L.W. 5018 (1978). See also Action for Children's Television v. 
FCC, 852 F.2d 1332 (D.C. Cir. 1988).
    (b) See Action for Children's Television v. FCC, [ACT III] 11 F.3d 
170 (D.C. Cir.

[[Page 395]]

1993). See also, Action for Children's Television v. FCC, [ACT IV] 15 
F.3d 186 (D.C. Cir. 1994), rehearing granted, en banc.
    (c) See Report and Order, GC Docket 92-223, FCC 93-42, adopted 
January 19, 1993. 8 FCC Rcd 704; 58 FR 5937, January 25, 1993.
    (d) See Memorandum Opinion and Order, FCC 93-246, adopted May 11, 
1993, 8 FCC Rcd 3600.
    (e) See Letter to Rusk Corporation, dated May 6, 1993, FCC 93-229, 8 
FCC Rcd 3228.
    (f) See Memorandum Opinion and Order, FCC 93-4, adopted January 5, 
1993. 8 FCC Rcd 498
    (g) See Branton v. FCC, 993 F.2d 906 (D.C. Cir. 1993).
    (h) See Memorandum Opinion and Order, DA 91-557, adopted April 30, 
1991. 6 FCC Rcd 2560.

[59 FR 52087, Oct. 14, 1994]



Sec. 73.4170  Obscene broadcasts.

    (a) See Miller v. California, 413 U.S.C. 15 (1973). See also Pope v. 
Illinois, 107 S.Ct. 1918 (1987). 18 U.S.C. 1464.
    (b) See Memorandum Opinion and Order, MM Docket 83-575, FCC 88-4, 
adopted January 12, 1988. 3 FCC Rcd 757. See also Memorandum Opinion and 
Order, MM Docket 83-575, FCC 93-180, adopted April 2, 1993. 8 FCC Rcd 
2753.
    (c) See Memorandum Opinion and Order, FCC 87-365, adopted November 
24, 1987. 3 FCC Rcd 930.
    (d) See ``Memorandum of Understanding between the Federal 
Communications Commission and the Department of Justice concerning 
Complaints and Cases Involving Obscenity and Indecency,'' released April 
9, 1991. See also News Release dated April 19, 1991.

[59 FR 52087, Oct. 14, 1994]



Sec. 73.4180  Payment disclosure: Payola, plugola, kickbacks.

    (a) See 47 U.S.C. 507.
    (b) See Public Notice, FCC 70-593, dated June 4, 1970. 23 FCC 2d 
588; 35 FR 9045, June 11, 1970.
    (c) See Public Notice, FCC 88-175, dated May 18, 1988.

[44 FR 36389, June 22, 1979, as amended at 49 FR 20504, May 15, 1984; 59 
FR 52087, Oct. 14, 1994]



Sec. 73.4185  Political broadcasting and telecasting, the law of.

    (a) See ``The Law of Political Broadcasting and Cablecasting: 
Political Primer 1984,'' 100 FCC 2d 1476 (1984).
    (b) See Report and Order, MM Docket 91-168, FCC 91-403, adopted 
December 12, 1991. 7 FCC Rcd 678; 57 FR 189, January 3, 1992; Memorandum 
Opinion and Order, MM Docket 91-168, FCC 92-210, adopted May 14, 1992. 7 
FCC Rcd 4611; 57 FR 27705, June 22, 1992.

[59 FR 52087, Oct. 14, 1994]



Sec. 73.4190  Political candidate authorization notice and sponsorship identification.

    (a) See Joint Public Notice by the Federal Communications Commission 
and the Federal Election Commission, FCC 78-419, dated June 19, 1978. 69 
FCC 2d 1129; 43 FR 30126, July 13, 1978.
    (b) See Memorandum Opinion and Order, FCC 92-55, adopted February 
12, 1992. 7 FCC Rcd 1616.

[44 FR 36389, June 22, 1979, as amended at 59 FR 52087, Oct. 14, 1994]



Sec. 73.4195  Political advertising by UHF translators.

    See Public Notice, FCC 76936, dated October 8, 1976. 62 FCC 2d 896; 
41 FR 45043, October 14, 1976.

[44 FR 36389, June 22, 1979]



Sec. 73.4210  Procedure Manual: ``The Public and Broadcasting''.

    See FCC 74-942, dated September 5, 1974. 49 FCC 2d 1; 39 FR 32288, 
dated September 5, 1974.

[44 FR 36389, June 22, 1979]



Sec. 73.4215  Program matter: Supplier identification.

    See Public Notice, FCC 73-595, dated June 1, 1973. 41 FCC 2d 333; 38 
FR 14979, June 7, 1973.

[44 FR 36389, June 22, 1979]



Sec. 73.4242  Sponsorship identification rules, applicability of.

    See Public Notice dated September 3, 1975, 40 FR 41936, September 9, 
1975.

[47 FR 28388, June 30, 1982]

[[Page 396]]



Sec. 73.4246  Stereophonic pilot subcarrier use during monophonic programming.

    See Report and Order, Docket 19571, FCC 73-680, adopted June 21, 
1973. 41 FCC 2d 534; 38 FR 17021, June 28, 1973.

[47 FR 3792, Jan. 27, 1982]



Sec. 73.4247  STV: Competing applications.

    See Second Report and Order, Docket 21502, FCC 81-13, adopted 
January 8, 1981. 85 FCC 2d 631; 46 FR 19937, April 2, 1981.

[47 FR 3792, Jan. 27, 1982]



Sec. 73.4250  Subliminal perception.

    (a) See Public Notice, FCC 74-78, dated January 24, 1974. 44 FCC 2d, 
1016; 39 FR 3714, January 29, 1974.
    (b) See FCC Information Bulletin, ``Subliminal Projection'', dated 
November 1977.

[44 FR 36389, June 22, 1979]



Sec. 73.4255  Tax certificates: Issuance of.

    (a) See Public Notice, FCC 76-337, dated April 21, 1976. 59 FCC 2d, 
91; 41 FR 17605, April 27, 1976.
    (b) See Report and Order MM Docket 87-267, FCC 91-303 adopted, 
September 26, 1991. 6 FCC Rcd 6273; 56 FR 64842, December 12, 1991.

[56 FR 64874, Dec. 12, 1991, as amended at 59 FR 52087, Oct. 14, 1994]



Sec. 73.4260  Teaser announcements.

    See Public Notice, FCC 62-592, dated June 1, 1962. 27 FR 5274, June 
5, 1962.

[44 FR 36389, June 22, 1979]



Sec. 73.4265  Telephone conversation broadcasts (network and like sources).

    See Memorandum Opinion and Order, FCC 75-1406, adopted December 18, 
1975. 57 FCC 2d, 334; 41 FR 816, January 5, 1976.

[44 FR 36389, June 22, 1979]



Sec. 73.4266  Tender offer and proxy statements.

    See Policy Statement, MM Docket 85-218, FCC 86-67, adopted January 
30, 1986. 51 FR 9794, March 21, 1986.

[51 FR 26251, July 22, 1986]



Sec. 73.4267  Time brokerage.

    (a) See Policy Statement, Docket 78-355, FCC 80-621, adopted October 
21, 1980. 82 FCC 2d 107.
    (b) See Report and Order, MM Docket 91-140, FCC 92-97, adopted March 
12, 1992. 7 FCC Rcd 2755; 57 FR 18089, April 29, 1992.
    (c) See Memorandum Opinion and Order and Further Notice of Proposed 
Rule Making, MM Docket 91-140, FCC 92-361, adopted August 5, 1992. 7 FCC 
Rcd 6387; 57 FR 42701, September 16, 1992.

[47 FR 3792, Jan. 27, 1982, as amended at 59 FR 52087, Oct. 14, 1994]



Sec. 73.4275  Tone clusters; audio attention-getting devices.

    See Public Notice, FCC 76-610, dated July 2, 1976. 60 FCC 2d 920; 41 
FR 28582, July 12, 1976.

[44 FR 36389, June 22, 1979]



Sec. 73.4280  Character evaluation of broadcast applicants.

    (a) See Report and Order and Policy Statement, Gen. Docket 81-500, 
BC Docket 78-108, FCC 85-648, adopted December 10, 1985. 102 FCC 2d 
1179; 51 FR 3049, January 23, 1986.
    (b) See Policy Statement and Order, FCC 90-195, adopted May 10, 
1990. 5 FCC Rcd 3252, 55 FR 23082, June 6, 1990.
    (c) See Memorandum Opinion and Order, FCC 91-146, adopted May 1, 
1991. 6 FCC Rcd 3448, 56 FR 25633, June 5, 1991.
    (d) See Memorandum Opinion and Order, FCC 92-448, adopted September 
18, 1992. 7 FCC Rcd 6564, 57 FR 47410, October 16, 1992.

[59 FR 52087, Oct. 14, 1994]



 Subpart I_Procedures for Competitive Bidding and for Applications for 
  Noncommercial Educational Broadcast Stations on Non-Reserved Channels

    Source: 63 FR 48629, Sept. 11, 1998, unless otherwise noted.

[[Page 397]]



Sec. 73.5000  Services subject to competitive bidding.

    (a) Mutually exclusive applications for new facilities and for major 
changes to existing facilities in the following broadcast services are 
subject to competitive bidding: AM; FM; FM translator; analog 
television; low-power television; television translator; and Class A 
television. Mutually exclusive applications for minor modifications of 
Class A television and television broadcast are also subject to 
competitive bidding. The general competitive bidding procedures set 
forth in part 1, subpart Q of this chapter will apply unless otherwise 
provided in part 73 or part 74 of this chapter.
    (b) Mutually exclusive applications for broadcast channels in the 
reserved portion of the FM band (Channels 200-220) and for television 
broadcast channels reserved for noncommercial educational use are not 
subject to competitive bidding procedures. Applications for 
noncommercial educational broadcast stations, as described in 47 U.S.C. 
397(6), on non-reserved channels also are not subject to competitive 
bidding procedures.

[63 FR 48629, Sept. 11, 1998, as amended at 67 FR 45374, July 9, 2002; 
68 FR 26228, May 15, 2003; 69 FR 72043, Dec. 10, 2004]



Sec. 73.5001  [Reserved]



Sec. 73.5002  Application and certification procedures; return of mutually exclusive applications not subject to competitive bidding procedures; prohibition of 
          collusion.

    (a) Prior to any broadcast service auction, the Commission will 
issue a public notice announcing the upcoming auction and specifying the 
period during which all applicants seeking to participate in an auction, 
and all applicants for noncommercial educational broadcast stations, as 
described in 47 U.S.C. 397(6), on non-reserved channels, must file their 
applications for new broadcast facilities or for major changes to 
existing facilities. Broadcast service applications for new facilities 
or for major modifications will be accepted only during these specified 
periods. This initial and other public notices will contain information 
about the completion and submission of applications to participate in 
the broadcast auction, and applications for noncommercial educational 
broadcast stations, as described in 47 U.S.C. 397(6), on non-reserved 
channels, as well as any materials that must accompany the applications, 
and any filing fee that must accompany the applications or any upfront 
payments that will need to be submitted. Such public notices will also, 
in the event mutually exclusive applications are filed for broadcast 
construction permits that must be resolved through competitive bidding, 
contain information about the method of competitive bidding to be used 
and more detailed instructions on submitting bids and otherwise 
participating in the auction. In the event applications are submitted 
that are not mutually exclusive with any other application in the same 
service, or in the event that any applications that are submitted that 
had been mutually exclusive with other applications in the same service 
are resolved as a result of the dismissal or modification of any 
applications, the non-mutually exclusive applications will be identified 
by public notice and will not be subject to auction.
    (b) To participate in broadcast service auctions, or to apply for a 
noncommercial educational station, as described in 47 U.S.C. 397(6), on 
a non-reserved channel, all applicants must timely submit short-form 
applications (FCC Form 175), along with all required certifications, 
information and exhibits, pursuant to the provisions of Sec. 1.2105(a) 
of this chapter and any Commission public notices. So determinations of 
mutual exclusivity for auction purposes can be made, applicants for non-
table broadcast services must also submit the engineering data contained 
in the appropriate FCC form (FCC Form 301, FCC Form 346, or FCC Form 
349). Beginning January 1, 1999, all short-form applications must be 
filed electronically. If any application for a noncommercial educational 
broadcast station, as described in 47 U.S.C. 397(6), is mutually 
exclusive with applications for commercial broadcast stations, and the 
applicants that have the opportunity to resolve the mutually exclusivity 
pursuant to paragraphs (c) and

[[Page 398]]

(d) of this section fail to do so, the application for noncommercial 
educational broadcast station, as described in 47 U.S.C. 397(6), will be 
returned as unacceptable for filing, and the remaining applications for 
commercial broadcast stations will be processed in accordance with 
competitive bidding procedures.
    (c) Applicants in all broadcast service auctions, and applicants for 
noncommercial educational stations, as described in 47 U.S.C. 397(6), on 
non-reserved channels will be subject to the provisions of Sec. 
1.2105(b) of this chapter regarding the modification and dismissal of 
their short-form applications. Notwithstanding the general applicability 
of Sec. 1.2105(b) of this chapter to broadcast auctions, and applicants 
for noncommercial educational stations, as described in 47 U.S.C. 
397(6), on non-reserved channels, the following applicants will be 
permitted to resolve their mutual exclusivities by making amendments to 
their engineering submissions following the filing of their short-form 
applications:
    (1) Applicants for all broadcast services who file major 
modification applications that are mutually exclusive with each other;
    (2) Applicants for all broadcast services who file major 
modification and new station applications that are mutually exclusive 
with each other; or
    (3) Applicants for the secondary broadcast services who file 
applications for new stations that are mutually exclusive with each 
other.
    (d) The prohibition of collusion set forth in Sec. 1.2105(c) of 
this chapter, which becomes effective upon the filing of short-form 
applications, shall apply to all broadcast service auctions. 
Notwithstanding the general applicability of Sec. 1.2105(c) of this 
chapter to broadcast auctions, the following applicants will be 
permitted to resolve their mutual exclusivities by means of engineering 
solutions or settlements during a limited period after the filing of 
short-form applications, as further specified by Commission public 
notices:
    (1) Applicants for all broadcast services who file major 
modification applications that are mutually exclusive with each other;
    (2) Applicants for all broadcast services who file major 
modification and new station applications that are mutually exclusive 
with each other; or
    (3) Applicants for the secondary broadcast services who file 
applications for new stations that are mutually exclusive with each 
other.
    (e) Applicants seeking to resolve their mutual exclusivities by 
means of engineering solution or settlement during a limited period as 
specified by public notice, pursuant to paragraph (d) of this section, 
may submit a non-universal engineering solution or settlement proposal, 
so long as such engineering solution or settlement proposal results in 
the grant of at least one application from the mutually exclusive group. 
A technical amendment submitted under this subsection must resolve all 
of the applicant's mutual exclusivities with respect to the other 
applications in the specified mutually exclusive application group.

[69 FR 72043, Dec. 10, 2004, as amended at 75 FR 9806, Mar. 4, 2010]



Sec. 73.5003  Submission of full payments.

    Winning bidders are required to pay the balance of their winning 
bids in a lump sum prior to the deadline established by the Commission 
pursuant to Sec. 1.2109(a) of this chapter. If a winning bidder fails 
to pay the balance of its winning bid in a lump sum by the applicable 
deadline as specified by the Commission, it will be allowed to make 
payment within ten (10) business days after the payment deadline, 
provided that it also pays a late fee equal to five (5) percent of the 
amount due in accordance with Sec. 1.2109(a) of this chapter. Broadcast 
construction permits will be granted by the Commission only after full 
and timely payment of winning bids and any applicable late fees and in 
accordance with the provisions of this section.

[71 FR 6228, Feb. 7, 2006]



Sec. 73.5004  [Reserved]



Sec. 73.5005  Filing of long-form applications.

    (a) Within thirty (30) days following the close of bidding and 
notification to the winning bidders, unless a longer period is specified 
by public notice, each

[[Page 399]]

winning bidder must submit an appropriate long-form application (FCC 
Form 301, FCC Form 346, or FCC Form 349) for each construction permit or 
license for which it was the high bidder. Long-form applications filed 
by winning bidders shall include the exhibits required by Sec. 
1.2107(d) of this chapter (concerning any bidding consortia or joint 
bidding arrangements); Sec. 1.2110(j) of this chapter (concerning 
designated entity status, if applicable); and Sec. 1.2112 of this 
chapter (concerning disclosure of ownership and real party in interest 
information, and, if applicable, disclosure of gross revenue information 
for small business applicants).
    (b) The long-form application should be submitted pursuant to the 
rules governing the service in which the applicant is a high bidder and 
according to the procedures for filing such applications set out by 
public notice. When electronic procedures become available for the 
submission of long-form applications, the Commission may require all 
winning bidders to file their long-form applications electronically.
    (c) An applicant that fails to submit the required long-form 
application under this section, and fails to establish good cause for 
any late-filed submission, shall be deemed to have defaulted and shall 
be subject to the payments set forth in 47 CFR 1.2104(g).
    (d) An applicant whose short-form application, submitted pursuant to 
Sec. 73.5002(b), was not mutually exclusive with any other short-form 
application in the same service, or whose short-form application was 
mutually exclusive only with one or more short-form applications for a 
noncommercial educational broadcast station, as described in 47 U.S.C. 
397(6), shall submit an appropriate long-form application within thirty 
(30) days following release of a public notice identifying any such non-
mutually exclusive applicants. The long-form application should be 
submitted pursuant to the rules governing the relevant service and 
according to any procedures for filing such applications set out by 
public notice. The long-form application filed by a non-mutually 
exclusive applicant need not contain the additional exhibits, identified 
in paragraph (a) of this section, required to be submitted with the 
long-form applications filed by winning bidders. When electronic 
procedures become available, the Commission may require any non-mutually 
exclusive applicants to file their long-form applications 
electronically.

[63 FR 48629, Sept. 11, 1998, as amended at 67 FR 45375, July 9, 2002; 
68 FR 26229, May 15, 2003; 68 FR 43000, July 21, 2003; 69 FR 72044, Dec. 
10, 2004; 75 FR 9806, Mar. 4, 2010]



Sec. 73.5006  Filing of petitions to deny against long-form applications.

    (a) As set forth in 47 CFR 1.2108, petitions to deny may be filed 
against the long-form applications filed by winning bidders in broadcast 
service auctions and against the long-form applications filed by 
applicants whose short-form applications were not mutually exclusive 
with any other applicant, or whose short-form applications were mutually 
exclusive only with one or more short-form applications for a 
noncommercial educational broadcast station, as described in 47 U.S.C. 
397(6).
    (b) Within ten (10) days following the issuance of a public notice 
announcing that a long-form application for an AM, FM or television 
construction permit has been accepted for filing, petitions to deny that 
application may be filed. Within fifteen (15) days following the 
issuance of a public notice announcing that a long-form application for 
a low-power television, television translator or FM translator 
construction permit has been accepted for filing, petitions to deny that 
application may be filed. Any such petitions must contain allegations of 
fact supported by affidavit of a person or persons with personal 
knowledge thereof.
    (c) An applicant may file an opposition to any petition to deny, and 
the petitioner a reply to such opposition. Allegations of fact or 
denials thereof must be supported by affidavit of a person or persons 
with personal knowledge thereof. In the AM, FM and television broadcast 
services, the time for filing such oppositions shall be five (5) days 
from the filing date for petitions to deny, and the time for filing 
replies shall be five (5) days from the filing date for oppositions. In 
the low-power television, television translator and FM translator 
broadcast services, the time for filing such oppositions shall be

[[Page 400]]

fifteen (15) days from the filing date for petitions to deny, and the 
time for filing replies shall be ten (10) days from the filing date for 
oppositions.
    (d) Broadcast construction permits will be granted by the Commission 
only if the Commission denies or dismisses all petitions to deny, if any 
are filed, and is otherwise satisfied that an applicant is qualified, 
and after full and timely payment of winning bids and any applicable 
late fees. See 47 CFR 73.5003. Construction of broadcast stations shall 
not commence until the grant of such permit or license to the winning 
bidder and only after full and timely payment of winning bids and any 
applicable late fees.

[69 FR 72044, Dec. 10, 2004, as amended at 71 FR 6228, Feb. 7, 2006]



Sec. 73.5007  Designated entity provisions.

    (a) New entrant bidding credit. A winning bidder that qualifies as a 
``new entrant'' may use a bidding credit to lower the cost of its 
winning bid on any broadcast construction permit. Any winning bidder 
claiming new entrant status must have de facto, as well as de jure, 
control of the entity utilizing the bidding credit. A thirty-five (35) 
percent bidding credit will be given to a winning bidder if it, and/or 
any individual or entity with an attributable interest in the winning 
bidder, have no attributable interest in any other media of mass 
communications, as defined in Sec. 73.5008. A twenty-five (25) percent 
bidding credit will be given to a winning bidder if it, and/or any 
individual or entity with an attributable interest in the winning 
bidder, have an attributable interest in no more than three mass media 
facilities. No bidding credit will be given if any of the commonly owned 
mass media facilities serve the same area as the proposed broadcast or 
secondary broadcast station, or if the winning bidder, and/or any 
individual or entity with an attributable interest in the winning 
bidder, have attributable interests in more than three mass media 
facilities. Attributable interests held by a winning bidder in existing 
low power television, television translator or FM translator facilities 
will not be counted among the bidder's other mass media interests in 
determining eligibility for a bidding credit. Eligibility for the new 
entrant bidding credit must be specified in an applicant's FCC Form 175 
application, and the new entrant bidding credit specified in an 
applicant's FCC Form 175 application establishes that applicant's 
maximum bidding credit eligibility for that auction. Any post-FCC Form 
175 filing change in the applicant's circumstances underlying its new 
entrant bidding credit eligibility claim, or that of any attributable 
interest-holder in the applicant, must be reported to the Commission 
immediately, and no later than five business days after the change 
occurs. Any such post-FCC Form 175 filing change may cause a reduction 
or elimination of the new entrant bidding credit claimed in the 
applicant's FCC Form 175 application, if the change would cause the 
applicant not to qualify for the originally claimed new entrant bidding 
credit under the eligibility provisions of Sec. 73.5007, and the change 
occurred prior to grant of the construction permit to the applicant. 
Final determinations regarding new entrant status will be made at the 
time of long form construction permit application grant. Applicants 
whose eligibility is lost or reduced subsequent to the FCC Form 175 
filing must, before a construction permit will be issued, make such 
payments as are necessary to account for the difference between claimed 
and actual bidding credit eligibility.
    (b) The new entrant bidding credit is not available to a winning 
bidder if it, and/or any individual or entity with an attributable 
interest in the winning bidder, have an attributable interest in any 
existing media of mass communications in the same area as the proposed 
broadcast or secondary broadcast facility.
    (1) Any existing media of mass communications will be considered in 
the ``same area'' as a proposed broadcast or secondary broadcast 
facility if the relevant defined service areas of the existing mass 
media facilities partially overlap, or are partially overlapped by, the 
proposed broadcast or secondary broadcast facility's relevant contour.
    (2) For purposes of determining whether any existing media of mass 
communications is in the ``same area'' as a proposed broadcast or 
secondary

[[Page 401]]

broadcast facility, the relevant defined service areas of the existing 
mass media facilities shall be as follows:
    (i) AM broadcast station--principal community contour (see Sec. 
73.24(i));
    (ii) FM Broadcast station--principal community contour (see Sec. 
73.315(a));
    (iii) Television broadcast station--television Grade B or equivalent 
contour (see Sec. 73.683(a) for analog TV and Sec. 73.622(e) for DTV);
    (iv) Cable television system--the franchised community of a cable 
system; and
    (v) Daily newspaper--community of publication.
    (3) For purposes of determining whether a proposed broadcast or 
secondary broadcast facility is in the ``same area'' as an existing mass 
media facility, the relevant contours of the proposed broadcast or 
secondary broadcast facility shall be as follows:
    (i) AM broadcast station--principal community contour (see Sec. 
73.24(i));
    (ii) FM broadcast station--principal community contour (see Sec. 
73.315(a));
    (iii) FM translator station--predicted, protected contour (see Sec. 
74.1204(a) of this chapter);
    (iv) Television broadcast station--television Grade B or equivalent 
contour (see Sec. 73.683(a) for analog TV and Sec. 73.622(e) for DTV).
    (v) Low power television or television translator station--
predicted, protected contour (see Sec. 74.707(a) of this chapter).
    (c) Unjust enrichment. If a licensee or permittee that utilizes a 
new entrant bidding credit under this subsection seeks to assign or 
transfer control of its license or construction permit to an entity not 
meeting the eligibility criteria for the bidding credit, the licensee or 
permittee must reimburse the U.S. Government for the amount of the 
bidding credit, plus interest based on the rate for ten-year U.S. 
Treasury obligations applicable on the date the construction permit was 
originally granted, as a condition of Commission approval of the 
assignment or transfer. If a licensee or permittee that utilizes a new 
entrant bidding credit seeks to assign or transfer control of a license 
or construction permit to an entity that is eligible for a lower bidding 
credit, the difference between the bidding credit obtained by the 
assigning party and the bidding credit for which the acquiring party 
would qualify, plus interest based on the rate for ten-year U.S. 
Treasury obligations applicable on the date the construction permit was 
originally granted, must be paid to the U.S. Government as a condition 
of Commission approval of the assignment or transfer. The amount of the 
reimbursement payments will be reduced over time. An assignment or 
transfer in the first two years after issuance of the construction 
permit to the winning bidder will result in a forfeiture of one hundred 
(100) percent of the value of the bidding credit; during year three, of 
seventy-five (75) percent of the value of the bidding credit; in year 
four, of fifty (50) percent; in year five, twenty-five (25) percent; and 
thereafter, no payment. If a licensee or permittee who utilized a new 
entrant bidding credit in obtaining a broadcast license or construction 
permit acquires within this five-year reimbursement period an additional 
broadcast facility or facilities, such that the licensee or permittee 
would not have been eligible for the new entrant credit, the licensee or 
permittee will generally not be required to reimburse the U.S. 
Government for the amount of the bidding credit.

    Note 1 to Sec. 73.5007: For purposes of paragraph (b)(3)(ii) of 
this section, the contour of the proposed new FM broadcast station is 
based on the maximum class facilities at the FM allotment site, which is 
defined as the perfectly circular standard 70 dBu contour distance for 
the class of station.

[64 FR 24526, May 7, 1999, as amended at 68 FR 46358, Aug. 5, 2003; 69 
FR 72045, Dec. 10, 2004; 75 FR 9807, Mar. 4, 2010]



Sec. 73.5008  Definitions applicable for designated entity provisions.

    (a) Scope. The definitions in this section apply to 47 CFR 73.5007, 
unless otherwise specified in that section.
    (b) A medium of mass communications means a daily newspaper; a cable 
television system; or a license or construction permit for a television 
broadcast station, an AM or FM broadcast station, or a direct broadcast 
satellite transponder.
    (c)(1) An attributable interest in a winning bidder or in a medium 
of mass

[[Page 402]]

communications shall be determined in accordance with Sec. 73.3555 and 
Note 2 to Sec. 73.3555. In addition, any interest held by an individual 
or entity with an equity and/or debt interest(s) in a winning bidder 
shall be attributed to that winning bidder for purposes of determining 
its eligibility for the new entrant bidding credit, if the equity 
(including all stockholdings, whether voting or nonvoting, common or 
preferred) and debt interest or interests, in the aggregate, exceed 
thirty-three (33) percent of the total asset value (defined as the 
aggregate of all equity plus all debt) of the winning bidder.
    (2) Notwithstanding paragraph (c)(1) of this section, where the 
winning bidder is an eligible entity, the combined equity and debt of 
the interest holder in the winning bidder may exceed the 33 percent 
threshold therein without triggering attribution, provided that:
    (i) The combined equity and debt of the interest holder in the 
winning bidder is less than 50 percent, or
    (ii) The total debt of the interest holder in the winning bidder 
does not exceed 80 percent of the asset value of the winning bidder and 
the interest holder does not hold any equity interest, option, or 
promise to acquire an equity interest in the winning bidder or any 
related entity. For purposes of paragraph (c)(2) of this section, an 
``eligible entity'' shall include any entity that qualifies as a small 
business under the Small Business Administration's size standards for 
its industry grouping, as set forth in 13 CFR 121.201, at the time the 
transaction is approved by the FCC, and holds:
    (A) 30 percent or more of the stock or partnership interests and 
more than 50 percent of the voting power of the corporation or 
partnership that will own the media outlet; or
    (B) 15 percent or more of the stock or partnership interests and 
more than 50 percent of the voting power of the corporation or 
partnership that will own the media outlet, provided that no other 
person or entity owns or controls more than 25 percent of the 
outstanding stock or partnership interests; or
    (C) More than 50 percent of the voting power of the corporation that 
will own the media outlet if such corporation is a publicly traded 
company.

[63 FR 48629, Sept. 11, 1998, as amended at 64 FR 24527, May 7, 1999; 64 
FR 44858, Aug. 18, 1999; 69 FR 72045, Dec. 10, 2004; 73 FR 28370, May 
16, 2008; 75 FR 27200, May 14, 2010]



Sec. 73.5009  Assignment or transfer of control.

    (a) The unjust enrichment provisions found at Sec. 1.2111(b) 
through (e) of this chapter shall not apply to applicants seeking 
approval of a transfer of control or assignment of a broadcast 
construction permit or license within three years of receiving such 
permit or license by means of competitive bidding.
    (b) The ownership disclosure requirements found at Sec. 1.2112(a) 
of this chapter shall not apply to an applicant seeking consent to 
assign or transfer control of a broadcast construction permit or license 
awarded by competitive bidding.

[67 FR 45375, July 9, 2002, as amended at 68 FR 43000, July 21, 2003]



             Subpart J_Class A Television Broadcast Stations

    Source: 65 FR 30009, May 10, 2000, unless otherwise noted.



Sec. 73.6000  Definitions.

    For the purpose of this subpart, the following definition applies:
    Locally produced programming is programming:
    (1) Produced within the predicted Grade B contour of the station 
broadcasting the program or within the contiguous predicted Grade B 
contours of any of the stations in a commonly owned group; or
    (2) Produced within the predicted DTV noise-limited contour (see 
Sec. 73.622(e)) of a digital Class A station broadcasting the program 
or within the contiguous predicted DTV noise-limited contours of any of 
the digital Class A stations in a commonly owned group.

    Note to Sec. 73.6000: See Report and Order, In the Matter of 
Establishment of a Class A Television Service, MM Docket No. 00-10, 
released April 4, 2000; Memorandum Opinion and Order on Reconsideration, 
In the Matter of Establishment of a Class A Television Service,

[[Page 403]]

MM Docket No. 00-10, released April 13, 2001; Report and Order, In the 
Matter of Elimination of Main Studio Rule, MB Docket No. 17-106, 
released October 24, 2017.

[82 FR 57884, Dec. 8, 2017]



Sec. 73.6001  Eligibility and service requirements.

    (a) Qualified low power television licensees which, during the 90-
day period ending November 28, 1999, operated their stations in a manner 
consistent with the programming and operational standards set forth in 
the Community Broadcasters Protection Act of 1999, may be accorded 
primary status as Class A television licensees.
    (b) Class A television broadcast stations are required to:
    (1) Broadcast a minimum of 18 hours per day; and
    (2) Broadcast an average of at least three hours per week of locally 
produced programming each quarter.
    (c) Licensed Class A television broadcast stations shall be accorded 
primary status as a television broadcaster as long as the station 
continues to meet the minimum operating requirements for Class A status.
    (d) Licensees unable to continue to meet the minimum operating 
requirements for Class A television stations, or which elect to revert 
to low power television status, shall promptly notify the Commission, in 
writing, and request a change in status.



Sec. 73.6002  Licensing requirements.

    (a) A Class A television broadcast license will only be issued to a 
qualified low power television licensee that:
    (1) Filed a Statement of Eligibility for Class A Low Power 
Television Station Status on or before January 28, 2000, which was 
granted by the Commission; and
    (2) Files an acceptable application for a Class A Television license 
(FCC Form 302-CA).



Sec. Sec. 73.6003-73.6005  [Reserved]



Sec. 73.6006  Channel assignments.

    Class A TV stations will not be authorized on channels unavailable 
for TV broadcast station use pursuant to Sec. 73.603.

[86 FR 66213, Nov. 22, 2021]



Sec. 73.6007  Power limitations.

    An application to change the facilities of an existing Class A TV 
station will not be accepted if it requests an effective radiated power 
that exceeds the power limitation specified in Sec. 74.735 of this 
chapter.



Sec. 73.6008  Distance computations.

    The distance between two reference points must be calculated in 
accordance with Sec. 73.208(c) of this part.



Sec. 73.6010  Class A TV station protected contour.

    (a) [Reserved]
    (b) The Class A TV station protected contour is calculated from the 
effective radiated power and antenna height above average terrain, using 
the F(50,50) charts of Figure 9, 10 or 10b of Sec. 73.699 of this part.
    (c) A digital Class A TV station will be protected from interference 
within the following predicted signal contours:
    (1) 43 dBu for stations on Channels 2 through 6;
    (2) 48 dBu for stations on Channels 7 through 13; and
    (3) 51 dBu for stations on Channels 14 through 36.
    (d) The digital Class A TV station protected contour is calculated 
from the effective radiated power and antenna height above average 
terrain, using the F(50,90) signal propagation method specified in Sec. 
73.625(b)(1) of this part.
    (e) A digital Class A DTS station will be protected from 
interference within its Class A DTS protected area as defined by Sec. 
73.6023(d).

[86 FR 66213, Nov. 22, 2021, as amended at 86 FR 21227, Apr. 22, 2021]



Sec. 73.6012  Protection of Class A TV, low power TV and TV translator stations.

    An application to change the facilities of an existing Class A TV 
station will not be accepted if it fails to protect other authorized 
Class A TV, low power TV and TV translator stations and applications for 
changes in such stations filed prior to the date the Class A application 
is filed, pursuant to the requirements specified in Sec. 74.707 of this 
chapter. The protection of other

[[Page 404]]

authorized low power TV and TV translator stations and applications for 
changes in such stations shall not apply in connection with any 
application filed by a Class A TV station pursuant to Sec. 
73.3700(b)(1).

[79 FR 48544, Aug. 15, 2014]



Sec. 73.6013  Protection of DTV stations.

    Class A TV stations must protect the DTV service that would be 
provided by the facilities specified in the DTV Table of Allotments in 
Sec. 73.622 of this part, by authorized DTV stations and by 
applications that propose to expand DTV stations' allotted or authorized 
coverage contour in any direction, if such applications either were 
filed before December 31, 1999 or were filed between December 31, 1999 
and May 1, 2000 by a DTV station licensee or permittee that had notified 
the Commission of its intent to ``maximize'' by December 31, 1999. 
Protection of these allotments, stations and applications must be based 
on not causing predicted interference within the service area described 
in Sec. 73.622(e) of this part. The interference analysis is based on 
the methods described in Sec. 73.623(c)(2) through (c)(4) of this part, 
except that a Class A TV station must not cause a loss of service to 0.5 
percent or more of the population predicted to receive service from the 
DTV allotment, station or application. An application to change the 
facilities of an existing Class A TV station will not be accepted if it 
fails to protect these DTV allotments, stations and applications in 
accordance with this section.



Sec. 73.6014  Protection of digital Class A TV stations.

    An application to change the facilities of an existing Class A TV 
station will not be accepted if it fails to protect authorized digital 
Class A TV stations and applications for changes in such stations filed 
prior to the date the Class A application is filed, pursuant to the 
requirements specified in Sec. 74.706 of this chapter.



Sec. 73.6017  Digital Class A TV station protection of Class A TV and digital Class A TV stations.

    An application for digital operation of an existing Class A TV 
station or to change the facilities of a digital Class A TV station will 
not be accepted if it fails to protect authorized Class A and digital 
Class A stations in accordance with the requirements of Sec. 74.793 (b) 
through (d) and Sec. 74.793(g) of this chapter. This protection must be 
afforded to applications for changes in other authorized Class A and 
digital Class A stations filed prior to the date the digital Class A 
application is filed.

[69 FR 69330, Nov. 29, 2004]



Sec. 73.6018  Digital Class A TV station protection of DTV stations.

    Digital Class A TV stations must protect the DTV service that would 
be provided by the facilities specified in the DTV Table of Allotments 
in Sec. 73.622, by authorized DTV stations and by applications that 
propose to expand DTV stations' allotted or authorized coverage contour 
in any direction, if such applications either were filed before December 
31, 1999 or were filed between December 31, 1999 and May 1, 2000 by a 
DTV station licensee or permittee that had notified the Commission of 
its intent to ``maximize'' by December 31, 1999. Protection of these 
allotments, stations and applications must be based on meeting the 
requirements of Sec. 74.793 (b) through (e) of this chapter. An 
application for digital operation of an existing Class A TV station or 
to change the facilities of a digital Class A TV station will not be 
accepted if it fails to protect these DTV allotments, stations and 
applications in accordance with this section.

[69 FR 69330, Nov. 29, 2004]



Sec. 73.6019  Digital Class A TV station protection of low power TV, TV translator, digital low power TV and digital TV translator stations.

    An application for digital operation of an existing Class A TV 
station or to change the facilities of a digital Class A TV station will 
not be accepted if it fails to protect authorized low power TV, TV 
translator, digital low power TV and digital TV translator stations in 
accordance with the requirements of Sec. 74.793(b) through (d) and (h) 
of this chapter. This protection must be afforded to applications for 
changes filed prior to the date the digital Class A station is filed. 
The protection of other

[[Page 405]]

authorized low power TV, TV translator, digital low power TV and digital 
TV translator stations shall not apply in connection with any 
application filed by a Class A TV station pursuant to Sec. 
73.3700(b)(1).

[79 FR 48544, Aug. 15, 2014]



Sec. 73.6020  Protection of stations in the land mobile radio service.

    An application for digital operation of an existing Class A TV 
station or to change the facilities of an existing Class A TV or digital 
Class A TV station will not be accepted if it fails to protect stations 
in the land mobile radio service pursuant to the requirements specified 
in Sec. 74.709 of this chapter. In addition to the protection 
requirements specified in Sec. 74.709(a) of this chapter, Class A TV 
and digital Class A TV stations must not cause interference to land 
mobile stations operating on channel 16 in New York, NY.

[69 FR 69331, Nov. 29, 2004]



Sec. 73.6022  Negotiated interference and relocation agreements.

    (a) Notwithstanding the technical criteria in this subpart, Subpart 
E of this part, and Subpart G of part 74 of this chapter regarding 
interference protection to and from Class A TV stations, Class A TV 
stations may negotiate agreements with parties of authorized and 
proposed analog TV, DTV, LPTV, TV translator, Class A TV stations or 
other affected parties to resolve interference concerns; provided, 
however, other relevant requirements are met with respect to the parties 
to the agreement. A written and signed agreement must be submitted with 
each application or other request for action by the Commission. 
Negotiated agreements under this paragraph can include the exchange of 
money or other considerations from one entity to another. Applications 
submitted pursuant to the provisions of this paragraph will be granted 
only if the Commission finds that such action is consistent with the 
public interest.
    (b) A Class A TV station displaced in channel by a channel allotment 
change for a DTV station may seek to exchange channels with the DTV 
station, provided both parties consent in writing to the change and that 
the Class A station meets all applicable interference protection 
requirements on the new channel. Such requests will be treated on a 
case-by-case basis and, if approved, will not subject the Class A 
station to the filing of competing applications for the exchanged 
channel.



Sec. 73.6023  Distributed transmission systems.

    (a) Station licensees may operate a commonly owned group of digital 
Class A stations with contiguous predicted DTV noise-limited contours 
(pursuant to Sec. 73.622(e)) on a common television channel in a 
distributed transmission system.
    (b) A Class A DTV station may be authorized to operate multiple 
synchronized transmitters on its assigned channel to provide service 
consistent with the requirements of this section. Such operation is 
called a distributed transmission system (DTS). Except as expressly 
provided in this section, Class A stations operating a DTS facility must 
comply with all rules in this part applicable to Digital Class A single-
transmitter stations.
    (c) For purposes of compliance with this section, a digital Class A 
station's ``authorized facility'' is the facility authorized for the 
station in a license or construction permit for non-DTS, single-
transmitter-location operation. A digital Class A station's ``authorized 
service area'' is defined as the area within its protected contour 
(described by Sec. 73.6010(c)) as determined using the authorized 
facility.
    (d) The protected area for each DTS transmitter is determined based 
on the F(50,90) field strength given in Sec. 73.6010(c), calculated in 
accordance with Sec. 73.625(b). The combined protected area of a Class 
A DTS station is the logical union of the protected areas of all DTS 
transmitters, that falls within the station's authorized service area as 
defined in paragraph (c) of this section.
    (e) The DTS limiting area for each DTS transmitter is determined 
using the field strength from Sec. 73.6010(c) and the F(50,50) curves.
    (f) An application proposing use of DTS will not be accepted for 
filing unless it meets all of the following conditions:

[[Page 406]]

    (1) The combined protected area covers all of the applicant's 
authorized service area;
    (2) Each DTS transmitter's Class A DTS limiting contour falls within 
the authorized facility's Class A DTS limiting contour;
    (3) Each DTS transmitter's protected area is contiguous with at 
least one other DTS transmitter's protected area;
    (4) The ``combined field strength'' of all DTS transmitters in a 
network does not cause interference to another station in excess of the 
criteria specified in Sec. Sec. 73.6017, 73.6018, 73.6019, and 73.6020. 
The combined field strength at a given location is determined by a 
``root-sum-square'' calculation, in which the combined field strength is 
equal to the square root of the sum of the squared field strengths from 
each transmitter in the DTS network at that location; and
    (5) Each DTS transmitter must be located within the station's 
authorized service area.
    (g) All transmitters operating under a single Class A DTS license 
must follow the same digital broadcast television transmission standard.

[86 FR 21227, Apr. 22, 2021]



Sec. 73.6024  Transmission standards and system requirements.

    (a) A Class A TV station must meet the requirements of Sec. Sec. 
73.682 and 73.687, except as provided in paragraph (b) of this section.
    (b) A Class A TV station may continue to operate with the 
transmitter operated under its previous LPTV license, provided such 
operation does not cause any condition of uncorrectable interference due 
to radiation of radio frequency energy outside of the assigned channel. 
Such operation must continue to meet the requirements of Sec. Sec. 
74.736 and 74.750 of this chapter.
    (c) A Class A TV station must meet the offset carrier frequency and 
frequency tolerance provisions of Sec. 73.1545 of this part.
    (d) A digital Class A station must meet the emission requirements of 
Sec. 74.794 of this chapter.

[65 FR 30009, May 10, 2000, as amended at 66 FR 21690, May 1, 2001; 69 
FR 69331, Nov. 29, 2004]



Sec. 73.6025  Antenna system and station location.

    (a) Applications for modified Class A TV facilities proposing the 
use of directional antenna systems must be accompanied by the following:
    (1) Complete description of the proposed antenna system, including 
the manufacturer and model number of the proposed directional antenna. 
In the case of a composite antenna composed of two or more individual 
antennas, the antenna should be described as a ``composite'' antenna. A 
full description of the design of the antenna should also be submitted.
    (2) Relative field horizontal plane pattern (horizontal polarization 
only) of the proposed directional antenna. A value of 1.0 should be used 
for the maximum radiation. The plot of the pattern should be oriented so 
that 0 degrees (True North) corresponds to the maximum radiation of the 
directional antenna or, alternatively in the case of a symmetrical 
pattern, the line of symmetry. Where mechanical beam tilt is intended, 
the amount of tilt in degrees of the antenna vertical axis and the 
orientation of the downward tilt with respect to true North must be 
specified, and the horizontal plane pattern must reflect the use of 
mechanical beam tilt.
    (3) A tabulation of the relative field pattern required in paragraph 
(a)(2), of this section. The tabulation should use the same zero degree 
reference as the plotted pattern, and be tabulated at least every 10 
degrees. In addition, tabulated values of all maxima and minima, with 
their corresponding azimuths, should be submitted.
    (4) Horizontal and vertical plane radiation patterns showing the 
effective radiated power, in dBk, for each direction. Sufficient 
vertical plane patterns must be included to indicate clearly the 
radiation characteristics of the antenna above and below the horizontal 
plane. In cases where the angles at which the maximum vertical radiation 
varies with azimuth, a separate vertical radiation pattern must be 
provided for each pertinent radial direction.

[[Page 407]]

    (5) The horizontal and vertical plane patterns that are required are 
the patterns for the complete directional antenna system. In the case of 
a composite antenna composed of two or more individual antennas, this 
means that the patterns for the composite antenna, not the patterns for 
each of the individual antennas, must be submitted.
    (b) Applications for modified Class A TV facilities proposing to 
locate antennas within 61.0 meters (200 feet) of other Class A TV or TV 
broadcast antennas operating on a channel within 20 percent in frequency 
of the proposed channel, or proposing the use of antennas on Channels 5 
or 6 within 61.0 meters (200 feet) of FM broadcast antennas, must 
include a showing as to the expected effect, if any, of such proximate 
operation.
    (c) Where a Class A TV licensee or permittee proposes to mount its 
antenna on or near an AM tower, as defined in Sec. 1.30002, the Class A 
TV licensee or permittee must comply with Sec. 1.30003 or Sec. 
1.30002.
    (d) Class A TV stations are subject to the provisions in Sec. 
73.685(d) regarding blanketing interference.

[65 FR 30009, May 10, 2000, as amended at 78 FR 66298, Nov. 5, 2013]



Sec. 73.6026  Broadcast regulations applicable to Class A television stations.

    The following rules are applicable to Class A television stations:

Sec. 73.603 Numerical designation of television channels.
Sec. 73.624(b), (c) and (g) Digital television broadcast stations. 
Section 73.624(b) will apply only to the extent that such stations must 
also transmit at least one over-the-air video program signal at no 
direct charge to viewers of the digital Class A station
Sec. 73.635 Use of common antenna site.
Sec. 73.642 Subscription TV service.
Sec. 73.643 Subscription TV operating requirements.
Sec. 73.644 Subscription TV transmission systems.
Sec. 73.646 Telecommunications Service on the Vertical Blanking 
Interval and in the Visual Signal.
Sec. 73.653 Operation of TV aural and visual transmitters.
Sec. 73.658 Affiliation agreements and network program practice; 
territorial exclusivity in non-network program arrangements.
Sec. 73.664 Determining operating power.
Sec. 73.665 Use of TV aural baseband subcarriers.
Sec. 73.667 TV subsidiary communications services.
Sec. 73.669 TV stereophonic aural and multiplex subcarrier operation.
Sec. 73.670 Commercial limits in children's programs.
Sec. 73.671 Educational and informational programming for children.
Sec. 73.673 Public information initiatives regarding educational and 
informational programming for children.
Sec. 73.688 Indicating instruments.
Sec. 73.691 Visual modulation monitoring.
Sec. 73.3615(a) and (g) Ownership reports.

[66 FR 21690, May 1, 2001, as amended at 74 FR 25168, May 27, 2009]



Sec. 73.6027  Class A TV notifications concerning interference to radio astronomy, research and receiving installations.

    An applicant for digital operation of an existing Class A TV station 
or to change the facilities of an existing Class A TV or digital Class A 
TV station shall be subject to the requirements of Sec. 73.1030--
Notifications concerning interference to radio astronomy, research and 
receiving installations.

[69 FR 69331, Nov. 29, 2004]



Sec. 73.6028  Class A television channel sharing outside the incentive auction.

    (a) Eligibility. Subject to the provisions of this section, Class A 
television stations may voluntarily seek Commission approval to share a 
single six megahertz channel with other Class A, full power, low power, 
or TV translator television stations.
    (b) Licensing of channel sharing stations. (1) Each station sharing 
a single channel pursuant to this section 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.
    (2) A station relinquishing its channel must file an application for 
a construction permit, include a copy of the Channel Sharing Agreement 
(CSA) as an exhibit, and cross reference the other sharing station(s). 
Any engineering changes necessitated by the CSA

[[Page 408]]

may be included in the station's application. Upon initiation of shared 
operations, the station relinquishing its channel must notify the 
Commission that it has terminated operation pursuant to Sec. 73.1750 
and each sharing station must file an application for license.
    (c) Channel sharing between Class A television stations and full 
power, low power television, and TV translator stations. (1) A Class A 
television sharee station (defined as a station relinquishing a channel 
in order to share) that is a party to a CSA with a full power television 
sharer station (defined as the station hosting a sharee pursuant to a 
CSA) must comply with the rules of this part 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 
Sec. Sec. 73.6000 through 73.6027.
    (2) A Class A television sharee station that is a party to a CSA 
with a low power television or TV translator sharer station must comply 
with the rules of part 74 of this chapter governing power levels and 
interference that are applicable to low power television or TV 
translator stations, and must comply in all other respects with the 
rules and policies applicable to Class A television stations, as set 
forth in Sec. Sec. 73.6000 through 73.6027.
    (d) Deadline for implementing CSAs. CSAs submitted pursuant to this 
section must be implemented within three years of the grant of the 
initial channel sharing construction permit.
    (e) Channel sharing agreements (CSAs). (1) CSAs submitted under this 
section must contain provisions outlining each licensee's rights and 
responsibilities regarding:
    (i) Access to facilities, including whether each licensee will have 
unrestrained access to the shared transmission facilities;
    (ii) Allocation of bandwidth within the shared channel;
    (iii) 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;
    (iv) Transfer/assignment of a shared license, including the ability 
of a new licensee to assume the existing CSA; and
    (v) Termination of the license of a party to the CSA, including 
reversion of spectrum usage rights to the remaining parties to the CSA.
    (2) CSAs must include provisions:
    (i) Affirming compliance with the channel sharing requirements in 
this section and all relevant Commission rules and policies; and
    (ii) 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 program stream at all times.
    (f) Termination and assignment/transfer of shared channel. (1) Upon 
termination of the license of a party to a CSA, the spectrum usage 
rights covered by that license may revert to the remaining parties to 
the CSA. Such reversion shall be governed by the terms of the CSA in 
accordance with paragraph (e)(1)(v) of this section. If upon termination 
of the license of a party to a CSA only one party to the CSA remains, 
the remaining licensee may file an application for license to change its 
status to non-shared.
    (2) If the rights under a CSA are transferred or assigned, the 
assignee or the transferee must comply with the terms of the CSA in 
accordance with paragraph (e)(1)(iv) of this section. 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.
    (g) Notice to cable systems. (1) Stations participating in channel 
sharing agreements must provide notice to cable systems that:
    (i) No longer will be required to carry the station because of the 
relocation of the station;
    (ii) Currently carry and will continue to be obligated to carry a 
station that will change channels; or
    (iii) Will become obligated to carry the station due to a channel 
sharing relocation.
    (2) The notice required by this section must contain the following 
information:

[[Page 409]]

    (i) Date and time of any channel changes;
    (ii) The channel occupied by the station before and after 
implementation of the CSA;
    (iii) Modification, if any, to antenna position, location, or power 
levels;
    (iv) Stream identification information; and
    (v) Engineering staff contact information.
    (3) Should any of the information in paragraph (g)(2) of this 
section change, an amended notification must be sent.
    (4) Sharee stations must provide notice as required by this section 
at least 90 days prior to terminating operations on the sharee's 
channel. Sharer stations and sharee stations must provide notice as 
required by this section at least 90 days prior to initiation of 
operations on the sharer channel. Should the anticipated date to either 
cease operations or commence channel sharing operations change, the 
stations must send a further notice to affected cable systems informing 
them of the new anticipated date(s).
    (5) Notifications provided to cable systems pursuant to this section 
must be either mailed to the system's official address of record 
provided in the cable system's most recent filing in the FCC's Cable 
Operations and Licensing System (COALS) Form 322, or emailed to the 
system if the system has provided an email address.

[82 FR 18250, Apr. 18, 2017]



Sec. 73.6029  Class A television simulcasting during the ATSC 3.0 (Next Gen TV) transition.

    (a) Simulcasting arrangements. For purposes of compliance with the 
simulcasting requirement in paragraph (b) of this section, a Class A 
television station may partner with one or more other Class A stations 
or with one or more full power, LPTV, or TV translator stations in a 
simulcasting arrangement for purposes of airing either an ATSC 1.0 or 
ATSC 3.0 signal on a host station's (i.e., a station whose facilities 
are being used to transmit programming originated by another station) 
facilities.
    (1) A Class A television station airing an ATSC 1.0 or ATSC 3.0 
signal on the facilities of a full power host station must comply with 
the rules of Part 73 of this chapter 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 this 
subpart.
    (2) A Class A television station airing an ATSC 1.0 or ATSC 3.0 
signal on the facilities of a low power television or TV translator host 
station must comply with the rules of part 74 of this chapter governing 
power levels and interference that are applicable to low power 
television or TV translator stations, and must comply in all other 
respects with the rules and policies applicable to Class A television 
stations, as set forth in this subpart.
    (b) Simulcasting requirement. A Class A television station that 
chooses to air an ATSC 3.0 signal must simulcast the primary video 
programming stream of that signal in an ATSC 1.0 format. This 
requirement does not apply to any multicast streams aired on the ATSC 
3.0 channel.
    (1) The programming aired on the ATSC 1.0 simulcast signal must be 
``substantially similar'' to that aired on the ATSC 3.0 primary video 
programming stream. For purposes of this section, ``substantially 
similar'' means that the programming must be the same except for 
advertisements, promotions for upcoming programs, and programming 
features that are based on the enhanced capabilities of ATSC 3.0. These 
enhanced capabilities include:
    (i) Hyper-localized content (e.g., geo-targeted weather, targeted 
emergency alerts, and hyper-local news):
    (ii) Programming features or improvements created for the ATSC 3.0 
service (e.g., emergency alert ``wake up'' ability and interactive 
program features);
    (iii) Enhanced formats made possible by ATSC 3.0 technology (e.g., 
4K or HDR); and
    (iv) Personalization of programming performed by the viewer and at 
the viewer's discretion.
    (2) For purposes of paragraph (b)(1) of this section, programming 
that airs at a different time on the ATSC 1.0 simulcast signal than on 
the primary video programming stream of the ATSC 3.0

[[Page 410]]

signal is not considered ``substantially similar.''
    (3) The ``substantially similar'' requirement in paragraph (b)(1) of 
this section will sunset on July 17, 2027.
    (c) Coverage requirements for the ATSC 1.0 simulcast signal. For 
Class A broadcasters that elect temporarily to relocate their ATSC 1.0 
signal to the facilities of a host station for purposes of deploying 
ATSC 3.0 service (and that convert their existing facilities to ATSC 
3.0), the station:
    (1) Must maintain overlap between the protected contour (Sec. 
73.6010(c)) of its existing signal and its ATSC 1.0 simulcast signal;
    (2) May not relocate its ATSC 1.0 simulcast signal more than 30 
miles from the reference coordinates of the relocating station's 
existing antenna location; and
    (3) Must select a host station assigned to the same DMA as the 
originating station (i.e., the station whose programming is being 
transmitted on the host station).
    (d) Coverage requirements for ATSC 3.0 signals. For Class A 
broadcasters that elect to continue broadcasting in ATSC 1.0 from the 
station's existing facilities and transmit an ATSC 3.0 signal on the 
facilities of a host station, the ATSC 3.0 signal must be established on 
a host station assigned to the same DMA as the originating station.
    (e) Simulcasting agreements. (1) Simulcasting agreements must 
contain provisions outlining each licensee's rights and responsibilities 
regarding:
    (i) Access to facilities, including whether each licensee will have 
unrestrained access to the host station's transmission facilities;
    (ii) Allocation of bandwidth within the host station's channel;
    (iii) 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;
    (iv) Conditions under which the simulcast agreement may be 
terminated, assigned or transferred; and
    (v) How a guest station's (i.e., a station originating programming 
that is being transmitted using the facilities of a host station) signal 
may be transitioned off the host station.
    (2) Broadcasters must maintain a written copy of any simulcasting 
agreement and provide it to the Commission upon request.
    (f) Licensing of simulcasting stations and stations converting to 
ATSC 3.0 operation. (1) Each station participating in a simulcasting 
arrangement pursuant to this section shall continue to be licensed and 
operated separately, have its own call sign, and be separately subject 
to all applicable Commission obligations, rules, and policies. ATSC 1.0 
and ATSC 3.0 signals aired on the facilities of a host station will be 
licensed as temporary second channels of the originating station. The 
Commission will include a note on the originating station's license 
identifying any ATSC 1.0 or ATSC 3.0 signal being aired on the 
facilities of a host station. The Commission will also include a note on 
a host station's license identifying any ATSC 1.0 or ATSC 3.0 guest 
signal(s) being aired on the facilities of the host station.
    (2) Application required. A Class A broadcaster must file an 
application (FCC Form 2100) with the Commission, and receive Commission 
approval, before:
    (i) Moving its ATSC 1.0 signal to the facilities of a host station, 
moving that signal from the facilities of an existing host station to 
the facilities of a different host station, or discontinuing an ATSC 1.0 
guest signal;
    (ii) Commencing the airing of an ATSC 3.0 signal on the facilities 
of a host station (that has already converted to ATSC 3.0 operation), 
moving its ATSC 3.0 signal to the facilities of a different host 
station, or discontinuing an ATSC 3.0 guest signal; or
    (iii) Converting its existing station to transmit an ATSC 3.0 signal 
or converting the station from ATSC 3.0 back to ATSC 1.0 transmissions.
    (3) Streamlined process. With respect to an application in paragraph 
(f)(2) of this section, a Class A broadcaster may file only an 
application for modification of license provided no other changes are 
being requested in such application that would require the filing of an 
application for a construction

[[Page 411]]

permit as otherwise required by the rules (see, e.g., Sec. 73.1690).
    (4) Host station. A host station must first make any necessary 
changes to its facilities before a guest station may file an application 
to air a 1.0 or 3.0 signal on such host.
    (5) Expedited processing. An application filed in accordance with 
the streamlined process in paragraph (f)(3) of this section will receive 
expedited processing provided, for stations requesting to air an ATSC 
signal on the facilities of a host station, the station will provide 
ATSC 1.0 service to at least 95 percent of the predicted population 
within the noise limited service contour of its original ATSC 1.0 
facility.
    (6) Required information. (i) An application in paragraph (f)(2) of 
this section must include the following information:
    (A) The station serving as the host, if applicable;
    (B) The technical facilities of the host station, if applicable;
    (C) The DMA of the originating broadcaster's facility and the DMA of 
the host station, if applicable; and
    (D) Any other information deemed necessary by the Commission to 
process the application.
    (ii) If an application in paragraph (f)(2) of this section includes 
a request to air an ATSC 1.0 signal on the facilities of a host station, 
the broadcaster must, in addition to the information in paragraph 
(f)(6)(i), also indicate on the application:
    (A) The predicted population within the protected contour served by 
the station's original ATSC 1.0 signal;
    (B) The predicted population within the protected contour served by 
the station's original ATSC 1.0 signal that will lose the station's ATSC 
1.0 service as a result of the simulcasting arrangement, including 
identifying areas of service loss by providing a contour overlap map; 
and
    (C) Whether the ATSC 1.0 simulcast signal aired on the host station 
will serve at least 95 percent of the population in paragraph 
(f)(6)(ii)(A) of this section.
    (iii)(A) If an application in paragraph (f)(2) of this section 
includes a request to air an ATSC 1.0 signal on the facilities of a host 
station and does not meet the 95 percent standard in paragraph 
(f)(6)(ii) of this section, the application must contain, in addition to 
the information in paragraphs (f)(6)(i) and (ii) of this section, the 
following information:
    (1) Whether there is another possible host station(s) in the market 
that would result in less service loss to existing viewers and, if so, 
why the Next Gen TV broadcaster chose to partner with a host station 
creating a larger service loss;
    (2) What steps, if any, the station plans to take to minimize the 
impact of the service loss (e.g., providing ATSC 3.0 dongles, set-top 
boxes, or gateway devices to viewers in the loss area); and
    (3) The public interest benefits of the simulcasting arrangement and 
a showing of why the benefit(s) of granting the application would 
outweigh the harm(s).
    (B) These applications will be considered on a case-by-case basis.
    (g) Consumer education for Next Gen TV stations. (1) Class A 
stations that relocate their ATSC 1.0 signals (e.g., moving to a host 
station's facilities, subsequently moving to a different host, or 
returning to its original facility) will be required to air daily Public 
Service Announcements (PSAs) or crawls every day for 30 days prior to 
the date that the stations will terminate ATSC 1.0 operations on their 
existing facilities. Stations that transition directly to ATSC 3.0 will 
be required to air daily PSAs or crawls every day for 30 days prior to 
the date that the stations will terminate ATSC 1.0 operations.
    (2) PSAs. Each PSA must be provided in the same language as a 
majority of the programming carried by the transitioning station and be 
closed-captioned.
    (3) Crawls. Each crawl must be provided in the same language as a 
majority of the programming carried by the transitioning station.
    (4) Content of PSAs or crawls. For stations relocating their ATSC 
1.0 signals or transitioning directly to ATSC 3.0, each PSA or crawl 
must provide all pertinent information to consumers.

[[Page 412]]

    (h) Notice to MVPDs. (1) Next Gen TV stations relocating their ATSC 
1.0 signals (e.g., moving to a temporary host station's facilities, 
subsequently moving to a different host, or returning to its original 
facility) must provide notice to MVPDs that:
    (i) No longer will be required to carry the station's ATSC 1.0 
signal due to the relocation; or
    (ii) Carry and will continue to be obligated to carry the station's 
ATSC 1.0 signal from the new location.
    (2) The notice required by this section must contain the following 
information:
    (i) Date and time of any ATSC 1.0 channel changes;
    (ii) The ATSC 1.0 channel occupied by the station before and after 
commencement of local simulcasting;
    (iii) Modification, if any, to antenna position, location, or power 
levels;
    (iv) Stream identification information; and
    (v) Engineering staff contact information.
    (3) If any of the information in paragraph (h)(2) of this section 
changes, an amended notification must be sent.
    (4)(i) Next Gen TV stations must provide notice as required by this 
section:
    (A) At least 120 days in advance of relocating their ATSC 1.0 
signals if the relocation occurs during the post-incentive auction 
transition period; or
    (B) At least 90 days in advance of relocating their ATSC 1.0 signals 
if the relocation occurs after the post-incentive auction transition 
period.
    (ii) If the anticipated date of the ATSC 1.0 signal relocation 
changes, the station must send a further notice to affected MVPDs 
informing them of the new anticipated date.
    (5) Next Gen TV stations may choose whether to provide notice as 
required by this section either by a letter notification or 
electronically via email if the relevant MVPD agrees to receive such 
notices by email. Letter notifications to MVPDs must be sent by 
certified mail, return receipt requested to the MVPD's address in the 
FCC's Online Public Inspection File (OPIF), if the MVPD has an online 
file. For cable systems that do not have an online file, notices may be 
sent to the cable system's official address of record provided in the 
system's most recent filing in the FCC's Cable Operations and Licensing 
System (COALS). For MVPDs with no official address in OPIF or COALS, the 
letter must be sent to the MVPD's official corporate address registered 
with their State of incorporation.

[83 FR 5024, Feb. 2, 2018, as amended at 85 FR 43492, July 17, 2020; 88 
FR 45367, July 17, 2023]



      Subpart K_Application and Selection Procedures for Reserved 
  Noncommercial Educational Channels, and for Certain Applications for 
       Noncommercial Educational Stations on Non-Reserved Channels

    Source: 65 FR 36380, June 8, 2000, unless otherwise noted.



Sec. 73.7000  Definition of terms (as used in subpart K only).

    Attributable interest. An interest of an applicant, its parent, 
subsidiaries, their officers, and members of their governing boards that 
would be cognizable under the standards in the notes to Sec. 73.3555. 
Also an interest of an entity providing more than 33 percent of an 
applicant's equity and/or debt that also either (1) supplies more than 
15% of the station's weekly programming, or (2) has an attributable 
interest pursuant to Sec. 73.3555 in media in the same market.
    Established local applicant. An applicant that has, for at least the 
two years (24 months) immediately preceding application, met the 
definition of local applicant.
    Local applicant. An applicant physically headquartered, having a 
campus, or having 75% of board members residing within 25 miles of the 
reference coordinates for the community to be served, or a governmental 
entity within its area of jurisdiction.
    Near reservation lands. Those areas or communities adjacent or 
contiguous to reservation or other Trust lands which are designated by 
the Department of Interior's Commission of Indian Affairs upon 
recommendation of the Local Bureau of Indian Affairs Superintendent, 
which recommendation shall be based

[[Page 413]]

upon consultation with the tribal governing body of those reservations, 
as locales appropriate for the extension of financial assistance and/or 
social services on the basis of such general criteria as: Number of 
Indian people native to the reservation residing in the area; a written 
designation by the tribal governing body that members of their tribe and 
family members who are Indian residing in the area, are socially, 
culturally and economically affiliated with their tribe and reservation; 
geographical proximity of the area to the reservation and administrative 
feasibility of providing an adequate level of services to the area.
    Nonreserved (Unreserved) channels. Channels which are not reserved 
exclusively for noncommercial educational use, and for which commercial 
entities could thus be eligible to operate full power stations. Such 
channels appear without an asterisk designation in the FM Table of 
Allotments (Sec. 73.202) and TV Table of Allotments (Sec. 73.622(j)). 
In the event of a request to allocate a nonreserved channel as reserved 
pursuant to Sec. 73.202(a) or Sec. 73.622)(j), the channel remains 
classified as nonreserved until release of a Commission decision 
granting such request.
    On-air operations. Broadcast of program material to the public 
pursuant to Commission authority, generally beginning with program test 
authority, for periods of time that meet any required minimum operating 
schedule, e.g., Sec. 73.561(a).
    Population. The number of people calculated using the most recent 
census block data provided by the United States Census Bureau.
    Reservations. Any federally recognized Indian tribe's reservation, 
pueblo or colony, including former reservations in Oklahoma, Alaska 
Native regions established pursuant to the Alaska Native Claims 
Settlements Act (85 Stat. 688) and Indian allotments, for which a Tribe 
exercises regulatory jurisdiction.
    Reserved channels. Channels reserved exclusively for noncommercial 
educational use, whether by the portion of the spectrum in which they 
are located (i.e., FM channels 200 to 220) or by a case-by-case 
Commission allotment decision (channels that appear with an asterisk 
designation in the FM Table of Allotments (Sec. 73.202) or TV Table of 
Allotments (Sec. 73.622(j)).
    Tribe. Any Indian or Alaska Native tribe, band, nation, pueblo, 
village or community which is acknowledged by the federal government to 
constitute a government-to-government relationship with the United 
States and eligible for the programs and services established by the 
United States for Indians. See The Federally Recognized Indian Tribe 
List Act of 1994 (Indian Tribe Act), Public Law 103-454. 108 Stat. 4791 
(1994) (the Secretary of the Interior is required to publish in the 
Federal Register an annual list of all Indian Tribes which the Secretary 
recognizes to be eligible for the special programs and services provided 
by the United States to Indians because of their status as Indians).
    Tribal applicant. (1) A Tribe or consortium of Tribes, or
    (2) An entity that is 51 percent or more owned or controlled by a 
Tribe or Tribes that occupy Tribal Lands that receive Tribal Coverage.
    Tribal coverage. (1) Coverage of a Tribal Applicant's or Tribal 
Applicants' Tribal Lands by at least 50 percent of a facility's 60 dBu 
(1 mV/m) contour, or
    (2) The facility's 60 dBu (1 mV/m) contour--
    (i) Covers 50 percent or more of a Tribal Applicant's or Tribal 
Applicants' Tribal Lands,
    (ii) Serves at least 2,000 people living on Tribal Lands, and
    (iii) The total population on Tribal Lands residing within the 
station's service contour constitutes at least 50 percent of the total 
covered population. In neither paragraphs (1) nor (2) of this definition 
may the applicant claim the priority if the proposed principal community 
contour would cover more than 50 percent of the Tribal Lands of a non-
applicant Tribe. To the extent that Tribal Lands include fee lands not 
owned by Tribes or members of Tribes, the outer boundaries of such lands 
shall delineate the coverage area, with no deduction of area for fee 
lands not owned by Tribes or members of Tribes.
    Tribal lands. Both Reservations and Near reservation lands. This 
definition

[[Page 414]]

includes American Indian Reservations and Trust Lands, Tribal 
Jurisdiction Statistical Areas, Tribal Designated Statistical Areas, 
Hawaiian Homelands, and Alaska Native Village Statistical Areas, as well 
as the communities situated on such lands.

[65 FR 36380, June 8, 2000, as amended at 66 FR 15356, Mar. 19, 2001; 75 
FR 9807, Mar. 4, 2010; 76 FR 18953, Apr. 6, 2011; 86 FR 66213, Nov. 22, 
2021]



Sec. 73.7001  Services subject to evaluation by point system.

    (a) A point system will be used to evaluate mutually exclusive 
applications for new radio, television, and FM translator facilities, 
and for major changes to existing facilities, on reserved channels.
    (b) A point system will be used to evaluate mutually exclusive 
applications for new radio, television, and FM translator facilities, 
and for major changes to existing facilities, on non-reserved channels, 
only when all of the mutually exclusive applications are for 
noncommercial educational broadcast stations, as described in 47 U.S.C. 
397(6)(A) or 47 U.S.C. 397(6)(B).
    (c) A point system will be used to evaluate mutually exclusive 
applications for new television translator and low power television 
facilities, and for major changes to existing facilities, only when all 
of the mutually exclusive applications are for noncommercial educational 
broadcast stations, as described in 47 U.S.C. 397(6)(B).

[65 FR 36380, June 8, 2000, as amended at 68 FR 26229, May 15, 2003]



Sec. 73.7002  Fair distribution of service on reserved band FM channels.

    (a) If timely filed applications for full service stations on 
reserved FM channels are determined to be mutually exclusive, and will 
serve different communities, the Commission will first determine, as a 
threshold issue, whether grant of a particular application would 
substantially further the fair distribution of service goals enunciated 
in section 307(b) of the Communications Act, 47 U.S.C. 307(b).
    (b) In an analysis performed pursuant to paragraph (a) of this 
section, a full-service FM applicant that identifies itself as a Tribal 
Applicant, that proposes Tribal Coverage, and that proposes the first 
reserved channel NCE service owned by any Tribal Applicant at a 
community of license located on Tribal Lands, will be awarded a 
construction permit. If two or more full-service FM applicants identify 
themselves as Tribal Applicants and meet the above criteria, the 
applicant providing the most people with reserved channel NCE service to 
Tribal Lands will be awarded a construction permit, regardless of the 
magnitude of the superior service or the populations of the communities 
of license proposed, if different. If two or more full-service FM 
applicants identifying themselves as Tribal Applicants each meet the 
above criteria and propose identical levels of NCE aural service to 
Tribal Lands, only those applicants shall proceed to be considered 
together in a point system analysis. In an analysis performed pursuant 
to paragraph (a) of this section that does not include a Tribal 
Applicant, a full service FM applicant that will provide the first or 
second reserved channel noncommercial educational (NCE) aural signal 
received by at least 10% of the population within the station's 60dBu 
(1mV/m) service contours will be considered to substantially further 
fair distribution of service goals and to be superior to mutually 
exclusive applicants not proposing that level of service, provided that 
such service to fewer than 2,000 people will be considered 
insignificant. First service to 2,000 or more people will be considered 
superior to second service to a population of any size. If only one 
applicant will provide such first or second service, that applicant will 
be selected as a threshold matter. If more than one applicant will 
provide an equivalent level (first or second) of NCE aural service, the 
size of the population to receive such service from the mutually 
exclusive applicants will be compared. The applicant providing the most 
people with the highest level of service will be awarded a construction 
permit, if it will provide such service to 5,000 or more people than the 
next best applicant. If none of the applicants in a mutually exclusive 
group

[[Page 415]]

would substantially further fair distribution goals, all applicants will 
proceed to examination under a point system. If two or more applicants 
will provide the same level of service to an equivalent number of people 
(differing by less than 5,000), only those equivalent applicants will be 
considered together in a point system.
    (c)(1) For a period of four years of on-air operations, an applicant 
receiving a decisive preference pursuant to this section is required to 
construct and operate technical facilities substantially as proposed. 
During this period, such applicant may make minor modifications to its 
authorized facilities, provided that either:
    (i) The modification does not downgrade service to the area on which 
the preference was based; or
    (ii) Any potential loss of first and second NCE service is offset by 
at least equal first and, separately, combined first and second NCE 
service population gain(s), and the applicant would continue to qualify 
for a decisive Section 307(b) preference.
    (2) Additionally, for a period beginning from the award of a 
construction permit through four years of on-air operations, a Tribal 
Applicant receiving a decisive preference pursuant to this section may 
not:
    (i) Assign or transfer the authorization except to another party 
that qualifies as a Tribal Applicant;
    (ii) Change the facility's community of license; or
    (iii) Effect a technical change that would cause the facility to 
provide less than full Tribal Coverage.

[65 FR 36380, June 8, 2000, as amended at 66 FR 15356, Mar. 19, 2001; 75 
FR 9807, Mar. 4, 2010; 85 FR 7891, Feb. 12, 2020]



Sec. 73.7003  Point system selection procedures.

    (a) If timely filed applications for reserved FM channels or 
reserved TV channels are determined to be mutually exclusive, 
applications will be processed and assessed points to determine the 
tentative selectee for the particular channels. The tentative selectee 
will be the applicant with the highest point total under the procedure 
set forth in this section, and will be awarded the requested permit if 
the Commission determines that an award will serve the public interest, 
convenience, and necessity.
    (b) Based on information provided in each application, each 
applicant will be awarded a predetermined number of points under the 
criteria listed:
    (1) Established local applicant. Three points for local applicants, 
as defined in Sec. 73.7000, who have been local continuously for no 
fewer than the two years (24 months) immediately prior to the 
application filing.
    (2) Local diversity of ownership. Two points for applicants with no 
attributable interests, as defined in Sec. 73.7000, in any other 
broadcast station or authorized construction permit (comparing radio to 
radio and television to television) whose principal community (city 
grade) contour overlaps that of the proposed station. The principal 
community (city grade) contour is the 5 mV/m for AM stations, the 3.16 
mV/m for FM stations calculated in accordance with Sec. 73.313(c), and 
the contour identified in Sec. 73.685(a) for TV. Radio applicants will 
count commercial and noncommercial AM, FM, and FM translator stations 
other than fill-in stations. Television applicants will count UHF, VHF, 
and Class A stations.
    (3) State-wide network. Two points for an applicant that does not 
qualify for the credit for local diversity of ownership, if it is:
    (i) An entity, public or private, with authority over a minimum of 
50 accredited full-time elementary and/or secondary schools within a 
single state, encompassed by the combined primary service contours of 
the proposed station and its existing station(s), if the existing 
station(s) are regularly providing programming to the schools in 
furtherance of the school curriculum and the proposed station will 
increase the number of schools it will regularly serve; or
    (ii) An accredited public or private institution of higher learning 
with a minimum of five full time campuses within a single state 
encompassed by the combined primary service contours of the proposed 
station and its existing station(s), if the existing station(s) are 
regularly providing programming to campuses in furtherance of their 
curriculum and the proposed station will

[[Page 416]]

increase the number of campuses it will regularly serve; or
    (iii) An organization, public or private, with or without direct 
authority over schools, that will regularly provide programming for and 
in coordination with an entity described in paragraph (b)(3) (i) or (ii) 
of this section for use in the school curriculum.
    (iv) No entity may claim both the diversity credit and the state-
wide network credit in any particular application.
    (4) Technical parameters. One point to the applicant covering the 
largest geographic area and population with its relevant contour (60 dBu 
for FM and Grade B for TV), provided that the applicant covers both a 
ten percent greater area and a ten percent greater population than the 
applicant with the next best technical proposal. The top applicant will 
receive two points instead of one point if its technical proposal covers 
both a 25 percent greater area and 25 percent greater population than 
the next best technical proposal.)
    (c) If the best qualified (highest scoring) two or more applicants 
have the same point accumulation, the tentative selectee will be 
determined by a tie-breaker mechanism as follows:
    (1) Tie breaker 1. Each applicant's number of attributable existing 
authorizations (licenses and construction permits, commercial and 
noncommercial) in the same service (radio or television) nationally, as 
of the time of application shall be compared, and the applicant with the 
fewest authorizations will be chosen as tentative selectee. Radio 
applicants will count commercial and noncommercial AM, FM, and FM 
translator stations other than fill-in stations. Television applicants 
will count UHF, VHF, and Class A stations.
    (2) Tie breaker 2. If a tie remains after the tie breaker in 
paragraph (c)(1) of this section, the tentative selectee will be the 
remaining applicant with the fewest pending new and major change 
applications in the same service at the time of filing.
    (3) Tie breaker 3. If a tie remains after the tie breaker in 
paragraph (c)(2) of this section, the tentative selectee will be the 
remaining applicant that can demonstrate that:
    (i) It applied in a previous filing window, and had its application 
accepted for filing and processed, but subsequently dismissed in favor 
of an applicant with superior points or a tie-breaker showing;
    (ii) It has been in continuous existence at all times from the date 
of that previous filing until the present; and
    (iii) It does not hold any NCE construction permit or license.
    (4) Voluntary time-sharing. If a tie remains after the tie breaker 
in paragraph (c)(3) of this section, each of the remaining tied, 
mutually exclusive applicants will be identified as a tentative selectee 
and must electronically submit, within 90-days from the release of the 
public notice or order announcing the remaining tie, any voluntary time-
share agreement. Voluntary time-share agreements must be in writing, 
signed by each time-share proponent, and specify the proposed hours of 
operation of each time-share proponent.
    (5) Mandatory time-sharing. If a tie among mutually exclusive 
applications is not resolved through voluntary time-sharing in 
accordance with paragraph (c)(4) of this section, the tied applications 
will be reviewed for acceptability. Applicants with tied, grantable 
applications will be eligible for equal, concurrent, non-renewable 
license terms.
    (i) If a mutually exclusive group has three or fewer tied, grantable 
applications, the Commission will simultaneously grant these 
applications, assigning an equal number of hours per week to each 
applicant. The Commission will require each applicant subject to 
mandatory time-sharing to simultaneously and confidentially submit their 
preferred time slots to the Commission. If there are only two tied, 
grantable applications, the applicants must select between the following 
12-hour time slots: 3 a.m.-2:59 p.m., or 3 p.m.-2:59 a.m. If there are 
three tied, grantable applications, each applicant must rank their 
preference for the following 8-hour time slots: 2 a.m.-9:59 a.m., 10 
a.m.-5:59 p.m., and 6 p.m.-1:59 a.m. The Commission will require the 
applicants to certify that they did not collude with any other 
applicants in

[[Page 417]]

the selection of time slots. The Commission will give preference to the 
applicant that has been local, as defined in Sec. 73.7000, for the 
longest uninterrupted period of time. In the event an applicant neglects 
to designate its preferred time slots, staff will select a time slot for 
that applicant.
    (ii) Groups of more than three tied, grantable applications will not 
be eligible for licensing under this section. Where such groups exist, 
the Commission will dismiss all but the applications of the three 
applicants that have been local, as defined in Sec. 73.7000, for the 
longest uninterrupted periods of time. The Commission will then process 
the remaining applications as set forth in paragraph (c)(4)(i) of this 
section.
    (d) Settlements. At any time during this process, the applicants may 
advise the Commission that they are negotiating or have reached 
settlement, and the Commission will withhold further comparative 
processing for a reasonable period upon such notification. Settlement 
may include an agreement to share time on the channel voluntarily or 
other arrangement in compliance with Commission rules. Parties to a 
settlement shall comply with Sec. 73.3525, limiting any monetary 
payment to the applicant's reasonable and prudent expenses.
    (e) For applications filed after April 21, 2000, an applicant's 
maximum qualifications are established at the time of application and 
will be reduced for any post-application changes that negatively affect 
any evaluation criterion.
    (f) For applications filed on or before April 21, 2000, an 
applicant's maximum qualifications are established as of the relevant 
date listed in paragraph (f)(1), (2), or (3) of this section. After the 
relevant date for determining an applicant's maximum points, points will 
be reduced for any changes that negatively affect any evaluation 
criterion. Applicants will establish their qualifications according to 
the following:
    (1) If the applicant is in a group for which a ``B'' cut-off notice 
issued prior to April 21, 2000 its maximum non-technical qualifications 
are established as of the date by which applicants must supplement their 
applications to supply point information, and its maximum technical 
qualifications are established as of the date of the ``B'' cut-off 
notice;
    (2) If the applicant is in a group for which an ``A'' cut-off notice 
issued prior to April 21, 2000 but for which no ``B'' cut-off notice 
issued, its maximum non-technical qualifications are established as of 
the date by which applicants must supplement their applications to 
supply point information, and its maximum technical qualifications are 
established as of April 21, 2000;
    (3) If the applicant was neither placed on an ``A'' cut-off list 
prior to April 21, 2000 nor filed in response to such an ``A'' cut-off 
list, it is subject to competition from applications filed within the 
first filing window, and its maximum technical and non-technical 
qualifications will be determined as of the close of the first filing 
window.

[65 FR 36380, June 8, 2000, as amended at 66 FR 15356, Mar. 19, 2001; 85 
FR 7891, Feb. 12, 2020]



Sec. 73.7004  Petitions to deny tentative selectee(s).

    (a) For mutually exclusive applicants subject to the selection 
procedures in subpart K of this part, Petitions to Deny will be accepted 
only against the tentative selectee(s).
    (b) Within thirty (30) days following the issuance of a public 
notice announcing the tentative selection of an applicant through fair 
distribution (Sec. 73.7002) or point system (Sec. 73.7003) procedures, 
petitions to deny that application may be filed. Any such petitions must 
contain allegations of fact supported by affidavit of a person or 
persons with personal knowledge thereof.
    (c) An applicant may file an opposition to any petition to deny, and 
the petitioner a reply to such opposition. Allegations of fact or 
denials thereof must be supported by affidavit of a person or persons 
with personal knowledge thereof. The time for filing such oppositions 
shall be 10 days from the filing date for petitions to deny, and the 
time for filing replies shall be 5 days from the filing date for 
oppositions.
    (d) If the Commission denies or dismisses all petitions to deny, if 
any are filed, and is otherwise satisfied that an applicant is 
qualified, the application

[[Page 418]]

will be granted. If the Commission determines that the points originally 
claimed were higher than permitted, but that there is no substantial and 
material question of fact of applicant qualifications, it will compare 
the revised point tally of the tentative selectee to the other mutually 
exclusive applicants and, either grant the original application or 
announce a new tentative selectee, as appropriate. If an applicant is 
found unqualified, the application shall be denied, and the applicant(s) 
with the next highest point tally named as the new tentative selectee.



Sec. 73.7005  Maintenance of comparative qualifications.

    (a) Assignments/Transfers. NCE stations awarded by use of the point 
system in Sec. 73.7003 shall be subject to a holding period. From the 
grant of the construction permit and continuing until the facility has 
achieved four years of on-air operations, an applicant proposing to 
assign or transfer the construction permit/license to another party will 
be required to demonstrate the following two factors: that the proposed 
buyer would qualify for the same number of or greater points as the 
assignor or transferor originally received; and that consideration 
received and/or promised does not exceed the assignor's or transferor's 
legitimate and prudent expenses. For purposes of this section, 
legitimate and prudent expenses are those expenses reasonably incurred 
by the assignor or transferor in obtaining and constructing the station 
(e.g., expenses in preparing an application, in obtaining and installing 
broadcast equipment to be assigned or transferred, etc.). Costs incurred 
in operating the station are not recoverable (e.g., rent, salaries, 
utilities, music licensing fees, etc.). Any successive applicants 
proposing to assign or transfer the construction permit/license prior to 
the end of the aforementioned holding period will be required to make 
the same demonstrations.
    (b) Technical. In accordance with the provisions of Sec. 73.7002, 
for a period of four years of on-air operations, an NCE FM applicant 
receiving a decisive preference for fair distribution of service is 
required to construct and operate technical facilities substantially as 
proposed. During this period, such applicant may make minor 
modifications to its authorized facilities, provided that either:
    (1) The modification does not downgrade service to the area on which 
the preference was based; or
    (2) Any potential loss of first and second NCE service is offset by 
at least equal first and, separately, combined first and second NCE 
service population gain(s).
    (c) Point system criteria. Any applicant selected based on the point 
system (Sec. 73.7003) must maintain the characteristics for which it 
received points for a period of time commencing with the grant of the 
construction permit and continuing until the station has achieved at 
least four years of on-air operations. During this time, any applicant 
receiving points for diversity of ownership (Sec. 73.7003(b)(2)) and 
selected through the point system, is prohibited from:
    (1) Acquiring any commercial or noncommercial AM, FM, or non-fill-in 
FM translator station which would overlap the principal community (city 
grade) contour of its NCE FM station received through the award of 
diversity points;
    (2) Acquiring any UHF, VHF, or Class A television station which 
would overlap the principal community (city grade) contour of its NCE 
television station received through the award of diversity points;
    (3) Proposing any modification to its NCE FM station received 
through the award of diversity points which would create overlap of the 
principal community (city grade) contour of such station with any 
attributable authorized commercial or noncommercial AM, FM, or non-fill-
in FM translator station;
    (4) Proposing any modification to its NCE television station 
received through the award of diversity points which would create 
overlap of the principal community (city grade) contour of such station 
with any attributable authorized UHF, VHF, or Class A television 
station;
    (5) Proposing modifications to any attributable commercial or 
noncommercial AM, FM, or non-fill-in FM translator station which would 
create

[[Page 419]]

overlap with the principal community (city grade) contour of its NCE FM 
station received through the award of diversity points; and
    (6) Proposing modifications to any attributable UHF, VHF, or Class A 
television station which would create overlap with the principal 
community (city grade) contour of its NCE television station received 
through the award of diversity points. This restriction applies to the 
applicant itself, any parties to the application, and any party that 
acquires an attributable interest in the permittee or licensee during 
this time period.
    (d) Non-comparative permits. The holding period in this section does 
not apply to construction permits that are awarded on a non-comparative 
basis, such as those awarded to non-mutually exclusive applicants or 
through settlement.

[65 FR 36380, June 8, 2000, as amended at 85 FR 7891, Feb. 12, 2020]



                    Subpart L_Incorporated Standards

    Source: 76 FR 62642, Oct. 11, 2011, unless otherwise noted.



Sec. 73.8000  Incorporation by reference.

    (a) The materials listed in this section are incorporated by 
reference in this part. These incorporations by reference were approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. These materials are incorporated as they exist 
on the date of the approval, and notice of any change in these materials 
will be published in the Federal Register. The materials are available 
for inspection at the Federal Communications Commission's Reference 
Information Center, located at the address of the FCC's main office 
indicated in 47 CFR 0.401(a), and at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) The following materials are available from Advanced Television 
Systems Committee (ATSC), 1776 K Street NW., 8th Floor, Washington, DC 
20006; or at the ATSC Web site: http://www.atsc.org/standards.html.
    (1) ATSC A/52: ``ATSC Standard Digital Audio Compression (AC-3),'' 
1995, IBR approved for Sec. 73.682.
    (2) ATSC A/53 Parts 1-4 and 6: 2007 ``ATSC Digital Television 
Standard,'' (January 3, 2007) and ATSC A/53 Part 5: 2010 ``ATSC Digital 
Television Standard: Part 5--AC-3 Audio System Characteristic,'' (July 
6, 2010), as listed below:
    (i) A/53, Part 1:2007, ``Digital Television System'' (January 3, 
2007), IBR approved for Sec. 73.682.
    (ii) A/53, Part 2:2007, ``RF/Transmission System Characteristics'' 
(January 3, 2007), IBR approved for Sec. 73.682.
    (iii) A/53, Part 3:2007, ``Service Multiplex and Transport Subsystem 
Characteristics'' (January 3, 2007), IBR approved for Sec. 73.682.
    (iv) A/53, Part 4:2007, ``MPEG-2 Video System Characteristics'' 
(January 3, 2007), IBR approved for Sec. 73.682, except for Sec. 6.1.2 
of A/53 Part 4: 2007, and the phrase ``see Table 6.2'' in section 6.1.1 
Table 6.1 and section 6.1.3 Table 6.3.
    (v) A/53, Part 5: 2010, ``AC-3 Audio System Characteristics'' (July 
6, 2010), IBR approved for Sec. 73.682.
    (vi) A/53, Part 6:2007, ``Enhanced AC-3 Audio System 
Characteristics'' (January 3, 2007), IBR approved for Sec. 73.682.
    (3) [Reserved]
    (4) ATSC A/65C: ``ATSC Program and System Information Protocol for 
Terrestrial Broadcast and Cable, Revision C With Amendment No. 1 dated 
May 9, 2006,'' (January 2, 2006), IBR approved for Sec. Sec. 73.682.
    (5) ATSC A/85:2013 ``ATSC Recommended Practice: Techniques for 
Establishing and Maintaining Audio Loudness for Digital Television,'' 
(March 12, 2013) (``ATSC A/85 RP''), IBR approved for Sec. 73.682.
    (6) ATSC A/321:2016, ``System Discovery and Signaling'' (March 23, 
2016), IBR approved for Sec. 73.682.
    (7) ATSC A/322:2017 ``Physical Layer Protocol'' (June 6, 2017), IBR 
approved for Sec. 73.682.
    (c) [Reserved]
    (d) The following materials are available at the Federal 
Communications Commission's Reference Information

[[Page 420]]

Center, located at the address of the FCC's main office indicated in 47 
CFR 0.401(a), or at the FCC's Office of Engineering and Technology (OET) 
website: http://www.fcc.gov/oet/info/documents/bulletins/.
    (1) OET Bulletin No. 69: ``Longley-Rice Methodology for Evaluating 
TV Coverage and Interference'' (February 6, 2004), IBR approved for 
Sec. 73.616.
    (2) [Reserved]

[76 FR 62642, Oct. 11, 2011, as amended at 76 FR 55604, Sept. 8, 2011; 
77 FR 40299, July 9, 2012; 79 FR 51113, Aug. 27, 2014; 83 FR 5026, Feb. 
2, 2018; 85 FR 64408, Oct. 12, 2020]



                    Sec. Alphabetical Index--Part 73

    Rules Apply to All Services, AM, FM, and TV, Unless Indicated as
                    Pertaining to a Specific Service
                   [Policies of FCC are indicated (*)]
                    A
 
Acceptability of broadcast transmitters.  73.1660
Access, Prime time (TV).................  73.658
Action on applications..................  73.3591-73.3605
Adjacent channel and co-channel
 stations, Minimum mileage, separation
 between--
    FM..................................  73.207
    NCE-FM..............................  73.507
Administrative changes in
 authorizations--
    FM..................................  73.212
    TV..................................  73.615
Advertising--
    Refusal to sell.....................  73.4005 (*)
    Sponsorship identification..........  73.1212
        See also ``Commercial''
         listings.
Affiliation agreements and network        73.658
 program practices; territorial
 exclusivity in non-network program
 arrangements (TV).
Affiliation agreements, Networks/
 stations
    AM..................................  73.132, 73.3613, 73.4154 (*)
    FM..................................  73.232, 73.3613, 73.4154 (*)
    TV..................................  73.658, 73.3613
Agreement, United States-Mexico FM        73.504
 broadcast, Channel assignments under
 (NCE-FM).
Agreements, International broadcasting..  73.1650
Alarm and monitoring points, Automatic
 transmission system--
    AM..................................  73.146
    FM..................................  73.346
    NCE-FM..............................  73.546
Allocation, Engineering standards of      73.182
 (AM).
Allocation, Field strength measurements   73.186
 in; establishment of effective field at
 one mile (AM).
Allotments, Table of (FM)...............  73.202
AM antenna systems......................  73.45
AM broadcast channels, Classes of.......  73.21, 73.23, 73.25, 73.26,
                                           73.27, 73.29
AM definitions..........................  73.14
AM directional antenna field              73.61
 measurements.
AM: Scope of subpart....................  73.1
AM stereophonic broadcasting............  73.128
AM transmission system emission           73.44
 limitations.
AM transmission system fencing            73.49
 requirements.
Amendments--
    Major/minor: Renewal, assignment,     73.3578
     transfer.
    Matter of right.....................  73.3522
    Procedures..........................  73.3513
Ammeters, antenna and common point,       73.57
 Remote reading (AM).
Announcements required--
    Designation of application for        73.3594
     hearing.
    Donor...............................  73.503, 73.621, 73.1212
    Filing of broadcast applications....  73.3580
    Sponsorship.........................  73.1212
    Station I.D.........................  73.1201
Antenna base fences, (AM)...............  73.49
Antenna, directional, Field measurements  73.61
 (AM).
Antenna, directional, Field strength      73.151
 measurements to establish performance
 of (AM).
Antenna height and Power requirements--
    FM..................................  73.211
    NCE-FM..............................  73.511
    TV..................................  73.614
Antenna heights, Minimum, or field        73.189
 strength requirements (AM).
Antenna monitors (AM)...................  73.69
Antenna monitors, Requirements for        73.53
 authorization of (AM).
Antenna monitors, Sampling system for     73.68
 (AM).
Antenna resistance and reactance;         73.54
 measurements (AM).
Antenna site, Use of common--
    FM..................................  73.239
    TV..................................  73.635
Antenna testing during daytime (AM).....  73.157
Antenna structure, marking and lighting.  73.1213
Antenna system tolerances, Directional    73.62
 (AM).
Antenna system; Transmitter location      73.685
 (TV).
Antenna systems--
    AM..................................  73.45
    FM..................................  73.316
    NCE-FM..............................  73.510
    TV..................................  73.685
Antenna systems, Directional (AM).......  73.150
Antennas, Auxiliary.....................  73.1675
Antennas, Emergency.....................  73.1680
Application and report forms............  73.3500
Applications--
    Acceptance..........................  73.3564
    Agreements for Conflict removal.....  73.3525

[[Page 421]]

 
    AM station processing...............  73.3571
    Amendment of........................  73.3522
    AM and FM construction permits,       73.4015 (*)
     incomplete or defective.
    Amendments, renewal and assignment    73.3578
     or transfer of control.
    Assign or transfer unbuilt facility.  73.3535
    Assignment, Involuntary.............  73.3540
    Assignment, Voluntary...............  73.3540
    Call signs..........................  73.3550
    Conflicting.........................  73.3518
    Conflicts: other North American       73.3570
     countries.
    Commission action required..........  73.3561
    Commission action not required......  73.3562
    Construction period.................  73.3598
    Construction permit extension.......  73.3534
    Construction permit forfeiture......  73.3599
    Contingent applications.............  73.3517
    Content.............................  73.3514
    Copies, number of; when to file.....  73.3512
    Defective...........................  73.3566
    Designation for hearing.............  73.3593
    Designation for hearing, public       73.3594
     notice.
    Dismissal...........................  73.3568
    Emergency authorization.............  73.3542
    Existing station changes............  73.3538
    Facilities specifications...........  73.3516
    Filing location; number of copies...  73.3512
    FM, FM translator processing........  73.3573
    FM stations, Commercial.............  73.4017 (*)
    Forfeiture, construction permit.....  73.3599
    Formal; informal....................  73.3511
    Grant, Conditional..................  73.3592
    Grants without hearing..............  73.3591
    Hearing designation.................  73.3593
    Hearing status retention............  73.3605
    Inconsistent........................  73.3518
    Informal; Formal....................  73.3511
    International station processing....  73.3574
    License.............................  73.3536
    Modification and simultaneous         73.3601
     renewal of license.
    Modify authorized-unbuilt facility..  73.3535
    Modified station license............  73.3544
    Multiple............................  73.3520
    Mutually exclusive applications for   73.3521
     LPTV and TV translator and booster
     stations.
    Objections, informal, Filing of.....  73.3587
    Operation during repair of            73.3549
     defective, required equipment.
    Petitions to deny...................  73.3584
    Program delivery to foreign stations  73.3545
    Public notice, Designation for        73.3594
     hearing.
    Public notice of filing.............  73.3580
    Renewal.............................  73.3539
    Renewal and simultaneous              73.3601
     modification of license.
    Repetitious.........................  73.3519
    Replacement of construction permit..  73.3534
    Rounding of nominal power on (AM)...  73.31
    Signing of..........................  73.3513
    Special service authorizations......  73.3543
    Specification of facilities.........  73.3516
    Temporary authorization.............  73.3542
    Transfer and assignment procedures..  73.3597
    Transfer of control, Involuntary....  73.3541
    Transfer of control, Voluntary......  73.3540
    Transfer or assign unbuilt facility.  73.3535
    TV, LPTV, translator and TV booster   73.3572
     processing.
    Unbuilt facilities: modify, assign    73.3535
     or transfer.
    Use of former main antenna as         73.3534
     auxiliary.
    Waiver procedure....................  73.3603
Applications for broadcast facilities,    73.37
 showing required (AM).
Assignment, FM Increasing availability    73.4107 (*)
 of.
Assignment of stations to channels (AM).  73.28
Assignment policies and procedures, FM..  73.4104 (*)
Assignments, Table of--
    FM..................................  73.202
    NCE-FM..............................  73.501
    TV..................................  73.606
Assignments, Channel, under the United    73.504
 States-Mexico--FM Broadcast Agreement
 (NCE-FM).
ATS-Automatic transmission system.......  73.1500
Attacks, Personal.......................  73.1920
Aural and visual TV transmitters,         73.653
 Operation of.
Aural baseband subcarriers, TV..........  73.665
Authorization of antenna monitors,        73.53
 Requirements for.
Authorization, Administrative changes
 in--
    FM..................................  73.212
    TV..................................  73.615
Authorizations, Experimental............  73.1510
Authorizations, Remote Control..........  73.1400
Authorizations, Special Field test......  73.1515
Authorizations, Special temporary (STA).  73.1635
Automatic transmission system (ATS).....  73.1500
Auxiliary antennas......................  73.1675
Auxiliary transmitters..................  73.1670
Availability of channels--
    FM..................................  73.203
    TV..................................  73.607
Availability to FCC of station logs and   73.1226
 records.
 
                    B
 
Barter agreements.......................  73.4045 (*)
Baseband subcarriers, Aural, TV.........  73.665
Blanketing interference--
    AM..................................  73.88
    FM..................................  73.318
Broadcast channels and stations, Classes  73.21, 73.22, 73.25, 73.26,
 of (AM).                                  73.27, 73.29

[[Page 422]]

 
Broadcast day (definition)..............  73.1700
Broadcast facilities authorizations;      73.24
 showing required (AM).
Broadcast facilities, showing required    73.37
 for applications (AM).
Broadcast of FAA communications.........  73.4102 (*)
Broadcast of lottery information........  73.1211
Broadcast of taped, filmed or recorded    73.1208
 material.
Broadcast of telephone conversation.....  73.1206
Broadcast transmitters, Acceptability of  73.1660
Broadcasting agreements, International..  73.1650
Broadcasting emergency information......  73.1250
Broadcasting, Stereophonic--
    FM..................................  73.297
    NCE-FM..............................  73.596
Broadcasts by candidates for public       73.1940
 office.
 
                    C
 
Call letters--requests and assignments..  73.3550
Candidates for public office, Broadcast   73.1940
 by.
Carrier frequency departure tolerances..  73.1545
Carrier frequency measurements..........  73.1540
Certification of financial                73.4099(*)
 qualifications.
Changes in authorizations,
 Administrative--
    FM..................................  73.212
    TV..................................  73.615
Channel assignments under the United      73.504
 States-Mexico Broadcast Agreement (NCE-
 FM).
Channels and stations, Classes of AM      73.21, 73.22, 73.25, 73.26,
 Broadcast.                                73.27, 73.29
Channel 6 Protection (NCE-FM)...........  73.525
Channels, Assignment of stations to (AM)  73.28
Channels available for assignment (NCE-   73.501
 FM).
Channels, Availability of--
    FM..................................  73.203
    TV..................................  73.607
Channels, Classes of Educational, and     73.506
 stations operating thereon.
Channels, FM broadcast, Numerical         73.201
 designation of.
Channels, Restriction on use of (FM)....  73.220
Channels, TV, Numerical designation of..  73.603
Channels, unreserved, Noncommercial       73.513
 educational broadcast stations,
 operating on (NCE-FM).
Character evaluation of broadcast         73.4280 (*)
 applicants.
Charts, Engineering--
    AM..................................  73.190
    FM..................................  73.333
    TV..................................  73.699
Charts, Groundwave field strength (AM)..  73.184
Chief operators.........................  73.1870
Children's TV programs..................  73.4050 (*)
Cigarette advertising...................  73.4055 (*)
Citizen agreements......................  73.4060 (*)
Classes of AM broadcast channels and      73.21, 73.22, 73.25, 73.26,
 stations.                                 73.27, 73.29
Classes of noncommercial educational FM   73.506
 Stations and channels.
Classes of stations; power and antenna    73.211
 height requirements.
Classified ads..........................  73.1212
Co-channel and adjacent channel
 stations, Minimum separation--
    FM..................................  73.207
    NCE-FM..............................  73.507
Combination advertising rates; joint      73.4065 (*)
 sales practices.
Commercials Loud........................  73.4075 (*)
    See Also ``Advertising'' listings.
Common antenna site, use of--
    FM..................................  73.239
    TV..................................  73.635
Common point, and antenna ammeters,       73.57
 Remote reading (AM).
Communications services, Subsidiary--
    FM..................................  73.295
    NCE-FM..............................  73.593
    TV..................................  73.667
Comparative broadcast hearings--          73.4082
 specialized formats(*).
Computation of interfering signal (AM)..  73.185
Computations, Reference points and
 distance--
    FM..................................  73.208
    TV..................................  73.611
Construction Near or Installation On an   73.1692
 AM Tower.
Construction period.....................  73.3598
Construction permit, forfeited..........  73.3599
Contests, License-Conducted.............  73.1216
Contours, Field strength--
    FM..................................  73.311
    TV..................................  73.683
Contracts, Filing of....................  73.3613
Coverage, Prediction of--
    FM..................................  73.313
    TV..................................  73.684
Cross reference to rules in other Parts.  73.1010
 
                    D
 
Day, Broadcast (definition).............  73.1700
Daylight Savings time...................  73.1209
Daytime (definition)....................  73.1720
Daytime radiation, Limitation on (AM)...  73.187
Definitions, Subscription TV............  73.641
Definitions, Technical--
    AM..................................  73.14
    FM..................................  73.310
    TV..................................  73.681
Deny, Petitions to......................  73.3584
Determining operating power--
    AM..................................  73.51
    FM..................................  73.267
    NCE-FM..............................  73.567
    TV..................................  73.663
Direct broadcast satellites.............  73.4091 (*)
Directional antenna field measurements    73.61
 (AM).
Directional antenna system tolerances     73.62
 (AM).
Directional antennas, Field strength      73.151
 measurements to establish performance
 of (AM).
Directional antenna data, Modification    73.152
 of (AM).

[[Page 423]]

 
Directional antenna monitoring points     73.158
 (AM).
Directional antenna systems (AM)........  73.150
Discontinuance of operation.............  73.1750
Distance and Reference points,
 computations of--
    FM..................................  73.208
    TV..................................  73.611
Distance separations, Minimum, between
 stations--
    FM..................................  73.207
    NCE-FM..............................  73.507
    TV..................................  73.610
Distress sales and tax certificates,      73.4140*
 Minority ownership.
Doctrine, Fairness......................  73.1910
Dolbey encoder..........................  73.4094 (*)
Donor announcements (NCE-FM)............  73.503
Double billing..........................  73.1205
Drug lyrics.............................  73.4095 (*)
Dual-language broadcasting in Puerto      73.1210
 Rico, TV/FM.
 
                    E
 
EAS (Emergency Alert System.............  11.1-11.62
EAS signal test-automated systems.......  73.4097(*)
Editorials, Political...................  73.1930
Educational, Noncommercial FM stations    73.513
 on unreserved channels (NCE-FM).
Educational stations, Noncommercial (TV)  73.621
Effective field at one kilometer,         73.186
 Establishment of (AM).
Emergency antennas......................  73.1680
Emergency Broadcast System (EBS)........  73.901-73.962
Emergency Alert System (EAS)............  11.1-11.62
Emission limitations, AM transmission     73.44
 system.
Employment opportunities, Equal.........  73.2080
Employment report.......................  73.3612
Engineering charts--
    AM..................................  73.190
    FM..................................  73.333
    TV..................................  73.699
Engineering standards of allocation (AM)  73.182
Engineering, Standards of good practice   73.508
 NCR-FM.
Equal employment opportunities..........  73.2080
Equipment performance measurements......  73.1590
Equipment tests.........................  73.1610
Establishment of effective field at one   73.186
 kilometer (AM).
Evaluation of broadcast applicant         73.4280 (*)
 character.
Exclusivity, Territorial (Network)--
    AM..................................  73.132
    FM..................................  73.232
    TV..................................  73.658
Experimental authorizations.............  73.1510
Experimental period, Operating during     73.72
 the (AM).
Extension meters........................  73.1550
 
                    F
 
FAA communications, Broadcast of........  73.4102 (*)
Facilities, Automatic transmission
 system--
    AM..................................  73.142
    FM..................................  73.342
    NCE-FM..............................  73.542
Facilities authorizations; Broadcast;     73.24
 showing required (AM).
Fairness Doctrine.......................  73.1910
FCC Policies............................  73.4000 (*)
FCC, Station inspections by.............  73.1225
Fencing requirements, AM transmission     73.49
 system.
Fencing requirements, AM stations.......  73.49
Field measurements, AM directional        73.61
 antenna.
Field strength charts, Groundwave (AM)..  73.184
Field strength contours--
    FM..................................  73.311
    TV..................................  73.683
Field strength measurements:              73.186
 establishment of effective field.
Field strength measurements--
    FM..................................  73.314
    TV..................................  73.686
Field strength measurements in support    73.153
 of applications or evidence at hearing
 (AM).
Field strength measurements to establish  73.151
 performance of directional antennas
 (AM).
Field strength requirements or, Minimum   73.189
 antenna heights (AM).
Field test authorizations, Special......  73.1515
File, Political.........................  73.1940
File, Public............................  73.3526-73.3527
Filing of applications..................  73.3511-73.3550
Filing of contracts.....................  73.3613
Filmed, taped, or recorded material;      73.1208
 Broadcast of.
Financial qualifications--
    AM and FM...........................  73.4100 (*)
    TV..................................  73.4101 (*)
    Financial qualifications,             73.4099(*)
     Certification of.
    FM assignments, increasing            73.4107 (*)
     availability.
Foreign broadcast stations--Permits to    73.3545
 furnish programs.
Forfeitures.............................  1.80
Format changes of stations..............  73.4110 (*)
Forms, Application and report...........  73.3500
FM and AM programming, Duplication of...  73.242
FM assignment policies and procedures...  73.4104 (*)
FM broadcast channels, Numerical          73.201
 designation of.
FM multiplex subcarriers, Use of........  73.293
FM multiplex subcarriers transmission     73.319
 technical standards.
FM subsidiary communications services...  73.295
    Communication services..............  73.295
FM transmitter site map submissions.....  73.4108
FM/TV dual-language broadcasting in       73.1210
 Puerto Rico.
Frequency measurement, Carrier..........  73.1540
Frequency departure tolerances, Carrier.  73.1545
 
                    G
 
General operating requirements            73.643
 (Subscription TV).
General requirements for type approval    73.692
 of modulation monitors (TV).

[[Page 424]]

 
General requirements relating to logs...  73.1800
Grants--
    Conditional.........................  73.3592
    Without hearing.....................  73.3591
Groundwave field strength charts (AM)...  73.184
Groundwave signals (AM).................  73.183
 
                    H
 
Hard Look Deficiencies and Amendments     73.3522(a)(6)
 (as modified) (FM).
Hearings, Designation of applications     73.3593
 for.
Hours, Specified........................  73.1730
 
                    I
 
Identification, Sponsorship; list         73.1212
 retention, related requirements.
Identification, Station.................  73.1201
Indicating instruments (requirements
 for)--
    AM..................................  73.58
    FM..................................  73.258
    NCE-FM..............................  73.558
    TV..................................  73.688
Indicating instruments--specifications    73.1215
 (meters).
Information available on the Internet...  73.3617
Information, Broadcasting emergency.....  73.1250
Input power, Antenna; how determined      73.51
 (AM).
Inspection of program logs, Public......  73.1850
Inspections, Station, by FCC............  73.1225
Inspections, Transmission system........  73.1580
Installation On or Construction Near an   73.1692
 AM Tower.
Instruments, Indicating (requirements
 for)--
    AM..................................  73.58
    FM..................................  73.258
    NCE-FM..............................  73.558
    TV..................................  73.688
Instruments, indicating--specifications   73.1215
 (meters).
Interference, Blanketing--
    AM..................................  73.88
    FM..................................  73.318
Interference, Protection from--
    FM..................................  73.209
NCE-FM..................................  73.509
TV......................................  73.612
Interference to Astronomy, Research and   73.1030
 Receiving installations, Notifications
 concerning.
Interfering signal, Computation of (AM).  73.185
International Broadcast stations........  73.701-73.793
    Definitions.........................  73.701
    Assignment and use of frequencies...  73.702
    Geographical zones and areas of       73.703
     reception.
    Notification of filing of             73.1030
     applications.
    Equipment tests.....................  73.712
    Program tests.......................  73.713
    Licensing requirements..............  73.731
    Authorizations......................  73.732
    Normal license period...............  73.733
    Operating power.....................  73.751
    Antenna systems.....................  73.753
    Frequency monitors..................  73.754
    Modulation monitors.................  73.755
    Transmission system requirements....  73.756
    Auxiliary transmitters..............  73.757
    Alternate main transmitters.........  73.758
    Modification of transmission systems  73.759
    Time of operation...................  73.761
    Station inspection..................  73.1225
    Station license and seasonal          73.1230
     schedules, posting of.
    International broadcast station       73.764
     operator requirements.
    Determining operating power.........  73.765
    Modulation and bandwidth............  73.766
    Frequency tolerance.................  73.1545
    Antenna structure marking and         73.1213
     lighting.
    Discontinuance of operation.........  73.1750
    Logs................................  73.781
    Retention of logs...................  73.782
    Logs, by whom kept..................  73.1800
    Log form............................  73.1800
    Log corrections.....................  73.1800
    Station identification..............  73.787
    Service; Commercial or sponsored      73.788
     programs.
    Sponsorship identification..........  73.1212
    Rebroadcasts........................  73.1207
    Equal employment opportunities......  73.2080
International broadcasting agreements...  73.1650
 
                    L
 
Letters received from the public,         73.1202
 Retention of.
License period, Station.................  73.1020
Licensee-conducted contests.............  73.1216
Licenses, station and operator, Posting   73.1250
 of.
Licensing, Acceptability of broadcast     73.640
 transmitters for (TV).
Licensing by lottery or random selection  1.1601-1.1623, 73.3572,
                                           73.3584, 73.3597
Licensing policies (Subscription TV)....  73.642
Licensing requirements and service (NCE-  73.503
 FM).
Lighting and marking, Antenna structure.  73.1213
Limitation on daytime radiation (AM)....  73.187
Limited time............................  73.1725
Lists retention; Sponsorship              73.1212
 identification; related requirements.
Location of transmitter--
    FM..................................  73.315
    TV..................................  73.685
Location, Station.......................  73.1120
Location, Transmitter and antenna system  73.685
 (TV).
Logs--
    General requirements related to the   73.1800
     station.
    Station.............................  73.1820
    Program.............................  73.1810
    Program, Public inspection of.......  73.1850
    Retention of........................  73.1840
Logs and records, Availability to FCC...  73.1226
Lottery or random selection licensing...  1.1601-1.1623, 73.3572,
                                           73.3584, 73.3597
Lottery information, Broadcast of.......  73.1211
 

[[Page 425]]

 
                    M
 
Main transmitters.......................  73.1665
Maintenance and tests, Operation for....  73.1520
Marking and Lighting, Antenna structure.  73.1213
Measurements, Antenna resistance and      73.54
 reactance (AM).
Measurements, Carrier frequency.........  73.1540
Measurements, Equipment performance.....  73.1590
Measurements, Field strength, for         73.186
 establishment of effective field at one
 mile. (AM).
Measurements, Field strength in support   73.153
 of applications or evidence at hearings
 (AM).
Measurements, Field strength--
    FM..................................  73.314
    TV..................................  73.686
Measurements, Field strength, to          73.151
 establish performance of directional
 antennas (AM).
Measurements, Equipment performance.....  73.1590
Meters, Extension.......................  73.1550
Meters--specifications..................  73.1215
Mexican/U.S. Agreement..................  73.3570
Mexico--U.S. FM Broadcast Agreement,      73.504
 Channel Assignment under (NCE-FM).
Minimum antenna heights or field          73.189
 strength requirements (AM).
Minimum filing requirement (FM).........  73.3564(a)
Minimum operating schedule..............  73.1740
Minimum separations between stations--
    FM..................................  73.207
    NCE-FM..............................  73.507
    TV..................................  73.610
Minimum separation, Stations at spacings  73.213
 below (FM).
Minority ownership; tax certificates and  73.4140 (*)
 distress sales.
Misrepresentation in advertising bill-    73.1205
 ings.
Mode and Operating power tolerances.....  73.1560
Modification of directional antenna data  73.152
 (AM).
Modification of facilities, Operation     73.1615
 during.
Modification of transmission systems....  73.1690
Modulation levels, AM, FM, and TV aural.  73.1570
Modulation monitoring equipment, Visual.  73.691
Monitoring and alarm points, Automatic
 transmission system--
    AM..................................  73.146
    FM..................................  73.346
    NCE-FM..............................  73.546
Monitoring equipment, Visual modulation.  73.691
Monitoring point locations..............  73.158
Monitors, Antenna (AM)..................  73.69
Monitors, antenna, Requirements for       73.53
 authorization of (AM).
Monitors, antenna, Sampling system for    73.68
 (AM).
Multiple ownership......................  73.3555
    Multiplex subcarrier transmission     73.319
     technical standards, FM.
Multiplex subscribers, Use of--
    FM..................................  73.293
    TV..................................  73.665
Multiplex subsidiary, Use of............  73.667
Multiplex transmission, Use of (AM).....  73.127
 
                    N
 
NARBA (North American Regional            73.3570
 Broadcasting Agreement).
Network, Affiliation agreements and       73.658
 program practices; territorial
 exclusivity in non-network program
 arrangements (TV).
Network/AM and FM station affiliation     73.4154 (*)
 agreements.
Network signals--adversely affecting      73.4157 (*)
 affiliate service.
Network/station affiliation agreements--
    AM..................................  73.132, 73.3613, 73.4154 (*)
    FM..................................  73.232, 73.3613, 73.4154 (*)
    TV..................................  73.658, 73.3613
Network syndication.....................  73.658
(Network), Territorial exclusivity--
    AM..................................  73.132
    FM..................................  73.232
    TV..................................  73.658
Nighttime service areas, Class II and     73.4160 (*)
 III AM Stations; computation.
Nominal Power, Rounding of (AM).........  73.31
Noncommercial educational channel         73.504
 assignments under the United States-
 Mexico FM Broadcast Agreement.
Noncommercial educational FM stations     73.506
 and channels.
Noncommercial educational FM stations     73.513
 operating on unreserved channels.
Noncommercial educational stations (TV).  73.621
Noncommercial nature--educational         73.4163 (*)
 broadcast stations.
Notifications concerning interference to  73.1030
 Radio Astronomy, Research and Receiving
 installations.
Numerical designation of FM broadcast     73.201
 channels.
Numerical designation of TV channels....  73.603
 
                    O
 
Objections (informal) to applications...  73.3587
Obscene language........................  73.4165 (*)
Obscene lyrics..........................  73.4170 (*)
Operating during the experimental period  73.72
 (AM).
Operating on unreserved channels,         73.513
 Noncommercial educational broadcast
 stations (NCE-FM).
Operating power, Determining--
    AM..................................  73.51
    FM..................................  73.267
    NCE-FM..............................  73.567
    TV..................................  73.663
Operating power and mode tolerances.....  73.1560
Operating requirements, General           73.643
 (Subscription TV operations).

[[Page 426]]

 
Operating schedule, Minimum.............  73.1740
Operating schedule; time sharing (NCE-    73.561
 FM).
Operation, Discontinuance of............  73.1750
Operation during modification of          73.1615
 facilities.
Operation for tests and maintenance.....  73.1520
Operation of TV aural and visual          73.653
 transmitters.
Operation, Remote Control...............  73.1410
Operation, Time of......................  73.1705
Operation, Unauthorized.................  73.1745
Operator and station licenses, Posting    73.1230
 of.
Operators, Chief........................  73.1870
Operators, Transmitter duty.............  73.1860
Overlap, Prohibited.....................  73.509
Ownership, Multiple.....................  73.3555
Ownership report........................  73.3615
 
                    P
 
Payment disclosure: Payola, plugola,      73.4180 (*)
 kickbacks.
Performance measurements, Equipment.....  73.1590
Performance of directional antennas,      73.151
 Field strength measurements to
 establish (AM).
Performance requirements, AM              73.40
 transmission systems.
Permissible transmissions (FM)..........  73.277
Personal attacks........................  73.1920
Petitions to deny.......................  73.3584
Plans, State-wide (NCE-FM)..............  73.502
Points, Reference, and distance           73.611
 computations (TV).
Point-to-point emergency messages.......  73.1250
Policies, Licensing (TV)................  73.642
Policies of FCC.........................  73.4000 (*)
Political advertising by UHF translators  73.4195 (*)
Political advertising--sponsorship        73.1212
 identification.
Political broadcasting and telecasting,   73.4185 (*)
 The law of.
Political candidate authorization notice  73.4190 (*)
 and sponsorship identification.
Political editorials....................  73.1930
Political file..........................  73.1940
Portable test stations..................  73.1530
Posting of station and operator licenses  73.1230
Power and antenna height requirements--
    FM..................................  73.211
    NCE-FM..............................  73.511
    TV..................................  73.614
Power and mode tolerances, Operating....  73.1560
Power, nominal, Rounding of (AM)........  73.31
Power, operating, determining--
    AM..................................  73.51
    FM..................................  73.267
    NCE-FM..............................  73.567
    TV..................................  73.663
Prediction of coverage--
    FM..................................  73.313
    TV..................................  73.684
Presunrise service authorization (PSRA)   73.99
 and Post sunset service authorization
 (PSSA).
Prime time access (TV)..................  73.658
Procedure Manual: ``The Public and        73.4210 (*)
 Broadcasting''.
Processing of applications..............  73.3561-73.3587
Program logs............................  73.1810
Program logs, Public inspection of......  73.1850
Program matter: Supplier identification.  73.4215 (*)
Prgoram practices, network, and           73.658
 Affiliation agreements; territorial
 exclusivity in non-network program
 arrangements (TV).
Program tests...........................  73.1620
Prohibited overlap......................  73.509
Proofs of performance, partial and        73.154
 skeleton, Field strength measurements
 (AM).
Protection from interference--
    FM..................................  73.209
    NCE-FM..............................  73.509
    TV..................................  73.612
Proxy statements and tender offers......  73.4266(*)
Public inspection file..................  73.3526-73.3527
Public inspection of program logs.......  73.1850
Public office, Broadcasts by candidates   73.1940
 for.
Puerto Rico TV/FM, dual-language          73.1210
 broadcasting in.
 
                    Q
 
Quiet zone..............................  73.1030
 
                    R
 
Radiation characteristics, Vertical       73.160
 plane.
Radiation, daytime, Limitation on (AM)..  73.187
Random selection or lottery licensing...  1.1601-1.1623, 73.23572,
                                           73.3584, 73.3597
Rebroadcasts............................  73.1207
Recorded, taped or filmed material;       73.1208
 Broadcast of.
Recording telephone conversations.......  73.1206
Records and logs, Availability to FCC...  73.1226
Records, special technical..............  73.1835
Reference, Cross, to rules in other       73.1010
 Parts.
Reference points and distance
 computations--
    FM..................................  73.208
    TV..................................  73.611
Reference to time.......................  73.1209
Remote control authorizations...........  73.1400
Remote control operation................  73.1410
Remote reading antenna and common point   73.57
 ammeters (AM).
Renewal period..........................  73.1020
Report and application forms............  73.3500
Requirements, Equipment and technical     73.644
 system performance (TV).
Requirements for authorization of         73.53
 antenna monitors (AM).
Requirements, Subscription TV, operating  73.643
Requirements, Power and antenna height--
    AM..................................  73.189
    FM..................................  73.211
    NCE-FM..............................  73.511
    TV..................................  73.614
Requirements, relating to logs, General.  73.1800
Requirements, Transmission system
    FM..................................  73.317

[[Page 427]]

 
    TV..................................  73.687
Requirements, Transmission system         73.40
 performance (AM).
Responses and statements to Commission    73.1015
 inquiries.
Restrictions on use of channels (FM)....  73.220
Retention of letters received from the    73.1202
 public.
Retention of logs.......................  73.1840
Rounding of nominal power (AM)..........  73.31
(Rules common to all broadcast            73.1001
 stations), Scope.
Rules in other Parts, Cross reference to  73.1010
 
                    S
 
Sampling systems for antenna monitors     73.68
 (AM).
Satellites, Direct broadcast............  73.4091 (*)
SCA--
    FM..................................  73.293
    NCE-FM..............................  73.593
Schedule, Minimum operating.............  73.1740
Schedule; Operating, time sharing (NCE-   73.561
 FM).
School closings.........................  73.1250
Scope of Subpart A (AM).................  73.1
Scope of Subpart E (TV).................  73.601
Scope of Subpart H (rules common to all   73.1001
 broadcast stations).
Separations (channel) (TV)..............  73.610
Separations, Minimum mileage, between co-
 channel and adjacent channel stations--
    FM..................................  73.217
    NCE-FM..............................  73.507
Separations, Stations at spacings below   73.213
 minimum (FM).
Service and licensing requirements (NCE-  73.503
 FM).
Share time..............................  73.1715
Sharing time, Operating schedule (NCE-    73.561
 FM).
Short-spacing agreements: FM stations...  73.4235 (*)
Showing required; Applications for        73.37
 broadcast facilities (AM).
Signal, Computation of interfering (AM).  73.185
Signal, Groundwave (AM).................  73.183
Site, common antenna, Use of--
    FM..................................  73.239
    TV..................................  73.635
Spacings, Stations below the minimum      73.213
 separations (FM).
Special antenna test authorizations (AM)  73.157
Special field test authorization........  73.1515
Special technical records...............  73.1835
Special temporary authorizations (STA's)  73.1635
Specifications--Indicating instruments    73.1215
 (meters).
Specified hours.........................  73.1730
Sponsorship identification list           73.1212
 retention; related requirements.
Sponsorship identification rules,         73.4242 (*)
 Applicability of.
STA's (Special temporary authorizations)  73.1635
Standard time...........................  73.1209
Standards, FM multiplex subcarrier,       73.319
 technical.
Standards of allocation, Engineering      73.182
 (AM).
Standards of good engineering practice--  73.508
 NCE-FM.
Standards, Stereophonic transmission      73.322
 (FM).
Standards, Transmission.................  73.682
State-wide plans (NCE-FM)...............  74.502
Statements and responses to Commission    73.1015
 inquiries.
Station and operator licenses, Posting    74.1230
 of.
Station identification..................  73.1201
Station inspections by FCC..............  73.1225
Station license period..................  73.1020
Station location........................  73.1120
Station log.............................  73.1820
Station transferring....................  73.1150
Stations, Assignment of, to channels      73.28
 (AM).
Stations at spacings below the minimum    73.213
 separation (FM).
Stations, Noncommercial educational (TV)  73.621
Stations, Noncommercial educational FM,   73.513
 operating on unreserved channels.
Stereophonic sound broadcasting--
    AM..................................  73.128
    FM..................................  73.297
    NCE-FM..............................  73.597
    TV..................................  73.669
Stereophonic pilot subcarriers--          73.4246 (*)
 monophonic programming.
Stereophonic sound transmission
 standards--
    AM..................................  73.128
    FM..................................  73.322
    TV..................................  73.682
Subcarrier multiplex, transmission
 standards--
    FM..................................  73.319
Subcarrier, multiplex, Use of--
    FM..................................  73.293
    TV..................................  73.665
Subliminal perception...................  73.4250 (*)
Subpart A, Scope of (AM)................  73.1
Subpart E, Scope of (TV)................  73.601
Subpart H, Scope of (rules common to all  73.1001
 broadcast stations).
(Subscription TV operations),             73.641
 Definitions.
Subsidiary Communications services--
    FM..................................  73.295
    NCE-FM..............................  73.595
    TV..................................  73.667
Subscription TV--
    Competing applications..............  73.4247 (*)
    Definitions.........................  73.641
    Licensing policies..................  73.642
    Operating requirements..............  73.643
    Transmission systems................  73.644
Syndication, network....................  73.658
 
                    T
 
Table of assignments--
    FM..................................  73.202
    TV..................................  73.606
Tables (Distance-degree conversions and   73.698
 separations) (TV).
Taped, filmed, or recorded material;      73.1208
 Broadcast of.

[[Page 428]]

 
Tax certificates and distress sales;      73.4140(*)
 Minority sales.
Tax certificates: Issuance of...........  73.4255 (*)
Teaser announcements....................  73.4260 (*)
Technical definitions--
    AM..................................  73.14
    FM..................................  73.310
    TV..................................  73.681
Technical records, Special..............  73.1835
(Technical standards), Definitions (TV).  73.681
Telecommunications service on vertical    73.646
 blanking interval.
Telephone conversations, Broadcast of...  73.1206
Telephone conversation broadcasts         73.4625 (*)
 (network and like sources).
Television channels, Numerical            73.603
 designation of.
Temporary authorizations, Special         73.1635
 (STA's).
Tender offers and proxy statements......  73.4266(*)
Territorial exclusivily in non-network    73.658
 program arrangements; Affiliation
 agreements and network program
 practices (TV).
Territorial exclusivity, (Network)--
    AM..................................  73.132
    FM..................................  73.232
    TV..................................  73.658
Test authorization, Special field.......  73.1515
Test stations, Portable.................  73.1530
Testing antenna during daytime (AM).....  73.157
Tests and maintenance, Operation for....  73.1520
Tests of equipment......................  73.1610
Tests, Program..........................  73.1620
Time brokerage..........................  73.4627 (*)
Time of operation.......................  73.1705
Time, Limited...........................  73.1725
Time, Reference to......................  73.1209
Time, Share.............................  73.1715
Time Sharing, Operating schedule (NCE-    73.561
 FM).
Time, Unlimited.........................  73.1710
Tolerances, Carrier frequency departure.  73.1545
Tolerances, Directional antenna system    73.62
 (AM).
Tolerances, Operating power and mode....  73.1560
Tone clusters: Audio attention-getting    73.4275 (*)
 devices.
Topographic data (FM)...................  73.3120
Tower lighting and painting.............  73.1213
Transferring a station..................  73.1150
Transmission standards, Changes in......  73.1695
Transmission standards (TV).............  73.682
Transmission system, Automatic (ATS)....  73.1500
Transmission system emission              73.44
 limitations, (AM).
Transmission system inspections.........  73.1580
Transmission system installation and      73.49
 safety requirements, AM.
Transmission system performance           73.40
 requirements (AM).
Transmission system requirements--
    FM..................................  73.317
    TV..................................  73.687
Transmission systems, Modification of...  73.1690
Transmission systems, subscription TV...  73.644
Transmissions, Permissible (FM).........  73.277
Transmitter duty operators..............  73.1860
Transmitter, Location--
    FM..................................  73.315
    TV..................................  73.685
Transmitter location and antenna system   73.685
 (TV).
Transmitters, Auxiliary.................  73.1670
Transmitters, broadcast, Acceptability    73.1660
 of.
Transmitters, Main......................  73.1665
Transmitters, TV, aural and visual,       73.653
 Operation of.
TV Channel 6 protection (NCE-FM)........  73.525
TV colorburst during black/white          73.4272 (*)
 programming.
TV/FM dual-language broadcasting in       73.1210
 Puerto Rico.
Type approval of modulation monitors,     73.692
 General requirements (TV).
 
                    U
 
Unauthorized operation..................  73.1745
U.S./Mexican Agreement..................  73.3570
USA-Mexico FM Broadcast Agreement,        73.504
 Channel assignments under (NCE-FM).
Unlimited time..........................  73.1710
Unreserved channels, Noncommercial        73.513
 educational broadcast stations
 operating on (NCE-FM).
Use of channels, Restrictions on (FM)...  73.220
Use of common antenna site--
    FM..................................  73.239
    TV..................................  73.635
     Use of multiplex subcarriers--
    FM..................................  73.293
    TV..................................  73.665
Use of multiplex transmissions (AM).....  73.127
 
                    V
 
Vertical blanking interval,               73.646
 Telecommunication service on.
Vertical plane radiation characteristics  73.160
Visual and aural TV transmitters,         73.653
 Operation of.
Visual modulation monitoring equipment..  73.691
 
                    W
 
Want ads................................  73.1212
 
                    Z
 
Zone, Quiet.............................  73.1030
Zones--
    FM..................................  73.205
    NCE-FM..............................  73.505
    TV..................................  73.609
 


[50 FR 38530, Sept. 23, 1985; 50 FR 40395, Oct. 3, 1985, as amended at 
51 FR 34621, 34622, Sept. 30, 1986; 52 FR 37316, Oct. 6, 1987; 52 FR 
47569, Dec. 15, 1987; 53 FR 2499, Jan. 28, 1988; 58 FR 51250, Oct. 1, 
1993; 59 FR 67103, Dec. 28, 1994; 63 FR 33878, June 22, 1998; 82 FR 
57884, Dec. 8, 2017]

[[Page 429]]



PART 74_EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND
OTHER PROGRAM DISTRIBUTIONAL SERVICES--Table of Contents



      Subpart_General; Rules Applicable to All Services in Part 74

Sec.
74.1 Scope.
74.2 General definitions.
74.3 FCC inspections of stations.
74.5 Cross reference to rules in other parts.
74.6 Licensing of broadcast auxiliary and low power auxiliary stations.
74.12 Notification of filing of applications.
74.13 Equipment tests.
74.14 Service or program tests.
74.15 Station license period.
74.16 Temporary extension of station licenses.
74.18 Transmitter control and operation.
74.19 Special technical records.
74.21 Broadcasting emergency information.
74.22 Use of common antenna structure.
74.23 Interference jeopardizing safety of life or protection of 
          property.
74.24 Short-term operation.
74.25 Temporary conditional operating authority.
74.28 Additional orders.
74.30 Antenna structure, marking and lighting.
74.32 Operation in the 17.7-17.8 GHz and 17.8-19.7 GHz bands.
74.34 Period of construction; certification of completion of 
          construction.

Subparts A-C [Reserved]

               Subpart D_Remote Pickup Broadcast Stations

74.401 Definitions.
74.402 Frequency assignment.
74.403 Frequency selection to avoid interference.
74.431 Special rules applicable to remote pickup stations.
74.432 Licensing requirements and procedures.
74.433 Temporary authorizations.
74.434 Remote control operation.
74.436 Special requirements for automatic relay stations.
74.451 Certification of equipment.
74.452 Equipment changes.
74.461 Transmitter power.
74.462 Authorized bandwidth and emissions.
74.463 Modulation requirements.
74.464 Frequency tolerance.
74.465 Frequency monitors and measurements.
74.482 Station identification.

              Subpart E_Aural Broadcast Auxiliary Stations

74.501 Classes of aural broadcast auxiliary stations.
74.502 Frequency assignment.
74.503 Frequency selection.
74.531 Permissible service.
74.532 Licensing requirements.
74.533 Remote control and unattended operation.
74.534 Power limitations.
74.535 Emission and bandwidth.
74.536 Directional antenna required.
74.537 Temporary authorizations.
74.550 Equipment authorization.
74.551 Equipment changes.
74.561 Frequency tolerance.
74.562 Frequency monitors and measurements.
74.582 Station identification.

            Subpart F_Television Broadcast Auxiliary Stations

74.600 Eligibility for license.
74.601 Classes of TV broadcast auxiliary stations.
74.602 Frequency assignment.
74.603 Sound channels.
74.604 Interference avoidance.
74.605 Registration of stationary television pickup receive sites.
74.631 Permissible service.
74.632 Licensing requirements.
74.633 Temporary authorizations.
74.634 Remote control operation.
74.635 Unattended operation.
74.636 Power limitations.
74.637 Emissions and emission limitations.
74.638 Frequency coordination.
74.641 Antenna systems.
74.643 Interference to geostationary-satellites.
74.644 Minimum path lengths for fixed links.
74.651 Equipment changes.
74.655 Authorization of equipment.
74.661 Frequency tolerance.
74.662 Frequency monitors and measurements.
74.663 Modulation limits.
74.682 Station identification.
74.690 Transition of the 1990-2025 MHz band from the Broadcast Auxiliary 
          Service to emerging technologies.

            Subpart G_Low Power TV and TV Translator Stations

74.701 Definitions.
74.702 Channel assignments.
74.703 Interference.
74.706-74.708 [Reserved]
74.709 Land mobile station protection.
74.710 [Reserved]

[[Page 430]]

74.720 Digital low power TV distributed transmission systems.
74.731 [Reserved]
74.732 Eligibility and licensing requirements.
74.733 [Reserved]
74.734 Attended and unattended operation.
74.735 Power limitations.
74.736 [Reserved]
74.737 Antenna location.
74.750 Transmission system facilities.
74.751 Modification of transmission systems.
74.761 [Reserved]
74.762 Frequency measurements.
74.763 Time of operation.
74.769 Familiarity with FCC rules.
74.779 Electronic delivery of notices to LPTV stations.
74.780 Broadcast regulations applicable to translators and low power 
          stations.
74.781 Station records.
74.782 Low power television and TV translator simulcasting during the 
          ATSC 3.0 (Next Gen TV) transition.
74.783 Station identification.
74.784 Rebroadcasts.
74.785 Low power TV digital data service pilot project.
74.786 [Reserved]
74.787 Licensing.
74.788-74.789 [Reserved]
74.790 Permissible service of TV translator and LPTV stations.
74.791 Call signs.
74.792 Low power TV and TV translator station protected contour.
74.793 Low power TV and TV translator station protection of broadcast 
          stations.
74.794 Digital emissions.
74.795 Low power TV and TV translator transmission system facilities.
74.796 Modification of transmission systems.
74.797 Biennial Ownership Reports.
74.798 [Reserved]
74.799 Low power television and TV translator channel sharing.

                 Subpart H_Low Power Auxiliary Stations

74.801 Definitions.
74.802 Frequency assignment.
74.803 Frequency selection to avoid interference.
74.831 Scope of service and permissible transmissions.
74.832 Licensing requirements and procedures.
74.833 Temporary authorizations.
74.851 Certification of equipment; prohibition on manufacture, import, 
          sale, lease, offer for sale or lease, or shipment of devices 
          that operate in the 700 MHz Band or the 600 MHz Band; labeling 
          for 700 MHz or 600 MHz band equipment destined for non-U.S. 
          markets; disclosures.
74.852 Equipment changes.
74.861 Technical requirements.
74.870 Wireless video assist devices.
74.882 Station identification.

Subparts I-K [Reserved]

  Subpart L_FM Broadcast Translator Stations and FM Broadcast Booster 
                                Stations

74.1201 Definitions.
74.1202 Frequency assignment.
74.1203 Interference.
74.1204 Protection of FM broadcast, FM Translator and LP100 stations.
74.1205 Protection of channel 6 TV broadcast stations.
74.1231 Purpose and permissible service.
74.1232 Eligibility and licensing requirements.
74.1233 Processing FM translator and booster station applications.
74.1234 Unattended operation.
74.1235 Power limitations and antenna systems.
74.1236 Emission and bandwidth.
74.1237 Antenna location.
74.1250 Transmitters and associated equipment.
74.1251 Technical and equipment modifications.
74.1261 Frequency tolerance.
74.1262 Frequency monitors and measurements.
74.1263 Time of operation.
74.1269 Familiarity with FCC rules.
74.1281 Station records.
74.1283 Station identification.
74.1284 Rebroadcasts.
74.1290 [Reserved]

Alphabetical Index--Part 74

    Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336 and 
554.

    Editorial Note: Nomenclature changes to part 74 appear at 64 FR 
4055, Jan. 27, 1999.



      Subpart_General; Rules Applicable to All Services in Part 74



Sec. 74.1  Scope.

    (a) The rules in this subpart are applicable to the Auxiliary and 
Special Broadcast and Other Program Distributional Services.
    (b) Rules in part 74 which apply exclusively to a particular service 
are contained in that service subpart, as follows: Remote Pickup 
Broadcast Stations, subpart D; Aural Broadcast STL and Intercity Relay 
Stations, subpart E; TV Auxiliary Broadcast Stations, subpart F; Low-
power TV, TV Translator and TV Booster Stations, subpart

[[Page 431]]

G; Low-power Auxiliary Stations, subpart H; FM Broadcast Translator 
Stations and FM Broadcast Booster Stations, subpart L.

[78 FR 25174, Apr. 29, 2013]



Sec. 74.2  General definitions.

    Broadcast network-entity. A broadcast network-entity is an 
organization which produces programs available for simultaneous 
transmission by 10 or more affiliated broadcast stations and having 
distribution facilities or circuits available to such affiliated 
stations at least 12 hours each day.
    Cable network-entity. A cable network-entity is an organization 
which produces programs available for simultaneous transmission by cable 
systems serving a combined total of at least 5,000,000 subscribers and 
having distribution facilities or circuits available to such affiliated 
stations or cable systems.

[51 FR 4601, Feb. 6, 1986]



Sec. 74.3  FCC inspections of stations.

    (a) The licensee of a station authorized under this part must make 
the station available for inspection by representatives of the FCC 
during the station's business hours, or at any time it is in operation.
    (b) In the course of an inspection or investigation, an FCC 
representative may require special equipment tests or program tests.
    (c) The logs and records required by this part for the particular 
class or type of station must be made available upon request to 
representatives of the FCC.

[47 FR 53022, Nov. 24, 1982]



Sec. 74.5  Cross reference to rules in other parts.

    Certain rules applicable to Auxiliary, Special Broadcast and other 
Program Distribution services, some of which are also applicable to 
other services, are set forth in the following parts of the FCC Rules 
and Regulations:
    (a) Part 1, ``Practice and procedure''.
    (1) Subpart A, ``General Rules of Practice and Procedure''. 
(Sec. Sec. 1.1 to 1.117).
    (2) Subpart B, ``Hearing Proceedings''. (Sec. Sec. 1.201 to 1.364).
    (3) Subpart C, ``Rulemaking Proceedings''. (Sec. Sec. 1.399 to 
1.430).
    (4) Subpart F, ``Wireless Telecommunications Services Applications 
and Proceedings''. (Sec. Sec. 1.901 to 1.981).
    (5) Subpart G, ``Schedule of Statutory Charges and Procedures for 
Payment''. (Sec. Sec. 1.1101 to 1.1120).
    (6) Subpart H, ``Ex Parte Presentations''. (Sec. Sec. 1.1200 to 
1.1216).
    (7) Subpart I, ``Procedures Implementing the National Environmental 
Policy Act of 1969''. (Sec. Sec. 1.1301 to 1.1319).
    (8) Subpart T, ``Foreign Ownership of Broadcast, Common Carrier, 
Aeronautical En Route, and Aeronautical Fixed Radio Station Licensees''. 
(Sec. Sec. 1.5000 to 1.5004).
    (9) Part 1, Subpart W of the chapter, ``FCC Registration Number''. 
(Sec. Sec. 1.8001-1.8005).
    (b) Part 2, ``Frequency Allocations and Radio Treaty Matters, 
General Rules and Regulations'', including subparts A, ``Terminology''; 
B, ``Allocation, Assignments and Use of Radio Frequencies''; C, 
``Emissions''; D, ``Call Signs and Other Forms of Identifying Radio 
Transmissions''; and J, ``Equipment Authorization Proceedings''.
    (c) [Reserved]
    (d) Part 17, ``Construction, Marking and Lighting of Antenna 
Structures''.
    (e) Part 73, ``Radio Broadcast Services''.
    (f) Part 101, ``Fixed Microwave Services''.

[53 FR 2499, Jan. 28, 1988, as amended at 60 FR 55482, Nov. 1, 1995; 66 
FR 47896, Sept. 14, 2001; 68 FR 12761, Mar. 17, 2003; 76 FR 70911, Nov. 
16, 2011; 78 FR 25174, Apr. 29, 2013; 81 FR 86613, Dec. 1, 2016]



Sec. 74.6  Licensing of broadcast auxiliary and low power auxiliary stations.

    Applicants for and licensees of remote pickup broadcast stations, 
aural broadcast auxiliary stations, television broadcast auxiliary 
stations, and low power auxiliary stations authorized under subparts D, 
E, F, and H of this part are subject to the application and procedural 
rules for wireless telecommunications services contained in part 1, 
subpart F of this chapter. Applicants for these stations may file either 
manually or electronically as specified in Sec. 1.913(b) and (d) of 
this chapter.

[68 FR 12761, Mar. 17, 2003]

[[Page 432]]



Sec. 74.12  Notification of filing of applications.

    The provisions of Sec. 73.1030 ``Notification concerning 
interference to Radio Astronomy, Research, and Receiving Installations'' 
apply to all stations authorized under this part of the FCC Rules except 
the following:
    (a) Mobile remote pickup stations (subpart D).
    (b) TV pickup stations (subpart F).
    (c) Low power auxiliary stations (subpart H).

[44 FR 58735, Oct. 11, 1979, as amended at 44 FR 77167, Dec. 31, 1979; 
47 FR 28388, June 30, 1982]



Sec. 74.13  Equipment tests.

    (a) During the process of construction of any class of radio station 
listed in this part, the permittee, without further authority of the 
Commission, may conduct equipment tests for the purpose of such 
adjustments and measurements as may be necessary to assure compliance 
with the terms of the construction permit, the technical provisions of 
the application therefor, the technical requirements of this chapter, 
and the applicable engineering standards.
    (b) Equipment tests may be continued so long as the construction 
permit shall remain valid.
    (c) The authorization for tests embodied in this section shall not 
be construed as constituting a license to operate.

[38 FR 18378, July 10, 1973]



Sec. 74.14  Service or program tests.

    (a) Upon completion of construction of a radio station in accordance 
with the terms of the construction permit, the technical provisions of 
the application therefor, technical requirements of this chapter, and 
applicable engineering standards, and when an application for station 
license has been filed showing the station to be in satisfactory 
operating condition, the permittee or any class of station listed in 
this part may, without further authority of the Commission, conduct 
service or program tests.
    (b) Program test authority for stations authorized under this part 
will continue valid during Commission consideration of the application 
for license and during this period further extension of the construction 
permit is not required. Program test authority shall be automatically 
terminated with final action on the application for station license.
    (c) The authorization for tests embodied in this section shall not 
be construed as approval by the Commission of the application for 
station license.

[38 FR 18378, July 10, 1973]



Sec. 74.15  Station license period.

    (a) [Reserved]
    (b) Licenses for stations or systems in the Auxiliary Broadcast 
Service held by a licensee of a broadcast station will be issued for a 
period running concurrently with the license of the associated broadcast 
station with which it is licensed. Licenses held by eligible networks 
for the purpose of providing program service to affiliated stations 
under subpart D of this part, and by eligible networks, cable television 
operators, motion picture producers and television program producers 
under subpart H of this part will be issued for a period running 
concurrently with the normal licensing period for broadcast stations 
located in the same area of operation. Licenses held by large venue 
owners or operators and professional sound companies under subpart H of 
this part will be issued for a period not to exceed ten years from the 
date of initial issuance or renewal.
    (c) The license of an FM broadcast booster station or a TV broadcast 
booster station will be issued for a period running concurrently with 
the license of the FM radio broadcast station or TV broadcast station 
(primary station) with which it is used.
    (d) Initial licenses for low power TV, TV translator, and FM 
translator stations will ordinarily be issued for a period running until 
the date specified in Sec. 73.1020 of this chapter for full service 
stations operating in their State or Territory, or if issued after such 
date, to the next renewal date determined in accordance with Sec. 
73.1020 of this chapter. Lower power TV and TV translator station and FM 
translator station licenses will ordinarily be renewed for 8 years. 
However, if the FCC finds that

[[Page 433]]

the public interest, convenience or necessity will be served, it may 
issue either an initial license or a renewal thereof for a lesser term. 
The FCC may also issue a license renewal for a shorter term if requested 
by the applicant. The time of expiration of all licenses will be 3 a.m. 
local time, on the following dates, and thereafter to the schedule for 
full service stations in their states as reflected in Sec. 73.1020 of 
this chapter:
    (1) Nevada:
    (i) FM translators, February 1, 1997.
    (ii) LPTV and TV translator, February 1, 1998.
    (2) California:
    (i) FM translators, April 1, 1997.
    (ii) LPTV and TV translators, April 1, 1998
    (3) Maine, Vermont, New Hampshire, Massachusetts, Connecticut, 
Rhodes Island, New York, New Jersey, Pennsylvania, Maryland, Delaware, 
West Virginia, Ohio and the District of Colbumia:
    (i) FM translators, June 1, 1997
    (ii) LPTV and TV translators, June 1, 1998
    (4) Virginia, North Carolina, South Carolina, Georgia, Florida, 
Alabama, Mississippi, Louisiana, Arkansas, Missouri, Kentucky, 
Tennessee, Indiana, Illinois, Michigan, Wisconsin, Pureto Rico and the 
Virgin Islands:
    (i) FM translators, August 1, 1997
    (ii) LPTV and TV translators, August 1, 1998
    (5) Oklahoma and Texas:
    (i) FM translators, October 1, 1997
    (ii) LPTV and TV translators, October 1, 1998
    (6) Kansas and Nebraska:
    (i) FM translators, December 1, 1997
    (ii) LPTV and TV translators, December 1, 1998
    (7) Iowa and South Dakota:
    (i) FM translators, February 1, 1998
    (ii) LPTV and TV translators, February 1, 1999
    (8) Minnesota and North Dakota:
    (i) FM translators, April 1, 1998
    (ii) LPTV and TV translators, April 1, 1999
    (9) Wyoming:
    (i) FM translators, June 1, 1998
    (ii) LPTV and TV translators, June 1, 1999
    (10) Montana:
    (i) FM translators, August 1, 1998
    (ii) LPTV and TV translators, August 1, 1999
    (11) Idaho:
    (i) FM translators, October 1, 1995
    (ii) LPTV and TV translators, October 1, 1996
    (12) Washington:
    (i) FM translators, December 1, 1995
    (ii) LPTV and TV translators, December 1, 1996
    (13) Oregon:
    (i) FM translators, February 1, 1996
    (ii) LPTV and TV translators, February 1, 1997
    (14) Alaska, American Samoa, Guam, Mariana Islands and Hawaii:
    (i) FM translators, April 1, 1996
    (ii) LPTV and TV translators, April 1, 1997
    (15) Colorado:
    (i) FM translators, June 1, 1996
    (ii) LPTV and TV translators, June 1, 1997
    (16) New Mexico:
    (i) FM translators, August 1, 1996
    (ii) LPTV and TV translators, August 1, 1997
    (17) Utah:
    (i) FM translators, October 1, 1996
    (ii) LPTV and TV translators, October 1, 1997
    (18) Arizona:
    (i) FM translators, December 1, 1996
    (ii) LPTV and TV translators, December 1, 1997
    (e) Licenses held by broadcast network-entities under Subpart F will 
ordinarily be issued for a period of 8 years running concurrently with 
the normal licensing period for broadcast stations located in the same 
area of operation. An application for renewal of license shall be filed 
in accordance with the provisions of Sec. 1.949.
    (f) The license of an FM translator or FM broadcast booster, TV 
translator or TV broadcast booster, or low power TV station will expire 
as a matter of law upon failure to transmit broadcast signals for any 
consecutive 12-month period notwithstanding any provision, term, or 
condition of the license to the contrary. Further, if the license of any 
AM, FM, or TV broadcasting station licensed under part 73 of this 
chapter expires for failure to transmit signals for any consecutive 12-
month period, the licensee's authorizations under part 74,

[[Page 434]]

subparts D, E, F, and H in connection with the operation of that AM, FM, 
or TV broadcasting station will also expire notwithstanding any 
provision, term, or condition to the contrary.

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[28 FR 13706, Dec. 14, 1963, as amended at 49 FR 32583, Aug. 15, 1984; 
50 FR 26758, June 28, 1985; 52 FR 7142, Mar. 9, 1987; 52 FR 25604, July 
8, 1987; 52 FR 31402, Aug. 20, 1987; 59 FR 63052, Dec. 7, 1994; 61 FR 
28767, June 6, 1996; 62 FR 5347, Feb. 5, 1997; 68 FR 12761, Mar. 17, 
2003; 69 FR 72045, Dec. 10, 2004; 78 FR 25174, Apr. 29, 2013; 79 FR 
40688, July 14, 2014]



Sec. 74.16  Temporary extension of station licenses.

    Where there is pending before the Commission any application, 
investigation, or proceeding which, after hearing, might lead to or make 
necessary the modification of, revocation of, or the refusal to renew an 
existing auxiliary broadcast station license or a television broadcast 
translator station license, the Commission in its discretion, may grant 
a temporary extension of such license: Provided, however, That no such 
temporary extension shall be construed as a finding by the Commission 
that the operation of any radio station thereunder will serve public 
interest, convenience, and necessity beyond the express terms of such 
temporary extension of license: And provided further, That such 
temporary extension of license will in no wise affect or limit the 
action of the Commission with respect to any pending application or 
proceeding.

[78 FR 25175, Apr. 29, 2013]



Sec. 74.18  Transmitter control and operation.

    Except where unattended operation is specifically permitted, the 
licensee of each station authorized under the provisions of this part 
shall designate a person or persons to activate and control its 
transmitter. At the discretion of the station licensee, persons so 
designated may be employed for other duties and for operation of other 
transmitting stations if such other duties will not interfere with the 
proper operation of the station transmission systems.

[60 FR 55482, Nov. 1, 1995]



Sec. 74.19  Special technical records.

    The FCC may require a broadcast auxiliary station licensee to keep 
operating and maintenance records necessary to resolve conditions of 
actual or potential interference, rule violations, or deficient 
technical operation.

[48 FR 38482, Aug. 24, 1983]



Sec. 74.21  Broadcasting emergency information.

    (a) In an emergency where normal communication facilities have been 
disrupted or destroyed by storms, floods or other disasters, the 
stations licensed under this part may be operated for the purpose of 
transmitting essential communications intended to alleviate distress, 
dispatch aid, assist in rescue operations, maintain order, or otherwise 
promote the safety of life and property. In the course of such 
operation, a station of any class may communicate with stations of other 
classes and in other services. However, such operation shall be 
conducted only on the frequency or frequencies for which the station is 
licensed and the used power shall not exceed the maximum authorized in 
the station license. When such operation involves the use of frequencies 
shared with other stations, licensees are expected to cooperate fully to 
avoid unnecessary or disruptive interference.
    (b) Whenever such operation involves communications of a nature 
other than those for which the station is licensed to perform, the 
licensee shall, at the earliest practicable time, notify the FCC in 
Washington, DC of the nature of the emergency and the use to which the 
station is being put and shall subsequently notify the same offices when 
the emergency operation has been terminated.
    (c) Emergency operation undertaken pursuant to the provisions of 
this section shall be discontinued as soon as substantially normal 
communications

[[Page 435]]

facilities have been restored. The Commission may at any time order 
discontinuance of such operation.

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[28 FR 13706, Dec. 14, 1963, as amended at 37 FR 25843, Dec. 5, 1972; 44 
FR 65765, Nov. 15, 1979; 47 FR 40175, Sept. 13, 1982]



Sec. 74.22  Use of common antenna structure.

    The simultaneous use of a common antenna structure by more than one 
station authorized under this part, or by one or more stations of any 
other service may be authorized. The owner of each antenna structure is 
responsible for ensuring that the structure, if required, is painted 
and/or illuminated in accordance with part 17 of this chapter. In the 
event of default by the owner, each licensee or permittee shall be 
responsible for ensuring that the structure complies with applicable 
painting and lighting requirements.

[61 FR 4368, Feb. 6, 1996]



Sec. 74.23  Interference jeopardizing safety of life or protection of property.

    (a) The licensee of any station authorized under this part that 
causes harmful interference, as defined in Sec. 2.1 of the Commission's 
rules, to radio communications involving the safety of life or 
protection of property shall promptly eliminate the interference.
    (b) If harmful interference to radio communications involving the 
safety of life or protection of property cannot be promptly eliminated 
and the Commission finds that there exists an imminent danger to safety 
of life or protection of property, pursuant to 47 U.S.C. 312 (b) and (e) 
and 5 U.S.C. 558, operation of the offending equipment shall temporarily 
be suspended and shall not be resumed until the harmful interference has 
been eliminated or the threat to the safety of life or property has 
passed. In situations where the protection of property alone is 
jeopardized, before taking any action under this paragraph, the 
Commission shall balance the nature and extent of the possible property 
damage against the potential harm to a licensee or the public caused by 
suspending part 74 operations. When specifically authorized, short test 
operations may be made during the period of suspended operation to check 
the efficacy of remedial measures.

[47 FR 1395, Jan. 13, 1982]



Sec. 74.24  Short-term operation.

    All classes of broadcast auxiliary stations provided for in subparts 
D, E, F and H of this part, except wireless video assist devices, may be 
operated on a short-term basis under the authority conveyed by a part 73 
license or a broadcast auxiliary license without prior authorization 
from the FCC, subject to the following conditions:
    (a) Licensees operating under this provision must be eligible to 
operate the particular class of broadcast auxiliary station.
    (b) The short-term broadcast auxiliary station shall be operated in 
conformance with all normally applicable regulations to the extent they 
are not superceded by specific provisions of this section.
    (c) Short-term operation is on a secondary, non-interference basis 
to regularly authorized stations and shall be discontinued immediately 
upon notification that perceptible interference is being caused to the 
operation of a regularly authorized station. Short-term station 
operators shall, to the extent practicable, use only the effective 
radiated power and antenna height necessary for satisfactory system 
performance.
    (d) Short-term operation under this section shall not exceed 720 
hours annually per frequency.

    Note to paragraph (d): Certain frequencies shared with other 
services which are normally available for permanent broadcast auxiliary 
station assignment may not be available for short-term operation. Refer 
to any note(s) which may be applicable to the use of a specific 
frequency prior to initiating operation.

    (e) The antenna height of a station operated pursuant to this 
section shall not increase the height of any man-made antenna supporting 
structure, or increase by more than 6.1 meters (20 feet) the height of 
any other type of man-made structure or natural formation. However, the 
facilities of an authorized broadcast auxiliary station belonging to 
another licensee may be

[[Page 436]]

operated in accordance with the terms of its outstanding authorization.
    (f) Stations operated pursuant to this section shall be identified 
by the transmission of the call sign of the associated part 73 broadcast 
station or broadcast auxiliary station, or, in the case of stations 
operated by broadcast network and cable network entities, by the network 
or cable entity's name and base of operations city.
    (g) Prior to operating pursuant to the provisions of this section, 
licensees shall, for the intended location or area-of-operation, notify 
the appropriate frequency coordination committee or any licensee(s) 
assigned the use of the proposed operating frequency, concerning the 
particulars of the intended operation and shall provide the name and 
telephone number of a person who may be contacted in the event of 
interference. Except as provided herein, this notification provision 
shall not apply where an unanticipated need for immediate short-term 
mobile station operation would render compliance with the provisions of 
this paragraph impractical.
    (1) A CARS licensee shall always be given advance notification prior 
to the commencement of short-term operation on or adjacent to an 
assigned frequency.
    (2) The Commission may designate a frequency coordinator as the 
single point of contact under this section for advance coordination of 
major national and international events. Once designated, all short-term 
auxiliary broadcast use under this section must be coordinated in 
advance through the designated coordinator.
    (i) Coordinators under this provision will not be designated unless 
the Commission receives an initial request, in writing, to designate a 
coordinator.
    (ii) The Commission will issue a Public Notice with information 
regarding the designation of such a coordinator.
    (iii) All coordination must be done on a non-discriminatory basis.
    (iv) All licensees must abide by the decision of the coordinator. 
The Commission will be the final arbiter of any disputes.
    (3) An unanticipated need will never be deemed to exist for a 
scheduled event, such as a convention, sporting event, etc.
    (h) Short-term operation is limited to areas south or west of the 
United States-Canada border as follows:
    (1) Use of broadcast auxiliary service frequencies below 470 MHz is 
limited to areas of the United States south of Line A or west of Line C 
unless the effective radiated power of the station is 5 watts or less. 
See Sec. 1.928(e) of this chapter for a definition of Line A and Line 
C.
    (2) A broadcast auxiliary service station operating on frequencies 
between 470 MHz and 1 GHz must be at least 56.3 kilometers (35 miles) 
south (or west, as appropriate of the United States-Canada border if the 
antenna looks within a 200[deg] sector toward the border; or, the 
station must be at least 8.1 kilometers (5 miles) south (or west, as 
appropriate) if the antenna looks within a 160[deg] sector away from the 
border. However, operation is not permitted in either of these two 
situations if the station would be within the coordination distance of a 
receiving earth station in Canada which uses the same frequency band. 
(The coordination distance is the distance, calculated for any station, 
according to Appendix 28 of the International Radio Regulations.)
    (3) A broadcast auxiliary service station operating on frequencies 
above 1 GHz shall not be located within the coordination distance of a 
receiving earth station in Canada which uses the same frequency band. 
(The coordination distance is the distance, calculated for any station, 
according to Appendix 28 of the international Radio Regulations.)
    (i) Short-term operation of a remote pickup broadcast base station, 
a remote pickup automatic relay station, an aural broadcast STL station, 
an aural broadcast intercity relay station, a TV STL station, a TV 
intercity relay station or a TV translator relay station in the National 
Radio Quiet Zone, the Table Mountain Radio Receiving Zone, or near FCC 
monitoring stations is subject to the same advance notification 
procedures applicable to regular applications as provided for in Sec. 
73.1030 of this chapter and Sec. 74.12, except that inasmuch as short-
term operation does not involve an application process, the

[[Page 437]]

provisions relating to agency objection procedures shall not apply. It 
shall simply be necessary for the licensee to contact the potentially 
affected agency and obtain advance approval for the proposed short-term 
operation. Where protection to FCC monitoring stations is concerned, 
approval for short-term operation may be given by the Regional Director 
of a Commission field facility.
    (j)(1) This paragraph applies only to operations which will transmit 
on frequencies under 15 GHz. Prior to commencing short-term operation of 
a remote pickup broadcast station, a remote pickup automatic relay 
station, an aural broadcast STL station, an aural broadcast intercity 
relay station, a TV STL station, a TV intercity relay station, a TV 
translator relay station, a TV pickup station, or a TV microwave booster 
station within the 4-mile (6.4 kilometer) radius Commonwealth of Puerto 
Rico Protection Zone (centered on NAD-83 Geographical Coordinates North 
Latitude 18[deg]20[min]38.28[sec], West Longitude 
66[deg]45[min]09.42[sec]), an applicant must notify the Arecibo 
Observatory, located near Arecibo, Puerto Rico. Operations within the 
Puerto Rico Coordination Zone (i.e., on the islands of Puerto Rico, 
Desecheo, Mona, Vieques, or Culebra), but outside the Protection Zone, 
whether short term or long term, shall provide notification to the 
Arecibo Observatory prior to commencing operation. Notification should 
be directed to the following: Interference Office, Arecibo Observatory, 
HC3 Box 53995, Arecibo, Puerto Rico 00612, Tel. (809) 878-2612, Fax 
(809) 878-1861, E-mail [email protected].
    (2) Notification of short-term operations may be provided by 
telephone, fax, or electronic mail. The notification for long-term 
operations shall be written or electronic, and shall set forth the 
technical parameters of the proposed station, including the geographical 
coordinates of the antenna (NAD-83 datum), antenna height above ground, 
ground elevation at the antenna, antenna directivity and gain, proposed 
frequency and FCC Rule Part, type of emission, effective radiated power, 
and whether the proposed use is itinerant. Applicants may wish to 
consult interference guidelines, which will be provided by Cornell 
University. In addition, the applicant shall indicate in its application 
to the Commission the date notification was made to the Observatory. 
Generally, submission of the information in the technical portion of the 
FCC license application is adequate notification. After receipt of such 
applications in non-emergency situations, the Commission will allow the 
Arecibo Observatory a period of 20 days for comments or objections in 
response to the notification indicated. The applicant will be required 
to make reasonable efforts in order to resolve or mitigate any potential 
interference problem with the Arecibo Observatory and to file either an 
amendment to the application or a modification application, as 
appropriate. If the Commission determines that an applicant has 
satisfied its responsibility to make reasonable efforts to protect the 
Observatory from interference, its application may be granted. In 
emergency situations in which prior notification or approval is not 
practicable, notification or approval must be accomplished as soon as 
possible after operations begin.

(Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 U.S.C. 158, 303)

[47 FR 9219, Mar. 4, 1982, as amended at 49 FR 34356, Aug. 30, 1984; 50 
FR 23709, June 5, 1985; 62 FR 55532, Oct. 27, 1997; 68 FR 12762, Mar. 
17, 2003; 70 FR 31373, June 1, 2005; 80 FR 53751, Sept. 8, 2015]



Sec. 74.25  Temporary conditional operating authority.

    An applicant for a new broadcast auxiliary radio service station or 
a modification of an existing station under subparts D, E, F, or H of 
this part may operate the proposed station during the pendency of its 
applications upon the filing of a properly completed formal application 
that complies with the rules for the particular class of station, 
provided that the conditions set forth are satisfied.
    (a) Conditions applicable to all broadcast auxiliary stations. (1) 
Stations operated pursuant to this section shall be identified by the 
transmission of the call sign of the associated part 73 of this chapter 
broadcast station, if one exists, or the prefix ``WT'' followed by

[[Page 438]]

the applicant's local business telephone number for broadcast or cable 
network entities.
    (2) The antenna structure(s) has been previously studied by the 
Federal Aviation Administration and determined to pose no hazard to 
aviation safety as required by subpart B of part 17 of this chapter; or 
the antenna or tower structure does not exceed 6.1 meters above ground 
level or above an existing man-made structure (other than an antenna 
structure), if the antenna or tower has not been previously studied by 
the Federal Aviation Administration and cleared by the FCC;
    (3) The grant of the application(s) does not require a waiver of the 
Commission's rules;
    (4) The applicant has determined that the facility(ies) will not 
significantly affect the environment as defined in Sec. 1.1307 of this 
chapter;
    (5) The station site does not lie within an area identified in Sec. 
1.924 of this chapter.
    (b) Conditions applicable to remote pickup broadcast auxiliary 
stations. (1) The auxiliary station must be located within 80 km (50 mi) 
of the broadcast studio or broadcast transmitter.
    (2) The applicant must coordinate the operation with all affected 
co-channel and adjacent channel licensees in the area of operation. This 
requirement can be satisfied by coordination with the local frequency 
committee if one exists.
    (3) Operation under this provision is not permitted between 152.87 
MHz and 153.35 MHz.
    (c) Conditions applicable to aural and television broadcast 
auxiliary stations. (1) The applicable frequency coordination procedures 
have been successfully completed and the filed application is consistent 
with that coordination.
    (2) The station site does not lie within an area requiring 
international coordination.
    (3) If operated on frequencies in the 17.8-19.7 GHz band for any 
services or on frequencies in the 17.7-17.8 GHz band for MVPD 
operations, the station site does not lie within any of the areas 
identified in Sec. 1.924 of this chapter.
    (d) Operation under this section shall be suspended immediately upon 
notification from the Commission or by the Regional Director of a 
Commission field facility, and shall not be resumed until specific 
authority is given by the Commission or Regional Director. When 
authorized by the Regional Director, short test operations may be made.
    (e) Conditional authority ceases immediately if the application(s) 
is returned by the Commission because it is not acceptable for filing.
    (f) Conditional authorization does not prejudice any action the 
Commission may take on the subject application(s). Conditional authority 
is accepted with the express understanding that such authority may be 
modified or cancelled by the Commission at any time without hearing if, 
in the Commission's discretion, the need for such action arises. An 
applicant operating pursuant to this conditional authority assumes all 
risks associated with such operation, the termination or modification of 
the conditional authority, or the subsequent dismissal or denial of its 
application(s).

[68 FR 12762, Mar. 17, 2003, as amended at 69 FR 17958, Apr. 6, 2004; 71 
FR 69048, Nov. 29, 2006; 80 FR 53751, Sept. 8, 2015]



Sec. 74.28  Additional orders.

    In case the rules contained in this part do not cover all phases of 
operation with respect to external effects, the FCC may make 
supplemental or additional orders in each case as may be deemed 
necessary.

[78 FR 25175, Apr. 29, 2013]



Sec. 74.30  Antenna structure, marking and lighting.

    The provisions of part 17 of the FCC rules (Construction, Marking, 
and Lighting of Antenna Structures) require certain antenna structures 
to be painted and/or lighted in accordance with the provisions of 
Sec. Sec. 17.47 through 17.56 of the FCC rules.

[47 FR 53022, Nov. 24, 1982]



Sec. 74.32  Operation in the 17.7-17.8 GHz and 17.8-19.7 GHz bands.

    The following exclusion areas and coordination areas are established 
to minimize or avoid harmful interference to Federal Government earth 
stations receiving in the 17.7-19.7 GHz band:

[[Page 439]]

    (a) No application seeking authority for fixed stations supporting 
the operations of Multichannel Video Programming Distributors (MVPD) in 
the 17.7-17.8 GHz band or to operate in the 17.8-19.7 GHz band for any 
service will be accepted for filing if the proposed station is located 
within 20 km of Denver, CO (39[deg]43[min] N., 104[deg]46[min] W.) or 
Washington, DC (38[deg]48[min] N., 76[deg]52[min] W.).
    (b) Any application for a new station license to provide MVPD 
operations in the 17.7-17.8 GHz band or to operate in the 17.8-19.7 GHz 
band for any service, or for modification of an existing station license 
in these bands which would change the frequency, power, emission, 
modulation, polarization, antenna height or directivity, or location of 
such a station, must be coordinated with the Federal Government by the 
Commission before an authorization will be issued, if the station or 
proposed station is located in whole or in part within any of the 
following areas:
    (1) Denver, CO area:
    (i) Between latitudes 41[deg]30[min] N. and 38[deg]30[min] N. and 
between longitudes 103[deg]10[min] W. and 106[deg]30[min] W.
    (ii) Between latitudes 38[deg]30[min] N. and 37[deg]30[min] N. and 
between longitudes 105[deg]00[min] W. and 105[deg]50[min] W.
    (iii) Between latitudes 40[deg]08[min] N. and 39[deg]56[min] N. and 
between longitudes 107[deg]00[min] W. and 107[deg]15[min] W.
    (2) Washington, DC area:
    (i) Between latitudes 38[deg]40[min] N. and 38[deg]10[min] N. and 
between longitudes 78[deg]50[min] W. and 79[deg]20[min] W.
    (ii) Within 178 km of 38[deg]48[min] N, 76[deg]52[min] W.
    (3) San Miguel, CA area:
    (i) Between latitudes 34[deg]39[min] N. and 34[deg]00[min] N. and 
between longitudes 118[deg]52[min] W. and 119[deg]24[min] W.
    (ii) Within 200 km of 35[deg]44[min] N., 120[deg]45[min] W.
    (4) Guam area: Within 100 km of 13[deg]35[min] N., 144[deg]51[min] 
E.
    Note to Sec. 74.32: The coordinates cited in this section are 
specified in terms of the ``North American Datum of 1983 (NAD 83).''

[80 FR 38908, July 7, 2015]



Sec. 74.34  Period of construction; certification of completion of construction.

    (a) Each aural and television broadcast auxiliary station authorized 
under subparts E and F of this part must be in operation within 18 
months from the initial date of grant.
    (b) Each remote pickup broadcast auxiliary station authorized under 
subpart D of this part must be in operation within 12 months from the 
initial date of grant.
    (c) Failure to timely begin operation means the authorization 
terminates automatically.
    (d) Requests for extension of time may be granted upon a showing of 
good cause pursuant to Sec. 1.946(e) of this chapter.
    (e) Construction of any authorized facility or frequency must be 
completed by the date specified in the license and the Commission must 
be notified pursuant to Sec. 1.946 of this chapter.

[68 FR 12763, Mar. 17, 2003]

Subparts A-C [Reserved]



               Subpart D_Remote Pickup Broadcast Stations



Sec. 74.401  Definitions.

    Associated broadcasting station(s). The broadcasting station or 
stations with which a remote pickup broadcast station or system is 
licensed as an auxiliary and with which it is principally used.
    Authorized bandwidth. The occupied or necessary bandwidth, whichever 
is greater, authorized to be used by a station.
    Automatic relay station. A remote pickup broadcast base station 
which is actuated by automatic means and is used to relay transmissions 
between remote pickup broadcast base and mobile stations, between remote 
pickup broadcast mobile stations and from remote pickup broadcast mobile 
stations to broadcasting stations. (Automatic operation is not operation 
by remote control.)
    Carrier power. The average power at the output terminals of a 
transmitter (other than a transmitter having a suppressed, reduced or 
controlled carrier) during one radio frequency cycle under conditions of 
no modulation.
    Mean power. The power at the output terminals of a transmitter 
during normal operation, averaged over a time

[[Page 440]]

sufficiently long compared with the period of the lowest frequency 
encountered in the modulation. A time of \1/10\ second during which the 
mean power is greatest will be selected normally.
    Necessary bandwidth. For a given class of emission, the minimum 
value of the occupied bandwidth sufficient to ensure the transmission of 
information at the rate and with the quality required for the system 
employed, under specified conditions. Emissions useful for the good 
functioning of the receiving equipment, as for example, the emission 
corresponding to the carrier of reduced carrier systems, shall be 
included in the necessary bandwidth.
    Occupied bandwidth. The frequency bandwidth such that, below its 
lower and above its upper frequency limits, the mean powers radiated are 
each equal to 0.5 percent of the total mean power radiated by a given 
emission.
    Operational communications. Communications concerning the technical 
and programming operation of a broadcast station and its auxiliaries.
    Remote control operation. Operation of a base station by a properly 
designated person on duty at a control position from which the 
transmitter is not visible but that position is equipped with suitable 
controls so that essential functions can be performed therefrom.
    Remote pickup broadcast base station. A remote pickup broadcast 
station authorized for operation at a specified location.
    Remote pickup broadcast mobile station. A remote pickup broadcast 
station authorized for use while in motion or during halts at 
unspecified locations. (As used in this subpart, mobile stations include 
hand-carried, pack-carried and other portable transmitters.)
    Remote pickup broadcast stations. A term used in this subpart to 
include both remote pickup broadcast base stations and remote pickup 
broadcast mobile stations.
    Remote pickup mobile repeater unit. A vehicular receiver-transmitter 
repeater used to provide extended communications range for a low-power 
hand-carried or pack-carried transmitter.
    Station. As used in this subpart, each remote pickup broadcast 
transmitter, and its associated accessory equipment necessary to the 
radio communication function, constitutes a separate station.
    Studio. Any room or series of rooms equipped for the regular 
production of broadcast programs of various kinds. A broadcasting booth 
at a stadium, convention hall, church, or other similar place is not 
considered to be a studio.
    Systems. A complete remote pickup broadcast facility consisting of 
one or more mobile stations and/or one or more base stations authorized 
pursuant to a single license.

[41 FR 29686, July 19, 1976, as amended at 42 FR 14728, Mar. 16, 1977; 
47 FR 28388, June 30, 1982; 47 FR 54448, Dec. 3, 1982; 51 FR 4601, Feb. 
6, 1986]



Sec. 74.402  Frequency assignment.

    Operation on all channels listed in this section (except: 
frequencies 26.07 MHz, 26.11 MHz, and 26.45 MHz, and frequencies listed 
in paragraphs (a)(4) and (c)(1) of this section shall be in accordance 
with the ``priority of use'' provisions in Sec. 74.403(b)). The channel 
will be assigned by its center frequency, channel bandwidth, and 
emission designator. In general, the frequencies listed in this section 
represent the center of the channel or channel segment. When an even 
number of channels are stacked in those sections stacking is permitted, 
channel assignments may be made for the frequency halfway between those 
listed.
    (a) The following channels may be assigned for use by broadcast 
remote pickup stations using any emission (other than single sideband or 
pulse) that will be in accordance with the provisions of Sec. 74.462.
    (1) [Reserved]
    (2) HF Channels: 25.87, 25.91, 25.95, 25.99, 26.03, 26.07, 26.09, 
26.11, 26.13, 26.15, 26.17, 26.19, 26.21, 26.23, 26.25, 26.27, 26.29, 
26.31, 26.33, 26.35, 26.37, 26.39, 26.41, 26.43, 26.45, and 26.47 MHz. 
The channels 25.87-26.09 MHz are subject to the condition listed in 
paragraph (e)(2) of this section.
    (3) VHF Channels: 166.25 and 170.15 MHz. These channels are subject 
to the condition listed in paragraph (e)(8) of this section.
    (4) UHF Channels: Up to two of the following 6.25 kHz segments may 
be stacked to form a channel which may

[[Page 441]]

be assigned for use by broadcast remote pickup stations using any 
emission contained within the resultant channel in accordance with the 
provisions of Sec. 74.462: 450.00625 MHz, 450.0125 MHz, 450.01875 MHz, 
450.025 MHz, 450.98125 MHz, 450.9875 MHz, 450.99375 MHz, 455.00625 MHz, 
455.0125 MHz, 455.01875 MHz, 455.025 MHz, 455.98125 MHz, 455.9875 MHz, 
and 455.99375 MHz. These channels are subject to the condition listed in 
paragraph (e)(9) of this section.
    (b) Up to four of the following 7.5 kHz VHF segments and up to eight 
of the following 6.25 kHz UHF segments may be stacked to form a channel 
which may be assigned for use by broadcast remote pickup stations using 
any emission contained within the resultant channel in accordance with 
the provisions of Sec. 74.462.
    (1) VHF segments: 152.8625, 152.870, 152.8775, 152.885, 152.8925, 
152.900, 152.9075, 152.915, 152.9225, 152.930, 152.9375, 152.945, 
152.9525, 152.960, 152.9675, 152.975, 152.9825, 152.990, 152.9975, 
153.005, 153.0125, 153.020, 153.0275, 153.035, 153.0425, 153.050, 
153.0575, 153.065, 153.0725, 153.080, 153.0875, 153.095, 153.1025, 
153.110, 153.1175, 153.125, 153.1325, 153.140, 153.1475, 153.155, 
153.1625, 153.170, 153.1775, 153.185, 153.1925, 153.200, 153.2075, 
153.215, 153.2225, 153.230, 153.2375, 153.245, 153.2525, 153.260, 
153.2675, 153.275, 153.2825, 153.290, 153.2975, 153.305, 153.3125, 
153.320, 153.3275, 153.335, 153.3425, 153.350, and 153.3575. These 
channels are subject to the conditions listed in paragraphs (e)(3), (4), 
(5), and (10) of this section.
    (2) VHF segments: 160.860, 160.8675, 160.875, 160.8825, 160.890, 
160.8975, 160.905, 160.9125, 160.920, 160.9275, 160.935, 160.9425, 
160.950, 160.9575, 160.965, 160.9725, 160.980, 160.9875, 160.995, 
161.0025, 161.010, 161.0175, 161.025, 161.0325, 161.040, 161.0475, 
161.055, 161.0625, 161.070, 161.0775, 161.085, 161.0925, 161.100, 
161.1075, 161.115, 161.1225, 161.130, 161.1375, 161.145, 161.1525, 
161.160, 161.1675, 161.175, 161.1825, 161.190, 161.1975, 161.205, 
161.2125, 161.220, 161.2275, 161.235, 161.2425, 161.250, 161.2575, 
161.265, 161.2725, 161.280, 161.2875, 161.295, 161.3025, 161.310, 
161.3175, 161.325, 161.3325, 161.340, 161.3475, 161.355, 161.3625, 
161.370, 161.3775, 161.385, 161.3925, 161.400. These channels are 
subject to the condition listed in paragraph (e)(6) and (10) of this 
section.
    (3) VHF segments: 161.625, 161.6325, 161.640, 161.6475, 161.655, 
161.6625, 161.670, 161.6775, 161.685, 161.6925, 161.700, 161.7075, 
161.715, 161.7225, 161.730, 161.7375, 161.745, 161.7525, 161.760, 
161.7675, 161.775. These channels are subject to the conditions listed 
in paragraphs (e)(4), (7), and (10) of this section.
    (4) UHF segments: 450.03125, 450.0375, 450.04375, 450.050, 
450.05625, 450.0625, 450.06875, 450.075, 450.08125, 450.0875, 450.09375, 
450.100, 450.10625, 450.1125, 450.11875, 450.125, 450.13125, 450.1375, 
450.14375, 450.150, 450.15625, 450.1625, 450.16875, 450.175, 450.18125, 
450.1875, 450.19375, 450.200, 450.20625, 450.2125, 450.21875, 450.225, 
450.23125, 450.2375, 450.24375, 450.250, 450.25625, 450.2625, 450.26875, 
450.275, 450.28125, 450.2875, 450.29375, 450.300, 450.30625, 450.3125, 
450.31875, 450.325, 450.33125, 450.3375, 450.34375, 450.350, 450.35625, 
450.3625, 450.36875, 450.375, 450.38125, 450.3875, 450.39375, 450.400, 
450.40625, 450.4125, 450.41875, 450.425, 450.43125, 450.4375, 450.44375, 
450.450, 450.45625, 450.4625, 450.46875, 450.475, 450.48125, 450.4875, 
450.49375, 450.500, 450.50625, 450.5125, 450.51875, 450.525, 450.53125, 
450.5375, 450.54375, 450.550, 450.55625, 450.5625, 450.56875, 450.575, 
450.58125, 450.5875, 450.59375, 450.600, 450.60625, 450.6125, 450.61875, 
455.03125, 455.0375, 455.04375, 455.050, 455.05625, 455.0625, 455.06875, 
455.075, 455.08125, 455.0875, 455.09375, 455.100, 455.10625, 455.1125, 
455.11875, 455.125, 455.13125, 455.1375, 455.14375, 455.150, 455.15625, 
455.1625, 455.16875, 455.175, 455.18125, 455.1875, 455.19375, 455.200, 
455.20625, 455.2125, 455.21875, 455.225, 455.23125, 455.2375, 455.24375, 
455.250, 455.25625, 455.2625, 455.26875, 455.275, 455.28125, 455.2875, 
455.29375, 455.300, 455.30625, 455.3125, 455.31875, 455.325, 455.33125, 
455.3375, 455.34375, 455.350, 455.35625, 455.3625, 455.36875, 455.375, 
455.38125, 455.3875, 455.39375, 455.400, 455.40625, 455.4125, 455.41875, 
455.425, 455.43125, 455.4375, 455.44375, 455.450, 455.45625, 455.4625, 
455.46875, 455.475, 455.48125, 455.4875, 455.49375, 455.500, 455.50625, 
455.5125, 455.51875, 455.525, 455.53125, 455.5375, 455.54375, 455.550, 
455.55625, 455.5625, 455.56875,

[[Page 442]]

455.575, 455.58125, 455.5875, 455.59375, 455.600, 455.60625, 455.6125, 
455.61875.
    (c) Up to two of the following 25 kHz segments may be stacked to 
form a channel which may be assigned for use by broadcast remote pickup 
stations using any emission contained within the resultant channel in 
accordance with the provisions of Sec. 74.462. Users committed to 50 
kHz bandwidths and transmitting program material will have primary use 
of these channels.
    (1) UHF segments: 450.6375, 450.6625, 450.6875, 450.7125, 450.7375, 
450.7625, 450.7875, 450.8125, 450.8375, 450.8625, 455.6375, 455.6625, 
455.6875, 455.7125, 455.7375, 455.7625, 455.7875, 455.8125, 455.8375, 
455.8625 MHz.
    (2) [Reserved]
    (d) Up to two of the following 50 kHz segments may be stacked to 
form a channel which may be assigned for use by broadcast remote pickup 
stations using any emission contained within the resultant channel in 
accordance with the provisions of Sec. 74.462. Users committed to 100 
kHz bandwidths and transmitting program material will have primary use 
of these channels.
    (1) UHF segments: 450.900, 450.950, 455.900, and 455.950 MHz.
    (2) [Reserved]
    (e) Conditions on Broadcast Remote Pickup Service channel usage as 
referred to in paragraphs (a) through (d) of this section:
    (1) [Reserved]
    (2) Operation is subject to the condition that no harmful 
interference is caused to stations in the broadcast service.
    (3) Operation is subject to the condition that no harmful 
interference is caused to stations operating in accordance with the 
Table of Frequency Allocations set forth in part 2 of this chapter. 
Applications for licenses to use frequencies in this band must include 
statements showing what procedures will be taken to ensure that 
interference will not be caused to stations in the Industrial/Business 
Pool (Part 90).
    (4) These frequencies will not be licensed to network entities.
    (5) These frequencies will not be authorized to new stations for use 
on board aircraft.
    (6) These frequencies are allocated for assignment to broadcast 
remote pickup stations in Puerto Rico or the Virgin Islands only.

    Note to paragraph (e)(6): These frequencies are shared with Public 
Safety and Industrial/Business Pools (Part 90).

    (7) These frequencies may not be used by broadcast remote pickup 
stations in Puerto Rico or the Virgin Islands. In other areas, certain 
existing stations in the Public Safety and Industrial/Business Pools 
(Part 90) have been permitted to continue operation on these frequencies 
on the condition that no harmful interference is caused to broadcast 
remote pickup stations.
    (8) Operation on frequencies 166.25 MHz and 170.15 MHz is subject to 
the condition that harmful interference shall not be caused to present 
or future Government stations in the band 162-174 MHz and is also 
subject to the bandwidth and tolerance limitations and compliance 
deadlines listed in Sec. 74.462 of this part. Authorization on these 
frequencies shall be in the lower 48 contiguous States only, except 
within the area bounded on the west by the Mississippi River, on the 
north by the parallel of latitude 37[deg]30[min] N., and on the east and 
south by that arc of the circle with center at Springfield, Illinois, 
and radius equal to the airline distance between Springfield, Illinois, 
and Montgomery, Alabama, subtended between the foregoing west and north 
boundaries, or within 150 miles (241.4 km) of New York City.
    (9) The use of these frequencies is limited to operational 
communications, including tones for signaling and for remote control and 
automatic transmission system control and telemetry. Stations licensed 
or applied for before April 16, 2003, must comply with the channel plan 
by March 17, 2006, or may continue to operate on a secondary, non-
interference basis.
    (10) Stations licensed or applied for before April 16, 2003, must 
comply with the channel plan by March 17, 2006, or may continue to 
operate on a secondary, non-interference basis.
    (f) License applicants shall request assignment of only those 
channels, both in number and bandwidth, necessary for satisfactory 
operation and

[[Page 443]]

for which the system is equipped to operate. However, it is not 
necessary that each transmitter within a system be equipped to operate 
on all frequencies authorized to that licensee.
    (g) Remote pickup stations or systems will not be granted exclusive 
channel assignments. The same channel or channels may be assigned to 
other licensees in the same area. When such sharing is necessary, the 
provisions of Sec. 74.403 shall apply.

[68 FR 12763, Mar. 17, 2003, as amended at 68 FR 25540, May 13, 2003]



Sec. 74.403  Frequency selection to avoid interference.

    (a) Where two or more remote pickup broadcast station licensees are 
authorized to operate on the same frequency or group of frequencies in 
the same area and when simultaneous operation is contemplated, the 
licensees shall endeavor to select frequencies or schedule operation in 
such manner as to avoid mutual interference. If mutual agreement to this 
effect cannot be reached the Commission shall be notified and it will 
specify the frequency or frequencies on which each station is to be 
operated.
    (b) The following order of priority of transmissions shall be 
observed on all frequencies except frequencies 26.07 MHz, 26.11 MHz, and 
26.45 MHz, and frequencies listed in Sec. 74.402(a)(4) and (c)(1):
    (1) Communications during an emergency or pending emergency directly 
related to the safety of life and property.
    (2) Program material to be broadcast.
    (3) Cues, orders, and other related communications immediately 
necessary to the accomplishment of a broadcast.
    (4) Operational communications.
    (5) Tests or drills to check the performance of stand-by or 
emergency circuits.

[41 FR 29686, July 19, 1976, as amended at 68 FR 12764, Mar. 17, 2003]



Sec. 74.431  Special rules applicable to remote pickup stations.

    (a) Remote pickup mobile stations may be used for the transmission 
of material from the scene of events which occur outside the studio back 
to studio or production center. The transmitted material shall be 
intended for the licensee's own use and may be made available for use by 
any other broadcast station or cable system.
    (b) Remote pickup mobile or base stations may be used for 
communications related to production and technical support of the remote 
program. This includes cues, orders, dispatch instructions, frequency 
coordination, establishing microwave links, and operational 
communications. Operational communications are alerting tones and 
special signals of short duration used for telemetry or control.
    (c) Remote pickup mobile or base stations may communicate with any 
other station licensed under this subpart.
    (d) Remote pickup mobile stations may be operated as a vehicular 
repeater to relay program material and communications between stations 
licensed under this subpart. Precautions shall be taken to avoid 
interference to other stations and the vehicular repeater shall only be 
activated by hand-carried or pack-carried units.
    (e) The output of hand-carried or pack-carried transmitter units 
used with a vehicular repeater is limited to 2.5 watts. The output of a 
vehicular repeater transmitter used as a talkback unit on an additional 
frequency is limited to 2.5 watts.
    (f) Remote pickup base and mobile stations in Alaska, Guam, Hawaii, 
Puerto Rico, and the Virgin Islands may be used for any purpose related 
to the programming or technical operation of a broadcasting station, 
except for transmission intended for direct reception by the general 
public.
    (g) [Reserved]
    (h) In the event that normal aural studio to transmitter circuits 
are damaged, stations licensed under Subpart D may be used to provide 
temporary circuits for a period not exceeding 30 days without further 
authority from the Commission necessary to continue broadcasting.
    (i) Remote pickup mobile or base stations may be used for activities 
associated with the Emergency Alert System (EAS) and similar emergency 
survival communications systems. Drills and

[[Page 444]]

test are also permitted on these stations, but the priority requirements 
of Sec. 74.403(b) must be observed in such cases.

[51 FR 4602, Feb. 6, 1986, as amended at 68 FR 12764, Mar. 17, 2003]



Sec. 74.432  Licensing requirements and procedures.

    (a) A license for a remote pickup station will be issued to: the 
licensee of an AM, FM, noncommercial FM, low power FM, TV, Class A TV, 
international broadcast or low power TV station; broadcast network-
entity; or cable network-entity.
    (b) Base stations may operate as automatic relay stations on the 
frequencies listed in Sec. 74.402(b)(4) and (c)(1) under the provisions 
of Sec. 74.436, however, one licensee may not operate such stations on 
more than two frequency pairs in a single area.
    (c) Base stations may use voice communications between the studio 
and transmitter or points of any intercity relay system on frequencies 
in Groups I and J.
    (d) Base stations may be authorized to establish standby circuits 
from places where official broadcasts may be made during times of 
emergency and circuits to interconnect an emergency survival 
communications system.
    (e) In Alaska, Guam, Hawaii, Puerto Rico, and the Virgin Islands, 
base stations may provide program circuits between the studio and 
transmitter or to relay programs between broadcasting stations. A base 
station may be operated unattended in accordance with the following:
    (1) The station must be designed, installed, and protected so that 
the transmitter can only be activated or controlled by persons 
authorized by the licensee.
    (2) The station must be equipped with circuits to prevent 
transmitter operation when no signal is received from the station which 
it is relaying.
    (f) Remote pickup stations may use only those frequencies and 
bandwidths which are necessary for operation.
    (g) An application for a remote pickup broadcast station or system 
shall specify the broadcasting station with which the remote pickup 
broadcast facility is to be principally used and the licensed area of 
operation for a system which includes mobile stations shall be the area 
considered to be served by the associated broadcasting station. Mobile 
stations may be operated outside the licensed area of operation pursuant 
to Sec. 74.24 of this part. Where the applicant for remote pickup 
broadcast facilities is the licensee of more than one class of 
broadcasting station (AM, FM, TV), all licensed to the same community, 
designation of one such station as the associated broadcasting station 
will not preclude use of the remote pickup broadcast facilities with 
those broadcasting stations not included in the designation and such 
additional use shall be at the discretion of the licensee.
    (h) In cases where a series of broadcasts are to be made from the 
same location, portable or mobile transmitters may be left at such 
location for the duration of the series of broadcasts: Provided, The 
transmitting apparatus is properly secured so that it may not be 
operated by unauthorized persons when unattended. Prior Commission 
authority shall be obtained for the installation of any transmitting 
antenna which requires notification to the FAA, pursuant to Sec. 17.7 
of the Commission's rules and regulations, and which will be in 
existence for more than 2 days.
    (i) The location of each remote pickup broadcast base station will 
be specified in the station or system license and such stations may not 
be operated at any other location without prior authority of the 
Commission.
    (j) The license shall be retained in the licensee's files at the 
address shown on the authorization.
    (k) In case of permanent discontinuance of operations of a station 
licensed under this subpart, the licensee shall cancel the station 
license using FCC Form 601. For purposes of this section, a station 
which is not operated for a

[[Page 445]]

period of one year is considered to have been permanently discontinued.

(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)

[41 FR 29686, July 19, 1976, as amended at 42 FR 2071, Jan. 10, 1977; 47 
FR 21496, May 18, 1982; 49 FR 14509, Apr. 12, 1984; 51 FR 4602, Feb. 6, 
1986; 58 FR 19775, Apr. 16, 1993; 60 FR 55482, Nov. 1, 1995; 65 FR 
30011, May 10, 2000; 68 FR 12764, Mar. 17, 2003; 84 FR 2759, Feb. 8, 
2019]



Sec. 74.433  Temporary authorizations.

    (a) Special temporary authority may be granted for remote pickup 
station operation which cannot be conducted in accordance with Sec. 
74.24. Such authority will normally be granted only for operations of a 
temporary nature. Where operation is seen as likely on a continuing 
annual basis, an application for a regular authorization should be 
submitted.
    (b) A request for special temporary authority for the operation of a 
remote pickup broadcast station must be made in accordance with the 
procedures of Sec. 1.931(b) of this chapter.
    (c) All requests for special temporary authority of a remote pickup 
broadcast station must include full particulars including: licensee's 
name and address, facility identification number of the associated 
broadcast station or stations, call letters of remote pickup station (if 
assigned), type and manufacturer of equipment, power output, emission, 
frequency or frequencies proposed to be used, commencement and 
termination date, location of operation and purpose for which request is 
made including any particular justification.
    (d) A request for special temporary authority shall specify a 
frequency or frequencies consistent with the provisions of Sec. 74.402: 
Provided, That, in the case of events of wide-spread interest and 
importance which cannot be transmitted successfully on these 
frequencies, frequencies assigned to other services may be requested 
upon a showing that operation thereon will not cause interference to 
established stations: And provided further, In no case will operation of 
a remote pickup broadcast station be authorized on frequencies employed 
for the safety of life and property.
    (e) The user shall have full control over the transmitting equipment 
during the period it is operated.
    (f) Special temporary authority to permit operation of remote pickup 
broadcast stations or systems pending Commission action on an 
application for regular authority will not normally be granted.

[41 FR 29686, July 19, 1976, as amended at 47 FR 9220, Mar. 4, 1982; 47 
FR 55936, Dec. 14, 1982; 50 FR 23709, June 5, 1985; 58 FR 19775, Apr. 
16, 1993; 68 FR 12765, Mar. 17, 2003]



Sec. 74.434  Remote control operation.

    (a) A remote control system must provide adequate monitoring and 
control functions to permit proper operation of the station.
    (b) A remote control system must be designed, installed, and 
protected so that the transmitter can only be activated or controlled by 
persons authorized by the licensee.
    (c) A remote control system must prevent inadvertent transmitter 
operation caused by malfunctions in the circuits between the control 
point and transmitter.

[51 FR 4602, Feb. 6, 1986, as amended at 60 FR 55482, Nov. 1, 1995]



Sec. 74.436  Special requirements for automatic relay stations.

    (a) An automatic relay station must be designed, installed, and 
protected so that the transmitter can only be activated or controlled by 
persons authorized by the licensee.
    (b) An automatic relay station may accomplish retransmission of the 
incoming signals by either heterodyne frequency conversion or by 
modulating the transmitter with the demodulated incoming signals.
    (c) An automatic relay station transmitter may relay the demodulated 
incoming signals from one or more receivers.

[51 FR 4602, Feb. 6, 1986, as amended at 60 FR 55483, Nov. 1, 1995]



Sec. 74.451  Certification of equipment.

    (a) Applications for new remote pickup broadcast stations or systems 
or for changing transmitting equipment of an existing station will not 
be accepted unless the transmitters to be used have

[[Page 446]]

been certificated by the FCC pursuant to the provisions of this subpart, 
or have been certificated for licensing under part 90 of this chapter 
and do not exceed the output power limits specified in Sec. 74.461(b).
    (b) Any manufacturer of a transmitter to be used in this service may 
apply for certification for such transmitter following the certification 
procedure set forth in part 2 of the Commission's rules and regulations. 
Attention is also directed to part 1 of the Commission's rules and 
regulations which specifies the fees required when filing an application 
for certification.
    (c) An applicant for a remote pickup broadcast station or system may 
also apply for certification for an individual transmitter by following 
the certification procedure set forth in part 2 of the Commission's 
rules and regulations.
    (d) All transmitters marketed for use under this subpart shall be 
certificated by the Federal Communications Commission. (Refer to subpart 
J of part 2 of the Commission's Rules and Regulations.)
    (e) Remote pickup broadcast station equipment authorized to be used 
pursuant to an application accepted for filing prior to December 1, 
1977, may continue to be used by the licensee or its successors or 
assignees: Provided, however, If operation of such equipment causes 
harmful interference due to its failure to comply with the technical 
standards set forth in this subpart, the Commission may, at its 
discretion, require the licensee to take such corrective action as is 
necessary to eliminate the interference.
    (f) Each instrument of authority which permits operation of a remote 
pickup broadcast station or system using equipment which has not been 
certificated will specify the particular transmitting equipment which 
the licensee is authorized to use.

(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)

[41 FR 29686, July 19, 1976, as amended at 42 FR 14728, Mar. 16, 1977; 
42 FR 43636, Aug. 30, 1977; 43 FR 14661, Apr. 7, 1978; 45 FR 28142, Apr. 
28, 1980; 63 FR 36604, July 7, 1998; 68 FR 12765, Mar. 17, 2003]



Sec. 74.452  Equipment changes.

    (a) Modifications may be made to an existing authorization in 
accordance with Sec. Sec. 1.929 and 1.947 of this chapter.
    (b) All transmitters initially installed after November 30, 1977, 
must be certificated for use in this service or other service as 
specified in Sec. 74.451(a).

[68 FR 12765, Mar. 17, 2003]



Sec. 74.461  Transmitter power.

    (a) Transmitter power is the power at the transmitter output 
terminals and delivered to the antenna, antenna transmission line, or 
any other impedance-matched, radio frequency load. For the purpose of 
this Subpart, the transmitter power is the carrier power.
    (b) The authorized transmitter power for a remote pickup broadcast 
station shall be limited to that necessary for satisfactory service and, 
in any event, shall not be greater than 100 watts, except that a station 
to be operated aboard an aircraft shall normally be limited to a maximum 
authorized power of 15 watts. Specific authorization to operate stations 
on board aircraft with an output power exceeding 15 watts will be issued 
only upon an adequate engineering showing of need, and of the procedures 
that will be taken to avoid harmful interference to other licensees.

(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)

[41 FR 29686, July 19, 1976, as amended at 43 FR 14662, Apr. 7, 1978]



Sec. 74.462  Authorized bandwidth and emissions.

    (a) Each authorization for a new remote pickup broadcast station or 
system shall require the use of certificated equipment and such 
equipment shall be operated in accordance with emission specifications 
included in the grant of certification and as prescribed in paragraphs 
(b), (c), and (d) of this section.
    (b) The maximum authorized bandwidth of emissions corresponding to 
the types of emissions specified below, and the maximum authorized 
frequency deviation in the case of frequency or phase modulated 
emission, shall be as follows:

[[Page 447]]



----------------------------------------------------------------------------------------------------------------
                                                                             Maximum
                                                                            frequency
              Frequencies                   Authorized bandwidth (kHz)      deviation     Type of emission \2\
                                                                            \1\ (kHz)
----------------------------------------------------------------------------------------------------------------
MHz:
    25.87 to 26.03....................  40...............................          10  Frequencies 25.87 to
    26.07 to 26.47....................  20...............................           5   153.3575 MHz: A3E, F1E,
    152.8625 to 153.3575 \3\..........  30/60............................        5/10   F3E, F9E.
    160.860 to 161.400................  60...............................          10
    161.625 to 161.775................  30...............................           5
    166.25 and 170.15 \4\.............  12.5/25..........................           5
    450.00625 to 450.025                Frequencies 160.860 to 455.950
    450.98125 to 450.99375............   MHz: A1A, A1B, A1D, A1E, A2A,
    455.00625 to 455.025..............   A2B, A2D, A2E, A3E, F1A, F1B,
    455.98125 to 455.99375............   F1D, F1E, F2A, F2B, F2D, F2E,
                                         F3E, F9E.
 
    Up to 12.5........................
 
 
    1.5...............................
    450.03125 to 450.61875
    455.03125 to 455.61875............  Up to 25.........................           5
    450.6375 to 450.8625
    455.6375 to 455.8625..............  25-50............................          10
    450.900, 450.950
    455.900, 455.950..................  50-100...........................         35
----------------------------------------------------------------------------------------------------------------
\1\ Applies where F1A, F1B, F1D, F1E, F2A, F2B, F2D, F2E, F3E, or F9E emissions are used.
\2\ Stations operating above 450 MHz shall show a need for employing A1A, A1B, A1D, A1E, A2A, A2B, A2D, A2E,
  F1A, F1B, F1D, F1E, F2A, F2B, F2D, or F2E emission.
\3\ New or modified licenses for use of the frequencies will not be granted to utilize transmitters on board
  aircraft, or to use a bandwidth in excess of 30 kHz and maximum deviation exceeding 5 kHz
\4\ For stations licensed or applied for before April 16, 2003, the sum of the bandwidth of emission and
  tolerance on frequencies 166.25 MHz or 170.15 MHz shall not exceed 25 kHz, and such operation may continue
  until January 1, 2005. For new stations licensed or applied for on or after April 16, 2003, the sum of the
  bandwidth of emission and tolerance on these frequencies shall not exceed 12.5 kHz. For all remote pickup
  broadcast stations, the sum of the bandwidth of emission and tolerance on these frequencies shall not exceed
  12.5 kHz on or after January 1, 2005.

