Goto Section: 74.24 | 74.28 | Table of Contents
FCC 74.25
Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 74.25 Temporary conditional operating authority.
An applicant for a new broadcast auxiliary radio service station or a
modification of an existing station under subparts D, E, F, or H of this
part may operate the proposed station during the pendency of its
applications upon the filing of a properly completed formal application that
complies with the rules for the particular class of station, provided that
the conditions set forth are satisfied.
(a) Conditions applicable to all broadcast auxiliary stations. (1) Stations
operated pursuant to this section shall be identified by the transmission of
the call sign of the associated part 73 of this chapter broadcast station,
if one exists, or the prefix âWTâ followed by the applicant's local business
telephone number for broadcast or cable network entities.
(2) The antenna structure(s) has been previously studied by the Federal
Aviation Administration and determined to pose no hazard to aviation safety
as required by subpart B of part 17 of this chapter; or the antenna or tower
structure does not exceed 6.1 meters above ground level or above an existing
man-made structure (other than an antenna structure), if the antenna or
tower has not been previously studied by the Federal Aviation Administration
and cleared by the FCC;
(3) The grant of the application(s) does not require a waiver of the
Commission's rules;
(4) The applicant has determined that the facility(ies) will not
significantly affect the environment as defined in Sec. 1.1307 of this chapter;
(5) The station site does not lie within an area identified in Sec. 1.924 of
this chapter.
(b) Conditions applicable to remote pickup broadcast auxiliary stations. (1)
The auxiliary station must be located within 80 km (50 mi) of the broadcast
studio or broadcast transmitter.
(2) The applicant must coordinate the operation with all affected co-channel
and adjacent channel licensees in the area of operation. This requirement
can be satisfied by coordination with the local frequency committee if one
exists.
(3) Operation under this provision is not permitted between 152.87 MHz and
153.35 MHz.
(c) Conditions applicable to aural and television broadcast auxiliary
stations. (1) The applicable frequency coordination procedures have been
successfully completed and the filed application is consistent with that
coordination.
(2) The station site does not lie within an area requiring international
coordination.
(3) If operated on frequencies in the 17.8â19.7 GHz band, the station site
does not lie within any of the areas identified in Sec. 1.924 of this chapter.
(d) Operation under this section shall be suspended immediately upon
notification from the Commission or by the District Director of a Commission
field facility, and shall not be resumed until specific authority is given
by the Commission or District Director. When authorized by the District
Director, short test operations may be made.
(e) Conditional authority ceases immediately if the application(s) is
returned by the Commission because it is not acceptable for filing.
(f) Conditional authorization does not prejudice any action the Commission
may take on the subject application(s). Conditional authority is accepted
with the express understanding that such authority may be modified or
cancelled by the Commission at any time without hearing if, in the
Commission's discretion, the need for such action arises. An applicant
operating pursuant to this conditional authority assumes all risks
associated with such operation, the termination or modification of the
conditional authority, or the subsequent dismissal or denial of its
application(s).
[ 68 FR 12762 , Mar. 17, 2003, as amended at 69 FR 17958 , Apr. 6, 2004]
Goto Section: 74.24 | 74.28
Goto Year: 2005 |
2007
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