§ 73.561   Operating schedule; time sharing.

   (a) All noncommercial educational FM stations will be licensed for unlimited
   time  operation  except  those stations operating under a time sharing
   arrangement. All noncommercial educational FM stations are required to
   operate  at least 36 hours per week, consisting of at least 5 hours of
   operation per day on at least 6 days of the week; however, stations licensed
   to educational institutions are not required to operate on Saturday or
   Sunday or to observe the minimum operating requirements during those days
   designated on the official school calendar as vacation or recess periods.

   (b) All stations, including those meeting the requirements of paragraph (a)
   of this section, but which do not operate 12 hours per day each day of the
   year, will be required to share use of the frequency upon the grant of an
   appropriate  application  proposing  such share time arrangement. Such
   applications shall set forth the intent to share time and shall be filed in
   the same manner as are applications for new stations. They may be filed at
   any  time,  but in cases where the parties are unable to agree on time
   sharing, action on the application will be taken only in connection with the
   renewal of application for the existing station. In order to be considered
   for this purpose, such an application to share time must be filed no later
   than the deadline for filing petitions to deny the renewal application of
   the existing licensee, or, in the case of renewal applications filed by the
   existing licensee on or before May 1, 1995, no later than the deadline for
   filing applications in conflict with the such renewal applications.

   (1) The licensee and the prospective licensee(s) shall endeavor to reach an
   agreement for a definite schedule of periods of time to be used by each.
   Such agreement shall be in writing and shall set forth which licensee is to
   operate on each of the hours of the day throughout the year. Such agreement
   shall not include simultaneous operation of the stations. Each licensee
   shall file the same in triplicate with each application to the Commission
   for  initial  construction  permit or renewal of license. Such written
   agreements shall become part of the terms of each station's license.

   (2) The Commission desires to facilitate the reaching of agreements on time
   sharing. However, if the licensees of stations authorized to share time are
   unable to agree on a division of time, the Commission shall be so notified
   by  statement to that effect filed with the application proposing time
   sharing.  Thereafter the Commission will designate the application for
   hearing on any qualification issues arising regarding the renewal or new
   applicants. If no such issues pertain, the Commission will set the matter
   for expedited hearing limited solely to the issue of the sharing of time. In
   the event the stations have been operating under a time sharing agreement
   but cannot agree on its continuation, a hearing will be held, and pending
   such hearing, the operating schedule previously adhered to shall remain in
   full force and effect.

   (c)  A departure from the regular schedule set forth in a time-sharing
   agreement will be permitted only in cases where a written agreement to that
   effect is reduced to writing, is signed by the licensees of the stations
   affected thereby, and is filed in triplicate by each licensee with the
   Commission, Attention: Audio Division, Media Bureau, prior to the time of
   the proposed change. If time is of the essence, the actual departure in
   operating schedule may precede the actual filing of the written agreement,
   provided that appropriate notice is sent to the Commission in Washington,
   DC, Attention: Audio Division, Media Bureau.

   (d) In the event that causes beyond the control of a permittee or licensee
   make it impossible to adhere to the operating schedule in paragraph (a) or
   (b) of this section or to continue operating, the station may limit or
   discontinue operation for a period not exceeding 30 days without further
   authority from the Commission provided that notification is sent to the
   Commission in Washington, DC, Attention: Audio Division, Media Bureau, no
   later than the 10th day of limited or discontinued operation. During such
   period, the permittee shall continue to adhere to the requirements of 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 permittee or licensee will notify the FCC, Attention: Audio
   Division of the date that normal operations resumed. If causes beyond the
   control of the permittee or licensee make it impossible to comply within the
   allowed period, Special Temporary Authority (see § 73.1635) must be requested
   to remain silent for such additional time as deemed necessary. 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 license to the
   contrary.

   Note 1 to § 73.561: For allocations purposes, both (all) stations sharing
   time will be treated as unlimited time stations.

   Note 2 to § 73.561: See § § 73.1705, 73.1715, and 73.1740.

   (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154,
   155, 303))

   [ 43 FR 39717 , Sept. 6, 1978, as amended at  43 FR 45845 , Oct. 4, 1978;  44 FR 3416 , Jan. 19, 1979;  44 FR 65764 , Nov. 15, 1979;  47 FR 54448 , Dec. 3, 1982;
    50 FR 13974 , Apr. 9, 1985;  61 FR 18291 , Apr. 25, 1996;  61 FR 28767 , June 6,
   1996;  63 FR 33877 , June 22, 1998;  67 FR 13231 , Mar. 21, 2002]

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