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utilities subject to the jurisdiction of either commission. The commission desiring a conference upon any such matter should notify the other without delay, and thereupon the Federal Commission will promptly arrange for a conference in which all interested State commissions will be invited to be present. PROCEDURE GOVERNING MATTERS REFERRED TO A BOARD

Whenever the Federal Commission, either upon its own motion or upon the suggestion of a State commission, or at the request of any interested party, shall determine that it is desirable to refer a matter arising in the administration of the Communications Act of 1934 to a board to be composed of a member or members from the State or States affected or to be affected by such matter, the procedure shall be as follows:

The Federal Commission will send a request to each interested State commission to nominate a specified number of members to serve on such board.

The representation of each State concerned shall be equal, unless one or more of the States affected chooses to waive such right of equal representation. When the member

members of any board have been nominated and appointed, in accordance with the provisions of the Communications Act of 1934, the Federal Commission will make an order referring the particular matter to such board, and such order shall fix the time and place of hearing, define the force and effect the action of the board shall have, and the manner in which its proceedings shall be conducted. The rules of practice and procedure, as from time to time adopted or prescribed by the Federal Commission, shall govern such board, as far as applicable.

PROCEDURE GOVERNING JOINT HEARINGS Whenever the Federal Commission, either pon its own motion or upon suggestions made by or on behalf of any interested State commission or commissions, shall determine that a joint hearing under said Sec.

b) is desirable in connection with any Atter pending before said Federal Commisthe procedure shall be as follows:

The Federal Commission will notify the general solicitor of the National Association of Railroad and Utilities Commissioners that said Association, or, if not more than h: States are within the territory affected by the proceeding, the State commissions rested, are invited to name Cooperating Commarioners to sit with the Federal Com

advice to him in writing, before a date to be indicated by him in his communication requesting such advice (1) whether such commission will cooperate in said proceeding, (2) if it will, by what commissioner it will be represented therein.

(c) Upon the basis of replies received, the general solicitor shall advise the Federal Commission what States, if any, are desirous of making the proceeding cooperative and by what commissioners they will be represented, and he shall give like advice to each State commission interested therein.

(d) If more than eight States are interested in the proceeding, because within territory for which rates will be under consideration therein, the general solicitor shall advise the president of the association that the association is invited to name a cooperating committee of State commissioners representing the States interested in said proceeding.

The president of the association shall thereupon advise the general solicitor in writing (1) whether the invitation is accepted on behalf of the association, and (2) the names of commissioners selected to sit as a cooperating committee. The president of the association shall have authority to accept or to decline said invitation for the association, and to determine the number of commissioners who shall be named on the cooperating committee, provided that his action shall be concurred in by the chairman of the association's executive committee. In the event of any failure of the president of the association and chairman of its executive committee to agree, the second vice president of the association (or the chairman of its committee on cooperation between State and Federal commissions, if there shall be no second vice president) shall be consulted, and the majority opinion of the three shall prevail. Consultations and expressions of opinion may be by mail or telegraph.

(e) If any proceeding, involving more than eight States, is pending before the Federal Commission, in which cooperation has not been invited by that Commission, which the association's president and the first and second vice presidents, or any two of them, consider should be made a cooperating proceeding, they may instruct the general solicitor to suggest to the Federal Commission that the proceeding be made a cooperative proceeding; and any State commission considering that said proceeding should be made cooperative may request the president of the association or the chairman of its executive committee to make such suggestion after consideration with the executive officers above named. If said Federal Commission shall assent to the suggestion, ceral solicitor shall at once advise the made as aforesaid, the president of the assoState commissions of said States, they being ciation shall have the same authority to propresented in the membership of the assoceed, and shall proceed in the appointment Cation of the receipt of such notice, and of a cooperating committee, as is provided shail request each such commission to give in other cases involving more than eight

on for the hearing and consideration of said proceeding.

Upon receipt of any notice from said Federal Commission inviting cooperation, if ot more than eight States are involved,

States, wherein the Federal Commission has invited cooperation, and the invitation has been accepted.

