FCC Web Documents citing 73.3533
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- not require a construction permit, see Revision and Update of Part 22 of the Public Mobile Radio Services Rules, Report and Order, 95 FCC 2d 769, 773-74 ¶ 16 (1987), and may construct facilities prior to the grant of their application. See 47 C.F.R. § 22.143. In contrast, construction permits are required for broadcast service applicants. See 47 C.F.R. § 73.3533. 47 U.S.C. § 307(b). In keeping with its statutory mandate, the Commission presumes that every community of "appreciable size,'' Plainview Radio, Decision, 24 FCC 405, 421 ¶ 13 (1958), needs at least one radio station for local self-expression. Bie Broadcasting Co., Decision, 81 FCC 2d 1, 26 ¶ 47 (Rev. Bd. 1980), rev. denied, Memorandum Opinion and Order, 87 FCC
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- Forms 304, 304A, 305, 306, 330, 330A, 330R, 331, 405, 430, and 701. See 47 C.F.R. § 1.949 for the rules governing renewals. ; 47 C.F.R. § 0.408. See 47 C.F.R. § 1.948. See e.g. 47 C.F.R §§ 73.3500, 73.3536 (elimination of all references to FCC Form 330-L, ``Application for Instructional Television Fixed Station License); 47 C.F.R. §§ 21.11(b); 73.3500; 73.3533(b) (elimination of all references to FCC Form 307). In addition, we propose to delete references to obsolete MDS forms mentioned in Part 74. See 47 C.F.R. § 74.991. ULS R&O, 13 FCC Rcd at 21027, 21038-21039 ¶ 16. Id. at 21042-21043 ¶ 24. Id. ULS R&O, 13 FCC Rcd 21027 (1998) at 21042-3, ¶ 22-4. See, e.g., Public Notice: Wireless
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- a construction permit, for a new facility or change in an existing facility, for any AM, FM, TV and Class A TV broadcast service, to include the Antenna Structure Registration Number. Need: This rule ensures the antenna structures are registered prior to staff consideration of the construction permit or license application. Legal Basis: 47 U.S.C. 154. Section Number and Title: 73.3533(c) Application for construction permit or modification of construction permit. PART 76 - MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE SUBPART J - OWNERSHIP OF CABLE SYSTEMS Brief Description: This rule generally prohibits a local exchange carrier ("LEC") or its affiliate from acquiring a cable company within the LEC's telephone service area, and prohibits a cable company or its affiliate from acquiring
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- applications to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze does not prevent the processing of pending applications. See id. See also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. See Third DTV Periodic Report and Order, supra note 1, at ¶¶ 148 and 153. The Commission has tentatively established August 17, 2008 as the date we will lift the freeze, provided we have completed processing stations' applications to build their post-transition facilities. Id. See, supra, note 10. In the Third DTV Periodic Report and Order, the Commission established
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- reference to the commission omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act...'' See Southern California Broadcasting Co., 6FCC Rcd 4387(1991). 47 C.F.R. § § 74.780, 73.3538(a)(1) and (4), 73.3572. 47 C.F.R. § § 74.780, 73.1690(b). See e.g., 47 C.F.R. § § 74.780, 73.3533, 73.3538, 73.3572. The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines 12 FCC Rcd 17087 (1997), (recon, denied), 15 FCC Rcd 303 (1999) (``Forfeiture Policy Statement''). 47 U.S.C. § 503(b)(2)(D). 47 U.S.C. § 503(b). 47 C.F.R. §§ 0.111, 0.311, 1.80. 47 C.F.R. §74.780, 73.3538(a)(1), 73.3538(a)(4). 47 C.F.R. § 1.80. See 47
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- 601 and 603 to read as follows: § 73.3500 Application and report forms. (a) * * * Form Number Title * * * * * * * * * * 601 FCC Application for Wireless Telecommunications Bureau Radio Service Authorization 603 FCC Wireless Telecommunications Bureau Application for Assignments of Authorization and Transfers of Control * * * * * Section 73.3533 is proposed to be amended by removing and reserving paragraph (a)(3) to read as follows: § 73.3533 Application for construction permit or modification of construction permit. (a) * * * (3) [Reserved] * * * * * Section 73.3536 is proposed to be amended by removing and reserving paragraph (b)(3) to read as follows: § 73.3536 Application for license to
