Sec. 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.