« PreviousContinue »
8154, Apr. 30, 1971; 36 FR 15121, Aug. 13, 1971; 36 FR 19439, Oct. 6, 1971; 40 FR 17254, Apr. 18, 1975; 40 FR 51441, Nov. 5, 1975)
8 0.387 Other defense and emergency preparedness del
egations; cross reference. (a) For authority of the Chief of the Broadcast Bureau to issue National Defense Emergency Authorizations, see $$ 0.281(h) and 1.502.
(b) For authority of the Chief and Deputy Chief of the Field Operations Bureau to declare a general communications emergency, see $ 0.311 [28 FR 12411, Nov. 22, 1963, as amended at 40 FR 17254, Apr. 18, 1975)
8 0.403 Office hours.
The main offices of the Commission are open from 8 a.m. to 5:30 p.m., Monday through Friday, excluding legal holidays.
(42 FR 63788. Dec. 20, 1977)
Subpart C-General Information
8 0.405 Statutory provisions.
The following statutory provisions, among 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. 151-609.
(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:
8 0.401 Location of Commission offices.
(a) The main offices of the Commission are located at 1919 M Street NW., Washington, D.C.
(1) Documents submitted by mail to those of. fices should be addressed to: Federal Communications Commission, Washington, D.C. 20554.
(2) Hand-carried applications accompanied by a filing fee should be delivered to: Fees Section, Office of Executive Director, 1919 M Street NW., Washington, DC.
(3) Other hand-carried documents should be delivered to The Secretary's Office, 1919 M Street NW., Washington, D.C.
(b) The Commission's laboratory is located north of Laurel, Md. The mailing address is: Federal Communications Commission Laboratory, Post Office Box 40, Laurel, Md. 20810.
(c) The locations of the field offices of the Field Operations Bureau are listed in $ 0.121
(d) The locations of the field offices of the Common Carrier Bureau are listed in $ 0.94.
(e) The Commission also maintains offices at Gettysburg, Pennsylvania.
(1) The mailing address of the Gettysburg section of the Data Processing Center, and the Gettysburg Processing Section of the Amateur and Citizens Facilities Branch is: Federal Communications Commission, 334 York Street, Gettysburg, Pa. 17325.
(2) The mailing address of the International Telecommunications Section of the Finance Branch is:
Federal Communications Commission, P.O. Box IT-70, Gettysburg, Pa. 17325
(f) The location of the field offices of the Office of Emergency Communications are listed in $ 0.184(c).
(g) A Regional Spectrum Management Center is located in Chicago, Ill. The mailing address for this office is:
8 0.406 The rules 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 88 0.411(b), 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 099. 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
Federal Communications Commission, Regional Spectrum Man
agement Center, 219 South Dearborn Street, Chicago, IL 60604. (28 FR 12411, Nov. 22, 1963, as amended at 29 FR 14666, Oct. 28, 1964; 32 FR 12795, Sept. 7, 1967; 32 FR 20860, Dec. 28, 1967; 36 FR
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 7079 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 Safety and Special Radio Seryices. 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 1, 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. The subpart 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 and 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 G contains rules pertaining to application filing fees. Subpart H, concerning ex parte presentations, sets forth standards governing communication 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; provi. sions 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 Allocations ($ 2.106); techni. cal 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.
ments, U.S. Government Printing Office, Washington, D.C. 20402. The Commission does not furnish copies of these publications but will furnish a price list (Administration Bulletin No. 1) upon request. Requests for copies of that list should be directed to the Office of Public Affairs, Federal Communications Commission, Washington, D.C. 20554. (32 FR 10571, July 19, 1967, as amended at 44 FR 39180, July 5, 1979)
(32 FR 10571, July 19, 1967, as amended at 32 FR 12180, Aug. 24, 1967; 37 FR 20553, Sept. 30, 1972; 44 FR 39180, July 5, 1979)
PRINTED PUBLICATIONS SOURCE: 32 FR 10571, July 19, 1967, unless otherwise noted. 80.411 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 4 subchapters, which may be purchased separately: Subchapter AGeneral; 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 $8 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.
(2) The Federal Register. As rules are adopted, amended, or repealed, the changes are published in the FEDERAL REGISTER, which is published daily except on days following legal holidays. Notices of proposed rule making, other rule making documents, statements of general policy, interpretations of general applicability, and other Commission documents having general applicability and legal effect are also published in the FEDERAL REGISTER. THE FEDERAL REGISTER is fully indexed and contains numerous finding aids. See 1 CFR Appendix C. (32 FR 10571, July 19, 1967, as amended at 44 FR 39180, July 5, 1979)
8 0.414 The Communications Act and other statutory
materials. This publication, with packets of revised pages, contains the Communications Act of 1934, with amendments through 1964; the Administrative Procedure Act, with amendments through 1964; the Judicial Review Act; the Communications Satellite Act of 1962; and selected sections of the Criminal Code pertaining to communications. It also contains indexes to the Communications Act and the Administrative Procedure Act. Persons who do not have ready access to the United States Code, or who refer frequently to these materials, may find this volume to be useful. 80.415 The rules and regulations (looseleaf service).
