Can a Part 73 CP holder qualify for a Part 74 RPU license?

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rbhines
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Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by rbhines » Sat Feb 28, 2015 1:27 pm

The subject line says it all. I know this is a legal-beagle kind of question, but I thought perhaps some intrepid member of this forum might have actually tracked this down once upon a time and could enlighten.

Part 74 RPU licenses for broadcast must relate to a Part 73 station license, but no mention is made for holders of construction permits, who by definition of the grant is a permittee, not a licensee, yes? You'd think somewhere in Title 47 there would be a definition of what constitutes a "licensee" vs. "permittee" and the rights/privileges thereof, but I've yet found one. So, what are they? If there's not a difference, then wouldn't the grant be a construction license, not a permit?

Yeah, I know, and I apologize upfront. This is the kind of thing that happens when you're snowbound and have cabin fever in the Midwest. :shock:

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Dale H. Cook
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Re: Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by Dale H. Cook » Sat Feb 28, 2015 1:43 pm

If the piece of paper that you got from the Commission says "Construction Permit" you are a permittee. If it says "Broadcast Station License" you are a licensee.
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Re: Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by TPT » Sat Feb 28, 2015 6:42 pm

Good luck getting it coordinated, unless you pay one of the folks who do the 950 coordination. SBE coordinators are scarce in some areas.

rbhines
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Re: Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by rbhines » Sun Mar 01, 2015 9:55 pm

Dale H. Cook wrote:If the piece of paper that you got from the Commission says "Construction Permit" you are a permittee. If it says "Broadcast Station License" you are a licensee.
Thanks, Dale. The other turnips and I on the truck weren't sure. :roll:

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Deep Thought
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Re: Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by Deep Thought » Mon Mar 02, 2015 12:30 am

You're not a licensee until they issue the initial covering license for a station following construction. Until that happens you are not eligible to hold a Part 74 license. A formal definition of "licensee" is not in the Rules, but is fairly unambiguous once you have a station license issued to you.
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Re: Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by w9wi » Mon Mar 02, 2015 6:28 am

Strictly a rhetorical question, but...

How are you supposed to comply with the minimum operating schedule in 73.1740 when you can't file for your STL until your license-to-cover is issued? Have to feed it over a phone line or stick a MP3 player at the transmitter? Or run the proof, file the license-to-cover, and then immediately file for silent authority until the STL gets approved?

Looks like it takes about 7-14 days for a FM license-to-cover to be granted. I'm gathering the coordination & licensing process for a STL is a LOT slower.

(grateful our transmitter is about 600m from the studio & fed by fiber...)
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Re: Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by TPT » Mon Mar 02, 2015 6:48 am

Dale is right. STL's are part 74 licenses, as are RPU licenses. For a brand new station you are expected to have the station built and ready for programming when you apply for the license to cover the construction permit. Hence in addition to constructing the transmitter plant the Commission expects that you will construct any necessary studio facilities at the same time.

Furthermore, once the new station (transmitter plant and studios) are built, the Commission allows you to begin programming under "automatic program test authority"--see 73.1620. The exceptions are new AM or FM directional stations, which have to wait for a while after filing their 302 before they can begin programming.

So.... This means that you will need to coordinate the STL path during the construction period and apply for the STL license before the license is granted. Hence, by implications, the part 73 permittee qualifies the permittee to hold a Part 74 STL license.

That being the case, there is no reason the Part 73 permittee could not also apply for a Part 74 RPU license. For one thing, although not common anymore, remote control systems can use 450/455 frequencies for return data links from the transmitter. More to the point, if you have program test authority under the CP, there would no reason to deny a station the ability to do remote broadcasting using a remote pickup licensed under Part 74.

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Re: Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by Deep Thought » Mon Mar 02, 2015 8:54 am

Hey, I didn't say it made sense. :mrgreen:

Yes you can file for STL/RPU prior to your part 73 license being granted. It's sort of an unofficial PTA for part 74. However, the part 74 license is tied to the part 73 license, which means you have to have the latter to have the former (unless, of course, you qualify as a network, etc.).
§74.15 Station license period.

(b) Licenses for stations or systems in the Auxiliary Broadcast Service held by a licensee of a broadcast station will be issued for a period running concurrently with the license of the associated broadcast station with which it is licensed. Licenses held by eligible networks for the purpose of providing program service to affiliated stations under subpart D of this part, and by eligible networks, cable television operators, motion picture producers and television program producers under subpart H of this part will be issued for a period running concurrently with the normal licensing period for broadcast stations located in the same area of operation. Licenses held by large venue owners or operators and professional sound companies under subpart H of this part will be issued for a period not to exceed ten years from the date of initial issuance or renewal.

