ative, such commission, either directly or through the general solicitor of the association, may suggest to the Federal Commission that the proceeding be made cooperative. If said Federal Commission accedes to such suggestion, it will notify the general solicitor of the association to that effect and thereupon the general solicitor shall proceed as is provided in such case when the invitation has been made by the Federal Commission without State commission suggestion. APPOINTMENT OF COOPERATING COMMISSIONERS BY THE PRESIDENT

In the appointment of any cooperating committee, the president of the association shall make appointments only from commissions of the States interested in the particular proceeding in which the committee is to serve. He shall exercise his best judgment to select cooperating commissioners who are especially qualified to serve upon cooperating committees by reason of their ability and fitness; and in no case shall he appoint a commissioner upon a cooperating committee until he shall have been advised by such commissioner that it will be practicable for him to attend the hearings in the proceeding in which the committee is to serve, including the arguments therein, and the cooperative conferences, which may be held following the submission of the proceeding, to an extent that will reasonably enable him to be informed upon the issues in the proceeding and to form a reasonable judgment in the matters to be determined.

TENURE OF COOPERATORS

(a) No State commissioner shall sit in a cooperative proceeding under this plan except a commissioner who has been selected by his commission to represent it in a proceeding involving eight States or less, or has been selected by the president of the association to sit in a case involving more than eight States, in the manner hereinbefore provided.

(b) A commissioner who has been selected, as hereinbefore provided, to serve as a member of a cooperating committee in any proceeding, shall without further appointment, and without regard to the duration of time involved, continue to serve in said proceeding until the final disposition thereof, including hearings and conferences after any order or reopening, provided that he shall continue to be a State commissioner.

(c) No member of a cooperating committee shall have any right or authority to designate another commissioner to serve in his place at any hearing or conference in any proceeding in which he has been appointed to serve.

(d) Should a vacancy occur upon any cooperating committee, in a proceeding involving more than eight States, by reason of the death of any cooperating commissioner, or of his ceasing to be a State commissioner, or of other inability to serve, it shall be the duty of the president of the association to

fill the vacancy by appointment, if, after communication with the chairman of the cooperating committee, it be deemed necessary to fill such vacancy.

(e) In the event of any such vacancy occurring upon a cooperating committee involving not more than eight States, the vacancy shall be filled by the commission from which the vacancy occurs.

COOPERATING

COMMITTEE TO DETERMINE RESPECTING ANY REPORT OF STATEMENT OF ITS ATTITUDE

(a) Whenever a cooperating committe shall have concluded its work, or shall deem such course advisable, the committee shall consider whether it is necessary and desirable to make a report to the interested State commissions, and, if it shall determine to make a report, it shall cause the same to be distributed through the secretary of the association, or through the general solicitor to all interested commissions.

(b) If a report of the Federal Commission will accompany any order to be made in said proceeding, the Federal Commission will state therein the concurrence or nonconcurrence of said cooperating committee in the decision or order of said Federal Commission. CONSTRUCTION HEREOF IN CERTAIN RESPECTS EXPRESSLY PROVIDED

It is understood and provided that no State or States shall be deprived of the right of participation and cooperation as herein before provided because of nonmembership in the association. With respect to any such State or States, all negotiations herein specified to be carried on between the Federal Commission and any officer of such association shall be conducted by the Federal Commission directly with the chairman of the commission of such State or States.

[28 F.R. 12462, Nov. 22, 1963, as amended at 29 F.R. 4801, Apr. 4, 1964]

APPENDIX B-INTERPRETATIONS OF FEE RULES

AND PROCEDURES

Implementation of the Commission's schedule of filing fees has resulted in a number of questions requiring interpretations of the rules and administrative procedures applicable to the fee schedule. In view of the fact that many of these interpretations should serve as useful guidance to the general public, periodic releases of such interpretations are being made. The questions and interpretations which have been released are set forth below. Further information relative to the fee schedule may be obtained by reference to the folder on fees maintained in the Broadcast and Docket Reference Room of the Commission's offices at Washington, D.C.

64-1. Question. An application is originally submitted before the effective date of the fees but is returned to the applicant as incomplete. If the corrected application is resubmitted after the effective date of the fee schedule, will the prescribed fee be required?