(f) Whenever any case is pending before the Federal Commission involving eight States or less, which a commission of any of said States considers should be made cooperative, such commission, either directly or through the general solicitor of the association, may suggest to the Federal Commission that the proceeding be made cooperative. If said Federal Commission accedes to such suggestion, it will notify the general solicitor of the association to that effect and thereupon the general solicitor shall proceed as is provided in such case when the invitation has been made by the Federal Commission without State commission suggestion. APPOINTMENT OF COOPERATING COMMISSIONERS BY THE PRESIDENT

In the appointment of any cooperating committee, the president of the association shall make appointments only from commissions of the States interested in the particular proceeding in which the committee is to serve. He shall exercise his best judgment to select cooperating commissioners who are especially qualified to serve upon cooperating committees by reason of their ability and fitness; and in no case shall he appoint a commissioner upon a cooperating committee until he shall have been advised by such commissioner that it will be practicable for him to attend the hearings in the proceeding in which the committee is to serve, including the arguments therein, and the cooperative conferences, which may be held following the submission of the proceeding, to an extent that will reasonably enable him to be informed upon the issues in the proceeding and to form a reasonable judgment in the matters to be determined.

TENURE OF COOPERATORS

(a) No State commissioner shall sit in a cooperative proceeding under this plan except a commissioner who has been selected by his commission to represent it in a proceeding involving eight States or less, or has been selected by the president of the association to sit in a case involving more than eight States, in the manner hereinbefore provided.

(b) A commissioner who has been selected, as herein before provided, to serve as a member of a cooperating committee in any proceeding, shall without further appointment, and without regard to the duration of time involved, continue to serve in said proceeding until the final disposition thereof, including hearings and conferences after any order or reopening, provided that he shall continue to be a State commissioner.

(c) No member of a cooperating committee shall have any right or authority to designate another commissioner to serve in his place at any hearing or conference in any proceeding in which he has been appointed to serve.

(d) Should a vacancy occur upon any cooperating committee, in a proceeding involving more than eight States, by reason of the death of any cooperating commissioner, or of his ceasing to be a State commissioner, or of other inability to serve, it shall be the duty of the president of the association to fill the vacancy by appointment, if, after communication with the chairman of the cooperating committee, it be deemed necessary to fill such vacancy.

(e) In the event of any such vacancy occurring upon a cooperating committee involving not more than eight States, the vacancy shall be filled by the commission from which the vacancy occurs.

COOPERATING COMMITTEE TO DETERMINE RESPECTING ANY REPORT OF STATEMENT OF ITS ATTITUDE

(a) Whenever a cooperating committee shall have concluded its work, or shall deem such course advisable, the committee shall consider whether it is necessary and desirable to make a report to the interested State commissions, and, if it shall determine to make a report, it shall cause the same to be distributed through the secretary of the association, or through the general solicitor to all interested commissions.

(b) If a report of the Federal Commission will accompany any order to be made in said proceeding, the Federal Commission will state therein the concurrence or nonconcurrence of said cooperating committee in the decision or order of said Federal Commission. CONSTRUCTION HEREOF IN CERTAIN RESPECTS EXPRESSLY PROVIDED

It is understood and provided that no State or States shall be deprived of the right of participation and cooperation as herein before provided because of nonmembership in the association. With respect to any such State or States, all negotiations herein specified to be carried on between the Federal Commission and any officer of such association shall be conducted by the Federal Commission directly with the chairman of the commission of such State or States.

[28 F.R. 12462, Nov. 22, 1963, as amended at 29 F.R. 4801, Apr. 4, 1964]

APPENDIX B-INTERPRETATIONS OF FEE RULES

AND PROCEDURES

Implementation of the Commission's schedule of filing fees has resulted in a number of questions requiring interpretations of the rules and administrative procedures applicable to the fee schedule. In view of the fact that many of these interpretations should serve as useful guidance to the general public, periodic releases of such interpretations are being made. The questions and interpretations which have been released are set forth below. Further information relative to the fee schedule may be obtained by reference to the folder on fees

maintained in the Broadcast and Docket Reference Room of the Commission's offices at Washington, D.C.

64-1. Question. An application is originally submitted before the effective date of the fees but is returned to the applicant as incomplete. If the corrected application is resubmitted after the effective date of the fee schedule, will the prescribed fee be required? Interpretation. Applications which were originally submitted before the effective date of the fee schedule and returned for corrections etc., will not be required to be accompanied by the prescribed fee when resubmitted subsequent to the effective date of the fee schedule. However, if the resubmission is made on a new form, the original application must be enclosed to verify that the original application was submitted before the effective date of the fee schedule.

64-2. Question. Will refunds be made to the applicant or to the attorney, manufacturer, or other representative who might have submitted payment?

Interpretation. All refunds will be made payable to the applicant, irrespective of the fact that payment of the fee may have been received from an attorney, manufacturer, or other representative.

64-3. Question. Will applications receive a preliminary screening to determine whether the appropriate fee has been paid, or will this determination be made only after the application has awaited its turn in the processing line?

Interpretation. Applications will be acreened upon receipt in the processing divaion to determine whether the appropriate fee has been paid. The application will not take its place on the processing line until the ful amount of the prescribed fee has been paid.

