tations permitted, into two categories as follows:

(1) Experimental Service (Research) -Subpart E.

(2) Experimental Service (Developmental)-Subpart F.

§ 5.3 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).

(a) Authorized frequency. The frequency assigned to a station by the Commission and specified in the instrument of authorization.

(b) Authorized power. The power assigned to a radio station by the Commission and specified in the instrument of authorization. The authorized power does not necessarily correspond to the power used by the Commission for purposes of its Master Frequency Record (MFR) and notification to the International Telecommunication Union. (c) Experimental Service. A service in which Hertzian waves are employed for purposes of experimentation in the radio art or for purposes of providing essential communications for research projects which could not be conducted without the benefit of such communications.

(d) Experimental Service (Research). An Experimental Service (1) for research in the radio art not related to the development of an established or proposed new service, or (2) for providing essential communications for research projects which could not be conducted without the benefit of such communications.

(e) Experimental Service (Developmental). An Experimental Radio Service for the development of equipment, engineering or operational data, or techniques for an existing or proposed radio service.

(f) Fixed service. A service of radiocommunication between specified fixed points.

(g) Fixed station. A station in the fixed service.

(h) Harmful interference. Any radiation or any induction which endangers the functioning of a radionavigation service or of a 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.

(i) Landing area. As defined by Title I, section I (22) of the Civil Aeronautics Act of 1938, as amended, landing area means any locality, either of land or water, including airdromes and intermediate landing fields, which 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.

(j) Land station. A station in the mobile service not intended for operation while in motion.

(k) Mobile service. A service of radiocommunication between mobile and land stations, or between mobile stations.

(1) Mobile station. A station in a mobile service intended to be used while in motion or during halts at unspecified points.

(m) Mean power of radio transmitter. The power supplied to the antenna during normal operation, averaged over a time sufficiently long compared to the period corresponding to the lowest frequency encountered in actual modulation.

(n) Peak power of a radio transmitter. The mean power supplied to the antenna during one radio frequency cycle at the highest crest of the modulation envelope, taken under conditions of normal operation.

(0) Person. An individual, partnership, association, joint stock company, trust, or corporation.

(p) Public correspondence. Any telecommunication which the offices and stations, by reason of their being at the disposal of the public, must accept for transmission.

(q) Radio service. An administrative subdivision of the field of radio-communication. In an engineering sense, the subdivisions may be made according to the method of operation, as, for example, mobile service and fixed service. regulatory sense, the subdivisions may be descriptive of particular groups of licensees, as, for example, the groups of persons licensed under this part.

In a

(r) Station authorization. Any construction permit, license, or special temporary authorization issued by the Commission.

§ 5.4 General citizenship restrictions.
A station license may not be granted to
or held by:

(a) Any alien or the representative of any alien.

(b) Any foreign government or the representative thereof.

(c) Any corporation organized under the laws of any foreign government.

(d) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by: Aliens or their representatives; a foreign government or representative thereof; or any corporation organized under the laws of a foreign country.

(e) Any corporation of which any officer or director is an alien.

(f) Any corporation directly or indirectly controlled by any other corporation of which any officer or more than one-fourth of the directors are aliens, if the Commission finds that the public interest will be served by the refusal or revocation of such license; or

(g) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted bv: Aliens or their representative; a foreign government or representative; thereof; or any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license.

§ 5.5 Transfer and assignment of station authorization.

fre

A station authorization, the quencies authorized to be used by the grantee of such authorization, and the rights therein granted by such authorization shall not be transferred, assigned, or in any manner either voluntarily or involuntarily disposed of, or indirectly by transfer of control of any corporation holding such authorization, to any person, unless the Commission shall, after securing full information, decide that said transfer is in the public interest, and shall give its consent in writing. Requests for authority to transfer or assign a station authorization shall be submitted on the forms prescribed by $ 5.55.

Subpart B-Applications and Licenses $ 5.51

Station authorization required. No radio transmitter shall be operated in the Experimental Radio Services ex

cept under and in accordance with a proper station authorization granted by the Federal Communications Commission.

§ 5.52

Procedure for obtaining a radio station license.

(a) The first step toward obtaining a station license is the filing of of an application for a construction permit in accordance with this part. After the construction and installation are completed, an application for station license may be submitted in accordance with § 5.55.

(b) In the case of complete transmitters which are to be used without modification and the installation of which requires only the interconnection of the transmitter units, the application for license may be submitted simultaneously with the application for construction permit, except in those instances in which the filing of Form 401-A is required under § 5.55.

(c) When the design and construction of the transmitting equipment is an integral part of the experimental program, the application for license may be submitted simultaneously with the application for construction permit, except in those instances when the filing of Form 401-A is required under § 5.55. $5.53 Filing of applications.

in(a) To assure that necessary formation 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 Services are discussed in § 5.55 and may be obtained from the Washington, D.C., Office of the Commission, or from any of its engineering field offices. Concerning matters where no standard form is applicable, the informal application procedure outlined in § 5.55 (k) should be followed.

