[Federal Register Volume 63, Number 223 (Thursday, November 19, 1998)]
[Rules and Regulations]
[Pages 64199-64209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30381]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 5 and 90
[ET Docket No. 96-256, FCC 98-283]
Revision of the Experimental Radio Service Regulations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission revises the rules, which governs the
Experimental Radio Service (ERS). This action will promote technical
innovation and new services by encouraging experiments; ensure that
experimental licenses do not result in abuse of our processes;
eliminate unnecessary and burdensome experimental regulations; and
protect public safety frequencies.
EFFECTIVE DATE: January 19, 1999.
FOR FURTHER INFORMATION CONTACT: Rodney Small, Office of Engineering
and Technology, (202) 418-2452.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
ET Docket--96-256, FCC 98-283, adopted October 22, 1998, and released
October 27, 1998. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW, Washington, DC,
and also may be purchased from the Commission's duplication contractor,
International Transcription Service, (202) 857-3800, 1231 20th Street,
NW, Washington, DC 20036.
Summary of the Report and Order
1. The Notice of Proposed Rule Making (Notice), 62 FR 68698,
December 30, 1996, in this proceeding, proposed a number of changes to
part 5. The Commission noted that Section 303(g) of the Communications
Act of 1934, as amended (the Act), authorizes the Commission to provide
for experimental use of frequencies and charges the Commission with
encouraging the larger and more effective use of radio in the public
interest. The Commission further noted that the primary purpose of the
ERS is to provide for experimental uses of radio frequencies and for
development of techniques and systems that are not otherwise permitted
under existing service rules, and that the ERS provides opportunity for
manufacturers, inventors, entrepreneurs, and students to experiment
with new radio technologies, new equipment designs, characteristics of
radio wave propagation, or new service concepts related to the use of
the radio spectrum.
2. Additionally, the Commission observed that it last updated its
ERS rules in 1983. Since that time, there have been significant changes
in services and technologies, and the competitive and rapidly
developing telecommunications market has increased the importance of
maintaining current and useful rules to govern the ERS. The Commission
stated that based on its experience, it believed that the ERS rules
should be significantly modified to eliminate unnecessary and
burdensome rules and to better promote experimentation, while ensuring
that the experimental process is not abused.
[[Page 64200]]
3. To promote technical innovation, we are permitting longer
license terms, blanket licensing of related multiple experiments,
construction of satellite experimental facilities to begin prior to
licensing, and electronic filing of experimental applications. In the
Notice, the Commission observed that, although experimental licenses
are currently granted for two years, it may be beneficial to certain
segments of the communications industry--in particular, companies that
desire to conduct experiments that involve ongoing research and
development--to provide for a longer license period. Accordingly, the
Commission proposed an additional licensing option that would give
applicants the ability to apply for a five-year license. However, the
Commission requested comment on the appropriate length for such an
extended license period and on whether this new class of experimental
license should be limited to certain parties, such as those involved in
long-term product development.
4. We concur with the commenting parties that an option for a five-
year licensing term is desirable for all ERS applicants. We see no need
to limit this option to only certain types of applicants, or to
establish special rules for those applicants undertaking market
studies, but we will require an applicant seeking an extended license
term to show a need for the requested license term. We also conclude
that license terms which vary from two to five years would provide
greater flexibility, would serve the public interest, and should be
permitted. We note that, currently, even with two-year license terms,
we permit applicants to apply for licenses of terms shorter than two
years. Therefore, we will extend this practice and will now permit
applicants to apply for licenses of a term greater than two years, up
to a maximum of five years. We are providing for this additional
licensing flexibility to all experimental applicants who demonstrate
that they require a license term longer than the normal two years. All
licenses will be renewable upon an adequate showing of need.
5. The Commission proposed to amend the rules governing the filing
of experimental applications in order to simplify the filing process
and to encourage applications to be filed. Specifically, the Commission
proposed to delete the existing requirement for the filing of separate
applications for fixed stations and for mobile stations and to allow an
applicant to apply for all of the stations needed in its experimental
system, including fixed stations and associated mobile units, with a
single experimental license application. Similarly, the Commission
proposed to amend its rules in order to permit the filing of a single
application for multiple experiments, when doing so would be
appropriate for the proposed project. Additionally, in order to
facilitate the electronic filing of applications, the Commission
proposed to amend its rules to permit the Commission's Office of
Engineering and Technology (OET) to accept electronic signatures.
6. We are adopting our proposal to allow an applicant to apply for
all of the fixed and mobile stations in its experimental system on a
single license application, to permit the filing of a single
application for related multiple experiments, and to permit OET to
accept electronic signatures. We find that these actions will
facilitate experimentation and decrease the regulatory burden on our
licensees and staff. Additionally, we adopt the recommendations of
commenting parties that we allow applicants to apply for a blanket
experimental license for all related facilities, allow manufacturers to
conduct experiments under blanket nationwide licenses, and allow
experimental licensees to change emission characteristics provided that
their authorized maximum emissions envelope is not exceeded. We find
that dispensing with the existing requirements for applying for
additional authorizations in these circumstances will facilitate
experimentation, increase administrative efficiency, and eliminate
unnecessary regulatory burdens on ERS licensees. However, we will
require licensees who operate under blanket licenses to notify us of
the specific details of each individual experiment, including location,
number of base and mobile units, power, emission designator, and any
other pertinent technical information not specified by the blanket
license; and we will require licensees who change emission
characteristics to submit written notification to us demonstrating that
such changes will not exceed the maximum emissions envelope established
in the existing authorization.
7. The Commission also proposed to permit ERS licenses to be issued
to schools, as well as to individual students; to remove the current
restriction that students be required to contact the Commission's local
field office in advance of scheduled operation; and to modify the
frequency bands used for student authorizations. Specifically, the
Commission proposed to delete the 2483.5-2500 MHz band from the set of
frequencies designated for student authorizations and to replace it
with the 2402-2450 MHz and 10.00-10.50 GHz bands. The Commission
requested comment on whether student experiments could be accommodated
in those bands without causing harmful interference to existing users.
In addition, the Commission requested comment on whether the 5725-5825
MHz band should be made available for student authorizations. Further,
in Sec. 5.405, which sets forth the power limitation governing student
authorizations, the Commission proposed to remove the somewhat arcane
reference to ``dc plate power'' and replace it with the more
conventional requirement that the ``effective isotropic radiated
power'' (EIRP) not exceed 4 watts, and requested comment on whether
this power level would be appropriate, given the distances over which
student experimenters typically would seek to communicate. Finally, the
Commission requested comment about the level of supervision and the
knowledge of radiofrequency emissions that may be required to supervise
adequately elementary school-age children.
