§  74.655   Authorization of equipment.

   (a) Except as provided in paragraph (b) of this section, all
   transmitting equipment first marketed for use under this subpart or
   placed into service after October 1, 1981, must be authorized under the
   certification or verification procedure, as detailed in paragraph (f)
   of this section. Equipment which is used at a station licensed prior to
   October 1, 1985, which has not been authorized as detailed in paragraph
   (f) of this section, may continue to be used by the licensee or its
   successors or assignees, provided that if operation of such equipment
   causes harmful interference due to its failure to comply with the
   technical standards set forth in this subpart, the FCC may, at its
   discretion, require the licensee to take such corrective action as is
   necessary to eliminate the interference. However, such equipment may
   not be further marketed or reused under part 74 after October 1, 1985.

   (b) Certification or verification is not required for transmitters used
   in conjunction with TV pickup stations operating with a peak output
   power not greater than 250 mW. Pickup stations operating in excess of
   250 mW licensed pursuant to applications accepted for filing prior to
   October 1, 1980 may continue operation subject to periodic renewal. If
   operation of such equipment causes harmful interference the FCC may, at
   its discretion, require the licensee to take such corrective action as
   is necessary to eliminate the interference.

   (c) The license of a TV auxiliary station may replace transmitting
   equipment with authorized equipment, as detailed under paragraph (f) of
   this section, without prior FCC approval, provided the proposed changes
   will not depart from any of the terms of the station or system
   authorization or the Commission's technical rules governing this
   service, and also provided that any changes made to authorized
   transmitting equipment is in compliance with the provisions of part 2
   of the FCC rules concerning modifications to authorized equipment.

   (d) Any manufacturer of a transmitter to be used in this service may
   authorize the equipment under the certification or verification
   procedure, as appropriate, following the procedures set forth in
   subpart J of part 2 of the FCC rules.

   (e) An applicant for a TV broadcast auxiliary station may also
   authorize an individual transmitter, as specified in paragraph (f) of
   this section, by following the procedures set forth in subpart J of
   part 2 of the FCC rules and regulations.

   (f) Transmitters designed to be used exclusively for a TV STL station,
   a TV intercity relay station, a TV translator relay station, or a TV
   microwave booster station, shall be authorized under verification. All
   other transmitters will be authorized under the certification
   procedure.

   [ 63 FR 36605 , July 7, 1998, as amended at  68 FR 12772 , Mar. 17, 2003]