cation with prejudice, or revoked the license for a radio station in the Private Radio Services, the Commission will not consider a like or new application involving service of the same kind to substantially the same area by substantially the same applicant, its successor or assignee, or on behalf of or for the benefit of the original parties in interest, until after the lapse of 12 months from the effective date of the Commission's order. The Commission may, for good cause shown, waive the requirements of this section. [28 FR 12454, Nov. 22, 1963, as amended at 44 FR 39181, July 5, 1979] § 1.918 Amendment of applications. (a) Any amendment to an application shall be signed and submitted in the same manner and with the same number of copies as was the original application. (b) Any application may be amended as a matter of right prior to the grant of that application. However, an application which is substantially amended, as defined by §1.962(c), will be considered a newly filed application as of the date of the filing of the amendment. (c) An application to amend an application after it has been designated for hearing will be considered only upon written petition addressed to the hearing examiner and served upon the parties of record, and will be granted only for good cause shown. A petition which requests a substantial change or to change the applicant's position, or the issues, in a hearing, must be accompanied by a signed statement of a person with knowledge of the facts as to whether or not consideration has been promised to or received by the petitioner, directly or indirectly, in connection with the filing of such petition for amendment. If consideration has been promised, or received, the statement shall set forth in full detail all the relevant facts with sufficient itemization of the consideration to enable the examiner to determine to what extent, if any, that the consideration represents only the reasonable costs of prosecuting the petitioner's application. (d) A request to amend an application after it has been designated for random selection pursuant to §1.972 will be con sidered only upon written petition addressed to the Chief, Private Radio Bureau and will be granted only for good cause shown. A petition which requests a substantial change in the application or which affects the lottery probabilities of other applicants must be accompanied by a signed statement of a person with knowledge of the relevant facts and must specify with particularity why such change is necessary and whether or not consideration has been promised to or received by the petitioner, directly or indirectly, in connection with the filing of such petition for amendment. If consideration has been promised or received, the statement shall set forth all the relevant facts with sufficient detail to enable the Chief, Private Radio Bureau to determine whether and to what extent, if any, the consideration represents only the reasonable costs of prosecuting the petitioner's application. (e) The Commission (or the presiding officer, if the application has been designated for hearing) may, upon its own motion or upon motion of any party to a proceeding, order the applicant to amend the application so as to make the same more definite and certain, and may require an applicant to submit such documents and written statements of fact as in its judgment may be necessary. (Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308) [28 FR 12454, Nov. 22, 1963, as amended at 37 FR 13984, July 15, 1972; 48 FR 27201, June 13, 1983; 49 FR 30944, Aug. 2, 1984] APPLICATION FORMS AND PARTICULAR FILING REQUIREMENTS §1.921 Procedure for obtaining a radio station authorization and for commencement of operation. (a) Persons desiring to install and operate radio transmitting equipment should first submit an application for a radio station authorization in accordance with the rules for the particular service. A list of all application forms used by Private Radio Services Bureau is contained in §1.922. Each form contains appropriate instructions concerning the number of required copies, 341-180 0-93-7 where it may be filed, and the services in which it is intended to be used. (b) Each application shall include all information called for by the particular form on which the application is required to be filed unless the information called for is inapplicable, in which case that fact shall be indicated. (c) In some cases equipment and service tests are required before an authorized station may be placed in regular operation. Reference should be made to the specific service regarding these provisions. (Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308) [28 FR 12454, Nov. 22, 1963, as amended at 44 FR 39181, July 5, 1979] 402 Application for Microwave Station Authorization in the Safety and Special Radio Services. 402-10 Instructions for Completion of FCC Form 402. 402-A Annual Report of Licensees of Microwave and Other Fixed Stations When Such Facilities Are Used Cooperatively With Other Persons. 402-R Renewal Notice and Certification in the Private Operational-Fixed Microwave Radio Service. 404 Application for Aircraft Radio Station License. 