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- 601 and 603 to read as follows: § 73.3500 Application and report forms. (a) * * * Form number Title * * * * * * * * * * 601 FCC Application for Wireless Telecommunications Bureau Radio Service Authorization 603 FCC Wireless Telecommunications Bureau Application for Assignments of Authorization and Transfers of Control * * * * * Section 73.3533 is amended by removing and reserving paragraph (a)(3). § 73.3533 Application for construction permit or modification of construction permit. (a) * * * (3) [Reserved] * * * * * Section 73.3536 is amended by removing and reserving paragraph (b)(3). § 73.3536 Application for license to cover construction permit. (b) * * * (3) [Reserved] * * * * *
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- not require a construction permit, see Revision and Update of Part 22 of the Public Mobile Radio Services Rules, Report and Order, 95 FCC 2d 769, 773-74 ¶ 16 (1987), and may construct facilities prior to the grant of their application. See 47 C.F.R. § 22.143. In contrast, construction permits are required for broadcast service applicants. See 47 C.F.R. § 73.3533. 47 U.S.C. § 307(b). In keeping with its statutory mandate, the Commission presumes that every community of "appreciable size,'' Plainview Radio, Decision, 24 FCC 405, 421 ¶ 13 (1958), needs at least one radio station for local self-expression. Bie Broadcasting Co., Decision, 81 FCC 2d 1, 26 ¶ 47 (Rev. Bd. 1980), rev. denied, Memorandum Opinion and Order, 87 FCC
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- Forms 304, 304A, 305, 306, 330, 330A, 330R, 331, 405, 430, and 701. See 47 C.F.R. § 1.949 for the rules governing renewals. ; 47 C.F.R. § 0.408. See 47 C.F.R. § 1.948. See e.g. 47 C.F.R §§ 73.3500, 73.3536 (elimination of all references to FCC Form 330-L, ``Application for Instructional Television Fixed Station License); 47 C.F.R. §§ 21.11(b); 73.3500; 73.3533(b) (elimination of all references to FCC Form 307). In addition, we propose to delete references to obsolete MDS forms mentioned in Part 74. See 47 C.F.R. § 74.991. ULS R&O, 13 FCC Rcd at 21027, 21038-21039 ¶ 16. Id. at 21042-21043 ¶ 24. Id. ULS R&O, 13 FCC Rcd 21027 (1998) at 21042-3, ¶ 22-4. See, e.g., Public Notice: Wireless
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- Forms 304, 304A, 305, 306, 330, 330A, 330R, 331, 405, 430, and 701. See 47 C.F.R. § 1.949 for the rules governing renewals. ; 47 C.F.R. § 0.408. See 47 C.F.R. § 1.948. See e.g. 47 C.F.R §§ 73.3500, 73.3536 (elimination of all references to FCC Form 330-L, ``Application for Instructional Television Fixed Station License); 47 C.F.R. §§ 21.11(b); 73.3500; 73.3533(b) (elimination of all references to FCC Form 307). In addition, we propose to delete references to obsolete MDS forms mentioned in Part 74. See 47 C.F.R. § 74.991. ULS R&O, 13 FCC Rcd at 21027, 21038-21039 ¶ 16. Id. at 21042-21043 ¶ 24. Id. ULS R&O, 13 FCC Rcd 21027 (1998) at 21042-3, ¶ 22-4. See, e.g., Public Notice: Wireless
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- of the transition. PART 73--RADIO BROADCAST SERVICES The authority citation for Part 73 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 303, 334 and 336. Section 73.1010(e) is amended by deleting paragraph 7 and redesignating paragraph 8 as paragraph 7. The table at Section 73.3500(a) is amended by deleting the references to Form numbers 330, 330-L, and 330-R. Section 73.3533(a) is amended by deleting paragraph 4 and redesignating paragraphs 5 through 8 as paragraphs 4 through 7. Section 73.3534 is deleted and reserved. Section 73.3536(b) is amended by deleting paragraph 4 and redesignating paragraphs 5 through 7 as paragraphs 4 through 6. Section 73.5000 is amended by revising paragraph (a) to read as follows: (a) Mutually exclusive applications for new
