Goto Section: 0.405 | 0.408 | Table of Contents
FCC 0.406
Revised as of October 1, 2009
Goto Year:2008 |
2010
§ 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 § § 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 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
§ 1.8 is followed by § 1.10; in this case, parts 3 and 4 and § 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, § 1.1 is the first
section of part 1 and § 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, § 1.511 is not located between § § 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 § 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 § 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 E, of this
chapter contains general rules and procedures applicable to common
carriers. 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. 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 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 Allocations (§ 2.106);
technical provisions dealing with emissions; provisions dealing with
call signs and emergency communications; provisions governing
authorization 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;
63 FR 36596 , July 7, 1998]
Goto Section: 0.405 | 0.408
Goto Year: 2008 |
2010
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