§ 73.1620   Program tests.

   (a) Upon completion of construction of an AM, FM, TV or Class A TV
   station in accordance with the terms of the construction permit, the
   technical provisions of the application, the rules and regulations and
   the applicable engineering standards, program tests may be conducted in
   accordance with the following:

   (1) The permittee of a nondirectional AM or FM station, or a
   nondirectional or directional TV or Class A TV station, may begin
   program tests upon notification to the FCC in Washington, DC provided
   that within 10 days thereafter, an application for a license is filed
   with the FCC in Washington, DC.

   (2) The permittee of an FM station with a directional antenna system
   must file an application for license on FCC Form 302-FM requesting
   authority to commence program test operations at full power with the
   FCC in Washington, D.C. This license application must be filed at least
   10 days prior to the date on which full power operations are desired to
   commence. The application for license must contain any exhibits called
   for by conditions on the construction permit. The staff will review the
   license application and the request for program test authority and
   issue a letter notifying the applicant whether full power operation has
   been approved. Upon filing of the license application and related
   exhibits, and while awaiting approval of full power operation, the FM
   permittee may operate the directional antenna at one half (50%) of the
   authorized effective radiated power. Alternatively, the permittee may
   continue operation with its existing licensed facilities pending the
   issuance of program test authority at the full effective radiated power
   by the staff.

   (3) FM licensees replacing a directional antenna pursuant to § 73.1690
   (c)(2) without changes which require a construction permit (see
   § 73.1690(b)) may immediately commence program test operations with the
   new antenna at one half (50%) of the authorized ERP upon installation.
   If the directional antenna replacement is an EXACT duplicate of the
   antenna being replaced (i.e., same manufacturer, antenna model number,
   and measured composite pattern), program tests may commence with the
   new antenna at the full authorized power upon installation. The
   licensee must file a modification of license application on FCC Form
   302-FM within 10 days of commencing operations with the newly installed
   antenna, and the license application must contain all of the exhibits
   required by § 73.1690(c)(2). After review of the modification-of-license
   application to cover the antenna change, the Commission will issue a
   letter notifying the applicant whether program test operation at the
   full authorized power has been approved for the replacement directional
   antenna.

   (4) The permittee of an AM station with a directional antenna system
   must file an application for license on FCC Form 302-AM requesting
   program test authority with the FCC in Washington, DC at least ten (10)
   days prior to the date on which it desires to commence program test
   operations. The application must provide an AM directional antenna
   proof of performance, containing the exhibits required by § 73.186.
   After review of the application to cover the construction permit, the
   Commission will issue a letter notifying the applicant whether program
   test operations may commence. Program test operations may not commence
   prior to issuance of staff approval.

   (5) Except for permits subject to successive license terms, the
   permittee of an LPFM station may begin program tests upon notification
   to the FCC in Washington, DC, provided that within 10 days thereafter,
   an application for license is filed. Program tests may be conducted by
   a licensee subject to mandatory license terms only during the term
   specified on such licensee's authorization.

   (b) The Commission reserves the right to revoke, suspend, or modify
   program tests by any station without right of hearing for failure to
   comply adequately with all terms of the construction permit or the
   provisions of § 73.1690(c) for a modification of license application, or
   in order to resolve instances of interference. The Commission may, at
   its discretion, also require the filing of a construction permit
   application to bring the station into compliance the Commission's rules
   and policies.

   (c) Unless sooner suspended or revoked, the program test authority
   continues valid during FCC 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 determination upon the application for station
   license.

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

   (e) Acceptance by the FCC of notification of the station of program
   tests, or the granting of program test authority by the FCC, is not to
   be construed by the permittee as approval by the FCC of the application
   for station license.

   (f) The licensee of a UHF TV station which is not in operation on, but
   assigned to, the same allocated channel which a 1000 watt UHF
   translator station is authorized to use (see § 73.3516, “Specification
   of facilities”), shall notify the licensee of the translator station,
   in writing, at least 10 days prior to commencing or resuming operation.
   The TV station licensee shall also certify to the FCC in Washington, DC
   that such advance notice has been given to the translator station
   licensee.

   (g) Reports required. In their application for a license to cover a
   construction permit and on the first anniversary of the commencement of
   program tests, applicants for new broadcast facilities that were
   granted after designation for a comparative hearing as a result of a
   post designation settlement or a decision favoring them after
   comparative consideration must report.

   (1) Any deviations from comparative proposals relating to integration
   of ownership and management and diversification of the media of mass
   communciation contained in their application for a construction permit
   at the time such application was granted; and

   (2) Any deviations from an active/passive ownership structure proposed
   in their application for a construction permit at the time such
   application was granted.

   (3) The reports referred to in paragraphs (g)(1) and (2) of this
   section shall not be required in any case in which the order granting
   the application relieved the applicant of the obligation to adhere to
   such proposals.

   [ 43 FR 32784 , July 28, 1978, as amended at  45 FR 6401 , Jan. 28, 1980;
    47 FR 28388 , June 30, 1982;  49 FR 38132 , Sept. 27, 1984;  56 FR 795 ,
   Jan. 9, 1991;  56 FR 25639 , June 5, 1991;  57 FR 48333 , Oct. 23, 1992;  62 FR 51059 , Sept. 30, 1997;  65 FR 7648 , Feb. 15, 2000;  65 FR 30004 , May
   10, 2000]

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