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- 224, ¶ 158. In the TV and DTV broadcasting services, applicants file separately for a construction permit and a license to operate a facility when construction is completed. Licensees may also file applications for construction permits to modify their stations' facilities. When applications are granted, the facilities are authorized by a construction permit or license. See, e.g., 47 C.F.R. §§ 73.3533, 73.3536, and 73.3538. Some commenters request that we more narrowly limit interference protection to broadcasters in the 700 MHz band. See APSCO Comments at 2. See also Access Spectrum Comments at 10-11; NYS-OFT Comments at 14-15. Sinclair Comments at 13. In limited circumstances we will grant interference protection beyond the replication/maximization dates for stations granted construction extension waivers. See section
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- No. 03-15 at 8-9. See WPSX/Penn State Reply in MB Docket No. 03-15 at 2. See 47 C.F.R. §§ 73.624(d) and 73.3598. For example: 47 C.F.R. § 73.1690(b) requires a construction permit be granted before a new tower structure is built for broadcast purposes, or a station's geographic coordinates are changed or effective radiated power is increased; 47 C.F.R. § 73.3533 requires that a Form 301 be used by commercial broadcast stations seeking a construction permit and Form 340 be used by noncommercial educational broadcast stations; 47 C.F.R. § 73.3572 describes the processing of TV broadcast station applications; and 47 C.F.R. § 73.3598 specifies the period of construction (but §73.624(d) specifies DTV build-out dates). Id. See proposed rule section 47 C.F.R.
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- applications to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze does not prevent the processing of pending applications. See id. See also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. In the Second DTV Periodic Report and Order, the Commission noted that it would continue to process rulemakings in which a Notice of Proposed Rulemaking (``NPRM'') had been issued prior to the adoption of the Second DTV Periodic Report and Order, but ordered the dismissal of all pending petitions to change the NTSC Table of Allotments (``NTSC Table'') in
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- applications to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze does not prevent the processing of pending applications. See id. See also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. In the Seventh Report and Order, we denied seven requests of stations seeking a waiver of the filing freeze, except for one station which demonstrated unique circumstances. Seventh Report and Order, 22 FCC Rcd at 15618-9, ¶ 90. Seventh Report and Order at apps. A and B. See also 47 C.F.R. § 73.622(i). Approximately 123 stations have filed petitions
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- requests for additional time to construct DTV facilities with construction deadlines occurring post-transition, i.e., February 17, 2009 and later). See 47 C.F.R. §73.3598(b) (rule for analog CPs and singletons). See infra discussion of application requirements in section V.D. Stations seeking to modify an existing license or authorization should use FCC Form 301 or 340; see 47 C.F.R. §§ 73.1615, 73.1690(b), 73.3533, 73.3538. See list of stations in Appendix D, infra. We remind stations of their continuing obligation to notify the Commission concerning changes in their facilities. See, e.g., 47 C.F.R. §§ 1.65, 73.1690, 73.3533, 73.3538. Stations are expected to comply with the rules and may refer to adjustments in their facilities as described in the new DTV Table Appendix B in
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- applications to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze did not prevent the processing of pending applications. See id.; see also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. On May 30, 2008, the Commission lifted this freeze. That action effectively allowed stations to file applications for maximization of their facilities and any desired channel changes, immediately and the Commission encouraged stations to file promptly. That action did not, however, lift the current freeze on filing of petitions for allotment of DTV channels for new stations, or for
