Sec. 74.851  Type acceptance of equipment.

    (a) Applications for new low power auxiliary stations will not be 
accepted

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unless the transmitting equipment specified therein has been type 
accepted for use pursuant to provisions of this subpart.
    (b) Any manufacturer of a transmitter to be used in this service may 
apply for type acceptance for such transmitter following the type 
acceptance procedure set forth in part 2 of the Commission's Rules and 
Regulations. Attention is also directed to part 1 of the Commission's 
Rules and Regulations which specifies the fees required when filing an 
application for type acceptance.
    (c) An applicant for a low power auxiliary station may also apply 
for type acceptance for an individual transmitter by following the type 
acceptance procedure set forth in part 2 of the Commission's Rules and 
Regulations. The application for type acceptance must be accompanied by 
the proper fees as prescribed in part 1 of the Commission's Rules and 
Regulations. Individual transmitters which are type accepted will not 
normally be included in the Commission's ``Radio Equipment List.''
    (d) Low power auxiliary station equipment authorized to be used 
pursuant to an application accepted for filing prior to December 1, 1977 
may continue to be used by the licensee or its successors or assignees: 
Provided, however, If operation of such equipment causes harmful 
interference due to its failure to comply with the technical standards 
set forth in this subpart, the Commission may, at its discretion, 
require the licensee to take such corrective action as is necessary to 
eliminate the interference.
    (e) Each instrument of authority which permits operation of a low 
power auxiliary station using equipment which has not been type accepted 
will specify the particular transmitting equipment which the licensee is 
authorized to use.
    (f) All transmitters marketed for use under this subpart shall be 
type accepted by the Federal Communications Commission for this purpose. 
(Refer to subpart I of part 2 of the Commission's rules and 
regulations.)

(Sec. 5, 48 Stat. 1068; 47 U.S.C. )

[42 155 FR 14729 , Mar. 16, 1977, as amended at  42 FR 43637 , Aug. 22, 1977; 
 43 FR 13576 , Mar. 31, 1978]