Goto Section: 73.3550 | 73.3556 | Table of Contents
FCC 73.3555
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 73.3555 Multiple ownership.
(a)(1) Local radio ownership rule. A person or single entity (or
entities under common control) may have a cognizable interest in
licenses for AM or FM radio broadcast stations in accordance with the
following limits:
(i) In a radio market with 45 or more full-power, commercial and
noncommercial radio stations, not more than 8 commercial radio stations
in total and not more than 5 commercial stations in the same service
(AM or FM);
(ii) In a radio market with between 30 and 44 (inclusive) full-power,
commercial and noncommercial radio stations, not more than 7 commercial
radio stations in total and not more than 4 commercial stations in the
same service (AM or FM);
(iii) In a radio market with between 15 and 29 (inclusive) full-power,
commercial and noncommercial radio stations, not more than 6 commercial
radio stations in total and not more than 4 commercial stations in the
same service (AM or FM); and
(iv) In a radio market with 14 or fewer full-power, commercial and
noncommercial radio stations, not more than 5 commercial radio stations
in total and not more than 3 commercial stations in the same service
(AM or FM); provided, however, that no person or single entity (or
entities under common control) may have a cognizable interest in more
than 50% of the full-power, commercial and noncommercial radio stations
in such market unless the combination of stations comprises not more
than one AM and one FM station.
(2) Overlap between two stations in different services is permissible
if neither of those two stations overlaps a third station in the same
service.
(b) Local television multiple ownership rule. An entity may directly or
indirectly own, operate, or control two television stations licensed in
the same Designated Market Area (DMA) (as determined by Nielsen Media
Research or any successor entity) only under one or more of the
following conditions:
(1) The Grade B contours of the stations (as determined by § 73.684) do
not overlap; or
(i) At the time the application to acquire or construct the station(s)
is filed, at least one of the stations is not ranked among the top four
stations in the DMA, based on the most recent all-day (9 a.m.-midnight)
audience share, as measured by Nielsen Media Research or by any
comparable professional, accepted audience ratings service; and
(ii) At least 8 independently owned and operating, full-power
commercial and noncommercial TV stations would remain post-merger in
the DMA in which the communities of license of the TV stations in
question are located. Count only those stations the Grade B signal
contours of which overlap with the Grade B signal contour of at least
one of the stations in the proposed combination. In areas where there
is no Nielsen DMA, count the TV stations present in an area that would
be the functional equivalent of a TV market. Count only those TV
stations the Grade B signal contours of which overlap with the Grade B
signal contour of at least one of the stations in the proposed
combination.
(2) [Reserved]
(c) Radio-television cross-ownership rule --(1) This rule is triggered
when: (i) The predicted or measured 1 mV/m contour of an existing or
proposed FM station (computed in accordance with § 73.313) encompasses
the entire community of license of an existing or proposed commonly
owned TV broadcast station(s), or the Grade A contour(s) of the TV
broadcast station(s) (computed in accordance with § 73.684) encompasses
the entire community of license of the FM station; or
(ii) The predicted or measured 2 mV/m groundwave contour of an existing
or proposed AM station (computed in accordance with § 73.183 or
§ 73.386), encompasses the entire community of license of an existing
or proposed commonly owned TV broadcast station(s), or the Grade A
contour(s) of the TV broadcast station(s) (computed in accordance with
§ 73.684) encompass(es) the entire community of license of the AM
station.
(2) An entity may directly or indirectly own, operate, or control up to
two commercial TV stations (if permitted by paragraph (b) of this
section, the local television multiple ownership rule) and 1 commercial
radio station situated as described in paragraph (c)(1) of this
section. An entity may not exceed these numbers, except as follows:
(i) If at least 20 independently owned media voices would remain in the
market post-merger, an entity can directly or indirectly own, operate,
or control up to:
(A) Two commercial TV and six commercial radio stations (to the extent
permitted by paragraph (a) of this section, the local radio multiple
ownership rule); or
(B) One commercial TV and seven commercial radio stations (to the
extent that an entity would be permitted to own two commercial TV and
six commercial radio stations under paragraph (c)(2)(i)(A) of this
section, and to the extent permitted by paragraph (a) of this section,
the local radio multiple ownership rule).