8. Because we find that these proposals will facilitate student use
of the radio spectrum and are otherwise in the public interest, we are
adopting them, as in the rules. We are not, however, authorizing use of
the 5725-5825 MHz band for student experimentation because that band
was recently allocated for use by a new category of unlicensed
equipment, known as Unlicensed National Information Infrastructure (U-
NII) devices, and we find that there would be too great a potential for
harmful interference in the band if student use were permitted in
addition to the authorized use of the band. Specifically, because U-NII
devices may operate anywhere in the 5725-5825 MHz band, there would be
no way to ensure that a student experiment in a particular geographic
area would not operate on the same frequency as a U-NII device.
9. Further, we are making special temporary authorizations (STAs)
easier to obtain by making them independent of other experimental
licenses and by expediting their processing where circumstances
warrant. Special temporary authorizations are currently issued in cases
in which a need is shown for operation of an authorized station for a
limited time only, in a manner other than that specified in an existing
experimental license, but not in conflict with our ERS rules.
10. We find that there is no reason to require a regular
experimental license as a precondition for obtaining an STA. Permitting
STAs to be granted on a
[[Page 64201]]
stand-alone basis will decrease the burden on applicants and will
increase administrative efficiency. Further, we find that it is in the
public interest to grant STAs on short notice in some instances and to
specify more clearly the information needed in an application for STA.
These changes will, respectively, permit applicants greater flexibility
and decrease the burden on applicants and increase administrative
efficiency.
11. To prevent abuses of our Experimental License processes, we are
limiting the size and scope of each market study on a case-by-case
basis, and we will immediately terminate any such study that we
determine to be in excess of this size and scope. Additionally, we are
limiting STAs to single, non-renewable authorizations. The Commission
observed that in some instances its experimental processes have been
abused by companies attempting to establish under the guise of
experimental licenses commercial businesses that would normally require
permanent licenses. Such abuse can be particularly unfair when a
commercial business is being provided under an experimental license in
competition with a similar business provided under a permanent license.
Accordingly, the Commission proposed that as a condition of granting
experimental licenses for market studies, it would require licensees to
limit the size and scope of each study. The Commission stated that it
would determine the appropriate limits for market studies on a case-by-
case basis and terminate any such study that exceeds these limits. We
conclude that some limits on market studies are necessary. Therefore,
we find it appropriate to specify limits for market studies on a case-
by-case basis.
12. The Commission also observed that there has been some abuse of
STAs. The Commission stated that STAs are intended for temporary,
short-term operation, but in the past some parties have used them as
substitutes for experimental licenses by requesting repeated extensions
of the STA and thus have created unnecessary administrative and
paperwork burdens on the Commission's staff. The Commission therefore
proposed to amend its rules to state that in the absence of extenuating
circumstances no extensions of STAs would be granted, and that holders
of STAs who wish to continue experimentation must apply for regular
experimental licenses at least 60 days prior to expiration of their
STAs.
13. Accordingly, we will require STA holders who wish to continue
operations beyond the expiration date of the STA to file an ERS
application no later than 15 days prior to that date. In such cases
where the ERS application has been timely filed, the STA shall continue
in force automatically until action is taken on the application. We
also clarify that an STA must not be in conflict with the ERS rules,
but in some instances an STA--like a regular experimental
authorization--may be in conflict with rules for non-experimental radio
services. We believe that these decisions will best serve the public
interest by preventing abuses of our processes while providing
reasonable flexibility to holders of STAs.
14. To reduce the regulatory burden, we are eliminating the
requirement that experimental licensees contact our Compliance and
Information Bureau (CIB) before commencing operation; eliminating rules
that specify that a construction permit be obtained in conjunction with
an experimental license and that expiration dates of experimental
licenses be distributed over the 12 calendar months; and permitting
licensees to make discrete changes in emission characteristics without
being required to submit applications for modification, provided that
they establish that such changes would not exceed the maximum emissions
envelope in the existing authorization. Further, we are consolidating
and reorganizing the rules, including transferring wildlife and ocean
buoy tracking operations from Part 5 to Part 90. Finally, to protect
public safety frequencies, we are adopting new rules to ensure that
experiments avoid those frequencies except when there is a compelling
need to use them.
Final Regulatory Flexibility Analysis
15. As required by Section 603 of the Regulatory Flexibility Act, 5
U.S.C. 603 (``RFA''), an Initial Regulatory Flexibility Analysis
(``IRFA'') was incorporated into the Notice in ET Docket No. 96-
256.1 The Commission sought written public comments on the
proposals in the Notice, including the IRFA. The Commission's Final
Regulatory Flexibility Analysis (``FRFA'') in this Report and Order
conforms to the RFA, as amended by the Contract With America
Advancement Act of 1996 (CWAAA), Pub. L. 104-121, 110 Stat. 847
(1996).2
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\1\ 11 FCC Rcd 20130 (1996).
\2\ Subtitle II of the CWAAA is ``The Small Business Regulatory
Enforcement Fairness Act of 1996'' (SBREFA), codified at 5 U.S.C.
601 et seq.
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Need For and Objective of the Rules
16. In this decision, the Commission revises its Experimental Radio
Service rules. This action is needed to promote technical innovation
and new services by encouraging experiments, ensure that experimental
licenses do not result in abuse of the Commission's processes,
eliminate unnecessary and burdensome experimental regulations, and
protect public safety frequencies.
Summary of Issues Raised by the Public Comments in Response to the IRFA
17. No comments were filed in direct response to the IRFA. However,
in general comments to the Notice, some parties recommended
modifications to our proposals. Specifically, parties recommended
granting blanket experimental license for all related facilities,
allowing manufacturers to conduct experiments under blanket nationwide
licenses, and allowing experimental licensees to change emission
characteristics that do not exceed the maximum emissions envelope in
their existing authorizations without license modifications. We agree
that these recommendations will facilitate experimentation and increase
efficiency, and are adopting them.
Description and Estimate of Small Entities Subject to Which Rules Will
Apply
18. The RFA generally defines a ``small business'' to be the same
as a ``small business concern'' under the Small Business Act, 15 U.S.C.
632, unless the Commission has developed one or more definitions that
are appropriate to its activities.3 Under the SBA, a ``small
business concern'' is one that: (1) is independently owned and
operated; (2) is not dominant in its field of operation; and (3) meets
any individual criteria established by the Small Business
Administration (SBA).4
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\3\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 5 U.S.C. 632).
\4\ 15 U.S.C. 632.
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19. The Commission has not developed a definition of small entities
applicable to experimental licensees. Therefore, the applicable
definition of small entity is the definition under the Small Business
Administration (SBA) rules applicable to radiotelephone companies. SBA
has defined a small business for Standard Industrial Classification
(SIC) category 4812 (Radiotelephone Communications) to be small
entities when they have fewer than 1500 employees.5
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\5\ 13 CFR 121.201 Standard Industrial Classification (SIC) Code
4812.
