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For  |$additional information concerning the information collections contained in the Report and Order, contact Judy Boley at 202-418-0214.  SP$' G6!#-46. Final Regulatory Flexibility Analysis. As required by Section 603 of the Regulatory  S(%' |$MFlexibility Act, 5 U.S.C.  603 ("RFA"), a Final Regulatory Flexibility Analysis ("FRFA") is set forth in Appendix B. "'&,C)C)UU=&"Ԍ S' G6!.47. Ordering Clauses. IT IS ORDERED that Parts 5 and 90 ARE AMENDED, as specified in  |$ Appendix A, effective 60 days after publication in the Federal Register. IT IS FURTHER ORDERED  |$Mthat the Reference Operations Division of the Commission's Office of Public Affairs shall send a copy  S'of this Report and Order, including the FRFA, to the Chief Counsel for Advocacy of the SBA.  S:' G6!/48. Authority. This action is taken pursuant to Sections 4(i), 303(c), 303(f), 303(g) and 303(r)  |$of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 303(c), 303(f), 303(g) and 303(r). ` `  Ghh}FEDERAL COMMUNICATIONS COMMISSION ` `  Ghh}Magalie Roman Salas ` `  Ghh}Secretary " &*c'c'UU` "  X' 8 ^ #Xj\  P6G;XP#APPENDIX A: FINAL RULES#Xj\  P6G;XP# Đ X4l  S'#&a\  P6G;r&P#A. Part 5 of Title 47 of the Code of Federal Regulations is amended as follows:  S' XPART 5 EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST) (# 1. The authority citation for Part 5 is revised to read as follows:  S' AUTHORITY: Secs. 4, 302, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 302, 303. Interpret or apply sec. 301, 48 Stat. 1081, as amended; 47 U.S.C. 301.  S' 2. The entire Part 5 of Title 47 of the Code of Federal Regulations is amended as follows:  S ' PART 5--EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST) Subpart A--General Section 5.1 Basis. 5.3 Scope of service. 5.5 Definition of terms. Subpart B--Applications and Licenses  S' 5.51 Eligibility of license. 5.53 Station authorization required. 5.55 Filing of applications. 5.57 Who may sign applications. 5.59 Forms to be used. 5.61 Procedure for obtaining a special temporary authorization. 5.63 Supplementary statements required. 5.65 Defective applications. 5.67 Amendment or dismissal of applications. 5.69 Partial grants. 5.71 License period. 5.73 Experimental report. 5.75 Number of licenses required. 5.77 Change in equipment and emission characteristics. 5.79 Transfer and assignment of station authorization. 5.81 Discontinuance of station operation. 5.83 Cancellation provisions. 5.85 Frequencies and policy governing their assignment. 5.87 Frequencies for field strength surveys or equipment demonstrations.  Sj$' 5.89 School and s tudent authorizations. "B%&0*&&UU$" 5.91 Notification to the National Radio Astronomy Observatory. 5.93 Limited market studies. Subpart C--Technical Standards and Operating Requirements 5.101 Frequency stability. 5.103 Types of emission. 5.105 Authorized bandwidth. 5.107 Transmitter control requirements. 5.109 Antenna and tower requirements. 5.111 General limitations on use. 5.113 Adherence to program of research. 5.115 Station identification. 5.117 Suspension of transmission required. 5.119 Posting station licenses. 5.121 Retention of station records. 5.123 Inspection of stations. 5.125 Authorized points of communication. Subpart A--General Section 5.1 Basis and purpose. (a) The rules following in this part are promulgated pursuant to the provisions of Title III of the Communications Act of 1934, as amended, which vests authority in the Federal Communications Commission to regulate radio transmissions and to issue licenses for radio stations. (b) The purpose of this part is to prescribe the manner in which parts of the radio frequency spectrum may be made available for experimentation as defined and provided for in this part. Section 5.3 Scope of service. Stations operating in the Experimental Radio Service will be permitted to conduct the following type of operations: (a) Experimentations in scientific or technical radio research. (b) Experimentations under contractual agreement with the United States Government, or for export purposes. (c) Communications essential to a research project. (d) Technical demonstrations of equipment or techniques. (e) Field strength surveys by persons not eligible for authorization in any other service. (f) Demonstration of equipment to prospective purchasers by persons or state and local governmental subdivisions engaged in the business of selling radio equipment. (g) Testing of equipment in connection with production or regulatory approval of such equipment. (h) Development of radio technique, equipment or engineering data not related to an existing or proposed service, including field or factory testing or calibration of equipment. (i) Development of radio technique, equipment, operational data or engineering data related to an existing or proposed radio service."%&0*&&UU$"Ԍ S' (j) Limited market studies.G (k) Types of experiments that are not specifically covered under paragraphs (a) through (j) of this section will be considered upon demonstration of need for such additional types of experiments.  S' Section 5.5 Definition of terms. For the purpose of this part, the following definitions shall be applicable. For other definitions, refer to Part 2 of this chapter (Frequency Allocations and Radio Treaty Matters; General Rules and Regulations).  S' Authorized frequency. The frequency assigned to a station by the Commission and specified in the instrument of authorization.  