[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2005]

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

[CITE: 47CFR22.409]



[Page 45-46]

 

                       TITLE 47--TELECOMMUNICATION

 

                         COMMISSION (CONTINUED)

 

PART 22_PUBLIC MOBILE SERVICES--Table of Contents

 

                 Subpart D_Developmental Authorizations

 

Sec. 22.409  Developmental authorization for a new Public Mobile Service 

or technology.



    The FCC may grant applications for developmental authority to 

construct and operate transmitters for the purpose of developing a new 

Public Mobile Service or a new technology not regularly authorized under 

this part, subject to the requirements of this section. Such 

applications may request the use of any portion of the spectrum 

allocated for Public Mobile Services in the Table of Frequency 

Allocations contained in part 2 of this chapter, regardless of whether 

that spectrum is regularly available under this part. Requests to use 

any portion of the spectrum for a service or purpose other than that 

indicated in the Table of Frequency Allocations in part 2 of this 

chapter may be made only in accordance with the provisions of part 5 of 

this chapter.



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    (a) Preliminary determination. The FCC will make a preliminary 

determination with respect to the factors in paragraphs (a)(1) through 

(a)(3) of this section before acting on an application for developmental 

authority pursuant to this section. These factors are:

    (1) That the public interest, convenience or necessity warrants 

consideration of the establishment of the proposed service or 

technology;

    (2) That the proposal appears to have potential value to the public 

that could warrant the establishment of the new service or technology;

    (3) That some operational data should be developed for consideration 

in any rule making proceeding which may be initiated to establish such 

service or technology.

    (b) Petition required. Applications for developmental authorizations 

pursuant to this section must be accompanied by a petition for rule 

making requesting the FCC to amend its rules as may be necessary to 

provide for the establishment of the proposed service or technology.

    (c) Application requirements. Authorizations for developmental 

authority pursuant to this section will be issued only upon a showing 

that the applicant has a definite program of research and development 

which has reasonable promise of substantial contribution to the services 

authorized by this part. The application must contain an exhibit 

demonstrating the applicant's technical qualifications to conduct the 

research and development program, including a description of the nature 

and extent of engineering facilities that the applicant has available 

for such purpose. Additionally, the FCC may, in its discretion, require 

a showing of financial qualification.

    (d) Communication service for hire prohibited. Stations authorized 

under developmental authorizations granted pursuant to this section must 

not be used to provide communication service for hire, unless otherwise 

specifically authorized by the FCC.

    (e) Adherence to program. Carriers granted developmental 

authorization pursuant to this section must substantially adhere to the 

program of research and development described in their application for 

developmental authorization, unless the FCC directs otherwise.

    (f) Report requirements. Upon completion of the program of research 

and development, or upon the expiration of the developmental 

authorization under which such program was permitted, or at such times 

during the term of the station authorization as the FCC may deem 

necessary to evaluate the progress of the developmental program, the 

licensee shall submit a comprehensive report, containing:

    (1) A description of the progress of the program and a detailed 

analysis of any result obtained;

    (2) Copies of any publications produced by the program;

    (3) A listing of any patents applied for, including copies of any 

patents issued;

    (4) Copies of any marketing surveys or other measures of potential 

public demand for the new service;

    (5) A description of the carrier's experiences with operational 

aspects of the program including--

    (i) The duration of transmissions on each channel or frequency range 

and the technical parameters of such transmissions; and,

    (ii) Any interference complaints received as a result of operation 

and how these complaints were investigated and resolved.

    (g) Confidentiality. Normally, applications and developmental 

reports are a part of the FCC's public records. However, an applicant or 

licensee may request that the FCC withhold from public records specific 

exhibits, reports and other material associated with a developmental 

authorization.

    (h) Renewal. Expiring developmental authorizations issued pursuant 

to this section may be renewed if the carrier--

    (1) Shows that further progress in the program of research and 

development requires additional time to operate under developmental 

authorization;

    (2) Complied with the reporting requirements of paragraph (f) of 

this section; and,

    (3) Immediately resolved to the FCC's satisfaction all complaints of 

interference caused by the station operating under developmental 

authority.



[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996]



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