Goto Section: 73.3617 | 73.3701 | Table of Contents

FCC 73.3700
Revised as of October 20, 2020
Goto Year:2020 | 2022
  §  73.3700   Post-incentive auction licensing and operation.

   (a) Definitions—(1) Broadcast television station. For purposes of this
   section, broadcast television station means full power television
   stations and Class A television stations.

   (2) Channel reassignment public notice. For purposes of this section,
   Channel Reassignment Public Notice means the public notice to be
   released upon the completion of the broadcast television spectrum
   incentive auction conducted under section 6403 of the Spectrum Act
   specifying the new channel assignments and technical parameters of any
   broadcast television stations that are reassigned to new channels.

   (3) Channel sharee station. For purposes of this section, channel
   sharee station means a broadcast television station for which a winning
   channel sharing bid, as defined in § 1.2200(d) of this chapter, was
   submitted, or a broadcast television station for which a winning
   license relinquishment bid, as defined in § 1.2200(g) of this chapter,
   was submitted where the station licensee executes and implements a
   post-auction channel sharing agreement.

   (4) Channel sharer station. For purposes of this section, channel
   sharer station means a broadcast television station that shares its
   television channel with a channel sharee.

   (5) Channel sharing agreement (CSA). For purposes of this section,
   channel sharing agreement or CSA means an executed agreement between
   the licensee of a channel sharee station or stations and the licensee
   of a channel sharer station governing the use of the shared television
   channel.

   (6) High-VHF-to-Low-VHF station. For purposes of this section,
   High-VHF-to-Low-VHF station means a broadcast television station for
   which a winning high-VHF-to-low-VHF bid, as defined in § 1.2200(f) of
   this chapter, was submitted.

   (7) License relinquishment station. For purposes of this section,
   license relinquishment station means a broadcast television station for
   which a winning license relinquishment bid, as defined in § 1.2200(g) of
   this chapter, was submitted.

   (8) MVPD. For purposes of this section, MVPD means a person such as,
   but not limited to, a cable operator, a multichannel multipoint
   distribution service, a direct broadcast satellite service, or a
   television receive-only satellite program distributor, who makes
   available for purchase, by subscribers or customers, multiple channels
   of video programming as set forth in section 602 of the Communications
   Act of 1934 (47 U.S.C. 522).

   (9) Pre-auction channel. For purposes of this section, pre-auction
   channel means the channel that is licensed to a broadcast television
   station on the date that the Channel Reassignment Public Notice is
   released.

   (10) Predetermined cost estimate. For purposes of this section,
   predetermined cost estimate means the estimated cost of an eligible
   expense as generally determined by the Media Bureau in a catalog of
   expenses eligible for reimbursement.

   (11) Post-auction channel. For purposes of this section, post-auction
   channel means the channel specified in the Channel Reassignment Public
   Notice or a channel authorized by the Media Bureau in a construction
   permit issued after the date that the Channel Reassignment Public
   Notice is released under the procedures set forth in paragraph (b) of
   this section.

   (12) Reassigned station. For purposes of this section, a reassigned
   station means a broadcast television station that is reassigned to a
   new channel in the Channel Reassignment Public Notice, not including
   channel sharing stations, UHF-to-VHF stations, or High-VHF-to-Low-VHF
   stations.

   (13) Reimbursement period. For purposes of this section, reimbursement
   period means the period ending three years after the completion of the
   forward auction pursuant to section 6403(b)(4)(D) of the Spectrum Act.

   (14) Spectrum Act. The term Spectrum Act means Title VI of the Middle
   Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112-96).

   (15) Transitioning station. For purposes of this section, a
   transitioning station means a:

   (i) Reassigned station,

   (ii) UHF-to-VHF station,

   (iii) High-VHF-to-Low-VHF station,

   (iv) License relinquishment station, or

   (v) A channel sharee or sharer station.

   (16) TV broadcaster relocation fund. For purposes of this section, the
   TV Broadcaster Relocation Fund means the fund established by section
   6403(d)(1) of the Spectrum Act.

