Goto Section: 73.558 | 73.567 | Table of Contents
Revised as of December 4, 2012
Goto Year:2011 |
§ 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
(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.
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Goto Section: 73.558 | 73.567
Goto Year: 2011 |
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