Sec.  74.851   Certification of equipment.

   (a) Applications for new low power auxiliary stations will not be accepted
   unless the transmitting equipment specified therein has been certificated
   for use pursuant to provisions of this subpart.

   (b) Any manufacturer of a transmitter to be used in this service may apply
   for certification for such transmitter following the certification procedure
   set forth in part 2 of the Commission's Rules and Regulations. Attention is
   also directed to part 1 of the Commission's Rules and Regulations which
   specifies the fees required when filing an application for certification.

   (c) An applicant for a low power auxiliary station may also apply for
   certification for an individual transmitter by following the certification
   procedure set forth in part 2 of the Commission's Rules and Regulations. The
   application for certification must be accompanied by the proper fees as
   prescribed in part 1 of the Commission's Rules and Regulations.

   (d) Low power auxiliary station equipment authorized to be used pursuant to
   an application accepted for filing prior to December 1, 1977 may continue to
   be used by the licensee or its successors or assignees: Provided, however,
   If operation of such equipment causes harmful interference due to its
   failure to comply with the technical standards set forth in this subpart,
   the Commission may, at its discretion, require the licensee to take such
   corrective action as is necessary to eliminate the interference.

   (e) Each instrument of authority which permits operation of a low power
   auxiliary station using equipment which has not been certificated will
   specify the particular transmitting equipment which the licensee is
   authorized to use.

   (f) All transmitters marketed for use under this subpart shall be
   certificated by the Federal Communications Commission for this purpose.
   (Refer to subpart I of part 2 of the Commission's rules and regulations.)

   (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)

   [ 42 FR 14729 , Mar. 16, 1977, as amended at  42 FR 43637 , Aug. 22, 1977;  43 FR 13576 , Mar. 31, 1978;  63 FR 36605 , July 7, 1998]