   (17) UHF-to-VHF station. For purposes of this section, UHF-to-VHF
   station means a television station for which a winning UHF-to-VHF bid,
   as defined in § 1.2200(l) of this chapter, was submitted.

   (b) Post-auction licensing—(1) Construction permit applications. (i)
   Licensees of reassigned stations, UHF-to-VHF stations, and
   High-VHF-to-Low-VHF stations must file a minor change application for a
   construction permit for the channel specified in the Channel
   Reassignment Public Notice using FCC Form 2100 Schedule A (for a full
   power station) or E (for a Class A station) within three months of the
   release date of the Channel Reassignment Public Notice. Licensees that
   are unable to meet this filing deadline may request a waiver of the
   deadline no later than 30 days prior to the deadline.

   (ii) A licensee of a reassigned station that is reassigned from one
   channel to a different channel within its existing band will be
   permitted to propose transmission facilities in its construction permit
   application that will extend its coverage contour, as defined by the
   technical parameters specified in the Channel Reassignment Public
   Notice, if such facilities:

   (A) Are necessary to achieve the coverage contour specified in the
   Channel Reassignment Public Notice or to address loss of coverage area
   resulting from the new channel assignment;

   (B) Will not extend a full power television station's noise limited
   contour or a Class A television station's protected contour by more
   than one percent in any direction; and

   (C) Will not cause new interference, other than a rounding tolerance of
   0.5 percent, to any other broadcast television station.

   (iii) The licensee of a UHF-to-VHF station or High-VHF-to-Low-VHF
   station will be permitted to propose transmission facilities in its
   construction permit application that will extend its coverage contour,
   as defined by the technical parameters specified in the Channel
   Reassignment Public Notice, if the proposed facility will not cause new
   interference, other than a rounding tolerance of 0.5 percent, to any
   other broadcast television station.

   (iv) Priority filing window. (A) The licensee of a reassigned station,
   a UHF-to-VHF station, or a High-VHF-to-Low-VHF station that, for
   reasons beyond its control, is unable to construct facilities that meet
   the technical parameters specified in the Channel Reassignment Public
   Notice, or the permissible contour coverage variance from those
   technical parameters specified in paragraph (b)(1)(ii) or (iii) of this
   section, may request a waiver of the construction permit application
   deadline specified in paragraph (b)(1)(i) no later than 30 days prior
   to the deadline. If its waiver request is granted, the licensee will be
   afforded an opportunity to submit an application for a construction
   permit pursuant to paragraph (b)(2)(i) or (ii) of this section in a
   priority filing window to be announced by the Media Bureau by public
   notice.

   (B) The licensee of any broadcast television station that the
   Commission makes all reasonable efforts to preserve pursuant to section
   6403(b)(2) of the Spectrum Act that is predicted to experience a loss
   in population served in excess of one percent as a result of the
   repacking process, either because of new station-to-station
   interference or terrain loss resulting from a new channel assignment
   (or a combination of both), will be afforded an opportunity to submit
   an application for a construction permit pursuant to paragraph
   (b)(2)(i) or (ii) of this section in the priority filing window
   required by paragraph (b)(1)(iv)(A) of this section.

   (v) Construction permit applications filed pursuant to paragraph
   (b)(1)(i) of this section will be afforded expedited processing if the
   application:

   (A) Does not seek to expand the coverage area, as defined by the
   technical parameters specified in the Channel Reassignment Public
   Notice, in any direction;

   (B) Seeks authorization for facilities that are no more than five
   percent smaller than those specified in the Channel Reassignment Public
   Notice with respect to predicted population served; and

   (C) Is filed within the three-month deadline specified in paragraph
   (b)(1)(i) of this section.

   (vi) Delegation of authority. The Commission delegates authority to the
   Chief, Media Bureau to establish construction periods for reassigned
   stations, UHF-to-VHF stations, and High-VHF-to-Low-VHF stations.

   (vii) Channel sharee stations must file a minor change application for
   a construction permit for the channel on which the channel sharer
   operates at least sixty (60) days prior to the date by which it must
   terminate operations on its pre-auction channel pursuant to paragraphs
   (b)(4)(i) and (ii) of this section. The application must include a copy
   of the executed channel sharing agreement.

