C.F.R. » Title 47 » CHAPTER I—FEDERAL COMMUNICATIONS COMMISSION › SUBCHAPTER C—BROADCAST RADIO SERVICES › PART 73—RADIO BROADCAST SERVICES › Subpart H—Rules Applicable to All Broadcast Stations

47 C.F.R. § 73.1610

Equipment tests

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(a) During the process of construction of a new broadcast station, the permittee, after notifying the FCC in Washington, D.C. may, without further authority from the FCC, conduct equipment tests for the purpose of making such adjustments and measurements as may be necessary to assure compliance with the terms of the construction permit, the technical provisions of the application therefore, the rules and regulations and the applicable engineering standards. For AM stations, equipment tests, including either a directional or nondirectional proof of performance required by the construction permit, may be conducted during daytime hours provided that the antenna system is first substantially tuned during the experimental period. The nondirectional proof shall be conducted with power adjusted to 25% of that specified in the permit for the authorized directional facilities or, if applicable, to such higher power as is specified in the same permit for authorized nondirectional facilities. For licensed stations, see § 73.1615, Operation During Modification of Facilities; and § 73.157, Antenna Testing During Daytime.

(b) The FCC may notify the permittee not to conduct equipment tests or may modify, cancel, suspend, or change the modes of testing or the dates and times for such tests in order to resolve interference complaints or when such action may appear to be in the public interest, convenience, and necessity.

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

(d) 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.

[43 FR 32783, July 28, 1978, as amended at 47 FR 40174, Sept. 13, 1982; 50 FR 30947, July 31, 1985]
Notes of Decisions
Cited in 1 case, 2016–2016 · leading case: United States v. Hodson Broad., 666 F. App'x 624 (9th Cir. 2016).
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United States v. Hodson Broad., 666 F. App'x 624 (9th Cir. 2016). “Because his construction permit contained a special condition requiring FCC approval before program testing—which was never granted—Hodson’s transmissions could not have been valid under 47 C.F.R. § 73.1620 . And because he transmitted at variance from the terms of his permit,…”
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