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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Biennial Regulatory Review -- Amendment of ) Parts 0, 1, 13, 22, 24, 26, 27, 80, ) WT Docket No. 98-20 87, 90, 95, 97, and 101 of the Commission's Rules) to Facilitate the Development and Use of the) Universal Licensing System in the Wireless) Telecommunications Services ) NOTICE OF PROPOSED RULEMAKING Adopted: February 19, 1998 Released: March 18, 1998 By the Commission: Comments Due: May 7, 1998 Reply Comments Due: May 22, 1998 TABLE OF CONTENTS Paragraph no. I. INTRODUCTION and BACKGROUND. . . . . . . . . . . . . . . . . . . . .1 II. EXECUTIVE SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . 11 III. DISCUSSION A. Electronic Filing and New Forms 1. Consolidation of Application Forms . . . . . . . . . . 15 2. Mandatory Electronic Filing . . . . . . . . . . . . . 19 3. Copy and Microfiche Requirements . . . . . . . . . . . 24 4. Filing of Pleadings Associated with Applications . . . 26 5. Letter Requests. . . . . . . . . . . . . . . . . . . . 28 B. Standardization of Practices and Procedures for WTB Applications and Authorizations 1. Overview -- Consolidation of Procedural Rules in Part 130 2. Standardization of Major and Minor Filing Rules. . . . 34 3. Submission of Ownership Information. . . . . . . . . . 42 4. Frequency Coordination of Amendment and Modification Applications49 5. Returns and Dismissals of Incomplete or Defective Applications51 6. Discontinuation of "Reinstatement" Applications. . . . 55 7. Construction and Coverage Verification . . . . . . . . 59 8. Assignments of Authorization and Transfers of Control. 63 9. Change to North American Datum 83 Coordinate Data. . . 69 10. Use of Taxpayer Identification Numbers . . . . . . . . 71 C. Collection of Licensing and Technical Data 1. Overview . . . . . . . . . . . . . . . . . . . . . . . 76 2. Use of Notification or Certification in Lieu of Informational Filings80 3. Public Mobile Radio Service Data Requirements. . . . . 82 4. Fixed Microwave Service Data Requirements. . . . . . . 84 5. Maritime and Aviation Services Data Requirements . . . 85 6. Commercial Radio Operator License Data Requirements. . 88 7. Amateur Radio Services . . . . . . . . . . . . . . . . 91 8. General Mobile Radio Service . . . . . . . . . . . . . 93 IV. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 V. PROCEDURAL MATTERS A. Initial Regulatory Flexibility Analysis. . . . . . . . . . . 96 B. Ex Parte Rules - Non-Restricted Proceedings. . . . . . . . . 97 C. Comment Dates. . . . . . . . . . . . . . . . . . . . . . . . 98 D. Initial Paperwork Reduction Act of 1995 Analysis . . . . . .101 E. Ordering Clauses . . . . . . . . . . . . . . . . . . . . . .102 F. Further Information. . . . . . . . . . . . . . . . . . . . .104 Appendix A Proposed Forms Appendices B - N Proposed Rules Appendix O Proposed Consolidated Part 1 Rules Appendix P Initial Regulatory Flexibility Analysis I. INTRODUCTION 1. In this Notice of Proposed Rulemaking (NPRM), we propose to consolidate, revise, and streamline our rules governing application procedures for radio services licensed by the Wireless Telecommunications Bureau (WTB or Bureau). These proposed rule changes are designed in part to facilitate our implementation of the Universal Licensing System (ULS), the Commission's new integrated licensing database for wireless services that will become fully operational later this year. In addition, as part of our 1998 biennial review of regulations, we are initiating this proceeding to streamline our wireless licensing rules by eliminating regulations that are duplicative, outmoded, or otherwise unnecessary. 2. The development of ULS represents a major breakthrough in the Commission's use of state-of-the-art technology in support of its regulatory functions. Until now, wireless applicants and licensees have been required to use a myriad of forms for various wireless services and types of requests, and the information provided on these applications has been collected in eleven separate databases, each for a different group of services. This service-specific approach to application and licensing causes a significant waste of time and resources on the part of applicants and licensees, who must often file duplicative information in different databases following varying procedures. The maintenance of multiple databases also impedes the Commission's ability to carry out its licensing responsibilities efficiently. In addition, the patchwork nature of our existing databases impedes the public's access to licensing information, because the information is scattered and frequently not available in an easily usable form. 3. The integrated ULS database now in development addresses these problems in several ways. First, this database will replace the eleven separate licensing databases previously in use in the Wireless Telecommunications Bureau. Thus, it will provide a single technological platform for information collection from wireless licensees and applicants, eliminating the need for wireless carriers to file duplicative applications, and increasing the accuracy and reliability of licensing information. ULS will also enable all wireless applicants and licensees for the first time to file all licensing-related applications and other filings electronically, thus increasing the speed and efficiency of the application process. 4. ULS will also make licensing information more accessible and more usable by Commission staff in carrying out our regulatory responsibilities. For example, ULS will greatly enhance our ability to collect reliable and accurate information on such issues as licensee ownership, including information regarding entities holding major ownership interests in licenses, and affiliated entities such as parents and subsidiaries of licensees. This will enable the Commission staff to monitor spectrum use and competitive conditions in the wireless marketplace more easily and will promote more effective implementation of our spectrum management policies. 