$5.155 Operator requirements. re (a) All transmitter adjustments which may affect the proper operation of a station shall be made by or under the immediate supervision and sponsibility of a person holding a radiotelephone or radiotelegraph first or second class operator license: Proided, however, That only a person holding a radiotelegraph first or second class operator license shall perform such functions at a radiotelegraph station transmitting by any type of the Morse code. (b) A person holding a radiotelephone or radiotelegraph first or second class operator license, as may be appropriate for the type of emission being used, shall be on duty and in charge of the transmitter during the normal rendition of service: Provided, however, That if the transmitter is so designed that none of the operations necessary to be performed during the normal rendition of service may cause off-frequency operation or result in any unauthorized radiation, an operator holding any class of commercial radio operator license except Aircraft Radiotelephone Operator Authorization or Temporary Limited Radiotelegraph Second Class Operator License shall be on duty and in charge of the transmitter except: 1) Only a person holding a commercal radiotelegraph operator license of any class except Temporary Limited Radiotelegraph Second Class shall operate a station when transmitting radiotelegraphy by any type of Morse code: Pro ed, however, That a person holding a cmmercial radiotelephone operator license of any class except Aircraft Radiote-phone Operator Authorization may operate such station when telegraphy is transmitted by automatic means for dentification, testing, or actuating an amatic signalling device. 2. An unlicensed person may operate a mobile station when transmitting telephony on frequencies above 25 Mc & 3. An unlicensed person may operate a mobile station when transmitting radiotelephony on frequencies below 25 Ms when such mobile station is under the operational control of a land station of the same licensee. 4 No person is required to be in attendance at a station when transmitting on frequencies above 50 Mc/s for telemetering purposes or when serving as a relay station for the purpose of retransmitting by self-actuating means signals from another station or stations. (c) The provisions of this section authorizing unlicensed persons to operate certain stations shall be applicable only to stations located within the United States, its territories or possessions and which communicate exclusively with one or more stations located in the United States, its territories or possessions. (d) The provisions of this section authorizing unlicensed persons to operate mobile stations shall not be construed to change or diminish in any respect the responsibility of station licensees to have and to maintain control over the stations licensed to them, or for the proper functioning and operation of those stations in accordance with the terms of the licenses of those stations. § 5.156 Evidence of operator license. Whenever a licensed operator is required by § 5.155, the original license or verification card of such operator shall be immediately available at the place where the operator is on duty. § 5.157 Posting station licenses and transmitter identification cards or plates. (a) The current authorization for each station at a fixed location shall be posted in a conspicuous place at the principal control point of the station, and a photocopy of such authorization shall be posted at all other control points listed on the authorization. In addition, an executed Transmitter Identification Card (FCC Form 452-C) or a plate of metal or other durable substance, legibly indicating the call sign and the licensee's name and address, shall be affixed, readily visible for inspection, to each transmitter operated at a fixed location when such transmitter is not in view of, or is not readily accessible to, the operator at the principal control point. (b) The current authorization for each mobile station shall be retained as a permanent part of the station records, but need not be posted. In addition, an executed Transmitter Identification Card (FCC Form 452-C) or a plate of metal or other durable substance, legibly indicating the call sign and the licensee's name and address, shall be affixed, readily visible for inspection, to each mobile transmitter: Provided, That, if the transmitter is not in view of the operating position, or is not readily accessible for inspection, then such card or plate shall be affixed to the control equipment at the transmitter operating position or posted adjacent thereto. § 5.158 Authorized points of communication. Stations in the experimental services may communicate only with other stations licensed in the experimental services: Provided, however, That upon a satisfactory showing that the proposed communications are essential to the conduct of the research project, authority may be granted to communicate with stations in other services and U.S. Government stations. § 5.159 Operation during gency. an emer (a) The licensee of any station in the Experimental Radio Services may, during a period of emergency in which the normal communication facilities are disrupted as a result of hurricane, flood, earthquake, or similar disaster, utilize such station for emergency communication service, subject to other provisions of this section, by communicating in a manner other than that specified in the station license. (b) As soon as possible after the beginning of such emergency use, notice shall be sent to the Commission at Washington, D.C., and to the Engineer in Charge of the district in which the station is located, stating the nature of the emergency and the use to which the station is being put. (c) The emergency use of the station shall be discontinued as soon as substantially normal communication facilities are again available. (d) The Commission at Washington, D.C., and the Engineer in Charge shall be notified immediately when such special use of the station is terminated. (e) In no event shall any station engage in emergency transmission on frequencies other than, or with power in excess of, that specified in the instrument of authorization or as otherwise expressly provided by the Commission, or by law. (f) The Commission may, at any time, order the discontinuance of any such emergency communication undertaken under this section. § 5.160 Inspection of stations. All stations and records of stations in the Experimental Services shall be made available for inspection at any time while the station is in operation or shall be made available for inspection upon reasonable request of an authorized representative of the Commission. § 5.161 Inspection and maintenance of tower marking and associated control equipment. The licensee of any radio station which has an antenna structure required to be painted or illuminated