the proposed use, need, and desirability of the cable; and such other information as may be necessary to enable the Commission to act thereon. A separate application shall be filed with respect to each individual cable system for which a license is requested, or for which modification or amendment of a previous license is requested, and each such application shall be accompanied by a nonrefundable fee of $100.

(b) These applications are acted upon by the Commission after obtaining the approval of the Secretary of State and such assistance from any executive department or establishment of the Government as it may require.

(c) Original files relating to submarine cable landing licenses and applications for licenses since June 30, 1934, are kept by the Commission. Such applications for licenses (including all documents and exhibits filed with and made a part thereof, with the exception of any maps showing the exact location of the submarine cable or cables to be licensed) and the licenses issued pursuant thereto, with the exception of such maps, shall, unless otherwise ordered by the Commission, be open to public inspection in the offices of the Commission in Washington, D.C.

(d) Original files relating to licenses and applications for licenses for the landing operation of cables prior to June 30, 1934, were kept by the Department of State, and such files prior to 1930 have been transferred to the Executive and Foreign Affairs Branch of the General Records Office of the National Archives. Requests for inspection of these files should, however, be addressed to the Federal Communications Commission Washington, D.C., 20554; and the Commission will obtain such files for a temporary period in order to permit inspection at the offices of the Commission. TARIFFS

§ 1.771 Filing.

Schedules of charges, and classifications, practices, and regulations affecting such charges, required under section 203 of the Communications Act shall be constructed, filed, and posted in accordance with and subject to the requirements of Part 61 of this chapter.

§ 1.772 Application for special tariff permission.

Applications under section 203 of the Communications Act for special tariff

permission shall be made in the form and manner, with the number of copies and accompanied by the fees shown in Part 61 of this chapter.

§ 1.773 Petitions for suspension of tariff schedules.

(a) Content. A petition for suspension of a new tariff schedule or any provision thereof shall indicate the schedule affected by its Federal Communications Commission number and give specific reference to the items against which protest is made, together with a statement of the grounds thereof.

(b) When filed. A petition for suspension will not ordinarily be considered unless made in writing and filed with the Commission and served upon the publishing carrier at least 10 days before the effective date of the tariff schedule. In case of emergency and within the time limits herein provided, a telegraphic request for suspension may be sent to the Commission. The request shall set forth succinctly the substance of the matters required by paragraph (a) of this section. A copy of the request shall be sent to the publishing carrier. Such telegraphic request must be forthwith confirmed by petition filed and served in accordance with this section.

(c) Reply. A publishing carrier may reply to a petition for suspension, but such reply should be filed with the Com< mission and served upon petitioner within 3 days after service of the petition for suspension.

(d) Copies; service. An original and 14 copies of each petition or reply must be filed with the Commission, and one copy must be simultaneously served upon the publishing carrier or each petitioner, as the case may be.

CONTRACTS, REPORTS, AND

REQUESTS REQUIRED TO BE FILED BY CARRIERS § 1.781 Requests for extension of filing time.

Requests for extension of time within which to file contracts, reports, and requests referred to in §§ 1.783 through 1.814 shall be made in writing and may be granted for good cause shown. CONTRACTS

§ 1.783 Filing.

Copies of carrier contracts, agreements, concessions, licenses, authorizations or other arrangements, shall be filed as required by Part 43 of this chapter.

FINANCIAL AND ACCOUNTING REPORTS AND REQUESTS

§ 1.785 Annual financial reports.

(a) Annual financial reports shall be filed by carriers and affiliates as required by Part 43 of this chapter on the following forms:

(1) Form H (holding companies who do not report to the Commission in the manner prescribed in paragraph (b) of this section).

(2) Form L (licensees in the domestic public land mobile radio services who do not report to the Commission on Annual Report Form M).

(3) Form M (telephone companies, classes A and B).

(4) Form O (wire-telegraph and ocean-cable carriers, classes A and B). (5) Form R (radiotelegraph carriers, classes A and B).

(b) Verified copies of annual reports filed with the Securities and Exchange Commission on its Form 10-K, Form 1-MD, or such other form as may be prescribed by that Commission for filing of equivalent information, shall be filed annually with this Commission by each person directly or indirectly controlling any communications common carrier in accordance with Part 43 of this chapter.