   (2) Applications for alternate channels and expanded facilities—

   (i) Alternate channels. The licensee of a reassigned station, a
   UHF-to-VHF station, or a High-VHF-to-Low-VHF station, or a broadcast
   television station described in paragraph (b)(1)(iv)(B) of this section
   will be permitted to file a major change application for a construction
   permit for an alternate channel on FCC Form 2100 Schedules A (for a
   full power station) and E (for a Class A station) during a filing
   window to be announced by the Media Bureau by public notice, provided
   that:

   (A) The licensee of a UHF-to-VHF station cannot request an alternate
   UHF channel;

   (B) The licensee of a UHF-to-VHF station that specified the high-VHF
   band or the low-VHF band in its UHF-to-VHF bid cannot request a VHF
   channel outside of the assigned band; and

   (C) The licensee of a High-VHF-to-Low-VHF station cannot request an
   alternate high-VHF channel.

   (ii) Expanded facilities. The licensee of a reassigned station, a
   UHF-to-VHF station, or a High-VHF-to-Low-VHF station, or a broadcast
   television station described in paragraph (b)(1)(iv)(B) of this section
   will be permitted to file a minor change application for a construction
   permit on FCC Form 2100 Schedules A (for a full power station) and E
   (for a Class A station) during a filing window to be announced by the
   Media Bureau by public notice, in order to request a change in the
   technical parameters specified in the Channel Reassignment Public
   Notice (or, in the case of a broadcast television station described in
   paragraph (b)(1)(iv)(B) of this section that is not reassigned to a new
   channel, a change in its authorized technical parameters) with respect
   to height above average terrain (HAAT), effective radiated power (ERP),
   or transmitter location that would be considered a minor change under
   § 73.3572(a)(1) and (2) or § 74.787(b) of this chapter.

   (iii) Delegation of authority. The Commission delegates authority to
   the Chief, Media Bureau to:

   (A) Announce filing opportunities for alternate channels and expanded
   facilities applications and specifying appropriate processing
   guidelines, including the standards to qualify for priority filing,
   cut-off protections, and means to avoid or resolve mutual exclusivity
   between applications; and

   (B) Establish construction periods for permits authorizing alternate
   channels or expanded facilities.

   (3) License applications for channel sharing stations. The licensee of
   each channel sharee station and channel sharer station must file an
   application for a license for the shared channel using FCC Form 2100
   Schedule B (for a full power station) or F (for a Class A station)
   within six months of the date that the channel sharee station licensee
   receives its incentive payment pursuant to section 6403(a)(1) of the
   Spectrum Act.

   (4) Deadlines to terminate operations on pre-auction channels. (i) The
   licensee of a license relinquishment station must comply with the
   notification and cancellation procedures in § 73.1750 and terminate
   operations on its pre-auction channel within three months of the date
   that the licensee receives its incentive payment pursuant to section
   6403(a)(1) of the Spectrum Act.

   (ii) The licensee of a channel sharee station and a licensee of a
   license relinquishment station that has indicated in its Form 177 an
   intent to enter into a post-auction channel sharing agreement must
   comply with the notification and cancellation procedures in § 73.1750
   and terminate operations on its pre-auction channel within six months
   of the date that the licensee receives its incentive payment pursuant
   to section 6403(a)(1) of the Spectrum Act.

   (iii) All reassigned stations, UHF-to-VHF stations, and
   High-VHF-to-Low-VHF stations must cease operating on their pre-auction
   channel once such station begins operating on its post-auction channel
   or by the deadline specified in its construction permit for its
   post-auction channel, whichever occurs earlier, and in no event later
   than the end of the post-auction transition period as defined in § 27.4
   of this chapter.

   (5) Applications for additional time to complete construction—(i)
   Delegation of authority. Authority is delegated to the Chief, Media
   Bureau to grant a single extension of time of up to six months to
   licensees of reassigned stations, UHF-to-VHF stations, and
   High-VHF-to-Low-VHF stations to complete construction of their
   post-auction channel upon demonstration by the licensee that failure to
   meet the construction deadline is due to circumstances that are either
   unforeseeable or beyond the licensee's control. Licensees needing
   additional time beyond such a single extension of time to complete
   construction shall be subject to the tolling provisions in § 73.3598.

