[Federal Register Volume 63, Number 223 (Thursday, November 19, 1998)]
[Rules and Regulations]
[Pages 64199-64209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30381]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 5 and 90

[ET Docket No. 96-256, FCC 98-283]


Revision of the Experimental Radio Service Regulations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission revises the rules, which governs the 
Experimental Radio Service (ERS). This action will promote technical 
innovation and new services by encouraging experiments; ensure that 
experimental licenses do not result in abuse of our processes; 
eliminate unnecessary and burdensome experimental regulations; and 
protect public safety frequencies.

EFFECTIVE DATE: January 19, 1999.

FOR FURTHER INFORMATION CONTACT: Rodney Small, Office of Engineering 
and Technology, (202) 418-2452.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
ET Docket--96-256, FCC 98-283, adopted October 22, 1998, and released 
October 27, 1998. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room 239), 1919 M Street, NW, Washington, DC, 
and also may be purchased from the Commission's duplication contractor, 
International Transcription Service, (202) 857-3800, 1231 20th Street, 
NW, Washington, DC 20036.

Summary of the Report and Order

    1. The Notice of Proposed Rule Making (Notice), 62 FR 68698, 
December 30, 1996, in this proceeding, proposed a number of changes to 
part 5. The Commission noted that Section 303(g) of the Communications 
Act of 1934, as amended (the Act), authorizes the Commission to provide 
for experimental use of frequencies and charges the Commission with 
encouraging the larger and more effective use of radio in the public 
interest. The Commission further noted that the primary purpose of the 
ERS is to provide for experimental uses of radio frequencies and for 
development of techniques and systems that are not otherwise permitted 
under existing service rules, and that the ERS provides opportunity for 
manufacturers, inventors, entrepreneurs, and students to experiment 
with new radio technologies, new equipment designs, characteristics of 
radio wave propagation, or new service concepts related to the use of 
the radio spectrum.
    2. Additionally, the Commission observed that it last updated its 
ERS rules in 1983. Since that time, there have been significant changes 
in services and technologies, and the competitive and rapidly 
developing telecommunications market has increased the importance of 
maintaining current and useful rules to govern the ERS. The Commission 
stated that based on its experience, it believed that the ERS rules 
should be significantly modified to eliminate unnecessary and 
burdensome rules and to better promote experimentation, while ensuring 
that the experimental process is not abused.

[[Page 64200]]

    3. To promote technical innovation, we are permitting longer 
license terms, blanket licensing of related multiple experiments, 
construction of satellite experimental facilities to begin prior to 
licensing, and electronic filing of experimental applications. In the 
Notice, the Commission observed that, although experimental licenses 
are currently granted for two years, it may be beneficial to certain 
segments of the communications industry--in particular, companies that 
desire to conduct experiments that involve ongoing research and 
development--to provide for a longer license period. Accordingly, the 
Commission proposed an additional licensing option that would give 
applicants the ability to apply for a five-year license. However, the 
Commission requested comment on the appropriate length for such an 
extended license period and on whether this new class of experimental 
license should be limited to certain parties, such as those involved in 
long-term product development.
    4. We concur with the commenting parties that an option for a five-
year licensing term is desirable for all ERS applicants. We see no need 
to limit this option to only certain types of applicants, or to 
establish special rules for those applicants undertaking market 
studies, but we will require an applicant seeking an extended license 
term to show a need for the requested license term. We also conclude 
that license terms which vary from two to five years would provide 
greater flexibility, would serve the public interest, and should be 
permitted. We note that, currently, even with two-year license terms, 
we permit applicants to apply for licenses of terms shorter than two 
years. Therefore, we will extend this practice and will now permit 
applicants to apply for licenses of a term greater than two years, up 
to a maximum of five years. We are providing for this additional 
licensing flexibility to all experimental applicants who demonstrate 
that they require a license term longer than the normal two years. All 
licenses will be renewable upon an adequate showing of need.
    5. The Commission proposed to amend the rules governing the filing 
of experimental applications in order to simplify the filing process 
and to encourage applications to be filed. Specifically, the Commission 
proposed to delete the existing requirement for the filing of separate 
applications for fixed stations and for mobile stations and to allow an 
applicant to apply for all of the stations needed in its experimental 
system, including fixed stations and associated mobile units, with a 
single experimental license application. Similarly, the Commission 
proposed to amend its rules in order to permit the filing of a single 
application for multiple experiments, when doing so would be 
appropriate for the proposed project. Additionally, in order to 
facilitate the electronic filing of applications, the Commission 
proposed to amend its rules to permit the Commission's Office of 
Engineering and Technology (OET) to accept electronic signatures.
    6. We are adopting our proposal to allow an applicant to apply for 
all of the fixed and mobile stations in its experimental system on a 
single license application, to permit the filing of a single 
application for related multiple experiments, and to permit OET to 
accept electronic signatures. We find that these actions will 
facilitate experimentation and decrease the regulatory burden on our 
licensees and staff. Additionally, we adopt the recommendations of 
commenting parties that we allow applicants to apply for a blanket 
experimental license for all related facilities, allow manufacturers to 
conduct experiments under blanket nationwide licenses, and allow 
experimental licensees to change emission characteristics provided that 
their authorized maximum emissions envelope is not exceeded. We find 
that dispensing with the existing requirements for applying for 
additional authorizations in these circumstances will facilitate 
experimentation, increase administrative efficiency, and eliminate 
unnecessary regulatory burdens on ERS licensees. However, we will 
require licensees who operate under blanket licenses to notify us of 
the specific details of each individual experiment, including location, 
number of base and mobile units, power, emission designator, and any 
other pertinent technical information not specified by the blanket 
license; and we will require licensees who change emission 
characteristics to submit written notification to us demonstrating that 
such changes will not exceed the maximum emissions envelope established 
in the existing authorization.
    7. The Commission also proposed to permit ERS licenses to be issued 
to schools, as well as to individual students; to remove the current 
restriction that students be required to contact the Commission's local 
field office in advance of scheduled operation; and to modify the 
frequency bands used for student authorizations. Specifically, the 
Commission proposed to delete the 2483.5-2500 MHz band from the set of 
frequencies designated for student authorizations and to replace it 
with the 2402-2450 MHz and 10.00-10.50 GHz bands. The Commission 
requested comment on whether student experiments could be accommodated 
in those bands without causing harmful interference to existing users. 
In addition, the Commission requested comment on whether the 5725-5825 
MHz band should be made available for student authorizations. Further, 
in Sec. 5.405, which sets forth the power limitation governing student 
authorizations, the Commission proposed to remove the somewhat arcane 
reference to ``dc plate power'' and replace it with the more 
conventional requirement that the ``effective isotropic radiated 
power'' (EIRP) not exceed 4 watts, and requested comment on whether 
this power level would be appropriate, given the distances over which 
student experimenters typically would seek to communicate. Finally, the 
Commission requested comment about the level of supervision and the 
knowledge of radiofrequency emissions that may be required to supervise 
adequately elementary school-age children.
    8. Because we find that these proposals will facilitate student use 
of the radio spectrum and are otherwise in the public interest, we are 
adopting them, as in the rules. We are not, however, authorizing use of 
the 5725-5825 MHz band for student experimentation because that band 
was recently allocated for use by a new category of unlicensed 
equipment, known as Unlicensed National Information Infrastructure (U-
NII) devices, and we find that there would be too great a potential for 
harmful interference in the band if student use were permitted in 
addition to the authorized use of the band. Specifically, because U-NII 
devices may operate anywhere in the 5725-5825 MHz band, there would be 
no way to ensure that a student experiment in a particular geographic 
area would not operate on the same frequency as a U-NII device.
    9. Further, we are making special temporary authorizations (STAs) 
easier to obtain by making them independent of other experimental 
licenses and by expediting their processing where circumstances 
warrant. Special temporary authorizations are currently issued in cases 
in which a need is shown for operation of an authorized station for a 
limited time only, in a manner other than that specified in an existing 
experimental license, but not in conflict with our ERS rules.
    10. We find that there is no reason to require a regular 
experimental license as a precondition for obtaining an STA. Permitting 
STAs to be granted on a

