tations. Where an application or related material incorporates by reference material in earlier applications and material concerning programing and related matters (section IV and related material), the material so referred to shall be retained as long as the application referring to it.

[30 F.R. 4546, Apr. 18, 1965, as amended at 31 F.R. 14000, Nov. 2, 1966; 32 F.R. 20861, Dec. 28, 1967; 35 F.R. 6433, Apr. 22, 1970; 35 F.R. 8827, June 6, 1970; 36 F.R. 1147, Jan. 23, 1971]

APPLICATION FORMS AND PARTICULAR
FILING REQUIREMENTS

§ 1.531 Formal and informal applications.

(a) "Formal application" means any request for authorization where an FCC Form for such request is prescribed. “Informal application” means all other requests for authorization. Informal applications may be in letter form, but all such applications should contain a caption clearly indicating the nature of the request submitted therein.

(b) An informal application requesting modification of an outstanding authorization must comply with the requirements as to signing specified in §§ 1.511 and 1.513.

§ 1.533 Application forms for authority

to construct a new station or make changes in an existing station.

(a) Applications for new facilities or modification of existing facilities shall be made on the following forms:

(1) FCC Form 301 "Application for Authority to Construct a New Broadcast Station or Make Changes in an Existing Broadcast Station."

(2) FCC Form 309 "Application for Authority to Construct or Make Changes in an Existing International, Experimental Television, Experimental Facsimile, or a Developmental Broadcast Station."

(3) FCC Form 313 "Application for Authorization in the Auxiliary Broadcast Services" except as provided in subparagraph (10) of this paragraph.

(4) FCC Form 318 "Request for Subsidiary Communications Authorizations." For use by existing FM broadcast licensees applying for permit to establish an SCA service, modification of SCA, or renewal of SCA.

(5) FCC Form 330 P "Application for Authority to Construct or Make Changes in an Instructional Fixed Station."

(6) FCC Form 340 "Application for Authority to Construct or make Changes in a Noncommercial Educational TV, FM, or Standard Broadcast Station."

(7) FCC Form 343 "Application for Authority to Construct or make Changes in a Television Broadcast Booster Station."

(8) FCC Form 346 "Application for Authority to Construct or Make Changes in a Television or FM Broadcast Translator Station."

(9) FCC Form 349P "Application for Authority to Construct or Make Changes in an FM Broadcast Booster Station."

(10) FCC Form 425 "Application for Radio Station Authorization." Beginning April 1, 1972, this form shall be used by applicants who propose to operate Remote Pickup Broadcast Stations on certain frequencies in the Chicago, Ill., Regional Area. The frequencies and the Regional Area are defined in Subpart D of Part 74 of this chapter.

(b) Applications for construction permit or modification thereof involving the installation of new transmitting apparatus should be filed at least 60 days prior to the contemplated construction. (Sec. 308, 319, 48 Stat. 1084, 1089, as amended; 47 U.S.C. 308, 319) [28 F.R. 12434, Nov. 22, 1963, as amended at 35 F.R. 15387, Oct. 2, 1970; 36 F.R. 21678, Nov. 12, 1971]

§ 1.534 Application for extension of construction permit or for construction permit to replace expired construction permit.

(a) Application for extension of time within which to construct a station shall be filed on FCC Form 701. The application shall be filed at least 30 days prior to the expiration date of the construction permit if the facts supporting such application for extension are known to the applicant in time to permit such filing. In other cases, an application will be accepted upon a showing satisfactory to the Commission of sufficient reasons for filing within less than 30 days prior to the expiration date. Such applications will be granted upon a specific and detailed showing that the failure to complete was due to causes not under the control of the grantee, or upon a specific and detailed showing of other matters sufficient to justify the extension.

(b) Application to replace an expired construction permit shall be made on FCC Form 321 "Application for Construction Permit to Replace Expired Permit." Such application must be filed 137

within 30 days of the expiration date of the authorization sought to be replaced. (Sec. 319, 48 Stat. 1089, as amended; 47 U.S.C. 319)

§ 1.536 Application for license to cover construction permit.

(a) The application for station license shall be filed by permittee prior to service or program tests.