(a) In this service, the rules are divided into 10 volumes, each containing several related parts. Each volume may be purchased separately from the Superintendent of Documents. The purchase price for a volume includes a subscription to replacement pages reflecting changes in the rules contained therein until such time as the volume is revised. Each volume is revised periodically, depending primarily on the frequency with which the rules it contains have been amended. When a volume is revised, the revised volume and replacement pages therefor will be furnished to those who renew their subscriptions.
(b) Subpart CC of Part 83 (How to Use Your VHF Marine Radio), Part 95–Subpart A (General Mobile Radio Services Rules and Regulations), Part 95–Subpart C (Radio Control Service Rules and Regulations), Part 95–Subpart D (Citizens Band Radio Service Rules and Regulations), Part 95–Subpart E (Technical Regulations Personal Radio Services), Part 97 (Amateur Radio Service), and Part 99 (Disaster Communications Service) are not included in the loose-leaf service, but instead available as separate pamphlets from the Superintendent of Documents. These pamphlets are revised annually or as required.
(41 FR 21449, May 26, 1976, as amended at 45 FR 19935, July 28, 1980)
8 0.413 The Commission's printed publications.
The Commission's printed publications are described in $8 0.414-0.420. These publications may be purchased from the Superintendent of Docu
80.416 The Federal Communications Commission Re
ports. All documents currently adopted by the Commission having precedential or historical significance are published in the FCC Reports. The FCC Reports are published weekly in pamphlet
Commission for distribution to the public. A listing of these bulletins is included in ED Bulletin No. 1, "FCC Publications". Requests for bulletins should be directed to the Press and News Media Division.
(47 U.S.C. 154, 155, 303) (36 FR 15121, Aug. 13, 1971, as amended at 44 FR 12425, Mar. 7, 1979; 44 FR 70471, Dec. 7, 1979)
form. The pamphlets are available on a subscription basis, and are subsequently compiled and published in bound volumes. Earlier volumes contain Commission decisions and reports but are less comprehensive than those currently being published. Supplements (to those earlier volumes) containing additional documents having precedential or historical significance will be issued from time to time. Current bound volumes contain indexes, tables of cases and other finding aids. 8 0.417 The Annual Reports.
At the end of each fiscal year, the Commission publishes an Annual Report containing general information concerning the Commission and the history of regulation, a summary of developments during the year, and selected industry statistics. 8 0.420 Other Commission publications.
The following additional Commission publications may be purchased from the Superintendent of Documents:
(a) Statistics of Communications Common Carriers.
(b) Figure M-3, Estimated AM Ground Conductivity of the United States (set of two maps).
(c) Television Network Program Procurement Report, 2d Interim Report, Part 2, by the Office of Network Study. (32 FR 10571, July 19, 1967, as amended at 44 FR 39180, July 5,
LISTS CONTAINING INFORMATION COMPILED BY THE
COMMISSION 8 0.431 The FCC Service Frequency Lists.
Lists of frequency assignments to radio stations authorized by the Commission are recapitulated periodically by means of an automated record system. All stations licensed by the Commission are included, except the following: Aircraft, amateur, personal (except General Mobile Radio Service), Civil Air Patrol, and disaster. The resulting documents, the FCC service frequency lists, consist of several volumes arranged by nature of service, in frequency order, including station locations, call signs and other technical particulars of each assignment. These documents are available for public inspection at each of the Commission's Field Operations Bureau field offices (see $ 0.121) and, in Washington, D.C., in the Office of Science and Technology. Copies may be purchased from the Commission's duplicating contractor. See $ 0.465(a).
FORMS AND DOCUMENTS AVAILABLE UPON REQUEST
(42 FR 8326, Feb. 9, 1977, as amended at 44 FR 39180, July 5, 1979)
8 0.421 Application forms.
All forms for use in submitting applications for radio authorization, together with instructions and information as to filing such forms, may be obtained at the Washington offices of the Commission or at any of the field offices listed in $ 0.121. For information concerning the forms to be used and filing requirements, see Subparts D, E, F. and G, of Part 1 of this chapter and the appropriate substantive rules. (40 FR 17254, Apr. 18, 1975) 8 0.422 Current action documents and public notices.
A limited number of copies of the text of documents adopted by the Commission, public notices of Commission actions, and other public releases is made available at the Press and News Media Division when they are issued. Back issues of public releases are available for inspection in this office. (47 U.S.C. 154, 155, 303) (36 FR 15121, Aug. 13, 1971, as amended at 44 FR 12425, Mar. 7, 1979; 44 FR 70471, Dec. 7, 1979) 8 0.423 Information bulletins.
A number of bulletins containing information about communications and the Federal Communications Commission have been prepared by the
8 0.432 The NARBA List.