[[Page 64201]]

stand-alone basis will decrease the burden on applicants and will 
increase administrative efficiency. Further, we find that it is in the 
public interest to grant STAs on short notice in some instances and to 
specify more clearly the information needed in an application for STA. 
These changes will, respectively, permit applicants greater flexibility 
and decrease the burden on applicants and increase administrative 
efficiency.
    11. To prevent abuses of our Experimental License processes, we are 
limiting the size and scope of each market study on a case-by-case 
basis, and we will immediately terminate any such study that we 
determine to be in excess of this size and scope. Additionally, we are 
limiting STAs to single, non-renewable authorizations. The Commission 
observed that in some instances its experimental processes have been 
abused by companies attempting to establish under the guise of 
experimental licenses commercial businesses that would normally require 
permanent licenses. Such abuse can be particularly unfair when a 
commercial business is being provided under an experimental license in 
competition with a similar business provided under a permanent license. 
Accordingly, the Commission proposed that as a condition of granting 
experimental licenses for market studies, it would require licensees to 
limit the size and scope of each study. The Commission stated that it 
would determine the appropriate limits for market studies on a case-by-
case basis and terminate any such study that exceeds these limits. We 
conclude that some limits on market studies are necessary. Therefore, 
we find it appropriate to specify limits for market studies on a case-
by-case basis.
    12. The Commission also observed that there has been some abuse of 
STAs. The Commission stated that STAs are intended for temporary, 
short-term operation, but in the past some parties have used them as 
substitutes for experimental licenses by requesting repeated extensions 
of the STA and thus have created unnecessary administrative and 
paperwork burdens on the Commission's staff. The Commission therefore 
proposed to amend its rules to state that in the absence of extenuating 
circumstances no extensions of STAs would be granted, and that holders 
of STAs who wish to continue experimentation must apply for regular 
experimental licenses at least 60 days prior to expiration of their 
STAs.
    13. Accordingly, we will require STA holders who wish to continue 
operations beyond the expiration date of the STA to file an ERS 
application no later than 15 days prior to that date. In such cases 
where the ERS application has been timely filed, the STA shall continue 
in force automatically until action is taken on the application. We 
also clarify that an STA must not be in conflict with the ERS rules, 
but in some instances an STA--like a regular experimental 
authorization--may be in conflict with rules for non-experimental radio 
services. We believe that these decisions will best serve the public 
interest by preventing abuses of our processes while providing 
reasonable flexibility to holders of STAs.
    14. To reduce the regulatory burden, we are eliminating the 
requirement that experimental licensees contact our Compliance and 
Information Bureau (CIB) before commencing operation; eliminating rules 
that specify that a construction permit be obtained in conjunction with 
an experimental license and that expiration dates of experimental 
licenses be distributed over the 12 calendar months; and permitting 
licensees to make discrete changes in emission characteristics without 
being required to submit applications for modification, provided that 
they establish that such changes would not exceed the maximum emissions 
envelope in the existing authorization. Further, we are consolidating 
and reorganizing the rules, including transferring wildlife and ocean 
buoy tracking operations from Part 5 to Part 90. Finally, to protect 
public safety frequencies, we are adopting new rules to ensure that 
experiments avoid those frequencies except when there is a compelling 
need to use them.

Final Regulatory Flexibility Analysis

    15. As required by Section 603 of the Regulatory Flexibility Act, 5 
U.S.C. 603 (``RFA''), an Initial Regulatory Flexibility Analysis 
(``IRFA'') was incorporated into the Notice in ET Docket No. 96-
256.1 The Commission sought written public comments on the 
proposals in the Notice, including the IRFA. The Commission's Final 
Regulatory Flexibility Analysis (``FRFA'') in this Report and Order 
conforms to the RFA, as amended by the Contract With America 
Advancement Act of 1996 (CWAAA), Pub. L. 104-121, 110 Stat. 847 
(1996).2
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    \1\ 11 FCC Rcd 20130 (1996).
    \2\ Subtitle II of the CWAAA is ``The Small Business Regulatory 
Enforcement Fairness Act of 1996'' (SBREFA), codified at 5 U.S.C. 
601 et seq.
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Need For and Objective of the Rules

    16. In this decision, the Commission revises its Experimental Radio 
Service rules. This action is needed to promote technical innovation 
and new services by encouraging experiments, ensure that experimental 
licenses do not result in abuse of the Commission's processes, 
eliminate unnecessary and burdensome experimental regulations, and 
protect public safety frequencies.

Summary of Issues Raised by the Public Comments in Response to the IRFA

    17. No comments were filed in direct response to the IRFA. However, 
in general comments to the Notice, some parties recommended 
modifications to our proposals. Specifically, parties recommended 
granting blanket experimental license for all related facilities, 
allowing manufacturers to conduct experiments under blanket nationwide 
licenses, and allowing experimental licensees to change emission 
characteristics that do not exceed the maximum emissions envelope in 
their existing authorizations without license modifications. We agree 
that these recommendations will facilitate experimentation and increase 
efficiency, and are adopting them.