    (c) For emissions on frequencies above 25 MHz with authorized 
bandwidths up to 30 kHz, the emissions shall comply with the emission 
mask and transient frequency behavior requirements of Sec. Sec. 90.210 
and 90.214 of this chapter. For all other emissions, the mean power of 
emissions shall be attenuated below the mean output power of the 
transmitter in accordance with the following schedule:
    (1) On any frequency removed from the assignment frequency by more 
than 50 percent up to and including 100 percent of the authorized 
bandwidth: at least 25 dB:
    (2) On any frequency removed from the assigned frequency by more 
than 100 percent up to and including 250 percent of the authorized 
bandwidth: at least 35 dB;
    (3) On any frequency removed from the assigned frequency by more 
than 250 percent on the authorized bandwidth; at least 43 plus 10 
log\10\ (mean output power, in watts) dB.
    (d) In the event a station's emissions outside its authorized 
channel cause harmful interference, the Commission may, at its 
discretion, require the licensee to take such further steps as may be 
necessary to eliminate the interference.

    Note: The measurements of emission power can be expressed in peak or 
mean values provided they are expressed in the same parameters as the 
unmodulated transmitter carrier power.

(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)

[41 FR 29686, July 19, 1976, as amended at 41 FR 32429, Aug. 3, 1976; 41 
FR 35068, Aug. 19, 1976; 43 FR 14662, Apr. 7, 1978; 43 FR 38391, Aug. 
28, 1978; 44 FR 65765, Nov. 15, 1979; 56 FR 28498, June 21, 1991; 63 FR 
36604, July 7, 1998; 68 FR 12765, Mar. 17, 2003; 68 FR 25540, May 13, 
2003]



Sec. 74.463  Modulation requirements.

    (a) Each new remote pickup broadcast station authorized to operate 
with a power output in excess of 3 watts shall be equipped with a device 
which will automatically prevent modulation in excess of the limits set 
forth in this subpart.

[[Page 448]]

    (b) If amplitude modulation is employed, modulation shall not exceed 
100 percent on negative peaks.
    (c) If frequency modulation is employed, emission shall conform to 
the requirements specified in Sec. 74.462.

[41 FR 29686, July 19, 1976, as amended at 47 FR 54448, Dec. 3, 1982]



Sec. 74.464  Frequency tolerance.

    For operations on frequencies above 25 MHz using authorized 
bandwidths up to 30 kHz, the licensee of a remote pickup broadcast 
station or system shall maintain the operating frequency of each station 
in compliance with the frequency tolerance requirements of Sec. 90.213 
of this chapter. For all other operations, the licensee of a remote 
pickup broadcast station or system shall maintain the operating 
frequency of each station in accordance with the following:

------------------------------------------------------------------------
                                                    Tolerance (percent)
                                                 -----------------------
                 Frequency range                     Base       Mobile
                                                    station     station
------------------------------------------------------------------------
25 to 30 MHz:
  3 W or less...................................        .002        .005
  Over 3 W......................................        .002        .002
30 to 300 MHz:
  3 W or less...................................       .0005        .005
  Over 3 W......................................       .0005       .0005
300 to 500 MHz, all powers......................      .00025       .0005
------------------------------------------------------------------------


(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, 303))

[41 FR 29686, July 19, 1976, as amended at 42 FR 2071, Jan. 10, 1977; 43 
FR 38391, Aug. 28, 1978; 44 FR 65765, Nov. 15, 1979; 68 FR 12766, Mar. 
17, 2003; 68 FR 25540, May 13, 2003]



Sec. 74.465  Frequency monitors and measurements.

    The licensee of a remote pickup station or system shall provide the 
necessary means to assure that all operating frequencies are maintained 
within the allowed tolerances.

[51 FR 4603, Feb. 6, 1986]



Sec. 74.482  Station identification.

    (a) Each remote pickup broadcast station shall be identified by the 
transmission of the assigned station or system call sign, or by the call 
sign of the associated broadcast station. For systems, the licensee 
(including those operating pursuant to Sec. 74.24 of this part) shall 
assign a unit designator to each station in the system. The call sign 
(and unit designator, where appropriate) shall be transmitted at the 
beginning and end of each period of operation. A period of operation may 
consist of a single continuous transmission, or a series of intermittent 
transmissions pertaining to a single event.
    (b) In cases where a period of operation is of more than one hour 
duration identification of remote pickup broadcast stations 
participating in the operation shall be made at approximately one-hour 
intervals. Identification transmissions during operation need not be 
made when to make such transmissions would interrupt a single 
consecutive speech, play, religious service, symphony, concert, or any 
type of production. In such cases, the identification transmissions 
shall be made at the first interruption in the program continuity and at 
the conclusion thereof. Hourly identification may be accomplished either 
by transmission of the station or system call sign and unit designator 
assigned to the individual station or identification of an associated 
broadcasting station or network with which the remote pickup broadcast 
station is being used.
    (c) In cases where an automatic relay station is a part of the 
circuit, the call sign of the relay transmitter may be transmitted 
automatically by the relay transmitter or by the remote pickup broadcast 
base or mobile station that actuates the automatic relay station.
    (d) Automatically activated equipment may be used to transmit 
station identification in International Morse Code, provided that the 
modulation tone is 1200 Hz800 Hz, the level of 
modulation of the identification signal is maintained at 40%10%, and that the code transmission rate is maintained 
between 20 and 25 words per minute.
    (e) For stations using F1E or G1E emissions, identification shall be 
transmitted in the unscrambled analog (F3E) mode or in International 
Morse Code pursuant to the provisions of paragraph (d) of this section 
at intervals not to exceed 15 minutes. For purposes of rule enforcement, 
all licensees using F1E or G1E emissions shall provide, upon request by 
the Commission,

[[Page 449]]

a full and complete description of the encoding methodology they 
currently use.

    Note: Stations are encouraged to identify using their associated 
part 73 station call sign.

[41 FR 29686, July 19, 1976, as amended at 47 FR 9220, Mar. 4, 1982; 52 
FR 47569, Dec. 15, 1987; 56 FR 28499, June 21, 1991; 68 FR 12766, Mar. 
17, 2003]



              Subpart E_Aural Broadcast Auxiliary Stations



Sec. 74.501  Classes of aural broadcast auxiliary stations.

    (a) Aural broadcast STL station. A fixed station for the 
transmission of aural program material between the studio and the 
transmitter of a broadcasting station other than an international 
broadcasting station.
    (b) Aural broadcast intercity relay (ICR) station. A fixed station 
for the transmission of aural program material between radio broadcast 
stations, other than international broadcast stations, between FM radio 
broadcast stations and their co-owned FM booster stations, between 
noncommercial educational FM radio stations and their co-owned 
noncommercial educational FM translator stations assigned to reserved 
channels (Channels 201 to 220), between FM radio stations and FM 
translator stations operating within the coverage contour of their 
primary stations, or for such other purposes as authorized in Sec. 
74.531.
    (c) Aural broadcast microwave booster station. A fixed station in 
the broadcast auxiliary service that receives and amplifies signals of 
an aural broadcast STL or intercity relay station and retransmits them 
on the same frequency.

[28 FR 13716, Dec. 14, 1963, as amended at 49 FR 7129, Feb. 27, 1984; 53 
FR 4169, Feb. 12, 1988; 55 FR 50692, Dec. 10, 1990; 57 FR 41111, Sept. 
9, 1992]



Sec. 74.502  Frequency assignment.

    (a) Except as provided in NG30, broadcast auxiliary stations 
licensed as of November 21, 1984, to operate in the band 942-944 MHz \1\ 
may continue to operate on a co-equal, primary basis to other stations 
and services operating in the band in accordance with the Table of 
Frequency Allocations. These stations will be protected from possible 
interference caused by new users of the band by the technical standards 
specified in Sec. 101.105(c)(2).
---------------------------------------------------------------------------

    \1\ Note: In addition to this band, stations in Puerto Rico may 
continue to be authorized on 942.5, 943.0, 943.5, 944.0 MHz in the band 
942-944 MHz on a primary basis to stations and services operating in 
accordance with the Table of Frequency Allocations.
---------------------------------------------------------------------------

    (b) The frequency band 944-952 MHz is available for assignment to 
aural STL and ICR stations. One or more of the following 25 kHz segments 
may be stacked to form a channel which may be assigned with a maximum 
authorized bandwidth of 300 kHz except as noted in the following Table. 
The channel, will be assigned by its center frequency, channel 
bandwidth, and emission designator. The following frequencies are the 
centers of individual segments. When stacking an even number of 
segments, the center frequency specified will deviate from the following 
frequencies in that it should correspond to the actual center of stacked 
channels. When stacking an odd number of channels, the center frequency 
specified will correspond to one of the following frequencies.

944.0125, 944.0375, 944.0625, 944.0875, 944.1125, 944.1375, 944.1625, 
944.1875, 944.2125, 944.2375, 944.2625, 944.2875, 944.3125, 944.3375, 
944.3625, 944.3875, 944.4125, 944.4375, 944.4625, 944.4875, 944.5125, 
944.5375, 944.5625, 944.5875, 944.6125, 944.6375, 944.6625, 944.6875, 
944.7125, 944.7375, 944.7625, 944.7875, 944.8125, 944.8375, 944.8625, 
944.8875, 944.9125, 944.9375, 944.9625, 944.9875, 945.0125, 945.0375, 
945.0625, 945.0875, 945.1125, 945.1375, 945.1625, 945.1875, 945.2125, 
945.2375, 945.2625, 945.2875, 945.3125, 945.3375, 945.3625, 945.3875, 
945.4125, 945.4375, 945.4625, 945.4875, 945.5125, 945.5375, 945.5625, 
945.5875, 945.6125, 945.6375, 945.6625, 945.6875, 945.7125, 945.7375, 
945.7625, 945.7875, 945.8125, 945.8375, 945.8625, 945.8875, 945.9125, 
945.9375, 945.9625, 945.9875, 946.0125, 946.0375, 946.0625, 946.0875, 
946.1125, 946.1375, 946.1625, 946.1875, 946.2125, 946.2375, 946.2625, 
946.2875, 946.3125, 946.3375, 946.3625, 946.3875, 946.4125, 946.4375, 
946.4625, 946.4875, 946.5125, 946.5375, 946.5625, 946.5875, 946.6125, 
946.6375, 946.6625, 946.6875, 946.7125, 946.7375, 946.7625, 946.7875, 
946.8125, 946.8375, 946.8625, 946.8875, 946.9125, 946.9375, 946.9625, 
946.9875, 947.0125, 947.0375, 947.0625, 947.0875, 947.1125, 947.1375, 
947.1625, 947.1875, 947.2125, 947.2375, 947.2625, 947.2875, 947.3125, 
947.3375, 947.3625, 947.3875, 947.4125, 947.4375, 947.4625, 947.4875, 
947.5125, 947.5375, 947.5625, 947.5875, 947.6125,

[[Page 450]]

947.6375, 947.6625, 947.6875, 947.7125, 947.7375, 947.7625, 947.7875, 
947.8125, 947.8375, 947.8625, 947.8875, 947.9125, 947.9375, 947.9625, 
947.9875, 948.0125, 948.0375, 948.0625, 948.0875, 948.1125, 948.1375, 
948.1625, 948.1875, 948.2125, 948.2375, 948.2625, 948.2875, 948.3125, 
948.3375, 948.3625, 948.3875, 948.4125, 948.4375, 948.4625, 948.4875, 
948.5125, 948.5375, 948.5625, 948.5875, 948.6125, 948.6375, 948.6625, 
948.6875, 948.7125, 948.7375, 948.7625, 948.7875, 948.8125, 948.8375, 
948.8625, 948.8875, 948.9125, 948.9375, 948.9625, 948.9875, 949.0125, 
949.0375, 949.0625, 949.0875, 949.1125, 949.1375, 949.1625, 949.1875, 
949.2125, 949.2375, 949.2625, 949.2875, 949.3125, 949.3375, 949.3625, 
949.3875, 949.4125, 949.4375, 949.4625, 949.4875, 949.5125, 949.5375, 
949.5625, 949.5875, 949.6125, 949.6375, 949.6625, 949.6875, 949.7125, 
949.7375, 949.7625, 949.7875, 949.8125, 949.8375, 949.8625, 949.8875, 
949.9125, 949.9375, 949.9625, 949.9875, 950.0125, 950.0375, 950.0625, 
950.0875, 950.1125, 950.1375, 950.1625, 950.1875, 950.2125, 950.2375, 
950.2625, 950.2875, 950.3125, 950.3375, 950.3625, 950.3875, 950.4125, 
950.4375, 950.4625, 950.4875, 950.5125, 950.5375, 950.5625, 950.5875, 
950.6125, 950.6375, 950.6625, 950.6875, 950.7125, 950.7375, 950.7625, 
950.7875, 950.8125, 950.8375, 950.8625, 950.8875, 950.9125, 950.9375, 
950.9625, 950.9875, 951.0125, 951.0375, 951.0625, 951.0875, 951.1125, 
951.1375, 951.1625, 951.1875, 951.2125, 951.2375, 951.2625, 951.2875, 
951.3125, 951.3375, 951.3625, 951.3875, 951.4125, 951.4375, 951.4625, 
951.4875, 951.5125, 951.5375, 951.5625, 951.5875, 951.6125, 951.6375, 
951.6625, 951.6875, 951.7125, 951.7375, 951.7625, 951.7875, 951.8125, 
951.8375, 951.8625, 951.8875, 951.9125, 951.9375, 951.9625, 951.9875.

    (1) A single broadcast station may be authorized up to a maximum of 
twenty segments (500 kHz total bandwidth) for transmission of program 
material between a single origin and one or more designations. The 
station may lease excess capacity for broadcast and other uses on a 
secondary basis, subject to availability of spectrum for broadcast use. 
However, an FM station licensed for twelve or fewer segments (300 kHz 
total bandwidth) or an AM station licensed for eight or fewer segments 
(200 kHz total bandwidth) may lease excess capacity for broadcast and 
other uses on a primary basis.
    (2) An applicant (new or modification of existing license) may 
assume the cost of replacement of one or more existing licensees 
equipment with narrowband equipment of comparable capabilities and 
quality in order to make available spectrum for its facilities. Existing 
licensees must accept such replacement without cost to them except upon 
a showing that the replacement equipment does not meet the capability or 
quality requirements.
    (c) Aural broadcast STL and intercity relay stations that were 
licensed or had applications pending before the Commission as of 
September 18, 1998 may continue those operations in the band 18,760-
18,820 and 19,100-19,160 MHz on a shared co-primary basis with other 
services under parts 21, 25, and 101 of this chapter until June 8, 2010. 
Prior to June 8, 2010, such stations are subject to relocation by 
licensees in the fixed-satellite service. Such relocation is subject to 
the provisions of Sec. Sec. 101.85 through 101.97 of this chapter. 
After June 8, 2010, such operations are not entitled to protection from 
fixed-satellite service operations and must not cause unacceptable 
interference to fixed-satellite service station operations. No 
applications for new licenses will be accepted in these bands after June 
8, 2000.
    (1)(i) 5 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                              Receive
                Transmit (receive) (MHz)                    (transmit)
                                                               (MHz)
------------------------------------------------------------------------
                           340 MHz Separation
------------------------------------------------------------------------
18762.5.................................................         19102.5
18767.5.................................................         19107.5
18772.5.................................................         19112.5
18777.5.................................................         19117.5
18782.5.................................................         19122.5
18787.5.................................................         19127.5
18792.5.................................................         19132.5
18797.5.................................................         19137.5
18802.5.................................................         19142.5
18807.5.................................................         19147.5
18812.5.................................................         19152.5
18817.5.................................................         19157.5
------------------------------------------------------------------------

    (ii) Licensees may use either a two-way link or one frequency of a 
frequency pair for a one-way link.
    (2) [Reserved]
    (d) For the coordination of all frequency assignments for fixed 
stations above 944 MHz, for each frequency authorized under this part, 
the interference protection criteria in Sec. 101.105(a), (b), and (c) 
of this chapter and the frequency usage coordination procedures of Sec. 
101.103(d) of this chapter will apply.
    (e) The use of the frequencies listed in paragraph (b) of this 
section by aural broadcast intercity relay stations is subject to the 
condition that no harmful interference is caused to other classes of 
stations operating in

[[Page 451]]

accordance with the Table of Frequency Allocations contained in Sec. 
2.106 of this chapter.

[28 FR 13716, Dec. 14, 1963, as amended at 48 FR 50332, Nov. 1, 1983; 49 
FR 37777, Sept. 26, 1984; 50 FR 4658, Feb. 1, 1985; 50 FR 7341, Feb. 22, 
1985; 50 FR 34150, Aug. 23, 1985; 50 FR 48600, Nov. 26, 1985; 54 FR 
10329, Mar. 13, 1989; 54 FR 24905, June 12, 1989; 54 FR 30043, July 18, 
1989; 65 FR 38325, June 20, 2000; 65 FR 54172, Sept. 7, 2000; 68 FR 
12766, Mar. 17, 2003; 68 FR 16967, Apr. 8, 2003; 73 FR 25496, May 6, 
2008]



Sec. 74.503  Frequency selection.

    (a) Each application for a new station or change in an existing 
station shall be specific with regard to frequency. In general, the 
lowest suitable frequency will be assigned which, on an engineering 
basis, will not cause harmful interference to other stations operating 
in accordance with existing frequency allocations.
    (b) Where it appears that interference may result from the operation 
of a new station or a change in the facilities of an existing station, 
the Commission may require a showing that harmful interference will not 
be caused to existing stations or that if interference will be caused 
the need for the proposed service outweighs the loss of service due to 
the interference.

[28 FR 13716, Dec. 14, 1963]



Sec. 74.531  Permissible service.

    (a) An aural broadcast STL station is authorized to transmit aural 
program material between the studio and transmitter location of a 
broadcasting station, except an international broadcasting station, for 
simultaneous or delayed broadcast.
    (b) An aural broadcast intercity relay station is authorized to 
transmit aural program material between broadcasting stations, except 
international broadcasting stations, for simultaneous or delayed 
broadcast.
    (c) An aural broadcast intercity relay station is authorized to 
transmit aural program material between noncommercial educational FM 
radio stations and their co-owned noncommercial educational FM 
translator stations assigned to reserved channels (Channels 201 to 220) 
and between FM radio stations and FM translator stations operating 
within the coverage contour of their primary stations. This use shall 
not interfere with or otherwise preclude use of these broadcast 
auxiliary facilities by broadcast auxiliary stations transmitting aural 
programming between broadcast stations as provided in paragraph (b) of 
this section.
    (d) An aural broadcast STL or intercity relay may be used to 
transmit material between an FM broadcast radio station and an FM 
booster station owned, operated, and controlled by the licensee of the 
originating FM radio station. This use shall not interfere with or 
otherwise preclude use of these broadcast auxiliary facilities by 
broadcast auxiliary stations transmitting aural programming between the 
studio and transmitter location of a broadcast station or between 
broadcast stations as provided in paragraphs (a) and (b) of this 
section.
    (e) An aural broadcast microwave booster station is authorized to 
retransmit the signals of an aural broadcast STL or intercity relay 
station.
    (f) Multiplexing of the STL or intercity relay transmitter may be 
employed to provide additional communication channels for the 
transmission of aural program material, news-wire teleprinter signals 
relaying news to be associated with main channel programming, 
operational communications, and material authorized to be transmitted 
over an FM station under a valid Subsidiary Communications Authorization 
(SCA). An aural broadcast STL or intercity relay station may not be 
operated solely for the transmission of operational, teleprinter or 
subsidiary communications. Operational communications include cues, 
orders, and other communications directly related to the operation of 
the broadcast station as well as special signals used for telemetry or 
the control of apparatus used in conjunction with the broadcasting 
operations.
    (g) All program material, including subsidiary communications, 
transmitted over an aural broadcast STL or intercity relay station shall 
be intended for use by broadcast stations owned or under common control 
of the licensee or licensees of the STL or

[[Page 452]]

intercity relay station. Other broadcast stations may simultaneously 
utilize such program material with permission of the STL or intercity 
relay station licensee.
    (h) In any case where multiplexing, is employed on an aural 
broadcast STL station for the simultaneous transmission of more than one 
aural channel, the STL transmitter must be capable of transmitting the 
multiple channels within the channel on which the STL station is 
authorized to operate and with adequate technical quality so that each 
broadcast station utilizing the circuit can meet the technical 
performance standards stipulated in the rules governing that class of 
broadcasting station. If multiplex operation is employed during the 
regular operation of the STL station, the additional circuits shall be 
in operation at the time that the required periodic performance 
measurements are made of the overall broadcasting system from the studio 
microphone input circuit to the broadcast transmitter output circuit.

[28 FR 13716, Dec. 14, 1963, as amended at 45 FR 51564, Aug. 4, 1980; 52 
FR 31403, Aug. 20, 1987; 55 FR 50693, Dec. 10, 1990; 57 FR 41111, Sept. 
9, 1992]



Sec. 74.532  Licensing requirements.

    (a) An aural broadcast STL or an aural broadcast intercity relay 
station will be licensed only to the licensee or licensees of broadcast 
stations, including low power FM stations, other than international 
broadcast stations, and for use with broadcast stations owned entirely 
by or under common control of the licensee or licensees. An aural 
broadcast intercity relay station also will be licensed for use by low 
power FM stations, noncommercial educational FM translator stations 
assigned to reserved channels (Channels 201-220) and owned and operated 
by their primary station, by FM translator stations operating within the 
coverage contour of their primary stations, and by FM booster stations. 
Aural auxiliary stations licensed to low power FM stations will be 
assigned on a secondary basis; i.e., subject to the condition that no 
harmful interference is caused to other aural auxiliary stations 
assigned to radio broadcast stations. Auxiliary stations licensed to low 
power FM stations must accept any interference caused by stations having 
primary use of aural auxiliary frequencies.
    (b) More than one aural broadcast STL or intercity relay station may 
be licensed to a single licensee upon a satisfactory showing that the 
additional stations are needed to provide different program circuits to 
more than one broadcast station, to provide program circuits from other 
studios, or to provide one or more intermediate relay stations over a 
path which cannot be covered with a single station due to terrain or 
distance.
    (c) If more than one broadcast station or class of broadcast station 
is to be served by a single aural broadcast auxiliary station, this 
information must be stated in the application for construction permit or 
license.
    (d) Licensees of aural broadcast STL and intercity relay stations 
may be authorized to operate one or more aural broadcast microwave 
booster stations for the purpose of relaying signals over a path that 
cannot be covered with a single station.
    (e) Each aural broadcast auxiliary station will be licensed at a 
specified transmitter location to communicate with a specified receiving 
location, and the direction of the main radiation lobe of the 
transmitting antenna will be a term of the station authorization.
    (f) In case of permanent discontinuance of operations of a station 
licensed under this subpart, the licensee shall cancel the station 
license using FCC Form 601. For purposes of this section, a station 
which is not operated for a period of one year is considered to have 
been permanently discontinued.

[28 FR 13716, Dec. 14, 1963, as amended at 49 FR 7129, Feb. 27, 1984; 49 
FR 10930, Mar. 23, 1984; 52 FR 31403, Aug. 20, 1987; 55 FR 50693, Dec. 
10, 1990; 57 FR 41111, Sept. 9, 1992; 58 FR 19775, Apr. 16, 1993; 65 FR 
7649, Feb. 15, 2000; 68 FR 12766, Mar. 17, 2003]



Sec. 74.533  Remote control and unattended operation.

    (a) Aural broadcast STL and intercity relay stations may be operated 
by remote control provided that such operation is conducted in 
accordance with the conditions listed below:

[[Page 453]]

    (1) The remote control system must provide adequate monitoring and 
control functions to permit proper operation of the station.
    (2) The remote control system must be designed, installed, and 
protected so that the transmitter can only be activated or controlled by 
persons authorized by the licensee.
    (3) The remote control system must prevent inadvertent transmitter 
operation due to malfunctions in circuits between the control point and 
transmitter.
    (b) Aural broadcast auxiliary stations may be operated unattended 
subject to the following provisions:
    (1) The transmitter shall be provided with adequate safeguards to 
prevent improper operation of the equipment.
    (2) The transmitter installation shall be adequately protected 
against tampering by unauthorized persons.
    (3) Whenever an unattended aural broadcast auxiliary station is 
used, appropriate observations must be made at the receiving end of the 
circuit as often as necessary to ensure proper station operation. 
However, an aural broadcast STL (and any aural broadcast microwave 
booster station) associated with a radio or TV broadcast station 
operated by remote control may be observed by monitoring the broadcast 
station's transmitted signal at the remote control or ATS monitoring 
point.
    (c) The FCC may notify the licensee to cease or modify operation in 
the case of frequency usage disputes, interference or similar situations 
where such action appears to be in the public interest, convenience and 
necessity.

(Sec. 318, 48 Stat. 1089, as amended by sec. 1, 74 Stat. 363; 47 U.S.C. 
318)

[28 FR 13716, Dec. 14, 1963, as amended at 47 FR 55936, Dec. 14, 1982; 
49 FR 7130, Feb. 27, 1984; 50 FR 32417, Aug. 12, 1985; 50 FR 48599, Nov. 
26, 1985; 60 FR 55483, Nov. 1, 1995]



Sec. 74.534  Power limitations.

    (a) Transmitter output power. (1) Transmitter output power shall be 
limited to that necessary to accomplish the function of the system.
    (2) In the 17,700 to 19,700 MHz band, transmitter output power shall 
not exceed 10 watts.
    (b) In no event shall the average equivalent isotropically radiated 
power (EIRP), as referenced to an isotropic radiator, exceed the values 
specified in the following table. In cases of harmful interference, the 
Commission may, after notice and opportunity for hearing, order a change 
in the equivalent isotropically radiated power of this station.

------------------------------------------------------------------------
                                             Maximum Allowable \1\ EIRP
           Frequency band (MHz)                         (dBW)
------------------------------------------------------------------------
944 to 952................................   + 40
17,700 to 18,600..........................   + 55
18,600 to 19,700..........................   + 35
------------------------------------------------------------------------
\1\ Stations licensed based on an application filed before April 16,
  2003, for EIRP values exceeding those specified above, may continue to
  operate indefinitely in accordance with the terms of their current
  authorizations, subject to periodic renewal.

    (c) The EIRP of transmitters that use Automatic Transmitter Power 
Control (ATPC) shall not exceed the EIRP specified on the station 
authorization. The EIRP of non-ATPC transmitters shall be maintained as 
near as practicable to the EIRP specified on the station authorization.

[68 FR 12766, Mar. 17, 2003]



Sec. 74.535  Emission and bandwidth.

    (a) The mean power of emissions shall be attenuated below the mean 
transmitter power (PMEAN) in accordance with the following 
schedule:
    (1) When using frequency modulation:
    (i) On any frequency removed from the assigned (center) frequency by 
more than 50% up to and including 100% of the authorized bandwidth: At 
least 25 dB in any 100 kHz reference bandwidth (BREF);
    (ii) On any frequency removed from the assigned (center) frequency 
by more than 100% up to and including 250% of the authorized bandwidth: 
At least 35 dB in any 100 kHz reference bandwidth;
    (iii) On any frequency removed from the assigned (center) frequency 
by more than 250% of the authorized bandwidth: At least 43 + 10 
log10 (PMEAN in watts) dB, or 80 dB, whichever is 
the lesser attenuation, in any 100 kHz reference bandwidth.
    (2) When using transmissions employing digital modulation 
techniques:

[[Page 454]]

    (i) For operating frequencies below 15 GHz, in any 4 kHz reference 
bandwidth (BREF), the center frequency of which is removed 
from the assigned frequency by more than 50 percent up to and including 
250 percent of the authorized bandwidth: As specified by the following 
equation but in no event less than 50 decibels:

A = 35 + 0.8(G - 50) + 10 Log10 B.

(Attenuation greater than 80 decibels is not required.)

Where:

A = Attenuation (in decibels) below the mean output power level.
G = Percent removed from the carrier frequency.
B = Authorized bandwidth in megahertz.

    (ii) For operating frequencies above 15 GHz, in any 1 MHz reference 
bandwidth (BREF), the center frequency of which is removed 
from the assigned frequency by more than 50 percent up to and including 
250 percent of the authorized bandwidth: As specified by the following 
equation but in no event less than 11 decibels:

A = 11 + 0.4(G - 50) + 10 Log10 B.

(Attenuation greater than 56 decibels is not required.)

    (iii) In any 4 kHz reference bandwidth (BREF), the center 
frequency of which is removed from the assigned frequency by more than 
250 percent of the authorized bandwidth: At least 43 + 10 
Log10 (PMEAN in watts) decibels, or 80 decibels, 
whichever is the lesser attenuation.
    (b) For all emissions not covered in paragraph (a) of this section, 
the peak power of emissions shall be attenuated below the peak envelope 
transmitter power (PPEAK) in accordance with the following 
schedule:
    (1) On any frequency 500 Hz inside the channel edge up to and 
including 2500 Hz outside the same edge, the following formula will 
apply:

A = 29 Log10 [(25/11)[(D + 2.5 - (W/2)]\2\] dB

(Attenuation greater than 50 decibels is not required.)

Where:

A = Attenuation (in dB) below the peak envelope transmitter power.
D = the displacement frequency (kHz) from the center of the authorized 
          bandwidth.
W = the channel bandwidth (kHz).

    (2) On any frequency removed from the channel edge by more than 2500 
Hz: At least 43 + 10 Log10 (PPEAK in watts) dB.
    (c) In the event a station's emissions outside its authorized 
channel cause harmful interference, the Commission may require the 
licensee to take such further steps as may be necessary to eliminate the 
interference.
    (d) For purposes of compliance with the emission limitation 
requirements of this section:
    (1) If the transmitter modulates a single carrier, digital 
modulation techniques are considered as being employed when digital 
modulation occupies 50 percent or more of the total peak frequency 
deviation of a transmitted radio frequency carrier. The total peak 
frequency deviation will be determined by adding the deviation produced 
by the digital modulation signal and the deviation produced by any 
frequency division multiplex (FDM) modulation used. The deviation (D) 
produced by the FDM signal must be determined in accordance with Sec. 
2.202(f) of this chapter.
    (2) If the transmitter modulates two or more carriers, with at least 
one using digital modulation and one using frequency or other analog 
modulation, digital modulation techniques are considered as being 
employed when the necessary bandwidth of the digital signal(s) is 50 
percent or more of the aggregate bandwidth of the system, comprising the 
digital necessary bandwidth(s), the analog necessary bandwidth(s), and 
any bandwidth(s) between the digital and analog necessary bandwidths. In 
this case, the aggregate bandwidth shall be used for the authorized 
bandwidth (B) in paragraph (a) of this section, and for purposes of 
compliance with the bandwidth limitations in Sec. 74.502 of this 
subpart; and the sum of the powers of the analog and digital signals 
shall be used for mean transmitter power (PMEAN) in paragraph 
(a) or the peak envelope transmitter power (PPEAK) in 
paragraph (b) of this section, and for purposes of compliance with the 
power limitations in Sec. 74.534 of this subpart.

[[Page 455]]

    (3) For demonstrating compliance with the attenuation requirements 
for frequency modulation and digital modulation in paragraph (a) of this 
section, the resolution bandwidth (BRES) of the measuring 
equipment used for measurements removed from the center frequency by 
more than 250 percent of the authorized bandwidth shall be 100 kHz for 
operating frequencies below 1 GHz, and 1 MHz for operating frequencies 
above 1 GHz. The resolution bandwidth for frequencies removed from the 
center frequency by less than 250 percent of the authorized bandwidth 
shall be the reference bandwidth (BREF) specified in the 
individual emission limitations, but may be reduced to not less than one 
percent of the authorized bandwidth (B), adjusted upward to the nearest 
greater resolution bandwidth available on the measuring equipment. In 
all cases, if BRES and BREF are not equal, then 
the attenuation requirement must be increased (or decreased) as 
determined by a factor of 10 log10 [(BREF in 
megahertz)/(BRES in megahertz)] decibels, where a positive 
factor indicates an increase in the attenuation requirement and a 
negative factor indicates a decrease in the attenuation requirement.
    (4) Stations licensed pursuant to an application filed before March 
17, 2005, using equipment not conforming with the emission limitations 
specified above, may continue to operate indefinitely in accordance with 
the terms of their current authorizations, subject to periodic renewal. 
existing equipment and equipment of product lines in production before 
April 16, 2003, authorized via certification or Declaration of 
Conformity before March 17, 2005, for equipment not conforming to the 
emission limitations requirements specified above, may continue to be 
manufactured and/or marketed, but may not be authorized for use under a 
station license except at stations licensed pursuant to an application 
filed before March 17, 2005. Any non-conforming equipment authorized 
under a station license, and replaced on or after March 17, 2005, must 
be replaced by conforming equipment.
    Note 1 to paragraph (d)(4): the Declaration of Conformity procedure 
has been replaced by the Supplier's Declaration of Conformity procedure. 
See Sec. 2.950 of this chapter.
    (e) The following limitations apply to the operation of aural 
broadcast microwave booster stations:
    (1) The booster station must receive and amplify the signals of the 
originating station and retransmit them on the same frequency without 
significantly altering them in any way. The characteristics of the 
booster transmitter output signal shall meet the requirements applicable 
to the signal of the originating station.
    (2) The licensee is responsible for correcting any condition of 
interference that results from the radiation of radio frequency energy 
outside the assigned channel. Upon notice by the FCC to the station 
licensee that interference is being caused, operation of the apparatus 
must be immediately suspended and may not be resumed until the 
interference has been eliminated or it can be demonstrated that the 
interference is not due to spurious emissions. However, short term test 
transmissions may be made during the period of suspended operation to 
determine the efficacy of remedial measures.
    (3) In each instance where suspension of operation is required, the 
licensee must submit a full report to the FCC after operation is 
resumed. The report must contain details of the nature of the 
interference, the source of interfering signals, and the remedial steps 
taken to eliminate the interference.

[28 FR 13716, Dec. 14, 1963, as amended at 48 FR 50332, Nov. 1, 1983; 49 
FR 7130, Feb. 27, 1984; 49 FR 37777, Sept. 26, 1984; 50 FR 48599, Nov. 
26, 1985; 68 FR 12766, Mar. 17, 2003; 82 FR 50835, Nov. 2, 2017]



Sec. 74.536  Directional antenna required.

    (a) Aural broadcast STL and ICR stations are required to use a 
directional antenna with the minimum beamwidth necessary, consistent 
with good engineering practice, to establish the link.
    (b) An aural broadcast STL or intercity relay station operating in 
the 17.7-19.7 GHz band shall employ an antenna that meets the 
performance standards for Category A, except that in areas not subject 
to frequency congestion, antennas meeting standards for Category B may 
be employed. However, the Commission may require the replacement, at the 
licensee's expense, of

[[Page 456]]

any antenna or periscope antenna system of a permanent fixed station 
that does not meet performance Standard A, which is specified in the 
table in paragraph (c) of this section, upon a showing that said antenna 
causes or is likely to cause interference to (or receive interference 
from) any other authorized or proposed station; provided that an antenna 
meeting performance Standard A is unlikely to involve such interference.
    (c) Licensees shall comply with the antenna standards table shown in 
this paragraph in the following manner:
    (1) With either the maximum beamwidth to 3 dB points requirement or 
with the minimum antenna gain requirement; and
    (2) With the minimum radiation suppression to angle requirement.

                                                                    Antenna Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Maximum                   Minimum radiation suppression to angle in degrees from
                                                                  beamwidth                            centerline of main beam in decibels
                                                                   to 3 dB    Minimum  -----------------------------------------------------------------
                                                                    points    antenna
                   Frequency (GHz)                      Category     \1\        gain     5[deg]  10[deg]  15[deg]  20[deg]   30[deg]  100[deg]  140[deg]
                                                                  (included    (dbi)       to       to       to       to       to        to        to
                                                                   angle in             10[deg]  15[deg]  20[deg]  30[deg]  100[deg]  140[deg]  180[deg]
                                                                   degrees)
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.7 to 19.7.........................................          A        2.2         38      25       29       33       36        42        55        55
                                                               B        2.2         38      20       24       28       32        35        36        36
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the
  elevation planes.


[48 FR 50333, Nov. 1, 1983, as amended at 49 FR 7130, Feb. 27, 1984; 50 
FR 48599, Nov. 26, 1985; 51 FR 19840, June 3, 1986; 62 FR 4922, Feb. 3, 
1997; 68 FR 12767, Mar. 17, 2003]



Sec. 74.537  Temporary authorizations.

    (a) Special temporary authority may be granted for aural broadcast 
STL or intercity relay station operation which cannot be conducted in 
accordance with Sec. 74.24. Such authority will normally be granted 
only for operations of a temporary nature. Where operation is seen as 
likely on a continuing annual basis, an application for a regular 
authorization should be submitted.
    (b) A request for special temporary authority for the operation of 
an aural broadcast STL or an intercity relay station must be made in 
accordance with the procedures of Sec. 1.931(b) of this chapter.
    (c) All requests for special temporary authority of an aural 
broadcast auxiliary stations must include full particulars including: 
licensee's name and address, facility identification number of the 
associated broadcast station(s), call letters of the aural broadcast STL 
or intercity relay station, if assigned, type and manufacturer of 
equipment, effective isotropic radiated power, emission, frequency or 
frequencies proposed for use, commencement and termination date and 
location of the proposed operation, and purpose for which request is 
made including any particular justification.
    (d) A request for special temporary authorization shall specify a 
frequency or frequencies consistent with the provisions of Sec. 74.502. 
However, in the case of events of widespread interest and importance 
which cannot be transmitted successfully on these frequencies, 
frequencies assigned to other services may be requested upon a showing 
that operation thereon will not cause interference to established 
stations. In no case will operation of an aural broadcast STL or 
intercity relay station be authorized on frequencies employed for the 
safety of life or property.
    (e) When the transmitting equipment utilized is not licensed to the 
user, the user shall nevertheless have full control over the use of the 
equipment during the period it is operated.
    (f) Special temporary authorization to permit operation of aural 
broadcast

[[Page 457]]

STL or intercity relay stations or systems pending FCC action on an 
application for regular authority will normally not be granted.

[47 FR 9220, Mar. 4, 1982, as amended at 50 FR 23709, June 5, 1985; 58 
FR 19775, Apr. 16, 1993; 68 FR 12767, Mar. 17, 2003]



Sec. 74.550  Equipment authorization.

    Each authorization for aural broadcast STL, ICR, and booster 
stations shall require the use of equipment which has received a grant 
of certification or authorized under a Supplier's Declaration of 
Conformity. Equipment which has not been approved under the equipment 
authorization program and which was in service prior to July 1, 1993, 
may be retained solely for temporary uses necessary to restore or 
maintain regular service provided by approved equipment, because the 
main or primary unit has failed or requires servicing. Such temporary 
uses may not interfere with or impede the establishment of other aural 
broadcast auxiliary links and may not occur during more than 720 
cumulative hours per year. Should interference occur, the licensee must 
take all steps necessary to eliminate it, up to and including cessation 
of operation of the auxiliary transmitter. All unapproved equipment 
retained for temporary use must have been in the possession of the 
licensee prior to July 1, 1993, and may not be obtained from other 
sources. Equipment designed exclusively for fixed operation shall be 
authorized under Supplier's Declaration of Conformity procedure. The 
equipment authorization procedures are contained in subpart J of part 2 
of this chapter.
    Note 1 to Sec. 74.550: The Declaration of Conformity procedure has 
been replaced by Supplier's Declaration of Conformity. Equipment 
previously authorized under subpart J of part 2 of this chapter may 
remain in use. See Sec. 2.950 to this chapter.
    Note 2 to Sec. 74.550: Consistent with the note to Sec. 74.502(a), 
grandfathered equipment in the 942-944 MHz band and STL/ICR users of 
these frequencies in Puerto Rico are also required to come into 
compliance by July 1, 1993. The backup provisions described above apply 
to these stations also.

[82 FR 50835, Nov. 2, 2107]



Sec. 74.551  Equipment changes.

    (a) Modifications may be made to an existing authorization in 
accordance with Sec. Sec. 1.929 and 1.947 of this chapter.
    (b) Permissible changes in equipment operating in the bands 18.3-
18.58, 18.76-18.82 GHz and 19.1-19.16 GHz. Notwithstanding other 
provisions of this section, licensees of stations that remain co-primary 
under the provisions of Sec. 74.502(c) may not make modifications to 
their systems that increase interference to satellite earth stations, or 
result in a facility that would be more costly to relocate.

[28 FR 13716, Dec. 14, 1963, as amended at 38 FR 6827, Mar. 13, 1973; 47 
FR 54448, Dec. 3, 1982; 49 FR 7130, Feb. 27, 1984; 50 FR 48599, Nov. 26, 
1985; 58 FR 19775, Apr. 16, 1993; 61 FR 4368, Feb. 6, 1996; 65 FR 54172, 
Sept. 7, 2000; 68 FR 12768, Mar. 17, 2003; 68 FR 16967, Apr. 8, 2003; 68 
FR 20225, Apr. 24, 2003; 69 FR 43772, July 22, 2004]



Sec. 74.561  Frequency tolerance.

    In the bands above 944 MHz, the operating frequency of the 
transmitter shall be maintained in accordance with the following table:

------------------------------------------------------------------------
                                                            Tolerance as
                                                             percentage
                   Frequency band (MHz)                      of assigned
                                                              frequency
------------------------------------------------------------------------
944 to 952................................................         0.005
17,700 to 19,700..........................................         0.003
------------------------------------------------------------------------


[54 FR 30043, July 18, 1989, as amended at 68 FR 12768, Mar. 17, 2003]



Sec. 74.562  Frequency monitors and measurements.

    The licensee shall ensure that the STL, ICR, TVP, or booster 
transmitter does not exceed the emission limitations of Sec. 74.535. 
This may be accomplished by appropriate frequency measurement techniques 
and consideration of the transmitter emissions.

[50 FR 48599, Nov. 26, 1985]



Sec. 74.582  Station identification.

    (a) Each aural broadcast STL or intercity relay station, when 
transmitting program material or information shall transmit station 
identification at the beginning and end of each period of operation, and 
hourly, as close to the hour as feasible, at a natural break in

[[Page 458]]

program offerings by one of the following means:
    (1) Transmission of its own call sign by aural means or by automatic 
transmission of international Morse telegraphy.
    (2) Aural transmission of the call sign of the radio broadcast 
station with which it is licensed as an STL or intercity relay station.
    (3) Aural transmission of the call sign of the radio broadcast 
station whose signals are being relayed, or, when programs are obtained 
directly from network lines and relayed, the network identification.
    (b) Station identification transmissions during operation need not 
be made when to make such transmission would interrupt a single 
consecutive speech, play, religious service, symphony concert, or other 
such productions. In such cases, the identification transmission shall 
be made at the first interruption of the entertainment continuity and at 
the conclusion thereof.
    (c) Where more than one aural broadcast STL or intercity relay 
station is employed in an integrated relay system, the station at the 
point of origination may originate the transmission of the call signs of 
all of the stations in the relay system.
    (d) Aural broadcast microwave booster stations will be assigned 
individual call signs. However, station identification will be 
accomplished by the retransmission of identification as provided in 
paragraph (a) of this section.
    (e) Voice transmissions shall normally be employed for station 
identification. However, other methods of station identification may be 
permitted or required by the Commission.

[28 FR 13716, Dec. 14, 1963, as amended at 42 FR 36830, July 18, 1977; 
42 FR 38178, July 27, 1977; 45 FR 26067, Apr. 17, 1980; 49 FR 7130, Feb. 
27, 1984]



            Subpart F_Television Broadcast Auxiliary Stations



Sec. 74.600  Eligibility for license.

    A license for a station in this subpart will be issued only to a 
television broadcast station, a Class A TV station, a television 
broadcast network-entity, a low power TV station, or a TV translator 
station.

[ 65 FR 30011, May 10, 2000]



Sec. 74.601  Classes of TV broadcast auxiliary stations.

    (a) TV pickup stations. A land mobile station used for the 
transmission of TV program material and related communications from 
scenes of events occurring at points removed from TV station studios to 
a TV broadcast, Class A TV or low power TV station or other purposes as 
authorized in Sec. 74.631.
    (b) TV STL station (studio-transmitter link). A fixed station used 
for the transmission of TV program material and related communications 
from the studio to the transmitter of a TV broadcast, Class A TV or low 
power TV station or other purposes as authorized in Sec. 74.631.
    (c) TV relay station. A fixed station used for transmission of TV 
program material and related communications for use by TV broadcast, 
Class A TV and low power TV stations or other purposes as authorized in 
Sec. 74.631.
    (d) TV translator relay station. A fixed station used for relaying 
programs and signals of TV broadcast or Class A TV stations to Class A 
TV, LPTV, TV translator, and to other communications facilities that the 
Commission may authorize or for other purposes as permitted by Sec. 
74.631.
    (e) TV broadcast licensee. Licensees and permittees of TV broadcast, 
Class A TV and low power TV stations, unless specifically otherwise 
indicated.
    (f) TV microwave booster station. A fixed station in the TV 
broadcast auxiliary service that receives and amplifies signals of a TV 
pickup, TV STL, TV relay, or TV translator relay station and retransmits 
them on the same frequency.

[65 FR 30012, May 10, 2000]



Sec. 74.602  Frequency assignment.

    (a) The following frequencies are available for assignment to 
television pickup, television STL, television relay and television 
translator relay stations. The band segments 17,700-18,580 and 19,260-
19,700 MHz are available for broadcast auxiliary stations as

[[Page 459]]

described in paragraph (g) of this section. The band segment 6425-6525 
MHz is available for broadcast auxiliary stations as described in 
paragraph (i) of this section. The bands 6875-7125 MHz and 12700-13200 
MHz are co-equally shared with stations licensed pursuant to Parts 78 
and 101 of the Commission's Rules. Broadcast network-entities may also 
use the 1990-2110, 6425-6525 and 6875-7125 MHz bands for mobile 
television pickup only.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Band D \1\ GHz
                                                                  --------------------------------------------------------------------------------------
                                                                                Group A channels                            Group B channels
              Band A MHz                        Band B MHz        --------------------------------------------------------------------------------------
                                                                                                  Channel                                    Channel
                                                                          Designation            boundaries           Designation           boundaries
--------------------------------------------------------------------------------------------------------------------------------------------------------
1990-2008.............................  .........................  A01......................    12.700-12.725  B01.....................  12.7125-12.7375
2008-2025.............................  .........................  A02......................    12.725-12.750  B02.....................  12.7375-12.7625
2025-2042.............................  .........................  A03......................    12.750-12.775  B03.....................  12.7625-12.7875
2042-2059.............................  .........................  A04......................    12.775-12.800  B04.....................  12.7875-12.8125
2059-2076.............................  6875-6900................  A05......................    12.800-12.825  B05.....................  12.8125-12.8375
2076-2093.............................  6900-6925................  A06......................    12.825-12.850  B06.....................  12.8375-12.8625
2093-2110.............................  6925-6950................  A07......................    12.850-12.875  B07.....................  12.8625-12.8875
2450-2467.............................  6950-6975................  A08......................    12.875-12.900  B08.....................  12.8875-12.9125
2467-2483.5...........................  6975-7000................  A09......................    12.900-12.925  B09.....................  12.9125-12.9375
                                        7000-7025................  A10......................    12.925-12.950  B10.....................  12.9375-12.9625
                                        7025-7050................  A11......................    12.950-12.975  B11.....................  12.9625-12.9875
                                        7050-7075................  A12......................    12.975-13.000  B12.....................  12.9875-12.0125
                                        7075-7100................  A13......................    13.000-13.025  B13.....................  13.0125-13.0375
                                        7100-7125................  A14......................    13.025-13.050  B14.....................  13.0375-13.0625
                                                                   A15......................    13.050-13.075  B15.....................  13.0625-13.0875
                                                                   A16......................    13.075-13.100  B16.....................  13.0875-13.1125
                                                                   A17......................    13.100-13.125  B17.....................  13.1125-13.1375
                                                                   A18......................    13.125-13.150  B18 \2\.................  13.1375-13.1625
                                                                   A19 \2\..................    13.150-13.175  B19 \2\.................  13.1625-13.1875
                                                                   A20 \2\..................    13.175-13.200  B20 \2\.................  13.1875-13.2125
                                                                   A21......................    13.200-13.225  B21.....................  13.2125-13.2375
                                                                   A22......................    13.225-13.250
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For fixed stations using Band D Channels, applicants are encouraged to use alternate A and B channels such that adjacent R.F. carriers are spaced
  12.5 MHz. As example, a fixed station, relaying several channels, would use A01, B01, A02, B02, A03, etc.
\2\ The band 13.15-13.20 GHz is reserved for television pickup and CARS pickup stations inside a 50 km radius of the 100 television markets delineated
  in Sec. 76.51 of this chapter. Outside a 50 km radius of the 100 television markets delineated in Sec. 76.51 of this chapter, television pickup
  stations, CARS stations and NGSO FSS gateway earth stations shall operate on a primary co-equal basis. The band 13.20-13.2125 GHz is reserved for
  television pickup stations on a primary basis and CARS pickup stations on a secondary basis inside a 50 km radius of the 100 television markets
  delineated in Sec. 76.51 of this chapter. Outside a 50 km radius of the 100 markets delineated in Sec. 76.51 of this chapter, television pickup
  stations and NGSO FSS gateway earth stations shall operate on a co-primary basis, CARS stations shall operate on a secondary basis. Fixed television
  auxiliary stations licensed pursuant to applications accepted for filing before September 1, 1979, may continue operation on channels in the 13.15-
  13.25 GHz band, subject to periodic license renewals. NGSO FSS gateway uplink transmissions in the 13.15-13.2125 GHz segment shall be limited to a
  maximum EIRP of 3.2 dBW towards 0 degrees on the radio horizon. These provisions shall not apply to GSO FSS operations in the 12.75-13.25 GHz band.

    (1) Frequencies shown above between 2450 and 2500 MHz in Band A are 
allocated to accommodate the incidental radiations of industrial, 
scientific, and

[[Page 460]]

medical (ISM) equipment, and stations operating therein must accept any 
interference that may be caused by the operation of such equipment. 
Frequencies between 2450 and 2500 MHz are also shared with other 
communication services and exclusive channel assignments will not be 
made, nor is the channeling shown above necessarily that which will be 
employed by such other services.
    (2) In the band 2483.5-2500 MHz, no applications for new stations or 
modification to existing stations to increase the number of transmitters 
will be accepted. Existing licensees as of July 25, 1985, and licensees 
whose initial applications were filed on or before July 25, 1985, are 
grandfathered and their operations are on a co-primary basis with the 
mobile-satellite and radiodetermination-satellite services, and in the 
segment 2495-2500 MHz, their operations are also on a co-primary basis 
with part 27 fixed and mobile except aeronautical mobile service 
operations.
    (3)(i) After January 7, 2004, stations may adhere to the channel 
plan specified in paragraph (a) of this section, or the following 
channel plan in Band A:

Channel A1r--2025.5-2037.5 MHz
Channel A2r--2037.5-2049.5 MHz
Channel A3r--2049.5-2061.5 MHz
Channel A4--2061.5-2073.5 MHz
Channel A5r--2073.5-2085.5 MHz
Channel A6r--2085.5-2097.5 MHz
Channel A7r--2097.5-2109.5 MHz

    (ii) Stations adhering to the channel plan specified in paragraph 
(a)(3)(i) of this section may also use the following 40 data return link 
(DRL) channels to facilitate their operations in the 2025.5-2109.5 MHz 
band:

                         Lower band DRL channels

2025.000-2025.025 MHz
2025.025-2025.050 MHz
2025.050-2025.075 MHz
2025.075-2025.100 MHz
2025.100-2025.125 MHz
2025.125-2025.150 MHz
2025.150-2025.175 MHz
2025.175-2025.200 MHz
2025.200-2025.225 MHz
2025.225-2025.250 MHz
2025.250-2025.275 MHz
2025.275-2025.300 MHz
2025.300-2025.325 MHz
2025.325-2025.350 MHz
2025.350-2025.375 MHz
2025.375-2025.400 MHz
2025.400-2025.425 MHz
2025.425-2025.450 MHz
2025.450-2025.475 MHz
2025.475-2025.500 MHz

                         Upper band DRL channels

2109.500-2109.525 MHz
2109.525-2109.550 MHz
2109.550-2109.575 MHz
2109.575-2109.600 MHz
2109.600-2109.625 MHz
2109.625-2109.650 MHz
2109.650-2109.675 MHz
2109.675-2109.700 MHz
2109.700-2109.725 MHz
2109.725-2109.750 MHz
2109.750-2109.775 MHz
2109.775-2109.800 MHz
2109.800-2109.825 MHz
2109.825-2109.850 MHz
2109.850-2109.875 MHz
2109.875-2109.900 MHz
2109.900-2109.925 MHz
2109.925-2109.950 MHz
2109.950-2109.975 MHz
2109.975-2110.000 MHz

    (iii) Broadcast Auxiliary Service, Cable Television Remote Pickup 
Service, and Local Television Transmission Service licensees will be 
required to use the Band A channel plan in paragraph (a)(3)(i) of this 
section after completion of relocation by an Emerging Technologies 
licensee in accordance with Sec. 74.690 or Sec. 78.40. Licensees 
declining relocation may continue to use their existing channel plan but 
must discontinue use of the 1990-2025 MHz band when they indicate to an 
Emerging Technologies licensee, acting pursuant to Sec. 74.690 or Sec. 
78.40 of this chapter, that they decline to be relocated.
    (4) [Reserved]
    (b) Subject to the conditions of paragraph (a) of this section, 
frequency assignments will normally be made as requested, provided that 
the frequency selection provisions of Sec. 74.604 have been followed 
and that the frequency requested will cause no interference to existing 
users in the area. The Commission reserves the right to assign 
frequencies other than those requested if, in its opinion, such action 
is warranted.
    (c) Fixed link stations will be authorized to operate on one channel 
only.
    (d) Cable Television Relay Service stations may be assigned channels 
in Band D between 12,700 and 13,200 MHz subject to the condition that no 
harmful interference is caused to TV STL

[[Page 461]]

and TV relay stations authorized at the time of such grants. Similarly, 
new TV STL and TV relay stations must not cause harmful interference to 
cable television relay stations authorized at the time of such grants. 
The use of channels between 12,700 and 13,200 MHz by TV pickup stations 
is subject to the condition that no harmful interference is caused to 
Cable Television Relay Service stations, TV STL and TV relay stations, 
except as provided for in Sec. 74.602(a) Note 2. Band D channels are 
also shared with certain Private Operational Fixed Stations, see Sec. 
74.638.
    (e) Communication common carriers in the Local Television 
Transmission Service (Part 101) may be assigned frequencies available to 
television broadcast station licensees and broadcast network entities 
for the purpose of providing service to television broadcast stations 
and broadcast network entities, respectively.
    (f) TV auxiliary stations licensed to low power TV stations and 
translator relay stations will be assigned on a secondary basis, i.e., 
subject to the condition that no harmful interference is caused to other 
TV auxiliary stations assigned to TV broadcast stations, or to cable 
television relay service stations (CARS) operating between 12,700 and 
13,200 MHz. Auxiliary stations licensed to low power TV stations and 
translator relay stations must accept any interference caused by 
stations having primary use of TV auxiliary frequencies.
    (g) The following frequencies are available for assignment to 
television STL, television relay stations and television translator 
relay stations. Stations operating on frequencies in the sub-bands 18.3-
18.58 GHz and 19.26-19.3 GHz that were licensed or had applications 
pending before the Commission as of September 18, 1998 may continue 
those operations on a shared co-primary basis with other services under 
parts 21, 25, 78, and 101 of this chapter. Such stations, however, are 
subject to relocation by licensees in the fixed-satellite service. Such 
relocation is subject to the provisions of Sec. Sec. 101.85 through 
101.97 of this chapter. No new applications for new licenses will be 
accepted in the 19.26-19.3 GHz band after June 8, 2000, and no new 
applications for new licenses will be accepted in the 18.3-18.58 GHz 
band after November 19, 2002. The provisions of Sec. 74.604 do not 
apply to the use of these frequencies. Licensees may use either a two-
way link or one or both frequencies of a frequency pair for a one-way 
link and shall coordinate proposed operations pursuant to procedures 
required in Sec. 101.103(d) of this chapter.
    (1) 2 MHz maximum authorized bandwidth channel:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
18141.0....................................................          n/a
------------------------------------------------------------------------

    (2) 6 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           216 MHz Separation
------------------------------------------------------------------------
18145.0....................................................          n/a
18151.0....................................................      18367.0
18157.0....................................................      18373.0
18163.0....................................................      18379.0
18169.0....................................................      18385.0
18175.0....................................................      18391.0
18181.0....................................................      18397.0
18187.0....................................................      18403.0
18193.0....................................................      18409.0
18199.0....................................................      18415.0
18205.0....................................................      18421.0
18211.0....................................................      18427.0
18217.0....................................................      18433.0
18223.0....................................................      18439.0
18229.0....................................................      18445.0
18235.0....................................................      18451.0
18241.0....................................................      18457.0
18247.0....................................................      18463.0
18253.0....................................................      18469.0
18259.0....................................................      18475.0
18265.0....................................................      18481.0
18271.0....................................................      18487.0
18277.0....................................................      18493.0
18283.0....................................................      18499.0
18289.0....................................................      18505.0
18295.0....................................................      18511.0
18301.0....................................................      18517.0
18307.0....................................................      18523.0
18313.0....................................................      18529.0
18319.0....................................................      18535.0
18325.0....................................................      18541.0
18331.0....................................................      18547.0
18337.0....................................................      18553.0
18343.0....................................................      18559.0
18349.0....................................................      18565.0
18355.0....................................................      18571.0
18361.0....................................................      18577.0
------------------------------------------------------------------------

    (3) 10 MHz maximum authorized bandwidth channels:

[[Page 462]]



------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           1560 MHz Separation
------------------------------------------------------------------------
17705.0....................................................      19265.0
17715.0....................................................      19275.0
17725.0....................................................      19285.0
17735.0....................................................      19295.0
17745.0....................................................      19305.0
17755.0....................................................      19315.0
17765.0....................................................      19325.0
17775.0....................................................      19335.0
17785.0....................................................      19345.0
17795.0....................................................      19355.0
17805.0....................................................      19365.0
17815.0....................................................      19375.0
17825.0....................................................      19385.0
17835.0....................................................      19395.0
17845.0....................................................      19405.0
17855.0....................................................      19415.0
17865.0....................................................      19425.0
17875.0....................................................      19435.0
17885.0....................................................      19445.0
17895.0....................................................      19455.0
17905.0....................................................      19465.0
17915.0....................................................      19475.0
17925.0....................................................      19485.0
17935.0....................................................      19495.0
17945.0....................................................      19505.0
17955.0....................................................      19515.0
17965.0....................................................      19525.0
17975.0....................................................      19535.0
17985.0....................................................      19545.0
17995.0....................................................      19555.0
18005.0....................................................      19565.0
18015.0....................................................      19575.0
18025.0....................................................      19585.0
18035.0....................................................      19595.0
18045.0....................................................      19605.0
18055.0....................................................      19615.0
18065.0....................................................      19625.0
18075.0....................................................      19635.0
18085.0....................................................      19645.0
18095.0....................................................      19655.0
18105.0....................................................      19665.0
18115.0....................................................      19675.0
18125.0....................................................      19685.0
18135.0....................................................      19695.0
------------------------------------------------------------------------

    (4) 20 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           1560 MHz Separation
------------------------------------------------------------------------
17710.0....................................................      19270.0
17730.0....................................................      19290.0
17750.0....................................................      19310.0
17770.0....................................................      19330.0
17790.0....................................................      19350.0
17810.0....................................................      19370.0
17830.0....................................................      19390.0
17850.0....................................................      19410.0
17870.0....................................................      19430.0
17890.0....................................................      19450.0
17910.0....................................................      19470.0
17930.0....................................................      19490.0
17950.0....................................................      19510.0
17970.0....................................................      19530.0
17990.0....................................................      19550.0
18010.0....................................................      19570.0
18030.0....................................................      19590.0
18050.0....................................................      19610.0
18070.0....................................................      19630.0
18090.0....................................................      19650.0
18110.0....................................................      19670.0
18130.0....................................................      19690.0
------------------------------------------------------------------------

    (5) 40 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           1560 MHz Separation
------------------------------------------------------------------------
17720.0....................................................      19280.0
17760.0....................................................      19320.0
17800.0....................................................      19360.0
17840.0....................................................      19400.0
17880.0....................................................      19440.0
17920.0....................................................      19480.0
17960.0....................................................      19520.0
18000.0....................................................      19560.0
18040.0....................................................      19600.0
18080.0....................................................      19640.0
18120.0....................................................      19680.0
------------------------------------------------------------------------

    (6) 80 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           1560 MHz Separation
------------------------------------------------------------------------
17740.0....................................................      19300.0
17820.0....................................................      19380.0
17900.0....................................................      19460.0
17980.0....................................................      19540.0
18060.0....................................................      19620.0
------------------------------------------------------------------------

    (h) TV STL, TV relay stations, and TV translator relay stations may 
be authorized to operate fixed point-to-point service on the UHF TV 
channels 14-69 on a secondary basis and subject to the provisions of 
subpart G of this part:
    (1) Applications for authorization in accordance with this paragraph 
must comply with the following technical limits or be accompanied by an 
engineering analysis demonstrating why these limits must be exceeded:
    (i) Maximum EIRP is limited to 35 dBW;
    (ii) Transmitting antenna beamwidth is limited to 25 degrees 
(measured at the 3 dB points); and
    (iii) Vertical polarization is used.
    (2) These stations must not interfere with and must accept 
interference from current and future full-power UHF-TV

[[Page 463]]

stations, LPTV stations, and translator stations. They will also be 
secondary to land mobile stations in areas where land mobile sharing is 
currently permitted.
    (3) TV STL and TV relay stations licensed for operation on UHF TV 
channels 52-69 based on applications filed before April 16, 2003, may 
continue to operate under the terms of their current authorizations 
until the end of transition to digital television in their market (DTV 
Transition), as set forth in Sec. Sec. 73.622 through 73.625 of this 
chapter. Applications for TV STL and TV relay stations operating on UHF 
TV channels 52-69 will not be accepted for filing on or after April 16, 
2003.
    (4) TV translator relay stations licensed for operation on UHF TV 
channels 52-59 based on applications filed before the end of DTV 
transition may continue to operate under the terms of their current 
authorizations indefinitely. TV translator relay stations licensed for 
operation on UHF TV channels 60-69 based on applications filed before 
the end of DTV transition may continue to operate under the terms of 
their current authorizations until the end of DTV Transition. 
Applications for TV translator relay stations operating on UHF TV 
channels 52-69 will not be accepted for filing on or after the end of 
DTV Transition.
    (5)(i) The licensee of a TV STL, TV relay station, or TV translator 
relay station that operates on frequencies in the 600 MHz band assigned 
to wireless licensees under part 27 of this chapter must cease 
operations on those frequencies no later than the end of the post-
auction transition period as defined in Sec. 27.4 of this chapter. The 
licensee of a TV STL, TV relay station, or TV translator relay station 
may be required to cease operations on a date earlier than the end of 
the post-auction transition period if it receives a notification 
pursuant to paragraph (h)(5)(ii) of this section.
    (ii) A wireless licensee assigned to frequencies in the 600 MHz band 
under part 27 of this chapter must notify the licensee of a TV STL, TV 
relay station, or TV translator relay station of its intent to commence 
operations, as defined in Sec. 27.4 of this chapter, and the likelihood 
of harmful interference from the TV STL, TV relay station, or TV 
translator relay station to those operations within the wireless 
licensee's licensed geographic service area.
    (A) The wireless licensee must:
    (1) Notify the licensee of the TV STL, TV relay station, or TV 
translator relay station in the form of a letter, via certified mail, 
return receipt requested; and
    (2) Send such notification not less than 30 days in advance of the 
approximate date of commencement of such operations.
    (B) The licensee of the TV STL, TV relay station, or TV translator 
relay station must cease the subject operation within 30 days of 
receiving the notification pursuant to this section.
    (iii) By the end of the post-auction transition period, all TV STL, 
TV relay station and TV translator relay station licensees must modify 
or cancel their authorizations and vacate the 600 MHz band. Applications 
for TV STL, TV relay and TV translator relay stations in the 600 MHz 
band will not be accepted for filing on or after the end date for the 
post-auction transition period.
    (6) The licensee of a TV STL, TV relay station, or TV translator 
relay station that operates 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 Middle Class Tax Relief and 
Job Creation Act of 2012 (Pub. L. 112-96) must cease operations on those 
frequencies no later than the end of the post-auction transition period 
as defined in Sec. 27.4 of this chapter. The licensee of a TV STL, TV 
relay station, or TV translator relay station may be required to cease 
operations on a date earlier than the end of the post-auction transition 
period if it receives a notification pursuant to paragraph (h)(5)(ii) of 
this section.
    (i) 6425 to 6525 MHz--Mobile Only. Paired and un-paired operations 
permitted. Use of this spectrum for direct delivery of video programs to 
the general public or multi-channel cable distribution is not permitted. 
This band is co-equally shared with mobile stations licensed pursuant to 
parts 78 and 101 of this chapter. The following channel plans apply.

[[Page 464]]

    (1) 1 MHz maximum authorized bandwidth channels.

------------------------------------------------------------------------
         Transmit (or receive MHz)           Receive (or transmit) (MHz)
------------------------------------------------------------------------
                  6425.5                               6475.5
                  6450.5                               6500.5
------------------------------------------------------------------------

    (2) 8 MHz maximum authorized bandwidth channels.

------------------------------------------------------------------------
         Transmit (or receive MHz)           Receive (or transmit) (MHz)
------------------------------------------------------------------------
                  6430.0                               6480.0
                  6438.0                               6488.0
                  6446.0                               6496.0
                  6455.0                               6505.0
                  6463.0                               6513.0
                  6471.0                               6521.0
------------------------------------------------------------------------

    (3) 25 MHz maximum authorized bandwidth channels.

------------------------------------------------------------------------
         Transmit (or receive MHz)           Receive (or transmit (MHz)
------------------------------------------------------------------------
                  6437.5                               6487.5
                  6462.5                               6512.5
------------------------------------------------------------------------


(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082; 47 U.S.C. 154, 
155, 303)

[28 FR 13718, Dec. 14, 1963]

    Editorial Note: For Federal Register citations affecting Sec. 
74.602, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 74.603  Sound channels.

    (a) The frequencies listed in Sec. 74.602(a) may be used for the 
simultaneous transmission of the picture and sound portions of TV 
broadcast programs and for cue and order circuits, either by means of 
multiplexing or by the use of a separate transmitter within the same 
channel. When multiplexing of a TV STL station is contemplated, 
consideration should be given to the requirements of Sec. 73.687 of 
this Chapter regarding the overall system performance requirements. 
Applications for new TV pickup, TV STL, TV relay and TV translator relay 
stations shall clearly indicate the nature of any mutliplexing proposed. 
Multiplexing equipment may be installed on licensed equipment without 
authority of the FCC, provided the installation of such apparatus on a 
TV STL station shall not result in degradation of the overall system 
performance of the TV broadcast station below that permitted by Sec. 
73.687 of this chapter.
    (b) [Reserved]
    (c) Aural STL or intercity relay stations licensed as of July 10, 
1970, to operate in the frequency band 942-947 MHz, may continue to so 
operate pending a decision as to their disposition through a future rule 
making proceeding.
    (d) Remote pickup broadcast stations may be used in conjunction with 
television pickup stations for the transmission of the aural portion of 
television programs or events that occur outside a television studio and 
for the transmission of cues, orders, and other related communications 
necessary thereto. The rules governing remote pickup broadcast stations 
are contained in Subpart D of this part.

[28 FR 13718, Dec. 14, 1963, as amended at 47 FR 55936, Dec. 14, 1982; 
48 FR 24385, June 1, 1983; 68 FR 12769, Mar. 17, 2003]



Sec. 74.604  Interference avoidance.

    (a) [Reserved]
    (b) Where two or more licensees are assigned a common channel for TV 
pickup, TV STL, or TV relay purposes in the same area and simultaneous 
operation is contemplated, they shall take such steps as may be 
necessary to avoid mutual interference, including consultation with the 
local coordination committee, if one exists. If a mutual agreement to 
this effect cannot be reached, the Commission must be notified and it 
will take such action as may be necessary, including time sharing 
arrangements, to assure an equitable distribution of available 
frequencies.
    (c) For those interference disputes brought to the Commission for 
resolution, TV broadcast auxiliary channels will have the following 
priority for purposes of interference protection:
    (1) All fixed links for full service broadcast stations and cable 
systems.
    (2) TV and CARS pickup stations.
    (3) Fixed or mobile stations serving translator or low power TV 
stations.
    (4) Backup facilities; TV pickup stations used outside a licensee's 
local service area.
    (5) Any transmission, pursuant to Sec. 74.631(f), that does not 
involve the delivery of program material to a licensee's associated TV 
broadcast station.

[[Page 465]]

    (d) Interference between two stations having the same priority shall 
be resolved in favor of the station licensed first on a particular path.

[48 FR 17091, Apr. 21, 1983, as amended at 68 FR 12769, Mar. 17, 2003]



Sec. 74.605  Registration of stationary television pickup receive sites.

    Licensees of TV pickup stations in the 6875-7125 MHz and 12700-13200 
MHz bands shall register their stationary receive sites using the 
Commission's Universal Licensing System.

[76 FR 59571, Sept. 27, 2011]



Sec. 74.631  Permissible service.

    (a) The licensee of a television pickup station authorizes the 
transmission of program material, orders concerning such program 
material, and related communications necessary to the accomplishment of 
such transmissions, from the scenes of events occurring in places other 
than a television studio, to its associated television broadcast 
station, to an associated television relay station, to such other 
stations as are broadcasting the same program material, or to the 
network or networks with which the television broadcast station is 
affiliated. Television pickup stations may be operated in conjunction 
with other television broadcast stations not aformentioned in this 
paragraph: Provided, That the transmissions by the television pickup 
station are under the control of the licensee of the television pickup 
station and that such operation shall not exceed a total of 10 days in 
any 30-day period. Television pickup stations may be used to provide 
temporary studio-transmitter links or intercity relay circuits 
consistent with Sec. 74.632 without further authority of the 
Commission: Provided, however, That prior Commission authority shall be 
obtained if the transmitting antenna to be installed will increase the 
height of any natural formation or man-made structure by more than 6.1 
meters (20 feet) and will be in existence for a period of more than 2 
consecutive days.

    Note: As used in this subpart, ``associated television broadcast 
station'' means a television broadcast station licensed to the licensee 
of the television auxiliary broadcast station and with which the 
television auxiliary station is licensed as an auxiliary facility.

    (b) A television broadcast STL station is authorized to transmit 
visual program material between the studio and the transmitter of a 
television broadcast station for simultaneous or delayed broadcast.
    (c) A TV relay station is authorized to transmit visual program 
material between TV broadcast stations for simultaneous or delayed 
broadcast, or may be used to transmit visual program material from a 
remote pickup receiver site of a single station.
    (d) The transmitter of an STL, TV relay station or TV translator 
relay station may be multiplexed to provide additional communication 
channels. A TV broadcast STL or TV relay station will be authorized only 
in those cases where the principal use is the transmission of television 
broadcast program material for use by its associated TV broadcast 
station. However, STL or TV relay stations so licensed may be operated 
at any time for the transmission of multiplexed communications whether 
or not visual program material is being transmitted, provided that such 
operation does not cause harmful interference to TV broadcast pickup, 
STL or TV relay stations transmitting television broadcast program 
material.
    (e) Except as provided in paragraphs (a), (d), (f) and (j) of this 
section, all program material transmitted over a TV pickup, STL, or TV 
relay station shall be used by or intended for use by a TV broadcast 
station owned by or under the common control of the licensee of the TV 
pickup, STL, or TV relay station. Program material transmitted over a TV 
pickup, STL or TV relay station and so used by the licensee of such 
facility may, with the permission of the licensee of the broadcast 
auxiliary facility, be used by other TV broadcast stations and by non-
broadcast closed circuit educational TV systems operated by educational 
institutions.
    (f) A TV broadcast pickup, STL, or TV relay station may be used for 
the transmission of material to be used by others, including but not 
limited to

[[Page 466]]

other broadcast stations, cable television systems, and educational 
institutions. This use shall not interfere with the use of these 
broadcast auxiliary facilities for the transmission of programs and 
associated material intended to be used by the television station or 
stations licensed to or under common control of the licensee of the TV 
pickup, STL, or TV relay station. This use of the broadcast auxiliary 
facilities must not cause harmful interference to broadcast auxiliary 
stations operating in accordance with the basic frequency allocation, 
and the licensee of the TV pickup, STL, or TV relay station must retain 
exclusive control over the operation of the facilities. Prior to 
operating pursuant to the provisions of this section, the licensee 
shall, for the intended location or area-of-operation, notify the 
appropriate frequency coordination committee or any licensee(s) assigned 
the use of the proposed operating frequency, concerning the particulars 
of the intended operation and must provide the name and telephone number 
of a person who may be contacted in the event of interference.
    (g) Except as provided in paragraph (d) of this section, a 
television translator relay station is authorized for the purpose of 
relaying the programs and signals of a television broadcast station to 
television broadcast translator stations for simultaneous 
retransmission.
    (h) A TV microwave booster station is authorized to retransmit the 
signals of a TV pickup, TV STL, TV relay, or TV translator relay 
station.
    (i) TV broadcast auxiliary stations authorized pursuant to this 
subpart may additionally be authorized to supply programs and signals of 
TV broadcast stations to cable television systems or CARS stations. 
Where the licensee of a TV broadcast auxiliary station supplies programs 
and signals to cable television systems or CARS stations, the TV 
auxiliary licensee must have exclusive control over the operation of the 
TV auxiliary stations licensed to it. Contributions to capital and 
operating expenses may be accepted only on a cost-sharing, non-profit 
basis, prorated on an equitable basis among all parties being supplied 
with program material.
    (j) A broadcast network-entity may use television auxiliary service 
stations to transmit their own television program materials to broadcast 
stations, other broadcast network-entities, cable systems and cable 
network-entities: Provided, however, that the bands 1990-2110 MHz, 6425-
6525 MHz and 6875-7125 MHz may be used by broadcast network-entities 
only for television pick-up stations.

[28 FR 13718, Dec. 14, 1963, as amended at 29 FR 15524, Nov. 19, 1964; 
43 FR 1950, Jan. 13, 1978; 44 FR 32381, June 6, 1979; 47 FR 55937, Dec. 
14, 1982; 48 FR 17092, Apr. 21, 1983; 49 FR 7130, Feb. 27, 1984; 52 FR 
7142, Mar. 9, 1987; 68 FR 12769, Mar. 17, 2003]



Sec. 74.632  Licensing requirements.

    (a) Licenses for television pickup, television STL, television 
microwave booster, or television relay stations will be issued only to 
licensees of television broadcast stations, and broadcast network-
entities and, further, on a secondary basis, to licensees of low power 
television stations. A separate application is required for each fixed 
station and the application shall be specific with regard to the 
frequency requested. A mobile station license may be issued for any 
number of mobile transmitters to operate in a specific area or frequency 
band and the applicant shall be specific with regard to the frequencies 
requested.
    (b) A license for a TV relay station may be issued in any case where 
the circuit will operate between TV broadcast stations either by means 
of ``off-the-air'' pickup and relay or location of the initial relay 
station at the studio or transmitter of a TV broadcast station.
    (c) An application for a new TV pickup station shall designate the 
TV broadcast station with which it is to be operated and specify the 
area in which the proposed operation is intended. The maximum 
permissible area of operation will generally be that of a standard 
metropolitan area, unless a special showing is made that a larger area 
is necessary.
    (d) Licensees who have two or more TV broadcast stations located in 
different cities shall, in applying for a

[[Page 467]]

new TV pickup station, designate the TV broadcast station in conjunction 
with which it is to be operated principally. Operation in a city which 
is not the city of license of the associated TV broadcast station is on 
a secondary, non-interference basis to home-city users.
    (e) A license for a TV translator relay station will be issued only 
to licensees of low power TV and TV translator stations. However, a 
television translator relay station license may be issued to a 
cooperative enterprise wholly owned by licensees of television broadcast 
translators or licensees of television broadcast translators and cable 
television owners or operators upon a showing that the applicant is 
qualified under the Communication Act of 1934, as amended.
    (f) Licensees of TV pickup, TV STL, TV relay, and TV translator 
relay stations may be authorized to operate one or more TV microwave 
booster stations for the purpose of relaying signals over a path that 
cannot be covered with a single station.

[28 FR 13718, Dec. 14, 1963, as amended at 44 FR 32382, June 6, 1979; 47 
FR 55937, Dec. 14, 1982; 48 FR 9012, Mar. 3, 1983; 48 FR 17092, Apr. 21, 
1983; 48 FR 21486, May 12, 1983; 49 FR 7130, Feb. 27, 1984; 49 FR 10930, 
Mar. 23, 1984; 52 FR 7142, Mar. 9, 1987; 58 FR 19775, Apr. 16, 1993; 63 
FR 36605, July 7, 1998; 68 FR 12769, Mar. 17, 2003; 82 FR 41548, Sept. 
1, 2017]



Sec. 74.633  Temporary authorizations.

    (a) Special temporary authority may be granted for TV broadcast 
auxiliary station operation which cannot be conducted in accordance with 
Sec. 74.24. Such authority will normally be granted only for operations 
of a temporary nature. Where operation is seen as likely on a continuing 
annual basis, an application for a regular authorization should be 
submitted.
    (b) A request for special temporary authority for the operation of a 
television broadcast auxiliary station must be made in accordance with 
the procedures of Sec. 1.931(b) of this chapter.
    (c) All requests for special temporary authority of a television 
broadcast auxiliary station must include full particulars including: 
licensee's name and address, facility identification number of the 
associated broadcast station(s) (if any), call letters of the television 
broadcast STL or intercity relay station (if assigned), type and 
manufacturer of equipment, effective isotropic radiated power, emission, 
frequency or frequencies proposed for use, commencement and termination 
date and location of the proposed operation, and purpose for which 
request is made including any particular justification.
    (d) A request for special temporary authority shall specify a 
channel or channels consistent with the provisions of Sec. 74.602: 
Provided, That in the case of events of wide-spread interest and 
importance which cannot be transmitted successfully on these 
frequencies, frequencies assigned to other services may be requested 
upon a showing that operation thereon will not cause interference to 
established stations: And provided further, That in no case will a 
television auxiliary broadcast operation be authorized on frequencies 
employed for the safety of life and property.
    (e) When the transmitting equipment utilized is not licensed to the 
user, the user shall nevertheless have full control over the use of the 
equipment during the period it is operated.
    (f) Special temporary authority to permit operation of a TV 
auxiliary broadcast station of any class pending FCC action on an 
application for regular authority will not normally be granted.

(Sec. 318, 48 Stat. 1089, as amended; 47 U.S.C. 318)

[28 FR 13720, Dec. 14, 1963, as amended at 47 FR 9221, Mar. 4, 1982; 47 
FR 55937, Dec. 14, 1982; 50 FR 23710, June 5, 1985; 52 FR 10570, Apr. 2, 
1987; 58 FR 19775, Apr. 16, 1993; 68 FR 12769, Mar. 17, 2003]



Sec. 74.634  Remote control operation.

    (a) A TV auxiliary station may be operated by remote control 
provided that such operation is conducted in accordance with the 
conditions listed below:
    (1) The remote control system must be designed, installed, and 
protected so that the transmitter can only be activated or controlled by 
persons authorized by the licensee.
    (2) The remote control equipment must be maintained to ensure proper 
operation.

[[Page 468]]

    (3) The remote control system must be designed to prevent 
inadvertent transmitter operation caused by malfunctions in the circuits 
between the control point and transmitter.
    (b) The FCC may notify the licensee to cease or modify operation in 
the case of frequency usage disputes. interference or similar situations 
where such action appears to be in the public interest, convenience and 
necessity.

[28 FR 13718, Dec. 14, 1963, as amended at, 47 FR 55937, Dec. 14, 1982; 
50 FR 48600, Nov. 26, 1985; 60 FR 55483, Nov. 1, 1995]



Sec. 74.635  Unattended operation.

    (a) TV relay stations, TV translator relay stations, TV STL 
stations, and TV microwave booster stations may be operated unattended 
under the following conditions:
    (1) The transmitter must be provided with adequate safeguards to 
prevent improper operation.
    (2) The transmitter shall be so installed and protected that it is 
not accessible to other than duly authorized persons;
    (3) TV relay stations, TV STL stations, TV translator relay 
stations, and TV microwave booster stations used with these stations, 
shall be observed at the receiving end of the microwave circuit as often 
as necessary to ensure proper station operation by a person designated 
by the licensee, who must institute measures sufficient to ensure prompt 
correction of any condition of improper operation. However, an STL 
station (and any TV microwave booster station) associated with a TV 
broadcast station operated by remote control may be observed by 
monitoring the TV station's transmitted signal at the remote control 
point. Additionally, a TV translator relay station (and any associated 
TV microwave booster station) may be observed by monitoring the 
associated TV translator station's transmitted signal.
    (b) The FCC may notify the licensee to cease or modify operation in 
the case of frequency usage disputes, interference or similar situations 
where such action appears to be in the public interest, convenience and 
necessity.

[28 FR 13718, Dec. 14, 1963, as amended at 31 FR 15314, Dec. 7, 1966; 43 
FR 1950, Jan. 13, 1978; 47 FR 55937, Dec. 14, 1982; 49 FR 7131, Feb. 27, 
1984; 50 FR 32417, Aug. 12, 1985]



Sec. 74.636  Power limitations.

    (a) On any authorized frequency, transmitter peak output power and 
the average power delivered to an antenna in this service must be the 
minimum amount of power necessary to carry out the communications 
desired and shall not exceed the values listed in the following table. 
Application of this principle includes, but is not to be limited to, 
requiring a licensee who replaces one or more of its antennas with 
larger antennas to reduce its antenna input power by an amount 
appropriate to compensate for the increased primary lobe gain of the 
replacement antenna(s). In no event shall the average equivalent 
isotropically radiated power (EIRP), as referenced to an isotropic 
radiator, exceed the values specified in the following table. In cases 
of harmful interference, the Commission may, after notice and 
opportunity for hearing, order a change in the effective radiated power 
of this station. The table follows:

------------------------------------------------------------------------
                                               Maximum        Maximum
                                              allowable   allowable EIRP
                                             transmitter        \2\
            Frequency band (MHz)                power    ---------------
                                            -------------  Fixed  Mobile
                                              Mobile (W)   (dBW)   (dBW)
------------------------------------------------------------------------
2,025 to 2,110.............................       12.0      + 45    + 35
2,450 to 2,483.5...........................       12.0      + 45    + 35
6,425 to 6,525.............................       12.0    ......    + 35
6,875 to 7,125.............................       12.0      + 55    + 35
12,700 to 13,250...........................        1.5      + 55    + 45
17,700 to 18,600...........................  ...........    + 55  ......
18,600 to 18,800 \1\.......................  ...........    + 35  ......
18,800 to 19,700...........................  ...........    + 55  ......
------------------------------------------------------------------------
\1\ The power delivered to the antenna is limited to -3 dBW.
\2\ Stations licensed based on an application filed before April 16,
  2003, for EIRP values exceeding those specified above, may continue to
  operate indefinitely in accordance with the terms of their current
  authorizations, subject to periodic renewal.

    (b) The EIRP of transmitters that use Automatic Transmitter Power 
Control (ATPC) shall not exceed the EIRP specified on the station 
authorization. The EIRP of non-ATPC transmitters

[[Page 469]]

shall be maintained as near as practicable to the EIRP specified on the 
station authorization.

[68 FR 12769, Mar. 17, 2003]



Sec. 74.637  Emissions and emission limitations.

    (a) The mean power of emissions shall be attenuated below the mean 
transmitter power (PMEAN) in accordance with the following 
schedule:
    (1) When using frequency modulation:
    (i) On any frequency removed from the assigned (center) frequency by 
more than 50% up to and including 100% of the authorized bandwidth: At 
least 25 dB in any 100 kHz reference bandwidth (BREF);
    (ii) On any frequency removed from the assigned (center) frequency 
by more than 100% up to and including 250% of the authorized bandwidth: 
At least 35 dB in any 100 kHz reference bandwidth;
    (iii) On any frequency removed from the assigned (center) frequency 
by more than 250% of the authorized bandwidth: At least 43 + 10 
log10 (PMEAN in watts) dB, or 80 dB, whichever is 
the lesser attenuation, in any 100 kHz reference bandwidth.
    (2) When using transmissions employing digital modulation 
techniques:
    (i) For operating frequencies below 15 GHz, in any 4 kHz reference 
bandwidth (BREF), the center frequency of which is removed 
from the assigned frequency by more than 50 percent up to and including 
250 percent of the authorized bandwidth: As specified by the following 
equation but in no event less than 50 decibels:

A = 35 + 0.8 (G - 50) + 10 Log10 B.

(Attenuation greater than 80 decibels is not required.)

Where:

A = Attenuation (in decibels) below the mean output power level.
G = Percent removed from the carrier frequency.
B = Authorized bandwidth in megahertz.

    (ii) For operating frequencies above 15 GHz, in any 1 MHz reference 
bandwidth (BREF), the center frequency of which is removed 
from the assigned frequency by more than 50 percent up to and including 
250 percent of the authorized bandwidth: As specified by the following 
equation but in no event less than 11 decibels:

A = 11 + 0.4 (G-50) + 10 Log10 B.

(Attenuation greater than 56 decibels is not required.)

    (iii) In any 4 kHz reference bandwidth (BREF), the center 
frequency of which is removed from the assigned frequency by more than 
250 percent of the authorized bandwidth: At least 43 + 10 
Log10 (PMEAN in watts) decibels, or 80 decibels, 
whichever is the lesser attenuation.
    (3) Amplitude Modulation. For vestigial sideband AM video: On any 
frequency removed from the center frequency of the authorized band by 
more than 50%: at least 50 dB below peak power of the emission.
    (b) For all emissions not covered in paragraph (a) of this section, 
the peak power of emissions shall be attenuated below the peak envelope 
transmitter power (PPEAK) in accordance with the following 
schedule:
    (1) On any frequency 500 Hz inside the channel edge up to and 
including 2500 Hz outside the same edge, the following formula will 
apply:

A = 29 Log10 [(25/11)[(D + 2.5 - (W/2)]\2\] dB

(Attenuation greater than 50 decibels is not required.)

Where:

A = Attenuation (in dB) below the peak envelope transmitter power.
D = The displacement frequency (kHz) from the center of the authorized 
          bandwidth.
W = the channel bandwidth (kHz).

    (2) On any frequency removed from the channel edge by more than 2500 
Hz: At least 43 + 10 Log10 (PPEAK in watts) dB.
    (c) For purposes of compliance with the emission limitation 
requirements of this section:
    (1) If the transmitter modulates a single carrier, digital 
modulation techniques are considered as being employed when digital 
modulation occupies 50 percent or more of the total peak frequency 
deviation of a transmitted radio frequency carrier. The total peak 
frequency deviation will be determined by adding the deviation

[[Page 470]]

produced by the digital modulation signal and the deviation produced by 
any frequency division multiplex (FDM) modulation used. The deviation 
(D) produced by the FDM signal must be determined in accordance with 
Sec. 2.202(f) of this chapter.
    (2) If the transmitter modulates two or more carriers, with at least 
one using digital modulation and one using frequency or other analog 
modulation, digital modulation techniques are considered as being 
employed when the necessary bandwidth of the digital signal(s) is 50 
percent or more of the aggregate bandwidth of the system, comprising the 
digital necessary bandwidth(s), the analog necessary bandwidth(s), and 
any bandwidth(s) between the digital and analog necessary bandwidths. In 
this case, the aggregate bandwidth shall be used for the authorized 
bandwidth (B) in paragraph (a) of this section, and for purposes of 
compliance with the bandwidth limitations in paragraph (g) of this 
section and in Sec. 74.602 of this subpart; and the sum of the powers 
of the analog and digital signals shall be used for mean transmitter 
power (PMEAN) in paragraph (a) or the peak envelope 
transmitter power (PPEAK) in paragraph (b) of this section, 
and for purposes of compliance with the power limitations in Sec. 
74.636 of this subpart.
    (3) For demonstrating compliance with the attenuation requirements 
for frequency modulation and digital modulation in paragraph (a) of this 
section, the resolution bandwidth (BRES) of the measuring 
equipment used for measurements removed from the center frequency by 
more than 250 percent of the authorized bandwidth shall be 100 kHz for 
operating frequencies below 1 GHz, and 1 MHz for operating frequencies 
above 1 GHz. The resolution bandwidth for frequencies removed from the 
center frequency by less than 250 percent of the authorized bandwidth 
shall be the reference bandwidth (BREF) specified in the 
individual emission limitations, but may be reduced to not less than one 
percent of the authorized bandwidth (B), adjusted upward to the nearest 
greater resolution bandwidth available on the measuring equipment. In 
all cases, if BRES and BREF are not equal, then 
the attenuation requirement must be increased (or decreased) as 
determined by a factor of 10 log10 [(BREF in 
megahertz)/(BRES in megahertz)] decibels, where a positive 
factor indicates an increase in the attenuation requirement and a 
negative factor indicates a decrease in the attenuation requirement.
    (4) Stations licensed pursuant to an application filed before March 
17, 2005, using equipment not conforming with the emission limitations 
specified above, may continue to operate indefinitely in accordance with 
the terms of their current authorizations, subject to periodic renewal. 
Existing equipment and equipment of product lines in production before 
April 16, 2003, authorized via certification or Declaration of 
Conformity before March 17, 2005, for equipment not conforming to the 
emission limitations requirements specified above, may continue to be 
manufactured and/or marketed, but may not be authorized for use under a 
station license except at stations licensed pursuant to an application 
filed before March 17, 2005. Any non-conforming equipment authorized 
under a station license, and replaced on or after March 17, 2005, must 
be replaced by conforming equipment.
    Note 1 to paragraph (c)(4): The Declaration of Conformity procedure 
has been replaced by Supplier's Declaration of Conformity. See Sec. 
2.950 of this chapter.
    (d) In the event that interference to other stations is caused by 
emissions outside the authorized channel, the FCC may require greater 
attenuation than that specified in paragraph (b) of this section.
    (e) The following limitations also apply to the operation of TV 
microwave booster stations:
    (1) The booster station must receive and amplify the signals of the 
originating station and retransmit them on the same frequency without 
significantly altering them in any way. The characteristics of the 
booster transmitter output signal shall meet the requirements applicable 
to the signal of the originating station.
    (2) The licensee is responsible for correcting any condition of 
interference that results from the radiation of radio frequency energy 
outside the assigned channel. Upon notice by the FCC to the station 
licensee that interference is

[[Page 471]]

being caused, operation of the apparatus must be immediately suspended 
and may not be resumed until the interference has been eliminated or it 
can be demonstrated that the interference is not due to spurious 
emissions. However, short term test transmissions may be made during the 
period of suspended operation to determine the efficacy of remedial 
measures.
    (3) In each instance where suspension of operation is required, the 
licensee must submit a full report to the FCC after operation is 
resumed. The report must contain details of the nature of the 
interference, the source of interfering signals, and the remedial steps 
taken to eliminate the interference.
    (f) In the event a station's emissions outside its authorized 
channel cause harmful interference, the Commission may require the 
licensee to take such further steps as may be necessary to eliminate the 
interference.
    (g) The maximum bandwidth which will be authorized per frequency 
assignment is set out in the table which follows. Regardless of the 
maximum authorized bandwidth specified for each frequency band, the 
Commission reserves the right to issue a license for less than the 
maximum bandwidth if it appears that less bandwidth would be sufficient 
to support an applicant's intended communications.

                        Table 1 to Paragraph (g)
------------------------------------------------------------------------
                                            Maximum authorized bandwidth
           Frequency Band (MHz)                         (MHz)
------------------------------------------------------------------------
1,990 to 2,110............................  18
6,425 to 6,525............................  25
6,875 to 7,125............................  25
12,700 to 13,250..........................  25
17,700 to 19,700..........................  80
------------------------------------------------------------------------


[45 FR 78692, Nov. 26, 1980, as amended at 48 FR 50734, Nov. 3, 1983; 49 
FR 7131, Feb. 27, 1984; 49 FR 37778, Sept. 26, 1984; 50 FR 7342, Feb. 
22, 1985; 50 FR 34150, Aug. 23, 1985; 50 FR 48600, Nov. 26, 1985; 52 FR 
7142, Mar. 9, 1987; 58 FR 51251, Oct. 1, 1993; 68 FR 12769, Mar. 17, 
2003; 82 FR 50836, Nov. 2, 2017]



Sec. 74.638  Frequency coordination.

    (a) Coordination of all frequency assignments for fixed stations in 
all bands above 2110 MHz, and for mobile (temporary fixed) stations in 
the bands 6425-6525 MHz and 17.7-19.7 GHz, will be in accordance with 
the procedure established in paragraph (b) of this section, except that 
the prior coordination process for mobile (temporary fixed) assignments 
may be completed orally and the period allowed for response to a 
coordination notification may be less than 30 days if the parties agree. 
Coordination of all frequency assignments for all mobile (temporary 
fixed) stations in all bands above 2110 MHz, except the bands 6425-6525 
MHz and 17.7-19.7 GHz, will be conducted in accordance with the 
procedure established in paragraph (b) of this section or with the 
procedure in paragraph (d) of this section. Coordination of all 
frequency assignments for all fixed stations in the band 1990-2110 MHz 
will be in accordance with the procedure established in paragraph (c) of 
this section. Coordination of all frequency assignments for all mobile 
(temporary fixed) stations in the band 1990-2110 MHz will be conducted 
in accordance with the procedure in paragraph (d) of this section.
    (b) For each frequency coordinated under this paragraph, the 
interference protection criteria in 47 CFR 101.105(a), (b), and (c) and 
the frequency usage coordination procedures in 47 CFR 101.103(d) will 
apply.
    (c) For each frequency coordinated under this paragraph, the 
following frequency usage coordination procedures will apply:
    (1) General requirements. Applicants are responsible for selecting 
the frequency assignments that are least likely to result in mutual 
interference with other licensees in the same area. Applicants may 
consult local frequency coordination committees, where they exist, for 
information on frequencies available in the area. Proposed frequency 
usage must be coordinated with existing licensees and applicants in the 
area whose facilities could affect or be affected by the new proposal in 
terms of frequency interference on active channels, applied-for 
channels, or channels coordinated for future growth. Coordination must 
be completed prior to filing an application for regular authorization, 
for major amendment to a pending application, or for major modification 
to a license.

[[Page 472]]

    (2) To be acceptable for filing, all applications for regular 
authorization, or major amendment to a pending application, or major 
modification to a license, must include a certification attesting that 
all co-channel and adjacent-channel licensees and applicants potentially 
affected by the proposed fixed use of the frequency(ies) have been 
notified and are in agreement that the proposed facilities can be 
installed without causing harmful interference to those other licensees 
and applicants.
    (d) For each frequency coordinated under this paragraph, applicants 
are responsible for selecting the frequency assignments that are least 
likely to result in mutual interference with other licensees in the same 
area. Applicants may consult local frequency coordination committees, 
where they exist, for information on frequencies available in the area. 
In selecting frequencies, consideration should be given to the relative 
location of receive points, normal transmission paths, and the nature of 
the contemplated operation.

[68 FR 12770, Mar. 17, 2003, as amended at 75 FR 17061, Apr. 5, 2010]



Sec. 74.641  Antenna systems.

    (a) For fixed stations operating above 2025 MHz, the following 
standards apply:
    (1) Fixed TV broadcast auxiliary stations shall use directional 
antennas that meet the performance standards indicated in the following 
table. Upon adequate showing of need to serve a larger sector, or more 
than a single sector, greater beamwidth or multiple antennas may be 
authorized. Applicants shall request, and authorization for stations in 
this service will specify, the polarization of each transmitted signal. 
Booster station antennas having narrower beamwidths and reduced sidelobe 
radiation may be required in congested areas, or to resolve interference 
problems.
    (i) Stations must employ an antenna that meets the performance 
standards for Category B. In areas subject to frequency congestion, 
where proposed facilities would be precluded by continued use of a 
Category B antenna, a Category A antenna must be employed. The 
Commission may require the use of a high performance antenna where 
interference problems can be resolved by the use of such antennas.
    (ii) Licensees shall comply with the antenna standards table shown 
in this paragraph in the following manner:
    (A) With either the maximum beamwith to 3 dB points requirement or 
with the minimum antenna gain requirement; and
    (B) With the minimum radiation suppression to angle requirement.

                                                                    Antenna Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Maximum                   Minimum radiation suppression to angle in degrees from
                                                                  beamwidth                            centerline of main beam in decibels
                                                                   to 3 dB    Minimum  -----------------------------------------------------------------
                                                                    points    antenna
                   Frequency (MHz)                      Category     \1\        gain     5[deg]  10[deg]  15[deg]  20[deg]   30[deg]  100[deg]  140[deg]
                                                                  (included    (dbi)       to       to       to       to       to        to        to
                                                                   angle in             10[deg]  15[deg]  20[deg]  30[deg]  100[deg]  140[deg]  180[deg]
                                                                   degrees)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1,990 to 2,110.......................................          A        5.0        n/a      12       18       22       25        29        33        39
                                                               B        8.0        n/a       5       18       20       20        25        28        36
6,875 to 7,125.......................................          A        1.5        n/a      26       29       32       34        38        41        49
                                                               B        2.0        n/a      21       25       29       32        35        39        45
12,700 to 13,250.....................................          A        1.0        n/a      23       28       35       39        41        42        50
                                                               B        2.0        n/a      20       25       28       30        32        37        47
17,700 to 19,700.....................................          A        2.2         38      25       29       33       36        42        55        55
                                                               B        2.2         38      20       24       28       32        35        36        36
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If a licensee chooses to show compliance using maximum beamwith to 3 dB points, the beamwidth limit shall apply in both the azimuth and the
  elevation planes.

    (2) New periscope antenna systems will be authorized upon a 
certification that the radiation, in a horizontal plane, from an 
illuminating antenna and reflector combination meets or exceeds the 
antenna standards of this section. This provision similarly applies to 
passive repeaters employed to

[[Page 473]]

redirect or repeat the signal from a station's directional antenna 
system.
    (3) The choice of receiving antennas is left to the discretion of 
the licensee. However, licensees will not be protected from interference 
which results from the use of antennas with poorer performance than 
identified in the table of this section.
    (4) [Reserved]
    (5) Pickup stations are not subject to the performance standards 
herein stated.
    (b) All fixed stations are to use antenna systems in conformance 
with the standards of this section. TV auxiliary broadcast stations are 
considered to be located in an area subject to frequency congestion and 
must employ a Category A antenna when:
    (1) A showing by an applicant of a new TV auxiliary broadcast 
station or Cable Television Relay Service (CARS) station, which shares 
the 12.7-13.20 GHz band with TV auxiliary broadcast, indicates that use 
of a category B antenna limits a proposed project because of 
interference, and
    (2) That use of a category A antenna will remedy the interference 
thus allowing the project to be realized.
    (c) As an exception to the provisions of this section, the FCC may 
approve requests for use of periscope antenna systems where a persuasive 
showing is made that no frequency conflicts exist in the area of 
proposed use. Such approvals shall be conditioned to a standard antenna 
as required in paragraph (a) of this section when an applicant of a new 
TV auxiliary broadcast or Cable Television Relay station indicates that 
the use of the existing antenna system will cause interference and the 
use of a category A or B antenna will remedy the interference.
    (d) As a further exception to the provision of paragraph (a) of this 
section, the Commission may approve antenna systems not conforming to 
the technical standards where a persuasive showing is made that:
    (1) Indicates in detail why an antenna system complying with the 
requirements of paragraph (a) of this section cannot be installed, and
    (2) Includes a statement indicating that frequency coordination as 
required in Sec. 74.604 (a) was accomplished.

[45 FR 78693, Nov. 26, 1980, as amended at 49 FR 7131, Feb. 27, 1984; 49 
FR 37778, Sept. 26, 1984; 50 FR 7342, Feb. 22, 1985; 51 FR 19840, June 
3, 1986; 52 FR 7143, Mar. 9, 1987; 55 FR 11587, Mar. 29, 1990; 56 FR 
50663, Oct. 8, 1991; 62 FR 4922, Feb. 3, 1997; 68 FR 12771, Mar. 17, 
2003]



Sec. 74.643  Interference to geostationary-satellites.

    Applicants and licensees must comply with Sec. 101.145 of this 
chapter to minimize the potential of interference to geostationary-
satellites.

[68 FR 12771, Mar. 17, 2003]



Sec. 74.644  Minimum path lengths for fixed links.

    (a) The distance between end points of a fixed link must equal or 
exceed the value set forth in the table below or the EIRP must be 
reduced in accordance with the equation set forth below.

------------------------------------------------------------------------
                                                                Minimum
                                                                  path
                     Frequency band (MHz)                        length
                                                                  (km)
------------------------------------------------------------------------
Below 1,990..................................................        n/a
1,990-7,125..................................................         17
12,200-13,250................................................          5
Above 17,700.................................................        n/a
------------------------------------------------------------------------

    (b) For paths shorter than those specified in the Table, the EIRP 
shall not exceed the value derived from the following equation.

EIRP = MAXEIRP-40 log(A/B) dBW

Where:

EIRP = The new maximum EIRP (equivalent isotropically radiated power) in 
          dBW.
MAXEIRP = Maximum EIRP as set forth in the Table in Sec. 74.636 of this 
          part.
A = Minimum path length from the Table above for the frequency band in 
          kilometers.
B = The actual path length in kilometers.

    Note 1 to paragraph (b): For transmitters using Automatic 
Transmitter Power Control, EIRP corresponds to the maximum transmitter 
power available, not the coordinated transmit power or the nominal 
transmit power.
    Note 2 to paragraph (b): Stations licensed based on an application 
filed before April 16, 2003, in the 2450-2483.5 MHz band, for EIRP 
values exceeding those specified above, may

[[Page 474]]

continue to operate indefinitely in accordance with the terms of their 
current authorizations, subject to periodic renewal.

    (c) Upon an appropriate technical showing, applicants and licensees 
unable to meet the minimum path length requirement may be granted an 
exception to these requirements.

    Note: Links authorized prior to April 1, 1987, are excluded from 
this requirement, except that, effective April 1, 1992, the Commission 
will require compliance with the criteria where an existing link would 
otherwise preclude establishment of a new link.

[52 FR 7143, Mar. 9, 1987, as amended at 68 FR 12771, Mar. 17, 2003]



Sec. 74.651  Equipment changes.

    (a) Modifications may be made to an existing authorization in 
accordance with Sec. Sec. 1.929 and 1.947 of this chapter.
    (b) Multiplexing equipment may be installed on any licensed TV 
broadcast STL, TV relay or translator relay station without authority 
from the Commission.
    (c) Permissible changes in equipment operating in the bands 18.3-
18.58 GHz and 19.26-19.3 GHz. Notwithstanding other provisions of this 
section, licensees of stations that remain co-primary under the 
provisions of Sec. 74.602(g) may not make modifications to their 
systems that increase interference to satellite earth stations, or 
result in a facility that would be more costly to relocate.

[28 FR 13718, Dec. 14, 1963, as amended at 38 FR 6827, Mar. 13, 1973; 47 
FR 55938, Dec. 14, 1982; 49 FR 7131, Feb. 27, 1984; 58 FR 19776, Apr. 
16, 1993; 61 FR 4368, Feb. 6, 1996; 63 FR 36605, July 7, 1998; 65 FR 
54173, Sept. 7, 2000; 68 FR 12771, Mar. 17, 2003; 68 FR 16967, Apr. 8, 
2003]



Sec. 74.655  Authorization of equipment.

    (a) Except as provided in paragraph (b) of this section, all 
transmitting equipment first marketed for use under this subpart or 
placed into service after October 1, 1981, must be authorized under the 
certification procedure or Declaration of Conformity procedure, as 
detailed in paragraph (f) of this section. Equipment which is used at a 
station licensed prior to October 1, 1985, which has not been authorized 
as detailed in paragraph (f) of this section, may continue to be used by 
the licensee or its successors or assignees, provided that if operation 
of such equipment causes harmful interference due to its failure to 
comply with the technical standards set forth in this subpart, the FCC 
may, at its discretion, require the licensee to take such corrective 
action as is necessary to eliminate the interference. However, such 
equipment may not be further marketed or reused under part 74 after 
October 1, 1985.
    Note 1 to paragraph (a): The verification procedure has been 
replaced by Supplier's Declaration of Conformity. Equipment previously 
authorized under subpart J of part 2 of this chapter may remain in use. 
See Sec. 2.950 of this chapter.
    (b) Certification or Supplier's Declaration of Conformity is not 
required for transmitters used in conjunction with TV pickup stations 
operating with a peak output power not greater than 250 mW. Pickup 
stations operating in excess of 250 mW licensed pursuant to applications 
accepted for filing prior to October 1, 1980 may continue operation 
subject to periodic renewal. If operation of such equipment causes 
harmful interference the FCC may, at its discretion, require the 
licensee to take such corrective action as is necessary to eliminate the 
interference.
    (c) The license of a TV auxiliary station may replace transmitting 
equipment with authorized equipment, as detailed under paragraph (f) of 
this section, without prior FCC approval, provided the proposed changes 
will not depart from any of the terms of the station or system 
authorization or the Commission's technical rules governing this 
service, and also provided that any changes made to authorized 
transmitting equipment is in compliance with the provisions of part 2 of 
this chapter concerning modifications to authorized equipment.
    (d) Any manufacturer of a transmitter to be used in this service may 
authorize the equipment under the certification or Supplier's 
Declaration of Conformity procedures, as appropriate, following the 
procedures set forth in subpart J of part 2 of this chapter.
    (e) An applicant for a TV broadcast auxiliary station may also 
authorize an individual transmitter, as specified

[[Page 475]]

in paragraph (f) of this section, by following the procedures set forth 
in subpart J of part 2 of this chapter.
    (f) Transmitters designed to be used exclusively for a TV STL 
station, a TV intercity relay station, a TV translator relay station, or 
a TV microwave booster station, shall be authorized under Supplier's 
Declaration of Conformity. All other transmitters will be authorized 
under the certification procedure.

[63 FR 36605, July 7, 1998, as amended at 68 FR 12772, Mar. 17, 2003; 82 
FR 50836, Nov. 2, 2017]



Sec. 74.661  Frequency tolerance.

    Stations in this service shall maintain the carrier frequency of 
each authorized transmitter to within the following percentage of the 
assigned frequency.

                        Table 1 to Sec. 74.661
------------------------------------------------------------------------
                                                              Frequency
                    Frequency band (MHz)                      tolerance
                                                                 (%)
------------------------------------------------------------------------
2,025 to 2,110.............................................    \1\ 0.005
2,450 to 2,483.5...........................................    \2\ 0.001
6,425 to 6,525.............................................        0.005
6,875 to 7,125.............................................    \1\ 0.005
12,700 to 13,250...........................................    \1\ 0.005
17,700 to 18,820...........................................        0.003
18,920 to 19,700...........................................       0.003
------------------------------------------------------------------------
\1\ Television translator relay stations shall maintain a frequency
  tolerance of 0.002%.
\2\ Stations licensed pursuant to an application filed before March 17,
  2005, for tolerance values exceeding those specified above, may
  continue to operate indefinitely in accordance with the terms of their
  current authorizations, subject to periodic renewal. Existing
  equipment and equipment of product lines in production before April
  16, 2003, authorized via certification or Declaration of Conformity
  before March 17, 2005, for tolerance values exceeding those specified
  above, may continue to be manufactured and/or marketed, but may not be
  authorized for use under station license except at stations licensed
  pursuant to an application filed before March 17, 2005. Any non-
  conforming equipment authorized under a station license, and replaced
  on or after March 17, 2005, must be replaced by conforming equipment.

    Note 1 to Sec. 74.661: The Declaration of Conformity procedure has 
been replaced by Supplier's Declaration of Conformity. See Sec. 2.950 
of this chapter.

[52 FR 7143, Mar. 9, 1987, as amended at 68 FR 12772, Mar. 17, 2003; 82 
FR 50836, Nov. 2, 2017]



Sec. 74.662  Frequency monitors and measurements.

    The licensee of a television broadcast auxiliary station must 
provide means for measuring the operating frequency in order to ensure 
that the emissions are confined to the authorized channel.

[48 FR 38482, Aug. 24, 1983]



Sec. 74.663  Modulation limits.

    If amplitude modulation is employed, negative modulation peaks shall 
not exceed 100%.

[45 FR 78694, Nov. 26, 1980]



Sec. 74.682  Station identification.

    (a) Each television broadcast auxiliary station operating with a 
transmitter output power of 1 watt or more must, when actually 
transmitting programs, transmit station identification at the beginning 
and end of each period of operation, and hourly, as close to the hour as 
feasible, at a natural break in program offerings by one of the 
following means:
    (1) Transmission of its own call sign by visual or aural means or by 
automatic transmission in international Morse telegraphy.
    (2) Visual or aural transmission of the call sign of the TV 
broadcast station with which it is licensed as an auxiliary.
    (3) Visual or aural transmission of the call sign of the TV 
broadcast station whose signals are being relayed or, where programs are 
obtained directly from network lines and relayed, the network 
identification.
    (b) Identification transmissions during operation need not be made 
when to make such transmission would interrupt a single consecutive 
speech, play, religious service, symphony concert, or any type of 
production. In such cases, the identification transmission shall be made 
at the first interruption of the entertainment continuity and at the 
conclusion thereof.
    (c) During occasions when a television pickup station is being used 
to deliver program material for network distribution it may transmit the 
network identification in lieu of its own or associated TV station call 
sign during the actual program pickup. However, if it is providing the 
network feed

[[Page 476]]

through its own associated TV broadcast station it shall perform the 
station identification required by paragraph (a) of this section at the 
beginning and end of each period of operation.
    (d) A period of operation is defined as a single uninterrupted 
transmission or a series of intermittent transmissions from a single 
location or continuous or intermittent transmission from a television 
pickup station covering a single event from various locations, within a 
single broadcast day.
    (e) Regardless of the method used for station identification it 
shall be performed in a manner conducive to prompt association of the 
signal source with the responsible licensee. In exercising the 
discretion provided by this rule, licensees are expected to act in a 
responsible manner to assure that result.
    (f) TV microwave boosters stations will be assigned individual call 
signs. However, station identification will be accomplished by the 
retransmission of identification as provided in paragraph (a) of this 
section.

[31 FR 15488, Dec. 8, 1966; 32 FR 452, Jan. 17, 1967, as amended at 42 
FR 36830, July 18, 1977; 43 FR 1951, Jan. 13, 1978; 44 FR 36041, June 
20, 1979; 49 FR 7131, Feb. 27, 1984]



Sec. 74.690  Transition of the 1990-2025 MHz band from the Broadcast Auxiliary Service to emerging technologies.

    (a) New Entrants are collectively defined as those licensees 
proposing to use emerging technologies to implement Mobile Satellite 
Services in the 2000-2020 MHz band (MSS licensees), those licensees 
authorized after July 1, 2004 to implement new Fixed and Mobile services 
in the 1990-1995 MHz band, and those licensees authorized after 
September 9, 2004 in the 1995-2000 MHz and 2020-2025 MHz bands. New 
entrants may negotiate with Broadcast Auxiliary Service licensees 
operating on a primary basis and fixed service licensees operating on a 
primary basis in the 1990-2025 MHz band (Existing Licensees) for the 
purpose of agreeing to terms under which the Existing Licensees would 
relocate their operations to the 2025-2110 MHz band, to other authorized 
bands, or to other media; or, alternatively, would discontinue use of 
the 1990-2025 MHz band. New licensees in the 1995-2000 MHz and 2020-2025 
MHz bands are subject to the specific relocation procedures adopted in 
WT Docket 04-356.
    (b) An Existing Licensee in the 1990-2025 MHz band allocated for 
licensed emerging technology services will maintain primary status in 
the band until the Existing Licensee's operations are relocated by a New 
Entrant, are discontinued under the terms of paragraph (a) of this 
section, or become secondary under the terms of paragraph (e)(6) of this 
section or the Existing Licensee indicates to a New Entrant that it 
declines to be relocated.
    (c) The Commission will amend the operating license of the Existing 
Licensee to secondary status only if the following requirements are met:
    (1) The service applicant, provider, licensee, or representative 
using an emerging technology guarantees payment of all relocation costs, 
including all engineering, equipment, site and FCC fees, as well as any 
reasonable additional costs that the relocated Existing Licensee might 
incur as a result of operation in another authorized band or migration 
to another medium;
    (2) The New Entrant completes all activities necessary for 
implementing the replacement facilities, including engineering and cost 
analysis of the relocation procedure and, if radio facilities are used, 
identifying and obtaining, on the incumbents' behalf, new microwave or 
Local Television Transmission Service frequencies and frequency 
coordination.
    (3) The New Entrant builds the replacement system and tests it for 
comparability with the existing system.
    (d) The Existing Licensee is not required to relocate until the 
alternative facilities are available to it for a reasonable time to make 
adjustments, determine comparability, and ensure a seamless handoff. If, 
within one year after the relocation to new facilities the Existing 
Licensee demonstrates that the new facilities are not comparable to the 
former facilities, the New Entrant must remedy the defects.

[[Page 477]]

    (e) Subject to the terms of this paragraph (e), the relocation of 
Existing Licensees will be carried out by MSS licensees in the following 
manner:
    (1) Existing Licensees and MSS licensees may negotiate individually 
or collectively for relocation of Existing Licensees to one of the 
channel plans specified in Sec. 74.602(a)(3) of this chapter. Parties 
may not decline to negotiate, though Existing Licensees may decline to 
be relocated.
    (i) MSS licensees may relocate all Existing Licensees in Nielsen 
Designated Market Areas (DMAs) 1-30, as such DMAs existed on September 
6, 2000, and all fixed stations operating in the 1990-2025 MHz band on a 
primary basis, except those Existing Licensees that decline relocation. 
Such relocation negotiations shall be conducted as ``mandatory 
negotiations,'' as that term is used in Sec. 101.73 of this chapter. If 
these parties are unable to reach a negotiated agreement, MSS Licensees 
may involuntarily relocate such Existing Licensees and fixed stations 
after December 8, 2004.
    (ii) [Reserved]
    (iii) On the date that the first MSS licensee begins operations in 
the 2000-2020 MHz band, a one-year mandatory negotiation period begins 
between MSS licensees and Existing Licensees in Nielsen DMAs 31-210, as 
such DMAs existed on September 6, 2000. After the end of the mandatory 
negotiation period, MSS licensees may involuntary relocate any Existing 
Licensees with which they have been unable to reach a negotiated 
agreement. As described elsewhere in this paragraph (e), MSS Licensees 
are obligated to relocate these Existing Licensees within the specified 
three- and five-year time periods.
    (2) Before negotiating with MSS licensees, Existing Licensees in 
Nielsen Designated Market Areas where there is a BAS frequency 
coordinator must coordinate and select a band plan for the market area. 
If an Existing Licensee wishes to operate in the 2025-2110 MHz band 
using the channels A03-A07 as specified in the Table in Sec. 74.602(a) 
of this part, then all licensees within that Existing Licensee's market 
must agree to such operation and all must operate on a secondary basis 
to any licensee operating on the channel plan specified in Sec. 
74.602(a)(3) of this part. All negotiations must produce solutions that 
adhere to the market area's band plan.
    (3)-(4) [Reserved]
    (5) As of the date the first MSS licensee begins operations in the 
1990-2025 MHz band, MSS Licensees must relocate Existing Licensees in 
DMAs 31-100, as they existed as of September 6, 2000, within three 
years, and in the remaining DMAs, as they existed as of September 6, 
2000, within five years.
    (6) On December 9, 2013, all Existing Licensees will become 
secondary in the 1990-2025 MHz band. Upon written demand by any MSS 
licensee, Existing Licensees must cease operations in the 1990-2025 MHz 
band within six months.

[65 FR 48180, Aug. 7, 2000, as amended at 67 FR 53756, Aug. 19, 2002; 68 
FR 68252, Dec. 8, 2003; 69 FR 62621, Oct. 27, 2004; 69 FR 67836, Nov. 
22, 2004; 74 FR 29613, June 23, 2009]



            Subpart G_Low Power TV and TV Translator Stations



Sec. 74.701  Definitions.

    (a) Television broadcast translator station. A station in the 
broadcast service operated for the purpose of retransmitting the 
programs and signals of a television broadcast station, without 
significantly altering any characteristic of the original signal other 
than its frequency and amplitude, for the purpose of providing 
television reception to the general public.
    (b) Primary station. The television station which provides the 
programs and signals being retransmitted by a television broadcast 
translator station.
    (c) Analog to Digital Replacement Translator (DRT). A television 
translator licensed to a full power television station that allows it to 
restore service to any loss areas that may have occurred as a result of 
its transition from analog to digital.
    (d) Digital to Digital Replacement Translator (DTDRT). A television 
translator licensed to a full power television station that allows it to 
restore service to any loss areas that may have occurred as a result of 
the station being assigned a new channel pursuant to the Incentive 
Auction and repacking process.

[[Page 478]]

    (e) [Reserved]
    (f) Low power TV station. A station authorized under the provisions 
of this subpart that may retransmit the programs and signals of a TV 
broadcast station and that may originate programming in any amount 
greater than 30 seconds per hour and/or operates a subscription service. 
(See Sec. 73.641 of part 73 of this chapter.)
    (g) [Reserved]
    (h) Local origination. Program origination if the parameters of the 
program source signal, as it reaches the transmitter site, are under the 
control of the low power TV station licensee. Transmission of TV program 
signals generated at the transmitter site constitutes local origination. 
Local origination also includes transmission of programs reaching the 
transmitter site via TV STL stations, but does not include transmission 
of signals obtained from either terrestrial or satellite microwave feeds 
or low power TV stations.
    (i) [Reserved]
    (j) Television broadcast translator station (``TV translator 
station''). A station operated for the purpose of retransmitting the 
programs and signals of a television broadcast station, without 
significantly altering any characteristic of the original signal other 
than its frequency, for the purpose of providing television reception to 
the general public.
    (k) Low power TV station (``LPTV station''). A station authorized 
under the provisions of this subpart that may retransmit the programs 
and signals of a television broadcast station, may originate programming 
in any amount greater than 30 seconds per hour for the purpose of 
providing television reception to the general public and, subject to a 
minimum video program service requirement, may offer services of an 
ancillary or supplementary nature, including subscription-based 
services. (See Sec. 74.790.)
    (l) Digital program origination. For purposes of this part, digital 
program origination shall be any transmissions other than the 
simultaneous retransmission of the programs and signals of a TV or DTV 
broadcast station or transmissions related to service offerings of an 
ancillary or supplementary nature. Origination shall include locally 
generated television program signals and program signals obtained via 
video recordings (tapes and discs), microwave, common carrier circuits, 
or other sources.
    (m) Existing low power television or television translator station. 
When used in this subpart, the terms existing low power television and 
existing television translator station refer to a low power television 
station or television translator station that is either licensed or has 
a valid construction permit.

[28 FR 13722, Dec. 14, 1963, as amended at 43 FR 1951, Jan. 13, 1978; 47 
FR 21497, May 18, 1982; 48 FR 21486, May 12, 1983; 52 FR 7422, Mar. 11, 
1987; 52 FR 31403, Aug. 20, 1987; 62 FR 26720, May 14, 1997; 69 FR 
69331, Nov. 29, 2004; 87 FR 58202, Sept. 23, 2022]



Sec. 74.702  Channel assignments.

    (a) An applicant for a new low power TV or TV translator station or 
for changes in the facilities of an authorized station shall endeavor to 
select a channel on which its operation is not likely to cause 
interference. The applications must be specific with regard to the 
channel requested. Only one channel will be assigned to each station.
    (1) Any one of the 12 standard VHF Channels (2 to 13 inclusive) may 
be assigned to a low power TV or TV translator station.
    (2) Any one of the UHF Channels from 14 to 36, inclusive, may be 
assigned to a low power TV or TV translator station. In accordance with 
Sec. 73.603(c) of this chapter, Channel 37 will not be assigned to such 
stations.
    (b) Changes in the Table of TV Allotments (Sec. 73.622(j) of this 
chapter), authorizations to construct new full power television stations 
or to authorizations to change facilities of existing such stations, may 
be made without regard to existing or proposed low power TV or TV 
translator stations. Where such a change results in a low power TV or TV 
translator station causing actual interference to reception of the full 
power television station, the licensee or permittee of the low power TV 
or TV translator station shall eliminate the interference or file an

[[Page 479]]

application for a change in channel assignment pursuant to Sec. 73.3572 
of this chapter.
    (c) [Reserved]

[47 FR 21497, May 18, 1982, as amended at 47 FR 30068, July 12, 1982; 47 
FR 35590, Aug. 18, 1982; 52 FR 7423, Mar. 11, 1987; 52 FR 31403, Aug. 
20, 1987; 62 FR 26721, May 14, 1997; 86 FR 66214, Nov. 22, 2021; 87 FR 
15344, Mar. 24, 2022; 87 FR 58202, Sept. 23, 2022; 88 FR 30667, May 12, 
2023]



Sec. 74.703  Interference.

    (a) An application for a new low power TV or TV translator station 
or for a change in the facilities of such an authorized station will not 
be granted when it is apparent that interference will be caused. Except 
where there is a written agreement between the affected parties to 
accept interference, or where it can be shown that interference will not 
occur due to terrain shielding and/or Longley-Rice terrain dependent 
propagation methods, the licensee of a new low power TV or TV translator 
station shall protect existing low power TV and TV translator stations 
from interference within the protected contour defined in Sec. 74.792 
and shall protect existing Class A TV stations within the protected 
contours defined in Sec. 73.6010 of this chapter. Such written 
agreement shall accompany the application. Copies of OET Bulletin No. 69 
are available for inspection through the Federal Communications 
Commission's Reference Information Center. This document is also 
available on the FCC homepage at https://www.fcc.gov/oet/info/documents/
bulletins/69.
    (b) It shall be the responsibility of the licensee of a low power TV 
or TV translator station to correct at its expense any condition of 
interference to the direct reception of the signal of any full-power TV 
broadcast station operating on the same channel as that used by the low 
power TV or TV translator station or an adjacent channel which occurs as 
a result of the operation of the low power TV or TV translator station. 
Interference will be considered to occur whenever reception of a 
regularly used signal is impaired by the signals radiated by the low 
power TV or TV translator station, regardless of the quality of the 
reception or the strength of the signal so used. If the interference 
cannot be promptly eliminated by the application of suitable techniques, 
operation of the offending low power TV or TV translator station shall 
be suspended and shall not be resumed until the interference has been 
eliminated. If the complainant refuses to permit the low power TV or TV 
translator station to apply remedial techniques that demonstrably will 
eliminate the interference without impairment of the original reception, 
the licensee of the low power TV or TV translator station is absolved of 
further responsibility.
    (c) It shall be the responsibility of the licensee of a low power TV 
or TV translator station to correct any condition of interference which 
results from the radiation of radio frequency energy outside its 
assigned channel. Upon notice by the FCC to the station licensee or 
operator that such interference is caused by spurious emissions of the 
station, operation of the station shall be immediately suspended and not 
resumed until the interference has been eliminated. However, short test 
transmissions may be made during the period of suspended operation to 
check the efficacy of remedial measures.
    (d) When a low-power TV or TV translator station causes interference 
to a CATV system by radiations within its assigned channel at the cable 
headend or on the output channel of any system converter located at a 
receiver, the earlier user, whether cable system or low-power TV or TV 
translator station, will be given priority on the channel, and the later 
user will be responsible for correction of the interference. When a low-
power TV or TV translator station causes interference to a BRS or EBS 
system by radiations within its assigned channel on the output channel 
of any system converter located at a receiver, the earlier user, whether 
BRS system or low-power TV or TV translator station, will be given 
priority on the channel, and the later user will be responsible for 
correction of the interference.
    (e) Low power TV and TV translator stations are being authorized on 
a secondary basis to existing land mobile

[[Page 480]]

uses and must correct whatever interference they cause to land mobile 
stations or cease operation.
    (f)-(g) [Reserved]
    (h) In each instance where suspension of operation is required, the 
licensee shall submit a full report to the FCC after operation is 
resumed containing details of the nature of the interference, the source 
of the interfering signals, and the remedial steps taken to eliminate 
the interference. This report shall be filed via a Resumption of 
Operations notice in the FCC's Licensing and Management System (LMS).
    (i) [Reserved]

[47 FR 21497, May 18, 1982, as amended at 48 FR 21487, May 12, 1983; 52 
FR 31403, Aug. 20, 1987; 53 FR 4169, Feb. 12, 1988; 60 FR 55483, Nov. 1, 
1995; 62 FR 26721, May 14, 1997; 65 FR 30012, May 10, 2000; 69 FR 69331, 
Nov. 29, 2004; 69 FR 72045, Dec. 10, 2004; 85 FR 64408, Oct. 13, 2020; 
86 FR 66214, Nov. 22, 2021; 87 FR 58202, Sept. 23, 2022; 88 FR 21448, 
Apr. 10, 2023; 88 FR 30667, May 12, 2023]



Sec. Sec. 74.706-74.708  [Reserved]



Sec. 74.709  Land mobile station protection.

    (a) Stations in the Land Mobile Radio Service, using the following 
channels in the indicated cities will be protected from interference 
caused by low power TV or TV translator stations, and low power TV and 
TV translator stations must accept any interference from stations in the 
land mobile service operating on the following channels:

                                            Table 1 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
                                                                                         Coordinates
                          City                                Channels     -------------------------------------
                                                                                 Latitude          Longitude
----------------------------------------------------------------------------------------------------------------
Boston, MA.............................................             14, 16  42[deg]21[min]24.  071[deg]03[min]23
                                                                                       4[sec]            .2[sec]
Chicago, IL............................................             14, 15  41[deg]52[min]28.  087[deg]38[min]22
                                                                                       1[sec]            .2[sec]
Cleveland, OH..........................................             14, 15  41[deg]29[min]51.  081[deg]49[min]49
                                                                                       2[sec]            .5[sec]
Dallas, TX.............................................                 16  32[deg]47[min]09.  096[deg]47[min]38
                                                                                       5[sec]            .0[sec]
Detroit, MI............................................             15, 16  42[deg]19[min]48.  083[deg]02[min]56
                                                                                       1[sec]            .7[sec]
Houston, TX............................................                 17  29[deg]45[min]26.  095[deg]21[min]37
                                                                                       8[sec]            .8[sec]
Los Angeles, CA........................................         14, 16, 20  34[deg]03[min]15.  118[deg]14[min]31
                                                                                       0[sec]            .3[sec]
Miami, FL..............................................                 14  25[deg]46[min]38.  080[deg]11[min]31
                                                                                       4[sec]            .2[sec]
New York, NY...........................................         14, 15, 16  40[deg]45[min]06.  073[deg]59[min]37
                                                                                       4[sec]            .5[sec]
Philadelphia, PA.......................................             19, 20  39[deg]56[min]58.  075[deg]09[min]19
                                                                                       4[sec]            .6[sec]
Pittsburgh, PA.........................................             14, 18  40[deg]26[min]19.  079[deg]59[min]59
                                                                                       2[sec]            .2[sec]
San Francisco, CA......................................             16, 17  37[deg]46[min]38.  122[deg]24[min]43
                                                                                       7[sec]            .9[sec]
Washington, DC.........................................             17, 18  38[deg]53[min]51.  077[deg]00[min]31
                                                                                       4[sec]            .9[sec]
----------------------------------------------------------------------------------------------------------------

    (b) The protected contours for the land mobile radio service are 130 
kilometers from the above coordinates, except where limited by the 
following:
    (1) If the land mobile channel is the same as the channel in the 
following list, the land mobile protected contour excludes the area 
within 145 kilometers of the corresponding coordinates from list below. 
Except if the land mobile channel is 15 in New York or Cleveland or 16 
in Detroit, the land mobile protected contour excludes the area within 
95 kilometers of the corresponding coordinates from the list below.
    (2) If the land mobile channel is one channel above or below the 
channel in the following list, the land mobile protected contour 
excludes the area within 95 kilometers of the corresponding coordinates 
from the list below.

                                           Table 2 to Paragraph (b)(2)
----------------------------------------------------------------------------------------------------------------
                                                                                         Coordinates
                          City                                Channel      -------------------------------------
                                                                                 Latitude          Longitude
----------------------------------------------------------------------------------------------------------------
San Diego, CA..........................................                 15  32[deg]41[min]52.  116[deg]56[min]06
                                                                                       7[sec]            .3[sec]

[[Page 481]]

 
Waterbury, CT..........................................                 20  41[deg]31[min]02.  073[deg]00[min]58
                                                                                       3[sec]            .4[sec]
Washington, DC.........................................                 14  38[deg]57[min]17.  077[deg]00[min]15
                                                                                       4[sec]            .9[sec]
Washington, DC.........................................                 20  38[deg]57[min]49.  077[deg]06[min]17
                                                                                       9[sec]            .2[sec]
Champaign, IL..........................................                 15  40[deg]04[min]10.  087[deg]54[min]46
                                                                                       0[sec]            .0[sec]
Jacksonville, IL.......................................                 14  39[deg]45[min]52.  090[deg]30[min]29
                                                                                       1[sec]            .5[sec]
Ft. Wayne, IN..........................................                 15  41[deg]05[min]35.  085[deg]10[min]41
                                                                                       2[sec]            .9[sec]
South Bend, IN.........................................                 16  41[deg]36[min]20.  086[deg]12[min]46
                                                                                       0[sec]            .0[sec]
Salisbury, MD..........................................                 16  38[deg]24[min]15.  075[deg]34[min]43
                                                                                       4[sec]            .7[sec]
Mt. Pleasant, MI.......................................                 14  43[deg]34[min]24.  084[deg]46[min]21
                                                                                       1[sec]            .0[sec]
Hanover, NH............................................                 15  43[deg]42[min]30.  072[deg]09[min]14
                                                                                       2[sec]            .3[sec]
Canton, OH.............................................                 17  40[deg]51[min]04.  081[deg]16[min]36
                                                                                       2[sec]            .4[sec]
Cleveland, OH..........................................                 19  41[deg]21[min]19.  081[deg]44[min]23
                                                                                       2[sec]            .5[sec]
Oxford, OH.............................................                 14  39[deg]30[min]26.  084[deg]44[min]08
                                                                                       2[sec]            .8[sec]
Zanesville, OH.........................................                 18  39[deg]55[min]42.  081[deg]59[min]07
                                                                                       0[sec]            .0[sec]
Elmira-Corning, NY.....................................                 18  42[deg]06[min]22.  076[deg]52[min]16
                                                                                       0[sec]            .0[sec]
Harrisburg, PA.........................................                 21  40[deg]20[min]43.  076[deg]52[min]08
                                                                                       1[sec]            .3[sec]
Johnstown, PA..........................................                 19  40[deg]19[min]47.  078[deg]53[min]44
                                                                                       3[sec]            .1[sec]
Lancaster, PA..........................................                 15  40[deg]15[min]45.  076[deg]27[min]50
                                                                                       0[sec]            .0[sec]
Philadelphia, PA.......................................                 17  40[deg]02[min]30.  075[deg]14[min]21
                                                                                       9[sec]            .9[sec]
Pittsburgh, PA.........................................                 16  40[deg]26[min]46.  079[deg]57[min]50
                                                                                       2[sec]            .2[sec]
Scranton, PA...........................................                 16  41[deg]10[min]58.  075[deg]52[min]19
                                                                                       3[sec]            .7[sec]
Parkersburg, WV........................................                 15  39[deg]20[min]59.  081[deg]33[min]55
                                                                                       8[sec]            .4[sec]
Madison, WI............................................                 15  43[deg]03[min]03.  089[deg]29[min]13
                                                                                       0[sec]            .0[sec]
----------------------------------------------------------------------------------------------------------------

    (c) A low power TV or TV translator station application will not be 
accepted if it specifies a site that is within the protected contour of 
a co-channel or first adjacent channel land mobile assignment.
    (d) The low power TV or TV translator station field strength is 
calculated from the proposed effective radiated power (ERP) and the 
antenna height above average terrain (HAAT) in pertinent directions.
    (1) The field strength is calculated using Figure 10c of Sec. 
73.699 (F(50, 10) charts) of part 73 of this chapter.
    (2) A low power TV or TV translator station application will not be 
accepted if it specifies the same channel as one of the land mobile 
assignments and its field strength at the land mobile protected contour 
exceeds 52 dBu.
    (3) A low power TV or TV translator station application will not be 
accepted if it specifies a channel that is one channel above or below 
one of the land mobile assignments and its field strength at the land 
mobile protected contour exceeds 76 dBu.
    (e) To protect stations in the Offshore Radio Service, a low power 
TV or TV translator station construction permit application will not be 
accepted if it specifies operation on channels 15, 16, 17 or 18 in the 
following areas. West Longitude and North Latitude are abbreviated as 
W.L. and N.L. respectively.
    (1) On Channel 15: west of 92[deg]00[min] W.L.; east of 
98[deg]30[min] W.L.; and south of a line extending due west from 
30[deg]30[min] N.L., 92[deg]00[min] W.L. to 30[deg]30[min] N.L., 
96[deg]00[min] W.L.; and then due southwest to 28[deg]00[min] N.L., 
98[deg]30[min] W.L.
    (2) On Channel 16: west of 86[deg]40[min] W.L.; east of 
96[deg]30[min] W.L.; and south of a line extending due west from 
31[deg]00[min] N.L., 86[deg]40[min] W.L. to 31[deg]00[min] N.L., 
95[deg]00[min] W.L. and then due southwest to 29[deg]30[min] N.L., 
96[deg]30[min] W.L.
    (3) On Channel 17: west of 86[deg]30[min] W.L.; east of 
96[deg]00[min] W.L.; and south of a line extending due west from 
31[deg]00[min] N.L., 86[deg]30[min] W.L. to 31[deg]30[min] N.L., 
94[deg]00[min] W.L. and then due southwest to 29[deg]30[min] N.L., 
96[deg]00[min] W.L.
    (4) On Channel 18: west of 87[deg]00[min] W.L.; east of 
95[deg]00[min] W.L.; and south of 31[deg]00[min] N.L.
    Note 1 to Sec. 74.709: The Chief, Public Safety and Homeland 
Security Bureau waived the rules of this section to allow channel 15 to 
be used for land mobile operation in Los Angeles County, CA (DA 08-2823; 
adopted December 30, 2008). Notwithstanding the channels

[[Page 482]]

listed in paragraph (a) or (b)(2) of this section, the waiver requires 
LPTV and translator stations to protect this land mobile operation.

[47 FR 21499, May 18, 1982, as amended at 50 FR 12027, Mar. 27, 1985; 50 
FR 33942, Aug. 22, 1985; 69 FR 31906, June 8, 2004; 87 FR 58203, Sept. 
23, 2022; 88 FR 30668, May 12, 2023]



Sec. 74.710  [Reserved]



Sec. 74.720  Digital low power TV distributed transmission systems.

    (a) A digital low power TV or TV translator (LPTV) station may be 
authorized to operate multiple synchronized transmitters on its assigned 
channel to provide service consistent with the requirements of this 
section. Such operation is called a distributed transmission system 
(DTS). Except as expressly provided in this section, LPTV stations 
operating a DTS facility must comply with all rules in this part 
applicable to LPTV single-transmitter stations.
    (b) For purposes of compliance with this section, a digital LPTV 
station's ``authorized facility'' is the facility authorized for the 
station in a license or construction permit for non-DTS, single-
transmitter-location operation. A digital LPTV station's ``authorized 
service area'' is defined as the area within its protected contour 
(described by Sec. 74.792) as determined using the authorized facility.
    (c) The protected area for each DTS transmitter is determined based 
on the F(50,90) field strength given in Sec. 74.792), calculated in 
accordance with Sec. 73.625(b) of this chapter. The combined protected 
area of an LPTV DTS station is the logical union of the protected areas 
of all DTS transmitters, that falls within the station's authorized 
service area as defined in paragraph (b) of this section.
    (d) The DTS limiting area for each DTS transmitter is determined 
using the field strength from Sec. 74.792 and the F(50,50) curves.
    (e) An application proposing use of DTS will not be accepted for 
filing unless it meets all of the following conditions:
    (1) The combined protected area covers all of the applicant's 
authorized service area;
    (2) Each DTS transmitter's LPTV DTS limiting contour falls within 
the authorized facility's LPTV DTS limiting contour;
    (3) Each DTS transmitter's protected area is contiguous with at 
least one other DTS transmitter's protected area;
    (4) The ``combined field strength'' of all DTS transmitters in a 
network does not cause interference to another station in excess of the 
criteria specified in Sec. 74.793. The combined field strength at a 
given location is determined by a ``root-sum-square'' calculation, in 
which the combined field strength is equal to the square root of the sum 
of the squared field strengths from each transmitter in the DTS network 
at that location; and
    (5) Each DTS transmitter must be located within the station's 
authorized service area.
    (f) All transmitters operating under a single LPTV DTS license must 
follow the same digital broadcast television transmission standard.

[86 FR 21227, Apr. 22, 2021]



Sec. 74.731  [Reserved]



Sec. 74.732  Eligibility and licensing requirements.

    (a) A license for a low power TV or TV translator station may be 
issued to any qualified individual, organized group of individuals, 
broadcast station licensee, or local civil governmental body.
    (b) More than one low power TV or TV translator station may be 
licensed to the same applicant whether or not such stations serve 
substantially the same area. Low power TV and TV translator stations are 
not counted for purposes of Sec. 73.3555, concerning multiple 
ownership.
    (c) Only one channel will be assigned to each low power TV or TV 
translator station. Additional low power or translator stations may be 
authorized to provide additional reception. A separate application is 
required for each station and each application must be complete in all 
respects.
    (d) The FCC will not act on applications for new low power TV or TV 
translator stations, for changes in facilities of existing stations, or 
for

[[Page 483]]

changes in output channel tendered by displaced stations pursuant to 
Sec. 73.3572(a)(1), when such changes will result in a major change 
until the applicable time for filing a petition to deny has passed 
pursuant to Sec. 73.3584(c).
    (e) A proposal to change the primary TV station being retransmitted 
or an application of a licensed translator station to include low power 
TV station operation, i.e., program origination or subscription service 
will be subject only to a notification requirement.
    (f) Applications for transfer of ownership or control of a low power 
TV or TV translator station will be subject to petitions to deny.
    (g)-(h) [Reserved]

[47 FR 21499, May 18, 1982, as amended at 48 FR 21487, May 12, 1983; 49 
FR 20504, May 15, 1984; 52 FR 7423, Mar. 11, 1987; 52 FR 10571, Apr. 2, 
1987; 52 FR 31404, Aug. 20, 1987; 87 FR 58203, Sept. 23, 2022]



Sec. 74.733  [Reserved]



Sec. 74.734  Attended and unattended operation.

    (a) Low power TV and TV translator stations may be operated without 
a designated person in attendance if the following requirements are met:
    (1) If the transmitter site cannot be promptly reached at all hours 
and in all seasons, means shall be provided so that the transmitting 
apparatus can be turned on and off at will from a point that readily is 
accessible at all hours and in all seasons.
    (2) The transmitter also shall be equipped with suitable automatic 
circuits that will place it in a nonradiating condition in the absence 
of a signal on the input channel or circuit.
    (3) The transmitting and the ON/OFF control, if at a location other 
than the transmitter site, shall be adequately protected against 
tampering by unauthorized persons.
    (4) A notification must be filed with the FCC via a Change of 
Control Point Notice in LMS providing the name, address, and telephone 
number of a person or persons who may be called to secure suspension of 
operation of the transmitter promptly should such action be deemed 
necessary by the FCC. Such information shall be kept current by the 
licensee.
    (5) In cases where the antenna and supporting structure are 
considered to be a hazard to air navigation and are required to be 
painted and lighted under the provisions of part 17 of the Rules, the 
licensee shall make suitable arrangements for the daily observations, 
when required, and lighting equipment inspections required by Sec. Sec. 
17.37 and 17.38 of the FCC rules.
    (b) An application for authority to construct a new low power TV 
station (when rebroadcasting the programs of another station) or TV 
translator station or to make changes in the facilities of an authorized 
station, and that proposes unattended operation, shall include an 
adequate showing as to the manner of compliance with this section.

[47 FR 21500, May 18, 1982, as amended at 48 FR 21487, May 12, 1983; 60 
FR 55483, Nov. 1, 1995; 63 FR 33878, June 22, 1998; 67 FR 13233, Mar. 
21, 2002; 87 FR 58203, Sept. 23, 2022; 88 FR 30668, May 12, 2023]



Sec. 74.735  Power limitations.

    (a) [Reserved]
    (b) The maximum ERP of a low power TV or TV translator station 
(average power) shall not exceed:
    (1) 3 kW for VHF channels 2-13; and
    (2) 15 kW for UHF channels 14-36.
    (c) The limits in paragraph (b) of this section apply to the 
effective radiated power in the horizontally polarized plane. For either 
omnidirectional or directional antennas, where the ERP values of the 
vertically and horizontally polarized components are not of equal 
strength, the ERP limits shall apply to the horizontal polarization, and 
the vertical ERP shall not intentionally exceed the horizontal ERP in 
any direction. Applications proposing the use of directional antenna 
systems must be accompanied by the following:
    (1) Complete description of the proposed antenna system, including 
the manufacturer and model number of the proposed directional antenna. 
It is not acceptable to label the antenna with only a generic term such 
as ``Yagi'' or ``Dipole''. A specific model number must be provided. In 
the case of individually designed antennas with no model number, or in 
the case of a composite antenna composed of two or more individual 
antennas, the antenna

[[Page 484]]

should be described as a ``custom'' or ``composite'' antenna, as 
appropriate. A full description of the design of the antenna should also 
be submitted.
    (2) Relative field azimuth plane pattern (patterns for both 
horizontal and vertical polarization should be included if elliptical or 
circular polarization is used) of the proposed directional antenna. A 
value of 1.0 should be used for the maximum radiation in the horizontal 
polarization. The plot of the pattern should be oriented so that 0[deg] 
corresponds to the maximum radiation of the directional antenna or, 
alternatively in the case of a symmetrical pattern, to the line of 
symmetry. The 0[deg] on the plot should be referenced to the actual 
azimuth with respect to true North.
    (3) A tabulation of the relative field pattern required in paragraph 
(c)(2), of this section. The tabulation should use the same zero degree 
reference as the plotted pattern, and be tabulated at least every 
10[deg]. In addition, tabulated values of all maximas and minimas, with 
their corresponding azimuths, should be submitted.
    (4) All azimuth plane patterns must be plotted in a PDF attachment 
to the application in a size sufficient to be easily viewed.
    (5) The horizontal plane patterns that are required are the patterns 
for the complete directional antenna system. In the case of a composite 
antenna composed of two or more individual antennas, this means that the 
patterns for the composite antenna composed of two or more individual 
antennas, not the patterns for each of the individual antennas, must be 
submitted.
    (6) If an elevation pattern is submitted in the application form, 
similar tabulations and PDF attachments shall be provided for the 
elevation pattern.
    (7) If a matrix pattern is submitted in the application form, 
similar tabulations shall be provided as necessary in the form of a 
spreadsheet to accurately represent the pattern.

[30 FR 8847, July 14, 1965, as amended at 41 FR 28267, July 9, 1976; 47 
FR 21500, May 18, 1982; 48 FR 21487, May 12, 1983; 52 FR 7423, Mar. 11, 
1987; 52 FR 31404, Aug. 20, 1987; 58 FR 44951, Aug. 25, 1993; 62 FR 
26722, May 14, 1997; 76 FR 44828, July 27, 2011; 86 FR 66214, Nov. 22, 
2021; 87 FR 58203, Sept. 23, 2022; 88 FR 30668, May 12, 2023]



Sec. 74.736  [Reserved]



Sec. 74.737  Antenna location.

    (a) An applicant for a new low power TV or TV translator station or 
for a change in the facilities of an authorized station shall endeavor 
to select a site that will provide a line-of-sight transmission path to 
the entire area intended to be served and at which there is available a 
suitable signal from the primary station, if any, that will be 
retransmitted.
    (b) The transmitting antenna should be placed above growing 
vegetation and trees lying in the direction of the area intended to be 
served, to minimize the possibility of signal absorption by foliage.
    (c) A site within 8 kilometers of the area intended to be served is 
to be preferred if the conditions in paragraph (a) of this section can 
be met.
    (d) Consideration should be given to the accessibility of the site 
at all seasons of the year and to the availability of facilities for the 
maintenance and operation of the transmitting equipment.
    (e) The transmitting antenna should be located as near as is 
practical to the transmitter to avoid the use of long transmission lines 
and the associated power losses.
    (f) Consideration should be given to the existence of strong radio 
frequency fields from other transmitters at the site of the transmitting 
equipment and the possibility that such fields may result in the 
retransmissions of signals originating on frequencies other than that of 
the primary station being rebroadcast.

[88 FR 30669, May 12, 2023]

[[Page 485]]



Sec. 74.750  Transmission system facilities.

    (a) A low power TV or TV translator station shall operate with a 
transmitter that is either certificated for licensing under the 
provisions of this subpart or type notified for use under part 73 of 
this chapter.
    (b) External preamplifiers also may be used provided that they do 
not cause improper operation of the transmitting equipment, and use of 
such preamplifiers is not necessary to meet the provisions of Sec. 
74.795(b).
    (c) through (d) [Reserved]
    (e) The following procedures shall apply:
    (1) Any manufacturer of apparatus intended for use at low power TV 
or TV translator stations may request certification by following the 
procedures set forth in part 2, subpart J, of this chapter.
    (2) Low power TV and TV translator transmitting apparatus that has 
been certificated by the FCC will normally be authorized without 
additional measurements from the applicant or licensee.
    (3) Applications for certification of modulators to be used with 
existing certificated TV translator apparatus must include the 
specifications electrical and mechanical interconnecting requirements 
for the apparatus with which it is designed to be used.
    (4) Other rules concerning certification, including information 
regarding withdrawal of type acceptance, modification of certificated 
equipment, and limitations on the findings upon which certification is 
based, are set forth in part 2, subpart J, of this chapter.
    (f) The transmitting antenna system may be designed to produce 
horizontal, elliptical, or circular polarization.
    (g) Low power TV or TV translator stations installing new 
certificated transmitting apparatus incorporating modulating equipment 
need not make equipment performance measurements and shall so indicate 
on the station license application. Stations adding new or replacing 
modulating equipment in existing low power TV or TV translator station 
transmitting apparatus must have a qualified person examine the 
transmitting system after installation. A report of the methods, 
measurements, and results must be kept in the station records. However, 
stations installing modulating equipment solely for the limited local 
origination of signals permitted by Sec. 74.790 need not comply with 
the requirements of this paragraph (g).

[88 FR 30669, May 12, 2023]



Sec. 74.751  Modification of transmission systems.

    (a) No change, either mechanical or electrical, may be made in 
apparatus which has been certificated by the Commission without prior 
authority of the Commission. If such prior authority has been given to 
the manufacturer of certificated equipment, the manufacturer may issue 
instructions for such changes citing its authority. In such cases, 
individual licensees are not required to secure prior Commission 
approval but shall notify the Commission when such changes are 
completed.
    (b) Formal application (FCC Form 2100, Schedule C) is required for 
any of the following changes:
    (1) Replacement of the transmitter as a whole, except replacement 
with a transmitter of identical power rating which has been certificated 
by the FCC for use by low power TV and TV translator stations, or any 
change which could result in a change in the electrical characteristics 
or performance of the station.
    (2) Any change in the transmitting antenna system, including the 
direction of radiation, directive antenna pattern, antenna gain, 
transmission line loss characteristics, or height of antenna center of 
radiation.
    (3) Any change in the overall height of the antenna structure, 
except where notice to the Federal Aviation Administration is 
specifically not required under Sec. 17.14(b) of this chapter.
    (4) Any horizontal change of the location of the antenna.
    (5) A change in frequency assignment.
    (6) [Reserved]
    (7) A change of authorized operating power.
    (c) Notwithstanding the requirements in paragraph (b) of this 
section, a station may file in LMS a correction of geographic 
coordinates where the change is 3 seconds or fewer in latitude

[[Page 486]]

and/or 3 seconds or fewer in longitude, provided there is no physical 
change in location and no other licensed parameters are changed. An 
exhibit should be attached to the application(s) specifying that it is a 
coordinate correction.
    (d) Upon installation of new or replacement transmitting equipment 
for which prior FCC authority is not required under the provisions of 
this section, the licensee must place in the station records a 
certification that the new installation complies in all respects with 
the technical requirements of this part and the station authorization.

[28 FR 13722, Dec. 14, 1963, as amended at 38 FR 6827, Mar. 13, 1973; 39 
FR 38652, Nov. 1, 1974; 45 FR 26067, Apr. 17, 1980; 47 FR 21501, May 18, 
1982; 48 FR 41423, Sept. 15, 1983; 50 FR 23710, June 5, 1985; 52 FR 
31405, Aug. 20, 1987; 63 FR 33879, June 22, 1998; 63 FR 36605, July 7, 
1998; 67 FR 13233, Mar. 21, 2002; 87 FR 58203, Sept. 23, 2022; 88 FR 
30669, May 12, 2023]



Sec. 74.761  [Reserved]



Sec. 74.762  Frequency measurements.

    (a) The licensee of a low power TV station or a TV translator 
station must measure the frequency of its output channel as often as 
necessary to ensure operation consistent with the Advanced Television 
Systems Committee (ATSC) standard (see Sec. 73.682 of this chapter; for 
ATSC 1.0, Sec. 73.682(d), ATSC A/53 Part 2, and for ATSC 3.0, Sec. 
73.682(f)(2)), and at least once each calendar year at intervals not 
exceeding 14 months.
    (b) In the event that a low power TV or TV translator station is 
found to be operating inconsistent with the standard in paragraph (a) of 
this section, the licensee promptly shall suspend operation of the 
transmitter and shall not resume operation until the transmitter has 
been restored to its assigned frequency.

[88 FR 30669, May 12, 2023]



Sec. 74.763  Time of operation.

    (a) A low power TV or TV translator station is not required to 
adhere to any regular schedule of operation. However, the licensee of a 
TV translator station is expected to provide service to the extent that 
such is within its control and to avoid unwarranted interruptions in the 
service provided.
    (b) In the event that causes beyond the control of the low power TV 
or TV translator station licensee make it impossible to continue 
operating, the licensee may discontinue operation for a period of not 
more than 30 days without further authority from the FCC. Notification 
must be sent to the FCC via a Suspension of Operations Notice filing in 
LMS, not later than the 10th day of discontinued operation. During such 
period, the licensee shall continue to adhere to the requirements in the 
station license pertaining to the lighting of antenna structures. In the 
event normal operation is restored prior to the expiration of the 30 day 
period, the FCC shall be notified via a Resumption of Operations Notice 
filing in LMS of the date normal operations resumed. If causes beyond 
the control of the licensee make it impossible to comply within the 
allowed period, a request for Special Temporary Authority (see Sec. 
73.1635 of this chapter) shall be made to the FCC no later than the 30th 
day for such additional time as may be deemed necessary via LMS.
    (c) Failure of a low power TV or TV translator station to operate 
for a period of 30 days or more, except for causes beyond the control of 
the licensee, shall be deemed evidence of discontinuation of operation 
and the license of the station may be cancelled at the discretion of the 
FCC. Furthermore, the station's license will expire as a matter of law, 
without regard to any causes beyond control of the licensee, if the 
station fails to transmit broadcast signals for any consecutive 12-month 
period, notwithstanding any provision, term, or condition of the license 
to the contrary.
    (d) A television broadcast translator station shall not be permitted 
to radiate during extended periods when signals of the primary station 
are not being retransmitted.

[28 FR 13722, Dec. 14, 1963, as amended at 52 FR 7423, Mar. 11, 1987; 52 
FR 31405, Aug. 20, 1987; 61 FR 28768, June 6, 1996; 63 FR 33879, June 
22, 1998; 67 FR 13233, Mar. 21, 2002; 87 FR 58203, Sept. 23, 2022; 88 FR 
30669, May 12, 2023]

[[Page 487]]



Sec. 74.769  Familiarity with FCC rules.

    Each licensee or permittee of a station authorized under this 
subpart shall be familiar with those rules relating to stations 
authorized under this subpart. Copies of the Commission's rules may be 
obtained from the Superintendent of Documents, Government Publishing 
Office, Washington, DC 20401, or accessed online at https://www.ecfr.gov 
or https://www.gpo.gov/fdsys/browse/
collectionCfr.action?collectionCode=CFR.

[83 FR 13683, Mar. 30, 2018]



Sec. 74.779  Electronic delivery of notices to LPTV stations.

    In accordance with Sec. 76.1600 of this title, beginning July 31, 
2020, each licensee of a low power television station or noncommercial 
educational translator station that is entitled to notices under Sec. 
76.64(k), Sec. 76.1601, Sec. 76.1607, or Sec. 76.1617 of this title 
shall receive such notices via email to the licensee's email address 
(not a contact representative's email address, if different from the 
licensee's email address) as displayed publicly in the Commission's 
Licensing and Management System (LMS), or the primary station's 
carriage-related email address if the noncommercial educational 
translator station does not have its own email address listed in LMS. 
Licensees are responsible for the continuing accuracy and completeness 
of this information.

[85 FR 16004, Mar. 20, 2020]



Sec. 74.780  Broadcast regulations applicable to translators and low power stations.

    The following rules are applicable to TV translator and low power TV 
stations:
    (a) 47 CFR part 5--Experimental authorizations.
    (b) 47 CFR 73.658--Affiliation agreements and network program 
practices; territorial exclusivity in non-network program arrangements.
    (c) 47 CFR part 11--Emergency Alert System (for low power TV 
stations locally originating programming as defined by Sec. 74.701(h)).
    (d) 47 CFR 73.1030--Notifications concerning interference to radio 
astronomy, research, and receiving installations.
    (e) 47 CFR 73.1206--Broadcast of telephone conversations.
    (f) 47 CFR 73.1207--Rebroadcasts.
    (g) 47 CFR 73.1208--Broadcast of taped, filmed, or recorded 
material.
    (h) 47 CFR 73.1211--Broadcast of lottery information.
    (i) 47 CFR 73.1212--Sponsorship identifications; list retention; 
related requirements.
    (j) 47 CFR 73.1216--Licensee-conducted contests.
    (k) 47 CFR 73.1515--Special field test authorizations.
    (l) 47 CFR 73.1615--Operation during modification of facilities.
    (m) 47 CFR 73.1635--Special temporary authorizations (STA).
    (n) 47 CFR 73.1650--International agreements.
    (o) 47 CFR 73.1680--Emergency antennas.
    (p) 47 CFR 73.1692--Reserved.
    (q) 47 CFR 73.1940--Legally qualified candidates for public office.
    (r) 47 CFR 73.2080--Equal employment opportunities (for low power TV 
stations only).
    (s) 47 CFR 73.3500--Application and report forms.
    (t) 47 CFR 73.3511--Applications required.
    (u) 47 CFR 73.3512--Where to file; number of copies.
    (v) 47 CFR 73.3513--Signing of applications.
    (w) 47 CFR 73.3514--Content of applications.
    (x) 47 CFR 73.3516--Specification of facilities.
    (y) 47 CFR 73.3517--Contingent applications.
    (z) 47 CFR 73.3518--Inconsistent or conflicting applications.
    (aa) 47 CFR 73.3519--Repetitious applications.
    (bb) 47 CFR 73.3521--Mutually exclusive applications for low power 
TV and TV translator stations.
    (cc) 47 CFR 73.3522--Amendment of applications.
    (dd) 47 CFR 73.3525--Agreements for removing application conflicts.
    (ee) 47 CFR 73.3533--Application for construction permit or 
modification of construction permit.

[[Page 488]]

    (ff) 47 CFR 73.3536--Application for license to cover construction 
permit.
    (gg) 47 CFR 73.3538(a)(1), (3), and (4) and (b)--Application to make 
changes in an existing station.
    (hh) 47 CFR 73.3539--Application for renewal of license.
    (ii) 47 CFR 73.3540--Application for voluntary assignment or 
transfer of control.
    (jj) 47 CFR 73.3541--Application for involuntary assignment of 
license or transfer of control.
    (kk) 47 CFR 73.3542--Application for emergency authorization.
    (ll) 47 CFR 73.3544--Application to obtain a modified station 
license.
    (mm) 47 CFR 73.3545--Application for permit to deliver programs to 
foreign stations.
    (nn) 47 CFR 73.3550--Requests for new or modified call sign 
assignments.
    (oo) 47 CFR 73.3561--Staff consideration of applications requiring 
Commission action.
    (pp) 47 CFR 73.3562--Staff consideration of applications not 
requiring action by the Commission.
    (qq) 47 CFR 73.3564--Acceptance of applications.
    (rr) 47 CFR 73.3566--Defective applications.
    (ss) 47 CFR 73.3568--Dismissal of applications.
    (tt) 47 CFR 73.3572--Processing of TV broadcast, low power TV, and 
TV translator station applications.
    (uu) 47 CFR 73.3580--Local public notice of filing of broadcast 
applications.
    (vv) 47 CFR 73.3584--Petitions to deny.
    (ww) 47 CFR 73.3587--Informal objections.
    (xx) 47 CFR 73.3591--Grants without hearing.
    (yy) 47 CFR 73.3593--Designation for hearing.
    (zz) 47 CFR 73.3594--Local public notice of designation for hearing.
    (aaa) 47 CFR 73.3597--Procedures on transfer and assignment 
applications.
    (bbb) 47 CFR 73.3598--Period of construction.
    (ccc) 47 CFR 73.3601--Simultaneous modification and renewal of 
license.
    (ddd) 47 CFR 73.3603--Special waiver procedure relative to 
applications.
    (eee) 47 CFR 73.3612--Annual employment report (for low power TV 
stations only).
    (fff) 47 CFR 73.3613--Availability to FCC of station contracts 
(network affiliation contracts for low power TV stations only).

[87 FR 58203, Sept. 23, 2022]



Sec. 74.781  Station records.

    (a) The licensee of a low power TV or TV translator station shall 
maintain adequate station records, including the current instrument of 
authorization, official correspondence with the FCC, contracts, 
permission for rebroadcasts, and other pertinent documents.
    (b) Entries required by Sec. 17.49 of this Chapter concerning any 
observed or otherwise known extinguishment or improper functioning of a 
tower light:
    (1) The nature of such extinguishment or improper functioning.
    (2) The date and time the extinguishment or improper operation was 
observed or otherwise noted.
    (3) The date, time and nature of adjustments, repairs or 
replacements made.
    (c) The station records shall be maintained for inspection at a 
residence, office, or public building, place of business, or other 
suitable place, in one of the communities of license of the translator, 
except that the station records of a translator licensed to the licensee 
of the primary station may be kept at the same place where the primary 
station records are kept. The station records shall be made available 
upon request to any authorized representative of the Commission.
    (d) Station logs and records shall be retained for a period of two 
years.

[48 FR 44806, Sept. 30, 1983, as amended at 52 FR 31405, Aug. 20, 1987; 
84 FR 2759, Feb. 8, 2019; 87 FR 58204, Sept. 23, 2022]



Sec. 74.782  Low power television and TV translator simulcasting during the ATSC 3.0 (Next Gen TV) transition.

    (a) Simulcasting arrangements. While broadcasters are voluntarily 
deploying ATSC 3.0, a low power television (LPTV) or TV translator 
station may partner with one or more other LPTV or TV translator 
stations or with one or more full power or Class A stations

[[Page 489]]

in a simulcasting arrangement for purposes of airing either an ATSC 1.0 
or ATSC 3.0 signal on a host station's (i.e., a station whose facilities 
are being used to transmit programming originated by another station) 
facilities.
    (1) An LPTV or TV translator station airing an ATSC 1.0 or ATSC 3.0 
signal on the facilities of a full power host station must comply with 
the rules of part 73 of this chapter governing power levels and 
interference, and must comply in all other respects with the rules and 
policies applicable to low power television or TV translator stations 
set forth in this part.
    (2) An LPTV or TV translator station airing an ATSC 1.0 or ATSC 3.0 
signal on the facilities of a Class A host station must comply with the 
rules governing power levels and interference applicable to Class A 
television stations, and must comply in all other respects with the 
rules and policies applicable to LPTV or TV translator stations as set 
forth in Part 74 of this chapter.
    (b) Simulcasting requirement. An LPTV or TV translator station that 
elects voluntarily to simulcast while broadcasters are voluntarily 
deploying ATSC 3.0 must simulcast the primary video programming stream 
of their ATSC 3.0 signal in an ATSC 1.0 format. This requirement does 
not apply to any multicast streams aired on the ATSC 3.0 channel.
    (1) The programming aired on the ATSC 1.0 simulcast signal must be 
``substantially similar'' to that aired on the ATSC 3.0 primary video 
programming stream. For purposes of this section, ``substantially 
similar'' means that the programming must be the same except for 
advertisements, promotions for upcoming programs, and programming 
features that are based on the enhanced capabilities of ATSC 3.0. These 
enhanced capabilities include:
    (i) Hyper-localized content (e.g., geo-targeted weather, targeted 
emergency alerts, and hyper-local news):
    (ii) Programming features or improvements created for the ATSC 3.0 
service (e.g., emergency alert ``wake up'' ability and interactive 
program features);
    (iii) Enhanced formats made possible by ATSC 3.0 technology (e.g., 
4K or HDR); and
    (iv) Personalization of programming performed by the viewer and at 
the viewer's discretion.
    (2) For purposes of paragraph (b)(1) of this section, programming 
that airs at a different time on the ATSC 1.0 simulcast signal than on 
the primary video programming stream of the ATSC 3.0 signal is not 
considered ``substantially similar.''
    (3) The ``substantially similar'' requirement in paragraph (b)(1) of 
this section will sunset on July 17, 2027.
    (c) Transitioning directly to ATSC 3.0. LPTV and TV translator 
stations may transition directly from ATSC 1.0 to ATSC 3.0 operation 
without simulcasting.
    (d) Coverage requirements for the ATSC 1.0 simulcast channel. For 
LPTV and TV translator stations that elect voluntarily to simulcast and 
temporarily to relocate their ATSC 1.0 signal to the facilities of a 
host station for purposes of deploying ATSC 3.0 service (and that 
convert their existing facilities to ATSC 3.0), the station:
    (1) Must maintain overlap between the protected contour of its 
existing facilities and its ATSC 1.0 simulcast signal;
    (2) May not relocate its ATSC 1.0 simulcast signal more than 30 
miles from the reference coordinates of the relocating station's 
existing antenna location; and
    (3) Must select a host station assigned to the same Designated 
Market Area as the originating station (i.e., the station whose 
programming is being transmitted on the host station).
    (e) Coverage requirements for ATSC 3.0 signals. For LPTV and TV 
translator stations that elect voluntarily to simulcast and to continue 
broadcasting in ATSC 1.0 from the station's existing facilities and 
transmit an ATSC 3.0 signal from a host location, the ATSC 3.0 signal 
must be established on a host station assigned to the same DMA as the 
originating station.
    (f) Simulcasting agreements. (1) Simulcasting agreements must 
contain provisions outlining each licensee's rights and responsibilities 
regarding:

[[Page 490]]

    (i) Access to facilities, including whether each licensee will have 
unrestrained access to the host station's transmission facilities;
    (ii) Allocation of bandwidth within the host station's channel;
    (iii) 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;
    (iv) Conditions under which the simulcast agreement may be 
terminated, assigned or transferred; and
    (v) How a guest's station's (i.e., a station originating programming 
that is being transmitted using the facilities of a host station) signal 
may be transitioned off the host station.
    (2) LPTV and TV translators must maintain a written copy of any 
simulcasting agreement and provide it to the Commission upon request.
    (g) Licensing of simulcasting stations and stations converting to 
ATSC 3.0 operation. (1) Each station participating in a simulcasting 
arrangement pursuant to this section shall continue to be licensed and 
operated separately, have its own call sign, and be separately subject 
to all applicable Commission obligations, rules, and policies. ATSC 1.0 
and ATSC 3.0 signals aired on the facilities of a host station will be 
licensed as temporary second channels of the originating station. The 
Commission will include a note on the originating station's license 
identifying any ATSC 1.0 or ATSC 3.0 signal being aired on the 
facilities of a host station. The Commission will also include a note on 
a host station's license identifying any ATSC 1.0 or ATSC 3.0 guest 
signal(s) being aired on the facilities of the host station.
    (2) Application required. An LPTV or TV translator broadcaster must 
file an application (FCC Form 2100) with the Commission, and receive 
Commission approval, before:
    (i) Moving its ATSC 1.0 signal to the facilities of a host station, 
moving that signal from the facilities of an existing host station to 
the facilities of a different host station, or discontinuing an ATSC 1.0 
guest signal;
    (ii) Commencing the airing of an ATSC 3.0 signal on the facilities 
of a host station (that has already converted to ATSC 3.0 operation), 
moving its ATSC 3.0 signal to the facilities of a different host 
station, or discontinuing an ATSC 3.0 guest signal; or
    (iii) Converting its existing station to transmit an ATSC 3.0 signal 
or converting the station from ATSC 3.0 back to ATSC 1.0 transmissions.
    (3) Streamlined process. With respect to an application in paragraph 
(g)(2) of this section, an LPTV or TV translator broadcaster may file 
only an application for modification of license provided no other 
changes are being requested in such application that would require the 
filing of an application for a construction permit as otherwise required 
by the rules (see, e.g., Sec. Sec. 74.751 and 74.787).
    (4) Host station. A host station must first make any necessary 
changes to its facilities before a guest station may file an application 
to air a 1.0 or 3.0 signal on such host.
    (5) Expedited processing. An application filed in accordance with 
the streamlined process in paragraph (g)(3) of this section will receive 
expedited processing provided, for LPTV and TV translator stations 
seeking voluntarily to simulcast and to air an ATSC 1.0 signal on the 
facilities of a host station, the station will provide ATSC 1.0 service 
to at least 95 percent of the predicted population within the protected 
contour of its original ATSC 1.0 facility.
    (6) Required information. (i) An application in paragraph (g)(2) of 
this section must include the following information:
    (A) The station serving as the host, if applicable;
    (B) The technical facilities of the host station, if applicable;
    (C) The DMA of the originating broadcaster's facility and the DMA of 
the host station, if applicable; and
    (D) Any other information deemed necessary by the Commission to 
process the application.
    (ii) If an application in paragraph (g)(2) of this section includes 
a request to air an ATSC 1.0 signal on the facilities of a host station, 
the LPTV or TV translator broadcaster must also indicate on the 
application:

[[Page 491]]

    (A) The predicted population within the protected contour served by 
the station's original ATSC 1.0 signal;
    (B) The predicted population within the protected contour served by 
the station's original ATSC 1.0 signal that will lose the station's ATSC 
1.0 service as a result of the simulcasting arrangement, including 
identifying areas of service loss by providing a contour overlap map; 
and
    (C) Whether the ATSC 1.0 simulcast signal aired on the host station 
will serve at least 95 percent of the population in paragraph 
(g)(6)(ii)(A) of this section.
    (iii) If an application in paragraph (g)(2) of this section includes 
a request to air an ATSC 1.0 signal on the facilities of a host station 
and does not meet the 95 percent standard in paragraph (g)(6)(ii) of 
this section, the application must contain, in addition to the 
information in paragraphs (g)(6)(i) and (ii) of this section, the 
following information:
    (A) Whether there is another possible host station(s) in the market 
that would result in less service loss to existing viewers and, if so, 
why the Next Gen TV broadcaster chose to partner with a host station 
creating a larger service loss;
    (B) What steps, if any, the station plans to take to minimize the 
impact of the service loss (e.g., providing ATSC 3.0 dongles, set-top 
boxes, or gateway devices to viewers in the loss area); and
    (C) The public interest benefits of the simulcasting arrangement and 
a showing of why the benefit(s) of granting the application would 
outweigh the harm(s). These applications will be considered on a case-
by-case basis.
    (h) Consumer education for Next Gen TV stations. (1) LPTV and TV 
translator stations that elect voluntarily to simulcast and that 
relocate their ATSC 1.0 signals (e.g., moving to a host station's 
facilities, subsequently moving to a different host, or returning to its 
original facility) will be required to air daily Public Service 
Announcements (PSAs) or crawls every day for 30 days prior to the date 
that the stations will terminate ATSC 1.0 operations on their existing 
facilities. LPTV and TV translator stations that transition directly to 
ATSC 3.0 will be required to air daily Public Service Announcements 
(PSAs) or crawls every day for 30 days prior to the date that the 
stations will terminate ATSC 1.0 operations.
    (2) PSAs. Each PSA must be provided in the same language as a 
majority of the programming carried by the transitioning station and be 
closed-captioned.
    (3) Crawls. Each crawl must be provided in the same language as a 
majority of the programming carried by the transitioning station.
    (4) Content of PSAs or crawls. For stations relocating their ATSC 
1.0 signals or transitioning directly to ATSC 3.0, each PSA or crawl 
must provide all pertinent information to consumers.
    (i) Notice to MVPDs. (1) Next Gen TV stations relocating their ATSC 
1.0 simulcast signals (e.g., moving to a temporary host station's 
facilities, subsequently moving to a different host, or returning to its 
original facility) must provide notice to MVPDs that:
    (i) No longer will be required to carry the station's ATSC 1.0 
signal due to the relocation; or
    (ii) Carry and will continue to be obligated to carry the station's 
ATSC 1.0 signal from the new location.
    (2) The notice required by this section must contain the following 
information:
    (i) Date and time of any ATSC 1.0 channel changes;
    (ii) The ATSC 1.0 channel occupied by the station before and after 
commencement of local simulcasting;
    (iii) Modification, if any, to antenna position, location, or power 
levels;
    (iv) Stream identification information; and
    (v) Engineering staff contact information.
    (3) If any of the information in paragraph (f)(2) of this section 
changes, an amended notification must be sent.
    (4)(i) Next Gen TV stations must provide notice as required by this 
section:
    (A) At least 120 days in advance of relocating their ATSC 1.0 
simulcast signals if the relocation occurs during the post-incentive 
auction transition period; or
    (B) At least 90 days in advance of relocating their 1.0 simulcast 
signals if

[[Page 492]]

the relocation occurs after the post-incentive auction transition 
period.
    (ii) If the anticipated date of the ATSC 1.0 service relocation 
changes, the station must send a further notice to affected MVPDs 
informing them of the new anticipated date.
    (5) Next Gen TV stations may choose whether to provide notice as 
required by this section either by a letter notification or 
electronically via email if the relevant MVPD agrees to receive such 
notices by email. Letter notifications to MVPDs must be sent by 
certified mail, return receipt requested to the MVPD's address in the 
FCC's Online Public Inspection File (OPIF), if the MVPD has an online 
file. For cable systems that do not have an online file, notices must be 
sent to the cable system's official address of record provided in the 
system's most recent filing in the FCC's Cable Operations and Licensing 
System (COALS). For MVPDs with no official address in OPIF or COALS, the 
letter must be sent to the MVPD's official corporate address registered 
with their State of incorporation.

[83 FR 5026, Feb. 2, 2018, as amended at 85 FR 43492, July 17, 2020; 88 
FR 45368, July 17, 2023]



Sec. 74.783  Station identification.

    (a) Each low power TV station as defined by Sec. 74.701(f) must 
transmit its station identification using one of the following methods:
    (1) When originating programming, as defined by Sec. 74.701(h), a 
low power TV station may use the station identification procedures given 
in Sec. 73.1201 of this chapter on its primary stream. Other streams 
may use the method in paragraph (a)(2) of this section. The 
identification procedures given in the remainder of this paragraph are 
to be used at any time the station is not originating programming; or
    (2) By transmitting the call sign in the short channel name field of 
the Program and System and Information Protocol (PSIP) (or its ATSC 3.0 
equivalent) for at least one stream on the station. If the station is 
assigned an alphanumeric call sign consistent with Sec. 74.791(d) and 
its call sign has more than 7 characters, it may drop the ``-D'' from 
the end of the call sign when identifying with this method; or
    (3) By arranging for the primary station, whose signal is being 
rebroadcast, to identify the low power TV station by transmitting an 
easily readable visual presentation or a clearly understandable aural 
presentation of the low power TV station's call letters and location. 
Two such identifications shall be made between 7 a.m. and 9 a.m. and 3 
p.m. and 5 p.m. each broadcast day at approximately one hour intervals 
during each time period. Television stations which do not begin their 
broadcast day before 9 a.m. shall make these identifications in the 
hours closest to these time periods at the specified intervals.
    (b) Licensees of television translator stations may arrange for 
identification via the method in paragraph (a)(3) of this section. 
Licensees of television translators who make such arrangements for 
station identification to be made by the television station whose 
signals are being rebroadcast by the translator, must secure agreement 
with this television station licensee to keep in its file, and available 
to FCC personnel, the translator's call letters and location, giving the 
name, address, and telephone number of the licensee or his service 
representative to be contacted in the event of malfunction of the 
translator. It shall be the responsibility of the translator licensee to 
furnish current information to the television station licensee for this 
purpose.
    (c) Transport Stream ID (TSID) values are identification numbers 
assigned to stations by the FCC and stored in the Commission's online 
database. Two sequential values are assigned to each station.
    (1) All low power TV stations originating programming shall transmit 
their assigned odd-numbered TSID, if one has been assigned. All TV 
translator stations, and low power TV stations not originating 
programming, shall pass through the assigned TSID of the originating 
station, unless the translator or low power TV station is modifying the 
signal of one or more originating stations in such a way that it is not 
clear which originating station's TSID should be used. In that case, the 
station shall transmit its assigned odd-numbered TSID if one has been 
assigned.

[[Page 493]]

    (2) In ATSC 3.0, a similar value is used called a Bit Stream ID 
(BSID). LPTV stations operating in ATSC 3.0 mode shall utilize their 
assigned even-numbered TSID as their BSID, and LPTV/translator stations 
shall transmit the BSID as otherwise required of the TSID in paragraph 
(d)(1) of this section.

[88 FR 30670, May 12, 2023]



Sec. 74.784  Rebroadcasts.

    (a) The term rebroadcast means the reception by radio of the 
programs or other signals of a radio or television station and the 
simultaneous or subsequent retransmission of such programs or signals 
for direct reception by the general public.
    (b) The licensee of a low power TV or TV translator station shall 
not rebroadcast the programs of any other TV broadcast station or other 
station authorized under the provisions of this subpart without 
obtaining prior consent of the station whose signals or programs are 
proposed to be retransmitted. The FCC shall be notified of the call 
letters of each station rebroadcast, and the licensee of the low power 
TV or TV broadcast translator station shall certify it has obtained 
written consent from the licensee of the station whose programs are 
being retransmitted. This notification shall be provided by email to 
[email protected], the Video Division's email box.
    (c) A TV translator station may rebroadcast only programs and 
signals that are simultaneously transmitted by a TV broadcast station.
    (d) [Reserved]
    (e) The provisions of Sec. 73.1207 of part 73 of this chapter apply 
to low power TV stations in transmitting any material during periods of 
program origination obtained from the transmissions of any other type of 
station.

[28 FR 13722, Dec. 14, 1963, as amended at 47 FR 21502, May 18, 1982; 52 
FR 31405, Aug. 20, 1987; 63 FR 33879, June 22, 1998; 67 FR 13234, Mar. 
21, 2002; 87 FR 58204, Sept. 23, 2022; 88 FR 30670, May 12, 2023]



Sec. 74.785  Low power TV digital data service pilot project.

    Low power TV stations authorized pursuant to the LPTV Digital Data 
Services Act (Public Law 106-554, 114 Stat. 4577, December 1, 2000) to 
participate in a digital data service pilot project shall be subject to 
the provisions of the Commission Order implementing that Act. FCC 01-
137, adopted April 19, 2001, as modified by the Commission Order on 
Reconsideration, FCC 02-40, adopted February 12, 2002.

[67 FR 9621, Mar. 4, 2002]



Sec. 74.786  [Reserved]



Sec. 74.787  Licensing.

    (a) Applications for low power television and television translator 
stations.
    (1)-(2) [Reserved]
    (3) Construction permit applications for new stations, major changes 
to existing stations in the low power television service. A public 
notice will specify the date upon which interested parties may begin to 
file applications for new stations and major facilities changes to 
existing stations in the low power television service. It will specify 
parameters for any applications that may be filed. Applications 
submitted prior to date announced by the public notice will be returned 
as premature. Such applications shall be accepted on a first-come, 
first-served basis, and shall be filed on FCC Form 2100, Schedule C. 
Applications for new or major change shall be subject to the appropriate 
application fee. Mutually exclusive applications shall be resolved via 
the Commission's part 1 and broadcast competitive bidding rules, Sec. 
1.2100 et seq., and Sec. 73.5000 et seq. of this chapter. Such 
applicants shall be afforded an opportunity to submit settlements and 
engineering solutions to resolve mutual exclusivity pursuant to Sec. 
73.5002(d) of this chapter.
    (4) Displacement applications. A low power television, television 
translator, or DRT or DTDRT station which is causing or receiving 
interference or is predicted to cause or receive interference to or from 
an authorized TV broadcast station or allotment or other protected 
station or service, may at any time file a displacement relief 
application for change in channel, together with technical modifications 
that are necessary to avoid interference or continue serving the 
station's protected service area, provided

[[Page 494]]

the proposed transmitter site is not located more than 30 miles from the 
reference coordinates of the existing station's community of license. 
See Sec. 76.53 of this chapter. A displacement relief application shall 
be filed on FCC Form 2100, Schedule C, and will be considered a minor 
change and will be placed on public notice for a period of not less than 
30 days to permit the filing of petitions to deny. These applications 
will not be subject to the filing of competing applications. Where a 
displacement relief application for a low power television or television 
translator station becomes mutually exclusive with the application(s) 
for new low power television or television translator stations, or with 
other non-displacement relief applications for facilities modifications 
of low power television or television translator stations, priority will 
be afforded to the displacement application for the low power television 
or television translator station to the exclusion of other applications. 
Mutually exclusive displacement relief applications for low power 
television and television translator stations shall be resolved via the 
Commission's rules in part 1 of this chapter and broadcast competitive 
bidding rules in Sec. Sec. 1.2100 through 1.2209 and 73.5000 through 
73.5009 of this chapter. Such applicants shall be afforded an 
opportunity to submit settlements and engineering solutions to resolve 
mutual exclusivity pursuant to Sec. 73.5002(d) of this chapter.
    (5) Applications for analog-to-digital and digital-to-digital 
replacement television translators. (i) Applications for new DRTs and 
DTDRTs are no longer accepted.
    (ii) [Reserved]
    (iii) Displacement applications for DRTs and DTDRTs shall be given 
processing priority over all other low power television and TV 
translator new, minor change, or displacement applications except 
displacement applications for other DRTs and DTDRTs with which they 
shall have co-equal priority.
    (iv) [Reserved]
    (v) ``Pre-auction digital service area'' is defined as the 
geographic area within the full power station's noise-limited contour 
(as set forth in Public Notice, DA 15-1296, released November 12, 2015). 
The service area of the digital-to-digital replacement translator shall 
be limited to only the demonstrated loss area within the full power 
station's pre-auction digital service area, provided that an applicant 
for a digital-to-digital replacement television translator may propose a 
de minimis expansion of its full power pre-auction digital service area 
upon demonstrating that the expansion is necessary to replace a loss in 
its pre-auction digital service area.
    (vi) The license for the analog-to-digital and digital-to-digital 
replacement television translator will be associated with the full power 
station's main license, will be assigned the same call sign, may not be 
separately assigned or transferred, and will be renewed with the full 
power station's main license.
    (vii) Analog-to-digital and digital-to-digital replacement 
television translators may operate only on those television channels 
designated for broadcast television in Sec. 74.702.
    (b) Definitions of ``major'' and ``minor'' changes to low power 
television and television translator stations. (1) Applications for 
major changes in low power television and television translator stations 
include:
    (i) Any change in the frequency (output channel) not related to 
displacement relief;
    (ii) Any change in transmitting antenna location where the protected 
contour resulting from the change does not overlap some portion of the 
protected contour of the authorized facilities of the existing station; 
or
    (iii) Any change in transmitting antenna location of greater than 30 
miles (48 kilometers) from the reference coordinates of the existing 
station's antenna location.
    (2) Other facilities changes will be considered minor including 
changes made to implement a channel sharing arrangement provided they 
comply with the other provisions of this section.
    (c) Licensing. An application to construct a new low power TV or TV 
translator station or change the facilities of an existing station will 
not be accepted if it fails to protect an authorized Class A, low power 
TV, or TV translator station or an application for

[[Page 495]]

such a station filed prior to the date the low power TV or TV translator 
application is filed.

[69 FR 69333, Nov. 29, 2004, as amended at 74 FR 23655, May 20, 2009; 76 
FR 44828, July 27, 2011; 81 FR 5053, Feb. 1, 2016; 83 FR 13683, Mar. 30, 
2018; 84 FR 2759, Feb. 8, 2019; 86 FR 66214, Nov. 22, 2021; 87 FR 58204, 
Sept. 23, 2022; 88 FR 30670, May 12, 2023]



Sec. 74.789  [Reserved]



Sec. 74.790  Permissible service of TV translator and LPTV stations.

    (a) TV translator stations provide a means whereby the signals of 
broadcast stations may be retransmitted to areas in which direct 
reception of such stations is unsatisfactory due to distance or 
intervening terrain barriers.
    (b) Except as provided in paragraph (f) of this section, a TV 
translator station may be used only to receive the signals of a TV 
broadcast station, another TV translator station, a TV translator relay 
station, a television intercity relay station, a television STL station, 
or other suitable sources such as a CARS or common carrier microwave 
station, for the simultaneous retransmission of the programs and signals 
of a TV broadcast station. Such retransmissions may be accomplished by 
any of the following means:
    (1) Reception of TV broadcast station programs and signals directly 
through space and conversion to a different channel by one of the 
following transmission modes:
    (i) Heterodyne frequency conversion and suitable amplification, 
subject to a digital output power limit of 30 watts for transmitters 
operating on channels 14-69 and 3 watts for transmitters operating on 
channels 2-13; or
    (ii) Digital signal regeneration (i.e., signal demodulation, 
decoding, error processing, encoding, remodulation, and frequency 
upconversion) and suitable amplification; or,
    (2) Demodulation, remodulation, and amplification of TV broadcast 
station programs and signals received through a microwave transport.
    (c) The transmissions of each TV translator station shall be 
intended for direct reception by the general public, and any other use 
shall be incidental thereto. A TV translator station shall not be 
operated solely for the purpose of relaying signals to one or more fixed 
receiving points for retransmission, distribution, or further relaying.
    (d) Except as provided in paragraphs (e) and (f) of this section, 
the technical characteristics of the retransmitted signals shall not be 
deliberately altered so as to hinder reception on consumer TV broadcast 
receiving equipment.
    (e) A TV translator station shall not retransmit the programs and 
signals of any TV broadcast station(s) without the prior written consent 
of such station(s). A TV translator may multiplex on its output channel 
the video program services of two or more TV broadcast stations, 
pursuant to arrangements with all affected stations, and for this 
limited purpose, is permitted to alter a TV broadcast signal.
    (f) A TV translator station may transmit locally originated visual 
and/or aural messages limited to emergency warnings of imminent danger, 
to local public service announcements (PSAs) and to seeking or 
acknowledging financial support deemed necessary to the continued 
operation of the station. Acknowledgments of financial support may 
include identification of the contributors, the size and nature of the 
contribution and the advertising messages of the contributors. The 
originations concerning financial support and PSAs are limited to 30 
seconds each, no more than once per hour. Emergency transmissions shall 
be no longer or more frequent than necessary to protect life and 
property. Such originations may be accomplished by any technical means 
agreed upon between the TV translator and TV station whose signal is 
being retransmitted, but must be capable of being received on consumer 
TV broadcast reception equipment.
    (g) An LPTV station may operate under the following modes of 
service:
    (1) For the retransmission of programming of a TV broadcast station, 
subject to the prior written consent of the station whose signal is 
being retransmitted.
    (2) For the origination of programming and commercial matter as 
defined in Sec. 74.701(l).
    (3) Whenever operating, an LPTV station must transmit at least one 
over-

[[Page 496]]

the-air video program signal at no direct charge to viewers at a 
resolution of at least 480i (vertical resolution of 480 lines, 
interlaced).
    (4) An LPTV station may dynamically alter the bit stream of its 
signal to transmit one or more video program services in any established 
DTV video format.
    (h) An LPTV station is not subject to minimum required hours of 
operation and may operate in either of the two modes described in 
paragraph (g) of this section for any number of hours.
    (i) Upon transmitting a signal that meets the requirements of 
paragraph (g)(3) of this section, an LPTV station may offer services of 
any nature, consistent with the public interest, convenience, and 
necessity, on an ancillary or supplementary basis in accordance with the 
provisions of Sec. 73.624(c) and (g) of this chapter.
    (j) An LPTV station may not be operated solely for the purpose of 
relaying signals to one or more fixed receiving points for 
retransmission, distribution or relaying.
    (k) An LPTV station may receive input signals for transmission or 
retransmission by any technical means, including those specified in 
paragraph (b) of this section.
    (l) As necessary, a TV translator shall modify, to avoid TV 
reception tuning conflicts with other stations, the Program System and 
Information Protocol (PSIP) information in the TV broadcast signal being 
retransmitted.
    (m) Low power television and TV translator stations may no longer 
operate any facility in analog (NTSC) mode.
    (n) An LPTV station shall transmit at least the minimum Program 
System and Information Protocol (PSIP) information necessary for 
receivers to display the station's programming. The station is not 
required to utilize any specific virtual channel number but must avoid 
creating a contour overlap with any full power TV or Class A TV 
station's virtual channel, or creating a contour overlap with another 
LPTV station using the same virtual channel.
    (o) Provision of analog FM radio operations by digital LPTV channel 
6 stations (FM6 LPTV stations). FM6 LPTV stations may provide analog FM 
radio operations (FM6 operations) on an ancillary or supplementary basis 
subject to the following:
    (1) The FM6 LPTV station must have been providing FM6 operations 
pursuant to an active engineering special temporary authority on June 7, 
2022, or as otherwise permitted by the Commission.
    (2) The FM6 LPTV station must be operating in ATSC 3.0 digital 
format, as authorized in Sec. 74.782.
    (3) FM6 operations may only be conducted on 87.75 MHz.
    (4) FM6 operations shall be conducted on a non-interference basis to 
any other licensed user, including but not limited to broadcast 
television or radio users.
    (5) The FM6 LPTV station's FM6 service contour must be contained 
within and may not exceed the protected contour of the FM6 LPTV 
station's synchronized video/audio programming stream. These contours 
shall be determined using established methodologies in Sec. 73.313 of 
this chapter (FM radio) and Sec. 74.792 (LPTV).
    (6) The FM6 LPTV station must provide at least one stream of 
synchronized video and audio programming, at any time the station is 
operating.
    (7) FM6 LPTV stations may make minor modifications to their 
technical facilities, as otherwise permitted under part 73 of this 
chapter or this part, so long as the station's proposed modified 
``protected contour,'' as defined in Sec. 74.792, does not exceed its 
protected contour as it was authorized on July 20, 2023, or where the 
station can demonstrate that such change is being made due to an 
engineering necessity such as the loss of a tower site or change in 
equipment due to malfunction and where the station can also demonstrate 
that the modification will not cause any interference to other licensed 
users.
    (8) FM6 LPTV stations may be assigned or transferred; however, an 
FM6 LPTV station's FM6 operation is not severable from its digital 
license and may not be assigned or transferred separate from the FM6 
LPTV station.
    (9)-(10) [Reserved]
    (11) FM6 LPTV stations shall continue to be subject to all rules in 
part

[[Page 497]]

73 of this chapter and this part applicable to low power television 
stations. In addition, the following rules shall apply to FM6 LPTV 
stations with respect to their FM6 operations:
    (i) Part 11 of this chapter The Emergency Alert System (EAS).
    (ii) Section 73.293, Use of FM multiplex subcarriers.
    (iii) Section 73.295, FM subsidiary communications services.
    (iv) Section 73.297, FM stereophonic sound broadcasting.
    (v) Section 73.310, FM technical definitions.
    (vi) Section 73.313, Prediction of coverage.
    (vii) Section 73.319, FM multiplex subcarrier technical standards.
    (viii) Section 73.322, FM stereophonic sound transmission standards.
    (ix) Section 73.333, Engineering charts.
    (x) Section 73.1201, Station identification.
    (xi) Section 73.1206, Broadcast of telephone conversations.
    (xii) Section 73.1207, Rebroadcasts.
    (xiii) Section 73.1208, Broadcast of taped, filmed, or recorded 
material.
    (xiv) Section 73.1209, References to time.
    (xv) Section 73.1211, Broadcast of lottery information.
    (xvi) Section 73.1212, Sponsorship identification; list retention; 
related requirements.
    (xvii) Section 73.1216, Licensee-conducted contests.
    (xviii) Section 73.1217, Broadcast hoaxes.
    (xix) Section 73.1250, Broadcasting emergency information.
    (xx) Section 73.1300, Unattended station operation.
    (xxi) Section 73.1635, Special temporary authorizations (STA).
    (xxii) Section 73.1740, Minimum operating schedule.
    (xxiii) Section 73.1750, Discontinuance of operation.
    (xxiv) Section 73.1940, Legally qualified candidates for public 
office.
    (xxv) Section 73.1941, Equal opportunities.
    (xxvi) Section 73.1942, Candidate rates.
    (xxvii) Section 73.1943, Political file.
    (xxviii) Section 73.1944, Reasonable access.
    (xxix) Section 73.2080, Equal employment opportunities (EEO).
    (xxx) Section 73.3526, Online public inspection file of commercial 
stations.
    (xxxi) Section 73.4005, Advertising--refusal to sell.
    (xxxii) Section 73.4045, Barter agreements.
    (xxxiii) Section 73.4055, Cigarette advertising.
    (xxxiv) Section 73.4060, Citizens agreements.
    (xxxv) Section 73.4075, Commercials, loud.
    (xxxvi) Section 73.4095, Drug lyrics.
    (xxxvii) Section 73.4097, EBS (now EAS) attention signals on 
automated programing systems.
    (xxxviii) Section 73.4165, Obscene language.
    (xxxix) Section 73.4170, Obscene broadcasts.
    (xl) Section 73.4180, Payment disclosure: Payola, plugola, 
kickbacks.
    (xli) Section 73.4185, Political broadcasting and telecasting, the 
law of.
    (xlii) Section 73.4190, Political candidate authorization notice and 
sponsorship identification.
    (xliii) Section 73.4215, Program matter: Supplier identification.
    (xliv) Section 73.4242, Sponsorship identification rules, 
applicability of.
    (xlv) Section 73.4250, Subliminal perception.
    (xlvi) Section 73.4255, Tax certificates: Issuance of.
    (xlvii) Section 73.4260, Teaser announcements.
    (xlviii) Section 73.4265, Telephone conversation broadcasts (network 
and like sources).

[69 FR 69334, Nov. 29, 2004, as amended at 87 FR 58205, Sept. 23, 2022; 
88 FR 30670, May 12, 2023; 88 FR 59468, Aug. 29, 2023]

    Effective Date Note: At 88 FR 59469, Aug. 29, 2023, Sec. 74.790 was 
amended by adding paragraphs (o)(9) and (10), effective date delayed 
indefinitely. For the convenience of the user, the added text is set 
forth as follows:



Sec. 74.790  Permissible service of digital TV translator and LPTV 
          stations.

                                * * * * *

    (o) * * *
    (9) FM6 LPTV stations must notify the Media Bureau within 30 days of 
permanently

[[Page 498]]

ceasing FM6 operations. Such notification hall be made by written letter 
and mailed to the FCC Office of the Secretary, Attention: Chief, Video 
Division, Media Bureau. If an FM6 LPTV station permanently ceases FM6 
operations, FM6 operations may not resume.
    (10) FM6 LPTV stations must certify in an attachment to their 
license renewal application that they have continued to provide FM6 
service in accordance with the FM6 rules in this section during the 
prior license term.

                                * * * * *



Sec. 74.791  Call signs.

    (a) Low power stations. Call signs for low power stations will be 
made up of a prefix consisting of the initial letter K or W followed by 
the channel number assigned to the station and two additional letters 
and a suffix consisting of the letters -D.
    (b) Television translator stations. Call signs for digital 
television translator stations will be made up of a prefix consisting of 
the initial letter K or W followed by the channel number assigned to the 
station and two additional letters and a suffix consisting of the letter 
-D.
    (c) Low power television stations and Class A television stations. 
Low power television and Class A television stations may be assigned a 
call sign with a four-letter prefix pursuant to Sec. 73.3550 of this 
chapter. Low power stations with four-letter prefixes will be assigned 
the suffix -LD and digital Class A stations with four-letter prefixes 
will be assigned the suffix -CD.
    (d) Call sign protocol. The use of the initial letter generally will 
follow the pattern used in the broadcast service, i.e., stations west of 
the Mississippi River will be assigned an initial letter K and those 
east, the letter W. The two letter combinations following the channel 
number will be assigned in order, and requests for the assignment of the 
particular combinations of letters will not be considered. The channel 
number designator for Channels 2 through 9 will be incorporated in the 
call sign as a 2-digit number, i.e., 02, 03, etc., so as to avoid 
similarities with call signs assigned to amateur radio stations. In the 
event that the two letter combination following the channel numbers 
reaches ZZ, the next subsequent call sign shall have three letters, 
beginning with AAA.

[87 FR 58206, Sept. 23, 2022, as amended at 88 FR 30670, May 12, 2023]



Sec. 74.792  Low power TV and TV translator station protected contour.

    (a) A low power TV or TV translator will be protected from 
interference from other low power TV, TV translator, or Class A TV 
stations within the following predicted contours:
    (1) 43 dBu for stations on Channels 2 through 6;
    (2) 48 dBu for stations on Channels 7 through 13; and
    (3) 51 dBu for stations on Channels 14 through 36.
    (b) The digital low power TV or TV translator protected contour is 
calculated from the authorized effective radiated power and antenna 
height above average terrain, using the F(50,90) signal propagation 
method specified in Sec. 73.625(b)(1) of this chapter.

[69 FR 69335, Nov. 29, 2004, as amended at 86 FR 66214, Nov. 22, 2021; 
87 FR 58206, Sept. 23, 2022]



Sec. 74.793  Low power TV and TV translator station protection of broadcast stations.

    (a) An application to construct a new low power TV or TV translator 
station or change the facilities of an existing station will not be 
accepted if it fails to meet the interference protection requirements in 
this section.
    (b) Except as provided in this section, interference prediction 
analysis is based on the interference thresholds (D/U signal strength 
ratios) and other criteria and methods specified in Sec. 73.623(c)(2) 
through (4) of this chapter. Predictions of interference to co-channel 
TV broadcast, Class A TV, LPTV, and TV translator stations will be based 
on the interference thresholds specified therein for ``DTV-into-DTV.''
    (c) The following D/U signal strength ratio (dB) shall apply to the 
protection of stations on the first adjacent channel. The D/U ratios 
correspond to the LPTV or TV translator station's specified out-of-
channel emission mask.

[[Page 499]]



                        Table 1 to Paragraph (c)
------------------------------------------------------------------------
                             Stringent
       Simple mask             mask             Full service mask
------------------------------------------------------------------------
-7.......................          -12   Lower (-28)/Upper (-26).
------------------------------------------------------------------------

    (d) For analysis of predicted interference from digital low power TV 
and TV translator stations, the relative field strength values of the 
antenna vertical radiation pattern if provided by the applicant will be 
used instead of the doubled values in Table 8 in OET Bulletin 69 up to a 
value of 1.0.
    (e) Protection to the authorized facilities of DTV broadcast 
stations shall be based on not causing predicted interference to the 
population within the service area defined and described in Sec. 
73.622(e) of this chapter, except that a digital low power TV or TV 
translator station must not cause a loss of service to 0.5 percent or 
more of the population predicted to receive service from the authorized 
DTV facilities.
    (f) [Reserved]
    (g) Protection to the authorized facilities of Class A and digital 
Class A TV stations shall be based on not causing predicted interference 
to the population within the service area defined and described in Sec. 
73.6010 (a) through (d) of this chapter, respectively, except that a 
digital low power TV or TV translator station must not cause a loss of 
service to 0.5 percent or more of the population predicted to receive 
service from the authorized Class A TV or digital Class A TV facilities.
    (h) Protection to the authorized facilities of low power TV and TV 
translator stations shall be based on not causing predicted interference 
to the population within the service area defined and described in Sec. 
74.792, except that a digital low power TV or TV translator station must 
not cause a loss of service to 2.0 percent or more of the population 
predicted to receive service from the authorized low power TV or TV 
translator station.

[69 FR 69335, Nov. 29, 2004, as amended at 76 FR 44828, July 27, 2011; 
87 FR 58206, Sept. 23, 2022]



Sec. 74.794  Digital emissions.

    (a)(1) An applicant for a LPTV or TV translator station construction 
permit shall specify that the station will be constructed to confine 
out-of-channel emissions within one of the following emission masks: 
Simple, stringent, or full service.
    (2) The power level of emissions on frequencies outside the 
authorized channel of operation must be attenuated no less than 
following amounts below the average transmitted power within the 
authorized 6 MHz channel. In the mask specifications listed in Sec. 
74.794(a)(2) and (a)(3), A is the attenuation in dB and [Delta]f is the 
frequency difference in MHz from the edge of the channel.
    (i) Simple mask. At the channel edges, emissions must be attenuated 
no less than 46 dB. More than 6 MHz from the channel edges, emissions 
must be attenuated no less than 71 dB. At any frequency between 0 and 6 
MHz from the channel edges, emissions must be attenuated no less than 
the value determined by the following formula:

A (dB) = 46 + ([Delta]f\2\ /1.44)

    (ii) Stringent mask. In the first 500 kHz from the channel edges, 
emissions must be attenuated no less than 47 dB. More than 3 MHz from 
the channel edges, emissions must be attenuated no less than 76 dB. At 
any frequency between 0.5 and 3 MHz from the channel edges, emissions 
must be attenuated no less than the value determined by the following 
formula:

A(dB) = 47 + 11.5 ([Delta]f-0.5)

    (iii) Full service mask: (A) The power level of emissions on 
frequencies outside the authorized channel of operation must be 
attenuated no less than the following amounts below the average 
transmitted power within the authorized channel. In the first 500 kHz 
from the channel edge the emissions must be attenuated no less than 47 
dB. More than 6 MHz from the channel edge, emissions must be attenuated 
no less than 110 dB. At any frequency between 0.5 and 6 MHz from the 
channel edge, emissions must be attenuated no less than the value 
determined by the following formula:

Attenuation in dB = -11.5([Delta]f + 3.6);

Where:

[Delta] f = frequency difference in MHz from the edge of the channel.


