Sec. 101.31  Special temporary, temporary, and conditional 
          authorizations.

    (a) Special temporary authorization. (1) In circumstances requiring 
immediate or temporary use of facilities, licensees subject to this part 
may request special temporary authority to install and/or operate new or 
modified equipment. Any such request may be submitted as an informal 
application in the manner set forth in Sec. 101.9 and must contain full 
particulars as to the proposed operation including all facts sufficient 
to justify the temporary authority sought and the public interest 
therein. No such request will be considered unless the request is 
received by the Commission at least 10 days prior to the date of 
proposed construction or operation or, where an extension is sought, 
expiration date of the existing temporary authorization.
    (2) Special temporary authorization may be granted upon written 
request in the following circumstances:
    (i) In emergency situations;

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    (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 Commission may grant requests for special temporary 
authority without issuing the public notice provided for in Sec. 101.37 
for periods not exceeding 180 days, if there are extraordinary 
circumstances supporting the request and where delay in commencing 
temporary operation would seriously prejudice the public interest. 
Requests for special temporary authorization not involving extraordinary 
circumstances may be granted without public notice for a period of 30 
days where an application for regular operation is not contemplated or 
for 60 days pending or after the filing of an application for regular 
operation. Requests for special temporary authority are issued on a 
strictly secondary, non-interfering basis, and do not in any way affect 
the final disposition of any application or action pending before the 
Commission.
    (4) Extension of a special temporary authorization for a period of 
180 days may be granted, but the renewing applicant bears a heavy burden 
to show that extraordinary circumstances warrant such an extension.
    (5) Request for special temporary authorization must contain the 
following information:
    (i) Name, address, and citizenship status of the applicant;
    (ii) Need for special action, including a description of any 
emergency or damage to equipment;
    (iii) Type of operation to be conducted;
    (iv) Purpose of operation;
    (v) Time and date of operation desired;
    (vi) Class of station and nature of service;
    (vii) Location of station and points with which station will 
communicate;
    (viii) Equipment to be used, specifying manufacturer, model number, 
and number of units;
    (ix) Frequency(s) desired;
    (x) Azimuth and beamwidth of major lobe of transmitting antenna and 
ERP;
    (xi) Type of emission;
    (xii) Description of antenna to be used, including height; and
    (xiii) Certification that prior coordination is complete.
    (6) In cases of emergency found by the Commission, involving danger 
to life or property or due to damage of equipment, or during a national 
emergency proclaimed by the President or declared by the Congress or 
during the continuance of any war in which the United States is engaged 
and when such action is necessary for the national defense or safety or 
otherwise in furtherance of the war effort, or in cases of emergency 
where the Commission finds that it would not be feasible to secure 
renewal applications from existing licensees or otherwise to follow 
normal licensing procedure, the Commission will grant construction 
permits and station licenses, or modifications or renewals thereof, 
during the emergency found by the Commission or during the continuance 
of any such national emergency or war, as special temporary licenses, 
only for the period of emergency or war, requiring such action, without 
the filing of formal applications.
    (b) Temporary authorizations. (1) Authorizations may be issued upon 
proper application for rendition of temporary service to subscribers 
under the following conditions:
    (i) When a fixed station, authorized to operate at temporary 
locations, is to remain at a single location for more than 6 months, an 
application (FCC Form 402 or 494, as appropriate) for a station 
authorization designating that single location as the permanent location 
shall be filed at least 90 days prior to the expiration of the 6-month 
period;
    (ii) The station shall be used only for rendition of communication 
service at a remote point where the provision of wire facilities is not 
practicable within the required time frame; and

