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§ 0.405 Statutory provisions.

The following statutory provisions, among1 others, will be of interest to persons having' business with the Commission:

(a) The Federal Communications Commission was created by the Communications Act Of 1934, 48 Stat. 1064, June 19, 1934, as amended, 47 U.S.C. 151609.

(b) The Commission exercises authority under the Submarine Cable Landing Act. 42 Stat. 8, May 27, 1921, 47 U.S.C. 34-39. See section 5 of Executive Order 10530, 19 FR 2709. May 10. 1954, as amended, 3 CFR 1965 ed.. p. 463.

(c) The Commission exercises authority under the Communications Satellite Act of 1962, 76 Stat. 419, August 31, 1962, 47 U.S.C. 701-744.

(d) The Commission operates under the Administrative Procedure Act, 60 Stat. 237, June 11, 1946, as amended, originally codified as 5 U.S.C. 1001-1011. Pursuant to Pub. L. 89-554, September 6, 1966, 80 Stat. 378, the provisions of the Administrative Procedure Act now appear as follows In the Code:

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[32 FR 10670. July 19.1967]

5 0.406 The rule* and regulations.

Persons having business with the Commission should familiarize themselves with those portions of its rules and regulations pertinent to such business. All of the rules have been published and are readily available. See §§0.41 Kb). 0.412, and 0.415. For the benefit of those who are not familiar with the rules, there is set forth in this section a brief description of their format and contents.

(a) Format. The rules are set forth in the Code of Federal Regulations as Chapter I of Title 47. Chapter I Is divided into parts numbered from 0-09. Each part, in turn, is divided into numbered sections. To allow for the addition of new parts and sections In logical sequence, without extensive renumbering, parts and sections are not always numbered consecutively. Thus,

for example, part 2 is followed by part 5, and §1.8 is followed by §1.10; In this case, parts 3 and 4 and §1.9 have been reserved for future use. In numbering sections, the number before the period is the part number; and the number after the period locates the section within that part. Thus, for example, §1.1 Is the first section of part 1 and §5.1 is the first section in part 5. Except in the case of accounting regulations (parts 31-35), the period should not be read as a decimal point; thus, §1.511 is not located between §1.51 and §1.52 but at a much later point in the rules. In citing the Code of Federal Regulations, the citation, 47 CFR 5.1. for example, is to §5.1 (in part 5) of Chapter I of Title 47 of the Code, and permits the exact location of that rule. No citation to other rule units (e.g.. subpart or chapter) is needed.

(b) Contents. Parts 0-19 of the rules have been reserved for provisions of a general nature. Parts 20-69 of this chapter have been reserved for provisions pertaining to common carriers. Parts 70-79 have been reserved for provisions pertaining to broadcasting and cable television. Parts 80-99 of this chapter have been reserved for provisions pertaining to the Private Radio Services. In the rules pertaining to common carriers, parts 21, 23, and 25 of this chapter pertain to the use of radio; parts 31-66 of this chapter pertain primarily to telephone and telegraph companies. Persons having business with the Commission will find it useful to consult one or more of the following parts containing provisions of a general nature in addition to the rules of the radio or wire communication service in which they are interested:

(1) Part 0, Commission organization. Part 0 describes the structure and functions of the Commission, lists delegations of authority to the staff, and sets forth information designed to assist those desiring to obtain information from, or to do business with, the Commission. This part is designed, among other things, to meet certain of the requirements of the Administrative Procedure Act, as amended.

(2) Part 1, practice and procedure. Subpart A of part 1 contains the general rules of practice and procedure. Except as expressly provided to the contrary, these rules are applicable In all Commission proceedings and should be of Interest to all persons having business with the Commission. Part 1 also contains certain other miscellaneous provisions. Subpart B contains the procedures applicable in formal hearing proceedings (see §1.201). Subpart C contains the procedures followed in making or revising the rules or regulations. Subpart D contains rules applicable to applications for licenses in the Broadcast Radio Services, Including the forms to be used, the filing requirements, the procedures for processing and acting on such applications, and certain other matters, subpart E contains general rules and procedures applicable to common carriers. Additional procedures applicable to certain common carriers by radio are set forth In part 21. Subpart F contains rules applicable to applications for licenses in the Private Radio Services, including the forms to be used, the filing requirements, the procedures for processing and acting on such applications, and certain other matters. Subpart O contains rules pertaining to the application processing fees established by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Pub. L. 99-272). Subpart H. concerning ex parte presentations, sets forth standards governing communications with Commission personnel in hearing proceedings and contested application proceedings. Subparts G and H will be of interest to all applicants, and subpart H will, in addition, be of interest to all persons involved in hearing proceedings.

(3) Part 2, frequency allocations and radio treaty matters; general rules and regulations. Part 2 will be of interest to all persons interested in the use of radio. It contains definitions of technical terms used in the rules and regulations; provisions governing the allocation of radio frequencies among the numerous uses made of radio (e.g., broadcasting, land mobile) and radio services (e.g., television, public safety), Including the Table of Frequency Allocaions (|2.106); technical provisions dealing with emissions; provisions dealing with call signs and emergency communications; provisions governing type acceptance and type approval of radio equipment; and a list of

treaties and other International agreements pertaining to the use of radio.

(4) Part 5. experimental radio services (other than broadcast). Part 5 deals with the temporary use of radio frequencies for research In the radio art, for communication involving other research projects, and for the development of equipment, data, or techniques.