[[Page 500]]


    (B) This attenuation is based on a measurement bandwidth of 500 kHz. 
Other measurement bandwidths may be used as long as appropriate 
correction factors are applied. Measurements need not be made any closer 
to the band edge than one half of the resolution bandwidth of the 
measuring instrument. Emissions include sidebands, spurious emissions 
and radio frequency harmonics. Attenuation is to be measured at the 
output terminals of the transmitter (including any filters that may be 
employed). In the event of interference caused to any service, greater 
attenuation may be required.
    (3) The attenuation values for the simple and stringent emission 
masks are based on a measurement bandwidth of 500 kHz. Other measurement 
bandwidths may be used and converted to the reference 500 kHz value by 
the following formula:

A(dB) = Aalternate + 10 log (BWalternate / 500)


where A(dB) is the measured or calculated attenuation value for the 
reference 500 kHz bandwidth, and Aalternate is the measured 
or calculated attenuation for a bandwidth BWalternate. 
Emissions include sidebands, spurious emissions and radio harmonics. 
Attenuation is to be measured at the output terminals of the transmitter 
(including any filters that may be employed). In the event of 
interference caused to any service by out-of-channel emissions, greater 
attenuation may be required.
    (b) In addition to meeting the emission attenuation requirements of 
the simple or stringent mask (including attenuation of radio frequency 
harmonics), digital low power TV and TV translator stations authorized 
to operate on TV channels 22-24, (518-536 MHz), 32-36 (578-608 MHz), 38 
(614-620 MHz), and 65-69 (776-806 MHz) must provide specific ``out of 
band'' protection to Radio Navigation Satellite Services in the bands: 
L5 (1164-1215 MHz); L2 (1215-1240 MHz) and L1 (1559-1610 MHz).
    (1) An FCC-certificated transmitter specifically certified for use 
on one or more of the above channels must include filtering with an 
attenuation of not less than 85 dB in the GPS bands, which will have the 
effect of reducing harmonics in the GPS bands from what is produced by 
the digital transmitter, and this attenuation must be demonstrated as 
part of the certification application to the Commission.
    (2) For an installation on one of the above channels with a digital 
transmitter not specifically FCC-certificated for the channel, a low 
pass filter or equivalent device rated by its manufacturer to have an 
attenuation of at least 85 dB in the GPS bands, which will have the 
effect of reducing harmonics in the GPS bands from what is produced by 
the digital transmitter, and must be installed in a manner that will 
prevent the harmonic emission content from reaching the antenna. A 
description of the low pass filter or equivalent device with the 
manufacturer's rating or a report of measurements by a qualified 
individual shall be retained with the station license. Field 
measurements of the second or third harmonic output of a transmitter so 
equipped are not required.

[69 FR 69336, Nov. 29, 2004, as amended at 76 FR 44828, July 27, 2011; 
87 FR 58206, Sept. 23, 2022]



Sec. 74.795  Low power TV and TV translator transmission system facilities.

    (a) A low power TV or TV translator station shall operate with a 
transmitter that is either certificated for licensing based on the 
following provisions or has been modified for digital operation pursuant 
to Sec. 74.796.
    (b) The following requirements must be met before low power TV and 
TV translator transmitter will be certificated by the FCC:
    (1) The transmitter shall be designed to produce digital television 
signals that can be satisfactorily viewed on consumer receiving 
equipment based on the digital broadcast television transmission 
standard in Sec. 73.682(d) of this chapter;
    (2) Emissions on frequencies outside the authorized channel, 
measured at the output terminals of the transmitter (including any 
filters that may be employed), shall meet the requirements of Sec. 
74.794, as applicable;
    (3) The transmitter shall be equipped to display the digital power 
output (i.e., average power over a 6 MHz channel) and shall be designed 
to prevent the power output from exceeding the

[[Page 501]]

maximum rated power output under any condition;
    (4) When subjected to variations in ambient temperature between 0 
and 40 degrees Centigrade and variations in power main voltage between 
85% and 115% of the rated power supply voltage, the frequency stability 
of the local oscillator in the RF channel upconverter shall be 
maintained within 10 kHz of the nominal value;
    (5) The transmitter shall be equipped with suitable meters and jacks 
so that appropriate voltage and current measurements may be made while 
the transmitter is in operation; and
    (6) The apparatus must be equipped with automatic controls that will 
place it in a non-radiating condition when no signal is being received 
on the input channel, either due to absence of a transmitted signal or 
failure of the receiving portion of the facilities used for 
rebroadcasting the signal of another station. The automatic control may 
include a time delay feature to prevent interruptions caused by fading 
or other momentary failures of the incoming signal; and
    (7) Wiring, shielding, and construction shall be in accordance with 
accepted principles of good engineering practice.
    (c) The following additional requirements apply to digital 
heterodyne translators:
    (1) The maximum rated power output (digital average power over a 6 
MHz channel) shall not exceed 30 watts for transmitters operating on 
channels 14-51 and 3 watts for transmitters operating on channels 2-13; 
and
    (2) The transmitter shall contain circuits which will maintain the 
digital average power output constant within 1 dB when the strength of 
the input signal is varied over a range of 30 dB.
    (d) Certification will be granted only upon a satisfactory showing 
that the transmitter is capable of meeting the requirements of paragraph 
(b) of this section, pursuant to the procedures described in Sec. 
74.750(e).

[69 FR 69336, Nov. 29, 2004, as amended at 86 FR 66214, Nov. 22, 2021; 
87 FR 58206, Sept. 23, 2022; 88 FR 30671, May 12, 2023]



Sec. 74.796  Modification of transmission systems.

    (a) The provisions of Sec. 74.751 shall apply to the modification 
of low power TV and TV translator transmission systems.
    (b) The following additional provisions shall apply to the 
modification of existing analog transmissions systems for digital 
operation, including installation of manufacturers' certificated 
equipment (``field modification kits'') and custom modifications.
    (1) The modifications and related performance-testing shall be 
undertaken by a person or persons qualified to perform such work.
    (2) The final amplifier stage of an analog transmitter modified for 
digital operation shall not have an ``average digital power'' output 
greater than 25 percent of its previous NTSC peak sync power output, 
unless the amplifier has been specifically refitted or replaced to 
operate at a higher power.
    (3) Analog heterodyne translators, when modified for digital 
operation, will produce a power output (digital average power over the 6 
MHz channel) not exceeding 30 watts for transmitters operating on 
channels 14-69 and 3 watts for transmitters operating on channels 2-13.
    (4) After completion of the modification, suitable tests and 
measurements shall be made to demonstrate compliance with the applicable 
requirements in this section including those in Sec. 74.795. Upon 
installation of a field modification kit, the transmitter shall be 
performance-tested in accordance with the manufacturer's instructions.
    (5) The station licensee shall notify the Commission upon completion 
of the transmitter modifications. In the case of custom modifications 
(those not related to installation of manufacturer-supplied and FCC-
certificated equipment), the licensee shall certify compliance with all 
applicable transmission system requirements.
    (6) The licensee shall maintain with the station's records for a 
period of not less than two years the following information and make 
this information to the Commission upon request:
    (i) A description of the modifications performed and performance 
tests or, in

[[Page 502]]

the case of installation of a manufacturer-supplied modification kit, a 
description of the nature of the modifications, installation and test 
instructions and other material provided by the manufacturer;
    (ii) Results of performance-tests and measurements on the modified 
transmitter; and
    (iii) Copies of related correspondence with the Commission.
    (c) In connection with the on-channel conversion of existing analog 
transmitters for digital operation, a limited allowance is made for 
transmitters with final amplifiers that do not meet the attenuation of 
the Simple emission mask at the channel edges. Station licensees may 
obtain equivalent compliance with this attenuation requirement in the 
following manner:
    (1) Measure the level of attenuation of emissions below the average 
digital power output at the channel edges in a 500 kHz bandwidth; 
measurements made over a different measurement bandwidth should be 
corrected to the equivalent attenuation level for a 500 kHz bandwidth 
using the formula given in Sec. 74.794;
    (2) Calculate the difference in dB between the 46 dB channel-edge 
attenuation requirement of the Simple mask;
    (3) Subtract the value determined in the previous step from the 
authorized effective radiated power (``ERP'') of the analog station 
being converted to digital operation. Then subtract an additional 6 dB 
to account for the approximate difference between analog peak and 
digital average power. For this purpose, the ERP must be expressed in 
decibels above one kilowatt: ERP(dBk) = 10 log ERP(kW);
    (4) Convert the ERP calculated in the previous step to units of 
kilowatts; and
    (5) The ERP value determined through the above procedure will 
produce equivalent compliance with the attenuation requirement of the 
simple emission mask at the channel edges and should be specified as the 
digital ERP in the minor change application for an on-channel digital 
conversion. The transmitter may not be operated to produce a higher 
digital ERP than this value.

[69 FR 69336, Nov. 29, 2004, as amended at 87 FR 58206, Sept. 23, 2022]



Sec. 74.797  Biennial Ownership Reports.

    The Ownership Report for Commercial Broadcast Stations (FCC Form 
2100, Schedule 323) must be electronically filed by December 1 in all 
odd-numbered years by each licensee of a low power television station or 
other Respondent (as defined in Sec. 73.3615(a) of this chapter). A 
licensee or other Respondent with a current and unamended biennial 
ownership report (i.e., a report that was filed pursuant to this 
section) on file with the Commission that is still accurate and which 
was filed using the version of the report that is current on October 1 
of the year in which its biennial ownership report is due may 
electronically validate and resubmit its previously filed biennial 
ownership report. The information provided on each ownership report 
shall be current as of October 1 of the year in which the ownership 
report is filed. For information on filing requirements, filers should 
refer to Sec. 73.3615(a) of this chapter.

[82 FR 55772, Nov. 24, 2017, as amended at 87 FR 58206, Sept. 23, 2022]



Sec. 74.798  [Reserved]



Sec. 74.799  Low power television and TV translator channel sharing.

    (a) Channel sharing generally. (1) Subject to the provisions of this 
section, low power television and TV translator stations may voluntarily 
seek Commission approval to share a single six megahertz channel with 
other low power television and TV translator stations, Class A 
television stations, and full power television stations.
    (2) Each station sharing a single channel pursuant to this section 
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.
    (b) Licensing of channel sharing stations. The low power television 
or TV translator channel sharing station relinquishing its channel must 
file an application for the initial channel sharing construction permit, 
include a copy of the channel sharing agreement as an exhibit, and cross 
reference the other sharing station(s). Any engineering changes 
necessitated by the channel

[[Page 503]]

sharing arrangement may be included in the station's application. Upon 
initiation of shared operations, the station relinquishing its channel 
must notify the Commission that it has terminated operation pursuant to 
Sec. 73.1750 of this part and each sharing station must file an 
application for license.
    (c) Deadline for implementing channel sharing arrangements. Channel 
sharing arrangements submitted pursuant to this section must be 
implemented within three years of the grant of the initial channel 
sharing construction permit.
    (d) Channel sharing agreements. (1) Channel sharing agreements 
(CSAs) submitted under this section must contain provisions outlining 
each licensee's rights and responsibilities regarding:
    (i) Access to facilities, including whether each licensee will have 
unrestrained access to the shared transmission facilities;
    (ii) Allocation of bandwidth within the shared channel;
    (iii) 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;
    (iv) Transfer/assignment of a shared license, including the ability 
of a new licensee to assume the existing CSA; and
    (v) Termination of the license of a party to the CSA, including 
reversion of spectrum usage rights to the remaining parties to the CSA.
    (2) CSAs must include provisions:
    (i) Affirming compliance with the channel sharing requirements in 
paragraph (d)(1) of this section and all relevant Commission rules and 
policies; and
    (ii) 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 program stream at all times.
    (e) Upon termination of the license of a party to a CSA, the 
spectrum usage rights covered by that license may revert to the 
remaining parties to the CSA. Such reversion shall be governed by the 
terms of the CSA in accordance with paragraph (d)(1)(v) of this section. 
If upon termination of the license of a party to a CSA only one party to 
the CSA remains, the remaining licensee may file an application to 
change its license to non-shared status using FCC Form 2100, Schedule D.
    (f) If the rights under a CSA are transferred or assigned, the 
assignee or the transferee must comply with the terms of the CSA in 
accordance with paragraph (d)(1)(iv) of this section. 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.
    (g) Channel sharing between low power television or TV translator 
stations and Class A television stations or full power television 
stations. (1) A low power television or TV translator sharee station 
(defined as a station relinquishing a channel in order to share) that is 
a party to a CSA with a full power television sharer station (defined as 
the station hosting a sharee pursuant to a CSA) must comply with the 
rules of part 73 of this chapter governing power levels and 
interference, and must comply in all other respects with the rules and 
policies applicable to low power television or TV translator stations 
set forth in this part.
    (2) A low power television or TV translator sharee station that is a 
party to a CSA with a Class A television sharer station must comply with 
the rules governing power levels and interference that are applicable to 
Class A television stations, and must comply in all other respects with 
the rules and policies applicable to low power television or TV 
translator stations set forth in this part.
    (h) Notice to cable systems. (1) Stations participating in channel 
sharing agreements must provide notice to cable systems that:
    (i) No longer will be required to carry the station because of the 
relocation of the station;
    (ii) Currently carry and will continue to be obligated to carry a 
station that will change channels; or

[[Page 504]]

    (iii) Will become obligated to carry the station due to a channel 
sharing relocation.
    (2) The notice required by this section must contain the following 
information:
    (i) Date and time of any channel changes;
    (ii) The channel occupied by the station before and after 
implementation of the CSA;
    (iii) Modification, if any, to antenna position, location, or power 
levels;
    (iv) Stream identification information; and
    (v) Engineering staff contact information.
    (3) Should any of the information in paragraph (h)(2) of this 
section change, an amended notification must be sent.
    (4) Sharee stations must provide notice as required by this section 
at least 90 days prior to terminating operations on the sharee's 
channel. Sharer stations and sharee stations must provide notice as 
required by this section at least 90 days prior to initiation of 
operations on the sharer channel. Should the anticipated date to either 
cease operations or commence channel sharing operations change, the 
stations must send a further notice to affected cable systems informing 
them of the new anticipated date(s).
    (5) Notifications provided to cable systems pursuant to this section 
must be either mailed to the system's official address of record 
provided in the cable system's most recent filing in the FCC's Cable 
Operations and Licensing System (COALS) Form 322, or emailed to the 
system if the system has provided an email address.

[81 FR 5053, Feb. 1, 2016. Redesignated and amended at 82 FR 18251, Apr. 
18, 2017]



                 Subpart H_Low Power Auxiliary Stations



Sec. 74.801  Definitions.

    600 MHz duplex gap. An 11 megahertz guard band at 652-663 MHz that 
separates part 27 600 MHz service uplink and downlink frequencies.
    600 MHz guard band. Designated frequency band at 614-617 MHz that 
prevents interference between licensed services in the 600 MHz service 
band and channel 37.
    600 MHz service band. Frequencies in the 617-652 MHz and 663-698 MHz 
bands that are reallocated and reassigned for 600 MHz band services 
under part 27.
    Cable television system operator. A cable television operator is 
defined in Sec. 76.5(cc) of the rules.
    Large venue owner or operator. Large venue owner or operator refers 
to a person or organization that owns or operates a venue that routinely 
uses 50 or more low power auxiliary station devices, where the use of 
such devices is an integral part of major events or productions. 
Routinely using 50 or more low power auxiliary station devices means 
that the venue owner or operator uses 50 or more such devices for most 
events or productions.
    Low power auxiliary station. An auxiliary station authorized and 
operated pursuant to the provisions set forth in this subpart. Devices 
authorized as low power auxiliary stations are intended to transmit over 
distances of approximately 100 meters for uses such as wireless 
microphones, cue and control communications, and synchronization of TV 
camera signals.
    Motion picture producer. Motion picture producer refers to a person 
or organization engaged in the production or filming of motion pictures.
    Professional sound company. Professional sound company refers to a 
person or organization that provides audio services that routinely use 
50 or more low power auxiliary station devices, where the use of such 
devices is an integral part of major events or productions. Routinely 
using 50 or more low power auxiliary station devices means that the 
professional sound company uses 50 or more such devices for most events 
or productions.
    Spectrum Act. Title VI of the Middle Class Tax Relief and Job 
Creation Act of 2012 (Pub. L. 112-96).
    Television program producer. Television program producer refers to a 
person or organization engaged in the production of television programs.
    Wireless assist video device. An auxiliary station authorized and 
operated by motion picture and television program producers pursuant to 
the provisions of this subpart. These stations are intended to transmit 
over distances of approximately 300 meters for use as

[[Page 505]]

an aid in composing camera shots on motion picture and television sets.

(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)

[42 FR 14729, Mar. 16, 1977, as amended at 43 FR 14662, Apr. 7, 1978; 51 
FR 4603, Feb. 6, 1986; 51 FR 9966, Mar. 24, 1986; 54 FR 41842, Oct. 12, 
1989; 68 FR 12772, Mar. 17, 2003; 79 FR 40689, July 14, 2014; 80 FR 
71728, Nov. 17, 2015; 82 FR 41559, Sept. 1, 2017]



Sec. 74.802  Frequency assignment.

    (a)(1) Frequencies within the following bands may be assigned for 
use by low power auxiliary stations:

26.100-26.480 MHz
54.000-72.000 MHz
76.000-88.000 MHz
161.625-161.775 MHz (except in Puerto Rico or the Virgin Islands)
174.000-216.000 MHz
450.000-451.000 MHz
455.000-456.000 MHz
470.000-488.000 MHz
488.000-494.000 MHz (except Hawaii)
494.000-608.000 MHz
614.000-698.000 MHz
941.500-944.000 MHz
944.000-952.000 MHz
952.850-956.250 MHz
956.45-959.85 MHz
1435-1525 MHz
6875.000-6900.000 MHz
7100.000-7125.000 MHz

    Note to paragraph (a)(1): Frequency assignments in the 614.000-
698.000 MHz band are subject to conditions established in proceedings 
pursuant to GN Docket No. 12-268. This band is being transitioned to the 
600 MHz service band, the 600 MHz guard band, and the 600 MHz duplex gap 
during the post-incentive auction transition period (as defined in Sec. 
27.4 of this chapter), which began on April 13, 2017. Low power 
auxiliary stations must comply with the applicable conditions with 
respect to any assignment to operate on frequencies repurposed for the 
600 MHz service band, the 600 MHz guard band, and the 600 MHz duplex 
gap, respectively. This rule will be further updated, pursuant to public 
notice or subsequent Commission action, to reflect additional changes 
that implement the determinations made in these proceedings.

    (2) The 653.000-657.000 MHz segment of the 600 MHz duplex gap may be 
assigned for use by low power auxiliary service.

    Note to paragraph (a)(2): The specific frequencies for the 600 MHz 
duplex gap will be determined in light of further proceedings pursuant 
to GN Docket No. 12-268 and the rule will be updated accordingly 
pursuant to a future public notice.

    (b)(1) Operations in the bands allocated for TV broadcasting are 
limited to locations at least 4 kilometers outside the protected 
contours of co-channel TV stations shown in the following table. These 
contours are calculated using the methodology in Sec. 73.684 of this 
chapter and the R-6602 curves contained in Sec. 73.699 of this chapter.

----------------------------------------------------------------------------------------------------------------
                                                                        Protected contour
                                               -----------------------------------------------------------------
                Type of station                                                                     Propagation
                                                             Channel               Contour (dBu)       curve
----------------------------------------------------------------------------------------------------------------
Analog: Class A TV, LPTV,.....................  Low VHF (2-6)...................              47        F(50,50)
translator and booster........................
                                                High VHF (7-13).................              56        F(50,50)
                                                UHF (14-51).....................              64        F(50,50)
Digital: Full service TV, Class A TV, LPTV,     Low VHF (2-6)...................              28        F(50,90)
 translator and booster.
                                                High VHF (7-13).................              36        F(50,90)
                                                UHF (14-51).....................              41        F(50,90)
----------------------------------------------------------------------------------------------------------------

    (2) Low power auxiliary stations may operate closer to co-channel TV 
broadcast stations than the distances specified in paragraph (b)(1) of 
this section provided that such operations either--
    (i) Are coordinated with TV broadcast stations that could be 
affected by the low power auxiliary station operation, and coordination 
is completed prior to operation of the low power auxiliary station; or
    (ii) Are limited to an indoor location that is not being used for 
over-the-air television viewing, and the following conditions are met 
with respect to the TV channel used: The TV signal falls below a 
threshold of -84 dBm over the entire channel; the signal is scanned 
across the full 6 megahertz channel

[[Page 506]]

where the wireless microphones would be operated; and to the extent that 
directional antennas are used, they are rotated to the place of maximum 
signal.
    (c) Specific frequency operation is required when operating within 
the 600 MHz duplex gap or the bands allocated for TV broadcasting.
    (1) The frequency selection shall be offset from the upper or lower 
band limits by 25 kHz or an integral multiple thereof.
    (2) One or more adjacent 25 kHz segments within the assignable 
frequencies may be combined to form a channel whose maximum bandwidth 
shall not exceed 200 kHz.
    (d) Low power auxiliary licensees will not be granted exclusive 
frequency assignments.
    (e) Clearing mechanisms for the 700 MHz Band. This section sets 
forth provisions relating to the transition of low power auxiliary 
stations operating at 698-806 MHz (700 MHz band).
    (1) Any low power auxiliary station that operates at frequencies in 
the 700 MHz band while transitioning its operations out of that band 
must not cause harmful interference and must accept interference from 
any commercial or public safety wireless licensees in the 700 MHz band.
    (2) Any low power auxiliary station that operates at frequencies in 
the 700 MHz band will have until no later than June 12, 2010 to 
transition its operations completely out of the 700 MHz band, subject to 
the following. During this transition period, any commercial or public 
safety licensee in the 700 MHz band may choose one or both of the 
following voluntary methods to notify low power auxiliary stations:
    (i) Any commercial or public safety licensee in the 700 MHz band may 
notify the Commission that it has initiated or will be initiating 
operations on specified frequencies in a particular market(s) in the 700 
MHz band. The wireless operations initiated by the commercial or public 
safety 700 MHz licensees may include system testing or trials. Following 
receipt of the notification, the Commission will issue a public notice 
providing that operators of low power auxiliary stations, including 
wireless microphones, in the 700 MHz band in those market(s) will be 
required to cease operations within 60 days after the Commission's 
notice is released.
    (ii) Any commercial or public safety licensee in the 700 MHz band 
may notify any low power auxiliary station users operating in the 700 
MHz band that it has initiated or will be initiating operations on 
specified frequencies in the market in which the low power auxiliary 
station is operating. The wireless operations initiated by the 
commercial or public safety 700 MHz licensees may include system testing 
or trials. Upon receipt of such notice, the low power auxiliary station 
in the affected market area must cease operation within 60 days.
    (iii) In the event that both of these notice provisions in 
paragraphs (e)(2)(i) and (ii) of this section are used with respect to a 
particular low power auxiliary station, the low power auxiliary station 
will have to cease operations in the market(s) in accordance with 
whichever notice provides for earlier termination of its operations.
    (3) Notwithstanding this 60 day notice requirement, any low power 
auxiliary station that causes harmful interference to any commercial or 
public safety 700 MHz licensee must cease operations immediately, 
consistent with the rules for secondary use.
    (f) Operations in 600 MHz band assigned to wireless licensees under 
part 27 of this chapter. Alow power auxiliary station that operates on 
frequencies in the 600 MHz band assigned to wireless licensees under 
part 27 of this chapter must cease operations on those frequencies no 
later than the end of the post-auction transition period, as defined in 
Sec. 27.4 of this chapter. During the post-auction transition period, 
low power auxiliary stations will operate on a secondary basis to 
licensees of part 27 of this chapter, i.e., they must not cause to and 
must accept harmful interference from these licensees, and must comply 
with the distance separations in Sec. 15.236(e)(2) of this chapter from 
the areas specified in Sec. 15.713(j)(10) of this chapter in which a 
licensee has

[[Page 507]]

commenced operations, as defined in Sec. 27.4 of this chapter.

[52 FR 2535, Jan. 23, 1987, as amended at 68 FR 12772, Mar. 17, 2003; 75 
FR 3638, Jan. 22, 2010; 79 FR 48545, Aug. 15, 2014; 80 FR 71728, Nov. 
17, 2015; 80 FR 73085, Nov. 23, 2015; 81 FR 4975, Jan. 29, 2016; 82 FR 
41560, Sept. 1, 2017]



Sec. 74.803  Frequency selection to avoid interference.

    (a) Where two or more low power auxiliary licensees need to operate 
in the same area, the licensees shall endeavor to select frequencies or 
schedule operation in such manner as to avoid mutual interference. If a 
mutually satisfactory arrangement cannot be reached, the Commission 
shall be notified and it will specify the frequency or frequencies to be 
employed by each licensee.
    (b) The selection of frequencies in the bands allocated for TV 
broadcasting for use in any area shall be guided by the need to avoid 
interference to TV broadcast reception. In these bands, low power 
auxiliary station usage is secondary to TV broadcasting and land mobile 
stations operating in the UHF-TV spectrum and must not cause harmful 
interference. If such interference occurs, low power auxiliary station 
operation must immediately cease and may not be resumed until the 
interference problem has been resolved.
    (c) In the 941.5-944 MHz, 944-952 MHz, 952.850-956.250 MHz, 956.45-
959.85 MHz, 6875.000-6900.000 MHz, and 7100.000-7125.000 MHz bands low 
power auxiliary station usage is secondary to other uses (e.g. Aural 
Broadcast Auxiliary, Television Broadcast Auxiliary, Cable Relay 
Service, Fixed Point to Point Microwave) and must not cause harmful 
interference. In the 941.5-944 MHz band, low power auxiliary station 
usage also is secondary to Federal operations in the band. In each of 
these bands, applicants are responsible for selecting the frequency 
assignments that are least likely to result in mutual interference with 
other licensees in the same area. Applicants must consult local 
frequency coordination committees, where they exist, for information on 
frequencies available in the area. In selecting frequencies, 
consideration should be given to the relative location of receive 
points, normal transmission paths, and the nature of the contemplated 
operation.
    (d) In the 1435-1525 MHz band, low power auxiliary station (LPAS) 
authorizations are limited to operations at fixed locations, and only to 
the extent that applicable requirements have been met for the proposed 
operations at those specified locations.
    (1) Each authorization is limited to specific events or situations 
for which there is a need to deploy large numbers of LPAS for specified 
time periods, and use of other available spectrum resources at that 
particular location is insufficient to meet the LPAS licensee's needs.
    (2) The access to spectrum in the band must be coordinated with the 
frequency coordinator for aeronautical mobile telemetry, the Aerospace 
and Flight Test Radio Coordinating Committee (AFTRCC) prior to 
operations at the specified location and period of time, with AFTRCC 
indicating whether any specific frequencies in the band are unavailable 
for use. LPAS devices must complete authentication and location 
verification before operations begin, employ software-based controls or 
similar functionality to prevent devices in the band from operating 
except in the specific channels, locations, and time periods that have 
been coordinated, and be capable of being tuned to any frequency in the 
band.
    (3) LPAS users may have access to no more than 30 megahertz of 
spectrum (one third of the 1435-1525 MHz band) for their operations at 
the specified locations. Different users in the same general area each 
can access up to 30 megahertz of spectrum for their respective 
operations. All licensees that have successfully coordinated with AFTRCC 
for access to the 1435-1525 MHz band for operations at their specified 
locations in the same general area must, to the extent necessary, 
coordinate their particular access to and use of spectrum with other 
licensees to minimize the potential for interference between and among 
the different operations.

[42 FR 14729, Mar. 16, 1977, as amended at 52 FR 2535, Jan. 23, 1987; 80 
FR 71728, Nov. 17, 2015; 82 FR 41560, Sept. 1, 2017]

[[Page 508]]



Sec. 74.831  Scope of service and permissible transmissions.

    The license for a low power auxiliary station authorizes the 
transmission of cues and orders to production personnel and participants 
in broadcast programs, motion pictures, and major events or productions 
and in the preparation therefor, the transmission of program material by 
means of a wireless microphone worn by a performer and other 
participants in a program, motion picture, or major event or production 
during rehearsal and during the actual broadcast, filming, recording, or 
event or production, or the transmission of comments, interviews, and 
reports from the scene of a remote broadcast. Low power auxiliary 
stations operating in the 941.5-944 MHz, 944-952 MHz, 952.850-956.250 
MHz, 956.45-959.85 MHz, 6875-6900 MHz, and 7100-7125 MHz bands may, in 
addition, transmit synchronizing signals and various control signals to 
portable or hand-carried TV cameras which employ low power radio signals 
in lieu of cable to deliver picture signals to the control point at the 
scene of a remote broadcast.

[82 FR 41560, Sept. 1, 2017]



Sec. 74.832  Licensing requirements and procedures.

    (a) A license authorizing operation of one or more low power 
auxiliary stations will be issued only to the following:
    (1) A licensee of an AM, FM, TV, or International broadcast station 
or low power TV station. Low power auxiliary stations will be licensed 
for used with a specific broadcast or low power TV station or 
combination of stations licensed to the same licensee within the same 
community.
    (2) A broadcast network entity.
    (3) A cable television system operator who operates a cable system 
that produces program material for origination or access cablecasting, 
as defined in Sec. 76.5(r).
    (4) Motion picture producers as defined in Sec. 74.801.
    (5) Television program producers as defined in Sec. 74.801.
    (6) Licensees and conditional licensees of stations in the Broadband 
Radio Service as defined in section 27.1200 of this chapter, or entities 
that hold an executed lease agreement with a Broadband Radio Service or 
Educational Broadband Service licensee.
    (7) Large venue owners or operators as defined in Sec. 74.801.
    (8) Professional sound companies as defined in Sec. 74.801.
    (b) An application for a new or renewal of low power auxiliary 
license shall specify the frequency band or bands desired. Only those 
frequency bands necessary for satisfactory operation shall be requested.
    (c) Licensees of AM, FM, TV, and International broadcast stations; 
low power TV stations; and broadcast network entities may be authorized 
to operate low power auxiliary stations in the frequency bands set forth 
in Sec. 74.802(a).
    (d) Cable television operations, motion picture and television 
program producers, large venue owners or operators, and professional 
sound companies may be authorized to operate low power auxiliary 
stations in the bands allocated for TV broadcasting, the 653-657 MHz 
band, the 941.5-944 MHz band, the 944-952 MHz band, the 952.850-956.250 
MHz band, the 956.45-959.85 MHz band, the 1435-1525 MHz band, the 6875-
6900 MHz band, and the 7100-7125 MHz band. In the 6875-6900 MHz and 
7100-7125 MHz bands, entities eligible to hold licenses for cable 
television relay service stations (see Sec. 78.13 of this chapter) 
shall also be eligible to hold licenses for low power auxiliary 
stations.
    (e) An application for low power auxiliary stations or for a change 
in an existing authorization shall specify the broadcast station, or the 
network with which the low power broadcast auxiliary facilities are to 
be principally used as given in paragraph (h) of this section; or it 
shall specify the motion picture or television production company, the 
cable television operator, the professional sound company, or, if 
applicable, the venue with which the low power broadcast auxiliary 
facilities are to be solely used. A single application, filed on FCC 
Form 601 may be used in applying for the authority to operate one or 
more low power auxiliary units.

[[Page 509]]

The application must specify the frequency bands which will be used. 
Motion picture producers, television program producers, cable television 
operators, large venue owners or operators, and professional sound 
companies are required to attach a single sheet to their application 
form explaining in detail the manner in which the eligibility 
requirements given in paragraph (a) of this section are met. In 
addition, large venue owners or operators and professional sound 
companies shall include on the attachment the following certification 
and shall sign and date the certification: ``The applicant hereby 
certifies that it routinely uses 50 or more low power auxiliary station 
devices, where the use of such devices is an integral part of major 
events or productions.''
    (f) Applications for the use of the bands allocated for TV 
broadcasting must specify the usual area of operation within which the 
low power auxiliary station will be used. This area of operation may, 
for example, be specified as the metropolitan area in which the 
broadcast licensee serves, the usual area within which motion picture 
and television producers are operating, or the location of the venue. 
Licenses issued to large venue owners or operators are specific to a 
single venue and authorize operation only at that venue. Because low 
power auxiliary stations operating in these bands will only be permitted 
in areas removed from existing co-channel TV broadcast stations, 
licensees have full responsibility to ensure that operation of their 
stations does not occur at distances less than those specified in Sec. 
74.802(b).
    (g) Low power auxiliary licensees shall specify the maximum number 
of units that will be operated.
    (h) For broadcast licensees, low power auxiliary stations will be 
licensed for use with a specific broadcast station or combination of 
broadcast stations licensed to the same licensee and to the same 
community. Licensing of low power auxiliary stations for use with a 
specific broadcast station or combination of such stations does not 
preclude their use with other broadcast stations of the same or a 
different licensee at any location. Operation of low power auxiliary 
stations outside the area of operation specified in the authorization, 
or in other bands is permitted without further authority of the 
Commission. However, operation of low power auxiliary stations shall, at 
all times, be in accordance with the requirements of Sec. 74.882 of 
this subpart. Also, a low power auxiliary station that is being used 
with a broadcast station or network other than one with which it is 
licensed, must, in addition to meeting the requirements of Sec. 74.861 
of this subpart, not cause harmful interference to another low power 
auxiliary station which is being used with the broadcast station(s) or 
network with which it is licensed.
    (i) In case of permanent discontinuance of operations of a station 
licensed under this subpart, the licensee shall cancel the station 
license using FCC Form 601. For purposes of this section, a station 
which is not operated for a period of one year is considered to have 
been permanently discontinued.
    (j) The license shall be retained in the licensee's files at the 
address shown on the authorization.

[42 FR 14729, Mar. 16, 1977, as amended at 47 FR 9221, Mar. 4, 1982; 47 
FR 21503, May 18, 1982; 47 FR 55938, Dec. 14, 1982; 51 FR 4603, Feb. 6, 
1986; 51 FR 9966, Mar. 24, 1986; 52 FR 2535, Jan. 23, 1987; 55 FR 46012, 
Oct. 31, 1990; 58 FR 19776, Apr. 16, 1993; 68 FR 12772, Mar. 17, 2003; 
69 FR 72045, Dec. 10, 2004; 79 FR 40689, July 14, 2014; 80 FR 71729, 
Nov. 17, 2015; 82 FR 41560, Sept. 1, 2017; 84 FR 2759, Feb. 8, 2019]



Sec. 74.833  Temporary authorizations.

    (a) Special temporary authority may be granted for low power 
auxiliary station operation which cannot be conducted in accordance with 
Sec. 74.24. Such authority will normally be granted only for operations 
of a temporary nature. Where operation is seen as likely on a continuing 
annual basis, an application for a regular authorization should be 
submitted.
    (b) A request for special temporary authority for the operation of a 
remote pickup broadcast station must be made in accordance with the 
procedures of Sec. 1.931(b) of this chapter.
    (c) All requests for special temporary authority of a low power 
auxiliary station must include full particulars including: licensees 
name and address, statement of eligibility, facility identification 
number of the associated

[[Page 510]]

broadcast station (if any), type and manufacturer of equipment, power 
output, emission, frequency or frequencies proposed to be used, 
commencement and termination date, location of proposed operation, and 
purpose for which request is made including any particular 
justification.
    (d) A request for special temporary authority shall specify a 
frequency band consistent with the provisions of Sec. 74.802: Provided, 
That, in the case of events of wide-spread interest and importance which 
cannot be transmitted successfully on these frequencies, frequencies 
assigned to other services may be requested upon a showing that 
operation thereon will not cause interference to established stations: 
And provided further, In no case will operation of a low power auxiliary 
broadcast station be authorized on frequencies employed for the safety 
of life and property.
    (e) The user shall have full control over the transmitting equipment 
during the period it is operated.
    (f) Special temporary authority to permit operation of low power 
auxiliary stations pending Commission action on an application for 
regular authority will not normally be granted.

[42 FR 14729, Mar. 16, 1977, as amended at 47 FR 9221, Mar. 4, 1982; 47 
FR 55939, Dec. 14, 1982; 58 FR 19776, Apr. 16, 1993; 68 FR 12772, Mar. 
17, 2003]



Sec. 74.851  Certification of equipment; prohibition on manufacture, import, sale, lease, offer for sale or lease, or shipment of devices that operate in the 
          700 MHz Band or the 600 MHz Band; labeling for 700 MHz or 600 
          MHz band equipment destined for non-U.S. markets; disclosures.

    (a) Applications for new low power auxiliary stations will not be 
accepted unless the transmitting equipment specified therein has been 
certificated for use pursuant to provisions of this subpart.
    (b) Any manufacturer of a transmitter to be used in this service may 
apply for certification for such transmitter following the certification 
procedure set forth in part 2 of the Commission's Rules and Regulations. 
Attention is also directed to part 1 of the Commission's Rules and 
Regulations which specifies the fees required when filing an application 
for certification.
    (c) An applicant for a low power auxiliary station may also apply 
for certification for an individual transmitter by following the 
certification procedure set forth in part 2 of the Commission's Rules 
and Regulations. The application for certification must be accompanied 
by the proper fees as prescribed in part 1 of the Commission's Rules and 
Regulations.
    (d) Low power auxiliary station equipment authorized to be used 
pursuant to an application accepted for filing prior to December 1, 1977 
may continue to be used by the licensee or its successors or assignees: 
Provided, however, If operation of such equipment causes harmful 
interference due to its failure to comply with the technical standards 
set forth in this subpart, the Commission may, at its discretion, 
require the licensee to take such corrective action as is necessary to 
eliminate the interference.
    (e) Each instrument of authority which permits operation of a low 
power auxiliary station using equipment which has not been certificated 
will specify the particular transmitting equipment which the licensee is 
authorized to use.
    (f) All transmitters marketed for use under this subpart shall be 
certificated by the Federal Communications Commission for this purpose. 
(Refer to subpart I of part 2 of the Commission's rules and 
regulations.)
    (g) No person shall manufacture, import, sell, lease, offer for sale 
or lease, or ship low power auxiliary stations that are capable of 
operating in the 700 MHz band (698-806 MHz). This prohibition does not 
apply to devices manufactured solely for export.
    (h) Any person who manufactures, sells, leases, or offers for sale 
or lease low power auxiliary stations, including wireless microphones, 
that are destined for non-U.S. markets and that are capable of operating 
in the 700 MHz band shall include labeling and make clear in all sales, 
marketing, and packaging materials, including online materials, relating 
to such devices that the devices cannot be operated in the U.S.
    (i) As of January 13, 2018, applications for certification shall no 
longer

[[Page 511]]

be accepted for low power auxiliary stations or wireless video assist 
devices that are capable of operating in the 600 MHz service band or the 
600 MHz guard band, or for low power auxiliary stations that are capable 
of operating in the 600 MHz duplex gap unless the operations are limited 
to the 653-657 MHz segment.
    (j) As of October 13, 2018, no person shall manufacture, import, 
sell, lease, offer for sale or lease, or ship low power auxiliary 
stations or wireless video assist devices that are capable of operating 
in the 600 MHz service band or the 600 MHz guard bands, or low power 
auxiliary stations that are capable of operating in the 600 MHz duplex 
gap unless the operations are limited to the 653-657 MHz segment. This 
prohibition does not apply to devices manufactured solely for export.
    (k) As of October 13, 2018, any person who manufacturers, sells, 
leases, or offer for sale or lease low power auxiliary stations or 
wireless video assist devices that are destined for non-U.S. markets and 
that are capable of operating in the 600 MHz service band or the 600 MHz 
guard bands, or low power auxiliary stations that are capable of 
operating in the 600 MHz duplex gap unless such operations are limited 
to the 653-657 MHz segment, shall include labeling and make clear in all 
sales, marketing, and packaging materials, including online materials, 
relating to such devices that the devices cannot be operated in the 
United States.
    (l) Disclosure requirements for low power auxiliary stations and 
wireless video assist devices capable of operating in the 600 MHz 
service band. Any person who manufactures, sells, leases, or offers for 
sale or lease low power auxiliary stations or wireless video devices 
that are capable of operating in the 600 MHz service band on or after 
July 13, 2017, is subject to the following disclosure requirements:
    (1) Such persons must display the consumer disclosure text, as 
specified by the Consumer and Governmental Affairs Bureau, at the point 
of sale or lease of each such low power auxiliary station or wireless 
video assist device. The text must be displayed in a clear, conspicuous, 
and readily legible manner. One way to fulfill the requirement in this 
section is to display the consumer disclosure text in a prominent manner 
on the product box by using a label (either printed onto the box or 
otherwise affixed to the box), a sticker, or other means. Another way to 
fulfill this requirement is to display the text immediately adjacent to 
each low power auxiliary station or wireless video assist device offered 
for sale or lease and clearly associated with the model to which it 
pertains.
    (2) If such persons offer such low power auxiliary stations or 
wireless video assist device via direct mail, catalog, or electronic 
means, they shall prominently display the consumer disclosure text in 
close proximity to the images and descriptions of each such low power 
auxiliary station or wireless video assist device. The text should be in 
a size large enough to be clear, conspicuous, and readily legible, 
consistent with the dimensions of the advertisement or description.
    (3) If such persons have Web sites pertaining to these low power 
auxiliary stations or wireless video assist devices, the consumer 
disclosure text must be displayed there in a clear, conspicuous, and 
readily legible manner (even in the event such persons do not sell low 
power auxiliary stations or wireless video assist devices directly to 
the public).
    (4) The consumer disclosure text described in paragraph (l)(1) of 
this section is set forth as Figure 1 to this paragraph.

[[Page 512]]

[GRAPHIC] [TIFF OMITTED] TR12MR18.005


(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)

[42 FR 14729, Mar. 16, 1977, as amended at 42 FR 43637, Aug. 22, 1977; 
43 FR 13576, Mar. 31, 1978; 63 FR 36605, July 7, 1998; 75 FR 3639, Jan. 
22, 2010; 80 FR 71729, Nov. 17, 2015; 82 FR 41561, Sept. 1, 2017; 83 FR 
10640, 10643, Mar. 12, 2018]



Sec. 74.852  Equipment changes.

    (a) The licensee of a low power auxiliary station may make any 
changes in the equipment that are deemed desirable or necessary, 
including replacement with certificated equipment, without prior 
Commission approval: Provided, The proposed changes will not depart from 
any of the terms of the station authorization or the Commission's 
technical rules governing this service: And provided further, That any 
changes made to certificated transmitted equipment shall be in 
compliance with the provisions of part 2 of the Commission's rules and 
regulations concerning modification of certificated equipment.
    (b) Any equipment changes made pursuant to paragraph (a) of this 
section shall be set forth in the next application for renewal of 
license.

(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)

[42 FR 14729, Mar. 16, 1977, as amended at 43 FR 13576, Mar. 31, 1978; 
63 FR 36605, July 7, 1998]



Sec. 74.861  Technical requirements.

    (a) Except as specified in paragraph (e) of this section, 
transmitter power is the power at the transmitter output terminals and 
delivered to the antenna, antenna transmission line, or any other 
impedance-matched, radio frequency load. For the purpose of this 
subpart, the transmitter power is the carrier power.
    (b) Each authorization for a new low power auxiliary station shall 
require the use of certificated equipment. Such equipment shall be 
operated in accordance with the emission specifications included in the 
certification grant and as prescribed in paragraphs (c) through (e) of 
this section.
    (c) Low power auxiliary transmitters not required to operate on 
specific carrier frequencies shall operate sufficiently within the 
authorized frequency band edges to insure the emission bandwidth falls 
entirely within the authorized band.
    (d) For low power auxiliary stations operating in the bands other 
than those allocated for TV broadcasting, the following technical 
requirements are imposed.
    (1) For all bands except the 1435-1525 MHz band, the maximum 
transmitter power which will be authorized is 1 watt. In the 1435-1525 
MHz band, the maximum transmitter power which will be authorized is 250 
milliwatts. Licensees may accept the manufacturer's power rating; 
however, it is the licensee's responsibility to observe specified power 
limits.

[[Page 513]]

    (2) If a low power auxiliary station employs amplitude modulation, 
modulation shall not exceed 100 percent on positive or negative peaks.
    (3) For the 26.1-26.480 MHz, 161.625-161.775 MHz, 450-451 MHz, and 
455-456 MHz bands, the occupied bandwidth shall not be greater than that 
necessary for satisfactory transmission and, in any event, an emission 
appearing on any discrete frequency outside the authorized band shall be 
attenuated, at least, 43+10 log\10\ (mean output power, in watts) dB 
below the mean output power of the transmitting unit. The requirements 
of this paragraph shall also apply to the applications for certification 
of equipment for the 944-952 MHz band until January 13, 2018.
    (4)(i) For the 653-657 MHz, 941.5-944 MHz, 944-952 MHz, 952.850-
956.250 MHz, 956.45-959.85 MHz, 1435-1525 MHz, 6875-6900 MHz and 7100-
7125 MHz bands, analog emissions within the band from one megahertz 
below to one megahertz above the carrier frequency shall comply with the 
emission mask in section 8.3.1.2 of the European Telecommunications 
Institute Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic 
compatibility and Radio spectrum Matters (ERM); Wireless microphones in 
the 25 MHz to 3 GHz frequency range; Part 1: Technical characteristics 
and methods of measurement. Beyond one megahertz below and above the 
carrier frequency, emissions shall comply with the limits specified in 
section 8.4 of ETSI EN 300 422-1 v1.4.2 (2011-08).
    (ii) For the 653-657 MHz, 941.5-944 MHz, 944-952 MHz, 952.850-
956.250 MHz, 956.45-959.85 MHz, and 1435-1525 MHz bands, digital 
emissions within the band from one megahertz below to one megahertz 
above the carrier frequency shall comply with the emission mask in 
section 8.3.2.2 (Figure 4) of the European Telecommunications Institute 
Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic 
compatibility and Radio spectrum Matters (ERM); Wireless microphones in 
the 25 MHz to 3 GHz frequency range; part 1: Technical characteristics 
and methods of measurement. Beyond one megahertz below and above the 
carrier frequency, emissions shall comply with the limits specified in 
section 8.4 of ETSI EN 300 422-1 v1.4.2 (2011-08).
    (iii) In the 6875-6900 MHz and 7100-7125 MHz bands, digital 
emissions within the band from one megahertz below to one megahertz 
above the carrier frequency shall comply with the emission mask in 
section 8.3.2.2 (Figure 5) of the European Telecommunications Institute 
Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic 
compatibility and Radio spectrum Matters (ERM); Wireless microphones in 
the 25 MHz to 3 GHz frequency range; part 1: Technical characteristics 
and methods of measurement. Beyond one megahertz below and above the 
carrier frequency, emissions shall comply with the limits specified in 
section 8.4 of ETSI EN 300 422-1 v1.4.2 (2011-08).
    (iv) For the 944-952 MHz band, the requirements of this paragraph 
(d)(4) shall not apply to the applications for certification of 
equipment for that band until nine months after release of the 
Commission's Channel Reassignment Public Notice, as defined in section 
73.3700(a)(2) of this chapter.
    (e) For low power auxiliary stations operating in the 600 MHz duplex 
gap and the bands allocated for TV broadcasting, the following technical 
requirements apply:
    (1) The power may not exceed the following values.
    (i) 54-72, 76-88, and 174-216 MHz bands: 50 mW EIRP
    (ii) 470-608 and 614-698: 250 mW conducted power
    (iii) 600 MHz duplex gap: 20 mW EIRP
    (2) Transmitters may be either crystal controlled or frequency 
synthesized.
    (3) Any form of modulation may be used. A maximum deviation of 
75 kHz is permitted when frequency modulation is 
employed.
    (4) The frequency tolerance of the transmitter shall be 0.005 
percent.
    (5) The operating bandwidth shall not exceed 200 kHz.
    (6) The mean power of emissions shall be attenuated below the mean 
output power of the transmitter in accordance with the following 
schedule:
    (i) On any frequency removed from the operating frequency by more 
than 50 percent up to and including 100 percent of the authorized 
bandwidth: at least 25 dB;

[[Page 514]]

    (ii) On any frequency removed from the operating frequency by more 
than 100 percent up to and including 250 percent of the authorized 
bandwidth: at least 35 dB;
    (iii) On any frequency removed from the operating frequency by more 
than 250 percent of the authorized bandwidth: at least 43 + 
10log10 (mean output power in watts) dB.
    (7) Analog emissions within the band from one megahertz below to one 
megahertz above the carrier frequency shall comply with the emission 
mask in section 8.3.1.2 of the European Telecommunications Institute 
Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic 
compatibility and Radio spectrum Matters (ERM); Wireless microphones in 
the 25 MHz to 3 GHz frequency range; part 1: Technical characteristics 
and methods of measurement. Digital emissions within the band from one 
megahertz below to one megahertz above the carrier frequency shall 
comply with the emission mask in section 8.3.2.2 (Figure 4) of the 
European Telecommunications Institute Standard ETSI EN 300 422-1 v1.4.2 
(2011-08), Electromagnetic compatibility and Radio spectrum Matters 
(ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; part 
1: Technical characteristics and methods of measurement. Beyond one 
megahertz below and above the carrier frequency, emissions shall comply 
with the limits specified in section 8.4 of ETSI EN 300 422-1 v1.4.2 
(2011-08). The requirements of this paragraph (e)(7) shall not apply to 
applications for certification of equipment in these bands until nine 
months after release of the Commission's Channel Reassignment Public 
Notice, as defined in Sec. 73.3700(a)(2) of this chapter.
    (f) Unusual transmitting antennas or antenna elevations shall not be 
used to deliberately extend the range of low power auxiliary stations 
beyond the limited areas defined in Sec. 74.831.
    (g) Low power auxiliary stations shall be operated so that no 
harmful interference is caused to any other class of station operating 
in accordance with Commission's rules and regulations and with the Table 
of Frequency Allocations in part 2 thereof.
    (h) In the event a station's emissions outside its authorized 
frequency band causes harmful interference, the Commission may, at its 
discretion, require the licensee to take such further steps as may be 
necessary to eliminate the interference.
    (i) Incorporation by reference. The material listed in this 
paragraph (i) is incorporated by reference in this section with the 
approval of the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the FCC must publish a document in the 
Federal Register and the material must be available to the public. All 
approved incorporation by reference (IBR) material is available for 
inspection at the FCC and the National Archives and Records 
Administration (NARA). Contact the FCC through the Federal 
Communications Commission's Reference Information Center, phone: (202) 
418-0270. For information on the availability of this material at NARA, 
visit www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. The material may be obtained from the following 
source in this paragraph (i):
    (1) European Telecommunications Standards Institute, 650 Route des 
Lucioles, 06921 Sophia Antipolis Cedex, France. A copy of the standard 
is also available at http://www.etsi.org/deliver/etsi_en/300400_300499/
30042201/01.03.02_60/en_30042201v010302p.pdf.
    (i) ETSI EN 300 422-1 V1.4.2 (2011-08): ``Electromagnetic 
compatibility and Radio spectrum Matters (ERM); Wireless microphones in 
the 25 MHz to 3 GHz frequency range; Part 1: Technical characteristics 
and methods of measurement,'' Copyright 2011, IBR approved for section 
15.236(g).
    (ii) [Reserved]
    (2) [Reserved].

[43 FR 13576, Mar. 31, 1978, as amended at 52 FR 2535, Jan. 23, 1987; 63 
FR 36605, July 7, 1998; 75 FR 3639, Jan. 22, 2010; 80 FR 71730, Nov. 17, 
2015; 80 FR 73085, Nov. 23, 2015; 82 FR 41561, Sept. 1, 2017; 85 FR 
64409, Oct. 13, 2020; 88 FR 21448, Apr. 10, 2023]



Sec. 74.870  Wireless video assist devices.

    Television broadcast auxiliary licensees and motion picture and 
television producers, as defined in Sec. 74.801 may operate wireless 
video assist devices on a

[[Page 515]]

non-interference basis on VHF and UHF television channels to assist with 
production activities.
    (a) The use of wireless video assist devices must comply with all 
provisions of this subpart, except as indicated in paragraphs (b) 
through (i) of this section.
    (b) Wireless video assist devices may only be used for scheduled 
productions. They may not be used to produce live events and may not be 
used for electronic news gathering purposes.
    (c) Wireless video assist devices may operate with a bandwidth not 
to exceed 6 MHz on frequencies in the bands 180-210 MHz (TV channels 8-
12) and 470-698 MHz (TV channels 14-51) subject to the following 
restrictions:
    (1) The bandwidth may only occupy a single TV channel.
    (2) Operation is prohibited within the 608-614 MHz (TV channel 37) 
band.
    (3) Operation is prohibited within 129 km of a television 
broadcasting station, including Class A television stations, low power 
television stations and translator stations.
    (4) For the area and frequency combinations listed in the table 
below, operation is prohibited within the distances indicated from the 
listed geographic coordinates.

    Note to the following table: All coordinates are referenced to the 
North American Datum of 1983.

----------------------------------------------------------------------------------------------------------------
                                                                         Excluded         Excluded channels
             Area                 North latitude      West longitude   frequencies -----------------------------
                                                                          (MHz)      200 km    128 km     52 km
----------------------------------------------------------------------------------------------------------------
Boston, MA....................  42[deg]21[min]24.4  71[deg]03[min]23.      470-476        14  ........  ........
                                 [sec]               2[sec]
                                ..................  .................      476-482  ........        15  ........
                                ..................  .................      482-488        16  ........  ........
                                ..................  .................      488-494  ........        17  ........
Chicago, IL...................  41[deg]52[min]28.1  87[deg]38[min]22.      470-476        14  ........  ........
                                 [sec]               2[sec]
                                ..................  .................      476-482        15  ........  ........
                                ..................  .................      482-488  ........        16  ........
Cleveland, OH\1\..............  41[deg]29[min]51.2  81[deg]41[min]49.      470-476        14  ........  ........
                                 [sec]               5[sec]
                                ..................  .................      476-482  ........        15  ........
                                ..................  .................      482-488        16  ........  ........
                                ..................  .................      488-494  ........        17  ........
Dallas/Fort Worth, TX.........  32[deg]47[min]09.5  96[deg]47[min]38.      476-482  ........        15  ........
                                 [sec]               0[sec]
                                ..................  .................      482-488        16  ........  ........
                                ..................  .................      488-494  ........        17  ........
Detroit, MI \1\...............  42[deg]19[min]48.1  83[deg]02[min]56.      470-476  ........        14  ........
                                 [sec]               7[sec]
                                ..................  .................      476-482        15  ........  ........
                                ..................  .................      482-488  ........        16  ........
                                ..................  .................      488-494        17  ........  ........
Gulf of Mexico................  ..................  .................      476-494  ........  ........   15, 16,
                                                                                                              17
Hawaii........................  ..................  .................      488-494  ........  ........        17
Houston, TX...................  29[deg]45[min]26.8  95[deg]21[min]37.      482-488  ........        16  ........
                                 [sec]               8[sec]
                                ..................  .................      488-494        17  ........  ........
                                ..................  .................      494-500  ........        18  ........
Los Angeles, CA...............  34[deg]03[min]15.0  118[deg]14[min]31      470-476        14  ........  ........
                                 [sec]               .3[sec]
                                ..................  .................      476-482  ........        15  ........
                                ..................  .................      482-488        16  ........  ........
                                ..................  .................      488-494  ........        17  ........
                                ..................  .................      500-506  ........        19  ........
                                ..................  .................      506-512        20  ........  ........
                                ..................  .................      512-518  ........        21  ........
Miami, Fl.....................  25[deg]46[min]38.4  80[deg]11[min]31.      470-476        14  ........
                                 [sec]               2[sec]
                                ..................  .................      476-482  ........        15  ........
New York/NE New Jersey........  40[deg]45[min]      73[deg]59[min]37.      470-476        14  ........  ........
                                                     5[sec]
                                ..................  .................      476-482        15  ........  ........
                                ..................  .................      482-488        16  ........  ........
                                ..................  .................      488-494  ........        17  ........
                                ..................  .................      494-500  ........        18  ........
                                ..................  .................      500-506        19  ........  ........
                                ..................  .................      506-512  ........        20  ........
Philadelphia, PA..............  39[deg]56[min]58.4  75[deg]09[min]19.      494-500  ........        18  ........
                                 [sec]               6[sec]
                                ..................  .................      500-506        19  ........  ........
                                ..................  .................      506-512        20  ........  ........
                                ..................  .................      512-518  ........        21  ........
Pittsburgh, PA................  40[deg]26[min]19.2  79[deg]59[min]59.      470-476        14  ........  ........
                                 [sec]               2[sec]
                                ..................  .................      476-482  ........        15  ........
                                ..................  .................      488-494  ........        17  ........

[[Page 516]]

 
                                ..................  .................      494-500        18  ........  ........
                                ..................  .................      500-506  ........        19  ........
San Francisco/Oakland, CA.....  37[deg]46[min]38.7  122[deg]24[min]43      476-482  ........        15  ........
                                 [sec]               .9[sec]
                                ..................  .................      482-488        16  ........  ........
                                ..................  .................      488-494        17  ........  ........
                                ..................  .................      494-500  ........        18  ........
Washington D.C./MD/VA.........  38[deg]53[min]51.4  77[deg]00[min]31.      482-488  ........        16  ........
                                 [sec]               9[sec]
                                ..................  .................      488-494        17  ........  ........
                                ..................  .................      494-500        18  ........  ........
                                ..................  .................      500-506  ........        19  ........
----------------------------------------------------------------------------------------------------------------
\1\ The distance separation requirements are not applicable in these cities until further order from the
  Commission.

    (d) Wireless video assist devices are limited to a maximum of 250 
milliwatts ERP and must limit power to that necessary to reliably 
receive a signal at a distance of 300 meters. Wireless video assist 
devices must comply with the emission limitations of Sec. 74.637.
    (e) The antenna of a wireless video assist device must be attached 
to the transmitter either permanently, or by means of a unique connector 
designed to allow replacement of authorized antennas but prevent the use 
of unauthorized antennas. When transmitting, the antenna must not be 
more that 10 meters above ground level.
    (f)(1) A license for a wireless video assist device will authorize 
the license holder to use all frequencies available for wireless video 
assist devices, subject to the limitations specified in this section.
    (2) Licensees may operate as many wireless video assist devices as 
necessary, subject to the notification procedures of this section.
    (g) Notification procedure. Prior to the commencement of 
transmitting, licensees must notify the local broadcasting coordinator 
of their intent to transmit. If there is no local coordinator in the 
intended area of operation, licensees must notify all adjacent channel 
TV stations within 161 km (100 mi) of the proposed operating area.
    (1) Notification must be made at least 10 working days prior to the 
date of intended transmission.
    (2) Notifications must include:
    (i) Frequency or frequencies.
    (ii) Location.
    (iii) Antenna height.
    (iv) Emission type(s).
    (v) Effective radiated power.
    (vi) Intended dates of operation.
    (vii) Licensee contact information.
    (3)(i) Failure of a local coordinator to respond to a notification 
request prior to the intended dates of operation indicated on the 
request will be considered as having the approval of the coordinator. In 
this case, licensees must in addition notify all co-channel and adjacent 
channel TV stations within 161 km (100 mi) of the proposed operating 
area. This notification is for information purposes only and will not 
enable TV stations to prevent a WAVD from operating, but is intended to 
help identify the source of interference if any is experienced after a 
WAVD begins operation.
    (ii) If there is no local coordinator in the intended area of 
operation, failure of any adjacent channel TV station to respond to a 
notification request prior to the intended dates of operation indicated 
on the request will be considered as having the approval of the TV 
station.
    (4) Licensees must operate in a manner consistent with the response 
of the local coordinator, or, if there is no local coordinator in the 
intended area of operation, the responses of the adjacent channel TV 
stations. Disagreements may be appealed to the Commission. However, in 
those instances, the licensee will bear the burden of proof and 
proceeding to overturn the recommendation of the local coordinator or 
the co-channel or adjacent channel TV station.
    (h) Licenses for wireless video assist devices may not be 
transferred or assigned.
    (i) Operations in 600 MHz band assigned to wireless licensees under 
part 27 of this chapter. A wireless video assist device that operates on 
frequencies in

[[Page 517]]

the 600 MHz band assigned to wireless licensees under part 27of this 
chapter must cease operations on those frequencies no later than the end 
of the post-auction transition period as defined in Sec. 27.4 of this 
chapter. During the post-auction transition period, wireless video 
assist devices will operate on a secondary basis to licensees of part 27 
of this chapter, i.e., they must not cause to and must accept harmful 
interference from these licensees.

[68 FR 12772, Mar. 17, 2003, as amended at 68 FR 69331, Dec. 12, 2003; 
79 FR 48545, Aug. 15, 2014]



Sec. 74.882  Station identification.

    (a) For transmitters used for voice transmissions and having a 
transmitter output power exceeding 50 mW, an announcement shall be made 
at the beginning and end of each period of operation at a single 
location, over the transmitting unit being operated, identifying the 
transmitting unit's call sign or designator, its location, and the call 
sign of the broadcasting station or name of the licensee with which it 
is being used. A period of operation may consist of a continuous 
transmission or intermittent transmissions pertaining to a single event.
    (b) Each wireless video assist device, when transmitting, must 
transmit station identification at the beginning and end of each period 
of operation. Identification may be made by transmitting the station 
call sign by visual or aural means or by automatic transmission in 
international Morse telegraphy.
    (1) A period of operation is defined as a single uninterrupted 
transmission or a series of intermittent transmissions from a single 
location.
    (2) Station identification shall be performed in a manner conducive 
to prompt association of the signal source with the responsible 
licensee. In exercising the discretion provide by this rule, licensees 
are expected too act in a responsible manner to assure that result.

[68 FR 12774, Mar. 17, 2003]

Subparts I-K [Reserved]



  Subpart L_FM Broadcast Translator Stations and FM Broadcast Booster 
                                Stations

    Source: 35 FR 15388, Oct. 2, 1970, unless otherwise noted.



Sec. 74.1201  Definitions.

    (a) FM translator. A station in the broadcasting service operated 
for the purpose of retransmitting the signals of an AM or FM radio 
broadcast station or another FM broadcast translator station without 
significantly altering any characteristics of the incoming signal other 
than its frequency and amplitude, in order to provide radio broadcast 
service to the general public.
    (b) Commercial FM translator. An FM broadcast translator station 
which rebroadcasts the signals of a commercial AM or FM radio broadcast 
station.
    (c) Noncommercial FM translator. An FM broadcast translator station 
which rebroadcasts the signals of a noncommercial educational AM or FM 
radio broadcast station.
    (d) Primary station. The AM or FM radio broadcast station radiating 
the signals which are retransmitted by an FM broadcast translator 
station or an FM broadcast booster station.
    (e) AM or FM radio broadcast station. When used in this Subpart L, 
the term AM broadcast station or AM radio broadcast station or FM 
broadcast station or FM radio broadcast station refers to commercial and 
noncommercial educational AM or FM radio broadcast stations as defined 
in Sec. 2.1 of this chapter, unless the context indicates otherwise.
    (f) FM broadcast booster station. A station in the broadcasting 
service operated for the sole purpose of retransmitting the signals of 
an FM radio broadcast station, by amplifying and reradiating such 
signals, without significantly altering any characteristic of the 
incoming signal other than its amplitude. Unless specified otherwise, 
this term includes LPFM boosters as defined in paragraph (l) of this 
section.
    (g) Translator coverage contour. For a fill-in FM translator 
rebroadcasting an

[[Page 518]]

FM radio broadcast station as its primary station, the FM translator's 
coverage contour must be contained within the primary station's coverage 
contour. For purposes of this rule section, the coverage contour of the 
FM translator has the same field strength value as the protected contour 
of the primary FM station (i.e., for a commercial Class B FM station it 
is the predicted 0.5 mV/m field strength contour, for a commercial Class 
B1 FM station it is the predicted 0.7 mV/m field strength contour, and 
for all other classes of FM stations it is the predicted 1 mV/m field 
strength contour). The coverage contour of an FM translator 
rebroadcasting an AM radio broadcast station as its primary station must 
be contained within the greater of either the 2 mV/m daytime contour of 
the AM station or a 25-mile (40 km) radius centered at the AM 
transmitter site. The protected contour for an FM translator station is 
its predicted 1 mV/m contour.
    (h) Fill-in area. The area where the coverage contour of an FM 
translator or booster station is within the protected contour of the 
associated primary station (i.e., predicted 0.5 mV/m contour for 
commercial Class B stations, predicted 0.7 mV/m contour for commercial 
Class B1 stations, and predicted 1 mV/m contour for all other classes of 
stations).
    (i) Other area. The area where the coverage contour of an FM 
translator station extends beyond the protected contour of the primary 
station (i.e., predicted 0.5 mV/m contour for commercial Class B 
stations, predicted 0.7 mV/m contour for commercial Class B1 stations, 
and predicted 1 mV/m contour for all other classes of stations).
    (j) AM Fill-in area. The area within the greater of the 2 mV/m 
daytime contour of the AM radio broadcast station being rebroadcast or a 
25-mile (40 km) radius centered at the AM transmitter site.
    (k) Listener complaint. A statement that is signed and dated by the 
listener and contains the following information:
    (1) The complainant's full name, address, and phone number;
    (2) A clear, concise, and accurate description of the location where 
interference is alleged or predicted to occur;
    (3) A statement that the complainant listens over-the-air to the 
desired station at least twice a month; and
    (4) A statement that the complainant has no legal, financial, 
employment, or familial affiliation or relationship with the desired 
station.
    (l) LPFM booster. An FM broadcast booster station as defined in 
paragraph (f) of this section that is commonly-owned by an LPFM station 
for the purpose of retransmitting the signals of the commonly-owned LPFM 
station.

[35 FR 15388, Oct. 2, 1970, as amended at 45 FR 37842, June 5, 1980; 52 
FR 31405, Aug. 20, 1987; 55 FR 50693, Dec. 10, 1990; 74 FR 45129, Sept. 
1, 2009; 82 FR 13072, Mar. 9, 2017; 84 FR 27740, June 14, 2019; 85 FR 
35574, June 11, 2020; 87 FR 15344, Mar. 18, 2022]

    Effective Date Note: At 82 FR 13072, Mar. 9, 2017, Sec. 74.1201 was 
amended by revising the last two sentences of paragraph (g), effective 
Apr. 10, 2017. At 82 FR 13069, Mar. 9, 2017, the effective date was 
delayed indefinitely pending Office of Management and Budget approval of 
a nonsubstantive change in the rule as originally proposed.



Sec. 74.1202  Frequency assignment.

    (a) An applicant for a new FM broadcast translator station or for 
changes in the facilities of an authorized translator station shall 
endeavor to select a channel on which its operation is not likely to 
cause interference to the reception of other stations. The application 
must be specific with regard to the frequency requested. Only one output 
channel will be assigned to each translator station.
    (b) Subject to compliance with all the requirements of this subpart, 
FM broadcast translators may be authorized to operate on the following 
FM channels, regardless of whether they are assigned for local use in 
the FM Table of Allotments (Sec. 73.202(b) of this chapter):
    (1) Commercial FM translators: Channels 221-300 as identified in 
Sec. 73.201 of this chapter.
    (2) Noncommercial FM translators: Channels 201-300 as identified in 
Sec. 73.201 of this chapter. Use of reserved channels 201-220 is 
subject to the restrictions specified in Sec. 73.501 of this chapter.

[[Page 519]]

    (c) An FM broadcast booster station will be assigned the channel 
assigned to its primary station.

[35 FR 15388, Oct. 2, 1970, as amended at 39 FR 12990, Apr. 10, 1974; 47 
FR 30068, July 12, 1982; 52 FR 8260, Mar. 17, 1987; 55 FR 50693, Dec. 
10, 1990; 87 FR 15344, Mar. 18, 2022]



Sec. 74.1203  Interference.

    (a) An authorized FM translator or booster station will not be 
permitted to continue to operate if it causes any actual interference 
to:
    (1) The transmission of any authorized broadcast station; or
    (2) The reception of the input signal of any TV translator, TV 
booster, FM translator or FM booster station; or
    (3) The direct reception by the public of the off-the-air signals of 
any full-service station or previously authorized secondary station. 
Interference will be considered to occur whenever reception of a 
regularly used signal is impaired by the signals radiated by the FM 
translator or booster station, regardless of the channel on which the 
protected signal is transmitted; except that no listener complaint will 
be considered actionable if the alleged interference occurs outside the 
desired station's 45 dBu contour. Interference is demonstrated by:
    (i) The required minimum number of valid listener complaints as 
determined using Table 1 of this section and defined in Sec. 74.1201(k) 
of this part;
    (ii) A map plotting the specific location of the alleged 
interference in relation to the complaining station's 45 dBu contour;
    (iii) A statement that the complaining station is operating within 
its licensed parameters;
    (iv) A statement that the complaining station licensee has used 
commercially reasonable efforts to inform the relevant translator 
licensee of the claimed interference and attempted private resolution; 
and
    (v) U/D data demonstrating that at each listener location the 
undesired to desired signal strength exceeds -20 dB for co-channel 
situations, -6 dB for first-adjacent channel situations or 40 dB for 
second- or third-adjacent channel situations, calculated using the 
methodology set out in Sec. 74.1204(b).

                     Table 1 to Sec. 74.1203(a)(3)
------------------------------------------------------------------------
                                                              Minimum
                                                             listener
                                                            complaints
           Population within protected contour             required  for
                                                           interference
                                                               claim
------------------------------------------------------------------------
1-199,999...............................................               6
200,000-299,999.........................................               7
300,000-399,999.........................................               8
400,000-499,999.........................................               9
500,000-999,999.........................................              10
1,000,000-1,499,999.....................................              15
1,500,000-1,999,999.....................................              20
2,000,000 or more.......................................              25
LPFM stations with fewer than 5,000.....................               3
------------------------------------------------------------------------

    (b) If interference cannot be properly eliminated by the application 
of suitable techniques, operation of the offending FM translator or 
booster station shall be suspended and shall not be resumed until the 
interference has been eliminated. Short test transmissions may be made 
during the period of suspended operation to check the efficacy of 
remedial measures.
    (c) An FM booster station will be exempted from the provisions of 
paragraphs (a) and (b) of this section to the extent that it may cause 
limited interference to its primary station's signal, provided it does 
not disrupt the existing service of its primary station or cause such 
interference within the boundaries of the principal community of its 
primary station.
    (d) A fill-in FM translator operating on the first, second or third 
adjacent channel to its primary station's channel will be exempt from 
the provisions of paragraphs (a) and (b) of this section to the extent 
that it may cause limited interference to its primary station's signal, 
provided it does not disrupt the existing service of its primary station 
or cause such interference within the boundaries of the principal 
community of its primary station.
    (e) It shall be the responsibility of the licensee of an FM 
translator or FM booster station to correct any condition of 
interference which results from the radiation of radio frequency energy 
by its equipment on any frequency outside the assigned channel. Upon 
notice by the Commission to the station licensee that such interference 
is being caused, the operation of the FM translator or FM booster 
station shall be suspended within three minutes and

[[Page 520]]

shall not be resumed until the interference has been eliminated or it 
can be demonstrated that the interference is not due to spurious 
emissions by the FM translator or FM booster station; provided, however, 
that short test transmissions may be made during the period of suspended 
operation to check the efficacy of remedial measures.

[55 FR 50693, Dec. 10, 1990, as amended at 60 FR 55484, Nov. 1, 1995; 84 
FR 27740, June 14, 2019; 86 FR 13663, Mar. 10, 2021]



Sec. 74.1204  Protection of FM broadcast, FM Translator and LP100 stations.

    (a) An application for an FM translator station will not be accepted 
for filing if the proposed operation would involve overlap of predicted 
field contours with any other authorized commercial or noncommercial 
educational FM broadcast stations, FM translators, and Class D 
(secondary) noncommercial educational FM stations; or if it would result 
in new or increased overlap with an LP100 station, as set forth:
    (1) Commercial Class B FM Stations (Protected Contour: 0.5 mV/m)

--------------------------------------------------------------------------------------------------------------------------------------------------------
         Frequency separation             Interference contour of proposed translator station        Protected contour of commercial Class B station
--------------------------------------------------------------------------------------------------------------------------------------------------------
Co-channel............................  0.05 mV/m (34 dBu).....................................  0.5 mV/m (54 dBu)
200 kHz...............................  0.25 mV/m (48 dBu).....................................  0.5 mV/m (54 dBu)
400 kHz/ 600 kHz......................  50.0 mV/m (94 dBu).....................................  0.5 mV/m (54 dBu)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (2) Commercial Class B1 FM Stations (Protected Contour: 0.7 mV/m)

--------------------------------------------------------------------------------------------------------------------------------------------------------
         Frequency separation             Interference contour of proposed translator station        Protected contour of commercial Class B1 station
--------------------------------------------------------------------------------------------------------------------------------------------------------
Co-channel............................  0.07 mV/m (37 dBu).....................................  0.7 mV/m (57 dBu)
200 kHz...............................  0.35 mV/m (51 dBu).....................................  0.5 mV/m (57 dBu)
400 kHz/ 600 kHz......................  70.0 mV/m (97 dBu).....................................  0.7 mV/m (57 dBu)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (3) All Other Classes of FM Stations (Protected Contour: 1 mV/m)

--------------------------------------------------------------------------------------------------------------------------------------------------------
         Frequency separation                 Interference contour of proposed translator                 Protected contour of any other station
--------------------------------------------------------------------------------------------------------------------------------------------------------
Co-channel............................  0.1 mV/m (40 dBu)......................................  1 mV/m (60 dBu)
200 kHz...............................  0.5 mV/m (54 dBu)......................................  1 mV/m (60 dBu)
400 kHz/ 600 kHz......................  100 mV/m (100 dBu).....................................  1 mV/m (60 dBu)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (4) LP100 stations (Protected Contour: 1 mV/m)

--------------------------------------------------------------------------------------------------------------------------------------------------------
         Frequency separation             Interference contour of proposed translator station            Protected contour of LP100 LPFM station
--------------------------------------------------------------------------------------------------------------------------------------------------------
Co-channel............................  0.1 mV/m (40 dBu)......................................  1 mV/m (60 dBu)
200 kHz...............................  0.5 mV/m (54 dBu)......................................  1 mV/m (60 dBu)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Note to paragraph (a)(4): LP100 stations, to the purposes of 
determining overlap pursuant to this paragraph, LPFM applications and 
permits that have not yet been licensed must be considered as operating 
with the maximum permitted facilities. All LPFM TIS stations must be 
protected on the basis of a nondirectional antenna.

    (b) The following standards must be used to compute the distances to 
the pertinent contours:
    (1) The distances to the protected contours are computed using 
Figure 1 of Sec. 73.333 [F(50,50) curves] of this chapter.
    (2) The distances to the interference contours are computed using 
Figure 1a of Sec. 73.333 [F(50,10) curves] of this chapter. In the 
event that the distance to the contour is below 16 kilometers 
(approximately 10 miles), and therefore not covered by Figure 1a, curves 
in Figure 1 must be used.
    (3) The effective radiated power (ERP) to be used is the maximum ERP 
of the main radiated lobe in the pertinent azimuthal direction. If the 
transmitting antenna is not horizontally polarized only, either the 
vertical component or the horizontal component of the ERP should be 
used, whichever is greater in the pertinent azimuthal direction.
    (4) The antenna height to be used is the height of the radiation 
center above the average terrain along each pertinent radial, determined 
in accordance with Sec. 73.313(d) of this chapter.

[[Page 521]]

    (c) An application for a change (other than a change in channel) in 
the authorized facilities of an FM translator station will be accepted 
even though overlap of field strength contours would occur with another 
station in an area where such overlap does not already exist, if:
    (1) The total area of overlap with that station would not be 
increased:
    (2) The area of overlap with any other station would not increase;
    (3) The area of overlap does not move significantly closer to the 
station receiving the overlap; and,
    (4) No area of overlap would be created with any station with which 
the overlap does not now exist.
    (d) The provisions of this section concerning prohibited overlap 
will not apply where the area of such overlap lies entirely over water. 
In addition, an application otherwise precluded by this section will be 
accepted if it can be demonstrated that no actual interference will 
occur due to intervening terrain, lack of population or such other 
factors as may be applicable.
    (e) The provisions of this section will not apply to overlap between 
a proposed fill-in FM translator station and its primary station 
operating on a first, second or third adjacent channel, provided That 
such operation may not result in interference to the primary station 
within its principal community.
    (f) An application for an FM translator station will not be accepted 
for filing even though the proposed operation would not involve overlap 
of field strength contours with any other station, as set forth in 
paragraph (a) of this section, if grant of the authorization will result 
in interference to the reception of a regularly used, off-the-air signal 
of any authorized co-channel, first, second or third adjacent channel 
broadcast station, including previously authorized secondary service 
stations within the 45 dBu field strength contour of the desired 
station. Interference is demonstrated by:
    (1) The required minimum number of valid listener complaints as 
determined using Table 1 to Sec. 74.1203(a)(3) of this part and defined 
in Sec. 74.1201(k) of this part;
    (2) A map plotting the specific location of the alleged interference 
in relation to the complaining station's 45 dBu contour;
    (3) A statement that the complaining station is operating within its 
licensed parameters;
    (4) A statement that the complaining station licensee has used 
commercially reasonable efforts to inform the relevant translator 
licensee of the claimed interference and attempted private resolution; 
and
    (5) U/D data demonstrating that at each listener location the 
undesired to desired signal strength exceeds -20 dB for co-channel 
situations, -6 dB for first-adjacent channel situations or 40 dB for 
second- or third-adjacent channel situations, calculated using the 
methodology set out in paragraph (b) of this section.
    (g) An application for an FM translator or an FM booster station 
that is 53 or 54 channels removed from an FM radio broadcast station 
will not be accepted for filing if it fails to meet the required 
separation distances set out in Sec. 73.207 of this chapter. For 
purposes of determining compliance with Sec. 73.207 of this chapter, 
translator stations will be treated as Class A stations and booster 
stations will be treated the same as their FM radio broadcast station 
equivalents. FM radio broadcast station equivalents will be determined 
in accordance with Sec. Sec. 73.210 and 73.211 of this chapter, based 
on the booster station's ERP and HAAT. Provided, however, that FM 
translator stations and booster stations operating with less than 100 
watts ERP will be treated as class D stations and will not be subject to 
intermediate frequency separation requirements.
    (h) An application for an FM translator station will not be accepted 
for filing if it specifies a location within 320 kilometers 
(approximately 199 miles) of either the Canadian or Mexican borders and 
it does not comply with Sec. 74.1235(d) of this part.
    (i) FM booster stations shall be subject to the requirement that the 
signal of any first adjacent channel station must exceed the signal of 
the booster station by 6 dB at all points within the protected contour 
of any first adjacent channel station, except that in the case

[[Page 522]]

of FM stations on adjacent channels at spacings that do not meet the 
minimum distance separations specified in Sec. 73.207 of this chapter, 
the signal of any first adjacent channel station must exceed the signal 
of the booster by 6 dB at any point within the predicted interference 
free contour of the adjacent channel station.
    (j) FM translator stations authorized prior to June 1, 1991 with 
facilities that do not comply with the predicted interference protection 
provisions of this section, may continue to operate, provided that 
operation is in conformance with Sec. 74.1203 regarding actual 
interference. Applications for major changes in FM translator stations 
must specify facilities that comply with provisions of this section.

[55 FR 50694, Dec. 10, 1990, as amended at 56 FR 56170, Nov. 1, 1991; 58 
FR 42025, Aug. 6, 1993; 65 FR 7649, Feb. 15, 2000; 65 FR 67304, Nov. 9, 
2000; 65 FR 79780, Dec. 20, 2000; 84 FR 27741, June 14, 2019; 86 FR 
13664, Mar. 10, 2021]



Sec. 74.1205  Protection of channel 6 TV broadcast stations.

    The provisions of this section apply to all applications for 
construction permits for new or modified facilities for a noncommercial 
educational FM translator station on Channels 201-220, unless the 
application is accompanied by a written agreement between the NCE-FM 
translator applicant and each affected TV Channel 6 broadcast station 
licensee or permittee concurring with the proposed NCE-FM translator 
facility.
    (a) An application for a construction permit for new or modified 
facilities for a noncommercial educational FM translator station 
operating on Channels 201-220 must include a showing that demonstrates 
compliance with paragraph (b), (c) or (d) of this section if it is 
within the following distances of a TV broadcast station which is 
authorized to operate on Channel 6.

------------------------------------------------------------------------
                                                              Distance
                        FM Channel                          (kilometers)
------------------------------------------------------------------------
201.......................................................           148
202.......................................................           146
203.......................................................           143
204.......................................................           141
205.......................................................           140
206.......................................................           137
207.......................................................           135
208.......................................................           135
209.......................................................           135
210.......................................................           135
211.......................................................           135
212.......................................................           135
213.......................................................           135
214.......................................................           134
215.......................................................           134
216.......................................................           133
217.......................................................           133
218.......................................................           132
219.......................................................           132
220.......................................................           131
------------------------------------------------------------------------

    (b) Collocated stations. An application for a noncommercial 
educational FM translator station operating on Channels 201-220 and 
located at 0.4 kilometer (approximately 0.25 mile) or less from a TV 
Channel 6 station will be accepted if it includes a certification that 
the applicant has coordinated its antenna with the affected TV station.
    (c) Contour overlap. Except as provided in paragraph (b) of this 
section, an application for a noncommercial educational FM translator 
station operating on Channels 201-220 will not be accepted if the 
proposed operation would involve overlap of its interference field 
strength contour with any TV Channel 6 station's Grade B contour, as set 
forth below.
    (1) The distances to the TV Channel 6 station Grade B (47 dBu) field 
strength contour will be predicted according to the procedures specified 
in Sec. 73.684 of this chapter, using the F(50,50) curves in Sec. 
73.699, Figure 9 of this chapter.
    (2) The distances to the applicable noncommercial educational FM 
translator interference contour will be predicted according to the 
procedures specified in Sec. 74.1204(b) of this part.
    (3) The applicable noncommercial educational FM translator 
interference contours are as follows:

------------------------------------------------------------------------
                                                            Interference
                                                               Contour
                        FM channel                            F(50,10)
                                                            curves (dBu)
------------------------------------------------------------------------
201.......................................................            54
202.......................................................            56
203.......................................................            59
204.......................................................            62
205.......................................................            64
206.......................................................            69
207.......................................................            73
208.......................................................            73
209.......................................................            73
210.......................................................            73
211.......................................................            73

[[Page 523]]

 
212.......................................................            74
213.......................................................            75
214.......................................................            77
215.......................................................            78
216.......................................................            80
217.......................................................            81
218.......................................................            85
219.......................................................            88
220.......................................................            90
------------------------------------------------------------------------

    (d) FM translator stations authorized prior to June 1, 1991 with 
facilities that do not comply with the predicted interference protection 
provisions of this section, may continue to operate, provided that 
operation is in conformance with Sec. 74.1203 regarding actual 
interference. Applications for major changes in FM translator stations 
must specify facilities that comply with the provisions of this section.

[55 FR 50695, Dec. 10, 1990, as amended at 58 FR 42025, Aug. 6, 1993]



Sec. 74.1231  Purpose and permissible service.

    (a) FM translators provide a means whereby the signals of AM or FM 
broadcast stations may be retransmitted to areas in which direct 
reception of such AM or FM broadcast stations is unsatisfactory due to 
distance or intervening terrain barriers, and a means for AM Class D 
stations to continue operating at night.
    (b) An FM translator may be used for the purpose of retransmitting 
the signals of a primary AM or FM radio broadcast station or another 
translator station the signal of which is received directly through 
space, converted, and suitably amplified, and originating programming to 
the extent authorized in paragraphs (f), (g), and (h) of this section. 
However, an FM translator providing fill-in service may use any 
terrestrial facilities to receive the signal that is being rebroadcast. 
An FM booster station or a noncommercial educational FM translator 
station that is operating on a reserved channel (Channels 201-220) and 
is owned and operated by the licensee of the primary noncommercial 
educational station it rebroadcasts may use alternative signal delivery 
means, including, but not limited to, satellite and terrestrial 
microwave facilities. Provided, however, that an applicant for a 
noncommercial educational translator operating on a reserved channel 
(Channel 201-220) and owned and operated by the licensee of the primary 
noncommercial educational AM or FM station it rebroadcasts complies with 
either paragraph (b)(1) or (b)(2) of this section:
    (1) The applicant demonstrates that:
    (i) The transmitter site of the proposed FM translator station is 
within 80 kilometers of the predicted 1 mV/m contour of the primary 
station to be rebroadcast; or,
    (ii) The transmitter site of the proposed FM translator station is 
more than 160 kilometers from the transmitter site of any authorized 
full service noncommercial educational FM station; or,
    (iii) The application is mutually exclusive with an application 
containing the showing as required by paragraph 74.1231(b)(2) (i) or 
(ii) of this section; or,
    (iv) The application is filed after October 1, 1992.
    (2) If the transmitter site of the proposed FM translator station is 
more than 80 kilometers from the predicted 1 mV/m contour of the primary 
station to be rebroadcast or is within 160 kilometers of the transmitter 
site of any authorized full service noncommercial educational FM 
station, the applicant must show that:
    (i) An alternative frequency can be used at the same site as the 
proposed FM translator's transmitter location and can provide signal 
coverage to the same area encompassed by the applicant's proposed 1 mV/m 
contour; or,
    (ii) An alternative frequency can be used at a different site and 
can provide signal coverage to the same area encompassed by the 
applicant's proposed 1 mV/m contour.

    Note: For paragraphs 74.1231(b) and 74.1231(i) of this section, 
auxiliary intercity relay station frequencies may be used to deliver 
signals to FM translator and booster stations on a secondary basis only. 
Such use shall not interfere with or otherwise preclude use of these 
frequencies for transmitting aural programming between the studio and 
transmitter location of a broadcast station, or between broadcast 
stations, as provided in paragraphs 74.531 (a) and (b) of this part. 
Prior to filing an application for an

[[Page 524]]

auxiliary intercity relay microwave frequency, the applicant shall 
notify the local frequency coordination committee, or, in the absence of 
a local frequency coordination committee, any licensees assigned the use 
of the proposed operating frequency in the intended location or area of 
operation.

    (c) The transmissions of each FM translator or booster station shall 
be intended only for direct reception by the general public. An FM 
translator or booster shall not be operated solely for the purpose of 
relaying signals to one or more fixed received points for 
retransmission, distribution, or further relaying in order to establish 
a point-to-point FM radio relay system.
    (d) The technical characteristics of the retransmitted signals shall 
not be deliberately altered so as to hinder reception on conventional FM 
broadcast receivers.
    (e) An FM translator shall not deliberately retransmit the signals 
of any station other than the station it is authorized to retransmit. 
Precautions shall be taken to avoid unintentional retransmission of such 
other signals.
    (f) A locally generated radio frequency signal similar to that of an 
FM broadcast station and modulated with aural information may be 
connected to the input terminals of an FM translator for the purpose of 
transmitting voice announcements. The radio frequency signals shall be 
on the same channel as the normally used off-the-air signal being 
rebroadcast. Connection of the locally generated signals shall be made 
by any automatic means when transmitting originations concerning 
financial support. The connections for emergency transmissions may be 
made manually. The apparatus used to generate the local signal that is 
used to modulate the FM translator must be capable of producing an aural 
signal which will provide acceptable reception on FM receivers designed 
for the transmission standards employed by FM broadcast stations.
    (g) The aural material transmitted as permitted in paragraph (f) of 
this section shall be limited to emergency warnings of imminent danger 
and to seeking or acknowledging financial support deemed necessary to 
the continued operation of the translator. Originations concerning 
financial support are limited to a total of 30 seconds an hour. Within 
this limitation the length of any particular announcement will be left 
to the discretion of the translator station licensee. Solicitations of 
contributions shall be limited to the defrayal of the costs of 
installation, operation and maintenance of the translator or 
acknowledgements of financial support for those purposes. Such 
acknowledgements may include identification of the contributors, the 
size or nature of the contributions and advertising messages of 
contributors. Emergency transmissions shall be no longer or more 
frequent than necessary to protect life and property.
    (h) An FM translator station that rebroadcasts a Class D AM radio 
broadcast station as its primary station may originate programming 
during the hours the primary station is not operating, subject to the 
provisions of Sec. 74.1263(b) of this part.
    (i) FM broadcast booster stations provide a means whereby the 
licensee of an FM broadcast station may provide service to areas in any 
region within the primary station's predicted, authorized service 
contours. An FM broadcast booster station is authorized to retransmit 
only the signals of its primary station which have been received 
directly through space and suitably amplified, or received by 
alternative signal delivery means including, but not limited to, 
satellite and terrestrial microwave facilities. The FM booster station 
shall not retransmit the signals of any other station nor make 
independent transmissions, except that locally generated signals may be 
used to excite the booster apparatus for the purpose of conducting tests 
and measurements essential to the proper installation and maintenance of 
the apparatus.

    Note: In the case of an FM broadcast station authorized with 
facilities in excess of those specified by Sec. 73.211 of this chapter, 
an FM booster station will only be authorized within the protected 
contour of the class of station being rebroadcast as predicted on the 
basis of the maximum powers and heights set

[[Page 525]]

forth in that section for the applicable class of FM broadcast station 
concerned.

[35 FR 15388, Oct. 2, 1970, as amended at 45 FR 37842, June 5, 1980; 52 
FR 31406, Aug. 20, 1987; 53 FR 14803, Apr. 26, 1988; 54 FR 35342, Aug. 
25, 1989; 55 FR 50695, Dec. 10, 1990; 57 FR 41111, Sept. 9, 1992; 58 FR 
42026, Aug. 6, 1993; 63 FR 33879, June 22, 1998; 74 FR 45130, Sept. 1, 
2009]



Sec. 74.1232  Eligibility and licensing requirements.

    (a) Subject to the restrictions set forth in paragraph (d) of this 
section, a license for an FM broadcast translator station may be issued 
to any qualified individual, organized group of individuals, broadcast 
station licensee, or local civil governmental body, upon an appropriate 
showing that plans for financing the installation and operation of the 
translator are sufficiently sound to assure prompt construction of the 
translator and dependable service.
    (b) More than one FM translator may be licensed to the same 
applicant, whether or not such translators serve substantially the same 
area, upon an appropriate showing of technical need for such additional 
stations. FM translators are not counted as FM stations for the purpose 
of Sec. 73.3555 of this chapter concerning multiple ownership.

    Note: As used in this section need refers to the quality of the 
signal received and not to the programming content, format, or 
transmission needs of an area.

    (c) Only one input and one output channel will be assigned to each 
FM translator. Additional FM translators may be authorized to provide 
additional reception. A separate application is required for each FM 
translator and each application shall be complete in all respects.
    (d) An authorization for an FM translator whose coverage contour 
extends beyond the protected contour of the commercial primary station 
will not be granted to the licensee or permittee of a commercial FM 
radio broadcast station. Similarly, such authorization will not be 
granted to any person or entity having any interest whatsoever, or any 
connection with a primary FM station. Interested and connected parties 
extend to group owners, corporate parents, shareholders, officers, 
directors, employees, general and limited partners, family members and 
business associates. For the purposes of this paragraph, the protected 
contour of the primary station shall be defined as follows: the 
predicted 0.5mV/m contour for commercial Class B stations, the predicted 
0.7 mV/m contour for commercial Class B1 stations and the predicted 1 
mV/m field strength contour for all other FM radio broadcast stations. 
The contours shall be as predicted in accordance with Sec. 73.313(a) 
through (d) of this chapter. In the case of an FM radio broadcast 
station authorized with facilities in excess of those specified by Sec. 
73.211 of this chapter, a co-owned commercial FM translator will only be 
authorized within the protected contour of the class of station being 
rebroadcast, as predicted on the basis of the maximum powers and heights 
set forth in that section for the applicable class of FM broadcast 
station concerned. An FM translator station in operation prior to March 
1, 1991, which is owned by a commercial FM (primary) station and whose 
coverage contour extends beyond the protected contour of the primary 
station, may continue to be owned by such primary station until March 1, 
1994. Thereafter, any such FM translator station must be owned by 
independent parties. An FM translator station in operation prior to June 
1, 1991, which is owned by a commercial FM radio broadcast station and 
whose coverage contour extends beyond the protected contour of the 
primary station, may continue to be owned by a commercial FM radio 
broadcast station until June 1, 1994. Thereafter, any such FM translator 
station must be owned by independent parties. An FM translator providing 
service to an AM fill-in area will be authorized only to the permittee 
or licensee of the AM radio broadcast station being rebroadcast, or, in 
the case of an FM translator authorized to operate on an unreserved 
channel, to a party with a valid rebroadcast consent agreement with such 
a permittee or licensee to rebroadcast that station as the translator's 
primary station. In addition, any FM translator providing service to an 
AM fill-in area must have been authorized by a license or construction 
permit in effect as of May 1, 2009, or pursuant to an application that

[[Page 526]]

was pending as of May 1, 2009. A subsequent modification of any such FM 
translator will not affect its eligibility to rebroadcast an AM signal.
    (e) An FM translator station whose coverage contour goes beyond the 
protected contour of the commercial primary station shall not receive 
any support, before or after construction, either directly or 
indirectly, from the commercial primary FM radio broadcast station. Such 
support also may not be received from any person or entity having any 
interest whatsoever, or any connection with the primary FM station. 
Interested and connected parties extend to group owners, corporate 
parents, shareholders, officers, directors, employees, general and 
limited partners, family members and business associates. Such an FM 
translator station may, however, receive technical assistance from the 
primary station to the extent of installing or repairing equipment or 
making adjustments to equipment to assure compliance with the terms of 
the translator station's construction permit and license. FM translator 
stations in operation prior to March 1, 1991 may continue to receive 
contributions or support from the commercial primary station for the 
operation and maintenance of the translator station until March, 1, 
1994. Thereafter, any such FM translator station shall be subject to the 
prohibitions on support contained in this section. Such an FM translator 
station may, however, receive technical assistance from the primary 
station to the extent of installing or repairing equipment or making 
adjustments to equipment to assure compliance with the terms of the 
translator station's construction permit and license. FM translator 
stations in operation prior to June 1, 1991 may continue to receive 
contributions or support from a commercial FM radio broadcast station 
for the operation and maintenance of the translator station until June 
1, 1994. Thereafter, any such FM translator station shall be subject to 
the prohibitions on support contained in this section.

    Note: ``Technical assistance'' refers to actual services provided by 
the primary station's technical staff or compensation for the time and 
services provided by independent engineering personnel. Conversely, such 
support must not include the supply of equipment or direct funding for 
the translator's discretionary use. ``Technical assistance'' must occur 
after the issuance of the translator's construction permit or license in 
order to meet expenses incurred by installing, repairing, or making 
adjustments to equipment.

    (f) An FM broadcast booster station will be authorized only to the 
licensee or permittee of the FM radio broadcast station whose signals 
the booster station will retransmit, to serve areas within the protected 
contour of the primary station, subject to Note, Sec. 74.1231(h) of 
this part.
    (g) No numerical limit is placed upon the number of FM booster 
stations which may be licensed to a single licensee. A separate 
application is required for each FM booster station. FM broadcast 
booster stations are not counted as FM broadcast stations for the 
purposes of Sec. 73.5555 of this chapter concerning multiple ownership.
    (h) Any authorization for an FM translator station issued to an 
applicant described in paragraphs (d) and (e) of this section will be 
issued subject to the condition that it may be terminated at any time, 
upon not less than sixty (60) days written notice, where the 
circumstances in the community or area served are so altered as to have 
prohibited grant of the application had such circumstances existed at 
the time of its filing.

[35 FR 15388, Oct. 2, 1970, as amended at 43 FR 14660, Apr. 7, 1978; 52 
FR 10571, Apr. 2, 1987; 52 FR 31406, Aug. 20, 1987; 55 FR 50696, Dec. 
10, 1990; 58 FR 42026, Aug. 6, 1993; 74 FR 45130, Sept. 1, 2009; 77 FR 
21015, Apr. 9, 2012]



Sec. 74.1233  Processing FM translator and booster station applications.

    (a) Applications for FM translator and booster stations are divided 
into two groups:
    (1)(i) In the first group are applications for new stations or for 
major changes in the facilities of authorized stations. For FM 
translator stations, a major change is:
    (A) Any change in frequency (output channel) except--
    (1) Changes to first, second or third adjacent channels, or 
intermediate frequency channels; or

[[Page 527]]

    (2) Upon a showing of interference to or from any other broadcast 
station, remedial changes to any same-band frequency; or
    (B) Any change in antenna location where the station would not 
continue to provide 1 mV/m service to some portion of its previously 
authorized 1 mV/m service area. In addition, any change in frequency 
relocating an unbuilt station from the non-reserved band to the reserved 
band, or from the reserved band to the non-reserved band, will be 
considered major. All other changes will be considered minor.
    (ii) All major changes are subject to the provisions of Sec. Sec. 
73.3580 and 1.1104 of this chapter pertaining to major changes.
    (2) In the second group are applications for licenses and all other 
changes in the facilities of the authorized station.
    (b) Processing booster and reserved band FM translator applications.
    (1) Applications for minor modifications for reserved band FM 
translator stations, as defined in paragraph (a)(2) of this section, 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, 
conflicting applicants. The FCC will periodically release a Public 
Notice listing those applications accepted for filing. Conflicting 
applications received on the same day will be treated as simultaneously 
filed and mutually exclusive. Conflicting applications received after 
the filing of a first acceptable application will be grouped, according 
to filing date, behind the lead application in a queue. The priority 
rights of the lead applicant, against all other applicants, are 
determined by the date of filing, but the filing date for subsequent, 
conflicting applicants only reserves a place in the queue. The rights of 
an applicant in a queue ripen only upon a final determination that the 
lead applicant is unacceptable and if the queue member is reached and 
found acceptable. The queue will remain behind the lead applicant until 
a construction permit is finally granted, at which time the queue 
dissolves.
    (2) All other applications for booster stations and reserved band FM 
translator stations will be processed as nearly as possible in the order 
in which they are filed. Such applications will be placed in the 
processing line in numerical sequence, and will be drawn by the staff 
for study, the lowest file number first. In order that those 
applications which are entitled to be grouped for processing may be 
fixed prior to the time processing of the earliest filed application is 
begun, the FCC will periodically release a Public Notice listing 
reserved band applications that have been accepted for filing and 
announcing a date (not less than 30 days after publication) on which the 
listed applications will be considered available and ready for 
processing and by which all mutually exclusive applications and/or 
petitions to deny the listed applications must be filed.
    (3) Applications for reserved band FM translator stations will be 
processed using filing window procedures. The FCC will specify by Public 
Notice, a period for filing reserved band FM translator applications for 
a new station or for major modifications in the facilities of an 
authorized station. FM translator applications for new facilities or for 
major modifications will be accepted only during these specified 
periods. 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.
    (4) Timely filed applications for new facilities or for major 
modifications for reserved band FM Translators will be processed 
pursuant to the procedures set forth in subpart K of part 73 (Sec. 
73.7000 et seq.) Subsequently, the FCC will release Public Notices 
identifying: mutually exclusive groups of applications; applications 
received during the window filing period which are found to be non-
mutually exclusive; tentative selectees determined pursuant to the point 
system procedures set forth in Sec. 73.7003 of this chapter; and 
acceptable applications. The Public Notices will also announce: 
additional procedures to be followed for certain groups of applications; 
deadlines for filing additional information; and dates by which

[[Page 528]]

petitions to deny must be filed in accordance with the provisions of 
Sec. 73.7004 of this chapter. If the applicant is duly qualified, and 
upon examination, the FCC finds that the public interest, convenience 
and necessity will be served by the granting of the application, it will 
be granted. If an application is found not to be acceptable for filing, 
the application will be returned, and subject to the amendment 
requirements of Sec. 73.3522 of this chapter.
    (c) In the case of an application for an instrument of 
authorization, other than a license pursuant to a construction permit, 
grant will be based on the application, the pleadings filed, and such 
other matters that may be officially noticed. Before a grant can be made 
it must be determined that:
    (1) There is not pending a mutually exclusive application.
    (2) The applicant is legally, technically, financially and otherwise 
qualified;
    (3) The applicant is not in violation of any provisions of law, the 
FCC rules, or established policies of the FCC; and
    (4) A grant of the application would otherwise serve the public 
interest, convenience and necessity.
    (d) Processing non-reserved band FM translator applications.
    (1) Applications for minor modifications for non-reserved band FM 
translator stations, as defined in paragraph (a)(2) of this section, 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, 
conflicting applicants. The FCC will periodically release a Public 
Notice listing those applications accepted for filing. Applications 
received on the same day will be treated as simultaneously filed and, if 
they are found to be mutually exclusive, must be resolved through 
settlement or technical amendment. Conflicting applications received 
after the filing of a first acceptable application will be grouped, 
according to filing date, behind the lead application in a queue. The 
priority rights of the lead applicant, against all other applicants, are 
determined by the date of filing, but the filing date for subsequent, 
conflicting applicants only reserves a place in the queue. The rights of 
an applicant in a queue ripen only upon a final determination that the 
lead applicant is unacceptable and if the queue member is reached and 
found acceptable. The queue will remain behind the lead applicant until 
a construction permit is finally granted, at which time the queue 
dissolves.
    (2)(i) The FCC will specify by Public Notice, pursuant to Sec. 
73.5002(a) of this chapter, a period for filing non-reserved band FM 
translator applications for a new station or for major modifications in 
the facilities of an authorized station. FM translator applications for 
new facilities or for major modifications, whether for commercial 
broadcast stations or noncommercial educational broadcast stations, as 
described in 47 U.S.C. 397(6), will be accepted only during these 
specified periods. 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.
    (ii) Such FM translator applicants will be subject to the provisions 
of Sec. Sec. 1.2105 and 73.5002(a) regarding the submission of the 
short-form application, FCC Form 175, and all appropriate 
certifications, information and exhibits contained therein. To determine 
which FM translator applications are mutually exclusive, FM translator 
applicants must submit the engineering data contained in FCC Form 349 as 
a supplement to the short-form application. Such engineering data will 
not be studied for technical acceptability, but will be protected from 
subsequently filed applications as of the close of the window filing 
period. Determinations as to the acceptability or grantability of an 
applicant's proposal will not be made prior to an auction.
    (iii) FM translator applicants will be subject to the provisions of 
Sec. 1.2105 regarding the modification and dismissal of their short-
form applications.
    (iv) Consistent with Sec. 1.2105(a), beginning January 1, 1999, all 
short-form applications must be filed electronically.
    (3) Subsequently, the FCC will release Public Notices:
    (i) Identifying the short-form applications received during the 
appropriate

[[Page 529]]

filing period or ``window'' which are found to be mutually exclusive, 
including any applications for noncommercial educational broadcast 
stations, as defined in 47 U.S.C. 397(6), as well as the procedures the 
FCC will use to resolve the mutually exclusive applications;
    (ii) Establishing a date, time and place for an auction;
    (iii) Providing information regarding the methodology of competitive 
bidding to be used in the upcoming auction, bid submission and payment 
procedures, upfront payment procedures, upfront payment deadlines, 
minimum opening bid requirements and applicable reserve prices in 
accordance with the provisions of Sec. 73.5002;
    (iv) Identifying applicants who have submitted timely upfront 
payments and, thus, are qualified to bid in the auction.
    (4) After the close of the filing window, the FCC will also release 
a Public Notice identifying any short-form applications which are found 
to be non-mutually exclusive, including any applications for 
noncommercial educational broadcast stations, as described in 47 U.S.C. 
397(6). These non-mutually exclusive applicants will be required to 
submit the appropriate long form application within 30 days of the 
Public Notice and, for applicants for commercial broadcast stations, 
pursuant to the provisions of Sec. 73.5005 of this chapter. Non-
mutually exclusive applications for commercial broadcast stations will 
be processed and the FCC will periodically release a Public Notice 
listing such non-mutually exclusive applications determined to be 
acceptable for filing and announcing a date by which petitions to deny 
must be filed in accordance with the provisions of Sec. Sec. 73.5006 
and 73.3584 of this chapter. Non-mutually exclusive applications for 
noncommercial educational broadcast stations, as described by 47 U.S.C. 
397(6), will be processed and the FCC will periodically release a Public 
Notice listing such non-mutually exclusive applications determined to be 
acceptable for filing and announcing a date by which petitions to deny 
must be filed in accordance with the provisions of Sec. Sec. 73.7004 
and 73.3584 of this chapter. If the applicants are duly qualified, and 
upon examination, the FCC finds that the public interest, convenience 
and necessity will be served by the granting of the non-mutually 
exclusive long-form application, the same will be granted.
    (5)(i) Pursuant to Sec. 1.2107 of this chapter, a winning bidder 
that meets its down payment obligations in a timely manner must, within 
30 days of the release of the public notice announcing the close of the 
auction, submit the appropriate long-form application for each 
construction permit for which it was the winning bidder. Long-form 
applications filed by winning bidders shall include the exhibits 
identified in Sec. 73.5005 of this chapter.
    (ii) Winning bidders are required to pay the balance of their 
winning bids in a lump sum prior to the deadline established by the 
Commission pursuant to Sec. 1.2109(a) of this chapter. Long-form 
construction permit applications will be processed and the FCC will 
periodically release a Public Notice listing such applications that have 
been accepted for filing and announcing a date by which petitions to 
deny must be filed in accordance with the provisions of Sec. Sec. 
73.5006 and 73.3584. Construction permits will be granted by the 
Commission only after full and timely payment of winning bids and any 
applicable late fees, and if the applicant is duly qualified, and upon 
examination, the FCC finds that the public interest, convenience and 
necessity will be served. If a winning bidder fails to pay the balance 
of its winning bid in a lump sum by the applicable deadline as specified 
by the Commission, it will be allowed to make payment within ten (10) 
business days after the payment deadline, provided that it also pays a 
late fee equal to five (5) percent of the amount due in accordance with 
Sec. 1.2109(a) of this chapter. Construction of the FM translator 
station shall not commence until the grant of such permit to the winning 
bidder and only after full and timely payment of winning bids and any 
applicable late fees.
    (iii) All long-form applications will be cut-off as of the date of 
filing with the FCC and will be protected from subsequently filed long-
form translator applications. Applications will be required to protect 
all previously filed

[[Page 530]]

applications. Winning bidders filing long-form applications may change 
the technical proposals specified in their previously submitted short-
form applications, but such change may not constitute a major change. If 
the submitted long-form application would constitute a major change from 
the proposal submitted in the short-form application or the allotment, 
the long-form application will be returned pursuant to paragraph 
(d)(2)(i) of this section.
    (e) Selection of mutually exclusive reserved band FM translator 
applications.
    (1) Applications for FM translator stations proposing to provide 
fill-in service (within the primary station's protected contour) of the 
commonly owned primary station will be given priority over all other 
applications.
    (2) Where applications for FM translator stations are mutually 
exclusive and do not involve a proposal to provide fill-in service of 
commonly owned primary stations, the FCC may stipulate different 
frequencies as necessary for the applicants.
    (3) Where there are no available frequencies to substitute for a 
mutually exclusive application, the FCC will apply the same point system 
identified for full service reserved band FM stations in Sec. 
73.7003(b) of this chapter. In the event of a tie, the FCC will 
consider:
    (i) Existing authorizations. Each applicant's number of existing 
radio authorizations (licenses and construction permits for AM, FM, and 
FM-translators but excluding fill-in translators) as of the time of 
application shall be compared, and the applicant with the fewest 
authorizations will be chosen as tentative selectee. If each applicant 
is applying for a fill-in translator only, and consideration of its 
other radio stations is not dispositive, its number of existing fill-in 
translator authorizations will also be considered, and the fill-in 
applicant with the fewest fill-in authorizations will be chosen as 
tentative selectee.
    (ii) Existing applications. If a tie remains, after the tie breaker 
in paragraph (e)(3)(i) of this section, the remaining applicant with the 
fewest pending radio new and major change applications (AM, FM, and non 
fill-in FM translators) will be chosen as tentative selectee. If each 
applicant is applying for a fill-in translator only, and consideration 
of its other radio stations is not dispositive, its number of existing 
fill-in translator applications will also be considered, and the fill-in 
applicant with the fewest fill-in authorizations will be chosen as 
tentative selectee.
    (iii) Where the procedures in paragraphs (e)(1), (e)(2) and 
(e)(3)(i) and (e)(3)(ii) of this section fail to resolve the mutual 
exclusivity, the applications will be processed on a first-come-first-
served basis.

[63 FR 48632, Sept. 11, 1998, as amended at 64 FR 19502, Apr. 21, 1999; 
65 FR 36382, June 8, 2000; 66 FR 15357, Mar. 19, 2001; 67 FR 45375, July 
9, 2002; 68 FR 26229, May 15, 2003; 71 FR 6229, Feb. 7, 2006; 76 FR 
18953, Apr. 6, 2011; 84 FR 27741, June 14, 2019]



Sec. 74.1234  Unattended operation.

    (a) A station authorized under this subpart may be operated without 
a designated person in attendance if the following requirements are met:
    (1) If the transmitter site cannot be reached promptly at all hours 
and in all seasons, means shall be provided so that the transmitting 
apparatus can be turned on and off at will from a point which is readily 
accessible at all hours and in all seasons.
    (2) The transmitter shall also be equipped with suitable automatic 
circuits which will place it in a nonradiating condition in the absence 
of a signal on the input channel.
    (3) The on-and-off control (if at a location other than the 
transmitter site) and the transmitting apparatus, shall be adequately 
protected against tampering by unauthorized persons.
    (4) The FCC in Washington, DC, Attention: Audio Division, Media 
Bureau, shall be supplied by letter with the name, address, and 
telephone number of a person or persons who may be contacted to secure 
suspension of operation of the translator promptly should such action be 
deemed necessary by the Commission. Such information shall be kept 
current by the licensee.
    (5) Where the antenna and supporting structure are required to be 
painted and lighted under the provisions of

[[Page 531]]

Part 17 of this chapter, the licensee shall make suitable arrangements 
for the daily inspection and logging of the obstruction lighting and 
associated control equipment as required by Sec. Sec. 17.47, 17.48, and 
17.49 of this chapter.
    (b) An application for authority to construct a new station pursuant 
to this subpart or to make changes in the facilities of such a station, 
which proposes unattended operation shall include an adequate showing as 
to the manner of compliance with this section.

[35 FR 15388, Oct. 2, 1970, as amended at 37 FR 18540, Sept. 13, 1972; 
38 FR 25992, Sept. 17, 1973; 60 FR 55484, Nov. 1, 1995; 63 FR 33879, 
June 22, 1998; 67 FR 13234, Mar. 21, 2002]



Sec. 74.1235  Power limitations and antenna systems.

    (a) An application for an FM translator station filed by the 
licensee or permittee of the primary station to provide fill-in service 
within the primary station's coverage area will not be accepted for 
filing if it specifies an effective radiated power (ERP) which exceeds 
250 watts.
    (b) An application for an FM translator station, other than one for 
fill-in service which is covered in paragraph (a) of this section, will 
not be accepted for filing if it specifies an effective radiated power 
(ERP) which exceeds the maximum ERP (MERP) value determined in 
accordance with this paragraph. The antenna height above average terrain 
(HAAT) shall be determined in accordance with Sec. 73.313(d) of this 
chapter for each of 12 distinct radials, with each radial spaced 30 
degrees apart and with the bearing of the first radial bearing true 
north. Each raidal HAAT value shall be rounded to the nearest meter. For 
each of the 12 radial directions, the MERP is the value corresponding to 
the calculated HAAT in the following tables that is appropriate for the 
location of the translator. For an application specifying a 
nondirectional transmitting antenna, the specified ERP must not exceed 
the smallest of the 12 MERP's. For an application specifying a 
directional transmitting antenna, the ERP in each azimuthal direction 
must not exceed the MERP for the closest of the 12 radial directions.
    (1) For FM translators located east of the Mississippi River or in 
Zone I-A as described in Sec. 73.205(b) of this chapter:

------------------------------------------------------------------------
                                                             Maximum ERP
                    Radial HAAT (meters)                       (MERP in
                                                                watts)
------------------------------------------------------------------------
Less than or equal to 32...................................          250
33 to 39...................................................          170
40 to 47...................................................          120
48 to 57...................................................           80
58 to 68...................................................           55
69 to 82...................................................           38
83 to 96...................................................           27
97 to 115..................................................           19
116 to 140.................................................           13
Greater than or equal to 141...............................           10
------------------------------------------------------------------------

    (2) For FM translators located in all other areas:

------------------------------------------------------------------------
                                                             Maximum ERP
                    Radial HAAT (meters)                       (MERP in
                                                                watts)
------------------------------------------------------------------------
Less than or equal to 107..................................          250
108 to 118.................................................          205
119 to 130.................................................          170
131 to 144.................................................          140
145 to 157.................................................          115
158 to 173.................................................           92
174 to 192.................................................           75
193 to 212.................................................           62
213 to 235.................................................           50
236 to 260.................................................           41
261 to 285.................................................           34
286 to 310.................................................           28
311 to 345.................................................           23
346 to 380.................................................           19
381 to 425.................................................         15.5
426 to 480.................................................           13
481 to 540.................................................           11
Greater than or equal to 541...............................           10
------------------------------------------------------------------------

    (c) The effective radiated power of FM booster stations shall be 
limited such that the predicted service contour of the booster station, 
computed in accordance with Sec. 73.313 paragraphs (a) through (d) of 
this chapter, may not extend beyond the corresponding service contour of 
the primary FM station that the booster rebroadcasts. In no event shall 
the ERP of the booster station exceed 20% of the maximum allowable ERP 
for the primary station's class.
    (d)(1) Translator or booster stations located within 125 kilometers 
of the Mexican border may not exceed an ERP of 50 watts (0.050 kW) in 
the direction of the Mexican border. Such stations also may not produce 
an interfering contour in excess of 32 km from the transmitter site in 
the direction of the Mexican border, nor may the 60 dBu service contour 
exceed 8.7 km from

[[Page 532]]

the transmitter site in the direction of the Mexican border.
    (2) Translator or booster stations located between 125 kilometers 
and 320 kilometers from the Mexican border may operate with an ERP in 
excess of 50 watts. However, in no event shall the location of the 60 
dBu contour lie within 116.3 km of the Mexican border.
    (3) Applications for translator or booster stations within 320 km of 
the Canadian border may employ an ERP up to a maximum of 250 watts, as 
specified in Sec. 74.1235(a) and (b). The distance to the 34 dBu 
interfering contour may not exceed 60 km in any direction.
    (e) In no event shall a station authorized under this subpart be 
operated with a transmitter power output (TPO) in excess of the 
transmitter certificated rating. A station authorized under this subpart 
for a TPO that is less than its transmitter certificated rating shall 
determine its TPO in accordance with Sec. 73.267 of this chapter and 
its TPO shall not be more than 105 percent of the authorized TPO.
    (f) Composite antennas and antenna arrays may be used where the 
total ERP does not exceed the maximum determined in accordance with 
paragraphs (a), (b) or (c) of this section.
    (g) Either horizontal, vertical, circular or elliptical polarization 
may be used provided that the supplemental vertically polarized ERP 
required for circular or elliptical polarization does not exceed the ERP 
otherwise authorized. Either clockwise or counterclockwise rotation may 
be used. Separate transmitting antennas are permitted if both horizontal 
and vertical polarization is to be provided.
    (h) All applications must comply with Sec. 73.316, paragraphs (d) 
and (e) of this chapter.
    (i) An application that specifies use of a directional antenna must 
comply with Sec. 73.316, paragraphs (c)(1) through (c)(3) of this 
chapter. Prior to issuance of a license, the applicant must: (1) Certify 
that the antenna is mounted in accordance with the specific instructions 
provided by the antenna manufacturer; and (2) certify that the antenna 
is mounted in the proper orientation. In instances where a directional 
antenna is proposed for the purpose of providing protection to another 
facility, a condition may be included in the construction permit 
requiring that before program tests are authorized, a permittee: (1) 
Must submit the results of a complete proof-of-performance to establish 
the horizontal plane radiation patterns for both the horizontally and 
vertically polarized radiation components; and, (2) must certify that 
the relative field strength of neither the measured horizontally nor 
vertically polarized radiation component shall exceed at any azimuth the 
value indicated on the composite radiation pattern authorized by the 
construction permit.

    Note: Existing licensees and permittees that do not furnish data 
sufficient to calculate the contours in conformance with Sec. 74.1204 
will be assigned protected contours having the following radii:

Up to 10 watts--1 mile (1.6 km) from transmitter site.
Up to 100 watts--2 miles (3.2 km) from transmitter site.
Up to 250 watts--4 miles (6.5 km) from transmitter site.

    (j) FM translator stations authorized prior to June 1, 1991, with 
facilities that do not comply with the ERP limitation of paragraph (a) 
or (b) of this section, as appropriate, may continue to operate, 
provided that operation is in conformance with Sec. 74.1203 regarding 
interference. Applications for major changes in FM translator stations 
must specify facilities that comply with paragraph (a) or (b) of this 
section, as appropriate.

[55 FR 50697, Dec. 10, 1990, as amended at 56 FR 56170, Nov. 1, 1991; 58 
FR 42026, Aug. 6, 1993; 62 FR 51063, Sept. 30, 1997; 63 FR 33879, June 
22, 1998; 63 FR 36605, July 7, 1998; 87 FR 15344, Mar. 18, 2022]



Sec. 74.1236  Emission and bandwidth.

    (a) The license of a station authorized under this subpart allows 
the transmission of either F3 or other types of frequency modulation 
(see Sec. 2.201 of this chapter) upon a showing of need, as long as the 
emission complies with the following:
    (1) For transmitter output powers no greater than 10 watts, 
paragraphs (b), (c), and (d) of this section apply.
    (2) For transmitter output powers greater than 10 watts, Sec. 
73.317 (a), (b), (c), and (d) apply.

[[Page 533]]

    (b) Standard width FM channels will be assigned and the transmitting 
apparatus shall be operated so as to limit spurious emissions to the 
lowest practicable value. Any emissions including intermodulation 
products and radiofrequency harmonics which are not essential for the 
transmission of the desired aural information shall be considered to be 
spurious emissions.
    (c) The power of emissions appearing outside the assigned channel 
shall be attenuated below the total power of the emission as follows:

------------------------------------------------------------------------
                                                               Minimum
                                                             attenuation
         Distance of emission from center frequency             below
                                                             unmodulated
                                                               carrier
------------------------------------------------------------------------
120 to 240 kHz.............................................        25 dB
Over 240 and up to 600 kHz.................................        35 dB
Over 600 kHz...............................................        60 dB
------------------------------------------------------------------------

    (d) Greater attenuation than that specified in paragraph (c) of this 
section may be required if interference results outside the assigned 
channel.

[35 FR 15388, Oct. 2, 1970, as amended at 52 FR 31406, Aug. 20, 1987; 55 
FR 50698, Dec. 10, 1990]



Sec. 74.1237  Antenna location.

    (a) An applicant for a new station to be authorized under this 
subpart or for a change in the facilities of such a station shall 
endeavor to select a site which will provide a line-of-sight 
transmission path to the entire area intended to be served and at which 
there is available a suitable signal from the primary station. The 
transmitting antenna should be placed above growing vegetation and trees 
lying in the direction of the area intended to be served, to minimize 
the possiblity of signal absorption by foliage.
    (b) Consideration should be given to accessibility of the site at 
all seasons of the year and to the availability of facilities for the 
maintenance and operation of the FM translator.
    (c) Consideration should be given to the existence of strong 
radiofrequency fields from other transmitters at the translator site and 
the possibility that such fields may result in the retransmission of 
signals originating on frequencies other than that of the primary 
station.
    (d) The transmitting antenna of an FM booster station shall be 
located within the protected contour of its primary station, subject to 
Note, Sec. 74.1231 (h). The transmitting antenna of a commonly owned 
commercial FM translator station shall be located within the protected 
contour of its commercial primary FM station.
    (e) Where an FM translator or booster licensee or permittee proposes 
to mount its antenna on or near an AM tower, as defined in Sec. 
1.30002, the FM translator or booster licensee or permittee must comply 
with Sec. 1.30003 or Sec. 1.30002.

[35 FR 15388, Oct. 2, 1970, as amended at 55 FR 50698, Dec. 10, 1990; 58 
FR 42026, Aug. 6, 1993; 62 FR 51063, Sept. 30, 1997; 78 FR 66298, Nov. 
5, 2013]



Sec. 74.1250  Transmitters and associated equipment.

    (a) FM translator and booster transmitting apparatus, and exciters 
employed to provide a locally generated and modulated input signal to 
translator and booster equipment, used by stations authorized under the 
provisions of this subpart must be certified upon the request of any 
manufacturer of transmitters in accordance with this section and subpart 
J of part 2 of this chapter. In addition, FM translator and booster 
stations may use FM broadcast transmitting apparatus authorized via 
Supplier's Declaration of Conformity or approved under the provisions of 
part 73 of this chapter.
    Note 1 to paragraph (a): The Declaration of Conformity procedure has 
been replaced by Supplier's Declaration of Conformity. Equipment 
previously authorized under subpart J of part 2 of this chapter may 
remain in use. See Sec. 2.950 of this chapter.
    (b) Transmitting antennas, antennas used to receive signals to be 
rebroadcast, and transmission lines are not subject to the requirement 
for certification.
    (c) The following requirements must be met before translator, 
booster or exciter equipment will be certified in accordance with this 
section:
    (1) Radio frequency harmonics and spurious emissions must conform 
with the specifications of Sec. 74.1236 of this part.
    (2) The local oscillator or oscillators, including those in an 
exciter employed

[[Page 534]]

to provide a locally generated and modulated input signal to a 
translator or booster, when subjected to variations in ambient 
temperature between minus 30 degrees and plus 50 degrees centigrade, and 
in primary supply voltage between 85 percent and 115 percent of the 
rated value, shall be sufficiently stable to maintain the output center 
frequency within plus or minus 0.005 percent of the operating frequency 
and to enable conformance with the specifications of Sec. 74.1261 of 
this part.
    (3) The apparatus shall contain automatic circuits to maintain the 
power output in conformance with Sec. 74.1235(e) of this part. If 
provision is included for adjusting the power output, then the normal 
operating constants shall be specified for operation at both the rated 
power output and the minimum power output at which the apparatus is 
designed to operate. The apparatus shall be equipped with suitable 
meters or meter jacks so that the operating constants can be measured 
while the apparatus is in operation.
    (4) Apparatus rated for transmitter power output of more than 1 watt 
shall be equipped with automatic circuits to place it in a nonradiating 
condition when no input signal is being received in conformance with 
Sec. 74.1263(b) of this part and to transmit the call sign in 
conformance with Sec. 74.1283(c)(2) of this part.
    (5) For exciters, automatic means shall be provided for limiting the 
level of the audio frequency voltage applied to the modulator to ensure 
that a frequency swing in excess of 75 kHz will not occur under any 
condition of the modulation.

[55 FR 50698, Dec. 10, 1990, as amended at 63 FR 36606, July 7, 1998; 82 
FR 50836, Nov. 2, 2017]



Sec. 74.1251  Technical and equipment modifications.

    (a) No change, either mechanical or electrical, except as provided 
in part 2 of this chapter, may be made in FM translator or booster 
apparatus which has been certificated by the Commission without prior 
authority of the Commission.
    (b) Formal application on FCC Form 349 is required of all permittees 
and licensees for any of the following changes:
    (1) Replacement of the transmitter as a whole, except replacement 
with a transmitter of identical power rating which has been certificated 
by the FCC for use by FM translator or FM booster stations, or any 
change which could result in the electrical characteristics or 
performance of the station. Upon the installation or modification of the 
transmitting equipment for which prior FCC authority is not required 
under the provisions of this paragraph, the licensee shall place in the 
station records a certification that the new installation complies in 
all respects with the technical requirements of this part and the terms 
of the station authorization.
    (2) A change in the transmitting antenna system, including the 
direction of radiation or directive antenna pattern.
    (3) Any change in the overall height of the antenna structure except 
where notice to the Federal Aviation Administration is specifically not 
required under Sec. 17.14(b) of this chapter.
    (4) Any change in the location of the translator or booster except a 
move within the same building or upon the same pole or tower.
    (5) Any horizontal change in the location of the antenna structure 
which would (i) be in excess of 152.4 meters (500 feet), or (ii) would 
require notice to the Federal Aviation Administration pursuant to Sec. 
17.7 of the FCC's rules.
    (6) Any change in the output frequency of a translator.
    (7) Any increase of authorized effective radiated power. FM 
translator and booster stations may decrease ERP on a modification of 
license application provided that exhibits are included to demonstrate 
that the following requirements are met:
    (i) The license application may not propose to eliminate the 
authorized horizontally polarized ERP, if a horizontally polarized ERP 
is currently authorized;
    (ii) The installed height of the antenna radiation center is not 
increased by more than two meters nor decreased by more than four meters 
from the authorized height for the antenna radiation center; and

[[Page 535]]

    (iii) The station is not presently authorized with separate 
horizontal and vertical antennas mounted at different heights. Use of 
separate horizontal and vertical antennas requires a construction permit 
before implementation or changes.
    (8) Any change in area being served.
    (c) Changes in the primary FM station being retransmitted must be 
submitted to the FCC in writing.
    (d) Any application proposing a change in the height of the antenna 
structure or its location must also include the Antenna Structure 
Registration Number (FCC Form 854R) of the antenna structure upon which 
it proposes to locate its antenna. In the event the antenna structure 
does not have a Registration Number, either the antenna structure owner 
shall file FCC Form 854 (``Application for Antenna Structure 
Registration'') in accordance with part 17 of this chapter or the 
applicant shall provide a detailed explanation why registration and 
clearance are not required.

[35 FR 15388, Oct. 2, 1970, as amended at 45 FR 26068, Apr. 17, 1980; 47 
FR 24580, June 7, 1982; 50 FR 3525, Jan. 25, 1985; 50 FR 23710, June 5, 
1985; 55 FR 50698, Dec. 10, 1990; 61 FR 4368, Feb. 6, 1996; 63 FR 33879, 
June 22, 1998; 63 FR 36606, July 7, 1998; 65 FR 79780, Dec. 20, 2000]



Sec. 74.1261  Frequency tolerance.

    (a) The licensee of an FM translator or booster station with an 
authorized transmitter power output of 10 watts or less shall maintain 
the center frequency at the output of the translator within 0.01 percent 
of its assigned frequency.
    (b) The licensee of an FM translator or booster station with an 
authorized transmitter power output greater than 10 watts shall maintain 
the center frequency at the output of the translator or booster station 
in compliance with the requirement of Sec. 73.1545(b)(1) of this 
chapter.

[55 FR 50699, Dec. 10, 1990]



Sec. 74.1262  Frequency monitors and measurements.

    (a) The licensee of a station authorized under this subpart is not 
required to provide means for measuring the operating frequency of the 
transmitter. However, only equipment having the required stability will 
be approved for use by an FM translator or booster.
    (b) In the event that a station authorized under this subpart is 
found to be operating beyond the frequency tolerance prescribed in Sec. 
74.1261, the licensee shall promptly suspend operation of the station 
and shall not resume operation until the station has been restored to 
its assigned frequency. Adjustment of the frequency determining circuits 
of an FM translator or booster shall be made by a qualified person in 
accordance with Sec. 74.1250(g).



Sec. 74.1263  Time of operation.

    (a) The licensee of an FM translator or booster station is not 
required to adhere to any regular schedule of operation. However, the 
licensee of an FM translator or booster station is expected to provide a 
dependable service to the extent that such is within its control and to 
avoid unwarranted interruptions to the service provided.
    (b) An FM booster or FM Translator station rebroadcasting the signal 
of an AM, FM or LPFM primary station shall not be permitted to radiate 
during extended periods when signals of the primary station are not 
being retransmitted. Notwithstanding the foregoing, FM translators 
rebroadcasting Class D AM stations may continue to operate during 
nighttime hours only if the AM station has operated within the last 24 
hours.
    (c) The licensee of an FM translator or booster station must notify 
the Commission of its intent to discontinue operations for 30 or more 
consecutive days. Notification must be made within 10 days of the time 
the station first discontinues operation and Commission approval must be 
obtained for such discontinued operation to continue beyond 30 days. The 
notification shall specify the causes of the discontinued operation and 
a projected date for the station's return to operation, substantiated by 
supporting documentation. If the projected date for the station's return 
to operation cannot be met, another notification and further request for 
discontinued operations must be submitted in conformance with the 
requirements of this section. Within 48 hours of the station's return to 
operation, the licensee must

[[Page 536]]

notify the Commission of such fact. All notification must be in writing.
    (d) The licensee of an FM translator or booster station must notify 
the Commission of its intent to permanently discontinue operations at 
least two days before operation is discontinued. Immediately after 
discontinuance of operation, the licensee shall forward the station 
license and other instruments of authorization to the FCC, Washington, 
DC for cancellation.
    (e) Failure of an FM translator or booster station to operate for a 
period of 30 or more consecutive days, except for causes beyond the 
control of the licensee or authorized pursuant to paragraph (c) of this 
section, shall be deemed evidence of discontinuation of operation and 
the license of the station may be cancelled at the discretion of the 
Commission. Furthermore, the station's license will expire as a matter 
of law, without regard to any causes beyond control of the licensee or 
to any authorization pursuant to paragraph (c) of this section, if the 
station fails to transmit broadcast signals for any consecutive 12-month 
period, notwithstanding any provision, term, or condition of the license 
to the contrary.

[55 FR 50699, Dec. 10, 1990, as amended at 61 FR 28768, June 6, 1996; 74 
FR 45130, Sept. 1, 2009; 85 FR 35574, June 11, 2020; 86 FR 37061, July 
14, 2021]



Sec. 74.1269  Familiarity with FCC rules.

    Each licensee or permittee of a station authorized under this 
subpart shall be familiar with those rules relating to stations 
authorized under this subpart. Copies of the Commission's Rules may be 
obtained from the Superintendent of Documents, Government Publishing 
Office, Washington, DC 20401, or accessed online at https://www.ecfr.gov 
or https://www.gpo.gov/fdsys/browse/
collectionCfr.action?collectionCode=CFR.

[83 FR 13683, Mar. 30, 2018]



Sec. 74.1281  Station records.

    (a) The licensee of a station authorized under this Subpart shall 
maintain adequate station records, including the current instrument of 
authorization, official correspondence with the FCC, maintenance 
records, contracts, permission for rebroadcasts, and other pertinent 
documents.
    (b) Entries required by Sec. 17.49 of this chapter concerning any 
observed or otherwise known extinguishment or improper functioning of a 
tower light:
    (1) The nature of such extinguishment or improper functioning.
    (2) The date and time the extinguishment of improper operation was 
observed or otherwise noted.
    (3) The date, time and nature of adjustments, repairs or 
replacements made.
    (c) The station records shall be maintained for inspection at a 
residence, office, or public building, place of business, or other 
suitable place, in one of the communities of license of the translator 
or booster, except that the station records of a booster or translator 
licensed to the licensee of the primary station may be kept at the same 
place where the primary station records are kept. The station records 
shall be made available upon request to any authorized representative of 
the Commission.
    (d) Station logs and records shall be retained for a period of two 
years.

[48 FR 44807, Sept. 30, 1983, as amended at 84 FR 2759, Feb. 8, 2019]



Sec. 74.1283  Station identification.

    (a) The call sign of an FM broadcast translator station will consist 
of the initial letter K or W followed by the channel number assigned to 
the translator and two letters. The use of the initial letter will 
generally conform to the pattern used in the broadcast service. The two 
letter combinations following the channel number will be assigned in 
order and requests for the assignment of particular combinations of 
letters will not be considered.
    (b) The call sign of an FM booster station or LPFM booster will 
consist of the call sign of the primary station followed by the letters 
``FM'' or ``LP'' and the number of the booster station being authorized, 
e.g., WFCCFM-1 or WFCCLP-1.
    (c) A translator station authorized under this subpart shall be 
identified by one of the following methods.
    (1) By arranging for the primary station whose station is being 
rebroadcast to identify the translator station by

[[Page 537]]

call sign and location. Three such identifications shall be made during 
each day: once between 7 a.m. and 9 a.m., once between 12:55 p.m. and 
1:05 p.m. and once between 4 p.m. and 6 p.m. Stations which do not begin 
their broadcast before 9 a.m. shall make their first identification at 
the beginning of their broadcast days. The licensee of an FM translator 
whose station identification is made by the primary station must arrange 
for the primary station licensee to keep in its file, and to make 
available to FCC personnel, the translator's call letters and location, 
giving the name, address and telephone number of the licensee or his 
service representative to be contacted in the event of malfunction of 
the translator. It shall be the responsibility of the translator 
licensee to furnish current information to the primary station licensee 
for this purpose.
    (2) By transmitting the call sign in International Morse Code at 
least once each hour. Transmitters of FM broadcast translator stations 
of more than 1 watt transmitter output power must be equipped with an 
automatic keying device that will transmit the call sign at least once 
each hour, unless there is in effect a firm agreement with the 
translator's primary station as provided in Sec. 74.1283(c)(1) of this 
section. Transmission of the call sign can be accomplished by:
    (i) Frequency shifting key; the carrier shift shall not be less than 
5 kHz nor greater than 25 kHz.
    (ii) Amplitude modulation of the FM carrier of at least 30 percent 
modulation. The audio frequency tone use shall not be within 200 hertz 
of the Emergency Broadcast System Attention signal alerting frequencies.
    (d) FM broadcast booster stations shall be identified by their 
primary stations, by the broadcasting of the primary station's call 
signs and location, in accordance with the provisions of Sec. 73.1201 
of this chapter.
    (e) The Commission may, in its discretion, specify other methods of 
identification.

[55 FR 50699, Dec. 10, 1990, as amended at 85 FR 35574, June 11, 2020]



Sec. 74.1284  Rebroadcasts.

    (a) The term rebroadcast means the reception by radio of the 
programs or other signals of a radio station and the simultaneous 
retransmission of such programs or signals for direct reception by the 
general public.
    (b) The licensee of an FM translator shall not rebroadcast the 
programs of any AM or FM broadcast station or other FM translator 
without obtaining prior consent of the primary station whose programs 
are proposed to be retransmitted. The Commission shall be notified of 
the call letters of each station rebroadcast and the licensee of the FM 
translator shall certify that written consent has been received from the 
licensee of the station whose programs are retransmitted.
    (c) An FM translator is not authorized to rebroadcast the 
transmissions of any class of station other than an AM or FM broadcast 
station or another FM translator.

[35 FR 15388, Oct. 2, 1970, as amended at 74 FR 45130, Sept. 1, 2009]



Sec. 74.1290  [Reserved]



                    Sec. Alphabetical Index--Part 74

                      A
Additional orders by FCC (All Services).....  74.28
Antenna, Directional (Aural STL/Relays).....  74.536
Antenna location--
    LPTV/TV Translator......................  74.737
    FM Translators/Boosters.................  74.1237
Antenna structure, marking and lighting (All  74.30
 Services).
Antenna structure, Use of common (All         74.22
 Services).
Antenna systems (TV Auxiliaries)............  74.641
Antennas (ITFS).............................  74.937
Application Processing--ITFS................  74.911
Application requirements of Part 73           74.910
 applicable to ITFS.
Applications, Notification of filing (All     74.12
 Services).
Assignment, Frequency--
    Experimental Broadcast Station..........  74.103
    Remote Pickup...........................  74.402
    Aural broadcast auxiliary stations......  74.502
    TV Auxiliaries..........................  74.602
    LPTV/TV Translators.....................  74.702
    ITFS....................................  74.902
    FM Translators/Boosters.................  74.1202
Authorization of equipment--
    Aural Auxiliary.........................  74.550
    Remote Pickup...........................  74.451
    TV Auxiliaries..........................  74.655
    Lw Power Auxiliaries....................  74.851
    ITFS....................................  74.952
    FM Translators/Boosters.................  74.1250
Authorization, Temporary--
    Aural broadcast auxiliary stations......  74.537
    Remote Pickup...........................  74.433
    TV Auxiliaries..........................  74.633
    Low Power Auxiliaries...................  74.833

[[Page 538]]

 
Authorized emission--
    Experimental Broadcast Station..........  74.133
    Remote Pickup...........................  74.462
    Aural broadcast auxiliary stations......  74.535
    TV Auxiliaries..........................  74.637
    LPTV/TV Translators.....................  74.736
    ITFS....................................  74.936
    FM Translators/Boosters.................  74.1236
Authorized frequencies (remote broadcast      74.402
 pickup).
Automatic relay stations (Remote pickup)....  74.436
Avoidance of interference (TV Auxiliaries)..  74.604
 
             BP='02'
Bandwidth and emissions authorized--
    Remote Pickup...........................  74.462
    Aural broadcast auxiliary stations......  74.535
    LPTV/TV Translators.....................  74.736
    IFTS....................................  74.936
    FM Translators/Boosters.................  74.1236
Boosters, Signal UHF translator.............  74.733
Broadcast regulations applicable to LPTV, TV  74.780
 translators, and TV boosters.
Broadcasting emergency information (All       74.21
 services).
 
                      C
 
Changes of Equipment--
    Experimental Broadcast Stations.........  74.151
    Remote Pickup...........................  74.452
    Aural broadcast auxiliary stations......  74.551
    TV Auxiliaries..........................  74.651
    ITFS....................................  74.951
Channel assignments (LPTV/TV Translator)....  74.702
Channels, Sound (TV Auxiliaries)............  74.603
Charges, Program Service, (Experimental       74.182
 Broadcast Stations).
Classes of stations--
    Aural broadcast auxiliary stations......  74.501
    TV Auxiliaries..........................  74.601
Construction permit, Statement of             74.112
 understanding, (Experimental Broadcast
 Stations).
Copies of the rules--
    LPTV/TV Translators.....................  74.769
    ITFS....................................  74.969
    FM Translators/Boosters.................  74.1269
Cross Reference (All Services)..............  74.5
 
                      D
 
Definitions--
    General.................................  74.2
    Remote Pickup...........................  74.401
    LPTV/TV translators.....................  74.701
    Low Power Auxiliaries...................  74.801
    ITFS....................................  74.901
    FM Translators/Boosters.................  74.1201
Directional antenna required (Aural STL/      74.536
 Relays).
 
                      E
 
Emergency information Broadcasting (All       74.21
 Services).
Emission authorized--
    Experimental Broadcast Stations.........  74.133
    Remote Pickup...........................  74.462
    Aural broadcast auxiliary stations......  74.535
    TV Auxiliaries..........................  74.637
    LPTV/TV Translators.....................  74.736
    ITFS....................................  74.936
    FM Translators/Boosters.................  74.1236
Equipment and installation--
    FM Translators/Boosters.................  74.1250
Equipment authorization--
    Aural broadcast auxiliary stations......  74.550
    Remote Pickup...........................  74.451
    TV Auxiliaries..........................  74.655
    Low Power Auxiliaries...................  74.851
    ITFS....................................  74.952
    FM Translators/Boosters.................  74.1250
Equipment Changes--
    Experimental Broadcast Station..........  74.151
    Remote Pickup...........................  74.452
    Aural broadcast auxiliary stations......  74.551
    TV Auxiliaries..........................  74.651
    LPTV/TV Translators.....................  74.751
    Low Power Auxiliaries...................  74.852
    ITFS....................................  74.951
    FM Translators/Boosters.................  74.1251
Equipment, Notification of--
    Aural broadcast auxiliary stations......  74.550
    TV Auxiliaries..........................  74.655
Equipment Performance--
    FM Tanslators/Boosters..................  74.1250
Equipment tests (All Services)..............  74.13
Experimental Broadcast station..............  74.101
Experimental Broadcast Station, Uses of.....  74.102
Extension of station licenses, Temporary      74.16
 (All Services).
 
                      F
 
Filing of applications, Notification of (All  74.12
 Services).
Frequencies, Authorized (Remote broadcast     74.402
 pickup).
Frequency assignment--
    Experimental Broadcast Stations.........  74.103
    Remote Pickup...........................  74.402
    Aural broadcast auxiliary stations......  74.502
    TV Auxiliary............................  74.602
    LPTV/TV Translators.....................  74.702
    Low Power Auxiliaries...................  74.802
    ITFS....................................  74.902
    FM Translators/Boosters.................  74.1202
Frequency monitors and measurements--
    Experimental Broadcast Stations.........  74.162
    Remote Pickup...........................  74.465
    Aural broadcast auxiliary stations......  74.562
    TV Auxiliaries..........................  74.662
    LPTV/TV Translators.....................  74.762
    ITFS....................................  74.962
    FM Translators/Boosters.................  74.1262
Frequency tolerance--
    Experimental Broadcast Stations.........  74.161
    Remote Pickup...........................  74.464
    Aural broadcast auxiliary stations......  74.561
    TV Auxiliaries..........................  74.661
    LPTV/TV Translators.....................  74.761
    ITFS....................................  74.961
    FM Translator/Boosters..................  74.1261
 
                      I
 
Identification of station--
    Experimental Broadcast Stations.........  74.183
    Remote Pickup...........................  74.482
    Aural broadcast auxiliary stations......  74.582
    TV Auxiliaries..........................  74.682
    LPTV/TV Translators.....................  74.783
    Low Power Auxiliaries...................  74.882
    ITFS....................................  74.982
    FM Translators/Boosters.................  74.1283
Information on the Internet, FM translator    74.1290
 and booster stations.
Inspection of station by FCC (All Services).  74.3
Interference--
    LPTV/TV Translators.....................  74.703
    ITFS....................................  74.903
    FM Translators/Boosters.................  74.1203
Interference avoidance (TV Auxiliaries).....  74.604
Interference--safety of life and property     74.23
 (All Services).
ITFS--
    Application processing..................  74.911
    Application requirements from part 73...  74.910
    Interference............................  74.903
    Petition to deny........................  74.912

[[Page 539]]

 
    Purpose and permissible service.........  74.931
    Response station hubs...................  74.939
    Response stations (individually           74.940
     licensed).
    Response stations (ITFS; individually     74.949
     licensed).
    Signal booster stations.................  74.985
    Transmission standards..................  74.938
    Wireless cable use......................  74.990
 
                      L
 
Land mobile station protection (from LPTV)..  74.709
License period, Station (All Services)......  74.15
Licenses, Posting of--
    Experimental Broadcast Stations.........  74.165
    Remote pickup broadcast stations........  74.432
    Aural broadcast auxiliary stations......  74.564
    TV Auxiliaries..........................  74.664
    LPTV/TV Translators.....................  74.765
    Low power auxiliary stations............  74.832
    ITFS....................................  74.965
    FM Translators/Boosters.................  74.1265
Licenses, station, Temporary extension (All   74.16
 Services).
Licensing requirements--
    Experimental Broadcast Stations.........  74.131
    Remote Pickup...........................  74.432
    Aural broadcast auxiliary stations......  74.532
    TV Auxiliaries..........................  74.632
    LPTV/TV Translators.....................  74.732
    Low Power Auxiliaries...................  74.832
    ITFS....................................  74.932
    FM Translators/Boosters.................  74.1232
Lighting and Marking of antenna structures    74.30
 (All Services).
Limitations on power--
    Experimental Broadcast Stations.........  74.132
    Remote Pickup...........................  74.461
    Aural broadcast auxiliary stations......  74.534
    TV Auxiliaries..........................  74.636
    LPTV/TV Translators.....................  74.735
    ITFS....................................  74.935
    FM Translators/Boosters.................  74.1235
LPTV, Broadcast rules applicable to.........  74.780
 
                      M
 
Marking and lighting of antenna structures    74.30
 (All Services).
Modification of transmission systems--
    LPTV/TV Translators.....................  74.751
    ITFS....................................  74.951
    FM Translators and Boosters.............  74.1251
Modulation limits--
    TV Auxiliaries..........................  74.663
    ITFS....................................  74.970
Modulation monitors and measurements (ITFS).  74.971
Modulation requirements (Remote Pickup).....  74.463
Monitors and measurements, Frequency--
    Experimental Broadcast Stations.........  74.162
    Remote Pickup...........................  74.465
    Aural broadcast auxiliary stations......  74.562
    TV Auxiliaries..........................  74.662
    LPTV/TV Translators.....................  74.762
    ITFS....................................  74.962
    FM Translators/Boosters.................  74.1262
Multiple ownership--
    Experimental Broadcast Stations.........  74.134
    LPTV/TV Translator......................  74.732
 
                      N
 
Notification of filing of applications (All   74.12
 Services).
 
                      O
 
Operation, Remote control--
    Aural broadcast auxiliary stations......  74.533
    TV Auxiliaries..........................  74.634
Operation, Short term (All Services)........  74.24
Operation, Time of--
    Experimental Broadcast Stations.........  74.163
    LPTV/TV Translator......................  74.763
    ITFS....................................  74.963
    FM Translator/Boosters..................  74.1263
Operation, Unattended (and/or attended)--
    Aural broadcast auxiliary stations......  74.533
    TV Auxiliaries..........................  74.635
    LPTV/TV Translators.....................  74.734
    ITFS....................................  74.934
    FM Translators/Boosters.................  74.1234
Operator requirements, General (All           74.18
 Services).
Orders, Additional (All Services)...........  73.28
Ownership, Multiple--
    Experimental Broadcast Stations.........  74.134
    LPTV/TV Translators.....................  74.732
 
                      P
 
Permissible service--
    Aural broadcast auxiliary stations......  74.531
    TV Auxiliaries..........................  74.631
    LPTV/TV Translators.....................  74.731
    Low Power Auxiliaries...................  74.831
    ITFS....................................  74.931
    FM Translators/Boosters.................  74.1231
Petitions to deny: ITFS.....................  74.912
Posting of licenses--
    Experimental Broadcast Stations.........  74.165
    Remote pickup broadcast stations........  74.432
    Aural broadcast auxiliary stations......  74.564
    TV Auxiliaries..........................  74.664
    LPTV/TV Translators.....................  74.765
    Low power auxiliary stations............  74.832
    ITFS....................................  74.965
    FM Translators/Boosters.................  74.1265
Power limitations--
    Experimental Broadcast Stations.........  74.132
    Aural broadcast auxiliary stations......  74.534
    TV Auxiliaries..........................  74.636
    LPTV/TV Translators.....................  74.735
    ITFS....................................  74.935
    FM Translators/Boosters.................  74.1235
Program or service tests (All Services).....  74.14
Program service, Charges (Experimental        74.182
 Broadcast Stations).
Protection by LPTV--
    To broadcast stations...................  74.705
    To other LPTV and TV Translator stations  74.707
    To Land Mobile stations.................  74.709
Purpose of service--
    LPTV/TV Translators.....................  74.731
    ITFS....................................  74.931
    FM Translators/Boosters.................  74.1231
 
                      R
 
Rebroadcasts--
    Experimental Broadcast Stations.........  74.184
    LPTV/TV Translators.....................  74.784
    ITFS....................................  74.984
    FM Translators/Boosters.................  74.1284
Records, Station (Experimental Broadcast      74.181
 Stations).
Regulations, Broadcast, applicable to LPTV    74.780
 and TV translators.
Relay stations, Automatic, (Remote Pickup)..  74.436
Remote pickup broadcast frequencies.........  74.402
Remote control operation--
    Aural broadcast auxiliary stations......  74.533
    TV Auxiliaries..........................  74.634
Remote pickup stations, Rules special to....  74.431
Renewal, Supplementary report (Experimental   74.113
 Broadcast Stations).
Response station hubs (ITFS)................  74.939
Response stations (ITFS; individually         74.940
 licensed).
Rules, Copies of--
    LPTV/TV Translators.....................  74.769

[[Page 540]]

 
    ITFS....................................  74.969
    FM Translators/Boosters.................  74.1269
Rules special to Remote Pickup stations.....  74.431
 
                      S
 
Safety of life and property-interference      74.23
 jeopardy (All services).
Scope (of Subpart--General).................  74.1
Service or program tests (All Services).....  74.14
Service, Permissible--
    Aural broadcast auxiliary stations......  74.531
    TV Auxiliaries..........................  74.631
    LPTV/TV Translators.....................  74.731
    Low Power Auxiliaries...................  74.831
    ITFS....................................  74.931
    FM Translators/Boosters.................  74.1231
Service, Scope of (Low Power Auxiliaries)...  74.831
Short term operation (All services).........  74.24
Signal boosters--
    UHF translator (LPTV/TV Translators)....  74.733
    ITFS....................................  74.985
Sound channels (TV Auxiliaries).............  74.603
Statement of understanding (Construction      74.112
 permit-Experimental Broadcast Stations).
Station identification--
    Experimental Broadcast Stations.........  74.183
    Remote Pickup...........................  74.482
    Aural broadcast auxiliary stations......  74.582
    TV Auxiliaries..........................  74.682
    LPTV/TV Translators.....................  74.783
    Low Power Auxiliaries...................  74.882
    ITFS....................................  74.982
    FM Translators/Boosters.................  74.1283
Station inspection by FCC (All Services)....  74.3
Station license period (All Services).......  74.15
Station records (Experimental Broadcast       74.181
 Stations).
 
                      T
 
Technical requirements (Low Power             74.861
 Auxiliaries).
Temporary authorizations--
    Remote Pickup...........................  74.433
    Aural broadcast auxiliary stations......  74.537
    TV Auxiliaries..........................  74.633
    Low Power Auxiliaries...................  74.833
Temporary extension of stations licenses      74.16
 (All Services).
Tests, Equipment (All Services).............  74.13
Tests, Service or program (All Services)....  74.14
Time of operation--
    Experimental Broadcast Stations.........  74.163
    LPTV/TV Translators.....................  74.763
    ITFS....................................  74.963
    FM Translators/Boosters.................  74.1263
Tolerance, Frequency--
    Experimental Broadcast Stations.........  74.161
    Remote Pickup...........................  74.464
    Aural broadcast auxiliary stations......  74.561
    TV Auxiliaries..........................  74.661
    LPTV/TV Translators.....................  74.761
    ITFS....................................  74.961
    FM Translator/Boosters..................  74.1261
Translator signal boosters, UHF (LPTV/TV      74.733
 Translators).
Translators, TV, Purpose of (LPTV/TV          74.731
 Translators).
Transmission standards (ITFS)...............  74.938
Transmission system facilities (LPTV/TV       74.750
 Translators).
Transmission systems, modification of--
    LPTV/TV Translator......................  74.751
    ITFS....................................  74.951
    FM Translators/Boosters.................  74.1251
Transmissions, Permissible (Low Power         74.831
 Auxiliaries).
Transmitter power (Remote Pickup)...........  74.461
Transmitters and associated equipment (FM     74.1250
 Translators/Boosters).
TV boosters, Broadcast rules applicable to    74.780
 (LPTV/TV Translators/TV Boosters.
TV Broadcast station protection (from LPTV/   74.705
 TV Translators).
TV, Low Power and translators, protection to  74.707
 (LPTV/TV Translators).
TV translators, Broadcast rules applicable    74.780
 to (LPTV/TV Translators).
 
                      U
 
UHF translator signal boosters (LPTV/TV       74.733
 Translators).
Unattended operation--
    Aural broadcast auxiliary stations......  74.531
    TV Auxiliaries..........................  74.635
    LPTV/TV Translators.....................  74.734
    ITFS....................................  74.934
    FM Translators/Boosters.................  74.1234
Use of common antenna structure (All          74.22
 services).
                V [Reserved]
 
                      W
 
Wireless cable usage of ITFS................  74.990
               X-Z [Reserved]
 


[50 FR 38535, Sept. 23, 1985, as amended at 51 FR 34622, Sept. 30, 1986; 
52 FR 37316, Oct. 6, 1987; 52 FR 47569, Dec. 15, 1987; 63 FR 33879, June 
22, 1998; 63 FR 65127, Nov. 25, 1998; 64 FR 63744, Nov. 22, 1999]



PART 76_MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
--Table of Contents



                            Subpart A_General

Sec.
76.1 Purpose.
76.3 Other pertinent rules.
76.5 Definitions.
76.6 General pleading requirements.
76.7 General special relief, waiver, enforcement, complaint, show cause, 
          forfeiture, and declaratory ruling procedures.
76.8 Status conference.
76.9 Confidentiality of proprietary information.
76.10 Review.
76.11 Lockbox enforcement.

                    Subpart B_Registration Statements

76.29 Special temporary authority.

                       Subpart C_Cable Franchising

76.41 Franchise application process.
76.42 In-kind contributions.
76.43 Mixed-use rule.

           Subpart D_Carriage of Television Broadcast Signals

76.51 Major television markets.
76.53 Reference points.
76.54 Significantly viewed signals; method to be followed for special 
          showings.
76.55 Definitions applicable to the must-carry rules.
76.56 Signal carriage obligations.

[[Page 541]]

76.57 Channel positioning.
76.59 Modification of television markets.
76.60 Compensation for carriage.
76.61 Disputes concerning carriage.
76.62 Manner of carriage.
76.64 Retransmission consent.
76.65 Good faith and exclusive retransmission consent complaints.
76.66 Satellite broadcast signal carriage.
76.70 Exemption from input selector switch rules.

           Subpart E_Equal Employment Opportunity Requirements

76.71 Scope of application.
76.73 General EEO policy.
76.75 Specific EEO program requirements.
76.77 Reporting requirements and enforcement.
76.79 Records available for public inspection.

Subpart F_Network Non-duplication Protection, Syndicated Exclusivity and 
                             Sports Blackout

76.92 Cable network non-duplication; extent of protection.
76.93 Parties entitled to network non-duplication protection.
76.94 Notification.
76.95 Exceptions.
76.101 Cable syndicated program exclusivity: extent of protection.
76.103 Parties entitled to syndicated exclusivity.
76.105 Notification.
76.106 Exceptions.
76.107 Exclusivity contracts.
76.108 Indemnification contracts.
76.109 Requirements for invocation of protection.
76.110 Substitutions.
76.120 Network non-duplication protection and syndicated exclusivity 
          rules for satellite carriers: Definitions.
76.122 Satellite network non-duplication.
76.123 Satellite syndicated program exclusivity.
76.124 Requirements for invocation of protection.
76.125 Indemnification contracts.
76.130 Substitutions.

                         Subpart G_Cablecasting

76.205 Origination cablecasts by legally qualified candidates for public 
          office; equal opportunities.
76.206 Candidate rates.
76.213 Lotteries.
76.225 Commercial limits in children's programs.
76.227 [Reserved]

                Subpart H_General Operating Requirements

76.309 Customer service obligations.

Subpart I [Reserved]

                  Subpart J_Ownership of Cable Systems

76.501 Cross-ownership.
76.502 Time limits applicable to franchise authority consideration of 
          transfer applications.
76.503 National subscriber limits.
76.504 Limits on carriage of vertically integrated programming.
76.505 Prohibition on buy outs.

                      Subpart K_Technical Standards

76.601 Performance tests.
76.602 Incorporation by reference.
76.605 Technical standards.
76.606 Closed captioning.
76.607 Transmission of commercial advertisements.
76.609 Measurements.
76.610 Operation in the frequency bands 108-137 MHz and 225-400 MHz--
          scope of application.
76.611 Cable television basic signal leakage performance criteria.
76.612 Cable television frequency separation standards.
76.613 Interference from a multichannel video programming distributor 
          (MVPD).
76.614 Cable television system regular monitoring.
76.616 Operation near certain aeronautical and marine emergency radio 
          frequencies.
76.617 Responsibility for interference.
76.618-76.620 [Reserved]
76.630 Compatibility with consumer electronics equipment.
76.640 Support for unidirectional digital cable products on digital 
          cable systems.

                    Subpart L_Cable Television Access

76.701 Leased access channels.
76.702 Public access.

                      Subpart M_Cable Inside Wiring

76.800 Definitions.
76.801 Scope.
76.802 Disposition of cable home wiring.
76.804 Disposition of home run wiring.
76.805 Access to molding.
76.806 Pre-termination access to cable home wiring.

                     Subpart N_Cable Rate Regulation

76.901 Definitions.
76.905 Standards for identification of cable systems subject to 
          effective competition.
76.906 Presumption of effective competition.

[[Page 542]]

76.907 Petition for a determination of effective competition.
76.910 Franchising authority certification.
76.911 Petition for reconsideration of certification.
76.912 Joint certification.
76.913 Assumption of jurisdiction by the Commission.
76.914 Revocation of certification.
76.916 Petition for recertification.
76.917 Notification of certification withdrawal.
76.920 Composition of the basic tier.
76.921 Buy-through of other tiers prohibited.
76.922 Rates for the basic service tier and cable programming service 
          tiers.
76.923 Rates for equipment and installation used to receive the basic 
          service tier.
76.924 Allocation to service cost categories.
76.925 Costs of franchise requirements.
76.930 Initiation of review of basic cable service and equipment rates.
76.933 Franchising authority review of basic cable rates and equipment 
          costs.
76.934 Small systems and small cable companies.
76.935 Participation of interested parties.
76.936 Written decision.
76.937 Burden of proof.
76.938 Proprietary information.
76.939 Truthful written statements and responses to requests of 
          franchising authority.
76.940 Prospective rate reduction.
76.941 Rate prescription.
76.942 Refunds.
76.943 Fines.
76.944 Commission review of franchising authority decisions on rates for 
          the basic service tier and associated equipment.
76.945 Procedures for Commission review of basic service rates.
76.946 Advertising of rates.
76.952 Information to be provided by cable operator on monthly 
          subscriber bills.
76.962 Implementation and certification of compliance.
76.963 Forfeiture.
76.970 Commercial leased access rates.
76.971 Commercial leased access terms and conditions.
76.975 Commercial leased access dispute resolution.
76.977 Minority and educational programming used in lieu of designated 
          commercial leased access capacity.
76.980 Charges for customer changes.
76.981 Negative option billing.
76.982 Continuation of rate agreements.
76.983 Discrimination.
76.984 Geographically uniform rate structure.
76.985 Subscriber bill itemization.
76.990 Small cable operators.

            Subpart O_Competitive Access to Cable Programming

76.1000 Definitions.
76.1001 Unfair practices generally.
76.1002 Specific unfair practices prohibited.
76.1003 Program access proceedings.
76.1004 Applicability of program access rules to common carriers and 
          affiliates.
76.1005-76.1010 [Reserved]

        Subpart P_Competitive Availability of Navigation Devices

76.1200 Definitions.
76.1201 Rights of subscribers to use or attach navigation devices.
76.1202 Availability of navigation devices.
76.1203 Incidence of harm.
76.1204 Availability of equipment performing conditional access or 
          security functions.
76.1205 Availability of interface information.
76.1206 Equipment sale or lease charge subsidy prohibition.
76.1207 Waivers.
76.1208 Sunset of regulations.
76.1209 Theft of service.
76.1210 Effect on other rules.

               Subpart Q_Regulation of Carriage Agreements

76.1300 Definitions.
76.1301 Prohibited practices.
76.1302 Carriage agreement proceedings.
76.1303-76.1305 [Reserved]

             Subpart R_Telecommunications Act Implementation

76.1400 Purpose.
76.1404 Use of cable facilities by local exchange carriers.

                      Subpart S_Open Video Systems

76.1500 Definitions.
76.1501 Qualifications to be an open video system operator.
76.1502 Certification.
76.1503 Carriage of video programming providers on open video systems.
76.1504 Rates, terms and conditions for carriage on open video systems.
76.1505 Public, educational and governmental access.
76.1506 Carriage of television broadcast signals.
76.1507 Competitive access to satellite cable programming.
76.1508 Network non-duplication.
76.1509 Syndicated program exclusivity.
76.1510 Application of certain Title VI provisions.
76.1511 Fees.

[[Page 543]]

76.1512 Programming information.
76.1513 Open video dispute resolution.
76.1514 Bundling of video and local exchange services.

                            Subpart T_Notices

76.1600 Electronic delivery of notices.
76.1601 Deletion or repositioning of broadcast signals.
76.1602 Customer service--general information.
76.1603 Customer service--rate and service changes.
76.1604 Charges for customer service changes.
76.1607 Principal headend.
76.1608 System technical integration requiring uniform election of must-
          carry or retransmission consent status.
76.1609 Non-duplication and syndicated exclusivity.
76.1610 Change of operational information.
76.1611 Political cable rates and classes of time.
76.1614 Identification of must-carry signals.
76.1615 Sponsorship identification.
76.1616 Contracts with local exchange carriers.
76.1617 Initial must-carry notice.
76.1618 Basic tier availability.
76.1619 Information on subscriber bills.
76.1620 Availability of signals.
76.1621 [Reserved]
76.1622 [Reserved]

           Subpart U_Documents to be Maintained for Inspection

76.1700 Records to be maintained by cable system operators.
76.1701 Political file.
76.1702 Equal employment opportunity.
76.1703 Commercial matter on children's programs.
76.1704 Proof of performance test data.
76.1705 [Reserved]
76.1706 Signal leakage logs and repair records.
76.1707 Leased access.
76.1708 [Reserved]
76.1709 Availability of signals.
76.1711 Emergency alert system (EAS) tests and activation.
76.1712 Open video system (OVS) requests for carriage.
76.1713 Complaint resolution.
76.1714 Familiarity with FCC rules.
76.1715 Sponsorship identification.
76.1716 Subscriber records and public inspection file.
76.1717 Compliance with technical standards.

                      Subpart V_Reports and Filings

76.1800 Additional reports and filings.
76.1801 Registration statement.
76.1802 Annual employment report.
76.1803 Signal leakage monitoring.
76.1804 Aeronautical frequencies: leakage monitoring (CLI).
76.1805 Alternative rate regulation agreements.

                        Subpart W_Encoding Rules

76.1901 Applicability.
76.1902 Definitions.
76.1903 Interfaces.
76.1904 Encoding rules for defined business models.
76.1905 Petitions to modify encoding rules for new services within 
          defined business models.
76.1906 Encoding rules for undefined business models.
76.1907 Temporary bona fide trials.
76.1908 Certain practices not prohibited.
76.1909 Redistribution control of unencrypted digital terrestrial 
          broadcast content.

                        Subpart X_Access to MDUs

76.2000 Exclusive access to multiple dwelling units generally.

Alphabetical Index--Part 76

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 303a, 
307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 521, 522, 
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, 573.

    Source: 37 FR 3278, Feb. 12, 1972, unless otherwise noted.



                            Subpart A_General



Sec. 76.1  Purpose.

    The rules and regulations set forth in this part provide for the 
certification of cable television systems and for their operation in 
conformity with standards for carriage of television broadcast signals, 
program exclusivity, cablecasting, access channels, and related matters. 
The rules and regulations in this part also describe broadcast carriage 
requirements for cable operators and satellite carriers.

[37 FR 3278, Feb. 12, 1972, as amended at 70 FR 21670, Apr. 27, 2005]



Sec. 76.3  Other pertinent rules.

    Other pertinent provisions of the Commission's rules and regulations 
relating to Multichannel Video and the Cable Television Service are 
included in the following parts of this chapter:


[[Page 544]]


Part 1--Practice and Procedure.
Part 11--Emergency Alert System (EAS).
Part 21--Domestic Public Radio Services (Other Than Maritime Mobile).
Part 63--Extension of Lines and Discontinuance of Service by Carriers.
Part 64--Miscellaneous Rules Relating to Common Carriers.
Part 78--Cable Television Relay Service.
Part 79--Closed Captioning of Video Programming.
Part 91--Industrial Radio Services.

[65 FR 53614, Sept. 5, 2000]



Sec. 76.5  Definitions.

    (a) Cable system or cable television system. A facility consisting 
of a set of closed transmission paths and associated signal generation, 
reception, and control equipment that is designed to provide cable 
service which includes video programming and which is provided to 
multiple subscribers within a community, but such term does not include:
    (1) A facility that services only to retransmit the television 
signals of one or more television broadcast stations;
    (2) A facility that serves subscribers without using any public 
right-of-way;
    (3) A facility of a common carrier which is subject, in whole or in 
part, to the provisions of Title II of the Communications Act of 1934, 
as amended, except that such facility shall be considered a cable system 
to the extent such facility is used in the transmission of video 
programming directly to subscribers, unless the extent of such use is 
solely to provide interactive on-demand services;
    (4) An open video system that complies with Section 653 of the 
Communications Act; or
    (5) Any facilities of any electric utility used solely for operating 
its electric utility systems.

    Note to paragraph (a): The provisions of subparts D and F of this 
part shall also apply to all facilities defined previously as cable 
systems on or before April 28, 1985, except those that serve subscribers 
without using any public right-of-way.

    (b) Television station; television broadcast station. Any television 
broadcast station operating on a channel regularly assigned to its 
community by Sec. 73.606 or Sec. 73.622 of this chapter, and any 
television broadcast station licensed by a foreign government: Provided, 
however, That a television broadcast station licensed by a foreign 
government shall not be entitled to assert a claim to carriage, program 
exclusivity, or retransmission consent authorization pursuant to subpart 
D or F of this part, but may otherwise be carried if consistent with the 
rules on any service tier. Further provided that a television broadcast 
station operating on channels regularly assigned to its community by 
both Sec. Sec. 73.606 and 73.622 of this chapter may assert a claim for 
carriage pursuant to subpart D of this part only for a channel assigned 
pursuant to Sec. 73.606.
    (c) Television translator station. A television broadcast translator 
station as defined in Sec. 74.701 of this chapter.
    (d) Grade A and Grade B contours. The field intensity contours 
defined in Sec. 73.683(a) of this chapter.
    (e) Specified zone of a television broadcast station. The area 
extending 56.3 air km (35 air miles) from the reference point in the 
community to which that station is licensed or authorized by the 
Commission. A list of reference points is contained in Sec. 76.53. A 
television broadcast station that is authorized but not operating has a 
specified zone that terminates eighteen (18) months after the initial 
grant of its construction permit.
    (f) Major television market. The specified zone of a commercial 
television station licensed to a community listed in Sec. 76.51, or a 
combination of such specified zones where more than one community is 
listed.
    (g) Designated community in a major television market. A community 
listed in Sec. 76.51.
    (h) Smaller television market. The specified zone of a commercial 
television station licensed to a community that is not listed in Sec. 
76.51.
    (i) Significantly viewed. Viewed in over-the-air households as 
follows: (1) For a full or partial network station--a share of viewing 
hours of at least 3 percent (total week hours), and a net weekly 
circulation of at least 25 percent; and (2) for an independent station--
a share of viewing hours of at least 2 percent (total week hours), and a 
net weekly circulation of at least 5 percent. See Sec. 76.54.


[[Page 545]]


    Note: As used in this paragraph, ``share of viewing hours'' means 
the total hours that over-the-air television households viewed the 
subject station during the week, expressed as a percentage of the total 
hours these households viewed all stations during the period, and ``net 
weekly circulation'' means the number of over-the-air television 
households that viewed the station for 5 minutes or more during the 
entire week, expressed as a percentage of the total over-the-air 
television households in the survey area.

    (j) Full network station. A commercial television broadcast station 
that generally carries in weekly prime time hours 85 percent of the 
hours of programing offered by one of the three major national 
television networks with which it has a primary affiliation (i.e., right 
of first refusal or first call).
    (k) Partial network station. A commercial television broadcast 
station that generally carries in prime time more than 10 hours of 
programming per week offered by the three major national television 
networks, but less than the amount specified in paragraph (j) of this 
section.
    (l) Independent station. A commercial television broadcast station 
that generally carries in prime time not more than 10 hours of 
programing per week offered by the three major national television 
networks.
    (m) A network program is any program delivered simultaneously to 
more than one broadcast station regional or national, commercial or 
noncommercial.
    (n) Prime time. The 5-hour period from 6 to 11 p.m., local time, 
except that in the central time zone the relevant period shall be 
between the hours of 5 and 10 p.m., and in the mountain time zone each 
station shall elect whether the period shall be 6 to 11 p.m. or 5 to 10 
p.m.

    Note: Unless the Commission is notified to the contrary, a station 
in the mountain time zone shall be presumed to have elected the 6 to 11 
p.m. period.

    (o) Cablecasting. Programming (exclusive of broadcast signals) 
carried on a cable television system. See paragraphs (y), (z) and (aa) 
(Classes II, III, and IV cable television channels) of this section.
    (p) Origination cablecasting. Programing (exclusive of broadcast 
signals) carried on a cable television system over one or more channels 
and subject to the exclusive control of the cable operator.
    (q) Legally qualified candidate. (1) Any person who:
    (i) Has publicly announced his or her intention to run for 
nomination or office;
    (ii) Is qualified under the applicable local, State or Federal law 
to hold the office for which he or she is a candidate; and
    (iii) Has met the qualifications set forth in either paragraphs 
(q)(2), (3) or (4) of this section.
    (2) A person seeking election to any public office including that of 
President or Vice President of the United States, or nomination for any 
public office except that of President or Vice President, by means of a 
primary, general or special election, shall be considered a legally 
qualified candidate if, in addition to meeting the criteria set forth in 
paragraph (q)(1) of this section, that person:
    (i) Has qualified for a place on the ballot, or
    (ii) Has publicly committed himself or herself to seeking election 
by the write-in method and is eligible under applicable law to be voted 
for by sticker, by writing in his or her name on the ballot or by other 
method, and makes a substantial showing that he or she is a bona fide 
candidate for nomination or office.

Persons seeking election to the office of President or Vice President of 
the United States shall, for the purposes of the Communications Act and 
the rules thereunder, be considered legally qualified candidates only in 
those States or territories (or the District of Columbia) in which they 
have met the requirements set forth in paragraphs (q) (1) and (2) of 
this rule; except that any such person who has met the requirements set 
forth in paragraphs (q) (1) and (2) in at least 10 States (or nine and 
the District of Columbia) shall be considered a legally qualified 
candidate for election in all States, territories and the District of 
Columbia for purposes of this Act.
    (3) A person seeking nomination to any public office except that of 
President or Vice President of the United

[[Page 546]]

States, by means of a convention, caucus or similar procedure, shall be 
considered a legally qualified candidate if, in addition to meeting the 
requirements set forth in paragraph (q)(1) of this section, that person 
makes a substantial showing that he or she is a bona fide candidate for 
such nomination; except that no person shall be considered a legally 
qualified candidate for nomination by the means set forth in this 
paragraph prior to 90 days before the beginning of the convention, 
caucus or similar procedure in which he or she seeks nomination.
    (4) A person seeking nomination for the office of President or Vice 
President of the United States shall, for the purposes of the 
Communications Act and the rules thereunder, be considered a legally 
qualified candidate only in those States or territories (or the District 
of Columbia) in which, in addition meeting the requirements set forth in 
paragraph (q)(1) of this section.
    (i) He or she, or proposed delegates on his or her behalf, have 
qualified for the primary of Presidential preference ballot in that 
State, territory or the District of Columbia, or
    (ii) He or she has made a substantial showing of bona fide candidacy 
for such nomination in that State, territory of the District of 
Columbia; except that such person meeting the requirements set forth in 
paragraph (q) (1) and (4) in at least 10 States (or nine and the 
District of Columbia) shall be considered a legally qualified candidate 
for nomination in all States, territories and the District of Columbia 
for purposes of the Act.
    (5) The term ``substantial showing'' of a bona fide candidacy as 
used in paragraphs (q)(2) through (4) of this section means evidence 
that the person claiming to be a candidate has:
    (i) Satisfied the requirements under applicable law to run as a 
write-in (such as registering, collecting signatures, paying fees, 
etc.); and
    (ii) Has engaged to a substantial degree in activities commonly 
associated with political campaigning. Such activities normally would 
include making campaign speeches, distributing campaign literature, 
issuing press releases, maintaining a campaign committee, establishing 
campaign headquarters (even though the headquarters in some instances 
might be the residence of the candidate or his or her campaign manager), 
creating a campaign website, and using social media for the purpose of 
promoting or furthering a campaign for public office. Not all of the 
listed activities are necessarily required in each case to demonstrate a 
substantial showing, and there may be activities not listed herein which 
would contribute to such a showing. The creation of a campaign website 
and the use of social media shall be additional indicators of a bona 
fide candidacy, not determinative factors, and such digital activities 
must be combined with other activities commonly associated with 
political campaigning that are conducted in substantial portions of the 
relevant geographic area.
    (r) Class I cable television channel. A signaling path provided by a 
cable television system to relay to subscriber terminals television 
broadcast programs that are received off-the-air or are obtained by 
microwave or by direct connection to a television broadcast station.
    (s) Class II cable television channel. A signaling path provided by 
a cable television system to deliver to subscriber terminals television 
signals that are intended for reception by a television broadcast 
receiver without the use of an auxilliary decoding device and which 
signals are not involved in a broadcast transmission path.
    (t) Class III cable television channel. A signaling path provided by 
a cable television system to deliver to subscriber terminals signals 
that are intended for reception by equipment other than a television 
broadcast receiver or by a television broadcast receiver only when used 
with auxiliary decoding equipment.
    (u) Class IV cable television channel. A signaling path provided by 
a cable television system to transmit signals of any type from a 
subscriber terminal to another point in the cable television system.

[[Page 547]]

    (v) Subscriber terminal. The cable television system terminal to 
which a subscriber's equipment is connected. Separate terminals may be 
provided for delivery of signals of various classes. Terminal devices 
interconnected to subscriber terminals of a cable system must comply 
with the provisions of part 15 of this Chapter for TV interface devices.
    (w) System noise. That combination of undesired and fluctuating 
disturbances within a cable television channel that degrades the 
transmission of the desired signal and that is due to modulation 
processes or thermal or other noise-producing effects, but does not 
include hum and other undesired signals of discrete frequency. System 
noise is specified in terms of its rms voltage or its mean power level 
as measured in the 4 MHz bandwidth between 1.25 and 5.25 MHz above the 
lower channel boundary of a cable television channel.
    (x) Terminal isolation. The attenuation, at any subscriber terminal, 
between that terminal and any other subscriber terminal in the cable 
television system.
    (y) Visual signal level. The rms voltage produced by the visual 
signal during the transmission of synchronizing pulses.
    (z) Affiliate. When used in relation to any person, another person 
who owns or controls, is owned or controlled by, or is under common 
ownership or control with, such person.
    (aa) Person. An individual, partnership, association, joint stock 
company, trust, corporation, or governmental entity.
    (bb) Significant interest. A cognizable interest for attributing 
interests in broadcast, cable, and newspaper properties pursuant to 
Sec. Sec. 73.3555, 73.3615, and 76.501.
    (cc) Cable system operator. Any person or group of persons (1) who 
provides cable service over a cable system and directly or through one 
or more affiliates owns a significant interest in such cable system; or 
(2) who otherwise controls or is responsible for, through any 
arrangement, the management and operation of such a cable system.
    (dd) System community unit: Community unit. A cable television 
system, or portion of a cable television system, that operates or will 
operate within a separate and distinct community or municipal entity 
(including unincorporated communities within unincorporated areas and 
including single, discrete unincorporated areas).
    (ee) Subscribers. (1) As used in the context of cable service, 
subscriber or cable subscriber means a member of the general public who 
receives broadcast programming distributed by a cable television system 
and does not further distribute it.
    (2) As used in the context of satellite service, subscriber or 
satellite subscriber means a person who receives a secondary 
transmission service from a satellite carrier and pays a fee for the 
service, directly or indirectly, to the satellite carrier or to a 
distributor.
    (ff) Cable service. The one-way transmission to subscribers of video 
programming, or other programming service; and, subscriber interaction, 
if any, which is required for the selection or use of such video 
programming or other programming service. For the purposes of this 
definition, ``video programming'' is programming provided by, or 
generally considered comparable to programming provided by, a television 
broadcast station; and, ``other programming service'' is information 
that a cable operator makes available to all subscribers generally.
    (gg) Satellite community. (1) For purposes of the significantly 
viewed rules (see Sec. 76.54), a separate and distinct community or 
municipal entity (including unincorporated communities within 
unincorporated areas and including single, discrete unincorporated 
areas). The boundaries of any such unincorporated community may be 
defined by one or more adjacent five-digit zip code areas. Satellite 
communities apply only in areas in which there is no pre-existing cable 
community, as defined in paragraph (dd) of this section.
    (2) For purposes of the market modification rules (see Sec. 76.59), 
a county.
    (hh) Input selector switch. Any device that enables a viewer to 
select between cable service and off-the-air television signals. Such a 
device may be more sophisticated than a mere two-sided

[[Page 548]]

switch, may utilize other cable interface equipment, and may be built 
into consumer television receivers.
    (ii) A syndicated program is any program sold, licensed, distributed 
or offered to television station licensees in more than one market 
within the United States other than as network programming as defined in 
Sec. 76.5(m).
    (jj) Rural area. A community unit with a density of less than 19 
households per route kilometer or thirty households per route mile of 
coaxial and/or fiber optic cable trunk and feeder line.
    (kk) Technically integrated. Having 75% or more of the video 
channels received from a common headend.
    (ll) Cable home wiring. The internal wiring contained within the 
premises of a subscriber which begins at the demarcation point. Cable 
home wiring includes passive splitters on the subscriber's side of the 
demarcation point, but does not include any active elements such as 
amplifiers, converter or decoder boxes, or remote control units.
    (mm) Demarcation point. (1) For new and existing single unit 
installations, the demarcation point shall be a point at (or about) 
twelve inches outside of where the cable wire enters the subscriber's 
premises.
    (2) For new and existing multiple dwelling unit installations with 
non-loop-through wiring configurations, the demarcation point shall be a 
point at (or about) twelve inches outside of where the cable wire enters 
the subscriber's dwelling unit, or, where the wire is physically 
inaccessible at such point, the closest practicable point thereto that 
does not require access to the individual subscriber's dwelling unit.
    (3) For new and existing multiple dwelling unit installations with 
loop-through wiring configurations, the demarcation points shall be at 
(or about) twelve inches outside of where the cable wire enters or exits 
the first and last individual dwelling units on the loop, or, where the 
wire is physically inaccessible at such point(s), the closest 
practicable point thereto that does not require access to an individual 
subscriber's dwelling unit.
    (4) As used in this paragraph (mm)(3), the term ``physically 
inaccessible'' describes a location that:
    (i) Would require significant modification of, or significant damage 
to, preexisting structural elements, and
    (ii) Would add significantly to the physical difficulty and/or cost 
of accessing the subscriber's home wiring.

    Note to Sec. 76.5 paragraph (mm)(4): For example, wiring embedded 
in brick, metal conduit, cinder blocks, or sheet rock with limited or 
without access openings would likely be physically inaccessible; wiring 
enclosed within hallway molding would not.

    (nn) Activated channels. Those channels engineered at the headend of 
a cable system for the provision of services generally available to 
residential subscribers of the cable system, regardless of whether such 
services actually are provided, including any channel designated for 
public, educational or governmental use.
    (oo) Usable activated channels. Those activated channels of a cable 
system, except those channels whose use for the distribution of 
broadcast signals would conflict with technical and safety regulations. 
See part 76, subpart K.
    (pp) Principal headend. (1) The headend, in the case of a cable 
system with a single headend or,
    (2) In the case of a cable system with more than one headend, the 
principal headend designated by the cable operator, except that such 
designation shall not undermine or evade the requirements of subpart D 
of this part. Each cable system must provide information regarding the 
designation and location of the principal headend to the Commission 
promptly upon request. Except for good cause, an operator may not change 
its choice of principal headend. Cable systems may elect voluntarily to 
provide the location of the principal headend in the Commission's online 
public inspection file database and may choose whether to make this 
information accessible only by the Commission or to also make it 
publicly available. Systems that elect not to provide this information 
in the online file, or to protect this information in the online file 
from public view, must make it available to broadcast television 
stations and local franchisors upon request. If a request is submitted

[[Page 549]]

by a television station or franchisor in writing by certified mail, 
cable systems must respond in writing by certified mail within 15 
calendar days. Cable systems may in addition elect to respond to 
requests from these entities submitted by telephone or email, but must 
respond in writing by certified mail if requested to do so by the 
station or franchisor.
    (qq) Emergency Alert System (EAS). The EAS is composed of broadcast 
networks; cable networks and program suppliers; AM, FM and TV broadcast 
stations; Low Power TV (LPTV) stations; cable systems and wireless cable 
systems; and other entities and industries operating on an organized 
basis during emergencies at the National, State, or local levels.
    (rr) Channel Slates. A written notice that appears on screen in 
place of a dropped video feed.

[37 FR 3278, Feb. 12, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 76.5, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.govinfo.gov.



Sec. 76.6  General pleading requirements.

    (a) General pleading requirements. All written submissions, both 
substantive and procedural, must conform to the following standards:
    (1) A pleading must be clear, concise, and explicit. All matters 
concerning a claim, defense or requested remedy, should be pleaded fully 
and with specificity.
    (2) Pleadings must contain facts which, if true, are sufficient to 
warrant a grant of the relief requested.
    (3) Facts must be supported by relevant documentation or affidavit.
    (4) The original of all pleadings and submissions by any party shall 
be signed by that party, or by the party's attorney. Complaints must be 
signed by the complainant. The signing party shall state his or her 
address and telephone number and the date on which the document was 
signed. Copies should be conformed to the original. Each submission must 
contain a written verification that the signatory has read the 
submission and to the best of his or her knowledge, information and 
belief formed after reasonable inquiry, it is well grounded in fact and 
is warranted by existing law or a good faith argument for the extension, 
modification or reversal of existing law; and that it is not interposed 
for any improper purpose. If any pleading or other submission is signed 
in violation of this provision, the Commission shall upon motion or upon 
its own initiative impose appropriate sanctions.
    (5) Legal arguments must be supported by appropriate judicial, 
Commission, or statutory authority. Opposing authorities must be 
distinguished. Copies must be provided of all non-Commission authorities 
relied upon which are not routinely available in national reporting 
systems, such as unpublished decisions or slip opinions of courts or 
administrative agencies.
    (6) Parties are responsible for the continuing accuracy and 
completeness of all information and supporting authority furnished in a 
pending complaint proceeding. Information submitted, as well as relevant 
legal authorities, must be current and updated as necessary and in a 
timely manner at any time before a decision is rendered on the merits of 
the complaint.
    (b) Copies to be Filed. Unless otherwise directed by specific 
regulation or the Commission, an original and two (2) copies of all 
pleadings shall be filed in accordance with Sec. 0.401(a) of this 
chapter, except that petitions requiring fees as set forth at part 1, 
subpart G of this chapter must be filed in accordance with Sec. 
0.401(b) of this chapter.
    (c) Frivolous pleadings. It shall be unlawful for any party to file 
a frivolous pleading with the Commission. Any violation of this 
paragraph shall constitute an abuse of process subject to appropriate 
sanctions.

[64 FR 6569, Feb. 10, 1999]



Sec. 76.7  General special relief, waiver, enforcement, complaint, show cause, forfeiture, and declaratory ruling procedures.

    (a) Initiating pleadings. In addition to the general pleading 
requirements, initiating pleadings must adhere to the following 
requirements:

[[Page 550]]

    (1) Petitions. On petition by any interested party, cable television 
system operator, a multichannel video programming distributor, local 
franchising authority, or an applicant, permittee, or licensee of a 
television broadcast or translator station, the Commission may waive any 
provision of this part 76, impose additional or different requirements, 
issue a ruling on a complaint or disputed question, issue a show cause 
order, revoke the certification of the local franchising authority, or 
initiate a forfeiture proceeding. Petitions may be submitted informally 
by letter.
    (2) Complaints. Complaints shall conform to the relevant rule 
section under which the complaint is being filed.
    (3) Certificate of service. Petitions and Complaints shall be 
accompanied by a certificate of service on any cable television system 
operator, multichannel video programming distributor, franchising 
authority, station licensee, permittee, or applicant, or other 
interested person who is likely to be directly affected if the relief 
requested is granted.
    (4) Statement of relief requested. (i) The petition or complaint 
shall state the relief requested. It shall state fully and precisely all 
pertinent facts and considerations relied on to demonstrate the need for 
the relief requested and to support a determination that a grant of such 
relief would serve the public interest.
    (ii) The petition or complaint shall set forth all steps taken by 
the parties to resolve the problem, except where the only relief sought 
is a clarification or interpretation of the rules.
    (iii) A petition or complaint may, on request of the filing party, 
be dismissed without prejudice as a matter of right prior to the 
adoption date of any final action taken by the Commission with respect 
to the petition or complaint. A request for the return of an initiating 
document will be regarded as a request for dismissal.
    (5) Failure to prosecute. Failure to prosecute petition or 
complaint, or failure to respond to official correspondence or request 
for additional information, will be cause for dismissal. Such dismissal 
will be without prejudice if it occurs prior to the adoption date of any 
final action taken by the Commission with respect to the initiating 
pleading.
    (b) Responsive pleadings. In addition to the general pleading 
requirements, responsive pleadings must adhere to the following 
requirements:
    (1) Comments/oppositions to petitions. Unless otherwise directed by 
the Commission, interested persons may submit comments or oppositions 
within twenty (20) days after the date of public notice of the filing of 
such petition. Comments or oppositions shall be served on the petitioner 
and on all persons listed in petitioner's certificate of service, and 
shall contain a detailed full showing, supported by affidavit, of any 
facts or considerations relied on.
    (2) Answers to complaints. (i) Unless otherwise directed by the 
Commission, any party who is served with a complaint shall file an 
answer in accordance with the following, and the relevant rule section 
under which the complaint is being filed.
    (ii) The answer shall be filed within 20 days of service of the 
complaint, unless another period is set forth in the relevant rule 
section.
    (iii) The answer shall advise the parties and the Commission fully 
and completely of the nature of any and all defenses, and shall respond 
specifically to all material allegations of the complaint. Collateral or 
immaterial issues shall be avoided in answers and every effort should be 
made to narrow the issues. Any party against whom a complaint is filed 
failing to file and serve an answer within the time and in the manner 
prescribed by these rules may be deemed in default and an order may be 
entered against defendant in accordance with the allegations contained 
in the complaint.
    (iv) The answer shall admit or deny the averments on which the 
adverse party relies. If the defendant is without knowledge or 
information sufficient to form a belief as to the truth of an averment, 
the defendant shall so state and this has the effect of a denial. When a 
defendant intends in good faith to deny only part of an averment, the 
answer shall specify so much of it as is true and shall deny only the 
remainder. The defendant may make its denials as specific denials of 
designated averments

[[Page 551]]

or paragraphs, or may generally deny all the averments except such 
designated averments or paragraphs as the defendant expressly admits. 
When the defendant intends to controvert all averments, the defendant 
may do so by general denial.
    (v) Averments in a complaint are deemed to be admitted when not 
denied in the answer.
    (c) Reply. In addition to the general pleading requirements, reply 
comments and replies must adhere to the following requirements:
    (1) The petitioner or complainant may file a reply to a responsive 
pleading which shall be served on all persons who have filed pleadings 
and shall also contain a detailed full showing, supported by affidavit, 
of any additional facts or considerations relied on. Unless expressly 
permitted by the Commission, reply comments and replies to an answer 
shall not contain new matters.
    (2) Failure to reply will not be deemed an admission of any 
allegations contained in the responsive pleading, except with respect to 
any affirmative defense set forth therein.
    (3) Unless otherwise directed by the Commission or the relevant rule 
section, comments and replies to answers must be filed within ten (10) 
days after submission of the responsive pleading.
    (d) Motions. Except as provided in this section, or upon a showing 
of extraordinary circumstances, additional motions or pleadings by any 
party will not be accepted.
    (e) Additional procedures and written submissions. (1) The 
Commission may specify other procedures, such as oral argument or 
evidentiary hearing directed to particular aspects, as it deems 
appropriate. In the event that an evidentiary hearing is required, the 
Commission will determine, on the basis of the pleadings and such other 
procedures as it may specify, whether temporary relief should be 
afforded any party pending the hearing and the nature of any such 
temporary relief.
    (2) The Commission may require the parties to submit any additional 
information it deems appropriate for a full, fair, and expeditious 
resolution of the proceeding, including copies of all contracts and 
documents reflecting arrangements and understandings alleged to violate 
the requirements set forth in the Communications Act and in this part, 
as well as affidavits and exhibits.
    (3) The Commission may, in its discretion, require the parties to 
file briefs summarizing the facts and issues presented in the pleadings 
and other record evidence.
    (i) These briefs shall contain the findings of fact and conclusions 
of law which that party is urging the Commission to adopt, with specific 
citations to the record, and supported by relevant authority and 
analysis.
    (ii) Any briefs submitted shall be filed concurrently by both the 
complainant and defendant at such time as is designated by the staff. 
Such briefs shall not exceed fifty (50) pages.
    (iii) Reply briefs may be submitted by either party within twenty 
(20) days from the date initial briefs are due. Reply briefs shall not 
exceed thirty (30) pages.
    (f) Discovery. (1) The Commission staff may in its discretion order 
discovery limited to the issues specified by the Commission. Such 
discovery may include answers to written interrogatories, depositions or 
document production.
    (2) The Commission staff may in its discretion direct the parties to 
submit discovery proposals, together with a memorandum in support of the 
discovery requested. Such discovery requests may include answers to 
written interrogatories, document production or depositions. The 
Commission staff may hold a status conference with the parties, pursuant 
to Sec. 76.8 of this part, to determine the scope of discovery, or 
direct the parties regarding the scope of discovery. If the Commission 
staff determines that extensive discovery is required or that 
depositions are warranted, the staff may advise the parties that the 
proceeding will be referred to an administrative law judge in accordance 
with paragraph (g) of this section.
    (g) Referral to administrative law judge. (1) After reviewing the 
pleadings, and at any stage of the proceeding thereafter, the Commission 
staff may, in its discretion, designate any proceeding or discrete 
issues arising out of any proceeding for an adjudicatory hearing before 
an administrative law judge.

[[Page 552]]

    (2) Before designation for hearing, the staff shall notify, either 
orally or in writing, the parties to the proceeding of its intent to so 
designate, and the parties shall be given a period of ten (10) days to 
elect to resolve the dispute through alternative dispute resolution 
procedures, or to proceed with an adjudicatory hearing. Such election 
shall be submitted in writing to the Commission.
    (3) Unless otherwise directed by the Commission, or upon motion by 
the Media Bureau Chief, the Media Bureau Chief shall not be deemed to be 
a party to a proceeding designated for a hearing before an 
administrative law judge pursuant to this paragraph (g).
    (h) System community units outside the Contiguous States. On a 
finding that the public interest so requires, the Commission may 
determine that a system community unit operating or proposing to operate 
in a community located outside of the 48 contiguous states shall comply 
with provisions of subparts D, F, and G of this part in addition to the 
provisions thereof otherwise applicable.
    (i) Commission ruling. The Commission, after consideration of the 
pleadings, may determine whether the public interest would be served by 
the grant, in whole or in part, or denial of the request, or may issue a 
ruling on the complaint or dispute, issue an order to show cause, or 
initiate a forfeiture proceeding.

    Note 1 to Sec. 76.7: After issuance of an order to show cause 
pursuant to this section, the rules of procedure in Title 47, part 1, 
subpart A, Sec. Sec. 1.91-1.95 of this chapter shall apply.
    Note 2 to Sec. 76.7: Nothing in this section is intended to prevent 
the Commission from initiating show cause or forfeiture proceedings on 
its own motion; Provided, however, that show cause proceedings and 
forfeiture proceedings pursuant to Sec. 1.80(g) of this chapter will 
not be initiated by such motion until the affected parties are given an 
opportunity to respond to the Commission's charges.
    Note 3 to Sec. 76.7: Forfeiture proceedings are generally 
nonhearing matters conducted pursuant to the provisions of Sec. 1.80(f) 
of this chapter (Notice of Apparent Liability). Petitioners who contend 
that the alternative hearing procedures of Sec. 1.80(g) of this chapter 
should be followed in a particular case must support this contention 
with a specific showing of the facts and considerations relied on.
    Note 4 to Sec. 76.7: To the extent a conflict is perceived between 
the general pleading requirements of this section, and the procedural 
requirements of a specific section, the procedural requirements of the 
specific section should be followed.

[64 FR 6569, Feb. 10, 1999, as amended at 67 FR 13234, Mar. 21, 2002; 76 
FR 60673, Sept. 29, 2011; 80 FR 59663, Oct. 2, 2015; 85 FR 63184, Oct. 
6, 2020]



Sec. 76.8  Status conference.

    (a) In any proceeding subject to the part 76 rules, the Commission 
staff may in its discretion direct the attorneys and/or the parties to 
appear for a conference to consider:
    (1) Simplification or narrowing of the issues;
    (2) The necessity for or desirability of amendments to the 
pleadings, additional pleadings, or other evidentiary submissions;
    (3) Obtaining admissions of fact or stipulations between the parties 
as to any or all of the matters in controversy;
    (4) Settlement of the matters in controversy by agreement of the 
parties;
    (5) The necessity for and extent of discovery, including objections 
to interrogatories or requests for written documents;
    (6) The need and schedule for filing briefs, and the date for any 
further conferences; and
    (7) Such other matters that may aid in the disposition of the 
proceeding.
    (b) Any party may request that a conference be held at any time 
after an initiating document has been filed.
    (c) Conferences will be scheduled by the Commission at such time and 
place as it may designate, to be conducted in person or by telephone 
conference call.
    (d) The failure of any attorney or party, following advance notice 
with an opportunity to be present, to appear at a scheduled conference 
will be deemed a waiver and will not preclude the Commission from 
conferring with those parties or counsel present.
    (e) During a status conference, the Commission staff may issue oral 
rulings pertaining to a variety of matters relevant to the conduct of 
the proceeding including, inter alia, procedural matters, discovery, and 
the submission of briefs or other evidentiary materials. These rulings 
will be promptly

[[Page 553]]

memorialized in writing and served on the parties. When such rulings 
require a party to take affirmative action not subject to deadlines 
established by another provision of this subpart, such action will be 
required within ten (10) days from the date of the written 
memorialization unless otherwise directed by the staff.

[64 FR 6571, Feb. 10, 1999]



Sec. 76.9  Confidentiality of proprietary information.

    (a) Any materials filed in the course of a proceeding under this 
provision may be designated as proprietary by that party if the party 
believes in good faith that the materials fall within an exemption to 
disclosure contained in the Freedom of Information Act (FOIA), 5 U.S.C. 
552(b). Any party asserting confidentiality for such materials shall so 
indicate by clearly marking each page, or portion thereof, for which a 
proprietary designation is claimed. If a proprietary designation is 
challenged, the party claiming confidentiality will have the burden of 
demonstrating, by a preponderance of the evidence, that the material 
designated as proprietary falls under the standards for nondisclosure 
enunciated in FOIA.
    (b) Submissions containing information claimed to be proprietary 
under this section shall be submitted to the Commission in confidence 
pursuant to the requirements of Sec. 0.459 of this chapter and clearly 
marked ``Not for Public Inspection.'' An edited version removing all 
proprietary data shall be filed with the Commission for inclusion in the 
public file within five (5) days from the date the unedited reply is 
submitted, and shall be served on the opposing parties.
    (c) Except as provided in paragraph (d) of this section, materials 
marked as proprietary may be disclosed solely to the following persons, 
only for use in the proceeding, and only to the extent necessary to 
assist in the prosecution or defense of the case:
    (i) Counsel of record representing the parties in the proceeding and 
any support personnel employed by such attorneys;
    (ii) Officers or employees of the parties in the proceeding who are 
named by another party as being directly involved in the proceeding;
    (iii) Consultants or expert witnesses retained by the parties;
    (iv) The Commission and its staff; and
    (v) Court reporters and stenographers in accordance with the terms 
and conditions of this section.
    (d) The Commission will entertain, subject to a proper showing, a 
party's request to further restrict access to proprietary information as 
specified by the party. The other parties will have an opportunity to 
respond to such requests.
    (e) The persons designated in paragraphs (c) and (d) of this section 
shall not disclose information designated as proprietary to any person 
who is not authorized under this section to receive such information, 
and shall not use the information in any activity or function other than 
the prosecution or defense of the case before the Commission. Each 
individual who is provided access to the information by the opposing 
party shall sign a notarized statement affirmatively stating, or shall 
certify under penalty of perjury, that the individual has personally 
reviewed the Commission's rules and understands the limitations they 
impose on the signing party.
    (f) No copies of materials marked proprietary may be made except 
copies to be used by persons designated in paragraphs (c) and (d) of 
this section. Each party shall maintain a log recording the number of 
copies made of all proprietary material and the persons to whom the 
copies have been provided.
    (g) Upon termination of the complaint proceeding, including all 
appeals and petitions, all originals and reproductions of any 
proprietary materials, along with the log recording persons who received 
copies of such materials, shall be provided to the producing party. In 
addition, upon final termination of the proceeding, any notes or other 
work product derived in whole or in part from the proprietary materials 
of an opposing or third party shall be destroyed.

[64 FR 6571, Feb. 10, 1999]

[[Page 554]]



Sec. 76.10  Review.

    (a) Interlocutory review. (1) Except as provided below, no party may 
seek review of interlocutory rulings until a decision on the merits has 
been issued by the staff or administrative law judge.
    (2) Rulings listed in this paragraph are reviewable as a matter of 
right. An application for review of such ruling may not be deferred and 
raised as an exception to a decision on the merits.
    (i) If the staff's ruling denies or terminates the right of any 
person to participate as a party to the proceeding, such person, as a 
matter of right, may file an application for review of that ruling.
    (ii) If the staff's ruling requires production of documents or other 
written evidence, over objection based on a claim of privilege, the 
ruling on the claim of privilege is reviewable as a matter of right.
    (iii) If the staff's ruling denies a motion to disqualify a staff 
person from participating in the proceeding, the ruling is reviewable as 
a matter of right.
    (b) Petitions for reconsideration. Petitions for reconsideration of 
interlocutory actions by the Commission's staff or by an administrative 
law judge will not be entertained. Petitions for reconsideration of a 
decision on the merits made by the Commission's staff should be filed in 
accordance with Sec. Sec. 1.104 through 1.106 of this chapter.
    (c) Application for review. (1) Any party to a part 76 proceeding 
aggrieved by any decision on the merits issued by the staff pursuant to 
delegated authority may file an application for review by the Commission 
in accordance with Sec. 1.115 of this chapter.
    (2) Any party to a proceeding under this part aggrieved by any 
decision on the merits by an administrative law judge may file an appeal 
of the decision directly with the Commission, in accordance with 
Sec. Sec. 1.276(a) and 1.277(a) through (c) of this chapter.

