Goto Section: 74.798 | 74.801 | Table of Contents
Revised as of October 1, 2016
Goto Year:2015 |
§ 74.800 Low power television and TV translator channel sharing.
(a) Channel sharing generally. (1) Subject to the provisions of this
section, low power television and TV translator stations may
voluntarily seek Commission approval to share a single six megahertz
channel with other low power television and TV translator stations.
(2) Each station sharing a single channel pursuant to this section
shall continue to be licensed and operated separately, have its own
call sign and be separately subject to all of the Commission's
obligations, rules, and policies.
(b) Licensing of channel sharing stations. The low power television or
TV translator channel sharing station relinquishing its channel must
file an application for the initial channel sharing construction
permit, include a copy of the channel sharing agreement as an exhibit,
and cross reference the other sharing station(s). Any engineering
changes necessitated by the channel sharing arrangement may be included
in the station's application. Upon initiation of shared operations, the
station relinquishing its channel must notify the Commission that it
has terminated operation pursuant to § 73.1750 of this part and each
sharing station must file an application for license.
(c) Deadline for implementing channel sharing arrangements. Channel
sharing arrangements submitted pursuant to this section must be
implemented within three years of the grant of the initial channel
sharing construction permit.
(d) Channel sharing agreements. (1) Channel sharing agreements (CSAs)
submitted under this section must contain provisions outlining each
licensee's rights and responsibilities regarding:
(i) Access to facilities, including whether each licensee will have
unrestrained access to the shared transmission facilities;
(ii) Allocation of bandwidth within the shared channel;
(iii) Operation, maintenance, repair, and modification of facilities,
including a list of all relevant equipment, a description of each
party's financial obligations, and any relevant notice provisions;
(iv) Transfer/assignment of a shared license, including the ability of
a new licensee to assume the existing CSA; and
(v) Termination of the license of a party to the CSA, including
reversion of spectrum usage rights to the remaining parties to the CSA.
(2) CSAs must include provisions:
(i) Affirming compliance with the channel sharing requirements in
paragraph (d)(1) of this section and all relevant Commission rules and
(ii) Requiring that each channel sharing licensee shall retain spectrum
usage rights adequate to ensure a sufficient amount of the shared
channel capacity to allow it to provide at least one Standard
Definition program stream at all times.
(e) Upon termination of the license of a party to a CSA, the spectrum
usage rights covered by that license may revert to the remaining
parties to the CSA. Such reversion shall be governed by the terms of
the CSA in accordance with paragraph (d)(1)(v) of this section. If upon
termination of the license of a party to a CSA only one party to the
CSA remains, the remaining licensee may file an application to change
its license to non-shared status using FCC Form 2100, Schedule D.
(f) If the rights under a CSA are transferred or assigned, the assignee
or the transferee must comply with the terms of the CSA in accordance
with paragraph (d)(1)(iv) of this section. If the transferee or
assignee and the licensees of the remaining channel sharing station or
stations agree to amend the terms of the existing CSA, the agreement
may be amended, subject to Commission approval.
[ 81 FR 5053 , Feb. 1, 2016]
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Goto Section: 74.798 | 74.801
Goto Year: 2015 |
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