§ 73.3571   Processing of AM broadcast station applications.

   (a) Applications for AM broadcast facilities are divided into three groups.

   (1)  In the first group are applications for new stations or for major
   changes in the facilities of authorized stations. A major change for an AM
   station  authorized under this part is any change in frequency, except
   frequency changes to non-expanded band first, second or third adjacent
   channels. A major change in ownership is a situation where the original
   party or parties to the application do not retain more than 50% ownership
   interest in the application as originally filed. A major change in community
   of  license  is one in which the applicant's daytime facilities at the
   proposed community are not mutually exclusive, as defined in § 73.37, with
   the applicant's current daytime facilities, or any change in community of
   license of an AM station in the 1605-1705 kHz band. All other changes will
   be considered minor.

   (2) The second group consists of applications for licenses and all other
   changes in the facilities of authorized stations.

   (3) The third group consists of applications for operation in the 1605-1705
   kHz band which are filed subsequent to FCC notification that allotments have
   been awarded to petitioners under the procedure specified in § 73.30.

   (b)(1) The FCC may, after acceptance of an application for modification of
   facilities, advise the applicant that such application is considered to be
   one  for  a major change and therefore is subject to the provisions of
   § § 73.3522, 73.3580 and 1.1111 of this chapter pertaining to major changes.
   Such major modification applications will be dismissed as set forth in
   paragraph (h)(1)(i) of this section.

   (2) An amendment to an application which would effect a major change, as
   defined in paragraph (a)(1) of this section, will not be accepted except as
   provided for in paragraph (h)(1)(i) of this section.

   (c) An application for changes in the facilities of an existing station will
   continue  to  carry  the same file number even though (pursuant to FCC
   approval) an assignment of license or transfer of control of said licensee
   or permittee has taken place if, upon consummation, the application is
   amended to reflect the new ownership.

   (d)  If,  upon  examination,  the  FCC finds that the public interest,
   convenience and necessity will be served by the granting of an application,
   the same will be granted. If the FCC is unable to make such a finding and it
   appears that a hearing may be required, the procedure set forth in § 73.3593
   will be followed.

   (e)  Applications proposing to increase the power of an AM station are
   subject to the following requirements:

   (1) In order to be acceptable for filing, any application which does not
   involve  a  change in site must propose at least a 20% increase in the
   station's nominal power.

   (2)  Applications  involving  a  change in site are not subject to the
   requirements in paragraph (e)(1) of this section.

   (3) Applications for nighttime power increases for Class D stations are not
   subject to the requirements of this section and will be processed as minor
   changes.

   (4) The following special procedures will be followed in authorizing Class
   II-D daytime-only stations on 940 and 1550 kHz, and Class III daytime-only
   stations  on  the 41 regional channels listed in § 73.26(a), to operate
   unlimited-time.

   (i) Each eligible daytime-only station in the foregoing categories will
   receive an Order to Show Cause why its license should not be modified to
   specify operation during nighttime hours with the facilities it is licensed
   to start using at local sunrise, using the power stated in the Order to Show
   Cause,  that  the  Commission finds is the highest nighttime level—not
   exceeding  0.5  kW—at  which the station could operate without causing
   prohibited  interference  to other domestic or foreign stations, or to
   co-channel or adjacent channel stations for which pending applications were
   filed before December 1, 1987.

   (ii) Stations accepting such modification shall be reclassified. Those
   authorized in such Show Cause Orders to operate during nighttime hours with
   a power of 0.25 kW or more, or with a power that, although less than 0.25
   kW, is sufficient to enable them to attain RMS field strengths of 141 mV/m
   or more at 1 kilometer, shall be redesignated as Class II-B stations if they
   are assigned to 940 or 1550 kHz, and as unlimited-time Class III stations if
   they are assigned to regional channels.

   (iii) Stations accepting such modification that are authorized to operate
   during nighttime hours at powers less than 0.25 kW, and that cannot with
   such powers attain RMS field strengths of 141 mV/m or more at 1 kilometer,
   shall be redesignated as Class II-S stations if they are assigned to 940 or
   1550 kHz, and as Class III-S stations if they are assigned to regional
   channels.

