Sec.  21.25   Application for temporary authorizations.

   

   (a) In circumstances requiring immediate or temporary use of
   facilities, request may be made for 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. 21.5 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.

   (b) Special temporary authorizations may be granted without regard to
   the 30-day public notice requirement of Sec. 21.27(c) when:

   (1) The authorization is for a period not to exceed 30 days and no
   application for regular application is contemplated to be filed;

   (2) The authorization is for a period not to exceed 60 days pending
   the filing of an application for such regular operation;

   (3) The authorization is to permit interim operation to facilitate
   completion of authorized construction or to provide substantially the
   same service as previously authorized; or

   (4) The authorization is made upon a finding that there are
   extraordinary circumstances requiring operation in the public interest
   and that delay in the institution of such service would seriously
   prejudice the public interest.

   (c) Temporary authorization of operations not to exceed 180 days may
   be granted under the standards of section 309(f) of the Communications
   Act where extraordinary circumstances so require. Extensions of the
   temporary authorization for a period of 180 days each may also be
   granted, but the renewal applicant bears a heavy burden to show that
   extraordinary circumstances warrant such an extension.

   (d) 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.

   [ 44 FR 60534 , Oct. 19, 1979, as amended at  48 FR 27252 , June 14, 1983;
    52 FR 37779 , Oct. 9, 1987]

Processing of Applications