§ 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 designation of such application for hearing merely by filing the appropriate number of copies of the amendments in question duly executed. (c) The Commission (or the presiding officer, if the application has been designated for hearing) may, upon its own motion or upon motion of any 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. (Sec. 308, 48 Stat. 1084, as amended; 47 USC. 308) [28 FR. 12454, Nov. 22, 1963, as amended at 29 F.R. 6445, May 16, 1964] APPLICATION FORMS AND PARTICULAR FILING REQUIREMENTS §1.921 Procedure for obtaining a radio station authorization 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 Safety and Special Radio Services Bureau is contained in § 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 reguar operation. Reference should be made to the specific service regarding these provisions. Sec. 308, 48 Stat. 1084, as amended; 47 tac 308) 480 481 482 501 502 505 525 610 Application for Civil Air Patrol Radio Station Authorization. Application for Authority to Operate Certification of Civil Defense Radio Application for Ship Radio Station Application for Ship Radiotelephone Application for Class B, C, or D Station License in the Citizens Radio Service. Application for Disaster Communications Radio Station Construction Permit and License. Application for amateur radio station and/or operator license. 610-A Application of Alien Amateur Radio Licensee for Permit to Operate in the United States. FCC Form 714 820 Title Supplement to Application for New or Modified Radio Station Authorization (concerning antenna structure notification to FAA). Application for Exemption from Ship Radio Station Requirements. (Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308) [28 F.R. 12454, Nov. 22, 1963, as amended at 28 FR. 14503, Dec. 31, 1963; 29 F.R. 9387, July 9, 1964; 29 F.R. 13816, Oct. 7, 1964; 30 F.R. 2446, Feb. 25, 1965; 30 F.R. 2706, Mar. 3, 1965; 30 F.R. 6779, May 19, 1965; 30 F.R. 12779, Oct. 7, 1965] § 1.923 Construction permits. A construction permit is not required for mobile radio stations or for any station in the Amateur Radio Service. Furthermore, a construction permit is not required for stations in the Maritime, Aviation, Public Safety, Industrial, Land Transportation, Citizens Radio, or Disaster Communications Services except for the following categories within these services (other than mobile) for which construction permits are required: (a) Operational fixed stations; (b) Land radiopositioning stations in the industrial radiolocation service; (c) Public coast stations and limited Class I and Class II coast stations; (d) Shore radiolocation, shore radionavigation, and shore radar stations; (e) Alaskan public fixed stations; and (f) Any station involving the erection of a new antenna or changes in an existing antenna if: (1) The antenna structure proposed to be erected will exceed an over-all height of 170 feet above ground level, except where the antenna is mounted on top an existing man-made structure other than an antenna structure, and does not increase the over-all height of such manmade structure by more than 20 feet; or (2) The antenna structure proposed to be erected will exceed an over-all height of one foot above an established airport (landing area) elevation for each 200 feet of distance, or fraction thereof, from the nearest boundary of such landing area, except where the antenna does not exceed 20 feet above the ground or where the antenna is mounted on top an existing man-made structure, other than an antenna structure, or natural formation and does not increase the over-all height of such man-made structure or natural formation by more than 20 feet. (Sec. 319, 48 Stat. 1089, as amended; 47 U.S.C. 319) § 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 subparagraph (2) of this paragraph, 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), Citizens, 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. (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: (1) FCC Form 400: for assignment of station authorization in services under Parts 89, 91, and 93 of this chapter, except as provided in subdivision (ii) of this subparagraph. 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. (ii) FCC Form 402: for assignment of an authorization for fixed stations in the Safety and Special Radio Services using frequencies above 952 Mc/s (so-called 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 subdivision (ii) of this subparagraph. (iv) FCC Form 505: for consent to transfer control of a corporation holding a Class B, Class C, or Class D station license in the Citizens Radio Service. (FCC Form 400 shall be used for consent to transfer control of a corporation holding a Class A station license in the Citizens Radio Service.) (v) FCC Form 702: for assignment of licenses or construction permits of all other types. (vi) FCC Form 703: for consent to transfer control of a corporation holding any other 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 licensee, 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 AmaSeur. Aviation (aircraft), Citizens, and Maritime (ship) Radio Services, involntary assignment of licenses will not be made, such licenses shall be surrendered for cancellation upon the death or legal 4: ability of the licensee. 310, 48 Stat. 1086, as amended; 47 CAC 310) 1.925 Application for special temporary authorization. (a) Special temporary authority may be granted to install and operate new quipment, or to operate a licensed staon in a manner and to an extent or for service other or beyond that authorized n an existing license, upon proper apPucation therefor. No such request will be considered unless full particulars as to the purpose for which the request 4 made are stated and unless the request is received by the Commission at least 10 days prior to the date of proposed peration. 