licensee or permittee, refrain from duplicating any program broadcast by such station, simultaneously or within a period commencing 15 days prior to its broadcast by the station and ending 15 days after such broadcast, if the CATV operator has received notification from the requesting station of the date and time of its broadcast of the program and the date and time of any broadcast to be deleted, as soon as possible and in any event no later than 48 hours prior to the broadcast to be deleted.

(g) Exceptions. Notwithstanding the requirements of paragraph (f) of this section,

(1) The CATV system need not delete reception of a network program if, in so doing, it would leave available for reception by subscribers, at any time, less than two network programs (including those broadcast by any stations whose signals are being carried and whose program exclusivity is being protected pursuant to the requirements of this section);

(2) The system need not delete reception of a network program which is scheduled by the network between the hours of 6 and 11 p.m., Eastern Time, but is broadcast by the station requesting deletion, in whole or in part, outside of the period which would normally be considered prime time for network programming in the time zone involved; and

(3) The system need not delete reception of any program consisting of the broadcast coverage of a speech or other event as to which the time of presentation is of special significance, except where the program is being simultaneously broadcast by a station entitled to program exclusivity.

NOTE: Whether or not a particular station which does not present a significant amount of locally originated programming is a "satellite", as that term is used in § 74.1033, will be determined on the facts of the particular case.

§ 74.1035 Remote control operation.

(a) A community antenna relay station may be operated by remote control provided the following conditions are met:

(1) The transmitter and associated control system shall be installed and protected in a manner designed to prevent tampering or operation by unauthorized persons.

(2) An operator meeting the requirements of § 74.1073 shall be on duty at the remote control position and in actual charge thereof at all times when the station is in operation.

(3) Facilities shall be provided at the control position which will permit the operator to turn the transmitter on and off at will. The control position shall also be equipped with suitable devices for observing the overall characteristics of the transmissions and a carrier operated device which will give a continuous visual indication whenever the transmitting antenna is radiating a signal. The transmitting apparatus shall be inspected as often as may be necessary to insure proper operation.

(4) The control circuits shall be so designed and installed that short circuits, open circuits, other line faults, or any other cause which would result in loss of control of the transmitter will automatically cause the transmitter to cease radiating.

(b) An application for authority to construct a new station or to make changes in the facilities of an existing station and which proposes operation by remote control shall include an adequate showing of the manner of compliance with the requirements of this section. § 74.1037 Unattended operation.

(a) Unattended operation of a community antenna relay station will be permitted only if the following requirements are met:

(1) The transmitter and any associated control circuits shall be installed and protected in a manner designed to prevent tampering or operation by unauthorized persons.

(2) The transmitter shall be equipped with automatic circuits which will permit it to radiate only when a signal on the frequency which it is intended to retransmit is present at the input terminals of the apparatus.

(3) If the transmitting apparatus is located at a site which is not readily accessible at all hours and in all seasons, means shall be provided for turning the transmitter on and off at will from a location which can be reached promptly at all hours and in all seasons.

(4) Appropriate observations shall be made, at intervals not exceeding one hour during the period of its operation, at the receiving end of the circuit by an opera

tor meeting the requirements of § 74.1073, who shall take immediate corrective action if any condition of improper operation is observed.

(5) The station licensee shall be responsible for the proper operation of the station, and all adjustments or tests during or coincident with the installation, servicing, or maintenance of the station which may affect its operation shall be performed by or under the immediate supervision and responsibility of a licensed operator as provided in § 74.1073.

(b) An application for authority to construct a new station or to make changes in the facilities of an existing station and which proposes unattended operation shall include an adequate showing as to the manner of compliance with the requirements of this section.

(a) Community antenna relay stations shall use directive transmitting antennas. The maximum beam width in the horizontal plane between half power points of the major lobe shall not exceed 3 degrees. Either vertical, horizontal, or rotating polarization may be employed. The Commission reserves the right to specify the polarization of the transmitted signal.

(b) The choice of receiving antennas is left to the discretion of the licensee. However, licensees will not be protected from interference which results from the lack of adequate antenna discrimination against unwanted signals.

