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Pt. 74 47 CFR Ch. I (10–1–98 Edition)

RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICEÐContinued SPECIFIC SERVICEÐContinued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)]

Time of operation ...... 73.1705 Use of multiplex subcarriersÐ Time, Limited ...... 73.1725 FM ...... 73.293 Time, Reference to ...... 73.1209 TV ...... 73.665 Time, Share ...... 73.1715 Use of multiplex transmissions (AM) ... 73.127 Time Sharing, Operating schedule 73.561 (NCE±FM). V Time, Unlimited ...... 73.1710 Vertical blanking interval, Tele- 73.646 Tolerances, Carrier frequency depar- 73.1545 communication service on. ture. Vertical plane radiation characteristics 73.160 Tolerances, Directional sys- 73.62 Visual and aural TV , Op- 73.653 tem (AM). eration of. Tolerances, Operating power and 73.1560 Visual modulation monitoring equip- 73.691 mode. ment. Tone clusters: Audio attention-getting 73.4275 (*) W devices. Topographic data (FM) ...... 73.3120 Want ads ...... 73.1212 Tower lighting and painting ...... 73.1213 Z Transferring a station ...... 73.1150 Zone, Quiet ...... 73.1030 Transmission standards, Changes in .. 73.1695 ZonesÐ Transmission standards (TV) ...... 73.682 FM ...... 73.205 Transmission system, Automatic (ATS) 73.1500 NCE±FM ...... 73.505 Transmission system emission limita- 73.44 tions, (AM). TV ...... 73.609 Transmission system inspections ...... 73.1580 Transmission system installation and 73.49 [50 FR 38530, Sept. 23, 1985; 50 FR 40395, Oct. safety requirements, AM. 3, 1985, as amended at 51 FR 34621, 34622, Transmission system performance re- 73.40 Sept. 30, 1986; 52 FR 37316, Oct. 6, 1987; 52 FR quirements (AM). 47569, Dec. 15, 1987; 53 FR 2499, Jan. 28, 1988; Transmission system requirementsÐ 58 FR 51250, Oct. 1, 1993; 59 FR 67103, Dec. 28, FM ...... 73.317 1994; 63 FR 33878, June 22, 1998] TV ...... 73.687 Transmission systems, Modification of 73.1690 Transmission systems, subscription TV 73.644 PART 74—EXPERIMENTAL RADIO, Transmissions, Permissible (FM) ...... 73.277 duty operators ...... 73.1860 AUXILIARY, SPECIAL , LocationÐ AND OTHER PROGRAM DISTRIBU- FM ...... 73.315 TV ...... 73.685 TIONAL SERVICES Transmitter location and antenna sys- 73.685 tem (TV). Subpart—General; Rules Applicable to All Transmitters, Auxiliary ...... 73.1670 Transmitters, broadcast, Acceptability 73.1660 Services in Part 74 of. Sec. Transmitters, Main ...... 73.1665 Transmitters, TV, aural and visual, Op- 73.653 74.1 Scope. eration of. 74.2 General definitions. TV Channel 6 protection (NCE±FM) .... 73.525 74.3 FCC inspections of stations. TV during black/white pro- 73.4272 (*) 74.5 Cross reference to rules in other parts. gramming. 74.12 Notification of filing of applications. TV/FM dual-language in 73.1210 74.13 Equipment tests. Puerto Rico. 74.14 Service or program tests. Type approval of modulation monitors, 73.692 General requirements (TV). 74.15 Station license period. 74.16 Temporary extension of station li- U censes. Unauthorized operation ...... 73.1745 74.18 Transmitter control and operation. U.S./Mexican Agreement ...... 73.3570 USA-Mexico FM Broadcast Agree- 73.504 74.19 Special technical records. ment, Channel assignments under 74.21 Broadcasting emergency information. (NCE±FM). 74.22 Use of common antenna structure. Unlimited time ...... 73.1710 74.23 Interference jeopardizing safety of life Unreserved channels, Noncommercial 73.513 or protection of property. educational broadcast stations oper- 74.24 Short-term operation. ating on (NCE±FM). 74.28 Additional orders. Use of channels, Restrictions on (FM) 73.220 Use of common antenna siteÐ 74.30 Antenna structure, marking and light- FM ...... 73.239 ing. TV ...... 73.635 74.32 Operation in the 17.8–19.7 GHz band.

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Subpart A—Experimental Broadcast 74.534 Power limitations. Stations 74.535 Emission and . 74.536 Directional antenna required. 74.101 Experimental broadcast station. 74.537 Temporary authorizations. 74.102 Uses of experimental broadcast sta- 74.550 Equipment authorization. tions. 74.551 Equipment changes. 74.103 Frequency assignment. 74.561 Frequency tolerance. 74.112 Supplementary statement with appli- 74.562 Frequency monitors and measure- cation for construction permit. ments. 74.113 Supplementary reports with applica- 74.564 Posting of station license. tion for renewal of license. 74.582 Station identification. 74.131 Licensing requirements, necessary showing. Subpart F— Broadcast Auxiliary 74.132 Power limitations. Stations 74.133 Emission authorized. 74.134 Multiple ownership. 74.600 Eligibility for license. 74.151 Equipment changes. 74.601 Classes of TV broadcast auxiliary sta- tions. TECHNICAL OPERATION AND OPERATORS 74.602 Frequency assignment. 74.161 Frequency tolerances. 74.603 Sound channels. 74.162 Frequency monitors and measure- 74.604 Interference avoidance. ments. 74.631 Permissible service. 74.163 Time of operation. 74.632 Licensing requirements. 74.165 Posting of station license. 74.633 Temporary authorizations. 74.181 Station records. 74.634 Remote control operation. 74.182 Program service and charges. 74.635 Unattended operation. 74.183 Station identification. 74.636 Power limitations. 74.184 Rebroadcasts. 74.637 Emissions and emission limitations. 74.638 Frequency coordination. Subparts B—C [Reserved] 74.641 Antenna systems. 74.643 Interference to geostationary-sat- Subpart D—Remote Pickup Broadcast ellites. Stations 74.644 Minimum path lengths for fixed links. 74.401 Definitions. 74.651 Equipment changes. 74.402 Frequency assignment. 74.655 Authorization of equipment. 74.403 Frequency selection to avoid inter- 74.661 Frequency tolerance. ference. 74.662 Frequency monitors and measure- 74.431 Special rules applicable to remote ments. pickup stations. 74.663 Modulation limits. 74.432 Licensing requirements and proce- 74.664 Posting of station license. dures. 74.682 Station identification. 74.433 Temporary authorizations. 74.434 Remote control operation. Subpart G—Low Power TV, TV Translator, 74.436 Special requirements for automatic and TV Booster Stations relay stations. 74.451 Certification of equipment. 74.701 Definitions. 74.452 Equipment changes. 74.702 Channel assignments. 74.461 Transmitter power. 74.703 Interference. 74.462 Authorized bandwidth and emissions. 74.705 TV broadcast analog station protec- 74.463 Modulation requirements. tion. 74.464 Frequency tolerance. 74.706 Digital TV (DTV) station protection. 74.465 Frequency monitors and measure- 74.707 Low power TV and TV translator sta- ments. tion protection. 74.482 Station identification. 74.709 Land mobile station protection. 74.731 Purpose and permissible service. Subpart E—Aural Broadcast Auxiliary 74.732 Eligibility and licensing require- Stations ments. 74.733 UHF translator signal boosters. 74.501 Classes of aural broadcast auxiliary 74.734 Attended and unattended operation. stations. 74.735 Power limitations. 74.502 Frequency assignment. 74.736 Emissions and bandwidth. 74.503 Frequency selection. 74.737 Antenna location. 74.531 Permissible service. 74.750 Transmission system facilities. 74.532 Licensing requirements. 74.751 Modification of transmission sys- 74.533 Remote control and unattended oper- tems. ation. 74.761 Frequency tolerance.

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74.762 Frequency measurements. 74.982 Station identification. 74.763 Time of operation. 74.984 Retransmissions. 74.765 Posting of station and operator li- 74.985 Signal booster stations. censes. 74.986 Involuntary ITFS station modifica- 74.769 Copies of rules. tions. 74.780 Broadcast regulations applicable to 74.990 Use of available instructional tele- translators, low power, and booster sta- vision fixed service frequencies by wire- tions. less cable entities. 74.781 Station records. 74.991 cable application proce- 74.783 Station identification. dures. 74.784 Rebroadcasts. 74.992 Access to channels licensed to wire- less cable entities. Subpart H—Low Power Auxiliary Stations 74.996 Applicability of cable EEO require- ments to ITFS facilities. 74.801 Definitions. 74.802 Frequency assignment. 74.803 Frequency selection to avoid inter- Subparts J—K [Reserved] ference. 74.831 Scope of service and permissible Subpart L—FM Broadcast Translator transmissions. Stations and FM Broadcast Booster Stations 74.832 Licensing requirements and proce- 74.1201 Definitions. dures. 74.833 Temporary authorizations. 74.1202 Frequency assignment. 74.851 Certification of equipment. 74.1203 Interference. 74.852 Equipment changes. 74.1204 Protection of FM broadcast stations 74.861 Technical requirements. and FM translators. 74.882 Station identification. 74.1205 Protection of channel 6 TV broad- cast stations. Subpart I—Instructional Television Fixed 74.1231 Purpose and permissible service. Service 74.1232 Eligibility and licensing require- ments. 74.901 Definitions. 74.1233 Processing FM translator and boost- 74.902 Frequency assignments. er station applications. 74.903 Interference. 74.1234 Unattended operation. 74.910 Part 73 application requirements per- 74.1235 Power limitations and antenna sys- taining to ITFS stations. tems. 74.911 Processing of ITFS station applica- 74.1236 Emission and bandwidth. tions. 74.1237 Antenna location. 74.912 Petitions to deny. 74.1250 Transmitters and associated equip- 74.913 Selection procedure for mutually ex- ment. clusive ITFS applications. 74.1251 Technical and equipment modifica- 74.931 Purpose and permissible service. tions. 74.932 Eligibility and licensing require- 74.1261 Frequency tolerance. ments. 74.1262 Frequency monitors and measure- 74.933 Remote control operation. ments. 74.934 Unattended operation. 74.1263 Time of operation. 74.935 Power limitations. 74.1265 Posting of station license. 74.936 Emissions and bandwidth. 74.1269 Copies of rules. 74.937 Antennas. 74.1281 Station records. 74.938 Transmission standards. 74.1283 Station identification. 74.939 Special rules governing ITFS re- 74.1284 Rebroadcasts. sponse stations. 74.1290 FM translator and booster station 74.950 Equipment performance and installa- information available on the . tion. 74.951 Modification of transmission sys- ALPHABETICAL INDEX—PART 74 tems. AUTHORITY: 47 U.S.C. 154, 303, 307, and 554. 74.952 Acceptability of equipment for licens- ing. 74.961 Frequency tolerance. Subpart—General; Rules Applica- 74.962 Frequency monitors and measure- ble to All Services in Part 74 ments. 74.963 Time of operation. § 74.1 Scope. 74.965 Posting of station license. 74.969 Copies of rules. (a) The rules in this subpart are ap- 74.970 Modulation limits. plicable to the Experimental, Auxiliary 74.971 Modulation monitors and measure- and Special Broadcast, and Other Pro- ments. gram Distributional Services.

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(b) Rules in part 74 which apply ex- upon request to representatives of the clusively to a particular service are FCC. contained in that service subpart, as [47 FR 53022, Nov. 24, 1982] follows: Experimental Broadcast Sta- tions, subpart A; Remote Pickup § 74.5 Cross reference to rules in other Broadcast Stations, subpart D; Aural parts. Broadcast STL and Intercity Relay Certain rules applicable to Experi- Stations, subpart E; TV Auxiliary mental, Auxiliary, Special Broadcast Broadcast Stations, subpart F; Low and other Program Distribution serv- Power TV, TV Translator and TV ices, some of which are also applicable Booster Stations, subpart G; Low to other services, are set forth in the Power Auxiliary Stations, subpart H; following Parts of the FCC Rules and Instructional TV Fixed Service, sub- Regulations: part I; FM Broadcast Translator Sta- (a) Part 1, ‘‘Practice and procedure’’. tions and FM Broadcast Booster Sta- (1) Subpart A, ‘‘General Rules of tions, subpart L. Practice and Procedure’’. (§§ 1.1 to 1.120). (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 U.S.C. 158, 303) (2) Subpart B, ‘‘Hearing Proceed- ings’’. (§§ 1.120 to 1.364). [47 FR 53022, Nov. 24, 1982, and 49 FR 32583, (3) Subpart C, ‘‘Rulemaking Proceed- Aug. 15, 1984, as amended at 52 FR 31402, Aug. ings’’. (§§ 1.399 to 1.430). 20, 1987] (4) Subpart G, ‘‘Schedule of Statu- § 74.2 General definitions. tory Charges and Procedures for Pay- ment’’. (§§ 1.1101 to 1.1120). Broadcast network-entity. A broadcast (5) Subpart H, ‘‘Ex Parte Presen- network-entity is an organization tations’’. (§§ 1.1200 to 1.1216). which produces programs available for (6) Subpart I, ‘‘Procedures Imple- simultaneous transmission by 10 or menting the National Environmental more affiliated broadcast stations and Policy Act of 1969’’. (§§ 1.1301 to 1.1319). having distribution facilities or cir- (b) Part 2, ‘‘Frequency Allocations cuits available to such affiliated sta- and Radio Treaty Matters, General tions at least 12 hours each day. Rules and Regulations’’, including sub- Cable network-entity. A cable net- parts A, ‘‘Terminology’’; B, ‘‘Alloca- work-entity is an organization which tion, Assignments and Use of Radio produces programs available for simul- Frequencies’’; C, ‘‘Emissions’’; D, ‘‘Call taneous transmission by cable systems Signs and Other Forms of Identifying serving a combined total of at least Radio Transmissions’’; and J, ‘‘Equip- 5,000,000 subscribers and having dis- ment Authorization Proceedings’’. tribution facilities or circuits available (c) [Reserved] to such affiliated stations or cable sys- (d) Part 17, ‘‘Construction, Marking tems. and Lighting of Antenna Structures’’. [51 FR 4601, Feb. 6, 1986] (e) Part 73, ‘‘Radio Broadcast Serv- ices’’. § 74.3 FCC inspections of stations. [53 FR 2499, Jan. 28, 1988, as amended at 60 (a) The licensee of a station author- FR 55482, Nov. 1, 1995] ized under this part must make the station available for inspection by rep- § 74.12 Notification of filing of applica- resentatives of the FCC during the sta- tions. tion’s business hours, or at any time it The provisions of § 73.1030 ‘‘Notifica- is in operation. tion concerning interference to Radio (b) In the course of an inspection or Astronomy, Research, and Receiving investigation, an FCC representative Installations’’ apply to all stations au- may require special equipment tests or thorized under this part of the FCC program tests. Rules except the following: (c) The logs and records required by (a) Mobile remote pickup stations this part for the particular class or (subpart D). type of station must be made available (b) TV pickup stations (subpart F).

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(c) Low power auxiliary stations strued as approval by the Commission (subpart H). of the application for station license. [44 FR 58735, Oct. 11, 1979, as amended at 44 [38 FR 18378, July 10, 1973] FR 77167, Dec. 31, 1979; 47 FR 28388, June 30, 1982] § 74.15 Station license period. (a) Licenses for experimental broad- § 74.13 Equipment tests. cast stations will be issued for a one (a) During the process of construc- year period. tion of any class of radio station listed (b) Licenses for stations or systems in this part, the permittee, without in the Auxiliary Broadcast Service held further authority of the Commission, by a licensee of a broadcast station will may conduct equipment tests for the be issued for a period running concur- rently with the license of the associ- purpose of such adjustments and meas- ated broadcast station with which it is urements as may be necessary to as- licensed. Licenses held by eligible net- sure compliance with the terms of the works for the purpose of providing pro- construction permit, the technical pro- gram service to affiliated stations visions of the application therefor, the under subpart D of this part, and by el- technical requirements of this chapter, igible networks, opera- and the applicable engineering stand- tors, motion picture producers and tel- ards. evision program producers under sub- (b) Equipment tests may be contin- part H of this part will be issued for a ued so long as the construction permit period running concurrently with the shall remain valid. normal licensing period for broadcast (c) The authorization for tests em- stations located in the same area of op- bodied in this section shall not be con- eration. strued as constituting a license to op- (c) The license of an FM broadcast erate. booster station or a TV broadcast booster station will be issued for a pe- [38 FR 18378, July 10, 1973] riod running concurrently with the li- cense of the FM radio broadcast sta- § 74.14 Service or program tests. tion or TV broadcast station (primary (a) Upon completion of construction station) with which it is used. of a radio station in accordance with (d) Initial licenses for low power TV, the terms of the construction permit, TV translator, and FM translator sta- the technical provisions of the applica- tions will ordinarily be issued for a pe- tion therefor, technical requirements riod running until the date specified in of this chapter, and applicable engi- § 73.1020 of this chapter for full service neering standards, and when an appli- stations operating in their State or cation for station license has been filed Territory, or if issued after such date, showing the station to be in satisfac- to the next renewal date determined in accordance with § 73.1020 of this chap- tory operating condition, the permittee ter. Lower power TV and TV translator or any class of station listed in this station and FM translator station li- part may, without further authority of censes will ordinarily be renewed for 8 the Commission, conduct service or years. However, if the FCC finds that program tests. the public interest, convenience or ne- (b) Program test authority for sta- cessity will be served, it may issue ei- tions authorized under this part will ther an initial license or a renewal continue valid during Commission con- thereof for a lesser term. The FCC may sideration of the application for license also issue a license renewal for a short- and during this period further exten- er term if requested by the applicant. sion of the construction permit is not The time of expiration of all licenses required. Program test authority shall will be 3 a.m. local time, on the follow- be automatically terminated with final ing dates, and thereafter to the sched- action on the application for station li- ule for full service stations in their cense. states as reflected in § 73.1020 of this (c) The authorization for tests em- chapter: bodied in this section shall not be con- (1) Nevada:

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(i) FM translators, February 1, 1997. (ii) LPTV and TV translators, Feb- (ii) LPTV and TV translator, Feb- ruary 1, 1997 ruary 1, 1998. (14) Alaska, American Samoa, Guam, (2) California: Mariana Islands and Hawaii: (i) FM translators, April 1, 1997. (i) FM translators, April 1, 1996 (ii) LPTV and TV translators, April (ii) LPTV and TV translators, April 1, 1998 1, 1997 (3) Maine, Vermont, New Hampshire, (15) Colorado: Massachusetts, Connecticut, Rhodes Is- (i) FM translators, June 1, 1996 land, New York, New Jersey, Pennsyl- (ii) LPTV and TV translators, June 1, vania, Maryland, Delaware, West Vir- 1997 ginia, Ohio and the District of (16) New Mexico: Colbumia: (i) FM translators, August 1, 1996 (i) FM translators, June 1, 1997 (ii) LPTV and TV translators, August (ii) LPTV and TV translators, June 1, 1, 1997 1998 (17) Utah: (4) Virginia, North Carolina, South (i) FM translators, October 1, 1996 Carolina, Georgia, Florida, Alabama, (ii) LPTV and TV translators, Octo- Mississippi, Louisiana, Arkansas, Mis- ber 1, 1997 souri, Kentucky, Tennessee, Indiana, (18) Arizona: Illinois, Michigan, Wisconsin, Pureto (i) FM translators, December 1, 1996 Rico and the Virgin Islands: (ii) LPTV and TV translators, De- (i) FM translators, August 1, 1997 cember 1, 1997 (ii) LPTV and TV translators, August (e) Licenses for instructional tele- 1, 1998 vision fixed stations will be issued for a (5) Oklahoma and Texas: period of 10 years beginning with the (i) FM translators, October 1, 1997 date of grant. An application for re- (ii) LPTV and TV translators, Octo- newal of license (FCC Form 330–R) ber 1, 1998 shall be filed not later than the first (6) Kansas and Nebraska: day of the fourth full calendar month (i) FM translators, December 1, 1997 prior to the expiration date of the li- (ii) LPTV and TV translators, De- cense sought to be renewed. If the pre- cember 1, 1998 scribed deadline falls on a nonbusiness (7) Iowa and South Dakota: day, the cutoff shall be the close of (i) FM translators, February 1, 1998 business of the first full business day (ii) LPTV and TV translators, Feb- thereafter. ruary 1, 1999 (f) Licenses held by broadcast net- (8) Minnesota and North Dakota: work-entities under Subpart F will or- (i) FM translators, April 1, 1998 dinarily be issued for a period of 8 (ii) LPTV and TV translators, April years running concurrently with the 1, 1999 normal licensing period for broadcast (9) Wyoming: stations located in the same area of op- (i) FM translators, June 1, 1998 eration. An application for renewal of (ii) LPTV and TV translators, June 1, license (FCC Form 313–R) shall be filed 1999 not later than the first day of the (10) Montana: fourth full calendar month prior to the (i) FM translators, August 1, 1998 expiration date of the license sought to (ii) LPTV and TV translators, August be renewed. If the prescribed deadline 1, 1999 falls on a nonbusiness day, the cutoff (11) Idaho: shall be the close of business of the (i) FM translators, October 1, 1995 first full business day thereafter. (ii) LPTV and TV translators, Octo- (g) The license of an experimental ber 1, 1996 broadcast station, FM translator or (12) Washington: FM broadcast booster, TV translator or (i) FM translators, December 1, 1995 TV broadcast booster, or low power TV (ii) LPTV and TV translators, De- station will expire as a matter of law cember 1, 1996 upon failure to transmit broadcast sig- (13) Oregon: nals for any consecutive 12-month pe- (i) FM translators, February 1, 1996 riod notwithstanding any provision,

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term, or condition of the license to the ignated may be employed for other du- contrary. Further, if the license of any ties and for operation of other trans- AM, FM, or TV broadcasting station li- mitting stations if such other duties censed under part 73 of this chapter ex- will not interfere with the proper oper- pires for failure to transmit signals for ation of the station transmission sys- any consecutive 12-month period, the tems. licensee’s authorizations under part 74, [60 FR 55482, Nov. 1, 1995] subparts D, E, F, and H in connection with the operation of that AM, FM, or § 74.19 Special technical records. TV broadcasting station will also ex- pire notwithstanding any provision, The FCC may require a broadcast term, or condition to the contrary. auxiliary station licensee to keep oper- ating and maintenance records nec- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, essary to resolve conditions of actual 1068, 1082 (47 U.S.C. 154, 155, 303)) or potential interference, rule viola- tions, or deficient technical operation. [28 FR 13706, Dec. 14, 1963, as amended at 49 FR 32583, Aug. 15, 1984; 50 FR 26758, June 28, [48 FR 38482, Aug. 24, 1983] 1985; 52 FR 7142, Mar. 9, 1987; 52 FR 25604, July 8, 1987; 52 FR 31402, Aug. 20, 1987; 59 FR § 74.21 Broadcasting emergency infor- 63052, Dec. 7, 1994; 61 FR 28767, June 6, 1996; 62 mation. FR 5347, Feb. 5, 1997] (a) In an emergency where normal communication facilities have been § 74.16 Temporary extension of station licenses. disrupted or destroyed by storms, floods or other disasters, the stations Where there is pending before the licensed under this part may be oper- Commission any application, investiga- ated for the purpose of transmitting es- tion, or proceeding which, after hear- sential communications intended to al- ing, might lead to or make necessary leviate distress, dispatch aid, assist in the modification of, revocation of, or rescue operations, maintain order, or the refusal to renew an existing auxil- otherwise promote the safety of life iary or experimental broadcast station and property. In the course of such op- license or a television broadcast trans- eration, a station of any class may lator station license, the Commission communicate with stations of other in its discretion, may grant a temorary classes and in other services. However, extension of such license: Provided, such operation shall be conducted only however, That no such temporary ex- on the frequency or frequencies for tension shall be construed as a finding which the station is licensed and the by the Commission that the operation used power shall not exceed the maxi- of any radio station thereunder will mum authorized in the station license. serve public interest, convenience, and When such operation involves the use necessity beyond the express terms of of frequencies shared with other sta- such temporary extension of license: tions, licensees are expected to cooper- And provided further, That such tem- ate fully to avoid unnecessary or dis- porary extension of license will in no ruptive interference. wise affect or limit the action of the (b) Whenever such operation involves Commission with respect to any pend- communications of a nature other than ing application or proceeding. those for which the station is licensed [28 FR 13706, Dec. 14, 1963, as amended at 37 to perform, the licensee shall, at the FR 25843, Dec. 5, 1972] earliest practicable time, notify the FCC in Washington, DC of the nature § 74.18 Transmitter control and oper- of the emergency and the use to which ation. the station is being put and shall sub- Except where unattended operation sequently notify the same offices when is specifically permitted, the licensee the emergency operation has been ter- of each station authorized under the minated. provisions of this part shall designate a (c) Emergency operation undertaken person or persons to activate and con- pursuant to the provisions of this sec- trol its transmitter. At the discretion tion shall be discontinued as soon as of the station licensee, persons so des- substantially normal communications

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facilities have been restored. The Com- short test operations may be made dur- mission may at any time order dis- ing the period of suspended operation continuance of such operation. to check the efficacy of remedial meas- ures. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 155, 303)) [47 FR 1395, Jan. 13, 1982] [28 FR 13706, Dec. 14, 1963, as amended at 37 § 74.24 Short-term operation. FR 25843, Dec. 5, 1972; 44 FR 65765, Nov. 15, 1979; 47 FR 40175, Sept. 13, 1982] The classes of broadcast auxiliary stations provided for in subparts D, E, § 74.22 Use of common antenna struc- F and H of this part may be operated ture. on a short-term basis under the author- The simultaneous use of a common ity conveyed by a part 73 license with- antenna structure by more than one out prior authorization from the FCC, station authorized under this part, or subject to the following conditions: by one or more stations of any other (a) The part 73 licensee of this chap- service may be authorized. The owner ter must be eligible to operate the par- of each antenna structure is respon- ticular class of broadcast auxiliary sta- sible for ensuring that the structure, if tion. required, is painted and/or illuminated (b) The short-term broadcast auxil- in accordance with part 17 of this chap- iary station shall be operated in con- ter. In the event of default by the formance with all normally applicable owner, each licensee or permittee shall regulations to the extent they are not be responsible for ensuring that the superceded by specific provisions of structure complies with applicable this section. painting and lighting requirements. (c) Short-term operation is on a sec- [61 FR 4368, Feb. 6, 1996] ondary, non-interference basis to regu- larly authorized stations and shall be § 74.23 Interference jeopardizing safe- discontinued immediately upon notifi- ty of life or protection of property. cation that perceptible interference is (a) The licensee of any station au- being caused to the operation of a regu- thorized under this part that causes larly authorized station. Short-term harmful interference, as defined in § 2.1 station operators shall, to the extent of the Commission’s rules, to radio practicable, use only the effective radi- communications involving the safety ated power and antenna height nec- of life or protection of property shall essary for satisfactory system perform- promptly eliminate the interference. ance. (b) If harmful interference to radio (d) Short-term operation by a part 73 communications involving the safety licensee shall not exceed 720 hours an- of life or protection of property cannot nually per frequency. be promptly eliminated and the Com- NOTE: Certain frequencies shared with mission finds that there exists an im- other services which are normally available minent danger to safety of life or pro- for permanent broadcast auxiliary station tection of property, pursuant to 47 assignment may not be available for short- U.S.C. 312 (b) and (e) and 5 U.S.C. 558, term operation. Refer to any note(s) which operation of the offending equipment may be applicable to the use of a specific fre- shall temporarily be suspended and quency prior to initiating operation. shall not be resumed until the harmful (e) The antenna height of a station interference has been eliminated or the operated pursuant to this section shall threat to the safety of life or property not increase the height of any man- has passed. In situations where the pro- made antenna supporting structure, or tection of property alone is jeopard- increase by more than 6.1 meters (20 ized, before taking any action under feet) the height of any other type of this paragraph, the Commission shall man-made structure or natural forma- balance the nature and extent of the tion. However, the facilities of an au- possible property damage against the thorized broadcast auxiliary station potential harm to a licensee or the belonging to another licensee may be public caused by suspending part 74 op- operated in accordance with the terms erations. When specifically authorized, of its outstanding authorization.

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(f) Stations operated pursuant to this east of which frequency assignments are section shall be identified by the trans- similarly coordinated and which begins at mission of the of the associ- the intersection of 70° N., 144° W., then by ated broadcast station. great circle arc to the intersection of 60° N., (g) The part 73 licensee of this chap- 143° W., then by great circle arc so as to in- ter, prior to operating pursuant to the clude all of the Alaskan Panhandle. provisions of this section shall, for the (2) A broadcast auxiliary service sta- intended location or area-of-operation, tion operating on frequencies between notify the appropriate frequency co- 470 MHz and 1 GHz must be at least 56.3 ordination committee or any li- kilometers (35 miles) south (or west, as censee(s) assigned the use of the pro- appropriate of the United States-Can- posed operating frequency, concerning ada border if the antenna looks within the particulars of the intended oper- a 200° sector toward the border; or, the ation and shall provide the name and telephone number of a person who may station must be at least 8.1 kilometers be contacted in the event of inter- (5 miles) south (or west, as appropriate) ° ference. Information on active fre- if the antenna looks within a 160 sec- quency coordination committees may tor away from the border. However, op- be obtained by contacting the FCC’s eration is not permitted in either of Auxiliary Services Branch at (202) 634– these two situations if the station 6307 between 8:00 a.m. and 4:30 p.m. would be within the coordination dis- Eastern Time. Except as provided tance of a receiving earth station in below, this notification provision shall Canada which uses the same frequency not apply where an unanticipated need band. (The coordination distance is the for immediate short-term mobile sta- distance, calculated for any station, tion operation would render compli- according to Appendix 28 of the Inter- ance with the provisions of this para- national Radio Regulations.) graph impractical. (3) A broadcast auxiliary service sta- (1) A CARS licensee shall always be tion operating on frequencies above 1 given advance notification prior to the GHz shall not be located within the co- commencement of short-term oper- ordination distance of a receiving earth ation on or adjacent to an assigned fre- quency. station in Canada which uses the same (h) Short-term operation is limited frequency band. (The coordination dis- to areas south or west of the United tance is the distance, calculated for States-Canada border as follows: any station, according to Appendix 28 (1) Use of broadcast auxiliary service of the international Radio Regula- frequencies below 470 MHz is limited to tions.) areas of the United States south of (i) Short-term operation of a remote Line A or west of Line C unless the ef- pickup broadcast , a re- fective radiated power of the station is mote pickup automatic relay station, 5 watts or less. an aural broadcast STL station, an

NOTE: Line A is a line above which fre- aural broadcast intercity relay station, quency assignments made by the Federal a TV STL station, a TV intercity relay Communications Commission are coordi- station or a TV translator relay sta- nated with the Canadian Department of tion in the National Radio Quiet Zone, Communications and which begins at Aber- the Table Mountain Radio Receiving deen, Washington, running by great circle Zone, or near FCC monitoring stations arc to the intersection of 48° N., 120° W., then along parallel 48° N., to the intersection of is subject to the same advance notifi- 95° W., then by great circle arc through the cation procedures applicable to regular southernmost point of Duluth, Minnesota, applications as provided for in §§ 73.1030 then by great circle arc to 45° N., 85° W., then and 74.12, except that inasmuch as southward along meridian 85° W., to its short-term operation does not involve intersection with parallel 41° N., then along parallel 41° N., to its intersection with me- an application process, the provisions ridian 82° W., then by great circle arc relating to agency objection proce- through the southernmost point of Bangor, dures shall not apply. It shall simply Maine, then by great circle arc through the be necessary for the part 73 licensee of southernmost point of Searsport, Maine, at this chapter to contact the potentially which point it terminates. Line C is a line

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affected agency and obtain advance ap- the information in the technical por- proval for the proposed short-term op- tion of the FCC license application is eration. Where protection to FCC mon- adequate notification. After receipt of itoring stations is concerned, approval such applications in non-emergency for short-term operation may be given situations, the Commission will allow by the local Engineer-in-Charge. the Arecibo Observatory a period of 20 (j)(1) This paragraph applies only to days for comments or objections in re- operations which will transmit on fre- sponse to the notification indicated. quencies under 15 GHz. Prior to com- The applicant will be required to make mencing short-term operation of a re- reasonable efforts in order to resolve or mote pickup broadcast station, a re- mitigate any potential interference mote pickup automatic relay station, problem with the Arecibo Observatory an aural broadcast STL station, an and to file either an amendment to the aural broadcast intercity relay station, application or a modification applica- a TV STL station, a TV intercity relay tion, as appropriate. If the Commission station, a TV translator relay station, determines that an applicant has satis- a TV pickup station, or a TV micro- fied its responsibility to make reason- wave booster station within the 4-mile able efforts to protect the Observatory (6.4 kilometer) radius Commonwealth from interference, its application may of Puerto Rico Protection Zone (cen- be granted. In emergency situations in tered on NAD–83 Geographical Coordi- which prior notification or approval is nates North Latitude 18°20′38.28″, West not practicable, notification or ap- Longitude 66°45′09.42″), an applicant proval must be accomplished as soon as must notify the Arecibo Observatory, possible after operations begin. located near Arecibo, Puerto Rico. Op- erations within the Puerto Rico Co- (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; ordination Zone (i.e., ον τηε ισλανδσ οφ 47 U.S.C. 158, 303) Πθερτο Ριψο, ∆εσεψηεο, Μονα, Ωιεϕθεσ, ορ Ψθλεβρα), βθτ οθτσιδε τηε Προτεψτιον Ζονε, [47 FR 9219, Mar. 4, 1982, as amended at 49 FR ςηετηερ σηορτ τερµ ορ λονγ τερµ, σηαλλ 34356, Aug. 30, 1984; 50 FR 23709, June 5, 1985; 62 FR 55532, Oct. 27, 1997] προωιδε νοτιφιψατιον το τηε Αρεψιβο Οβσερωατορυ πριορ το ψοµµενψινγ § 74.28 Additional orders. οπερατιον. Νοτιφιψατιον σηοθλδ βε διρεψτεδ In case the rules contained in this το τηε φολλοςινγ™ Ιντερφερενψε Οφφιψε, Αρεψιβο Οβσερωατορυ, Ποστ Οφφιψε Βοχ part do not cover all phases of oper- 995, Αρεψιβο, Πθερτο Ριψο 00613, Τελ. (809) ation or experimentation with respect to external effects, the FCC may make 878±2612, Φαχ (809) 878±1861, Ε-µαιλ supplemental or additional orders in πρψζ@ναιψ.εδθ. (2) Notification of short-term oper- each case as may be deemed necessary. ations may be provided by telephone, [47 FR 53022, Nov. 24, 1982] , or electronic mail. The notifica- tion for long-term operations shall be § 74.30 Antenna structure, marking written or electronic, and shall set and lighting. forth the technical parameters of the The provisions of part 17 of the FCC proposed station, including the geo- rules (Construction, Marking, and graphical coordinates of the antenna Lighting of Antenna Structures) re- (NAD–83 datum), antenna height above quire certain antenna structures to be , ground elevation at the an- painted and/or lighted in accordance tenna, antenna directivity and gain, with the provisions of §§ 17.47 through proposed frequency and FCC Rule Part, 17.56 of the FCC rules. type of emission, , and whether the proposed use is [47 FR 53022, Nov. 24, 1982] itinerant. Applicants may wish to con- sult interference guidelines, which will § 74.32 Operation in the 17.8–19.7 GHz be provided by Cornell University. In band. addition, the applicant shall indicate (a) To minimize or avoid harmful in- in its application to the Commission terference to Government Satellite the date notification was made to the Earth Stations located in the Denver, Observatory. Generally, submission of Colorado and Washington, DC areas,

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any application for a new station li- Subpart A—Experimental cense to operate in the 17.8–19.7 GHz Broadcast Stations band, or for modification of an existing station license in this band which § 74.101 Experimental broadcast sta- would change the frequency, power, tion. emission, modulation, polarization, an- The term experimental broadcast sta- tenna height or directivity, or location tion means a station licensed for exper- of such a station, must be coordinated imental or developmental transmission with the Federal Government by the of radio telephony, television, fac- Commission before an authorization simile, or other types of telecommuni- will be issued, if the station or pro- cation services intended for reception posed station is located in whole or in and use by the general public. part within any of the areas defined by the following rectangles or circles: (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 U.S.C. 158, 303) Denver, CO Area [49 FR 32583, Aug. 15, 1984] Rectangle 1: ° ′ ″ § 74.102 Uses of experimental broad- 41 30 00 N. Lat. on the north cast stations. 103°10′00″ W. Long. on the east 38°30′00″ N. Lat. on the south A license for an experimental broad- 106°30′00″ W. Long. on the west cast station will be issued for the pur- Rectangle 2: poses of carrying on research and ex- 38°30′00″ N. Lat. on the north perimentation for the development and 105°00′00′ W. Long. on the east advancement of new broadcast tech- 37°30′00″ N. Lat. on the south nology, equipment, systems or services 105°50′00″ W. Long. on the west which are more extensive or require Rectangle 3: other modes of transmission than can 40°08′00″ N. Lat. on the north be accomplished by using a licensed 107°00′00″ W. Long. on the east broadcast station under an experi- 39°56′00″ N. Lat. on the south mental authorization (see § 73.1510). 107°15′00″ W. Long. on the west (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; Washington, DC Area 47 U.S.C. 158, 303) Rectangle [49 FR 32583, Aug. 15, 1984] 38°40′00″ N. Lat. on the north 78°50′00″ W. Long. on the east § 74.103 Frequency assignment. 38°10′00″ N. Lat. on the south (a) Frequencies allocated to broad- 79°20′00″ W. Long. on the west casting and the various categories of auxiliary stations, in the FCC’s Table or of Frequency Allocations (Part 2 of (b) Within a radius of 178 km of this chapter), may be assigned respec- ° ′ ″ ° ′ ″ 38 48 00 N. Lat./76 52 00 W. Long. tively to experimental broadcast and (c) In addition, no application seek- experimental auxiliary stations. ing authority to operate in the 17.8–19.7 (b) More than one frequency may be GHz band will be accepted for filing if assigned upon a satisfactory showing of the proposed station is located within the need therefor. 20 km of the following coordinates: (c) Frequencies best suited to the ° ′ ″ ° ′ ″ purpose of the experimentation and on Denver, CO area: 39 43 00 N. Lat./104 46 00 W. which there appears to be the least Long. likelihood of interference to estab- Washington, DC area: 38°48′00″ N. Lat. / 76°52′00″ W. Long. lished stations shall be selected. (d) In a case of important experimen- NOTE TO § 74.32: The coordinates cited in tation which cannot be feasibly con- this section are specified in terms of the ‘‘North American Datum of 1983 (NAD 83)’’ ducted on frequencies allocated to with an accuracy of ±30 METERS WITH RESPECT broadcasting or the various categories TO THE ‘‘NATIONAL SPACIAL REFERENCE SYS- of auxiliary stations, the FCC may au- TEM’’. thorize an experimental station of any class to operate on other frequencies [62 FR 55537, Oct. 27, 1997] upon a satisfactory showing of the need

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therefore and a showing that the pro- rules contained in part 1 of this chap- posed operation can be conducted with- ter is required. out causing harmful interference to es- tablished services. However, experi- (Sec. 319, 48 Stat. 1089, as amended; 47 U.S.C. mental operation which looks toward 319; secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 U.S.C. 158, 303) the development of radio transmitting apparatus or the rendition of any type [28 FR 13706, Dec. 14, 1963, as amended at 49 of regular service using such fre- FR 32583, Aug. 15, 1984; 55 FR 20398, May 16, 1990; 61 FR 28767, June 6, 1996] quencies will not be authorized prior to a determination by the FCC that the § 74.113 Supplementary reports with development of such apparatus or the application for renewal of license. rendition of such service would serve (a) A report shall be filed with each the public interest. application for renewal of experimental broadcast station license which shall (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; include a statement of each of the fol- 47 U.S.C. 158, 303) lowing: [28 FR 13706, Dec. 14, 1963, as amended at 49 (1) Number of hours operated. FR 32583, Aug. 15, 1984] (2) Full data on research and experi- mentation conducted including the § 74.112 Supplementary statement types of transmitting and studio equip- with application for construction ment used and their mode of operation. permit. (3) Data on expense of research and A supplementary statement shall be operation during the period covered. filed with, and made a part of, each ap- (4) Power employed, field intensity plication for construction permit for measurements and visual and aural ob- servations and the types of instru- any experimental broadcast station ments and receivers utilized to deter- confirming the applicant’s understand- mine the station service area and the ing: efficiency of the respective types of (a) That all operation upon the fre- transmissions. quency requested is for experimental (5) Estimated degree of public par- purposes only. ticipation in reception and the results (b) That the frequency requested may of observations as to the effectiveness not be the best suited to the particular of types of transmission. experimental work to be carried on. (6) Conclusions, tentative and final. (c) That the frequency requested need (7) Program of further developments not be allocated for any service that in broadcasting. may be developed as a result of the ex- (8) All developments and major perimental operation. changes in equipment. (d) That any frequency which may be (9) Any other pertinent develop- assigned is subject to change without ments. advance notice or hearing. (b) Special or progress reports shall (e) That any authorization issued be submitted from time to time as the pursuant to the application may be Commission shall direct. cancelled at any time without notice (Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. or hearing, and will expire as a matter 308; secs. 4, 303, 48 Stat., as amended, 1066, of law if the station fails to transmit 1032; 47 U.S.C. 158, 303) broadcast signals for any consecutive [28 FR 13706, Dec. 14, 1963, as amended at 49 12-month period, notwithstanding any FR 32583, Aug. 15, 1984] provision, term, or condition of the li- cense to the contrary. § 74.131 Licensing requirements, nec- (f) That if approval of the experi- essary showing. mental broadcast station may have a (a) An applicant for a new experi- significant environmental impact, see mental broadcast station, change in fa- § 1.1307 of this chapter, submission of cilities of any existing station, or an environmental assessment, under modification of license is required to § 1.1311 of this chapter, and compliance make a satisfactory showing of compli- with the Commission’s environmental ance with the general requirements of

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the Communications Act of 1934, as ployed for similar equipment operated amended, as well as the following: within the frequency range authorized. (1) That the applicant has a definite program of research and experimen- (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; tation in the technical phases of broad- 47 U.S.C. 158, 303) casting which indicates reasonable [49 FR 32583, Aug. 15, 1984] promise of substantial contribution to the developments of the broadcasting § 74.133 Emission authorized. art. In case emission of a different type (2) That upon the authorization of than that specified in the license is the proposed station the applicant can necessary or desirable in carrying on and will proceed immediately with its any phases of experimentation, appli- program of research and experimen- cation setting out fully the needs shall tation. be made by informal application. (3) That the transmission of signals [28 FR 13706, Dec. 14, 1963] by radio is essential to the proposed program of research and experimen- § 74.134 Multiple ownership. tation. No persons (including all persons (4) That the program of research and under common control) shall control, experimentation will be conducted by directly or indirectly, two or more ex- qualified personnel. perimental broadcast stations unless a (b) A license of an experimental showing is made that the program of broadcast station will not authorize ex- research requires a licensing of two or clusive use of any frequency. In case more separate stations. interference would be caused by simul- [49 FR 32584, Aug. 15, 1984] taneous operation of stations licensed experimentally, such licensees shall § 74.151 Equipment changes. endeavor to arrange satisfactory time The licensee of an experimental division. If such agreement cannot be broadcast station may make any reached, the FCC will determine and changes in the equipment that are specify the time division. deemed desirable or necessary pro- (c) A license for an experimental vided: broadcast station will be issued only on (a) That the operating frequency is the condition that no objectionable in- not permitted to deviate more than the terference to the regular program allowed tolerance; transmissions of broadcast stations (b) That the emissions are not per- will result from the transmissions of mitted outside the authorized band; the experimental stations. (c) That the power output complies (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; with the license and the regulations 47 U.S.C. 158, 303) governing the same; and (d) That the transmitter as a whole [28 FR 13706, Dec. 14, 1963, as amended at 49 or output power rating of the transmit- FR 32583, Aug. 15, 1984] ter is not changed. § 74.132 Power limitations. (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; The license for experimental broad- 47 U.S.C. 158, 303) cast stations will specify the maximum [28 FR 13706, Dec. 14, 1963, as amended at 49 authorized power. The operating power FR 32584, Aug. 15, 1984] shall not be greater than necessary to carry on the service and in no event TECHNICAL OPERATION AND OPERATORS more than 5 percent above the maxi- mum power specified. Engineering § 74.161 Frequency tolerances. standards have not been established for The departure of the carrier fre- these stations. The efficiency factor for quency or frequencies of an experi- the last radio stage of transmitters em- mental broadcast station must not ex- ployed will be subject to individual de- ceed the tolerance specified in the in- termination but shall be in general strument of authorization. For modes agreement with values normally em- of transmission that do not have a

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resting or center carrier frequency, the § 74.181 Station records. occupied bandwidth of the station (a) The licensee of each experimental transmissions may not exceed that broadcast station must maintain ade- specified in the instrument of author- quate records of the operation, includ- ization. ing: (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; (1) Information concerning the na- 47 U.S.C. 158, 303) ture of the experimental operation and the periods in which it is being con- [49 FR 32584, Aug. 15, 1984] ducted. (2) Information concerning any spe- § 74.162 Frequency monitors and measurements. cific data requested by the FCC. (b) Station records must be retained The licensee of an experimental for a period of two years. broadcast station shall provide the nec- essary means for determining that the (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; frequency of the station is within the 47 U.S.C. 158, 303) allowed tolerance. The date and time [49 FR 32584, Aug. 15, 1984] of each frequency check, the frequency as measured, and a description or iden- § 74.182 Program service and charges. tification of the method employed shall be entered in the station log. Suf- (a) The licensee of an experimental ficient observations shall be made to broadcast station may transmit pro- insure that the assigned carrier fre- gram material only when necessary to quency is maintained within the pre- the experiments being conducted, and scribed tolerance. no regular program service may be broadcast unless specifically author- (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; ized. 47 U.S.C. 158, 303) (b) The licensee of an experimental broadcast station may make no [49 FR 32584, Aug. 15, 1984] charges nor ask for any payment, di- § 74.163 Time of operation. rectly or indirectly, for the production or transmission of any programming or (a) Unless specified or restricted information used for experimental hours of operation are shown in the broadcast purposes. station authorization, experimental broadcast stations may be operated at (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; any time and are not required to ad- 47 U.S.C. 158, 303) here to a regular schedule of operation. [49 FR 32584, Aug. 15, 1984] (b) The FCC may limit or restrict the periods of station operation in the § 74.183 Station identification. event interference is caused to other broadcast or nonbroadcast stations. Each experimental broadcast station (c) The FCC may require that an ex- shall make aural or visual announce- perimental broadcast station conduct ments of its call letters and location at such experiments as are deemed desir- the beginning and end of each period of able and reasonable for development of operation, and at least once every hour the type of service for which the sta- during operation. tion was authorized. (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 U.S.C. 158, 303) (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 U.S.C. 158, 303) [49 FR 32584, Aug. 15, 1984]

[49 FR 32584, Aug. 15, 1984] § 74.184 Rebroadcasts. § 74.165 Posting of station license. (a) The term rebroadcast means recep- tion by radio of the programs or other The instrument of authorization or a transmissions of a broadcast station, clearly legible photocopy thereof shall and the simultaneous or subsequent re- be available at the transmitter site. transmission of such programs or [60 FR 55482, Nov. 1, 1995] transmissions by a broadcast station.

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(1) As used in this section, the word during one cycle under ‘‘program’’ includes any complete pro- conditions of no modulation. gram or part thereof. Mean power. The power at the output (2) The transmission of a program terminals of a transmitter during nor- from its point of origin to a broadcast mal operation, averaged over a time station entirely by common carrier fa- sufficiently long compared with the pe- cilities, whether by wire line or radio, riod of the lowest frequency encoun- is not considered a rebroadcast. tered in the modulation. A time of 1/10 (3) The broadcasting of a program re- second during which the mean power is layed by a remote broadcast pickup greatest will be selected normally. station is not considered a rebroadcast. Necessary bandwidth. For a given (b) No licensee of an experimental class of emission, the minimum value broadcast station may retransmit the of the occupied bandwidth sufficient to program of another U.S. broadcast sta- ensure the transmission of information tion without the express authority of at the rate and with the quality re- the originating station. A copy of the quired for the system employed, under written consent of the licensee origi- nating the program must be kept by specified conditions. Emissions useful the licensee of the experimental broad- for the good functioning of the receiv- cast station retransmitting such pro- ing equipment, as for example, the gram and made available to the FCC emission corresponding to the carrier upon request. of reduced carrier systems, shall be in- cluded in the necessary bandwidth. (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; Occupied bandwidth. The frequency 47 U.S.C. 158, 303) bandwidth such that, below its lower [49 FR 32584, Aug. 15, 1984] and above its upper frequency limits, the mean powers radiated are each equal to 0.5 percent of the total mean Subparts B—C [Reserved] power radiated by a given emission. Operational communications. Commu- Subpart D—Remote Pickup nications concerning the technical and Broadcast Stations programming operation of a broadcast station and its auxiliaries. § 74.401 Definitions. Remote control operation. Operation of Associated broadcasting station(s). The a base station by a properly designated broadcasting station or stations with person on duty at a control position which a remote pickup broadcast sta- from which the transmitter is not visi- tion or system is licensed as an auxil- ble but that position is equipped with iary and with which it is principally suitable controls so that essential used. functions can be performed therefrom. The occupied Authorized bandwidth. Remote pickup broadcast base station. or necessary bandwidth, whichever is A remote pickup broadcast station au- greater, authorized to be used by a sta- thorized for operation at a specified lo- tion. cation. Automatic relay station. A remote pickup broadcast base station which is Remote pickup broadcast mobile station. actuated by automatic means and is A remote pickup broadcast station au- used to relay transmissions between re- thorized for use while in motion or dur- mote pickup broadcast base and mobile ing halts at unspecified locations. (As stations, between remote pickup broad- used in this subpart, mobile stations cast mobile stations and from remote include hand-carried, pack-carried and pickup broadcast mobile stations to other portable transmitters.) broadcasting stations. (Automatic op- Remote pickup broadcast stations. A eration is not operation by remote con- term used in this subpart to include trol.) both remote pickup broadcast base sta- Carrier power. The average power at tions and remote pickup broadcast mo- the output terminals of a transmitter bile stations. (other than a transmitter having a sup- Remote pickup mobile repeater unit. A pressed, reduced or controlled carrier) vehicular receiver-transmitter repeater

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8 5 5 used to provide extended communica- Group K 2 (MHz): 161.64 ; 161.67 ; tions range for a low-power hand-car- 161.70 5 ; 161.73 5 ; 161.76 5. ried or pack-carried transmitter. (5) Group L (MHz): 166.25 4. Station. As used in this subpart, each Group M (MHz): 170.15 4. remote pickup broadcast transmitter, (6) Group N1 (MHz): 450.050; 450.150; and its associated accessory equipment 450.250; 450.350; 450.450; 450.550; 455.050; necessary to the radio communication 455.150; 455.250; 455.350; 455.450; 455.550. function, constitutes a separate sta- tion. Group N2 (MHz): 450.0875; 450.1125; Studio. Any room or series of rooms 450.1875; 450.2125; 450.2875; 450.3125; equipped for the regular production of 450.3875; 450.4125; 450.4875; 450.5125; broadcast programs of various kinds. A 450.5875; 450.6125; 455.0875; 455.1125; broadcasting booth at a stadium, con- 455.1875; 455.2125; 455.2875; 455.3125; vention hall, church, or other similar 455.3875; 455.4125; 455.4875; 455.5125; place is not considered to be a studio. 455.5875; 455.6125. Systems. A complete remote pickup (7) Group P (MHz): 450.01 6, 450.026 ; broadcast facility consisting of one or 450.98 6; 450.99 6; 455.01 6; 455.02 6; 455.98 6; more mobile stations and/or one or 455.99 6. more base stations authorized pursuant (8) Group R (MHz): 450.650, 450.700, to a single license. 450.750, 450.800, 450.850, 455.650, 455.700, [41 FR 29686, July 19, 1976, as amended at 42 455.750, 455.800, 455.850. FR 14728, Mar. 16, 1977; 47 FR 28388, June 30, Group S (MHz): 450.925, 455.925. 1982; 47 FR 54448, Dec. 3, 1982; 51 FR 4601, Feb. (b) The following frequencies are al- 6, 1986] located for assignment to remote pick- § 74.402 Frequency assignment. up broadcast stations in Puerto Rico and the Virgin Islands only: (a) The following frequencies may be assigned for use by remote broadcast pickup stations and broadcast net- mission’s Rules and Regulations. Applica- work-entities. Frequencies between tions for licenses to use frequencies in this 450.025–450.975 and 455.025–455.975 MHz group must include statements showing what procedures will be taken to insure that may also be assigned for use by cable interference will not be caused to stations in network-entities. the Industrial/Business Pool. (1) Group A (kHz): 1606, 1 1622, 1646. 4 Operation on the frequencies 166.25 MHz (2) Group D (MHz): 25.87, 2 26.15, 26.25, and 170.15 MHz is not authorized (i) within 26.35. the area bounded on the west by the Mis- 2 sissippi River, on the north by the parallel of Group E (MHz): 25.91, 26.17, 26.27, latitude 37°30′ N., and on the east and south 26.37. by the arc of the circle with center at Group F (MHz): 25.95; 2 26.19; 26.29; Springfield, Ill., and radius equal to the air- 26.39. line distance between Springfield, Ill., and Group G (MHz): 25.99; 2 26.21; 26.31; Montgomery, Alabama, subtended between 26.41. the foregoing west and north boundaries; (ii) Group H (MHz): 26.03; 2 26.23; 26.33; within 241.4 kilometers (150 miles) of New 26.43. York City; and (iii) in Alaska or outside the (3) Group I (MHz): 26.07; 2 26.11; 26.45. continental United States; and is subject to the condition that no harmful interference is Group J (MHz): 26.09; 2 26.13; 26.47. caused to government radio stations in the 8 3 3 (4) Group K 1 (MHz): 152.87 , 152.93 , band 162–174 MHz. 3 3 3 3 3 152.99 , 153.05 , 153.11 , 153.17 , 153.23 , 5 These frequencies may not be used by re- 153.29 3, 153.35 3. mote pickup stations in Puerto Rico or the Virgin Islands. In other areas, certain exist- 1 Subject to the condition that no harmful ing stations in the Public Safety Pool and interference is caused to the reception of Industrial/Business Pool have been permitted standard broadcasting stations. to continue operation on these frequencies 2 Subject to the condition that no harmful on condition that no harmful interference is interference is caused to stations in the caused to remote pickup broadcast stations. broadcasting service. 6 The use of these frequencies is limited to 3 Subject to the condition that no harmful operational communications, including interference is caused to stations operating tones for signalling and for remote control in accordance with the Table of Frequency and automatic transmission system control Allocations set forth in Part 2 of the Com- and telemetry.

