Sec. 73.1615  Operation during modification of facilities.

    When the licensee of an existing AM, FM or TV station is in the 
process of modifying existing facilities as authorized by a construction 
permit and determines it is necessary to either discontinue operation or 
to operate with temporary facilities to continue program service, the 
following procedures apply:
    (a) Licensees holding a construction permit for modification of 
directional or nondirectional FM and TV or nondirectional AM station 
facilities may, without specific FCC authority, for a period not 
exceeding 30 days:
    (1) Discontinue operation, or
    (2) Operate with temporary facilities to maintain, as nearly as 
possible, but not exceed, the size of the presently licensed coverage 
area.
    (b) Licensees of an AM station holding a construction permit which 
involves directional facilities and which does not involve a change in 
operating frequency may, without specific FCC authority, for a period 
not exceeding 30 days:
    (1) Discontinue operation, or
    (2) Operate with reduced power or with parameters at variance from 
licensed tolerances while maintaining monitoring point field strengths 
within licensed limits during the period subsequent to the commencement 
of modifications authorized by the construction permit, or
    (3) Operate in a nondirectional mode during the presently licensed 
hours of directional operation with power reduced to 25% or less of the 
nominal licensed power, or whatever higher power, not exceeding licensed 
power, will insure that the radiated field strength specified by the 
license is not exceeded at any given asimuth for the corresponding hours 
of directional operation, or
    (4) Operate in a nondirectional mode during daytime hours, if not 
already so licensed, only as necessary to conduct a required 
nondirectional proof of performance with a power not to exceed 25% of 
the maximum power authorized by the construction permit for directional 
operation, or
    (5) Operate during daytime hours with either the daytime or 
nighttime directional pattern and with the power authorized by the 
construction permit only as necessary to take proof of performance 
measurements. Operating power shall be promptly reduced to presently 
licensed level during any significant period of time that these 
measurements are not being taken. No daytime operation of construction 
permit directional patterns authorized by this paragraph shall be 
conducted before such patterns have been substantially tuned during the 
experimental period.
    (6) In the event the directional pattern authorized by the 
construction permit replaces a licensed directional pattern, the 
licensee may operate with the substantially adjusted construction permit 
pattern during the corresponding licensed hours of directional operation 
with power not exceeding that specified for the licensed pattern.
    (c) Such operation or discontinuance of operation in accordance with 
the provisions of paragraph (a) or (b) of this section may begin upon 
notification to the FCC in Washington, DC.
    (1) Should it be necessary to continue the procedures in either 
paragraph (a) or (b) of this section beyond 30 days, an informal letter 
request signed by the licensee or the licensee's representative must be 
sent to the FCC in Washington, DC. prior to the 30th day.
    (2) The license of a broadcasting station that fails to transmit 
broadcast signals for any consecutive 12-month period expires as a 
matter of law at the end of that period, notwithstanding any provision, 
term, or condition of the license or construction permit to the 
contrary.
    (d) Licensees of an AM station holding a construction permit which 
authorizes both a change in frequency and directional facilities must 
request and obtain authority from the FCC in Washington, DC. prior to 
using any

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new installation authorized by the permit, or using temporary 
facilities.
    (1) The request is to be made at least 10 days prior to the date on 
which the temporary operation is to commence. The request is to be made 
by letter which shall describe the operating modes and facilities to be 
used. Such letter requests shall be signed by the licensee or the 
licensee's representative.
    (2) Discontinuance of operation is permitted upon notification to 
the FCC In Washington, DC. Should it be necessary to discontinue 
operation longer than 30 days, an informal letter request, signed by the 
licensee or the licensee's representatives, must be sent to the FCC in 
Washington, DC prior to the 30th day.
    (e) The FCC may modify or cancel the temporary operation permitted 
under the provisions of paragraph (a), (b), (c) or (d) of this section 
without prior notice or right to hearing.

[ 50 FR 30947 , July 31, 1985, as amended at  61 FR 28767 , June 6, 1996]