§ 5.205   Licensing requirements, necessary showing.

   (a)  An  applicant for a new experimental broadcast station, change in
   facilities of any existing station, or modification of license is required
   to make a satisfactory showing of compliance with the general requirements
   of the Communications Act of 1934, as amended, as well as the following:

   (1)  That  the  applicant  has  a  definite  program  of  research and
   experimentation in the technical phases of broadcasting which indicates
   reasonable promise of substantial contribution to the developments of the
   broadcasting art.

   (2) That upon the authorization of the proposed station the applicant can
   and  will  proceed  immediately  with  its  program  of  research  and
   experimentation.

   (3) That the transmission of signals by radio is essential to the proposed
   program of research and experimentation.

   (4) That the program of research and experimentation will be conducted by
   qualified personnel.

   (b) A license for an experimental broadcast station will be issued only on
   the condition that no objectionable interference to the regular program
   transmissions of broadcast stations will result from the transmissions of
   the experimental stations.

   (c) Special provision for broadcast experimental radio station applications.
   For purposes of the definition of “experimental authorization” in Section
   II.A.6 of the Nationwide Programmatic Agreement Regarding the Section 106
   National Historic Preservation Act Review Process set forth in Appendix C to
   Part 1 of this chapter, an Broadcast Experimental Radio Station authorized
   under this Subpart shall be considered an “Experimental Broadcast Station
   authorized under part 74 of the Commission's Rules.”

   Effective Date Note: At  78 FR 25162 , Apr. 29, 2013, § § 5.205 was added. This
   section contains information collection and recordkeeping requirements and
   will not become effective until approval has been given by the Office of
   Management and Budget.

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