Sec. 74.832  Licensing requirements and procedures.

    (a) A license authorizing operation of one or more low power 
auxiliary stations will be issued only to the following:
    (1) A licensee of an AM, FM, TV, or International broadcast station 
or low power TV station. Low power auxiliary stations will be licensed 
for used with a specific broadcast or low power TV station or 
combination of stations licensed to the same licensee within the same 
community.
    (2) A broadcast network entity.
    (3) A cable television system operator who operates a cable system 
that produces program material for origination or access cablecasting, 
as defined in Sec. 76.5(r).
    (4) Motion picture producers as defined in Sec. 74.801.
    (5) Television program producers as defined in Sec. 74.801.
    (6) Licensees and conditional licensees of stations in the 
Multipoint Distribution Service and Multichannel Multipoint Distribution 
Service as defined in Sec. 21.2 of this chapter, or entities that hold 
an executed lease agreement with an MDS or MMDS licensee or conditional 
licensee or with an Instructional Television Fixed Service licensee or 
permittee.
    (b) An application for a new or renewal of low power auxiliary 
license shall specify the frequency band or bands desired. Only those 
frequency bands necessary for satisfactory operation shall be requested.
    (c) Licensees of AM, FM, TV, and International broadcast stations; 
low power TV stations; and broadcast network entities may be authorized 
to operate low power auxiliary stations in the frequency bands set forth 
in Sec. 74.802(a).
    (d) Cable television operations, motion picture and television 
program producers may be authorized to operate low power auxiliary 
stations only in the bands allocated for TV broadcasting.
    (e) An application for low power auxiliary stations or for a change 
in an existing authorization shall specify the broadcast station, 
combination of such stations, or the network with which the low power 
broadcast auxiliary facilities are to be principally used as given in 
paragraph (h) of this section; or it shall specify the motion picture or 
television production company or the cable television operator with 
which the low power broadcast auxiliary facilities are to be solely 
used. A single application, filed in duplicate on FCC Form 313 may be 
used in applying for the authority to operate one or more low power 
auxiliary units. The application must specify the number of units to be 
operated and the frequency bands which will be used. Motion picture 
producers, television program producers, and cable television operators 
are required to attach a single sheet to their application form 
explaining in detail the manner in which the eligibility requirements 
given in paragraph (a) of this section are met.
    (f) Applications for the use of the bands allocated for TV 
broadcasting must specify the usual area of operation within which the 
low power auxiliary station will be used. This area of operation may, 
for example, be specified as the metropolitan area in which the 
broadcast licensee serves, or the usual area within which motion picture 
and television producers are operating. Because low power auxiliary 
stations operating in these bands will only be permitted in areas 
removed from existing co-channel TV broadcast stations, licensees have 
full responsibility to ensure that operation of their stations does not 
occur at distances less than those specified in Sec. 74.802(b).
    (g) Low power auxiliary licenses will specify the minimum and 
maximum number of units that may be operated as follows: from 1 to 5 
stations; from 4 to 12 stations; from 10 to 24 stations; from 20 to 50 
stations; 45 or more stations.
    (h) For broadcast licensees, low power auxiliary stations will be 
licensed for use with a specific broadcast station or combination of 
broadcast stations licensed to the same licensee and to the same 
community. Licensing of low power auxiliary stations for use with a 
specific broadcast station or combination of such stations does not 
preclude their use with other broadcast stations of the same or a 
different licensee at any location. Operation of low power auxiliary 
stations outside

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the area of operation specified in the authorization, or in other bands 
is permitted without further authority of the Commission. However, 
operation of low power auxiliary stations shall, at all times, be in 
accordance with the requirements of Sec. 74.882 of this subpart. Also, a 
low power auxiliary station that is being used with a broadcast station 
or network other than one with which it is licensed, must, in addition 
to meeting the requirements of Sec. 74.861 of this subpart, not cause 
harmful interference to another low power auxiliary station which is 
being used with the broadcast station(s) or network with which it is 
licensed.
    (i) In case of permanent discontinuance of operation of a station 
licensed under this subpart, the licensee shall forward the station 
license to the Federal Communications Commission, Broadcast Auxiliary 
Radio Services, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325 for 
cancellation.
    (j) The license shall be retained in the licensee's files at the 
address shown on the authorization, posted at the transmitter, or posted 
at the control point of the station.

[ 42 FR 14729 , Mar. 16, 1977, as amended at  47 FR 9221 , Mar. 4, 1982;  47 FR 21503 , May 18, 1982;  47 FR 55938 , Dec. 14, 1982;  51 FR 4603 , Feb. 6, 
1986;  51 FR 9966 , Mar. 24, 1986;  52 FR 2535 , Jan. 23, 1987;  55 FR 46012 , 
Oct. 31, 1990;  58 FR 19776 , Apr. 16, 1993]