Sec.  73.1610   Equipment tests.

   (a) During the process of construction of a new broadcast station, the
   permittee, after notifying the FCC in Washington, D.C. may, without further
   authority from the FCC, conduct equipment tests for the purpose of making
   such adjustments and measurements as may be necessary to assure compliance
   with the terms of the construction permit, the technical provisions of the
   application  therefore,  the  rules and regulations and the applicable
   engineering standards. For AM stations, equipment tests, including either a
   directional  or  nondirectional  proof  of performance required by the
   construction permit, may be conducted during daytime hours provided that the
   antenna system is first substantially tuned during the experimental period.
   The nondirectional proof shall be conducted with power adjusted to 25% of
   that specified in the permit for the authorized directional facilities or,
   if applicable, to such higher power as is specified in the same permit for
   authorized nondirectional facilities. For licensed stations, see  Sec. 73.1615,
   Operation During Modification of Facilities; and  Sec. 73.157, Antenna Testing
   During Daytime.

   (b) The FCC may notify the permittee not to conduct equipment tests or may
   modify, cancel, suspend, or change the modes of testing or the dates and
   times for such tests in order to resolve interference complaints or when
   such  action may appear to be in the public interest, convenience, and
   necessity.

   (c) Equipment tests may be continued so long as the construction permit
   shall remain valid.

   (d)  The authorization for tests embodied in this section shall not be
   construed as constituting a license to operate but as a necessary part of
   construction.

   [ 43 FR 32783 , July 28, 1978, as amended at  47 FR 40174 , Sept. 13, 1982;  50 FR 30947 , July 31, 1985]