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80.405 Statutory provisions.

for example, part 2 is followed by part The following statutory provisions,

5, and $1.8 is followed by $1.10; in this among others, will be of interest to

case, parts 3 and 4 and $1.9 have been persons having business with the Com

reserved for future use. In numbering mission:

sections, the number before the period (a) The Federal Communications

is the part number; and the number Commission was created by the Com

after the period locates the section munications Act of 1934, 48 Stat. 1064,

within that part. Thus, for example, June 19, 1934, as amended, 47 U.S.C. 151–

$1.1 is the first section of part 1 and 609.

$5.1 is the first section in part 5. Ex(b) The Commission exercises author

cept in the case of accounting regulaity under the Submarine Cable Landing

tions (parts 31-35), the period should Act, 42 Stat. 8, May 27, 1921, 47 U.S.C.

not be read as a decimal point; thus, 34–39. See section 5 of Executive Order

$1.511 is not located between $1.51 and 10530, 19 FR 2709, May 10, 1954, as

$1.52 but at a much later point in the amended, 3 CFR 1965 ed., p. 463.

rules. In citing the Code of Federal (c) The Commission exercises author

Regulations, the citation, 47 CFR 5.1, ity under the Communications Sat

for example, is to $5.1 (in part 5) of ellite Act of 1962, 76 Stat. 419, August

Chapter I of Title 47 of the Code, and 31, 1962, 47 U.S.C. 701-744.

permits the exact location of that rule.

No citation to other rule units (e.g., (d) The Commission operates under

subpart or chapter) is needed. the Administrative Procedure Act, 60 Stat. 237, June 11, 1946, as amended,

(b) Contents. Parts 0-19 of the rules originally codified as 5 U.S.C. 1001-1011.

have been reserved for provisions of a Pursuant to Pub. L. 89-554, September

general nature. Parts 20-69 of this 6, 1966, 80 Stat. 378, the provisions of

chapter have been reserved for provithe Administrative Procedure Act now

sions pertaining to common carriers.

Parts 70–79 have been reserved for proappear as follows in the Code:

visions pertaining to broadcasting and Administrative Procedure

5 U.S.C.

cable television. Parts 80-99 of this

chapter have been reserved for proviSec. 2-6 551-558

sions pertaining to the Private Radio Sec. 10 701-706

Services. In the rules pertaining to Sec. 11 3105, 7521, 5362, 1305

common carriers, parts 21, 23, and 25 of Sec. 12 559

this chapter pertain to the use of radio; (32 FR 10570, July 19, 1967)

parts 31-66 of this chapter pertain pri

marily to telephone and telegraph 30.406 The rules and regulations.

companies. Persons having business Persons having business with the with the Commission will find it useful Commission should familiarize them- to consult one or more of the following selves with those portions of its rules parts containing provisions of a genand regulations pertinent to such busi- eral nature in addition to the rules of ness. All of the rules have been pub- the radio or wire communication servlished and are readily available. See ice in which they are interested: $80.411(b), 0.412, and 0.415. For the bene- (1) Part 0, Commission organization. fit of those who are not familiar with Part 0 describes the structure and functhe rules, there is set forth in this sec- tions of the Commission, lists delegation a brief description of their format tions of authority to the staff, and sets and contents.

forth information designed to assist (a) Format. The rules are set forth in those desiring to obtain information the Code of Federal Regulations as from, or to do business with, the ComChapter I of Title 47. Chapter I is di- mission. This part is designed, among vided into parts numbered from 0-99. other things, to meet certain of the reEach part, in turn, is divided into num- quirements of the Administrative Probered sections. To allow for the addi- cedure Act, as amended. tion of new parts and sections in log- (2) Part 1, practice and procedure. ical sequence, without extensive re- Subpart A of part 1 contains the gennumbering, parts and sections are not eral rules of practice and procedure. always numbered consecutively. Thus, Except as expressly provided to the

Act

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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 ap plicable 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 G 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.

(5) 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, Aug. 24, 1967; 37 FR 20553, Sept. 30, 1972; 52 FR 5288, Feb. 20, 1987; 58 FR 13021, Mar. 9, 1993)

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80.408 OMB control numbers assigned

pursuant to the Paperwork Reduc

tion 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 96-511. 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.

Current 47 CFR part or section where identified and

47 CFR part or section where identified and

described

OMB Condescribed

trol No.

