FCC 73.1620 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 73.1620 Program tests.
(a) Upon completion of construction of an AM, FM, TV or Class A TV station
in accordance with the terms of the construction permit, the technical
provisions of the application, the rules and regulations and the applicable
engineering standards, program tests may be conducted in accordance with the
following:
(1) The permittee of a nondirectional AM or FM station, or a nondirectional
or directional TV or Class A TV station, may begin program tests upon
notification to the FCC in Washington, DC provided that within 10 days
thereafter, an application for a license is filed with the FCC in
Washington, DC.
(2) The permittee of an FM station with a directional antenna system must
file an application for license on FCC Form 302–FM requesting authority to
commence program test operations at full power with the FCC in Washington,
D.C. This license application must be filed at least 10 days prior to the
date on which full power operations are desired to commence. The application
for license must contain any exhibits called for by conditions on the
construction permit. The staff will review the license application and the
request for program test authority and issue a letter notifying the
applicant whether full power operation has been approved. Upon filing of the
license application and related exhibits, and while awaiting approval of
full power operation, the FM permittee may operate the directional antenna
at one half (50%) of the authorized effective radiated power. Alternatively,
the permittee may continue operation with its existing licensed facilities
pending the issuance of program test authority at the full effective
radiated power by the staff.
(3) FM licensees replacing a directional antenna pursuant to Sec. 73.1690 (c)(2)
without changes which require a construction permit (see Sec. 73.1690(b)) may
immediately commence program test operations with the new antenna at one
half (50%) of the authorized ERP upon installation. If the directional
antenna replacement is an EXACT duplicate of the antenna being replaced
(i.e., same manufacturer, antenna model number, and measured composite
pattern), program tests may commence with the new antenna at the full
authorized power upon installation. The licensee must file a modification of
license application on FCC Form 302–FM within 10 days of commencing
operations with the newly installed antenna, and the license application
must contain all of the exhibits required by Sec. 73.1690(c)(2). After review of
the modification-of-license application to cover the antenna change, the
Commission will issue a letter notifying the applicant whether program test
operation at the full authorized power has been approved for the replacement
directional antenna.
(4) The permittee of an AM station with a directional antenna system must
file an application for license on FCC Form 302–AM requesting program test
authority with the FCC in Washington, DC at least ten (10) days prior to the
date on which it desires to commence program test operations. The
application must provide an AM directional antenna proof of performance,
containing the exhibits required by Sec. 73.186. After review of the application
to cover the construction permit, the Commission will issue a letter
notifying the applicant whether program test operations may commence.
Program test operations may not commence prior to issuance of staff
approval.
(5) Except for permits subject to successive license terms, the permittee of
an LPFM station may begin program tests upon notification to the FCC in
Washington, DC, provided that within 10 days thereafter, an application for
license is filed. Program tests may be conducted by a licensee subject to
mandatory license terms only during the term specified on such licensee's
authorization.
(b) The Commission reserves the right to revoke, suspend, or modify program
tests by any station without right of hearing for failure to comply
adequately with all terms of the construction permit or the provisions of
Sec. 73.1690(c) for a modification of license application, or in order to
resolve instances of interference. The Commission may, at its discretion,
also require the filing of a construction permit application to bring the
station into compliance the Commission's rules and policies.
(c) Unless sooner suspended or revoked, the program test authority continues
valid during FCC consideration of the application for license, and during
this period further extension of the construction permit is not required.
Program test authority shall be automatically terminated by final
determination upon the application for station license.
(d) All operation under program test authority shall be in strict compliance
with the rules governing broadcast stations and in strict accordance with
representations made in the application for license pursuant to which the
tests were authorized.
(e) Acceptance by the FCC of notification of the station of program tests,
or the granting of program test authority by the FCC, is not to be construed
by the permittee as approval by the FCC of the application for station
license.
(f) The licensee of a UHF TV station which is not in operation on, but
assigned to, the same allocated channel which a 1000 watt UHF translator
station is authorized to use (see Sec. 73.3516, “Specification of facilities”),
shall notify the licensee of the translator station, in writing, at least 10
days prior to commencing or resuming operation. The TV station licensee
shall also certify to the FCC in Washington, DC that such advance notice has
been given to the translator station licensee.
(g) Reports required. In their application for a license to cover a
construction permit and on the first anniversary of the commencement of
program tests, applicants for new broadcast facilities that were granted
after designation for a comparative hearing as a result of a post
designation settlement or a decision favoring them after comparative
consideration must report.
(1) Any deviations from comparative proposals relating to integration of
ownership and management and diversification of the media of mass
communciation contained in their application for a construction permit at
the time such application was granted; and
(2) Any deviations from an active/passive ownership structure proposed in
their application for a construction permit at the time such application was
granted.
(3) The reports referred to in paragraphs (g)(1) and (2) of this section
shall not be required in any case in which the order granting the
application relieved the applicant of the obligation to adhere to such
proposals.
[ 43 FR 32784 , July 28, 1978, as amended at 45 FR 6401 , Jan. 28, 1980; 47 FR 28388 , June 30, 1982; 49 FR 38132 , Sept. 27, 1984; 56 FR 795 , Jan. 9, 1991;
56 FR 25639 , June 5, 1991; 57 FR 48333 , Oct. 23, 1992; 62 FR 51059 , Sept.
30, 1997; 65 FR 7648 , Feb. 15, 2000; 65 FR 30004 , May 10, 2000]
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