Description and Estimate of Small Entities Subject to Which Rules Will 
Apply

    18. The RFA generally defines a ``small business'' to be the same 
as a ``small business concern'' under the Small Business Act, 15 U.S.C. 
632, unless the Commission has developed one or more definitions that 
are appropriate to its activities.3 Under the SBA, a ``small 
business concern'' is one that: (1) is independently owned and 
operated; (2) is not dominant in its field of operation; and (3) meets 
any individual criteria established by the Small Business 
Administration (SBA).4
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    \3\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 5 U.S.C. 632).
    \4\ 15 U.S.C. 632.
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    19. The Commission has not developed a definition of small entities 
applicable to experimental licensees. Therefore, the applicable 
definition of small entity is the definition under the Small Business 
Administration (SBA) rules applicable to radiotelephone companies. SBA 
has defined a small business for Standard Industrial Classification 
(SIC) category 4812 (Radiotelephone Communications) to be small 
entities when they have fewer than 1500 employees.5
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    \5\ 13 CFR 121.201 Standard Industrial Classification (SIC) Code 
4812.
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    20. The Commission processes approximately 1,000 applications a 
year for experimental radio operations. About half of these are 
renewals and the

[[Page 64202]]

other half are for new licenses. The majority of experimental licenses 
are issued to companies such as Motorola and Department of Defense 
contractors such as Northrop, Lockheed and Martin Marietta. Businesses 
such as these may have as many as 200 licenses at one time. The 
majority of these applications, 70 percent, are from entities such as 
these. Given this fact, the remaining 30 percent of applications, we 
assume, for purposes of our evaluations in the FRFA, will be awarded to 
small entities, as that term is defined by the SBA.

Projected Reporting, Recordkeeping and Other Compliance Requirements of 
the Rules

    21. Adoption of our proposals should decrease the regulatory burden 
on all experimental license applicants, including small entities. For 
example, we are permitting applicants the option of applying for a 
five-year experimental license, in addition to maintaining the current 
two-year license. We anticipate that a longer term license will reduce 
the number of renewal applications, and thereby decrease the regulatory 
burden. We are also removing an unnecessary requirement that STA 
applicants hold experimental licenses, and are clarifying the STA 
rules. We are also replacing existing Sections 5.55(a) and 5.55(b) of 
our rules with a single provision that will allow an applicant to apply 
for all of the stations in its experimental system, including fixed 
stations and associated mobile units, on one experimental license 
application; and similarly to modify Section 5.62 to permit the filing 
of only a single application for multiple related experiments. 
Additionally, this action increases the opportunities for students to 
obtain experimental authorizations, remove requirements that certain 
licensees notify the FCC's field offices prior to commencing 
operations, and eliminates obsolete rules. These changes should have a 
positive effect on small entities; however, we are unable to quantify 
all potential effects on such entities.

Steps Taken To Minimize Significant Economic Impact on Small Entities 
and Significant Alternatives Considered

    22. We believe that our actions to revise our ERS rules will 
eliminate unnecessary and burdensome regulations for small entities. 
Section 303(g) of the Communications Act of 1934, as amended, charges 
the Commission with encouraging the larger and more effective use of 
radio in the public interest. We have considered the alternative of not 
making the proposed revisions; however, we believe that would not serve 
the public interest and would continue to place an unnecessary burden 
on licensees.

Report to Congress

    23. The Commission shall send a copy of this Final Regulatory 
Flexibility Analysis, along with this Report and Order, in a report to 
Congress pursuant to the Small Business Regulatory Enforcement Fairness 
Act of 1996, 5 U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 5

    Radio.

47 CFR Part 90

    Communications equipment, Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble parts 5 and 90 of Title 
47 of the Code of Federal Regulations are amended as follows:
    1. The entire part 5 of Title 47 of the Code of Federal Regulations 
is revised as follows:

PART 5--EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)

Subpart A--General

5.1  Basis and purpose.
5.3  Scope of service.
5.5  Definition of terms.

Subpart B--Applications and Licenses

5.51  Eligibility of license.
5.53  Station authorization required.
5.55  Filing of applications.
5.57  Who may sign applications.
5.59  Forms to be used.
5.61  Procedure for obtaining a special temporary authorization.
5.63  Supplementary statements required.
5.65  Defective applications.
5.67  Amendment or dismissal of applications.
5.69  Partial grants.
5.71  License period.
5.73  Experimental report.
5.75  Number of licenses required.
5.77  Change in equipment and emission characteristics.
5.79  Transfer and assignment of station authorization.
5.81  Discontinuance of station operation.
5.83  Cancellation provisions.
5.85  Frequencies and policy governing their assignment.
5.87  Frequencies for field strength surveys or equipment 
demonstrations.
5.89  School and student authorizations.
5.91  Notification to the National Radio Astronomy Observatory.
5.93  Limited market studies.

Subpart C--Technical Standards and Operating Requirements

5.101  Frequency stability.
5.103  Types of emission.
5.105  Authorized bandwidth.
5.107  Transmitter control requirements.
5.109  Antenna and tower requirements.
5.111  General limitations on use.
5.113  Adherence to program of research.
5.115  Station identification.
5.117  Suspension of transmission required.
5.119  Posting station licenses.
5.121  Retention of station records.
5.123  Inspection of stations.
5.125  Authorized points of communication.

    2. The authority citation for part 5 is revised to read as follows:

    Authority: Secs. 4, 302, 303, 48 Stat. 1066, 1082, as amended; 
47 U.S.C. 154, 302, 303. Interpret or apply sec. 301, 48 Stat. 1081, 
as amended; 47 U.S.C. 301.

PART 5--EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)

Subpart A--General


Sec. 5.1  Basis and purpose.

    (a) The rules following in this part are promulgated pursuant to 
the provisions of Title III of the Communications Act of 1934, as 
amended, which vests authority in the Federal Communications Commission 
to regulate radio transmissions and to issue licenses for radio 
stations.
    (b) The purpose of this part is to prescribe the manner in which 
parts of the radio frequency spectrum may be made available for 
experimentation as defined and provided for in this part.


Sec. 5.3  Scope of service.

    Stations operating in the Experimental Radio Service will be 
permitted to conduct the following type of operations:
    (a) Experimentations in scientific or technical radio research.
    (b) Experimentations under contractual agreement with the United 
States Government, or for export purposes.
    (c) Communications essential to a research project.
    (d) Technical demonstrations of equipment or techniques.
    (e) Field strength surveys by persons not eligible for 
authorization in any other service.
    (f) Demonstration of equipment to prospective purchasers by persons 
or state and local governmental subdivisions engaged in the business of 
selling radio equipment.
    (g) Testing of equipment in connection with production or 
regulatory approval of such equipment.
    (h) Development of radio technique, equipment or engineering data 
not

[[Page 64203]]

related to an existing or proposed service, including field or factory 
testing or calibration of equipment.
    (i) Development of radio technique, equipment, operational data or 
engineering data related to an existing or proposed radio service.
    (j) Limited market studies.
    (k) Types of experiments that are not specifically covered under 
paragraphs (a) through (j) of this section will be considered upon 
demonstration of need for such additional types of experiments.


