Goto Section: 0.405 | 0.408 | Table of Contents

FCC 0.406
Revised as of
Goto Year:1996 | 1998
Sec. 0.406  The rules and regulations.

    Persons having business with the Commission should familiarize 
themselves with those portions of its rules and regulations pertinent to 
such business. All of the rules have been published and are readily 
available. See Secs. 0.411(b), 0.412, and 0.415. For the benefit of 
those who are not familiar with the rules, there is set forth in this 
section a brief description of their format and contents.
    (a) Format. The rules are set forth in the Code of Federal 
Regulations as

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chapter I of title 47. Chapter I is divided into parts numbered from 0-
99. Each part, in turn, is divided into numbered sections. To allow for 
the addition of new parts and sections in logical sequence, without 
extensive renumbering, parts and sections are not always numbered 
consecutively. Thus, for example, part 2 is followed by part 5, and 
Sec. 1.8 is followed by Sec. 1.10; in this case, parts 3 and 4 and 
Sec. 1.9 have been reserved for future use. In numbering sections, the 
number before the period is the part number; and the number after the 
period locates the section within that part. Thus, for example, Sec. 1.1 
is the first section of part 1 and Sec. 5.1 is the first section in part 
5. Except in the case of accounting regulations (parts 31-35), the 
period should not be read as a decimal point; thus, Sec. 1.511 is not 
located between Secs. 1.51 and 1.52 but at a much later point in the 
rules. In citing the Code of Federal Regulations, the citation, 47 CFR 
5.1, for example, is to Sec. 5.1 (in part 5) of chapter I of title 47 of 
the Code, and permits the exact location of that rule. No citation to 
other rule units (e.g., subpart or chapter) is needed.
    (b) Contents. Parts 0-19 of the rules have been reserved for 
provisions of a general nature. Parts 20-69 of this chapter have been 
reserved for provisions pertaining to common carriers. Parts 20-29 and 
80-109 of this chapter have been reserved for provisions pertaining to 
the wireless telecommunications services. In the rules pertaining to 
common carriers, parts 20-25 and 80-99 of this chapter pertain to the 
use of radio; In the rules pertaining to common carriers, parts 21, 23, 
and 25 of this chapter pertain to the use of radio; parts 31-66 of this 
chapter pertain primarily to telephone and telegraph companies. Persons 
having business with the Commission will find it useful to consult one 
or more of the following parts containing provisions of a general nature 
in addition to the rules of the radio or wire communication service in 
which they are interested:
    (1) Part 0, Commission organization. Part 0 describes the structure 
and functions of the Commission, lists delegations of authority to the 
staff, and sets forth information designed to assist those desiring to 
obtain information from, or to do business with, the Commission. This 
part is designed, among other things, to meet certain of the 
requirements of the Administrative Procedure Act, as amended.
    (2) Part 1 of this chapter, practice and procedure. Part 1, subpart 
A, of this chapter contains the general rules of practice and procedure. 
Except as expressly provided to the contrary, these rules are applicable 
in all Commission proceedings and should be of interest to all persons 
having business with the Commission. Part 1, subpart A of this chapter 
also contains certain other miscellaneous provisions. Part 1, subpart B, 
of this chapter contains the procedures applicable in formal hearing 
proceedings (see Sec. 1.201 of this chapter). Part 1, subpart C, of this 
chapter contains the procedures followed in making or revising the rule 
or regulations. Part 1, subpart D, of this chapter contains rules 
applicable to applications for licenses in the Broadcast Radio Services, 
including the forms to be used, the filing requirements, the procedures 
for processing and acting upon such applications, and certain other 
matters. Part 1, subpart F, of this chapter contain rules applicable to 
applications for licenses in the Wireless Telecommunications Bureau 
services, including the forms to be used, the filing requirements, the 
procedures for processing and acting on such applications, and certain 
other matters. Additional procedures applicable to certain common 
carriers by radio are set forth in part 21 of this chapter. Part 1, 
subpart F, of this chapter contains rules applicable to applications for 
licenses in the Private Radio Services, including the forms to be used, 
the filing requirements, the procedures for processing and acting on 
such applications, and certain other matters. Part 1, subpart G, of this 
chapter contains rules pertaining to the application processing fees 
established by the Consolidated Omnibus Budget Reconciliation Act of 
1985 (Pub. L. 99-272, 100 Stat. 82 (1986)) and also contains rules 
pertaining to the regulatory fees established by the Omnibus Budget 
Reconciliation Act of 1993 (Pub. L. 103-66, 107 Stat. 397 (1993)). Part 
1, subpart H, of this chapter, concerning ex parte

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presentations, sets forth standards governing communications with 
commission personnel in hearing proceedings and contested application 
proceedings. Part 1, subparts G and H, of this chapter will be of 
interest to all regulatees, and part 1, subpart H, of this chapter will, 
in addition, be of interest to all persons involved in hearing 
proceedings.
    (3) Part 2, frequency allocations and radio treaty matters; general 
rules and regulations. Part 2 will be of interest to all persons 
interested in the use of radio. It contains definitions of technical 
terms used in the rules and regulations; provisions governing the 
allocation of radio frequencies among the numerous uses made of radio 
(e.g., broadcasting, land mobile) and radio services (e.g., television, 
public safety), including the Table of Frequency Allocaions 
(Sec. 2.106); technical provisions dealing with emissions; provisions 
dealing with call signs and emergency communications; provisions 
governing type acceptance and type approval of radio equipment; and a 
list of treaties and other international agreements pertaining to the 
use of radio.
    (4) Part 5, experimental radio services (other than broadcast). Part 
5 deals with the temporary use of radio frequencies for research in the 
radio art, for communication involving other research projects, and for 
the development of equipment, data, or techniques.
    (5) Part 13, commercial radio operators. Part 13 describes the 
procedures to be followed in applying for a commercial operator license, 
including the forms to be used and the examinations given, and sets 
forth rules governing licensed operators. It will be of interest to 
applicants for such licenses, licensed operators, and the licensees of 
radio stations which may be operated only by persons holding a 
commercial radio operator license.
    (6) Part 15, radio frequency devices. Part 15 contains regulations 
designed to prevent harmful interference to radio communication from 
radio receivers and other devices which radiate radio frequency energy, 
and provides for the certification of radio receivers. It also provides 
for the certification of low power transmitters and for the operation of 
certificated transmitters without a license.
    (7) Part 17, construction, marking, and lighting of antenna 
structures. Part 17 contains criteria for determining whether 
applications for radio towers require notification of proposed 
construction to the Federal Aviation Administration, and specifications 
for obstruction marking and lighting of antenna structures.
    (8) Part 18, industrial, scientific and medical equipment. Part 18 
contains regulations designed to prevent harmful interference to radio 
communication from ultrasonic equipment, industrial heating equipment, 
medical diathermy equipment, radio frequency stabilized arc welders, and 
other equipment which uses radio energy for purposes other than 
communication.
    (9) Part 19, employee responsibilities and conduct. Part 19 
prescribes standards of conduct for the members and staff of the 
Commission.
[ 32 FR 10571 , July 19, 1967, as amended at  32 FR 12180 , Aug. 24, 1967; 
 37 FR 20553 , Sept. 30, 1972;  52 FR 5288 , Feb. 20, 1987;  58 FR 13021 , 
Mar. 9, 1993;  59 FR 30998 , June 16, 1994;  60 FR 35507 , July 10, 1995]


Goto Section: 0.405 | 0.408

Goto Year: 1996 | 1998
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