C.F.R. » Title 47 » CHAPTER I—FEDERAL COMMUNICATIONS COMMISSION › SUBCHAPTER C—BROADCAST RADIO SERVICES › PART 73—RADIO BROADCAST SERVICES › Subpart E—Television Broadcast Stations

47 C.F.R. § 73.683

Presumptive determination of field strength at individual locations

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(a) See § 73.619(c). For purposes of the cross-reference from § 90.307(b), the Grade B contour is defined as the F(50,50) contour at 64 dBu.

(b) - (c) [Reserved]

(d) For purposes of determining the eligibility of individual households for satellite retransmission of distant network signals under the copyright law provisions of 17 U.S.C. 119(d)(10)(A), field strength shall be determined by the Individual Location Longley-Rice (ILLR) propagation prediction model. Such eligibility determinations shall consider only the signals of network stations located in the subscriber's Designated Market Area. Guidance for use of the ILLR model in predicting the field strength of television signals for such determinations is provided in OET Bulletin No. 73. For availability of OET Bulletin No. 73, contact FCC (see § 73.8000 for contact information).

(e) If a location was predicted to be unserved by a local network station using a version of the ILLR model specified in OET Bulletin No. 72 or OET Bulletin No. 73, as appropriate, and the satellite subscriber at that location is receiving a distant signal affiliated with the same network from its satellite provider, the satellite subscriber shall remain eligible for receiving the distant signal from its satellite provider if that location is subsequently predicted to be served by the local station due to either a change in the ILLR model or a change in the station's operations that change its coverage.

(f) A satellite carrier is exempt from the verification requirements of 47 U.S.C. 339(c)(4)(A) with respect to a test requested by a satellite subscriber to whom the retransmission of the signals of local broadcast stations is available under 47 U.S.C. 338 from such carrier. The definitions of satellite carrier, subscriber, and local market contained in 47 CFR 76.66(a) apply to this paragraph (f).

[44 FR 36039, June 20, 1979, as amended at 47 FR 35990, Aug. 18, 1982; 50 FR 23699, June 5, 1985; 50 FR 32416, Aug. 12, 1985; 65 FR 36641, June 9, 2000; 70 FR 21670, Apr. 27, 2005; 75 FR 80363, Dec. 22, 2010; 85 FR 64408, Oct. 13, 2020; 88 FR 21446, Apr. 10, 2023; 89 FR 7252, Feb. 1, 2024]
Notes of Decisions
Cited in 15 cases, 1968–2020 · leading case: Prometheus Radio Proj. v. Fed. Commc'ns Comm'n, 652 F.3d 431 (3rd Cir. 2011).
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Prometheus Radio Proj. v. Fed. Commc'ns Comm'n, 652 F.3d 431 (3rd Cir. 2011). · cites it 2× “6 (citing 47 C.F.R. § 73.683 ). In other words, it is the radius within which the majority of people can receive the station's signal a majority of the time.”
United States v. Sw. Cable Co., 392 U.S. 157 (1968). · cites it 2× “See 47 CFR § 73.683 (a). [17] Note, The Wire Mire: The FCC and CATV, supra, at 368 (notes omitted).”
CBS, INC. v. PrimeTime 24 Jt. Venture, 9 F. Supp. 2d 1333 (S.D. Fla. 1998). · cites it 6× “Grade B Intensity The Report also determined that the FCC defined “a signal of grade B intensity” in 47 C.F.R. § 73.683 (a). 8 PrimeTime 24 disputes this and argues that the FCC never precisely defined a grade B signal; rather, the FCC’s guidelines as stated in 47 C.”
Buckeye Cablevision, Inc. v. United States of Am. & Fed. Commc'ns Comm'n, D. H. Overmyer Telecasting Co., Inc., Intervenor, 438 F.2d 948 (6th Cir. 1971). “Another situation left to this type of individual or case-by-case treatment (under 47 C.”
Abc, Inc. v. Primetime 24, Jt. Venture, 184 F.3d 348 (4th Cir. 1999). “47 C.F.R. § 73.683 ; Satellite Delivery of Broadcast Signals under the Satellite Home Viewer Act, 64 Fed.”
ABC, INC. v. PrimeTime 24, Jt. Venture, 17 F. Supp. 2d 478 (M.D.N.C. 1998). “See 47 C.F.R. § 73.683 (a). 2 . Although PrimeTime has filed a pending antitrust suit against the networks in the Southern District of New York, PrimeTime 24 Joint Venture v.”
ABC, INC. v. PrimeTime 24, Jt. Venture, 17 F. Supp. 2d 467 (M.D.N.C. 1998). “” *472 The legislative history of this section of the statute references 47 C.F.R § 73.683(a), a regulation which defines “field strength contours.”
Prometheus Radio Proj. v. Fed. Commc'ns Comm'n, 373 F.3d 372 (3rd Cir. 2004). · cites it 2× “47 C.F.R. § 73.683 . 77 stations in markets that have 17 or fewer full-power commercial and noncommercial stations, and common ownership of three commercial stations in markets that have 18 or more stations.”
Columbia Broad. Sys., Inc. v. Teleprompter Corp. & Conley Elec. Corp., 476 F.2d 338 (2d Cir. 1973). “Sec 47 C.F.R. §§ 73.683 and 73.684. With respect to locations outside its Grade B contour, a signal was considered a “distant signal” by the FCC.”
Bucks Cnty. Cable TV, Inc. v. United States, 427 F.2d 438 (3rd Cir. 1970). “See 47 C.F.R. § 73.683 . . Rule 65(b) of the Federal Rules of Civil Procedure provides that a temporary restraining order issued by a district court may remain in effect for only ten days unless renewed.”
Meadville Master Antenna, Inc. v. Fed. Commc'ns Comm'n, 535 F.2d 214 (3rd Cir. 1976). · cites it 2× “See 47 C.F.R. § 73.683 . . In reviewing this statement in our earlier disposition, we noted that “this report did not purport to test signal quality at the crucial point, the head end of the cable system .”
WLNY-TV, Inc. v. Fed. Commc'ns Comm'n, 163 F.3d 137 (2d Cir. 1998). “” See 47 C.F.R. § 73.683 (1997); see also ACLU v.”
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— 47 C.F.R. § 73.683(a) — 1 case
ABC, INC. v. PrimeTime 24, Jt. Venture, 17 F. Supp. 2d 467 (M.D.N.C. 1998). “” *472 The legislative history of this section of the statute references 47 C.F.R § 73.683(a), a regulation which defines “field strength contours.”
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