FCC 1.420 Revised as of December 4, 2012
Goto Year:2011 |
§ 1.420 Additional procedures in proceedings for amendment of the FM or TV
Tables of Allotments, or for amendment of certain FM assignments.
(a) Comments filed in proceedings for amendment of the FM Table of
Allotments (§ 73.202 of this chapter) or the Television Table of
Allotments (§ 73.606 of this chapter) which are initiated on a petition
for rule making shall be served on petitioner by the person who files
(b) Reply comments filed in proceedings for amendment of the FM or
Television Tables of Allotments shall be served on the person(s) who
filed the comments to which the reply is directed.
(c) Such comments and reply comments shall be accompanied by a
certificate of service.
(d) Counterproposals shall be advanced in initial comments only and
will not be considered if they are advanced in reply comments.
(e) An original and 4 copies of all petitions for rulemaking, comments,
reply comments, and other pleadings shall be filed with the Commission.
(f) Petitions for reconsideration and responsive pleadings shall be
served on parties to the proceeding and on any licensee or permittee
whose authorization may be modified to specify operation on a different
channel, and shall be accompanied by a certificate of service.
(g) The Commission may modify the license or permit of a UHF TV station
to a VHF channel in the same community in the course of the rule making
proceeding to amend § 73.606(b), or it may modify the license or permit
of an FM station to another class of channel through notice and comment
procedures, if any of the following conditions are met:
(1) There is no other timely filed expression of interest, or
(2) If another interest in the proposed channel is timely filed, an
additional equivalent class of channel is also allotted, assigned or
available for application.
Note to Paragraph ( g ): In certain situations, a licensee or permittee
may seek an adjacent, intermediate frequency or co-channel upgrade by
application. See § 73.203(b) of this chapter.
(h) Where licensees (or permittees) of television broadcast stations
jointly petition to amend § 73.606(b) and to exchange channels, and
where one of the licensees (or permittees) operates on a commercial
channel while the other operates on a reserved noncommercial
educational channel within the same band, and the stations serve
substantially the same market, then the Commission may amend
§ 73.606(b) and modify the licenses (or permits) of the petitioners to
specify operation on the appropriate channels upon a finding that such
action will promote the public interest, convenience, and necessity.
Note 1 to paragraph ( h ): Licensees and permittees operating Class A
FM stations who seek to upgrade their facilities to Class B1, B, C3,
C2, C1, or C on Channel 221, and whose proposed 1 mV/m signal contours
would overlap the Grade B contour of a television station operating on
Channel 6 must meet a particularly heavy burden by demonstrating that
grants of their upgrade requests are in the public interest. In this
regard, the Commission will examine the record in rule making
proceedings to determine the availability of existing and potential
non-commercial education service.
(i) In the course of the rule making proceeding to amend § 73.202(b) or
§ 73.606(b), the Commission may modify the license or permit of an FM
or television broadcast station to specify a new community of license
where the amended allotment would be mutually exclusive with the
licensee's or permittee's present assignment.
(j) Whenever an expression of interest in applying for, constructing,
and operating a station has been filed in a proceeding to amend the FM
or TV Table of Allotments, and the filing party seeks to dismiss or
withdraw the expression of interest, either unilaterally or in exchange
for financial consideration, that party must file with the Commission a
request for approval of the dismissal or withdrawal, a copy of any
written agreement related to the dismissal or withdrawal, and an
affidavit setting forth:
(1) A certification that neither the party withdrawing its interest nor
its principals has received or will receive any money or other
consideration in excess of legitimate and prudent expenses in exchange
for the dismissal or withdrawal of the expression of interest;
(2) The exact nature and amount of any consideration received or
(3) An itemized accounting of the expenses for which it seeks
(4) The terms of any oral agreement related to the dismissal or
withdrawal of the expression of interest.
(5) In addition, within 5 days of a party's request for approval, each
remaining party to any written or oral agreement must submit an
affidavit setting forth:
(i) A certification that neither it nor its principals has paid or will
pay money or other consideration in excess of the legitimate and
prudent expenses of the party withdrawing its expression of interest;
(ii) The terms of any oral agreement relating to the dismissal or
withdrawal of the expression of interest.
Note to § 1.420: The reclassification of a Class C station in
accordance with the procedure set forth in Note 4 to § 73.3573 may be
initiated through the filing of an original petition for amendment of
the FM Table of Allotments. The Commission will notify the affected
Class C station licensee of the proposed reclassification by issuing a
notice of proposed rule making, except that where a triggering petition
proposes an amendment or amendments to the FM Table of Allotments in
addition to the proposed reclassification, the Commission will issue an
order to show cause as set forth in Note 4 to § 73.3573, and a notice
of proposed rule making will be issued only after the reclassification
issue is resolved. Triggering petitions will be dismissed upon the
filing, rather than the grant, of an acceptable construction permit
application to increase antenna height to at least 451 meters HAAT by a
subject Class C station.
(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C.
154, 303, 307)
[ 39 FR 44022 , Dec. 20, 1974, as amended at 40 FR 53391 , Nov. 18, 1975;
41 FR 1287 , Jan. 7, 1976; 51 FR 15629 , Apr. 25, 1986; 51 FR 20291 , June
4, 1986; 52 FR 8260 , Mar. 17, 1987; 52 FR 25866 , July 9, 1987; 54 FR 16366 , Apr. 24, 1989; 54 FR 26201 , June 22, 1989; 55 FR 28914 , July 16,
1990; 58 FR 38535 , July 19, 1993; 59 FR 59503 , Nov. 17, 1994; 61 FR 43472 , Aug. 23, 1996; 65 FR 79776 , Dec. 20, 2000; 71 FR 76215 , Dec. 20,
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