(c) Carriers having separate departments or divisions for carrier and noncarrier operations shall file separate supplemental annual reports with respect to such carrier and non-carrier operations in accordance with Part 43 of this chapter.

1.786 Monthly financial reports.

Monthly reports of revenues, expenses, and other items shall be filed by carriers as required by Part 43 of this chapter on the following forms:

PCC Form 901-Telephone.

FCC Form 903-Radiotelegraph and Oceancate

PCC Form 905-Wire-telegraph. 11.787 Reports of proposed changes in depreciation rates.

Carriers shall file reports regarding proposed changes in depreciation rates as required by Part 43 of this chapter. 1.788 Reports regarding pensions and benefits.

Carriers shall file reports regarding Pensions and benefits as required by Part 43 of this chapter.

§ 1.791

Reports and requests to be filed under Part 31 of this chapter.

Reports and requests shall be filed either periodically, upon the happening of specified events, or for specific approval by class A and class B telephone companies in accordance with and subject to the provisions of Part 31 of this chapter. § 1.792 Reports and requests to be filed under Part 33 of this chapter.

Reports and requests shall be filed either periodically, upon the happening of specified events, or for specific approval, by class C telephone companies in accordance with and subject to the provisions of Part 33 of this chapter.

§ 1.793 Reports and requests to be filed under Part 34 of this chapter.

Reports and requests shall be filed either periodically, upon the happening of specified events, or for specific approval, by radiotelegraph carriers in accordance with and subject to the provisions of Part 34 of this chapter. § 1.794

Reports and requests to be filed under Part 35 of this chapter. Reports and requests shall be filed either periodically, upon the happening of specified events, or for specific approval, by wire-telegraph and oceancable carriers in accordance with and subject to the provisions of Part 35 of this chapter.

SERVICES AND FACILITIES REPORTS

§ 1.801 Reports regarding telegraph carrier services.

Telegraph carriers shall file descriptions of their services as required by Part 43 of this chapter.

§ 1.803

Reports relating to reduction in temporary experimental service.

As required in Part 63 of this chapter, carriers shall report reductions in service which had previously been expanded on an experimental basis for a temporary period.

§ 1.804 Reports regarding domestic telegraph speed of service.

The Western Union Telegraph Company shall furnish monthly reports under Subpart B of Part 64 of this chapter in regard to origin to destination speed of service on F.C.C. Form 338-B and any additional recurring monthly speed of service reports prepared by the telegraph company, together with copies of related instructions issued by the company to its field offices, in accordance with Part 64 of this chapter.

§ 1.805 Reports relating to service by carriers engaged in public radio service operations.

A

Monthly and quarterly reports must be filled with the Commission in connection with certain fixed public radio service operations. No form is prescribed. complete description of the contents of these reports is contained in Part 23 of this chapter.

MISCELLANEOUS REPORTS

§ 1.811 Reports regarding amendments to charters, by-laws and partnership agreements of carriers engaged in domestic public radio services.

Amendments to such documents shall be reported and filed in accordance with Part 21 of this chapter.

§ 1.812 Reports regarding premature destruction of records.

Pursuant to the requirements of Part 42 of this chapter, carriers shall file reports relating to the premature destruction of records.

§ 1.813 Reports of negotiations regarding foreign communication matters. Pursuant to the requirements of Part 43 of this chapter, carriers engaging or

This subpart is applicable to all services listed in Parts 81-99 of this chapter, except that rules involving common carriers concerning complaints, tariffs, applications and reports required under Title II of the Communications Act are set forth in subpart E of this part. (For additional information relative to applications, see the rules in this chapter relating to each of the respective services.) In case of any conflict or inconsistency between the rules set forth in this subpart and the rules for the specific services enumerated in this section, the former shall govern.

GENERAL FILING REQUIREMENTS

§ 1.911

Applications required.

(a) Except as provided in paragraph (b) of this section, construction permits as defined in section 3 (dd) of the Communications Act of 1934, as amended; station licenses as defined in section 3 (bb) of the Communications Act; operator licenses or modifications or renewals thereof; assignments of construction permits or station licenses or any rights thereunder; and consent to transfer control of a corporation holding a construction permit or license, shall be granted only upon written and signed application.

