Goto Section: 73.7002 | 73.7004 | Table of Contents
FCC 73.7003
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 73.7003 Point system selection procedures.
(a) If timely filed applications for reserved FM channels or reserved
TV channels are determined to be mutually exclusive, applications will
be processed and assessed points to determine the tentative selectee
for the particular channels. The tentative selectee will be the
applicant with the highest point total under the procedure set forth in
this section, and will be awarded the requested permit if the
Commission determines that an award will serve the public interest,
convenience, and necessity.
(b) Based on information provided in each application, each applicant
will be awarded a predetermined number of points under the criteria
listed:
(1) Established local applicant. Three points for local applicants as
defined in § 73.7000 who have been local continuously for no fewer than
the two years (24 months) immediately prior to application, if the
applicant's own governing documents (e.g. by-laws, constitution, or
their equivalent) require that such localism be maintained.
(2) Local diversity of ownership. Two points for applicants with no
attributable interests as defined in § 73.7000, in any other broadcast
station or authorized construction permit (comparing radio to radio and
television to television) whose principal community (city grade)
contour overlaps that of the proposed station, if the applicant's own
governing documents (e.g. by-laws, constitution, or their equivalent)
require that such diversity be maintained. The principal community
(city grade) contour is the 5 mV/m for AM stations, the 3.16 mV/m for
FM stations calculated in accordance with § 73.313(c), and the contour
identified in § 73.685(a) for TV. Radio applicants will count
commercial and noncommercial AM, FM, and FM translator stations other
than fill-in stations. Television applicants will count UHF, VHF, and
Class A stations.
(3) State-wide network. Two points for an applicant that does not
qualify for the credit for local diversity of ownership, if it is:
(i) An entity, public or private, with authority over a minimum of 50
accredited full-time elementary and/or secondary schools within a
single state, encompassed by the combined primary service contours of
the proposed station and its existing station(s), if the existing
station(s) are regularly providing programming to the schools in
furtherance of the school curriculum and the proposed station will
increase the number of schools it will regularly serve; or
(ii) An accredited public or private institution of higher learning
with a minimum of five full time campuses within a single state
encompassed by the combined primary service contours of the proposed
station and its existing station(s), if the existing station(s) are
regularly providing programming to campuses in furtherance of their
curriculum and the proposed station will increase the number of
campuses it will regularly serve; or
(iii) An organization, public or private, with or without direct
authority over schools, that will regularly provide programming for and
in coordination with an entity described in paragraph (b)(3) (i) or
(ii) of this section for use in the school curriculum.
(iv) No entity may claim both the diversity credit and the state-wide
network credit in any particular application.
(4) Technical parameters. One point to the applicant covering the
largest geographic area and population with its relevant contour (60
dBu for FM and Grade B for TV), provided that the applicant covers both
a ten percent greater area and a ten percent greater population than
the applicant with the next best technical proposal. The top applicant
will receive two points instead of one point if its technical proposal
covers both a 25 percent greater area and 25 percent greater population
than the next best technical proposal.)
(c) If the best qualified (highest scoring) two or more applicants have
the same point accumulation, the tentative selectee will be determined
by a tie-breaker mechanism as follows:
(1) Each applicant's number of attributable existing authorizations
(licenses and construction permits, commercial and noncommercial) in
the same service (radio or television) nationally, as of the time of
application shall be compared, and the applicant with the fewest
authorizations will be chosen as tentative selectee. Radio applicants
will count commercial and noncommercial AM, FM, and FM translator
stations other than fill-in stations. Television applicants will count
UHF, VHF, and Class A stations.
(2) If a tie remains after the tie breaker in paragraph (c)(1) of this
section, the tentative selectee will be the remaining applicant with
the fewest pending new and major change applications in the same
service at the time of filing;
(3) If a tie remains after the tie breaker in paragraph (c)(2) of this
section, each of the remaining applicants will be identified as a
tentative selectee, with the time divided equally among them.
(d) Settlements. At any time during this process, the applicants may
advise the Commission that they are negotiating or have reached
settlement, and the Commission will withhold further comparative
processing for a reasonable period upon such notification. Settlement
may include an agreement to share time on the channel voluntarily or
other arrangement in compliance with Commission rules. Parties to a
settlement shall comply with § 73.3525, limiting any monetary payment
to the applicant's reasonable and prudent expenses.
(e) For applications filed after April 21, 2000, an applicant's maximum
qualifications are established at the time of application and will be
reduced for any post-application changes that negatively affect any
evaluation criterion.
(f) For applications filed on or before April 21, 2000, an applicant's
maximum qualifications are established as of the relevant date listed
in paragraph (f)(1), (2), or (3) of this section. After the relevant
date for determining an applicant's maximum points, points will be
reduced for any changes that negatively affect any evaluation
criterion. Applicants will establish their qualifications according to
the following:
(1) If the applicant is in a group for which a "B" cut-off notice
issued prior to April 21, 2000 its maximum non-technical qualifications
are established as of the date by which applicants must supplement
their applications to supply point information, and its maximum
technical qualifications are established as of the date of the "B"
cut-off notice;
(2) If the applicant is in a group for which an "A" cut-off notice
issued prior to April 21, 2000 but for which no "B" cut-off notice
issued, its maximum non-technical qualifications are established as of
the date by which applicants must supplement their applications to
supply point information, and its maximum technical qualifications are
established as of April 21, 2000;
(3) If the applicant was neither placed on an "A" cut-off list prior to
April 21, 2000 nor filed in response to such an "A" cut-off list, it is
subject to competition from applications filed within the first filing
window, and its maximum technical and non-technical qualifications will
be determined as of the close of the first filing window.
[ 65 FR 36380 , June 8, 2000, as amended at 66 FR 15356 , Mar. 19, 2001]
Goto Section: 73.7002 | 73.7004
Goto Year: 2010 |
2012
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