Sec. 63.03 Special provisions relating to small projects for
supplementing of facilities.
(a) Facilities authorized under this section are limited to those
that supplement existing facilities. Excluded from consideration under
this section are applications that would involve:
(1) A new or modified service;
(2) One or more points of service not previously authorized to the
applicant for the type of service involved;
(3) New transmission facilities (excluding supplemental radio
transmitters) over which applicant has not previously received authority
under part 63;
(4) An action that may have a significant impact upon the
environment, see Sec. 1.1307 of this chapter.
(5) International channels exceeding 60 64-kilobit per second
circuits; or
(6) Domestic channels where the construction or acquisition cost
exceeds $2,000,000 or where the annual rental exceeds $500,000.
(b) Applications submitted under this section shall be clearly
identified as requesting authority pursuant to this section and the
original shall be accompanied by two copies. The application shall
contain a statement showing how the proposed acquisition, lease,
operation or construction would serve the public interest, convenience,
and necessity. Such statement must include information concerning:
(1) The terminal communities between which the proposed facilities
are to be located;
(2) A statement as to the type of communications services which will
be provided on the proposed facilities;
(3) The need for the proposed construction, acquisition, lease or
operation;
(4) A description of the proposed facilities giving the number of
each type of communication channel to be provided thereby;
(5) The estimated construction cost, annual rental, or purchase
price, as appropriate for the proposed facilities;
(6) The route kilometers of the facilities involved (excluding
leased facilities) and airline kilometers between terminal communities
in the proposed project; and
(7) The accounting to be performed by the carrier with respect to
the proposed project.
(c) In addition to the requirements of paragraph (b) of this
section, applications involving overseas circuits shall:
(1) Cite by file number and date of adoption a currently effective
Commission Order granted pursuant to Sec. 63.01 granting the applicant
authority to acquire like facilities for the provision of service
between the points for which authority for additional circuitry is being
requested. Where the applicant has been granted a currently effective
authorization (Blanket Order) which specifies in an appendix to that
Commission Order all or most of the facilities of a specific type (e.g.
satellite circuits provided by satellites over a given ocean basin,
circuits in a single submarine cable system, etc.), the applicant has
been authorized to use to serve the ocean basin, area or country to
which applicant is seeking to acquire supplemental facilities, the
applicant shall cite that authorization.
(2) Contain a specific statement that applicant will construct,
acquire and/or operate the requested facilities in accordance with the
terms and conditions of the Order cited pursuant to paragraph (c)(1) of
this section.
(3) When the Commission Order cited pursuant to paragraph (c)(1) of
this section is a Blanket Authorization, applicant shall submit a
revised Appendix showing the changes thereto which will occur on grant
of its application.
(d) Such supplementing of facilities shall be deemed to have been
authorized by the Commission effective as of the 21st day following the
date the application appears on public notice unless on or before the
21st day the Commission shall notify the applicant to the contrary.
Where supplemental facilities are authorized under this section, they
shall be considered subject to the same terms and conditions, if any,
that the Commission has imposed upon a prior authorization which is
being supplemented.
(e) Any carrier may request continuing authority, subject to
termination by the Commission at any time upon 10 days' notice to the
carrier, to commence small projects for the supplementing of existing
facilities.
[[Page 143]]
Such an application shall set forth the need for such authority;
however, it shall not be considered granted pursuant to paragraph (d) of
this section. Upon authorization of such continuing authority by the
Commission, the carrier may commence small projects subject to the
limitations set forth in paragraph (a) of this section, except that the
construction, installation and acquisition cost for each project shall
be limited to $70,000 or an annual rental of $14,000. Not later than the
30th day following the end of each calender year covered by such
authority, the carrier shall file a report in writing on the projects
commenced pursuant to continuing authority except that carriers planning
to file an application under an approved annual program, see Sec. 63.06,
shall file their report as an exhibit to the annual application. The
report shall make reference to this paragraph and set forth, with
respect to each project (construction, installation, acquisition, lease
including any renewal thereof, and operation) which was commenced
thereunder, the following information:
(1) The type of facility constructed, installed, acquired, or
leased;
(2) The route kilometers thereof (excluding leased facilities);
(3) The terminal communities served and airline kilometers between
such communities;
(4) The cost thereof, including construction, installation,
acquisition, or lease; and
(5) When appropriate, the name of the lessor company and the dates
of commencement and termination of the lease.
(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. )
[41 303 FR 20661 , May 20, 1976, as amended at 49 FR 22818 , June 1, 1984; 55 FR 20397 , May 16, 1990; 58 FR 44461 , Aug. 23, 1993; 58 FR 44906 , Aug.
25, 1993]
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