(ii) If at least 10 independently owned media voices would remain in
the market post-merger, an entity can directly or indirectly own,
operate, or control up to two commercial TV and four commercial radio
stations (to the extent permitted by paragraph (a) of this section, the
local radio multiple ownership rule).
(3) To determine how many media voices would remain in the market,
count the following:
(i) TV stations: independently owned and operating full-power broadcast
TV stations within the DMA of the TV station's (or stations') community
(or communities) of license that have Grade B signal contours that
overlap with the Grade B signal contour(s) of the TV station(s) at
issue;
(ii) Radio stations: (A)( 1 ) Independently owned operating primary
broadcast radio stations that are in the radio metro market (as defined
by Arbitron or another nationally recognized audience rating service)
of:
( i ) The TV station's (or stations') community (or communities) of
license; or
( ii ) The radio station's (or stations') community (or communities) of
license; and
( 2 ) Independently owned out-of-market broadcast radio stations with a
minimum share as reported by Arbitron or another nationally recognized
audience rating service.
(B) When a proposed combination involves stations in different radio
markets, the voice requirement must be met in each market; the radio
stations of different radio metro markets may not be counted together.
(C) In areas where there is no radio metro market, count the radio
stations present in an area that would be the functional equivalent of
a radio market.
(iii) Newspapers: Newspapers that are published at least four days a
week within the TV station's DMA in the dominant language of the market
and that have a circulation exceeding 5% of the households in the DMA;
and
(iv) One cable system: if cable television is generally available to
households in the DMA. Cable television counts as only one voice in the
DMA, regardless of how many individual cable systems operate in the
DMA.
(d) Daily newspaper cross-ownership rule. (1) No license for an AM, FM
or TV broadcast station shall be granted to any party (including all
parties under common control) if such party directly or indirectly
owns, operates or controls a daily newspaper and the grant of such
license will result in:
(i) The predicted or measured 2 mV/m contour of an AM station, computed
in accordance with § 73.183 or § 73.186, encompassing the entire
community in which such newspaper is published; or
(ii) The predicted 1 mV/m contour for an FM station, computed in
accordance with § 73.313, encompassing the entire community in which
such newspaper is published; or
(iii) The Grade A contour of a TV station, computed in accordance with
§ 73.684, encompassing the entire community in which such newspaper is
published.
(2) Paragraph (d)(1) of this section shall not apply in cases where the
Commission makes a finding pursuant to Section 310(d) of the
Communications Act that the public interest, convenience, and necessity
would be served by permitting an entity that owns, operates or controls
a daily newspaper to own, operate or control an AM, FM, or TV broadcast
station whose relevant contour encompasses the entire community in
which such newspaper is published as set forth in paragraph (d)(1) of
this section.
(3) In making a finding under paragraph (d)(2) of this section, there
shall be a presumption that it is not inconsistent with the public
interest, convenience, and necessity for an entity to own, operate or
control a daily newspaper in a top 20 Nielsen DMA and one commercial
AM, FM or TV broadcast station whose relevant contour encompasses the
entire community in which such newspaper is published as set forth in
paragraph (d)(1) of this section, provided that, with respect to a
combination including a commercial TV station,
(i) The station is not ranked among the top four TV stations in the
DMA, based on the most recent all-day (9 a.m.-midnight) audience share,
as measured by Nielsen Media Research or by any comparable
professional, accepted audience ratings service; and
(ii) At least 8 independently owned and operating major media voices
would remain in the DMA in which the community of license of the TV
station in question is located (for purposes of this provision major
media voices include full-power TV broadcast stations and major
newspapers).
(4) In making a finding under paragraph (d)(2) of this section, there
shall be a presumption that it is inconsistent with the public
interest, convenience, and necessity for an entity to own, operate or
control a daily newspaper and an AM, FM or TV broadcast station whose
relevant contour encompasses the entire community in which such
newspaper is published as set forth in paragraph (d)(1) of this section
in a DMA other than the top 20 Nielsen DMAs or in any circumstance not
covered under paragraph (d)(3) of this section.
(5) In making a finding under paragraph (d)(2) of this section, the
Commission shall consider:
(i) Whether the combined entity will significantly increase the amount
of local news in the market;
(ii) Whether the newspaper and the broadcast outlets each will continue
to employ its own staff and each will exercise its own independent news
judgment;
(iii) The level of concentration in the Nielsen Designated Market Area
(DMA); and
(iv) The financial condition of the newspaper or broadcast station, and
if the newspaper or broadcast station is in financial distress, the
proposed owner's commitment to invest significantly in newsroom
operations.
(6) In order to overcome the negative presumption set forth in
paragraph (d)(4) of this section with respect to the combination of a
major newspaper and a television station, the applicant must show by
clear and convincing evidence that the co-owned major newspaper and
station will increase the diversity of independent news outlets and
increase competition among independent news sources in the market, and
the factors set forth above in paragraph (d)(5) of this section will
inform this decision.
(7) The negative presumption set forth in paragraph (d)(4) of this
section shall be reversed under the following two circumstances:
(i) The newspaper or broadcast station is failed or failing; or
(ii) The combination is with a broadcast station that was not offering
local newscasts prior to the combination, and the station will initiate
at least seven hours per week of local news programming after the
combination.
(e) National television multiple ownership rule. (1) No license for a
commercial television broadcast station shall be granted, transferred
or assigned to any party (including all parties under common control)
if the grant, transfer or assignment of such license would result in
such party or any of its stockholders, partners, members, officers or
directors having a cognizable interest in television stations which
have an aggregate national audience reach exceeding thirty-nine (39)
percent.
(2) For purposes of this paragraph (e):
(i) National audience reach means the total number of television
households in the Nielsen Designated Market Areas (DMAs) in which the
relevant stations are located divided by the total national television
households as measured by DMA data at the time of a grant, transfer, or
assignment of a license. For purposes of making this calculation, UHF
television stations shall be attributed with 50 percent of the
television households in their DMA market.
(ii) No market shall be counted more than once in making this
calculation.
(3) Divestiture. A person or entity that exceeds the thirty-nine (39)
percent national audience reach limitation for television stations in
paragraph (e)(1) of this section through grant, transfer, or assignment
of an additional license for a commercial television broadcast station
shall have not more than 2 years after exceeding such limitation to
come into compliance with such limitation. This divestiture requirement
shall not apply to persons or entities that exceed the 39 percent
national audience reach limitation through population growth.
(f) The ownership limits of this section are not applicable to
noncommercial educational FM and noncommercial educational TV stations.
However, the attribution standards set forth in the Notes to this
section will be used to determine attribution for noncommercial
educational FM and TV applicants, such as in evaluating mutually
exclusive applications pursuant to subpart K of part 73.
Note 1 to § 73.3555: The words "cognizable interest" as used herein
include any interest, direct or indirect, that allows a person or
entity to own, operate or control, or that otherwise provides an
attributable interest in, a broadcast station.
Note 2 to § 73.3555: In applying the provisions of this section,
ownership and other interests in broadcast licensees, cable television
systems and daily newspapers will be attributed to their holders and
deemed cognizable pursuant to the following criteria:
a. Except as otherwise provided herein, partnership and direct
ownership interests and any voting stock interest amounting to 5% or
more of the outstanding voting stock of a corporate broadcast licensee,
cable television system or daily newspaper will be cognizable;
b. Investment companies, as defined in 15 U.S.C. 80a-3, insurance
companies and banks holding stock through their trust departments in
trust accounts will be considered to have a cognizable interest only if
they hold 20% or more of the outstanding voting stock of a corporate
broadcast licensee, cable television system or daily newspaper, or if
any of the officers or directors of the broadcast licensee, cable
television system or daily newspaper are representatives of the
investment company, insurance company or bank concerned. Holdings by a
bank or insurance company will be aggregated if the bank or insurance
company has any right to determine how the stock will be voted.
