Sec. 73.512  Special procedures applicable to Class D noncommercial 
          educational stations.

    (a) All Class D stations seeking renewal of license for any term 
expiring June 1, 1980, or thereafter shall comply with the requirements 
set forth below and shall simultaneously file an application on FCC Form 
340, containing full information regarding such compliance with the 
provisions set forth below.
    (1) To the extent possible, each applicant shall select a commercial 
FM channel on which it proposes to operate in lieu of the station's 
present channel. The station may select any commercial channel provided 
no objectionable interference, as set forth in Sec. 73.509(b), would be 
caused. The application shall include the same engineering information 
as is required to change the frequency of an existing station and any 
other information necessary to establish the fact that objectionable 
interference would not result. If no commerical channel is available 
where the station could operate without causing such interference, the 
application shall set forth the basis upon which this conclusion was 
reached.
    (2) If a commercial channel is unavailable, to the extent possible 
each applicant should propose operation on Channel 200 (87.9 MHz) unless 
the station would be within 402 kilometers (250 miles) of the Canadian 
border or 320 kilometers (199 miles) of the Mexican border or would 
cause interference to an FM station operating on Channels 201, 202, or 
203 or to TV Channel 6, as provided in Sec. 73.509.
    (3) If a channel is not available under either paragraph (a) (1) or 
(2) of this section, the renewal applicant shall study all 20 
noncommercial educational FM channels and shall propose operation on the 
channel which would cause the least preclusion to the establishment of 
new stations or increases in power by existing stations. Full 
information regarding the basis for the selection should be provided.
    (b) At any time before the requirements of paragraph (a) become 
effective, any existing Class D station may file a construction permit 
application on FCC Form 340 to change channel in the manner described 
above which shall be subject to the same requirements. In either case, 
any license granted shall specify that the station's license is for a 
Class D (secondary) station.
    (c) Except in Alaska, no new Class D applications nor major change 
applications by existing Class D stations are acceptable for filing 
except by existing Class D stations seeking to change frequency. Upon 
the grant of such application, the station shall become a Class D 
(secondary) station.
    (d) Class D noncommercial educational (secondary) stations (see 
Sec. 73.506(a)(2)) will be permitted to continue to operate only so long 
as no interference (as defined in Sec. 73.509) is caused to any TV or 
commercial FM broadcast stations. In the event that the Class D 
(secondary) station would cause interference to a TV or commercial FM 
broadcast station after that Class D (secondary) station is authorized, 
the Class D (secondary) station must cease operation when program tests 
for the TV or commercial FM broadcast station commence. The Class D 
(secondary) station may apply for a construction permit (see 
Sec. 73.3533) to change to another frequency or antenna site where it 
would not cause interference (as defined in Sec. 73.509). If the Class D 
(secondary) station must cease operation before the construction permit 
is granted, an application for temporary authorization (pursuant to 
Sec. 73.3542) to operate with the proposed facilities may be submitted; 
where appropriate, such temporary authorization can be granted.

[ 43 FR 39716 , Sept. 6, 1978, as amended at  44 FR 48226 , Aug. 17, 1979; 
 47 FR 28388 , June 30, 1982;  50 FR 8326 , Mar. 1, 1985]