A license is a document formally vesting authority to operate the
machinery of broadcasting in a specified manner, as detailed below.
Broadcast is the deliberate generation of radio signals in such
a manner that the successful reception of other radio signals by
others at a distance of 1000 feet or greater over an arc span of
greater than 30 degrees, or greater than 5000 feet over an arc span of
greater than 10 degrees, or greater than 20000 feet over any arc span,
is rendered impossible or is distinctly hampered or complicated by
dint of interference. Furthermore, broadcast does not involve two-way
communications wherein two or more parties use similar apparatuses to
send and receive. Except when specifically noted, in this section the
term "broadcast" refers to either terrestrial or satellite broadcast.
A particular broadcast is principally characterized by the
configuration and characteristics of the transmitting antenna system
(chiefly, its polarization and directionality) and by the power
distribution (versus frequency) of the signal introduced to the
antenna system. From these fundamental parameters, and detailed
knowledge of the relevant terrain, the range of the broadcast is
A licensee is the individual or incorporated entity that controls,
through ownership or a lease/loan or other contractual arrangement,
the machinery of broadcasting used in compliance with a particular
license. A licensee must have total, legally documented, and
immediate control over the operation and content of broadcasts
generated with this machinery. A licensee is responsible for the
compliant operation of the machinery, and can be penalized for
A band is a contiguous range of frequencies whose propagational
charactistics, permitted encoding and allocation schemes, and usage
policy, are alike.
A channel is a set of frequencies, often a contiguous range, within a
particular band, for which a license is granted. If the channel
consists of a non-contiguous set of frequencies, the manner in which
the constituent frequencies are occupied can be specified by law, but
only to reduce interference. A channel is the granularity of
allocation for a band.
A cochannel relationship is one in which two channel sites operate in
the same channel.
An adjacent channel relationship is one in which two channel sites
operate in channels that are immediately adjacent to each other.
A channel site is a particular transmission apparatus at a particular
location configured for transmission with a particular power
distribution, directionality, and polarization. A channel site need
not be licensed, or transmitting, to be described as a channel site.
A contour is a set of lines along the surface of the earth, typically
approximating a circumnavigation of a transmitting antenna system,
along which the detected signal strength received from a channel site
is equal for a given polarization. A particular contour associated
with a particular channel site roughly approximates a circumferential
boundary, but usually includes regions within the circumference with
signal strength less than that at the circumferential boundary, and
regions beyond the circumference with signal strength greater than
that at the circumferential boundary, which appear in a contour as
holes and islands, respectively.
The primary region of a channel site is the set of regions within
which the transmissions from that channel site can be received
successfully, with minimal distracting noise, distortion, or in a
digital broadcast system, unrecoverable errors, by a typical, properly
configured receiving system.
The primary contour of a channel site is the set of boundaries of its
The protected region of a channel site is the set of regions within
which no interfering signals are permitted to be introduced that are
sufficient to render impossible, even with special technical attention
and equipment on the part of the receiving party, reception of the
transmissions from that channel site with minimal distracting noise,
distortion, or in a digital broadcast system, unrecoverable errors.
Channel sites within a particular band can have defined multiple
protected regions; specifically, a cochannel region and an adjacent
channel region can be defined, with the cochannel region fully
containing the adjacent channel region. The protected or cochannel
region for a channel site entirely contains the primary region for
that channel site.
The protected contour of a channel site is the set of boundaries of
its protected region. The cochannel contour is the set of boundaries
of its cochannel region. The adjacent channel contour is the set of
boundaries of its adjacent channel region.
The average protected contour radius of a channel site is the average
radius of the innermost circumferential boundary of the protected or
cochannel contour of that channel site.
A channel sample is a particular location which falls within the
protected region of a licensed or licensable broadcast channel site
for a particular channel. The channel need not be in any way occupied
by transmissions detectable or receivable at the particular location
for the concept of the channel sample to have meaning at that location
A band sample is a set of channel samples of equal location, spanning
the full range of channels within a particular band.
A band restriction constrains a band to a particular pattern of
licensing restrictions. The simultaneously licensed and licensable
channel sites within all of whose protected regions a band sample
falls must, taken as a set, be operated or operable under licenses
which, taken as a set, satisfy the constraint imposed by the
A license schedule is an arbitrary combination of half-hours which
begin and end on half-hour boundaries, enumerating the times when a
license authorizes and requires broadcasting. A timeslot is a
contiguous series of such half-hours which is preceded and followed by
half-hours not included in the license schedule. A timeslot segment
is a half-hour within a particular timeslot. A licensee is required
to broadcast for the duration of each timeslot, starting broadcast
within +/-60 seconds of the designated start time and ending broadcast
within -60/+30 seconds of the designated end time.