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160.89 MHz, 160.95 MHz, 160.01 MHz, 450.98, 450.99, 455.01, 455.02, 455.98, 455.99 MHz) 161.07 MHz, 161.13 MHz, 161.19 MHz, shall be in accordance with the ‘‘priority of 161.25 MHz, 161.31 MHz, 161.37 MHz. use’’ provisions in § 74.403(b). The channel will be assigned by its center frequency, NOTE: These frequencies are shared with channel bandwidth, and emission designator. the Industrial/Business Pool. The frequencies listed in this section rep- resent the center of the channel or channel (c) For licensing purposes, a single segment. system will consist of transmitters au- (a) The following channels (except 1606, thorized to use the following combina- 1622, and 1646 kHz) may be assigned for us by tions of frequency groups in a single broadcast remote pickup stations using any area: emission (other than single sideband or (1) Group A. pulse) that will be in accordance with the (2) One group from Groups D, E, F, G, provisions of § 74.462. The channels 1606, 1622, or H; and/or either I or J. and 1646 kHz are limited to A3E emission. (1) MF Channels: 1606, 1622, and 1646 kHz; (3) Groups K1 and K2, and/or either L Maximum authorized channel bandwidth: 10 or M. kHz; The channel 1606 kHz is subject to the (4) Groups N1 and R. condition listed in subparagraph (e)(1) of this (5) Group N2. Section. (6) Group P. (2) HF Channels: 25.87, 25.91, 25.95, 25.99, (7) Group S. 26.03, 26.07, 26.09, 2.611, 26.13, 26.15, 26.17, 26.21, (d) License applicants shall request 26.23, 26.25, 26.27, 26.29, 26.31, 26.33, 26.35, 26.37, assignment of only those frequencies, 26.39, 26.41, 26.43, 26.45, and 26.47 MHz; Maxi- mum authorized channel bandwidth: 20 kHz, both in number and channel band- except the channels 25.87–26.03 MHz are 40 width, necessary for satisfactory oper- kHz; The channels 25.87–26.09 MHz are subject ation. A licensee may operate a remote to the condition listed in subparagraph (e)(2) pickup broadcast system only if the of this Section. system is equipped to operate on all as- (3) VHF Channels: 166.25 and 170.15 MHz; signed frequencies. It is not necessary Maximum authorized channel bandwidth: 25 that each transmitter within a system kHz; These channels are subject to the condi- be equipped to operate on all author- tion listed in subparagraph (e)(8) of this Sec- tion. ized system frequencies. (4) UHF Channels: 450.01, 450.02, 450.98, (e) Remote pickup broadcast stations 450.99, 455.01, 455.02, 455.98, 455.99 MHz; Maxi- or systems will not be granted exclu- mum authorized channel bandwidth: 10 kHz; sive frequency assignments. The same These channels are subject to the condition frequency or frequencies may be as- listed in subparagraph (e)(9) of this Section. signed to other licensees in the same (b) One or more of the following 5 kHz seg- area. Applicants for licenses should se- ments my be stacked to form a channel lect the frequencies closest to the which may be assigned for use by broadcast remote pickup stations using any emission lower band edges within a group that contained within the resultant channel in will meet operational requirements to accordance with the provisions of § 74.462. promote the orderly and efficient use (1) VHF segments: 152.8575, 152.8625, of the allocated frequencies. 152.8675, 152.8725, 152.8775, 152.8825, 152.9175, 152.9225, 152.9275, 152.9325, 152.9375, 152.9425, (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) 152.9775, 152.9825, 152.9875, 152.9925, 152.9975, 153.0025, 153.0375, 153.0425, 153.0475, 153.0525, [41 FR 29686, July 19, 1976, as amended at 42 153.0575, 153.0625, 153.0975, 153.1025, 153.1075, FR 2070, Jan. 10, 1977; 42 FR 14728, Mar. 16, 153.1125, 153.1175, 153.1225, 153.1575, 153.1625, 1977; 43 FR 14661, Apr. 7, 1978; 44 FR 65765, 153.1675, 153.1725, 153.1775, 153.1825, 153.2175, Nov. 15, 1979; 47 FR 24580, June 7, 1982; 50 FR 153.2225, 153.2275, 153.2325, 153.2375, 153.2425, 9036. Mar. 6, 1985; 50 FR 23709, June 5, 1985; 51 153.2775, 153.2825, 153.2875, 153.2925, 153.2975, FR 4601, Feb. 6, 1986; 62 FR 18844, Apr. 17, 153.3025, 153.3375, 153.3425, 153.3475, 153.3525, 1997] 153.3575, and 153.362 MHz; Maximum author- EFFECTIVE DATE NOTE: At 49 FR 45158, Nov. ized channel bandwidth: 30 kHz; These chan- 15, 1984, § 74.402 was revised in its entirety. nels are subject to the conditions listed in However, the effective date for this revision paragraphs (e) (3), (4), and (5) of this section. is still pending. For the convenience of the (2) VHF segments: 160.8625, 160.8675, reader, the revised version of § 74.402 is set 160.8725, 160.8775, 160.8825, 160.8875, 160.8925, forth below: 160.8975, 160.9025, 160.9075, 160.9125, 160.9175, 160.9225, 160.9275, 160.9325, 160.9375, 160.9425, § 74.402 Authorized frequencies. 160.9475, 160.9525, 160.9575, 160.9625, 160.9675, Operation on all channels listed in this sec- 160.9725, 160.9775, 160.9825, 160.9875, 160.9925, tion (except: 26.07, 26.11, 26.45, 450.01, 450.02, 160.9975, 161.0025, 161.0075, 161.0125, 161.0175,

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161.0225, 161.0275, 161.0325, 161.0375, 161.0425, 455.3575, 455.3625, 455.3675, 455.3725, 455.3775, 161.0475, 161.0525, 161.0575, 161.0625, 161.0675, 455.3825, 455.3875, 455.3925, 455.3975, 455.4025, 161.0725, 161.0775, 161.0825, 161.0875, 161.0925, 455.4075, 455.4125, 455.4175, 455.4225, 455.4275, 161.0975, 161.1025, 161.1075, 161.1125, 161.1175, 455.4325, 455.4375, 455.4425, 455.4475, 455.4525, 161.1225, 161.1275, 161.1325, 161.1375, 161.1425, 455.4575, 455.4625, 455.4675, 455.4725, 455.4775, 161.1475, 161.1525, 161.1575, 161.1625, 161.1675, 455.4825, 455.4875, 455.4925, 455.4975, 455.5025, 161.1725, 161.1775, 161.1825, 161.1875, 161.1925, 455.5075, 455.5125, 455.5175, 455.5225, 455.5275, 161.1975, 161.2025, 161.2075, 161.2125, 161.2175, 455.5325, 455.5375, 455.5425, 455.5475, 455.5525, 161.2225, 161.2275, 161.2325, 161.2375, 161.2425, 455.5575, 455.5625, 455.5675,455.5725, 455.5775, 161.2475, 161.2525, 161.2575, 161.2625, 161.2675, 455.5825, 455.5875, 455.5925, 455.5975, 455.6025, 161.2725, 161.2775, 161.2825, 161.2875, 161.2925, 455.6075, 455.6125, 455.6175, 455.6225 MHz. Maxi- 161.2975, 161.3025, 161.3075, 161.3125, 161.3175, mum authorized channel bandwidth: 50 kHz. 161.3225, 161.3275, 161.3325, 161.3375, 161.3425, (c) One or two of the following 25 kHz seg- 161.3475, 161.3525, 161.3575, 161.3625, 161.3675, ments may be stacked to form a channel 161.3725, 161.3775, 161.3825, 161.3875, 161.3925, which may be assigned for use by broadcast and 161.3975 MHz; Maximum authorized chan- remote pickup stations using any emission nel bandwidth: 30 kHz; These channels are contained within the resultant channel in subject to the condition listed in paragraph accordance with the provisions of § 74.462. (e)(6) of this section. Users committed to 50 kHz bandwidths and (3) VHF segments: 161.6275, 161.6325, transmitting program material will have pri- 161.6375, 161.6425, 161.6475, 161.6525, 161.6575, mary use of these channels. 161.6625, 161.6675, 161.6725, 161.6775, 161.6825, (1) UHF segments: 450.6375, 450.6625, 161.6875, 161.6925, 161.6975, 161.7025, 161.7075, 450.6875, 450.7125, 450.7375, 450.7625, 450.7875, 161.7125, 161.7175, 161.7225, 161.7275, 161.7325, 450.8125, 450.8375, 450.8625, 455.6375, 455.6625, 161.7375, 161.7425, 161.7475, 161.7525, 161.7575, 455.6875, 455.7125, 455.7375, 455.7625, 455.7875, 161.7625, 161.7675, and 161.7725 MHz; Maximum 455.8125, 455.8375, 455.8625 MHz. Maximum au- authorized channel bandwidth: 30 kHz; These thorized channel bandwidth: 50 kHz. channels are subject to the conditions listed (d) One or two of the following 50 kHz seg- in paragraphs (e) (4) and (7) of this section. ments may be stacked to form a channel (4) UHF segments: 450.0275, 450.0325, which may be assigned for use by broadcast 450.0375, 450.0425, 450.0475, 450.0525, 450.0575, remote pickup stations using any emission 450.0625, 450.0675, 450.0725, 450.0775, 450.0825, contained within the resultant channel in 450.0875, 450.0925, 450.0975, 450.1025, 450.1075, accordance with the provisions of Section 450.1125, 450.1175, 450.1225, 450.1275, 450.1325, 74.462. Users committed to 100 kHz 450.1375, 450.1425, 450.1475, 450.1525, 450.1575, bandwidths and transmitting program mate- 450.1625, 450.1675, 450.1725, 450.1775, 450.1825, rial will have primary use of these channels. 450.1875, 450.1925, 450.1975, 450.2025, 450.2075, (1) UHF segments: 450.900, 450.950, 455.900, 450.2125, 450.2175, 450.2225, 450.2275, 450.2325, and 455.950 MHz; Maximum authorized chan- 450.2375, 450.2425, 450.2475, 450.2525, 450.2575, nel bandwidth: 100 kHz. 450.2625, 450.2675, 450.2725, 450.2775, 450.2825, (e) Conditions on Broadcast Remote Pick- 450.2875, 450.2925, 450.2975, 450.3025, 450.3075, up Service channel usage as referred to in 450.3125, 450.3175, 450.3225, 450.3275, 450.3325, subparagraphs (a) through (d) above: 450.3375, 450.3425, 450.3475, 450.3525, 450.3575, (1) Operation is subject to the condition 450.3625, 450.3675, 450.3725, 450.3775, 450.3825, that no harmful interference is caused to the 450.3875, 450.3925, 450.3975, 450.4025, 450.4075, reception of AM broadcast stations. 450.4125, 450.4175, 450.4225, 450.4275, (2) Operation is subject to the condition 450.4325,450.4375, 450.4425, 450.4475, 450.4525, that no harmful interference is caused to 450.4575, 450.4625, 450.4675, 450.4725, 450.4775, stations in the broadcast service. 450.4825, 450.4875, 450.4925, 450.4975, 450.5025, (3) Operation is subject to the condition 450.5075, 450.5125, 450.5175, 450.5225, 450.5275, that no harmful interference is caused to 450.5325, 450.5375, 450.5425, 450.5475, 450.5525, stations operating in accordance with the 450.5575, 450.5625, 450.5675, 450.5725, 450.5775, Table of Frequency Allocations set forth in 450.5825, 450.5875, 450.5925, 450.5975, 450.6025, Part 2 of the Commission’s Rules and Regu- 450.6075, 450.6125, 450.6175, 450.6225, 455.0275, lations. Applications for licenses to use fre- 455.0325, 455.0375, 455.0425, 455.0475, 455.0525, quencies in this band must include state- 455.0575, 455.0625, 455.0675, 455.0725, 455.0775, ments showing what procedures will be 455.0825, 455.0875, 455.0925, 455.0975, 455.1025, taken to ensure that interference will not be 455.1075, 455.1125, 455.1175, 455.1225, 455.1275, caused to stations in the Industrial Radio 455.1325, 455.1375, 455.1425, 455.1475, 455.1525, Services. 455.1575, 455.1625, 455.1675, 455.1725, 455.1775, (4) These frequencies will not be licensed 455.1825, 455.1875, 455.1925, 455.1975, 455.2025, to network entities. 455.2075, 455.2125, 455.2175, 455.2225, 455.2275, (5) These frequencies will not be authorized 455.2325, 455.2375, 455.2425, 455.2475, 455.2525, to new stations for use on board aircraft. 455.2575, 455.2625, 455.2675, 455.2725, 455.2775, (6) These frequencies are allocated for as- 455.2825, 455.2875, 455.2925, 455.2975, 455.3025, signment to broadcast remote pickup sta- 455.3075, 455.3125, 455.3175, 455.3225, 455.3275, tions in Puerto Rico or the Virgin Islands 455.3325, 455.3375, 455.3425, 455.3475, 455.3525, only.

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NOTE: These frequencies are shared with fied and it will specify the frequency or Public Safety and Land Transportation frequencies on which each station is to Radio Services. be operated. (7) These frequencies may not be used by (b) The following order of priority of broadcast remote pickup stations in Puerto transmissions shall be observed on all Rico or the Virgin Islands. In other areas, frequencies except those listed in certain existing stations in the Public Safety § 74.402 (a)(3), (a)(7) and (a)(8): and Land Transportation Radio Services have been permitted to continue operation (1) Communications during an emer- on these frequencies on condition that no gency or pending emergency directly harmful interference is caused to broadcast related to the safety of life and prop- remote pickup stations. erty. (8) Operation on the frequencies 166.25 MHz (2) Program material to be broadcast. and 170.15 MHz is not authorized: (i) Within (3) Cues, orders, and other related the area bounded on the west by the Mis- communications immediately nec- sissippi River, on the north by the parallel of latitude 37 degrees 30 minutes N., and radius essary to the accomplishment of a equal to the air-line distance between broadcast. Springfield, Ill., and Montgomery, Alabama, (4) Operational communications. subtended between the foregoing west and (5) Tests or drills to check the per- north boundaries; (ii) Within 150 miles (241 formance of stand-by or emergency cir- KM) of New York City; and, (iii) In Alaska or cuits. outside the continental United States; and is subject to the condition that no harmful in- § 74.431 Special rules applicable to re- terference is caused radio stations in the mote pickup stations. band 162–174 MHz. (9) The use of these frequencies is limited (a) Remote pickup mobile stations to operational communications, including may be used for the transmission of tones for signaling and for remote control material from the scene of events and automatic transmission system control which occur outside the studio back to and telemetry. studio or production center. The trans- (f) License applicants shall request assign- mitted material shall be intended for ment of only those channels, both in number the licensee’s own use and may be and bandwidth, necessary for satisfactory operation and for which the system is made available for use by any other equipped to operate. However, it is not nec- broadcast station or cable system. essary that each transmitter within a sys- (b) Remote pickup mobile or base tem be equipped to operate on all frequencies stations may be used for communica- authorized to that licensee. tions related to production and tech- (g) Remote pickup stations or systems will nical support of the remote program. not be granted exclusive channel assign- This includes cues, orders, dispatch in- ments. The same channel or channels may be structions, frequency coordination, es- assigned to other licensees in the same area. When such sharing is necessary, the provi- tablishing microwave links, and oper- sions of § 74.403 shall apply. ational communications. Operational (h) Each authorization for a new broadcast communications are alerting tones and remote pickup station or system shall re- special signals of short duration used quire the use of type accepted equipment. for telemetry or control. [49 FR 45158, Nov. 15, 1984, as amended at 51 (c) Remote pickup mobile or base FR 32089, Sept. 9, 1986] stations may communicate with any other station licensed under this sub- § 74.403 Frequency selection to avoid part. interference. (d) Remote pickup mobile stations (a) Where two or more remote pickup may be operated as a vehicular re- broadcast station licensees are author- peater to relay program material and ized to operate on the same frequency communications between stations li- or group of frequencies in the same censed under this subpart. Precautions area and when simultaneous operation shall be taken to avoid interference to is contemplated, the licensees shall en- other stations and the vehicular re- deavor to select frequencies or sched- peater shall only be activated by hand- ule operation in such manner as to carried or pack-carried units. avoid mutual interference. If mutual (e) The output of hand-carried or agreement to this effect cannot be pack-carried transmitter units used reached the Commission shall be noti- with a vehicular repeater is limited to

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2.5 watts. The output of a vehicular re- of § 74.403(b) must be observed in such peater transmitter used as a talkback cases. unit on an additional frequency is lim- [51 FR 4602, Feb. 6, 1986] ited to 2.5 watts. (f) Remote pickup base and mobile § 74.432 Licensing requirements and stations in Alaska, Guam, Hawaii, procedures. Puerto Rico, and the Virgin Islands (a) A license for a remote pickup sta- may be used for any purpose related to tion will be issued to: the licensee of an the programming or technical oper- AM, FM, noncommercial FM, TV, ation of a broadcasting station, except international broadcast or low power for transmission intended for direct re- TV station; broadcast network-entity; ception by the general public. or cable network-entity. (g) A broadcast licensee eligible for (b) Base stations may operate as ‘‘short-term operation’’ under § 74.24, automatic relay stations on the fre- may operate RPU base or mobile sta- quencies listed in § 74.402(a) (6) and (8) tions under the authorization of the under the provisions of § 74.436, how- Part 73 license for an indefinite period ever, one licensee may not operate upon filing an application for auxiliary such stations on more than two fre- operation with the Commission and quencies in a single area. subject to the conditions of § 74.24 (a), (c) Base stations may use voice com- (b), (e), (f), (h), (i), and to the condi- munications between the studio and tions set forth below: transmitter or points of any intercity (1) The auxiliary station is located relay system on frequencies in Groups within 50 miles (80 km) of the broad- I and J. cast studio or broadcast transmitter. (d) Base stations may be authorized (2) The applicant must coordinate the to establish standby circuits from operation with all affected co-channel places where official broadcasts may be and adjacent channel licensees in the made during times of emergency and area of operation. This requirement circuits to interconnect an emergency can be satisfied by coordination with survival communications system. the local frequency committee if one (e) In Alaska, Guam, Hawaii, Puerto exists. Rico, and the Virgin Islands, base sta- (3) Such operation shall be suspended tions may provide program circuits be- immediately upon notification from tween the studio and transmitter or to the Commission or by the Engineer in relay programs between broadcasting Charge (EIC) of the Commission’s local stations. A base station may be oper- field office, and shall not be resumed ated unattended in accordance with the until specific authority is given by the following: Commission or EIC. When authorized (1) The station must be designed, in- by the EIC, short test operations may stalled, and protected so that the be made. transmitter can only be activated or (4) Operation under this provision is controlled by persons authorized by the not permitted between 152.87 MHz and licensee. 153.35 MHz. (2) The station must be equipped with (h) In the event that normal aural circuits to prevent transmitter oper- studio to transmitter circuits are dam- ation when no signal is received from aged, stations licensed under Subpart the station which it is relaying. D may be used to provide temporary (f) Remote pickup stations may use circuits for a period not exceeding 30 only those frequencies and bandwidths days without further authority from which are necessary for operation. the Commission necessary to continue (g) An application for a remote pick- broadcasting. up broadcast station or system shall (i) Remote pickup mobile or base sta- specify the broadcasting station or sta- tions may be used for activities associ- tions (where more than one broadcast- ated with the Emergency Broadcast ing station is specified, all such broad- System and similar emergency sur- casting stations shall be licensed to the vival communications systems. Drills applicant and to the same community) and tests are also permitted on these with which the remote pickup broad- stations, but the priority requirements cast facility is to be principally used

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and the licensed area of operation for a NOTE: Licensees of remote pickup broad- system which includes mobile stations cast stations licensed prior to August 31, shall be the area considered to be 1976, should not file applications to consoli- served by the associated broadcasting date individually licensed transmitters station or stations. Mobile stations under a single system license until the re- may be operated outside the licensed newal application of the associated broad- cast station is filed. Applications filed be- area of operation pursuant to tween August 31, 1976, and the date of filing § 74.431(d). Where the applicant for re- of the renewal applications to obtain author- mote pickup broadcast facilities is the ization to use additional transmitters or licensee of more than one class of modification of existing stations shall be re- broadcasting station (AM, FM, TV), all stricted to a single system application nec- licensed to the same community, des- essary to accomplish the desired change, but ignation of one or more such stations may include consolidation of previously-li- as the associated broadcasting station censed transmitters within the system li- or stations will not preclude use of the cense. Applications submitted for system li- remote pickup broadcast facilities with censing prior to the time when renewal ap- those broadcasting stations not in- plications would normally be filed which are cluded in the designation and such ad- unnecessary for either administrative or ditional use shall be at the discretion operational purposes will be returned as un- of the licensee. acceptable for filing. (h) In cases where a series of broad- (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) casts are to be made from the same lo- [41 FR 29686, July 19, 1976, as amended at 42 cation, portable or mobile transmitters FR 2071, Jan. 10, 1977; 47 FR 21496, May 18, may be left at such location for the du- 1982; 49 FR 14509, Apr. 12, 1984; 51 FR 4602, ration of the series of broadcasts: Pro- Feb. 6, 1986; 58 FR 19775, Apr. 16, 1993; 60 FR vided, The transmitting apparatus is 55482, Nov. 1, 1995] properly secured so that it may not be operated by unauthorized persons when § 74.433 Temporary authorizations. unattended. Prior Commission author- (a) Special temporary authority may ity shall be obtained for the installa- be granted for remote pickup station tion of any transmitting antenna operation which cannot be conducted which requires notification to the in accordance with § 74.24. Such author- FAA, pursuant to § 17.7 of the Commis- sion’s rules and regulations, and which ity will normally be granted only for will be in existence for more than 2 operations of a temporary nature. days. Where operation is seen as likely on a (i) The location of each remote pick- continuing annual basis, an application up broadcast base station will be speci- for a regular authorization should be fied in the station or system license submitted. and such stations may not be operated (b) A request for special temporary at any other location without prior au- authority for the operation of a remote thority of the Commission. pickup broadcast station may be made (j) The license shall be retained in by informal application, which shall be the licensee’s files at the address filed with the Commission at least 10 shown on the authorization, posted at days prior to the date of the proposed the transmitter, or posted at the con- operation: Provided, That, an applica- trol point of the station. tion filed within less than 10 days of (k) In the case of permanent dis- the proposed operation may be accept- continuance of operation of a station ed upon a satisfactory showing of the or system licensed under this subpart, reasons for the delay in submitting the the licensee shall forward the station request. or system license to the FCC at Fed- (c) An informal request for special eral Communications Commission, 1270 temporary authority requiring pay- Fairfield Road, Gettysburg, Pennsyl- vania 17325 for cancellation. For pur- ment of a fee shall be addressed to the poses of this section, a station which is FCC at Federal Communications Com- not operated for a period of one year is mission, Broadcast Auxiliary Radio considered to have been permanently Services, P.O. Box 358700, Pittsburgh, discontinued. PA 15251–5700. An informal request for

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special temporary authority not re- (c) A remote control system must quiring payment of a fee shall be ad- prevent inadvertent transmitter oper- dressed to the FCC at Federal Commu- ation caused by malfunctions in the nications Commission, 1270 Fairfield circuits between the control point and Road, Gettysburg, Pennsylvania 17325. transmitter. All requests must include full particu- [51 FR 4602, Feb. 6, 1986, as amended at 60 FR lars including: Licensee’s name, call 55482, Nov. 1, 1995] letters of associated broadcast station or stations, name and address of indi- § 74.436 Special requirements for auto- vidual designated to receive return au- matic relay stations. thorization, call letters of remote pick- (a) An automatic relay station must up station, if assigned, type and manu- be designed, installed, and protected so facturer of equipment, power output, that the transmitter can only be acti- emission, frequency or frequencies pro- vated or controlled by persons author- posed to be used, commencement and ized by the licensee. termination date, location of operation and purpose for which request is made (b) An automatic relay station may including any particular justification. accomplish retransmission of the in- (d) A request for special temporary coming signals by either heterodyne authority shall specify a frequency or frequency conversion or by modulating frequencies consistent with the provi- the transmitter with the demodulated sions of § 74.402: Provided, That, in the incoming signals. case of events of wide-spread interest (c) An automatic relay station trans- and importance which cannot be trans- mitter may relay the demodulated in- mitted successfully on these fre- coming signals from one or more re- quencies, frequencies assigned to other ceivers. services may be requested upon a show- [51 FR 4602, Feb. 6, 1986, as amended at 60 FR ing that operation thereon will not 55483, Nov. 1, 1995] cause interference to established sta- tions: And provided further, In no case § 74.451 Certification of equipment. will operation of a remote pickup (a) Applications for new remote pick- broadcast station be authorized on fre- up broadcast stations or systems or for quencies employed for the safety of life changing transmitting equipment of an and property. existing station will not be accepted (e) The user shall have full control unless the transmitters to be used have over the transmitting equipment dur- been certificated by the FCC pursuant ing the period it is operated. to the provisions of this subpart, or (f) Special temporary authority to have been certificated for licensing permit operation of remote pickup under parts 21 or 90 of the FCC rules broadcast stations or systems pending and do not exceed the output power Commission action on an application limits specified in § 74.461(b). for regular authority will not normally (b) Any manufacturer of a transmit- be granted. ter to be used in this service may apply [41 FR 29686, July 19, 1976, as amended at 47 for certification for such transmitter FR 9220, Mar. 4, 1982; 47 FR 55936, Dec. 14, following the certification procedure 1982; 50 FR 23709, June 5, 1985; 58 FR 19775, set forth in part 2 of the Commission’s Apr. 16, 1993] rules and regulations. Attention is also directed to part 1 of the Commission’s § 74.434 Remote control operation. rules and regulations which specifies (a) A remote control system must the fees required when filing an appli- provide adequate monitoring and con- cation for certification. trol functions to permit proper oper- (c) An applicant for a remote pickup ation of the station. broadcast station or system may also (b) A remote control system must be apply for certification for an individual designed, installed, and protected so transmitter by following the certifi- that the transmitter can only be acti- cation procedure set forth in part 2 of vated or controlled by persons author- the Commission’s rules and regula- ized by the licensee. tions.

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(d) All transmitters marketed for use quired under § 17.14(b) of the Commis- under this subpart shall be certificated sion’s rules and regulations. by the Federal Communications Com- (b) The licensee of a remote pickup mission. (Refer to subpart J of part 2 of broadcast station may, except as set the Commission’s Rules and Regula- forth in paragraph (d) of this section, tions.) make any other changes in the equip- (e) Remote pickup broadcast station ment that are deemed desirable or nec- equipment authorized to be used pursu- essary, including replacement with cer- ant to an application accepted for fil- tificated equipment, without prior ing prior to December 1, 1977, may con- Commission approval: Provided, The tinue to be used by the licensee or its proposed changes will not depart from successors or assignees: Provided, how- any of the terms of the station or sys- ever, If operation of such equipment tem authorization or the Commission’s causes harmful interference due to its technical rules governing this service: failure to comply with the technical And provided further, That any changes standards set forth in this subpart, the made to certificated transmitting Commission may, at its discretion, re- equipment shall be in compliance with quire the licensee to take such correc- the provisions of Part 2 of the Commis- tive action as is necessary to eliminate sion’s rules and regulations concerning the interference. modification to certificated equipment. (f) Each instrument of authority (c) The FCC at Federal Communica- which permits operation of a remote tions Commission, Broadcast Auxiliary pickup broadcast station or system Radio Services, 1270 Fairfield Road, using equipment which has not been Gettysburg, Pennsylvania 17325 shall certificated will specify the particular be promptly notified of any equipment transmitting equipment which the li- changes made pursuant to paragraph censee is authorized to use. (b) of this section. (d) All transmitters initially in- (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) stalled after November 30, 1977, must be [41 FR 29686, July 19, 1976, as amended at 42 certificated for use in this service or FR 14728, Mar. 16, 1977; 42 FR 43636, Aug. 30, other services as specified in § 74.451(a). 1977; 43 FR 14661, Apr. 7, 1978; 45 FR 28142, (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) Apr. 28, 1980; 63 FR 36604, July 7, 1998] [41 FR 29686, July 19, 1976, as amended at 42 EFFECTIVE DATE NOTE: At 63 FR 36604, July FR 14728, Mar. 16, 1977; 42 FR 43636, Aug. 30, 7, 1998, § 74.451 was amended by revising the 1977; 43 FR 14662, Apr. 7, 1978; 47 FR 54448, section heading; by removing the terms Dec. 3, 1982; 58 FR 19775, Apr. 16, 1993; 63 FR ‘‘type accepted’’ and ‘‘type acceptance’’ and 36604, July 7, 1998] inserting the terms ‘‘certificated’’ and ‘‘cer- tification’’, respectively, in paragraphs EFFECTIVE DATE NOTE: At 63 FR 36604, July (a),(b), (c), (d), and (f); and by removing the 7, 1998, in § 74.452, paragraphs (b) and (d) were last sentence of paragraph (c), effective Oct. amended by removing the term ‘‘type accept- 5, 1998. For the convenience of the user, the ed’’ and inserting the term ‘‘certificated’’, ef- superseded text is set forth as follows: fective Oct. 5, 1998.

§ 74.451 Type acceptance of equipment. § 74.461 Transmitter power. (a) Transmitter power is the power at * * * * * the transmitter output terminals and delivered to the antenna, antenna (c) * * * Individual transmitters which are , or any other imped- certificated will not normally be included in the Commission’s ‘‘Radio Equipment List.’’ ance-matched, radio frequency load. For the purpose of this Subpart, the transmitter power is the carrier power. * * * * * (b) The authorized transmitter power for a remote pickup broadcast station § 74.452 Equipment changes. shall be limited to that necessary for (a) Prior Commission approval is re- satisfactory service and, in any event, quired for any change in the overall shall not be greater than 100 watts, ex- height of an antenna structure, except cept that a station to be operated where notice to the Federal Aviation aboard an aircraft shall normally be Administration is specifically not re- limited to a maximum authorized

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power of 15 watts. Specific authoriza- tem issued pursuant to an application tion to operate stations on board air- accepted after (one year following the craft with an output power exceeding effective date of these rules) shall re- 15 watts will be issued only upon an quire the use of certificated equipment adequate engineering showing of need, and such equipment shall be operated and of the procedures that will be in accordance with emission specifica- taken to avoid harmful interference to tions included in the certificated grant other licensees. and as prescribed in paragraphs (b), (c), and (d) of this section. (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) (b) The maximum authorized band- [41 FR 29686, July 19, 1976, as amended at 43 width of emissions corresponding to FR 14662, Apr. 7, 1978] the types of emissions specified below, § 74.462 Authorized bandwidth and and the maximum authorized fre- emissions. quency deviation in the case of fre- (a) Each authorization for a new re- quency or phase modulated emission, mote pickup broadcast station or sys- shall be as follows:

Authorized Maximum band- frequency Frequencies (megahertz) Type of emission 3 4 width 1 deviation 2 (kilohertz) (kilohertz)

25.87 to 26.03 ...... 40 10 A3, F3, F3Y, F9 26.07 to 26.47 ...... 20 5 A3, F3, F3Y, F9 152.87 to 153.35 5 ...... 30/60 5/10 A3, F3, F3Y, F9 160.89 to 161.37 ...... 60 10 A1, A2, A3, F1, F2, F3, F3Y, F9 161.64 to 161.76 ...... 30 5 A1, A2, A3, F1, F2, F3, F3Y, F9 166.25 to 170.15 ...... 25 5 A1, A2, A3, F1, F2, F3, F3Y, F9 450 to 455.99 (10 kHz channels) ...... 10 1.5 A1, A2, A3, F1, F2, F3, F9 450.0875 to 455.6125 (25 kHz channels) ...... 25 5 A1, A2, A3, F1, F2, F3, F3Y, F9 450.05 to 455.85 (50 kHz channels) ...... 50 10 A1, A2, A3, F1, F2, F3Y, F9 450.925 and 455.925 (100 kHz channels) ...... 100 35 A1, A2, A3, F1, F2, F3, F3Y, F9 1 Notwithstanding the authorized bandwidths shown in the table, not more than 20 kHz bandwidth will be authorized in the case of F3Y emission. 2 Applies where class F1, F2, F3, or F9 emission is used. 3 Stations operating above 450 MHz shall show a need for employing A1, A2, F1, or F2 emission. 4 The emission designators shown in the table no longer conform to those contained in subpart C of part 2 of the Commis- sion's Rules and Regulations. They will be so-conformed after necessary modifications to broadcast auxiliary application proc- essing programs are completed. For transmitting equipment which is certificated, emission designators will appear in the Com- mission's database. Equipment approved for emissions contained in subpart C of part 2 may be used by part 74 stations if their emissions are equivalent to the previous emission designators shown in the table. 5 New or modified licenses for use of the frequencies will not be granted to utilize transmitters on board aircraft, or to use a bandwidth in excess of 3 kHz and maximum deviation exceeding 5 kHz.

(c) The mean power of emissions (d) In the event a station’s emissions shall be attenuated below the mean outside its authorized channel cause output power of the transmitter in ac- harmful interference, the Commission cordance with the following schedule: may, at its discretion, require the li- (1) On any frequency removed from censee to take such further steps as the assignment frequency by more may be necessary to eliminate the in- than 50 percent up to and including 100 terference. percent of the authorized bandwidth: at (e) The maximum authorized band- least 25 dB: width for stations operating on 1606, (2) On any frequency removed from 1622, or 1646 kHz shall be 10 kHz and op- the assigned frequency by more than erations on these frequencies shall be 100 percent up to and including 250 per- limited to A3 emission only. cent of the authorized bandwidth: at (f) For those transmitters using the least 35 dB; F3Y emission and operating in the fre- (3) On any frequency removed from quency range between 25.87 MHz and the assigned frequency by more than 170.15 MHz, the power of any emission 250 percent on the authorized band- shall be attenuated below the width; at least 43 plus 10 log10 (mean unmodulated carrier power (P) in ac- output power, in watts) dB. cordance with the following schedule:

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(1) On any frequency removed from parameters as the unmodulated transmitter the center of the authorized bandwidth carrier power. by a displacement frequency (F in d (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) kHz) of more than 5 kHz, up to and in- cluding 10 kHz: At least 83 Log10 (Fd/5) [41 FR 29686, July 19, 1976, as amended at 41 decibels; FR 32429, Aug. 3, 1976; 41 FR 35068, Aug. 19, 1976; 43 FR 14662, Apr. 7, 1978; 43 FR 38391, (2) On any frequency removed from Aug. 28, 1978; 44 FR 65765, Nov. 15, 1979; 56 FR the center of the authorized bandwidth 28498, June 21, 1991; 63 FR 36604, July 7, 1998] by a displacement frequency (Fd in kHz) of more than 10 kHz, up to and in- EFFECTIVE DATE NOTE: At 63 FR 36604, July 7, 1998, in § 74.462, paragraph (a) was amended cluding 250 percent of the authorized by removing the term ‘‘type accepted’’ and bandwidth: At least 29 Log10 ((Fd)exp2/ inserting the term ‘‘certificated’’, and foot- 11) decibels or 50 decibels, whichever is note 4 of the table in paragraph (b) was the lesser attenuation. amended by removing the terms ‘‘type ac- (3) On any frequency removed from cepted’’ and ‘‘Radio Equipment List’’ and in- serting in their place the terms ‘‘certifi- the center of the authorized bandwidth cated’’ and ‘‘database’’, respectively, effec- by more than 250 percent of the author- tive Oct. 5, 1998. ized bandwidth: At least 43 plus 10 Log10 (output power in watts) decibels § 74.463 Modulation requirements. or 80 decibels, whichever is the lesser (a) Each new remote pickup broad- attenuation. cast station authorized to operate with (g) For those transmitters using the a power output in excess of 3 watts F3Y emission and operating in the fre- shall be equipped with a device which quency range between 450.01 MHz and will automatically prevent modulation 455.925 MHz, the power of any emission in excess of the limits set forth in this shall be attenuated below the subpart. unmodulated carrier power (P) in ac- (b) If amplitude modulation is em- cordance with the following schedule: ployed, modulation shall not exceed 100 (1) On any frequency removed from percent on negative peaks. the center of the authorized bandwidth (c) If is em- by a displacement frequency (Fd in ployed, emission shall conform to the kHz) of more than 5 kHz, up to and in- requirements specified in § 74.462. cluding 10 kHz: At least 83 Log10 (Fd/5) [41 FR 29686, July 19, 1976, as amended at 47 decibels; FR 54448, Dec. 3, 1982] (2) On any frequency removed from the center of the authorized bandwidth § 74.464 Frequency tolerance. by a displacement frequency (Fd in The licensee of a remote pickup kHz) of more than 10 kHz, up to and in- broadcast station or system shall cluding 250 percent of the authorized maintain the operating frequency of bandwidth: At least 116 Log10 (Fd/6.1) each such station in accordance with decibels or 70 decibels, whichever is the the following: lesser attenuation. Tolerance (percent) (3) On any frequency removed from Frequency range the center of the authorized bandwidth Base sta- Mobile sta- tion tion by more than 250 percent of the author- ized bandwidth: At least 43 + 10 Log10 1.6 to 2 MHz: (output power in watts) decibels or 80 200 W or less ...... 0.01 0.02 Over 200 W 1 ...... 005 .02 decibels, whichever is the lesser at- 25 to 30 MHz: tenuation. 3 W or less ...... 002 .005 Over 3 W ...... 002 .002 NOTE: The measurements of emission 30 to 300 MHz: power can be expressed in peak or mean val- 3 W or less ...... 0005 .005 ues provided they are expressed in the same Over 3 W ...... 0005 .0005

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Tolerance (percent) of the station or system call sign and Frequency range Base sta- Mobile sta- unit designator assigned to the individ- tion tion ual station or identification of an asso- ciated broadcasting station or network 300 to 500 MHz, all powers ...... 00025 .0005 with which the remote pickup broad- 1 The listing of tolerances for power over 200 W is in ac- cordance with treaty values and shall not be construed as a cast station is being used. finding that such power will be authorized. (c) In cases where an automatic relay station is a part of the circuit, the call (Secs. 4, 5, 303, 48 Stat., as amended, 1066, sign of the relay transmitter may be 1068, 1082 (47 U.S.C. 154, 155, 303)) transmitted automatically by the relay [41 FR 29686, July 19, 1976, as amended at 42 transmitter or by the remote pickup FR 2071, Jan. 10, 1977; 43 FR 38391, Aug. 28, broadcast base or mobile station that 1978; 44 FR 65765, Nov. 15, 1979] actuates the automatic relay station. (d) Automatically activated equip- § 74.465 Frequency monitors and ment may be used to transmit station measurements. identification in International Morse The licensee of a remote pickup sta- Code, provided that the modulation tion or system shall provide the nec- tone is 1200 Hz±800 Hz, the level of mod- essary means to assure that all operat- ulation of the identification signal is ing frequencies are maintained within maintained at 40%±10%, and that the the allowed tolerances. code transmission rate is maintained [51 FR 4603, Feb. 6, 1986] between 20 and 25 words per minute. (e) For stations using the F3Y emis- § 74.482 Station identification. sion, identification shall be transmit- (a) Each remote pickup broadcast ted in the unscrambled analog (F3) station shall be identified by the trans- mode or in International Morse Code mission of the assigned station or sys- pursuant to the provisions of (d) of this tem call sign, or by the call sign of the section at intervals not to exceed 15 associated broadcast station. For sys- minutes. For purposes of rule enforce- tems, the licensee (including a part 73- ment, all licensees using F3Y emissions only licensee where operation takes shall provide, upon request by the place pursuant to § 74.24) shall assign a Commission, a full and complete de- unit designator to each station in the scription of the encoding methodology system. The call sign (and unit des- they currently use. ignator, where appropriate) shall be transmitted at the beginning and end NOTE: Stations are encouraged to identify of each period of operation. A period of using their associated part 73 station call sign. operation may consist of a single con- tinuous transmission, or a series of [41 FR 29686, July 19, 1976, as amended at 47 intermittent transmissions pertaining FR 9220, Mar. 4, 1982; 52 FR 47569, Dec. 15, to a single event. 1987; 56 FR 28499, June 21, 1991] (b) In cases where a period of oper- ation is of more than one hour dura- Subpart E—Aural Broadcast tion identification of remote pickup broadcast stations participating in the Auxiliary Stations operation shall be made at approxi- § 74.501 Classes of aural broadcast mately one-hour intervals. Identifica- auxiliary stations. tion transmissions during operation need not be made when to make such (a) Aural broadcast STL station. A transmissions would interrupt a single fixed station for the transmission of consecutive speech, play, religious aural program material between the service, symphony, concert, or any studio and the transmitter of a broad- type of production. In such cases, the casting station other than an inter- identification transmissions shall be national broadcasting station. made at the first interruption in the (b) Aural broadcast intercity relay program continuity and at the conclu- (ICR) station. A fixed station for the sion thereof. Hourly identification may transmission of aural program mate- be accomplished either by transmission rial between radio broadcast stations,

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other than international broadcast sta- The following frequencies are the cen- tions, between FM radio broadcast sta- ters of each segment: tions and their co-owned FM booster 944.0125, 944.0375, 944.0625, 944.0875, 944.1125, stations, between noncommercial edu- 944.1375, 944.1625, 944.1875, 944.2125, 944.2375, cational FM radio stations and their 944.2625, 944.2875, 944.3125, 944.3375, 944.3625, co-owned noncommercial educational 944.3875, 944.4125, 944.4375, 944.4625, 944.4875, FM translator stations assigned to re- 944.5125, 944.5375, 944.5625, 944.5875, 944.6125, served channels (Channels 201 to 220), 944.6375, 944.6625, 944.6875, 944.7125, 944.7375, 944.7625, 944.7875, 944.8125, 944.8375, 944.8625, between FM radio stations and FM 944.8875, 944.9125, 944.9375, 944.9625, 944.9875, translator stations operating within 945.0125, 945.0375, 945.0625, 945.0875, 945.1125, the coverage contour of their primary 945.1375, 945.1625, 945.1875, 945.2125, 945.2375, stations, or for such other purposes as 945.2625, 945.2875, 945.3125, 945.3375, 945.3625, authorized in § 74.531. 945.3875, 945.4125, 945.4375, 945.4625, 945.4875, (c) Aural broadcast microwave booster 945.5125, 945.5375, 945.5625, 945.5875, 945.6125, 945.6375, 945.6625, 945.6875, 945.7125, 945.7375, station. A fixed station in the broadcast 945.7625, 945.7875, 945.8125, 945.8375, 945.8625, auxiliary service that receives and am- 945.8875, 945.9125, 945.9375, 945.9625, 945.9875, plifies signals of an aural broadcast 946.0125, 946.0375, 946.0625, 946.0875, 946.1125, STL or intercity relay station and re- 946.1375, 946.1625, 946.1875, 946.2125, 946.2375, transmits them on the same frequency. 946.2625, 946.2875, 946.3125, 946.3375, 946.3625, 946.3875, 946.4125, 946.4375, 946.4625, 946.4875, [28 FR 13716, Dec. 14, 1963, as amended at 49 946.5125, 946.5375, 946.5625, 946.5875, 946.6125, FR 7129, Feb. 27, 1984; 53 FR 4169, Feb. 12, 946.6375, 946.6625, 946.6875, 946.7125, 946.7375, 1988; 55 FR 50692, Dec. 10, 1990; 57 FR 41111, 946.7625, 946.7875, 946.8125, 946.8375, 946.8625, Sept. 9, 1992] 946.8875, 946.9125, 946.9375, 946.9625, 946.9875, 947.0125, 947.0375, 947.0625, 947.0875, 947.1125, § 74.502 Frequency assignment. 947.1375, 947.1625, 947.1875, 947.2125, 947.2375, 947.2625, 947.2875, 947.3125, 947.3375, 947.3625, (a) Except as provided in US 302, 947.3875, 947.4125, 947.4375, 947.4625, 947.4875, broadcast auxiliary stations licensed as 947.5125, 947.5375, 947.5625, 947.5875, 947.6125, of November 21, 1984, to operate in the 947.6375, 947.6625, 947.6875, 947.7125, 947.7375, band 942–944 MHz 1 may continue to op- 947.7625, 947.7875, 947.8125, 947.8375, 947.8625, erate on a co–equal primary basis to 947.8875, 947.9125, 947.9375, 947.9625, 947.9875, other stations and services operating 948.0125, 948.0375, 948.0625, 948.0875, 948.1125, 948.1375, 948.1625, 948.1875, 948.2125, 948.2375, in the band in accordance with the 948.2625, 948.2875, 948.3125, 948.3375, 948.3625, Table of Frequency Allocations. These 948.3875, 948.4125, 948.4375, 948.4625, 948.4875, stations will be protected from possible 948.5125, 948.5375, 948.5625, 948.5875, 948.6125, interference caused by new users of the 948.6375, 948.6625, 948.6875, 948.7125, 948.7375, band by the technical standards speci- 948.7625, 948.7875, 948.8125, 948.8375, 948.8625, fied in § 94.63(d)(3). 948.8875, 948.9125, 948.9375, 948.9625, 948.9875, 949.0125, 949.0375, 949.0625, 949.0875, 949.1125, (b) The frequency band 944–952 MHz is 949.1375, 949.1625, 949.1875, 949.2125, 949.2375, available for assignment to aural STL 949.2625, 949.2875, 949.3125, 949.3375, 949.3625, and ICR stations. AM and FM broad- 949.3875,949.4125, 949.4375, 949.4625, 949.4875, cast stations shall have primary use of 949.5125, 949.5375, 949.5625, 949.5875, 949.6125, the band; however, TV broadcast sta- 949.6375, 949.6625, 949.6875, 949.7125, 949.7375, tions may be licensed on a secondary, 949.7625, 949.7875, 949.8125, 949.8375, 949.8625, noninterference basis. One or more of 949.8875, 949.9125, 949.9375, 949.9625, 949.9875, 950.0125, 950.0375, 950.0625, 950.0875, 950.1125, the following 25 kHz segments may be 950.1375, 950.1625, 950.1875, 950.2125, 950.2375, stacked to form a channel which may 950.2625, 950.2875, 950.3125, 950.3375, 950.3625, be assigned with a maximum author- 950.3875, 950.4125, 950.4375, 950.4625, 950.4875, ized bandwidth of 300 kHz except as 950.5125, 950.5375, 950.5625, 950.5875, 950.6125, noted below. The channel, will be as- 950.6375, 950.6625, 950.6875, 950.7125, 950.7375, signed by its center frequency, channel 950.7625, 950.7875, 950.8125, 950.8375, 950.8625, bandwidth, and emission designator. 950.8875, 950.9125, 950.9375, 950.9625, 950.9875, 951.0125, 951.0375, 951.0625, 951.0875, 951.1125, 951.1375, 951.1625, 951.1875, 951.2125, 951.2375, 1 NOTE: In addition to this band, stations in 951.2625, 951.2875, 951.3125, 951.3375, 951.3625, Puerto Rico may continue to be authorized 951.3875, 951.4125, 951.4375, 951.4625, 951.4875, on 942.5, 943.0, 943.5, 944.0 MHz in the band 951.5125, 951.5375, 951.5625, 951.5875, 951.6125, 942–944 MHz on a primary basis to stations 951.6375, 951.6625, 951.6875, 951.7125, 951.7375, and services operating in accordance with 951.7625, 951.7875, 951.8125, 951.8375, 951.8625, the Table of Frequency Allocations. 951.8875, 951.9125, 951.9375, 951.9625, 951.9875.

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(1) A single broadcast station may be (d) [Reserved] authorized up to a maximum of twenty (e) The use of the frequencies listed segments (500 kHz total bandwidth) for in paragraph (b) of this section by transmission of program material be- aural broadcast intercity relay sta- tween a single origin and one or more tions is subject to the condition that designations. The station may lease ex- no harmful interference is caused to cess capacity for broadcast and other other classes of stations operating in uses on a secondary basis, subject to accordance with the Table of Fre- availability of spectrum for broadcast quency Allocations contained in § 2.106 use. However, an FM station licensed of this chapter. for twelve or fewer segments (300 kHz total bandwidth) or an AM station li- [28 FR 13716, Dec. 14, 1963, as amended at 48 censed for eight or fewer segments (200 FR 50332, Nov. 1, 1983; 49 FR 37777, Sept. 26, kHz total bandwidth) may lease excess 1984; 50 FR 4658, Feb. 1, 1985; 50 FR 7341, Feb. 22, 1985; 50 FR 34150, Aug. 23, 1985; 50 FR 48600, capacity for broadcast and other uses Nov. 26, 1985; 54 FR 10329, Mar. 13, 1989; 54 FR on a primary basis. 24905, June 12, 1989; 54 FR 30043, July 18, 1989] (2) An applicant (new or modification of existing license) may assume the § 74.503 Frequency selection. cost of replacement of one or more ex- (a) Each application for a new station isting licensees equipment with narrowband equipment of comparable or change in an existing station shall capabilities and quality in order to be specific with regard to frequency. In make available spectrum for its facili- general, the lowest suitable frequency ties. Existing licensees must accept will be assigned which, on an engineer- such replacement without cost to them ing basis, will not cause harmful inter- except upon a showing that the re- ference to other stations operating in placement equipment does not meet accordance with existing frequency al- the capability or quality requirements. locations. (c) The frequency bands 18,760–18,820 (b) Where it appears that interference and 19,100–19,160 MHz are available for may result from the operation of a new assignment to aural broadcast STL and station or a change in the facilities of intercity relay stations and are shared an existing station, the Commission on a co-primary basis with other fixed may require a showing that harmful in- services under Parts 21, 78 and 94 of the terference will not be caused to exist- Commission’s rules. ing stations or that if interference will (1) 5 MHz maximum authorized band- be caused the need for the proposed width channels: service outweighs the loss of service due to the interference. Receive Transmit (receive) (MHz) (transmit) [28 FR 13716, Dec. 14, 1963] (MHz)

340 MHz Separation § 74.531 Permissible service. (a) An aural broadcast STL station is 18762.5 ...... 19102.5 authorized to transmit aural program 18767.5 ...... 19107.5 18772.5 ...... 19112.5 material between the studio and trans- 18777.5 ...... 19117.5 mitter location of a broadcasting sta- 18782.5 ...... 19122.5 tion, except an international broad- 18787.5 ...... 19127.5 18792.5 ...... 19132.5 casting station, for simultaneous or de- 18797.5 ...... 19137.5 layed broadcast. 18802.5 ...... 19142.5 (b) An aural broadcast intercity relay 18807.5 ...... 19147.5 18812.5 ...... 19152.5 station is authorized to transmit aural 18817.5 ...... 19157.5 program material between broadcast- ing stations, except international Applicants may use either a two-way broadcasting stations, for simulta- link or one frequency of a frequency neous or delayed broadcast. pair for a one-way link and shall co- (c) An aural broadcast intercity relay ordinate proposed operations pursuant station is authorized to transmit aural to the procedures required in § 21.100(d). program material between noncommer- (2) [Reserved] cial educational FM radio stations and

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their co-owned noncommercial edu- tended for use by broadcast stations cational FM translator stations as- owned or under common control of the signed to reserved channels (Channels licensee or licensees of the STL or 201 to 220) and between FM radio sta- intercity relay station. Other broad- tions and FM translator stations oper- cast stations may simultaneously uti- ating within the coverage contour of lize such program material with per- their primary stations. This use shall mission of the STL or intercity relay not interfere with or otherwise pre- station licensee. clude use of these broadcast auxiliary (h) In any case where , is facilities by broadcast auxiliary sta- employed on an aural broadcast STL tions transmitting aural programming station for the simultaneous trans- between broadcast stations as provided mission of more than one aural chan- in paragraph (b) of this section. nel, the STL transmitter must be capa- (d) An aural broadcast STL or inter- ble of transmitting the multiple chan- city relay may be used to transmit ma- nels within the channel on which the terial between an FM broadcast radio STL station is authorized to operate station and an FM booster station and with adequate technical quality so owned, operated, and controlled by the that each broadcast station utilizing licensee of the originating FM radio the circuit can meet the technical per- station. This use shall not interfere formance standards stipulated in the with or otherwise preclude use of these rules governing that class of broadcast- broadcast auxiliary facilities by broad- ing station. If multiplex operation is cast auxiliary stations transmitting employed during the regular operation aural programming between the studio of the STL station, the additional cir- and transmitter location of a broadcast cuits shall be in operation at the time station or between broadcast stations that the required periodic performance as provided in paragraphs (a) and (b) of measurements are made of the overall this section. broadcasting system from the studio (e) An aural broadcast microwave microphone input circuit to the broad- booster station is authorized to re- cast transmitter output circuit. transmit the signals of an aural broad- [28 FR 13716, Dec. 14, 1963, as amended at 45 cast STL or intercity relay station. FR 51564, Aug. 4, 1980; 52 FR 31403, Aug. 20, (f) Multiplexing of the STL or inter- 1987; 55 FR 50693, Dec. 10, 1990; 57 FR 41111, city relay transmitter may be em- Sept. 9, 1992] ployed to provide additional commu- nication channels for the transmission § 74.532 Licensing requirements. of aural program material, news-wire (a) An aural broadcast STL or an signals relaying news to be aural broadcast intercity relay station associated with main channel program- will be licensed only to the licensee or ming, operational communications, licensees of broadcast stations, other and material authorized to be trans- than international broadcast stations, mitted over an FM station under a and for use with broadcast stations valid Subsidiary Communications Au- owned entirely by or under common thorization (SCA). An aural broadcast control of the licensee or licensees. An STL or intercity relay station may not aural broadcast intercity relay station be operated solely for the transmission also will be licensed for use by non- of operational, teleprinter or subsidi- commercial educational FM translator ary communications. Operational com- stations assigned to reserved channels munications include cues, orders, and (Channels 201–220) and owned and oper- other communications directly related ated by their primary station, by FM to the operation of the broadcast sta- translator stations operating within tion as well as special signals used for the coverage contour of their primary telemetry or the control of apparatus stations, and by FM booster stations. used in conjunction with the broad- (b) More than one aural broadcast casting operations. STL or intercity relay station may be (g) All program material, including licensed to a single licensee upon a sat- subsidiary communications, transmit- isfactory showing that the additional ted over an aural broadcast STL or stations are needed to provide different intercity relay station shall be in- program circuits to more than one

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broadcast station, to provide program (3) The remote control system must circuits from other studios, or to pro- prevent inadvertent transmitter oper- vide one or more intermediate relay ation due to malfunctions in circuits stations over a path which cannot be between the control point and trans- covered with a single station due to mitter. terrain or distance. (b) Aural broadcast auxiliary sta- (c) If more than one broadcast sta- tions may be operated unattended sub- tion or class of broadcast station is to ject to the following provisions: be served by a single aural broadcast (1) The transmitter shall be provided auxiliary station, this information with adequate safeguards to prevent must be stated in the application for improper operation of the equipment. construction permit or license. (2) The transmitter installation shall (d) Licensees of aural broadcast STL be adequately protected against tam- and intercity relay stations may be au- pering by unauthorized persons. thorized to operate one or more aural (3) Whenever an unattended aural broadcast microwave booster stations broadcast auxiliary station is used, ap- for the purpose of relaying signals over propriate observations must be made a path that cannot be covered with a at the receiving end of the circuit as single station. often as necessary to ensure proper sta- NOTE: Applications for aural broadcast tion operation. However, an aural microwave booster stations will not be ac- broadcast STL (and any aural broad- cepted for filing prior to January 1, 1985. cast microwave booster station) associ- (e) Each aural broadcast auxiliary ated with a radio or TV broadcast sta- station will be licensed at a specified tion operated by remote control may transmitter location to communicate be observed by monitoring the broad- with a specified receiving location, and cast station’s transmitted signal at the the direction of the main radiation remote control or ATS monitoring lobe of the transmitting antenna will point. be a term of the station authorization. (c) The FCC may notify the licensee (f) In case of permanent discontinu- to cease or modify operation in the ance of operation of a station licensed case of frequency usage disputes, inter- under this subpart, the licensee shall ference or similar situations where forward the station license to the Fed- such action appears to be in the public eral Communications Commission, interest, convenience and necessity. Broadcast Auxiliary Radio Services, 1270 Fairfield Road, Gettysburg, Penn- (Sec. 318, 48 Stat. 1089, as amended by sec. 1, sylvania 17325 for cancellation. 74 Stat. 363; 47 U.S.C. 318) [28 FR 13716, Dec. 14, 1963, as amended at 47 [28 FR 13716, Dec. 14, 1963, as amended at 49 FR 55936, Dec. 14, 1982; 49 FR 7130, Feb. 27, FR 7129, Feb. 27, 1984; 49 FR 10930, Mar. 23, 1984; 50 FR 32417, Aug. 12, 1985; 50 FR 48599, 1984; 52 FR 31403, Aug. 20, 1987; 55 FR 50693, Nov. 26, 1985; 60 FR 55483, Nov. 1, 1995] Dec. 10, 1990; 57 FR 41111, Sept. 9, 1992; 58 FR 19775, Apr. 16, 1993] § 74.534 Power limitations. § 74.533 Remote control and unat- (a) for operation in the 944–952 MHz tended operation. band: (a) Aural broadcast STL and inter- Aural broadcast STL and intercity city relay stations may be operated by relay stations will be licensed with a remote control provided that such op- power output not in excess of that nec- eration is conducted in accordance essary to render satisfactory service. with the conditions listed below: The license for these stations will (1) The remote control system must specify the maximum authorized provide adequate monitoring and con- power. The operating power shall not trol functions to permit proper oper- be greater than necessary to carry on ation of the station. the service and in no event more than (2) The remote control system must 5 percent above the maximum power be designed, installed, and protected so specified. Engineering standards have that the transmitter can only be acti- not been established for these stations. vated or controlled by persons author- The efficiency factor for the last radio ized by the licensee. stage of transmitters employed will be

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subject to individual determination but [50 FR 4658, Feb. 10, 1985, as amended at 50 shall be in general agreement with val- FR 7341, Feb. 22, 1985] ues normally employed for similar equipment operated within the fre- § 74.535 Emission and bandwidth. quency range authorized. (a) For frequency modulation, the (b) For stations operating in bands mean power of emissions shall be at- above 17.7 GHz, the transmitter output tenuated below the mean transmitter power shall be limited to that nec- power (P) in accordance with the fol- essary to accomplish the function of lowing schedule: the system. Further, the output power (1) On any frequency removed from of a transmitter on any authorized fre- the assigned frequency by more than quency shall not exceed the following: 50% and up to 100% of the authorized (1) bandwidth: at least 25 dB. (2) On any frequency removed from Maximum the assigned frequency by more than transmitter Frequency band (GHz) output 100% and up to 150% of the authorized power bandwidth: at least 35 dB. (watts)1 (3) On any frequency removed from 17.7 to 19.7 ...... 10.0 the assigned frequency by more than 31.0 to 31.3 ...... 0.05 150% of the authorized bandwidth: at 1 Peak envelope power. least 43 + 10 Log(P) dB. (b) For all emissions except fre- (2) quency modulation, the peak power of emissions shall be attenuated below Maximum the peak envelope transmitter power Frequency band (GHz) allowable EIRP (P) in accordance with the following (dBW) schedule: 17.7 to 18.6 ...... +55.0 (1) On any frequency 500 Hz inside the 18.6 to 18.8 ...... +35.0 channel edge up to and including 2500 18.8 to 19.7 ...... +35.0 Hz outside the same edge, the following 31.0 to 31.3 ...... No limit formula will apply:

 25  W 2  Attenuation = 29 Log D +2. 5 −  dB  11  2  

or 50 dB whichever is the lesser attenu- attenuated below the mean output ation. Where: D is the displacement power of the transmitter in accordance frequency (kHz) from the center of the with the following schedule: authorized bandwidth; and W is the (1) When using frequency modulation: channel bandwidth (kHz). (i) On any frequency removed from (2) On any frequency removed from the assigned frequency by more than 50 the channel edge by more than 2500 Hz: percent up to and including 100 percent At least 43+10 Log (P) dB. of the authorized bandwidth: At least (c) In the event a station’s emissions 25 decibels; outside its authorized channel cause (ii) On any frequency removed from harmful interference, the Commission the assigned frequency by more than may require the licensee to take such 100 percent up to and including 250 per- further steps as may be necessary to cent of the authorized bandwidth: At eliminate the interference. least 35 decibels; (d) For operation in the 18 GHz band: (iii) On any frequency removed from Aural broadcast STL, intercity relay the assigned frequency by more than stations and booster stations may be 250 percent of the authorized band- authorized to employ either digital or width: At least 43+10 log 10 (mean out- frequency modulation. put power in watts) decibels, or 80 deci- (e) For operation in the 18 GHz band: bels, whichever is the lesser attenu- The mean power of emission shall be ation.