(b) The following application forms shall be used:

(1) FCC Form 302 "Application for New Broadcast Station License."

(2) FCC Form 310 "Application for an International, Experimental Television, Experimental Facsimile, or a Developmental Broadcast Station License."

(3) FCC Form 313 "Application for Authorization in the Auxiliary Broadcast Services" except as provided in subparagraph (9) of this paragraph.

(4) FCC Form 318 "Request for Subsidiary Communications Authorization." (5) FCC Form 341 "Application for Noncommercial Educational TV, FM, or Standard Broadcast Station."

(6) FCC Form 344 "Application for Television Broadcast Booster Station License."

(7) FCC Form 347 "Application for Television or FM Broadcast Translator Station License."

(8) FCC Form 349L "Application for FM Broadcast Booster Station License."

(9) FCC Form 425 "Application for Radio Station Authorization." Beginning April 1, 1972, this form shall be used by applicants who propose to operate Remote Pickup Broadcast Stations on certain frequencies in the Chicago, Ill., Regional Area. The frequencies and the Regional Area are defined in Subpart D of Part 74 of this chapter.

as

(Sec. 319, 48 Stat. 1089, as amended; 47 U.S.C. 319) [28 F.R. 12434, Nov. 22, 1963, amended at 35 F.R. 15387, Oct. 2, 1970; 36 F.R. 21678, Nov. 12, 1971]

§ 1.537 Application for license to use former main transmitter or antenna as an auxiliary.

The following application forms shall be used when no new construction is involved:

(a) FCC Form 302 "Application for New Broadcast Station License."

(b) FCC Form 341 "Application for Noncommercial Educational TV, FM, or Standard Broadcast Station."

(Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308)

§ 1.538 Application for modification of license.

(a) An application for modification of license may be filed for:

(1) Change in name of licensee where no change in ownership or control is involved;

(2) Change in station location involving no change in transmitter location;

(3) Change in main studio location of a television station to a location outside the principal community;

(4) Change in main studio location of an AM station to a location outside the principal community (other than to the authorized transmitter site);

(5) Change in main studio location of an FM station to a location outside the principal community (other than to the main studio location of a commonly owned AM station licensed to the same community).

(6) Change of hours of operation of a standard broadcast station.

(b) The application forms set forth in § 1.533 shall be used.

[28 F.R. 12434, Nov. 22, 1963, as amended at 36 F.R. 3265, Feb. 20, 1971]

§ 1.539 Application for renewal of li

cense.

(a) Unless otherwise directed by the Commission, an application for renewal of license shall be filed at least 90 days prior to the expiration date of the license sought to be renewed, except that applications for renewal of license of an experimental or developmental broadcast station shall be filed at least 60 days prior to the expiration date of the license sought to be renewed.

(b) No application for renewal of license of any broadcast station will be considered unless there is on file with the Commission the information, if any. currently required by §§ 1.611-1.615. inclusive, for the particular class of station. The renewal application shall include a reference by date and file number to such information on file.

(d) The following application forms shall be used:

(1) FCC Form 303 "Application for Renewal of Broadcast Station License."

(2) FCC Form 311 "Application for Renewal of an International, Experimental Television, Experimental Facsimile, or a Developmental Broadcast Station License." To be used for all applications for renewal of licenses of Experimental Television, Experimental Facsimile, and Developmental Broadcast stations.

(3) FCC Form 313 "Application for Authorization in the Auxiliary Broadcast Services." To be used for applications for renewal of licenses of auxiliary broadcast stations only when there has been a change in the information contained in the initial application for license, except as provided in subparagraph (9) of this paragraph.

(4) FCC Form 313-R "Application for Renewal of Auxiliary Radio Broadcast License (Short Form)." To be used for applications for renewal of licenses of auxiliary broadcast stations when there has been no change in the information contained in the initial application for license, except as provided in subparagraph (9) of this paragraph.

(5) FCC Form 318 "Request for Subsidiary Communications Authorizations."

(6) FCC Form 342 "Application for Renewal of Noncommercial Educational TV, FM, or Standard Broadcast Station License."

