[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




                            Subpart A_General

Sec.
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.



                            Subpart A_General



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]

[[Page 699]]



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 
Regulations).
    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 
points.
    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 
chapter.
    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

[[Page 700]]

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 
chapter.)
    (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 
not be

[[Page 701]]

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 
separate application.
    (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 
application.
    (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

[[Page 702]]

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 
number.
    (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 
conducted.
    (2) A showing that communications facilities are necessary for the 
research project involved.
    (3) A showing that existing communications facilities are inadequate 
or unavailable.

    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.

                                * * * * *

[[Page 703]]

    (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 
disposal;
    (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 
casualty.



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 
omissions.
    (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 
the application.
    (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.

[[Page 704]]



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 
need.
    (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 
this chapter.



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 
license.



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

[[Page 705]]

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 
street address.



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 
chapter.
    (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 
of

[[Page 706]]

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 
licensee's operations.
    (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 
following information:
    (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.

[[Page 707]]

    (6) Names and addresses of persons for whom the survey is conducted.
    (b) [Reserved]



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:

27.23-27.28 MHz.
460-461 MHz.
462.525-467.475 MHz.
2402-2483.5 MHz.
10.00-10.50 GHz.

    (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 
interference.
    (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 
information:
    (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

[[Page 708]]

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 
chapter.



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]

[[Page 709]]



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 
time.
    (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 
license.



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 
identification.



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 
posted.



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.

[[Page 710]]



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.