FCC 73.3542 Revised as of December 4, 2012
Goto Year:2011 |
§ 73.3542 Application for emergency authorization.
(a) Authority may be granted, on a temporary basis, in extraordinary
circumstances requiring emergency operation to serve the public
interest. such situations include: emergencies involving danger to life
and property; a national emergency proclaimed by the President or the
Congress of the U.S.A and; the continuance of any war in which the
United States is engaged, and where such action is necessary for the
national defense or security or otherwise in furtherance of the war
(1) An informal application may be used. The FCC may grant such
construction permits, station licenses, modifications or renewals
thereof, without the filing of a formal application.
(2) No authorization so granted shall continue to be effective beyond
the period of the emergency or war requiring it.
(3) Each individual request submitted under the provisions of this
paragraph shall contain, as a minimum requirement, the following
(i) Name and address of applicant.
(ii) Location of proposed installation or operation.
(iii) Official call letters of any valid station authorization already
held by applicant and the station location.
(iv) Type of service desired (not required for renewal or modification
unless class of station is to be modified).
(v) Frequency assignment, authorized transmitter power(s), authorized
class(es) of emission desired (not required for renewal; required for
modification only to the extent such information may be involved).
(vi) Equipment to be used, specifying the manufacturer and type or
model number (not required for renewal; required for modification only
to the extent such information may be involved).
(vii) Statements to the extent necessary for the FCC to determine
whether or not the granting of the desired authorization will be in
accordance with the citizenship eligibility requirements of section 310
of the Cummunications Act.
(viii) Statement of facts which, in the opinion of the applicant,
constitute an emergency to be found by the FCC for the purpose of this
section. This statement must also include the estimated duration of the
emergency and if during an emergency or war declared by the President
or Congress, why such action, without formal application, is necessary
for the national defense or security or in furtherance of the war
(b) Emergency operating authority issued under this section may be
cancelled or modified by the FCC without prior notice or right to
hearing. See also § 73.1250, Broadcasting Emergency Information, for
situations in which emergency operation may be conducted without prior
authorization, and § 73.1635, Special Temporary Authorization (STA),
for temporary operating authorizations necessitated by circumstances
not within the ambit of this section.
[ 50 FR 30948 , July 31, 1985, as amended at 63 FR 33878 , June 22, 1998]
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