404-A Temporary Aircraft Radio Station Operating Authority. 452-R Application for Renewal of Coast and Ground Services. 405-B License Expiration Notice and/or Renewal Application. 406 Application for Ground Station Authorization in the Aviation Services. 410 Registration of Canadian Radio Station Licensee and Application for Permit to Operate. 410-B Application for permit to operate a Canadian General Radio Station in the United States. 480 Application for Civil Air Patrol Radio Station Authorization. 503 Application for Land Radio Station License in the Maritime Services. 506 Application for Ship Radio Station License. 506-A Temporary Operating Authority, Ship Radio Station License and Restricted Radiotelephone Operator Permit. 525 Application for Disaster Communications Radio 572C Conditional Temporary Authorization to Operate a Part 90 Radio Station. 574 Application for Radio Station Authorization in the Private Land Mobile and General Mobile Radio Services. 574-A Supplementary Information for Trunked and Conventional Systems (806-821 MHz and 851-866 MHz bands). 574-B Private Fixed, Mobile, and Radiolocation Services Supplementary Information Form. Instructions for Completion of FCC Form 574. 574-R Application for Renewal of Radio Station License. 574-T Temporary Permit to operate a General Mobile Radio Service System. 702 Application for Consent to Assignment of Radio 714 Supplement to Application for New or Modified 820 Application for Exemption from Ship Radio Station Requirements. 845 Amateur Code Credit Certificate. 1046 Assignment of Authorization. (Secs. 4, 5, 303, 308, 48 Stat. 1066, 1068, 1082, 1084, as amended; 47 U.S.C. 154, 155, 303, 308; secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 307) [28 FR 12454, Nov. 22, 1963, as amended at 54 FR 50238, Dec. 5, 1990] EDITORIAL NOTE: For Federal Register citations affecting §1.922, see the List of CFR Sections Affected in the Finding Aids section of this volume. §1.923 Waiver of construction permit requirement. (a) A construction permit is not required for any station in the Private Radio Services. However, certain private radio facilities must be constructed within the time periods specified in Part 90. See, however, §1.1311(c). (b) Licensees must apply for modification of station license for any antenna change which would be inconsistent with the terms of the station authorization or for which notification is required to be given to the Federal Aviation Administration by that agency. Part 17 of this chapter described the notification criteria. [34 FR 9283, June 12, 1969, as amended at 48 FR 9271, Mar. 4, 1983] §1.924 Assignment or transfer of control, voluntary and involuntary. (a)(1) Radio station licenses are not transferable; however, except for those set forth in paragraph (a)(2) of this section, they may be assigned. Licenses may be assigned whenever there is a change of ownership of an authorized radio station, for example, if the radio communication equipment is sold with a business. The new owner must apply for assignment of the existing authorization in accordance with the rules under which the station is authorized. a (2) Licenses for stations in the Amateur, Aviation (aircraft), Personal, and Maritime (ship) Radio Services cannot be assigned. Whenever there is change of ownership of one of these latter stations, the new owner must apply for a new license. Upon receipt of the new license, the former license must be surrendered for cancellation. (b)(1) Application for consent to voluntary assignment of a license, or for consent to voluntary transfer of control of a corporation holding a license, must be filed with the Commission at least 60 days prior to the contemplated effective date of assignment or transfer of control. (2) The following application forms should be used: (1) FCC Form 574. For assignment of station authorization in services under Part 90 of this chapter, except as provided in subparagraph (ii). Attached thereto shall be an executed Form 1046 or a signed letter from proposed assignor stating the desire to assign the current authorization in accordance with the rules governing the particular radio service involved. Applications for consent to assign authorizations of stations operating in the 806–821 and 851866 MHz bands shall be accompanied by FCC Form 574-A. Applications for assignment of authorizations for stations operating on frequencies below 27.5 MHz shall be accompanied by FCC Form 574-B. (ii) FCC Form 402. For assignment of station authorizations in the Private Operational-Fixed Microwave Service (Part 94 of this chapter). Attached thereto shall be an executed Form 1046 or a signed letter from proposed assignor stating the assignor's desire to assign the current authorization in accordance with the rules governing the particular service involved. (iii) FCC Form 403. For assignment of ground station authorizations in the Aviation Services, except as provided in paragraph (b)(2)(ii) of this section. (iv) FCC Form 503. For assignment of coast station authorizations in the Maritme Services and Alaska-Public Fixed Stations. (v) [Reserved] (vi) FCC Form 703. For consent to transfer control of a corporation holding any type of license. (c)(1) In