§  74.1263   Time of operation.

   (a) The licensee of an FM translator or booster station is not required
   to adhere to any regular schedule of operation. However, the licensee
   of an FM translator or booster station is expected to provide a
   dependable service to the extent that such is within its control and to
   avoid unwarranted interruptions to the service provided.

   (b) An FM booster or FM Translator station rebroadcasting the signal of
   an AM, FM or LPFM primary station shall not be permitted to radiate
   during extended periods when signals of the primary station are not
   being retransmitted. Notwithstanding the foregoing, FM translators
   rebroadcasting Class D AM stations may continue to operate during
   nighttime hours only if the AM station has operated within the last 24
   hours.

   (c) The licensee of an FM translator or booster station must notify the
   Commission of its intent to discontinue operations for 30 or more
   consecutive days. Notification must be made within 10 days of the time
   the station first discontinues operation and Commission approval must
   be obtained for such discontinued operation to continue beyond 30 days.
   The notification shall specify the causes of the discontinued operation
   and a projected date for the station's return to operation,
   substantiated by supporting documentation. If the projected date for
   the station's return to operation cannot be met, another notification
   and further request for discontinued operations must be submitted in
   conformance with the requirements of this section. Within 48 hours of
   the station's return to operation, the licensee must notify the
   Commission of such fact. All notification must be in writing.

   (d) The licensee of an FM translator or booster station must notify the
   Commission of its intent to permanently discontinue operations at least
   two days before operation is discontinued. Immediately after
   discontinuance of operation, the licensee shall forward the station
   license and other instruments of authorization to the FCC, Washington,
   DC for cancellation.

   (e) Failure of an FM translator or booster station to operate for a
   period of 30 or more consecutive days, except for causes beyond the
   control of the licensee or authorized pursuant to paragraph (c) of this
   section, shall be deemed evidence of discontinuation of operation and
   the license of the station may be cancelled at the discretion of the
   Commission. Furthermore, the station's license will expire as a matter
   of law, without regard to any causes beyond control of the licensee or
   to any authorization pursuant to paragraph (c) of this section, if the
   station fails to transmit broadcast signals for any consecutive
   12-month period, notwithstanding any provision, term, or condition of
   the license to the contrary.

   [ 55 FR 50699 , Dec. 10, 1990, as amended at  61 FR 28768 , June 6, 1996;
    74 FR 45130 , Sept. 1, 2009;  85 FR 35574 , June 11, 2020;  86 FR 37061 ,
   July 14, 2021]