Goto Section: 74.24 | 74.28 | Table of Contents
FCC 74.25
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 74.25 Temporary conditional operating authority.
An applicant for a new broadcast auxiliary radio service station or a
modification of an existing station under subparts D, E, F, or H of
this part may operate the proposed station during the pendency of its
applications upon the filing of a properly completed formal application
that complies with the rules for the particular class of station,
provided that the conditions set forth are satisfied.
(a) Conditions applicable to all broadcast auxiliary stations. (1)
Stations operated pursuant to this section shall be identified by the
transmission of the call sign of the associated part 73 of this chapter
broadcast station, if one exists, or the prefix "WT" followed by the
applicant's local business telephone number for broadcast or cable
network entities.
(2) The antenna structure(s) has been previously studied by the Federal
Aviation Administration and determined to pose no hazard to aviation
safety as required by subpart B of part 17 of this chapter; or the
antenna or tower structure does not exceed 6.1 meters above ground
level or above an existing man-made structure (other than an antenna
structure), if the antenna or tower has not been previously studied by
the Federal Aviation Administration and cleared by the FCC;
(3) The grant of the application(s) does not require a waiver of the
Commission's rules;
(4) The applicant has determined that the facility(ies) will not
significantly affect the environment as defined in § 1.1307 of this
chapter;
(5) The station site does not lie within an area identified in § 1.924
of this chapter.
(b) Conditions applicable to remote pickup broadcast auxiliary
stations. (1) The auxiliary station must be located within 80 km (50
mi) of the broadcast studio or broadcast transmitter.
(2) The applicant must coordinate the operation with all affected
co-channel and adjacent channel licensees in the area of operation.
This requirement can be satisfied by coordination with the local
frequency committee if one exists.
(3) Operation under this provision is not permitted between 152.87 MHz
and 153.35 MHz.
(c) Conditions applicable to aural and television broadcast auxiliary
stations. (1) The applicable frequency coordination procedures have
been successfully completed and the filed application is consistent
with that coordination.
(2) The station site does not lie within an area requiring
international coordination.
(3) If operated on frequencies in the 17.8-19.7 GHz band for any
services or on frequencies in the 17.7-17.8 GHz band for MVPD
operations, the station site does not lie within any of the areas
identified in § 1.924 of this chapter.
(d) Operation under this section shall be suspended immediately upon
notification from the Commission or by the District Director of a
Commission field facility, and shall not be resumed until specific
authority is given by the Commission or District Director. When
authorized by the District Director, short test operations may be made.
(e) Conditional authority ceases immediately if the application(s) is
returned by the Commission because it is not acceptable for filing.
(f) Conditional authorization does not prejudice any action the
Commission may take on the subject application(s). Conditional
authority is accepted with the express understanding that such
authority may be modified or cancelled by the Commission at any time
without hearing if, in the Commission's discretion, the need for such
action arises. An applicant operating pursuant to this conditional
authority assumes all risks associated with such operation, the
termination or modification of the conditional authority, or the
subsequent dismissal or denial of its application(s).
[ 68 FR 12762 , Mar. 17, 2003, as amended at 69 FR 17958 , Apr. 6, 2004;
71 FR 69048 , Nov. 29, 2006]
Goto Section: 74.24 | 74.28
Goto Year: 2010 |
2012
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