Sec. 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

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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, ))

[37 307 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]