in the file required to be maintained by this paragraph. If such engineering section contains service contour maps submitted with that section, copies of such maps, and nformation (State, county, city, street adtress or other identifying information) rowing main studio and transmitter locaon shall be kept in the file.

b Responsibility in case of assignment or transfer. (1) In cases involving applications for consent to assignment of broadcast station construction permits or licenses, with respect to which public notice is required to be given under the provisions of § 1.580 or § 1.594, the file mentioned in paragraph (a) of this section shall be maintained by the assignor. If the assignment is consented to by the Commission and consummated, the assignee shall maintain the file commencing with the date on which notice of the consummation of the assignment is filed with the Commission. The file maintained by the assignee shall cover the period both before and after the time when the notice of consummation of assignment was filed. The assignee is responsible for obtaining copies of the necessary documents from the assignor er from the Commission files.

2) In cases involving applications for Consent to transfer of control of a permittee or licensee of a broadcast station, the file mentioned in paragraph (a) of section shall be maintained by the permittee or licensee.

e Station to which records pertain. The file need contain only applications, ership reports, and related material at concern the station for which the is kept. Applicants, permittees, and sees need not keep in the file copies such applications, reports, and maal which pertain to other stations with regard to which they may be appliat permittees, or licensees, except to extent that such information is reSected in the materials required to be under the provisions of this section. d Location of records. The file Kabe maintained at the main studio the station or at any other accessible ace such as a public registry for docuts or an attorney's office) in the munity to which the station is or is ed to be licensed, and shall be rable for public inspection at any during regular business hours. • Period of retention. The records Deed in paragraph (a) (4) of this shall be retained for the periods ected in §§ 73.120 (d), 73.290(d),

73.590 (d), and 73.657 (d) of this chapter (2 years). The records specified in paragraph (a) (1), (2) and (3) of this section shall be retained as follows:

(1) The applicant for a construction permit for a new station shall maintain such a file so long as the application is pending before the Commission or any proceeding involving that application is pending before the courts. (If the application is granted, subparagraph (2) of this paragraph shall apply.)

(2) The permittee or licensee shall maintain such a file so long as an authorization to operate the station is outstanding.

[30 F.R. 4546, Apr. 8, 1965, as amended at 30 F.R. 13541, Oct. 23, 1965]

APPLICATION FORMS AND PARTICULAR
FILING REQUIREMENTS

§ 1.531 Formal and informal applica

tions.

(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."

(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 Broadcast Translator Station."

(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)

§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 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."

(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 Broadcast Translator Station License."

(Sec. 319, 48 Stat. 1089, as amended; 47 U.S.C. 319)

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

(1) Change in name of licensee wher no change in ownership or control i involved;

(2) Change in station location involv ing no change in transmitter location

(3) Change in main studio location o a television station to or from a locatio outside the principal community;

(4) Change in studio location of standard or FM station to a locatio outside the city limits other than the a sociated transmitter site;

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

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

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

$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 nclude a reference by date and file Eumber to such information on file.

(c) Whenever the Commission regards an application for a renewal of license as essential to the proper conduct of a hearing or investigation, and specifically directs that it be filed by a date certain, such application shall be filed within the time thus specified. If the licensee fails to file such application within the prescribed time, the hearing or investigation shall proceed as if such renewal application had been received. (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,

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 all apPcations for renewal of regular licenses

auxiliary broadcasting stations.

4) FCC Form 318 "Request for Subdary Communications Authorizaona"

5) FCC Form 342 "Application for Benewal of Noncommercial Educational TV. PM, or Standard Broadcast Station cer.se."

4 PCC Form 345 "Application for Bal of Television Broadcast BoostePation License."

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

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

§ 1.540 Application for voluntary assignment or transfer of control.

(a) Application for consent to the assignment of construction permit or 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), or FCC Form 316 (Short Form). Such application should be filed with the Commission at least 45 days prior to the contemplated effective date of assignment or transfer of control.

(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)

§ 1.541 Application for involuntary assignment 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 satisfactory 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

concerning programs to be transmitted to foreign radio stations.

Application under section 325(b) of the Communications Act for authority to locate, use, or maintain a radio broadcast studio in connection with a foreign radio station should be made on FCC Form 308 "Application for permit to locate, maintain, or use studio or appa ratus for production of programs to b transmitted or delivered to foreign radi station": Provided, That licensees or per mittees may file an informal application in those cases where the programs to b transmitted or delivered to a foreig raido station has been, is being, or wil be broadcast in the United States by sai licensee or permittee.

(Sec. 325(b), 48 Stat. 1091; 47 U.S.C. 325(b) § 1.546 Application to determine ope

ating power by direct measuremen of antenna power.

Application to determine operatin power of standard broadcast stations b direct measurement of antenna pow shall be made on FCC Form 302 "Appl cation for New Broadcast Statio License."

§ 1.547 Application for permission use lesser grade operators.

(a) Application for temporary pe mission to operate standard and F

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 nclude 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 per

only available on call in case of emergencies);

4) A showing that at least one first cass 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 normai 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 staLa statement should be submitted by the station showing the reason for the tion; and

$1094 -66

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

§ 1.549

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.