[Code of Federal Regulations]

[Title 47, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 47CFR1.1]



[Page 93-102]

 

                       TITLE 47--TELECOMMUNICATION

 

              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION

 

PART 1_PRACTICE AND PROCEDURE--Table of Contents

 

            Subpart A_General Rules of Practice and Procedure

 

Sec. 1.1  Proceedings before the Commission.









            Subpart A_General Rules of Practice and Procedure



                                 General



Sec.

1.1 Proceedings before the Commission.



[[Page 94]]



1.2 Declaratory rulings.

1.3 Suspension, amendment, or waiver of rules.

1.4 Computation of time.

1.5 Mailing address furnished by licensee.

1.6 Availability of station logs and records for Commission inspection.

1.7 Documents are filed upon receipt.

1.8 Withdrawal of papers.

1.10 Transcript of testimony; copies of documents submitted.

1.12 Notice to attorneys of Commission documents.

1.13 Filing of petitions for review and notices of appeals of Commission 

          orders.

1.14 Citation of Commission documents.

1.16 Unsworn declarations under penalty of perjury in lieu of 

          affidavits.

1.17 Truthful and accurate statements to the Commission.

1.18 Administrative Dispute Resolution.

1.19 Use of metric units required.



                  Parties, Practitioners, and Witnesses



1.21 Parties.

1.22 Authority for representation.

1.23 Persons who may be admitted to practice.

1.24 Censure, suspension, or disbarment of attorneys.

1.25 [Reserved]

1.26 Appearances.

1.27 Witnesses; right to counsel.

1.28-1.29 [Reserved]



                   Pleadings, Briefs, and Other Papers



1.41 Informal requests for Commission action.

1.42 Applications, reports, complaints; cross-reference.

1.43 Requests for stay; cross-reference.

1.44 Separate pleadings for different requests.

1.45 Pleadings; filing periods.

1.46 Motions for extension of time.

1.47 Service of documents and proof of service.

1.48 Length of pleadings.

1.49 Specifications as to pleadings and documents.

1.50 Specifications as to briefs.

1.51 Number of copies of pleadings, briefs and other papers.

1.52 Subscription and verification.

1.53 Separate pleadings for petitions for forbearance.



                     General Application Procedures



1.61 Procedures for handling applications requiring special aeronautical 

          study.

1.62 Operation pending action on renewal application.

1.65 Substantial and significant changes in information furnished by 

          applicants to the Commission.

1.68 Action on application for license to cover construction permit.

1.77 Detailed application procedures; cross references.



                        Miscellaneous Proceedings



1.80 Forfeiture proceedings.

1.83 Applications for radio operator licenses.

1.85 Suspension of operator licenses.

1.87 Modification of license or construction permit on motion of the 

          Commission.

1.88 Predesignation pleading procedure.

1.89 Notice of violations.

1.91 Revocation and/or cease and desist proceedings; hearings.

1.92 Revocation and/or cease and desist proceedings; after waiver of 

          hearing.

1.93 Consent orders.

1.94 Consent order procedures.

1.95 Violation of consent orders.



   Reconsideration and Review of Actions Taken by the Commission and 

 Pursuant to Delegated Authority; Effective Dates and Finality Dates of 

                                 Actions



1.101 General provisions.

1.102 Effective dates of actions taken pursuant to delegated authority.

1.103 Effective dates of Commission actions; finality of Commission 

          actions.

1.104 Preserving the right of review; deferred consideration of 

          application for review.

1.106 Petitions for reconsideration.

1.108 Reconsideration on Commission's own motion.

1.110 Partial grants; rejection and designation for hearing.

1.113 Action modified or set aside by person, panel, or board.

1.115 Application for review of action taken pursuant to delegated 

          authority.

1.117 Review on motion of the Commission.

1.120 Protests of grants without hearing.



                      Subpart B_Hearing Proceedings



                                 General



1.201 Scope.

1.202 Official reporter; transcript.

1.203 The record.

1.204 Pleadings; definition.

1.205 Continuances and extensions.

1.207 Interlocutory matters, reconsideration and review; cross 

          references.