Sec. 5.5  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).
    Authorized frequency. The frequency assigned to a station by the 
Commission and specified in the instrument of authorization.
    Authorized power. The power assigned to a radio station by the 
Commission and specified in the instrument of authorization.
    Experimental radio service. A service in which radio waves are 
employed for purposes of experimentation in the radio art or for 
purposes of providing essential communications for research projects 
that could not be conducted without the benefit of such communications.
    Experimental station. A station utilizing radio waves in 
experiments with a view to the development of science or technique.
    Fixed service. A radiocommunication service between specified fixed 
points.
    Fixed station. A station in the fixed service.
    Harmful interference. Any radiation or induction that endangers the 
functioning of a radionavigation or 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.
    Landing area. As defined by 49 U.S.C. 40102(a)(28) of the Civil 
Aeronautics Act of 1938, as amended, any locality, either of land or 
water, including airdromes and intermediate landing fields, that 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.
    Land station. A station in the mobile service not intended for 
operation while in motion.
    Mobile service. A radiocommunication service between mobile and 
land stations, or between mobile stations.
    Mobile station. A station in a mobile service intended to be used 
while in motion or during halts at unspecified points.
    Person. An individual, partnership, association, joint stock 
company, trust, or corporation.
    Public correspondence. Any telecommunication that offices and 
stations, by reason of their being at the disposal of the public, must 
accept for transmission.
    Radio service. An administrative subdivision of the field of 
radiocommunication. In an engineering sense, the subdivisions may be 
made according to the method of operation, as, for example, mobile 
service and fixed service. In a regulatory sense, the subdivisions may 
be descriptive of particular groups of licensees, as, for example, the 
groups of persons licensed under this part.
    Station authorization. Any license or special temporary 
authorization issued by the Commission.

Subpart B--Applications and Licenses


Sec. 5.51  Eligibility of license.

    (a) Authorizations for stations in the Experimental Radio Service 
will be issued only to persons qualified to conduct experimentation 
utilizing radio waves for scientific or technical operation data 
directly related to a use of radio not provided by existing rules; or 
for communications in connection with research projects when existing 
communications facilities are inadequate.
    (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 file 
applications and conduct such projects under the developmental rules of 
the established service.
    (c) A station license shall not be granted to or held by a foreign 
government or a representative thereof.


Sec. 5.53  Station authorization required.

    (a) No radio transmitter shall be operated in the Experimental 
Radio Service except under and in accordance with a proper station 
authorization granted by the Commission. However, construction of 
proposed experimental satellite facilities may begin prior to 
Commission grant of an authorization. Such construction will be 
entirely at the applicant's risk and will not entitle the applicant to 
any assurances that its proposed experiment will be subsequently 
approved or regular services subsequently authorized. Additionally, the 
applicant must notify the Commission's Office of Engineering and 
Technology in writing that it plans to begin construction at its own 
risk.
    (b) Persons desiring to install and operate radio transmitting 
equipment under this part should first submit an application for a 
radio station license in accordance with Sec. 5.59 of this part.
    (c) If installation and/or operation of the equipment may 
significantly impact the environment, see Sec. 1.1307 of this chapter, 
an environmental assessment as defined in Sec. 1.1311 of this chapter 
must be submitted with the application.


Sec. 5.55  Filing of applications.

    (a) To assure that necessary information 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 Radio Service are discussed in Sec. 5.59 of this part, and 
may be obtained by calling the FCC FORMS hotline, (202) 418-FORM. If no 
standard form is applicable, the informal application procedure 
outlined in Sec. 5.59(f) of this part should be followed.
    (b) Any application for radio station authorization and all 
correspondence relating thereto shall be submitted to the Commission's 
Office of Engineering and Technology, Washington, DC 20554. 
(Applications requiring fees as set forth in part 1, subpart G of this 
chapter must be filed in accordance with Sec. 0.401(b) of this chapter.
    (c) 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.
    (d) Applications involving temporary operation: When an 
experimental program is expected to last no more than six months, its 
operation shall be considered temporary and the special temporary 
authorization procedure outlined in Sec. 5.61 of this part shall apply.


Sec. 5.57  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

[[Page 64204]]

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/her 
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/her knowledge), he/she shall 
separately set forth 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, 
Sec. 1001, and by appropriate administrative sanctions, including 
revocation of station license pursuant to sec. 312(a)(1) of the 
Communications Act of 1934, as amended.
    (e) ``Signed,'' as used in this section, means an original 
handwritten signature; however, the Office of Engineering and 
Technology may allow signature by any symbol executed or adopted by the 
applicant with the intent that such symbol be a signature, including 
symbols formed by computer-generated electronic impulses.


Sec. 5.59  Forms to be used.

    (a) Application for experimental radio license. Entities requesting 
an experimental authorization must submit FCC Form 442 (application). A 
single FCC Form 442 may be used for several radio components of an 
experimental program, however, unrelated experimental programs should 
be filed on separate applications.
    (b) Application for modification of experimental license. An 
application for modification of experimental authorization shall be 
submitted on FCC Form 442. A blanket application may be submitted for 
modification of a group of authorizations of the same class as long as 
the scope of the modifications are specified in the application. The 
individual authorizations covered by such an application shall be 
clearly identified therein. However, application for modification to 
change location of an experimental authorization shall be filed as a 
separate application.
    (c) Application for renewal of experimental authorization. 
Application for renewal of station license shall be submitted on FCC 
Form 405. A blanket application may be submitted for renewal of a group 
of station licenses in the same class in those cases in which the 
renewal requested is in exact accordance with the terms of the existing 
authorizations. The individual stations covered by such applications 
shall be clearly identified thereon. Unless otherwise directed by the 
Commission, each application for renewal of license shall be filed at 
least 60 days prior to the expiration date of the license to be 
renewed.
    (d) Application for consent to assign an experimental 
authorization. Application on FCC Form 702 shall be submitted when the 
legal right to construct or to control the use and operation of a 
station 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 station authorization or by involuntary assignment 
of the physical property constituting the station under a court decree 
in bankruptcy proceedings, or other court order, or by operation of law 
in any other manner. Such application must be accompanied by the FCC 
Form 442 of which only the certification need be signed by the proposed 
assignee. No other information is required to be submitted on this 
form.
    (e) Application for consent to transfer control of Corporation 
holding experimental authorization. Application for consent to transfer 
control shall be submitted on FCC Form 703 whenever it is proposed to 
change the control of a corporation holding a station authorization.
    (f) Informal application. (1) An application not submitted on a 
standard form prescribed by the Commission is considered to be an 
informal application. Each informal application shall be submitted 
normally in letter form, and with the original signed in accordance 
with Sec. 5.57 of this part. Each application shall be clear and 
complete within itself as to the facts presented and the action 
desired.
    (2) An informal application for authority to operate transmitting 
equipment will be accepted only under the conditions set forth for 
special temporary authorizations in Sec. 5.61 of this part.


