Sec.  22.409   Developmental authorization for a new Public Mobile Service or
technology.

   The FCC may grant applications for developmental authority to construct and
   operate transmitters for the purpose of developing a new Public Mobile
   Service  or a new technology not regularly authorized under this part,
   subject to the requirements of this section. Such applications may request
   the use of any portion of the spectrum allocated for Public Mobile Services
   in the Table of Frequency Allocations contained in part 2 of this chapter,
   regardless of whether that spectrum is regularly available under this part.
   Requests to use any portion of the spectrum for a service or purpose other
   than that indicated in the Table of Frequency Allocations in part 2 of this
   chapter may be made only in accordance with the provisions of part 5 of this
   chapter.

   (a) Preliminary determination. The FCC will make a preliminary determination
   with respect to the factors in paragraphs (a)(1) through (a)(3) of this
   section before acting on an application for developmental authority pursuant
   to this section. These factors are:

   (1)  That  the  public  interest,  convenience  or  necessity warrants
   consideration of the establishment of the proposed service or technology;

   (2) That the proposal appears to have potential value to the public that
   could warrant the establishment of the new service or technology;

   (3) That some operational data should be developed for consideration in any
   rule making proceeding which may be initiated to establish such service or
   technology.

   (b)  Petition  required. Applications for developmental authorizations
   pursuant to this section must be accompanied by a petition for rule making
   requesting the FCC to amend its rules as may be necessary to provide for the
   establishment of the proposed service or technology.

   (c) Application requirements. Authorizations for developmental authority
   pursuant  to  this section will be issued only upon a showing that the
   applicant has a definite program of research and development which has
   reasonable promise of substantial contribution to the services authorized by
   this  part.  The application must contain an exhibit demonstrating the
   applicant's technical qualifications to conduct the research and development
   program, including a description of the nature and extent of engineering
   facilities that the applicant has available for such purpose. Additionally,
   the  FCC  may,  in  its  discretion,  require  a  showing of financial
   qualification.

   (d) Communication service for hire prohibited. Stations authorized under
   developmental authorizations granted pursuant to this section must not be
   used  to  provide  communication  service  for  hire, unless otherwise
   specifically authorized by the FCC.

   (e) Adherence to program. Carriers granted developmental authorization
   pursuant  to  this section must substantially adhere to the program of
   research and development described in their application for developmental
   authorization, unless the FCC directs otherwise.

   (f) Report requirements. Upon completion of the program of research and
   development, or upon the expiration of the developmental authorization under
   which such program was permitted, or at such times during the term of the
   station authorization as the FCC may deem necessary to evaluate the progress
   of the developmental program, the licensee shall submit a comprehensive
   report, containing:

   (1) A description of the progress of the program and a detailed analysis of
   any result obtained;

   (2) Copies of any publications produced by the program;

   (3) A listing of any patents applied for, including copies of any patents
   issued;

   (4) Copies of any marketing surveys or other measures of potential public
   demand for the new service;

   (5) A description of the carrier's experiences with operational aspects of
   the program including—

   (i) The duration of transmissions on each channel or frequency range and the
   technical parameters of such transmissions; and,

   (ii) Any interference complaints received as a result of operation and how
   these complaints were investigated and resolved.

   (g) Confidentiality. Normally, applications and developmental reports are a
   part of the FCC's public records. However, an applicant or licensee may
   request that the FCC withhold from public records specific exhibits, reports
   and other material associated with a developmental authorization.

   (h) Renewal. Expiring developmental authorizations issued pursuant to this
   section may be renewed if the carrier—

   (1) Shows that further progress in the program of research and development
   requires additional time to operate under developmental authorization;

   (2)  Complied with the reporting requirements of paragraph (f) of this
   section; and,

   (3)  Immediately  resolved to the FCC's satisfaction all complaints of
   interference caused by the station operating under developmental authority.

   [ 59 FR 59507 , Nov. 17, 1994, as amended at  61 FR 54099 , Oct. 17, 1996]