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office of the Commission and, in some instances, from United States missions abroad. (Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308) [28 FR 12454, Nov. 22, 1963, as amended at 30 FR 2706, Mar. 3, 1965; 34 FR 19419, Dec. 9, 1969; 37 FR 15928, Aug. 8, 1972; 40 FR 5365, Feb. 5, 1975)
8 1.912 Where applications are to be filed.
(a) Applications for any class of amateur operator license requiring examination under Part 97 of this chapter shall be filed in the nearest FCC field office, listed in g 0.121 of this chapter.
(c) Formal applications for ship station licenses for use of radiotelephone or radar transmitting apparatus or both, and applications for modification of such licenses shall be filed on FCC Form 506 and in accordance with the instructions on that form.
(d) All formal applications for Radio Control (R/C) or Citizens Band (CB) new, modified, or renewal station authorizations shall be submitted to the Commission's office, Gettysburg, Pennsylvania 17325. All formal applications for ship station licenses (FCC Forms 506 and 405-B) shall be submitted to the Commission's office, Box 1040, Gettysburg, Pennsylvania 17325. All formal applications for aircraft station licenses (FCC Forms 404 and 405-B) or for ground station authorization in the aviation service (FCC Form 406) shall be submitted to the Commission's office, Box 1030, Gettysburg, Pennsylvania 17325. Any special requests or applications for special temporary authority concerning a Radio Control (R/C) or Citizens Band (CB) station and all applications for General Mobile Radio Service station licenses shall be filed in accordance with paragraph (e) of this section.
(e) All other applications shall be filed with the Commission's offices in Gettysburg, Pennsylvania and shall be addressed to: Federal Communications Commission, Gettysburg, Pennsylvania 17325.
of, the District of Columbia, and units of local government, including incorporated municipalities, shall be signed by such duly elected or appointed officials as may be competent to do so under the laws of the applicable jurisdiction.
(b) Applications, amendments thereto, and related statements of fact required by the Commission may be signed by the applicant's attorney in case of the applicant's physical disability or his absence from the United States, or by applicant's designated vessel master when a temporary permit is requested for that vessel. The attorney shall, when applicable, separately set forth the reason why the application is not signed by the applicant. In addition, if any matter is stated on the basis of the attorney's or master's belief only (rather than his knowledge), he shall separately set forth his reasons for believing that such statements are true.
(c) Only the original of applications, amendments, or related statements of fact need be signed; copies may be conformed.
(d) Applications, amendments, and related statements of fact need not be signed under oath. Willful false statements made therein, however, are punishable by fine and imprisonment, U.S. Code, Title 18, section 1001, and by appropriate administrative sanctions, including revocation of station license pursuant to section 312(a)(1) of the Communications Act of 1934, as amended.
(Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308) (43 FR 27991, June 28, 1978, and 44 FR 3290, Jan. 16, 1979)
8 1.914 Full disclosures.
Each application shall contain full and complete disclosures with regard to the real party or parties in interest and as to all matters and things required to be disclosed by the application forms. (Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308)
(Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 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 32 FR 20861, Dec. 28, 1967; 36 FR 19439, Oct. 6, 1971; 44 FR 55381, Sept. 26, 1979; 47 FR 9208, Mar. 4, 1982; 47 FR 15334, Apr. 9, 1982)
8 1.913 Who may sign applications.
(a) Except as provided in paragraph (b) of this section, applications, amendments thereto, and related statements of fact required by the Commission shall be personally signed by the applicant, if the applicant is an individual; by one of the partners, if the applicant is a partnership; by an officer or duly authorized employee, if the applicant is a corporation; or by a member who is an officer, if the applicant is an unincorporated association. Applications, amendments, and related statements of fact filed on behalf of eligible government entities, such as states and territories of the United States and political subdivisions there
8 1.915 Shared use of broadcast antenna structure.
Applicants who propose to share the use of an antenna structure used by a standard, FM, or TV broadcast station shall submit the following information as a part of the application:
(a) A scale sketch of the antenna system showing the position of the proposed antenna on the tower structure and its relation to any required obstruction lights and other antennas on the tower; and
(b) A diagram which will clearly indicate the proposed method of mounting the transmission feed lines and how these lines will bridge antenna base insulators if employed by the broadcast station. (Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308)
8 1.916 Repetitious applications.