A protected region overlap is a region in which the cochannel or
protected regions of two channel sites with a cochannel relationship
overlap, or in which the adjacent channel region of one channel site
and the primary region of another channel site with an adjacent
channel relationship, overlap. No license can be granted such that a
protected region overlap exists involving channel sites with
overlapping license schedules. If the license schedules of two
licenses are related such that the associated channel sites have a
protected region overlap, then any time their license schedules are
such that one channel site is active in the timeslot immediately
before the other, broadcasting by the inactive channel site should
begin with as little delay as possible following deactivation of the
other channel site, though a licensee cannot in general be required to
do this or be penalized for not doing it.
License time is the amount of broadcasting time authorized by a
license schedule, used in comparisons or over a particular interval.
Band sample time is the license time corresponding to a band sample,
and includes all broadcast time both licensed and licensable which is
a component of the band sample.
A candidate channel site is a channel site that is compliant with all
technical requirements for broadcasting, and for at least 30 minutes
every two weeks, has no protected region overlaps with simultaneously
active channel sites.
A candidate license schedule is any license schedule on which a
candidate channel site can operate without creating a protected
region overlap with a simultaneously active channel site.
A content restriction specially constrains the contents of broadcasts
performed under the license at issue, typically to non-commercial or
various degrees of non-repetitive programming.
A non-commercial use restriction to a license signifies that the
broadcasts cannot serve as an advertising arena, and broadcast content
consisting of appeals or requests for payment or services must
exclusively support the operation of facilities and generation of
programs in pursuit of the continuation and improvement of broadcast
content. No more than 2% of the aggregate broadcast time of such
licensees, computed on a yearly basis, can consist of appeals or
requests for payment or services.
The creation and maintenance of an agency is hereby mandated, whose
responsibility is to implement the policy outlined in this section.
It is the chief responsiblity of this agency to vigorously and
effectively protect licensees from interference to their signals. The
agency is furthermore required to grant licenses such that the
spectrum comprising bands is used as fully and efficiently as possible
within the constraints of existing and deployed technology, though
with a view to making spectrum available for use with novel
technologies. Particularly, the agency must work to assure that as
many licenses are granted as is technically possible and practically
All broadcasters are required to adhere to certain requirements
specified generally in this section and more specifically by law.
These requirements specify a means whereby a prospective broadcaster
with the requisite equipment and resources can easily obtain a license
to broadcast from a candidate channel site with a candidate license
schedule. Such applications must be processed and prioritized in the
No license is prerequisite for broadcasting, but a licensed operator
always preempts an unlicensed operator. An operator broadcasting
without a license must adhere to the same set of regulations that
constrain a licensed operator, except that he need not, and indeed
cannot, participate in the schedule coordination system described in
this section. Moreover, no content restrictions apply to an
unlicensed operator, aside from prohibition of speech that is contrary
to law regardless of method of delivery (i.e. by contractual
obligation, and as enumerated in
§ Criminal Incitement Prohibition, § False Incitement Prohibition,
§ Libel, § Right to Secrecy, and § State Secrets).
In the event that an application for a broadcast license would preempt
an existing unlicensed broadcaster, the unlicensed broadcaster must be
allowed at least 7 days to apply for a license thereby preventing
preemption. The responsibility to be aware of the threat of
preemption is solely that of the unlicensed broadcaster, although an
agent of the broadcast regulatory agency can at his discretion alert
the unlicensed broadcaster.
A license minimally specifies the identity and technical parameters of
the channel site, the license schedule, and any license restrictions.
The specification of the type of apparatus acceptable for a particular
broadcasting application can address only those technical aspects
wherein proper performance is requisite for successful reception, and
for the avoidance of interference to other machinery and to other
protected radio signals. No law can require that a particular
product, or one of an enumerated list of products, or class of
products characterized beyond the foregoing, be used for a particular
The content of broadcasts cannot be regulated except as set forth
generally or specifically in this document.
No more than 25% of the information conveyed in a broadcast channel
can be encrypted for access control or privacy, and the encrypted
portion must be uncorrelated with the remainder of the channel's
contents and unnecessary for enjoyment of the principal virtues of the
remainder of the broadcast.