Holdings by investment companies will be aggregated if under common
management.
c. Attribution of ownership interests in a broadcast licensee, cable
television system or daily newspaper that are held indirectly by any
party through one or more intervening corporations will be determined
by successive multiplication of the ownership percentages for each link
in the vertical ownership chain and application of the relevant
attribution benchmark to the resulting product, except that wherever
the ownership percentage for any link in the chain exceeds 50%, it
shall not be included for purposes of this multiplication. For purposes
of paragraph i. of this note, attribution of ownership interests in a
broadcast licensee, cable television system or daily newspaper that are
held indirectly by any party through one or more intervening
organizations will be determined by successive multiplication of the
ownership percentages for each link in the vertical ownership chain and
application of the relevant attribution benchmark to the resulting
product, and the ownership percentage for any link in the chain that
exceeds 50% shall be included for purposes of this multiplication. [For
example, except for purposes of paragraph (i) of this note, if A owns
10% of company X, which owns 60% of company Y, which owns 25% of
"Licensee," then X's interest in "Licensee" would be 25% (the same as
Y's interest because X's interest in Y exceeds 50%), and A's interest
in "Licensee" would be 2.5% (0.1 * 0.25). Under the 5% attribution
benchmark, X's interest in "Licensee" would be cognizable, while A's
interest would not be cognizable. For purposes of paragraph i. of this
note, X's interest in "Licensee" would be 15% (0.6 * 0.25) and A's
interest in "Licensee" would be 1.5% (0.1 * 0.6 * 0.25). Neither
interest would be attributed under paragraph i. of this note.]
d. Voting stock interests held in trust shall be attributed to any
person who holds or shares the power to vote such stock, to any person
who has the sole power to sell such stock, and to any person who has
the right to revoke the trust at will or to replace the trustee at
will. If the trustee has a familial, personal or extra-trust business
relationship to the grantor or the beneficiary, the grantor or
beneficiary, as appropriate, will be attributed with the stock
interests held in trust. An otherwise qualified trust will be
ineffective to insulate the grantor or beneficiary from attribution
with the trust's assets unless all voting stock interests held by the
grantor or beneficiary in the relevant broadcast licensee, cable
television system or daily newspaper are subject to said trust.
e. Subject to paragraph i. of this note, holders of non-voting stock
shall not be attributed an interest in the issuing entity. Subject to
paragraph i. of this note, holders of debt and instruments such as
warrants, convertible debentures, options or other non-voting interests
with rights of conversion to voting interests shall not be attributed
unless and until conversion is effected.
f. 1. A limited partnership interest shall be attributed to a limited
partner unless that partner is not materially involved, directly or
indirectly, in the management or operation of the media-related
activities of the partnership and the licensee or system so certifies.
An interest in a Limited Liability Company ("LLC") or Registered
Limited Liability Partnership ("RLLP") shall be attributed to the
interest holder unless that interest holder is not materially involved,
directly or indirectly, in the management or operation of the
media-related activities of the partnership and the licensee or system
so certifies.
2. For a licensee or system that is a limited partnership to make the
certification set forth in paragraph f. 1. of this note, it must verify
that the partnership agreement or certificate of limited partnership,
with respect to the particular limited partner exempt from attribution,
establishes that the exempt limited partner has no material
involvement, directly or indirectly, in the management or operation of
the media activities of the partnership. For a licensee or system that
is an LLC or RLLP to make the certification set forth in paragraph f.
1. of this note, it must verify that the organizational document, with
respect to the particular interest holder exempt from attribution,
establishes that the exempt interest holder has no material
involvement, directly or indirectly, in the management or operation of
the media activities of the LLC or RLLP. The criteria which would
assume adequate insulation for purposes of this certification are
described in the Memorandum Opinion and Order in MM Docket No. 83-46,
FCC 85-252 (released June 24, 1985), as modified on reconsideration in
the Memorandum Opinion and Order in MM Docket No. 83-46, FCC 86-410
(released November 28, 1986). Irrespective of the terms of the
certificate of limited partnership or partnership agreement, or other
organizational document in the case of an LLC or RLLP, however, no such
certification shall be made if the individual or entity making the
certification has actual knowledge of any material involvement of the
limited partners, or other interest holders in the case of an LLC or
RLLP, in the management or operation of the media-related businesses of
the partnership or LLC or RLLP.
