§  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 §  76.5(r).

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

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

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

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