Sec. 73.239  Use of common antenna site.

    No FM broadcast station license or renewal of FM broadcast station 
license will be granted to any person who owns, leases, or controls a 
particular site which is peculiarly suitable for FM broadcasting in a 
particular area and (a) which is not available for use by other FM 
broadcast station licensees; and (b) no other comparable site is 
available in the area; and (c) where the exclusive use of such site by 
the applicant or licensee would unduly limit the number of FM broadcast 
stations that can be authorized in a particular area

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or would unduly restrict competition among FM broadcast stations.

[ 28 FR 13623 , Dec. 14, 1963]