§  74.655   Authorization of equipment.

   (a) Except as provided in paragraph (b) of this section, all
   transmitting equipment first marketed for use under this subpart or
   placed into service after October 1, 1981, must be authorized under the
   certification procedure or Declaration of Conformity procedure, as
   detailed in paragraph (f) of this section. Equipment which is used at a
   station licensed prior to October 1, 1985, which has not been
   authorized as detailed in paragraph (f) of this section, may continue
   to be used by the licensee or its successors or assignees, provided
   that if operation of such equipment causes harmful interference due to
   its failure to comply with the technical standards set forth in this
   subpart, the FCC may, at its discretion, require the licensee to take
   such corrective action as is necessary to eliminate the interference.
   However, such equipment may not be further marketed or reused under
   part 74 after October 1, 1985.

   Note 1 to paragraph (a): The verification procedure has been replaced
   by Supplier's Declaration of Conformity. Equipment previously
   authorized under subpart J of part 2 of this chapter may remain in use.
   See § 2.950 of this chapter.

   (b) Certification or Supplier's Declaration of Conformity is not
   required for transmitters used in conjunction with TV pickup stations
   operating with a peak output power not greater than 250 mW. Pickup
   stations operating in excess of 250 mW licensed pursuant to
   applications accepted for filing prior to October 1, 1980 may continue
   operation subject to periodic renewal. If operation of such equipment
   causes harmful interference the FCC may, at its discretion, require the
   licensee to take such corrective action as is necessary to eliminate
   the interference.

   (c) The license of a TV auxiliary station may replace transmitting
   equipment with authorized equipment, as detailed under paragraph (f) of
   this section, without prior FCC approval, provided the proposed changes
   will not depart from any of the terms of the station or system
   authorization or the Commission's technical rules governing this
   service, and also provided that any changes made to authorized
   transmitting equipment is in compliance with the provisions of part 2
   of this chapter concerning modifications to authorized equipment.

   (d) Any manufacturer of a transmitter to be used in this service may
   authorize the equipment under the certification or Supplier's
   Declaration of Conformity procedures, as appropriate, following the
   procedures set forth in subpart J of part 2 of this chapter.

   (e) An applicant for a TV broadcast auxiliary station may also
   authorize an individual transmitter, as specified in paragraph (f) of
   this section, by following the procedures set forth in subpart J of
   part 2 of this chapter.

   (f) Transmitters designed to be used exclusively for a TV STL station,
   a TV intercity relay station, a TV translator relay station, or a TV
   microwave booster station, shall be authorized under Supplier's
   Declaration of Conformity. All other transmitters will be authorized
   under the certification procedure.

   [ 63 FR 36605 , July 7, 1998, as amended at  68 FR 12772 , Mar. 17, 2003;
    82 FR 50836 , Nov. 2, 2017]