Sec.  78.53   Unattended operation.

   (a) A CARS station may be operated unattended: Provided, That such operation
   is conducted in accordance with the conditions listed below: And provided
   further, That the Commission, in Washington, DC, is notified at least 10
   days prior to the beginning of unattended operation if such operation is not
   indicated on the station authorization.

   (1) The transmitter and associated control circuits shall be installed and
   protected in a manner designed to prevent tampering or operation by
   unauthorized persons.

   (2) If the transmitting apparatus is located at a site which is not readily
   accessible at all hours and in all seasons, means shall be provided for
   turning the transmitter on and off at will from a location which can be
   reached promptly at all hours and in all seasons.

   (3) Personnel responsible for the maintenance of the station shall be
   available on call at a location which will assure expeditious performance of
   such technical servicing and maintenance as may be necessary whenever the
   station is operating. In lieu thereof, arrangements may be made to have a
   person or persons available at all times when the transmitter is operating,
   to turn the transmitter off in the event that it is operating improperly.
   The transmitter may not be restored to operation until the malfunction has
   been corrected by a technically qualified person.

   (4) The station licensee shall be responsible for the proper operation of
   the station at all times and is expected to provide for observations,
   servicing and maintenance as often as may be necessary to ensure proper
   operation. All adjustments or tests during or coincident with the
   installation, servicing, or maintenance of the station which may affect its
   operation shall be performed by or under the immediate supervision of a
   technically qualified person.

   (b) The Commission may notify the licensee not to commence unattended
   operation, or to cancel, suspend, or change the date of the beginning of
   such operation as and when such action may appear to be in the public
   interest, convenience, or necessity.

   (Secs. 1, 2, 301, 307, 48 Stat., as amended 1064, 1081, 1083; (47 U.S.C.
   151, 152, 301, 307))

   [ 37 FR 3292 , Feb. 12, 1972, as amended at  41 FR 29695 , July 19, 1976;  42 FR 61864 , Dec. 7, 1977;  43 FR 4617 , Feb. 3, 1978;  43 FR 25127 , June 9, 1978;  49 FR 20671 , May 16, 1984;  50 FR 23422 , June 4, 1985;  50 FR 32418 , Aug. 12,
   1985]