Interpretation. Applications which were originally submitted before the effective date of the fee schedule and returned for corrections etc., will not be required to be accompanied by the prescribed fee when resubmitted subsequent to the effective date of the fee schedule. However, if the resubmission is made on a new form, the original application must be enclosed to verify that the original application was submitted before the effective date of the fee schedule.

64-2. Question. Will refunds be made to the applicant or to the attorney, manufacturer, or other representative who might have submitted payment?

Interpretation. All refunds will be made payable to the applicant, irrespective of the fact that payment of the fee may have been received from an attorney, manufacturer, or other representative.

64-3. Question. Will applications receive a preliminary screening to determine whether the appropriate fee has been paid, or will this determination be made only after the application has awaited its turn in the processing line?

Interpretation. Applications will be screened upon receipt in the processing division to determine whether the appropriate fee has been paid. The application will not take its place on the processing line until the full amount of the prescribed fee has been paid.

64-4. Question. When will fee credit be accorded to an applicant?

Interpretation. Fee credit will be accorded only in those instances where the application is returned for additional information or corrections, e.g., the application is undated or unsigned, applicable questions are unanswered, inconsistency in spelling of names, necessary frequency coordination committee letter has been omitted, etc. (However, the fact that a fee credit will be allowed upon the resubmission of an application which has been returned as incomplete will not be construed to mean that the original application was accepted for filing.) No credit will be accorded an applicant whose application has been dismissed, e.g., the applicant is not eligible for a license in the service in which he has applied, or the applicant has requested dismissal. See 1.1103 (d) of the rules.

64-5. Question. An application for a radio license is returned to the applicant for correction after the fee has been paid. Applicant decides to abandon his application, and he either gives or sells his returned application bearing the fee payment stamp to a friend. The friend then applies for the same type of radio license enclosing the first applicant's returned application as credit towards the prescribed fee. Will the Commission accept this as payment?

Interpretation. The fee credit accorded to an applicant in connection with the resubmission of an application is a credit extended to the applicant of record and is not transferable to another party. Therefore, the

application bearing the fee payment stamp is not acceptable as payment in this instance, and the second applicant must submit the appropriate fee with his application.

64-6. Question. Who must pay the fee required to accompany applications in the Broadcast Services for assignment of license or transfer of control?

Interpretation. The rules require only that such applications be accompanied by the prescribed fee. The parties involved in the assignment or transfer must determine amongst themselves how the fee should be paid. If both parties to the application are exempt under 1.1111(b) of the rules, no fee will be required. However, where only one party may be exempt under § 1.1111(b), the application must be accompanied by the full amount of the prescribed fee.

64-7. Question. A licensee in the Industrial Radio services holds a license for a base mobile system in a particular area. He subsequently applies for an additional base station in the same area to communicate with the same mobile units. Commission procedures require that he also file one application for the existing base station and one for a license to cover the existing group of mobile units. Will the applicant be required to pay fees for each of the three applications which are required?

Interpretation. The applicant will be required to submit the prescribed fee with each of the three applications. By applying for an additional base station, the applicant is concurrently modifying his existing base station license and applying for a license to cover his group of mobile stations (where more than one base station serves a group of mobile stations, the mobile stations must be covered by a separate license).

64-8. Question. Will a fee be required to accompany an application to modify an aircraft station license to add crash beacon equipment?

Interpretation. Under §§ 1.1115(a) and 87.53 (a) of the Commission's rules, all applications for modification of an aircraft station license must be accompanied by the prescribed fee. However, under the Commission's rules, an initial application for an aircraft station license can include crash beacon equipment even though the applicant may not plan to install the beacon equipment at the time the license is issued. 64-9. Question. Will the holder of a Novice, Technician, or Conditional Class Amateur license who is required to appear for an additional examination pursuant to § 97.35 of the rules be required to pay a fee?

Interpretation. No fee will be required with respect to examinations held pursuant to § 97.35 of the rules because no application is involved. Furthermore, in no event will the holder of a Novice Class license be required to pay an application filing fee. See §§ 1.1115 (b) (6) and 97.55(b) of the rules, wherein Novice Class licensees are exempted from the payment of fees.

64-10. Question. Will fees be required for amendments to applications?