[64 FR 6571, Feb. 10, 1999, as amended at 85 FR 81812, Dec. 17, 2020]



Sec. 76.11  Lockbox enforcement.

    Any party aggrieved by the failure or refusal of a cable operator to 
provided a lockbox as provided for in Title VI of the Communications Act 
may petition the Commission for relief in accordance with the provisions 
and procedures set forth in Sec. 76.7 for petitions for special relief.

[50 FR 18661, May 2, 1985]



                    Subpart B_Registration Statements



Sec. 76.29  Special temporary authority.

    (a) In circumstances requiring the temporary use of community units 
for operations not authorized by the Commission's rules, a cable 
television system may request special temporary authority to operate. 
The Commission may grant special temporary authority, upon a finding 
that the public interest would be served thereby, for a period not to 
exceed ninety (90) days, and may extend such authority, upon a like 
finding, for one additional period, not to exceed ninety (90) days.
    (b) Requests for special temporary authority may be submitted 
informally, by letter, and shall contain the following:
    (1) Name and address of the applicant cable system.
    (2) Community in which the community unit is located.
    (3) Type of operation to be conducted.
    (4) Date of commencement of proposed operations.
    (5) Duration of time for which temporary authority is required.
    (6) All pertinent facts and considerations relied on to demonstrate 
the need for special temporary authority and to support a determination 
that a grant of such authority would serve the public interest.
    (7) A certificate of service on all interested parties.
    (c) A request for special temporary authority shall be filed at 
least ten (10) days prior to the date of commencement of the proposed 
operations, or shall be accompanied by a statement of reasons for the 
delay in submitting such request.

[[Page 555]]

    (d) A grant of special temporary authority may be rescinded by the 
Commission at any time upon a finding of facts which warrant such 
action.

[39 FR 35166, Sept. 30, 1974; 42 FR 19346, Apr. 13, 1977, as amended at 
43 FR 49008, Oct. 20, 1978]



                       Subpart C_Cable Franchising



Sec. 76.41  Franchise application process.

    (a) Definition. Competitive franchise applicant. For the purpose of 
this section, an applicant for a cable franchise in an area currently 
served by another cable operator or cable operators in accordance with 
47 U.S.C. 541(a)(1).
    (b) A competitive franchise applicant must include the following 
information in writing in its franchise application, in addition to any 
information required by applicable State and local laws:
    (1) The applicant's name;
    (2) The names of the applicant's officers and directors;
    (3) The business address of the applicant;
    (4) The name and contact information of a designated contact for the 
applicant;
    (5) A description of the geographic area that the applicant proposes 
to serve;
    (6) The PEG channel capacity and capital support proposed by the 
applicant;
    (7) The term of the agreement proposed by the applicant;
    (8) Whether the applicant holds an existing authorization to access 
the public rights-of-way in the subject franchise service area as 
described under paragraph (b)(5) of this section;
    (9) The amount of the franchise fee the applicant offers to pay; and
    (10) Any additional information required by applicable State or 
local laws.
    (c) A franchising authority may not require a competitive franchise 
applicant to negotiate or engage in any regulatory or administrative 
processes prior to the filing of the application.
    (d) When a competitive franchise applicant files a franchise 
application with a franchising authority and the applicant has existing 
authority to access public rights-of-way in the geographic area that the 
applicant proposes to serve, the franchising authority must grant or 
deny the application within 90 days of the date the application is 
received by the franchising authority. If a competitive franchise 
applicant does not have existing authority to access public rights-of-
way in the geographic area that the applicant proposes to serve, the 
franchising authority must grant or deny the application within 180 days 
of the date the application is received by the franchising authority. A 
franchising authority and a competitive franchise applicant may agree in 
writing to extend the 90-day or 180-day deadline, whichever is 
applicable.
    (e) If a franchising authority does not grant or deny an application 
within the time limit specified in paragraph (d) of this section, the 
competitive franchise applicant will be authorized to offer service 
pursuant to an interim franchise in accordance with the terms of the 
application submitted under paragraph (b) of this section.
    (f) If after expiration of the time limit specified in paragraph (d) 
of this section a franchising authority denies an application, the 
competitive franchise applicant must discontinue operating under the 
interim franchise specified in paragraph (e) of this section unless the 
franchising authority provides consent for the interim franchise to 
continue for a limited period of time, such as during the period when 
judicial review of the franchising authority's decision is pending. The 
competitive franchise applicant may seek judicial review of the denial 
under 47 U.S.C. 555.
    (g) If after expiration of the time limit specified in paragraph (d) 
of this section a franchising authority and a competitive franchise 
applicant agree on the terms of a franchise, upon the effective date of 
that franchise, that franchise will govern and the interim franchise 
will expire.

[72 FR 13215, Mar. 21, 2007]



Sec. 76.42  In-kind contributions.

    (a) In-kind, cable-related contributions are ``franchise fees'' 
subject to the five percent cap set forth in 47 U.S.C. 542(b). Such 
contributions, which count toward the five percent cap at their fair 
market value, include

[[Page 556]]

any non-monetary contributions related to the provision of cable service 
by a cable operator as a condition or requirement of a local franchise, 
including but not limited to:
    (1) Costs attributable to the provision of free or discounted cable 
service to public buildings, including buildings leased by or under 
control of the franchising authority;
    (2) Costs in support of public, educational, or governmental access 
facilities, with the exception of capital costs; and
    (3) Costs attributable to the construction of institutional 
networks.
    (b) In-kind, cable-related contributions do not include the costs of 
complying with build-out and customer service requirements.

[84 FR 44750, Aug. 27, 2019]



Sec. 76.43  Mixed-use rule.

    A franchising authority may not regulate the provision of any 
services other than cable services offered over the cable system of a 
cable operator, with the exception of channel capacity on institutional 
networks.

[84 FR 44750, Aug. 27, 2019]



           Subpart D_Carriage of Television Broadcast Signals



Sec. 76.51  Major television markets.

    For purposes of the cable television rules, the following is a list 
of the major television markets and their designated communities:
    (a) First 50 major television markets:
    (1) New York, New York-Linden-Paterson-Newark, New Jersey.
    (2) Los Angeles-San Bernardino-Corona-Riverside-Anaheim, Calif.
    (3) Chicago, Ill.
    (4) Philadelphia, Pa.-Burlington, N.J.
    (5) Detroit, Mich.
    (6) Boston-Cambridge-Worcester-Lawrence, Mass.
    (7) San Francisco-Oakland-San Jose, Calif.
    (8) Cleveland-Lorain-Akron, Ohio.
    (9) Washington, DC.
    (10) Pittsburgh, Pa.
    (11) St. Louis, Mo.
    (12) Dallas-Fort Worth, Tex.
    (13) Minneapolis-St. Paul, Minn.
    (14) Baltimore, Md.
    (15) Houston, Tex.
    (16) Indianapolis-Bloomington, Ind.
    (17) Cincinnati, Ohio-Newport, Ky.
    (18) Atlanta-Rome, Ga.
    (19) Hartford-New Haven-New Britain-Waterbury-New London, Ct.
    (20) Seattle-Tacoma, Wash.
    (21) Miami, Fla.
    (22) Kansas City, Mo.
    (23) Milwaukee, Wis.
    (24) Buffalo, N.Y.
    (25) Sacramento-Stockton-Modesto, Calif.
    (26) Memphis, Tenn.
    (27) Columbus-Chillicothe, Ohio.
    (28) Tampa-St. Petersburg-Clearwater, Florida.
    (29) Portland, Oreg.
    (30) Nashville, Tenn.
    (31) New Orleans, La.
    (32) Denver-Castle Rock, Colorado.
    (33) Providence, R.I.-New Bedford, Mass.
    (34) Albany-Schenectady-Troy, N.Y.
    (35) Syracuse, N.Y.
    (36) Charleston-Huntington, W. Va.
    (37) Kalamazoo-Grand Rapids-Battle Creek, Mich.
    (38) Louisville, Ky.
    (39) Oklahoma City, Okla.
    (40) Birmingham, Ala.
    (41) Dayton-Kettering, Ohio.
    (42) Charlotte, N.C.
    (43) Phoenix-Mesa, Ariz.
    (44) Norfolk-Newport News-Portsmouth-Hampton, Va.
    (45) San Antonio, Tex.
    (46) Greenville-Spartanburg-Anderson, S.C.-Asheville, N.C.
    (47) Greensboro-High Point-Winston Salem, N.C.
    (48) Salt Lake City, Utah.
    (49) Wilkes Barre-Scranton, Pa.
    (50) Little Rock-Pine Bluff, Arkansas.
    (b) Second 50 major television markets:
    (51) San Diego, Calif.
    (52) Toledo, Ohio.
    (53) Omaha, Nebr.
    (54) Tulsa, Okla.
    (55) Orlando-Daytona Beach-Melbourne-Cocoa-Clermont, Florida.
    (56) Rochester, N.Y.
    (57) Harrisburg-Lancaster-York, Pa.
    (58) Texarkana, Tex.-Shreveport, La.
    (59) Mobile, Ala.-Pensacola, Fla.
    (60) Davenport, Iowa-Rock Island-Moline, Ill.

[[Page 557]]

    (61) Flint-Bay City-Saginaw, Mich.
    (62) Green Bay, Wis.
    (63) Richmond-Petersburg, Va.
    (64) Springfield-Decatur-Champaign, Illinois.
    (65) Cedar Rapids-Waterloo, Iowa.
    (66) Des Moines-Ames, Iowa.
    (67) Wichita-Hutchinson, Kans.
    (68) Jacksonville, Fla.
    (69) Cape Girardeau, Mo.-Paducah, Ky.-Harrisburg, Ill.
    (70) Roanoke-Lynchburg, Va.
    (71) Knoxville, Tenn.
    (72) Fresno-Visalia-Hanford-Clovis-Merced-Porterville, California.
    (73) Raleigh-Durham-Goldsboro-Fayetteville, North Carolina.
    (74) Johnstown-Altoona, Pa.
    (75) Portland-Poland Spring, Maine.
    (76) Spokane, Wash.
    (77) Jackson, Miss.
    (78) Chattanooga, Tenn.
    (79) Youngstown, Ohio.
    (80) South Bend-Elkhart, Ind.
    (81) Albuquerque, N. Mex.
    (82) Fort Wayne-Roanoke, Ind.
    (83) Peoria, Ill.
    (84) Greenville-Washington-New Bern, N.C.
    (85) Sioux Falls-Mitchell, S. Dak.
    (86) Evansville, Ind.
    (87) Baton Rouge, La.
    (88) Beaumont-Port Arthur, Tex.
    (89) Duluth, Minn.-Superior, Minn.
    (90) Wheeling, W. Va.-Steubenville, Ohio.
    (91) Lincoln-Hastings-Kearney, Nebr.
    (92) Lansing-Onondaga, Mich.
    (93) Madison, Wis.
    (94) Columbus, Ga.
    (95) Amarillo, Tex.
    (96) Huntsville-Decatur, Ala.
    (97) Rockford-Freeport, Ill.
    (98) Fargo-Valley City, N.D.
    (99) Monroe, La.-El Dorado, Ark.
    (100) Columbia, S.C.

    Note: Requests for changes to this list shall be made in the form of 
a petition for rulemaking pursuant to Sec. 1.401 of this chapter, 
except that such petitions shall not be subject to the public notice 
provisions of Sec. 1.403 of this chapter.

[37 FR 3278, Feb. 12, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
76.51, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 76.53  Reference points.

    The following list of reference points shall be used to identify the 
boundaries of the major and smaller television markets (defined in Sec. 
76.5). Where a community's reference point is not given, the geographic 
coordinates of the main post office in the community shall be used.

------------------------------------------------------------------------
              State and community                 Latitude    Longitude
------------------------------------------------------------------------
Alabama:
  Anniston....................................  33[deg]39[m  85[deg]49[m
                                                 in]49[sec]   in]47[sec]
  Birmingham..................................  33[deg]31[m  86[deg]48[m
                                                 in]01[sec]   in]36[sec]
  Decatur.....................................  34[deg]36[m  86[deg]58[m
                                                 in]35[sec]   in]45[sec]
  Demopolis...................................  32[deg]30[m  87[deg]50[m
                                                 in]56[sec]   in]07[sec]
  Dothan......................................  31[deg]13[m  85[deg]23[m
                                                 in]27[sec]   in]35[sec]
  Dozier......................................  31[deg]29[m  86[deg]21[m
                                                 in]30[sec]   in]59[sec]
  Florence....................................  34[deg]48[m  87[deg]40[m
                                                 in]05[sec]   in]31[sec]
  Huntsville..................................  34[deg]44[m  86[deg]35[m
                                                 in]18[sec]   in]19[sec]
  Louisville..................................  31[deg]47[m  85[deg]33[m
                                                 in]00[sec]   in]09[sec]
  Mobile......................................  30[deg]41[m  88[deg]02[m
                                                 in]36[sec]   in]33[sec]
  Montgomery..................................  32[deg]22[m  86[deg]18[m
                                                 in]33[sec]   in]31[sec]
  Mount Cheaha State Park.....................  33[deg]29[m  85[deg]48[m
                                                 in]26[sec]   in]30[sec]
  Selma.......................................  24[deg]24[m  87[deg]01[m
                                                 in]26[sec]   in]15[sec]
  Tuscaloosa..................................  33[deg]12[m  87[deg]33[m
                                                 in]05[sec]   in]44[sec]
Alaska:
  Anchorage...................................  61[deg]13[m  149[deg]53[
                                                 in]09[sec]  min]29[sec]
  College.....................................  64[deg]51[m  147[deg]48[
                                                 in]22[sec]  min]38[sec]
  Fairbanks...................................  64[deg]50[m  147[deg]41[
                                                 in]35[sec]  min]51[sec]
  Juneau......................................  58[deg]18[m  134[deg]25[
                                                 in]06[sec]  min]09[sec]
  Sitka.......................................  57[deg]02[m  135[deg]20[
                                                 in]58[sec]  min]12[sec]
Arizona:
  Flagstaff...................................  35[deg]11[m  111[deg]39[
                                                 in]54[sec]  min]02[sec]
  Mesa........................................  33[deg]24[m  111[deg]49[
                                                 in]54[sec]  min]41[sec]
  Nogales.....................................  31[deg]20[m  110[deg]56[
                                                 in]14[sec]  min]12[sec]
  Phoenix.....................................  33[deg]27[m  112[deg]04[
                                                 in]12[sec]  min]28[sec]
  Tucson......................................  32[deg]13[m  110[deg]58[
                                                 in]15[sec]  min]08[sec]
  Yuma........................................  32[deg]43[m  114[deg]37[
                                                 in]16[sec]  min]01[sec]
Arkansas:
  El Dorado...................................  33[deg]12[m  92[deg]39[m
                                                 in]39[sec]   in]40[sec]
  Fayetteville................................  36[deg]03[m  94[deg]09[m
                                                 in]41[sec]   in]38[sec]
  Fort Smith..................................  35[deg]23[m  94[deg]25[m
                                                 in]10[sec]   in]36[sec]
  Jonesboro...................................  35[deg]50[m  90[deg]42[m
                                                 in]14[sec]   in]11[sec]
  Little Rock.................................  34[deg]44[m  92[deg]16[m
                                                 in]42[sec]   in]37[sec]
California:
  Bakersfield.................................  35[deg]22[m  119[deg]01[
                                                 in]31[sec]  min]16[sec]
  Chico.......................................  39[deg]44[m  121[deg]49[
                                                 in]07[sec]  min]57[sec]
  Concord.....................................  37[deg]58[m  122[deg]01[
                                                 in]46[sec]  min]51[sec]
  Corona......................................  33[deg]52[m  117[deg]33[
                                                 in]35[sec]  min]56[sec]
  El Centro...................................  32[deg]47[m  115[deg]32[
                                                 in]25[sec]  min]45[sec]
  Eureka......................................  40[deg]48[m  124[deg]09[
                                                 in]08[sec]  min]46[sec]
  Fontana.....................................  34[deg]05[m  117[deg]26[
                                                 in]45[sec]  min]29[sec]
  Fresno......................................  36[deg]44[m  119[deg]47[
                                                 in]12[sec]  min]11[sec]
  Guasti......................................  34[deg]03[m  117[deg]35[
                                                 in]48[sec]  min]10[sec]
  Hanford.....................................  36[deg]19[m  119[deg]38[
                                                 in]51[sec]  min]48[sec]
  Los Angeles.................................  34[deg]03[m  118[deg]14[
                                                 in]15[sec]  min]28[sec]
  Modesto.....................................  37[deg]38[m  120[deg]59[
                                                 in]26[sec]  min]44[sec]
  Monterey....................................  36[deg]35[m  121[deg]53[
                                                 in]44[sec]  min]39[sec]
  Oakland.....................................  37[deg]48[m  122[deg]15[
                                                 in]03[sec]  min]54[sec]
  Palm Springs................................  33[deg]49[m  116[deg]32[
                                                 in]22[sec]  min]46[sec]
  Redding.....................................  40[deg]34[m  122[deg]23[
                                                 in]57[sec]  min]34[sec]
  Sacramento..................................  38[deg]34[m  121[deg]29[
                                                 in]57[sec]  min]41[sec]
  Salinas.....................................  36[deg]40[m  121[deg]39[
                                                 in]24[sec]  min]25[sec]
  San Bernardino..............................  34[deg]06[m  117[deg]17[
                                                 in]30[sec]  min]28[sec]
  San Diego...................................  32[deg]42[m  117[deg]09[
                                                 in]53[sec]  min]21[sec]
  San Francisco...............................  37[deg]46[m  122[deg]24[
                                                 in]39[sec]  min]40[sec]
  San Jose....................................  37[deg]20[m  121[deg]53[
                                                 in]16[sec]  min]24[sec]
  San Luis Obispo.............................  35[deg]16[m  120[deg]39[
                                                 in]49[sec]  min]34[sec]
  San Mateo...................................  37[deg]34[m  122[deg]19[
                                                 in]08[sec]  min]16[sec]
  Santa Barbara...............................  34[deg]25[m  119[deg]41[
                                                 in]18[sec]  min]55[sec]
  Santa Maria.................................  34[deg]57[m  120[deg]26[
                                                 in]02[sec]  min]10[sec]

[[Page 558]]

 
  Stockton....................................  37[deg]57[m  121[deg]17[
                                                 in]30[sec]  min]16[sec]
  Tulare......................................  36[deg]12[m  119[deg]20[
                                                 in]31[sec]  min]35[sec]
  Ventura.....................................  34[deg]16[m  119[deg]17[
                                                 in]47[sec]  min]22[sec]
  Visalia.....................................  36[deg]19[m  119[deg]17[
                                                 in]46[sec]  min]30[sec]
Colorado:
  Colorado Springs............................  38[deg]50[m  104[deg]49[
                                                 in]07[sec]  min]16[sec]
  Denver......................................  39[deg]44[m  104[deg]59[
                                                 in]58[sec]  min]22[sec]
  Durango.....................................  37[deg]16[m  107[deg]52[
                                                 in]29[sec]  min]25[sec]
  Grand Junction..............................  39[deg]04[m  108[deg]33[
                                                 in]06[sec]  min]54[sec]
  Montrose....................................  38[deg]28[m  107[deg]52[
                                                 in]44[sec]  min]31[sec]
  Pueblo......................................  38[deg]16[m  104[deg]36[
                                                 in]17[sec]  min]33[sec]
  Sterling....................................  40[deg]37[m  103[deg]12[
                                                 in]29[sec]  min]25[sec]
Connecticut:
  Bridgeport..................................  41[deg]10[m  73[deg]11[m
                                                 in]49[sec]   in]22[sec]
  Hartford....................................  41[deg]46[m  72[deg]40[m
                                                 in]12[sec]   in]49[sec]
  New Britain.................................  41[deg]40[m  72[deg]47[m
                                                 in]02[sec]   in]08[sec]
  New Haven...................................  41[deg]18[m  72[deg]55[m
                                                 in]25[sec]   in]30[sec]
  Norwich.....................................  41[deg]31[m  72[deg]04[m
                                                 in]36[sec]   in]31[sec]
  Waterbury...................................  41[deg]33[m  73[deg]02[m
                                                 in]13[sec]   in]31[sec]
Delaware:
  Wilmington..................................  39[deg]44[m  75[deg]32[m
                                                 in]46[sec]   in]51[sec]
District of Columbia:
  Washington..................................  38[deg]53[m  77[deg]00[m
                                                 in]51[sec]   in]33[sec]
Florida:
  Clearwater..................................  27[deg]57[m  82[deg]47[m
                                                 in]56[sec]   in]51[sec]
  Daytona Beach...............................  29[deg]12[m  81[deg]01[m
                                                 in]44[sec]   in]10[sec]
  Fort Lauderdale.............................  26[deg]07[m  80[deg]08[m
                                                 in]11[sec]   in]34[sec]
  Fort Myers..................................  26[deg]38[m  81[deg]52[m
                                                 in]42[sec]   in]06[sec]
  Fort Pierce.................................  27[deg]26[m  80[deg]19[m
                                                 in]48[sec]   in]38[sec]
  Gainesville.................................  29[deg]38[m  82[deg]19[m
                                                 in]56[sec]   in]19[sec]
  Jacksonville................................  30[deg]19[m  81[deg]39[m
                                                 in]44[sec]   in]42[sec]
  Largo.......................................  27[deg]54[m  82[deg]47[m
                                                 in]54[sec]   in]32[sec]
  Leesburg....................................  28[deg]48[m  81[deg]52[m
                                                 in]43[sec]   in]30[sec]
  Melbourne...................................  28[deg]04[m  80[deg]36[m
                                                 in]41[sec]   in]29[sec]
  Miami.......................................  25[deg]46[m  80[deg]11[m
                                                 in]37[sec]   in]32[sec]
  Ocala.......................................  29[deg]11[m  82[deg]08[m
                                                 in]34[sec]   in]14[sec]
  Orlando.....................................  28[deg]32[m  81[deg]22[m
                                                 in]42[sec]   in]38[sec]
  Panama City.................................  30[deg]09[m  85[deg]39[m
                                                 in]24[sec]   in]47[sec]
  Pensacola...................................  30[deg]24[m  87[deg]12[m
                                                 in]51[sec]   in]56[sec]
  St. Petersburg..............................  27[deg]46[m  82[deg]38[m
                                                 in]18[sec]   in]16[sec]
  Sarasota....................................  27[deg]20[m  82[deg]32[m
                                                 in]05[sec]   in]29[sec]
  Tallahassee.................................  30[deg]26[m  84[deg]16[m
                                                 in]30[sec]   in]50[sec]
  Tampa.......................................  27[deg]56[m  82[deg]27[m
                                                 in]58[sec]   in]26[sec]
  West Palm Beach.............................  26[deg]42[m  80[deg]03[m
                                                 in]36[sec]   in]05[sec]
Georgia:
  Albany......................................  31[deg]34[m  84[deg]09[m
                                                 in]36[sec]   in]22[sec]
  Athens......................................  33[deg]57[m  83[deg]22[m
                                                 in]34[sec]   in]39[sec]
  Atlanta.....................................  33[deg]45[m  84[deg]23[m
                                                 in]10[sec]   in]37[sec]
  Augusta.....................................  33[deg]28[m  81[deg]58[m
                                                 in]20[sec]   in]00[sec]
  Chatsworth..................................  34[deg]46[m  84[deg]46[m
                                                 in]08[sec]   in]10[sec]
  Cochran.....................................  32[deg]23[m  83[deg]21[m
                                                 in]18[sec]   in]18[sec]
  Columbus....................................  32[deg]28[m  84[deg]59[m
                                                 in]07[sec]   in]24[sec]
  Dawson......................................  31[deg]46[m  84[deg]26[m
                                                 in]33[sec]   in]20[sec]
  Macon.......................................  32[deg]50[m  83[deg]37[m
                                                 in]12[sec]   in]36[sec]
  Pelham......................................  31[deg]07[m  84[deg]09[m
                                                 in]42[sec]   in]02[sec]
  Savannah....................................  32[deg]04[m  81[deg]05[m
                                                 in]42[sec]   in]37[sec]
  Thomasville.................................  30[deg]50[m  83[deg]58[m
                                                 in]25[sec]   in]59[sec]
  Waycross....................................  31[deg]12[m  82[deg]21[m
                                                 in]19[sec]   in]47[sec]
  Wrens.......................................  33[deg]12[m  82[deg]23[m
                                                 in]21[sec]   in]23[sec]
Guam:
  Agana.......................................  13[deg]28[m  144[deg]45[
                                                 in]23[sec]  min]00[sec]
Hawaii:
  Hilo........................................  19[deg]43[m  155[deg]05[
                                                 in]42[sec]  min]30[sec]
  Honolulu....................................  21[deg]18[m  157[deg]51[
                                                 in]36[sec]  min]48[sec]
  Wailuku.....................................  20[deg]53[m  156[deg]30[
                                                 in]21[sec]  min]27[sec]
Idaho:
  Boise.......................................  43[deg]37[m  116[deg]11[
                                                 in]07[sec]  min]58[sec]
  Idaho Falls.................................  43[deg]29[m  112[deg]02[
                                                 in]39[sec]  min]28[sec]
  Lewiston....................................  46[deg]25[m  117[deg]01[
                                                 in]05[sec]  min]10[sec]
  Moscow......................................  46[deg]43[m  116[deg]59[
                                                 in]58[sec]  min]54[sec]
  Pocatello...................................  42[deg]51[m  112[deg]27[
                                                 in]38[sec]  min]01[sec]
  Twin Falls..................................  42[deg]33[m  114[deg]28[
                                                 in]25[sec]  min]21[sec]
Illinois:
  Aurora......................................  41[deg]45[m  88[deg]18[m
                                                 in]22[sec]   in]56[sec]
  Bloomington.................................  40[deg]28[m  88[deg]59[m
                                                 in]58[sec]   in]32[sec]
  Carbondale..................................  37[deg]43[m  89[deg]13[m
                                                 in]38[sec]   in]00[sec]
  Champaign...................................  40[deg]07[m  88[deg]14[m
                                                 in]05[sec]   in]48[sec]
  Chicago.....................................  41[deg]52[m  87[deg]38[m
                                                 in]28[sec]   in]22[sec]
  Decatur.....................................  39[deg]50[m  88[deg]57[m
                                                 in]37[sec]   in]11[sec]
  Elgin.......................................  42[deg]02[m  88[deg]16[m
                                                 in]14[sec]   in]53[sec]
  Freeport....................................  42[deg]17[m  89[deg]37[m
                                                 in]57[sec]   in]07[sec]
  Harrisburg..................................  37[deg]44[m  88[deg]32[m
                                                 in]20[sec]   in]25[sec]
  Jacksonville................................  39[deg]44[m  90[deg]13[m
                                                 in]03[sec]   in]44[sec]
  Joliet......................................  41[deg]31[m  88[deg]04[m
                                                 in]37[sec]   in]52[sec]
  La Salle....................................  41[deg]19[m  89[deg]05[m
                                                 in]49[sec]   in]44[sec]
  Moline......................................  41[deg]30[m  90[deg]30[m
                                                 in]31[sec]   in]49[sec]
  Mount Vernon................................  38[deg]18[m  88[deg]54[m
                                                 in]29[sec]   in]26[sec]
  Olney.......................................  38[deg]43[m  88[deg]05[m
                                                 in]47[sec]   in]00[sec]
  Peoria......................................  40[deg]41[m  89[deg]35[m
                                                 in]42[sec]   in]33[sec]
  Quincy......................................  39[deg]55[m  91[deg]24[m
                                                 in]59[sec]   in]12[sec]
  Rockford....................................  42[deg]16[m  89[deg]05[m
                                                 in]07[sec]   in]48[sec]
  Rock Island.................................  41[deg]30[m  90[deg]34[m
                                                 in]40[sec]   in]24[sec]
  Springfield.................................  39[deg]47[m  89[deg]38[m
                                                 in]58[sec]   in]51[sec]
  Urbana......................................  40[deg]06[m  88[deg]13[m
                                                 in]41[sec]   in]13[sec]
Indiana:
  Bloomington.................................  39[deg]09[m  86[deg]31[m
                                                 in]56[sec]   in]52[sec]
  Elkhart.....................................  41[deg]40[m  85[deg]58[m
                                                 in]56[sec]   in]15[sec]
  Evansville..................................  37[deg]58[m  87[deg]34[m
                                                 in]20[sec]   in]21[sec]
  Fort Wayne..................................  41[deg]04[m  85[deg]08[m
                                                 in]21[sec]   in]26[sec]
  Gary........................................  41[deg]35[m  87[deg]20[m
                                                 in]59[sec]   in]07[sec]
  Hammond.....................................  41[deg]35[m  87[deg]27[m
                                                 in]13[sec]   in]43[sec]
  Indianapolis................................  39[deg]46[m  86[deg]09[m
                                                 in]07[sec]   in]46[sec]
  Lafayette...................................  40[deg]25[m  86[deg]53[m
                                                 in]11[sec]   in]39[sec]
  Marion......................................  40[deg]33[m  85[deg]39[m
                                                 in]17[sec]   in]49[sec]
  Muncie......................................  40[deg]11[m  85[deg]23[m
                                                 in]28[sec]   in]16[sec]
  Richmond....................................  39[deg]49[m  84[deg]53[m
                                                 in]49[sec]   in]26[sec]
  Roanoke.....................................  40[deg]57[m  85[deg]22[m
                                                 in]50[sec]   in]30[sec]
  St. John....................................  41[deg]27[m  87[deg]28[m
                                                 in]00[sec]   in]13[sec]
  South Bend..................................  41[deg]40[m  86[deg]15[m
                                                 in]33[sec]   in]01[sec]
  Terre Haute.................................  39[deg]28[m  87[deg]24[m
                                                 in]03[sec]   in]26[sec]
  Vincennes...................................  38[deg]40[m  87[deg]31[m
                                                 in]52[sec]   in]12[sec]
Iowa:
  Ames........................................  42[deg]01[m  93[deg]36[m
                                                 in]36[sec]   in]44[sec]
  Cedar Rapids................................  41[deg]58[m  91[deg]39[m
                                                 in]48[sec]   in]48[sec]
  Davenport...................................  41[deg]31[m  90[deg]34[m
                                                 in]24[sec]   in]21[sec]
  Des Moines..................................  41[deg]35[m  93[deg]37[m
                                                 in]14[sec]   in]00[sec]
  Dubuque.....................................  42[deg]29[m  90[deg]40[m
                                                 in]55[sec]   in]08[sec]
  Fort Dodge..................................  42[deg]30[m  94[deg]11[m
                                                 in]12[sec]   in]05[sec]
  Iowa City...................................  41[deg]39[m  91[deg]31[m
                                                 in]37[sec]   in]52[sec]
  Mason City..................................  43[deg]09[m  93[deg]12[m
                                                 in]15[sec]   in]00[sec]
  Sioux City..................................  42[deg]29[m  96[deg]24[m
                                                 in]46[sec]   in]30[sec]
  Waterloo....................................  42[deg]29[m  92[deg]20[m
                                                 in]40[sec]   in]20[sec]
Kansas:
  Ensign......................................  37[deg]38[m  100[deg]14[
                                                 in]48[sec]  min]00[sec]
  Garden City.................................  37[deg]57[m  100[deg]52[
                                                 in]54[sec]  min]20[sec]
  Goodland....................................  39[deg]20[m  101[deg]42[
                                                 in]53[sec]  min]35[sec]
  Great Bend..................................  38[deg]22[m  98[deg]45[m
                                                 in]04[sec]   in]58[sec]
  Hays........................................  38[deg]52[m  99[deg]19[m
                                                 in]16[sec]   in]57[sec]
  Hutchinson..................................  38[deg]03[m  97[deg]55[m
                                                 in]11[sec]   in]20[sec]
  Pittsburg...................................  37[deg]24[m  94[deg]42[m
                                                 in]50[sec]   in]11[sec]
  Salina......................................  38[deg]50[m  97[deg]36[m
                                                 in]36[sec]   in]46[sec]
  Topeka......................................  39[deg]03[m  95[deg]40[m
                                                 in]16[sec]   in]23[sec]
  Wichita.....................................  37[deg]41[m  97[deg]20[m
                                                 in]30[sec]   in]16[sec]
Kentucky:
  Ashland.....................................  38[deg]28[m  82[deg]38[m
                                                 in]36[sec]   in]23[sec]
  Bowling Green...............................  36[deg]59[m  86[deg]26[m
                                                 in]41[sec]   in]33[sec]
  Covington...................................  39[deg]05[m  84[deg]30[m
                                                 in]00[sec]   in]29[sec]
  Elizabethtown...............................  37[deg]41[m  85[deg]51[m
                                                 in]38[sec]   in]35[sec]
  Hazard......................................  37[deg]14[m  83[deg]11[m
                                                 in]54[sec]   in]31[sec]
  Lexington...................................  38[deg]02[m  84[deg]29[m
                                                 in]50[sec]   in]46[sec]
  Louisville..................................  38[deg]14[m  85[deg]45[m
                                                 in]47[sec]   in]49[sec]
  Madisonville................................  37[deg]19[m  87[deg]29[m
                                                 in]45[sec]   in]54[sec]
  Morehead....................................  38[deg]10[m  83[deg]26[m
                                                 in]53[sec]   in]08[sec]
  Murray......................................  36[deg]36[m  88[deg]18[m
                                                 in]35[sec]   in]39[sec]
  Newport.....................................  39[deg]05[m  84[deg]29[m
                                                 in]28[sec]   in]20[sec]
  Owensboro...................................  37[deg]46[m  87[deg]06[m
                                                 in]27[sec]   in]46[sec]
  Owenton.....................................  38[deg]32[m  84[deg]50[m
                                                 in]11[sec]   in]16[sec]
  Paducah.....................................  37[deg]05[m  88[deg]35[m
                                                 in]13[sec]   in]56[sec]

[[Page 559]]

 
  Pikesville..................................  37[deg]28[m  82[deg]31[m
                                                 in]49[sec]   in]09[sec]
  Somerset....................................  37[deg]05[m  84[deg]36[m
                                                 in]35[sec]   in]17[sec]
Louisiana:
  Alexandria..................................  31[deg]18[m  92[deg]26[m
                                                 in]33[sec]   in]47[sec]
  Baton Rouge.................................  30[deg]26[m  91[deg]11[m
                                                 in]58[sec]   in]00[sec]
  Houma.......................................  29[deg]35[m  90[deg]43[m
                                                 in]34[sec]   in]09[sec]
  Lafayette...................................  30[deg]13[m  92[deg]01[m
                                                 in]24[sec]   in]06[sec]
  Lake Charles................................  30[deg]13[m  93[deg]12[m
                                                 in]45[sec]   in]52[sec]
  Monroe......................................  32[deg]30[m  92[deg]06[m
                                                 in]02[sec]   in]55[sec]
  New Orleans.................................  29[deg]56[m  90[deg]04[m
                                                 in]53[sec]   in]10[sec]
  Shreveport..................................  32[deg]30[m  93[deg]44[m
                                                 in]46[sec]   in]58[sec]
  West Monroe.................................  32[deg]30[m  92[deg]08[m
                                                 in]51[sec]   in]13[sec]
Maine:
  Augusta.....................................  44[deg]18[m  69[deg]46[m
                                                 in]53[sec]   in]29[sec]
  Bangor......................................  44[deg]48[m  68[deg]46[m
                                                 in]13[sec]   in]18[sec]
  Calais......................................  45[deg]11[m  67[deg]16[m
                                                 in]04[sec]   in]43[sec]
  Orono.......................................  44[deg]53[m  68[deg]40[m
                                                 in]15[sec]   in]12[sec]
  Poland Spring...............................  44[deg]01[m  70[deg]21[m
                                                 in]42[sec]   in]40[sec]
  Portland....................................  43[deg]39[m  70[deg]15[m
                                                 in]33[sec]   in]19[sec]
  Presque Isle................................  46[deg]40[m  68[deg]00[m
                                                 in]57[sec]   in]52[sec]
Maryland:
  Baltimore...................................  39[deg]17[m  76[deg]36[m
                                                 in]26[sec]   in]45[sec]
  Cumberland..................................  39[deg]39[m  78[deg]45[m
                                                 in]01[sec]   in]45[sec]
  Hagerstown..................................  39[deg]38[m  77[deg]43[m
                                                 in]39[sec]   in]15[sec]
  Salisbury...................................  38[deg]21[m  75[deg]35[m
                                                 in]56[sec]   in]56[sec]
Massachusetts:
  Adams.......................................  42[deg]37[m  73[deg]07[m
                                                 in]30[sec]   in]05[sec]
  Boston......................................  42[deg]21[m  71[deg]03[m
                                                 in]24[sec]   in]25[sec]
  Cambridge...................................  42[deg]21[m  71[deg]06[m
                                                 in]58[sec]   in]24[sec]
  Greenfield..................................  42[deg]35[m  72[deg]35[m
                                                 in]15[sec]   in]54[sec]
  New Bedford.................................  41[deg]38[m  70[deg]55[m
                                                 in]13[sec]   in]41[sec]
  Springfield.................................  42[deg]06[m  72[deg]35[m
                                                 in]21[sec]   in]32[sec]
  Worcester...................................  42[deg]15[m  71[deg]48[m
                                                 in]37[sec]   in]17[sec]
Michigan:
  Allen Park..................................  42[deg]15[m  83[deg]12[m
                                                 in]12[sec]   in]57[sec]
  Battle Creek................................  42[deg]18[m  85[deg]10[m
                                                 in]58[sec]   in]48[sec]
  Bay City....................................  43[deg]36[m  83[deg]53[m
                                                 in]04[sec]   in]15[sec]
  Cadillac....................................  44[deg]15[m  85[deg]23[m
                                                 in]10[sec]   in]52[sec]
  Cheboygan...................................  45[deg]38[m  84[deg]28[m
                                                 in]38[sec]   in]38[sec]
  Detroit.....................................  42[deg]19[m  83[deg]02[m
                                                 in]48[sec]   in]57[sec]
  Escanaba....................................  45[deg]44[m  87[deg]03[m
                                                 in]45[sec]   in]18[sec]
  Flint.......................................  43[deg]00[m  83[deg]41[m
                                                 in]50[sec]   in]33[sec]
  Grand Rapids................................  42[deg]58[m  85[deg]40[m
                                                 in]03[sec]   in]13[sec]
  Jackson.....................................  42[deg]14[m  84[deg]24[m
                                                 in]43[sec]   in]22[sec]
  Kalamazoo...................................  42[deg]17[m  85[deg]35[m
                                                 in]29[sec]   in]14[sec]
  Lansing.....................................  42[deg]44[m  84[deg]33[m
                                                 in]01[sec]   in]15[sec]
  Marquette...................................  46[deg]32[m  87[deg]23[m
                                                 in]37[sec]   in]43[sec]
  Mount Pleasant..............................  43[deg]16[m  84[deg]46[m
                                                 in]12[sec]   in]31[sec]
  Muskegon....................................  43[deg]14[m  86[deg]15[m
                                                 in]17[sec]   in]02[sec]
  Onondaga....................................  42[deg]26[m  84[deg]33[m
                                                 in]41[sec]   in]43[sec]
  Saginaw.....................................  43[deg]25[m  83[deg]56[m
                                                 in]52[sec]   in]05[sec]
  Sault Ste. Marie............................  46[deg]29[m  84[deg]20[m
                                                 in]58[sec]   in]37[sec]
  Traverse City...............................  44[deg]45[m  85[deg]37[m
                                                 in]47[sec]   in]25[sec]
  University Center...........................  43[deg]33[m  83[deg]59[m
                                                 in]31[sec]   in]09[sec]
Minnesota:
  Alexandria..................................  45[deg]53[m  95[deg]22[m
                                                 in]06[sec]   in]39[sec]
  Appleton....................................  45[deg]12[m  96[deg]01[m
                                                 in]00[sec]   in]02[sec]
  Austin......................................  43[deg]39[m  92[deg]58[m
                                                 in]57[sec]   in]20[sec]
  Duluth......................................  46[deg]46[m  92[deg]06[m
                                                 in]56[sec]   in]24[sec]
  Hibbing.....................................  47[deg]25[m  92[deg]56[m
                                                 in]43[sec]   in]21[sec]
  Mankato.....................................  44[deg]09[m  94[deg]00[m
                                                 in]49[sec]   in]09[sec]
  Minneapolis.................................  44[deg]58[m  93[deg]15[m
                                                 in]57[sec]   in]43[sec]
  Rochester...................................  44[deg]01[m  92[deg]28[m
                                                 in]21[sec]   in]03[sec]
  St. Cloud...................................  45[deg]33[m  94[deg]09[m
                                                 in]35[sec]   in]38[sec]
  St. Paul....................................  44[deg]56[m  93[deg]05[m
                                                 in]50[sec]   in]11[sec]
  Walker......................................  47[deg]05[m  94[deg]35[m
                                                 in]57[sec]   in]12[sec]
Mississippi:
  Biloxi......................................  30[deg]23[m  88[deg]53[m
                                                 in]43[sec]   in]08[sec]
  Bude........................................  31[deg]27[m  90[deg]50[m
                                                 in]46[sec]   in]34[sec]
  Columbus....................................  33[deg]29[m  88[deg]25[m
                                                 in]40[sec]   in]33[sec]
  Greenwood...................................  33[deg]31[m  90[deg]10[m
                                                 in]05[sec]   in]55[sec]
  Gulfport....................................  30[deg]22[m  89[deg]05[m
                                                 in]04[sec]   in]36[sec]
  Jackson.....................................  32[deg]17[m  90[deg]11[m
                                                 in]56[sec]   in]06[sec]
  Laurel......................................  31[deg]41[m  89[deg]07[m
                                                 in]40[sec]   in]48[sec]
  Meridian....................................  32[deg]21[m  88[deg]42[m
                                                 in]57[sec]   in]02[sec]
  Oxford......................................  34[deg]22[m  89[deg]31[m
                                                 in]00[sec]   in]07[sec]
  State College...............................  33[deg]27[m  88[deg]47[m
                                                 in]18[sec]   in]13[sec]
  Tupelo......................................  34[deg]15[m  88[deg]42[m
                                                 in]26[sec]   in]30[sec]
Missouri:
  Cape Girardeau..............................  37[deg]18[m  89[deg]31[m
                                                 in]29[sec]   in]29[sec]
  Columbia....................................  38[deg]57[m  92[deg]19[m
                                                 in]03[sec]   in]46[sec]
  Hannibal....................................  39[deg]42[m  91[deg]22[m
                                                 in]24[sec]   in]45[sec]
  Jefferson City..............................  38[deg]34[m  92[deg]10[m
                                                 in]40[sec]   in]24[sec]
  Joplin......................................  37[deg]05[m  94[deg]30[m
                                                 in]26[sec]   in]50[sec]
  Kansas City.................................  39[deg]04[m  94[deg]35[m
                                                 in]56[sec]   in]20[sec]
  Kirksville..................................  40[deg]11[m  92[deg]34[m
                                                 in]37[sec]   in]58[sec]
  Poplar Bluff................................  36[deg]45[m  90[deg]23[m
                                                 in]20[sec]   in]38[sec]
  St. Joseph..................................  39[deg]45[m  94[deg]51[m
                                                 in]57[sec]   in]02[sec]
  St. Louis...................................  38[deg]37[m  90[deg]12[m
                                                 in]45[sec]   in]22[sec]
  Sedalia.....................................  38[deg]42[m  93[deg]13[m
                                                 in]08[sec]   in]26[sec]
  Springfield.................................  37[deg]13[m  93[deg]17[m
                                                 in]03[sec]   in]32[sec]
Montana:
  Anaconda....................................  46[deg]07[m  112[deg]57[
                                                 in]40[sec]  min]12[sec]
  Billings....................................  45[deg]47[m  108[deg]30[
                                                 in]00[sec]  min]04[sec]
  Butte.......................................  46[deg]01[m  112[deg]32[
                                                 in]06[sec]  min]11[sec]
  Glendive....................................  47[deg]06[m  104[deg]43[
                                                 in]42[sec]  min]02[sec]
  Great Falls.................................  47[deg]29[m  111[deg]18[
                                                 in]33[sec]  min]23[sec]
  Helena......................................  46[deg]35[m  112[deg]02[
                                                 in]33[sec]  min]24[sec]
  Kalispell...................................  48[deg]11[m  114[deg]18[
                                                 in]45[sec]  min]44[sec]
  Miles City..................................  46[deg]24[m  105[deg]50[
                                                 in]34[sec]  min]30[sec]
  Missoula....................................  46[deg]52[m  113[deg]59[
                                                 in]23[sec]  min]29[sec]
Nebraska:
  Albion......................................  41[deg]41[m  97[deg]59[m
                                                 in]23[sec]   in]53[sec]
  Alliance....................................  42[deg]06[m  102[deg]52[
                                                 in]04[sec]  min]08[sec]
  Bassett.....................................  42[deg]35[m  99[deg]32[m
                                                 in]00[sec]   in]10[sec]
  Grand Island................................  40[deg]55[m  98[deg]20[m
                                                 in]33[sec]   in]23[sec]
  Hastings....................................  40[deg]35[m  98[deg]23[m
                                                 in]21[sec]   in]20[sec]
  Hayes Center................................  40[deg]30[m  101[deg]01[
                                                 in]36[sec]  min]18[sec]
  Hay Springs.................................  42[deg]41[m  102[deg]41[
                                                 in]03[sec]  min]22[sec]
  Kearney.....................................  40[deg]41[m  99[deg]04[m
                                                 in]58[sec]   in]53[sec]
  Lexington...................................  40[deg]46[m  99[deg]44[m
                                                 in]30[sec]   in]41[sec]
  Lincoln.....................................  40[deg]48[m  96[deg]42[m
                                                 in]59[sec]   in]15[sec]
  McCook......................................  40[deg]12[m  100[deg]37[
                                                 in]02[sec]  min]32[sec]
  Merriman....................................  42[deg]55[m  101[deg]42[
                                                 in]07[sec]  min]02[sec]
  Norfolk.....................................  42[deg]01[m  97[deg]24[m
                                                 in]56[sec]   in]42[sec]
  North Platte................................  41[deg]08[m  100[deg]45[
                                                 in]14[sec]  min]43[sec]
  Omaha.......................................  41[deg]15[m  95[deg]56[m
                                                 in]42[sec]   in]14[sec]
  Scottsbluff.................................  41[deg]51[m  103[deg]39[
                                                 in]40[sec]  min]00[sec]
  Superior....................................  40[deg]01[m  98[deg]04[m
                                                 in]12[sec]   in]00[sec]
Nevada:
  Elko........................................  40[deg]50[m  115[deg]45[
                                                 in]00[sec]  min]41[sec]
  Henderson...................................  36[deg]02[m  114[deg]58[
                                                 in]00[sec]  min]57[sec]
  Las Vegas...................................  36[deg]10[m  115[deg]08[
                                                 in]20[sec]  min]37[sec]
  Reno........................................  39[deg]31[m  119[deg]48[
                                                 in]27[sec]  min]40[sec]
New Hampshire:
  Berlin......................................  44[deg]28[m  71[deg]10[m
                                                 in]20[sec]   in]43[sec]
  Durham......................................  43[deg]08[m  70[deg]55[m
                                                 in]02[sec]   in]35[sec]
  Hanover.....................................  43[deg]42[m  72[deg]17[m
                                                 in]03[sec]   in]24[sec]
  Keene.......................................  42[deg]56[m  72[deg]16[m
                                                 in]02[sec]   in]44[sec]
  Lebanon.....................................  43[deg]38[m  72[deg]15[m
                                                 in]34[sec]   in]12[sec]
  Littleton...................................  44[deg]18[m  71[deg]46[m
                                                 in]22[sec]   in]13[sec]
  Manchester..................................  42[deg]59[m  71[deg]27[m
                                                 in]28[sec]   in]41[sec]
New Jersey:
  Atlantic City...............................  39[deg]21[m  74[deg]25[m
                                                 in]32[sec]   in]53[sec]
  Burlington..................................  40[deg]04[m  74[deg]51[m
                                                 in]21[sec]   in]47[sec]
  Camden......................................  39[deg]56[m  75[deg]07[m
                                                 in]45[sec]   in]20[sec]
  Glen Ridge..................................  40[deg]48[m  74[deg]12[m
                                                 in]16[sec]   in]14[sec]
  Linden......................................  40[deg]37[m  74[deg]15[m
                                                 in]57[sec]   in]22[sec]
  Newark......................................  40[deg]44[m  74[deg]10[m
                                                 in]14[sec]   in]19[sec]
  New Brunswick...............................  40[deg]29[m  74[deg]26[m
                                                 in]38[sec]   in]49[sec]
  Paterson....................................  40[deg]54[m  74[deg]09[m
                                                 in]51[sec]   in]51[sec]
  Trenton.....................................  40[deg]13[m  74[deg]45[m
                                                 in]16[sec]   in]28[sec]
  Vineland....................................  39[deg]29[m  75[deg]01[m
                                                 in]13[sec]   in]17[sec]
  Wildwood....................................  38[deg]59[m  74[deg]48[m
                                                 in]18[sec]   in]43[sec]
New Mexico:
  Albuquerque.................................  35[deg]05[m  106[deg]39[
                                                 in]01[sec]  min]05[sec]
  Carlsbad....................................  32[deg]25[m  104[deg]13[
                                                 in]09[sec]  min]47[sec]
  Clovis......................................  34[deg]24[m  103[deg]12[
                                                 in]11[sec]  min]08[sec]

[[Page 560]]

 
  Portales....................................  34[deg]10[m  103[deg]20[
                                                 in]58[sec]  min]10[sec]
  Roswell.....................................  33[deg]23[m  104[deg]31[
                                                 in]47[sec]  min]26[sec]
New York:
  Albany......................................  42[deg]39[m  73[deg]45[m
                                                 in]01[sec]   in]01[sec]
  Binghamton..................................  42[deg]06[m  75[deg]54[m
                                                 in]03[sec]   in]47[sec]
  Buffalo.....................................  42[deg]52[m  78[deg]52[m
                                                 in]52[sec]   in]21[sec]
  Carthage....................................  43[deg]58[m  75[deg]36[m
                                                 in]50[sec]   in]26[sec]
  Elmira......................................  42[deg]05[m  76[deg]48[m
                                                 in]26[sec]   in]22[sec]
  Garden City.................................  40[deg]43[m  73[deg]38[m
                                                 in]26[sec]   in]03[sec]
  Ithaca......................................  42[deg]26[m  76[deg]29[m
                                                 in]33[sec]   in]42[sec]
  Jamestown...................................  42[deg]05[m  79[deg]14[m
                                                 in]45[sec]   in]40[sec]
  New York....................................  40[deg]45[m  73[deg]59[m
                                                 in]06[sec]   in]39[sec]
  North Pole..................................  44[deg]23[m  73[deg]51[m
                                                 in]59[sec]   in]00[sec]
  Norwood.....................................  44[deg]45[m  75[deg]59[m
                                                 in]00[sec]   in]39[sec]
  Oneonta.....................................  42[deg]27[m  75[deg]03[m
                                                 in]21[sec]   in]42[sec]
  Patchogue...................................  40[deg]45[m  73[deg]00[m
                                                 in]56[sec]   in]42[sec]
  Plattsburgh.................................  44[deg]42[m  73[deg]27[m
                                                 in]03[sec]   in]07[sec]
  Riverhead...................................  40[deg]55[m  72[deg]39[m
                                                 in]06[sec]   in]51[sec]
  Rochester...................................  43[deg]09[m  77[deg]36[m
                                                 in]41[sec]   in]21[sec]
  Schenectady.................................  42[deg]48[m  73[deg]56[m
                                                 in]52[sec]   in]24[sec]
  Syracuse....................................  43[deg]03[m  76[deg]09[m
                                                 in]04[sec]   in]14[sec]
  Utica.......................................  43[deg]06[m  75[deg]13[m
                                                 in]12[sec]   in]33[sec]
  Watertown...................................  43[deg]58[m  75[deg]54[m
                                                 in]30[sec]   in]48[sec]
North Carolina:
  Asheville...................................  35[deg]35[m  82[deg]33[m
                                                 in]42[sec]   in]26[sec]
  Chapel Hill.................................  35[deg]54[m  79[deg]03[m
                                                 in]51[sec]   in]11[sec]
  Charlotte...................................  35[deg]13[m  80[deg]50[m
                                                 in]44[sec]   in]45[sec]
  Columbia....................................  35[deg]55[m  76[deg]15[m
                                                 in]06[sec]   in]04[sec]
  Concord.....................................  35[deg]24[m  80[deg]34[m
                                                 in]29[sec]   in]45[sec]
  Durham......................................  35[deg]59[m  78[deg]54[m
                                                 in]48[sec]   in]00[sec]
  Fayetteville................................  35[deg]03[m  78[deg]52[m
                                                 in]12[sec]   in]54[sec]
  Greensboro..................................  36[deg]04[m  79[deg]47[m
                                                 in]17[sec]   in]25[sec]
  Greenville..................................  35[deg]36[m  77[deg]22[m
                                                 in]49[sec]   in]22[sec]
  Hickory.....................................  35[deg]43[m  81[deg]20[m
                                                 in]54[sec]   in]20[sec]
  High Point..................................  35[deg]57[m  80[deg]00[m
                                                 in]14[sec]   in]15[sec]
  Jacksonville................................  34[deg]45[m  77[deg]25[m
                                                 in]00[sec]   in]54[sec]
  Linville....................................  36[deg]04[m  81[deg]52[m
                                                 in]06[sec]   in]16[sec]
  New Bern....................................  35[deg]06[m  77[deg]02[m
                                                 in]33[sec]   in]23[sec]
  Raleigh.....................................  35[deg]46[m  78[deg]38[m
                                                 in]38[sec]   in]21[sec]
  Washington..................................  35[deg]32[m  77[deg]03[m
                                                 in]35[sec]   in]16[sec]
  Wilmington..................................  34[deg]14[m  77[deg]56[m
                                                 in]14[sec]   in]58[sec]
  Winston-Salem...............................  36[deg]05[m  80[deg]14[m
                                                 in]52[sec]   in]42[sec]
North Dakota:
  Bismark.....................................  46[deg]48[m  100[deg]47[
                                                 in]23[sec]  min]17[sec]
  Devils Lake.................................  48[deg]06[m  98[deg]51[m
                                                 in]42[sec]   in]29[sec]
  Dickinson...................................  46[deg]52[m  102[deg]47[
                                                 in]55[sec]  min]06[sec]
  Fargo.......................................  46[deg]52[m  96[deg]47[m
                                                 in]30[sec]   in]18[sec]
  Minot.......................................  48[deg]14[m  101[deg]17[
                                                 in]09[sec]  min]38[sec]
  Pembina.....................................  48[deg]58[m  97[deg]14[m
                                                 in]00[sec]   in]37[sec]
  Valley City.................................  46[deg]55[m  98[deg]00[m
                                                 in]31[sec]   in]04[sec]
  Williston...................................  48[deg]08[m  103[deg]36[
                                                 in]47[sec]  min]59[sec]
Ohio:
  Akron.......................................  41[deg]05[m  81[deg]30[m
                                                 in]00[sec]   in]44[sec]
  Athens......................................  39[deg]19[m  82[deg]06[m
                                                 in]38[sec]   in]09[sec]
  Bowling Green...............................  41[deg]22[m  83[deg]39[m
                                                 in]37[sec]   in]03[sec]
  Canton......................................  40[deg]47[m  81[deg]22[m
                                                 in]50[sec]   in]37[sec]
  Cincinnati..................................  39[deg]06[m  84[deg]30[m
                                                 in]07[sec]   in]35[sec]
  Cleveland...................................  41[deg]29[m  81[deg]41[m
                                                 in]51[sec]   in]50[sec]
  Columbus....................................  39[deg]57[m  83[deg]00[m
                                                 in]47[sec]   in]17[sec]
  Dayton......................................  39[deg]45[m  84[deg]11[m
                                                 in]32[sec]   in]43[sec]
  Kettering...................................  39[deg]41[m  84[deg]10[m
                                                 in]22[sec]   in]07[sec]
  Lima........................................  40[deg]44[m  84[deg]06[m
                                                 in]29[sec]   in]34[sec]
  Lorain......................................  41[deg]27[m  82[deg]10[m
                                                 in]48[sec]   in]23[sec]
  Marion......................................  40[deg]35[m  83[deg]07[m
                                                 in]14[sec]   in]36[sec]
  Newark......................................  40[deg]03[m  82[deg]24[m
                                                 in]35[sec]   in]15[sec]
  Oxford......................................  39[deg]30[m  84[deg]44[m
                                                 in]28[sec]   in]26[sec]
  Portsmouth..................................  38[deg]44[m  82[deg]59[m
                                                 in]06[sec]   in]39[sec]
  Springfield.................................  39[deg]55[m  83[deg]48[m
                                                 in]38[sec]   in]29[sec]
  Steubenville................................  40[deg]21[m  80[deg]36[m
                                                 in]42[sec]   in]53[sec]
  Toledo......................................  41[deg]39[m  83[deg]32[m
                                                 in]14[sec]   in]39[sec]
  Youngstown..................................  41[deg]05[m  80[deg]39[m
                                                 in]57[sec]   in]02[sec]
  Zanesville..................................  39[deg]56[m  82[deg]00[m
                                                 in]59[sec]   in]56[sec]
Oklahoma:
  Ada.........................................  34[deg]46[m  96[deg]40[m
                                                 in]24[sec]   in]36[sec]
  Ardmore.....................................  34[deg]10[m  97[deg]07[m
                                                 in]18[sec]   in]50[sec]
  Lawton......................................  34[deg]36[m  98[deg]23[m
                                                 in]27[sec]   in]41[sec]
  Oklahoma City...............................  35[deg]28[m  97[deg]31[m
                                                 in]26[sec]   in]04[sec]
  Sayre.......................................  35[deg]17[m  99[deg]38[m
                                                 in]34[sec]   in]23[sec]
  Tulsa.......................................  36[deg]09[m  95[deg]59[m
                                                 in]12[sec]   in]34[sec]
Oregon:
  Coos Bay....................................  43[deg]22[m  124[deg]13[
                                                 in]02[sec]  min]09[sec]
  Corvallis...................................  44[deg]34[m  123[deg]16[
                                                 in]10[sec]  min]12[sec]
  Eugene......................................  44[deg]03[m  123[deg]05[
                                                 in]16[sec]  min]30[sec]
  Klamath Falls...............................  42[deg]13[m  121[deg]46[
                                                 in]32[sec]  min]32[sec]
  La Grande...................................  45[deg]19[m  118[deg]05[
                                                 in]47[sec]  min]45[sec]
  Medford.....................................  42[deg]19[m  122[deg]52[
                                                 in]33[sec]  min]31[sec]
  Portland....................................  45[deg]31[m  122[deg]40[
                                                 in]06[sec]  min]35[sec]
  Roseburg....................................  43[deg]12[m  123[deg]20[
                                                 in]34[sec]  min]26[sec]
  Salem.......................................  44[deg]56[m  123[deg]01[
                                                 in]21[sec]  min]59[sec]
Pennsylvania:
  Allentown...................................  40[deg]36[m  75[deg]28[m
                                                 in]11[sec]   in]06[sec]
  Altoona.....................................  40[deg]30[m  78[deg]24[m
                                                 in]55[sec]   in]03[sec]
  Bethlehem...................................  40[deg]37[m  75[deg]21[m
                                                 in]57[sec]   in]36[sec]
  Clearfield..................................  41[deg]01[m  78[deg]26[m
                                                 in]20[sec]   in]10[sec]
  Erie........................................  42[deg]07[m  80[deg]04[m
                                                 in]15[sec]   in]57[sec]
  Harrisburg..................................  40[deg]15[m  76[deg]52[m
                                                 in]43[sec]   in]59[sec]
  Hershey.....................................  40[deg]17[m  76[deg]39[m
                                                 in]04[sec]   in]01[sec]
  Johnstown...................................  40[deg]19[m  78[deg]55[m
                                                 in]35[sec]   in]03[sec]
  Lancaster...................................  40[deg]02[m  76[deg]18[m
                                                 in]25[sec]   in]29[sec]
  Philadelphia................................  39[deg]56[m  75[deg]09[m
                                                 in]58[sec]   in]21[sec]
  Pittsburgh..................................  40[deg]26[m  80[deg]00[m
                                                 in]19[sec]   in]00[sec]
  Reading.....................................  40[deg]20[m  75[deg]55[m
                                                 in]09[sec]   in]40[sec]
  Scranton....................................  41[deg]24[m  75[deg]39[m
                                                 in]32[sec]   in]46[sec]
  Wilkes-Barre................................  41[deg]14[m  75[deg]53[m
                                                 in]32[sec]   in]17[sec]
  York........................................  39[deg]57[m  76[deg]43[m
                                                 in]35[sec]   in]36[sec]
Puerto Rico:
  Aguadilla...................................  18[deg]25[m  67[deg]09[m
                                                 in]53[sec]   in]18[sec]
  Arecibo.....................................  18[deg]28[m  66[deg]43[m
                                                 in]26[sec]   in]39[sec]
  Caguas......................................  18[deg]13[m  66[deg]02[m
                                                 in]59[sec]   in]06[sec]
  Fajardo.....................................  18[deg]19[m  65[deg]39[m
                                                 in]35[sec]   in]21[sec]
  Mayaguez....................................  18[deg]12[m  67[deg]08[m
                                                 in]16[sec]   in]36[sec]
  Ponce.......................................  18[deg]00[m  66[deg]36[m
                                                 in]51[sec]   in]58[sec]
  San Juan....................................  18[deg]26[m  66[deg]03[m
                                                 in]55[sec]   in]55[sec]
Rhode Island:
  Providence..................................  41[deg]49[m  71[deg]24[m
                                                 in]32[sec]   in]41[sec]
South Carolina:
  Allendale...................................  33[deg]00[m  81[deg]18[m
                                                 in]30[sec]   in]26[sec]
  Anderson....................................  34[deg]30[m  82[deg]38[m
                                                 in]06[sec]   in]54[sec]
  Charleston..................................  32[deg]46[m  79[deg]55[m
                                                 in]35[sec]   in]53[sec]
  Columbia....................................  34[deg]00[m  81[deg]02[m
                                                 in]02[sec]   in]00[sec]
  Florence....................................  34[deg]11[m  79[deg]46[m
                                                 in]49[sec]   in]06[sec]
  Greenville..................................  34[deg]50[m  82[deg]24[m
                                                 in]50[sec]   in]01[sec]
  Spartanburg.................................  34[deg]57[m  81[deg]56[m
                                                 in]03[sec]   in]06[sec]
South Dakota:
  Aberdeen....................................  45[deg]27[m  98[deg]29[m
                                                 in]31[sec]   in]03[sec]
  Brookings...................................  44[deg]18[m  96[deg]47[m
                                                 in]38[sec]   in]53[sec]
  Florence....................................  45[deg]03[m  97[deg]19[m
                                                 in]14[sec]   in]35[sec]
  Lead........................................  44[deg]21[m  103[deg]46[
                                                 in]07[sec]  min]03[sec]
  Mitchell....................................  43[deg]42[m  98[deg]01[m
                                                 in]48[sec]   in]36[sec]
  Pierre......................................  44[deg]22[m  100[deg]20[
                                                 in]06[sec]  min]57[sec]
  Rapid City..................................  44[deg]04[m  103[deg]13[
                                                 in]52[sec]  min]11[sec]
  Reliance....................................  43[deg]52[m  99[deg]36[m
                                                 in]45[sec]   in]18[sec]
  Sioux Falls.................................  43[deg]32[m  96[deg]43[m
                                                 in]35[sec]   in]35[sec]
  Vermillion..................................  42[deg]46[m  96[deg]55[m
                                                 in]52[sec]   in]35[sec]
Tennessee:
  Chattanooga.................................  35[deg]02[m  85[deg]18[m
                                                 in]41[sec]   in]32[sec]
  Jackson.....................................  35[deg]36[m  88[deg]49[m
                                                 in]48[sec]   in]15[sec]
  Johnson City................................  36[deg]19[m  82[deg]20[m
                                                 in]04[sec]   in]56[sec]
  Kingsport...................................  36[deg]32[m  82[deg]33[m
                                                 in]57[sec]   in]44[sec]
  Knoxville...................................  35[deg]57[m  83[deg]55[m
                                                 in]39[sec]   in]07[sec]
  Lexington...................................  35[deg]38[m  88[deg]23[m
                                                 in]58[sec]   in]31[sec]
  Memphis.....................................  35[deg]08[m  90[deg]03[m
                                                 in]46[sec]   in]13[sec]
  Nashville...................................  36[deg]09[m  86[deg]46[m
                                                 in]33[sec]   in]55[sec]
  Sneedville..................................  36[deg]31[m  83[deg]13[m
                                                 in]46[sec]   in]04[sec]
Texas:
  Abilene.....................................  32[deg]27[m  99[deg]43[m
                                                 in]05[sec]   in]51[sec]
  Amarillo....................................  35[deg]12[m  101[deg]50[
                                                 in]27[sec]  min]04[sec]
  Austin......................................  30[deg]16[m  97[deg]44[m
                                                 in]09[sec]   in]37[sec]

[[Page 561]]

 
  Beaumont....................................  30[deg]05[m  94[deg]06[m
                                                 in]20[sec]   in]09[sec]
  Belton......................................  31[deg]03[m  97[deg]27[m
                                                 in]31[sec]   in]39[sec]
  Big Spring..................................  32[deg]15[m  101[deg]28[
                                                 in]03[sec]  min]38[sec]
  Bryan.......................................  30[deg]38[m  96[deg]21[m
                                                 in]48[sec]   in]31[sec]
  College Station.............................  30[deg]37[m  96[deg]20[m
                                                 in]05[sec]   in]41[sec]
  Corpus Christi..............................  27[deg]47[m  97[deg]23[m
                                                 in]51[sec]   in]45[sec]
  Dallas......................................  32[deg]47[m  96[deg]47[m
                                                 in]09[sec]   in]37[sec]
  El Paso.....................................  31[deg]45[m  106[deg]29[
                                                 in]36[sec]  min]11[sec]
  Fort Worth..................................  32[deg]44[m  97[deg]19[m
                                                 in]55[sec]   in]44[sec]
  Galveston...................................  29[deg]18[m  94[deg]47[m
                                                 in]10[sec]   in]43[sec]
  Harlingen...................................  26[deg]11[m  97[deg]41[m
                                                 in]29[sec]   in]35[sec]
  Houston.....................................  29[deg]45[m  95[deg]21[m
                                                 in]26[sec]   in]37[sec]
  Laredo......................................  27[deg]30[m  99[deg]30[m
                                                 in]22[sec]   in]30[sec]
  Longview....................................  32[deg]28[m  94[deg]43[m
                                                 in]24[sec]   in]45[sec]
  Lubbock.....................................  33[deg]35[m  101[deg]50[
                                                 in]05[sec]  min]33[sec]
  Lufkin......................................  31[deg]20[m  94[deg]43[m
                                                 in]14[sec]   in]21[sec]
  Midland.....................................  31[deg]59[m  102[deg]04[
                                                 in]54[sec]  min]31[sec]
  Monahans....................................  31[deg]35[m  102[deg]53[
                                                 in]16[sec]  min]26[sec]
  Nacogdoches.................................  31[deg]36[m  94[deg]39[m
                                                 in]13[sec]   in]20[sec]
  Odessa......................................  31[deg]50[m  102[deg]22[
                                                 in]49[sec]  min]01[sec]
  Port Arthur.................................  29[deg]52[m  93[deg]56[m
                                                 in]09[sec]   in]01[sec]
  Richardson..................................  32[deg]57[m  96[deg]44[m
                                                 in]06[sec]   in]05[sec]
  Rosenberg...................................  29[deg]33[m  95[deg]48[m
                                                 in]30[sec]   in]15[sec]
  San Angelo..................................  31[deg]27[m  100[deg]26[
                                                 in]39[sec]  min]03[sec]
  San Antonio.................................  29[deg]25[m  98[deg]29[m
                                                 in]37[sec]   in]06[sec]
  Sweetwater..................................  32[deg]28[m  100[deg]24[
                                                 in]24[sec]  min]18[sec]
  Temple......................................  31[deg]06[m  97[deg]20[m
                                                 in]02[sec]   in]22[sec]
  Texarkana...................................  33[deg]25[m  94[deg]02[m
                                                 in]29[sec]   in]34[sec]
  Tyler.......................................  32[deg]21[m  95[deg]17[m
                                                 in]21[sec]   in]52[sec]
  Victoria....................................  28[deg]48[m  97[deg]00[m
                                                 in]01[sec]   in]06[sec]
  Waco........................................  31[deg]33[m  97[deg]08[m
                                                 in]12[sec]   in]00[sec]
  Weslaco.....................................  26[deg]09[m  97[deg]59[m
                                                 in]24[sec]   in]33[sec]
  Wichita Falls...............................  33[deg]54[m  98[deg]29[m
                                                 in]34[sec]   in]28[sec]
Utah:
  Logan.......................................  41[deg]44[m  111[deg]50[
                                                 in]03[sec]  min]11[sec]
  Ogden.......................................  41[deg]13[m  111[deg]58[
                                                 in]31[sec]  min]21[sec]
  Provo.......................................  40[deg]14[m  111[deg]39[
                                                 in]07[sec]  min]34[sec]
  Salt Lake City..............................  40[deg]45[m  111[deg]53[
                                                 in]23[sec]  min]26[sec]
Vermont:
  Burlington..................................  44[deg]28[m  73[deg]12[m
                                                 in]34[sec]   in]46[sec]
  Rutland.....................................  43[deg]36[m  72[deg]58[m
                                                 in]29[sec]   in]56[sec]
  St. Johnsbury...............................  44[deg]25[m  72[deg]01[m
                                                 in]16[sec]   in]13[sec]
  Windsor.....................................  43[deg]28[m  72[deg]23[m
                                                 in]38[sec]   in]32[sec]
Virginia:
  Bristol.....................................  36[deg]35[m  82[deg]11[m
                                                 in]48[sec]   in]04[sec]
  Charlottesville.............................  38[deg]01[m  78[deg]28[m
                                                 in]52[sec]   in]50[sec]
  Goldvein....................................  38[deg]26[m  77[deg]39[m
                                                 in]54[sec]   in]19[sec]
  Hampton.....................................  37[deg]01[m  76[deg]20[m
                                                 in]32[sec]   in]32[sec]
  Harrisonburg................................  38[deg]27[m  78[deg]52[m
                                                 in]01[sec]   in]07[sec]
  Lynchburg...................................  37[deg]24[m  79[deg]08[m
                                                 in]51[sec]   in]37[sec]
  Norfolk.....................................  36[deg]51[m  76[deg]17[m
                                                 in]10[sec]   in]21[sec]
  Norton......................................  36[deg]56[m  82[deg]37[m
                                                 in]05[sec]   in]31[sec]
  Petersburg..................................  37[deg]13[m  77[deg]24[m
                                                 in]40[sec]   in]15[sec]
  Portsmouth..................................  36[deg]50[m  76[deg]17[m
                                                 in]12[sec]   in]54[sec]
  Richmond....................................  37[deg]32[m  77[deg]26[m
                                                 in]15[sec]   in]09[sec]
  Roanoke.....................................  37[deg]16[m  79[deg]56[m
                                                 in]13[sec]   in]44[sec]
  Staunton....................................  38[deg]09[m  79[deg]04[m
                                                 in]02[sec]   in]34[sec]
Virgin Islands:
  Charlotte Amalie............................  18[deg]20[m  64[deg]55[m
                                                 in]36[sec]   in]53[sec]
  Christiansted...............................  17[deg]44[m  64[deg]42[m
                                                 in]44[sec]   in]21[sec]
Washington:
  Bellingham..................................  48[deg]45[m  122[deg]28[
                                                 in]02[sec]  min]36[sec]
  Kennewick...................................  46[deg]12[m  119[deg]08[
                                                 in]28[sec]  min]32[sec]
  Lakewood Center.............................  47[deg]07[m  122[deg]31[
                                                 in]37[sec]  min]15[sec]
  Pasco.......................................  46[deg]13[m  119[deg]05[
                                                 in]50[sec]  min]27[sec]
  Pullman.....................................  46[deg]43[m  117[deg]10[
                                                 in]42[sec]  min]46[sec]
  Richland....................................  46[deg]16[m  119[deg]16[
                                                 in]36[sec]  min]21[sec]
  Seattle.....................................  47[deg]36[m  122[deg]20[
                                                 in]32[sec]  min]12[sec]
  Spokane.....................................  47[deg]39[m  117[deg]25[
                                                 in]32[sec]  min]33[sec]
  Tacoma......................................  47[deg]14[m  122[deg]26[
                                                 in]59[sec]  min]15[sec]
  Yakima......................................  46[deg]36[m  120[deg]30[
                                                 in]09[sec]  min]39[sec]
West Virginia:
  Bluefield...................................  37[deg]15[m  81[deg]13[m
                                                 in]29[sec]   in]20[sec]
  Charleston..................................  38[deg]21[m  81[deg]37[m
                                                 in]01[sec]   in]52[sec]
  Clarksburg..................................  39[deg]16[m  80[deg]20[m
                                                 in]50[sec]   in]38[sec]
  Grandview...................................  37[deg]49[m  81[deg]04[m
                                                 in]28[sec]   in]20[sec]
  Huntington..................................  38[deg]25[m  82[deg]26[m
                                                 in]12[sec]   in]33[sec]
  Morgantown..................................  39[deg]37[m  79[deg]57[m
                                                 in]41[sec]   in]28[sec]
  Oak Hill....................................  37[deg]58[m  81[deg]08[m
                                                 in]31[sec]   in]45[sec]
  Parkersburg.................................  39[deg]15[m  81[deg]33[m
                                                 in]57[sec]   in]46[sec]
  Weston......................................  39[deg]02[m  80[deg]28[m
                                                 in]19[sec]   in]05[sec]
  Wheeling....................................  40[deg]04[m  80[deg]43[m
                                                 in]03[sec]   in]20[sec]
Wisconsin:
  Eau Claire..................................  44[deg]48[m  91[deg]29[m
                                                 in]31[sec]   in]49[sec]
  Fond Du Lac.................................  43[deg]46[m  88[deg]26[m
                                                 in]35[sec]   in]52[sec]
  Green Bay...................................  44[deg]30[m  88[deg]00[m
                                                 in]48[sec]   in]50[sec]
  Janesville..................................  42[deg]40[m  89[deg]01[m
                                                 in]52[sec]   in]39[sec]
  Kenosha.....................................  42[deg]35[m  87[deg]49[m
                                                 in]04[sec]   in]14[sec]
  La Crosse...................................  43[deg]48[m  91[deg]15[m
                                                 in]48[sec]   in]02[sec]
  Madison.....................................  43[deg]04[m  89[deg]22[m
                                                 in]23[sec]   in]55[sec]
  Milwaukee...................................  43[deg]02[m  87[deg]54[m
                                                 in]19[sec]   in]15[sec]
  Rhinelander.................................  45[deg]38[m  89[deg]24[m
                                                 in]09[sec]   in]50[sec]
  Superior....................................  46[deg]43[m  92[deg]06[m
                                                 in]14[sec]   in]07[sec]
  Wausau......................................  44[deg]57[m  89[deg]37[m
                                                 in]30[sec]   in]40[sec]
Wyoming:
  Casper......................................  42[deg]51[m  106[deg]19[
                                                 in]00[sec]  min]22[sec]
  Cheyenne....................................  41[deg]08[m  104[deg]49[
                                                 in]09[sec]  min]07[sec]
  Rawlins.....................................  41[deg]47[m  107[deg]14[
                                                 in]23[sec]  min]37[sec]
  Riverton....................................  43[deg]01[m  108[deg]23[
                                                 in]29[sec]  min]03[sec]
------------------------------------------------------------------------


[37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13866, July 14, 1972; 51 
FR 18451, May 20, 1986; 51 FR 44608, Dec. 11, 1986; 54 FR 25716, June 
19, 1989; 56 FR 49707, Oct. 1, 1991]



Sec. 76.54  Significantly viewed signals; method to be followed for special showings.

    (a) Signals that are significantly viewed in a county (and thus are 
deemed to be significantly viewed within all communities within the 
county) are those that are listed in Appendix B of the memorandum 
opinion and order on reconsideration of the Cable Television Report and 
Order (Docket 18397 et al.), FCC 72-530, and those communities listed in 
the Significantly Viewed List as it appears on the official website of 
the Federal Communications Commission.
    (b) Significant viewing in a cable television or satellite community 
for signals not shown as significantly viewed under paragraphs (a) or 
(d) of this section may be demonstrated by an independent professional 
audience survey of over-the-air television homes that covers at least 
two weekly periods separated by at least thirty (30) days but no more 
than one of which shall be a week between the months of April and 
September. If two surveys are taken, they shall include samples 
sufficient to assure that the combined surveys result in an average 
figure at least one

[[Page 562]]

standard error above the required viewing level. If surveys are taken 
for more than 2-weekly periods in any 12 months, all such surveys must 
result in an average figure at least one standard error above the 
required viewing level. If a cable television system serves more than 
one community, a single survey may be taken, provided that the sample 
includes over-the-air television homes from each community that are 
proportional to the population. A satellite carrier may demonstrate 
significant viewing in more than one community or satellite community 
through a single survey, provided that the sample includes over-the-air 
television homes from each community that are proportional to the 
population.
    (c) Notice of a survey to be made pursuant to paragraph (b) of this 
section shall be served on all licensees or permittees of television 
broadcast stations within whose predicted noise limited service contour, 
as defined in Sec. 73.622(e) of this chapter, the cable or satellite 
community or communities are located, in whole or in part, and on all 
other system community units, franchisees, and franchise applicants in 
the cable community or communities at least (30) days prior to the 
initial survey period. Such notice shall include the name of the survey 
organization and a description of the procedures to be used. Objections 
to survey organizations or procedures shall be served on the party 
sponsoring the survey within twenty (20) days after receipt of such 
notice.
    (d) Signals of television broadcast stations not encompassed by the 
surveys (for the periods May 1970, November 1970 and February/March 
1971) used in establishing appendix B of the Memorandum Opinion and 
Order on Reconsideration of Cable Television Report and Order, FCC 72-
530, 36 FCC 2d 326 (1972), may be demonstrated as significantly viewed 
on a county-wide basis by independent professional audience surveys 
which cover three separate, consecutive four-week periods and are 
otherwise comparable to the surveys used in compiling the above-
referenced appendix B: Provided, however, That such demonstration shall 
be based upon audience survey data for the first three years of the 
subject station's broadcast operations.
    (e) Satellite carriers that intend to retransmit the signal of a 
significantly viewed television broadcast station to a subscriber 
located outside such station's local market, as defined by Sec. 
76.55(e), must provide written notice to all television broadcast 
stations that are assigned to the same local market as the intended 
subscriber at least 60 days before commencing retransmission of the 
significantly viewed station. Such satellite carriers must also provide 
the notifications described in Sec. 76.66(d)(5)(i). Except as provided 
in this paragraph (e), such written notice must be sent via certified 
mail, return receipt requested, to the address for such station(s) as 
listed in the consolidated database maintained by the Federal 
Communications Commission. After July 31, 2020, such written notice must 
be delivered to stations electronically in accordance with Sec. 
76.66(d)(2)(ii).
    (f) Satellite carriers that retransmit the signal of a significantly 
viewed television broadcast station to a subscriber located outside such 
station's local market must list all such stations and the communities 
to which they are retransmitted on their website.
    (g) Limitations on satellite subscriber eligibility. A satellite 
carrier may retransmit a significantly viewed network station to a 
subscriber, provided the conditions in paragraphs (g)(1) and (g)(2) of 
this section are satisfied or one of the two exceptions to these 
conditions provided in paragraphs (g)(3) and (g)(4) of this section 
apply.
    (1) Local service requirement. A satellite carrier may retransmit to 
a subscriber the signal of a significantly viewed station if:
    (i) Such subscriber receives local-into-local service pursuant to 
Sec. 76.66; and
    (ii) Such satellite carrier is in compliance with Sec. 76.65 with 
respect to the stations located in the local market into which the 
significantly viewed station will be retransmitted.
    (2) HD format requirement. Subject to the conditions in paragraphs 
(g)(2)(i) through (iv) of this section, a satellite carrier may 
retransmit to a subscriber

[[Page 563]]

in high definition (HD) format the signal of a significantly viewed 
station only if such carrier also retransmits in HD format the signal of 
a station located in the local market of such subscriber and affiliated 
with the same network whenever such format is available from such 
station, including when the HD signal is broadcast on a multicast 
stream.
    (i) The requirement in paragraph (g)(2) of this section applies only 
where a satellite carrier retransmits to a subscriber the significantly 
viewed station in HD format, and does not restrict a satellite carrier 
from retransmitting to a subscriber a significantly viewed station in 
standard definition (SD) format.
    (ii) For purposes of paragraph (g)(2) of this section, the term ``HD 
format'' refers to a picture quality resolution of 720p, 1080i, or 
higher.
    (iii) For purposes of paragraph (g)(2) of this section, the local 
station's HD signal will be considered ``available'' to the satellite 
carrier when the station:
    (A) Elects mandatory carriage or grants retransmission consent;
    (B) Provides a good quality HD signal to the satellite carrier's 
local receive facility (LRF); and
    (C) Complies with the requirements of Sec. Sec. 76.65 and 76.66.
    (iv) Notwithstanding the provisions of paragraph (g)(2)(iii) of this 
section, if the local station is willing to grant retransmission consent 
and make its HD signal available to the satellite carrier, but the 
satellite carrier does not negotiate with the local station in good 
faith, as required by Sec. 76.65, then the local station's HD signal 
will be deemed ``available'' for purposes of paragraph (g)(2) of this 
section.
    (3) Exception if no network affiliate in local market. The 
limitations in paragraphs (g)(1) and (g)(2) of this section will not 
prohibit a satellite carrier from retransmitting a significantly viewed 
network station to a subscriber located in a local market in which there 
are no network stations affiliated with the same television network as 
the significantly viewed station.
    (4) Exception if waiver granted by local station. The limitations in 
paragraphs (g)(1) and (g)(2) of this section will not apply if, and to 
the extent that, the local network station affiliated with the same 
television network as the significantly viewed station has granted a 
waiver in accordance with 47 U.S.C. 340(b)(4).
    (h) [Reserved]
    (i) For purposes of paragraph (g) of this section, television 
network and network station are as defined in 47 U.S.C. 339(d).
    (j) Notwithstanding the requirements of this section, the signal of 
a television broadcast station will be deemed to be significantly viewed 
if such station is shown to qualify for such status pursuant to 47 
U.S.C. 341(a).
    (k) Notwithstanding the other provisions of this section, a 
satellite carrier may not retransmit as significantly viewed the signal 
of a television broadcast station into the Designated Market Areas 
identified in 47 U.S.C. 341(b).

[37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13866, July 14, 1972; 40 
FR 48930, Oct. 20, 1975; 41 FR 32429, Aug. 3, 1976; 42 FR 19346, Apr. 
13, 1977; 53 FR 17051, May 13, 1988; 56 FR 33392, July 22, 1991; 70 FR 
76529, Dec. 27, 2005; 75 FR 72986, Nov. 29, 2010; 85 FR 16004, Mar. 20, 
2020]



Sec. 76.55  Definitions applicable to the must-carry rules.

    For purposes of the must-carry rules set forth in this subpart, the 
following definitions apply:
    (a) Qualified noncommercial educational (NCE) television station. A 
qualified NCE television station is any television broadcast station 
which
    (1)(i) Under the rules and regulations of the Commission in effect 
on March 29, 1990, is licensed by the Commission as an NCE television 
broadcast station and which is owned and operated by a public agency, 
nonprofit foundation, corporation, or association; and
    (ii) Has as its licensee an entity which is eligible to receive a 
community service grant, or any successor grant thereto, from the 
Corporation for Public Broadcasting, or any successor organization 
thereto, on the basis of the formula set forth in section 396(k)(6)(B) 
of the Communications Act of 1934, as amended; or
    (2) Is owned and operated by a municipality and transmits 
noncommercial programs for educational programs for educational 
purposes, as defined in

[[Page 564]]

Sec. 73.621 of this chapter, for at least 50 percent of its broadcast 
week.
    (3) This definition includes:
    (i) The translator of any NCE television station with five watts or 
higher power serving the franchise area,
    (ii) A full-service station or translator if such station or 
translator is licensed to a channel reserved for NCE use pursuant to 
Sec. 73.606 of this chapter, or any successor regulations thereto, and
    (iii) Such stations and translators operating on channels not so 
reserved but otherwise qualified as NCE stations.

    Note to paragraph (a): For the purposes of Sec. 76.55(a), ``serving 
the franchise area'' will be based on the predicted protected contour of 
the NCE translator.

    (b) Qualified local noncommercial educational (NCE) television 
station. A qualified local NCE television station is a qualified NCE 
television station:
    (1) That is licensed to a community whose reference point, as 
defined in Sec. 76.53 is within 80.45 km (50 miles) of the principal 
headend, as defined in Sec. 76.5(pp), of the cable system; or
    (2) Whose Grade B service contour encompasses the principal headend, 
as defined in Sec. 76.5(pp), of the cable system.
    (3) Notwithstanding the provisions of this section, a cable operator 
shall not be required to add the signal of a qualified local 
noncommercial educational television station not already carried under 
the provision of Sec. 76.56(a)(5), where such signal would be 
considered a distant signal for copyright purposes unless such station 
agrees to indemnify the cable operator for any increased copyright 
liability resulting from carriage of such signal on the cable system.
    (c) Local commercial television station. A local commercial 
television station is any full power television broadcast station, other 
than a qualified NCE television station as defined in paragraph (a) of 
this section, licensed and operating on a channel regularly assigned to 
its community by the Commission that, with respect to a particular cable 
system, is within the same television market, as defined below in 
paragraph (e) of this section, as the cable system, except that the term 
local commercial television station does not include:
    (1) Low power television stations, television translator stations, 
and passive repeaters with operate pursuant to part 74 of this chapter.
    (2) A television broadcast station that would be considered a 
distant signal under the capable compulsory copyright license, 17 U.S.C. 
111, if such station does not agree to indemnify the cable operator for 
any increased copyright liability resulting from carriage on the cable 
system; or
    (3) A television broadcast station that does not deliver to the 
principal headend, as defined in Sec. 76.5(pp), of a cable system a 
signal level of -45dBm for analog UHF signals, -49dBm for analog VHF 
signals, or -61dBm for digital signals at the input terminals of the 
signal processing equipment, i.e., the input to the first active 
component of the signal processing equipment relevant to the signal at 
issue, if such station does not agree to be responsible for the costs of 
delivering to the cable system a signal of good quality or a baseband 
video signal.
    (d) Qualified low power station. A qualified low power station is 
any television broadcast station conforming to the low power television 
rules contained in part 74 of this chapter, only if:
    (1) Such station broadcasts for at least the minimum number of hours 
of operation required by the Commission for full power television 
broadcast stations under part 73 of this chapter;
    (2) Such station meets all obligations and requirements applicable 
to full power television broadcast stations under part 73 of this 
chapter, with respect to the broadcast of nonentertainment programming; 
programming and rates involving political candidates, election issues, 
controversial issues of public importance, editorials, and personal 
attacks; programming for children; and equal employment opportunity; and 
the Commission determines that the provision of such programming by such 
station would address local news and informational needs which are not 
being adequately served by full power television broadcast stations 
because of the geographic distance of such full power stations from the 
low power station's community of license;

[[Page 565]]

    (3) Such station complies with interference regulations consistent 
with its secondary status pursuant to part 74 of this chapter;
    (4) Such station is located no more than 56.32 km (35 miles) from 
the cable system's principal headend, as defined in Sec. 76.5(pp), and 
delivers to that headend an over-the-air signal of good quality;
    (5) The community of license of such station and the franchise area 
of the cable system are both located outside of the largest 160 
Metropolitan Statistical Areas, ranked by population, as determined by 
the Office of Management and Budget on June 30, 1990, and the population 
of such community of license on such date did not exceed 35,000; and
    (6) There is no full power television broadcast station licensed to 
any community within the county or other equivalent political 
subdivision (of a State) served by the cable system.

    Note to paragraph (d): For the purposes of this section, for over-
the-air broadcast, a good quality signal shall mean a signal level of 
either -45 dBm for analog VHF signals, -49 dBm for analog UHF signals, 
or -61 dBm for digital signals (at all channels) at the input terminals 
of the signal processing equipment.

    (e) Television market. (1) Until January 1, 2000, a commercial 
broadcast television station's market, unless amended pursuant to Sec. 
76.59, shall be defined as its Area of Dominant Influence (ADI) as 
determined by Arbitron and published in the Arbitron 1991-1992 
Television ADI Market Guide, as noted below, except that for areas 
outside the contiguous 48 states, the market of a station shall be 
defined using Nielsen's Designated Market Area (DMA), where applicable, 
as published in the Nielsen 1991-92 DMA Market and Demographic Rank 
Report, and that Puerto Rico, the U.S. Virgin Islands, and Guam will 
each be considered a single market.
    (2) A commercial broadcast station's market, unless amended pursuant 
to Sec. 76.59, shall be defined as its Designated Market Area (DMA) as 
determined by Nielsen Media Research and published in its Nielsen Local 
TV Station Information Report or any successor publications.
    (i) The applicable DMA list for the 2023 election pursuant to Sec. 
76.64(f) will be the DMA assignments specified in the Nielsen October 
2021 Local TV Station Information Report, and so forth using the 
publications for the October two years prior to each triennial election 
pursuant to Sec. 76.64(f).
    (ii) The applicable DMA list for the 2002 election pursuant to Sec. 
76.64(f) will be the DMA assignments specified in the 2000-2001 list, 
and so forth for each triennial election pursuant to Sec. 76.64(f).
    (3) In addition, the county in which a station's community of 
license is located will be considered within its market.
    (4) A cable system's television market(s) shall be the one or more 
ADI markets in which the communities it serves are located until January 
1, 2000, and the one or more DMA markets in which the communities it 
serves are located thereafter.
    (5) In the absence of any mandatory carriage complaint or market 
modification petition, cable operators in communities that shift from 
one market to another, due to the change in 1999-2000 from ADI to DMA, 
will be permitted to treat their systems as either in the new DMA 
market, or with respect to the specific stations carried prior to the 
market change from ADI to DMA, as in both the old ADI market and the new 
DMA market.
    (6) If the change from the ADI market definition to the DMA market 
definition in 1999-2000 results in the filing of a mandatory carriage 
complaint, any affected party may respond to that complaint by filing a 
market modification request pursuant to Sec. 76.59, and these two 
actions may be jointly decided by the Commission.

    Note to paragraph (e): For the 1996 must-carry/retransimission 
consent election, the ADI assignments specified in the 1991-1992 
Television ADI Market Guide, available from the Arbitron Ratings Co., 
9705 Patuxent Woods Drive, Columbia, MD, will apply. For the 1999 
election, which becomes effective on January 1, 2000, DMA assignments 
specified in the 1997-98 DMA Market and Demographic Rank Report, 
available from Nielsen Media Research, 299 Park Avenue, New York, NY, 
shall be used. The applicable DMA list for the 2002 election will be the 
2000-2001 list, etc.


[[Page 566]]


    (f) Network. For purposes of the must-carry rules, a commercial 
television network is an entity that offers programming on a regular 
basis for 15 or more hours per week to at least 25 affiliates in 10 or 
more states.

[58 FR 17359, Apr. 2, 1993, as amended at 58 FR 44951, Aug. 25, 1993; 59 
FR 62344, Dec. 5, 1994; 61 FR 29313, June 10, 1996; 64 FR 42617, Aug. 5, 
1999; 68 FR 17312, Apr. 9, 2003; 73 FR 5685, Jan. 30, 2008; 83 FR 7626, 
Feb. 22, 2018; 87 FR 74988, Dec. 7, 2022]



Sec. 76.56  Signal carriage obligations.

    (a) Carriage of qualified noncommercial educational stations. A 
cable television system shall carry qualified NCE television stations in 
accordance with the following provisions:
    (1) Each cable operator shall carry on its cable television system 
any qualified local NCE television station requesting carriage, except 
that
    (i) Systems with 12 or fewer usable activated channels, as defined 
in Sec. 76.5(oo), shall be required to carry the signal of one such 
station;
    (ii) Systems with 13 to 36 usable activated channels, as defined in 
Sec. 76.5(oo), shall be required to carry at least one qualified local 
NCE station, but not more than three such stations; and
    (iii) Systems with more than 36 usable activated channels shall be 
required to carry the signals of all qualified local NCE television 
stations requesting carriage, but in any event at least three such 
signals; however a cable system with more than 36 channels shall not be 
required to carry an additional qualified local NCE station whose 
programming substantially duplicates the programming of another 
qualified local NCE station being carried on the system.

    Note: For purposes of this paragraph, a station will be deemed to 
``substantially duplicate'' the programming of another station if it 
broadcasts the same programming, simultaneous or non-simultaneous, for 
more than 50 percent of prime time, as defined in Sec. 76.5(n), and 
more than 50 percent outside of prime time over a three-month period.

    (2)(i) In the case of a cable system with 12 or fewer channels that 
operates beyond the presence of any qualified local NCE stations, the 
cable operator shall import one qualified NCE television station.
    (ii) A cable system with between 13 and 36 channels that operates 
beyond the presence of any qualified local NCE stations, the cable 
operator shall import at least one qualified NCE television station.
    (3) A cable system with 12 or fewer usable activated channels shall 
not be required to remove any programming service provided to 
subscribers as of March 29, 1990, to satisfy these requirements, except 
that the first available channel must be used to satisfy these 
requirements.
    (4) A cable system with 13 to 36 usable activated channels which 
carries the signal of a qualified local NCE station affiliated with a 
State public television network shall not be required to carry more than 
one qualified local NCE station affiliated with such network, if the 
programming of such additional stations substantially duplicates, as 
defined in the note in paragraph (a)(1) of this section, the programming 
of a qualified local NCE television station receiving carriage.
    (5) Notwithstanding the requirements of paragraph (a)(1) of this 
section, all cable operators shall continue to provide carriage to all 
qualified local NCE television stations whose signals were carried on 
their systems as of March 29, 1990. In the case of a cable system that 
is required to import a distance qualified NCE signal, and such system 
imported the signal of a qualified NCE station as of March 29, 1990, 
such cable system shall continue to import such signal until such time 
as a qualified local NCE signal is available to the cable system. This 
requirements may be waived with respect to a particular cable operator 
and a particular NCE station, upon the written consent of the cable 
operator and the station.
    (b) Carriage of local commercial television stations. A cable 
television system shall carry local commercial broadcast television 
stations in accordance with the following provisions:
    (1) A cable system with 12 or fewer usable activated channels, as 
defined in Sec. 76.5(oo), shall carry the signals of at least three 
qualified local commercial television stations, except that if such 
system serves 300 or fewer subscribers it shall not be subject to these 
requirements as long as it does not delete

[[Page 567]]

from carriage the signal of a broadcast television station which was 
carried on that system on October 5, 1992.
    (2) A cable system with more than 12 usable activated channels, as 
defined in Sec. 76.5(oo), shall carry local commercial television 
stations up to one-third of the aggregate number of usable activated 
channels of such system.
    (3) If there are not enough local commercial television stations to 
fill the channels set aside under paragraphs (b)(1) and (b)(2) of this 
section, a cable operator of a system with 35 or fewer usable activated 
channels, as defined in Sec. 76.5(oo), shall, if such stations exist, 
carry one qualified low power television station and a cable system with 
more than 35 usable activated channels shall carry two qualified low 
power stations.
    (4) Whenever the number of local commercial television stations 
exceeds the maximum number of signals a cable system is required to 
carry under paragraph (b)(1) or (b)(2) of this section, the cable 
operator shall have discretion in selecting which such stations shall be 
carried on its cable system, except that
    (i) Under no circumstances shall a cable operator carry a qualified 
low power station in lieu of a local commercial television station; and
    (ii) If the cable operator elects to carry an affiliate of a 
broadcast network, as defined in Sec. 76.55(f), such cable operator 
shall carry the affiliate of such broadcast network whose community of 
license reference point, as defined in Sec. 76.53, is closest to the 
principal headend, as defined in Sec. 76.5(pp), of the cable system.
    (5) A cable operator is not required to carry the signal of any 
local commercial television station that substantially duplicates the 
signal of another local commercial television station that is carried on 
its cable system, or to carry the signals of more than one local 
commercial television station affiliated with a particular broadcast 
network, as defined in Sec. 76.55(f). However, if a cable operator 
declines to carry duplicating signals, such cable operator shall carry 
the station whose community of license reference point, as defined in 
Sec. 76.53, is closest to the principal headend of the cable system. 
For purposes of this paragraph, substantially duplicates means that a 
station regularly simultaneously broadcasts the identical programming as 
another station for more than 50 percent of the broadcast week. For 
purposes of this definition, only identical episodes of a television 
series are considered duplicative and commercial inserts are excluded 
from the comparison. When the stations being compared are licensed to 
communities in different time zones, programming aired by a station 
within one hour of the identical program being broadcast by another 
station will be considered duplicative.
    (6) [Reserved]
    (7) A local commercial television station carried to fulfill the 
requirements of this paragraph, which subsequently elects retransmission 
consent pursuant to Sec. 76.64, shall continue to be carried by the 
cable system until the effective date of such retransmission consent 
election.
    (c) Use of public, educational, or governmental (PEG) channels. A 
cable operator required to carry more than one signal of a qualified low 
power station or to add qualified local NCE stations in fulfillment of 
these must-carry obligations may do so, subject to approval by the 
franchising authority pursuant to Section 611 of the Communications Act 
of 1934, as amended, by placing such additional station on public, 
educational, or governmental channels not in use for their designated 
purposes.
    (d) Availability of signals. (1) Local commercial television 
stations carried in fulfillment of the requirements of this section 
shall be provided to every subscriber of a cable system. Such signals 
shall be viewable via cable on all television receivers of a subscriber 
which are connected to a cable system by a cable operator or for which a 
cable operator provides a connection.
    (2) Qualified local NCE television stations carried in fulfillment 
of the carriage obligations of a cable operator under this section shall 
be available to every subscriber as part of the cable system's lowest 
priced service tier that includes the retransmission of local commercial 
television broadcast signals.
    (e) Carriage of additional broadcast television signals on such 
system shall

[[Page 568]]

be at the discretion of the cable operator, subject to the 
retransmission consent rules, Sec. 76.64. A cable system may also carry 
any ancillary or other transmission contained in the broadcast 
television signal.
    (f) Calculation of broadcast signals carried. When calculating the 
portion of a cable system devoted to carriage of local commercial 
television stations under paragraph (b) of this section, a cable 
operator may count the primary video and program-related signals of all 
such stations, and any alternative-format versions of those signals, 
that they carry.
    (g) Channel sharing carriage rights. A broadcast television station 
that voluntarily relinquishes spectrum usage rights under 73.3700 of 
this chapter in order to share a television channel and 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 such location if it were not sharing a channel.
    (h) Next Gen TV carriage rights. (1) A broadcast television station 
that chooses to deploy Next Gen TV service, see Sec. 73.682(f) of this 
chapter, may assert mandatory carriage rights under this section only 
with respect to its ATSC 1.0 signal and may not assert mandatory 
carriage rights with respect to its ATSC 3.0 signal.
    (2) With respect to a Next Gen TV station that moves its 1.0 
simulcast signal to a host station's (i.e., a station whose facilities 
are being used to transmit programming originated by another station) 
facilities, the station may assert mandatory carriage rights under this 
section only if it:
    (i) Qualified for, and has been exercising, mandatory carriage 
rights at its original location; and
    (ii) Continues to qualify for mandatory carriage at the host 
station's facilities, including (but not limited to) delivering a good 
quality 1.0 signal to the cable system principal headend, or agreeing to 
be responsible for the costs of delivering such 1.0 signal to the cable 
system.

    Note 1 to Sec. 76.56: Section 76.1620 provides notification 
requirements for a cable operator who authorizes subscribers to install 
additional receiver connections, but does not provide the subscriber 
with such connections, or with the equipment and materials for such 
connections.
    Note 2 to Sec. 76.56: Section 76.1614 provides response 
requirements for a cable operator who receives a written request to 
identify its must-carry signals.
    Note 3 to Sec. 76.56: Section 76.1709 provides recordkeeping 
requirements with regard to a cable operator's list of must-carry 
signals.

[58 FR 17360, Apr. 2, 1993, as amended at 58 FR 39161, July 22, 1993; 58 
FR 40368, July 28, 1993; 59 FR 62344, Dec. 5, 1994; 65 FR 53614, Sept. 
5, 2000; 66 FR 16553, Mar. 26, 2001; 73 FR 6054, Feb. 1, 2008; 77 FR 
30426, May 23, 2012; 77 FR 36192, June 18, 2012; 83 FR 5028, Feb. 2, 
2018; 83 FR 7626, Feb. 22, 2018]



Sec. 76.57  Channel positioning.

    (a) At the election of the licensee of a local commercial broadcast 
television station, and for the purpose of this section, a qualified low 
power television station, carried in fulfillment of the must-carry 
obligations, a cable operator shall carry such signal on the cable 
system channel number on which the local commercial television station 
is broadcast over the air, or on the channel on which it was carried on 
July 19, 1985, or on the channel on which it was carried on January 1, 
1992.
    (b) At the election of the licensee of a qualified local NCE 
broadcast television station carried in fulfillment of the must-carry 
obligations, a cable operator shall carry such signal on the cable 
system channel number on which the qualified NCE television station is 
broadcast over the air, or on the channel on which it was carried on 
July 19, 1985.
    (c) With respect to digital signals of a television station carried 
in fulfillment of the must-carry obligations, a cable operator shall 
carry the information necessary to identify and tune to the broadcast 
television signal.
    (d) Any signal carried in fulfillment of the must-carry obligations 
may be carried on such other channel number as is mutually agreed upon 
by the station and the cable operator.
    (e) At the time a local commercial station elects must-carry status 
pursuant to Sec. 76.64, such station shall notify the cable system of 
its choice of channel position as specified in paragraphs

[[Page 569]]

(a), (b), and (d) of this section. A qualified NCE station shall notify 
the cable system of its choice of channel position when it requests 
carriage.
    (f) Pursuant to Sec. 76.64(f)(3), a local commercial broadcast 
television station that fails to make an election is deemed a must-carry 
station. A cable operator shall carry such a television station on the 
cable system channel number on which the local commercial television 
station is broadcast over the air, or on the channel on which it was 
carried on July 19, 1985, or on the channel on which it was carried on 
January 1, 1992. In the event that none of these specified channel 
positions is available due to a channel positioning request from a 
commercial television station affirmatively asserting its must-carry 
rights or such a request from a qualified local noncommercial 
educational station, the cable operator shall place the signal of such a 
television station on a channel of the cable system's choice, so long as 
that channel is included on the basic service tier.

    Note to Sec. 76.57: Any existing agreement for channel position 
between a local commercial station entitled to must-carry status and a 
cable operator entered into prior to June 26, 1990, may continue through 
the expiration of such agreement.

[58 FR 17361, Apr. 2, 1993, as amended at 58 FR 40368, July 28, 1993; 59 
FR 62345, Dec. 5, 1994; 66 FR 16553, Mar. 26, 2001; 83 FR 7626, Feb. 22, 
2018]



Sec. 76.59  Modification of television markets.

    (a) The Commission, following a written request from a broadcast 
station, cable system, satellite carrier or county government (only with 
respect to satellite modifications), may deem that the television 
market, as defined either by Sec. 76.55(e) or Sec. 76.66(e), of a 
particular commercial television broadcast station should include 
additional communities within its television market or exclude 
communities from such station's television market. In this respect, 
communities may be considered part of more than one television market.
    (b) Such requests for modification of a television market shall be 
submitted in accordance with Sec. 76.7, petitions for special relief, 
and shall include the following evidence:
    (1) A map or maps illustrating the relevant community locations and 
geographic features, station transmitter sites, cable system headend or 
satellite carrier local receive facility locations, terrain features 
that would affect station reception, mileage between the community and 
the television station transmitter site, transportation routes and any 
other evidence contributing to the scope of the market.
    (2) Noise-limited service contour maps (for full-power digital 
stations) or protected contour maps (for Class A and low power 
television stations) delineating the station's technical service area 
and showing the location of the cable system headends or satellite 
carrier local receive facilities and communities in relation to the 
service areas.

    Note to paragraph (b)(2): Service area maps using Longley-Rice 
(version 1.2.2) propagation curves may also be included to support a 
technical service exhibit.

    (3) Available data on shopping and labor patterns in the local 
market.
    (4) Television station programming information derived from station 
logs or the local edition of the television guide.
    (5) Cable system or satellite carrier channel line-up cards or other 
exhibits establishing historic carriage, such as television guide 
listings.
    (6) Published audience data for the relevant station showing its 
average all day audience (i.e., the reported audience averaged over 
Sunday-Saturday, 7 a.m.-1 a.m., or an equivalent time period) for both 
multichannel video programming distributor (MVPD) and non-MVPD 
households or other specific audience indicia, such as station 
advertising and sales data or viewer contribution records.
    (7) If applicable, a statement that the station is licensed to a 
community within the same state as the relevant community.
    (c) Petitions for Special Relief to modify television markets that 
do not include such evidence shall be dismissed without prejudice and 
may be refiled at a later date with the appropriate filing fee.

[[Page 570]]

    (d) A cable operator or satellite carrier shall not delete from 
carriage the signal of a commercial television station during the 
pendency of any proceeding pursuant to this section.
    (e) A market determination under this section shall not create 
additional carriage obligations for a satellite carrier if it is not 
technically and economically feasible for such carrier to accomplish 
such carriage by means of its satellites in operation at the time of the 
determination.
    (f) No modification of a commercial television broadcast station's 
local market pursuant to this section shall have any effect on the 
eligibility of households in the community affected by such modification 
to receive distant signals from a satellite carrier pursuant to 47 
U.S.C. 339.

[58 FR 17361, Apr. 2, 1993, as amended at 64 FR 33796, June 24, 1999; 67 
FR 53892, Aug. 22, 2002; 80 FR 59663, Oct. 2, 2015]



Sec. 76.60  Compensation for carriage.

    A cable operator is prohibited from accepting or requesting monetary 
payment or other valuable consideration in exchange either for carriage 
or channel positioning of any broadcast television station carried in 
fulfillment of the must-carry requirements, except that
    (a) Any such station may be required to bear the costs associated 
with delivering a good quality signal or a baseband video signal to the 
principal headend of the cable system; or
    (b) A cable operator may accept payments from stations which would 
be considered distant signals under the cable compulsory copyright 
license, 17 U.S.C. 111, as indemnification for any increased copyright 
liability resulting from carriage of such signal.

    Note: A cable operator may continue to accept monetary payment or 
other valuable consideration in exchange for carriage or channel 
positioning of the signal of any local commercial television station 
carried in fulfillment of the must-carry requirements, through, but not 
beyond, the date of expiration of an agreement between a cable operator 
and a local commercial television station entered into prior to June 26, 
1990.

    (c) A cable operator may accept payments from stations pursuant to a 
retransmission consent agreement, even if such station will be counted 
towards the must-carry complement, as long as all other applicable rules 
are adhered to.

[58 FR 17362, Apr. 2, 1993, as amended at 59 FR 62345, Dec. 5, 1994]



Sec. 76.61  Disputes concerning carriage.

    (a) Complaints regarding carriage of local commercial television 
stations. (1) Whenever a local commercial television station or a 
qualified low power television station believes that a cable operator 
has failed to meet its carriage or channel positioning obligations, 
pursuant to Sec. Sec. 76.56 and 76.57, such station shall notify the 
operator, in writing, of the alleged failure and identify its reasons 
for believing that the cable operator is obligated to carry the signal 
of such station or position such signal on a particular channel.
    (2) The cable operator shall, within 30 days of receipt of such 
written notification, respond in writing to such notification and either 
commence to carry the signal of such station in accordance with the 
terms requested or state its reasons for believing that it is not 
obligated to carry such signal or is in compliance with the channel 
positioning and repositioning and other requirements of the must-carry 
rules. If a refusal for carriage is based on the station's distance from 
the cable system's principal headend, the operator's response shall 
include the location of such headend. If a cable operator denies 
carriage on the basis of the failure of the station to deliver a good 
quality signal at the cable system's principal headend, the cable 
operator must provide a list of equipment used to make the measurements, 
the point of measurement and a list and detailed description of the 
reception and over-the-air signal processing equipment used, including 
sketches such as block diagrams and a description of the methodology 
used for processing the signal at issue, in its response.
    (3) A local commercial television station or qualified low power 
television station that is denied carriage or channel positioning or 
repositioning in accordance with the must-carry rules by a cable 
operator may file a complaint with the Commission in accordance with the 
procedures set forth in Sec. 76.7 of

[[Page 571]]

this part. In addition to the requirements of Sec. 76.7 of this part, 
such complaint shall specifically:
    (i) Allege the manner in which such cable operator has failed to 
meet its obligations and the basis for such allegations.
    (ii) Be accompanied by the notice from the complainant to the cable 
television system operator, and the cable television system operator's 
response, if any. If no timely response was received, the complaint 
shall so state.
    (iii) Establish the complaint is being filed within the sixty-day 
deadline stated in paragraph (a)(5) of this section.
    (4) If the Commission determines that a cable operator has failed to 
meet its must-carry obligations, the Commission shall order that, within 
45 days of such order or such other time period as the Commission may 
specify, the cable operator reposition the complaining station or, in 
the case of an obligation to carry a station, commence or resume 
carriage of the station and continue such carriage for at least 12 
months. If the Commission determines that the cable operator has fully 
met the must-carry requirements, it shall dismiss the complaint.
    (5) No must-carry complaint filed pursuant to paragraph (a) of this 
section will be accepted by the Commission if filed more than sixty (60) 
days after--
    (i) The denial by a cable television system operator of request for 
carriage or channel position contained in the notice required by 
paragraph (a)(1) of this section, or
    (ii) The failure to respond to such notice within the time period 
allowed by paragraph (a)(2) of this section.
    (b) Complaints regarding carriage of qualified local NCE television 
stations. (1) Whenever a qualified local NCE television station believes 
that a cable operator has failed to comply with the signal carriage or 
channel positioning requirements, pursuant to Sec. Sec. 76.56 through 
76.57 of this part, the station may file a complaint with the Commission 
in accordance with the procedures set forth in Sec. 76.7 of this part. 
In addition to the requirements of Sec. 76.7 of this part, such 
complaint shall specifically:
    (i) Allege the manner in which such cable operator has failed to 
comply with such requirements and state the basis for such allegations.
    (ii) Be accompanied by any relevant correspondence between the 
complainant and the cable television system operator.
    (2) If the Commission determines that a cable operator has failed to 
meet its must-carry obligations, the Commission shall order that, within 
45 days of such order or such other period as the Commission may 
specify, the cable operator reposition the complaining station or, in 
the case of an obligation to carry a station, commence or resume 
carriage of the station and continue such carriage for a period of time 
the Commission deems appropriate for the specific case under 
consideration. If the Commission determines that the cable operator has 
fully met the must-carry requirements, it shall dismiss the complaint.
    (3) With respect to must-carry complaints filed pursuant to 
paragraph (b) of this section, such complaints may be filed at any time 
the complainant believes that the cable television system operator has 
failed to comply with the applicable provisions of subpart D of this 
part.

[58 FR 17362, Apr. 2, 1993, as amended at 64 FR 6572, Feb. 10, 1999]



Sec. 76.62  Manner of carriage.

    (a) Cable operators shall carry the entirety of the program schedule 
of any television station (including low power television stations) 
carried by the system unless carriage of specific programming is 
prohibited, and other programming authorized to be substituted, under 
Sec. 76.67 or subpart F of part 76, or unless carriage is pursuant to a 
valid retransmission consent agreement for the entire signal or any 
portion thereof as provided in Sec. 76.64.
    (b) Each digital television broadcast signal carried shall be 
carried without material degradation. Each analog television broadcast 
signal carried shall be carried without material degradation and in 
compliance with technical standards set forth in subpart K of this part.
    (c) Each local commercial television station whose signal is carried 
shall, to

[[Page 572]]

the extent technically feasible and consistent with good engineering 
practice, be provided no less than the same quality of signal processing 
and carriage provided for carriage of any other type of standard 
television signal.
    (d) Each qualified local noncommercial educational television 
station whose signal is carried shall be provided with bandwidth and 
technical capacity equivalent to that provided to commercial television 
broadcast stations carried.
    (e) Each commercial broadcast television station carried pursuant to 
Sec. 76.56 shall include in its entirety the primary video, 
accompanying audio, and closed captioning data contained in line 21 of 
the vertical blanking interval and, to the extent technically feasible, 
program-related material carried in the vertical blanking interval or on 
subcarriers. Where appropriate and feasible, operators may delete signal 
enhancements, such as ghost-canceling, from the broadcast signal and 
employ such enhancements at the system headend or headends.
    (f) Each qualified local NCE television station carried pursuant to 
Sec. 76.56 shall include in its entirety the primary video, 
accompanying audio, and closed captioning data contained in line 21 of 
the vertical blanking interval and, to the extent technically feasible, 
program-related material carried in the vertical blanking interval or on 
subcarriers, that may be necessary for receipt of programming by 
handicapped persons or for educational or language purposes.
    (g) With respect to carriage of digital signals, operators are not 
required to carry ancillary or supplementary transmissions or non-
program related video material.
    (h) If a digital television broadcast signal is carried in 
accordance with Sec. 76.62(b) and either (c) or (d), the carriage of 
that signal in additional formats does not constitute material 
degradation.

[58 FR 17362, Apr. 2, 1993, as amended at 59 FR 62345, Dec. 5, 1994; 66 
FR 16553, Mar. 26, 2001; 73 FR 6054, Feb. 1, 2008]



Sec. 76.64  Retransmission consent.

    (a) No multichannel video programming distributor shall retransmit 
the signal of any commercial broadcasting station without the express 
authority of the originating station, except as provided in paragraph 
(b) of this section.
    (b) A commercial broadcast signal may be retransmitted without 
express authority of the originating station if--
    (1) The distributor is a cable system and the signal is that of a 
commercial television station (including a low-power television station) 
that is being carried pursuant to the Commission's must-carry rules set 
forth in Sec. 76.56;
    (2) The multichannel video programming distributor obtains the 
signal of a superstation that is distributed by a satellite carrier and 
the originating station was a superstation on May 1, 1991, and the 
distribution is made only to areas outside the local market of the 
originating station; or
    (3) The distributor is a satellite carrier and the signal is 
transmitted directly to a home satellite antenna, provided that:
    (i) The broadcast station is not owned or operated by, or affiliated 
with, a broadcasting network and its signal was retransmitted by a 
satellite carrier on May 1, 1991, or
    (ii) The broadcast station is owned or operated by, or affiliated 
with a broadcasting network, and the household receiving the signal is 
an unserved household. This paragraph shall terminate at midnight on 
December 31, 2019, provided that if Congress further extends this date, 
the rules remain in effect until the statutory authorization expires.
    (c) For purposes of this section, the following definitions apply:
    (1) A satellite carrier is an entity that uses the facilities of a 
satellite or satellite service licensed by the Federal Communications 
Commission, to establish and operate a channel of communications for 
point-to-multipoint distribution of television station signals, and that 
owns or leases a capacity or service on a satellite in order to provide 
such point-to-multipoint distribution, except to the extent that such 
entity provides such distribution pursuant to tariff under the 
Communications Act of 1934, other than for private home viewing;

[[Page 573]]

    (2) A superstation is a television broadcast station other than a 
network station, licensed by the Federal Communications Commission that 
is secondarily transmitted by a satellite carrier;
    (3) An unserved household with respect to a television network is a 
household that
    (i) Cannot receive, through the use of a conventional outdoor 
rooftop receiving antenna, an over-the-air signal of grade B intensity 
of a primary network station affiliated with that network, and
    (ii) Has not, within 90 days before the date on which that household 
subscribes, either initially or on renewal, received secondary 
transmissions by a satellite carrier of a network station affiliated 
with that network, subscribed to a cable system that provides the signal 
of a primary network station affiliated with the network.
    (4) A primary network station is a network station that broadcasts 
or rebroadcasts the basic programming service of a particular national 
network;
    (5) The terms ``network station,'' and ``secondary transmission'' 
have the meanings given them in 17 U.S.C. 111(f).
    (d) A multichannel video program distributor is an entity such as, 
but not limited to, a cable operator, a BRS/EBS provider, a direct 
broadcast satellite service, a television receive-only satellite program 
distributor, or a satellite master antenna television system operator, 
that makes available for purchase, by subscribers or customers, multiple 
channels of video programming.
    (e) The retransmission consent requirements of this section are not 
applicable to broadcast signals received by master antenna television 
facilities or by direct over-the-air reception in conjunction with the 
provision of service by a multichannel video program distributor 
provided that the multichannel video program distributor makes reception 
of such signals available without charge and at the subscribers option 
and provided further that the antenna facility used for the reception of 
such signals is either owned by the subscriber or the building owner; or 
under the control and available for purchase by the subscriber or the 
building owner upon termination of service.
    (f) Commercial television stations are required to make elections 
between retransmission consent and must-carry status according to the 
following schedule:
    (1) The initial election must be made by June 17, 1993.
    (2) Subsequent elections must be made at three year intervals; the 
second election must be made by October 1, 1996 and will take effect on 
January 1, 1997; the third election must be made by October 1, 1999 and 
will take effect on January 1, 2000, etc.
    (3) Television stations that fail to make an election by the 
specified deadline will be deemed to have elected must carry status for 
the relevant three-year period.
    (4) New television stations and stations that return their analog 
spectrum allocation and broadcast in digital only shall make their 
initial election any time between 60 days prior to commencing broadcast 
and 30 days after commencing broadcast or commencing broadcasting in 
digital only; such initial election shall take effect 90 days after it 
is made.
    (5) Television broadcast stations that become eligible for must 
carry status with respect to a cable system or systems due to a change 
in the market definition may, within 30 days of the effective date of 
the new definition, elect must-carry status with respect to such system 
or systems. Such elections shall take effect 90 days after they are 
made.
    (g) If one or more franchise areas served by a cable system overlaps 
with one or more franchise areas served by another cable system, 
television broadcast stations are required to make the same election for 
both cable systems.
    (h)(1) On or before each must carry/retransmission consent election 
deadline, each television broadcast station shall place a copy of its 
election statement, and copies of any election change notices applying 
to the upcoming carriage cycle, in the station's public file if the 
station is required to maintain a public file.
    (2) Each cable operator shall, no later than July 31, 2020, provide 
an up-to-

[[Page 574]]

date email address for carriage election notice submissions with respect 
to its systems and an up-to-date phone number for carriage-related 
questions. Each cable operator is responsible for the continuing 
accuracy and completeness of the information furnished. It must respond 
to questions from broadcasters as soon as is reasonably possible.
    (3) A station shall send a notice of its election to a cable 
operator only if changing its election with respect to one or more of 
that operator's systems. Such notice shall be sent to the email address 
provided by the cable system and carbon copied to 
[email protected]. A notice must include, with respect to each 
station referenced in the notice, the:
    (i) Call sign;
    (ii) Community of license;
    (iii) DMA where the station is located;
    (iv) Specific change being made in election status;
    (v) Email address for carriage-related questions;
    (vi) Phone number for carriage-related questions;
    (vii) Name of the appropriate station contact person; and,
    (viii) If the station changes its election for some systems of the 
cable operator but not all, the specific cable systems for which a 
carriage election applies.
    (4) Cable operators must respond via email as soon as is reasonably 
possible, acknowledging receipt of a television station's election 
notice.
    (5) Low power television stations and non-commercial educational 
translator stations that are qualified under Sec. 76.55 and 
retransmitted by a multichannel video programming distributor shall, 
beginning no later than July 31, 2020, respond as soon as is reasonably 
possible to messages or calls from multichannel video programming 
distributors that are received via the email address or phone number the 
station provides in the Commission's Licensing and Management System.
    (i) Notwithstanding a television station's election of must-carry 
status, if a cable operator proposes to retransmit that station's signal 
without according the station must-carry rights (i.e., pursuant to Sec. 
76.56(e)), the operator must obtain the station's express authority 
prior to retransmitting its signal.
    (j) Retransmission consent agreements between a broadcast station 
and a multichannel video programming distributor shall be in writing and 
shall specify the extent of the consent being granted, whether for the 
entire signal or any portion of the signal. This rule applies for either 
the analog or the digital signal of a television station.
    (k) A cable system commencing new operation is required to notify 
all local commercial and noncommercial broadcast stations of its intent 
to commence service. The cable operator must send such notification, by 
certified mail except as provided in this paragraph (k), at least 60 
days prior to commencing cable service. After July 31, 2020, the cable 
operator must send such notification by electronic delivery in 
accordance with Sec. 76.1600. Commercial broadcast stations must notify 
the cable system within 30 days of the receipt of such notice of their 
election for either must-carry or retransmission consent with respect to 
such new cable system. If the commercial broadcast station elects must-
carry, it must also indicate its channel position in its election 
statement to the cable system. Such election shall remain valid for the 
remainder of any three-year election interval, as established in 
paragraph (f)(2) of this section. Noncommercial educational broadcast 
stations should notify the cable operator of their request for carriage 
and their channel position. The new cable system must notify each 
station if its signal quality does not meet the standards for carriage 
and if any copyright liability would be incurred for the carriage of 
such signal. Pursuant to Sec. 76.57(e), a commercial broadcast station 
which fails to respond to such a notice shall be deemed to be a must-
carry station for the remainder of the current three-year election 
period.
    (l) Exclusive retransmission consent agreements are prohibited. No 
television broadcast station shall make or negotiate any agreement with 
one multichannel video programming distributor for carriage to the 
exclusion of other multichannel video programming distributors.

[[Page 575]]

    (m) A multichannel video programming distributor providing an all-
band FM radio broadcast service (a service that does not involve the 
individual processing of specific broadcast signals) shall obtain 
retransmission consents from all FM radio broadcast stations that are 
included on the service that have transmitters located within 92 
kilometers (57 miles) of the receiving antenna for such service. 
Stations outside of this 92 kilometer (57 miles) radius shall be 
presumed not to be carried in an all-band reception mode but may 
affirmatively assert retransmission consent rights by providing 30 days 
advance notice to the distributor.

    Note 1 to Sec. 76.64: Section 76.1608 provides notification 
requirements for a cable system that changes its technical configuration 
in such a way as to integrate two formerly separate cable systems.

[58 FR 17363, Apr. 2, 1993, as amended at 59 FR 62345, Dec. 5, 1994; 65 
FR 15575, Mar. 23, 2000; 65 FR 53615, Sept. 5, 2000; 66 FR 16553, Mar. 
26, 2001; 67 FR 17015, Apr. 9, 2002; 69 FR 72045, Dec. 10, 2004; 70 FR 
40224, July 13, 2005; 74 FR 69286, Dec. 31, 2009; 80 FR 11330, Mar. 3, 
2015; 83 FR 7626, Feb. 22, 2018; 84 FR 45669, Aug. 30, 2019; 85 FR 
16005, Mar. 19, 2020; 85 FR 22651, Apr. 23, 2020; 85 FR 44217, July 22, 
2020; 86 FR 26186, May 13, 2021]



Sec. 76.65  Good faith and exclusive retransmission consent complaints.

    (a) Duty to negotiate in good faith. Television broadcast stations 
and multichannel video programming distributors shall negotiate in good 
faith the terms and conditions of retransmission consent agreements to 
fulfill the duties established by section 325(b)(3)(C) of the Act; 
provided, however, that it shall not be a failure to negotiate in good 
faith if:
    (1) The television broadcast station proposes or enters into 
retransmission consent agreements containing different terms and 
conditions, including price terms, with different multichannel video 
programming distributors if such different terms and conditions are 
based on competitive marketplace considerations; or
    (2) The multichannel video programming distributor enters into 
retransmission consent agreements containing different terms and 
conditions, including price terms, with different broadcast stations if 
such different terms and conditions are based on competitive marketplace 
considerations. If a television broadcast station or multichannel video 
programming distributor negotiates in accordance with the rules and 
procedures set forth in this section, failure to reach an agreement is 
not an indication of a failure to negotiate in good faith.
    (b) Good faith negotiation--(1) Standards. The following actions or 
practices violate a broadcast television station's or multichannel video 
programming distributor's (the ``Negotiating Entity'') duty to negotiate 
retransmission consent agreements in good faith:
    (i) Refusal by a Negotiating Entity to negotiate retransmission 
consent;
    (ii) Refusal by a Negotiating Entity to designate a representative 
with authority to make binding representations on retransmission 
consent;
    (iii) Refusal by a Negotiating Entity to meet and negotiate 
retransmission consent at reasonable times and locations, or acting in a 
manner that unreasonably delays retransmission consent negotiations;
    (iv) Refusal by a Negotiating Entity to put forth more than a 
single, unilateral proposal;
    (v) Failure of a Negotiating Entity to respond to a retransmission 
consent proposal of the other party, including the reasons for the 
rejection of any such proposal;
    (vi) Execution by a Negotiating Entity of an agreement with any 
party, a term or condition of which, requires that such Negotiating 
Entity not enter into a retransmission consent agreement with any other 
television broadcast station or multichannel video programming 
distributor;
    (vii) Refusal by a Negotiating Entity to execute a written 
retransmission consent agreement that sets forth the full understanding 
of the television broadcast station and the multichannel video 
programming distributor; and
    (viii) Coordination of negotiations or negotiation on a joint basis 
by two or more television broadcast stations in the same local market to 
grant retransmission consent to a multichannel video programming 
distributor, unless such stations are directly or indirectly under 
common de

[[Page 576]]

jure control permitted under the regulations of the Commission.
    (ix) The imposition by a television broadcast station of limitations 
on the ability of a multichannel video programming distributor to carry 
into the local market of such station a television signal that has been 
deemed significantly viewed, within the meaning of Sec. 76.54 of this 
part, or any successor regulation, or any other television broadcast 
signal such distributor is authorized to carry under 47 U.S.C. 338, 339, 
340 or 534, unless such stations are directly or indirectly under common 
de jure control permitted by the Commission.
    (2) Negotiation of retransmission consent between qualified 
multichannel video programming distributor buying groups and large 
station groups. (i) A multichannel video programming distributor may 
satisfy its obligation to negotiate in good faith for retransmission 
consent with a large station group by designating a qualified MVPD 
buying group to negotiate on its behalf, so long as the qualified MVPD 
buying group itself negotiates in good faith in accordance with this 
section.
    (ii) It is a violation of the obligation to negotiate in good faith 
for a qualified MVPD buying group to disclose the prices, terms, or 
conditions of an ongoing negotiation or the final terms of a negotiation 
to a member of the qualified MVPD buying group that is not intending, or 
is unlikely, to enter into the final terms negotiated by the qualified 
MVPD buying group.
    (iii) A large station group has an obligation to negotiate in good 
faith for retransmission consent with a qualified MVPD buying group.
    (A) ``Qualified MVPD buying group'' means an entity that, with 
respect to a negotiation with a large station group for retransmission 
consent--
    (1) Negotiates on behalf of two or more multichannel video 
programming distributors--
    (i) None of which is a multichannel video programming distributor 
that serves more than 500,000 subscribers nationally; and
    (ii) That do not collectively serve more than 25 percent of all 
households served by multichannel video programming distributors in any 
single local market in which the applicable large station group 
operates; and
    (2) Negotiates agreements for such retransmission consent--
    (i) That contain standardized contract provisions, including billing 
structures and technical quality standards, for each multichannel video 
programming distributor on behalf of which the entity negotiates; and
    (ii) Under which the entity assumes liability to remit to the 
applicable large station group all fees received from the multichannel 
video programming distributors on behalf of which the entity negotiates.
    (B) ``Large station group'' means a group of television broadcast 
stations that--
    (1) Are directly or indirectly under common de jure control 
permitted by the regulations of the Commission;
    (2) Generally negotiate agreements for retransmission consent under 
this section as a single entity; and
    (3) Include only television broadcast stations that collectively 
have a national audience reach of more than 20 percent;
    (3) Definitions. For purposes of this section and section 76.64 of 
this subpart, the following definitions apply:
    (i) ``Local market'' has the meaning given such term in 17 U.S.C. 
122(j); and
    (ii) ``Multichannel video programming distributor'' has the meaning 
given such term in 47 U.S.C. 522.
    (4) Totality of the circumstances. In addition to the standards set 
forth in paragraphs (b)(1) and (2) of this section, a Negotiating Entity 
may demonstrate, based on the totality of the circumstances of a 
particular retransmission consent negotiation, that a television 
broadcast station or multichannel video programming distributor breached 
its duty to negotiate in good faith as set forth in paragraph (a) of 
this section.
    (c) Good faith negotiation and exclusivity complaints. Any 
television broadcast station or multichannel video programming 
distributor aggrieved by conduct that it believes constitutes a 
violation of the regulations set forth in this section or Sec. 76.64(l) 
may commence an adjudicatory proceeding at the Commission to obtain 
enforcement of the rules through the filing of a complaint.

[[Page 577]]

The complaint shall be filed and responded to in accordance with the 
procedures specified in Sec. 76.7.
    (d) Burden of proof. In any complaint proceeding brought under this 
section, the burden of proof as to the existence of a violation shall be 
on the complainant.
    (e) Time limit on filing of complaints. Any complaint filed pursuant 
to this subsection must be filed within one year of the date on which 
one of the following events occurs:
    (1) A complainant enters into a retransmission consent agreement 
with a television broadcast station or multichannel video programming 
distributor that the complainant alleges to violate one or more of the 
rules contained in this subpart; or
    (2) A television broadcast station or multichannel video programming 
distributor engages in retransmission consent negotiations with a 
complainant that the complainant alleges to violate one or more of the 
rules contained in this subpart, and such negotiation is unrelated to 
any existing contract between the complainant and the television 
broadcast station or multichannel video programming distributor; or
    (3) The television broadcast station or multichannel video 
programming distributor has denied, unreasonably delayed, or failed to 
acknowledge a request to negotiate retransmission consent in violation 
of one or more of the rules contained in this subpart.

[70 FR 40224, July 13, 2005, as amended at 74 FR 69286, Dec. 31, 2009; 
79 FR 28630, May 19, 2014; 80 FR 11330, Mar. 3, 2015; 85 FR 36801, June 
18, 2020; 85 FR 81812, Dec. 17, 2020; 86 FR 26186, May 13, 2021]



Sec. 76.66  Satellite broadcast signal carriage.

    (a) Definitions--(1) Satellite carrier. A satellite carrier is an 
entity that uses the facilities of a satellite or satellite service 
licensed by the Federal Communications Commission, and operates in the 
Fixed-Satellite Service under part 25 of title 47 of the Code of Federal 
Regulations or the Direct Broadcast Satellite Service under part 100 of 
title 47 of the Code of Federal Regulations, to establish and operate a 
channel of communications for point-to-multipoint distribution of 
television station signals, and that owns or leases a capacity or a 
service on a satellite in order to provide such point-to-multipoint 
distribution, except to the extent that such entity provides such 
distribution pursuant to tariff under the Communications Act of 1934, 
other than for private home viewing.
    (2) Secondary transmission. A secondary transmission is the further 
transmitting of a primary transmission simultaneously with the primary 
transmission.
    (3) Subscriber. A subscriber is a person who receives a secondary 
transmission service from a satellite carrier and pays a fee for the 
service, directly or indirectly, to the satellite carrier or to a 
distributor.
    (4) Television broadcast station. A television broadcast station is 
an over-the-air commercial or noncommercial television broadcast station 
licensed by the Commission under subpart E of part 73 of title 47, Code 
of Federal Regulations, except that such term does not include a low-
power or translator television station.
    (5) Television network. For purposes of this section, a television 
network is an entity which offers an interconnected program service on a 
regular basis for 15 or more hours per week to at least 25 affiliated 
broadcast stations in 10 or more States.
    (6) Local-into-local television service. A satellite carrier is 
providing local-into-local service when it retransmits a local 
television station signal back into the local market of that television 
station for reception by subscribers.
    (b) Signal carriage obligations. (1) Each satellite carrier 
providing, under section 122 of title 17, United States Code, secondary 
transmissions to subscribers located within the local market of a 
television broadcast station of a primary transmission made by that 
station, shall carry upon request the signals of all television 
broadcast stations located within that local market, subject to section 
325(b) of title 47, United States Code, and other paragraphs in this 
section. Satellite carriers are required to carry digital-only stations 
upon request in markets in which the satellite carrier is providing any 
local-

[[Page 578]]

into-local service pursuant to the statutory copyright license.
    (2) A satellite carrier that offers multichannel video programming 
distribution service in the United States to more than 5,000,000 
subscribers shall, no later than December 8, 2005, carry upon request 
the signal originating as an analog signal of each television broadcast 
station that is located in a local market in Alaska or Hawaii; and 
shall, no later than June 8, 2007, carry upon request the signals 
originating as digital signals of each television broadcast station that 
is located in a local market in Alaska or Hawaii. Such satellite carrier 
is not required to carry the signal originating as analog after 
commencing carriage of digital signals on June 8, 2007. Carriage of 
signals originating as digital signals of each television broadcast 
station that is located in a local market in Alaska or Hawaii shall 
include the entire free over-the-air signal, including multicast and 
high definition digital signals.
    (c) Election cycle. In television markets where a satellite carrier 
is providing local-into-local service, a commercial television broadcast 
station may elect either retransmission consent, pursuant to section 325 
of title 47 United States Code, or mandatory carriage, pursuant to 
section 338, title 47 United States Code.
    (1) The first retransmission consent-mandatory carriage election 
cycle shall be for a four-year period commencing on January 1, 2002 and 
ending December 31, 2005.
    (2) The second retransmission consent-mandatory carriage election 
cycle, and all cycles thereafter, shall be for a period of three years 
(e.g. the second election cycle commences on January 1, 2006 and ends at 
midnight on December 31, 2008).
    (3) A commercial television station must notify a satellite carrier, 
by July 1, 2001, of its retransmission consent-mandatory carriage 
election for the first election cycle commencing January 1, 2002.
    (4) Except as provided in paragraphs (c)(6), (d)(2) and (d)(3) of 
this section, local commercial television broadcast stations shall make 
their retransmission consent-mandatory carriage election by October 1st 
of the year preceding the new cycle for all election cycles after the 
first election cycle.
    (5) [Reserved]
    (6) A commercial television broadcast station located in a local 
market in Alaska or Hawaii shall make its retransmission consent-
mandatory carriage election by October 1, 2005, for carriage of its 
signal that originates as an analog signal for carriage commencing on 
December 8, 2005, and by April 1, 2007, for its signal that originates 
as a digital signal for carriage commencing on June 8, 2007 and ending 
on December 31, 2008. For analog and digital signal carriage cycles 
commencing after December 31, 2008, such stations shall follow the 
election cycle in paragraphs (c)(2) and (4). A noncommercial television 
broadcast station located in a local market in Alaska or Hawaii must 
request carriage by October 1, 2005, for carriage of its signal that 
originates as an analog signal for carriage commencing on December 8, 
2005, and by April 1, 2007, for its signal that originates as a digital 
signal for carriage commencing on June 8, 2007 and ending on December 
31, 2008.
    (d) Carriage procedures--(1) Carriage requests. (i) An election for 
mandatory carriage made by a television broadcast station shall be 
treated as a request for carriage. For purposes of this paragraph (d), 
the term election request includes an election of retransmission consent 
or mandatory carriage.
    (ii) Each satellite carrier shall, no later than July 31, 2020, 
provide an up-to-date email address for carriage election notice 
submissions and an up-to-date phone number for carriage-related 
questions. Each satellite carrier is responsible for the continuing 
accuracy and completeness of the information furnished. It must respond 
to questions from broadcasters as soon as is reasonably possible.
    (iii) A station shall send a notice of its election to a satellite 
carrier only if changing its election with respect to one or more of the 
markets served by that carrier. Such notice shall be sent to the email 
address provided by the satellite carrier and carbon copied to 
[email protected].
    (iv) A television station's written notification shall include with 
respect to

[[Page 579]]

each station referenced in the notice, the:
    (A) Call sign;
    (B) Community of license;
    (C) DMA where the station is located;
    (D) Specific change being made in election status;
    (E) Email address for carriage-related questions;
    (F) Phone number for carriage-related questions; and
    (G) Name of the appropriate station contact person.
    (v) A satellite carrier must respond via email as soon as is 
reasonably possible, acknowledging receipt of a television station's 
election notice.
    (vi) Within 30 days of receiving a television station's carriage 
request, and subject to paragraph (d)(2)(ii) of this section, a 
satellite carrier shall notify in writing:
    (A) Those local television stations it will not carry, along with 
the reasons for such a decision; and
    (B) Those local television stations it intends to carry.
    (vii) A satellite carrier is not required to carry a television 
station, for the duration of the election cycle, if the station fails to 
assert its carriage rights by the deadlines established in this section.
    (2) New local-into-local service. (i) A new satellite carrier or a 
satellite carrier providing local service in a market for the first time 
after July 1, 2001, shall inform each television broadcast station 
licensee within any local market in which a satellite carrier proposes 
to commence carriage of signals of stations from that market, not later 
than 60 days prior to the commencement of such carriage
    (A) Of the carrier's intention to launch local-into-local service 
under this section in a local market, the identity of that local market, 
and the location of the carrier's proposed local receive facility for 
that local market;
    (B) Of the right of such licensee to elect carriage under this 
section or grant retransmission consent under section 325(b);
    (C) That such licensee has 30 days from the date of the receipt of 
such notice to make such election; and
    (D) That failure to make such election will result in the loss of 
the right to demand carriage under this section for the remainder of the 
3-year cycle of carriage under section 325.
    (ii) Except as provided in this paragraph (d)(2)(ii), satellite 
carriers shall transmit the notices required by paragraph (d)(2)(i) of 
this section via certified mail to the address for such television 
station licensee listed in the consolidated database system maintained 
by the Commission. After July 31, 2020, the written notices required by 
paragraphs (d)(1)(vi), (d)(2)(i), (v), and (vi), (d)(3)(iv), (d)(5)(i), 
(f)(3) and (4), and (h)(5) of this section shall be delivered 
electronically via email to the email address for carriage-related 
questions that the station lists in its public file in accordance with 
Sec. Sec. 73.3526 and 73.3527 of this title.
    (iii) A satellite carrier with more than five million subscribers 
shall provide the notice as required by paragraphs (d)(2)(i) and (ii) of 
this section to each television broadcast station located in a local 
market in Alaska or Hawaii, not later than March 1, 2007 with respect to 
carriage of digital signals; provided, further, that the notice shall 
also describe the carriage requirements pursuant to 47 U.S.C. 338(a)(4), 
and paragraph (b)(2) of this section.
    (iv) A satellite carrier shall commence carriage of a local station 
by the later of 90 days from receipt of an election of mandatory 
carriage or upon commencing local-into-local service in the new 
television market.
    (v) Within 30 days of receiving a local television station's 
election of mandatory carriage in a new television market, a satellite 
carrier shall notify in writing those local television stations it will 
not carry, along with the reasons for such decision, and those local 
television stations it intends to carry. After July 31, 2020, the 
written notices required by this paragraph (d)(2)(v) shall be delivered 
to stations electronically in accordance with paragraph (d)(2)(ii) of 
this section.
    (vi) Satellite carriers shall notify all local stations in a market 
of their intent to launch HD carry-one, carry-all in that market at 
least 60 days before commencing such carriage. After July 31, 2020, the 
written notices required by

[[Page 580]]

this paragraph (d)(2)(vi) shall be delivered to stations electronically 
in accordance with paragraph (d)(2)(ii) of this section.
    (3) New television stations. (i) A television station providing 
over-the-air service in a market for the first time on or after July 1, 
2001, shall be considered a new television station for satellite 
carriage purposes.
    (ii) A new television station shall make its election request, in 
writing, sent to the satellite carrier's email address provided by the 
satellite carrier and carbon copied to [email protected], between 
60 days prior to commencing broadcasting and 30 days after commencing 
broadcasting. This written notification shall include the information 
required by paragraph (d)(1)(iv) of this section.
    (iii) A satellite carrier shall commence carriage within 90 days of 
receiving the request for carriage from the television broadcast station 
or whenever the new television station provides over-the-air service.
    (iv) Within 30 days of receiving a new television station's election 
of mandatory carriage, a satellite carrier shall notify the station in 
writing that it will not carry the station, along with the reasons for 
such decision, or that it intends to carry the station. After July 31, 
2020, the written notices required by this paragraph (d)(3)(iv) shall be 
delivered to stations electronically in accordance with paragraph 
(d)(2)(ii) of this section.
    (4) Television broadcast stations must send election requests as 
provided in paragraphs (d)(1), (2), and (3) of this section on or before 
the relevant deadline.
    (5) Elections in markets in which significantly viewed signals are 
carried. (i) Beginning with the election cycle described in paragraph 
(c)(2) of this section, the retransmission of significantly viewed 
signals pursuant to Sec. 76.54 by a satellite carrier that provides 
local-into-local service is subject to providing the notifications to 
stations in the market pursuant to paragraphs (d)(5)(i)(A) and (B) of 
this section, unless the satellite carrier was retransmitting such 
signals as of the date these notifications were due. After July 31, 
2020, the written notices required by this paragraph (d)(5)(i) shall be 
delivered to stations electronically in accordance with paragraph 
(d)(2)(ii) of this section.
    (A) In any local market in which a satellite carrier provided local-
into-local service on December 8, 2004, at least 60 days prior to any 
date on which a station must make an election under paragraph (c) of 
this section, identify each affiliate of the same television network 
that the carrier reserves the right to retransmit into that station's 
local market during the next election cycle and the communities into 
which the satellite carrier reserves the right to make such 
retransmissions;
    (B) In any local market in which a satellite carrier commences 
local-into-local service after December 8, 2004, at least 60 days prior 
to the commencement of service in that market, and thereafter at least 
60 days prior to any date on which the station must thereafter make an 
election under Sec. 76.66(c) or (d)(2), identify each affiliate of the 
same television network that the carrier reserves the right to 
retransmit into that station's local market during the next election 
cycle.
    (ii) A television broadcast station located in a market in which a 
satellite carrier provides local-into-local television service may elect 
either retransmission consent or mandatory carriage for each county 
within the station's local market if the satellite carrier provided 
notice to the station, pursuant to paragraph (d)(5)(i) of this section, 
that it intends to carry during the next election cycle, or has been 
carrying on the date notification was due, in the station's local market 
another affiliate of the same network as a significantly viewed signal 
pursuant to Sec. 76.54.
    (iii) A television broadcast station that elects mandatory carriage 
for one or more counties in its market and elects retransmission consent 
for one or more other counties in its market pursuant to paragraph 
(d)(5)(ii) of this section shall conduct a unified negotiation for the 
entire portion of its local market for which retransmission consent is 
elected.
    (iv) A television broadcast station that receives a notification 
from a satellite carrier pursuant to paragraph

[[Page 581]]

(d)(5)(i) of this section with respect to an upcoming election cycle may 
choose either retransmission consent or mandatory carriage for any 
portion of the 3-year election cycle that is not covered by an existing 
retransmission consent agreement.
    (6) Carriage after a market modification. Television broadcast 
stations that become eligible for mandatory carriage with respect to a 
satellite carrier (pursuant to Sec. 76.66) due to a change in the 
market definition (by operation of a market modification pursuant to 
Sec. 76.59) may, within 30 days of the effective date of the new 
definition, elect retransmission consent or mandatory carriage with 
respect to such carrier. A satellite carrier shall commence carriage 
within 90 days of receiving the carriage election from the television 
broadcast station. The election must be made in accordance with the 
requirements in paragraph (d)(1) of this section.
    (e) Market definitions. (1) A local market, in the case of both 
commercial and noncommercial television broadcast stations, is the 
designated market area in which a station is located, unless such market 
is amended pursuant to Sec. 76.59, and
    (i) In the case of a commercial television broadcast station, all 
commercial television broadcast stations licensed to a community within 
the same designated market area within the same local market; and
    (ii) In the case of a noncommercial educational television broadcast 
station, the market includes any station that is licensed to a community 
within the same designated market area as the noncommercial educational 
television broadcast station.
    (2) A designated market area is the market area, as determined by 
Nielsen Media Research and published in the 1999-2000 Nielsen Station 
Index Directory and Nielsen Station Index United States Television 
Household Estimates, the October 2021 Nielsen Local TV Station 
Information Report, or any successor publication. In the case of areas 
outside of any designated market area, any census area, borough, or 
other area in the State of Alaska that is outside of a designated market 
area, as determined by Nielsen Media Research, shall be deemed to be 
part of one of the local markets in the State of Alaska.
    (3) A satellite carrier shall use the October 2021 Nielsen Local TV 
Station Information for the retransmission consent-mandatory carriage 
election cycle commencing on January 1, 2024 and ending on December 31, 
2027. The October 2024 Nielsen Local TV Station Information Report shall 
be used for the retransmission consent-mandatory carriage election cycle 
commencing January 1, 2028, and ending December 31, 2030, and so forth 
using the publications for the October two years prior to each triennial 
election pursuant to this section. Provided, however, that a county 
deleted from a market by Nielsen need not be subtracted from a market in 
which a satellite carrier provides local-into-local service, if that 
county is assigned to that market in the 1999-2000 Nielsen Station Index 
Directory or any subsequent issue of that publication, or the Local TV 
Station Information Report commencing with October 2021, and every three 
years thereafter (i.e., October 2024, October 2027, etc.). A satellite 
carrier may determine which local market in the State of Alaska will be 
deemed to be the relevant local market in connection with each 
subscriber in an area in the State of Alaska that is outside of a 
designated market, as described in paragraph (e)(2) of this section.
    (4) A local market includes all counties to which stations assigned 
to that market are licensed.
    (f) Receive facilities. (1) A local receive facility is the 
reception point in each local market which a satellite carrier 
designates for delivery of the signal of the station for purposes of 
retransmission.
    (2) A satellite carrier may establish another receive facility to 
serve a market if the location of such a facility is acceptable to at 
least one-half the stations with carriage rights in that market.
    (3) Except as provided in paragraph (d)(2) of this section, a 
satellite carrier providing local-into-local service must notify local 
television stations of the location of the receive facility by June 1, 
2001 for the first election cycle and

[[Page 582]]

at least 120 days prior to the commencement of all election cycles 
thereafter. After July 31, 2020, the written notices required by this 
paragraph (f)(3) shall be delivered to stations electronically in 
accordance with paragraph (d)(2)(ii) of this section.
    (4) A satellite carrier may relocate its local receive facility at 
the commencement of each election cycle. A satellite carrier is also 
permitted to relocate its local receive facility during the course of an 
election cycle, if it bears the signal delivery costs of the television 
stations affected by such a move. A satellite carrier relocating its 
local receive facility must provide 60 days notice to all local 
television stations carried in the affected television market. After 
July 31, 2020, the written notices required by this paragraph (f)(4) 
shall be delivered to stations electronically in accordance with 
paragraph (d)(2)(ii) of this section.
    (g) Good quality signal. (1) A television station asserting its 
right to carriage shall be required to bear the costs associated with 
delivering a good quality signal to the designated local receive 
facility of the satellite carrier or to another facility that is 
acceptable to at least one-half the stations asserting the right to 
carriage in the local market.
    (2) To be considered a good quality signal for satellite carriage 
purposes, a television station shall deliver to the local receive 
facility of a satellite carrier either a signal level of -45dBm for UHF 
signals or -49dBm for VHF signals at the input terminals of the signal 
processing equipment.
    (3) A satellite carrier is not required to carry a television 
station that does not agree to be responsible for the costs of 
delivering a good quality signal to the receive facility.
    (h) Duplicating signals. (1) A satellite carrier shall not be 
required to carry upon request the signal of any local television 
broadcast station that substantially duplicates the signal of another 
local television broadcast station which is secondarily transmitted by 
the satellite carrier within the same local market, or the signals of 
more than one local commercial television broadcast station in a single 
local market that is affiliated with a particular television network 
unless such stations are licensed to communities in different States.
    (2) A satellite carrier may select which duplicating signal in a 
market it shall carry.
    (3) A satellite carrier may select which network affiliate in a 
market it shall carry.
    (4) A satellite carrier is permitted to drop a local television 
station whenever that station meets the substantial duplication criteria 
set forth in this paragraph. A satellite carrier must add a television 
station to its channel line-up if such station no longer duplicates the 
programming of another local television station.
    (5) A satellite carrier shall provide notice to its subscribers, and 
to the affected television station, whenever it adds or deletes a 
station's signal in a particular local market pursuant to this paragraph 
(h)(5). After July 31, 2020, the required notice to the affected 
television station shall be delivered to the station electronically in 
accordance with paragraph (d)(2)(ii) of this section.
    (6) A commercial television station substantially duplicates the 
programming of another commercial television station if it 
simultaneously broadcasts the identical programming of another station 
for more than 50 percent of the broadcast week.
    (7) A noncommercial television station substantially duplicates the 
programming of another noncommercial station if it simultaneously 
broadcasts the same programming as another noncommercial station for 
more than 50 percent of prime time, as defined by Sec. 76.5(n), and 
more than 50 percent outside of prime time over a three month period, 
Provided, however, that after three noncommercial television stations 
are carried, the test of duplication shall be whether more than 50 
percent of prime time programming and more than 50 percent outside of 
prime time programming is duplicative on a non-simultaneous basis.
    (i) Channel positioning. (1) No satellite carrier shall be required 
to provide the signal of a local television broadcast station to 
subscribers in that station's local market on any particular channel 
number or to provide the signals in any

[[Page 583]]

particular order, except that the satellite carrier shall retransmit the 
signal of the local television broadcast stations to subscribers in the 
stations' local market on contiguous channels.
    (2) The television stations subject to this paragraph include those 
carried under retransmission consent.
    (3) All local television stations carried under mandatory carriage 
in a particular television market must be offered to subscribers at 
rates comparable to local television stations carried under 
retransmission consent in that same market.
    (4) Within a market, no satellite carrier shall provide local-into-
local service in a manner that requires subscribers to obtain additional 
equipment at their own expense or for an additional carrier charge in 
order to obtain one or more local television broadcast signals if such 
equipment is not required for the receipt of other local television 
broadcast signals.
    (5) All television stations carried under mandatory carriage, in a 
particular market, shall be presented to subscribers in the same manner 
as television stations that elected retransmission consent, in that same 
market, on any navigational device, on-screen program guide, or menu 
provided by the satellite carrier.
    (j) Manner of carriage. (1) Each television station carried by a 
satellite carrier, pursuant to this section, shall include in its 
entirety the primary video, accompanying audio, and closed captioning 
data contained in line 21 of the vertical blanking interval and, to the 
extent technically feasible, program-related material carried in the 
vertical blanking interval or on subcarriers. For noncommercial 
educational television stations, a satellite carrier must also carry any 
program-related material that may be necessary for receipt of 
programming by persons with disabilities or for educational or language 
purposes. Secondary audio programming must also be carried. Where 
appropriate and feasible, satellite carriers may delete signal 
enhancements, such as ghost-canceling, from the broadcast signal and 
employ such enhancements at the local receive facility.
    (2) A satellite carrier, at its discretion, may carry any ancillary 
service transmission on the vertical blanking interval or the aural 
baseband of any television broadcast signal, including, but not limited 
to, multichannel television sound and teletext.
    (k) Material degradation. (1) Each local television station whose 
signal is carried under mandatory carriage shall, to the extent 
technically feasible and consistent with good engineering practice, be 
provided with the same quality of signal processing provided to 
television stations electing retransmission consent, including carriage 
of HD signals in HD if any local station in the same market is carried 
in HD. A satellite carrier is permitted to use reasonable digital 
compression techniques in the carriage of local television stations.
    (2) Satellite carriers must provide carriage of local stations' HD 
signals if any local station in the same market is carried in HD, 
pursuant to the following schedule:
    (i) In at least 15% of the markets in which they carry any station 
pursuant to the statutory copyright license in HD by February 17, 2010;
    (ii) In at least 30% of the markets in which they carry any station 
pursuant to the statutory copyright license in HD no later than February 
17, 2011;
    (iii) In at least 60% of the markets in which they carry any station 
pursuant to the statutory copyright license in HD no later than February 
17, 2012; and
    (iv) In 100% of the markets in which they carry any station pursuant 
to the statutory copyright license in HD by February 17, 2013.
    (l) Compensation for carriage. (1) A satellite carrier shall not 
accept or request monetary payment or other valuable consideration in 
exchange either for carriage of local television broadcast stations in 
fulfillment of the mandatory carriage requirements of this section or 
for channel positioning rights provided to such stations under this 
section, except that any such station may be required to bear the costs 
associated with delivering a good quality signal to the receive facility 
of the satellite carrier.

[[Page 584]]

    (2) A satellite carrier may accept payments from a station pursuant 
to a retransmission consent agreement.
    (m) Remedies. (1) Whenever a local television broadcast station 
believes that a satellite carrier has failed to meet its obligations 
under this section, such station shall notify the carrier, in writing, 
of the alleged failure and identify its reasons for believing that the 
satellite carrier failed to comply with such obligations.
    (2) The satellite carrier shall, within 30 days after such written 
notification, respond in writing to such notification and comply with 
such obligations or state its reasons for believing that it is in 
compliance with such obligations.
    (3) A local television broadcast station that disputes a response by 
a satellite carrier that it is in compliance with such obligations may 
obtain review of such denial or response by filing a complaint with the 
Commission, in accordance with Sec. 76.7 of title 47, Code of Federal 
Regulations. Such complaint shall allege the manner in which such 
satellite carrier has failed to meet its obligations and the basis for 
such allegations.
    (4) The satellite carrier against which a complaint is filed is 
permitted to present data and arguments to establish that there has been 
no failure to meet its obligations under this section.
    (5) The Commission shall determine whether the satellite carrier has 
met its obligations under this section. If the Commission determines 
that the satellite carrier has failed to meet such obligations, the 
Commission shall order the satellite carrier to take appropriate 
remedial action. If the Commission determines that the satellite carrier 
has fully met the requirements of this section, it shall dismiss the 
complaint.
    (6) The Commission will not accept any complaint filed later than 60 
days after a satellite carrier, either implicitly or explicitly, denies 
a television station's carriage request.
    (n) Channel sharing carriage rights. A broadcast television station 
that voluntarily relinquishes spectrum usage rights under Sec. 73.3700 
of this chapter in order to share a television channel and 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 such location if it were not 
sharing a channel.
    (o) Next Gen TV carriage rights. (1) A broadcast television station 
that chooses to deploy Next Gen TV service, see Sec. 73.682(f) of this 
chapter, may assert mandatory carriage rights under this section only 
with respect to its ATSC 1.0 signal and may not assert mandatory 
carriage rights with respect to its ATSC 3.0 signal.
    (2) With respect to a Next Gen TV station that moves its 1.0 
simulcast signal to a host station's (i.e., a station whose facilities 
are being used to transmit programming originated by another station) 
facilities, the station may assert mandatory carriage rights under this 
section only if it:
    (i) Qualified for, and has been exercising, mandatory carriage 
rights at its original location; and
    (ii) Continues to qualify for mandatory carriage at the host 
station's facilities, including (but not limited to) delivering a good 
quality 1.0 signal to the satellite carrier local receive facility, or 
agreeing to be responsible for the costs of delivering such 1.0 signal 
to the satellite carrier.

[66 FR 7430, Jan. 23, 2001, as amended at 66 FR 49135, Sept. 26, 2001; 
70 FR 21670, Apr. 27, 2005; 70 FR 51668, Aug. 31, 2005; 70 FR 53079, 
Sept. 7, 2005; 73 FR 24508, May 5, 2008; 77 FR 30426, May 23, 2012; 80 
FR 59664, Oct. 2, 2015; 83 FR 5028, Feb. 2, 2018; 84 FR 45669, Aug. 30, 
2019; 85 FR 16005, Mar. 20, 2020; 87 FR 74988, Dec. 7, 2022]

    Effective Date Note: At 88 FR 62472, Sept. 12, 2023, Sec. 76.66 was 
amended by revising paragraph (e)(3), effective Oct. 12, 2023. For the 
convenience of the user, the revised text is set forth as follows:



Sec. 76.66  Satellite broadcast signal carriage.

                                * * * * *

    (e) * * *
    (3) A satellite carrier shall use the October 2021 Nielsen Local TV 
Station Information for the retransmission consent-mandatory carriage 
election cycle commencing on January 1, 2024, and ending on December 31, 
2026. The October 2024 Nielsen Local TV Station

[[Page 585]]

Information Report shall be used for the retransmission consent-
mandatory carriage election cycle commencing January 1, 2027, and ending 
December 31, 2029, and so forth using the publications for the October 
two years prior to each triennial election pursuant to this section. 
Provided, however, that a county deleted from a market by Nielsen need 
not be subtracted from a market in which a satellite carrier provides 
local-into-local service, if that county is assigned to that market in 
the 1999-2000 Nielsen Station Index Directory or any subsequent issue of 
that publication, or the Local TV Station Information Report commencing 
with October 2021, and every three years thereafter (i.e., October 2024, 
October 2027, etc.). A satellite carrier may determine which local 
market in the State of Alaska will be deemed to be the relevant local 
market in connection with each subscriber in an area in the State of 
Alaska that is outside of a designated market, as described in paragraph 
(e)(2) of this section.

                                * * * * *



Sec. 76.70  Exemption from input selector switch rules.

    (a) In any case of cable systems serving communities where no 
portion of the community is covered by the predicted Grade B contour of 
at least one full service broadcast television station, or non-
commercial educational television translator station operating with 5 or 
more watts output power and where the signals of no such broadcast 
stations are ``significantly viewed'' in the county where such a cable 
system is located, the cable system shall be exempt from the provisions 
of Sec. 76.66. Cable systems may be eligible for this exemption where 
they demonstrate with engineering studies prepared in accordance with 
Sec. 73.686 of this chapter or other showings that broadcast signals 
meeting the above criteria are not actually viewable within the 
community.
    (b) Where a new full service broadcast television station, or new 
non-commercial educational television translator station with 5 or more 
watts, or an existing such station of either type with newly upgraded 
facilities provides predicted Grade B service to a community served by a 
cable system previously exempt under paragraph (a) of this section, or 
the signal of any such broadcast station is newly determined to be 
``significantly viewed'' in the county where such a cable system is 
located, the cable system at that time is required to comply fully with 
the provisions of Sec. 76.66. Cable systems may retain their exemption 
under paragraph (a) of this section where they demonstrate with 
engineering studies prepared in accordance with Sec. 73.686 of this 
chapter or other showings that broadcast signals meeting the above 
criteria are not actually viewable within the community.

[54 FR 25716, June 19, 1989]



           Subpart E_Equal Employment Opportunity Requirements

    Source: 50 FR 40855, Oct. 7, 1985, unless otherwise noted.



Sec. 76.71  Scope of application.

    (a) The provisions of this subpart shall apply to any corporation, 
partnership, association, joint-stock company, or trust engaged 
primarily in the management or operation of any cable system. Cable 
entities subject to these provisions include those systems defined in 
Sec. 76.5(a), all satellite master antenna television systems serving 
50 or more subscribers, and any multichannel video programming 
distributor. For purposes of the provisions of this subpart, a 
multichannel video programming distributor is an entity such as, but not 
limited to, a cable operator, a BRS/EBS provider, a direct broadcast 
satellite service, a television receive-only satellite program 
distributor, or a video dialtone program service provider, who makes 
available for purchase, by subscribers or customers, multiple channels 
of video programming, whether or not a licensee. Multichannel video 
programming distributors do not include any entity which lacks control 
over the video programming distributed. For purposes of this subpart, an 
entity has control over the video programming it distributes, if it 
selects video programming channels or programs and determines how they 
are presented for sale to consumers. Nothwithstanding the foregoing, the 
regulations in this subpart are not applicable to the owners or 
originators (of programs or channels of programming) that distribute six 
or

[[Page 586]]

fewer channels of commonly-owned video programming over a leased 
transport facility. For purposes of this subpart, programming services 
are ``commonly-owned'' if the same entity holds a majority of the stock 
(or is a general partner) of each program service.
    (b) Employment units. The provisions of this subpart shall apply to 
cable entities as employment units. Each cable entity may be considered 
a separate employment unit; however, where two or more cable entities 
are under common ownership or control and are interrelated in their 
local management, operation, and utilization of employees, they shall 
constitute a single employment unit.
    (c) Headquarters office. A multiple cable operator shall treat as a 
separate employment unit each headquarters office to the extent the work 
of that office is primarily related to the operation of more than one 
employment unit as described in paragraph (b) of this section.

[50 FR 40855, Oct. 7, 1985, as amended at 58 FR 42250, Aug. 9, 1993; 69 
FR 72045, Dec. 10, 2004]



Sec. 76.73  General EEO policy.

    (a) Equal opportunity in employment shall be afforded by each cable 
entity to all qualified persons, and no person shall be discriminated 
against in employment by such entity because of race, color, religion, 
national origin, age or sex.
    (b) Each employment unit shall establish, maintain, and carry out a 
positive continuing program of specific practices designed to assure 
equal opportunity to every aspect of cable system employment policy and 
practice. Under the terms of its program, an employment unit shall:
    (1) Define the responsibility of each level of management to ensure 
a positive application and vigorous enforcement of its policy of equal 
opportunity, and establish a procedure to review and control managerial 
and supervisory performance;
    (2) Inform its employees and recognized employee organizations of 
the positive equal employment opportunity policy and program and enlist 
their cooperation;
    (3) Communicate its equal employment opportunity policy and progam 
and its employment needs to sources of qualified applicants without 
regard to race, color, religion, national origin, age or sex, and 
solicit their recruitment assistance on a continuing basis;
    (4) Conduct a continuing program to exclude every form of prejudice 
or discrimination based upon race, color, religion, national origin, age 
or sex from its personnel policies and practices and working conditions; 
and
    (5) Conduct a continuing review of job structure and employment 
practices and adopt positive recruitment, training, job design, and 
other measures needed to ensure genuine equality of opportunity to 
participate fully in all organizational units, occupations, and levels 
of responsibility.



Sec. 76.75  Specific EEO program requirements.

    Under the terms of its program, an employment unit must:
    (a) Disseminate its equal employment opportunity program to job 
applicants, employees, and those with whom it regularly does business. 
For example, this requirement may be met by:
    (1) Posting notices in the employment unit's office and places of 
employment informing employees, and applicants for employment, of their 
equal employment opportunity rights, and their right to notify the Equal 
Employment Opportunity Commission, the Federal Communications 
Commission, or other appropriate agency, if they believe they have been 
discriminated against. Where a significant percentage of employees, 
employment applicants, or residents of the community of a cable 
television system of the relevant labor area are Hispanic, such notices 
should be posted in Spanish and English. Similar use should be made of 
other languages in such posted equal employment opportunity notices, 
where appropriate;
    (2) Placing a notice in bold type on the employment application 
informing prospective employees that discrimination because of race, 
color, religion, national origin, age or sex is prohibited and that they 
may notify the Equal Employment Opportunity Commission, the Federal 
Communications Commission, or other appropriate agency if

[[Page 587]]

they believe they have been discriminated against.
    (b) Establish, maintain and carry out a positive continuing program 
of outreach activities designed to ensure equal opportunity and 
nondiscrimination in employment. The following activities shall be 
undertaken by each employment unit:
    (1) Recruit for every full-time job vacancy in its operation. A job 
filled by an internal promotion is not considered a vacancy for which 
recruitment is necessary. Nothing in this section shall be interpreted 
to require a multichannel video programming distributor to grant 
preferential treatment to any individual or group based on race, 
national origin, color, religion, age, or gender.
    (i) An employment unit shall use recruitment sources for each 
vacancy sufficient in its reasonable, good faith judgment to widely 
disseminate information concerning the vacancy.
    (ii) In addition to using such recruitment sources, a multichannel 
video programming distributor employment unit shall provide notification 
of each full-time vacancy to any organization that distributes 
information about employment opportunities to job seekers or refers job 
seekers to employers, upon request by such organization. To be entitled 
to notice of vacancies, the requesting organization must provide the 
multichannel video programming distributor employment unit with its 
name, mailing address, e-mail address (if applicable), telephone number, 
and contact person, and identify the category or categories of vacancies 
of which it requests notice. (An organization may request notice of all 
vacancies).
    (2) Engage in at least two (if the unit has more than ten full-time 
employees and is not located in a smaller market) or one (if the unit 
has six to ten full-time employees and/or is located, in whole or in 
part, in a smaller market) of the following initiatives during each 
twelve-month period preceding the filing of an EEO program annual 
report:
    (i) Participation in at least two job fairs by unit personnel who 
have substantial responsibility in the making of hiring decisions;
    (ii) Hosting of at least one job fair;
    (iii) Co-sponsoring at least one job fair with organizations in the 
business and professional community whose membership includes 
substantial participation of women and minorities;
    (iv) Participation in at least two events sponsored by organizations 
representing groups present in the community interested in multichannel 
video programming distributor employment issues, including conventions, 
career days, workshops, and similar activities;
    (v) Establishment of an internship program designed to assist 
members of the community in acquiring skills needed for multichannel 
video programming distributor employment;
    (vi) Participation in job banks, Internet programs, and other 
programs designed to promote outreach generally (i.e., that are not 
primarily directed to providing notification of specific job vacancies);
    (vii) Participation in a scholarship program designed to assist 
students interested in pursuing a career in multichannel video 
programming communications;
    (viii) Establishment of training programs designed to enable unit 
personnel to acquire skills that could qualify them for higher level 
positions;
    (ix) Establishment of a mentoring program for unit personnel;
    (x) Participation in at least two events or programs sponsored by 
educational institutions relating to career opportunities in 
multichannel video programming communications;
    (xi) Sponsorship of at least one event in the community designed to 
inform and educate members of the public as to employment opportunities 
in multichannel video programming communications;
    (xii) Listing of each upper-level category opening in a job bank or 
newsletter of media trade groups whose membership includes substantial 
participation of women and minorities;
    (xiii) Provision of assistance to unaffiliated non-profit entities 
in the maintenance of web sites that provide counseling on the process 
of searching for

[[Page 588]]

multichannel video programming employment and/or other career 
development assistance pertinent to multichannel video programming 
communications;
    (xiv) Provision of training to management level personnel as to 
methods of ensuring equal employment opportunity and preventing 
discrimination;
    (xv) Provision of training to personnel of unaffiliated non-profit 
organizations interested in multichannel video programming employment 
opportunities that would enable them to better refer job candidates for 
multichannel video programming positions;
    (xvi) Participation in other activities reasonably calculated by the 
unit to further the goal of disseminating information as to employment 
opportunities in multichannel video programming to job candidates who 
might otherwise be unaware of such opportunities.
    (c) Retain records sufficient to document that it has satisfied the 
requirements of paragraphs (b)(1) and (b)(2) of this section. Such 
records, which may be maintained in an electronic format, shall be 
retained for a period of seven years. Such records need not be submitted 
to the Commission unless specifically requested. The following records 
shall be maintained:
    (1) Listings of all full-time job vacancies filled by the cable 
employment unit, identified by job title;
    (2) For each such vacancy, the recruitment sources utilized to fill 
the vacancy (including, if applicable, organizations entitled to 
notification pursuant to paragraph (b)(1)(ii) of this section, which 
should be separately identified), identified by name, address, contact 
person, and telephone number;
    (3) Dated copies of all advertisements, bulletins, letters, faxes, 
e-mails, or other communications announcing job vacancies;
    (4) Documentation necessary to demonstrate performance of the 
initiatives required by paragraph (b)(2) of this section, if applicable, 
including information sufficient to fully disclose the nature of the 
initiative and the scope of the unit's participation, including the unit 
personnel involved;
    (5) The total number of interviewees for each vacancy and the 
referral sources for each interviewee; and
    (6) The date each vacancy was filled and the recruitment source that 
referred the hiree.
    (d) Undertake to offer promotions of minorities and women in a non-
discriminatory fashion to positions of greater responsibility. For 
example, this requirement may be met by:
    (1) Instructing those who make decisions on placement and promotion 
that minority employees and females are to be considered without 
discrimination, and that job areas in which there is little or no 
minority or female representation should be reviewed to determine 
whether this results from discrimination;
    (2) Giving minority groups and female employees equal opportunity 
for positions which lead to higher positions. Inquiring as to the 
interest and skills of all lower paid employees with respect to any of 
the higher paid positions, followed by assistance, counselling, and 
effective measures to enable employees with interest and potential to 
qualify themselves for such positions;
    (3) Providing opportunity to perform overtime work on a basis that 
does not discriminate against qualified minority group or female 
employees.
    (e) Encourage minority and female entrepreneurs to conduct business 
with all parts of its operation. For example, this requirement may be 
met by:
    (1) Recruiting as wide as possible a pool of qualified entrepreneurs 
from sources such as employee referrals, community groups, contractors, 
associations, and other sources likely to be representative of minority 
and female interests.
    (f) A multichannel video programming distributor shall analyze its 
recruitment program on an ongoing basis to ensure that it is effective 
in achieving broad outreach, and address any problems found as a result 
of its analysis.
    (g) Analyze on an ongoing basis its efforts to recruit, hire, 
promote and use services without discrimination on the basis of race, 
national origin, color, religion, age, or sex and explain any

[[Page 589]]

difficulties encountered in implementing its equal employment 
opportunity program. For example, this requirement may be met by:
    (1) Where union agreements exist, cooperating with the union or 
unions in the development of programs to ensure all persons equal 
opportunity for employment, and including an effective nondiscrimination 
clause in new or renegotiated union agreements;
    (2) Reviewing seniority practices to ensure that such practices are 
nondiscriminatory;
    (3) Examining rates of pay and fringe benefits for employees having 
the same duties, and eliminating any inequities based upon race, 
national origin, color, religion, age, or sex discrimination;
    (4) Evaluating the recruitment program to ensure that it is 
effective in achieving a broad outreach to potential applicants.
    (5) Utilizing media for recruitment purposes in a manner that will 
contain no indication, either explicit or implicit, of a preference for 
one race, national origin, color, religion, age, or sex over another; 
and
    (6) Avoiding the use of selection techniques or tests that have the 
effect of discriminating against qualified minority groups or women.
    (h) A full-time employee is a permanent employee whose regular work 
schedule is 30 hours per week or more.
    (i) The provisions of paragraphs (b)(1)(ii), (b)(2), (c), and (f) of 
this section shall not apply to multichannel video programming 
distributor employment units that have fewer than six full-time 
employees.
    (j) For the purposes of this rule, a smaller market includes 
metropolitan areas as defined by the Office of Management and Budget 
with a population of fewer than 250,000 persons and areas outside of all 
metropolitan areas as defined by the Office of Management and Budget.

[50 FR 40855, Oct. 7, 1985, as amended at 65 FR 7457, Feb. 15, 2000; 68 
FR 691, Jan. 7, 2003]



Sec. 76.77  Reporting requirements and enforcement.

    (a) EEO program annual reports. Information concerning a unit's 
compliance with the EEO recruitment requirements shall be filed by each 
employment unit with six or more full-time employees on FCC Form 396-C 
on or before September 30 of each year. If a multichannel video 
programming distributor acquires a unit during the twelve months covered 
by the EEO program annual report, the recruitment activity in the report 
shall cover the period starting with the date the entity acquired the 
unit.
    (b) Certification of Compliance. The Commission will use the 
recruitment information submitted on a unit's EEO program annual report 
to determine whether the unit is in compliance with the provisions of 
this subpart. Units found to be in compliance with these rules will 
receive a Certificate of Compliance. Units found not to be in compliance 
will receive notice that they are not certified for a given year.
    (c) Investigations. The Commission will investigate each unit at 
least once every five years. Employment units are required to submit 
supplemental investigation information with their regular EEO program 
annual reports in the years they are investigated. If an entity acquires 
a unit during the period covered by the supplemental investigation, the 
information submitted by the unit as part of the investigation shall 
cover the period starting with the date the operator acquired the unit. 
The supplemental investigation information shall include a copy of the 
unit's EEO public file report for the preceding year.
    (d) Records and inquiries. Employment units subject to this subpart 
shall maintain records of their recruitment activity in accordance with 
Sec. 76.75 to demonstrate whether they are in compliance with the EEO 
rules. Units shall ensure that they maintain records sufficient to 
verify the accuracy of information provided in their EEO program annual 
reports and the supplemental investigation responses required by Sec. 
76.1702 to be kept in a unit's public file. To determine compliance with 
the EEO rules, the Commission may conduct inquiries of employment units 
at random or if the Commission has evidence of a possible violation of 
the EEO rules. Upon request, employment units shall make records 
available to the Commission for its review.

[[Page 590]]

    (e) Public complaints. The public may file complaints based on EEO 
program annual reports, supplemental investigation information, or the 
contents of a unit's public file.
    (f) Sanctions and remedies. The Commission may issue appropriate 
sanctions and remedies for any violation of the EEO rules.

[68 FR 692, Jan. 7, 2003]



Sec. 76.79  Records available for public inspection.

    A copy of every annual employment report, and any other employment 
report filed with the Commission, and complaint report that has been 
filed with the Commission, and copies of all exhibits, letters, and 
other documents filed as part thereof, all amendments thereto, all 
correspondence between the cable entity and the Commission pertaining to 
the reports after they have been filed in all documents incorporated 
therein by reference, unless specifically exempted from the requirement, 
are open for public inspection at the offices of the Commission in 
Washington, DC.

    Note to Sec. 76.59: Cable operators must also comply with the 
public file requirements Sec. 76.1702.

[65 FR 7459, Feb. 15, 2000]



Subpart F_Network Non-duplication Protection, Syndicated Exclusivity and 
                             Sports Blackout

    Source: 65 FR 68101, Nov. 14, 2000, unless otherwise noted.



Sec. 76.92  Cable network non-duplication; extent of protection.

    (a) Upon receiving notification pursuant to Sec. 76.94, a cable 
community unit located in whole or in part within the geographic zone 
for a network program, the network non-duplication rights to which are 
held by a commercial television station licensed by the Commission, 
shall not carry that program as broadcast by any other television 
signal, except as otherwise provided below.
    (b) For purposes of this section, the order of nonduplication 
priority of television signals carried by a community unit is as 
follows:
    (1) First, all television broadcast stations within whose specified 
zone the community of the community unit is located, in whole or in 
part;
    (2) Second, all smaller market television broadcast stations within 
whose secondary zone the community of the community unit is located, in 
whole or in part.
    (c) For purposes of this section, all noncommercial educational 
television broadcast stations licensed to a community located in whole 
or in part within a major television market as specified in Sec. 76.51 
shall be treated in the same manner as a major market commercial 
television broadcast station, and all noncommercial educational 
television broadcast stations not licensed to a community located in 
whole or in part within a major television market shall be treated in 
the same manner as a smaller market television broadcast station.
    (d) Any community unit operating in a community to which a 100-watt 
or higher power translator is located within the predicted Grade B 
signal contour of the television broadcast station that the translator 
station retransmits, and which translator is carried by the community 
unit shall, upon request of such translator station licensee or 
permittee, delete the duplicating network programming of any television 
broadcast station whose reference point (See Sec. 76.53) is more than 
88.5 km (55 miles) from the community of the community unit.
    (e) Any community unit which operates in a community located in 
whole or in part within the secondary zone of a smaller market 
television broadcast station is not required to delete the duplicating 
network programming of any major market television broadcast station 
whose reference point (See Sec. 76.53) is also within 88.5 km (55 
miles) of the community of the community unit.
    (f) A community unit is not required to delete the duplicating 
network programming of any television broadcast station which is 
significantly viewed in the cable television community pursuant to Sec. 
76.54.

[[Page 591]]

    (g) A community unit is not required to delete the duplicating 
network programming of any qualified NCE television broadcast station 
that is carried in fulfillment of the cable television system's 
mandatory signal carriage obligations, pursuant to Sec. 76.56.

    Note: With respect to network programming, the geographic zone 
within which the television station is entitled to enforce network non-
duplication protection and priority of shall be that geographic area 
agreed upon between the network and the television station. In no event 
shall such rights exceed the area within which the television station 
may acquire broadcast territorial exclusivity rights as defined in Sec. 
73.658(m) of this Chapter, except that small market television stations 
shall be entitled to a secondary protection zone of 32.2 additional 
kilometers (20 additional miles). To the extent rights are obtained for 
any hyphenated market named in Sec. 76.51, such rights shall not exceed 
those permitted under Sec. 73.658(m) of this Chapter for each named 
community in that market.



Sec. 76.93  Parties entitled to network non-duplication protection.

    Television broadcast station licensees shall be entitled to exercise 
non-duplication rights pursuant to Sec. 76.92 in accordance with the 
contractual provisions of the network-affiliate agreement.



Sec. 76.94  Notification.

    (a) In order to exercise non-duplication rights pursuant to Sec. 
76.92, television stations shall notify each cable television system 
operator of the non-duplication sought in accordance with the 
requirements of this section. Except as otherwise provided in paragraph 
(b) of this section, non-duplication protection notices shall include 
the following information:
    (1) The name and address of the party requesting non-duplication 
protection and the television broadcast station holding the non-
duplication right;
    (2) The name of the program or series (including specific episodes 
where necessary) for which protection is sought; and
    (3) The dates on which protection is to begin and end.
    (b) Broadcasters entering into contracts providing for network non-
duplication protection shall notify affected cable systems within 60 
calendar days of the signing of such a contract. In the event the 
broadcaster is unable based on the information contained in the 
contract, to furnish all the information required by paragraph (a) of 
this section at that time, the broadcaster must provide modified notices 
that contain the following information:
    (1) The name of the network (or networks) which has (or have) 
extended non-duplication protection to the broadcaster;
    (2) The time periods by time of day (local time) and by network (if 
more than one) for each day of the week that the broadcaster will be 
broadcasting programs from that network (or networks) and for which non-
duplication protection is requested; and
    (3) The duration and extent (e.g., simultaneous, same-day, seven-
day, etc.) of the non-duplication protection which has been agreed upon 
by the network (or networks) and the broadcaster.
    (c) Except as otherwise provided in paragraph (d) of this section, a 
broadcaster shall be entitled to non-duplication protection beginning on 
the later of:
    (1) The date specified in its notice (as described in paragraphs (a) 
or (b) of this section, whichever is applicable) to the cable television 
system; or
    (2) The first day of the calendar week (Sunday through Saturday) 
that begins 60 days after the cable television system receives notice 
from the broadcaster.
    (d) A broadcaster shall provide the following information to the 
cable television system under the following circumstances:
    (1) In the event the protection specified in the notices described 
in paragraphs (a) or (b) of this section has been limited or ended prior 
to the time specified in the notice, or in the event a time period, as 
identified to the cable system in a notice pursuant to paragraph (b) of 
this section, for which a broadcaster has obtained protection is shifted 
to another time of day or another day (but not expanded), the 
broadcaster shall, as soon as possible, inform each cable television 
system operator that has previously received the notice of all changes 
from the original notice. Notice to be furnished ``as soon as possible'' 
under this paragraph shall

[[Page 592]]

be furnished by telephone, telegraph, facsimile, overnight mail or other 
similar expedient means.
    (2) In the event the protection specified in the modified notices 
described in paragraph (b) of this section has been expanded, the 
broadcaster shall, at least 60 calendar days prior to broadcast of a 
protected program entitled to such expanded protection, notify each 
cable system operator that has previously received notice of all changes 
from the original notice.
    (e) In determining which programs must be deleted from a television 
signal, a cable television system operator may rely on information from 
any of the following sources published or otherwise made available:
    (1) Newspapers or magazines of general circulation.
    (2) A television station whose programs may be subject to deletion. 
If a cable television system asks a television station for information 
about its program schedule, the television station shall answer the 
request:
    (i) Within ten business days following the television station's 
receipt of the request; or
    (ii) Sixty days before the program or programs mentioned in the 
request for information will be broadcast; whichever comes later.
    (3) The broadcaster requesting exclusivity.
    (f) A broadcaster exercising exclusivity pursuant to Sec. 76.92 
shall provide to the cable system, upon request, an exact copy of those 
portions of the contracts, such portions to be signed by both the 
network and the broadcaster, setting forth in full the provisions 
pertinent to the duration, nature, and extent of the non-duplication 
terms concerning broadcast signal exhibition to which the parties have 
agreed.



Sec. 76.95  Exceptions.

    (a) The provisions of Sec. Sec. 76.92 through 76.94 shall not apply 
to a cable system serving fewer than 1,000 subscribers. Within 60 days 
following the provision of service to 1,000 subscribers, the operator of 
each such system shall file a notice to that effect with the Commission, 
and serve a copy of that notice on every television station that would 
be entitled to exercise network non-duplication protection against it.
    (b) Network non-duplication protection need not be extended to a 
higher priority station for one hour following the scheduled time of 
completion of the broadcast of a live sports event by that station or by 
a lower priority station against which a cable community unit would 
otherwise be required to provide non-duplication protection following 
the scheduled time of completion.



Sec. 76.101  Cable syndicated program exclusivity: extent of protection.

    Upon receiving notification pursuant to Sec. 76.105, a cable 
community unit located in whole or in part within the geographic zone 
for a syndicated program, the syndicated exclusivity rights to which are 
held by a commercial television station licensed by the Commission, 
shall not carry that program as broadcast by any other television 
signal, except as otherwise provided below.

    Note: With respect to each syndicated program, the geographic zone 
within which the television station is entitled to enforce syndicated 
exclusivity rights shall be that geographic area agreed upon between the 
non-network program supplier, producer or distributor and the television 
station. In no event shall such zone exceed the area within which the 
television station has acquired broadcast territorial exclusivity rights 
as defined in Sec. 73.658(m) of this Chapter. To the extent rights are 
obtained for any hyphenated market named in Sec. 76.51, such rights 
shall not exceed those permitted under Sec. 73.658(m) of this Chapter 
for each named community in that market.



Sec. 76.103  Parties entitled to syndicated exclusivity.

    (a) Television broadcast station licensees shall be entitled to 
exercise exclusivity rights pursuant to Sec. 76.101 in accordance with 
the contractual provisions of their syndicated program license 
agreements, consistent with Sec. 76.109.
    (b) Distributors of syndicated programming shall be entitled to 
exercise exclusive rights pursuant to Sec. 76.101 for a period of one 
year from the initial broadcast syndication licensing of such 
programming anywhere in the United

[[Page 593]]

States; provided, however, that distributors shall not be entitled to 
exercise such rights in areas in which the programming has already been 
licensed.



Sec. 76.105  Notification.

    (a) In order to exercise exclusivity rights pursuant to Sec. 
76.101, distributors or television stations shall notify each cable 
television system operator of the exclusivity sought in accordance with 
the requirements of this section. Syndicated program exclusivity notices 
shall include the following information:
    (1) The name and address of the party requesting exclusivity and the 
television broadcast station or other party holding the exclusive right;
    (2) The name of the program or series (including specific episodes 
where necessary) for which exclusivity is sought;
    (3) The dates on which exclusivity is to begin and end.
    (b): Broadcasters entering into contracts which contain syndicated 
exclusivity protection shall notify affected cable systems within sixty 
calendar days of the signing of such a contract. A broadcaster shall be 
entitled to exclusivity protection beginning on the later of:
    (1) The date specified in its notice to the cable television system; 
or
    (2) The first day of the calendar week (Sunday through Saturday) 
that begins 60 days after the cable television system receives notice 
from the broadcaster;
    (c) In determining which programs must be deleted from a television 
broadcast signal, a cable television system operator may rely on 
information from any of the following sources published or otherwise 
made available.
    (1) Newspapers or magazines of general circulation;
    (2) A television station whose programs may be subject to deletion. 
If a cable television system asks a television station for information 
about its program schedule, the television station shall answer the 
request:
    (i) Within ten business days following the television station's 
receipt of the request; or
    (ii) Sixty days before the program or programs mentioned in the 
request for information will be broadcast; whichever comes later.
    (3) The distributor or television station requesting exclusivity.
    (d) In the event the exclusivity specified in paragraph (a) of this 
section has been limited or has ended prior to the time specified in the 
notice, the distributor or broadcaster who has supplied the original 
notice shall, as soon as possible, inform each cable television system 
operator that has previously received the notice of all changes from the 
original notice. In the event the original notice specified contingent 
dates on which exclusivity is to begin and/or end, the distributor or 
broadcaster shall, as soon as possible, notify the cable television 
system operator of the occurrence of the relevant contingency. Notice to 
be furnished ``as soon as possible'' under this paragraph shall be 
furnished by telephone, telegraph, facsimile, overnight mail or other 
similar expedient means.

[65 FR 68101, Nov. 14, 2000, as amended at 83 FR 7627, Feb. 22, 2018]



Sec. 76.106  Exceptions.

    (a) Notwithstanding the requirements of Sec. Sec. 76.101 through 
76.105, a broadcast signal is not required to be deleted from a cable 
community unit when that cable community unit falls, in whole or in 
part, within that signal's grade B contour, or when the signal is 
significantly viewed pursuant to Sec. 76.54 in the cable community.
    (b) The provisions of Sec. Sec. 76.101 through 76.105 shall not 
apply to a cable system serving fewer than 1,000 subscribers. Within 60 
days following the provision of service to 1,000 subscribers, the 
operator of each such system shall file a notice to that effect with the 
Commission, and serve a copy of that notice on every television station 
that would be entitled to exercise syndicated exclusivity protection 
against it.



Sec. 76.107  Exclusivity contracts.

    A distributor or television station exercising exclusivity pursuant 
to Sec. 76.101 shall provide to the cable system, upon request, an 
exact copy of those portions of the exclusivity contracts, such

[[Page 594]]

portions to be signed by both the distributor and the television 
station, setting forth in full the provisions pertinent to the duration, 
nature, and extent of the exclusivity terms concerning broadcast signal 
exhibition to which the parties have agreed.



Sec. 76.108  Indemnification contracts.

    No licensee shall enter into any contract to indemnify a cable 
system for liability resulting from failure to delete programming in 
accordance with the provisions of this subpart unless the licensee has a 
reasonable basis for concluding that such program deletion is not 
required by this subpart.



Sec. 76.109  Requirements for invocation of protection.

    For a station licensee to be eligible to invoke the provisions of 
Sec. 76.101, it must have a contract or other written indicia that it 
holds syndicated exclusivity rights for the exhibition of the program in 
question. Contracts entered on or after August 18, 1988, must contain 
the following words: ``the licensee [or substitute name] shall, by the 
terms of this contract, be entitled to invoke the protection against 
duplication of programming imported under the Compulsory Copyright 
License, as provided in Sec. 76.101 of the FCC rules [or `as provided 
in the FCC's syndicated exclusivity rules'].'' Contracts entered into 
prior to August 18, 1988, must contain either the foregoing language or 
a clear and specific reference to the licensee's authority to exercise 
exclusivity rights as to the specific programming against cable 
television broadcast signal carriage by the cable system in question 
upon the contingency that the government reimposed syndicated 
exclusivity protection. In the absence of such a specific reference in 
contracts entered into prior to August 18, 1988, the provisions of these 
rules may be invoked only if the contract is amended to include the 
specific language referenced in this section or a specific written 
acknowledgment is obtained from the party from whom the broadcast 
exhibition rights were obtained that the existing contract was intended, 
or should now be construed by agreement of the parties, to include such 
rights. A general acknowledgment by a supplier of exhibition rights that 
specific contract language was intended to convey rights under these 
rules will be accepted with respect to all contracts containing that 
specific language. Nothing in this section shall be construed as a grant 
of exclusive rights to a broadcaster where such rights are not agreed to 
by the parties.



Sec. 76.110  Substitutions.

    Whenever, pursuant to the requirements of the syndicated exclusivity 
rules, a community unit is required to delete a television program on a 
broadcast signal that is permitted to be carried under the Commission's 
rules, such community unit may, consistent with these rules, substitute 
a program from any other television broadcast station. Programs 
substituted pursuant to this section may be carried to their completion.

[65 FR 68101, Nov. 14, 2000, as amended at 79 FR 63562, Oct. 24, 2014]



Sec. 76.120  Network non-duplication protection and syndicated exclusivity rules for satellite carriers: Definitions.

    For purposes of Sec. Sec. 76.122-76.130, the following definitions 
apply:
    (a) Satellite carrier. The term ``satellite carrier'' means an 
entity that uses the facilities of a satellite or satellite service 
licensed by the Federal Communications Commission and operates in the 
Fixed-Satellite Service under part 25 of title 47 of the Code of Federal 
Regulations or the Direct Broadcast Satellite Service under part 100 of 
title 47 of the Code of Federal Regulations, to establish and operate a 
channel of communications for point-to-multipoint distribution of 
television station signals, and that owns or leases a capacity or 
service on a satellite in order to provide such point-to-multipoint 
distribution, except to the extent that such entity provides such 
distribution pursuant to tariff under the Communications Act of 1934, 
other than for private home viewing.
    (b) Nationally distributed superstation. The term ``nationally 
distributed superstation'' means a television broadcast station, 
licensed by the Commission, that--

[[Page 595]]

    (1) Is not owned or operated by or affiliated with a television 
network that, as of January 1, 1995, offered interconnected program 
service on a regular basis for 15 or more hours per week to at least 25 
affiliated television licensees in 10 or more States;
    (2) On May 1, 1991, was retransmitted by a satellite carrier and was 
not a network station at that time; and
    (3) Was, as of July 1, 1998, retransmitted by a satellite carrier 
under the statutory license of Section 119 of title 17, United States 
Code.
    (c) Television network. The term ``television network'' means a 
television network in the United States which offers an interconnected 
program service on a regular basis for 15 or more hours per week to at 
least 25 affiliated broadcast stations in 10 or more States.
    (d) Network station. The term ``network station'' means--
    (1) A television broadcast station, including any translator station 
or terrestrial satellite station that rebroadcasts all or substantially 
all of the programming broadcast by a network station, that is owned or 
operated by, or affiliated with, one or more of the television networks 
in the United States which offer an interconnected program service on a 
regular basis for 15 or more hours per week to at least 25 of its 
affiliated television licensees in 10 or more States; or
    (2) A noncommercial educational broadcast station (as defined in 
Section 397 of the Communications Act of 1934); except that the term 
does not include the signal of the Alaska Rural Communications Service, 
or any successor entity to that service.
    (e) Zone of protection. The term ``zone of protection'' means--
    (1) With respect to network non-duplication, the zone of protection 
within which the television station is entitled to enforce network non-
duplication protection shall be that geographic area agreed upon between 
the network and the television station. In no event shall such rights 
exceed the area within which the television station may acquire 
broadcast territorial exclusivity rights as defined in Sec. 73.658(m) 
of this Chapter, except that small market television stations shall be 
entitled to a secondary protection zone of 32.2 additional kilometers 
(20 additional miles). To the extent rights are obtained for any 
hyphenated market named in Sec. 76.51, such rights shall not exceed 
those permitted under Sec. 73.658(m) of this Chapter for each named 
community in that market.
    (2) With respect to each syndicated program, the zone of protection 
within which the television station is entitled to enforce syndicated 
exclusivity rights shall be that geographic area agreed upon between the 
non-network program supplier, producer or distributor and the television 
station. In no event shall such zone exceed the area within which the 
television station has acquired broadcast territorial exclusivity rights 
as defined in Sec. 73.658(m) of this Chapter. To the extent rights are 
obtained for any hyphenated market named in Sec. 76.51, such rights 
shall not exceed those permitted under Sec. 73.658(m) of this chapter 
for each named community in that market.

[65 FR 68101, Nov. 14, 2000, as amended at 79 FR 63562, Oct. 24, 2014]



Sec. 76.122  Satellite network non-duplication.

    (a) Upon receiving notification pursuant to paragraph (c) of this 
section, a satellite carrier shall not deliver, to subscribers within 
zip code areas located in whole or in part within the zone of protection 
of a commercial television station licensed by the Commission, a program 
carried on a nationally distributed superstation or on a station carried 
pursuant to Sec. 76.54 of this chapter when the network non-duplication 
rights to such program are held by the commercial television station 
providing notice, except as provided in paragraphs (j), (k) or (l) of 
this section.
    (b) Television broadcast station licensees shall be entitled to 
exercise non-duplication rights pursuant to Sec. 76.122 in accordance 
with the contractual provisions of the network-affiliate agreement, and 
as provided in Sec. 76.124.
    (c) In order to exercise non-duplication rights pursuant to Sec. 
76.122, television stations shall notify each satellite carrier of the 
non-duplication sought in accordance with the requirements of this 
section. Non-duplication

[[Page 596]]

protection notices shall include the following information:
    (1) The name and address of the party requesting non-duplication 
protection and the television broadcast station holding the non-
duplication right;
    (2) Where the agreement between network and affiliate so identifies, 
the name of the program or series (including specific episodes where 
necessary) for which protection is sought;
    (3) The dates on which protection is to begin and end;
    (4) The name of the network (or networks) which has (or have) 
extended non-duplication protection to the broadcaster;
    (5) The time periods by time of day (local time) and by network (if 
more than one) for each day of the week that the broadcaster will be 
broadcasting programs from that network (or networks) and for which non-
duplication protection is requested;
    (6) The duration and extent (e.g., simultaneous, same-day, seven-
day, etc.) of the non-duplication protection which has been agreed upon 
by the network (or networks) and the broadcaster; and
    (7) A list of the U.S. postal zip code(s) that encompass the zone of 
protection under these rules.
    (d) Broadcasters entering into contracts providing for network non-
duplication protection shall notify affected satellite carriers within 
60 calendar days of the signing of such a contract; provided, however, 
that for such contracts signed before November 29, 2000, the broadcaster 
may provide notice on or before January 31, 2001, or with respect to 
pre-November 29, 2000 contracts that require amendment in order to 
invoke the provisions of these rules, notification may be given within 
sixty calendar days of the signing of such amendment.
    (e) Except as otherwise provided in this section, a broadcaster 
shall be entitled to non-duplication protection beginning on the later 
of:
    (1) The date specified in its notice to the satellite carrier; or
    (2) The first day of the calendar week (Sunday through Saturday) 
that begins 60 days after the satellite carrier receives notice from the 
broadcaster; Provided, however, that with respect to notifications given 
pursuant to this section prior to June 1, 2001, a satellite carrier is 
not required to provide non-duplication protection until 120 days after 
the satellite carrier receives such notification.
    (f) A broadcaster shall provide the following information to the 
satellite carrier under the following circumstances:
    (1) In the event the protection specified in the notices described 
in paragraph (c) of this section has been limited or ended prior to the 
time specified in the notice, or in the event a time period, as 
identified to the satellite carrier in a notice pursuant to paragraph 
(c) of this section, for which a broadcaster has obtained protection is 
shifted to another time of day or another day (but not expanded), the 
broadcaster shall, as soon as possible, inform each satellite carrier 
that has previously received the notice of all changes from the original 
notice. Notice to be furnished ``as soon as possible'' under this 
paragraph shall be furnished by telephone, telegraph, facsimile, e-mail, 
overnight mail or other similar expedient means.
    (2) In the event the protection specified in the notices described 
in paragraph (c) of this section has been expanded, the broadcaster 
shall, at least 60 calendar days prior to broadcast of a protected 
program entitled to such expanded protection, notify each satellite 
carrier that has previously received notice of all changes from the 
original notice.
    (g) In determining which programs must be deleted from a television 
signal, a satellite carrier may rely on information from newspapers or 
magazines of general circulation, the broadcaster requesting exclusivity 
protection, or the nationally distributed superstation.
    (h) If a satellite carrier asks a nationally distributed 
superstation for information about its program schedule, the nationally 
distributed superstation shall answer the request:
    (i) Within ten business days following its receipt of the request; 
or
    (ii) Sixty days before the program or programs mentioned in the 
request for information will be broadcast, whichever comes later.

[[Page 597]]

    (i) A broadcaster exercising exclusivity pursuant to this section 
shall provide to the satellite carrier, upon request, an exact copy of 
those portions of the contracts, such portions to be signed by both the 
network and the broadcaster, setting forth in full the provisions 
pertinent to the duration, nature, and extent of the non-duplication 
terms concerning broadcast signal exhibition to which the parties have 
agreed.
    (j) A satellite carrier is not required to delete the duplicating 
programming of any nationally distributed superstation that is carried 
by the satellite carrier as a local station pursuant to Sec. 76.66 of 
this chapter or as a significantly viewed station pursuant to Sec. 
76.54 of this chapter
    (1) Within the station's local market;
    (2) If the station is ``significantly viewed,'' pursuant to Sec. 
76.54 of this chapter, in zip code areas included within the zone of 
protection unless a waiver of the significantly viewed exception is 
granted pursuant to Sec. 76.7 of this chapter; or
    (3) If the zone of protection falls, in whole or in part, within 
that signal's grade B contour or noise limited service contour.
    (k) A satellite carrier is not required to delete the duplicating 
programming of any nationally distributed superstation from an 
individual subscriber who is located outside the zone of protection, 
notwithstanding that the subscriber lives within a zip code provided by 
the broadcaster pursuant to paragraph (c) of this section.
    (l) A satellite carrier is not required to delete programming if it 
has fewer than 1,000 subscribers within the relevant protected zone who 
subscribe to the nationally distributed superstation carrying the 
programming for which deletion is requested pursuant to paragraph (c) of 
this section.

[65 FR 68101, Nov. 14, 2000, as amended at 67 FR 68951, Nov. 14, 2002; 
70 FR 76530, Dec. 27, 2005]



Sec. 76.123  Satellite syndicated program exclusivity.