Pursuant to the North American Regional Broadcast Agreement and the United States/ Mexican Agreement, appropriate countries are notified of standard broadcast station assignments as they are made. The information thus supplied by notice includes frequency, station location, call letters, power and other technical particulars. Every 6 months, a recapitulative list containing this information for all existing standard broadcast stations, arranged in frequency order, is prepared by the Commission. This is the socalled NARBA list. These lists are available for public examination at each of the Commission's Field Operations Bureau field offices (see $ 0.121), and in Washington, D.C. Copies may be purchased from the Commission's duplicating contractor. See $ 0.465(a). (40 FR 17254, Apr. 18, 1975) 8 0.433 The Radio Equipment Lists.
Lists of type approved and type accepted equipment (the radio equipment lists) are prepared periodically by the Commission. These documents are available for public inspection at each of the Commission's Field Operations Bureau field of. fices (see $ 0.121) and in the Office of Science and Technology. Copies may be purchased from the
Commission's duplicating contractor. See $ 0.465(a). (40 FR 17255, Apr. 18, 1975, as amended at 44 FR 39180, July 5, 1979)
8 0.434 Lists of authorized broadcast stations and
pending broadcast applications. Periodically the FCC prepares lists containing information about authorized broadcast stations, pending applications for such stations, and rulemaking proceedings involving amendments to the Tables of Assignments. These lists, which are prepared from the FCC's engineering data bases, contain frequencies, station locations, and other particulars. They are available for public inspection at the FCC's Public Reference Room, Washington, D.C. Copies of the lists may be purchased from the FCC's duplicating contractor. See $ 0.465(a). Copies of the data bases may be obtained from: National Technical and Information Service, Springfield, Virginia 22161, (703) 5574660.
(a) For AM broadcast stations, the lists are arranged as follows:
(1) Pending construction permit applications for new stations and changes in existing facilities. There is one list arranged by frequency, one by state and city, and one by file number. Complete lists are prepared approximately every two weeks.
(2) There is currently no list of authorized stations available.
(3) See also $ 0.432, The NARBA List.
(b) For FM broadcast stations, the lists are arranged as follows:
(1) Authorized stations, pending construction permit applications, proposed rulemakings, vacant channels, and translators. There is one list available by state and city, and another list by frequency. Complete lists are prepared approximately once a month with updates each week.
(2) Vacant assignments and applications therefor. The list is in order by state and city, Complete lists are prepared approximately once a month; there are no updates.
(c) For TV stations, the lists are arranged as follows:
(1) Authorized stations, pending construction permit applications, proposed rulemakings, and vacant channels in order of state and city. A complete list is prepared approximately once a month, with updates approximately each week.
(2) Vacant assignments and applications therefor. The list is in order by state and city. Complete lists are prepared approximately once a month; there are no updates.
(d) For TV broadcast translator stations, the lists contain authorized stations and pending construction permit applications for new stations and changes in existing facilities. There is one list arranged in order by state, city, and channel; and another list arranged in order by state, channel, and call. Complete lists are prepared approxi. mately once a month, with updates each week.
(e) Users of the lists are cautioned that the data bases are unofficial listings. They have been prepared for the convenience of the FCC's staff, and should not be relied on by the public because in some instances the lists may not agree with the primary sources of information (e.g., official license documents, international notifications, actual applications, and the like). Action by the public, such as the filing of applications, should be based on the primary sources of information and not on the lists. If there are discrepancies between the lists and the primary sources of information the latter control. Any error discovered in the lists should be brought to the attention of: Federal Communications Commission, Broadcast Bureau-Data Base Management Staff, Washington, D.C. 20554.
(f) The United States and its officers, agents and employees shall not be responsible or liable for any loss, expense or damage arising from or incident to the use of the lists by the public. (45 FR 41151, June 18, 1980) PUBLIC INFORMATION AND INSPECTION OF RECORDS SOURCE: 32 FR 10573, July 19, 1967, unless otherwise noted. 80.441 General.
Any person desiring to obtain information may do so by writing or coming in person to any of the Commission's offices. A broader range of information and more comprehensive information facilities are available at the Commission's main office in Washington, D.C., however, and inquiries of a general nature should ordinarily be submitted to that office.
8 0.442 Disclosure to other Federal government agen
cies of information submitted to the Commission in
confidence. (a) The disclosure of records to other federal government agencies is generally governed by 44 U.S.C. 3512 and 3508(a) rather than the Freedom of Information Act. The acceptance of materials in confidence under $ 0.457 or $ 0.459 does not provide assurance against their disclosure to other agencies.
(b) Information submitted to the Commission in confidence pursuant to $ 0.457(c) (2) and (3), (d) and (g) or $ 0.459 will be disclosed to other agencies of the federal government upon request: Provided (1) Specific Commission assurances against such disclosure have not been given, (2) the other agency has established a legitimate need for the information, (3) disclosure is made subject to the provisions of 44 U.S.C. 3508(a), and (4) disclosure is not prohibited by the Privacy Act or other provisions of law.
(c) The Commission's staff may give assurances against disclosure of information to other federal agencies only with the prior written approval of the General Counsel. In no event will assurance against disclosure to other agencies be given in