1.209 Identification of responsible officer in caption to pleading.

1.211 Service.



                         Participants and Issues



1.221 Notice of hearing; appearances.

1.223 Petitions to intervene.

1.224 Motion to proceed in forma pauperis.

1.225 Participation by non-parties; consideration of communications.



[[Page 95]]



1.227 Consolidations.

1.229 Motions to enlarge, change, or delete issues.



                            Presiding Officer



1.241 Designation of presiding officer.

1.243 Authority of presiding officer.

1.244 Designation of a settlement judge.

1.245 Disqualification of presiding officer.



                          Prehearing Procedures



1.246 Admission of facts and genuineness of documents.

1.248 Prehearing conferences; hearing conferences.

1.249 Prehearing statement.



                    Hearing and Intermediate Decision



1.250 Discovery and preservation of evidence; cross-reference.

1.251 Summary decision.

1.253 Time and place of hearing.

1.254 Nature of the hearing; burden of proof.

1.255 Order of procedure.

1.258 Closing of the hearing.

1.260 Certification of transcript.

1.261 Corrections to transcript.

1.263 Proposed findings and conclusions.

1.264 Contents of findings of fact and conclusions.

1.267 Initial and recommended decisions.



                           Review Proceedings



1.271 Delegation of review function.

1.273 Waiver of initial or recommended decision.

1.274 Certification of the record to the Commission for initial or final 

          decision.

1.276 Appeal and review of initial decision.

1.277 Exceptions; oral arguments.

1.279 Limitation of matters to be reviewed.

1.282 Final decision of the Commission.



              Interlocutory Actions in Hearing Proceedings



1.291 General provisions.

1.294 Oppositions and replies.

1.296 Service.

1.297 Oral argument.

1.298 Rulings; time for action.



        Appeal and Reconsideration of Presiding Officer's Ruling



1.301 Appeal from presiding officer's interlocutory ruling; effective 

          date of ruling.

1.302 Appeal from presiding officer's final ruling; effective date of 

          ruling.



               The Discovery and Preservation of Evidence



1.311 General.

1.313 Protective orders.

1.315 Depositions upon oral examination--notice and preliminary 

          procedure.

1.316 Depositions upon written interrogatories--notice and preliminary 

          procedure.

1.318 The taking of depositions.

1.319 Objections to the taking of depositions.

1.321 Use of depositions at the hearing.

1.323 Interrogatories to parties.

1.325 Discovery and production of documents and things for inspection, 

          copying, or photographing.



                                Subpenas



1.331 Who may sign and issue.

1.333 Requests for issuance of subpena.

1.334 Motions to quash.

1.335 Rulings.

1.336 Service of subpenas.

1.337 Return of service.

1.338 Subpena forms.

1.339 Witness fees.

1.340 Attendance of witness; disobedience.



                                Evidence



1.351 Rules of evidence.

1.352 Cumulative evidence.

1.353 Further evidence during hearing.

1.354 Documents containing matter not material.

1.355 Documents in foreign language.

1.356 Copies of exhibits.

1.357 Mechanical reproductions as evidence.

1.358 Tariffs as evidence.

1.359 Proof of official record; authentication of copy.

1.360 Proof of lack of record.

1.361 Other proof of official record.

1.362 Production of statements.

1.363 Introduction of statistical data.

1.364 Testimony by speakerphone.



                    Subpart C_Rulemaking Proceedings



                                 General



1.399 Scope.

1.400 Definitions.



                     Petitions and Related Pleadings



1.401 Petitions for rulemaking.

1.403 Notice and availability.

1.405 Responses to petitions; replies.

1.407 Action on petitions.



                         Rulemaking Proceedings



1.411 Commencement of rulemaking proceedings.

1.412 Notice of proposed rulemaking.

1.413 Content of notice.

1.415 Comments and replies.

1.419 Form of comments and replies; number of copies.

1.420 Additional procedures in proceedings for amendment of the FM or TV 

          Tables of Allotments.