    (a) Upon receiving notification pursuant to paragraph (d) of this 
section, a satellite carrier shall not deliver, to subscribers located 
within zip code areas in whole or in part within the zone of protection 
of a commercial television station licensed by the Commission, a program 
carried on a nationally distributed superstation or on a station carried 
pursuant to Sec. 76.54 of this chapter when the syndicated program 
exclusivity rights to such program are held by the commercial television 
station providing notice, except as provided in paragraphs (k), (l) and 
(m) of this section.
    (b) Television broadcast station licensees shall be entitled to 
exercise exclusivity rights pursuant to this Section in accordance with 
the contractual provisions of their syndicated program license 
agreements, consistent with Sec. 76.124.
    (c) Distributors of syndicated programming shall be entitled to 
exercise exclusive rights pursuant to this Section for a period of one 
year from the initial broadcast syndication licensing of such 
programming anywhere in the United States; provided, however, that 
distributors shall not be entitled to exercise such rights in areas in 
which the programming has already been licensed.
    (d) In order to exercise exclusivity rights pursuant to this 
Section, distributors of syndicated programming or television broadcast 
stations shall notify each satellite carrier of the exclusivity sought 
in accordance with the requirements of this paragraph. Syndicated 
program exclusivity notices shall include the following information:
    (1) The name and address of the party requesting exclusivity and the 
television broadcast station or other party holding the exclusive right;
    (2) The name of the program or series (including specific episodes 
where necessary) for which exclusivity is sought;
    (3) The dates on which exclusivity is to begin and end; and
    (4) A list of the U.S. postal zip code(s) that encompass the zone of 
protection under these rules.
    (e) A distributor or television station exercising exclusivity 
pursuant to this Section shall provide to the satellite carrier, upon 
request, an exact copy of those portions of the exclusivity contracts, 
such portions to be signed by both the distributor and the television

[[Page 598]]

station, setting forth in full the provisions pertinent to the duration, 
nature, and extent of the exclusivity terms concerning broadcast signal 
exhibition to which the parties have agreed.
    (f) Television broadcast stations or distributors entering into 
contracts on or after November 29, 2000, which contain syndicated 
exclusivity protection with respect to satellite retransmission of 
programming, shall notify affected satellite carriers within sixty 
calendar days of the signing of such a contract. Television broadcast 
stations or distributors who have entered into contracts prior to 
November 29, 2000, and who comply with the requirements specified in 
Sec. 76.124 shall notify affected satellite carriers on or before 
January 31, 2001; provided, however, that with respect to pre-November 
29, 2000 contracts that require amendment in order to invoke the 
provisions of these rules, notification may be given within sixty 
calendar days of the signing of such amendment.
    (g) Except as otherwise provided in this section, a television 
broadcast station shall be entitled to exclusivity protection beginning 
on the later of:
    (1) The date specified in its notice to the satellite carrier; or
    (2) The first day of the calendar week (Sunday through Saturday) 
that begins 60 days after the satellite carrier receives notice from the 
broadcaster.
    Provided, however, that with respect to notifications given pursuant 
to this section prior to June 1, 2001, a satellite carrier is not 
required to provide syndicated exclusivity protection until 120 days 
after the satellite carrier receives such notification.
    (h) In determining which programs must be deleted from a television 
broadcast signal, a satellite carrier may rely on information from the 
distributor or television broadcast station requesting exclusivity; 
newspapers or magazines of general circulation; or the nationally 
distributed superstation whose programs may be subject to deletion.
    (i) If a satellite carrier asks a nationally distributed 
superstation for information about its program schedule, the nationally 
distributed superstation shall answer the request:
    (1) Within ten business days following the its receipt of the 
request; or
    (2) Sixty days before the program or programs mentioned in the 
request for information will be broadcast; whichever comes later.
    (j) In the event the exclusivity specified in paragraph (a) of this 
section has been limited or has ended prior to the time specified in the 
notice, the distributor or broadcaster who has supplied the original 
notice shall, as soon as possible, inform each satellite carrier that 
has previously received the notice of all changes from the original 
notice. In the event the original notice specified contingent dates on 
which exclusivity is to begin and/or end, the distributor or broadcaster 
shall, as soon as possible, notify the satellite carrier of the 
occurrence of the relevant contingency. Notice to be furnished ``as soon 
as possible'' under this Subsection shall be furnished by telephone, 
telegraph, facsimile, e-mail, overnight mail or other similar expedient 
means.
    (k) A satellite carrier is not required to delete the programming of 
any nationally distributed superstation that is carried by the satellite 
carrier as a local station pursuant to Sec. 76.66 of this chapter or as 
a significantly viewed station pursuant to Sec. 76.54 of this chapter:
    (1) Within the station's local market;
    (2) If the station is ``significantly viewed,'' pursuant to Sec. 
76.54 of this chapter, in zip code areas included within the zone of 
protection unless a waiver of the significantly viewed exception is 
granted pursuant to Sec. 76.7 of this chapter; or
    (3) If the zone of protection falls, in whole or in part, within 
that signal's grade B contour or noise limited service contour.
    (l) A satellite carrier is not required to delete the duplicating 
programming of any nationally distributed superstation from an 
individual subscriber who is located outside the zone of protection, 
notwithstanding that the subscriber lives within a zip code provided by 
the broadcaster pursuant to paragraph (d) of this section.
    (m) A satellite carrier is not required to delete programming if it 
has fewer than 1,000 subscribers within the relevant protected zone who 
subscribe to

[[Page 599]]

the nationally distributed superstation carrying the programming for 
which deletion is requested pursuant to paragraph (d) of this section.

[65 FR 68101, Nov. 14, 2000, as amended at 70 FR 76530, Dec. 27, 2005]



Sec. 76.124  Requirements for invocation of protection.

    For a television broadcast station licensee or distributor of 
syndicated programming to be eligible to invoke the provisions of Sec. 
76.122 or Sec. 76.123 of this subpart, it must have a contract or other 
written indicia that it holds network program non-duplication or 
syndicated exclusivity rights for the exhibition of the program in 
question. Contracts entered on or after November 29, 2000, must contain 
the following words: ``the licensee [or substitute name] shall, by the 
terms of this contract, be entitled to invoke the protection against 
duplication of programming imported under the Statutory Copyright 
License, as provided in Sec. 76.122 or Sec. 76.123 of the FCC rules 
[or 'as provided in the FCC's satellite network non-duplication or 
syndicated exclusivity rules'].'' Contracts entered into prior to 
November 29, 2000, must contain the foregoing language plus a clear and 
specific reference to the licensee's authority to exercise exclusivity 
rights as to the specific programming against signal carriage by the 
satellite carrier in question, or by satellite carriage in general in a 
protected, geographic or specified zone. In the absence of such a 
specific reference in contracts entered into prior to November 29, 2000, 
the provisions of these rules may be invoked only if the contract is 
amended to include the specific language referenced in this section or a 
specific written acknowledgment is obtained from the party from whom the 
broadcast exhibition rights were obtained that the existing contract was 
intended, or should now be construed by agreement of the parties, to 
include such rights. A general acknowledgment by a supplier of 
exhibition rights that specific contract language was intended to convey 
rights under these rules will be accepted with respect to all contracts 
containing that specific language. Nothing in this section shall be 
construed as a grant of exclusive rights to a broadcaster where such 
rights are not agreed to by the parties.



Sec. 76.125  Indemnification contracts.

    No television broadcast station licensee shall enter into any 
contract to indemnify a satellite carrier for liability resulting from 
failure to delete programming in accordance with the provisions of this 
subpart unless the licensee has a reasonable basis for concluding that 
such program deletion is not required by this Subpart.



Sec. 76.130  Substitutions.

    Whenever, pursuant to the requirements of the network program non-
duplication or syndicated program exclusivity rules, a satellite carrier 
is required to delete a television program from retransmission to 
satellite subscribers within a zip code area, such satellite carrier 
may, consistent with this subpart, substitute a program from any other 
television broadcast station for which the satellite carrier has 
obtained the necessary legal rights and permissions, including but not 
limited to copyright and retransmission consent. Programs substituted 
pursuant to this section may be carried to their completion.

[65 FR 68101, Nov. 14, 2000, as amended at 79 FR 63562, Oct. 24, 2014]



                         Subpart G_Cablecasting



Sec. 76.205  Origination cablecasts by legally qualified candidates for public office; equal opportunities.

    (a) General requirements. No cable television system is required to 
permit the use of its facilities by any legally qualified candidate for 
public office, but if any system shall permit any such candidate to use 
its facilities, it shall afford equal opportunities to all other 
candidates for that office to use such facilities. Such system shall 
have no power of censorship over the material broadcast by any such 
candidate. Appearance by a legally qualified candidate on any:
    (1) Bona fide newscast;
    (2) Bona fide news interview;

[[Page 600]]

    (3) Bona fide news documentary (if the appearance of the candidate 
is incidental to the presentation of the subject or subjects covered by 
the news documentary); or
    (4) On-the-spot coverage of bona fide news events (including, but 
not limited to political conventions and activities incidental thereto) 
shall not be deemed to be use of a system. (section 315(a) of the 
Communications Act.)
    (b) Uses. As used in this section and Sec. 76.206, the term ``use'' 
means a candidate appearance (including by voice or picture) that is not 
exempt under paragraphs 76.205 (a)(1) through (a)(4) of this section.
    (c) Timing of request. A request for equal opportunities must be 
submitted to the system within 1 week of the day on which the first 
prior use giving rise to the right of equal opportunities occurred: 
Provided, however, That where the person was not a candidate at the time 
of such first prior use, he or she shall submit his or her request 
within 1 week of the first subsequent use after he or she has become a 
legally qualified candidate for the office in question.
    (d) Burden of proof. A candidate requesting equal opportunities of 
the system or complaining of noncompliance to the Commission shall have 
the burden of proving that he or she and his or her opponent are legally 
qualified candidates for the same public office.
    (e) Discrimination between candidates. In making time available to 
candidates for public office, no system shall make any discrimination 
between candidates in practices, regulations, facilities, or services 
for or in connection with the service rendered pursuant to this part, or 
make or give any preference to any candidate for public office or 
subject any such candidate to any prejudice or disadvantage; nor shall 
any system make any contract or other agreement which shall have the 
effect of permitting any legally qualified candidate for any public 
office to cablecast to the exclusion of other legally qualified 
candidates for the same public office.

[57 FR 210, Jan. 3, 1992, as amended at 59 FR 14568, Mar. 29, 1994]



Sec. 76.206  Candidate rates.

    (a) Charges for use of cable television systems. The charges, if 
any, made for the use of any system by any person who is a legally 
qualified candidate for any public office in connection with his or her 
campaign for nomination for election, or election, to such office shall 
not exceed:
    (1) During the 45 days preceding the date of a primary or primary 
runoff election and during the 60 days preceding the date of a general 
or special election in which such person is a candidate, the lowest unit 
charge of the system for the same class and amount of time for the same 
period.
    (i) A candidate shall be charged no more per unit than the system 
charges its most favored commercial advertisers for the same classes and 
amounts of time for the same periods. Any system practices offered to 
commercial advertisers that enhance the value of advertising spots must 
be disclosed and made available to candidates upon equal terms. Such 
practices include but are not limited to any discount privileges that 
affect the value of advertising, such as bonus spots, time-sensitive 
make goods, preemption priorities, or any other factors that enhance the 
value of the announcement.
    (ii) The Commission recognizes non-preemptible, preemptible with 
notice, immediately preemptible and run-of-schedule as distinct classes 
of time.
    (iii) Systems may establish and define their own reasonable classes 
of immediately preemptible time so long as the differences between such 
classes are based on one or more demonstrable benefits associated with 
each class and are not based solely upon price or identity of the 
advertiser. Such demonstrable benefits include, but are not limited to, 
varying levels of preemption protection, scheduling flexibility, or 
associated privileges, such as guaranteed time-sensitive make goods. 
Systems may not use class distinctions to defeat the purpose of the 
lowest unit charge requirement. All classes must be fully disclosed and 
made available to candidates.
    (iv) Systems may establish reasonable classes of preemptible with 
notice time so long as they clearly define all

[[Page 601]]

such classes, fully disclose them and make them available to candidates.
    (v) Systems may treat non-preemptible and fixed position as distinct 
classes of time provided that systems articulate clearly the differences 
between such classes, fully disclose them, and make them available to 
candidates.
    (vi) Systems shall not establish a separate, premium-priced class of 
time sold only to candidates. Systems may sell higher-priced non-
preemptible or fixed time to candidates if such a class of time is made 
available on a bona fide basis to both candidates and commercial 
advertisers, and provided such class is not functionally equivalent to 
any lower-priced class of time sold to commercial advertisers.
    (vii) [Reserved]
    (viii) Lowest unit charge may be calculated on a weekly basis with 
respect to time that is sold on a weekly basis, such as rotations 
through particular programs or dayparts. Systems electing to calculate 
the lowest unit charge by such a method must include in that calculation 
all rates for all announcements scheduled in the rotation, including 
announcements aired under long-term advertising contracts. Systems may 
implement rate increases during election periods only to the extent that 
such increases constitute ``ordinary business practices,'' such as 
seasonal program changes or changes in audience ratings.
    (ix) Systems shall review their advertising records periodically 
throughout the election period to determine whether compliance with this 
section requires that candidates receive rebates or credits. Where 
necessary, systems shall issue such rebates or credits promptly.
    (x) Unit rates charged as part of any package, whether individually 
negotiated or generally available to all advertisers, must be included 
in the lowest unit charge calculation for the same class and length of 
time in the same time period. A candidate cannot be required to purchase 
advertising in every program or daypart in a package as a condition for 
obtaining package unit rates.
    (xi) Systems are not required to include non-cash promotional 
merchandising incentives in lowest unit charge calculations; provided, 
however, that all such incentives must be offered to candidates as part 
of any purchases permitted by the system. Bonus spots, however, must be 
included in the calculation of the lowest unit charge calculation.
    (xii) Make goods, defined as the rescheduling of preempted 
advertising, shall be provided to candidates prior to election day if a 
system has provided a time-sensitive make good during the year preceding 
the pre-election periods, respectively set forth in paragraph (a)(1) of 
this section, to any commercial advertiser who purchased time in the 
same class.
    (xiii) Systems must disclose and make available to candidates any 
make good policies provided to commercial advertisers. If a system 
places a make good for any commercial advertiser or other candidate in a 
more valuable program or daypart, the value of such make good must be 
included in the calculation of the lowest unit charge for that program 
or daypart.
    (2) At any time other than the respective periods set forth in 
paragraph (a)(1) of this section, systems may charge legally qualified 
candidates for public office no more than the charges made for 
comparable use of the system by commercial advertisers. The rates, if 
any, charged all such candidates for the same office shall be uniform 
and shall not be rebated by any means, direct or indirect. A candidate 
shall be charged no more than the rate the system would charge for 
comparable commercial advertising. All discount privileges otherwise 
offered by a system to commercial advertisers must be disclosed and made 
available upon equal terms to all candidates for public office.
    (b) If a system permits a candidate to use its cablecast facilities, 
the system shall make all discount privileges offered to commercial 
advertisers, including the lowest unit charges for each class and length 
of time in the same time period and all corresponding discount 
privileges, available on equal terms to all candidates. This duty 
includes an affirmative duty to disclose to candidates information about 
rates,

[[Page 602]]

terms, conditions and all value-enhancing discount privileges offered to 
commercial advertisers, as provided in Sec. 76.1611. Systems may use 
reasonable discretion in making the disclosure; provided, however, that 
the disclosure includes, at a minimum, the following information:
    (1) A description and definition of each class of time available to 
commercial advertisers sufficiently complete enough to allow candidates 
to identify and understand what specific attributes differentiate each 
class;
    (2) A description of the lowest unit charge and related privileges 
(such as priorities against preemption and make goods prior to specific 
deadlines) for each class of time offered to commercial advertisers;
    (3) A description of the system's method of selling preemptible time 
based upon advertiser demand, commonly known as the ``current selling 
level,'' with the stipulation that candidates will be able to purchase 
at these demand-generated rates in the same manner as commercial 
advertisers;
    (4) An approximation of the likelihood of preemption for each kind 
of preemptible time; and
    (5) An explanation of the system's sales practices, if any, that are 
based on audience delivery, with the stipulation that candidates will be 
able to purchase this kind of time, if available to commercial 
advertisers.
    (c) Once disclosure is made, systems shall negotiate in good faith 
to actually sell time to candidates in accordance with the disclosure.

[57 FR 210, Jan. 3, 1992, as amended at 57 FR 27709, June 22, 1992; 65 
FR 53615, Sept. 5, 2000]



Sec. 76.213  Lotteries.

    (a) No cable television system operator, except as in paragraph (c), 
when engaged in origination cablecasting shall transmit or permit to be 
transmitted on the origination cablecasting channel or channels any 
advertisement of or information concerning any lottery, gift, 
enterprise, or similar scheme, offering prizes dependent in whole or in 
part upon lot or chance, or any list of prizes drawn or awarded by means 
of any such lottery, gift enterprise, or scheme, whether said list 
contains any part or all of such prizes.
    (b) The determination whether a particular program comes within the 
provisions of paragraph (a) of this section depends on the facts of each 
case. However, the Commission will in any event consider that a program 
comes within the provisions of paragraph (a) of this section if in 
connection with such program a prize consisting of money or thing of 
value is awarded to any person whose selection is dependent in whole or 
in part upon lot or chance, if as a condition of winning or competing 
for such prize, such winner or winners are required to furnish any money 
or thing of value or are required to have in their possession any 
product sold, manufactured, furnished, or distributed by a sponsor of a 
program cablecast on the system in question.
    (c) The provisions of paragraphs (a) and (b) of this section shall 
not apply to advertisements or lists of prizes or information 
concerning:
    (1) A lottery conducted by a State acting under authority of State 
law which is transmitted:
    (i) By a cable system located in that State;
    (ii) By a cable system located in another State which conducts such 
a lottery; or
    (iii) By a cable system located in another State which is integrated 
with a cable system described in paragraphs (c)(1)(i) or (c)(1)(ii) of 
this section, if termination of the receipt of such transmission by the 
cable systems in such other State would be technically infeasible.
    (2) Any gaming conducted by an Indian Tribe pursuant to the Indian 
Gaming Regulatory Act. (25 U.S.C. 2701 et seq.).
    (3) A lottery, gift enterprise or similar scheme, other than one 
described in paragraph (c)(1) of this section, that is authorized or not 
otherwise prohibited by the State in which it is conducted and which is:
    (i) Conducted by a not-for-profit organization or a governmental 
organization; or
    (ii) Conducted as a promotional activity by a commercial 
organization and is clearly occasional and ancillary

[[Page 603]]

to the primary business of that organization.
    (d) For the purposes of paragraph (c) lottery means the pooling of 
proceeds derived from the sale of tickets or chances and allotting those 
proceeds or parts thereof by chance to one or more chance takers or 
ticket purchasers. It does not include the placing or accepting of bets 
or wagers on sporting events or contests.
    (e) For purposes of paragraph (c)(3)(i) of this section, the term 
``not-for-profit organization'' means any organization that would 
qualify as tax exempt under section 501 of the Internal Revenue Code of 
1986.

[37 FR 3278, Feb. 12, 1972, as amended at 40 FR 6210, Feb. 10, 1975; 42 
FR 13947, Apr. 13, 1977; 54 FR 20856, May 15, 1989; 55 FR 18888, May 7, 
1990]



Sec. 76.225  Commercial limits in children's programs.

    (a) No cable operator shall air more than 10.5 minutes of commercial 
matter per hour during children's programming on weekends, or more than 
12 minutes of commercial matter per hour on weekdays.
    (b) The display of Internet Web site addresses during program 
material or promotional material not counted as commercial time is 
permitted only if the Web site:
    (1) Offers a substantial amount of bona fide program-related or 
other noncommercial content;
    (2) Is not primarily intended for commercial purposes, including 
either e-commerce or advertising;
    (3) The Web site's home page and other menu pages are clearly 
labeled to distinguish the noncommercial from the commercial sections; 
and
    (4) The page of the Web site to which viewers are directed by the 
Web site address is not used for e-commerce, advertising, or other 
commercial purposes (e.g., contains no links labeled ``store'' and no 
links to another page with commercial material).
    (c) If an Internet address for a Web site that does not meet the 
test in paragraph (b) of this section is displayed during a promotion in 
a children's program, in addition to counting against the commercial 
time limits in paragraph (a) of this section the promotion must be 
clearly separated from program material.
    (d)(1) Entities subject to commercial time limits under the 
Children's Television Act shall not display a Web site address during or 
adjacent to a program if, at that time, on pages that are primarily 
devoted to free noncommercial content regarding that specific program or 
a character appearing in that program:
    (i) Products are sold that feature a character appearing in that 
program; or
    (ii) A character appearing in that program is used to actively sell 
products.
    (2) The requirements of this paragraph do not apply to:
    (i) Third-party sites linked from the companies' Web pages;
    (ii) On-air third-party advertisements with Web site references to 
third-party Web sites; or
    (iii) Pages that are primarily devoted to multiple characters from 
multiple programs.
    (e) The requirements of this section shall not apply to programs 
aired on a broadcast television channel which the cable operator 
passively carries, or to access channels over which the cable operator 
may not exercise editorial control, pursuant to 47 U.S.C. 531(e) and 
532(c)(2).

    Note 1 to Sec. 76.225: Commercial matter means air time sold for 
purposes of selling a product or service and promotions of television 
programs or video programming services other than children's or other 
age-appropriate programming appearing on the same channel or promotions 
for children's educational and informational programming on any channel.
    Note 2 to Sec. 76.225: For purposes of this section, children's 
programming refers to programs originally produced and broadcast 
primarily for an audience of children 12 years old and younger.
    Note 3 to Sec. 76.225: Section 76.1703 contains recordkeeping 
requirements for cable operators with regard to children's programming.

[56 FR 19616, Apr. 29, 1991, as amended at 65 FR 53615, Sept. 5, 2000; 
70 FR 38, Jan. 3, 2005; 71 FR 64165, Nov. 1, 2006]

[[Page 604]]



Sec. 76.227  [Reserved]



                Subpart H_General Operating Requirements



Sec. 76.309  Customer service obligations.

    (a) A cable franchise authority may enforce the customer service 
standards set forth in paragraph (c) of this section against cable 
operators. The franchise authority must provide affected cable operators 
ninety (90) days written notice of its intent to enforce the standards.
    (b) Nothing in this rule should be construed to prevent or prohibit:
    (1) A franchising authority and a cable operator from agreeing to 
customer service requirements that exceed the standards set forth in 
paragraph (c) of this section;
    (2) A franchising authority from enforcing, through the end of the 
franchise term, pre-existing customer service requirements that exceed 
the standards set forth in paragraph (c) of this section and are 
contained in current franchise agreements;
    (3) Any State or any franchising authority from enacting or 
enforcing any consumer protection law, to the extent not specifically 
preempted herein; or
    (4) The establishment or enforcement of any State or municipal law 
or regulation concerning customer service that imposes customer service 
requirements that exceed, or address matters not addressed by the 
standards set forth in paragraph (c) of this section.
    (c) Cable operators are subject to the following customer service 
standards:
    (1) Cable system office hours and telephone availability--
    (i) The cable operator will maintain a local, toll-free or collect 
call telephone access line which will be available to its subscribers 24 
hours a day, seven days a week.
    (A) Trained company representatives will be available to respond to 
customer telephone inquiries during normal business hours.
    (B) After normal business hours, the access line may be answered by 
a service or an automated response system, including an answering 
machine. Inquiries received after normal business hours must be 
responded to by a trained company representative on the next business 
day.
    (ii) Under normal operating conditions, telephone answer time by a 
customer representative, including wait time, shall not exceed thirty 
(30) seconds when the connection is made. If the call needs to be 
transferred, transfer time shall not exceed thirty (30) seconds. These 
standards shall be met no less than ninety (90) percent of the time 
under normal operating conditions, measured on a quarterly basis.
    (iii) The operator will not be required to acquire equipment or 
perform surveys to measure compliance with the telephone answering 
standards above unless an historical record of complaints indicates a 
clear failure to comply.
    (iv) Under normal operating conditions, the customer will receive a 
busy signal less than three (3) percent of the time.
    (v) Customer service center and bill payment locations will be open 
at least during normal business hours and will be conveniently located.
    (2) Installations, outages and service calls. Under normal operating 
conditions, each of the following four standards will be met no less 
than ninety five (95) percent of the time measured on a quarterly basis:
    (i) Standard installations will be performed within seven (7) 
business days after an order has been placed. ``Standard'' installations 
are those that are located up to 125 feet from the existing distribution 
system.
    (ii) Excluding conditions beyond the control of the operator, the 
cable operator will begin working on ``service interruptions'' promptly 
and in no event later than 24 hours after the interruption becomes 
known. The cable operator must begin actions to correct other service 
problems the next business day after notification of the service 
problem.
    (iii) The ``appointment window'' alternatives for installations, 
service calls, and other installation activities will be either a 
specific time or, at maximum, a four-hour time block during normal 
business hours. (The operator may schedule service calls and other 
installation activities outside of

[[Page 605]]

normal business hours for the express convenience of the customer.)
    (iv) An operator may not cancel an appointment with a customer after 
the close of business on the business day prior to the scheduled 
appointment.
    (v) If a cable operator representative is running late for an 
appointment with a customer and will not be able to keep the appointment 
as scheduled, the customer will be contacted. The appointment will be 
rescheduled, as necessary, at a time which is convenient for the 
customer.
    (3) Communications between cable operators and cable subscribers--
    (i) Refunds--Refund checks will be issued promptly, but no later 
than either--
    (A) The customer's next billing cycle following resolution of the 
request or thirty (30) days, whichever is earlier, or
    (B) The return of the equipment supplied by the cable operator if 
service is terminated.
    (ii) Credits--Credits for service will be issued no later than the 
customer's next billing cycle following the determination that a credit 
is warranted.
    (4) Definitions--
    (i) Normal business hours--The term ``normal business hours'' means 
those hours during which most similar businesses in the community are 
open to serve customers. In all cases, ``normal business hours'' must 
include some evening hours at least one night per week and/or some 
weekend hours.
    (ii) Normal operating conditions--The term ``normal operating 
conditions'' means those service conditions which are within the control 
of the cable operator. Those conditions which are not within the control 
of the cable operator include, but are not limited to, natural 
disasters, civil disturbances, power outages, telephone network outages, 
and severe or unusual weather conditions. Those conditions which are 
ordinarily within the control of the cable operator include, but are not 
limited to, special promotions, pay-per-view events, rate increases, 
regular peak or seasonal demand periods, and maintenance or upgrade of 
the cable system.
    (iii) Service interruption--The term ``service interruption'' means 
the loss of picture or sound on one or more cable channels.

    Note to Sec. 76.309: Section 76.1602 contains notification 
requirements for cable operators with regard to operator obligations to 
subscribers and general information to be provided to customers 
regarding service. Section 76.1603 contains subscriber notification 
requirements governing rate and service changes. Section 76.1619 
contains notification requirements for cable operators with regard to 
subscriber bill information and operator response procedures pertaining 
to bill disputes.

[58 FR 21109, Apr. 19, 1993, as amended at 61 FR 18977, Apr. 30, 1996; 
65 FR 53615, Sept. 5, 2000; 67 FR 1650, Jan. 14, 2002; 83 FR 7627, Feb. 
22, 2018]

Subpart I [Reserved]



                  Subpart J_Ownership of Cable Systems



Sec. 76.501  Cross-ownership.

    (a)-(c) [Reserved]
    (d) No cable operator shall offer satellite master antenna 
television service (``SMATV''), as that service is defined in Sec. 
76.5(a)(2), separate and apart from any franchised cable service in any 
portion of the franchise area served by that cable operator's cable 
system, either directly or indirectly through an affiliate owned, 
operated, controlled, or under common control with the cable operator.
    (e)(1) A cable operator may directly or indirectly, through an 
affiliate owned, operated, controlled by, or under common control with 
the cable operator, offer SMATV service within its franchise area if the 
cable operator's SMATV system was owned, operated, controlled by or 
under common control with the cable operator as of October 5, 1992.
    (2) A cable operator may directly or indirectly, through an 
affiliate owned, operated, controlled by, or under common control with 
the cable operator, offer service within its franchise area through 
SMATV facilities, provided such service is offered in accordance with 
the terms and conditions of a cable franchise agreement.
    (f) The restrictions in paragraphs (d) and (e) of this section shall 
not apply to any cable operator in any franchise

[[Page 606]]

area in which a cable operator is subject to effective competition as 
determined under section 623(l) of the Communications Act.

    Note 1 to Sec. 76.501: Actual working control, in whatever manner 
exercised, shall be deemed a cognizable interest.
    Note 2 to Sec. 76.501: In applying the provisions of this section, 
ownership and other interests in an entity or entities covered by this 
rule will be attributed to their holders and deemed cognizable pursuant 
to the following criteria:
    (a) Except as otherwise provided herein, partnership and direct 
ownership interests and any voting stock interest amounting to 5% or 
more of the outstanding voting stock of a corporation will be 
cognizable;
    (b) Investment companies, as defined in 15 U.S.C. 80a-3, insurance 
companies and banks holding stock through their trust departments in 
trust accounts will be considered to have a cognizable interest only if 
they hold 20% or more of the outstanding voting stock of a corporation, 
or if any of the officers or directors of the corporation are 
representatives of the investment company, insurance company or bank 
concerned. Holdings by a bank or insurance company will be aggregated if 
the bank or insurance company has any right to determine how the stock 
will be voted. Holdings by investment companies will be aggregated if 
under common management.
    (c) Attribution of ownership interests in an entity covered by this 
rule that are held indirectly by any party through one or more 
intervening corporations will be determined by successive multiplication 
of the ownership percentages for each link in the vertical ownership 
chain and application of the relevant attribution benchmark to the 
resulting product, except that wherever the ownership percentage for any 
link in the chain exceeds 50%, it shall not be included for purposes of 
this multiplication. [For example, if A owns 10% of company X, which 
owns 60% of company Y, which owns 25% of ``Licensee,'' then X's interest 
in ``Licensee'' would be 25% (the same as Y's interest since X's 
interest in Y exceeds 50%), and A's interest in ``Licensee'' would be 
2.5% (0.1 x 0.25). Under the 5% attribution benchmark, X's interest in 
``Licensee'' would be cognizable, while A's interest would not be 
cognizable.]
    (d) Voting stock interests held in trust shall be attributed to any 
person who holds or shares the power to vote such stock, to any person 
who has the sole power to sell such stock, and to any person who has the 
right to revoke the trust at will or to replace the trustee at will. If 
the trustee has a familial, personal or extra-trust business 
relationship to the grantor or the beneficiary, the grantor or 
beneficiary, as appropriate, will be attributed with the stock interests 
held in trust. An otherwise qualified trust will be ineffective to 
insulate the grantor or beneficiary from attribution with the trust's 
assets unless all voting stock interests held by the grantor or 
beneficiary in the relevant entity covered by this rule are subject to 
said trust.
    (e) Subject to paragraph (i) of this Note, holders of non-voting 
stock shall not be attributed an interest in the issuing entity. Subject 
to paragraph (i) of this Note, holders of debt and instruments such as 
warrants, convertible debentures, options or other non-voting interests 
with rights of conversion to voting interests shall not be attributed 
unless and until conversion is effected.
    (f)(1) Subject to paragraph (i) of this Note, a limited partnership 
interest shall be attributed to a limited partner unless that partner is 
not materially involved, directly or indirectly, in the management or 
operation of the media-related activities of the partnership and the 
relevant entity so certifies. An interest in a Limited Liability Company 
(``LLC'') or Registered Limited Liability Partnership (``RLLP'') shall 
be attributed to the interest holder unless that interest holder is not 
materially involved, directly or indirectly, in the management or 
operation of the media-related activities of the partnership and the 
relevant entity so certifies.
    (2) In the case of a limited partnership, in order for an entity to 
make the certification set forth in paragraph (g)(1) of this section, it 
must verify that the partnership agreement or certificate of limited 
partnership, with respect to the particular limited partner exempt from 
attribution, establishes that the exempt limited partner has no material 
involvement, directly or indirectly, in the management or operation of 
the media activities of the partnership. In the case of an LLC or RLLP, 
in order for an entity to make the certification set forth in paragraph 
(g)(1) of this section, it must verify that the organizational document, 
with respect to the particular interest holder exempt from attribution, 
establishes that the exempt interest holder has no material involvement, 
directly or indirectly, in the management or operation of the media 
activities of the LLC or RLLP. The criteria which would assume adequate 
insulation for purposes of these certifications are described in the 
Memorandum Opinion and Order in MM Docket No. 83-46, FCC 85-252 
(released June 24, 1985), as modified on reconsideration in the 
Memorandum Opinion and Order in MM Docket No. 83-46, FCC 86-410 
(released November 28, 1986). Irrespective of the terms of the 
certificate of limited partnership or partnership agreement, or other 
organizational document in the case of an LLC or RLLP, however, no such 
certification shall be made if the individual or entity making the 
certification has

[[Page 607]]

actual knowledge of any material involvement of the limited partners, or 
other interest holders in the case of an LLC or RLLP, in the management 
or operation of the media businesses of the partnership or LLC or RLLP.
    (3) In the case of an LLC or RLLP, the entity seeking insulation 
shall certify, in addition, that the relevant state statute authorizing 
LLCs permits an LLC member to insulate itself as required by our 
criteria.
    (g) Officers and directors of an entity covered by this rule are 
considered to have a cognizable interest in the entity with which they 
are so associated. If any such entity engages in businesses in addition 
to its primary media business, it may request the Commission to waive 
attribution for any officer or director whose duties and 
responsibilities are wholly unrelated to its primary business. The 
officers and directors of a parent company of a media entity, with an 
attributable interest in any such subsidiary entity, shall be deemed to 
have a cognizable interest in the subsidiary unless the duties and 
responsibilities of the officer or director involved are wholly 
unrelated to the media subsidiary, and a certification properly 
documenting this fact is submitted to the Commission. The officers and 
directors of a sister corporation of a media entity shall not be 
attributed with ownership of that entity by virtue of such status.
    (h) Discrete ownership interests held by the same individual or 
entity will be aggregated in determining whether or not an interest is 
cognizable under this section. An individual or entity will be deemed to 
have a cognizable investment if:
    (1) The sum of the interests held by or through ``passive 
investors'' is equal to or exceeds 20 percent; or
    (2) The sum of the interests other than those held by or through 
``passive investors'' is equal to or exceeds 5 percent; or
    (3) The sum of the interests computed under paragraph (i)(1) of this 
section plus the sum of the interests computed under paragraph (i)(2) of 
this section is equal to or exceeds 20 percent.
    (i) Notwithstanding paragraphs (e) and (f) of this Note, the holder 
of an equity or debt interest or interests in an entity covered by this 
rule shall have that interest attributed if the equity (including all 
stockholdings, whether voting or nonvoting, common or preferred, and 
partnership interests) and debt interest or interests, in the aggregate, 
exceed 33 percent of the total asset value (all equity plus all debt) of 
that entity, provided however that:
    (1) in applying the provisions of paragraph (i) of this note to 
Sec. Sec. 76.501, 76.505 and 76.905(b)(2), the holder of an equity or 
debt interest or interests in a broadcast station, cable system, SMATV 
or multiple video distribution provider subject to Sec. 76.501, Sec. 
76.505, or Sec. 76.905(b)(2) (``interest holder'') shall have that 
interest attributed if the equity (including all stockholdings, whether 
voting or nonvoting, common or preferred, and partnership interests) and 
debt interest or interests, in the aggregate, exceed 33 percent of the 
total asset value (defined as the aggregate of all equity plus all debt) 
of that entity; and
    (i) the interest holder also holds an interest in a broadcast 
station, cable system, SMATV, or multiple video distribution provider 
that operates in the same market, is subject to Sec. 76.501, Sec. 
76.505, or Sec. 76.905(b)(2) and is attributable without reference to 
this paragraph (i); or
    (ii) the interest holder supplies over fifteen percent of the total 
weekly broadcast programming hours of the station in which the interest 
is held.
    (2) For purposes of applying subparagraph (i)(1), the term 
``market'' will be defined as it is defined under the rule that is being 
applied.
    Note 3 to Sec. 76.501: In cases where record and beneficial 
ownership of voting stock is not identical (e.g., bank nominees holding 
stock as record owners for the benefit of mutual funds, brokerage houses 
holding stock in street names for benefit of customers, investment 
advisors holding stock in their own names for the benefit of clients, 
and insurance companies holding stock), the party having the right to 
determine how the stock will be voted will be considered to own it for 
purposes of this subpart.
    Note 4 to Sec. 76.501: Paragraph (a) of this section will not be 
applied so as to require the divestiture of ownership interests 
proscribed herein solely because of the transfer of such interests to 
heirs or legatees by will or intestacy, provided that the degree or 
extent of the proscribed cross-ownership is not increased by such 
transfer.
    Note 5 to Sec. 76.501: Certifications pursuant to this section and 
these notes shall be sent to the attention of the Media Bureau, Federal 
Communications Commission, located at the address of the FCC's main 
office indicated in 47 CFR 0.401(a).
    Note 6 to Sec. 76.501: In applying paragraph (a) of Sec. 76.501, 
for purposes of paragraph note 2(i) of this section, attribution of 
ownership interests in an entity covered by this rule that are held 
indirectly by any party through one or more intervening organizations 
will be determined by successive multiplication of the ownership 
percentages for each link in the vertical ownership chain and 
application of the relevant attribution benchmark to the resulting 
product. The ownership percentage for any link in the chain that exceeds 
50% shall be included. [For example, if A owns 10% of company X, which 
owns 60% of company Y, which owns 25% of ``Licensee,'' then X's interest 
in ``Licensee'' would 15% (0.6 x

[[Page 608]]

0.25), and A's interest in ``Licensee'' would be 1.5% (0.1 x 0.6 x 
0.25).]

[58 FR 27677, May 11, 1993, as amended at 60 FR 37834, July 24, 1995; 61 
FR 15388, Apr. 8, 1996; 64 FR 50646, Sept. 17, 1999; 64 FR 67194, Dec. 
1, 1999; 66 FR 9973, Feb. 13, 2001; 67 FR 13234, Mar. 21, 2002; 68 FR 
13237, Mar. 19, 2003; 85 FR 64409, Oct. 13, 2020]



Sec. 76.502  Time limits applicable to franchise authority consideration of transfer applications.

    (a) A franchise authority shall have 120 days from the date of 
submission of a completed FCC Form 394, together with all exhibits, and 
any additional information required by the terms of the franchise 
agreement or applicable state or local law to act upon an application to 
sell, assign, or otherwise transfer controlling ownership of a cable 
system.
    (b) A franchise authority that questions the accuracy of the 
information provided under paragraph (a) must notify the cable operator 
within 30 days of the filing of such information, or such information 
shall be deemed accepted, unless the cable operator has failed to 
provide any additional information reasonably requested by the franchise 
authority within 10 days of such request.
    (c) If the franchise authority fails to act upon such transfer 
request within 120 days, such request shall be deemed granted unless the 
franchise authority and the requesting party otherwise agree to an 
extension of time.

[61 FR 15388, Apr. 8, 1996]



Sec. 76.503  National subscriber limits.

    (a) No cable operator shall serve more than 30 percent of all 
multichannel-video programming subscribers nationwide through 
multichannel video programming distributors owned by such operator or in 
which such cable operator holds an attributable interest.
    (b)-(d) [Reserved]
    (e) ``Multichannel video-programming subscribers'' means subscribers 
who receive multichannel video-programming from cable systems, direct 
broadcast satellite services, direct-to-home satellite services, BRS/
EBS, local multipoint distribution services, satellite master antenna 
television services (as defined in Sec. 76.5(a)(2)), and open video 
systems.
    (f) ``Cable operator'' means any person or entity that owns or has 
an attributable interest in an incumbent cable franchise.
    (g) Prior to acquiring additional multichannel video-programming 
providers, any cable operator that serves 20% or more of multichannel 
video-programming subscribers nationwide shall certify to the 
Commission, concurrent with its applications to the Commission for 
transfer of licenses at issue in the acquisition, that no violation of 
the national subscriber limits prescribed in this section will occur as 
a result of such acquisition.

    Note 1 to Sec. 76.503: Certifications made under this section shall 
be sent to the attention of the Media Bureau, Federal Communications 
Commission, located at the address of the FCC's main office indicated in 
47 CFR 0.401(a).
    Note 2 to Sec. 76.503: Attributable Interest shall be defined by 
reference to the criteria set forth in Notes 1 through 5 to Sec. 76.501 
provided however, that:
    (a) Notes 2(f) and 2(g) to Sec. 76.501 to shall not apply;
    (b)(1) Subject to Note 2(i) to Sec. 76.501, a limited partnership 
interest shall be attributed to a limited partner unless that partner is 
not materially involved, directly or indirectly, in the management or 
operation of the video programming-related activities of the partnership 
and the relevant entity so certifies. An interest in a Limited Liability 
Company (``LLC'') or Registered Limited Liability Partnership (``RLLP'') 
shall be attributed to the interest holder unless that interest holder 
is not materially involved, directly or indirectly, in the management or 
operation of the video programming-related activities of the partnership 
and the relevant entity so certifies.
    (2) In the case of a limited partnership, in order for an entity to 
make the certification set forth in paragraph (b)(1) of this section, it 
must verify that the partnership agreement or certificate of limited 
partnership, with respect to the particular limited partner exempt from 
attribution, establishes that the exempt limited partner has no material 
involvement, directly or indirectly, in the management or operation of 
the video programming activities of the partnership. In the case of an 
LLC or RLLP, in order for an entity to make the certification set forth 
in paragraph (g)(1) of this section, it must verify that the 
organizational document, with respect to the particular interest holder 
exempt from attribution, establishes that the exempt interest holder has 
no material

[[Page 609]]

involvement, directly or indirectly, in the management or operation of 
the video programming activities of the LLC or RLLP. The criteria which 
would assume adequate insulation for purposes of these certifications 
are described in the Report and Order, FCC No. 99-288, CS Docket No. 98-
82 (released October 20, 1999). In order for the Commission to accept 
the certification, the certification must be accompanied by facts, e.g. 
in the form of documents, affidavits or declarations, that demonstrate 
that these insulation criteria are met. Irrespective of the terms of the 
certificate of limited partnership or partnership agreement, or other 
organizational document in the case of an LLC or RLLP, however, no such 
certification shall be made if the individual or entity making the 
certification has actual knowledge of any material involvement of the 
limited partners, or other interest holders in the case of an LLC or 
RLLP, in the management or operation of the video-programming activities 
of the partnership or LLC or RLLP.
    (3) In the case of an LLC or RLLP, the entity seeking insulation 
shall certify, in addition, that the relevant state statute authorizing 
LLCs permits an LLC member to insulate itself as required by our 
criteria.
    (c) Officers and directors of an entity covered by this rule are 
considered to have a cognizable interest in the entity with which they 
are so associated. If any such entity engages in activities other than 
video-programming activities, it may request the Commission to waive 
attribution for any officer or director whose duties and 
responsibilities are wholly unrelated to the entity's video-programming 
activities. In the case of common or appointed directors and officers, 
if common or appointed directors or officers have duties and 
responsibilities that are wholly unrelated to video-programming 
activities for both entities, the relevant entity may request the 
Commission to waive attribution of the director or officer. The officers 
and directors of a parent company of a video-programming business, with 
an attributable interest in any such subsidiary entity, shall be deemed 
to have a cognizable interest in the subsidiary unless the duties and 
responsibilities of the officer or director involved are wholly 
unrelated to the video-programming subsidiary, and a certification 
properly documenting this fact is submitted to the Commission. The 
officers and directors of a sister corporation of a cable system shall 
not be attributed with ownership of that entity by virtue of such 
status.

[64 FR 67195, 67199, Dec. 1, 1999, as amended at 67 FR 13234, Mar. 21, 
2002; 69 FR 72046, Dec. 10, 2004; 73 FR 11050, Feb. 29, 2008; 85 FR 
64409, Oct. 13, 2020]



Sec. 76.504  Limits on carriage of vertically integrated programming.

    (a) Except as otherwise provided in this section no cable operator 
shall devote more than 40 percent of its activated channels to the 
carriage of national video programming services owned by the cable 
operator or in which the cable operator has an attributable interest.
    (b) The channel occupancy limits set forth in paragraph (a) of this 
section shall apply only to channel capacity up to 75 channels.
    (c) A cable operator may devote two additional channels or up to 45 
percent of its channel capacity, whichever is greater, to the carriage 
of video programming services owned by the cable operator or in which 
the cable operator has an attributable interest provided such video 
programming services are minority-controlled.
    (d) Cable operators carrying video programming services owned by the 
cable operator or in which the cable operator holds an attributable 
interest in excess of limits set forth in paragraph (a) of this section 
as of December 4, 1992, shall not be precluded by the restrictions in 
this section.
    (e) Minority-controlled means more than 50 percent owned by one or 
more members of a minority group.
    (f) Minority means Black, Hispanic, American Indian, Alaska Native, 
Asian and Pacific Islander.

    Note 1: Attributable interest shall be defined by reference to the 
criteria set forth in Notes 1 through 5 to Sec. 76.501 provided 
however, that:
    (a) Notes 2(f) and 2(g) to Sec. 76.501 to shall not apply;
    (b)(1) Subject to Note 2(i) to Sec. 76.501, a limited partnership 
interest shall be attributed to a limited partner unless that partner is 
not materially involved, directly or indirectly, in the management or 
operation of the video programming-related activities of the partnership 
and the relevant entity so certifies. An interest in a Limited Liability 
Company (``LLC'') or Registered Limited Liability Partnership (``RLLP'') 
shall be attributed to the interest holder unless that interest holder 
is not materially involved, directly or indirectly, in the management or 
operation of the video programming-related activities of the partnership 
and the relevant entity so certifies.
    (2) In the case of a limited partnership, in order for an entity to 
make the certification

[[Page 610]]

set forth in paragraph (b)(1) of this section, it must verify that the 
partnership agreement or certificate of limited partnership, with 
respect to the particular limited partner exempt from attribution, 
establishes that the exempt limited partner has no material involvement, 
directly or indirectly, in the management or operation of the video 
programming activities of the partnership. In the case of an LLC or 
RLLP, in order for an entity to make the certification set forth in 
paragraph (g)(1) of this section, it must verify that the organizational 
document, with respect to the particular interest holder exempt from 
attribution, establishes that the exempt interest holder has no material 
involvement, directly or indirectly, in the management or operation of 
the video programming activities of the LLC or RLLP. The criteria which 
would assume adequate insulation for purposes of these certifications 
are described in the Report and Order, FCC No. 99-288, CS Docket No. 98-
82 (released October 20, 1999). In order for the Commission to accept 
the certification, the certification must be accompanied by facts, e.g. 
in the form of documents, affidavits or declarations, that demonstrate 
that these insulation criteria are met. Irrespective of the terms of the 
certificate of limited partnership or partnership agreement, or other 
organizational document in the case of an LLC or RLLP, however, no such 
certification shall be made if the individual or entity making the 
certification has actual knowledge of any material involvement of the 
limited partners, or other interest holders in the case of an LLC or 
RLLP, in the management or operation of the video-programming activities 
of the partnership or LLC or RLLP.
    (3) In the case of an LLC or RLLP, the entity seeking insulation 
shall certify, in addition, that the relevant state statute authorizing 
LLCs permits an LLC member to insulate itself as required by our 
criteria.
    (c) Officers and directors of an entity covered by this rule are 
considered to have a cognizable interest in the entity with which they 
are so associated. If any such entity engages in activities other than 
video-programming activities, it may request the Commission to waive 
attribution for any officer or director whose duties and 
responsibilities are wholly unrelated to the entity's video-programming 
activities. In the case of common or appointed directors and officers, 
if common or appointed directors or officers have duties and 
responsibilities that are wholly unrelated to video-programming 
activities for both entities, the relevant entity may request the 
Commission to waive attribution of the director or officer. The officers 
and directors of a parent company of a video-programming business, with 
an attributable interest in any such subsidiary entity, shall be deemed 
to have a cognizable interest in the subsidiary unless the duties and 
responsibilities of the officer or director involved are wholly 
unrelated to the video-programming subsidiary, and a certification 
properly documenting this fact is submitted to the Commission. The 
officers and directors of a sister corporation of a cable system shall 
not be attributed with ownership of that entity by virtue of such 
status.

[58 FR 60141, Nov. 15, 1993, as amended at 64 FR 67196, Dec. 1, 1999; 65 
FR 53615, Sept. 5, 2000; 85 FR 73429, Nov. 18, 2020]



Sec. 76.505  Prohibition on buy outs.

    (a) No local exchange carrier or any affiliate of such carrier owned 
by, operated by, controlled by, or under common control with such 
carrier may purchase or otherwise acquire directly or indirectly more 
than a 10 percent financial interest, or any management interest, in any 
cable operator providing cable service within the local exchange 
carrier's telephone service area.
    (b) No cable operator or affiliate of a cable operator that is owned 
by, operated by, controlled by, or under common ownership with such 
cable operator may purchase or otherwise acquire, directly or 
indirectly, more than a 10 percent financial interest, or any management 
interest, in any local exchange carrier providing telephone exchange 
service within such cable operator's franchise area.
    (c) A local exchange carrier and a cable operator whose telephone 
service area and cable franchise area, respectively, are in the same 
market may not enter into any joint venture or partnership to provide 
video programming directly to subscribers or to provide 
telecommunications services within such market.
    (d) Exceptions:
    (1) Notwithstanding paragraphs (a), (b), and (c) of this section, a 
local exchange carrier (with respect to a cable system located in its 
telephone service area) and a cable operator (with respect to the 
facilities of a local exchange carrier used to provide telephone 
exchange service in its cable franchise area) may obtain a controlling 
interest in, management interest in, or enter into a joint venture or 
partnership with the operator of such system or facilities for the use 
of such system or facilities to the extent that:

[[Page 611]]

    (i) Such system or facilities only serve incorporated or 
unincorporated :
    (A) Places or territories that have fewer than 35,000 inhabitants; 
and
    (B) Are outside an urbanized area, as defined by the Bureau of the 
Census; and
    (ii) In the case of a local exchange carrier, such system, in the 
aggregate with any other system in which such carrier has an interest, 
serves less than 10 percent of the households in the telephone service 
area of such carrier.
    (2) Notwithstanding paragraph (c) of this section, a local exchange 
carrier may obtain, with the concurrence of the cable operator on the 
rates, terms, and conditions, the use of that part of the transmission 
facilities of a cable system extending from the last multi-user terminal 
to the premises of the end user, if such use is reasonably limited in 
scope and duration, as determined by the Commission.
    (3) Notwithstanding paragraphs (a) and (c) of this section, a local 
exchange carrier may obtain a controlling interest in, or form a joint 
venture or other partnership with, or provide financing to, a cable 
system (hereinafter in this paragraph referred to as ``the subject cable 
system'') if:
    (i) The subject cable system operates in a television market that is 
not in the top 25 markets, and such market has more than 1 cable system 
operator, and the subject cable system is not the cable system with the 
most subscribers in such television market;
    (ii) The subject cable system and the cable system with the most 
subscribers in such television market held on May 1, 1995, cable 
television franchises from the largest municipality in the television 
market and the boundaries of such franchises were identical on such 
date;
    (iii) The subject cable system is not owned by or under common 
ownership or control of any one of the 50 cable system operators with 
the most subscribers as such operators existed on May 1, 1995; and
    (iv) The system with the most subscribers in the television market 
is owned by or under common ownership or control of any one of the 10 
largest cable system operators as such operators existed on May 1, 1995.
    (4) Paragraph (a) of this section does not apply to any cable system 
if:
    (i) The cable system serves no more than 17,000 cable subscribers, 
of which no less than 8,000 live within an urban area, and no less than 
6,000 live within a nonurbanized area as of June 1, 1995;
    (ii) The cable system is not owned by, or under common ownership or 
control with, any of the 50 largest cable system operators in existence 
on June 1, 1995; and
    (iii) The cable system operates in a television market that was not 
in the top 100 television markets as of June 1, 1995.
    (5) Notwithstanding paragraphs (a) and (c) of this section, a local 
exchange carrier with less than $100,000,000 in annual operating 
revenues (or any affiliate of such carrier owned by, operated by, 
controlled by, or under common control with such carrier) may purchase 
or otherwise acquire more than a 10 percent financial interest in, or 
any management interest in, or enter into a joint venture or partnership 
with, any cable system within the local exchange carrier's telephone 
service area that serves no more than 20,000 cable subscribers, if no 
more than 12,000 of those subscribers live within an urbanized area, as 
defined by the Bureau of the Census.
    (6) The Commission may waive the restrictions of paragraphs (a), 
(b), or (c) of this section only if:
    (i) The Commission determines that, because of the nature of the 
market served by the affected cable system or facilities used to provide 
telephone exchange service:
    (A) The affected cable operator or local exchange carrier would be 
subjected to undue economic distress by the enforcement of such 
provisions;
    (B) The system or facilities would not be economically viable if 
such provisions were enforced; or
    (C) The anticompetitive effects of the proposed transaction are 
clearly outweighed in the public interest by the probable effect of the 
transaction in meeting the convenience and needs of the community to be 
served; and
    (ii) The local franchising authority approves of such waiver.
    (e) For purposes of this section, the term ``telephone service 
area'' when

[[Page 612]]

used in connection with a common carrier subject in whole or in part to 
title II of the Communications Act means the area within which such 
carrier provided telephone exchange service as of January 1, 1993, but 
if any common carrier after such date transfers its telephone exchange 
service facilities to another common carrier, the area to which such 
facilities provide telephone exchange service shall be treated as part 
of the telephone service area of the acquiring common carrier and not of 
the selling common carrier.
    (f) For purposes of this section, entities are affiliated if either 
entity has an attributable interest in the other or if a third party has 
an attributable interest in both entities.
    (g) Attributable interest shall be defined by reference to the 
criteria set forth in Notes 1 through 5 to Sec. 76.501.

[61 FR 18977, Apr. 30, 1996, as amended at 64 FR 67196, Dec. 1, 1999]



                      Subpart K_Technical Standards



Sec. 76.601  Performance tests.

    (a) The operator of each cable television system shall be 
responsible for insuring that each such system is designed, installed, 
and operated in a manner that fully complies with the provisions of this 
subpart.
    (b) The operator of each cable television system that operates NTSC 
or similar channels shall conduct performance tests of the analog 
channels on that system at least twice each calendar year (at intervals 
not to exceed seven months), unless otherwise noted below. The 
performance tests shall be directed at determining the extent to which 
the system complies with all the technical standards set forth in Sec. 
76.605 and shall be as follows:
    (1) For cable television systems with 1,000 or more subscribers but 
with 12,500 or fewer subscribers, proof-of-performance tests conducted 
pursuant to this section shall include measurements taken at six (6) 
widely separated points. However, within each cable system, one 
additional test point shall be added for every additional 12,500 
subscribers or fraction thereof (e.g., 7 test points if 12,501 to 25,000 
subscribers; 8 test points if 25,001 to 37,500 subscribers, etc.). In 
addition, for technically integrated portions of cable systems that are 
not mechanically continuous (e.g., employing microwave connections), at 
least one test point will be required for each portion of the cable 
system served by a technically integrated hub. The proof-of-performance 
test points chosen shall be balanced to represent all geographic areas 
served by the cable system. At least one-third of the test points shall 
be representative of subscriber terminals most distant from the system 
input and from each microwave receiver (if microwave transmissions are 
employed), in terms of cable length. The measurements may be taken at 
convenient monitoring points in the cable network provided that data 
shall be included to relate the measured performance of the system as 
would be viewed from a nearby subscriber terminal. An identification of 
the instruments, including the makes, model numbers, and the most recent 
date of calibration, a description of the procedures utilized, and a 
statement of the qualifications of the person performing the tests shall 
also be included.
    (2) Proof-of-performance tests to determine the extent to which a 
cable television system complies with the standards set forth in Sec. 
76.605(b)(3), (4), and (5) shall be made on each of the NTSC or similar 
video channels of that system. Unless otherwise noted, proof-of-
performance tests for all other standards in Sec. 76.605(b) shall be 
made on a minimum of five (5) channels for systems operating a total 
activated channel capacity of less than 550 MHz, and ten (10) channels 
for systems operating a total activated channel capacity of 550 MHz or 
greater. The channels selected for testing must be representative of all 
the channels within the cable television system.
    (i) The operator of each cable television system that operates NTSC 
or similar channels shall conduct semi-annual proof-of-performance tests 
of that system, to determine the extent to which the system complies 
with the technical standards set forth in Sec. 76.605(b)(4) as follows. 
The visual signal level on each channel shall be measured and recorded, 
along with the date and time of the measurement, once every six hours 
(at intervals of

[[Page 613]]

not less than five hours or no more than seven hours after the previous 
measurement), to include the warmest and the coldest times, during a 24-
hour period in January or February and in July or August.
    (ii) The operator of each cable television system that operates NTSC 
or similar channels shall conduct triennial proof-of-performance tests 
of its system to determine the extent to which the system complies with 
the technical standards set forth in Sec. 76.605(b)(11).
    (c) Successful completion of the performance tests required by 
paragraph (b) of this section does not relieve the system of the 
obligation to comply with all pertinent technical standards at all 
subscriber terminals. Additional tests, repeat tests, or tests involving 
specified subscriber terminals may be required by the Commission or the 
local franchiser to secure compliance with the technical standards.
    (d) The provisions of paragraphs (b) and (c) of this section shall 
not apply to any cable television system having fewer than 1,000 
subscribers: Provided, however, that any cable television system using 
any frequency spectrum other than that allocated to over-the-air 
television and FM broadcasting (as described in Sec. Sec. 73.603 and 
73.210 of this chapter) is required to conduct all tests, measurements 
and monitoring of signal leakage that are required by this subpart. A 
cable television system operator complying with the monitoring, logging 
and the leakage repair requirements of Sec. 76.614, shall be considered 
to have met the requirements of this paragraph. However, the leakage log 
shall be retained for five years rather than the two years prescribed in 
Sec. 76.1706.

    Note 1 to Sec. 76.601: Prior to requiring any additional testing 
pursuant to Sec. 76.601(c), the local franchising authority shall 
notify the cable operator who will be allowed thirty days to come into 
compliance with any perceived signal quality problems which need to be 
corrected. The Commission may request cable operators to test their 
systems at any time.
    Note 2 to Sec. 76.601: Section 76.1717 contains recordkeeping 
requirements for each system operator in order to show compliance with 
the technical rules of this subpart.
    Note 3 to Sec. 76.601: Section 76.1704 contains recordkeeping 
requirements for proof of performance tests.

[65 FR 53615, Sept. 5, 2000, as amended at 83 FR 7627, Feb. 22, 2018]



Sec. 76.602  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the FCC must publish a document in the 
Federal Register and the material must be available to the public. All 
approved incorporation by reference (IBR) material is available for 
inspection at the FCC and the National Archives and Records 
Administration (NARA). Contact the FCC through the Federal 
Communications Commission's Reference Information Center, phone: (202) 
418-0270. For information on the availability of this material at NARA, 
visit www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. The material may be obtained from the sources in 
the following paragraphs of this section.
    (b) The following materials are available from Advanced Television 
Systems Committee (ATSC), 1776 K Street NW., 8th Floor, Washington, DC 
20006; phone: 202-872-9160; or online at http://www.atsc.org/
standards.html.
    (1) ATSC A/65B: ``ATSC Standard: Program and System Information 
Protocol for Terrestrial Broadcast and Cable (Revision B),'' March 18, 
2003, IBR approved for Sec. 76.640.
    (2) ATSC A/85:2013 ``ATSC Recommended Practice: Techniques for 
Establishing and Maintaining Audio Loudness for Digital Television,'' 
(March 12, 2013) (``ATSC A/85 RP''), IBR approved for Sec. 76.607.
    (c) The following materials are available from the Consumer 
Technology Association (formerly the Consumer Electronics Association), 
1919 S Eads St., Arlington, VA 22202; phone: 703-907-7600; web: 
standards.cta.tech/kwspub/published_docs/.
    (1) CTA-542-D, ``Cable Television Channel Identification Plan,'' 
June 2013, IBR approved for Sec. 76.605.

[[Page 614]]

    (2) CEA-931-A, ``Remote Control Command Pass-through Standard for 
Home Networking,'' 2003, IBR approved for Sec. 76.640. (CEA-931-A is 
available through the document history of ``CTA-931'' from the reseller 
in paragraph (e)(2) of this section.)
    (d) The following materials are available from Society of Cable 
Telecommunications Engineers (SCTE), 140 Philips Road Exton, PA 19341-
1318; phone: 800-542-5040; or online at http://www.scte.org/standards/
Standards_Available.aspx.
    (1) ANSI/SCTE 26 2001 (formerly DVS 194): ``Home Digital Network 
Interface Specification with Copy Protection,'' 2001, IBR approved for 
Sec. 76.640.
    (2) SCTE 28 2003 (formerly DVS 295): ``Host-POD Interface 
Standard,'' 2003, IBR approved for Sec. 76.640.
    (3) ANSI/SCTE 40 2016, ``Digital Cable Network Interface Standard,'' 
copyright 2016, IBR approved for Sec. Sec. 76.605, 76.640.
    (4) SCTE 41 2003 (formerly DVS 301): ``POD Copy Protection System,'' 
2003, IBR approved for Sec. 76.640.
    (5) ANSI/SCTE 54 2003 (formerly DVS 241), ``Digital Video Service 
Multiplex and Transport System Standard for Cable Television,'' 2003, 
IBR approved for Sec. 76.640.
    (6) ANSI/SCTE 65 2002 (formerly DVS 234), ``Service Information 
Delivered Out-of-Band for Digital Cable Television,'' 2002, IBR approved 
for Sec. 76.640.
    (e) Some standards listed above are also available for purchase from 
the following sources:
    (1) American National Standards Institute (ANSI), 25 West 43rd 
Street, 4th Floor, New York, NY 10036; phone: 212-642-4980; or online at 
http://webstore.ansi.org/.
    (2) Global Engineering Documents (standards reseller), 15 Inverness 
Way East, Englewood, CO 80112; phone: 800-854-7179; or online at http://
global.ihs.com.

[77 FR 40300, July 9, 2012, as amended at 79 FR 51113, Aug. 27, 2014; 83 
FR 7627, Feb. 22, 2018; 85 FR 64409, Oct. 13, 2020; 88 FR 21448, Apr. 
10, 2023]



Sec. 76.605  Technical standards.

    (a) The following requirements apply to the performance of a cable 
television system as measured at the input to any terminal device with a 
matched impedance at the termination point or at the output of the 
modulating or processing equipment (generally the headend) of the cable 
television system or otherwise noted here or in ANSI/SCTE 40 2016. The 
requirements of paragraph (b) of this section are applicable to each 
NTSC or similar video downstream cable television channel in the system. 
Each cable system that uses QAM modulation to transport video 
programming shall adhere to ANSI/SCTE 40 2016 (incorporated by 
reference, see Sec. 76.602). Cable television systems utilizing other 
technologies to distribute programming must respond to consumer 
complaints under paragraph (d) of this section.
    (b) For each NTSC or similar video downstream cable television 
channel in the system:
    (1) The cable television channels delivered to the subscriber's 
terminal shall be capable of being received and displayed by TV 
broadcast receivers used for off-the-air reception of TV broadcast 
signals, as authorized under part 73 of this chapter; and cable 
television systems shall transmit signals to subscriber premises 
equipment on frequencies in accordance with the channel allocation plan 
set forth in CTA-542-D (incorporated by reference, see Sec. 76.602).
    (2) The aural center frequency of the aural carrier must be 4.5 MHz 
5 kHz above the frequency of the visual carrier at 
the output of the modulating or processing equipment of a cable 
television system, and at the subscriber terminal.
    (3) The visual signal level, across a terminating impedance which 
correctly matches the internal impedance of the cable system as viewed 
from the subscriber terminal, shall not be less than 1 millivolt across 
an internal impedance of 75 ohms (0 dBmV). Additionally, as measured at 
the end of a 30 meter (100 foot) cable drop that is connected to the 
subscriber tap, it shall not be less than 1.41 millivolts across an 
internal impedance of 75 ohms (+3 dBmV). (At other impedance values, the 
minimum visual signal level, as viewed from the subscriber terminal, 
shall be the square root of 0.0133 (Z) millivolts and, as measured at 
the end

[[Page 615]]

of a 30 meter (100 foot) cable drop that is connected to the subscriber 
tap, shall be 2 times the square root of 0.00662(Z) millivolts, where Z 
is the appropriate impedance value.)
    (4) The visual signal level on each channel, as measured at the end 
of a 30 meter cable drop that is connected to the subscriber tap, shall 
not vary more than 8 decibels within any six-month interval, which must 
include four tests performed in six-hour increments during a 24-hour 
period in July or August and during a 24-hour period in January or 
February, and shall be maintained within:
    (i) 3 decibels (dB) of the visual signal level of any visual carrier 
within a 6 MHz nominal frequency separation;
    (ii) 10 dB of the visual signal level on any other channel on a 
cable television system of up to 300 MHz of cable distribution system 
upper frequency limit, with a 1 dB increase for each additional 100 MHz 
of cable distribution system upper frequency limit (e.g., 11 dB for a 
system at 301-400 MHz; 12 dB for a system at 401-500 MHz, etc.); and
    (iii) A maximum level such that signal degradation due to overload 
in the subscriber's receiver or terminal does not occur.
    (5) The rms voltage of the aural signal shall be maintained between 
10 and 17 decibels below the associated visual signal level. This 
requirement must be met both at the subscriber terminal and at the 
output of the modulating and processing equipment (generally the 
headend). For subscriber terminals that use equipment which modulate and 
remodulate the signal (e.g., baseband converters), the rms voltage of 
the aural signal shall be maintained between 6.5 and 17 decibels below 
the associated visual signal level at the subscriber terminal.
    (6) The amplitude characteristic shall be within a range of 2 decibels from 0.75 MHz to 5.0 MHz above the lower 
boundary frequency of the cable television channel, referenced to the 
average of the highest and lowest amplitudes within these frequency 
boundaries. The amplitude characteristic shall be measured at the 
subscriber terminal.
    (7) The ratio of RF visual signal level to system noise shall not be 
less than 43 decibels. For class I cable television channels, the 
requirements of this section are applicable only to:
    (i) Each signal which is delivered by a cable television system to 
subscribers within the predicted Grade B or noise-limited service 
contour, as appropriate, for that signal;
    (ii) Each signal which is first picked up within its predicted Grade 
B or noise-limited service contour, as appropriate;
    (iii) Each signal that is first received by the cable television 
system by direct video feed from a TV broadcast station, a low power TV 
station, or a TV translator station.
    (8) The ratio of visual signal level to the rms amplitude of any 
coherent disturbances such as intermodulation products, second and third 
order distortions or discrete-frequency interfering signals not 
operating on proper offset assignments shall be as follows:
    (i) The ratio of visual signal level to coherent disturbances shall 
not be less than 51 decibels for noncoherent channel cable television 
systems, when measured with modulated carriers and time averaged; and
    (ii) The ratio of visual signal level to coherent disturbances which 
are frequency-coincident with the visual carrier shall not be less than 
47 decibels for coherent channel cable systems, when measured with 
modulated carriers and time averaged.
    (9) The terminal isolation provided to each subscriber terminal:
    (i) Shall not be less than 18 decibels. In lieu of periodic testing, 
the cable operator may use specifications provided by the manufacturer 
for the terminal isolation equipment to meet this standard; and
    (ii) Shall be sufficient to prevent reflections caused by open-
circuited or short-circuited subscriber terminals from producing visible 
picture impairments at any other subscriber terminal.
    (10) The peak-to-peak variation in visual signal level caused by 
undesired low frequency disturbances (hum or repetitive transients) 
generated within the system, or by inadequate low frequency response, 
shall not exceed 3 percent of the visual signal level. Measurements made 
on a single channel

[[Page 616]]

using a single unmodulated carrier may be used to demonstrate compliance 
with this parameter at each test location.
    (11) The following requirements apply to the performance of the 
cable television system as measured at the output of the modulating or 
processing equipment (generally the headend) of the system:
    (i) The chrominance-luminance delay inequality (or chroma delay), 
which is the change in delay time of the chrominance component of the 
signal relative to the luminance component, shall be within 170 
nanoseconds.
    (ii) The differential gain for the color subcarrier of the 
television signal, which is measured as the difference in amplitude 
between the largest and smallest segments of the chrominance signal 
(divided by the largest and expressed in percent), shall not exceed 
20%.
    (iii) The differential phase for the color subcarrier of the 
television signal which is measured as the largest phase difference in 
degrees between each segment of the chrominance signal and reference 
segment (the segment at the blanking level of 0 IRE), shall not exceed 
10 degrees.
    (c) As an exception to the general provision requiring measurements 
to be made at subscriber terminals, and without regard to the type of 
signals carried by the cable television system, signal leakage from a 
cable television system shall be measured in accordance with the 
procedures outlined in Sec. 76.609(h) and shall be limited as shown in 
table 1 to paragraph (c):

                        Table 1 to Paragraph (c)
------------------------------------------------------------------------
                                                            Distance in
            Frequencies             Signal leakage limit    meters (m)
------------------------------------------------------------------------
Analog signals less than and        15 [micro]V/m.......              30
 including 54 MHz, and over 216
 MHz.
Digital signals less than and       13.1 [micro]V/m.....              30
 including 54 MHz, and over 216
 MHz.
Analog signals over 54 MHz up to    20 [micro]V/m.......               3
 and including 216 MHz.
Digital signals over 54 MHz up to   17.4 [micro]V/m.....               3
 and including 216 MHz.
------------------------------------------------------------------------

    (d) Cable television systems distributing signals by methods other 
than 6 MHz NTSC or similar analog channels or 6 MHz QAM or similar 
channels on conventional coaxial or hybrid fiber-coaxial cable systems 
and which, because of their basic design, cannot comply with one or more 
of the technical standards set forth in paragraphs (a) and (b) of this 
section, are permitted to operate without Commission approval, provided 
that the operators of those systems adhere to all other applicable 
Commission rules and respond to consumer and local franchising 
authorities regarding industry-standard technical operation as set forth 
in their local franchise agreements and consistent with Sec. 76.1713.
    Note 1: Local franchising authorities of systems serving fewer than 
1,000 subscribers may adopt standards less stringent than those in Sec. 
76.605(a) and (b). Any such agreement shall be reduced to writing and be 
associated with the system's proof-of-performance records.
    Note 2: For systems serving rural areas as defined in Sec. 76.5, 
the system may negotiate with its local franchising authority for 
standards less stringent than those in Sec. 76.605(b)(3), (7), (8), 
(10) and (11). Any such agreement shall be reduced to writing and be 
associated with the system's proof-of-performance records.
    Note 3: The requirements of this section shall not apply to devices 
subject to the TV interface device rules under part 15 of this chapter.
    Note 4: Should subscriber complaints arise from a system failing to 
meet Sec. 76.605(b)(10), the cable operator will be required to remedy 
the complaint and perform test measurements on Sec. 76.605(b)(10) 
containing the full number of channels as indicated in Sec. 
76.601(b)(2) at the complaining subscriber's terminal. Further, should 
the problem be found to be system-wide, the Commission may order that 
the full number of channels as indicated in Sec. 76.601(b)(2) be tested 
at all required locations for future proof-of-performance tests.
    Note 5: No State or franchising authority may prohibit, condition, 
or restrict a cable system's use of any type of subscriber equipment or 
any transmission technology.

[83 FR 7627, Feb. 22, 2018]

[[Page 617]]



Sec. 76.606  Closed captioning.

    (a) The operator of each cable television system shall not take any 
action to remove or alter closed captioning data contained on line 21 of 
the vertical blanking interval.
    (b) The operator of each cable television system shall deliver 
intact closed captioning data contained on line 21 of the vertical 
blanking interval, as it arrives at the headend or from another 
origination source, to subscriber terminals and (when so delivered to 
the cable system) in a format that can be recovered and displayed by 
decoders meeting Sec. 79.101 of this chapter.

[83 FR 7629, Feb. 22, 2018]



Sec. 76.607  Transmission of commercial advertisements.

    (a) Transmission of commercial advertisements by cable operator or 
other multichannel video programming distributor. (1) Mandatory 
compliance with ATSC A/85 RP. Effective December 13, 2012, cable 
operators and other multichannel video programming distributors (MVPDs), 
as defined in 47 U.S.C. 522, must comply with ATSC A/85 RP (incorporated 
by reference, see Sec. 76.602), insofar as it concerns the transmission 
of commercial advertisements.
    (2) Commercials inserted by cable operator or other MVPD. A cable 
operator or other multichannel video programming distributor that 
installs, utilizes, and maintains in a commercially reasonable manner 
the equipment and associated software to comply with ATSC A/85 RP shall 
be deemed in compliance with respect to locally inserted commercials, 
which for the purposes of this provision are commercial advertisements 
added to a programming stream by a cable operator or other MVPD prior to 
or at the time of transmission to viewers. In order to be considered to 
have installed, utilized and maintained the equipment and associated 
software in a commercially reasonable manner, a cable operator or other 
MVPD must:
    (i) Install, maintain and utilize equipment to properly measure the 
loudness of the content and to ensure that the dialnorm metadata value 
correctly matches the loudness of the content when encoding the audio 
into AC-3 for transmitting the content to the consumer;
    (ii) Provide records showing the consistent and ongoing use of this 
equipment in the regular course of business and demonstrating that the 
equipment has undergone commercially reasonable periodic maintenance and 
testing to ensure its continued proper operation;
    (iii) Certify that it either has no actual knowledge of a violation 
of the ATSC A/85 RP, or that any violation of which it has become aware 
has been corrected promptly upon becoming aware of such a violation; and
    (iv) Certify that its own transmission equipment is not at fault for 
any pattern or trend of complaints.
    (3) Embedded commercials--safe harbor. With respect to embedded 
commercials, which, for the purposes of this provision, are those 
commercial advertisements placed into the programming stream by a third 
party (i.e., programmer) and passed through by the cable operator or 
other MVPD to viewers, a cable operator or other MVPD must certify that 
its own transmission equipment is not at fault for any pattern or trend 
of complaints, and may demonstrate compliance with the ATSC A/85 RP 
through one of the following methods:
    (i) Relying on a network's or other programmer's certification of 
compliance with the ATSC A/85 RP with respect to commercial programming, 
provided that:
    (A) The certification is widely available by Web site or other means 
to any television broadcast station, cable operator, or multichannel 
video programming distributor that transmits that programming; and
    (B) The cable operator or other MVPD has no reason to believe that 
the certification is false; and
    (C) The cable operator or other MVPD performs a spot check, as 
defined in Sec. 76.607(a)(3)(iv)(A), (B), (D), and (E), on the 
programming in response to an enforcement inquiry concerning a pattern 
or trend of complaints regarding commercials contained in that 
programming;
    (ii) If transmitting any programming that is not certified as 
described in Sec. 76.607(a)(3)(i):

[[Page 618]]

    (A) A cable operator or other MVPD that had 10,000,000 subscribers 
or more as of December 31, 2011 must perform annual spot checks, as 
defined in Sec. 76.607(a)(3)(iv)(A), (B), (C), and (E), of all the non-
certified commercial programming it receives from a network or other 
programmer that is carried by any system operated by the cable operator 
or other MVPD, and perform a spot check, as defined in Sec. 
76.607(a)(3)(iv)(A), (B), (D), and (E), on programming in response to an 
enforcement inquiry concerning a pattern or trend of complaints 
regarding commercials contained in that programming; and
    (B) A cable operator or other MVPD that had fewer than 10,000,000 
but more than 400,000 subscribers as of December 31, 2011, must perform 
annual spot checks, as defined in Sec. 76.607(a)(3)(iv)(A), (B), (C), 
and (E), of a randomly chosen 50 percent of the non-certified commercial 
programming it receives from a network or other programmer that is 
carried by any system operated by the cable operator or other MVPD, and 
perform a spot check, as defined in Sec. 76.607(a)(3)(iv)(A), (B), (D), 
and (E), on programming in response to an enforcement inquiry concerning 
a pattern or trend of complaints regarding commercials contained in that 
programming; or
    (iii) A cable operator or other MVPD that had fewer than 400,000 
subscribers as of December 31, 2011, need not perform annual spot checks 
but must perform a spot check, as defined in Sec. 76.607(a)(3)(iv)(A), 
(B), (D), and (E), on programming in response to an enforcement inquiry 
concerning a pattern or trend of complaints regarding commercials 
contained in that programming.
    (iv) For the purposes of this section, a ``spot check'' of embedded 
commercials requires monitoring 24 uninterrupted hours of programming 
with an audio loudness meter compliant with the ATSC A/85 RP's 
measurement technique, and reviewing the records from that monitoring to 
detect any commercials transmitted in violation of the ATSC A/85 RP. The 
cable operator or other MVPD must not inform the network or programmer 
of the spot check prior to performing it.
    (A) Spot-checking must be conducted after the signal has passed 
through the cable operator or other MVPD's processing equipment (e.g., 
at the output of a set-top box). If a problem is found, the cable 
operator or other MVPD must determine the source of the noncompliance.
    (B) To be considered valid, the cable operator or other MVPD must 
demonstrate appropriate maintenance records for the audio loudness 
meter.
    (C) With reference to the annual ``safe harbor'' spot check in Sec. 
76.607(a)(3)(ii):
    (1) To be considered valid, the cable operator or other--MVPD must 
demonstrate, at the time of any enforcement inquiry, that appropriate 
spot checks had been ongoing.
    (2) If there is no single 24 hour period in which all programmers of 
a given channel are represented, an annual spot check could consist of a 
series of loudness measurements over the course of a 7 day period, 
totaling no fewer than 24 hours, that measure at least one program, in 
its entirety, provided by each non-certified programmer that supplies 
programming for that channel.
    (3) If annual spot checks are performed for two consecutive years 
without finding evidence of noncompliance with the ATSC A/85 RP, no 
further annual spot checks are required to remain in the safe harbor for 
existing programming.
    (4) Newly-added (or newly de-certified) non-certified channels must 
be spot-checked annually using the approach described in this section. 
If annual spot checks of the channel are performed for two consecutive 
years without finding evidence of noncompliance with the ATSC A/85 RP, 
no further annual spot checks are required to remain in the safe harbor 
for that channel.
    (5) Even after the two year period, if a spot check shows 
noncompliance on a non-certified channel, the cable operator or other 
MVPD must once again perform annual spot checks of that channel to be in 
the safe harbor for that programming. If these renewed annual spot 
checks are performed for two consecutive years without finding 
additional evidence of noncompliance

[[Page 619]]

with the ATSC A/85 RP, no further annual spot checks are required to 
remain in the safe harbor for that channel.
    (D) With reference to the spot checks in response to an enforcement 
inquiry pursuant to Sec. 76.607(a)(3)(i)(C), (ii), or (iii):
    (1) If notified of a pattern or trend of complaints, the cable 
operator or other MVPD must perform the 24-hour spot check of the 
channel or programming at issue within 30 days or as otherwise specified 
by the Enforcement Bureau; and
    (2) If the spot check reveals actual compliance, the cable operator 
or other MVPD must notify the Commission in its response to the 
enforcement inquiry.
    (E) If any spot check shows noncompliance with the ATSC A/85 RP, the 
cable operator or other MVPD must notify the Commission and the network 
or programmer within 7 days, direct the programmer's attention to any 
relevant complaints, and must perform a follow-up spot check within 30 
days of providing such notice. The cable operator or other MVPD must 
notify the Commission and the network or programmer of the results of 
the follow-up spot check. Notice to the Federal Communications 
Commission must be provided to the Chief, Investigations and Hearings 
Division, Enforcement Bureau, or as otherwise directed in a Letter of 
Inquiry to which the cable operator or other MVPD is responding.
    (1) If the follow-up spot check shows compliance with the ATSC A/85 
RP, the cable operator or other MVPD remains in the safe harbor for that 
channel or programming.
    (2) If the follow-up spot check shows noncompliance with the ATSC A/
85 RP, the cable operator or other MVPD will not be in the safe harbor 
with respect to commercials contained in programming for which the spot 
check showed noncompliance until a subsequent spot check shows that the 
programming is in compliance.
    (4) Use of a real-time processor. A cable operator or other MVPD 
that installs, maintains and utilizes a real-time processor in a 
commercially reasonable manner will be deemed in compliance with the 
ATSC A/85 RP with regard to any commercial advertisements on which it 
uses such a processor, so long as it also:
    (i) Provides records showing the consistent and ongoing use of this 
equipment in the regular course of business and demonstrating that the 
equipment has undergone commercially reasonable periodic maintenance and 
testing to ensure its continued proper operation;
    (ii) Certifies that it either has no actual knowledge of a violation 
of the ATSC A/85 RP, or that any violation of which it has become aware 
has been corrected promptly upon becoming aware of such a violation; and
    (iii) Certifies that its own transmission equipment is not at fault 
for any pattern or trend of complaints.
    (5) Commercials locally inserted by a cable operator or other MVPD's 
agent--safe harbor. With respect to commercials locally inserted, which 
for the purposes of this provision are commercial advertisements added 
to a programming stream for the cable operator or other MVPD by a third 
party after it has been received from the programmer but prior to or at 
the time of transmission to viewers, a cable operator or other MVPD may 
demonstrate compliance with the ATSC A/85 RP by relying on the third 
party local inserter's certification of compliance with the ATSC A/85 
RP, provided that:
    (i) The cable operator or other MVPD has no reason to believe that 
the certification is false;
    (ii) The cable operator or other MVPD certifies that its own 
transmission equipment is not at fault for any pattern or trend of 
complaints; and
    (iii) The cable operator or other MVPD performs a spot check, as 
defined in Sec. 76.607(a)(3)(iv)(A), (B), (D), and (E), on the 
programming at issue in response to an enforcement inquiry concerning a 
pattern or trend of complaints regarding commercials inserted by that 
third party.
    (6) Instead of demonstrating compliance pursuant to paragraphs 
(a)(2) through (5) of this section, a cable operator or other MVPD may 
demonstrate compliance with paragraph (a)(1) of this section in response 
to an enforcement inquiry prompted by a

[[Page 620]]

pattern or trend of complaints by demonstrating actual compliance with 
ATSC A/85 RP with regard to the commercial advertisements that are the 
subject of the inquiry, and certifying that its own transmission 
equipment is not at fault for any such pattern or trend of complaints.

    Note to Sec. 76.607(a): For additional information regarding this 
requirement, see Implementation of the Commercial Advertisement Loudness 
Mitigation (CALM) Act, FCC 11-182.

    (b) [Reserved]

[77 FR 40300, July 9, 2012]



Sec. 76.609  Measurements.

    (a) Measurements made to demonstrate conformity with the performance 
requirements set forth in Sec. Sec. 76.601 and 76.605 shall be made 
under conditions which reflect system performance during normal 
operations, including the effect of any microwave relay operated in the 
Cable Television Relay (CARS) Service intervening between pickup antenna 
and the cable distribution network. Amplifiers shall be operated at 
normal gains, either by the insertion of appropriate signals or by 
manual adjustment. Special signals inserted in a cable television 
channel for measurement purposes should be operated at levels 
approximating those used for normal operation. Pilot tones, auxiliary or 
substitute signals, and nontelevision signals normally carried on the 
cable television system should be operated at normal levels to the 
extent possible. Some exemplary, but not mandatory, measurement 
procedures are set forth in this section.
    (b) When it may be necessary to remove the television signal 
normally carried on a cable television channel in order to facilitate a 
performance measurement, it will be permissible to disconnect the 
antenna which serves the channel under measurement and to substitute 
therefor a matching resistance termination. Other antennas and inputs 
should remain connected and normal signal levels should be maintained on 
other channels.
    (c) As may be necessary to ensure satisfactory service to a 
subscriber, the Commission may require additional tests to demonstrate 
system performance or may specify the use of different test procedures.
    (d) The frequency response of a cable television channel may be 
determined by one of the following methods, as appropriate:
    (1) By using a swept frequency or a manually variable signal 
generator at the sending end and a calibrated attenuator and frequency-
selective voltmeter at the subscriber terminal; or
    (2) By using either a multiburst generator or vertical interval test 
signals and either a modulator or processor at the sending end, and by 
using either a demodulator and either an oscilloscope display or a 
waveform monitor display at the subscriber terminal.
    (e) System noise may be measured using a frequency-selective 
voltmeter (field strength meter) which has been suitably calibrated to 
indicate rms noise or average power level and which has a known 
bandwidth. With the system operating at normal level and with a properly 
matched resistive termination substituted for the antenna, noise power 
indications at the subscriber terminal are taken in successive 
increments of frequency equal to the bandwidth of the frequency-
selective voltmeter, summing the power indications to obtain the total 
noise power present over a 4 MHz band centered within the cable 
television channel. If it is established that the noise level is 
constant within this bandwidth, a single measurement may be taken which 
is corrected by an appropriate factor representing the ratio of 4 MHz to 
the noise bandwidth of the frequency-selective voltmeter. If an 
amplifier is inserted between the frequency-selective voltmeter and the 
subscriber terminal in order to facilitate this measurement, it should 
have a bandwidth of at least 4 MHz and appropriate corrections must be 
made to account for its gain and noise figure. Alternatively, 
measurements made in accordance with the NCTA Recommended Practices for 
Measurements on Cable Television Systems, 2nd edition, November 1989, on 
noise measurement may be employed.
    (f) The amplitude of discrete frequency interfering signals within a

[[Page 621]]

cable television channel may be determined with either a spectrum 
analyzer or with a frequency-selective voltmeter (field strength meter), 
which instruments have been calibrated for adequate accuracy. If 
calibration accuracy is in doubt, measurements may be referenced to a 
calibrated signal generator, or a calibrated variable attenuator, 
substituted at the point of measurement. If an amplifier is used between 
the subscriber terminal and the measuring instrument, appropriate 
corrections must be made to account for its gain.
    (g) The terminal isolation between any two terminals in the cable 
television system may be measured by applying a signal of known 
amplitude to one terminal and measuring the amplitude of that signal at 
the other terminal. The frequency of the signal should be close to the 
midfrequency of the channel being tested. Measurements of terminal 
isolation are not required when either:
    (1) The manufacturer's specifications for subscriber tap isolation 
based on a representative sample of no less than 500 subscribers taps or
    (2) Laboratory tests performed by or for the operator of a cable 
television system on a representative sample of no less than 50 
subscriber taps, indicates that the terminal isolation standard of Sec. 
76.605(a)(9) is met.

To demonstrate compliance with Sec. 76.605(a)(9), the operator of a 
cable television system shall attach either such manufacturer's 
specifications or laboratory measurements as an exhibit to each proof-
of-performance record.
    (h) Measurements to determine the field strength of the signal 
leakage emanated by the cable television system shall be made in 
accordance with standard engineering procedures. Measurements made on 
frequencies above 25 MHz shall include the following:
    (1) A field strength meter of adequate accuracy using a horizontal 
dipole antenna shall be employed.
    (2) Field strength shall be expressed in terms of the rms value of 
synchronizing peak for each cable television channel for which signal 
leakage can be measured.
    (3) The resonant half wave dipole antenna shall be placed 3 meters 
from and positioned directly below the system components and at 3 meters 
above ground. Where such placement results in a separation of less than 
3 meters between the center of the dipole antenna and the system 
components, or less than 3 meters between the dipole and ground level, 
the dipole shall be repositioned to provide a separation of 3 meters 
from the system components at a height of 3 meters or more above ground.
    (4) The horizontal dipole antenna shall be rotated about a vertical 
axis and the maximum meter reading shall be used.
    (5) Measurements shall be made where other conductors are 3 or more 
meters (10 or more feet) away from the measuring antenna.
    (i) For systems using cable traps and filters to control the 
delivery of specific channels to the subscriber terminal, measurements 
made to determine compliance with Sec. 76.605(a) (5) and (6) may be 
performed at the location immediately prior to the trap or filter for 
the specific channel. The effects of these traps or filters, as 
certified by the system engineer or the equipment manufacturer, must be 
attached to each proof-of-performance record.
    (j) Measurements made to determine the differential gain, 
differential phase and the chrominance-luminance delay inequality 
(chroma delay) shall be made in accordance with the NCTA Recommended 
Practices for Measurements on Cable Television Systems, 2nd edition, 
November 1989, on these parameters.

[37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13867, July 14, 1972; 41 
FR 10067, Mar. 9, 1976; 42 FR 21782, Apr. 29, 1977; 49 FR 45441, Nov. 
16, 1984; 57 FR 11004, Apr. 1, 1992; 57 FR 61011, Dec. 23, 1992; 58 FR 
44952, Aug. 25, 1993]



Sec. 76.610  Operation in the frequency bands 108-137 MHz and 225-400 MHz--scope of application.

    The provisions of Sec. Sec. 76.605(d), 76.611, 76.612, 76.613, 
76.614, 76.616, 76.617, 76.1803 and 76.1804 are applicable to all MVPDs 
(cable and non-cable) transmitting analog carriers or other signal 
components carried at an average power level equal to or greater than 
100 microwatts across a 25 kHz bandwidth in any 160 microsecond period 
or transmitting

[[Page 622]]

digital carriers or other signal components at an average power level of 
75.85 microwatts across a 25 kHz bandwidth in any 160 microsecond period 
at any point in the cable distribution system in the frequency bands 
108-137 and 225-400 MHz for any purpose. Exception: Non-cable MVPDs 
serving less than 1000 subscribers and less than 1,000 units do not have 
to comply with Sec. 76.1803.

[83 FR 7629, Feb. 22, 2018]



Sec. 76.611  Cable television basic signal leakage performance criteria.

    (a) No cable television system shall commence or provide service in 
the frequency bands 108-137 and 225-400 MHz unless such systems is in 
compliance with one of the following cable television basic signal 
leakage performance criteria:
    (1) Prior to carriage of signals in the aeronautical radio bands and 
at least once each calendar year, with no more than 12 months between 
successive tests thereafter, based on a sampling of at least 75% of the 
cable strand, and including any portion of the cable system which are 
known to have or can reasonably be expected to have less leakage 
integrity than the average of the system, the cable operator 
demonstrates compliance with a cumulative signal leakage index by 
showing that 10 log I[infin] is equal to or less than 64 
using the following formula:
[GRAPHIC] [TIFF OMITTED] TR22FE18.000

    [thgr] is the fraction of the system cable length actually examined 
for leakage sources and is equal to the strand kilometers (strand miles) 
of plant tested divided by the total strand kilometers (strand miles) in 
the plant;
    Ei is the electric field strength in microvolts per meter 
([micro]V/m) measured 3 meters from the leak i; and
    n is the number of leaks found of field strength equal to or greater 
than 50 [micro]V/m measured pursuant to Sec. 76.609(h).
    The sum is carried over all leaks i detected in the cable examined; 
or
    (2) Prior to carriage of signals in the aeronautical radio bands and 
at least once each calendar year, with no more than 12 months between 
successive tests thereafter, the cable operator demonstrates by 
measurement in the airspace that at no point does the field strength 
generated by the cable system exceed 10 microvolts per meter ([micro]V/
m) RMS at an altitude of 450 meters above the average terrain of the 
cable system. The measurement system (including the receiving antenna) 
shall be calibrated against a known field of 10 [micro]V/m RMS produced 
by a well characterized antenna consisting of orthogonal resonant 
dipoles, both parallel to and one quarter wavelength above the ground 
plane of a diameter of two meters or more at ground level. The dipoles 
shall have centers collocated and be excited 90 degrees apart. The half-
power bandwidth of the detector shall be 25 kHz. If an aeronautical 
receiver is used for this purpose it shall meet the standards of the 
Radio Technical Commission for Aeronautics (RCTA) for aeronautical 
communications receivers. The aircraft antenna shall be horizontally 
polarized. Calibration shall be made in the community unit or, if more 
than one, in any of the community units of the physical system within a 
reasonable time period to performing the measurements. If data is 
recorded digitally the 90th percentile level of points recorded over the 
cable system shall not exceed 10 [micro]V/m RMS as indicated above; if 
analog recordings is used the peak values of the curves, when smoothed 
according to good engineering practices, shall not exceed 10 [micro]V/m 
RMS.
    (b) In paragraphs (a)(1) and (2) of this section the unmodulated 
test signal used for analog leakage measurements on the cable plant 
shall--

[[Page 623]]

    (1) Be within the VHF aeronautical band 108-137 MHz or any other 
frequency for which the results can be correlated to the VHF 
aeronautical band; and
    (2) Have an average power level equal to the greater of:
    (i) The peak envelope power level of the strongest NTSC or similar 
analog cable television signal on the system, or
    (ii) 1.2 dB greater than the average power level of the strongest 
QAM or similar digital cable television signal on the system.
    (c) In paragraphs (a)(1) and (2) of this section, if a modulated 
test signal is used for analog leakage measurements, the test signal and 
detector technique must, when considered together, yield the same result 
as though an unmodulated test signal were used in conjunction with a 
detection technique which would yield the RMS value of said unmodulated 
carrier.
    (d) If a sampling of at least 75% of the cable strand (and including 
any portions of the cable system which are known to have or can 
reasonably be expected to have less leakage integrity than the average 
of the system) as described in paragraph (a)(1) of this section cannot 
be obtained by the cable operator or is otherwise not reasonably 
feasible, the cable operator shall perform the airspace measurements 
described in paragraph (a)(2) of this section.
    (e) Prior to providing service to any subscriber on a new section of 
cable plant, the operator shall show compliance with either:
    (1) The basic signal leakage criteria in accordance with paragraphs 
(a)(1) or (2) of this section for the entire plant in operation or
    (2) a showing shall be made indicating that no individual leak in 
the new section of the plant exceeds 20 [micro]V/m at 3 meters in 
accordance with Sec. 76.609 for analog signals or 17.4 [micro]V/m at 3 
meters for digital signals.
    (f) Notwithstanding paragraph (a) of this section, a cable operator 
shall be permitted to operate on any frequency which is offset pursuant 
to Sec. 76.612 in the frequency band 108-137 MHz for the purpose of 
demonstrating compliance with the cable television basic signal leakage 
performance criteria.

[83 FR 7629, Feb. 22, 2018]



Sec. 76.612  Cable television frequency separation standards.

    All cable television systems which operate analog NTSC or similar 
channels in the frequency bands 108-137 MHZ and 225-400 MHz shall comply 
with the following frequency separation standards for each NTSC or 
similar channel:
    (a) In the aeronautical radiocommunication bands 118-137, 225-328.6 
and 335.4-400 MHz, the frequency of all carrier signals or signal 
components carried at an average power level equal to or greater than 
10-4 watts in a 25 kHz bandwidth in any 160 microsecond 
period must operate at frequencies offset from certain frequencies which 
may be used by aeronautical radio services operated by Commission 
licensees or by the United States Government or its Agencies. The 
aeronautical frequencies from which offsets must be maintained are those 
frequencies which are within one of the aeronautical bands defined in 
this subparagraph, and when expressed in MHz and divided by 0.025 yield 
an integer. The offset must meet one of the following two criteria:
    (1) All such cable carriers or signal components shall be offset by 
12.5 kHz with a frequency tolerance of 5 kHz; or
    (2) The fundamental frequency from which the visual carrier 
frequencies are derived by multiplication by an integer number which 
shall be 6.0003 MHz with a tolerance of 1 Hz 
(Harmonically Related Carrier (HRC) comb generators only).
    (b) In the aeronautical radionavigation bands 108-118 and 328.6-
335.4 MHz, the frequency of all carrier signals or signal components 
carrier at an average power level equal to or greater than 
10-4 watts in a 25 kHz bandwidth in any 160 microsecond 
period shall be offset by 25 kHz with a tolerance of 5 kHz. The aeronautical radionavigation frequencies from 
which offsets must be maintained are defined as follows:
    (1) Within the aeronautical band 108-118 MHz when expressed in MHz 
and divided by 0.025 yield an even integer.

[[Page 624]]

    (2) Within the band 328.6-335.4 MHz, the radionavigation glide path 
channels are listed in Section 87.501 of the Rules.

    Note: The HRC system, as described above, will meet this requirement 
in the 328.6-335.4 MHz navigation glide path band. Those Incrementally 
Related Carriers (IRC) systems, with comb generator reference 
frequencies set at certain odd multiples equal to or greater than 3 
times the 0.0125 MHz aeronautical communications band offset, e.g. (6n + 
1.250 0.0375) MHz, may also meet the 25 kHz offset 
requirement in the navigation glide path band.

[50 FR 29400, July 19, 1985, as amended at 83 FR 7630, Feb. 22, 2018]



Sec. 76.613  Interference from a multichannel video programming distributor (MVPD).

    (a) Harmful interference is any emission, radiation or induction 
which endangers the functioning of a radionavigation service or of other 
safety services or seriously degrades, obstructs or repeatedly 
interrupts a radiocommunication service operating in accordance with 
this chapter.
    (b) An MVPD that causes harmful interference shall promptly take 
appropriate measures to eliminate the harmful interference.
    (c) If harmful interference to radio communications involving the 
safety of life and protection of property cannot be promptly eliminated 
by the application of suitable techniques, operation of the offending 
MVPD or appropriate elements thereof shall immediately be suspended upon 
notification by the Regional Director for the Commission's local field 
office, and shall not be resumed until the interference has been 
eliminated to the satisfaction of the Regional Director. When authorized 
by the Regional Director, short test operations may be made during the 
period of suspended operation to check the efficacy of remedial 
measures.
    (d) The MVPD may be required by the Regional Director to prepare and 
submit a report regarding the cause(s) of the interference, corrective 
measures planned or taken, and the efficacy of the remedial measures.

[42 FR 41296, Aug. 16, 1977, as amended at 62 FR 61031, Nov. 14, 1997; 
80 FR 53751, Sept. 8, 2015]



Sec. 76.614  Cable television system regular monitoring.

    Cable television operators transmitting carriers in the frequency 
bands 108-137 and 225-400 MHz shall provide for a program of regular 
monitoring for signal leakage by substantially covering the plant every 
three months. The incorporation of this monitoring program into the 
daily activities of existing service personnel in the discharge of their 
normal duties will generally cover all portions of the system and will 
therefore meet this requirement. Monitoring equipment and procedures 
utilized by a cable operator shall be adequate to detect a leakage 
source which produces a field strength in these bands of 20 uV/m or 
greater at a distance of 3 meters. During regular monitoring, any 
leakage source which produces a field strength of 20 uV/m or greater at 
a distance of 3 meters in the aeronautical radio frequency bands shall 
be noted and such leakage sources shall be repaired within a reasonable 
period of time.

    Note 1 to Sec. 76.614: Section 76.1706 contains signal leakage 
recordkeeping requirements applicable to cable operators.

[65 FR 53616, Sept. 5, 2000]



Sec. 76.616  Operation near certain aeronautical and marine emergency radio frequencies.

    (a) The transmission of carriers or other signal components capable 
of delivering peak power levels equal to or greater than 10-5 
watts at any point in a cable television system is prohibited within 100 
kHz of the frequency 121.5 MHz, and is prohibited within 50 kHz of the 
two frequencies 156.8 MHz and 243.0 MHz.
    (b) At any point on a cable system from 405.925 MHz to 406.176 MHz 
analog transmissions are prohibited from delivering peak power levels 
equal to or greater than 10-5 watts. The transmission of 
digital signals in this range is limited to power levels measured using 
a root-mean-square detector of less than 10-5 watts in any 30 
kHz bandwidth over any 2.5 millisecond interval.

[69 FR 57862, Sept. 28, 2004]

[[Page 625]]



Sec. 76.617  Responsibility for interference.

    Interference resulting from the use of cable system terminal 
equipment (including subscriber terminal, input selector switch and any 
other accessories) shall be the responsibility of the cable system 
terminal equipment operator in accordance with the provisions of part 15 
of this chapter: provided, however, that the operator of a cable system 
to which the cable system terminal equipment is connected shall be 
responsible for detecting and eliminating any signal leakage where that 
leakage would cause interference outside the subscriber's premises and/
or would cause the cable system to exceed the Part 76 signal leakage 
requirements. In cases where excessive signal leakage occurs, the cable 
operator shall be required only to discontinue service to the subscriber 
until the problem is corrected.

[53 FR 46619, Nov. 18, 1989]



Sec. Sec. 76.618-76.620  [Reserved]



Sec. 76.630  Compatibility with consumer electronics equipment.

    (a) Cable system operators shall not scramble or otherwise encrypt 
signals delivered to a subscriber on the basic service tier.
    (1) This prohibition shall not apply in systems in which:
    (i) No encrypted signals are carried using the NTSC system; and
    (ii) The cable system operator offers to its existing subscribers 
who subscribe only to the basic service tier without use of a set-top 
box or CableCARD at the time of encryption the equipment necessary to 
descramble or decrypt the basic service tier signals (the subscriber's 
choice of a set-top box or CableCARD) on up to two television sets 
without charge or service fee for two years from the date encryption of 
the basic service tier commences; and
    (iii) The cable system operator offers to its existing subscribers 
who subscribe to a level of service above ``basic only'' but use a 
digital television or other device with a clear-QAM tuner to receive 
only the basic service tier without use of a set-top box or CableCARD at 
the time of encryption, the equipment necessary to descramble or decrypt 
the basic service tier signals (the subscriber's choice of a set-top box 
or CableCARD) on one television set without charge or service fee for 
one year from the date encryption of the basic service tier commences; 
and
    (iv) The cable system operator offers to its existing subscribers 
who receive Medicaid and also subscribe only to the basic service tier 
without use of a set-top box or CableCARD at the time of encryption the 
equipment necessary to descramble or decrypt the basic service tier 
signals (the subscriber's choice of a set-top box or CableCARD) on up to 
two television sets without charge or service fee for five years from 
the date encryption of the basic service tier commences;
    (v) The cable system operator notifies its existing subscribers of 
the availability of the offers described in paragraphs (ii) through (iv) 
of this section at least 30 days prior to the date encryption of the 
basic service tier commences and makes the offers available for at least 
30 days prior to and 120 days after the date encryption of the basic 
service tier commences. The notification to subscribers must state:

    On (DATE), (NAME OF CABLE OPERATOR) will start encrypting (INSERT 
NAME OF CABLE BASIC SERVICE TIER OFFERING) on your cable system. If you 
have a set-top box, digital transport adapter (DTA), or a retail 
CableCARD device connected to each of your TVs, you will be unaffected 
by this change. However, if you are currently receiving (INSERT NAME OF 
CABLE BASIC SERVICE TIER OFFERING) on any TV without equipment supplied 
by (NAME OF CABLE OPERATOR), you will lose the ability to view any 
channels on that TV.
    If you are affected, you should contact (NAME OF CABLE OPERATOR) to 
arrange for the equipment you need to continue receiving your services. 
In such case, you are entitled to receive equipment at no additional 
charge or service fee for a limited period of time. The number and type 
of devices you are entitled to receive and for how long will vary 
depending on your situation. If you are a (INSERT NAME OF CABLE BASIC 
SERVICE TIER OFFERING) customer and receive the service on your TV 
without (NAME OF CABLE OPERATOR)-supplied equipment, you are entitled to 
up to two devices for two years (five years if you also receive 
Medicaid). If you subscribe to a higher level of service and receive 
(INSERT NAME OF CABLE BASIC SERVICE TIER OFFERING) on a secondary TV 
without (NAME OF

[[Page 626]]

CABLE OPERATOR)-supplied equipment, you are entitled to one device for 
one year.
    You can learn more about this equipment offer and eligibility at 
(WEBPAGE ADDRESS) or by calling (PHONE NUMBER). To qualify for any 
equipment at no additional charge or service fee, you must request the 
equipment between (DATE THAT IS 30 DAYS BEFORE ENCRYPTION) and (DATE 
THAT IS 120 DAYS AFTER ENCRYPTION) and satisfy all other eligibility 
requirements.

    (vi) The cable system operator notifies its subscribers who have 
received equipment described in paragraphs (a)(1)(ii) through (iv) of 
this section at least 30 days, but no more than 60 days, before the end 
of the free device transitional period that the transitional period will 
end. This notification must state:

    You currently receive equipment necessary to descramble or decrypt 
the basic service tier signals (either a set-top box or CableCARD) free 
of charge. Effective with the (MONTH/YEAR) billing cycle, (NAME OF CABLE 
OPERATOR) will begin charging you for the equipment you received to 
access (INSERT NAME OF CABLE BASIC SERVICE TIER OFFERING) when (NAME OF 
CABLE OPERATOR) started encrypting those channels on your cable system. 
The monthly charge for the (TYPE OF DEVICE) will be (AMOUNT OF CHARGE).

    (2) Requests for waivers of this prohibition must demonstrate either 
a substantial problem with theft of basic tier service or a strong need 
to scramble basic signals for other reasons. As part of this showing, 
cable operators are required to notify subscribers by mail of waiver 
requests. The notice to subscribers must be mailed no later than 30 
calendar days from the date the request for waiver was filed with the 
Commission, and cable operators must inform the Commission in writing, 
as soon as possible, of that notification date. The notification to 
subscribers must state:

    On (date of waiver request was filed with the Commission), (cable 
operator's name) filed with the Federal Communications Commission a 
request for waiver of the rule prohibiting scrambling of channels on the 
basic tier of service. 47 CFR 76.630(a). The request for waiver states 
(a brief summary of the waiver request). A copy of the request for 
waiver shall be available for public inspection at www.fcc.gov.
    Individuals who wish to comment on this request for waiver should 
mail comments to the Federal Communications Commission by no later than 
30 days from (the date the notification was mailed to subscribers). 
Those comments should be addressed to the: Federal Communications 
Commission, Media Bureau, Washington, DC 20554, and should include the 
name of the cable operator to whom the comments are applicable. 
Individuals should also send a copy of their comments to (the cable 
operator at its local place of business).
    Cable operators may file comments in reply no later than 7 days from 
the date subscriber comments must be filed.

    (b) Cable system operators that provide their subscribers with cable 
system terminal devices and other customer premises equipment that 
incorporates remote control capability shall permit the remote operation 
of such devices with commercially available remote control units or 
otherwise take no action that would prevent the devices from being 
operated by a commercially available remote control unit. Cable system 
operators are advised that this requirement obliges them to actively 
enable the remote control functions of customer premises equipment where 
those functions do not operate without a special activation procedure. 
Cable system operators may, however, disable the remote control 
functions of a subscriber's customer premises equipment where requested 
by the subscriber.

[59 FR 25342, May 16, 1994, as amended at 61 FR 18510, Apr. 26, 1996; 65 
FR 53616, Sept. 5, 2000; 67 FR 1650, Jan. 14, 2002; 67 FR 13235, Mar. 
21, 2002; 77 FR 67301, Dec. 10, 2012; 81 FR 10125, Feb. 29, 2016; 83 FR 
66157, Dec. 26, 2018]



Sec. 76.640  Support for unidirectional digital cable products on digital cable systems.

    (a) The requirements of this section shall apply to digital cable 
systems. For purposes of this section, digital cable systems shall be 
defined as a cable system with one or more channels utilizing QAM 
modulation for transporting programs and services from its headend to 
receiving devices. Cable systems that only pass through 8 VSB broadcast 
signals shall not be considered digital cable systems.
    (b) No later than July 1, 2004, cable operators shall support 
unidirectional digital cable products, as defined in

[[Page 627]]

Sec. 15.123 of this chapter, through the provisioning of Point of 
Deployment modules (PODs) and services, as follows:
    (1) Digital cable systems with an activated channel capacity of 750 
MHz or greater shall comply with the following technical standards and 
requirements:
    (i) ANSI/SCTE 40 2016 (incorporated by reference, see Sec. 76.602), 
provided however that the ``transit delay for most distant customer'' 
requirement in Table 4.3 is not mandatory.
    (ii) ANSI/SCTE 65 2002 (formerly DVS 234): ``Service Information 
Delivered Out-of-Band for Digital Cable Television'' (incorporated by 
reference, see Sec. 76.602), provided however that the referenced 
Source Name Subtable shall be provided for Profiles 1, 2, and 3.
    (iii) ANSI/SCTE 54 2003 (formerly DVS 241): ``Digital Video Service 
Multiplex and Transport System Standard for Cable Television'' 
(incorporated by reference, see Sec. 76.602).
    (iv) For each digital transport stream that includes one or more 
services carried in-the-clear, such transport stream shall include 
virtual channel data in-band in the form of ATSC A/65B: ``ATSC Standard: 
Program and System Information Protocol for Terrestrial Broadcast and 
Cable (Revision B)'' (incorporated by reference, see Sec. 76.602), when 
available from the content provider. With respect to in-band transport:
    (A) The data shall, at minimum, describe services carried within the 
transport stream carrying the PSIP data itself;
    (B) PSIP data describing a twelve-hour time period shall be carried 
for each service in the transport stream. This twelve-hour period 
corresponds to delivery of the following event information tables: EIT-
0, -1, -2 and -3;
    (C) The format of event information data format shall conform to 
ATSC A/65B: ``ATSC Standard: Program and System Information Protocol for 
Terrestrial Broadcast and Cable (Revision B)'' (incorporated by 
reference, see Sec. 76.602);
    (D) Each channel shall be identified by a one- or two-part channel 
number and a textual channel name; and
    (E) The total bandwidth for PSIP data may be limited by the cable 
system to 80 kbps for a 27 Mbits multiplex and 115 kbps for a 38.8 Mbits 
multiplex.
    (v) When service information tables are transmitted out-of-band for 
scrambled services:
    (A) The data shall, at minimum, describe services carried within the 
transport stream carrying the PSIP data itself;
    (B) A virtual channel table shall be provided via the extended 
channel interface from the POD module. Tables to be included shall 
conform to ANSI/SCTE 65 2002 (formerly DVS 234): ``Service Information 
Delivered Out-of-Band for Digital Cable Television'' (incorporated by 
reference, see Sec. 76.602).
    (C) Event information data when present shall conform to ANSI/SCTE 
65 2002 (formerly DVS 234): ``Service Information Delivered Out-of-Band 
for Digital Cable Television'' (incorporated by reference, see Sec. 
76.602) (profiles 4 or higher).
    (D) Each channel shall be identified by a one-or two-part channel 
number and a textual channel name; and
    (E) The channel number identified with out-of-band signaling 
information data should match the channel identified with in-band PSIP 
data for all unscrambled in-the-clear services.
    (2) All digital cable systems shall comply with:
    (i) SCTE 28 2003 (formerly DVS 295): ``Host-POD Interface Standard'' 
(incorporated by reference, see Sec. 76.602).
    (ii) SCTE 41 2003 (formerly DVS 301): ``POD Copy Protection System'' 
(incorporated by reference, see Sec. 76.602).
    (3) Cable operators shall ensure, as to all digital cable systems, 
an adequate supply of PODs that comply with the standards specified in 
paragraph (b)(2) of this section to ensure convenient access to such 
PODS by customers. Without limiting the foregoing, cable operators may 
provide more advanced PODs (i.e., PODs that are based on successor 
standards to those specified in paragraph (b)(2) of this section) to 
customers whose unidirectional digital cable products are compatible 
with the more advanced PODs.
    (4) Cable operators shall:
    (i) Effective April 1, 2004, upon request of a customer, replace any 
leased high definition set-top box, which does not include a functional 
IEEE 1394

[[Page 628]]

interface, with one that includes a functional IEEE 1394 interface or 
upgrade the customer's set-top box by download or other means to ensure 
that the IEEE 1394 interface is functional.
    (ii) Effective July 1, 2011, include both:
    (A) A DVI or HDMI interface and
    (B) A connection capable of delivering recordable high definition 
video and closed captioning data in an industry standard format on all 
high definition set-top boxes, except unidirectional set-top boxes 
without recording functionality, acquired by a cable operator for 
distribution to customers.
    (iii) Effective December 1, 2012, ensure that the cable-operator-
provided high definition set-top boxes, except unidirectional set-top 
boxes without recording functionality, shall comply with an open 
industry standard that provides for audiovisual communications including 
service discovery, video transport, and remote control command pass-
through standards for home networking.

[68 FR 66734, Nov. 28, 2003, as amended at 76 FR 40279, July 8, 2011; 83 
FR 7630, Feb. 22, 2018]



                    Subpart L_Cable Television Access



Sec. 76.701  Leased access channels.

    (a) Notwithstanding 47 U.S.C. 532(b)(2) (Communications Act of 1934, 
as amended, section 612), a cable operator, in accordance with 47 U.S.C. 
532(h) (Cable Consumer Protection and Competition Act of 1992, section 
10(a)), may adopt and enforce prospectively a written and published 
policy of prohibiting programming which, it reasonably believes, 
describes or depicts sexual or excretory activities or organs in a 
patently offensive manner as measured by contemporary community 
standards.
    (b) A cable operator may refuse to transmit any leased access 
program or portion of a leased access program that the operator 
reasonably believes contains obscenity, indecency or nudity.

    Note to paragraph (b): ``Nudity'' in paragraph (b) is interpreted to 
mean nudity that is obscene or indecent.

[62 FR 28373, May 23, 1997, as amended at 64 FR 35950, July 2, 1999]



Sec. 76.702  Public access.

    A cable operator may refuse to transmit any public access program or 
portion of a public access program that the operator reasonably believes 
contains obscenity.

[62 FR 28373, May 23, 1997]



                      Subpart M_Cable Inside Wiring



Sec. 76.800  Definitions.

    (a) MDU. A multiple dwelling unit building (e.g., an apartment 
building, condominium building or cooperative).
    (b) MDU owner. The entity that owns or controls the common areas of 
a multiple dwelling unit building.
    (c) MVPD. A multichannel video programming distributor, as that term 
is defined in Section 602(13) of the Communications Act, 47 U.S.C. 
522(13).
    (d) Home run wiring. The wiring from the demarcation point to the 
point at which the MVPD's wiring becomes devoted to an individual 
subscriber or individual loop.

[62 FR 61031, Nov. 14, 1997]



Sec. 76.801  Scope.

    The provisions of this subpart set forth rules and regulations for 
the disposition, after a subscriber voluntarily terminates cable 
service, of that cable home wiring installed by the cable system 
operator or its contractor within the premises of the subscriber. The 
provisions do not apply where the cable home wiring belongs to the 
subscriber, such as where the operator has transferred ownership to the 
subscriber, the operator has been treating the wiring as belonging to 
the subscriber for tax purposes, or the wiring is considered to be a 
fixture by state or local law in the subscriber's jurisdiction. Nothing 
in this subpart shall affect the cable system operator's rights and 
responsibilities under Sec. 76.617 to prevent excessive signal leakage 
while providing cable service, or the cable operator's right to

[[Page 629]]

access the subscriber's property or premises.

[58 FR 11971, Mar. 2, 1993]



Sec. 76.802  Disposition of cable home wiring.

    (a)(1) Upon voluntary termination of cable service by a subscriber 
in a single unit installation, a cable operator shall not remove the 
cable home wiring unless it gives the subscriber the opportunity to 
purchase the wiring at the replacement cost, and the subscriber 
declines. If the subscriber declines to purchase the cable home wiring, 
the cable system operator must then remove the cable home wiring within 
seven days of the subscriber's decision, under normal operating 
conditions, or make no subsequent attempt to remove it or to restrict 
its use.
    (2) Upon voluntary termination of cable service by an individual 
subscriber in a multiple-unit installation, a cable operator shall not 
be entitled to remove the cable home wiring unless: it gives the 
subscriber the opportunity to purchase the wiring at the replacement 
cost; the subscriber declines, and neither the MDU owner nor an 
alternative MVPD, where permitted by the MDU owner, has provided 
reasonable advance notice to the incumbent provider that it would 
purchase the cable home wiring pursuant to this section if and when a 
subscriber declines. If the cable system operator is entitled to remove 
the cable home wiring, it must then remove the wiring within seven days 
of the subscriber's decision, under normal operating conditions, or make 
no subsequent attempt to remove it or to restrict its use.
    (3) The cost of the cable home wiring is to be based on the 
replacement cost per foot of the wiring on the subscriber's side of the 
demarcation point multiplied by the length in feet of such wiring, and 
the replacement cost of any passive splitters located on the 
subscriber's side of the demarcation point.
    (b) During the initial telephone call in which a subscriber contacts 
a cable operator to voluntarily terminate cable service, the cable 
operator--if it owns and intends to remove the home wiring--must inform 
the subscriber:
    (1) That the cable operator owns the home wiring;
    (2) That the cable operator intends to remove the home wiring;
    (3) That the subscriber has the right to purchase the home wiring; 
and
    (4) What the per-foot replacement cost and total charge for the 
wiring would be (the total charge may be based on either the actual 
length of cable wiring and the actual number of passive splitters on the 
customer's side of the demarcation point, or a reasonable approximation 
thereof; in either event, the information necessary for calculating the 
total charge must be available for use during the initial phone call).
    (c) If the subscriber voluntarily terminates cable service in 
person, the procedures set forth in paragraph (b) of this section apply.
    (d) If the subscriber requests termination of cable service in 
writing, it is the operator's responsibility--if it wishes to remove the 
wiring--to make reasonable efforts to contact the subscriber prior to 
the date of service termination and follow the procedures set forth in 
paragraph (b) of this section.
    (e) If the cable operator fails to adhere to the procedures 
described in paragraph (b) of this section, it will be deemed to have 
relinquished immediately any and all ownership interests in the home 
wiring; thus, the operator will not be entitled to compensation for the 
wiring and shall make no subsequent attempt to remove it or restrict its 
use.
    (f) If the cable operator adheres to the procedures described in 
paragraph (b) of this section, and, at that point, the subscriber agrees 
to purchase the wiring, constructive ownership over the home wiring will 
transfer to the subscriber immediately, and the subscriber will be 
permitted to authorize a competing service provider to connect with and 
use the home wiring.
    (g) If the cable operator adheres to the procedures described in 
paragraph (b) of this section, and the subscriber asks for more time to 
make a decision regarding whether to purchase the home wiring, the seven 
(7) day period described in paragraph (b) of this section will not begin 
running until the

[[Page 630]]

subscriber declines to purchase the wiring; in addition, the subscriber 
may not use the wiring to connect to an alternative service provider 
until the subscriber notifies the operator whether or not the subscriber 
wishes to purchase the wiring.
    (h) If an alternative video programming service provider connects 
its wiring to the home wiring before the incumbent cable operator has 
terminated service and has capped off its line to prevent signal 
leakage, the alternative video programming service provider shall be 
responsible for ensuring that the incumbent's wiring is properly capped 
off in accordance with the Commission's signal leakage requirements. See 
Subpart K (technical standards) of the Commission's Cable Television 
Service rules (47 CFR 76.605(a)(13) and 76.610 through 76.617).
    (i) Where the subscriber terminates cable service but will not be 
using the home wiring to receive another alternative video programming 
service, the cable operator shall properly cap off its own line in 
accordance with the Commission's signal leakage requirements. See 
subpart K (technical standards) of the Commission's Cable Television 
Service rules (47 CFR 76.605(a)(13) and 76.610 through 76.617).
    (j) Cable operators are prohibited from using any ownership 
interests they may have in property located on the subscriber's side of 
the demarcation point, such as molding or conduit, to prevent, impede, 
or in any way interfere with, a subscriber's right to use his or her 
home wiring to receive an alternative service. In addition, incumbent 
cable operators must take reasonable steps within their control to 
ensure that an alternative service provider has access to the home 
wiring at the demarcation point. Cable operators and alternative 
multichannel video programming delivery service providers are required 
to minimize the potential for signal leakage in accordance with the 
guidelines set forth in 47 CFR 76.605(a)(13) and 76.610 through 76.617, 
theft of service and unnecessary disruption of the consumer's premises.
    (k) Definitions--Normal operating conditions--The term ``normal 
operating conditions'' shall have the same meaning as at 47 CFR 
76.309(c)(4)(ii).
    (l) The provisions of Sec. 76.802 shall apply to all MVPDs in the 
same manner that they apply to cable operators.

[61 FR 6137, Feb. 16, 1996, as amended at 62 FR 61031, Nov. 14, 1997; 68 
FR 13855, Mar. 21, 2003]



Sec. 76.804  Disposition of home run wiring.

    (a) Building-by-building disposition of home run wiring. (1) Where 
an MVPD owns the home run wiring in an MDU and does not (or will not at 
the conclusion of the notice period) have a legally enforceable right to 
remain on the premises against the wishes of the MDU owner, the MDU 
owner may give the MVPD a minimum of 90 days' written notice that its 
access to the entire building will be terminated to invoke the 
procedures in this section. The MVPD will then have 30 days to notify 
the MDU owner in writing of its election for all the home run wiring 
inside the MDU building: to remove the wiring and restore the MDU 
building consistent with state law within 30 days of the end of the 90-
day notice period or within 30 days of actual service termination, 
whichever occurs first; to abandon and not disable the wiring at the end 
of the 90-day notice period; or to sell the wiring to the MDU building 
owner. If the incumbent provider elects to remove or abandon the wiring, 
and it intends to terminate service before the end of the 90-day notice 
period, the incumbent provider shall notify the MDU owner at the time of 
this election of the date on which it intends to terminate service. If 
the incumbent provider elects to remove its wiring and restore the 
building consistent with state law, it must do so within 30 days of the 
end of the 90-day notice period or within 30 days of actual service 
termination, which ever occurs first. For purposes of abandonment, 
passive devices, including splitters, shall be considered part of the 
home run wiring. The incumbent provider that has elected to abandon its 
home run wiring may remove its amplifiers or other active devices used 
in the wiring if an equivalent replacement can easily be reattached. In 
addition, an incumbent provider removing any active elements

[[Page 631]]

shall comply with the notice requirements and other rules regarding the 
removal of home run wiring. If the MDU owner declines to purchase the 
home run wiring, the MDU owner may permit an alternative provider that 
has been authorized to provide service to the MDU to negotiate to 
purchase the wiring.
    (2) If the incumbent provider elects to sell the home run wiring 
under paragraph (a)(1) of this section, the incumbent and the MDU owner 
or alternative provider shall have 30 days from the date of election to 
negotiate a price. If the parties are unable to agree on a price within 
that 30-day time period, the incumbent must elect: to abandon without 
disabling the wiring; to remove the wiring and restore the MDU 
consistent with state law; or to submit the price determination to 
binding arbitration by an independent expert. If the incumbent provider 
chooses to abandon or remove its wiring, it must notify the MDU owner at 
the time of this election if and when it intends to terminate service 
before the end of the 90-day notice period. If the incumbent service 
provider elects to abandon its wiring at this point, the abandonment 
shall become effective at the end of the 90-day notice period or upon 
service termination, whichever occurs first. If the incumbent elects at 
this point to remove its wiring and restore the building consistent with 
state law, it must do so within 30 days of the end of the 90-day notice 
period or within 30 days of actual service termination, which ever 
occurs first.
    (3) If the incumbent elects to submit to binding arbitration, the 
parties shall have seven days to agree on an independent expert or to 
each designate an expert who will pick a third expert within an 
additional seven days. The independent expert chosen will be required to 
assess a reasonable price for the home run wiring by the end of the 90-
day notice period. If the incumbent elects to submit the matter to 
binding arbitration and the MDU owner (or the alternative provider) 
refuses to participate, the incumbent shall have no further obligations 
under the Commission's home run wiring disposition procedures. If the 
incumbent fails to comply with any of the deadlines established herein, 
it shall be deemed to have elected to abandon its home run wiring at the 
end of the 90-day notice period.
    (4) The MDU owner shall be permitted to exercise the rights of 
individual subscribers under this subsection for purposes of the 
disposition of the cable home wiring under Sec. 76.802. When an MDU 
owner notifies an incumbent provider under this section that the 
incumbent provider's access to the entire building will be terminated 
and that the MDU owner seeks to use the home run wiring for another 
service, the incumbent provider shall, in accordance with our current 
home wiring rules: offer to sell to the MDU owner any home wiring within 
the individual dwelling units that the incumbent provider owns and 
intends to remove; and provide the MDU owner with the total per-foot 
replacement cost of such home wiring. This information must be provided 
to the MDU owner within 30 days of the initial notice that the 
incumbent's access to the building will be terminated. If the MDU owner 
declines to purchase the cable home wiring, the MDU owner may allow the 
alternative provider to purchase the home wiring upon service 
termination under the terms and conditions of Sec. 76.802. If the MDU 
owner or the alternative provider elects to purchase the home wiring 
under these rules, it must so notify the incumbent MVPD provider not 
later than 30 days before the incumbent's termination of access to the 
building will become effective. If the MDU owner and the alternative 
provider fail to elect to purchase the home wiring, the incumbent 
provider must then remove the cable home wiring, under normal operating 
conditions, within 30 days of actual service termination, or make no 
subsequent attempt to remove it or to restrict its use.
    (5) The parties shall cooperate to avoid disruption in service to 
subscribers to the extent possible.
    (b) Unit-by-unit disposition of home run wiring: (1) Where an MVPD 
owns the home run wiring in an MDU and does not (or will not at the 
conclusion of the notice period) have a legally enforceable right to 
maintain any particular

[[Page 632]]

home run wire dedicated to a particular unit on the premises against the 
MDU owner's wishes, the MDU owner may permit multiple MVPDs to compete 
for the right to use the individual home run wires dedicated to each 
unit in the MDU. The MDU owner must provide at least 60 days' written 
notice to the incumbent MVPD of the MDU owner's intention to invoke this 
procedure. The incumbent MVPD will then have 30 days to provide a single 
written election to the MDU owner as to whether, for each and every one 
of its home run wires dedicated to a subscriber who chooses an 
alternative provider's service, the incumbent MVPD will: remove the 
wiring and restore the MDU building consistent with state law; abandon 
the wiring without disabling it; or sell the wiring to the MDU owner. If 
the MDU owner refuses to purchase the home run wiring, the MDU owner may 
permit the alternative provider to purchase it. If the alternative 
provider is permitted to purchase the wiring, it will be required to 
make a similar election within this 30-day period for each home run wire 
solely dedicated to a subscriber who switches back from the alternative 
provider to the incumbent MVPD.
    (2) If the incumbent provider elects to sell the home run wiring 
under paragraph (b)(1), the incumbent and the MDU owner or alternative 
provider shall have 30 days from the date of election to negotiate a 
price. During this 30-day negotiation period, the parties may arrange 
for an up-front lump sum payment in lieu of a unit-by-unit payment. If 
the parties are unable to agree on a price during this 30-day time 
period, the incumbent must elect: to abandon without disabling the 
wiring; to remove the wiring and restore the MDU consistent with state 
law; or to submit the price determination to binding arbitration by an 
independent expert. If the incumbent elects to submit to binding 
arbitration, the parties shall have seven days to agree on an 
independent expert or to each designate an expert who will pick a third 
expert within an additional seven days. The independent expert chosen 
will be required to assess a reasonable price for the home run wiring 
within 14 days. If subscribers wish to switch service providers after 
the expiration of the 60-day notice period but before the expert issues 
its price determination, the procedures set forth in paragraph (b)(3) of 
this section shall be followed, subject to the price established by the 
arbitrator. If the incumbent elects to submit the matter to binding 
arbitration and the MDU owner (or the alternative provider) refuses to 
participate, the incumbent shall have no further obligations under the 
Commission's home run wiring disposition procedures.
    (3) When an MVPD that is currently providing service to a subscriber 
is notified either orally or in writing that that subscriber wishes to 
terminate service and that another service provider intends to use the 
existing home run wire to provide service to that particular subscriber, 
a provider that has elected to remove its home run wiring pursuant to 
paragraph (b)(1) or (b)(2) of this section will have seven days to 
remove its home run wiring and restore the building consistent with 
state law. If the subscriber has requested service termination more than 
seven days in the future, the seven-day removal period shall begin on 
the date of actual service termination (and, in any event, shall end no 
later than seven days after the requested date of termination). If the 
provider has elected to abandon or sell the wiring pursuant to paragraph 
(b)(1) or (b)(2) of this section, the abandonment or sale will become 
effective upon actual service termination or upon the requested date of 
termination, whichever occurs first. For purposes of abandonment, 
passive devices, including splitters, shall be considered part of the 
home run wiring. The incumbent provider may remove its amplifiers or 
other active devices used in the wiring if an equivalent replacement can 
easily be reattached. In addition, an incumbent provider removing any 
active elements shall comply with the notice requirements and other 
rules regarding the removal of home run wiring. If the incumbent 
provider intends to terminate service prior to the end of the seven-day 
period, the incumbent shall inform the party requesting service 
termination, at the time of such request, of the date on which service 
will be terminated. The incumbent provider shall make the

[[Page 633]]

home run wiring accessible to the alternative provider within the 24-
hour period prior to actual service termination.
    (4) If the incumbent provider fails to comply with any of the 
deadlines established herein, the home run wiring shall be considered 
abandoned, and the incumbent may not prevent the alternative provider 
from using the home run wiring immediately to provide service. The 
alternative provider or the MDU owner may act as the subscriber's agent 
in providing notice of a subscriber's desire to change services, 
consistent with state law. If a subscriber's service is terminated 
without notification that another service provider intends to use the 
existing home run wiring to provide service to that particular 
subscriber, the incumbent provider will not be required to carry out its 
election to sell, remove or abandon the home run wiring; the incumbent 
provider will be required to carry out its election, however, if and 
when it receives notice that a subscriber wishes to use the home run 
wiring to receive an alternative service. Section 76.802 of the 
Commission's rules regarding the disposition of cable home wiring will 
apply where a subscriber's service is terminated without notifying the 
incumbent provider that the subscriber wishes to use the home run wiring 
to receive an alternative service.
    (5) The parties shall cooperate to avoid disruption in service to 
subscribers to the extent possible.
    (6) Section 76.802 of the Commission's rules regarding the 
disposition of cable home wiring will continue to apply to the wiring on 
the subscriber's side of the cable demarcation point.
    (c) The procedures set forth in paragraphs (a) and (b) of this 
section shall apply unless and until the incumbent provider obtains a 
court ruling or an injunction within forty-five (45) days following the 
initial notice enjoining its displacement.
    (d) After the effective date of this rule, MVPDs shall include a 
provision in all service contracts entered into with MDU owners setting 
forth the disposition of any home run wiring in the MDU upon the 
termination of the contract.
    (e) Incumbents are prohibited from using any ownership interest they 
may have in property located on or near the home run wiring, such as 
molding or conduit, to prevent, impede, or in any way interfere with, 
the ability of an alternative MVPD to use the home run wiring pursuant 
to this section.
    (f) Section 76.804 shall apply to all MVPDs.

[62 FR 61032, Nov. 14, 1997, as amended at 68 FR 13855, Mar. 21, 2003]



Sec. 76.805  Access to molding.

    (a) An MVPD shall be permitted to install one or more home run wires 
within the existing molding of an MDU where the MDU owner finds that 
there is sufficient space to permit the installation of the additional 
wiring without interfering with the ability of an existing MVPD to 
provide service, and gives its affirmative consent to such installation. 
This paragraph shall not apply where the incumbent provider has an 
exclusive contractual right to occupy the molding.
    (b) If an MDU owner finds that there is insufficient space in 
existing molding to permit the installation of the new wiring without 
interfering with the ability of an existing MVPD to provide service, but 
gives its affirmative consent to the installation of larger molding and 
additional wiring, the MDU owner (with or without the assistance of the 
incumbent and/or the alternative provider) shall be permitted to remove 
the existing molding, return such molding to the incumbent, if 
appropriate, and install additional wiring and larger molding in order 
to contain the additional wiring. This paragraph shall not apply where 
the incumbent provider possesses a contractual right to maintain its 
molding on the premises without alteration by the MDU owner.
    (c) The alternative provider shall be required to pay any and all 
installation costs associated with the implementation of paragraphs (a) 
or (b) of this section, including the costs of restoring the MDU owner's 
property to its original condition, and the costs of repairing any 
damage to the incumbent provider's wiring or other property.

[62 FR 61033, Nov. 14, 1997]

[[Page 634]]



Sec. 76.806  Pre-termination access to cable home wiring.

    (a) Prior to termination of service, a customer may: install or 
provide for the installation of their own cable home wiring; or connect 
additional home wiring, splitters or other equipment within their 
premises to the wiring owned by the cable operator, so long as no 
electronic or physical harm is caused to the cable system and the 
physical integrity of the cable operator's wiring remains intact.
    (b) Cable operators may require that home wiring (including passive 
splitters, connectors and other equipment used in the installation of 
home wiring) meets reasonable technical specifications, not to exceed 
the technical specifications of such equipment installed by the cable 
operator; provided however, that if electronic or physical harm is 
caused to the cable system, the cable operator may impose additional 
technical specifications to eliminate such harm. To the extent a 
customer's installations or rearrangements of wiring degrade the signal 
quality of or interfere with other customers' signals, or cause 
electronic or physical harm to the cable system, the cable operator may 
discontinue service to that subscriber until the degradation or 
interference is resolved.
    (c) Customers shall not physically cut, substantially alter, 
improperly terminate or otherwise destroy cable operator-owned home 
wiring.
    (d) Section 76.806 shall apply to all MVPDs.

[62 FR 61034, Nov. 14, 1997, as amended at 68 FR 13855, Mar. 21, 2003]



                     Subpart N_Cable Rate Regulation

    Source: 58 FR 29753, May 21, 1993, unless otherwise noted.

    Effective Date Note: The effective date of the amendments to part 
76, published at 58 FR 29737 (May 21, 1993), extended to October 1, 
1993, by an order published at 58 FR 33560 (June 18, 1993), and moved to 
September 1, 1993, by an order published at 58 FR 41042 (August 2, 
1993), is temporarily stayed for those cable systems that have 1,000 or 
fewer subscribers. This limited, temporary stay is effective September 
1, 1993, and will remain in effect until the Commission terminates the 
stay and establishes a new effective date in an order on reconsideration 
addressing the administrative burdens and costs of compliance for small 
cable systems. The Commission will publish in the Federal Register the 
new effective date of the rules with respect to small cable systems at 
that time.



Sec. 76.901  Definitions.

    (a) Basic service. The basic service tier shall, at a minimum, 
include all signals of domestic television broadcast stations provided 
to any subscriber (except a signal secondarily transmitted by satellite 
carrier beyond the local service area of such station, regardless of how 
such signal is ultimately received by the cable system) any public, 
educational, and governmental programming required by the franchise to 
be carried on the basic tier, and any additional video programming 
signals a service added to the basic tier by the cable operator.
    (b) Cable programming service. Cable programming service includes 
any video programming provided over a cable system, regardless of 
service tier, including installation or rental of equipment used for the 
receipt of such video programming, other than:
    (1) Video programming carried on the basic service tier as defined 
in this section;
    (2) Video programming offered on a pay-per-channel or pay-per-
program basis; or
    (3) A combination of multiple channels of pay-per-channel or pay-
per-program video programming offered on a multiplexed or time-shifted 
basis so long as the combined service:
    (i) Consists of commonly-identified video programming; and
    (ii) Is not bundled with any regulated tier of service.
    (c) Small system. A small system is a cable television system that 
serves 15,000 or fewer subscribers. The service area of a small system 
shall be determined by the number of subscribers that are served by the 
system's principal headend, including any other headends or microwave 
receive sites that are technically integrated to the principal headend.
    (d) Small cable company. A small cable company is a cable television 
operator that serves a total of 400,000 or fewer subscribers over one or 
more cable systems.

[[Page 635]]

    (e) Small cable operator. A small cable operator is an operator 
that, directly or through an affiliate, serves in the aggregate fewer 
than 1 percent of all subscribers in the United States and is not 
affiliated with any entity or entities whose gross annual revenues in 
the aggregate exceed $250,000,000. For purposes of this definition, an 
operator shall be deemed affiliated with another entity if that entity 
holds a 20 percent or greater equity interest (not including truly 
passive investment) in the operator or exercises de jure or de facto 
control over the operator.
    (1) Using the most reliable sources publicly available, the 
Commission periodically will determine and give public notice of the 
subscriber count that will serve as the 1 percent threshold until a new 
number is calculated.
    (2) For a discussion of passive interests with respect to small 
cable operators, see Implementation of Cable Act Reform Provisions of 
the Telecommunications Act of 1996, Report and Order in CS Docket No. 
96-85, FCC 99-57 (released March 29, 1999).
    (3) If two or more entities unaffiliated with each other each hold 
an equity interest in the small cable operator, the equity interests of 
the unaffiliated entities will not be aggregated with each other for the 
purpose of determining whether an entity meets or passes the 20 percent 
affiliation threshold.

[58 FR 29753, May 21, 1993, as amended at 59 FR 62623, Dec. 6, 1994; 60 
FR 35864, July 12, 1995; 64 FR 35950, July 2, 1999; 83 FR 60775, Nov. 
27, 2018]



Sec. 76.905  Standards for identification of cable systems subject to effective competition.

    (a) Only the rates of cable systems that are not subject to 
effective competition may be regulated.
    (b) A cable system is subject to effective competition when any one 
of the following conditions is met:
    (1) Fewer than 30 percent of the households in its franchise area 
subscribe to the cable service of a cable system.
    (2) The franchise area is:
    (i) Served by at least two unaffiliated multichannel video 
programming distributors each of which offers comparable programming to 
at least 50 percent of the households in the franchise area; and
    (ii) the number of households subscribing to multichannel video 
programming other than the largest multichannel video programming 
distributor exceeds 15 percent of the households in the franchise area.
    (3) A multichannel video programming distributor, operated by the 
franchising authority for that franchise area, offers video programming 
to at least 50 percent of the households in the franchise area.
    (4) A local exchange carrier or its affiliate (or any multichannel 
video programming distributor using the facilities of such carrier or 
its affiliate) offers video programming services directly to subscribers 
by any means (other than direct-to-home satellite services) in the 
franchise area of an unaffiliated cable operator which is providing 
cable service in that franchise area, but only if the video programming 
services so offered in that area are comparable to the video programming 
services provided by the unaffiliated cable operator in that area.
    (c) For purposes of paragraphs (b)(1) through (b)(3) of this 
section, each separately billed or billable customer will count as a 
household subscribing to or being offered video programming services, 
with the exception of multiple dwelling buildings billed as a single 
customer. Individual units of multiple dwelling buildings will count as 
separate households. The term ``households'' shall not include those 
dwellings that are used solely for seasonal, occasional, or recreational 
use.
    (d) A multichannel video program distributor, for purposes of this 
section, is an entity such as, but not limited to, a cable operator, a 
BRS/EBS provider, a direct broadcast satellite service, a television 
receive-only satellite program distributor, a video dialtone service 
provider, or a satellite master antenna television service provider that 
makes available for purchase, by subscribers or customers, multiple 
channels of video programming.
    (e) Service of a multichannel video programming distributor will be 
deemed offered:

[[Page 636]]

    (1) When the multichannel video programming distributor is 
physically able to deliver service to potential subscribers, with the 
addition of no or only minimal additional investment by the distributor, 
in order for an individual subscriber to receive service; and
    (2) When no regulatory, technical or other impediments to households 
taking service exist, and potential subscribers in the franchise area 
are reasonably aware that they may purchase the services of the 
multichannel video programming distributor.
    (f) For purposes of determining the number of households subscribing 
to the services of a multichannel video programming distributor other 
than the largest multichannel video programming distributor, under 
paragraph (b)(2)(ii) of this section, the number of subscribers of all 
multichannel video programming distributors that offer service in the 
franchise area will be aggregated.
    (g) In order to offer comparable programming as that term is used in 
this section, a competing multichannel video programming distributor 
must offer at least 12 channels of video programming, including at least 
one channel of nonbroadcast service programming.
    (h) For purposes of paragraph (b)(2) of this section, entities are 
affiliated if either entity has an attributable interest in the other or 
if a third party has an attributable interest in both entities. 
Attributable interest shall be defined by reference to the criteria set 
forth in Notes 1 through 5 to Sec. 76.501.
    (i) For purposes of paragraph (b)(4) of this section, entities are 
affiliated if either entity has an attributable interest in the other or 
if a third party has an attributable interest in both entities. 
Attributable interest shall be defined as follows:
    (1) A 10% partnership or voting equity interest in a corporation 
will be cognizable.
    (2) Subject to paragraph (i)(3), a limited partnership interest of 
10% or more shall be attributed to a limited partner unless that partner 
is not materially involved, directly or indirectly, in the management or 
operation of the media-related activities of the partnership and the 
relevant entity so certifies. An interest in a Limited Liability Company 
(``LLC'') or Registered Limited Liability Partnership (``RLLP'') shall 
be attributed to the interest holder unless that interest holder is not 
materially involved, directly or indirectly, in the management or 
operation of the media-related activities of the partnership and the 
relevant entity so certifies. Certifications must be made pursuant to 
the guidelines set forth in Note 2(f) to Sec. 76.501.
    (3) Notwithstanding paragraph (i)(2), the holder of an equity or 
debt interest or interests in an entity covered by this rule shall have 
that interest attributed if the equity (including all stockholdings, 
whether voting or nonvoting, common or preferred, and partnership 
interests) and debt interest or interests, in the aggregate, exceed 33 
percent of the total asset value (all equity plus all debt) of that 
entity.
    (4) Discrete ownership interests held by the same individual or 
entity will be aggregated in determining whether or not an interest is 
cognizable under this section. An individual or entity will be deemed to 
have a cognizable investment if the sum of the interests other than 
those held by or through ``passive investors'' is equal to or exceeds 
10%.

[58 FR 29753, May 21, 1993, as amended at 59 FR 17972, Apr. 15, 1994; 61 
FR 18978, Apr. 30, 1996; 62 FR 6495, Feb. 12, 1997; 64 FR 35950, July 2, 
1999; 64 FR 67196, Dec. 1, 1999; 69 FR 72046, Dec. 10, 2004]



Sec. 76.906  Presumption of effective competition.

    In the absence of a demonstration to the contrary cable systems are 
presumed: (a) To be subject to effective competition pursuant to section 
76.905(b)(2); and (b) Not to be subject to effective competition 
pursuant to section 76.905(b)(1), (3) or (4).

[80 FR 38012, July 2, 2015]



Sec. 76.907  Petition for a determination of effective competition.

    (a) A cable operator (or other interested party) may file a petition 
for a determination of effective competition with the Commission 
pursuant to the Commission's procedural rules in Sec. 76.7.
    (b) If the cable operator seeks to demonstrate that effective 
competition

[[Page 637]]

as defined in Sec. 76.905(b)(1), (3), or (4) exists in the franchise 
area, it bears the burden of demonstrating the presence of such 
effective competition. Effective competition as defined in Sec. 
76.905(b)(2) is governed by the presumption in Sec. 76.906, except that 
where a franchising authority has rebutted the presumption of competing 
provider effective competition as defined in Sec. 76.905(b)(2) and is 
certified, the cable operator must demonstrate that circumstances have 
changed and effective competition is present in the franchise area.

    Note to paragraph (b): The criteria for determining effective 
competition pursuant to Sec. 76.905(b)(4) are described in 
Implementation of Cable Act Reform Provisions of the Telecommunications 
Act of 1996, Report and Order in CS Docket No. 96-85, FCC 99-57 
(released March 29, 1999).

    (c) If the evidence establishing effective competition is not 
otherwise available, cable operators may request from a competitor 
information regarding the competitor's reach and number of subscribers. 
A competitor must respond to such request within 15 days. Such responses 
may be limited to numerical totals. In addition, with respect to 
petitions filed seeking to demonstrate the presence of effective 
competition pursuant to Sec. 76.905(b)(4), the Commission may issue an 
order directing one or more persons to produce information relevant to 
the petition's disposition.

[64 FR 35950, July 2, 1999, as amended at 80 FR 38013, July 2, 2015]



Sec. 76.910  Franchising authority certification.

    (a) A franchising authority must be certified by the Commission in 
order to regulate the basic service tier and associated equipment of a 
cable system within its jurisdiction.
    (b) To be certified, the franchising authority must file with the 
Commission a written certification that:
    (1) The franchising authority will adopt and administer regulations 
with respect to the rates for the basic service tier that are consistent 
with the regulations prescribed by the Commission for regulation of the 
basic service tier;
    (2) The franchising authority has the legal authority to adopt, and 
the personnel to administer, such regulations;
    (3) Procedural laws and regulations applicable to rate regulation 
proceedings by such authority provide a reasonable opportunity for 
consideration of the views of interested parties; and
    (4) The cable system in question is not subject to effective 
competition. The franchising authority must submit specific evidence 
demonstrating its rebuttal of the presumption in Sec. 76.906 that the 
cable operator is subject to effective competition pursuant to section 
76.905(b)(2). Unless a franchising authority has actual knowledge to the 
contrary, the franchising authority may rely on the presumption in Sec. 
76.906 that the cable operator is not subject to effective competition 
pursuant to section 76.905(b)(1), (3), or (4). The franchising authority 
bears the burden of submitting evidence rebutting the presumption that 
competing provider effective competition, as defined in Sec. 
76.905(b)(2), exists in the franchise area. If the evidence establishing 
the lack of effective competition is not otherwise available, 
franchising authorities may request from a multichannel video 
programming distributor information regarding the multichannel video 
programming distributor's reach and number of subscribers. A 
multichannel video programming distributor must respond to such request 
within 15 days. Such responses may be limited to numerical totals.
    (c) The written certification described in paragraph (b) of this 
section shall be made by completing and filing FCC Form 328. FCC Form 
328 can be obtained from the internet at http://www.fcc.gov/Forms/
Form328/328.pdf or by calling the FCC Forms Distribution Center at 1-
800-418-3676. The form must be filed by
    (1) Registered mail, return receipt requested, or
    (2) Hand-delivery to the Commission and a date-stamped copy 
obtained. The date on the return receipt or on the date-stamped copy is 
the date filed.

[[Page 638]]

    (d) A copy of the certification form described in paragraph (c) of 
this section must be served on the cable operator before or on the same 
day it is filed with the Commission.
    (e) Unless the Commission notifies the franchising authority 
otherwise, the certification will become effective 30 days after the 
date filed, provided, however, That the franchising authority may not 
regulate the rates of a cable system unless it:
    (1) Adopts regulations:
    (i) Consistent with the Commission's regulations governing the basic 
tier; and
    (ii) Providing a reasonable opportunity for consideration of the 
views of interested parties, within 120 days of the effective date of 
certification; and
    (2) Notifies the cable operator that the authority has been 
certified and has adopted the regulations required by paragraph (e)(1) 
of this section.
    (f) If the Commission denies a franchising authority's 
certification, the Commission will notify the franchising authority of 
any revisions or modifications necessary to obtain approval.

[58 FR 29753, May 21, 1993, as amended at 80 FR 38013, July 2, 2015; 83 
FR 60776, Nov. 27, 2018]



Sec. 76.911  Petition for reconsideration of certification.

    (a) A cable operator (or other interested party) may challenge a 
franchising authority's certification by filing a petition for 
reconsideration pursuant to Sec. 1.106. The petition may allege either 
of the following:
    (1) The cable operator is not subject to rate regulation because 
effective competition exists as defined in Sec. 76.905. Sections 
76.907(b) and (c) apply to petitions filed under this section.
    (2) The franchising authority does not meet the certification 
standards set forth in 47 U.S.C. 543(a)(3).
    (b) Stay of rate regulation. (1) The filing of a petition for 
reconsideration pursuant to paragraph (a)(1) of this section will 
automatically stay the imposition of rate regulation pending the outcome 
of the reconsideration proceeding.
    (2) A petitioner filing pursuant to paragraph (a)(2) of this section 
may request a stay of rate regulation.
    (3) In any case in which a stay of rate regulation has been granted, 
if the petition for reconsideration is denied, the cable operator may be 
required to refund any rates or portion of rates above the permitted 
tier charge or permitted equipment charge which were collected from the 
date the operator implements a prospective rate reduction back in time 
to September 1, 1993, or one year, whichever is shorter.
    (c) The filing of a petition for reconsideration alleging the 
presence of effective competition based on frivolous grounds is 
prohibited, and may be subject to forfeitures.
    (d) If the Commission upholds a challenge to a certification filed 
pursuant to paragraph (a)(2) of this section, the Commission will notify 
the franchising authority of the revisions necessary to secure approval 
and provide the authority an opportunity to amend its certification 
however necessary to secure approval. Provided, however, That pending 
approval of certification, the Commission will assume jurisdiction over 
basic cable service rates in that franchise area.

[58 FR 29753, May 21, 1993, as amended at 58 FR 46735, Sept. 2, 1993; 64 
FR 35950, July 2, 1999]



Sec. 76.912  Joint certification.

    (a) Franchising authorities may apply for joint certification and 
may engage in joint regulation, including, but not limited to, joint 
hearings, data collection, and ratemaking. Franchising authorities 
jointly certified to regulate their cable system(s) may make independent 
rate decisions.
    (b) Franchising authorities may apply for joint certification 
regardless of whether the authorities are served by the same cable 
system or by different cable systems and regardless of whether the rates 
in each franchising area are uniform.



Sec. 76.913  Assumption of jurisdiction by the Commission.

    (a) Upon denial or revocation of the franchising authority's 
certification, the Commission will regulate rates for cable services and 
associated equipment of a cable system not subject to effective 
competition, as defined in

[[Page 639]]

Sec. 76.905, in a franchise area. Such regulation by the Commission 
will continue until the franchising authority has obtained certification 
or recertification.
    (b) A franchising authority unable to meet certification standards 
may petition the Commission to regulate the rates for basic cable 
service and associated equipment of its franchisee when:
    (1) The franchising authority lacks the resources to administer rate 
regulation.
    (2) The franchising authority lacks the legal authority to regulate 
basic service rates; Provided, however, That the authority must submit 
with its request a statement detailing the nature of the legal 
infirmity.
    (c) The Commission will regulate basic service rates pursuant to 
this Section until the franchising authority qualifies to exercise 
jurisdiction pursuant to Sec. 76.916.

[58 FR 29753, May 21, 1993, as amended at 62 FR 6495, Feb. 12, 1997]



Sec. 76.914  Revocation of certification.

    (a) A franchising authority's certification shall be revoked if:
    (1) After the franchising authority has been given a reasonable 
opportunity to comment and cure any minor nonconformance, it is 
determined that state and local laws and regulations are in substantial 
and material conflict with the Commission's regulations governing cable 
rates.
    (2) After being given an opportunity to cure the defect, a 
franchising authority fails to fulfill one of the three conditions for 
certification, set forth in 47 U.S.C. 543(a)(3), or any of the 
provisions of Sec. 76.910(b).
    (b) In all cases of revocation, the Commission will assume 
jurisdiction over basic service rates until an authority becomes 
recertified. The Commission will also notify the franchising authority 
regarding the corrective action that may be taken.
    (c) A cable operator may file a petition for special relief pursuant 
to Sec. 76.7 of this part seeking revocation of a franchising 
authority's certification.
    (d) While a petition for revocation is pending, and absent grant of 
a stay, the franchising authority may continue to regulate the basic 
service rates of its franchisees.

[58 FR 29753, May 21, 1993, as amended at 59 FR 17972, Apr. 15, 1994; 64 
FR 6572, Feb. 10, 1999]



Sec. 76.916  Petition for recertification.

    (a) After its request for certification has been denied or its 
existing certification has been revoked, a franchising authority wishing 
to assume jurisdiction to regulate basic service and associated 
equipment rates must file a ``Petition for Recertification'' accompanied 
by a copy of the earlier decision denying or revoking certification.
    (b) The petition must:
    (1) Meet the requirements set forth in 47 U.S.C. 543(a)(3);
    (2) State that the cable system is not subject to effective 
competition; and
    (3) Contain a clear showing, supported by either objectively 
verifiable data such as a state statute, or by affidavit, that the 
reasons for the earlier denial or revocation no longer pertain.
    (c) The petition must be served on the cable operator and on any 
interested party that participated in the proceeding denying or revoking 
the original certification.
    (d) Oppositions may be filed within 15 days after the petition is 
filed, and must be served on the petitioner. Replies may be filed within 
seven days of filing of oppositions, and must be served on the opposing 
party(ies).



Sec. 76.917  Notification of certification withdrawal.

    A franchising authority that has been certified to regulate rates 
may, at any time, notify the Commission that it no longer intends to 
regulate basic cable rates. Such notification shall include the 
franchising authority's determination that rate regulation no longer 
serves the interests of cable subscribers served by the cable system 
within the franchising authority's jurisdiction, and that it has 
received no consideration for its withdrawal of certification. Such 
notification shall be served on the cable operator. The Commission 
retains the right to review such determinations and to request the 
factual finding of the franchising authority underlying its decision to 
withdraw certification. The franchising

[[Page 640]]

authority's withdrawal becomes effective upon notification to the 
Commission.

[59 FR 17972, Apr. 15, 1994]



Sec. 76.920  Composition of the basic tier.

    Every subscriber of a cable system must subscribe to the basic tier 
in order to subscribe to any other tier of video programming or to 
purchase any other video programming.



Sec. 76.921  Buy-through of other tiers prohibited.

    (a) No cable system operator, other than an operator subject to 
effective competition, may require the subscription to any tier other 
than the basic service tier as a condition of subscription to video 
programming offered on a per channel or per program charge basis. A 
cable operator may, however, require the subscription to one or more 
tiers of cable programming services as a condition of access to one or 
more tiers of cable programming services.
    (b) A cable operator not subject to effective competition may not 
discriminate between subscribers to the basic service tier and other 
subscribers with regard to the rates charged for video programming 
offered on a per-channel or per-program charge basis.
    (c) With respect to cable systems not subject to effective 
competition, prior to October 5, 2002, the provisions of paragraph (a) 
of this section shall not apply to any cable system that lacks the 
capacity to offer basic service and all programming distributed on a per 
channel or per program basis without also providing other intermediate 
tiers of service:
    (1) By controlling subscriber access to nonbasic channels of service 
through addressable equipment electronically controlled from a central 
control point; or
    (2) Through the installation, noninstallation, or removal of 
frequency filters (traps) at the premises of subscribers without other 
alteration in system configuration or design and without causing 
degradation in the technical quality of service provided.
    (d) With respect to cable systems not subject to effective 
competition, any retiering of channels or services that is not 
undertaken in order to accomplish legitimate regulatory, technical, or 
customer service objectives and that is intended to frustrate or has the 
effect of frustrating compliance with paragraphs (a) through (c) of this 
section is prohibited.

[62 FR 6495, Feb. 12, 1997]



Sec. 76.922  Rates for the basic service tier and cable programming services tiers.

    (a) Basic and cable programming service tier rates. Basic service 
tier and cable programming service rates shall be subject to regulation 
by the Commission and by state and local authorities, as is appropriate, 
in order to assure that they are in compliance with the requirements of 
47 U.S.C. 543. Rates that are demonstrated, in accordance with this 
part, not to exceed the ``Initial Permitted Per Channel Charge'' or the 
``Subsequent Permitted Per Channel Charge'' as described in this 
section, or the equipment charges as specified in Sec. 76.923, will be 
accepted as in compliance. The maximum monthly charge per subscriber for 
a tier of regulated programming services offered by a cable system shall 
consist of a permitted per channel charge multiplied by the number of 
channels on the tier, plus a charge for franchise fees. The maximum 
monthly charges for regulated programming services shall not include any 
charges for equipment or installations. Charges for equipment and 
installations are to be calculated separately pursuant to Sec. 76.923. 
The same rate-making methodology (either the benchmark methodology found 
in paragraph (b) of this section, or a cost-of-service showing) shall be 
used to set initial rates on all rate regulated tiers, and shall 
continue to provide the basis for subsequent permitted charges.
    (b) Permitted charge on May 15, 1994. (1) The permitted charge for a 
tier of regulated program service shall be, at the election of the cable 
system, either:
    (i) A rate determined pursuant to a cost-of-service showing;
    (ii) The full reduction rate;
    (iii) The transition rate, if the system is eligible for transition 
relief; or
    (iv) A rate based on a streamlined rate reduction, if the system is 
eligible to implement such a rate reduction.

[[Page 641]]

Except where noted, the term ``rate'' in this subsection means a rate 
measured on an average regulated revenue per subscriber basis.
    (2) Full reduction rate. The ``full reduction rate'' on May 15, 1994 
is the system's September 30, 1992 rate, measured on an average 
regulated revenue per subscriber basis, reduced by 17 percent, and then 
adjusted for the following:
    (i) The establishment of permitted equipment rates as required by 
Sec. 76.923;
    (ii) Inflation measured by the GNP-PI between October 1, 1992 and 
September 30, 1993;
    (iii) Changes in the number of program channels subject to 
regulation that are offered on the system's program tiers between 
September 30, 1992 and the earlier of the initial date of regulation for 
any tier or February 28, 1994; and
    (iv) Changes in external costs that have occurred between the 
earlier of the initial date of regulation for any tier or February 28, 
1994, and March 31, 1994.
    (3) March 31, 1994 benchmark rate. The ``March 31, 1994 benchmark 
rate'' is the rate so designated using the calculations in Form 1200.
    (4) Transition rates--(i) Termination of transition relief for 
systems other than low price systems. Systems other than low-price 
systems that already have established a transition rate as of the 
effective date of this rule may maintain their current rates, as 
adjusted under the price cap requirements of Sec. 76.922(d), until two 
years from the effective date of this rule. These systems must begin 
charging reasonable rates in accordance with applicable rules, other 
than transition relief, no later than that date.
    (ii) Low-price systems. Low price systems shall be eligible to 
establish a transition rate for a tier.
    (A) A low-price system is a system:
    (1) Whose March 31, 1994 rate is below its March 31, 1994 benchmark 
rate, or
    (2) Whose March 31, 1994 rate is above its March 31, 1994 benchmark 
rate, but whose March 31, 1994 full reduction rate is below its March 
31, 1994 benchmark rate, as defined in Sec. 76.922(b)(2), above.
    (B) The transition rate on May 15, 1994 for a system whose March 31, 
1994 rate is below its March 31, 1994 benchmark rate is the system's 
March 31, 1994 rate. The March 31, 1994 rate is in both cases adjusted:
    (1) To establish permitted rates for equipment as required by Sec. 
76.923 if such rates have not already been established; and
    (2) For changes in external costs incurred between the earlier of 
initial date of regulation of any tier or February 28, 1994, and March 
31, 1994, to the extent changes in such costs are not already reflected 
in the system's March 31, 1994 rate. The transition rate on May 15, 1994 
for a system whose March 31, 1994 adjusted rate is above its March 31, 
1994 benchmark rate, but whose March 31, 1994 full reduction rate is 
below its March 31, 1994 benchmark rate, is the March 31, 1994 benchmark 
rate, adjusted to establish permitted rates for equipment as required by 
Sec. 76.923 if such rates have not already been established.
    (iii) Notwithstanding the foregoing, the transition rate for a tier 
shall be adjusted to reflect any determination by a local franchising 
authority and/or the Commission that the rate in effect on March 31, 
1994 was higher (or lower) than that permitted under applicable 
Commission regulations. A filing reflecting the adjusted rate shall be 
submitted to all relevant authorities within 30 days after issuance of 
the local franchising authority and/or Commission determination. A 
system whose March 31, 1994 rate is determined by a local franchising 
authority or the Commission to be too high under the Commission's rate 
regulations in effect before May 15, 1994 will be subject to any refund 
liability that may accrue under those rules. In addition, the system 
will be liable for refund liability under the rules in effect on and 
after May 15, 1994. Such refund liability will be measured by the 
difference in the system's March 31, 1994 rate and its permitted March 
31, 1994 rate as calculated under the Commission's rate regulations in 
effect before May 15, 1994. The refund liability will accrue according 
to the time periods set forth in Sec. Sec. 76.942, and 76.961 of the 
Commission's rules.
    (5) Streamlined rate reductions. (i) Upon becoming subject to rate 
regulation, a small system owned by a small

[[Page 642]]

cable company may make a streamlined rate reduction, subject to the 
following conditions, in lieu of establishing initial rates pursuant to 
the other methods of rate regulation set forth in this subpart:
    (A) Small systems that are owned by small cable companies and that 
have not already restructured their rates to comply with the 
Commission's rules may establish rates for regulated program services 
and equipment by making a streamlined rate reduction. Small systems 
owned by small cable companies shall not be eligible for streamlined 
rate reductions if they are owned or controlled by, or are under common 
control or affiliated with, a cable operator that exceeds these 
subscriber limits. For purposes of this rule, a small system will be 
considered ``affiliated with'' such an operator if the operator has a 20 
percent or greater equity interest in the small system.
    (B) The streamlined rate for a tier on May 15, 1994 shall be the 
system's March 31, 1994 rate for the tier, reduced by 14 percent. A 
small system that elects to establish its rate for a tier by 
implementing this streamlined rate reduction must also reduce, at the 
same time, each billed item of regulated cable service, including 
equipment, by 14 percent. Regulated rates established using the 
streamlined rate reduction process shall remain in effect until:
    (1) Adoption of a further order by the Commission establishing a 
schedule of average equipment costs;
    (2) The system increases its rates using the calculations and time 
periods set forth in FCC Form 1211; or
    (3) The system elects to establish permitted rates under another 
available option set forth in paragraph (b)(1) of this section.
    (C) Implementation and notification. An eligible small system that 
elects to use the streamlined rate reduction process must implement the 
required rate reductions and provide written notice of such reductions 
to subscribers, the local franchising authority and the Commission 
according to the following schedule:
    (1) Within 60 days from the date it receives the initial notice of 
regulation from the franchising authority or the Commission, the small 
system must provide written notice to subscribers and the franchising 
authority, or to the Commission if the Commission is regulating the 
basic tier, that it is electing to set its regulated rates by the 
streamlined rate reduction process. The system must then implement the 
streamlined rate reductions within 30 days after the written 
notification has been provided to subscribers and the local franchise 
authority or Commission.
    (2) If a cable programming services complaint is filed against the 
system, the system must provide the required written notice, described 
in paragraph (b)(5)(iii)(C)(1) of this section, to subscribers, the 
local franchising authority or the Commission within 60 days after the 
complaint is filed. The system must then implement the streamlined rate 
reductions within 30 days after the written notification has been 
provided.
    (3) A small system is required to give written notice of, and to 
implement, the rates that are produced by the streamlined rate reduction 
process only once. If a system has already provided notice of, and 
implemented, the streamlined rate reductions when a given tier becomes 
subject to regulation, it must report to the relevant regulator (either 
the franchising authority or the Commission) in writing within 30 days 
of becoming subject to regulation that it has already provided the 
required notice and implemented the required rate reductions.
    (ii) The stremlined rate for a tier on May 15, 1994 shall be the 
system's March 31, 1994 rate for the tier, reduced by 14 percent. A 
small system that elects to establish its rate for a tier by 
implementing this streamlined rate reduction must also reduce, at the 
same time, each billed item of regulated cable service, including 
equipment, by 14 percent. Regulated rates established using the 
streamlined rate reduction process shall remain in effect until:
    (A) Adoption of a further order by the Commission establishing a 
schedule of average equipment costs;
    (B) The system increases its rates using the calculations and time 
periods set forth in FCC Form 1211; or

[[Page 643]]

    (C) The system elects to establish permitted rates under another 
available option set forth in paragraph (b)(1) of this section.
    (iii) Implementation and notification. An eligible small system that 
elects to use the streamlined rate reduction process must implement the 
required rate reductions and provide written notice of such reductions 
to subscribers, the local franchising authority and the Commission 
according to the following schedule:
    (A) Where the franchising authority has been certified by the 
Commission to regulate the small system's basic service tier rates as of 
May 15, 1994, the system must notify the franchising authority and its 
subscribers in writing that it is electing to set its regulated rates by 
the streamline rate reduction process. Such notice must be given by June 
15, 1994, and must also describe the new rates that will result from the 
streamlined rate reduction process. Those rates must then be implemented 
within 30 days after the written notification has been provided to 
subscribers and the local franchising authority.
    (B) Where the franchising authority has not been certified to 
regulate basic service tier rates by May 15, 1994, the small system must 
provide the written notice to subscribers and the franchising authority, 
described in paragraph (b)(5)(iii)(A) of this section, within 30 days 
from the date it receives the initial notice of regulation from the 
franchising authority. The system must then implement the streamlined 
rate reductions within 30 days after the written notification has been 
provided to subscribers and the local franchise authority.
    (C) Where the Commission is regulating the small system's basic 
service tier rates as of May 15, 1994, the system must notify the 
Commission and its subscribers in writing that it is electing to set its 
regulated rates by the streamlined rate reduction process. Such notice 
must be given by June 15, 1994, and must also describe the new rates 
that will result from the streamlined rate reduction process. Those 
rates must then be implemented within 30 days after the written 
notification has been provided to subscribers and the Commission.
    (D) Where the Commission begins regulating basic service rates after 
May 15, 1994, the small system must provide the written notice to 
subscribers and the Commission, described in paragraph (b)(5)(iii)(C) of 
this section, within 30 days from the date it receives an initial notice 
of regulation. The system must then implement the streamlined rate 
reductions within 30 days after the written notification has been 
provided to subscribers and the Commission.
    (E) If a complaint about its cable programming service rates has 
been filed with the Commission on or before May 15, 1994, the small 
system must provide the written notice described in paragraph 
(b)(5)(iii)(A) of this section, to subscribers, the local franchising 
authority and the Commission by June 15, 1994. If a cable programming 
services complaint is filed against the system after May 15, 1994, the 
system must provide the required written notice to subscribers, the 
local franchising authority or the Commission within 30 days after the 
complaint is filed. The system must then implement the streamlined rate 
reductions within 30 days after the written notification has been 
provided.
    (F) A small system is required to give written notice of, and to 
implement, the rates that are produced by the streamlined rate reduction 
process only once. If a system has already provided notice of, and 
implemented, the streamlined rate reductions when a given tier becomes 
subject to regulation, it must report to the relevant regulator (either 
the franchising authority or the Commission) in writing within 30 days 
of becoming subject to regulation that it has already provided the 
required notice and implemented the required rate reductions.
    (6) Establishment of initial regulated rates. (i) Cable systems, 
other than those eligible for streamlined rate reductions, shall file 
FCC Forms 1200, 1205, and 1215 for a tier that is regulated on May 15, 
1994 by June 15, 1994, or thirty days after the initial date of 
regulation for the tier. A system that becomes subject to regulation for 
the first time on or after July 1, 1994 shall also file FCC Form 1210 at 
the time it files FCC Forms 1200, 1205 and 1215.

[[Page 644]]

    (ii) A cable system will not incur refund liability under the 
Commission's rules governing regulated cable rates on and after May 15, 
1994 if:
    (A) Between March 31, 1994 and July 14, 1994, the system does not 
change the rate for, or restructure in any fashion, any program service 
or equipment offering that is subject to regulation under the 1992 Cable 
Act; and
    (B) The system establishes a permitted rate defined in paragraph (b) 
of this section by July 14, 1994. The deferral of refund liability 
permitted by this subsection will terminate if, after March 31, 1994, 
the system changes any rate for, or restructures, any program service or 
equipment offering subject to regulation, and in all events will expire 
on July 14, 1994. Moreover, the deferral of refund liability permitted 
by this paragraph does not apply to refund liability that occurs because 
the system's March 31, 1994 rates for program services and equipment 
subject to regulation are higher than the levels permitted under the 
Commission's rules in effect before May 15, 1994.
    (7) For purposes of this section, the initial date of regulation for 
the basic service tier shall be the date on which notice is given 
pursuant to Sec. 76.910, that the provision of the basic service tier 
is subject to regulation. For a cable programming services tier, the 
initial date of regulation shall be the first date on which a complaint 
on the appropriate form is filed with the Commission concerning rates 
charged for the cable programming services tier.
    (8) For purposes of this section, rates in effect on the initial 
date of regulation or on September 30, 1992 shall be the rates charged 
to subscribers for service received on that date.
    (9) Updating data calculations. (i) For purposes of this section, 
if:
    (A) A cable operator, prior to becoming subject to regulation, 
revised its rates to comply with the Commission's rules; and
    (B) The data on which the cable operator relied was current and 
accurate at the time of revision, and the rate is accurate and justified 
by the prior data; and
    (C) Through no fault of the cable operator, the rates that resulted 
from using such data differ from the rates that would result from using 
data current and accurate at the time the cable operator's system 
becomes subject to regulation; then the cable operator is not required 
to change its rates to reflect the data current at the time it becomes 
subject to regulation.
    (ii) Notwithstanding the above, any subsequent changes in a cable 
operator's rates must be made from rate levels derived from data [that 
was current as of the date of the rate change].
    (iii) For purposes of this subsection, if the rates charged by a 
cable operator are not justified by an analysis based on the data 
available at the time it initially adjusted its rates, the cable 
operator must adjust its rates in accordance with the most accurate data 
available at the time of the analysis.
    (c) Subsequent permitted charge. (1) The permitted charge for a tier 
after May 15, 1994 shall be, at the election of the cable system, 
either:
    (i) A rate determined pursuant to a cost-of-service showing,
    (ii) A rate determined by application of the Commission's price cap 
requirements set forth in paragraph (d) of this section to a permitted 
rate determined in accordance with paragraph (b) of this section, or
    (iii) A rate determined by application of the Commission's price cap 
requirements set forth in paragraph (e) of this section to a permitted 
rate determined in accordance with paragraph (b) of this section.
    (2) The Commission's price cap requirements allow a system to adjust 
its permitted charges for inflation, changes in the number of regulated 
channels on tiers, or changes in external costs. After May 15, 1994, 
adjustments for changes in external costs shall be calculated by 
subtracting external costs from the system's permitted charge and making 
changes to that ``external cost component'' as necessary. The remaining 
charge, referred to as the ``residual component,'' will be adjusted 
annually for inflation. Cable systems may adjust their rates by using 
the price cap rules contained in either paragraph (d) or (e) of this 
section. In addition, cable systems may further adjust their rates using 
the methodologies set forth in paragraph (n) of this section.

[[Page 645]]

    (3) An operator may switch between the quarterly rate adjustment 
option contained in paragraph (d) of this section and the annual rate 
adjustment option contained in paragraph (e) of this section, provided 
that:
    (i) Whenever an operator switches from the current quarterly system 
to the annual system, the operator may not file a Form 1240 earlier than 
90 days after the operator proposed its last rate adjustment on a Form 
1210; and
    (ii) When an operator changes from the annual system to the 
quarterly system, the operator may not return to a quarterly adjustment 
using a Form 1210 until a full quarter after it has filed a true up of 
its annual rate on a Form 1240 for the preceding filing period.
    (4) An operator that does not set its rates pursuant to a cost-of-
service filing must use the quarterly rate adjustment methodology 
pursuant to paragraph (d) of this section or annual rate adjustment 
methodology pursuant to paragraph (e) of this section for both its basic 
service tier and its cable programming services tier(s).
    (d) Quarterly rate adjustment method--(1) Calendar year quarters. 
All systems using the quarterly rate adjustment methodology must use the 
following calendar year quarters when adjusting rates under the price 
cap requirements. The first quarter shall run from January 1 through 
March 31 of the relevant year; the second quarter shall run from April 1 
through June 30; the third quarter shall run from July 1 through 
September 30; and the fourth quarter shall run from October 1 through 
December 31.
    (2) Inflation adjustments. The residual component of a system's 
permitted charge may be adjusted annually for inflation. The annual 
inflation adjustment shall be used on inflation occurring from June 30 
of the previous year to June 30 of the year in which the inflation 
adjustment is made, except that the first annual inflation adjustment 
shall cover inflation from September 30, 1993 until June 30 of the year 
in which the inflation adjustment is made. The adjustment may be made 
after September 30, but no later than August 31, of the next calendar 
year. Adjustments shall be based on changes in the Gross National 
Product Price Index as published by the Bureau of Economic Analysis of 
the United States Department of Commerce. Cable systems that establish a 
transition rate pursuant to paragraph (b)(4) of this section may not 
begin adjusting rates on account of inflation before April 1, 1995. 
Between April 1, 1995 and August 31, 1995 cable systems that established 
a transition rate may adjust their rates to reflect the net of a 5.21% 
inflation adjustment minus any inflation adjustments they have already 
received. Low price systems that had their March 31, 1994 rates above 
the benchmark, but their full reduction rate below the benchmark will be 
permitted to adjust their rates to reflect the full 5.21% inflation 
factor unless the rate reduction was less than the inflation adjustment 
received on an FCC Form 393 for rates established prior to May 15, 1994. 
If the rate reduction established by a low price system that reduced its 
rate to the benchmark was less than the inflation adjustment received on 
an FCC Form 393, the system will be permitted to receive the 5.21% 
inflation adjustment minus the difference between the rate reduction and 
the inflation adjustment the system made on its FCC Form 393. Cable 
systems that established a transition rate may make future inflation 
adjustments on an annual basis with all other cable operators, no 
earlier than October 1 of each year and no later than August 31 of the 
following year to reflect the final GNP-PI through June 30 of the 
applicable year.
    (3) External costs. (i) Permitted charges for a tier may be adjusted 
up to quarterly to reflect changes in external costs experienced by the 
cable system as defined by paragraph (f) of this section. In all events, 
a system must adjust its rates annually to reflect any decreases in 
external costs that have not previously been accounted for in the 
system's rates. A system must also adjust its rates annually to reflect 
any changes in external costs, inflation and the number of channels on 
regulated tiers that occurred during the year if the system wishes to 
have such changes reflected in its regulated rates. A system that

[[Page 646]]

does not adjust its permitted rates annually to account for those 
changes will not be permitted to increase its rates subsequently to 
reflect the changes.
    (ii) A system must adjust its rates in the next calendar year 
quarter for any decrease in programming costs that results from the 
deletion of a channel or channels from a regulated tier.
    (iii) Any rate increase made to reflect an increase in external 
costs must also fully account for all other changes in external costs, 
inflation and the number of channels on regulated tiers that occurred 
during the same period. Rate adjustments made to reflect changes in 
external costs shall be based on any changes in those external costs 
that occurred from the end of the last quarter for which an adjustment 
was previously made through the end of the quarter that has most 
recently closed preceding the filing of the FCC Form 1210 (or FCC Form 
1211, where applicable). A system may adjust its rates after the close 
of a quarter to reflect changes in external costs that occurred during 
that quarter as soon as it has sufficient information to calculate the 
rate change.
    (e) Annual rate adjustment method--(1) Generally. Except as provided 
for in paragraphs (e)(2)(iii)(B) and (e)(2)(iii)(C) of this section and 
Section 76.923(o), operators that elect the annual rate adjustment 
method may not adjust their rates more than annually to reflect 
inflation, changes in external costs, changes in the number of regulated 
channels, and changes in equipment costs. Operators that make rate 
adjustments using this method must file on the same date a Form 1240 for 
the purpose of making rate adjustments to reflect inflation, changes in 
external costs and changes in the number of regulated channels and a 
Form 1205 for the purpose of adjusting rates for regulated equipment and 
installation. Operators may choose the annual filing date, but they must 
notify the franchising authority of their proposed filing date prior to 
their filing. Franchising authorities or their designees may reject the 
annual filing date chosen by the operator for good cause. If the 
franchising authority finds good cause to reject the proposed filing 
date, the franchising authority and the operator should work together in 
an effort to reach a mutually acceptable date. If no agreement can be 
reached, the franchising authority may set the filing date up to 60 days 
later than the date chosen by the operator. An operator may change its 
filing date from year-to-year, but except as described in paragraphs 
(e)(2)(iii)(B) and (e)(2)(iii)(C) of this section, at least twelve 
months must pass before the operator can implement its next annual 
adjustment.
    (2) Projecting inflation, changes in external costs, and changes in 
number of regulated channels. An operator that elects the annual rate 
adjustment method may adjust its rates to reflect inflation, changes in 
external costs and changes in the number of regulated channels that are 
projected for the 12 months following the date the operator is scheduled 
to make its rate adjustment pursuant to Section 76.933(g).
    (i) Inflation Adjustments. The residual component of a system's 
permitted charge may be adjusted annually to project for the 12 months 
following the date the operator is scheduled to make a rate adjustment. 
The annual inflation adjustment shall be based on inflation that 
occurred in the most recently completed July 1 to June 30 period. 
Adjustments shall be based on changes in the Gross National Product 
Price Index as published by the Bureau of Economic Analysis of the 
United States Department of Commerce.
    (ii) External costs. (A) Permitted charges for a tier may be 
adjusted annually to reflect changes in external costs experienced but 
not yet accounted for by the cable system, as well as for projections in 
these external costs for the 12-month period on which the filing is 
based. In order that rates be adjusted for projections in external 
costs, the operator must demonstrate that such projections are 
reasonably certain and reasonably quantifiable. Projections involving 
copyright fees, retransmission consent fees, other programming costs, 
Commission regulatory fees, and cable specific taxes are presumed to be 
reasonably certain and reasonably quantifiable. Operators may project 
for increases in franchise related costs to the extent that they are

[[Page 647]]

reasonably certain and reasonably quantifiable, but such changes are not 
presumed reasonably certain and reasonably quantifiable. Operators may 
pass through increases in franchise fees pursuant to Section 76.933(g).
    (B) In all events, a system must adjust its rates every twelve 
months to reflect any net decreases in external costs that have not 
previously been accounted for in the system's rates.
    (C) Any rate increase made to reflect increases or projected 
increases in external costs must also fully account for all other 
changes and projected changes in external costs, inflation and the 
number of channels on regulated tiers that occurred or will occur during 
the same period. Rate adjustments made to reflect changes in external 
costs shall be based on any changes, plus projections, in those external 
costs that occurred or will occur in the relevant time periods since the 
periods used in the operator's most recent previous FCC Form 1240.
    (iii) Channel adjustments. (A) Permitted charges for a tier may be 
adjusted annually to reflect changes not yet accounted for in the number 
of regulated channels provided by the cable system, as well as for 
projected changes in the number of regulated channels for the 12-month 
period on which the filing is based. In order that rates be adjusted for 
projected changes to the number of regulated channels, the operator must 
demonstrate that such projections are reasonably certain and reasonably 
quantifiable.
    (B) An operator may make rate adjustments for the addition of 
required channels to the basic service tier that are required under 
federal or local law at any time such additions occur, subject to the 
filing requirements of Section 76.933(g)(2), regardless of whether such 
additions occur outside of the annual filing cycle. Required channels 
may include must-carry, local origination, public, educational and 
governmental access and leased access channels. Should the operator 
elect not to pass through the costs immediately, it may accrue the costs 
of the additional channels plus interest, as described in paragraph 
(e)(3) of this section.
    (C) An operator may make one additional rate adjustment during the 
year to reflect channel additions to the cable programming services 
tiers or, where the operator offers only one regulated tier, the basic 
service tier. Operators may make this additional rate adjustment at any 
time during the year, subject to the filing requirements of Section 
76.933(g)(2), regardless of whether the channel addition occurs outside 
of the annual filing cycle. Should the operator elect not to pass 
through the costs immediately, it may accrue the costs of the additional 
channels plus interest, as described in paragraph (e)(3) of this 
section.
    (3) True-up and accrual of charges not projected. As part of the 
annual rate adjustment, an operator must ``true up'' its previously 
projected inflation, changes in external costs and changes in the number 
of regulated channels and adjust its rates for these actual cost 
changes. The operator must decrease its rates for overestimation of its 
projected cost changes, and may increase its rates to adjust for 
underestimation of its projected cost changes.
    (i) Where an operator has underestimated costs, future rates may be 
increased to permit recovery of the accrued costs plus 11.25% interest 
between the date the costs are incurred and the date the operator is 
entitled to make its rate adjustment.
    (ii) Per channel adjustment. Operators may increase rates by a per 
channel adjustment of up to 20 cents per subscriber per month, exclusive 
of programming costs, for each channel added to a CPST between May 15, 
1994, and December 31, 1997, except that an operator may take the per 
channel adjustment only for channel additions that result in an increase 
in the highest number of channels offered on all CPSTs as compared to 
May 14, 1994, and each date thereafter. Any revenues received from a 
programmer, or shared by a programmer and an operator in connection with 
the addition of a channel to a CPST shall first be deducted from 
programming costs for that channel pursuant to paragraph (d)(3)(x) of 
this section and then, to the extent revenues received from the 
programmer are greater than the programming costs, shall be deducted 
from the per channel adjustment. This deduction will apply on a channel 
by

[[Page 648]]

channel basis. With respect to the per channel adjustment only, this 
deduction shall not apply to revenues received by an operator from a 
programmer as commissions on sales of products or services offered 
through home shopping services.
    (iii) If an operator has underestimated its cost changes and elects 
not to recover these accrued costs with interest on the date the 
operator is entitled to make its annual rate adjustment, the interest 
will cease to accrue as of the date the operator is entitled to make the 
annual rate adjustment, but the operator will not lose its ability to 
recover such costs and interest. An operator may recover accrued costs 
between the date such costs are incurred and the date the operator 
actually implements its rate adjustment.
    (iv) Operators that use the annual methodology in their next filing 
after the release date of this Order may accrue costs and interest 
incurred since July 1, 1995 in that filing. Operators that file a Form 
1210 in their next filing after the release date of this Order, and 
elect to use Form 1240 in a subsequent filing, may accrue costs incurred 
since the end of the last quarter to which a Form 1210 applies.
    (4) Sunset provision. The Commission will review paragraph (e) of 
this section prior to December 31, 1998 to determine whether the annual 
rate adjustment methodology should be kept, and whether the quarterly 
system should be eliminated and replaced with the annual rate adjustment 
method.
    (f) External costs. (1) External costs shall consist of costs in the 
following categories:
    (i) State and local taxes applicable to the provision of cable 
television service;
    (ii) Franchise fees;
    (iii) Costs of complying with franchise requirements, including 
costs of providing public, educational, and governmental access channels 
as required by the franchising authority;
    (iv) Retransmission consent fees and copyright fees incurred for the 
carriage of broadcast signals;
    (v) Other programming costs; and
    (vi) Commission cable television system regulatory fees imposed 
pursuant to 47 U.S.C. Sec. 159.
    (vii) Headend equipment costs necessary for the carriage of digital 
broadcast signals.
    (2) The permitted charge for a regulated tier shall be adjusted on 
account of programming costs, copyright fees and retransmission consent 
fees only for the program channels or broadcast signals offered on that 
tier.
    (3) The permitted charge shall not be adjusted for costs of 
retransmission consent fees or changes in those fees incurred prior to 
October 6, 1994.
    (4) The starting date for adjustments on account of external costs 
for a tier of regulated programming service shall be the earlier of the 
initial date of regulation for any basic or cable service tier or 
February 28, 1994. Except, for regulated FCC Form 1200 rates set on the 
basis of rates at September 30, 1992 (using either March 31, 1994 rates 
initially determined from FCC Form 393 Worksheet 2 or using Form 1200 
Full Reduction Rates from Line J6), the starting date shall be September 
30, 1992. Operators in this latter group may make adjustment for changes 
in external costs for the period between September 30, 1992, and the 
initial date of regulation or February 28, 1994, whichever is 
applicable, based either on changes in the GNP-PI over that period or on 
the actual change in the external costs over that period. Thereafter, 
adjustment for external costs may be made on the basis of actual changes 
in external costs only.
    (5) Changes in franchise fees shall not result in an adjustment to 
permitted charges, but rather shall be calculated separately as part of 
the maximum monthly charge per subscriber for a tier of regulated 
programming service.
    (6) Adjustments to permitted charges to reflect changes in the costs 
of programming purchased from affiliated programmers, as defined in 
Sec. 76.901, shall be permitted as long as the price charged to the 
affiliated system reflects either prevailing company prices offered in 
the marketplace to third parties (where the affiliated program supplier 
has established such prices) or the fair market value of the 
programming.
    (i) For purposes of this section, entities are affiliated if either 
entity has an attributable interest in the other or

[[Page 649]]

if a third party has an attributable interest in both entities.
    (ii) Attributable interest shall be defined by reference to the 
criteria set forth in Notes 1 through 5 to Sec. 76.501 provided, 
however, that:
    (A) The limited partner and LLC/LLP/RLLP insulation provisions of 
Note 2(f) shall not apply; and
    (B) The provisions of Note 2(a) regarding five (5) percent interests 
shall include all voting or nonvoting stock or limited partnership 
equity interests of five (5) percent or more.
    (7) Adjustments to permitted charges on account of increases in 
costs of programming shall be further adjusted to reflect any revenues 
received by the operator from the programmer. Such adjustments shall 
apply on a channel-by-channel basis.
    (8) In calculating programming expense, operators may add a mark-up 
of 7.5% for increases in programming costs occurring after March 31, 
1994, except that operators may not file for or take the 7.5% mark-up on 
programming costs for new channels added on or after May 15, 1994 for 
which the operator has used the methodology set forth in paragraph 
(g)(3) of this section for adjusting rates for channels added to cable 
programming service tiers. Operators shall reduce rates by decreases in 
programming expense plus an additional 7.5% for decreases occurring 
after May 15, 1994 except with respect to programming cost decreases on 
channels added after May 15, 1994 for which the rate adjustment 
methodology in paragraph (g)(3) of this section was used.
    (g) Changes in the number of channels on regulated tiers--(1) 
Generally. A system may adjust the residual component of its permitted 
rate for a tier to reflect changes in the number of channels offered on 
the tier on a quarterly basis. Cable systems shall use FCC Form 1210 (or 
FCC Form 1211, where applicable) or FCC Form 1240 to justify rate 
changes made on account of changes in the number of channels on a basic 
service tier (``BST'') or a cable programming service tier (``CPST''). 
Such rate adjustments shall be based on any changes in the number of 
regulated channels that occurred from the end of the last quarter for 
which an adjustment was previously made through the end of the quarter 
that has most recently closed preceding the filing of the FCC Form 1210 
(or FCC Form 1211, where applicable) or FCC Form 1240. However, when a 
system deletes channels in a calendar quarter, the system must adjust 
the residual component of the tier charge in the next calendar quarter 
to reflect that deletion. Operators must elect between the channel 
addition rules in paragraphs (g)(2) and (g)(3) of this section the first 
time they adjust rates after December 31, 1994, to reflect a channel 
addition to a CPST that occurred on or after May 15, 1994, and must use 
the elected methodology for all rate adjustments through December 31, 
1997. A system that adjusted rates after May 15, 1994, but before 
January 1, 1995 on account of a change in the number of channels on a 
CPST that occurred after May 15, 1994, may elect to revise its rates to 
charge the rates permitted by paragraph (g)(3) of this section on or 
after January 1, 1995, but is not required to do so as a condition for 
using the methodology in paragraph (g)(3) of this section for rate 
adjustments after January 1, 1995. Rates for the BST will be governed 
exclusively by paragraph (g)(2) of this section, except that where a 
system offered only one tier on May 14, 1994, the cable operator will be 
allowed to elect between paragraphs (g)(2) and (g)(3) of this section as 
if the tier was a CPST.
    (2) Adjusting rates for increases in the number of channels offered 
between May 15, 1994, and December 31, 1997, on a basic service tier and 
at the election of the operator on a cable programming service tier. The 
following table shall be used to adjust permitted rates for increases in 
the number of channels offered between May 15, 1994, and December 31, 
1997, on a basic service tier and subject to the conditions in paragraph 
(g)(1) of this section at the election of the operator on a CPST. The 
entries in the table provide the cents per channel per subscriber per 
month by which cable operators will adjust the residual component using 
FCC Form 1210 (or FCC Form 1211, where applicable) or FCC Form 1240.

[[Page 650]]



------------------------------------------------------------------------
                                                             Per-channel
             Average No. of regulated channels                adjustment
                                                                factor
------------------------------------------------------------------------
7..........................................................        $0.52
7.5........................................................         0.45
8..........................................................         0.40
8.5........................................................         0.36
9..........................................................         0.33
9.5........................................................         0.29
10.........................................................         0.27
10.5.......................................................         0.24
11.........................................................         0.22
11.5.......................................................         0.20
12.........................................................         0.19
12.5.......................................................         0.17
13.........................................................         0.16
13.5.......................................................         0.15
14.........................................................         0.14
14.5.......................................................         0.13
15-15.5....................................................         0.12
16.........................................................         0.11
16.5-17....................................................         0.10
17.5-18....................................................         0.09
18.5-19....................................................         0.08
19.5-21.5..................................................         0.07
22-23.5....................................................         0.06
24-26......................................................         0.05
26.5-29.5..................................................         0.04
30-35.5....................................................         0.03
36-46......................................................         0.02
46.5-99.5..................................................         0.01
------------------------------------------------------------------------

    In order to adjust the residual component of the tier charge when 
there is an increase in the number of channels on a tier, the operator 
shall perform the following calculations:
    (i) Take the sum of the old total number of channels on tiers 
subject to regulation (i.e., tiers that are, or could be, regulated but 
excluding New Product Tiers) and the new total number of channels and 
divide the resulting number by two;
    (ii) Consult the above table to find the applicable per channel 
adjustment factor for the number of channels produced by the 
calculations in step (1). For each tier for which there has been an 
increase in the number of channels, multiply the per-channel adjustment 
factor times the change in the number of channels on that tier. The 
result is the total adjustment for that tier.
    (3) Alternative methodology for adjusting rates for changes in the 
number of channels offered on a cable programming service tier or a 
single tier system between May 15, 1994, and December 31, 1997. This 
paragraph at the Operator's discretion as set forth in paragraph (g)(1) 
of this section shall be used to adjust permitted rates for a CPST after 
December 31, 1994, for changes in the number of channels offered on a 
CPST between May 15, 1994, and December 31, 1997. For purposes of 
paragraph (g)(3) of this section, a single tier system may be treated as 
if it were a CPST.
    (i) Operators cap attributable to new channels on all CPSTs through 
December 31, 1997. Operators electing to use the methodology set forth 
in this paragraph may increase their rates between January 1, 1995, and 
December 31, 1997, by up to 20 cents per channel, exclusive of 
programming costs, for new channels added to CPSTs on or after May 15, 
1994, except that they may not make rate adjustments totalling more than 
$1.20 per month, per subscriber through December 31, 1996, and by more 
than $1.40 per month, per subscriber through December 31, 1997 (the 
``Operator's Cap''). Except to the extent that the programming costs of 
such channels are covered by the License Fee Reserve provided for in 
paragraph (g)(3)(iii) of this section, programming costs associated with 
channels for which a rate adjustment is made pursuant to this paragraph 
(g)(3) of this section must fall within the Operators' Cap if the 
programming costs (including any increases therein) are reflected in 
rates before January 1, 1997. Inflation adjustments pursuant to 
paragraph (d)(2) or (e)(2) of this section are not counted against the 
Operator's Cap.
    (ii) Per channel adjustment. Operators may increase rates by a per 
channel adjustment of up to 20 cents per subscriber per month, exclusive 
of programming costs, for each channel added to a CPST between May 15, 
1994, and December 31, 1997, except that an operator may take the per 
channel adjustment only for channel additions that result in an increase 
in the highest number of channels offered on all CPSTs as compared to 
May 14, 1994, and each date thereafter. Any revenues received from a 
programmer, or shared by a programmer and an operator in connection with 
the addition of a channel to a CPST shall first be deducted from 
programming costs for that channel pursuant to paragraph (f)(7) of this 
section and then, to the extent revenues received from the programmer 
are greater than the programming costs, shall be deducted from the per 
channel adjustment. This deduction will apply on a channel by channel 
basis.

[[Page 651]]

    (iii) License fee reserve. In addition to the rate adjustments 
permitted in paragraphs (g)(3)(i) and (g)(3)(ii) of this section, 
operators that make channel additions on or after May 15, 1994 may 
increase their rates by a total of 30 cents per month, per subscriber 
between January 1, 1995, and December 31, 1996, for license fees 
associated with such channels (the ``License Fee Reserve''). The License 
Fee Reserve may be applied against the initial license fee and any 
increase in the license fee for such channels during this period. An 
operator may pass-through to subscribers more than the 30 cents between 
January 1, 1995, and December 31, 1996, for license fees associated with 
channels added after May 15, 1994, provided that the total amount 
recovered from subscribers for such channels, including the License Fee 
Reserve, does not exceed $1.50 per subscriber, per month. After December 
31, 1996, license fees may be passed through to subscribers pursuant to 
paragraph (f) of this section, except that license fees associated with 
channels added pursuant to this paragraph (3) will not be eligible for 
the 7.5% mark-up on increases in programming costs.
    (iv) Timing. For purposes of determining whether a rate increase 
counts against the maximum rate increases specified in paragraphs 
(g)(3)(i) through (g)(3)(ii) of this section, the relevant date shall be 
when rates are increased as a result of channel additions, not when the 
addition occurs.
    (4) Deletion of channels. When dropping a channel from a BST or 
CPST, operators shall reflect the net reduction in external costs in 
their rates pursuant to paragraphs (d)(3)(i) and (d)(3)(ii) of this 
section, or paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section. 
With respect to channels to which the 7.5% mark-up on programming costs 
applied pursuant to paragraph (f)(8) of this section, the operator shall 
treat the mark-up as part of its programming costs and subtract the 
mark-up from its external costs. Operators shall also reduce the price 
of that tier by the ``residual'' associated with that channel. For 
channels that were on a BST or CPST on May 14, 1994, or channels added 
after that date pursuant to paragraph (g)(2) of this section, the per 
channel residual is the charge for their tier, minus the external costs 
for the tier, and any per channel adjustments made after that date, 
divided by the total number of channels on the tier minus the number of 
channels on the tier that received the per channel adjustment specified 
in paragraph (g)(3) of this section. For channels added to a CPST after 
May 14, 1994, pursuant to paragraph (g)(3) of this section, the 
residuals shall be the actual per channel adjustment taken for that 
channel when it was added to the tier.
    (5) Movement of Channels Between Tiers. When a channel is moved from 
a CPST or a BST to another CPST or BST, the price of the tier from which 
the channel is dropped shall be reduced to reflect the decrease in 
programming costs and residual as described in paragraph (g)(4) of this 
section. The residual associated with the shifted channel shall then be 
converted from per subscriber to aggregate numbers to ensure aggregate 
revenues from the channel remain the same when the channel is moved. The 
aggregate residual associated with the shifted channel may be shifted to 
the tier to which the channel is being moved. The residual shall then be 
converted to per subscriber figures on the new tier, plus any subsequent 
inflation adjustment. The price of the tier to which the channel is 
shifted may then be increased to reflect this amount. The price of that 
tier may also be increased to reflect any increase in programming cost. 
An operator may not shift a channel for which it received a per channel 
adjustment pursuant to paragraph (g)(3) of this section from a CPST to a 
BST.
    (6) Substitution of channels on a BST or CPST. If an operator 
substitutes a new channel for an existing channel on a CPST or a BST, no 
per channel adjustment may be made. Operators substituting channels on a 
CPST or a BST shall be required to reflect any reduction in programming 
costs in their rates and may reflect any increase in programming costs 
pursuant to paragraphs (d)(3)(i) and (d)(3)(ii), or paragraphs 
(e)(2)(ii)(A) and (e)(2)(ii)(B) of this section. If the programming cost 
for the new channel is greater than the programming cost for the 
replaced

[[Page 652]]

channel, and the operator chooses to pass that increase through to 
subscribers, the excess shall count against the License Fee Reserve or 
the Operator Cap when the increased cost is passed through to 
subscribers. Where an operator substitutes a new channel for a channel 
on which a 7.5% mark-up on programming costs was taken pursuant to 
paragraph (f)(8) of this section, the operator may retain the 7.5% mark-
up on the license fee of the dropped channel to the extent that it is no 
greater than 7.5% of programming cost of the new service.
    (7) [Reserved]
    (8) Sunset provision. Paragraph (g) of this section shall cease to 
be effective on January 1, 1998 unless renewed by the Commission.
    (h) Permitted charges for a tier shall be determined in accordance 
with forms and associated instructions established by the Commission.
    (i) Cost of service charge. (1) For purposes of this section, a 
monthly cost-of-service charge for a basic service tier or a cable 
programming service tier is an amount equal to the annual revenue 
requirement for that tier divided by a number that is equal to 12 times 
the average number of subscribers to that tier during the test year, 
except that a monthly charge for a system or tier in service less than 
one year shall be equal to the projected annual revenue requirement for 
the first 12 months of operation or service divided by a number that is 
equal to 12 times the projected average number of subscribers during the 
first 12 months of operation or service. The calculation of the average 
number of subscribers shall include all subscribers, regardless of 
whether they receive service at full rates or at discounts.
    (2) A test year for an initial regulated charge is the cable 
operator's fiscal year preceding the initial date of regulation. A test 
year for a change in the basic service charge that is after the initial 
date of regulation is the cable operator's fiscal year preceding the 
mailing or other delivery of written notice pursuant to Section 76.932. 
A test year for a change in a cable programming service charge after the 
initial date of regulation is the cable operator's fiscal year preceding 
the filing of a complaint regarding the increase.
    (3) The annual revenue requirement for a tier is the sum of the 
return component and the expense component for that tier.
    (4) The return component for a tier is the average allowable test 
year ratebase allocable to the tier adjusted for known and measurable 
changes occurring between the end of the test year and the effective 
date of the rate multiplied by the rate of return specified by the 
Commission or franchising authority.
    (5) The expense component for a tier is the sum of allowable test 
year expenses allocable to the tier adjusted for known and measurable 
changes occurring between the end of the test year and the effective 
date of the rate.
    (6) The ratebase may include the following:
    (i) Prudent investment by a cable operator in tangible plant that is 
used and useful in the provision of regulated cable services less 
accumulated depreciation. Tangible plant in service shall be valued at 
the actual money cost (or the money value of any consideration other 
than money) at the time it was first used to provide cable service, 
except that in the case of systems purchased before May 15, 1994 shall 
be presumed to equal 66% of the total purchase price allocable to assets 
(including tangible and intangible assets) used to provide regulated 
services. The 66% allowance shall not be used to justify any rate 
increase taken after the effective date of this rule. The actual money 
cost of plant may include an allowance for funds used during 
construction at the prime rate or the operator's actual cost of funds 
during construction. Cost overruns are presumed to be imprudent 
investment in the absence of a showing that the overrun occurred through 
no fault of the operator.
    (ii) An allowance for start-up losses including depreciation, 
amortization and interest expenses related to assets that are included 
in the ratebase. Capitalized start-up losses, may include cumulative net 
losses, plus any unrecovered interest expenses connected to funding the 
regulated ratebase, amortized over the unexpired life of the

[[Page 653]]

franchise, commencing with the end of the loss accumulation phase. 
However, losses attributable to accelerated depreciation methodologies 
are not permitted.
    (iii) An allowance for start-up losses, if any, that is equal to the 
lesser of the first two years of operating costs or accumulated losses 
incurred until the system reached the end of its prematurity stage as 
defined in Financial Accounting Standards Board Standard 51 (``FASB 
51'') less straight-line amortization over a reasonable period not 
exceeding 15 years that commences at the end of the prematurity phase of 
operation.
    (iv) Intangible assets less amortization that reflect the original 
costs prudently incurred by a cable operator in organizing and 
incorporating a company that provides regulated cable services, 
obtaining a government franchise to provide regulated cable services, or 
obtaining patents that are used and useful in the provision of cable 
services.
    (v) The cost of customer lists if such costs were capitalized during 
the prematurity phase of operations less amortization.
    (vi) An amount for working capital to the extent that an allowance 
or disallowance for funds needed to sustain the ongoing operations of 
the regulated cable service is demonstrated.
    (vii) Other intangible assets to the extent the cable operator 
demonstrates that the asset reflects costs incurred in an activity or 
transaction that produced concrete benefits or savings for subscribers 
to regulated cable services that would not have been realized otherwise 
and the cable operator demonstrates that a return on such an asset does 
not exceed the value of such a subscriber benefit.
    (viii) The portion of the capacity of plant not currently in service 
that will be placed in service within twelve months of the end of the 
test year.
    (7) Deferred income taxes accrued after the date upon which the 
operator became subject to regulation shall be deducted from items 
included in the ratebase.
    (8) Allowable expenses may include the following:
    (i) All regular expenses normally incurred by a cable operator in 
the provision of regulated cable service, but not including any lobbying 
expense, charitable contributions, penalties and fines paid on account 
of violations of statutes or rules, or membership fees in social, 
service, recreational or athletic clubs or organizations.
    (ii) Reasonable depreciation expense attributable to tangible assets 
allowable in the ratebase.
    (iii) Reasonable amortization expense for prematurely abandoned 
tangible assets formerly includable in the ratebase that are amortized 
over the remainder of the original expected life of the asset.
    (iv) Reasonable amortization expense for start-up losses and 
capitalized intangible assets that are includable in ratebase.
    (v) Taxes other than income taxes attributable to the provision of 
regulated cable services.
    (vi) An income tax allowance.
    (j) Network upgrade rate increase. (1) Cable operators that 
undertake significant network upgrades requiring added capital 
investment may justify an increase in rates for regulated services by 
demonstrating that the capital investment will benefit subscribers, 
including providing television broadcast programming in a digital 
format.
    (2) A rate increase on account of upgrades shall not be assessed on 
customers until the upgrade is complete and providing benefits to 
customers of regulated services.
    (3) Cable operators seeking an upgrade rate increase have the burden 
of demonstrating the amount of the net increase in costs, taking into 
account current depreciation expense, likely changes in maintenance and 
other costs, changes in regulated revenues and expected economies of 
scale.
    (4) Cable operators seeking a rate increase for network upgrades 
shall allocate net cost increases in conformance with the cost 
allocation rules as set forth in Sec. 76.924.
    (5) Cable operators that undertake significant upgrades shall be 
permitted

[[Page 654]]

to increase rates by adding the benchmark/price cap rate to the rate 
increment necessary to recover the net increase in cost attributable to 
the upgrade.
    (k) Hardship rate relief. A cable operator may adjust charges by an 
amount specified by the Commission for the cable programming service 
tier or the franchising authority for the basic service tier if it is 
determined that:
    (1) Total revenues from cable operations, measured at the highest 
level of the cable operator's cable service organization, will not be 
sufficient to enable the operator to attract capital or maintain credit 
necessary to enable the operator to continue to provide cable service;
    (2) The cable operator has prudent and efficient management; and
    (3) Adjusted charges on account of hardship will not result in total 
charges for regulated cable services that are excessive in comparison to 
charges of similarly situated systems.
    (l) Cost of service showing. A cable operator that elects to 
establish a charge, or to justify an existing or changed charge for 
regulated cable service, based on a cost-of-service showing must submit 
data to the Commission or the franchising authority in accordance with 
forms established by the Commission. The cable operator must also submit 
any additional information requested by franchising authorities or the 
Commission to resolve questions in cost-of-service proceedings.
    (m) Subsequent cost of service charges. No cable operator may use a 
cost-of-service showing to justify an increase in any charge established 
on a cost-of-service basis for a period of 2 years after that rate takes 
effect, except that the Commission or the franchising authority may 
waive this prohibition upon a showing of unusual circumstances that 
would create undue hardship for a cable operator.

