(h) Application for consent to assignment, or transfer of control of corporation holding radio station construction permit or license. An application on FCC Form 702 or FCC Form 704, as the circumstances require, shall be submitted to the Commission when a construction permit or license, or the control of a corporation holding such permit or license, is to be transferred as a result of a voluntary act (contract or other agreement) or an involuntary act (death or legal disability) of the grantee of a permit or station license, or by involuntary assignment of the physical property of the station pursuant to a court decree in bankruptcy proceedings, or other court order, or by operation of law in any other manner. Applications filed on FCC Form 702 or FCC Form 704 shall be accompanied by a factual showing by the assignee of his legal, financial, technical and other qualifications to be the licensee of the radio facilities described in such application. Upon completion of an approved transfer, written notification thereof shall be filed with the Commission.

(i) Application for authority to operate mobile units of Canadian registry in the United States. Applications for authority to operate mobile units of Canadian registry within the United States shall be made upon FCC Form 410 which shall be filed with the Secretary, Federal Communications Commission, Washington, D.C., 20554. Forms may be obtained from the FCC Secretary or from the Director, Telecommunications and Electronics Branch, Department of Transport, Ottawa, Ontario, Canada.

(j) Applications for authority to operate mobile units in Canada. Applications for authority to operate mobile units, which have been licensed in this service by the Commission, shall be made upon proper form and be filed with the Director, Telecommunications and Electronics Branch, Department of Transport, Ottawa, Ontario, Canada, from whom the application forms are obtainable.

[28 F.R. 13002, Dec. 5, 1963, as amended at 31 F.R. 2601, Feb. 10, 1966]

§ 21.30 Period of construction.

(a) Except for stations in the Pointto-Point Microwave Radio Service, and except as may be limited by § 21.32(b), each construction permit for a radio sta

tion in the Domestic Public Radio Services will specify a maximum of 60 days from the date of grant thereof as the time within which construction of the station shall begin, and a maximum of eight months from the date of grant as the time within which construction shall be completed and the station ready for operation, unless otherwise determined by the Commission upon proper showing in any particular case (see §§ 21.29 (d) and 21.31(a)).

(b) For stations in the Point-to-Point Microwave Radio Service, and except as may be limited by § 21.32 (b), the construction permit issued by the Commission will specify the date of grant as the earliest date of commencement of construction and a maximum of 18 months thereafter as the time within which construction shall be completed and the station be ready for operation, unless otherwise determined by the Commission upon proper showing in any particular

(a) A construction permit shall be automatically forfeited if construction has not been commenced within the time specified therein or if the station is not ready for operation within the term of the construction permit, or within such additional time as the Commission may have allowed upon a proper showing, upon FCC Form 701 filed prior to the date sought to be extended, that failure to commence or complete construction was due to causes not under the control of the permittee (see §§ 21.29 (d) and 21.30(a)).

(b) A license or special temporary authorization shall be automatically forfeited upon the expiration date specified therein unless prior thereto an application for renewal of such license or authorization shall have been filed with the Commission (see § 21.29 (f)).

§ 21.32 License period.

(a) Licenses for stations in the Domestic Public Land Mobile Radio, Rural Radio, Point-to-Point Microwave Radio, and Local Television Transmission Services will be issued for a period not to exceed 5 years; in the case of common carrier Television STL and Television Pickup stations to which are assigned frequencies allocated to the broadcast services, the authorization to

use such frequencies shall, in any event, terminate simultaneously with the expiration of the authorization for the broadcast station to which such service is rendered; except that licenses for developmental stations will be issued for a period not to exceed 1 year. The expiration date of licenses of miscellaneous common carriers in the Domestic Public Land Mobile Radio Service shall be the first day of April in the year of expiration; the expiration date of licenses of telephone company common carriers in the Domestic Public Land Mobile Radio Service shall be the first day of July in the year of expiration; the expiration date of licenses in the Rural Radio Service shall be the first day of November in the year of expiration; the expiration date of licenses in the Pointto-Point Microwave Radio and Local Television Transmission Services shall be the first day of February in the year of expiration; and the expiration date of developmental licenses shall be 1 year from the date of grant thereof. When a license is granted subsequent to the last renewal date of the class of license involved, the license shall be issued only for the unexpired period of the current license term of such class.

(b) The Commission reserves the right to grant or renew station licenses in these services for a shorter period of time than that generally prescribed for such stations if, in its judgment, public interest, convenience, or necessity would be served by such action.

(c) Upon the expiration or termination of any station license, any related construction permit, which bears a later expiration date, shall be automatically terminated concurrently with the related station license, unless it shall have been determined by the Commission that the public interest, convenience or necessity would be served by continuing in effect said construction permit.

[28 F.R. 13002, Dec. 5, 1963, as amended at 32 F.R. 13282, Sept. 20, 1967] § 21.33

Status of amendments to applications.

(a) All applications governed by this part, except those enumerated in § 21.27 (a), and major amendments thereto (e.g., any amendment which will change or add a frequency; or improve the operating characteristics of an existing or proposed station; or enlarge the service

contour or significantly change the location or points of communication of an existing or proposed station; or which will materially alter the nature of an existing or proposed service) are subject to the provisions of § 21.27.

