Revision of the Experimental Radio Service Regulations

Federal RegisterNov 19, 1998

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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.

(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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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]]

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.