[58 FR 29753, May 21, 1993]

    Editorial Note: For Federal Register citations affecting Sec. 
76.922, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 76.923  Rates for equipment and installation used to receive the basic service tier.

    (a) Scope. (1) The equipment regulated under this section consists 
of all equipment in a subscriber's home, provided and maintained by the 
operator, that is used to receive the basic service tier, regardless of 
whether such equipment is additionally used to receive other tiers of 
regulated programming service and/or unregulated service. Such equipment 
shall include, but is not limited to:
    (i) Converter boxes;
    (ii) Remote control units; and
    (iii) Inside wiring.
    (2) Subscriber charges for such equipment shall not exceed charges 
based on actual costs in accordance with the requirements set forth in 
this section.
    Subscriber charges for such equipment shall not exceed charges based 
on actual costs in accordance with the requirements set forth below.
    (b) Unbundling. A cable operator shall establish rates for remote 
control units, converter boxes, other customer equipment, installation, 
and additional connections separate from rates for basic tier service. 
In addition, the rates for such equipment and installations shall be 
unbundled one from the other.
    (c) Equipment basket. A cable operator shall establish an Equipment 
Basket, which shall include all costs associated with providing customer 
equipment and installation under this section. Equipment Basket costs 
shall be limited to the direct and indirect material and labor costs of 
providing, leasing, installing, repairing, and servicing customer 
equipment, as determined in accordance with the cost accounting and cost 
allocation requirements of Sec. 76.924, except that operators do not 
have to aggregate costs in a manner consistent with the accounting 
practices of the operator on April 3, 1993. The Equipment Basket shall 
not include general administrative overhead including marketing 
expenses. The Equipment Basket shall include a reasonable profit.
    (1) Customer equipment. Costs of customer equipment included in the 
Equipment Basket may be aggregated, on a franchise, system, regional, or 
company level, into broad categories.

[[Page 655]]

Except to the extent indicated in paragraph (c)(2) of this section, such 
categorization may be made, provided that each category includes only 
equipment of the same type, regardless of the levels of functionality of 
the equipment within each such broad category. When submitting its 
equipment costs based on average charges, the cable operator must 
provide a general description of the averaging methodology employed and 
a justification that its averaging methodology produces reasonable 
equipment rates. Equipment rates should be set at the same 
organizational level at which an operator aggregates its costs.
    (2) Basic service tier only equipment. Costs of customer equipment 
used by basic-only subscribers may not be aggregated with the costs of 
equipment used by non-basic-only subscribers. Costs of customer 
equipment used by basic-only subscribers may, however, be aggregated, 
consistent with an operator's aggregation under paragraph (c)(1) of this 
section, on a franchise, system, regional, or company level. The 
prohibition against aggregation applies to subscribers, not to a 
particular type of equipment. Alternatively, operators may base its 
basic-only subscriber cost aggregation on the assumption that all basic-
only subscribers use equipment that is the lowest level and least 
expensive model of equipment offered by the operator, even if some 
basic-only subscribers actually have higher level, more expensive 
equipment.
    (3) Installation costs. Installation costs, consistent with an 
operator's aggregation under paragraph (c)(1) of this section, may be 
aggregated, on a franchise, system, regional, or company level. When 
submitting its installation costs based on average charges, the cable 
operator must provide a general description of the averaging methodology 
employed and a justification that its averaging methodology produces 
reasonable equipment rates. Installation rates should be set at the same 
organizational level at which an operator aggregates its costs.
    (d) Hourly service charge. A cable operator shall establish charges 
for equipment and installation using the Hourly Service Charge (HSC) 
methodology. The HSC shall equal the operator's annual Equipment Basket 
costs, excluding the purchase cost of customer equipment, divided by the 
total person hours involved in installing, repairing, and servicing 
customer equipment during the same period. The HSC is calculated 
according to the following formula:
[GRAPHIC] [TIFF OMITTED] TC01MR91.116

Where, EB = annual Equipment Basket Cost; CE = annual purchase cost of 
          all customer equipment; and H = person hours involved in 
          installing and repairing equipment per year. The purchase cost 
          of customer equipment shall include the cable operator's 
          invoice price plus all other costs incurred with respect to 
          the equipment until the time it is provided to the customer.

    (e) Installation charges. Installation charges shall be either:
    (1) The HSC multiplied by the actual time spent on each individual 
installation; or
    (2) The HSC multiplied by the average time spent on a specific type 
of installation.
    (f) Remote charges. Monthly charges for rental of a remote control 
unit shall consist of the average annual unit purchase cost of remotes 
leased, including acquisition price and incidental costs such as sales 
tax, financing and storage up to the time it is provided to the 
customer, added to the product of the HSC times the average number of 
hours annually repairing or servicing a remote, divided by 12 to 
determine the monthly lease rate for a remote according to the following 
formula:
[GRAPHIC] [TIFF OMITTED] TR25JN96.006

Where, HR = average hours repair per year; and UCE = average annual unit 
          cost of remote.

    (g) Other equipment charges. The monthly charge for rental of 
converter boxes and other customer equipment shall be calculated in the 
same manner as for remote control units. Separate charges may be 
established for each category of other customer equipment.

[[Page 656]]

    (h) Additional connection charges. The costs of installation and 
monthly use of additional connections shall be recovered as charges 
associated with the installation and equipment cost categories, and at 
rate levels determined by the actual cost methodology presented in the 
foregoing paragraphs (e), (f), and (g) of this section. An operator may 
recover additional programming costs and the costs of signal boosters on 
the customers premises, if any, associated with the additional 
connection as a separate monthly unbundled charge for additional 
connections.
    (i) Charges for equipment sold. A cable operator may sell customer 
premises equipment to a subscriber. The equipment price shall recover 
the operator's cost of the equipment, including costs associated with 
storing and preparing the equipment for sale up to the time it is sold 
to the customer, plus a reasonable profit. An operator may sell service 
contracts for the maintenance and repair of equipment sold to 
subscribers. The charge for a service contract shall be the HSC times 
the estimated average number of hours for maintenance and repair over 
the life of the equipment.
    (j) Promotions. A cable operator may offer equipment or installation 
at charges below those determined under paragraphs (e) through (g) of 
this section, as long as those offerings are reasonable in scope in 
relation to the operator's overall offerings in the Equipment Basket and 
not unreasonably discriminatory. Operators may not recover the cost of a 
promotional offering by increasing charges for other Equipment Basket 
elements, or by increasing programming service rates above the maximum 
monthly charge per subscriber prescribed by these rules. As part of a 
general cost-of-service showing, an operator may include the cost of 
promotions in its general system overhead costs. Equipment sales by an 
operator will be unregulated where the operator offers subscribers the 
same equipment under regulated leased rates.
    (k) Franchise fees. Equipment charges may include a properly 
allocated portion of franchise fees.
    (l) Company-wide averaging of equipment costs. For the purpose of 
developing unbundled equipment charges as required by paragraph (b) of 
this section, a cable operator may average the equipment costs of its 
small systems at any level, or several levels, within its operations. 
This company-wide averaging applies only to an operator's small systems 
as defined in Sec. 76.901(c); is permitted only for equipment charges, 
not installation charges; and may be established only for similar types 
of equipment. When submitting its equipment costs based on average 
charges to the local franchising authority or the Commission, an 
operator that elects company-wide averaging of equipment costs must 
provide a general description of the averaging methodology employed and 
a justification that its averaging methodology produces reasonable 
equipment rates. The local authority or the Commission may require the 
operator to set equipment rates based on the operator's level of 
averaging in effect on April 3, 1993, as required by Sec. 76.924(d).
    (m) Cable operators shall set charges for equipment and 
installations to recover Equipment Basket costs. Such charges shall be 
set, consistent with the level at which Equipment Basket costs are 
aggregated as provided in Sec. 76.923(c). Cable operators shall 
maintain adequate documentation to demonstrate that charges for the sale 
and lease of equipment and for installations have been developed in 
accordance with the rules set forth in this section.
    (n) Timing of filings. An operator shall file FCC Form 1205 in order 
to establish its maximum permitted rates at the following times:
    (1) When the operator sets its initial rates under either the 
benchmark system or through a cost-of-service showing;
    (2) Within 60 days of the end of its fiscal year, for an operator 
that adjusts its rates under the system described in Section 76.922(d) 
that allows it to file up to quarterly;
    (3) On the same date it files its FCC Form 1240, for an operator 
that adjusts its rates under the annual rate adjustment system described 
in Section 76.922(e). If an operator elects not to file an FCC Form 1240 
for a particular year, the operator must file a Form

[[Page 657]]

1205 on the anniversary date of its last Form 1205 filing; and
    (4) When seeking to adjust its rates to reflect the offering of new 
types of customer equipment other than in conjunction with an annual 
filing of Form 1205, 60 days before it seeks to adjust its rates to 
reflect the offering of new types of customer equipment.
    (o) Introduction of new equipment. In setting the permitted charge 
for a new type of equipment at a time other than at its annual filing, 
an operator shall only complete Schedule C and the relevant step of the 
Worksheet for Calculating Permitted Equipment and Installation Charges 
of a Form 1205. The operator shall rely on entries from its most 
recently filed FCC Form 1205 for information not specifically related to 
the new equipment, including but not limited to the Hourly Service 
Charge. In calculating the annual maintenance and service hours for the 
new equipment, the operator should base its entry on the average annual 
expected time required to maintain the unit, i.e., expected service 
hours required over the life of the equipment unit being introduced 
divided by the equipment unit's expected life.

[58 FR 29753, May 21, 1993, as amended at 59 FR 17960, 17973, Apr. 15, 
1994; 60 FR 52118, Oct. 5, 1995; 61 FR 32709, June 25, 1996; 83 FR 
60776, Nov. 27, 2018]



Sec. 76.924  Allocation to service cost categories.

    (a) Applicability. The requirements of this section are applicable 
to cable operators for which the basic service tier is regulated by 
local franchising authorities or the Commission, or, with respect to a 
cable programming services tier, for which a complaint has been filed 
with the Commission. The requirements of this section are applicable for 
purposes of rate adjustments on account of external costs and for cost-
of-service showings.
    (b) Accounting requirements. Cable operators electing cost-of-
service regulation or seeking rate adjustments due to changes in 
external costs shall maintain their accounts:
    (1) in accordance with generally accepted accounting principles; and
    (2) in a manner that will enable identification of appropriate 
investments, revenues, and expenses.
    (c) Accounts level. Except to the extent indicated below, cable 
operators electing cost of service regulation or seeking adjustments due 
to changes in external costs shall identify investments, expenses and 
revenues at the franchise, system, regional, and/or company level(s) in 
a manner consistent with the accounting practices of the operator on 
April 3, 1993. However, in all events, cable operators shall identify at 
the franchise level their costs of franchise requirements, franchise 
fees, local taxes and local programming.
    (d) Summary accounts. (1) Cable operators filing for cost-of-service 
regulation, other than small systems owned by small cable companies, 
shall report all investments, expenses, and revenue and income 
adjustments accounted for at the franchise, system, regional and/or 
company level(s) to the summary accounts listed below.

                                Ratebase

Net Working Capital
Headend
Trunk and Distribution Facilities
Drops
Customer Premises Equipment
Construction/Maintenance Facilities and Equipment
Programming Production Facilities and Equipment
Business Offices Facilities and Equipment
Other Tangible Assets
Accumulated Depreciation
Plant Under Construction
Organization and Franchise Costs
Subscriber Lists
Capitalized Start-up Losses
Goodwill
Other Intangibles
Accumulated Amortization
Deferred Taxes

                           Operating Expenses

Cable Plant Employee Payroll
Cable Plant Power Expense
Pole Rental, Duct, Other Rental for Cable Plant
Cable Plant Depreciation Expense
Cable Plant Expenses--Other
Plant Support Employee Payroll Expense
Plant Support Depreciation Expense
Plant Support Expense--Other
Programming Activities Employee Payroll
Programming Acquisition Expense

[[Page 658]]

Programming Activities Depreciation Expense
Programming Expense--Other
Customer Services Expense
Advertising Activities Expense
Management Fees
General and Administrative Expenses
Selling General and Administrative Depreciation Expenses
Selling General and Administrative Expenses--Other
Amortization Expense--Franchise and Organizational Costs
Amortization Expense--Customer Lists
Amortization Expense--Capitalized Start-up Loss
Amortization Expense--Goodwill
Amortization Expense--Other Intangibles
Operating Taxes
Other Expenses (Excluding Franchise Fees)
Franchise Fees
Interest on Funded Debt
Interest on Capital Leases
Other Interest Expenses

                     Revenue and Income Adjustments

Advertising Revenues
Other Cable Revenue Offsets
Gains and Losses on Sale of Assets
Extraordinary Items
Other Adjustments

    (2) Except as provided in Sec. 76.934(h), small systems owned by 
small cable companies that file for cost-of-service regulation shall 
report all investments, expenses, and revenue and income adjustments 
accounted for at the franchise, system, regional and/or company level(s) 
to the following summary accounts:

                                Ratebase

Net Working Capital
Headend, Trunk and Distribution System and Support Facilities and 
Equipment
Drops
Customer Premises Equipment
Production and Office Facilities, Furniture and Equipment
Other Tangible Assets
Accumulated Depreciation
Plant Under Construction
Goodwill
Other Intangibles
Accumulated Amortization
Deferred Taxes

                           Operating Expenses

Cable Plant Maintenance, Support and Operations Expense
Programming Production and Acquisition Expense
Customer Services Expense
Advertising Activities Expense
Management Fees
Selling, General and Administrative Expenses
Depreciation Expense
Amortization Expense--Goodwill
Amortization Expense--Other Intangibles
Other Operating Expense (Excluding Franchise Fees)
Franchise Fees
Interest Expense

                     Revenue and Income Adjustments

Advertising Revenues
Other Cable Revenue Offsets
Gains and Losses on Sale of Assets
Extraordinary Items
Other Adjustments

    (e) Allocation to service cost categories. (1) For cable operators 
electing cost-of-service regulation, investments, expenses, and revenues 
contained in the summary accounts identified in paragraph (d) of this 
section shall be allocated among the Equipment Basket, as specified in 
Sec. 76.923, and the following service cost categories:
    (i) Basic service cost category. The basic service category, shall 
include the cost of providing basic service as defined by Sec. 
76.901(a). The basic service cost category may only include allowable 
costs as defined by Sec. Sec. 76.922(g) through 76.922(k).
    (ii) Cable programming services cost category. The cable programming 
services category shall include the cost of providing cable programming 
services as defined by Sec. 76.901(b). This service cost category shall 
contain subcategories that represent each programming tier that is 
offered as a part of the operator's cable programming services. All 
costs that are allocated to the cable programming service cost cateogry 
shall be further allocated among the programming tiers in this category. 
The cable programming service cost category may include only allowable 
costs as defined in Sec. 76.922(g) through 76.922(k).
    (iii) All other services cost category. The all other services cost 
category shall include the costs of providing all other services that 
are not included the basic service or a cable programming services cost 
categories as defined in paragraphs (e)(1)(i) and (ii) of this section.
    (2) Cable operators seeking an adjustment due to changes in external 
costs

[[Page 659]]

identified in FCC Form 1210 shall allocate such costs among the 
equipment basket, as specified in Sec. 76.923, and the following 
service cost categories:
    (i) The basic service category as defined by paragraph (e)(1)(i) of 
this section;
    (ii) The cable programming services category as defined by paragraph 
(e)(1)(ii) of this section;
    (iii) The all other services cost category as defined by paragraph 
(e)(1)(iii) of this section.
    (f) Cost allocation requirements. (1) Allocations of investments, 
expenses and revenues among the service cost categories and the 
equipment basket shall be made at the organizational level in which such 
costs and revenues have been identified for accounting purposes pursuant 
to Sec. 76.924(c).
    (2) Costs of programming and retransmission consent fees shall be 
directly assigned or allocated only to the service cost category in 
which the programming or broadcast signal at issue is offered.
    (3) Costs of franchise fees shall be allocated among the equipment 
basket and the service cost categories in a manner that is most 
consistent with the methodology of assessment of franchise fees by local 
authorities.
    (4) Costs of public, educational, and governmental access channels 
carried on the basic tier shall be directly assigned to the basic tier 
where possible.
    (5) Commission cable television system regulatory fees imposed 
pursuant to 47 U.S.C. 159 shall be directly assigned to the basic 
service tier.
    (6) All other costs that are incurred exclusively to support the 
equipment basket or a specific service cost category shall be directly 
assigned to that service cost category or the equipment basket where 
possible.
    (7) Costs that are not directly assigned shall be allocated to the 
service cost categories in accordance with the following allocation 
procedures:
    (i) Wherever possible, common costs for which no allocator has been 
specified by the Commission are to be allocated among the service cost 
categories and the equipment basket based on direct analysis of the 
origin of the costs.
    (ii) Where allocation based on direct analysis is not possible, 
common costs for which no allocator has been specified by the Commission 
shall, if possible, be allocated among the service costs categories and 
the equipment basket based on indirect, cost-causative linkage to other 
costs directly assigned or allocated to the service cost categories and 
the equipment basket.
    (iii) Where neither direct nor indirect measures of cost allocation 
can be found, common costs shall be allocated to each service cost 
category based on the ratio of all other costs directly assigned and 
attributed to a service cost category over total costs directly or 
indirectly assigned and directly or indirectly attributable.
    (g) Cost identification at the franchise level. After costs have 
been directly assigned to and allocated among the service cost 
categories and the equipment basket, cable operators that have 
aggregated costs at a higher level than the franchise level must 
identify all applicable costs at the franchise level in the following 
manner:
    (1) Recoverable costs that have been identified at the highest 
organizational level at which costs have been identified shall be 
allocated to the next (lower) organizational level at which recoverable 
costs have been identified on the basis of the ratio of the total number 
of subscribers served at the lower level to the total number of 
subscribers served at the higher level.
    (2) Cable operators shall repeat the procedure specified in 
paragraph (g)(1) of this section at every organizational level at which 
recoverable costs have been identified until such costs have been 
allocated to the franchise level.
    (h) Part-time channels. In situations where a single channel is 
divided on a part-time basis and is used to deliver service associated 
with different tiers or with pay per channel or pay per view service, a 
reasonable and documented allocation of that channel between services 
shall be required along with the associated revenues and costs.
    (i) Transactions and affiliates. Adjustments on account of external 
costs and rates set on a cost-of-service basis shall exclude any amounts 
not calculated in accordance with the following:

[[Page 660]]

    (1) Charges for assets purchased by or transferred to the regulated 
activity of a cable operator from affiliates shall equal the invoice 
price if that price is determined by a prevailing company price. The 
invoice price is the prevailing company price if the affiliate has sold 
a substantial number of like assets to nonaffiliates. If a prevailing 
company price for the assets received by the regulated activity is not 
available, the changes for such assets shall be the lower of their cost 
to the originating activity of the affiliated group less all applicable 
valuation reserves, or their fair market value.
    (2) The proceeds from assets sold or transferred from the regulated 
activity of the cable operator to affiliates shall equal the prevailing 
company price if the cable operator has sold a substantial number of 
like assets to nonaffiliates. If a prevailing company price is not 
available, the proceeds from such sales shall be determined at the 
higher of cost less all applicable valuation reserves, or estimated fair 
market value of the asset.
    (3) Charges for services provided to the regulated activity of a 
cable operator by an affiliate shall equal the invoice price if that 
price is determined by a prevailing company price. The invoice price is 
the prevailing company price if the affiliate has sold like services to 
a substantial number of nonaffiliates. If a prevailing company price for 
the services received by the regulated activity is not available, the 
charges of such services shall be at cost.
    (4) The proceeds from services sold or transferred from the 
regulated activity of the cable operator to affiliates shall equal the 
prevailing company price if the cable operator has sold like services to 
a substantial number of nonaffiliates. If a prevailing company price is 
not available, the proceeds from such sales shall be determined at cost.
    (5) For purposes of Sec. 76.924(i)(1) through 76.924(i)(4), costs 
shall be determined in accordance with the standards and procedures 
specified in Sec. 76.922 and paragraphs (b) and (d) of this section.
    (6) For purposes of this section, entities are affiliated if either 
entity has an attributable interest in the other or if a third party has 
an attributable interest in both entities.
    (7) Attributable interest shall be defined by reference to the 
criteria set forth in Notes 1 through 5 to Sec. 76.501 provided, 
however, that:
    (i) The limited partner and LLC/LLP/RLLP insulation provisions of 
Note 2(f) shall not apply; and
    (ii) The provisions of Note 2(a) regarding five (5) percent 
interests shall include all voting or nonvoting stock or limited 
partnership equity interests of five (5) percent or more.
    (j) Unrelated expenses and revenues. Cable operators shall exclude 
from cost categories used to develop rates for the provision of 
regulated cable service, equipment, and leased commercial access, any 
direct or indirect expenses and revenues not related to the provision of 
such services. Common costs of providing regulated cable service, 
equipment, and leased commercial access and unrelated activities shall 
be allocated between them in accordance with paragraph (f) of this 
section.

[58 FR 29753, May 21, 1993, as amended at 59 FR 17990, Apr. 15, 1994; 59 
FR 53115, Oct. 21, 1994; 60 FR 35865, July 12, 1995; 61 FR 9367, Mar. 8, 
1996; 64 FR 67197, Dec. 1, 1999]



Sec. 76.925  Costs of franchise requirements.

    (a) Franchise requirement costs may include cost increases required 
by the franchising authority in the following categories:
    (1) Costs of providing PEG access channels;
    (2) Costs of PEG access programming;
    (3) Costs of technical and customer service standards to the extent 
that they exceed federal standards;
    (4) Costs of institutional networks and the provision of video 
services, voice transmissions and data transmissions to or from 
governmental institutions and educational institutions, including 
private schools, to the extent such services are required by the 
franchise agreement; and
    (5) When the operator is not already in the process of upgrading the 
system, costs of removing cable from utility poles and placing the same 
cable underground.

[[Page 661]]

    (b) The costs of satisfying franchise requirements to support 
public, educational, and governmental channels shall consist of the sum 
of:
    (1) All per channel costs for the number of channels used to meet 
franchise requirements for public, educational, and governmental 
channels;
    (2) Any direct costs of meeting such franchise requirements; and
    (3) A reasonable allocation of general and administrative overhead.
    (c) The costs of satisfying any requirements under the franchise 
other than PEG access costs shall consist of the direct and indirect 
costs including a reasonable allocation of general and administrative 
overhead.

[58 FR 29753, May 21, 1993, as amended at 60 FR 52119, Oct. 5, 1995]



Sec. 76.930  Initiation of review of basic cable service and equipment rates.

    A cable operator shall file its schedule of rates for the basic 
service tier and associated equipment with a franchising authority 
within 30 days of receiving written notification from the franchising 
authority that the franchising authority has been certified by the 
Commission to regulate rates for the basic service tier. Basic service 
and equipment rate schedule filings for existing rates or proposed rate 
increases (including increases in the baseline channel change that 
results from reductions in the number of channels in a tier) must use 
the appropriate official FCC form, a copy thereof, or a copy generated 
by FCC software. Failure to file on the official FCC form, a copy 
thereof, or a copy generated by FCC software, may result in the 
imposition of sanctions specified in Sec. 76.937(d). A cable operator 
shall include rate cards and channel line-ups with its filing and 
include an explanation of any discrepancy in the figures provided in 
these documents and its rate filing.

[59 FR 17973, Apr. 15, 1994]



Sec. 76.933  Franchising authority review of basic cable rates and equipment costs.

    (a) After a cable operator has submitted for review its existing 
rates for the basic service tier and associated equipment costs, or a 
proposed increase in these rates (including increases in the baseline 
channel change that results from reductions in the number of channels in 
a tier) under the quarterly rate adjustment system pursuant to Section 
76.922(d), the existing rates will remain in effect or the proposed 
rates will become effective after 30 days from the date of submission; 
Provided, however, that the franchising authority may toll this 30-day 
deadline for an additional time by issuing a brief written order as 
described in paragraph (b) within 30 days of the rate submission 
explaining that it needs additional time to review the rates.
    (b) If the franchising authority is unable to determine, based upon 
the material submitted by the cable operator, that the existing, or 
proposed rates under the quarterly adjustment system pursuant to Section 
76.922(d), are within the Commission's permitted basic service tier 
charge or actual cost of equipment as defined in Sec. Sec. 76.922 and 
76.923, or if a cable operator has submitted a cost-of-service showing 
pursuant Sec. Sec. 76.937(c) and 76.924, seeking to justify a rate 
above the Commission's basic service tier charge as defined in 
Sec. Sec. 76.922 and 76.923, the franchising authority may toll the 30-
day deadline in paragraph (a) of this section to request and/or consider 
additional information or to consider the comments from interested 
parties as follows:
    (1) For an additional 90 days in cases not involving cost-of-service 
showings; or
    (2) For an additional 150 days in cases involving cost-of-service 
showings.
    (c) If a franchising authority has availed itself of the additional 
90 or 150 days permitted in paragraph (b) of this section, and has taken 
no action within these additional time periods, then the proposed rates 
will go into effect at the end of the 90 or 150 day periods, or existing 
rates will remain in effect at such times, subject to refunds if the 
franchising authority subsequently issues a written decision 
disapproving any portion of such rates: Provided, however, That in order 
to order refunds, a franchising authority must have issued a brief 
written order to the cable operator by the end of the 90 or 150-day 
period permitted in paragraph (b) of this section directing the operator 
to

[[Page 662]]

keep an accurate account of all amounts received by reason of the rate 
in issue and on whose behalf such amounts were paid.
    (d) A franchising authority may request, pursuant to a petition for 
special relief under Sec. 76.7, that the Commission examine a cable 
operator's cost-of-service showing, submitted to the franchising 
authority as justification of basic tier rates, within 30 days of 
receipt of a cost-of-service showing. In its petition, the franchising 
authority shall document its reasons for seeking Commission assistance. 
The franchising authority shall issue an order stating that it is 
seeking Commission assistance and serve a copy before the 30-day 
deadline on the cable operator submitting the cost showing. The cable 
operator shall deliver a copy of the cost showing, together with all 
relevant attachments, to the Commission within 15 days of receipt of the 
local authority's notice to seek Commission assistance. The Commission 
shall notify the local franchising authority and the cable operator of 
its ruling and of the basic tier rate, as established by the Commission. 
The rate shall take effect upon implementation by the franchising 
authority of such ruling and refund liability shall be governed thereon. 
The Commission's ruling shall be binding on the franchising authority 
and the cable operator. A cable operator or franchising authority may 
seek reconsideration of the ruling pursuant to Sec. 1.106(a)(1) of this 
chapter or review by the Commission pursuant to Sec. 1.115(a) of this 
chapter.
    (e) Notwithstanding paragraphs (a) through (d) of this section, when 
the franchising authority is regulating basic service tier rates, a 
cable operator that sets its rates pursuant to the quarterly rate 
adjustment system pursuant to Sec. 76.922(d) may increase its rates for 
basic service to reflect the imposition of, or increase in, franchise 
fees or Commission cable television system regulatory fees imposed 
pursuant to 47 U.S.C. 159. For the purposes of paragraphs (a) through 
(c) of this section, the increased rate attributable to Commission 
regulatory fees or franchise fees shall be treated as an ``existing 
rate'', subject to subsequent review and refund if the franchising 
authority determines that the increase in basic tier rates exceeds the 
increase in regulatory fees or in franchise fees allocable to the basic 
tier. This determination shall be appealable to the Commission pursuant 
to Sec. 76.944. When the Commission is regulating basic service tier 
rates pursuant to Sec. 76.945 or cable programming service rates 
pursuant to Sec. 76.960, an increase in those rates resulting from 
franchise fees or Commission regulatory fees shall be reviewed by the 
Commission pursuant to the mechanisms set forth in Sec. 76.945. A cable 
operator must adjust its rates to reflect decreases in franchise fees or 
Commission regulatory fees within the periods set forth in Sec. 
76.922(d)(3)(i),(iii).
    (f) For an operator that sets its rates pursuant to the quarterly 
rate adjustment system pursuant to Section 76.922(d), cable television 
system regulatory fees assessed by the Commission pursuant to 47 U.S.C. 
Sec. 159 shall be recovered in monthly installments during the fiscal 
year following the year for which the payment was imposed. Payments 
shall be collected in equal monthly installments, except that for so 
many months as may be necessary to avoid fractional payments, an 
additional $0.01 payment per month may be collected. All such additional 
payments shall be collected in the last month or months of the fiscal 
year, so that once collections of such payments begin there shall be no 
month remaining in the year in which the operator is not entitled to 
such an additional payment. Operators may not assess interest. Operators 
may provide notice of the entire fiscal year's regulatory fee pass-
through in a single notice.
    (g) A cable operator that submits for review a proposed change in 
its existing rates for the basic service tier and associated equipment 
costs using the annual filing system pursuant to Section 76.922(e) shall 
do so no later than 90 days from the effective date of the proposed 
rates. The franchising authority will have 90 days from the date of the 
filing to review it. However, if the franchising authority or its 
designee concludes that the operator has submitted a facially incomplete 
filing, the franchising authority's deadline for issuing a decision, the 
date on which rates may go into effect if no decision

[[Page 663]]

is issued, and the period for which refunds are payable will be tolled 
while the franchising authority is waiting for this information, 
provided that, in order to toll these effective dates, the franchising 
authority or its designee must notify the operator of the incomplete 
filing within 45 days of the date the filing is made.
    (1) If there is a material change in an operator's circumstances 
during the 90-day review period and the change affects the operator's 
rate change filing, the operator may file an amendment to its Form 1240 
prior to the end of the 90-day review period. If the operator files such 
an amendment, the franchising authority will have at least 30 days to 
review the filing. Therefore, if the amendment is filed more than 60 
days after the operator made its initial filing, the operator's proposed 
rate change may not go into effect any earlier than 30 days after the 
filing of its amendment. However, if the operator files its amended 
application on or prior to the sixtieth day of the 90-day review period, 
the operator may implement its proposed rate adjustment, as modified by 
the amendment, 90 days after its initial filing.
    (2) If a franchising authority has taken no action within the 90-day 
review period, then the proposed rates may go into effect at the end of 
the review period, subject to a prospective rate reduction and refund if 
the franchising authority subsequently issues a written decision 
disapproving any portion of such rates, provided, however, that in order 
to order a prospective rate reduction and refund, if an operator 
inquires as to whether the franchising authority intends to issue a rate 
order after the initial review period, the franchising authority or its 
designee must notify the operator of its intent in this regard within 15 
days of the operator's inquiry. If a proposed rate goes into effect 
before the franchising authority issues its rate order, the franchising 
authority will have 12 months from the date the operator filed for the 
rate adjustment to issue its rate order. In the event that the 
franchising authority does not act within this 12-month period, it may 
not at a later date order a refund or a prospective rate reduction with 
respect to the rate filing.
    (3) At the time an operator files its rates with the franchising 
authority, the operator may give customers notice of the proposed rate 
changes. Such notice should state that the proposed rate change is 
subject to approval by the franchising authority. If the operator is 
only permitted a smaller increase than was provided for in the notice, 
the operator must provide an explanation to subscribers on the bill in 
which the rate adjustment is implemented. If the operator is not 
permitted to implement any of the rate increase that was provided for in 
the notice, the operator must provide an explanation to subscribers 
within 60 days of the date of the franchising authority's decision. 
Additional advance notice is only required in the unlikely event that 
the rate exceeds the previously noticed rate.
    (4) If an operator files for a rate adjustment under Section 
76.922(e)(2)(iii)(B) for the addition of required channels to the basic 
service tier that the operator is required by federal or local law to 
carry, or, if a single-tier operator files for a rate adjustment based 
on a mid-year channel addition allowed under Section 
76.922(e)(2)(iii)(C), the franchising authority has 60 days to review 
the requested rate. The proposed rate shall take effect at the end of 
this 60-day period unless the franchising authority rejects the proposed 
rate as unreasonable. In order to order refunds and prospective rate 
reductions, the franchising authority shall be subject to the 
requirements described in paragraph (g)(1) of this section.
    (5) Notwithstanding paragraphs (a) through (f) of this section, when 
the franchising authority is regulating basic service tier rates, a 
cable operator may increase its rates for basic service to reflect the 
imposition of, or increase in, franchise fees. The increased rate 
attributable to Commission regulatory fees or franchise fees shall be 
subject to subsequent review and refund if the franchising authority 
determines that the increase in basic

[[Page 664]]

tier rates exceeds the increase in regulatory fees or in franchise fees 
allocable to the basic tier. This determination shall be appealable to 
the Commission pursuant to Sec. 76.944. When the Commission is 
regulating basic service tier rates pursuant to Sec. 76.945 or cable 
programming service rates pursuant to Sec. 76.960, an increase in those 
rates resulting from franchise fees or Commission regulatory fees shall 
be reviewed by the Commission pursuant to the mechanisms set forth in 
Sec. 76.945.
    (h) If an operator files an FCC Form 1205 for the purpose of setting 
the rate for a new type of equipment under Section 76.923(o), the 
franchising authority has 60 days to review the requested rate. The 
proposed rate shall take effect at the end of this 60-day period unless 
the franchising authority rejects the proposed rate as unreasonable.
    (1) If the operator's most recent rate filing was based on the 
system that enables them to file up to once per quarter found at Section 
76.922(d), the franchising authority must issue an accounting order 
before the end of the 60-day period in order to order refunds and 
prospective rate reductions.
    (2) If the operator's most recent rate filing was based on the 
annual rate system at Section 76.922(e), in order to order refunds and 
prospective rate reductions, the franchising authority shall be subject 
to the requirements described in paragraph (g)(1) of this section.

[58 FR 29753, May 21, 1993, as amended at 59 FR 17973, Apr. 15, 1994; 59 
FR 53115, Oct. 21, 1994; 60 FR 52119, Oct. 5, 1995; 61 FR 18978, Apr. 
30, 1996]



Sec. 76.934  Small systems and small cable companies.

    (a) For purposes of rules governing the reasonableness of rates 
charged by small systems, the size of a system or company shall be 
determined by reference to its size as of the date the system files with 
its franchising authority or the Commission the documentation necessary 
to qualify for the relief sought or, at the option of the company, by 
reference to system or company size as of the effective date of this 
paragraph. Where relief is dependent upon the size of both the system 
and the company, the operator must measure the size of both the system 
and the company as of the same date. A small system shall be considered 
affiliated with a cable company if the company holds a 20 percent or 
greater equity interest in the system or exercises de jure control over 
the system.
    (b) A franchising authority that has been certified, pursuant to 
Sec. 76.910, to regulate rates for basic service and associated 
equipment may permit a small system as defined in Sec. 76.901 to 
certify that the small system's rates for basic service and associated 
equipment comply with Sec. 76.922, the Commission's substantive rate 
regulations.
    (c) Initial regulation of small systems:
    (1) If certified by the Commission, a local franchising authority 
may provide an initial notice of regulation to a small system, as 
defined by Sec. 76.901(c), on May 15, 1994. Any initial notice of 
regulation issued by a certified local franchising authority prior to 
May 15, 1994 shall be considered as having been issued on May 15, 1994.
    (2) The Commission will accept complaints concerning the rates for 
cable programming service tiers provided by small systems on or after 
May 15, 1994. Any complaints filed with the Commission about the rates 
for a cable programming service tier provided by a small system prior to 
May 15, 1994 shall be considered as having been filed on May 15, 1994.
    (3) A small system that receives an initial notice of regulation 
from its local franchising authority, or a complaint filed with the 
Commission for its cable programming service tier, must respond within 
the time periods prescribed in Sec. Sec. 76.930 and 76.956.
    (d) Statutory period for filing initial complaint: A complaint 
concerning a rate for cable programming service or associated equipment 
provided by a small system that was in effect on May 15, 1994 must be 
filed within 180 days from May 15, 1994.
    (e) Petitions for extension of time: Small systems may obtain an 
extension of time to establish compliance with rate regulations provided 
they can demonstrate that timely compliance would result in severe 
economic hardship. Requests for extension of time should be addressed to 
the local

[[Page 665]]

franchising authority concerning basic service and equipment rates and 
to the Commission concerning rates for a cable programming service tier 
and associated equipment. The filing of a request for an extension of 
time to comply with the rate regulations will not toll the effective 
date of rate regulation for small systems or alter refund liability for 
rates that exceed permitted levels after May 15, 1994.
    (f) Small Systems Owned by Small Cable Companies. Small systems 
owned by small cable companies shall have 90 days from their initial 
date of regulation on a tier to bring their rates for that tier into 
compliance with the requirements of Sections 76.922 and 76.923. Such 
systems shall have sixty days from the initial date of regulation to 
file FCC Forms 1200, 1205, 1210, 1211, 1215, 1220, 1225, 1230, and 1240 
and any similar forms as appropriate. Rates established during the 90-
day period shall not be subject to prior approval by franchising 
authorities or the Commission, but shall be subject to refund pursuant 
to sections 76.942 and 76.961.
    (g) Alternative rate regulation agreements:
    (1) Local franchising authorities, certified pursuant to Sec. 
76.910, and small systems owned by small cable companies may enter into 
alternative rate regulation agreements affecting the basic service tier 
and the cable programming service tier.
    (i) Small systems must file with the Commission a copy of the 
operative alternative rate regulation agreement within 30 days after its 
effective date.
    (ii) [Reserved]
    (2) Alternative rate regulation agreements affecting the cable 
programming service tier shall take into account, among other factors, 
the following:
    (i) The rates for similarly situated cable systems offering 
comparable cable programming services, taking into account similarities 
in facilities, regulatory and governmental costs, the number of 
subscribers, and other relevant factors;
    (ii) The rates for cable systems, if any, that are subject to 
effective competition;
    (iii) The history of the rates for cable programming services of the 
system, including the relationship of such rates to changes in general 
consumer prices;
    (iv) The rates, as a whole, for all the cable programming, cable 
equipment, and cable services provided by the system, other than 
programming provided on a per channel or per program basis;
    (v) Capital and operating costs of the cable system, including the 
quality and costs of the customer service provided by the cable system; 
and
    (vi) The revenues received by a cable operator from advertising from 
programming that is carried as part of the service for which a rate is 
being established, and changes in such revenues, or from other 
considerations obtained in connection with the cable programming 
services concerned. The rate agreed to in such an alternative rate 
regulation agreement shall be deemed to be a reasonable rate.
    (3) Certified local franchising authorities shall provide a 
reasonable opportunity for consideration of the views of interested 
parties prior to finally entering into an alternative rate regulation 
agreement.
    (4) A basic service rate decision by a certified local franchising 
authority made pursuant to an alternative rate regulation agreement may 
be appealed by an interested party to the Commission pursuant to Sec. 
76.944 as if the decision were made according to Sec. Sec. 76.922 and 
76.923.

    Note to paragraph (g) of Sec. 76.934: Small systems owned by small 
cable companies must comply with the alternative rate agreement filing 
requirements of Sec. 76.1805.

    (h) Small system cost-of-service showings:
    (1) At any time, a small system owned by a small cable company may 
establish new rates, or justify existing rates, for regulated program 
services in accordance with the small cable company cost-of-service 
methodology described below.
    (2) The maximum annual per subscriber rate permitted initially by 
the small cable company cost-of-service methodology shall be calculated 
by adding
    (i) The system's annual operating expenses to
    (ii) The product of its net rate base and its rate of return, and 
then dividing that sum by (iii) the product of

[[Page 666]]

    (A) The total number of channels carried on the system's basic and 
cable programming service tiers and
    (B) The number of subscribers. The annual rate so calculated must 
then be divided by 12 to arrive at a monthly rate.
    (3) The system shall calculate its maximum permitted rate as 
described in paragraph (b) of this section by completing Form 1230. The 
system shall file Form 1230 as follows:
    (i) Where the franchising authority has been certified by the 
Commission to regulate the system's basic service tier rates, the system 
shall file Form 1230 with the franchising authority.
    (ii) Where the Commission is regulating the system's basic service 
tier rates, the system shall file Form 1230 with the Commission.
    (iii) Where a complaint about the system's cable programming service 
rates is filed with the Commission, the system shall file Form 1230 with 
the Commission.
    (4) In completing Form 1230:
    (i) The annual operating expenses reported by the system shall equal 
the system's operating expenses allocable to its basic and cable 
programming service tiers for the most recent 12 month period for which 
the system has the relevant data readily available, adjusted for known 
and measurable changes occurring between the end of the 12 month period 
and the effective date of the rate. Expenses shall include all regular 
expenses normally incurred by a cable operator in the provision of 
regulated cable service, but shall not include any lobbying expense, 
charitable contributions, penalties and fines paid one account of 
statutes or rules, or membership fees in social service, recreational or 
athletic clubs or associations.
    (ii) The net rate base of a system is the value of all of the 
system's assets, less depreciation.
    (iii) The rate of return claimed by the system shall reflect the 
operator's actual cost of debt, its cost of equity, or an assumed cost 
of equity, and its capital structure, or an assumed capital structure.
    (iv) The number of subscribers reported by the system shall be 
calculated according to the most recent reliable data maintained by the 
system.
    (v) The number of channels reported by the system shall be the 
number of channels it has on its basic and cable programming service 
tiers on the day it files Form 1230.
    (vi) In establishing its operating expenses, net rate base, and 
reasonable rate of return, a system may rely on previously existing 
information such as tax forms or company financial statements, rather 
than create or recreate financial calculations. To the extent existing 
information is incomplete or otherwise insufficient to make exact 
calculations, the system may establish its operating expenses, net rate 
base, and reasonable rate of return on the basis of reasonable, good 
faith estimates.
    (5) After the system files Form 1230, review by the franchising 
authority, or the Commission when appropriate, shall be governed by 
Sec. 76.933, subject to the following conditions.
    (i) If the maximum rate established on Form 1230 does not exceed 
$1.24 per channel, the rate shall be rebuttably presumed reasonable. To 
disallow such a rate, the franchising authority shall bear the burden of 
showing that the operator did not reasonably interpret and allocate its 
cost and expense data in deriving its annual operating expenses, its net 
rate base, and a reasonable rate of return. If the maximum rate 
established on Form 1230 exceeds $1.24 per channel, the franchising 
authority shall bear such burden only if the rate that the cable 
operator actually seeks to charge does not exceed $1.24 per channel.
    (ii) In the course of reviewing Form 1230, a franchising authority 
shall be permitted to obtain from the cable operator the information 
necessary for judging the validity of methods used for calculating its 
operating costs, rate base, and rate of return. If the maximum rate 
established in Form 1230 does not exceed $1.24 per channel, any request 
for information by the franchising authority shall be limited to 
existing relevant documents or other data compilations and should not 
require the operator to create documents, although the operator should

[[Page 667]]

replicate responsive documents that are missing or destroyed.
    (iii) A system may file with the Media Bureau an interlocutory 
appeal from any decision by the franchising authority requesting 
information from the system or tolling the effective date of a system's 
proposed rates. The appeal may be made by an informal letter to the 
Chief of the Media Bureau, served on the franchising authority. The 
franchising authority must respond within seven days of its receipt of 
the appeal and shall serve the operator with its response. The operator 
shall have four days from its receipt of the response in which to file a 
reply, if desired. If the maximum rate established on Form 1230 does not 
exceed $1.24 per channel, the burden shall be on the franchising 
authority to show the reasonableness of its order. If the maximum rate 
established on Form 1230 exceeds $1.24 per channel, the burden shall be 
on the operator to show the unreasonableness of the order.
    (iv) In reviewing Form 1230 and issuing a decision, the franchising 
authority shall determine the reasonableness of the maximum rate 
permitted by the form, not simply the rate which the operator intends to 
establish.
    (v) A final decision of the franchising authority with respect to 
the requested rate shall be subject to appeal pursuant to Sec. 76.944. 
The filing of an appeal shall stay the effectiveness of the final 
decision pending the disposition of the appeal by the Commission. An 
operator may bifurcate its appeal of a final rate decision by initially 
limiting the scope of the appeal to the reasonableness of any request 
for information made by the franchising authority. The operator may 
defer addressing the substantive rate-setting decision of the 
franchising authority until after the Commission has ruled on the 
reasonableness of the request for information. At its option, the 
operator may forego the bifurcated appeal and address both the request 
for documentation and the substantive rate-setting decision in a single 
appeal. When filing an appeal from a final rate-setting decision by the 
franchising authority, the operator may raise as an issue the scope of 
the request for information only if that request was not approved by the 
Commission on a previous interlocutory appeal by the operator.
    (6) Complaints concerning the rates charged for a cable programming 
services tier by a system that has elected the small cable company cost-
of-service methodology may be filed pursuant to Sec. 76.957. Upon 
receipt of a complaint, the Commission shall review the system's rates 
in accordance with the standards set forth above with respect to basic 
tier rates.
    (7) Unless otherwise ordered by the franchising authority or the 
Commission, the system may establish its per channel rate at any level 
that does not exceed the maximum rate permitted by Form 1230, provided 
that the system has given the required written notice to subscribers. If 
the system establishes its per channel rate at a level that is less than 
the maximum amount permitted by the form, it may increase rates at any 
time thereafter to the maximum amount upon providing the required 
written notice to subscribers.
    (8) After determining the maximum rate permitted by Form 1230, the 
system may adjust that rate in accordance with this paragraph. Electing 
to adjust rates pursuant to one of the options set forth below shall not 
prohibit the system from electing a different option when adjusting 
rates thereafter. The system may adjust its maximum permitted rate 
without adjusting the actual rate it charges subscribers.
    (i) The system may adjust its maximum permitted rate in accordance 
with the price cap requirements set forth in Sec. 76.922(d).
    (ii) The system may adjust its maximum permitted rate in accordance 
with the requirements set forth in Sec. 76.922(e) for changes in the 
number of channels on regulated tiers. For any system that files Form 
1230, no rate adjustments made prior to the effective date of this rule 
shall be charged against the system's Operator's Cap and License Reserve 
Fee described in Sec. 76.922(e)(3).
    (iii) The system may adjust its maximum permitted rate by filing a 
new Form 1230 that permits a higher rate.
    (iv) The system may adjust its maximum permitted rate by complying 
with any of the options set forth in Sec. 76.922(b)(1) for which it 
qualifies or

[[Page 668]]

under an alternative rate agreement as provided in paragraph (g) of this 
section.
    (9) In any rate proceeding before a franchising authority in which a 
final decision had not been issued as of June 5, 1995, a small system 
owned by a small cable company may elect the form of rate regulation set 
forth in this section to justify the rates that are the subject of the 
proceeding, if the system and affiliated company were a small system and 
small company respectively as of the June 5, 1995 and as of the period 
during which the disputed rates were in effect. However, the validity of 
a final rate decision made by a franchising authority before June 5, 
1995 is not affected.
    (10) In any proceeding before the Commission involving a cable 
programming services tier complaint in which a final decision had not 
been issued as of June 5, 1995, a small system owned by a small cable 
company may elect the form of rate regulation set forth in this section 
to justify rates charged prior to the adoption of this rule and to 
establish new rates. For purposes of this paragraph, a decision shall 
not be deemed final until the operator has exhausted or is time-barred 
from pursuing any avenue of appeal, review, or reconsideration.
    (11) A system that is eligible to establish its rates in accordance 
with the small system cost-of-service approach shall remain eligible for 
so long as the system serves no more than 15,000 subscribers. When a 
system that has established rates in accordance with the small system 
cost-of-service approach exceeds 15,000 subscribers, the system may 
maintain its then existing rates. After exceeding the 15,000 subscriber 
limit, any further rate adjustments shall not reflect increases in 
external costs, inflation or channel additions until the system has re-
established initial permitted rates in accordance with some other method 
of rate regulation prescribed in this subpart.

    Note: For rules governing small cable operators, see Sec. 76.990 of 
this subpart.

[60 FR 35865, July 12, 1995, as amended at 60 FR 52120, Oct. 5, 1995; 62 
FR 53576, Oct. 15, 1997; 64 FR 35950, July 2, 1999; 65 FR 53617, Sept. 
5, 2000; 67 FR 13235, Mar. 21, 2002]



Sec. 76.935  Participation of interested parties.

    In order to regulate basic tier rates or associated equipment costs, 
a franchising authority must have procedural laws or regulations 
applicable to rate regulation proceedings that provide a reasonable 
opportunity for consideration of the views of interested parties. Such 
rules must take into account the 30, 120, or 180-day time periods that 
franchising authorities have to review rates under Sec. 76.933.



Sec. 76.936  Written decision.

    (a) A franchising authority must issue a written decision in a 
ratemaking proceeding whenever it disapproves an initial rate for the 
basic service tier or associated equipment in whole or in part, 
disapproves a request for a rate increase in whole or in part, or 
approves a request for an increase in whole or in part over the 
objections of interested parties. A franchising authority is not 
required to issue a written decision that approves an unopposed existing 
or proposed rate for the basic service tier or associated equipment.
    (b) Public notice must be given of any written decision required in 
paragraph (a) of this section, including releasing the text of any 
written decision to the public.



Sec. 76.937  Burden of proof.

    (a) A cable operator has the burden of proving that its existing or 
proposed rates for basic service and associated equipment comply with 47 
U.S.C. 543, and Sec. Sec. 76.922 and 76.923.
    (b) For an existing or a proposed rate for basic tier service or 
associated equipment that is within the permitted tier charge and actual 
cost of equipment as set forth in Sec. Sec. 76.922 and 76.923, the 
cable operator must submit the appropriate FCC form.
    (c) For an existing or a proposed rate for basic tier service that 
exceeds the permitted tier charge as set forth in Sec. Sec. 76.922 and 
76.923, the cable operator must submit a cost-of-service showing to 
justify the proposed rate.
    (d) A franchising authority or the Commission may find a cable 
operator that does not attempt to demonstrate

[[Page 669]]

the reasonableness of its rates in default and, using the best 
information available, enter an order finding the cable operator's rates 
unreasonable and mandating appropriate relief, as specified in 
Sec. Sec. 76.940, 76.941, and 76.942.
    (e) A franchising authority or the Commission may order a cable 
operator that has filed a facially incomplete form to file supplemental 
information, and the franchising authority's deadline to rule on the 
reasonableness of the proposed rates will be tolled pending the receipt 
of such information. A franchising authority may set reasonable 
deadlines for the filing of such information, and may find the cable 
operator in default and mandate appropriate relief, pursuant to 
paragraph (d) of this section, for the cable operator's failure to 
comply with the deadline or otherwise provide complete information in 
good faith.

[58 FR 29753, May 21, 1993, as amended at 59 FR 17973, Apr. 15, 1994]



Sec. 76.938  Proprietary information.

    A franchising authority may require the production of proprietary 
information to make a rate determination in those cases where cable 
operators have submitted initial rates, or have proposed rate increases, 
pursuant to an FCC Form 393 (and/or FCC Forms 1200/1205) filing or a 
cost-of-service showing. The franchising authority shall state a 
justification for each item of information requested and, where related 
to an FCC Form 393 (and/or FCC Forms 1200/1205) filing, indicate the 
question or section of the form to which the request specifically 
relates. Upon request to the franchising authority, the parties to a 
rate proceeding shall have access to such information, subject to the 
franchising authority's procedures governing non-disclosure by the 
parties. Public access to such proprietary information shall be governed 
by applicable state or local law.

[59 FR 17973, Apr. 15, 1994]



Sec. 76.939  Truthful written statements and responses to requests of franchising authority.

    Cable operators shall comply with franchising authorities' and the 
Commission's requests for information, orders, and decisions. Any 
information submitted to a franchising authority or the Commission in 
making a rate determination pursuant to an FCC Form 393 (and/or FCC 
Forms 1200/1205) filing or a cost-of-service showing is subject to the 
provisions of Sec. 1.17 of this chapter.

[68 FR 15098, Mar. 28, 2003]



Sec. 76.940  Prospective rate reduction.

    A franchising authority may order a cable operator to implement a 
reduction in basic service tier or associated equipment rates where 
necessary to bring rates into compliance with the standards set forth in 
Sec. Sec. 76.922 and 76.923



Sec. 76.941  Rate prescription.

    A franchising authority may prescribe a reasonable rate for the 
basic service tier or associated equipment after it determines that a 
proposed rate is unreasonable.



Sec. 76.942  Refunds.

    (a) A franchising authority (or the Commission, pursuant to Sec. 
76.945) may order a cable operator to refund to subscribers that portion 
of previously paid rates determined to be in excess of the permitted 
tier charge or above the actual cost of equipment, unless the operator 
has submitted a cost-of-service showing which justifies the rate charged 
as reasonable. An operator's liability for refunds shall be based on the 
difference between the old bundled rates and the sum of the new 
unbundled program service charge(s) and the new unbundled equipment 
charge(s). Where an operator was charging separately for program 
services and equipment but the rates were not in compliance with the 
Commission's rules, the operator's refund liability shall be based on 
the difference between the sum of the old charges and the sum of the 
new, unbundled program service and equipment charges. Before ordering a 
cable operator to refund previously paid rates to subscribers, a 
franchising authority (or the Commission) must give the operator notice 
and opportunity to comment.
    (b) An operator's liability for refunds in limited to a one-year 
period, except

[[Page 670]]

that an operator that fails to comply with a valid rate order issued by 
a franchising authority or the Commission shall be liable for refunds 
commencing from the effective date of such order until such time as it 
complies with such order.
    (c) The refund period shall run as follows:
    (1) From the date the operator implements a prospective rate 
reduction back in time to September 1, 1993, or one year, whichever is 
shorter.
    (2) From the date a franchising authority issues an accounting order 
pursuant to Sec. 76.933(c), to the date a prospective rate reduction is 
issued, then back in time from the date of the accounting order to the 
effective date of the rules; however, the total refund period shall not 
exceed one year from the date of the accounting order.
    (3) Refund liability shall be calculated on the reasonableness of 
the rates as determined by the rules in effect during the period under 
review by the franchising authority or the Commission.
    (d) The cable operator, in its discretion, may implement a refund in 
the following manner:
    (1) By returning overcharges to those subscribers who actually paid 
the overcharges, either through direct payment or as a specifically 
identified credit to those subscribers' bills; or
    (2) By means of a prospective percentage reduction in the rates for 
the basic service tier or associated equipment to cover the cumulative 
overcharge. This shall be reflected as a specifically identified, one-
time credit on prospective bills to the class of subscribers that 
currently subscribe to the cable system.
    (e) Refunds shall include interest computed at applicable rates 
published by the Internal Revenue Service for tax refunds and additional 
tax payments.
    (f) Once an operator has implemented a rate refund to subscribers in 
accordance with a refund order by the franchising authority (or the 
Commission, pursuant to paragraph (a) of this section), the franchising 
authority must return to the cable operator an amount equal to that 
portion of the franchise fee that was paid on the total amount of the 
refund to subscribers. The franchising authority must promptly return 
the franchise fee overcharge either in an immediate lump sum payment, or 
the cable operator may deduct it from the cable system's future 
franchise fee payments. The franchising authority has the discretion to 
determine a reasonable repayment period, but interest shall accrue on 
any outstanding portion of the franchise fee starting on the date the 
operator has completed implementation of the refund order. In 
determining the amount of the refund, the franchise fee overcharge 
should be offset against franchise fees the operator holds on behalf of 
the franchising authority for lump sum payment. The interest rate on any 
refund owed to the operator presumptively shall be 11.25%.

[58 FR 29753, May 21, 1993, as amended at 58 FR 46736, Sept. 2, 1993; 59 
FR 17974, Apr. 15, 1994; 60 FR 52120, Oct. 5, 1995]



Sec. 76.943  Fines.

    (a) A franchising authority may impose fines or monetary forfeitures 
on a cable operator that does not comply with a rate decision or refund 
order directed specifically at the cable operator, provided the 
franchising authority has such power under state or local laws.
    (b) If a cable operator willfully fails to comply with the terms of 
any franchising authority's order, decision, or request for information, 
as required by Sec. 76.939, the Commission may, in addition to other 
remedies, impose a forfeiture pursuant to section 503(b) of the 
Communications Act of 1934, as amended, 47 U.S.C. 503(b).
    (c) A cable operator shall not be subject to forfeiture because its 
rate for basic service or equipment is determined to be unreasonable.

[58 FR 29753, May 21, 1993, as amended at 59 FR 17974, Apr. 15, 1994]



Sec. 76.944  Commission review of franchising authority decisions on rates for the basic service tier and associated equipment.

    (a) The Commission shall be the sole forum for appeals of decisions 
by franchising authorities on rates for the basic service tier or 
associated equipment involving whether or not a franchising authority 
has acted consistently with the Cable Act or Sec. Sec. 76.922 and

[[Page 671]]

76.923. Appeals of ratemaking decisions by franchising authorities that 
do not depend upon determining whether a franchising authority has acted 
consistently with the Cable Act or Sec. Sec. 76.922 and 76.923, may be 
heard in state or local courts.
    (b) Any participant at the franchising authority level in a 
ratemaking proceeding may file an appeal of the franchising authority's 
decision with the Commission within 30 days of release of the text of 
the franchising authority's decision as computed under Sec. 1.4(b) of 
this chapter. Appeals shall be served on the franchising authority or 
other authority that issued the rate decision. Where the state is the 
appropriate decisionmaking authority, the state shall forward a copy of 
the appeal to the appropriate local official(s). Oppositions may be 
filed within 15 days after the appeals is filed, and must be served on 
the party(ies) appealing the rate decision. Replies may be filed 7 days 
after the last day for oppositions and shall be served on the parties to 
the proceeding.
    (c) An operator that uses the annual rate adjustment method under 
Section 76.922(e) may include in its next true up under Section 
76.922(e)(3) any amounts to which the operator would have been entitled 
but for a franchising authority decision that is not upheld on appeal.

[58 FR 29753, May 21, 1993, as amended at 59 FR 17974, Apr. 15, 1994; 60 
FR 52121, Oct. 5, 1995]



Sec. 76.945  Procedures for Commission review of basic service rates.

    (a) Upon assumption of rate regulation authority, the Commission 
will notify the cable operator and require the cable operator to file 
its basic rate schedule with the Commission within 30 days, with a copy 
to the local franchising authority.
    (b) Basic service and equipment rate schedule filings for existing 
rates or proposed rate increases (including increases in the baseline 
channel change that results from reductions in the number of channels in 
a tier) must use the official FCC form, a copy thereof, or a copy 
generated by FCC software. Failure to file on the official FCC form or a 
copy may result in the imposition of sanctions specified in Sec. 
76.937(d). Cable operators seeking to justify the reasonableness of 
existing or proposed rates above the permitted tier rate must submit a 
cost-of-service showing sufficient to support a finding that the rates 
are reasonable.
    (c) Filings proposing annual adjustments or rates within the rates 
regulation standards in Sec. Sec. 76.922 and 76.923, must be made 30 
days prior to the proposed effective date and can become effective on 
the proposed effective date unless the Commission issues an order 
deferring the effective date or denying the rate proposal. Petitions 
opposing such filings must be filed within 15 days of public notice of 
the filing by the cable operator and be accompanied by a certificate 
that service was made on the cable operator and the local franchising 
authority. The cable operator may file an opposition within five days of 
filing of the petition, certifying to service on both the petitioner and 
the local franchising authority.
    (d) Filings proposing a rate not within the rate regulation 
standards of Sec. Sec. 76.922 and 76.923, must be made 90 days before 
the requested effective date. Petitions opposing such filings must be 
filed within 30 days of public notice of the filing, and be accompanied 
by a certificate that service was made on the cable operator and the 
local franchising authority. The cable operator may file an opposition 
within 10 days of the filing of the petition, and certifying that 
service was made on the petitioner and the local franchising authority.

[58 FR 29753, May 21, 1993, as amended at 59 FR 17974, Apr. 15, 1994]



Sec. 76.946  Advertising of rates.

    Cable operators that advertise rates for basic service and cable 
programming service tiers shall be required to advertise rates that 
include all costs and fees. Cable systems that cover multiple franchise 
areas having differing franchise fees or other franchise costs, 
different channel line-ups, or different rate structures may advertise a 
complete range of fees without specific identification of the rate for 
each individual area. In such circumstances, the operator may advertise 
a ``fee plus'' rate that indicates the core rate plus

[[Page 672]]

the range of possible additions, depending on the particular location of 
the subscriber.

[59 FR 17974, Apr. 15, 1994]



Sec. 76.952  Information to be provided by cable operator on monthly subscriber bills.

    All cable operators must provide the following information to 
subscribers on monthly bills:
    (a) The name, mailing address and phone number of the franchising 
authority, unless the franchising authority in writing requests the 
cable operator to omit such information.
    (b) The FCC community unit identifier for the cable system.

[58 FR 29753, May 21, 1993, as amended at 59 FR 17960, Apr. 15, 1994; 64 
FR 35950, July 2, 1999]



Sec. 76.962  Implementation and certification of compliance.

    (a) Implementation. A cable operator must implement remedial 
requirements, including prospective rate reductions and refunds, within 
60 days from the date the Commission releases an order mandating a 
remedy.
    (b) Certification of compliance. A cable operator must certify to 
the Commission its compliance with any Commission order mandating 
remedial requirements. Such certification shall:
    (1) Be filed with the Commission within 90 days from the date the 
Commission releases an order mandating a remedy;
    (2) Reference the applicable Commission order;
    (3) State that the cable operator has complied fully with all 
provisions of the Commission's order;
    (4) Include a description of the precise measures the cable operator 
has taken to implement the remedies ordered by the Commission; and
    (5) Be signed by an authorized representative of the cable operator.



Sec. 76.963  Forfeiture.

    (a) If any cable operator willfully fails to comply with the terms 
of any Commission order, including an order mandating remedial 
requirements after a finding of unreasonable cable programming service 
or equipment rates, or any Commission rule, the Commission may, in 
addition to other remedies, impose a forfeiture pursuant to Section 
503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b).
    (b) A cable operator shall not be subject to forfeiture because its 
rate for cable programming service or equipment is determined to be 
unreasonable.



Sec. 76.970  Commercial leased access rates.

    (a) Cable operators shall designate channel capacity for commercial 
use by persons unaffiliated with the operator, and that seek to lease a 
programming channel on a full-time basis, in accordance with the 
requirement of 47 U.S.C. 532. For purposes of 47 U.S.C. 532(b)(1)(A) and 
(B), only those channels that must be carried pursuant to 47 U.S.C. 534 
and 535 qualify as channels that are required for use by Federal law or 
regulation. For cable systems with 100 or fewer channels, channels that 
cannot be used due to technical and safety regulations of the Federal 
Government (e.g., aeronautical channels) shall be excluded when 
calculating the set-aside requirement.
    (b) In determining whether an entity is an ``affiliate'' for 
purposes of commercial leased access, entities are affiliated if either 
entity has an attributable interest in the other or if a third party has 
an attributable interest in both entities.
    (c) Attributable interest shall be defined by reference to the 
criteria set forth in Notes 1-5 to Sec. 76.501 provided, however, that:
    (1) The limited partner and LLC/LLP/RLLP insulation provisions of 
Note 2(f) shall not apply; and;
    (2) The provisions of Note 2(a) regarding five (5) percent interests 
shall include all voting or nonvoting stock or limited partnership 
equity interests of five (5) percent or more.
    (d) The maximum commercial leased access rate that a cable operator 
may charge for full-time channel placement on any tier is the average 
implicit fee for full-time channel placement on that tier.
    (e) The average implicit fee identified in paragraph (d) of this 
section shall be calculated by first calculating the total amount the 
operator receives in

[[Page 673]]

subscriber revenue per month for the programming on the tier on which 
the channel will be placed, and then subtracting the total amount it 
pays in programming costs per month for that tier (the ``total implicit 
fee calculation''). Next, the total implicit fee is divided by the 
number of channels on that tier (the ``average implicit fee 
calculation''). The result, the average implicit fee, is the maximum 
rate per month that the operator may charge the leased access programmer 
for a full-time channel on that tier. The license fees for affiliated 
channels used in determining the average implicit fee shall reflect the 
prevailing company prices offered in the marketplace to third parties. 
If a prevailing company price does not exist, the license fee for that 
programming shall be priced at the programmer's cost or the fair market 
value, whichever is lower. The average implicit fee shall be calculated 
annually based on contracts in effect in the previous calendar year. The 
implicit fee for a contracted service may not include fees, stated or 
implied, for services other than the provision of channel capacity 
(e.g., billing and collection, marketing, or studio services).
    (f) The maximum commercial leased access rate that a cable operator 
may charge for full-time channel placement as an a la carte service is 
the highest implicit fee on an aggregate basis for full-time channel 
placement as an a la carte service.
    (g) The highest implicit fee on an aggregate basis for full-time 
channel placement as an a la carte service shall be calculated by first 
determining the total amount received by the operator in subscriber 
revenue per month for each non-leased access a la carte channel on its 
system (including affiliated a la carte channels) and deducting the 
total amount paid by the operator in programming costs (including 
license and copyright fees) per month for programming on such individual 
channels. This calculation will result in implicit fees determined on an 
aggregate basis, and the highest of these implicit fees shall be the 
maximum rate per month that the operator may charge the leased access 
programmer for placement as a full-time a la carte channel. The license 
fees for affiliated channels used in determining the highest implicit 
fee shall reflect the prevailing company prices offered in the 
marketplace to third parties. If a prevailing company price does not 
exist, the license fee for that programming shall be priced at the 
programmer's cost or the fair market value, whichever is lower. The 
highest implicit fee shall be based on contracts in effect in the 
previous calendar year. The implicit fee for a contracted service may 
not include fees, stated or implied, for services other than the 
provision of channel capacity (e.g., billing and collection, marketing, 
or studio services). Any subscriber revenue received by a cable operator 
for an a la carte leased access service shall be passed through to the 
leased access programmer.
    (h)(1) Cable system operators shall provide prospective leased 
access programmers with the following information within 30 calendar 
days of the date on which a bona fide request for leased access 
information is made, provided that the programmer has remitted any 
application fee that the cable system operator requires up to a maximum 
of $100 per system-specific bona fide request:
    (i) How much of the operator's leased access set-aside capacity is 
available;
    (ii) A complete schedule of the operator's full-time leased access 
rates;
    (iii) Rates associated with technical and studio costs; and
    (iv) If specifically requested, a sample leased access contract.
    (2) Operators of systems subject to small system relief shall 
provide the information required in paragraph (h)(1) of this section 
within 45 calendar days of a bona fide request from a prospective leased 
access programmer. For these purposes, systems subject to small system 
relief are systems that either:
    (i) Qualify as small systems under Sec. 76.901(c) and are owned by 
a small cable company as defined under Sec. 76.901(e); or
    (ii) Have been granted special relief.
    (3) Bona fide requests, as used in this section, are defined as 
requests from potential leased access programmers that have provided the 
following information:

[[Page 674]]

    (i) The desired length of a contract term;
    (ii) The anticipated commencement date for carriage; and
    (iii) The nature of the programming,
    (4) All requests for leased access must be made in writing and must 
specify the date on which the request was sent to the operator.
    (5) Operators shall maintain, for Commission inspection, sufficient 
supporting documentation to justify the scheduled rates, including 
supporting contracts, calculations of the implicit fees, and 
justifications for all adjustments.
    (6) Cable system operators shall disclose on their own websites, or 
through alternate means if they do not have their own websites, a 
contact name or title, telephone number, and email address for the 
person responsible for responding to requests for information about 
leased access channels.
    (i) Cable operators are permitted to negotiate rates below the 
maximum rates permitted in paragraphs (c) through (g) of this section.

[78 FR 20256, Apr. 4, 2013, as amended at 84 FR 28768, June 20, 2019; 85 
FR 51367, Aug. 20, 2020]



Sec. 76.971  Commercial leased access terms and conditions.

    (a)(1) Cable operators shall place leased access programmers that 
request access to a tier actually used by most subscribers on any tier 
that has a subscriber penetration of more than 50 percent, unless there 
are technical or other compelling reasons for denying access to such 
tiers.
    (2) Cable operators shall be permitted to make reasonable selections 
when placing leased access channels at specific channel locations. The 
Commission will evaluate disputes involving channel placement on a case-
by-case basis and will consider any evidence that an operator has acted 
unreasonably in this regard.
    (3) On systems with available leased access capacity sufficient to 
satisfy current leased access demand, cable operators shall be required 
to accommodate as expeditiously as possible all leased access requests 
for programming that is not obscene or indecent. On systems with 
insufficient available leased access capacity to satisfy current leased 
access demand, cable operators shall be permitted to select from among 
leased access programmers using objective, content-neutral criteria.
    (b) Cable operators may not apply programming production standards 
to leased access that are any higher than those applied to public, 
educational and governmental access channels.
    (c) Cable operators are required to provide unaffiliated leased 
access users the minimal level of technical support necessary for users 
to present their material on the air, and may not unreasonably refuse to 
cooperate with a leased access user in order to prevent that user from 
obtaining channel capacity. Leased access users must reimburse operators 
for the reasonable cost of any technical support actually provided by 
the operator that is beyond that provided for non-leased access 
programmers on the system. A cable operator may charge leased access 
programmers for the use of technical equipment that is provided at no 
charge for public, educational and governmental access programming, 
provided that the operator's franchise agreement requires it to provide 
the equipment and does not preclude such use, and the equipment is not 
being used for any other non-leased access programming. Cable operators 
that are required to purchase technical equipment in order to 
accommodate a leased access programmer shall have the option of either 
requiring the leased access programmer to pay the full purchase price of 
the equipment, or purchasing the equipment and leasing it to the leased 
access programmer at a reasonable rate. Leased access programmers that 
are required to pay the full purchase price of additional equipment 
shall have all rights of ownership associated with the equipment under 
applicable state and local law.
    (d) Cable operators may require reasonable security deposits or 
other assurances from users who are unable to prepay in full for access 
to leased commercial channels. Cable operators may impose reasonable 
insurance requirements on leased access programmers. Cable operators 
shall bear the burden of proof in establishing reasonableness.

[[Page 675]]

    (e) Cable operators may not set terms and conditions for commercial 
leased access use based on content, except:
    (1) To the limited extent necessary to establish a reasonable price 
for the commercial use of designated channel capacity by an unaffiliated 
person; or
    (2) To comply with 47 U.S.C. 532 (h), (j) and Sec. 76.701.
    (f)(1) A cable operator shall provide billing and collection 
services for commercial leased access cable programmers, unless the 
operator demonstrates the existence of third party billing and 
collection services which in terms of cost and accessibility, offer 
leased access programmers an alternative substantially equivalent to 
that offered to comparable non-leased access programmers.
    (2) If an operator can make the showing required in paragraph (f)(1) 
of this section, it must, to the extent technically feasible make 
available data necessary to enable a third party to bill and collect for 
the leased access user.
    (g) Cable operators shall not unreasonably limit the length of 
leased access contracts. The termination provisions of leased access 
contracts shall be commercially reasonable and may not allow operators 
to terminate leased access contracts without a reasonable basis.
    (h) Cable operators may not prohibit the resale of leased access 
capacity to persons unaffiliated with the operator, but may provide in 
their leased access contracts that any sublessees will be subject to the 
non-price terms and conditions that apply to the initial lessee, and 
that, if the capacity is resold, the rate for the capacity shall be the 
maximum permissible rate.

[58 FR 29753, May 21, 1993, as amended at 61 FR 16401, Apr. 15, 1996; 62 
FR 11381, Mar. 12, 1997; 84 FR 28769, June 20, 2019]



Sec. 76.975  Commercial leased access dispute resolution.

    (a) Any person aggrieved by the failure or refusal of a cable 
operator to make commercial channel capacity available in accordance 
with the provisions of Title VI of the Communications Act may bring an 
action in the district court of the United States for the Judicial 
district in which the cable system is located to compel that such 
capacity be made available.
    (b)(1) Any person aggrieved by the failure or refusal of a cable 
operator to make commercial channel capacity available or to charge 
rates for such capacity in accordance with the provisions of Title VI of 
the Communications Act, or our implementing regulations, Sec. Sec. 
76.970 and 76.971, may file a petition for relief with the Commission. 
Persons alleging that a cable operator's leased access rate is 
unreasonable must receive a determination of the cable operator's 
maximum permitted rate from an independent accountant prior to filing a 
petition for relief with the Commission.
    (2) Parties to a dispute over leased access rates shall have five 
business days to agree on a mutually acceptable accountant from the date 
on which the programmer provides the cable operator with a written 
request for a review of its leased access rates. Parties that fail to 
agree on a mutually acceptable accountant within five business days of 
the programmer's request for a review shall each be required to select 
an independent accountant on the sixth business day. The two accountants 
selected shall have five business days to select a third independent 
accountant to perform the review. Operators of systems subject to small 
system relief shall have 14 business days to select an independent 
accountant when an agreement cannot be reached. For these purposes, 
systems subject to small system relief are systems that either:
    (i) Qualify as small systems under Sec. 76.901(c) and are owned by 
a small cable company as defined under Sec. 76.901(e); or
    (ii) Have been granted special relief.
    (3) The final accountant's report must be completed within 60 days 
of the date on which the final accountant is selected to perform the 
review. The final accountant's report must, at a minimum, state the 
maximum permitted rate, and explain how it was determined without 
revealing proprietary information. The report must be signed, dated and 
certified by the accountant. The report shall be filed in the cable 
system's local public file.

[[Page 676]]

    (4) If the accountant's report indicates that the cable operator's 
leased access rate exceeds the maximum permitted rate by more than a de 
minimis amount, the cable operator shall be required to pay the full 
cost of the review. If the final accountant's report does not indicate 
that the cable operator's leased access rate exceeds the maximum 
permitted rate by more than a de minimis amount, each party shall be 
required to split the cost of the final accountant's review, and to pay 
its own expenses incurred in making the review.
    (5) Parties may use alternative dispute resolution (ADR) processes 
to settle disputes that are not resolved by the final accountant's 
report.
    (c) A petition must contain a concise statement of the facts 
constituting a violation of the statute or the Commission's rules, the 
specific statute(s) or rule(s) violated, and certify that the petition 
was served on the cable operator. Where a petition is based on 
allegations that a cable operator's leased access rates are 
unreasonable, the petitioner must attach a copy of the final 
accountant's report. In proceedings before the Commission, there will be 
a rebuttable presumption that the final accountant's report is correct.
    (d) Where a petition is not based on allegations that a cable 
operator's leased access rates are unreasonable, the petition must be 
filed within 60 days of the alleged violation. Where a petition is based 
on allegations that the cable operator's leased access rates are 
unreasonable, the petition must be filed within 60 days of the final 
accountant's report, or within 60 days of the termination of ADR 
proceedings. Aggrieved parties must certify that their petition was 
filed within 60 days of the termination of ADR proceedings in order to 
file a petition later than 60 days after completion of the final 
accountant's report. Cable operators may rebut such certifications.
    (e) The cable operator or other respondent will have 30 days from 
service of the petition to file an answer. If a leased access rate is 
disputed, the answer must show that the rate charged is not higher than 
the maximum permitted rate for such leased access, and must be supported 
by the affidavit of a responsible company official. If, after an answer 
is submitted, the staff finds a prima facie violation of our rules, the 
staff may require a respondent to produce additional information, or 
specify other procedures necessary for resolution of the proceeding. 
Replies to answers must be filed within fifteen (15) days after 
submission of the answer.
    (f) The Commission, after consideration of the pleadings, may grant 
the relief requested, in whole or in part, including, but not limited to 
ordering refunds, injunctive measures, or forfeitures pursuant 47 U.S.C. 
503, denying the petition, or issuing a ruling on the petition or 
dispute.
    (g) To be afforded relief, the petitioner must show by clear and 
convincing evidence that the cable operator has violated the 
Commission's leased access provisions in 47 U.S.C. 532 or Sec. Sec. 
76.970 and 76.971, or otherwise acted unreasonably or in bad faith in 
failing or refusing to make capacity available or to charge lawful rates 
for such capacity to an unaffiliated leased access programmer.
    (h) During the pendency of a dispute, a party seeking to lease 
channel capacity for commercial purposes, shall comply with the rates, 
terms and conditions prescribed by the cable operator, subject to refund 
or other appropriate remedy.
    (i) Section 76.7 applies to petitions for relief filed under this 
section, except as otherwise provided in this section.

[78 FR 20257, Apr. 4, 2013, as amended at 84 FR 28769, June 20, 2019]



Sec. 76.977  Minority and educational programming used in lieu of designated commercial leased access capacity.

    (a) A cable operator required by this section to designate channel 
capacity for commercial use pursuant to 47 U.S.C. 532, may use any such 
channel capacity for the provision of programming from a qualified 
minority programming source or from any qualified educational 
programming sources, whether or not such source is affiliated with cable 
operator. The channel capacity used to provide programming

[[Page 677]]

from a qualified minority programming source or from any qualified 
educational programming source pursuant to this section may not exceed 
33 percent of the channel capacity designated pursuant to 47 U.S.C. 532 
and must be located on a tier with more than 50 percent subscriber 
penetration.
    (b) For purposes of this section, a qualified minority programming 
source is a programming source that devotes substantially all of its 
programming to coverage of minority viewpoints, or to programming 
directed at members of minority groups, and which is over 50 percent 
minority-owned.
    (c) For purposes of this section, a qualified educational 
programming source is a programming source that devotes substantially 
all of its programming to educational or instructional programming that 
promotes public understanding of mathematics, the sciences, the 
humanities, or the arts and has a documented annual expenditure on 
programming exceeding $15 million. The annual expenditure on programming 
means all annual costs incurred by the programming source to produce or 
acquire programs which are scheduled to be televised, and specifically 
excludes marketing, promotion, satellite transmission and operational 
costs, and general administrative costs.
    (d) For purposes of paragraphs (b) and (c) of this section, 
substantially all means that 90% or more of the programming offered must 
be devoted to minority or educational purposes, as defined in paragraphs 
(b) and (c) of this section, respectively.
    (e) For purposes of paragraph (b) of this section, ``minority'' is 
defined as in 47 U.S.C. 309(i)(3)(c)(ii) to include Blacks, Hispanics, 
American Indians, Alaska Natives, Asians and Pacific Islanders.

[58 FR 29753, May 21, 1993, as amended at 62 FR 11382, Mar. 12, 1997]



Sec. 76.980  Charges for customer changes.

    (a) This section shall govern charges for any changes in service 
tiers or equipment provided to the subscriber that are initiated at the 
request of a subscriber after initial service installation.
    (b) The charge for customer changes in service tiers effected solely 
by coded entry on a computer terminal or by other similarly simple 
methods shall be a nominal amount, not exceeding actual costs, as 
defined in paragraph (c) of this section.
    (c) The charge for customers changes in service tiers or equipment 
that involve more than coded entry on a computer or other similarly 
simple method shall be based on actual cost. The actual cost charge 
shall be either the HSC, as defined in Section 76.923 of the rules, 
multiplied by the number of persons hours needed to implement the 
change, or the HSC multiplied by the average number of persons hours 
involved in implementing customer changes.
    (d) A cable operator may establish a higher charge for changes 
effected solely by coded entry on a computer terminal or by other 
similarly simple methods, subject to approval by the franchising 
authority, for a subscriber changing service tiers more than two times 
in a twelve month period, except for such changes ordered in response to 
a change in price or channel line-up.
    (e) Downgrade charges that are the same as, or lower than, upgrade 
charges are evidence of the reasonableness of such downgrade charges.
    (f) For 30 days after notice of retiering or rate increases, a 
customer may obtain changes in service tiers at no additional charge.

    Note 1 to Sec. 76.980: Cable operators must also notify subscribers 
of potential charges for customer service changes, as provided in Sec. 
76.1604.

[58 FR 29753, May 21, 1993, as amended at 65 FR 53617, Sept. 5, 2000]



Sec. 76.981  Negative option billing.

    (a) A cable operator shall not charge a subscriber for any service 
or equipment that the subscriber has not affirmatively requested by 
name. A subscriber's failure to refuse a cable operator's proposal to 
provide such service or equipment is not an affirmative request for 
service or equipment. A subscriber's affirmative request for service or 
equipment may be made orally or in writing.
    (b) The requirements of paragraph (a) of this section shall not 
preclude the

[[Page 678]]

adjustment of rates to reflect inflation, cost of living and other 
external costs, the addition or deletion of a specific program from a 
service offering, the addition or deletion of specific channels from an 
existing tier or service, the restructuring or division of existing 
tiers of service, or the adjustment of rates as a result of the 
addition, deletion or substitution of channels pursuant to Sec. 76.922, 
provided that such changes do not constitute a fundamental change in the 
nature of an existing service or tier of service and are otherwise 
consistent with applicable regulations.
    (c) State and local governments may not enforce state and local 
consumer protection laws that conflict with or undermine paragraph (a) 
or (b) of this section or any other sections of this Subpart that were 
established pursuant to Section 3 of the 1992 Cable Act, 47 U.S.C. 543.

[59 FR 62625, Dec. 6, 1994]



Sec. 76.982  Continuation of rate agreements.

    During the term of an agreement executed before July 1, 1990, by a 
franchising authority and a cable operator providing for the regulation 
of basic cable service rates, where there was not effective competition 
under Commission rules in effect on that date, the franchising authority 
may regulate basic cable rates without following section 623 of the 1992 
Cable Act or Sec. Sec. 76.910 through 76.942. A franchising authority 
regulating basic cable rates pursuant to such a rate agreement is not 
required to file for certification during the remaining term of the 
agreement but shall notify the Commission of its intent to continue 
regulating basic cable rates.



Sec. 76.983  Discrimination.

    (a) No Federal agency, state, or local franchising authority may 
prohibit a cable operator from offering reasonable discounts to senior 
citizens or to economically disadvantaged groups.
    (1) Such discounts must be offered equally to all subscribers in the 
franchise area who qualify as members of these categories, or any 
reasonable subcategory thereof.
    (2) For purposes of this section, members of economically 
disadvantaged groups are those individuals who receive federal, state or 
local welfare assistance.
    (b) Nothing herein shall preclude any Federal agency, state, or 
local franchising authority from requiring and regulating the reception 
of cable service by hearing impaired individuals.



Sec. 76.984  Geographically uniform rate structure.

    (a) The rates charged by cable operators for basic service, cable 
programming service, and associated equipment and installation shall be 
provided pursuant to a rate structure that is uniform throughout each 
franchise area in which cable service is provided.
    (b) This section does not prohibit the establishment by cable 
operators of reasonable categories of service and customers with 
separate rates and terms and conditions of service, within a franchise 
area.
    (c) This section does not apply to:
    (1) A cable operator with respect to the provision of cable service 
over its cable system in any geographic area in which the video 
programming services offered by the operator in that area are subject to 
effective competition, or
    (2) Any video programming offered on a per channel or per program 
basis.
    (3) Bulk discounts to multiple dwelling units shall not be subject 
to this section, except that a cable operator of a cable system that is 
not subject to effective competition may not charge predatory prices to 
a multiple dwelling unit. Upon a prima facie showing by a complainant 
that there are reasonable grounds to believe that the discounted price 
is predatory, the cable system shall have the burden of showing that its 
discounted price is not predatory.

    Note 1 to paragraph (c)(3): Discovery procedures for predatory 
pricing complaints. Requests for discovery will be addressed pursuant to 
the procedures specified in Sec. 76.7(f).
    Note 2 to paragraph (c)(3): Confidential information. Parties 
submitting material believed to be exempt from disclosure pursuant to 
the Freedom of Information Act (FOIA), 5 U.S.C. 552(b), and the 
Commission's rules,

[[Page 679]]

Sec. 0.457 of this chapter, should follow the procedures in Sec. 0.459 
of this chapter and Sec. 76.9.

[59 FR 17975, Apr. 15, 1994, as amended at 61 FR 18979, Apr. 30, 1996; 
64 FR 35951, July 2, 1999]



Sec. 76.985  Subscriber bill itemization.

    (a) Cable operators may identify as a separate line item of each 
regular subscriber bill the following:
    (1) The amount of the total bill assessed as a franchise fee and the 
identity of the franchising authority to which the fee is paid.
    (2) The amount of the total bill assessed to satisfy any 
requirements imposed on the cable operator by the franchise agreement to 
support public, educational, or governmental channels or the use of such 
channels.
    (3) The amount of any other fee, tax, assessment, or charge of any 
kind imposed by any governmental authority on the transaction between 
the operator and the subscriber. In order for a governmental fee or 
assessment to be separately identified under this section, it must be 
directly imposed by a governmental body on a transaction between a 
subscriber and an operator.
    (b) The charge identified on the subscriber bill as the total charge 
for cable service should include all fees and costs itemized pursuant to 
this section.
    (c) Local franchising authorities may adopt regulations consistent 
with this section.

[58 FR 29753, May 21, 1993, as amended at 76 FR 55818, Sept. 9, 2011; 83 
FR 60776, Nov. 27, 2018]



Sec. 76.990  Small cable operators.

    (a) Effective February 8, 1996, a small cable operator is exempt 
from rate regulation on its cable programming services tier, or on its 
basic service tier if that tier was the only service tier subject to 
rate regulation as of December 31, 1994, in any franchise area in which 
that operator services 50,000 or fewer subscribers.
    (b) Procedures. (1) A small cable operator, may certify in writing 
to its franchise authority at any time that it meets all criteria 
necessary to qualify as a small operator. Upon request of the local 
franchising authority, the operator shall identify in writing all of its 
affiliates that provide cable service, the total subscriber base of 
itself and each affiliate, and the aggregate gross revenues of its cable 
and non-cable affiliates. Within 90 days of receiving the original 
certification, the local franchising authority shall determine whether 
the operator qualifies for deregulation and shall notify the operator in 
writing of its decision, although this 90-day period shall be tolled for 
so long as it takes the operator to respond to a proper request for 
information by the local franchising authority. An operator may appeal 
to the Commission a local franchise authority's information request if 
the operator seeks to challenge the information request as unduly or 
unreasonably burdensome. If the local franchising authority finds that 
the operator does not qualify for deregulation, its notice shall state 
the grounds for that decision. The operator may appeal the local 
franchising authority's decision to the Commission within 30 days.
    (2) Once the operator has certified its eligibility for deregulation 
on the basic service tier, the local franchising authority shall not 
prohibit the operator from taking a rate increase and shall not order 
the operator to make any refunds unless and until the local franchising 
authority has rejected the certification in a final order that is no 
longer subject to appeal or that the Commission has affirmed. The 
operator shall be liable for refunds for revenues gained (beyond 
revenues that could be gained under regulation) as a result of any rate 
increase taken during the period in which it claimed to be deregulated, 
plus interest, in the event the operator is later found not to be 
deregulated. The one-year limitation on refund liability will not be 
applicable during that period to ensure that the filing of an invalid 
small operator certification does not reduce any refund liability that 
the operator would otherwise incur.
    (3) Within 30 days of being served with a local franchising 
authority's notice that the local franchising authority intends to file 
a cable programming services tier rate complaint, an operator may 
certify to the local franchising authority that it meets the criteria 
for qualification as a small cable operator. This certification shall be

[[Page 680]]

filed in accordance with the cable programming services rate complaint 
procedure set forth in Sec. 76.1402. Absent a cable programming 
services rate complaint, the operator may request a declaration of CPST 
rate deregulation from the Commission pursuant to Sec. 76.7.
    (c) Transition from small cable operator status. If a small cable 
operator subsequently becomes ineligible for small operator status, the 
operator will become subject to regulation but may maintain the rates it 
charged prior to losing small cable operator status if such rates (with 
an allowance for minor variations) were in effect for the three months 
preceding the loss of small cable operator status. Subsequent rate 
increases following the loss of small cable operator status will be 
subject to generally applicable regulations governing rate increases.

    Note to Sec. 76.990: For rules governing small cable systems and 
small cable companies, see Sec. 76.934.

[64 FR 35951, July 2, 1999]



            Subpart O_Competitive Access to Cable Programming



Sec. 76.1000  Definitions.

    As used in this subpart:
    (a) Area served by cable system. The term ``area served'' by a cable 
system means an area actually passed by a cable system and which can be 
connected for a standard connection fee.
    (b) Cognizable interests. In applying the provisions of this 
subpart, ownership and other interests in cable operators, satellite 
cable programming vendors, satellite broadcast programming vendors, or 
terrestrial cable programming vendors will be attributed to their 
holders and may subject the interest holders to the rules of this 
subpart. Cognizable and attributable interests shall be defined by 
reference to the criteria set forth in Notes 1 through 5 to Sec. 76.501 
provided, however, that:
    (1) The limited partner and LLC/LLP/RLLP insulation provisions of 
Note 2(f) shall not apply; and
    (2) The provisions of Note 2(a) regarding five (5) percent interests 
shall include all voting or nonvoting stock or limited partnership 
equity interests of five (5) percent or more.
    (c) Buying groups. The term ``buying group'' or ``agent,'' for 
purposes of the definition of a multichannel video programming 
distributor set forth in paragraph (e) of this section, means an entity 
representing the interests of more than one entity distributing 
multichannel video programming that:
    (1) Agrees to be financially liable for any fees due pursuant to a 
satellite cable programming, satellite broadcast programming, or 
terrestrial cable programming contract which it signs as a contracting 
party as a representative of its members or whose members, as 
contracting parties, agree to joint and several liability; and
    (2) Agrees to uniform billing and standardized contract provisions 
for individual members; and
    (3) Agrees either collectively or individually on reasonable 
technical quality standards for the individual members of the group.
    (d) Competing distributors. The term ``competing,'' as used with 
respect to competing multichannel video programming distributors, means 
distributors whose actual or proposed service areas overlap.
    (e) Multichannel video programming distributor. The term 
``multichannel video programming distributor'' means an entity engaged 
in the business of making available for purchase, by subscribers or 
customers, multiple channels of video programming. Such entities 
include, but are not limited to, a cable operator, a BRS/EBS provider, a 
direct broadcast satellite service, a television receive-only satellite 
program distributor, and a satellite master antenna television system 
operator, as well as buying groups or agents of all such entities.

    Note to paragraph (e): A video programming provider that provides 
more than one channel of video programming on an open video system is a 
multichannel video programming distributor for purposes of this subpart 
O and Section 76.1507.

    (f) Satellite broadcast programming. The term ``satellite broadcast 
programming'' means broadcast video programming when such programming is 
retransmitted by satellite and the entity retransmitting such 
programming is not the broadcaster or an entity performing such 
retransmission on behalf

[[Page 681]]

of and with the specific consent of the broadcaster.
    (g) Satellite broadcast programming vendor. The term ``satellite 
broadcast programming vendor'' means a fixed service satellite carrier 
that provides service pursuant to section 119 of title 17, United States 
Code, with respect to satellite broadcast programming.
    (h) Satellite cable programming. The term ``satellite cable 
programming'' means video programming which is transmitted via satellite 
and which is primarily intended for direct receipt by cable operators 
for their retransmission to cable subscribers, except that such term 
does not include satellite broadcast programming.

    Note to paragraph (h): Satellite programming which is primarily 
intended for the direct receipt by open video system operators for their 
retransmission to open video system subscribers shall be included within 
the definition of satellite cable programming.

    (i) Satellite cable programming vendor. The term ``satellite cable 
programming vendor'' means a person engaged in the production, creation, 
or wholesale distribution for sale of satellite cable programming, but 
does not include a satellite broadcast programming vendor.
    (j) Similarly situated. The term ``similarly situated'' means, for 
the purposes of evaluating alternative programming contracts offered by 
a defendant programming vendor or by a terrestrial cable programming 
vendor alleged to have engaged in conduct described in Sec. 
76.1001(b)(1)(ii), that an alternative multichannel video programming 
distributor has been identified by the defendant as being more properly 
compared to the complainant in order to determine whether a violation of 
Sec. 76.1001(a) or Sec. 76.1002(b) has occurred. The analysis of 
whether an alternative multichannel video programming distributor is 
properly comparable to the complainant includes consideration of, but is 
not limited to, such factors as whether the alternative multichannel 
video programming distributor operates within a geographic region 
proximate to the complainant, has roughly the same number of subscribers 
as the complainant, and purchases a similar service as the complainant. 
Such alternative multichannel video programming distributor, however, 
must use the same distribution technology as the ``competing'' 
distributor with whom the complainant seeks to compare itself.
    (k) Subdistribution agreement. The term ``subdistribution 
agreement'' means an arrangement by which a local cable operator is 
given the right by a satellite cable programming vendor or satellite 
broadcast programming vendor to distribute the vendor's programming to 
competing multichannel video programming distributors.
    (l) Terrestrial cable programming. The term ``terrestrial cable 
programming'' means video programming which is transmitted terrestrially 
or by any means other than satellite and which is primarily intended for 
direct receipt by cable operators for their retransmission to cable 
subscribers, except that such term does not include satellite broadcast 
programming or satellite cable programming.
    (m) Terrestrial cable programming vendor. The term ``terrestrial 
cable programming vendor'' means a person engaged in the production, 
creation, or wholesale distribution for sale of terrestrial cable 
programming, but does not include a satellite broadcast programming 
vendor or a satellite cable programming vendor.

[58 FR 27670, May 11, 1993, as amended at 61 FR 28708, June 5, 1996; 64 
FR 67197, Dec. 1, 1999; 69 FR 72046, Dec. 10, 2004; 75 FR 9723, Mar. 3, 
2010]



Sec. 76.1001  Unfair practices generally.

    (a) Unfair practices generally. No cable operator, satellite cable 
programming vendor in which a cable operator has an attributable 
interest, or satellite broadcast programming vendor shall engage in 
unfair methods of competition or unfair or deceptive acts or practices, 
the purpose or effect of which is to hinder significantly or prevent any 
multichannel video programming distributor from providing satellite 
cable programming or satellite broadcast programming to subscribers or 
consumers.
    (b) Unfair practices involving terrestrial cable programming and 
terrestrial cable programming vendors. (1) The phrase ``unfair methods 
of competition or unfair or deceptive acts or practices'' as

[[Page 682]]

used in paragraph (a) of this section includes, but is not limited to, 
the following:
    (i) Any effort or action by a cable operator that has an 
attributable interest in a terrestrial cable programming vendor to 
unduly or improperly influence the decision of such vendor to sell, or 
unduly or improperly influence such vendor's prices, terms, and 
conditions for the sale of, terrestrial cable programming to any 
unaffiliated multichannel video programming distributor.
    (ii) Discrimination in the prices, terms, or conditions of sale or 
delivery of terrestrial cable programming among or between competing 
cable systems, competing cable operators, or any competing multichannel 
video programming distributors, or their agents or buying groups, by a 
terrestrial cable programming vendor that is wholly owned by, controlled 
by, or under common control with a cable operator or cable operators, 
satellite cable programming vendor or vendors in which a cable operator 
has an attributable interest, or satellite broadcast programming vendor 
or vendors; except that the phrase does not include the practices set 
forth in Sec. 76.1002(b)(1) through (3). The cable operator or cable 
operators, satellite cable programming vendor or vendors in which a 
cable operator has an attributable interest, or satellite broadcast 
programming vendor or vendors that wholly own or control, or are under 
common control with, such terrestrial cable programming vendor shall be 
deemed responsible for such discrimination and any complaint based on 
such discrimination shall be filed against such cable operator, 
satellite cable programming vendor, or satellite broadcast programming 
vendor.
    (iii) Exclusive contracts, or any practice, activity, or arrangement 
tantamount to an exclusive contract, for terrestrial cable programming 
between a cable operator and a terrestrial cable programming vendor in 
which a cable operator has an attributable interest.
    (2) Any multichannel video programming distributor aggrieved by 
conduct described in paragraph (b)(1) of this section that it believes 
constitutes a violation of paragraph (a) of this section may commence an 
adjudicatory proceeding at the Commission to obtain enforcement of the 
rules through the filing of a complaint. The complaint shall be filed 
and responded to in accordance with the procedures specified in Sec. 
76.7, as modified by Sec. 76.1003, with the following additions or 
changes:
    (i) The defendant shall answer the complaint within forty-five (45) 
days of service of the complaint, unless otherwise directed by the 
Commission.
    (ii) The complainant shall have the burden of proof that the 
defendant's alleged conduct described in paragraph (b)(1) of this 
section has the purpose or effect of hindering significantly or 
preventing the complainant from providing satellite cable programming or 
satellite broadcast programming to subscribers or consumers. An answer 
to such a complaint shall set forth the defendant's reasons to support a 
finding that the complainant has not carried this burden.
    (iii) A complainant alleging that a terrestrial cable programming 
vendor has engaged in conduct described in paragraph (b)(1)(ii) of this 
section shall have the burden of proof that the terrestrial cable 
programming vendor is wholly owned by, controlled by, or under common 
control with a cable operator or cable operators, satellite cable 
programming vendor or vendors in which a cable operator has an 
attributable interest, or satellite broadcast programming vendor or 
vendors. An answer to such a complaint shall set forth the defendant's 
reasons to support a finding that the complainant has not carried this 
burden.

[75 FR 9723, Mar. 3, 2010]



Sec. 76.1002  Specific unfair practices prohibited.

    (a) Undue or improper influence. No cable operator that has an 
attributable interest in a satellite cable programming vendor or in a 
satellite broadcast programming vendor shall unduly or improperly 
influence the decision of such vendor to sell, or unduly or improperly 
influence such vendor's prices, terms and conditions for the sale of, 
satellite cable programming or satellite broadcast programming to any

[[Page 683]]

unaffiliated multichannel video programming distributor.
    (b) Discrimination in prices, terms or conditions. No satellite 
cable programming vendor in which a cable operator has an attributable 
interest, or satellite broadcast programming vendor, shall discriminate 
in the prices, terms, and conditions of sale or delivery of satellite 
cable programming or satellite broadcast programming among or between 
competing cable systems, competing cable operators, or any competing 
multichannel video programming distributors. Nothing in this subsection, 
however, shall preclude:
    (1) The imposition of reasonable requirements for creditworthiness, 
offering of service, and financial stability and standards regarding 
character and technical quality;

    Note 1: Vendors are permitted to create a distinct class or classes 
of service in pricing based on credit considerations or financial 
stability, although any such distinctions must be applied for reasons 
for other than a multichannel video programming distributor's 
technology. Vendors are not permitted to manifest factors such as 
creditworthiness or financial stability in price differentials if such 
factors are already taken into account through different terms or 
conditions such as special credit requirements or payment guarantees.
    Note 2: Vendors may establish price differentials based on factors 
related to offering of service, or difference related to the actual 
service exchanged between the vendor and the distributor, as manifested 
in standardly applied contract terms based on a distributor's particular 
characteristics or willingness to provide secondary services that are 
reflected as a discount or surcharge in the programming service's price. 
Such factors include, but are not limited to, penetration of programming 
to subscribers or to particular systems; retail price of programming to 
the consumer for pay services; amount and type of promotional or 
advertising services by a distributor; a distributor's purchase of 
programming in a package or a la carte; channel position; importance of 
location for non-volume reasons; prepayment discounts; contract 
duration; date of purchase, especially purchase of service at launch; 
meeting competition at the distributor level; and other legitimate 
factors as standardly applied in a technology neutral fashion.

    (2) The establishment of different prices, terms, and conditions to 
take into account actual and reasonable differences in the cost of 
creation, sale, delivery, or transmission of satellite cable 
programming, satellite broadcast programming, or terrestrial cable 
programming;

    Note: Vendors may base price differentials, in whole or in part, on 
differences in the cost of delivering a programming service to 
particular distributors, such as differences in costs, or additional 
costs, incurred for advertising expenses, copyright fees, customer 
service, and signal security. Vendors may base price differentials on 
cost differences that occur within a given technology as well as between 
technologies. A price differential for a program service may not be 
based on a distributor's retail costs in delivering service to 
subscribers unless the program vendor can demonstrate that subscribers 
do not or will not benefit from the distributor's cost savings that 
result from a lower programming price.

    (3) The establishment of different prices, terms, and conditions 
which take into account economies of scale, cost savings, or other 
direct and legitimate economic benefits reasonably attributable to the 
number of subscribers served by the distributor; or

    Note: Vendors may use volume-related justifications to establish 
price differentials to the extent that such justifications are made 
available to similarly situated distributors on a technology-neutral 
basis. When relying upon standardized volume-related factors that are 
made available to all multichannel video programming distributors using 
all technologies, the vendor may be required to demonstrate that such 
volume discounts are reasonably related to direct and legitimate 
economic benefits reasonably attributable to the number of subscribers 
served by the distributor if questions arise about the application of 
that discount. In such demonstrations, vendors will not be required to 
provide a strict cost justification for the structure of such standard 
volume-related factors, but may also identify non-cost economic benefits 
related to increased viewership.

    (4) Entering into exclusive contracts in areas that are permitted 
under paragraphs (c)(2) and (c)(4) of this section.
    (c) Exclusive contracts and practices--(1) Unserved areas. No cable 
operator shall engage in any practice or activity or enter into any 
understanding or arrangement, including exclusive contracts, with a 
satellite cable programming vendor or satellite broadcast programming 
vendor for satellite cable programming or satellite broadcast

[[Page 684]]

programming that prevents a multichannel video programming distributor 
from obtaining such programming from any satellite cable programming 
vendor in which a cable operator has an attributable interest, or any 
satellite broadcast programming vendor in which a cable operator has an 
attributable interest for distribution to persons in areas not served by 
a cable operator as of October 5, 1992.
    (2) [Reserved]
    (3) Specific arrangements: Subdistribution agreements--(i) Unserved 
areas. No cable operator shall enter into any subdistribution agreement 
or arrangement for satellite cable programming or satellite broadcast 
programming with a satellite cable programming vendor in which a cable 
operator has an attributable interest or a satellite broadcast 
programming vendor in which a cable operator has an attributable 
interest for distribution to persons in areas not served by a cable 
operator as of October 5, 1992 unless such agreement or arrangement 
complies with the limitations set forth in paragraph (c)(3)(ii) of this 
section.
    (ii) Limitations on subdistribution agreements in unserved areas. No 
cable operator engaged in subdistribution of satellite cable programming 
or satellite broadcast programming may require a competing multichannel 
video programming distributor to
    (A) Purchase additional or unrelated programming as a condition of 
such subdistribution; or
    (B) Provide access to private property in exchange for access to 
programming. In addition, a subdistributor may not charge a competing 
multichannel video programming distributor more for said programming 
than the satellite cable programming vendor or satellite broadcast 
programming vendor itself would be permitted to charge. Any cable 
operator acting as a subdistributor of satellite cable programming or 
satellite broadcast programming must respond to a request for access to 
such programming by a competing multichannel video programming 
distributor within fifteen (15) days of the request. If the request is 
denied, the competing multichannel video programming distributor must be 
permitted to negotiate directly with the satellite cable programming 
vendor or satellite broadcast programming vendor.
    (4) Public interest determination. In determining whether an 
exclusive contract is in the public interest for purposes of paragraph 
(c)(5) of this section, the Commission will consider each of the 
following factors with respect to the effect of such contract on the 
distribution of video programming in areas that are served by a cable 
operator:
    (i) The effect of such exclusive contract on the development of 
competition in local and national multichannel video programming 
distribution markets;
    (ii) The effect of such exclusive contract on competition from 
multichannel video programming distribution technologies other than 
cable;
    (iii) The effect of such exclusive contract on the attraction of 
capital investment in the production and distribution of new satellite 
cable programming;
    (iv) The effect of such exclusive contract on diversity of 
programming in the multichannel video programming distribution market; 
and
    (v) The duration of the exclusive contract.
    (5) Commission approval required. Any cable operator, satellite 
cable programming vendor in which a cable operator has an attributable 
interest, or satellite broadcast programming vendor in which a cable 
operator has an attributable interest must submit a ``Petition for 
Exclusivity'' to the Commission and receive approval from the Commission 
to preclude the filing of complaints alleging that an exclusive contract 
with respect to areas served by a cable operator violates section 
628(c)(2)(B) of the Communications Act of 1934, as amended, and 
paragraph (b) of this section.
    (i) The petition for exclusivity shall contain those portions of the 
contract relevant to exclusivity, including:
    (A) A description of the programming service;
    (B) The extent and duration of exclusivity proposed; and
    (C) Any other terms or provisions directly related to exclusivity or 
to any of the criteria set forth in paragraph

[[Page 685]]

(c)(4) of this section. The petition for exclusivity shall also include 
a statement setting forth the petitioner's reasons to support a finding 
that the contract is in the public interest, addressing each of the five 
factors set forth in paragraph (c)(4) of this section.
    (ii) Any competing multichannel video programming distributor 
affected by the proposed exclusivity may file an opposition to the 
petition for exclusivity within thirty (30) days of the date on which 
the petition is placed on public notice, setting forth its reasons to 
support a finding that the contract is not in the public interest under 
the criteria set forth in paragraph (c)(4) of this section. Any such 
formal opposition must be served on petitioner on the same day on which 
it is filed with the Commission.
    (iii) The petitioner may file a response within ten (10) days of 
receipt of any formal opposition. The Commission will then approve or 
deny the petition for exclusivity.
    (d) Limitations--(1) Geographic limitations. Nothing in this section 
shall require any person who is engaged in the national or regional 
distribution of video programming to make such programming available in 
any geographic area beyond which such programming has been authorized or 
licensed for distribution.
    (2) Applicability to satellite retransmissions. Nothing in this 
section shall apply:
    (i) To the signal of any broadcast affiliate of a national 
television network or other television signal that is retransmitted by 
satellite but that is not satellite broadcast programming; or
    (ii) To any internal satellite communication of any broadcast 
network or cable network that is not satellite broadcast programming.
    (e) Exemptions for prior contracts--(1) In general. Nothing in this 
section shall affect any contract that grants exclusive distribution 
rights to any person with respect to satellite cable programming and 
that was entered into or before June 1, 1990, except that the provisions 
of paragraph (c)(1) of this section shall apply for distribution to 
persons in areas not served by a cable operator.
    (2) Limitation on renewals. A contract that was entered into on or 
before June 1, 1990, but that was renewed or extended after October 5, 
1992, shall not be exempt under paragraph (e)(1) of this section.
    (f) Application to existing contracts. All contracts, except those 
specified in paragraph (e) of this section, related to the provision of 
satellite cable programming or satellite broadcast programming to any 
multichannel video programming distributor must be brought into 
compliance with the requirements specified in this subpart no later than 
November 15, 1993.

[58 FR 27671, May 11, 1993, as amended at 59 FR 66259, Dec. 23, 1994; 67 
FR 42951, July 30, 2002; 72 FR 56661, Oct. 4, 2007; 75 FR 9724, Mar. 3, 
2010; 77 FR 66048, Oct. 31, 2012]



Sec. 76.1003  Program access proceedings

    (a) Complaints. Any multichannel video programming distributor 
aggrieved by conduct that it believes constitute a violation of the 
regulations set forth in this subpart may commence an adjudicatory 
proceeding at the Commission to obtain enforcement of the rules through 
the filing of a complaint. The complaint shall be filed and responded to 
in accordance with the procedures specified in Sec. 76.7 of this part 
with the following additions or changes:
    (b) Prefiling notice required. Any aggrieved multichannel video 
programming distributor intending to file a complaint under this section 
must first notify the potential defendant cable operator, and/or the 
potential defendant satellite cable programming vendor or satellite 
broadcast programming vendor, that it intends to file a complaint with 
the Commission based on actions alleged to violate one or more of the 
provisions contained in Sec. 76.1001 or Sec. 76.1002 of this part. The 
notice must be sufficiently detailed so that its recipient(s) can 
determine the specific nature of the potential complaint. The potential 
complainant must allow a minimum of ten (10) days for the potential 
defendant(s) to respond before filing a complaint with the Commission.
    (c) Contents of complaint. In addition to the requirements of Sec. 
76.7 of this part, a program access complaint shall contain:

[[Page 686]]

    (1) The type of multichannel video programming distributor that 
describes complainant, the address and telephone number of the 
complainant, whether the defendant is a cable operator, satellite 
broadcast programming vendor or satellite cable programming vendor 
(describing each defendant), and the address and telephone number of 
each defendant;
    (2) Evidence that supports complainant's belief that the defendant, 
where necessary, meets the attribution standards for application of the 
program access requirements;
    (3) Evidence that the complainant competes with the defendant cable 
operator, or with a multichannel video programming distributor that is a 
customer of the defendant satellite cable programming or satellite 
broadcast programming vendor or a terrestrial cable programming vendor 
alleged to have engaged in conduct described in Sec. 76.1001(b)(1);
    (4) In complaints alleging discrimination, documentary evidence such 
as a rate card or a programming contract that demonstrates a 
differential in price, terms or conditions between complainant and a 
competing multichannel video programming distributor or, if no 
programming contract or rate card is submitted with the complaint, an 
affidavit signed by an officer of complainant alleging that a 
differential in price, terms or conditions exits, a description of the 
nature and extent (if known or reasonably estimated by the complainant) 
of the differential, together with a statement that defendant refused to 
provide any further specific comparative information;
    (5) If a programming contract or a rate card is submitted with the 
complaint in support of the alleged violation, specific references to 
the relevant provisions therein;
    (6) In complaints alleging exclusivity violations:
    (i) The identity of both the programmer and cable operator who are 
parties to the alleged prohibited agreement,
    (ii) Evidence that complainant can or does serve the area specified 
in the complaint, and
    (iii) Evidence that the complainant has requested to purchase the 
relevant programming and has been refused or unanswered;
    (7) In complaints alleging a violation of Sec. 76.1001 of this 
part, evidence demonstrating that the behavior complained of has harmed 
complainant.
    (8) The complaint must be accompanied by appropriate evidence 
demonstrating that the required notification pursuant to paragraph (a) 
of this section has been made.
    (d) Damages requests. (1) In a case where recovery of damages is 
sought, the complaint shall contain a clear and unequivocal request for 
damages and appropriate allegations in support of such claim in 
accordance with the requirements of paragraph (d)(3) of this section.
    (2) Damages will not be awarded upon a complaint unless specifically 
requested. Damages may be awarded if the complaint complies fully with 
the requirement of paragraph (d)(3) of this section where the defendant 
knew, or should have known that it was engaging in conduct violative of 
section 628.
    (3) In all cases in which recovery of damages is sought, the 
complainant shall include within, or as an attachment to, the complaint, 
either:
    (i) A computation of each and every category of damages for which 
recovery is sought, along with an identification of all relevant 
documents and materials or such other evidence to be used by the 
complainant to determine the amount of such damages; or
    (ii) An explanation of:
    (A) The information not in the possession of the complaining party 
that is necessary to develop a detailed computation of damages;
    (B) The reason such information is unavailable to the complaining 
party;
    (C) The factual basis the complainant has for believing that such 
evidence of damages exists; and
    (D) A detailed outline of the methodology that would be used to 
create a computation of damages when such evidence is available.
    (e) Answer. (1) Except as otherwise provided or directed by the 
Commission, any cable operator, satellite cable programming vendor or 
satellite broadcast programming vendor upon which a program access 
complaint is served under this section shall answer within

[[Page 687]]

twenty (20) days of service of the complaint, provided that the answer 
shall be filed within forty-five (45) days of service of the complaint 
if the complaint alleges a violation of section 628(b) of the 
Communications Act of 1934, as amended, or Sec. 76.1001(a). To the 
extent that a cable operator, satellite cable programming vendor or 
satellite broadcast programming vendor expressly references and relies 
upon a document or documents in asserting a defense or responding to a 
material allegation, such document or documents shall be included as 
part of the answer.
    (2) An answer to an exclusivity complaint shall provide the 
defendant's reasons for refusing to sell the subject programming to the 
complainant. In addition, the defendant may submit its programming 
contracts covering the area specified in the complaint with its answer 
to refute allegations concerning the existence of an impermissible 
exclusive contract. If there are no contracts governing the specified 
area, the defendant shall so certify in its answer. Any contracts 
submitted pursuant to this provision may be protected as proprietary 
pursuant to Sec. 76.9 of this part.
    (3) An answer to a discrimination complaint shall state the reasons 
for any differential in prices, terms or conditions between the 
complainant and its competitor, and shall specify the particular 
justification set forth in Sec. 76.1002(b) of this part relied upon in 
support of the differential.
    (i) When responding to allegations concerning price discrimination, 
except in cases in which the alleged price differential is de minimis 
(less than or equal to five cents per subscriber or five percent, 
whichever is greater), the defendant shall provide documentary evidence 
to support any argument that the magnitude of the differential is not 
discriminatory.
    (ii) In cases involving a price differential of less than or equal 
to five cents per subscriber or five percent, whichever is greater, the 
answer shall identify the differential as de minimis and state that the 
defendant is therefore not required to justify the magnitude of the 
differential.
    (iii) If the defendant believes that the complainant and its 
competitor are not sufficiently similar, the answer shall set forth the 
reasons supporting this conclusion, and the defendant may submit an 
alternative contract for comparison with a similarly situated 
multichannel video programming distributor that uses the same 
distribution technology as the competitor selected for comparison by the 
complainant. The answer shall state the defendant's reasons for any 
differential between the prices, terms and conditions between the 
complainant and such similarly situated distributor, and shall specify 
the particular justifications in Sec. 76.1002(b) of this part relied 
upon in support of the differential. The defendant shall also provide 
with its answer written documentary evidence to support its 
justification of the magnitude of any price differential between the 
complainant and such similarly situated distributor that is not de 
minimis.
    (4) An answer to a complaint alleging an unreasonable refusal to 
sell programming shall state the defendant's reasons for refusing to 
sell to the complainant, or for refusing to sell to the complainant on 
the same terms and conditions as complainant's competitor, and shall 
specify why the defendant's actions are not discriminatory.
    (f) Reply. Within fifteen (15) days after service of an answer, 
unless otherwise directed by the Commission, the complainant may file 
and serve a reply which shall be responsive to matters contained in the 
answer and shall not contain new matters.
    (g) Time limit on filing of complaints. Any complaint filed pursuant 
to this subsection must be filed within one year of the date on which 
one of the following events occurs:
    (1) The satellite cable programming vendor, satellite broadcast 
programming vendor, or terrestrial cable programming vendor enters into 
a contract with the complainant that the complainant alleges to violate 
one or more of the rules contained in this subpart; or
    (2) The satellite cable programming vendor, satellite broadcast 
programming vendor, or terrestrial cable programming vendor offers to 
sell programming to the complainant pursuant to terms that the 
complainant alleges to violate one or more of the rules contained in 
this subpart, and such offer

[[Page 688]]

to sell programming is unrelated to any existing contract between the 
complainant and the satellite cable programming vendor, satellite 
broadcast programming vendor, or terrestrial cable programming vendor; 
or
    (3) A cable operator, or a satellite cable programming vendor or a 
satellite broadcast programming vendor has denied or failed to 
acknowledge a request to purchase or negotiate to purchase satellite 
cable programming, satellite broadcast programming, or terrestrial cable 
programming, or a request to amend an existing contract pertaining to 
such programming pursuant to Sec. 76.1002(f), allegedly in violation of 
one or more of the rules contained in this subpart.
    (h) Remedies for violations--(1) Remedies authorized. Upon 
completion of such adjudicatory proceeding, the Commission, Commission 
staff, or Administrative Law Judge shall order appropriate remedies, 
including, if necessary, the imposition of damages, and/or the 
establishment of prices, terms, and conditions for the sale of 
programming to the aggrieved multichannel video programming distributor. 
Such order shall set forth a timetable for compliance. Such order issued 
by the Commission or Commission staff shall be effective upon release. 
See Sec. Sec. 1.102(b) and 1.103 of this chapter. The effective date of 
such order issued by the Administrative Law Judge is set forth in Sec. 
1.276(d) of this chapter.
    (2) Additional sanctions. The remedies provided in paragraph (h)(1) 
of this section are in addition to and not in lieu of the sanctions 
available under title V or any other provision of the Communications 
Act.
    (3) Imposition of damages. (i) Bifurcation. In all cases in which 
damages are requested, the Commission may bifurcate the program access 
violation determination from any damage adjudication.
    (ii) Burden of proof. The burden of proof regarding damages rests 
with the complainant, who must demonstrate with specificity the damages 
arising from the program access violation. Requests for damages that 
grossly overstate the amount of damages may result in a Commission 
determination that the complainant failed to satisfy its burden of proof 
to demonstrate with specificity the damages arising from the program 
access violation.
    (iii) Damages adjudication. (A) The Commission may, in its 
discretion, end adjudication of damages with a written order determining 
the sufficiency of the damages computation submitted in accordance with 
paragraph (d)(3)(i) of this section or the damages computation 
methodology submitted in accordance with paragraph (d)(3)(ii)(D) of this 
section, modifying such computation or methodology, or requiring the 
complainant to resubmit such computation or methodology.
    (1) Where the Commission issues a written order approving or 
modifying a damages computation submitted in accordance with paragraph 
(d)(3)(i) of this section, the defendant shall recompense the 
complainant as directed therein.
    (2) Where the Commission issues a written order approving or 
modifying a damages computation methodology submitted in accordance with 
paragraph (d)(3)(ii)(D) of this section, the parties shall negotiate in 
good faith to reach an agreement on the exact amount of damages pursuant 
to the Commission-mandated methodology.
    (B) Within thirty days of the issuance of a paragraph (d)(3)(ii)(D) 
of this section damages methodology order, the parties shall submit 
jointly to the Commission either:
    (1) A statement detailing the parties' agreement as to the amount of 
damages;
    (2) A statement that the parties are continuing to negotiate in good 
faith and a request that the parties be given an extension of time to 
continue negotiations; or
    (3) A statement detailing the bases for the continuing dispute and 
the reasons why no agreement can be reached.
    (C)(1) In cases in which the parties cannot resolve the amount of 
damages within a reasonable time period, the Commission retains the 
right to determine the actual amount of damages on its own, or through 
the procedures described in paragraph (h)(3)(iii)(C)(2) of this section.
    (2) Issues concerning the amount of damages may be designated by the 
Chief, Media Bureau for hearing before,

[[Page 689]]

or, if the parties agree, submitted for mediation to, a Commission 
Administrative Law Judge.
    (D) Interest on the amount of damages awarded will accrue from 
either the date indicated in the Commission's written order issued 
pursuant to paragraph (h)(3)(iii)(A)(1) of this section or the date 
agreed upon by the parties as a result of their negotiations pursuant to 
paragraph (h)(3)(iii)(A)(2) of this section. Interest shall be computed 
at applicable rates published by the Internal Revenue Service for tax 
refunds.
    (i) Alternative dispute resolution. Within 20 days of the close of 
the pleading cycle, the parties to the program access dispute may 
voluntarily engage in alternative dispute resolution, including 
commercial arbitration. The Commission will suspend action on the 
complaint if both parties agree to use alternative dispute resolution.
    (j) Discovery. In addition to the general pleading and discovery 
rules contained in Sec. 76.7, parties to a program access complaint may 
serve requests for discovery directly on opposing parties, and file a 
copy of the request with the Commission. The respondent shall have the 
opportunity to object to any request for documents that are not in its 
control or relevant to the dispute or protected from disclosure by the 
attorney-client privilege, the work-product doctrine, or other 
recognized protections from disclosure. Such request shall be heard, and 
determination made, by the Commission. Until the objection is ruled 
upon, the obligation to produce the disputed material is suspended. Any 
party who fails to timely provide discovery requested by the opposing 
party to which it has not raised an objection as described above, or who 
fails to respond to a Commission order for discovery material, may be 
deemed in default and an order may be entered in accordance with the 
allegations contained in the complaint, or the complaint may be 
dismissed with prejudice.
    (k) Protective orders. In addition to the procedures contained in 
Sec. 76.9 of this part related to the protection of confidential 
material, the Commission may issue orders to protect the confidentiality 
of proprietary information required to be produced for resolution of 
program access complaints. A protective order constitutes both an order 
of the Commission and an agreement between the party executing the 
protective order declaration and the party submitting the protected 
material. The Commission has full authority to fashion appropriate 
sanctions for violations of its protective orders, including but not 
limited to suspension or disbarment of attorneys from practice before 
the Commission, forfeitures, cease and desist orders, and denial of 
further access to confidential information in Commission proceedings.
    (l) Petitions for temporary standstill. (1) A program access 
complainant seeking renewal of an existing programming contract may file 
a petition along with its complaint requesting a temporary standstill of 
the price, terms, and other conditions of the existing programming 
contract pending resolution of the complaint. In addition to the 
requirements of Sec. 76.7, the complainant shall have the burden of 
proof to demonstrate the following in its petition:
    (i) The complainant is likely to prevail on the merits of its 
complaint;
    (ii) The complainant will suffer irreparable harm absent a stay;
    (iii) Grant of a stay will not substantially harm other interested 
parties; and
    (iv) The public interest favors grant of a stay.
    (2) The defendant cable operator, satellite cable programming vendor 
or satellite broadcast programming vendor upon which a petition for 
temporary standstill is served shall answer within ten (10) days of 
service of the petition, unless otherwise directed by the Commission.
    (3) If the Commission grants the temporary standstill, the 
Commission's decision acting on the complaint will provide for remedies 
that make the terms of the new agreement between the parties retroactive 
to the expiration date of the previous programming contract.
    (m) Deadline for Media Bureau action on complaints alleging a denial 
of programming. For complaints alleging a denial of programming, the 
Chief, Media Bureau shall release a decision resolving the complaint 
within six (6)

[[Page 690]]

months from the date the complaint is filed.

[64 FR 6572, Feb. 10, 1999, as amended at 67 FR 13235, Mar. 21, 2002; 72 
FR 56661, Oct. 4, 2007; 75 FR 9724, Mar. 3, 2010; 77 FR 66048, Oct. 31, 
2012; 85 FR 81812, Dec. 17, 2020]



Sec. 76.1004  Applicability of program access rules to common carriers and affiliates.

    (a) Any provision that applies to a cable operator under Sec. Sec. 
76.1000 through 76.1003 shall also apply to a common carrier or its 
affiliate that provides video programming by any means directly to 
subscribers. Any such provision that applies to a satellite cable 
programming vendor in which a cable operator has an attributable 
interest shall apply to any satellite cable programming vendor in which 
such common carrier has an attributable interest. For the purposes of 
this section, two or fewer common officers or directors shall not by 
itself establish an attributable interest by a common carrier in a 
satellite cable programming vendor (or its parent company) or a 
terrestrial cable programming vendor (or its parent company).
    (b) Sections 76.1002(c)(1) through (3) shall be applied to a common 
carrier or its affiliate that provides video programming by any means 
directly to subscribers as follows: No common carrier or its affiliate 
that provides video programming directly to subscribers shall engage in 
any practice or activity or enter into any understanding or arrangement, 
including exclusive contracts, with a satellite cable programming vendor 
or satellite broadcast programming vendor for satellite cable 
programming or satellite broadcast programming that prevents a 
multichannel video programming distributor from obtaining such 
programming from any satellite cable programming vendor in which a 
common carrier or its affiliate has an attributable interest, or any 
satellite broadcasting vendor in which a common carrier or its affiliate 
has an attributable interest for distribution to persons in areas not 
served by a cable operator as of October 5, 1992.

[61 FR 18980, Apr. 30, 1996, as amended at 61 FR 28708, June 5, 1996; 75 
FR 9724, Mar. 3, 2010; 77 FR 66048, Oct. 31, 2012]



Sec. Sec. 76.1005-76.1010  [Reserved]



        Subpart P_Competitive Availability of Navigation Devices

    Source: 63 FR 38094, July 15, 1998, unless otherwise noted.



Sec. 76.1200  Definitions.

    As used in this subpart:
    (a) Multichannel video programming system. A distribution system 
that makes available for purchase, by customers or subscribers, multiple 
channels of video programming other than an open video system as defined 
by Sec. 76.1500(a). Such systems include, but are not limited to, cable 
television systems, BRS/EBS systems, direct broadcast satellite systems, 
other systems for providing direct-to-home multichannel video 
programming via satellite, and satellite master antenna systems.
    (b) Multichannel video programming distributor. A person such as, 
but not limited to, a cable operator, a BRS/EBS provider, a direct 
broadcast satellite service, or a television receive-only satellite 
program distributor, who owns or operates a multichannel video 
programming system.
    (c) Navigation devices. Devices such as converter boxes, interactive 
communications equipment, and other equipment used by consumers to 
access multichannel video programming and other services offered over 
multichannel video programming systems.
    (d) Affiliate. A person or entity that (directly or indirectly) owns 
or controls, is owned or controlled by, or is under common ownership or 
control with, another person, as defined in the notes accompanying Sec. 
76.501.
    (e) Conditional access. The mechanisms that provide for selective 
access and denial of specific services and make use of signal security 
that can prevent a signal from being received except by authorized 
users.

[63 FR 38094, July 15, 1998, as amended at 69 FR 72046, Dec. 10, 2004]

[[Page 691]]



Sec. 76.1201  Rights of subscribers to use or attach navigation devices.

    No multichannel video programming distributor shall prevent the 
connection or use of navigation devices to or with its multichannel 
video programming system, except in those circumstances where electronic 
or physical harm would be caused by the attachment or operation of such 
devices or such devices may be used to assist or are intended or 
designed to assist in the unauthorized receipt of service.



Sec. 76.1202  Availability of navigation devices.

    No multichannel video programming distributor shall by contract, 
agreement, patent right, intellectual property right or otherwise 
prevent navigation devices that do not perform conditional access or 
security functions from being made available to subscribers from 
retailers, manufacturers, or other vendors that are unaffiliated with 
such owner or operator, subject to Sec. 76.1209.



Sec. 76.1203  Incidence of harm.

    A multichannel video programming distributor may restrict the 
attachment or use of navigation devices with its system in those 
circumstances where electronic or physical harm would be caused by the 
attachment or operation of such devices or such devices that assist or 
are intended or designed to assist in the unauthorized receipt of 
service. Such restrictions may be accomplished by publishing and 
providing to subscribers standards and descriptions of devices that may 
not be used with or attached to its system. Such standards shall 
foreclose the attachment or use only of such devices as raise reasonable 
and legitimate concerns of electronic or physical harm or theft of 
service. In any situation where theft of service or harm occurs or is 
likely to occur, service may be discontinued.



Sec. 76.1204  Availability of equipment performing conditional access or security functions.

    (a)(1) A multichannel video programming distributor that utilizes 
Navigation Devices to perform conditional access functions shall make 
available equipment that incorporates only the conditional access 
functions of such devices.
    (2) The foregoing requirement shall not apply to a multichannel 
video programming distributor that supports the active use by 
subscribers of Navigation Devices that:
    (i) Operate throughout the continental United States, and
    (ii) Are available from retail outlets and other vendors throughout 
the United States that are not affiliated with the owner or operator of 
the multichannel video programming system.
    (b) Conditional access function equipment made available pursuant to 
paragraph (a)(1) of this section shall be designed to connect to and 
function with other Navigation Devices available through the use of a 
commonly used interface or an interface that conforms to appropriate 
technical standards promulgated by a national standards organization.
    (c) No multichannel video programming distributor shall by contract, 
agreement, patent, intellectual property right or otherwise preclude the 
addition of features or functions to the equipment made available 
pursuant to this section that are not designed, intended or function to 
defeat the conditional access controls of such devices or to provide 
unauthorized access to service.
    (d) Notwithstanding the foregoing, Navigation Devices need not be 
made available pursuant to this section where:
    (1) It is not reasonably feasible to prevent such devices from being 
used for the unauthorized reception of service; or
    (2) It is not reasonably feasible to separate conditional access 
from other functions without jeopardizing security.
    (e) Paragraphs (a)(1), (b), and (c) of this section shall not apply 
to the provision of any Navigation Device that:
    (1) Employs conditional access mechanisms only to access analog 
video programming;
    (2) Is capable only of providing access to analog video programming 
offered over a multichannel video programming distribution system; and

[[Page 692]]

    (3) Does not provide access to any digital transmission of 
multichannel video programming or any other digital service through any 
receiving, decoding, conditional access, or other function, including 
any conversion of digital programming or service to an analog format.

[81 FR 13997, Mar. 16, 2016]



Sec. 76.1205  Availability of interface information.

    Technical information concerning interface parameters that are 
needed to permit navigation devices to operate with multichannel video 
programming systems shall be provided by the system operator upon 
request in a timely manner.

[85 FR 78239, Dec. 4, 2020]



Sec. 76.1206  Equipment sale or lease charge subsidy prohibition.

    Multichannel video programming distributors offering navigation 
devices subject to the provisions of Sec. 76.923 for sale or lease 
directly to subscribers, shall adhere to the standards reflected therein 
relating to rates for equipment and installation and shall separately 
state the charges to consumers for such services and equipment.



Sec. 76.1207  Waivers.

    The Commission may waive a regulation adopted under this subpart for 
a limited time, upon an appropriate showing by a provider of 
multichannel video programming and other services offered over 
multichannel video programming systems, or an equipment provider that 
such a waiver is necessary to assist the development or introduction of 
a new or improved multichannel video programming or other service 
offered over multichannel video programming systems, technology, or 
products. Such waiver requests should be made pursuant to Sec. 76.7. 
Such a waiver shall be effective for all service providers and products 
in the category in which the waiver is granted.



Sec. 76.1208  Sunset of regulations.

    The regulations adopted under this subpart shall cease to apply when 
the Commission determines that (1) the market for multichannel video 
distributors is fully competitive; (2) the market for converter boxes, 
and interactive communications equipment, used in conjunction with that 
service is fully competitive; and (3) elimination of the regulations 
would promote competition and the public interest. Any interested party 
may petition the Commission for such a determination.



Sec. 76.1209  Theft of service.

    Nothing in this subpart shall be construed to authorize or justify 
any use, manufacture, or importation of equipment that would violate 47 
U.S.C. 553 or any other provision of law intended to preclude the 
unauthorized reception of multichannel video programming service.



Sec. 76.1210  Effect on other rules.

    Nothing in this subpart affects Sec. 64.702(d) of the Commission's 
regulations or other Commission regulations governing interconnection 
and competitive provision of customer premises equipment used in 
connection with basic common carrier communications services.



               Subpart Q_Regulation of Carriage Agreements

    Source: 58 FR 60395, Nov. 16, 1993, unless otherwise noted.



Sec. 76.1300  Definitions.

    As used in this subpart:
    (a) Affiliated. For purposes of this subpart, entities are 
affiliated if either entity has an attributable interest in the other or 
if a third party has an attributable interest in both entities.
    (b) Attributable interest. The term ``attributable interest'' shall 
be defined by reference to the criteria set forth in Notes 1 through 5 
to Sec. 76.501 provided, however, that:
    (1) The limited partner and LLC/LLP/RLLP insulation provisions of 
Note 2(f) shall not apply; and
    (2) The provisions of Note 2(a) regarding five (5) percent interests 
shall include all voting or nonvoting stock or limited partnership 
equity interests of five (5) percent or more.
    (c) Buying groups. The term ``buying group'' or ``agent,'' for 
purposes of the

[[Page 693]]

definition of a multichannel video programming distributor set forth in 
paragraph (e) of this section, means an entity representing the 
interests of more than one entity distributing multichannel video 
programming that:
    (1) Agrees to be financially liable for any fees due pursuant to a 
satellite cable programming, or satellite broadcast programming, 
contract which it signs as a contracting party as a representative of 
its members or whose members, as contracting parties, agree to joint and 
several liability; and
    (2) Agrees to uniform billing and standardized contract provisions 
for individual members; and
    (3) Agrees either collectively or individually on reasonable 
technical quality standards for the individual members of the group.
    (d) Multichannel video programming distributor. The term 
``multichannel video programming distributor'' means an entity engaged 
in the business of making available for purchase, by subscribers or 
customers, multiple channels of video programming. Such entities 
include, but are not limited to, a cable operator, a BRS/EBS provider, a 
direct broadcast satellite service, a television receive-only satellite 
program distributor, and a satellite master antenna television system 
operator, as well as buying groups or agents of all such entities.
    (e) Video programming vendor. The term ``video programming vendor'' 
means a person engaged in the production, creation, or wholesale 
distribution of video programming for sale.

[58 FR 60395, Nov. 16, 1993, as amended at 64 FR 67197, Dec. 1, 1999; 69 
FR 72046, Dec. 10, 2004]



Sec. 76.1301  Prohibited practices.

    (a) Financial interest. No cable operator or other multichannel 
video programming distributor shall require a financial interest in any 
program service as a condition for carriage on one or more of such 
operator's/provider's systems.
    (b) Exclusive rights. No cable operator or other multichannel video 
programming distributor shall coerce any video programming vendor to 
provide, or retaliate against such a vendor for failing to provide, 
exclusive rights against any other multichannel video programming 
distributor as a condition for carriage on a system.
    (c) Discrimination. No multichannel video programming distributor 
shall engage in conduct the effect of which is to unreasonably restrain 
the ability of an unaffiliated video programming vendor to compete 
fairly by discriminating in video programming distribution on the basis 
of affiliation or non-affiliation of vendors in the selection, terms, or 
conditions for carriage of video programming provided by such vendors.



Sec. 76.1302  Carriage agreement proceedings.

    (a) Complaints. Any video programming vendor or multichannel video 
programming distributor aggrieved by conduct that it believes constitute 
a violation of the regulations set forth in this subpart may commence an 
adjudicatory proceeding at the Commission to obtain enforcement of the 
rules through the filing of a complaint. The complaint shall be filed 
and responded to in accordance with the procedures specified in Sec. 
76.7 of this part with the following additions or changes:
    (b) Prefiling notice required. Any aggrieved video programming 
vendor or multichannel video programming distributor intending to file a 
complaint under this section must first notify the potential defendant 
multichannel video programming distributor that it intends to file a 
complaint with the Commission based on actions alleged to violate one or 
more of the provisions contained in Sec. 76.1301 of this part. The 
notice must be sufficiently detailed so that its recipient(s) can 
determine the specific nature of the potential complaint. The potential 
complainant must allow a minimum of ten (10) days for the potential 
defendant(s) to respond before filing a complaint with the Commission.
    (c) Contents of complaint. In addition to the requirements of Sec. 
76.7, a carriage agreement complaint shall contain:
    (1) Whether the complainant is a multichannel video programming 
distributor or video programming vendor, and, in the case of a 
multichannel video programming distributor, identify the type of 
multichannel video

[[Page 694]]

programming distributor, the address and telephone number of the 
complainant, what type of multichannel video programming distributor the 
defendant is, and the address and telephone number of each defendant;
    (2) Evidence that supports complainant's belief that the defendant, 
where necessary, meets the attribution standards for application of the 
carriage agreement regulations;
    (3) The complaint must be accompanied by appropriate evidence 
demonstrating that the required notification pursuant to paragraph (b) 
of this section has been made.
    (d) Prima facie case. In order to establish a prima facie case of a 
violation of Sec. 76.1301, the complaint must contain evidence of the 
following:
    (1) The complainant is a video programming vendor as defined in 
section 616(b) of the Communications Act of 1934, as amended, and Sec. 
76.1300(e) or a multichannel video programming distributor as defined in 
section 602(13) of the Communications Act of 1934, as amended, and Sec. 
76.1300(d);
    (2) The defendant is a multichannel video programming distributor as 
defined in section 602(13) of the Communications Act of 1934, as 
amended, and Sec. 76.1300(d); and
    (3)(i) Financial interest. In a complaint alleging a violation of 
Sec. 76.1301(a), documentary evidence or testimonial evidence 
(supported by an affidavit from a representative of the complainant) 
that supports the claim that the defendant required a financial interest 
in any program service as a condition for carriage on one or more of 
such defendant's systems.
    (ii) Exclusive rights. In a complaint alleging a violation of Sec. 
76.1301(b), documentary evidence or testimonial evidence (supported by 
an affidavit from a representative of the complainant) that supports the 
claim that the defendant coerced a video programming vendor to provide, 
or retaliated against such a vendor for failing to provide, exclusive 
rights against any other multichannel video programming distributor as a 
condition for carriage on a system.
    (iii) Discrimination. In a complaint alleging a violation of Sec. 
76.1301(c):
    (A) Evidence that the conduct alleged has the effect of unreasonably 
restraining the ability of an unaffiliated video programming vendor to 
compete fairly; and
    (B) (1) Documentary evidence or testimonial evidence (supported by 
an affidavit from a representative of the complainant) that supports the 
claim that the defendant discriminated in video programming distribution 
on the basis of affiliation or non-affiliation of vendors in the 
selection, terms, or conditions for carriage of video programming 
provided by such vendors; or
    (2) (i) Evidence that the complainant provides video programming 
that is similarly situated to video programming provided by a video 
programming vendor affiliated (as defined in Sec. 76.1300(a)) with the 
defendant multichannel video programming distributor, based on a 
combination of factors, such as genre, ratings, license fee, target 
audience, target advertisers, target programming, and other factors; and
    (ii) Evidence that the defendant multichannel video programming 
distributor has treated the video programming provided by the 
complainant differently than the similarly situated, affiliated video 
programming described in paragraph (d)(3)(iii)(B)(2)(i) of this section 
with respect to the selection, terms, or conditions for carriage.
    (e) Answer. (1) Any multichannel video programming distributor upon 
which a carriage agreement complaint is served under this section shall 
answer within sixty (60) days of service of the complaint, unless 
otherwise directed by the Commission.
    (2) The answer shall address the relief requested in the complaint, 
including legal and documentary support, for such response, and may 
include an alternative relief proposal without any prejudice to any 
denials or defenses raised.
    (f) Reply. Within twenty (20) days after service of an answer, 
unless otherwise directed by the Commission, the complainant may file 
and serve a reply which shall be responsive to matters contained in the 
answer and shall not contain new matters.
    (g) Prima facie determination. (1) Within sixty (60) calendar days 
after the complainant's reply to the defendant's answer is filed (or the 
date on which

[[Page 695]]

the reply would be due if none is filed), the Chief, Media Bureau shall 
release a decision determining whether the complainant has established a 
prima facie case of a violation of Sec. 76.1301.
    (2) The Chief, Media Bureau may toll the sixty (60)-calendar-day 
deadline under the following circumstances:
    (i) If the complainant and defendant jointly request that the Chief, 
Media Bureau toll these deadlines in order to pursue settlement 
discussions or alternative dispute resolution or for any other reason 
that the complainant and defendant mutually agree justifies tolling; or
    (ii) If complying with the deadline would violate the due process 
rights of a party or would be inconsistent with fundamental fairness.
    (3) A finding that the complainant has established a prima facie 
case of a violation of Sec. 76.1301 means that the complainant has 
provided sufficient evidence in its complaint to allow the case to 
proceed to a ruling on the merits.
    (4) If the Chief, Media Bureau finds that the complainant has not 
established a prima facie case of a violation of Sec. 76.1301, the 
Chief, Media Bureau will dismiss the complaint.
    (h) Time limit on filing of complaints. Any complaint filed pursuant 
to this subsection must be filed within one year of the date on which 
one of the following events occurs:
    (1) The multichannel video programming distributor enters into a 
contract with a video programming vendor that a party alleges to violate 
one or more of the rules contained in this section; or
    (2) The multichannel video programming distributor offers to carry 
the video programming vendor's programming pursuant to terms that a 
party alleges to violate one or more of the rules contained in this 
section, and such offer to carry programming is unrelated to any 
existing contract between the complainant and the multichannel video 
programming distributor; or
    (3) In instances where there is no existing contract or an offer for 
carriage, or in instances where a party seeks renewal of an existing 
contract, the multichannel video programming distributor has denied or 
failed to acknowledge a request by a video programming vendor for 
carriage or to negotiate for carriage of that video programming vendor's 
programming on defendant's distribution system, allegedly in violation 
of one or more of the rules contained in this section.
    (i) Deadline for decision on the merits. (1)(i) For program carriage 
complaints that the Chief, Media Bureau decides on the merits based on 
the complaint, answer, and reply without discovery, the Chief, Media 
Bureau shall release a decision on the merits within sixty (60) calendar 
days after the Chief, Media Bureau's prima facie determination.
    (ii) For program carriage complaints that the Chief, Media Bureau 
decides on the merits after discovery, the Chief, Media Bureau shall 
release a decision on the merits within 150 calendar days after the 
Chief, Media Bureau's prima facie determination.
    (iii) The Chief, Media Bureau may toll these deadlines under the 
following circumstances:
    (A) If the complainant and defendant jointly request that the Chief, 
Media Bureau toll these deadlines in order to pursue settlement 
discussions or alternative dispute resolution or for any other reason 
that the complainant and defendant mutually agree justifies tolling; or
    (B) If complying with the deadline would violate the due process 
rights of a party or would be inconsistent with fundamental fairness.
    (2) For program carriage complaints that the Chief, Media Bureau 
refers to an administrative law judge for an initial decision, the 
deadlines set forth in Sec. 0.341(g) of this chapter apply.
    (j) Remedies for violations--(1) Remedies authorized. Upon 
completion of such adjudicatory proceeding, the Commission, Commission 
staff, or Administrative Law Judge shall order appropriate remedies, 
including, if necessary, mandatory carriage of a video programming 
vendor's programming on defendant's video distribution system, or the 
establishment of prices, terms, and conditions for the carriage of a 
video programming vendor's programming. Such order shall set forth a 
timetable for compliance. The effective

[[Page 696]]

date of such order issued by the Administrative Law Judge is set forth 
in Sec. 1.276(d) of this chapter. Such order issued by the Commission 
or Commission staff shall become effective upon release, see Sec. Sec. 
1.102(b) and 1.103 of this chapter, unless any order of mandatory 
carriage issued by the staff would require the defendant multichannel 
video programming distributor to delete existing programming from its 
system to accommodate carriage of a video programming vendor's 
programming. In such instances, if the defendant seeks review of the 
staff decision, the order for carriage of a video programming vendor's 
programming will not become effective unless and until the decision of 
the staff is upheld by the Commission. If the Commission upholds the 
remedy ordered by the staff or Administrative Law Judge in its entirety, 
the defendant MVPD will be required to carry the video programming 
vendor's programming for an additional period equal to the time elapsed 
between the staff or Administrative Law Judge decision and the 
Commission's ruling, on the terms and conditions approved by the 
Commission.
    (2) Additional sanctions. The remedies provided in paragraph (j)(1) 
of this section are in addition to and not in lieu of the sanctions 
available under title V or any other provision of the Communications 
Act.
    (k) Petitions for temporary standstill. (1) A program carriage 
complainant seeking renewal of an existing programming contract may file 
a petition along with its complaint requesting a temporary standstill of 
the price, terms, and other conditions of the existing programming 
contract pending resolution of the complaint. To allow for sufficient 
time to consider the petition for temporary standstill prior to the 
expiration of the existing programming contract, the petition for 
temporary standstill and complaint shall be filed no later than thirty 
(30) days prior to the expiration of the existing programming contract. 
In addition to the requirements of Sec. 76.7, the complainant shall 
have the burden of proof to demonstrate the following in its petition:
    (i) The complainant is likely to prevail on the merits of its 
complaint;
    (ii) The complainant will suffer irreparable harm absent a stay;
    (iii) Grant of a stay will not substantially harm other interested 
parties; and
    (iv) The public interest favors grant of a stay.
    (2) The defendant multichannel video programming distributor upon 
which a petition for temporary standstill is served shall answer within 
ten (10) days of service of the petition, unless otherwise directed by 
the Commission.
    (3) If the Commission grants the temporary standstill, the 
adjudicator deciding the case on the merits (i.e., either the Chief, 
Media Bureau or an administrative law judge) will provide for remedies 
that are applied as of the expiration date of the previous programming 
contract.

[64 FR 6574, Feb. 10, 1999, as amended at 76 FR 60673, Sept. 29, 2011; 
85 FR 63185, Oct. 6, 2020; 85 FR 81812, Dec. 17, 2020]



Sec. Sec. 76.1303-76.1305  [Reserved]



             Subpart R_Telecommunications Act Implementation

    Source: 61 FR 18980, Apr. 30, 1996, unless otherwise noted.



Sec. 76.1400  Purpose.

    The rules and regulations set forth in this subpart provide 
procedures for administering certain aspects of cable regulation. These 
rules and regulations provide guidance for operators, subscribers and 
franchise authorities with respect to matters that are subject to 
immediate implementation under governing statutes but require specific 
regulatory procedures or definitions.



Sec. 76.1404  Use of cable facilities by local exchange carriers.

    (a) For purposes of Sec. 76.505(d)(2), the Commission will 
determine whether use of a cable operator's facilities by a local 
exchange carrier is reasonably limited in scope and duration according 
to the procedures in paragraph (b) of this section.
    (b) Based on the record created by Sec. 76.1617 of the rules, the 
Commission shall determine whether the local exchange carrier's use of 
that part of the

[[Page 697]]

transmission facilities of a cable system extending from the last multi-
use terminal to the premises of the end user is reasonably limited in 
scope and duration. In making this determination, the Commission will 
evaluate whether the proposed joint use of cable facilities promotes 
competition in both services and facilities, and encourages long-term 
investment in telecommunications infrastructure.

[65 FR 53617, Sept. 5, 2000]



                      Subpart S_Open Video Systems

    Source: 61 FR 28708, June 5, 1996, unless otherwise noted.



Sec. 76.1500  Definitions.

    (a) Open video system. A facility consisting of a set of 
transmission paths and associated signal generation, reception, and 
control equipment that is designed to provide cable service which 
includes video programming and which is provided to multiple subscribers 
within a community, provided that the Commission has certified that such 
system complies with this part.
    (b) Open video system operator (operator). Any person or group of 
persons who provides cable service over an open video system and 
directly or through one or more affiliates owns a significant interest 
in such open video system, or otherwise controls or is responsible for 
the management and operation of such an open video system.
    (c) Video programming provider. Any person or group of persons who 
has the right under the copyright laws to select and contract for 
carriage of specific video programming on an open video system.
    (d) Activated channels. This term shall have the same meaning as 
provided in the cable television rules, 47 CFR 76.5(nn).
    (e) Shared channel. Any channel that carries video programming that 
is selected by more than one video programming provider and offered to 
subscribers.
    (f) Cable service. This term shall have the same meaning as provided 
in the cable television rules, 47 CFR 76.5(ff).
    (g) Affiliated. For purposes of this subpart, entities are 
affiliated if either entity has an attributable interest in the other or 
if a third party has an attributable interest in both entities.
    (h) Attributable Interest. The term ``attributable interest'' shall 
be defined by reference to the criteria set forth in Notes 1 through 5 
to Sec. 76.501 provided, however, that:
    (1) The limited partner and LLC/LLP/RLLP insulation provisions of 
Note 2(f) shall not apply; and
    (2) The provisions of Note 2(a) regarding five (5) percent interests 
shall include all voting or nonvoting stock or limited partnership 
equity interests of five (5) percent or more.
    (i) Other terms. Unless otherwise expressly stated, words not 
defined in this part shall be given their meaning as used in Title 47 of 
the United States Code, as amended, and, if not defined therein, their 
meaning as used in Part 47 of the Code of Federal Regulations.

[61 FR 28708, June 5, 1996, as amended at 61 FR 43175, Aug. 21, 1996; 64 
FR 67197, Dec. 1, 1999]



Sec. 76.1501  Qualifications to be an open video system operator.

    Any person may obtain a certification to operate an open video 
system pursuant to Section 653(a)(1) of the Communications Act, 47 
U.S.C. 573(a)(1), except that an operator of a cable system may not 
obtain such certification within its cable service area unless it is 
subject to ``effective competition'' as defined in Section 623(l)(1) of 
the Communications Act, 47 U.S.C. 543(l)(1). The effective competition 
requirement of the preceding sentence does not apply to a local exchange 
carrier that is also a cable operator that seeks open video system 
certification within its cable service area. A cable operator that is 
not subject to effective competition within its cable service area may 
file a petition with the Commission, seeking a finding that particular 
circumstances exist that make it consistent with the public interest, 
convenience, and necessity to allow the operator to convert its cable 
system to an open video system. Nothing herein shall be construed to 
affect the terms of any franchising agreement or other contractual 
agreement.

[65 FR 376, Jan. 5, 2000]

[[Page 698]]



Sec. 76.1502  Certification.

    (a) An operator of an open video system must certify to the 
Commission that it will comply with the Commission's regulations in 47 
CFR 76.1503, 76.1504, 76.1506(m), 76.1508, 76.1509, and 76.1513. The 
Commission must approve such certification prior to the commencement of 
service at such a point in time that would allow the applicant 
sufficient time to comply with the Commission's notification 
requirements.
    (b) Certifications must be verified by an officer or director of the 
applicant, stating that, to the best of his or her information and 
belief, the representations made therein are accurate.
    (c) Certifications must be filed on FCC Form 1275 and must include:
    (1) The applicant's name, address and telephone number;
    (2) A statement of ownership, including all affiliated entities;
    (3) If the applicant is a cable operator applying for certification 
in its cable franchise area, a statement that the applicant is qualified 
to operate an open video system under Section 76.1501.
    (4) A statement that the applicant agrees to comply and to remain in 
compliance with each of the Commission's regulations in Sec. Sec. 
76.1503, 76.1504, 76.1506(m), 76.1508, 76.1509, and 76.1513;
    (5) If the applicant is required under 47 CFR 64.903(a) of this 
chapter to file a cost allocation manual, a statement that the applicant 
will file changes to its manual at least 60 days before the commencement 
of service;
    (6) A list of the names of the anticipated local communities to be 
served upon completion of the system;
    (7) The anticipated amount and type (i.e., analog or digital) of 
capacity (for switched digital systems, the anticipated number of 
available channel input ports); and
    (8) A statement that the applicant will comply with the Commission's 
notice and enrollment requirements for unaffiliated video programming 
providers.
    (d)(1) All open video system certification applications, including 
FCC Form 1275 and all attachments, must be filed via electronic mail 
(email) at the following address: [email protected]. The subject line shall 
read ``Open Video System Certification Application.'' Open video system 
certification applications will not be considered properly filed unless 
filed as described in this paragraph (d).
    (2) On or before the date an FCC Form 1275 is filed with the 
Commission, the applicant must serve a copy of its filing on all local 
communities identified pursuant to paragraph (c)(6) of this section and 
must include a statement informing the local communities of the 
Commission's requirements in paragraph (e) of this section for filing 
oppositions and comments. Service by mail is complete upon mailing, but 
if mailed, the served documents must be postmarked at least 3 days prior 
to the filing of the FCC Form 1275 with the Commission.
    (e)(1) Comments or oppositions to a certification must be filed 
within five calendar days of the Commission's receipt of the 
certification and must be served on the party that filed the 
certification. If, after making the necessary calculations, the due date 
for filing comments falls on a holiday, comments shall be filed on the 
next business day before noon, unless the nearest business day precedes 
the fifth calendar day following a filing, in which case the comments 
will be due on the preceding business day. For example, if the fifth day 
falls on a Saturday, then the filing would be due on that preceding 
Friday. However, if the fifth day falls on Sunday, then the filing will 
be due on the next day, Monday, before noon (or Tuesday, before noon if 
the Monday is a holiday).
    (2) Parties wishing to respond to a FCC Form 1275 filing must submit 
comments or oppositions via electronic mail (email) at the following 
address: [email protected]. The subject line shall read ``Open Video System 
Certification Application Comments.'' Comments and oppositions will not 
be considered properly filed unless filed as described in this paragraph 
(e).
    (f) If the Commission does not disapprove the certification 
application within ten days after receipt of an applicant's request, the 
certification application will be deemed approved. If disapproved, the 
applicant may file a

[[Page 699]]

revised certification or refile its original submission with a statement 
addressing the issues in dispute in accordance with the procedures 
described in paragraph (d) of this section. Such refilings must be 
served on any objecting party or parties and on all local communities in 
which the applicant intends to operate pursuant to instructions in 
paragraph (d)(2) of this section. The Commission will consider any 
revised or refiled FCC Form 1275 to be a new proceeding and any party 
who filed comments regarding the original FCC Form 1275 will have to 
refile their original comments if they think such comments should be 
considered in the subsequent proceeding.

[61 FR 28708, June 5, 1996, as amended at 61 FR 43175, Aug. 21, 1996; 62 
FR 26238, May 13, 1997; 63 FR 31934, June 11, 1998; 65 FR 377, Jan. 5, 
2000; 67 FR 13235, Mar. 21, 2002; 83 FR 61136, Nov. 28, 2018]



Sec. 76.1503  Carriage of video programming providers on open video systems.

    (a) Non-discrimination principle. Except as otherwise permitted in 
applicable law or in this part, an operator of an open video system 
shall not discriminate among video programming providers with regard to 
carriage on its open video system, and its rates, terms and conditions 
for such carriage shall be just and reasonable and not unjustly or 
unreasonably discriminatory.
    (b) Demand for carriage. An operator of an open video system shall 
solicit and determine the level of demand for carriage on the system 
among potential video programming providers in a non-discriminatory 
manner.
    (1) Notification. An open video system operator shall file a 
``Notice of Intent'' to establish an open video system, which the 
Commission will release in a Public Notice. The Notice of Intent must be 
filed via electronic mail (email) at the following address: [email protected]. 
The subject line shall read ``Open Video System Notice of Intent.'' An 
Open Video system notice of intent will not be considered properly filed 
unless filed as described in this paragraph (b). This Notice of Intent 
shall include the following information:
    (i) A heading clearly indicating that the document is a Notice of 
Intent to establish an open video system;
    (ii) The name, address and telephone number of the open video system 
operator;
    (iii) A description of the system's projected service area;
    (iv) A description of the system's projected channel capacity, in 
terms of analog, digital and other type(s) of capacity upon activation 
of the system;
    (v) A description of the steps a potential video programming 
provider must follow to seek carriage on the open video system, 
including the name, address and telephone number of a person to contact 
for further information;
    (vi) The starting and ending dates of the initial enrollment period 
for video programming providers;
    (vii) The process for allocating the system's channel capacity, in 
the event that demand for carriage on the system exceeds the system's 
capacity; and
    (viii) A certification that the operator has complied with all 
relevant notification requirements under the Commission's open video 
system regulations concerning must-carry and retransmission consent 
(Sec. 76.1506), including a list of all local commercial and non-
commercial television stations served, and a certificate of service 
showing that the Notice of Intent has been served on all local cable 
franchising authorities entitled to establish requirements concerning 
the designation of channels for public, educational and governmental 
use.
    (2) Information. An open video system operator shall provide the 
following information to a video programming provider within five 
business days of receiving a written request from the provider, unless 
otherwise included in the Notice of Intent:
    (i) The projected activation date of the open video system. If a 
system is to be activated in stages, the operator should describe the 
respective stages and the projected dates on which each stage will be 
activated;
    (ii) A preliminary carriage rate estimate;
    (iii) The information a video programming provider will be required 
to provide to qualify as a video programming provider, e.g., 
creditworthiness;

[[Page 700]]

    (iv) Technical information that is reasonably necessary for 
potential video programming providers to assess whether to seek capacity 
on the open video system, including what type of customer premises 
equipment subscribers will need to receive service;
    (v) Any transmission or reception equipment needed by a video 
programming provider to interface successfully with the open video 
system; and
    (vi) The equipment available to facilitate the carriage of 
unaffiliated video programming and the electronic form(s) that will be 
accepted for processing and subsequent transmission through the system.
    (3) Qualifications of video programming providers. An open video 
system operator may impose reasonable, non-discriminatory requirements 
to assure that a potential video programming provider is qualified to 
obtain capacity on the open video system.
    (c) One-third limit. If carriage demand by video programming 
providers exceeds the activated channel capacity of the open video 
system, the operator of the open video system and its affiliated video 
programming providers may not select the video programming services for 
carriage on more than one-third of the activated channel capacity on 
such system.
    (1) Measuring capacity. For purposes of this section:
    (i) If an open video system carries both analog and digital signals, 
an open video system operator shall measure analog and digital activated 
channel capacity independently;
    (ii) Channels that an open video system is required to carry 
pursuant to the Commission's regulations concerning public, educational 
and governmental channels and must-carry channels shall be included in 
``activated channel capacity'' for purposes of calculating the one-third 
of such capacity on which the open video system operator and its 
affiliates are allowed to select the video programming for carriage. 
Such channels shall not be included in the one-third of capacity on 
which the open video system operator is permitted to select programming 
where demand for carriage exceeds system capacity;
    (iii) Channels that an open video system operator carries pursuant 
to the Commission's regulations concerning retransmission consent shall 
be included in ``activated channel capacity'' for purposes of 
calculating the one-third of such capacity on which the open video 
system operator and its affiliates are allowed to select the video 
programming for carriage. Such channels shall be included in the one-
third of capacity on which the open video system operator is permitted 
to select programming, where demand for carriage exceeds system 
capacity, to the extent that the channels are carried as part of the 
programming service of the operator or its affiliate, subject to 
paragraph (c)(1)(iv); and
    (iv) Any channel on which shared programming is carried shall be 
included in ``activated channel capacity'' for purposes of calculating 
the one-third of such capacity on which the open video system operator 
and its affiliates are allowed to select the video programming for 
carriage. Such channels shall be included in the one-third of capacity 
on which the open video system operator is permitted to select 
programming, where demand for carriage exceeds system capacity, to the 
extent the open video system operator or its affiliate is one of the 
video programming providers sharing such channel.

    Note to paragraph (c)(1)(iv): For example, if the open video system 
operator and two unaffiliated video programming providers each carry a 
programming service that is placed on a shared channel, the shared 
channel shall count as 0.33 channels against the one-third amount of 
capacity allocable to the open video system operator, where demand for 
carriage exceeds system capacity.

    (2) Allocating capacity. An operator of an open video system shall 
allocate activated channel capacity through a fair, open and non-
discriminatory process; the process must be insulated from any bias of 
the open video system operator and verifiable.
    (i) If an open video system carries both analog and digital signals, 
an open video system operator shall treat analog and digital capacity 
separately in allocating system capacity.
    (ii) Subsequent changes in capacity or demand. An open video system 
operator

[[Page 701]]

must allocate open capacity, if any, at least once every three years, 
beginning three years from the date of service commencement. Open 
capacity shall be allocated in accordance with this section. Open 
capacity shall include all capacity that becomes available during the 
course of the three-year period, as well as capacity in excess of one-
third of the system's activated channel capacity on which the operator 
of the open video system or its affiliate selects programming.

    Note 1 to paragraph (c)(2)(ii): An open video system operator will 
not be required to comply with the regulations contained in this section 
if there is no open capacity to be allocated at the end of the three 
year period.
    Note 2 to paragraph (c)(2)(ii): An open video system operator shall 
be required to accommodate changes in obligations concerning public, 
educational or governmental channels or must-carry channels in 
accordance with Sections 611, 614 and 615 of the Communications Act and 
the regulations contained in this part.
    Note 3 to paragraph (c)(2)(ii): An open video system operator shall 
be required to comply with the recordkeeping requirements of Sec. 
76.1712.

    (iii) Channel sharing. An open video system operator may carry on 
only one channel any video programming service that is offered by more 
than one video programming provider (including the operator's video 
programming affiliate), provided that subscribers have ready and 
immediate access to any such programming service. Nothing in this 
section shall be construed to impair the rights of programming services.

    Note 1 to paragraph (c)(2)(iii): An open video system operator may 
implement channel sharing only after it becomes apparent that one or 
more video programming services will be offered by multiple video 
programming providers. An open video system operator may not select, in 
advance of any duplication among video programming providers, which 
programming services shall be placed on shared channels.
    Note 2 to paragraph (c)(2)(iii): Each video programming provider 
offering a programming service that is carried on a shared channel must 
have the contractual permission of the video programming service to 
offer the service to subscribers. The placement of a programming service 
on a shared channel, however, is not subject to the approval of the 
video programming service or vendor.
    Note 3 to paragraph (c)(2)(iii): Ready and immediate access in this 
context means that the channel sharing is ``transparent'' to 
subscribers.

    (iv) Open video system operator discretion. Notwithstanding the 
foregoing, an operator of an open video system may:
    (A) Require video programming providers to request and obtain system 
capacity in increments of no less than one full-time channel; however, 
an operator of an open video system may not require video programming 
providers to obtain capacity in increments of more than one full-time 
channel;
    (B) Limit video programming providers from selecting the programming 
on more capacity than the amount of capacity on which the system 
operator and its affiliates are selecting the programming for carriage; 
and
    (v) Notwithstanding the general prohibition on an open video system 
operator's discrimination among video programming providers contained in 
paragraph (a) of this section, a competing, in-region cable operator or 
its affiliate(s) that offer cable service to subscribers located in the 
service area of an open video system shall not be entitled to obtain 
capacity on such open video system, except where a showing is made that 
facilities-based competition will not be significantly impeded.
    (3) Nothing in this paragraph shall be construed to limit the number 
of channels that the open video system operator and its affiliates, or 
another video programming provider, may offer to provide directly to 
subscribers. Co-packaging is permissible among video programming 
providers, but may not be a condition of carriage. Video programming 
providers may freely elect whether to enter into co-packaging 
arrangements.

    Note to paragraph (c)(3): Any video programming provider on an open 
video system may co-package video programming that is selected by 
itself, an affiliated video programming provider and/or unaffiliated 
video programming providers on the system.

[61 FR 28708, June 5, 1996, as amended at 61 FR 43176, Aug. 21, 1996; 62 
FR 26239, May 13, 1997; 65 FR 377, Jan. 5, 2000; 65 FR 53617, Sept. 5, 
2000; 67 FR 13235, Mar. 21, 2002; 83 FR 61136, Nov. 28, 2018]

[[Page 702]]



Sec. 76.1504  Rates, terms and conditions for carriage on open video systems.

    (a) Reasonable rate principle. An open video system operator shall 
set rates, terms, and conditions for carriage that are just and 
reasonable, and are not unjustly or unreasonably discriminatory.
    (b) Differences in rates. (1) An open video system operator may 
charge different rates to different classes of video programming 
providers, provided that the bases for such differences are not unjust 
or unreasonably discriminatory.
    (2) An open video system operator shall not impose different rates, 
terms, or conditions based on the content of the programming to be 
offered by any unaffiliated video programming provider.
    (c) Just and reasonable rate presumption. A strong presumption will 
apply that carriage rates are just and reasonable for open video system 
operators where at least one unaffiliated video programming provider, or 
unaffiliated programming providers as a group, occupy capacity equal to 
the lesser of one-third of the system capacity or that occupied by the 
open video system operator and its affiliates, and where any rate 
complained of is no higher than the average of the rates paid by 
unaffiliated programmers receiving carriage from the open video system 
operator.
    (d) Examination of rates. Complaints regarding rates shall be 
limited to video programming providers that have sought carriage on the 
open video system. If a video programming provider files a complaint 
against an open video system operator meeting the above just and 
reasonable rate presumption, the burden of proof will rest with the 
complainant. If a complaint is filed against an open video system 
operator that does not meet the just and reasonable rate presumption, 
the open video system operator will bear the burden of proof to 
demonstrate, using the principles set forth below, that the carriage 
rates subject to the complaint are just and reasonable.
    (e) Determining just and reasonable rates subject to complaints 
pursuant to the imputed rate approach or other market based approach. 
Carriage rates subject to complaint shall be found just and reasonable 
if one of the two following tests are met:
    (1) The imputed rate will reflect what the open video system 
operator, or its affiliate, ``pays'' for carriage of its own 
programming. Use of this approach is appropriate in circumstances where 
the pricing is applicable to a new market entrant (the open video system 
operator) that will face competition from an existing incumbent provider 
(the incumbent cable operator), as opposed to circumstances where the 
pricing is used to establish a rate for an essential input service that 
is charged to a competing new entrant by an incumbent provider. With 
respect to new market entrants, an efficient component pricing model 
will produce rates that encourage market entry. If the carriage rate to 
an unaffiliated program provider surpasses what an operator earns from 
carrying its own programming, the rate can be presumed to exceed a just 
and reasonable level. An open video system operator's price to its 
subscribers will be determined by several separate costs components. One 
general category are those costs related to the creative development and 
production of programming. A second category are costs associated with 
packaging various programs for the open video system operator's 
offering. A third category related to the infrastructure or engineering 
costs identified with building and maintaining the open video system. 
Contained in each is a profit allowance attributed to the economic value 
of each component. When an open video system operator provides only 
carriage through its infrastructure, however, the programming and 
packaging flows from the independent program provider, who bears the 
cost. The open video system operator avoids programming and packaging 
costs, including profits. These avoided costs should not be reflected in 
the price charged an independent program provider for carriage. The 
imputed rate also seeks to recognize the loss of subscribers to the open 
video system operator's programming package resulting from carrying 
competing programming.

    Note to paragraph (e)(1): Examples of specific ``avoided costs'' 
include:

[[Page 703]]

    (1) All amounts paid to studios, syndicators, networks or others, 
including but not limited to payments for programming and all related 
rights;
    (2) Packaging, including marketing and other fees;
    (3) Talent fees; and
    (4) A reasonable overhead allowance for affiliated video service 
support.

    (2) An open video system operator can demonstrate that its carriage 
service rates are just and reasonable through other market based 
approaches.

[61 FR 28708, June 5, 1996, as amended at 61 FR 43176, Aug. 21, 1996]



Sec. 76.1505  Public, educational and governmental access.

    (a) An open video system operator shall be subject to public, 
educational and governmental access requirements for every cable 
franchise area with which its system overlaps.
    (b) An open video system operator must ensure that all subscribers 
receive any public, educational and governmental access channels within 
the subscribers' franchise area.
    (c) An open video system operator may negotiate with the local cable 
franchising authority of the jurisdiction(s) which the open video system 
serves to establish the open video system operator's obligations with 
respect to public, educational and governmental access channel capacity, 
services, facilities and equipment. These negotiations may include the 
local cable operator if the local franchising authority, the open video 
system operator and the cable operator so desire.
    (d) If an open video system operator and a local franchising 
authority are unable to reach an agreement regarding the open video 
system operator's obligations with respect to public, educational and 
governmental access channel capacity, services, facilities and equipment 
within the local franchising authority's jurisdiction:
    (1) The open video system operator must satisfy the same public, 
educational and governmental access obligations as the local cable 
operator by providing the same amount of channel capacity for public, 
educational and governmental access and by matching the local cable 
operator's annual financial contributions towards public, educational 
and governmental access services, facilities and equipment that are 
actually used for public, educational and governmental access services, 
facilities and equipment. For in-kind contributions (e.g., cameras, 
production studios), the open video system operator may satisfy its 
statutory obligation by negotiating mutually agreeable terms with the 
local cable operator, so that public, educational and governmental 
access services to the community is improved or increased. If such terms 
cannot be agreed upon, the open video system operator must pay the local 
franchising authority the monetary equivalent of the local cable 
operator's depreciated in-kind contribution, or, in the case of 
facilities, the annual amortization value. Any matching contributions 
provided by the open video system operator must be used to fund 
activities arising under Section 611 of the Communications Act.
    (2) The local franchising authority shall impose the same rules and 
procedures on an open video system operator as it imposes on the local 
cable operator with regard to the open video system operator's use of 
channel capacity designated for public, educational and governmental 
access use when such capacity is not being used for such purposes.
    (3) The local cable operator is required to permit the open video 
system operator to connect with its public, educational and governmental 
access channel feeds. The open video system operator and the cable 
operator may decide how to accomplish this connection, taking into 
consideration the exact physical and technical circumstances of the 
cable and open video systems involved. If the cable and open video 
system operator cannot agree on how to accomplish the connection, the 
local franchising authority may decide. The local franchising authority 
may require that the connection occur on government property or on 
public rights of way.
    (4) The costs of connection to the cable operator's public, 
educational and governmental access channel feed shall be borne by the 
open video system operator. Such costs shall be

[[Page 704]]

counted towards the open video system operator's matching financial 
contributions set forth in paragraph (d)(4) of this section.
    (5) The local franchising authority may not impose public, 
educational and governmental access obligations on the open video system 
operator that would exceed those imposed on the local cable operator.
    (6) Where there is no existing local cable operator, the open video 
system operator must make a reasonable amount of channel capacity 
available for public, educational and governmental use, as well as 
provide reasonable support for services, facilities and equipment 
relating to such public, educational and governmental use. If a 
franchise agreement previously existed in that franchise area, the local 
franchising authority may elect either to impose the previously existing 
public, educational and governmental access obligations or determine the 
open video system operator's public, educational and governmental access 
obligations by comparison to the franchise agreement for the nearest 
operating cable system that has a commitment to provide public, 
educational and governmental access and that serves a franchise area 
with a similar population size. The local franchising authority shall be 
permitted to make a similar election every 15 years thereafter. Absent a 
previous franchise agreement, the open video system operator shall be 
required to provide channel capacity, services, facilities and equipment 
relating to public, educational and governmental access equivalent to 
that prescribed in the franchise agreement(s) for the nearest operating 
cable system with a commitment to provide public, educational and 
governmental access and that serves a franchise area with a similar 
population size.

    Note to paragraph (d)(6): This paragraph shall apply, for example, 
if a cable operator converts its cable system to an open video system 
under Sec. 76.1501.

    (7) The open video system operator must adjust its system(s) to 
comply with new public, educational and governmental access obligations 
imposed by a cable franchise renewal; provided, however, that an open 
video system operator will not be required to displace other programmers 
using its open video system to accommodate public, educational and 
governmental access channels. The open video system operator shall 
comply with such public, educational and governmental access obligations 
whenever additional capacity is or becomes available, whether it is due 
to increased channel capacity or decreased demand for channel capacity.
    (8) The open video system operator and/or the local franchising 
authority may file a complaint with the Commission, pursuant to our 
dispute resolution procedures set forth in Sec. 76.1514, if the open 
video system operator and the local franchising authority cannot agree 
as to the application of the Commission's rules regarding the open video 
system operator's public, educational and governmental access 
obligations under paragraph (d) of this section.
    (e) If an open video system operator maintains an institutional 
network, as defined in Section 611(f) of the Communications Act, the 
local franchising authority may require that educational and 
governmental access channels be designated on that institutional network 
to the extent such channels are designated on the institutional network 
of the local cable operator.
    (f) An open video system operator shall not exercise any editorial 
control over any public, educational, or governmental use of channel 
capacity provided pursuant to this subsection, provided, however, that 
any open video system operator may prohibit the use on its system of any 
channel capacity of any public, educational, or governmental facility 
for any programming which contains nudity, obscene material, indecent 
material as defined in Sec. 76.701(g), or material soliciting or 
promoting unlawful conduct. For purposes of this section, ``material 
soliciting or promoting unlawful conduct'' shall mean material that is 
otherwise proscribed by law. An open video system operator may require 
any access user, or access manager or administrator agreeing to assume 
the responsibility of certifying, to certify that its programming does 
not contain any of the

[[Page 705]]

materials described above and that reasonable efforts will be used to 
ensure that live programming does not contain such material.

[61 FR 28708, June 5, 1996, as amended at 61 FR 43176, Aug. 21, 1996]



Sec. 76.1506  Carriage of television broadcast signals.

    (a) The provisions of Subpart D shall apply to open video systems in 
accordance with the provisions contained in this subpart.
    (b) For the purposes of this Subpart S, television stations are 
significantly viewed when they are viewed in households that do not 
receive television signals from multichannel video programming 
distributors as follows:
    (1) For a full or partial network station--a share of viewing hours 
of at least 3 percent (total week hours), and a net weekly circulation 
of at least 25 percent; and
    (2) For an independent station--a share of viewing hours of at least 
2 percent (total week hours), and a net weekly circulation of at least 5 
percent. See Sec. 76.1506(c).

    Note to paragraph (b): As used in this paragraph, ``share of viewing 
hours'' means the total hours that households that do not receive 
television signals from multichannel video programming distributors 
viewed the subject station during the week, expressed as a percentage of 
the total hours these households viewed all stations during the period, 
and ``net weekly circulation'' means the number of households that do 
not receive television signals from multichannel video programming 
distributors that viewed the station for 5 minutes or more during the 
entire week, expressed as a percentage of the total households that do 
not receive television signals from multichannel video programming 
distributors in the survey area.

    (c) Significantly viewed signals; method to be followed for special 
showings. Any provision of Sec. 76.54 that refers to a ``cable 
television community'' or ``cable community or communities'' shall apply 
to an open video system community or communities. Any provision of Sec. 
76.54 that refers to ``non-cable television homes'' shall apply to 
households that do not receive television signals from multichannel 
video programming distributors. Any provision of Sec. 76.54 that refers 
to a ``cable television system'' shall apply to an open video system.
    (d) Definitions applicable to the must-carry rules. Section 76.55 
shall apply to all open video systems in accordance with the provisions 
contained in this section. Any provision of Sec. 76.55 that refers to a 
``cable system'' shall apply to an open video system. Any provision of 
Sec. 76.55 that refers to a ``cable operator'' shall apply to an open 
video system operator. Any provision of Sec. 76.55 that refers to the 
``principal headend'' of a cable system as defined in Sec. 76.5(pp) 
shall apply to the equivalent of the principal headend of an open video 
system. Any provision of Sec. 76.55 that refers to a ``franchise area'' 
shall apply to the service area of an open video system. The provisions 
of Sec. 76.55 that permit cable operators to refuse carriage of signals 
considered distant signals for copyright purposes shall not apply to 
open video system operators. If an open video system operator cannot 
limit its distribution of must-carry signals to the local service area 
of broadcast stations as used in 17 U.S.C. 111(d), it will be liable for 
any increase in copyright fees assessed for distant signal carriage 
under 17 U.S.C. 111.
    (e) Signal carriage obligations. Any provision of Sec. 76.56 that 
refers to a ``cable television system'' or ``cable system'' shall apply 
to an open video system. Any provision of Sec. 76.56 that refers to a 
``cable operator'' shall apply to an open video system operator. Section 
76.56(d)(2) shall apply to open video systems as follows: An open video 
system operator shall make available to every subscriber of the open 
video system all qualified local commercial television stations and all 
qualified non-commercial educational television stations carried in 
fulfillment of its carriage obligations under this section.
    (f) Channel positioning. Open video system operators shall comply 
with the provisions of Sec. 76.57 to the closest extent possible. Any 
provision of Sec. 76.57 that refers to a ``cable operator'' shall apply 
to an open video system operator. Any provision of Sec. 76.57 that 
refers to a ``cable system'' shall apply to an open video system, except 
the references to ``cable system'' in Sec. 76.57(d) which shall apply 
to an open video system operator.

[[Page 706]]

    (g) Notification. Any provision of Sec. Sec. 76.1601, 76.1607, 
76.1617, or 76.1708(a) (second sentence) that refers to a ``cable 
operator,'' ``cable system,'' or ``principal headend'' shall apply, 
respectively, to an open video system operator, to an open video system, 
or to the equivalent of the principal headend for an open video system.
    (h) Modification of television markets. Any provision of Sec. 76.59 
that refers to a ``cable system'' shall apply to an open video system. 
Any provision of Sec. 76.59 that refers to a ``cable operator'' shall 
apply to an open video system operator.
    (i) Compensation for carriage. Any provision of Sec. 76.60 that 
refers to a ``cable operator'' shall apply to an open video system 
operator. Any provision of Sec. 76.60 that refers to a ``cable system'' 
shall apply to an open video system. Any provision of Sec. 76.60 that 
refers to a ``principal headend'' shall apply to the equivalent of the 
principal headend for an open video system.
    (j) Disputes concerning carriage. Any provision of Sec. 76.61 that 
refers to a ``cable operator'' shall apply to an open video system 
operator. Any provision of Sec. 76.61 that refers to a ``cable system'' 
shall apply to an open video system. Any provision of Sec. 76.61 that 
refers to a ``principal headend'' shall apply to the equivalent of the 
principal headend for an open video system.
    (k) Manner of carriage. Any provision of Sec. 76.62 that refers to 
a ``cable operator'' shall apply to an open video system operator.
    (l) Retransmission consent. Section 76.64 shall apply to open video 
systems in accordance with the provisions contained in this paragraph.
    (1) Any provision of Sec. 76.64 that refers to a ``cable system'' 
shall apply to an open video system. Any provision of Sec. 76.64 that 
refers to a ``cable operator'' shall apply to an open video system 
operator.
    (2) Must-carry/retransmission consent election notifications shall 
be sent to the open video system operator. An open video system operator 
shall make all must-carry/retransmission consent election notifications 
received available to the appropriate programming providers on its 
system.
    (3) Television broadcast stations are required to make the same 
election for open video systems and cable systems serving the same 
geographic area, unless the overlapping open video system is unable to 
deliver appropriate signals in conformance with the broadcast station's 
elections for all cable systems serving the same geographic area.
    (4) An open video system commencing new operations shall notify all 
local commercial and noncommercial broadcast stations as required under 
paragraph (l) of this section on or before the date on which it files 
with the Commission its Notice of Intent to establish an open video 
system.
    (m) Exemption from input selector switch rules. Any provision of 
Sec. 76.70 that refers to a ``cable system'' or ``cable systems'' shall 
apply to an open video system or open video systems.
    (n) Special relief and must-carry complaint procedures. The 
procedures set forth in Sec. 76.7 shall apply to special relief and 
must-carry complaints relating to open video systems, and not the 
procedures set forth in Sec. 76.1514 (Dispute resolution). Any 
provision of Sec. 76.7 that refers to a ``cable television system 
operator'' or ``cable operator'' shall apply to an open video system 
operator. Any provision of Sec. 76.7 that refers to a ``cable 
television system'' shall apply to an open video system. Any provision 
of Sec. 76.7 that refers to a ``system community unit'' shall apply to 
an open video system or that portion of an open video system that 
operates or will operate within a separate and distinct community or 
municipal entity (including unincorporated communities within 
unincorporated areas and including single, discrete unincorporated 
areas).

[61 FR 28708, June 5, 1996, as amended at 61 FR 43177, Aug. 21, 1996; 79 
FR 63562, Oct. 24, 2014; 80 FR 5050, Jan. 30, 2015]



Sec. 76.1507  Competitive access to satellite cable programming.

    (a) Any provision that applies to a cable operator under Sec. Sec. 
76.1000 through 76.1003 shall also apply to an operator of an open video 
system and its affiliate which provides video programming on its open 
video system, except as limited by paragraph (a) (1)-(3) of this

[[Page 707]]

section. Any such provision that applies to a satellite cable 
programming vendor in which a cable operator has an attributable 
interest shall also apply to any satellite cable programming vendor in 
which an open video system operator has an attributable interest, except 
as limited by paragraph (a) (1)-(3) of this section.
    (1) Section 76.1002(c)(1) shall only restrict the conduct of an open 
video system operator, its affiliate that provides video programming on 
its open video system and a satellite cable programming vendor in which 
an open video system operator has an attributable interest, as follows: 
No open video system operator or its affiliate that provides video 
programming on its open video system shall engage in any practice or 
activity or enter into any understanding or arrangement, including 
exclusive contracts, with a satellite cable programming vendor or 
satellite broadcast programming vendor for satellite cable programming 
or satellite broadcast programming that prevents a multichannel video 
programming distributor from obtaining such programming from any 
satellite cable programming vendor in which an open video system 
operator has an attributable interest, or any satellite broadcasting 
vendor in which an open video system operator has an attributable 
interest for distribution to person in areas not served by a cable 
operator as of October 5, 1992.
    (2) [Reserved]
    (3) Section 76.1002(c)(3)(i) and (ii) shall only restrict the 
conduct of an open video system operator, its affiliate that provides 
video programming on its open video system and a satellite cable 
programming vendor in which an open video system operator has an 
attributable interest, as follows: No open video system operator shall 
enter into any subdistribution agreement or arrangement for satellite 
cable programming or satellite broadcast programming with a satellite 
cable programming vendor in which an open video system operator has an 
attributable interest or a satellite broadcast programming vendor in 
which an open video system operator has an attributable interest for 
distribution to persons in areas not served by a cable operator as of 
October 5, 1992 unless such agreement or arrangement complies with the 
limitations set forth in Sec. 76.1002(c)(3)(ii).
    (b) No open video system programming provider in which a cable 
operator has an attributable interest shall engage in any practice or 
activity or enter into any understanding or arrangement, including 
exclusive contracts, with a satellite cable programming vendor or 
satellite broadcast programming vendor for satellite cable programming 
or satellite broadcast programming that prevents a multichannel video 
programming distributor from obtaining such programming from any 
satellite cable programming vendor in which a cable operator has an 
attributable interest, or any satellite broadcasting vendor in which a 
cable operator has an attributable interest for distribution to person 
in areas not served by a cable operator as of October 5, 1992.

[61 FR 28708, June 5, 1996, as amended at 77 FR 66048, Oct. 31, 2012]



Sec. 76.1508  Network non-duplication.

    (a) Sections 76.92 through 76.95 shall apply to open video systems 
in accordance with the provisions contained in this section.
    (b) Any provision of Sec. 76.92 that refers to a ``cable community 
unit'' or ``community unit'' shall apply to an open video system or that 
portion of an open video system that operates or will operate within a 
separate and distinct community or municipal entity (including 
unincorporated communities within unincorporated areas and including 
single, discrete unincorporated areas). Any provision of Sec. 76.92 
that refers to a ``cable television community'' shall apply to an open 
video system community. Any provision of Sec. 76.92 that refers to a 
``cable television system's mandatory signal carriage obligations'' 
shall apply to an open video system's mandatory signal carriage 
obligations.
    (c) Any provision of Sec. 76.94 that refers to a ``cable system 
operator'' or ``cable television system operator'' shall apply to an 
open video system operator. Any provision of Sec. 76.94 that refers to 
a ``cable system'' or ``cable television system'' shall apply to an open 
video

[[Page 708]]

system except Sec. 76.94 (e) and (f) which shall apply to an open video 
system operator. Open video system operators shall make all 
notifications and information regarding the exercise of network non-
duplication rights immediately available to all appropriate video 
programming provider on the system. An open video system operator shall 
not be subject to sanctions for any violation of these rules by an 
unaffiliated program supplier if the operator provided proper notices to 
the program supplier and subsequently took prompt steps to stop the 
distribution of the infringing program once it was notified of a 
violation.
    (d) Any provision of Sec. 76.95 that refers to a ``cable system'' 
or a ``cable community unit'' shall apply to an open video system or 
that portion of an open video system that operates or will operate 
within a separate and distinct community or municipal entity (including 
unincorporated communities within unincorporated areas and including 
single, discrete unincorporated areas).

[61 FR 28708, June 5, 1996, as amended at 83 FR 7630, Feb. 22, 2018]



Sec. 76.1509  Syndicated program exclusivity.

    (a) Sections 76.101 through 76.110 shall apply to open video systems 
in accordance with the provisions contained in this section.
    (b) Any provision of Sec. 76.101 that refers to a ``cable community 
unit'' shall apply to an open video system.
    (c) Any provision of Sec. 76.105 that refers to a ``cable system 
operator'' or ``cable television system operator'' shall apply to an 
open video system operator. Any provision of Sec. 76.105 that refers to 
a ``cable system'' or ``cable television system'' shall apply to an open 
video system except Sec. 76.105(c) which shall apply to an open video 
system operator. Open video system operators shall make all 
notifications and information regarding exercise of syndicated program 
exclusivity rights immediately available to all appropriate video 
programming provider on the system. An open video system operator shall 
not be subject to sanctions for any violation of the rules in Sec. Sec. 
76.101 through 76.110 by an unaffiliated program supplier if the 
operator provided proper notices to the program supplier and 
subsequently took prompt steps to stop the distribution of the 
infringing program once it was notified of a violation.
    (d) Any provision of Sec. 76.106 that refers to a ``cable 
community'' shall apply to an open video system community. Any provision 
of Sec. 76.106 that refers to a ``cable community unit'' or ``community 
unit'' shall apply to an open video system or that portion of an open 
video system that operates or will operate within a separate and 
distinct community or municipal entity (including unincorporated 
communities within unincorporated areas and including single, discrete 
unincorporated areas). Any provision of Sec. Sec. 76.106 through 76.108 
that refers to a ``cable system'' shall apply to an open video system.
    (e) Any provision of Sec. 76.109 that refers to ``cable 
television'' or a ``cable system'' shall apply to an open video system.
    (f) Any provision of Sec. 76.110 that refers to a ``community 
unit'' shall apply to an open video system or that portion of an open 
video system that is affected by this rule.

[83 FR 7630, Feb. 22, 2018]



Sec. 76.1510  Application of certain Title VI provisions.

    The following sections within part 76 shall also apply to open video 
systems: Sec. Sec. 76.71, 76.73, 76.75, 76.77, 76.79, 76.1702, and 
76.1802 (Equal Employment Opportunity Requirements); Sec. Sec. 76.503 
and 76.504 (ownership restrictions); Sec. 76.981 (negative option 
billing); and Sec. Sec. 76.1300, 76.1301 and 76.1302 (regulation of 
carriage agreements); Sec. 76.610 (operation in the frequency bands 
108-137 and 225-400 MHz--scope of application provided, however, that 
these sections shall apply to open video systems only to the extent that 
they do not conflict with this subpart S. Section 631 of the 
Communications Act (subscriber privacy) shall also apply to open video 
systems.

[83 FR 7630, Feb. 22, 2018]

[[Page 709]]



Sec. 76.1511  Fees.

    An open video system operator may be subject to the payment of fees 
on the gross revenues of the operator for the provision of cable service 
imposed by a local franchising authority or other governmental entity, 
in lieu of the franchise fees permitted under Section 622 of the 
Communications Act. Local governments shall have the authority to assess 
and receive the gross revenue fee. Gross revenues under this paragraph 
means all gross revenues received by an open video system operator or 
its affiliates, including all revenues received from subscribers and all 
carriage revenues received from unaffiliated video programming 
providers. In addition gross revenues under this paragraph includes any 
advertising revenues received by an open video system operator or its 
affiliates in connection with the provision of video programming, where 
such revenues are included in the calculation of the incumbent cable 
operator's cable franchise fee. Gross revenues does not include revenues 
collected by unaffiliated video programming providers, such as 
subscriber or advertising revenues. Any gross revenues fee that the open 
video system operator or its affiliate collects from subscribers or 
video programming providers shall be excluded from gross revenues. An 
operator of an open video system or any programming provider may 
designate that portion of a subscriber's bill attributable to the fee as 
a separate item on the bill. An operator of an open video system may 
recover the gross revenue fee from programming providers on a 
proportional basis as an element of the carriage rate.

[61 FR 43177, Aug. 21, 1996]



Sec. 76.1512  Programming information.

    (a) An open video system operator shall not unreasonably 
discriminate in favor of itself or its affiliates with regard to 
material or information (including advertising) provided by the operator 
to subscribers for the purpose of selecting programming on the open 
video system, or in the way such material or information is provided to 
subscribers.

    Note to paragraph (a): ``Material or information'' as used in 
paragraph (a) of this section means material or information that a 
subscriber uses to actively select programming at the point of program 
selection.

    (b) In accordance with paragraph (a) of this section:
    (1) An open video system operator shall not discriminate in favor of 
itself or its affiliate on any navigational device, guide or menu;
    (2) An open video system operator shall not omit television 
broadcast stations or other unaffiliated video programming services 
carried on the open video system from any navigational device, guide 
(electronic or paper) or menu;
    (3) An open video system operator shall not restrict a video 
programming provider's ability to use part of the provider's channel 
capacity to provide an individualized guide or menu to the provider's 
subscribers;
    (4) Where an open video system operator provides no navigational 
device, guide or menu, its affiliate's navigational device, guide or 
menu shall be subject to the requirements of Section 653(b)(1)(E) of the 
Communications Act;
    (5) An open video system operator may permit video programming 
providers, including its affiliate, to develop and use their own 
navigational devices. If an open video system operator permits video 
programming providers, including its affiliate, to develop and use their 
own navigational devices, the operator must create an electronic menu or 
guide that all video programming providers must carry containing a non-
discriminatory listing of programming providers or programming services 
available on the system and informing the viewer how to obtain 
additional information on each of the services listed;
    (6) An open video system operator must grant access, for programming 
providers that do not wish to use their own navigational device, to the 
navigational device used by the open video system operator or its 
affiliate; and
    (7) If an operator provides an electronic guide or menu that 
complies with paragraph (b)(5) of this section, its programming 
affiliate may create its own menu or guide without being

[[Page 710]]

subject to the requirements of Section 653(b)(1)(E) of the 
Communications Act.
    (c) An open video system operator shall ensure that video 
programming providers or copyright holders (or both) are able to 
suitably and uniquely identify their programming services to 
subscribers.
    (d) An open video system operator shall transmit programming 
identification without change or alteration if such identification is 
transmitted as part of the programming signal.

[61 FR 28708, June 5, 1996, as amended at 61 FR 43177, Aug. 21, 1996]



Sec. 76.1513  Open video dispute resolution.

    (a) Complaints. Any party aggrieved by conduct that it believes 
constitute a violation of the regulations set forth in this part or in 
section 653 of the Communications Act (47 U.S.C. 573) may commence an 
adjudicatory proceeding at the Commission to obtain enforcement of the 
rules through the filing of a complaint. The Commission shall resolve 
any such dispute within 180 days after the filing of a complaint. The 
complaint shall be filed and responded to in accordance with the 
procedures specified in Sec. 76.7 of this part with the following 
additions or changes.
    (b) Alternate dispute resolution. An open video system operator may 
not provide in its carriage contracts with programming providers that 
any dispute must be submitted to arbitration, mediation, or any other 
alternative method for dispute resolution prior to submission of a 
complaint to the Commission.
    (c) Notice required prior to filing of complaint. Any aggrieved 
party intending to file a complaint under this section must first notify 
the potential defendant open video system operator that it intends to 
file a complaint with the Commission based on actions alleged to violate 
one or more of the provisions contained in this part or in Section 653 
of the Communications Act. The notice must be in writing and must be 
sufficiently detailed so that its recipient(s) can determine the 
specific nature of the potential complaint. The potential complainant 
must allow a minimum of ten (10) days for the potential defendant(s) to 
respond before filing a complaint with the Commission.
    (d) Contents of complaint. In addition to the requirements of Sec. 
76.7 of this part, an open video system complaint shall contain:
    (1) The type of entity that describes complainant (e.g., individual, 
private association, partnership, or corporation), the address and 
telephone number of the complainant, and the address and telephone 
number of each defendant;
    (2) If discrimination in rates, terms, and conditions of carriage is 
alleged, documentary evidence shall be submitted such as a preliminary 
carriage rate estimate or a programming contract that demonstrates a 
differential in price, terms or conditions between complainant and a 
competing video programming provider or, if no programming contract or 
preliminary carriage rate estimate is submitted with the complaint, an 
affidavit signed by an officer of complainant alleging that a 
differential in price, terms or conditions exists, a description of the 
nature and extent (if known or reasonably estimated by the complainant) 
of the differential, together with a statement that defendant refused to 
provide any further specific comparative information;

    Note to paragraph (d)(2): Upon request by a complainant, the 
preliminary carriage rate estimate shall include a calculation of the 
average of the carriage rates paid by the unaffiliated video programming 
providers receiving carriage from the open video system operator, 
including the information needed for any weighting of the individual 
carriage rates that the operator has included in the average rate.

    (3) If a programming contract or a preliminary carriage rate 
estimate is submitted with the complaint in support of the alleged 
violation, specific references to the relevant provisions therein.
    (4) The complaint must be accompanied by appropriate evidence 
demonstrating that the required notification pursuant to paragraph (c) 
of this section has been made.
    (e) Answer. (1) Any open video system operator upon which a 
complaint is served under this section shall answer within thirty (30) 
days of service of the

[[Page 711]]

complaint, unless otherwise directed by the Commission.
    (2) An answer to a discrimination complaint shall state the reasons 
for any differential in prices, terms or conditions between the 
complainant and its competitor, and shall specify the particular 
justification relied upon in support of the differential. Any documents 
or contracts submitted pursuant to this paragraph may be protected as 
proprietary pursuant to Sec. 76.9 of this part.
    (f) Reply. Within twenty (20) days after service of an answer, the 
complainant may file and serve a reply which shall be responsive to 
matters contained in the answer and shall not contain new matters.
    (g) Time limit on filing of complaints. Any complaint filed pursuant 
to this subsection must be filed within one year of the date on which 
one of the following events occurs
    (1) The open video system operator enters into a contract with the 
complainant that the complainant alleges to violate one or more of the 
rules contained in this part; or
    (2) The open video system operator offers to carry programming for 
the complainant pursuant to terms that the complainant alleges to 
violate one or more of the rules contained in this part, and such offer 
to carry programming is unrelated to any existing contract between the 
complainant and the open video system operator; or
    (3) An open video system operator has denied or failed to 
acknowledge a request for such operator to carry the complainant's 
programming on its open video system, allegedly in violation of one or 
more of the rules contained in this part.
    (h) Remedies for violations--(1) Remedies authorized. Upon 
completion of such adjudicatory proceeding, the Commission, Commission 
staff, or Administrative Law Judge shall order appropriate remedies, 
including, if necessary, the requiring carriage, awarding damages to any 
person denied carriage, or any combination of such sanctions. Such order 
shall set forth a timetable for compliance. Such order issued by the 
Commission or Commission staff shall be effective upon release. See 
Sec. Sec. 1.102(b) and 1.103 of this chapter. The effective date of 
such order issued by the Administrative Law Judge is set forth in Sec. 
1.276(d) of this chapter.
    (2) Additional sanctions. The remedies provided in paragraph (h)(1) 
of this section are in addition to and not in lieu of the sanctions 
available under title V or any other provision of the Communications 
Act.

[61 FR 28708, June 5, 1996, as amended at 61 FR 43178, Aug. 21, 1996; 62 
FR 26239, May 13, 1997; 64 FR 6575, Feb. 10, 1999; 85 FR 81812, Dec. 17, 
2020]



Sec. 76.1514  Bundling of video and local exchange services.

    An open video system operator may offer video and local exchange 
services for sale in a single package at a single price, provided that:
    (a) The open video system operator, where it is the incumbent local 
exchange carrier, may not require that a subscriber purchase its video 
service in order to receive local exchange service; and
    (b) Any local exchange carrier offering such a package must impute 
the unbundled tariff rate for the regulated service.

[61 FR 28708, June 5, 1996, as amended at 61 FR 43178, Aug. 21, 1996]



                            Subpart T_Notices

    Source: 65 FR 53617, Sept. 5, 2000, unless otherwise noted.



Sec. 76.1600  Electronic delivery of notices.

