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