   (ii) Circumstances that may justify an extension of the construction
   deadline of a licensee of a reassigned station, a UHF-to-VHF station,
   or a High-VHF-to-Low-VHF station include but are not limited to:

   (A) Weather-related delays, including a tower location in a
   weather-sensitive area;

   (B) Delays in construction due to the unavailability of equipment or a
   tower crew;

   (C) Tower lease disputes;

   (D) Unusual technical challenges, such as the need to construct a
   top-mounted or side-mounted antenna or the need to coordinate channel
   changes with another station; and

   (E) Delays faced by licensees that must obtain government approvals,
   such as land use or zoning approvals, or that are subject to
   competitive bidding requirements prior to purchasing equipment or
   services.

   (iii) A licensee of a reassigned station, UHF-to-VHF station, or
   High-VHF-to-Low-VHF station may rely on “financial hardship” as a
   criterion for seeking an extension of time if it is subject to an
   active bankruptcy or receivership proceeding, provided that the
   licensee makes an adequate showing that it has filed requests to
   proceed with construction in the relevant court proceedings. Any other
   licensee that seeks an extension of time based on financial hardship
   must demonstrate that, although it is not subject to an active
   bankruptcy or receivership proceeding, rare and exceptional financial
   circumstances warrant granting additional time to complete
   construction.

   (iv) Applications for additional time to complete construction must be
   filed electronically in CDBS using FCC Form 337 no less than 90 days
   before the expiration of the construction permit.

   (c) Consumer education for transitioning stations. (1) License
   relinquishment stations that operate on a commercial basis will be
   required to air at least one Public Service Announcement (PSA) and run
   at least one crawl in every quarter of every day for 30 days prior to
   the date that the station terminates operations on its pre-auction
   channel. One of the required PSAs and one of the required crawls must
   be run during prime time hours (for purposes of this section, between
   8:00 p.m. and 11:00 p.m. in the Eastern and Pacific time zones, and
   between 7:00 p.m. and 10:00 p.m. in the Mountain and Central time
   zones) each day.

   (2) Noncommercial educational full power television license
   relinquishment stations may choose to comply with these requirements in
   paragraph (c)(1) of this section or may air 60 seconds per day of
   on-air consumer education PSAs for 30 days prior to the station's
   termination of operations on its pre-auction channel.

   (3) Transitioning stations, except for license relinquishment stations,
   must air 60 seconds per day of on-air consumer education PSAs or crawls
   for 30 days prior to the station's termination of operations on its
   pre-auction channel.

   (4) Transition crawls. (i) Each crawl must run during programming for
   no less than 60 consecutive seconds across the bottom or top of the
   viewing area and be provided in the same language as a majority of the
   programming carried by the transitioning station.

   (ii) Each crawl must include the date that the station will terminate
   operations on its pre-auction channel; inform viewers of the need to
   rescan if the station has received a new post-auction channel
   assignment; and explain how viewers may obtain more information by
   telephone or online.

   (5) Transition PSAs. (i) Each PSA must have a duration of at least 15
   seconds.

   (ii) Each PSA must be provided in the same language as a majority of
   the programming carried by the transitioning station; include the date
   that the station will terminate operations on its pre-auction channel;
   inform viewers of the need to rescan if the station has received a new
   post-auction channel assignment; explain how viewers may obtain more
   information by telephone or online; and for stations with new
   post-auction channel assignments, provide instructions to both
   over-the-air and MVPD viewers regarding how to continue watching the
   television station; and be closed-captioned.

   (6) Licensees of transitioning stations, except for license
   relinquishment stations, must place a certification of compliance with
   the requirements in paragraph (c) of this section in their online
   public file within 30 days after beginning operations on their
   post-auction channels. Licensees of license relinquishment stations
   must include the certification in their notification of discontinuation
   of service pursuant to § 73.1750 of this chapter.

