(c) Equipment tests may be continued so long as the construction permit shall remain valid.

(d) Inspection of a station will ordinarily be required during the equipment test period and before the commencement of program tests. After construction and after adjustments and measurements have been completed to show compliance with the terms of the construction permit, the technical provisions of the application therefor, and the rules and regulations, the permittee should notify the Engineer in Charge of the radio district in which the station is located that it is ready for inspection.

(e) The authorization for tests embodied in this section shall not be construed as constituting a license to operate but as a necessary part of construction.

§ 73.629 Program tests.

(a) Upon completion of construction of a television broadcast station in accordance with the terms of the construction permit, the technical provisions of the application therefor, and the rules and regulations, and when an application for station license has been filed showing the station to be in satisfactory operating condition, the permittee may request authority to conduct program tests: Provided, That such request shall be filed with the Commission at least ten (10) days prior to the date on which it is desired to begin such operation and that the Engineer in Charge of the radio district in which the station is located is notified. (All data necessary to show compliance with the terms and conditions of the construction permit must be filed with the license application.)

(b) Program tests shall not commence until specific Commission authority is received. The Commission reserves the right to change the date of the beginning of such tests or to suspend or revoke the authority for program tests as and when such action may appear to be in the public interest, convenience, and necessity.

(c) Unless sooner suspended or revoked, the program test authority continues valid during Commission 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 deter

mination upon the application for station license.

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

(e) The granting of program test authority shall not be construed as approval by the Commission of the application for station license.

(f) Where a 1,000-watt UHF television translator station has been authorized, pursuant to § 1.516(c) of this chapter, to operate on a channel to which a television station is authorized but not operating and the permittee or licensee of such nonoperating television station intends to commence or resume operation, the licensee or permittee of the television station shall notify the licensee or permittee of the translator station, in writing, not less than 10 days prior to the commencement or resumption of operation, of its intention and shall certify to the Commission that such notice has been given.

[28 F.R. 13660, Dec. 14, 1963, as amended at 36 F.R. 19591, Oct. 8, 1971]

§ 73.630 (a) Initial licenses for television broadcast stations will ordinarily be issued for a period running until the date specified in this section for the State or territory in which the station is located or, if issued after such date, to the next triennial renewal date determined in accordance with this section; and, when renewed, will normally be renewed for 3 years: Provided, however, That, if the Commission finds that the public interest, convenience or necessity will be served thereby, it may issue either an initial license or a renewal thereof for a lesser term. The time of expiration of normally issued initial and renewed licenses will be 3 a.m., local time, on the following dates, and at 3-year intervals thereafter:

Normal license period.

(1) For stations located in Iowa and Missouri, February 1, 1968.

(2) For stations located in Minnesota, North Dakota, South Dakota, Montana, and Colorado, April 1, 1968.

(3) For stations located in Kansas, Oklahoma, and Nebraska, June 1, 1968. (4) For stations located in Texas, August 1, 1968.

(5) For stations located in Wyoming, Nevada, Arizona, Utah, New Mexico, and Idaho, October 1, 1968.

(6) For stations located in California, December 1, 1968.

(7) For stations located in Washington, Oregon, Alaska, Guam, and Hawaii, February 1, 1969.

(8) For stations located in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont, April 1, 1969.

(9) For stations located in New Jersey and New York, June 1, 1969.

(10) For stations located in Delaware and Pennsylvania, August 1, 1969.

(11) For stations located in Maryland, District of Columbia, Virginia, and West Virginia, October 1, 1969.

(12) For stations located in North Carolina and South Carolina, December 1, 1969.

(13) For stations located in Florida, Puerto Rico, and Virgin Islands, February 1, 1970.

(14) For stations located in Alabama and Georgia, April 1, 1970.

(15) For stations located in Arkansas, Louisiana, and Mississippi, June 1, 1970. (16) For stations located in Tennessee, Kentucky, and Indiana, August 1, 1970. (17) For stations located in Ohio and Michigan, October 1, 1970.

(18) For stations located in Illinois and Wisconsin, December 1, 1970.

NOTE: For the cutoff date for the filing of applications mutually exclusive with, and petitions to deny, renewal applications, see § 1.516(e) of this chapter.

[33 F.R. 4413, Mar. 12, 1968, as amended at 34 F.R. 7967, May 21, 1969]

§ 73.635 Use of common antenna site.

