[Title 47 CFR 5]
[Code of Federal Regulations (annual edition) - October 1, 2004 Edition]
[Title 47 - TELECOMMUNICATION]
[Chapter I - FEDERAL COMMUNICATIONS COMMISSION]
[Subchapter A - GENERAL]
[Part 5 - EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)]
[From the U.S. Government Printing Office]
47TELECOMMUNICATION12004-10-012004-10-01falseEXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)5PART 5TELECOMMUNICATIONFEDERAL COMMUNICATIONS COMMISSIONGENERAL
PART 5_EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)--Table of Contents
5.1 Basis and purpose.
5.3 Scope of service.
5.5 Definition of terms.
Subpart B_Applications and Licenses
5.51 Eligibility of license.
5.53 Station authorization required.
5.55 Filing of applications.
5.57 Who may sign applications.
5.59 Forms to be used.
5.61 Procedure for obtaining a special temporary authorization.
5.63 Supplementary statements required.
5.65 Defective applications.
5.67 Amendment or dismissal of applications.
5.69 Partial grants.
5.71 License period.
5.73 Experimental report.
5.75 Number of licenses required.
5.77 Change in equipment and emission characteristics.
5.79 Transfer and assignment of station authorization.
5.81 Discontinuance of station operation.
5.83 Cancellation provisions.
5.85 Frequencies and policy governing their assignment.
5.87 Frequencies for field strength surveys or equipment demonstrations.
5.89 School and student authorizations.
5.91 Notification of the National Radio Astronomy Observatory.
5.93 Limited market studies.
5.95 Informal objections.
Subpart C_Technical Standards and Operating Requirements
5.101 Frequency stability.
5.103 Types of emission.
5.105 Authorized bandwidth.
5.107 Transmitter control requirements.
5.109 Antenna and tower requirements.
5.111 General limitations on use.
5.113 Adherence to program of research.
5.115 Station identification.
5.117 Suspension of transmission required.
5.119 Posting station licenses.
5.121 Retention of station records.
5.123 Inspection of stations.
5.125 Authorized points of communication.
Authority: Secs. 4, 302, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 302, 303. Interpret or apply sec. 301, 48 Stat. 1081, as
amended; 47 U.S.C. 301.
Source: 63 FR 64202, Nov. 19, 1998, unless otherwise noted.
Sec. 5.1 Basis and purpose.
(a) The rules following in this part are promulgated pursuant to the
provisions of Title III of the Communications Act of 1934, as amended,
which vests authority in the Federal Communications Commission to
regulate radio transmissions and to issue licenses for radio stations.
(b) The purpose of this part is to prescribe the manner in which
parts of the radio frequency spectrum may be made available for
experimentation as defined and provided for in this part.
Sec. 5.3 Scope of service.
Stations operating in the Experimental Radio Service will be
permitted to conduct the following type of operations:
(a) Experimentations in scientific or technical radio research.
(b) Experimentations under contractual agreement with the United
States Government, or for export purposes.
(c) Communications essential to a research project.
(d) Technical demonstrations of equipment or techniques.
(e) Field strength surveys by persons not eligible for authorization
in any other service.
(f) Demonstration of equipment to prospective purchasers by persons
engaged in the business of selling radio equipment.
(g) Testing of equipment in connection with production or regulatory
approval of such equipment.
(h) Development of radio technique, equipment or engineering data
not related to an existing or proposed service, including field or
factory testing or calibration of equipment.
(i) Development of radio technique, equipment, operational data or
engineering data related to an existing or proposed radio service.
(j) Limited market studies.
(k) Types of experiments that are not specifically covered under
paragraphs (a) through (j) of this section will be considered upon
demonstration of need for such additional types of experiments.
[63 FR 64202, Nov. 19, 1998; 64 FR 43094, Aug. 9, 1999]
Sec. 5.5 Definition of terms.
For the purpose of this part, the following definitions shall be
applicable. For other definitions, refer to part 2 of this chapter
(Frequency Allocations and Radio Treaty Matters; General Rules and
Authorized frequency. The frequency assigned to a station by the
Commission and specified in the instrument of authorization.
Authorized power. The power assigned to a radio station by the
Commission and specified in the instrument of authorization.
Experimental radio service. A service in which radio waves are
employed for purposes of experimentation in the radio art or for
purposes of providing essential communications for research projects
that could not be conducted without the benefit of such communications.
Experimental station. A station utilizing radio waves in experiments
with a view to the development of science or technique.
Fixed service. A radiocommunication service between specified fixed
Fixed station. A station in the fixed service.
Harmful interference. Any radiation or induction that endangers the
functioning of a radionavigation or safety service, or obstructs or
repeatedly interrupts a radio service operating in accordance with the
Table of Frequency Allocations and other provisions of part 2 of this
Landing area. As defined by 49 U.S.C. 40102(a)(28) of the Civil
Aeronautics Act of 1938, as amended, any locality, either of land or
water, including airdromes and intermediate landing fields, that is
used, or intended to be used, for the landing and take-off of aircraft,
whether or not facilities are provided for the shelter, servicing, or
repair of aircraft, or for receiving or discharging passengers or cargo.
