§  74.1251   Technical and equipment modifications.

   (a) No change, either mechanical or electrical, except as provided in
   part 2 of this chapter, may be made in FM translator or booster
   apparatus which has been certificated by the Commission without prior
   authority of the Commission.

   (b) Formal application on FCC Form 349 is required of all permittees
   and licensees for any of the following changes:

   (1) Replacement of the transmitter as a whole, except replacement with
   a transmitter of identical power rating which has been certificated by
   the FCC for use by FM translator or FM booster stations, or any change
   which could result in the electrical characteristics or performance of
   the station. Upon the installation or modification of the transmitting
   equipment for which prior FCC authority is not required under the
   provisions of this paragraph, the licensee shall place in the station
   records a certification that the new installation complies in all
   respects with the technical requirements of this part and the terms of
   the station authorization.

   (2) A change in the transmitting antenna system, including the
   direction of radiation or directive antenna pattern.

   (3) Any change in the overall height of the antenna structure except
   where notice to the Federal Aviation Administration is specifically not
   required under §  17.14(b) of this chapter.

   (4) Any change in the location of the translator or booster except a
   move within the same building or upon the same pole or tower.

   (5) Any horizontal change in the location of the antenna structure
   which would (i) be in excess of 152.4 meters (500 feet), or (ii) would
   require notice to the Federal Aviation Administration pursuant to
   §  17.7 of the FCC's rules.

   (6) Any change in the output frequency of a translator.

   (7) Any increase of authorized effective radiated power. FM translator
   and booster stations may decrease ERP on a modification of license
   application provided that exhibits are included to demonstrate that the
   following requirements are met:

   (i) The license application may not propose to eliminate the authorized
   horizontally polarized ERP, if a horizontally polarized ERP is
   currently authorized;

   (ii) The installed height of the antenna radiation center is not
   increased by more than two meters nor decreased by more than four
   meters from the authorized height for the antenna radiation center; and

   (iii) The station is not presently authorized with separate horizontal
   and vertical antennas mounted at different heights. Use of separate
   horizontal and vertical antennas requires a construction permit before
   implementation or changes.

   (8) Any change in area being served.

   (c) Changes in the primary FM station being retransmitted must be
   submitted to the FCC in writing.

   (d) Any application proposing a change in the height of the antenna
   structure or its location must also include the Antenna Structure
   Registration Number (FCC Form 854R) of the antenna structure upon which
   it proposes to locate its antenna. In the event the antenna structure
   does not have a Registration Number, either the antenna structure owner
   shall file FCC Form 854 ("Application for Antenna Structure
   Registration") in accordance with part 17 of this chapter or the
   applicant shall provide a detailed explanation why registration and
   clearance are not required.

   [ 35 FR 15388 , Oct. 2, 1970, as amended at  45 FR 26068 , Apr. 17, 1980;
    47 FR 24580 , June 7, 1982;  50 FR 3525 , Jan. 25, 1985;  50 FR 23710 , June
   5, 1985;  55 FR 50698 , Dec. 10, 1990;  61 FR 4368 , Feb. 6, 1996;  63 FR 33879 , June 22, 1998;  63 FR 36606 , July 7, 1998;  65 FR 79780 , Dec. 20,
   2000]

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