No television license or renewal of a television license will be granted to any person who owns, leases, or controls a particular site which is peculiarly suitable for television broadcasting in a particular area and (a) which is not available for use by other television licensees; and (b) no other comparable site is available in the area; and (c) where the exclusive use of such site by the applicant or licensee would unduly limit the number of television stations that can be authorized in a particular area or would unduly restrict competition among television stations.

§ 73.636 Multiple ownership.

(a) No license for a television broadcast station shall be granted to any party (including all parties under common control) if:

(1) Such party directly or indirectly owns, operates, or controls: one or more television broadcast stations and the grant of such license will result in any overlap of the Grade B contours of the existing and proposed stations, computed in accordance with § 73.684; or one or more standard broadcast stations and the grant of such license will result in the Grade A contour of the proposed station, computed in accordance with § 73.684, encompassing the entire community of license of one of the standard broadcast stations, or will result in the predicted or measured 2 mv/m groundwave contour(s) of the standard broad-· cast station (s), computed in accordance with § 73.183 or § 73.186, encompassing the entire community of license of the proposed station; or one or more FM broadcast stations and the grant of such license will result in the Grade A contour of the proposed station, computed in accordance with § 73.684, encompassing the entire community of license of one of the FM broadcast stations, or will result in the predicted 1 mv/m contour of the FM broadcast station(s), computed in accordance with § 73.313, encompassing the entire community of license of the proposed station; or

(2) Such party, or any stockholder, officer or director of such party, directly or indirectly owns, operates, controls, or has any interest in, or is an officer or director of any other television broadcast station if the grant of such license would result in a concentration of control of television broadcasting in a manner inconsistent with public interest, convenience, or necessity. In determin-ing whether there is such a concentration of control, consideration will be given to the facts of each case with particular reference to such factors as the size, extent and location of area served, the number of people served, and the extent of other competitive service to the areas in question. The Commission, however, will in any event consider that there would be such a concentration of control contrary to the public interest, convenience or necessity for any party or any of its stockholders, officers or directors to have a direct or indirect in

terest in, or be stockholders, officers, or directors of, more than seven television broadcast stations, no more than five of which may be in the VHF band.

(b) Paragraph (a) of this section is not applicable to noncommercial educational stations.

NOTE 1: The word "control" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised.

NOTE 2: In applying the provisions of paragraph (a)(1) of this section, partial (as well as total) ownership interests in corporate broadcast licensees represented by ownership of voting stock of such corporations will be considered.

NOTE 3: Except as provided in Note 4 of this section, in applying the provisions of paragraphs (a) (1) and (a) (2) of this section to the stockholders of a corporation which has more than 50 voting stockholders, only those stockholders need be considered who are officers or directors or who directly or indirectly own 1 percent or more of the outstanding voting stock.

NOTE 4: In applying the provisions of paragraphs (a) (1) and (a) (2) of this section to the stockholders of a corporation which has more than 50 voting stockholders, an investment company, as defined in 15 U.S.C. section 80a-3 (commonly called a mutual fund), need be considered only if it directly or indirectly owns 3 percent or more of the outstanding voting stock or if officers or directors of the corporation are representatives of the investment company. Holdings by investment companies under common management shall be aggregated.

NOTE 5: In calculating the percentage of ownership of voting stock under the provisions of Note 4, if an investment company directly or indirectly owns voting stock in a company which in turn directly or indirectly owns 50 percent or more of the voting stock of a corporate broadcast licensee, the investment company shall be considered to own the same percentage of outstanding shares of the corporate broadcast station licensee as it owns of the outstanding voting shares of the company standing between it and the licensee corporation. If the intermediate company owns less than 50 percent of the voting stock of a corporate broadcast station licensee, the holding of the investment company need not be considered under the 3-percent rule, but, officers or directors of the licensee corporation who are representatives of the intermediate company shall be deemed to be representatives of the investment company.

NOTE 6: In applying the provisions of paragraphs (a)(1) and (a) (2) of this section to the stockholders of a corporation which has more than 50 voting stockholders, a bank holding stock through its trust department in trust accounts need be considered only if

such bank directly or indirectly owns 5 percent or more of the outstanding voting stock: Provided, The bank files a disclaimer of intent to control the management or policies of the broadcast corporation. Holdings by banks shall be aggregated if the bank has any right to determine how the stock will be voted.

