§  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.

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