§ 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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