    (a) Except as provided in Sec. 76.1603 for changes that occur due 
to circumstances outside a cable operator's control, which also may be 
provided as set forth in 76.1603(b), written information provided by 
cable operators to subscribers or customers pursuant to Sec. Sec. 
76.1601, 76.1602, 76.1603, 76.1604, 76.1618, and 76.1620 of this Subpart 
T, as well as subscriber privacy notifications required by cable 
operators, satellite providers, and open video systems pursuant to 
sections 631, 338(i), and 653 of the Communications Act, may be 
delivered

[[Page 712]]

electronically by email to any subscriber who has not opted out of 
electronic delivery under paragraph (a)(3) of this section if the 
entity:
    (1) Sends the notice to the subscriber's or customer's verified 
email address;
    (2) Provides either the entirety of the written information or a 
weblink to the written information in the notice; and
    (3) Includes, in the body of the notice, a telephone number that is 
clearly and prominently presented to subscribers so that it is readily 
identifiable as an opt-out mechanism that will allow subscribers to 
continue to receive paper copies of the written material.
    (b) For purposes of this section, a verified email address is 
defined as:
    (1) An email address that the subscriber has provided to the cable 
operator (and not vice versa) for purposes of receiving communication;
    (2) An email address that the subscriber regularly uses to 
communicate with the cable operator; or
    (3) An email address that has been confirmed by the subscriber as an 
appropriate vehicle for the delivery of notices.
    (c) Cable operators that provide written Subpart T notices via paper 
copy may provide certain portions of the Sec. 76.1602 annual notices 
electronically, to any subscriber who has not opted out of electronic 
delivery under paragraphs (a)(3) or (c)(3) of this section, by 
prominently displaying the following on the front or first page of the 
printed annual notice:
    (1) A weblink in a form that is short, simple, and easy to remember, 
leading to written information required to be provided pursuant to Sec. 
76.1602(b)(2), (7), and (8);
    (2) A weblink in a form that is short, simple, and easy to remember, 
leading to written information required to be provided pursuant to Sec. 
76.1602(b)(5); and
    (3) A telephone number that is readily identifiable as an opt-out 
mechanism that will allow subscribers to continue to receive paper 
copies of the entire annual notice.
    (d) If the conditions for electronic delivery in paragraphs (a) and 
(b) of this section are not met, or if a subscriber opts out of 
electronic delivery, the written material must be delivered by paper 
copy to the subscriber's physical address.
    (e) After July 31, 2020, written information provided by cable 
operators to broadcast stations pursuant to Sec. Sec. 76.64(k), 
76.1601, 76.1607, 76.1608, 76.1609, and 76.1617 must be delivered 
electronically to full-power and Class A television stations via email 
to the email address for carriage-related questions that the station 
lists in its public file in accordance with Sec. Sec. 73.3526 and 
73.3527 of this title, or in the case of low power television stations 
and noncommercial educational translator stations that are entitled to 
such notices, to the licensee's email address (not a contact 
representative's email address, if different from the licensee's email 
address) as displayed publicly in the Licensing and Management System 
(LMS) or the primary station's carriage-related email address if the 
noncommercial educational translator station does not have its own email 
address listed in LMS.

[83 FR 66157, Dec. 26, 2019, as amended at 85 FR 16005, Mar. 20, 2020; 
85 FR 71854, Nov. 12, 2020]



Sec. 76.1601  Deletion or repositioning of broadcast signals.

    A cable operator shall provide written notice to any broadcast 
television station at least 30 days prior to either deleting from 
carriage or repositioning that station.

[85 FR 71854, Nov. 12, 2020]



Sec. 76.1602  Customer service--general information.

    (a) A cable franchise authority may enforce the customer service 
standards set forth in paragraph (b) of this section against cable 
operators. The franchise authority must provide affected cable operators 
90 days written notice of its intent to enforce standards.
    (b) The cable operator shall provide written information on each of 
the following areas at the time of installation of service, at least 
annually to all subscribers, and at any time upon request:
    (1) Products and services offered;

[[Page 713]]

    (2) Prices and options for programming services and conditions of 
subscription to programming and other services;
    (3) Installation and service maintenance policies;
    (4) Instructions on how to use the cable service;
    (5) Channel positions of programming carried on the system; and
    (6) Billing and complaint procedures, including the address and 
telephone number of the local franchise authority's cable office.
    (7) Effective May 1, 2011, any assessed fees for rental of 
navigation devices and single and additional CableCARDs; and,
    (8) Effective May 1, 2011, if such provider includes equipment in 
the price of a bundled offer of one or more services, the fees 
reasonably allocable to:
    (i) The rental of single and additional CableCARDs; and
    (ii) The rental of operator-supplied navigation devices.
    (c) Subscribers shall be advised of the procedures for resolution of 
complaints about the quality of the television signal delivered by the 
cable system operator, including the address of the responsible officer 
of the local franchising authority.

[65 FR 53617, Sept. 5, 2000, as amended at 76 FR 40279, July 8, 2011; 83 
FR 7631, Feb. 22, 2018]



Sec. 76.1603  Customer service--rate and service changes.

    (a) A cable franchise authority may enforce the customer service 
standards set forth in paragraph (b) of this section against cable 
operators. The franchise authority must provide affected cable operators 
90 days written notice of its intent to enforce standards.
    (b) Cable operators shall provide written notice to subscribers of 
any changes in rates or services. Notice shall be provided to 
subscribers at least 30 days in advance of the change, unless the change 
results from circumstances outside of the cable operator's control 
(including failed retransmission consent or program carriage 
negotiations during the last 30 days of a contract), in which case 
notice shall be provided as soon as possible using any reasonable 
written means at the operator's sole discretion, including Channel 
Slates. Notice of rate changes shall include the precise amount of the 
rate change and explain the reason for the change in readily 
understandable terms. Notice of changes involving the addition or 
deletion of channels shall individually identify each channel affected.
    (c) A cable operator not subject to effective competition shall 
provide 30 days' advance notice to its local franchising authority of 
any increase proposed in the price to be charged for the basic service 
tier.
    (d) Notwithstanding any other provision of part 76 of this chapter, 
a cable operator shall not be required to provide prior notice of any 
rate change that is the result of a regulatory fee, franchise fee, or 
any other fee, tax, assessment, or charge of any kind imposed by any 
Federal agency, State, or franchising authority on the transaction 
between the operator and the subscriber.

    Note 1 to Sec. 76.1603: Section 624(h) of the Communications Act, 
47 U.S.C. 544(h), contains additional notification requirements which a 
franchising authority may enforce.
    Note 2 to Sec. 76.1603: Section 624(d)(3) of the Communications 
Act, 47 U.S.C. 544(d)(3), contains additional notification provisions 
pertaining to cable operators who offer a premium channel without charge 
to cable subscribers who do not subscribe to such premium channel.
    Note 3 to Sec. 76.1603: Section 631 of the Communications Act, 47 
U.S.C. 551, contains additional notification requirements pertaining to 
the protection of subscriber privacy.

[65 FR 53617, Sept. 5, 2000, as amended at 66 FR 16554, Mar. 26, 2001; 
77 FR 67302, Dec. 10, 2012; 85 FR 71854, Nov. 12, 2020]



Sec. 76.1604  Charges for customer service changes.

    If a cable operator establishes a higher charge for changes effected 
solely by coded entry on a computer terminal or by other similarly 
simple methods, as provided in Sec. 76.980(d), the cable system must 
notify all subscribers in writing that they may be subject to such a 
charge for changing service tiers more than the specified number of 
times in any 12 month period.

[[Page 714]]



Sec. 76.1607  Principal headend.

    A cable operator shall provide written notice to all stations 
carried on its system pursuant to the must-carry rules in this subpart 
at least 60 days prior to any change in the designation of its principal 
headend. Such written notice shall be provided by certified mail, except 
that after July 31, 2020, notice shall be provided to stations by 
electronic delivery in accordance with Sec. 76.1600.

[85 FR 16006, Mar. 20, 2020]



Sec. 76.1608  System technical integration requiring uniform election of must-carry or retransmission consent status.

    A cable system that changes its technical configuration in such a 
way as to integrate two formerly separate cable systems must give 90 
days notice of its intention to do so to any television broadcast 
stations that have elected must-carry status with respect to one system 
and retransmission consent status with respect to the other. After July 
31, 2020, such notice shall be delivered to stations electronically in 
accordance with Sec. 76.1600. If the system and the station do not 
agree on a uniform election 45 days prior to integration, the cable 
system may require the station to make such a uniform election 30 days 
prior to integration.

[85 FR 16006, Mar. 20, 2020]



Sec. 76.1609  Non-duplication and syndicated exclusivity.

    Within 60 days following the provision of service to 1,000 
subscribers, the operator of each such system shall file a notice to 
that effect with the Commission, and serve a copy of that notice on 
every television station that would be entitled to exercise network non-
duplication protection or syndicated exclusivity protection against it. 
After July 31, 2020, in lieu of serving paper copies on stations, the 
operator shall provide the required copies to stations by electronic 
delivery in accordance with Sec. 76.1600.

[85 FR 16006, Mar. 20, 2020]



Sec. 76.1610  Change of operational information.

    The Operator shall inform the Commission on FCC Form 324 whenever 
there is a change of cable television system operator; change of legal 
name, change of the operator's mailing address or FCC Registration 
Number (FRN); or change in the operational status of a cable television 
system. Notification must be done within 30 days from the date the 
change occurs and must include the following information, as 
appropriate:
    (a) The legal name of the operator and whether the operator is an 
individual, private association, partnership, corporation, or government 
entity. See Sec. 76.5(cc). If the operator is a partnership, the legal 
name of the partner responsible for communications with the Commission 
shall be supplied;
    (b) The assumed name (if any) used for doing business in each 
community;
    (c) The physical address, including zip code, and e-mail address, if 
applicable, to which all communications are to be directed;
    (d) The nature of the operational status change (e.g., operation 
terminated, merged with another system, inactive, deleted, etc.);
    (e) The names and FCC identifiers (e.g., CA 0001) of the system 
communities affected.

    Note 1 to Sec. 76.1610: FCC system community identifiers are 
routinely assigned upon registration. They have been assigned to all 
reported system communities based on previous Form 325 data. If a system 
community in operation prior to March 31, 1972, has not previously been 
assigned a system community identifier, the operator shall provide the 
following information in lieu of the identifier: Community Name, 
Community Type (i.e., incorporated town, unincorporated settlement, 
etc.), County Name, State, Operator Legal Name, Operator Assumed Name 
for Doing Business in the Community, Operator Mail Address, and Year and 
Month service was first provided by the physical system.

[65 FR 53617, Sept. 5, 2000, as amended at 66 FR 47897, Sept. 14, 2001; 
68 FR 27003, May 19, 2003; 83 FR 7631, Feb. 22, 2018]



Sec. 76.1611  Political cable rates and classes of time.

    If a system permits a candidate to use its cablecast facilities, the 
system

[[Page 715]]

shall disclose to all candidates information about rates, terms, 
conditions and all value-enhancing discount privileges offered to 
commercial advertisers. Systems may use reasonable discretion in making 
the disclosure; provided, however, that the disclosure includes, at a 
minimum, the following information:
    (a) A description and definition of each class of time available to 
commercial advertisers sufficiently complete enough to allow candidates 
to identify and understand what specific attributes differentiate each 
class;
    (b) A description of the lowest unit charge and related privileges 
(such as priorities against preemption and make goods prior to specific 
deadlines) for each class of time offered to commercial advertisers;
    (c) A description of the system's method of selling preemptible time 
based upon advertiser demand, commonly known as the ``current selling 
level,'' with the stipulation that candidates will be able to purchase 
at these demand-generated rates in the same manner as commercial 
advertisers;
    (d) An approximation of the likelihood of preemption for each kind 
of preemptible time; and
    (e) An explanation of the system's sales practices, if any, that are 
based on audience delivery, with the stipulation that candidates will be 
able to purchase this kind of time, if available to commercial 
advertisers.



Sec. 76.1614  Identification of must-carry signals.

    A cable operator shall respond in writing within 30 days to any 
written request by any person for the identification of the signals 
carried on its system in fulfillment of the must-carry requirements of 
Sec. 76.56. The required written response may be delivered by email, if 
the consumer used email to make the request or complaint directly to the 
cable operator, or if the consumer specifies email as the preferred 
delivery method in the request or complaint.

[83 FR 66158, Dec. 26, 2018]



Sec. 76.1615  Sponsorship identification.

    (a) When a cable television system operator engaged in origination 
cablecasting presents any matter for which money, service, or other 
valuable consideration is either directly or indirectly paid or promised 
to, or charged or accepted by such cable television system operator, the 
cable television system operator, at the time of the cablecast, shall 
announce that such matter is sponsored, paid for, or furnished, either 
in whole or in part, and by whom or on whose behalf such consideration 
was supplied: Provided, however, that ``service or other valuable 
consideration'' shall not include any service or property furnished 
either without or at a nominal charge for use on, or in connection with, 
a cablecast unless it is so furnished in consideration for an 
identification of any person, product, service, trademark, or brand name 
beyond an identification reasonably related to the use of such service 
or property on the cablecast. For the purposes of this section, the term 
``sponsored'' shall be deemed to have the same meaning as ``paid for.'' 
In the case of any political advertisement cablecast under this 
paragraph that concerns candidates for public office, the sponsor shall 
be identified with letters equal to or greater than four (4) percent of 
the vertical picture height that air for not less than four (4) seconds.
    (b) Each cable television system operator engaged in origination 
cablecasting shall exercise reasonable diligence to obtain from 
employees, and from other persons with whom the system operator deals 
directly in connection with any matter for cablecasting, information to 
enable such system operator to make the announcement required by this 
section.
    (c) In the case of any political origination cablecast matter or any 
origination cablecast matter involving the discussion of public 
controversial issues for which any film, record, transcription, talent, 
script, or other material or service of any kind is furnished, either 
directly or indirectly, to a cable television system operator as an 
inducement for cablecasting such matter, an announcement shall be made 
both at the beginning and conclusion of such

[[Page 716]]

cablecast on which such material or service is used that such film, 
record, transcription, talent, script, or other material or service has 
been furnished to such cable television system operator in connection 
with the transmission of such cablecast matter: Provided, however, that 
in the case of any cablecast of 5 minutes' duration or less, only one 
such announcement need be made either at the beginning or conclusion of 
the cablecast.
    (d) The announcement required by this section shall, in addition to 
stating the fact that the origination cablecasting matter was sponsored, 
paid for or furnished, fully and fairly disclose the true identity of 
the person or persons, or corporation, committee, association or other 
unincorporated group, or other entity by whom or on whose behalf such 
payment is made or promised, or from whom or on whose behalf such 
services or other valuable consideration is received, or by whom the 
material or services referred to in paragraph (c) of this section are 
furnished. Where an agent or other person or entity contracts or 
otherwise makes arrangements with a cable television system operator on 
behalf of another, and such fact is known or by the exercise of 
reasonable diligence, as specified in paragraph (b) of this section, 
could be known to the system operator, the announcement shall disclose 
the identity of the person or persons or entity on whose behalf such 
agent is acting instead of the name of such agent.
    (e) In the case of an origination cablecast advertising commercial 
products or services, an announcement stating the sponsor's corporate or 
trade name, or the name of the sponsor's product, when it is clear that 
the mention of the name of the product constitutes a sponsorship 
identification, shall be deemed sufficient for the purposes of this 
section and only one such announcement need be made at any time during 
the course of the cablecast.
    (f) The announcement otherwise required by this section is waived 
with respect to the origination cablecast of ``want ad'' or classified 
advertisements sponsored by an individual. The waiver granted in this 
paragraph shall not extend to a classified advertisement or want ad 
sponsorship by any form of business enterprise, corporate or otherwise.
    (g) The announcements required by this section are waived with 
respect to feature motion picture film produced initially and primarily 
for theatre exhibition.

    Note to Sec. 76.1615(g): The waiver heretofore granted by the 
Commission in its Report and Order, adopted November 16, 1960 (FCC 60-
1369; 40 FCC 95), continues to apply to programs filmed or recorded on 
or before June 20, 1963, when Sec. 73.654(e) of this chapter, the 
predecessor television rule, went into effect.

    (h) Commission interpretations in connection with the provisions of 
the sponsorship identification rules for the broadcasting services are 
contained in the Commission's Public Notice, entitled ``Applicability of 
Sponsorship Identification Rules,'' dated May 6, 1963 (40 FCC 141), as 
modified by Public Notice, dated April 21, 1975 (FCC 75-418). Further 
interpretations are printed in full in various volumes of the Federal 
Communications Commission Reports. The interpretations made for the 
broadcasting services are equally applicable to origination 
cablecasting.



Sec. 76.1616  Contracts with local exchange carriers.

    Within 10 days of final execution of a contract permitting a local 
exchange carrier to use that part of the transmission facilities of a 
cable system extending from the last multi-user terminal to the premises 
of the end use, the parties shall submit a copy of such contract, along 
with an explanation of how such contract is reasonably limited in scope 
and duration, to the Commission for review. The parties shall serve a 
copy of this submission on the local franchising authority, along with a 
notice of the local franchising authority's right to file comments with 
the Commission consistent with Sec. 76.7.



Sec. 76.1617  Initial must-carry notice.

    (a) Within 60 days of activation of a cable system, a cable operator 
must notify all qualified NCE stations of its designated principal 
headend by certified mail, except that after July 31, 2020, notice shall 
be provided by electronic delivery in accordance with Sec. 76.1600.

[[Page 717]]

    (b) Within 60 days of activation of a cable system, a cable operator 
must notify all local commercial and NCE stations that may not be 
entitled to carriage because they either:
    (1) Fail to meet the standards for delivery of a good quality signal 
to the cable system's principal headend, or
    (2) May cause an increased copyright liability to the cable system.
    (c) Within 60 days of activation of a cable system, a cable operator 
must send a copy of a list of all broadcast television stations carried 
by its system and their channel positions to all local commercial and 
noncommercial television stations, including those not designated as 
must-carry stations and those not carried on the system. Such written 
information shall be provided by certified mail, except that after July 
31, 2020, such information shall be provided by electronic delivery in 
accordance with Sec. 76.1600.

[65 FR 53617, Sept. 5, 2000, as amended at 85 FR 16006, Mar. 20, 2020]



Sec. 76.1618  Basic tier availability.

    A cable operator shall provide written notification to subscribers 
of the availability of basic tier service to new subscribers at the time 
of installation. This notification shall include the following 
information:
    (a) That basic tier service is available;
    (b) The cost per month for basic tier service;
    (c) A list of all services included in the basic service tier.



Sec. 76.1619  Information on subscriber bills.

    (a) Effective July 1, 1993, bills must be clear, concise and 
understandable. Bills must be fully itemized, with itemizations 
including, but not limited to, basic and premium service charges and 
equipment charges. Bills will also clearly delineate all activity during 
the billing period, including optional charges, rebates and credits.
    (b) In case of a billing dispute, the cable operator must respond to 
a written complaint from a subscriber within 30 days. The required 
response may be delivered by email, if the consumer used email to make 
the request or complaint directly to the cable operator, or if the 
consumer specifies email as the preferred delivery method in the request 
or complaint.
    (c) A cable franchise authority may enforce the customer service 
standards set forth in this section against cable operators. The 
franchise authority must provide affected cable operators 90 days 
written notice of its intent to enforce standards.

[65 FR 53617, Sept. 5, 2000, as amended at 83 FR 66158, Dec. 26, 2018]



Sec. 76.1620  Availability of signals.

    If a cable operator authorizes subscribers to install additional 
receiver connections, but does not provide the subscriber with such 
connections, or with the equipment and materials for such connections, 
the operator shall notify such subscribers of all broadcast stations 
carried on the cable system which cannot be viewed via cable without a 
converter box and shall offer to sell or lease such a converter box to 
such subscribers. Such notification must be provided by June 2, 1993, 
and annually thereafter and to each new subscriber upon initial 
installation. The notice, which may be included in routine billing 
statements, shall identify the signals that are unavailable without an 
additional connection, the manner for obtaining such additional 
connection and instructions for installation.



Sec. Sec. 76.1621-76.1622  [Reserved]



           Subpart U_Documents to be Maintained for Inspection

    Source: 65 FR 53621, Sept. 5, 2000, unless otherwise noted.



Sec. 76.1700  Records to be maintained by cable system operators.

    (a) Public inspection file. The following records must be placed in 
the online public file hosted by the Commission, except as indicated in 
paragraph (d) of this section.
    (1) Political file. All requests for cablecast time made by or on 
behalf of a candidate for public office and all other information 
required to be maintained pursuant to Sec. 76.1701;

[[Page 718]]

    (2) Equal employment opportunity. All EEO materials described in 
Sec. 76.1702 except for any EEO program annual reports, which the 
Commission will link to the electronic version of all systems' public 
inspection files;
    (3) Commercial records on children's programs. Sufficient records to 
verify compliance with Sec. 76.225 in accordance with Sec. 76.1703;
    (4) [Reserved]
    (5) Leased access. If a cable operator adopts and enforces written 
policy regarding indecent leased access programming, such a policy shall 
be published in accordance with Sec. 76.1707;
    (6) Availability of signals. The operator of every cable television 
system shall maintain a list of all broadcast television stations 
carried by its system in fulfillment of the must-carry requirements in 
accordance with Sec. 76.1709;
    (7) [Reserved]
    (8) Sponsorship identification. Whenever sponsorship announcements 
are omitted pursuant to Sec. 76.1615(f) of Subpart T, the cable 
television system operator shall maintain a list in accordance with 
Sec. 76.1715;
    (9) Compatibility with consumer electronics equipment. Cable system 
operators generally may not scramble or otherwise encrypt signals 
carried on the basic service tier. Copies of requests for waivers of 
this prohibition must be available in the public inspection file in 
accordance with Sec. 76.630.
    (b) Information available to the franchisor. These records must be 
made available by cable system operators to local franchising 
authorities on reasonable notice and during regular business hours, 
except as indicated in paragraph (d) of this section.
    (1) Proof-of-performance test data. The proof of performance tests 
shall be made available upon request in accordance with Sec. 76.1704;
    (2) Complaint resolution. Cable system operators shall establish a 
process for resolving complaints from subscribers about the quality of 
the television signal delivered. Aggregate data based upon these 
complaints shall be made available for inspection in accordance with 
Sec. 76.1713.
    (c) Information available to the Commission. These records must be 
made available by cable system operators to the Commission on reasonable 
notice and during regular business hours, except as indicated in 
paragraph (d) of this section.
    (1) Proof-of-performance test data. The proof of performance tests 
shall be made available upon request in accordance with Sec. 76.1704;
    (2) Signal leakage logs and repair records. Cable operators shall 
maintain a log showing the date and location of each leakage source in 
accordance with Sec. 76.1706;
    (3) Emergency alert system and activations. Every cable system shall 
keep a record of each test and activation of the Emergency Alert System 
(EAS). The test is performed pursuant to the procedures and requirements 
of part 11 of this chapter and the EAS Operating Handbook. The records 
are kept in accordance with part 11 of this chapter and Sec. 76.1711;
    (4) Complaint resolution. Cable system operators shall establish a 
process for resolving complaints from subscribers about the quality of 
the television signal delivered. Aggregate data based upon these 
complaints shall be made available for inspection in accordance with 
Sec. 76.1713;
    (5) Subscriber records and public inspection file. The operator of a 
cable television system shall make the system, its public inspection 
file, and its records of subscribers available for inspection upon 
request in accordance with Sec. 76.1716.
    (d) Exceptions to the public inspection file requirements. The 
operator of every cable television system having fewer than 1,000 
subscribers is exempt from the online public file and from the public 
record requirements contained in Sec. 76.1701 (political file); Sec. 
76.1702 (EEO records available for public inspection); Sec. 76.1703 
(commercial records for children's programming); Sec. 76.1704 (proof-
of-performance test data); Sec. 76.1706 (signal leakage logs and repair 
records); Sec. 76.1714 (Familiarity with FCC rules); and Sec. 76.1715 
(sponsorship identification).
    (e) Location of records. For cable television systems exempt from 
the online public file requirement pursuant to paragraph (d) of this 
section, public file material that continues to be retained at the 
system shall be retained in a

[[Page 719]]

public inspection file maintained at the office in the community served 
by the system that the system operator maintains for the ordinary 
collection of subscriber charges, resolution of subscriber complaints, 
and other business and, if the system operator does not maintain such an 
office in the community, at any accessible place in the communities 
served by the system (such as a public registry for documents or an 
attorney's office). Public file locations will be open at least during 
normal business hours and will be conveniently located. The public 
inspection file shall be available for public inspection at any time 
during regular business hours for the facility where they are kept. All 
or part of the public inspection file may be maintained in a computer 
database, as long as a computer terminal capable of accessing the 
database is made available, at the location of the file, to members of 
the public who wish to review the file.
    (f) Links and contact and geographic information. A system must 
provide a link to the public inspection file hosted on the Commission's 
website from the home page of its own website, if the system has a 
website, and provide contact information on its website for a system 
representative who can assist any person with disabilities with issues 
related to the content of the public files. A system also is required to 
include in the online public file the address of the system's local 
public file, if the system is exempt from the online public file 
requirement pursuant to paragraph (d) of this section but opts to use it 
in part while retaining certain documents in the local file that are not 
available in the Commission's online file, and the name, phone number, 
and email address of the system's designated contact for questions about 
the public file. In addition, a system must provide on the online public 
file a list of the five digit ZIP codes served by the system. To the 
extent this section refers to the local public inspection file, it 
refers to the public file of a physical system, which is either 
maintained at the location described in paragraph (e) of this section or 
on the Commission's website, depending upon where the documents are 
required to be maintained under the Commission's rules.
    (g) Reproduction of records. Copies of any material in the public 
inspection file that is not also available in the Commission's online 
file shall be available for machine reproduction upon request made in 
person, provided the requesting party shall pay the reasonable cost of 
reproduction. Requests for machine copies shall be fulfilled at a 
location specified by the system operator, within a reasonable period of 
time, which in no event shall be longer than seven days. The system 
operator is not required to honor requests made by mail but may do so if 
it chooses.

[81 FR 10125, Feb. 29, 2016, as amended at 82 FR 11412, Feb. 23, 2017; 
83 FR 13683, Mar. 30, 2018; 84 FR 18409, May 1, 2019; 85 FR 21078, Apr. 
16, 2020; 85 FR 73429, Nov. 18, 2020]



Sec. 76.1701  Political file.

    (a) Every cable television system operator engaged in origination 
programming shall maintain, and make available for public inspection, a 
complete record of a request to purchase cablecast time that:
    (1) Is made by or on behalf of a legally qualified candidate for 
public office; or
    (2) Communicates a message relating to any political matter of 
national importance, including:
    (i) A legally qualified candidate;
    (ii) Any election to Federal office; or
    (iii) A national legislative issue of public importance.
    (b) A record maintained under paragraph (a) shall contain 
information regarding:
    (1) Whether the request to purchase cablecast time is accepted or 
rejected by the cable television system operator;
    (2) The rate charged for the cablecast time;
    (3) The date and time on which the communication is aired;
    (4) The class of time that is purchased;
    (5) The name of the candidate to which the communication refers and 
the office to which the candidate is seeking election, the election to 
which the communication refers, or the issue to whih the communication 
refers (as applicable);

[[Page 720]]

    (6) In the case of a request made by, or on behalf of, a candidate, 
the name of the candidate, the authorized committee of the candidate, 
and the treasurer of such committee; and
    (7) In the case of any other request, the name of the person 
purchasing the time, the name, address, and phone number of a contact 
person for such person, and a list of the chief executive officers or 
members of the executive committee or of the board of directors of such 
person.
    (c) When free time is provided for use by or on behalf of 
candidates, a record of the free time provided shall be placed in the 
political file.
    (d) All records required by this paragraph shall be placed in the 
political file as soon as possible and shall be retained for a period of 
two years. As soon as possible means immediately absent unusual 
circumstances.
    (e) Where origination cablecasting material is a political matter or 
matter involving the discussion of a controversial issue of public 
importance and a corporation, committee, association or other 
unincorporated group, or other entity is paying for or furnishing the 
matter, the system operator shall, in addition to making the 
announcement required by Sec. 76.1615, require that a list of the chief 
executive officers or members of the executive committee or of the board 
of directors of the corporation, committee, association or other 
unincorporated group, or other entity shall be made available for public 
inspection at the local office of the system. Such lists shall be kept 
and made available for two years.

[65 FR 53621, Sept. 5, 2000, as amended at 83 FR 7631, Feb. 22, 2018; 87 
FR 7755, Feb. 10, 2022; 87 FR 33441, June 2, 2022]



Sec. 76.1702  Equal employment opportunity.

    (a) Every employment unit with six or more full-time employees shall 
maintain for public inspection a file containing copies of all EEO 
program annual reports filed with the Commission pursuant to Sec. 76.77 
and the equal employment opportunity program information described in 
paragraph (b) of this section. These materials shall be placed in the 
Commission's online public inspection file(s), maintained on the 
Commission's database, for each cable system associated with the 
employment unit. These materials shall be placed in the Commission's 
online public inspection file annually by the date that the unit's EEO 
program annual report is due to be filed and shall be retained for a 
period of five years. A headquarters employment unit file and a file 
containing a consolidated set of all documents pertaining to the other 
employment units of a multichannel video programming distributor that 
operates multiple units shall be maintained in the online public 
inspection file(s), maintained on the Commission's database, for every 
cable system associated with the headquarters employment unit.
    (b) The following equal employment opportunity program information 
shall be included annually in the unit's public file, and on the unit's 
web site, if it has one, at the time of the filing of its FCC Form 396-
C:
    (1) A list of all full-time vacancies filled by the multichannel 
video programming distributor employment unit during the preceding year, 
identified by job title;
    (2) For each such vacancy, the recruitment source(s) utilized to 
fill the vacancy (including, if applicable, organizations entitled to 
notification pursuant to Sec. 76.75(b)(1)(ii) of this section, which 
should be separately identified), identified by name, address, contact 
person and telephone number;
    (3) The recruitment source that referred the hiree for each full-
time vacancy during the preceding year;
    (4) Data reflecting the total number of persons interviewed for 
full-time vacancies during the preceding year and the total number of 
interviewees referred by each recruitment source utilized in connection 
with such vacancies; and
    (5) A list and brief description of the initiatives undertaken 
pursuant to Sec. 76.75(b)(2) during the preceding year, if applicable.

[68 FR 693, Jan. 7, 2003, as amended at 81 FR 10126, Feb. 29, 2016]

[[Page 721]]



Sec. 76.1703  Commercial records on children's programs.

    Cable operators airing children's programming must maintain records 
sufficient to verify compliance with Sec. 76.225 and make such records 
available to the public. Such records must be maintained for a period 
sufficient to cover the limitations period specified in 47 U.S.C. 
503(b)(6)(B).



Sec. 76.1704  Proof-of-performance test data.

    (a) The proof of performance tests required by Sec. 76.601 shall be 
maintained on file at the operator's local business office for at least 
five years. The test data shall be made available for inspection by the 
Commission or the local franchiser, upon request.
    (b) The provisions of paragraph (a) of this section shall not apply 
to any cable television system having fewer than 1,000 subscribers, 
subject to the requirements of Sec. 76.601(d).

    Note to Sec. 76.1704: If a signal leakage log is being used to meet 
proof of performance test recordkeeping requirements in accordance with 
Sec. 76.601, such a log must be retained for the period specified in 
Sec. 76.601(d).



Sec. 76.1705  [Reserved]



Sec. 76.1706  Signal leakage logs and repair records.

    Cable operators shall maintain a log showing the date and location 
of each leakage source identified pursuant to Sec. 76.614, the date on 
which the leakage was repaired, and the probable cause of the leakage. 
The log shall be kept on file for a period of two years and shall be 
made available to authorized representatives of the Commission upon 
request.

    Note to Sec. 76.1705: If a signal leakage log is being used to meet 
proof of performance test recordkeeping requirements in accordance with 
Sec. 76.601, such a log must be retained for the period specified in 
Sec. 76.601(d).



Sec. 76.1707  Leased access.

    If a cable operator adopts and enforces a written policy regarding 
indecent leased access programming pursuant to Sec. 76.701, such a 
policy will be considered published pursuant to that rule by inclusion 
of the written policy in the operator's public inspection file.



Sec. 76.1708  [Reserved]



Sec. 76.1709  Availability of signals.

    (a) The operator of every cable television system shall maintain for 
public inspection a file containing a list of all broadcast television 
stations carried by its system in fulfillment of the must-carry 
requirements pursuant to Sec. 76.56. Such list shall include the call 
sign, community of license, broadcast channel number, cable channel 
number, and in the case of a noncommercial educational broadcast 
station, whether that station was carried by the cable system on March 
29, 1990.
    (b) Such records must be maintained in accordance with the 
provisions of Sec. 76.1700.
    (c) A cable operator shall respond in writing within 30 days to any 
written request by any person for the identification of the signals 
carried on its system in fulfillment of the requirements of Sec. 76.56.

[65 FR 53621, Sept. 5, 2000, as amended at 81 FR 10126, Feb. 29, 2016]



Sec. 76.1711  Emergency alert system (EAS) tests and activation.

    Every cable system of 1,000 or more subscribers shall keep a record 
of each test and activation of the Emergency Alert System (EAS) 
procedures pursuant to the requirement of part 11 of this chapter and 
the EAS Operating Handbook. These records shall be kept for three years.



Sec. 76.1712  Open video system (OVS) requests for carriage.

    An open video system operator shall maintain a file of qualified 
video programming providers who have requested carriage or additional 
carriage since the previous allocation of capacity. Information 
regarding how a video programming provider should apply for carriage 
must be made available upon request.

    Note 1 to Sec. 76.1712: An open video system operator will not be 
required to comply with the regulations contained in this section if 
there is no open capacity to be allocated at the end of the three year 
period described in Sec. 76.1503(c)(2)(ii).

[[Page 722]]



Sec. 76.1713  Complaint resolution.

    Cable system operators shall establish a process for resolving 
complaints from subscribers about the quality of the television signal 
delivered. Aggregate data based upon these complaints shall be made 
available for inspection by the Commission and franchising authorities, 
upon request. These records shall be maintained for at least a one-year 
period.

    Note 1 to Sec. 76.1713: Prior to being referred to the Commission, 
complaints from subscribers about the quality of the television signal 
delivered must be referred to the local franchising authority and the 
cable system operator.



Sec. 76.1714  Familiarity with FCC rules.

    (a) The operator of a cable television system is expected to be 
familiar with the rules governing cable television systems and, if 
subject to the Emergency Alert System (EAS) rules contained in part 11 
of this chapter, the EAS rules. Copies of the Commission's rules may be 
obtained from the Superintendent of Documents, Government Publishing 
Office, Washington, DC 20401, at nominal cost, or accessed online at 
https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/
collectionCfr.action?collectionCode=CFR. Copies of the EAS Operating 
Handbook may be accessed online at https://www.fcc.gov/general/eas-test-
reporting-system.
    (b) The provisions of paragraph (a) of this section are not 
applicable to any cable television system serving fewer than 1000 
subscribers.
    (c) Both the licensee of a cable television relay station (CARS) and 
the operator or operators responsible for the proper operation of the 
station are expected to be familiar with the rules governing cable 
television relay stations. Copies of the Commission's rules may be 
obtained from the Superintendent of Documents, Government Publishing 
Office, Washington, DC 20401, at nominal cost, or accessed online at 
https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/
collectionCfr.action?collectionCode=CFR.

[65 FR 53621, Sept. 5, 2000, as amended at 83 FR 13683, Mar. 30, 2018]



Sec. 76.1715  Sponsorship identification.

    Whenever sponsorship announcements are omitted pursuant to Sec. 
76.1615(f) of subpart T, the cable television system operator shall 
observe the following conditions:
    (a) Maintain a list showing the name, address, and (where available) 
the telephone number of each advertiser;
    (b) Make this list available to members of the public who have a 
legitimate interest in obtaining the information contained in the list.



Sec. 76.1716  Subscriber records and public inspection file.

    The operator of a cable television system shall make the system, its 
public inspection file, and its records of subscribers available for 
inspection upon request by an authorized representative of the 
Commission at any reasonable hour.



Sec. 76.1717  Compliance with technical standards.

    Each system operator shall be prepared to show, on request by an 
authorized representative of the Commission or the local franchising 
authority, that the system does, in fact, comply with the technical 
standards rules in part 76, subpart K.



                      Subpart V_Reports and Filings

    Source: 65 FR 53623, Sept. 5, 2000, unless otherwise noted.



Sec. 76.1800  Additional reports and filings.

    In addition to the reports and filings required by this subpart, 
cable operators must provide all notifications which are required by 
Sec. 1.1155 of this chapter (annual regulatory user fees). In addition, 
all cable systems subject to rate regulation must file FCC rate forms 
pursuant to the Commission's rate rules contained in subparts N and R of 
this part.

    Note 1 to Sec. 76.1800: Cable operators are required by the 
Copyright Act to make semi-annual filings of Statements of Account with 
the Licensing Division of the Copyright Office, Library of Congress, 
Washington, DC 20557.
    Note 2 to Sec. 76.1800: The Commission may require certain 
financial information to be

[[Page 723]]

submitted pursuant to Section 623(g) of the Communications Act, 47 
U.S.C. 543(g).



Sec. 76.1801  Registration statement.

    (a) A system community unit shall be authorized to commence 
operation only after filing with the Commission the following 
information on FCC Form 322.
    (1) The legal name of the operator, entity identification or social 
security number, and whether the operator is an individual, private 
association, partnership, or corporation. If the operator is a 
partnership, the legal name of the partner responsible for 
communications with the Commission shall be supplied;
    (2) The assumed name (if any) used for doing business in the 
community;
    (3) The mailing address, including zip code; e-mail address, if 
applicable; and telephone number to which communications are to be 
directed;
    (4) The month and year the system began service to subscribers;
    (5) The name of the community or area served and the county in which 
it is located;
    (6) The television broadcast signals to be carried which previously 
have not been certified or registered; and
    (7) The FCC Registration Number (FRN).
    (b) Registration statements, FCC Form 322, shall be signed by the 
operator; by one of the partners, if the operator is a partnership; by 
an officer, if the operator is a corporation; by a member who is an 
officer, if the operator is an unincorporated association; or by any 
duly authorized employee of the operator.
    (c) Registration statements, FCC Form 322, may be signed by the 
operator's attorney in case of the operator's physical disability or of 
his absence from the United States. The attorney shall in that event 
separately set forth the reasons why the registration statement was not 
signed by the operator. In addition, if any matter is stated on the 
basis of the attorney's belief only (rather than the attorney's 
knowledge), the attorney shall separately set forth the reasons for 
believing that such statements are true.

[68 FR 27003, May 19, 2003]



Sec. 76.1802  Annual employment report.

    Each employment unit with six or more full-time employees shall file 
an annual employment report on FCC Form 395-A with the Commission on or 
before September 30 of each year.

    Note to Sec. 76.1802: Data concerning the gender, race and 
ethnicity of an employment unit's workforce collected in the annual 
employment report will be used only for purposes of analyzing industry 
trends and making reports to Congress. Such data will not be used for 
the purpose of assessing any aspect of an individual employment unit's 
compliance with our EEO rules for multi-channel video program 
distributors.

[69 FR 34954, June 23, 2004]



Sec. 76.1803  Signal leakage monitoring.

    MVPDs subject to Sec. 76.611 must submit the results of ground 
based measurements derived in accordance with Sec. 76.611(a)(1) or 
airspace measurements derived in accordance with Sec. 76.611(a)(2), 
including a description of the method by which compliance with basic 
signal leakage criteria is achieved and the method of calibrating the 
measurement equipment. This information shall be provided to the 
Commission each calendar year via FCC Form 320.

[68 FR 27003, May 19, 2003]



Sec. 76.1804  Aeronautical frequencies: leakage monitoring (CLI).

    An MVPD shall notify the Commission before transmitting any digital 
signal with average power exceeding 10-\5\ watts across a 30 
kHz bandwidth in a 2.5 millisecond time period, or for other signal 
types, any carrier of other signal component with an average power level 
across a 25 kHz bandwidth in any 160 microsecond time period equal to or 
greater than 10-\4\ watts at any point in the cable 
distribution system on any new frequency or frequencies in the 
aeronautical radio frequency bands (108-137 MHz, 225-400 MHz). The 
notification shall be made on FCC Form 321. Such notification shall 
include:
    (a) Legal name and local address of the MVPD;
    (b) The names and FCC identifiers (e.g., CA0001) of the system 
communities affected, for a cable system, and the name and FCC 
identifier (e.g., CAB901), for other MVPDs;

[[Page 724]]

    (c) The names and telephone numbers of local system officials who 
are responsible for compliance with Sec. Sec. 76.610 through 76.616 and 
Sec. 76.1803;
    (d) Carrier frequency, tolerance, and type of modulation of all 
carriers in the aeronautical bands at any location in the cable 
distribution system and the maximum of those average powers measured 
over a 2.5 kHz bandwidth as described in the introductory paragraph to 
this rule section;
    (e) The geographical coordinates (in NAD83) of a point near the 
center of the system, together with the distance (in kilometers) from 
the designated point to the most remote point of the plant, existing or 
planned, that defines a circle enclosing the entire plant;
    (f) Certification that the monitoring procedure used is in 
compliance with Sec. 76.614 or description of the routine monitoring 
procedure to be used; and
    (g) For MVPDs subject to Sec. 76.611, the cumulative signal leakage 
index derived under Sec. 76.611(a)(1) or the results of airspace 
measurements derived under Sec. 76.611(a)(2), including a description 
of the method by which compliance with the basic signal leakage criteria 
is achieved and the method of calibrating the measurement equipment.
    (h) Aeronautical Frequency Notifications, FCC Form 321, shall be 
personally signed either electronically or manually by the operator; by 
one of the partners, if the operator is a partnership; by an officer, if 
the operator is a corporation; by a member who is an officer, if the 
operator is an unincorporated association; or by any duly authorized 
employee of the operator.
    (i) Aeronautical Frequency Notifications, FCC Form 321, may be 
signed by the operator's attorney in case of the operator's physical 
disability or of his absence from the United States. The attorney shall 
in that event separately set forth the reasons why the FCC Form 321 was 
not signed by the operator. In addition, if any matter is stated on the 
basis of the attorney's belief only (rather than the attorney's 
knowledge), the attorney shall separately set forth the reasons for 
believing that such statements are true.
    (j) The FCC Registration Number (FRN).

[68 FR 27003, May 19, 2003, as amended at 83 FR 7631, Feb. 22, 2018]



Sec. 76.1805  Alternative rate regulation agreements.

    Small systems owned by small cable companies must file with the 
Commission a copy of any operative alternative rate regulation agreement 
entered into with a local franchising authority pursuant to Sec. 
76.934(g), within 30 days after its effective date.



                        Subpart W_Encoding Rules

    Source: 68 FR 66735, Nov. 28, 2003, unless otherwise noted.



Sec. 76.1901  Applicability.

    (a) Each multi-channel video programming distributor shall comply 
with the requirements of this subpart.
    (b) This subpart shall not apply to distribution of any content over 
the Internet, nor to a multichannel video programming distributor's 
operations via cable modem or DSL.
    (c) With respect to cable system operators, this subpart shall apply 
only to cable services. This subpart shall not apply to cable modem 
services, whether or not provided by a cable system operator or 
affiliate.



Sec. 76.1902  Definitions.

    (a) Commercial advertising messages shall mean, with respect to any 
service, program, or schedule or group of programs, commercial 
advertising messages other than:
    (1) Advertising relating to such service itself or the programming 
contained therein,
    (2) Interstitial programming relating to such service itself or the 
programming contained therein, or
    (3) Any advertising which is displayed concurrently with the display 
of any part of such program(s), including but not limited to ``bugs,'' 
``frames'' and ``banners.''
    (b) Commercial audiovisual content shall mean works that consist of 
a series of related images which are intrinsically intended to be shown 
by the use

[[Page 725]]

of machines, or devices such as projectors, viewers, or electronic 
equipment, together with accompanying sounds, if any, regardless of the 
nature of the material objects, such as films or tapes, in which the 
works are embodied, transmitted by a covered entity and that are:
    (1) Not created by the user of a covered product, and
    (2) Offered for transmission, either generally or on demand, to 
subscribers or purchasers or the public at large or otherwise for 
commercial purposes, not uniquely to an individual or a small, private 
group.
    (c) Commercially adopted access control method shall mean any 
commercially adopted access control method including digitally 
controlled analog scrambling systems, whether now or hereafter in 
commercial use.
    (d) Copy never shall mean, with respect to commercial audiovisual 
content, the encoding of such content so as to signal that such content 
may not to be copied by a covered product.
    (e) Copy one generation shall mean, with respect to commercial 
audiovisual content, the encoding of such content so as to permit a 
first generation of copies to be made by a covered product but not 
copies of such first generation of copies.
    (f) Copy no more shall mean, with respect to commercial audiovisual 
content, the encoding of such content so as to reflect that such content 
is a first generation copy of content encoded as copy one generation and 
no further copies are permitted.
    (g) Covered product shall mean a device used by consumers to access 
commercial audiovisual content offered by a covered entity (excluding 
delivery via cable modem or the Internet); and any device to which 
commercial audiovisual content so delivered from such covered product 
may be passed, directly or indirectly.
    (h) Covered entity shall mean any entity that is subject to this 
subpart.
    (i) Defined business model shall mean video-on-demand, pay-per view, 
pay television transmission, non-premium subscription television, free 
conditional access delivery and unencrypted broadcast television.
    (j) Encode shall mean, in the transmission of commercial audiovisual 
content, to pass, attach, embed, or otherwise apply to, associate with, 
or allow to persist in or remain associated with such content, data or 
information which when read or responded to in a covered device has the 
effect of preventing, pausing, or limiting copying, or constraining the 
resolution of a program when output from the covered device.
    (k) Encoding rules shall mean the requirements or prohibitions 
describing or limiting encoding of audiovisual content as set forth in 
this subpart.
    (l) Free conditional access delivery shall mean a delivery of a 
service, program, or schedule or group of programs via a commercially-
adopted access control method, where viewers are not charged any fee 
(other than government-mandated fees) for the reception or viewing of 
the programming contained therein, other than unencrypted broadcast 
television.
    (m) Non-premium subscription television shall mean a service, or 
schedule or group of programs (which may be offered for sale together 
with other services, or schedule or group of programs), for which 
subscribers are charged a subscription fee for the reception or viewing 
of the programming contained therein, other than pay television, 
subscription-on-demand and unencrypted broadcast television. By way of 
example, ``basic cable service'' and ``extended basic cable service'' 
(other than unencrypted broadcast television) are ``non-premium 
subscription television.''
    (n) Pay-per-view shall mean a delivery of a single program or a 
specified group of programs, as to which each such single program is 
generally uninterrupted by commercial advertising messages and for which 
recipients are charged a separate fee for each program or specified 
group of programs. The term pay-per-view shall also include delivery of 
a single program for which multiple start times are made available at 
time intervals which are less than the running time of such program as a 
whole. If a given delivery qualifies both as pay-per-view and a pay 
television transmission, then, for purposes of this subpart, such 
delivery shall be deemed

[[Page 726]]

pay-per-view rather than a pay television transmission.
    (o) Pay television transmission shall mean a transmission of a 
service or schedule of programs, as to which each individual program is 
generally uninterrupted by commercial advertising messages and for which 
service or schedule of programs subscribing viewers are charged a 
periodic subscription fee, such as on a monthly basis, for the reception 
of such programming delivered by such service whether separately or 
together with other services or programming, during the specified 
viewing period covered by such fee. If a given delivery qualifies both 
as a pay television transmission and pay-per-view, video-on-demand, or 
subscription-on-demand then, for purposes of this subpart, such delivery 
shall be deemed pay-per-view, video-on-demand or subscription-on-demand 
rather than a pay television transmission.
    (p) Program shall mean any work of commercial audiovisual content.
    (q) Subscription-on-demand shall mean the delivery of a single 
program or a specified group of programs for which:
    (1) A subscriber is able, at his or her discretion, to select the 
time for commencement of exhibition thereof,
    (2) Where each such single program is generally uninterrupted by 
commercial advertising messages; and
    (3) For which program or specified group of programs subscribing 
viewers are charged a periodic subscription fee for the reception of 
programming delivered by such service during the specified viewing 
period covered by the fee. In the event a given delivery of a program 
qualifies both as a pay television transmission and subscription-on-
demand, then for purposes of this subpart, such delivery shall be deemed 
subscription-on-demand rather than a pay television transmission.
    (r) Undefined business model shall mean a business model that does 
not fall within the definition of a defined business model.
    (s) Unencrypted broadcast television means any service, program, or 
schedule or group of programs, that is a substantially simultaneous 
retransmission of a broadcast transmission (i.e., an over-the-air 
transmission for reception by the general public using radio frequencies 
allocated for that purpose) that is made by a terrestrial television 
broadcast station located within the country or territory in which the 
entity retransmitting such broadcast transmission also is located, where 
such broadcast transmission is not subject to a commercially-adopted 
access control method (e.g., is broadcast in the clear to members of the 
public receiving such broadcasts), regardless of whether such entity 
subjects such retransmission to an access control method.
    (t) Video-on-demand shall mean a delivery of a single program or a 
specified group of programs for which:
    (1) Each such individual program is generally uninterrupted by 
commercial advertising messages;
    (2) Recipients are charged a separate fee for each such single 
program or specified group of programs; and
    (3) A recipient is able, at his or her discretion, to select the 
time for commencement of exhibition of such individual program or 
specified group of programs. In the event a delivery qualifies as both 
video-on-demand and a pay television transmission, then for purposes of 
this subpart, such delivery shall be deemed video-on-demand.

[68 FR 66735, Nov. 28, 2003, as amended at 69 FR 4082, Jan. 28, 2004; 76 
FR 40280, July 8, 2011]



Sec. 76.1903  Interfaces.

    A covered entity shall not attach or embed data or information with 
commercial audiovisual content, or otherwise apply to, associate with, 
or allow such data to persist in or remain associated with such content, 
so as to prevent its output through any analog or digital output 
authorized or permitted under license, law or regulation governing such 
covered product.



Sec. 76.1904  Encoding rules for defined business models.

    (a) Commercial audiovisual content delivered as unencrypted 
broadcast television shall not be encoded so as to prevent or limit 
copying thereof by covered products or, to constrain the resolution of 
the image when output from a covered product.
    (b) Except for a specific determination made by the Commission 
pursuant

[[Page 727]]

to a petition with respect to a defined business model other than 
unencrypted broadcast television, or an undefined business model subject 
to the procedures set forth in Sec. 76.1906:
    (1) Commercial audiovisual content shall not be encoded so as to 
prevent or limit copying thereof except as follows:
    (i) To prevent or limit copying of video-on-demand or pay-per-view 
transmissions, subject to the requirements of paragraph (b)(2) of this 
section; and
    (ii) To prevent or limit copying, other than first generation of 
copies, of pay television transmissions, non-premium subscription 
television, and free conditional access delivery transmissions; and
    (2) With respect to any commercial audiovisual content delivered or 
transmitted in form of a video-on-demand or pay-per-view transmission, a 
covered entity shall not encode such content so as to prevent a covered 
product, without further authorization, from pausing such content up to 
90 minutes from initial transmission by the covered entity (e.g., frame-
by-frame, minute-by-minute, megabyte by megabyte).



Sec. 76.1905  Petitions to modify encoding rules for new services within defined business models.

    (a) The encoding rules for defined business models in Sec. 76.1904 
reflect the conventional methods for packaging programs in the MVPD 
market as of December 31, 2002, and are presumed to be the appropriate 
rules for defined business models. A covered entity may petition the 
Commission for approval to allow within a defined business model, other 
than unencrypted broadcast television, the encoding of a new service in 
a manner different from the encoding rules set forth in Sec. 
76.1904(b)(1) and (2). No such petition will be approved under the 
public interest test set forth in paragraph (c)(4) of this section 
unless the new service differs from existing services provided by any 
covered entity under the applicable defined business model prior to 
December 31, 2002.
    (b) Petitions. A petition to encode a new service within a defined 
business model other than as permitted by the encoding rules set forth 
in Sec. 76.1904(b)(1) and (2) shall describe:
    (1) The defined business model, the new service, and the proposed 
encoding terms, including the use of copy never and copy one generation 
encoding, and the encoding of content with respect to ``pause'' set 
forth in Sec. 76.1904(b)(2).
    (2) Whether the claimed benefit to consumers of the new service, 
including, but not limited to, the availability of content in earlier 
release windows, more favorable terms, innovation or original 
programming, outweighs the limitation on the consumers' control over the 
new service;
    (3) The ways in which the new service differs from existing services 
offered by any covered entity within the applicable defined business 
model prior to December 31, 2002;
    (4) All other pertinent facts and considerations relied on to 
support a determination that grant of the petition would serve the 
public interest.
    (5) Factual allegations shall be supported by affidavit or 
declaration of a person or persons with actual knowledge of the facts, 
and exhibits shall be verified by the person who prepares them.
    (c) Petition process--(1) Public notice. The Commission shall give 
public notice of any such petition.
    (2) Comments. Interested persons may submit comments or oppositions 
to the petition within thirty (30) days after the date of public notice 
of the filing of such petition. Comments or oppositions shall be served 
on the petitioner and on all persons listed in petitioner's certificate 
of service, and shall contain a detailed full statement of any facts or 
considerations relied on. Factual allegations shall be supported by 
affidavit or declaration of a person or persons with actual knowledge of 
the facts, and exhibits shall be verified by the person who prepares 
them.
    (3) Replies. The petitioner may file a reply to the comments or 
oppositions within ten (10) days after their submission, which shall be 
served on all persons who have filed pleadings and shall also contain a 
detailed full showing, supported by affidavit or declaration, of any 
additional facts or considerations relied on. There shall be no further 
pleadings filed after petitioner's

[[Page 728]]

reply, unless authorized by the Commission.
    (4) Commission determination as to encoding rules for a new service 
within a defined business model. (i) Proceedings initiated by petitions 
pursuant to this section shall be permit-but-disclose proceedings, 
unless otherwise specified by the Commission. The covered entity shall 
have the burden of proof to establish that the proposed change in 
encoding rules for a new service is in the public interest. In making 
its determination, the Commission shall take into account the following 
factors:
    (A) Whether the benefit to consumers of the new service, including 
but not limited to earlier release windows, more favorable terms, 
innovation or original programming, outweighs the limitation on the 
consumers' control over the new service;
    (B) Ways in which the new service differs from existing services 
offered by any covered entity within the applicable defined business 
model prior to December 31, 2002; and
    (ii) The Commission may specify other procedures, such as oral 
argument, evidentiary hearing, or further written submissions directed 
to particular aspects, as it deems appropriate.
    (iii) A petition may, upon request of the petitioner, be dismissed 
without prejudice as a matter of right prior to the adoption date of any 
final action taken by the Commission with respect to the petition. A 
petitioner's request for the return of a petition will be regarded as a 
request for dismissal.
    (d) Complaint regarding a new service not subject to petition. In an 
instance in which an interested party has a substantial basis to believe 
and does believe in good faith that a new service within a defined 
business model has been launched without a petition as required by this 
section, such party may file a complaint pursuant to Sec. 76.7.



Sec. 76.1906  Encoding rules for undefined business models.

    (a) Upon public notice and subject to requirements as set forth 
herein, a covered entity may launch a program service pursuant to an 
undefined business model. Subject to Commission review upon complaint, 
the covered entity may initially encode programs pursuant to such 
undefined business model without regard to limitations set forth in 
Sec. 76.1904(b).
    (1) Notice. Concurrent with the launch of an undefined business 
model by a covered entity, the covered entity shall issue a press 
release to the PR Newswire so as to provide public notice of the 
undefined business model, and the proposed encoding terms. The notice 
shall provide a concise summary of the commercial audiovisual content to 
be provided pursuant to the undefined business model, and of the terms 
on which such content is to be available to consumers. Immediately upon 
request from a party entitled to be a complainant, the covered entity 
shall make available information that indicates the proposed encoding 
terms, including the use of copy never or copy one generation encoding, 
and the encoding of content with respect to ``pause'' as defined in 
Sec. 76.1904(b)(2).
    (2) Complaint process. Any interested party (``complainant'') may 
file a complaint with the Commission objecting to application of 
encoding as set forth in the notice.
    (i) Pre-complaint resolution. Prior to initiating a complaint with 
the Commission under this section, the complainant shall notify the 
covered entity that it may file a complaint under this section. The 
notice must be sufficiently detailed so that the covered entity can 
determine the specific nature of the potential complaint. The potential 
complainant must allow a minimum of thirty (30) days from such notice 
before filing such complaint with the Commission. During this period the 
parties shall endeavor in good faith to resolve the issue(s) in dispute. 
If the parties fail to reach agreement within this 30 day period, 
complainant may initiate a complaint in accordance with the procedures 
set forth herein.
    (ii) Complaint. Within two years of publication of a notice under 
paragraph (a)(1) of this section, a complainant may file a complaint 
with the Commission objecting to application of the encoding terms to 
the service at issue. Such complaint shall state with particularity the 
basis for objection to the encoding terms.

[[Page 729]]

    (A) The complaint shall contain the name and address of the 
complainant and the name and address of the covered entity.
    (B) The complaint shall be accompanied by a certification of service 
on the named covered entity.
    (C) The complaint shall set forth with specificity all information 
and arguments relied upon. Specific factual allegations shall be 
supported by a declaration of a person or persons with actual knowledge 
of the facts, and exhibits shall be verified by the person who prepares 
them.
    (D) The complaint shall set forth attempts made by the complainant 
to resolve its complaint pursuant to paragraph (a)(2)(i) of this 
section.
    (iii) Public notice. The Commission shall give public notice of the 
filing of the complaint. Once the Commission has issued such public 
notice, any person otherwise entitled to be a complainant shall instead 
have the status of a person submitting comments under paragraph 
(a)(2)(iv) of this section rather than a complainant.
    (iv) Comments and reply. (A) Any person may submit comments 
regarding the complaint within thirty (30) days after the date of public 
notice by the Commission. Comments shall be served on the complainant 
and the covered entity and on any persons listed in relevant 
certificates of service, and shall contain a detailed full statement of 
any facts or considerations relied on. Specific factual allegations 
shall be supported by a declaration of a person or persons with actual 
knowledge of the facts, and exhibits shall be verified by the person who 
prepares them.
    (B) The covered entity may file a response to the complaint and 
comments within twenty (20) days after the date that comments are due. 
Such response shall be served on all persons who have filed complaints 
or comments and shall also contain a detailed full showing, supported by 
affidavit or declaration, of any additional facts or considerations 
relied on. Replies shall be due ten (10) days from the date for filing a 
response.
    (v) Basis for Commission determination as to encoding terms for an 
undefined business model. In a permit-but-disclose proceeding, unless 
otherwise specified by the Commission, to determine whether encoding 
terms as noticed may be applied to an undefined business model, the 
covered entity shall have the burden of proof to establish that 
application of the encoding terms in the undefined business model is in 
the public interest. In making any such determination, the Commission 
shall take into account the following factors:
    (A) Whether the benefit to consumers of the new service, including 
but not limited to earlier release windows, more favorable terms, 
innovation or original programming, outweighs the limitation on the 
consumers' control over the new service;
    (B) Ways in which the new service differs from services offered by 
any covered entity prior to December 31, 2002;
    (vi) Determination procedures. The Commission may specify other 
procedures, such as oral argument, evidentiary hearing, or further 
written submissions directed to particular aspects, as it deems 
appropriate.
    (b) Complaint regarding a service not subject to notice. In an 
instance in which an interested party has a substantial basis to believe 
and believes in good faith that a service pursuant to an undefined 
business model has been launched without requisite notice, such party 
may file a complaint pursuant to Sec. 76.7.



Sec. 76.1907  Temporary bona fide trials.

    The obligations and procedures as to encoding rules set forth in 
Sec. Sec. 76.1904(b) and (c) and 76.1905(a) and (b) do not apply in the 
case of a temporary bona fide trial of a service.



Sec. 76.1908  Certain practices not prohibited.

    Nothing in this subpart shall be construed as prohibiting a covered 
entity from:
    (a) Encoding, storing or managing commercial audiovisual content 
within its distribution system or within a covered product under the 
control of a covered entity's commercially adopted access control 
method, provided that the outcome for the consumer from the application 
of the encoding rules set out in Sec. 76.1904(a) and (b) is unchanged

[[Page 730]]

thereby when such commercial audiovisual content is released to consumer 
control and provided that all other laws, regulations, or licenses 
applicable to such encoding, storage, or management shall be unaffected 
by this section, or
    (b) Causing, with respect to a specific covered product, the output 
of content from such product in a format as necessary to match the 
display format of another device connected to such product, including 
but not limited to providing for content conversion between widely-used 
formats for the transport, processing and display of audiovisual signals 
or data, such as between analog and digital formats and between PAL and 
NTSC or RGB and Y,Pb,Pr.

[68 FR 66735, Nov. 28, 2003, as amended at 76 FR 40280, July 8, 2011]



Sec. 76.1909  Redistribution control of unencrypted digital terrestrial broadcast content.

    (a) For the purposes of this section, the terms unencrypted digital 
terrestrial broadcast content, EIT, PMT, broadcast flag, covered 
demodulator product, and marked content shall have the same meaning as 
set forth in Sec. 73.9000 of this chapter.
    (b) Encrypted retransmission. Where a multichannel video programming 
distributor retransmits unencrypted digital terrestrial broadcast 
content in encrypted form, such distributor shall, upon demodulation of 
the 8-VSB, 16-VSB, 64-QAM or 256-QAM signal, inspect either the EIT or 
PMT for the broadcast flag, and if the broadcast flag is present:
    (1) Securely and robustly convey that information to the consumer 
product used to decrypt the distributor's signal information, and
    (2) Require that such consumer product, following such decryption, 
protect the content of such signal as if it were a covered demodulator 
product receiving marked content.
    (c) Unencrypted retransmission. Where a multichannel video 
programming distributor retransmits unencrypted digital terrestrial 
broadcast content in unencrypted form, such distributor shall, upon 
demodulation:
    (1) Preserve the broadcast flag, if present, in both the EIT and 
PMT; and
    (2) Use 8-VSB, 16-VSB, 64-QAM, or 256-QAM signal modulation for the 
retransmission.
    (d) Unmarked content. Where a multichannel video programming 
distributor retransmits unencrypted digital terrestrial broadcast 
content that is not marked with the broadcast flag, the multichannel 
video programming distributor shall not encode such content to restrict 
its redistribution.

[68 FR 67607, Dec. 3, 2003]



                        Subpart X_Access to MDUs



Sec. 76.2000  Exclusive access to multiple dwelling units generally.

    (a) Prohibition. No cable operator or other provider of MVPD service 
subject to 47 U.S.C. 548 shall enforce or execute any provision in a 
contract that grants to it the exclusive right to provide any video 
programming service (alone or in combination with other services) to a 
MDU. All such exclusivity clauses are null and void.
    (b) Prohibition of graduated revenue sharing agreements. No cable 
operator or other provider of MVPD service subject to 47 U.S.C. 548 
shall enter into or enforce any contract regarding the provision of 
communications service in a MDU, written or oral, in which it gives the 
MDU owner compensation on a graduated basis.
    (1) Definition. For purposes of this paragraph (b), a ``graduated 
basis'' means that the compensation a cable operator or other provider 
of MVPD service subject to 47 U.S.C. 548 pays to a MDU owner for each 
tenant served increases as the total number of tenants served by the 
cable operator or other provider of MVPD service subject to 47 U.S.C. 
548 in the MDU increases.
    (2) Compliance dates--(i) Compliance date for new contracts. After 
April 27, 2022, no cable operator or other provider of MVPD service 
subject to 47 U.S.C. 548 shall enter into any contract regarding the 
provision of communications service in a MDU, written or oral, in which 
it gives the MDU owner compensation on a graduated basis.
    (ii) Compliance date for existing contracts. After September 26, 
2022, no cable operator or other provider of MVPD service subject to 47 
U.S.C. 548 shall enforce any contract regarding

[[Page 731]]

the provision of communications service in an MDU, written or oral, in 
existence as of April 27, 2022, in which it gives the MDU owner 
compensation on a graduated basis.
    (c) Prohibition of exclusive revenue sharing agreements. No cable 
operator or other provider of MVPD service subject to 47 U.S.C. 548 
shall enter into or enforce any contract regarding the provision of 
communications service in a MDU, written or oral, in which it receives 
the exclusive right to provide the MDU owner compensation in return for 
access to the MDU and its tenants.
    (1) Compliance date for new contracts. After April 27, 2022, no 
cable operator or other provider of MVPD service subject to 47 U.S.C. 
548 shall enter into any contract, written or oral, in which it receives 
the exclusive right to provide the MDU owner compensation in return for 
access to the MDU and its tenants.
    (2) Compliance date for existing contracts. After September 26, 
2022, no cable operator or other provider of MVPD service subject to 47 
U.S.C. 548 shall enforce any contract regarding the provision of 
communications service in a MDU, written or oral, in existence as of 
April 27, 2022, in which it receives the exclusive right to provide the 
MDU owner compensation in return for access to the MDU and its tenants.
    (d) Required disclosure of exclusive marketing arrangements. A cable 
operator or other provider of MVPD service subject to 47 U.S.C. 548 
shall disclose the existence of any contract regarding the provision of 
communications service in a MDU, written or oral, in which it receives 
the exclusive right to market its service to tenants of a MDU.
    (1) Such disclosure must:
    (i) Be included on all written marketing material, whether 
electronic or in print, that is directed at tenants or prospective 
tenants of the affected MDU;
    (ii) Identify the existence of the contract and include a plain-
language description of the arrangement, including that the provider has 
the right to exclusively market its communications services to tenants 
in the MDU, that such a right does not mean that the provider is the 
only entity that can provide such services to tenants in the MDU, and 
that service from an alternative provider may be available; and
    (iii) Be made in a manner that it is clear, conspicuous, and 
legible.
    (2)(i) Compliance date for new contracts. After August 22, 2022, a 
cable operator or other provider of MVPD service subject to 47 U.S.C. 
548 shall disclose the existence of any contract regarding the provision 
of communications service in a MDU, written or oral, in which it 
receives the exclusive right to market its service to tenants of an MDU.
    (ii) Compliance date for existing contracts. After September 26, 
2022, a cable operator or other provider of MVPD service subject to 47 
U.S.C. 548 shall disclose the existence of any contract regarding the 
provision of communications service in a MDU, written or oral, in which 
it receives the exclusive right to market its service to tenants of an 
MDU.
    (e) Definition. For purposes of this rule, MDU shall include a 
multiple dwelling unit building (such as an apartment building, 
condominium building or cooperative) and any other centrally managed 
residential real estate development (such as a gated community, mobile 
home park, or garden apartment); provided however, that MDU shall not 
include time share units, academic campuses and dormitories, military 
bases, hotels, rooming houses, prisons, jails, halfway houses, 
hospitals, nursing homes or other assisted living facilities.

[73 FR 1089, Jan. 7, 2008, as amended at 87 FR 17194, Mar. 28, 2022; 87 
FR 51269, Aug. 22, 2022]



                    Sec. Alphabetical Index--Part 76

                     A
 
A and B grade contours.....................  76.5
Access, Channel enforcement................  76.10
Address, operator or status change reports.  76.400
Aeronautical and marine emergency            76.616
 frequencies, Operation near.
Aeronautical band usage, Notification        76.615
 requirements.
Authority, Special temporary...............  76.29
 
                     B
 
B and A grade contours.....................  76.5
Boundaries, TV markets.....................  76.53
Broadcast, Sports..........................  76.67
Broadcast station, TV......................  76.5
 
                     C
 
Cable TV channel: Classes I, II, III, IV...  76.5

[[Page 732]]

 
Cablecasting...............................  76.5
CATV basic signal leakage performance        76.611
 criteria.
CATV system................................  76.5
CATV system interference...................  76.613
Candidates for public office, Cablecast by.  76.205
Carriage disputes..........................  76.58
Carriage, mandatory, Expiration of.........  76.64
Carriage, Manner of........................  76.62
Carriage of other TV signals...............  76.60
Carriage of TV stations, Mandatory.........  76.56
Carriage of TV stations, Mandatory,          76.70
 Exemption from.
Channel access enforcement.................  76.10
Communities, Designated....................  76.51
Community, Principal contour...............  76.5
Community unit.............................  76.5
Consumer education-selector switches.......  76.66
Cross-ownership............................  76.501
 
                     D
 
Definitions, Part 76.......................  76.5
Designated communities.....................  76.51
Dismissal: Special relief petitions........  76.8
Disputes concerning carriage...............  76.58
Doctrine, Fairness.........................  76.209
 
                     E
 
Editorials, Political......................  76.209
Enforcement, Channel access................  76.10
Enforcement, Lockbox.......................  76.11
Equal employment opportunity--
    Scope..................................  76.71
    General Policy.........................  76.73
    Program requirements...................  76.75
    Reporting requirements.................  76.77
    Public inspection of records...........  76.79
Exceptions, to rules provisions--
    Network program nonduplication.........  76.95
    Signal leakage performance criteria....  76.618
    Frequency separation standards.........  76.618
 
                     F
 
Fairness doctrine..........................  76.209
File, Public inspection....................  76.305
Forfeitures................................  76.9
Forms, Report..............................  76.403
Frequency bands 108-136; 225-400 MHz,        76.610
 Operation in.
Frequency separation standards.............  76.612
Frequency separation standards, Exception    76.618
 to.
Full network station.......................  76.5
 
                     G
 
Grandfathering, exceptions to rules
 provisions--
    Non-network program exclusivity........  76.99
    Non-applicability of Sec. Sec. 76.618
     76.611 and 76.612.
    Operation in frequency bands 108-136;    76.619
     225-400 mHz.
 
                    H-I
 
Identification Sponsorship; list retention.  76.221
Independent station........................  76.5
Input selector switches....................  76.66
Input selector switches, consumer education  76.66
Input selector switches, Exemption.........  76.70
Inspection, CATV systems, by FCC...........  76.307
Interference from CATV system..............  76.613
Interference, Receiver-generated,            76.617
 Responsibility.
Isolation, Terminal........................  76.5
 
                    J-L
 
Leakage measurements, Signal...............  76.601
Leakage, Signal, performance criteria......  76.611
Leakage, Signal, performance criteria,       76.618
 Exception.
List retention, Sponsorship identification.  76.221
Lockbox enforcement........................  76.11
Lotteries..................................  76.213
 
                     M
 
Mandatory carriage of TV stations..........  76.56
Mandatory carriage of TV stations,           76.70
 Exemption from.
Manner of carriage.........................  76.62
Marine and aeronautical emergency            76.716
 frequencies, Operation near.
Major TV markets...........................  76.51
Market size operation provisions--
Measurements, Performance..................  76.609
Measurements, Signal leakage...............  76.601
Monitoring, CATV system....................  76.614
Must carry requirements....................  76.55, 76.59, 76.61, 76.64
 
                     N
 
Network nonduplication: protection extent..  76.94
Network nonduplication waivers.............  76.97
Network program nonduplication: Exceptions.  76.95
Network program nonduplication:              76.94
 Notification.
Network programming........................  76.5
Network programs: nonduplication protection  76.92
Network station, Full......................  76.5
Network station, Partial...................  76.5
Noise, System..............................  76.5
Nonduplication protection, Network programs  76.92
Non-network program exclusivity, exceptions  76.99
Notification requirements: aeronautical      76.615
 bands.
Notification requirements: network           76.94
 nonduplication.
 
                     O
 
Operation in frequency bands 108-136 and     76.610
 225-400 MHz.
Operator, address or status change reports.  76.400
Order, Show cause..........................  76.9
Ownership, Cross...........................  76.501
 
                     P
 
Partial network station....................  76.5
Performance measurements...................  76.609
Personal attacks: political cablecasts.....  76.209
Petitions, Dismissal of....................  76.8
Petitions for waiver.......................  76.7
Political editorials.......................  76.209
Possession of rules........................  76.301
Prime time.................................  76.5
Program carriages, STV.....................  76.64
Programming, Network.......................  76.5
Protection extent: network nonduplication..  76.94
Public inspection file.....................  76.305
Public office, Cablecasts by candidates for  76.205
PURPOSE--Part 76...........................  76.1
 
                     Q
 
Qualified TV station, Showing..............  76.55
 
                     R
 
Rate regulation standards..................  76.33
Receiver generated interference............  76.617
Reference points, Major/smaller markets....  76.53
Registration statement: signature..........  76.14
Registration statement.....................  76.12
Relief, Special............................  76.7
Report forms...............................  76.403
Reports: Change of operator, address,        76.400
 status.

[[Page 733]]

 
Responsibility for receiver-generated        76.617
 interference.
Rule waiver................................  76.7
Rules, Possession..........................  76.301
 
                     S
 
Selector switches, Input...................  76.66
Selector switches, input, Exemption........  76.70
Show cause order...........................  76.9
Signal leakage measurements................  76.601
Signal leakage performance criteria........  76.611
Signature: registration statement..........  76.14
Significantly viewed signals...............  76.54
Special relief.............................  76.7
Special relief petitions, Dismissal of.....  76.8
Special temporary authority................  76.29
Specified zone, TV station.................  76.5
Sponsorship identification, List retention.  76.221
Sports broadcasts..........................  76.67
Standards for rate regulation..............  76.33
Standards, Technical.......................  76.605
Station protection: network program          76.92
 nonduplication.
Status, operator or address change reports.  76.400
Subscriber terminal........................  76.5
Subscribers................................  76.5
System community unit......................  76.5
System inspection (by FCC).................  76.307
System monitoring..........................  76.614
System noise...............................  76.5
 
                     T
 
Technical standards........................  76.605
Terminal isolation.........................  76.5
Terminal, Subscriber.......................  76.5
Tests, Performance.........................  76.601
Translator station, TV.....................  76.5
TV markets, Boundaries of..................  76.53
TV markets, Major..........................  76.51
TV signals, Carriage non-mandatory.........  76.60
 
                    U-V
 
Vertical blanking interval, Services on....  76.64
 
                     W
 
Waiver, Network nonduplication.............  76.97
Waiver, Rules..............................  76.7
 
                   X-Y-Z
 
Zone, Specified, of TV station.............  76.5
 


[50 FR 38536, Sept. 23, 1985; 50 FR 39114, Sept. 27, 1985, as amended at 
51 FR 34622, Sept. 30, 1986; 52 FR 37316, Oct. 6, 1987]



PART 78_CABLE TELEVISION RELAY SERVICE--Table of Contents



                            Subpart A_General

Sec.
78.1 Purpose.
78.3 Other pertinent rules.
78.5 Definitions.

                   Subpart B_Applications and Licenses

78.11 Permissible service.
78.13 Eligibility for license.
78.15 Contents of applications.
78.16 Who may sign applications.
78.17 Amendment of applications.
78.18 Frequency assignments.
78.19 Interference.
78.20 Acceptance of applications; public notice.
78.21 Dismissal of applications.
78.22 Objections to applications.
78.23 Equipment tests.
78.27 License conditions.
78.29 License period.
78.30 Forfeiture and termination of station authorizations.
78.31 Temporary extension of license.
78.33 Special temporary authority.
78.35 Assignment or transfer of control.
78.36 Frequency coordination.
78.40 Transition of the 1990-2025 MHz band from the Cable Television 
          Relay Service to emerging technologies.

                Subpart C_General Operating Requirements

78.51 Remote control operation.
78.53 Unattended operation.
78.55 Time of operation.
78.57 Station inspection.
78.59 Posting of station and operator licenses.
78.61 Operator requirements.
78.63 Antenna structure marking and lighting.
78.65 Additional orders.
78.67 Familiarity with FCC rules.
78.69 Station records.
78.75 Equal employment opportunities.

                     Subpart D_Technical Regulations

78.101 Power limitations.
78.103 Emissions and emission limitations.
78.104 Authorized bandwidth and emission designator.
78.105 Antenna systems.
78.106 Interference to geostationary-satellites.
78.107 Equipment and installation.
78.108 Minimum path lengths for fixed links.
78.109 Major and minor modifications to stations.
78.111 Frequency tolerance.
78.113 Frequency monitors and measurements.
78.115 Modulation limits.

Alphabetical Index--Part 78

    Authority: 47 U.S.C. 152, 153, 154, 301, 303, 307, 308, 309.

    Source: 37 FR 3292, Feb. 12, 1972, unless otherwise noted.



                            Subpart A_General



Sec. 78.1  Purpose.

    The rules and regulations set forth in this part provide for the 
licensing and

[[Page 734]]

operation of fixed or mobile cable television relay service stations 
(CARS) used for the transmission of television and related audio 
signals, signals of standard and FM broadcast stations, signals of BRS/
EBS fixed stations, and cablecasting from the point of reception to a 
terminal point from which the signals are distributed to the public by 
cable. In addition CARS stations may be used to transmit television and 
related audio signals to TV translator and low-power TV stations.

[69 FR 72046, Dec. 10, 2004]



Sec. 78.3  Other pertinent rules.

    Other pertinent provisions of the Commission's rules and regulations 
relating to the cable television relay service (CARS) are included in 
the following parts of this chapter:

Part 0--Commission Organization.
Part 1--Practice and Procedure.
Part 2--Frequency Allocations and Radio Treaty Matters; General Rules 
and Regulations.
Part 17--Construction Marking and Lighting of Antenna Structures.
Part 21--Domestic Public Fixed Radio Services.
Part 74--Experimental, Auxiliary, and Special Broadcast, and Other 
Program Distribution Services.
Part 76--Cable Television Service.
Part 101--Fixed Microwave Services.

[55 FR 46014, Oct. 31, 1990, as amended at 65 FR 38326, June 20, 2000]



Sec. 78.5  Definitions.

    For purposes of this part, the following definitions are applicable. 
For other definitions, see part 76 (Cable Television Service) of this 
chapter.
    (a) Cable television relay service (CARS) station. A fixed or mobile 
station used for the transmission of television and related audio 
signals, signals of standard and FM broadcast stations, signals of 
instructional television fixed stations, and cablecasting from the point 
of reception to a terminal point from the point of reception to a 
terminal point from which the signals are distributed to the public.

    Note: Except where the rules contained in this part make separate 
provision, the term ``Cable Television Relay service'' or ``CARS'' 
includes the term ``Local Distribution Service'' or ``LDS,'' the term 
``Cable Television Relay service Studio to Headend Link'' or ``SHL,'' 
and the term ``Cable Television Relay PICKUP,'' as defined in paragraphs 
(b), (c), and (d) of this section.

    (b) Local distribution service (LDS) station. A fixed CARS station 
used within a cable television system or systems for the transmission of 
television signals and related audio signals, signals of standard and FM 
broadcast stations, signals of instructional television fixed stations, 
and cablecasting from a local transmission point to one or more 
receiving points, from which the communications are distributed to the 
public. LDS stations may also engage in repeatered operation.
    (c) Cable Television Relay Service Studio to Headend Link (SHL) 
station. A fixed CARS station used for the transmission of television 
program material and related communications from a cable television 
studio to the headend of a cable television system.
    (d) Cable Television Relay Service PICKUP station. A land mobile 
CARS station used for the transmission of television signals and related 
communications from the scenes of events occurring at points removed 
from cable television studios to cable television studios or headends.
    (e) Remote control operation. Operation of a station by a qualified 
operator on duty at a control position from which the transmitter is not 
visible but which control position is equipped with suitable control and 
telemetering circuits so that the essential functions that could be 
performed at the transmitter can also be performed from the control 
point.
    (f) Attended operation. Operation of a station by a qualified 
operator on duty at the place where the transmitting apparatus is 
located with the transmitter in plain view of the operator.
    (g) Unattended operation. Operation of a station by automatic means 
whereby the transmitter is turned on and off and performs its functions 
without attention by a qualified operator.
    (h) Authorized bandwidth. The maximum bandwidth authorized to be 
used by a station as specified in the station license. (See Sec. Sec. 
2.202 and 78.104.)
    (i) Cable network-entity. A cable network-entity is an organization 
which produces programs available for simultaneous transmission by cable 
systems

[[Page 735]]

serving a combined total of at least 5,000,000 subscribers and having 
distribution facilities or circuits available to such affiliated 
stations or cable systems.
    (j) Other eligible system. A system comprised of microwave radio 
channels in the BRS/EBS spectrum (as defined in subpart M of part 27 of 
this chapter) that delivers multichannel television service over the air 
to subscribers.

[37 FR 3292, Feb. 12, 1972, as amended at 38 FR 16647, June 25, 1973; 39 
FR 26025, July 16, 1974; 43 FR 1953, Jan. 13, 1978; 52 FR 7143, Mar. 9, 
1987; 55 FR 46015, Oct. 31, 1990; 69 FR 72046, Dec. 10, 2004]



                   Subpart B_Applications and Licenses



Sec. 78.11  Permissible service.

    (a) CARS stations are authorized to relay TV broadcast and low-power 
TV and related audio signals, the signals of AM and FM broadcast 
stations, signals of BRS/EBS fixed stations, and cablecasting intended 
for use by one or more cable television systems or other eligible 
systems. LDS stations are authorized to relay television broadcast and 
related audio signals, the signals of AM and FM broadcast stations, 
signals of BRS/EBS fixed stations, cablecasting, and such other 
communications as may be authorized by the Commission. Relaying includes 
retransmission of signals by intermediate relay stations in the system. 
CARS licensees may interconnect their facilities with those of other 
CARS, common carrier, or television auxiliary licensees, and may also 
retransmit the signals of such CARS, common carrier, or television 
auxiliary stations, provided that the program material retransmitted 
meets the requirements of this paragraph.
    (b) The transmitter of a CARS station using FM transmission may be 
multiplexed to provide additional communication channels for the 
transmission of standard and FM broadcast station programs and 
operational communications directly related to the technical operation 
of the relay system (including voice communications, telemetry signals, 
alerting signals, fault reporting signals, and control signals). A CARS 
station will be authorized only where the principal use is the 
transmission of television broadcast program material or cablecasting: 
Provided, however, That this requirement shall not apply to LDS 
stations.
    (c) CARS station licenses may be issued to cable television owners 
or operators or other eligible system owners or operators, and to 
cooperative enterprises owned by cable television owners or operators or 
other eligible system owners or operators. Television translator 
licensees may be members of such cooperative enterprises.
    (d) CARS systems shall supply program material to cable television 
systems, other eligible systems, and translator stations only in the 
following circumstances.
    (1) Where the licensee of the CARS station or system is owner or 
operator of the cable television systems or other eligible systems 
supplied with program material; or
    (2) Where the licensee of the CARS station or system supplies 
program material to cable television systems, other eligible systems, or 
television translator stations either without charge or on a non-profit, 
cost-sharing basis pursuant to a written contract between the parties 
involved which provides that the CARS licensee shall have exclusive 
control over the operation of the CARS stations licensed to him and that 
contributions to capital and operating expenses are accepted only on a 
cost-sharing, nonprofit basis, prorated on an equitable basis among all 
cable television systems or other eligible systems being supplied with 
program material in whole or in part. Charges for the programming 
material are not subject to this restriction and cable network-entities 
may fully charge for their services. Records showing the cost of the 
service and its nonprofit, cost-sharing nature shall be maintained by 
the CARS licensee and held available for inspection by the Commission.
    (e) The license of a CARS pickup station authorizes the transmission 
of program material, and related communications necessary to the 
accomplishment of such transmission, from the scenes of events occurring 
in places other than a cable television studio or the studio of another 
eligible system,

[[Page 736]]

to the studio, headend, or transmitter of its associated cable 
television system or other eligible system, or to such other cable 
television or other eligible systems as are carrying the same program 
material. CARS pickup stations may be used to provide temporary CARS 
studio-to-headend links, studio-to-transmitter links, or CARS circuits 
consistent with this part without further authority of the Commission: 
Provided, however, That prior Commission authority shall be obtained if 
the transmitting antenna to be installed will increase the height of any 
natural formation or manmade structure by more than 6.1 meters (20 feet) 
and will be in existence for a period of more than 2 consecutive days: 
And provided, further, That if the transmitting equipment is to be 
operated for more than 1 day outside of the area to which the CARS 
station has been licensed, the Commission, the Regional Director for the 
area in which the station is licensed to operate, and the Regional 
Director for the area in which the equipment will be temporarily 
operated shall be notified at least 1 day prior to such operation. If 
the decision to continue operation for more than 1 day is not made until 
the operation has begun, notice shall be given to the Commission and the 
relevant Regional Directors within 1 day after such decision. In all 
instances, the Commission and the relevant Regional Directors shall be 
notified when the transmitting equipment has been returned to its 
licensed area.
    (f) A cable network-entity may use CARS stations to transmit their 
own television program materials to cable television systems, other 
eligible systems, other cable network-entities, broadcast stations, and 
broadcast network-entities: Provided, however, That the bands 2025-2110 
MHz, 6425-6526 MHz and 6875-7125 MHz may be used by cable network-
entities only for CARS pick-up stations.
    (g) The provisions of paragraph (d) of this section and Sec. 78.13 
shall not apply to a licensee who has been licensed in the CARS service 
pursuant to Sec. 101.705 of this chapter, except that paragraph (d) of 
this section shall apply with respect to facilities added or cable 
television and other eligible systems first served after February 1, 
1966.

[37 FR 3292, Feb. 12, 1972, as amended at 37 FR 15926, Aug. 8, 1972; 43 
FR 1953, Jan. 13, 1978; 43 FR 25127, June 9, 1978; 44 FR 32382, June 6, 
1979; 47 FR 21503, May 18, 1982; 50 FR 23421, June 4, 1985; 52 FR 7144, 
Mar. 9, 1987; 55 FR 46015, Oct. 31, 1990; 58 FR 44952, Aug. 25, 1993; 65 
FR 38326, June 20, 2000; 65 FR 48181, Aug. 7, 2000; 69 FR 72046, Dec. 
10, 2004; 80 FR 53751, Sept. 8, 2015]



Sec. 78.13  Eligibility for license.

    A license for CARS station will be issued only:
    (a) To the owner or one who is responsible for the management and 
operation of a cable television system,
    (b) To a cooperative enterprise wholly owned by cable television 
owners or operators, or
    (c) A cable network-entity upon showing that the applicant is 
qualified under the Communications Act of 1934, that frequencies are 
available for the proposed operation, and that the public interest, 
convenience, and necessity will be served by a grant thereof.
    (d) Licensees and conditional licensees of channels in the BRS/EBS 
band as defined in Sec. 27.5(i) of this chapter, or entities that hold 
an executed lease agreement with a BRS/EBS licensee or conditional 
licensee.
    (e) To private cable operators and other multichannel video 
programming distributors not specifically identified in this section.

[52 FR 7144, Mar. 9, 1987, as amended at 55 FR 46015, Oct. 31, 1990; 56 
FR 57601, Nov. 13, 1991; 67 FR 43259, June 27, 2002; 69 FR 72047, Dec. 
10, 2004]



Sec. 78.15  Contents of applications.

    (a) Applications for authorization in the Cable Television Relay 
Service shall be submitted on FCC Form 327, and shall contain the 
information requested therein. Applications requiring fees as set forth 
at part 1, subpart G of this chapter must be filed in accordance with 
Sec. 0.401(b) of the rules.
    (b) An application for a CARS studio to headend link or LDS station 
license shall contain a statement that the applicant has investigated 
the possibility of using cable rather than microwave and the reasons why 
it was decided to use microwave rather than cable.


[[Page 737]]


    Note: Each applicant filing pursuant to Sec. 78.15 is responsible 
for the continuing accuracy and completeness of all information in such 
applications. The provisions of Sec. 1.65 are wholly applicable to 
applications pursuant to Sec. 78.15, as well as to amendments filed 
pursuant to Sec. 78.17, and objections filed pursuant to Sec. 78.22, 
except that where the specific provisins of Sec. Sec. 78.15, 78.17, 
78.22 conflict with the provisions of Sec. 1.65, the specific 
provisions are controlling, e.g., where requirements for service on 
specified parties of certain information may vary.

    (c) CARS applicants must follow the procedures prescribed in subpart 
1 of part 1 of this chapter (Sec. Sec. 1.1301 through 1.1319) regarding 
the filing of environmental assessments unless Commission action 
authorizing construction of a CARS station would be categorically 
excluded from the environmental processing requirements under Sec. 
1.1306 of this chapter.

[41 FR 3719, Jan. 23, 1976, as amended at 41 FR 32429, Aug. 3, 1976; 42 
FR 61864, Dec. 7, 1977; 50 FR 23421, June 4, 1985; 52 FR 10231, Mar. 31, 
1987; 55 FR 20398, May 16, 1990]



Sec. 78.16  Who may sign applications.

    (a) Applications, amendments thereto, and related statements of fact 
required by the Commission shall be personally signed by the applicant, 
if the applicant is an individual; by one of the partners, if the 
applicant is a partnership; by an officer, if the applicant is a 
corporation; or by a member who is an officer, if the applicant is an 
unincorporated association. Applications, amendments, and related 
statements of fact filed on behalf of government entities shall be 
signed by such duly elected or appointed officials as may be competent 
to do so under the laws of the applicable jurisdiction.
    (b) Applications, amendments thereto, and related statements of fact 
required by the Commission may be signed by the applicant's attorney in 
case of the applicant's physical disability or of his absence from the 
United States. The attorney shall in that event separately set forth the 
reasons why the application is not signed by the applicant. In addition, 
if any matter is stated on the basis of the attorney's belief only 
(rather than his knowledge), he shall separately set forth his reasons 
for believing that such statements are true.
    (c) Only the original of applications, amendments, or related 
statements of fact need be signed; copies may be conformed.
    (d) Applications, amendments, and related statements of fact need 
not be submitted under oath. Willful false statements made therein, 
however, are punishable by fine and imprisonment, United States Code, 
title 18, section 1001, and by appropriate administrative sanctions, 
including revocation of station license pursuant to section 312(a)(1) of 
the Communications Act of 1934, as amended.

[37 FR 15926, Aug. 8, 1972]



Sec. 78.17  Amendment of applications.

    Any application may be amended as a matter of right prior to the 
adoption date of any final action taken by the Commission with respect 
to the application. If a petition to deny has been filed, the amendment 
shall be served on the petitioner.

[68 FR 27004, May 19, 2003]



Sec. 78.18  Frequency assignments.

    (a) The Cable Television Relay Service is assigned the band of 
frequencies from 12.70 to 13.20 GHz. This band is shared with the Fixed-
Satellite Service (earth-to-space) from 12.70 to 12.75 GHz and 
Television Auxiliary Broadcast Stations from 12.70 to 13.20 GHz. The 
following channels may be assigned to CARS stations for the propagation 
of radio waves with the indicated polarization:
    (1) For CARS stations using FM transmission:

                            Group A Channels
------------------------------------------------------------------------
                                                            Channel
                     Designation                        boundaries (GHz)
------------------------------------------------------------------------
A01 \1\..............................................      12.700-12.725
A02 \1\..............................................      12.725-12.750
A03 \1\..............................................      12.750-12.775
A04 \1\..............................................      12.775-12.800
A05 \1\..............................................      12.800-12.825
A06 \1\..............................................      12.825-12.850
A07 \1\..............................................      12.850-12.875
A08 \1\..............................................      12.875-12.900
A09 \1\..............................................      12.900-12.925
A10 \1\..............................................      12.925-12.950
A11 \1\..............................................      12.950-12.975
A12 \1\..............................................      12.975-13.000
A13 \1\..............................................      13.000-13.025
A14 \1\..............................................      13.025-13.050
A15 \1\..............................................      13.050-13.075
A16 \1\..............................................      13.075-13.100

[[Page 738]]

 
A17 \1\..............................................      13.100-13.125
A18 \1\..............................................      13.125-13.150
A19 \1\..............................................  \2\ 13.150-13.175
A20 \1\..............................................  \2\ 13.170-13.200
------------------------------------------------------------------------
\1\ Appropriate polarization designation:
 
H = Horizontally polarized propagated radio wave.
V = Vertically polarized propagated radio wave.
R = Right-handed (clockwise) elliptically polarized propagated radio
  wave.
L = Left-handed (counter-clockwise) elliptically polarized propagated
  radio wave.
 
\2\ See paragraph (l) of this section.
 
Note: Polarization designations shall be in accordance with IEEE
  standard 100-1972 as amended.


                            Group B Channels
------------------------------------------------------------------------
                                                            Channel
                     Designation                        boundaries (GHz)
------------------------------------------------------------------------
B01 \1\..............................................    12.7125-12.7375
B02 \1\..............................................    12.7375-12.7625
B03 \1\..............................................    12.7625-12.7875
B04 \1\..............................................    12.7875-12.8125
B05 \1\..............................................    12.8125-12.8375
B06 \1\..............................................    12.8375-12.8625
B07 \1\..............................................    12.8625-12.8875
B08 \1\..............................................    12.8875-12.9125
B09 \1\..............................................    12.9125-12.9375
B10 \1\..............................................    12.9375-12.9625
B11 \1\..............................................    12.9625-12.9875
B12 \1\..............................................    12.9875-13.0125
B13 \1\..............................................    13.0125-13.0375
B14 \1\..............................................    13.0375-13.0625
B15 \1\..............................................    13.0625-13.0875
B16 \1\..............................................    13.0875-13.1125
B17 \1\..............................................    13.1125-13.1375
B18 \1\..............................................       \2\ 13.1375-
                                                                 13.1625
B19 \1\..............................................       \2\ 13.1625-
                                                                 13.1875
------------------------------------------------------------------------
\1\ See footnote 1 following GROUP A CHANNELS.
\2\ See paragraph (l) of this section.
 
Note: Polarization designations shall be in accordance with IEEE
  standard 100-1972 as amended.

    (2) CARS stations using vestigal sideband AM transmission and FM 
transmission requiring a necessary bandwidth of no more than 6 MHz.

                            Group C Channels
------------------------------------------------------------------------
                                        Channel        Alternate change
           Designation              boundaries (GHz)   boundaries (GHz)
                                      [C channels]       [Ca channels]
------------------------------------------------------------------------
C01 \1\..........................  12.7005-12.7065    12.7005-12.7065
C02 \1\..........................  12.7065-12.7125    12.7065-12.7125
C03 \1\..........................  12.7125-12.7185    12.7125-12.7185
C04 \1\..........................  12.7185-12.7225    12.7185-12.7245
                                    \2\
C05 \1\..........................  12.7225-12.7285    12.7245-12.7305
C06 \1\..........................  12.7285-12.7345    12.7305-12.7365
C07 \1\..........................  12.7345-12.7405    12.7365-12.7425
C08 \1\..........................  12.7405-12.7465    12.7425-12.7485
C09 \1\..........................  12.7465-12.7525    12.7485-12.7545
C10 \1\..........................  12.7525-12.7545
                                    \2\
C11 \1\..........................  12.7545-12.7605    12.7545-12.7605
C12 \1\..........................  12.7605-12.7665    12.7605-12.7665
C13 \1\..........................  12.7665-12.7725    12.7665-12.7725
C14 \1\..........................  12.7725-12.7785    12.7725-12.7785
C15 \1\..........................  12.7785-12.7845    12.7785-12.7845
C16 \1\..........................  12.7845-12.7905    12.7845-12.7905
C17 \1\..........................  12.7905-12.7965    12.7905-12.7965
C18 \1\..........................  12.7965-12.8025    12.7965-12.8025
C19 \1\..........................  12.8025-12.8085    12.8025-12.8085
C20 \1\..........................  12.8085-12.8145    12.8085-12.8145
C21 \1\..........................  12.8145-12.8205    12.8145-12.8205
C22 \1\..........................  12.8205-12.8265    12.8205-12.8265
C23 \1\..........................  12.8265-12.8325    12.8265-12.8325
C24 \1\..........................  12.8325-12.8385    12.8325-12.8385
C25 \1\..........................  12.8385-12.8445    12.8385-12.8445
C26 \1\..........................  12.8445-12.8505    12.8445-12.8505
C27 \1\..........................  12.8505-12.8565    12.8505-12.8565
C28 \1\..........................  12.8565-12.8625    12.8565-12.8625
C29 \1\..........................  12.8625-12.8685    12.8625-12.8685
C30 \1\..........................  12.8685-12.8745    12.8685-12.8745
C31 \1\..........................  12.8745-12.8805    12.8745-12.8805
C32 \1\..........................  12.8805-12.8865    12.8805-12.8865
C33 \1\..........................  12.8865-12.8925    12.8865-12.8925
C34 \1\..........................  12.8925-12.8985    12.8925-12.8985
C35 \1\..........................  12.8985-12.9045    12.8985-12.9045
C36 \1\..........................  12.9045-12.9105    12.9045-12.9105
C37 \1\..........................  12.9105-12.9165    12.9105-12.9165
C38 \1\..........................  12.9165-12.9225    12.9165-12.9225
C39 \1\..........................  12.9225-12.9285    12.9225-12.9285
C40 \1\..........................  12.9285-12.9345    12.9285-12.9345
C41 \1\..........................  12.9345-12.9405    12.9345-12.9405
C42 \1\..........................  12.9405-12.9465    12.9405-12.9465
C43 \1\..........................  12.9465-12.9525    12.9465-12.9525
------------------------------------------------------------------------
\1\ See footnote 1 following GROUP A CHANNELS.
\2\ For transmission of pilot subcarriers or other authorized narrow
  band signals.


                                                Group D Channels
----------------------------------------------------------------------------------------------------------------
                                                                                            Alternate channel
                          Designation                              Channel boundaries      boundaries (GHz) [Da
                                                                   (GHz) [D channels]           channels]
----------------------------------------------------------------------------------------------------------------
D01 \1\.......................................................    12.7597-12.7657          12.7597-12.7657
D02 \1\.......................................................    12.7657-12.7717          12.7657-12.7717
D03 \1\.......................................................    12.7717-12.7777          12.7717-12.7777
D04 \1\.......................................................    12.7777-12.7817 \2\      12.7777-12.7837
D05 \1\.......................................................    12.7817-12.7877          12.7837-12.7897
D06 \1\.......................................................    12.7877-12.7937          12.7897-12.7957
D07 \1\.......................................................    12.7937-12.7997          12.7957-12.8017
D08 \1\.......................................................    12.7997-12.8057          12.8017-12.8077
D09 \1\.......................................................    12.8057-12.8117          12.8077-12.8137
D10 \1\.......................................................    12.8117-12.8137 \2\     N/A
D11 \1\.......................................................    12.8137-12.8197          12.8137-12.8197
D12 \1\.......................................................    12.8197-12.8257          12.8197-12.8257
D13 \1\.......................................................    12.8257-12.8317          12.8257-12.8317
D14 \1\.......................................................    12.8317-12.8377          12.8317-12.8377
D15 \1\.......................................................    12.8377-12.8437          12.8377-12.8437
D16 \1\.......................................................    12.8437-12.8497          12.8437-12.8497

[[Page 739]]

 
D17 \1\.......................................................    12.8497-12.8557          12.8497-12.8557
D18 \1\.......................................................    12.8557-12.8617          12.8557-12.8617
D19 \1\.......................................................    12.8617-12.8677          12.8617-12.8677
D20 \1\.......................................................    12.8677-12.8737          12.8677-12.8737
D21 \1\.......................................................    12.8737-12.8797          12.8737-12.8797
D22 \1\.......................................................    12.8797-12.8857          12.8797-12.8857
D23 \1\.......................................................    12.8857-12.8917          12.8857-12.8917
D24 \1\.......................................................    12.8917-12.8977          12.8917-12.8977
D25 \1\.......................................................    12.8977-12.9037          12.8977-12.9037
D26 \1\.......................................................    12.9037-12.9097          12.9037-12.9097
D27 \1\.......................................................    12.9097-12.9157          12.9097-12.9157
D28 \1\.......................................................    12.9157-12.9217          12.9157-12.9217
D29 \1\.......................................................    12.9217-12.9277          12.9217-12.9277
D30 \1\.......................................................    12.9277-12.9337          12.9277-12.9337
D31 \1\.......................................................    12.9337-12.9397          12.9337-12.9397
D32 \1\.......................................................    12.9397-12.9457          12.9397-12.9457
D33 \1\.......................................................    12.9457-12.9517          12.9457-12.9517
D34 \1\.......................................................    12.9517-12.9577          12.9517-12.9577
D35 \1\.......................................................    12.9577-12.9637          12.9577-12.9637
D36 \1\.......................................................    12.9637-12.9697          12.9637-12.9697
D37 \1\.......................................................    12.9697-12.9757          12.9697-12.9757
D38 \1\.......................................................    12.9757-12.9817          12.9757-12.9817
D39 \1\.......................................................    12.9817-12.9877          12.9817-12.9877
D40 \1\.......................................................    12.9877-12.9937          12.9877-12.9937
D41 \1\.......................................................    12.9937-12.9997          12.9937-12.9997
D42 \1\.......................................................    12.9997-13.0057          12.9997-13.0057
D43 \1\.......................................................    13.0057-13.0117          13.0057-13.0117
----------------------------------------------------------------------------------------------------------------
\1\ See footnote 1 following GROUP A CHANNELS.
\2\ For transmission of pilot subcarriers or other authorized narrow band signals.


                                                Group E Channels
----------------------------------------------------------------------------------------------------------------
                                                                                            Alternate channel
                          Designation                              Channel boundaries      boundaries (GHz) [Ea
                                                                   (GHz) [E channels]           channels]
----------------------------------------------------------------------------------------------------------------
E01 \1\.......................................................    12.9525-12.9585          12.9525-12.9585
E02 \1\.......................................................    12.9585-12.9645          12.9585-12.9645
E03 \1\.......................................................    12.9645-12.9705          12.9645-12.9705
E04 \1\.......................................................    12.9705-12.9745 \2\      12.9705-12.9765
E05 \1\.......................................................    12.9745-12.9805          12.9765-12.9825
E06 \1\.......................................................    12.9805-12.9865          12.9825-12.9885
E07 \1\.......................................................    12.9865-12.9925          12.9885-12.9945
E08 \1\.......................................................    12.9925-12.9985          12.9945-13.0005
E09 \1\.......................................................    12.9985-13.0045          13.0005-13.0065
E10 \1\.......................................................    13.0045-13.0065 \2\     N/A
E11 \1\.......................................................    13.0065-13.0125          13.0065-13.0125
E12 \1\.......................................................    13.0125-13.0185          13.0125-13.0185
E13 \1\.......................................................    13.0185-13.0245          13.0185-13.0245
E14 \1\.......................................................    13.0245-13.0305          13.0245-13.0305
E15 \1\.......................................................    13.0305-13.0365          13.0305-13.0365
E16 \1\.......................................................    13.0365-13.0425          13.0365-13.0425
E17 \1\.......................................................    13.0425-13.0485          13.0425-13.0485
E18 \1\.......................................................    13.0485-13.0545          13.0485-13.0545
E19 \1\.......................................................    13.0545-13.0605          13.0545-13.0605
E20 \1\.......................................................    13.0605-13.0665          13.0605-13.0665
E21 \1\.......................................................    13.0665-13.0725          13.0665-13.0725
E22 \1\.......................................................    13.0725-13.0785          13.0725-13.0785
E23 \1\.......................................................    13.0785-13.0845          13.0785-13.0845
E24 \1\.......................................................    13.0845-13.0905          13.0845-13.0905
E25 \1\.......................................................    13.0905-13.0965          13.0905-13.0965
E26 \1\.......................................................    13.0965-13.1025          13.0965-13.1025
E27 \1\.......................................................    13.1025-13.1085          13.1025-13.1085
E28 \1\.......................................................    13.1085-13.1145          13.1085-13.1145
E29 \1\.......................................................    13.1145-13.1205          13.1145-13.1205
E30 \1\.......................................................    13.1205-13.1265          13.1205-13.1265
E31 \1\.......................................................    13.1265-13.1325          13.1265-13.1325
E32 \1\.......................................................    13.1325-13.1385          13.1325-13.1385
E33 \1\.......................................................    13.1385-13.1445          13.1385-13.1445
E34 \1\.......................................................    13.1445-13.1505 \3\      13.1445-13.1505 \3\
E35 \1\.......................................................    13.1505-13.1565 \3\      13.1505-13.1565 \3\
E36 \1\.......................................................    13.1565-13.1625 \3\      13.1565-13.1625 \3\

[[Page 740]]

 
E37 \1\.......................................................    13.1625-13.1685 \3\      13.1625-13.1685 \3\
E38 \1\.......................................................    13.1685-13.1745 \3\      13.1685-13.1745 \3\
E39 \1\.......................................................    13.1745-13.1805 \3\      13.1745-13.1805 \3\
E40 \1\.......................................................    13.1805-13.1865 \3\      13.1805-13.1865 \3\
E41 \1\.......................................................    13.1865-13.1925 \3\      13.1865-13.1925 \3\
E42 \1\.......................................................    13.1925-13.1985 \3\      13.1925-13.1985 \3\
----------------------------------------------------------------------------------------------------------------
\1\ See footnote 1 following GROUP A CHANNELS.
\2\ For transmission of pilot subcarriers or other authorized narrow band signals.
\3\ See paragraph (l) of this section.


                                                Group F Channels
----------------------------------------------------------------------------------------------------------------
                                                                                            Alternate channel
                          Designation                              Channel boundaries      boundaries (GHz) [Fa
                                                                   (GHz) [F channels]           channels]
----------------------------------------------------------------------------------------------------------------
F01 \1\.......................................................    13.0125-13.0185          13.0125-13.0185
F02 \1\.......................................................    13.0185-13.0245          13.0185-13.0245
F03 \1\.......................................................    13.0245-13.0305          13.0245-13.0305
F04 \1\.......................................................    13.0305-13.0345 \2\      13.0305-13.0365
F05 \1\.......................................................    13.0345-13.0405          13.0365-13.0425
F06 \1\.......................................................    13.0405-13.0465          13.0425-13.0485
F07 \1\.......................................................    13.0465-13.0525          13.0485-13.0545
F08 \1\.......................................................    13.0525-13.0585          13.0545-13.0605
F09 \1\.......................................................    13.0585-13.0645          13.0605-13.0665
F10 \1\.......................................................    13.0645-13.0665 \2\     N/A
F11 \1\.......................................................    13.0665-13.0725          13.0665-13.0725
F12 \1\.......................................................    13.0725-13.0785          13.0725-13.0785
F13 \1\.......................................................    13.0785-13.0845          13.0785-13.0845
F14 \1\.......................................................    13.0845-13.0905          13.0845-13.0905
F15 \1\.......................................................    13.0905-13.0965          13.0905-13.0965
F16 \1\.......................................................    13.0965-13.1025          13.0965-13.1025
F17 \1\.......................................................    13.1025-13.1085          13.1025-13.1085
F18 \1\.......................................................    13.1085-13.1145          13.1085-13.1145
F19 \1\.......................................................    13.1145-13.1205          13.1145-13.1205
F20 \1\.......................................................    13.1205-13.1265          13.1205-13.1265
F21 \1\.......................................................    13.1265-13.1325          13.1265-13.1325
F22 \1\.......................................................    13.1325-13.1385          13.1325-13.1385
F23 \1\.......................................................    13.1385-13.1445          13.1385-13.1445
F24 \1\.......................................................    13.1445-13.1505 \3\      13.1445-13.1505 \3\
F25 \1\.......................................................    13.1505-13.1565 \3\      13.1505-13.1565 \3\
F26 \1\.......................................................    13.1565-13.1625 \3\      13.1565-13.1625 \3\
F27 \1\.......................................................    13.1625-13.1685 \3\      13.1625-13.1685 \3\
F28 \1\.......................................................    13.1685-13.1745 \3\      13.1685-13.1745 \3\
F29 \1\.......................................................    13.1745-13.1805 \3\      13.1745-13.1805 \3\
F30 \1\.......................................................    13.1805-13.1865 \3\      13.1805-13.1865 \3\
F31 \1\.......................................................    13.1865-13.1925 \3\      13.1865-13.1925 \3\
F32 \1\.......................................................    13.1925-13.1985 \3\      13.1925-13.1985 \3\
----------------------------------------------------------------------------------------------------------------
\1\ See footnote 1 following GROUP A CHANNELS.
\2\ For transmission of pilot subcarriers or other authorized narrow band signals.
\3\ See paragraph (l) of this section.

    (3) For CARS stations using AM and FM transmission requiring a 
necessary bandwidth of no more than 12.5 MHz.

                             Group K Channel
------------------------------------------------------------------------
                                                            Channel
                     Designation                        boundaries (GHz)
------------------------------------------------------------------------
K01 \1\..............................................    12.7000-12.7125
K02 \1\..............................................    12.7125-12.7250
K03 \1\..............................................    12.7250-12.7375
K04 \1\..............................................    12.7375-12.7500
K05 \1\..............................................    12.7500-12.7625
K06 \1\..............................................    12.7625-12.7750
K07 \1\..............................................    12.7750-12.7875
K08 \1\..............................................    12.7875-12.8000
K09 \1\..............................................    12.8000-12.8125
K10 \1\..............................................    12.8125-12.8250
K11 \1\..............................................    12.8250-12.8375
K12 \1\..............................................    12.8375-12.8500
K13 \1\..............................................    12.8500-12.8625
K14 \1\..............................................    12.8625-12.8750
K15 \1\..............................................    12.8750-12.8875
K16 \1\..............................................    12.8875-12.9000
K17 \1\..............................................    12.9000-12.9125
K18 \1\..............................................    12.9125-12.9250
K19 \1\..............................................    12.9250-12.9375

[[Page 741]]

 
K20 \1\..............................................    12.9375-12.9500
K21 \1\..............................................    12.9500-12.9625
K22 \1\..............................................    12.9625-12.9750
K23 \1\..............................................    12.9750-12.9875
K24 \1\..............................................    12.9875-13.0000
K25 \1\..............................................    13.0000-13.0125
K26 \1\..............................................    13.0125-13.0250
K27 \1\..............................................    13.0250-13.0375
K28 \1\..............................................    13.0375-13.0500
K29 \1\..............................................    13.0500-13.0625
K30 \1\..............................................    13.0625-13.0750
K31 \1\..............................................    13.0750-13.0875
K32 \1\..............................................    13.0875-13.1000
K33 \1\..............................................    13.1000-13.1125
K34 \1\..............................................    13.1125-13.1250
K35 \1\..............................................    13.1250-13.1375
K36 \1\..............................................    13.1375-13.1500
K37 \1 2\............................................    13.1500-13.1625
K38 \1 2\............................................    13.1625-13.1750
K39 \1 2\............................................    13.1750-13.1875
K40 \1 2\............................................    13.1875-13.2000
------------------------------------------------------------------------
\1\ See footnote 1 following GROUP A CHANNELS.
\2\ See paragraph (l) of this section.

    (4) The Cable Television Relay Service is also assigned the 
following frequencies in the 17,700-19,700 MHz band. These frequencies 
are co-equally shared with stations in other services under parts 25, 
74, and 101 of this chapter. Cable Television Relay Service stations 
operating on frequencies in the sub-bands 18.3-18.58 GHz and 19.26-19.3 
GHz that were licensed or had applications pending before the Commission 
as of September 18, 1998 may continue those operations on a shared co-
primary basis with other services under parts 25, 74, and 101 of this 
chapter. Such stations, however, are subject to relocation by licensees 
in the fixed-satellite service. Such relocation is subject to the 
provisions of Sec. Sec. 101.85 through 101.97 of this chapter. No new 
applications for part 78 licenses will be accepted in the 19.26-19.3 GHz 
band after June 8, 2000, and no new applications for part 78 licenses 
will be accepted in the 18.3-18.58 GHz band after November 19, 2002.
    (i) 2 MHz maximum authorized bandwidth channel:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
18141.0....................................................          n/a
------------------------------------------------------------------------

    (ii) 6 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           216 MHz Separation
------------------------------------------------------------------------
18145.0....................................................          n/a
18151.0....................................................      18367.0
18157.0....................................................      18373.0
18163.0....................................................      18379.0
18169.0....................................................      18385.0
18175.0....................................................      18391.0
18181.0....................................................      18397.0
18187.0....................................................      18403.0
18193.0....................................................      18409.0
18199.0....................................................      18415.0
18205.0....................................................      18421.0
18211.0....................................................      18427.0
18217.0....................................................      18433.0
18223.0....................................................      18439.0
18229.0....................................................      18445.0
18235.0....................................................      18451.0
18241.0....................................................      18457.0
18247.0....................................................      18463.0
18253.0....................................................      18469.0
18259.0....................................................      18475.0
18265.0....................................................      18481.0
18271.0....................................................      18487.0
18277.0....................................................      18493.0
18283.0....................................................      18499.0
18289.0....................................................      18505.0
18295.0....................................................      18511.0
18301.0....................................................      18517.0
18307.0....................................................      18523.0
18313.0....................................................      18529.0
18319.0....................................................      18535.0
18325.0....................................................      18541.0
18331.0....................................................      18547.0
18337.0....................................................      18553.0
18343.0....................................................      18559.0
18349.0....................................................      18565.0
18355.0....................................................      18571.0
18361.0....................................................      18577.0
------------------------------------------------------------------------

    (iii) 10 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           1560 MHz Separation
------------------------------------------------------------------------
17705.0....................................................      19265.0
17715.0....................................................      19275.0
17725.0....................................................      19285.0
17735.0....................................................      19295.0
17745.0....................................................      19305.0
17755.0....................................................      19315.0
17765.0....................................................      19325.0
17775.0....................................................      19335.0
17785.0....................................................      19345.0
17795.0....................................................      19355.0
17805.0....................................................      19365.0
17815.0....................................................      19375.0
17825.0....................................................      19385.0
17835.0....................................................      19395.0
17845.0....................................................      19405.0
17855.0....................................................      19415.0
17865.0....................................................      19425.0
17875.0....................................................      19435.0
17885.0....................................................      19445.0
17895.0....................................................      19455.0
17905.0....................................................      19465.0
17915.0....................................................      19475.0
17925.0....................................................      19485.0

[[Page 742]]

 
17935.0....................................................      19495.0
17945.0....................................................      19505.0
17955.0....................................................      19515.0
17965.0....................................................      19525.0
17975.0....................................................      19535.0
17985.0....................................................      19545.0
17995.0....................................................      19555.0
18005.0....................................................      19565.0
18015.0....................................................      19575.0
18025.0....................................................      19585.0
18035.0....................................................      19595.0
18045.0....................................................      19605.0
18055.0....................................................      19615.0
18065.0....................................................      19625.0
18075.0....................................................      19635.0
18085.0....................................................      19645.0
18095.0....................................................      19655.0
18105.0....................................................      19665.0
18115.0....................................................      19675.0
18125.0....................................................      19685.0
18135.0....................................................      19695.0
------------------------------------------------------------------------

    (iv) 20 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           1560 MHz Separation
------------------------------------------------------------------------
 
 17710.0...................................................      19270.0
17730.0....................................................      19290.0
17750.0....................................................      19310.0
17770.0....................................................      19330.0
17790.0....................................................      19350.0
17810.0....................................................      19370.0
17830.0....................................................      19390.0
17850.0....................................................      19410.0
17870.0....................................................      19430.0
17890.0....................................................      19450.0
17910.0....................................................      19470.0
17930.0....................................................      19490.0
17950.0....................................................      19510.0
17970.0....................................................      19530.0
17990.0....................................................      19550.0
18010.0....................................................      19570.0
18030.0....................................................      19590.0
18050.0....................................................      19610.0
18070.0....................................................      19630.0
18090.0....................................................      19650.0
18110.0....................................................      19670.0
18130.0....................................................      19690.0
------------------------------------------------------------------------

    (v) 40 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           1560 MHz Separation
------------------------------------------------------------------------
 
 17720.0...................................................      19280.0
17760.0....................................................      19320.0
17800.0....................................................      19360.0
17840.0....................................................      19400.0
17880.0....................................................      19440.0
17920.0....................................................      19480.0
17960.0....................................................      19520.0
18000.0....................................................      19560.0
18040.0....................................................      19600.0
18080.0....................................................      19640.0
18120.0....................................................      19680.0
------------------------------------------------------------------------

    (vi) 80 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           1560 MHz Separation
------------------------------------------------------------------------
 
 17740.0...................................................      19300.0
17820.0....................................................      19380.0
17900.0....................................................      19460.0
17980.0....................................................      19540.0
18060.0....................................................      19620.0
------------------------------------------------------------------------

    (5) 6425 to 6525 MHz--Mobile only. Paired and unpaired operations 
permitted. Use of this spectrum for direct delivery of video programs to 
the general public or multi-channel cable distribution is not permitted. 
This band is co-equally shared with mobile stations licensed pursuant to 
Parts 74 and 101 of the Commission's Rules. The following channel plans 
apply.
    (i) 1 MHz maximum authorized bandwidth channels.

------------------------------------------------------------------------
        Transmit (or receive) (MHz)          Receive (or transmit) (MHz)
------------------------------------------------------------------------
6425.5....................................  6475.5
6450.5....................................  6500.5
------------------------------------------------------------------------

    (ii) 8 MHz maximum authorized bandwidth channels.

------------------------------------------------------------------------
        Transmit (or receive) (MHz)          Receive (or transmit) (MHz)
------------------------------------------------------------------------
6430.0....................................  6480.0
6438.0....................................  6488.0
6446.0....................................  6496.0
6455.0....................................  6505.0
6463.0....................................  6513.0
6471.0....................................  6521.0
------------------------------------------------------------------------

    (iii) 25 MHz maximum authorized bandwidth channels.

------------------------------------------------------------------------
        Transmit (or receive) (MHz)          Receive (or transmit) (MHz)
------------------------------------------------------------------------
6437.5....................................  6487.5
6462.5....................................  6512.5
------------------------------------------------------------------------

    (6) 1990-2110 MHz--Mobile only. (i) Use of this spectrum for direct 
delivery of video programs to the general public or multi-channel cable 
distribution is not permitted. This band is co-equally shared with 
stations licensed pursuant to parts 74 and 101 of the Commission's

[[Page 743]]

Rules. (Common carriers may use this band pursuant to provisions of 
Sec. 101.803(b)). The following channeling plan applies subject to the 
provisions of Sec. 74.604.

                          Frequency Band (MHz)

1990-2008
2008-2025
2025-2042
2042-2059
2059-2076
2076-2093
2093-2110

    (ii) After a licensee has been relocated in accordance with the 
provisions of Sec. 78.40, operations will be in the band 2025-2110 MHz. 
The following channel plan will apply, subject to the provisions of 
Sec. 74.604 of this part:

                          Frequency Band (MHz)

2025.5-2037.5
2037.5-2049.5
2049.5-2061.5
2061.5-2073.5
2073.5-2085.5
2085.5-2097.5
2097.5-2109.5

    (7) 6875-7125 MHz--Mobile only. Use of this spectrum for direct 
delivery of video programs to the general public or multi-channel cable 
distribution is not permitted. This band is co-equally shared with 
stations licensed pursuant to parts 74 and 101 of the Commission's 
Rules. (Common carriers may use this band pursuant to provisions of 
Sec. 101.803(b)). The following channeling plan applies subject to the 
provisions of Sec. 74.604.

                          Frequency Band (MHz)

6875--6900
6900--6925
6925--6950
6950--6975
6975--7000
7000--7025
7025--7050
7050--7075
7075--7100
7100--7125

    (b) Television Auxiliary Broadcast Service stations may be assigned 
channels in the band 12.70-13.20 GHz subject to the condition that no 
harmful interference is caused to fixed CARS stations authorized at the 
time of such grants. Translator Relay stations are assigned on a 
secondary basis. New CARS stations shall not cause harmful interference 
to television STL and intercity relay stations authorized at the time of 
such grants. Television pickup stations and CARS pickup stations will be 
assigned channels in the band on a co-equal basis subject to the 
conditions that they accept interference from and cause no interference 
to existing or subsequently authorized television STL, television 
intercity relay, or fixed CARS stations. Channels in the 13.150-13.200 
GHz band will be assigned exclusively to television pickup and CARS 
pickup stations on a co-equal basis. A cable television system operator 
will normally be limited in any one area to the assignment of not more 
than three channels for CARS pickup use: Provided, however, That 
additional channels may be assigned upon a satisfactory showing that 
additional channels are necessary and are available.
    (c) An application for a CARS station shall be specific with regard 
to the channel or channels requested. Channels shall be identified by 
the appropriate designations set forth in paragraph (a) of this section.
    (d) For CARS Fixed stations using FM transmission with an authorized 
bandwidth per channel of 25 MHz, to conserve spectrum applicants are 
encouraged to use alternate A and B channels such that adjacent R.F. 
carriers are spaced 12.5 MHz. As example, a fixed station in the CARS, 
relaying several channels, would use A01, B01, A02, B02, A03, etc.
    (e) For CARS stations using vestigial sideband AM transmissions, 
channels from only the Groups C, D, E or F and those frequencies listed 
in paragraph (a)(4)(ii) of this section normally will be assigned a 
station, although upon adequate showing variations in the use of 
channels in Groups C, D, E or F and those frequencies listed in 
paragraph (a)(4)(ii) of this section may be authorized on a case-by-case 
basis in order to avoid potential interference or to permit a more 
efficient use. In situations where the number or the arrangement of 
channels available in these groups is not adequate, or in order to avoid 
potential interference, or in order to

[[Page 744]]

achieve the required VHF channelization arrangement on the cable 
television system or for repeated operations, or for two way 
transmission, or upon the showing of other good cause, the use of 
channels in the Groups C, D, E or F and those frequencies listed in 
paragraph (a)(4)(ii) of this section may be authorized. Applicants are 
encouraged to apply for adjacent channels within each group of channels, 
except that different channel arrangements may be authorized when 
required to conform to the required channelization arrangement at VHF on 
the cable television system, when it is necessary to transmit non-
adjacent off-the-air channels or signals intended to fill non-adjacent 
slots in the spectrum, or to avoid potential interference, or upon other 
showing of good cause.
    (f) For vestigial sideband AM transmission, the assigned visual 
carrier frequency for each channel listed in Groups C, D, E or F and 
those frequencies listed in paragraph (a)(4)(ii) of this section shall 
be 1.25 MHz above the lower channel-edge frequency. The center frequency 
for the accompanying FM aural carrier in each channel shall be 4.5 MHz 
above the corresponding visual carrier frequency.
    (g) For CARS stations using double sideband AM transmission or FM 
transmission with authorized bandwidth of no more than 12.5 MHz, Group K 
channels normally will be assigned to a station, although upon adequate 
showing variations in the use of channels in Group K may be authorized 
on a case-by-case basis in order to avoid potential interference or to 
permit a more efficient use.
    (h) For double sideband AM transmission, the assigned carrier 
frequency for each channel listed in Group K shall be 6.25 MHz above the 
lower boundary frequency for each channel, and the sideband frequencies 
corresponding to the carrier frequency of the accompanying FM aural 
signal shall be 4.5 MHz above and below the visual carrier frequency.
    (i) All stations shall employ no more than a 12.5 MHz authorized 
bandwidth per channel except in any one or more of the following 
circumstances:
    (1) The station is a CARS pickup station;
    (2) The transmission path is more than 16.1 km (10 miles) in length;
    (3) The station was authorized or an application was on file 
therefor prior to July 26, 1973.
    (4) Other good cause has been shown that use of a bandwidth of 12.5 
MHz or less per channel would be inefficient, impractical, or otherwise 
contrary to the public interest.
    (j) Should any conflict arise among applications for stations in 
this band, priority will be based on the filing date of an application 
completed in accordance with the instructions thereon.
    (k) Applicants for Group K channels shall apply for adjacent 
channels and the requested channels shall overlap the least possible 
number of Group A channels, except that different channel arrangements 
may be authorized upon an adequate showing that the foregoing 
arrangement cannot be used or would be contrary to the public interest, 
or in order to avoid potential interference or to permit a more 
efficient use.
    (l) The band 13.15-13.20 GHz is reserved for television pickup and 
CARS pickup stations inside a 50 km radius of the 100 television markets 
delineated in Sec. 76.51 of this chapter. Outside a 50 km radius of the 
100 television markets delineated in Sec. 76.51 of this chapter, 
television pickup stations, CARS stations and NGSO FSS gateway earth 
stations shall operate on a primary co-equal basis. The band 13.20-
13.2125 GHz is reserved for television pickup stations on a primary 
basis and CARS pickup stations on a secondary basis inside a 50 km 
radius of the 100 television markets delineated in Sec. 76.51 of this 
chapter. Outside a 50 km radius of the 100 markets delineated in Sec. 
76.51 of this chapter, television pickup stations and NGSO FSS gateway 
earth stations shall operate on a co-primary basis, CARS stations shall 
operate on a secondary basis. Fixed television auxiliary stations 
licensed pursuant to applications accepted for filing before September 
1, 1979, may continue operation on channels in the 13.15-13.25 GHz band, 
subject to periodic license renewals. NGSO FSS gateway uplink 
transmissions in the 13.15-13.2125 GHz segment shall be limited to a 
maximum EIRP of 3.2 dBW towards 0 degrees on the radio horizon. These 
provisions

[[Page 745]]

shall not apply to GSO FSS operations in the 12.75-13.25 GHz band.
    (m) CARS stations may be authorized for use of the band from 13.20 
to 13.25 GHz on a secondary basis to Television Broadcast Auxiliary 
Stations. CARS stations are also secondary to NGSO FSS gateway earth 
station uplink operations. Any CARS application seeking authorization 
for use of the 13.20 to 13.25 GHz band must demonstrate that the 
applicant has exhausted all spectrum available to it in the 12.70 to 
13.20 GHz band. Applications for use of this band must specify whether 
the channels are 6 MHz, 12.5 MHz, or 25 MHz wide and give the upper and 
lower boundaries and the polarization for each channel.

[37 FR 3292, Feb. 12, 1972. Redesignated at 37 FR 15926, Aug. 8, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
78.18, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 78.19  Interference.

    (a) Applications for CARS stations shall endeavor to select an 
assignable frequency or frequencies which will be least likely to result 
in interference to other licensees in the same area since the FCC itself 
does not undertake frequency coordination.
    (b) Applicants for CARS stations shall take full advantage of all 
known techniques, such as the geometric arrangement of transmitters and 
receivers, the use of minimum power required to provide the needed 
service, and the use of highly directive transmitting and receiving 
antenna systems, to prevent interference to the reception of television 
STL, television intercity relay, and other CARS stations.
    (c)(1) Radio Astronomy and Radio Research Installations. In order to 
minimize harmful interference at the National Radio Astronomy 
Observatory site located at Green Bank, Pocahontas County, W. Va., and 
at the Naval Radio Research Observatory at Sugar Grove, Pendleton 
County, W.Va., an applicant for authority to construct a CARS station, 
except a CARS pickup station, or for authority to make changes in the 
frequency, power, antenna height, or antenna directivity of an existing 
station within the area bounded by 39[deg]15[min] N. on the north, 
78[deg]30[min] W. on the east, 37[deg]30[min] N. on the south and 
80[deg]30[min] W. on the west shall, at the time of filing such 
application with the Commission, simultaneously notify the Director, 
National Radio Astronomy Observatory, Post Office Box No. 2, Green Bank, 
WV 24944, in writing, of the technical particulars of the proposed 
station. Such notification shall include the geographical coordinates of 
the antenna, antenna height, antenna directivity if any, proposed 
frequency, type of emission, and power. In addition, the applicant shall 
indicate in his application to the Commission the date notification was 
made to the Observatory. After receipt of such application, the 
Commission will allow a period of 20 days for comments or objections in 
response to the notifications indicated. If an objection to the proposed 
operation is received during the 20-day period from the National Radio 
Astronomy Observatory for itself or on behalf of the Naval Radio 
Research Observatory, the Commission will consider all aspects of the 
problem and take whatever action is deemed appropriate.
    (2) Any applicant for a new permanent base or fixed station 
authorization to be located on the islands of Puerto Rico, Desecheo, 
Mona, Vieques, and Culebra, or for a modification of an existing 
authorization which would change the frequency, power, antenna height, 
directivity, or location of a station on these islands and would 
increase the likelihood of the authorized facility causing interference, 
shall notify the Interference Office, Arecibo Observatory, HC3 Box 
53995, Arecibo, Puerto Rico 00612, in writing or electronically, of the 
technical parameters of the proposal. Applicants may wish to consult 
interference guidelines, which will be provided by Cornell University. 
Applicants who choose to transmit information electronically should e-
mail to: [email protected].
    (i) The notification to the Interference Office, Arecibo Observatory 
shall be made prior to, or simultaneously with, the filing of the 
application with the Commission. The notification shall state the 
geographical coordinates of the transmit antenna

[[Page 746]]

(NAD-83 datum), antenna height above ground, ground elevation at the 
antenna, antenna directivity and gain, proposed frequency and FCC Rule 
Part, type of emission, effective isotropic radiated power, and whether 
the proposed use is itinerant. Generally, submission of the information 
in the technical portion of the FCC license application is adequate 
notification. In addition, the applicant shall indicate in its 
application to the Commission the date notification was made to the 
Arecibo Observatory.
    (ii) After receipt of such applications, the Commission will allow 
the Arecibo Observatory a period of 20 days for comments or objections 
in response to the notification indicated. The applicant will be 
required to make reasonable efforts in order to resolve or mitigate any 
potential interference problem with the Arecibo Observatory and to file 
either an amendment to the application or a modification application, as 
appropriate. If the Commission determines that an applicant has 
satisfied its responsibility to make reasonable efforts to protect the 
Observatory from interference, its application may be granted.
    (iii) The provisions of this paragraph do not apply to operations 
that transmit on frequencies above 15 GHz.
    (d) Protection for Table Mountain Radio Receiving Zone, Boulder 
County, Colorado: Applicants for a station authorization to operate in 
the vicinity of Boulder County, Colorado under this part are advised to 
give due consideration, prior to filing applications, to the need to 
protect the Table Mountain Radio Receiving Zone from harmful 
interference. These are the research laboratories of the Department of 
Commerce, Boulder County, Colorado. To prevent degradation of the 
present ambient radio signal level at the site, the Department of 
Commerce seeks to ensure that the field strengths of any radiated 
signals (excluding reflected signals) received on this 1800 acre site 
(in the vicinity of coordinates 40[deg]07[min]50[sec] N Latitude, 
105[deg]14[min]40[sec] W Longitude) resulting from new assignments 
(other than mobile stations) or from the modification or relocation of 
existing facilities do not exceed the following values:

------------------------------------------------------------------------
                                                 In authorized bandwidth
                                                       of service
                                               -------------------------
                Frequency range                    Field      Power flux
                                                  strength   density \1\
                                                   (mV/m)     (dBW/m\2\)
------------------------------------------------------------------------
Below 540 kHz.................................           10        -65.8
540 to 1600 kHz...............................           20        -59.8
1.6 to 470 MHz................................           10    \2\ -65.8
470 to 890 MHz................................           30    \2\ -56.2
Above 890 MHz.................................            1    \2\ -85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are caculated assuming free
  space characteristic impedance of 376.7 = 120[pi] ohms.
\2\ Space stations shall conform to the power flux density limits at the
  earth's surface specified in appropriate parts of the FCC rules, but
  in no case should exceed the above levels in any 4 kHz band for all
  angles of arrival.

    (1) Advance consultation is recomended particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power flux density figures in the above table would be 
exceeded by their proposed radio facilities (except mobile stations). In 
such instances, the following is a suggested guide for determining 
whether coordination is recommended:
    (i) All stations within 2.4 km (1.5 statute miles);
    (ii) Stations within 4.8 km (3 statute miles) with 50 watts or more 
effective radiated power (ERP) in the primary plane of polarization in 
the azimuthal direction of the Table Mountain Radio Receiving Zone;
    (iii) Stations within 16 km (10 statute miles) with 1 kW or more ERP 
in the primary plane of polarization in the azimuthal direction of the 
Table Mountain Radio Receiving Zone;
    (iv) Stations within 80 km (50 statute miles) with 25 kW or more ERP 
in the primary plane of polarization in the azimuthal direction of the 
Table Mountain Radio Receiving Zone.
    (2) Applicants concerned are urged to communicate with the Radio 
Frequency Management Coordinator, Department of Commerce, Research 
Support Services, NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303; 
telephone (303) 497-6548, in advance of filing their applications with 
the Commission.
    (3) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Department of 
Commerce or

[[Page 747]]

proceedings to modify any authorization which may be granted which, in 
fact, delivers a signal at the site in excess of the field strength 
specified herein.
    (e) Protection for Federal Communications Commission monitoring 
stations:
    (1) Applicants in the vicinity of an FCC monitoring station for a 
radio station authorization to operate new transmitting facilities or 
changed transmitting facilities which would increase the field strength 
produced over the monitoring station over that previously authorized are 
advised to give consideration, prior to filing applications, to the 
possible need to protect the FCC stations from harmful interference. 
Geographical coordinates of the facilities which require protection are 
listed in Sec. 0.121(c) of the Commission's Rules. Applications for 
stations (except mobile stations) which will produce on any frequency a 
direct wave fundamental field strength of greater than 10 mV/m in the 
authorized bandwidth of service (-65.8 dBW/m\2\ power flux density 
assuming a free space characteristic impedance of 120 ohms) at the 
referenced coordinates, may be examined to determine extent of possible 
interference. Depending on the theoretical field strength value and 
existing root-sum-square or other ambient radio field signal levels at 
the indicated coordinates, a clause protecting the monitoring station 
may be added to the station authorization.
    (2) In the event that calculated value of expected field exceeds 10 
mV/m (-65.8 dBW/m2) at the reference coordinates, or if there is any 
question whether field strength levels might exceed the threshold value, 
advance consultation with the FCC to discuss any protection necessary 
should be considered. Prospective applicants may communicate with the 
Public Safety and Homeland Security Bureau, Federal Communications 
Commission, Washington, DC 20554.
    (3) Advance consultation is suggested particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power flux density figure indicated would be exceeded by 
their proposed radio facilities (except mobile stations). In such 
instances, the following is a suggested guide for determining whether an 
applicant should coordinate:
    (i) All stations within 2.4 kilometers (1.5 statute miles);
    (ii) Stations within 4.8 kilometers (3 statute miles) with 50 watts 
or more average effective radiated power (ERP) in the primary plane of 
polarization in the azimuthal direction of the Monitoring Stations.
    (iii) Stations within 16 kilometers (10 statute miles) with 1 kW or 
more average ERP in the primary plane of polarization in the azimuthal 
direction of the Monitoring Station;
    (iv) Stations within 80 kilometers (50 statute miles) with 25 kW or 
more average ERP in the primary plane of polarization in the azimuthal 
direction of the Monitoring Station;
    (4) Advance coordination for stations operating above 1000 MHz is 
recommended only where the proposed station is in the vicinity of a 
monitoring station designated as a satellite monitoring facility in 
section 0.121(c) of the Commission's Rules and also meets the criteria 
outlined in paragraphs (f) (2) and (3) of this section.
    (5) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Federal 
Communications Commission or modification of any authorization which 
will cause harmful interference.
    (f) 17.7-19.7 GHz band. The following exclusion areas and 
coordination areas are established to minimize or avoid harmful 
interference to Federal Government earth stations receiving in the 17.7-
19.7 GHz band:
    (1) No application seeking authority to operate in the 17.7-19.7 GHz 
band will be accepted for filing if the proposed station is located 
within 50 km of Denver, CO (39[deg]43[min] N., 104[deg]46[min] W.) or 
Washington, DC (38[deg]48[min] N., 76[deg]52[min] W.).
    (2) Any application seeking authority for a new fixed station 
license supporting the operations of Multichannel Video Programming 
Distributors (MVPD) in the 17.7-17.8 GHz band or to operate in the 17.8-
19.7 GHz band for any service, or for modification of an existing 
station license in these bands

[[Page 748]]

which would change the frequency, power, emission, modulation, 
polarization, antenna height or directivity, or location of such a 
station, must be coordinated with the Federal Government by the 
Commission before an authorization will be issued, if the station or 
proposed station is located in whole or in part within any of the 
following areas:
    (i) Denver, CO area:
    (A) Between latitudes 41[deg]30[min] N. and 38[deg]30[min] N. and 
between longitudes 103[deg]10[min] W. and 106[deg]30[min] W.
    (B) Between latitudes 38[deg]30[min] N. and 37[deg]30[min] N. and 
between longitudes 105[deg]00[min] W. and 105[deg]50[min] W.
    (C) Between latitudes 40[deg]08[min] N. and 39[deg]56[min] N. and 
between longitudes 107[deg]00[min] W. and 107[deg]15[min] W.
    (ii) Washington, DC area:
    (A) Between latitudes 38[deg]40[min] N. and 38[deg]10[min] N. and 
between longitudes 78[deg]50[min] W. and 79[deg]20[min] W.
    (B) Within 178 km of 38[deg]48[min] N, 76[deg]52[min] W.
    (iii) San Miguel, CA area:
    (A) Between latitudes 34[deg]39[min] N. and 34[deg]00[min] N. and 
between longitudes 118[deg]52[min] W. and 119[deg]24[min] W.
    (B) Within 200 km of 35[deg]44[min] N., 120[deg]45[min] W.
    (iv) Guam area: Within 100 km of 13[deg]35[min] N., 144[deg]51[min] 
E.

    Note to Sec. 78.19(f): The coordinates cited in this section are 
specified in terms of the ``North American Datum of 1983 (NAD 83).

[37 FR 3292, Feb. 12, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
78.19, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 78.20  Acceptance of applications; public notice.

    (a) Applications which are tendered for filing are dated upon 
receipt and then forwarded to the Media Bureau where an examination is 
made to ascertain whether the applications are complete. Applications 
found to be complete or substantially complete, are accepted for filing 
and are given a file number. In case of minor defects as to 
completeness, the applicant will be required to supply the missing 
information. Applications which are not substantially complete will be 
returned to the applicant. Applications requiring fees as set forth at 
part 1, subpart G, of this chapter must be filed in accordance with 
Sec. 0.401(b) of this chapter.
    (b) Acceptance of an application for filing means only that it has 
been the subject of a preliminary review by the Commission's 
administrative staff as to completeness. Applications which are 
determined to be clearly not in accordance with the Commission's rules 
or other requirements, unless accompanied by an appropriate request for 
waiver, will be considered defective and will not be accepted for 
filing, or if inadvertently accepted for filing, will be dismissed. 
Requests for waiver shall show the nature of the waiver or exception 
desired and shall set forth the reasons in support thereof.
    (c) The Commission will give public notice of all applications and 
major amendments thereto which have been accepted for filing. No 
application shall be acted on less than thirty (30) days from the date 
of public notice.

[37 FR 15926, Aug. 8, 1972, as amended at 52 FR 10231, Mar. 31, 1987; 67 
FR 13235, Mar. 21, 2002; 68 FR 27004, May 19, 2003]



Sec. 78.21  Dismissal of applications.

    (a) Any application may, on request of the applicant, be dismissed 
without prejudice as a matter of right prior to the adoption date of any 
final action taken by the Commission with respect to the application. An 
applicant's request for the return of an application will be regarded as 
a request for dismissal.
    (b) Failure to prosecute an application, or failure to respond to 
official correspondence or request for additional information, will be 
cause for dismissal. Such dismissal will be without prejudice if it 
occurs prior to the adoption date of any final action taken by the 
Commission with respect to the application.

[37 FR 15927, Aug. 8, 1972]



Sec. 78.22  Objections to applications.

    (a) Any party in interest may file a petition to deny any 
application (whether as originally filed or as amended) no later than 
thirty (30) days after issuance of a public notice of the

[[Page 749]]

acceptance for filing of any such application or amendment thereto. 
Petitions to deny shall contain specific allegations of fact sufficient 
to show that the petitioner is a party in interest and that a grant of 
the application would be prima facie inconsistent with the public 
interest, convenience, and necessity. Such allegations of fact shall, 
except for those of which official notice may be taken, be supported by 
affidavit of a person or persons with personal knowledge thereof.
    (b) The applicant may file an opposition to any petition to deny, 
and the petitioner may file a reply to such opposition (see Sec. 1.45 
of this chapter), in which allegations of fact or denials thereof shall 
be supported by affidavit of a person or persons with personal knowledge 
thereof.
    (c) Notwithstanding the provisions of paragraph (a) of this section, 
before Commission action on any application for an instrument of 
authorization, any person may file informal objections to the grant. 
Such objections may be submitted in letter form (without extra copies) 
and shall be signed by the objector. The limitation on pleadings and 
time for filing pleadings provided for in Sec. 1.45 of this chapter 
shall not be applicable to any objections duly filed pursuant to this 
paragraph.

[37 FR 15927, Aug. 8, 1972, as amended at 50 FR 23421, June 4, 1985]



Sec. 78.23  Equipment tests.

    (a) Following the grant of a CARS license, the licensee, during the 
process of construction of the station, may, without further authority 
from the Commission, conduct equipment tests for the purpose of such 
adjustments and measurements as may be necessary to assure compliance 
with the terms of the authorization, the technical provisions of the 
application therefore, the rules and regulations, and the applicable 
engineering standards.
    (b) The Commission may notify the licensee to conduct no tests or 
may cancel, suspend, or change the date for the beginning of equipment 
tests as and when such action may appear to be in the public interest, 
convenience, and necessity.
    (c) The test authorized in this section shall be conducted only as a 
necessary part of construction.

[50 FR 23421, June 4, 1985]



Sec. 78.27  License conditions.

    (a) Authorizations (including initial grants, modifications, 
assignments or transfers of control, and renewals) in the Cable 
Television Relay Service to serve cable television systems and other 
eligible systems, shall contain the condition that cable television 
systems shall operate in compliance with the provisions of part 76 
(Cable Television Service) of this chapter and that other eligible 
systems shall operate in compliance with the provisions of part 21 and 
part 74 of this chapter.
    (b) CARS stations licensed under this subpart are required to 
commence operation within one year of the date of the license grant.
    (1) The licensee of a CARS station shall notify the Commission in 
writing when the station commences operation. Such notification shall be 
submitted on or before the last day of the authorized one year 
construction period; otherwise, the station license shall be 
automatically forfeited.
    (2) CARS licensees needing additional time to complete construction 
of the station and commence operation shall request an extension of time 
30 days before the expiration of the one year construction period. 
Exceptions to the 30-day advance filing requirement may be granted where 
unanticipated delays occur.

[50 FR 23421, June 4, 1985, as amended at 55 FR 46015, Oct. 31, 1990; 69 
FR 57862, Sept. 28, 2004]



Sec. 78.29  License period.

    Licenses for CARS stations will be issued for a period not to exceed 
five (5) years. On and after February 1, 1966, licenses for CARS 
stations ordinarily will be issued for a period expiring on February 1, 
1971, and, when regularly renewed, at 5-year intervals thereafter. When 
a license is granted subsequent to the last renewal date for CARS 
stations, the license will be issued only for the unexpired period of 
the current license term of such stations. The license renewal date 
applicable to CARS

[[Page 750]]

stations may be varied as necessary to permit the orderly processing of 
renewal applications, and individual station licenses may be granted or 
renwed for a shorter period of time than that generally prescribed for 
CARS stations, if the Commission finds that the public interest, 
convenience, and necessity would be served by such action.



Sec. 78.30  Forfeiture and termination of station authorizations.

    (a) A CARS license will be automatically forfeited in whole or in 
part without further notice to the licensee upon the voluntary removal 
or alteration of the facilities, so as to render the station not 
operational for a period of 30 days or more.
    (b) If a station licensed under this part discontinues operation on 
a permanent basis, the licensee must cancel the license. For purposes of 
this section, any station which has not operated for one year or more is 
considered to have been permanently discontinued.

[69 FR 57862, Sept. 28, 2004]



Sec. 78.31  Temporary extension of license.

    Where there is pending before the Commission any application, 
investigation, or proceeding which, after hearing, might lead to or make 
necessary the modification of, revocation of or the refusal to renew an 
existing cable television relay station license, the Commission will 
grant a temporary extension of such license: Provided, however, That no 
such temporary extension shall be construed as a finding by the 
Commission that the operation of any CARS station thereunder will serve 
the public interest, convenience, and necessity beyond the express terms 
of such temporary extension of license: And provided, further, That such 
temporary extension of license will in nowise affect or limit the action 
of the Commission with respect to any pending application or proceeding.



Sec. 78.33  Special temporary authority.

    (a) Notwithstanding the requirements of Sec. Sec. 78.15 and 78.20, 
in circumstances requiring immediate or temporary use of facilities, a 
request may be made for special temporary authority to install and 
operate new equipment or to operate licensed equipment in a manner 
different from that authorized in a station license. Any such request 
may be in letter form, and shall be submitted in duplicate: Provided, 
however, That in cases of emergency involving danger to life or property 
or due to damage to equipment, such request may be made by telephone or 
telegraph with the understanding that a written request shall be 
submitted within ten (10) days thereafter.
    (b) Special temporary authority may also be requested to conduct a 
field survey to determine necessary data in connection with the 
preparation of a formal application for installation of a radio system 
under this part. Such authority may be granted to equipment suppliers 
and others who are not operators of cable television systems or other 
eligible systems, as well as to cable operators or other eligible system 
operators, to conduct equipment, program, service, and path tests.
    (c) Any request for special temporary authority shall be clear and 
complete within itself as to the authority requested. In addition, such 
requests shall contain the following information:
    (1) Name, address, and citizenship of applicant;
    (2) Grounds for special action, including a description of any 
emergency or damage to equipment;
    (3) Type of operation to be conducted;
    (4) Purpose of operation;
    (5) Time and date of proposed operation;
    (6) Class of station and nature of service;
    (7) Location of station;
    (8) Equipment to be used, specifying manufacturer, model number, and 
number of units;
    (9) Frequency or frequencies desired, consistent with Sec. 78.18: 
Provided, however, That in the case of events of widespread interest and 
importance that cannot be transmitted successfully on these frequencies, 
frequencies assigned to other services may be requested on a showing 
that operation thereon will not cause interference to established 
stations: And provided, further, That in no case will a cable television 
relay

[[Page 751]]

service operation be authorized on frequencies employed for the safety 
of life and property;
    (10) Plate power input to final radio frequency stage;
    (11) Type of emission;
    (12) Description of antenna to be used, including height. In the 
event that the proposed antenna installations will increase the height 
of any natural formation, or existing manmade structure, by more than 
6.1 meters (20 feet), a vertical plan sketch showing the height of the 
structures proposed to be erected, the height above ground of any 
existing structure, the elevation of the site above mean sea level, and 
the geographic coordinates of the proposed sites shall be submitted with 
the application.
    (d) Except in emergencies involving safety of life or property or 
due to damage to equipment, a request for special temporary authority 
shall be filed at least ten (10) days prior to the date of proposed 
operation, or shall be accompanied by a statement of reasons for the 
delay in submitting such request.
    (e) If the Commission finds that special temporary authority is in 
the public interest, it may grant such authority for a period not 
exceeding ninety (90) days, and, on a like finding, may extend such 
authority for one additional period not to exceed ninety (90) days.

[37 FR 15927, Aug. 8, 1972, as amended at 55 FR 46015, Oct. 31, 1990; 58 
FR 44952, Aug. 25, 1993]



Sec. 78.35  Assignment or transfer of control.

    (a) No assignment of the license of a cable television relay station 
or transfer of control of a CARS licensee shall occur without prior FCC 
authorization.
    (b) If an assignment or transfer of control does not involve a 
substantial change of interests, the provisions of Sec. Sec. 78.20(c) 
and 78.22, concerning public notice and objections, shall be waived.
    (c) Licensees of CARS stations are not required to submit 
applications for assignment or transfer of control or otherwise notify 
the FCC in cases where the change in ownership does not affect the 
identity or controlling interest of the licensee.
    (d) If an assignment or transfer of control involves a substantial 
change of interest, and requires prior FCC approval, the CARS licensee 
is required to file FCC Form 327 with the Commission.
    (e) Licensees are required to notify the Commission of consummation 
of an approved transfer or assignment. The assignee or transferee is 
responsible for providing this notification, including the date the 
transaction was consummated. The transaction must be consummated and 
notification provided to the Commission within 60 days of public notice 
of approval, and notification of consummation must occur no later than 
30 days after actual consummation, unless a request for an extension of 
time to consummate is filed.

[37 FR 15927, Aug. 8, 1972, as amended at 50 FR 23421, June 4, 1985; 68 
FR 27004, May 19, 2003]



Sec. 78.36  Frequency coordination.

    (a) Coordination of all frequency assignments for fixed stations in 
all bands above 2110 MHz, and for mobile (temporary fixed) stations in 
the bands 6425-6525 MHz and 17.7-19.7 GHz, will be in accordance with 
the procedure established in paragraph (b) of this section, except that 
the prior coordination process for mobile (temporary fixed) assignments 
may be completed orally and the period allowed for response to a 
coordination notification may be less than 30 days if the parties agree. 
Coordination of all frequency assignments for all mobile (temporary 
fixed) stations in all bands above 2110 MHz, except the bands 6425-6525 
MHz and 17.7-19.7 GHz, will be conducted in accordance with the 
procedure established in paragraph (b) of this section or with the 
procedure in paragraph (d) of this section. Coordination of all 
frequency assignments for all fixed stations in the band 1990-2110 MHz 
will be in accordance with the procedure established in paragraph (c) of 
this section. Coordination of all frequency assignments for all mobile 
(temporary fixed) stations in the band 1990-2110 MHz will be conducted 
in accordance with the procedure in paragraph (d) of this section.

[[Page 752]]

    (b) For each frequency coordinated under this part, the interference 
protection criteria in 47 CFR 101.105(a), (b), and (c) and the following 
frequency usage coordination procedures will apply:
    (1) General requirements. Proposed frequency usage must be prior 
coordinated with existing licensees, permittees, and applicants in the 
area, and other applicants with previously filed applications, whose 
facilities could affect or be affected by the new proposal in terms of 
frequency interference on active channels, applied-for channels, or 
channels coordinated for future growth. Coordination must be completed 
prior to filing an application for regular authorization, or a major 
amendment to a pending application, or any major modification to a 
license. In coordinating frequency usage with stations in the fixed 
satellite service, applicants must also comply with the requirements of 
47 CFR 101.21(f). In engineering a system or modification thereto, the 
applicant must, by appropriate studies and analyses, select sites, 
transmitters, antennas and frequencies that will avoid interference in 
excess of permissible levels to other users. All applicants and 
licensees must cooperate fully and make reasonable efforts to resolve 
technical problems and conflicts that may inhibit the most effective and 
efficient use of the radio spectrum; however, the party being 
coordinated with is not obligated to suggest changes or re-engineer a 
proposal in cases involving conflicts. Applicants should make every 
reasonable effort to avoid blocking the growth of systems as prior 
coordinated. The applicant must identify in the application all entities 
with which the technical proposal was coordinated. In the event that 
technical problems are not resolved, an explanation must be submitted 
with the application. Where technical problems are resolved by an 
agreement or operating arrangement between the parties that would 
require special procedures be taken to reduce the likelihood of 
interference in excess of permissible levels (such as the use of 
artificial site shielding) or would result in a reduction of quality or 
capacity of either system, the details thereof may be contained in the 
application.
    (2) Coordination procedure guidelines are as follows:
    (i) Coordination involves two separate elements: Notification and 
response. Both or either may be oral or in written form. To be 
acceptable for filing, all applications and major technical amendments 
must certify that coordination, including response, has been completed. 
The names of the licensees, permittees and applicants with which 
coordination was accomplished must be specified. If such notice and/or 
response is oral, the party providing such notice or response must 
supply written documentation of the communication upon request;
    (ii) Notification must include relevant technical details of the 
proposal. At minimum, this should include, as applicable, the following:
    (A) Applicant's name and address,
    (B) Transmitting station name,
    (C) Transmitting station coordinates,
    (D) Frequencies and polarizations to be added, changed or deleted,
    (E) Transmitting equipment type, its stability, actual output power, 
emission designator, and type of modulation (loading),
    (F) Transmitting antenna type(s), model, gain and, if required, a 
radiation pattern provided or certified by the manufacturer,
    (G) Transmitting antenna center line height(s) above ground level 
and ground elevation above mean sea level,
    (H) Receiving station name,
    (I) Receiving station coordinates,
    (J) Receiving antenna type(s), model, gain, and, if required, a 
radiation pattern provided or certified by the manufacturer,
    (K) Receiving antenna center line height(s) above ground level and 
ground elevation above mean sea level,
    (L) Path azimuth and distance,
    (M) Estimated transmitter transmission line loss expressed in dB,
    (N) Estimated receiver transmission line loss expressed in dB,
    (O) For a system utilizing ATPC, maximum transmit power, coordinated 
transmit power, and nominal transmit power.

    Note to paragraph (b)(2)(ii): The position location of antenna sites 
shall be determined to an accuracy of no less than 1 second in

[[Page 753]]

the horizontal dimensions (latitude and longitude) and 1 meter in the vertical dimension (ground elevation) 
with respect to the National Spacial Reference System.

    (iii) For transmitters employing digital modulation techniques, the 
notification should clearly identify the type of modulation. Upon 
request, additional details of the operating characteristics of the 
equipment must also be furnished;
    (iv) Response to notification should be made as quickly as possible, 
even if no technical problems are anticipated. Any response to 
notification indicating potential interference must specify the 
technical details and must be provided to the applicant, in writing, 
within the 30-day notification period. Every reasonable effort should be 
made by all applicants, permittees and licensees to eliminate all 
problems and conflicts. If no response to notification is received 
within 30 days, the applicant will be deemed to have made reasonable 
efforts to coordinate and may file its application without a response;
    (v) The 30-day notification period is calculated from the date of 
receipt by the applicant, permittee, or licensee being notified. If 
notification is by mail, this date may be ascertained by:
    (A) The return receipt on certified mail;
    (B) The enclosure of a card to be dated and returned by the 
recipient; or
    (C) A conservative estimate of the time required for the mail to 
reach its destination. In the last case, the estimated date when the 30-
day period would expire should be stated in the notification.
    (vi) An expedited prior coordination period (less than 30 days) may 
be requested when deemed necessary by a notifying party. The 
coordination notice should be identified as ``expedited'' and the 
requested response date should be clearly indicated. However, 
circumstances preventing a timely response from the receiving party 
should be accommodated accordingly. It is the responsibility of the 
notifying party to receive written concurrence (or verbal, with written 
to follow) from affected parties or their coordination representatives.
    (vii) All technical problems that come to light during coordination 
must be resolved unless a statement is included with the application to 
the effect that the applicant is unable or unwilling to resolve the 
conflict and briefly the reason therefore;
    (viii) Where a number of technical changes become necessary for a 
system during the course of coordination, an attempt should be made to 
minimize the number of separate notifications for these changes. Where 
the changes are incorporated into a completely revised notice, the items 
that were changed from the previous notice should be identified. When 
changes are not numerous or complex, the party receiving the changed 
notification should make an effort to respond in less than 30 days. When 
the notifying party believes a shorter response time is reasonable and 
appropriate, it may be helpful for that party to so indicate in the 
notice and perhaps suggest a response date;
    (ix) If, after coordination is successfully completed, it is 
determined that a subsequent change could have no impact on some parties 
receiving the original notification, these parties must be notified of 
the change and of the coordinator's opinion that no response is 
required;
    (x) Applicants, permittees and licensees should supply to all other 
applicants, permittees and licensees within their areas of operations, 
the name, address and telephone number of their coordination 
representatives. Upon request from coordinating applicants, permittees 
and licensees, data and information concerning existing or proposed 
facilities and future growth plans in the area of interest should be 
furnished unless such request is unreasonable or would impose a 
significant burden in compilation;
    (xi) Parties should keep other parties with whom they are 
coordinating advised of changes in plans for facilities previously 
coordinated. If applications have not been filed 6 months after 
coordination was initiated, parties may assume that such frequency use 
is no longer desired unless a second notification has been received 
within 10 days of the end of the 6 month period. Renewal

[[Page 754]]

notifications are to be sent to all originally notified parties, even if 
coordination has not been successfully completed with those parties; and
    (xii) Any frequency reserved by a licensee for future use in the 
bands subject to this part must be released for use by another licensee, 
permittee, or applicant upon a showing by the latter that it requires an 
additional frequency and cannot coordinate one that is not reserved for 
future use.
    (c) For each frequency coordinated under this part, the following 
frequency usage coordination procedures will apply:
    (1) General requirements. Applicants are responsible for selecting 
the frequency assignments that are least likely to result in mutual 
interference with other licensees in the same area. Applicants may 
consult local frequency coordination committees, where they exist, for 
information on frequencies available in the area. Proposed frequency 
usage must be coordinated with existing licensees and applicants in the 
area whose facilities could affect or be affected by the new proposal in 
terms of frequency interference on active channels, applied-for 
channels, or channels coordinated for future growth. Coordination must 
be completed prior to filing an application for regular authorization, 
for major amendment to a pending application, or for major modification 
to a license.
    (2) To be acceptable for filing, all applications for regular 
authorization, or major amendment to a pending application, or major 
modification to a license, must include a certification attesting that 
all co-channel and adjacent-channel licensees and applicants potentially 
affected by the proposed fixed use of the frequency(ies) have been 
notified and are in agreement that the proposed facilities can be 
installed without causing harmful interference to those other licensees 
and applicants.
    (d) For each frequency coordinated under this part, applicants are 
responsible for selecting the frequency assignments that are least 
likely to result in mutual interference with other licensees in the same 
area. Applicants may consult local frequency coordination committees, 
where they exist, for information on frequencies available in the area. 
In selecting frequencies, consideration should be given to the relative 
location of receive points, normal transmission paths, and the nature of 
the contemplated operation.

[68 FR 12774, Mar. 17, 2003, as amended at 75 FR 17061, Apr. 5, 2010]



Sec. 78.40  Transition of the 1990-2025 MHz band from the Cable Television Relay Service to emerging technologies.

    (a) New Entrants are collectively defined as those licensees 
proposing to use emerging technologies to implement Mobile Satellite 
Services in the 2000-2020 MHz band (MSS licensees), those licensees 
authorized after July 1, 2004 to implement new Fixed and Mobile services 
in the 1990-1995 MHz band, and those licensees authorized after 
September 9, 2004 in the 1995-2000 MHz and 2020-2025 MHz bands. New 
entrants may negotiate with Cable Television Relay Service licensees 
operating on a primary basis and fixed service licensees operating on a 
primary basis in the 1990-2025 MHz band (Existing Licensees) for the 
purpose of agreeing to terms under which the Existing Licensees would 
relocate their operations to the 2025-2110 MHz band, to other authorized 
bands, or to other media; or, alternatively, would accept a sharing 
arrangement with the New Entrants that may result in an otherwise 
impermissible level of interference to the Existing Licensee's 
operations. New licensees in the 1995-2000 MHz and 2020-2025 MHz bands 
are subject to the specific relocation procedures adopted in WT Docket 
04-356.
    (b) Existing Licensees in the 1990-2025 MHz band allocated for 
licensed emerging technology services will maintain primary status in 
the band until a New Entrant completes relocation of the Existing 
Licensee's operations or the Existing Licensee indicates to a New 
Entrant that it declines to be relocated.
    (c) The Commission will amend the operating license of the Existing 
Licensee to secondary status only if the following requirements are met:
    (1) The service applicant, provider, licensee, or representative 
using an

[[Page 755]]

emerging technology guarantees payment of all relocation costs, 
including all engineering, equipment, site and FCC fees, as well as any 
reasonable additional costs that the relocated Existing Licensee might 
incur as a result of operation in another authorized band or migration 
to another medium;
    (2) The New Entrant completes all activities necessary for 
implementing the replacement facilities, including engineering and cost 
analysis of the relocation procedure and, if radio facilities are used, 
identifying and obtaining, on the incumbents' behalf, new microwave or 
Cable Television Relay Service frequencies and frequency coordination.
    (3) The New Entrant builds the replacement system and tests it for 
comparability with the existing system.
    (d) The Existing Licensee is not required to relocate until the 
alternative facilities are available to it for a reasonable time to make 
adjustments, determine comparability, and ensure a seamless handoff.
    (e) If, within one year after the relocation to new facilities the 
Existing Licensee demonstrates that the new facilities are not 
comparable to the former facilities, the New Entrant must remedy the 
defect.
    (f) Subject to the terms of this paragraph (f), the relocation of 
Existing Licensees will be carried out by MSS licensees in the following 
manner:
    (1) Existing Licensees and MSS licensees may negotiate individually 
or collectively for relocation of Existing Licensees to one of the 
channel plans specified in Sec. 74.602(a)(3) of this part. Parties may 
not decline to negotiate, though Existing Licensees may decline to be 
relocated.
    (i) MSS licensees may relocate all Existing Licensees in Nielsen 
Designated Market Areas (DMAs) 1-30, as such DMAs existed on September 
6, 2000, except those Existing Licensees that decline relocation. Such 
relocation negotiations shall be conducted as ``mandatory 
negotiations,'' as that term is used in Sec. 101.73 of this chapter. If 
these parties are unable to reach a negotiated agreement, MSS Licensees 
may involuntarily relocate such Existing Licensees after December 8, 
2004.
    (ii) [Reserved]
    (iii) On the date that the first MSS licensee begins operations in 
the 2000-2020 MHz band, a one-year mandatory negotiation period begins 
between MSS licensees and Existing Licensees in DMAs 31-210, as such 
DMAs existed on September 6, 2000. After the end of the mandatory 
negotiation period, MSS licensees may involuntary relocate any Existing 
Licensees with which they have been unable to reach a negotiated 
agreement. As described elsewhere in this paragraph (f), MSS Licensees 
are obligated to relocate these Existing Licensees within the specified 
three- and five-year time periods.
    (2) Before negotiating with MSS licensees, Existing Licensees in 
Nielsen Designated Market Areas where there is a BAS frequency 
coordinator must coordinate and select a band plan for the market area. 
If an Existing Licensee wishes to operate in the 2025-2110 MHz band 
using the channel plan specified in Sec. 78.18(a)(6)(i) of this part, 
then all licensees within that Existing Licensee's market must agree to 
such operation and all must operate on a secondary basis to any licensee 
operating on the channel plan specified in Sec. 78.18(a)(6)(ii). All 
negotiations must produce solutions that adhere to the market area's 
band plan.
    (3)-(4) [Reserved]
    (5) As of the date the first MSS Licensee begins operations in the 
1990-2025 MHz band, MSS Licensees must relocate Existing Licensees in 
DMAs 31-100, as they existed as of September 6, 2000, within three 
years, and in the remaining DMAs, as they existed as of September 6, 
2000, within five years.
    (6) On December 9, 2013, all Existing Licensees will become 
secondary in the 1990-2025 MHz band. Upon written demand by any MSS 
Licensee, Existing Licensees must cease operations in the 1990-2025 MHz 
band within six months.

[65 FR 48181, Aug. 7, 2000, as amended at 67 FR 53756, Aug. 19, 2002; 68 
FR 68253, Dec. 8, 2003; 69 FR 62622, Oct. 27, 2004; 69 FR 67836, Nov. 
22, 2004; 74 FR 29613, June 23, 2009]



                Subpart C_General Operating Requirements



Sec. 78.51  Remote control operation.

    (a) A CARS station may be operated by remote control: Provided, That 
such

[[Page 756]]

operation is conducted in accordance with the conditions listed below: 
And provided further, That the Commission, in Washington, DC, is 
notified at least 10 days prior to the beginning of such operation and 
that such notification is accompanied by a detailed description showing 
the manner of compliance with the following conditions:
    (1) The transmitter and associated control system shall be installed 
and protected in a manner designed to prevent tampering or operation by 
unauthorized persons.
    (2) An operator shall be on duty at the remote control position and 
in actual charge thereof at all times when the station is in operation.
    (3) Facilities shall be provided at the control position which will 
permit the operator to turn the transmitter on and off at will. The 
control position shall also be equipped with suitable devices for 
observing the overall characteristics of the transmissions and a carrier 
operated device which will give a continuous visual indication whenever 
the transmitting antenna is radiating a signal. The transmitting 
apparatus shall be inspected as often as may be necessary to insure 
proper operation.
    (4) The control circuits shall be so designed and installed that 
short circuits, open circuits, other line faults, or any other cause 
which would result in loss of control of the transmitter will 
automatically cause the transmitter to cease radiating.
    (b) An application for authority to construct a new station or to 
make changes in the facilities of an existing station and which proposes 
operation by remote control shall include an adequate showing of the 
manner of compliance with the requirements of this section.
    (c) The Commission may notify the licensee not to commence remote 
control operation, or to cancel, suspend, or change the date of the 
beginning of such operation as and when such action may appear to be in 
the public interest, convenience, or necessity.

[37 FR 3292, Feb. 12, 1972, as amended at 41 FR 29695, July 19, 1976; 49 
FR 20671, May 16, 1984; 50 FR 23421, June 4, 1985]



Sec. 78.53  Unattended operation.

    (a) A CARS station may be operated unattended: Provided, That such 
operation is conducted in accordance with the conditions listed below: 
And provided further, That the Commission, in Washington, DC, is 
notified at least 10 days prior to the beginning of unattended operation 
if such operation is not indicated on the station authorization.
    (1) The transmitter and associated control circuits shall be 
installed and protected in a manner designed to prevent tampering or 
operation by unauthorized persons.
    (2) If the transmitting apparatus is located at a site which is not 
readily accessible at all hours and in all seasons, means shall be 
provided for turning the transmitter on and off at will from a location 
which can be reached promptly at all hours and in all seasons.
    (3) Personnel responsible for the maintenance of the station shall 
be available on call at a location which will assure expeditious 
performance of such technical servicing and maintenance as may be 
necessary whenever the station is operating. In lieu thereof, 
arrangements may be made to have a person or persons available at all 
times when the transmitter is operating, to turn the transmitter off in 
the event that it is operating improperly. The transmitter may not be 
restored to operation until the malfunction has been corrected by a 
technically qualified person.
    (4) The station licensee shall be responsible for the proper 
operation of the station at all times and is expected to provide for 
observations, servicing and maintenance as often as may be necessary to 
ensure proper operation. All adjustments or tests during or coincident 
with the installation, servicing, or maintenance of the station which 
may affect its operation shall be performed by or under the immediate 
supervision of a technically qualified person.
    (b) The Commission may notify the licensee not to commence 
unattended operation, or to cancel, suspend, or change the date of the 
beginning of such operation as and when such action

[[Page 757]]

may appear to be in the public interest, convenience, or necessity.

(Secs. 1, 2, 301, 307, 48 Stat., as amended 1064, 1081, 1083; (47 U.S.C. 
151, 152, 301, 307))

[37 FR 3292, Feb. 12, 1972, as amended at 41 FR 29695, July 19, 1976; 42 
FR 61864, Dec. 7, 1977; 43 FR 4617, Feb. 3, 1978; 43 FR 25127, June 9, 
1978; 49 FR 20671, May 16, 1984; 50 FR 23422, June 4, 1985; 50 FR 32418, 
Aug. 12, 1985]



Sec. 78.55  Time of operation.

    A CARS station is not expected to adhere to any prescribed schedule 
of operation. Continous radiation of the carrier without modulation is 
permitted provided harmful interference is not caused to other 
authorized stations.

[43 FR 25127, June 9, 1978]



Sec. 78.57  Station inspection.

    The station and all records required to be kept by the licensee 
shall be made available for inspection upon request by any authorized 
representative of the Commission.



Sec. 78.59  Posting of station and operator licenses.

    (a) The station license and any other instrument of authorization or 
individual order concerning the construction or the equipment or manner 
of operation shall be posted at the place where the transmitter is 
located, so that all terms thereof are visible except as otherwise 
provided in paragraphs (b) and (c) of this section.
    (b) In cases where the transmitter is operated by remote control, 
the documents referred to in paragraph (a) of this section shall be 
posted in the manner described at the control point of the transmitter.
    (c) In cases where the transmitter is operated unattended, the name 
of the licensee and the call sign of the unattended station shall be 
displayed at the transmitter site on the structure supporting the 
transmitting antenna, so as to be visible to a person standing on the 
ground at the transmitter site. The display shall be prepared so as to 
withstand normal weathering for a reasonable period of time and shall be 
maintained in a legible condition at all times by the licensee. The 
station license and other documents referred to in paragraph (a) of this 
section shall be kept at the nearest attended station or, in cases where 
the licensee of the unattended station does not operate attended 
stations, at the point of destination of the signals relayed by the 
unattended station.

[37 FR 3292, Feb. 12, 1972, as amended at 49 FR 20671, May 16, 1984]



Sec. 78.61  Operator requirements.

    (a) Except in cases where a CARS station is operated unattended in 
accordance with Sec. 78.53 or except as provided in other paragraphs of 
this section, a person shall be on duty at the place where the 
transmitting apparatus is located, in plain view and in actual charge of 
its operation or at a remote control point established pursuant to the 
provision of Sec. 78.51, at all times when the station is in operation. 
Control and monitoring equipment at a remote control point shall be 
readily accessible and clearly visible to the operator at that position.
    (b) Any transmitter tests, adjustments, or repairs during or 
coincident with the installation, servicing, operation or maintenance of 
a CARS station which may affect the proper operation of such station 
shall be made by or under the immediate supervision and responsibility 
of a person responsible for proper functioning of the station equipment.
    (c) The operator on duty and in charge of a CARS station may, at the 
discretion of the licensee, be employed for other duties or for the 
operation of another station or stations in accordance with the rules 
governing such stations. However, such duties shall in no way impair or 
impede the required supervision of the CARS station.
    (d) CARS stations operating with nominal transmitter power of 250 
milliwatts or less may be operated by any person whom the licensee shall 
designate. Pursuant to this provision, the designated person shall 
perform as the licensee's agent and proper operation of the station 
shall remain the licensee's responsibility.
    (e) Mobile CARS stations operating with nominal transmitter power in 
excess of 250 milliwatts may be operated by any person whom the licensee 
shall designate: Provided that a person is on

[[Page 758]]

duty at a receiving end of the circuit to supervise operation and to 
immediately institute measures sufficient to assure prompt correction of 
any condition of improper operation that may be observed.

(Secs. 1, 2, 301, 307, 48 Stat., as amended, 1064, 1081, 1083; (47 
U.S.C. 151, 152, 301, 307))

[43 FR 4617, Feb. 3, 1978, as amended at 49 FR 20671, May 16, 1984; 50 
FR 32418, Aug. 12, 1985]



Sec. 78.63  Antenna structure marking and lighting.

    The owner of each antenna structure is responsible for ensuring that 
the structure, if required, is painted and/or illuminated in accordance 
with part 17 of this chapter. In the event of default by the owner, each 
licensee shall be responsible for ensuring that the structure complies 
with applicable painting and lighting requirements.

[61 FR 4368, Feb. 6, 1996]



Sec. 78.65  Additional orders.

    In case the rules of this part do not cover all phases of operation 
with respect to external effects, the Commission may make supplemental 
or additional orders in each case as may be deemed necessary.



Sec. 78.67  Familiarity with FCC rules.

    Both the licensee of a cable television relay station (CARS) and the 
operator or operators responsible for the proper operation of the 
station are expected to be familiar with the rules governing CARS 
stations. Copies of the Commission's rules may be obtained from the 
Superintendent of Documents, Government Publishing Office, Washington, 
DC 20401, at nominal cost, or accessed online at https://www.ecfr.gov or 
https://www.gpo.gov/fdsys/browse/
collectionCfr.action?collectionCode=CFR.

[83 FR 13684, Mar. 30, 2018]



Sec. 78.69  Station records.

    Each licensee of a CARS station shall maintain records showing the 
following:
    (a) For all attended or remotely controlled stations, the date and 
time of the beginning and end of each period of transmission of each 
channel;
    (b) For all stations, the date and time of any unscheduled 
interruptions to the transmissions of the station, the duration of such 
interruptions, and the causes thereof;
    (c) For all stations, the results and dates of the frequency 
measurements made pursuant to Sec. 78.113 and the name of the person or 
persons making the measurements;
    (d) For all stations, when service or maintenance duties are 
performed, which may affect a station's proper operation, the 
responsible operator shall sign and date an entry in the station's 
records, giving:
    (1) Pertinent details of all transmitter adjustments performed by 
the operator or under the operator's supervision.
    (e) When a station in this service has an antenna structure which is 
required to be illuminated, appropriate entries shall be made as 
follows:
    (1) The time the tower lights are turned on and off each day, if 
manually controlled.
    (2) The time the daily check of proper operation of the tower lights 
was made, if an automatic alarm system is not employed.
    (3) In the event of any observed or otherwise known failure of a 
tower light:
    (i) Nature of such failure.
    (ii) Date and time the failure was observed or otherwise noted.
    (iii) Date, time, and nature of the adjustments, repairs, or 
replacements made.
    (iv) Identification of Flight Service Station (Federal Aviation 
Administration) notified of the failure of any code or rotating beacon 
light not corrected within 30 minutes, and the date and time such notice 
was given.
    (v) Date and time notice was given to the Flight Service Station 
(Federal Aviation Administration) that the required illumination was 
resumed.
    (4) Upon completion of the 3-month periodic inspection required by 
Sec. 78.63(c):
    (i) The date of the inspection and the condition of all tower lights 
and associated tower lighting control devices, indicators, and alarm 
systems.
    (ii) Any adjustments, replacements, or repairs made to insure 
compliance

[[Page 759]]

with the lighting requirements and the date such adjustments, 
replacements, or repairs were made.
    (f) For all stations, station record entries shall be made in an 
orderly and legible manner by the person or persons competent to do so, 
having actual knowledge of the facts required, who shall sign the 
station record when starting duty and again when going off duty.
    (g) For all stations, no station record or portion thereof shall be 
erased, obliterated, or willfully destroyed within the period of 
retention required by rule. Any necessary correction may be made only by 
the person who made the original entry who shall strike out the 
erroneous portion, initial the correction made, and show the date the 
correction was made.
    (h) For all stations, station records shall be retained for a period 
of not less than 2 years. The Commission reserves the right to order 
retention of station records for a longer period of time. In cases where 
the licensee or permittee has notice of any claim or complaint, the 
station record shall be retained until such claim or complaint has been 
fully satisfied or until the same has been barred by statute limiting 
the time for filing of suits upon such claims.

[41 FR 29695, July 19, 1976, as amended at 49 FR 20672, May 16, 1984; 50 
FR 23422, June 4, 1985]



Sec. 78.75  Equal employment opportunities.

    See Subpart E, Part 76 of this chapter.

[51 FR 9966, Mar. 24, 1986]



                     Subpart D_Technical Regulations



Sec. 78.101  Power limitations.

    (a) On any authorized frequency, the average power delivered to an 
antenna shall be the minimum amount of power necessary to carry out the 
communications desired. In no event shall the average transmitter power 
or equivalent isotropically radiated power (EIRP) exceed the values 
specified below.

----------------------------------------------------------------------------------------------------------------
                                                                      Maximum      Maximum allowable EIRP \1 2\
                                                                     allowable   -------------------------------
                      Frequency band (MHz)                          transmitter
                                                                   power--mobile    Fixed (dBW)    Mobile (dBW)
                                                                        (W)
----------------------------------------------------------------------------------------------------------------
2,025 to 2,110..................................................            20.0  ..............            + 35
6,425 to 6,525..................................................            20.0  ..............            + 35
6,875 to 7,125..................................................            20.0  ..............            + 35
12,700 to 13,250................................................             1.5            + 55            + 45
17,700 to 18,600................................................  ..............            + 55  ..............
18,600 to 18,800\1\.............................................  ..............            + 35  ..............
18,800 to 19,700................................................  ..............            + 55  ..............
----------------------------------------------------------------------------------------------------------------
\1\ The power delivered to the antenna is limited to -3 dBW.
\2\ Stations licensed based on an application filed before April 16, 2003, for EIRP values exceeding those
  specified above, may continue to operate indefinitely in accordance with the terms of their current
  authorizations, subject to periodic renewal.

    (b) LDS stations shall use for the visual signal-vestigial sideband 
AM transmission. When vestigial sideband AM transmission is used the 
peak power of the visual signal on all channels shall be maintained 
within 2 dB of equality. The mean power of the aural signal on each 
channel shall not exceed a level of 7 dB below the peak power of the 
visual signal.
    (c) The EIRP of transmitters that use Automatic Transmitter Power 
Control (ATPC) shall not exceed the EIRP specified on the station 
authorization. The EIRP of non-ATPC transmitters shall be maintained as 
near as practicable to the EIRP specified on the station authorization.

[45 FR 78694, Nov. 26, 1980, as amended at 52 FR 7144, Mar. 9, 1987; 65 
FR 48182, Aug. 7, 2000; 68 FR 12776, Mar. 17, 2003]



Sec. 78.103  Emissions and emission limitations.

    (a) A CARS station may be authorized to employ any type of emission, 
for which there are technical standards incorporated in Subpart D of 
this part, suitable for the simultaneous transmission of visual and 
aural television signals.

[[Page 760]]

    (b) Any emission appearing on a frequency outside of the channel 
authorized for a transmitter shall be attenuated below the power of the 
emission in accordance with the following schedule:
    (1) For stations using FM or double sideband AM transmission:
    (i) On any frequency above the upper channel limit or below the 
lower channel limit by between zero and 50 percent of the authorized 
channel width: At least 25 decibels below the mean power of the 
emission;
    (ii) On any frequency above the upper channel limit or below the 
lower channel limit by more than 50 percent and up to 150 percent of the 
authorized channel width: At least 35 decibels below the mean power of 
the emission; and
    (iii) On any frequency above the upper channel limit or below the 
lower channel limit by more than 150 percent of the authorized channel 
width: At least 43 + 10 log\1\0 (power in watts) decibels 
below the mean power of the emission.
    (2) For CARS stations using vestigial sideband AM transmission: At 
least 50 decibels below the peak power of the emission.
    (c) For operation in the 17.7.7-19.7 GHz band:
    The mean power of any emission shall be attenuated below the mean 
output power of the transmitter in accordance with the following 
schedule:
    (1) When using frequency modulation:
    (i) On any frequency removed from the assigned (center) frequency by 
more than 50% up to and including 100% of the authorized bandwidth: At 
least 25 dB;
    (ii) On any frequency removed from the assigned (center) frequency 
by more than 100% up to and including 250% of the authorized bandwidth: 
At least 35 dB;
    (iii) On any frequency removed from the assigned (center) frequency 
by more than 250% of the authorized bandwidth: At least 43 + 10 log 10 
(mean output power in watts) dB, or 80 dB, whichever is the lesser 
attenuation.
    (2) When using digital modulation:
    (i) In any 1 MHz band, the center frequency of which is removed from 
the assigned frequency by more than 50% up to and including 250% of the 
authorized bandwidth: As specified by the following equation but in no 
event less than 11 dB.

A = 11 + 0.4 (P - 50) + 10 log10 B

where:

A = Attenuation (in dB) below the mean output power level.
P = Percent removed from the carrier frequency.
B = Authorized bandwidth in MHz.

    [Attenuation greater than 56 decibels is not required.]
    (ii) In any 4 kHz band, the center frequency of which is removed 
from the assigned frequency by more than 250% of the authorized 
bandwidth: At least 43 = 10 log10 (mean output power in 
watts) dB, or 80 dB, whichever is the lesser attenuation.
    (3) Amplitude Modulation:
    For vestigial sideband AM video: On any frequency removed from the 
center frequency of the authorized band by more than 50%: at least 50 dB 
below peak power of the emission.
    (d) In the event that interference to other stations is caused by 
emissions outside the authorized channel, the Commission may require 
greater attenuation than that specified in paragraph (b) of this 
section.
    (e) The maximum bandwidth that will be authorized per frequency 
assignment is set out in the table that follows. Regardless of the 
maximum authorized bandwidth specified for each frequency band, the 
Commission reserves the right to issue a license for less than the 
maximum bandwidth if it appears that a bandwidth less than the maximum 
would be sufficient to support an applicant's intended communications.

------------------------------------------------------------------------
                                           Maximum authorized band-width
           Frequency band (MHz)                        (MHz)
------------------------------------------------------------------------
1,990 to 2,110...........................  17 or 18.\1\
6,425 to 6,525...........................  8 or 25.
6,875 to 7,125...........................  25.
12,700 to 13,250.........................  25.
17,700 to 19,700.........................  80.
------------------------------------------------------------------------
\1\ After a licensee has been relocated in accordance with Sec. 78.40,
  the maximum authorized bandwidth in the frequency band 2025 to 2010
  MHz will be 12 megahertz.


[[Page 761]]


[37 FR 3292, Feb. 12, 1972, as amended at 37 FR 15927, Aug. 8, 1972; 38 
FR 16648, June 25, 1973; 39 FR 26025, July 16, 1974; 48 FR 50736, Nov. 
3, 1983; 49 FR 37779, Sept. 26, 1984; 52 FR 7145, Mar. 9, 1987; 65 FR 
48182, Aug. 7, 2000; 68 FR 12776, Mar. 17, 2003; 68 FR 68253, Dec. 8, 
2003]



Sec. 78.104  Authorized bandwidth and emission designator.

    (a) The authorized bandwidth permitted to be used by a CARS station 
and specified in the station license shall be the occupied or necessary 
bandwidth, whichever is greater, except when otherwise authorized by the 
Commission in accordance with paragraph (b) of this section.
    (b) As an exception to the provision of paragraph (a) of this 
section, the Commission may approve requests to base the authorized 
bandwidth for the station on the lesser of the occupied or necessary 
bandwidth where a persuasive showing is made that:
    (1) The frequency stability of the transmitting equipment to be used 
will permit compliance with Sec. 78.103(b)(1) and, additionally, will 
permit 99 percent of the total radiated power to be kept within the 
frequency limits of the assigned channel.
    (c) The emission designator shall be specified in terms of the 
necessary bandwidth. (See Sec. 2.201(a) of this chapter.)

[39 FR 26025, July 16, 1974, as amended at 45 FR 78694, Nov. 26, 1980]



Sec. 78.105  Antenna systems.

    (a) For fixed stations operating in the 12.7-13.2 GHz and 17.7-19.7 
GHz bands, the following standards apply:
    (1) Fixed CARS stations shall use directional antennas that meet the 
performance standards indicated in the following table.
    (i) Stations must employ an antenna that meets the performance 
standards for Category B. In areas subject to frequency congestion, 
where proposed facilities would be precluded by continued use of a 
Category B antenna, a Category A antenna must be employed. The 
Commission may require the use of a high performance antenna where 
interference problems can be resolved by the use of such antennas.
    (ii) Upon adequate showing of need to serve a larger sector, or more 
than a single sector, greater beamwidth or multiple antennas may be 
authorized. Applicants shall request and authorization for stations in 
this service will specify the polarization of each transmitted signal.
    (iii) Licensees shall comply with the antenna standards table shown 
in this paragraph in the following manner:
    (A) With either the maximum beamwidth to 3 dB points requirement or 
with the minimum antenna gain requirement; and
    (B) With the minimum radiation suppression to angle requirement.

                                                                    Antenna Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Maximum                   Minimum radiation suppression to angle in degrees from
                                                                 beamwidith                            centerline of main beam in decibels
                                                                   to 3 dB    Minimum  -----------------------------------------------------------------
                   Frequency (MHz)                     Category  points \1\   antenna
                                                                  (included     gain     5[deg]  10[deg]  15[deg]  20[deg]   30[deg]  100[deg]  140[deg]
                                                                  angle in     (dbi)       to       to       to       to       to        to        to
                                                                  degrees)              10[deg]  15[deg]  20[deg]  30[deg]  100[deg]  140[deg]  180[deg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
12,700 to 13,250....................................          A         1.0        n/a      23       28       35       39        41        42        50
                                                              B         2.0        n/a      20       25       28       30        32        37        47
17,700 to 19,700....................................          A         2.2         38      25       29       33       36        42        55        55
                                                              B         2.2         38      20       24       28       32        35        36        36
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the
  elevation planes.

    (2) New periscope antenna systems will be authorized upon a 
certification that the radiation, in a horizontal plane, from an 
illuminating antenna and reflector combination meets or exceeds the 
antenna standards of this section. This provision similarly applies to 
passive repeaters employed to redirect or repeat the signal from a 
station's directional antenna system.
    (3) The choice of receiving antennas is left to the discretion of 
the licensee.

[[Page 762]]

However, licensees will not be protected from interference which results 
from the use of antennas with poorer performance than defined in 
paragraph (a) of this section.
    (4) Pickup stations are not subject to the performance standards 
herein stated. The provisions of this paragraph are effective for all 
new applications accepted for filing after October 1, 1981.
    (b) Any fixed station licensed pursuant to an application accepted 
for filing prior to October 1, 1981, may continue to use its existing 
antenna system, subject to periodic renewal until April 1, 1992, After 
April 1, 1992, all licensees are to use antenna systems in conformance 
with the standards of this section. TV auxiliary broadcast stations are 
considered to be located in an area subject to frequency congestion and 
must employ a Category A antenna when:
    (1) A showing by an applicant of a new CAR service or TV auxiliary 
broadcast, which shares the 12.7-13.20 GHz band with CARS, indicates 
that use of a category B antenna limits a proposed project because of 
interference, and
    (2) That use of a category A antenna will remedy the interference 
thus allowing the project to be realized.
    (c) As an exception to the provisions of this section, the FCC may 
approve requests for use of periscope antenna systems where a persuasive 
showing is made that no frequency conflicts exist in the area of 
proposed use. Such approvals shall be conditioned to require conversion 
to a standard antenna as required in paragraph (a) of this section when 
an applicant of a new TV auxiliary broadcast or Cable Television Relay 
station indicates that the use of the existing antenna system will cause 
interference and the use of a category A or B antenna will remedy the 
interference.
    (d) As a further exception to the provision of paragraph (a) of this 
section the Commission may approve antenna systems not conforming to the 
technical standards where a persuasive showing is made that:
    (1) Indicates in detail why an antenna system complying with the 
requirements of paragraph (a) of this section cannot be installed, and
    (2) Includes a statement indicating that frequency coordination as 
required in Sec. 78.18a was accomplished.

[45 FR 78694, Nov. 26, 1980, as amended at 49 FR 37779, Sept. 26, 1984; 
50 FR 7343, Feb. 22, 1985; 51 FR 19841, June 3, 1986; 56 FR 50664, Oct. 
8, 1991; 62 FR 4923, Feb. 3, 1997; 68 FR 12776, Mar. 17, 2003]



Sec. 78.106  Interference to geostationary-satellites.

    Applicants and licensees must comply with Sec. 101.145 of this 
chapter to minimize the potential of interference to geostationary-
satellites.

[68 FR 12776, Mar. 17, 2003]



Sec. 78.107  Equipment and installation.

    (a) Applications for new cable television relay stations, other than 
fixed stations, will not be accepted unless the equipment specified 
therein has been certified in accordance with subpart J of part 2 of 
this chapter. In the case of fixed stations, the equipment must be 
authorized under Supplier's Declaration of Conformity for use pursuant 
to the provisions of this subpart. Transmitters designed for use in the 
31.0 to 31.3 GHz band shall be authorized under Supplier's Declaration 
of Conformity.
    Note 1 to the introductory text to paragraph (a): The verification 
procedure has been replaced by Supplier's Declaration of Conformity. 
Equipment previously authorized under subpart J of part 2 of this 
chapter may remain in use. See Sec. 2.950 of this chapter.
    (1) All transmitters first licensed or marketed shall comply with 
technical standards of this subpart. This paragraph (b)(1) of this 
section is effective October 1, 1981.
    (2) Neither certification nor Supplier's Declaration of Conformity 
is required for the following transmitters:
    (i) Those which have an output power not greater than 250 mW and 
which are used in a CARS pickup station operating in the 12.7-13.2 GHz 
band; and
    (ii) Those used under a developmental authorization.
    (b) Cable television relay station transmitting equipment authorized 
to be used pursuant to an application accepted for filing prior to 
October 1,

[[Page 763]]

1981, may continue to be used, provided, that if operation of such 
equipment causes harmful interference due to its failure to comply with 
the technical standards set forth in this subpart the Commission may, at 
its discretion, require the licensee to take such corrective action as 
is necessary to eliminate the interference.
    (c) The installation of a CARS station shall be made by or under the 
immediate supervision of a qualified engineer. Any tests or adjustments 
requiring the radiation of signals and which could result in improper 
operation shall be conducted by or under the immediate supervision of a 
person with required knowledge and skill to perform such tasks.
    (d) Simple repairs such as the replacement of tubes, fuses, or other 
plug-in components which require no particular skill may be made by an 
unskilled person. Repairs requiring replacement of attached components 
or the adjustment of critical circuits or corroborative measurements 
shall be made only by a person with required knowledge and skill to 
perform such tasks.

[37 FR 3292, Feb. 12, 1972, as amended at 45 FR 78695, Nov. 26, 1980; 49 
FR 4001, Feb. 1, 1984; 49 FR 20672, May 16, 1984; 50 FR 7343, Feb. 22, 
1985; 63 FR 36606, July 7, 1998; 63 FR 49870, Sept. 18, 1998; 82 FR 
50837, Nov. 2, 2017]



Sec. 78.108  Minimum path lengths for fixed links.

    (a) The distance between end points of a fixed link must equal or 
exceed the value set forth in the table below or the EIRP must be 
reduced in accordance with the equation set forth below.

------------------------------------------------------------------------
           Frequency band (MHz)               Minimum path length (km)
------------------------------------------------------------------------
12,200 to 13,250..........................  5
Above 17,700..............................  N/A
------------------------------------------------------------------------

    (b) For paths shorter than those specified in the Table, the EIRP 
shall not exceed the value derived from the following equation.

EIRP = MAXEIRP - 40 log(A/B) dBW

Where:

EIRP = The new maximum EIRP (equivalent isotropically radiated power) in 
          dBW.
MAXEIRP = Maximum EIRP as set forth in the Table in Sec. 74.636 of this 
          part.
A = Minimum path length from the Table above for the frequency band in 
          kilometers.
B = The actual path length in kilometers.

    Note to paragraph (b): For transmitters using Automatic Transmitter 
Power Control, EIRP corresponds to the maximum transmitter power 
available, not the coordinated transmit power or the nominal transmit 
power.

    (c) Upon an appropriate technical showing, applicants and licensees 
unable to meet the minimum path length requirement may be granted an 
exception to these requirements.

    Note: Links authorized prior to April 1, 1987, are excluded from 
this requirement, except that, effective April 1, 1992, the Commission 
will require compliance with the criteria where an existing link would 
otherwise preclude establishment of a new link.

[52 FR 7145, Mar. 9, 1987, as amended at 68 FR 12776, Mar. 17, 2003]



Sec. 78.109  Major and minor modifications to stations.

    (a) Amendments to applications and modifications to stations are 
classified as major or minor. A major modification requires a formal 
application. A major amendment to an application is treated as a new 
application.
    (b) Major modifications to a station or amendments to an application 
include, but are not limited to:
    (1) Any increase in bandwidth;
    (2) Any change in the transmitting antenna system of a station, 
other than a CARS pickup station, including the direction of the main 
radiation lobe, directive pattern, antenna gain or transmission line, 
antenna height or location;
    (3) Any change in the type of modulation;
    (4) Any change in the location of a station transmitter, other than 
a CARS pickup station transmitter, except a move within the same 
building or upon the tower or mast or a change in the area of operation 
of a CARS pickup station;
    (5) Any change in frequency assignment, including polarization;
    (6) Any increase in authorized operating power;
    (7) Any substantial change in ownership or control;

[[Page 764]]

    (8) Any addition or change in frequency, excluding removing a 
frequency;
    (9) Any modification or amendment requiring an environmental 
assessment (as governed by Sec. Sec. 1.1301 through 1319 of this 
chapter, including changes affecting historic preservation under Sec. 
1.1307(a)(4) of this chapter and 16 U.S.C. 470 (National Historic 
Preservation Act));
    (10) Any request requiring frequency coordination; or
    (11) Any modification or amendment requiring notification to the 
Federal Aviation Administration as defined in 47 CFR 17, subpart B.
    (c) Minor changes may be made at the discretion of the licensee, 
provided proper notice is given to the Commission within 30 days of 
implementing the change and provided further, that the changes are 
appropriately reflected in the next application for renewal of the 
license for the station.
    (d) For applications and modifications, the following changes are 
considered minor:
    (1) Any name change not involving change in ownership or control of 
the license;
    (2) Any change to administrative information, e.g., address, 
telephone number, or contact person;
    (3) Any change in ownership that does not affect the identity or 
controlling interest of the licensee;
    (4) Lowering power;
    (5) Removing one or more channels; or
    (6) Deleting a path.

[68 FR 27004, May 19, 2003]



Sec. 78.111  Frequency tolerance.

    Stations in this service shall maintain the carrier frequency of 
each authorized transmitter to within the following percentage of the 
assigned frequency.

------------------------------------------------------------------------
                                                     Frequency tolerance
                                                   ---------------------
               Frequency band (MHz)                   Fixed      Mobile
                                                    (percent)  (percent)
------------------------------------------------------------------------
1,990 to 2,110....................................  .........      0.005
6,425 to 6,525....................................  .........      0.005
6,875 to 7,125....................................  .........      0.005
12,700 to 13,250 \1\..............................      0.005      0.005
17,700 to 18,820..................................      0.003  .........
18,820 to 18,920..................................      0.001  .........
18,920 to 19,700..................................      0.003  .........
------------------------------------------------------------------------
\1\ Stations that employing vestigal sideband AM transmissions shall
  maintain their operating frequency within 0.0005% the visual carrier,
  and the aural carrier shall be 4.5 MHz 1 kHz
  above the visual carrier frequency.


[52 FR 7145, Mar. 9, 1987, as amended at 68 FR 12776, Mar. 17, 2003]



Sec. 78.113  Frequency monitors and measurements.

    (a) The licensee of each CARS station shall employ a suitable 
procedure to determine that the carrier frequency of each transmitter is 
maintained within the tolerance prescribed in Sec. 78.111 at all times. 
The determination shall be made, and the results thereof entered in the 
station records: when a transmitter is initially installed; when any 
change is made in a transmitter which may affect the carrier frequency 
or the stability thereof; or in any case at intervals not exceeding one 
year.
    (b) The choice of apparatus to measure the operating frequency is 
left to the discretion of the licensee. However, failure of the 
apparatus to detect departures of the operating frequency in excess of 
the prescribed tolerance will not be deemed an acceptable excuse for the 
violation.

[37 FR 3292, Feb. 12, 1972, as amended at 41 FR 29696, July 19, 1976; 50 
FR 23422, June 4, 1985]



Sec. 78.115  Modulation limits.

    (a) If amplitude modulation is employed, negative modulation peaks 
shall not exceed 100 percent modulation.

[37 FR 3292, Feb. 12, 1972, as amended at 45 FR 78696, Nov. 26, 1980]



                    Sec. Alphabetical Index--Part 78

                               A
 
Antenna systems................................................   78.105
Applications--
    Acceptance of; public notice...............................    78.20
    Amendments of..............................................    78.17
    Contents of................................................    78.15
    Dismissal of...............................................    78.21
    Objections to..............................................    78.22
    Signing of.................................................    78.16
Assignment or transfer of control..............................    78.35
Authority, Temporary...........................................    78.33
Authorized bandwidth...........................................   78.104
 

[[Page 765]]

 
                               B
 
Bandwidth authorized...........................................   78.104
 
                               C
 
Certificated equipment.........................................   78.107
Changes in equipment...........................................   78.109
Conditions for license.........................................    78.27
Coordination, frequencies......................................    78.36
Cross reference to other rules.................................     78.3
 
                               D
 
Definitions....................................................     78.5
 
                               E
 
Eligibility for license........................................    78.13
Emission designator............................................   78.104
Emissions; emission limitations................................   78.103
Equal employment opportunities.................................    78.75
Equipment changes..............................................   78.109
Equipment installation.........................................   78.107
Equipment tests................................................    78.23
Extension of license, Temporary................................    78.31
 
                               F
 
Frequency assignments..........................................    78.18
Frequency coordination.........................................    78.36
Frequency monitors and measurements............................   78.113
Frequency tolerance............................................   78.111
 
                         G-H [Reserved]
 
                               I
 
Interference...................................................    78.19
Inspection of station by FCC...................................    78.57
Installation of equipment......................................   78.107
 
                         J-K [Reserved]
 
                               L
 
License conditions.............................................    78.27
License eligibility............................................    78.13
License extension, Temporary...................................    78.31
License period.................................................    78.29
Licenses, station and operator, Posting of.....................    78.59
Lighting and maintenance of towers.............................    78.63
Limitations, Power.............................................   78.101
Limits of modulation...........................................   78.115
 
                               M
 
Maintenance and lighting of towers.............................    78.63
Modulation limits..............................................   78.115
Monitors and Measurements, Frequency...........................   78.113
 
                          N [Reserved]
 
                               O
 
Operation by remote control....................................    78.51
Operation, Time of.............................................    78.55
Operation, Unattended..........................................    78.53
Operator and station licenses, Posting of......................    78.59
Operator requirements..........................................    78.61
 
                               P
 
Period of license..............................................    78.29
Permissible service............................................    78.11
Possession of rules............................................    78.67
Posting of operator and station licenses.......................    78.59
Power limitations..............................................   78.101
Purpose of Part 78.............................................     78.1
 
                          Q [Reserved]
 
                               R
 
Records of station.............................................    78.69
Remote control operation.......................................    78.51
Rules in other Parts...........................................     78.3
Rules, Possession of...........................................    78.67
 
                               S
 
Service, Permissible...........................................    78.11
Station and operator licenses, Posting of......................    78.59
Station inspection by FCC......................................    78.57
Station records................................................    78.69
 
                               T
 
Temporary authority............................................    78.33
Temporary extension of license.................................    78.31
Tests--
Equipment......................................................    78.23
Program........................................................    78.25
Service........................................................    78.25
Time of operation..............................................    78.55
Tolerance, Frequency...........................................   78.111
Towers, Lighting and maintenance...............................    78.63
Transfer of control or assignment..............................    78.35
 
                               U
 
Unattended operation...........................................    78.53
 
                         V-Z [Reserved]
 


[50 FR 38537, Sept. 23, 1985, as amended at 63 FR 36606, July 7, 1998]



PART 79_ACCESSIBILITY OF VIDEO PROGRAMMING--Table of Contents



     Subpart A_Video Programming Owners, Providers, and Distributors

Sec.
79.1 Closed captioning of televised video programming.
79.2 Accessibility of programming providing emergency information.
79.3 Audio description of video programming.
79.4 Closed captioning of video programming delivered using Internet 
          protocol.

                           Subpart B_Apparatus

79.100 Incorporation by reference.
79.101 Closed caption decoder requirements for analog television 
          receivers.
79.102 Closed caption decoder requirements for digital television 
          receivers and converter boxes.
79.103 Closed caption decoder requirements for apparatus.
79.104 Closed caption decoder requirements for recording devices.
79.105 Audio description and emergency information accessibility 
          requirements for all apparatus.
79.106 Audio description and emergency information accessibility 
          requirements for recording devices.
79.107 User interfaces provided by digital apparatus.
79.108 Video programming guides and menus provided by navigation 
          devices.
79.109 Activating accessibility features.
79.110 Complaint procedures for user interfaces, menus and guides, and 
          activating accessibility features on digital apparatus and 
          navigation devices.

    Authority: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310, 330, 
544a, 613, 617.

[[Page 766]]


    Source: 62 FR 48493, Sept. 16, 1997, unless otherwise noted.



     Subpart A_Video Programming Owners, Providers, and Distributors

    Source: 78 FR 77251, Dec. 20, 2013, unless otherwise noted.



Sec. 79.1  Closed captioning of televised video programming.