   (d) Notice to MVPDs. (1) Licensees of transitioning stations must
   provide notice to MVPDs that:

   (i) No longer will be required to carry the station because it will
   cease operations or because of the relocation of a channel sharee
   station;

   (ii) Currently carry and will continue to be obligated to carry a
   station that will have a new post-auction channel assignment; or

   (iii) Will become obligated to carry a station due to the relocation of
   a channel sharee station.

   (2) The notice to MVPDs must be provided in the form of a letter
   notification and must contain the following information:

   (i) Date and time of any channel changes;

   (ii) Pre-auction and post-auction channels;

   (iii) Modification (if any) to antenna position, location or power
   levels;

   (iv) Stream identification information for channel sharing stations;
   and

   (v) Engineering staff contact information.

   (3) Should any of the information in (d)(2) of this section change
   during the time that the station is transitioning from its pre-auction
   to its post-auction channel, an amended notification must be sent.

   (4) For cable systems, the notification letter must be addressed to the
   system's official address of record provided in the cable system's most
   recent filing in the Commission's Cable Operations and Licensing System
   (COALS) Form 322. For all other MVPDs, the notification letter must be
   addressed to the official corporate address registered with their State
   of incorporation.

   (5) Notification letters must be sent within the following time frames:

   (i) For license relinquishment stations, not less than 30 days prior to
   terminating operations;

   (ii) For channel sharee stations, not less than 30 days prior to
   terminating operations of the pre-auction channel;

   (iii) For channel sharee and channel sharer stations, not less than 30
   days prior to initiation of operations on the shared channel; and

   (iv) For reassigned stations, UHF-to-VHF stations, and
   High-VHF-to-Low-VHF stations, not less than 90 days prior to the date
   on which they will begin operations on their post-auction channel.

   (v) If a station's anticipated transition date changes due to an
   unforeseen delay or change in transition plan, the licensee must send a
   further notice to affected MVPDs informing them of the new anticipated
   transition date.

   (e) Reimbursement rules—(1) Entities eligible for reimbursement. The
   Commission will reimburse relocation costs reasonably incurred only by:

   (i) The licensees of full power and Class A broadcast television
   stations that are reassigned under section 6403(b)(1)(B)(i) of the
   Spectrum Act, including channel sharer stations that are reassigned to
   a new channel in the Channel Reassignment Public Notice; and

   (ii) MVPDs in order to continue to carry the signal of a full power or
   Class A broadcast television station that is:

   (A) Described in paragraph (e)(1)(i) of this section;

   (B) A UHF-to-VHF station;

   (C) A High-VHF-to-Low-VHF station; or

   (D) A channel sharee station.

   (2) Estimated costs. (i) No later than three months following the
   release of the Channel Reassignment Public Notice, all broadcast
   television station licensees and MVPDs that are eligible to receive
   payment of relocation costs will be required to file an estimated cost
   form providing an estimate of their reasonably incurred relocation
   costs.

   (ii) Each broadcast television station licensee and MVPD that submits
   an estimated cost form will be required to certify, inter alia, that:

   (A) It believes in good faith that it will reasonably incur all of the
   estimated costs that it claims as eligible for reimbursement on the
   estimated cost form;

   (B) It will use all money received from the TV Broadcaster Relocation
   Fund only for expenses it believes in good faith are eligible for
   reimbursement;

   (C) It will comply with all policies and procedures relating to
   allocations, draw downs, payments, obligations, and expenditures of
   money from the TV Broadcaster Relocation Fund;

   (D) It will maintain detailed records, including receipts, of all costs
   eligible for reimbursement actually incurred; and

   (E) It will file all required documentation of its relocation expenses
   as instructed by the Media Bureau.

   (iii) If a broadcast television station licensee or MVPD seeks
   reimbursement for new equipment, it must provide a justification as to
   why it is reasonable under the circumstances to purchase new equipment
   rather than modify its corresponding current equipment in order to
   change channels or to continue to carry the signal of a broadcast
   television station that changes channels.

   (iv) Entities that submit their own cost estimates, as opposed to the
   predetermined cost estimates provided in the estimated cost form, must
   submit supporting evidence and certify that the estimate is made in
   good faith.

