Sec.  74.1251   Technical and equipment modifications.

   (a) No change, either mechanical or electrical, except as provided in part 2
   of this chapter, may be made in FM translator or booster apparatus which has
   been certificated by the Commission without prior authority of the
   Commission.

   (b) Formal application on FCC Form 349 is required of all permittees and
   licensees for any of the following changes:

   (1) Replacement of the transmitter as a whole, except replacement with a
   transmitter of identical power rating which has been certificated by the FCC
   for use by FM translator or FM booster stations, or any change which could
   result in the electrical characteristics or performance of the station. Upon
   the installation or modification of the transmitting equipment for which
   prior FCC authority is not required under the provisions of this paragraph,
   the licensee shall place in the station records a certification that the new
   installation complies in all respects with the technical requirements of
   this part and the terms of the station authorization.

   (2) A change in the transmitting antenna system, including the direction of
   radiation or directive antenna pattern.

   (3) Any change in the overall height of the antenna structure except where
   notice to the Federal Aviation Administration is specifically not required
   under  Sec. 17.14(b) of this chapter.

   (4) Any change in the location of the translator or booster except a move
   within the same building or upon the same pole or tower.

   (5) Any horizontal change in the location of the antenna structure which
   would (i) be in excess of 152.4 meters (500 feet), or (ii) would require
   notice to the Federal Aviation Administration pursuant to  Sec. 17.7 of the FCC's
   rules.

   (6) Any change in the output frequency of a translator.

   (7) Any increase of authorized effective radiated power. FM translator and
   booster stations may decrease ERP on a modification of license application
   provided that exhibits are included to demonstrate that the following
   requirements are met:

   (i) The license application may not propose to eliminate the authorized
   horizontally polarized ERP, if a horizontally polarized ERP is currently
   authorized;

   (ii) The installed height of the antenna radiation center is not increased
   by more than two meters nor decreased by more than four meters from the
   authorized height for the antenna radiation center; and

   (iii) The station is not presently authorized with separate horizontal and
   vertical antennas mounted at different heights. Use of separate horizontal
   and vertical antennas requires a construction permit before implementation
   or changes.

   (8) Any change in area being served.

   (c) Changes in the primary FM station being retransmitted must be submitted
   to the FCC in writing.

   (d) Any application proposing a change in the height of the antenna
   structure or its location must also include the Antenna Structure
   Registration Number (FCC Form 854R) of the antenna structure upon which it
   proposes to locate its antenna. In the event the antenna structure does not
   have a Registration Number, either the antenna structure owner shall file
   FCC Form 854 (“Application for Antenna Structure Registration”) in
   accordance with part 17 of this chapter or the applicant shall provide a
   detailed explanation why registration and clearance are not required.

   [ 35 FR 15388 , Oct. 2, 1970, as amended at  45 FR 26068 , Apr. 17, 1980;  47 FR 24580 , June 7, 1982;  50 FR 3525 , Jan. 25, 1985;  50 FR 23710 , June 5, 1985;
    55 FR 50698 , Dec. 10, 1990;  61 FR 4368 , Feb. 6, 1996;  63 FR 33879 , June 22,
   1998;  63 FR 36606 , July 7, 1998;  65 FR 79780 , Dec. 20, 2000]