Sec. 73.702  Assignment and use of frequencies.

    (a) Frequencies will be assigned by the Commission prior to the 
start of each season to authorized international broadcasting stations 
for use during the season at specified hours and for transmission to 
specified zones or areas of reception, with specified power and antenna 
bearing. Six months prior to the start of each season, licensees and 
permittees shall by informal written request, submitted to the 
Commission in triplicate, indicate for the season the frequency or 
frequencies desired for transmission to each zone or area of reception 
specified in the license or permit, the specific hours during which it 
desires to transmit to such zones or areas on each frequency, and the 
power, antenna gain, and antenna bearing it desires to use. Requests 
will be honored to the extent that interference and propagation 
conditions permit and that they are otherwise in accordance with the 
provisions of this section.
    (b) After necessary processing of the requests required by paragraph 
(a) of this section, the Commission will notify each licensee and 
permittee of the frequencies, hours of use thereof to specified zones or 
areas of reception, power, and antenna bearing which it

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intends to authorize for the season in question. After receipt of such 
notification, the licensee or permittee shall, in writing, not later 
than two months before the start of the season in question, inform the 
Commission either that it plans to operate in accordance with the 
authorization which the Commission intends to issue, or that it plans to 
operate in another manner. If the licensee or permittee indicates that 
it plans to operate in another manner, it shall furnish explanatory 
details.
    (c) If after submitting the request required under the provisions of 
paragraph (a) of this section, but before receipt of the Commission's 
notification referred to in paragraph (b) of this section, the licensee 
or permittee submits a request for changes of its original request, such 
requests will be accepted for consideration only if accompanied by 
statements showing good cause therefor and will be honored only if 
conditions permit. If the information required to be submitted by the 
licensee or permittee under the provisions of paragraph (b) of this 
section indicates that operation in another manner is contemplated, and 
the explanatory details contain a request for change in the originally 
proposed manner of operation, such requests will be accepted for 
consideration only if accompanied by statements showing good cause 
therefor and will be honored only if conditions permit. If after the 
licensee or permittee submits the information required under the 
provisions of paragraph (b) of this section, but before the start of the 
season in question, the licensee or permittee submits a request for 
changes in its manner of operation for the season in question, the 
request will be accepted for consideration only if accompanied by 
statements showing good cause therefor and will be honored only if 
conditions permit. If after the start of a season the licensee or 
permittee submits a request for changes in the manner of operation as 
authorized, the request will be considered only if accompanied by 
statements showing good cause therefor, and will be honored only if 
conditions permit.
    (d) The provisions of paragraphs (a), (b), and (c) of the section 
shall apply to licensees, to permittees operating under program test 
authority, and to permittees who anticipate applying for and receiving 
program test authority for operation during the specified season.

    Note: Permittees who during the process of construction wish to 
engage in equipment tests shall by informal written request, submitted 
to the Commission in triplicate not less than 30 days before they desire 
to begin such testing, indicate the frequencies they desire to use for 
testing and the hours they desire to use those frequencies. No equipment 
testing shall occur until the Commission has authorized frequencies and 
hours for such testing. Such authorizations shall be only for one 
season, and if it is desired to continue equipment testing in a 
following season, new requests for frequencies and hours must be 
submitted at least 30 days before it is desired to begin testing in the 
following season.

    (e) Within 14 days after the end of each season, a report shall be 
filed with the Commission by each licensee or permittee operating under 
program test authority who has been issued a seasonal schedule for that 
season. The report shall state whether the licensee or permittee has 
operated the number of frequency-hours authorized by the seasonal 
schedule to each of the zones or areas of reception specified in the 
schedule. If such operation has not occurred, a detailed explanation of 
that fact shall also be submitted which includes specific dates, 
frequency-hours not used, and reasons for the failure to operate as 
authorized. The report shall also contain information that has been 
received by the licensee or permittee as to reception or interference, 
and conclusions with regard to propagation characteristics of 
frequencies that were assigned for the season in question.
    (f) Frequencies assigned by the FCC shall be within the following 
bands which are allocated exclusively to the international broadcast 
service;
    (1) 5,950-6,200 kHz; 9,500-9,775 kHz; 11,700-11,975 kHz; 15,100-
15,450 kHz; 17,700-17,900 kHz; 21,450-21,750 kHz; 25,600-26,100 kHz.
    (2) In addition, the following band is allocated exclusively to the 
international broadcast service in Region 3:
    7,100-7,300 kHz. Assignments in this frequency band will be limited 
to international broadcast stations located in the area designated as 
Region 3 by No.