5. Finally, ULS will enhance the availability of licensing information to the public, which will for the first time be able to access all wireless licensing data on-line by dialing into the Commission's wide area network (WAN) and using any World Wide Web (WWW) browser. ULS will also provide information in more usable form than our prior licensing systems, e.g., by allowing the public to generate and download maps showing licensing areas and service providers. These changes will benefit not only Commission licensees, but also members of the public that have historically had little or no access to such information. In addition, the cost of filing applications or obtaining information will be reduced. License applicants will be charged normal filing fees for filing applications under ULS, but will save time and resources by filing electronically. For other uses of ULS, e.g., persons seeking to retrieve licensing or mapping information, the Commission will charge for on-line access, but these charges will be limited to the amount necessary solely to recover the Commission's costs of maintaining ULS, including the cost of protecting the security of the system from outside tampering. We anticipate that when ULS is fully operational, it will be possible to reduce these charges because the cost can be spread among a larger number of users. In any event, we expect that the amount charged to obtain information through ULS will generally be less than the current cost of obtaining copies of Commission records manually from ITS (the Commission's copy contractor) or the Commission's public reference rooms. In addition, Commission orders, public notices, and other releases will be available on the Internet without charge by the Commission. 6. We also note that ULS will provide greater access to persons with disabilities. ULS will incorporate several features that will enable persons with disabilities to use the electronic filing and public access functions. The technical support hotline will have Text Telephone capabilities for the hearing impaired. In addition, the system will allow sight impaired individuals access to Interactive Voice Response Technology. This will allow applicants to determine the status of pending license applications through a touch tone phone. 7. To fully implement ULS for all wireless radio services, we must make certain conforming changes to our wireless licensing rules to reflect new electronic filing procedures, new electronic forms, and other technical changes in the licensing process. However, we believe the development of ULS provides us with an opportunity to simplify and streamline our rules in other ways as well. Thus, we propose in this proceeding to consolidate our wireless radio services licensing rules in a single section of Part 1, to the extent practicable, and to eliminate dozens of corresponding duplicative rules in other service-specific rule parts. This step alone will greatly reduce the administrative burden on applicants and licensees during the course of the licensing process. 8. In addition, as noted above, we are initiating this proceeding as part of our 1998 biennial review of regulations pursuant to section 11 of the Communications Act of 1934, as amended, (Communications Act). Section 11 requires us to review all of our regulations applicable to providers of telecommunications services and determine whether any rule is no longer in the public interest as the result of meaningful economic competition between providers of telecommunications service. As part of our biennial review of regulations required under section 11 we believe it is appropriate to review our regulations related to licensing of wireless radio services to determine which regulations can be streamlined or eliminated in light of increased telecommunications competition in the wireless marketplace. Our goal in this proceeding is therefore to establish a simplified set of rules that (1) minimizes filing requirements as much as possible; (2) eliminates redundant, inconsistent, or unnecessary submission requirements; and (3) assures ongoing collection of reliable licensing and ownership data. Accordingly, we propose in this NPRM to revise our regulations to efficiently collect from wireless radio services applicants and licensees only the data necessary to carry out our statutory spectrum management and compliance responsibilities. 9. Finally, we note that this is only one of a number of proceedings that we are initiating to streamline our rules and to take advantage of new technology to perform our regulatory functions more efficiently. For example, in our proceeding on Improving the Commission's Processes, we have sought comment on numerous changes to our rules that would eliminate unnecessary filing and reporting requirements. Similarly, we recently initiated a proceeding proposing to establish electronic filing of comments in rulemaking proceedings. We also anticipate that our proposals for improving wireless licensing through ULS may lead to similar initiatives with respect to non-wireless services and other Commission functions. 10. In this proceeding, we are guided by the principles of (1) furthering competition in the telecommunications industry; (2) ensuring that all communities have real and effective access to telecommunications technology; and (3) drafting clear and concise rules that provide for fair, efficient, and consistent regulation of wireless radio services. Accordingly, we seek to: (1) facilitate the development of electronic filing in general; (2) require, where appropriate, applicants for wireless radio services licenses to file applications and notifications electronically; (3) streamline licensing processes and procedures; and (4) conform application and filing rules for all wireless radio services so that similarly situated applicants and licensees are treated equally. II. EXECUTIVE SUMMARY 11. The proposals in this NPRM consolidate our rules governing application processes and procedures for wireless radio services within Part 1 of the Commission s rules, while eliminating a vast number of duplicative rules and regulations in other parts of the Code of Federal Regulations. The proposed rules are listed by rule part in Appendices B through N of this NPRM. Through this proposed consolidation of application and filing requirements, numerous unnecessary and repetitive rules and regulations would be deleted. In addition, applicants and licensees will be able to refer to a single section of the Commission s rules to ascertain all wireless radio services application requirements. 