Land station. A station in the mobile service not intended for
operation while in motion.
Mobile service. A radiocommunication service between mobile and land
stations, or between mobile stations.
Mobile station. A station in a mobile service intended to be used
while in motion or during halts at unspecified points.
Person. An individual, partnership, association, joint stock
company, trust, or corporation.
Public correspondence. Any telecommunication that offices and
stations, by reason of their being at the disposal of the public, must
accept for transmission.
Radio service. An administrative subdivision of the field of
radiocommunication. In an engineering sense, the subdivisions may be
made according to the method of operation, as, for example, mobile
service and fixed service. In a regulatory sense, the subdivisions may
be descriptive of particular groups of licensees, as, for example, the
groups of persons licensed under this part.
Station authorization. Any license or special temporary
authorization issued by the Commission.
Subpart B_Applications and Licenses
Sec. 5.51 Eligibility of license.
(a) Authorizations for stations in the Experimental Radio Service
will be issued only to persons qualified to conduct experimentation
utilizing radio waves for scientific or technical operation data
directly related to a use of radio not provided by existing rules; or
for communications in connection with research projects when existing
communications facilities are inadequate.
(b) Applicants eligible for authorizations in an established
service, and seeking to develop operational data or techniques directed
toward the improvement or extension of that service shall file
applications and conduct such projects under the developmental rules of
the established service.
(c) A station license shall not be granted to or held by a foreign
government or a representative thereof.
Sec. 5.53 Station authorization required.
(a) No radio transmitter shall be operated in the Experimental Radio
Service except under and in accordance with a proper station
authorization granted by the Commission. However, construction of
proposed experimental satellite facilities may begin prior to
Commission grant of an authorization. Such construction will be entirely
at the applicant's risk and will not entitle the applicant to any
assurances that its proposed experiment will be subsequently approved or
regular services subsequently authorized. Additionally, the applicant
must notify the Commission's Office of Engineering and Technology in
writing that it plans to begin construction at its own risk.
(b) Persons desiring to install and operate radio transmitting
equipment under this part should first submit an application for a radio
station license in accordance with Sec. 5.59 of this part.
(c) If installation and/or operation of the equipment may
significantly impact the environment, see Sec. 1.1307 of this chapter,
an environmental assessment as defined in Sec. 1.1311 of this chapter
must be submitted with the application.
Sec. 5.55 Filing of applications.
(a) To assure that necessary information is supplied in a consistent
manner by all persons, standard forms are prescribed for use in
connection with the majority of applications and reports submitted for
Commission consideration. Standard numbered forms applicable to the
Experimental Radio Service are discussed in Sec. 5.59 and may be
accessed electronically at the Office of Engineering and Technology Web
site https://gullfoss2.fcc.gov/prod/oet/cf/els/index.cfm. If no standard
form is applicable, the informal application procedure outlined in Sec.
5.59(f) should be followed.
(b) Any application for radio station authorization shall be
submitted electronically through the Office of Engineering and
Technology Web site https://gullfoss2.fcc.gov/prod/oet/cf/els/index.cfm
effective January 1, 2004. Any correspondence relating thereto that
cannot be submitted electronically shall instead be submitted to the
Commission's Office of Engineering and Technology, Washington, DC 20554.
(Applications requiring fees as set forth in part 1, subpart G of this
chapter must be filed in accordance with Sec. 0.401(b) of this
(c) Each application for station authorization shall be specific and
complete with regard to station location, proposed equipment, power,
antenna height, and operating frequency; and other information required
by the application form and this part.
(d) Applications involving temporary operation: When an experimental
program is expected to last no more than six months, its operation shall
be considered temporary and the special temporary authorization
procedure outlined in Sec. 5.61 of this part shall apply.
[63 FR 64202, Nov. 19, 1998, as amended at 68 FR 59336, Oct. 15, 2003]
Sec. 5.57 Who may sign applications.
(a) Except as provided in paragraph (b) of this section,
applications, amendments thereto, and related statements of fact
required by the Commission shall be personally signed by the applicant,
if the applicant is an individual; by one of the partners, if the
applicant is a partnership; by an officer or duly authorized employee,
if the applicant is a corporation; or by a member who is an officer, if
the applicant is an unincorporated association. Applications,
amendments, and related statements of fact filed on behalf of eligible
government entities, such as states and territories of the United States
and political subdivisions thereof, the District of Columbia, and units
of local government, including incorporated municipalities, shall be
signed by such duly elected or appointed officials as may be competent
to do so under the laws of the applicable jurisdiction.
