§ 1.1622   Preferences.

   (a) Any applicant desiring a perference in the random selection shall so
   indicate as part of its application. Such an applicant shall list any owner
   who owns all or part of a medium of mass communications or who is a member
   of a minority group, together with a precise identification of the ownership
   interest held in such medium of mass communications or name of the minority
   group, respectively. Such an applicant shall also state whether more than
   50% of the ownership interests in it are held by members of minority groups
   and  the number of media of mass communications more than 50% of whose
   ownership interests are held by the applicant and/or its owners.

   (b) Preference factors as incorporated in the percentage calculations in
   § 1.1623, shall be granted as follows:

   (1) Applicants, more than 50% of whose ownership interests are held by
   members of minority groups—2:1.

   (2) Applicants whose owners in the aggregate hold more than 50% of the
   ownership interests in no other media of mass communications—2:1.

   (3) Applicants whose owners in the aggregate hold more than 50% of the
   ownership   interest  in  one,  two  or  three  other  media  of  mass
   communications—1.5:1.

   (c) Applicants may receive preferences pursuant to § 1.1622(b)(1) and either
   § 1.1622 (b)(2) or (b)(3).

   (d) Preferences will be determined on the basis of ownership interests as of
   the date of release of the latest Public Notice announcing the acceptance of
   the last-filed mutually exclusive application.

   (e) No preferences pursuant to § 1.1622 (b)(2) or (b)(3) shall be granted to
   any LPTV or MDS applicant whose owners, when aggregated, have an ownership
   interest  of  more  than  50  percent  in  the following media of mass
   communications, if the service areas of those media as described herein
   wholly encompass or are encompassed by the protected predicted contour,
   computed in accordance with § 74.707(a), of the low power TV or TV translator
   station for which the license or permit is sought, or computed in accordance
   with § 21.902(d), of the MDS station for which the license or permit is
   sought.

   (1) AM broadcast station—predicted or measured 2 mV/m groundwave contour,
   computed in accordance with § 73.183 or § 73.186;

   (2) FM broadcast station—predicted 1 mV/m contour, computed in accordance
   with § 73.313;

   (3)  TV broadcast station—Grade A contour, computed in accordance with
   § 73.684;

   (4) Low power TV or TV translator station—protected predicted contour,
   computed in accordance with § 74.707(a);

   (5)  Cable  television  system  franchise area, nor will the diversity
   preference be available to applicants whose proposed transmitter site is
   located within the franchise area of a cable system in which its owners, in
   the aggregate, have an ownership interest of more than 50 percent.

   (6)  Daily  newspaper community of publication, nor will the diversity
   preference be available to applicants whose proposed transmitter site is
   located within the community of publication of a daily newspaper in which
   its owners, in the aggregate, have an ownership interest of more than 50
   percent.

   (7)  Multipoint Distribution Service—station service area, computed in
   accordance with § 21.902(d).

   [ 48 FR 27202 , June 13, 1983, as amended at  50 FR 5992 , Feb. 13, 1985;  50 FR 11161 , Mar. 20, 1985]

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