(6) Part 13. commercial radio operators. Part 13 describes the procedures to be followed in applying for a commercial operator license, including the forms to be used and the examinations given, and sets forth rules governing licensed operators. It will be of Interest to applicants for such licenses, licensed operators, and the licensees of radio stations which may be operated only by persons holding a commercial radio operator license.

(6) Part 15, radio frequency devices. Part 15 contains regulations designed to prevent harmful interference to radio communication from radio receivers and other devices which radiate radio frequency energy, and provides for the certification of radio receivers. It also provides for the certification of low power transmitters and for the operation of certificated transmitters without a license.

(7) Part 17, construction, marking, and lighting of antenna structures. Part 17 contains criteria for determining whether applications for radio towers require notification of proposed construction to the Federal Aviation Administration, and specifications for obstruction marking and lighting of antenna structures.

(8) Part 18, industrial, scientific and medical equipment. Part 18 contains regulations designed to prevent harmful interference to radio communication from ultrasonic equipment, industrial heating equipment, medical diathermy equipment, radio frequency stabilized arc welders, and other equipment which uses radio energy for purposes other than communication.

(9) Part 19, employee responsibilities and conduct. Part 19 prescribes standards of conduct for the members and staff of the Commission.

[32 FR 10571. July 19, 1967. as amended at 32 FR 12180. Auk. 24. 1967; 37 FR 20663. Sept. 30. 1972; 52 FR 5288. Feb. 20. 1987; 58 FR 13021. Mar. 9.1993)


50.408 OMB control numbers assigned pursuant to the Paperwork Reduction Act

(a) Purpose. This section collects and displays the control numbers assigned to information collection requirements of the Commission by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980, Public Law 96-611. The Commission intends that this section comply with the requirements of section 3507(f) of the Paperwork Reduction Act, which requires that agencies display a current control number assigned by the Director of the Office of Management and Budget ("OMB") for each agency information collection requirement. OMB control numbers assigned to Commission forms are not listed in this section since those numbers appear on the forms.

(b) Display.

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3060-0400 3060-0414



Description of miscellaneous information col- Cun-ent OMB

lections Control No.

Document index terms (for Records Imaging

Processing System (RIPS)) 3060-0486

ARMIS operating data report 3060-0496

(S«c. 4(1), Communications Act of 1934. as amended; 47 CFR 0.231(d))

[49 FR 18306. Apr. 30. 1984, as amended at 50 FR 9632, Mar. 11. 1985; 51 FR 12157. Apr. 9, 1986; 51 FR 34619. Sept. 30. 1986; 52 FR 35818. Sept. 24. 1987; 53 FR 5184. Feb. 22. 1988; 53 FR 6916. Mar. 3, 1988; 54 FR 3088. Jan. 23, 1989: 54 FR 35650. Aug. 29. 1989; 56 FR 39277. Sept. 26. 1990; 56 FR 49417. Sept. 30. 1991; 57 FR 45747, Oct. 5, 1992]

{0.409 Commission policy on private printing of FCC forms.

The Commission has established a policy regarding the printing: of blank FCC forms by private companies if they elect to do so as a matter of expediency and convenience to their clients or consumers. The policy is as follows:

(a) Blank FCC forms may be reproduced by private companies at their own expense provided the following conditions are met:

(1) Use a printing process resulting in a product that is at least comparable in quality to the original document, without change to the page size, image size, configuration of pages, folds or perforations, and matching as closely as possible the paper weight, paper color and ink color.

(2) Delete in its entirety any and all U.S. Government Printing Office (GPO) indicia that may appear in the margin(s).

(3) If the printer wishes to Identify a foreign country in which the forms are printed, a marginal notation must be added stating "No U.S. Government funds were used to print this document."

(4) Do not add to the form any other symbol, word or phrase that might be construed as personalizing the form or advertising on it.

(5) hxccpt as specified above, do not delete from or add to any part of the form, or attach anything thereto.

(6) Assure that the form being reproduced Is an edition currently acceptable by the Commission, which will en

deavor to keep the public advised of revisions to its forms, but cannot assume responsibility to the extent of eliminating any element of risk against the use of obsolete forms.

(b) These guidelines do not apply to forms which respondents may wish to reproduce as completed facsimiles on automated equipment to satisfy application or report requirements. Requests for permission to submit such forms to the Commission should be addressed to the Office of Managing Director.

[53 FR 27861. July 25. 1988]

Printed Publications

$0.411 General reference materials.

The following reference materials are available in many libraries and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402:

(a) Statutory materials. Laws pertaining to communications are contained in Title 47 of the United States Code. Laws enacted since the printing of the last supplement to the Code are printed individually as slip laws, and these are compiled chronologically in the United States Statutes at Large. The Acts of Congress from 1910-62 pertaining to radio have been compiled in a single volume. Radio Laws of the United States (1962 ed.). See §§0.405 and 0.414.

(b) Regulatory materials—(1) The Code of Federal Regulations. The rules and regulations of the Commission are contained in Chapter I of Title 47 of the Code of Federal Regulations. Chapter I is divided into the following four subchapters, which may be purchased separately: Subchapter A—General; Subchapter B—Common Carrier Services; Subchapter C—Broadcast Radio Services; and Subchapter D—Private Radio Services. Most persons will find that they need Subchapter A, containing the general rules, and one of the other volumes, depending upon their area of interest. These four volumes are revised annually to reflect changes in the rules. See §$0.406, 0.412, and 0.415. The Code of Federal Regulations is fully indexed and contains numerous finding aids. See 1 CFR Appendix C.

(b)(2) The Federal Register. As rules are adopted, amended, or repealed, the

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