SJ ' Authorized power. The power assigned to a radio station by the Commission and specified in the instrument of authorization.  S ' Experimental Radio Service. A service in which radio waves are employed for purposes of experimentation in the radio art or for purposes of providing essential communications for research projects that could not be conducted without the benefit of such communications.  S ' Experimental Station. A station utilizing radio waves in experiments with a view to the development of science or technique.  S8' Fixed service. A radiocommunication service between specified fixed points.  S' Fixed station. A station in the fixed service.  S' Harmful interference. Any radiation or induction that endangers the functioning of a radionavigation or safety service, or obstructs or repeatedly interrupts a radio service operating in accordance with the Table of Frequency Allocations and other provisions of Part 2 of this chapter.  Sv' Landing area. As defined by 49 U.S.C. Section  40102(a)(28) of the Civil Aeronautics Act of 1938, as amended, any locality, either of land or water, including airdromes and intermediate landing fields, that is used, or intended to be used, for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo.  S' Land station. A station in the mobile service not intended for operation while in motion.  S' Mobile service. A radiocommunication service between mobile and land stations, or between mobile stations.  S<' Mobile station. A station in a mobile service intended to be used while in motion or during halts at unspecified points.  S' Person. An individual, partnership, association, joint stock company, trust, or corporation.  S' Public correspondence. Any telecommunication that offices and stations, by reason of their being at the disposal of the public, must accept for transmission.  Sz' Radio service. An administrative subdivision of the field of radiocommunication. In an engineering sense, the subdivisions may be made according to the method of operation, as, for example, mobile service and fixed service. In a regulatory sense, the subdivisions may be descriptive of particular groups of licensees, as, for example, the groups of persons licensed under this part.  S!' Station authorization. Any license or special temporary authorization issued by the Commission. Subpart B--Applications and Licenses Section 5.51 Eligibility of license.">%&0*&&UU#"Ԍ (a) Authorizations for stations in the Experimental Radio Service will be issued only to persons qualified to conduct experimentation utilizing radio waves for scientific or technical operation data directly related to a use of radio not provided by existing rules; or for communications in connection with research projects when existing communications facilities are inadequate. (b) Applicants eligible for authorizations in an established service, and seeking to develop operational data or techniques directed toward the improvement or extension of that service shall file applications and conduct such projects under the developmental rules of the established service. (c) A station license shall not be granted to or held by a foreign government or a representative thereof. Section 5.53 Station authorization required. (a) No radio transmitter shall be operated in the Experimental Radio Service except under and in accordance with a proper station authorization granted by the Commission. However, construction of proposed experimental satellite facilities may begin prior to Commission grant of an authorization. Such construction will be entirely at the applicant's risk and will not entitle the applicant to any assurances that its proposed experiment will be subsequently approved or regular services subsequently authorized. Additionally, the applicant must notify the Commission's Office of Engineering and Technology in writing that it plans to begin construction at its own risk. (b) Persons desiring to install and operate radio transmitting equipment under this part should first submit an application for a radio station license in accordance with  5.59. (c) If installation and/or operation of the equipment may significantly impact the environment, see  1.1307 of this chapter, an environmental assessment as defined in  1.1311 of this chapter must be submitted with the application. Section 5.55 Filing of applications. (a) To assure that necessary information is supplied in a consistent manner by all persons, standard forms are prescribed for use in connection with the majority of applications and reports submitted for Commission consideration. Standard numbered forms applicable to the Experimental Radio Service are discussed in  5.59 and may be obtained by calling the FCC FORMS hotline, (202) 418FORM. If no standard form is applicable, the informal application procedure outlined in  5.59 (f) should be followed. (b) Any application for radio station authorization and all correspondence relating thereto shall be submitted to the Commission's Office of Engineering and Technology, Washington, DC 20554. (Applications requiring fees as set forth in Part 1, Subpart G of this chapter must be filed in accordance with  0.401(b) of the rules.) (c) Each application for station authorization shall be specific and complete with regard to station location, proposed equipment, power, antenna height, and operating frequency; and other information required by the application form and this part. (d) Applications involving temporary operation: When an experimental program is expected to last no more than six months, its operation shall be considered temporary and the special temporary authorization procedure outlined in  5.61 shall apply.  