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- applications to change DTV channel allotments among two or more licensees; (v) petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license; (vi) applications to maximize DTV or analog TV facilities; and (vii) certain Class A television station applications. The freeze does not prevent the processing of pending applications. See id. See also 47 C.F.R. §§ 73.1690, 73.3533, 73.3538. In the Second DTV Periodic Report and Order, the Commission noted that it would continue to process rulemakings in which a Notice of Proposed Rulemaking (``NPRM'') had been issued prior to the adoption of the Second DTV Periodic Report and Order, but ordered the dismissal of all pending petitions to change the NTSC Table of Allotments (``NTSC Table'') in
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- Rules to Provide Additional Spectrum for the Medical Device Radiocommunication Service in the 413-457 MHz band, ET Docket No. 09-36, Notice of Proposed Rulemaking, 24 FCC Rcd 3445 (2009). Call Sign WF2XJX (available for viewing through the Commission's Experimental Licensing System at https://apps.fcc.gov/oetcf/els/index.cfm). See 47 C.F.R. §§ 22.165(2); 22.377(b); 22.401; 22.403; 22.409; 22.413; 22.591(a); 22.599(b); 73.72; 73.1010(e)(1); 73.1510; 73.1010; 73.3500(a); 73.3533(a)(2); 73.3536(b)(2); 73.3539(a); 74.1; 74.15; 74.16; 74.101; 74.102; 74.103; 74.112; 74.113; 74.131; 74.132; 74.133; 74.151; 74.161; 74.162; 74.163; 74.165; 74.181; 74.182; 74.183; 74.184; 78.107(a)(2)(ii); 80.25(c); 80.33; 80.377; 80.391; 87.27(b); 87.37; 90.35(c)(75); 90.35(c)(89); 90.35(d)(6); 90.250(i); 90.501; 90.503; 90.505; 90.507; 90.509; 90.511; 90.513; 90.515; 90.517; 101.21(b); 101.129(a); 101.401; 101.403; 101.405; 101.407; 101.409; 101.411; and 101.413. Additionally, provisions contained in Part 1 set forth
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- A beta online version of Title 47 C.F.R. Parts 11, 17 and 73 can be found at: Part 11: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=dfb774ab024c5b210621bfdd118f08f1&tpl=/ecfrbrowse/Title47/47cfr11_main_02.tpl Part 17: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=dfb774ab024c5b210621bfdd118f08f1&tpl=/ecfrbrowse/Title47/47cfr17_main_02.tpl Part 73: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=dfb774ab024c5b210621bfdd118f08f1&tpl=/ecfrbrowse/Title47/47cfr73_main_02.tpl SECTION I: ADMINISTRATIVE AND NON-TECHNICAL A. AUTHORIZATIONS: The station license, construction permit and/or any other instrument of authorization shall be readily available and easily accessible at the station's principal control point. [See 73.845, 73.1230, 73.3533(a)(8), 73.3536 and 73.3539] 1. AUTHORIZATIONS: Are current station authorizations readily available at the principal control point for this station? B. STATION LOGS/RECORDS: STATION LOGS include entries pertaining to equipment outages due to equipment malfunction, servicing, or replacement; entries for operation not in accordance with the station license; entries relating to required tests and activations of the Emergency Alert System (EAS)
- http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
- 73.3521 Mutually exclusive applications for low power television, television translators and television booster stations. [612]TEXT [613]PDF 73.3522 Amendment of applications. [614]TEXT [615]PDF 73.3523 Dismissal of applications in renewal proceedings. [616]TEXT [617]PDF 73.3525 Agreements for removing application conflicts. [618]TEXT [619]PDF 73.3526 Local public inspection file of commercial stations. [620]TEXT [621]PDF 73.3527 Local public inspection file of noncommercial educational stations. [622]TEXT [623]PDF 73.3533 Application for construction permit or modification of construction permit. [624]TEXT [625]PDF 73.3536 Application for license to cover construction permit. [626]TEXT [627]PDF 73.3537 Application for license to use former main antenna as an auxiliary. [628]TEXT [629]PDF 73.3538 Application to make changes in an existing station. [630]TEXT [631]PDF 73.3539 Application for renewal of license. [632]TEXT [633]PDF 73.3540 Application for voluntary assignment or
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- is revised to read as follows: ( 73.3537 See ( 73.1675, "Auxiliary Facility". Section 73.3538 is revised to read as follows: ( 73.3538 Where prior authority is required from the FCC to make changes in an existing station, the following procedures shall be used to request that authority: (a) An application for construction permit using the forms listed in ( 73.3533 must be filed for authority to: (1) Make any of the changes listed in ( 73.1690(b). (2) Change the hours of operation of an AM station, where the hours of operation are specified on the license or permit. (3) Install a transmitter which has not been approved (type accepted) by the FCC for use by licensed broadcast stations. Sections 73.3538
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- believe that our established procedures with regard to short-form applications and upfront payments strike the proper balance between deterring speculation, yet still providing bidders with flexibility during the auction. See Second Report and Order and Further Notice of Proposed Rulemaking in WT Docket No. 96-18 and PP Docket No. 93-253, 12 FCC Rcd 2732, 2793-94 (1997). See 47 C.F.R. § 73.3533 for identification of the specific long-forms used in applying for broadcast service construction 170 permits or for modification of construction permits. See, e.g., 47 C.F.R. §§ 1.1104 (schedule of application filing fees); 1.1111 (filing locations). 171 56 would result from the disqualification of winning bidders and the reauctioning of broadcast construction permits. See Second Report and Order, 9 FCC Rcd
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- believe that our established procedures with regard to short-form applications and upfront payments strike the proper balance between deterring speculation, yet still providing bidders with flexibility during the auction. See Second Report and Order and Further Notice of Proposed Rulemaking in WT Docket No. 96-18 and PP Docket No. 93-253, 12 FCC Rcd 2732, 2793-94 (1997). See 47 C.F.R. § 73.3533 for identification of the specific long-forms used in applying for broadcast service construction 170 permits or for modification of construction permits. See, e.g., 47 C.F.R. §§ 1.1104 (schedule of application filing fees); 1.1111 (filing locations). 171 56 would result from the disqualification of winning bidders and the reauctioning of broadcast construction permits. See Second Report and Order, 9 FCC Rcd
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
- such licensee's authorization. * * * * * * . 36. Section 73.1660 is modified as follows: §73.1660 Acceptability of broadcast transmitters. (a) An AM, FM, LPFM, or TV transmitter shall be verified for compliance with the requirements of this part following the procedures described in Part 2 of the FCC rules. (b) * * * * * 37. Section 73.3533 is modified as follows: § 73.3533 Application for construction permit or modification of construction permit. * * * * * (a)(8) FCC Form 318, ``Application for Construction Permit for a Low Power FM Broadcast Station.'' * * * * * 38. Section 73.3536 is modified as follows: § 73.3536 Application for license to cover construction permit. * * * *
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239163A1.html
- when used with reference to the commission omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act...'' See Southern California Broadcasting Co., 6FCC Rcd 4387(1991). 6 47 C.F.R. 74.780, 73.3538(a)(1) and (4), 73.3572. 7 47 C.F.R. 74.780, 73.1690(b). 8 See e.g., 47 C.F.R. 74.780, 73.3533, 73.3538, 73.3572. 9 The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines 12 FCC Rcd 17087 (1997), (recon, denied), 15 FCC Rcd 303 (1999) (``Forfeiture Policy Statement''). 10 47 U.S.C. 503(b)(2)(D). 11 47 U.S.C. 503(b). 12 47 C.F.R. 0.111, 0.311, 1.80. 13 47 C.F.R. 74.780, 73.3538(a)(1), 73.3538(a)(4). 14 47 C.F.R. 1.80.
