47 C.F.R. § 73.24

Broadcast facilities; showing required

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

An authorization for a new AM broadcast station or increase in facilities of an existing station will be issued only after a satisfactory showing has been made in regard to the following, among others:

(a) That the proposed assignment will tend to effect a fair, efficient, and equitable distribution of radio service among the several states and communities.

(b) That a proposed new station (or a proposed change in the facilities of an authorized station) complies with the pertinent requirements of § 73.37 of this chapter.

(d) That the applicant is legally qualified. That the applicant (or the person or persons in control of an applicant corporation or other organization) is of good character and possesses other qualifications sufficient to provide a satisfactory public service.

(e) That the technical equipment proposed, the location of the transmitter, and other technical phases of operation comply with the regulations governing the same, and the requirements of good engineering practice.

(f) That the facilities sought are subject to assignment as requested under existing international agreements and the rules and regulations of the Commission.

(g) That the population within the 1 V/m contour does not exceed 1.0 percent of the population within the 25 mV/m contour: Provided, however, That where the number of persons within the 1 V/m contour is 300 or less the provisions of this paragraph are not applicable.

(h) That, in the case of an application for a Class B or Class D station on a clear channel, the proposed station would radiate, during two hours following local sunrise and two hours preceding local sunset, in any direction toward the 0.1 mV/m groundwave contour of a co-channel United States Class A station, no more than the maximum value permitted under the provisions of § 73.187.

(i) That, for all proposals for new stations, applications to modify a construction permit for an unlicensed station, and all applications to change a station's community of license, the daytime 5 mV/m contour encompasses the entire principal community to be served. That, for all other applications for modification of licensed stations, the daytime 5 mV/m contour encompasses either 50 percent of the area, or 50 percent of the population, of the principal community to be served. That, for all proposals for new stations in the 535-1605 kHz band, applications to modify a construction permit for an unlicensed station, or applications to change a station's community of license, either 50 percent of the area, or 50 percent of the population of the principal community is encompassed by the nighttime 5 mV/m contour or the nighttime interference-free contour, whichever value is higher. That, for stations in the 1605-1705 kHz band, 50 percent of the principal community is encompassed by the nighttime 5 mV/m contour or the nighttime interference-free contour, whichever value is higher. That Class D stations with nighttime authorizations need not demonstrate such coverage during nighttime operation.

(j) That the public interest, convenience, and necessity will be served through the operation under the proposed assignment.

[28 FR 13574, Dec. 14, 1963, as amended at 38 FR 5874, Mar. 5, 1973; 49 FR 43960, Nov. 1, 1984; 50 FR 40014, Oct. 1, 1985; 52 FR 11654, Apr. 10, 1987; 53 FR 1031, Jan. 15, 1988; 56 FR 64857, Dec. 12, 1991; 81 FR 2759, Jan. 19, 2016]

Notes of Decisions

Cited in 6 cases, 1966–1972 · leading case: Wait Radio, a Co-P'ship v. Fed. Commc'ns Comm'n, Midwest Radio-Television, Inc., Intervenors, 459 F.2d 1203 (D.C. Cir. 1972).

Sort: Relevance Newest Treatment

Wait Radio, a Co-P'ship v. Fed. Commc'ns Comm'n, Midwest Radio-Television, Inc., Intervenors, 459 F.2d 1203 (D.C. Cir. 1972). “47 CFR § 73.24 (b) (3). 13 . We are advised that at its oral argument, the FCC was informed that a WBAP night contest elicited some 1500 entries — mostly from Illinois.”

560 Broadcast Corp. v. Fed. Commc'ns Comm'n, 418 F.2d 1166 (D.C. Cir. 1969). “See 47 C.F.R. § 73.24 (b) (3) (ii) (1969). The Rule provides: “An authorization for * * * [au] increase in facilities of an existing station will be issued only after a satisfactory showing has been made * * * “(3) That a proposed new nighttime operation * * * would * * *…”

Nat'l Broad. Co., Inc. v. Fed. Commc'ns Comm'n, Boise Valley Broadcasters, Inc., Intervenor. Gem State Broad. Corp. v. Fed. Commc'ns Comm'n, Boise Valley Broadcasters, Inc., Intervenor, 362 F.2d 946 (D.C. Cir. 1966). “24(i) of the Commission's rules, 47 C.F.R. 73.24(i). This rule provides that an increase in the facilities of an existing station will be allowed only after a satisfactory showing that 11 '25 per cent or more of the area or population within the nighttime interference-free…”

Tucson Radio, Inc. (Kevt) v. Fed. Commc'ns Comm'n, 452 F.2d 1380 (D.C. Cir. 1971). “(Amendment italicized) 47 C.F.R. § 73.24 (b) (3) (ii) (1971). Appellant did not amend its petition but continued to seek a waiver of this requirement from the Commission.”

Nat'l Broad. Co. v. Fed. Commc'ns Comm'n, 362 F.2d 946 (D.C. Cir. 1966). “24 (i) of the Commission’s rules, 47 C.F.R. 73.24 (i). This rule provides that an increase in the facilities of an existing station will be allowed only after a satisfactory showing that “25 per cent or more of the area or population within the nighttime interference-free…”

Wait Radio v. Fed. Commc'ns Comm'n, 418 F.2d 1153 (D.C. Cir. 1969). “24, 47 C.F.R. § 73.24 (1968), is also involved, it would seem that in the context of this application for waiver, it adds nothing, a point to which we will return.”

— 47 C.F.R. § 73.24(i) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.