(b) Applications, amendments thereto, and related statements of fact
required by the Commission may be signed by the applicant's attorney in
case of the applicant's physical disability or of his/her absence from
the United States. The attorney shall in that event separately set forth
the reason why the application is not signed by the applicant. In
addition, if any matter is stated on the basis of the attorney's belief
only (rather than his/her knowledge), he/she shall separately set forth
reasons for believing that such statements are true.
(c) Only the original of applications, amendments, or related
statements of fact need be signed; copies may be conformed.
(d) Applications, amendments, and related statements of fact need
submitted under oath. Willful false statements made therein, however,
are punishable by fine and imprisonment, U.S. Code, title 18, Sec. 1001,
and by appropriate administrative sanctions, including revocation of
station license pursuant to sec. 312(a)(1) of the Communications Act of
1934, as amended.
(e) ``Signed,'' as used in this section, means an original
handwritten signature; however, the Office of Engineering and Technology
may allow signature by any symbol executed or adopted by the applicant
with the intent that such symbol be a signature, including symbols
formed by computer-generated electronic impulses.
Sec. 5.59 Forms to be used.
(a) Application for experimental radio license. Entities requesting
an experimental authorization must submit FCC Form 442 (application). A
single FCC Form 442 may be used for several radio components of an
experimental program, however, unrelated experimental programs should be
filed on separate applications.
(b) Application for modification of experimental license. An
application for modification of experimental authorization shall be
submitted on FCC Form 442. A blanket application may be submitted for
modification of a group of authorizations of the same class as long as
the scope of the modifications are specified in the application. The
individual authorizations covered by such an application shall be
clearly identified therein. However, application for modification to
change location of an experimental authorization shall be filed as a
(c) Application for renewal of experimental authorization.
Application for renewal of station license shall be submitted on FCC
Form 405. A blanket application may be submitted for renewal of a group
of station licenses in the same class in those cases in which the
renewal requested is in exact accordance with the terms of the existing
authorizations. The individual stations covered by such applications
shall be clearly identified thereon. Unless otherwise directed by the
Commission, each application for renewal of license shall be filed at
least 60 days prior to the expiration date of the license to be renewed.
(d) Application for consent to assign an experimental authorization.
Application on FCC Form 702 shall be submitted when the legal right to
control the use and operation of a station is to be transferred as a
result of a voluntary act (contract or other agreement) or an
involuntary act (death or legal disability) of the grantee of a station
authorization or by involuntary assignment of the physical property
constituting the station under a court decree in bankruptcy proceedings,
or other court order, or by operation of law in any other manner. Such
application must be accompanied by the FCC Form 442 of which only the
certification need be signed by the proposed assignee. No other
information is required to be submitted on this form.
(e) Application for consent to transfer control of Corporation
holding experimental authorization. Application for consent to transfer
control shall be submitted on FCC Form 703 whenever it is proposed to
change the control of a corporation holding a station authorization.
[63 FR 64202, Nov. 19, 1998; 64 FR 43095, Aug. 9, 1999]
Sec. 5.61 Procedure for obtaining a special temporary authorization.
(a) The Commission may issue a special temporary authorization under
this part in cases in which a need is shown for operation of a station
for six months or less, provided such operation is not in conflict with
the Commission's rules in this part. In cases in which an applicant sets
forth compelling reasons why a special temporary authorization must be
granted expeditiously, preference will be given to processing the
(b) Extensions of a special temporary authorization will be granted
provided that an application for a regular experimental license has been
filed at least 15 days prior to the expiration of the licensee's
temporary authority. When such an application is timely filed,
operations may continue in accordance with the other terms and
conditions of the temporary authority pending disposition of the
application, unless the
applicant is notified otherwise by the Commission.
(c) An application for special temporary authorization shall be
filed electronically through the Office of Engineering and Technology
Web site https://gullfoss2.fcc.gov/prod/oet/cf/els/index.cfm effective
January 1, 2004 and shall contain the following information:
(1) Name, address, phone number (also e-mail address and facsimile
number, if available) of the applicant.
(2) Description of why an STA is needed.
(3) Description of the operation to be conducted and its purpose.
(4) Time and dates of proposed operation.
(5) Class(es) of station (fixed, mobile, fixed and mobile) and call
sign of station (if applicable).
(6) Description of the location(s) and, if applicable, geographical
coordinates of the proposed operation.
(7) Equipment to be used, including name of manufacturer, model and
number of units.
(8) Frequency(ies) desired.
(9) Maximum effective radiated power (ERP) or equivalent
isotrophically radiated power (EIRP).
(10) Emission designator (see Sec. 2.201 of this chapter) or
describe emission (bandwidth, modulation, etc.)
(11) Overall height of antenna structure above the ground (if
greater than 6 meters above the ground or an existing structure, see
part 17 of this Chapter concerning notification to the FAA).
