Sec.  73.512   Special procedures applicable to Class D noncommercial educational
stations.

   (a) All Class D stations seeking renewal of license for any term expiring
   June 1, 1980, or thereafter shall comply with the requirements set forth
   below  and  shall  simultaneously file an application on FCC Form 340,
   containing full information regarding such compliance with the provisions
   set forth below.

   (1) To the extent possible, each applicant shall select a commercial FM
   channel on which it proposes to operate in lieu of the station's present
   channel.  The  station  may  select any commercial channel provided no
   objectionable interference, as set forth in  Sec. 73.509(b), would be caused. The
   application shall include the same engineering information as is required to
   change  the frequency of an existing station and any other information
   necessary to establish the fact that objectionable interference would not
   result.  If no commerical channel is available where the station could
   operate without causing such interference, the application shall set forth
   the basis upon which this conclusion was reached.

   (2) If a commercial channel is unavailable, to the extent possible each
   applicant should propose operation on Channel 200 (87.9 MHz) unless the
   station would be within 402 kilometers (250 miles) of the Canadian border or
   320 kilometers (199 miles) of the Mexican border or would cause interference
   to an FM station operating on Channels 201, 202, or 203 or to TV Channel 6,
   as provided in  Sec. 73.509.

   (3) If a channel is not available under either paragraph (a) (1) or (2) of
   this  section,  the renewal applicant shall study all 20 noncommercial
   educational FM channels and shall propose operation on the channel which
   would cause the least preclusion to the establishment of new stations or
   increases in power by existing stations. Full information regarding the
   basis for the selection should be provided.

   (b) At any time before the requirements of paragraph (a) become effective,
   any existing Class D station may file a construction permit application on
   FCC Form 340 to change channel in the manner described above which shall be
   subject to the same requirements. In either case, any license granted shall
   specify that the station's license is for a Class D (secondary) station.

   (c)  Except  in  Alaska,  no new Class D applications nor major change
   applications by existing Class D stations are acceptable for filing except
   by existing Class D stations seeking to change frequency. Upon the grant of
   such application, the station shall become a Class D (secondary) station.

   (d)  Class  D  noncommercial  educational  (secondary)  stations  (see
    Sec. 73.506(a)(2)) will be permitted to continue to operate only so long as no
   interference (as defined in  Sec. 73.509) is caused to any TV or commercial FM
   broadcast stations. In the event that the Class D (secondary) station would
   cause interference to a TV or commercial FM broadcast station after that
   Class D (secondary) station is authorized, the Class D (secondary) station
   must  cease  operation  when program tests for the TV or commercial FM
   broadcast station commence. The Class D (secondary) station may apply for a
   construction permit (see  Sec. 73.3533) to change to another frequency or antenna
   site where it would not cause interference (as defined in  Sec. 73.509). If the
   Class D (secondary) station must cease operation before the construction
   permit is granted, an application for temporary authorization (pursuant to
    Sec. 73.3542) to operate with the proposed facilities may be submitted; where
   appropriate, such temporary authorization can be granted.

   [ 43 FR 39716 , Sept. 6, 1978, as amended at  44 FR 48226 , Aug. 17, 1979;  47 FR 28388 , June 30, 1982;  50 FR 8326 , Mar. 1, 1985]