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20. The Commission processes approximately 1,000 applications a
year for experimental radio operations. About half of these are
renewals and the
[[Page 64202]]
other half are for new licenses. The majority of experimental licenses
are issued to companies such as Motorola and Department of Defense
contractors such as Northrop, Lockheed and Martin Marietta. Businesses
such as these may have as many as 200 licenses at one time. The
majority of these applications, 70 percent, are from entities such as
these. Given this fact, the remaining 30 percent of applications, we
assume, for purposes of our evaluations in the FRFA, will be awarded to
small entities, as that term is defined by the SBA.
Projected Reporting, Recordkeeping and Other Compliance Requirements of
the Rules
21. Adoption of our proposals should decrease the regulatory burden
on all experimental license applicants, including small entities. For
example, we are permitting applicants the option of applying for a
five-year experimental license, in addition to maintaining the current
two-year license. We anticipate that a longer term license will reduce
the number of renewal applications, and thereby decrease the regulatory
burden. We are also removing an unnecessary requirement that STA
applicants hold experimental licenses, and are clarifying the STA
rules. We are also replacing existing Sections 5.55(a) and 5.55(b) of
our rules with a single provision that will allow an applicant to apply
for all of the stations in its experimental system, including fixed
stations and associated mobile units, on one experimental license
application; and similarly to modify Section 5.62 to permit the filing
of only a single application for multiple related experiments.
Additionally, this action increases the opportunities for students to
obtain experimental authorizations, remove requirements that certain
licensees notify the FCC's field offices prior to commencing
operations, and eliminates obsolete rules. These changes should have a
positive effect on small entities; however, we are unable to quantify
all potential effects on such entities.
Steps Taken To Minimize Significant Economic Impact on Small Entities
and Significant Alternatives Considered
22. We believe that our actions to revise our ERS rules will
eliminate unnecessary and burdensome regulations for small entities.
Section 303(g) of the Communications Act of 1934, as amended, charges
the Commission with encouraging the larger and more effective use of
radio in the public interest. We have considered the alternative of not
making the proposed revisions; however, we believe that would not serve
the public interest and would continue to place an unnecessary burden
on licensees.
Report to Congress
23. The Commission shall send a copy of this Final Regulatory
Flexibility Analysis, along with this Report and Order, in a report to
Congress pursuant to the Small Business Regulatory Enforcement Fairness
Act of 1996, 5 U.S.C. 801(a)(1)(A).
List of Subjects
47 CFR Part 5
Radio.
47 CFR Part 90
Communications equipment, Radio.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed in the preamble parts 5 and 90 of Title
47 of the Code of Federal Regulations are amended as follows:
1. The entire part 5 of Title 47 of the Code of Federal Regulations
is revised as follows:
PART 5--EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)
Subpart A--General
5.1 Basis and purpose.
5.3 Scope of service.
5.5 Definition of terms.
Subpart B--Applications and Licenses
5.51 Eligibility of license.
5.53 Station authorization required.
5.55 Filing of applications.
5.57 Who may sign applications.
5.59 Forms to be used.
5.61 Procedure for obtaining a special temporary authorization.
5.63 Supplementary statements required.
5.65 Defective applications.
5.67 Amendment or dismissal of applications.
5.69 Partial grants.
5.71 License period.
5.73 Experimental report.
5.75 Number of licenses required.
5.77 Change in equipment and emission characteristics.
5.79 Transfer and assignment of station authorization.
5.81 Discontinuance of station operation.
5.83 Cancellation provisions.
5.85 Frequencies and policy governing their assignment.
5.87 Frequencies for field strength surveys or equipment
demonstrations.
5.89 School and student authorizations.
5.91 Notification to the National Radio Astronomy Observatory.
5.93 Limited market studies.
Subpart C--Technical Standards and Operating Requirements
5.101 Frequency stability.
5.103 Types of emission.
5.105 Authorized bandwidth.
5.107 Transmitter control requirements.
5.109 Antenna and tower requirements.
5.111 General limitations on use.
5.113 Adherence to program of research.
5.115 Station identification.
5.117 Suspension of transmission required.
5.119 Posting station licenses.
5.121 Retention of station records.
5.123 Inspection of stations.
5.125 Authorized points of communication.
2. The authority citation for part 5 is revised to read as follows:
Authority: Secs. 4, 302, 303, 48 Stat. 1066, 1082, as amended;
47 U.S.C. 154, 302, 303. Interpret or apply sec. 301, 48 Stat. 1081,
as amended; 47 U.S.C. 301.
PART 5--EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)
Subpart A--General
Sec. 5.1 Basis and purpose.
(a) The rules following in this part are promulgated pursuant to
the provisions of Title III of the Communications Act of 1934, as
amended, which vests authority in the Federal Communications Commission
to regulate radio transmissions and to issue licenses for radio
stations.
(b) The purpose of this part is to prescribe the manner in which
parts of the radio frequency spectrum may be made available for
experimentation as defined and provided for in this part.
Sec. 5.3 Scope of service.
Stations operating in the Experimental Radio Service will be
permitted to conduct the following type of operations:
(a) Experimentations in scientific or technical radio research.
(b) Experimentations under contractual agreement with the United
States Government, or for export purposes.
(c) Communications essential to a research project.
(d) Technical demonstrations of equipment or techniques.
(e) Field strength surveys by persons not eligible for
authorization in any other service.
(f) Demonstration of equipment to prospective purchasers by persons
or state and local governmental subdivisions engaged in the business of
selling radio equipment.
(g) Testing of equipment in connection with production or
regulatory approval of such equipment.
(h) Development of radio technique, equipment or engineering data
not
[[Page 64203]]
related to an existing or proposed service, including field or factory
testing or calibration of equipment.
(i) Development of radio technique, equipment, operational data or
engineering data related to an existing or proposed radio service.
(j) Limited market studies.
(k) Types of experiments that are not specifically covered under
paragraphs (a) through (j) of this section will be considered upon
demonstration of need for such additional types of experiments.
Sec. 5.5 Definition of terms.
For the purpose of this part, the following definitions shall be
applicable. For other definitions, refer to part 2 of this chapter
(Frequency Allocations and Radio Treaty Matters; General Rules and
Regulations).
Authorized frequency. The frequency assigned to a station by the
Commission and specified in the instrument of authorization.
Authorized power. The power assigned to a radio station by the
Commission and specified in the instrument of authorization.
Experimental radio service. A service in which radio waves are
employed for purposes of experimentation in the radio art or for
purposes of providing essential communications for research projects
that could not be conducted without the benefit of such communications.
Experimental station. A station utilizing radio waves in
experiments with a view to the development of science or technique.
Fixed service. A radiocommunication service between specified fixed
points.
Fixed station. A station in the fixed service.
Harmful interference. Any radiation or induction that endangers the
functioning of a radionavigation or safety service, or obstructs or
repeatedly interrupts a radio service operating in accordance with the
Table of Frequency Allocations and other provisions of part 2 of this
chapter.
