Sec. 63.04  Special provisions relating to temporary or emergency 
          service.

    (a) For the purpose of this section the following definitions shall 
apply:
    (1) Temporary service shall mean service for a period not exceeding 
6 months;
    (2) Emergency service shall mean service for which there is an 
immediate need occasioned by conditions unforeseen by, and beyond the 
control of, the carrier.
    (b) Requests for immediate authority for temporary service or for 
emergency service may be made by letter or telegram setting forth why 
such immediate authority is required, the nature of the emergency, the 
type of facilities proposed to be used, the route kilometers thereof, 
the terminal communities to be served, and airline kilometers between 
such communities; how these points are presently being served by the 
applicant or other carriers, the need for the proposed service, the cost 
involved including any rentals, the date on which the service is to 
begin, and where known, the date or approximate date on which the 
service is to terminate.
    (c) Without regard to the other requirements of this part, and by 
application setting forth the need therefor, any carrier may request 
continuing authority, subject to termination by the Commission at any 
time upon 10 days' notice to the carrier, to provide temporary or 
emergency service by the construction or installation of facilities 
where the estimated construction, installation, and acquisition costs do 
not exceed $35,000 or an annual rental of not more than $7,000 provided 
that such project does not involve a major action under the Commission's 
environmental rules. (See subpart I of part 1 of this chapter.) Any 
carrier to which continuing authority has been granted under this 
paragraph shall, not later than the 30th day following the end of each 
6-month period covered by such authority, file with the Commission a 
statement in writing making reference to this paragraph and setting 
forth, with respect to each project (construction, installation, lease, 
including any renewals thereof), which was commenced or, in the case of 
leases, entered into under such authority, and renewal or renewals 
thereof which were in continuous effect for a period of more than one 
week, the following information:
    (1) The type of facility constructed, installed, or leased;
    (2) The route kilometers thereof (excluding leased facilities);

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    (3) The terminal communities served and the airline kilometers 
between terminal communities in the proposed project;
    (4) The cost thereof, including construction, installation, or 
lease;
    (5) Where appropriate, the name of the lessor company, and the dates 
of commencement and termination of the lease.
    (d)(1) A request may be made by any carrier for continuing authority 
to lease and operate, during any emergency when its regular facilities 
become inoperative or inadequate to handle its traffic, facilities or 
any other carrier between points between which applicant is authorized 
to communicate by radio for the transmission of traffic which applicant 
is authorized to handle.
    (2) Such request may be made by letter or telegram making reference 
to this paragraph and setting forth the points between which applicant 
desires to operate facilities of other carriers and the nature of the 
traffic to be handled thereover.
    (3) Continuing authority for the operation thereafter of such 
alternate facilities during emergencies shall be deemed granted 
effective as of the 21st day following the filing of the request unless 
on or before that date the Commission shall notify the applicant to the 
contrary: provided, however, Applicant shall, not later than the 30th 
day following the end of each quarter in which it has operated 
facilities of any other carrier pursuant to authority granted under this 
paragraph, file with the Commission a statement in writing making 
reference to this paragraph and describing each occasion during the 
quarter when it has operated such facilities, giving dates, points 
between which such facilities were located, hours or minutes used, 
nature of traffic handled, and reasons why its own facilities could not 
be used.


(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. )

[28 303 FR 13229 , Dec. 5, 1963, as amended at  41 FR 20662 , May 20, 1976;  58 FR 44906 , Aug. 25, 1993]