Sec. 5.61  Procedure for obtaining a special temporary authorization.

    (a) The Commission may issue a special temporary authorization 
under this part in cases in which a need is shown for operation of a 
station for six months or less, provided such operation is not in 
conflict with the Commission's rules in this part. In cases in which an 
applicant sets forth compelling reasons why a special temporary 
authorization must be granted expeditiously, preference will be given 
to processing the application.
    (b) Extensions of a special temporary authorization will be granted 
provided that an application for a regular experimental license has 
been filed at least 15 days prior to the expiration of the licensee's 
temporary authority. When such an application is timely filed, 
operations may continue in accordance with the other terms and 
conditions of the temporary authority pending disposition of the 
application, unless the applicant is notified otherwise by the 
Commission.
    (c) An application for special temporary authorization may be filed 
as an informal application in the manner prescribed by Sec. 5.59(f) of 
this part and shall contain the following information:
    (1) Name, address, phone number (also e-mail address and facsimile 
number, if available) of the applicant.
    (2) Description of why an STA is needed.
    (3) Description of the operation to be conducted and its purpose.
    (4) Time and dates of proposed operation.
    (5) Class(es) of station (fixed, mobile, fixed and mobile) and call 
sign of station (if applicable).
    (6) Description of the location(s) and geographical coordinates of 
the proposed operation. Indication of which coordinate datum (NAD-27 or 
NAD-83) applies.
    (7) Equipment to be used, including name of manufacturer, model and 
number of units.
    (8) Frequency(ies) desired.
    (9) Maximum effective radiated power (ERP).
    (10) Emission designator (see Sec. 2.201 of this chapter) or 
describe emission (bandwidth, modulation, etc.)
    (11) Overall height of antenna structure above the ground (if 
greater than 6 meters above the ground or an existing structure, see 
Part 17 of this Chapter concerning notification to the FAA).

[[Page 64205]]

Sec. 5.63  Supplementary statements required.

    (a) Each applicant for an authorization in the Experimental Radio 
Service must enclose with the application a narrative statement 
describing in detail the program of research and experimentation 
proposed, the specific objectives sought to be accomplished; and how 
the program of experimentation has a reasonable promise of contribution 
to the development, extension, or expansion, or utilization of the 
radio art, or is along lines not already investigated. An applicant may 
request non-disclosure of proprietary information submitted under this 
part. These requests should follow the procedures for submission set 
forth in Sec. 0.459 of this chapter.
    (b) If the authorization is to be used for the purpose of 
fulfilling the requirements of a contract with an agency of the United 
States Government, the applicant shall submit a narrative statement 
describing the project, the name of the contracting agency, and the 
contract number.
    (c) If the authorization is to be used for the sole purpose of 
developing equipment for exportation to be employed by stations under 
the jurisdiction of a foreign government, the applicant shall submit a 
narrative statement describing the project, any associated contract 
number, and the name of the foreign government concerned.
    (d) The provisions of paragraph (a) of this section shall not be 
applicable to applications for an authorization in the Experimental 
Radio Service to be used for communications essential to a research 
project in which other means of communications are inadequate or not 
available. In such cases, applicants shall include as part of the 
application for an authorization the following:
    (1) A description of the nature of the research project being 
conducted.
    (2) A showing that communications facilities are necessary for the 
research project involved.
    (3) A showing that existing communications facilities are 
inadequate or unavailable.


Sec. 5.65  Defective applications.

    (a) Applications that are defective with respect to completeness of 
answers to required questions, execution or other matters of a purely 
formal character may not be received for filing by the Commission, and 
may be returned to the applicant with a brief statement as to the 
omissions.
    (b) If an applicant is requested by the Commission to file any 
documents or information not included in the prescribed application 
form, a failure to comply with such request will constitute a defect in 
the application.
    (c) Applications that are not in accordance with the Commission's 
rules, regulations, or other requirements will be considered defective 
unless accompanied either by:
    (1) a petition to amend any rule, regulation, or requirement with 
which the application is in conflict; or
    (2) a request of the applicant for waiver of, or an exception to, 
any rule, regulation, or requirement with which the application is in 
conflict. Such request shall show the nature of the waiver or exception 
desired and set forth the reasons in support thereof.


Sec. 5.67  Amendment or dismissal of applications.

    (a) Any application may be amended or dismissed without prejudice 
upon request of the applicant prior to the time the application is 
granted. Each amendment to, or request for dismissal of an application 
shall be signed, authenticated, and submitted in the same manner and 
with the same number of copies as required for the original 
application. All subsequent correspondence or other material that the 
applicant desires to have incorporated as a part of an application 
already filed shall be submitted in the form of an amendment to the 
application.
    (b) Failure to prosecute an application, or failure to respond to 
official correspondence or request for additional information, will be 
cause for dismissal. Such dismissal will be without prejudice.


Sec. 5.69  Partial grants.

    In cases in which the Commission grants an application in part, or 
with any privileges, terms, or conditions other than those requested, 
or subject to any interference that may result to a station if 
designated application or applications are subsequently granted, the 
action of the Commission shall be considered as a grant of such 
application unless the applicant shall, within 30 days from the date on 
which such grant is made or from its effective date if a later date is 
specified, file with the Commission a written request rejecting the 
grant as made. Upon receipt of such request, the Commission will 
coordinate with the applicant in an attempt to resolve problems arising 
from the grant.


Sec. 5.71  License period.

    (a) The regular license period for stations in the Experimental 
Radio Service is either 2 or 5 years. An applicant desiring to apply 
for a 5-year license must provide justification for its need for a 
license of that duration. A license may be renewed upon an adequate 
showing of need.
    (b) A license will not be granted for a period longer than that 
which is required for completion of the experimental project. If such 
period is estimated to be less than 2 years, or between 2-5 years, a 
statement to that effect by the applicant may facilitate grant of the 
application. See also Sec. 5.69 of this part.


Sec. 5.73  Experimental report.

    (a) Unless specifically stated as a condition of the authorization, 
licensees are not required to file a report on the results of the 
experimental program carried on under this subpart.
    (b) The Commission may, as a condition of authorization, request 
the licensee to forward periodic reports in order to evaluate the 
progress of the experimental program.
    (c) An applicant may request that the Commission withhold from the 
public certain reports and associated material and the Commission will 
do so unless the public interest requires otherwise. These requests 
should follow the procedures for submission set forth in Sec. 0.459 of 
this chapter.


Sec. 5.75  Number of licenses required.

