The provisions of this section apply to all applications for construction permits for new or modified facilities for a noncommercial educational FM translator station on Channels 201-220, unless the application is accompanied by a written agreement between the NCE-FM translator applicant and each affected TV Channel 6 broadcast station licensee or permittee concurring with the proposed NCE-FM translator facility.

1. (a) An application for a construction permit for new or modified facilities for a noncommercial educational FM translator station operating on Channels 201-220 must include a showing that demonstrates compliance with paragraph (b), (c) or (d) of this section if it is within the following distances of a TV broadcast station which is authorized to operate on Channel 6.

   FM Channel	Distance (kilometers)
   201	148
   202	146
   203	143
   204	141
   205	140
   206	137
   207	135
   208	135
   209	135
   210	135
   211	135
   212	135
   213	135
   214	134
   215	134
   216	133
   217	133
   218	132
   219	132
   220	131

2. (b) Collocated stations. An application for a noncommercial educational FM translator station operating on Channels 201-220 and located at 0.4 kilometer (approximately 0.25 mile) or less from a TV Channel 6 station will be accepted if it includes a certification that the applicant has coordinated its antenna with the affected TV station.

3. (c) Contour overlap. Except as provided in paragraph (b) of this section, an application for a noncommercial educational FM translator station operating on Channels 201-220 will not be accepted if the proposed operation would involve overlap of its interference field strength contour with any TV Channel 6 station's Grade B contour, as set forth below.

   1. (1) The distances to the TV Channel 6 station Grade B (47 dBu) field strength contour will be predicted according to the procedures specified in § 73.684 of this chapter, using the F(50,50) curves in § 73.699, Figure 9 of this chapter.
   2. (2) The distances to the applicable noncommercial educational FM translator interference contour will be predicted according to the procedures specified in § 74.1204(b) of this part.

   3. (3) The applicable noncommercial educational FM translator interference contours are as follows:

      FM channel	Interference Contour F(50,10) curves (dBu)
      201	54
      202	56
      203	59
      204	62
      205	64
      206	69
      207	73
      208	73
      209	73
      210	73
      211	73
      212	74
      213	75
      214	77
      215	78
      216	80
      217	81
      218	85
      219	88
      220	90

4. (d) FM translator stations authorized prior to June 1, 1991 with facilities that do not comply with the predicted interference protection provisions of this section, may continue to operate, provided that operation is in conformance with § 74.1203 regarding actual interference. Applications for major changes in FM translator stations must specify facilities that comply with the provisions of this section.

[55 FR 50695, Dec. 10, 1990, as amended at 58 FR 42025, Aug. 6, 1993]