Goto Section: 73.7002 | 73.7004 | Table of Contents
FCC 73.7003
Revised as of October 1, 2006
Goto Year:2005 |
2007
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 application, if the applicant's
own governing documents (e.g. by-laws, constitution, or their equivalent)
require that such localism be maintained.
(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, if the applicant's own governing
documents (e.g. by-laws, constitution, or their equivalent) require that
such diversity be maintained. 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
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) 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) 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) If a tie remains after the tie breaker in paragraph (c)(2) of this
section, each of the remaining applicants will be identified as a tentative
selectee, with the time divided equally among them.
(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]
Goto Section: 73.7002 | 73.7004
Goto Year: 2005 |
2007
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