1.421 Further notice of rulemaking.

1.423 Oral argument and other proceedings.



[[Page 96]]



1.425 Commission action.

1.427 Effective date of rules.

1.429 Petition for reconsideration.



                                Inquiries



1.430 Proceedings on a notice of inquiry.



            Subpart D_Broadcast Applications and Proceedings



1.502 Emergency Broadcast Authorizations.



                       General Filing Requirements



1.511 Applications required.

1.512 Where to file; number of copies.

1.513 Who may sign applications.

1.514 Content of applications.

1.516 Specification of facilities.

1.517 Contingent applications.

1.518 Inconsistent or conflicting applications.

1.519 Repetitious applications.

1.520 Multiple applications.

1.522 Amendment of applications.

1.525 Agreements between parties for amendment or dismissal of, or 

          failure to prosecute, broadcast applications.

1.526 Records to be maintained locally for public inspection by 

          commercial applicants, permittees and licensees.

1.527 Records to be maintained locally for public inspection by 

          noncommercial educational applicants, permittees and 

          licensees.

1.531 Formal and informal applications.

1.533 Application forms for authority to construct a new station or make 

          changes in an existing station.

1.534 Application for extension of construction permit or for 

          construction permit to replace expired construction permit.

1.536 Application for license to cover construction permit.

1.538 Application for modification of license.

1.539 Application for renewal of license.

1.540 Application for voluntary assignment or transfer of control.

1.541 Application for involuntary assignment of license or transfer of 

          control.

1.542 Application for temporary authorization.

1.543 Application for renewal or modification of special service 

          authorization.

1.544 Application for broadcast station to conduct field strength 

          measurements and for experimental operation.

1.545 Application for permit to deliver programs to foreign countries.

1.546 Application to determine operating power by direct measurement of 

          antenna power.

1.549 Requests for extension of authority to operate without required 

          monitors, indicating instruments, and EBS Attention Signal 

          devices.

1.550 Requests for new or modified call sign assignments.

1.561 Staff consideration of applications which receive action by the 

          Commission.

1.562 Staff consideration of applications which do not require action by 

          the Commission.

1.564 Acceptance of applications.

1.566 Defective applications.

1.568 Dismissal of applications.

1.570 AM broadcast station applications involving other North American 

          countries.

1.571 Processing AM broadcast station applications.

1.572 Processing TV broadcast and translator station applications.

1.573 Processing FM broadcast and translator station applications.

1.574 Processing of international broadcast station applications.

1.578 Amendments to applications for renewal, assignment or transfer of 

          control.

1.580 Local public notice of filing of broadcast applications.

1.584 Petitions to deny.

1.587 Procedure for filing informal applications.

1.591 Grants without hearing.

1.592 Conditional grant.

1.593 Designation for hearing.

1.594 Local public notice of designation for hearing.

1.597 Procedures on transfer and assignment applications.

1.598 Period of construction.

1.599 Forfeiture of construction permit.

1.601 Simultaneous modification and renewal of license.

1.603 Special waiver procedure relative to applications.

1.605 Retention of applications in hearing status after designation for 

          hearing.

1.612 Annual employment report.

1.613 Filing of contracts.

1.615 Ownership reports.



   Subpart E_Complaints, Applications, Tariffs, and Reports Involving 

                             Common Carriers



                                 General



1.701 Show cause orders.

1.703 Appearances.



                               Complaints



1.711 Formal or informal complaints.



                           informal complaints



1.716 Form.

1.717 Procedure.

1.718 Unsatisfied informal complaints; formal complaints relating back 

          to the filing dates of informal complaints.

1.719 Informal complaints filed pursuant to section 258.



[[Page 97]]



                            Formal Complaints



1.720 General pleading requirements.

1.721 Format and content of complaints.

1.722 Damages.

1.723 Joinder of complainants and causes of action.

1.724 Answers.

1.725 Cross-complaints and counterclaims.

1.726 Replies.

1.727 Motions.

1.728 Formal complaints not stating a cause of action; defective 

          pleadings.