Interpretation. No fee will be required for an amendment to an application provided that the amendment does not constitute, in effect, a new application. However, if an application, as amended, would require a higher fee than originally paid, an amount equal to the difference must accompany the amendment. (E.g., an applicant files for a base mobile license in the Business Radio Service and pays the prescribed $10 fee. He then submits an amendment to his application to request, instead, an authorization for an operational fixed microwave radio station in the same radio service. Therefore, he must accompany his amendment with a $20 fee, the difference between the original fee paid and the $30 fee prescribed for applications for operational fixed microwave station authorizations.)

64-11. Question. When will an amendment be considered as a new application for purposes of the fee schedule?

Interpretation. In determining when an amendment will be considered a new application for purposes of the fee schedule, the following guide lines will be used:

a. In the Common Carrier Services and the Public Safety, Industrial, and Land Transportation Services, an amendment will be considered a new application if it changes the original application to another radio service, e.g., from the Rural Radio Service to the Domestic Public Land Mobile Radio Service, or from the Special Industrial Radio Service to the Business Radio Service.

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b. In the Citizens Radio Service, amendment will be considered a new application if it changes an application from either a Class B, C, or D station to an application for a Class A station, or, conversely, if it changes an application for a Class A station to an application for either a Class B, C, or D station. Amendments involving only changes between Class B, C, or D stations will not be considered as new applications and no fees will be required.

c. In the Aviation and Marine Radio Services, an amendment will be considered a new application if it changes the application to a different class station requiring a different application form.

d. In the Broadcast Services, an amendment to an application for renewal, assignment and/or transfer of control will be considered as a new application if it amounts to a major amendment as set forth in § 1.578(a) and (b) of the Commission's rules.

An amendment to a standard broadcast application will be considered as a new application if it requires the original application to receive a new file number pursuant to § 1.571 (j) of the Commission's rules.

An amendment to a television broadcast application will be considered as a new application if it effects a major change as defined in § 1.572(a)(1) of the Commission's rules.

An amendment to an FM broadcast appllcation will be considered as a new application if it effects a major change as defined in § 1.573 (a) (1) of the Commission's rules. 64-12. [Reserved]

64-13. Question. What fees will apply in the various services with respect to the filing of an application for additional time to construct a radio station?

Interpretation. Applications for additional time to construct a radio station fall within the category "all other applications" as used in the fee rules applicable to the Broadcast, Safety & Special, and Common Carrier Services, respectively. Thus, such applications must be accompanied by a fee of $10 in the Safety and Special and Common Carrier Services, and a fee of $30 in the Broadcast Services (under § 1.1111, no fee is required if the application is filed with respect to a television translator station).

for

64-14. Question. Applications filed Civil Air Patrol stations are exempt from the payment of fees under §§ 1.1115(b) (8) and 87.53 (b) of the rules. Does this exemption include applications filed in the Citizens Radio Service by Civil Air Patrol units?

Interpretation. The exemptions for Civil Air Patrol stations contained in §§ 1.1115(b) (8) and 87.53 (b) of the rules relate to applications filed for Civil Air Patrol stations under Subpart 0 of Part 87 of the rules, and do not relate to applications which might be filed by Civil Air Patrol units under other provisions of the Commission's rules. It should be emphasized that an exemption which is provided for a specific class of applicant filing in a particular service will not be accorded to that applicant if he should choose to apply in a service other than the one in which the exemption is provided.

64-15. Question. A Justice of the Peace applies for a Citizens license and requests that he be exempted from the payment of the prescribed fee because the license will be used in conjunction with his duties as a Justice of the Peace. Should a fee be required?

Interpretation. If the applicant is to be exempted, he must come within the provisions of §§ 1.1115(b) (2) and 95.23(b) which exempt applications filed in the Safety and Special Radio Services by governmental entities. To come within this exemption, a Justice of the Peace must show that the cost of his equipment, as well as any fee required, would be borne by the governmental entity from which he derives his authority, and that the station will be used solely in conjunction with his duties as a Justice of the Peace.

64-16. Question. Will an application filed in the Amateur Radio Service for a special call sign as well as for an initial license or the renewal of an existing license require the payment of two fees, or will the $20 fee for special call sign suffice for both requests? Interpretation. An application for Amateur special call sign is a separate and distinct request and the $20 fee prescribed

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will not cover an additional request for either an initial license or the renewal or modification of an existing license. In such cases both fees will be required. However, the $20 fee will cover the incidental modification of an existing license to indicate & new call sign.

