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In certain situations, the FCC may grant a waiver on that. I recall that when WMFO (Tufts University) went from 10 watts omnidirectional to 125 watts directional in the early '80s, the FCC made them apply for a waiver of the limitation of how sharp a null can be, in order to comply with the radically directional pattern that they told them was necessary to raise their power. Sort of a "Catch-22", but they did it.
I think it was more than that, even...didn't the FCC actually have provisions solely for displaced Class D's that were upgrading to Class A's that allowed for DA patterns that wouldn't be allowed under today's rules? I don't think it was just WMFO that had that problem, although they were one of the more prominent examples of it. I vaguely remember hearing about how certain rules regarding FM DA's were waived based on the presumed hardship that the forced upgrades were causing.
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