Sec. 73.561  Operating schedule; time sharing.

    (a) All noncommercial educational FM stations will be licensed for 
unlimited time operation except those stations operating under a time 
sharing arrangement. All noncommercial educational FM stations are 
required to operate at least 36 hours per week, consisting of at least 5 
hours of operation per day on at least 6 days of the week; however, 
stations licensed to educational institutions are not required to 
operate on Saturday or Sunday or to observe the minimum operating 
requirements during those days designated on the official school 
calendar as vacation or recess periods.

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    (b) All stations, including those meeting the requirements of 
paragraph (a) of this section, but which do not operate 12 hours per day 
each day of the year, will be required to share use of the frequency 
upon the grant of an appropriate application proposing such share time 
arrangement. Such applications shall set forth the intent to share time 
and shall be filed in the same manner as are applications for new 
stations. They may be filed at any time, but in cases where the parties 
are unable to agree on time sharing, action on the application will be 
taken only in connection with the renewal of application for the 
existing station. In order to be considered for this purpose, such an 
application to share time must be filed no later than the deadline for 
filing petitions to deny the renewal application of the existing 
licensee, or, in the case of renewal applications filed by the existing 
licensee on or before May 1, 1995, no later than the deadline for filing 
applications in conflict with the such renewal applications.
    (1) The licensee and the prospective licensee(s) 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 shall set forth which 
licensee is to operate on each of the hours of the day throughout the 
year. Such agreement shall not include simultaneous operation of the 
stations. Each licensee shall file the same in triplicate with each 
application to the Commission for initial construction permit or renewal 
of license. Such written agreements shall become part of the terms of 
each station's license.
    (2) The Commission desires to facilitate the reaching of agreements 
on time sharing. However, if the licensees of stations authorized to 
share time are unable to agree on a division of time, the Commission 
shall be so notified by statement to that effect filed with the 
application proposing time sharing. Thereafter the Commission will 
designate the application for hearing on any qualification issues 
arising regarding the renewal or new applicants. If no such issues 
pertain, the Commission will set the matter for expedited hearing 
limited solely to the issue of the sharing of time. In the event the 
stations have been operating under a time sharing agreement but cannot 
agree on its continuation, a hearing will be held, and pending such 
hearing, the operating schedule previously adhered to shall remain in 
full force and effect.
    (c) A departure from the regular schedule set forth in a time-
sharing agreement will be permitted only in cases where a written 
agreement to that effect is reduced to writing, is signed by the 
licensees of the stations affected thereby, and is filed in triplicate 
by each licensee with the Commission, Attention: Audio Division, Media 
Bureau, 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 the written agreement, provided that appropriate notice 
is sent to the Commission in Washington, DC, Attention: Audio Division, 
Media Bureau.
    (d) In the event that causes beyond the control of a permittee or 
licensee make it impossible to adhere to the operating schedule in 
paragraph (a) or (b) of this section or to continue operating, the 
station may limit or discontinue operation for a period not exceeding 30 
days without further authority from the Commission provided that 
notification is sent to the Commission in Washington, DC, Attention: 
Audio Division, Media Bureau, no later than the 10th day of limited or 
discontinued operation. During such period, the permittee shall continue 
to adhere to the requirements of the station license pertaining to the 
lighting of antenna structures. In the event normal operation is 
restored prior to the expiration of the 30 day period, the permittee or 
licensee will notify the FCC, Attention: Audio Division of the date that 
normal operations resumed. If causes beyond the control of the permittee 
or licensee make it impossible to comply within the allowed period, 
Special Temporary Authority (see Sec. 73.1635) must be requested to 
remain silent for such additional time as deemed necessary. The license 
of a broadcasting station that fails to transmit broadcast signals for 
any consecutive 12 month period expires as a matter of law at the end of

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that period, notwithstanding any provision, term, or condition of 
license to the contrary.

    Note 1 to Sec. 73.561:
    For allocations purposes, both (all) stations sharing time will be 
treated as unlimited time stations.
    Note 2 to Sec. 73.561:
    See Sec. Sec. 73.1705, 73.1715, and 73.1740.

(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 
155, ))

[43 303 FR 39717 , Sept. 6, 1978, as amended at  43 FR 45845 , Oct. 4, 1978;  44 FR 3416 , Jan. 19, 1979;  44 FR 65764 , Nov. 15, 1979;  47 FR 54448 , Dec. 3, 
1982;  50 FR 13974 , Apr. 9, 1985;  61 FR 18291 , Apr. 25, 1996;  61 FR 28767 , June 6, 1996;  63 FR 33877 , June 22, 1998;  67 FR 13231 , Mar. 21, 
2002]