64-17. Question. Are fees required to accompany applications filed for remote pickup base and mobile stations participating in the Emergency Broadcast System?

Interpretation.

Certain remote pickup base and mobile stations licensed in the Auxiliary Broadcast Services and participating in the Emergency Broadcast System are installed and operated by the applicant at the request and expense of the Office of Civil Defense, Department of Defense. Applicants for such stations would, therefore, be reimbursed by the Office of Civil Defense for any fees paid in obtaining authorization for the construction and operation of these stations. Accordingly, no fees are required if the station has been installed and operated at the request and expense of the Office of Civil Defense.

64-18. Question. Will a fee be required to accompany an application submitted by an amateur radio club located in a Veterans Administration Hospital?

Interpretation. If it may be shown that the amateur club is operated at the expense of the Veterans Administration, no fee will be required. An exemption from the payment of fees is provided in §§ 1.1115(b) (6) and 97.55(b) of the rules for applications filed for amateur stations under military auspices. In adopting these rules, the Commission stated that the charging of a fee for such applications would be inappropriate because the cost of establishing such stations, including the payment of any fees, is borne by the Armed Service involved. An amateur club operated at the expense of the Veterans Administration would, therefore, be so closely related to a military amateur club as to fall within the exemption provided in §§ 1.1115(b) (6) and 97.55(b).

64-19. [Reserved]

TYPE ACCEPTANCE

2.571

Type acceptance.

2.573 Limitation on type acceptance.

2.575 Withdrawal or refusal or type acceptance.

2.577 General information required for type

2.579

2.582

acceptance.

Measurement data required for type acceptance.

Measurement procedure for type aoceptance.

2.584 Identification and changes in type ac cepted equipment.

TECHNICAL INFORMATION FOR
APPLICATION REFERENCE

2.591 Submission of technical information for application reference.

2.593 Identification and changes in equip ment information filed for applica tion reference.

The following definitions are issued: Active satellite. An earth satellite carrying a station intended to transmit or re-transmit radiocommunication signals.

Aeronautical advisory station. An aeronautical station used for advisory and civil defense communications priImarily with private aircraft stations.

Aeronautical fixed service. A fixed service intended for the transmission of information relating to air navigation, preparation for and safety of flight.

Aeronautical fixed station. A station in the aeronautical fixed service.

Aeronautical mobile service. A mobile service between aeronautical stations and aircraft stations, or between aircraft sta. tions, in which survival craft stations may also participate.

Aeronautical multicom land station. An aeronautical station operating in the aeronautical multicom service.

Aeronautical multicom mobile station. A mobile station operating in the aeronautical multicom service.

Aeronautical multicom service. A mobile service not open to public correspondence, used to provide communications essential to conduct of activities

being performed by or directed from private aircraft.

Aeronautical radionavigation service. A radionavigation service intended for the benefit of aircraft.

Aeronautical search and rescue station. A land or mobile station in the aeronautical mobile service used for communication with aircraft and other aeronautical search and rescue stations pertaining to search and rescue activities with aircraft.

Aeronautical station. A land station in the aeronautical mobile service. In certain instances an aeronautical station may be placed on board a ship or an earth satellite.

Aeronautical telemetering land station. A telemetering land station used in the flight testing of manned or unmanned aircraft, missiles, or major components thereof.

Aeronautical telemetering mobile station. A telemetering mobile station used in the flight testing of manned or unmanned aircraft, missiles, or major components thereof.

Aeronautical utility land station. A land station located at airdrome control towers and used for control of ground vehicles and aircraft on the ground at airdromes.

Aeronautical utility mobile station. A mobile station used for communication, at airdromes, with the aeronautical utility land station, ground vehicles, and aircraft on the ground.

Aircarrier aircraft station. An aircraft station aboard an aircraft engaged in, or essential to, transportation of passengers or cargo for hire.

Aircraft station. A mobile station in the aeronautical mobile service on board an aircraft or an air-space vehicle.

Airdrome control station. An aeronautical station providing communication between an airdrome control tower and aircraft.

Amateur service. A service of selftraining, intercommunication and technical investigations carried on by amateurs, that is, by duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest.

Amateur station. A station in the amateur service.

Aural broadcast STL station. A fixed station utilizing telephony for the transmission of aural program material between a studio and the transmitter of a broadcasting station other than an