    An application for a station embracing widely divergent and 
unrelated experimentations will normally require a separate license for 
each experiment. However, if the experiments are related or conducted 
by the same manufacturer, an applicant may apply for a blanket license 
encompassing the entire experimental program. If a blanket license is 
granted, licensees will be required to notify the Commission of the 
specific details of each individual experiment, including location, 
number of base and mobile units, power, emission designator, and any 
other pertinent technical information not specified by the blanket 
license.


Sec. 5.77  Change in equipment and emission characteristics.

    (a) A change may be made in a licensed transmitter without specific 
authorization from the Commission provided that the change does not 
result in operations inconsistent with any term of the outstanding 
authorization for the station involved.
    (b) Discrete changes in emission characteristics may be made 
without specific authorization from the Commission provided that the 
Commission is given written notification demonstrating that such 
changes will not exceed the maximum

[[Page 64206]]

emissions envelope established in the existing authorization. Changes 
made pursuant to such notification that become a permanent part of the 
licensee's experimental program must be listed in the licensee's next 
application for renewal.
    (c) Prior authorization from the Commission is required before the 
following antenna changes may be made at a station at a fixed location:
    (1) Any change that will either increase the height of a structure 
supporting the radiating portion of the antenna or decrease the height 
of a lighted antenna structure.
    (2) Any change in the location of an antenna when such relocation 
involves a change in the geographic coordinates of latitude or 
longitude by as much as one second, or when such relocation involves a 
change in street address.


Sec. 5.79  Transfer and assignment of station authorization.

    A station authorization, the frequencies 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, unless the Commission 
shall, after securing full information, decide that such a transfer is 
in the public interest and give its consent in writing. Requests for 
authority to transfer or assign a station authorization shall be 
submitted on the forms prescribed by Sec. 5.59 of this part.


Sec. 5.81  Discontinuance of station operation.

    In case of permanent discontinuance of operation of a fixed or land 
station in the Experimental Radio Service, or in case of permanent 
discontinuance of operation of all transmitter units listed in the 
license for a mobile station in the Experimental Radio Service, the 
licensee shall forward the station license to the Commission's Office 
of Engineering and Technology for cancellation.


Sec. 5.83  Cancellation provisions.

    The applicant for a station in the Experimental Radio Services 
accepts the license with the express understanding: (a) that the 
authority to use the frequency or frequencies assigned is granted upon 
an experimental basis only and does not confer any right to conduct an 
activity of a continuing nature; and
    (b) that said grant is subject to change or cancellation by the 
Commission at any time without hearing if in its discretion the need 
for such action arises. However, a petition for reconsideration or 
application for review may be filed to such Commission action.


Sec. 5.85  Frequencies and policy governing their assignment.

    (a) Stations operating in the Experimental Radio Service 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, provided that the need for the frequency requested is fully 
justified by the applicant.
    (b) Each frequency or band of frequencies available for assignment 
to stations in the Experimental Radio Service is available on a shared 
basis only, and will not be assigned for the exclusive use of any one 
applicant, and such use may also be restricted to one or more specified 
geographical areas. Not more than one frequency in a band of 
frequencies will normally be assigned for the use of a single applicant 
unless a showing is made demonstrating that need for the assignment of 
additional frequencies is essential to the proposed program of 
experimentation.
    (c) Frequency assignments will be made only on the condition that 
harmful interference will not be caused to any station operating in 
accordance with the Table of Frequency Allocation of part 2 of this 
chapter.
    (d) Use of Public Safety Frequencies. Applicants in the 
Experimental Radio Service must avoid use of public safety frequencies 
except when a compelling showing can be made that use of such 
frequencies is in the public interest. Public safety frequencies are 
identified in subpart B (Public Safety Radio Services) and subpart C 
(Special Emergency Radio Service) of part 90 of this Chapter. In 
addition, subpart S of part 90 of this chapter contains rules for the 
assignment of frequencies that may be used by Public Safety Radio 
Services in the 806-824 MHz and 851-869 MHz bands. If an experimental 
license to use public safety radio frequencies is granted, the 
authorization will be conditioned to require coordination between the 
experimental licensee and the appropriate frequency coordinator and/or 
all of the public safety licensees in its intended area of operation.
    (e) The Commission may, at its discretion, condition any 
experimental license or STA on the requirement that before commencing 
operation, the new licensee coordinate its proposed facility with other 
licensees that may receive interference as a result of the new 
licensee's operations.
    (f) Protection of FCC monitoring stations. (1) Applicants are 
advised to give consideration, prior to filing applications, to the 
need to protect FCC monitoring stations from harmful interference. 
Geographical coordinates of such stations are listed in Sec. 0.121(b) 
of this chapter. Applications for stations (except mobile stations) 
that will produce on any frequency a direct wave fundamental field 
strength of greater than 10 mV/m in the authorized bandwidth of service 
(-65.8 dBW/m 2 power flux density assuming a free space 
characteristic impedance of 120 ohms) at the referenced 
coordinates, may be examined to determine the extent of possible 
interference. Depending on the theoretical field strength value or 
other ambient radio field signal levels at the indicated coordinates, a 
clause protecting the monitoring station may be added to the station 
authorization.
    (2) In the event that calculated value of expected field strength 
exceeds 10 mV/m (-65.8 dBW/m 2) at the reference 
coordinates, or if there is any question whether field strength levels 
might exceed the threshold value, advance consultation with the FCC to 
discuss any protection necessary should be considered. Prospective 
applicants may communicate with the Technology Division, Compliance and 
Information Bureau, telephone (202) 418-1210, Federal Communications 
Commission, Washington, DC 20554.
    (3) Advance consultation is suggested particularly for those 
applicants who have no reliable data that indicates whether the field 
strength or power flux density figure indicated would be exceeded by 
their proposed radio facilities (except mobile stations). In such 
instances, the following is a suggested guide for determining whether 
an applicant should coordinate:
    (i) All stations within 2.4 kilometers (1.5 statute miles);
    (ii) Stations within 4.8 kilometers (3 statute miles) with 50 watts 
or more average ERP in the primary plane of polarization in the 
azimuthal direction of the Monitoring Station;
    (iii) Stations within 16 kilometers (10 statute miles) with 1 kW or 
more average ERP in the primary plane of polarization in the azimuthal 
direction of the Monitoring Station;
    (iv) Stations within 80 kilometers (50 statute miles) with 25 kW or 
more average ERP in the primary plane of polarization in the azimuthal 
direction of the Monitoring Station.
    (4) Advance coordination for stations operating above 1000 MHz is 
recommended only where the proposed station is in the vicinity of a 
monitoring station designated as a satellite monitoring facility in 
Sec. 0.121(c) of this

[[Page 64207]]

Chapter and also meets the criteria outlined in paragraphs (d) (2) and 
(3) of this section.
    (5) The Commission will not screen applications to determine 
whether advance consultation has taken place. However, applicants are 
advised that such consultation can avoid objections from the 
Commission.


Sec. 5.87  Frequencies for field strength surveys or equipment 
demonstrations.