Landing area. As defined by 49 U.S.C. 40102(a)(28) of the Civil
Aeronautics Act of 1938, as amended, any locality, either of land or
water, including airdromes and intermediate landing fields, that is
used, or intended to be used, for the landing and take-off of aircraft,
whether or not facilities are provided for the shelter, servicing, or
repair of aircraft, or for receiving or discharging passengers or
cargo.
Land station. A station in the mobile service not intended for
operation while in motion.
Mobile service. A radiocommunication service between mobile and
land stations, or between mobile stations.
Mobile station. A station in a mobile service intended to be used
while in motion or during halts at unspecified points.
Person. An individual, partnership, association, joint stock
company, trust, or corporation.
Public correspondence. Any telecommunication that offices and
stations, by reason of their being at the disposal of the public, must
accept for transmission.
Radio service. An administrative subdivision of the field of
radiocommunication. In an engineering sense, the subdivisions may be
made according to the method of operation, as, for example, mobile
service and fixed service. In a regulatory sense, the subdivisions may
be descriptive of particular groups of licensees, as, for example, the
groups of persons licensed under this part.
Station authorization. Any license or special temporary
authorization issued by the Commission.
Subpart B--Applications and Licenses
Sec. 5.51 Eligibility of license.
(a) Authorizations for stations in the Experimental Radio Service
will be issued only to persons qualified to conduct experimentation
utilizing radio waves for scientific or technical operation data
directly related to a use of radio not provided by existing rules; or
for communications in connection with research projects when existing
communications facilities are inadequate.
(b) Applicants eligible for authorizations in an established
service, and seeking to develop operational data or techniques directed
toward the improvement or extension of that service shall file
applications and conduct such projects under the developmental rules of
the established service.
(c) A station license shall not be granted to or held by a foreign
government or a representative thereof.
Sec. 5.53 Station authorization required.
(a) No radio transmitter shall be operated in the Experimental
Radio Service except under and in accordance with a proper station
authorization granted by the Commission. However, construction of
proposed experimental satellite facilities may begin prior to
Commission grant of an authorization. Such construction will be
entirely at the applicant's risk and will not entitle the applicant to
any assurances that its proposed experiment will be subsequently
approved or regular services subsequently authorized. Additionally, the
applicant must notify the Commission's Office of Engineering and
Technology in writing that it plans to begin construction at its own
risk.
(b) Persons desiring to install and operate radio transmitting
equipment under this part should first submit an application for a
radio station license in accordance with Sec. 5.59 of this part.
(c) If installation and/or operation of the equipment may
significantly impact the environment, see Sec. 1.1307 of this chapter,
an environmental assessment as defined in Sec. 1.1311 of this chapter
must be submitted with the application.
Sec. 5.55 Filing of applications.
(a) To assure that necessary information is supplied in a
consistent manner by all persons, standard forms are prescribed for use
in connection with the majority of applications and reports submitted
for Commission consideration. Standard numbered forms applicable to the
Experimental Radio Service are discussed in Sec. 5.59 of this part, and
may be obtained by calling the FCC FORMS hotline, (202) 418-FORM. If no
standard form is applicable, the informal application procedure
outlined in Sec. 5.59(f) of this part should be followed.
(b) Any application for radio station authorization and all
correspondence relating thereto shall be submitted to the Commission's
Office of Engineering and Technology, Washington, DC 20554.
(Applications requiring fees as set forth in part 1, subpart G of this
chapter must be filed in accordance with Sec. 0.401(b) of this chapter.
(c) Each application for station authorization shall be specific
and complete with regard to station location, proposed equipment,
power, antenna height, and operating frequency; and other information
required by the application form and this part.
(d) Applications involving temporary operation: When an
experimental program is expected to last no more than six months, its
operation shall be considered temporary and the special temporary
authorization procedure outlined in Sec. 5.61 of this part shall apply.
Sec. 5.57 Who may sign applications.
(a) Except as provided in paragraph (b) of this section,
applications, amendments thereto, and related statements of fact
required by the Commission shall be personally signed by the applicant,
if the applicant is an individual; by one of the partners, if the
applicant is a partnership; by an officer or duly authorized employee,
if the
[[Page 64204]]
applicant is a corporation; or by a member who is an officer, if the
applicant is an unincorporated association. Applications, amendments,
and related statements of fact filed on behalf of eligible government
entities, such as states and territories of the United States and
political subdivisions thereof, the District of Columbia, and units of
local government, including incorporated municipalities, shall be
signed by such duly elected or appointed officials as may be competent
to do so under the laws of the applicable jurisdiction.
(b) Applications, amendments thereto, and related statements of
fact required by the Commission may be signed by the applicant's
attorney in case of the applicant's physical disability or of his/her
absence from the United States. The attorney shall in that event
separately set forth the reason why the application is not signed by
the applicant. In addition, if any matter is stated on the basis of the
attorney's belief only (rather than his/her knowledge), he/she shall
separately set forth reasons for believing that such statements are
true.
(c) Only the original of applications, amendments, or related
statements of fact need be signed; copies may be conformed.
(d) Applications, amendments, and related statements of fact need
not be submitted under oath. Willful false statements made therein,
however, are punishable by fine and imprisonment, U.S. Code, title 18,
Sec. 1001, and by appropriate administrative sanctions, including
revocation of station license pursuant to sec. 312(a)(1) of the
Communications Act of 1934, as amended.
(e) ``Signed,'' as used in this section, means an original
handwritten signature; however, the Office of Engineering and
Technology may allow signature by any symbol executed or adopted by the
applicant with the intent that such symbol be a signature, including
symbols formed by computer-generated electronic impulses.
Sec. 5.59 Forms to be used.
(a) Application for experimental radio license. Entities requesting
an experimental authorization must submit FCC Form 442 (application). A
single FCC Form 442 may be used for several radio components of an
experimental program, however, unrelated experimental programs should
be filed on separate applications.
(b) Application for modification of experimental license. An
application for modification of experimental authorization shall be
submitted on FCC Form 442. A blanket application may be submitted for
modification of a group of authorizations of the same class as long as
the scope of the modifications are specified in the application. The
individual authorizations covered by such an application shall be
clearly identified therein. However, application for modification to
change location of an experimental authorization shall be filed as a
separate application.
(c) Application for renewal of experimental authorization.
Application for renewal of station license shall be submitted on FCC
Form 405. A blanket application may be submitted for renewal of a group
of station licenses in the same class in those cases in which the
renewal requested is in exact accordance with the terms of the existing
authorizations. The individual stations covered by such applications
shall be clearly identified thereon. Unless otherwise directed by the
Commission, each application for renewal of license shall be filed at
least 60 days prior to the expiration date of the license to be
renewed.
(d) Application for consent to assign an experimental
authorization. Application on FCC Form 702 shall be submitted when the
legal right to construct or to control the use and operation of a
station is to be transferred as a result of a voluntary act (contract
or other agreement) or an involuntary act (death or legal disability)
of the grantee of a station authorization or by involuntary assignment
of the physical property constituting the station under a court decree
in bankruptcy proceedings, or other court order, or by operation of law
in any other manner. Such application must be accompanied by the FCC
Form 442 of which only the certification need be signed by the proposed
assignee. No other information is required to be submitted on this
form.