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395 of the International Radio Regulations and authorized only to 
transmit to zones and areas of reception situated outside Region 2 as 
defined in No. 394 of the International Radio Regulations. In addition, 
during the hours of 0800-1600 UTC (Coordinated Universal Time) antenna 
gain with reference to an isotropic radiator in any easterly direction 
that would intersect any area in Region 2 shall not exceed 2.15 dBi, 
except in the case where a transmitter power of less than 100 kW is 
used. In this case, antenna gain on restricted azimuths shall not exceed 
that which is determined in accordance with equation below. Stations 
desiring to operate in this band must submit sufficient antenna 
performance information to ensure compliance with these restrictions. 
Permitted Gain for Transmitter powers less than 100 kW:
[GRAPHIC] [TIFF OMITTED] TC13NO91.022

Where:

Gi=maximum gain permitted with reference to an isotropic radiator.
Pa=Transmitter power employed in kW.

    (3) The carrier frequencies assignable shall begin 5 kHz above the 
frequency specified above for the beginning of each band and shall be in 
sucessive steps of 5 kHz to and including 5 kHz below the frequency 
specified as the end of each band.
    (g) Frequencies requested for assignment must be as near as 
practicable to the optimum working frequency (unless otherwise 
justified) for the zone or area of reception for the period and path of 
transmission, and should be chosen so that a given frequency will 
provide the largest period of reliable transmission to the selected zone 
or area of reception. Moreover, at the zone or area of reception 
frequencies shall provide protection to the transmissions of other 
broadcasting stations which, in the opinion of the Commission, have 
priority of assignment.

    Note 1: Requests for frequency-hours shall be accompanied by all 
pertinent technical data with reference to the frequencies and hours of 
operation, including calculated field strengths delivered to the zones 
or areas of reception.
    Note 2: It is preferable that calculated field strengths delivered 
to zones or areas of reception be equal to or greater than those 
required by I.F.R.B. Technical Standards, Series A (and supplements 
thereto), in order for the I.F.R.B. to afford the notified assignment 
protection from interference. Nevertheless, calculated field strengths 
less than those required by the I.F.R.B. standards for protection will 
be acceptable to the Commission. However, licensees should note that if 
such lesser field strengths are submitted no protection from 
interference will be provided by the I.F.R.B. if their technical 
examination of such notifications show incompatibilities with other 
notified assignments fully complying with I.F.R.B. technical standards.
    Note 3: Licensees are permitted to engage in multiple operation as 
defined in Sec. 73.701(d).
    Note 4: Seasonal requests for frequency-hours will be only for 
transmissions to zones or areas of reception specified in the basic 
instrument of authorization. Changes in such zones or areas will be made 
only on separate application for modification of such instruments.

    (h) Not more than one frequency will be assigned for use at any one 
time for any one program transmission except in instances where a 
program is intended for reception in more than one zone or area of 
reception and the intended zones or areas cannot be served by a single 
frequency: Provided, however, That on a showing of good cause a licensee 
may be authorized to operate on more than one frequency at any one time 
to transmit any one program to a single zone or area of reception.
    (i) Any frequency assigned to a licensee or permittee shall also be 
available for assignment to other licensees or permittees.
    (j) All assignments of frequencies and the hours during which they 
will be used will be made with the express understanding that they are 
subject to immediate cancellation or change without hearing whenever the 
Commission determines that interference or propagation conditions so 
require and that each frequency-hour assignment for a given seasonal 
schedule is unique unto itself and not necessarily available for use 
during a subsequent season.
    (k) The total maximum number of frequency-hours which will be 
authorized to all licensees of international broadcasting stations 
during any one day for any season is 100. The number

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of frequency-hours allocated to any licensee will depend on past usage, 
availability, and need. If for a forthcoming season the total of the 
requests for daily frequency-hours of all licensees exceeds 100, all 
licensees will be notified and each licensee that makes an adequate 
showing that good cause exists for not having its requested number of 
frequency-hours reduced and that operation of its station without such 
reduction would be consistent with the public interest may be authorized 
the frequency-hours requested.

    Note: The provisions of this paragraph are not to be construed to 
mean that a total of 100 (or more) frequency-hours per day is assured 
licensees. Frequency-hours will only be assigned to the extent that they 
are available. It is the responsibility of each licensee to make all 
technical studies to show that frequency-hours requested by it are 
available and suitable for use as proposed.


[ 38 FR 18892 , July 16, 1973, as amended at  51 FR 9965 , Mar. 24, 1986]