Where the Commission has, for any reason, denied an application for a new station or for any modification of services or facilities, dismissed party to a proceeding, order the applicant to amend his 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.
such application 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)
(Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308) [28 FR 12454, Nov. 22, 1963, as amended at 29 FR 6445, May 16, 1964; 37 FR 13984, July 15, 1972)
APPLICATION FORMS AND PARTICULAR FILING
8 1.921 Procedure for obtaining a radio station author.
ization 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 8 1.922. Each form contains appropriate instructions concerning the number of required copies, 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)
8 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 such application by filing the appropriate number of copies of the amendments in question duly executed: Provided, however, That when an application is mutually exclusive with another application, or when a petition to deny such an application has been filed, an application to amend the application substantially, as defined in § 1.962(c), or in a way that would improve the applicant's position in any comparative hearing, or to change the issues in any hearing, must be filed not later than 30 days after the filing at the Commission of the petition to deny such application or, in the case of mutually exclusive applications, within 30 days of the public notice of the filing of the mutually exclusive application. If a petition to deny has been filed, or the application is mutually exclusive with another application, the amendment shall be served on the petitioner, or the other applicant, as the case may be.
(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) The Commission (or the presiding officer, if the application has been designated for hearing) may, upon its own motion or upon motion of any
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 Per
sons. 404 Application for Aircraft Radio Station License. 405-A Application for Renewal of Radio License (Short Form). 405-B License Expiration Notice and/or Renewal Application. 406 Application for Ground Station Authorization in the Aviation Serv
ices. 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. 453-B Certificate of Special Temporary Authorization for Operation of
Radio Station on Board New Aircraft. 480 Application for Civil Air Patrol Radio Station Authorization.
Application for Land Radio Station License in the Maritime Service 505 Application for Station License in the R/C or CB Service.
408-524 0 - 83 - 9
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 Station Construction
Permit and License. 555-B Temporary Permit, Citizens Band (CB) Radio Service, Personal
Radio Service. 572 Temporary Permit to Operate a Business Radio Station. 577 Temporary Permit To Operate a Part 90 Radio Station.
610 Application for amateur radio station and/or operator license. 610-A Application of Allen Amateur Radio Licensee for Permit to Operate
in the United States. 610-B Application for Amateur Club, Military Recreation, or Radio Amateur
Civil Emergency Service Station license. 660-B Interim Amateur Permit. 702 Application for Consent to Assignment of Radio Station Construc
tion Permit or License (For Stations in Services Other Than
Broadcast). 703 Application for Consent to Transter of Control of Corporation
Holding Construction permit or Station License (For Station in
Services Other Than Broadcast). 714 Supplement to Application for New or Modified Radio Station
Authorization (concerning antenna structure notification to FAA). 820 Application for Exemption from Ship Radio Station Requirements. 845 Amateur Code Credit Certificate.
(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)
NOTE: For FR citations affecting $ 1.922, see List of CFR Sections Affected in the Finding Aids section of this volume.
8 1.923 Waiver of construction permit requirement.
(a) Effective July 14, 1969, a construction permit shall not be required for any station in the Private Radio Services.
(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.
(b)(1) Application for consent to voluntary assignment of a construction permit or license, or for consent to voluntary transfer of control of a corporation holding a construction permit or license, shall 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:
(i) FCC Form 400: for assignment of station authorization in services under Parts 89, 91, and 93 of this chapter, except as provided in paragraphs (b)(2)(ii) and (iv) of this section. Attached thereto shall be asigned letter from proposed assignor stating his desire to assign his current authorization in accordance with the rules governing the particular service involved.
(ii) FCC Form 402; for assignment of an authorization for fixed stations in the Private Radio Services using frequencies above 952 MHz (socalled microwave stations). Attached thereto shall be a signed letter from proposed assignor stating his desire to assign his current authorization in accordance with the rules governing the particular service involved.
(iii) FCC Form 406: for assignment of ground station authorizations in the Aviation Services, except as provided in paragraph (b)(2)(ii) of this section.
(v) FCC Form 503: for assignment of coast station authorizations in the Maritme Services and Alaska-Public Fixed Stations.
(vi) FCC Form 702: for assignment of licenses or construction permits of all other types.
(vii) FCC Form 703: for consent to transfer control of a corporation holding any type of license or construction permit.
(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 li. censee, 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, Avi. ation (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.
