radio stage, and frequency tolerance that can be maintained if these elements are involved;

(8) The date(s) and time(s) of the proposed operation;

(9) Complete particulars concerning purpose, nature, and location of proposed operation;

(10) Explanation of the need for special temporary authority in lieu of normal type of authorization.

(11) Description of antenna to be used, including height.

(e) Each application for special temporary authority submitted by an applicant who does not hold a valid station authorization issued by the Commission, or has not already filed formal application therefor, shall, in addition to the information required under paragraph (c) of this section, contain such factual statements as may be necessary for the Commission to determine whether or not the granting of the desired authorization will be in accordance with the citizenship eligibility requirements of section 310 of the Communications Act.

[28 F.R. 13967, Dec. 21, 1963, as amended at 29 F.R. 5798, May 1, 1964; 30 F.R. 12779, Oct. 7, 1965] § 81.42

Applications for consent to assignment of construction permit or station license or for consent to transfer of control of corporation holding

same.

(a) Voluntary. (1) Application for consent to voluntary assignment of a construction permit or license covering a station subject to this part, other than fixed stations using frequencies above 952 Mc/s, shall be filed with the Commission on FCC Form 702, "Application for Consent to Assignment of Radio Station Construction Permit or License"; fixed stations using frequencies above 952 Mc/s shall use FCC Form 402, "Application for Microwave Station Authorization in the Safety and Special Radio Services", for this purpose.

(2) Application for consent to voluntary transfer of control of a corporation holding a construction permit or license covering a station subject to this part shall be filed on FCC Form 703, "Application for Consent to Transfer of Control of Corporation Holding Construction Permit or Station License". The applications specified herein shall be filed at least 60 days prior to the contemplated effective date of assignment or transfer of control.

(b) Involuntary. In the event of the death or legal disability of a permittee or licensee, or a member of a partnership which is a permittee or licensee, or a person directly or indirectly in control of a corporation which is a permittee or licensee:

(1) The Commission shall be notified in writing promptly of the occurrence of such death or legal disability; and

(2) Within 30 days after the occurrence of such death or legal disability, application on FCC Form 702, FCC Form 402, or FCC Form 703, as the case may require, shall be filed for consent to involuntary assignment of such station permit or license or for involuntary transfer of control of such corporation to a person or entity legally qualified to súcceed to the foregoing interests under the laws of the place having jurisdiction over the estate involved.

§ 81.43 Application precedent to hearing.

Whenever the Commission regards an application for renewal of license as essential to the proper conduct of a hearing or investigation and specifically directs that the licensee file such application by a certain date, the application shall be filed within the time thus specified. If the licensee fails to file such application within the prescribed time, the hearing or investigation shall proceed as if such renewal application had been received.

§ 81.44 Failure to prosecute applica

tions.

An applicant not desiring to prosecute his application may request that it be dismissed without prejudice A request of an applicant for the return of an application which has been accepted for filing will be considered as a request to dismiss the same without prejudice. Where an applicant fails to respond to official correspondence or request for additional material, the application will be dismissed without prejudice.

§ 81.45 Inconsistent or conflicting applications.

When an applicant has an application pending or undecided, no other inconsistent or conflicting application filed by the same applicant, his successor or assignee, or on behalf of or for the benefit of said applicant, will be considered by the Commission.

§ 81.46 Applications for authority to discontinue, reduce or impair service provided by a public coast station.

(a) Procedures relating to applications under section 214 of the Communications Act for authority to discontinue, reduce or impair service provided by a public coast station are set out in Part 63 of this chapter.

(b) Licensees of public coast stations who propose to discontinue service at the end of any license period shall file an appropriate application for discontinuance of service, as provided in Part 63 of this chapter. Any licensee of a public coast station who has filed, or who proposes to file, an application for authority to discontinue service provided by such station shall, during the period that such application is pending before the Commission, continue to file appropriate applications as may be necessary for extension or renewal of station license in order to provide legal authorization for such station to continue in operation pending final action on the application for discontinuance of service.

§ 81.47 Request for amendment or waiver of rules.

