* L, I TZ Cancis UJA SIVSL a regranous anELTXAh the Dained States anna ka rien und regulators f ya potens Onazentions Commi Win 3 days from such WAY, MA a written answer to the offer a Commaxon originating the If an answer cannot be NATA, OF 25 2xnowledgment made within #10 %-Gay period, acknowledgment and ananer mail be made at the earliest practicable date with a satisfactory exDianation of the delay. The answer to ewen 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 some violation that may be due to the physical or electrical characteristics of transmitting apparatus, the answer shall state fully what steps 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 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 Commisslon, such identification as will permit ready reference thereto. If the notice of violation relates to inadequate maintenance resulting in improper operation of the transmitter, the name and license number of the operator performing the maintenance shall be given. If the notice of violation relates to some lack MC Engineer--Charge of the mdc feet in winch the station is located such cases, the Icensee shall fost ful particulars as to the reasons fr such discorracce reduction or maammers of service. cinding a statemens as to when normal service is expected to be resumed. When normal service a resumed prompt notification thereof shall be given in writing to the Commission at Washington, D.C., 20554, and the Commission's Engineer-inCharge of the radio district in which the stamcn is located. (b) No station licensee subject to Title II of the Communications Act of 1934, as amended, shall voluntarily discontinue, reduce or impair public communication service to a community or part of community without obtaining prior authorization from the Commission pursuant to the procedures set forth in Part 63 of this chapter. In the event that permanent discontinuance of service is authorized by the Commission, the station licensee shall immediately give notification of the effective date thereof in writing to the Commission's Engineer-inCharge of the radio district in which the station is located and shall promptly send the station license to the Commission at Washington, D.C., 20554, for cancellation. (c) Any station licensee, not subjec to Title II of the Communications Act of 1934, as amended, who voluntarily dis continues, reduces or impairs publi communication service to a community or part of a community shall give writter notification to the Commission within days thereof. In the event that servic is permanently discontinued, the license shall give written notification thereof t the Commission's Engineer-in-Charge o the radio district in which the statio is located and shall promptly send th station license to the Commission at Washington, D.C., 20554, for cancella tion. § 21.304 Tariffs, reports, and other material required to be submitted to the Commission. Part 1 of this chapter, beginning with §1.771, contains a summary of certain material and reports, including, but not limited to schedule of charges and accounting and financial reports, which must be filed with or submitted to the Commission. $21.305 Reports required concerning amendments to charters, bylaws, and partnership agreements. Any amendments to charters, articles of incorporation or association, or partnership agreements shall promptly be filed at the Commission's main office in Washington, D.C. Such filing shall be directed to the attention of the Chief, Common Carrier Bureau. |29 FR. 12371, Aug. 28, 1964] § 21.306 Requirement that permittees and licensees respond to official communications. All permittees and licensees in these services are required to respond to official communications from the Commission with reasonable dispatch and according to the tenor of such communications. Failure so to do will be given appropriate consideration in connection with any subsequent applications which the offending party may file and may result in the designation of such applications for hearing, or in apppropriate cases, the institution of proceedings looking to the modification or revocation of the pertinent authorizations. Subpart F-Developmental 21.400 Eligibility. Developmental authorizations for stations in the Domestic Public Radio Services will be issued only to existing and proposed communication common carrers who are legally, financially and otherwise qualified to conduct experimentation utilizing hertzian waves for the development of engineering or operational data, or techniques, directly related to a proposed Domestic Public Radio Service or to a regularly establushed radio service regulated by the rules of this part. § 21.401 Scope of service. Developmental authorizations may be issued for: (a) Field strength surveys relative to or precedent to the filing of applications for construction permits, in connection with the selection of suitable locations for stations proposed to be established in any of the regularly established radio services regulated by the rules of this part; or (b) Development of proposed Domestic Public Radio Services to be governed by the rules and regulations of this part. § 21.402 Adherence to program of research and development. The program of research and development, as stated by an applicant in the application for construction permit or license or stated in the instrument of station authorization, shall be substantially adhered to unless the licensee is otherwise authorized by the Commission. § 21.403 Special procedure for the development of a new service or for the use of frequencies not in accordance with the provisions of the rules in this part. (a) An authorization for the development of a new common carrier service not in accordance with the provisions of the rules in this part may be granted for a limited time, but only after the Commission has made a preliminary determination with respect to the factors set forth in this paragraph, as each case may require. This procedure also applies to any application that involves use of a frequency which is not in accordance with the provisions of the rules in this part, although in accordance with the Table of Frequency Allocations contained in Part 2 of this chapter. application which involves use of a frequency which is not in accordance with the Table of Frequency Allocations in Part 2 of this chapter should be filed in accordance with the provisions of Part 5 of this chapter, Experimental Radio Services (Other Than Broadcast).) The factors with respect to which the Commission will make a preliminary determination before acting on an application filed under this paragraph are as follows: (An (1) That the public interest, convenience or necessity warrants consideration of the establishment of the proposed service or the use of the proposed fre quency; (2) That the proposed operation appears to warrant consideration to effect a change in the provisions of the rules in this part; and/or (3) That some operational data should be developed for consideration in any rule-making proceeding which may be initiated. (b) Applications for construction permits for stations which are intended to be used in the development of a proposed service shall be accompanied by a petition to amend the Commission's rules with respect to frequencies and such other items as may be necessary