47 C.F.R. § 73.35

Calculation of improvement factors

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A petition for an allotment (See § 73.30) in the 1605-1705 kHz band filed by an existing fulltime AM station licensed in the 535-1605 kHz band will be ranked according to the station's calculated improvement factor. (See § 73.30). Improvement factors relate to both nighttime and daytime interference conditions and are based on two distinct considerations: (a) Service area lost by other stations due to interference caused by the subject station, and (b) service area of the subject station. These considerations are represented by a ratio. The ratio consists, where applicable, of two separate additive components, one for nighttime and one for daytime. For the nighttime component, to determine the numerator of the ratio (first consideration), calculate the RSS and associated service area of the stations (co- and adjacent channel) to which the subject station causes nighttime interference. Next, repeat the RSS and service area calculations excluding the subject station. The cumulative gain in the above service area is the numerator of the ratio. The denominator (second consideration) is the subject station's interference-free service area. For the daytime component, the composite amount of service lost by co-channel and adjacent channel stations, each taken individually, that are affected by the subject station, excluding the effects of other assignments during each study, will be used as the numerator of the daytime improvement factor. The denominator will consist of the actual daytime service area (0.5 mV/m contour) less any area lost to interference from other assignments. The value of this combined ratio will constitute the petitioner's improvement factor. Notwithstanding the requirements of § 73.153, for uniform comparisons and simplicity, measurement data will not be used for determining improvement factors and FCC figure M-3 ground conductivity values are to be used exclusively in accordance with the pertinent provisions of § 73.183(c)(1).

[56 FR 64858, Dec. 12, 1991]

Notes of Decisions

Cited in 9 cases, 1968–1984 · leading case: Fed. Commc'ns Comm'n v. Nat'l Citizens Comm. for Broad., 436 U.S. 775 (1978).

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Fed. Commc'ns Comm'n v. Nat'l Citizens Comm. for Broad., 436 U.S. 775 (1978). “2d 589 (1975), codified in 47 CFR §§ 73.35 , 73.240, 73.636 (1976). The regulations, adopted after a lengthy rulemaking proceeding, prospectively bar formation or transfer of co-located newspaper-broadcast combinations.”

United States v. Am. Tel. & Tel. Co., 552 F. Supp. 131 (D.D.C. 1983). “The Court of Appeals, speaking in the same case, was even more explicit. ... Congress moved under the spur of a widespread fear that in the absence of governmental control the public interest might be subordinated to monopolistic domination in the broadcast field [citing case] .”

Nat'l Citizens Comm. for Broad. v. Fed. Commc'ns Comm'n, 555 F.2d 938 (D.C. Cir. 1977). · cites it 2× “But see note 18, infra, 47 C.F.R. §§ 73.35 (c), 73.240(c). Two of the petitioners, WJAG, Incorporated and Owosso Broadcasting, Inc.”

Times Mirror Co. v. Div. of Pub. Util. Control, 473 A.2d 768 (Conn. 1984). “47 C.F.R. §§ 73.35 , 73.240 (a), 73.636 (a) (2) (1982).”

Chuck Stone v. Fed. Commc'ns Comm'n, the Evening Star Broad. Co., Intervenor, 466 F.2d 316 (D.C. Cir. 1972). “47 C.F.R. §§ 73.35 , 73.240, and 73.636. These rules were initially adopted in 1953, Multiple Ownership of AM, FM and TV Stations, 18 F.”

Ethel C. Hale & W. Paul Wharton v. Fed. Commc'ns Comm'n, Ksl, Inc., Intervenor, 425 F.2d 556 (D.C. Cir. 1970). “47 C.F.R. §§ 73.35 , 73.240, 73.636. . Commission letter of November 25, 1969, to protestants of renewal of the Post-Newsweek Stations WTOP-AM-FMTV in the Washington, D.”

Radio Athens, Inc., (Wath) v. Fed. Commc'ns Comm'n, Valley Broad., Inc., Intervenor, 401 F.2d 398 (D.C. Cir. 1968). “47 C.F.R. § 73.35 (1968). Note 1 to the rule explains that “The word ‘control’ as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised.”

de Perez ex rel. Perez v. Fed. Commc'ns Comm'n, 738 F.2d 1304 (D.C. Cir. 1984). · cites it 3× “The second issue involved another section of the Commission’s rules, 47 C.F.R. § 73.35 (1983), which prohibits the granting of a license for an AM station to a party any of whose stockholders would thereby acquire a direct or indirect interest in three broadcast stations, any…”

Anniston Broad. Co. v. Fed. Commc'ns Comm'n, 668 F.2d 829 (5th Cir. 1982). “2d 589 (1975), codified in 47 C.F.R. §§ 73.35 , 73.240, 73.636 (1976).”

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