broadcaster shall have effective control of each 
incubated station under such relationship. 
(2) DETERMINATION
OF
SUCCESSFUL
RELA-
TIONSHIP.—The Commission shall provide in the 
regulations promulgated under subsection (b) for the 
determination of whether a qualifying incubation re-
lationship is being carried out successfully or has 
been completed successfully to be made by the Com-
mission on a case-by-case basis based on information 
provided in the application process and related forms 
and materials. 
(d) APPLICATION PROCESS.— 
(1) JOINT
APPLICATION.—The Commission 
shall require an established broadcaster and an 
emerging broadcaster who propose to enter into a 
qualifying incubation relationship under the Pro-
gram to submit to the Commission a joint applica-
tion for participation in the Program. 
(2) PROCESS, FORMS, AND
MATERIALS.—The 
Commission shall develop an application process and 
related forms and materials necessary to carry out 
the Program. 
(3) APPLICATION REVIEW PROCESS.— 
(A) DEADLINE.— 
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(i) IN GENERAL.—Except as provided 
in clause (ii) and subparagraph (B), the 
Commission shall approve or deny an ap-
plication for participation in the Program 
not later than 90 days after the date of the 
submission of the application. 
(ii) ADDITIONAL
TIME
NEEDED
BY 
COMMISSION.—If the Commission deter-
mines that, because an excessive number of 
applications have been filed at one time, 
the Commission needs additional time for 
employees of the Commission to process 
the applications, the Commission may ex-
tend the deadline described in clause (i) for 
not more than 45 days. 
(B) OPPORTUNITY
FOR
APPLICANT
TO 
CURE DEFICIENCY.—If the Commission deter-
mines that an application is materially defi-
cient, the Commission shall provide the appli-
cants a 15-day period to cure the defect before 
denying the application. If such period would 
extend beyond the deadline under subparagraph 
(A) for approving or denying the application, 
such deadline shall be extended through the end 
of such period. 
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(C) EFFECT OF DENIAL.—Denial of an ap-
plication for participation in the Program shall 
not preclude the applicants from resubmitting 
the application or any applicant from submit-
ting a new application for participation in the 
Program at a later date. 
(4) CERTIFICATIONS.—The Commission shall 
require each applicant submitting an application for 
participation in the Program to certify to the Com-
mission in the application that, as of the date of the 
submission of the application— 
(A) the applicant intends to participate, in 
good faith, in the Program; 
(B) in the case of an emerging broad-
caster, the applicant would be unable, without 
the qualifying incubation relationship proposed 
in the application— 
(i) in the case of any incubated sta-
tion of which the applicant has effective 
control as of such date, to continue to suc-
cessfully operate such station; and 
(ii) in the case of any incubated sta-
tion of which the applicant proposes to ac-
quire effective control after such date, to 
acquire such effective control; 
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(C) the applicants have established the 
mutually agreed-upon goals required by sub-
section (c)(1)(C); and 
(D) the applicants have established the 
mutually agreed-upon limitation required by 
subsection (c)(1)(D). 
(5) LIMITATION ON REAPPLICATION BY ESTAB-
LISHED
BROADCASTER
AFTER
FAILED
RELATION-
SHIP.—If, in 3 or more instances, the Commission 
has terminated the participation of an established 
broadcaster in the Program under subsection (f) and 
determined that such established broadcaster was 
primarily at fault in causing the circumstances on 
which the termination was based, such established 
broadcaster may not submit another application for 
participation in the Program. 