(a) Any provisions of the rules in this part (except those provisions which set forth specific requirements, not subject to waiver or change, of any applicable statute, or any applicable international agreement to which the United States is a signatory party) may be repealed, amended, or supplemented, subject to the provisions of the Administrative Procedure Act. Any interested person may petition for issuance, amendment, or repeal of any rule or regulation governing stations in the maritime mobile service, maritime radiodetermination service, or fixed service subject to this part. Such petition may be filed in relation to specific applications for station authorization, or independently thereof, and shall show the text of the proposed rules, and shall set forth the reasons in support of the petition.

(b) Any provision of the rules in this part (except those provisions which set forth specific requirements, not subject to waiver or change, of any applicable statute, or any applicable international agreement to which the United States is a signatory party) may be waived by the Commission, if the Commission finds that important or exceptional circumstances require such waiver and that the

public interest will be served thereby. A request for such waiver may be filed in relation to specific applications for station authorization, or independently thereof, and shall set forth in detail the reason(s) said waiver is considered to be necessary, and how the public interest would be served thereby.

[28 F.R. 13967, Dec. 21, 1963, as amended at 29 F.R. 5799, May 1, 1964]

§ 81.48 Applications in an emergency.

(a) In cases of emergency involving danger to life or property or due to damage to equipment, application for a station license, or modification or renewal thereof, may be filed by telegram or letter. In the event that the Commission finds that such an emergency exists, temporary authorization may be granted to operate a station in accordance with the request for the duration of such emergency: Provided, That in such cases as may be considered necessary by the Commission, the applicant may be required to supplement such request by filing, as soon as practicable thereafter, a written application for the same authorization as normally prescribed by applicable provisions of this part.

(b) Each application submitted under the provisions of paragraph (a) of this section shall contain, as a minimum requirement, the following information: (1) Name of applicant;

(2) Name of agent, if application is made by an agent, in cases under § 1.913 of this chapter;

(3) Location of proposed installation or operation;

(4) Official call letters of any valid station authorization already held by applicant and the station location;

(5) Class of station desired (not required for renewal, nor for modification unless class of station is to be modified);

(6) Frequency assignment, authorized transmitter powers, and authorized class or classes of emission desired (not required for renewal; required for modification only to the extent such information may be involved);

(7) Equipment to be used, specifying the manufacturer and model number (not required for renewal; required for modification only to the extent such information may be involved);

(8) Specific stations with which communication is desired (not required for renewal; otherwise required only when applicable under the Commission's rules);

(9) Statement of facts which in the opinion of the applicant, constitute an emergency to be found by the Commission for the purpose of this section including estimated duration of emergency.

NOTE: This statement should include a showing that circumstances beyond the control of the applicant prevented the filing of an application as normally prescribed by applicable provisions of this part on a date which would assure its receipt by the Commission in time sufficient for the Commission to take appropriate action thereon.

(c) Each application submitted under the provisions of paragraph (a) of this section shall, in addition to the information specified in paragraph (b) of this section, contain such of the following information as is not already on file with the Commission:

(1) Address of applicant;

(2) Address of agent, if application is made by an agent, in cases under § 1.503 of this chapter;

(3) Relation of applicant to owner of transmitting equipment involved;

(4) Factual statements to the extent necessary for the Commission to determine whether or not the granting of the desired authorization will be in accordance with the citizenship eligibility requirements of section 310 of the Communications Act.

[28 F.R. 13967, Dec. 21, 1963, as amended at 34 F.R. 19420, Dec. 9, 1969]

Subpart C-Station Authorization

SOURCE: The provisions of this Subpart C appear at 28 F.R. 13967, Dec. 21, 1963, unless otherwise noted.

§ 81.61 Time in which station must be placed in operation.

In those cases in which a license is issued initially in lieu of a construction permit, if the station authorized is not placed in operation within 8 months from the date of the grant, the authorization shall be invalid and must be returned to the Commission for cancellation.

[34 F.R. 19420, Dec. 9, 1969] § 81.62

mit.