1.65(c) 1.402 1.420 1.720-1.734 1.1107 1.1206 1.1307 1.1308 1.1311 1.1404 1.1408 1.1706 1.1709 2.948 2.955 15.7(a) 15.31(a) 15.117(9)(2)-(3) 15.201(d) 15.214(d)(3) 21.201 21.307 21.406 21.708 21.808 21.902 21.910 21.911 21.912 21.913 22.6(d) (2) 22.6(d)(3) 22.13(a)(1)(iv) 22.307 22.406 22.5010(12) 22.505 22.506 22.609(e) 22.903(b) 22.903(d)(3)(0) 22.903(0(1)

3060-0449 3060-0446 3060-0394 3060-0411 3060-0440 3060-0430 3060-0004 3060-0004 3060-0004 3060-0392 3060-0392 3060-0344 3060-0345 3060-0398 3060-0329 3060-0397 3060-0428 3060-0398 3060-0387 3060-0436 3060-0206 3060-0206 3060-0206 3060-0206 3060-0206 3060-0464 3060-0396 3060-0464 3060-0464 3060-0464 3060-0420 3060-0438 3060-0438 3060-0150 3060-0150 3060-0094 3060-0453 3060-0453 3060-0431 3060-0485 3060-0438 3060-0438

3060-0438 3060-0457 3060-0438 3060-0438 3060-0438 3060-0457 3060-0457 3060-0457 3060-0457 3060-0457 3060-0451 3060-0383 3060-0447 3060-0343 3060-0164 3060-0370 3060-0233 3060-0165 3060-0165 3060-0166 3060-0395 3060-0395 3060-0450 3060-0167 3060-0168 3060-0169 3060-0169 3060-0108 3060-0298 3060-0330 3060-0149 3060-0454 3060-0408 3060-0484 3060-0357 3060-0439 3060-0463 3060-0463 3060-0147 3060-0470 3060-0470 3060-0454 3060-0422 3060-0253 3060-0253 3060-0253 3060-0438 3060-0282 3060-0488 3060-0489 3060-0340 3060-0393 3060-0161 3060-0321 3060-0326 3060-0157 3060-0160 3060-0483 3060-0207 3060-0207 3060-0170 3060-0171 3060-0173 3060-0174 3060-0175 3060-0320 3060-0176 3060-0178 3060-0179 3060-0180 3060-0181 3060-0182

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73.1620(g) 73.1635 73.1680 73.1690 73.1740 73.1820 73.1870 73.1920 73.1930 73.1940 73.1942 73.1943 73.2080 73.3523 73.3525 73.3526 73.3527 73.3538 73.3544 73.3560 73.3588 73.3589 73.3594 73.3613 7421 74.433 74.452 74.537 74.551 74.604 74.633 74.651 74.703 74.751 74.781 74.784 74.833 74.902 74.903 74.913 74.931 74.985(a) 74.985(b), (c), & (g) 74.966 74.990 74.991 74.992 74.1251 74.1263 74.1281 74.1283 74.1284 76.12 76.29 76.33 76.54 76.73 76.75 76.79 76.94 76.155 76.157 76.159 76.206 76.207 76.209 76.221 76.305 76.601 76.607 76.614 76.615

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Current OMB Control No.

47 CFR part or section where identified and

described

78.11
78.27
78.33
78.69
80.29
80.59
80.227
80.302
80.361
80.401
80.409(c)
80.409(d)-e)
80.413
80.503
80.605
80.868
87.31
87.37
87.103
90.16
90.1900(7)
90.38(b)
90.41(b)
90.49(b)
90.129(b)
90.131(b)
90.135 (d) and (e)
90.145
90.151
90.155(b)
90.176
90.177
90.179
90-215
90.239(d)
90.263
90.443
90.477
90.505
90.517
90.607 (b)(1) and (c)(1)
90.621(b)(4)
90.629(a)
90.633 (0) and (g)
90.651
90.658
90.713
94.17
94.25 (0-9), and (0)
94.27(a)(6)
94.31
94.43
94.45
94.51
94.107
94.113

3060-0471 3060-0386 3060-0341 3060-0374 3060-0184 3060-0126 3060-0208 3060-0209 3060-0210 3060-0211 3060-0502 3060-0211 3060-0212 3060-0427 3060-0213 3060-0214 3060-0215 3060-0216 3060-0190 3060-0188 3060-0423 3060-0452 3060-0187 3060-0185 3060-0194 3060-0254 3060-0246 3060-0245 3060-0243 3060-0242 3060-0241 3080-0240 3060-0236 3060-0248 3060-0249 3060-0250 3060-0251 3060-0490 3060-0464 3060-0425 3060-0464 3060-0464 3060-0465 3060-0493 3060-0494 3060-0491 3060-0492 3060-0473 3060-0474 3060-0309 3060-0466 3060-0342 3060-0310 3060-0024 3060-0416 3060-0311 3060-0349 3060-0349 3060-0348 3060-0419 3060-0419 3060-0419 3060-0419 3060-0501 3060-0313 3060-0314 3060-0315 3060-0316 3060-0289 3060-0500 3060-0332 3060-0331

97.5 ....