   (3) Final Allocation Deadline. (i) Upon completing construction or
   other reimbursable changes, or by a specific deadline prior to the end
   of the Reimbursement Period to be established by the Media Bureau,
   whichever is earlier, all broadcast television station licensees and
   MVPDs that received an initial allocation from the TV Broadcaster
   Relocation Fund must provide the Commission with information and
   documentation, including invoices and receipts, regarding their actual
   expenses incurred as of a date to be determined by the Media Bureau
   (the “Final Allocation Deadline”).

   (ii) If a broadcast television station licensee or MVPD has not yet
   completed construction or other reimbursable changes by the Final
   Allocation Deadline, it must provide the Commission with information
   and documentation regarding any remaining eligible expenses that it
   expects to reasonably incur.

   (4) Final accounting. After completing all construction or reimbursable
   changes, broadcast television station licensees and MVPDs that have
   received money from the TV Broadcaster Relocation Fund will be required
   to submit final expense documentation containing a list of estimated
   expenses and actual expenses as of a date to be determined by the Media
   Bureau. Entities that have finished construction and have submitted all
   actual expense documentation by the Final Allocation Deadline will not
   be required to file at the final accounting stage.

   (5) Progress reports. Broadcast television station licensees and MVPDs
   that receive payment from the TV Broadcaster Relocation Fund are
   required to submit progress reports at a date and frequency to be
   determined by the Media Bureau.

   (6) Documentation requirements. (i) Each broadcast television station
   licensee and MVPD that receives payment from the TV Broadcaster
   Relocation Fund is required to retain all relevant documents pertaining
   to construction or other reimbursable changes for a period ending not
   less than 10 years after the date on which it receives final payment
   from the TV Broadcaster Relocation Fund.

   (ii) Each broadcast television station licensee and MVPD that receives
   payment from the TV Broadcaster Relocation Fund must make available all
   relevant documentation upon request from the Commission or its
   contractor.

   (7) Delegation of authority. The Commission delegates authority to the
   Chief, Media Bureau, to adopt the necessary policies and procedures
   relating to allocations, draw downs, payments, obligations, and
   expenditures of money from the TV Broadcaster Relocation Fund in order
   to protect against waste, fraud, and abuse and in the event of
   bankruptcy, to establish a catalog of expenses eligible for
   reimbursement and predetermined cost estimates, review the estimated
   cost forms, issue initial allocations for costs reasonably incurred
   pursuant to section 6403(b)(4) of the Spectrum Act, set filing
   deadlines and review information and documentation regarding progress
   reports, final allocations, and final accountings, and issue final
   allocations to reimburse for costs reasonably incurred pursuant to
   section 6403(b)(4) of the Spectrum Act.

   (f) Service rule waiver—(1) Waiver requests. (i) A broadcast television
   station licensee described in paragraph (e)(1)(i) of this section may
   file a request with the Chief, Media Bureau for a waiver of the
   Commission's service rules pursuant to section 6403(b)(4)(B) of the
   Spectrum Act during a 30-day window commencing upon the date that the
   Channel Reassignment Public Notice is released.

   (ii) A broadcast television station licensee may request that a waiver
   be granted on a temporary or permanent basis.

   (2) A licensee will have 10 days following a grant of the waiver to
   notify the Commission whether it accepts the terms of the waiver.

   (3) A licensee is required to meet all requirements for receiving
   payment of relocation costs under section 6403(b)(4) of the Spectrum
   Act established by the Commission, including the requirements of
   paragraph (e) of this section, until its waiver request is granted and
   the licensee accepts the terms of the waiver.

   (4) A licensee that is granted and accepts the terms of the waiver or a
   licensee with a pending waiver application must comply with all filing
   and notification requirements, construction schedules, and other
   post-auction transition deadlines set forth in paragraphs (b), (c), and
   (d) of this section.

