Goto Section: 47cfr80.pdf.4 | 47cfr80.pdf.6 | Table of Contents

FCC 47cfr80.pdf.5
Revised as of October 1, 2007
Goto Year:2006 | 2008
  
   Skip to content. Skip to side navigation. Quick Navigation:
     * Resources by Topic
     * Business & Economy
     * Education
     * Environment
     * Food & Drugs
     * Grants & Awards
     * Health & Safety
     * Military & Security
     * Science & Technology
     * Social Programs
     * Transportation

   Skip to content. Skip to side navigation. 
   GPO Access Home Page. 

                                                        Quick Navigation:

   [Resources by Topic..] Jump to selected topic. 

                                                             Site Search:
                                                                 advanced

                                       ____________________ Submit Search

   Navigation Bar

             National Archives and Records Administration logo.

                             Database Features.

                                     •

   Browse

                                     •

   Simple Search 

                                     •

   Advanced Search

   * Boolean
                                 * Proximity
   • Search History
   • Search Tips

                                     •

   Corrections

                                     •

   Latest Updates
   • User Info
   • FAQs

                                     •

   Agency List

                                     •

   e-CFR Main Page

                             Related Resources

                                     •

   Code of Federal Regulations

                                     •

   Federal Register

                                     •

   List of CFR
   Sections Affected

                                     •

   Regulations.gov

                                     •

   Unified Agenda

                                     •

   All NARA Publications
   About Government.
   Ben's Guide Logo. 
   Ben's Guide
   to U.S.
   Government

                             Get Adobe Reader 

   Home Page > Executive Branch > Code of Federal Regulations > Electronic Code
   of Federal Regulations

                                 blue pill
                e-CFR Data is current as of October 1, 2007

   Title 47: Telecommunication

   Browse Previous | Browse Next

PART 5—EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)
   ___________________________________

   Section Contents
   
                             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 of the National Radio Astronomy Observatory.
   § 5.93   Limited market studies.
   § 5.95   Informal objections.
   
          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.
   ___________________________________

   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.

   Source:    63 FR 64202 , Nov. 19, 1998, unless otherwise noted.

Subpart A—General

   top

§ 5.1   Basis and purpose.

   top

   (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.

§ 5.3   Scope of service.

   top

   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 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
   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.

   [ 63 FR 64202 , Nov. 19, 1998;  64 FR 43094 , Aug. 9, 1999]

§ 5.5   Definition of terms.

   top

   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

   top

§ 5.51   Eligibility of license.

   top

   (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.

§ 5.53   Station authorization required.

   top

   (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 §5.59 of this part.

   (c) If installation and/or operation of the equipment may significantly
   impact  the environment, see §1.1307 of this chapter, an environmental
   assessment as defined in §1.1311 of this chapter must be submitted with the
   application.

§ 5.55   Filing of applications.

   top

   (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 §5.59 and may be accessed electronically at the Office of
   Engineering and Technology Web site
   https://gullfoss2.fcc.gov/prod/oet/cf/els/index.cfm. If no standard form is
   applicable, the informal application procedure outlined in §5.59(f) should
   be followed.

   (b) Any application for radio station authorization shall be submitted
   electronically through the Office of Engineering and Technology Web site
   https://gullfoss2.fcc.gov/prod/oet/cf/els/index.cfm effective January 1,
   2004.  Any  correspondence  relating  thereto that cannot be submitted
   electronically shall instead 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 §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 §5.61 of this part shall apply.

   [ 63 FR 64202 , Nov. 19, 1998, as amended at  68 FR 59336 , Oct. 15, 2003]

§ 5.57   Who may sign applications.

   top

   (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 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.

§ 5.59   Forms to be used.

   top

   (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
   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.

   [ 63 FR 64202 , Nov. 19, 1998;  64 FR 43095 , Aug. 9, 1999]

§ 5.61   Procedure for obtaining a special temporary authorization.

   top

   (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 shall be filed
   electronically through the Office of Engineering and Technology Web site
   https://gullfoss2.fcc.gov/prod/oet/cf/els/index.cfm effective January 1,
   2004 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, if applicable, geographical
   coordinates of the proposed operation.

   (7) Equipment to be used, including name of manufacturer, model and number
   of units.

   (8) Frequency(ies) desired.

   (9) Maximum effective radiated power (ERP) or equivalent isotrophically
   radiated power (EIRP).

   (10) Emission designator (see §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).

   [ 63 FR 64202 , Nov. 19, 1998;  64 FR 43095 , Aug. 9, 1999, as amended at  68 FR 59336 , Oct. 15, 2003]

§ 5.63   Supplementary statements required.

   top

   (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 §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.

   (e) Except where the satellite system has already been authorized by the
   FCC, applicants for an experimental authorization involving a satellite
   system must submit a description of the design and operational strategies
   the satellite system will use to mitigate orbital debris, including the
   following information:

   (1) A statement that the space station operator has assessed and limited the
   amount of debris released in a planned manner during normal operations, and
   has assessed and limited the probability of the space station becoming a
   source of debris by collisions with small debris or meteoroids that could
   cause loss of control and prevent post-mission disposal;

   (2) A statement that the space station operator has assessed and limited the
   probability of accidental explosions during and after completion of mission
   operations.  This  statement  must include a demonstration that debris
   generation will not result from the conversion of energy sources on board
   the spacecraft into energy that fragments the spacecraft. Energy sources
   include chemical, pressure, and kinetic energy. This demonstration should
   address whether stored energy will be removed at the spacecraft's end of
   life, by depleting residual fuel and leaving all fuel line valves open,
   venting  any  pressurized system, leaving all batteries in a permanent
   discharge state, and removing any remaining source of stored energy, or
   through  other  equivalent  procedures  specifically  disclosed in the
   application;

