Sec. 74.1233  Processing FM translator and booster station applications.

    (a) Applications for FM translator and booster stations are divided 
into two groups:
    (1) In the first group are applications for new stations or for 
major changes in the facilities of authorized stations. In the case of 
FM translator stations, a major change is any change in frequency 
(output channel), or change (only the gain should be included in 
determining amount of change) or increase (but not decrease) in area to 
be served greater than ten percent of the previously authorized 1 mV/m 
contour. All other changes will be considered minor. All major changes 
are subject to the provisions of Secs. 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) Applications for FM translator and booster 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 applications which 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.
    (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 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 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) 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.
    (e) Where applications for FM translator stations are mutually 
exclusive and do not involve a proposal to provide fill-in service of a 
commonly owned primary station, the FCC may stipulate different 
frequencies as necessary for the applicants.
    (f) Where there are no available frequencies to substitute for a 
mutually exclusive application, the FCC will base its decision on the 
following priorities: (1) First full-time aural services; (2) second 
full-time aural services; and (3) other public interest matters 
including, but not limited to the number of aural services received in 
the proposed service area, the need for or lack of public radio service, 
and other matters such as the relative size of the proposed communities 
and their growth rate.

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    (g) Where the procedures in paragraph (d), (e) and (f) of this 
section fail to resolve the mutual exclusivity, the applications will be 
processed on a first-come-first-served basis.

[ 55 FR 50697 , Dec. 10, 1990]