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 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 a 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  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.

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