§  1.1622   Preferences.

   (a) Any applicant desiring a perference in the random selection shall
   so indicate as part of its application. Such an applicant shall list
   any owner who owns all or part of a medium of mass communications or
   who is a member of a minority group, together with a precise
   identification of the ownership interest held in such medium of mass
   communications or name of the minority group, respectively. Such an
   applicant shall also state whether more than 50% of the ownership
   interests in it are held by members of minority groups and the number
   of media of mass communications more than 50% of whose ownership
   interests are held by the applicant and/or its owners.

   (b) Preference factors as incorporated in the percentage calculations
   in §  1.1623, shall be granted as follows:

   (1) Applicants, more than 50% of whose ownership interests are held by
   members of minority groups—2:1.

   (2) Applicants whose owners in the aggregate hold more than 50% of the
   ownership interests in no other media of mass communications—2:1.

   (3) Applicants whose owners in the aggregate hold more than 50% of the
   ownership interest in one, two or three other media of mass
   communications—1.5:1.

   (c) Applicants may receive preferences pursuant to §  1.1622(b)(1) and
   either §  1.1622 (b)(2) or (b)(3).

   (d) Preferences will be determined on the basis of ownership interests
   as of the date of release of the latest Public Notice announcing the
   acceptance of the last-filed mutually exclusive application.

   (e) No preferences pursuant to §  1.1622 (b)(2) or (b)(3) shall be
   granted to any LPTV or MDS applicant whose owners, when aggregated,
   have an ownership interest of more than 50 percent in the following
   media of mass communications, if the service areas of those media as
   described herein wholly encompass or are encompassed by the protected
   predicted contour, computed in accordance with §  74.707(a), of the low
   power TV or TV translator station for which the license or permit is
   sought, or computed in accordance with §  21.902(d), of the MDS station
   for which the license or permit is sought.

   (1) AM broadcast station—predicted or measured 2 mV/m groundwave
   contour, computed in accordance with §  73.183 or §  73.186;

   (2) FM broadcast station—predicted 1 mV/m contour, computed in
   accordance with §  73.313;

   (3) TV broadcast station—Grade A contour, computed in accordance with
   §  73.684;

   (4) Low power TV or TV translator station—protected predicted contour,
   computed in accordance with §  74.707(a);

   (5) Cable television system franchise area, nor will the diversity
   preference be available to applicants whose proposed transmitter site
   is located within the franchise area of a cable system in which its
   owners, in the aggregate, have an ownership interest of more than 50
   percent.

   (6) Daily newspaper community of publication, nor will the diversity
   preference be available to applicants whose proposed transmitter site
   is located within the community of publication of a daily newspaper in
   which its owners, in the aggregate, have an ownership interest of more
   than 50 percent.

   (7) Multipoint Distribution Service—station service area, computed in
   accordance with §  21.902(d).

   [ 48 FR 27202 , June 13, 1983, as amended at  50 FR 5992 , Feb. 13, 1985;
    50 FR 11161 , Mar. 20, 1985]

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