Forfeiture of construction per

A radio station construction permit shall be automatically forfeited if the construction authorized by such permit is not completed within the time specified therein or within such further time as the Commission may have allowed for completion, unless prevented by

causes not under the control of the holder of the construction permit.

NOTE: A notation of the forfeiture of any construction permit under this provision will be placed in the records of the Commission as of the expiration date.

§ 81.64 Equipment and service tests.

(a) Equipment and service tests of any radio transmitting facilities authorized by a construction permit issued by the Commission in respect to a station subject to this part may be conducted as prescribed in paragraphs (b), (c), and (d) of this section: Provided, That necessary precautions are taken to avoid interference to the service of other authorized stations.

(b) Equipment test: Upon completion of construction or installation of radio transmitting facilities in a station in exact accordance with the terms of the related construction permit, the technical provisions of the application therefor, and the rules and regulations governing the class of station concerned, and prior to the filing of an application for license or modification of license, the permittee is authorized to test the equipment in accordance with applicable terms of the construction permit for a period not to exceed 10 days: Provided, That the Commission's Engineer in Charge of the radio district in which the station is located is notified two days in advance of the beginning of tests and that the permittee is not notified by the Commission to cancel, suspend, or change the date(s) for such tests.

(c) Service test: When equipment tests have been completed, and after application for station license or modification thereof has been filed with the Commission showing the transmitting equipment and associated apparatus to be in satisfactory operating condition, the permittee is authorized to conduct service tests in exact accordance with the terms of the construction permit for a period not to exceed 30 days: Provided, That the Commission's Engineer in Charge of the radio district in which the station is located is notified two days in advance of the beginning of such tests and that the permittee is not notified by the Commission to cancel, suspend, or change the date(s) for such tests.

(d) Limitations: The authorization for tests embodied in paragraphs (b) and (c) of this section shall not be construed as constituting a license to operate but as a necessary part of the authorized construction. Equipment and service

tests shall not commence after the expiration date of the construction permit.

(e) Common carrier service tests: When new stations in common carrier services are ready in all respects to be placed in service, equipment and service tests are authorized to be conducted as outlined in paragraphs (b) and (c) of this section: Provided, All necessary precautions are taken to avoid interference to any other authorized station. No service may be furnished to the public during the equipment test period. Charges for service furnished during the service test period may be made, pursuant to the provisions of legally applicable tariffs.

NOTE: See § 61.62 of this chapter.

§ 81.65 License term.

(a) Licenses for stations in the maritime service will normally be issued for a term of 5 years from the date of original issuance, major modification, or renewal.

(b) Licenses for stations engaged in developmental operation will be issued on a temporary basis for a specific period of time, but in no event to extend beyond one year from date of grant.

[29 F.R. 13967, Dec. 21, 1963, as amended at 35 F.R. 12762, Aug. 12, 1970]

§ 81.68 One authorization for plurality of stations.

(a) Unless otherwise determined by the Commission, one station license may be issued to authorize the use and operation of a designated maximum number of marine-utility stations, normally in multiples of 10 stations, whenever the following elements are the same for each station and the requirement specified in paragraph (b) of this section is fulfilled.

(b) The transmitting equipment authorized for use by the station license shall not be authorized in any other instrument of authorization issued by the Commission.

(c) Unless otherwise directed by the Commission, one station license shall be issued to authorize the use and operation of (1) a land station to be operated primarily as a limited coast station in the maritime mobile service and on a secondary basis as a shipyard base station in the land mobile service, and (2) one or more shipyard mobile stations in the land mobile service which are to communicate with such land station from within the local geographic area in which the land station is located.

(d) Unless otherwise determined by the Commission, one station license may be issued to authorize the use and operation of an Alaska-public fixed station and a public coast station in the Alaska area when:

(1) The licensee or permittee of each class of station is the same;

(2) The location of each class of station is identical;

(3) The conditions which establish and maintain control of each class of station by the permittee or the station licensee are the same.

