objectionable interference to a duly notified Haitian assignment, will be considered and acted upon by the Commission in accordance with its established procedure. In particular cases, involving applications of this character but in which special international considerations require that a different procedure be followed, the applicant involved will be formally advised to this effect.

§ 1.571

Processing of standard broadcast applications.

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

(1) In the first group are applications for new stations (except applications for new Class II-A stations) or for major changes in the facilities of authorized stations, i.e., any changes in frequency, power, hours of operation, or station location: Provided, however, That the Commission may, within 15 days after the tender for filing of any application for other 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 § 1.580.

(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 new Class II-A stations.

(b) If an application is amended so as to effect a major change as defined in paragraph (a) (1) of this section or so as to result in a transfer of control or assignment which, in the case of an authorized station, would require the filing of an application therefor on FCC Form 314 or 315 (see § 1.540), § 1.580 will apply to such amended application.

(c) Applications for new stations (except new Class II-A stations) or for major changes in the facilities of authortred stations are processed as nearly as possible in the order in which they are aled. Such applications will be placed in the processing line in numerical sequence, and are drawn by the staff for study. the lowest file number first. Thus, the file number determines the order in which the staff's work is begun on a particular application. There are two exceptions thereto: the Broadcast Bureau is authorized to (1) group together for processing applications which involve interference conflicts where it appears that

the applications must be designated for hearing in a consolidated proceeding; and (2) to group together for processing and simultaneous consideration, without designation for hearing, all applications filed by existing Class IV stations requesting an increase in daytime power which involve interlinking interference problems only, regardless of their respective dates of filing. In order that those applications which are entitled to be grouped for processing may be fixed prior to the time processing of the earliest filed application is begun, the Commission will periodically publish in the FEDERAL REGISTER a Public Notice listing applications which are near the top of the processing line and announcing a date (not less than 30 days after publication) on which the listed applications will be considered available and ready for processing and by which all applications excepting those specified in exception (2) in this paragraph must be filed if they are to be grouped with any of the listed applications.

(d) Applications for new Class II-A stations are placed at the head of the processing line and processed as quickly as possible. Action on such applications may be at any time more than 30 days after public notice is given of acceptance of the application for filing.

(e) The processing and consideration of applications for new stations or major changes on those frequencies specified in § 1.569 are subject to certain restrictions, as set forth therein.

(f) Applications other than those for new stations or for major changes in the facilities of authorized stations are not placed on the processing line but are processed as nearly as possible in the order in which they are filed.

(g) Applications for modifications of license to change hours of operation of a class IV 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) If, upon examination, the Commission finds that the public interest, convenience, and necessity will be served by the granting of an application, the same will be granted. If, on the other hand, the Commission is unable to make such a finding and it appears that a hearing may be required, the procedure set forth in § 1.593 will be followed.

(i) When an application which has been designated for hearing has been removed from the hearing docket, the application will be returned to its proper position (as determined by the file number) in the processing line. Whether or not a new file number will be assigned will be determined pursuant to paragraph (j) of this section after the application has been removed from the hearing docket.

(j) (1) A new file number will be assigned to an application for a new station, or for major changes in the facilities of authorized stations, when it is amended to change frequency, to increase power, to increase hours of operation, or to change station location. Any other amendment modifying the engineering proposal, except an amendment respecting the type of equipment specified, will also result in the assignment of a new file number unless such amendment is accompanied by a complete engineering study showing that the amendment would not involve new or increased interference problems with existing stations or other applications pending at the time the amendment is filed. If, after submission and acceptance of such an engineering amendment, subsequent examination indicates new or increased interference problems with either existing stations or other applications pending at the time the amendment was received in the Commission, the application will then be assigned a new file number and placed in the processing line according to the numerical sequence of the new file number.

(2) A new file number will be assigned to an application for a new station when it is amended to specify a change in ownership as a result of which one or more parties with an ownership interest in the original application do not have, on a collective basis, a 50 percent or more ownership interest in the amended application.

(3) An application for changes in the facility of an existing station will continue to carry the same file number although an assignment of license or transfer of control of said licensee (permittee) -applicant has been consented to by the Commission, provided the application for changes in facility (FCC Form 301) is amended jointly by the assignor and assignee or transferor and transferee, upon consummation of the as

signment or transfer. to reflect the ownership changes and to include the financial and programming proposals of the new licensee (permittee) -applicant.

