§  73.1715   Share time.

   Operation is permitted by two or more broadcast stations using the same
   channel in accordance with a division of hours mutually agreed upon and
   considered part of their licenses.

   (a) If the licenses of stations authorized to share time do not specify
   hours of operation, the licensees shall endeavor to reach an agreement
   for a definite schedule of periods of time to be used by each. Such
   agreement shall be in writing and each licensee shall file it in
   duplicate original with each application to the FCC in Washington, DC
   for renewal of license. If and when such written agreements are
   properly filed in conformity with this Section, the file mark of the
   FCC will be affixed thereto, one copy will be retained by the FCC, and
   one copy returned to the licensee to be posted with the station license
   and considered as a part thereof. If the license specifies a
   proportionate time division, the agreement shall maintain this
   proportion. If no proportionate time division is specified in the
   license, the licensees shall agree upon a division of time. Such
   division of time shall not include simultaneous operation of the
   stations unless specifically authorized by the terms of the license.

   (b) If the licensees of stations authorized to share time are unable to
   agree on a division of time, the FCC in Washington, DC shall be so
   notified by a statement filed with the applications for renewal of
   licenses. Upon receipt of such statement, the FCC will designate the
   applications for a hearing and, pending such hearing, the operating
   schedule previously adhered to shall remain in full force and effect.

   (c) A departure from the regular schedule in a time-sharing agreement
   will be permitted only in cases where an agreement to that effect is
   put in writing, is signed by the licensees of the stations affected
   thereby and filed in triplicate by each licensee with the FCC in
   Washington, DC prior to the time of the time of the proposed change. If
   time is of the essence, the actual departure in operating schedule may
   precede the actual filing of written agreement, provided appropriate
   notice is sent to the FCC.

   (d) If the license of an AM station authorized to share time does not
   specify the hours of operation, the station may be operated for the
   transmission of regular programs during the experimental period
   provided an agreement thereto is reached with the other stations with
   which the broadcast day is shared: And further provided, Such operation
   is not in conflict with § 73.72 (Operating during the experimental
   period). Time-sharing agreements for operation during the experimental
   period need not be submitted to the FCC.

   (e) Noncommercial educational FM stations are authorized for share time
   operation according to the provisions of § 73.561.

   [ 43 FR 45849 , Oct. 4, 1978, as amended at  47 FR 40174 , Sept. 13, 1982]