FCC 63.25 Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 63.25 Special provisions relating to temporary or emergency service by
international carriers.
(a) For the purpose of this section the following definitions shall apply:
(1) Temporary service shall mean service for a period not exceeding 6
months;
(2) Emergency service shall mean service for which there is an immediate
need occasioned by conditions unforeseen by, and beyond the control of, the
carrier.
(b) Applicants seeking immediate authorization to provide temporary service
or emergency service must file their request with the Commission. Requests
must set forth why such immediate authority is required; the nature of the
emergency; the type of facilities proposed to be used; the route kilometers
thereof; the terminal communities to be served, and airline kilometers
between such communities; how these points are currently being served by the
applicant or other carriers; the need for the proposed service; the cost
involved, including any rentals, the date on which the service is to begin,
and where known, the date or approximate date on which the service to is
terminate.
(c) Without regard to the other requirements of this part, and by
application setting forth the need therefore, any carrier may request
continuing authority, subject to termination by the Commission at any time
upon ten (10) days' notice to the carrier, to provide temporary or emergency
service by the construction or installation of facilities where the
estimated construction, installation, and acquisition costs do not exceed
$35,000 or an annual rental of not more than $7,000 provided that such
project does not involve a major action under the Commission's environmental
rules. ( See subpart I of part 1 of this chapter.) Any carrier to which
continuing authority has been granted under this paragraph shall, not later
than the 30th day following the end of each 6-month period covered by such
authority, file with the Commission a statement making reference to this
paragraph and setting forth, with respect to each project (construction,
installation, lease, including any renewals thereof), which was commenced
or, in the case of leases, entered into under such authority, and renewal or
renewals thereof which were in continuous effect for a period of more than
one week, the following information:
(1) The type of facility constructed, installed, or leased;
(2) The route kilometers thereof (excluding leased facilities);
(3) The terminal communities served and the airline kilometers between
terminal communities in the proposed project;
(4) The cost thereof, including construction, installation, or lease;
(5) Where appropriate, the name of the lessor company, and the dates of
commencement and termination of the lease.
(d)(1) A request may be made by any carrier for continuing authority to
lease and operate, during any emergency when its regular facilities become
inoperative or inadequate to handle its traffic, facilities or any other
carrier between points between which applicant is authorized to communicate
by radio for the transmission of traffic which applicant is authorized to
handle.
(2) Such request shall make reference to this paragraph and set forth the
points between which applicant desires to operate facilities of other
carriers and the nature of the traffic to be handled.
(3) Continuing authority for the operation thereafter of such alternate
facilities during emergencies shall be deemed granted effective as of the
21st day following the filing of the request unless on or before that date
the Commission shall notify the applicant to the contrary: provided,
however, Applicant shall, not later than the 30th day following the end of
each quarter in which it has operated facilities of any other carrier
pursuant to authority granted under this paragraph, file with the Commission
a statement in writing making reference to this paragraph and describing
each occasion during the quarter when it has operated such facilities,
giving dates, points between which such facilities were located, hours or
minutes used, nature of traffic handled, and reasons why its own facilities
could not be used.
(e) Subject to the availability of electronic forms, all applications and
notifications described in this section must be filed electronically through
the International Bureau Filing System (IBFS). A list of forms that are
available for electronic filing can be found on the IBFS homepage. For
information on electronic filing requirements, see part 1, Sec. Sec. 1.1000 through
1.10018 of this chapter and the IBFS homepage at http://www.fcc.gov/ibfs.
See also Sec. Sec. 63.20 and 63.53.
(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303)
[ 28 FR 13229 , Dec. 5, 1963, as amended at 41 FR 20662 , May 20, 1976; 58 FR 44906 , Aug. 25, 1993. Redesignated and amended at 64 FR 39939 , July 23,
1999; 69 FR 29902 , May 26, 2004; 70 FR 38799 , July 6, 2005]
General Provisions Relating to All Applications Under Section 214
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