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(2) When using digital modulation: mine the efficacy of remedial meas- (i) In any 1 MHz band, the center fre- ures. quency of which is removed from the (3) In each instance where suspension assigned frequency by more than 50 of operation is required, the licensee percent up to and including 250 percent must submit a full report to the FCC of the authorized bandwidth: As speci- after operation is resumed. The report fied by the following equation but in no must contain details of the nature of event less than 11 decibels. the interference, the source of interfer-

A = 11 + 0.4 (P–50) + 10 log10 B ing signals, and the remedial steps Where: taken to eliminate the interference. A = Attenuation (in decibels) below the mean [28 FR 13716, Dec. 14, 1963, as amended at 48 output power level. FR 50332, Nov. 1, 1983; 49 FR 7130, Feb. 27, P = Percent removed from the carrier fre- 1984; 49 FR 37777, Sept. 26, 1984; 50 FR 48599, quency. Nov. 26, 1985] B = Authorized bandwidth in MHz. [Attenuation greater than 56 decibels § 74.536 Directional antenna required. is not required.] (a) Aural broadcast STL and ICR sta- (ii) In any 4 kHz band, the center fre- tions are required to use a directional quency of which is removed from the antenna with the minimum beamwidth assigned frequency by more than 250 necessary, consistent with good engi- percent of the authorized bandwidth: neering practice, to establish the link. At least 43 + 10 log10 (mean output power in watts) decibels, or 80 decibels, (b) An aural broadcast STL or inter- whichever is the lesser attenuation. city relay station operating in the 17.7– (f) For operation in the 18 GHz band: 19.7 GHz band shall employ an antenna When an emission outside of the au- that meets the performance standards thorized bandwidth causes harmful in- for Category A, except that in areas terference, the Commission may, at its not subject to frequency congestion, discretion require greater attenuation antennas meeting standards for Cat- than specified above. egory B may be employed. However, (g) The following limitations apply the Commission may require the re- to the operation of aural broadcast placement, at the licensee’s expense, of microwave booster stations: any antenna or periscope antenna sys- (1) The booster station must receive tem of a permanent fixed station that and amplify the signals of the originat- does not meet performance Standard A, ing station and retransmit them on the which is specified in the table in para- same frequency without significantly graph (c) of this section, upon a show- altering them in any way. The charac- ing that said antenna causes or is like- teristics of the booster transmitter ly to cause interference to (or receive output signal shall meet the require- interference from) any other author- ments applicable to the signal of the ized or proposed station; provided that originating station. an antenna meeting performance (2) The licensee is responsible for cor- Standard A is unlikely to involve such recting any condition of interference that results from the radiation of radio interference. frequency energy outside the assigned (c) Licensees shall comply with the channel. Upon notice by the FCC to the antenna standards table shown in this station licensee that interference is paragraph in the following manner: being caused, operation of the appara- (1) With either the maximum beam- tus must be immediately suspended width to 3 dB points requirement or and may not be resumed until the in- with the minimum antenna gain re- terference has been eliminated or it quirement; and can be demonstrated that the inter- (2) With the minimum radiation sup- ference is not due to spurious emis- pression to angle requirement. sions. However, short term test trans- missions may be made during the pe- riod of suspended operation to deter-

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ANTENNA STANDARDS

Maximum Minimum radiation suppression to angle in de- beam- grees from centerline of main beam in decibels width to 3 dB Minimum Frequency (GHz) Category 1 antenna ° ° ° ° ° ° points gain (dbi) 5° to 10 15 20 30 100 140 (INCLUDED 10° to to to to to to ANGLE IN 15° 20° 30° 100° 140° 180° DEGREES)

17.7 to 19.7 ...... A 2.2 38 25 29 33 36 42 55 55 B 2.2 38 20 24 28 32 35 36 36 31.0 to 31.3 2 ...... n/a 3 4.0 38 n/a n/a n/a n/a n/a n/a n/a 1 If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation planes. 2 Mobile, except aeronautical mobile, stations need not comply with these standards. 3 The minimum front-to-back ratio shall be 38 dBi. [48 FR 50333, Nov. 1, 1983, as amended at 49 FR 7130, Feb. 27, 1984; 50 FR 48599, Nov. 26, 1985; 51 FR 19840, June 3, 1986; 62 FR 4922, Feb. 3, 1997]

§ 74.537 Temporary authorizations. thorization, call letters of the aural (a) Special temporary authority may broadcast STL or intercity relay sta- be granted for aural broadcast STL or tion, if assigned, type and manufac- intercity relay station operation which turer of equipment, power output, cannot be conducted in accordance emission, frequency or frequencies pro- with § 74.24. Such authority will nor- posed for use, commencement and ter- mally be granted only for operations of mination date and location of the pro- a temporary nature. Where operation is posed operation, and purpose for which seen as likely on a continuing annual request is made including any particu- basis, an application for a regular au- lar justification. thorization should be submitted. (d) A request for special temporary (b) A request for special temporary authorization shall specify a frequency authorization for the operation of an or frequencies consistent with the pro- aural broadcast STL or intercity relay visions of § 74.502. However, in the case station may be made by informal appli- of events of widespread interest and cation which shall be filed with the importance which cannot be transmit- FCC at least 10 days prior to the date ted successfully on these frequencies, of the proposed operation. However, an frequencies assigned to other services application filed within less than 10 may be requested upon a showing that days of the proposed operation may be operation thereon will not cause inter- accepted upon a satisfactory showing ference to established stations. In no of the reasons for the delay in submit- ting the request. case will operation of an aural broad- (c) An informal request for special cast STL or intercity relay station be temporary authority requiring pay- authorized on frequencies employed for ment of a fee shall be addressed to the the safety of life or property. FCC at Federal Communications Com- (e) When the transmitting equipment mission, Broadcast Auxiliary Radio utilized is not licensed to the user, the Services, P.O. Box 358700, Pittsburgh, user shall nevertheless have full con- PA 15251–5700. An informal request for trol over the use of the equipment dur- special temporary authority not re- ing the period it is operated. quiring payment of a fee shall be ad- (f) Special temporary authorization dressed to the FCC at Federal Commu- to permit operation of aural broadcast nications Commission, Broadcast Aux- STL or intercity relay stations or sys- iliary Radio Services, 1270 Fairfield tems pending FCC action on an appli- Road, Gettysburg, Pennsylvania 17325. cation for regular authority will nor- All requests must include full particu- mally not be granted. lars including: licensee’s name, call letters of the associated broadcast sta- [47 FR 9220, Mar. 4, 1982, as amended at 50 FR tion(s), name and address of individual 23709, June 5, 1985; 58 FR 19775, Apr. 16, 1993] designated to receive the return au-

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§ 74.550 Equipment authorization. than 720 cumulative hours per year. Should interference occur, the licensee must take Each authorization for aural broad- all steps necessary to eliminate it, up to and cast STL, ICR, and booster stations including cessation of operation of the auxil- shall require the use of equipment iary transmitter. All unapproved equipment which has been certificated or verified. retained for temporary use must have been Equipment which has not been ap- in the possession of the licensee prior to July proved under the equipment authoriza- 1, 1993, and may not be obtained from other tion program and which was in service sources. Requirements for obtaining a grant prior to July 1, 1993, may be retained of equipment authorization are contained in subpart J of part 2 of the Rules. Equipment solely for temporary uses necessary to designed exclusively for fixed operation shall restore or maintain regular service be authorized under notification procedures provided by approved equipment, be- (see § 2.904(d) of this chapter). cause the main or primary unit has NOTE: Consistent with the note to failed or requires servicing. Such tem- § 74.502(a), grandfathered equipment in the porary uses may not interfere with or 942–944 MHz band and STL/ICR users of these impede the establishment of other frequencies in Puerto Rico are also required aural broadcast auxiliary links and to come into compliance by July 1, 1993. The may not occur during more than 720 backup provisions described above apply to cumulative hours per year. Should in- these stations also. terference occur, the licensee must take all steps necessary to eliminate [60 FR 14225, Mar. 16, 1995] it, up to and including cessation of op- § 74.551 Equipment changes. eration of the auxiliary transmitter. All unapproved equipment retained for (a) Prior Commission approval, upon temporary use must have been in the appropriate application (FCC Form 313) possession of the licensee prior to July therefor, is required for any of the fol- 1, 1993, and may not be obtained from lowing changes: other sources. Equipment designed ex- (1) A change in the ERP. clusively for fixed operation shall be (2) A change in the operating fre- authorized under the verification pro- quency or channel bandwidth. cedure. The equipment authorization (3) A change in the location of the procedures are contained in subpart J transmitter or transmitting antenna of part 2 of the rules. except when relocation of the trans- NOTE TO § 74.550: Consistent with the note mitter is within the same building. to § 74.502(a), grandfathered equipment in the (4) Any change in the overall height 942–944 MHz band and STL/ICR users of these of the antenna structure, except where frequencies in Puerto Rico are also required notice to the Federal Aviation Admin- to come into compliance by July 1, 1993. The istration is specifically not required backup provisions described above apply to under § 17.14(b) of this chapter. these stations also. (5) Any change in the direction of the [63 FR 36604, July 7, 1998] main radiation lobe of the transmit- EFFECTIVE DATE NOTE: At 63 FR 36604, July ting antenna. 7, 1998, § 74.550 was revised. For the conven- (b) Other equipment changes not spe- ience of the user, the superseded text is set cifically referred to in this section may forth as follows: be made at the discretion of the li- § 74.550 Equipment authorization. censee, provided that the FCC at Fed- eral Communications Commission, Each authorization for aural broadcast STL, ICR, and booster stations shall require Broadcast Auxiliary Radio Services, the use of notified or type accepted equip- 1270 Fairfield Road, Gettysburg, Penn- ment. Equipment which has not been type sylvania 17325 is promptly notified in approved under the equipment authorization writing upon the completion of such program and which was in service prior to changes, and that the changes are de- July 1, 1993, may be retained solely for tem- scribed in the notification. porary uses necessary to restore or maintain (c) Any application proposing a regular service provided by approved equip- change in the height of the antenna ment, because the main or primary unit has failed or requires servicing. Such temporary structure or its location must also in- uses may not interfere with or impede the clude the Antenna Structure Registra- establishment of other aural broadcast auxil- tion Number (FCC Form 854R) of the iary links and may not occur during more antenna structure upon which it will

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locate its proposed antenna. In the tion so that the documents will be event the antenna structure does not readily available and easily accessible. have a Registration Number, either the antenna structure owner shall file FCC [48 FR 24385, June 1, 1983, as amended at 60 Form 854 (‘‘Application for Antenna FR 55483, Nov. 1, 1995] Structure Registration’’) in accordance § 74.582 Station identification. with part 17 of this chapter or the ap- plicant shall provide a detailed expla- (a) Each aural broadcast STL or nation why registration and clearance intercity relay station, when transmit- are not necessary. ting program material or information [28 FR 13716, Dec. 14, 1963, as amended at 38 shall transmit station identification at FR 6827, Mar. 13, 1973; 47 FR 54448, Dec. 3, the beginning and end of each period of 1982; 49 FR 7130, Feb. 27, 1984; 50 FR 48599, operation, and hourly, as close to the Nov. 26, 1985; 58 FR 19775, Apr. 16, 1993; 61 FR hour as feasible, at a natural break in 4368, Feb. 6, 1996] program offerings by one of the follow- ing means: § 74.561 Frequency tolerance. (1) Transmission of its own call sign In the bands above 944 MHz, the oper- by aural means or by automatic trans- ating frequency of the transmitter mission of international Morse teleg- shall be maintained in accordance with raphy. the following table: (2) Aural transmission of the call Tolerance as sign of the radio broadcast station with percentage of Frequency band (MHz) assigned fre- which it is licensed as an STL or inter- quency city relay station. 944 to 952 ...... 0.005 (3) Aural transmission of the call 17,700 to 19,700 ...... 0.003 sign of the radio broadcast station 31,000 to 31,300 ...... 0.03 whose signals are being relayed, or, when programs are obtained directly [54 FR 30043, July 18, 1989] from network lines and relayed, the network identification. § 74.562 Frequency monitors and measurements. (b) Station identification trans- missions during operation need not be The licensee shall ensure that the made when to make such transmission STL, ICR, TVP, or booster transmitter does not exceed the emission limita- would interrupt a single consecutive tions of § 74.535. This may be accom- speech, play, religious service, sym- plished by appropriate frequency meas- phony concert, or other such produc- urement techniques and consideration tions. In such cases, the identification of the transmitter emissions. transmission shall be made at the first interruption of the entertainment con- [50 FR 48599, Nov. 26, 1985] tinuity and at the conclusion thereof. § 74.564 Posting of station license. (c) Where more than one aural broad- cast STL or intercity relay station is (a) The station license and any other instrument of authorization or individ- employed in an integrated relay sys- ual order concerning the construction tem, the station at the point of origi- of the equipment or manner of oper- nation may originate the transmission ation of the station shall be posted in of the call signs of all of the stations in the room in which the transmitter is the relay system. located, provided that if the station is (d) Aural broadcast microwave boost- operated by remote control pursuant to er stations will be assigned individual § 74.533, the station license shall be call signs. However, station identifica- posted at the operating position. tion will be accomplished by the re- (b) Posting of the station license and transmission of identification as pro- any other instruments of authorization vided in paragraph (a) of this section. shall be done by affixing the licenses to (e) Voice transmissions shall nor- the wall at the posting location, or by mally be employed for station identi- enclosing them in a binder or folder fication. However, other methods of which is retained at the posting loca-

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station identification may be per- (d) TV translator relay station. A fixed mitted or required by the Commission. station used for relaying programs and signals of TV broadcast stations to [28 FR 13716, Dec. 14, 1963, as amended at 42 FR 36830, July 18, 1977; 42 FR 38178, July 27, LPTV, TV translator, and to other 1977; 45 FR 26067, Apr. 17, 1980; 49 FR 7130, communications facilities that the Feb. 27, 1984] Commission may authorize or for other purposes as permitted by § 74.631. Subpart F—Television Broadcast (e) TV broadcast licensee. Licensees and permittees of both TV broadcast Auxiliary Stations and low power TV stations, unless spe- § 74.600 Eligibility for license. cifically otherwise indicated. (f) TV microwave booster station. A A license for a station in this subpart fixed station in the TV broadcast auxil- will be issued only to a television iary service that receives and amplifies broadcast station, a television broad- signals of a TV pickup, TV STL, TV cast network-entity, a low power tele- relay, or TV translator relay station vision station, or a television trans- and retransmits them on the same fre- lator station. quency. [52 FR 7142, Mar. 9, 1987] [47 FR 21496, May 18, 1982, as amended at 48 FR 17091, Aug. 21, 1983; 49 FR 7130, Feb. 27, § 74.601 Classes of TV broadcast auxil- 1984] iary stations. (a) TV pickup stations. A land mobile § 74.602 Frequency assignment. station used for the transmission of TV (a) The following frequencies are program material and related commu- available for assignment to television nications from scenes of events occur- pickup, television STL, television ring at points removed from TV broad- relay and television translator relay cast station studios to TV broadcast or stations. The band segments 17,700– low power TV stations or other pur- 18,580 and 19,260–19,700 MHz are avail- poses as authorized in § 74.631. able for broadcast auxiliary stations as (b) TV STL station (studio-transmitter described in paragraph (g) of this sec- link). A fixed station used for the trans- tion. Additionally, the band 38.6–40.0 mission of TV program material and GHz is available for assignment with- related communications from the stu- out channel bandwidth limitation to dio to the transmitter of a TV broad- TV pickup stations on a secondary cast or low power TV station or other basis to fixed stations. The band seg- purposes as authorized in § 74.631. ment 6425–6525 MHz is available for (c) TV relay station. A fixed station broadcast auxiliary stations as de- used for transmission of TV program scribed in paragraph (j) of this section. material and related communications Broadcast network-entities may also for use by TV broadcast and low power use the 1990–2110, 6425–6525 and 6875–7125 TV stations or other purposes as au- MHz bands for mobile television pick- thorized in § 74.631. up only.

Band D 1 GHz

Band A MHz Band B MHz Group A channels Group B channels Channel bound- Channel bound- Designation aries Designation aries

1990±2008 ...... A01 ...... 12.700±12.725 B01 ...... 12.7125± 12.7375 2008±2025 ...... A02 ...... 12.725±12.750 B02 ...... 12.7375± 12.7625 2025±2042 ...... A03 ...... 12.750±12.775 B03 ...... 12.7265± 12.7875 2042±2059 ...... A04 ...... 12.775±12.800 B04 ...... 12.7875± 12.8125 2059±2076 ...... 6875±6900 ...... A05 ...... 12.800±12.825 B05 ...... 12.8125± 12.8375 2076±2093 ...... 6900±6925 ...... A06 ...... 12.825±12.850 B06 ...... 12.8375± 12.8625

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Band D 1 GHz

Band A MHz Band B MHz Group A channels Group B channels Channel bound- Channel bound- Designation aries Designation aries

2093±2110 ...... 6925±6950 ...... A07 ...... 12.850±12.875 B07 ...... 12.8625± 12.8875 2450±2467 ...... 6950±6975 ...... A08 ...... 12.875±12.900 B08 ...... 12.8875± 12.9125 2467±2483.5 ...... 6975±7000 ...... A09 ...... 12.900±12.925 B09 ...... 12.9125± 12.9375 7000±7025 ...... A10 ...... 12.925±12.950 B10 ...... 12.9375± 12.9625 7025±7050 ...... A11 ...... 12.950±12.975 B11 ...... 12.9625± 12.9875 7050±7075 ...... A12 ...... 12.975±13.000 B12 ...... 12.9875± 12.0125 7075±7100 ...... A13 ...... 13.000±13.025 B13 ...... 13.0125± 13.0375 7100±7125 ...... A14 ...... 13.025±13.050 B14 ...... 13.0375± 13.0625 A15 ...... 13.050±13.075 B15 ...... 13.0625± 13.0875 A16 ...... 13.075±13.100 B16 ...... 13.0875± 13.1125 A17 ...... 13.100±13.125 B17 ...... 13.1125± 13.1375 A18 ...... 13.125±13.150 B18 2 ...... 13.1375± 13.1625 A19 2 ...... 13.150±13.175 B19 2 ...... 13.1625± 13.1875 A20 2 ...... 13.175±13.200 B20 2 ...... 13.1875± 13.2125 A21 ...... 13.200±13.225 B21 ...... 13.2125± 13.2375 A22 ...... 13.225±13.250 1 For fixed stations using Band D Channels, applicants are encouraged to use alternate A and B channels such that adjacent R.F. carriers are spaced 12.5 MHz. As example, a fixed station, relaying several channels, would use A01, B01, A02, B02, A03, etc. 2 The band 13.15±13.20 GHz is reserved exclusively for the assignment of Television Pickup and CARS Pickup stations on a co-equal basis within a 50 km radius of each of the 100 television markets delineated in Section 76.51. Fixed television auxiliary stations licensed pursuant to applications accepted for filing before Sept. 1, 1979, may continue operation on channels in the 13.15±13.20 GHz band, subject to periodic license renewals.

(1) Frequencies shown above between 38.6–40 GHz on a secondary basis to stations 2450 and 2500 MHz in Band A are allo- operating in the fixed services. cated to accommodate the incidental US90 In the band 2025–2120 MHz earth-to- space transmissions in the space research radiations of industrial, scientific, and and earth exploration satellite services by medical (ISM) equipment, and stations Government and non-Government stations operating therein must accept any in- as specific locations may be authorized sub- terference that may be caused by the ject to such conditions as may be applied on operation of such equipment. Fre- a case-by-case basis. quencies between 2450 and 2500 MHz are US111 In the band 1990–2120 MHz, Govern- ment space research earth station may be also shared with other communication authorized to use specific frequencies at spe- services and exclusive channel assign- cific locations for earth-to-space trans- ments will not be made, nor is the missions. Such authorizations shall be sec- channeling shown above necessarily ondary to non-Government use of this band that which will be employed by such and subject to such other conditions as may be applied on a case-by-case basis. other services. (2) The following notes to the Table Corpus Christi, Tex., 27°39′ N., 097°23′ W. ° ′ ° ′ of Frequency Allocations contained in Fairbanks, Alaska, 64 59 N, 147 53 W. Goldstone, Calif., 35°18′ N. 116°54′ W. § 2.106 apply to the shared use of the Greenbelt, Md., 39°00′ N, 076°50′ W. frequency bands shown above: Guam, Mariana Islands, 13°19′ N, 144°44′ E. Kanai, Hawaii, 22°08′ N, 159°40′ W. NG 123 Television pickup stations may be Meritt Island, Fla., 28°29′ N, 080°35′ W. authorized to use frequencies in the band Rosman, N.C., 35°12′ N, 082°52′ W.

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Wallops Island, Va., 37°57′ N, 075°28′ W. certain Private Operational Fixed Sta- US219 In the band 2025–2110 MHz, Govern- tions, see § 74.638. ment Earth resources satellite Earth sta- (e) Communication common carriers tions in the Earth exploration-satellite serv- in the Local Television Transmission ice may be authorized to use the frequency Service (Part 21) may be assigned fre- 2106.4 MHz for Earth-to-space transmissions quencies available to television broad- for tracking, telemetry, and telecommand at cast station licensees and broadcast the sites listed below. Such transmissions network entities for the purpose of pro- shall not cause harmful interference to non- viding service to television broadcast Government operations. stations and broadcast network—enti- US222 In the band 2025–2035 MHz geo- ties, respectively. stationary operational environmental sat- (f) TV auxiliary stations licensed to ellite Earth stations in the space research and Earth exploration-satellite services may low power TV stations and translator be authorized on a coequal basis for Earth- relay stations will be assigned on a sec- to-space transmission for tracking, telem- ondary basis, i.e., subject to the condi- etry, and telecommand at the sites listed tion that no harmful interference is below: caused to other TV auxiliary stations assigned to TV broadcast stations, or Wallops Is., Va. 37°50′ 48′′ N., 75°27′ 33′′ W. to community antenna relay stations Seattle, Wash. 47°34′ 15′′ N., 122°33′ 10′′ W. Honolulu, Hawaii 21°21′ 12′′ N., 157°52′ 36′′ W. (CARS) operating between 12,700 and 13,200 MHz. Auxiliary stations licensed NG147 Stations in the broadcast auxiliary to low power TV stations and trans- service and private radio services licensed as lator relay stations must accept any of July 25, 1985, or on a subsequent date fol- lowing as a result of submitting an applica- interference caused by stations having tion for license on or before July 25, 1985, primary use of TV auxiliary fre- may continue to operate on a primary basis quencies. to the radiodetermination satellite service. (g) The following frequencies are (b) Subject to the conditions of para- available for assignment to television graph (a) of this section, frequency as- STL, television relay stations and tele- signments will normally be made as re- vision translator relay stations. The quested, provided that the frequency provisions of Section 74.604 do not selection provisions of § 74.604 have apply to the use of these frequencies. been followed and that the frequency These frequencies are shared on a co- requested will cause no interference to equal basis with other stations in the existing users in the area. The Com- fixed service (see Parts 21, 78 and 94). mission reserves the right to assign Applicants may use either a two-way frequencies other than those requested link or one or both frequencies of a fre- if, in its opinion, such action is war- quency pair for a one-way link and ranted. shall coordinate proposed operations (c) Fixed link stations will be author- pursuant to procedures required in ized to operate on one channel only. § 21.100(d). (1) 2 MHz maximum authorized band- (d) Community antenna relay sta- width channel: tions may be assigned channels in Band D between 12,700 and 13,200 MHz subject Receive to the condition that no harmful inter- Transmit (receive) (MHz) (transmit) (MHz) ference is caused to TV STL and TV relay stations authorized at the time of 18141.0 ...... n/a such grants. Similarly, new TV STL and TV relay stations must not cause (2) 6 MHz maximum authorized band- harmful interference to community an- width channels: tenna relay stations authorized at the Receive time of such grants. The use of chan- Transmit (receive) (MHz) (transmit) nels between 12,700 and 13,200 MHz by (MHz) TV pickup stations is subject to the 216 MHz Separation condition that no harmful interference is caused to community antenna relay, 18145.0 ...... n/a TV STL and TV relay stations, except 18151.0 ...... 18367.0 18157.0 ...... 18373.0 as provided for in § 74.602(a) Note 2. 18163.0 ...... 18379.0 Band D channels are also shared with 18169.0 ...... 18385.0

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Receive Receive Transmit (receive) (MHz) (transmit) Transmit (receive) (MHz) (transmit) (MHz) (MHz)

18175.0 ...... 18391.0 18005.0 ...... 19565.0 18181.0 ...... 18397.0 18015.0 ...... 19575.0 18187.0 ...... 18403.0 18025.0 ...... 19585.0 18193.0 ...... 18409.0 18035.0 ...... 19595.0 18199.0 ...... 18415.0 18045.0 ...... 19605.0 18205.0 ...... 18421.0 18055.0 ...... 19615.0 18211.0 ...... 18427.0 18065.0 ...... 19625.0 18217.0 ...... 18433.0 18075.0 ...... 19635.0 18223.0 ...... 18439.0 18085.0 ...... 19645.0 18229.0 ...... 18445.0 18095.0 ...... 19655.0 18235.0 ...... 18451.0 18105.0 ...... 19665.0 18241.0 ...... 18457.0 18115.0 ...... 19675.0 18247.0 ...... 18463.0 18125.0 ...... 19685.0 18253.0 ...... 18469.0 18135.0 ...... 19695.0 18259.0 ...... 18475.0 18265.0 ...... 18481.0 (4) 20 MHz maximum authorized 18271.0 ...... 18487.0 18277.0 ...... 18493.0 bandwidth channels: 18283.0 ...... 18499.0 18289.0 ...... 18505.0 Receive 18295.0 ...... 18511.0 Transmit (receive) (MHz) (transmit) 18301.0 ...... 18517.0 (MHz) 18307.0 ...... 18523.0 18313.0 ...... 18529.0 1560 MHz Separation 18319.0 ...... 18535.0 18325.0 ...... 18541.0 17710.0 ...... 19270.0 18331.0 ...... 18547.0 17730.0 ...... 19290.0 18337.0 ...... 18553.0 17750.0 ...... 19310.0 18343.0 ...... 18559.0 17770.0 ...... 19330.0 18349.0 ...... 18565.0 17790.0 ...... 19350.0 18355.0 ...... 18571.0 17810.0 ...... 19370.0 18361.0 ...... 18577.0 17830.0 ...... 19390.0 17850.0 ...... 19410.0 (3) 10 MHz maximum authorized 17870.0 ...... 19430.0 17890.0 ...... 19450.0 bandwidth channels: 17910.0 ...... 19470.0 17930.0 ...... 19490.0 Receive 17950.0 ...... 19510.0 Transmit (receive) (MHz) (transmit) 17970.0 ...... 19530.0 (MHz) 17990.0 ...... 19550.0 18010.0 ...... 19570.0 1560 MHz Separation 18030.0 ...... 19590.0 18050.0 ...... 19610.0 17705.0 ...... 19265.0 18070.0 ...... 19630.0 17715.0 ...... 19275.0 18090.0 ...... 19650.0 17725.0 ...... 19285.0 18110.0 ...... 19670.0 17735.0 ...... 19295.0 18130.0 ...... 19690.0 17745.0 ...... 19305.0 17755.0 ...... 19315.0 (5) 40 MHz maximum authorized 17765.0 ...... 19325.0 17775.0 ...... 19335.0 bandwidth channels: 17785.0 ...... 19345.0 17795.0 ...... 19355.0 Receive 17805.0 ...... 19365.0 Transmit (receive) (MHz) (transmit) 17815.0 ...... 19375.0 (MHz) 17825.0 ...... 19385.0 17835.0 ...... 19395.0 1560 MHz Separation 17845.0 ...... 19405.0 17855.0 ...... 19415.0 17720.0 ...... 19280.0 17865.0 ...... 19425.0 17760.0 ...... 19320.0 17875.0 ...... 19435.0 17800.0 ...... 19360.0 17885.0 ...... 19445.0 17840.0 ...... 19400.0 17895.0 ...... 19455.0 17880.0 ...... 19440.0 17905.0 ...... 19465.0 17920.0 ...... 19480.0 17915.0 ...... 19475.0 17960.0 ...... 19520.0 17925.0 ...... 19485.0 18000.0 ...... 19560.0 17935.0 ...... 19495.0 18040.0 ...... 19600.0 17945.0 ...... 19505.0 18080.0 ...... 19640.0 17955.0 ...... 19515.0 18120.0 ...... 19680.0 17965.0 ...... 19525.0 17975.0 ...... 19535.0 17985.0 ...... 19545.0 (6) 80 MHz maximum authorized 17995.0 ...... 19555.0 bandwidth channels:

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Receive (Secs. 4, 5, 303, 48 Stat., as amended, 1066, Transmit (receive) (MHz) (transmit) 1068, 1082; 47 U.S.C. 154, 155, 303) (MHz) [28 FR 13718, Dec. 14, 1963] 1560 MHz Separation EDITORIAL NOTE: For FEDERAL REGISTER ci- 17740.0 ...... 19300.0 tations affecting § 74.602, see the List of CFR 17820.0 ...... 19380.0 Sections Affected in the Finding Aids sec- 17900.0 ...... 19460.0 tion of this volume. 17980.0 ...... 19540.0 18060.0 ...... 19620.0 § 74.603 Sound channels. (h) TV STL and TV relay stations (a) The frequencies listed in § 74.602(a) may be authorized, on a secondary may be used for the simultaneous basis and subject to the provisions of transmission of the picture and sound Subpart G of this chapter, to operate portions of TV broadcast programs and fixed point-to-point service on the for cue and order circuits, either by UHF–TV channels 14–69. These stations means of multiplexing or by the use of must not interfere with and must ac- a separate transmitter within the same cept interference from current and fu- channel. When multiplexing of a TV ture full-power UHF–TV stations, STL station is contemplated, consider- LPTV stations, translator stations. ation should be given to the require- They will also be secondary to current ments of § 73.687 of this Chapter regard- land mobile stations (in areas where ing the overall system performance re- land mobile sharing is currently per- quirements. Applications for new TV mitted and contingent on the decision pickup, TV STL, TV relay and TV reached in the pending Dockets No. 85– translator relay stations shall clearly 172 and No. 84–902). indicate the nature of any mutliplexing (i) 6425 to 6525 MHz—Mobile Only. proposed. Multiplexing equipment may Paired and un-paired operations per- be installed on licensed equipment mitted. Use of this spectrum for direct without authority of the FCC, provided delivery of programs to the gen- the installation of such apparatus on a eral public or multi-channel cable dis- TV STL station shall not result in deg- tribution is not permitted. This band is radation of the overall system perform- co-equally shared with mobile stations ance of the TV broadcast station below licensed pursuant to Parts 21, 78 and 94 that permitted by § 73.687 of this chap- of the Commission’s Rules. The follow- ter. ing channel plans apply. (b) The aural portion of television (1) 1 MHz maximum authorized band- broadcast program material may be width channels. transmitted over an aural broadcast STL or intercity relay station licensed Transmit (or receive MHz) Receive (or transmit) (MHz) under the provisions of Subpart E of 6425.5 6475.5 this part, but only on a secondary, non- 6450.5 6500.5 interference basis to the programming of aural broadcast stations. A TV sta- (2) 8 MHz maximum authorized band- tion licensee may continue such oper- width channels. ation until the channel assigned to its Transmit (or receive MHz) Receive (or transmit) (MHz) Subpart E station is requested by an aural broadcast licensee after a show- 6430.0 6480.0 ing that no other vacant channels are 6438.0 6488.0 6446.0 6596.0 available or satisfactory. Upon Com- 6455.0 6505.0 mission concurrence with the aural 6463.0 6513.0 broadcast licensee request, the TV sta- 6471.0 6521.0 tion licensee will be required to dis- continue operation on the requested (3) 25 MHz maximum authorized frequency. In areas where only a por- bandwidth channels. tion of the Subpart E frequencies used Transmit (or receive MHz) Receive (or transmit (MHz) by TV station licensees are required by aural broadcast licensees, the Commis- 6437.5 6487.5 sion will assist all affected parties in 6462.5 6512.5 arriving at an equitable solution. The

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provisions of this paragraph do not pre- arrangements, to assure an equitable clude continued use of Subpart E facili- distribution of available frequencies. ties for relay of TV sound where the fa- (c) For those interference disputes cilities are authorized to an aural brought to the Commission for resolu- broadcast licensee and the primary tion, TV broadcast auxiliary channels purpose of the station is to relay aural will have the following priority for pur- broadcast programming. poses of interference protection: (c) Aural STL or intercity relay sta- (1) All fixed links for full service tions licensed as of July 10, 1970, to op- broadcast stations and cable systems. erate in the frequency band 942–947 (2) TV and CARS pickup stations. MHz, may continue to so operate pend- (3) Fixed or mobile stations serving ing a decision as to their disposition translator or low power TV stations. through a future rule making proceed- (4) Backup facilities; TV pickup sta- ing. tions used outside a licensee’s local (d) Remote pickup broadcast stations service area. may be used in conjunction with tele- (5) Any transmission, pursuant to vision pickup stations for the trans- § 74.631(f), that does not involve the de- mission of the aural portion of tele- livery of program material to a licens- vision programs or events that occur ee’s associated TV broadcast station. outside a and for the (d) Interference between two stations transmission of cues, orders, and other having the same priority shall be re- related communications necessary solved in favor of the station licensed thereto. The rules governing remote first on a particular path. pickup broadcast stations are con- [48 FR 17091, Apr. 21, 1983] tained in Subpart D of this part. [28 FR 13718, Dec. 14, 1963, as amended at 47 § 74.631 Permissible service. FR 55936, Dec. 14, 1982; 48 FR 24385, June 1, (a) The licensee of a television pick- 1983] up station authorizes the transmission of program material, orders concerning § 74.604 Interference avoidance. such program material, and related (a) Because the Commission does not communications necessary to the ac- undertake frequency coordination, ap- complishment of such transmissions, plicants for new TV broadcast auxil- from the scenes of events occurring in iary authorizations are responsible for places other than a television studio, selecting the frequency assignments to its associated television broadcast that are least likely to result in mu- station, to such other stations as are tual interference with other licensees broadcasting the same program mate- in the same area. Applicants may con- rial, or to the network or networks sult local coordination committees, with which the television broadcast where they exist, for information on station is affiliated. Television pickup frequencies available in the area. In se- stations may be operated in conjunc- lecting frequencies, consideration tion with other television broadcast should be given to the relative loca- stations not aformentioned in this tions of receiving points, normal trans- paragraph: Provided, That the trans- mission paths, and the nature of the missions by the television pickup sta- contemplated operation. tion are under the control of the li- (b) Where two or more licensees are censee of the television pickup station assigned a common channel for TV and that such operation shall not ex- pickup, TV STL, or TV relay purposes ceed a total of 10 days in any 30-day pe- in the same area and simultaneous op- riod. Television pickup stations may be eration is contemplated, they shall used to provide temporary studio- take such steps as may be necessary to transmitter links or intercity relay avoid mutual interference, including circuits consistent with § 74.632 without consultation with the local coordina- further authority of the Commission: tion committee, if one exists. If a mu- Provided, however, That prior Commis- tual agreement to this effect cannot be sion authority shall be obtained if the reached, the Commission must be noti- transmitting antenna to be installed fied and it will take such action as may will increase the height of any natural be necessary, including time sharing formation or man-made structure by

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more than 6.1 meters (20 feet) and will TV systems operated by educational be in existence for a period of more institutions. than 2 consecutive days. (f) A TV broadcast pickup, STL, or NOTE: As used in this subpart, ‘‘associated TV relay station may be used for the television broadcast station’’ means a tele- transmission of material to be used by vision broadcast station licensed to the li- others, including but not limited to censee of the television auxiliary broadcast other broadcast stations, cable tele- station and with which the television auxil- vision systems, and educational insti- iary station is licensed as an auxiliary facil- tutions. This use shall not interfere ity. with the use of these broadcast auxil- (b) A television broadcast STL sta- iary facilities for the transmission of tion is authorized to transmit visual programs and associated material in- program material between the studio tended to be used by the television sta- and the transmitter of a television tion or stations licensed to or under broadcast station for simultaneous or common control of the licensee of the delayed broadcast. TV pickup, STL, or TV relay station. (c) A TV relay station is authorized This use of the broadcast auxiliary fa- to transmit visual program material cilities must not cause harmful inter- between TV broadcast stations for si- ference to broadcast auxiliary stations multaneous or delayed broadcast, or operating in accordance with the basic may be used to transmit visual pro- frequency allocation, and the licensee gram material from a remote pickup of the TV pickup, STL, or TV relay receiver site of a single station. station must retain exclusive control (d) The transmitter of an STL, TV over the operation of the facilities. relay station or TV translator relay Prior to operating pursuant to the pro- station may be multiplexed to provide visions of this section, the licensee additional communication channels. A shall, for the intended location or area- TV broadcast STL or TV relay station of-operation, notify the appropriate will be authorized only in those cases frequency coordinatioin committee or where the principal use is the trans- any licensee(s) assigned the use of the mission of television broadcast pro- proposed operating frequency, concern- gram material for use by its associated ing the particulars of the intended op- TV broadcast station. However, STL or eration and must provide the name and TV relay stations so licensed may be telephone number of a person who may operated at any time for the trans- be contacted in the event of inter- mission of multiplexed communica- ference. tions whether or not visual program material is being transmitted, provided (g) Except as provided in paragraph that such operation does not cause (d) of this section, a television trans- harmful interference to TV broadcast lator relay station is authorized for the pickup, STL or TV relay stations purpose of relaying the programs and transmitting television broadcast pro- signals of a television broadcast sta- gram material. tion to television broadcast translator (e) Except as provided in paragraphs stations for simultaneous retrans- (a), (d), (f) and (j) of this section, all mission. program material transmitted over a (h) A TV microwave booster station TV pickup, STL, or TV relay station is authorized to retransmit the signals shall be used by or intended for use by of a TV pickup, TV STL, TV relay, or a TV broadcast station owned by or TV translator relay station. under the common control of the li- (i) TV broadcast auxiliary stations censee of the TV pickup, STL, or TV authorized pursuant to this subpart relay station. Program material trans- may additionally be authorized to sup- mitted over a TV pickup, STL or TV ply programs and signals of TV broad- relay station and so used by the li- cast stations to cable television sys- censee of such facility may, with the tems or CARS stations. Where the li- permission of the licensee of the broad- censee of a TV broadcast auxiliary sta- cast auxiliary facility, be used by other tion supplies programs and signals to TV broadcast stations and by non- cable television systems or CARS sta- broadcast closed circuit educational tions, the TV auxiliary licensee must

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have exclusive control over the oper- the initial relay station at the studio ation of the TV auxiliary stations li- or transmitter of a TV broadcast sta- censed to it. Contributions to capital tion. and operating expenses may be accept- (c) An application for construction ed only on a cost-sharing, non-profit permit for a new TV pickup station basis, prorated on an equitable basis shall designate the TV broadcast sta- among all parties being supplied with tion with which it is to be operated and program material. specify the area in which the proposed (j) A broadcast network-entity may operation is intended. The maximum use television auxiliary service sta- permissible area of operation will gen- tions to transmit their own television erally be that of a standard metropoli- program materials to broadcast sta- tan area, unless a special showing is tions, other broadcast network-enti- made that a larger area is necessary. ties, cable systems and cable network- (d) Licensees who have two or more entities: Provided, however, that the TV broadcast stations located in dif- bands 1990–2110 MHz, 6425–6525 MHz and ferent cities shall, in applying for a 6875–7125 MHz may be used by broad- new TV pickup station, designate the cast network-entities only for tele- TV broadcast station in conjunction vision pick-up stations. with which it is to be operated prin- cipally. Operation in a city which is [28 FR 13718, Dec. 14, 1963, as amended at 29 not the city of license of the associated FR 15524, Nov. 19, 1964; 43 FR 1950, Jan. 13, TV broadcast station is on a secondary, 1978; 44 FR 32381, June 6, 1979; 47 FR 55937, Dec. 14, 1982; 48 FR 17092, Apr. 21, 1983; 49 FR non-interference basis to home-city 7130, Feb. 27, 1984; 52 FR 7142, Mar. 9, 1987] users. (e) A license for a TV translator § 74.632 Licensing requirements. relay station will be issued only to li- (a) Licenses for television pickup, censees of low power TV and TV trans- television STL, television microwave lator stations. The application for con- booster, or television relay stations struction permit shall designate the will be issued only to licensees of tele- television broadcast station to be re- vision broadcast stations, and broad- layed, the source of the television cast network-entities and, further, on a broadcast station’s signals, and the tel- secondary basis, to licensees of low evision broadcast translator station power television stations. A separate with which it is to be operated. How- application is required for each fixed ever, a television translator relay sta- tion license may be issued to a cooper- station and the application shall be ative enterprise wholly owned by li- specific with regard to the frequency censees of television broadcast trans- requested. A mobile station license lators or licensees of television broad- may be issued for any number of mo- cast translators and cable television bile transmitters to operate in a spe- owners or operators upon a showing cific area or frequency band and the ap- that the applicant is qualified under plicant shall be specific with regard to the Communication Act of 1934, as the frequencies requested. In lieu of amended. specifying specific transmitter types, (f) Licensees of TV pickup, TV STL, applicants shall certify that the trans- TV relay, and TV translator relay sta- mitter used or to be used at the re- tions may be authorized to operate one quested facility is authorized as re- or more TV microwave booster stations quired, or was manufactured before Oc- for the purpose of relaying signals over tober 1, 1981. Applications for consoli- a path that cannot be covered with a dation of individual mobile station li- single station. censes into a system license will be ac- cepted only at the time application is NOTE: Applications for TV microwave made for renewal of the main (Part 73) booster stations will not be accepted for fil- station license. ing prior to January 1, 1985. (b) A license for a TV relay station (g) In case of permanent discontinu- may be issued in any case where the ance of operation of a station licensed circuit will operate between TV broad- under this subpart, the licensee shall cast stations either by means of ‘‘off- forward the station license to the Fed- the-air’’ pickup and relay or location of eral Communications Commission,

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Broadcast Auxiliary Radio Services, than 6.1 meters (20 feet), a vertical plan 1270 Fairfield Road, Gettysburg, Penn- sketch showing the height of the struc- sylvania 17325. ture proposed to be erected, the height above ground of any existing structure, [28 FR 13718, Dec. 14, 1963, as amended at 44 FR 32382, June 6, 1979; 47 FR 55937, Dec. 14, the elevation of the site above mean 1982; 48 FR 9012, Mar. 3, 1983; 48 FR 17092, Apr. sea level, and the geographic coordi- 21, 1983; 48 FR 21486, May 12, 1983; 49 FR 7130, nates of the proposed site, shall be sub- Feb. 27, 1984; 49 FR 10930, Mar. 23, 1984; 52 FR mitted with the application. 7142, Mar. 9, 1987; 58 FR 19775, Apr. 16, 1993; 63 (d) A request for special temporary FR 36605, July 7, 1998] authority shall specify a channel or EFFECTIVE DATE NOTE: At 63 FR 36605, July channels consistent with the provisions 7, 1998, in § 74.632, paragraph (a) was amended of § 74.602: Provided, That in the case of by removing the term ‘‘type accepted’’ and events of wide-spread interest and im- adding in its place ‘‘authorized as required’’, effective Oct. 5, 1998. portance which cannot be transmitted successfully on these frequencies, fre- § 74.633 Temporary authorizations. quencies assigned to other services may be requested upon a showing that (a) Special temporary authority may operation thereon will not cause inter- be granted for TV broadcast auxiliary ference to established stations: And station operation which cannot be con- provided further, That in no case will a ducted in accordance with § 74.24. Such television auxiliary broadcast oper- authority will normally be granted ation be authorized on frequencies em- only for operations of a temporary na- ture. Where operation is seen as likely ployed for the safety of life and prop- on a continuing annual basis, an appli- erty. cation for a regular authorization (e) When the transmitting equipment should be submitted. utilized is not licensed to the user, the (b) A request for special temporary user shall nevertheless have full con- authority for the operation of a tele- trol over the use of the equipment dur- vision broadcast auxiliary station may ing the period it is operated. be made by informal application. An (f) Special temporary authority to informal application for special tem- permit operation of a TV auxiliary porary authority requiring payment of broadcast station of any class pending a fee shall be addressed to the FCC at FCC action on an application for regu- Federal Communications Commission, lar authority will not normally be Broadcast Auxiliary Radio Services, granted. P.O. Box 358700, Pittsburgh, PA 15251– (Sec. 318, 48 Stat. 1089, as amended; 47 U.S.C. 5700. An informal application for spe- 318) cial temporary authority not requiring payment of a fee shall be addressed to [28 FR 13720, Dec. 14, 1963, as amended at 47 the FCC at Federal Communications FR 9221, Mar. 4, 1982; 47 FR 55937, Dec. 14, 1982; 50 FR 23710, June 5, 1985; 52 FR 10570, Commission, Broadcast Auxiliary Apr. 2, 1987; 58 FR 19775, Apr. 16, 1993] Radio Services, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325. Such § 74.634 Remote control operation. applications shall be filed with the Commission at least 10 days prior to (a) A TV auxiliary station may be op- the date of the proposed operation. erated by remote control provided that (c) An application for special tem- such operation is conducted in accord- porary authority shall set forth full ance with the conditions listed below: particulars of the purpose for which (1) The remote control system must the request is made, and shall show the be designed, installed, and protected so type of equipment, power output, emis- that the transmitter can only be acti- sion, and frequency or frequencies pro- vated or controlled by persons author- posed to be used, as well as the time, ized by the licensee. date and location of the proposed oper- (2) The remote control equipment ation. In the event that the proposed must be maintained to ensure proper antenna installation will increase the operation. height of any natural formation, or ex- (3) The remote control system must isting man-made structure, by more be designed to prevent inadvertent

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transmitter operation caused by mal- § 74.636 Power limitations. functions in the circuits between the Transmitter peak output power shall control point and transmitter. (b) The FCC may notify the licensee not be greater than necessary, and in to cease or modify operation in the any event, shall not exceed the power case of frequency usage disputes. inter- listed in the table below: ference or similar situations where Maximum allow- Maximum al- such action appears to be in the public able transmitter lowable EIRP interest, convenience and necessity. Frequency band (MHz) power Fixed Mobil Fixed Mobil [28 FR 13718, Dec. 14, 1963, as amended at, 47 (W) (W) (dBW) (dBW) FR 55937, Dec. 14, 1982; 50 FR 48600, Nov. 26, 1985; 60 FR 55483, Nov. 1, 1995] 1,990 to 2,110 ...... 20.0 12.0 ...... 2,450 to 2,500 ...... 20.0 12.0 ...... § 74.635 Unattended operation. 6,425 to 6,525 ...... 12.0 ...... +35 (a) TV relay stations, TV translator 6,875 to 7,125 ...... 20.0 12.0 +55 +35 12,700 to 13,250 ...... 5.0 1.5 +55 +45 relay stations, TV STL stations, and 17,700 to 18,600 ...... 10.0...... +55 ...... TV microwave booster stations may be 18,600 to 18,800 ...... 1 10.0 ...... +35 ...... operated unattended under the follow- 18,800 to 19,700 ...... 10.0 ...... +55 ...... ing conditions: 31,000 to 31,300 ...... 0.05 0.05 ...... (1) The transmitter must be provided 38,600 to 40,000 ...... 1.5 ...... with adequate safeguards to prevent 1 The power delivered to the antenna is limited to -3 dBW. improper operation. (2) The transmitter shall be so in- [45 FR 78692, Nov. 26, 1980, as amended at 52 stalled and protected that it is not ac- FR 7142, Mar. 9, 1987] cessible to other than duly authorized persons; § 74.637 Emissions and emission limi- (3) TV relay stations, TV STL sta- tations. tions, TV translator relay stations, and (a) For frequency modulation, the TV microwave booster stations used mean power of emissions shall be at- with these stations, shall be observed tenuated below the mean transmitter at the receiving end of the microwave power (P) in accordance with the fol- circuit as often as necessary to ensure lowing schedule: proper station operation by a person (1) On any frequency removed from designated by the licensee, who must the assigned frequency by more than institute measures sufficient to ensure prompt correction of any condition of 50% and up to 100% of the authorized improper operation. However, an STL bandwidth: at least 25 dB. station (and any TV microwave booster (2) On any frequency removed from station) associated with a TV broad- the assigned frequency by more than cast station operated by remote con- 100% and up to 150% of the authorized trol may be observed by monitoring bandwidth: at least 35 dB. the TV station’s transmitted signal at (3) On any frequency removed from the remote control point. Additionally, the assigned frequency by more than a TV translator relay station (and any 150% of the authorized bandwidth: at associated TV microwave booster sta- least 43+10 Log(P) dB. tion) may be observed by monitoring (b) For all emissions except fre- the associated TV translator station’s quency modulation, the peak power of transmitted signal. emissions shall be attenuated below (b) The FCC may notify the licensee the peak envelope transmitter power to cease or modify operation in the (P) in accordance with the following case of frequency usage disputes, inter- schedule: ference or similar situations where (1) On any frequency 500 Hz inside the such action appears to be in the public channel edge up to and including 2500 interest, convenience and necessity. Hz outside the same edge, the following [28 FR 13718, Dec. 14, 1963, as amended at 31 formula will apply: FR 15314, Dec. 7, 1966; 43 FR 1950, Jan. 13, 1978; 47 FR 55937, Dec. 14, 1982; 49 FR 7131, Feb. 27, 1984; 50 FR 32417, Aug. 12, 1985]

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 25  W 2  Attenuation = 29 Log D +2. 5 −  dB  11  2  

or 50 dB whichever is the lesser attenu- (ii) In any 4 kHz band, the center fre- ation. Where: D is the displacement quency of which is removed from the frequency (kHz) from the center of the assigned frequency by more than 250% authorized bandwidth; and W is the of the authorized bandwidth: At least channel bandwidth (kHz). 43=10 log10 (mean output power in (2) On any frequency removed from watts) dB, or 80 dB, whichever is the the channel edge by more than 2500 Hz: lesser attenuation. At least 43+10 Log (P) dB. (3) Amplitude Modulation. For ves- (c) For operation in the bands 6425– tigial sideband AM video: On any fre- 6525 MHz, 17,700–19,700 MHz, and 31,000– quency removed from the center fre- 31,300 MHz: TV broadcast STL, relay quency of the authorized band by more and booster stations may be authorized than 50%: at least 50 dB below peak to employ analog or digital modulation power of the emission. in this band. The mean power of any (d) In the event that interference to emission shall be attenuated below the other stations is caused by emissions mean output power of the transmitter outside the authorized channel, the in accordance with the following sched- FCC may require greater attenuation ule: than that specified in paragraph (b) of (1) When using frequency modulation: this section. (i) On any frequency removed from (e) The following limitations also the assigned (center) frequency by apply to the operation of TV micro- more than 50% up to and including wave booster stations: 100% of the authorized bandwidth: At (1) The booster station must receive least 25 dB; and amplify the signals of the originat- (ii) On any frequency removed from ing station and retransmit them on the the assigned (center) frequency by same frequency without significantly more than 100% up to and including altering them in any way. The charac- 250% of the authorized bandwidth: At teristics of the booster transmitter least 35 dB; output signal shall meet the require- (iii) On any frequency removed from ments applicable to the signal of the the assigned (center) frequency by originating station. more than 250% of the authorized band- width: At least 43+10 log 10 (mean out- (2) The licensee is responsible for cor- put power in watts) dB, or 80 dB, recting any condition of interference whichever is the lesser attenuation. that results from the radiation of radio (2) When using digital modulation: frequency energy outside the assigned (i) In any 1 NHz band, the center fre- channel. Upon notice by the FCC to the quency of which is removed from the station licensee that interference is assigned frequency by more than 50% being caused, operation of the appara- up to and including 250% of the author- tus must be immediately suspended ized bandwidth: As specified by the fol- and may not be resumed until the in- lowing equation but in no event less terference has been eliminated or it than 11 dB. can be demonstrated that the inter- ference is not due to spurious emis- A=11+0.4 (P¥50)+10 log10 B sions. However, short term test trans- missions may be made during the pe- where: riod of suspended operation to deter- A=Attenuation (in dB) below the mean out- mine the efficacy of remedial meas- put power level ures. P=Percent removed from the carrier fre- (3) In each instance where suspension quency of operation is required, the licensee B=Authorized bandwidth in MHz must submit a full report to the FCC [Attenuation greater than 56 decibels after operation is resumed. The report is not required.] must contain details of the nature of

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the interference, the source of interfer- band, shall be such that the interfering ing signals, and the remedial steps signal shall not produce more than 1.0 taken to eliminate the interference. dB degradation of the practical thresh- (f) In the event a station’s emissions old of the protected receiver. Degrada- outside its authorized channel cause tion is determined by calculating the harmful interference, the Commission ratio in dB between the desired carrier may require the licensee to take such signal and undesired interfering signal further steps as may be necessary to (C/I ratio) appearing at the input to the eliminate the interference. receiver under investigation (the vic- (g) The maximum bandwidth which tim receiver). The development of the will be authorized per frequency as- signment is set out in the table which C/I ratios from the criteria for maxi- follows. Regardless of the maximum mum allowable interference level per authorized bandwidth specified for exposure and the methods used to per- each frequency band, the Commission form path calculations shall follow reserves the right to issue a license for generally acceptable good engineering less than the maximum bandwidth if it practices. Procedures as may be devel- appears that less bandwidth would be oped by the Electronics Industries As- sufficient to support an applicant’s in- sociation (EIA), the Institute of Elec- tended communications. trical and Electronics Engineers, Inc. (IEEE), the American National Stand- Maximum au- ards Institute (ANSI) or any other rec- Frequency Band (MHz) thorized bandwidth ognized authority will be acceptable to (MHz) the FCC. 1,990 to 2,110 ...... 18 (3) Where the development of the car- 6,425 to 6,525 ...... 25 6,875 to 7,125 ...... 25 rier to interference ratio (C/I) is not 12,700 to 13,250 ...... 25 covered by generally acceptable proce- 17,700 to 19,700 ...... 80 dures or where the applicant does not 31,000 to 31,300 ...... 25 or 50 38,600 to 40,000 ...... wish to develop the carrier to inter- ference ratio, the applicant shall em- [45 FR 78692, Nov. 26, 1980, as amended at 48 ploy the following C/I protection ra- FR 50734, Nov. 3, 1983; 49 FR 7131, Feb. 27, tios. 1984; 49 FR 37778, Sept. 26, 1984; 50 FR 7342, (i) Co-channel interference: For both Feb. 22, 1985; 50 FR 34150, Aug. 23, 1985; 50 FR sideband and carrier-beat, (applicable 48600, Nov. 26, 1985; 52 FR 7142, Mar. 9, 1987; 58 FR 51251, Oct. 1, 1993] to all bands), the previously authorized system shall be afforded a carrier to § 74.638 Frequency coordination. interfering signal protection ratio of at (a) Channels in Band D are shared least 90 dB. with certain Private Operational Fixed (ii) Adjacent channel interference: Stations authorized under Part 94, The existing or previously authorized § 94.93 after September 9, 1983. After system shall be afforded a carrier to this date all Broadcast Auxiliary use of interfering signal protection ratio of at these bands is subject to coordination least 56 dB. using the following procedure: (b) Coordination of assignments in (1) Before filing an application for the 6425–6525 MHz and 17.7–19.7 GHz new or modified facilities under this bands will be in accordance with the part the applicant must perform a fre- procedure established in § 21.100(d) ex- quency engineering analysis to ensure cept that the prior coordination process that the proposed facilities will not for mobile (temporary fixed) assign- cause interference to existing or pre- ments may be completed orally and the viously applied for stations in this period allowed for response to a coordi- band of a magnitude greater than that nation notification may be less than 30 specified below. days if the parties agree. (2) The general criteria for determin- ing allowable adjacent or co-channel [49 FR 50734, Nov. 3, 1983, as amended at 52 interference protection to be afforded, FR 7142, Mar. 9, 1987] regardless of system length or type of modulation, multiplexing or frequency

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§ 74.641 Antenna systems. congested areas, or to resolve inter- ference problems. (a) For fixed stations operating be- (i) Stations must employ an antenna tween 1990 MHz and 31.3 GHz and aero- that meets the performance standards nautical mobile stations operating be- for Category B. In areas subject to fre- tween 31.0 GHz and 31.3 GHz, the fol- quency congestion, where proposed fa- lowing standards apply: cilities would be precluded by contin- (1) Fixed TV broadcast auxiliary sta- ued use of a Category B antenna, a Cat- tions shall use directional antennas egory A antenna must be employed. that meet the performance standards The Commission may require the use of indicated in the following table. Upon a high performance antenna where in- adequate showing of need to serve a terference problems can be resolved by larger sector, or more than a single the use of such antennas. sector, greater beamwidth or multiple (ii) Licensees shall comply with the antennas may be authorized. Appli- antenna standards table shown in this cants shall request, and authorization paragraph in the following manner: for stations in this service will specify, (A) With either the maximum the polarization of each transmitted beamwith to 3 dB points requirement signal. Booster station antennas hav- or with the minimum antenna gain re- ing narrower beamwidths and reduced quirement; and sidelobe radiation may be required in (B) With the minimum radiation sup- pression to angle requirement.

