§  73.1740   Minimum operating schedule.

   (a) All commercial broadcast stations are required to operate not less
   than the following minimum hours:

   (1) AM and FM stations. Two-thirds of the total hours they are
   authorized to operate between 6 a.m. and 6 p.m. local time and
   two-thirds of the total hours they are authorized to operate between 6
   p.m. and midnight, local time, each day of the week except Sunday.

   (i) Class D stations which have been authorized nighttime operations
   need comply only with the minimum requirements for operation between 6
   a.m. and 6 p.m., local time.

   (2) TV stations. (i) During the first 36 months of operation, not less
   than 2 hours daily in any 5 broadcast days per calendar week and not
   less than a total of:

   (A) 12 hours per week during the first 18 months.

   (B) 16 hours per week during the 19th through 24th months.

   (C) 20 hours per week during the 25th through 30th months.

   (D) 24 hours per week during the 31st through 36th months.

   (ii) After 36 months of operation, not less than 2 hours in each day of
   the week and not less than a total of 28 hours per calendar week.

   (iii) Visual transmissions of test patterns, slides, or still pictures
   accompanied by unrelated aural transmissions may not be counted in
   computing program service (see § 73.653).

   (3) "Operation" includes the period during which the station is
   operated pursuant to temporary authorization or program tests, as well
   as during the license period.

   (4) In the event that causes beyond the control of a licensee make it
   impossible to adhere to the operating schedule of this section or to
   continue operating, the station may limit or discontinue operation for
   a period of not more than 30 days without further authority from the
   FCC. Notification must be sent to the FCC in Washington, D.C. not later
   than the 10th day of limited or discontinued operation. During such
   period, the licensee shall continue to adhere to the requirements in
   the station license pertaining to the lighting of antenna structures.
   In the event normal operation is restored prior to the expiration of
   the 30 day period, the licensee will so notify the FCC of this date. If
   the causes beyond the control of the licensee make it impossible to
   comply within the allowed period, informal written request shall be
   made to the FCC no later than the 30th day for such additional time as
   may be deemed necessary.

   (5) Class A TV stations. Not less than 18 hours in each day of the
   week.

   (b) Noncommercial educational AM and TV stations are not required to
   operate on a regular schedule and no minimum hours of operation are
   specified; but the hours of actual operation during a license period
   shall be taken into consideration in the renewal of noncommercial
   educational AM and TV broadcast licenses. Noncommercial educational FM
   stations are subject to the operating schedule requirements according
   to the provisions of § 73.561.

   (c) The license of any broadcasting station that fails to transmit
   broadcast signals for any consecutive 12-month period expires as a
   matter of law at the end of that period, notwithstanding any provision,
   term, or condition of the license to the contrary.

   [ 43 FR 45850 , Oct. 4, 1978, as amended at  53 FR 1032 , Jan. 15, 1988;  56 FR 64873 , Dec. 12, 1991;  61 FR 28767 , June 6, 1996;  65 FR 30006 , May
   10, 2000]