(34 FR 9283, June 12, 1969, as amended at 44 FR 39181, July 5, 1979)
8 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 must be assigned whenever there is a change of ownership of an authorized radio station as, for example, if the radio communication equipment is sold with a business. The new owner must apply for assignment to him of the existing authorization in accordance with the rules under which the station is authorized.
(2) Licenses for stations in the Amateur, Aviation (aircraft), Personal, and Maritime (ship) Radio Services cannot be assigned. Whenever there is a 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.
(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; 44 FR 39181, July 5, 1979: 45 FR 55201, Aug. 19, 1980)
$ 1.925 Application for special temporary authoriza
tion, temporary permit, temporary operating au
thority, or interim amateur permit. (a) Special temporary authority may be granted to install and operate new equipment, or to operate a licensed station in a manner and to an extent or for service other or beyond that authorized in an existing license, upon proper application therefor. No such request will be considered unless full particulars as to the purpose for which the request is made are stated and unless the request is received by the Commission at least 10 days prior to the date of proposed operation. A request received within less than 10 days may be accepted upon due showing of sufficient reasons.
(b) Requests for such temporary authorization may be filed in letter form, properly signed; however, in cases of emergency involving danger to
in cases of emergency involving danger to life or property or due to damage to equipment, such request may be made by telephone or telegraph, provided written request, properly signed, is submitted within 10 days from the date of such request.
(c) The radio station on a new aircraft with factory installed radio equipment or on an aircraft which has recently undergone the initial installation of radio equipment may be operated for a period of 60 days under special temporary authority evidenced by a copy of a certificate (FCC Form 453-B) executed by the aircraft manufacturer, dealer or distributor, in the case of new aircraft with factory installed radio equipment; or the avionics manufacturer, dealer or distributor who installs the equipment. The original of the certificate must be mailed to the Commission with an application for a new station license on FCC Form 404.
(d) An individual applicant for a Citizens Band (CB) station license in the Personal Radio Services may operate his radio station pending issuance of his CB station authorization by the Commission for a period of 60 days, under a temporary permit, evidenced by a properly executed certification made on FCC Form 555-B.
(e) Upon successful completion of a Commission supervised Amateur Radio Service operator examination, an applicant already licensed in the Amateur Radio Service may operate his amateur radio station pending issuance of his permanent amateur station and operator licenses by the Commission for a period of 90 days or until issuance of the permanent operator and station licenses, whichever comes first, under the authority of a properly executed Interim Amateur Permit (FCC Form 660-B). An Interim Amateur Permit conveys all operating privileges of the licensee's new operator license, but may be set aside by the Commission within the 90 day term if it appears
that the permanent operator and station licenses cannot be granted routinely.
(f) An applicant for a Ship Radio station license may operate his radio station pending issuance of his ship station authorization by the Commission for a period of 60 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 6.1 meters above average terrain.
(h) An applicant for a Subpart M radio station license to utilize an already existing 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 577 after the mailing of a formal application for station license, provided that the antenna(s) employed by the control station(s) is (are) a maximum of twenty feet above a man-made structure (other than an antenna tower) to which it (they) is (are) affixed.
(28 FR 12454, Nov. 22, 1963, as amended at 42 FR 3167, Jan. 17, 1977; 42 FR 8327, Feb. 9, 1977; 42 FR 36459; July 15, 1977; 44 FR 3290, Jan. 16, 1979; 45 FR 59883, Sept. 11, 1980; 47 FR 19360, May 5, 1982)
$ 1.926 Application for renewal of license.
(a) Application for renewal of station license shall be submitted on FCC Form 405-A (except as noted in paragraph (b) of this section).
(b)(1) Applications for renewal of an amateur operator license (with the exception of an amateur club, military recreation, or Radio Amateur Civil Emergency Service station licenses), or a combined amateur operator/station license shall be filed on FCC Form 610.
(2) Applications for renewal of aircraft radio station licenses shall be submitted on FCC Form 405-B.
(4) Applications for renewal of an amateur club, military recreation, or Radio Amateur Civil Emergency Service station license shall be filed on FCC Form 610-B.
(9) Applications for renewal of ship radio station licenses shall be submitted on FCC Form 405-B.
Form 812 entitled “Application for Periodical Inspection (Communications Act, Title III, Part III)." This form should be forwarded to the Engi. neer in Charge of the field office nearest the desired port of inspection (see $ 0.121 of this chapter).