ANTENNA STANDARDS

Maximum Minimum radiation suppression to angle in de- beam- grees from centerline of main beam in decibels width to 3 Minimum dB Frequency (MHz) Category 1 antenna ° ° ° ° ° ° points gain (dbi) 5° to 10 15 20 30 100 140 (INCLUDED 10° to to to to to to ANGLE IN 15° 20° 30° 100° 140° 180° DEGREES)

1,990 to 2,110 ...... A 5.0 n/a 12 18 22 25 29 33 39 B 8.0 n/a 5 18 20 20 25 28 36 6,875 to 7,125 ...... A 1.5 n/a 26 29 32 34 38 41 49 B 2.0 n/a 21 25 29 32 35 39 45 12,700 to 13,250 ...... A 1.0 n/a 23 28 35 39 41 42 50 B 2.0 n/a 20 25 28 30 32 37 47 17,700 to 19,700 ...... A 2.2 38 25 29 33 36 42 55 55 B 2.2 38 20 24 28 32 35 36 36 31,000 to 31,300 2 ...... n/a 3 4.0 38 n/a n/a n/a n/a n/a n/a n/a 1 If a licensee chooses to show compliance using maximum beamwith to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation planes. 2 Mobile, except aeronautical mobile, stations need not comply with these standards. 3 The minimum front-to-back ratio shall be 38 dBi.

(2) New periscope antenna systems performance than identified in the will be authorized upon a certification table of this section. that the radiation, in a horizontal (4) [Reserved] plane, from an illuminating antenna (5) Pickup stations are not subject to and reflector combination meets or ex- the performance standards herein stat- ceeds the antenna standards of this ed. The provisions of this paragraph section. This provision similarly ap- are effective for all new applications plies to passive repeaters employed to accepted for filing after October 1, 1981. redirect or repeat the signal from a (b) Any fixed station licensed pursu- station’s directional antenna system. ant to an application accepted for fil- (3) The choice of receiving antennas ing prior to October 1, 1981, may con- is left to the discretion of the licensee. tinue to use its existing antenna sys- However, licensees will not be pro- tem, subject to periodic renewal until tected from interference which results April 1, 1992, After April 1, 1992, all li- from the use of antennas with poorer censees are to use antenna systems in conformance with the standards of this

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section. TV auxiliary broadcast sta- stations in the fixed-satellite service tions are considered to be located in an (Part 25). area subject to frequency congestion (a) 6425 to 6525 and 6875 to 7075 MHz. and must employ a Category A antenna No directional transmitting antenna when: utilized by a fixed station operating in (1) A showing by an applicant of a these bands shall be aimed within 2 de- new TV auxiliary broadcast station or grees of the geostationary-satellite Cable Television Relay Service (CARS) orbit, taking into account atmospheric station, which shares the 12.7–13.20 GHz refraction. However, exception may be band with TV auxiliary broadcast, indi- made in unusual circumstances upon a cates that use of a category B antenna showing that there is no reasonable al- limits a proposed project because of in- ternative to the transmission path pro- terference, and posed. If there is no evidence that such (2) That use of a category A antenna exception would cause possible harmful will remedy the interference thus al- interference to an authorized satellite lowing the project to be realized. system, said transmission path may be (c) As an exception to the provisions authorized on waiver basis where the of this section, the FCC may approve maximum value of the equivalent requests for use of periscope antenna isotropically radiated power (EIRP) systems where a persuasive showing is does not exceed: (1) +47 dBW for any antenna beam di- made that no frequency conflicts exist rected within 0.5 degrees of the station- in the area of proposed use. Such ap- ary satellite orbit or provals shall be conditioned to a stand- (2) +47 to +55 dBW, on a linear decibel ard antenna as required in paragraph scale (8 dB per degree) for any antenna (a) of this section when an applicant of beam directed between 0.5 degrees and a new TV auxiliary broadcast or Cable 1.5 degrees of the stationary orbit. Television Relay station indicates that (b) 12.7 to 12.75 GHz. No directional the use of the existing antenna system transmitting antenna utilized by a will cause interference and the use of a fixed station operating in this band category A or B antenna will remedy shall be aimed within 1.5 degrees of the the interference. geostationary-satellite orbit, taking (d) As a further exception to the pro- into account atmospheric refraction. vision of paragraph (a) of this section, However, exception may be made in un- the Commission may approve antenna usual circumstances upon a showing systems not conforming to the tech- that there is no reasonable alternative nical standards where a persuasive to the transmission path proposed. If showing is made that: there is no evidence that such excep- (1) Indicates in detail why an an- tion would cause possible harmful in- tenna system complying with the re- terference to an authorized satellite quirements of paragraph (a) of this sec- system, said transmission path may be tion cannot be installed, and authorized on waiver basis where the (2) Includes a statement indicating maximum value of the equivalent that frequency coordination as re- isotropically radiated power (EIRP) quired in § 74.604 (a) was accomplished. does not exceed +45 dBW for any an- [45 FR 78693, Nov. 26, 1980, as amended at 49 tenna beam directed within 1.5 degrees FR 7131, Feb. 27, 1984; 49 FR 37778, Sept. 26, of the stationary satellite orbit. 1984; 50 FR 7342, Feb. 22, 1985; 51 FR 19840, (c) Methods for calculating the azi- June 3, 1986; 52 FR 7143, Mar. 9, 1987; 55 FR muths to be avoided may be found in: 11587, Mar. 29, 1990; 56 FR 50663, Oct. 8, 1991; CCIR Report No. 393 (Green Books), 62 FR 4922, Feb. 3, 1997] New Delhi, 1970; in ‘‘Radio-Relay An- tenna Pointing for controlled Inter- § 74.643 Interference to geostationary- ference With Geostationary-Satellites’’ satellites. by C. W. Lundgren and A. S. May, Bell These limitations are necessary to System Technical Journal, Vol. 48, No. 10, minimize the probability of harmful in- pp. 3387–3422, December 1969; and in terference to reception in the bands ‘‘Geostationary Orbit Avoidance Com- 6425–6525 MHz, 6875–7075 MHz and 12.7– puter Program’’ by Richard G. Gould, 12.75 GHz on board geostationary space Common Carrier Bureau Report CC–

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7201, FCC, Washington, DC, 1972. This (2) A change in the frequency of the latter report is available through the operating channel or the transmitter National Technical Information Serv- output power. ice, U.S. Department of Commerce, (3) A change in the location of the TV Springfield, VA 22151, in printed form broadcast auxiliary station transmit- (PB–211 500) or source card deck (PB– ter or transmitting antenna authorized 211 501). for use at a fixed location except when the relocation of the transmitter is [52 FR 7143, Mar. 9, 1987] within the same building. § 74.644 Minimum path lengths for (4) Any change in the overall height fixed links. of the antenna structure, except where (a) The distance between end points notice to the Federal Aviation Admin- of a fixed link must equal or exceed the istration is specifically not required value set forth in the table below or under § 17.14(b) of this chapter. the EIRP must be reduced in accord- (5) Any change in the direction of the ance with the equation set forth below. main radiation lobe of the transmit- ting antenna. Frequency band (MHz) Minimum path length (km) (b) Other equipment changes not spe- cifically referred to in paragraph (a) of below 1,850 ...... n/a 1,850Ð2,110 ...... 17 this section may be made at the discre- 6,425Ð7,125 ...... 17 tion of the licensee provided that the 12,200Ð13,250 ...... 5 Federal Communications Commission, above 17,700 ...... n/a Broadcast Auxiliary Radio Services, 1270 Fairfield Road, Gettysburg, Penn- (b) For paths shorter than those spec- sylvania 17325 is promptly notified in ified in the Table, the EIRP shall not writing upon the completion of such exceed the value derived from the fol- changes, and that the changes are de- lowing equation. scribed in the notification. EIRP=30—20 log [A/B], dBW (c) Multiplexing equipment may be where: installed on any licensed TV broadcast EIRP=equivalent isotropic radiated power in STL, TV relay or translator relay sta- dBW. tion without authority from the Com- A=Minimum path length from the Table for mission. the frequency band in kilometers. (d) Any application proposing a B=The actual path length in kilometers. change in the height of the antenna or (c) Upon an appropriate technical its location must also include the An- showing, applicants and licensees un- tenna Structure Registration Number able to meet the minimum path length (FCC Form 854R) of the antenna struc- requirement may be granted an excep- ture upon which it will locate its pro- tion to these requirements. posed antenna. In the event the an- tenna structure does not have a Reg- NOTE: Links authorized prior to April 1, 1987, are excluded from this requirement, ex- istration Number, either the antenna cept that, effective April 1, 1992, the Commis- structure owner shall file FCC Form sion will require compliance with the cri- 854 (‘‘Application for Antenna Struc- teria where an existing link would otherwise ture Registration’’) in accordance with preclude establishment of a new link. part 17 of this chapter or the applicant shall provide a detailed explanation [52 FR 7143, Mar. 9, 1987] why registration and clearance are not necessary. § 74.651 Equipment changes. (a) Commission authority, upon ap- [28 FR 13718, Dec. 14, 1963, as amended at 38 FR 6827, Mar. 13, 1973; 47 FR 54448, Dec. 3, propriate formal application (FCC 1982; 47 FR 55938, Dec. 14, 1982; 49 FR 7131, Form 313) therefor, is required for any Feb. 27, 1984; 58 FR 19776, Apr. 16, 1993; 61 FR of the following equipment changes: 4368, Feb. 6, 1996; 63 FR 36605, July 7, 1998] (1) Replacement of a specifically au- EFFECTIVE DATE NOTE: At 63 FR 36605, July thorized transmitter by a transmitter 7, 1998, in § 74.651, paragraph (a)(1) was that is not authorized for operation amended by removing the term ‘‘type accept- under this subpart pursuant to ed or notified’’ and adding in its place ‘‘au- § 74.655(c). thorized’’, effective Oct. 5, 1998.

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§ 74.655 Authorization of equipment. (d) Any manufacturer of a transmit- ter to be used in this service may au- (a) Except as provided in paragraph thorize the equipment under the cer- (b) of this section, all transmitting tification or verification procedure, as equipment first marketed for use under appropriate, following the procedures this subpart or placed into service after set forth in subpart J of part 2 of the October 1, 1981, must be authorized FCC rules. under the certification or verification (e) An applicant for a TV broadcast procedure, as detailed in paragraph (f) auxiliary station may also authorize of this section. Equipment which is an individual transmitter, as specified used at a station licensed prior to Oc- in paragraph (f) of this section, by fol- tober 1, 1985, which has not been au- lowing the procedures set forth in sub- thorized as detailed in paragraph (f) of part J of part 2 of the FCC rules and this section, may continue to be used regulations. by the licensee or its successors or as- (f) Transmitters designed to be used signees, provided that if operation of exclusively for a TV STL station, a TV such equipment causes harmful inter- intercity relay station, a TV translator ference due to its failure to comply relay station, or a TV microwave with the technical standards set forth booster station, shall be authorized in this subpart, the FCC may, at its under verification. All other transmit- discretion, require the licensee to take ters will be authorized under the cer- such corrective action as is necessary tification procedure. to eliminate the interference. However, such equipment may not be further [63 FR 36605, July 7, 1998] marketed or reused under part 74 after EFFECTIVE DATE NOTE: At 63 FR 36605, July October 1, 1985. Transmitters designed 7, 1998, § 74.655 was revised, effective Oct. 5, for use in the 31.0 to 31.3 GHz band 1998. For the convnience of the user, the su- shall be authorized under the verifica- perseded text is set forth as follows: tion procedure. § 74.655 Authorization of equipment. (b) Certification or verification is not required for transmitters used in con- (a) Except as provided in paragraph (b), all transmitting equipment first marketed for junction with TV pickup stations oper- use under this subpart or placed into service ating with a peak output power not after October 1, 1981, must be type accepted greater than 250 mW. Pickup stations or notified, as detailed in paragraph (g) of operating in excess of 250 mW licensed this section. Equipment which is used at a pursuant to applications accepted for station licensed prior to October 1, 1985, filing prior to October 1, 1980 may con- which is not type accepted or notified, as de- tinue operation subject to periodic re- tailed in paragraph (g) of this section, may newal. If operation of such equipment continue to be used by the licensee or its successors or assignees, provided that if op- causes harmful interference the FCC eration of such equipment causes harmful in- may, at its discretion, require the li- terference due to its failure to comply with censee to take such corrective action the technical standards set forth in this sub- as is necessary to eliminate the inter- part, the FCC may, at its discretion, require ference. the licensee to take such corrective action as (c) The license of a TV auxiliary sta- is necessary to eliminate the interference. tion may replace transmitting equip- However, such equipment may not be further marketed or reused under Part 74 after Octo- ment with authorized equipment, as ber 1, 1985. Transmitters designed for use in detailed under paragraph (f) of this sec- the 31.0 to 31.3 GHz band shall be authorized tion, without prior FCC approval, pro- under the notification procedure. vided the proposed changes will not de- (b) Type acceptance or notification is not part from any of the terms of the sta- required for transmitters used in conjunc- tion or system authorization or the tion with TV pickup stations operating with Commission’s technical rules govern- a peak output power not greater than 250 ing this service, and also provided that mW. Pickup stations operating in excess of any changes made to authorized trans- 250 mW licensed pursuant to applications ac- cepted for filing prior to October 1, 1980 may mitting equipment is in compliance continue operation subject to periodic re- with the provisions of part 2 of the FCC newal. If operation of such equipment causes rules concerning modifications to au- harmful interference the FCC may, at its dis- thorized equipment. cretion, require the licensee to take such

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corrective action as is necessary to elimi- Frequency Toler- nate the interference. ance Frequency band (MHz) (c) The license of a TV auxiliary station Fixed Mobile may replace transmitting equipment with (%) (%) type accepted or notified equipment, as de- tailed under paragraph (g) of this section, 38,600 to 40,000 ...... 1 0.005 1 0.005 without prior FCC approval, provided the 1 For transmitters with an output power of 50 mW or less, proposed changes will not depart from any of the frequency tolerance need only be 0.05% the terms of the station or system authoriza- 2 Television translator relay stations shall maintain a fre- quency tolerance of 0.002%. tion or the Commission’s technical rules governing this service, and also provided [52 FR 7143, Mar. 9, 1987] that any changes made to type accepted or modified transmitting equipment is in com- § 74.662 Frequency monitors and pliance with the provisions of Part 2 of the measurements. FCC Rules concerning modifications to au- thorized equipment. The licensee of a television broadcast (d) Any manufacturer of a transmitter to auxiliary station must provide means be used in this service may apply for type ac- for measuring the operating frequency ceptance or notification following the proce- in order to ensure that the emissions dures set forth in Part 2 of the FCC Rules. are confined to the authorized channel. (e) An applicant for a TV broadcast auxil- iary station may also apply for type accept- [48 FR 38482, Aug. 24, 1983] ance or notification, as specified in para- graph (f) of this section, for an individual § 74.663 Modulation limits. transmitter by following the procedures set If amplitude modulation is employed, forth in Subpart J of Part 2 of the FCC Rules and Regulations. Individual transmitters negative modulation peaks shall not which are authorized will not normally be exceed 100%. included in the FCC’s Radio Equipment List. [45 FR 78694, Nov. 26, 1980] (f) As of March 5, 1984, transmitters de- signed to be used exclusively for a TV STL § 74.664 Posting of station license. station, a TV intercity relay station, a TV translator relay station, or a TV microwave (a) The station license and any other booster station, shall be authorized under instrument of authorization or individ- the notification procedure. All other trans- ual order concerning the construction mitters will be authorized under the type ac- of the equipment or manner of oper- ceptance procedure. Transmitters authorized ation of the station shall be posted in under type acceptance are acceptable for use the room in which the transmitter is in all TV broadcast auxiliary stations (see § 2.904(d) of this chapter). located. (b) Posting of the station license and [49 FR 4000, Feb. 1, 1984, as amended at 49 FR any other instruments of authorization 7131, Feb. 27, 1984; 49 FR 8253, Mar. 6, 1984; 49 shall be done by affixing the license to FR 20504, May 15, 1984; 50 FR 7343, Feb. 22, 1985; 50 FR 32417, Aug. 12, 1985; 51 FR 26251, the wall at the posting location, or by July 22, 1986] enclosing it in a binder or folder which is retained at the posting location so § 74.661 Frequency tolerance. that the document will be readily available and easily accessible. Stations in this service shall main- tain the carrier frequency of each au- [28 FR 13718, Dec. 14, 1963, as amended at 48 thorized transmitter to within the fol- FR 24385, June 1, 1983; 49 FR 29070, July 18, lowing percentage of the assigned fre- 1984; 50 FR 40015, Oct. 1, 1985] quency. § 74.682 Station identification. Frequency Toler- (a) Each television broadcast auxil- ance Frequency band (MHz) iary station operating with a transmit- Fixed Mobile ter output power of 1 watt or more (%) (%) must, when actually transmitting pro- 1,990 to 2,110 ...... 2 0.005 0.005 grams, transmit station identification 6,425 to 6,525 ...... 0.005 at the beginning and end of each period 6,875 to 7,125 ...... 2 0.005 0.005 of operation, and hourly, as close to 12,700 to 13,250 ...... 2 0.005 0.005 17,700 to 18,820 ...... 0.003 ...... the hour as feasible, at a natural break 18,920 to 19,700 ...... 0.003 ...... in program offerings by one of the fol- 31,000 to 31,300 ...... 0.03 0.03 lowing means:

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(1) Transmission of its own call sign identification as provided in paragraph by visual or aural means or by auto- (a) of this section. matic transmission in international Morse . [31 FR 15488, Dec. 8, 1966; 32 FR 452, Jan. 17, 1967, as amended at 42 FR 36830, July 18, 1977; (2) Visual or aural transmission of 43 FR 1951, Jan. 13, 1978; 44 FR 36041, June 20, the call sign of the TV broadcast sta- 1979; 49 FR 7131, Feb. 27, 1984] tion with which it is licensed as an auxiliary. (3) Visual or aural transmission of Subpart G—Low Power TV, TV the call sign of the TV broadcast sta- Translator, and TV Booster Stations tion whose signals are being relayed or, where programs are obtained directly § 74.701 Definitions. from network lines and relayed, the (a) Television broadcast translator sta- network identification. tion. A station in the broadcast service (b) Identification transmissions dur- operated for the purpose of retransmit- ing operation need not be made when ting the programs and signals of a tele- to make such transmission would in- vision broadcast station, without sig- terrupt a single consecutive speech, nificantly altering any characteristic play, religious service, symphony con- of the original signal other than its fre- cert, or any type of production. In such quency and amplitude, for the purpose cases, the identification transmission of providing television reception to the shall be made at the first interruption general public. of the entertainment continuity and at (b) Primary station. The analog tele- the conclusion thereof. vision broadcast station (TV broadcast) (c) During occasions when a tele- or station (DTV) vision pickup station is being used to which provides the programs and sig- deliver program material for network nals being retransmitted by a tele- distribution it may transmit the net- vision broadcast translator station. work identification in lieu of its own or (c) VHF translator. A television associated TV station call sign during broacast translator station operating the actual program pickup. However, if on a VHF television broadcast channel. it is providing the network feed (d) UHF translator. A television through its own associated TV broad- broadcast translator station operating cast station it shall perform the sta- on a UHF television broadcast channel. tion identification required by para- graph (a) of this section at the begin- (e) UHF translator signal booster. A ning and end of each period of oper- station in the broadcasting service op- ation. erated for the sole purpose of re- (d) A period of operation is defined as transmitting the signals of the UHF a single uninterrupted transmission or translator station by amplifying and a series of intermittent transmissions reradiating such signals which have from a single location or continuous or been received directly through space, intermittent transmission from a tele- without significantly altering any vision pickup station covering a single characteristic of the incoming signal event from various locations, within a other than its amplitude. single broadcast day. (f) Low power TV station. A station (e) Regardless of the method used for authorized under the provisions of this station identification it shall be per- subpart that may retransmit the pro- formed in a manner conducive to grams and signals of a TV broadcast prompt association of the signal source station and that may originate pro- with the responsible licensee. In exer- gramming in any amount greater than cising the discretion provided by this 30 seconds per hour and/or operates a rule, licensees are expected to act in a subscription service. (See § 73.641 of responsible manner to assure that re- part 73 of this chapter.) sult. (g) Program origination. For purposes (f) TV microwave boosters stations of this part, program origination shall will be assigned individual call signs. be any transmissions other than the si- However, station identification will be multaneous retransmission of the pro- accomplished by the retransmission of grams and signals of a TV broadcast

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station. Origination shall include lo- signed in Alaska shall not cause harm- cally generated television program sig- ful interference to and must accept in- nals and program signals obtained via terference from non-Government fixed video recordings (tapes and discs), operation authorized prior to January microwave, common carrier circuits, 1, 1982. or other sources. (2) Any one of the UHF Channels (h) Local origination. Program origi- from 14 to 69, inclusive, may be as- nation if the parameters of the pro- signed to a UHF low power TV or TV gram source signal, as it reaches the translator station. In accordance with transmitter site, are under the control § 73.603(c) of part 73, Channel 37 will not of the low power TV station licensee. be assigned to such stations. Transmission of TV program signals (3) Application for new low power TV generated at the transmitter site con- or TV translator stations or for stitutes local origination. Local origi- changes in existing stations, specifying nation also includes transmission of operation above 806 MHz will not be ac- programs reaching the transmitter site cepted for filing. License renewals for via TV STL stations, but does not in- existing TV translator stations operat- clude transmission of signals obtained ing on channels 70 (806–812 MHz) from either terrestrial or satellite through 83 (884–890 MHz) will be grant- microwave feeds or low power TV sta- ed only on a secondary basis to land tions. operations. (i) Television broadcast booster station. (b) Changes in the TV Table of Allot- A station in the broadcast service oper- ments or Digital Television Table of ated by the licensee or permittee of a Allotments (§§ 73.606(b) and 73.622(a), re- full service television broadcast sta- spectively, of part 73 of this chapter), tion for the purpose of retransmitting authorizations to construct new TV the programs and signals of such pri- broadcast analog or DTV stations or to mary station without significantly al- authorizations to change facilities of tering any characteristic of the origi- existing such stations, may be made nal signal other than its amplitude. A without regard to existing or proposed television broadcast booster station low power TV or TV translator sta- may only be located such that its en- tions. Where such a change results in a tire service area is located within the low power TV or TV translator station protected contour of the primary sta- causing actual interference to recep- tion it retransmits. For purposes of tion of the TV broadcast analog or this paragraph, the service area of the DTV station, the licensee or permittee booster and the protected contour of of the low power TV or TV translator the primary station will be determined station shall eliminate the interference by the methods prescribed in § 74.705(c). or file an application for a change in channel assignment pursuant to [28 FR 13722, Dec. 14, 1963, as amended at 43 FR 1951, Jan. 13, 1978; 47 FR 21497, May 18, § 73.3572 of this chapter. 1982; 48 FR 21486, May 12, 1983; 52 FR 7422, (c) A television broadcast booster Mar. 11, 1987; 52 FR 31403, Aug. 20, 1987; 62 FR station will be authorized on the chan- 26720, May 14, 1997] nel assigned to its primary station.

§ 74.702 Channel assignments. [47 FR 21497, May 18, 1982, as amended at 47 FR 30068, July 12, 1982; 47 FR 35590, Aug. 18, (a) An applicant for a new low power 1982; 52 FR 7423, Mar. 11, 1987; 52 FR 31403, TV or TV translator station or for Aug. 20, 1987; 62 FR 26721, May 14, 1997] changes in the facilities of an author- ized station shall endeavor to select a § 74.703 Interference. channel on which its operation is not (a) An application for a new low likely to cause interference. The appli- power TV, TV translator, or TV boost- cations must be specific with regard to er station or for a change in the facili- the channel requested. Only one chan- ties of such an authorized station will nel will be assigned to each station. not be granted when it is apparent that (1) Any one of the 12 standard VHF interference will be caused. Except Channels (2 to 13 inclusive) may be as- where there is a written agreement be- signed to a VHF low power TV or TV tween the affected parties to accept in- translator station. Channels 5 and 6 as- terference, or where it can be shown

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that interference will not occur due to mary stations’ signal subject to the terrain shielding and/or Longley-Rice conditions of paragraph (g) of this sec- terrain dependent propagation meth- tion. ods, the licensee of a new low power (c) It shall be the responsibility of TV, TV translator, or TV booster shall the licensee of a low power TV, TV protect existing low power TV and TV translator, or TV booster station to translator stations from interference correct any condition of interference within the protected contour defined in which results from the radiation of § 74.707. Such written agreement shall radio frequency energy outside its as- accompany the application. Guidance signed channel. Upon notice by the on using the Longley-Rice methodol- FCC to the station licensee or operator ogy is provided in OET Bulletin No. 69. that such interference is caused by spu- Copies of OET Bulletin No. 69 may be in- rious emissions of the station, oper- spected during normal business hours ation of the station shall be imme- at the: Federal Communications Com- diately suspended and not resumed mission, 1919 M St., N.W., Dockets until the interference has been elimi- Branch (Room 239), Washington, DC nated. However, short test trans- 20554. This document is also available missions may be made during the pe- through the Internet on the FCC Home riod of suspended operation to check Page at http://www.fcc.gov. the efficacy of remedial measures. (b) It shall be the responsibility of (d) When a low power TV or TV the licensee of a low power TV, TV translator station causes interference translator, or TV booster station to to a CATV system by radiations within correct at its expense any condition of its assigned channel at the cable interference to the direct reception of headend or on the output channel of the signal of any other TV broadcast any system converter located at a re- analog station and DTV station operat- ceiver, the earlier user, whether cable ing on the same channel as that used system or low power TV or TV trans- by the low power TV, TV translator, or lator station, will be given priority on TV booster station or an adjacent the channel, and the later user will be channel which occurs as a result of the responsible for correction of the inter- operation of the low power TV, TV ference. When a low power TV or TV translator, or TV booster station. In- translator station causes interference terference will be considered to occur to an MDS of ITFS system by radi- whenever reception of a regularly used ations within its assigned channel on signal is impaired by the signals radi- the output channel of any system con- ated by the low power TV, TV trans- verter located at a receiver, the earlier lator, or TV booster station, regardless user, whether MDS system or low of the quality of the reception or the power TV or TV translator station, will strength of the signal so used. If the in- be given priority on the channel, and terference cannot be promptly elimi- the later user will be responsible for nated by the application of suitable correction of the interference. techniques, operation of the offending (e) Low power TV and TV translator low power TV, TV translator, or TV stations are being authorized on a sec- booster station shall be suspended and ondary basis to existing land mobile shall not be resumed until the inter- uses and must correct whatever inter- ference has been eliminated. If the ference they cause to land mobile sta- complainant refuses to permit the low tions or cease operation. Power TV, TV translator, or TV boost- (f) In each instance where suspension er station to apply remedial techniques of operation is required, the licensee that demonstrably will eliminate the shall submit a full report to the FCC in interference without impairment of the Washington, DC, after operation is re- original reception, the licensee of the sumed, containing details of the nature low power TV, TV translator, or TV of the interference, the source of the booster station is absolved of further interfering signals, and the remedial responsibility. TV booster stations will steps taken to eliminate the inter- be exempt from the provisions of this ference. paragraph to the extent that they may (g) A TV booster station may not dis- cause limited interference to their pri- rupt the existing service of its primary

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station nor may it cause interference (5) An application for a new UHF low to the signal provided by the primary power TV or TV translator construc- station within the principal commu- tion permit, a change of channel, or a nity to be served. major change in facilities pursuant to § 73.3572 of this chapter proposing a [47 FR 21497, May 18, 1982, as amended at 48 FR 21487, May 12, 1983; 52 FR 31403, Aug. 20, maximum effective radiated power of 1987; 53 FR 4169, Feb. 12, 1988; 60 FR 55483, more than 50 kilowatts will not be ac- Nov. 1, 1995; 62 FR 26721, May 14, 1997] cepted if it specifies a site less than 32 kilometers from the transmitter site of § 74.705 TV broadcast analog station a UHF TV broadcast analog station op- protection. erating on a channel which is the sec- (a) The TV broadcast station pro- ond, third, or fourth channel above or tected contour will be its Grade B con- below the requested channel. tour signal level as defined in § 73.683 (c) The low power TV, TV translator, and calculated from the authorized or TV booster station field strength is maximum radiated power (without de- calculated from the proposed effective pression angle correction), the hori- radiated power (ERP) and the antenna zontal , height above height above average terrain (HAAT) average terrain in the pertinent direc- in pertinent directions. tion, and the appropriate chart from (1) For co-channel protection, the § 73.699. field strength is calculated using Fig- (b)(1) An application to construct a ure 9a, 10a, or 10c of § 73.699 (F(50,10) new low power TV or TV translator charts) of Part 73 of this chapter. station or change the facilities of an (2) For low power TV, TV translator, existing station will not be accepted if and TV boosters that do not specify the it specifies a site which is within the same channel as the TV broadcast sta- protected contour of a co-channel or tion to be protected, the field strength first adjacent channel TV broadast sta- is calculated using Figure 9, 10, or 10b tion. of § 73.699 (F(50,50) charts) of Part 73 of (2) Due to the frequency spacing this chapter. which exists between TV Channels 4 (d) A low power TV, TV translator, or and 5, between Channels 6 and 7, and TV booster station application will not between Channels 13 and 14, adjacent be accepted if the ratio in dB of its channel protection standards shall not field strength to that of the TV broad- be applicable to these pairs of chan- cast station at the protected contour nels. (See § 73.603(a) of part 73 of this fails to meet the following: chapter.) (1) ¥45 dB for co-channel operations (3) A UHF low power TV or TV trans- without offset carrier frequency oper- lator construction permit application ation or ¥28 dB for offset carrier fre- will not be accepted if it specifies a site quency operation. An application re- within the UHF TV broadcast station’s questing offset carrier frequency oper- protected contour and proposes oper- ation must include the following: ation on a channel either 14 or 15 chan- (i) A requested offset designation nels above the channel in use by the (zero, plus, or minus) identifying the TV broadcast station. proposed direction of the 10 kHz offset (4) A UHF low power TV or TV trans- from the standard carrier frequencies lator construction permit application of the requested channel. If the offset will not be accepted if it specifies a site designation is not different from that less than 100 kilometers from the of the station being protected, the ¥45 transmitter site of a UHF TV broad- dB ratio must be used. cast analog station operating on a (ii) A description of the means by channel which is the seventh channel which the low power TV, TV trans- above the requested channel, unless it lator, or TV booster station will be can demonstrate that the service area maintained within the tolerances spec- of the low power TV or TV translator ified in § 74.761 for offset operation. station as established in § 74.707(a) is (2) 6 dB when the protected TV broad- not located in an area where the TV cast station operates on a VHF channel broadcast analog station is regularly that is one channel above the requested viewed. channel.

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(3) 12 dB when the protected TV station or change the facilities of an broadcast station operates on a VHF existing station will not be accepted if channel that is one channel below the it specifies a site which is located with- requested channel. in the -limited service perimeter (4) 15 dB when the protected TV of a co-channel DTV station. broadcast station operates on a UHF (2) Due to the frequency spacing channel that is one channel above or which exists between TV channels 4 below the requested channel. and 5, between Channels 6 and 7, and (5) 23 dB when the protected TV between Channels 13 and 14, adjacent broadcast station operates on a UHF channel protection standards shall not channel that is fourteen channels be applicable to these pairs of chan- below the requested channel. nels. (6) 6 dB when the protected TV broad- (c) The low power TV, TV translator cast station operates a UHF or TV booster station field strength is channelthat is fifteen channels below calculated from the proposed effective the requested channel. radiated power (ERP) and the antenna (e) In support of a request for waiver height above average terrain (HAAT) of the interference protection rules, an in pertinent directions. applicant for a low power TV, TV (1) For co-channel protection, the translator or TV booster may make field strength is calculated using Fig- full use of terrain shielding and ure 9a, 10a, or 10c of § 73.699 (F(50,10) Longley-Rice terrain dependent propa- charts) of part 73 of this chapter. gation prediction methods to dem- (2) For adjacent channel protection, onstrate that the proposed facility the field strength is calculated using would not be likely to cause inter- Figure 9, 10, or 10b of § 73.699 (F(50,50) ference to TV broadcast stations. Guid- charts) of part 73 of this chapter. ance on using the Longley-Rice meth- (d) A low power TV, TV translator or odology is provided in OET Bulletin No. TV booster station application will not 69. Copies of OET Bulletin No. 69 may be be accepted if the ratio in dB of its inspected during normal business hours field strength to that of the DTV sta- at the: Federal Communications Com- tion (L/D ratio) fails to meet the fol- mission, 1919 M St., NW., Dockets lowing: Branch (Room 239), Washington, DC (1) ¥2 dB or less for co-channel oper- 20554. This document is also available ations. This maximum L/D ratio for co- through the Internet on the FCC Home channel interference to DTV service is Page at http://www.fcc.gov. only valid at locations where the sig- nal-to-noise (S/N) ratio is 25 dB or [47 FR 21497, May 18, 1982, as amended at 48 greater. At the edge of the noise-lim- FR 21487, May 12, 1983; 52 FR 31403, Aug. 20, ited service area, where the S/N ratio is 1987; 62 FR 26721, May 14, 1997] 16 dB, the maximum L/D ratio for co- § 74.706 Digital TV (DTV) station pro- channel interference from analog low tection. power TV, TV translator or TV booster (a) For purposes of this section, the service into DTV service is ¥21 dB. At DTV station protected service area is locations where the S/N ratio is greater the geographic-area in which the field than 16 dB but less than 25 dB, the strength of the station’s signal exceeds maximum L/D field strength ratios are the noise-limited service levels speci- found from the following Table (for fied in § 73.622(e) of this chapter. The values between measured values, linear extremity of this area (noise-limited interpolation can be used): perimeter) is calculated from the au- Low Power- thorized maximum radiated power Signal-to-Noise Ratio(dB) to-DTV (without depression angle correction), Ratio(dB) the horizontal radiation pattern, and 16.00 ...... 21.00 height above average terrain in the 16.35 ...... 19.94 17.35 ...... 17.69 pertinent direction, using the signal 18.35 ...... 16.44 propagation method specified in 19.35 ...... 7.19 § 73.625(b) of this chapter. 20.35 ...... 4.69 21.35 ...... 3.69 (b)(1) An application to construct a 22.35 ...... 2.94 new low power TV or TV translator 23.35 ...... 2.44

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Low Power- accepted if it specifies a site which is Signal-to-Noise Ratio(dB) to-DTV within the protected contour of a co- Ratio(dB) channel or first adjacent channel low 25.00 ...... 2.00 power TV, TV translator, or TV boost- er station, except that a TV booster (2) + 48 dB for adjacent channel oper- station may be located within the pro- ations at: tected contour of its co-channel pri- (i) The DTV noise-limited perimeter mary station. if a low power TV, TV translator or TV (2) Due to the frequency spacing booster station is located outside that which exists between TV Channels 4 perimeter. and 5, between Channels 6 and 7, and (ii) At all points within the DTV between Channels 13 and 14, adjacent noise-limited area if a low power TV or channel protection standards shall not TV translator is located within the be applicable to these pairs of chan- DTV noise-limited perimeter, as dem- nels. (See § 73.603(a) of Part 73 of this onstrated by the applicant. chapter.) [62 FR 26721, May 14, 1997, as amended at 63 (3) A UHF low power TV, TV trans- FR 13563, Mar. 20, 1998] lator, or TV booster construction per- mit application will not be accepted if § 74.707 Low power TV and TV trans- it specifies a site within the UHF low lator station protection. power TV, TV translator, or TV boost- (a)(1) A low power TV or TV trans- er station’s protected contour and pro- lator will be protected from inter- poses operation on a channel that is 15 ference from other low power TV or TV channels above the channel in use by translator stations, or TV booster sta- the low power TV, TV translator, or tions within the following predicted TV booster station. contours: (c) The low power TV, TV translator, (i) 62 dBu for stations on Channels 2 or TV booster construction permit ap- through 6; plication field strength is calculated (ii) 68 dBu for stations on Channels 7 from the proposed effective radiated through 13; and power (ERP) and the antenna above av- (iii) 74 dBu for stations on Channels erage terrain (HAAT) in pertinent di- 14 through 69. rections. Existing licensees and permittees that (1) For co-channel protection, the did not furnish sufficient data required field strength is calculated using Fig- to calculate the above contours by ure 9a, 10a, or 10c of § 73.699 (F(50,10) April 15, 1983 are assigned protected charts) of Part 73 of this chapter. contours having the following radii: (2) For low power TV, TV translator, Up to 0.001 kW VHF/UHF—1 mile (1.6 km) or TV booster applications that do not from transmitter site specify the same channel as the low Up to 0.01 kW VHF; up to 0.1 k/W UHF—2 power TV, TV translator, or TV boost- miles (3.2 km) from transmitter site er station to be protected, the field Up to 0.1 kW VHF; up to 1 kW UHF—4 miles strength is calculated using Figure 9, (6.4 km) from transmitter site 10, or 10b of § 73.699 (F(50,50) charts) of New applicants must submit the re- Part 73 of this chapter. quired information; they cannot rely (d) A low power TV, TV translator, or on this table. TV booster station application will not (2) The low power TV or TV trans- be accepted if the ratio in dB of its lator station protected contour is cal- field strength to that of the authorized culated from the authorized effective low power TV, TV translator, or TV radiated power and antenna height booster station at its protected con- above average terrain, using Figure 9, tour fails to meet the following: 10, or 10b of § 73.699 (F(50,50) charts) of (1) ¥45 dB for co-channel operations Part 73 of this chapter. without offset carrier frequency oper- (b)(1) An application to construct a ation or ¥28 dB for offset carrier fre- new low power TV, TV translator, or quency operation. An application re- TV booster station or change the facili- questing offset carrier frequency oper- ties of an existing station will not be ation must include the following:

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(i) A requested offset designation available through the Internet on the (zero, plus, or minus) identifying the FCC Home Page at http://www.fcc.gov. proposed direction of the 10 kHz offset [47 FR 21498, May 18, 1982, as amended at 47 from the standard carrier frequencies FR 35990, Aug. 18, 1982; 48 FR 21487, May 12, of the requested channel. If the offset 1983; 52 FR 31403, Aug. 20, 1987; 62 FR 26722, designation is not different from that May 14, 1997] of the station being protected, or if the station being protected is not main- § 74.709 Land mobile station protec- tion. taining its frequencies within the tol- erance specified in § 74.761 for offset op- (a) Stations in the Land Mobile eration, the ¥45 dB ratio must be used. Radio Service, using the following (ii) A description of the means by channels in the indicated cities will be which the low power TV, TV trans- protected from interference caused by low power TV or TV translator sta- lator, or TV booster station’s fre- tions, and low power TV and TV trans- quencies will be maintained within the lator stations must accept any inter- tolerances specified in § 74.761 for offset ference from stations in the land mo- operation. bile service operating on the following (2) 6 dB when the protected low power channels: TV or TV translator station operates on a VHF channel that is one channel Coordinates City Chan- above the requested channel. nels Latitude Longitude (3) 12 dB when the protected low Boston, MA ...... 14, 16 42°21′24″ 071°03′24″ power TV or TV translator station op- Chicago, IL ...... 14, 15 41°52′28″ 087°38′22″ erates on a VHF channel that is one Cleveland, OH ...... 14, 15 41°29′51″ 081°41′50″ channel below the requested channel. Dallas, TX ...... 16 32°47′09″ 096°47′37″ Detroit, MI ...... 15, 16 42°19′48″ 083°02′57″ (4) 15 dB when the protected low Houston, TX ...... 17 29°45′26″ 095°21′37″ power TV or TV translator station op- Los Angeles, CA ...... 14, 20 34°03′15″ 118°14′28″ erates on a UHF channel that is one Miami, FL ...... 14 25°46′37″ 080°11′32″ ° ′ ″ ° ′ ″ channel above or below the requested New York, NY ...... 14, 15 40 45 06 073 59 39 Philadelphia, PA ...... 19, 20 39°56′58″ 075°09′21″ channel. Pittsburgh, PA ...... 14, 18 40°26′19″ 080°00′00″ (5) 6 dB when the protected low power San Francisco, CA ...... 16, 17 37°46′39″ 122°24′40″ ° ′ ″ ° ′ ″ TV or TV translator station operates Washington, DC ...... 17, 18 38 53 51 077 00 33 on a UHF channel that is fifteen chan- (b) The protected contours for the nels below the requested channel. land mobile radio service are 130 kilo- (e) In support of a request for waiver meters from the above coordinates, ex- of the interference protection rules, an cept where limited by the following: applicant for a low power TV or TV (1) If the land mobile channel is the translator station may make full use of same as the channel in the following terrain shielding and Longley-Rice ter- list, the land mobile protected contour rain dependent propagation prediction excludes the area within 145 kilometers methods to demonstrate that the pro- of the corresponding coordinates from posed facility would not be likely to list below. Except if the land mobile cause interference to low power TV, TV channel is 15 in New York or Cleveland translator and TV booster stations. or 16 in Detroit, the land mobile pro- Guidance on using the Longley-Rice tected contour excludes the area with- methodology is provided in OET Bul- in 95 kilometers of the corresponding letin No. 69. Copies of OET Bulletin No. coordinates from the list below. 69 may be inspected during normal (2) If the land mobile channel is one business hours at the: Federal Commu- channel above or below the channel in nications Commission, 1919 M St., NW., the following list, the land mobile pro- Dockets Branch (Room 239), Washing- tected contour excludes the area with- ton, DC 20554. This document is also in 95 kilometers of the corresponding coordinates from the list below.