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- not require a construction permit, see Revision and Update of Part 22 of the Public Mobile Radio Services Rules, Report and Order, 95 FCC 2d 769, 773-74 ¶ 16 (1987), and may construct facilities prior to the grant of their application. See 47 C.F.R. § 22.143. In contrast, construction permits are required for broadcast service applicants. See 47 C.F.R. § 73.3533. 47 U.S.C. § 307(b). In keeping with its statutory mandate, the Commission presumes that every community of "appreciable size,'' Plainview Radio, Decision, 24 FCC 405, 421 ¶ 13 (1958), needs at least one radio station for local self-expression. Bie Broadcasting Co., Decision, 81 FCC 2d 1, 26 ¶ 47 (Rev. Bd. 1980), rev. denied, Memorandum Opinion and Order, 87 FCC
- http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.pdf
- is revised to read as follows: ( 73.3537 See ( 73.1675, "Auxiliary Facility". Section 73.3538 is revised to read as follows: ( 73.3538 Where prior authority is required from the FCC to make changes in an existing station, the following procedures shall be used to request that authority: (a) An application for construction permit using the forms listed in ( 73.3533 must be filed for authority to: (1) Make any of the changes listed in ( 73.1690(b). (2) Change the hours of operation of an AM station, where the hours of operation are specified on the license or permit. (3) Install a transmitter which has not been approved (type accepted) by the FCC for use by licensed broadcast stations. Sections 73.3538
- http://www.fcc.gov/mb/audio/bickel/amfmrule.html
- 73.3521 Mutually exclusive applications for low power television, television translators and television booster stations. [612]TEXT [613]PDF 73.3522 Amendment of applications. [614]TEXT [615]PDF 73.3523 Dismissal of applications in renewal proceedings. [616]TEXT [617]PDF 73.3525 Agreements for removing application conflicts. [618]TEXT [619]PDF 73.3526 Local public inspection file of commercial stations. [620]TEXT [621]PDF 73.3527 Local public inspection file of noncommercial educational stations. [622]TEXT [623]PDF 73.3533 Application for construction permit or modification of construction permit. [624]TEXT [625]PDF 73.3536 Application for license to cover construction permit. [626]TEXT [627]PDF 73.3537 Application for license to use former main antenna as an auxiliary. [628]TEXT [629]PDF 73.3538 Application to make changes in an existing station. [630]TEXT [631]PDF 73.3539 Application for renewal of license. [632]TEXT [633]PDF 73.3540 Application for voluntary assignment or
- http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
- 73.3521 Mutually exclusive applications for low power television, television translators and television booster stations. [565]TEXT [566]PDF 73.3522 Amendment of applications. [567]TEXT [568]PDF 73.3523 Dismissal of applications in renewal proceedings. [569]TEXT [570]PDF 73.3525 Agreements for removing application conflicts. [571]TEXT [572]PDF 73.3526 Local public inspection file of commercial stations. [573]TEXT [574]PDF 73.3527 Local public inspection file of noncommercial educational stations. [575]TEXT [576]PDF 73.3533 Application for construction permit or modification of construction permit. [577]TEXT [578]PDF 73.3536 Application for license to cover construction permit. [579]TEXT [580]PDF 73.3537 Application for license to use former main antenna as an auxiliary. [581]TEXT [582]PDF 73.3538 Application to make changes in an existing station. [583]TEXT [584]PDF 73.3539 Application for renewal of license. [585]TEXT [586]PDF 73.3540 Application for voluntary assignment or
- http://www.fcc.gov/ogc/documents/opinions/1998/dunifer.html http://www.fcc.gov/ogc/documents/opinions/1998/dunifer.wp
- a waiver. A correctly plead application for a license to broadcast on an FM noncommercial educational radio station must show compliance with many rules, and a request for a waiver of any of the rules must be included with the license application. See Declaration of Linda Blair, Acting Chief, Audio Services Division, Mass Media Bureau, FCC at 3:10-14; 47 C.F.R. 73.3533(a)(5). The premise of a waiver application is that the rule to be waived is valid, but that the rule is not in the " 'public interest' if extended to [the] applicant who proposes a new service that will not undermine the policy, served by the rule, that has been adjudged in the public interest." WAIT Radio, 418 F.2d at 1157.
- http://www.fcc.gov/ogc/documents/opinions/2000/99-15035.html
- for Review of the monetary forfeiture. This argument is misguided, as Dunifer concededly did not comply with the statutory and regulatory requirements for a license application. See 47 U.S.C. 308(b) (noting that the applicant must set forth "facts . . . as to citizenship, character, and financial, technical, and other qualifications . . . to operate the station"); 47 C.F.R. 73.3533 (listing the various forms that must be completed to apply for a license). Nor was Dunifer's request for a copy of the standards relating to waivers equivalent to a waiver request itself. See 47 C.F.R.S 73.3566(a) (noting that a waiver application must "show the nature of the waiver or exception desired and shall set forth the reasons in support thereof").