3. In the case of an LLC or RLLP, the licensee or system seeking
insulation shall certify, in addition, that the relevant state statute
authorizing LLCs permits an LLC member to insulate itself as required
by our criteria.
g. Officers and directors of a broadcast licensee, cable television
system or daily newspaper are considered to have a cognizable interest
in the entity with which they are so associated. If any such entity
engages in businesses in addition to its primary business of
broadcasting, cable television service or newspaper publication, it may
request the Commission to waive attribution for any officer or director
whose duties and responsibilities are wholly unrelated to its primary
business. The officers and directors of a parent company of a broadcast
licensee, cable television system or daily newspaper, with an
attributable interest in any such subsidiary entity, shall be deemed to
have a cognizable interest in the subsidiary unless the duties and
responsibilities of the officer or director involved are wholly
unrelated to the broadcast licensee, cable television system or daily
newspaper subsidiary, and a statement properly documenting this fact is
submitted to the Commission. [This statement may be included on the
appropriate Ownership Report.] The officers and directors of a sister
corporation of a broadcast licensee, cable television system or daily
newspaper shall not be attributed with ownership of these entities by
virtue of such status.
h. Discrete ownership interests will be aggregated in determining
whether or not an interest is cognizable under this section. An
individual or entity will be deemed to have a cognizable investment if:
1. The sum of the interests held by or through "passive investors" is
equal to or exceeds 20 percent; or
2. The sum of the interests other than those held by or through
"passive investors" is equal to or exceeds 5 percent; or
3. The sum of the interests computed under paragraph h. 1. of this note
plus the sum of the interests computed under paragraph h. 2. of this
note is equal to or exceeds 20 percent.
i.1. Notwithstanding paragraphs e. and f. of this Note, the holder of
an equity or debt interest or interests in a broadcast licensee, cable
television system, daily newspaper, or other media outlet subject to
the broadcast multiple ownership or cross-ownership rules ("interest
holder") shall have that interest attributed if:
A. The equity (including all stockholdings, whether voting or
nonvoting, common or preferred) and debt interest or interests, in the
aggregate, exceed 33 percent of the total asset value, defined as the
aggregate of all equity plus all debt, of that media outlet; and
B.(i) The interest holder also holds an interest in a broadcast
licensee, cable television system, newspaper, or other media outlet
operating in the same market that is subject to the broadcast multiple
ownership or cross-ownership rules and is attributable under paragraphs
of this note other than this paragraph i.; or
(ii) The interest holder supplies over fifteen percent of the total
weekly broadcast programming hours of the station in which the interest
is held. For purposes of applying this paragraph, the term, "market,"
will be defined as it is defined under the specific multiple ownership
rule or cross-ownership rule that is being applied, except that for
television stations, the term "market," will be defined by reference to
the definition contained in the local television multiple ownership
rule contained in paragraph (b) of this section.
2. Notwithstanding paragraph i.1. of this Note, the interest holder may
exceed the 33 percent threshold therein without triggering attribution
where holding such interest would enable an eligible entity to acquire
a broadcast station, provided that:
i. The combined equity and debt of the interest holder in the eligible
entity is less than 50 percent, or
ii. The total debt of the interest holder in the eligible entity does
not exceed 80 percent of the asset value of the station being acquired
by the eligible entity and the interest holder does not hold any equity
interest, option, or promise to acquire an equity interest in the
eligible entity or any related entity. For purposes of this paragraph
i.2, an "eligible entity" shall include any entity that qualifies as a
small business under the Small Business Administration's size standards
for its industry grouping, as set forth in 13 CFR 121.201, at the time
the transaction is approved by the FCC, and holds:
A. 30 percent or more of the stock or partnership interests and more
than 50 percent of the voting power of the corporation or partnership
that will own the media outlet; or
B. 15 percent or more of the stock or partnership interests and more
than 50 percent of the voting power of the corporation or partnership
that will own the media outlet, provided that no other person or entity
owns or controls more than 25 percent of the outstanding stock or
partnership interests; or
C. More than 50 percent of the voting power of the corporation that
will own the media outlet if such corporation is a publicly traded
company.
j. "Time brokerage" (also known as "local marketing") is the sale by a
licensee of discrete blocks of time to a "broker" that supplies the
programming to fill that time and sells the commercial spot
announcements in it.
1. Where two radio stations are both located in the same market, as
defined for purposes of the local radio ownership rule contained in
paragraph (a) of this section, and a party (including all parties under
common control) with a cognizable interest in one such station brokers
more than 15 percent of the broadcast time per week of the other such
station, that party shall be treated as if it has an interest in the
brokered station subject to the limitations set forth in paragraphs
(a), (c), and (d) of this section. This limitation shall apply
regardless of the source of the brokered programming supplied by the
party to the brokered station.