    (a) Authorizations issued under Secs. 5.3 (e) and (f) of this part 
will normally not have specific frequencies designated in a station 
license. Prior to the commencement of a survey or demonstration, the 
licensee will request a specific frequency assignment and submit the 
following information:
    (1) Time, date and duration of survey.
    (2) Frequency to be used.
    (3) Location of transmitter and geographical area to be covered.
    (4) Purpose of survey.
    (5) Method and equipment to be used.
    (6) Names and addresses of persons for whom the survey is 
conducted.
    (b) [Reserved]


Sec. 5.89  School and student authorizations.

    The Commission may issue an authorization to schools or students 
for the purpose of presenting experiments or technical demonstrations 
for school or school approved projects that require the use of radio 
for a limited period of time. Such authorizations may be granted at the 
discretion of the Commission.
    (a) An application for a school or student authorization may be 
filed in letter form and must comply with the provisions of Sec. 5.63, 
of this part except where specified below. The application must be 
accompanied by a signed statement from a member of faculty of the 
school, on appropriate letterhead, indicating the person under whose 
general supervision the project will be conducted. In the case of 
student authorizations, the letter must state that the project has the 
approval of the school.
    (b) Frequencies in the following bands are available for assignment 
in authorizations issued under this section:

27.23-27.28 MHz.
460-461 MHz.
462.525-467.475 MHz.
2402-2483.5 MHz.
10.00-10.50 GHz.

    (c) Operations under this section shall not exceed a peak envelope 
output power of 4 watts. The Commission may authorize a greater power 
if a satisfactory showing is made that such greater power is necessary 
and that appropriate measures will be taken to prevent interference.
    (d) The frequency of operation must be measured or checked prior to 
each time of operation.
    (e) Subject to the provisions of (b), (c) and (d), the provisions 
in subpart C of this part are waived insofar as such provisions require 
a station authorized under this section to observe the technical and 
operating restrictions set forth therein.
    (f) The licensee holding an authorization issued under this section 
shall maintain a record of operation containing the following 
information:
    (1) A brief description of the experimentation being conducted.
    (2) The date and time of each period of operation.
    (3) The frequency of operation as measured or checked at the 
beginning of each period of operation.
    (g) The record of operation shall be retained for one month after 
the termination of the authorization.


Sec. 5.91  Notification of the National Radio Astronomy Observatory.

    In order to minimize possible harmful interference at the National 
Radio Astronomy Observatory site located at Green Bank, Pocahontas 
County, West Virginia, and at the Naval Radio Research Observatory site 
at Sugar Grove, Pendleton County, West Virginia, any applicant for a 
station authorization other than mobile, temporary base, temporary 
fixed, Personal Radio, Civil Air Patrol, or Amateur seeking a station 
license for a new station, or a construction permit to construct a new 
station or to modify an existing station license in a manner that would 
change either the frequency, power, antenna height or directivity, or 
location of such a station within the area bounded by 39 deg. 15' N on 
the north, 78 deg. 30' W on the east, 37 deg. 30' N on the south and 80 
deg. 30' W on the west shall, at the time of filing such application 
with the Commission, simultaneously notify the Director, National Radio 
Astronomy Observatory, P.O. Box NZ2, Green Bank, West Virginia, 24944, 
in writing, of the technical particulars of the proposed station. Such 
notification shall include the geographical coordinates of the antenna, 
antenna height, antenna directivity if any, frequency, type of 
emission, and power. In addition, the applicant shall indicate in its 
application to the Commission the date notification was made to the 
Observatory. After receipt of such applications, the Commission will 
allow a period of twenty (20) days for comments or objections in 
response to the notifications indicated. If an objection to the 
proposed operation is received during the twenty-day period from the 
National Radio Astronomy Observatory for itself or on behalf of the 
Naval Radio Research Observatory, the Commission will consider all 
aspects of the problem and take whatever action is deemed appropriate.


Sec. 5.93  Limited market studies.

    Unless otherwise stated in the instrument of authorization, 
licenses granted for the purpose of limited market studies pursuant to 
Sec. 5.3(j) of this part are subject to the following conditions:
    (a) All transmitting and/or receiving equipment used in the study 
shall be owned by the licensee.
    (b) The licensee is responsible for informing anyone participating 
in the experiment that the service or device is granted under an 
experimental authorization and is strictly temporary.
    (c) The size and scope of the experiment are subject to limitations 
as the Commission shall establish on a case-by-case basis. If the 
Commission subsequently determines that a market study is not so 
limited, the study shall be immediately terminated.

Subpart C-- Technical Standards and Operating Requirements


Sec. 5.101  Frequency stability.

    An applicant must propose to use a frequency tolerance that would 
confine emissions within the band of operation, unless permission is 
granted to use a greater frequency tolerance. Equipment is presumed to 
operate over the temperature range -20 to +50 degrees celsius with an 
input voltage variation of 85% to 115% of rated input voltage, unless 
justification is presented to demonstrate otherwise.


Sec. 5.103  Types of emission.

    Stations in the Experimental Radio Service may be authorized to use 
any of the classifications of emissions covered in part 2 of this 
chapter.


Sec. 5.105  Authorized bandwidth.

    Each authorization issued to a station operating in this service 
will show, as the prefix to the emission classification, a figure 
specifying the maximum necessary bandwidth in kilohertz for the 
emission used. The authorized bandwidth is considered to be the 
occupied or necessary bandwidth, whichever is greater. This bandwidth 
should be determined in accordance with Sec. 2.202 of this chapter.


Sec. 5.107  Transmitter control requirements.

    Each licensee shall be responsible for maintaining control of the 
transmitter authorized under its station authorization. This includes 
both

[[Page 64208]]

ensuring that transmissions are in conformance with the operating 
characteristics prescribed in the station authorization and that the 
station is operated only by persons duly authorized by the licensee.


Sec. 5.109  Antenna and tower requirements.

    (a) Applicants with fixed stations that use antennas that exceed 6 
meters in height above the ground level or more than 6 meters in height 
above an existing building must comply with the requirements of part 17 
of this chapter.
    (b) The licensee of any radio station that has an antenna structure 
required to be painted and illuminated pursuant to the provisions of 
section 303(q) of the Communications Act of 1934, as amended, and part 
17 of this chapter, shall perform the inspections and maintain the 
tower marking and lighting, and associated control equipment, in 
accordance with the requirements of Secs. 17.43 through 17.57 of this 
chapter.


Sec. 5.111  General limitations on use.