(e) WAIVER OF LOCAL OWNERSHIP RULES.— 
(1) IN
GENERAL.—If the Commission makes 
the determination described in paragraph (2) with 
respect to an established broadcaster and an emerg-
ing broadcaster, the Commission shall, not earlier 
than 1 year after making such determination, grant 
to the established broadcaster a waiver of paragraph 
(a) or (b) of section 73.3555 of title 47, Code of 
Federal Regulations (or any successor regulation) to 
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the extent necessary to permit the established broad-
caster— 
(A) to hold a cognizable interest in any in-
cubated station under the qualifying incubation 
relationship; and 
(B) to hold a cognizable interest in— 
(i) if the established broadcaster had 
effective control of an AM or FM radio 
broadcast station (except for a low power 
radio station or a radio translator station) 
on the day before the date on which the es-
tablished broadcaster and the emerging 
broadcaster submitted the application for 
the Program under subsection (d), 1 radio 
broadcast station in excess of the number 
of radio broadcast stations in which the es-
tablished broadcaster is permitted to hold 
a 
cognizable 
interest 
under 
section 
73.3555(a) of such title in a radio market 
that is— 
(I) specified in paragraph (3)(A); 
and 
(II) selected by the established 
broadcaster; 
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(ii) if the established broadcaster had 
effective control of a television broadcast 
station (except for a low power television 
station or a television translator station) 
on the day before the date on which the es-
tablished broadcaster and the emerging 
broadcaster submitted the application for 
the Program under subsection (d), 1 tele-
vision broadcast station in excess of the 
number of television broadcast stations in 
which the established broadcaster is per-
mitted to hold a cognizable interest under 
section 73.3555(b) of such title in a DMA 
that is— 
(I) specified in paragraph (3)(A); 
and 
(II) selected by the established 
broadcaster; or 
(iii) if the established broadcaster had 
effective control of an AM or FM radio 
broadcast station (except for a low power 
radio station or a radio translator station) 
and a television broadcast station (except 
for a low power television station or a tele-
vision translator station) on the day before 
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the date on which the established broad-
caster and the emerging broadcaster sub-
mitted the application for the Program 
under subsection (d), either (at the option 
of the established broadcaster)— 
(I) 1 radio broadcast station in 
excess of the number of radio broad-
cast stations in which the established 
broadcaster is permitted to hold a 
cognizable 
interest 
under 
section 
73.3555(a) of such title in a radio 
market determined in the same man-
ner as under clause (i); or 
(II) 1 television broadcast station 
in excess of the number of television 
broadcast stations in which the estab-
lished broadcaster is permitted to hold 
a cognizable interest under section 
73.3555(b) of such title in a DMA de-
termined in the same manner as 
under clause (ii). 
(2) DETERMINATION
OF
COMMISSION
DE-
SCRIBED.—The determination described in this 
paragraph is a determination that an established 
broadcaster and an emerging broadcaster have en-
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States Television Household Estimates (or 
any successor publication); and 
(ii) a radio market ranking refers to 
the rankings of radio markets based on 
population, as determined by Nielsen 
Media Research and published most re-
cently before the granting of the waiver in 
Radio 
Market 
Survey 
Population, 
Rankings & Information (or any successor 
publication). 
(4) TERMINATION OF WAIVER.—The Commis-
sion shall specify in the regulations promulgated 
under subsection (b) when a waiver granted under 
paragraph (1) shall terminate. 
(f) TERMINATION OF PARTICIPATION IN PROGRAM.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), if the Commission determines that an es-
tablished broadcaster and an emerging broadcaster 
are not successfully carrying out a qualifying incuba-
tion relationship in accordance with the application 
approved by the Commission under subsection (d) or 
are not in compliance (with respect to such relation-
ship) with the other requirements of the Program 
established by the Commission, the Commission 
shall terminate the qualifying incubation relationship 
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under the Program and the participation of the es-
tablished broadcaster and the emerging broadcaster 
in the Program with respect to such relationship. 
(2) EXCEPTION FOR TRANSFER OF INCUBATED 
STATION.— 
(A) IN
GENERAL.—The transfer by an 
emerging broadcaster of effective control of an 
incubated station to another person shall not 
terminate the qualifying incubation relationship 
under the Program, and such other person shall 
be substituted as a party to such relationship, 
if— 
(i) such other person meets the re-
quirements for an emerging broadcaster 
under the Program; 
(ii) such other person and the estab-
lished broadcaster continue, with respect to 
such station, to successfully carry out the 
qualifying incubation relationship in ac-
cordance with the application approved by 
the Commission under subsection (d) and 
to comply with the other requirements of 
the Program established by the Commis-
sion; and 
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(iii) in a case in which the original 
emerging broadcaster retains effective con-
trol of any incubated station under the 
qualifying incubation relationship, such 
emerging broadcaster and the established 
broadcaster continue, with respect to any 
such station, to successfully carry out the 
qualifying incubation relationship in ac-
cordance with the application approved by 
the Commission under subsection (d) and 
to comply with the other requirements of 
the Program established by the Commis-
sion. 
(B) TREATMENT AS SINGLE QUALIFYING 
INCUBATION RELATIONSHIP.—If, after a trans-
fer described in subparagraph (A), the original 
emerging broadcaster retains effective control of 
any incubated station under the qualifying incu-
bation relationship, any such station and any 
station of which effective control has been so 
transferred shall be treated as being part of a 
single qualifying incubation relationship. 
(3) REVOCATION OF WAIVER PROHIBITED.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Commission may not, as 
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a penalty for or consequence of the termination 
under paragraph (1) of a qualifying incubation 
relationship between an established broadcaster 
and an emerging broadcaster, revoke any waiver 
granted to the established broadcaster under 
subsection (e)(1) as a result of such relation-
ship. 