   (iv) Applications for new stations may be filed at any time on 940 and 1550
   kHz and on the regional channels. Also, stations assigned to 940 or 1550
   kHz, or to the regional channels, may at any time, regardless of their
   classifications, apply for power increases up to the maximum generally
   permitted. Such applications for new or changed facilities will be granted
   without taking into account interference caused to Class II-S or Class III-S
   stations, but will be required to show interference protection to other
   classes of stations, including stations that were previously classified as
   Class II-S or Class III-S, but were later reclassified as Class II-B or
   Class III unlimited-time stations as a result of subsequent facilities
   modifications that permitted power increases qualifying them to discontinue
   their “S” subclassification.

   (f) Applications for minor modifications for AM broadcast stations, as
   defined in paragraph (a)(2) of this section, may be filed at any time,
   unless restricted by the FCC, and will be processed on a “first come/first
   served” basis, with the first acceptable application cutting off the filing
   rights of subsequent, conflicting applicants. The FCC will periodically
   release a Public Notice listing those applications accepted for filing.
   Applications received on the same day will be treated as simultaneously
   filed and, if they are found to be mutually exclusive, must be resolved
   through settlement or technical amendment. Conflicting applications received
   after  the  filing  of a first acceptable application will be grouped,
   according  to filing date, behind the lead application in a queue. The
   priority rights of the lead applicant, against all other applicants, are
   determined  by the date of filing, but the filing date for subsequent,
   conflicting applicants only reserves a place in the queue. The rights of an
   applicant in a queue ripen only upon a final determination that the lead
   applicant is unacceptable and if the queue member is reached and found
   acceptable.  The  queue  will remain behind the lead applicant until a
   construction permit is finally granted, at which time the queue dissolves.

   (g) Applications for change of license to change hours of operation of a
   Class C AM broadcast station, to decrease hours of operation of any other
   class of station, or to change station location involving no change in
   transmitter site will be considered without reference to the processing
   line.

   (h) Processing new and major AM broadcast station applications. (1)(i) The
   FCC will specify by Public Notice, pursuant to § 73.5002, a period for filing
   AM  applications  for  a new station or for major modifications in the
   facilities of an authorized station. AM applications for new facilities or
   for  major modifications, whether for commercial broadcast stations or
   noncommercial educational broadcast stations, as described in 47 U.S.C.
   397(6), will be accepted only during these specified periods. Applications
   submitted prior to the appropriate filing period or “window” opening date
   identified in the Public Notice will be returned as premature. Applications
   submitted after the specified deadline will be dismissed with prejudice as
   untimely.

   (ii)(A) Such AM applicants will be subject to the provisions of § § 1.2105 of
   this  chapter  and  73.5002 regarding the submission of the short-form
   application, FCC Form 175, and all appropriate certifications, information
   and exhibits contained therein. Applications must include the following
   engineering data:

   (1) Community of license;

   (2) Frequency;

   (3) Class;

   (4) Hours of operations (day, night, critical hours);

   (5) Power (day, night, critical hours);

   (6) Antenna location (day, night, critical hours); and

   (7) All other antenna data.

   (B) Applications lacking data (including any form of placeholder, such as
   inapposite use of “0” or “not applicable” or an abbreviation thereof) in any
   of the categories listed in paragraph (h)(1)(ii)(A) of this section will be
   immediately dismissed as incomplete without an opportunity for amendment.
   The staff will review the remaining applications to determine whether they
   meet the following basic eligibility criteria:

   (1) Community of license coverage (day and night) as set forth in § 73.24(i),
   and

   (2) Protection of co- and adjacent-channel station licenses, construction
   permits and prior-filed applications (day and night) as set forth in § § 73.37
   and 73.182.

