§ 73.7003   Point system selection procedures.

   (a) If timely filed applications for reserved FM channels or reserved TV
   channels are determined to be mutually exclusive, applications will be
   processed and assessed points to determine the tentative selectee for the
   particular channels. The tentative selectee will be the applicant with the
   highest point total under the procedure set forth in this section, and will
   be awarded the requested permit if the Commission determines that an award
   will serve the public interest, convenience, and necessity.

   (b) Based on information provided in each application, each applicant will
   be awarded a predetermined number of points under the criteria listed:

   (1)  Established local applicant. Three points for local applicants as
   defined in § 73.7000 who have been local continuously for no fewer than the
   two years (24 months) immediately prior to application, if the applicant's
   own governing documents (e.g. by-laws, constitution, or their equivalent)
   require that such localism be maintained.

   (2)  Local  diversity  of ownership. Two points for applicants with no
   attributable  interests as defined in § 73.7000, in any other broadcast
   station or authorized construction permit (comparing radio to radio and
   television to television) whose principal community (city grade) contour
   overlaps that of the proposed station, if the applicant's own governing
   documents (e.g. by-laws, constitution, or their equivalent) require that
   such diversity be maintained. The principal community (city grade) contour
   is the 5 mV/m for AM stations, the 3.16 mV/m for FM stations calculated in
   accordance with § 73.313(c), and the contour identified in § 73.685(a) for TV.
   Radio applicants will count commercial and noncommercial AM, FM, and FM
   translator stations other than fill-in stations. Television applicants will
   count UHF, VHF, and Class A stations.

   (3) State-wide network. Two points for an applicant that does not qualify
   for the credit for local diversity of ownership, if it is:

   (i)  An entity, public or private, with authority over a minimum of 50
   accredited full-time elementary and/or secondary schools within a single
   state, encompassed by the combined primary service contours of the proposed
   station  and  its  existing station(s), if the existing station(s) are
   regularly providing programming to the schools in furtherance of the school
   curriculum and the proposed station will increase the number of schools it
   will regularly serve; or

   (ii) An accredited public or private institution of higher learning with a
   minimum of five full time campuses within a single state encompassed by the
   combined primary service contours of the proposed station and its existing
   station(s), if the existing station(s) are regularly providing programming
   to campuses in furtherance of their curriculum and the proposed station will
   increase the number of campuses it will regularly serve; or

   (iii) An organization, public or private, with or without direct authority
   over  schools,  that  will  regularly  provide  programming for and in
   coordination with an entity described in paragraph (b)(3) (i) or (ii) of
   this section for use in the school curriculum.

   (iv)  No entity may claim both the diversity credit and the state-wide
   network credit in any particular application.

   (4) Technical parameters. One point to the applicant covering the largest
   geographic area and population with its relevant contour (60 dBu for FM and
   Grade B for TV), provided that the applicant covers both a ten percent
   greater area and a ten percent greater population than the applicant with
   the next best technical proposal. The top applicant will receive two points
   instead of one point if its technical proposal covers both a 25 percent
   greater area and 25 percent greater population than the next best technical
   proposal.)

   (c) If the best qualified (highest scoring) two or more applicants have the
   same point accumulation, the tentative selectee will be determined by a
   tie-breaker mechanism as follows:

   (1)  Each  applicant's  number of attributable existing authorizations
   (licenses and construction permits, commercial and noncommercial) in the
   same service (radio or television) nationally, as of the time of application
   shall be compared, and the applicant with the fewest authorizations will be
   chosen as tentative selectee. Radio applicants will count commercial and
   noncommercial  AM,  FM,  and FM translator stations other than fill-in
   stations. Television applicants will count UHF, VHF, and Class A stations.

   (2) If a tie remains after the tie breaker in paragraph (c)(1) of this
   section, the tentative selectee will be the remaining applicant with the
   fewest pending new and major change applications in the same service at the
   time of filing;

   (3) If a tie remains after the tie breaker in paragraph (c)(2) of this
   section, each of the remaining applicants will be identified as a tentative
   selectee, with the time divided equally among them.

   (d) Settlements. At any time during this process, the applicants may advise
   the Commission that they are negotiating or have reached settlement, and the
   Commission will withhold further comparative processing for a reasonable
   period upon such notification. Settlement may include an agreement to share
   time on the channel voluntarily or other arrangement in compliance with
   Commission  rules. Parties to a settlement shall comply with § 73.3525,
   limiting any monetary payment to the applicant's reasonable and prudent
   expenses.

   (e) For applications filed after April 21, 2000, an applicant's maximum
   qualifications  are established at the time of application and will be
   reduced  for  any  post-application changes that negatively affect any
   evaluation criterion.

   (f) For applications filed on or before April 21, 2000, an applicant's
   maximum qualifications are established as of the relevant date listed in
   paragraph (f)(1), (2), or (3) of this section. After the relevant date for
   determining an applicant's maximum points, points will be reduced for any
   changes that negatively affect any evaluation criterion. Applicants will
   establish their qualifications according to the following:

   (1) If the applicant is in a group for which a “B” cut-off notice issued
   prior  to  April 21, 2000 its maximum non-technical qualifications are
   established  as  of the date by which applicants must supplement their
   applications  to  supply  point information, and its maximum technical
   qualifications are established as of the date of the “B” cut-off notice;

   (2) If the applicant is in a group for which an “A” cut-off notice issued
   prior to April 21, 2000 but for which no “B” cut-off notice issued, its
   maximum non-technical qualifications are established as of the date by which
   applicants must supplement their applications to supply point information,
   and its maximum technical qualifications are established as of April 21,
   2000;

   (3) If the applicant was neither placed on an “A” cut-off list prior to
   April 21, 2000 nor filed in response to such an “A” cut-off list, it is
   subject to competition from applications filed within the first filing
   window, and its maximum technical and non-technical qualifications will be
   determined as of the close of the first filing window.

   [ 65 FR 36380 , June 8, 2000, as amended at  66 FR 15356 , Mar. 19, 2001]

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