§ 73.1615   Operation during modification of facilities.

   When the licensee of an existing AM, FM, TV or Class A TV station is in the
   process of modifying existing facilities as authorized by a construction
   permit and determines it is necessary to either discontinue operation or to
   operate with temporary facilities to continue program service, the following
   procedures apply:

   (a) Licensees holding a construction permit for modification of directional
   or  nondirectional  FM,  TV or Class A TV or nondirectional AM station
   facilities may, without specific FCC authority, for a period not exceeding
   30 days:

   (1) Discontinue operation, or

   (2) Operate with temporary facilities to maintain, as nearly as possible,
   but not exceed, the size of the presently licensed coverage area.

   (b) Licensees of an AM station holding a construction permit which involves
   directional facilities and which does not involve a change in operating
   frequency may, without specific FCC authority, for a period not exceeding 30
   days:

   (1) Discontinue operation, or

   (2) Operate with reduced power or with parameters at variance from licensed
   tolerances  while  maintaining monitoring point field strengths within
   licensed  limits  during  the period subsequent to the commencement of
   modifications authorized by the construction permit, or

   (3) Operate in a nondirectional mode during the presently licensed hours of
   directional operation with power reduced to 25% or less of the nominal
   licensed power, or whatever higher power, not exceeding licensed power, will
   insure that the radiated field strength specified by the license is not
   exceeded at any given asimuth for the corresponding hours of directional
   operation, or

   (4) Operate in a nondirectional mode during daytime hours, if not already so
   licensed, only as necessary to conduct a required nondirectional proof of
   performance with a power not to exceed 25% of the maximum power authorized
   by the construction permit for directional operation, or

   (5)  Operate during daytime hours with either the daytime or nighttime
   directional pattern and with the power authorized by the construction permit
   only as necessary to take proof of performance measurements. Operating power
   shall be promptly reduced to presently licensed level during any significant
   period of time that these measurements are not being taken. No daytime
   operation of construction permit directional patterns authorized by this
   paragraph shall be conducted before such patterns have been substantially
   tuned during the experimental period.

   (6) In the event the directional pattern authorized by the construction
   permit replaces a licensed directional pattern, the licensee may operate
   with the substantially adjusted construction permit pattern during the
   corresponding  licensed  hours of directional operation with power not
   exceeding that specified for the licensed pattern.

   (c) Such operation or discontinuance of operation in accordance with the
   provisions  of  paragraph  (a)  or  (b) of this section may begin upon
   notification to the FCC in Washington, DC.

   (1) Should it be necessary to continue the procedures in either paragraph
   (a) or (b) of this section beyond 30 days, an informal letter request signed
   by the licensee or the licensee's representative must be sent to the FCC in
   Washington, DC. prior to the 30th day.

   (2) The license of a broadcasting station that fails to transmit broadcast
   signals for any consecutive 12-month period expires as a matter of law at
   the end of that period, notwithstanding any provision, term, or condition of
   the license or construction permit to the contrary.

   (d)  Licensees  of  an  AM station holding a construction permit which
   authorizes  both a change in frequency and directional facilities must
   request and obtain authority from the FCC in Washington, DC. prior to using
   any  new  installation  authorized  by  the permit, or using temporary
   facilities.

   (1) The request is to be made at least 10 days prior to the date on which
   the temporary operation is to commence. The request is to be made by letter
   which shall describe the operating modes and facilities to be used. Such
   letter  requests  shall  be  signed  by the licensee or the licensee's
   representative.

   (2) Discontinuance of operation is permitted upon notification to the FCC In
   Washington, DC. Should it be necessary to discontinue operation longer than
   30  days,  an  informal  letter request, signed by the licensee or the
   licensee's representatives, must be sent to the FCC in Washington, DC prior
   to the 30th day.

   (e) The FCC may modify or cancel the temporary operation permitted under the
   provisions of paragraph (a), (b), (c) or (d) of this section without prior
   notice or right to hearing.

   [ 50 FR 30947 , July 31, 1985, as amended at  61 FR 28767 , June 6, 1996;  65 FR 30004 , May 10, 2000]

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