(b) In cases (1) of an emergency found by the Commission involving danger to life or property or due to damage to equipment, or (2) of a national emergency proclaimed by the President or declared by the Congress and during the continuance of any war in which the

1 Amended, 29 F.R. 9387, July 9, 1964.

United States is engaged, when such action is necessary for the national defense or security or otherwise in furtherance of the war effort, or (3) of emergency where the Commission finds, in these services, that it would not be feasible to secure renewal applications from existing licensees or otherwise to follow normal licensing procedure, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, without the filing of a formal application; but no such authorization shall be granted for or continue in effect beyond the period of the emergency or war requiring it. The procedure to be followed for requests submitted under the provisions of this paragraph is the same as for obtaining special temporary authority under § 1.925.

(c) In case of vessels at sea, the Commission may issue by cable, telegraph, or radio a permit for the operation of a station until the vessel returns to a port of the continental United States.

(d) Canadian licensees desiring to operate in the United States under the terms of Articles 2 and 3 of the Convention between the United States and Canada concerning Operation of Certain Radio Equipment or Stations (which entered into force May 15, 1952) shall make application upon FCC Form 410, which shall be filled with the Secretary, Federal Communications Commission, Washington, D.C., 20554. Forms may be obtained from the FCC Secretary, any field office of the Commission, or from the Controller of Telecommunications, Department of Transport, Ottawa, Canada.

(e) An alien amateur desiring to operate in the United States under provisions of sections 303 (1) (2) and 310(a) of the Communications Act of 1934, as amended, and under the terms of a bilateral agreement in force between his country and the United States concluded pursuant to the provisions of Public Law 88-313, shall make application on FCC Form 610-A, which shall be filed with the Secretary, Federal Communications Commission, Washington, D.C., 20554. Forms may be obtained from the Secretary, any field office of the Commission and, in some instances, from United States missions abroad.

-Sec 308, 48 Stat. 1084, as amended; 47 C&c. 308) [28 F.R. 12454, Nov. 22, 1963, as amended at 30 FR. 2706, Mar. 3, 1965]

Form filed as part of original document.

§ 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 § 0.121 of this chapter.

(b) All applications (except those for renewal of station license) for authority to establish or operate stations (other than ship stations) covered by Part 85 of this chapter, "Public Fixed Stations and Stations of the Maritime Services in Alaska", including correspondence relating thereto, shall be filed in triplicate with the Commission's Engineer in Charge at Seattle, Washington.

(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, when accompanied by requests for interim ship station licenses, be filed in accordance with § 83.35 of this chapter and presented in person by applicants or their agents at the nearest field office of the Commission as shown in § 0.121 (a) and (b) of this chapter, or at the Commission's main office in Washington, D.C.: Provided, That, as an alternative procedure, an applicant, in Alaska, for such a ship station license may submit an application by mail to the Commission's Field Engineering Office at Anchorage, Alaska, when accompanied by a written request for an interim ship station license. Applications for renewal of ship station licenses are not subject to the provisions of this paragraph.

(d) All formal applications for Class B, Class C, or Class D station licenses in the Citizens Radio Service shall be mailed to, or filed in person at, the Commission's office at 334 York Street, Gettysburg, Pa., 17235. Any special requests or applications for special temporary authority concerning a Class B, C, or D station and all applications for Class A station licenses shall be filed in accordance with paragraph (e) of this section.

(e) All other applications shall be filled with the Commission's offices in Washington as follows:

(1) Applications submitted by mail shall be addressed to:

Federal Communications Commission, Washington, D.C., 20554.

(2) Hand-carried applications accompanied by fees shall be delivered to: Mail and Files Division, Office of Executive Director, New Post Office Building, 13th Street and Pennsylvania Avenue NW., Washington, D.C. (3) Hand-carried applications not accompanied by fees shall be delivered

to:

Office of the Secretary, New Post Office Building, 13th Street and Pennsylvania Avenue NW., Washington, D.C.

(Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308) [28 F.R. 12454, Nov. 22, 1963, as amended at 29 F.R. 12371, Aug. 28, 1964]

§ 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, 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 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 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 state

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)

§ 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 such application with prejudice, or revoked the license for a radio station in the Safety and Special 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.