§  78.33   Special temporary authority.

   (a) Notwithstanding the requirements of § §  78.15 and 78.20, in
   circumstances requiring immediate or temporary use of facilities, a
   request may be made for special temporary authority to install and
   operate new equipment or to operate licensed equipment in a manner
   different from that authorized in a station license. Any such request
   may be in letter form, and shall be submitted in duplicate: Provided,
   however, That in cases of emergency involving danger to life or
   property or due to damage to equipment, such request may be made by
   telephone or telegraph with the understanding that a written request
   shall be submitted within ten (10) days thereafter.

   (b) Special temporary authority may also be requested to conduct a
   field survey to determine necessary data in connection with the
   preparation of a formal application for installation of a radio system
   under this part. Such authority may be granted to equipment suppliers
   and others who are not operators of cable television systems or other
   eligible systems, as well as to cable operators or other eligible
   system operators, to conduct equipment, program, service, and path
   tests.

   (c) Any request for special temporary authority shall be clear and
   complete within itself as to the authority requested. In addition, such
   requests shall contain the following information:

   (1) Name, address, and citizenship of applicant;

   (2) Grounds for special action, including a description of any
   emergency or damage to equipment;

   (3) Type of operation to be conducted;

   (4) Purpose of operation;

   (5) Time and date of proposed operation;

   (6) Class of station and nature of service;

   (7) Location of station;

   (8) Equipment to be used, specifying manufacturer, model number, and
   number of units;

   (9) Frequency or frequencies desired, consistent with §  78.18:
   Provided, however, That in the case of events of widespread interest
   and importance that cannot be transmitted successfully on these
   frequencies, frequencies assigned to other services may be requested on
   a showing that operation thereon will not cause interference to
   established stations: And provided, further, That in no case will a
   cable television relay service operation be authorized on frequencies
   employed for the safety of life and property;

   (10) Plate power input to final radio frequency stage;

   (11) Type of emission;

   (12) Description of antenna to be used, including height. In the event
   that the proposed antenna installations will increase the height of any
   natural formation, or existing manmade structure, by more than 6.1
   meters (20 feet), a vertical plan sketch showing the height of the
   structures proposed to be erected, the height above ground of any
   existing structure, the elevation of the site above mean sea level, and
   the geographic coordinates of the proposed sites shall be submitted
   with the application.

   (d) Except in emergencies involving safety of life or property or due
   to damage to equipment, a request for special temporary authority shall
   be filed at least ten (10) days prior to the date of proposed
   operation, or shall be accompanied by a statement of reasons for the
   delay in submitting such request.

   (e) If the Commission finds that special temporary authority is in the
   public interest, it may grant such authority for a period not exceeding
   ninety (90) days, and, on a like finding, may extend such authority for
   one additional period not to exceed ninety (90) days.

   [ 37 FR 15927 , Aug. 8, 1972, as amended at  55 FR 46015 , Oct. 31, 1990;
    58 FR 44952 , Aug. 25, 1993]

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