(k) When an application is reached for processing, and it is necessary to address a letter to the applicant asking further information, the application will not be processed until the information requested is received, and the application will be placed in the pending file to await the applicant's response.

(1) When an application is placed in the pending file, the applicant will be notified of the reason for such action.

NOTE: No application tendered for filing after July 13, 1964, will be accepted for filing unless it complies fully with the provisions of new § 73.24 (b) and new § 73.37 of this chapter, contained in the Commission's report and order, FCC 64-609 in Docket 15084, adopted July 1, 1964. No application accepted for filing after July 13, 1964, will be granted prior to August 13, 1964.

[28 F.R. 12434, Nov. 22, 1963, as amended at 29 F.R. 9499, July 11, 1964]

§ 1.572 Processing of television broadcast applications.

(a) Applications for television broadcast stations are divided into two groups.

(1) In the first group are applications for new stations or for major changes in the facilities of authorized stations, i.e., (1) any change in frequency or station location, or (ii) any change in power, antenna height above average terrain and/or antenna location, if the change or combinations of changes results in a change of 50 percent or more in the area within the Grade B contour of the station: Provided, however, That the Commission may, within 15 days after the tender for filing of any other 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 § 1.580.

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

(b) If an application is amended so as to effect a major change as defined in paragraph (a) (1) of this section or so as to result in an assignment or transfer of control which, in the case of an authorized station, would require the filing of an application therefor on FCC Form 314 or 315 (see § 1.540), § 1.580 will apply to such amended application.

(c) Noncommercial educational stations: With respect to grant and (after August 8, 1962) acceptance of applications for construction permits for new or changed facilities on the channels reserved in § 73.501 of this chapter for educational use, the following restrictions will apply:

(1) Applications for facilities on channels 218, 219, and 220 must meet the following criteria:

(i) The facilities requested must not exceed the maximum facilities specified in § 73.211 of this chapter (as amended July 25, 1963, effective September 11, 1963) for Class B or Class C commercial stations, depending on the zone in which the requested facilities would be located.

must be

(ii) The requested facilities located, with respect to any assignment on FM Channels 221, 222, and 223 specified in the table of assignments in § 73.202 of this chapter at no less than the minimum mileage separations specified for stations of their class in §§ 73.207 and 73.504 of this chapter.

(iii) Where the application is for change in transmitter site, the move must not shorten the separation between the station and other co-channel and adjacent-channel stations, if the result would be a spacing less than that specified in § 73.207 of this chapter (as amended July 25, 1963, effective September 11, 1963).

(2) No application for facilities on any channel specified in § 73.501 of this chapter will be granted or accepted if the facilities requested would cause objectionable interference within the 1 mv/m contour of any co-channel or adjacent-channel station, or receive interference within the proposed 1 mv/m contour. The following standards shall be used to determine the existence of objectionable interference:

(1) The distance to the 1 mv/m contour shall be determined by use of Figure 1 of § 73.333 of this chapter (as amended July 25, 1962, effective September 10, 1962).

(ii) The distance to the applicable interference contour shall be determined by the F(50,10) curve published with the Commission's Order, FCC 61-1447, adopted December 6, 1961, setting forth the interim procedure for processing FM applications.

(iii) Objectionable interference will be considered to exist where, on the basis of the curves referred to in this subparagraph, the undesired signal of a co-channel signal exceeds one-tenth of the desired signal, the undesired signal of a station 200 kc/s removed exceeds one half of the desired signal, the undesired signal of a station 400 kc/s removed exceeds 10 times the desired signal, or the undesired signal of a station 600 kc/s removed exceeds 100 times the desired signal. (3) Directional antennas. No application for construction permit for a new station, change in channel, or change in existing facilities on the same channel will be granted or accepted for filing where it proposes a

directional antenna with a maximum-tominimum ratio of more than 15 db.

(d) Maximum and minimum facilities for stations on noncommercial channels. No provisions of these rules as to minimum facilities shall apply to noncommercial educational stations operating on the channels specified in § 73.501 of this chapter, or to grant or acceptance of applications by any existing station for increase in facilities on its present channel; and no provisions as to maximum facilities shall apply to noncommercial educational stations on Channels 201 to 217, inclusive, set forth in § 73.501 of this chapter.

§ 1.574 Processing of international broadcast applications.