1.729 Discovery.

1.730 The Enforcement Bureau's Accelerated Docket.

1.731 Confidentiality of information produced or exchanged by the 

          parties.

1.732 Other required written submissions.

1.733 Status conference.

1.734 Specifications as to pleadings, briefs, and other documents; 

          subscription.

1.735 Copies; service; separate filings against multiple defendants.

1.736 Complaints filed pursuant to 47 U.S.C. 271(d)(6)(B).



                              Applications



1.741 Scope.

1.742 Place of filing, fees, and number of copies.

1.743 Who may sign applications.

1.744 Amendments.

1.745 Additional statements.

1.746 Defective applications.

1.747 Inconsistent or conflicting applications.

1.748 Dismissal of applications.

1.749 Action on application under delegated authority.



   Specific Types of Applications Under Title II of Communications Act



1.761 Cross reference.

1.763 Construction, extension, acquisition or operation of lines.

1.764 Discontinuance, reduction, or impairment of service.

1.767 Cable landing licenses.

1.768 Notification by and prior approval for submarine cable landing 

          licensees that are or propose to become affiliated with a 

          foreign carrier.



                                 Tariffs



1.771 Filing.

1.772 Application for special tariff permission.

1.773 Petitions for suspension or rejection of new tariff filings.

1.774 Pricing flexibility.



    Contracts, Reports, and Requests Required to be Filed by Carriers



1.781 Requests for extension of filing time.



                                Contracts



1.783 Filing.



              Financial and Accounting Reports and Requests



1.785 Annual financial reports.

1.786 [Reserved]

1.787 Reports of proposed changes in depreciation rates.

1.788 Reports regarding pensions and benefits.

1.789 Reports regarding division of international telegraph 

          communication charges.

1.790 Reports relating to traffic by international carriers.

1.791 Reports and requests to be filed under part 32 of this chapter.

1.795 Reports regarding interstate rates of return.



                     Services and Facilities Reports



1.802 Reports relating to continuing authority to supplement facilities 

          or to provide temporary or emergency service.

1.803 Reports relating to reduction in temporary experimental service.

1.805 Reports relating to service by carriers engaged in public radio 

          service operations.



                          Miscellaneous Reports



1.811 Reports regarding amendments to charters, by-laws and partnership 

          agreements of carriers engaged in domestic public radio 

          services.

1.814 Reports regarding free service rendered the Government for 

          national defense.

1.815 Reports of annual employment.



                       Grants by Random Selection



1.821 Scope.

1.822 General selection procedures.

1.824 Random selection procedures for Multichannel Multipoint 

          Distribution Service and Multipoint Distribution Service H-

          Channel stations.



    Subpart F_Wireless Telecommunications Services Applications and 

                               Proceedings



                           Scope and Authority



1.901 Basis and purpose.

1.902 Scope.

1.903 Authorization required.

1.907 Definitions.



                 Application Requirements and Procedures



1.911 Station files.

1.913 Application and notification forms; electronic and manual filing.

1.915 General application requirements.

1.917 Who may sign applications.

1.919 Ownership information.



[[Page 98]]



1.923 Content of applications.

1.924 Quiet zones.

1.925 Waivers.

1.926 Application processing; initial procedures.

1.927 Amendment of applications.

1.928 Frequency coordination, Canada.

1.929 Classification of filings as major or minor.

1.931 Application for special temporary authority.

1.933 Public notices.

1.934 Defective applications and dismissal.

1.935 Agreements to dismiss applications, amendments or pleadings.

1.937 Repetitious or conflicting applications.

1.939 Petitions to deny.

1.945 License grants.

1.946 Construction and coverage requirements.

1.947 Modification of licenses.

1.948 Assignment of authorization or transfer of control, notification 

          of consummation.

