Sec. 73.203  Availability of channels.

    (a) Except as provided for in paragraph (b) of this section, 
applications may be filed to construct FM broadcast stations only at the 
communities and on the channels contained in the Table of Allotments 
(Sec. 73.202(b)). Applications that fail to comply with this 
requirements, whether or not accompanied by

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a petition to amend the Table, will not be accepted for tender.
    (b) Applications filed on a first come, first served basis may 
propose a lower or higher class adjacent, intermediate frequency or co-
channel. Applications for the modification of an existing FM broadcast 
station may propose a lower or higher class adjacent, intermediate 
frequency or co-channel, or an same class adjacent channel. In these 
cases, the applicant need not file a petition for rule making to amend 
the Table of Allotments (Sec. 73.202(b)) to specify the modified channel 
class.

    Note: Changes in channel and/or class by application are limited to 
modifications on first, second and third adjacent channels, intermediate 
frequency (IF) channels, and co-channels which require no other changes 
to the FM Table of Allotments. Applications requesting such 
modifications 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 Secs. 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 Secs. 73.207 and 73.315 without 
resort to Secs. 73.213 through 73.215.


[54 1997 FR 11954 , Mar. 23, 1989, as amended at  58 FR 38535 , July 19, 1993]