§  78.53   Unattended operation.

   (a)  A CARS station may be operated unattended: Provided, That such
   operation is conducted in accordance with the conditions listed below:
   And provided further, That the Commission, in Washington, DC, is
   notified at least 10 days prior to the beginning of unattended
   operation if such operation is not indicated on the station
   authorization.

   (1) The transmitter and associated control circuits shall be installed
   and protected in a manner designed to prevent tampering or operation by
   unauthorized persons.

   (2) If the transmitting apparatus is located at a site which is not
   readily accessible at all hours and in all seasons, means shall be
   provided for turning the transmitter on and off at will from a location
   which can be reached promptly at all hours and in all seasons.

   (3) Personnel responsible for the maintenance of the station shall be
   available on call at a location which will assure expeditious
   performance of such technical servicing and maintenance as may be
   necessary whenever the station is operating. In lieu thereof,
   arrangements may be made to have a person or persons available at all
   times when the transmitter is operating, to turn the transmitter off in
   the event that it is operating improperly. The transmitter may not be
   restored to operation until the malfunction has been corrected by a
   technically qualified person.

   (4) The station licensee shall be responsible for the proper operation
   of the station at all times and is expected to provide for
   observations, servicing and maintenance as often as may be necessary to
   ensure proper operation. All adjustments or tests during or coincident
   with the installation, servicing, or maintenance of the station which
   may affect its operation shall be performed by or under the immediate
   supervision of a technically qualified person.

   (b) The Commission may notify the licensee not to commence unattended
   operation, or to cancel, suspend, or change the date of the beginning
   of such operation as and when such action may appear to be in the
   public interest, convenience, or necessity.

   (Secs. 1, 2, 301, 307, 48 Stat., as amended 1064, 1081, 1083; (47
   U.S.C. 151, 152, 301, 307))

   [ 37 FR 3292 , Feb. 12, 1972, as amended at  41 FR 29695 , July 19, 1976;
    42 FR 61864 , Dec. 7, 1977;  43 FR 4617 , Feb. 3, 1978;  43 FR 25127 , June
   9, 1978;  49 FR 20671 , May 16, 1984;  50 FR 23422 , June 4, 1985;  50 FR 32418 , Aug. 12, 1985]