   (g) Low Power TV and TV translator stations. (1) Licensees of operating
   low power TV and TV translator stations that are displaced by a
   broadcast television station or a wireless service provider or whose
   channel is reserved as a guard band as a result of the broadcast
   television spectrum incentive auction conducted under section 6403 of
   the Spectrum Act shall be permitted to submit an application for
   displacement relief in a restricted filing window to be announced by
   the Media Bureau by public notice. Except as otherwise indicated in
   this section, such applications will be subject to the rules governing
   displacement applications set forth in § § 73.3572(a)(4) and 74.787(a)(4)
   of this chapter.

   (2) In addition to other interference protection requirements set forth
   in the rules, when requesting a new channel in a displacement
   application, licensees of operating low power TV and TV translator
   stations will be required to demonstrate that the station would not
   cause interference to the predicted service of broadcast television
   stations on:

   (i) Pre-auction channels;

   (ii) Channels assigned in the Channel Reassignment Public Notice; or

   (iii) Alternative channels or expanded facilities broadcast television
   station licensees have applied for pursuant to paragraph (b)(2) of this
   section.

   (3) Mutually exclusive displacement applications. Licensees of low
   power TV and TV translator stations that file mutually exclusive
   displacement applications will be permitted to resolve the mutual
   exclusivity through an engineering solution or settlement agreement. If
   no resolution of mutually exclusive displacement applications occurs, a
   selection priority will be granted to the licensee of a displaced
   digital replacement translator.

   (4) Notification and termination provisions for displaced low power TV
   and TV translator stations. (i) A wireless licensee assigned to
   frequencies in the 600 MHz band under part 27 of this chapter must
   notify low power TV and TV translator stations of its intent to
   commence operations, as defined in § 27.4 of this chapter, and the
   likelihood of receiving harmful interference from the low power TV or
   TV translator station to such operations within the wireless licensee's
   licensed geographic service area.

   (ii) The new wireless licensees must:

   (A) Notify the low power TV or TV translator station in the form of a
   letter, via certified mail, return receipt requested;

   (B) Indicate the date the new wireless licensee intends to commence
   operations, as defined in § 27.4 of this chapter, in areas where there
   is a likelihood of receiving harmful interference from the low power TV
   or TV translator station; and

   (C) Send such notification not less than 120 days in advance of the
   commencement date.

   (iii) Low power TV and TV translator stations may continue operating on
   frequencies in the 600 MHz band assigned to wireless licensees under
   part 27 of this chapter until the wireless licensee commences
   operations, as defined in § 27.4 of this chapter, as indicated in the
   notification sent pursuant to this paragraph.

   (iv) After receiving notification, the low power TV or TV translator
   licensee must cease operating or reduce power in order to eliminate the
   potential for harmful interference before the commencement date set
   forth in the notification.

   (v) Low power TV and TV translator stations that are operating on the
   UHF spectrum that is reserved for guard band channels as a result of
   the broadcast television incentive auction conducted under section 6403
   of the Spectrum Act may continue operating on such channels until the
   end of the post-auction transition period as defined in § 27.4 of this
   chapter, unless they receive notification from a new wireless licensee
   pursuant to the requirements of paragraph (g)(4) of this section that
   they are likely to cause harmful interference in areas where the
   wireless licensee intends to commence operations, as defined in § 27.4
   of this chapter, in which case the requirements of paragraph (g)(4) of
   this section will apply.

   (h) Channel sharing operating rules. (1) Each broadcast television
   station licensee that is a party to a CSA 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
   applicable to the television service.

   (2) 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 (h)(5)(i)(E) 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 B
   (for a full power licensee) or F (for a Class A licensee).

   (3) Channel sharing between full power television and Class A
   television stations. (i) A CSA may be executed between licensees of
   full power television stations, between licensees of Class A television
   stations, and between licensees of full power and Class A television
   stations.

   (ii) A Class A channel sharee station licensee that is a party to a CSA
   with a full power channel sharer station licensee must comply with the
   rules of part 73 governing power levels and interference, and must
   comply in all other respects with the rules and policies applicable to
   Class A television stations, as set forth in § § 73.6000 et seq.

   (iii) A full power channel sharee station licensee that is a party to a
   CSA with a Class A channel sharer station licensee must comply with the
   rules of part 74 of this chapter governing power levels and
   interference.

