Goto Section: 73.3701 | 73.3801 | Table of Contents
Revised as of November 23, 2020
Goto Year:2020 |
§ 73.3800 Full power television channel sharing outside the incentive
(a) Eligibility. Subject to the provisions of this section, a full
power television station with an auction-related Channel Sharing
Agreement (CSA) may voluntarily seek Commission approval to relinquish
its channel to share a single six megahertz channel with a full power,
Class A, low power, or TV translator television station. An
auction-related CSA is a CSA filed with and approved by the Commission
pursuant to § 73.3700(b)(1)(vii).
(b) Licensing of channel sharing stations. (1) Each station sharing a
single channel pursuant to this section shall continue to be licensed
and operated separately, have its own call sign, and be separately
subject to all applicable Commission obligations, rules, and policies.
(2) A full power television channel sharing station relinquishing its
channel must file an application for a construction permit (FCC Form
2100), include a copy of the CSA as an exhibit, and cross reference the
other sharing station(s). Any engineering changes necessitated by the
CSA may be included in the station's application. Upon initiation of
shared operations, the station relinquishing its channel must notify
the Commission that it has terminated operation pursuant to § 73.1750
and each sharing station must file an application for license (FCC Form
(c) Channel sharing between full power television stations and Class A,
Low power television, or TV translator stations. (1) A full power
television sharee station (defined as a station relinquishing a channel
in order to share) that is a party to a CSA with a Class A sharer
station (defined as the station hosting a sharee pursuant to a CSA)
must comply with the rules governing power levels and interference
applicable to Class A stations, and must comply in all other respects
with the rules and policies applicable to full power television
stations set forth in this part.
(2) A full power television sharee station that is a party to a CSA
with a low power television or TV translator sharer station must comply
with the rules of part 74 of this chapter governing power levels and
interference applicable to low power television or TV translator
stations, and must comply in all other respects with the rules and
policies applicable to full power television stations set forth in this
(d) Channel sharing between commercial and noncommercial educational
television stations. (1) A CSA may be executed between commercial and
NCE broadcast television station licensees.
(2) The licensee of an NCE station operating on a reserved channel
under § 73.621 that becomes a party to a CSA, either as a channel sharee
station or as a channel sharer station, will retain its NCE status and
must continue to comply with § 73.621.
(3) If the licensee of an NCE station operating on a reserved channel
under § 73.621 becomes a party to a CSA, either as a channel sharee
station or as a channel sharer station, the portion of the shared
television channel on which the NCE station operates shall be reserved
for NCE-only use.
(4) The licensee of an NCE station operating on a reserved channel
under § 73.621 that becomes a party to a CSA may assign or transfer its
shared license only to an entity qualified under § 73.621 as an NCE
(e) Deadline for implementing CSAs. CSAs submitted pursuant to this
section must be implemented within three years of the grant of the
channel sharing construction permit.
(f) Channel sharing agreements (CSAs). (1) CSAs submitted under this
section must contain provisions outlining each licensee's rights and
(i) Access to facilities, including whether each licensee will have
unrestrained access to the shared transmission facilities;
(ii) Allocation of bandwidth within the shared channel;
(iii) Operation, maintenance, repair, and modification of facilities,
including a list of all relevant equipment, a description of each
party's financial obligations, and any relevant notice provisions; and
(iv) Transfer/assignment of a shared license, including the ability of
a new licensee to assume the existing CSA; and
(v) Termination of the license of a party to the CSA, including
reversion of spectrum usage rights to the remaining parties to the CSA.
(2) CSAs must include provisions:
(i) Affirming compliance with the channel sharing requirements in this
section and all relevant Commission rules and policies; and
(ii) Requiring that each channel sharing licensee shall retain spectrum
usage rights adequate to ensure a sufficient amount of the shared
channel capacity to allow it to provide at least one Standard
Definition program stream at all times.
(g) Termination and assignment/transfer of shared channel. (1) Upon
termination of the license of a party to a CSA, the spectrum usage
rights covered by that license may revert to the remaining parties to
the CSA. Such reversion shall be governed by the terms of the CSA in
accordance with paragraph (f)(1)(v) of this section. If upon
termination of the license of a party to a CSA only one party to the
CSA remains, the remaining licensee may file an application for license
to change its status to non-shared.
(2) If the rights under a CSA are transferred or assigned, the assignee
or the transferee must comply with the terms of the CSA in accordance
with paragraph (f)(1)(iv) of this section. If the transferee or
assignee and the licensees of the remaining channel sharing station or
stations agree to amend the terms of the existing CSA, the agreement
may be amended, subject to Commission approval.
(h) Notice to MVPDs. (1) Stations participating in channel sharing
agreements must provide notice to MVPDs that:
(i) No longer will be required to carry the station because of the
relocation of the station;
(ii) Currently carry and will continue to be obligated to carry a
station that will change channels; or
(iii) Will become obligated to carry the station due to a channel
(2) The notice required by this section must contain the following
(i) Date and time of any channel changes;
(ii) The channel occupied by the station before and after
implementation of the CSA;
(iii) Modification, if any, to antenna position, location, or power
(iv) Stream identification information; and
(v) Engineering staff contact information.
(3) Should any of the information in paragraph (h)(2) of this section
change, an amended notification must be sent.
(4) Sharee stations must provide notice as required by this section at
least 90 days prior to terminating operations on the sharee's channel.
Sharer stations and sharee stations must provide notice as required by
this section at least 90 days prior to initiation of operations on the
sharer channel. Should the anticipated date to either cease operations
or commence channel sharing operations change, the stations must send a
further notice to affected MVPDs informing them of the new anticipated
(5) Notifications provided to cable systems pursuant to this section
must be either mailed to the system's official address of record
provided in the cable system's most recent filing in the FCC's Cable
Operations and Licensing System (COALS) Form 322, or emailed to the
system if the system has provided an email address. For all other
MVPDs, the letter must be addressed to the official corporate address
registered with their State of incorporation.
[ 82 FR 18249 , Apr. 18, 2017]
Goto Section: 73.3701 | 73.3801
Goto Year: 2020 |
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