the event of the death or legal disability of a permittee or licensee, a member of a partnership, or a person directly or indirectly in control of a corporation which is a permittee or licensee, the Commission shall be notified in writing promptly of the occurrence of such death or legal disability. (2) Within 30 days after the occurrence of such death or legal disability (except in the case of a ship or amateur station), application shall be filed for consent to involuntary assignment of such permit or license, or for involuntary transfer of control of such corporation, to a person or entity legally qualified to succeed to the foregoing interests under the laws of the place having jurisdiction over the estate involved. The procedure and forms to be followed are the same as those specified in paragraph (b) of this section. (3) In the case of stations in the Amateur, Aviation (aircraft), Personal, and Maritime (ship) Radio Services, involuntary assignment of licenses will not be made; such licenses shall be surrendered for cancellation upon the death or legal disability of the licensee. (Sec. 310, 48 Stat. 1086, as amended; 47 U.S.C. 310) [28 FR 12454, Nov. 22, 1963, as amended at 31 FR 2600, Feb. 10, 1966; 36 FR 19439, Oct. 6, 1971; 36 FR 21679, Nov. 12, 1971; 42 FR 8327, Feb. 9, 1977; 44 FR 31651, June 1, 1979; 45 FR 55201, Aug. 19, 1980; 47 FR 57051, Dec. 22, 1982; 48 FR 8455, Mar. 1, 1983; 49 FR 30944, Aug. 2, 1984; 51 FR 2703, Jan. 21, 1986] §1.925 Application for special temporary authorization, temporary permit or temporary operating authority. (a) A licensee of or an applicant for a station in the Private Radio Services may file either a formal or informal application for a special temporary authority not to exceed 180 days for (1) operation of a new station or (2) operation of a licensed station in a manner which is beyond the scope of that au thorized by the existing license. (See §1.962(b)(5) and (f). The nature of the extraordinary circumstance which, in the opinion of the applicant justifies issuance of a special temporary authorization, must be fully described in the request. Information presently on file with the Commission may be included by reference, except the applications for special temporary authority under Part 90 must be clear and complete within themselves and shall not rely on any pending applications. Applications for special temporary authority must be filed at least 10 days prior to the proposed operation. Applications filed less than 10 days prior to the proposed operation date will be accepted only upon a showing of good cause. In situations involving the safety of life or property or where equipment has been damaged, a request for special temporary authority may be made by telephone or telegraph provided a properly signed application is filed within 10 days of such request. (b) [Reserved] (c) An applicant for an Aircraft Radio Station License may operate the radio station pending issuance of an Aircraft Radio Station License by the Commission for a period of 90 days under a temporary operating authority, evidenced by a properly executed certification made on FCC Form 404-A. (d) [Reserved] (e) Unless the FCC otherwise prescribes, an applicant already licensed in the Amateur Radio Service, upon successfully completing the amateur radio operator examination(s) required for a higher class, may operate his/her amateur radio station consistent with the rights and privileges of that higher class for a period of one year from the date of the most recently completed examination(s) for that operator class in accord with the provisions of §97.35. (f) An applicant for a Ship Radio station license may operate the radio station pending issuance of the ship station authorization by the Commission for a period of 90 days, under a temporary operating authority, evidenced by a properly executed certification made on FCC Form 506-A. (g) An applicant for a Business Radio station license utilizing an already authorized facility may operate the radio station for a period of 180 days, under a temporary permit, evidenced by a properly executed certification made on FCC Form 572, after the mailing of a formal application for station license together with evidence of frequency coordination, if required, to the Commission. The temporary operation of stations, other than mobile stations, within the Canadian coordination zone will be limited to stations with a maximum of 5 watts effective radiated power and a maximum antenna height of 20 feet (6.1 meters) above average terrain. (h) An applicant for a radio station license under Part 90, Subpart M, of this chapter to utilize an already existing Specialized Mobile Radio System (SMRS) facility or to utilize an already licensed transmitter may operate the radio station for a period of up to 180 days, under a temporary permit evidenced by a properly executed certification of FCC Form 572 after the mailing of a formal application for station license, provided that the antenna employed by the control station is a maximum of 20 feet (6.1 meters) above a man-made structure (other than an antenna tower) to which it is affixed. or (i) An applicant for an itinerant station