§  73.7000   Definition of terms (as used in subpart K only).

   Attributable interest. An interest of an applicant, its parent,
   subsidiaries, their officers, and members of their governing boards
   that would be cognizable under the standards in the notes to
   §  73.3555. Also an interest of an entity providing more than 33
   percent of an applicant's equity and/or debt that also either (1)
   supplies more than 15% of the station's weekly programming, or (2) has
   an attributable interest pursuant to §  73.3555 in media in the same
   market.

   Established local applicant. An applicant that has, for at least the
   two years (24 months) immediately preceding application, met the
   definition of local applicant.

   Local applicant. An applicant physically headquartered, having a
   campus, or having 75% of board members residing within 25 miles of the
   reference coordinates for the community to be served, or a governmental
   entity within its area of jurisdiction.

   Near reservation lands. Those areas or communities adjacent or
   contiguous to reservation or other Trust lands which are designated by
   the Department of Interior's Commission of Indian Affairs upon
   recommendation of the Local Bureau of Indian Affairs Superintendent,
   which recommendation shall be based upon consultation with the tribal
   governing body of those reservations, as locales appropriate for the
   extension of financial assistance and/or social services on the basis
   of such general criteria as: Number of Indian people native to the
   reservation residing in the area; a written designation by the tribal
   governing body that members of their tribe and family members who are
   Indian residing in the area, are socially, culturally and economically
   affiliated with their tribe and reservation; geographical proximity of
   the area to the reservation and administrative feasibility of providing
   an adequate level of services to the area.

   Nonreserved (Unreserved) channels. Channels which are not reserved
   exclusively for noncommercial educational use, and for which commercial
   entities could thus be eligible to operate full power stations. Such
   channels appear without an asterisk designation in the FM Table of
   Allotments (§  73.202) and TV Table of Allotments (§  73.606). In the
   event of a request to allocate a nonreserved channel as reserved
   pursuant to §  73.202(a) or §  73.606(a), the channel remains
   classified as nonreserved until release of a Commission decision
   granting such request.

   On-air operations. Broadcast of program material to the public pursuant
   to Commission authority, generally beginning with program test
   authority, for periods of time that meet any required minimum operating
   schedule, e.g., §  73.561(a).

   Population. The number of people calculated using the most recent
   census block data provided by the United States Census Bureau.

   Reservations. Any federally recognized Indian tribe's reservation,
   pueblo or colony, including former reservations in Oklahoma, Alaska
   Native regions established pursuant to the Alaska Native Claims
   Settlements Act (85 Stat. 688) and Indian allotments, for which a Tribe
   exercises regulatory jurisdiction.

   Reserved channels. Channels reserved exclusively for noncommercial
   educational use, whether by the portion of the spectrum in which they
   are located ( i.e. FM channels 200 to 220) or by a case-by-case
   Commission allotment decision (channels that appear with an asterisk
   designation in the FM Table of Allotments (§  73.202) or TV Table of
   Allotments (§  73.606)).

   Tribe. Any Indian or Alaska Native tribe, band, nation, pueblo, village
   or community which is acknowledged by the federal government to
   constitute a government-to-government relationship with the United
   States and eligible for the programs and services established by the
   United States for Indians. See The Federally Recognized Indian Tribe
   List Act of 1994 (Indian Tribe Act), Public Law 103-454. 108 Stat. 4791
   (1994) (the Secretary of the Interior is required to publish in the
   Federal Register an annual list of all Indian Tribes which the
   Secretary recognizes to be eligible for the special programs and
   services provided by the United States to Indians because of their
   status as Indians).

   Tribal applicant. (1) A Tribe or consortium of Tribes, or

   (2) An entity that is 51 percent or more owned or controlled by a Tribe
   or Tribes that occupy Tribal Lands that receive Tribal Coverage.

   Tribal coverage. (1) Coverage of a Tribal Applicant's or Tribal
   Applicants' Tribal Lands by at least 50 percent of a facility's 60 dBu
   (1 mV/m) contour, or

   (2) The facility's 60 dBu (1 mV/m) contour--

   (i) Covers 50 percent or more of a Tribal Applicant's or Tribal
   Applicants' Tribal Lands,

   (ii) Serves at least 2,000 people living on Tribal Lands, and

   (iii) The total population on Tribal Lands residing within the
   station's service contour constitutes at least 50 percent of the total
   covered population. In neither paragraphs (1) nor (2) of this
   definition may the applicant claim the priority if the proposed
   principal community contour would cover more than 50 percent of the
   Tribal Lands of a non-applicant Tribe. To the extent that Tribal Lands
   include fee lands not owned by Tribes or members of Tribes, the outer
   boundaries of such lands shall delineate the coverage area, with no
   deduction of area for fee lands not owned by Tribes or members of
   Tribes.

   Tribal lands. Both Reservations and Near reservation lands. This
   definition includes American Indian Reservations and Trust Lands,
   Tribal Jurisdiction Statistical Areas, Tribal Designated Statistical
   Areas, Hawaiian Homelands, and Alaska Native Village Statistical Areas,
   as well as the communities situated on such lands.

   [ 65 FR 36380 , June 8, 2000, as amended at  66 FR 15356 , Mar. 19, 2001;
    75 FR 9807 , Mar. 4, 2010;  76 FR 18953 , Apr. 6, 2011]

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