§ 73.1740   Minimum operating schedule.

   (a) All commercial broadcast stations are required to operate not less than
   the following minimum hours:

   (1) AM and FM stations. Two-thirds of the total hours they are authorized to
   operate between 6 a.m. and 6 p.m. local time and two-thirds of the total
   hours they are authorized to operate between 6 p.m. and midnight, local
   time, each day of the week except Sunday.

   (i) Class D stations which have been authorized nighttime operations need
   comply only with the minimum requirements for operation between 6 a.m. and 6
   p.m., local time.

   (2) TV stations. (i) During the first 36 months of operation, not less than
   2 hours daily in any 5 broadcast days per calendar week and not less than a
   total of:

   (A) 12 hours per week during the first 18 months.

   (B) 16 hours per week during the 19th through 24th months.

   (C) 20 hours per week during the 25th through 30th months.

   (D) 24 hours per week during the 31st through 36th months.

   (ii) After 36 months of operation, not less than 2 hours in each day of the
   week and not less than a total of 28 hours per calendar week.

   (iii) Visual transmissions of test patterns, slides, or still pictures
   accompanied by unrelated aural transmissions may not be counted in computing
   program service (see § 73.653).

   (3) “Operation” includes the period during which the station is operated
   pursuant to temporary authorization or program tests, as well as during the
   license period.

   (4)  In the event that causes beyond the control of a licensee make it
   impossible  to  adhere to the operating schedule of this section or to
   continue operating, the station may limit or discontinue operation for a
   period of not more than 30 days without further authority from the FCC.
   Notification must be sent to the FCC in Washington, D.C. not later than the
   10th day of limited or discontinued operation. During such period, the
   licensee shall continue to adhere to the requirements in the station license
   pertaining  to the lighting of antenna structures. In the event normal
   operation is restored prior to the expiration of the 30 day period, the
   licensee will so notify the FCC of this date. If the causes beyond the
   control of the licensee make it impossible to comply within the allowed
   period, informal written request shall be made to the FCC no later than the
   30th day for such additional time as may be deemed necessary.

   (5) Class A TV stations. Not less than 18 hours in each day of the week.

   (b) Noncommercial educational AM and TV stations are not required to operate
   on a regular schedule and no minimum hours of operation are specified; but
   the hours of actual operation during a license period shall be taken into
   consideration  in  the  renewal of noncommercial educational AM and TV
   broadcast licenses. Noncommercial educational FM stations are subject to the
   operating schedule requirements according to the provisions of § 73.561.

   (c) The license of any 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 to the contrary.

   [ 43 FR 45850 , Oct. 4, 1978, as amended at  53 FR 1032 , Jan. 15, 1988;  56 FR 64873 , Dec. 12, 1991;  61 FR 28767 , June 6, 1996;  65 FR 30006 , May 10, 2000]

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