§  74.1232   Eligibility and licensing requirements.

   (a) Subject to the restrictions set forth in paragraph (d) of this
   section, a license for an FM broadcast translator station may be issued
   to any qualified individual, organized group of individuals, broadcast
   station licensee, or local civil governmental body, upon an appropriate
   showing that plans for financing the installation and operation of the
   translator are sufficiently sound to assure prompt construction of the
   translator and dependable service.

   (b) More than one FM translator may be licensed to the same applicant,
   whether or not such translators serve substantially the same area, upon
   an appropriate showing of technical need for such additional stations.
   FM translators are not counted as FM stations for the purpose of
   § 73.3555 of this chapter concerning multiple ownership.

   Note: As used in this section need refers to the quality of the signal
   received and not to the programming content, format, or transmission
   needs of an area.

   (c) Only one input and one output channel will be assigned to each FM
   translator. Additional FM translators may be authorized to provide
   additional reception. A separate application is required for each FM
   translator and each application shall be complete in all respects.

   (d) An authorization for an FM translator whose coverage contour
   extends beyond the protected contour of the commercial primary station
   will not be granted to the licensee or permittee of a commercial FM
   radio broadcast station. Similarly, such authorization will not be
   granted to any person or entity having any interest whatsoever, or any
   connection with a primary FM station. Interested and connected parties
   extend to group owners, corporate parents, shareholders, officers,
   directors, employees, general and limited partners, family members and
   business associates. For the purposes of this paragraph, the protected
   contour of the primary station shall be defined as follows: the
   predicted 0.5mV/m contour for commercial Class B stations, the
   predicted 0.7 mV/m contour for commercial Class B1 stations and the
   predicted 1 mV/m field strength contour for all other FM radio
   broadcast stations. The contours shall be as predicted in accordance
   with § 73.313(a) through (d) of this chapter. In the case of an FM radio
   broadcast station authorized with facilities in excess of those
   specified by § 73.211 of this chapter, a co-owned commercial FM
   translator will only be authorized within the protected contour of the
   class of station being rebroadcast, as predicted on the basis of the
   maximum powers and heights set forth in that section for the applicable
   class of FM broadcast station concerned. An FM translator station in
   operation prior to March 1, 1991, which is owned by a commercial FM
   (primary) station and whose coverage contour extends beyond the
   protected contour of the primary station, may continue to be owned by
   such primary station until March 1, 1994. Thereafter, any such FM
   translator station must be owned by independent parties. An FM
   translator station in operation prior to June 1, 1991, which is owned
   by a commercial FM radio broadcast station and whose coverage contour
   extends beyond the protected contour of the primary station, may
   continue to be owned by a commercial FM radio broadcast station until
   June 1, 1994. Thereafter, any such FM translator station must be owned
   by independent parties. An FM translator providing service to an AM
   fill-in area will be authorized only to the permittee or licensee of
   the AM radio broadcast station being rebroadcast, or, in the case of an
   FM translator authorized to operate on an unreserved channel, to a
   party with a valid rebroadcast consent agreement with such a permittee
   or licensee to rebroadcast that station as the translator's primary
   station. In addition, any FM translator providing service to an AM
   fill-in area must have been authorized by a license or construction
   permit in effect as of May 1, 2009, or pursuant to an application that
   was pending as of May 1, 2009. A subsequent modification of any such FM
   translator will not affect its eligibility to rebroadcast an AM signal.

   (e) An FM translator station whose coverage contour goes beyond the
   protected contour of the commercial primary station shall not receive
   any support, before or after construction, either directly or
   indirectly, from the commercial primary FM radio broadcast station.
   Such support also may not be received from any person or entity having
   any interest whatsoever, or any connection with the primary FM station.
   Interested and connected parties extend to group owners, corporate
   parents, shareholders, officers, directors, employees, general and
   limited partners, family members and business associates. Such an FM
   translator station may, however, receive technical assistance from the
   primary station to the extent of installing or repairing equipment or
   making adjustments to equipment to assure compliance with the terms of
   the translator station's construction permit and license. FM translator
   stations in operation prior to March 1, 1991 may continue to receive
   contributions or support from the commercial primary station for the
   operation and maintenance of the translator station until March, 1,
   1994. Thereafter, any such FM translator station shall be subject to
   the prohibitions on support contained in this section. Such an FM
   translator station may, however, receive technical assistance from the
   primary station to the extent of installing or repairing equipment or
   making adjustments to equipment to assure compliance with the terms of
   the translator station's construction permit and license. FM translator
   stations in operation prior to June 1, 1991 may continue to receive
   contributions or support from a commercial FM radio broadcast station
   for the operation and maintenance of the translator station until June
   1, 1994. Thereafter, any such FM translator station shall be subject to
   the prohibitions on support contained in this section.

   Note: “Technical assistance” refers to actual services provided by the
   primary station's technical staff or compensation for the time and
   services provided by independent engineering personnel. Conversely,
   such support must not include the supply of equipment or direct funding
   for the translator's discretionary use. “Technical assistance” must
   occur after the issuance of the translator's construction permit or
   license in order to meet expenses incurred by installing, repairing, or
   making adjustments to equipment.

   (f) An FM broadcast booster station will be authorized only to the
   licensee or permittee of the FM radio broadcast station whose signals
   the booster station will retransmit, to serve areas within the
   protected contour of the primary station, subject to Note, § 74.1231(h)
   of this part.

   (g) No numerical limit is placed upon the number of FM booster stations
   which may be licensed to a single licensee. A separate application is
   required for each FM booster station. FM broadcast booster stations are
   not counted as FM broadcast stations for the purposes of § 73.5555 of
   this chapter concerning multiple ownership.

   (h) Any authorization for an FM translator station issued to an
   applicant described in paragraphs (d) and (e) of this section will be
   issued subject to the condition that it may be terminated at any time,
   upon not less than sixty (60) days written notice, where the
   circumstances in the community or area served are so altered as to have
   prohibited grant of the application had such circumstances existed at
   the time of its filing.

   [ 35 FR 15388 , Oct. 2, 1970, as amended at  43 FR 14660 , Apr. 7, 1978;  52 FR 10571 , Apr. 2, 1987;  52 FR 31406 , Aug. 20, 1987;  55 FR 50696 , Dec.
   10, 1990;  58 FR 42026 , Aug. 6, 1993;  74 FR 45130 , Sept. 1, 2009;  77 FR 21015 , Apr. 9, 2012]