§ Criminal Incitement Prohibition, § False Incitement Prohibition,
§ Libel, § Right to Secrecy, § State Secrets, and contractual
obligations, are of immediate and great applicability to the content
All licensed broadcasters can be required to coordinate with other
broadcasters and with the state to receive and relay brief emergency
messages publicizing dangers of weather, natural disasters, industrial
and other artificial disasters, and national security. The state
policy implementing this coordination must not require the broadcaster
to obtain by his own wherewithal receiving equipment other than that
which is required to receive his own transmissions and other
transmissions within the band and general encoding scheme within which
At least 20%, but not more than 70%, of the channels in any three-fold
frequency range starting with the range 500KHz-1500KHz and continuing
to the range 600MHz-1800MHz, must be allocated for terrestrial
broadcasting, except within ranges that are peculiarly subject to
anomolous and unpredictable propagation (hop) beyond delineated
protected contours, wherein no broadcast band can be allocated.
Allocation of broadcast bands must strive for maximal contiguity
within a range of frequencies of similar inherent bandwidth and
propagational characteristics. Bands which are regularly prone to
hopping are generally most appropriate for use in two way
communications between private individuals, and permission to use such
bands for this purpose must be easy to secure by an individual of
modest technical knowledge and skill.
At least 10%, but not more than 50%, of the channels in any three-fold
frequency range starting with the range 1GHz-3GHz and continuing to
the range 20GHz-60GHz, must be allocated for satellite broadcasting.
An application to broadcast from a candidate channel site, on a
candidate license schedule, must promptly receive a probationary
license. No fee can be charged for this license.
To gain a full license, the probationary licensee is required to
adhere without fail to the terms of the license for a period of three
months following probationary licensing. Within that period, any
avoidable and substantial deviation from scheduling, content, and
technical requirements as lawfully imposed herein and in law based
hereon, results in the levying of a sentence of punitive labor on the
licensee (or on each of the controlling parties of an incorporated
licensee), cancellation of the probationary license, and a 3 month
moratorium on new license applications by the former licensee. An
unavoidable deviation is one which is due to a natural disaster, or
one due to the criminal action of someone other than the licensee, and
cannot be penalized provided a return to regular operation is
accomplished as quickly as possible. When an unavoidable deviation
occurs, the probationary period is extended by an amount equal to the
interval of non-operation. Probationary licenses cannot be bought,
sold, or otherwise transferred.
After successful completion of a probationary licensing period, the
license is promoted to full (permanent), and can be bought, sold, or
otherwise transferred, and exercised as delineated in the terms of the
license (but in no other manner).
If a credible interference complaint is registered with the agency,
verification of proper operation is performed by an agency technician
on site. Both the complaint and the verification are to be performed
in strictest secrecy. A fee can be charged to defray the cost of
verification, with a base of an average week's wage, plus a week's
average wages for every full day that the technician is fully occupied
with the activities of verification, up to a maximum total fee of 5
week's average wages. If proper operation is verified, the
complainant is charged the fee. Else, the operator is charged, and
potentially penalized otherwise.
Any license obtained through transfer returns to probationary status
immmediately upon transfer. Any license held by an incorporated
entity returns to probationary status when more than 50% of the
directorship vote-weights have changed hands since the last promotion
of the license from probationary to full status. Probation is as for
a newly granted license, and ends three months after the transfer
except as noted above.
When multiple applications are received for conflicting licenses, a
failure to perform during the probationary period by the applicant
whose application was first approved on a probationary basis causes
the subsequently received application to be processed without further
delay and, with amendment if necessary, and only if the applicant is
still interested, granted on a probationary basis. This process
continues until a probationary licensee completes the probationary
period (at which time, conflicting licenses are cancelled and returned
without further processing).
A licensee can hold no more than one probationary license at once,
except that demotions to probationary status for infractions is the
only mechanism whereby a licensee can hold more than one probationary
license at once.
A license can be amended to reflect a modification in technical
configuration. A fee can be charged on the same basis as for a new
license, based on the modified configuration.
A license can be amended through the abandonment of any portion of the
licensed schedule starting and ending on half-hour boundaries.
Once the probationary period has been successfully completed for a new
license for a channel site for which the licensee already holds a full
license, the two licenses are combined into a single full license.
A license can be divided into two or more licenses, permitting partial
transfer of a license, by dividing its license schedule in some manner
but with starting and ending times on half hour boundaries. The
default of a probationary licensee to which one of the licenses is
transfered results in reversion of the license to the previous
licensee, with immediate consolidation into a single full
A unified database records and integrates detailed information
(particularly, primary and protected regions, and schedules) about all
licensed channel sites in the nation. The contents of this database,
and suitable access tools, must be published. Each licensee can
choose a unique identifier consisting of up to 12 lowercase letters.
