§  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 § § 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 § 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 § 90.127 if the
   application, when frequency coordination is required, is accompanied by
   evidence of frequency coordination in accordance with § 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
   § 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]