§  74.25   Temporary conditional operating authority.

   An applicant for a new broadcast auxiliary radio service station or a
   modification of an existing station under subparts D, E, F, or H of
   this part may operate the proposed station during the pendency of its
   applications upon the filing of a properly completed formal application
   that complies with the rules for the particular class of station,
   provided that the conditions set forth are satisfied.

   (a) Conditions applicable to all broadcast auxiliary stations. (1)
   Stations operated pursuant to this section shall be identified by the
   transmission of the call sign of the associated part 73 of this chapter
   broadcast station, if one exists, or the prefix "WT" followed by the
   applicant's local business telephone number for broadcast or cable
   network entities.

   (2) The antenna structure(s) has been previously studied by the Federal
   Aviation Administration and determined to pose no hazard to aviation
   safety as required by subpart B of part 17 of this chapter; or the
   antenna or tower structure does not exceed 6.1 meters above ground
   level or above an existing man-made structure (other than an antenna
   structure), if the antenna or tower has not been previously studied by
   the Federal Aviation Administration and cleared by the FCC;

   (3) The grant of the application(s) does not require a waiver of the
   Commission's rules;

   (4) The applicant has determined that the facility(ies) will not
   significantly affect the environment as defined in §  1.1307 of this
   chapter;

   (5) The station site does not lie within an area identified in §  1.924
   of this chapter.

   (b) Conditions applicable to remote pickup broadcast auxiliary
   stations. (1) The auxiliary station must be located within 80 km (50
   mi) of the broadcast studio or broadcast transmitter.

   (2) The applicant must coordinate the operation with all affected
   co-channel and adjacent channel licensees in the area of operation.
   This requirement can be satisfied by coordination with the local
   frequency committee if one exists.

   (3) Operation under this provision is not permitted between 152.87 MHz
   and 153.35 MHz.

   (c) Conditions applicable to aural and television broadcast auxiliary
   stations. (1) The applicable frequency coordination procedures have
   been successfully completed and the filed application is consistent
   with that coordination.

   (2) The station site does not lie within an area requiring
   international coordination.

   (3) If operated on frequencies in the 17.8-19.7 GHz band for any
   services or on frequencies in the 17.7-17.8 GHz band for MVPD
   operations, the station site does not lie within any of the areas
   identified in §  1.924 of this chapter.

   (d) Operation under this section shall be suspended immediately upon
   notification from the Commission or by the District Director of a
   Commission field facility, and shall not be resumed until specific
   authority is given by the Commission or District Director. When
   authorized by the District Director, short test operations may be made.

   (e) Conditional authority ceases immediately if the application(s) is
   returned by the Commission because it is not acceptable for filing.

   (f) Conditional authorization does not prejudice any action the
   Commission may take on the subject application(s). Conditional
   authority is accepted with the express understanding that such
   authority may be modified or cancelled by the Commission at any time
   without hearing if, in the Commission's discretion, the need for such
   action arises. An applicant operating pursuant to this conditional
   authority assumes all risks associated with such operation, the
   termination or modification of the conditional authority, or the
   subsequent dismissal or denial of its application(s).

   [ 68 FR 12762 , Mar. 17, 2003, as amended at  69 FR 17958 , Apr. 6, 2004;
    71 FR 69048 , Nov. 29, 2006]

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