97.9 97213 97.311 97.523 97.527

(c)

Description of miscellaneous information cot Current ONB lections

Control No. Tariff Review Plan

3060-0400 Terrain Shielding Policy

3060-0414 Informational tariffs by operator service providers

3060-0478

(c)

deavor to keep the public advised of reContinued

visions to its forms, but cannot assume

responsibility to the extent of elimiDescription of miscellaneous information col- Current OMB lections

Control No.

nating any element of risk against the

use of obsolete forms. Document index terms (for Records Imaging

(b) These guidelines do not apply to Processing System (RIPS))

3060-0486 ARMIS operating data report

3060-0496

forms which respondents may wish to

reproduce as completed facsimiles on (Sec. 4(1), Communications Act of 1934, as

automated equipment to satisfy appliamended; 47 CFR 0.231(d))

cation or report requirements. Re

quests for permission to submit such [49 FR 18306, Apr. 30, 1984, as amended at 50

forms to the Commission should be adFR 9632, Mar. 11, 1985; 51 FR 12157, Apr. 9,

dressed to the Office of Managing Di1986; 51 FR 34619, Sept. 30, 1986; 52 FR 35918,

rector. Sept. 24, 1987; 53 FR 5184, Feb. 22, 1988; 53 FR 6916, Mar. 3, 1988; 54 FR 3038, Jan. 23, 1989; 54 (53 FR 27861, July 25, 1988) FR 35650, Aug. 29, 1989; 55 FR 39277, Sept. 26, 1990; 56 FR 49417, Sept. 30, 1991; 57 FR 45747,

PRINTED PUBLICATIONS Oct. 5, 1992)

30.411 General reference materials. $0.409 Commission policy on private printing of FCC forms.

The following reference materials are

available in many libraries and may be The Commission has established a

purchased from the Superintendent of policy regarding the printing of blank Documents, U.S. Government Printing FCC forms by private companies if Office, Washington, D.C. 20402: they elect to do so as a matter of expe- (a) Statutory materials. Laws pertaindiency and convenience to their clients ing to communications are contained or consumers. The policy is as follows:

in Title 47 of the United States Code. (a) Blank FCC forms may be repro- Laws enacted since the printing of the duced by private companies at their last supplement to the Code are printed own expense provided the following individually as slip laws, and these are conditions are met:

compiled chronologically in the United (1) Use a printing process resulting in States Statutes at Large. The Acts of a product that is at least comparable Congress from 1910-62 pertaining to in quality to the original document, radio have been compiled in a single without change to the page size, image volume, Radio Laws of the United size, configuration of pages, folds or States (1962 ed.). See &$0.405 and 0.414. perforations, and matching as closely (b) Regulatory materials—(1) The Code as possible the paper weight, paper of Federal Regulations. The rules and color and ink color.

regulations of the Commission are con(2) Delete in its entirety any and all tained in Chapter I of Title 47 of the U.S. Government Printing Office (GPO) Code of Federal Regulations. Chapter I indicia that may appear in the is divided into the following four submargin(s).

chapters, which may be purchased sep(3) If the printer wishes to identify a arately: Subchapter A-General; Subforeign country in which the forms are chapter B-Common Carrier Services; printed, a marginal notation must be

Subchapter C—Broadcast Radio Servadded stating “No U.S. Government ices; and Subchapter D-Private Radio funds were used to print this docu- Services. Most persons will find that ment."

they need Subchapter A, containing (4) Do not add to the form any other the general rules, and one of the other symbol, word or phrase that might be volumes, depending upon their area of construed as personalizing the form or interest. These four volumes are readvertising on it.

vised annually to reflect changes in the (5) Except as specified above, do not rules. See $80.406, 0.412, and 0.415. The delete from or add to any part of the Code of Federal Regulations is fully inform, or attach anything thereto. dexed and contains numerous finding

(6) Assure that the form being repro- aids. See 1 CFR Appendix C. duced is an edition currently accept- (b)(2) The Federal Register. As rules able by the Commission, which will en- are adopted, amended, or repealed, the

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