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(1) On Channel 15: west of 92°00′ W.L.; Chan- Coordinates City east of 98°30′ W.L.; and south of a line nel Latitude Longitude extending due west from 30°30′ N.L., San Diego, CA ...... 15 32°41′48″ 116°56′10″ 92°00′ W.L. to 30°30′ N.L., 96°00′ W.L.; Waterbury, CT ...... 20 41°31′02″ 073°01′00″ ° ′ Washington, DC ...... 14 38°57′17″ 077°00′17″ and then due southwest to 28 00 N.L., Washington, DC ...... 20 38°57′49″ 077°06′18″ 98°30′ W.L. Champaign, IL ...... 15 40°04′11″ 087°54′45″ (2) On Channel 16: west of 86°40′W.L.; Jacksonville, IL ...... 14 39°45′52″ 090°30′29″ Ft. Wayne, IN ...... 15 41°05′35″ 085°10′42″ east of 96°30′W.L.; and south of a line South Bend, IN ...... 16 41°36′20″ 086°12′44″ extending due west from 31°00′N.L., Salisbury, MD ...... 16 38°24′15″ 075°34′45″ ° ′ ° ′ ° ′ ° ′ ″ ° ′ ″ 86 40 W.L. to 31 00 N.L., 95 00 W.L. and Mt. Pleasant, MI ...... 14 43 34 24 084 46 21 ° ′ Hanover, NH ...... 15 43°42′30″ 072°09′16″ then due southwest to 29 30 N.L., Canton, OH ...... 17 40°51′04″ 081°16′37″ 96°30′W.L. Cleveland, OH ...... 19 41°21′19″ 081°44′24″ (3) On Channel 17: west of 86°30′W.L.; Oxford, OH ...... 14 39°30′26″ 084°44′09″ Zanesville, OH ...... 18 39°55′42″ 081°59′06″ east of 96°00′W.L.; and south of a line Elmira-Corning, NY ..... 18 42°06′20″ 076°52′17″ extending due west from 31°00′N.L., Harrisburg, PA ...... 21 40°20′44″ 076°52′09″ 86°30′W.L. to 31°30′N.L., 94°00′W.L. and Johnstown, PA ...... 19 40°19′47″ 078°53′45″ Lancaster, PA ...... 15 40°15′45″ 076°27′49″ then due southwest to 29°30′N.L., Philadelphia, PA ...... 17 40°02′30″ 075°14′24″ 96°00′W.L. ° ′ ″ ° ′ ″ Pittsburgh, PA ...... 16 40 26 46 079 57 51 (4) On Channel 18: west of 87°00′W.L.; Scranton, PA ...... 16 41°10′58″ 075°52′21″ Parkersburg, WV ...... 15 39°20′50″ 081°33′56″ east of 95°00′W.L.; and south of Madison, WI ...... 15 43°03′01″ 089°29′15″ 31°00′N.L. (c) A low power TV or TV translator [47 FR 21499, May 18, 1982, as amended at 50 station application will not be accept- FR 12027, Mar. 27, 1985; 50 FR 33942, Aug. 22, ed if it specifies a site that is within 1985] the protected contour of a co-channel § 74.731 Purpose and permissible serv- or first adjacent channel land mobile ice. assignment. (d) The low power TV or TV trans- (a) Television broadcast translator lator station field strength is cal- stations and television broadcast culated from the proposed effective ra- booster stations provide a means diated power (ERP) and the antenna whereby the signals of television height above average terrain (HAAT) broadcast stations may be retransmit- in pertinent directions. ted to areas in which direct reception (1) The field strength is calculated of such television broadcast stations is using Figure 10c of § 73.699 (F(50, 10) unsatisfactory due to distance or inter- charts) of Part 73 of this chapter. vening terrain barriers. (2) A low power TV or TV translator (b) Except as provided in paragraph station application will not be accept- (f) of this section, a television broad- ed if it specifies the same channel as cast translator station or television one of the land mobile assignments and broadcast booster station may be used its field strength at the land mobile only to receive the signals of a tele- protected contour exceeds 52 dBu. vision broadcast station, another tele- (3) A low power TV or TV translator vision broadcast translator station, a station application will not be accept- television translator relay station, a ed if it specifies a channel that is one television intercity relay station, a tel- channel above or below one of the land evision STL station, or other suitable mobile assignments and its field source such as a CARS or common car- strength at the land mobile protected rier microwave station, for the simul- contour exceeds 76 dBu. taneous retransmission of the pro- (e) To protect stations in the Off- grams and signals of a television broad- shore Radio Service, a low power TV or cast station. Such retransmissions may TV translator station construction per- be accomplished by either: mit application will not be accepted if (1) Reception of the television pro- it specifies operation on channels 15, grams and signals of a television broad- 16, 17 or 18 in the following areas. West cast station directly through space, Longitude and North Latitude are ab- conversion to a different channel by breviated as W.L. and N.L. respec- simple heterodyne frequency conver- tively. sion and suitable amplification; or,

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(2) Modulation and amplification of a transmission standards employed by video and audio feed, in which case TV broadcast stations. The visual and modulating equipment meeting the re- aural materials so transmitted shall be quirements of § 74.750(d) shall be used. limited to emergency warnings of im- (c) The transmissions of each tele- minent danger, to local public service vision broadcast translator station announcements and to seeking or ac- shall be intended for direct reception knowledging financial support deemed by the general public and any other use necessary to the continued operation of shall be incidental thereto. A tele- the station. Accordingly, the origina- vision broadcast translator station tions concerning financial support and shall not be operated solely for the pur- PSAs are limited to 30 seconds each, no pose of relaying signals to one or more more than once per hour. Acknowl- fixed receiving points for retrans- edgements of financial support may in- mission, distribution, or further relay- clude identification of the contribu- ing. tors, the size and nature of the con- (d) The technical characteristics of tribution and advertising messages of the retransmitted signals shall not be contributors. Emergency transmissions deliberately altered so as to hinder re- shall be no longer or more frequent ception on conventional television than necessary to protect life and prop- broadcast receivers. erty. (e) A television broadcast translator (g) Low power TV stations may oper- station shall not deliberately retrans- ate under the following modes of serv- mit the signals of any station other ice: than the station it is authorized by li- (1) As a TV translator station, sub- cense to retransmit. Precautions shall ject to the requirements of this part; be taken to avoid unintentional re- (2) For origination of programming transmission of such other signals. and commercial matter as defined in (f) A locally generated radio fre- § 74.701(f); quency signal similar to that of a TV (3) For the transmission of subscrip- broadcast station and modulated with tion television broadcast (STV) pro- visual and aural information may be grams, intended to be received in intel- connected to the input terminals of a ligible form by members of the public television broadcast translator or low for a fee or charge subject to the provi- power station for the purposes of trans- sions of §§ 73.642(e) and 73.644. mitting still photographs, slides and (h) A low power TV station may not voice announcements. The radio fre- be operated solely for the purpose of re- quency signals shall be on the same laying signals to one or more fixed re- channel as the normally used off-the- ceiving points for retransmission, dis- air signal being rebroadcast. When tribution or relaying. transmitting originations concerning (i) Low power TV stations are subject financial support or public service an- to no minimum required hours of oper- nouncements, connection of the locally ation and may operate in any of the 3 generated signals shall be made auto- modes described in paragraph (g) of matically either by means of a time this section for any number of hours. switch or upon receipt of a control sig- (j) Television broadcast booster sta- nal from the TV station being rebroad- tions provide a means whereby the li- cast designed to actuate the switching censee of a television broadcast station circuit. The switching circuit will be so may provide service to areas of low sig- designed that the input circuit will be nal strength in any region within the returned to the off-the-air signal with- primary station’s Grade B contour. The in 30 seconds. The connection for emer- booster station may not be located out- gency transmissions may be made side the predicted Grade B of its pri- manually. The apparatus used to gen- mary station nor may the predicted erate the local signal which is used to Grade B signal of the television booster modulate the translator or low power station extend beyond the predicted station must be capable of producing a Grade B contour of the primary sta- visual or aural signal or both which tion. A television broadcast booster will provide acceptable reception on station is authorized to retransmit television receivers designed for the only the signals of its primary station;

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it shall not retransmit the signals of subscription service will be subject any other stations nor make independ- only to a notification requirement. ent transmissions. However, locally (f) Applications for transfer of owner- generated signals may be used to excite ship or control of a low power TV or the booster apparatus for the purpose TV translator station will be subject to of conducting tests and measurements petitions to deny. essential to the proper installation and (g) A television broadcast booster maintenance of the apparatus. station will be authorized only to the (k) The transmissions of a television licensee or permittee of the television broadcast booster station shall be in- station whose signals the booster will tended for direct reception by the gen- rebroadcast, to areas within the Grade eral public. Such stations will not be B contour of the primary station. permitted to establish a point-to-point (h) No numerical limit is placed on television relay system. the number of booster stations that [28 FR 13722, Dec. 14, 1963, as amended at 43 may be licensed to a single licensee. A FR 1951, Jan. 13, 1978; 47 FR 21499, May 18, separate license is required for each 1982; 47 FR 40172, Sept. 13, 1982; 48 FR 21487, television broadcast booster station. May 12, 1983; 52 FR 31404, Aug. 20, 1987] [47 FR 21499, May 18, 1982, as amended at 48 FR 21487, May 12, 1983; 49 FR 20504, May 15, § 74.732 Eligibility and licensing re- 1984; 52 FR 7423, Mar. 11, 1987; 52 FR 10571, quirements. Apr. 2, 1987; 52 FR 31404, Aug. 20, 1987] (a) A license for a low power TV or TV translator station may be issued to § 74.733 UHF translator signal boost- any qualified individual, organized ers. group of individuals, broadcast station (a) The licensee of a UHF television licensee, or local civil governmental broadcast translator station may be body. authorized to operate one or more sig- (b) More than one low power TV or nal boosters for the purpose of provid- TV translator station may be licensed ing reception to small shadowed areas to the same applicant whether or not within the area intended to be served such stations serve substantially the by the translator. same area. Low power TV and TV (b) The transmitting apparatus shall translator stations are not counted for consist of a simple linear radio fre- purposes of § 73.3555, concerning mul- quency , with one or more tiple ownership. amplifying stages, which is capable of (c) Only one channel will be assigned receiving, amplifying, and retransmit- to each low power TV or TV translator ting the signals of the parent trans- station. Additional low power or trans- lator without significantly altering lator stations may be authorized to any electrical characteristic of the re- provide additional reception. A sepa- ceived signal other than its amplitude. rate application is required for each The maximum power input to the plate station and each application must be of the final radio frequency amplifier complete in all respects. shall not exceed 5 watts. (d) The FCC will not act on applica- (c) The amplifier shall be equipped tions for new low power TV or TV with suitable circuits which will auto- translator stations, for changes in fa- matically cause it to cease radiating if cilities of existing stations, or for no signal is being received from the changes in output channel tendered by parent translator station. Care shall be displaced stations pursuant to taken in the design of the apparatus to § 73.3572(a)(1), when such changes will insure that out-of-band radiation is not result in a major change until the ap- excessive and that adequate isolation plicable time for filing a petition to is maintained between the input and deny has passed pursuant to § 73.3584(c). output circuits to prevent unstable op- (e) A proposal to change the primary eration. TV station being retransmitted or an (d) The installation of the apparatus application of a licensed translator sta- and its associated receiving and trans- tion to include low power TV station mitting antennas shall be in accord- operation, i.e., program origination or ance with accepted principles of good

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engineering practice. Either hori- vision Broadcast Translator Stations (Form zontal, vertical, or circular polariza- 346, for construction permits; 347, for license tion of the electric field of the radiated to cover construction permit; and 303-S, for signal may be employed. If the isola- renewal of license). Report and Order, Dock- tion between the input and output cir- et No. 20372. May 28, 1975. cuits depends in part upon the polariza- [28 FR 13722, Dec. 14, 1963, as amended at 40 tion or directive properties of the FR 25022, June 12, 1975; 59 FR 63052, Dec. 7, transmitting and receiving antennas, 1994] the installation shall be sufficiently rugged to withstand the normal haz- § 74.734 Attended and unattended op- ards of the environment. eration. (e) The operation of a UHF translator (a) Low power TV, TV translator, and signal booster is subject to the condi- TV booster stations may be operated tion that no harmful interference is caused to the reception of any station, without a designated person in attend- broadcast or non-broadcast, other than ance if the following requirements are the parent translator. The licensee of met: the UHF translator signal booster is (1) If the transmitter site cannot be expected to use reasonable diligence to promptly reached at all hours and in minimize interference to the direct re- all seasons, means shall be provided so ception of the parent translator sta- that the transmitting apparatus can be tion. turned on and off at will from a point (f) UHF translator signal boosters that readily is accessible at all hours may be operated unattended. Repairs and in all seasons. and adjustments shall be made by a (2) The transmitter also shall be qualified person. The required quali- equipped with suitable automatic cir- fications are set forth in § 74.750 (g) and cuits that will place it in a nonradiat- (h). ing condition in the absence of a signal (g) An individual call sign will not be on the input channel or circuit. assigned to a UHF translator booster (3) The transmitting and the ON/OFF station. The retransmission of the call control, if at a location other than the sign of the parent translator will serve transmitter site, shall be adequately as station identification. protected against tampering by unau- (h) Applications for authority to con- thorized persons. struct and operate a UHF translator (4) A letter notification must be filed signal booster shall be submitted on with the FCC in Washington, DC, At- FCC Form 346A. No construction of fa- tention: Video Services Division, Mass cilities or installation of apparatus at Media Bureau, providing the name, ad- the proposed transmitter site shall be dress, and telephone number of a per- made until a construction permit son or persons who may be called to se- therefor has been issued by the Com- cure suspension of operation of the mission. transmitter promptly should such ac- (i) The provisions of § 74.765 concern- tion be deemed necessary by the FCC. ing posting of station license shall Such information shall be kept current apply to a UHF translator signal boost- er except that the parent UHF trans- by the licensee. lator call sign, followed by the word (5) In cases where the antenna and ‘‘Booster’’, shall be displayed at the supporting structure are considered to signal booster site. be a hazard to air navigation and are (j) The provisions of §§ 74.767 and required to be painted and lighted 74.781 concerning marking and lighting under the provisions of part 17 of the of antenna structures and station Rules, the licensee shall make suitable records, respectively, apply to UHF arrangements for the daily observa- translator signal boosters. tions, when required, and lighting equipment inspections required by NOTE: Effective July 11, 1975, no new UHF §§ 17.37 and 17.38 of the FCC rules. signal boosters will be authorized. Licensees of such existing boosters may make applica- (b) An application for authority to tion for renewal of license or change in fa- construct a new low power TV station cilities on the applicable FCC forms for Tele- (when rebroadcasting the programs of

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another station) or TV translator sta- of the proposed directional antenna. A tion or to make changes in the facili- value of 1.0 should be used for the max- ties of an authorized station, and that imum radiation. The plot of the pat- proposes unattended operation, shall tern should be oriented so that 0° cor- include an adequate showing as to the responds to the maximum radiation of manner of compliance with this sec- the directional antenna or, alter- tion. natively in the case of a symmetrical [47 FR 21500, May 18, 1982, as amended at 48 pattern, to the line of symmetry. The FR 21487, May 12, 1983; 60 FR 55483, Nov. 1, 0° on the plot should be referenced to 1995; 63 FR 33878, June 22, 1998] the actual azimuth with respect to true North. § 74.735 Power limitations. (3) A tabulation of the relative field (a) The maximum peak effective radi- pattern required in paragraph (c)(2), of ated power (ERP) of an analog low this section. The tabulation should use power TV, TV translator, or TV boost- the same zero degree reference as the er station shall not exceed: plotted pattern, and be tabulated at (1) 3 kW for VHF channels 2–13; and least every 10°. In addition, tabulated (2) 150 kW for UHF channels 14–69. values of all maximas and minimas, (b) The maximum ERP of a digital with their corresponding azimuths, low power TV, TV translator, or TV should be submitted. booster station (average power) shall (4) All horizontal plane patterns not exceed: must be plotted to the largest scale (1) 300 watts for VHF channels 2–13; possible on unglazed letter-size polar and coordinate paper (main engraving ap- (2) 15 kW for UHF channels 14–69. proximately 18 cm x 25 cm (7 inches x (c) The limits in paragraphs (a) and 10 inches)) using only scale divisions (b) apply separately to the effective ra- and subdivisions of 1, 2, 2.5 or 5 times diated powers that may be obtained by 10-nth. Values of field strength on any the use of horizontally or vertically po- pattern less than 10% of the maximum larized transmitting antennas, provid- field strength plotted on that pattern ing the applicable provisions of must be shown on an enlarged scale. §§ 74.705, 74.706, 74.707 and 74.709 are (5) The horizontal plane patterns met. For either omnidirectional or di- that are required are the patterns for rectional antennas, where the ERP val- the complete directional antenna sys- ues of the vertically and horizontally tem. In the case of a composite an- polarized components are not of equal tenna composed of two or more individ- strength, the ERP limits shall apply to ual antennas, this means that the pat- the polarization with the larger ERP. terns for the composite antenna com- Applications proposing the use of direc- posed of two or more individual anten- tional antenna systems must be accom- nas, not the patterns for each of the in- panied by the following: dividual antennas, must be submitted. (1) Complete description of the pro- [30 FR 8847, July 14, 1965, as amended at 41 posed antenna system, including the FR 28267, July 9, 1976; 47 FR 21500, May 18, manufacturer and model number of the 1982; 48 FR 21487, May 12, 1983; 52 FR 7423, proposed directional antenna. It is not Mar. 11, 1987; 52 FR 31404, Aug. 20, 1987; 58 FR acceptable to label the antenna with 44951, Aug. 25, 1993; 62 FR 26722, May 14, 1997] only a generic term such as ‘‘Yagi’’ or ‘‘Dipole’’. A specific model number § 74.736 Emissions and bandwidth. must be provided. In the case of indi- (a) The license of a low power TV, TV vidually designed antennas with no translator, or TV booster station au- model number, or in the case of a com- thorizes the transmission of the visual posite antenna composed of two or signal by amplitude modulation (A5) more individual antennas, the antenna and the accompanying aural signal by should be described as a ‘‘custom’’ or frequency modulation (F3). ‘‘composite’’ antenna, as appropriate. (b) Standard width television chan- A full description of the design of the nels will be assigned and the transmit- antenna should also be submitted. ting apparatus shall be operated so as (2) Relative field horizontal plane to limit spurious emissions to the low- pattern (horizontal polarization only) est practicable value. Any emissions

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including intermodulation products (f) Consideration should be given to and radio frequency harmonics which the existence of strong radio frequency are not essential for the transmission fields from other transmitters at the of the desired picture and sound infor- site of the transmitting equipment and mation shall be considered to be spuri- the possibility that such fields may re- ous emissions. sult in the retransmissions of signals (c) Any emissions appearing on fre- originating on frequencies other than quencies more than 3 MHz above or that of the primary station being re- below the upper and lower edges, re- broadcast. spectively, of the assigned channel [47 FR 21500, May 18, 1982, as amended at 52 shall be attenuated no less than: FR 31404, Aug. 20, 1987] (1) 30 dB for transmitters rated at no more than 1 watt power output. § 74.750 Transmission system facilities. (2) 50 dB for transmitters rated at (a) A low power TV, TV translator, or more than 1 watt power output. TV booster station shall operate with a (3) 60 dB for transmitters rated at transmitter that is either certificated more than 100 watts power output. for licensing under the provisions of (d) Greater attenuation than that this subpart or type notified for use specified in paragraph (c) of this sec- under part 73 of this chapter. tion may be required if interference re- (b) Transmitting antennas, antennas sults from emissions outside the as- used to receive the signals to be re- signed channel. broadcast, and transmission lines are [28 FR 13722, Dec. 14, 1963, as amended at 33 not certificated by the FCC. External FR 8677, June 13, 1968; 36 FR 19592, Oct. 8, preamplifiers also may be used pro- 1971; 47 FR 21500, May 18, 1982; 52 FR 31404, vided that they do not cause improper Aug. 20, 1987] operation of the transmitting equip- ment, and use of such preamplifiers is § 74.737 Antenna location. not necessary to meet the provisions of (a) An applicant for a new low power paragraph (c) of this section. TV, TV translator, or TV booster sta- (c) The following requirements must tion or for a change in the facilities of be met before low power TV and TV an authorized station shall endeavor to translator transmitters will be certifi- select a site that will provide a line-of- cated by the FCC: sight transmission path to the entire (1) The equipment shall be so de- area intended to be served and at which signed that the electrical characteris- there is available a suitable signal tics of a standard television signal in- from the primary station, if any, that troduced into the input terminals will will be retransmitted. be maintained at the output. The over- (b) The transmitting antenna should all response of the apparatus within its be placed above growing vegetation and assigned channel, when operating at its trees lying in the direction of the area rated power output and measured at intended to be served, to minimize the the output terminals, shall provide a possibility of signal absorption by foli- smooth curve, varying within limits age. separated by no more than 4 dB: Pro- (c) A site within 8 kilometers of the vided, however, That means may be pro- area intended to be served is to be pre- vided to reduce the amplitude of the ferred if the conditions in paragraph (a) aural carrier below those limits, if nec- of this section can be met. essary to prevent intermodulation (d) Consideration should be given to which would mar the quality of the re- the accessibility of the site at all sea- transmitted picture or result in emis- sons of the year and to the availability sions outside of the assigned channel. of facilities for the maintenance and (2) Radio frequency harmonics of the operation of the transmitting equip- visual and aural carriers, measured at ment. the output terminals of the transmit- (e) The transmitting antenna should ter, shall be attenuated no less than 60 be located as near as is practical to the dB below the peak visual output power transmitter to avoid the use of long within the assigned channel. All other transmission lines and the associated emissions appearing on frequencies power losses. more than 3 megacycles above or below

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the upper and lower edges, respec- (6) The tube or tubes employed in the tively, of the assigned channel shall be final radio frequency amplifier shall be attenuated no less than: of the appropriate power rating to pro- (i) 30 dB for transmitters rated at no vide the rated power output of the more than 1 watt power output. translator. The normal operating con- (ii) 50 dB for transmitters rated at stants for operation at the rated power more than 1 watt power output. output shall be specified. The appara- (iii) 60 dB for transmitters rated at tus shall be equipped with suitable me- more than 100 watts power output. ters or meter jacks so that appropriate (3) When subjected to variations in voltage and current measurements ambient temperature between minus 30 may be made while the apparatus is in degrees and plus 50 degrees Centigrade operation. and variations in power main voltage (7) The transmitters of over 0.001 kW between 85 percent and 115 percent of peak visual power (0.002 kW when cir- rated power supply voltage, the local cularly polarized antennas are used) oscillator frequency stability shall shall be equipped with an automatic maintain the operating frequency with- keying device that will transmit the in: call sign of the station, in Inter- (i) 0.02 percent of its rated frequency national Morse Code, at least once each for transmitters rated at no more than hour during the time the station is in 100 watts peak visual power. operation when operating in the trans- (ii) 0.002 percent of the rated fre- lator mode retransmitting the pro- quency for transmitters rated at more gramming of a TV broadcast station. than 100 watts peak visual power. However, the identification by Morse Code is not required if the licensee of (iii) Plus or minus 1 kHz of its rated the low power TV or TV translator sta- frequency for transmitters to be used tion has an agreement with the TV at stations employing offset carrier frequency operation. broadcast station being rebroadcast to transmit aurally or visually the low (4) The apparatus shall contain auto- power TV or TV translator station call matic circuits which will maintain the as provided for in § 74.783. Transmission peak visual power output constant of the call sign can be accomplished by: within 2 dB when the strength of the input signal is varied over a range of 30 (i) Frequency shift keying; the aural dB and which will not permit the peak and visual carrier shift shall not be less visual power output to exceed the max- than 5 kHz or greater than 25 kHz. imum rated power output under any (ii) Amplitude modulation of the condition. If a manual adjustment is aural carrier of at least 30% modula- provided to compensate for different tion. The audio frequency tone used average signal strengths, provision shall not be within 200 hertz of the shall be made for determining the Emergency Broadcast System Atten- proper setting for the control, and if tion Signal alerting frequencies. improper adjustment of the control (8) Wiring, shielding, and construc- could result in improper operation, a tion shall be in accordance with ac- label shall be affixed at the adjustment cepted principles of good engineering control bearing a suitable warning. practice. (5) The apparatus must be equipped (d) Low power TV, TV translator and with automatic controls that will place transmitting equipment using a modu- it in a non-radiating condition when no lation process for either program origi- signal is being received on the input nation or rebroadcasting TV booster channel, either due to absence of a transmitting equipment using a modu- transmitted signal or failure of the re- lation process must meet the following ceiving portion of the facilities used requirements: for rebroadcasting the signal of an- (1) The equipment shall meet the re- other station. The automatic control quirements of paragraphs (a)(1) and may include a time delay feature to (b)(3) of § 73.687. prevent interruptions caused by fading (2) The stability of the equipment or other momentary failures of the in- shall be sufficient to maintain the op- coming signal. erating frequency of the aural carrier

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to 4.5 MHz±1kHz above the visual car- tion. A report of the methods, measure- rier when subjected to variations in ments, and results must be kept in the ambient temperature between 30° and station records. However, stations in- +50° centigrade and variations in power stalling modulating equipment solely main voltage between 85 and 115 per- for the limited local origination of sig- cent of rated power supply voltage. nals permitted by § 74.731 need not com- (e) Certification will be granted only ply with the requirements of this para- upon a satisfactory showing that the graph. apparatus is capable of meeting the re- [28 FR 13722, Dec. 14, 1963, as amended at 33 quirements of paragraphs (c) and (d) of FR 8677, June 13, 1968; 36 FR 19592, Oct. 8, this section. The following procedures 1971; 37 FR 25844, Dec. 5, 1972; 41 FR 17552, shall apply: Apr. 27, 1976; 43 FR 1951, Jan. 13, 1978; 46 FR (1) Any manufacturer of apparatus 35465, July 8, 1981; 47 FR 21500, May 18, 1982; intended for use at low power TV, TV 47 FR 30496, July 14, 1982; 52 FR 31404, Aug. translator, or TV booster stations may 20, 1987; 60 FR 55483, Nov. 1, 1995; 62 FR 26722, request certification by following the May 14, 1997; 63 FR 36605, July 7, 1998] procedures set forth in part 2, subpart EFFECTIVE DATE NOTE: At 63 FR 36605, July J, of this chapter. 7, 1998, in § 74.750, paragraphs (a), (b), (c) in- (2) Low power TV, TV translator, and troductory text and (g) were amended by re- TV booster transmitting apparatus moving the term ‘‘type accepted’’ each place that has been certificated by the FCC it appears and adding in its place the term ‘‘certificated’’; paragraph (e) introductory will normally be authorized without text and (e)(1), (e)(2), (e)(3), (e)(4) were additional measurements from the ap- amended by removing the term ‘‘type accept- plicant or licensee. ed’’ each place its appears and adding in its (3) Applications for certification of place the term ‘‘certificated’’ and by remov- modulators to be used with existing ing the term ‘‘type acceptance’’ each place it certificated TV translator apparatus appears and adding in its place the term must include the specifications elec- ‘‘certification’’; and by removing the last trical and mechanical interconnecting two sentences of paragraph (e)(1), effective Oct. 5, 1998. For the convenience of the user, requirements for the apparatus with the superseded text is set forth as follows: which it is designed to be used. (4) Other rules concerning certifi- § 74.750 Transmission system facilities. cation, including information regard- ing withdrawal of type acceptance, * * * * * modification of certificated equipment (e) * * * and limitations on the findings upon (1) * * * Equipment found to be acceptable which certification is based, are set by the FCC will be listed in the ‘‘Radio forth in part 2, subpart J, of this chap- Equipment List’’ published by the FCC. ter. These lists are available for inspection at the (f) The transmitting antenna system FCC headquarters in Washington, DC or at may be designed to produce horizontal, any of its field offices. vertical, or circular polarization. (g) Low power TV, TV translator, or * * * * * TV booster stations installing new cer- tificated transmitting apparatus incor- § 74.751 Modification of transmission porating modulating equipment need systems. not make equipment performance (a) No change, either mechanical or measurements and shall so indicate on electrical, may be made in apparatus the station license application. Sta- which has been certificated by the tions adding new or replacing modulat- Commission without prior authority of ing equipment in existing low power the Commission. If such prior author- TV, TV translator, or TV booster sta- ity has been given to the manufacturer tion transmitting apparatus must have of certificated equipment, the manu- a qualified person examine the trans- facturer may issue instructions for mitting system after installation. This such changes citing its authority. In person must certify in the application such cases, individual licensees are not for the station license that the trans- required to secure prior Commission mitting equipment meets the require- approval but shall notify the Commis- ments of paragraph (d)(1) of this sec- sion when such changes are completed.

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(b) Formal application (FCC Form of this part and the station authoriza- 346) is required for any of the following tion. changes: [28 FR 13722, Dec. 14, 1963, as amended at 38 (1) Replacement of the transmitter as FR 6827, Mar. 13, 1973; 39 FR 38652, Nov. 1, a whole, except replacement with a 1974; 45 FR 26067, Apr. 17, 1980; 47 FR 21501, transmitter of identical power rating May 18, 1982; 48 FR 41423, Sept. 15, 1983; 50 FR which has been certificated by the FCC 23710, June 5, 1985; 52 FR 31405, Aug. 20, 1987; 63 FR 33879, June 22, 1998; 63 FR 36605, July 7, for use by low power TV, TV trans- 1998] lator, and TV booster stations, or any change which could result in a change EFFECTIVE DATE NOTE: At 63 FR 36605, July 7, 1998, in § 74.751 paragraphs (a) and (b)(1) in the electrical characteristics or per- were amended by removing the term ‘‘type formance of the station. accepted’’ and inserting in its place the term (2) Any change in the transmitting ‘‘certificated’’, effective Oct. 5, 1998. antenna system, including the direc- tion of radiation, directive antenna § 74.761 Frequency tolerance. pattern, antenna gain, transmission The licensee of a low power TV, TV line loss characteristics, or height of translator, or TV booster station shall antenna center of radiation. maintain the transmitter output fre- (3) Any change in the overall height quencies as set forth below. The fre- quency tolerance of stations using di- of the antenna structure, except where rect frequency conversion of a received notice to the Federal Aviation Admin- signal and not engaging in offset car- istration is specifically not required rier operation as set forth in paragraph under § 17.14(b) of this chapter. (d) of this section will be referenced to (4) Any horizontal change of the loca- the authorized plus or minus 10 kHz tion of the antenna structure which offset, if any, of the primary station. would (i) be in excess of 152.4 meters (a) The visual carrier shall be main- (500 feet), or (ii) require notice to the tained to within 0.02 percent of the as- Federal Aviation Administration pur- signed visual carrier frequency for suant to § 17.7 of the FCC’s Rules. transmitters rated at not more than (5) A change in frequency assign- 100 watts peak visual power. ment. (b) The visual carrier shall be main- (6) Any changes in the location of the tained to within 0.002 percent of the as- transmitter except within the same signed visual carrier frequency for building or upon the same pole or transmitters rated at more than 100 tower. watts peak visual power. (c) The aural carrier of stations em- (7) A change of authorized operating ploying modulating equipment shall be power. maintained at 4.5 MHz ± 1 kHz above (c) Other equipment changes not spe- the visual carrier frequency. cifically referred to in paragraphs (a) (d) The visual carrier shall be main- and (b) of this section may be made at tained to within 1 kHz of the assigned the discretion of the licensee, provided channel carrier frequency if the low that the FCC in Washington, DC, At- power TV, TV translator, or TV boost- tention: Video Services Division, Mass er station is authorized with a specified Media Bureau, is notified in writing offset designation in order to provide upon the completion of such changes. protection under the provisions of (d) Upon installation of new or re- § 74.705 or § 74.707. placement transmitting equipment for [43 FR 1952, Jan. 13, 1978, as amended at 52 which prior FCC authority is not re- FR 31405, Aug. 20, 1987] quired under the provisions of this sec- tion, the licensee must place in the sta- § 74.762 Frequency measurements. tion records a certification that the (a) The licensee of a low power TV new installation complies in all re- station, a TV translator, or a TV boost- spects with the technical requirements er station must measure the carrier

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frequencies of its output channel as (c) Failure of a low power TV, TV often as necessary to ensure operation translator, or TV booster station to op- within the specified tolerances, and at erate for a period of 30 days or more, least once each calendar year at inter- except for causes beyond the control of vals not exceeding 14 months. the licensee, shall be deemed evidence (b) In the event that a low power TV, of discontinuation of operation and the TV translator, or TV booster station is license of the station may be cancelled found to be operating beyond the fre- at the discretion of the FCC. Further- quency tolerance prescribed in § 74.761, more, the station’s license will expire the licensee promptly shall suspend op- as a matter of law, without regard to eration of the transmitter and shall any causes beyond control of the li- not resume operation until transmitter censee, if the station fails to transmit has been restored to its assigned fre- broadcast signals for any consecutive quencies. Adjustment of the frequency 12-month period, notwithstanding any determining circuits of the transmitter provision, term, or condition of the li- shall be made only by a qualified per- cense to the contrary. son in accordance with § 74.750(g). (d) A television broadcast translator station shall not be permitted to radi- [52 FR 31405, Aug. 20, 1987] ate during extended periods when sig- § 74.763 Time of operation. nals of the primary station are not being retransmitted. (a) A low power TV, TV translator, or TV booster station is not required to [28 FR 13722, Dec. 14, 1963, as amended at 52 adhere to any regular schedule of oper- FR 7423, Mar. 11, 1987; 52 FR 31405, Aug. 20, ation. However, the licensee of a TV 1987; 61 FR 28768, June 6, 1996; 63 FR 33879, translator or TV booster station is ex- June 22, 1998] pected to provide service to the extent § 74.765 Posting of station and opera- that such is within its control and to tor licenses. avoid unwarranted interruptions in the (a) The station license and any other service provided. (b) In the event that causes beyond instrument of authorization or individ- the control of the low power TV or TV ual order concerning the construction translator station licensee make it im- of the station or manner of operation possible to continue operating, the li- shall be kept in the station record file censee may discontinue operation for a so as to be available for inspection period of not more than 30 days with- upon request of authorized representa- out further authority from the FCC. tives of the FCC. Notification must be sent to the FCC (b) The call sign of the station, to- in Washington, DC, Attention: Video gether with the name, address, and Services Division, Bureau, telephone number of the licensee or not later than the 10th day of discon- local representative of the licensee, if tinued operation. During such period, the licensee does not reside in the com- the licensee shall continue to adhere to munity served by the station, and the the requirements in the station license name and address of the person and pertaining to the lighting of antenna place where the station records are structures. In the event normal oper- maintained, shall be displayed at the ation is restored prior to the expiration transmitter site on the structure sup- of the 30 day period, the FCC in Wash- porting the transmitting antenna, so ington, DC, Attention: Video Services as to be visible to a person standing on Division, Mass Media Bureau, shall be the ground. The display shall be main- notified in writing of the date normal tained in legible condition by the li- operations resumed. If causes beyond censee. the control of the licensee make it im- [47 FR 21502, May 18, 1982, as amended at 52 possible to comply within the allowed FR 7423, Mar. 11, 1987; 60 FR 55483, Nov. 1, period, a request for Special Tem- 1995] porary Authority (see § 73.1635 of this chapter) shall be made to the FCC no § 74.769 Copies of rules. later than the 30th day for such addi- The licensee or permittee of a station tional time as may be deemed nec- authorized under this subpart shall essary. have a current copy of Volume I and

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Volume III of the Commission’s Rules. Section 73.3516—Specification of facilities. Each such licensee or permittee shall Section 73.3517—Contingent applications. be familiar with those rules relating to Section 73.3518—Inconsistent or conflicting stations authorized under this subpart. applications. Section 73.3519—Repetitious applications. Copies of the Commission’s rules may Section 73.3521—Mutually exclusive appli- be obtained from the Superintendent of cations for low power TV and TV translator Documents, Government Printing Of- stations. fice, Washington, DC 20402. Section 73.3522—Amendment of applica- tions. [60 FR 55483, Nov. 1, 1995] Section 73.3525—Agreements for removing application conflicts. § 74.780 Broadcast regulations applica- ble to translators, low power, and Section 73.3533—Application for construc- booster stations. tion permit or modification of construction permit. The following rules are applicable to Section 73.3534—Application for extension TV translator, low power TV, and TV of construction permit or for construction booster stations: permit to replace expired construction per- mit. Section 73.653—Operation of TV aural and Section 73.3536—Application for license to visual transmitters. cover construction permit. Section 73.658—Affiliation agreements and Section 73.3538 (a)(1)(3)(4), (b)(2)—Applica- network program practices; territorial ex- tion to make changes in existing station. clusivity in non-network program arrange- Section 73.3539—Application for renewal of ments. license. Part 73, Subpart G—Emergency Broadcast Section 73.3540—Application for voluntary System (for low power TV stations locally assignment of transfer of control. originating programming as defined by Section 73.3541—Application for involun- § 74.701(h)). tary assignment or transfer of control. Section 73.1201—Station identification (for Section 73.3542—Application for emergency low power TV stations locally originating authorization. programming as defined by § 74.701(h)). Section 73.3544—Application to obtain a Section 73.1206—Broadcast of telephone modified station license. conversations. Section 73.3545—Application for permit to Section 73.1207—Rebroadcasts. deliver programs to foreign stations. Section 73.1208—Broadcast of taped, filmed Section 73.3550—Requests for new or modi- or recorded material. fied call sign assignments. Section 73.1211—Broadcast of lottery infor- Section 73.3561—Staff consideration of ap- mation. plications requiring Commission action. Section 73.1212—Sponsorship identifica- Section 73.3562—Staff consideration of ap- tions; list retention, related requirements. Section 73.1216—Licensee conducted con- plications not requiring action by the Com- tests. mission. Section 73.1510—Experimental authoriza- Section 73.3564—Acceptance of applica- tions. tions. Section 73.1515—Special field test author- Section 73.3566—Defective applications. izations. Section 73.3568—Dismissal of applications. Section 73.1615—Operation during modi- Section 73.3572—Processing of TV broad- fications of facilities. cast, low power TV, and TV translator sta- Section 73.1635—Special temporary author- tion applications. izations (STA). Section 73.3580—Local public notice of fil- Section 73.1650—International broadcasting ing of broadcast applications. agreements. Section 73.3584—Petitions to deny. Section 73.1680—Emergency antennas. Section 73.3587—Informal objections. Section 73.1692—Construction near or in- Section 73.3591—Grants without hearing. stallations on an AM broadcast tower. Section 73.3593—Designation for hearing. Section 73.1940—Broadcasts by candidates Section 73.3594—Local public notice of des- for public office. ignation for hearing. Section 73.2080—Equal employment oppor- Section 73.3597—Procedures on transfer and tunities (for low power TV stations only). assignment applications. Section 73.3500—Application and report Section 73.3598—Period of construction. forms. Section 73.3599—Forfeiture of construction Section 73.3511—Applications required. permit. Section 73.3512—Where to file; number of Section 73.3601—Simultaneous modifica- copies. tion and renewal of license. Section 73.3513—Signing of applications. Section 73.3603—Special waiver procedure Section 73.3514—Content of applications. relative to applications.

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Section 73.3612—Annual employment re- (0.002 kw when using circularly polar- port (for low power TV stations only). ized antennas) must transmit its sta- Section 73.3613—Filing of contracts (net- tion identification as follows: work affiliation contracts for low power TV (1) By transmitting the call sign in stations only). International Morse Code at least once [52 FR 7423, Mar. 11, 1987, as amended at 52 each hour. This transmission may be FR 25867, July 9, 1987; 52 FR 31405, Aug. 20, accomplished by means of an auto- 1987; 56 FR 28099, June 19, 1991; 59 FR 31557, matic device as required by June 20, 1994; 62 FR 51063, Sept. 30, 1997] § 74.750(c)(7). Call sign transmission § 74.781 Station records. shall be made at a code speed not in ex- cess of 20 words per minute; or (a) The licensee of a low power TV, (2) By arranging for the primary sta- TV translator, or TV booster station tion, whose signal is being rebroadcast, shall maintain adequate station to identify the translator station by records, including the current instru- transmitting an easily readable visual ment of authorization, official cor- presentation or a clearly understand- respondence with the FCC, contracts, able aural presentation of the trans- permission for rebroadcasts, and other lator station’s call letters and location. pertinent documents. Two such identifications shall be made (b) Entries required by § 17.49 of this between 7 a.m. and 9 a.m. and 3 p.m. Chapter concerning any observed or and 5 p.m. each broadcast day at ap- otherwise known extinguishment or proximately one hour intervals during improper functioning of a tower light: each time period. Television stations (1) The nature of such extinguish- which do not begin their broadcast day ment or improper functioning. before 9 a.m. shall make these identi- (2) The date and time the extinguish- fications in the hours closest to these ment or improper operation was ob- time periods at the specified intervals. served or otherwise noted. (b) Licensees of television translators (3) The date, time and nature of ad- whose station identification is made by justments, repairs or replacements the television station whose signals are made. being rebroadcast by the translator, (c) The station records shall be main- must secure agreement with this tele- tained for inspection at a residence, of- vision station licensee to keep in its fice, or public building, place of busi- file, and available to FCC personnel, ness, or other suitable place, in one of the translator’s call letters and loca- the communities of license of the tion, giving the name, address and tele- translator or booster, except that the phone number of the licensee or his station records of a booster or trans- service representative to be contacted lator licensed to the licensee of the pri- in the event of malfunction of the mary station may be kept at the same translator. It shall be the responsibil- place where the primary station ity of the translator licensee to furnish records are kept. The name of the per- current information to the television son keeping station records, together station licensee for this purpose. with the address of the place where the (c) A low power TV station shall records are kept, shall be posted in ac- comply with the station identification cordance with § 74.765(c) of the rules. procedures given in § 73.1201 when lo- The station records shall be made cally originating programming, as de- available upon request to any author- fined by § 74.701(h). The identification ized representative of the Commission. procedures given in paragraphs (a) and (d) Station logs and records shall be (b) are to be used at all other times. retained for a period of two years. (d) Call signs for low power TV and [48 FR 44806, Sept. 30, 1983, as amended at 52 TV translator stations will be made up FR 31405, Aug. 20, 1987] of the initial letter K or W followed by the channel number assigned to the § 74.783 Station identification. station and two additional letters. The (a) Each low power TV and TV trans- use of the initial letter generally will lator station not originating local pro- follow the pattern used in the broad- gramming as defined by § 74.701(h) oper- cast service, i.e., stations west of the ating over 0.001 kw peak visual power Mississippi River will be assigned an

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initial letter K and those east, the let- sent of the station whose signals or ter W. The two letter combinations fol- programs are proposed to be re- lowing the channel number will be as- transmitted. The FCC, Attention: signed in order and requests for the as- Video Services Division, Mass Media signment of the particular combina- Bureau, shall be notified of the call let- tions of letters will not be considered. ters of each station rebroadcast, and The channel number designator for the licensee of the low power TV or TV Channels 2 through 9 will be incor- broadcast translator station shall cer- porated in the call sign as a 2-digit tify it has obtained written consent number, i.e., 02, 03, . . . ., so as to avoid from the licensee of the station whose similarities with call signs assigned to programs are being retransmitted. stations. (c) A TV translator station may re- (e) Low power TV permittees or li- broadcast only programs and signals censees may request that they be as- that are simultaneously transmitted signed four-letter call signs in lieu of by a TV broadcast station. the five-character alpha-numeric call (d) A TV booster station may re- signs described in paragraph (d) of this broadcast only programs and signals section. Parties requesting four-letter call signs are to follow the procedures that are simultaneously transmitted delineated in § 73.3550. Such four-letter by the primary station to which it is call signs shall begin with K or W; sta- authorized. tions West of the Mississippi River will (e) The provisions of § 73.1207 of part be assigned an initial letter K and sta- 73 of this chapter apply to low power tions east of the Mississippi River will TV stations in transmitting any mate- be assigned an initial letter W. The rial during periods of program origina- four-letter call sign will be followed by tion obtained from the transmissions the suffix ‘‘–LP.’’ A party holding a low of any other type of station. power TV construction permit who re- quests a four-letter call sign must file (Sec. 325, 48 Stat. 1091; 47 U.S.C. 325) with that request a certification that [28 FR 13722, Dec. 14, 1963, as amended at 47 the station has been constructed, that FR 21502, May 18, 1982; 52 FR 31405, Aug. 20, physical construction is underway at 1987; 63 FR 33879, June 22, 1998] the transmitter site or that a firm equipment order has been placed. Subpart H—Low Power Auxiliary (f) TV broadcast booster station shall Stations be identified by their primary stations by broadcasting of the primary sta- § 74.801 Definitions. tion’s call letters and location in ac- cordance with the provisions of § 73.1201 Cable television system operator. A of this chapter. cable television operator is defined in § 76.5(cc) of the rules. [41 FR 17552, Apr. 27, 1976, as amended at 47 Low power auxiliary station. An auxil- FR 21502, May 18, 1982; 52 FR 7424, Mar. 11, 1987; 52 FR 31405, Aug. 20, 1987; 59 FR 31557, iary station authorized and operated June 20, 1994] pursuant to the provisions set forth in this subpart. Devices authorized as low § 74.784 Rebroadcasts. power auxiliary stations are intended (a) The term rebroadcast means the to transmit over distances of approxi- reception by radio of the programs or mately 100 meters for uses such as other signals of a radio or television wireless microphones, cue and control station and the simultaneous or subse- communications, and synchronization quent retransmission of such programs of TV camera signals. or signals for direct reception by the Motion picture producer. Motion pic- general public. ture producer refers to a person or or- (b) The licensee of a low power TV or ganization engaged in the production TV translator station shall not re- or filming of motion pictures. broadcast the programs of any other Television program producer. Tele- TV broadcast station or other station vision program producer refers to a authorized under the provisions of this person or organization engaged in the Subpart without obtaining prior con- production of television programs.

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(Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) § 74.803 Frequency selection to avoid [42 FR 14729, March 16, 1977, as amended at 43 interference. FR 14662, Apr. 7, 1978; 51 FR 4603, Feb. 6, 1986; (a) Where two or more low power 51 FR 9966, Mar. 24, 1986; 54 FR 41842, Oct. 12, auxiliary licensees need to operate in 1989] the same area, the licensees shall en- § 74.802 Frequency assignment. deavor to select frequencies or sched- ule operation in such manner as to (a) Frequencies within the following bands may be assigned for use by low avoid mutual interference. If a mutu- power auxiliary stations: ally satisfactory arrangement cannot be reached, the Commission shall be 26.100–26.480 MHz notified and it will specify the fre- 54.000–72.000 MHz quency or frequencies to be employed 76.000–88.000 MHz by each licensee. 161.625–161.775 MHz (except in Puerto Rico or the Virgin Islands) (b) The selection of frequencies in the 174.000–216.000 MHz bands allocated for TV broadcasting for 450.000–451.000 MHz use in any area shall be guided by the 455.000–456.000 MHz need to avoid interference to TV broad- 470.000–488.000 MHz cast reception. In these bands, low 488.000–494.000 MHz (except Hawaii) 494.000–608.000 MHz power auxiliary station usage is sec- 614.000–806.000 MHz ondary to TV broadcasting and land 944.000–952.000 MHz mobile stations operating in the UHF– TV spectrum and must not cause harm- (b) Operations in the bands allocated ful interference. If such interference for TV broadcasting, listed below, are occurs, low power auxiliary station op- limited to locations removed from ex- eration must immediately cease and isting co-channel TV broadcast sta- may not be resumed until the inter- tions by not less than the following ference problem has been resolved. distances unless otherwise authorized by the FCC. (See § 73.609 for zone defini- [42 FR 14729, Mar. 16, 1977, as amended at 52 tions.) FR 2535, Jan. 23, 1987] (1) 54.000–72.000 MHz and 76.000–88.000 MHz: § 74.831 Scope of service and permis- sible transmissions. Zone I 105 km (65 miles) Zones II and III 129 km (80 miles) The license for a low power auxiliary station authorizes the transmission of (2) 174.000–216.000 MHz cues and orders to production person- Zone I 97 km (60 miles) nel and participants in broadcast pro- Zones II and III 129 km (80 miles) grams and motion pictures and in the (3) 480.000–608.000 MHz and 614.000— preparation therefor, the transmission 806.000 MHz of program material by means of a wireless microphone worn by a per- All zones 113 km (70 miles) former and other participants in a pro- (c) Specific frequency operation is re- gram or motion picture during re- quired when operating within the hearsal and during the actual broad- bands allocated for TV broadcasting. cast, filming, or recording, or the (1) The frequency selection shall be transmission of comments, interviews, offset from the upper or lower band and reports from the scene of a remote limits by 25 kHz or an integral mul- broadcast. Low power auxiliary sta- tiple thereof. tions operating in the 944–952 MHz band (2) One or more adjacent 25 kHz seg- may, in addition, transmit synchroniz- ments within the assignable fre- ing signals and various control signals quencies may be combined to form a to portable or hand-carried TV cameras channel whose maximum bandwidth which employ low power radio signals shall not exceed 200 kHz. in lieu of cable to deliver picture sig- (d) Low power auxiliary licensees nals to the control point at the scene will not be granted exclusive frequency of a remote broadcast. assignments. [42 FR 14729, Mar. 16, 1977, as amended at 51 [52 FR 2535, Jan. 23, 1987] FR 4603, Feb. 6, 1986]

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§ 74.832 Licensing requirements and cilities are to be principally used as procedures. given in paragraph (h) of this section; (a) A license authorizing operation of or it shall specify the motion picture one or more low power auxiliary sta- or television production company or tions will be issued only to the follow- the cable television operator with ing: which the low power broadcast auxil- (1) A licensee of an AM, FM, TV, or iary facilities are to be solely used. A International broadcast station or low single application, filed in duplicate on power TV station. Low power auxiliary FCC Form 313 may be used in applying stations will be licensed for used with a for the authority to operate one or specific broadcast or low power TV sta- more low power auxiliary units. The tion or combination of stations li- application must specify the number of censed to the same licensee within the units to be operated and the frequency same community. bands which will be used. Motion pic- (2) A broadcast network entity. ture producers, television program pro- (3) A cable television system operator ducers, and cable television operators who operates a cable system that pro- are required to attach a single sheet to duces program material for origination their application form explaining in de- or access cablecasting, as defined in tail the manner in which the eligibility § 76.5(r). requirements given in paragraph (a) of (4) Motion picture producers as de- this section are met. fined in § 74.801. (f) Applications for the use of the (5) Television program producers as bands allocated for TV broadcasting defined in § 74.801. must specify the usual area of oper- (6) Licensees and conditional licens- ation within which the low power aux- ees of stations in the Multipoint Dis- iliary station will be used. This area of tribution Service and Multichannel operation may, for example, be speci- Multipoint Distribution Service as de- fied as the metropolitan area in which fined in § 21.2 of this chapter, or enti- the broadcast licensee serves, or the ties that hold an executed lease agree- usual area within which motion picture ment with an MDS or MMDS licensee and television producers are operating. or conditional licensee or with an In- Because low power auxiliary stations structional Television Fixed Service li- operating in these bands will only be censee or permittee. permitted in areas removed from exist- (b) An application for a new or re- ing co-channel TV broadcast stations, newal of low power auxiliary license licensees have full responsibility to en- shall specify the frequency band or sure that operation of their stations bands desired. Only those frequency does not occur at distances less than bands necessary for satisfactory oper- those specified in § 74.802(b). ation shall be requested. (g) Low power auxiliary licenses will (c) Licensees of AM, FM, TV, and specify the minimum and maximum International broadcast stations; low number of units that may be operated power TV stations; and broadcast net- as follows: from 1 to 5 stations; from 4 work entities may be authorized to op- to 12 stations; from 10 to 24 stations; erate low power auxiliary stations in from 20 to 50 stations; 45 or more sta- the frequency bands set forth in tions. § 74.802(a). (h) For broadcast licensees, low (d) Cable television operations, mo- power auxiliary stations will be li- tion picture and television program censed for use with a specific broadcast producers may be authorized to operate station or combination of broadcast low power auxiliary stations only in stations licensed to the same licensee the bands allocated for TV broadcast- and to the same community. Licensing ing. of low power auxiliary stations for use (e) An application for low power aux- with a specific broadcast station or iliary stations or for a change in an ex- combination of such stations does not isting authorization shall specify the preclude their use with other broadcast broadcast station, combination of such stations of the same or a different li- stations, or the network with which censee at any location. Operation of the low power broadcast auxiliary fa- low power auxiliary stations outside

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the area of operation specified in the of the reasons for the delay in submit- authorization, or in other bands is per- ting the request. mitted without further authority of (c) An informal request for special the Commission. However, operation of temporary authority requiring pay- low power auxiliary stations shall, at ment of a fee shall be addressed to the all times, be in accordance with the re- FCC at Federal Communications Com- quirements of § 74.882 of this subpart. mission, Broadcast Auxiliary Radio Also, a low power auxiliary station Services, P.O. Box 358700, Pittsburgh, that is being used with a broadcast sta- PA 15251–5700. An informal request for tion or network other than one with special temporary authority not re- which it is licensed, must, in addition quiring payment of a fee shall be ad- to meeting the requirements of § 74.861 dressed to the FCC at Federal Commu- of this subpart, not cause harmful in- nications Commission, 1270 Fairfield terference to another low power auxil- Road, Gettysburg, Pennsylvania 17325. iary station which is being used with All requests must include full particu- the broadcast station(s) or network lars including: Applicant’s name, state- with which it is licensed. ment of eligibility, call letters of asso- ciated broadcast station or stations, if (i) In case of permanent discontinu- any, name and address of individual ance of operation of a station licensed designated to receive the return tele- under this subpart, the licensee shall gram, type and manufacturer of equip- forward the station license to the Fed- ment, power output, emission, fre- eral Communications Commission, quency or frequencies proposed to be Broadcast Auxiliary Radio Services, used, commencement and termination 1270 Fairfield Road, Gettysburg, Penn- date, location of proposed operation, sylvania 17325 for cancellation. and purpose for which request is made (j) The license shall be retained in including any particular justification. the licensee’s files at the address (d) A request for special temporary shown on the authorization, posted at authority shall specify a frequency the transmitter, or posted at the con- band consistent with the provisions of trol point of the station. § 74.802: Provided, That, in the case of [42 FR 14729, Mar. 16, 1977, as amended at 47 events of wide-spread interest and im- FR 9221, Mar. 4, 1982; 47 FR 21503, May 18, portance which cannot be transmitted 1982; 47 FR 55938, Dec. 14, 1982; 51 FR 4603, successfully on these frequencies, fre- Feb. 6, 1986; 51 FR 9966, Mar. 24, 1986; 52 FR quencies assigned to other services 2535, Jan. 23, 1987; 55 FR 46012, Oct. 31, 1990; may be requested upon a showing that 58 FR 19776, Apr. 16, 1993] operation thereon will not cause inter- ference to established stations: And § 74.833 Temporary authorizations. provided further, In no case will oper- (a) Special temporary authority may ation of a low power auxiliary broad- be granted for low power auxiliary sta- cast station be authorized on fre- tion operation which cannot be con- quencies employed for the safety of life ducted in accordance with § 74.24. Such and property. authority will normally be granted (e) The user shall have full control only for operations of a temporary na- over the transmitting equipment dur- ture. Where operation is seen as likely ing the period it is operated. on a continuing annual basis, an appli- (f) Special temporary authority to cation for a regular authorization permit operation of low power auxil- should be submitted. iary stations pending Commission ac- (b) A request for special temporary tion on an application for regular au- authority for the operation of a low thority will not normally be granted. power auxiliary station may be made [42 FR 14729, Mar. 16, 1977, as amended at 47 by informal application, which shall be FR 9221, Mar. 4, 1982; 47 FR 55939, Dec. 14, filed with the Commission in Washing- 1982; 58 FR 19776, Apr. 16, 1993] ton at least 10 days prior to the date of the proposed operation: Provided, That, § 74.851 Certification of equipment. an application filed within less than 10 (a) Applications for new low power days of the proposed operation may be auxiliary stations will not be accepted accepted upon a satisfactory showing unless the transmitting equipment

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specified therein has been certificated cated’’ and ‘‘certification’’, respectively, in for use pursuant to provisions of this paragraphs (a), (b), (c), (e), and (f); and by re- subpart. moving the last sentence of paragraph (c), ef- (b) Any manufacturer of a transmit- fective Oct. 5, 1998. For the convenience of the user, the superseded text is set forth as ter to be used in this service may apply follows: for certification for such transmitter following the certification procedure § 74.851 Type acceptance of equipment. set forth in part 2 of the Commission’s Rules and Regulations. Attention is * * * * * also directed to part 1 of the Commis- sion’s Rules and Regulations which (c) * * * Individual transmitters which are type accepted will not normally be included specifies the fees required when filing in the Commission’s ‘‘Radio Equipment an application for certification. List.’’ (c) An applicant for a low power aux- iliary station may also apply for cer- * * * * * tification for an individual transmitter by following the certification proce- § 74.852 Equipment changes. dure set forth in part 2 of the Commis- sion’s Rules and Regulations. The ap- (a) The licensee of a low power auxil- plication for certification must be ac- iary station may make any changes in companied by the proper fees as pre- the equipment that are deemed desir- scribed in part 1 of the Commission’s able or necessary, including replace- Rules and Regulations. ment with certificated equipment, (d) Low power auxiliary station without prior Commission approval: equipment authorized to be used pursu- Provided, The proposed changes will not ant to an application accepted for fil- depart from any of the terms of the ing prior to December 1, 1977 may con- station authorization or the Commis- tinue to be used by the licensee or its sion’s technical rules governing this successors or assignees: Provided, how- service: And provided further, That any ever, If operation of such equipment changes made to certificated transmit- causes harmful interference due to its ted equipment shall be in compliance failure to comply with the technical with the provisions of part 2 of the standards set forth in this subpart, the Commission’s rules and regulations Commission may, at its discretion, re- concerning modification of certificated quire the licensee to take such correc- equipment. tive action as is necessary to eliminate (b) Any equipment changes made pur- the interference. suant to paragraph (a) of this section (e) Each instrument of authority shall be set forth in the next applica- which permits operation of a low power tion for renewal of license. auxiliary station using equipment (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) which has not been certificated will specify the particular transmitting [42 FR 14729, Mar. 16, 1977, as amended at 43 FR 13576, Mar. 31, 1978; 63 FR 36605, July 7, equipment which the licensee is au- 1998] thorized to use. (f) All transmitters marketed for use EFFECTIVE DATE NOTE: At 63 FR 36605, July under this subpart shall be certificated 7, 1998, § 74.852 was amended by removing the term ‘‘type accepted’’ and inserting in its by the Federal Communications Com- place the term ‘‘certificated’’, effective Oct. mission for this purpose. (Refer to sub- 5, 1998. part I of part 2 of the Commission’s rules and regulations.) § 74.861 Technical requirements. (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) (a) Transmitter power is the power at [42 FR 14729, Mar. 16, 1977, as amended at 42 the transmitter output terminals and FR 43637, Aug. 22, 1977; 43 FR 13576, Mar. 31, delivered to the antenna, antenna 1978; 63 FR 36605, July 7, 1998] transmission line, or any other imped- ance-matched, radio frequency load. EFFECTIVE DATE NOTE: At 63 FR 36605, July 7, 1998, § 74.851 was amended by revising the For the purpose of this subpart, the section heading; by removing the terms transmitter power is the carrier power. ‘‘type accepted’’ and ‘‘type acceptance’’ and (b) Each authorization for a new low inserting in their place the terms ‘‘certifi- power auxiliary station shall require