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 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 purchasers of a new aircraft with factory-installed radio equipment may operate the radio station on the aircraft for a period of 30 days under Special Temporary Authority evidenced by a copy of a certificate (FCC Form 453B) executed by the manufacturer, dealer, or distributor, the original of which has been mailed to the Commission with the formal application for station license. § 1.926 Application for renewal of li cense. (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, an amateur station license, or a combined amateur operator-station license shall be filed on FCC Form 610. (2) [Reserved] (3) Application for renewal of authorization to operate an amateur station in the Radio Amateur Civil Emergency Service (RACES) shall be filed on FCC Form 481-1 and shall be submitted concurrently with the application for renewal of the basic amateur radio station license. (4)-(8) [Reserved] (9) Application for renewal of ship radiotelephone and/or radionavigation station license shall be filed on FCC Form 502, except for radiotelephone stations required by Title III, Part II of the Communications Act of 1934, as amended, or the Safety of Life at Sea Convention; or except where the applicant is also the licensee of radiotelegraph equipment aboard the vessel. In the case of the exceptions listed in the preceding sentence, application for renewal of a ship station license shall be filed on FCC Form 501. Applications for renewal of ship radiotelegraph station license only shall be filed on FCC Form 501. (10) Application for renewal of Class B, Class C, or Class D station license in the Citizens Radio Service shall be submitted on FCC Form 505. (11) Application for renewal of Class A station license in the Citizens Radio Service shall be submitted on FCC Form 400. (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. (Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308) [28 F.R. 12454, Nov. 22, 1963, as amended at 28 F.R. 14503, Dec. 31, 1963; 29 F.R. 3229, Mar. 11, 1964; 30 F.R. 2446, Feb. 25, 1965; 30 F.R. 9315, July 27, 1965] § 1.927 Application for ship radio inspection or periodical survey of ships subject to compulsory radio require ments. (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 radio district office nearest the desired port of inspection (see § 0.121 of this chapter). (b) Applications for periodical survey as required by Article 11 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 radio district office nearest the desired place of survey (see § 0.121 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 radio district 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 Form 812 entitled "Application for Periodical Inspection (Communications Act, Title III, Part III)." This form should be forwarded to the Engineer in Charge of the radio district office nearest the desired port of inspection (see § 0.121 of this chapter). (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 F.R. 12454, Nov. 22, 1963, as amended at 30 F.R. 6779, May 19, 1965] § 1.928 Procedure with respect to appli cations for ship radio inspection or periodical survey. After the following applications are accepted for filing, the Engineer in Charge of the radio district 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 F.R. 12454, Nov. 22, 1963, as amended at 30 F.R. 6779, May 19, 1965] § 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 US C. 352; and sec. 170 Stat. 1047, 47 U.S.C 383) [30 F.R. 6779, May 19, 1965] § 1.930 Application for temporary waiver of annual inspection. 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) § 1.931 Application for extension of construction permit. (a) A construction permit shall be automatically forfeited if the station is not ready for operation within the time specified therein or within such further time as the Commission may have allowed for completion, and 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. (b) Application for extension of time within which to construct a station in the Public Safety, Industrial, and Land Transportation Radio Services shall be submitted on FCC Form 400 or on FCC Form 402, as appropriate; in the Aviation Services, on FCC Form 406, except C.vil Air Patrol applications which shall use FCC Form 480; in the case of Class A stations in the Citizens Radio Service, on FCC Form 400; and in all other services, on FCC Form 701. Such applicaton shall be filed at least 30 days prior to the expiration date of the construction permit if the facts supporting such application for extension are known to the applicant in time to permit such thing. In other cases such applications will be accepted upon a showing satisfactory to the Commission of sufficient reasons for filing within less than 30 days prior to the expiration date. Such applications will be granted upon a specific and detailed showing that the faure to complete was due to causes not under the control of the grantee, or upon a specific and detailed showing of other matters sufficient to justify the extension. (Sec. 319, 48 Stat. 1089, as amended; 47 U.S.C. 319) § 1.932 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 eight months from the date of grant, the authorization shall be invalid and must be returned to the Commission for cancellation. § 1.933 Installation or removal of ap paratus. (a) In the Public Safety, Industrial, and Land Transportation Radio Services, replacement of transmitting equipment may be made without prior authorization: Provided, The replacement transmitter appears in the Commission's "Radio Equipment List, Part C" as designated for use in the Public Safety, Industrial, and Land Transportation Radio Services, and the substitute equipment employs the same type of emission and does not exceed the power limitation as set forth in the station authorization. (b) In the Citizens Radio Service, replacement of transmitting equipment may be made without prior authorization: Provided, The replacement transmitter appears in the Commission's "Radio Equipment List, Part C" as designated for use in the Citizens Radio Service or, in the case of a Class C or Class D station using crystal control, the substitute equipment is crystal controlled: Provided, further, That the substitute equipment employs the same type of emission and does not exceed the frequency tolerance and power limitations prescribed for the particular class of station involved. § 1.934 Procedure with respect to amateur radio operator license. After an application for an amateur radio operator license is accepted and an examination is conducted in accordance with § 97.27 of this chapter, the examination is graded by the office supervising the examination. The results of the examination are forwarded to Washington, and if the applicant is successful, a license is issued by the Safety and Special Radio Services Bureau. |