pursuant to the provisions of section 303 (q) of the Communications Act of 1934, as amended, and Part 17 of this chapter, shall operate and maintain the tower marking and associated control equipment in accordance with the following: (a) The tower lights shall be observed at least once each 24 hours, either visually or by observing an automatic and properly maintained indicator designed to register any failure of such lights, to insure that all such lights are functioning properly as required; or, alternatively, there shall be provided and properly maintained an automatic alarm system designed to detect any failure of the tower lights and to provide indication of such failure to the licensee. (b) Any observed or otherwise known failure of a code or rotating beacon light or top light not corrected within thirty minutes, regardless of the cause of such failure, shall be reported immediately by telephone or telegraph to the nearest Airways Communication Station office of the Civil Aeronautics Administration. Further notification by telephone or telegraph shall be given immediately upon resumption of the required illumination. or (c) All automatic or mechanical control devices, indicators, and alarm systems associated with the tower lights shall be inspected at intervals not to exceed three months, to insure that such apparatus is functioning properly. (d) All lighting shall be exhibited from sunset to sunrise unless otherwise specified in the instrument of station authorization. (e) A sufficient supply of spare lamps shall be maintained for immediate replacement purposes at all times. (f) All towers shall be cleaned or repainted as often as is necessary to maintain good visibility. § 5.162 Notice of violation. (a) Any licensee who appears to have violated any provision of the Communications Act or any provision of this chapter, shall be served with a written notice calling the facts to his attention and requesting a statement concerning the matter. (b) Within 10 days from receipt of notice or such other period as may be specified, the licensee shall send a written answer, in duplicate, direct to the office of the Commission originating the official notice. If an answer cannot be sent nor an acknowledgment made within such 10-day period by reason of illness or other unavoidable circumstances, acknowledgment and answer shall be made at the earliest practicable date with a satisfactory explanation of the delay. (c) The answer to each notice shall be complete in itself and shall not be abbreviated by reference to other communications or answers to other notices. If the notice relates to violations that may be due to the physical or electrical characteristics of transmitting apparatus, the answer shall state fully what steps, if any, have been taken to prevent future violations, and, if any new apparatus is to be installed, the date such apparatus was ordered, the name of the manufacturer, and the promised date of delivery. If the installation of such apparatus requires a construction permit, the file number of the application shall be given, or if a file number has not been assigned by the Commission, such identification shall be given as will permit ready identification of the application. If the notice of violation relates to lack of attention to or improper operation of the transmitter, the name and license number of the operator in charge shall be given. $5.163 Content of station records. (a) The licensee of each station in the experimental services shall maintain adequate records of the station's operations, including: (1) Dates and hours of operation. (2) All measurements of the frequency(s), including the name of the person making the measurements, the exact frequency measured or the observed de viations from the assigned frequency (s) expressed in cycles, kilocycles or percent plus or minus, and a statement of any corrective action taken. (3) Power. (4) Types of emission. (5) Chronological record of experimentation conducted. (6) The name of the operator on duty. (b) For all stations, when service or maintenance duties are performed which may affect their proper operation, the responsible operator shall sign and date an entry in the station record concerned, giving: (1) Pertinent details of all duties performed by him or under his supervision; (2) His name and address; and (3) The class, serial number and expiration date of his license: Provided, however, That the information called for under subparagraph (2) of this paragraph and this subparagraph, so long as it remains unchanged, is not required to be repeated in the case of a person who is regularly employed as operator on a full-time basis at the stations. (c) For stations whose antenna or antenna supporting structure is required to be illuminated, a record in accordance with the following: (1) The time the tower lights are turned on and off each day, if manually controlled. (2) The time the daily check of proper operation of the tower lights was made. (3) In the event of any observed or otherwise known failure of a tower light: (i) Nature of such failure. (ii) Date and time the failure was observed or otherwise noted. (iii) Date, time and nature of the adjustments, repairs, or replacements made. (iv) Identification of Flight Service Station (Federal Aviation Agency) notified of the failure of any code or rotating beacon light not corrected within thirty minutes, and the date and time such notice was given. (v) Date and time notice was given to the Flight Service Station (Federal Aviation Agency) that the required illumination was resumed. (4) Upon completion of the threemonth periodic inspection required by § 5.161: (i) The date of the inspection and the condition of all tower lights and associated tower lighting control devices, indicators and alarm systems. (ii) Any adjustments, replacements, or repairs made to insure compliance with the lighting requirements and the date such adjustments, replacements, or repairs were made. § 5.164 Form of station records. (a) The records shall be kept in an orderly manner, in suitable form, and in such detail that the data required are readily available. Key letters or abbreviations may be used if proper meaning or explanation is set forth in the record. (b) Each entry in the record shall be signed by a person having actual knowledge of the facts to be recorded. (c) No record or portion thereof shall be erased, obliterated, or willfully destroyed within the required retention period. Any necessary correction may be made only by the persons originating the entry, who shall strike out the erroneous portion, initial the correction made, and indicate the date of correction. (d) A copy of this part shall be maintained in the records of each fixed or and station licensed under this part. § 5.165 Retention of station records. Records required to be kept by this part shall be retained by the licensee