(f) The license of an FM translator or FM broadcast booster, TV translator or TV broadcast booster, or low power TV station will expire as a matter of law upon failure to transmit broadcast signals for any consecutive 12-month period notwithstanding any provision, term, or condition of the license to the contrary. Further, if the license of any AM, FM, or TV broadcasting station licensed under part 73 of this chapter expires for failure to transmit signals for any consecutive 12-month period, the licensee's authorizations under part 74, subparts D, E, F, and H in connection with the operation of that AM, FM, or TV broadcasting station will also expire notwithstanding any provision, term, or condition to the contrary.
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KPJL FM
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Re: Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by KPJL FM » Mon Mar 02, 2015 10:48 am

Cart meet Horse? :lol:
Ah, legalese and the bureaucracy.
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Re: Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by TPT » Mon Mar 02, 2015 8:39 pm

So.. you apply for an STL license, and an RPU license, then file your 302 for a new station.

The STL and RPU licenses then run concurrently with the main station license.

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Re: Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by rbhines » Wed Mar 11, 2015 11:33 am

TPT wrote:So.. you apply for an STL license, and an RPU license, then file your 302 for a new station.

The STL and RPU licenses then run concurrently with the main station license.
I posted the original query, and after more reading of the rules, and from what I've gleaned here from this forum, I should think it's possible that concurrently with or slightly after a 302 application (an hour, a day?), a CP holder might file Part 74 apps, and be within the letter and meaning of the rules. The moment the 302 is granted, the station is licensed, and the Part 74 applications become valid... but only after the 302 is granted.

That's just my guess.

Thanks, all.

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Re: Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by TPT » Wed Mar 11, 2015 7:57 pm

NO.
You must go through the prior coordination process for the STL (and RPU, theoretically, assuming you can find a coordinator).
Once that is complete (and assuming no objections) you may file for the STL license (and RPU license for that matter) before filing for the 302 to cover the broadcast station CP. This should be done during the period allowed for the Part 73 construction permit in order that the subsidiary services are licensed before one begins to operate under the automatic program test authority permitted under the rules.

As long as the underlying Part 73 construction permit remains active you can consider the term "licensee" interchangeable with "permittee."

Again, the rationale is that the (part 73) construction permit encompasses those (part 74) subsidiary services needed to make the station ready for operation. Once the license(s) for the Part 74 services are granted for the associated broadcast facility number identified in the construction permit, they remain valid after the 302 application is granted to "cover" the construction permit. They continue to remain valid until such time that the underlying broadcast license expires (e.g.--at the end of the normal license term) At that point, of course, the broadcast license can be renewed which automatically renews the part 74 licenses.

If for some reason the underlying broadcast station construction permit expires without the station being built, any part 74 licenses granted during the construction permit would also expire, as they are tied to the facility identified in the CP.

TPT--who doesn't play an attorney on TV, but who is one in real life.

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Re: Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by jammerdave » Thu Mar 12, 2015 8:17 am

Part 74 950 STL's are coordinated through Part 101 coordinators these days. In other words, you're gonna have to find one of the "pro" services for that. 450 is still with the local part 74 coordinator, if you have one. I am the Sacramento region <2 GHz guy (other than 950).

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Re: Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by TPT » Thu Mar 12, 2015 11:53 am

I use Terrestrial RF (Tulsa) for STL channel coordination. There used to be an SBE coordinator for RPU in my area, but he's gone now.

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Re: Can a Part 73 CP holder qualify for a Part 74 RPU license?

Post by radio_guru » Tue Mar 24, 2015 6:45 pm

950 now officially follows Part 101 Coordination procedures. SBE coordinators were ousted about 10 years ago from this band. Applicants MUST follow the PCN procedures which requires mailed notifications to all surrounding co-channel and 1st adjacent licensees and permittees out to 150 miles. There are a number of coordination service providers out there who do this. Expect to spend about $500 for a single STL path and file the FCC Form 601.

What the FCC has done in Part 74 is create a quasi CP condition for any party who files a tenderable application. If the application is filed and accepted by the FCC, the applicant is automatically conveyed CP status. This is the same as in Part 90. The applicant then has 12 months to build and license their facility.

If you have a Part 73 CP, there is long standing precedent to apply for Part 74 facilities before the associated 302 is filed. How else would a station go on the air for program test? Form 601 references the facility ID of the parent station. Complete the 601 with that number and you should be good to go.

RG

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