    (a) Definitions. For purposes of this section the following 
definitions shall apply:
    (1) Captioning vendor. Any entity that is responsible for providing 
captioning services to a video programmer.
    (2) Closed captioning, or captioning. The visual display of the 
audio portion of video programming pursuant to the technical 
specifications set forth in this part.
    (3) Live programming. Video programming that is shown on television 
substantially simultaneously with its performance.
    (4) Near-live programming. Video programming that is performed and 
recorded less than 24 hours prior to the time it is first aired on 
television.
    (5) New programming. Video programming that is first published or 
exhibited on or after January 1, 1998.
    (i) Analog video programming that is first published or exhibited on 
or after January 1, 1998.
    (ii) Digital video programming that is first published or exhibited 
on or after July 1, 2002.
    (6) Non-exempt programming. Video programming that is not exempt 
under paragraph (d) of this section and, accordingly, is subject to 
closed captioning requirements set forth in this section.
    (7) Prerecorded programming. Video programming that is not ``live'' 
or ``near-live''.
    (8) Pre-rule programming. (i) Analog video programming that was 
first published or exhibited before January 1, 1998.
    (ii) Digital video programming that was first published or exhibited 
before July 1, 2002.
    (9) Video programmer. Any entity that provides video programming 
that is intended for distribution to residential households including, 
but not limited to, broadcast or nonbroadcast television networks and 
the owners of such programming.
    (10) Video programming. Programming provided by, or generally 
considered comparable to programming provided by, a television broadcast 
station that is distributed and exhibited for residential use. Video 
programming includes advertisements of more than five minutes in 
duration but does not include advertisements of five minutes' duration 
or less.
    (11) Video programming distributor. Any television broadcast station 
licensed by the Commission and any multichannel video programming 
distributor as defined in Sec. 76.1000(e) of this chapter, and any 
other distributor of video programming for residential reception that 
delivers such programming directly to the home and is subject to the 
jurisdiction of the Commission. An entity contracting for program 
distribution over a video programming distributor that is itself exempt 
from captioning that programming pursuant to paragraph (e)(9) of this 
section shall itself be treated as a video programming distributor for 
purposes of this section. To the extent such video programming is not 
otherwise exempt from captioning, the entity that contracts for its 
distribution shall be required to comply with the closed captioning 
requirements of this section.
    (12) Video programming owner. Any person or entity that either:
    (i) Licenses video programming to a video programming distributor or 
provider that is intended for distribution to residential households; or
    (ii) Acts as the video programming distributor or provider and also 
possesses the right to license linear video programming to a video 
programming distributor or provider that is intended for distribution to 
residential households.
    (13) Video programming provider. Any video programming distributor 
and any other entity that provides video programming that is intended 
for distribution to residential households including, but not limited to 
broadcast or nonbroadcast television network and the owners of such 
programming.

[[Page 767]]

    (b) Requirements for closed captioning of video programming--(1) 
Requirements for new programming. (i) Video programming distributors 
must ensure that 100% of new, nonexempt English language and Spanish 
language video programming that is being distributed and exhibited on 
each channel during each calendar quarter is closed captioned.
    (ii) Video programmers must provide closed captioning for 100% of 
new, nonexempt English language and Spanish language video programming 
that is being distributed and exhibited on each channel during each 
calendar quarter.
    (2) Requirements for pre-rule programming. (i) Video programming 
distributors must ensure that 75% of pre-rule, nonexempt English 
language and Spanish language video programming that is being 
distributed and exhibited on each channel during each calendar quarter 
is closed captioned.
    (ii) Video programmers must provide closed captioning for 75% of 
pre-rule, nonexempt English language and Spanish video programming that 
is being distributed and exhibited on each channel during each calendar 
quarter.
    (3) Video programming distributors shall continue to provide 
captioned video programming at substantially the same level as the 
average level of captioning that they provided during the first six (6) 
months of 1997 even if that amount of captioning exceeds the 
requirements otherwise set forth in this section.
    (c) Obligation to pass through captions of already captioned 
programs; obligation to maintain equipment and monitor for captions. (1) 
All video programming distributors shall deliver all programming 
received from the video programmer containing closed captioning to 
receiving television households with the original closed captioning data 
intact in a format that can be recovered and displayed by decoders 
meeting the standards of this part unless such programming is 
recaptioned or the captions are reformatted by the programming 
distributor.
    (2) Video programming distributors shall take any steps needed to 
monitor and maintain their equipment and signal transmissions associated 
with the transmission and distribution of closed captioning to ensure 
that the captioning included with video programming reaches the consumer 
intact. In any enforcement proceeding involving equipment failure, the 
Commission will require video programming distributors to demonstrate 
that they have monitored their equipment and signal transmissions, have 
performed technical equipment checks, and have promptly undertaken 
repairs as needed to ensure that equipment is operational and in good 
working order.
    (3) Each video programming distributor shall maintain records of the 
video programming distributor's monitoring and maintenance activities, 
which shall include, without limitation, information about the video 
programming distributor's monitoring and maintenance of equipment and 
signal transmissions to ensure the pass through and delivery of closed 
captioning to viewers, and technical equipment checks and other 
activities to ensure that captioning equipment and other related 
equipment are maintained in good working order. Each video programming 
distributor shall maintain such records for a minimum of two years and 
shall submit such records to the Commission upon request.
    (d) Exempt programs and providers. For purposes of determining 
compliance with this section, any video programming or video programming 
provider that meets one or more of the following criteria shall be 
exempt to the extent specified in this paragraph.
    (1) Programming subject to contractual captioning restrictions. 
Video programming that is subject to a contract in effect on or before 
February 8, 1996, but not any extension or renewal of such contract, for 
which an obligation to provide closed captioning would constitute a 
breach of contract.
    (2) Video programming or video programming provider for which the 
captioning requirement has been waived. Any video programming or video 
programming provider for which the Commission has determined that a 
requirement for closed captioning is economically burdensome on the 
basis of a petition for exemption filed in accordance with the 
procedures specified in paragraph (f) of this section.

[[Page 768]]

    (3) Programming other than English or Spanish language. All 
programming for which the audio is in a language other than English or 
Spanish, except that scripted programming that can be captioned using 
the ``electronic news room'' technique is not exempt.
    (4) Primarily textual programming. Video programming or portions of 
video programming for which the content of the soundtrack is displayed 
visually through text or graphics (e.g., program schedule channels or 
community bulletin boards).
    (5) Programming distributed in the late night hours. Programming 
that is being distributed to residential households between 2 a.m. and 6 
a.m. local time. Video programming distributors providing a channel that 
consists of a service that is distributed and exhibited for viewing in 
more than a single time zone shall be exempt from closed captioning that 
service for any continuous 4 hour time period they may select, 
commencing not earlier than 12 a.m. local time and ending not later than 
7 a.m. local time in any location where that service is intended for 
viewing. This exemption is to be determined based on the primary 
reception locations and remains applicable even if the transmission is 
accessible and distributed or exhibited in other time zones on a 
secondary basis. Video programming distributors providing service 
outside of the 48 contiguous states may treat as exempt programming that 
is exempt under this paragraph when distributed in the contiguous 
states.
    (6) Interstitials, promotional announcements and public service 
announcements. Interstitial material, promotional announcements, and 
public service announcements that are 10 minutes or less in duration.
    (7) EBS programming. Video programming transmitted by an Educational 
Broadband Service licensee pursuant to part 27 of this chapter.
    (8) Locally produced and distributed non-news programming with no 
repeat value. Programming that is locally produced by the video 
programming distributor, has no repeat value, is of local public 
interest, is not news programming, and for which the ``electronic news 
room'' technique of captioning is unavailable.
    (9) Programming on new networks. Programming on a video programming 
network for the first four years after it begins operation, except that 
programming on a video programming network that was in operation less 
than four (4) years on January 1, 1998 is exempt until January 1, 2002.
    (10) Primarily non-vocal musical programming. Programming that 
consists primarily of non-vocal music.
    (11) Captioning expense in excess of 2 percent of gross revenues. No 
video programming provider shall be required to expend any money to 
caption any video programming if such expenditure would exceed 2 percent 
of the gross revenues received from that channel during the previous 
calendar year.
    (12) Channels/Streams producing revenues of under $3,000,000. No 
video programming provider shall be required to expend any money to 
caption any channel or stream of video programming producing annual 
gross revenues of less than $3,000,000 during the previous calendar year 
other than the obligation to pass through video programming closed 
captioned when received pursuant to paragraph (c) of this section. For 
the purposes of this paragraph, each programming stream on a multicast 
digital television channel shall be considered separately for purposes 
of the $3,000,000 revenue limit.
    (13) Locally produced educational programming. Instructional 
programming that is locally produced by public television stations for 
use in grades K-12 and post secondary schools.
    (e) Responsibility for and determination of compliance. (1) 
Compliance shall be calculated on a per channel, calendar quarter basis;
    (2) Open captioning or subtitles in the language of the target 
audience may be used in lieu of closed captioning;
    (3) The major national broadcast television networks (i.e., ABC, 
CBS, Fox and NBC), affiliates of these networks in the top 25 television 
markets as defined by Nielsen's Designated Market Areas (DMAs) and 
national nonbroadcast networks serving at least 50% of all homes 
subscribing to multichannel video programming services shall not

[[Page 769]]

count electronic newsroom captioned programming towards compliance with 
these rules. The live portions of noncommercial broadcasters' 
fundraising activities that use automated software to create a 
continuous captioned message will be considered captioned;
    (4) Compliance will be required with respect to the type of video 
programming generally distributed to residential households. Programming 
produced solely for closed circuit or private distribution is not 
covered by these rules;
    (5) Video programming that is exempt pursuant to paragraph (d) of 
this section that contains captions, except that video programming 
exempt pursuant to paragraph (d)(5) of this section (late night hours 
exemption), can count towards compliance with the requirements for pre-
rule programming.
    (6) For purposes of paragraph (d)(11) of this section, captioning 
expenses include direct expenditures for captioning as well as allowable 
costs specifically allocated by a video programmer through the price of 
the video programming to that video programming provider. To be an 
allowable allocated cost, a video programmer may not allocate more than 
100 percent of the costs of captioning to individual video programming 
providers. A video programmer may allocate the captioning costs only 
once and may use any commercially reasonable allocation method.
    (7) For purposes of paragraphs (d)(11) and (d)(12) of this section, 
annual gross revenues shall be calculated for each channel individually 
based on revenues received in the preceding calendar year from all 
sources related to the programming on that channel. Revenue for channels 
shared between network and local programming shall be separately 
calculated for network and for non-network programming, with neither the 
network nor the local video programming provider being required to spend 
more than 2 percent of its revenues for captioning. Thus, for example, 
compliance with respect to a network service distributed by a 
multichannel video service distributor, such as a cable operator, would 
be calculated based on the revenues received by the network itself (as 
would the related captioning expenditure). For local service providers 
such as broadcasters, advertising revenues from station-controlled 
inventory would be included. For cable operators providing local 
origination programming, the annual gross revenues received for each 
channel will be used to determine compliance. Evidence of compliance 
could include certification from the network supplier that the 
requirements of the test had been met. Multichannel video programming 
distributors, in calculating non-network revenues for a channel offered 
to subscribers as part of a multichannel package or tier, will not 
include a pro rata share of subscriber revenues, but will include all 
other revenues from the channel, including advertising and ancillary 
revenues. Revenues for channels supported by direct sales of products 
will include only the revenues from the product sales activity (e.g., 
sales commissions) and not the revenues from the actual products offered 
to subscribers. Evidence of compliance could include certification from 
the network supplier that the requirements of this test have been met.
    (8) If two or more networks (or sources of programming) share a 
single channel, that channel shall be considered to be in compliance if 
each of the sources of video programming are in compliance where they 
are carried on a full time basis;
    (9) Video programming distributors shall not be required to ensure 
the provision of closed captioning for video programming that is by law 
not subject to their editorial control, including but not limited to the 
signals of television broadcast stations distributed pursuant to 
sections 614 and 615 of the Communications Act or pursuant to the 
compulsory copyright licensing provisions of sections 111 and 119 of the 
Copyright Act (Title 17 U.S.C. 111 and 119); programming involving 
candidates for public office covered by sections 315 and 312 of the 
Communications Act and associated policies; commercial leased access, 
public access, governmental and educational access programming carried 
pursuant to sections 611 and 612 of the Communications Act; video 
programming distributed by direct broadcast satellite

[[Page 770]]

(DBS) services in compliance with the noncommercial programming 
requirement pursuant to section 335(b)(3) of the Communications Act to 
the extent such video programming is exempt from the editorial control 
of the video programming provider; and video programming distributed by 
a common carrier or that is distributed on an open video system pursuant 
to section 653 of the Communications Act by an entity other than the 
open video system operator. To the extent such video programming is not 
otherwise exempt from captioning, the entity that contracts for its 
distribution shall be required to comply with the closed captioning 
requirements of this section.
    (10) In evaluating whether a video programming provider has complied 
with the requirement that all new nonexempt video programming must 
include closed captioning, the Commission will consider showings that 
any lack of captioning was de minimis and reasonable under the 
circumstances.
    (11) Use of ``Electronic Newsroom Technique'' (ENT). (i) A broadcast 
station that uses ENT to provide closed captioning for live programming 
or programming originally transmitted live and that is not subject to 
the current prohibition on the use of ENT in paragraph (e)(3) of this 
section shall be deemed in compliance with the Commission's rules 
requiring captioning of live programming or programming originally 
transmitted live if it adheres to the following procedures in the 
ordinary course of business:
    (A) In-studio produced news, sports, weather, and entertainment 
programming will be scripted.
    (B) For weather interstitials where there may be multiple segments 
within a news program, weather information explaining the visual 
information on the screen and conveying forecast information will be 
scripted, although the scripts may not precisely track the words used on 
air.
    (C) Pre-produced programming will be scripted (to the extent 
technically feasible).
    (D) If live interviews or live on-the scene or breaking news 
segments are not scripted, stations will supplement them with crawls, 
textual information, or other means (to the extent technically 
feasible).
    (E) The station will provide training to all news staff on scripting 
for improving ENT.
    (F) The station will appoint an ``ENT Coordinator'' accountable for 
compliance.
    (ii) Nothing in this paragraph (e)(11) shall relieve a broadcast 
station of its obligations under Sec. 79.2 of this chapter regarding 
the accessibility of programming providing emergency information.
    (iii) Informal complaints. The Commission will forward an informal 
complaint regarding captioning to a broadcast station that utilizes ENT 
to provide captioning pursuant to the procedures set forth in paragraph 
(e)(11)(i) of this section only if the informal complaint contains the 
television channel number, network, or call sign, the name of the 
subscription service, if relevant, the date and time of the captioning 
problems, the name of the affected program, and a detailed and specific 
description of the captioning problems, including the frequency and type 
of problem.
    (iv) Compliance--(A) Initial response to pattern or trend of 
noncompliance. If the Commission notifies a broadcast station that the 
Commission has identified a pattern or trend of possible noncompliance 
by the station with this paragraph (e)(11), the station shall respond to 
the Commission within 30 days regarding such possible noncompliance, 
describing corrective measures taken, including those measures the 
station may have undertaken in response to informal complaints and 
inquiries from viewers.
    (B) Corrective action plan. If, after the date for a broadcast 
station to respond to a notification under paragraph (e)(11)(iv)(A) of 
this section, the Commission subsequently notifies the broadcast station 
that there is further evidence indicating a pattern or trend of 
noncompliance with this paragraph (e)(11), the broadcast station shall 
submit to the Commission, within 30 days of receiving such subsequent 
notification, an action plan describing specific

[[Page 771]]

measures it will take to bring the station's ENT performance into 
compliance with this paragraph (e)(11). In addition, the station shall 
be required to conduct spot checks of its ENT performance and report to 
the Commission on the results of such action plan and spot checks 180 
days after the submission of such action plan.
    (C) Continued evidence of a pattern or trend of noncompliance. If, 
after the date for submission of a report on the results of an action 
plan and spot checks pursuant to paragraph (e)(11)(iv)(B) of this 
section, the Commission finds continued evidence of a pattern or trend 
of noncompliance, additional enforcement actions may be taken, which may 
include admonishments, forfeitures, and other corrective actions, 
including, but not limited to, requiring the station to cease using ENT 
and to use real-time captioning for live programming.
    (v) Progress report. No later than one year after the effective date 
of this paragraph (e)(11), broadcast stations that adhere to the 
procedures set forth in paragraph (e)(11)(i) shall jointly prepare and 
submit to the Commission, in consultation with individuals who rely on 
captions to watch television and organizations representing such 
individuals, a report on their experiences with following such 
procedures, and the extent to which they have been successful in 
providing full and equal access to live programming.
    (f) Procedures for exemptions based on economically burdensome 
standard. (1) A video programming provider, video programming producer 
or video programming owner may petition the Commission for a full or 
partial exemption from the closed captioning requirements. Exemptions 
may be granted, in whole or in part, for a channel of video programming, 
a category or type of video programming, an individual video service, a 
specific video program or a video programming provider upon a finding 
that the closed captioning requirements will be economically burdensome.
    (2) A petition for an exemption must be supported by sufficient 
evidence to demonstrate that compliance with the requirements to closed 
caption video programming would be economically burdensome. The term 
``economically burdensome'' means significant difficulty or expense. 
Factors to be considered when determining whether the requirements for 
closed captioning are economically burdensome include:
    (i) The nature and cost of the closed captions for the programming;
    (ii) The impact on the operation of the provider or program owner;
    (iii) The financial resources of the provider or program owner; and
    (iv) The type of operations of the provider or program owner.
    (3) In addition to these factors, the petition shall describe any 
other factors the petitioner deems relevant to the Commission's final 
determination and any available alternatives that might constitute a 
reasonable substitute for the closed captioning requirements including, 
but not limited to, text or graphic display of the content of the audio 
portion of the programming. The extent to which the provision of closed 
captions is economically burdensome shall be evaluated with regard to 
the individual outlet.
    (4) A petition requesting an exemption based on the economically 
burdensome standard, and all subsequent pleadings, shall be filed 
electronically in accordance with Sec. 0.401(a)(1)(iii) of this 
chapter.
    (5) The Commission will place the petition on public notice.
    (6) Any interested person may file comments or oppositions to the 
petition within 30 days of the public notice of the petition. Within 20 
days of the close of the comment period, the petitioner may reply to any 
comments or oppositions filed.
    (7) Comments or oppositions to the petition shall be filed 
electronically and served on the petitioner and shall include a 
certification that the petitioner was served with a copy. Replies to 
comments or oppositions shall be filed electronically and served on the 
commenting or opposing party and shall include a certification that the 
commenting or opposing party was served with a copy. Comments or 
oppositions and replies may be served upon a party, its attorney, or 
other duly constituted agent by delivering or

[[Page 772]]

mailing a copy to the last known address in accordance with Sec. 1.47 
of this chapter or by sending a copy to the email address last provided 
by the party, its attorney, or other duly constituted agent.
    (8) Upon a showing of good cause, the Commission may lengthen or 
shorten any comment period and waive or establish other procedural 
requirements.
    (9) All petitions and responsive pleadings shall contain a detailed, 
full showing, supported by affidavit, of any facts or considerations 
relied on.
    (10) The Commission may deny or approve, in whole or in part, a 
petition for an economically burdensome exemption from the closed 
captioning requirements.
    (11) During the pendency of an economically burdensome 
determination, the video programming subject to the request for 
exemption shall be considered exempt from the closed captioning 
requirements.
    (g) Complaint procedures--(1) Filing closed captioning complaints. 
Complaints concerning an alleged violation of the closed captioning 
requirements of this section shall be filed with the Commission or with 
the video programming distributor responsible for delivery and 
exhibition of the video programming within sixty (60) days after the 
problem with captioning.
    (2) Complaints filed with the Commission. A complaint filed with the 
Commission must be in writing, must state with specificity the alleged 
Commission rule violated, and must include:
    (i) The consumer's name, postal address, and other contact 
information, if available, such as telephone number or email address, 
along with the consumer's preferred format or method of response to the 
complaint (such as letter, facsimile transmission, telephone (voice/TRS/
TTY), email, or some other method that would best accommodate the 
consumer.
    (ii) The channel number; channel name, network, or call sign; the 
name of the multichannel video program distributor, if applicable; the 
date and time when the captioning problem occurred; the name of the 
program with the captioning problem; and a detailed description of the 
captioning problem, including specific information about the frequency 
and type of problem.
    (3) Process for forwarding complaints. The Commission will forward 
complaints filed first with the Commission to the appropriate video 
programming distributor and video programmer. If the Commission cannot 
determine the appropriate video programmer, the Commission will forward 
the complaint to the video programming distributor and notify the video 
programming distributor of the Commission's inability to determine the 
appropriate video programmer. The video programming distributor must 
respond in writing to the Commission with the name and contact 
information for the appropriate video programmer within ten (10) days 
after the date of such notification. The Commission will then forward 
the complaint to the appropriate video programmer.
    (4) Video programming distributor and video programmer 
responsibilities with respect to complaints forwarded by the Commission. 
(i) In response to a complaint, the video programming distributor must 
conduct an investigation to identify the source of the captioning 
problem and resolve all aspects of the captioning problem that are 
within its control. At a minimum, a video programming distributor must 
perform the following actions as part of its investigation:
    (A) Program stream check. The video programming distributor must 
capture program streams, defined as digitally encoded elementary streams 
such as video, audio, closed captioning, timing, and other data 
necessary for a viewer to receive a complete television viewing 
experience, of the programming network identified in the complaint and 
check the program streams for any caption-related impairments;
    (B) Processing equipment check. If the video programming 
distributor's investigation indicates a problem with the program stream, 
and there is not prior knowledge as to where the problem originated, the 
video programming distributor must check post-processing equipment at 
the relevant headend or other video distribution facility to see if the 
issue was introduced by the video programming distributor or was present 
in the program stream when

[[Page 773]]

received by the video programming distributor from the video programmer; 
and
    (C) Consumer premises check. If the video programming distributor's 
investigation indicates that the problem may lie with the consumer's 
customer premises equipment, including the set-top box, the video 
programming distributor must check the end user equipment, either 
remotely or, if necessary, at the consumer's premises, to ensure there 
are no issues that might interfere with the pass through, rendering, or 
display of closed captioning.
    (ii) After conducting its investigation, the video programming 
distributor shall provide a response to the complaint in writing to the 
Commission, the appropriate video programmer, and the complainant within 
thirty (30) days after the date the Commission forwarded the complaint. 
The video programming distributor's response must:
    (A) Acknowledge responsibility for the closed captioning problem and 
describe the steps taken to resolve the problem; or
    (B) Certify that the video programming distributor has conducted an 
investigation into the closed captioning problems in accordance with 
paragraph (g)(4)(i) of this section and that the closed captioning 
problem is not within the video programming distributor's control and 
appears to have been present in the program steam when received by the 
video programming distributor; or
    (C) Certify that the video programming distributor has conducted an 
investigation into the closed captioning problems in accordance with 
paragraph (g)(4)(i) of this section and that the closed captioning 
problem appears to have been caused by a third party DVR, television, or 
other third party device not within the video programming distributor's 
control.
    (iii) If the video programming distributor provides a certification 
in accordance with paragraph (g)(4)(ii)(B) of this section, the video 
programmer to whom the complaint was referred must conduct an 
investigation to identify the source of the captioning problem and 
resolve all aspects of the captioning problem that are within its 
control.
    (A) The video programmer may call upon the video programming 
distributor for assistance as needed, and the video programming 
distributor must provide assistance to the video programmer in resolving 
the complaint, as needed.
    (B) After conducting its investigation, the video programmer must 
provide a response to the complaint in writing to the Commission, the 
appropriate video programming distributor, and the complainant within 
thirty (30) days after the date of the video programming distributor's 
certification. Such response either must describe the steps taken by the 
video programmer to correct the captioning problem or certify that the 
video programmer has conducted an investigation into the closed 
captioning problems in accordance with paragraph (g)(4)(iii) of this 
section and that the captioning problem was not within its control, for 
example, because the program stream was not subject to the closed 
captioning problem at the time the program stream was handed off to the 
video programming distributor.
    (C) If the video programmer certifies pursuant paragraph 
(g)(4)(iii)(B) of this section that the captioning problem was not 
within its control, and it has not been determined by either the video 
programmer or the video programming distributor that the problem was 
caused by a third party device or other causes that appear not to be 
within the control of either the video programming distributor or the 
video programmer, the video programming distributor and video programmer 
shall work together to determine the source of the captioning problem. 
Once the source of the captioning problem is determined, the video 
programming distributor and video programmer shall each correct those 
aspects of the captioning problem that are within its respective 
control. Within thirty (30) days after the date of the video 
programmer's certification provided pursuant to paragraph (g)(4)(iii)(B) 
of this section, the video programming distributor, after consulting 
with the

[[Page 774]]

video programmer, shall report in writing to the Commission and the 
complainant on the steps taken to correct the captioning problem.
    (5) Complaints filed with video programming distributors. (i) If a 
complaint is first filed with the video programming distributor, the 
video programming distributor must respond in writing to the complainant 
with thirty (30) days after the date of the complaint. The video 
programming distributor's response must either:
    (A) Acknowledge responsibility for the closed captioning problem and 
describe to the complainant the steps taken to resolve the problem; or
    (B) Inform the complainant that it has referred the complaint to the 
appropriate video programmer or other responsible entity and provide the 
name and contact information of the video programmer or other 
responsible entity and the unique complaint identification number 
assigned to the complaint pursuant to paragraph (g)(5)(ii)(B) of this 
section; or
    (C) Inform the complainant that the closed captioning problem 
appears to have been caused by a third party DVR, television, or other 
third party device not within the video programming distributor's 
control.
    (ii) If the video programming distributor determines that the issue 
raised in the complaint was not within the video programming 
distributor's control and was not caused by a third party device, the 
video programming distributor must forward the complaint and the results 
of its investigation of the complaint to the appropriate video 
programmer or other responsible entity within thirty (30) days after the 
date of the complaint.
    (A) The video programming distributor must either forward the 
complaint with the complainant's name, contact information and other 
identifying information redacted or provide the video programmer or 
other responsible entity with sufficient information contained in the 
complaint to achieve the complaint's investigation and resolution.
    (B) The video programming distributor must assign a unique complaint 
identification number to the complaint and transmit that number to the 
video programmer with the complaint.
    (iii) If a video programming distributor forwards a complaint to a 
video programmer or other responsible entity pursuant to paragraph 
(g)(5)(ii) of this section, the video programmer or other responsible 
entity must respond to the video programming distributor in writing in a 
form that can be forwarded to the complainant within thirty (30) days 
after the forwarding date of the complaint.
    (A) The video programming distributor must forward the video 
programmer's or other responsible entity's response to the complainant 
within ten (10) days after the date of the response.
    (B) If the video programmer or other responsible entity does not 
respond to the video programming distributor within thirty (30) days 
after the forwarding date of the complaint, the video programming 
distributor must inform the complainant of the video programmer's or 
other responsible entity's failure to respond within forty (40) days 
after the forwarding date of the complaint.
    (iv) If a video programming distributor fails to respond to the 
complainant as required by paragraphs (g)(5)(i) of this section, or if 
the response received by the complainant does not satisfy the 
complainant, the complainant may file the complaint with the Commission 
within sixty (60) days after the time allotted for the video programming 
distributor to respond to the complainant. The Commission will forward 
such complaint to the video programming distributor and video 
programmer, and the video programming distributor and video programmer 
shall address such complaint as specified in paragraph (g)(4) of this 
section.
    (v) If a video programmer or other responsible entity fails to 
respond to the video programming distributor as required by paragraph 
(g)(5)(iii) of this section, or if a video programming distributor fails 
to respond to the complainant as required by paragraph (g)(5)(iii)(A) or 
(B) of this section, or if the response from the video programmer or 
other responsible entity forwarded by the video programming distributor 
to the complainant does

[[Page 775]]

not satisfy the complainant, the complainant may file the complaint with 
the Commission within sixty (60) days after the time allotted for the 
video programming distributor to respond to the complainant pursuant to 
paragraph (g)(5)(iii)(A) or (B) of this section. The Commission will 
forward such complaints to the appropriate video programming distributor 
and video programmer, and the video programming distributor and video 
programmer shall handle such complaints as specified in paragraph (g)(4) 
of this section.
    (6) Provision of documents and records. In response to a complaint, 
a video programming distributor or video programmer is obligated to 
provide the Commission with sufficient records and documentation to 
demonstrate that it is in compliance with the Commission's rules.
    (7) Reliance on certifications. Video programming distributors may 
rely on certifications from video programmers made in accordance with 
paragraph (m) of this section to demonstrate compliance with paragraphs 
(b)(1)(i) and (b)(2)(i) of this section. Video programming distributors 
shall not be held responsible for situations where a video programmer 
falsely certifies under paragraph (m) of this section unless the video 
programming distributor knows or should have known that the 
certification is false.
    (8) Commission review of complaints. The Commission will review 
complaints filed with the Commission, including all supporting evidence, 
and determine whether a violation has occurred. The Commission will, as 
needed, request additional information from the video programming 
distributor or video programmer.
    (9) Compliance--(i) Initial response to a pattern or trend of 
noncompliance. If the Commission notifies a video programming 
distributor or video programmer of a pattern or trend of possible 
noncompliance with the Commission's rules for the quality of closed 
captioning by the video programming distributor or video programmer, the 
video programming distributor or video programmer shall respond to the 
Commission within thirty (30) days after the Commission's notice of such 
possible noncompliance, describing corrective measures taken, including 
those measures the video programming distributor or video programmer may 
have undertaken in response to informal complaints and inquiries from 
viewers.
    (ii) Corrective action plan. If, after the date for a video 
programming distributor or video programmer to respond to a notification 
under paragraph (g)(9)(i) of this section, the Commission subsequently 
notifies the video programming distributor or video programmer that 
there is further evidence indicating a pattern or trend of noncompliance 
with the Commission's rules for quality of closed captioning, the video 
programming distributor or video programmer shall submit to the 
Commission, within thirty (30) days after the date of such subsequent 
notification, a written action plan describing specific measures it will 
take to bring the video programming distributor's or video programmer's 
closed captioning performance into compliance with the Commission's 
closed captioning quality rules. In addition, the video programming 
distributor or video programmer shall conduct spot checks of its closed 
captioning quality performance and report to the Commission on the 
results of such action plan and spot checks 180 days after the 
submission of such action plan.
    (iii) Continued evidence of a pattern or trend of noncompliance. If, 
after the date for submission of a report on the results of an action 
plan and spot checks pursuant to paragraph (g)(9)(ii) of this section, 
the Commission finds continued evidence of a pattern or trend of 
noncompliance, additional enforcement actions may be taken, which may 
include admonishments, forfeitures, and other corrective actions.
    (iv) Enforcement action. The Commission may take enforcement action, 
which may include admonishments, forfeitures, and other corrective 
actions, without providing a video programming distributor or video 
programmer the opportunity for an initial response to a pattern or trend 
of noncompliance or a corrective action plan, or both, under paragraphs 
(g)(9)(i) and (ii) of this section, for a systemic closed captioning 
quality problem or an intentional and deliberate violation

[[Page 776]]

of the Commission's rules for the quality of closed captioning.
    (h) Private rights of action prohibited. Nothing in this section 
shall be construed to authorize any private right of action to enforce 
any requirement of this section. The Commission shall have exclusive 
jurisdiction with respect to any complaint under this section.
    (i) Contact information. (1) Receipt and handling of immediate 
concerns. Video programming distributors shall make publicly available 
contact information for the receipt and handling of immediate closed 
captioning concerns raised by consumers while they are watching a 
program. Video programming distributors must designate a telephone 
number, fax number (if the video programming distributor has a fax 
number), and email address for purposes of receiving and responding 
immediately to any closed captioning concerns. Video programming 
distributors shall include this information on their Web sites (if they 
have a Web site), in telephone directories, and in billing statements 
(to the extent the distributor issues billing statements). Video 
programming distributors shall keep this information current and update 
it to reflect any changes within ten (10) business days for Web sites, 
by the next billing cycle for billing statements, and by the next 
publication of directories. Video programming distributors shall ensure 
that any staff reachable through this contact information has the 
capability to immediately respond to and address consumers' concerns. To 
the extent that a distributor has personnel available, either on site or 
remotely, to address any technical problems that may arise, consumers 
using this dedicated contact information must be able to reach someone, 
either directly or indirectly, who can address the consumer's captioning 
concerns. This provision does not require that distributors alter their 
hours of operation or the hours during which they have staffing 
available; at the same time, however, where staff is available to 
address technical issues that may arise during the course of 
transmitting programming, they also must be knowledgeable about and be 
able to address closed captioning concerns. In situations where a video 
programming distributor is not immediately available, any calls or 
inquiries received, using this dedicated contact information, should be 
returned or otherwise addressed within 24 hours. In those situations 
where the captioning problem does not reside with the video programming 
distributor, the staff person receiving the inquiry shall refer the 
matter appropriately for resolution.
    (2) Complaints. Video programming distributors shall make contact 
information publicly available for the receipt and handling of written 
closed captioning complaints that do not raise the type of immediate 
issues that are addressed in paragraph (i)(1) of this section. The 
contact information required for written complaints shall include the 
name of a person with primary responsibility for captioning issues and 
who can ensure compliance with the Commission's rules. In addition, this 
contact information shall include the person's title or office, 
telephone number, fax number (if the video programming distributor has a 
fax number), postal mailing address, and email address. Video 
programming distributors shall include this information on their Web 
sites (if they have a Web site), in telephone directories, and in 
billing statements (to the extent the distributor issues billing 
statements). Video programming distributors shall keep this information 
current and update it within ten (10) business days for Web sites, by 
the next billing cycle for billing statements, and by the next 
publication of directories.
    (3) Providing contact information to the Commission. (i) Prior to 
the compliance date of paragraph (m) of this section, video programming 
distributors shall file the contact information described in this 
section with the Commission in one of the following ways: through a web 
form located on the FCC website; with the Chief of the Disability Rights 
Office, Consumer and Governmental Affairs Bureau; or by sending an email 
to [email protected]. Contact information shall be available 
to consumers on the FCC website or by telephone inquiry to the 
Commission's Consumer Center. Distributors shall notify the Commission 
each time there

[[Page 777]]

is a change in any of this required information within 10 business days.
    (ii) As of the compliance date of paragraph (m) of this section, 
video programming distributors and video programmers shall file contact 
information with the Commission through a web form located on the 
Commission's website. Such contact information shall include the name of 
a person with primary responsibility for captioning issues and ensuring 
compliance with the Commission's rules. In addition, such contact 
information shall include the person's title or office, telephone 
number, fax number (if the video programming distributor or video 
programmer has a fax number), postal mailing address, and email address. 
Contact information shall be available to consumers on the Commission's 
website or by telephone inquiry to the Commission's Consumer Center. 
Video programming distributors and video programmers shall notify the 
Commission each time there is a change in any of this required 
information within ten (10) business days.
    (j) Captioning quality obligation; standards. (1)(i) Prior to the 
compliance date of paragraph (m) of this section, a video programming 
distributor shall exercise best efforts to obtain a certification from 
each video programmer from which the distributor obtains programming 
stating:
    (A) That the video programmer's programming satisfies the caption 
quality standards of paragraph (j)(2) of this section;
    (B) That in the ordinary course of business, the video programmer 
has adopted and follows the Best Practices set forth in paragraph (k)(1) 
of this section; or
    (C) That the video programmer is exempt from the closed captioning 
rules under one or more properly attained exemptions.
    (ii) For programmers certifying exemption from the closed captioning 
rules, the video programming distributor must obtain a certification 
from the programmer that specifies the exact exemption that the 
programmer is claiming. Video programming distributors may satisfy their 
best efforts obligation by locating a programmer's certification on the 
programmer's website or other widely available locations used for the 
purpose of posting widely available certifications. If a video 
programming distributor is unable to locate such certification on the 
programmer's website or other widely available location used for the 
purpose of posting such certification, the video programming distributor 
must inform the video programmer in writing that it must make widely 
available such certification within 30 days after receiving the written 
request. If a video programmer does not make such certification widely 
available within 30 days after receiving a written request, the video 
programming distributor shall promptly submit a report to the Commission 
identifying such non-certifying video programmer for the purpose of 
being placed in a publicly available database. A video programming 
distributor that meets each of the requirements of this paragraph shall 
not be liable for violations of paragraphs (j)(2) and (3) of this 
section to the extent that any such violations are outside the control 
of the video programming distributor. Compliance with this paragraph 
(j)(1) shall not be required as of the compliance date of paragraph (m) 
of this section. The Commission will publish a document in the Federal 
Register announcing that compliance date and revising this paragraph 
accordingly.
    (2) Captioning quality standards. Closed captioning shall convey the 
aural content of video programming in the original language (i.e. 
English or Spanish) to individuals who are deaf and hard of hearing to 
the same extent that the audio track conveys such content to individuals 
who are able to hear. Captioning shall be accurate, synchronous, 
complete, and appropriately placed as those terms are defined herein.
    (i) Accuracy. Captioning shall match the spoken words (or song 
lyrics when provided on the audio track) in their original language 
(English or Spanish), in the order spoken, without substituting words 
for proper names and places, and without paraphrasing, except to the 
extent that paraphrasing is necessary to resolve any time constraints. 
Captions shall contain proper spelling (including appropriate

[[Page 778]]

homophones), appropriate punctuation and capitalization, correct tense 
and use of singular or plural forms, and accurate representation of 
numbers with appropriate symbols or words. If slang or grammatical 
errors are intentionally used in a program's dialogue, they shall be 
mirrored in the captions. Captioning shall provide nonverbal information 
that is not observable, such as the identity of speakers, the existence 
of music (whether or not there are also lyrics to be captioned), sound 
effects, and audience reaction, to the greatest extent possible, given 
the nature of the program. Captions shall be legible, with appropriate 
spacing between words for readability.
    (ii) Synchronicity. Captioning shall coincide with the corresponding 
spoken words and sounds to the greatest extent possible, given the type 
of the programming. Captions shall begin to appear at the time that the 
corresponding speech or sounds begin and end approximately when the 
speech or sounds end. Captions shall be displayed on the screen at a 
speed that permits them to be read by viewers.
    (iii) Completeness. Captioning shall run from the beginning to the 
end of the program, to the fullest extent possible.
    (iv) Placement. Captioning shall be viewable and shall not block 
other important visual content on the screen, including, but not limited 
to, character faces, featured text (e.g., weather or other news updates, 
graphics and credits), and other information that is essential to 
understanding a program's content when the closed captioning feature is 
activated. Caption font shall be sized appropriately for legibility. 
Lines of caption shall not overlap one another and captions shall be 
adequately positioned so that they do not run off the edge of the video 
screen.
    (3) Application of captioning quality standards. Video Programmers 
shall ensure that captioning meet the standards of paragraph (j)(2) of 
this section for accuracy, synchronicity, completeness and placement, 
except for de minimis captioning errors. In determining whether a 
captioning error is de minimis, the Commission will consider the 
particular circumstances presented, including the type of failure, the 
reason for the failure, whether the failure was one-time or continuing, 
the degree to which the program was understandable despite the errors, 
and the time frame within which corrective action was taken to prevent 
such failures from recurring. When applying such standards to live and 
near-live programming, the Commission will also take into account, on a 
case-by-case basis, the following factors:
    (i) Accuracy. The overall accuracy or understandability of the 
programming, the ability of the captions to convey the aural content of 
the program in a manner equivalent to the aural track, and the extent to 
which the captioning errors prevented viewers from having access to the 
programming.
    (ii) Synchronicity. The extent to which measures have been taken, to 
the extent technically feasible, to keep any delay in the presentation 
of captions to a minimum, consistent with an accurate presentation of 
what is being said, so that the time between when words are spoken or 
sounds occur and captions appear does not interfere with the ability of 
viewers to follow the program.
    (iii) Completeness. The delays inherent in sending captioning 
transmissions on live programs, and whether steps have been taken, to 
the extent technically feasible, to minimize the lag between the time a 
program's audio is heard and the time that captions appear, so that 
captions are not cut off when the program transitions to a commercial or 
a subsequent program.
    (iv) Placement. The type and nature of the programming and its 
susceptibility to unintentional blocking by captions.
    (k) Captioning Best Practices--(1) Video Programmer Best Practices. 
Video programmers adopting Best Practices will adhere to the following 
practices.
    (i) Agreements with captioning services. Video programmers adopting 
Best Practices will take the following actions to promote the provision 
of high quality television closed captions through new or renewed 
agreements with captioning vendors.
    (A) Performance requirements. Include performance requirements 
designed to promote the creation of high quality closed captions for 
video programming,

[[Page 779]]

comparable to those described in paragraphs (k)(2), (k)(3) and (k)(4) of 
this section.
    (B) Verification. Include a means of verifying compliance with such 
performance requirements, such as through periodic spot checks of 
captioned programming.
    (C) Training. Include provisions designed to ensure that captioning 
vendors' employees and contractors who provide caption services have 
received appropriate training and that there is oversight of individual 
captioners' performance.
    (ii) Operational Best Practices. Video programmers adopting Best 
Practices will take the following actions to promote delivery of high 
quality television captions through improved operations.
    (A) Preparation materials. To the extent available, provide 
captioning vendors with advance access to preparation materials such as 
show scripts, lists of proper names (people and places), and song lyrics 
used in the program, as well as to any dress rehearsal or rundown that 
is available and relevant.
    (B) Quality audio. Make commercially reasonable efforts to provide 
captioning vendors with access to a high quality program audio signal to 
promote accurate transcription and minimize latency.
    (C) Captioning for prerecorded programming. (1) The presumption is 
that pre-recorded programs, excluding programs that initially aired with 
real-time captions, will be captioned offline before air except when, in 
the exercise of a programmer's commercially reasonable judgment, 
circumstances require real-time or live display captioning. Examples of 
commercially reasonable exceptions may include instances when:
    (i) A programmer's production is completed too close to initial air 
time be captioned offline or may require editorial changes up to air 
time (e.g., news content, reality shows),
    (ii) A program is delivered late,
    (iii) There are technical problems with the caption file,
    (iv) Last minute changes must be made to later network feeds (e.g., 
when shown in a later time zone) due to unforeseen circumstances,
    (v) There are proprietary or confidentiality considerations, or
    (vi) Video programming networks or channels with a high proportion 
of live or topical time-sensitive programming, but also some pre-
recorded programs, use real-time captioning for all content (including 
pre-recorded programs) to allow for immediate captioning of events or 
breaking news stories that interrupt scheduled programming.
    (2) The video programmer will make reasonable efforts to employ live 
display captioning instead of real-time captioning for prerecorded 
programs if the complete program can be delivered to the caption service 
provider in sufficient time prior to airing.
    (iii) Monitoring and Remedial Best Practices. Video programmers 
adopting Best Practices will take the following actions aimed at 
improving prompt identification and remediation of captioning errors 
when they occur.
    (A) Pre-air monitoring of offline captions. As part of the overall 
pre-air quality control process for television programs, conduct 
periodic checks of offline captions on prerecorded programs to determine 
the presence of captions.
    (B) Real-time monitoring of captions. Monitor television program 
streams at point of origination (e.g., monitors located at the network 
master control point or electronic monitoring) to determine presence of 
captions.
    (C) Programmer and captioning vendor contacts. Provide to captioning 
vendors appropriate staff contacts who can assist in resolving 
captioning issues. Make captioning vendor contact information readily 
available in master control or other centralized location, and contact 
captioning vendor promptly if there is a caption loss or obvious 
compromise of captions.
    (D) Recording of captioning issues. Maintain a log of reported 
captioning issues, including date, time of day, program title, and 
description of the issue. Beginning one year after the effective date of 
the captioning quality standards, such log should reflect reported 
captioning issues from the prior year.
    (E) Troubleshooting protocol. Develop procedures for troubleshooting 
consumer captioning complaints within

[[Page 780]]

the distribution chain, including identifying relevant points of 
contact, and work to promptly resolve captioning issues, if possible.
    (F) Accuracy spot checks. Within 30 days following notification of a 
pattern or trend of complaints from the Commission, conduct spot checks 
of television program captions to assess caption quality and address any 
ongoing concerns.
    (iv) Certification procedures for video programmers. Video 
programmers adopting Best Practices will take one of the following 
actions to certify that they adhere to Best Practices for video 
programmers.
    (A) Prior to the compliance date of paragraph (m) of this section, 
video programmers adopting Best Practices will certify to video 
programming distributors that they adhere to Best Practices for video 
programmers and will make such certifications widely available to video 
programming distributors, for example, by posting on affiliate websites.
    (B) As of the compliance date of paragraph (m) of this section, 
video programmers adopting Best Practices will certify to the Commission 
that they adhere to Best Practices for video programmers, in accordance 
with paragraph (m) of this section.
    (2) Real-Time (Live) Captioning Vendors Best Practices. (i) Create 
and use metrics to assess accuracy, synchronicity, completeness, and 
placement of real-time captions.
    (ii) Establish minimum acceptable standards based upon those metrics 
while striving to regularly exceed those minimum standards.
    (iii) Perform frequent and regular evaluations and sample audits to 
ensure those standards are maintained.
    (iv) Consider ``accuracy'' of captions to be a measurement of the 
percentage of correct words out of total words in the program, 
calculated by subtracting number of errors from total number of words in 
the program, dividing that number by total number of words in the 
program and converting that number to a percentage. For example, 7,000 
total words in the program minus 70 errors equals 6,930 correct words 
captioned, divided by 7,000 total words in the program equals 0.99 or 
99% accuracy.
    (v) Consider, at a minimum, mistranslated words, incorrect words, 
misspelled words, missing words, and incorrect punctuation that impedes 
comprehension and misinformation as errors.
    (A) Captions are written in a near-as-verbatim style as possible, 
minimizing paraphrasing.
    (B) The intended message of the spoken dialogue is conveyed in the 
associated captions in a clear and comprehensive manner.
    (C) Music lyrics should accompany artist performances.
    (vi) Consider synchronicity of captions to be a measurement of lag 
between the spoken word supplied by the program origination point and 
when captions are received at the same program origination point.
    (vii) Ensure placement of captions on screen to avoid obscuring on-
screen information and graphics (e.g., sports coverage).
    (viii) Ensure proper screening, training, supervision, and 
evaluation of captioners by experienced and qualified real-time 
captioning experts.
    (ix) Ensure there is an infrastructure that provides technical and 
other support to video programmers and captioners at all times.
    (x) Ensure that captioners are qualified for the type and difficulty 
level of the programs to which they are assigned.
    (xi) Utilize a system that verifies captioners are prepared and in 
position prior to a scheduled assignment.
    (xii) Ensure that technical systems are functional and allow for 
fastest possible delivery of caption data and that failover systems are 
in place to prevent service interruptions.
    (xiii) Regularly review discrepancy reports in order to correct 
issues and avoid future issues.
    (xiv) Respond in a timely manner to concerns raised by video 
programmers or viewers.
    (xv) Alert video programmers immediately if a technical issue needs 
to be addressed on their end.
    (xvi) Inform video programmers of appropriate use of real-time 
captioning

[[Page 781]]

(i.e., for live and near-live programming, and not for prerecorded 
programming) and what is necessary to produce quality captions, 
including technical requirements and the need for preparatory materials.
    (xvii) For better coordination for ensuring high quality captions 
and for addressing problems as they arise, understand the roles and 
responsibilities of other stakeholders in the closed-captioning process, 
including broadcasters, producers, equipment manufacturers, regulators, 
and viewers, and keep abreast of issues and developments in those 
sectors.
    (xviii) Ensure that all contracted captioners adhere to the Real-
Time Captioners Best Practices contained in paragraph (k)(3) of this 
section.
    (3) Real-Time Captioners Best Practices. (i) Caption as accurately, 
synchronously, completely, and appropriately placed as possible, given 
the nature of the programming.
    (ii) Ensure they are equipped with a failover plan to minimize 
caption interruption due to captioner or equipment malfunction.
    (iii) Be equipped with reliable, high speed Internet.
    (iv) Be equipped with multiple telephone lines.
    (v) Prepare as thoroughly as possible for each program.
    (vi) File thorough discrepancy reports with the captioning vendor in 
a timely manner.
    (vii) To the extent possible given the circumstances of the program, 
ensure that real-time captions are complete when the program ends.
    (viii) Engage the command that allows captions to pass at 
commercials and conclusion of broadcasts.
    (ix) Monitor captions to allow for immediate correction of errors 
and prevention of similar errors appearing or repeating in captions.
    (x) Perform frequent and regular self-evaluations.
    (xi) Perform regular dictionary maintenance.
    (xii) Keep captioning equipment in good working order and update 
software and equipment as needed.
    (xiii) Possess the technical skills to troubleshoot technical 
issues.
    (xiv) Keep abreast of current events and topics that they caption.
    (4) Offline (Prerecorded) Captioning Vendors Best Practices. (i) 
Ensure offline captions are verbatim.
    (ii) Ensure offline captions are error-free.
    (iii) Ensure offline captions are punctuated correctly and in a 
manner that facilitates comprehension.
    (iv) Ensure offline captions are synchronized with the audio of the 
program.
    (v) Ensure offline captions are displayed with enough time to be 
read completely and that they do not obscure the visual content.
    (vi) [Reserved]
    (vii) Ensure offline captioning is a complete textual representation 
of the audio, including speaker identification and non-speech 
information.
    (viii) Create or designate a manual of style to be applied in an 
effort to achieve uniformity in presentation.
    (ix) Employ frequent and regular evaluations to ensure standards are 
maintained.
    (x) Inform video programmers of appropriate uses of real-time and 
offline captioning and strive to provide offline captioning for 
prerecorded programming.
    (A) Encourage use of offline captioning for live and near-live 
programming that originally aired on television and re-feeds at a later 
time.
    (B) Encourage use of offline captioning for all original and library 
prerecorded programming completed well in advance of its distribution on 
television.
    (xi) For better coordination for ensuring high quality captions and 
for addressing problems as they arise, understand the roles and 
responsibilities of other stakeholders in the closed-captioning process, 
including video program distributors, video programmers, producers, 
equipment manufacturers, regulators, and viewers, and keep abreast of 
issues and developments in those sectors.
    (l) [Reserved]
    (m) Video programmer certification. (1) On or before the compliance 
date, or

[[Page 782]]

prior to the first time a video programmer that has not previously 
provided video programming shown on television provides video 
programming for television for the first time, whichever is later, and 
on or before July 1 of each year thereafter, each video programmer shall 
submit a certification to the Commission through a web form located on 
the Commission's website stating that:
    (i) The video programmer provides closed captioning for its programs 
in compliance with the Commission's rules; and
    (ii) The video programmers' programs either satisfy the caption 
quality standards of paragraph (j)(2) of this section; or in the 
ordinary course of business, the video programmer has adopted and 
follows the Best Practices set forth in paragraph (k)(1) of this 
section.
    (2) If all of video programmer's programs are exempt from the closed 
captioning rules under one or more of the exemptions set forth in this 
section, in lieu of the certification required by paragraph (m)(1) of 
this section, the video programmer shall submit a certification to the 
Commission through a web form located on the Commission's Web site 
stating that all of its programs are exempt from the closed captioning 
rules and specify each category of exemption claimed by the video 
programmer.
    (3) If some of a video programmer's programs are exempt from the 
closed captioning rules under one or more of the exemptions set forth in 
this section, as part of the certification required by paragraph (m)(1) 
of this section, the video programmer shall include a certification 
stating that some of its programs are exempt from the closed captioning 
rules and specify each category of exemption claimed by the video 
programmer.
    (4) A television broadcast station licensed pursuant to part 73 of 
this chapter or a low power television broadcast station licensed 
pursuant to part 74, subpart G, of this chapter, or the owner of either 
such station, is not required to provide a certification for video 
programming that is broadcast by the television broadcast station.
    (5) Compliance with paragraphs (m)(1) through (4) of this section is 
not required until the Commission publishes a document in the Federal 
Register announcing the compliance date and revising this paragraph 
accordingly.

[62 FR 48493, Sept. 16, 1997, as amended at 63 FR 55962, Oct. 20, 1998; 
64 FR 33424, June 23, 1999; 65 FR 58477, Sept. 29, 2000; 69 FR 72047, 
Dec. 10, 2004; 74 FR 1604, Jan. 13, 2009; 74 FR 46703, Sept. 11, 2009; 
75 FR 7369, Feb. 19, 2010; 77 FR 19515, Mar. 30, 2012; 77 FR 48104, Aug. 
13, 2012; 79 FR 17926, Mar. 31, 2014; 79 FR 77916, Dec. 29, 2014; 81 FR 
57485, Aug. 23, 2016; 86 FR 51013, Sept. 14, 2021; 86 FR 70750, Dec. 13, 
2021; 87 FR 54630, Sept. 7, 2022]



Sec. 79.2  Accessibility of programming providing emergency information.

    (a) Definitions. (1) For purposes of this section, the definitions 
in Sec. Sec. 79.1 and 79.3 apply.
    (2) Emergency information. Information, about a current emergency, 
that is intended to further the protection of life, health, safety, and 
property, i.e., critical details regarding the emergency and how to 
respond to the emergency. Examples of the types of emergencies covered 
include tornadoes, hurricanes, floods, tidal waves, earthquakes, icing 
conditions, heavy snows, widespread fires, discharge of toxic gases, 
widespread power failures, industrial explosions, civil disorders, 
school closings and changes in school bus schedules resulting from such 
conditions, and warnings and watches of impending changes in weather.

    Note to paragraph (a)(2): Critical details include, but are not 
limited to, specific details regarding the areas that will be affected 
by the emergency, evacuation orders, detailed descriptions of areas to 
be evacuated, specific evacuation routes, approved shelters or the way 
to take shelter in one's home, instructions on how to secure personal 
property, road closures, and how to obtain relief assistance.

    (b) Requirements for accessibility of programming providing 
emergency information.
    (1) Video programming distributors must make emergency information, 
as defined in paragraph (a) of this section, that is provided in the 
audio portion of the programming accessible to persons with hearing 
disabilities by using a method of closed captioning or by

[[Page 783]]

using a method of visual presentation, as described in Sec. 79.1.
    (2) Video programming distributors and video programming providers 
must make emergency information, as defined in paragraph (a) of this 
section, accessible as follows:
    (i) Emergency information that is provided visually during a 
regularly scheduled newscast, or newscast that interrupts regular 
programming, must be made accessible to individuals who are blind or 
visually impaired; and
    (ii) Emergency information that is provided visually during 
programming that is neither a regularly scheduled newscast, nor a 
newscast that interrupts regular programming, must be accompanied with 
an aural tone, and beginning May 26, 2015 except as provided in 
paragraph (b)(6) of this section, must be made accessible to individuals 
who are blind or visually impaired through the use of a secondary audio 
stream to provide the emergency information aurally. Emergency 
information provided aurally on the secondary audio stream must be 
preceded by an aural tone and must be conveyed in full at least twice. 
Emergency information provided through use of text-to-speech (``TTS'') 
technologies must be intelligible and must use the correct pronunciation 
of relevant information to allow consumers to learn about and respond to 
the emergency, including, but not limited to, the names of shelters, 
school districts, streets, districts, and proper names noted in the 
visual information. The video programming distributor or video 
programming provider that creates the visual emergency information 
content and adds it to the programming stream is responsible for 
providing an aural representation of the information on a secondary 
audio stream, accompanied by an aural tone. Video programming 
distributors are responsible for ensuring that the aural representation 
of the emergency information (including the accompanying aural tone) 
gets passed through to consumers.
    (3) This rule applies to emergency information primarily intended 
for distribution to an audience in the geographic area in which the 
emergency is occurring.
    (4) Video programming distributors must ensure that emergency 
information does not block any closed captioning and any closed 
captioning does not block any emergency information provided by means 
other than closed captioning.
    (5) Video programming distributors and video programming providers 
must ensure that aural emergency information provided in accordance with 
paragraph (b)(2)(ii) of this section supersedes all other programming on 
the secondary audio stream, including audio description, foreign 
language translation, or duplication of the main audio stream, with each 
entity responsible only for its own actions or omissions in this regard.
    (6) Beginning July 10, 2017, multichannel video programming 
distributors must ensure that any application or plug-in that they 
provide to consumers to access linear programming on tablets, 
smartphones, laptops, and similar devices over the MVPD's network as 
part of their multichannel video programming distributor services is 
capable of passing through to consumers an aural representation of the 
emergency information (including the accompanying aural tone) on a 
secondary audio stream.
    (c) Complaint procedures. A complaint alleging a violation of this 
section may be transmitted to the Consumer and Governmental Affairs 
Bureau by any reasonable means, such as the Commission's online informal 
complaint filing system, letter, facsimile transmission, telephone 
(voice/TRS/TTY), Internet email, audio-cassette recording, and Braille, 
or some other method that would best accommodate the complainant's 
disability. The complaint should include the name of the video 
programming distributor or the video programming provider against whom 
the complaint is alleged, the date and time of the omission of emergency 
information, and the type of emergency. The Commission will notify the 
video programming distributor or the video programming provider of the 
complaint,

[[Page 784]]

and the distributor or the provider will reply to the complaint within 
30 days.

[65 FR 26762, May 9, 2000, as amended at 65 FR 54811, Sept. 11, 2000; 78 
FR 31797, May 24, 2013; 80 FR 39714, July 10, 2015; 85 FR 76484, Nov. 
30, 2020]



Sec. 79.3  Audio description of video programming.

    (a) Definitions. For purposes of this section the following 
definitions shall apply:
    (1) Designated Market Areas (DMAs). Unique, county-based geographic 
areas designated by The Nielsen Company, a television audience 
measurement service, based on television viewership in the counties that 
make up each DMA.
    (2) Video programming provider. Any video programming distributor 
and any other entity that provides video programming that is intended 
for distribution to residential households including, but not limited 
to, broadcast or nonbroadcast television networks and the owners of such 
programming.
    (3) Audio description/video description. The insertion of audio 
narrated descriptions of a television program's key visual elements into 
natural pauses between the program's dialogue.
    (4) Video programming. Programming provided by, or generally 
considered comparable to programming provided by, a television broadcast 
station, but not including consumer-generated media.
    (5) Video programming distributor. Any television broadcast station 
licensed by the Commission and any multichannel video programming 
distributor (MVPD), and any other distributor of video programming for 
residential reception that delivers such programming directly to the 
home and is subject to the jurisdiction of the Commission.
    (6) Prime time. The period from 8 to 11 p.m. Monday through 
Saturday, and 7 to 11 p.m. on Sunday local time, except that in the 
central time zone the relevant period shall be between the hours of 7 
and 10 p.m. Monday through Saturday, and 6 and 10 p.m. on Sunday, and in 
the mountain time zone each station shall elect whether the period shall 
be 8 to 11 p.m. Monday through Saturday, and 7 to 11 p.m. on Sunday, or 
7 to 10 p.m. Monday through Saturday, and 6 to 10 p.m. on Sunday.
    (7) Live or near-live programming. Programming performed either 
simultaneously with, or recorded no more than 24 hours prior to, its 
first transmission by a video programming distributor.
    (8) Children's Programming. Television programming directed at 
children 16 years of age and under.
    (b) Audio description requirements. The following video programming 
distributors must provide programming with audio description as follows:
    (1) Commercial television broadcast stations that are affiliated 
with one of the top four commercial television broadcast networks (ABC, 
CBS, Fox, and NBC), and that are licensed to a community located in the 
top 60 DMAs, as determined by The Nielsen Company as of January 1, 2020, 
must provide 50 hours of audio description per calendar quarter, either 
during prime time or on children's programming, and 37.5 additional 
hours of audio description per calendar quarter between 6 a.m. and 11:59 
p.m. local time, on each programming stream on which they carry one of 
the top four commercial television broadcast networks. If a previously 
unaffiliated station in one of these markets becomes affiliated with one 
of these networks, it must begin compliance with these requirements no 
later than three months after the affiliation agreement is finalized. On 
January 1, 2021, and on January 1 each year thereafter until January 1, 
2024, the requirements of this paragraph (b)(1) shall extend to the next 
10 largest DMAs as determined by The Nielsen Company as of January 1, 
2020, as follows: On January 1, 2021, the requirements shall extend to 
DMAs 61 through 70; on January 1, 2022, the requirements shall extend to 
DMAs 71 through 80; on January 1, 2023, the requirements shall extend to 
DMAs 81 through 90; and on January 1, 2024, the requirements shall 
extend to DMAs 91 through 100;
    (2) [Reserved]
    (3) Television broadcast stations that are affiliated or otherwise 
associated with any television network must pass through audio 
description when the network provides audio description and the 
broadcast station has the technical capability necessary to pass through

[[Page 785]]

the audio description, unless it is using the technology used to provide 
audio description for another purpose related to the programming that 
would conflict with providing the audio description;
    (4) Multichannel video programming distributor (MVPD) systems that 
serve 50,000 or more subscribers must provide 50 hours of audio 
description per calendar quarter during prime time or children's 
programming, and 37.5 additional hours of audio description per calendar 
quarter between 6 a.m. and 11:59 p.m. local time, on each channel on 
which they carry one of the top five national nonbroadcast networks, as 
defined by an average of the national audience share during prime time 
of nonbroadcast networks that reach 50 percent or more of MVPD 
households and have at least 50 hours per quarter of prime time 
programming that is not live or near-live or otherwise exempt under this 
part. Initially, the top five networks are those determined by The 
Nielsen Company, for the time period October 2009-September 2010, and 
will update at three year intervals. The first update will be July 1, 
2015, based on the ratings for the time period October 2013-September 
2014; the second will be July 1, 2018, based on the ratings for the time 
period October 2016-September 2017; and so on; and
    (5) Multichannel video programming distributor (MVPD) systems of any 
size:
    (i) Must pass through audio description on each broadcast station 
they carry, when the broadcast station provides audio description, and 
the channel on which the MVPD distributes the programming of the 
broadcast station has the technical capability necessary to pass through 
the audio description, unless it is using the technology used to provide 
audio description for another purpose related to the programming that 
would conflict with providing the audio description; and
    (ii) Must pass through audio description on each nonbroadcast 
network they carry, when the network provides audio description, and the 
channel on which the MVPD distributes the programming of the network has 
the technical capability necessary to pass through the audio 
description, unless it is using the technology used to provide audio 
description for another purpose related to the programming that would 
conflict with providing the audio description.
    (c) Responsibility for and determination of compliance. (1) The 
Commission will calculate compliance on a per channel, and, for 
broadcasters, a per stream, calendar quarter basis, beginning with the 
calendar quarter July 1 through September 30, 2012.
    (2) In order to meet its quarterly requirement, a broadcaster or 
MVPD may count each program it airs with audio description no more than 
a total of two times on each channel on which it airs the program. A 
broadcaster or MVPD may count the second airing in the same or any one 
subsequent quarter. A broadcaster may only count programs aired on its 
primary broadcasting stream towards its quarterly requirement. A 
broadcaster carrying one of the top four commercial television broadcast 
networks on a secondary stream may count programs aired on that stream 
toward its quarterly requirement for that network only.
    (3) Once a commercial television broadcast station as defined under 
paragraph (b)(1) of this section has aired a particular program with 
audio description, it is required to include audio description with all 
subsequent airings of that program on that same broadcast station, 
unless it is using the technology used to provide audio description for 
another purpose related to the programming that would conflict with 
providing the audio description.
    (4) Once an MVPD as defined under paragraph (b)(4) of this section:
    (i) Has aired a particular program with audio description on a 
broadcast station it carries, it is required to include audio 
description with all subsequent airings of that program on that same 
broadcast station, unless it is using the technology used to provide 
audio description for another purpose related to the programming that 
would conflict with providing the audio description; or
    (ii) Has aired a particular program with audio description on a 
nonbroadcast network it carries, it is required to include audio 
description with all

[[Page 786]]

subsequent airings of that program on that same nonbroadcast network, 
unless it is using the technology used to provide audio description for 
another purpose related to the programming that would conflict with 
providing the audio description.
    (5) In evaluating whether a video programming distributor has 
complied with the requirement to provide video programming with audio 
description, the Commission will consider showings that any lack of 
audio description was de minimis and reasonable under the circumstances.
    (d) Procedures for exemptions based on economic burden. (1) A video 
programming provider may petition the Commission for a full or partial 
exemption from the audio description requirements of this section, which 
the Commission may grant upon a finding that the requirements would be 
economically burdensome.
    (2) The petitioner must support a petition for exemption with 
sufficient evidence to demonstrate that compliance with the requirements 
to provide programming with audio description would be economically 
burdensome. The term ``economically burdensome'' means imposing 
significant difficulty or expense. The Commission will consider the 
following factors when determining whether the requirements for audio 
description would be economically burdensome:
    (i) The nature and cost of providing audio description of the 
programming;
    (ii) The impact on the operation of the video programming provider;
    (iii) The financial resources of the video programming provider; and
    (iv) The type of operations of the video programming provider.
    (3) In addition to the factors in paragraph (d)(2) of this section, 
the petitioner must describe any other factors it deems relevant to the 
Commission's final determination and any available alternative that 
might constitute a reasonable substitute for the audio description 
requirements. The Commission will evaluate economic burden with regard 
to the individual outlet.
    (4) The petitioner must file an original and two (2) copies of a 
petition requesting an exemption based on the economically burdensome 
standard in this paragraph, and all subsequent pleadings, in accordance 
with Sec. 0.401(a) of this chapter.
    (5) The Commission will place the petition on public notice.
    (6) Any interested person may file comments or oppositions to the 
petition within 30 days of the public notice of the petition. Within 20 
days of the close of the comment period, the petitioner may reply to any 
comments or oppositions filed.
    (7) Persons that file comments or oppositions to the petition must 
serve the petitioner with copies of those comments or oppositions and 
must include a certification that the petitioner was served with a copy. 
Parties filing replies to comments or oppositions must serve the 
commenting or opposing party with copies of such replies and shall 
include a certification that the party was served with a copy.
    (8) Upon a finding of good cause, the Commission may lengthen or 
shorten any comment period and waive or establish other procedural 
requirements.
    (9) Persons filing petitions and responsive pleadings must include a 
detailed, full showing, supported by affidavit, of any facts or 
considerations relied on.
    (10) The Commission may deny or approve, in whole or in part, a 
petition for an economic burden exemption from the audio description 
requirements.
    (11) During the pendency of an economic burden determination, the 
Commission will consider the video programming subject to the request 
for exemption as exempt from the audio description requirements.
    (e) Complaint procedures.(1) A complainant may file a complaint 
concerning an alleged violation of the audio description requirements of 
this section by transmitting it to the Consumer and Governmental Affairs 
Bureau at the Commission by any reasonable means, such as letter, 
facsimile transmission, telephone (voice/TRS/TTY), email, audio-cassette 
recording, and Braille, or some other method that would best accommodate 
the complainant's disability. Complaints should be addressed to: 
Consumer and Governmental Affairs Bureau, located at the

[[Page 787]]

address of the FCC's main office indicated in 47 CFR 0.401(a). A 
complaint must include:
    (i) The name and address of the complainant;
    (ii) The name and address of the broadcast station against whom the 
complaint is alleged and its call letters and network affiliation, or 
the name and address of the MVPD against whom the complaint is alleged 
and the name of the network that provides the programming that is the 
subject of the complaint;
    (iii) A statement of facts sufficient to show that the video 
programming distributor has violated or is violating the Commission's 
rules, and, if applicable, the date and time of the alleged violation;
    (iv) The specific relief or satisfaction sought by the complainant;
    (v) The complainant's preferred format or method of response to the 
complaint (such as letter, facsimile transmission, telephone (voice/TRS/
TTY), Internet email, or some other method that would best accommodate 
the complainant's disability); and
    (vi) A certification that the complainant attempted in good faith to 
resolve the dispute with the broadcast station or MVPD against whom the 
complaint is alleged.
    (2) The Commission will promptly forward complaints satisfying the 
above requirements to the video programming distributor involved. The 
video programming distributor must respond to the complaint within a 
specified time, generally within 30 days. The Commission may authorize 
Commission staff either to shorten or lengthen the time required for 
responding to complaints in particular cases. The answer to a complaint 
must include a certification that the video programming distributor 
attempted in good faith to resolve the dispute with the complainant.
    (3) The Commission will review all relevant information provided by 
the complainant and the video programming distributor and will request 
additional information from either or both parties when needed for a 
full resolution of the complaint.
    (i) The Commission may rely on certifications from programming 
suppliers, including programming producers, programming owners, 
networks, syndicators and other distributors, to demonstrate compliance. 
The Commission will not hold the video programming distributor 
responsible for situations where a program source falsely certifies that 
programming that it delivered to the video programming distributor meets 
the audio description requirements of this section if the video 
programming distributor is unaware that the certification is false. 
Appropriate action may be taken with respect to deliberate 
falsifications.
    (ii) If the Commission finds that a video programming distributor 
has violated the audio description requirements of this section, it may 
impose penalties, including a requirement that the video programming 
distributor deliver video programming containing audio description in 
excess of its requirements.
    (f) Private rights of action are prohibited. Nothing in this section 
shall be construed to authorize any private right of action to enforce 
any requirement of this section. The Commission shall have exclusive 
jurisdiction with respect to any complaint under this section.

[76 FR 55604, Sept. 8, 2011, as amended at 76 FR 68118, Nov. 3, 2011; 82 
FR 37354, Aug. 10, 2017; 85 FR 64409. Oct. 13, 2020; 85 FR 76485, Nov. 
30, 2020]



Sec. 79.4  Closed captioning of video programming delivered using
Internet protocol.

    (a) Definitions. For purposes of this section the following 
definitions shall apply:
    (1) Video programming. Programming provided by, or generally 
considered comparable to programming provided by, a television broadcast 
station, but not including consumer-generated media.
    (2) Full-length video programming. Video programming that appears on 
television and is distributed to end users, substantially in its 
entirety, via Internet protocol, excluding video clips or outtakes.
    (3) Video programming distributor or video programming provider. Any 
person or entity that makes available directly to the end user video 
programming

[[Page 788]]

through a distribution method that uses Internet protocol.
    (4) Video programming owner. Any person or entity that either:
    (i) Licenses the video programming to a video programming 
distributor or provider that makes the video programming available 
directly to the end user through a distribution method that uses 
Internet protocol; or
    (ii) Acts as the video programming distributor or provider, and also 
possesses the right to license the video programming to a video 
programming distributor or provider that makes the video programming 
available directly to the end user through a distribution method that 
uses Internet protocol.
    (5) Internet protocol. Includes Transmission Control Protocol and a 
successor protocol or technology to Internet protocol.
    (6) Closed captioning. The visual display of the audio portion of 
video programming pursuant to the technical specifications set forth in 
this part.
    (7) Live programming. Video programming that is shown on television 
substantially simultaneously with its performance.
    (8) Near-live programming. Video programming that is performed and 
recorded less than 24 hours prior to the time it was first aired on 
television.
    (9) Prerecorded programming. Video programming that is not ``live'' 
or ``near-live.''
    (10) Edited for Internet distribution. Video programming for which 
the television version is substantially edited prior to its Internet 
distribution.
    (11) Consumer-generated media. Content created and made available by 
consumers to online Web sites and services on the Internet, including 
video, audio, and multimedia content.
    (12) Video clips. Excerpts of full-length video programming.
    (13) Outtakes. Content that is not used in an edited version of 
video programming shown on television.
    (14) Nonexempt programming. Video programming that is not exempted 
under paragraph (d) of this section and, accordingly, is subject to 
closed captioning requirements set forth in this section.
    (b) Requirements for closed captioning of Internet protocol-
delivered video programming. (1) All nonexempt full-length video 
programming delivered using Internet protocol must be provided with 
closed captions if the programming is published or exhibited on 
television in the United States with captions on or after the following 
dates:
    (i) September 30, 2012, for all prerecorded programming that is not 
edited for Internet distribution, unless it is subject to paragraph 
(b)(1)(iv) of this section.
    (ii) March 30, 2013, for all live and near-live programming, unless 
it is subject to paragraph (b)(1)(iv) of this section.
    (iii) September 30, 2013, for all prerecorded programming that is 
edited for Internet distribution, unless it is subject to paragraph 
(b)(1)(iv) of this section.
    (iv) All programming that is already in the video programming 
distributor's or provider's library before it is shown on television 
with captions must be captioned within 45 days after the date it is 
shown on television with captions on or after March 30, 2014 and before 
March 30, 2015. Such programming must be captioned within 30 days after 
the date it is shown on television with captions on or after March 30, 
2015 and before March 30, 2016. Such programming must be captioned 
within 15 days after the date it is shown on television with captions on 
or after March 30, 2016.
    (2) All nonexempt video clips delivered using Internet protocol must 
be provided with closed captions if the video programming distributor or 
provider posts on its Web site or application a video clip of video 
programming that it published or exhibited on television in the United 
States with captions on or after the applicable compliance deadline. The 
requirements contained in this paragraph shall not apply to video clips 
added to the video programming distributor's or provider's library 
before the video programming distributor or provider published or 
exhibited the associated video programming on television in the United 
States with captions on or after the applicable compliance deadline.
    (i) The requirements contained in paragraph (b)(2) of this section 
shall

[[Page 789]]

apply with the following compliance deadlines:
    (A) January 1, 2016, where the video clip contains a single excerpt 
of a captioned television program with the same video and audio that was 
presented on television.
    (B) January 1, 2017, where a single file contains multiple video 
clips that each contain a single excerpt of a captioned television 
program with the same video and audio that was presented on television.
    (C) July 1, 2017, for video clips of live and near-live programming.
    (ii) Closed captions must be provided for video clips of live 
programming within 12 hours after the conclusion of the associated video 
programming's publication or exhibition on television in the United 
States with captions. Closed captions must be provided for video clips 
of near-live programming within eight hours after the conclusion of the 
associated video programming's publication or exhibition on television 
in the United States with captions.
    (c) Obligations of video programming owners, distributors and 
providers--(1) Obligations of video programming owners. Each video 
programming owner must:
    (i) Send program files to video programming distributors and 
providers with captions as required by this section, with at least the 
same quality as the television captions provided for the same 
programming. If a video programming owner provides captions to a video 
programming distributor or provider using the Society of Motion Picture 
and Television Engineers Timed Text format (SMPTE ST 2052-1:2010, 
incorporated by reference, see Sec. 79.100), then the VPO has fulfilled 
its obligation to deliver captions to the video programming distributor 
or provider in an acceptable format. A video programming owner and a 
video programming distributor or provider may agree upon an alternative 
technical format for the delivery of captions to the video programming 
distributor or provider.
    (ii) With each video programming distributor and provider that such 
owner licenses to distribute video programming directly to the end user 
through a distribution method that uses Internet protocol, agree upon a 
mechanism to inform such distributors and providers on an ongoing basis 
whether video programming is subject to the requirements of this 
section.
    (2) Obligations of video programming distributors and providers. 
Each video programming distributor and provider must:
    (i) Enable the rendering or pass through of all required captions to 
the end user, maintaining the quality of the captions provided by the 
video programming owner and transmitting captions in a format reasonably 
designed to reach the end user in that quality. A video programming 
distributor or provider that provides applications, plug-ins, or devices 
in order to deliver video programming must comply with the requirements 
of Sec. 79.103(c) and (d).
    (ii) With each video programming owner from which such distributor 
or provider licenses video programming for distribution directly to the 
end user through a distribution method that uses Internet protocol, 
agree upon a mechanism to inform such distributor or provider on an 
ongoing basis whether video programming is subject to the requirements 
of this section, and make a good faith effort to identify video 
programming subject to the requirements of this section using the agreed 
upon mechanism. A video programming distributor or provider may rely in 
good faith on a certification by a video programming owner that the 
video programming need not be captioned if:
    (A) The certification includes a clear and concise explanation of 
why captioning is not required; and
    (B) The video programming distributor or provider is able to produce 
the certification to the Commission in the event of a complaint.
    (iii) Make contact information available to end users for the 
receipt and handling of written closed captioning complaints alleging 
violations of this section. The contact information required for written 
complaints shall include the name of a person with primary 
responsibility for Internet protocol captioning issues and who can 
ensure compliance with these rules. In addition, this contact 
information shall include the person's title or office, telephone 
number, fax number, postal mailing address, and email address. Video 
programming distributors

[[Page 790]]

and providers shall keep this information current and update it within 
10 business days of any change.
    (3) A video programming provider's or owner's de minimis failure to 
comply with this section shall not be treated as a violation of the 
requirements.
    (d) Procedures for exemptions based on economic burden. (1) A video 
programming provider or owner may petition the Commission for a full or 
partial exemption from the closed captioning requirements of this 
section, which the Commission may grant upon a finding that the 
requirements would be economically burdensome.
    (2) The petitioner must support a petition for exemption with 
sufficient evidence to demonstrate that compliance with the requirements 
for closed captioning of video programming delivered via Internet 
protocol would be economically burdensome. The term ``economically 
burdensome'' means imposing significant difficulty or expense. The 
Commission will consider the following factors when determining whether 
the requirements for closed captioning of Internet protocol-delivered 
video programming would be economically burdensome:
    (i) The nature and cost of the closed captions for the programming;
    (ii) The impact on the operation of the video programming provider 
or owner;
    (iii) The financial resources of the video programming provider or 
owner; and
    (iv) The type of operations of the video programming provider or 
owner.
    (3) In addition to these factors, the petitioner must describe any 
other factors it deems relevant to the Commission's final determination 
and any available alternatives that might constitute a reasonable 
substitute for the closed captioning requirements of this section 
including, but not limited to, text or graphic display of the content of 
the audio portion of the programming. The Commission will evaluate 
economic burden with regard to the individual outlet.
    (4) The petitioner must electronically file its petition for 
exemption, and all subsequent pleadings related to the petition, in 
accordance with Sec. 0.401(a)(1)(iii) of this chapter.
    (5) The Commission will place the petition on public notice.
    (6) Any interested person may electronically file comments or 
oppositions to the petition within 30 days after release of the public 
notice of the petition. Within 20 days after the close of the period for 
filing comments or oppositions, the petitioner may reply to any comments 
or oppositions filed.
    (7) Persons who file comments or oppositions to the petition must 
serve the petitioner with copies of those comments or oppositions and 
must include a certification that the petitioner was served with a copy. 
Any petitioner filing a reply to comments or oppositions must serve the 
commenting or opposing party with a copy of the reply and shall include 
a certification that the party was served with a copy. Comments or 
oppositions and replies shall be served upon a party, its attorney, or 
its other duly constituted agent by delivering or mailing a copy to the 
party's last known address in accordance with Sec. 1.47 of this chapter 
or by sending a copy to the email address last provided by the party, 
its attorney, or other duly constituted agent.
    (8) Upon a finding of good cause, the Commission may lengthen or 
shorten any comment period and waive or establish other procedural 
requirements.
    (9) Persons filing petitions and responsive pleadings must include a 
detailed, full showing, supported by affidavit, of any facts or 
considerations relied on.
    (10) The Commission may deny or approve, in whole or in part, a 
petition for an economic burden exemption from the closed captioning 
requirements of this section.
    (11) During the pendency of an economic burden determination, the 
Commission will consider the video programming subject to the request 
for exemption as exempt from the requirements of this section.
    (e) Complaint procedures. (1) Complaints concerning an alleged 
violation of the closed captioning requirements of this section shall be 
filed in writing with the Commission or with the video programming 
distributor or provider responsible for enabling the rendering or pass 
through of the closed captions for the video programming within sixty

[[Page 791]]

(60) days after the date the complainant experienced a problem with 
captioning. A complaint filed with the Commission must be directed to 
the Consumer and Governmental Affairs Bureau and submitted through the 
Commission's online informal complaint filing system, U.S. Mail, 
overnight delivery, or facsimile.
    (2) A complaint should include the following information:
    (i) The name, postal address, and other contact information of the 
complainant, such as telephone number or email address;
    (ii) The name and postal address, Web site, or email address of the 
video programming distributor, provider, and/or owner against which the 
complaint is alleged, and information sufficient to identify the video 
programming involved;
    (iii) Information sufficient to identify the software or device used 
to view the program;
    (iv) A statement of facts sufficient to show that the video 
programming distributor, provider, and/or owner has violated or is 
violating the Commission's rules, and the date and time of the alleged 
violation;
    (v) The specific relief or satisfaction sought by the complainant; 
and
    (vi) The complainant's preferred format or method of response to the 
complaint (such as letter, facsimile transmission, telephone (voice/TRS/
TTY), email, or some other method that would best accommodate the 
complainant).
    (3) If a complaint is filed first with the Commission, the 
Commission will forward complaints satisfying the above requirements to 
the named video programming distributor, provider, and/or owner, as well 
as to any other video programming distributor, provider, and/or owner 
that Commission staff determines may be involved. The video programming 
distributor, provider, and/or owner must respond in writing to the 
Commission and the complainant within 30 days after receipt of the 
complaint from the Commission.
    (4) If a complaint is filed first with the video programming 
distributor or provider, the video programming distributor or provider 
must respond in writing to the complainant within thirty (30) days after 
receipt of a closed captioning complaint. If a video programming 
distributor or provider fails to respond to the complainant within 
thirty (30) days, or the response does not satisfy the consumer, the 
complainant may file the complaint with the Commission within thirty 
(30) days after the time allotted for the video programming distributor 
or provider to respond. If a consumer re-files the complaint with the 
Commission (after filing with the distributor or provider) and the 
complaint satisfies the above requirements, the Commission will forward 
the complaint to the named video programming distributor or provider, as 
well as to any other video programming distributor, provider, and/or 
owner that Commission staff determines may be involved. The video 
programming distributor, provider, and/or owner must then respond in 
writing to the Commission and the complainant within 30 days after 
receipt of the complaint from the Commission.
    (5) In response to a complaint, video programming distributors, 
providers, and/or owners shall file with the Commission sufficient 
records and documentation to prove that the responding entity was (and 
remains) in compliance with the Commission's rules. Conclusory or 
insufficiently supported assertions of compliance will not carry a video 
programming distributor's, provider's, or owner's burden of proof. If 
the responding entity admits that it was not or is not in compliance 
with the Commission's rules, it shall file with the Commission 
sufficient records and documentation to explain the reasons for its 
noncompliance, show what remedial steps it has taken or will take, and 
show why such steps have been or will be sufficient to remediate the 
problem.
    (6) The Commission will review all relevant information provided by 
the complainant and the subject video programming distributors, 
providers, and/or owners, as well as any additional information the 
Commission deems relevant from its files or public sources. The 
Commission may request additional information from any relevant entities 
when, in the estimation of Commission staff, such information is

[[Page 792]]

needed to investigate the complaint or adjudicate potential violation(s) 
of Commission rules. When the Commission requests additional 
information, parties to which such requests are addressed must provide 
the requested information in the manner and within the time period the 
Commission specifies.
    (7) If the Commission finds that a video programming distributor, 
provider, or owner has violated the closed captioning requirements of 
this section, it may employ the full range of sanctions and remedies 
available under the Communications Act of 1934, as amended, against any 
or all of the violators.
    (f) Private rights of action prohibited. Nothing in this section 
shall be construed to authorize any private right of action to enforce 
any requirement of this section. The Commission shall have exclusive 
jurisdiction with respect to any complaint under this section.

[77 FR 19515, Mar. 30, 2012, as amended at 79 FR 45371, Aug. 5, 2014]



                           Subpart B_Apparatus

    Source: 78 FR 77251, Dec. 20, 2013, unless otherwise noted.



Sec. 79.100  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the FCC must publish a document in the 
Federal Register and the material must be available to the public. All 
approved incorporation by reference (IBR) material is available for 
inspection at the FCC and the National Archives and Records 
Administration (NARA). Contact the FCC through the Federal 
Communications Commission's Reference Information Center, phone: (202) 
418-0270. For information on the availability of this material at NARA, 
visit www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. The material may be obtained from the sources in 
the following paragraphs of this section.
    (b) Global Engineering Documents, 15 Inverness Way East, Englewood, 
CO 80112, (800) 854-7179, or at http://global.ihs.com:
    (1) EIA-708-B: ``Digital Television (DTV) Closed Captioning,'' 1999, 
IBR approved for Sec. 79.102.
    (2) [Reserved]
    (c) Society of Motion Picture & Television Engineers (SMPTE), 3 
Barker Ave., 5th Floor, White Plains, NY 10601, or at the SMPTE Web 
site: http://www.smpte.org/standards/:
    (1) SMPTE ST 2052-1:2010: ``Timed Text Format (SMPTE-TT)'' 2010, IBR 
approved for Sec. Sec. 79.4 and 79.103.
    (2) [Reserved]

[77 FR 19518, Mar. 30, 2012, as amended at 85 FR 64409, Oct. 13, 2020; 
88 FR 21449, Apr. 10, 2023]



Sec. 79.101  Closed caption decoder requirements for analog television receivers.

    (a)(1) Effective July 1, 1993, all television broadcast receivers 
with picture screens 33 cm (13 in) or larger in diameter shipped in 
interstate commerce, manufactured, assembled, or imported from any 
foreign country into the United States shall comply with the provisions 
of this section.

    Note to paragraph (a)(1): This paragraph places no restriction on 
the shipping or sale of television receivers that were manufactured 
before July 1, 1993.

    (2) Effective January 1, 2014, all television broadcast receivers 
shipped in interstate commerce, manufactured, assembled, or imported 
from any foreign country into the United States shall comply with the 
provisions of this section, if technically feasible, except that 
television broadcast receivers that use a picture screen less than 13 
inches in size must comply with the provisions of this section only if 
doing so is achievable pursuant to Sec. 79.103(b)(3).

    Note to paragraph (a)(2): This paragraph places no restrictions on 
the importing, shipping, or sale of television receivers that were 
manufactured before January 1, 2014.

    (b) Transmission format. Closed-caption information is transmitted 
on line

[[Page 793]]

21 of field 1 of the vertical blanking interval of television signals, 
in accordance with Sec. 73.682(a)(22) of this chapter.
    (c) Operating modes. The television receiver will employ customer-
selectable modes of operation for TV and Caption. A third mode of 
operation, Text, may be included on an optional basis. The Caption and 
Text Modes may contain data in either of two operating channels, 
referred to in this document as C1 and C2. The television receiver must 
decode both C1 and C2 captioning, and must display the captioning for 
whichever channel the user selects. The TV Mode of operation allows the 
video to be viewed in its original form. The Caption and Text Modes 
define one or more areas (called ``boxes'') on the screen within which 
caption or text characters are displayed.

    Note: For more information regarding Text mode, see ``Television 
Captioning for the Deaf: Signal and Display Specifications'', 
Engineering Report No. E-7709-C, Public Broadcasting Service, dated May 
1980, and ``TeleCaption II Decoder Module Performance Specification'', 
National Captioning Institute, Inc., dated November 1985. These 
documents are available, respectively, from the Public Broadcasting 
Service, 1320 Braddock Place, Alexandria, VA 22314 and from the National 
Captioning Institute, Inc., 5203 Leesburg Pike, Falls Church, VA 22041.

    (d) Screen format. The display area for captioning and text shall 
fall approximately within the safe caption area as defined in paragraph 
(n)(12) of this section. This display area will be further divided into 
15 character rows of equal height and 32 columns of equal width, to 
provide accurate placement of text on the screen. Vertically, the 
display area begins on line 43 and is 195 lines high, ending on line 237 
on an interlaced display. All captioning and text shall fall within 
these established columns and rows. The characters must be displayed 
clearly separated from the video over which they are placed. In 
addition, the user must have the capability to select a black background 
over which the captioned letters are displaced.
    (1) Caption mode. In the Caption Mode, text can appear on up to 4 
rows simultaneously anywhere on the screen within the defined display 
area. In addition, a solid space equal to one column width may be placed 
before the first character and after the last character of each row to 
enhance legibility. The caption area will be transparent anywhere that 
either:
    (i) No standard space character or other character has been 
addressed and no accompanying solid space is needed; or,
    (ii) An accompanying solid space is used and a ``transparent space'' 
special character has been addressed which does not immediately precede 
or follow a displayed character.
    (2) [Reserved]
    (e) Presentation format. In analyzing the presentation of 
characters, it is convenient to think in terms of a non-visible cursor 
which marks the screen position at which the next event in a given mode 
and data channel will occur. The receiver remembers the cursor position 
for each mode even when data are received for a different address in an 
alternate mode or data channel.
    (1) Screen addressing. Two kinds of control codes are used to move 
the cursor to specific screen locations. In Caption Mode, these 
addressing codes will affect both row and column positioning. In Text 
Mode, the codes affect only column positioning. In both modes, the 
addressing codes are optional. Default positions are defined for each 
mode and style when no addressing code is provided.
    (i) The first type of addressing code is the Preamble Address Code 
(PAC). It assigns a row number and one of eight ``indent'' figures. Each 
successive indent moves the cursor four columns to the right (starting 
from the left margin). Thus, an indent of 0 places the cursor at Column 
1, an indent of 4 sets it at Column 5, etc. The PAC indent is non-
destructive to displayable characters. It will not affect the display to 
the left of the new cursor position on the indicated row. Note that 
Preamble Address Codes also set initial attributes for the displayable 
characters which follow. See paragraph (h) of this section and the 
Preamble Address Code table.
    (ii) The second type of addressing code is the Tab Offset, which is 
one of three Miscellaneous Control Codes. Tab Offset will move the 
cursor one, two, or

[[Page 794]]

three columns to the right. The character cells skipped over will be 
unaffected; displayable characters in these cells, if any, will remain 
intact while empty cells will remain empty, in the same manner that a 
PAC indent is non-destructive.
    (2) [Reserved]
    (f) Caption Mode. There are three styles of presenting text in 
Caption Mode: roll-up, pop-on, and paint-on. Character display varies 
significantly with the style used, but certain rules of character 
erasure are common to all styles. A character can be erased by 
addressing another character to the same screen location or by 
backspacing over the character from a subsequent location on the same 
row. The entire displayed memory will be erased instantly by receipt of 
an Erase Displayed Memory command. Both displayed memory and non-
displayed memory will be entirely erased simultaneously by either: The 
user switching receiver channels or data channels (C1/C2) or fields (F1/
F2) in decoders so equipped; the loss of valid data (see paragraph (j) 
of this section); or selecting non-captioning receiver functions which 
use the display memory of the decoder. Receipt of an End of Caption 
command will cause a displayed caption to become non-displayed (and vice 
versa) without being erased from memory. Changing the receiver to a non-
captioning mode which does not require use of the decoder's display 
memory will leave that memory intact, and the decoder will continue to 
process data as if the caption display were selected.
    (1) Roll-up. Roll-up style captioning is initiated by receipt of one 
of three Miscellaneous Control Codes that determine the maximum number 
of rows displayed simultaneously, either 2, 3 or 4 contiguous rows. 
These are the three Roll-Up Caption commands.
    (i) The bottom row of the display is known as the ``base row''. The 
cursor always remains on the base row. Rows of text roll upwards into 
the contiguous rows immediately above the base row to create a 
``window'' 2 to 4 rows high.
    (ii) The Roll-Up command, in normal practice, will be followed (not 
necessarily immediately) by a Preamble Address Code indicating the base 
row and the horizontal indent position. If no Preamble Address Code is 
received, the base row will default to Row 15 or, if a roll-up caption 
is currently displayed, to the same base row last received, and the 
cursor will be placed at Column 1. If the Preamble Address Code received 
contains a different base row than that of a currently displayed 
caption, the entire window will move intact (and without erasing) to the 
new base row immediately.
    (iii) Each time a Carriage Return is received, the text in the top 
row of the window is erased from memory and from the display or scrolled 
off the top of the window. The remaining rows of text are each rolled up 
into the next highest row in the window, leaving the base row blank and 
ready to accept new text. This roll-up must appear smooth to the user, 
and must take no more than 0.433 second to complete. The cursor is 
automatically placed at Column 1 (pending receipt of a Preamble Address 
Code).
    (iv) Increasing or decreasing the number of roll-up rows instantly 
changes the size of the active display window, appropriately turning on 
or off the display of the top one or two rows. A row which is turned off 
should also be erased from memory.
    (v) Characters are always displayed immediately when received by the 
receiver. Once the cursor reaches the 32nd column position on any row, 
all subsequent characters received prior to a Carriage Return, Preamble 
Address Code, or Backspace will be displayed in that column replacing 
any previous character occupying that address.
    (vi) The cursor moves automatically one column to the right after 
each character or Mid-Row Code received. A Backspace will move the 
cursor one column to the left, erasing the character or Mid-Row Code 
occupying that location. (A Backspace received when the cursor is in 
Column 1 will be ignored.)
    (vii) The Delete to End of Row command will erase from memory any 
characters or control codes starting at the current cursor location and 
in all columns to its right on the same row. If no displayable 
characters remain on the row after the Delete to End of Row is acted 
upon, the solid space (if any)

[[Page 795]]

for that row should also be erased to conform with the following 
provisions.
    (viii) If a solid space is used for legibility, it should appear 
when the first displayable character (not a transparent space) or Mid-
Row Code is received on a row, not when the Preamble Address Code, if 
any, is given. A row on which there are no displayable characters or 
Mid-Row Codes will not display a solid space, even when rolled up 
between two rows which do display a solid space.
    (ix) If the reception of data for a row is interrupted by data for 
the alternate data channel or for Text Mode, the display of caption text 
will resume from the same cursor position if a Roll-Up Caption command 
is received and no Preamble Address Code is given which would move the 
cursor.
    (x) A roll-up caption remains displayed until one of the standard 
caption erasure techniques is applied. Receipt of a Resume Caption 
Loading command (for pop-on style) or a Resume Direct Captioning command 
(for paint-on style) will not affect a roll-up display. Receipt of a 
Roll-Up Caption command will cause any pop-on or paint-on caption to be 
erased from displayed memory and non-displayed memory.
    (2) Pop-on. Pop-on style captioning is initiated by receipt of a 
Resume Caption Loading command. Subsequent data are loaded into a non-
displayed memory and held there until an End of Caption command is 
received, at which point the non-displayed memory becomes the displayed 
memory and vice versa. (This process is often referred to as ``flipping 
memories'' and does not automatically erase memory.) An End of Caption 
command forces the receiver into pop-on style if no Resume Caption 
Loading command has been received which would do so. The display will be 
capable of 4 full rows, not necessarily contiguous, simultaneous 
anywhere on the screen.
    (i) Preamble Address Codes can be used to move the cursor around the 
screen in random order to place captions on Rows 1 to 15. Carriage 
Returns have no effect on cursor location during caption loading.
    (ii) The cursor moves automatically one column to the right after 
each character or Mid-Row Code received. Receipt of a Backspace will 
move the cursor one column to the left, erasing the character or Mid-Row 
Code occupying that location. (A Backspace received when the cursor is 
in Column 1 will be ignored.) Once the cursor reaches the 32nd column 
position on any row, all subsequent characters received prior to a 
Backspace, an End of Caption, or a Preamble Address Code, will replace 
any previous character at that location.
    (iii) The Delete to End of Row command will erase from memory any 
characters or control codes starting at the current cursor location and 
in all columns to its right on the same row. If no displayable 
characters remain on a row after the Delete to End of Row is acted upon, 
the solid space (if any) for that element should also be erased.
    (iv) If data reception is interrupted during caption loading by data 
for the alternate caption channel or for Text Mode, caption loading will 
resume at the same cursor position if a Resume Caption Loading command 
is received and no Preamble Address Code is given that would move the 
cursor.
    (v) Characters remain in non-displayed memory until an End of 
Caption command flips memories. The caption will be erased without being 
displayed upon receipt of an Erase Non-Displayed Memory command, a Roll-
Up Caption command, or if the user switches receiver channels, data 
channels or fields, or upon the loss of valid data (see paragraph (j) of 
this section).
    (vi) A pop-on caption, once displayed, remains displayed until one 
of the standard caption erasure techniques is applied or until a Roll-Up 
Caption command is received. Characters within a displayed pop-on 
caption will be replaced by receipt of the Resume Direct Captioning 
command and paint-on style techniques (see below).
    (3) Paint-on. Paint-on style captioning is initiated by receipt of a 
Resume Direct Captioning command. Subsequent data are addressed 
immediately to displayed memory without need for an End of Caption 
command.
    (i) Preamble Address Codes can be used to move the cursor around the 
screen in random order to display captions on Rows 1 to 15. Carriage 
Returns

[[Page 796]]

have no affect on cursor location during direct captioning. The cursor 
moves automatically one column to the right after each character or Mid-
Row Code is received. Receipt of a Backspace will move the cursor one 
column to the left, erasing the character or Mid-Row Code occupying that 
location. (A Backspace received when the cursor is in Column 1 will be 
ignored.) Once the cursor reaches the 32nd column position on any row, 
all subsequent characters received prior to a Preamble Address Code or 
Backspace will be displayed in that column replacing any previous 
character occupying that location.
    (ii) The Delete to End of Row command will erase from memory any 
characters or control codes starting at the current cursor location and 
in all columns to its right on the same row. If no displayable 
characters remain on the row after the Delete to End of Row is acted 
upon, the solid space (if any) for that element should also be erased.
    (iii) If the reception of data is interrupted during the direct 
captioning by data for the alternate caption channel or for Text Mode, 
the display of caption text will resume at the same cursor position if a 
Resume Direct Captioning command is received and no Preamble Address 
Code is given which would move the cursor.
    (iv) Characters remain displayed until one of the standard caption 
erasure techniques is applied or until a Roll-Up Caption command is 
received. An End of Caption command leaves a paint-on caption fully 
intact in non-displayed memory. In other words, a paint-on style caption 
behaves precisely like a pop-on style caption which has been displayed.
    (g) Character format. Characters are to be displayed on the screen 
within a character ``cell'' which is the height and width of a single 
row and column. The following codes define the displayable character 
set. Television receivers manufactured prior to January 1, 1996 and 
having a character resolution of 5 x 7 dots, or less, may display the 
allowable alternate characters in the character table. A statement must 
be in a prominent location on the box or other package in which the 
receiver is to be marketed, and information must be in the owner's 
manual, indicating the receiver displays closed captioning in upper case 
only.

                           Character Set Table

                           Special Characters

    These require two bytes for each symbol. Each hex code as shown will 
be preceded by a 11h for data channel 1 or by a 19h for data channel 2. 
For example: 19h 37h will place a musical note in data channel 2.

------------------------------------------------------------------------
HEX   Example     Alternate                   Description
------------------------------------------------------------------------
 30     [reg]   See note \1\  Registered mark symbol
 31     [deg]   ............  Degree sign
 32     \1/2\   ............  \1/2\
 33  [iquest]   ............  Inverse query
 34      \TM\   See note \1\  Trademark symbol
 35    [cent]   ............  Cents sign
 36   [pound]   ............  Pounds Sterling sign
 37    [sung]   ............  Music note
 38  [agrave]             A   Lower-case a with grave accent
 39             ............  Transparent space
 3A  [egrave]             E   Lower-case e with grave accent
 3B   [acirc]             A   Lower-case a with circumflex
 3C   [ecirc]             E   Lower-case e with circumflex
 3D   [icirc]             I   Lower-case i with circumflex
 3E   [ocirc]             O   Lower-case o with circumflex
 3F   [ucirc]             U   Lower-case u with circumflex
------------------------------------------------------------------------
\1\ Note: The registered and trademark symbols are used to satisfy
  certain legal requirements. There are various legal ways in which
  these symbols may be drawn or displayed. For example, the trademark
  symbol may be drawn with the ``T'' next to the ``M'' or over the
  ``M''. It is preferred that the trademark symbol be superscripted,
  i.e., XYZ \TM\. It is left to each individual manufacturer to
  interpret these symbols in any way that meets the legal needs of the
  user.

                           Standard characters

------------------------------------------------------------------------
HEX   Example    Alternate                   Description
------------------------------------------------------------------------
 20             ..........  Standard space
 21         !   ..........  Exclamation mark
 22        ``   ..........  Quotation mark
 23            ..........  Pounds (number) sign
 24         $   ..........  Dollar sign
 25         %   ..........  Percentage sign
 26         &   ..........  Ampersand
 27         '   ..........  Apostrophe
 28         (   ..........  Open parentheses
 29         )   ..........  Close parentheses
 2A  [aacute]           A   Lower-case a with acute accent
 2B         +   ..........  Plus sign
 2C         ,   ..........  Comma
 2D         -   ..........  Minus (hyphen) sign
 2E         .   ..........  Period
 2F         /   ..........  Slash
 30         0   ..........  Zero
 31         1   ..........  One
 32         2   ..........  Two
 33         3   ..........  Three
 34         4   ..........  Four
 35         5   ..........  Five
 36         6   ..........  Six
 37         7   ..........  Seven
 38         8   ..........  Eight
 39         9   ..........  Nine
 3A         :   ..........  Colon

[[Page 797]]

 
 3B         ;   ..........  Semi-colon
 3C         <   ..........  Less than sign
 3D         =   ..........  Equal sign
 3E  
Sec. 79.102  Closed caption decoder requirements for digital television 
receivers and converter boxes.

    (a)(1) Effective July 1, 2002, all digital television receivers with 
picture screens in the 4:3 aspect ratio with picture screens measuring 
13 inches or larger diagonally, all digital television receivers with 
picture screens in the 16:9 aspect ratio measuring 7.8 inches or larger 
vertically and all separately sold DTV tuners shipped in interstate 
commerce or manufactured in the United States shall comply with the 
provisions of this section.

    Note to paragraph (a)(1): This paragraph places no restrictions on 
the shipping or sale of digital television receivers that were 
manufactured before July 1, 2002.

    (2) Effective July 1, 2002, DTV converter boxes that allow digitally 
transmitted television signals to be displayed on analog receivers shall 
pass available analog caption information to the attached receiver in a 
form recognizable by that receiver's built-in caption decoder circuitry.

    Note to paragraph (a)(2): This paragraph places no restrictions on 
the shipping or sale of DTV converter boxes that were manufactured 
before July 1, 2002.

    (3) Effective January 1, 2014, all digital television receivers and 
all separately sold DTV tuners shipped in interstate commerce or 
manufactured in the United States shall comply with the provisions of 
this section, if technically feasible, except that digital television 
receivers that use a picture screens less than 13 inches in size must 
comply with the provisions of this section only if doing so is 
achievable pursuant to Sec. 79.103(b)(3).

    Note to paragraph (a)(3): This paragraph places no restrictions on 
the importing, shipping, or sale of digital television receivers and 
separately sold DTV tuners that were manufactured before January 1, 
2014.

    (b) Digital television receivers and tuners must be capable of 
decoding closed captioning information that is delivered pursuant to 
EIA-708-B: ``Digital Television (DTV) Closed Captioning'' (incorporated 
by reference, see Sec. 79.100).
    (c) Services. (1) Decoders must be capable of decoding and 
processing data for the six standard services, Caption Service 1 
through Caption Service 6.
    (2) Decoders that rely on Program and System Information Protocol 
data to implement closed captioning functions must be capable of 
decoding and processing the Caption Service Directory data. Such 
decoders must be capable of decoding all Caption Channel Block Headers 
consisting of Standard Service Headers, Extended Service Block Headers, 
and Null Block headers. However, decoding of the data is required only 
for Standard Service Blocks (Service IDs <-6), and then only if the 
characters for the corresponding language are supported. The decoders 
must be able to display the directory for services 1 through 6.
    (d) Code space organization. (1) Decoders must support Code Space 
C0, G0, C1, and G1 in their entirety.

[[Page 803]]

[GRAPHIC] [TIFF OMITTED] TR29SE00.000

    (2) The following characters within code space G2 must be supported:
    (i) Transparent space (TSP).
    (ii) Non-breaking transparent space (NBTSP).
    (iii) Solid block ( ).
    (iv) Trademark symbol (\TM\).
    (v) Latin-1 characters [Scaron], [OElig], [scaron], [oelig], [Yuml].
    (3) The substitutions in Table 2 are to be made if a decoder does 
not support the remaining G2 characters.

                Table 2--G2 Character Substitution Table
------------------------------------------------------------------------
           G2 Character                       Substitute with
------------------------------------------------------------------------
Open single quote (`), G2 char     G0 single quote (`), char code 0 x 27
 code 0 x 31.
Close single quote ('), G2 char    G0 single quote ('), char code 0 x 27
 code 0 x 32.
Open double quote (``), G2 char    G0 double quote (``), char code 0 x
 code 0 x 33.                       22
Close double quote (''), G2 char   G0 double quote (''), char code 0 x
 code 0 x 34.                       22
Bold bullet (),  G1 bullet (), char
 G2 char code 0 x 35.               code 0 x B7
Elipsis (. . .), G2 char code 0 x  G0 underscore (_), char code 0 x 5F
 25.
One-eighth (\1/8\), G2 char code   G0 percent sign (%), char code 0 x 25
 0 x 76.
Three-eighths (\3/8\), G2 char     G0 percent sign (%), char code 0 x 25
 code 0 x 77.

[[Page 804]]

 
Five-eighths (\5/8\), G2 char      G0 percent sign (%), char code 0 x 25
 code 0 x 78.
Seven-eighths (\7/8\), G2 char     G0 percent sign (%), char code 0 x 25
 code 0 x 79.
Vertical border ([verbar]), G2     G0 stroke ([verbar]), char code 0 x
 char code 0 x 7A.                  7C
Upper-right border ([rceil]), G2   G0 dash (-), char code 0 x 2D
 char code 0 x 7B.
Lower-left border ([lfloor]), G2   G0 dash (-), char code 0 x 2D
 char code 0 x 7C.
Horizontal border ([horbar]), G2   G0 dash (-), char code 0 x 2D
 char code 0 x 7D.
Lower-right border ([rfloor]), G2  G0 dash (-), char code 0 x 2D
 char code 0 x 7E.
Upper-left border ([lceil]), G2    G0 dash (-), char code 0 x 2D
 char code 0 x 7F.
------------------------------------------------------------------------

    (4) Support for code spaces C2, C3, and G3 is optional. All 
unsupported graphic symbols in the G3 code space are to be substituted 
with the G0 underscore character (_), char code 0 x 5F.
    (e) Screen coordinates. Table 3 specifies the screen coordinate 
resolutions and limits for anchor point positioning in 4:3 and 16:9 
display formats, and the number of characters per row.

                                Table 3--Screen Coordinate Resolutions and Limits
----------------------------------------------------------------------------------------------------------------
                                                                                           Maximum     Maximum
     Screen aspect ratio         Maximum anchor position      Minimum anchor position     displayed   characters
                                        resolution                   resolution             rows       per row
----------------------------------------------------------------------------------------------------------------
4:3..........................  75v x 160h.................  15v x 32h..................           4           32
16:9.........................  75v x 210h.................  15v x 42h..................           4           42
Other........................  75v x (5 x H)..............  15v x H*...................           4          \1\
----------------------------------------------------------------------------------------------------------------
\1\H = 32 x (the width of the screen in relation to a 4:3 display). For example, the 16:9 format is \1/3\ wider
  than a 4:3 display; thus, H = 32 * \4/3\ = 42.667, or 42.

    (1) This means that the minimum grid resolution for a 4:3 aspect 
ratio instrument is 15 vertical positions x 32 horizontal positions. 
This minimum grid resolution for 16:9 ratio instrument is 15 vertical 
positions x 42 horizontal positions. These minimum grid sizes are to 
cover the entire safe-title area of the corresponding screen.
    (2) The minimum coordinates equate to a \1/5\ reduction in the 
maximum horizontal and vertical grid resolution coordinates. Caption 
providers are to use the maximum coordinate system values when 
specifying anchor point positions. Decoders using the minimum resolution 
are to divide the provided horizontal and vertical screen coordinates by 
5 to derive the equivalent minimum coordinates.
    (3) Any caption targeted for both 4:3 and 16:9 instruments is 
limited to 32 contiguous characters per row. If a caption is received by 
a 4:3 instrument that is targeted for a 16:9 display only, or requires a 
window width greater than 32 characters, then the caption may be 
completely disregarded by the decoder. 16:9 instruments should be able 
to process and display captions intended for 4:3 displays, providing all 
other minimum recommendations are met.
    (4) If the resulting size of any window is larger than the safe 
title area for the corresponding display's aspect ratio, then this 
window will be completely disregarded.
    (f) Caption windows. (1) Decoders need to display no more than 4 
rows of captions on the screen at any given time, regardless of the 
number of windows displayed. This implies that no more than 4 windows 
can be displayed at any given time (with each having only one caption 
row). However, decoders should maintain storage to support a minimum 
total of 8 rows of captions. This storage is needed for the worst-case 
support of a displayed window with 4 rows of captioning and a non-
displayed window which is buffering the incoming rows for the next 4-row 
caption. As implied above, the maximum number of windows that may be 
displayed at any one time by a minimum decoder implementation is 4. If 
more than 4 windows are defined in the caption

[[Page 805]]

stream, the decoder may disregard the youngest and lowest priority 
window definition(s). Caption providers must be aware of this 
limitation, and either restrict the total number of windows used or 
accept that some windows will not be displayed.
    (2) Decoders do not need to support overlapped windows. If a window 
overlaps another window, the overlapped window need not be displayed by 
the decoder.
    (3) At a minimum, decoders will assume that all windows have rows 
and columns ``locked''. This implies that if a decoder implements the 
SMALL pen-size, then word-``un''wrapping, when shrinking captions, need 
not be implemented. Also, if a decoder implements the LARGE pen size, 
then word wrapping (when enlarging captions) need not be implemented.
    (4) Whenever possible, the receiver should render embedded carriage 
returns as line breaks, since these carriage returns indicate an 
important aspect of the caption's formatting as determined by the 
service provider. However, it may sometimes be necessary for the 
receiver to ignore embedded line breaks. For example, if a caption is to 
appear in a larger font, and if its window's rows and/or columns are 
unlocked, the rows of text may need to become longer or shorter to fit 
within the allocated space. Such automatic reformatting of a caption is 
known as ``word wrap.'' If decoders support word-wrapping, it must be 
implemented as follows:
    (i) The receiver should follow standard typographic practice when 
implementing word wrap. Potential breaking points (word-wrapping points) 
are indicated by the space character (20h) and by the hyphen character 
(2Dh).
    (ii) If a row is to be broken at a space, the receiver should remove 
the space from the caption display. If a row is to be broken after a 
hyphen, the hyphen should be retained.
    (iii) If an embedded return is to be removed, it should usually be 
replaced with a space. However, if the character to the left of the 
embedded return is a hyphen, the embedded return should be removed but 
NOT replaced with a space.
    (iv) This specification does not include optional hyphens, nor does 
it provide for any form of automatic hyphenation. No non-breaking hyphen 
is defined. The non-breaking space (A0h in the G1 code set) and the non-
breaking transparent space (21h in the G2 code set) should not be 
considered as potential line breaks.
    (v) If a single word exceeds the length of a row, the word should be 
placed at the start of a new row, broken at the character following the 
last character that fits on the row, and continued with further breaks 
if needed.
    (g) Window text painting. (1) All decoders should implement 
``left'', ``right'', and ``center'' caption-text justification. 
Implementation of ``full'' justification is optional. If ``full'' 
justification is not implemented, fully justified captions should be 
treated as though they are ``left'' justified.
    (i) For ``left'' justification, decoders should display any portion 
of a received row of text when it is received. For ``center'', 
``right'', and ``full'' justification, decoders may display any portion 
of a received row of text when it is received, or may delay display of a 
received row of text until reception of a row completion indicator. A 
row completion indicator is defined as receipt of a CR, ETX or any other 
command, except SetPenColor, SetPenAttributes, or SetPenLocation where 
the pen relocation is within the same row.
    (ii) Receipt of a character for a displayed row which already 
contains text with ``center'', ``right'' or ``full'' justification will 
cause the row to be cleared prior to the display of the newly received 
character and any subsequent characters. Receipt of a justification 
command which changes the last received justification for a given window 
will cause the window to be cleared.
    (2) At a minimum, decoders must support LEFT_TO_RIGHT printing.
    (3) At a minimum, decoders must support BOTTOM_TO_TOP scrolling. For 
windows sharing the same horizontal scan lines on the display, scrolling 
may be disabled.

[[Page 806]]

    (4) At a minimum, decoders must support the same recommended 
practices for scroll rate as is provided for NTSC closed-captioning.
    (5) At a minimum, decoders must support the same recommended 
practices for smooth scrolling as is provided for NTSC closed-
captioning.
    (6) At a minimum, decoders must implement the ``snap'' window 
display effect. If the window ``fade'' and ``wipe'' effects are not 
implemented, then the decoder will ``snap'' all windows when they are to 
be displayed, and the ``effect speed'' parameter is ignored.
    (h) Window colors and borders. At a minimum, decoders must implement 
borderless windows with solid, black backgrounds (i.e., border type = 
NONE, fill color = (0,0,0), fill opacity = SOLID), and borderless 
transparent windows (i.e., border type = NONE, fill opacity = 
TRANSPARENT).
    (i) Predefined window and pen styles. Predefined Window Style and 
Pen Style ID's may be provided in the DefineWindow command. At a 
minimum, decoders should implement Predefined Window Attribute Style 1 
and Predefined Pen Attribute Style 1, as shown in Table 4 and Table 5, 
respectively.

[[Page 807]]



                                                                              Table 4--Predefined Window Style ID's
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Print          Scroll       Word      Display       Effect        Effect                      Fill                     Border
          Style ID               Justify      direction      direction      wrap      effect       direction      speed      Fill color     opacity    Border type     color          Usage
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1............................  Left........  Left-to-right  Bottom-to-top  No.....  Snap........  n/a.........  n/a........  (0,0,0)       Solid......  None.......  n/a........  NTSC Style
                                                                                                                              Black.                                               PopUp
                                                                                                                                                                                   Captions
2............................  Left........  Left-to-right  Bottom-to-top  No.....  Snap........  n/a.........  n/a........  n/a.........  Transparent  None.......  n/a........  PopUp Captions
                                                                                                                                                                                   w/o Black
                                                                                                                                                                                   Background
3............................  Cntr........  Left-to-right  Bottom-to-top  No.....  Snap........  n/a.........  n/a........  (0,0,0)       Solid......  None.......  n/a........  NTSC Style
                                                                                                                              Black.                                               Centered
                                                                                                                                                                                   PopUp
                                                                                                                                                                                   Captions
4............................  Left........  Left-to-right  Bottom-to-top  Yes....  Snap........  n/a.........  n/a........  (0,0,0)       Solid......  None.......  n/a........  NTSC Style
                                                                                                                              Black.                                               RollUp
                                                                                                                                                                                   Captions
5............................  Left........  Left-to-right  Bottom-to-top  Yes....  Snap........  n/a.........  n/a........  n/a.........  Transparent  None.......  n/a........  RollUp
                                                                                                                                                                                   Captions w/o
                                                                                                                                                                                   Black
                                                                                                                                                                                   Background
6............................  Cntr........  Left-to-right  Bottom-to-top  Yes....  Snap........  n/a.........  n/a........  (0,0,0)       Solid......  None.......  n/a........  NTSC Style
                                                                                                                              Black.                                               Centered
                                                                                                                                                                                   RollUp
                                                                                                                                                                                   Captions
7............................  Left........  Top-to-bottom  Right-to-left  No.....  Snap........  n/a.........  n/a........  (0,0,0)       Solid......  None.......  n/a........  Ticker Tape
                                                                                                                              Black.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                               Table 5--Predefined Pen Style ID's
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                     Foregrnd     Foregrnd     Backgrnd     Backgrnd
      Predefined style ID          Pen size      Font style       Offset      Italics     Underline    Edge type      color       opacity       color       opacity     Edge color      Usage
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................  Stndr........  0............  Normal.......  No.......  No..........  None.......  (2,2,2)      Solid......  (0,0,0)      Solid......  n/a........  Default NTSC
                                                                                                                    White.                    Black.                                 Style*

[[Page 808]]

 
2.............................  Stndr........  1............  Normal.......  No.......  No..........  None.......  (2,2,2)....  Solid......  (0,0,0)      Solid......  n/a........  NTSC Style*
                                                                                                                                              White.                                 Mono w/
                                                                                                                                                                                     Serif
3.............................  Stndr........  2............  Normal.......  No.......  No..........  None.......  (2,2,2)      Solid......  (0,0,0)      Solid......  n/a........  NTSC Style*
                                                                                                                    White.                    Black.                                 Prop w/
                                                                                                                                                                                     Serif
4.............................  Stndr........  3............  Normal.......  No.......  No..........  None.......  (2,2,2)      Solid......  (0,0,0)      Solid......  n/a........  NTSC Style*
                                                                                                                    White.                    Black.                                 Mono w/o
                                                                                                                                                                                     Serif
5.............................  Stndr........  4............  Normal.......  No.......  No..........  None.......  (2,2,2)      Solid......  (0,0,0)      Solid......  n/a........  NTSC Style*
                                                                                                                    White.                    Black.                                 Prop w/o
                                                                                                                                                                                     Serif
6.............................  Stndr........  3............  Normal.......  No.......  No..........  Unifrm.....  (2,2,2)      Solid......  n/a........  Transparent  (0,0,0)      Mono w/o
                                                                                                                    White.                                              Black.       Serif,
                                                                                                                                                                                     Bordered
                                                                                                                                                                                     Text, No BG
7.............................  Stndr........  4............  Normal.......  No.......  No..........  Unifrm.....  (2,2,2)      Solid......  n/a........  Transparent  (0,0,0)      Prop. w/o
                                                                                                                    White.                                              Black.       Serif,
                                                                                                                                                                                     Bordered
                                                                                                                                                                                     Text, No BG
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*``NTSC Style''--White Text on Black Background


[[Page 809]]

    (j) Pen size. (1) Decoders must support the standard, large, and 
small pen sizes and must allow the caption provider to choose a pen size 
and allow the viewer to choose an alternative size. The STANDARD pen 
size should be implemented such that the height of the tallest character 
in any implemented font is no taller than \1/15\ of the height of the 
safe-title area, and the width of the widest character is no wider than 
\1/32\ of the width of the safe-title area for 4:3 displays and \1/42\ 
of the safe-title area width for 16:9 displays.
    (2) The LARGE pen size should be implemented such that the width of 
the widest character in any implemented font is no wider than \1/32\ of 
the safe-title area for 16:9 displays. This recommendation allows for 
captions to grow to a LARGE pen size without having to reformat the 
caption since no caption will have more than 32 characters per row.
    (k) Font styles. (1) Decoders must support the eight fonts listed 
below. Caption providers may specify 1 of these 8 font styles to be used 
to write caption text. The styles specified in the ``font style'' 
parameter of the SetPenAttributes command are numbered from 0 through 7. 
The following is a list of the 8 required font styles. For information 
purposes only, each font style references one or more popular fonts 
which embody the characteristics of the style:
    (i) 0--Default (undefined)
    (ii) 1--Monospaced with serifs (similar to Courier)
    (iii) 2--Proportionally spaced with serifs (similar to Times New 
Roman)
    (iv) 3--Monospaced without serifs (similar to Helvetica Monospaced)
    (v) 4--Proportionally spaced without serifs (similar to Arial and 
Swiss)
    (vi) 5--Casual font type (similar to Dom and Impress)
    (vii) 6--Cursive font type (similar to Coronet and Marigold)
    (viii) 7--Small capitals (similar to Engravers Gothic)
    (2) Font styles may be implemented in any typeface which the decoder 
manufacturer deems to be a readable rendition of the font style, and 
need not be in the exact typefaces given in the example above. Decoders 
must include the ability for consumers to choose among the eight fonts. 
The decoder must display the font chosen by the caption provider unless 
the viewer chooses a different font.
    (l) Character offsetting. Decoders need not implement the character 
offsetting (i.e., subscript and superscript) pen attributes.
    (m) Pen styles. At a minimum, decoders must implement normal, 
italic, and underline pen styles.
    (n) Foreground color and opacity. (1) At a minimum, decoders must 
implement transparent, translucent, solid and flashing character 
foreground type attributes.
    (2) At a minimum, decoders must implement the following character 
foreground colors: white, black, red, green, blue, yellow, magenta and 
cyan.
    (3) Caption providers may specify the color/opacity. Decoders must 
include the ability for consumers to choose among the color/opacity 
options. The decoder must display the color/opacity chosen by the 
caption provider unless the viewer chooses otherwise.
    (o) Background color and opacity. (1) Decoders must implement the 
following background colors: white, black, red, green, blue, yellow, 
magenta and cyan. It is recommended that this background is extended 
beyond the character foreground to a degree that the foreground is 
separated from the underlying video by a sufficient number of background 
pixels to insure the foreground is separated from the background.
    (2) Decoders must implement transparent, translucent, solid and 
flashing background type attributes. Caption providers may specify the 
color/opacity. Decoders must include the ability for consumers to choose 
among the color/opacity options. The decoder must display the color/
opacity chosen by the caption provider unless the viewer chooses 
otherwise.
    (p) Character edges. Decoders must implement separate edge color and 
type attribute control.
    (q) Color representation. (1) At a minimum, decoders must support 
the 8 colors listed in Table 6.

[[Page 810]]



                    Table 6--Minimum Color List Table
------------------------------------------------------------------------
                    Color                        Red     Green     Blue
------------------------------------------------------------------------
Black........................................        0        0        0
White........................................        2        2        2
Red..........................................        2        0        0
Green........................................        0        2        0
Blue.........................................        0        0        2
Yellow.......................................        2        2        0
Magenta......................................        2        0        2
Cyan.........................................        0        2        2
------------------------------------------------------------------------

    (2)(i) When a decoder supporting this Minimum Color List receives an 
RGB value not in the list, it will map the received value to one of the 
values in the list via the following algorithm:
    (A) All one (1) values are to be changed to 0.
    (B) All two (2) values are to remain unchanged.
    (C) All three (3) values are to be changed to 2.
    (ii) For example, the RGB value (1,2,3) will be mapped to (0,2,2), 
(3,3,3) will be mapped to (2,2,2) and (1,1,1) will be mapped to (0,0,0).
    (3) Table 7 is an alternative minimum color list table supporting 22 
colors.

              Table 7--Alternative Minimum Color List Table
------------------------------------------------------------------------
                    Color                        Red     Green     Blue
------------------------------------------------------------------------
Black........................................        0        0        0
Gray.........................................        1        1        1
White........................................        2        2        2
Bright White.................................        3        3        3
Dark Red.....................................        1        0        0
Red..........................................        2        0        0
Bright Red...................................        3        0        0
Dark Green...................................        0        1        0
Green........................................        0        2        0
Bright Green.................................        0        3        0
Dark Blue....................................        0        0        1
Blue.........................................        0        0        2
Bright Blue..................................        0        0        3
Dark Yellow..................................        1        1        0
Yellow.......................................        2        2        0
Bright Yellow................................        3        3        0
Dark Magenta.................................        1        0        1
Magenta......................................        2        0        2
Bright Magenta...............................        3        0        3
Dark Cyan....................................        0        1        1
Cyan.........................................        0        2        2
Bright Cyan..................................        0        3        3
------------------------------------------------------------------------

    (i) When a decoder supporting the Alternative Minimum Color List in 
Table 7 receives an RGB value not in the list (i.e., an RGB value whose 
non-zero elements are not the same value), it will map the received 
value to one of the values in the list via the following algorithm:
    (A) For RGB values with all elements non-zero and different--e.g., 
(1,2,3), (3,2,1), and (2,1,3), the 1 value will be changed to 0, the 2 
value will remain unchanged, and the 3 value will be changed to 2.
    (B) For RGB values with all elements non-zero and with two common 
elements--e.g., (3,1,3), (2,1,2), and (2,2,3), if the common elements 
are 3 and the uncommon one is 1, then the 1 elements is changed to 0; 
e.g. (3,1,3) [rarr] (3,0,3). If the common elements are 1 and the 
uncommon element is 3, then the 1 elements are changed to 0, and the 3 
element is changed to 2; e.g. (1,3,1) [rarr] (0,2,0). In all other 
cases, the uncommon element is changed to the common value; e.g., 
(2,2,3) [rarr] (2,2,2), (1,2,1) [rarr] (1,1,1), and (3,2,3) [rarr] 
(3,3,3).
    (ii) All decoders not supporting either one of the two color lists 
described above, must support the full 64 possible RGB color value 
combinations.
    (r) Character rendition considerations. In NTSC Closed Captioning, 
decoders were required to insert leading and trailing spaces on each 
caption row. There were two reasons for this requirement:
    (1) To provide a buffer so that the first and last characters of a 
caption row do not fall outside the safe title area, and
    (2) To provide a black border on each side of a character so that 
the ``white'' leading pixels of the first character on a row and the 
trailing ``white'' pixels of the last character on a row do not bleed 
into the underlying video.
    (i) Since caption windows are required to reside in the safe title 
area of the DTV screen, reason 1 (above) is not applicable to DTVCC 
captions.
    (ii) The attributes available in the SetPenAttributes command for 
character rendition (e.g., character background and edge attributes) 
provide unlimited flexibility to the caption provider when describing 
caption text in an ideal decoder implementation. However, manufacturers 
need not implement all pen attributes. Thus it is recommended that no 
matter what the level of implementation, decoder manufacturers should 
take into account the readability of all caption text against a variety 
of all video backgrounds, and should implement some

[[Page 811]]

automatic character delineation when the individual control of character 
foreground, background and edge is not supported.
    (s) Service synchronization. Service Input Buffers must be at least 
128 bytes in size. Caption providers must keep this lower limit in mind 
when following Delay commands with other commands and window text. In 
other words, no more than 128 bytes of DTVCC commands and text should be 
transmitted (encoded) before a pending Delay command's delay interval 
expires.
    (t) Settings. Decoders must include an option that permits a viewer 
to choose a setting that will display captions as intended by the 
caption provider (a default). Decoders must also include an option that 
allows a viewer's chosen settings to remain until the viewer chooses to 
alter these settings, including periods when the television is turned 
off.

[65 FR 58471, Sept. 29, 2000, as amended at 69 FR 2849, Jan. 21, 2004. 
Redesignated and amended at 77 FR 19515, 19518, Mar. 30, 2012; 78 FR 
39627, July 2, 2013]



Sec. 79.103  Closed caption decoder requirements for apparatus.

    (a) Effective January 1, 2014, all digital apparatus designed to 
receive or play back video programming transmitted simultaneously with 
sound, if such apparatus is manufactured in the United States or 
imported for use in the United States and uses a picture screen of any 
size must be equipped with built-in closed caption decoder circuitry or 
capability designed to display closed-captioned video programming 
pursuant to the provisions of this section, if technically feasible, 
except that apparatus that use a picture screen less than 13 inches in 
size must comply with the provisions of this section only if doing so is 
achievable as defined in this section.

    Note 1 to paragraph (a): Apparatus includes the physical device and 
the video player(s) capable of displaying video programming transmitted 
simultaneously with sound that manufacturers install into the devices 
they manufacture before sale, whether in the form of hardware, software, 
or a combination of both, as well as any video players capable of 
displaying video programming transmitted simultaneously with sound that 
manufacturers direct consumers to install after sale.

    Note 2 to paragraph (a): This paragraph places no restrictions on 
the importing, shipping, or sale of apparatus that were manufactured 
before January 1, 2014.

    (b) Exempt apparatus--(1) Display-only monitors. Apparatus or class 
of apparatus that are display-only video monitors with no playback 
capability are not required to comply with the provisions of this 
section.
    (2) Professional or commercial equipment. Apparatus or class of 
apparatus that are professional or commercial equipment not typically 
used by the public are not required to comply with the provisions of 
this section.
    (3)(i) Achievable. Manufacturers of apparatus that use a picture 
screen of less than 13 inches in size may petition the Commission for a 
full or partial exemption from the closed captioning requirements of 
this section pursuant to Sec. 1.41 of this chapter, which the 
Commission may grant upon a finding that the requirements of this 
section are not achievable, or may assert that such apparatus is fully 
or partially exempt as a response to a complaint, which the Commission 
may dismiss upon a finding that the requirements of this section are not 
achievable.
    (ii) The petitioner or respondent must support a petition for 
exemption or a response to a complaint with sufficient evidence to 
demonstrate that compliance with the requirements of this section is not 
``achievable'' where ``achievable'' means with reasonable effort or 
expense. The Commission will consider the following factors when 
determining whether the requirements of this section are not 
``achievable:''
    (A) The nature and cost of the steps needed to meet the requirements 
of this section with respect to the specific equipment or service in 
question;
    (B) The technical and economic impact on the operation of the 
manufacturer or provider and on the operation of the specific equipment 
or service in question, including on the development and deployment of 
new communications technologies;
    (C) The type of operations of the manufacturer or provider; and
    (D) The extent to which the service provider or manufacturer in 
question

[[Page 812]]

offers accessible services or equipment containing varying degrees of 
functionality and features, and offered at differing price points.
    (4) Waiver. Manufacturers of apparatus may petition the Commission 
for a full or partial waiver of the closed captioning requirements of 
this section, which the Commission may grant, upon a finding that the 
apparatus meets one of the following provisions:
    (i) The apparatus is primarily designed for activities other than 
receiving or playing back video programming transmitted simultaneously 
with sound; or
    (ii) The apparatus is designed for multiple purposes, capable of 
receiving or playing back video programming transmitted simultaneously 
with sound but whose essential utility is derived from other purposes.
    (c) Specific technical capabilities. All apparatus subject to this 
section shall implement the following captioning functionality:
    (1) Presentation. All apparatus shall implement captioning such that 
the caption text may be displayed within one or separate caption windows 
and supporting the following modes: text that appears all at once (pop-
on), text that scrolls up as new text appears (roll-up), and text where 
each new letter or word is displayed as it arrives (paint-on).
    (2) Character color. All apparatus shall implement captioning such 
that characters may be displayed in the 64 colors defined in CEA-708 and 
such that users are provided with the ability to override the authored 
color for characters and select from a palette of at least 8 colors 
including: white, black, red, green, blue, yellow, magenta, and cyan.
    (3) Character opacity. All apparatus shall implement captioning such 
that users are provided with the ability to vary the opacity of 
captioned text and select between opaque and semi-transparent opacities.
    (4) Character size. All apparatus shall implement captioning such 
that users are provided with the ability to vary the size of captioned 
text and shall provide a range of such sizes from 50% of the default 
character size to 200% of the default character size.
    (5) Fonts. All apparatus shall implement captioning such that fonts 
are available to implement the eight fonts required by CEA-708 and Sec. 
79.102(k). Users must be provided with the ability to assign the fonts 
included on their apparatus as the default font for each of the eight 
styles contained in Sec. 79.102(k).
    (6) Caption background color and opacity. All apparatus shall 
implement captioning such that the caption background may be displayed 
in the 64 colors defined in CEA-708 and such that users are provided 
with the ability to override the authored color for the caption 
background and select from a palette of at least 8 colors including: 
white, black, red, green, blue, yellow, magenta, and cyan. All apparatus 
shall implement captioning such that users are provided with the ability 
to vary the opacity of the caption background and select between opaque, 
semi-transparent, and transparent background opacities.
    (7) Character edge attributes. All apparatus shall implement 
captioning such that character edge attributes may be displayed and 
users are provided the ability to select character edge attributes 
including: no edge attribute, raised edges, depressed edges, uniform 
edges, and drop shadowed edges.
    (8) Caption window color. All apparatus shall implement captioning 
such that the caption window color may be displayed in the 64 colors 
defined in CEA-708 and such that users are provided with the ability to 
override the authored color for the caption window and select from a 
palette of at least 8 colors including: white, black, red, green, blue, 
yellow, magenta, and cyan. All apparatus shall implement captioning such 
that users are provided with the ability to vary the opacity of the 
caption window and select between opaque, semi-transparent, and 
transparent background opacities.
    (9) Language. All apparatus must implement the ability to select 
between caption tracks in additional languages when such tracks are 
present and provide the ability for the user to select simplified or 
reduced captions when such captions are available and identify such a 
caption track as ``easy reader.''

[[Page 813]]

    (10) Preview and setting retention. All apparatus must provide the 
ability for the user to preview default and user selection of the 
caption features required by this section, and must retain such settings 
as the default caption configuration until changed by the user.
    (11) Safe Harbor. Apparatus which implement Society of Motion 
Picture and Television Engineers Timed Text format (SMPTE ST 2052-1:2010 
incorporated by reference, see Sec. 79.100) with respect to the 
functionality in paragraphs (c)(1) through (10) of this section shall be 
deemed in compliance with paragraph (c) of this section.

    Note to paragraph (c): Where video programming providers or 
distributors subject to Sec. 79.4 of this part display or render 
captions, they shall implement the functional requirements contained in 
paragraphs (c)(1) through (10) of this section unless doing so is 
economically burdensome as defined in Sec. 79.4(d).

    (d) Interconnection. All video outputs of covered apparatus shall be 
capable of conveying from the source device to the consumer equipment 
the information necessary to permit or render the display of closed 
captions.

[77 FR 19518, Mar. 30, 2012, as amended at 78 FR 39628, July 2, 2013]



Sec. 79.104  Closed caption decoder requirements for recording devices.

    (a) Effective January 1, 2014, all apparatus designed to record 
video programming transmitted simultaneously with sound, if such 
apparatus is manufactured in the United States or imported for use in 
the United States, must comply with the provisions of this section 
except that apparatus must only do so if it is achievable as defined in 
Sec. 79.103(b)(3).

    Note to paragraph (a): This paragraph places no restrictions on the 
importing, shipping, or sale of apparatus that were manufactured before 
January 1, 2014.

    (b) All apparatus subject to this section must enable the rendering 
or the pass through of closed captions such that viewers are able to 
activate and de-activate the closed captions as the video programming is 
played back as described in Sec. 79.103(c).
    (c) All apparatus subject to this section must comply with the 
interconnection mechanism requirements in Sec. 79.103(d).

[77 FR 19520, Mar. 30, 2012, as amended at 78 FR 39628, July 2, 2013]



Sec. 79.105  Audio description and emergency information accessibility 
requirements for all apparatus.

    (a) Effective May 26, 2015, all apparatus that is designed to 
receive or play back video programming transmitted simultaneously with 
sound that is provided by entities subject to Sec. Sec. 79.2 and 79.3, 
is manufactured in the United States or imported for use in the United 
States, and uses a picture screen of any size, must have the capability 
to decode and make available the secondary audio stream if technically 
feasible, unless otherwise provided in this section, which will 
facilitate the following services:
    (1) The transmission and delivery of audio description services as 
required by Sec. 79.3; and
    (2) Emergency information (as that term is defined in Sec. 79.2) in 
a manner that is accessible to individuals who are blind or visually 
impaired.

    Note 1 to paragraph (a): Apparatus includes the physical device and 
the video player(s) capable of displaying video programming transmitted 
simultaneously with sound that manufacturers install into the devices 
they manufacture before sale, whether in the form of hardware, software, 
or a combination of both, as well as any video players capable of 
displaying video programming transmitted simultaneously with sound that 
manufacturers direct consumers to install after sale.
    Note 2 to paragraph (a): This paragraph places no restrictions on 
the importing, shipping, or sale of apparatus that were manufactured 
before May 26, 2015.

    (b) Exempt apparatus--(1) Display-only monitors. Apparatus or class 
of apparatus that are display-only video monitors with no playback 
capability are not required to comply with the provisions of this 
section.
    (2) Professional or commercial equipment. Apparatus or class of 
apparatus that are professional or commercial equipment not typically 
used by the public are not required to comply with the provisions of 
this section.
    (3)(i) Apparatus that use a picture screen of less than 13 inches in 
size must comply with the provisions of

[[Page 814]]

this section only if doing so is achievable as defined in this section. 
Manufacturers of apparatus that use a picture screen of less than 13 
inches in size may petition the Commission for a full or partial 
exemption from the audio description and emergency information 
requirements of this section pursuant to Sec. 1.41 of this chapter, 
which the Commission may grant upon a finding that the requirements of 
this section are not achievable, or may assert that such apparatus is 
fully or partially exempt as a response to a complaint, which the 
Commission may dismiss upon a finding that the requirements of this 
section are not achievable.
    (ii) The petitioner or respondent must support a petition for 
exemption or a response to a complaint with sufficient evidence to 
demonstrate that compliance with the requirements of this section is not 
``achievable'' where ``achievable'' means with reasonable effort or 
expense. The Commission will consider the following factors when 
determining whether the requirements of this section are not 
``achievable:''
    (A) The nature and cost of the steps needed to meet the requirements 
of this section with respect to the specific equipment or service in 
question;
    (B) The technical and economic impact on the operation of the 
manufacturer or provider and on the operation of the specific equipment 
or service in question, including on the development and deployment of 
new communications technologies;
    (C) The type of operations of the manufacturer or provider; and
    (D) The extent to which the service provider or manufacturer in 
question offers accessible services or equipment containing varying 
degrees of functionality and features, and offered at differing price 
points.
    (4) Waiver. Manufacturers of apparatus may petition the Commission 
for a full or partial waiver of the requirements of this section, which 
the Commission may grant upon a finding that the apparatus meets one of 
the following provisions:
    (i) The apparatus is primarily designed for activities other than 
receiving or playing back video programming transmitted simultaneously 
with sound; or
    (ii) The apparatus is designed for multiple purposes, capable of 
receiving or playing back video programming transmitted simultaneously 
with sound but whose essential utility is derived from other purposes.
    (c) Interconnection. Covered apparatus shall use interconnection 
mechanisms that make available the audio provided via a secondary audio 
stream.
    (d) Beginning December 20, 2016, all apparatus subject to this 
section must provide a simple and easy to use mechanism for activating 
the secondary audio stream for audible emergency information.
    Note to paragraph (d): This paragraph places no restrictions on the 
importing, shipping, or sale of navigation devices that were 
manufactured before December 20, 2016.

[78 FR 31798, May 24, 2013, as amended at 80 FR 39715, July 10, 2015; 85 
FR 76486, Nov. 30, 2020]



Sec. 79.106  Audio description and emergency information accessibility
requirements for recording devices.

    (a) Effective May 26, 2015, all apparatus that is designed to record 
video programming transmitted simultaneously with sound that is provided 
by entities subject to Sec. Sec. 79.2 and 79.3 and is manufactured in 
the United States or imported for use in the United States, must comply 
with the provisions of this section except that apparatus must only do 
so if it is achievable as defined in Sec. 79.105(b)(3).

    Note 1 to paragraph (a): Apparatus includes the physical device and 
the video player(s) capable of displaying video programming transmitted 
simultaneously with sound that manufacturers install into the devices 
they manufacture before sale, whether in the form of hardware, software, 
or a combination of both, as well as any video players capable of 
displaying video programming transmitted simultaneously with sound that 
manufacturers direct consumers to install after sale.
    Note 2 to paragraph (a): This paragraph places no restrictions on 
the importing, shipping, or sale of apparatus that were manufactured 
before May 26, 2015.

    (b) All apparatus subject to this section must enable the 
presentation or the pass through of the secondary audio stream, which 
will facilitate the

[[Page 815]]

provision of audio description signals and emergency information (as 
that term is defined in Sec. 79.2) such that viewers are able to 
activate and de-activate the audio description as the video programming 
is played back on a picture screen of any size.
    (c) All apparatus subject to this section must comply with the 
interconnection mechanism requirements in Sec. 79.105(c).

[78 FR 31798, May 24, 2013, as amended at 85 FR 76486, Nov. 30, 2020]



Sec. 79.107  User interfaces provided by digital apparatus.

    (a)(1) A manufacturer of digital apparatus manufactured in or 
imported for use in the United States and designed to receive or play 
back video programming transmitted in digital format simultaneously with 
sound, including apparatus designed to receive or display video 
programming transmitted in digital format using Internet protocol, must 
ensure that digital apparatus be designed, developed, and fabricated so 
that control of appropriate built-in functions included in the digital 
apparatus are accessible to and usable by individuals who are blind or 
visually impaired. Digital apparatus do not include navigation devices 
as defined in Sec. 76.1200 of this chapter. Manufacturers must comply 
with the provisions of this section only if achievable as defined in 
Sec. 79.107(c)(2).
    Note 1 to paragraph (a)(1): The term digital apparatus as used in 
this section includes the physical device and the video player(s) 
capable of displaying video programming transmitted in digital format 
simultaneously with sound that manufacturers install into the devices 
they manufacture before sale, whether in the form of hardware, software, 
or a combination of both, as well as any video players capable of 
displaying video programming in digital format transmitted 
simultaneously with sound that manufacturers direct consumers to install 
after sale. The term software includes third-party applications that are 
pre-installed on a device by the manufacturer or that the manufacturer 
directs consumers to install after sale.
    Note 2 to paragraph (a)(1): This paragraph places no restrictions on 
the importing, shipping, or sale of digital apparatus manufactured 
before the applicable compliance deadline for this section.
    (2) If on-screen text menus or other visual indicators built in to 
the digital apparatus are used to access the appropriate built-in 
apparatus functions, manufacturers of the digital apparatus must ensure 
that those functions are accompanied by audio output that is either 
integrated or peripheral to the digital apparatus, so that such menus or 
indicators are accessible to and usable by individuals who are blind or 
visually impaired in real time.
    (3) For appropriate built-in digital apparatus functions that are 
not accessed through on screen text menus or other visual indicators, 
i.e., those that are not required to be accompanied by audio output in 
accordance with paragraph (a)(2) of this section, manufacturers of 
digital apparatus must make such functions accessible to individuals who 
are blind or visually impaired by ensuring that the input, control, and 
mechanical functions are locatable, identifiable, and operable in 
accordance with each of the following, assessed independently:
    (i) Operable without vision. The digital apparatus must provide at 
least one mode that does not require user vision.
    (ii) Operable with low vision and limited or no hearing. The digital 
apparatus must provide at least one mode that permits operation by users 
with visual acuity between 20/70 and 20/200, without relying on audio 
output.
    (iii) Operable with little or no color perception. The digital 
apparatus must provide at least one mode that does not require user 
color perception.
    (4) Appropriate built-in apparatus functions are those functions 
that are used for receiving, playing back, or displaying video 
programming, and include the following functions:
    (i) Power On/Off. Function that allows the user to turn the device 
on or off.
    (ii) Volume Adjust and Mute. Function that allows the user to adjust 
the volume and to mute or un-mute the volume.
    (iii) Channel/Program Selection. Function that allows the user to 
select channels and programs (e.g., via physical numeric or channel up/
channel down buttons or via on screen guides and menus).

[[Page 816]]

    (iv) Display Channel/Program Information. Function that allows the 
user to display channel or program information.
    (v) Configuration--Setup. Function that allows the user to access 
and change configuration or setup options (e.g., configuration of video 
display and audio settings, selection of preferred language for onscreen 
guides or menus, etc.).
    (vi) Configuration--CC Control. Function that allows the user to 
enable or disable the display of closed captioning.
    (vii) Configuration--CC Options. Function that allows the user to 
modify the display of closed caption data (e.g., configuration of the 
font size, font color, background color, opacity, etc.).
    (viii) Configuration--audio description control. Function that 
allows the user to enable or disable the output of audio description 
(i.e., allows the user to change from the main audio to the secondary 
audio stream that contains audio description, and from the secondary 
audio stream back to the main audio).
    (ix) Display Configuration Info. Function that allows the user to 
display how user preferences are currently configured.
    (x) Playback Functions. Function that allows the user to control 
playback functions (e.g., pause, play, rewind, fast forward, stop, and 
record).
    (xi) Input Selection. Function that allows the user to select their 
preferred input source.
    (5) As used in this section, the term ``usable'' shall mean that 
individuals with disabilities have access to information and 
documentation on the full functionalities of digital apparatus, 
including instructions, product information (including accessible 
feature information), documentation, bills, and technical support which 
are provided to individuals without disabilities.
    (b) Compliance deadline. Compliance with the requirements of this 
section is required no later than December 20, 2016; except that 
compliance with the requirements of this section is required no later 
than December 20, 2021 for the following digital apparatus:
    (1) Display-only monitors and video projectors;
    (2) Devices that are primarily designed to capture and display still 
and/or moving images consisting of consumer generated media, or of other 
images that are not video programming as defined under Sec. 79.4(a)(1) 
of this part, and that have limited capability to display video 
programming transmitted simultaneously with sound; and
    (3) Devices that are primarily designed to display still images and 
that have limited capability to display video programming transmitted 
simultaneously with sound.
    (c)(1) Achievable. Manufacturers of digital apparatus:
    (i) May file a petition seeking a determination from the Commission, 
pursuant to Sec. 1.41 of this chapter, that compliance with the 
requirements of this section is not achievable, which the Commission may 
grant upon a finding that such compliance is not achievable, or
    (ii) May raise as a defense to a complaint or Commission enforcement 
action that a particular digital apparatus does not comply with the 
requirements of this section because compliance was not achievable, and 
the Commission may dismiss a complaint or Commission enforcement action 
upon a finding that such compliance is not achievable.
    (2) The petitioner or respondent must support a petition filed 
pursuant to paragraph (c)(1) of this section or a response to a 
complaint or Commission enforcement action with sufficient evidence to 
demonstrate that compliance with the requirements of this section is not 
``achievable.'' ``Achievable'' means with reasonable effort or expense. 
The Commission will consider the following factors when determining 
whether compliance with the requirements of this section is not 
``achievable'' under the factors set out in 47 U.S.C. 617(g):
    (i) The nature and cost of the steps needed to meet the requirements 
of this section with respect to the specific equipment or service in 
question;
    (ii) The technical and economic impact on the operation of the 
manufacturer or provider and on the operation of the specific equipment 
or service in question, including on the development and deployment of 
new communications technologies;

[[Page 817]]

    (iii) The type of operations of the manufacturer or provider; and
    (iv) The extent to which the service provider or manufacturer in 
question offers accessible services or equipment containing varying 
degrees of functionality and features, and offered at differing price 
points.
    (d)(1) Information, documentation, and training. Manufacturers of 
digital apparatus shall ensure access to information and documentation 
it provides to its customers, if achievable. Such information and 
documentation includes user guides, bills, installation guides for end-
user installable devices, and product support communications, regarding 
both the product in general and the accessibility features of the 
product. Manufacturers shall take such other achievable steps as 
necessary including:
    (i) Providing a description of the accessibility and compatibility 
features of the product upon request, including, as needed, in alternate 
formats or alternate modes at no additional charge;
    (ii) Providing end-user product documentation in alternate formats 
or alternate modes upon request at no additional charge; and
    (iii) Ensuring usable customer support and technical support in the 
call centers and service centers which support their products at no 
additional charge.
    (2) Manufacturers of digital apparatus shall include in general 
product information the contact method for obtaining the information 
required by paragraph (d)(1) of this section.
    (3) In developing, or incorporating existing training programs, 
manufacturers of digital apparatus shall consider the following topics:
    (i) Accessibility requirements of individuals with disabilities;
    (ii) Means of communicating with individuals with disabilities;
    (iii) Commonly used adaptive technology used with the manufacturer's 
products;
    (iv) Designing for accessibility; and
    (v) Solutions for accessibility and compatibility.
    (e) Notices. Digital apparatus manufacturers must notify consumers 
that digital apparatus with the required accessibility features are 
available to consumers as follows: A digital apparatus manufacturer must 
provide notice on its official Web site about the availability of 
accessible digital apparatus. A digital apparatus manufacturer must 
prominently display information about accessible digital apparatus on 
its Web site in a way that makes such information available to all 
consumers. The notice must publicize the availability of accessible 
devices and the specific person, office or entity who can answer 
consumer questions about which products contain the required 
accessibility features. The contact office or person listed on the Web 
site must be able to answer both general and specific questions about 
the availability of accessible equipment, including, if necessary, 
providing information to consumers or directing consumers to a place 
where they can locate information about how to activate and use 
accessibility features. All information required by this section must be 
provided in a Web site format that is accessible to people with 
disabilities.

[78 FR 77251, Dec. 20, 2013, as amended at 81 FR 5936, Feb. 4, 2016; 85 
FR 76486, Nov. 30, 2020]



Sec. 79.108  Video programming guides and menus provided by navigation
devices.

    (a)(1) Manufacturers that place navigation devices, as defined by 
Sec. 76.1200 of this chapter, into the chain of commerce for purchase 
by consumers, and multichannel video programming distributors 
(``MVPDs'') as defined by Sec. 76.1200 of this chapter that lease or 
sell such devices must ensure that the on-screen text menus and guides 
provided by navigation devices for the display or selection of 
multichannel video programming are audibly accessible in real time upon 
request by individuals who are blind or visually impaired. Manufacturers 
and MVPDs must comply with the provisions of this section only if doing 
so is achievable as defined in Sec. 79.108(c)(2).
    Note 1 to paragraph (a)(1): This paragraph places no restrictions on 
the importing, shipping, or sale of navigation devices manufactured 
before the applicable compliance deadline for this section.
    Note 2 to paragraph (a)(1): In determining whether a particular 
device is considered a

[[Page 818]]

``navigation device'' subject to the requirements of this section, the 
Commission will look to the device's built-in functionality at the time 
of manufacture.
    (2) The following functions are used for the display or selection of 
multichannel video programming and must be made audibly accessible by 
manufacturers of navigation devices and MVPDs covered by this section 
when included in a navigation device and accessed through on-screen text 
menus or guides:
    (i) Channel/Program Selection. Function that allows the user to 
select channels and programs (e.g., via physical numeric or channel up/
channel down buttons or via on screen guides and menus).
    (ii) Display Channel/Program Information. Function that allows the 
user to display channel or program information.
    (iii) Configuration--Setup. Function that allows the user to access 
and change configuration or setup options (e.g., configuration of video 
display and audio settings, selection of preferred language for onscreen 
guides or menus, etc.).
    (iv) Configuration--CC Control. Function that allows the user to 
enable or disable the display of closed captioning.
    (v) Configuration--CC Options. Function that allows the user to 
modify the display of closed caption data (e.g., configuration of the 
font size, font color, background color, opacity, etc.).
    (vi) Configuration--audio description control. Function that allows 
the user to enable or disable the output of audio description (i.e., 
allows the user to change from the main audio to the secondary audio 
stream that contains audio description, and from the secondary audio 
stream back to the main audio).
    (vii) Display Configuration Info. Function that allows the user to 
display how user preferences are currently configured.
    (viii) Playback Functions. Function that allows the user to control 
playback functions (e.g., pause, play, rewind, fast forward, stop, and 
record).
    (ix) Input Selection. Function that allows the user to select their 
preferred input source.
    (3) Manufacturers of navigation devices and MVPDs covered by this 
section must ensure that the following functions are made accessible, as 
defined by Sec. 79.107(a)(3), to individuals who are blind or visually 
impaired:
    (i) Power On/Off. Function that allows the user to turn the device 
on or off.
    (ii) Volume Adjust and Mute. Function that allows the user to adjust 
the volume and to mute or un-mute the volume.
    (4) With respect to navigation device features and functions:
    (i) Delivered in software, the requirements set forth in this 
section shall apply to the manufacturer of such software; and
    (ii) Delivered in hardware, the requirements set forth in this 
section shall apply to the manufacturer of such hardware.
    (5) Manufacturers of navigation devices and MVPDs covered by this 
section must permit a requesting blind or visually impaired individual 
to request an accessible navigation device through any means that such 
covered entities generally use to make available navigation devices to 
other consumers. Any such means must not be more burdensome to a 
requesting blind or visually impaired individual than the means required 
for other consumers to obtain navigation devices. A manufacturer that 
provides navigation devices at retail to requesting blind or visually 
impaired consumers must make a good faith effort to have retailers make 
available compliant navigation devices to the same extent they make 
available navigation devices to other consumers generally.
    (6) Manufacturers of navigation devices and MVPDs covered by this 
section must provide an accessible navigation device to a requesting 
blind or visually impaired individual within a reasonable time, defined 
as a time period comparable to the time that such covered entities 
generally provide navigation devices to other consumers.
    (7) Compliance through the use of separate equipment or software. 
Manufacturers of navigation devices and MVPDs covered by this section 
may comply with the requirements of paragraphs (a)(1) through (a)(3) of 
this section

[[Page 819]]

through the use of software, a peripheral device, specialized consumer 
premises equipment, a network-based service or other solution, and shall 
have maximum flexibility to select the manner of compliance. An entity 
that chooses to comply with paragraphs (a)(1) through (a)(3) of this 
section through the use of separate equipment or software must:
    (i) Ensure that any software, peripheral device, equipment, service 
or solution relied upon achieves the accessibility required by this 
section. If a navigation device has any functions that are required to 
be made accessible pursuant to this section, any separate solution must 
make all of those functions accessible or enable the accessibility of 
those functions.
    (ii) Provide any software, peripheral device, equipment, service or 
solution in a manner that is not more burdensome to a requesting blind 
or visually impaired individual than the manner in which such entity 
generally provides navigation devices to other consumers.
    (iii) Provide any software, peripheral device, equipment, service or 
solution at no additional charge.
    (iv) Provide any software, peripheral device, equipment, service or 
solution within a reasonable time, defined as a time period comparable 
to the time that such entity generally provides navigation devices to 
other consumers.
    (8) Manufacturers of navigation devices and MVPDs covered by this 
section shall only be responsible for compliance with the requirements 
of this section with respect to navigation devices that such covered 
entities provide to a requesting blind or visually impaired individual.
    (b) Compliance deadline. Compliance with the requirements of this 
section is required no later than December 20, 2016; except that 
compliance with the requirements of this section is required no later 
than December 20, 2018 for the following covered entities:
    (1) MVPD operators with 400,000 or fewer subscribers as of year-end 
2012; and
    (2) MVPD systems with 20,000 or fewer subscribers that are not 
affiliated with an operator serving more than 10 percent of all MVPD 
subscribers as of year-end 2012.
    (c)(1) Achievable. MVPDs and manufacturers of navigation device 
hardware or software:
    (i) May file a petition seeking a determination from the Commission, 
pursuant to Sec. 1.41 of this chapter, that compliance with the 
requirements of this section is not achievable, which the Commission may 
grant upon a finding that such compliance is not achievable, or
    (ii) May raise as a defense to a complaint or Commission enforcement 
action that a particular navigation device does not comply with the 
requirements of this section because compliance was not achievable, and 
the Commission may dismiss a complaint or Commission enforcement action 
upon a finding that such compliance is not achievable.
    (2) The petitioner or respondent must support a petition filed 
pursuant to paragraph (c)(1) of this section or a response to a 
complaint or Commission enforcement action with sufficient evidence to 
demonstrate that compliance with the requirements of this section is not 
``achievable.'' ``Achievable'' means with reasonable effort or expense. 
The Commission will consider the following factors when determining 
whether compliance with the requirements of this section is not 
``achievable'' under the factors set out in 47 U.S.C. 617(g):
    (i) The nature and cost of the steps needed to meet the requirements 
of this section with respect to the specific equipment or service in 
question;
    (ii) The technical and economic impact on the operation of the 
manufacturer or provider and on the operation of the specific equipment 
or service in question, including on the development and deployment of 
new communications technologies;
    (iii) The type of operations of the manufacturer or provider; and
    (iv) The extent to which the service provider or manufacturer in 
question offers accessible services or equipment containing varying 
degrees of functionality and features, and offered at differing price 
points.
    (d)(1) MVPD notices. Covered MVPDs must notify consumers that 
navigation devices with the required accessibility features are 
available to consumers

[[Page 820]]

who are blind or visually impaired upon request as follows:
    (i) When providing information about equipment options in response 
to a consumer inquiry about service, accessibility, or other issues, 
MVPDs must clearly and conspicuously inform consumers about the 
availability of accessible navigation devices.
    (ii) MVPDs must provide notice on their official Web sites about the 
availability of accessible navigation devices. MVPDs must prominently 
display information about accessible navigation devices and separate 
solutions on their Web sites in a way that makes such information 
available to all current and potential subscribers. The notice must 
publicize the availability of accessible devices and separate solutions 
and explain the means for making requests for accessible equipment and 
the specific person, office or entity to whom such requests are to be 
made. The contact office or person listed on the Web site must be able 
to answer both general and specific questions about the availability of 
accessible equipment, including, if necessary, providing information to 
consumers or directing consumers to a place where they can locate 
information about how to activate and use accessibility features. All 
information required by this section must be provided in a Web site 
format that is accessible to people with disabilities.
    (2) Manufacturer notices. Navigation device manufacturers must 
notify consumers that navigation devices with the required accessibility 
features are available to consumers who are blind or visually impaired 
upon request as follows: A navigation device manufacturer must provide 
notice on its official Web site about the availability of accessible 
navigation devices. A navigation device manufacturer must prominently 
display information about accessible navigation devices and separate 
solutions on its Web site in a way that makes such information available 
to all consumers. The notice must publicize the availability of 
accessible devices and separate solutions and explain the means for 
making requests for accessible equipment and the specific person, office 
or entity to whom such requests are to be made. The contact office or 
person listed on the Web site must be able to answer both general and 
specific questions about the availability of accessible equipment, 
including, if necessary, providing information to consumers or directing 
consumers to a place where they can locate information about how to 
activate and use accessibility features. All information required by 
this section must be provided in a Web site format that is accessible to 
people with disabilities.
    (e) Verification of eligibility. Entities covered by this section 
may only require consumer verification of eligibility as an individual 
who is blind or visually impaired to the extent the entity chooses to 
rely on an accessibility solution that involves providing the consumer 
with sophisticated equipment and/or services at a price that is lower 
than that offered to the general public. In this situation, entities 
covered by this section must allow a consumer to provide a wide array of 
documentation to verify eligibility for the accessibility solution 
provided. Entities covered by this section that choose to require 
verification of eligibility must comply with the requirements of 47 
U.S.C. 338(i)(4)(A) and 47 U.S.C. 631(c)(1) to protect personal 
information gathered from consumers through their verification 
procedures.
    (f)(1) Information, documentation, and training. MVPDs and 
manufacturers of navigation devices shall ensure access to information 
and documentation it provides to its customers, if achievable. Such 
information and documentation includes user guides, bills, installation 
guides for end-user installable devices, and product support 
communications, regarding both the product in general and the 
accessibility features of the product. MVPDs and manufacturers of 
navigation devices shall take such other achievable steps as necessary 
including:
    (i) Providing a description of the accessibility and compatibility 
features of the product upon request, including, as needed, in alternate 
formats or alternate modes at no additional charge;
    (ii) Providing end-user product documentation in alternate formats 
or alternate modes upon request at no additional charge; and

[[Page 821]]

    (iii) Ensuring usable customer support and technical support in the 
call centers and service centers which support their products at no 
additional charge.
    (2) MVPDs and manufacturers of navigation devices shall include in 
general product information the contact method for obtaining the 
information required by paragraph (f)(1) of this section.
    (3) In developing, or incorporating existing training programs, 
MVPDs and manufacturers of navigation devices shall consider the 
following topics:
    (i) Accessibility requirements of individuals with disabilities;
    (ii) Means of communicating with individuals with disabilities;
    (iii) Commonly used adaptive technology used with the manufacturer's 
products;
    (iv) Designing for accessibility; and
    (v) Solutions for accessibility and compatibility.
    (4) If a consumer with a disability requests an accessible 
navigation device pursuant to Section 205, this also constitutes a 
request for a description of the accessibility features of the device 
and end-user product documentation in accessible formats.

[78 FR 77251, Dec. 20, 2013, as amended at 81 FR 5936, Feb. 4, 2016; 85 
FR 76486, Nov. 30, 2020]



Sec. 79.109  Activating accessibility features.

    (a) Requirements applicable to digital apparatus. (1) Manufacturers 
of digital apparatus designed to receive or play back video programming 
transmitted in digital format simultaneously with sound, including 
apparatus designed to receive or display video programming transmitted 
in digital format using Internet protocol, with built-in closed-
captioning capability must ensure that closed captioning can be 
activated through a mechanism that is reasonably comparable to a button, 
key, or icon. Digital apparatus do not include navigation devices as 
defined in Sec. 76.1200 of this chapter.
    (2) Manufacturers of digital apparatus designed to receive or play 
back video programming transmitted in digital format simultaneously with 
sound, including apparatus designed to receive or display video 
programming transmitted in digital format using internet protocol, with 
built-in audio description capability must ensure that audio description 
can be activated through a mechanism that is reasonably comparable to a 
button, key, or icon. Digital apparatus do not include navigation 
devices as defined in Sec. 76.1200 of this chapter.
    Note 1 to paragraph (a): The term digital apparatus includes the 
physical device and the video player(s) capable of displaying video 
programming transmitted in digital format simultaneously with sound that 
manufacturers install into the devices they manufacture before sale, 
whether in the form of hardware, software, or a combination of both, as 
well as any video players capable of displaying video programming in 
digital format transmitted simultaneously with sound that manufacturers 
direct consumers to install after sale. The term software includes 
third-party applications that are pre-installed on a device by the 
manufacturer or that the manufacturer directs consumers to install after 
sale.
    Note 2 to paragraph (a): This paragraph places no restrictions on 
the importing, shipping, or sale of digital apparatus manufactured 
before the applicable compliance deadline for this section.
    (b) Requirements applicable to navigation devices. Manufacturers 
that place navigation devices, as defined in Sec. 76.1200 of this 
chapter, into the chain of commerce for purchase by consumers, and MVPDs 
that lease or sell such navigation devices with built in closed-
captioning capability must ensure that closed captioning can be 
activated through a mechanism that is reasonably comparable to a button, 
key, or icon.
    Note 1 to paragraph (b): In determining whether a particular device 
is considered a ``navigation device'' subject to the requirements of 
this section, the Commission will look to the device's built-in 
functionality at the time of manufacture.
    Note 2 to paragraph (b): This paragraph places no restrictions on 
the importing, shipping, or sale of navigation devices manufactured 
before the applicable compliance deadline for this section.
    (c) Compliance deadline. Compliance with the requirements of this 
section is required no later than December 20, 2016; except that 
compliance with the requirements of this section is required no later 
than December 20, 2018 for the following covered entities: (1) MVPD

[[Page 822]]

operators with 400,000 or fewer subscribers as of year-end 2012; and (2) 
MVPD systems with 20,000 or fewer subscribers that are not affiliated 
with an operator serving more than 10 percent of all MVPD subscribers as 
of year-end 2012.

[78 FR 77251, Dec. 20, 2013, as amended at 85 FR 76486, Nov. 30, 2020]



Sec. 79.110  Complaint procedures for user interfaces, menus and guides,
and activating accessibility features on digital apparatus and 
navigation devices.

    (a) Complaints concerning an alleged violation of the requirements 
of Sec. 79.107, Sec. 79.108, or Sec. 79.109 must be filed in 
accordance with this section. For purposes of this section, a covered 
entity is the entity or entities responsible for compliance with Sec. 
79.107, Sec. 79.108, or Sec. 79.109.
    (1) Complaints must be filed with the Commission or with the covered 
entity within 60 days after the date the complainant experiences a 
problem relating to compliance with the requirements of Sec. 79.107, 
Sec. 79.108, or Sec. 79.109. A complaint filed with the Commission may 
be transmitted to the Consumer and Governmental Affairs Bureau by any 
reasonable means, such as the Commission's online informal complaint 
filing system, letter, facsimile, telephone (voice/TRS/TTY), email, or 
some other method that would best accommodate the complainant's 
disability.
    (2) A complaint should include the following information:
    (i) The complainant's name, address, and other contact information, 
such as telephone number and email address;
    (ii) The name and contact information of the covered entity;
    (iii) Information sufficient to identify the software or digital 
apparatus/navigation device used;
    (iv) The date or dates on which the complainant purchased, acquired, 
or used, or tried to purchase, acquire, or use the digital apparatus/
navigation device;
    (v) A statement of facts sufficient to show that the covered entity 
has violated, or is violating, the Commission's rules;
    (vi) The specific relief or satisfaction sought by the complainant;
    (vii) The complainant's preferred format or method of response to 
the complaint; and
    (viii) If a complaint pursuant to Sec. 79.108, the date that the 
complainant requested an accessible navigation device and the person or 
entity to whom that request was directed.
    (3) If a complaint is filed first with the Commission, the 
Commission will forward a complaint satisfying the above requirements to 
the named covered entity for its response, as well as to any other 
entity that Commission staff determines may be involved. The covered 
entity or entities must respond in writing to the Commission and the 
complainant within 30 days after receipt of the complaint from the 
Commission.
    (4) If a complaint is filed first with the covered entity, the 
covered entity must respond in writing to the complainant within 30 days 
after receipt of a complaint. If the covered entity fails to respond to 
the complainant within 30 days, or the response does not satisfy the 
consumer, the complainant may file the complaint with the Commission 
within 30 days after the time allotted for the covered entity to 
respond. If the consumer subsequently files the complaint with the 
Commission (after filing with the covered entity) and the complaint 
satisfies the above requirements in paragraph 2 of this section, the 
Commission will forward the complaint to the named covered entity for 
its response, as well as to any other entity that Commission staff 
determines may be involved. The covered entity must then respond in 
writing to the Commission and the complainant within 30 days after 
receipt of the complaint from the Commission.
    (5) In response to a complaint, the covered entity must file with 
the Commission sufficient records and documentation to prove that it was 
(and remains) in compliance with the Commission's rules. Conclusory or 
insufficiently supported assertions of compliance will not carry the 
covered entity's burden of proof. If the covered entity admits that it 
was not, or is not, in compliance with the Commission's

[[Page 823]]

rules, it must file with the Commission sufficient records and 
documentation to explain the reasons for its noncompliance, show what 
remedial steps it has taken or will take, and show why such steps have 
been or will be sufficient to remediate the problem.
    (6) The Commission will review all relevant information provided by 
the complainant and the covered entity, as well as any additional 
information the Commission deems relevant from its files or public 
sources. The Commission may request additional information from any 
relevant parties when, in the estimation of Commission staff, such 
information is needed to investigate the complaint or adjudicate 
potential violations of Commission rules. When the Commission requests 
additional information, parties to which such requests are addressed 
must provide the requested information in the manner and within the time 
period the Commission specifies.
    (7) If the Commission finds that a covered entity has violated the 
requirements of Sec. Sec. 79.107, 79.108, or 79.109, it may employ the 
full range of sanctions and remedies available under the Communications 
Act of 1934, as amended, against any or all of the violators.
    (b) Contact information. A covered entity must make contact 
information available for the receipt and handling of complaints. The 
contact information required must include the name of a person with 
primary responsibility for accessibility compliance issues. This contact 
information must also include that person's title or office, telephone 
number, fax number, postal mailing address, and email address. A covered 
entity must keep this information current and update it within 10 
business days of any change.

[[Page 825]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts
  nd 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.


  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  Table of OMB Control Numbers
  List of CFR Sections Affected

[[Page 827]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2023)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 828]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)
        LX  Federal Communications Commission (Parts 6000--6099)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)

[[Page 829]]

      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)

[[Page 830]]

    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)
       CIV  Office of the Intellectual Property Enforcement 
                Coordinator (Part 10400--10499)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)

[[Page 831]]

      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  [Reserved]
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  [Reserved]
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]

[[Page 832]]

      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, and Rural 
                Utilities Service, Department of Agriculture 
                (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Agricultural Marketing Service (Fair Trade Practices 
                Program), Department of Agriculture (Parts 200--
                299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999) [Reserved]

[[Page 833]]

         X  Consumer Financial Protection Bureau (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research, Department of the 
                Treasury (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)

[[Page 834]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399) [Reserved]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

[[Page 835]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance Corporation 
                (Parts 700--799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 836]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799) 
                [Reserved]
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]

[[Page 837]]

        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        VI  Office of the Assistant Secretary, Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--799)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)

[[Page 838]]

        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance

[[Page 839]]

         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Department of Defense, Defense Logistics Agency (Parts 
                1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 840]]

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)

[[Page 841]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  (Parts 103-001--104-099) [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 842]]

       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Federal Acquisition Supply Chain Security
       201  Federal Acquisition Security Council (Parts 201-1--
                201-99)
            Subtitle E [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 843]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

[[Page 844]]

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)

[[Page 845]]

        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)

[[Page 846]]

        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 847]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2023)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 848]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I

[[Page 849]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Office of the Under-Secretary   15, XV
     for
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 850]]

Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 2, LX; 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Permitting Improvement Steering Council   40, IX
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 851]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II

[[Page 852]]

Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Intellectual Property Enforcement Coordinator,    5, CIV
     Office of
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Environmental Enforcement, Bureau    30, II
       of
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice, Department of                            2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Federal Acquisition Regulation                  48, 29

[[Page 853]]

  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI; 47, II

[[Page 854]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, IV, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of          32, XXIV; 47, II
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State, Department of                              2, VI; 22, I; 28, XI

[[Page 855]]

  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury, Department of the                       2, X; 5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 857]]







                      Table of OMB Control Numbers



A list of OMB control numbers for chapter I of title 47 is online; a 
link to the website appears in 47 CFR 0.408. For the convenience of the 
user, Sec.  0.408 is reprinted below.



Sec.  0.408  OMB Control Numbers and expiration dates assigned pursuant to the Paperwork Reduction Act of 1995.

    OMB control numbers and expiration dates for the Commission 
information collection requirements assigned by the Office of Management 
and Budget (``OMB'') pursuant to the Paperwork Reduction Act of 1995, 
Public Law 104-13 can be found at https://www.reginfo.gov/public/do/
PRAMain. The Commission intends that this posting comply with the 
requirement that agencies ``display'' current OMB control numbers and 
expiration dates assigned by the Director, OMB, for each approved 
information collection requirement. Notwithstanding any other provisions 
of law, no person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
(PRA) that does not display a currently valid OMB control number. 
Questions concerning the OMB control numbers and expiration dates should 
be directed to the Secretary, Office of the Secretary, Office of 
Managing Director, Federal Communications Commission, Washington, DC 
20554 by sending an email to [email protected].

[88 FR 21431, Apr. 10, 2023]

[[Page 859]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2018 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.

                                  2018

47 CFR
                                                                   83 FR
                                                                    Page
Chapter I
73 Policy statement..................................18441, 43556, 43773
    Actions on petitions....................................19186, 25949
    Authority citation revised.....................................48963
73.51 Authority citation removed...................................48963
73.69 Authority citation removed...................................48963
73.151 Regulation at 82 FR 51165 eff. date confirmed...............12274
73.154 Regulation at 82 FR 51165 eff. date confirmed...............12274
73.155 Regulation at 82 FR 51165 eff. date confirmed...............12274
73.202 (b) table amended.............................22210, 30368, 33848
73.606 Revised......................................................5544
73.607 Removed......................................................5544
73.610 Removed......................................................5544
73.611 Removed......................................................5544
73.616 (e)(i) introductory text revised; (g) added..................5021
    Note and (a) removed; (b) through (f) redesignated as new (a) 
through (e).........................................................5544
73.622 (i) table amended....................................50036, 66635
73.624 (b)(3) added.................................................5022
    (g)(2)(i) and (ii) revised.....................................19460
73.625 (a)(1) note removed..........................................5544
73.626 (g) added....................................................5022
73.671 (d) removed..................................................5544
73.674 Removed......................................................5544
73.682 (f) added....................................................5022
73.1226 (c) removed................................................65557
73.3526 (e)(11)(iv) removed.........................................5544
    Regulation at 81 FR 76262 eff. date confirmed..................12680
73.3527 (e)(13) removed.............................................5545
    (e) note 1 and note 2 removed; (e)(4) revised; (f) added.......65558
73.3555 (b), notes 4 through 7, and note 9 revised; (c), (d), and 
        note 12 removed; note 2 amended..............................755
73.3613 (d)(2) revised (OMB number pending)..........................757
    Heading, introductory text, (a) introductory text, (2), 
(b)(3)(iii) introductory text, (4), and (d) revised; (a)(3) and 
(e) removed........................................................65558
73.3801 Added (OMB number pending)..................................5022
    Regulation at 83 FR 5022 eff. 7-17-18..........................33144
73.6011 Removed.....................................................5545
73.6016 Removed.....................................................5545
73.6029 Added (OMB number pending)..................................5024
    Regulation at 83 FR 5024 eff. 7-17-18..........................33144
73.8000 (b)(6) and (7) added........................................5026
74 Policy statement................................................18441
74.705 Removed......................................................5545

[[Page 860]]

74.769 Revised.....................................................13683
74.780 Amended.....................................................65559
74.782 Added (OMB number pending)...................................5026
74.782 Regulation at 83 FR 5026 eff. 7-17-18.......................33144
74.787 (a)(5)(viii) revised........................................13683
74.789 Revised.....................................................13683
74.803 Regulation at 82 FR 41560 eff. date confirmed...............23613
74.851 Regulation at 80 FR 71729 eff. date confirmed...............10640
    (l)(4) revised.................................................10643
74.1269 Revised....................................................13683
76 Actions on petitions............................................19461
76.55 (d) note revised..............................................7626
76.56 (h) added.....................................................5028
    (a)(1)(i) and (b) introductory text revised.....................7626
76.57 (e) revised...................................................7626
76.64 (a) revised...................................................7626
76.66 (o) added.....................................................5028
76.105 (b) introductory text revised (OMB number pending)...........7627
76.309 (c) introductory text revised................................7627
76.403 (Subpart I) Removed.........................................61335
76.601 (b) revised (OMB number pending in part).....................7627
76.602 (c) and (d)(3) revised.......................................7627
76.605 Revised......................................................7627
76.606 Revised......................................................7629
76.610 Revised......................................................7629
76.611 Revised......................................................7629
76.612 Introductory text revised....................................7630
76.630 Note 1 and Note 2 removed...................................66157
76.640 (b)(1)(i) revised............................................7630
76.901 (d) removed; (e) and (f) redesignated as new (d) and (e); 
        new (e) revised............................................60775
76.910 (c) amended.................................................60776
76.922 (g)(7) and (n) removed......................................60776
76.923 (i) amended.................................................60776
76.985 (c) amended.................................................60776
76.986 Removed.....................................................60776
76.987 Removed.....................................................60776
76.1502 (d), (e)(2), and (f) revised...............................61136
76.1503 (b)(1) introductory text revised...........................61136
76.1508 (a) revised.................................................7630
76.1509 Revised.....................................................7630
76.1510 Revised.....................................................7630
76.1600 Added; eff. date delayed indefinitely......................66157
76.1601 Revised.....................................................7630
76.1602 (b) introductory text revised...............................7631
76.1610 (f) and (g) removed (OMB number pending)....................7631
76.1614 Revised; eff. date delayed indefinitely....................66158
76.1619 (b) revised; eff. date delayed indefinitely................66158
76.1621 Removed....................................................66158
76.1622 Removed....................................................66158
76.1630 Removed.....................................................5545
76.1700 (d) revised................................................13683
76.1701 (d) revised.................................................7631
76.1714 Heading, (a), and (c) revised..............................13683
76.1804 Introductory text revised (OMB number pending)..............7631
78 Authority citation revised......................................48963
78.67 Revised......................................................13684

                                  2019

47 CFR
                                                                   84 FR
                                                                    Page
Chapter I
73 Policy statement.........................................28751, 37128
73 Compliance notification.........................................40271
73 Notification....................................................61871
73.158 (b) revised..................................................2758
73.202 (b) table amended; authority citation removed...............43526
73.202 (b) table amended.............................45920, 49677, 51067
73.622 (i) table amended.......................9465, 13809, 16414, 30631
73.671 (c)(1) through (4), (6), and (e) revised; (d) added.........41934
    (c)(5) and (7) revised; (e)(1) and (2) added; eff. date 
delayed indefinitely...............................................41935
    Regulation at 84 FR 41935 eff. date 1-21-20....................70037
73.673 Amended; eff. date delayed indefinitely.....................41935
     Regulation at 84 FR 41935 eff. date 1-21-20...................70037
73.801 Amended......................................................2758
73.1230 Removed.....................................................2758
73.1715 (a) amended.................................................2758
73.1725 (c) revised.................................................2758
73.1870 (b)(3) revised..............................................2758
73.2080 (f)(2) revised.............................................21723

[[Page 861]]

73.3526 (e)(11)(ii) and (iii) revised; eff. date delayed 
        indefinitely...............................................41935
    (e)(15) revised; eff. 10-29-19.................................45668
    Regulation at 84 FR 41935 eff. date 1-21-20....................70037
73.3527 (e)(12) revised; eff. 10-29-19.............................45668
73.3555 Note 5 amended.............................................15128
73.3701 Added......................................................11252
74 Policy statement.........................................28751, 37128
74.432 (j) revised; (j) note removed................................2759
74.564 Removed......................................................2759
74.602 (i)(2) table amended........................................63811
74.664 Removed......................................................2759
74.733 (i) and note removed; (j) redesignated as new (i)............2759
74.765 Removed......................................................2759
74.781 (c) revised..................................................2759
74.787 (a)(5)(viii) amended.........................................2759
74.789 Amended......................................................2759
74.832 (j) revised..................................................2759
74.1201 (k) added..................................................27740
74.1201 Regulation at 84 FR 27740 delayed to 8-13-19...............29806
74.1203 (a)(3) and (b) revised (OMB number pending)................27740
74.1203 Regulation at 84 FR 27740 delayed to 8-13-19...............29806
74.1203 Regulation at 84 FR 27740 eff. date confirmed..............37142
74.1204 (f) revised (OMB number pending)...........................27741
74.1204 Regulation at 84 FR 27741 eff. date confirmed..............37142
74.1233 (a)(1) revised.............................................27741
74.1233 Regulation at 84 FR 27741 delayed to 8-13-19...............29806
74.1265 Removed.....................................................2759
74.1281 (c) revised.................................................2759
76.41--76.43 (Subpart C) Heading revised...........................44750
76.42 Added........................................................44750
76.43 Added........................................................44750
76.64 (h) revised; eff. 10-29-19...................................45669
76.66 (c)(5) removed; (d)(1) and (3)(ii) revised; eff. 10-29-19....45669
76.970 (h) removed; (i) and (j) redesignated as new (h) and (i); 
        (a) and new (h) revised....................................28768
    Regulation at 84 FR 28768 eff. 12-18-19........................69342
76.971 (a)(4) removed..............................................28769
76.975 (e) revised; (i) added......................................28769
    Regulation at 84 FR 28769 eff. 12-18-19........................69342
76.1600 Regulation at 83 FR 66157 eff. date confirmed..............34319
76.1614 Regulation at 83 FR 66158 eff. date confirmed..............34319
76.1619 Regulation at 83 FR 66158 eff. date confirmed..............34319
76.1700 (a)(4) removed.............................................18409
76.1705 Removed....................................................18409
78.18 (a)(5)(ii) table amended.....................................63811

                                  2020

47 CFR
                                                                   85 FR
                                                                    Page
Chapter I
73 Policy statement.........................................23486, 43142
    Notification......................................5147, 16567, 61871
    Compliance notification........................................42742
73 Actions on petitions............................................78028
73.202 (b) Table 1 amended.........................................48120
73.239 Removed.....................................................60723
73.402 (h) added...................................................78027
73.403 (a) revised.................................................78027
73.404 (e)(10) revised.............................................18151
    Heading, (a), and (b) revised; (e) removed.....................78027
73.406 Added; eff. date pending....................................78027
73.512 (d) amended.................................................35573
73.622 (c)(1) and (e)(2) amended...................................64408
    (i) table amended..............................................84266
73.623 (c)(2) introductory text amended............................64408
73.635 Removed.....................................................60723
73.682 (f)(2) amended..............................................43492
73.683 (d) amended.................................................64408
73.801 Amended.....................................................36794
73.807 (g)(5) added................................................35573
73.810 (a)(1)(iii) revised.........................................35573
73.816 (b) and (d) revised; (c) removed; eff. date pending.........35573
    Regulation at 85 FR 35573 eff. date confirmed..................68474
73.825 Introductory text added.....................................35573
73.850 (d) added; eff. date pending................................35573
    Regulation at 85 FR 35573 eff. date confirmed..................68474
73.854 Revised......................................................7889
73.860 (b) revised.................................................35573
73.865 Revised; eff. date pending...................................7889
    Regulation at 85 FR 7889 eff. date confirmed...................68474
73.870 (a) revised; eff. date pending..............................35574

[[Page 862]]

    Regulation at 85 FR 35574 eff. date confirmed..................68474
73.871 (c)(3) revised...............................................7889
    (c)(1) and (2) revised.........................................35574
73.872 (c) introductory text revised; (c)(5) added; eff. date 
        pending.....................................................7889
    Regulation at 85 FR 7889 eff. date confirmed...................68474
73.1943 (c) revised; (d) removed...................................21078
73.3525 (b) removed; (c) through (l) redesignated as new (b) 
        through (k); new (k) amended; eff. date pending............36794
    Regulation at 85 FR 36794 eff. date confirmed..................68474
73.3526 Heading, (b)(1), (2), and (c) revised; (b)(3) removed; 
        (b)(4) redesignated as new (b)(3)..........................21078
    (e)(13) revised; eff. date pending.............................36794
    Regulation at 85 FR 36794 eff. date confirmed..................68474
73.3527 Heading, (b)(1), (2)(i), new (ii), and (c) revised; 
        (b)(2)(ii) removed; (b)(2)(iii) redesignated as new 
        (b)(2)(ii).................................................21078
    (e)(10) revised; eff. date pending.............................36794
    Regulation at 85 FR 36794 eff. date confirmed..................68474
73.3555 (b), notes 2, 4 through 7, and 9 revised; (c) , (d), and 
        note 12 added...............................................5164
73.3556 Removed....................................................67309
73.3571 (j)(3) revised; eff. date pending..........................36794
    Regulation at 85 FR 36794 eff. date confirmed..................68474
73.3572 (b) revised.................................................7889
73.3573 (a)(1) introductory text revised............................7890
    (g)(3) revised; eff. date pending..............................36794
    Regulation at 85 FR 36794 eff. date confirmed..................68474
73.3580 Revised; eff. date pending.................................36794
    Regulation at 85 FR 36794 eff. date confirmed..................68474
73.3594 Revised; eff. date pending.................................36797
    Regulation at 85 FR 36797 eff. date confirmed..................68474
73.3598 (a) introductory text, (c), and (d) revised; (b)(2) and 
        (3) amended; (b)(4) and (5) added...........................7890
73.3615 (g) revised................................................21078
73.3617 Revised....................................................58297
73.3801 (b)(3) added...............................................43492
73.6029 (b)(3) added...............................................43492
73.7002 (c) revised; eff. date pending..............................7891
    Regulation at 85 FR 7891 eff. date confirmed...................68474
73.7003 (b)(1), (2), and (c)(3) revised; (c)(1) heading, (2) 
        heading, (4), and (5) added; (c)(2) amended; eff. date 
        pending.....................................................7891
    Regulation at 85 FR 7891 eff. date confirmed...................68474
73.7005 Heading and (b) revised; (c) redesignated as (d); new (c) 
        and new (d) heading added; eff. date pending................7891
    Regulation at 85 FR 7891 eff. date confirmed...................68474
73.8000 (a) amended; (d) introductory text revised.................64408
74.632 Regulation at 82 FR 41548 confirmed.........................60718
74.703 (a) amended.................................................64408
74.707 (e) amended.................................................64409
74.779 Added.......................................................16004
74.782 (b)(3) added................................................43492
74.799 Transferred to Subpart G from Subpart H.....................16004
74.861 (i) introductory text amended; authority citation removed 
                                                                   64409
74.1201 (f) revised; (l) added.....................................35574
74.1263 (b) revised................................................35574
74.1283 (b) revised................................................35574
74.1290 Removed....................................................35574
76 Policy statement................................................13069
    Notification...................................................16567
    Implementation.................................................22652
    Compliance notification........................................42742
76.5 (rr) added....................................................71854
76.7 (g)(2) revised................................................63184
76.10 (c)(2) revised...............................................81812
76.54 (e) revised..................................................16004
76.64 (k) revised..................................................16005
    (h)(1) revised; (h)(5) added...................................22651
    Regulation at 84 FR 22651 eff. 7-31-20 in part.................44217
76.65 (b)(1)(viii), (ix), and (2) revised; (b)(3) and (4) added....36801
    (e)(3) revised.................................................81812

[[Page 863]]

76.66 (d)(1)(vi) introductory text, (2)(ii), (v), (vi), (3)(iv), 
        (5)(i) introductory text, (f)(3), (4), and (h)(5) revised 
                                                                   16005
76.105 Regulation at 83 FR 7627 eff. date confirmed................26364
76.501 Note 5 revised..............................................64409
76.503 Note 1 revised..............................................64409
76.504 Note 2 removed..............................................73429
76.601 Regulation at 83 FR 7627 eff. date confirmed in part........26364
76.602 (a) amended.................................................64409
76.970 (d) and (e) revised.........................................51367
76.1003 (g)(3) and (h)(1) revised..................................81812
76.1205 Revised....................................................78239
76.1302 (i)(2) revised.............................................63185
76.1302 (h)(1), (3), and (j)(1) revised; (k) removed...............81812
76.1513 (g)(3) and (h)(1) revised..................................81812
76.1600 (e) added..................................................16005
    (a) revised....................................................71854
76.1601 Revised....................................................71854
76.1603 (b) and (c) revised; (d) and (e) removed; (f) redesignated 
        as new (d).................................................71854
76.1700 (a)(7) removed.............................................73429
76.1710 Removed....................................................73429
76.1607 Revised....................................................16006
76.1608 Revised....................................................16006
76.1609 Revised....................................................16006
76.1610 Regulation at 83 FR 7631 eff. date confirmed...............26364
76.1617 (a) and (c) revised........................................16006
76.1700 (a) introductory text, (e), and (f) revised................21078
    (a)(7) removed.................................................73429
76.1710 Removed....................................................73429
76.1804 Regulation at 83 FR 7631 eff. date confirmed...............26364
79.2 (b)(5) revised................................................76484
79.3 (e)(1) introductory text amended..............................64409
79.3 Heading, (a)(3), (b) introductory text, (1), (3), (4), 
        (5)(i), (ii), (c)(2), (3), (4)(i), (ii), (5), (d)(1), (2) 
        introductory text, (i), (3), (10), (11), (e)(1) 
        introductory text, (3)(i) and (ii) revised.................76485
79.100 (a) amended.................................................64409
79.105 Heading, (a)(1) and (b)(3)(i) revised.......................76486
79.106 Heading and (b) revised.....................................76486
79.107 (a)(4)(viii) revised........................................76486
79.108 (a)(2)(vi) revised..........................................76486
79.109 (a)(2) revised..............................................76486

                                  2021

47 CFR
                                                                   86 FR
                                                                    Page
Chapter I
73 Notification.....................................................9297
    Policy statement...............................................20294
    Technical correction...........................................33551
    73 Permits.....................................................54852
73.202 (b) table amended..............................9472, 11152, 23868
73.406 Regulation at 85 FR 78027 eff. 4-29-21......................22621
73.503 (g) added...................................................23868
73.603 (a) table amended...........................................66195
73.606 Revised.....................................................66195
73.613 (b) revised.................................................66195
73.614 (b)(5) revised..............................................66195
73.616 (a) revised.................................................66195
73.622 (i) table amended.........2297, 3016, 18898, 21662, 21663, 24340, 
         24510, 24742, 26422, 26423, 27813, 27990, 27991, 29702, 29703, 
         30551, 31955, 33551, 34159, 34965, 35231, 37060, 37935, 38934, 
                                38935, 38936, 38937, 42742, 48538, 48539
73.622 (i) table amended; eff. 10-25-21............................53010
73.622 (a) introductory text, (1), (e)(1), and (2) revised; (b), 
        (f)(1), (g), and (i) removed; (j) added....................66195
73.623 (a) revised; (c) and (g) removed............................66209
73.624 (b) introductory text and (g) introductory text revised.....10856
73.625 (a)(1) revised..............................................66209
73.626 (c) introductory text and (f)(2) revised....................21226
73.681 Amended.....................................................66210
73.687 (a)(1), (4), (e)(3), (4) introductory text, and (i) revised
                                                                   66210
73.699 Figures 10b and 10c revised.................................66210
73.702 (a) through (e), (h)(2), (i) introductory text, Note 4, 
        (j), and (m) revised.......................................54399
73.713 (a) revised.................................................54401
73.732 Revised.....................................................54401
73.759 (c)(2) revised..............................................54401
73.761 Revised.....................................................54401
73.762 (b) and (c) revised.........................................54401
73.1212 (j) through (l) added......................................32238
73.1690 (b)(8), (c)(3), and (4) revised............................66213
73.3526 (e)(19) added..............................................32239
73.3527 (e)(15) added..............................................32239
73.3533 (a)(2) revised.............................................54401
73.3539 (a) revised................................................54401

[[Page 864]]

73.3540 (c) and (d) revised........................................54402
73.3545 Revised....................................................54402
73.3555 (b), Note 4 through Note 7, and Note 9 revised; (c), (d), 
        and Note 12 removed; Note 2 amended........................34628
73.3572 (a)(1) and (4)(ii) revised.................................66213
73.3580 Correction: (e)(2) revised.................................14851
73.3700 (f) removed................................................66213
73.6006 Revised....................................................66213
73.6010 (e) added; eff. date delayed indefinitely..................21227
73.6010 (a) removed; (c) revised...................................66213
73.6023 Revised; eff. date delayed indefinitely....................21227
73.7000 Amended....................................................66213
74 Notification.....................................................9297
74 Permits.........................................................54852
74.702 (a)(2) and (b) revised; (a)(3) removed......................66214
74.703 (f) and (g) removed.........................................66214
74.707 (a)(1)(iii) revised.........................................66214
74.720 Added; eff. date delayed indefinitely.......................21227
74.735 (a) removed; (b) and (c) introductory text revised..........66214
74.786 (c) revised; (d) through (g) removed........................66214
74.787 (c) removed.................................................66214
74.792 (a)(3) revised..............................................66214
74.795 (c)(1) revised..............................................66214
74.1203 (a)(3) revised.............................................13663
74.1204 (f) revised................................................13664
74.1263 (b) revised................................................37061
76.64 (l) revised..................................................26186
76.65 (f) removed..................................................26186
79.1 Correction: (i)(3), (k)(1)(iv), and (m)(1) introductory text 
        revised; (j)(1) and (m)(5) added...........................51013

                                  2022

47 CFR
                                                                   87 FR
                                                                    Page
Chapter I
73 Permits..........................................................9250
73 Actions on petitions............................................37754
73.202 (b) Table 1 amended.............................7045, 8959, 31433
73.202 (b) table amended....................................34799, 54170
73.207 (b)(3) Table C redesignated as (b) Table 3; (b)(1), 
        heading, (2), (3) introductory text, (iv), (v), and new 
        (b) Table 3 revised; (b)(3)(vi) added; (b) introductory 
        text amended...............................................15342
73.316 (c)(2)(ix)(B) amended; (d) revised..........................15343
73.316 (c)(2)(iv) through (ix) redesignated as (c)(2)(v) though 
        (x); new (c)(2)(iv) added; (c)(2)(iii) and new (x) 
        revised; eff. date delayed indefinitely....................35430
73.316 Regulation at 87 FR 35430 eff. date 11-10-22................67827
73.501 (b) and authority citation removed..........................15343
73.507 (c) revised; section amended................................15343
73.509 (a) introductory text and (b) revised; (a) table heading 
        added......................................................15343
73.622 (j) table amended....3045, 3227, 3694, 6044, 11589, 21030, 21031, 
                  21580, 30429, 30430, 31434, 39791, 54411, 54412, 57149
73.622 (j) table amended...............76582, 76583, 77526, 80080, 80471
73.1212 (l) removed................................................14406
73.1620 (a)(3) revised.............................................35431
73.1620 Regulation at 87 FR 35431 eff. date 11-10-22...............67827
73.1665 (b) revised................................................15344
73.1690 (c)(8)(i) amended..........................................15344
73.1690 (c)(2) introductory text and (i) through (iii) revised; 
        eff. date delayed indefinitely.............................35431
73.1940 (f) revised.................................................7755
73.1943 (a) revised; (b) and (c) redesignated as (c) and (d); new 
        (b) added; eff. date delayed indefinitely...................7755
73.1943 Regulation at 87 FR 7755 confirmed.........................33441
73.3527 (e)(8) amended.............................................49771
74 Actions on petitions............................................37754
74 Authority citation revised......................................58202
74.701--74.799 (Subpart G) Heading revised.........................58202
74.701 (b) through (d), (j), (k), and (m) revised; (e), (g), (i), 
        and (n) through (p) removed; eff. 10-24-22.................58202
74.702 (a)(1) amended..............................................15344
74.702 (a)(1) and (2) revised; (c) removed; eff. 10-24-22..........58202

[[Page 865]]

74.703 (a) and (b) revised; (c) amended; (i) removed; eff. 10-24-
        22.........................................................58202
74.706 Removed; eff. 10-24-22......................................58203
74.707 Removed; eff. 10-24-22......................................58203
74.709 Note added; eff. 10-24-22...................................58203
74.731 Removed; eff. 10-24-22......................................58203
74.732 (g) and (h) removed; eff. 10-24-22..........................58203
74.733 Removed; eff. 10-24-22......................................58203
74.734 (a) introductory text revised; eff. 10-24-22................58203
74.735 (b) introductory text and (2) revised; (c) introductory 
        text amended; eff. 10-24-22................................58203
74.736 Removed; eff. 10-24-22......................................58203
74.751 (b) introductory text and (1) revised; eff. 10-24-22........58203
74.761 Removed; eff. 10-24-22......................................58203
74.763 (a) revised; (c) amended; eff. 10-24-22.....................58203
74.780 Revised; eff. 10-24-22......................................58203
74.781 (a) revised; (c) amended; eff. 10-24-22.....................58204
74.784 (d) and authority citation removed; eff. 10-24-22...........58204
74.786 (b) amended.................................................15344
74.787 Heading, (a) heading, (4), (5)(i), (iii), (vii), (viii), 
        (b) heading, and (1) introductory text revised; (a)(1), 
        (2), and (5)(ii) removed; (a)(3) and (5)(v) amended; eff. 
        10-24-22...................................................58204
74.788 Removed; eff. 10-24-22......................................58205
74.789 Revised; eff. 10-24-22......................................58205
74.790 Heading, (a), (b) introductory text, (1) introductory text, 
        (ii), (2), (c) through (f), (g) introductory text, (1), 
        (3), (4), and (h) through (k) revised; (l) and (m) added; 
        eff. 10-24-22..............................................58205
74.791 Revised; eff. 10-24-22......................................58206
74.792 Heading, (a) introductory text, and (3) revised; eff. 10-
        24-22......................................................58206
74.793 Heading, (a), (b), (c), and (h) revised; (f) removed; eff. 
        10-24-22...................................................58206
74.794 (a)(1) revised; eff. 10-24-22...............................58206
74.795 Heading, (a), and (b) introductory text revised; eff. 10-
        24-22......................................................58206
74.796 Heading and (a) revised; eff. 10-24-22......................58206
74.797 Amended; eff. 10-24-22......................................58206
74.798 Removed; eff. 10-24-22......................................58206
74.1201 (j) revised................................................15344
74.1202 (b)(3) removed.............................................15344
74.1235 (d) introductory text removed; (d)(1) revised; (d)(2) 
        amended....................................................15344
76.5 (q)(5) revised.................................................7755
76.55 (e)(2) introductory text and (i) revised.....................74988
76.66 (e)(2) and (3) revised.......................................74988
76.1701 (a) revised; (b) through (d) redesignated as (c) through 
        (e); new (b) added; eff. date delayed indefinitely..........7755
76.1701 Regulation at 87 FR 7755 confirmed.........................33441
76.2000 (b) redesignated as (e); new (b) through (d) added.........17194
76.2000 (d)(2)(i) and (ii) revised.................................51269
79.1 Correction: (a)(11), (g)(9)(ii) through (iv), and 
        (k)(2)(xviii) revised......................................54630

                                  2023

  (Regulations published from January 1, 2023, through October 1, 2023)

47 CFR
                                                                   88 FR
                                                                    Page
Chapter I
73.202 (b) Table 1 amended.............12258, 14294, 19549, 24340, 24493
73.202 (b) table amended....................................37474, 37475
73.622 (j) table amended.....11, 2550, 2551, 13715, 17742, 18072, 18073, 
                                              18074, 46087, 46088, 51250
73.622 (c)(1) amended..............................................21446
73.622 (j) table amended...........................................63533
73.682 (f)(2) revised; (f)(2)(iii) stayed indefinitely.............20077
73.682 (f)(2)(iii) stay lifted; (f)(2)(iii) amended; Note 2 
        removed....................................................45366
73.683 (d) amended.................................................21446
73.702 (a) through (c), (e), (h)(2), and (m) introductory text 
        amended; (d), (i), and (j) revised.........................21446
73.713 (a) amended.................................................21447
73.732 Revised.....................................................21447
73.759 (c)(2) amended..............................................21447
73.761 (g) revised introductory text revised.......................21447
73.762 (b) amended.................................................21447
73.1212 (k) amended................................................21447

[[Page 866]]

73.1650 Undesignated text following (b)(6) designated as (b)(7) 
        and revised................................................21447
73.1660 (a)(1) Note 1 revised; eff. 10-30-23.......................67116
73.3533 (a)(2) amended.............................................21447
73.3539 (a) amended................................................21447
73.3540 (c) and (d) amended........................................21448
73.3545 Amended....................................................21448
73.3580 (b)(2)(i) revised..........................................21448
73.3801 (b)(3) amended; (f)(5) and (6) revised; (i) added..........45366
73.6010 Regulation at 86 FR 21227 eff. 5-18-23.....................23581
73.6023 Regulation at 86 FR 21227 eff. 5-18-23.....................23581
73.6029 (b)(3) amended; (f)(5) and (6) revised; (i) added..........45367
74 Order...........................................................43460
74 Policy statement................................................63850
74.702 (b) revised.................................................30667
74.702 Regulation at 88 FR 30667 eff. date confirmed...............64382
74.703 (a) amended.................................................21448
74.703 (h) revised; eff. date delayed indefinitely.................30667
74.708 Removed.....................................................30668
74.709 (a) Table 1 and (b)(2) Table 2 revised......................30668
74.710 Removed.....................................................30668
74.720 Regulation at 86 FR 21227 eff. 5-18-23......................23581
74.734 (a)(4) amended; eff. date delayed indefinitely..............30668
74.735 (c) introductory text, (2) and (4) amended; (c)(6) and (7) 
        added; eff. date delayed indefinitely......................30668
74.737 Revised.....................................................30669
74.750 Revised.....................................................30669
74.751 (b)(4) and (c) revised; (b)(6) removed; eff. date delayed 
        indefinitely...............................................30669
74.762 Revised.....................................................30669
74.763 (b) revised; eff. date delayed indefinitely.................30669
74.782 (b)(3) amended; (g)(5) and (6) revised; (j) added...........45368
74.783 Revised.....................................................30670
74.784 (b) revised; eff. date delayed indefinitely.................30670
74.786 Removed.....................................................30670
74.787 (a)(5)(viii) removed; (c) added.............................30670
74.789 Removed.....................................................30670
74.790 (g)(3) revised; (n) added...................................30670
74.790 (o) added...................................................59468
74.790 (o)(9) and (10) added; eff. date delayed indefinitely.......59469
74.791 (d) added...................................................30670
74.795 (b)(4) and (5) amended; (b)(6) and (7) added................30671
74.861 (i) introductory text revised...............................21448
76.66 (e)(3) revised; eff. 10-12-23................................62472
76.602 (a) revised.................................................21448
78 Order...........................................................43460
78 Policy statement................................................63850
79.100 (a) revised.................................................21449


                                  [all]