Sec.  73.1620   Program tests.

   (a) Upon completion of construction of an AM, FM, TV or Class A TV station
   in accordance with the terms of the construction permit, the technical
   provisions of the application, the rules and regulations and the applicable
   engineering standards, program tests may be conducted in accordance with the
   following:

   (1) The permittee of a nondirectional AM or FM station, or a nondirectional
   or directional TV or Class A TV station, may begin program tests upon
   notification to the FCC in Washington, DC provided that within 10 days
   thereafter, an application for a license is filed with the FCC in
   Washington, DC.

   (2) The permittee of an FM station with a directional antenna system must
   file an application for license on FCC Form 302–FM requesting authority to
   commence program test operations at full power with the FCC in Washington,
   D.C. This license application must be filed at least 10 days prior to the
   date on which full power operations are desired to commence. The application
   for license must contain any exhibits called for by conditions on the
   construction permit. The staff will review the license application and the
   request for program test authority and issue a letter notifying the
   applicant whether full power operation has been approved. Upon filing of the
   license application and related exhibits, and while awaiting approval of
   full power operation, the FM permittee may operate the directional antenna
   at one half (50%) of the authorized effective radiated power. Alternatively,
   the permittee may continue operation with its existing licensed facilities
   pending the issuance of program test authority at the full effective
   radiated power by the staff.

   (3) FM licensees replacing a directional antenna pursuant to  Sec. 73.1690 (c)(2)
   without changes which require a construction permit (see  Sec. 73.1690(b)) may
   immediately commence program test operations with the new antenna at one
   half (50%) of the authorized ERP upon installation. If the directional
   antenna replacement is an EXACT duplicate of the antenna being replaced
   (i.e., same manufacturer, antenna model number, and measured composite
   pattern), program tests may commence with the new antenna at the full
   authorized power upon installation. The licensee must file a modification of
   license application on FCC Form 302–FM within 10 days of commencing
   operations with the newly installed antenna, and the license application
   must contain all of the exhibits required by  Sec. 73.1690(c)(2). After review of
   the modification-of-license application to cover the antenna change, the
   Commission will issue a letter notifying the applicant whether program test
   operation at the full authorized power has been approved for the replacement
   directional antenna.

   (4) The permittee of an AM station with a directional antenna system must
   file an application for license on FCC Form 302–AM requesting program test
   authority with the FCC in Washington, DC at least ten (10) days prior to the
   date on which it desires to commence program test operations. The
   application must provide an AM directional antenna proof of performance,
   containing the exhibits required by  Sec. 73.186. After review of the application
   to cover the construction permit, the Commission will issue a letter
   notifying the applicant whether program test operations may commence.
   Program test operations may not commence prior to issuance of staff
   approval.

   (5) Except for permits subject to successive license terms, the permittee of
   an LPFM station may begin program tests upon notification to the FCC in
   Washington, DC, provided that within 10 days thereafter, an application for
   license is filed. Program tests may be conducted by a licensee subject to
   mandatory license terms only during the term specified on such licensee's
   authorization.

   (b) The Commission reserves the right to revoke, suspend, or modify program
   tests by any station without right of hearing for failure to comply
   adequately with all terms of the construction permit or the provisions of
    Sec. 73.1690(c) for a modification of license application, or in order to
   resolve instances of interference. The Commission may, at its discretion,
   also require the filing of a construction permit application to bring the
   station into compliance the Commission's rules and policies.

   (c) Unless sooner suspended or revoked, the program test authority continues
   valid during FCC consideration of the application for license, and during
   this period further extension of the construction permit is not required.
   Program test authority shall be automatically terminated by final
   determination upon the application for station license.

   (d) All operation under program test authority shall be in strict compliance
   with the rules governing broadcast stations and in strict accordance with
   representations made in the application for license pursuant to which the
   tests were authorized.

   (e) Acceptance by the FCC of notification of the station of program tests,
   or the granting of program test authority by the FCC, is not to be construed
   by the permittee as approval by the FCC of the application for station
   license.

   (f) The licensee of a UHF TV station which is not in operation on, but
   assigned to, the same allocated channel which a 1000 watt UHF translator
   station is authorized to use (see  Sec. 73.3516, “Specification of facilities”),
   shall notify the licensee of the translator station, in writing, at least 10
   days prior to commencing or resuming operation. The TV station licensee
   shall also certify to the FCC in Washington, DC that such advance notice has
   been given to the translator station licensee.

   (g) Reports required. In their application for a license to cover a
   construction permit and on the first anniversary of the commencement of
   program tests, applicants for new broadcast facilities that were granted
   after designation for a comparative hearing as a result of a post
   designation settlement or a decision favoring them after comparative
   consideration must report.

   (1) Any deviations from comparative proposals relating to integration of
   ownership and management and diversification of the media of mass
   communciation contained in their application for a construction permit at
   the time such application was granted; and

   (2) Any deviations from an active/passive ownership structure proposed in
   their application for a construction permit at the time such application was
   granted.

   (3) The reports referred to in paragraphs (g)(1) and (2) of this section
   shall not be required in any case in which the order granting the
   application relieved the applicant of the obligation to adhere to such
   proposals.

   [ 43 FR 32784 , July 28, 1978, as amended at  45 FR 6401 , Jan. 28, 1980;  47 FR 28388 , June 30, 1982;  49 FR 38132 , Sept. 27, 1984;  56 FR 795 , Jan. 9, 1991;
    56 FR 25639 , June 5, 1991;  57 FR 48333 , Oct. 23, 1992;  62 FR 51059 , Sept.
   30, 1997;  65 FR 7648 , Feb. 15, 2000;  65 FR 30004 , May 10, 2000]