2. Where two television stations are both located in the same market,
as defined in the local television ownership rule contained in
paragraph (b) of this section, and a party (including all parties under
common control) with a cognizable interest in one such station brokers
more than 15 percent of the broadcast time per week of the other such
station, that party shall be treated as if it has an interest in the
brokered station subject to the limitations set forth in paragraphs
(b), (c), (d) and (e) of this section. This limitation shall apply
regardless of the source of the brokered programming supplied by the
party to the brokered station.
3. Every time brokerage agreement of the type described in this Note
shall be undertaken only pursuant to a signed written agreement that
shall contain a certification by the licensee or permittee of the
brokered station verifying that it maintains ultimate control over the
station's facilities including, specifically, control over station
finances, personnel and programming, and by the brokering station that
the agreement complies with the provisions of paragraphs (b), (c), and
(d) of this section if the brokering station is a television station or
with paragraphs (a), (c), and (d) of this section if the brokering
station is a radio station.
k. "Joint Sales Agreement" is an agreement with a licensee of a
"brokered station" that authorizes a "broker" to sell advertising time
for the "brokered station."
1. Where two radio stations are both located in the same market, as
defined for purposes of the local radio ownership rule contained in
paragraph (a) of this section, and a party (including all parties under
common control) with a cognizable interest in one such station sells
more than 15 percent of the advertising time per week of the other such
station, that party shall be treated as if it has an interest in the
brokered station subject to the limitations set forth in paragraphs
(a), (c), and (d) of this section.
2. Every joint sales agreement of the type described in this Note shall
be undertaken only pursuant to a signed written agreement that shall
contain a certification by the licensee or permittee of the brokered
station verifying that it maintains ultimate control over the station's
facilities, including, specifically, control over station finances,
personnel and programming, and by the brokering station that the
agreement complies with the limitations set forth in paragraphs (a),
(c), and (d) of this section.
Note 3 to § 73.3555: In cases where record and beneficial ownership of
voting stock is not identical (e.g., bank nominees holding stock as
record owners for the benefit of mutual funds, brokerage houses holding
stock in street names for the benefit of customers, investment advisors
holding stock in their own names for the benefit of clients, and
insurance companies holding stock), the party having the right to
determine how the stock will be voted will be considered to own it for
purposes of these rules.
Note 4 to § 73.3555: Paragraphs (a) through (d) of this section will
not be applied so as to require divestiture, by any licensee, of
existing facilities, and will not apply to applications for assignment
of license or transfer of control filed in accordance with § 73.3540(f)
or § 73.3541(b), or to applications for assignment of license or
transfer of control to heirs or legatees by will or intestacy, if no
new or increased concentration of ownership would be created among
commonly owned, operated or controlled media properties. Paragraphs (a)
through (d) of this section will apply to all applications for new
stations, to all other applications for assignment or transfer, to all
applications for major changes to existing stations, and to
applications for minor changes to existing stations that implement an
approved change in an FM radio station's community of license or create
new or increased concentration of ownership among commonly owned,
operated or controlled media properties. Commonly owned, operated or
controlled media properties that do not comply with paragraphs (a)
through (d) of this section may not be assigned or transferred to a
single person, group or entity, except as provided in this Note or in
the Report and Order in Docket No. 02-277, released July 2, 2003 (FCC
02-127).
Note 5 to § 73.3555: Paragraphs (b) through (e) of this section will
not be applied to cases involving television stations that are
"satellite" operations. Such cases will be considered in accordance
with the analysis set forth in the Report and Order in MM Docket No.