   (C) If the staff review shows that an application does not meet one or more
   of the basic eligibility criteria listed in paragraph (h)(1)(ii)(B) of this
   section, it will be deemed “technically ineligible for filing” and will be
   included on a Public Notice listing defective applications and setting a
   deadline for the submission of curative amendments. An application listed on
   that Public Notice may be amended only to the extent directly related to an
   identified deficiency in the application. The amendment may modify the
   proposed power, class (within the limits set forth in § 73.21 of the rules),
   antenna location or antenna data, but not the proposed community of license
   or frequency. Except as set forth in the preceding two sentences, amendments
   to short-form (FCC Form 175) applications will not be accepted at any time.
   Applications that remain technically ineligible after the close of this
   amendment period will be dismissed, and the staff will determine which
   remaining applications are mutually exclusive. The engineering proposals in
   eligible applications remaining after the close of the amendment period will
   be protected from subsequently filed applications. Determinations as to the
   acceptability or grantability of an applicant's proposal will not be made
   prior to an auction.

   (iii)  AM applicants will be subject to the provisions of § § 1.2105 and
   73.5002  regarding  the modification and dismissal of their short-form
   applications.

   (2) Subsequently, the FCC will release Public Notices:

   (i) Identifying the short-form applications received during the window
   filing  period which are found to be mutually exclusive, including any
   applications for noncommercial educational broadcast stations, as described
   in 47 U.S.C. 397(6), as well as the procedures the FCC will use to resolve
   the mutually exclusive applications;

   (ii) Establishing a date, time and place for an auction;

   (iii) Providing information regarding the methodology of competitive bidding
   to be used in the upcoming auction, bid submission and payment procedures,
   upfront payment procedures, upfront payment deadlines, minimum opening bid
   requirements and applicable reserve prices in accordance with the provisions
   of § 73.5002;

   (iv) Identifying applicants who have submitted timely upfront payments and,
   thus, are qualified to bid in the auction.

   (3) After the close of the filing window, the FCC will also release a Public
   Notice identifying any short-form applications received which are found to
   be non-mutually exclusive, including any applications for noncommercial
   educational  broadcast stations, as described in 47 U.S.C. 397(6). All
   non-mutually exclusive applicants will be required to submit an appropriate
   long  form  application  within  30 days of the Public Notice and, for
   applicants for commercial broadcast stations, pursuant to the provisions of
   § 73.5005(d). Non-mutually exclusive applications for commercial broadcast
   stations will be processed and the FCC will periodically release a Public
   Notice listing such non-mutually exclusive applications determined to be
   acceptable for filing and announcing a date by which petitions to deny must
   be  filed  in accordance with the provisions of § § 73.5006 and 73.3584.
   Non-mutually exclusive applications for noncommercial educational broadcast
   stations, as described in 47 U.S.C. 397(6), will be processed and the FCC
   will  periodically  release  a Public Notice listing such non-mutually
   exclusive applications determined to be acceptable for filing and announcing
   a date by which petitions to deny must be filed in accordance with the
   provisions of § § 73.7004 and 73.3584. If the applicant is duly qualified, and
   upon examination, the FCC finds that the public interest, convenience and
   necessity will be served by the granting of the non-mutually exclusive long
   form application, the same will be granted.

   (4)(i) The auction will be held pursuant to the procedures set forth in
   § § 1.2101 et seq. and 73.5000 et seq. Subsequent to the auction, the FCC will
   release a Public Notice announcing the close of the auction and identifying
   the winning bidders. Winning bidders will be subject to the provisions of
   § 1.2107 of this chapter regarding down payments and will be required to
   submit the appropriate down payment within 10 business days of the Public
   Notice. Pursuant to § 1.2107 of this chapter and § 73.5005, a winning bidder
   that meets its down payment obligations in a timely manner must, within 30
   days  of  the release of the Public Notice announcing the close of the
   auction, submit the appropriate long-form application for each construction
   permit for which it was the winning bidder. Long-form applications filed by
   winning bidders shall include the exhibits identified in § 73.5005(a).

   (ii) Winning bidders are required to pay the balance of their winning bids
   in a lump sum prior to the deadline established by the Commission pursuant
   to § 1.2109(a). Long-form construction permit applications will be processed
   and  the  FCC  will  periodically release a Public Notice listing such
   applications that have been accepted for filing and announcing a date by
   which petitions to deny must be filed in accordance with the provisions of
   § § 73.5006  and  73.3584.  Construction  permits will be granted by the
   Commission  only after full and timely payment of winning bids and any
   applicable late fees, and if the applicant is duly qualified, and upon
   examination,  the  FCC finds that the public interest, convenience and
   necessity will be served.