to provide for the regular establishment of the proposed service. (a) Developmental authorizations normally shall be issued for one year, or such shorter term as the Commission may deem appropriate in any particular case, and shall be subject to cancellation without hearing by the Commission at any time upon notice to the licensee. (b) Where some phases of the developmental 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 it may deem necessary in the public interest, convenience or necessity. (c) Frequencies allocated to the service toward which such development is directed will be assigned for developmental operation on the basis that no interference will be caused to the regular services of stations operating in accordance with the Commission's Table of Frequency Allocations (§ 2.106 of this chapter). (d) The rendition of communication service for hire is not permitted under any developmental authorizations unless specifically authorized by the Commission. (e) The grant of a developmental authorization carries with it no assurance that the developmental program, if successful, will be authorized on a permanent basis either as to the service involved or the use of the frequencies assigned or any other frequencies. § 21.405 Supplementary showing required. (a) Authorizations for development of a proposed radio service in the Domestic Public Radio Services will be issued only upon a showing that the applicant has a definite program of research and development, the details of which shall be set forth, having reasonable promise of substantial contribution to these services within the term of such authorization. In addition to showing that the applicant is financially qualified or that adequate provision has been made to underwrite the costs of the proposed venture, a specific showing should be made as to the factors which the applicant believes qualify him technically to conduct the research and development program, including a description of the nature and extent of engineering facilities which applicant has available for such purpose. (b) Expiring developmental authorizations may be renewed only upon the applicant's compliance with the applicable requirements of § 21.406 (a) and (b) relative to the authorization sought to be renewed and upon a factual showing that further progress in the program of research and development requires further radio transmission and that the public interest, convenience or necessity would be served by renewal of such authorization. § 21.406 Developmental report required. (a) Upon completion of the program of research and development, or, in any event, upon the expiration of the instrument of station authorization under which such investigations were permitted, or at such times during the term of the station authorization as the Commission may deem necessary to evaluate the progress of the developmental program, the licensee shall submit, in duplicate, a comprehensive report on the following items, in the order designated: (1) Report on the various phases of the project which were investigated. (2) Total number of hours of operation on each frequency assigned. (3) Copies of any publication on the project. (4) A listing of any patents applied for, including copies of any patents issued as a consequence of the activities carried forth under the authorization. (5) Detailed analysis of the result obtained. (6) Any other pertinent information. (b) In addition to the information required by paragraph (a) of this section, the developmental report of a station authorized for the development of a proposed radio service shall include comprehensive information on the following items: (1) Probable public support and methods of its determination. (2) Practicability of service operations. (3) Interference encountered. (4) Pertinent information relative to merits of the proposed service. (5) Propagation characteristics of frequencies used, particularly with respect to the service objective. (6) Frequencies believed to be more suitable and reasons therefor. (7) Type of signals or communications employed in the experimental work. (c) Normally, developmental reports will be made a part of the Commission's public records. However, an applicant may request that the Commission withhold from the public certain reports and associated material relative to the accomplishments achieved under developmental authorization, and, if it appears that such information should be withheld, the Commission will so direct. Subpart G-Domestic Public Land Mobile Radio Service § 21.500 Eligibility. Applica Authorizations for base stations and auxiliary test stations to be operated in this service will be issued to existing and proposed communication common carriers. Authorizations for mobile stations on land or on board vessels will be issued to communication common carriers or to individual users of the service. tions will be granted only in cases where it is shown that (a) the applicant is legally, financially, technically and otherwise qualified to render the proposed service, (b) there are frequencies available to enable the applicant to render a satisfactory service, and (c) the public interest, convenience or necessity would be served by a grant thereof. § 21.501 Frequencies. The following frequencies are available to the Domestic Public Land Mobile Radio Service for the use set forth in this section. (a) For assignment, in accordance with the Zone Allocation Plan, to stations of communication common carriers which are also in the business of affording public landline message telephone 157.77 157.80 157.83 35.22 Mc/8 35.58 Mc/s 157.86 157.89 157.92 157.95 157.98 158.01 158. 04 158.07 459.40 459.45 459.50 459.55 459.60 459.65 1 459.70 1459.75 1459.80 1459.85 1459.90 1459.95 1 Pending promulgation of rules and regulations to govern the public air-ground radiotelephone service, and subject to further Order of the Commission, frequencies in the 454.675-455.000 Mc/s and 459.675-460.000 Mc/s bands are not available for operation of new radio facilities in the Domestic Public Land Mobile Radio Service. In the interim, the authorizations of stations using such frequencies may be renewed, subject to Commission determination relative to use of such frequencies by the public air-ground radiotelephone service. 43.22 Mc/s 43.58 Mc/s (1) Wherever feasible, the frequencies 35.22 Mc/s and 35.58 Mc/s shall be assigned for use in any area prior to the assignment of the frequencies 43.22 Mc/s and 43.58 Mc/s. (2) If an applicant for authorization to provide an exclusive one-way signaling service provides, or proposes also to provide, General or Dispatch service in accordance with paragraphs (a), (b) and (c) of this section, the application for a one-way facility should be supported with full information to show why the proposed signaling service could not be provided in connection with the base station facilities used for such General or Dispatch service. (e) On a shared basis with other common carrier fixed, international control and operational fixed radio services, frequencies in the band 2110-2200 Mc/s may be authorized for use by control and repeater stations functioning in conjunction with the Domestic Public Land Mobile Radio Service on the condition that the emission bandwidth is limited to the minimum necessary to serve the purpose |