12. We contemplate that some of the application and service rules we propose to consolidate may be subject to further revision in future proceedings as a result of the Balanced Budget Act of 1997. The Balanced Budget Act expanded the Commission's authority to auction mutually exclusive applications for an initial license. In addition, in our rulemaking proceeding involving the "refarming" of some wireless spectrum, we have proposed that certain services formerly licensed on a non-exclusive basis be licensed on an exclusive basis. Accordingly, any future rules, including ULS procedural rules, developed as a result of these factors will be revisited on a service-by-service basis in the future. 13. We note that many of the rule changes proposed in this NPRM are merely procedural in nature. Section 553(b)(3)(A) of the Administrative Procedures Act provides an exception from notice and comment requirements for procedural rules. However, as a result of the development of the ULS, we are proposing fundamental and extensive changes to the way we receive and process applications. The changes needed to introduce the new universal licensing forms, to require electronic filing of most applications, and to effectuate the automatic processing of licenses are so extensive that we seek public comment on the full impact these changes may have on licensees and the public. Accordingly, we provide notice and seek comment because we propose to change the data collection and management mechanisms, use the Universal Database to prepare, analyze, and report statistics, and use these proposals to form the basis for future rulemakings, compliance actions, and other Commission initiatives. 14. In this NPRM, we seek comment on the following issues:  replacing over 40 existing wireless application forms with five new forms (FCC Forms 601 through 605);  consolidating the procedural rules relating to applications contained in each set of service-specific rules (Parts 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101) into a single set of rules in Part 1, updating references to FCC form numbers throughout our rules, and consolidating long-form application requirements for auction participants;  requiring applicants and licensees in most wireless radio services to file applications and other documents electronically using ULS;  providing for electronic or manual filing, using ULS forms, of routine requests regarding applications (e.g., change of address, change of contact, change of telephone number), and eliminating the use of letter requests for these purposes except in emergencies;  streamlining WTB authorization and application processing, including: cancellations and terminations of authorizations, amendments to pending applications, modifications to existing authorizations, reinstatements of terminated or cancelled authorizations, and construction and coverage notification requirements;  consolidating, and in some cases revising, the rules that determine whether a change to a pending application or existing authorization is major or minor;  conforming return and dismissal procedures for defective or incomplete applications;  standardizing the collection of ownership information from wireless radio services licensees;  requiring the submission of a Taxpayer Identification Number (TIN) or its functional equivalent by applicants and licensees using ULS, consistent with the requirements of the Debt Collection Improvement Act of 1996; and  eliminating unnecessary or duplicative filing requirements (e.g., submission of antenna information in the Public Land Mobile Service, equipment information in the Fixed Microwave Service, showings of coordination and Coast Guard and/or Federal Aviation approvals in the Maritime and Aviation Services, and technical data in the General Mobile Radio Service.) III. DISCUSSION A. Electronic Filing and New Forms 1. Consolidation of Application Forms 15. Background. Presently there are over 40 different forms used in the WTB application and licensing process. This myriad of forms can create substantial confusion for applicants. WTB devotes significant resources to providing the appropriate forms to the public and advising applicants of the appropriate form required for their particular business purpose. 16. Discussion. We propose to consolidate the current 41 forms into five new forms that have been developed specifically for ULS: FCC Forms 601, 602, 603, 604, and 605. We have already obtained OMB approval to use FCC Forms 601 through 604 in conjunction with auctionable services. We are seeking OMB approval to modify these forms for use more generally for all wireless radio services. In this connection, we believe it is appropriate to seek comment on any additional modifications to the proposed forms.  FCC Form 601 (FCC Application for Wireless Telecommunications Bureau Radio Service Authorization) will replace the Form 600, and will be used by the majority of applicants to file initial license applications, as well as filings for modification, renewal, special temporary authority, or other routine applications.  FCC Form 602 (Wireless Telecommunications Bureau Ownership Form) will be used to submit initial and updated ownership information for those wireless radio services that require the submission of such information.  FCC Form 603 (Application for Assignment of Authorization) will be used for requesting approval of assignment of licenses, including partitioning and disaggregation requests.  