emitted by the station within the limits prescribed by the regulations in this part. (f) An auxiliary transmitter which is licensed at a geographical location different from that of the main transmitter shall be equipped with a frequency control which will automatically hold the frequency within the limits prescribed by the regulations in this part without any manual adjustment during operation or when it is being put into operation. [Rule 148] 3.108 Duplicate transmitters. If a licensee of a broadcast station has duplicate transmitting equipment and arranges for alternate operation, one such duplicate shall be considered as an auxiliary transmitter subject to the above conditions: Provided, however, That duplicate equipment for alternate operation may be licensed when the Commission is satisfied that desirable experimental work is being carried on, in which case the licensee shall be subject to the regulations governing experimental stations. (See Part 5)*+ [Rule 149] 3.109 Reporting use of auxiliary transmitter. Within 2 days after each use of the auxiliary transmitter, except for testing, the Commission and the inspector in charge shall be notified in writing of the date, time, and power at which the auxiliary transmitter is operated, and the reasons for each use.** [Rule 150] GENERAL OPERATION 3.121 Minimum operation. Except Sundays, the licensee of each broadcast station shall maintain a minimum regular operating schedule of two thirds of the hours that it is authorized to operate during each broadcast day, except that in an emergency when, due to causes beyond the control of the licensee, it becomes impossible to continue operating, the station may cease operation for a period of not to exceed 10 days, provided that the Commission and the inspector in charge shall be notified in writing immediately after the emergency develops.* [Rule 151] 3.122 Failure to operate minimum hours. If the minimum operating schedule herein required is not adhered to, the licensee may, after hearing, be required to share time with other stations, or be limited to operation during daytime or during specified hours.** [Rule 152] 3.123 Unlimited time station. A licensee of an unlimited time station may operate the station on any schedule of hours during the broadcast day and the experimental period, provided the minimum regular schedule is maintained during the broadcast day.** [Rule 153] 3.124 Specified hours. If the license of a sharing time station specifies the hours of operation, the schedule so specified shall be adhered to until otherwise ordered by the Commission.* [Rule 154] 3.125 Sharing time agreement. If the licenses of sharing time stations do not specify hours of operation, the licensees shall endeavor to reach an agreement for a definite schedule of periods of time to be used by each. Such agreement shall be in writing and each licensee Page 148 *For statutory and source citations, see note to § 3.1. shall file the same in triplicate original with each application to the Commission for renewal of license. If and when such written agreements are properly filed in conformity with this order the file mark of the Commission will be affixed thereto, one copy will be retained by the Commission, one copy forwarded to the inspector in charge, and one copy returned to the licensee to be posted with the station license and considered as a part thereof. If the license specifies a proportionate time division, the agreement shall maintain this proportion. If no proportionate time division is specified in the license, the licensees shall agree upon a division of time. Such division of time shall not include simultaneous operation of the stations unless specifically authorized by the terms of the license.** [Rule 155] 3.126 Departures from operating schedules. Departure from the regular operating schedule set forth in a time-sharing agreement will be permitted only in cases where an agreement to that effect is reduced to writing, is signed by the licensees of the stations affected thereby and filed in triplicate by each licensee with the Commission prior to the time of the proposed change. If time is of the essence, the actual departure in operating schedule may precede the actual filing of written agreement, provided appropriate notice is sent to the Commission and the inspector in charge.*+ [Rule 156] 3.127 Failure to reach agreement. If the licensees of sharing time stations are unable to agree on a division of time, the Commission shall be so notified by statement to that effect filed with application for renewal of license. Upon receipt of such statement the Commission will designate the application for a hearing and, pending such hearing, the operating schedule previously adhered to shall remain in full force and effect.* [Rule 157] 3.128 Sunset. If the licensee of a broadcast station is required to cease operation of the station at the time of sunset at some point within the United States, the license will specify the hour of the day during each month of the license period when operation of such station shall (See § 3.162)*+ [Rule 158] cease. 