Sec. 73.1715  Share time.

    Operation is permitted by two or more broadcast stations using the 
same channel in accordance with a division of hours mutually agreed upon 
and considered part of their licenses.
    (a) If the licenses of stations authorized to share time do not 
specify hours of operation, the licensees shall endeavor to reach an 
agreement for a definite schedule of periods of time to be used by each. 
Such agreement shall be in writing and each licensee shall file it in 
duplicate original with each application to the FCC in Washington, DC 
for renewal of license. If and when

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such written agreements are properly filed in conformity with this 
Section, the file mark of the FCC will be affixed thereto, one copy will 
be retained by the FCC, and one copy returned to the licensee to be 
posted with the station license and considered as a part thereof. If the 
license specifies a proportionate time division, the agreement shall 
maintain this proportion. If no proportionate time division is specified 
in the license, the licensees shall agree upon a division of time. Such 
division of time shall not include simultaneous operation of the 
stations unless specifically authorized by the terms of the license.
    (b) If the licensees of stations authorized to share time are unable 
to agree on a division of time, the FCC in Washington, DC shall be so 
notified by a statement filed with the applications for renewal of 
licenses. Upon receipt of such statement, the FCC will designate the 
applications for a hearing and, pending such hearing, the operating 
schedule previously adhered to shall remain in full force and effect.
    (c) A departure from the regular schedule in a time-sharing 
agreement will be permitted only in cases where an agreement to that 
effect is put in writing, is signed by the licensees of the stations 
affected thereby and filed in triplicate by each licensee with the FCC 
in Washington, DC prior to the time of the time of the proposed change. 
If time is of the essence, the actual departure in operating schedule 
may precede the actual filing of written agreement, provided appropriate 
notice is sent to the FCC.
    (d) If the license of an AM station authorized to share time does 
not specify the hours of operation, the station may be operated for the 
transmission of regular programs during the experimental period provided 
an agreement thereto is reached with the other stations with which the 
broadcast day is shared: And further provided, Such operation is not in 
conflict with Sec. 73.72 (Operating during the experimental period). 
Time-sharing agreements for operation during the experimental period 
need not be submitted to the FCC.
    (e) Noncommercial educational FM stations are authorized for share 
time operation according to the provisions of Sec. 73.561.

[43 1997 FR 45849 , Oct. 4, 1978, as amended at  47 FR 40174 , Sept. 13, 1982]