FCC 73.1620 Revised as of December 4, 2012
Goto Year:2011 |
§ 73.1620 Program tests.
(a) Upon completion of construction of an AM, FM, TV or Class A TV
station in accordance with the terms of the construction permit, the
technical provisions of the application, the rules and regulations and
the applicable engineering standards, program tests may be conducted in
accordance with the following:
(1) The permittee of a nondirectional AM or FM station, or a
nondirectional or directional TV or Class A TV station, may begin
program tests upon notification to the FCC in Washington, DC provided
that within 10 days thereafter, an application for a license is filed
with the FCC in Washington, DC.
(2) The permittee of an FM station with a directional antenna system
must file an application for license on FCC Form 302-FM requesting
authority to commence program test operations at full power with the
FCC in Washington, D.C. This license application must be filed at least
10 days prior to the date on which full power operations are desired to
commence. The application for license must contain any exhibits called
for by conditions on the construction permit. The staff will review the
license application and the request for program test authority and
issue a letter notifying the applicant whether full power operation has
been approved. Upon filing of the license application and related
exhibits, and while awaiting approval of full power operation, the FM
permittee may operate the directional antenna at one half (50%) of the
authorized effective radiated power. Alternatively, the permittee may
continue operation with its existing licensed facilities pending the
issuance of program test authority at the full effective radiated power
by the staff.
(3) FM licensees replacing a directional antenna pursuant to § 73.1690
(c)(2) without changes which require a construction permit ( see
§ 73.1690(b)) may immediately commence program test operations with the
new antenna at one half (50%) of the authorized ERP upon installation.
If the directional antenna replacement is an EXACT duplicate of the
antenna being replaced ( i.e. , same manufacturer, antenna model
number, and measured composite pattern), program tests may commence
with the new antenna at the full authorized power upon installation.
The licensee must file a modification of license application on FCC
Form 302-FM within 10 days of commencing operations with the newly
installed antenna, and the license application must contain all of the
exhibits required by § 73.1690(c)(2). After review of the
modification-of-license application to cover the antenna change, the
Commission will issue a letter notifying the applicant whether program
test operation at the full authorized power has been approved for the
replacement directional antenna.
(4) The permittee of an AM station with a directional antenna system
must file an application for license on FCC Form 302-AM requesting
program test authority with the FCC in Washington, DC at least ten (10)
days prior to the date on which it desires to commence program test
operations. The application must provide an AM directional antenna
proof of performance, containing the exhibits required by § 73.186.
After review of the application to cover the construction permit, the
Commission will issue a letter notifying the applicant whether program
test operations may commence. Program test operations may not commence
prior to issuance of staff approval.
(5) Except for permits subject to successive license terms, the
permittee of an LPFM station may begin program tests upon notification
to the FCC in Washington, DC, provided that within 10 days thereafter,
an application for license is filed. Program tests may be conducted by
a licensee subject to mandatory license terms only during the term
specified on such licensee's authorization.
(b) The Commission reserves the right to revoke, suspend, or modify
program tests by any station without right of hearing for failure to
comply adequately with all terms of the construction permit or the
provisions of § 73.1690(c) for a modification of license application,
or in order to resolve instances of interference. The Commission may,
at its discretion, also require the filing of a construction permit
application to bring the station into compliance the Commission's rules
(c) Unless sooner suspended or revoked, the program test authority
continues valid during FCC consideration of the application for
license, and during this period further extension of the construction
permit is not required. Program test authority shall be automatically
terminated by final determination upon the application for station
(d) All operation under program test authority shall be in strict
compliance with the rules governing broadcast stations and in strict
accordance with representations made in the application for license
pursuant to which the tests were authorized.
(e) Acceptance by the FCC of notification of the station of program
tests, or the granting of program test authority by the FCC, is not to
be construed by the permittee as approval by the FCC of the application
for station license.
(f) The licensee of a UHF TV station which is not in operation on, but
assigned to, the same allocated channel which a 1000 watt UHF
translator station is authorized to use (see § 73.3516, “Specification
of facilities”), shall notify the licensee of the translator station,
in writing, at least 10 days prior to commencing or resuming operation.
The TV station licensee shall also certify to the FCC in Washington, DC
that such advance notice has been given to the translator station
(g) Reports required. In their application for a license to cover a
construction permit and on the first anniversary of the commencement of
program tests, applicants for new broadcast facilities that were
granted after designation for a comparative hearing as a result of a
post designation settlement or a decision favoring them after
comparative consideration must report.
(1) Any deviations from comparative proposals relating to integration
of ownership and management and diversification of the media of mass
communciation contained in their application for a construction permit
at the time such application was granted; and
(2) Any deviations from an active/passive ownership structure proposed
in their application for a construction permit at the time such
application was granted.
(3) The reports referred to in paragraphs (g)(1) and (2) of this
section shall not be required in any case in which the order granting
the application relieved the applicant of the obligation to adhere to
[ 43 FR 32784 , July 28, 1978, as amended at 45 FR 6401 , Jan. 28, 1980;
47 FR 28388 , June 30, 1982; 49 FR 38132 , Sept. 27, 1984; 56 FR 795 ,
Jan. 9, 1991; 56 FR 25639 , June 5, 1991; 57 FR 48333 , Oct. 23, 1992; 62 FR 51059 , Sept. 30, 1997; 65 FR 7648 , Feb. 15, 2000; 65 FR 30004 , May
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