§  73.1615   Operation during modification of facilities.

   When the licensee of an existing AM, FM, TV or Class A TV station is in
   the process of modifying existing facilities as authorized by a
   construction permit and determines it is necessary to either
   discontinue operation or to operate with temporary facilities to
   continue program service, the following procedures apply:

   (a) Licensees holding a construction permit for modification of
   directional or nondirectional FM, TV or Class A TV or nondirectional AM
   station facilities may, without specific FCC authority, for a period
   not exceeding 30 days:

   (1) Discontinue operation, or

   (2) Operate with temporary facilities to maintain, as nearly as
   possible, but not exceed, the size of the presently licensed coverage
   area.

   (b) Licensees of an AM station holding a construction permit which
   involves directional facilities and which does not involve a change in
   operating frequency may, without specific FCC authority, for a period
   not exceeding 30 days:

   (1) Discontinue operation, or

   (2) Operate with reduced power or with parameters at variance from
   licensed tolerances while maintaining monitoring point field strengths
   within licensed limits during the period subsequent to the commencement
   of modifications authorized by the construction permit, or

   (3) Operate in a nondirectional mode during the presently licensed
   hours of directional operation with power reduced to 25% or less of the
   nominal licensed power, or whatever higher power, not exceeding
   licensed power, will insure that the radiated field strength specified
   by the license is not exceeded at any given asimuth for the
   corresponding hours of directional operation, or

   (4) Operate in a nondirectional mode during daytime hours, if not
   already so licensed, only as necessary to conduct a required
   nondirectional proof of performance with a power not to exceed 25% of
   the maximum power authorized by the construction permit for directional
   operation, or

   (5) Operate during daytime hours with either the daytime or nighttime
   directional pattern and with the power authorized by the construction
   permit only as necessary to take proof of performance measurements.
   Operating power shall be promptly reduced to presently licensed level
   during any significant period of time that these measurements are not
   being taken. No daytime operation of construction permit directional
   patterns authorized by this paragraph shall be conducted before such
   patterns have been substantially tuned during the experimental period.

   (6) In the event the directional pattern authorized by the construction
   permit replaces a licensed directional pattern, the licensee may
   operate with the substantially adjusted construction permit pattern
   during the corresponding licensed hours of directional operation with
   power not exceeding that specified for the licensed pattern.

   (c) Such operation or discontinuance of operation in accordance with
   the provisions of paragraph (a) or (b) of this section may begin upon
   notification to the FCC in Washington, DC.

   (1) Should it be necessary to continue the procedures in either
   paragraph (a) or (b) of this section beyond 30 days, an informal letter
   request signed by the licensee or the licensee's representative must be
   sent to the FCC in Washington, DC. prior to the 30th day.

   (2) 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 the license or construction permit to the
   contrary.

   (d) Licensees of an AM station holding a construction permit which
   authorizes both a change in frequency and directional facilities must
   request and obtain authority from the FCC in Washington, DC. prior to
   using any new installation authorized by the permit, or using temporary
   facilities.

   (1) The request is to be made at least 10 days prior to the date on
   which the temporary operation is to commence. The request is to be made
   by letter which shall describe the operating modes and facilities to be
   used. Such letter requests shall be signed by the licensee or the
   licensee's representative.

   (2) Discontinuance of operation is permitted upon notification to the
   FCC In Washington, DC. Should it be necessary to discontinue operation
   longer than 30 days, an informal letter request, signed by the licensee
   or the licensee's representatives, must be sent to the FCC in
   Washington, DC prior to the 30th day.

   (e) The FCC may modify or cancel the temporary operation permitted
   under the provisions of paragraph (a), (b), (c) or (d) of this section
   without prior notice or right to hearing.

   [ 50 FR 30947 , July 31, 1985, as amended at  61 FR 28767 , June 6, 1996;
    65 FR 30004 , May 10, 2000]