74.1061 relating to bandwidth, frequency stability, and frequency tolerance.

(b) The installation of a community antenna relay station shall be made by or under the immediate supervision of a qualified engineer. Any tests or adjustments requiring the radiation of signals and which could result in improper operation shall be conducted by or under the immediate supervision of an operator holding a valid first- or second-class radiotelephone operator license.

(c) Simple repairs such as the replacement of tubes, fuses, or other plug-in components which require no particular skill may be made by an unskilled person. Repairs requiring replacement of attached components or the adjustment of critical circuits or corroborative measurements shall be made only by a person with the knowledge and skill to perform such tasks.

(a) Formal application is required for any of the following changes:

(1) Replacement of the transmitter as a whole, except replacement with an identical transmitter, or any change in equipment which could result in a change in the electrical characteristics or performance of the station.

(2) Any change in the transmitting antenna system including the direction of the main radiation lobe, directive pattern, antenna gain, or transmission line.

(3) Any change in the height of the antenna above ground, or any horizontal change in the location of the antenna. (4) Any change in the transmitter control system.

(5) Any change in the location of the transmitter, except a move within the same building or upon the tower or mast. (6) Any change in frequency assignment.

(7) Any change of authorized operation power.

(b) Other equipment changes not specifically referred to in paragraph (a) of this section may be made at the discretion of the licensee, provided that the Engineer in Charge of the radio district in which the station is located and the Commission in Washington, D.C., are notified in writing upon the completion of such changes and provided further, that the changes are appropriately re

flected in the next application for renewal of licenses of the station.

TECHNICAL OPERATION

§ 74.1061 Frequency tolerance.

The frequency of the unmodulated carrier of a community antenna relay station shall be maintained within 0.02 percent of the center of the assigned channel.

§ 74.1063 Frequency monitors and

measurements.

(a) Suitable means shall be provided to insure that the operating frequency is within the prescribed tolerance at all times. The operating frequency shall be checked as often as is necessary to insure compliance with § 74.1061 and in any case at intervals of no more than one month.

(b) The choice of apparatus to measure the operating frequency is left to the discretion of the licensee. However, failure of the apparatus to detect departures of the operating frequency in excess of the prescribed tolerance will not be deemed an acceptable excuse for the violation. § 74.1065

Modulation limits.

(a) A community antenna relay station is not expected to adhere to any prescribed schedule of operation. However, it is limited to operation only when the originating station, or stations, is transmitting the programs which it relays except as provided in paragraph (b) of this section.

(b) The transmitter may be operated for short periods of time to permit necessary tests and adjustments. The radiation of an unmodulated carrier for extended periods of time or other unnecessary transmissions are forbidden. § 74.1069 Station inspection.

The station and all records required to be kept by the licensee shall be made

available for inspection upon request by any authorized representative of the Commission.

§ 74.1071 Posting of station and operator licenses.

(a) The station license and any other instrument of authorization or individual order concerning the construction or the equipment or manner of operation shall be posted at the place where the transmitter is located, so that all terms thereof are visible except as otherwise provided in paragraphs (b) and (c) of this section.

(b) In cases where the transmitter is operated by remote control, the documents referred to in paragraph (a) of this section shall be posted in the manner described at the control point of the transmitter.

(c) In cases where the transmitter is operated unattended, the name of the licensee and the call sign of the unattended station shall be displayed at the transmitter site on the structure supporting the transmitting antenna, so as to be visible to a person standing on the ground at the transmitter site. The display shall be prepared so as to withstand normal weathering for a reasonable period of time and shall be maintained in a legible condition at all times by the licensee. The station license and other documents referred to in paragraph (a) of this section shall be kept at the nearest attended station or, in cases where the licensee of the unattended station does not operate attended stations, at the point of destination of the signals relayed by the unattended station.

(d) The original of each station operator license shall be posted at the place where the operator is on duty: Provided, however, That: if the original license of a station operator is posted at another radio transmitting station in accordance with the rules governing the class of station and is there available for inspection by a representative of the Commission, a verification card (FCC Form 758-F) is acceptable in lieu of the posting of such license: Provided further, however, That if the operator on duty holds an operator permit of the card form (as distinguished from the diploma form), he shall not post that permit but shall keep it in his personal possession.

