§  5.205   Licensing requirements, necessary showing.

   (a) An applicant for a new experimental broadcast station, change in
   facilities of any existing station, or modification of license is
   required to make a satisfactory showing of compliance with the general
   requirements of the Communications Act of 1934, as amended, as well as
   the following:

   (1) That the applicant has a definite program of research and
   experimentation in the technical phases of broadcasting which indicates
   reasonable promise of substantial contribution to the developments of
   the broadcasting art.

   (2) That upon the authorization of the proposed station the applicant
   can and will proceed immediately with its program of research and
   experimentation.

   (3) That the transmission of signals by radio is essential to the
   proposed program of research and experimentation.

   (4) That the program of research and experimentation will be conducted
   by qualified personnel.

   (b) A license for an experimental broadcast station will be issued only
   on the condition that no objectionable interference to the regular
   program transmissions of broadcast stations will result from the
   transmissions of the experimental stations.

   (c) Special provision for broadcast experimental radio station
   applications. For purposes of the definition of “experimental
   authorization” in Section II.A.6 of the Nationwide Programmatic
   Agreement Regarding the Section 106 National Historic Preservation Act
   Review Process set forth in Appendix C to Part 1 of this chapter, an
   Broadcast Experimental Radio Station authorized under this Subpart
   shall be considered an “Experimental Broadcast Station authorized under
   part 74 of the Commission's Rules.”

   [ 78 FR 25162 , Apr. 29, 2013]