NOTE 7: In cases where record and beneficial ownership of voting stock of a corporate broadcast station licensee which has more than 50 voting stockholders are not identical, e.g., bank nominees holding stock as record owners for the benefit of mutual funds, brokerage houses holding stock in street name for the benefit of customers, trusts holding stock as record owners for the benefit of designated parties, the party having the right to determine how the stock will be voted will be considered to own it for the purposes of these rules.

NOTE 8: Paragraph (a) (1) of this section will not be applied so as to require divestiture, by any licensee, of existing facilities. Said paragraph will not apply to applications for assignment of license or transfer of control filed in accordance with § 1.540(b) or 1.541(b) of this chapter, or to applications for assignment of license or transfer of control to heirs or legatees by will or intestacy if no new or increased overlap would be created between commonly owned, operated, or controlled television broadcast stations and if no new encompassment of communities proscribed in paragraph (a)(1) of this section as to commonly owned, operated, or controlled television broadcast stations and standard or FM broadcast stations would result. Said paragraph will apply to all applications for new stations, to all other applications for assignment or transfer, and to all applications for major changes in existing stations except major changes that will result in overlap of contours of television broadcast stations with each other no greater than that already existing. (The resulting areas of overlap of contours of television broadcast stations with each other in such major change cases may consist partly or entirely of new terrain. However, if the population in the resulting overlap areas substantially exceeds that in the previously existing overlap areas, the Commission will not grant the application if it finds that to do so would be against the public interest, convenience, and necessity.) Said paragraph will not apply to major changes in UHF television broadcast stations authorized as of September 30, 1964, which will result in Grade B overlap with another television broadcast station that was commonly owned, operated, or controlled as of September 30, 1964; or to any application concerning a UHF television broadcast station which would result in the Grade A contour of the UHF station encompassing the entire community of license of a commonly owned, operated, or controlled standard or FM broadcast station or which would result in

the entire community of license of such UHF station being encompassed by the 2 mv/m or 1 mv/m contours of such standard or FM broadcast stations, respectively. Such UHF overlap or community encompassment cases will be handled on a case-by-case basis in order to determine whether common ownership, operation, or control of the stations in question would be in the public interest. Commonly owned, operated, or controlled broadcast stations with overlapping contours or with community-encompassing contours prohibited by paragraph (a)(1) of this section may not be assigned or transferred to a single person, group, or entity, except as provided in this note.

NOTE 9: Paragraph (a)(1) of this section will not be applied to cases involving television stations which are primarily "satellite" operations. Such cases will be considered on a case-by-case basis in order to determine whether common ownership, operation, or control of the stations in question would be in the public interest. Whether or not a particular television broadcast station which does not present a substantial amount of locally originated programing is primarily a "satellite" operation will be determined on the facts of the particular case. An authorized and operating "satellite" television station the Grade B contour of which overlaps that of a commonly owned, operated, or controlled "non-satellite" parent television station, or the Grade A contour of which completely encompasses the community of license of a commonly owned operated, or controlled standard or FM broadcast station, or the community of license of which is completely encompassed by the 2 mv/m contour of such a standard broadcast station, or the 1 mv/m contour of such an FM broadcast station, may subsequently become a "non-satellite" station with local studios and locally originated programing. However, such commonly owned, operated, or controlled "non-satellite", or controlled stations with Grade B overlap, or such commonly owned, operated, or controlled "nonsatellite" television stations and standard or FM stations with the aforementioned community encompassment, may not be transferred or assigned to a single person, group, or entity except as provided in Note 7.

[28 F.R. 13660, Dec. 14, 1971, as amended at 29 F.R. 13900, Oct. 8, 1964; 30 F.R. 578, Jan. 16, 1965; 33 F.R. 9084, June 20, 1968; 35 F.R. 7259, May 8, 1970; 36 F.R. 4290, Mar. 4, 1971; 37 F.R. 9777, May 17, 1972]

§ 73.637 Alternate main transmitters.

The licensee of a television broadcast station may be licensed for alternate main transmitters provided that a technical need for such alternate transmitters is shown and that the following conditions are met:

(a) Both transmitters are located at the same place.

(b) Both transmitters shall have the same power rating.

(c) Both transmitters shall meet the construction, installation, operation and performance requirements of this subpart.

§ 73.638 Auxiliary transmitter.

Upon showing that a need exists for the use of auxiliary transmitters in addition to the regular transmitters of a television station, a license therefor may be issued: Provided, That:

(a) Auxiliary transmitters may be installed either at the same location as the main transmitters or at another location.