(e) Application for consent to transfer control of Corporation
holding experimental authorization. Application for consent to transfer
control shall be submitted on FCC Form 703 whenever it is proposed to
change the control of a corporation holding a station authorization.
(f) Informal application. (1) An application not submitted on a
standard form prescribed by the Commission is considered to be an
informal application. Each informal application shall be submitted
normally in letter form, and with the original signed in accordance
with Sec. 5.57 of this part. Each application shall be clear and
complete within itself as to the facts presented and the action
desired.
(2) An informal application for authority to operate transmitting
equipment will be accepted only under the conditions set forth for
special temporary authorizations in Sec. 5.61 of this part.
Sec. 5.61 Procedure for obtaining a special temporary authorization.
(a) The Commission may issue a special temporary authorization
under this part in cases in which a need is shown for operation of a
station for six months or less, provided such operation is not in
conflict with the Commission's rules in this part. In cases in which an
applicant sets forth compelling reasons why a special temporary
authorization must be granted expeditiously, preference will be given
to processing the application.
(b) Extensions of a special temporary authorization will be granted
provided that an application for a regular experimental license has
been filed at least 15 days prior to the expiration of the licensee's
temporary authority. When such an application is timely filed,
operations may continue in accordance with the other terms and
conditions of the temporary authority pending disposition of the
application, unless the applicant is notified otherwise by the
Commission.
(c) An application for special temporary authorization may be filed
as an informal application in the manner prescribed by Sec. 5.59(f) of
this part and shall contain the following information:
(1) Name, address, phone number (also e-mail address and facsimile
number, if available) of the applicant.
(2) Description of why an STA is needed.
(3) Description of the operation to be conducted and its purpose.
(4) Time and dates of proposed operation.
(5) Class(es) of station (fixed, mobile, fixed and mobile) and call
sign of station (if applicable).
(6) Description of the location(s) and geographical coordinates of
the proposed operation. Indication of which coordinate datum (NAD-27 or
NAD-83) applies.
(7) Equipment to be used, including name of manufacturer, model and
number of units.
(8) Frequency(ies) desired.
(9) Maximum effective radiated power (ERP).
(10) Emission designator (see Sec. 2.201 of this chapter) or
describe emission (bandwidth, modulation, etc.)
(11) Overall height of antenna structure above the ground (if
greater than 6 meters above the ground or an existing structure, see
Part 17 of this Chapter concerning notification to the FAA).
[[Page 64205]]
Sec. 5.63 Supplementary statements required.
(a) Each applicant for an authorization in the Experimental Radio
Service must enclose with the application a narrative statement
describing in detail the program of research and experimentation
proposed, the specific objectives sought to be accomplished; and how
the program of experimentation has a reasonable promise of contribution
to the development, extension, or expansion, or utilization of the
radio art, or is along lines not already investigated. An applicant may
request non-disclosure of proprietary information submitted under this
part. These requests should follow the procedures for submission set
forth in Sec. 0.459 of this chapter.
(b) If the authorization is to be used for the purpose of
fulfilling the requirements of a contract with an agency of the United
States Government, the applicant shall submit a narrative statement
describing the project, the name of the contracting agency, and the
contract number.
(c) If the authorization is to be used for the sole purpose of
developing equipment for exportation to be employed by stations under
the jurisdiction of a foreign government, the applicant shall submit a
narrative statement describing the project, any associated contract
number, and the name of the foreign government concerned.
(d) The provisions of paragraph (a) of this section shall not be
applicable to applications for an authorization in the Experimental
Radio Service to be used for communications essential to a research
project in which other means of communications are inadequate or not
available. In such cases, applicants shall include as part of the
application for an authorization the following:
(1) A description of the nature of the research project being
conducted.
(2) A showing that communications facilities are necessary for the
research project involved.
(3) A showing that existing communications facilities are
inadequate or unavailable.
Sec. 5.65 Defective applications.
(a) Applications that are defective with respect to completeness of
answers to required questions, execution or other matters of a purely
formal character may not be received for filing by the Commission, and
may be returned to the applicant with a brief statement as to the
omissions.
(b) If an applicant is requested by the Commission to file any
documents or information not included in the prescribed application
form, a failure to comply with such request will constitute a defect in
the application.
(c) Applications that are not in accordance with the Commission's
rules, regulations, or other requirements will be considered defective
unless accompanied either by:
(1) a petition to amend any rule, regulation, or requirement with
which the application is in conflict; or
(2) a request of the applicant for waiver of, or an exception to,
any rule, regulation, or requirement with which the application is in
conflict. Such request shall show the nature of the waiver or exception
desired and set forth the reasons in support thereof.
Sec. 5.67 Amendment or dismissal of applications.
(a) Any application may be amended or dismissed without prejudice
upon request of the applicant prior to the time the application is
granted. Each amendment to, or request for dismissal of an application
shall be signed, authenticated, and submitted in the same manner and
with the same number of copies as required for the original
application. All subsequent correspondence or other material that the
applicant desires to have incorporated as a part of an application
already filed shall be submitted in the form of an amendment to the
application.
(b) Failure to prosecute an application, or failure to respond to
official correspondence or request for additional information, will be
cause for dismissal. Such dismissal will be without prejudice.
Sec. 5.69 Partial grants.
In cases in which the Commission grants an application in part, or
with any privileges, terms, or conditions other than those requested,
or subject to any interference that may result to a station if
designated application or applications are subsequently granted, the
action of the Commission shall be considered as a grant of such
application unless the applicant shall, within 30 days from the date on
which such grant is made or from its effective date if a later date is
specified, file with the Commission a written request rejecting the
grant as made. Upon receipt of such request, the Commission will
coordinate with the applicant in an attempt to resolve problems arising
from the grant.
Sec. 5.71 License period.
(a) The regular license period for stations in the Experimental
Radio Service is either 2 or 5 years. An applicant desiring to apply
for a 5-year license must provide justification for its need for a
license of that duration. A license may be renewed upon an adequate
showing of need.
(b) A license will not be granted for a period longer than that
which is required for completion of the experimental project. If such
period is estimated to be less than 2 years, or between 2-5 years, a
statement to that effect by the applicant may facilitate grant of the
application. See also Sec. 5.69 of this part.
Sec. 5.73 Experimental report.
(a) Unless specifically stated as a condition of the authorization,
licensees are not required to file a report on the results of the
experimental program carried on under this subpart.
(b) The Commission may, as a condition of authorization, request
the licensee to forward periodic reports in order to evaluate the
progress of the experimental program.