1.949 Application for renewal of license.

1.951 Duty to respond to official communications.

1.955 Termination of authorizations.

1.956 Settlement conferences.

1.957 Procedure with respect to amateur radio operator license.

1.958 Distance computation.

1.959 Computation of average terrain elevation.



                 Reports To Be Filed With the Commission



1.981 Reports, annual and semiannual.



   Subpart G_Schedule of Statutory Charges and Procedures for Payment



1.1101 Authority.

1.1102 Schedule of charges for applications and other filings in the 

          wireless telecommunications services.

1.1103 Schedule of charges for equipment approval, experimental radio 

          services, and international telecommunications settlement 

          services.

1.1104 Schedule of charges for applications and other filings for media 

          services.

1.1105 Schedule of charges for applications and other filings for the 

          wireline competition service.

1.1106 Schedule of charges for applications and other filings for the 

          enforcement service.

1.1107 Schedule of charges for applications and other filings for the 

          international service.

1.1108 Attachment of charges.

1.1109 Payment of charges.

1.1110 Form of payment.

1.1111 Filing locations.

1.1112 Conditionality of Commission or staff authorizations.

1.1113 Return or refund of charges.

1.1114 General exemptions to charges.

1.1115 Adjustments to charges.

1.1116 Penalty for late or insufficient payments.

1.1117 Petitions and applications for review.

1.1118 Error claims.

1.1119 Billing procedures.

1.1151 Authority to prescribe and collect regulatory fees.

1.1152 Schedule of annual regulatory fees and filing locations for 

          wireless radio services.

1.1153 Schedule of annual regulatory fees and filing locations for mass 

          media services.

1.1154 Schedule of annual regulatory charges and filing locations for 

          common carrier services.

1.1155 Schedule of regulatory fees and filing locations for cable 

          television services.

1.1156 Schedule of regulatory fees and filing locations for 

          international services.

1.1157 Payment of charges for regulatory fees.

1.1158 Form of payment for regulatory.

1.1159 Filing locations and receipts for regulatory fees.

1.1160 Refunds of regulatory fees.

1.1161 Conditional license grants and delegated authorizations.

1.1162 General exemptions from regulatory fees.

1.1163 Adjustments to regulatory fees.

1.1164 Penalties for late or insufficient regulatory fee payments.

1.1165 Payment by cashier's check for regulatory fees.

1.1166 Waivers, reductions and deferrals of regulatory fees.

1.1167 Error claims related to regulatory fees.

1.1181 Authority to prescribe and collect fees for competitive bidding-

          related services and products.

1.1182 Schedule of fees for products and services provided by the 

          Commission in connection with competitive bidding procedures.



                    Subpart H_Ex Parte Communications



                                 General



1.1200 Introduction.

1.1202 Definitions.



                       Sunshine Period Prohibition



1.1203 Sunshine period prohibition.



                           General Exemptions



1.1204 Exempt ex parte presentations and proceedings.



                       Non-Restricted Proceedings



1.1206 Permit-but-disclose proceedings.



[[Page 99]]



                         Restricted Proceedings



1.1208 Restricted proceedings.



              Prohibition on Solicitation of Presentations



1.1210 Prohibition on solicitation of presentations.



      Procedures for Handling of Prohibited Ex Parte Presentations



1.1212 Procedures for handling of prohibited ex parte presentations.

1.1214 Disclosure of information concerning violations of this subpart.



                                Sanctions



1.1216 Sanctions.



Subpart I_Procedures Implementing the National Environmental Policy Act 

                                 of 1969



1.1301 Basis and purpose.

1.1302 Cross-reference; Regulations of the Council on Environmental 

          Quality.

1.1303 Scope.

1.1304 Information and assistance.

1.1305 Actions which normally will have a significant impact upon the 

          environment, for which Environmental Impact Statements must be 

          prepared.

1.1306 Actions which are categorically excluded from environmental 

          processing.

1.1307 Actions that may have a significant environmental effect, for 

          which Environmental Assessments (EAs) must be prepared.

1.1308 Consideration of environmental assessments (EAs); findings of no 

          significant impact.

1.1309 Application amendments.

1.1310 Radiofrequency radiation exposure limits.

1.1311 Environmental information to be included in the environmental 

          assessment (EA).