   (iv) A Class A channel sharee station may qualify only for the cable
   carriage rights afforded to “qualified low power television stations”
   in § 76.56(b)(3) of this chapter.

   (4) Channel sharing between commercial and noncommercial educational
   television stations. (i) A CSA may be executed between commercial and
   NCE broadcast television station licensees.

   (ii) The licensee of an NCE station operating on a reserved channel
   under § 73.621 that becomes a party to a CSA, either as a channel sharee
   station or as a channel sharer station, will retain its NCE status and
   must continue to comply with § 73.621.

   (iii) If the licensee of an NCE station operating on a reserved channel
   under § 73.621 becomes a party to a CSA, either as a channel sharee
   station or as a channel sharer station, the portion of the shared
   television channel on which the NCE station operates shall be reserved
   for NCE-only use.

   (iv) The licensee of an NCE station operating on a reserved channel
   under § 73.621 that becomes a party to a CSA may assign or transfer its
   shared license only to an entity qualified under § 73.621 as an NCE
   television licensee.

   (5) Required CSA provisions. (i) CSAs must contain provisions outlining
   each licensee's rights and responsibilities regarding:

   (A) Access to facilities, including whether each licensee will have
   unrestrained access to the shared transmission facilities;

   (B) Allocation of bandwidth within the shared channel;

   (C) 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;

   (D) Transfer/assignment of a shared license, including the ability of a
   new licensee to assume the existing CSA; and

   (E) Termination of the license of a party to the CSA, including
   reversion of spectrum usage rights to the remaining parties to the CSA.

   (ii) CSAs must include provisions:

   (A) Affirming compliance with the requirements in paragraph (h)(5) of
   this section and all relevant Commission rules and policies; and

   (B) 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 (SD) program stream at all times.

   (6) If the rights under a CSA are transferred or assigned, the assignee
   or the transferee must comply with the terms of the CSA. 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.

   (7) Preservation of carriage rights. A channel sharee station that
   possessed carriage rights under section 338, 614, or 615 of the
   Communications Act of 1934 (47 U.S.C. 338; 534; 535) on November 30,
   2010, shall have, at its shared location, the carriage rights under
   such section that would apply to such station at the shared location if
   it were not sharing a channel.

   (i) A broadcast television station licensed in the 600 MHz band, as
   that band is defined in section 27.5(l)—

   (1) Shall not be permitted to modify its facilities, except as provided
   in paragraph (b)(1)(ii) of this section, if such modification will
   expand its noise limited service contour (in the case of a full power
   station) or protected contour (in the case of a Class A station) in
   such a way as to:

   (i) Increase the potential of harmful interference to a wireless
   licensee which is co-channel or adjacent channel to the broadcast
   television station; or

   (ii) Require such a wireless licensee to restrict its operations in
   order to avoid causing harmful interference to the broadcast television
   station's expanded noise limited service or protected contour;

   (2) Shall be permitted to modify its facilities, even when prohibited
   by paragraph (i)(1) of this section, if all the wireless licensees in
   paragraph (i)(1) who either will experience an increase in the
   potential for harmful interference or must restrict their operations in
   order to avoid causing interference agree to permit the modification
   and the modification otherwise meets all the requirements in this part;

   (3) For purposes of this section, the following definitions apply:

   (i) Co-channel operations in the 600 MHz band are defined as operations
   of broadcast television stations and wireless services where their
   assigned channels or frequencies spectrally overlap.

   (ii) Adjacent channel operations are defined as operations of broadcast
   television stations and wireless services where their assigned channels
   or frequencies spectrally abut each other or are separated by up to 5
   MHz.

   [ 79 FR 48539 , Aug. 15, 2014, as amended at  79 FR 76914 , Dec. 23, 2014;
    80 FR 46846 , Aug. 6, 2015;  80 FR 67342 , 67346, Nov. 2, 2015;  80 FR 71743 , Nov. 17, 2015;  81 FR 4975 , Jan. 29, 2016]

   


Goto Section: 73.3617 | 73.3701

Goto Year: 2020 | 2022
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