S %' Section 5.57 Who may sign applications."%&0*&&UU$"Ԍ (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 thereof, 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 of his/her absence from the United States. The attorney shall in that event 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 belief only (rather than his/her knowledge), he/she shall separately set forth 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 submitted 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. (e) "Signed," as used in this section, means an original handwritten signature; however, the Office of Engineering and Technology may allow signature by any symbol executed or adopted by the applicant with the intent that such symbol be a signature, including symbols formed by computergenerated electronic impulses. Section 5.59 Forms to be used.  Sx' (a) Application for experimental radio license. Entities requesting an experimental authorization must submit FCC Form 442 (application). A single FCC Form 442 may be used for several radio components of an experimental program, however, unrelated experimental programs should be filed on separate applications.  S' (b) Application for modification of experimental license. An application for modification of experimental authorization shall be submitted on FCC Form 442. A blanket application may be submitted for modification of a group of authorizations of the same class as long as the scope of the modifications are specified in the application. The individual authorizations covered by such an application shall be clearly identified therein. However, application for modification to change location of an experimental authorization shall be filed as a separate application.  S ' (c) Application for renewal of experimental authorization. Application for renewal of station license shall be submitted on FCC Form 405. A blanket application may be submitted for renewal of a group of station licenses in the same class in those cases in which the renewal requested is in exact accordance with the terms of the existing authorizations. The individual stations covered by such applications shall be clearly identified thereon. Unless otherwise directed by the Commission, each application for renewal of license shall be filed at least 60 days prior to the expiration date of the license to be renewed."%&0*&&UU$"Ԍ S' (d) Application for consent to assign an experimental authorization. Application on FCC Form 702 shall be submitted when the legal right to construct or to control the use and operation of a station is to be transferred as a result of a voluntary act (contract or other agreement) or an involuntary act (death or legal disability) of the grantee of a station authorization or by involuntary assignment of the physical property constituting the station under a court decree in bankruptcy proceedings, or other court order, or by operation of law in any other manner. Such application must be accompanied by the FCC Form 442 of which only the certification need be signed by the proposed assignee. No other information is required to be submitted on this form.  S' (e) Application for consent to transfer control of Corporation holding experimental authorization. Application for consent to transfer control shall be submitted on FCC Form 703 whenever it is proposed to change the control of a corporation holding a station authorization.  SL ' (f) Informal application. (1) An application not submitted on a standard form prescribed by the Commission is considered to be an informal application. Each informal application shall be submitted normally in letter form, and with the original signed in accordance with  5.57. Each application shall be clear and complete within itself as to the facts presented and the action desired. (2) An informal application for authority to operate transmitting equipment will be accepted only under the conditions set forth for special temporary authorizations in  5.61. Section 5.61 Procedure for obtaining a special temporary authorization. (a) The Commission may issue a special temporary authorization under this part in cases in which a need is shown for operation of a station for six months or less, provided such operation is not in conflict with the Commission's rules in this part. In cases in which an applicant sets forth compelling reasons why a special temporary authorization must be granted expeditiously, preference will be given to processing the application. (b) Extensions of a special temporary authorization will be granted provided that an application for a regular experimental license has been filed at least 15 days prior to the expiration of the licensee's temporary authority. When such an application is timely filed, operations may continue in accordance with the other terms and conditions of the temporary authority pending disposition of the application, unless the applicant is notified otherwise by the Commission. (c) An application for special temporary authorization may be filed as an informal application in the manner prescribed by  5.59(f) and shall contain the following information: (1) Name, address, phone number (also email address and facsimile number, if available) of the applicant. (2) Description of why an STA is needed. (3) Description of the operation to be conducted and its purpose. (4) Time and dates of proposed operation. 4 <DL!T$&)\+- 0d24Xr` hp x (#%'0*,.8135@8: