Sec.  74.1263   Time of operation.

   (a) The licensee of an FM translator or booster station is not required to
   adhere to any regular schedule of operation. However, the licensee of an FM
   translator or booster station is expected to provide a dependable service to
   the  extent  that  such is within its control and to avoid unwarranted
   interruptions to the service provided.

   (b) An FM translator or booster station rebroadcasting the signal of a
   primary station shall not be permitted to radiate during extended periods
   when signals of the primary station are not being retransmitted.

   (c) The licensee of an FM translator or booster station must notify the
   Commission  of  its  intent  to  discontinue operations for 30 or more
   consecutive days. Notification must be made within 10 days of the time the
   station  first  discontinues operation and Commission approval must be
   obtained for such discontinued operation to continue beyond 30 days. The
   notification shall specify the causes of the discontinued operation and a
   projected date for the station's return to operation, substantiated by
   supporting documentation. If the projected date for the station's return to
   operation  cannot be met, another notification and further request for
   discontinued  operations  must  be  submitted  in conformance with the
   requirements of this section. Within 48 hours of the station's return to
   operation,  the  licensee must notify the Commission of such fact. All
   notification must be in writing.

   (d) The licensee of an FM translator or booster station must notify the
   Commission of its intent to permanently discontinue operations at least two
   days before operation is discontinued. Immediately after discontinuance of
   operation,  the  licensee  shall forward the station license and other
   instruments of authorization to the FCC, Washington, DC for cancellation.

   (e) Failure of an FM translator or booster station to operate for a period
   of 30 or more consecutive days, except for causes beyond the control of the
   licensee or authorized pursuant to paragraph (c) of this section, shall be
   deemed evidence of discontinuation of operation and the license of the
   station may be cancelled at the discretion of the Commission. Furthermore,
   the station's license will expire as a matter of law, without regard to any
   causes beyond control of the licensee or to any authorization pursuant to
   paragraph (c) of this section, if the station fails to transmit broadcast
   signals for any consecutive 12-month period, notwithstanding any provision,
   term, or condition of the license to the contrary.

   [ 55 FR 50699 , Dec. 10, 1990, as amended at  61 FR 28768 , June 6, 1996]