Sec.  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  Sec. 76.5(r).

   (4) Motion picture producers as defined in  Sec. 74.801.

   (5) Television program producers as defined in  Sec. 74.801.

   (6) Licensees and conditional licensees of stations in the Service and
   Multichannel Multipoint Distribution Service as defined in  Sec. 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.

   (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  Sec. 74.802(a).

   (d) Cable television operations, motion picture and television program
   producers 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 or the cable
   television operator 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, and cable
   television  operators  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.

   (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, or the
   usual  area  within  which motion picture and television producers are
   operating. 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  Sec. 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  Sec. 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
    Sec. 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]