Sec. 78.33 Special temporary authority.
(a) Notwithstanding the requirements of Secs. 78.15 and 78.20, in
circumstances requiring immediate or temporary use of facilities, a
request may be made for special temporary authority to install and
operate new equipment or to operate licensed equipment in a manner
different from that authorized in a station license. Any such request
may be in letter form, and shall be submitted in duplicate: Provided,
however, That in cases of emergency involving danger to life or property
or due to damage to equipment, such request may be made by telephone or
telegraph with the understanding that a written request shall be
submitted within ten (10) days thereafter.
(b) Special temporary authority may also be requested to conduct a
field survey to determine necessary data in connection with the
preparation of a formal application for installation of a radio system
under this part. Such authority may be granted to equipment suppliers
and others who are not operators of cable television systems or other
eligible systems, as well as to cable operators or other eligible system
operators, to conduct equipment, program, service, and path tests.
(c) Any request for special temporary authority shall be clear and
complete within itself as to the authority requested. In addition, such
requests shall contain the following information:
(1) Name, address, and citizenship of applicant;
(2) Grounds for special action, including a description of any
emergency or damage to equipment;
(3) Type of operation to be conducted;
(4) Purpose of operation;
(5) Time and date of proposed operation;
(6) Class of station and nature of service;
(7) Location of station;
(8) Equipment to be used, specifying manufacturer, model number, and
number of units;
(9) Frequency or frequencies desired, consistent with Sec. 78.18:
Provided, however, That in the case of events of widespread interest and
importance that cannot be transmitted successfully on these frequencies,
frequencies assigned
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to other services may be requested on a showing that operation thereon
will not cause interference to established stations: And provided,
further, That in no case will a cable television relay service operation
be authorized on frequencies employed for the safety of life and
property;
(10) Plate power input to final radio frequency stage;
(11) Type of emission;
(12) Description of antenna to be used, including height. In the
event that the proposed antenna installations will increase the height
of any natural formation, or existing manmade structure, by more than
6.1 meters (20 feet), a vertical plan sketch showing the height of the
structures proposed to be erected, the height above ground of any
existing structure, the elevation of the site above mean sea level, and
the geographic coordinates of the proposed sites shall be submitted with
the application.
(d) Except in emergencies involving safety of life or property or
due to damage to equipment, a request for special temporary authority
shall be filed at least ten (10) days prior to the date of proposed
operation, or shall be accompanied by a statement of reasons for the
delay in submitting such request.
(e) If the Commission finds that special temporary authority is in
the public interest, it may grant such authority for a period not
exceeding ninety (90) days, and, on a like finding, may extend such
authority for one additional period not to exceed ninety (90) days.
[ 37 FR 15927 , Aug. 8, 1972, as amended at 55 FR 46015 , Oct. 31, 1990; 58 FR 44952 , Aug. 25, 1993]
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