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the use of certificated equipment. Such (5) The operating bandwidth shall not equipment shall be operated in accord- exceed 200 kHz. ance with the emission specifications (6) The mean power of emissions shall included in the certification grant and be attenuated below the mean output as prescribed in paragraphs (c) through power of the transmitter in accordance (e) of this section. with the following schedule: (c) Low power auxiliary transmitters (i) On any frequency removed from not required to operate on specific car- the operating frequency by more than rier frequencies shall operate suffi- 50 percent up to and including 100 per- ciently within the authorized fre- cent of the authorized bandwidth: at quency band edges to insure the emis- least 25 dB; sion bandwidth falls entirely within (ii) On any frequency removed from the authorized band. the operating frequency by more than (d) For low power auxiliary stations 100 percent up to and including 250 per- operating in the bands other than cent of the authorized bandwidth: at those allocated for TV broadcasting, least 35 dB; the following technical requirements (iii) On any frequency removed from are imposed. the operating frequency by more than (1) The maximum transmitter power 250 percent of the authorized band- which will be authorized is 1 watt. Li- width: at least 43+10log (mean output censees may accept the manufacturer’s 10 power in watts) dB. power rating; however, it is the licens- ee’s responsibility to observe specified (f) Unusual transmitting antennas or power limits. antenna elevations shall not be used to (2) If a low power auxiliary station deliberately extend the range of low employs amplitude modulation, modu- power auxiliary stations beyond the lation shall not exceed 100 percent on limited areas defined in § 74.831. positive or negative peaks. (g) Low power auxiliary stations (3) The occupied bandwidth shall not shall be operated so that no harmful be greater than that necessary for sat- interference is caused to any other isfactory transmission and, in any class of station operating in accord- event, an emission appearing on any ance with Commission’s rules and regu- discrete frequency outside the author- lations and with the Table of Fre- ized band shall be attenuated, at least, quency Allocations in part 2 thereof. 43+10 log10 (mean output power, in (h) In the event a station’s emissions watts) dB below the mean output outside its authorized frequency band power of the transmitting unit. causes harmful interference, the Com- (e) For low power auxiliary stations mission may, at its discretion, require operating in the bands allocated for TV the licensee to take such further steps broadcasting, the following technical as may be necessary to eliminate the requirements apply: interference. (1) The power of the measured unmodulated carrier power at the out- (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) put of the transmitter power amplifier [43 FR 13576, Mar. 31, 1978, as amended at 52 (antenna input power) may not exceed FR 2535, Jan. 23, 1987; 63 FR 36605, July 7, the following: 1998] (i) 54–72, 76–88, and 174–216 MHz EFFECTIVE DATE NOTE: At 63 FR 36605, July bands—50 mW 7, 1998, in § 74.861, paragraph (b) was amended (ii) 470–608 and 614–806 MHz bands—250 by removing the terms ‘‘type accepted’’ and mW ‘‘type acceptance’’ and inserting in their (2) Transmitters may be either crys- place the terms ‘‘certificated’’ and ‘‘certifi- tal controlled or frequency syn- cation’’, respectively, effective Oct. 5, 1998. thesized. (3) Any form of modulation may be § 74.882 Station identification. used. A maximum deviation of ±75 kHz Call signs will not be assigned to low is permitted when frequency modula- power auxiliary stations. In lieu there- tion is employed. of, for transmitters used for voice (4) The frequency tolerance of the transmissions and having a transmit- transmitter shall be 0.005 percent. ter output power exceeding 50 mW, an

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announcement shall be made at the be- not visible but where suitable control ginning and end of each period of oper- and telemetering circuits are provided ation at a single location, over the which allow the performance of the es- transmitting unit being operated, iden- sential functions that could be per- tifying the transmitting unit designa- formed at the transmitter. tor, its location, and the call sign of Studio to transmitter link (STL). A di- the broadcasting station or name of rectional path used to transmit a sig- the licensee with which it is being nal from a station’s studio to its trans- used. A period of operation may consist mitter. of a continuous transmission or inter- Subsidiary channel: A subsidiary mittent transmissions pertaining to a channel is any portion of an authorized single event. channel not used for main channel [42 FR 14729, Mar. 16, 1977] transmissions. Temporary fixed ITFS station. An ITFS Subpart I—Instructional Television station used for the transmission of material from temporary unspecified Fixed Service points to an ITFS station. Unattended operation. Operation of a SOURCE: 28 FR 13731, Dec. 14, 1963, unless station by automatic means whereby otherwise noted. the transmitter is turned on and off and performs its functions without at- § 74.901 Definitions. tention by a designated person. Attended operation. Operation of a station by a designated person on duty [28 FR 13731, Dec. 14, 1963, as amended at 35 at the place where the transmitting ap- FR 4705, Mar. 18, 1970; 48 FR 33901, July 26, paratus is located with the transmitter 1983; 49 FR 32596, Aug. 15, 1984; 55 FR 46013, Oct. 31, 1990; 60 FR 55483, Nov. 1, 1995] in the person’s plain view. Equivalent Isotropically Radiated § 74.902 Frequency assignments. Power (EIRP). The product of the power supplied to the antenna and the an- (a) The following frequencies may be tenna gain in a given direction relative assigned to instructional television to an isotropic antenna radiator. This fixed stations: product may be expressed in watts or Band limits dB above 1 watt (dBW). Channel No. MHz Instructional television fixed station. A fixed station operated by an edu- GROUP A cational organization and used pri- A±1 ...... 2500±2506 marily for the transmission of visual A±2 ...... 2512±2518 and aural instructional, cultural, and A±3 ...... 2524±2530 other types of educational material to A±4 ...... 2536±2542 one or more fixed receiving locations. ITFS response station. A fixed station GROUP B operated at an authorized location to B±1 ...... 2506±2512 provide communication by voice and/or B±2 ...... 2518±2524 data signals to an associated instruc- B±3 ...... 2530±2536 tional television fixed station. B±4 ...... 2542±2548 Main channel: The main channel is that portion of each authorized chan- GROUP C nel used for the transmission of visual C±1 ...... 2548±2554 and aural information as set forth in C±2 ...... 2560±2566 § 73.682 of this Chapter and § 74.938 of C±3 ...... 2572±2578 this subpart. C±4 ...... 2584±2590 Point-to-point ITFS station. An ITFS station that transmits a highly direc- GROUP D tional signal from a fixed transmitter D±1 ...... 2554±2560 location to a fixed receive location. D±2 ...... 2566±2572 Remote control. Operation of a station D±3 ...... 2578±2584 by a designated person at a control po- D±4 ...... 2590±2596 sition from which the transmitter is

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or less from the ITFS transmitter. Ap- Channel No. Band limits MHz plicants shall not apply for more chan-

GROUP E nels than they intend to construct within a reasonable time, simply for E±1 ...... 2596±2602 the purpose of reserving additional E±2 ...... 2608±2614 channels. The number of channels au- E±3 ...... 2620±2626 E±4 ...... 2632±2638 thorized to an applicant will be based on the demonstration of need for the GROUP F number of channels requested. The Commission will take into consider- F±1 ...... 2602±2608 F±2 ...... 2614±2620 ation such factors as the amount of use F±3 ...... 2626±2632 of any currently assigned channels and F±4 ...... 2638±2644 the amount of proposed use of each channel requested, the amount of, and GROUP G justification for, any repetition in the G±1 ...... 2644±2650 schedules, and the overall demand and G±2 ...... 2656±2662 availability of ITFS channels in the G±3 ...... 2668±2674 community. For those applicant orga- G±4 ...... 2680±2686 nizations formed for the purpose of serving accredited institutional or gov- (b) Instructional Television Fixed ernmental organizations, evaluation of Stations authorized to operate on the need will only consider service to Channels 2650–2656, 2662–2668, and 2674– those specified receive sites which sub- 2680 MHz as of July 16, 1971, may con- mitted supporting documentation pur- tinue to operate on a coequal basis suant to § 74.932(a)(4). with other stations operating in ac- cordance with the Table of Frequency (2) An applicant leasing excess capac- Allocations. Requests for subsequent ity and proposing a schedule which renewals or modification of existing li- complies in all respects with the re- censes will be considered; however, ex- quirements of Section 74.931(e) will pansion of systems comprised of such have presumptively demonstrated stations will not be permitted except need, in accordance with paragraph on frequencies allocated for the serv- (d)(1) of this section, for no more than ice. four channels, all part of the same (c) Channels 2596–2602, 2602–2608, 2608– Group listed in paragraph (a) of this 2614, 2614–2620, 2620–2626, 2626–2632, 2632– section. This presumption is rebuttable 2638, and 2638–2644 MHz and the cor- by demonstrating that the application responding response channels listed in does not propose to comport with our § 74.939(d) are shared with the educational programming require- Multipoint Distribution Service. No ments, that is, to transmit some for- new Instructional Television Fixed mal educational programming, as de- Service applications for these channels fined in Section 74.931(a), and to trans- filed after May 25, 1983 will be accepted. mit the requisite minimum program- In those areas where Multipoint Dis- ming of Section 74.931(e) for genuinely tribution Service use of these channels educational purposes and to receive is allowed pursuant to § 21.902, Instruc- sites when students are there. tional Television Fixed Service users of (e) The same channel may be as- these channels will continue to be af- signed to more than one station or forded protection from harmful co- more than one licensee in the same channel and adjacent channel inter- area if the geometric arrangement of ference from Multipoint Distribution the transmitting and receiving points Service stations. or the times of operation are such that (d)(1) A licensee is limited to the as- interference is not likely to occur. signment of no more than four chan- (f) A temporary fixed ITFS station nels for use in a single area of oper- may use any available ITFS channel on ation, all of which should be selected a secondary basis. Operation of sta- from the same Group listed in para- tions located within 56.3 km (35 miles) graph (a) of this section. An area of op- of Canada shall be limited by eration is defined as the area 20 miles § 74.24(h)(3).

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(g) Where adjacent channel operation projected incremental increase in elec- is proposed in any area, the preferred tricity or maintenance expenses, or re- location of the proposed station’s location expenses, as relevant in each transmitting antenna is at the site of case. the adjacent channel transmitting an- (j) The ITFS party to be moved will tenna. If this is not practicable, the ad- have a 60-day period in which to oppose jacent channel transmitting antennas the involuntary migration. The ITFS should be located as close as reason- party should state its opposition to the ably possible. migration with specificity, including (h) On the E and F-channel fre- engineering and other challenges, and a quencies, a point-to-point ITFS station comparison of the present site and the may be involuntarily displaced by an proposed new site. If involuntary mi- MDS applicant, conditional licensee or gration is granted, the new facilities licensee, provided that suitable alter- must be operational before the initiat- native spectrum is available and that ing party will be permitted to begin its the MDS entity bears the expenses of new or modified operations. The migra- the migration. Suitability of spectrum tion must not disrupt the ITFS licens- will be determined on a case-by-base ee’s provision of service, and the ITFS basis; at a minimum, the alternative licensee has the right to inspect the spectrum must be licensable by ITFS construction or installation work. operators on a primary basis (although [29 FR 7023, May 28, 1964, as amended at 31 it need not be specifically allocated to FR 10743, Aug. 12, 1966; 36 FR 11587, June 16, the ITFS service), and must provide a 1971; 48 FR 33901, July 26, 1983; 49 FR 32596, signal that is equivalent to the prior Aug. 15, 1984; 50 FR 26758, June 28, 1985; 55 FR signal in picture quality and reliabil- 46013, Oct. 31, 1990; 56 FR 57819, Nov. 14, 1991; ity, unless the ITFS licensee will ac- 58 FR 44951, Aug. 25, 1993; 59 FR 35636, July cept an inferior signal. Potential ex- 13, 1994; 60 FR 20246, Apr. 25, 1995] pansion of the ITFS licensee may be considered in determining whether al- § 74.903 Interference. ternative available spectrum is suit- (a) Since interference in this service able. will occur only when an unfavorable (i) If suitable alternative spectrum is desired-to-undesired signal ratio exists located pursuant to paragraph (h) of at the antenna input terminals of the this section, the initiating party must affected receiver, the directive prop- prepare and file the appropriate appli- erties of receiving antennas can be cation for the new spectrum, and must used to minimize the hazard of such in- simultaneously serve a copy of the ap- terference. Interference may also be plication on the ITFS licensee to be controlled through the use of directive moved. The initiating party will be re- transmitting antennas, geometric ar- sponsible for all costs connected with rangement of transmitters and receiv- the migration, including purchasing, ers, and the use of the minimum power testing and installing new equipment, required to provide the needed service. labor costs, reconfiguration of existing Harmful interference will be considered equipment, administrative costs, legal present when the reference receiving and engineering expenses necessary to antenna is oriented to receive the max- prepare and file the migration applica- imum desired signal, and a free space tion, and other reasonable documented calculation determines that the de- costs. The initiating party must secure sired-to-undesired signal ratio is less a bond or establish an escrow account than the value specified for the respec- to cover reasonable incremental in- tive channel under consideration. crease in ongoing expenses that may (1) Cochannel interference is defined fall upon the migrated licensee. The as the ratio of the desired signal to the bond or escrow account should also ac- undesired signal, at the antenna input count for the possibility that the initi- terminals of the affected receiver, ating party subsequently becomes when the ratio is less than 45 dB. bankrupt. If it becomes necessary for (2) Adjacent channel interference is the Commission to assess the suffi- defined as the ratio of the desired sig- ciency of a bond or escrow amount, it nal to undesired signal present in an will take into account such factors as adjacent channel, at the output of a

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reference receiving antenna oriented to application will be considered receive the maximum desired signal grantable with the condition that the level. Harmful interference will be con- applicant bears all costs of upgrading sidered present when a free space cal- the existing licensee’s reception equip- culation determines that this ratio is ment at that site(s). Such a showing less than 0 dB. In the alternative, should include interference calcula- harmful interference will be considered tions for both the existing or reference present for an Instructional Television antenna and the proposed antenna. The Fixed Service (ITFS) station con- manufacturer, model number(s), co- structed before May 26, 1983, when a polar and cross-polar gain patterns of free space calculation determines that the replacement antenna should be this ratio is less than 10 dB, unless the supplied as well as an accurate assess- individual receive site under consider- ment of the expected reimbursement ation has been subsequently upgraded costs. with up-to-date reception equipment, (5) No receive site more than 35 miles in which case the ratio shall be less from the transmitter shall be entitled than 0 dB, or unless the license for an ITFS station is conditioned on the to interference protection. proffer to the affected ITFS station li- (b) All applicants for instructional censee of equipment capable of provid- television fixed stations are expected ing a ratio of 0 dB or more at no ex- to take full advantage of such directive pense to the affected ITFS station li- antenna techniques to prevent inter- censee, and also conditioned, if nec- ference to the reception of any existing essary, on installation of such equip- operational fixed, multichannel ment, absent a showing by the affected multipoint distribution, international ITFS station licensee demonstrating control or instructional television good cause and that the proposed fixed station at authorized receiving equipment will not provide a ratio of 0 locations. Therefore, all applications dB or more or that installation of such for new or major changes must include equipment, at no expense to the ITFS an analysis of potential interference to station licensee, is not possible. Absent all existing and previously proposed information presented to the contrary, stations in accordance with § 74.903(a). the Commission will assume that re- An applicant for a new instructional ception equipment installation oc- television fixed station or for changes curred simultaneously with original in an existing ITFS facility for a con- station equipment. struction permit must include the fol- (3) For purposes of this section, all lowing technical information with the interference calculations involving re- application: ceive antenna performance shall use (1) An analysis of the potential for the reference antenna characteristics harmful cochannel interference with shown in Figure 1, of § 74.937(a) or, in any authorized or previously proposed the alternative, utilize the actual pat- station if: tern characteristics of the antenna in (i) The proposed transmitting an- use at the receive site under study. If tenna has an unobstructed electrical the actual receive antenna pattern is utilized, the applicant must submit path to receive sites(s) of any other complete details including manufac- station(s) that utilize(s), or would uti- turer, model number(s), co-polar and lize, the same frequency, or cross-polar gain patterns, and other (ii) The proposed transmitter is with- pertinent data. in 80.5 km (50 miles) of the coordinates (4) If an application can demonstrate of any such station. that the installation of a receiving an- (2) An analysis of the potential for tenna at an existing licensee’s site harmful adjacent channel interference with characteristics superior to those with any authorized or previously pro- of the standard antenna (or, alter- posed station(s) if the proposed trans- natively, the appropriate existing an- mitter is within 80.5 km (50 miles) of tenna in use at the site) will permit the the coordinates of any other station(s) applicant to provide service without in- that utilize(s), or would utilize, an ad- terference to the existing licensee, the jacent channel frequency.

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(3) An analysis concerning possible cation. Such protection shall be ap- adverse impact upon Mexican and Ca- plied solely with regard to applications nadian communications if the station’s filed subsequent to the request for a transmitting antenna is to be located protected service area. within 80.5 km (50 miles) of the border. (f) With respect to protected service (4) In lieu of the interference analy- area proposals, two applications will be ses required by paragraphs (b)(1) and regarded as mutually exclusive if they (b)(2) of this Section for any authorized are: or previously proposed station(s), an (1) Submitted during the same filing applicant may submit a statement(s) window; from the affected ITFS licensee(s) or (2) Otherwise grantable; permittee(s) that any resulting inter- (3) Mutually exclusive only because ference is acceptable. either or both applicants request a pro- (5) An analysis of the potential for tected service area. However, if an ap- harmful interference within the pro- plicant in such a situation shows that tected service area, as defined in para- the resulting interference would occur graph (d) of this section, of any author- solely over water, the applications will ized or previously proposed station(s) not be considered to be mutually exclu- described in paragraph (d) of this sec- sive. tion. (c) Existing licensees and prospective [28 FR 13731, Dec. 14, 1963, as amended at 50 applicants are expected to cooperate FR 26758, June 28, 1985; 51 FR 9799, Mar. 21, 1986; 55 FR 46013, Oct. 31, 1990; 56 FR 57600, fully in attempting to resolve problems Nov. 13, 1991; 58 FR 44951, Aug. 25, 1993; 60 FR of potential interference before bring- 20246, Apr. 25, 1995; 60 FR 57368, Nov. 15, 1995] ing the matter to the attention of the Commission. § 74.910 Part 73 application require- (d) Each authorized or previously- ments pertaining to ITFS stations. proposed applicant, construction per- The following rules are applicable to mittee, or licensee who proposes to ITFS stations. lease excess capacity to a ‘‘wireless Sec. cable’’ operator pursuant to 73.3500 Application and report forms. § 74.931(e)(2) must be protected from 73.3511 Applications required. harmful electrical interference for the 73.3512 Where to file; number of copies. hours of such transmissions within a 73.3513 Signing in applications. protected service area as defined at 73.3514 Content of applications. § 21.902(d) of this chapter. Alter- 73.3517 Contingent applications. natively, an applicant, permittee, or li- 73.3519 Repetitious applications. censee may select a 56.33 km (35 mile) 73.3522(a) Amendment of applications. circular protected area centered at the 73.3533 Application for construction permit geographic latitude and longitude of or modification of construction permit. the transmitting antenna site. Appli- 73.3534 Application for extension of con- cants are expected to cooperate fully struction permit or for construction per- mit to replace expired construction per- and in good faith with an authorized or mit. previously-proposed applicant, con- 73.3536 Application for license to cover con- struction permittee, or licensee who struction permit. leases or proposes to lease excess ca- 73.3542 Application for temporary or emer- pacity to a ‘‘wireless cable’’ operator gency authorization. pursuant to § 74.931(e)(2), in attempting 73.3561 Staff consideration of applications to resolve problems of potential inter- requiring Commission action. ference to such operations before bring- 73.3562 Staff consideration of applications ing the matter to the attention of the not requiring action by the Commission. Commission. 73.3597(c)(2) Procedures on transfer and as- signment applications. (e) Each ITSF applicant, permittee, 73.3566 Defective applications. or licensee who wishes to claim the 73.3568 Dismissal of applications. protection described at paragraph (d) of 73.3587 Procedure for filing objections. this section must request such protec- 73.3598 Period of construction. tion in writing in its initial application 73.3599 Forfeiture of construction permit. for a new station, in an application 73.5000–73.5006 Competitive Bidding Proce- amendment, or by modification appli- dures.

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The applicability of other rules in summation, the application is amended part 73, where appropriate, is not pre- to reflect the new ownership. cluded by this section. (c)(1)(i) The FCC will specify by Pub- [50 FR 26759, June 28, 1985, as amended at 60 lic Notice, pursuant to § 73.5002, a pe- FR 20247, Apr. 25, 1995; 63 FR 48632, Sept. 11, riod for filing ITFS applications for a 1998] new station or for major modifications EFFECTIVE DATE NOTE: At 63 FR 48632, in the facilities of an authorized sta- Sept. 11, 1998, § 74.910 was amended by adding tion. (ii) Such ITFS applicants shall be the entries ‘‘73.3522(a)’’ and ‘‘73.5000–73.5006’’, subject to the provisions of §§ 1.2105 and effective Nov. 10, 1998. the ITFS competitive bidding proce- dures. See 47 CFR 73.5000 et seq. § 74.911 Processing of ITFS station ap- plications. (2) [Reserved] (d) Those applications, other than (a) Application for ITFS stations are mutually exclusive applications, which divided into two groups: upon examination meet other pertinent (1) In the first group are applications requirements and would serve the pub- for new stations or major changes in lic interest, convenience and necessity the facilities of authorized stations. These applications are subject to the will be granted. Mutually exclusive ap- provisions of paragraph (c) of this sec- plications will be processed pursuant to tion. A major change for an ITFS sta- the provisions in § 74.913. tion will be any proposal to add new [50 FR 26759, June 28, 1985, as amended at 55 channels, change from one channel (or FR 46013, Oct. 31, 1990; 60 FR 20247, Apr. 25, channel group) to another, change po- 1995; 63 FR 48632, Sept. 11, 1998] larization, increase the EIRP in any di- EFFECTIVE DATE NOTE: At 63 FR 48632, rection by more than 1.5dB, increase Sept. 11, 1998, § 74.911 was amended by revis- the transmitting antenna height by 25 ing paragraph (c) and removing paragraph feet or more, or relocate a facility’s (d), effective Nov. 10, 1998. For the conven- transmitter site by 10 miles or more. ience of the user, the superseded text is set However, the Commission may, within forth as follows: 15 days after the acceptance of an ap- plication, or 15 days after the accept- § 74.911 Processing of ITFS station applica- tions. ance of any other application for modi- fication of facilities, advise the appli- cant that such application is consid- * * * * * ered to be one for a major change, and (c)(1) New and major change applications subject to the provisions of paragraph for ITFS stations will be accepted only on (c) of this section. dates specified by the Commission. Filing pe- (2) The second group consists of ap- riods will be designated by the Commission plications for licenses and all other in a Public Notice, to be released not fewer changes in the facilities of authorized than 60 days before the commencement of stations. the filing period. Qualified parties will have (b) A new file number will be as- no fewer than 5 business days within which to submit their applications. After termi- signed to an application for a new sta- nation of the filing period, the Commission tion or for major changes in the facili- shall release a Public Notice with a list of ties of an authorized station, when it is applications filed in the window and provide amended so as to effect a major no fewer than 30 days for the submission of change, as defined in paragraph (a)(1) petitions to deny. Uncontested applications of this Section, or result in a situation that are not mutually exclusive with any where the original party or parties to other application or licensed facility, and the application do not retain control of are found to be acceptable, shall be granted. the applicant as originally filed. An ap- Mutually exclusive applications shall be plication for change in the facilities of evaluated pursuant to the comparative selec- tion process set forth in § 74.913 as herein any existing station will continue to amended. carry the same file number even (2) The requirements of this section apply though (pursuant to Commission ap- to a wireless cable entity requesting to be li- proval) an assignment of license or censed on ITFS frequency pursuant to transfer of control of such licensee or § 74.990. The application of such a wireless permittee has taken place if, upon con- cable entity shall be included in the Public

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Notice released after the termination of the is found and the Bureau is unable to filing period. find that the public interest, conven- ience and necessity will be served by * * * * * granting the application of the ten- tative selectee pursuant to the point § 74.912 Petitions to deny. system, its application will be des- (a) Any party in interest may file ignated for hearing pursuant to section with the Commission a petition to 309 of the Communications Act of 1934, deny any application for new facilities as amended. Petitions for reconsider- or major changes in the facilities of au- ation, motions to stay, or applications thorized stations, provided such peti- for review may be submitted at the tions are filed by the date established time the Bureau grants or denies the pursuant to the cut-off provisions of application of the tentative selectee § 74.911(c). In the case of all other appli- pursuant to the filing periods specified cations, except those excluded under in § 1.45 of this chapter. section 309(c) of the Communications [50 FR 26759, June 28, 1985] Act of 1934, as amended, petitions to deny must be filed not later than 30 EFFECTIVE DATE NOTE: At 63 FR 48632, Sept. 11, 1998, § 74.912 was removed, effective days after issuance of a public notice of Nov. 10, 1998. the acceptance for filing of the applica- tions. In the case of applications for re- § 74.913 Selection procedure for mutu- newal of license, petitions to deny may ally exclusive ITFS applications. be filed after the issuance of a public (a) If timely filed ITFS applications notice of acceptance for filing of the are determined to be mutually exclu- applications and up until the first day sive, such applications will be proc- of the last full calendar month of the essed and assessed points to determine expiring license term. the tentative selectee for the particu- (b) The applicant file an opposition lar channels. The tentative selectee to any petition to deny, and the peti- will be the applicant with the highest tioner a reply to such opposition in point total under the procedure set which allegations of fact or denials forth in this section, unless the provi- thereof shall be supported by affidavit sions of paragraph (c) of this section of a person or persons with personal apply, and will be awarded the re- knowledge thereof. The times for filing quested channels if the Commission such oppositions and replies shall be concludes that such an award will those provided in § 1.45 of this chapter. serve the public interest, convenience (c) Only petitions to deny filed and necessity. against a tentative selectee (§ 74.913) (b) Each application will be awarded will be considered. If the petition does a predetermined number of points not present substantial and material under the criteria listed: questions of fact warranting a hearing, (1) Four points for applicants that the petition will be denied and the ten- are ‘‘local,’’ as defined in § 74.932, n.1. tative selectee will be granted a license (2) Three points for accredited where, upon examination, the Mass schools, or their governing bodies ap- Media Bureau finds that other perti- plying within their jurisdiction; nent requirements have been met and (3) Two points for applicants whose the public interest, convenience and request, if granted, would result in the necessity would be served. Where nec- acquisition of four or fewer ITFS chan- essary, the points of the application nels by that applicant within the par- will be modified to comport with any ticular area; findings made as a result of the review. (4) One point for a proposed weekly In the event that the tentative select- schedule of twenty-one or more aver- ee’s application is denied or its point age hours per channel per week of for- total reduced, the point system process mal educational programming will be repeated, where necessary, to (§ 74.931(a)), or of forty-one or more av- determine the tentative selectee or ap- erage hours per channel per week of plicants qualifying for the random tie- other ITFS programming; two points breaker. If, upon examination, a sub- for forty-one or more average hours per stantial and material question of fact channel per week of formal education

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programming, or for sixty-one or more mission will withhold further compara- hours per channel per week of ITFS tive processing upon such notification. programming where at least twenty- (1) Enrollment will be considered as one of those hours are formal edu- of the last date of the filing window cational programming; during which the applications were (5) One point for an existing E or F filed, as provided by § 74.911(c). Enroll- channel licensee seeking to relocate ment figures should be the latest avail- and showing an established need for an able from a regular term or session expanded service that cannot be ac- prior to that filing date, and must be commodated on its grandfathered E or taken from a statement or submission F facilities. The applicant must submit of data made by the subject school for a specific request and adequate sup- some other official purpose or function, porting documentation. such as a mid-year or year-end fiscal (c) If the best qualified (highest scor- report, or a budget proposal, and they ing) two or more applicants have the must represent actual, not projected, same point accumulation, they will be student population. Each applicant given thirty days from the date of re- must identify the source(s) from which lease of such decision to notify the its submitted enrollment figures are Commission of any agreement to divide drawn. the use of the channels. If no agree- (2) All full- and part-time students ment is reached and advanced to the formally enrolled in classes for credit Commission within that time, the ten- toward an academic degree or diploma, tative selectee will then be determined or a legally required certification or li- through a tie-breaker mechanism. cense, at any school, campus, or other (d) The tie-breaker will operate as locations listed in the application as a follows: each of the tied applicants will receive site may be counted, except if be directed to submit to the Commis- an applicant’s system would serve only sion a statement of the number of stu- students in a particular discipline (or dents at its proposed receive locations disciplines) or at a particular grade who are formally enrolled in classes for level (or levels), only students in class- credit toward an academic degree or di- es and programs within that dis- ploma, or a legally required certifi- cipline(s) or grade level(s) may be cation or license. It must also dem- counted. onstrate that this claim of students (3) For off-campus sites, only stu- who would benefit from the proposed dents who can be shown to be recipi- system is supported by the educational ents of formal ITFS educational mate- programs proposed in its application. rial may be counted. Each applicant will serve it submis- (4) Applicants serving students other sion(s) on the other tied competing ap- than their own count only students at plicant(s), who will have an oppor- schools, campuses, and other receive tunity to respond to any aspect of the sites which have submitted a letter in- enrollment submissions. If any appli- dicating their intention to use the pro- cant’s system would reach less than posed service. The validity of such ex- 80% as many students as another appli- pressions of intention will be judged cant’s would reach, the application pursuant to § 74.932 of these rules. If which would result in service to the several schools from the same school fewer number of students will be de- system are listed as receive sites, a sin- nied. The application(s) of any remain- gle letter from an appropriate person ing applicant(s) will be granted. If representing the school board or sys- more than one application is to be tem will be sufficient to demonstrate granted under this procedure, the chan- the intention to use the proposed serv- nels or channel capacity will be divided ice at each of these receive sites if each evenly among the remaining appli- receive site’s participation is specifi- cants. At any time during this process, cally acknowledged. the applicants may advise the Commis- (5) A receive site not receiving inter- sion that they are negotiating or have ference protection may not be utilized reached settlement for disposition of by an applicant for tie-breaking pur- the contested facilities, and the Com- poses.

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NOTE 1: Entities entitled to the accredita- ting other visual and aural edu- tion points will include umbrella organiza- cational, instructional and cultural tions whose membership is composed of enti- material to selected receiving loca- ties which are individually eligible for the tions, including in-service training and points. Also, a state’s department of edu- cation (or equivalent agency) would qualify, instruction in special skills and safety as well as any directly controlled arm of programs, extension of professional that department if its specific duties include training, informing persons and groups that department’s educational function. engaged in professional and technical NOTE 2: Average hours per channel per activities of current developments in week are determined by totaling the number their particular fields, and other simi- of scheduled hours per week of programming lar endeavors. between 8:00 a.m and 10:00 p.m. Monday (c) During periods when the circuits through Saturday in the subject category, and dividing that total by the number of provided by these stations are not channels. being used for the transmission of in- NOTE 3: Paragraph (b)(3) of this section structional and cultural material, they does not apply to applications for modifica- may be used for the transmission of tion of facilities other than the addition of material directly related to the admin- channels. istrative activities of the licensee such NOTE 4: For applications pending as of Au- as the holding of conferences with per- gust 14, 1989, the enrollment which will be sonnel, distribution of reports and as- counted will be the most recent available up signments, exchange of data and statis- to August 22, 1989, for which receive sites are on file by that date. tics, and other similar uses. Stations will not be licensed in this service sole- [50 FR 26759, June 28, 1985, as amended at 51 ly for the transmission of administra- FR 9800, Mar. 21, 1986; 51 FR 39536, Oct. 29, tive traffic. 1986; 54 FR 29039, July 11, 1989; 60 FR 20247, (d) Stations may be licensed in this Apr. 25, 1995] service as originating or relay stations EFFECTIVE DATE NOTE: At 63 FR 48632, to interconnect instructional tele- Sept. 11, 1998, § 74.913 was removed, effective vision fixed stations in adjacent areas, Nov. 10, 1998. to deliver instructional and cultural material to, and obtain such material § 74.931 Purpose and permissible serv- from, commercial and noncommercial ice. educational television broadcast sta- (a)(1) Instructional television fixed tions for use on the instructional tele- stations are intended primarily to pro- vision fixed system, and to deliver in- vide a formal educational and cultural structional and cultural material to, development in aural and visual form, and obtain such material from, nearby to students enrolled in accredited pub- terminals or connection points of lic and private schools, colleges and closed circuit educational television universities. Authorized instructional systems employing wired distribution television fixed station channels must systems or radio facilities authorized be used to transmit formal educational under other parts of this chapter, or to programming offered for credit to en- deliver instructional and cultural ma- rolled students of accredited schools, terial to any CATV system serving a with limited exceptions as set forth in receiving site or sites which would be paragraph (e)(9) of this section and eligible for direct reception of ITFS Secs. 74.990 through 74.992. signals under the provisions of para- (2) All applicants that do not list ac- graphs (a) and (b) of this section. credited schools as receive sites must (e) A licensee may use excess capac- name the school(s) and the degree(s) or ity on each channel to transmit mate- diploma(s) for which the formal pro- rial other than the ITFS subject mat- gramming will be offered and describe ter specified in paragraphs (a), (b), (c), the administration of the course(s). and (d) of this section subject to the They must submit documentation, following conditions: written or signed by the authorities re- (1) If the time or capacity leased is sponsible for the schools’ curricula, not to be used for ‘‘wireless cable’’ op- verifying each of these points. erations, the licensee must preserve at (b) Such stations may also be used least 40 hours per week, including at for the additional purpose of transmit- least 6 hours per weekday (Monday

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through Friday), excluding holidays mission of material to be used by oth- and vacation days, for ITFS purposes ers. on that channel. The 40-hour preserva- (6) When an ITFS licensee makes ca- tion may consist of airtime strictly re- pacity available on a common carrier served for ITFS use and not used for basis, it will be subject to common car- non-ITFS programming, or of time rier regulation. A licensee operating as used for non-ITFS programming but a common carrier is required to apply subject to ready recapture by the li- for the appropriate authorization and censee for ITFS use with no economic to comply with all policies and rules or operational detriment of the li- applicable to that service. Responsibil- censee. At least 20 hours per week of ity for making the initial determina- the preserved time on each channel tion of whether a particular activity is must be used for ITFS programming, common carriage rests with the ITFS including at least 3 hours per weekday, licensee. Initial determinations by the excluding holidays and vacation days, licensees are subject to Commission ex- except as provided in paragraph (e)(3) amination and may be reviewed at the of this section. Only ITFS program- Commission’s discretion. ming and preserved airtime scheduled (7) An ITFS applicant, permittee, or between 8 a.m. and 10 p.m. Monday licensee may use an omnidirectional through Saturday, will qualify to meet antenna to facilitate the leasing of ex- these requirements. cess capacity to ‘‘wireless cable’’ oper- (2) If the time or capacity leased is to ators. be used for ‘‘wireless cable’’ operations, (8) Leasing activity may not cause before leasing excess capacity on any unacceptable interference to cochannel one channel, the licensee must provide and adjacent-channel operations. at least 20 hours per week of ITFS pro- gramming on that channel, except as (9) A licensee may shift its requisite provided in paragraph (e)(3) of this sec- ITFS programming onto fewer than its tion. All hours not used for ITFS pro- authorized number of channels, via gramming may be leased to a ‘‘wireless channel mapping technology or chan- cable’’ operator. An additional 20 hours nel loading, so that it can lease full- per week per channel must be reserved time channel capacity to a wireless for recapture by the ITFS licensee for cable operator, subject to the condition its ITFS programming, subject to one that it provide a total average of at year’s advance, written notification by least 20 hours per channel per week of the ITFS licensee to its ‘‘wireless ITFS programming on its authorized cable’’ lessee. These hours of recapture channels. The licensee also retains the are not restricted as to time of day or unabridgeable right to recapture, sub- day of the week, but may be estab- ject to six months’ written notification lished by negotiations between the to the wireless cable operator, an aver- ITFS licensee and the ‘‘wireless cable’’ age of an additional 20 hours per chan- lessee. nel per week for simultaneous pro- (3) For the first two years of oper- gramming on the number of channels ation, an ITFS entity may lease excess for which it is authorized. The licensee capacity if it provides ITSF program- may agree to the transmission of this ming at least 12 hours per channel per recapture time on channels not author- week, including up to four hours of ized to it, but which are included in the ITFS usage per day. wireless system of which it is a part. (4) The licensee may schedule the (f) Material transmitted by these sta- ITFS programming and use automatic tions may be intended for simultaneous channel switching equipment so as to reception and display or may be re- employ channel mapping technology to corded by authorized users for use at lease to a ‘‘wireless cable’’ operator. another time. However, an ITFS applicant should re- (g) On a secondary basis, an ITFS quest only as many channel as it needs station may be operated as a tem- to fulfill its educational requirements. porary fixed station from temporary (5) All of the capacity available on unspecified points to an ITFS station any subsidiary channel of any author- under the provisions of paragraph (a), ized channel may be used for the trans- (b), (d) or (e) of this section.

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(h) Except as specified in paragraphs service area for this purpose, and, with- (i) and (j) of this section, no licensee of in 32 km (20 miles) of the cable tele- a station in this service may lease vision franchise area or service area, transmission time or capacity to any no more ITFS excess capacity than the cable television company either di- equivalent of one MDS channel may be rectly or indirectly through an affiliate used by a cable television company or owned, operated, controlled by, or affiliate pursuant to this paragraph. under common control with the cable The licensee for a cable operator pro- television company, if the ITFS main viding local programming pursuant to is within 32 km (20 a lease must include in a notice filed miles) of the cable television compa- with the Mass Media Bureau a cover ny’s franchise area or service area, and letter explicitly identifying its lessee if the cable television company is the as a local cable operator or affiliate sole provider of cable television service and stating that the lease was executed in the franchise area. to facilitate the provision of local pro- (i)(1) A cable television company gramming. The first lease notification shall be exempt from the provisions of for an MDS or ITFS channel in an area paragraph (h) of this section if its fran- filed with the Commission will be enti- chise area contains none of the follow- tled to the exemption. The limitations ing: on the equivalent of one MDS channel (i) Any incorporated place of 2,500 in- per party and per area include any habitants or more, or any part thereof; cable/ITFS operations grandfathered (ii) Any unincorporated place of 2,500 pursuant to paragraph (k) of this sec- inhabitants or more, or any part there- tion or any cable/MDS operations of; or grandfathered pursuant to § 21.912(f) of (iii) Any other territory, incor- this chapter. Local programming serv- porated or unincorporated, included in ice pursuant to a lease must be pro- an urbanized area. vided within one year of the date of the (2) All population statistics and defi- lease or one year of the grant of the li- nitions used in qualifying for this ex- censee’s application for the leased emption shall be the most recent avail- channel(s), whichever is later. able from the U.S. Department of Com- (k) Lease arrangements between merce, Bureau of the Census. In no cable and ITFS entities for which a event shall any statistics resulting lease or a firm agreement was signed from censuses prior to 1980 be used. The prior to February 8, 1990, will not be Census Bureau has defined some incor- subject to the prohibitions of para- porated places of 2,500 inhabitants or graph (h) of this section. Leases be- more as ‘‘extended cities.’’ Such cities tween cable television entities and consist of an urban part and rural part. ITFS entities executed on February 8, 1990, or thereafter, are invalid. (3) If the cable operator’s franchise area includes a rural part of an ex- [28 FR 13731, Dec. 14, 1963, as amended at 33 tended city, but includes no other ter- FR 15424, Oct. 17, 1968; 48 FR 33901, July 26, ritory described in this paragraph, an 1983; 49 FR 27151, July 2, 1984; 49 FR 32596, exemption shall apply. Aug. 15, 1984; 50 FR 26760, June 28, 1985; 51 FR 9800, Mar. 21, 1986; 55 FR 46013, Oct. 31, 1990; (j) The provisions of paragraph (h) of 56 FR 57600, Nov. 13, 1991; 56 FR 57819, Nov. 14, this section will not apply to ITFS ex- 1991; 56 FR 65191, Dec. 16, 1991; 58 FR 34378, cess capacity leased directly or indi- June 25, 1993; 58 FR 44951, Aug. 25, 1993; 59 FR rectly to cable operators or affiliates 35636, July 13, 1994] to provide locally-produced program- ming to cable headends. Locally-pro- § 74.932 Eligibility and licensing re- duced programming is programming quirements. produced in or near the cable opera- (a) With certain limited exceptions tor’s franchise area and not broadcast set forth in §§ 74.990 through 74.992 of on a television station available within this part, a license for an instructional that franchise area. A cable operator or television fixed station will be issued affiliate will be permitted to lease only to an accredited institution or to ITFS excess capacity equivalent to one a governmental organization engaged MDS channel within 32 km (20 miles) of in the formal education of enrolled stu- the cable television franchise area or dents or to a nonprofit organization

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whose purposes are educational and in- to accomplish the proposed operation clude providing educational and in- by the use of the smallest number of structional television material to such channels required to provide the need- accredited institutions and govern- ed service. mental organizations, and which is (c) An application for a new instruc- otherwise qualified under the statutory tional television fixed station or for provisions of the Communications Act changes in the facilities of an existing of 1934, as amended. station shall specify the location of the (1) Only local applicants can file ap- transmitter, all proposed receiving in- plications and be considered for li- stallations, response transmitters, and censes during the local priority period, any relay transmitters which will be which extends for one year from the ef- under the control of or will be equipped fective date of these rules. for reception by the applicant. If recep- (i) During this local priority period, tion is also intended at unspecified lo- the existing of any outstanding appli- cations, i.e., if power is deliberately ra- cation for ITFS channels by a nonlocal diated to locations or areas so that vol- applicant will not prevent the filing untary reception will be possible, the and/or grant of an application by a applications shall include a complete local entity for those same channels. statement as to the purpose of such ad- (2) A publicly supported educational ditional reception. institution must be accredited by the (d) In case of permanent discontinu- appropriate state department of edu- ance of operation of a station licensed cation. under this subpart, authority to oper- (3) A privately controlled educational ate is forfeited and the licensee shall institution must be accredited by the forward the station license to the Com- appropriate state department of edu- mission for cancellation. For the pur- cation or the recognized regional and poses of this section, a station which is national accrediting organizations. not operated for a period of one year is (4) Those applicant organizations considered to have been permanently whose eligibility is established by serv- discontinued. If use of a channel(s) is ice to accredited institutional or gov- discontinued, authority to operate on ernmental organizations must submit such channel(s) is forfeited and an ap- documentation from proposed receive plication for modification shall be filed sites demonstrating they will receive to delete such channel(s). and use the applicant’s formal edu- (e) No receive site more than 35 miles cational programming. In place of this from the transmitter site shall be used documentation, a state educational to establish basic eligibility. television (ETV) commission may dem- NOTE 1: A ‘‘local’’ licensee (or applicant) is onstrate that the public schools it pro- an institution or organization that is phys- ically located in the community, or metro- poses to serve are required to use its politan area, where service is proposed. For a proposed formal educational program- college or university, this would include any ming. area where it has a campus. An educational (5) Nonlocal applicants, in addition organization will generally be regarded as to submitting letters from proposed re- ‘‘local’’ if the address of the organization’s ceive sites, must demonstrate the es- headquarters is located within the area tablishment of a local program com- where the facility is sought. An entity cre- mittee in each community where they ated by a state or local government for the purpose of serving formal educational needs apply. will be considered ‘‘local’’ throughout the (b) No numerical limit is placed on area within the government’s jurisdiction the number of stations which may be over which its authority is intended to ex- licensed to a single licensee. However, tend. An educational entity located within a individual licensees will be governed by state and created by affiliated educational the limitations of §§ 74.902 and 74.990(d) institutions within that state, including hos- of this part as to the number of chan- pitals, will be considered ‘‘local’’ in those nels which may be used. A single li- areas where the member institutions are lo- cated. cense may be issued for more than one NOTE 2: Documentation from proposed re- transmitter if they are to be located at ceive sites which are to establish the eligi- a common site and operated by the bility of an entity not serving its own en- same licensee. Applicants are expected rolled students for credit should be in letter

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form, written and signed by an adminis- maximum equivalent isotropically ra- trator or authority who is responsible for the diated power (EIRP) in dBW in a given receive site’s curriculum planning. The ad- direction shall be determined by the ministrator must indicate that the appli- cant’s program offerings have been viewed following formula: and that such programming will be incor- EIRP=33 dBW+10 log (360/beamwidth) [where porated in the site’s curriculum. The letter 10 log (360/beamwidth) ≤6 dB]. should discuss the types of programming and hours per week of formal and informal pro- Beamwidth is the total horizontal gramming expected to be used and the site’s plane beamwidth of the transmitting involvement in the planning, scheduling and antenna system in degrees, measured production of programming. If other levels of at the half-power points. authority must be obtained before a firm (c) An increase in station transmitter commitment to utilize the service can be power, above currently-authorized or made, the nature and extent of such addi- previously-proposed values, to the tional authorization(s) must be provided. maximum values provided in para- NOTE 3: Letters submitted on behalf of a nonlocal entity must confirm that a member graphs (a) and (b) of this section, may of the receive site’s staff will serve on the be authorized, if an applicant dem- local program committee and demonstrate a onstrates that the requested power in- recognition of the composition and power of crease will not cause harmful inter- the committee. The letter should show that ference to any authorized or pre- the staff member will aid in the selection, viously-proposed co-channel or adja- scheduling and production of the program- cent-channel station with a transmit- ming received over the system. ter site within 80.5 km (50 miles) of the [28 FR 13731, Dec. 14, 1963, as amended at 36 applicant’s transmitter site, or if an FR 8873, May 14, 1971; 49 FR 32596, Aug. 15, applicant demonstrates that: 1984; 50 FR 26760, June 28, 1985; 51 FR 9800, (1) A station, that must be protected Mar. 21, 1986; 56 FR 57819, Nov. 14, 1991; 58 FR from interference, potentially could 44951, Aug. 25, 1993; 60 FR 20247, Apr. 25, 1995] suffer interference that would be elimi- § 74.933 Remote control operation. nated by increasing the power of the interfered-with station; and Licensed ITFS stations may be oper- (2) That the interfered-with station ated by remote control without further may increase its own power consistent authority. with the rules; and [52 FR 3806, Feb. 6, 1987] (3) The applicant requesting author- ization of a power increase agrees to § 74.934 Unattended operation. pay all expenses associated with the in- Unattended operation of licensed crease in power to the interfered-with ITFS stations is permitted without fur- station. ther authority. (d) For television transmission, the (a) An unattended relay station may peak power of the accompanying aural be employed to receive and retransmit signal must not exceed 10 percent of signals of another station provided the peak visual power of the transmit- that the transmitter is equipped with ter. The Commission may order a re- circuits which permit it to radiate only duction in aural signal power to dimin- when the signal intended to be re- ish the potential for harmful inter- transmitted is present at the receiver ference. input terminals. [55 FR 46013, Oct. 31, 1990, as amended at 58 [52 FR 3806, Feb. 6, 1987] FR 44951, Aug. 25, 1993]

§ 74.935 Power limitations. § 74.936 Emissions and bandwidth. (a) The maximum equivalent (a) An instrutional television fixed isotropically radiated power (EIRP) of station shall normally employ ampli- a transmitter station in this service tude modulation (A5) for the trans- shall not exceed 2000 watts (33 dBW) ex- mission of the visual signal and fre- cept as provided in paragraph (b) of quency modulation (F3) for the trans- this section. mission of the aural signal. (b) If a station uses a transmitting (b) On or after November 1, 1991, the antenna with a non-omnidirectional maximum out-of-band power of a trans- horizontal plane radiation pattern, the mitter operating in this service shall

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be attenuated 38 dB relative to the tics may vary from these requirements peak visual carrier at the channel to the extent necessary to insure that edges and constant slope attenuation transmitted information is not likely from this level to 60 dB relative to the to be received in intelligible form by peak visual carrier at 1 MHz below the unauthorized subscribers or licensees, lower band edge and 0.5 MHz above the provided such variations permit recov- upper band edge. All out-of-band emis- ery of the transmitted information sions extending beyond these fre- without perceptible degradation as quencies shall be attenuated at least 60 compared to the same information dB below the peak visual carrier power. transmitted without such variations. However, should interference occur as a result of emissions outside the as- [28 FR 13731, Dec. 14, 1963, as amended at 55 signed channel, additional attenuation FR 46014, Oct. 31, 1990] may be required. A transmitter li- § 74.937 Antennas. censed prior to November 1, 1991, that remains at the station site initially li- (a) In order to minimize the hazard of censed, and does not comply with this harmful interference from other sta- paragraph, may continue to be used for tions, directive receiving antennas its life if it does not cause harmful in- should be used at all receiving loca- terference to the operation of any tions. The choice of receiving antennas other licensee. Any non-conforming is left to the discretion of the licensee. transmitter replaced after November 1, However, for the purpose of inter- 1991, shall be replaced by a transmitter ference calculations, the general char- meeting the requirements of this para- acteristics of the reference receiving graph. antenna shown in Figure 1 of this sec- (c) The requirements of § 73.687(c)(2) tion (i.e., a 0.6 meter (2 foot) parabolic of this chapter will be considered to be reflector antenna) are assumed to be satisfied insofar as measurements of used in accordance with the provisions operating power are concerned if the of § 74.903(a)(3) unless pertinent data is transmitter is equipped with instru- submitted of the actual antenna in use ments for determining the combined at the receive site. Licensees may in- visual and aural operating power. How- stall receiving antennas with general ever, licensees are expected to main- characteristics superior to those of the tain the operating powers within the reference receive antenna. Neverthe- limits specified in § 74.935 of this part. less, should interference occur and it Measurements of the separate visual can be demonstrated by an applicant and aural operating powers must be that the existing antenna at the re- made at sufficiently frequent intervals ceive site is inappropriate, a more suit- to insure compliance with the rules, able yet practical receiving antenna and in no event less than once a should be installed. In such cases, the month. modification of the receive site will be (d) As a further exception to the in the discretion, and will be the re- other requirements of this section, sponsibility, of the licensee serving the transmitting equipment characteris- site.