64-4. Question. When will fee credit be accorded to an applicant?

Interpretation. Fee credit will be accorded ly in those instances where the application is returned for additional information

corrections. e.g., the application is undated or unsigned, applicable questions are answered, inconsistency in spelling of ames, necessary frequency coordination mmittee letter has been omitted, etc. However, the fact that a fee credit will be wed upon the resubmission of an appliin which has been returned as incompete will not be construed to mean that the Tal application was accepted for filing.)

redit will be accorded an applicant whose appiration has been dismissed, e.g., the apSent is not eligible for a license in the Mice in which he has applied, or the appliat has requested dismissal. See § 1.1103 1 of the rules.

4- Question. An application for a radio

se is returned to the applicant for corTen after the fee has been paid. Apat decides to abandon his application,

Le either gives or sells his returned apPucation bearing the fee payment stamp to

a friend. The friend then applies for the same type of radio license enclosing the first applicant's returned application as credit towards the prescribed fee. Will the Commission accept this as payment?

Interpretation. The fee credit accorded to an applicant in connection with the resubmission of an application is a credit extended to the applicant of record and is not transferable to another party. Therefore, the application bearing the fee payment stamp is not acceptable as payment in this instance, and the second applicant must submit the appropriate fee with his application.

64-6. Question. Who must pay the fee required to accompany applications in the Broadcast Services for assignment of license or transfer of control?

Interpretation. The rules require only that such applications be accompanied by the prescribed fee. The parties involved in the assignment or transfer must determine amongst themselves how the fee should be paid. If both parties to the application are exempt under § 1.1111(b) of the rules, no fee will be required. However, where only one party may be exempt under § 1.1111(b), the application must be accompanied by the full amount of the prescribed fee.

64-7. Question. A licensee in the Industrial Radio services holds a license for a base mobile system in a particular area. He subsequently applies for an additional base station in the same area to communicate with the same mobile units. Commission procedures require that he also file one application for the existing base station and one for a license to cover the existing group of mobile units. Will the applicant be required to pay fees for each of the three applications which are required?

Interpretation. The applicant will be required to submit the prescribed fee with each of the three applications. By applying for an additional base station, the applicant is concurrently modifying his existing base station license and applying for a license to cover his group of mobile stations (where more than one base station serves a group of mobile stations, the mobile stations must be covered by a separate license).

64-8. Question. Will a fee be required to accompany an application to modify an aircraft station license to add crash beacon equipment?

Interpretation. Under §§ 1.1115(a) and 87.53 (a) of the Commission's rules, all applications for modification of an aircraft station license must be accompanied by the prescribed fee. However, under the Commission's rules, an initial application for an aircraft station license can include crash beacon equipment even though the applicant may not plan to install the beacon equipment at the time the license is issued. 64-9. Question. Will the holder of a Novice, Technician, or Conditional Class Amateur license who is required to appear for an addi

tional examination pursuant to § 97.35 of the rules be required to pay a fee?

Interpretation. No fee will be required with respect to examinations held pursuant to 97.35 of the rules because no application is involved. Furthermore, in no event will the holder of a Novice Class license be required to pay an application filing fee. See §§ 1.1115(b) (6) and 97.55(b) of the rules, wherein Novice Class licensees are exempted from the payment of fees.

64-10. Question. Will fees be required for amendments to applications?

Interpretation. No fee will be required for an amendment to an application provided that the amendment does not constitute, in effect, a new application. However, if an application, as amended, would require a higher fee than originally paid, an amount equal to the difference must accompany the amendment. (E.g., an applicant files for a base mobile license in the Business Radio Service and pays the prescribed $10 fee. He then submits an amendment to his application to request, instead, an authorization for an operational fixed microwave radio station in the same radio service. Therefore, he must accompany his amendment with a $20 fee, the difference between the original fee paid and the $30 fee prescribed for applications for operational fixed microwave station authorizations.)

64-11. Question. When will an amendment be considered as a new application for purposes of the fee schedule?

Interpretation. In determining when an amendment will be considered a new application for purposes of the fee schedule, the following guide lines will be used:

a. In the Common Carrier Services and the Public Safety, Industrial, and Land Transportation Services, an amendment will be considered a new application if it changes the original application to another radio service, e.g., from the Rural Radio Service to the Domestic Public Land Mobile Radio Service, or from the Special Industrial Radio Service to the Business Radio Service.

b. In the Citizens Radio Service, an amendment will be considered a new application if it changes an application from either a Class B, C, or D station to an application for a Class A station, or, conversely, if it changes an application for a Class A station to an application for either a Class B, C, or D station. Amendments involving only changes between Class B, C, or D stations will not be considered as new applications and no fees will be required.

c. In the Aviation and Marine Radio Services, an amendment will be considered a new application if it changes the application to a different class station requiring a different application form.

d. In the Broadcast Services, an amendment to an application for renewal, assignment and/or transfer of control will be considered as a new application if it amounts to

a major amendment as set forth in § 1.578(a) and (b) of the Commission's rules.