(10) Application for renewal of Radio Control (R/C) or Citizens Band (CB) station license in the Personal Radio Services shall be submitted on FCC Form 505.
(c) 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.
(40 FR 17255, Apr. 18, 1975)
(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 28 FR 14503, Dec. 31, 1963; 29 FR 3229, Mar. 11, 1964; 30 FR 9315, July 27, 1965; 31 FR 6113, Apr. 21, 1966; 41 FR 44042, Oct. 6, 1976; 42 FR 8327, Feb. 9, 1977; 44 FR 3290, Jan 16, 1979; 45 FR 55201, Aug. 19, 1980; 46 FR 22593, Apr. 20, 1981)
8 1.928 Procedure with respect to applications for ship
radio inspection or periodical survey. After the following applications are accepted for filing, the Engineer in Charge of the field office in which the application is submitted makes the necessary examination and issues the appropriate certification:
(a) Application for ship radio inspection and certification of the ship radio license, pursuant to the requirements of section 362(b) of the Communications Act;
(b) Application for a Safety Convention certificate in accordance with the terms of Regulations 12 and 13, Chapter 1 of the Safety Convention;
(c) Application for periodical survey as required by Article 11 of the Great Lakes Agreement and certification prescribed by Articles 12 and 13 thereof;
(d) Application for periodical inspection and certification of vessels subject to Part III of Title III of the Communications Act, pursuant to section 385 thereof.
(Sec. 10(b), 50 Stat. 196, as amended, 47 U.S.C. 360: and sec. 1, 70 Stat. 1047, 47 U.S.C. 385) (28 FR 12454, Nov. 22, 1963, as amended at 30 FR 6779, May 19, 1965; 40 FR 17256. Apr. 18, 1975)
§ 1.927 Application for ship radio inspection or period.
ical survey of ships subject to compulsory radio requirements. (a) Applications for ship radio inspection and certification of the ship radio license in accordance with the requirements of section 362(b) of the Communications Act, and/or issuance of a Safety Convention certificate in accordance with the terms of Regulations 12 and 13, Chapter 1 of the Safety Convention, should be submitted on FCC Form 801 entitled “Application for Ship Radio Inspection.” This form should be forwarded to the Engineer in charge of the field office nearest the desired port of inspection (see g 0.121 of this chapter).
(b) Applications for periodical survey as required by Article II of the Great Lakes Agreement, and certification prescribed by Articles 12 and 13 thereof, should be submitted on FCC Form 809, “Application for Periodical Survey (Great Lakes Agreement).” This form should be forwarded to the Engineer in Charge of the field office nearest the desired place of survey (see 80.121 of this chapter).
(c) Applications for inspection of ship radio equipment and apparatus, for the purposes of Part II of Title III of the Communications Act of 1934, as amended, or the Great Lakes Agreement, on a Sunday or national holiday, or during other than the established working hours on any other day, should be submitted on FCC Form 808 entitled “Application for and Certificate of Overtime Service Involving Inspection of Ship Radio Equipment." This form should be forwarded to the Engineer in Charge of the field office nearest the desired port of inspection (see $0.121 of this chapter).
(d) Application for periodical inspection and certification of vessels subject to Part III of Title III of the Communications Act pursuant to section 385 thereof should be submitted on FCC
8 1.929 Application for exemption from compulsory
ship radio requirements. Applications for exemption, filed under the provisions of sections 352 (b) or (c) and 383 of the Communications Act; Regulation 5, Chapter IV of the Safety Convention; and Article 6 of the Great Lakes Radio Agreement, shall be submitted on FCC Form 820 entitled “Application for Exemption from Ship Radio Station Requirements". (Sec. 10(b), 50 Stat. 192, as amended, 47 U.S.C. 352; and sec. 170 Stat. 1047, 47 U.S.C. 383) (30 FR 6779, May 19, 1965)
$ 1.930 Application for temporary waiver of annual in
spection. Informal application for temporary waiver of the annual inspection required under section 362(b) of the Communications Act, as provided in that section, shall be filed by the vessel owner, the vessel's operating agency, the ship station licensee, or the master of the vessel with the Commission's Engineer in Charge of the radio district office nearest the port where the ship is located. (Sec. 10(b), 50 Stat. 196, as amended; 47 U.S.C. 360)