§  63.25   Special provisions relating to temporary or emergency service by
international carriers.

   (a) For the purpose of this section the following definitions shall
   apply:

   (1) Temporary service shall mean service for a period not exceeding 6
   months;

   (2) Emergency service shall mean service for which there is an
   immediate need occasioned by conditions unforeseen by, and beyond the
   control of, the carrier.

   (b) Applicants seeking immediate authorization to provide temporary
   service or emergency service must file their request with the
   Commission. Requests must set forth why such immediate authority is
   required; the nature of the emergency; the type of facilities proposed
   to be used; the route kilometers thereof; the terminal communities to
   be served, and airline kilometers between such communities; how these
   points are currently being served by the applicant or other carriers;
   the need for the proposed service; the cost involved, including any
   rentals, the date on which the service is to begin, and where known,
   the date or approximate date on which the service to is terminate.

   (c) Without regard to the other requirements of this part, and by
   application setting forth the need therefore, any carrier may request
   continuing authority, subject to termination by the Commission at any
   time upon ten (10) days' notice to the carrier, to provide temporary or
   emergency service by the construction or installation of facilities
   where the estimated construction, installation, and acquisition costs
   do not exceed $35,000 or an annual rental of not more than $7,000
   provided that such project does not involve a major action under the
   Commission's environmental rules. (See subpart I of part 1 of this
   chapter.) Any carrier to which continuing authority has been granted
   under this paragraph shall, not later than the 30th day following the
   end of each 6-month period covered by such authority, file with the
   Commission a statement making reference to this paragraph and setting
   forth, with respect to each project (construction, installation, lease,
   including any renewals thereof), which was commenced or, in the case of
   leases, entered into under such authority, and renewal or renewals
   thereof which were in continuous effect for a period of more than one
   week, the following information:

   (1) The type of facility constructed, installed, or leased;

   (2) The route kilometers thereof (excluding leased facilities);

   (3) The terminal communities served and the airline kilometers between
   terminal communities in the proposed project;

   (4) The cost thereof, including construction, installation, or lease;

   (5) Where appropriate, the name of the lessor company, and the dates of
   commencement and termination of the lease.

   (d)(1) A request may be made by any carrier for continuing authority to
   lease and operate, during any emergency when its regular facilities
   become inoperative or inadequate to handle its traffic, facilities or
   any other carrier between points between which applicant is authorized
   to communicate by radio for the transmission of traffic which applicant
   is authorized to handle.

   (2) Such request shall make reference to this paragraph and set forth
   the points between which applicant desires to operate facilities of
   other carriers and the nature of the traffic to be handled.

   (3) Continuing authority for the operation thereafter of such alternate
   facilities during emergencies shall be deemed granted effective as of
   the 21st day following the filing of the request unless on or before
   that date the Commission shall notify the applicant to the contrary:
   provided, however, Applicant shall, not later than the 30th day
   following the end of each quarter in which it has operated facilities
   of any other carrier pursuant to authority granted under this
   paragraph, file with the Commission a statement in writing making
   reference to this paragraph and describing each occasion during the
   quarter when it has operated such facilities, giving dates, points
   between which such facilities were located, hours or minutes used,
   nature of traffic handled, and reasons why its own facilities could not
   be used.

   (e) Subject to the availability of electronic forms, all applications
   and notifications described in this section must be filed
   electronically through the International Bureau Filing System (IBFS). A
   list of forms that are available for electronic filing can be found on
   the IBFS homepage. For information on electronic filing requirements,
   see part 1, § § 1.1000 through 1.10018 of this chapter and the IBFS
   homepage at http://www.fcc.gov/ibfs. See also § § 63.20 and 63.53.

   (Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303)

   [ 28 FR 13229 , Dec. 5, 1963, as amended at  41 FR 20662 , May 20, 1976;  58 FR 44906 , Aug. 25, 1993. Redesignated and amended at  64 FR 39939 , July
   23, 1999;  69 FR 29902 , May 26, 2004;  70 FR 38799 , July 6, 2005]

   

General Provisions Relating to All Applications Under Section 214