license, an applicant for a new private land mobile radio station license in the frequency bands below 470 MHz and in the one-way paging 929-930 MHz band or an applicant seeking to modify acquire through assignment or transfer an existing station below 470 MHz or in the one-way paging 929-930 MHz band may operate the proposed station during the pendency of its application for a period of up to 180 days under a conditional permit. Conditional operations may commence upon the filing of a properly completed formal application that complies with § 90.127 if the application, when frequency coordination is required, is accompanied by evidence of frequency coordination in accordance with §§ 90.175 and 90.176. Operation under such a permit is evidenced by retaining with the station records the original conditional licensing 572C Certification Form containing the certifications that satisfy the provisions of § 90.159(b). (j) An applicant for a General Mobile Radio Service system license, sharing a multiple-licensed base station used as a mobile relay station, may operate the system for a period of 180 days, under a temporary permit, evidenced by a properly executed certification made on FCC Form 574-T, after mailing FCC Form 574 to the Commission. (Secs. 4(1), 303, Communications Act of 1934, as amended (47 U.S.C. 154(1) and 303); 47 CFR 1.429) [28 FR 12454, Nov. 22, 1963, as amended at 47 FR 56637, Dec. 20, 1982; 48 FR 4785, Feb. 3, 1983; 48 FR 24890, June 3, 1983; 48 FR 39072, Aug. 29, 1983; 48 FR 41770, Sept. 19, 1983; 48 FR 45658, Oct. 6, 1983; 49 FR 30312, July 30, 1984; 49 FR 37384, Sept. 24, 1984; 50 FR 37190, Sept. 12, 1985; 51 FR 31304, Sept. 2, 1986; 54 FR 50238, Dec. 5, 1989; 54 FR 51550, Dec. 15, 1989] §1.926 Application for renewal of li cense. (a) Application for renewal of a station license shall be submitted on the appropriate FCC Form indicated below: (1) Renewal of station or system authorizations in the Private Land Mobile Radio Services (part 90 of this chapter), the General Mobile Radio Service (part 95, subpart A of this chapter), and the Interactive Video and Date Service (part 95, subpart F of this chapter) shall be submitted on FCC Form 574-R when the licensee has received that Form in the mail from the Commission. If the licensee has not received the Commission-generated Form 574-R within sixty (60) days of expiration, application for renewal of station or system license shall be submitted on FCC Form 405-A. (2) Renewal of marine coast station authorizations (§80.19 of this chapter) and aviation ground station authorizations (§87.33 of this chapter) must be submitted on FCC Form 452-R. (3) Renewal of aircraft radio station authorizations and ship radio station authorizations shall be submitted on FCC Form 405-B. (4) Renewal of an amateur operator license or a combined amateur operator/station license shall be submitted on FCC Form 610. (5) Renewal of an amateur club, military recreation, or Radio Amateur Civil Emergency Service (RACES) station license shall be submitted on FCC Form 610-B. (6) Renewal of station authorizations the Private Operational-Fixed Microwave Service (Part 94 of this in chapter) shall be submitted on such form as the Commission may designate by public notice in accordance with the provisions of § 94.27(e) of this chapter. (b) All applications for renewal of license must be made during the license term and should be filed within 90 days but not later than 30 days prior to the end of the license term. In any case in which the licensee has, in accordance with the provisions of this chapter, made timely and sufficient application for renewal of license, no license with reference to any activity of a continuing nature shall expire until such application shall have been finally determined. (c) Reinstatement of an expired license in the Private Land Mobile Radio Services may be requested up to thirty (30) days after the expiration date using FCC Form 574, 574-R or 405-A. See §1.4. (Secs. 4, 5, 303, 307, 308, 48 Stat., as amended, 1066, 1068, 1082, 1083, 1084; 47 U.S.C. 154, 155, 303, 307, 308) [28 FR 12454, Nov. 22, 1963, as amended at 29 FR 3229, Mar. 11, 1964; 48 FR 36105, Aug. 9, 1983; 56 FR 64715, Dec. 12, 1991; 56 FR 65858, Dec. 19, 1991; 57 FR 8274, Mar. 9, 1992] $1.931 Requests for waiver of private radio rules. (a) All requests for waiver of the rules governing the Private Radio Services that require a fee (see §1.1102) shall be submitted to the Mellon Bank, Pittsburgh, Pennsylvania at the address set forth in §1.1102. Waiver requests that do not require a fee must be addressed to: Federal Communications Commission, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325-7245. Waiver requests attached to applications must be submitted in accordance with $0.401(b) of the rules. (b) Applicants requiring expeditious processing of their request for waiver shall clearly caption both their request for waiver and the envelope containing it with the words "WAIVER TIMELY ACTION REQUESTED.” (Sec. 4(1), Communications Act of 1934, as amended, 47 U.S.C. 154(1); 47 CFR 0.231) [49 FR 20291, May 14, 1984, as amended at 52 FR 10229, Mar. 31, 1987; 55 FR 19154, May 8, 1990; 56 FR 64715, Dec. 12, 1991] |