[63 FR 64202, Nov. 19, 1998; 64 FR 43095, Aug. 9, 1999, as amended at 68
FR 59336, Oct. 15, 2003]
Sec. 5.63 Supplementary statements required.
(a) Each applicant for an authorization in the Experimental Radio
Service must enclose with the application a narrative statement
describing in detail the program of research and experimentation
proposed, the specific objectives sought to be accomplished; and how the
program of experimentation has a reasonable promise of contribution to
the development, extension, or expansion, or utilization of the radio
art, or is along lines not already investigated. An applicant may
request non-disclosure of proprietary information submitted under this
part. These requests should follow the procedures for submission set
forth in Sec. 0.459 of this chapter.
(b) If the authorization is to be used for the purpose of fulfilling
the requirements of a contract with an agency of the United States
Government, the applicant shall submit a narrative statement describing
the project, the name of the contracting agency, and the contract
(c) If the authorization is to be used for the sole purpose of
developing equipment for exportation to be employed by stations under
the jurisdiction of a foreign government, the applicant shall submit a
narrative statement describing the project, any associated contract
number, and the name of the foreign government concerned.
(d) The provisions of paragraph (a) of this section shall not be
applicable to applications for an authorization in the Experimental
Radio Service to be used for communications essential to a research
project in which other means of communications are inadequate or not
available. In such cases, applicants shall include as part of the
application for an authorization the following:
(1) A description of the nature of the research project being
(2) A showing that communications facilities are necessary for the
research project involved.
(3) A showing that existing communications facilities are inadequate
Effective Date Note: At 69 FR 54586, Sept. 9, 2004, Sec. 5.63(e)
was added. This paragraph contains information collection and
recordkeeping requirements and will not become effective until approval
has been given by the Office of Management and Budget. For the
convenience of the user, the added text is set forth as follows:
Sec. 5.63 Supplementary statements required.
* * * * *
(e) Except where the satellite system has already been authorized by
the FCC, applicants for an experimental authorization involving a
satellite system must submit a description of the design and operational
strategies the satellite system will use to mitigate orbital debris,
including the following information:
(1) A statement that the space station operator has assessed and
limited the amount of debris released in a planned manner during normal
operations, and has assessed and limited the probability of the space
station becoming a source of debris by collisions with small debris or
meteoroids that could cause loss of control and prevent post-mission
(2) A statement that the space station operator has assessed and
limited the probability of accidental explosions during and after
completion of mission operations. This statement must include a
demonstration that debris generation will not result from the conversion
of energy sources on board the spacecraft into energy that fragments the
spacecraft. Energy sources include chemical, pressure, and kinetic
energy. This demonstration should address whether stored energy will be
removed at the spacecraft's end of life, by depleting residual fuel and
leaving all fuel line valves open, venting any pressurized system,
leaving all batteries in a permanent discharge state, and removing any
remaining source of stored energy, or through other equivalent
procedures specifically disclosed in the application;
(3) A statement that the space station operator has assessed and
limited the probability of the space station becoming a source of debris
by collisions with large debris or other operational space stations.
Where a space station will be launched into a low-Earth orbit that is
identical, or very similar, to an orbit used by other space stations,
the statement must include an analysis of the potential risk of
collision and a description of what measures the space station operator
plans to take to avoid in-orbit collisions. If the space station
operator is relying on coordination with another system, the statement
must indicate what steps have been taken to contact, and ascertain the
likelihood of successful coordination of physical operations with, the
other system. The statement must disclose the accuracy--if any--with
which orbital parameters of non-geostationary satellite orbit space
stations will be maintained, including apogee, perigee, inclination, and
the right ascension of the ascending node(s). In the event that a system
is not able to maintain orbital tolerances, i.e., it lacks a propulsion
system for orbital maintenance, that fact should be included in the
debris mitigation disclosure. Such systems must also indicate the
anticipated evolution over time of the orbit of the proposed satellite
or satellites. Where a space station requests the assignment of a
geostationary-Earth orbit location, it must assess whether there are any
known satellites located at, or reasonably expected to be located at,
the requested orbital location, or assigned in the vicinity of that
location, such that the station keeping volumes of the respective
satellites might overlap. If so, the statement must include a statement
as to the identities of those parties and the measures that will be
taken to prevent collisions;
(4) A statement detailing the post-mission disposal plans for the
space station at end of life, including the quantity of fuel--if any--
that will be reserved for post-mission disposal maneuvers. For
geostationary-Earth orbit space stations, the statement must disclose
the altitude selected for a post-mission disposal orbit and the
calculations that are used in deriving the disposal altitude. The
statement must also include a casualty risk assessment if planned post-
mission disposal involves atmospheric re-entry of the space station. In
general, an assessment should include an estimate as to whether portions
of the spacecraft will survive re-entry and reach the surface of the
Earth, as well as an estimate of the resulting probability of human
Sec. 5.65 Defective applications.
