§ 74.832   Licensing requirements and procedures.

   (a) A license authorizing operation of one or more low power auxiliary
   stations will be issued only to the following:

   (1) A licensee of an AM, FM, TV, or International broadcast station or
   low power TV station. Low power auxiliary stations will be licensed for
   used with a specific broadcast or low power TV station or combination
   of stations licensed to the same licensee within the same community.

   (2) A broadcast network entity.

   (3) A cable television system operator who operates a cable system that
   produces program material for origination or access cablecasting, as
   defined in § 76.5(r).

   (4) Motion picture producers as defined in § 74.801.

   (5) Television program producers as defined in § 74.801.

   (6) Licensees and conditional licensees of stations in the Service and
   Multichannel Multipoint Distribution Service as defined in § 21.2 of
   this chapter, or entities that hold an executed lease agreement with an
   MDS or MMDS licensee or conditional licensee or with an Instructional
   Television Fixed Service licensee or permittee.

   (7) Large venue owners or operators as defined in § 74.801.

   (8) Professional sound companies as defined in § 74.801.

   (b) An application for a new or renewal of low power auxiliary license
   shall specify the frequency band or bands desired. Only those frequency
   bands necessary for satisfactory operation shall be requested.

   (c) Licensees of AM, FM, TV, and International broadcast stations; low
   power TV stations; and broadcast network entities may be authorized to
   operate low power auxiliary stations in the frequency bands set forth
   in § 74.802(a).

   (d) Cable television operations, motion picture and television program
   producers, large venue owners or operators, and professional sound
   companies may be authorized to operate low power auxiliary stations
   only in the bands allocated for TV broadcasting.

   (e) An application for low power auxiliary stations or for a change in
   an existing authorization shall specify the broadcast station, or the
   network with which the low power broadcast auxiliary facilities are to
   be principally used as given in paragraph (h) of this section; or it
   shall specify the motion picture or television production company, the
   cable television operator, the professional sound company, or, if
   applicable, the venue with which the low power broadcast auxiliary
   facilities are to be solely used. A single application, filed on FCC
   Form 601 may be used in applying for the authority to operate one or
   more low power auxiliary units. The application must specify the
   frequency bands which will be used. Motion picture producers,
   television program producers, cable television operators, large venue
   owners or operators, and professional sound companies are required to
   attach a single sheet to their application form explaining in detail
   the manner in which the eligibility requirements given in paragraph (a)
   of this section are met. In addition, large venue owners or operators
   and professional sound companies shall include on the attachment the
   following certification and shall sign and date the certification: "The
   applicant hereby certifies that it routinely uses 50 or more low power
   auxiliary station devices, where the use of such devices is an integral
   part of major events or productions."

   (f) Applications for the use of the bands allocated for TV broadcasting
   must specify the usual area of operation within which the low power
   auxiliary station will be used. This area of operation may, for
   example, be specified as the metropolitan area in which the broadcast
   licensee serves, the usual area within which motion picture and
   television producers are operating, or the location of the venue.
   Licenses issued to large venue owners or operators are specific to a
   single venue and authorize operation only at that venue. Because low
   power auxiliary stations operating in these bands will only be
   permitted in areas removed from existing co-channel TV broadcast
   stations, licensees have full responsibility to ensure that operation
   of their stations does not occur at distances less than those specified
   in § 74.802(b).

   (g) Low power auxiliary licensees shall specify the maximum number of
   units that will be operated.

   (h) For broadcast licensees, low power auxiliary stations will be
   licensed for use with a specific broadcast station or combination of
   broadcast stations licensed to the same licensee and to the same
   community. Licensing of low power auxiliary stations for use with a
   specific broadcast station or combination of such stations does not
   preclude their use with other broadcast stations of the same or a
   different licensee at any location. Operation of low power auxiliary
   stations outside the area of operation specified in the authorization,
   or in other bands is permitted without further authority of the
   Commission. However, operation of low power auxiliary stations shall,
   at all times, be in accordance with the requirements of § 74.882 of
   this subpart. Also, a low power auxiliary station that is being used
   with a broadcast station or network other than one with which it is
   licensed, must, in addition to meeting the requirements of § 74.861 of
   this subpart, not cause harmful interference to another low power
   auxiliary station which is being used with the broadcast station(s) or
   network with which it is licensed.

   (i) In case of permanent discontinuance of operations of a station
   licensed under this subpart, the licensee shall cancel the station
   license using FCC Form 601. For purposes of this section, a station
   which is not operated for a period of one year is considered to have
   been permanently discontinued.

   (j) The license shall be retained in the licensee's files at the
   address shown on the authorization, posted at the transmitter, or
   posted at the control point of the station.

   [ 42 FR 14729 , Mar. 16, 1977, as amended at  47 FR 9221 , Mar. 4, 1982;  47 FR 21503 , May 18, 1982;  47 FR 55938 , Dec. 14, 1982;  51 FR 4603 , Feb. 6,
   1986;  51 FR 9966 , Mar. 24, 1986;  52 FR 2535 , Jan. 23, 1987;  55 FR 46012 , Oct. 31, 1990;  58 FR 19776 , Apr. 16, 1993;  68 FR 12772 , Mar. 17,
   2003;  69 FR 72045 , Dec. 10, 2004;  79 FR 40689 , July 14, 2014]

   Effective Date Note: At  79 FR 40689 , July 14, 2014, § 74.832 was
   amended by adding paragraphs (a)(7) and (a)(8) and by revising
   paragraphs (d), (e), and (f). These paragraphs contain information
   collection and recordkeeping requirements and will not become effective
   until approval has been given by the Office of Management and Budget.

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