(b) Any application for radio station authorization and all correspondence relating thereto shall be submitted to the Commisson's office at Washington, D. C.

(c) Unless otherwise specified, an application shall be filed at least sixty days prior to the date on which it is desired that Commission action thereon be completed.

(d) 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.

(e) Applications involving operation at temporary locations:

(1) When a land station or a fixed station is to remain at a single location for less than six months, the location is considered to be temporary and the procedure outlined in § 5.65 shall apply.

(2) When a land station or fixed station authorized to operate at temporary locations remains at a single location for more than six months, an application for modification of the station authorization to specify the permanent location shall be filed within thirty days after expiration of the six-month period.

(f) Unless otherwise specified in a particular case or for a particular form, each application shall be filed in duplicate.

§ 5.54 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 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 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 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.

§ 5.55 Forms to be used.

(a) Application for construction permit for land stations and fixed stations. A separate application for construction permit shall be submitted on FCC Form 440 for each base station and each fixed station. Such applications shall be accompanied by FCC Form 401-A in triplicate in all cases when:

(1) The antenna structures proposed to be erected will exceed an overall height of 170 feet above ground level, except that where the antenna is mounted on top of an existing man-made structure other than an antenna structure and does not increase the overall height of such man-made structure by more than 20 feet, or

(2) The antenna structures proposed to be erected will exceed an overall height of 1 foot above the established airport (landing area) elevation for each 200 feet of distance, or fraction thereof, from the nearest boundary of such landing area, except that where the antenna does not exceed 20 feet above the ground or if the antenna is mounted on top of an existing man-made structure (other than an antenna structure) or natural formation and does not increase the overall height of such manmade structure or natural formation by more than 20 feet.

(b) Description of antenna structure. When required to be submitted, by the terms of paragraph (a) of this section, FCC Form 401-A shall be submitted in triplicate. There shall be attached to each copy of the form a sketch showing the antenna and supporting structure as well as a map showing the location of the antenna, landing areas in the vicinity thereof, and all tall structures that

operation of an authorized station for a limited time only, in a manner other than that specified in the existing authorization, but not in conflict with the Commission's rules.

(b) An application for special temporary authorization may be filed as an informal application in the manner prescribed by 5.55 (k) and shall contain the following information:

(1) Name and address.

(2) Need for special action.

(3) Type of operation to be conducted. (4) Purpose of operation.

(5) Time operation.

and date of proposed

(a) Showing. Each applicant for an authorization in the Experimental Radio Service must enclose with his application for construction permit a factual showing in regard to the following:

(1) That the applicant is a person qualified to carry forward the proposed program of experimentation;

(2) That the program of experimentation will be conducted by qualified personnel, and the applicant possesses adequate technical facilities to carry forward the program and has made adequate financial appropriations toward this end;

(3) That the applicant has an organized plan of experimentation leading to & specific objective;

(4) That the program of experimentation has reasonable promise of contribution to the development, extension, or expansion or utilization of the radio art, or is along lines not already investigated; (5) That the applicant has a program of experimentation that has reached a

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stage in the laboratory where actual transmission by radio is essential to its further progress;

(6) That the station(s) shall be operated in accordance with the applicable Commission's rules and regulations and only in such a manner and at such times as to preclude harmful interference with established stations or services.

(b) Confirmation clauses. In addition to the showing required by paragraph (a) of this section, a statement shall be filed with and made a part of each application for construction permit for a station in these services confirming the applicant's understanding:

(1) That all operations on the frequencies assigned will be on an experimental basis, and conducted in accordance with the provisions of this part and as specified in the station instrument of authorization:

(2) That the granting of the authority requested shall not be construed as a finding on the part of the Commission:

(i) That the frequencies authorized are the best suited to the particular purpose to be served by the station;

(ii) That the applicant is qualified to operate a station in a service on any basis other than experimental;

(iii) That the applicant will be authorized to operate on any basis other than experimental;

(iv) That the Commission is obligated by the results of the experimental program to make provision in the serviceallocation plan for the applicant's type of operation.

(3) That the applicant desires and is willing to conduct and finance the experimental program with full knowledge and understanding of the provisions of this section.

(c) Applications involving government contracts. The provisions of paragraphs (a) and (b) of this section shall not be applicable to applicants for an authorization in the Experimental Service (Research) to be used for the purpose of fulfilling the requirements of a contract with an agency of the United States Government. In lieu thereof, such applicants shall include as a part of the application, FCC Form 440—A in triplicate, Supplemental Information for Applications in the Experimental Radio Service Involving Government Contracts.

(d) Applications involving development of equipment for export purposes. In addition to the information required 267