An amendment to a standard broadcast application will be considered as a new application if it requires the original application to receive a new file number pursuant to § 1.571 (1) of the Commission's rules.

An amendment to a television broadcast application will be considered as a new application if it effects a major change as defined in § 1.572(a)(1) of the Commission's rules.

An amendment to an FM broadcast application will be considered as a new application if it effects a major change as defined in § 1.573 (a) (1) of the Commission's rules. 64-12. [Reserved]

64-13. Question. What fees will apply in the various services with respect to the filing of an application for additional time to construct a radio station?

Interpretation. Applications for additional time to construct a radio station fall within the category "all other applications" as used in the fee rules applicable to the Broadcast, Safety & Special, and Common Carrier Services, respectively. Thus, such applications must be accompanied by a fee of $10 in the Safety and Special and Common Carrier Services, and a fee of $30 in the Broadcast Services (under § 1.1111, no fee is required if the application is filed with respect to a television translator station).

64-14. Question. Applications filed for Civil Air Patrol stations are exempt from the payment of fees under §§ 1.1115(b) (8) and 87.53(b) of the rules. Does this exemption include applications filed in the Citizens Radio Service by Civil Air Patrol units?

Interpretation. The exemptions for Civil Air Patrol stations contained in §§ 1.1115(b) (8) and 87.53 (b) of the rules relate to applications filed for Civil Air Patrol stations under Subpart 0 of Part 87 of the rules, and do not relate to applications which might be filed by Civil Air Patrol units under other provisions of the Commission's rules. It should be emphasized that an exemption which is provided for a specific class of applicant filing in a particular service will not be accorded to that applicant if he should choose to apply in a service other than the one in which the exemption is provided.

64-15. Question. A Justice of the Peace applies for a Citizens license and requests that he be exempted from the payment of the prescribed fee because the license will be used in conjunction with his duties as a Justice of the Peace. Should a fee be required?

Interpretation. If the applicant is to be exempted, he must come within the provisions of §§ 1.1115(b) (2) and 95.23 (b) which exempt applications filed in the Safety and Special Radio Services by governmental entities. To come within this exemption, a Justice of the Peace must show that the cost of his equipment, as well as any fee required,

would be borne by the governmental entity from which he derives his authority, and that the station will be used solely in conjunction with his duties as a Justice of the Peace.

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64-16. Question. Will an application filed in the Amateur Radio Service for a special call sign as well as for an initial license or the renewal of an existing license require the payment of two fees, or will the $20 fee for special call sign suffice for both requests? Interpretation. An application for Amateur special call sign is a separate and distinct request and the $20 fee prescribed will not cover an additional request for either an initial license or the renewal or modification of an existing license. In such cases both fees will be required. However, the $20 fee will cover the incidental modifion of an existing license to indicate a

new call sign.

64-17. Question. Are fees required to accompany applications filed for remote pickup base and mobile stations participating in the Emergency Broadcast System? Interpretation.

Certain remote pickup base and mobile stations licensed in the Alry Broadcast Services and participatIng in the Emergency Broadcast System are Estalled and operated by the applicant at the request and expense of the Office of Civil Defense, Department of Defense. Applicants

auch stations would, therefore, be reimbursed by the Office of Civil Defense for any fees paid in obtaining authorization for the construction and operation of these stations. Accordingly, no fees are required if the staton has been installed and operated at the request and expense of the Office of Civil Defense.

64-18. Question. Will a fee be required to accompany an application submitted by an Amateur radio club located in a Veterans Adinistration Hospital?

Interpretation. If it may be shown that the amateur club is operated at the expense the Veterans Administration, no fee will be required. An exemption from the payRest of fees is provided in §§ 1.1115(b) (6) cd 97.55(b) of the rules for applications Led for amateur stations under military pices. In adopting these rules, the Com

stated that the charging of a fee auch applications would be inappropriate See the cost of establishing such staincluding the payment of any fees, a corne by the Armed Service involved. An Amateur club operated at the expense of the Veterina Administration would, therefore, be ely related to a military amateur club as to fall within the exemption provided in 15 b) (6) and 97.55(b).

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