(7) FCC Form 348 "Application for Renewal of Television or FM Broadcast Translator Station License."

(8) FCC 349R "Application for Renewal of FM Broadcast Booster Station License."

(9) FCC Form 425 "Application for Radio Station Authorization." To be used by licensees to renew licenses for Remote Pickup Broadcast Stations which operate on certain frequencies in the Chicago, Ill., Regional Area, beginning April 1, 1972. The frequencies and the Regional Area are defined in Subpart D of Part 74 of this chapter.

license, or for consent to the transfer of control of a corporation holding such a construction permit or license, shall be filed with the Commission on FCC Form 314 (Assignment of License), FCC Form 315 (Transfer of Control), FCC Form 316 (Short Form), or FCC Form 345 (Assignment of Translator Stations). Such application should be filed with the Commission at least 45 days prior to the contemplated effective date of assignment or transfer of control. FCC Form 345 is to be used only for the assignment of construction permits or licenses of translator stations and associated auxiliaries, such as translator microwave relay stations or UHF translator signal boosters, where no other type of broadcast station is involved. For transfer of control of the licensee of a translator station, FCC Form 315 will be used.

(b) The following assignment or transfer applications may be filed on FCC Form 316.

(1) Assignment from an individual or individuals (including partnerships) to a corporation owned and controlled by such individuals or partnerships without any substantial change in their relative interests;

(2) Assignment from a corporation to its individual stockholders without effecting any substantial change in the disposition of their interests;

(3) Assignment or transfer by which certain stockholders retire and the interest transferred is not a controlling one;

(4) Corporate reorganization which involves no substantial change in the beneficial ownership of the corporation;

(5) Assignment or transfer from a corporation to a wholly owned subsidiary thereof or vice versa, or where there is an assignment from a corporation to a corporation owned or controlled by the assignor stockholders without substantial change in their interests; or

(6) Assignment of less than a controlling interest in a partnership. (Sec. 310, 48 Stat. 1086. as amended; 47 U.S.C. 310) [28 F.R. 12434, Nov. 22, 1963, as amended at 37 F.R. 13544, July 11, 1972] § 1.541 Application for involuntary as

signment of license or transfer of control.

(a) The Commission shall be notified in writing promptly of the death or legal disability of an individual permittee or licensee, a member of a partnership, or a person directly or indirectly

in control of a corporation which is a permittee or licensee.

(b) Within 30 days after the occurrence of such death or legal disability, an application on FCC Form 316 shall be filed requesting consent to involuntary assignment of such permit or license or for involuntary transfer of control of such corporation to a person or entity legally qualified to succeed to the foregoing interests under the laws of the place having jurisdiction over the estate involved.

(Sec. 310, 48 Stat. 1086, as amended; 47 U.S.C. 310)

§ 1.542 Application for temporary au

thorization.

(a) The specific circumstances in which temporary authority will be granted are set out in Parts 2, 73, and 74 of this chapter.

(b) Temporary authority may be granted to a licensee or permittee of a broadcast station to operate such station for a period not to exceed 90 days upon request therefor. Any such request should be filed with the Commission at least 10 days prior to the date of the proposed operation, and should be accompanied by a statement giving full particulars as to the purpose for which the request is made. Any temporary authority issued under this section may be cancelled by the Commission without further notice or hearing.

(c) No request by a standard broadcast station for temporary authority to extend its hours of operation beyond those authorized by its regular authorization will be accepted or granted by the Commission.

(d) An informal application may be used provided such application is signed in accordance with the provisions of § 1.513.

(e) Request for temporary operation necessitated by equipment damage or failure may be made without regard to the procedural requirements of this section.

(Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309)

§ 1.543 Application for renewal or modification of special service authorization.

(a) No special service authorization will be issued after February 3, 1958: Provided, however, Consideration will be given to renewal or modification of a special service authorization outstanding on February 3, 1958 providing a satis

factory showing has been made in regard to the following, among others:

(1) That the requested operation may not be granted on a regular basis under the existing rules governing the operation of standard broadcast stations;

(2) That experimental operation is not involved as provided for by § 73.32 of this chapter; and

(3) That public interest, convenience, and necessity will be served by the authorization requested.