(c) An applicant may request that the Commission withhold from the
public certain reports and associated material and the Commission will
do so unless the public interest requires otherwise. These requests
should follow the procedures for submission set forth in Sec. 0.459 of
this chapter.
Sec. 5.75 Number of licenses required.
An application for a station embracing widely divergent and
unrelated experimentations will normally require a separate license for
each experiment. However, if the experiments are related or conducted
by the same manufacturer, an applicant may apply for a blanket license
encompassing the entire experimental program. If a blanket license is
granted, licensees will be required to notify the Commission of the
specific details of each individual experiment, including location,
number of base and mobile units, power, emission designator, and any
other pertinent technical information not specified by the blanket
license.
Sec. 5.77 Change in equipment and emission characteristics.
(a) A change may be made in a licensed transmitter without specific
authorization from the Commission provided that the change does not
result in operations inconsistent with any term of the outstanding
authorization for the station involved.
(b) Discrete changes in emission characteristics may be made
without specific authorization from the Commission provided that the
Commission is given written notification demonstrating that such
changes will not exceed the maximum
[[Page 64206]]
emissions envelope established in the existing authorization. Changes
made pursuant to such notification that become a permanent part of the
licensee's experimental program must be listed in the licensee's next
application for renewal.
(c) Prior authorization from the Commission is required before the
following antenna changes may be made at a station at a fixed location:
(1) Any change that will either increase the height of a structure
supporting the radiating portion of the antenna or decrease the height
of a lighted antenna structure.
(2) Any change in the location of an antenna when such relocation
involves a change in the geographic coordinates of latitude or
longitude by as much as one second, or when such relocation involves a
change in street address.
Sec. 5.79 Transfer and assignment of station authorization.
A station authorization, the frequencies authorized to be used by
the grantee of such authorization, and the rights therein granted by
such authorization shall not be transferred, assigned, or in any manner
either voluntarily or involuntarily disposed of, unless the Commission
shall, after securing full information, decide that such a transfer is
in the public interest and give its consent in writing. Requests for
authority to transfer or assign a station authorization shall be
submitted on the forms prescribed by Sec. 5.59 of this part.
Sec. 5.81 Discontinuance of station operation.
In case of permanent discontinuance of operation of a fixed or land
station in the Experimental Radio Service, or in case of permanent
discontinuance of operation of all transmitter units listed in the
license for a mobile station in the Experimental Radio Service, the
licensee shall forward the station license to the Commission's Office
of Engineering and Technology for cancellation.
Sec. 5.83 Cancellation provisions.
The applicant for a station in the Experimental Radio Services
accepts the license with the express understanding: (a) that the
authority to use the frequency or frequencies assigned is granted upon
an experimental basis only and does not confer any right to conduct an
activity of a continuing nature; and
(b) that said grant is subject to change or cancellation by the
Commission at any time without hearing if in its discretion the need
for such action arises. However, a petition for reconsideration or
application for review may be filed to such Commission action.
Sec. 5.85 Frequencies and policy governing their assignment.
(a) Stations operating in the Experimental Radio Service may be
authorized to use any government or non-government frequency designated
in the Table of Frequency Allocations set forth in part 2 of this
chapter, provided that the need for the frequency requested is fully
justified by the applicant.
(b) Each frequency or band of frequencies available for assignment
to stations in the Experimental Radio Service is available on a shared
basis only, and will not be assigned for the exclusive use of any one
applicant, and such use may also be restricted to one or more specified
geographical areas. Not more than one frequency in a band of
frequencies will normally be assigned for the use of a single applicant
unless a showing is made demonstrating that need for the assignment of
additional frequencies is essential to the proposed program of
experimentation.
(c) Frequency assignments will be made only on the condition that
harmful interference will not be caused to any station operating in
accordance with the Table of Frequency Allocation of part 2 of this
chapter.
(d) Use of Public Safety Frequencies. Applicants in the
Experimental Radio Service must avoid use of public safety frequencies
except when a compelling showing can be made that use of such
frequencies is in the public interest. Public safety frequencies are
identified in subpart B (Public Safety Radio Services) and subpart C
(Special Emergency Radio Service) of part 90 of this Chapter. In
addition, subpart S of part 90 of this chapter contains rules for the
assignment of frequencies that may be used by Public Safety Radio
Services in the 806-824 MHz and 851-869 MHz bands. If an experimental
license to use public safety radio frequencies is granted, the
authorization will be conditioned to require coordination between the
experimental licensee and the appropriate frequency coordinator and/or
all of the public safety licensees in its intended area of operation.
(e) The Commission may, at its discretion, condition any
experimental license or STA on the requirement that before commencing
operation, the new licensee coordinate its proposed facility with other
licensees that may receive interference as a result of the new
licensee's operations.
(f) Protection of FCC monitoring stations. (1) Applicants are
advised to give consideration, prior to filing applications, to the
need to protect FCC monitoring stations from harmful interference.
Geographical coordinates of such stations are listed in Sec. 0.121(b)
of this chapter. Applications for stations (except mobile stations)
that will produce on any frequency a direct wave fundamental field
strength of greater than 10 mV/m in the authorized bandwidth of service
(-65.8 dBW/m 2 power flux density assuming a free space
characteristic impedance of 120 ohms) at the referenced
coordinates, may be examined to determine the extent of possible
interference. Depending on the theoretical field strength value or
other ambient radio field signal levels at the indicated coordinates, a
clause protecting the monitoring station may be added to the station
authorization.
(2) In the event that calculated value of expected field strength
exceeds 10 mV/m (-65.8 dBW/m 2) at the reference
coordinates, or if there is any question whether field strength levels
might exceed the threshold value, advance consultation with the FCC to
discuss any protection necessary should be considered. Prospective
applicants may communicate with the Technology Division, Compliance and
Information Bureau, telephone (202) 418-1210, Federal Communications
Commission, Washington, DC 20554.
(3) Advance consultation is suggested particularly for those
applicants who have no reliable data that indicates whether the field
strength or power flux density figure indicated would be exceeded by
their proposed radio facilities (except mobile stations). In such
instances, the following is a suggested guide for determining whether
an applicant should coordinate:
(i) All stations within 2.4 kilometers (1.5 statute miles);
(ii) Stations within 4.8 kilometers (3 statute miles) with 50 watts
or more average ERP in the primary plane of polarization in the
azimuthal direction of the Monitoring Station;
(iii) Stations within 16 kilometers (10 statute miles) with 1 kW or
more average ERP in the primary plane of polarization in the azimuthal
direction of the Monitoring Station;
(iv) Stations within 80 kilometers (50 statute miles) with 25 kW or
more average ERP in the primary plane of polarization in the azimuthal
direction of the Monitoring Station.
(4) Advance coordination for stations operating above 1000 MHz is
recommended only where the proposed station is in the vicinity of a
monitoring station designated as a satellite monitoring facility in
Sec. 0.121(c) of this
[[Page 64207]]
Chapter and also meets the criteria outlined in paragraphs (d) (2) and
(3) of this section.