(b) Amendments, other than major amendments as defined in paragraph (a) of this section, will be considered on a case-by-case basis and, if found to materially alter an existing or proposed station, will be listed in a public notice and thereafter be subject to the provisions of § 21.27.

Subpart C-Technical Standards § 21.100 Frequencies.

(a) The frequencies available for use in the services covered by this part of the rules are listed in the applicable subparts of this part. Assignment of frequencies will be made only in such a manner as to facilitate the rendition of communication service on an interference-free basis in each service area. Unless otherwise indicated, each frequency available for use by stations in these services will be assigned exclusively to a single applicant in any service area. All applicants for, and licensees of, stations in these services shall cooperate in the selection and use of the frequencies assigned in order to minimize interference and thereby obtain the most effective use of the authorized facilities. In the event harmful interference occurs or appears likely to occur between two or more radio systems and such interference cannot be resolved between the licensees thereof, the Commission may specify a time sharing arrangement for the stations involved or may, after notice and opportunity for hearing, require the licensees to make such changes in operating techniques or equipment as it may deem necessary to avoid such interference. Frequency diversity transmission will not be authorized in these services in the absence of a factual showing, in each case, that the required communications cannot practicably be achieved by other means.

(b) Persons authorized pursuant to this part to operate radio stations on frequencies in the band 25-50 Mc/s must recognize that the band is shared with various services in other countries; that harmful interference may be caused by tropospheric and ionospheric propagation of signals from distant stations of

all services of the United States and other countries operating on frequencies in this band; and that no protection from such harmful interference generally can be expected. Persons desiring to avoid

such harmful interference should consider operation on available frequencies higher in the radio spectrum not generally subject to this type of difficulty.

§ 21.101 Frequency stability.

(a) The carrier frequency of each transmitter authorized in these services shall be maintained within the following percentage of the reference frequency except as otherwise provided in paragraph (b) of this section (unless otherwise specified in the instrument of station authorization the reference frequency shall be deemed to be the assigned frequency):

1 Below 470 Mc/s, transmitter plate power input to the final frequency stage, as specified in the Commission's Radio Equipment List. Above 470 Mc/s, transmitter power output, as specified in the Commission's Radio Equipment List.

(b) In the frequency band 450 to 470 Mc/s, radio facilities authorized prior to June 1, 1968 shall be permitted to operate within the following frequency tolerance (percent) of the reference frequency until November 1, 1971:

(1) All fixed and base stations: 0.0005 percent.

(2) All mobile stations (over 3 watts): 0.0005 percent.

(3) All mobile stations (3 watts or less): 0.005 percent.

[33 F.R. 4577, Mar. 15, 1968]

§ 21.102 Frequency measuring or cali. brating apparatus.

The frequency measuring or calibrating device used to determine compliance of transmitting equipment with the station authorization and

the applicable rules and regulations shall be independent of the transmitter frequency control elements and shall have an accuracy within onehalf of the allowed frequency tolerance of the transmitter being measured. § 21.103 Standards and limitations governing authorization and use of frequencies in the 72-76 Mc/s band. (a) Assignments on frequencies in the band 72-76 Mc/s will be made only to stations located 10 or more miles from a channel 4 or 5 television station (or from the post office of the city to which such television channels are allocated, in cases where a television station has not been authorized) and shall be subject to the condition that no harmful interference is caused to reception of such television stations. Applications for use of frequencies involving less than 10 miles separation from such television stations will be returned without action.

(b) Assignments on frequencies in the band 72-76 Mc/s will be made only upon the applicant's affirmative showing that he agrees to eliminate any harmful interference which may be caused by his operation to television reception on either channel 4 or 5 and, if said interference cannot be eliminated within 90 days of the time the matter is first brought to his attention by the Commission, operation of the interfering fixed station will be discontinued.

(c) In cases where it is proposed to locate a 72-76 Mc/s fixed station less than 80, but more than 10, miles from the site of a television transmitter operating on either channel 4 or 5 (or from the post office of a community to which such television channels are allocated, in cases where a television station has not been authorized), the fixed station shall be authorized only if there are fewer than 100 family dwelling units (as defined by the United States Bureau of Census) located within a circle centered at the location of the fixed station (family dwelling units 70 or more miles distant from the television station antenna site are not to be counted) the radius of which shall be determined by use of the following charts entitled "Chart For Determining Radius From Fixed Station In 72-76 Mc/s Band To Interference Contour Along Which 10 Percent of Service From Adjacent Channel Television Station Would Be Destroyed":

CHART FOR DETERMINING RADIUS FROM FIXED STATION IN 72-76 Mc/s BAND TO INTERFERENCE CONTOUR ALONG WHICH 10% OF SERVICE FROM ADJACENT TELEVISION STATION WOULD BE DESTROYED

r=0.75

7.0.25

011-8

8:40

$.50

EXPLANATION OF SCALE HEADINGS:

P-effective radiated power of fixed 72-76 Mc/s station in watts and equals the power output of the transmitter adjusted for transmission line loss and antenna gain. In symbols

where Po

30

G