(a) Applications that are defective with respect to completeness of
answers to required questions, execution or other matters of a purely
formal character may not be received for filing by the Commission, and
may be returned to the applicant with a brief statement as to the
(b) If an applicant is requested by the Commission to file any
documents or information not included in the prescribed application
form, a failure to comply with such request will constitute a defect in
(c) Applications that are not in accordance with the Commission's
rules, regulations, or other requirements will be considered defective
unless accompanied either by:
(1) a petition to amend any rule, regulation, or requirement with
which the application is in conflict; or
(2) a request of the applicant for waiver of, or an exception to,
any rule, regulation, or requirement with which the application is in
conflict. Such request shall show the nature of the waiver or exception
desired and set forth the reasons in support thereof.
Sec. 5.67 Amendment or dismissal of applications.
(a) Any application may be amended or dismissed without prejudice
upon request of the applicant prior to the time the application is
granted. Each amendment to, or request for dismissal of an application
shall be signed, authenticated, and submitted in the same manner and
with the same number of copies as required for the original application.
All subsequent correspondence or other material that the applicant
desires to have incorporated as a part of an application already filed
shall be submitted in the form of an amendment to the application.
(b) Failure to prosecute an application, or failure to respond to
official correspondence or request for additional information, will be
cause for dismissal. Such dismissal will be without prejudice.
Sec. 5.69 Partial grants.
In cases in which the Commission grants an application in part, or
with any privileges, terms, or conditions other than those requested, or
subject to any interference that may result to a station if designated
application or applications are subsequently granted, the action of the
Commission shall be considered as a grant of such application unless the
applicant shall, within 30 days from the date on which such grant is
made or from its effective date if a later date is specified, file with
the Commission a written request rejecting the grant as made. Upon
receipt of such request, the Commission will coordinate with the
applicant in an attempt to resolve problems arising from the grant.
Sec. 5.71 License period.
(a) The regular license period for stations in the Experimental
Radio Service is either 2 or 5 years. An applicant desiring to apply for
a 5-year license must provide justification for its need for a license
of that duration. A license may be renewed upon an adequate showing of
(b) A license will not be granted for a period longer than that
which is required for completion of the experimental project. If such
period is estimated to be less than 2 years, or between 2-5 years, a
statement to that effect by the applicant may facilitate grant of the
application. See also Sec. 5.69 of this part.
Sec. 5.73 Experimental report.
(a) Unless specifically stated as a condition of the authorization,
licensees are not required to file a report on the results of the
experimental program carried on under this subpart.
(b) The Commission may, as a condition of authorization, request the
licensee to forward periodic reports in order to evaluate the progress
of the experimental program.
(c) An applicant may request that the Commission withhold from the
public certain reports and associated material and the Commission will
do so unless the public interest requires otherwise. These requests
should follow the procedures for submission set forth in Sec. 0.459 of
Sec. 5.75 Number of licenses required.
An application for a station embracing widely divergent and
unrelated experimentations will normally require a separate license for
each experiment. However, if the experiments are related or conducted by
the same manufacturer, an applicant may apply for a blanket license
encompassing the entire experimental program. If a blanket license is
granted, licensees will be required to notify the Commission of the
specific details of each individual experiment, including location,
number of base and mobile units, power, emission designator, and any
other pertinent technical information not specified by the blanket
Sec. 5.77 Change in equipment and emission characteristics.
(a) A change may be made in a licensed transmitter without specific
authorization from the Commission provided that the change does not
result in operations inconsistent with any term of the outstanding
authorization for the station involved.
(b) Discrete changes in emission characteristics may be made without
specific authorization from the Commission provided that the Commission
is given written notification demonstrating that such changes will not
exceed the maximum emissions envelope established in the existing
authorization. Changes made pursuant to such notification that become a
permanent part of the licensee's experimental program must be listed in
the licensee's next application for renewal.
(c) Prior authorization from the Commission is required before the
following antenna changes may be made at a station at a fixed location:
(1) Any change that will either increase the height of a structure
supporting the radiating portion of the antenna or decrease the height
of a lighted antenna structure.
(2) Any change in the location of an antenna when such relocation
involves a change in the geographic coordinates of latitude or longitude
by as much as one second, or when such relocation involves a change in
Sec. 5.79 Transfer and assignment of station authorization.
A station authorization, the frequencies authorized to be used by
the grantee of such authorization, and the rights therein granted by
such authorization shall not be transferred, assigned, or in any manner
either voluntarily or involuntarily disposed of, unless the Commission
shall, after securing full information, decide that such a transfer is
in the public interest and give its consent in writing. Requests for
authority to transfer or assign a station authorization shall be
submitted on the forms prescribed by Sec. 5.59 of this part.
Sec. 5.81 Discontinuance of station operation.
In case of permanent discontinuance of operation of a fixed or land
station in the Experimental Radio Service, or in case of permanent
discontinuance of operation of all transmitter units listed in the
license for a mobile station in the Experimental Radio Service, the
licensee shall forward the station license to the Commission's Office of
Engineering and Technology for cancellation.