   (3) A statement that the space station operator has assessed and limited the
   probability of the space station becoming a source of debris by collisions
   with large debris or other operational space stations. Where a space station
   will be launched into a low-Earth orbit that is identical, or very similar,
   to an orbit used by other space stations, the statement must include an
   analysis  of the potential risk of collision and a description of what
   measures  the  space  station operator plans to take to avoid in-orbit
   collisions. If the space station operator is relying on coordination with
   another system, the statement must indicate what steps have been taken to
   contact, and ascertain the likelihood of successful coordination of physical
   operations  with,  the  other  system. The statement must disclose the
   accuracy—if any—with which orbital parameters of non-geostationary satellite
   orbit  space  stations  will be maintained, including apogee, perigee,
   inclination, and the right ascension of the ascending node(s). In the event
   that a system is not able to maintain orbital tolerances, i.e. , it lacks a
   propulsion system for orbital maintenance, that fact should be included in
   the  debris mitigation disclosure. Such systems must also indicate the
   anticipated evolution over time of the orbit of the proposed satellite or
   satellites.  Where  a  space  station  requests  the  assignment  of a
   geostationary-Earth orbit location, it must assess whether there are any
   known satellites located at, or reasonably expected to be located at, the
   requested orbital location, or assigned in the vicinity of that location,
   such that the station keeping volumes of the respective satellites might
   overlap. If so, the statement must include a statement as to the identities
   of those parties and the measures that will be taken to prevent collisions;

   (4) A statement detailing the post-mission disposal plans for the space
   station at end of life, including the quantity of fuel—if any—that will be
   reserved for post-mission disposal maneuvers. For geostationary-Earth orbit
   space stations, the statement must disclose the altitude selected for a
   post-mission disposal orbit and the calculations that are used in deriving
   the disposal altitude. The statement must also include a casualty risk
   assessment if planned post-mission disposal involves atmospheric re-entry of
   the space station. In general, an assessment should include an estimate as
   to whether portions of the spacecraft will survive re-entry and reach the
   surface of the Earth, as well as an estimate of the resulting probability of
   human casualty.

   [ 63 FR 64202 , Nov. 19, 1998, as amended at  69 FR 54586 , Sept. 9, 2004]

§ 5.65   Defective applications.

   top

   (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.

§ 5.67   Amendment or dismissal of applications.

   top

   (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.

§ 5.69   Partial grants.

   top

   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.

§ 5.71   License period.

   top

   (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
   §5.69 of this part.

§ 5.73   Experimental report.

   top

   (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 §0.459 of this chapter.

§ 5.75   Number of licenses required.

   top

   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.

§ 5.77   Change in equipment and emission characteristics.

   top

   (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 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.

§ 5.79   Transfer and assignment of station authorization.

   top

   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 §5.59 of this part.

§ 5.81   Discontinuance of station operation.

   top

   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.

§ 5.83   Cancellation provisions.

   top

   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.

§ 5.85   Frequencies and policy governing their assignment.

   top

   (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 §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 120π 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
   §0.121(c) of this 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.

§ 5.87   Frequencies for field strength surveys or equipment demonstrations.

   top

   (a) Authorizations issued under §§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]

§ 5.89   School and student authorizations.

   top

   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 §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 are limited to 4 watts equivalent
   isotropically radiated power (EIRP). 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.

   [ 63 FR 64202 , Nov. 19, 1998;  64 FR 43095 , Aug. 9, 1999]

§ 5.91   Notification of the National Radio Astronomy Observatory.

   top

   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.

§ 5.93   Limited market studies.

   top

   Unless otherwise stated in the instrument of authorization, licenses granted
   for the purpose of limited market studies pursuant to §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.

§ 5.95   Informal objections.

   top

   A person or entity desiring to object to or to oppose an Experimental Radio
   application for a station license or authorization may file an informal
   objection  against  that  application.  The informal objection and any
   responsive pleadings shall comply with the requirements set forth in §§1.41
   through 1.52 of this chapter.

   [ 68 FR 59336 , Oct. 15, 2003]

Subpart C—Technical Standards and Operating Requirements

   top

§ 5.101   Frequency stability.

   top

   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.

§ 5.103   Types of emission.

   top

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

§ 5.105   Authorized bandwidth.

   top

   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 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 §2.202 of
   this chapter.

   [ 63 FR 64202 , Nov. 19, 1998;  64 FR 43095 , Aug. 9, 1999]

§ 5.107   Transmitter control requirements.

   top

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

§ 5.109   Antenna and tower requirements.

   top

   (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
   part 17, subpart C, of this chapter.

   [ 63 FR 64202 , Nov. 19, 1998;  64 FR 43095 , Aug. 9, 1999]

§ 5.111   General limitations on use.

   top

   (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.

§ 5.113   Adherence to program of research.

   top

   (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.

§ 5.115   Station identification.

   top

   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.

§ 5.117   Suspension of transmission required.

   top

   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.

§ 5.119   Posting station licenses.

   top

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

§ 5.121   Retention of station records.

   top

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

§ 5.123   Inspection of stations.

   top

   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.

§ 5.125   Authorized points of communication.

   top

   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.
   Browse Previous | Browse Next
             _________________________________________________

  For questions or comments regarding e-CFR editorial content, features, or
                        design, email ecfr@nara.gov.
   For questions concerning e-CFR programming and delivery issues, email
                              webteam@gpo.gov.
                        Section 508 / Accessibility
   August 1, 2007 -->


Goto Section: 47cfr80.pdf.4 | 47cfr80.pdf.6

Goto Year: 2006 | 2008
CiteFind - See documents on FCC website that cite this rule

Want to support this service?
Thanks!

Report errors in this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public