(5) The Commission will not screen applications to determine
whether advance consultation has taken place. However, applicants are
advised that such consultation can avoid objections from the
Commission.
Sec. 5.87 Frequencies for field strength surveys or equipment
demonstrations.
(a) Authorizations issued under Secs. 5.3 (e) and (f) of this part
will normally not have specific frequencies designated in a station
license. Prior to the commencement of a survey or demonstration, the
licensee will request a specific frequency assignment and submit the
following information:
(1) Time, date and duration of survey.
(2) Frequency to be used.
(3) Location of transmitter and geographical area to be covered.
(4) Purpose of survey.
(5) Method and equipment to be used.
(6) Names and addresses of persons for whom the survey is
conducted.
(b) [Reserved]
Sec. 5.89 School and student authorizations.
The Commission may issue an authorization to schools or students
for the purpose of presenting experiments or technical demonstrations
for school or school approved projects that require the use of radio
for a limited period of time. Such authorizations may be granted at the
discretion of the Commission.
(a) An application for a school or student authorization may be
filed in letter form and must comply with the provisions of Sec. 5.63,
of this part except where specified below. The application must be
accompanied by a signed statement from a member of faculty of the
school, on appropriate letterhead, indicating the person under whose
general supervision the project will be conducted. In the case of
student authorizations, the letter must state that the project has the
approval of the school.
(b) Frequencies in the following bands are available for assignment
in authorizations issued under this section:
27.23-27.28 MHz.
460-461 MHz.
462.525-467.475 MHz.
2402-2483.5 MHz.
10.00-10.50 GHz.
(c) Operations under this section shall not exceed a peak envelope
output power of 4 watts. The Commission may authorize a greater power
if a satisfactory showing is made that such greater power is necessary
and that appropriate measures will be taken to prevent interference.
(d) The frequency of operation must be measured or checked prior to
each time of operation.
(e) Subject to the provisions of (b), (c) and (d), the provisions
in subpart C of this part are waived insofar as such provisions require
a station authorized under this section to observe the technical and
operating restrictions set forth therein.
(f) The licensee holding an authorization issued under this section
shall maintain a record of operation containing the following
information:
(1) A brief description of the experimentation being conducted.
(2) The date and time of each period of operation.
(3) The frequency of operation as measured or checked at the
beginning of each period of operation.
(g) The record of operation shall be retained for one month after
the termination of the authorization.
Sec. 5.91 Notification of the National Radio Astronomy Observatory.
In order to minimize possible harmful interference at the National
Radio Astronomy Observatory site located at Green Bank, Pocahontas
County, West Virginia, and at the Naval Radio Research Observatory site
at Sugar Grove, Pendleton County, West Virginia, any applicant for a
station authorization other than mobile, temporary base, temporary
fixed, Personal Radio, Civil Air Patrol, or Amateur seeking a station
license for a new station, or a construction permit to construct a new
station or to modify an existing station license in a manner that would
change either the frequency, power, antenna height or directivity, or
location of such a station within the area bounded by 39 deg. 15' N on
the north, 78 deg. 30' W on the east, 37 deg. 30' N on the south and 80
deg. 30' W on the west shall, at the time of filing such application
with the Commission, simultaneously notify the Director, National Radio
Astronomy Observatory, P.O. Box NZ2, Green Bank, West Virginia, 24944,
in writing, of the technical particulars of the proposed station. Such
notification shall include the geographical coordinates of the antenna,
antenna height, antenna directivity if any, frequency, type of
emission, and power. In addition, the applicant shall indicate in its
application to the Commission the date notification was made to the
Observatory. After receipt of such applications, the Commission will
allow a period of twenty (20) days for comments or objections in
response to the notifications indicated. If an objection to the
proposed operation is received during the twenty-day period from the
National Radio Astronomy Observatory for itself or on behalf of the
Naval Radio Research Observatory, the Commission will consider all
aspects of the problem and take whatever action is deemed appropriate.
Sec. 5.93 Limited market studies.
Unless otherwise stated in the instrument of authorization,
licenses granted for the purpose of limited market studies pursuant to
Sec. 5.3(j) of this part are subject to the following conditions:
(a) All transmitting and/or receiving equipment used in the study
shall be owned by the licensee.
(b) The licensee is responsible for informing anyone participating
in the experiment that the service or device is granted under an
experimental authorization and is strictly temporary.
(c) The size and scope of the experiment are subject to limitations
as the Commission shall establish on a case-by-case basis. If the
Commission subsequently determines that a market study is not so
limited, the study shall be immediately terminated.
Subpart C-- Technical Standards and Operating Requirements
Sec. 5.101 Frequency stability.
An applicant must propose to use a frequency tolerance that would
confine emissions within the band of operation, unless permission is
granted to use a greater frequency tolerance. Equipment is presumed to
operate over the temperature range -20 to +50 degrees celsius with an
input voltage variation of 85% to 115% of rated input voltage, unless
justification is presented to demonstrate otherwise.
Sec. 5.103 Types of emission.
Stations in the Experimental Radio Service may be authorized to use
any of the classifications of emissions covered in part 2 of this
chapter.
Sec. 5.105 Authorized bandwidth.
Each authorization issued to a station operating in this service
will show, as the prefix to the emission classification, a figure
specifying the maximum necessary bandwidth in kilohertz for the
emission used. The authorized bandwidth is considered to be the
occupied or necessary bandwidth, whichever is greater. This bandwidth
should be determined in accordance with Sec. 2.202 of this chapter.
Sec. 5.107 Transmitter control requirements.
Each licensee shall be responsible for maintaining control of the
transmitter authorized under its station authorization. This includes
both
[[Page 64208]]
ensuring that transmissions are in conformance with the operating
characteristics prescribed in the station authorization and that the
station is operated only by persons duly authorized by the licensee.
Sec. 5.109 Antenna and tower requirements.
(a) Applicants with fixed stations that use antennas that exceed 6
meters in height above the ground level or more than 6 meters in height
above an existing building must comply with the requirements of part 17
of this chapter.
(b) The licensee of any radio station that has an antenna structure
required to be painted and illuminated pursuant to the provisions of
section 303(q) of the Communications Act of 1934, as amended, and part
17 of this chapter, shall perform the inspections and maintain the
tower marking and lighting, and associated control equipment, in
accordance with the requirements of Secs. 17.43 through 17.57 of this
chapter.
Sec. 5.111 General limitations on use.
(a) The following transmission limitations are applicable to all
classes of stations in the Experimental Radio Service:
(1) Stations may make only such transmissions as are necessary and
directly related to the conduct of the licensee's stated program of
experimentation as specified in the application for license and the
related station instrument of authorization, and as governed by the
provisions of the rules and regulations contained in this part. All
transmissions shall be limited to the minimum practical transmission
time.
