Sec. 73.1610  Equipment tests.

    (a) During the process of construction of a new broadcast station, 
the permittee, after notifying the FCC in Washington, D.C. may, without 
further authority from the FCC, conduct equipment tests for the purpose 
of making such adjustments and measurements as may be necessary to 
assure compliance with the terms of the construction permit, the 
technical provisions of the application therefore, the rules and 
regulations and the applicable engineering standards. For AM stations, 
equipment tests, including either a directional or nondirectional proof 
of performance required by the construction permit, may be conducted 
during daytime hours provided that the antenna system is first 
substantially tuned during the experimental period. The nondirectional 
proof shall be conducted with power adjusted to 25% of that specified in 
the permit for the authorized directional facilities or, if applicable, 
to such higher power as is specified in the same permit for authorized 
nondirectional facilities. For licensed stations, see Sec. 73.1615, 
Operation During Modification of Facilities; and Sec. 73.157, Antenna 
Testing During Daytime.
    (b) The FCC may notify the permittee not to conduct equipment tests 
or may modify, cancel, suspend, or change the modes of testing or the 
dates and times for such tests in order to resolve interference 
complaints or when such action may appear to be in the public interest, 
convenience, and necessity.
    (c) Equipment tests may be continued so long as the construction 
permit shall remain valid.

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    (d) The authorization for tests embodied in this section shall not 
be construed as constituting a license to operate but as a necessary 
part of construction.

[ 43 FR 32783 , July 28, 1978, as amended at  47 FR 40174 , Sept. 13, 1982; 
 50 FR 30947 , July 31, 1985]