(a) Applications for international broadcast facilities are divided into two groups.

(1) In the first group are applications for new stations for new or additional target zones, or for major changes in the facilities of authorized stations, i.e., a substantial change (other than local) in transmitter location or a significant change in the delivered median field intensity at the target zone: Provided, however, That the Commission may, within 15 days after the tender for filing of any other application for modification, advise the applicant that such application is considered to be one for a major change and therefore is subject to the provisions of § 1.580.

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

(b) If an application is amended so as to effect a major change as defined in paragraph (a) (1) of this section, or so as to result in an assignment or transfer of control which, in the case of an authorized station, would require the filing of an application therefor on FCC Form 314 or 315 (see § 1.540), § 1.580 will apply to such amended application. (c) Applications for international broadcast stations will be processed as nearly as possible in the order in which they are filed.

NOTE: Pending rule making pertaining to the authorization of international broadcast stations, no application seeking authority to construct a new international broadcast station or seeking authority to operate a greater number of frequency hours than authorized on April 25, 1963, will be granted, and, after April 25, 1963, no such application will be accepted for filing.

$1.578 Amendments to applications for renewal, assignment and/or transfer of control.

(a) Any amendment to an application for renewal of any instrument of authorization shall be considered to be a minor amendment, except that any amendment which seeks to change the proposals contained therein relating to future programming of a station shall be considered to be a major amendment: Provided, however, That the Commission may, within 15 days after tender for filing of any other amendment, advise the applicant that the amendment is considered to be a major amendment and therefore is subject to the provisions of $1.580.

(b) Any amendment to an application for assignment of construction permit or license, or consent to the transfer of control of a corporation holding such a construction permit or license, shall be considered to be a minor amendment, except that any amendment which seeks a change in the ownership interest of the proposed assignee or transferee which would result in a change in control, or any amendment which would require the filing of FCC Forms 314 or 215 (see § 1.540) if the changes sought were made in an original application for assignment or transfer of control, shall be considered to be a major amendment: Provided, however, That the Commission may, within 15 days after the tender for ing of any other amendment, advise the applicant that the amendment is considered to be a major amendment and therefore is subject to the provisions of 11.580.

1.380 Local notice of filing; public notice of acceptance for filing; petitions to deny.

All applications for instruments authorization in the broadcast servre and major amendments thereto, as cated in §§ 1.571, 1.572, 1.573, 1.574, and 1.578) are subject to the provisions this section, except applications for: 1) A minor change in the facilities fan authorized station, as indicated in II 1571-1.574.

(2) Consent to an involuntary assignBest or transfer under section 310(b) f the Communications Act of 1934, as mended, or to a voluntary assignment transfer thereunder which does not Put in a change of control and which

may be applied for on FCC Form 316 pursuant to the provisions of § 1.540(b).

(3) A license under section 319 (c) of the Communications Act or, pending application for or grant of such license, any special or temporary authorization to permit interim operation to facilitate completion of authorized construction or to provide substantially the same service as would be authorized by such license. (4) Extension of time to complete construction of authorized facilities.

(5) An authorization of facilities for remote pickup or studio links for use in the operation of a broadcast station.

(6) Authorization pursuant to section 325(b) of the Communications Act where the programs to be transmitted are special events not of a continuing nature.

(7) An authorization under any of the proviso clauses of section 308(a) of the Communications Act.

(b) No application subject to the provisions of this section (whether as originally filed or as amended) will be acted upon by the Commission less than 30 days following issuance of public notice of the acceptance for filing of such application or amendment: Provided, however, That the Commission, notwithstanding the requirements of this section, may, if the grant of such application is otherwise authorized by law and if it finds that there are extraordinary circumstances requiring emergency operations in the public interest and that delay in the institution of such emergency operations would seriously prejudice the public interest, grant a temporary authorization accompanied by a statement of its reasons therefor, to permit such emergency operations for a period not exceeding 90 days, and upon making like findings may extend such temporary authorization for one additional period not to exceed 90 days.

(c) Except as otherwise provided in paragraph (e) of this section, an applicant filing any application or an amendment thereto which is subject to the provisions of this section (except for applications for stations in the international broadcast service and for television translator stations) shall cause to be published a notice of such filing as follows: Notice shall be published at least twice a week for 2 consecutive weeks within the 3-week period immediately following the tendering for filing of such application or amendment, or at least