Sec.  101.407   Special procedure for the development of a new service or for the
use of frequencies not in accordance with the provisions of the rules in this
part.

   (a) An authorization for the development of a new service not in accordance
   with the provisions of the rules in this part may be granted for a limited
   time, but only after the Commission has made a preliminary determination
   with respect to the factors set forth in this paragraph, as each case may
   require. This procedure also applies to any application that involves use of
   a frequency which is not in accordance with the provisions of the rules in
   this part, although in accordance with the Table of Frequency Allocations
   contained in part 2 of this chapter. (An application which involves use of a
   frequency which is not in accordance with the Table of Frequency Allocations
   in part 2 of this chapter should be filed in accordance with the provisions
   of part 5 of this chapter, Experimental Radio Services.) The factors with
   respect to which the Commission will make a preliminary determination before
   acting on an application filed under this paragraph are as follows:

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

   (2) That the proposed operation appears to warrant consideration to effect a
   change in the provisions of the rules in this part; and/or

   (3) That some operational data should be developed for consideration in any
   rule making proceeding which may be initiated.

   (b)  Applications  for  stations  that  are intended to be used in the
   development of a proposed service must be accompanied by a petition to amend
   the Commission's rules with respect to frequencies and such other items as
   may be necessary to provide for the regular establishment of the proposed
   service.