87-8, FCC 91-182 (released July 8, 1991), in order to determine whether
common ownership, operation, or control of the stations in question
would be in the public interest. An authorized and operating
"satellite" television station, the Grade B contour of which overlaps
that of a commonly owned, operated, or controlled "non-satellite"
parent television broadcast station, or the Grade A contour of which
completely encompasses the community of publication of a commonly
owned, operated, or controlled daily newspaper, or the community of
license of a commonly owned, operated, or controlled AM or FM broadcast
station, or the community of license of which is completely encompassed
by the 2 mV/m contour of such AM broadcast station or the 1 mV/m
contour of such FM broadcast station, may subsequently become a
"non-satellite" station under the circumstances described in the
aforementioned Report and Order in MM Docket No. 87-8. However, such
commonly owned, operated, or controlled "non-satellite" television
stations and AM or FM stations with the aforementioned community
encompassment, may not be transferred or assigned to a single person,
group, or entity except as provided in Note 4 of this section. Nor
shall any application for assignment or transfer concerning such
"non-satellite" stations be granted if the assignment or transfer would
be to the same person, group or entity to which the commonly owned,
operated, or controlled newspaper is proposed to be transferred, except
as provided in Note 4 of this section.
Note 6 to § 73.3555: For purposes of this section a daily newspaper is
one which is published four or more days per week, which is in the
dominant language in the market, and which is circulated generally in
the community of publication. A college newspaper is not considered as
being circulated generally.
Note 7 to § 73.3555: The Commission will entertain applications to
waive the restrictions in paragraph (b) and (c) of this section (the
local television ownership rule and the radio/television
cross-ownership rule) on a case-by-case basis. In each case, we will
require a showing that the in-market buyer is the only entity ready,
willing, and able to operate the station, that sale to an out-of-market
applicant would result in an artificially depressed price, and that the
waiver applicant does not already directly or indirectly own, operate,
or control interest in two television stations within the relevant DMA.
One way to satisfy these criteria would be to provide an affidavit from
an independent broker affirming that active and serious efforts have
been made to sell the permit, and that no reasonable offer from an
entity outside the market has been received.
We will entertain waiver requests as follows:
1. If one of the broadcast stations involved is a "failed" station that
has not been in operation due to financial distress for at least four
consecutive months immediately prior to the application, or is a debtor
in an involuntary bankruptcy or insolvency proceeding at the time of
the application.
2. For paragraph (b) of this section only, if one of the television
stations involved is a "failing" station that has an all-day audience
share of no more than four per cent; the station has had negative cash
flow for three consecutive years immediately prior to the application;
and consolidation of the two stations would result in tangible and
verifiable public interest benefits that outweigh any harm to
competition and diversity.
3. For paragraph (b) of this section only, if the combination will
result in the construction of an unbuilt station. The permittee of the
unbuilt station must demonstrate that it has made reasonable efforts to
construct but has been unable to do so.
Note 8 to § 73.3555: Paragraph (a)(1) of this section will not apply to
an application for an AM station license in the 535-1605 kHz band where
grant of such application will result in the overlap of 5 mV/m
groundwave contours of the proposed station and that of another AM
station in the 535-1605 kHz band that is commonly owned, operated or
controlled if the applicant shows that a significant reduction in
interference to adjacent or co-channel stations would accompany such
common ownership. Such AM overlap cases will be considered on a
case-by-case basis to determine whether common ownership, operation or
control of the stations in question would be in the public interest.
Applicants in such cases must submit a contingent application of the
major or minor facilities change needed to achieve the interference
reduction along with the application which seeks to create the 5 mV/m
overlap situation.
Note 9 to § 73.3555: Paragraph (a)(1) of this section will not apply to
an application for an AM station license in the 1605-1705 kHz band
where grant of such application will result in the overlap of the 5
mV/m groundwave contours of the proposed station and that of another AM
station in the 535-1605 kHz band that is commonly owned, operated or
controlled. Paragraphs (d)(1)(i) and (d)(1)(ii) of this section will
not apply to an application for an AM station license in the 1605-1705
kHz band by an entity that owns, operates, controls or has a cognizable
interest in AM radio stations in the 535-1605 kHz band.
Note 10 to § 73.3555: Authority for joint ownership granted pursuant to
Note 9 will expire at 3 a.m. local time on the fifth anniversary for
the date of issuance of a construction permit for an AM radio station
in the 1605-1705 kHz band.
[ 73 FR 9487 , Feb. 21, 2008, as amended at 73 FR 28369 , May 16, 2008; 75 FR 27199 , May 14, 2010]
Goto Section: 73.3550 | 73.3556
Goto Year: 2010 |
2012
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public