Sec.  1.931   Application for special temporary authority.

   (a) Wireless Telecommunications Services. (1) In circumstances requiring
   immediate or temporary use of station in the Wireless Telecommunications
   Services, carriers may request special temporary authority (STA) to operate
   new or modified equipment. Such requests must be filed electronically using
   FCC Form 601 and must contain complete details about the proposed operation
   and the circumstances that fully justify and necessitate the grant of STA.
   Such requests should be filed in time to be received by the Commission at
   least 10 days prior to the date of proposed operation or, where an extension
   is  sought,  10 days prior to the expiration date of the existing STA.
   Requests received less than 10 days prior to the desired date of operation
   may be given expedited consideration only if compelling reasons are given
   for the delay in submitting the request. Otherwise, such late-filed requests
   are considered in turn, but action might not be taken prior to the desired
   date of operation. Requests for STA must be accompanied by the proper filing
   fee.

   (2) Grant without Public Notice. STA may be granted without being listed in
   a Public Notice, or prior to 30 days after such listing, if:

   (i) The STA is to be valid for 30 days or less and the applicant does not
   plan  to  file an application for regular authorization of the subject
   operation;

   (ii) The STA is to be valid for 60 days or less, pending the filing of an
   application for regular authorization of the subject operation;

   (iii) The STA is to allow interim operation to facilitate completion of
   authorized construction or to provide substantially the same service as
   previously authorized; or

   (iv)  The  STA  is  made  upon  a finding that there are extraordinary
   circumstances requiring operation in the public interest and that delay in
   the  institution  of such service would seriously prejudice the public
   interest.

   (3) Limit on STA term. The Commission may grant STA for a period not to
   exceed 180 days under the provisions of section 309(f) of the Communications
   Act of 1934, as amended, (47 U.S.C. 309(f)) if extraordinary circumstances
   so require, and pending the filing of an application for regular operation.
   The Commission may grant extensions of STA for a period of 180 days, but the
   applicant  must  show that extraordinary circumstances warrant such an
   extension.

   (b) Private Wireless Services. (1) A licensee of, or an applicant for, a
   station in the Private Wireless Services may request STA not to exceed 180
   days for (A) operation of a new station or (B) operation of a licensed
   station in a manner which is beyond the scope of that authorized by the
   existing license. See  Sec.  Sec. 1.962(b)(5) and (f). Where the applicant, seeking a
   waiver of the 180 day limit, requests STA to operate as a private mobile
   radio  service  provider  for a period exceeding 180 days, evidence of
   frequency coordination is required. Requests for shorter periods do not
   require coordination and, if granted, will be authorized on a secondary,
   non-interference basis.

   (2) STA may be granted in the following circumstances:

   (i) In emergency situations;

   (ii) To permit restoration or relocation of existing facilities to continue
   communication service;

   (iii) To conduct tests to determine necessary data for the preparation of an
   application for regular authorization;

   (iv) For a temporary, non-recurring service where a regular authorization is
   not appropriate;

   (v)  In  other  situations  involving  circumstances which are of such
   extraordinary nature that delay in the institution of temporary operation
   would seriously prejudice the public interest.

   (3) The nature of the circumstance which, in the opinion of the applicant
   justifies  issuance  of  STA,  must be fully described in the request.
   Applications for STA must be filed at least 10 days prior to the proposed
   operation.  Applications filed less than 10 days prior to the proposed
   operation date will be accepted only upon a showing of good cause.

   (4) The Commission may grant extensions of STA for a period of 180 days, but
   the applicant must show that extraordinary circumstances warrant such an
   extension.

   (5) In special situations defined in  Sec. 1.915(b)(1), a request for STA may be
   made by telephone or telegraph provided a properly signed application is
   filed within 10 days of such request.

   (6) An applicant for an Aircraft Radio Station License may operate the radio
   station  pending  issuance of an Aircraft Radio Station License by the
   Commission for a period of 90 days under temporary operating authority,
   evidenced by a properly executed certification made on FCC Form 605.

   (7)  Unless the Commission otherwise prescribes, a person who has been
   granted an operator license of Novice, Technician, Technician Plus, General,
   or Advanced class and who has properly submitted to the administering VEs an
   application document for an operator license of a higher class, and who
   holds a CSCE indicating that he/she has completed the necessary examinations
   within the previous 365 days, is authorized to exercise the rights and
   privileges of the higher operator class until final disposition of the
   application or until 365 days following the passing of the examination,
   whichever comes first.

   (8) An applicant for a Ship Radio station license may operate the radio
   station pending issuance of the ship station authorization by the Commission
   for a period of 90 days, under a temporary operating authority, evidenced by
   a properly executed certification made on FCC Form 605.

   (9) An applicant for a station license in the Industrial/Business pool
   (other  than an applicant who seeks to provide commercial mobile radio
   service  as  defined  in Part 20 of this chapter) utilizing an already
   authorized facility may operate the station for a period of 180 days, under
   a temporary permit, evidenced by a properly executed certification made on
   FCC Form 601, after filing an application for a station license together
   with evidence of frequency coordination, if required, with the Commission.
   The temporary operation of stations, other than mobile stations, within the
   Canadian coordination zone will be limited to stations with a maximum of 5
   watts effective radiated power and a maximum antenna height of 20 feet (6.1
   meters) above average terrain.

   (10) An applicant for a radio station license under Part 90, Subpart S, of
   this chapter (other than an applicant who seeks to provide commercial mobile
   radio service as defined in part 20 of this chapter) to utilize an already
   existing Specialized Mobile Radio System (SMR) facility or to utilize an
   already licensed transmitter may operate the radio station for a period of
   up to 180 days, under a temporary permit. Such request must be evidenced by
   a properly executed certification of FCC Form 601 after the filing of an
   application for station license, provided that the antenna employed by the
   control  station is a maximum of 20 feet (6.1 meters) above a man-made
   structure (other than an antenna tower) to which it is affixed.

   (11) An applicant for an itinerant station license, an applicant for a new
   private land mobile radio station license in the frequency bands below 470
   MHz and in the one-way paging 929–930 MHz band (other than a commercial
   mobile radio service applicant or licensee on these bands) or an applicant
   seeking to modify or acquire through assignment or transfer an existing
   station below 470 MHz or in the one-way paging 929–930 MHz band may operate
   the proposed station during the pendency of its application for a period of
   up  to 180 days under a conditional permit. Conditional operations may
   commence upon the filing of a properly completed application that complies
   with  Sec. 90.127 if the application, when frequency coordination is required, is
   accompanied by evidence of frequency coordination in accordance with  Sec. 90.175
   of this chapter. Operation under such a permit is evidenced by the properly
   executed Form 601 with certifications that satisfy the requirements of
    Sec. 90.159(b).

   (12) An applicant for a General Mobile Radio Service system license, sharing
   a multiple-licensed or cooperative shared base station used as a mobile
   relay station, may operate the system for a period of 180 days, under a
   Temporary Permit, evidenced by a properly executed certification made on FCC
   Form 605.

   [ 63 FR 68928 , Dec. 14, 1998]