Goto Section: 22.403 | 22.413 | Table of Contents
FCC 22.409
Revised as of October 1, 2010
Goto Year:2009 |
2011
§ 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]
Goto Section: 22.403 | 22.413
Goto Year: 2009 |
2011
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