Sec. 74.1263  Time of operation.

    (a) The licensee of an FM translator or booster station is not 
required to adhere to any regular schedule of operation. However, the 
licensee of an FM translator or booster station is expected to provide a 
dependable service

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to the extent that such is within its control and to avoid unwarranted 
interruptions to the service provided.
    (b) An FM translator or booster station rebroadcasting the signal of 
a primary station shall not be permitted to radiate during extended 
periods when signals of the primary station are not being retransmitted.
    (c) The licensee of an FM translator or booster station must notify 
the Commission of its intent to discontinue operations for 30 or more 
consecutive days. Notification must be made within 10 days of the time 
the station first discontinues operation and Commission approval must be 
obtained for such discontinued operation to continue beyond 30 days. The 
notification shall specify the causes of the discontinued operation and 
a projected date for the station's return to operation, substantiated by 
supporting documentation. If the projected date for the station's return 
to operation cannot be met, another notification and further request for 
discontinued operations must be submitted in conformance with the 
requirements of this section. Within 48 hours of the station's return to 
operation, the licensee must notify the Commission of such fact. All 
notification must be in writing.
    (d) The licensee of an FM translator or booster station must notify 
the Commission of its intent to permanently discontinue operations at 
least two days before operation is discontinued. Immediately after 
discontinuance of operation, the licensee shall forward the station 
license and other instruments of authorization to the FCC, Washington, 
DC for cancellation.
    (e) Failure of an FM translator or booster station to operate for a 
period of 30 or more consecutive days, except for causes beyond the 
control of the licensee or authorized pursuant to paragraph (c) of this 
section, shall be deemed evidence of discontinuation of operation and 
the license of the station may be cancelled at the discretion of the 
Commission. Furthermore, the station's license will expire as a matter 
of law, without regard to any causes beyond control of the licensee or 
to any authorization pursuant to paragraph (c) of this section, if the 
station fails to transmit broadcast signals for any consecutive 12-month 
period, notwithstanding any provision, term, or condition of the license 
to the contrary.

[ 55 FR 50699 , Dec. 10, 1990, as amended at  61 FR 28768 , June 6, 1996]