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

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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 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=(NS2+ EW2)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]