Goto Section: 0.405 | 0.408 | Table of Contents
FCC 0.406
Revised as of
Goto Year:1996 |
1998
Sec. 0.406 The rules and regulations.
Persons having business with the Commission should familiarize
themselves with those portions of its rules and regulations pertinent to
such business. All of the rules have been published and are readily
available. See Secs. 0.411(b), 0.412, and 0.415. For the benefit of
those who are not familiar with the rules, there is set forth in this
section a brief description of their format and contents.
(a) Format. The rules are set forth in the Code of Federal
Regulations as
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chapter I of title 47. Chapter I is divided into parts numbered from 0-
99. Each part, in turn, is divided into numbered sections. To allow for
the addition of new parts and sections in logical sequence, without
extensive renumbering, parts and sections are not always numbered
consecutively. Thus, for example, part 2 is followed by part 5, and
Sec. 1.8 is followed by Sec. 1.10; in this case, parts 3 and 4 and
Sec. 1.9 have been reserved for future use. In numbering sections, the
number before the period is the part number; and the number after the
period locates the section within that part. Thus, for example, Sec. 1.1
is the first section of part 1 and Sec. 5.1 is the first section in part
5. Except in the case of accounting regulations (parts 31-35), the
period should not be read as a decimal point; thus, Sec. 1.511 is not
located between Secs. 1.51 and 1.52 but at a much later point in the
rules. In citing the Code of Federal Regulations, the citation, 47 CFR
5.1, for example, is to Sec. 5.1 (in part 5) of chapter I of title 47 of
the Code, and permits the exact location of that rule. No citation to
other rule units (e.g., subpart or chapter) is needed.
(b) Contents. Parts 0-19 of the rules have been reserved for
provisions of a general nature. Parts 20-69 of this chapter have been
reserved for provisions pertaining to common carriers. Parts 20-29 and
80-109 of this chapter have been reserved for provisions pertaining to
the wireless telecommunications services. In the rules pertaining to
common carriers, parts 20-25 and 80-99 of this chapter pertain to the
use of radio; In the rules pertaining to common carriers, parts 21, 23,
and 25 of this chapter pertain to the use of radio; parts 31-66 of this
chapter pertain primarily to telephone and telegraph companies. Persons
having business with the Commission will find it useful to consult one
or more of the following parts containing provisions of a general nature
in addition to the rules of the radio or wire communication service in
which they are interested:
(1) Part 0, Commission organization. Part 0 describes the structure
and functions of the Commission, lists delegations of authority to the
staff, and sets forth information designed to assist those desiring to
obtain information from, or to do business with, the Commission. This
part is designed, among other things, to meet certain of the
requirements of the Administrative Procedure Act, as amended.
(2) Part 1 of this chapter, practice and procedure. Part 1, subpart
A, of this chapter contains the general rules of practice and procedure.
Except as expressly provided to the contrary, these rules are applicable
in all Commission proceedings and should be of interest to all persons
having business with the Commission. Part 1, subpart A of this chapter
also contains certain other miscellaneous provisions. Part 1, subpart B,
of this chapter contains the procedures applicable in formal hearing
proceedings (see Sec. 1.201 of this chapter). Part 1, subpart C, of this
chapter contains the procedures followed in making or revising the rule
or regulations. Part 1, subpart D, of this chapter contains rules
applicable to applications for licenses in the Broadcast Radio Services,
including the forms to be used, the filing requirements, the procedures
for processing and acting upon such applications, and certain other
matters. Part 1, subpart F, of this chapter contain rules applicable to
applications for licenses in the Wireless Telecommunications Bureau
services, including the forms to be used, the filing requirements, the
procedures for processing and acting on such applications, and certain
other matters. Additional procedures applicable to certain common
carriers by radio are set forth in part 21 of this chapter. Part 1,
subpart F, of this chapter contains rules applicable to applications for
licenses in the Private Radio Services, including the forms to be used,
the filing requirements, the procedures for processing and acting on
such applications, and certain other matters. Part 1, subpart G, of this
chapter contains rules pertaining to the application processing fees
established by the Consolidated Omnibus Budget Reconciliation Act of
1985 (Pub. L. 99-272, 100 Stat. 82 (1986)) and also contains rules
pertaining to the regulatory fees established by the Omnibus Budget
Reconciliation Act of 1993 (Pub. L. 103-66, 107 Stat. 397 (1993)). Part
1, subpart H, of this chapter, concerning ex parte
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presentations, sets forth standards governing communications with
commission personnel in hearing proceedings and contested application
proceedings. Part 1, subparts G and H, of this chapter will be of
interest to all regulatees, and part 1, subpart H, of this chapter will,
in addition, be of interest to all persons involved in hearing
proceedings.
(3) Part 2, frequency allocations and radio treaty matters; general
rules and regulations. Part 2 will be of interest to all persons
interested in the use of radio. It contains definitions of technical
terms used in the rules and regulations; provisions governing the
allocation of radio frequencies among the numerous uses made of radio
(e.g., broadcasting, land mobile) and radio services (e.g., television,
public safety), including the Table of Frequency Allocaions
(Sec. 2.106); technical provisions dealing with emissions; provisions
dealing with call signs and emergency communications; provisions
governing type acceptance and type approval of radio equipment; and a
list of treaties and other international agreements pertaining to the
use of radio.
(4) Part 5, experimental radio services (other than broadcast). Part
5 deals with the temporary use of radio frequencies for research in the
radio art, for communication involving other research projects, and for
the development of equipment, data, or techniques.
(5) Part 13, commercial radio operators. Part 13 describes the
procedures to be followed in applying for a commercial operator license,
including the forms to be used and the examinations given, and sets
forth rules governing licensed operators. It will be of interest to
applicants for such licenses, licensed operators, and the licensees of
radio stations which may be operated only by persons holding a
commercial radio operator license.
(6) Part 15, radio frequency devices. Part 15 contains regulations
designed to prevent harmful interference to radio communication from
radio receivers and other devices which radiate radio frequency energy,
and provides for the certification of radio receivers. It also provides
for the certification of low power transmitters and for the operation of
certificated transmitters without a license.
(7) Part 17, construction, marking, and lighting of antenna
structures. Part 17 contains criteria for determining whether
applications for radio towers require notification of proposed
construction to the Federal Aviation Administration, and specifications
for obstruction marking and lighting of antenna structures.
(8) Part 18, industrial, scientific and medical equipment. Part 18
contains regulations designed to prevent harmful interference to radio
communication from ultrasonic equipment, industrial heating equipment,
medical diathermy equipment, radio frequency stabilized arc welders, and
other equipment which uses radio energy for purposes other than
communication.
(9) Part 19, employee responsibilities and conduct. Part 19
prescribes standards of conduct for the members and staff of the
Commission.
[ 32 FR 10571 , July 19, 1967, as amended at 32 FR 12180 , Aug. 24, 1967;
37 FR 20553 , Sept. 30, 1972; 52 FR 5288 , Feb. 20, 1987; 58 FR 13021 ,
Mar. 9, 1993; 59 FR 30998 , June 16, 1994; 60 FR 35507 , July 10, 1995]
Goto Section: 0.405 | 0.408
Goto Year: 1996 |
1998
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