Sec.  74.25   Temporary conditional operating authority.

   An  applicant for a new broadcast auxiliary radio service station or a
   modification of an existing station under subparts D, E, F, or H of this
   part  may  operate  the  proposed  station  during the pendency of its
   applications upon the filing of a properly completed formal application that
   complies with the rules for the particular class of station, provided that
   the conditions set forth are satisfied.

   (a) Conditions applicable to all broadcast auxiliary stations. (1) Stations
   operated pursuant to this section shall be identified by the transmission of
   the call sign of the associated part 73 of this chapter broadcast station,
   if one exists, or the prefix “WT” followed by the applicant's local business
   telephone number for broadcast or cable network entities.

   (2) The antenna structure(s) has been previously studied by the Federal
   Aviation Administration and determined to pose no hazard to aviation safety
   as required by subpart B of part 17 of this chapter; or the antenna or tower
   structure does not exceed 6.1 meters above ground level or above an existing
   man-made structure (other than an antenna structure), if the antenna or
   tower has not been previously studied by the Federal Aviation Administration
   and cleared by the FCC;

   (3)  The  grant of the application(s) does not require a waiver of the
   Commission's rules;

   (4)  The  applicant  has  determined  that  the facility(ies) will not
   significantly affect the environment as defined in  Sec. 1.1307 of this chapter;

   (5) The station site does not lie within an area identified in  Sec. 1.924 of
   this chapter.

   (b) Conditions applicable to remote pickup broadcast auxiliary stations. (1)
   The auxiliary station must be located within 80 km (50 mi) of the broadcast
   studio or broadcast transmitter.

   (2) The applicant must coordinate the operation with all affected co-channel
   and adjacent channel licensees in the area of operation. This requirement
   can be satisfied by coordination with the local frequency committee if one
   exists.

   (3) Operation under this provision is not permitted between 152.87 MHz and
   153.35 MHz.

   (c)  Conditions applicable to aural and television broadcast auxiliary
   stations. (1) The applicable frequency coordination procedures have been
   successfully completed and the filed application is consistent with that
   coordination.

   (2) The station site does not lie within an area requiring international
   coordination.

   (3) If operated on frequencies in the 17.8–19.7 GHz band for any services or
   on frequencies in the 17.7–17.8 GHz band for MVPD operations, the station
   site does not lie within any of the areas identified in  Sec. 1.924 of this
   chapter.

   (d)  Operation  under this section shall be suspended immediately upon
   notification from the Commission or by the District Director of a Commission
   field facility, and shall not be resumed until specific authority is given
   by the Commission or District Director. When authorized by the District
   Director, short test operations may be made.

   (e)  Conditional authority ceases immediately if the application(s) is
   returned by the Commission because it is not acceptable for filing.

   (f) Conditional authorization does not prejudice any action the Commission
   may take on the subject application(s). Conditional authority is accepted
   with  the express understanding that such authority may be modified or
   cancelled  by  the  Commission  at any time without hearing if, in the
   Commission's discretion, the need for such action arises. An applicant
   operating  pursuant  to  this  conditional authority assumes all risks
   associated with such operation, the termination or modification of the
   conditional  authority,  or  the subsequent dismissal or denial of its
   application(s).

   [ 68 FR 12762 , Mar. 17, 2003, as amended at  69 FR 17958 , Apr. 6, 2004;  71 FR 69048 , Nov. 29, 2006]