The licensee for a particular license can choose a unique identifier
consisting of up to 12 lowercase letters. Licensee identifiers cannot
be altered or recycled. License identifiers can be altered only by a
return to a probationary license status for 3 months.
The broadcaster is required to announce the unique identifier of the
relevant authorizing license immediately after commencing
transmissions and immediately before ending transmissions, and
additionally at least once for every contiguous hour of the timeslot
except the first hour, at roughly regular intervals.
Broadcasters operating under full licenses in the same channel, with
primary regions which overlap, can agree among each other to trade any
portion of their schedules, so that one broadcaster can broadcast
during some or all of another broadcaster's schedule, provided the
total amount of broadcast time is unchanged for each broadcaster,
aggregated over a one month period.
Such schedule trades can occur on any time boundary, down to the
second, i.e. they are not restricted to the 30 minute boundaries of
Broadcasters who desire to trade time must submit the details of the
trade to the database system at least 1 week ahead of time, but not
more than 6 months ahead of time. The request must be
cryptographically signed by both licensees. The database system
certifies that the desired trade does not result in unacceptable
interference, informs the submitter of the result with a delay of at
most one minute, and if certification succeeded, enters the schedule
trade information in the database making it available to the public.
Channel site handovers not on 30 minute boundaries must be
accomplished in less than 10 seconds.
The average protected contour radius of a license must be at least one
Each terrestrial broadcast band containing frequencies above 54MHz has the
following band restrictions (note that the particular selection of
channels restricted by a band restriction can vary from location to
location, as follows logically from the definitions):
At least 50% of band sample time for a location must be restricted to
programming of which 25% of the aggregate broadcast time, computed
once a month, must be manually generated programming which has not
been previously broadcast in any transmission whose primary region
overlaps the primary region of the transmissions comprising the
broadcast at issue.
No more than 50% of band sample time for a location can be broadcast
under licenses with average protected contour radii exceeding 30
Each and every terrestrial broadcast band has the following band
At least 25% of band sample time for a location must be broadcust
under licenses that have a non-commercial use restriction.
At least 5% of that portion of the band sample time for a location
that is broadcast under a commercial license, and 25% of that portion
of the band sample time for a location that is broadcast under a
non-commercial restricted license, must be restricted to licensees who
are individuals who hold a single license, the schedule of which does
not exceed 8 hours total for every two week period. At least 20% of
the programming these licensees broadcast in a given three month
period must have not been previously broadcast by any licensee. No
more than one such licensee among those who are members of a
particular organization, and whose channel site has greater than 25%
overlap of any primary regions of other such licensees of like
affiliation, can overtly espouse the views of that organization for
more than 10% of aggregate broadcast time over a one month period.
At least 20% of the band sample time for a location and 25% of the
non-commercial band sample time for a location not already restricted
in the previous paragraph, must be restricted to licensees who are
individual who hold a single license, the schedule of which does not
exceed 40 hours total for every two week period. No more than one
such licensee among those who are members of a particular
organization, and whose channel site has greater than 25% overlap of
any primary regions of other such licensees of like affiliation, can
overtly espouse the views of that organization for more than 10% of
aggregate broadcast time over a one month period.
In at least 50% of the channels in a band, licensees who operate on
that channel for at least 126 hours each week (full time licensees)
can preempt licensees who operate for less than 126 hours each week.
A full-time licensee who preempts a part-time licensee is required to
compensate the latter for the amount the latter paid for its license.
That concludes the terrestrial broadcast band restrictions subsection.
No terrestrial broadcast license can be granted or transferred such
that a single licensee is authorized to broadcast in the same band at
the same time over two or more channel sites whose primary regions
overlap by more than 25% of any of the primary regions. No satellite
broadcast license can be granted or transferred such that a single
licensee is authorized to broadcast in the same band at the same time
from two or more satellites. No licensee can hold satellite
broadcasting licenses whose total license time exceeds 10% of band
sample time for any satellite broadcasting band.
No law can cause the automatic review, or involuntary application for
renewal, of a broadcast license in good standing.
Substantial misconduct or underperformance on the part of a licensee,
involving interference with lawful broadcasts, or repeated and lengthy
failure to broadcast program (either no carrier or no program carried)
involving at least three incidents within a month, each of at least
one hour's duration, or repeated violation of any of the requirements
set forth in this section after at least one official warning has been
issued for non-compliance within the previous year, results in a
return to a probationary license status, or loss of a probationary
license. The licensee must be promptly informed of any misconduct or
underperformance of which he is accused, and must be promptly informed
of a change to probationary status. Only a probationary license can
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