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    (iii) The antenna structure height employed at any location shall 
not exceed the criteria set forth in Sec. 17.7 of this chapter unless, 
in each instance, authorization for use of a specific maximum antenna 
structure height for each location has been obtained from the Commission 
prior to erection of the antenna. See Sec. 101.125.
    (2) Applications for authorizations to operate stations at temporary 
locations under the provisions of this section shall be made upon FCC 
Form 402 or 494, as appropriate. Blanket applications may be submitted 
for the required number of transmitters.
    (3) The licensee of stations which are authorized pursuant to the 
provisions of paragraph (b) of this section shall notify the Commission 
at least five (5) days prior to installation of the facilities, stating:
    (i) The call sign, manufacturer's name, type or model number, output 
power and specific location of the transmitter(s);
    (ii) The maintenance location for the transmitter;
    (iii) The location of the transmitting or receiving station with 
which it will communicate and the identity of the correspondent 
operating such facilities;
    (iv) The exact frequency or frequencies to be used;
    (v) The public interest, convenience and necessity to be served by 
operation of the proposed installation;
    (vi) The commencement and anticipated termination dates of operation 
from each location. In the event the actual termination date differs 
from the previous notification, written notice thereof promptly shall be 
given to the Commission;
    (vii) A notification shall include compliance with the provisions of 
Sec. 101.21(e) when operations are to be conducted in the area of other 
terrestrial microwave stations and with the provisions of Sec. 101.21(e) 
when operations are to be conducted within the coordination distance 
contours of a fixed earth station; and
    (viii) Where the notification contemplates initially a service which 
is to be rendered for a period longer than 90 days, the notification 
shall contain a showing as to why application should not be made for 
regular authorization.
    (4) Less than 5 days advance notice may be given when circumstances 
require shorter notice provided such notice is promptly given and the 
reasons in support of such shorter notice are stated.
    (5) A copy of the notification shall be kept with the station 
license.
    (c) Prior coordination. Stations authorized under this section may 
complete the prior coordination process orally and the period allowed 
for response to a coordination notification may be less than 30 days if 
the parties agree. The requirements under Sec. 101.103(d)(2)(i) for 
written documentation shall apply to such oral notice.
    (d) Certification. Any applicant under this section must submit a 
certification that neither the applicant nor any party to the applicant 
is subject to a denial of Federal benefits pursuant to section 5301 of 
the Anti-Drug Abuse Act of 1988, as required by Sec. 1.2002 of this 
chapter.
    (e) Conditional authorization. (1) An applicant for a new point-to-
point microwave radio station(s) or a modification of an existing 
station(s) in the 3,700-4,300; 5,925-6,425; 6,525-6,875; 10,550-10,680; 
10,700-11,700; 11,700-12,200; 12,200-12,700; 12,700-13,200; 13,200-
13,250; 17,700-19,700; and 21,200-23,600 MHz bands (see Sec. 101.147 for 
specific service usage) may operate the proposed station(s) during the 
pendency of its applications(s) upon the filing of a properly completed 
formal application(s) that complies with subpart B of part 101 if the 
applicant certifies that the following conditions are satisfied:
    (i) The frequency coordination procedures of Sec. 101.103 have been 
successfully completed;
    (ii) The antenna structure(s) has been previously studied by the 
Federal Aviation Administration and determined to pose no hazard to 
aviation safety as required by subpart B of part 17 of this chapter; or 
the antenna or tower structure does not exceed 6.1 meters above ground 
level or above an existing man-made structure (other than an antenna 
structure), if the antenna or tower has not been previously studied by 
the Federal Aviation Administration and cleared by the FCC;

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    (iii) The grant of the application(s) does not require a waiver of 
the Commission's rules:
    (iv) The applicant has determined that the facility(ies) will not 
significantly affect the environment as defined in Sec. 1.1307 of this 
chapter;
    (v) The station site(s) does not lie within 56.3 kilometers of any 
international border or within a radio ``Quiet Zone'' identified in 
Sec. 101.123, or if operated on frequencies in the 17,700-19,700 MHz 
band, the station site(s) does not lie within the states of Colorado, 
Maryland and Virginia and the District of Columbia;
    (vi) The filed application(s) does not propose to operate in the 
10.6-10.68 GHz band, or in the 21.2-23.6 GHz band with an E.R.P. greater 
than 55 dBm pursuant to Sec. 101.147(s); and
    (vii) The filed application(s) is consistent with the proposal that 
was coordinated pursuant to Sec. 101.103.
    (2) Conditional authority ceases immediately if the application(s) 
is returned by the Commission because it is not acceptable for filing.
    (3) A conditional authorization pursuant to paragraphs (e)(1) and 
(e)(2) of this section is evidenced by retaining the original executed 
conditional licensing Certification Form with the station records. 
Conditional authorization does not prejudice any action the Commission 
may take on the subject application(s). Conditional authority is 
accepted with the express understanding that such authority may be 
modified or cancelled by the Commission at any time without hearing if, 
in the Commission's discretion, the need for such action arises. An 
applicant operating pursuant to this conditional authority assumes all 
risks associated with such operation, the termination or modification of 
the conditional authority, or the subsequent dismissal or denial of its 
application(s).
    (4) The Certification Form, or a copy thereof, must be posted at 
each station operating pursuant to this section consistent with 
Sec. 101.215.