for a period of at least one year. (a) The program of experimentation as stated by an applicant in its application for construction permit or license or in the station instrument of authorization, shall be substantially adhered to unless the licensee is authorized to do otherwise by the Commission. (b) Where some phases of the experimental program are not covered by the general rules of the Commission or by the rules of this part, the Commission may specify supplemental or additional requirements or conditions in each case as deemed necessary in the public interest, convenience, or necessity. Subpart E-Experimental Service § 5.201 Eligibility for license. Authorizations for stations in the Experimental Service (Research) will be issued only to persons qualified to conduct experimentations utilizing hertzian waves for scientific or technical radio research not related to an existing service or proposed service, or for communications in connection with research projects when existing communication facilities are inadequate. § 5.202 Scope of service. Stations operating in the Experimental Service (Research) will be permitted to conduct the following types of operations: (a) Experimentations in scientific or technical radio research. (b) Development of radio technique, equipment or engineering data not relating to an existing or proposed service, including field or factory testing or calibration of equipment. (c) Experimentations under contractual agreement with the United States Government, or for export purposes. (d) Communications essential to research projects. (e) Technical demonstrations of equipment or techniques. § 5.203 Frequencies for Experimental Service (Research). Stations operating in the Experimental Service (Research) may be authorized to use any government or non-government frequency designated in the table of frequency allocations set forth in Part 2 of this chapter as available for assignment to this service: Provided, That the need of the specific frequency (s) requested is fully justified by the applicant. § 5.204 Experimental report. (a) (1) Except in the case of those stations providing essential communications for research projects, a report on the results of the experimental program carried on under this subpart shall be filed with and made a part of each application for renewal of license. (2) The licensee shall, upon request, forward experimental reports at such times during the term of the station authorization as the Commission may deem necessary to evaluate the progress of the experimental program. (b) An applicant may request that the Commission withhold from the public certain reports and associated material, and the Commission will withhold the same unless the public interest requires otherwise. (c) In the case of experimentations which are under contractual agreement with the United States, such reports shall include the information in paragraph (d) in so far as security regulations permit. (d) The experimental report shall include comprehensive information on the following items: (1) Detailed analysis of the results obtained. (2) Report on the experimentation conducted. (3) Total number of hours of operation on each frequency assigned. (4) Copies of publications covering the experimental work. (5) A list of patents issued as a result of the experimental work. (6) Any other pertinent information. Subpart F-Experimental Service (Developmental) $5.251 Eligibility for license. (a) Authorizations for stations in the Experimental Service (Developmental) will be issued only to persons qualified to conduct experimentations utilizing hertzian waves for the development of equipment for use in an existing service or for the development of equipment or technical operational data directly related to a use of radio not provided by existing rules. (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 conduct such projects under the developmental rules of the established service. $5.252 Scope of service. Stations operating in the Experimental Service (Developmental) will be permitted to conduct the following types of operations: (a) Development of radio equipment, operational or engineering data related to an existing or proposed radio service. (b) Field strength surveys by persons not eligible for authorization in any other service or the demonstration of equipment by manufacturers to prospective purchasers for proposed stations in existing services. Transmission shall be limited to test messages, essential to the Installation, extension or development of a radio communication facility and the procedure set forth in § 5.254 shall apply. e) Testing of equipment in connection with production or type approval of such equipment. § 5.253 Frequencies for Experimental Service (Developmental). (a) Any frequency allocated in Part 2 of this chapter to a particular service may be assigned for the purposes set forth in § 5.252 provided the proposed operation is in accordance with the rules governing the service involved. (b) Frequencies which have been allocated in Part 2 of this chapter to a shared Government and non-Government service for which rules governing non-Government stations have not been promulgated may be assigned for the purpose indicated in column 8 of the table of frequency allocations contained in § 2.106 of this chapter. (c) Frequencies which have been allocated in Part 2 of this chapter to a non-Government service for which rules have not been promulgated may be assigned to the class of stations indicated in column 9 of the table of allocations for the purpose indicated in column 8 of that table. (d) Except as provided in paragraph (f) of this section, no developmental authorization for experimentation related to an established service will be made which involves the assignment of frequencies not included in the rules governing such service or the use of allocated frequencies in a manner contrary to the rules governing that service until the Commission has made a determination that such frequency assignment or use is in the public interest. Each application requesting the use of frequencies not allocated to an established service for which a developmental program is planned or which is contrary to the rules governing that service must be accompanied by a petition requesting the amendment of the rules governing the service involved to provide for the proposed operation. (e) Except as provided in paragraph (f) of this section, frequencies will not be assigned for the development of a service for which no frequencies have been allocated until the Commission has made a preliminary determination that the public interest, convenience, or necessity would be served by the establishment of the service. Such applications must be accompanied by a petition requesting the allocation of frequencies for the proposed service and setting forth the reasons in support of the petition. |