   (iii) All long-form applications will be cutoff as of the date of filing
   with  the  FCC and will be protected from subsequently filed long-form
   applications. Applications will be required to protect all previously filed
   commercial and noncommercial applications. Subject to the restrictions set
   forth in paragraph (k) of this section, winning bidders filing long-form
   applications  may  change  the  technical proposals specified in their
   previously  submitted short-form applications, but such change may not
   constitute a major change. If the submitted long-form application would
   constitute a major change from the proposal submitted in the short-form
   application,  the  long-form  application will be returned pursuant to
   paragraph (h)(1)(i) of this section.

   (i) In order to grant a major or minor change application made contingent
   upon the grant of another licensee's request for a facility modification,
   the Commission will not consider mutually exclusive applications by other
   parties that would not protect the currently authorized facilities of the
   contingent applicants. Such major change applications remain, however,
   subject to the provisions of § § 73.3580 and 1.1111. The Commission shall
   grant contingent requests for construction permits for station modifications
   only upon a finding that such action will promote the public interest,
   convenience and necessity.

   (j) Applications proposing to change the community of license of an AM
   station, except for an AM station in the 1605-1705 kHz band, are considered
   to be minor modifications under paragraphs (a)(2) and (f) of this section,
   and are subject to the following requirements:

   (1) The applicant must attach an exhibit to its application containing
   information demonstrating that the proposed community of license change
   constitutes a preferential arrangement of assignments under Section 307(b)
   of the Communications Act of 1934, as amended (47 U.S.C. 307(b));

   (2)  The daytime facilities specified by the applicant at the proposed
   community of license must be mutually exclusive, as defined in § 73.37, with
   the applicant's current daytime facilities; and

   (3) Notwithstanding the provisions of § 73.3580(a), the applicant must comply
   with the local public notice provisions of § § 73.3580(c)(3), 73.3580(d)(3),
   and 73.3580(f). The exception contained in § 73.3580(e) shall not apply to an
   application proposing to change the community of license of an AM station.

   (k)(1) An AM applicant receiving a dispositive Section 307(b) preference is
   required to construct and operate technical facilities substantially as
   proposed  in its FCC Form 175. An AM applicant, licensee, or permittee
   receiving a dispositive Section 307(b) preference based on its proposed
   service to underserved populations (under Priority (1), Priority (2), and
   Priority  (4))  or  service totals (under Priority (4)) may modify its
   facilities so long as it continues to provide the same priority service to
   substantially the same number of persons who would have received service
   under  the  initial  proposal,  even if the population is not the same
   population that would have received such service under the initial proposal.
   For purposes of this provision, “substantially” means that any proposed
   modification must not result in a decrease of more than 20 percent of any
   population figure that was a material factor in obtaining the dispositive
   Section 307(b) preference.

   (2) An AM applicant, licensee, or permittee that has received a dispositive
   preference under Priority (3) will be prohibited from changing its community
   of license.

   (3) The restrictions set forth in paragraphs (k)(1) and (k)(2) of this
   section will be applied for a period of four years of on-air operations.
   This holding period does not apply to construction permits that are awarded
   on a non-comparative basis, such as those awarded to non-mutually exclusive
   applicants or through settlement.

   Note to § 73.3571: For purposes of paragraph (h)(1)(ii) of this section,
   § 73.182(k) interference standards apply when determining nighttime mutual
   exclusivity between applications to provide AM service that are filed in the
   same window. Two applications would be deemed to be mutually exclusive if
   either application would be subject to dismissal because it would enter
   into, i.e., raise, the twenty-five percent exclusion RSS nighttime limit of
   the other.

   [ 63 FR 48625 , Sept. 11, 1998, as amended at  64 FR 19501 , Apr. 21, 1999;  67 FR 45374 , July 9, 2002;  68 FR 26227 , May 15, 2003;  71 FR 6228 , Feb. 7, 2006;
    71 FR 76219 , Dec. 20, 2006;  75 FR 9806 , Mar. 4, 2010;  76 FR 18952 , Apr. 6,
   2011]

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