    (a) The following transmission limitations are applicable to all 
classes of stations in the Experimental Radio Service:
    (1) Stations may make only such transmissions as are necessary and 
directly related to the conduct of the licensee's stated program of 
experimentation as specified in the application for license and the 
related station instrument of authorization, and as governed by the 
provisions of the rules and regulations contained in this part. All 
transmissions shall be limited to the minimum practical transmission 
time.
    (2) When transmitting, the licensee must use every precaution to 
ensure that the radio frequency energy emitted will not cause harmful 
interference to the services carried on by stations operating in 
accordance with the Table of Frequency Allocations of part 2 of this 
chapter and, further, that the power radiated is reduced to the lowest 
practical value consistent with the program of experimentation for 
which the station authorization is granted. If harmful interference to 
an established radio service develops, the licensee shall cease 
transmissions and such transmissions shall not be resumed until it is 
certain that harmful interference will not be caused.
    (b) If experimental stations are to be used to retransmit signals 
of any other station or to render any communications service to third 
parties, a full disclosure of this must be made in the application for 
license.


Sec. 5.113  Adherence to program of research.

    (a) The program of experimentation as stated by an applicant in its 
application for 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.


Sec. 5.115  Station identification.

    Each class of station in the experimental services shall, unless 
specifically exempted by the terms of the station authorization, 
transmit its assigned call sign at the end of each complete 
transmission: Provided, however, that the transmission of the call sign 
at the end of each transmission is not required for projects requiring 
continuous, frequent, or extended use of the transmitting apparatus, 
if, during such periods and in connection with such use, the call sign 
is transmitted at least once every thirty minutes. The station 
identification shall be transmitted in clear voice or Morse code. All 
digital encoding and digital modulation shall be disabled during 
station identification.


Sec. 5.117  Suspension of transmission required.

    The radiations of the transmitter shall be suspended immediately 
upon detection or notification of a deviation from the technical 
requirements of the station authorization until such deviation is 
corrected, except for transmissions concerning the immediate safety of 
life or property, in which case the transmissions shall be suspended as 
soon as the emergency is terminated.


Sec. 5.119  Posting station licenses.

    The current original authorization for each station shall be 
retained as a permanent part of the station records but need not be 
posted.


Sec. 5.121  Retention of station records.

    Records required to be kept by this part shall be retained for a 
period of at least one year.


Sec. 5.123  Inspection of stations.

    All stations and records of stations in the Experimental Radio 
Service 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.


Sec. 5.125  Authorized points of communication.

    Generally, stations in the Experimental Radio Service may 
communicate only with other stations licensed in the Experimental Radio 
Service. Nevertheless, 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.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    3. The authority citation for part 90 continues to read as follows:

    Authority: Secs. 4, 251-2, 303, 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 251-2, 303, 309 and 332, unless 
otherwise noted.

    4. Section 90.203 is amended by revising paragraph (a) introductory 
text and by adding a new paragraph (l), to read as follows:


Sec. 90.203  Type acceptance required.

    (a) Except as specified in paragraphs (b) and (k) of this section, 
each transmitter utilized for operation under this part and each 
transmitter marketed as set forth in Sec. 2.803 of part 2 of this 
chapter must be of a type that is included in the Commission's current 
Radio Equipment List as type accepted for use under this part; or, be 
of a type that has been type accepted by the Commission for use under 
this part in accordance with the procedures in paragraph (a)(2) of this 
section.
* * * * *
    (l) Ocean buoy and wildlife tracking transmitters operating in the 
band 40.66-40.70 MHz or 216-220 MHz under the provisions of Sec. 90.248 
of this part shall be authorized under the notification procedure 
pursuant to subpart J of part 2 of this chapter.
    5. A new Sec. 90.248 is added to read as follows:


Sec. 90.248  Wildlife and ocean buoy tracking.

    (a) The frequency bands 40.66-40.70 MHz and 216-220 MHz may be used 
for the tracking of, and the telemetry of scientific data from, ocean 
buoys and animal wildlife.
    (b) Transmitters operating under the provisions of this section are 
not subject to the technical standards contained in Secs. 90.205-
90.217. In lieu thereof, the transmitters shall comply with the 
provisions in this section.

[[Page 64209]]

    (c) Classes of emission are limited to N0N, A1A, A2A, A2B, F1B, 
J2B, F2A, F2B, and/or F8E.
    (d) The authorized bandwidth shall not exceed 1 kHz.
    (e) Frequency stability. (1) For transmitters operating in the 
40.66-40.70 MHz frequency band, the frequency stability shall be 
sufficient to ensure that, at the carrier frequency employed, the sum 
of the authorized bandwidth plus the bandwidth required for frequency 
stability are confined within this band.
    (2) In the 216-220 MHz frequency band, transmitters shall employ a 
minimum frequency stability of 0.005 percent (50 parts per million). 
The carrier frequency shall be selected to ensure that the sum of the 
authorized bandwidth plus the bandwidth required for frequency 
stability are confined within this band.
    (3) The frequency stability standards shall be met over a 
temperature range of -30 deg. to +50 deg. centigrade at normal supply 
voltage and for a variation in the primary supply voltage from 85% to 
115% of the rated supply voltage at a temperature of +20 deg. C. For 
battery operated equipment, the equipment tests shall be performed 
using a new battery.
    (f) The maximum peak transmitter output (carrier) power shall not 
exceed 1 milliwatt for airborne wildlife applications, 10 milliwatts 
for terrestrial wildlife applications or 100 milliwatts for ocean 
buoys.
    (g) Emissions appearing outside of the authorized bandwidth shall 
be attenuated below the carrier power by at least 26 dB, following the 
procedures specified in Sec. 90.210(m).
    6. Section 90.259 is revised to read as follows:


Sec. 90.259  Assignment and use of frequencies in the bands 216-220 MHz 
and 1427-1435 MHz.

    Frequencies in the bands 216-220 MHz and 1427-1435 MHz may be 
assigned to applicants under this part provided the bands are listed in 
the individual radio service under which they establish eligibility. 
Use of these bands is limited to telemetering purposes, except that the 
216-220 MHz band may also be used for wildlife and ocean buoy tracking 
operations pursuant to Sec. 90.248. All operation is secondary to 
Federal Government operations, and operation in the 216-220 MHz band is 
also secondary to the maritime mobile service and operation in the 
1427-1429 MHz band is also secondary to the space operation service 
(earth-to-space). Base stations authorized in these bands shall be used 
to perform telecommand functions with associated mobile telemetering 
stations. Base stations may also command actions by the vehicle itself, 
but will not be authorized solely to perform this function. Airborne 
use will not be authorized. Each application will be coordinated with 
the Federal Government by the Federal Communications Commission and is 
subject to such technical and operational limitations as may be imposed 
by the government. Each application should include precise information 
concerning emission characteristics, transmitter frequency deviation, 
output power, type and directional characteristics, if any, of the 
antenna, and the minimum necessary hours of operation.

[FR Doc. 98-30381 Filed 11-18-98; 8:45 am]
BILLING CODE 6712-01-P