3.129 Limited time schedules. The licensee of a limited time station that is authorized to resume operation at the time the unlimited time station on the same frequency ceases operation, shall, with each application for renewal of license, file in triplicate a copy of his regular operating schedule, signed and approved by the licensee of the unlimited time station. Upon receipt of such operating schedule, properly executed, the Commission will affix its file mark, retain one copy, forward one copy to the inspector in charge, and return one copy to the licensee of the limited time station, who shall post it with the station license, and it shall be considered as a part thereof. Departure from said operating schedule will be permitted only in accordance with the procedure set forth in § 3.126.* [Rule 159]] 3.130 Failure to agree. If the licensees of the limited time and unlimited time stations are unable to agree upon a definite time for resumption of operation by the limited time station, the Commission shall be so notified by the licensee of the limited time station. After receipt of such statement the Commission will designate for hearing **For statutory and source citations, see note to § 3.1. Page 149 the applications of both stations for renewal of license, and pending the hearing the schedule previously adhered to shall remain in full force and effect.*t [Rule 160] 3.131 Specified hours. Any broadcast station, other than a day or limited time station, that is licensed for operation part time on a channel on which the entire available broadcast time (î. e., the broadcast day) has not been designated for use in the same geographical area, may operate only during the hours specified in the license."t [Rule 161] 3.132 Operating schedule. In all cases where a station licensee is required to prepare and file an operating schedule, any deviation or departure from such schedule, except as authorized in this part, shall be considered as a violation of a material term of the license.*+ [Rule 162] 3.133 Specific hours. In all cases where specific hours of operation are fixed in the license any deviation or departure therefrom, except as authorized by the Commission, shall be considered as a violation of the material terms of the license.* [Rule 163] 3.134 Equipment tests. Upon completion of construction of a broadcast station in exact accord with the terms of the construction permit and prior to the filing of application for license, the permittee is authorized to test the equipment between the hours of 1 a. m. and 6 a. m., local standard time, for a period not to exceed 10 days: Provided, That the Commission and the inspector in charge are notified 2 days in advance of the beginning of such equipment tests: And provided further, That the Commission may cancel or change the period and/or date of the beginning of such authority as may appear to be in the public interest, convenience, and necessity.*+ [Rule 164] 3.135 Program tests. When construction is completed in exact accord with the terms of the construction permit, and after an application for station license has been filed with the Commission, showing the transmitter to be in satisfactory operating condition, the permittee is authorized to conduct program tests in exact accord with the equipment, power, frequency, and hours of operation specified in the construction permit, for a period not to exceed 30 days: Provided, That the Commission and the inspector in charge of the proper district are notified 2 days in advance of the beginning of such program tests: And provided further, That the Commission may cancel or change the period and/or date of the beginning of such authority as may appear to be in the public interest, convenience, and necessity.*+ [Rule 165] 3.136 Daylight-saving time. If local time is changed from standard time to daylight-saving time at the location of all stations sharing time on the same frequency, the hours of operation of all such stations on that frequency shall be understood to refer to daylight-saving time, and not standard time, as long as daylight-saving time is observed. This provision shall govern when the time is changed by provision of law or general observance of daylight-saving time by the various communities, and when the time of operation of such stations is specified in the license or is mutually agreed upon by the licensees: Provided, Page 150 **For statutory and source citations, see note to § 3.1. however, That when the license specifies average time of sunset, local standard time shall be used.*t [Rule 166] 3.137 No change from standard time. Where the local time is not changed from standard time to daylight-saving time at the location of all stations sharing time on the same frequency, the hours of operation on this frequency shall be understood to have reference to standard time, and not daylight-saving time, unless said licensees mutually agree upon a new schedule which shall be effective only while daylight saving time is observed at the location of some of these stations.* [Rule 167] 3.138 Standard time. The time of operation of any broadcast station which does not share time with other stations on the same frequency shall be understood to have reference to local standard time unless modification of such license with respect to hours of operation is made by the Commission.