(B) EXCEPTION FOR WILLFUL AND KNOW-
ING
VIOLATIONS.—If the Commission deter-
mines that the circumstances on which the ter-
mination under paragraph (1) of a qualifying 
incubation relationship between an established 
broadcaster and an emerging broadcaster is 
based involve a willful and knowing violation by 
the established broadcaster of this section or a 
regulation promulgated under this section, the 
Commission may revoke any waiver granted to 
the established broadcaster under subsection 
(e)(1) as a result of such relationship. 
(g) EXCLUSION FROM QUADRENNIAL REVIEW.—The 
Program, the regulations promulgated by the Commission 
under this section, and any waiver granted under sub-
section (e)(1) shall not be subject to review under section 
202(h) of the Telecommunications Act of 1996 or section 
11 of the Communications Act of 1934 (47 U.S.C. 161). 
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(h) IMPLEMENTATION
AND ENFORCEMENT.—The 
Commission shall implement and enforce this section as 
if this section is a part of the Communications Act of 1934 
(47 U.S.C. 151 et seq.). A violation of this section, or a 
regulation promulgated under this section, shall be consid-
ered to be a violation of the Communications Act of 1934, 
or a regulation promulgated under such Act, respectively. 
(i) CONSIDERATION IN COMMUNICATIONS MARKET-
PLACE REPORT.—Section 13(d) of the Communications 
Act of 1934 (47 U.S.C. 163(d)) is amended by adding at 
the end the following: 
‘‘(4) CONSIDERING EFFECTIVENESS OF BROAD-
CAST INCUBATOR PROGRAM.—In assessing the state 
of competition under subsection (b)(1) and regu-
latory barriers under subsection (b)(3), the Commis-
sion, with the input of the Office of Communications 
Business Opportunities of the Commission, shall 
consider the efficacy of the Broadcast Incubator 
Program established under section 2 of the Broad-
cast Diversity in Leadership Act in promoting com-
petition.’’. 
(j) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the development by the 
Commission of additional programs or policies to promote 
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the entry of new and diverse voices in the broadcasting 
industry. 
(k) DEFINITIONS.—In this section: 
(1) BROADCAST STATION.—The term ‘‘broad-
cast station’’ has the meaning given such term in 
section 3 of the Communications Act of 1934 (47 
U.S.C. 153). 
(2) COGNIZABLE INTEREST.—The term ‘‘cog-
nizable interest’’ has the meaning given such term in 
note 1 to section 73.3555 of title 47, Code of Fed-
eral Regulations (as in effect on the date of the en-
actment of this Act). 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(4) DMA.—The term ‘‘DMA’’ means a Des-
ignated Market Area, as determined by Nielsen 
Media Research and published in the Nielsen Sta-
tion Index Directory and Nielsen Station Index 
United States Television Household Estimates (or 
any successor publication). 
(5) 
EMERGING
BROADCASTER.—The 
term 
‘‘emerging broadcaster’’ means a person who— 
(A) has effective control of a broadcast 
station (including any class or assignment of 
television broadcast station and any class of 
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AM or FM radio broadcast station) that such 
person would be unable to continue to operate 
successfully without a qualifying incubation re-
lationship under the Program; or 
(B) plans to acquire effective control of a 
broadcast station (including any class or assign-
ment of television broadcast station and any 
class of AM or FM radio broadcast station) 
that such person would be unable to acquire 
without a qualifying incubation relationship 
under the Program. 
(6) ESTABLISHED
BROADCASTER.—The term 
‘‘established broadcaster’’ means a person who— 
(A) has effective control of a broadcast 
station, including any class or assignment of 
television broadcast station (except for a low 
power television station or a television trans-
lator station) and any class of AM or FM radio 
broadcast station (except for a low power radio 
station or a radio translator station); and 
(B) is established in the broadcasting in-
dustry, as determined by the Commission. 
(7) INCUBATED
STATION.—The term ‘‘incu-
bated station’’ means a broadcast station— 
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(A) of which an emerging broadcaster has 
(or plans to acquire) effective control; and 
(B) with respect to which an established 
broadcaster performs (or will perform) incuba-
tion activities as part of a qualifying incubation 
relationship under the Program. 
(8) LOW
POWER
TELEVISION
STATION.—The 
term ‘‘low power television station’’ does not include 
a low power television station that has been accorded 
primary status as a Class A television licensee under 
section 73.6001(a) of title 47, Code of Federal Reg-
ulations. 
(9) PROGRAM.—The term ‘‘Program’’ means 
the Broadcast Incubator Program established by the 
regulations promulgated under subsection (b). 
(10) RADIO MARKET.—The term ‘‘radio mar-
ket’’ means a radio market, as determined by 
Nielsen Media Research and published in Radio 
Market Survey Population, Rankings & Information 
(or any successor publication). 
Æ 
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