FCC 74.832 Revised as of October 1, 2014
Goto Year:2013 |
§ 74.832 Licensing requirements and procedures.
(a) A license authorizing operation of one or more low power auxiliary
stations will be issued only to the following:
(1) A licensee of an AM, FM, TV, or International broadcast station or
low power TV station. Low power auxiliary stations will be licensed for
used with a specific broadcast or low power TV station or combination
of stations licensed to the same licensee within the same community.
(2) A broadcast network entity.
(3) A cable television system operator who operates a cable system that
produces program material for origination or access cablecasting, as
defined in § 76.5(r).
(4) Motion picture producers as defined in § 74.801.
(5) Television program producers as defined in § 74.801.
(6) Licensees and conditional licensees of stations in the Service and
Multichannel Multipoint Distribution Service as defined in § 21.2 of
this chapter, or entities that hold an executed lease agreement with an
MDS or MMDS licensee or conditional licensee or with an Instructional
Television Fixed Service licensee or permittee.
(7) Large venue owners or operators as defined in § 74.801.
(8) Professional sound companies as defined in § 74.801.
(b) An application for a new or renewal of low power auxiliary license
shall specify the frequency band or bands desired. Only those frequency
bands necessary for satisfactory operation shall be requested.
(c) Licensees of AM, FM, TV, and International broadcast stations; low
power TV stations; and broadcast network entities may be authorized to
operate low power auxiliary stations in the frequency bands set forth
in § 74.802(a).
(d) Cable television operations, motion picture and television program
producers, large venue owners or operators, and professional sound
companies may be authorized to operate low power auxiliary stations
only in the bands allocated for TV broadcasting.
(e) An application for low power auxiliary stations or for a change in
an existing authorization shall specify the broadcast station, or the
network with which the low power broadcast auxiliary facilities are to
be principally used as given in paragraph (h) of this section; or it
shall specify the motion picture or television production company, the
cable television operator, the professional sound company, or, if
applicable, the venue with which the low power broadcast auxiliary
facilities are to be solely used. A single application, filed on FCC
Form 601 may be used in applying for the authority to operate one or
more low power auxiliary units. The application must specify the
frequency bands which will be used. Motion picture producers,
television program producers, cable television operators, large venue
owners or operators, and professional sound companies are required to
attach a single sheet to their application form explaining in detail
the manner in which the eligibility requirements given in paragraph (a)
of this section are met. In addition, large venue owners or operators
and professional sound companies shall include on the attachment the
following certification and shall sign and date the certification: "The
applicant hereby certifies that it routinely uses 50 or more low power
auxiliary station devices, where the use of such devices is an integral
part of major events or productions."
(f) Applications for the use of the bands allocated for TV broadcasting
must specify the usual area of operation within which the low power
auxiliary station will be used. This area of operation may, for
example, be specified as the metropolitan area in which the broadcast
licensee serves, the usual area within which motion picture and
television producers are operating, or the location of the venue.
Licenses issued to large venue owners or operators are specific to a
single venue and authorize operation only at that venue. Because low
power auxiliary stations operating in these bands will only be
permitted in areas removed from existing co-channel TV broadcast
stations, licensees have full responsibility to ensure that operation
of their stations does not occur at distances less than those specified
in § 74.802(b).
(g) Low power auxiliary licensees shall specify the maximum number of
units that will be operated.
(h) For broadcast licensees, low power auxiliary stations will be
licensed for use with a specific broadcast station or combination of
broadcast stations licensed to the same licensee and to the same
community. Licensing of low power auxiliary stations for use with a
specific broadcast station or combination of such stations does not
preclude their use with other broadcast stations of the same or a
different licensee at any location. Operation of low power auxiliary
stations outside the area of operation specified in the authorization,
or in other bands is permitted without further authority of the
Commission. However, operation of low power auxiliary stations shall,
at all times, be in accordance with the requirements of § 74.882 of
this subpart. Also, a low power auxiliary station that is being used
with a broadcast station or network other than one with which it is
licensed, must, in addition to meeting the requirements of § 74.861 of
this subpart, not cause harmful interference to another low power
auxiliary station which is being used with the broadcast station(s) or
network with which it is licensed.
(i) In case of permanent discontinuance of operations of a station
licensed under this subpart, the licensee shall cancel the station
license using FCC Form 601. For purposes of this section, a station
which is not operated for a period of one year is considered to have
been permanently discontinued.
(j) The license shall be retained in the licensee's files at the
address shown on the authorization, posted at the transmitter, or
posted at the control point of the station.
[ 42 FR 14729 , Mar. 16, 1977, as amended at 47 FR 9221 , Mar. 4, 1982; 47 FR 21503 , May 18, 1982; 47 FR 55938 , Dec. 14, 1982; 51 FR 4603 , Feb. 6,
1986; 51 FR 9966 , Mar. 24, 1986; 52 FR 2535 , Jan. 23, 1987; 55 FR 46012 , Oct. 31, 1990; 58 FR 19776 , Apr. 16, 1993; 68 FR 12772 , Mar. 17,
2003; 69 FR 72045 , Dec. 10, 2004; 79 FR 40689 , July 14, 2014]
Effective Date Note: At 79 FR 40689 , July 14, 2014, § 74.832 was
amended by adding paragraphs (a)(7) and (a)(8) and by revising
paragraphs (d), (e), and (f). These paragraphs contain information
collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of Management and Budget.
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