Sec.  74.655   Authorization of equipment.

   (a) Except as provided in paragraph (b) of this section, all transmitting
   equipment first marketed for use under this subpart or placed into service
   after  October  1, 1981, must be authorized under the certification or
   verification  procedure, as detailed in paragraph (f) of this section.
   Equipment which is used at a station licensed prior to October 1, 1985,
   which has not been authorized as detailed in paragraph (f) of this section,
   may continue to be used by the licensee or its successors or assignees,
   provided that if operation of such equipment causes harmful interference due
   to its failure to comply with the technical standards set forth in this
   subpart, the FCC may, at its discretion, require the licensee to take such
   corrective action as is necessary to eliminate the interference. However,
   such equipment may not be further marketed or reused under part 74 after
   October 1, 1985.

   (b) Certification or verification is not required for transmitters used in
   conjunction with TV pickup stations operating with a peak output power not
   greater than 250 mW. Pickup stations operating in excess of 250 mW licensed
   pursuant to applications accepted for filing prior to October 1, 1980 may
   continue  operation  subject to periodic renewal. If operation of such
   equipment  causes harmful interference the FCC may, at its discretion,
   require the licensee to take such corrective action as is necessary to
   eliminate the interference.

   (c) The license of a TV auxiliary station may replace transmitting equipment
   with authorized equipment, as detailed under paragraph (f) of this section,
   without prior FCC approval, provided the proposed changes will not depart
   from  any  of  the terms of the station or system authorization or the
   Commission's technical rules governing this service, and also provided that
   any changes made to authorized transmitting equipment is in compliance with
   the  provisions of part 2 of the FCC rules concerning modifications to
   authorized equipment.

   (d)  Any  manufacturer of a transmitter to be used in this service may
   authorize the equipment under the certification or verification procedure,
   as appropriate, following the procedures set forth in subpart J of part 2 of
   the FCC rules.

   (e) An applicant for a TV broadcast auxiliary station may also authorize an
   individual transmitter, as specified in paragraph (f) of this section, by
   following the procedures set forth in subpart J of part 2 of the FCC rules
   and regulations.

   (f) Transmitters designed to be used exclusively for a TV STL station, a TV
   intercity relay station, a TV translator relay station, or a TV microwave
   booster  station,  shall  be  authorized under verification. All other
   transmitters will be authorized under the certification procedure.

   [ 63 FR 36605 , July 7, 1998, as amended at  68 FR 12772 , Mar. 17, 2003]