§  73.1610   Equipment tests.

   (a) During the process of construction of a new broadcast station, the
   permittee, after notifying the FCC in Washington, D.C. may, without
   further authority from the FCC, conduct equipment tests for the purpose
   of making such adjustments and measurements as may be necessary to
   assure compliance with the terms of the construction permit, the
   technical provisions of the application therefore, the rules and
   regulations and the applicable engineering standards. For AM stations,
   equipment tests, including either a directional or nondirectional proof
   of performance required by the construction permit, may be conducted
   during daytime hours provided that the antenna system is first
   substantially tuned during the experimental period. The nondirectional
   proof shall be conducted with power adjusted to 25% of that specified
   in the permit for the authorized directional facilities or, if
   applicable, to such higher power as is specified in the same permit for
   authorized nondirectional facilities. For licensed stations, see
   § 73.1615, Operation During Modification of Facilities; and § 73.157,
   Antenna Testing During Daytime.

   (b) The FCC may notify the permittee not to conduct equipment tests or
   may modify, cancel, suspend, or change the modes of testing or the
   dates and times for such tests in order to resolve interference
   complaints or when such action may appear to be in the public interest,
   convenience, and necessity.

   (c) Equipment tests may be continued so long as the construction permit
   shall remain valid.

   (d) The authorization for tests embodied in this section shall not be
   construed as constituting a license to operate but as a necessary part
   of construction.

   [ 43 FR 32783 , July 28, 1978, as amended at  47 FR 40174 , Sept. 13, 1982;
    50 FR 30947 , July 31, 1985]