§ 74.1073 Operator requirements.

(a) One or more radio operators holding valid radiotelephone first- or secondclass operator licenses shall be on duty at the place where the transmitting apparatus of any community antenna relay station is located, in plain view of and in actual charge of its operation: Provided, however, That if a station is operated by remote control as provided in § 74.1035, such operator or operators must be on duty at the remote control position in lieu of the transmitting location, and the control and monitoring equipment shall be readily accessible and clearly visible to the operator at that position: And provided further, That if a station is operated unattended as provided in § 74.1037, such operator shall be on duty at the receiving end of the circuit and shall be responsible for making the required observations to insure that any condition of improper operation is promptly corrected.

(b) Any transmitter tests, adjustments, or repairs during or coincident with the installation, servicing, operation, or maintenance of a community antenna relay station which may affect the proper operation of such station shall be made by or under the immediate supervision and responsibility of a person holding a valid first- or second-class radiotelephone operator license, who shall be fully responsible for proper functioning of the station equipment.

(c) The licensed operator on duty and in charge of a community antenna relay station may, at the discretion of the licensee, be employed for other duties or for the operation of another station or stations in accordance with the class of operator license which he holds and the rules governing such stations. However, such duties shall in no way impair or impede the required supervision of the community antenna relay station.

§ 74.1075 Marking and lighting of an

tenna structures.

The marking and lighting of antenna structures authorized by the Commission, where required, will be specified in the authorization issued by the Commission. Part 17 of this chapter sets forth the circumstances under which such marking and lighting will be required and the responsibility of the licensee with regard thereto.

In case the rules of this part do not cover all phases of operation with respect to external effects, the Commission may make supplemental or additional orders in each case as may be deemed necessary. § 74.1079 Copies of the rules.

The licensee of a community antenna relay station shall have current copies of Part 74, and in cases where aeronautical hazard marking of antennas is required, Part 17 of this chapter shall be available for use by the operator in charge. Both the licensee and the operator or operators responsible for the proper operdiate relay stations in the system. ation of the station are expected to be familiar with the rules governing community antenna relay stations. Copies of the Commission's rules may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C., 20402, at nominal cost. OPERATION

§ 74.1081 Logs.

The licensee of a community antenna relay station shall maintain an operating log showing the following:

(a) The date and time of the beginning and end of each period of operation of each transmitter.

(b) The date and time of any unscheduled interruptions to the transmissions of the station, the duration of such interruptions, and the causes thereof.

(c) A record of repairs, adjustments, tests, maintenance, and equipment changes.

(d) Log entries shall be made in an orderly and legible manner by the person or persons competent to do so, having actual knowledge of the facts required, who shall sign the log when starting duty and again when going off duty.

(e) Where an antenna structure is required to have aeronautical hazard markings, the information required by § 17.38 of this chapter shall be included.

(f) No log or portion thereof shall be erased, obliterated, or willfully destroyed within the period of retention required by rule. Any necessary correction may be made only by the person who made the original entry who shall strike out the erroneous portion, initial the correction made, and show the date the correction was made.

(g) Operating logs shall be retained for period of not less than 2 years. The Commission reserves the right to order retention of logs for a longer period of time. In cases where the licensee has notice of any claim or complaint, the log shall be retained until such claim or complaint has been fully satisfied or until the same has been barred by statute limiting the time for filing of suits upon such claims. § 74.1083

Retransmissions.

(a) Community antenna relay stations are limited to the relaying of television

broadcast and related audio signals, and signals of standard and FM broadcast stations, unless otherwise authorized by the Commission. Relaying includes retransmission of such signals by intermediate relay stations in the system.

(b) Community antenna relay stations may also retransmit the signals of other community antenna relay or common carrier stations operated by different licensees provided that the program material retransmitted meets the requirements of paragraph (a) of this section. PARTS 75-79 [RESERVED]