1.1312 Facilities for which no preconstruction authorization is 

          required.

1.1313 Objections.

1.1314 Environmental impact statements (EISs).

1.1315 The Draft Environmental Impact Statement (DEIS); Comments.

1.1317 The Final Environmental Impact Statement (FEIS).

1.1319 Consideration of the environmental impact statements.



             Subpart J_Pole Attachment Complaint Procedures



1.1401 Purpose.

1.1402 Definitions.

1.1403 Duty to provide access; modifications; notice of removal, 

          increase or modification; petition for temporary stay; and 

          cable operator notice.

1.1404 Complaint.

1.1405 File numbers.

1.1406 Dismissal of complaints.

1.1407 Response and reply.

1.1408 Number of copies and form of pleadings.

1.1409 Commission consideration of the complaint.

1.1410 Remedies.

1.1411 Meetings and hearings.

1.1412 Enforcement.

1.1413 Forfeiture.

1.1414 State certification.

1.1415 Other orders.

1.1416 Imputation of rates; modification costs.

1.1417 Allocation of Unusable Space Costs.

1.1418 Use of presumptions in calculating the space factor.



 Subpart K_Implementation of the Equal Access to Justice Act (EAJA) in 

                           Agency Proceedings



                           General Provisions



1.1501 Purpose of these rules.

1.1502 When the EAJA applies.

1.1503 Proceedings covered.

1.1504 Eligibility of applicants.

1.1505 Standards for awards.

1.1506 Allowable fees and expenses.

1.1507 Rulemaking on maximum rates for attorney fees.

1.1508 Awards against other agencies.



                  Information Required From Applicants



1.1511 Contents of application.

1.1512 Net worth exhibit.

1.1513 Documentation of fees and expenses.

1.1514 When an application may be filed.



                 Procedures for Considering Applications



1.1521 Filing and service of documents.

1.1522 Answer to application.

1.1523 Reply.

1.1524 Comments by other parties.

1.1525 Settlement.

1.1526 Further proceedings.

1.1527 Decision.

1.1528 Commission review.

1.1529 Judicial review.

1.1530 Payment of award.



      Subpart L_Random Selection Procedures for Mass Media Services



                           General Procedures



1.1601 Scope.

1.1602 Designation for random selection.

1.1603 Conduct of random selection.

1.1604 Post-selection hearings.

1.1621 Definitions.

1.1622 Preferences.



[[Page 100]]



1.1623 Probability calculation.



         Subpart M_Cable Operations and Licensing System (COALS)



1.1701 Purpose.

1.1702 Scope.

1.1703 Definitions.

1.1704 Station files.

1.1705 Forms; electronic and manual filing.

1.1706 Content of filings.

1.1707 Acceptance of filings.



Subpart N_Enforcement of Nondiscrimination on the Basis of Disability In 

     Programs or Activities Conducted by the Federal Communications 

                               Commission



1.1801 Purpose.

1.1802 Applications.

1.1803 Definitions.

1.1805 Federal Communications Commission Section 504 Programs and 

          Activities Accessibility Handbook.

1.1810 Review of compliance.

1.1811 Notice.

1.1830 General prohibitions against discrimination.

1.1840 Employment.

1.1849 Program accessibility: Discrimination prohibited.

1.1850 Program accessibility: Existing facilities.

1.1851 Building accessibility: New construction and alterations.

1.1870 Compliance procedures.



          Subpart O_Collection of Claims Owed the United States



                           General Provisions



1.1901 Definitions and construction.

1.1902 Exceptions.

1.1903 Use of procedures.

1.1904 Conformance to law and regulations.

1.1905 Other procedures; collection of forfeiture penalties.

1.1906 Informal action.

1.1907 Return of property or collateral.

1.1908 Omissions not a defense.

1.1909 [Reserved]

1.1910 Effect of insufficient fee payments, delinquent debts, or 

          debarment.



  Administrative Offset--Consumer Reporting Agencies--Contracting for 

                               Collection



1.1911 Demand for payment.

1.1912 Collection by administrative offset.

1.1913 Administrative offset against amounts payable from Civil Service 

          Retirement and Disability Fund.