Sec. 5.83 Cancellation provisions.
The applicant for a station in the Experimental Radio Services
accepts the license with the express understanding: (a) that the
authority to use the frequency or frequencies assigned is granted upon
an experimental basis only and does not confer any right to conduct an
activity of a continuing nature; and
(b) that said grant is subject to change or cancellation by the
Commission at any time without hearing if in its discretion the need for
such action arises. However, a petition for reconsideration or
application for review may be filed to such Commission action.
Sec. 5.85 Frequencies and policy governing their assignment.
(a) Stations operating in the Experimental Radio Service may be
authorized to use any government or non-government frequency designated
in the Table of Frequency Allocations set forth in part 2 of this
chapter, provided that the need for the frequency requested is fully
justified by the applicant.
(b) Each frequency or band of frequencies available for assignment
to stations in the Experimental Radio Service is available on a shared
basis only, and will not be assigned for the exclusive use of any one
applicant, and such use may also be restricted to one or more specified
geographical areas. Not more than one frequency in a band of frequencies
will normally be assigned for the use of a single applicant unless a
showing is made demonstrating that need for the assignment of additional
frequencies is essential to the proposed program of experimentation.
(c) Frequency assignments will be made only on the condition that
harmful interference will not be caused to any station operating in
accordance with the Table of Frequency Allocation of part 2 of this
(d) Use of Public Safety Frequencies. Applicants in the Experimental
Radio Service must avoid use of public safety frequencies except when a
compelling showing can be made that use of such frequencies is in the
public interest. Public safety frequencies are identified in subpart B
(Public Safety Radio Services) and subpart C (Special Emergency Radio
Service) of part 90 of this Chapter. In addition, subpart S of part 90
this chapter contains rules for the assignment of frequencies that may
be used by Public Safety Radio Services in the 806-824 MHz and 851-869
MHz bands. If an experimental license to use public safety radio
frequencies is granted, the authorization will be conditioned to require
coordination between the experimental licensee and the appropriate
frequency coordinator and/or all of the public safety licensees in its
intended area of operation.
(e) The Commission may, at its discretion, condition any
experimental license or STA on the requirement that before commencing
operation, the new licensee coordinate its proposed facility with other
licensees that may receive interference as a result of the new
(f) Protection of FCC monitoring stations. (1) Applicants are
advised to give consideration, prior to filing applications, to the need
to protect FCC monitoring stations from harmful interference.
Geographical coordinates of such stations are listed in Sec. 0.121(b)
of this chapter. Applications for stations (except mobile stations) that
will produce on any frequency a direct wave fundamental field strength
of greater than 10 mV/m in the authorized bandwidth of service (-65.8
dBW/m 2 power flux density assuming a free space
characteristic impedance of 120[pi] ohms) at the referenced coordinates,
may be examined to determine the extent of possible interference.
Depending on the theoretical field strength value or other ambient radio
field signal levels at the indicated coordinates, a clause protecting
the monitoring station may be added to the station authorization.
(2) In the event that calculated value of expected field strength
exceeds 10 mV/m (-65.8 dBW/m 2) at the reference coordinates,
or if there is any question whether field strength levels might exceed
the threshold value, advance consultation with the FCC to discuss any
protection necessary should be considered. Prospective applicants may
communicate with the Technology Division, Compliance and Information
Bureau, telephone (202) 418-1210, Federal Communications Commission,
Washington, DC 20554.
(3) Advance consultation is suggested particularly for those
applicants who have no reliable data that indicates whether the field
strength or power flux density figure indicated would be exceeded by
their proposed radio facilities (except mobile stations). In such
instances, the following is a suggested guide for determining whether an
applicant should coordinate:
(i) All stations within 2.4 kilometers (1.5 statute miles);
(ii) Stations within 4.8 kilometers (3 statute miles) with 50 watts
or more average ERP in the primary plane of polarization in the
azimuthal direction of the Monitoring Station;
(iii) Stations within 16 kilometers (10 statute miles) with 1 kW or
more average ERP in the primary plane of polarization in the azimuthal
direction of the Monitoring Station;
(iv) Stations within 80 kilometers (50 statute miles) with 25 kW or
more average ERP in the primary plane of polarization in the azimuthal
direction of the Monitoring Station.
(4) Advance coordination for stations operating above 1000 MHz is
recommended only where the proposed station is in the vicinity of a
monitoring station designated as a satellite monitoring facility in
Sec. 0.121(c) of this Chapter and also meets the criteria outlined in
paragraphs (d) (2) and (3) of this section.
(5) The Commission will not screen applications to determine whether
advance consultation has taken place. However, applicants are advised
that such consultation can avoid objections from the Commission.
Sec. 5.87 Frequencies for field strength surveys or equipment demonstrations.