(b) A licensed operator shall be in control whenever auxiliary transmitters are placed in operation.

(c) The auxiliary transmitters shall be maintained so that they may be put into immediate operation at any time for the following purposes:

(1) The transmission of the regular programs upon the failure of the main transmitters.

(2) The transmission of regular programs during maintenance or modification work on the main transmitters necessitating discontinuance of their operation for a period not to exceed 5 days.

NOTE: This includes the equipment changes which may be made without authority as set forth elsewhere in the rules and regulations or as authorized by the Commission by letter or by construction permit. Where such operation is required for periods in excess of 5 days, request therefor shall be in accordance with § 1.542 of the Commission's rules and regulations.

(3) Upon request by a duly authorized representative of the Commission.

(d) The auxiliary transmitters shall be tested at least once each week to determine that they are in proper operating condition and that they are adjusted to the proper frequency, except that in the case of operation in accordance with paragraph (c) of this section during any week, the test in that week may be omitted provided the operation under paragraph (c) of this section is satisfactory. A record shall be kept of the time and result of each test. Such records shall be retained for a period of two years.

(e) The auxiliary transmitters shall be equipped with satisfactory control equipment which will enable the mainte

nance of the frequency emitted by the station within the limits prescribed by the regulations in this subpart.

(f) The operating power of an auxiliary transmitter may be less than the authorized power of the main transmitters, but in no event shall it be greater than such power.

§ 73.639 Changes in equipment and antenna system.

Licensees of television broadcast stations shall observe the following provisions with regard to changes in equipment and antenna system:

(a) No changes in equipment shall be made:

(1) That would result in the emission of signals outside of the authorized channel.

(2) That would result in the external performance of the transmitter being in disagreement with that prescribed in this subpart.

(b) Specific authority, upon filing formal application therefor (FCC Form 301 or such other form as is provided therefor), is required for any of the following:

(1) Changes involving an increase or decrease in the power rating of the transmitters.

(2) A replacement of the transmitters as a whole.

(3) Change in the location of the transmitting antenna.

(4) Change in antenna system, including transmission line.

(5) Change in the power delivered to the antenna.

(6) Change

in

frequency control and/or modulation system.

(c) Other changes, except as above provided for in this section or in the provisions of this subpart, may be made at any time without the authority of the Commission, provided that the Commission shall be promptly notified thereof and such changes shall be shown in the next application for renewal of license. § 73.640 Acceptability of broadcast transmitters for licensing.

(a) In order to facilitate the filing of, and action on, applications for station authorizations, transmitters will be accepted for licensing by the Commission under one of the following conditions:

(1) A transmitter may be type-accepted upon the request of any manufac

turer of transmitters built in quantity by following the type acceptance procedure set forth in Part 2 of this chapter, provided that the date and information submitted indicates that the transmitter meets the requirements of § 73.687. If accepted, such transmitter will be included on the Commission's "Radio Equipment List". Applicants specifying transmitters included on such a list need not submit detailed descriptions and diagrams where the correct type number is specified, if the equipment proposed is identical with that accepted. Copies of this list are available for inspection at the Commission's office in Washington, D.C., and at each of its field offices.

(2) An application specifying a transmitter not included on the Radio Equipment List may be accepted upon the request of a prospective licensee submitting with the application for construction permit a complete description of the transmitter, including the circuit diagram, listing of all tubes used, function of each, multiplication in each stage, plate current and voltage applied to each tube, a description of the oscillator circuit together with any devices installed for the purpose of frequency stabilization and the means of varying output power to compensate for power supply voltage variations. However, if this data has been filed with the Commission by a manufacturer in connection with a request for type acceptance, it need not be submitted with the application for construction permit but may be referred to as "on file." Measurement data for type acceptance made in accordance with subparagraph (1) of this paragraph shall be submitted with the license application.

(3) A transmitter shown on an instrument of authorization by manufacturer and type number, or as a composite, and which was in use prior to June 30, 1955, may continue to be used by the licensee, his successors or assignees, provided such transmitter continued to comply with the rules and regulations.

(b) Additional rules with respect to withdrawal of type acceptance, modification of type-accepted equipment and limitations on the findings upon which type acceptance is based are set forth in Part 2 of this chapter.

[28 F.R. 13660, Dec. 14, 1963, as amended at 33 F.R. 15422, Oct. 17, 1968]