(28 F.R. 12434, Nov. 22, 1963, as amended at 29 F.R. 19256, Dec. 31, 1964]

§ 1.544 Application for standard broadcast station experimental operation. Special experimental authorization may be issued, in accordance with § 73.32 of this chapter, to the licensee of a standard broadcast station in addition to the regular license. An informal application should be used in applying for such authorization.

(Sec. 303(g), 48 Stat. 1083, as amended; 47 U.S.C. 303(g))

§ 1.545 Application for permit to deliver programs to foreign stations.

Application under section 325(b) of the Communications Act for authority to locate, use, or maintain a broadcast studio in connection with a foreign station consistently received in the United States, should be made on FCC Form 308 "Application for permit to deliver programs to foreign broadcast stations": Provided, That an informal application (in letter form) may be used by applicants holding a valid radio or TV broadcast station license or construction permit. Informal applications must, however, contain a description of the nature and character of the programing proposed, together with other information requested on Page 4 of Form 308. [32 F.R. 2771, Feb. 10, 1967] § 1.546

Application to determine operating power by direct measurement of antenna power.

Application to determine operating power of standard broadcast stations by direct measurement of antenna power shall be made on FCC Form 302 “Application for New Broadcast Station License."

broadcast stations with licensed operators of a lesser grade than normally required by the Commission's rules shall be submitted to the Engineer in Charge of the radio district in which the station is located. Such permission will be granted for periods not to exceed 60 days if a proper showing is made, as set forth in this section, and may be renewed upon request only upon the making of an adequate similar showing. A request for extension of the permission previously granted may be granted upon a showing setting forth what continuing efforts have been made to obtain licensed operators of a grade normally required. The Engineer in Charge may terminate this permission in the absence of a satisfactory showing in the written report that adequate efforts have been made to obtain such operators, or for other good reason in the judgment of the Engineer in Charge.

(b) Such application or report is not required to be submitted on any numbered or prescribed form However, the request or report shall be in writing, signed by the licensee, if the licensee is an individual; by a partner, if the licensee is a partnership; or by an officer of the corporation, if the licensee is a corporation.

(c) A specific request for permission to use operators of lesser grade than required by the Commission's rules shall include the following information:

(1) Call letters of the station;
(2) Name of licensee;

(3) The number of persons holding radiotelephone first class operator licenses that will be employed as full-time operators at the station (this does not include part-time employees and persons only available on call in case of emergencies);

(4) A showing that at least one first class operator will be employed full time at the station and will be available on call at all times in the event of equipment failure:

(5) A statement that the additional licensed radiotelephone first class operators required for maintaining the normal schedule of operation could not be obtained for employment at the station:

(6) In the event an operator of the required grade was rejected by the station, a statement should be submitted by the station showing the reason for the rejection; and

(7) A showing that all known sources of broadcast operators within a reason

able distance have been exhausted. Names and addresses of sources contacted and the date of such contact shall be stated.

(d) The chief operator holding a radiotelephone first class operator 11cense at a station to which temporary permission has been granted shall mail to the Engineer in Charge of the area from whom permission is received, within 3 days after employment of a lesser grade operator, a written certification setting forth the name and operator license number of the lesser grade operator employed and stating that the operator has the ability to perform the normal operation of the station.

(Sec. 318, 48 Stat. 1089, as amended; 47 U.S.C. 318)

§ 1.548 Application to operate by remote control.

Application by an existing licensee or permittee for a permit to operate a standard or FM broadcast station by remote control shall be made on FCC Form 301-A "Request for ModificationBroadcast Station Authorization (Remote Control).”

(Sec. 318, 48 Stat. 1089, as amended; 47 U.S.C. 318) § 1.549

Requests for extensions of authority to operate without certain indicating instruments.

Requests for extension of authority to operate without a frequency monitor, a modulation monitor, a plate ammeter or voltmeter, a base current meter or common point meter, or a transmission line meter for FM and television stations, should be made by informal application to the Engineer in Charge of the radio district in which the station is located. Such requests must contain information as to when and what steps were taken to repair or replace the defective instrument.