§  73.561   Operating schedule; time sharing.

   (a) All noncommercial educational FM stations will be licensed for
   unlimited time operation except those stations operating under a time
   sharing arrangement. All noncommercial educational FM stations are
   required to operate at least 36 hours per week, consisting of at least
   5 hours of operation per day on at least 6 days of the week; however,
   stations licensed to educational institutions are not required to
   operate on Saturday or Sunday or to observe the minimum operating
   requirements during those days designated on the official school
   calendar as vacation or recess periods.

   (b) All stations, including those meeting the requirements of paragraph
   (a) of this section, but which do not operate 12 hours per day each day
   of the year, will be required to share use of the frequency upon the
   grant of an appropriate application proposing such share time
   arrangement. Such applications shall set forth the intent to share time
   and shall be filed in the same manner as are applications for new
   stations. They may be filed at any time, but in cases where the parties
   are unable to agree on time sharing, action on the application will be
   taken only in connection with the renewal of application for the
   existing station. In order to be considered for this purpose, such an
   application to share time must be filed no later than the deadline for
   filing petitions to deny the renewal application of the existing
   licensee, or, in the case of renewal applications filed by the existing
   licensee on or before May 1, 1995, no later than the deadline for
   filing applications in conflict with the such renewal applications.

   (1) The licensee and the prospective licensee(s) shall endeavor to
   reach an agreement for a definite schedule of periods of time to be
   used by each. Such agreement shall be in writing and shall set forth
   which licensee is to operate on each of the hours of the day throughout
   the year. Such agreement shall not include simultaneous operation of
   the stations. Each licensee shall file the same in triplicate with each
   application to the Commission for initial construction permit or
   renewal of license. Such written agreements shall become part of the
   terms of each station's license.

   (2) The Commission desires to facilitate the reaching of agreements on
   time sharing. However, if the licensees of stations authorized to share
   time are unable to agree on a division of time, the Commission shall be
   so notified by statement to that effect filed with the application
   proposing time sharing. Thereafter the Commission will designate the
   application for hearing on any qualification issues arising regarding
   the renewal or new applicants. If no such issues pertain, the
   Commission will set the matter for expedited hearing limited solely to
   the issue of the sharing of time. In the event the stations have been
   operating under a time sharing agreement but cannot agree on its
   continuation, a hearing will be held, and pending such hearing, the
   operating schedule previously adhered to shall remain in full force and
   effect.

   (c) A departure from the regular schedule set forth in a time-sharing
   agreement will be permitted only in cases where a written agreement to
   that effect is reduced to writing, is signed by the licensees of the
   stations affected thereby, and is filed in triplicate by each licensee
   with the Commission, Attention: Audio Division, Media Bureau, prior to
   the time of the proposed change. If time is of the essence, the actual
   departure in operating schedule may precede the actual filing of the
   written agreement, provided that appropriate notice is sent to the
   Commission in Washington, DC, Attention: Audio Division, Media Bureau.

   (d) In the event that causes beyond the control of a permittee or
   licensee make it impossible to adhere to the operating schedule in
   paragraph (a) or (b) of this section or to continue operating, the
   station may limit or discontinue operation for a period not exceeding
   30 days without further authority from the Commission provided that
   notification is sent to the Commission in Washington, DC, Attention:
   Audio Division, Media Bureau, no later than the 10th day of limited or
   discontinued operation. During such period, the permittee shall
   continue to adhere to the requirements of the station license
   pertaining to the lighting of antenna structures. In the event normal
   operation is restored prior to the expiration of the 30 day period, the
   permittee or licensee will notify the FCC, Attention: Audio Division of
   the date that normal operations resumed. If causes beyond the control
   of the permittee or licensee make it impossible to comply within the
   allowed period, Special Temporary Authority (see §  73.1635) must be
   requested to remain silent for such additional time as deemed
   necessary. The license of a broadcasting station that fails to transmit
   broadcast signals for any consecutive 12 month period expires as a
   matter of law at the end of that period, notwithstanding any provision,
   term, or condition of license to the contrary.

   Note 1 to §  73.561: For allocations purposes, both (all) stations
   sharing time will be treated as unlimited time stations.

   Note 2 to §  73.561: See § §  73.1705, 73.1715, and 73.1740.

   (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C.
   154, 155, 303))

   [ 43 FR 39717 , Sept. 6, 1978, as amended at  43 FR 45845 , Oct. 4, 1978;
    44 FR 3416 , Jan. 19, 1979;  44 FR 65764 , Nov. 15, 1979;  47 FR 54448 ,
   Dec. 3, 1982;  50 FR 13974 , Apr. 9, 1985;  61 FR 18291 , Apr. 25, 1996;  61 FR 28767 , June 6, 1996;  63 FR 33877 , June 22, 1998;  67 FR 13231 , Mar.
   21, 2002]

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