Sec. 74.655  Authorization of equipment.

    (a) Except as provided in paragraph (b), all transmitting equipment 
first marketed for use under this subpart or placed into service after 
October 1, 1981, must be type accepted or notified, as detailed in 
paragraph (g) of this section. Equipment which is used at a station 
licensed prior to October 1, 1985, which is not type accepted or 
notified, as detailed in paragraph (g) 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. Transmitters designed for use in the 31.0 to 
31.3 GHz band shall be authorized under the notification procedure.
    (b) Type acceptance or notification 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 type accepted or notified equipment, as detailed under 
paragraph (g) 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 type accepted or 
modified transmitting equipment is in compliance with the provisions of 
Part 2 of the FCC Rules concerning modifications to authorized 
equipment.
    (d) Any manufacturer of a transmitter to be used in this service may 
apply for type acceptance or notification following the procedures set 
forth in Part 2 of the FCC Rules.
    (e) An applicant for a TV broadcast auxiliary station may also apply 
for type acceptance or notification, as specified in paragraph (f) of 
this section, for an individual transmitter by following the procedures 
set forth in Subpart J of Part 2 of the FCC Rules and Regulations. 
Individual transmitters which are authorized will not normally be 
included in the FCC's Radio Equipment List.
    (f) As of March 5, 1984, 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 the notification procedure. All other transmitters will 
be authorized under the type acceptance procedure. Transmitters 
authorized under type acceptance are acceptable for use in all TV 
broadcast auxiliary stations (see Sec. 2.904(d) of this chapter).

[ 49 FR 4000 , Feb. 1, 1984, as amended at  49 FR 7131 , Feb. 27, 1984;  49 FR 8253 , Mar. 6, 1984;  49 FR 20504 , May 15, 1984;  50 FR 7343 , Feb. 22, 
1985;  50 FR 32417 , Aug. 12, 1985;  51 FR 26251 , July 22, 1986]