[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR21.25]



[Page 37-38]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 21_DOMESTIC PUBLIC FIXED RADIO SERVICES--Table of Contents

 

                   Subpart B_Applications and Licenses

 

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



[[Page 38]]



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