§ 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
   § § 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
   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 § 1.8 is followed by § 1.10; in
   this case, parts 3 and 4 and § 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, § 1.1 is the first section of part 1 and § 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, § 1.511 is not located
   between § § 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 § 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 § 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 E, of this chapter
   contains general rules and procedures applicable to common carriers. 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. 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  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 Allocations (§ 2.106); technical provisions dealing with emissions;
   provisions dealing with call signs and emergency communications; provisions
   governing authorization of radio equipment; and a list of treaties and other
   international agreements pertaining to the use of radio.

   (4) Part 5, experimental radio service. Part 5 provides for the temporary
   use of radio frequencies for research in the radio art, for communications
   involving other research projects, for the development of equipment, data,
   or techniques, and for the conduct of equipment product development or
   market trials.

   (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;  63 FR 36596 , July 7,
   1998;  78 FR 25160 , Apr. 29, 2013]

   return arrow Back to Top