(e) Whenever a single station authorization is issued in accordance with paragraph (d) of this section, distinction will be shown in each such document as may be necessary in respect to the details of authorization for each service and each class of station except as these may be otherwise established by applicable rules and regulations of the Commission. Unless the station authorization provides otherwise, the same radio transmitting apparatus may be used for both fixed service and maritime mobile service whenever it is capable, by reason of frequency tuning range, technical adjustment, power, frequency stability and emission of being so used.

[34 F.R. 19420, Dec. 9, 1969, as amended at 36 F.R. 20957, Nov. 2, 1971]

§ 81.69

Transfer or assignment of station authorization.

Section 310(b) of the Communications Act expressly provides that a station license granted by the Commission, the frequencies authorized to be used by the licensee, and the rights therein granted shall not be transierred, assigned, or in any manner either voluntarily or involuntarily disposed of, or indirectly by transfer of control of any corporation holding such license, to any person, unless the Commission shall, after securing full information, decide that said transfer is in the public interest, and shall give its consent in writing.

location or locations or within a prescribed geographic area, in accordance with information included in the related application for station authorization.

(b) Whenever a station (other than a marine-utility station or a shipyard mobile station) is to be used and operated, on and after the effective date of the station license, at a single location for six months or more, the station location is construed to be permanent and the particular location shall be specifically designated in the station authorization.

(c) When a station (other than a marine-utility station or a shipyard mobile station) which is authorized to be used and operated at a temporary location or locations remains at any single location for more than six consecutive months, an application for modification of the station license to specify such station location as permanent shall be filed not more than thirty days after the expiration of the six month period involved.

(d) When a station (other than a marine-utility station or a shipyard mobile station) which is authorized to be used and operated at more than one temporary location, is moved from one radio inspection district to another for use and operation in the latter district, the station licensee shall so notify the Commission's Engineers in Charge of the respective districts. Such notification shall, if practicable, be given prior to such change in location but in any event not later than forty-eight hours thereafter.

(e) Prior authorization from the Commission is required before a station may be used and operated at any station location not authorized by either the station authorization or applicable rules and regulations of the Commission. § 81.71 Authorized control point.

(a) Unless otherwise permitted in exceptional cases, each station shall be associated with one or more specific control points which shall, except as provided in subparagraph (1) of this paragraph, be designated in the station license as stated in subparagraph (2) of this paragraph:

(1) When no control point location is designated in a station license, the control point shall be:

(i) Not more than 500 feet from the location of the authorized radio trans

mitting apparatus, for stations other than shipyard mobile stations.

(ii) On the shipyard land mobile unit in which the station is installed, in the case of shipyard mobile stations.

(2) When the control point is at a location more than 500 feet from that of the authorized radio transmitting apparatus, the control point location shall be designated as follows:

(i) In urban areas, the street address shall be specified.

(ii) In rural areas, the approximate location shall be specified in distance and direction from the transmitter in terms of feet and geographical quadrant, respectively; or in distance and direction from the center of a nearby established community in terms of statute miles and geographical quadrant, respectively.

(b) Prior authorization from the Commission is required before a change may be made in the location of an authorized control point or before any control point not authorized by the station license, or by applicable rules and regulations, may be utilized in respect to the particular station.

(c) Except for use with a shipyard mobile station, a dispatch point or points may be installed and used without obtaining any instrument of authorization from the Commission: Provided, That with respect to public and limited coast stations using telegraphy, information relative to the location of each permanently established dispatch point is submitted by the station licensee to the Commission for record purposes at the earliest practicable date after such dispatch point is permanently established. § 81.72 Assignment of call signs.

(a) Stations subject to this part shall be assigned call signs in accordance with applicable provisions of the International Radio Regulations and the Communications Act as set forth in the following paragraphs of this section.

(b) Class I and class II coast stations (public or limited) shall be assigned individual call signs each consisting of three letters, taken from either the group KAA through KZZ or the group WAA through WZZ.

(c) Class III coast stations (public or limited) shall be assigned individual call signs each consisting of three letters followed by three digits, taken from either the group KAA through KZZ or the group WAA through WZZ.