§  74.763   Time of operation.

   (a) A low power TV, TV translator, or TV booster station is not
   required to adhere to any regular schedule of operation. However, the
   licensee of a TV translator or TV booster station is expected to
   provide service to the extent that such is within its control and to
   avoid unwarranted interruptions in the service provided.

   (b) In the event that causes beyond the control of the low power TV or
   TV translator station licensee make it impossible to continue
   operating, the licensee may discontinue operation for a period of not
   more than 30 days without further authority from the FCC. Notification
   must be sent to the FCC in Washington, DC, Attention: Video Division,
   Media Bureau, not later than the 10th day of discontinued operation.
   During such period, the licensee shall continue to adhere to the
   requirements in the station license pertaining to the lighting of
   antenna structures. In the event normal operation is restored prior to
   the expiration of the 30 day period, the FCC in Washington, DC,
   Attention: Video Division, Media Bureau, shall be notified in writing
   of the date normal operations resumed. If causes beyond the control of
   the licensee make it impossible to comply within the allowed period, a
   request for Special Temporary Authority (see § 73.1635 of this chapter)
   shall be made to the FCC no later than the 30th day for such additional
   time as may be deemed necessary.

   (c) Failure of a low power TV, TV translator, or TV booster station to
   operate for a period of 30 days or more, except for causes beyond the
   control of the licensee, shall be deemed evidence of discontinuation of
   operation and the license of the station may be cancelled at the
   discretion of the FCC. Furthermore, the station's license will expire
   as a matter of law, without regard to any causes beyond control of the
   licensee, if the station fails to transmit broadcast signals for any
   consecutive 12-month period, notwithstanding any provision, term, or
   condition of the license to the contrary.

   (d) A television broadcast translator station shall not be permitted to
   radiate during extended periods when signals of the primary station are
   not being retransmitted.

   [ 28 FR 13722 , Dec. 14, 1963, as amended at  52 FR 7423 , Mar. 11, 1987;
    52 FR 31405 , Aug. 20, 1987;  61 FR 28768 , June 6, 1996;  63 FR 33879 ,
   June 22, 1998;  67 FR 13233 , Mar. 21, 2002]