(2) When transmitting, the licensee must use every precaution to
ensure that the radio frequency energy emitted will not cause harmful
interference to the services carried on by stations operating in
accordance with the Table of Frequency Allocations of part 2 of this
chapter and, further, that the power radiated is reduced to the lowest
practical value consistent with the program of experimentation for
which the station authorization is granted. If harmful interference to
an established radio service develops, the licensee shall cease
transmissions and such transmissions shall not be resumed until it is
certain that harmful interference will not be caused.
(b) If experimental stations are to be used to retransmit signals
of any other station or to render any communications service to third
parties, a full disclosure of this must be made in the application for
license.
Sec. 5.113 Adherence to program of research.
(a) The program of experimentation as stated by an applicant in its
application for license or in the station instrument of authorization,
shall be substantially adhered to unless the licensee is authorized to
do otherwise by the Commission.
(b) Where some phases of the experimental program are not covered
by the general rules of the Commission or by the rules of this part,
the Commission may specify supplemental or additional requirements or
conditions in each case as deemed necessary in the public interest,
convenience, or necessity.
Sec. 5.115 Station identification.
Each class of station in the experimental services shall, unless
specifically exempted by the terms of the station authorization,
transmit its assigned call sign at the end of each complete
transmission: Provided, however, that the transmission of the call sign
at the end of each transmission is not required for projects requiring
continuous, frequent, or extended use of the transmitting apparatus,
if, during such periods and in connection with such use, the call sign
is transmitted at least once every thirty minutes. The station
identification shall be transmitted in clear voice or Morse code. All
digital encoding and digital modulation shall be disabled during
station identification.
Sec. 5.117 Suspension of transmission required.
The radiations of the transmitter shall be suspended immediately
upon detection or notification of a deviation from the technical
requirements of the station authorization until such deviation is
corrected, except for transmissions concerning the immediate safety of
life or property, in which case the transmissions shall be suspended as
soon as the emergency is terminated.
Sec. 5.119 Posting station licenses.
The current original authorization for each station shall be
retained as a permanent part of the station records but need not be
posted.
Sec. 5.121 Retention of station records.
Records required to be kept by this part shall be retained for a
period of at least one year.
Sec. 5.123 Inspection of stations.
All stations and records of stations in the Experimental Radio
Service shall be made available for inspection at any time while the
station is in operation or shall be made available for inspection upon
reasonable request of an authorized representative of the Commission.
Sec. 5.125 Authorized points of communication.
Generally, stations in the Experimental Radio Service may
communicate only with other stations licensed in the Experimental Radio
Service. Nevertheless, upon a satisfactory showing that the proposed
communications are essential to the conduct of the research project,
authority may be granted to communicate with stations in other services
and U.S. Government stations.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
3. The authority citation for part 90 continues to read as follows:
Authority: Secs. 4, 251-2, 303, 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 251-2, 303, 309 and 332, unless
otherwise noted.
4. Section 90.203 is amended by revising paragraph (a) introductory
text and by adding a new paragraph (l), to read as follows:
Sec. 90.203 Type acceptance required.
(a) Except as specified in paragraphs (b) and (k) of this section,
each transmitter utilized for operation under this part and each
transmitter marketed as set forth in Sec. 2.803 of part 2 of this
chapter must be of a type that is included in the Commission's current
Radio Equipment List as type accepted for use under this part; or, be
of a type that has been type accepted by the Commission for use under
this part in accordance with the procedures in paragraph (a)(2) of this
section.
* * * * *
(l) Ocean buoy and wildlife tracking transmitters operating in the
band 40.66-40.70 MHz or 216-220 MHz under the provisions of Sec. 90.248
of this part shall be authorized under the notification procedure
pursuant to subpart J of part 2 of this chapter.
5. A new Sec. 90.248 is added to read as follows:
Sec. 90.248 Wildlife and ocean buoy tracking.
(a) The frequency bands 40.66-40.70 MHz and 216-220 MHz may be used
for the tracking of, and the telemetry of scientific data from, ocean
buoys and animal wildlife.
(b) Transmitters operating under the provisions of this section are
not subject to the technical standards contained in Secs. 90.205-
90.217. In lieu thereof, the transmitters shall comply with the
provisions in this section.
[[Page 64209]]
(c) Classes of emission are limited to N0N, A1A, A2A, A2B, F1B,
J2B, F2A, F2B, and/or F8E.
(d) The authorized bandwidth shall not exceed 1 kHz.
(e) Frequency stability. (1) For transmitters operating in the
40.66-40.70 MHz frequency band, the frequency stability shall be
sufficient to ensure that, at the carrier frequency employed, the sum
of the authorized bandwidth plus the bandwidth required for frequency
stability are confined within this band.
(2) In the 216-220 MHz frequency band, transmitters shall employ a
minimum frequency stability of 0.005 percent (50 parts per million).
The carrier frequency shall be selected to ensure that the sum of the
authorized bandwidth plus the bandwidth required for frequency
stability are confined within this band.
(3) The frequency stability standards shall be met over a
temperature range of -30 deg. to +50 deg. centigrade at normal supply
voltage and for a variation in the primary supply voltage from 85% to
115% of the rated supply voltage at a temperature of +20 deg. C. For
battery operated equipment, the equipment tests shall be performed
using a new battery.
(f) The maximum peak transmitter output (carrier) power shall not
exceed 1 milliwatt for airborne wildlife applications, 10 milliwatts
for terrestrial wildlife applications or 100 milliwatts for ocean
buoys.
(g) Emissions appearing outside of the authorized bandwidth shall
be attenuated below the carrier power by at least 26 dB, following the
procedures specified in Sec. 90.210(m).
6. Section 90.259 is revised to read as follows:
Sec. 90.259 Assignment and use of frequencies in the bands 216-220 MHz
and 1427-1435 MHz.
Frequencies in the bands 216-220 MHz and 1427-1435 MHz may be
assigned to applicants under this part provided the bands are listed in
the individual radio service under which they establish eligibility.
Use of these bands is limited to telemetering purposes, except that the
216-220 MHz band may also be used for wildlife and ocean buoy tracking
operations pursuant to Sec. 90.248. All operation is secondary to
Federal Government operations, and operation in the 216-220 MHz band is
also secondary to the maritime mobile service and operation in the
1427-1429 MHz band is also secondary to the space operation service
(earth-to-space). Base stations authorized in these bands shall be used
to perform telecommand functions with associated mobile telemetering
stations. Base stations may also command actions by the vehicle itself,
but will not be authorized solely to perform this function. Airborne
use will not be authorized. Each application will be coordinated with
the Federal Government by the Federal Communications Commission and is
subject to such technical and operational limitations as may be imposed
by the government. Each application should include precise information
concerning emission characteristics, transmitter frequency deviation,
output power, type and directional characteristics, if any, of the
antenna, and the minimum necessary hours of operation.
[FR Doc. 98-30381 Filed 11-18-98; 8:45 am]
BILLING CODE 6712-01-P