1.1914 Collection in installments.

1.1915 Exploration of compromise.

1.1916 Suspending or terminating collection action.

1.1917 Referrals to the Department of Justice and transfers of 

          delinquent debt to the Secretary of Treasury.

1.1918 Use of consumer reporting agencies.

1.1919 Contracting for collection services.

1.1920-1.1924 [Reserved]



                      Salary Offset-Individual Debt



1.1925 Purpose.

1.1926 Scope.

1.1927 Notification.

1.1928 Hearing.

1.1929 Deduction from employee's pay.

1.1930 Liquidation from final check or recovery from other payment.

1.1931 Non-waiver of rights by payments.

1.1932 Refunds.

1.1933 Interest, penalties and administrative costs.

1.1934 Recovery when the Commission is not creditor agency.

1.1935 Obtaining the services of a hearing official.

1.1936 Administrative Wage Garnishment.

1.1937-1.1939 [Reserved]



      Interest, Penalties, Administrative Costs and Other Sanctions



1.1940 Assessment.

1.1941 Exemptions.

1.1942 Other sanctions.

1.1943-1.1949 [Reserved]



              Cooperation With the Internal Revenue Service



1.1950 Reporting discharged debts to the Internal Revenue Service.

1.1951 Offset against tax refunds.

1.1952 Use and disclosure of mailing addresses.



           General Provisions Concerning Interagency Requests



1.1953 Interagency requests.



       Subpart P_Implementation of the Anti-Drug Abuse Act of 1988



1.2001 Purpose.

1.2002 Applicants required to submit information.

1.2003 Applications affected.



                Subpart Q_Competitive Bidding Proceedings



                           General Procedures



1.2101 Purpose.

1.2102 Eligibility of applications for competitive bidding.

1.2103 Competitive bidding design options.

1.2104 Competitive bidding mechanisms.

1.2105 Bidding application and certification procedures; prohibition of 

          collusion.

1.2106 Submission of upfront payments.



[[Page 101]]



1.2107 Submission of down payment and filing of long-form applications.

1.2108 Procedures for filing petitions to deny against long-form 

          applications.

1.2109 License grant, denial, default, and disqualification.

1.2110 Designated entities.

1.2111 Assignment or transfer of control: unjust enrichment.

1.2112 Ownership disclosure requirements for applications.

1.2113 Construction prior to grant of application.



 Subpart R_Implementation of Section 4(g)(3) of the Communications Act: 

 Procedures Governing Acceptance of Unconditional Gifts, Donations and 

                                Bequests



1.3000 Purpose and scope.

1.3001 Definitions.

1.3002 Structural rules and prohibitions.

1.3003 Mandatory factors for evaluating conflicts of interest.

1.3004 Public disclosure and reporting requirements.



  Subpart S_Preemption of Restrictions That ``Impair'' the Ability to 

    Receive Television Broadcast Signals, Direct Broadcast Satellite 

   Services, or Multichannel Multipoint Distribution Services or the 

  Ability To Receive or Transmit Fixed Wireless Communications Signals



1.4000 Restrictions impairing reception of television broadcast signals, 

          direct broadcast satellite services or multichannel multipoint 

          distribution services.



              Subpart T_Exempt Telecommunications Companies



1.5000 Purpose.

1.5001 Definitions.

1.5002 Contents of application and procedure for filing.

1.5003 Effect of filing.

1.5004 Commission action.

1.5005 Notification of Commission action to the Securities and Exchange 

          Commission.