** [Rule 168] 3.139 Posting of licenses. The station license shall be posted in a conspicuous place in the room in which the transmitter is located, and the license of the station operator shall be posted in a conspicuous place in a room occupied by the operator while on duty.*+ [Rule 169] 3.140 Licensed operators required. The licensee of each station shall keep a licensed operator or operators of the grade specified by the Secretary of the Commission on duty during all periods of actual operation of the transmitter at the place where the transmitting equipment is located.*t [Rule 170] 3.141 Additional operator duties. A licensed operator on duty and in charge of the transmitter may, at the discretion of the licensee, be employed for additional operator's duties commensurate with the grade of operator's license which he holds.** [Rule 171] 3.151 Program and operating logs. The licensee of each broadcast station shall maintain program and operating logs and shall require entries to be made as follows: (a) The program log. (1) An entry of the time each station and call announcement is made, with an indication of the type of announce ment. (2) An entry briefly describing each program broadcast, such as "music", "drama", "speech", etc., with the time of the beginning and ending. If a mechanical reproduction is used, that fact shall be noted, together with an indication whether announcement thereof was made. If a speech is made by a political candidate, the name and political affiliations of such speaker shall be entered. (b) The operating log. (1) An entry of the time the station begins to supply power to the antenna, and the time it stops. (2) An entry of the time the program begins and ends. (3) An entry of each interruption to the carrier wave, its cause and duration. (4) An entry of the following each 30 minutes: (i) Operating constants of last radio stage (total plate current and plate voltage). (ii) Antenna current. (iii) Frequency check. (iv) Temperature of crystal control chamber.** [Rule 172] *For statutory and source citations, see note to § 3.1. Page 151 3.152 Who shall keep log. Each log shall be kept by the person or persons competent to do so, having actual knowledge of the facts required, and who shall sign the log when starting duty and again when going off duty. The logs shall be made available upon request by authorized Government representatives.*+ [Rule 173] 3.153 Log form. The exact form of logs is not prescribed, but they shall be kept in an orderly manner, and in such detail that the information required is readily available. Key letters or abbreviations may be used if the explanation of each is given plainly in the log.*t [Rule 174] These 3.154 Announcements. Each licensee of a broadcast station shall announce the call letters and location as frequently as practicable during the hours of operation, and in any event before or after each program being broadcast. In no event shall more than 30 minutes elapse between such announcements, and insofar as practicable these announcements shall be made on the hour and half hour.22 requirements are waived when such announcements would interrupt a single consecutive speech, play, symphony concert or operatic production of longer duration than 30 minutes; and in such cases the announcement of the call letters and location shall be made as soon as possible.*† (Sec. 4 (i), 48 Stat. 1068; 47 U.S.C. 154 (i)) [Rule 175, as amended, Jan. 19, 1937, 2 F.R. 212] 3.155 Mechanical reproductions. Each broadcast program consisting of a mechanical reproduction, or a series of mechanical reproductions, shall be announced in the manner and to the extent set out below: (a) A mechanical reproduction, or a series thereof, of longer duration than 15 minutes, shall be identified by appropriate announcement at the beginning of the program, at each 15 minute interval, and at the conclusion of the program; Provided, however, That the identifying announcement at each 15 minute interval is waived in case of a mechanical reproduction consisting of a single, continuous, uninterrupted speech, play, symphony concert or operatic production of longer duration than 15 minutes; (b) A mechanical reproduction, or a series thereof, of a longer duration than 5 minutes and not in excess of 15 minutes, shall be identified by an appropriate announcement at the beginning and end of the program; (c) A single mechanical reproduction of a duration not in excess of 5 minutes, shall be identified by appropriate announcement immediately preceding the use thereof; 22 'Call letters of stations need not be announced within exactly 30 minutes or less of the previous announcement but shall be made as near thereto as practicable. During variety-show programs, baseball game broadcasts, etc., of an hour or more in duration, the call letter announcements shall be made on the hour and half hour within a 5-minute period thereof. That is, the half hour announcement shall be made between 25 and 35 minutes after the hour, and likewise the hour announcement shall be within 5 minutes of the hour. The interpretation given above in no way affects the waiver clause given in the last sentence of this section. [FCC, BD, Oct. 5, 1937] Page 152 *For statutory and source citations, see note to § 3.1. |