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(b) Directive transmitting antennas § 74.939 Special rules governing ITFS shall be used whenever feasible so as to response stations. minimize interference to other licens- (a) An ITFS response station is au- ees. The radiation pattern shall be de- thorized to provide communication by signed to minimize radiation in direc- voice and/or data signals with its asso- tions where no reception is intended. ciated instructional television fixed When an ITFS station is used for point- station for use in instructional or com- to-point service, an appropriate direc- puter-assisted communications. Other tional antenna must be used. communications concerning the tech- (c) The use of elevated receiving an- nical operation of the system may be tennas is preferable to the use of ele- carried on when necessary. vated transmitting antennas or greater (b) An ITFS response station may be power to provide the desired service. operated only by the licensee of an in- (d) The use of vertical or horizontal structional television fixed station and plane polarization or right-hand or only at an authorized receiving loca- left-hand rotating (circular) polariza- tion of the instructional television tion may be used to minimize the haz- fixed station with which it commu- ard of harmful interference between nicates. More than one ITFS response station may be operated at the same or systems. The Commission reserves the different locations by the same li- right to specify the polarization to be censee. An application for authority to used. operate a new or modified response sta- (e) The power gain compared to an tion shall be filed with the Commission isotropic antenna and the directive in Washington, DC, on FCC Form 330. properties of the transmitting and re- Section VI of that form shall supply ceiving antennas proposed to be em- the following information for each re- ployed, as well as the geometric dis- sponse station: tribution of the transmitting and re- (1) The name of the school or other ceiving points, shall be supplied with description of the building in which the each application for a new ITFS fixed ITFS response station will be located, station or for changes in the antenna the address, and the geographic coordi- facilities of an existing station. nates of the ITFS response station [28 FR 13731, Dec. 14, 1963, as amended at 48 transmitting antenna. FR 9012, Mar. 3, 1983; 49 FR 32596, Aug. 15, (2) The manufacturer’s name, type 1984; 50 FR 26761, June 28, 1985; 52 FR 3806, number, operating frequency, and Feb. 6, 1987; 58 FR 44951, Aug. 25, 1993] power output of the proposed ITFS re- sponse station transmitter. § 74.938 Transmission standards. (3) The type of transmitting antenna, The width of an ITFS channel is 6 power gain, and azimuthal orientation MHz. ITFS transmitters must be cer- of the major lobe of radiation in de- grees measured clockwise from True tificated by the Commission for the North. particular visual and aural signals that (4) A sketch giving pertinent details will be employed in actual operation. of the ITFS response station transmit- Either the manufacturer or the li- ting antenna installation including censee must obtain transmitter certifi- ground elevation of the transmitter cation for the transmitter by filing a site above mean sea level; overall application for certification with ap- height above ground, including appur- propriate information concerning the tenances, of any ground-mounted tower signal waveforms and measurements. or mast on which the transmitting an- [28 FR 13731, Dec. 14, 1963, as amended at 49 tenna will be mounted or, if the tower FR 32596, Aug. 15, 1984; 55 FR 46014, Oct. 31, or mast is or will be located on an ex- 1990; 63 FR 36605, July 7, 1998] isting building or other manmade structure, the separate heights above EFFECTIVE DATE NOTE: At 63 FR 36605, July 7, 1998, § 74.938 was amended by removing the ground of the building and the tower or terms ‘‘type accepted’’ and ‘‘type accept- mast including appurtenances; the lo- ance’’ and inserting in their place the terms cation of the tower or mast on the ‘‘certificated’’ and ‘‘certification’’, respec- building; the location of the transmit- tively, effective Oct. 5, 1998. ting antenna on the tower or mast; and

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the overall height of the transmitting ployed. If amplitude modulation is antenna above ground. This can be used, the carrier shall not be modu- combined with the sketch for the re- lated in excess of 100%. If frequency ceiving location if the transmitting an- modulation is used, the deviation shall tenna is clearly shown. not exceed ±25 kHz. Any emissions out- (c) See Part 17 of this chapter con- side the channel including harmonics cerning notification to the Federal shall be attenuated at least 60 dB below Aviation Administration of proposed peak output power. Greater attenu- antenna construction or alteration. ation may be required if interference is The provisions of §§ 74.967 and caused by out-of-channel emissions. 74.981(a)(5), concerning antenna paint- (g) The unmodulated carrier fre- ing and lighting requirements, apply to quency shall be maintained within 35 ITFS response stations as well as main kHz of the assigned frequency at all ITFS stations. times. Adequate means shall be pro- (d) All ITFS response stations com- vided to insure compliance with this municating with a single instructional rule. television fixed station shall operate (h) A directive transmitting antenna on the same frequency. The specified shall be employed, oriented toward the frequency which may be used is deter- transmitter site of the associated in- mined by the channel assigned to the structional television fixed station. instructional television fixed station The beamwidth between half power with which it is communicating, as points shall not exceed 15° and radi- shown in the following table. Operation ation in any minor lobe of the antenna on other ITFS response channels is radiation pattern shall be at least 20 prohibited. dB below the power in the main lobe of radiation. ResponseFrequency ITFS Channel No. (MHz) (i) The transmitter of an ITFS re- sponse station may be operated unat- A±1 ...... 2686.0625 tended. The overall performance of the A±2 ...... 2687.0625 A±3 ...... 2688.0625 ITFS response station transmitter A±4 ...... 2689.0625 shall be checked as often as necessary B±1 ...... 2686.1875 to ensure that it is functioning in ac- B±2 ...... 2687.1875 B±3 ...... 2688.1875 cordance with the requirements of the B±4 ...... 2689.1875 Commission’s rules. The licensee of an C±1 ...... 2686.3125 ITFS response station is responsible C±2 ...... 2687.3125 C±3 ...... 2688.3125 for the proper operation of the trans- C±4 ...... 2689.3125 mitter at all times. The transmitter D±1 ...... 2686.4375 shall be installed and protected in such D±2 ...... 2687.4375 manner as to prevent tampering or op- D±3 ...... 2688.4375 D±4 ...... 2689.4375 eration by unauthorized persons. E±1 ...... 2686.5625 (j) The transmitting apparatus em- E±2 ...... 2687.5625 ployed at ITFS response stations shall E±3 ...... 2688.5625 E±4 ...... 2689.5625 have received certification in accord- F±1 ...... 2686.6875 ance with § 74.952. F±2 ...... 2687.6875 (k) An ITFS response station shall be F±3 ...... 2688.6875 F±4 ...... 2689.6875 operated only when engaged in commu- G±1 ...... 2686.8125 nication with its associated instruc- G±2 ...... 2687.8125 tional television fixed station or for G±3 ...... 2688.8125 G±4 ...... 2689.8125 necessary equipment or system tests and adjustments. Radiation of an (e) Transmitter power output will unmodulated carrier and other unnec- normally be limited to no more than essary transmissions are forbidden. 250 milliwatts. Upon a special showing [34 FR 12101, July 18, 1969, as amended at 35 of need, transmitter power output of up FR 4705, Mar. 18, 1970; 36 FR 11587, June 16, to 2 watts may be permitted. 1971; 48 FR 44807, Sept. 30, 1983; 52 FR 3806, (f) An ITFS response channel is 125 Feb. 6, 1987; 53 FR 36788, Sept. 22, 1988; 60 FR kHz wide and is centered at the as- 55483, Nov. 1, 1995; 63 FR 36605, July 7, 1998] signed frequency. Either amplitude or EFFECTIVE DATE NOTE: At 63 FR 36605, July frequency modulation can be em- 7, 1998, in § 74.939, paragraph (j) was amended

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by removing the term ‘‘type acceptance’’ and sponse of the apparatus within its as- inserting in its place the term ‘‘certifi- signed channel when operating at its cation’’, effective Oct. 5, 1998. rated power output and measured at the output terminals, shall provide a § 74.950 Equipment performance and installation. smooth curve, varying within limits separated by no more than 4 dB: Pro- (a) Except as otherwise provided in vided, however, That means may be pro- this section, the requirements of vided to reduce the amplitude of the § 73.687 of this chapter regarding the in- aural carrier below those limits, if nec- stallation and performance of tele- essary to prevent intermodulation vision broadcast transmitters and asso- which would mar the quality of the re- ciated equipment shall apply to in- transmitted picture or result in emis- structional television fixed stations. sions outside of the assigned channel. (b) The overall attenuation charac- (2) The suppression of emissions ap- teristics of the transmitter may vary pearing outside of the assigned channel from those specified in § 73.687 of this shall comply with § 74.936(b) and (c). chapter, provided that the provisions of (3) The local oscillator employed in § 74.936 of this part are met. However, care should be exercised in the adjust- the frequency converter shall maintain ment of the transmitter to insure cor- its operating frequency within 0.02 per- rect overall response of the transmitter cent of its rated frequency when sub- for proper transmission of the upper jected to variations in ambient tem- ° ° and vestigial lower sideband. perature between minus 30 and plus 50 (c) The provisions of § 74.961 in lieu of centigrade and variations in powerline § 73.687(c)(1) of this chapter apply with voltage between 85 percent and 115 per- respect to the frequency tolerance for cent of the rated supply voltage. the visual carrier. (4) The apparatus shall contain auto- (d) The provisions of § 74.936 in lieu of matic circuits which will maintain § 73.687(i)(1) of this chapter apply with peak visual power output constant respect to spurious emissions and radio within 2 dB when the strength of the frequency harmonics. input signal is varied over a range of 30 (e) The requirements of § 73.687(c)(2) dB and which will not permit the peak of this chapter will be considered to be visual power output to exceed the max- met insofar as measurements of operat- imum rated power output under any ing power are concerned, if the trans- conditions. If a manual adjustment is mitter is equipped with instruments provided to compensate for different for determining the combined visual average signal strengths, provision and aural operating power. However, li- shall be made for determining the censees are expected to maintain the proper setting for the control. If im- operating powers within the limits proper adjustment of the control could specified in the rules of this part. result in improper operation a label Measurements of the separate visual bearing a suitable warning shall be af- and aural operating powers should be fixed at the adjustment control: Pro- made at sufficiently frequent intervals vided, however, That apparatus with an to ensure compliance with the rules. output of 50 milliwatts peak visual (f) Transmitting apparatus (trans- power per channel or less need not lators and boosters) used solely for re- comply with this paragraph, provided laying signals received from other the equipment is so designed that the ITFS stations and operating in the rated output power of the transmitter manner described in § 74.934(a)(2) shall cannot be exceeded by more than 3 dB meet the following requirements before by an increase in the input signal. being certificated by the Commission. (5) The apparatus shall be equipped (1) The frequency converter and asso- with automatic controls which will ciated shall be so designed place it in a nonradiating condition that the electrical characteristics of a when no signal is being received on the standard television signal introduced input channel, either due to absence of into the input terminals will not be a transmitted signal or failure of the significantly altered by passage receiving portion of the relay transmit- through the apparatus except as to fre- ter. In the case of equipment (trans- quency and amplitude. The overall re- lators or boosters) of 50 milliwatts

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peak visual power per channel or less which prior FCC authority is not re- relaying more than one channel it shall quired under the provisions of this be turned off in the absence of the last paragraph, the licensee shall place in signal to be relayed. The automatic the station records a certification that control may include a time delay fea- the new installation complies in all re- ture to prevent interruptions in the op- spects with the technical requirements eration of the relay transmitter caused of this part and the terms of the sta- by fading or other momentary failures tion authorization. of the incoming signal. (b) Any change in the antenna sys- (6) The tube(s) or transistor(s) em- tem affecting the direction of radi- ployed in the final radio frequency am- ation, directive radiation pattern, an- plifier shall be of the appropriate tenna gain, or radiated power. power rating to provide the rated (c) Any change in the overall height power output of the relay transmitter. of the antenna structure, except where The normal operating constants for op- notice to the Federal Aviation Admin- eration at the rated power output shall istration is specifically not required be specified. The apparatus shall be under § 17.14(b) of the FCC Rules. equipped with suitable meters or meter (d) Any change in the location of the jacks so that appropriate voltage and transmission system except a move current measurements may be made within the same building or upon the while the apparatus is in operation. same antenna supporting structure. (7) Boosters used in this service shall (e) A change in frequency assign- comply with all the provisions of this ment. paragraph except with paragraph (f)(3). (f) A change in the operating power. However, in addition, the isolation be- (g) Any addition of receiving loca- tween the input and output circuits of tions or to modify such a location to a the booster, including the receiving receive and response station. and transmitting antenna systems [45 FR 26068, Apr. 17, 1980, as amended at 50 shall be at least 20 dB greater than the FR 26761, June 28, 1985; 52 FR 3806, Feb. 6, maximum overall gain of the booster 1987; 53 FR 36788, Sept. 22, 1988; 63 FR 36605, amplifier. Boosters may use opposite july 7, 1998] antenna polarization of the input and EFFECTIVE DATE NOTE: At 63 FR 36605, July output antennas. 7, 1998, in § 74.951, paragraph (a) was amended by removing the term ‘‘type accepted’’ and [28 FR 13731, Dec. 14, 1963, as amended at 36 inserting in their place the term ‘‘certifi- FR 8873, May 14, 1971; 48 FR 44807, Sept. 30, cated’’, effective Oct. 5, 1998. 1983; 55 FR 46014, Oct. 31, 1990; 63 FR 36605, July 7, 1998] § 74.952 Acceptability of equipment for EFFECTIVE DATE NOTE: At 63 FR 36605, July licensing. 7, 1998, in § 74.950, paragraph (f) introductory (a) Each authorization for a station text was amended by removing the terms ‘‘type accepted’’ and inserting in its place in this service requires the use of cer- the term ‘‘certificated’’, effective Oct. 5, 1998. tificated equipment. Requirements for obtaining a grant of equipment author- § 74.951 Modification of transmission ization are contained in subpart J of systems. part 2 of the Rules. Formal application on FCC Form 330 (b) An application specifying a trans- is required for any of the following mitter, translator, or booster not cer- changes or modifications of the trans- tificated, may be filed by the applicant mission systems: if the information and measurement (a) Replacement of the transmitter data required for certification under as a whole, except replacement with a subpart J of part 2 of the Rules is sub- transmitter of identical power rating mitted with the application. However, which has been certificated by the FCC if that data has been filed with the for use by instructional TV fixed sta- Commission in connection with a re- tions, or any change which could result quest for certification, it need not be in a change in the electrical character- resubmitted and may be referred to as istics or performance of the station. ‘‘on file.’’ Upon the installation or modification [52 FR 3806, Feb. 6, 1987, as amended at 63 FR of the transmitting equipment for 36605, July 7, 1998]

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EFFECTIVE DATE NOTE: At 63 FR 36605, July regular schedule of operation. Unless 7, 1998, in § 74.952, was amended by redesig- otherwise specified in the license, the nating paragraph (a) as paragraph (b); by re- hours of operation are not limited. designating the introductory text as para- graph (a); by removing the term ‘‘type ac- (b) Except for purposes of tests and cepted’’ and adding in its place ‘‘certifi- adjustments, the transmitter shall not cated’’ in newly redesignated paragraphs (a) be permitted to radiate unmodulated and (b); and by removing the term ‘‘type ac- carriers or otherwise make unneces- ceptance’’ each place it appears and adding sary transmissions for extended periods in its place ‘‘certification’’ in newly redesig- of time. nated paragraph (b), effective Oct. 5, 1998. § 74.965 Posting of station license. § 74.961 Frequency tolerance. (a) The instrument of authorization (a) Beginning November 1, 1991, the of a clearly legible photocopy thereof, frequency of the visual carrier shall be maintained within ± 1 KHz of the as- shall be available at each transmitter. signed frequency at all times when the (b) If a station is operated unat- station is in operation. Until that date, tended, the call sign and name of the the frequency of the visual carrier licensee shall be displayed such that it shall be maintained within 60 KHz of may be read within the vicinity of the the assigned frequency at all times transmitter enclosure or antenna when the station is in operation. A structure. transmitter licensed prior to November [52 FR 3807, Feb. 6, 1987] 1, 1991, that remains at the station site initially licensed and does not comply § 74.969 Copies of rules. with this paragraph may continue to The licensee of an instructional tele- be used for its life if it does not cause vision fixed station shall have a cur- harmful interference to the operation rent copy of Parts 73 and 74 of this of any other licensee. Any non-con- forming transmitter replaced after No- chapter. In cases where aeronautical vember 1, 1991, must be replaced by a hazard marking of antennas is re- transmitter meeting the requirements quired, such licensee shall also have a of this paragraph. current copy of Part 17 of this chapter. (b) For television transmission, the Each licensee is expected to be familiar peak power of the accompanying aural with the pertinent rules governing in- signal must not exceed 10 percent of structional television fixed stations. the peak visual power of the transmit- [60 FR 55483, Nov. 1, 1995] ter. (c) Any licensee with transmission § 74.970 Modulation limits. equipment conforming to the transmit- (a) Visual transmitter. The maximum ter tolerance standard of this section excursion of the luminance signal in can be required to use the white direction shall not exceed where it is demonstrated to be nec- the value specified in § 73.682(a)(13) of essary to avoid harmful interference this chapter for the reference white with another station. level. [55 FR 46014, Oct. 31, 1990] (b) Aural transmitter. The maximum frequency deviation of the aural carrier § 74.962 Frequency monitors and shall not be permitted to exceed ± 75 measurements. kHz on peaks of frequent recurrence dur- Suitable measurements shall be ing any transmission. This is defined as made as often as necessary to ensure 100% modulation. that the operating frequencies of the station are within the prescribed toler- [28 FR 13731, Dec. 14, 1963, as amended at 49 FR 32596, Aug. 15, 1984] ances. [52 FR 3806, Feb. 6, 1987] § 74.971 Modulation monitors and measurements. § 74.963 Time of operation. Suitable means shall be provided to (a) An instructional television fixed insure that the modulation limits spec- station is not required to adhere to any ified in § 74.970 are observed.

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§ 74.982 Station identification. § 74.984 Retransmissions. (a) Call signs for instructional tele- An instructional television fixed sta- vision fixed stations will consist of tion may not retransmit the signals of three letters and three digits pursuant any class of station without consent of to the provisions of § 2.302 of this chap- the station originating the signals to ter relating to fixed stations. be retransmitted. (b) Except as otherwise provided in § 74.985 Signal booster stations. paragraphs (c) and (d) of this section, each instructional television fixed sta- (a) Authorizations for Instructional Television Fixed Service (ITFS) boost- tion shall transmit its call sign at the er stations may be granted to an ITFS beginning and end of each period of op- applicant, permittee or licensee, or to eration and, during operation, on the a third party with a fully-executed hour. Visual or aural transmissions lease agreement with an ITFS appli- shall be employed. cant, permittee, or licensee. The eligi- (c) The hourly station identification bility requirements of § 74.932 will not announcement during operation may apply to such third-party booster sta- be deferred if it would interrupt a sin- tion applicants. A signal booster sta- gle consecutive demonstration, lecture, tion may not extend service beyond a or other similar discourse or otherwise registered receive site of the primary impair the continuity of a program in ITFS station. No booster station may progress. In such cases the station be authorized for retransmission of sig- identification announcement shall be nals from an MDS, MMDS, or ITFS sta- made at the first normal break in the tion without the written consent of the continuity of the program. licensee of the station whose signals (d) In cases where an instructional are retransmitted. (b) In addition to the other applica- television fixed station is operating as tion requirements of this Part and of a relay for signals originating at some Form 330, each application for a signal other station operated by the same li- booster station that would retransmit censee, its call sign shall be announced an ITFS signal must include a dem- by the originating station at the times onstration that the proposed signal and in the manner prescribed in para- booster station will not transmit a sig- graph (b) of this section. nal to a receiver site that is beyond a (e) Where an instructional television previously-registered receive site of fixed station is operating as a relay for the primary ITFS station. signals originating at a station oper- (c) In addition to the other applica- ated by some other licensee, its call tion requirements of this part and of sign may be transmitted by the origi- Form 330, each application for a signal nating station, if suitable arrange- booster station that would retransmit ments can be made with the other li- an ITFS signal must include a dem- censee, or means shall be provided for onstration that the power flux density the transmission of the call sign by the of the ITFS signal does not exceed 75.6 dBW/m2 at the edge of a pro- relay transmitter itself. Low power ¥ tected service area for the primary relay stations, authorized by ITFS transmitter station, as defined by § 74.950(f)(4) will not be assigned indi- § 21.902(d) of this chapter. vidual call signs. Station identification (d) In addition to the other applica- will be accomplished by the retrans- tion requirements of this part and of mission of the call sign of the primary Forms 494 and 330, each application for station. a signal booster station must include a (f) Temporary fixed ITFS stations demonstration that the proposed signal shall identify with the call sign of the booster station will cause no harmful primary station and a temporary fixed interference to cochannel or adjacent- identifier. channel, authorized or previously-pro- posed ITFS, MDS, or MMDS, stations [28 FR 13731, Dec. 14, 1963, as amended at 36 with transmitters within 80.5 km (50 FR 8873, May 4, 1971; 38 FR 25991, Sept. 17, 1973; 49 FR 32596, Aug. 15, 1984] miles) of the proposed booster station’s transmitter site.

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(e) In addition to the other applica- whose signal is repeated by the signal tion requirements of this part and of booster; Forms 494 and 330, each application for (7) The signal booster site is within a signal booster station must include a the protected service area of the MDS written consent statement of the li- station, if the signal of an MDS station censee of each MDS, MMDS, and ITFS is repeated; station whose signal is retransmitted. (8) The power flux density at the edge (f) The output power of the signal of the MDS station’s protected service booster transmitter station must not area does not exceed ¥75.6 dBW/m2, if exceed 18 dBW EIRP. the signal of an MDS station is re- (g) An MDS or ITFS licensee may in- peated; stall and commence operation of a sig- (9) The antenna structure will extend nal booster station that has a maxi- less than 6.10 meters (20 feet) above the mum power level of ¥9 dBW EIRP and ground or natural formation or less that does not extend service beyond than 6.10 meters (20 feet) above an ex- the boundaries of an MDS station’s isting manmade structure (other than protected service area or beyond an an antenna structure); and ITFS licensee’s registered receive site, (10) The MDS or ITFS licensee under- subject to the condition that for sixty stands and agrees that in the event (60) days after installation, no objec- harmful interference is claimed by the tion or petition to deny is filed by an filing of an objection or petition to authorized co-channel or adjacent deny, the licensee must terminate op- channel ITFS or MDS station with a eration within two (2) hours of written transmitter within 8 km (5 miles) (8.05 notification by the Commission, and km) of the coordinates of the primary must not recommence operation until transmitter of the signal booster. An receipt of written authorization to do MDS or ITFS licensee seeking to in- so by the Commission. stall a signal booster under this rule must, within 48 hours after installa- [56 FR 57601, Nov. 13, 1991, as amended at 58 tion, submit a certification that: FR 11799, Mar. 1, 1993; 58 FR 44951, Aug. 25, (1) The maximum power level of the 1993] signal booster transmitter does not ex- ceed 9 dBW EIRP; § 74.986 Involuntary ITFS station ¥ modifications. (2) A description of the signal booster technical specifications (including an- (a) Parties specified in paragraph (b) tenna gain and azimuth), the coordi- of this section may, subject to Com- nates of the booster and receivers, and mission approval, involuntary modify the street address of the signal booster; the facilities of an existing ITFS li- (3) No registered receiver of an ITFS censee in the following situations: E or F channel station, constructed (1) If the initiating party is prevented prior to May 26, 1983, is located within from invoking the 0 dB interference a 1 mile (1.61 km) radius of the coordi- protection standard (see § 21.902(f)(2) of nates of the booster, or in the alter- this chapter and § 74.903(a)(2) of this native, that a consent statement has part) for projecting its impact on an been obtained from the affected ITFS existing ITFS licensee because of that licensee; licensee’s pre-May 26, 1983, facilities, (4) No environmental assessment lo- the applicant, permittee or licensee cation as defined at § 1.1307 of this may modify the facilities of the pre-ex- chapter is affected by installation and/ isting ITFS station with equipment or operation of the signal booster; adequate to perform at that level of in- (5) Each MDS and/or ITFS station li- terference; censee with protected service areas or (2) If the initiating party is prevented registered receivers within a 8 km (5 from operating at a higher transmitter mile) (8.05 km) radius of the coordi- output power or EIRP because such nates of the booster has been given no- power level will cause harmful inter- tice of its installation; ference to an ITFS station and modify- (6) Consent has been obtained from ing the ITFS station will avoid such each MDS or ITFS station licensee harmful interference;

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(3) If the initiating party is prevented or before the day of filing. The ITFS from installing a signal booster be- party to be modified will have a 60-day cause such installation will cause period in which to oppose the modifica- harmful interference to an ITFS sta- tion application; the opposition should tion and modifying the ITFS station state objections to the modification will avoid harmful interference; with specificity, including engineering (4) If an ITFS licensee uses equip- and other challenges. If the modifica- ment incapable of meeting the aural tion includes colocation, the opponent power standard specified in § 74.935(d) should address the desirability of the and that equipment becomes a source present site compared to the proposed of harmful adjacent-channel inter- new site. ference, and other equipment would (d) The party initiating the modifica- avoid such harmful intereference. tion will be responsible for all costs (5) If an ITFS licensee uses equip- connected with the modification, in- ment incapable of meeting the trans- cluding purchasing, testing and install- mitter tolerance standard specified in ing new equipment, labor costs, recon- § 74.961 of this part and that equipment figuration of existing equipment, ad- becomes a source of harmful co-chan- ministrative costs, legal and engineer- nel interference, and other equipment ing expenses necessary to prepare and would avoid the harmful interference; file the modification application, and (6) If an ITFS licensee uses equip- other reasonable documented costs. ment incapable of meeting the out-of- The initiating party must secure a band emissions standard specified in bond or establish an escrow account to § 74.936 of this part and that equipment cover reasonable incremental increase becomes a source of harmful adjacent- in ongoing expenses that will fall upon channel interference, and other equip- the modified ITFS entity and to cover ment would avoid the harmful inter- expenses that would inure to the modi- ference; and fied ITFS entity in the event the initi- (7) If harmful adjacent-channel inter- ating party becomes bankrupt. In es- ference may be avoided by colocation tablishing a bond or escrow amount, of an ITFS facility with its own facili- such factors as projected electricity or ties. maintenance expenses, or relocation (b) Involuntary modification may be expenses must be taken into account, sought by an MDS, MMDS or ITFS li- as relevant in each case. censee, conditional licensee, permittee (e) The involuntarily modified facili- or applicant. Opposed applicants do not ties must be operational before the ini- have authority to seek involuntary co- tiating party will be permitted to begin location. An opposed application is one its new or modified operations. The that faces a competing application(s) modification must not disrupt the or petition(s) to deny. Applicants will ITFS licensee’s provision of service, be required to confirm their unopposed and the ITFS licensee has the right to status after the period for competing inspect the construction or installation applications and petitions to deny has work. passed. If an initiating application is [56 FR 57820, Nov. 14, 1991] opposed, the companion ITFS modi- fication application will be returned. It § 74.990 Use of available instructional may be refiled when the initial applica- television fixed service frequencies tion is again unopposed. by wireless cable entities. (c) The application for involuntary (a) Notwithstanding the provisions modification must be prepared, signed §§ 74.931 and 74.932 of this part, a wire- and filed by the initiating party. The less cable entity may be licensed on in- applicant must submit FCC Form 330 structional television fixed service fre- but need not fill out section II (Legal quencies in areas where at least eight Qualifications), and the application other instructional television fixed must include a cover letter clearly in- service channels remain available in dicating that the modification is invol- the community for future ITFS use. untary and identifying the parties in- Channels will be considered available volved. A copy of the application must for future ITFS use if there are no co- be served on the affected ITFS party on channel operators or applicants within

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80.5 km (50 miles) of the transmitter wireless cable application if there are site of the proposed wireless cable op- other instructional television fixed eration, and if the transmitter site re- service channels available for the pro- mains available for use at reasonable posed instructional television fixed terms by new ITFS applicants on those service facility. channels within three years of com- (f) The interference protection pro- mencing operation. vided wireless cable applicants and li- (b) No more than eight instructional censees of instructional television television fixed service channels per fixed service facilities will be that de- community may be licensed to wireless scribed in § 21.902 of this chapter. cable entities. (c) To be licensed on instructional [56 FR 57820, Nov. 14, 1991, as amended at 58 television fixed service channels, a FR 44951, Aug. 25, 1993] wireless cable applicant must hold a § 74.991 Wireless cable application pro- conditional license, license or a lease, cedures. or must have filed an unopposed appli- cation for at least four MDS channels (a) A wireless cable applicant for to be used in conjunction with the fa- available instructional television fixed cilities proposed on the ITFS fre- service channels must file sections I quencies. An unopposed application is and V of FCC Form 330, with a com- one that faces no competing applica- plete FCC Form 494 appended. A wire- tion(s) or petition(s) to deny. Appli- less cable applicant must include with cants will be required to confirm their its application a cover letter clearly unopposed status after the period for indicating that the application is for a filing competing applications and peti- wireless cable entity to operate on tions to deny has passed. If an MDS or ITFS channels. A wireless cable appli- MMDS application is opposed, the com- cation for available instructional tele- panion ITFS application will be re- vision fixed service channels will be turned. subject to § 21.914 of this chapter with (d) To be licensed on instructional respect to other wireless cable appli- television fixed service channels, a cants, and to the ITFS window filing wireless cable applicant must show period with respect to instructional that there are no multipoint distribu- television fixed service applications. tion service or multichannel All lists of accepted applications for multipoint distribution service chan- ITFS frequencies, regardless of the na- nels available for application, purchase ture of the applicant, will be published or lease that could be used in lieu of as ITFS public notices. the instructional television fixed serv- (b) Within 30 days of filing its appli- ice frequencies applied for. A wireless cation, a wireless cable applicant for cable entity may apply for instruc- available instructional television fixed tional television fixed service fre- service channels must give local public quencies at the same time it applies for notice of the filing of its application in the related MDS or MMDS frequencies, a newspaper. The local public notice but if that MDS or MMDS application must be made in a daily newspaper of is opposed by a timely filed mutually general circulation published in the exclusive application or petition to community in which the proposed sta- deny, the application for ITFS facili- tion will be located at least twice a ties will be returned. week for two consecutive weeks in a (e) If an instructional television fixed three week period. If there is no such service application and a wireless cable daily newspaper, notice must be made application for available instructional in a weekly newspaper of general cir- television fixed service facilities are culation published in the community mutually exclusive, as defined at once a week for three consecutive § 21.31(a) of this chapter, the instruc- weeks in a four week period. If there is tional television fixed service applica- no daily or weekly newspaper published tion will be granted if the applicant is in the community, notice must be qualified. An instructional television made in the daily newspaper, wherever fixed service applicant may not file an published, that has the greatest gen- application mutually exclusive with a eral circulation in the community

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twice a week for two consecutive weeks cate that the application is for ITFS within a three week period. access to a wireless cable entity’s fa- (c) The public notice required by cilities on ITFS channels. paragraph (b) of this section shall con- (b) An ITFS entity determined by the tain, where applicable, the following Commission to have right of access to information: wireless cable licensed facilities may (1) The name of the applicant if the have access to a maximum of 40 hours applicant is an individual, the names of per channel per week. The ITFS entity all partners if the applicant is a part- has the right to designate 20 of those nership, or the names of all officers and hours as follows: directors and of those persons holding (1) 3 hours of the ITFS entity’s 10 percent or more of the capital stock choice each day, Monday through Fri- or other ownership interest if the ap- day, between 8 a.m. and 10 p.m., exclud- plicant is a corporation or an unincor- ing weekends, holidays and school va- porated association; cations; and (2) The purpose for which the applica- tion will be filed (i.e., for a construc- (2) The remaining five hours any tion permit for a wireless cable sys- time of the ITFS entity’s choice be- tem); tween 8 a.m. and 10 p.m., Monday (3) A statement that the channels ap- through Saturday. plied for are ITFS channels normally (c) No time-of-day and day-of-week reserved for educational use, and a list obligations will be imposed on either of the specific frequencies or channels party with respect to the other 20 on which the proposed station will op- hours of access time. erate; (d) The ITFS user must provide the (4) The date the application was ten- wireless cable licensee with its planned dered for filing with the FCC; scheduled of use four months in ad- (5) The facilities sought, including vance. No minimum amount of pro- type and class of station, power, loca- gramming will be required of an ITFS tion of studios, transmitter site and operator seeking access to one channel; antenna height; and for access to a second channel, the (6) A statement that a copy of the ap- ITFS user must use at least 20 hours plication and related material are on per week on the first channel from 8 file for public inspection at a stated ad- a.m. to 10 p.m., Monday through Satur- dress in the community in which the day; for access to a third channel, the station is located or is proposed to be ITFS entity must use at least 20 hours located. per week on the first channel and on [56 FR 57821, Nov. 14, 1991, as amended at 60 the second channel during the hours FR 20247, Apr. 25, 1995] prescribed above, and so on. Only one educational institution or entity per § 74.992 Access to channels licensed to wireless cable licensed channel will be wireless cable entities. entitled to access from the wireless (a) An educational institution or en- cable entity. Access will not be granted tity that would be eligible for ITFS to a single entity for more than four channels that are licensed to a wireless channels, unless it can satisfy the cable entity may be entitled to access waiver provisions of § 74.902(d) of this to those channels. Requests for access part. may be made by application to the (e) When an ITFS entity is granted Commission on FCC Form 330 with a access to an ITFS channel of a wireless copy simultaneously served on the cable licensee, the wireless cable li- wireless cable licensee. An applicant censee will be required to pay half of for access must fill out sections I, II, the cost of five standard receive sites III and IV of the ITFS application on that channel. The wireless cable en- Form 330. Section I, question 1 should tity may, at its option, pay the costs of be answered by spelling out, ‘‘For ac- an application and facility construc- cess to existing facilities.’’ Section I, tion for such ITFS entity on other question 2b should include the name of available ITFS channels, including half the wireless cable licensee or appli- of the cost of five receive sites per cant. A cover letter must clearly indi- channel.

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(f) An instructional television fixed Subparts J—K [Reserved] service entity granted access to in- structional television fixed service Subpart L—FM Broadcast Trans- channels licensed to a wireless cable lator Stations and FM Broad- entity will have the interference pro- cast Booster Stations tection afforded ITFS licensees (see § 74.903 of this part). SOURCE: 35 FR 15388, Oct. 2, 1970, unless (g) After three years of operation, a otherwise noted. wireless cable entity licensed to use ITFS channels will not be required to § 74.1201 Definitions. grant new or additional access to such (a) FM translator. A station in the ITFS channels, or provide any alter- broadcasting service operated for the native facilities to any ITFS entity purpose of retransmitting the signals seeking access to its facilities, if there of an FM radio broadcast station or an- are suitable ITFS frequencies available other FM broadcast translator station for the ITFS entity to build its own without significantly altering any system. characteristics of the incoming signal (h) The parties may mutually agree other than its frequency and ampli- to modify any requirements or obliga- tude, in order to provide FM broadcast tions imposed by these provisions, ex- service to the general public. cept for the requirement that an edu- (b) Commercial FM translator. An FM cational entity use at least 20 hours broadcast translator station which re- per week on a channel of a wireless broadcasts the signals of a commercial FM radio broadcast station. cable licensee before requesting access (c) Noncommercial FM translator. An to an additional channel. FM broadcast translator station which [56 FR 57821, Nov. 14, 1991] rebroadcasts the signals of a non- commercial educational FM radio § 74.996 Applicability of cable EEO re- broadcast station. quirements to ITFS facilities. (d) Primary station. The FM radio Notwithstanding other EEO provi- broadcast station radiating the signals sions within §§ 1.815 and 21.307 of this which are retransmitted by an FM broadcast translator station or an FM chapter, an entity that uses an owned broadcast booster station. or leased MDS, MMDS and/or ITFS fa- (e) FM radio broadcast station. When cility to provide more than one chan- used in this Subpart L, the term FM nel of video programming directly to broadcast station or FM radio broad- the public must comply with the equal cast station refers to commercial and employment opportunity requirements noncommercial educational FM radio set forth in part 76, subpart E of this broadcast stations as defined in § 2.1 of chapter, if such entity exercises con- this chapter, unless the context indi- trol (as defined in part 76, subpart E of cates otherwise. this chapter) over the video program- (f) FM broadcast booster station. A sta- ming it distributes. With respect to the tion in the broadcasting service oper- use of an ITFS facility, the EEO provi- ated for the sole purpose of retransmit- sions set forth in part 76, subpart E do ting the signals of an FM radio broad- not apply to an accredited institution cast station, by amplifying and re- or government organization engaged in radiating such signals, without signifi- the formal education of enrolled stu- cantly altering any characteristic of dents or to a nonprofit organization the incoming signal other than its am- whose purposes are educational and in- plitude. clude providing educational and in- (g) Translator coverage contour. The structional television material to such coverage contour for an FM translator accredited institutions and govern- providing ‘‘fill-in’’ service is congruent with its parent station: For a fill-in mental organizations. translator for a commercial Class B [58 FR 42250, Aug. 9, 1993] station it is the predicted 0.5 mV/m

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field strength contour; for a fill-in (1) Commercial FM translators: Chan- translator for a commercial Cass B1 nels 221–300 as identified in § 73.201 of station it is the predicted 0.7 mV/m this chapter. field strength contour; and for a fill-in (2) Noncommercial FM translators: translator for all other classes of com- Channels 201–300 as identified in § 73.201 mercial stations as well as all non- of this chapter. Use of reserved chan- commercial educational stations it is nels 201–220 is subject to the restric- the predicted 1 mV/m field strength tions specified in § 73.501 of this chap- contour. A fill-in FM translator’s cov- ter. erage contour must be contained with- (3) In Alaska, FM translators operat- in the primary station’s coverage con- ing on Channels 201–260 (88.1–99.9 MHz) tour. The protected contour for an FM shall not cause harmful interference to translator station is its predicted 1 and must accept interference from non- mV/m contour. Government fixed operations author- ized prior to January 1, 1982. (h) Fill-in area. The area where the (c) An FM broadcast booster station coverage contour of an FM translator will be assigned the channel assigned or booster station is within the pro- to its primary station. tected contour of the associated pri- mary station (i.e., predicted 0.5 mV/m [35 FR 15388, Oct. 2, 1970, as amended at 39 FR contour for commercial Class B sta- 12990, Apr. 10, 1974; 47 FR 30068, July 12, 1982; tions, predicted 0.7 mV/m contour for 52 FR 8260, Mar. 17, 1987; 55 FR 50693, Dec. 10, 1990] commercial Class B1 stations, and pre- dicted 1 mV/m contour for all other § 74.1203 Interference. classes of stations). (a) An authorized FM translator or (i) Other area. The area where the booster station will not be permitted coverage contour of an FM translator to continue to operate if it causes any station extends beyond the protected actual interference to: contour of the primary station (i.e., (1) The transmission of any author- predicted 0.5 mV/m contour for com- ized broadcast station; or mercial Class B stations, predicted 0.7 (2) The reception of the input signal mV/m contour for commercial Class B1 of any TV translator, TV booster, FM stations, and predicted 1 mV/m contour translator or FM booster station; or for all other classes of stations). (3) The direct reception by the public [35 FR 15388, Oct. 2, 1970, as amended at 45 FR of the off-the-air signals of any author- 37842, June 5, 1980; 52 FR 31405, Aug. 20, 1987; ized broadcast station including TV 55 FR 50693, Dec. 10, 1990] Channel 6 stations, Class D (secondary) noncommercial educational FM sta- § 74.1202 Frequency assignment. tions, and previously authorized and operating FM translators and FM (a) An applicant for a new FM broad- booster stations. Interference will be cast translator station or for changes considered to occur whenever reception in the facilities of an authorized trans- of a regularly used signal is impaired lator station shall endeavor to select a by the signals radiated by the FM channel on which its operation is not translator or booster station, regard- likely to cause interference to the re- less of the quality of such reception, ception of other stations. The applica- the strength of the signal so used, or tion must be specific with regard to the the channel on which the protected sig- frequency requested. Only one output nal is transmitted. channel will be assigned to each trans- (b) If interference cannot be properly lator station. eliminated by the application of suit- (b) Subject to compliance with all able techniques, operation of the of- the requirements of this subpart, FM fending FM translator or booster sta- broadcast translators may be author- tion shall be suspended and shall not be ized to operate on the following FM resumed until the interference has channels, regardless of whether they been eliminated. Short test trans- are assigned for local use in the FM missions may be made during the pe- Table of Allotments (§ 73.202(b) of this riod of suspended operation to check chapter): the efficacy of remedial measures. If a

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complainant refuses to permit the FM filing if the proposed operation would translator or booster licensee to apply involve overlap of predicted field remedial techniques which demon- strength contours with any other au- strably will eliminate the interference thorized station, including commercial without impairment to the original re- and noncommercial educational FM ception, the licensee of the FM trans- broadcast stations, FM translators and lator or booster station is absolved of Class D (secondary) noncommercial further responsibility for that com- educational FM stations, as set forth plaint. below: (c) An FM booster station will be ex- (1) Commercial Class B FM Stations empted from the provisions of para- (Protected Contour: 0.5 mV/m) graphs (a) and (b) of this section to the extent that it may cause limited inter- Fre- Interference contour of Protected contour of quency proposed translator sta- commercial Class B ference to its primary station’s signal, separa- tion station provided it does not disrupt the existing tion service of its primary station or cause Co- 0.05 mV/m (34 dBu) 0.5 mV/m (54 dBu). such interference within the bound- chan- aries of the principal community of its nel. 200 kHz 0.25 mV/m (48 dBu) 0.5 mV/m (54 dBu). primary station. 400 kHz 5.00 mV/m (74 dBu) 0.5 mV/m (54 dBu). (d) A fill-in FM translator operating 600 kHz 50.0 mV/m (94 dBu) 0.5 mV/m (54 dBu). on the first, second or third adjacent channel to its primary station’s chan- (2) Commercial Class B1 FM Stations nel will be exempt from the provisions (Protected Contour: 0.7 mV/m) of paragraphs (a) and (b) of this section Fre- to the extent that it may cause limited Interference contour of Protected contour of quency proposed translator sta- commercial Class B1 interference to its primary station’s separa- tion tion station signal, provided it does not disrupt the existing service of its primary station Co- 0.07 mV/m (37 dBu) 0.7 mV/m (57 dBu). or cause such interference within the chan- nel. boundaries of the principal community 200 kHz 0.35 mV/m (51 dBu) 0.7 mV/m (57 dBu). of its primary station. 400 kHz 7.00 mV/m (77 dBu) 0.7 mV/m (57 dBu). (e) It shall be the responsibility of 600 kHz 70.0 mV/m (97 dBu) 0.7 mV/m (57 dBu). the licensee of an FM translator or FM booster station to correct any condi- (3) All Other Classes of FM Stations tion of interference which results from (Protected Contour: 1 mV/m the radiation of radio frequency energy Fre- by its equipment on any frequency out- quency Interference contour of Protected contour of separa- proposed translator sta- any other station side the assigned channel. Upon notice tion tion by the Commission to the station li- censee that such interference is being Co- 0.1 mV/m (40 dBu) 1 mV/m (60 dBu). chan- caused, the operation of the FM trans- nel. lator or FM booster station shall be 200 kHz 0.5 mV/m (54 dBu) 1 mV/m (60 dBu). suspended within three minutes and 400 kHz 10 mV/m (80 dBu) 1 mV/m (60 dBu). 600 kHz 100 mV/m (100 dBu) 1 mV/m (60 dBu). shall not be resumed until the inter- ference has been eliminated or it can (b) The following standards must be be demonstrated that the interference used to compute the distances to the is not due to spurious emissions by the pertinent contours: FM translator or FM booster station; (1) The distances to the protected provided, however, that short test trans- contours are computed using Figure 1 missions may be made during the pe- of § 73.333 [F(50,50) curves] of this chap- riod of suspended operation to check ter. the efficacy of remedial measures. (2) The distances to the interference [55 FR 50693, Dec. 10, 1990, as amended at 60 contours are computed using Figure 1a FR 55484, Nov. 1, 1995] of § 73.333 [F(50,10) curves] of this chap- ter. In the event that the distance to § 74.1204 Protection of FM broadcast the contour is below 16 kilometers (ap- stations and FM translators. proximately 10 miles), and therefore (a) An application for an FM trans- not covered by Figure 1a, curves in lator station will not be accepted for Figure 1 must be used.

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(3) The effective radiated power field strength contour of the FM trans- (ERP) to be used is the maximum ERP lator station will overlap a populated of the main radiated lobe in the perti- area already receiving a regularly used, nent azimuthal direction. If the trans- off-the-air signal of any authorized co- mitting antenna is not horizontally po- channel, first, second or third adjacent larized only, either the vertical compo- channel broadcast station, including nent or the horizontal component of Class D (secondary) noncommercial the ERP should be used, whichever is educational FM stations and grant of greater in the pertinent azimuthal di- the authorization will result in inter- rection. ference to the reception of such signal. (4) The antenna height to be used is (g) An application for an FM trans- the height of the radiation center lator or an FM booster station that is above the average terrain along each 53 or 54 channels removed from an FM pertinent radial, determined in accord- radio broadcast station will not be ac- ance with § 73.313(d) of this chapter. cepted for filing if it fails to meet the (c) An application for a change (other required separation distances set out in than a change in channel) in the au- § 73.207 of this chapter. For purposes of thorized facilities of an FM translator determining compliance with § 73.207 of station will be accepted even though this chapter, translator stations will be overlap of field strength contours treated as Class A stations and booster would occur with another station in an stations will be treated the same as area where such overlap does not al- their FM radio broadcast station ready exist, if: equivalents. FM radio broadcast sta- (1) The total area of overlap with tion equivalents will be determined in that station would not be increased: accordance with §§ 73.210 and 73.211 of (2) The area of overlap with any this chapter, based on the booster sta- other station would not increase; tion’s ERP and HAAT. Provided, how- (3) The area of overlap does not move ever, that FM translator stations and significantly closer to the station re- booster stations operating with less ceiving the overlap; and, than 100 watts ERP will be treated as (4) No area of overlap would be cre- class D stations and will not be subject ated with any station with which the to separation overlap does not now exist. requirements. (d) The provisions of this section con- cerning prohibited overlap will not (h) An application for an FM trans- apply where the area of such overlap lator station will not be accepted for lies entirely over water. In addition, an filing if it specifies a location within application otherwise precluded by this 320 kilometers (approximately 199 section will be accepted if it can be miles) of either the Canadian or Mexi- demonstrated that no actual inter- can borders and it does not comply ference will occur due to intervening with § 74.1235(d) of this part. terrain, lack of population or such (i) FM booster stations shall be sub- other factors as may be applicable. ject to the requirement that the signal (e) The provisions of this section will of any first adjacent channel station not apply to overlap between a pro- must exceed the signal of the booster posed fill-in FM translator station and station by 6 dB at all points within the its primary station operating on a protected contour of any first adjacent first, second or third adjacent channel, channel station, except that in the case provided That such operation may not of FM stations on adjacent channels at result in interference to the primary spacings that do not meet the mini- station within its principal commu- mum distance separations specified in nity. § 73.207 of this chapter, the signal of (f) An application for an FM trans- any first adjacent channel station lator station will not be accepted for must exceed the signal of the booster filing even though the proposed oper- by 6 dB at any point within the pre- ation would not involve overlap of field dicted interference free contour of the strength contours with any other sta- adjacent channel station. tion, as set forth in paragraph (a) of (j) FM translator stations authorized this section, if the predicted 1 mV/m prior to June 1, 1991 with facilities that

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do not comply with the predicted inter- nels 201–220 and located at 0.4 kilo- ference protection provisions of this meter (approximately 0.25 mile) or less section, may continue to operate, pro- from a TV Channel 6 station will be ac- vided that operation is in conformance cepted if it includes a certification with § 74.1203 regarding actual inter- that the applicant has coordinated its ference. Applications for major antenna with the affected TV station. changes in FM translator stations (c) Contour overlap. Except as pro- must specify facilities that comply vided in paragraph (b) of this section, with provisions of this section. an application for a noncommercial [55 FR 50694, Dec. 10, 1990, as amended at 56 educational FM translator station op- FR 56170, Nov. 1, 1991; 58 FR 42025, Aug. 6, erating on Channels 201–220 will not be 1993] accepted if the proposed operation would involve overlap of its inter- § 74.1205 Protection of channel 6 TV ference field strength contour with any broadcast stations. TV Channel 6 station’s Grade B con- The provisions of this section apply tour, as set forth below. to all applications for construction per- (1) The distances to the TV Channel 6 mits for new or modified facilities for a station Grade B (47 dBu) field strength noncommercial educational FM trans- contour will be predicted according to lator station on Channels 201–220, un- the procedures specified in § 73.684 of less the application is accompanied by this chapter, using the F(50,50) curves a written agreement between the NCE– in § 73.699, Figure 9 of this chapter. FM translator applicant and each af- (2) The distances to the applicable fected TV Channel 6 broadcast station noncommercial educational FM trans- licensee or permittee concurring with lator interference contour will be pre- the proposed NCE–FM translator facil- dicted according to the procedures ity. specified in § 74.1204(b) of this part. (a) An application for a construction (3) The applicable noncommercial permit for new or modified facilities educational FM translator interference for a noncommercial educational FM contours are as follows: translator station operating on Chan- Interference nels 201–220 must include a showing Contour that demonstrates compliance with FM channel F(50,10) curves paragraph (b), (c) or (d) of this section (dBu) if it is within the following distances of 201 ...... 54 a TV broadcast station which is au- 202 ...... 56 thorized to operate on Channel 6. 203 ...... 59 204 ...... 62 FM Channel Distance 205 ...... 64 (kilometers) 206 ...... 69 207 ...... 73 201 ...... 148 208 ...... 73 202 ...... 146 209 ...... 73 203 ...... 143 210 ...... 73 204 ...... 141 211 ...... 73 205 ...... 140 212 ...... 74 206 ...... 137 213 ...... 75 207 ...... 135 214 ...... 77 208 ...... 135 215 ...... 78 209 ...... 135 216 ...... 80 210 ...... 135 217 ...... 81 211 ...... 135 218 ...... 85 212 ...... 135 219 ...... 88 213 ...... 135 220 ...... 90 214 ...... 134 215 ...... 134 216 ...... 133 (d) FM translator stations authorized 217 ...... 133 prior to June 1, 1991 with facilities that 218 ...... 132 do not comply with the predicted inter- 219 ...... 132 220 ...... 131 ference protection provisions of this section, may continue to operate, pro- (b) Collocated stations. An application vided that operation is in conformance for a noncommercial educational FM with § 74.1203 regarding actual inter- translator station operating on Chan- ference. Applications for major

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changes in FM translator stations § 74.1231(b)(2) (i) or (ii) of this section; must specify facilities that comply or, with the provisions of this section. (iv) The application is filed after Oc- tober 1, 1992. [55 FR 50695, Dec. 10, 1990, as amended at 58 FR 42025, Aug. 6, 1993] (2) If the transmitter site of the pro- posed FM translator station is more § 74.1231 Purpose and permissible than 80 kilometers from the predicted 1 service. mV/m contour of the primary station to be rebroadcast or is within 160 kilo- (a) FM translators provide a means meters of the transmitter site of any whereby the signals of FM broadcast authorized full service noncommercial stations may be retransmitted to areas educational FM station, the applicant in which direct reception of such FM must show that: broadcast stations is unsatisfactory (i) An alternative frequency can be due to distance or intervening terrain used at the same site as the proposed barriers. FM translator’s transmitter location (b) An FM translator may be used for and can provide signal coverage to the the purpose of retransmitting the sig- same area encompassed by the appli- nals of a primary FM radio broadcast cant’s proposed 1 mV/m contour; or, station or another translator station (ii) An alternative frequency can be the signal of which is received directly used at a different site and can provide through space, converted, and suitably signal coverage to the same area en- amplified. However, an FM translator compassed by the applicant’s proposed providing fill-in service may use any 1 mV/m contour. terrestrial facilities to receive the sig- nal that is being rebroadcast. An FM NOTE: For paragraphs 74.1231(b) and booster station or a noncommercial 74.1231(h) of this section, auxiliary intercity educational FM translator station that relay station frequencies may be used to de- liver signals to FM translator and booster is operating on a reserved channel stations on a secondary basis only. Such use (Channels 201–220) and is owned and op- shall not interfere with or otherwise pre- erated by the licensee of the primary clude use of these frequencies for transmit- noncommercial educational station it ting aural programming between the studio rebroadcasts may use alternative sig- and transmitter location of a broadcast sta- nal delivery means, including, but not tion, or between broadcast stations, as pro- limited to, satellite and terrestrial vided in paragraphs 74.531 (a) and (b) of this microwave facilities. Provided, how- part. Prior to filing an application for an auxiliary intercity relay microwave fre- ever, that an applicant for a non- quency, the applicant shall notify the local commercial educational translator op- frequency coordination committee, or, in the erating on a reserved channel (Channel absence of a local frequency coordination 201–220) and owned and operated by the committee, any licensees assigned the use of licensee of the primary noncommercial the proposed operating frequency in the in- educational FM station it rebroadcasts tended location or area of operation. complies with either paragraph (b)(1) (c) The transmissions of each FM or (b)(2) of this section: translator or booster station shall be (1) The applicant demonstrates that: intended only for direct reception by (i) The transmitter site of the pro- the general public. An FM translator posed FM translator station is within or booster shall not be operated solely 80 kilometers of the predicted 1 mV/m for the purpose of relaying signals to contour of the primary station to be one or more fixed received points for rebroadcast; or, retransmission, distribution, or further (ii) The transmitter site of the pro- relaying in order to establish a point- posed FM translator station is more to-point FM radio relay system. than 160 kilometers from the transmit- (d) The technical characteristics of ter site of any authorized full service the retransmitted signals shall not be noncommercial educational FM sta- deliberately altered so as to hinder re- tion; or, ception on conventional FM broadcast (iii) The application is mutually ex- receivers. clusive with an application containing (e) An FM translator shall not delib- the showing as required by erately retransmit the signals of any

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station other than the station it is au- to retransmit only the signals of its thorized to retransmit. Precautions primary station which have been re- shall be taken to avoid unintentional ceived directly through space and suit- retransmission of such other signals. ably amplified, or received by alter- (f) A locally generated radio fre- native signal delivery means including, quency signal similar to that of an FM but not limited to, satellite and terres- broadcast station and modulated with trial microwave facilities. The FM aural information may be connected to booster station shall not retransmit the input terminals of an FM trans- the signals of any other station nor lator for the purpose of transmitting make independent transmissions, ex- voice announcements. The radio fre- cept that locally generated signals may quency signals shall be on the same be used to excite the booster apparatus channel as the normally used off-the- for the purpose of conducting tests and air signal being rebroadcast. Connec- measurements essential to the proper tion of the locally generated signals installation and maintenance of the ap- shall be made by any automatic means paratus. when transmitting originations con- NOTE: In the case of an FM broadcast sta- cerning financial support. The connec- tion authorized with facilities in excess of tions for emergency transmissions may those specified by § 73.211 of this chapter, an be made manually. The apparatus used FM booster station will only be authorized to generate the local signal that is within the protected contour of the class of used to modulate the FM translator station being rebroadcast as predicted on the must be capable of producing an aural basis of the maximum powers and heights set signal which will provide acceptable re- forth in that section for the applicable class ception on FM receivers designed for of FM broadcast station concerned. the transmission standards employed [35 FR 15388, Oct. 2, 1970, as amended at 45 FR by FM broadcast stations. 37842, June 5, 1980; 52 FR 31406, Aug. 20, 1987; (g) The aural material transmitted as 53 FR 14803, Apr. 26, 1988; 54 FR 35342, Aug. 25, permitted in paragraph (f) of this sec- 1989; 55 FR 50695, Dec. 10, 1990; 57 FR 41111, tion shall be limited to emergency Sept. 9, 1992; 58 FR 42026, Aug. 6, 1993; 63 FR warnings of imminent danger and to 33879, June 22, 1998] seeking or acknowledging financial support deemed necessary to the con- § 74.1232 Eligibility and licensing re- tinued operation of the translator. quirements. Originations concerning financial sup- (a) Subject to the restrictions set port are limited to a total of 30 seconds forth in paragraph (d) of this section, a an hour. Within this limitation the license for an FM broadcast translator length of any particular announcement station may be issued to any qualified will be left to the discretion of the individual, organized group of individ- translator station licensee. Solicita- uals, broadcast station licensee, or tions of contributions shall be limited local civil governmental body, upon an to the defrayal of the costs of installa- appropriate showing that plans for fi- tion, operation and maintenance of the nancing the installation and operation translator or acknowledgements of fi- of the translator are sufficiently sound nancial support for those purposes. to assure prompt construction of the Such acknowledgements may include translator and dependable service. identification of the contributors, the (b) More than one FM translator may size or nature of the contributions and be licensed to the same applicant, advertising messages of contributors. whether or not such translators serve Emergency transmissions shall be no substantially the same area, upon an longer or more frequent than necessary appropriate showing of technical need to protect life and property. for such additional stations. FM trans- (h) FM broadcast booster stations lators are not counted as FM stations provide a means whereby the licensee for the purpose of § 73.3555 of this chap- of an FM broadcast station may pro- ter concerning multiple ownership.

vide service to areas in any region NOTE: As used in this section need refers to within the primary station’s predicted, the quality of the signal received and not to authorized service contours. An FM the programming content, format, or trans- broadcast booster station is authorized mission needs of an area.

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(c) Only one input and one output tends beyond the protected contour of channel will be assigned to each FM the primary station, may continue to translator. Additional FM translators be owned by a commercial FM radio may be authorized to provide addi- broadcast station until June 1, 1994. tional reception. A separate applica- Thereafter, any such FM translator tion is required for each FM translator station must be owned by independent and each application shall be complete parties. in all respects. (e) An FM translator station whose (d) An authorization for an FM trans- coverage contour goes beyond the pro- lator whose coverage contour extends tected contour of the commercial pri- beyond the protected contour of the mary station shall not receive any sup- commercial primary station will not be port, before or after construction, ei- granted to the licensee or permittee of ther directly or indirectly, from the a commercial FM radio broadcast sta- commercial primary FM radio broad- tion. Similarly, such authorization will cast station. Such support also may not be granted to any person or entity not be received from any person or en- having any interest whatsoever, or any tity having any interest whatsoever, or connection with a primary FM station. any connection with the primary FM Interested and connected parties ex- station. Interested and connected par- tend to group owners, corporate par- ties extend to group owners, corporate ents, shareholders, officers, directors, parents, shareholders, officers, direc- employees, general and limited part- tors, employees, general and limited ners, family members and business as- sociates. For the purposes of this para- partners, family members and business graph, the protected contour of the pri- associates. Such an FM translator sta- mary station shall be defined as fol- tion may, however, receive technical lows: the predicted 0.5mV/m contour assistance from the primary station to for commercial Class B stations, the the extent of installing or repairing predicted 0.7 mV/m contour for com- equipment or making adjustments to mercial Class B1 stations and the pre- equipment to assure compliance with dicted 1 mV/m field strength contour the terms of the translator station’s for all other FM radio broadcast sta- construction permit and license. FM tions. The contours shall be as pre- translator stations in operation prior dicted in accordance with § 73.313(a) to March 1, 1991 may continue to re- through (d) of this chapter. In the case ceive contributions or support from the of an FM radio broadcast station au- commercial primary station for the op- thorized with facilities in excess of eration and maintenance of the trans- those specified by§ 73.211 of this chap- lator station until March, 1, 1994. ter, a co-owned commercial FM trans- Thereafter, any such FM translator lator will only be authorized within the station shall be subject to the prohibi- protected contour of the class of sta- tions on support contained in this sec- tion being rebroadcast, as predicted on tion. Such an FM translator station the basis of the maximum powers and may, however, receive technical assist- heights set forth in that section for the ance from the primary station to the applicable class of FM broadcast sta- extent of installing or repairing equip- tion concerned. An FM translator sta- ment or making adjustments to equip- tion in operation prior to March 1, 1991, ment to assure compliance with the which is owned by a commercial FM terms of the translator station’s con- (primary) station and whose coverage struction permit and license. FM trans- contour extends beyond the protected lator stations in operation prior to contour of the primary station, may June 1, 1991 may continue to receive continue to be owned by such primary contributions or support from a com- station until March 1, 1994. Thereafter, mercial FM radio broadcast station for any such FM translator station must the operation and maintenance of the be owned by independent parties. An translator station until June 1, 1994. FM translator station in operation Thereafter, any such FM translator prior to June 1, 1991, which is owned by station shall be subject to the prohibi- a commercial FM radio broadcast sta- tions on support contained in this sec- tion and whose coverage contour ex- tion.