(a) Authorizations issued under Sec. Sec. 5.3 (e) and (f) of this
part will normally not have specific frequencies designated in a station
license. Prior to the commencement of a survey or demonstration, the
licensee will request a specific frequency assignment and submit the
(1) Time, date and duration of survey.
(2) Frequency to be used.
(3) Location of transmitter and geographical area to be covered.
(4) Purpose of survey.
(5) Method and equipment to be used.
(6) Names and addresses of persons for whom the survey is conducted.
Sec. 5.89 School and student authorizations.
The Commission may issue an authorization to schools or students for
the purpose of presenting experiments or technical demonstrations for
school or school approved projects that require the use of radio for a
limited period of time. Such authorizations may be granted at the
discretion of the Commission.
(a) An application for a school or student authorization may be
filed in letter form and must comply with the provisions of Sec. 5.63,
of this part except where specified below. The application must be
accompanied by a signed statement from a member of faculty of the
school, on appropriate letterhead, indicating the person under whose
general supervision the project will be conducted. In the case of
student authorizations, the letter must state that the project has the
approval of the school.
(b) Frequencies in the following bands are available for assignment
in authorizations issued under this section:
(c) Operations under this section are limited to 4 watts equivalent
isotropically radiated power (EIRP). The Commission may authorize a
greater power if a satisfactory showing is made that such greater power
is necessary and that appropriate measures will be taken to prevent
(d) The frequency of operation must be measured or checked prior to
each time of operation.
(e) Subject to the provisions of (b), (c) and (d), the provisions in
subpart C of this part are waived insofar as such provisions require a
station authorized under this section to observe the technical and
operating restrictions set forth therein.
(f) The licensee holding an authorization issued under this section
shall maintain a record of operation containing the following
(1) A brief description of the experimentation being conducted.
(2) The date and time of each period of operation.
(3) The frequency of operation as measured or checked at the
beginning of each period of operation.
(g) The record of operation shall be retained for one month after
the termination of the authorization.
[63 FR 64202, Nov. 19, 1998; 64 FR 43095, Aug. 9, 1999]
Sec. 5.91 Notification of the National Radio Astronomy Observatory.
In order to minimize possible harmful interference at the National
Radio Astronomy Observatory site located at Green Bank, Pocahontas
County, West Virginia, and at the Naval Radio Research Observatory site
at Sugar Grove, Pendleton County, West Virginia, any applicant for a
station authorization other than mobile, temporary base, temporary
fixed, Personal Radio, Civil Air Patrol, or Amateur seeking a station
license for a new station, or a construction permit to construct a new
station or to modify an existing station license in a manner that would
change either the frequency, power, antenna height or directivity, or
location of such a station within the area bounded by 39 deg. 15[min] N
on the north, 78 deg. 30[min] W on the east, 37 deg. 30[min] N on the
south and 80 deg. 30[min] W on the west shall, at the time of filing
such application with the Commission, simultaneously notify the
Director, National Radio Astronomy Observatory, P.O. Box NZ2, Green
Bank, West Virginia, 24944, in writing, of the technical particulars of
the proposed station. Such notification shall include the geographical
coordinates of the antenna, antenna height, antenna directivity if any,
frequency, type of emission, and power. In addition, the applicant shall
indicate in its application to the Commission the date notification was
made to the Observatory. After receipt of such applications, the
Commission will allow a period of twenty (20) days for comments or
objections in response to the notifications indicated. If an objection
to the proposed operation
is received during the twenty-day period from the National Radio
Astronomy Observatory for itself or on behalf of the Naval Radio
Research Observatory, the Commission will consider all aspects of the
problem and take whatever action is deemed appropriate.
Sec. 5.93 Limited market studies.
Unless otherwise stated in the instrument of authorization, licenses
granted for the purpose of limited market studies pursuant to Sec.
5.3(j) of this part are subject to the following conditions:
(a) All transmitting and/or receiving equipment used in the study
shall be owned by the licensee.
(b) The licensee is responsible for informing anyone participating
in the experiment that the service or device is granted under an
experimental authorization and is strictly temporary.
(c) The size and scope of the experiment are subject to limitations
as the Commission shall establish on a case-by-case basis. If the
Commission subsequently determines that a market study is not so
limited, the study shall be immediately terminated.
Sec. 5.95 Informal objections.
A person or entity desiring to object to or to oppose an
Experimental Radio application for a station license or authorization
may file an informal objection against that application. The informal
objection and any responsive pleadings shall comply with the
requirements set forth in Sec. Sec. 1.41 through 1.52 of this chapter.
[68 FR 59336, Oct. 15, 2003]
Subpart C_ Technical Standards and Operating Requirements
Sec. 5.101 Frequency stability.
