Goto Section: 73.6029 | 73.7001 | Table of Contents
Revised as of November 23, 2020
Goto Year:2020 |
§ 73.7000 Definition of terms (as used in subpart K only).
Attributable interest. An interest of an applicant, its parent,
subsidiaries, their officers, and members of their governing boards
that would be cognizable under the standards in the notes to § 73.3555.
Also an interest of an entity providing more than 33 percent of an
applicant's equity and/or debt that also either (1) supplies more than
15% of the station's weekly programming, or (2) has an attributable
interest pursuant to § 73.3555 in media in the same market.
Established local applicant. An applicant that has, for at least the
two years (24 months) immediately preceding application, met the
definition of local applicant.
Local applicant. An applicant physically headquartered, having a
campus, or having 75% of board members residing within 25 miles of the
reference coordinates for the community to be served, or a governmental
entity within its area of jurisdiction.
Near reservation lands. Those areas or communities adjacent or
contiguous to reservation or other Trust lands which are designated by
the Department of Interior's Commission of Indian Affairs upon
recommendation of the Local Bureau of Indian Affairs Superintendent,
which recommendation shall be based upon consultation with the tribal
governing body of those reservations, as locales appropriate for the
extension of financial assistance and/or social services on the basis
of such general criteria as: Number of Indian people native to the
reservation residing in the area; a written designation by the tribal
governing body that members of their tribe and family members who are
Indian residing in the area, are socially, culturally and economically
affiliated with their tribe and reservation; geographical proximity of
the area to the reservation and administrative feasibility of providing
an adequate level of services to the area.
Nonreserved (Unreserved) channels. Channels which are not reserved
exclusively for noncommercial educational use, and for which commercial
entities could thus be eligible to operate full power stations. Such
channels appear without an asterisk designation in the FM Table of
Allotments (§ 73.202) and TV Table of Allotments (§ 73.606). In the event
of a request to allocate a nonreserved channel as reserved pursuant to
§ 73.202(a) or § 73.606(a), the channel remains classified as nonreserved
until release of a Commission decision granting such request.
On-air operations. Broadcast of program material to the public pursuant
to Commission authority, generally beginning with program test
authority, for periods of time that meet any required minimum operating
schedule, e.g., § 73.561(a).
Population. The number of people calculated using the most recent
census block data provided by the United States Census Bureau.
Reservations. Any federally recognized Indian tribe's reservation,
pueblo or colony, including former reservations in Oklahoma, Alaska
Native regions established pursuant to the Alaska Native Claims
Settlements Act (85 Stat. 688) and Indian allotments, for which a Tribe
exercises regulatory jurisdiction.
Reserved channels. Channels reserved exclusively for noncommercial
educational use, whether by the portion of the spectrum in which they
are located (i.e. FM channels 200 to 220) or by a case-by-case
Commission allotment decision (channels that appear with an asterisk
designation in the FM Table of Allotments (§ 73.202) or TV Table of
Allotments (§ 73.606)).
Tribe. Any Indian or Alaska Native tribe, band, nation, pueblo, village
or community which is acknowledged by the federal government to
constitute a government-to-government relationship with the United
States and eligible for the programs and services established by the
United States for Indians. See The Federally Recognized Indian Tribe
List Act of 1994 (Indian Tribe Act), Public Law 103-454. 108 Stat. 4791
(1994) (the Secretary of the Interior is required to publish in the
Federal Register an annual list of all Indian Tribes which the
Secretary recognizes to be eligible for the special programs and
services provided by the United States to Indians because of their
status as Indians).
Tribal applicant. (1) A Tribe or consortium of Tribes, or
(2) An entity that is 51 percent or more owned or controlled by a Tribe
or Tribes that occupy Tribal Lands that receive Tribal Coverage.
Tribal coverage. (1) Coverage of a Tribal Applicant's or Tribal
Applicants' Tribal Lands by at least 50 percent of a facility's 60 dBu
(1 mV/m) contour, or
(2) The facility's 60 dBu (1 mV/m) contour—
(i) Covers 50 percent or more of a Tribal Applicant's or Tribal
Applicants' Tribal Lands,
(ii) Serves at least 2,000 people living on Tribal Lands, and
(iii) The total population on Tribal Lands residing within the
station's service contour constitutes at least 50 percent of the total
covered population. In neither paragraphs (1) nor (2) of this
definition may the applicant claim the priority if the proposed
principal community contour would cover more than 50 percent of the
Tribal Lands of a non-applicant Tribe. To the extent that Tribal Lands
include fee lands not owned by Tribes or members of Tribes, the outer
boundaries of such lands shall delineate the coverage area, with no
deduction of area for fee lands not owned by Tribes or members of
Tribal lands. Both Reservations and Near reservation lands. This
definition includes American Indian Reservations and Trust Lands,
Tribal Jurisdiction Statistical Areas, Tribal Designated Statistical
Areas, Hawaiian Homelands, and Alaska Native Village Statistical Areas,
as well as the communities situated on such lands.
[ 65 FR 36380 , June 8, 2000, as amended at 66 FR 15356 , Mar. 19, 2001;
75 FR 9807 , Mar. 4, 2010; 76 FR 18953 , Apr. 6, 2011]
Goto Section: 73.6029 | 73.7001
Goto Year: 2020 |
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