Sec.  74.131   Licensing requirements, necessary showing.

   (a)  An  applicant for a new experimental broadcast station, change in
   facilities of any existing station, or modification of license is required
   to make a satisfactory showing of compliance with the general requirements
   of the Communications Act of 1934, as amended, as well as the following:

   (1)  That  the  applicant  has  a  definite  program  of  research and
   experimentation in the technical phases of broadcasting which indicates
   reasonable promise of substantial contribution to the developments of the
   broadcasting art.

   (2) That upon the authorization of the proposed station the applicant can
   and  will  proceed  immediately  with  its  program  of  research  and
   experimentation.

   (3) That the transmission of signals by radio is essential to the proposed
   program of research and experimentation.

   (4) That the program of research and experimentation will be conducted by
   qualified personnel.

   (b)  A license of an experimental broadcast station will not authorize
   exclusive use of any frequency. In case interference would be caused by
   simultaneous operation of stations licensed experimentally, such licensees
   shall endeavor to arrange satisfactory time division. If such agreement
   cannot be reached, the FCC will determine and specify the time division.

   (c) A license for an experimental broadcast station will be issued only on
   the condition that no objectionable interference to the regular program
   transmissions of broadcast stations will result from the transmissions of
   the experimental stations.

   (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 U.S.C. 158, 303)

   [ 28 FR 13706 , Dec. 14, 1963, as amended at  49 FR 32583 , Aug. 15, 1984]