An applicant must propose to use a frequency tolerance that would
confine emissions within the band of operation, unless permission is
granted to use a greater frequency tolerance. Equipment is presumed to
operate over the temperature range -20 to +50 degrees celsius with an
input voltage variation of 85% to 115% of rated input voltage, unless
justification is presented to demonstrate otherwise.
Sec. 5.103 Types of emission.
Stations in the Experimental Radio Service may be authorized to use
any of the classifications of emissions covered in part 2 of this
Sec. 5.105 Authorized bandwidth.
Each authorization issued to a station operating in this service
will show, as the prefix to the emission classification, a figure
specifying the maximum necessary bandwidth for the emission used. The
authorized bandwidth is considered to be the occupied or necessary
bandwidth, whichever is greater. This bandwidth should be determined in
accordance with Sec. 2.202 of this chapter.
[63 FR 64202, Nov. 19, 1998; 64 FR 43095, Aug. 9, 1999]
Sec. 5.107 Transmitter control requirements.
Each licensee shall be responsible for maintaining control of the
transmitter authorized under its station authorization. This includes
both ensuring that transmissions are in conformance with the operating
characteristics prescribed in the station authorization and that the
station is operated only by persons duly authorized by the licensee.
Sec. 5.109 Antenna and tower requirements.
(a) Applicants with fixed stations that use antennas that exceed 6
meters in height above the ground level or more than 6 meters in height
above an existing building must comply with the requirements of part 17
of this chapter.
(b) The licensee of any radio station that has an antenna structure
required to be painted and illuminated pursuant to the provisions of
section 303(q) of the Communications Act of 1934, as amended, and part
17 of this chapter, shall perform the inspections and maintain the tower
marking and lighting, and associated control equipment, in accordance
with the requirements of part 17, subpart C, of this chapter.
[63 FR 64202, Nov. 19, 1998; 64 FR 43095, Aug. 9, 1999]
Sec. 5.111 General limitations on use.
(a) The following transmission limitations are applicable to all
classes of stations in the Experimental Radio Service:
(1) Stations may make only such transmissions as are necessary and
directly related to the conduct of the licensee's stated program of
experimentation as specified in the application for license and the
related station instrument of authorization, and as governed by the
provisions of the rules and regulations contained in this part. All
transmissions shall be limited to the minimum practical transmission
(2) When transmitting, the licensee must use every precaution to
ensure that the radio frequency energy emitted will not cause harmful
interference to the services carried on by stations operating in
accordance with the Table of Frequency Allocations of part 2 of this
chapter and, further, that the power radiated is reduced to the lowest
practical value consistent with the program of experimentation for which
the station authorization is granted. If harmful interference to an
established radio service develops, the licensee shall cease
transmissions and such transmissions shall not be resumed until it is
certain that harmful interference will not be caused.
(b) If experimental stations are to be used to retransmit signals of
any other station or to render any communications service to third
parties, a full disclosure of this must be made in the application for
Sec. 5.113 Adherence to program of research.
(a) The program of experimentation as stated by an applicant in its
application for license or in the station instrument of authorization,
shall be substantially adhered to unless the licensee is authorized to
do otherwise by the Commission.
(b) Where some phases of the experimental program are not covered by
the general rules of the Commission or by the rules of this part, the
Commission may specify supplemental or additional requirements or
conditions in each case as deemed necessary in the public interest,
convenience, or necessity.
Sec. 5.115 Station identification.
Each class of station in the experimental services shall, unless
specifically exempted by the terms of the station authorization,
transmit its assigned call sign at the end of each complete
transmission: Provided, however, that the transmission of the call sign
at the end of each transmission is not required for projects requiring
continuous, frequent, or extended use of the transmitting apparatus, if,
during such periods and in connection with such use, the call sign is
transmitted at least once every thirty minutes. The station
identification shall be transmitted in clear voice or Morse code. All
digital encoding and digital modulation shall be disabled during station
Sec. 5.117 Suspension of transmission required.
The radiations of the transmitter shall be suspended immediately
upon detection or notification of a deviation from the technical
requirements of the station authorization until such deviation is
corrected, except for transmissions concerning the immediate safety of
life or property, in which case the transmissions shall be suspended as
soon as the emergency is terminated.
Sec. 5.119 Posting station licenses.
The current original authorization for each station shall be
retained as a permanent part of the station records but need not be
Sec. 5.121 Retention of station records.
Records required to be kept by this part shall be retained for a
period of at least one year.
Sec. 5.123 Inspection of stations.
All stations and records of stations in the Experimental Radio
Service shall be made available for inspection at any time while the
station is in operation or shall be made available for inspection upon
reasonable request of an authorized representative of the Commission.
Sec. 5.125 Authorized points of communication.
Generally, stations in the Experimental Radio Service may
communicate only with other stations licensed in the Experimental Radio
Service. Nevertheless, upon a satisfactory showing that the proposed
communications are essential to the conduct of the research project,
authority may be granted to communicate with stations in other services
and U.S. Government stations.