§  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 the application filing.

   (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. 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) Tie breaker 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) Tie breaker 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) Tie breaker 3. If a tie remains after the tie breaker in paragraph
   (c)(2) of this section, the tentative selectee will be the remaining
   applicant that can demonstrate that:

   (i) It applied in a previous filing window, and had its application
   accepted for filing and processed, but subsequently dismissed in favor
   of an applicant with superior points or a tie-breaker showing;

   (ii) It has been in continuous existence at all times from the date of
   that previous filing until the present; and

   (iii) It does not hold any NCE construction permit or license.

   (4) Voluntary time-sharing. If a tie remains after the tie breaker in
   paragraph (c)(3) of this section, each of the remaining tied, mutually
   exclusive applicants will be identified as a tentative selectee and
   must electronically submit, within 90-days from the release of the
   public notice or order announcing the remaining tie, any voluntary
   time-share agreement. Voluntary time-share agreements must be in
   writing, signed by each time-share proponent, and specify the proposed
   hours of operation of each time-share proponent.

   (5) Mandatory time-sharing. If a tie among mutually exclusive
   applications is not resolved through voluntary time-sharing in
   accordance with paragraph (c)(4) of this section, the tied applications
   will be reviewed for acceptability. Applicants with tied, grantable
   applications will be eligible for equal, concurrent, non-renewable
   license terms.

   (i) If a mutually exclusive group has three or fewer tied, grantable
   applications, the Commission will simultaneously grant these
   applications, assigning an equal number of hours per week to each
   applicant. The Commission will require each applicant subject to
   mandatory time-sharing to simultaneously and confidentially submit
   their preferred time slots to the Commission. If there are only two
   tied, grantable applications, the applicants must select between the
   following 12-hour time slots: 3 a.m.-2:59 p.m., or 3 p.m.-2:59 a.m. If
   there are three tied, grantable applications, each applicant must rank
   their preference for the following 8-hour time slots: 2 a.m.-9:59 a.m.,
   10 a.m.-5:59 p.m., and 6 p.m.-1:59 a.m. The Commission will require the
   applicants to certify that they did not collude with any other
   applicants in the selection of time slots. The Commission will give
   preference to the applicant that has been local, as defined in
   § 73.7000, for the longest uninterrupted period of time. In the event an
   applicant neglects to designate its preferred time slots, staff will
   select a time slot for that applicant.

   (ii) Groups of more than three tied, grantable applications will not be
   eligible for licensing under this section. Where such groups exist, the
   Commission will dismiss all but the applications of the three
   applicants that have been local, as defined in § 73.7000, for the
   longest uninterrupted periods of time. The Commission will then process
   the remaining applications as set forth in paragraph (c)(4)(i) of this
   section.

   (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;
    85 FR 7891 , Feb. 12, 2020]