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NOTE: ‘‘Technical assistance’’ refers to ac- crease (but not decrease) in area to be tual services provided by the primary sta- served greater than ten percent of the tion’s technical staff or compensation for the previously authorized 1 mV/m contour. time and services provided by independent All other changes will be considered engineering personnel. Conversely, such sup- port must not include the supply of equip- minor. All major changes are subject ment or direct funding for the translator’s to the provisions of §§ 73.3580 and 1.1104 discretionary use. ‘‘Technical assistance’’ of this chapter pertaining to major must occur after the issuance of the trans- changes. lator’s construction permit or license in (2) In the second group are applica- order to meet expenses incurred by install- tions for licenses and all other changes ing, repairing, or making adjustments to equipment. in the facilities of the authorized sta- tion. (f) An FM broadcast booster station (b) Applications for booster stations will be authorized only to the licensee and reserved-band FM translator sta- or permittee of the FM radio broadcast tions will be processed as nearly as pos- station whose signals the booster sta- sible in the order in which they are tion will retransmit, to serve areas filed. Such applications will be placed within the protected contour of the pri- in the processing line in numerical se- mary station, subject to Note, quence, and will be drawn by the staff § 74.1231(h) of this part. for study, the lowest file number first. (g) No numerical limit is placed upon In order that those applications which the number of FM booster stations are entitled to be grouped for process- which may be licensed to a single li- ing may be fixed prior to the time proc- censee. A separate application is re- essing of the earliest filed application quired for each FM booster station. FM is begun, the FCC will periodically re- broadcast booster stations are not lease a Public Notice listing reserved- counted as FM broadcast stations for band applications that have been ac- the purposes of § 73.5555 of this chapter cepted for filing and announcing a date concerning multiple ownership. (not less than 30 days after publication) (h) Any authorization for an FM on which the listed applications will be translator station issued to an appli- considered available and ready for cant described in paragraphs (d) and (e) processing and by which all mutually of this section will be issued subject to exclusive applications and/or petitions the condition that it may be termi- to deny the listed applications must be nated at any time, upon not less than filed. sixty (60) days written notice, where the circumstances in the community or (c) In the case of an application for area served are so altered as to have an instrument of authorization, other prohibited grant of the application had than a license pursuant to a construc- such circumstances existed at the time tion permit, grant will be based on the of its filing. application, the pleadings filed, and such other matters that may be offi- [35 FR 15388, Oct. 2, 1970, as amended at 43 FR cially noticed. Before a grant can be 14660, Apr. 7, 1978; 52 FR 10571, Apr. 2, 1987; 52 made it must be determined that: FR 31406, Aug. 20, 1987; 55 FR 50696, Dec. 10, 1990; 58 FR 42026, Aug. 6, 1993] (1) There is not pending a mutually exclusive application filed in accord- § 74.1233 Processing FM translator and ance with paragraph (b) of this section. booster station applications. (2) The applicant is legally, tech- (a) Applications for FM translator nically, financially and otherwise and booster stations are divided into qualified; two groups: (3) The applicant is not in violation (1) In the first group are applications of any provisions of law, the FCC rules, for new stations or for major changes or established policies of the FCC; and in the facilities of authorized stations. (4) A grant of the application would In the case of FM translator stations, a otherwise serve the public interest, major change is any change in fre- convenience and necessity. quency (output channel), or change (d) Processing non-reserved band FM (only the gain should be included in de- translator applications. (1) Applica- termining amount of change) or in- tions for minor modifications for non-

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reserved FM translator stations, as de- filing period or ‘‘window’’ which are fined in paragraph (a)(2) of this section, found to be mutually exclusive; may be filed at any time, unless re- (ii) Establishing a date, time and stricted by the FCC, and, generally, place for an auction; will be processed in the order in which (iii)Providing information regarding they are tendered. The FCC will peri- the methodology of competitive bid- odically release a Public Notice listing ding to be used in the upcoming auc- those applications accepted for filing. tion, bid submission and payment pro- All minor modification applications cedures, upfront payment procedures, found to be mutually exclusive, must upfront payment deadlines, minimum be resolved through settlement or tech- opening bid requirements and applica- nical amendment. ble reserve prices in accordance with (2)(i) The FCC will specify by Public the provisions of § 73.5002; Notice, pursuant to § 73.5002(a), a period (iv) Identifying applicants who have for filing non-reserved band FM trans- submitted timely upfront payments lator applications for a new station or and, thus, are qualified to bid in the for major modifications in the facili- auction. ties of an authorized station. FM trans- (4) If, during the window filing pe- lator applications for new facilities or riod, the FCC receives non-mutually for major modifications will be accept- ed only during these specified periods. exclusive applications for a non-re- Applications submitted prior to the served FM translator station, a Public window opening date identified in the Notice will be released identifying the Public Notice will be returned as pre- non-mutually exclusive applicants, mature. Applications submitted after who will be required to submit the ap- the specified deadline will be dismissed propriate long form application within with prejudice as untimely. 30 days of the Public Notice and pursu- (ii) Such FM translator applicants ant to the provisions of § 73.5005. These will be subject to the provisions of non-mutually exclusive applications §§ 1.2105 and 73.5002(a) regarding the will be processed and the FCC will peri- submission of the short-form applica- odically release a Public Notice listing tion, FCC Form 175, and all appropriate such non-mutually exclusive applica- certifications, information and exhib- tions determined to be acceptable for its contained therein. To determine filing and announcing a date by which which FM translator applications are petitions to deny must be filed in ac- mutually exclusive, FM translator ap- cordance with the provisions of plicants must submit the engineering §§ 73.5006 and 73.3584 of this chapter. If data contained in FCC Form 349 as a the applicants are duly qualified, and supplement to the short-form applica- upon examination, the FCC finds that tion. Such engineering data will not be the public interest, convenience and studied for technical acceptability, but necessity will be served by the grant- will be protected from subsequently ing of the non-mutually exclusive long- filed applications as of the close of the form application, the same will be window filing period. Determinations granted. as to the acceptability or grantability (5)(i) The auction will be held pursu- of an applicant’s proposal will not be ant to the procedures set forth in made prior to an auction. § 1.2101. Subsequent to the auction, the (iii) FM translator applicants will be FCC will release a Public Notice an- subject to the provisions of § 1.2105 re- nouncing the close of the auction and garding the modification and dismissal identifying the winning bidders. Win- of their short-form applications. ning bidders will be subject to the pro- (iv) Consistent with § 1.2105(a), begin- visions of § 1.2107 regarding down pay- ning January 1, 1999, all short-form ap- ments and will be required to submit plications must be filed electronically. the appropriate down payment within (3) Subsequently, the FCC will re- 10 business days of the Public Notice. lease Public Notices: Pursuant to § 1.2107, a winning bidder (i) Identifying the short-form appli- that meets its down payment obliga- cations received during the appropriate tions in a timely manner must, within

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30 days of the release of the public no- (2) Where applications for FM trans- tice announcing the close of the auc- lator stations are mutually exclusive tion, submit the appropriate long-form and do not involve a proposal to pro- application for each construction per- vide fill-in service of commonly owned mit for which it was the winning bid- primary stations, the FCC may stipu- der. Long-form applications filed by late different frequencies as necessary winning bidders shall include the ex- for the applicants. hibits identified in § 73.5005. (3) Where there are no available fre- (ii) These applications will be proc- quencies to substitute for a mutually essed and the FCC will periodically re- exclusive application, the FCC will lease a Public Notice listing such ap- base its decision on the following prior- plications that have been accepted for ities: filing and announcing a date by which (i) First-full-time aural services; petitions to deny must be filed in ac- (ii) Second full-time aural services; cordance with the provisions of § 73.3584 and of this chapter. If the applicants are (iii) Other public interest matters in- duly qualified, and upon examination, cluding, but not limited to the number the FCC finds that the public interest, of aural services received in the pro- convenience and necessity will be posed service area, the need for or lack served by the granting of the winning of , and other mat- bidder’s long-form application, a Pub- ters such as the relative size of the pro- lic Notice will be issued announcing posed communities and the growth that the construction permit is ready rate. to be granted. Each winning bidder (4) Where the procedures in para- shall pay the balance of its winning bid graphs (e)(1), (e)(2) and (e)(3) of this in a lump sum within 10 business days section fail to resolve the mutual ex- after release of the Public Notice, as clusivity, the applications will be proc- set forth in § 1.2109(a). Construction essed on a first-come-first-served basis. permits will be granted by the Commis- sion following the receipt of the full [63 FR 48632, Sept. 11, 1998] payment. EFFECTIVE DATE NOTE: At 63 FR 48632, (iii) All long-form applications will Sept. 11, 1998, § 74.1233 was revised, effective be cut-off as of the date of filing with Nov. 10, 1998. For the convenience of the the FCC and will be protected from user, the superseded text is set forth as fol- subsequently filed long-form translator lows: applications. Applications will be re- § 74.1233 Processing FM translator and quired to protect all previously filed booster station applications. applications. Winning bidders filing (a) Applications for FM translator and long-form applications may change the booster stations are divided into two groups: technical proposals specified in their (1) In the first group are applications for previously submitted short-form appli- new stations or for major changes in the fa- cations, but such change may not con- cilities of authorized stations. In the case of stitute a major change. If the submit- FM translator stations, a major change is ted long-form application would con- any change in frequency (output channel), or stitute a major change from the pro- change (only the gain should be included in posal submitted in the short-form ap- determining amount of change) or increase (but not decrease) in area to be served great- plication or the allotment, the long- er than ten percent of the previously author- form application will be returned pur- ized 1 mV/m contour. All other changes will suant to paragraph (d)(2)(i) of this sec- be considered minor. All major changes are tion. subject to the provisions of §§ 73.3580 and (e) Selection of mutually exclusive 1.1104 of this chapter pertaining to major reserved band FM translator applica- changes. tions. (2) In the second group are applications for (1) Applications for FM translator licenses and all other changes in the facili- ties of the authorized station. stations proposing to provide fill-in (b) Applications for FM translator and service (within the primary station’s booster stations will be processed as nearly protected contour) of the commonly as possible in the order in which they are owned primary station will be given filed. Such applications will be placed in the priority over all other applications. processing line in numerical sequence, and

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will be drawn by the staff for study, the low- ignated person in attendance if the fol- est file number first. In order that those ap- lowing requirements are met: plications which are entitled to be grouped (1) If the transmitter site cannot be for processing may be fixed prior to the time reached promptly at all hours and in processing of the earliest filed application is begun, the FCC will periodically release a all seasons, means shall be provided so Public Notice listing applications which that the transmitting apparatus can be have been accepted for filing and announcing turned on and off at will from a point a date (not less than 30 days after publica- which is readily accessible at all hours tion) on which the listed applications will be and in all seasons. considered available and ready for processing (2) The transmitter shall also be and by which all mutually exclusive applica- equipped with suitable automatic cir- tions and/or petitions to deny the listed ap- cuits which will place it in a nonradiat- plications must be filed. ing condition in the absence of a signal (c) In the case of an application for an in- strument of authorization, other than a li- on the input channel. cense pursuant to a construction permit, (3) The on-and-off control (if at a lo- grant will be based on the application, the cation other than the transmitter site) pleadings filed, and such other matters that and the transmitting apparatus, shall may be officially noticed. Before a grant can be adequately protected against tam- be made it must be determined that: pering by unauthorized persons. (1) There is not pending a mutually exclu- (4) The FCC in Washington, DC, At- sive application filed in accordance with tention: Audio Services Division, Mass paragraph (b) of this section. Media Bureau, shall be supplied by let- (2) The applicant is legally, technically, fi- ter with the name, address, and tele- nancially and otherwise qualified; phone number of a person or persons (3) The applicant is not in violation of any provisions of law, the FCC rules, or estab- who may be contacted to secure sus- lished policies of the FCC; and pension of operation of the translator (4) A grant of the application would other- promptly should such action be deemed wise serve the public interest, convenience necessary by the Commission. Such in- and necessity. formation shall be kept current by the (d) Applications for FM translator stations licensee. proposing to provide fill-in service (within (5) Where the antenna and supporting the primary station’s protected contour) of structure are required to be painted the commonly owned primary station will be and lighted under the provisions of given priority over all other applications. Part 17 of this chapter, the licensee (e) Where applications for FM translator stations are mutually exclusive and do not shall make suitable arrangements for involve a proposal to provide fill-in service the daily inspection and logging of the of a commonly owned primary station, the obstruction lighting and associated FCC may stipulate different frequencies as control equipment as required by necessary for the applicants. §§ 17.47, 17.48, and 17.49 of this chapter. (f) Where there are no available fre- (b) An application for authority to quencies to substitute for a mutually exclu- construct a new station pursuant to sive application, the FCC will base its deci- this subpart or to make changes in the sion on the following priorities: (1) First full- facilities of such a station, which pro- time aural services; (2) second full-time aural services; and (3) other public interest poses unattended operation shall in- matters including, but not limited to the clude an adequate showing as to the number of aural services received in the pro- manner of compliance with this sec- posed service area, the need for or lack of tion. public radio service, and other matters such [35 FR 15388, Oct. 2, 1970, as amended at 37 FR as the relative size of the proposed commu- 18540, Sept. 13, 1972; 38 FR 25992, Sept. 17, nities and their growth rate. 1973; 60 FR 55484, Nov. 1, 1995; 63 FR 33879, (g) Where the procedures in paragraph (d), June 22, 1998] (e) and (f) of this section fail to resolve the mutual exclusivity, the applications will be § 74.1235 Power limitations and an- processed on a first-come-first-served basis. tenna systems. [55 FR 50697, Dec. 10, 1990] (a) An application for an FM trans- lator station filed by the licensee or § 74.1234 Unattended operation. permittee of the primary station to (a) A station authorized under this provide fill-in service within the pri- subpart may be operated without a des- mary station’s coverage area will not

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be accepted for filing if it specifies an Maximum effective radiated power (ERP) which Radial HAAT (meters) ERP (MERP in watts) exceeds 250 watts. (b) An application for an FM trans- 213 to 235 ...... 50 lator station, other than one for fill-in 236 to 260 ...... 41 service which is covered in paragraph 261 to 285 ...... 34 286 to 310 ...... 28 (a) of this section, will not be accepted 311 to 345 ...... 23 for filing if it specifies an effective ra- 346 to 380 ...... 19 diated power (ERP) which exceeds the 381 to 425 ...... 15.5 maximum ERP (MERP) value deter- 426 to 480 ...... 13 mined in accordance with this para- 481 to 540 ...... 11 graph. The antenna height above aver- Greater than or equal to 541 ...... 10 age terrain (HAAT) shall be determined in accordance with § 73.313(d) of this (c) The effective radiated power of chapter for each of 12 distinct radials, FM booster stations shall be limited with each radial spaced 30 degrees such that the predicted service contour apart and with the bearing of the first of the booster station, computed in ac- radial bearing true north. Each raidal cordance with § 73.313 paragraphs (a) HAAT value shall be rounded to the through (d) of this chapter, may not nearest meter. For each of the 12 radial extend beyond the corresponding serv- directions, the MERP is the value cor- ice contour of the primary FM station responding to the calculated HAAT in that the booster rebroadcasts. In no the following tables that is appropriate event shall the ERP of the booster sta- for the location of the translator. For tion exceed 20% of the maximum allow- an application specifying a nondirec- able ERP for the primary station’s tional transmitting antenna, the speci- class. fied ERP must not exceed the smallest (d) Applications for FM translator of the 12 MERP’s. For an application stations located within 320 km of the specifying a directional transmitting Canadian border will not be accepted if antenna, the ERP in each azimuthal di- they specify more than 50 watts effec- rection must not exceed the MERP for tive radiated power in any direction or the closest of the 12 radial directions. have a 34 dBu interference contour, cal- (1) For FM translators located east of culated in accordance with § 74.1204 of the Mississippi River or in Zone I–A as this part, that exceeds 32 km. FM described in § 73.205(b) of this chapter: translator stations located within 320 kilometers of the Mexican border must Maximum be separated from Mexican allotments Radial HAAT (meters) ERP (MERP in watts) and assignments in accordance with § 73.207(b)(3) of this chapter and are lim- Less than or equal to 32 ...... 250 33 to 39 ...... 170 ited to a transmitter power output of 40 to 47 ...... 120 10 watts or less. For purposes of com- 48 to 57 ...... 80 pliance with that section, FM trans- 58 to 68 ...... 55 lators will be considered as Class D FM 69 to 82 ...... 38 83 to 96 ...... 27 stations. 97 to 115 ...... 19 (1) Translator stations located within 116 to 140 ...... 13 125 kilometers of the Mexican border Greater than or equal to 141 ...... 10 may operate with an ERP up to 50 (2) For FM translators located in all watts (0.050 kW) ERP. A booster sta- other areas: tion may not produce a 34 dBu interfer- ing contour in excess of 32 km from the Maximum transmitter site in the direction of the Radial HAAT (meters) ERP (MERP in watts) Mexican border, nor may the 60 dBu service contour of the booster station Less than or equal to 107 ...... 250 exceed 8.7 km from the transmitter site 108 to 118 ...... 205 119 to 130 ...... 170 in the direction of the Mexican border. 131 to 144 ...... 140 (2) Translator stations located be- 145 to 157 ...... 115 tween 125 kilometers and 320 kilo- 158 to 173 ...... 92 174 to 192 ...... 75 meters from the Mexican border may 193 to 212 ...... 62 operate with an ERP in excess of 50

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watts, up to the maximum permitted of a complete proof-of-performance to ERP of 250 watts per § 74.1235(b)(2). establish the horizontal plane radi- However, in no event shall the location ation patterns for both the hori- of the 60 dBu contour lie within 116.3 zontally and vertically polarized radi- km of the Mexican border. ation components; and, (2) must certify (3) Applications for translator or that the relative field strength of nei- booster stations within 320 km of the ther the measured horizontally nor Canadian border may employ an ERP vertically polarized radiation compo- up to a maximum of 250 watts, as speci- nent shall exceed at any azimuth the fied in § 74.1235(a) and (b). The distance value indicated on the composite radi- to the 34 dBu interfering contour may ation pattern authorized by the con- not exceed 60 km in any direction. struction permit. (e) In no event shall a station author- NOTE: Existing licensees and permittees ized under this subpart be operated that do not furnish data sufficient to cal- with a transmitter power output (TPO) culate the contours in conformance with in excess of the transmitter certifi- § 74.1204 will be assigned protected contours cated rating. A station authorized having the following radii: under this subpart for a TPO that is Up to 10 watts—1 mile (1.6 km) from trans- less than its transmitter certificated mitter site. rating shall determine its TPO in ac- Up to 100 watts—2 miles (3.2 km) from cordance with § 73.267 of this chapter transmitter site. Up to 250 watts—4 miles (6.5 km) from and its TPO shall not be more than 105 transmitter site. percent of the authorized TPO. (f) Composite antennas and antenna (j) FM translator stations authorized arrays may be used where the total prior to June 1, 1991, with facilities ERP does not exceed the maximum de- that do not comply with the ERP limi- termined in accordance with para- tation of paragraph (a) or (b) of this graphs (a), (b) or (c) of this section. section, as appropriate, may continue (g) Either horizontal, vertical, cir- to operate, provided that operation is cular or elliptical polarization may be in conformance with § 74.1203 regarding used provided that the supplemental interference. Applications for major vertically polarized ERP required for changes in FM translator stations circular or elliptical polarization does must specify facilities that comply not exceed the ERP otherwise author- with paragraph (a) or (b) of this sec- ized. Either clockwise or counter- tion, as appropriate. clockwise rotation may be used. Sepa- [55 FR 50697, Dec. 10, 1990, as amended at 56 rate transmitting antennas are per- FR 56170, Nov. 1, 1991; 58 FR 42026, Aug. 6, mitted if both horizontal and vertical 1993; 62 FR 51063, Sept. 30, 1997; 63 FR 33879, polarization is to be provided. June 22, 1998; 63 FR 36605, July 7, 1998] (h) All applications must comply EFFECTIVE DATE NOTE: At 63 FR 36605, July with § 73.316, paragraphs (d) and (e) of 7, 1998, in § 74.1235, paragraph (e) was amend- this chapter. ed by removing the term ‘‘type-accepted’’ (i) An application that specifies use and inserting in its place the term ‘‘certifi- of a directional antenna must comply cated’’, effective Oct. 5, 1998. with § 73.316, paragraphs (c)(1) through (c)(3) of this chapter. Prior to issuance § 74.1236 Emission and bandwidth. of a license, the applicant must: (1) (a) The license of a station author- Certify that the antenna is mounted in ized under this subpart allows the accordance with the specific instruc- transmission of either F3 or other tions provided by the antenna manu- types of frequency modulation (see facturer; and (2) certify that the an- § 2.201 of this chapter) upon a showing tenna is mounted in the proper orienta- of need, as long as the emission com- tion. In instances where a directional plies with the following: antenna is proposed for the purpose of (1) For transmitter output powers no providing protection to another facil- greater than 10 watts, paragraphs (b), ity, a condition may be included in the (c), and (d) of this section apply. construction permit requiring that be- (2) For transmitter output powers fore program tests are authorized, a greater than 10 watts, § 73.317 (a), (b), permittee: (1) Must submit the results (c), and (d) apply.

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(b) Standard width FM channels will (d) The transmitting antenna of an be assigned and the transmitting appa- FM booster station shall be located ratus shall be operated so as to limit within the protected contour of its pri- spurious emissions to the lowest prac- mary station, subject to Note, § 74.1231 ticable value. Any emissions including (h). The transmitting antenna of a intermodulation products and radio- commonly owned commercial FM frequency harmonics which are not es- translator station shall be located sential for the transmission of the de- within the protected contour of its sired aural information shall be consid- commercial primary FM station. ered to be spurious emissions. (e) A translator or booster station to (c) The power of emissions appearing be located on an AM antenna tower or outside the assigned channel shall be located within 3.2 km of an AM an- attenuated below the total power of tenna tower must comply with § 73.1692 the emission as follows: of this chapter.

Minimum at- [35 FR 15388, Oct. 2, 1970, as amended at 55 FR tenuation 50698, Dec. 10, 1990; 58 FR 42026, Aug. 6, 1993; Distance of emission from center frequency below 62 FR 51063, Sept. 30, 1997] unmodulated carrier § 74.1250 Transmitters and associated 120 to 240 kHz ...... 25 dB equipment. Over 240 and up to 600 kHz ...... 35 dB (a) FM translator and booster trans- Over 600 kHz ...... 60 dB mitting apparatus, and exciters em- (d) Greater attenuation than that ployed to provide a locally generated specified in paragraph (c) of this sec- and modulated input signal to trans- tion may be required if interference re- lator and booster equipment, used by sults outside the assigned channel. stations authorized under the provi- sions of this subpart must be certifi- [35 FR 15388, Oct. 2, 1970, as amended at 52 FR cated upon the request of any manufac- 31406, Aug. 20, 1987; 55 FR 50698, Dec. 10, 1990] turer of transmitters in accordance with this section and subpart J of part § 74.1237 Antenna location. 2 of this chapter. In addition, FM (a) An applicant for a new station to translator and booster stations may be authorized under this subpart or for use FM broadcast transmitting appara- a change in the facilities of such a sta- tus verified or approved under the pro- tion shall endeavor to select a site visions of part 73 of this chapter. which will provide a line-of-sight (b) Transmitting antennas, antennas transmission path to the entire area used to receive signals to be rebroad- intended to be served and at which cast, and transmission lines are not there is available a suitable signal subject to the requirement for certifi- from the primary station. The trans- cation. mitting antenna should be placed (c) The following requirements must above growing vegetation and trees be met before translator, booster or ex- lying in the direction of the area in- citer equipment will be certificated in tended to be served, to minimize the accordance with this section: possiblity of signal absorption by foli- (1) Radio frequency harmonics and age. spurious emissions must conform with (b) Consideration should be given to the specifications of § 74.1236 of this accessibility of the site at all seasons part. of the year and to the availability of (2) The local oscillator or oscillators, facilities for the maintenance and op- including those in an exciter employed eration of the FM translator. to provide a locally generated and (c) Consideration should be given to modulated input signal to a translator the existence of strong radiofrequency or booster, when subjected to vari- fields from other transmitters at the ations in ambient temperature between translator site and the possibility that minus 30 degrees and plus 50 degrees such fields may result in the retrans- centigrade, and in primary supply volt- mission of signals originating on fre- age between 85 percent and 115 percent quencies other than that of the pri- of the rated value, shall be sufficiently mary station. stable to maintain the output center

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frequency within plus or minus 0.005 (b) Transmitting antennas, antennas used percent of the operating frequency and to receive signals to be rebroadcast, and to enable conformance with the speci- transmission lines are not subject to the re- fications of § 74.1261 of this part. quirement for type acceptance. (c) The following requirements must be (3) The apparatus shall contain auto- met before translator, booster or exciter matic circuits to maintain the power equipment will be notified or type accepted output in conformance with § 74.1235(e) in accordance with this section: of this part. If provision is included for adjusting the power output, then the * * * * * normal operating constants shall be specified for operation at both the § 74.1251 Technical and equipment rated power output and the minimum modifications. power output at which the apparatus is designed to operate. The apparatus (a) No change, either mechanical or shall be equipped with suitable meters electrical, except as provided in part 2 or meter jacks so that the operating of this chapter, may be made in FM constants can be measured while the translator or booster apparatus which apparatus is in operation. has been certificated by the Commis- (4) Apparatus rated for transmitter sion without prior authority of the power output of more than 1 watt shall Commission. be equipped with automatic circuits to (b) Formal application on FCC Form place it in a nonradiating condition 349 is required of all permittees and li- when no input signal is being received censees for any of the following in conformance with § 74.1263(b) of this changes: part and to transmit the call sign in (1) Replacement of the transmitter as conformance with § 74.1283(c)(2) of this a whole, except replacement with a part. transmitter of identical power rating (5) For exciters, automatic means which has been certificated by the FCC shall be provided for limiting the level for use by FM translator or FM booster of the audio frequency voltage applied stations, or any change which could re- to the modulator to ensure that a fre- sult in the electrical characteristics or quency swing in excess of 75 kHz will performance of the station. Upon the not occur under any condition of the installation or modification of the modulation. transmitting equipment for which prior FCC authority is not required [55 FR 50698, Dec. 10, 1990, as amended at 63 under the provisions of this paragraph, FR 36606, July 7, 1998] the licensee shall place in the station EFFECTIVE DATE NOTE: At 63 Fr 36606, Jul 7, records a certification that the new in- 1998, § 74.1250 was amended by revising para- stallation complies in all respects with graphs (a), (b), and (c) introductory text, ef- the technical requirements of this part fective Oct. 5, 1998. For the convenience of and the terms of the station authoriza- the user, the superseded text is set forth as tion. follows: (2) A change in the transmitting an- § 74.1250 Transmitters and associated equip- tenna system, including the direction ment. of radiation or directive antenna pat- (a) FM translator and booster transmitting tern. apparatus, and exciters employed to provide (3) Any change in the overall height a locally generated and modulated input sig- of the antenna structure except where nal to translator and booster equipment, used by stations authorized under the provi- notice to the Federal Aviation Admin- sions of this subpart must be type accepted istration is specifically not required or notified upon the request of any manufac- under § 17.14(b) of this chapter. turer of transmitters in accordance with this (4) Any change in the location of the section and subpart J of part 2 of this chap- translator or booster except a move ter. If acceptable, the apparatus will be in- within the same building or upon the cluded in the FCC’s ‘‘Radio Equipment List, same pole or tower. Equipment Acceptable for Licensing.’’ In ad- dition, FM translator and booster stations (5) Any horizontal change in the loca- may use FM broadcast transmitting appara- tion of the antenna structure which tus notified or type accepted under the pro- would (i) be in excess of 152.4 meters visions of part 73 of this chapter. (500 feet), or (ii) would require notice to

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the Federal Aviation Administration § 74.1262 Frequency monitors and pursuant to § 17.7 of the FCC’s rules. measurements. (6) Any change in the output fre- (a) The licensee of a station author- quency of a translator. ized under this subpart is not required (7) Any change of authorized effective to provide means for measuring the op- radiated power. erating frequency of the transmitter. (8) Any change in area being served. However, only equipment having the (c) Changes in the primary FM sta- required stability will be approved for tion being retransmitted must be sub- use by an FM translator or booster. mitted to the FCC in writing. (b) In the event that a station au- (d) Any application proposing a thorized under this subpart is found to change in the height of the antenna be operating beyond the frequency tol- structure or its location must also in- erance prescribed in § 74.1261, the li- clude the Antenna Structure Registra- censee shall promptly suspend oper- tion Number (FCC Form 854R) of the ation of the station and shall not re- antenna structure upon which it pro- sume operation until the station has poses to locate its antenna. In the been restored to its assigned frequency. event the antenna structure does not Adjustment of the frequency determin- have a Registration Number, either the ing circuits of an FM translator or antenna structure owner shall file FCC booster shall be made by a qualified Form 854 (‘‘Application for Antenna person in accordance with § 74.1250(g). Structure Registration’’) in accordance with part 17 of this chapter or the ap- § 74.1263 Time of operation. plicant shall provide a detailed expla- (a) The licensee of an FM translator nation why registration and clearance or booster station is not required to ad- are not required. here to any regular schedule of oper- [35 FR 15388, Oct. 2, 1970, as amended at 45 FR ation. However, the licensee of an FM 26068, Apr. 17, 1980; 47 FR 24580, June 7, 1982; translator or booster station is ex- 50 FR 3525, Jan. 25, 1985; 50 FR 23710, June 5, pected to provide a dependable service 1985; 55 FR 50698, Dec. 10, 1990; 61 FR 4368, to the extent that such is within its Feb. 6, 1996; 63 FR 33879, June 22, 1998; 63 FR control and to avoid unwarranted 36606, July 7, 1998] interruptions to the service provided. EFFECTIVE DATE NOTE: At 63 FR 36606, July (b) An FM translator or booster sta- 7, 1998, § 74.1251 was amended by removing the tion rebroadcasting the signal of a pri- term ‘‘type accepted’’ and adding in its place mary station shall not be permitted to the term ‘‘certificated’’, and by revising the radiate during extended periods when reference ‘‘§ 2.1001’’ to read ‘‘Part 2’’ in para- signals of the primary station are not graph (a); and by removing the term ‘‘type being retransmitted. accepted’’ and adding in its place the term (c) The licensee of an FM translator ‘‘certificated’’ in paragraph (b)(1), effective or booster station must notify the Oct. 5, 1998. Commission of its intent to dis- § 74.1261 Frequency tolerance. continue operations for 30 or more con- secutive days. Notification must be (a) The licensee of an FM translator made within 10 days of the time the or booster station with an authorized station first discontinues operation transmitter power output of 10 watts or and Commission approval must be ob- less shall maintain the center fre- tained for such discontinued operation quency at the output of the translator to continue beyond 30 days. The notifi- within 0.01 percent of its assigned fre- cation shall specify the causes of the quency. discontinued operation and a projected (b) The licensee of an FM translator date for the station’s return to oper- or booster station with an authorized ation, substantiated by supporting doc- transmitter power output greater than umentation. If the projected date for 10 watts shall maintain the center fre- the station’s return to operation can- quency at the output of the translator not be met, another notification and or booster station in compliance with further request for discontinued oper- the requirement of § 73.1545(b)(1) of this ations must be submitted in conform- chapter. ance with the requirements of this sec- [55 FR 50699, Dec. 10, 1990] tion. Within 48 hours of the station’s

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return to operation, the licensee must shall be prepared so as to withstand notify the Commission of such fact. All normal weathering for a reasonable pe- notification must be in writing. riod of time and shall be maintained in (d) The licensee of an FM translator a legible condition by the licensee. or booster station must notify the [35 FR 15388, Oct. 2, 1970, as amended at 40 FR Commission of its intent to perma- 24901, June 11, 1975] nently discontinue operations at least two days before operation is discon- § 74.1269 Copies of rules. tinued. Immediately after discontinu- ance of operation, the licensee shall The licensee or permittee of a station forward the station license and other authorized under this subpart shall instruments of authorization to the have a current copy of Volumes I (parts FCC, Washington, DC for cancellation. 0, 1, 2 and 17) and III (parts 73 & 74) of (e) Failure of an FM translator or the Commission’s Rules and shall make booster station to operate for a period the same available for use by the oper- of 30 or more consecutive days, except ator in charge. Each such licensee or for causes beyond the control of the li- permittee shall be familiar with those censee or authorized pursuant to para- rules relating to stations authorized graph (c) of this section, shall be under this subpart. Copies of the Com- deemed evidence of discontinuation of mission’s Rules may be obtained from operation and the license of the station the Superintendent of Documents, Gov- may be cancelled at the discretion of ernment Printing Office, Washington, the Commission. Furthermore, the sta- DC 20402. tion’s license will expire as a matter of [55 FR 50699, Dec. 10, 1990] law, without regard to any causes be- yond control of the licensee or to any § 74.1281 Station records. authorization pursuant to paragraph (a) The licensee of a station author- (c) of this section, if the station fails to ized under this Subpart shall maintain transmit broadcast signals for any con- adequate station records, including the secutive 12-month period, notwith- current instrument of authorization, standing any provision, term, or condi- official correspondence with the FCC, tion of the license to the contrary. maintenance records, contracts, per- [55 FR 50699, Dec. 10, 1990, as amended at 61 mission for rebroadcasts, and other FR 28768, June 6, 1996] pertinent documents. (b) Entries required by § 17.49 of this § 74.1265 Posting of station license. chapter concerning any observed or (a) The station license and any other otherwise known extinguishment or instrument of authorization or individ- improper functioning of a tower light: ual order concerning the construction (1) The nature of such extinguish- of the station or the manner of oper- ment or improper functioning. ation shall be kept in the station (2) The date and time the extinguish- record file maintained by the licensee ment of improper operation was ob- so as to be available for inspection served or otherwise noted. upon request to any authorized rep- (3) The date, time and nature of ad- resentative of the Commission. justments, repairs or replacements (b) The call sign of the translator or made. booster together with the name, ad- (c) The station records shall be main- dress, and telephone number of the li- tained for inspection at a residence, of- censee or local representative of the li- fice, or public building, place of busi- censee if the licensee does not reside in ness, or other suitable place, in one of the community served by the trans- the communities of license of the lator or booster, and the name and ad- translator or booster, except that the dress of a person and place where sta- station records of a booster or trans- tion records are maintained, shall be lator licensed to the licensee of the pri- displayed at the translator or booster mary station may be kept at the same site on the structure supporting the place where the primary station transmitting antenna, so as to be visi- records are kept. The name of the per- ble to a person standing on the ground son keeping station records, together at the transmitter site. The display with the address of the place where the

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records are kept, shall be posted in ac- each hour. Transmitters of FM broad- cordance with § 74.1265(b) of the rules. cast translator stations of more than 1 The station records shall be made watt transmitter output power must be available upon request to any author- equipped with an automatic keying de- ized representative of the Commission. vice that will transmit the call sign at (d) Station logs and records shall be least once each hour, unless there is in retained for a period of two years. effect a firm agreement with the trans- [48 FR 44807, Sept. 30, 1983] lator’s primary station as provided in § 74.1283(c)(1) of this section. Trans- § 74.1283 Station identification. mission of the call sign can be accom- (a) The call sign of an FM broadcast plished by: translator station will consist of the (i) Frequency shifting key; the car- initial letter K or W followed by the rier shift shall not be less than 5 kHz channel number assigned to the trans- nor greater than 25 kHz. lator and two letters. The use of the (ii) Amplitude modulation of the FM initial letter will generally conform to carrier of at least 30 percent modula- the pattern used in the broadcast serv- tion. The audio frequency tone use ice. The two letter combinations fol- shall not be within 200 hertz of the lowing the channel number will be as- Emergency Broadcast System Atten- signed in order and requests for the as- signment of particular combinations of tion signal alerting frequencies. letters will not be considered. (d) FM broadcast booster stations (b) The call sign of an FM booster shall be identified by their primary station will consist of the call sign of stations, by the broadcasting of the the primary station followed by the primary station’s call signs and loca- letters ‘‘FM’’ and the number of the tion, in accordance with the provisions booster station being authorized, e.g., of § 73.1201 of this chapter. WFCCFM–1. (e) The Commission may, in its dis- (c) A translator station authorized cretion, specify other methods of iden- under this subpart shall be identified tification. by one of the following methods. (1) By arranging for the primary sta- [55 FR 50699, Dec. 10, 1990] tion whose station is being rebroadcast to identify the translator station by § 74.1284 Rebroadcasts. call sign and location. Three such iden- (a) The term rebroadcast means the tifications shall be made during each reception by radio of the programs or day: once between 7 a.m. and 9 a.m., other signals of a radio station and the once between 12:55 p.m. and 1:05 p.m. simultaneous retransmission of such and once between 4 p.m. and 6 p.m. Sta- programs or signals for direct recep- tions which do not begin their broad- tion by the general public. cast before 9 a.m. shall make their first (b) The licensee of an FM translator identification at the beginning of their shall not rebroadcast the programs of broadcast days. The licensee of an FM any FM broadcast station or other FM translator whose station identification translator without obtaining prior con- is made by the primary station must sent of the primary station whose pro- arrange for the primary station li- grams are proposed to be retransmit- censee to keep in its file, and to make ted. The Commission shall be notified available to FCC personnel, the trans- lator’s call letters and location, giving of the call letters of each station re- the name, address and telephone num- broadcast and the licensee of the FM ber of the licensee or his service rep- translator shall certify that written resentative to be contacted in the consent has been received from the li- event of malfunction of the translator. censee of the station whose programs It shall be the responsibility of the are retransmitted. translator licensee to furnish current (c) An FM translator is not author- information to the primary station li- ized to rebroadcast the transmissions censee for this purpose. of any class of station other than an (2) By transmitting the call sign in FM broadcast station or another FM International Morse Code at least once translator.

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§ 74.1290 FM translator and booster C station information available on the Changes of EquipmentÐ Internet. Experimental Broadcast Stations ...... 74.151 The Mass Media Bureau’s Audio Remote Pickup ...... 74.452 Aural broadcast auxiliary stations ...... 74.551 Services Division provides information TV Auxiliaries ...... 74.651 on the Internet regarding FM trans- Channel assignments (LPTV/TV Translator) ...... 74.702 lator and booster stations, rules, and Channels, Sound (TV Auxiliaries) ...... 74.603 policies at http://www.fcc.gov/mmb/asd/ Charges, Program Service, (Experimental 74.182 Broadcast Stations). . Classes of stationsÐ Aural broadcast auxiliary stations ...... 74.501 [63 FR 33879, June 22, 1998] TV Auxiliaries ...... 74.601 Construction permit, Statement of understand- 74.112 ALPHABETICAL INDEX—PART 74 ing, (Experimental Broadcast Stations). A Copies of the rulesÐ Additional orders by FCC (All Services) ...... 74.28 LPTV/TV Translators ...... 74.769 Antenna, Directional (Aural STL/Relays) ...... 74.536 ITFS ...... 74.969 Antenna locationÐ FM Translators/Boosters ...... 74.1269 LPTV/TV Translator ...... 74.737 Cross Reference (All Services) ...... 74.5 FM Translators/Boosters ...... 74.1237 D Antenna structure, marking and lighting (All 74.30 Services). DefinitionsÐ Antenna structure, Use of common (All Serv- 74.22 General ...... 74.2 ices). Remote Pickup ...... 74.401 Antenna systems (TV Auxiliaries) ...... 74.641 LPTV/TV translators ...... 74.701 Antennas (ITFS) ...... 74.937 Low Power Auxiliaries ...... 74.801 Application ProcessingÐITFS ...... 74.911 ITFS ...... 74.901 Application requirements of Part 73 applicable 74.910 FM Translators/Boosters ...... 74.1201 to ITFS. Directional antenna required (Aural STL/Relays) 74.536 Applications, Notification of filing (All Services) .. 74.12 Assignment, FrequencyÐ E Experimental Broadcast Station ...... 74.103 Emergency information Broadcasting (All Serv- 74.21 Remote Pickup ...... 74.402 ices). Aural broadcast auxiliary stations ...... 74.502 Emission authorizedÐ TV Auxiliaries ...... 74.602 Experimental Broadcast Stations ...... 74.133 LPTV/TV Translators ...... 74.702 Remote Pickup ...... 74.462 ITFS ...... 74.902 Aural broadcast auxiliary stations ...... 74.535 FM Translators/Boosters ...... 74.1202 TV Auxiliaries ...... 74.637 Authorization of equipmentÐ LPTV/TV Translators ...... 74.736 Aural Auxiliary ...... 74.550 ITFS ...... 74.936 Remote Pickup ...... 74.451 FM Translators/Boosters ...... 74.1236 TV Auxiliaries ...... 74.655 Equipment and installationÐ Lw Power Auxiliaries ...... 74.851 ITFS ...... 74.950 ITFS ...... 74.952 FM Translators/Boosters ...... 74.1250 FM Translators/Boosters ...... 74.1250 Equipment authorizationÐ Authorization, TemporaryÐ Aural broadcast auxiliary stations ...... 74.550 Aural broadcast auxiliary stations ...... 74.537 Remote Pickup ...... 74.451 Remote Pickup ...... 74.433 TV Auxiliaries ...... 74.655 TV Auxiliaries ...... 74.633 Low Power Auxiliaries ...... 74.851 Low Power Auxiliaries ...... 74.833 ITFS ...... 74.952 Authorized emissionÐ FM Translators/Boosters ...... 74.1250 Experimental Broadcast Station ...... 74.133 Equipment ChangesÐ Remote Pickup ...... 74.462 Experimental Broadcast Station ...... 74.151 Aural broadcast auxiliary stations ...... 74.535 Remote Pickup ...... 74.452 TV Auxiliaries ...... 74.637 Aural broadcast auxiliary stations ...... 74.551 LPTV/TV Translators ...... 74.736 TV Auxiliaries ...... 74.651 ITFS ...... 74.936 LPTV/TV Translators ...... 74.751 FM Translators/Boosters ...... 74.1236 Low Power Auxiliaries ...... 74.852 Authorized frequencies (remote broadcast pick- 74.402 ITFS ...... 74.951 up). FM Translators/Boosters ...... 74.1251 Automatic relay stations (Remote pickup) ...... 74.436 Avoidance of interference (TV Auxiliaries) ...... 74.604 Equipment, Notification ofÐ Aural broadcast auxiliary stations ...... 74.550 B TV Auxiliaries ...... 74.655 Bandwidth and emissions authorizedÐ Equipment PerformanceÐ Remote Pickup ...... 74.462 ITFS ...... 74.950 Aural broadcast auxiliary stations ...... 74.535 FM Tanslators/Boosters ...... 74.1250 LPTV/TV Translators ...... 74.736 Equipment tests (All Services) ...... 74.13 IFTS ...... 74.936 Experimental Broadcast station ...... 74.101 FM Translators/Boosters ...... 74.1236 Experimental Broadcast Station, Uses of ...... 74.102 Boosters, Signal UHF translator ...... 74.733 Extension of station licenses, Temporary (All 74.16 Broadcast regulations applicable to LPTV, TV 74.780 Services). translators, and TV boosters. F Broadcasting emergency information (All serv- 74.21 ices). Filing of applications, Notification of (All Serv- 74.12 ices). 513

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Frequencies, Authorized (Remote broadcast 74.402 FM Translators/Boosters ...... 74.1232 pickup). Lighting and Marking of antenna structures (All 74.30 Frequency assignmentÐ Services). Experimental Broadcast Stations ...... 74.103 Limitations on powerÐ Remote Pickup ...... 74.402 Experimental Broadcast Stations ...... 74.132 Aural broadcast auxiliary stations ...... 74.502 Remote Pickup ...... 74.461 TV Auxiliary ...... 74.602 Aural broadcast auxiliary stations ...... 74.534 LPTV/TV Translators ...... 74.702 TV Auxiliaries ...... 74.636 Low Power Auxiliaries ...... 74.802 LPTV/TV Translators ...... 74.735 ITFS ...... 74.902 ITFS ...... 74.935 FM Translators/Boosters ...... 74.1202 FM Translators/Boosters ...... 74.1235 Frequency monitors and measurementsÐ LPTV, Broadcast rules applicable to ...... 74.780 Experimental Broadcast Stations ...... 74.162 Remote Pickup ...... 74.465 M Aural broadcast auxiliary stations ...... 74.562 Marking and lighting of antenna structures (All 74.30 TV Auxiliaries ...... 74.662 Services). LPTV/TV Translators ...... 74.762 Modification of transmission systemsÐ ITFS ...... 74.962 LPTV/TV Translators ...... 74.751 FM Translators/Boosters ...... 74.1262 ITFS ...... 74.951 Frequency toleranceÐ FM Translators and Boosters ...... 74.1251 Experimental Broadcast Stations ...... 74.161 Modulation limitsÐ Remote Pickup ...... 74.464 TV Auxiliaries ...... 74.663 Aural broadcast auxiliary stations ...... 74.561 ITFS ...... 74.970 TV Auxiliaries ...... 74.661 Modulation monitors and measurements (ITFS) 74.971 LPTV/TV Translators ...... 74.761 Modulation requirements (Remote Pickup) ...... 74.463 ITFS ...... 74.961 Monitors and measurements, FrequencyÐ FM Translator/Boosters ...... 74.1261 Experimental Broadcast Stations ...... 74.162 Remote Pickup ...... 74.465 I Aural broadcast auxiliary stations ...... 74.562 Identification of stationÐ TV Auxiliaries ...... 74.662 Experimental Broadcast Stations ...... 74.183 LPTV/TV Translators ...... 74.762 Remote Pickup ...... 74.482 ITFS ...... 74.962 Aural broadcast auxiliary stations ...... 74.582 FM Translators/Boosters ...... 74.1262 TV Auxiliaries ...... 74.682 Multiple ownershipÐ LPTV/TV Translators ...... 74.783 Experimental Broadcast Stations ...... 74.134 Low Power Auxiliaries ...... 74.882 LPTV/TV Translator ...... 74.732 ITFS ...... 74.982 Mutually exclusive applications, selection proce- 74.913 FM Translators/Boosters ...... 74.1283 dure (ITFS). Information on the Internet, FM translator and 74.1290 booster stations. N Inspection of station by FCC (All Services) ...... 74.3 Notification of filing of applications (All Services) 74.12 InterferenceÐ O LPTV/TV Translators ...... 74.703 ITFS ...... 74.903 Operation, Remote controlÐ FM Translators/Boosters ...... 74.1203 Aural broadcast auxiliary stations ...... 74.533 Interference avoidance (TV Auxiliaries) ...... 74.604 TV Auxiliaries ...... 74.634 InterferenceÐsafety of life and property (All 74.23 Operation, Short term (All Services) ...... 74.24 Services). Operation, Time ofÐ ITFSÐ Experimental Broadcast Stations ...... 74.163 Application processing ...... 74.911 LPTV/TV Translator ...... 74.763 Application requirements from Part 73 ...... 74.910 ITFS ...... 74.963 Petition to deny ...... 74.912 FM Translator/Boosters ...... 74.1263 Response stations ...... 74.939 Operation, Unattended (and/or attended)Ð Selection procedure: MX applications ...... 74.913 Aural broadcast auxiliary stations ...... 74.533 TV Auxiliaries ...... 74.635 L LPTV/TV Translators ...... 74.734 Land mobile station protection (from LPTV) ...... 74.709 ITFS ...... 74.934 License period, Station (All Services) ...... 74.15 FM Translators/Boosters ...... 74.1234 Licenses, Posting ofÐ Operator requirements, General (All Services) .. 74.18 Experimental Broadcast Stations ...... 74.165 Orders, Additional (All Services) ...... 73.28 Remote pickup broadcast stations ...... 74.432 Ownership, MultipleÐ Aural broadcast auxiliary stations ...... 74.564 Experimental Broadcast Stations ...... 74.134 TV Auxiliaries ...... 74.664 LPTV/TV Translators ...... 74.732 LPTV/TV Translators ...... 74.765 Low power auxiliary stations ...... 74.832 P ITFS ...... 74.965 Permissible serviceÐ FM Translators/Boosters ...... 74.1265 Aural broadcast auxiliary stations ...... 74.531 Licenses, station, Temporary extension (All 74.16 TV Auxiliaries ...... 74.631 Services). LPTV/TV Translators ...... 74.731 Licensing requirementsÐ Low Power Auxiliaries ...... 74.831 Experimental Broadcast Stations ...... 74.131 ITFS ...... 74.931 Remote Pickup ...... 74.432 FM Translators/Boosters ...... 74.1231 Aural broadcast auxiliary stations ...... 74.532 Petitions to deny: ITFS ...... 74.912 TV Auxiliaries ...... 74.632 Posting of licensesÐ LPTV/TV Translators ...... 74.732 Experimental Broadcast Stations ...... 74.165 Low Power Auxiliaries ...... 74.832 Remote pickup broadcast stations ...... 74.432 ITFS ...... 74.932 Aural broadcast auxiliary stations ...... 74.564 514

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TV Auxiliaries ...... 74.664 FM Translators/Boosters ...... 74.1283 LPTV/TV Translators ...... 74.765 Station inspection by FCC (All Services) ...... 74.3 Low power auxiliary stations ...... 74.832 Station license period (All Services) ...... 74.15 ITFS ...... 74.965 Station records (Experimental Broadcast Sta- 74.181 FM Translators/Boosters ...... 74.1265 tions). Power limitationsÐ Experimental Broadcast Stations ...... 74.132 T Aural broadcast auxiliary stations ...... 74.534 Technical requirements (Low Power Auxiliaries) 74.861 TV Auxiliaries ...... 74.636 LPTV/TV Translators ...... 74.735 Temporary authorizationsÐ ITFS ...... 74.935 Remote Pickup ...... 74.433 FM Translators/Boosters ...... 74.1235 Aural broadcast auxiliary stations ...... 74.537 Program or service tests (All Services) ...... 74.14 TV Auxiliaries ...... 74.633 Program service, Charges (Experimental Broad- 74.182 Low Power Auxiliaries ...... 74.833 cast Stations). Temporary extension of stations licenses (All 74.16 Protection by LPTVÐ Services). To broadcast stations ...... 74.705 Tests, Equipment (All Services) ...... 74.13 To other LPTV and TV Translator stations 74.707 Tests, Service or program (All Services) ...... 74.14 To Land Mobile stations ...... 74.709 Time of operationÐ Purpose of serviceÐ Experimental Broadcast Stations ...... 74.163 LPTV/TV Translators ...... 74.731 LPTV/TV Translators ...... 74.763 ITFS ...... 74.931 FM Translators/Boosters ...... 74.1231 ITFS ...... 74.963 FM Translators/Boosters ...... 74.1263 R Tolerance, FrequencyÐ RebroadcastsÐ Experimental Broadcast Stations ...... 74.161 Experimental Broadcast Stations ...... 74.184 Remote Pickup ...... 74.464 LPTV/TV Translators ...... 74.784 Aural broadcast auxiliary stations ...... 74.561 ITFS ...... 74.984 TV Auxiliaries ...... 74.661 FM Translators/Boosters ...... 74.1284 LPTV/TV Translators ...... 74.761 Records, Station (Experimental Broadcast Sta- 74.181 ITFS ...... 74.961 tions). FM Translator/Boosters ...... 74.1261 Regulations, Broadcast, applicable to LPTV and 74.780 TV translators. Translator signal boosters, UHF (LPTV/TV 74.733 Relay stations, Automatic, (Remote Pickup) ...... 74.436 Translators). Remote pickup broadcast frequencies ...... 74.402 Translators, TV, Purpose of (LPTV/TV Trans- 74.731 Remote control operationÐ lators). Aural broadcast auxiliary stations ...... 74.533 Transmission standards (ITFS) ...... 74.938 TV Auxiliaries ...... 74.634 Transmission system facilities (LPTV/TV Trans- 74.750 ITFS ...... 74.939 lators). Remote pickup stations, Rules special to ...... 74.431 Transmission systems, modification ofÐ Renewal, Supplementary report (Experimental 74.113 LPTV/TV Translator ...... 74.751 Broadcast Stations). ITFS ...... 74.951 Response stations (ITFS) ...... 74.939 FM Translators/Boosters ...... 74.1251 Rules, Copies ofÐ Transmissions, Permissible (Low Power Auxil- 74.831 LPTV/TV Translators ...... 74.769 iaries). ITFS ...... 74.969 Transmitter power (Remote Pickup) ...... 74.461 FM Translators/Boosters ...... 74.1269 Transmitters and associated equipment (FM 74.1250 Rules special to Remote Pickup stations ...... 74.431 Translators/Boosters). S TV boosters, Broadcast rules applicable to 74.780 Safety of life and property-interference jeopardy 74.23 (LPTV/TV Translators/TV Boosters. (All services). TV Broadcast station protection (from LPTV/TV 74.705 Scope (of SubpartÐGeneral) ...... 74.1 Translators). Service or program tests (All Services) ...... 74.14 TV, Low Power and translators, protection to 74.707 Service, PermissibleÐ (LPTV/TV Translators). Aural broadcast auxiliary stations ...... 74.531 TV translators, Broadcast rules applicable to 74.780 TV Auxiliaries ...... 74.631 (LPTV/TV Translators). LPTV/TV Translators ...... 74.731 Low Power Auxiliaries ...... 74.831 U ITFS ...... 74.931 UHF translator signal boosters (LPTV/TV Trans- 74.733 FM Translators/Boosters ...... 74.1231 lators). Service, Scope of (Low Power Auxiliaries) ...... 74.831 Unattended operationÐ Short term operation (All services) ...... 74.24 Aural broadcast auxiliary stations ...... 74.531 Signal boosters, UHF translator (LPTV/TV 74.733 TV Auxiliaries ...... 74.635 Translators). LPTV/TV Translators ...... 74.734 Sound channels (TV Auxiliaries) ...... 74.603 ITFS ...... 74.934 Statement of understanding (Construction per- 74.112 mit-Experimental Broadcast Stations). FM Translators/Boosters ...... 74.1234 Station identificationÐ Use of common antenna structure (All services) 74.22 Experimental Broadcast Stations ...... 74.183 V-Z [Reserved] Remote Pickup ...... 74.482 Aural broadcast auxiliary stations ...... 74.582 TV Auxiliaries ...... 74.682 [50 FR 38535, Sept. 23, 1985, as amended at 51 LPTV/TV Translators ...... 74.783 FR 34622, Sept. 30, 1986; 52 FR 37316, Oct. 6, Low Power Auxiliaries ...... 74.882 1987; 52 FR 47569, Dec. 15, 1987; 63 FR 33879, ITFS ...... 74.982 June 22, 1998] 515

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