47 C.F.R. § 73.203   Availability of channels.


Title 47 - Telecommunication


Title 47: Telecommunication
PART 73—RADIO BROADCAST SERVICES
Subpart B—FM Broadcast Stations

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§ 73.203   Availability of channels.

(a) Except as provided for in paragraph (b) of this section, applications may be filed to construct FM broadcast stations only at the communities and on the channels contained in the Table of Allotments (§73.202(b)). Applications that fail to comply with this requirements, whether or not accompanied by a petition to amend the Table, will not be accepted for tender.

(b) Applications filed on a first come, first served basis may propose a lower or higher class adjacent, intermediate frequency or co-channel. Applications for the modification of an existing FM broadcast station may propose a lower or higher class adjacent, intermediate frequency or co-channel, or a same class adjacent channel. In these cases, the applicant need not file a petition for rule making to amend the Table of Allotments (§73.202(b)) to specify the modified channel class.

Note: Changes in channel and/or class by application are limited to modifications on first, second and third adjacent channels, intermediate frequency (IF) channels, and co-channels which require no other changes to the FM Table of Allotments. Applications requesting such modifications must meet either the minimum spacing requirements of §73.207 at the site specified in the application, without resort to the provisions of the Commission's Rules permitting short spaced stations as set forth in §§73.213 through 73.215 or demonstrate by a separate exhibit attached to the application the existence of a suitable allotment site that fully complies with §§73.207 and 73.315 without resort to §§73.213 through 73.215.

[54 FR 11954, Mar. 23, 1989, as amended at 58 FR 38535, July 19, 1993]

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