1.5006 Procedure for notifying Commission of material change in facts.

1.5007 Comments.



 Subpart U_Implementation of Section 325(e) of the Communications Act: 

 Procedures Governing Complaints Filed by Television Broadcast Stations 

      Against Satellite Carriers for Retransmission Without Consent



1.6000 Purpose.

1.6001 Retransmission consent complaint procedures.

1.6002 Form and content.

1.6003 Service requirements.

1.6004 Answers.

1.6005 Exclusive defenses.

1.6006 Counting of violations.

1.6007 Burden of proof.

1.6008 Determinations.

1.6009 Relief.

1.6010 Reporting of remedial measures.

1.6011 Effective date.

1.6012 Sunset provisions.



Subpart V_Implementation of Section 706 of the Telecommunications Act of 

 1996; Commission Collection of Advanced Telecommunications Capability 

                                  Data



1.7000 Purpose.

1.7001 Scope and content of filed reports.

1.7002 Frequency of reports.



                    Subpart W_FCC Registration Number



1.8001 FCC Registration Number (FRN).

1.8002 Obtaining an FRN.

1.8003 Providing the FRN in commission filings.

1.8004 Penalty for failure to provide the FRN.



                       Subpart X_Spectrum Leasing



                           Scope and Authority



1.9001 Purpose and scope.

1.9003 Definitions.

1.9005 Included services.



                     General Policies and Procedures



1.9010 De facto control standard for spectrum leasing arrangements.

1.9020 Spectrum manager leasing arrangements.

1.9030 Long-term de facto transfer leasing arrangements.

1.9035 Short-term de facto transfer leasing arrangements.

1.9040 Contractual requirements applicable to spectrum leasing 

          arrangements.

1.9045 Requirements for spectrum leasing arrangements entered into by 

          licensees participating in the installment payment program.

1.9047 Special provisions relating to leases of educational broadband 

          service spectrum.

1.9048 Special provisions relating to spectrum leasing arrangements 

          involving licensees in the Public Safety Radio Services.

1.9050 Who may sign spectrum leasing notifications and applications.

1.9055 Assignment of file numbers to spectrum leasing notifications and 

          applications.



[[Page 102]]



1.9060 Amendments, waivers, and dismissals affecting spectrum leasing 

          notifications and applications.

1.9080 Private commons.



              Subpart Y_International Bureau Filing System



1.10000 What is the purpose of these rules?

1.10001 Definitions.

1.10002 What happens if the rules conflict?

1.10003 When can I start operating?

1.10004 What am I allowed to do if I am approved?

1.10005 What is IBFS?

1.10006 Is electronic filing mandatory?

1.10007 What applications can I file electronically?

1.10008 What are IBFS file numbers?

1.10009 What are the steps for electronic filing?

1.10010 Do I need to send paper copies with my electronic applications?

1.10011 Who may sign applications?

1.10012 When can I file on IBFS?

1.10013 How do I check the status of my application after I file it?

1.10014 What happens after officially filing my application?

1.10015 Are there exceptions for emergency filings?

1.10016 How do I apply for special temporary authority?

1.10017 How can I submit additional information?

1.10018 May I amend my application?



Appendix A to Part 1--A Plan of Cooperative Procedure in Matters and 

          Cases Under the Provisions of Section 410 of the 

          Communications Act of 1934

Appendix B to part 1--Nationwide Programmatic Agreement for the 

          Collocation of Wireless Antennas

Appendix C to part 1--Nationwide Programmatic Agreement Regarding the 

          Section 106 National Historic Preservation Act Review Process



    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 

157, 225, and 303(r).



    Editorial Note: Nomenclature changes to part 1 appear at 63 FR 

54077, Oct. 8, 1998.





    Source: 28 FR 12415, Nov. 22, 1963, unless otherwise noted.



                                 General





    The Commission may on its own motion or petition of any interested 

party hold such proceedings as it may deem necessary from time to time 

in connection with the investigation of any matter which it has power to 

investigate under the law, or for the purpose of obtaining information 

necessary or helpful in the determination of its policies, the carrying 

out of its duties or the formulation or amendment of its rules and 

regulations. For such purposes it may subpena witnesses and require the 

production of evidence. Procedures to be followed by the Commission 

shall, unless specifically prescribed in this part, be such as in the 

opinion of the Commission will best serve the purposes of such 

proceedings.



(Sec. 403, 48 Stat. 1094; 47 U.S.C. 403)