Sec. 21.403  Special procedure for the development of a new service or 
          for the use of frequencies not in accordance with the 
          provisions of the rules in this part.

    (a) An authorization for the development of a new common carrier 
service not in accordance with the provisions of the rules in this part 
may be granted for a limited time, but only after the Commission has 
made a preliminary determination with respect to the factors set forth 
in this paragraph, as each case may require. This procedure also applies 
to any application that involves use of a frequency which is not in 
accordance with the provisions of the rules in this part, although in 
accordance with the Table of Frequency Allocations contained in part 2 
of this chapter. (An application which involves use of a frequency which 
is not in accordance with the Table of Frequency Allocations in part 2 
of this chapter should be filed in accordance with the provisions of 
part 5 of this chapter, Experimental Radio Services (other than 
Broadcast).) The factors with respect to which the Commission will make 
a preliminary determination before acting on an application filed under 
this paragraph are as follows:
    (1) That the public interest, convenience or necessity warrants 
consideration of the establishment of the proposed service or the use of 
the proposed frequency;
    (2) That the proposed operation appears to warrant consideration to 
effect a change in the provisions of the rules in this part; and/or
    (3) That some operational data should be developed for consideration 
in any rule making proceeding which may be initiated.
    (b) Applications for stations which are intended to be used in the 
development of a proposed service shall be accompanied by a petition to 
amend the Commission's rules with respect to frequencies and such other 
items as may

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be necessary to provide for the regular establishment of the proposed 
service.
[ 44 FR 60534 , Oct. 19, 1979, as amended at  52 FR 37784 , Oct. 9, 1987]