FCC Form 604 (Application for Transfer of Control) will be used to request approval of transfers of control of licensees.  FCC Short Form 605 (Short-Form Application for Authorization in the Ship, Aircraft, Amateur, Restricted, and General Mobile Radio Services, as well as for Commercial Radio Operator Licenses) will be used as a short-form application for applicants who are not presently required to submit extensive technical data to receive a license, such as General Mobile Radio Service, Amateurs, Ships, Aircraft, and Commercial Radio Operators. 17. When winning bidders file their long-form applications after the completion of an auction, our rules require the submission of individual applications for each geographic area license won. This requirement has been waived for a number of auction winners who filed electronically because our current electronic filing system allows processing of an applicant's multiple license applications through a single form. We tentatively conclude that elimination of the separate long-form filing requirement will expedite the post-auction licensing process and eliminate substantial administrative burdens for both the public and the Commission. With the advent of ULS and electronic filing of long-form applications after the completion of an auction, the filing of individual applications for each license won at auction is unnecessary. We propose, therefore, to permit parties to routinely file a single application to authorize all licenses won by them in a single auction. We seek comment on this tentative conclusion and proposal. 18. We seek comment on each of these forms and on any possible modifications commenters may wish to suggest. We also note that we do not propose to eliminate use of the auction short-form application (FCC Form 175) or our antenna registration form (FCC Form 854). These forms are used by licensees in other Bureaus and are not exclusively WTB forms; therefore, we will continue to use these forms for the wireless radio services. We note that this rulemaking proceeding does not add, delete, or modify any regulatory or filing fee assessed for certain licensing and application processes. Fee issues will be considered by the Office of Managing Director in conjunction with its periodic review of such fees. 2. Mandatory Electronic Filing 19. Background. While we have previously implemented electronic filing for many wireless radio services, ULS gives us the capability to accept electronically filed applications in all wireless radio services. The percentage of electronically filed applications has increased over the past few years. In general, we have not made electronic filing of applications mandatory in the wireless radio services. Nevertheless, our policies have consistently encouraged electronic filing, and we have stated our intent to minimize the number of applications that are filed and processed manually. With respect to applications for licenses obtained through competitive bidding, we recently amended sections 1.2105(a) and 1.2107(c) of our rules to require electronic filing of all short-form and long-form applications beginning January 1, 1999, unless not feasible. 20. In addition, we note that the public has requested that the Commission implement electronic filing of information wherever feasible to facilitate more user-friendly queries of licensing data. We recently sought comment on various changes to our rules that were intended to eliminate unnecessary filing and reporting requirements. In these proceedings, a number of commenters suggested that we introduce electronic filing measures. 21. Discussion. With the advent of ULS, we will have the ability to accept electronic filing of all forms used for wireless radio services. We propose that beginning on January 1, 1999, applicants, licensees, and frequency coordinators filing applications on behalf of applicants in all of the wireless radio services be required to file electronically. This proposal is consistent with our recent decision in the Part 1 Third Report and Order to require electronic filing of applications for licenses obtained through auctions. Similarly, in the Electronic Tariff Filing Report and Order in CC Docket No. 96-187, we established a program for mandatory electronic filing of tariffs and associated documents, such as transmittal letters, requests for special permission, and cost support documents. As in those proceedings, we believe that requiring electronic filing of applications for all wireless radio services is in the public interest because it will help to accomplish our goals of: (1) a more rapid transition to ULS; (2) streamlining our application processing; (3) affording parties a quick and economical means to file applications; and (4) making all licensing information quickly and easily available to interested parties and the public. We believe that the effect of this requirement on applicants, licensees, and frequency coordinators in wireless radio services would be beneficial; indeed, the ULS is intended to relieve the burden on all filers of the time and cost of paper filings. We request comment on these proposals. 22. While we propose to establish mandatory electronic filing for all wireless radio services, we seek comment on whether manual filing should continue as an option for certain services or classes of applicants. We recognize that licensees and applicants interested in wireless radio services are a diverse group which includes commercial entities providing a communications service to subscribers, entities who use radio for internal purposes, and individuals. We note that the commercial entities may be large corporations or small businesses with more limited budgets and resources. We recognize that some applicants may not have access to computers with the hardware and capability to utilize the software necessary to submit their applications electronically, particularly since electronic filing will be accomplished by dial-in procedures and not over the Internet. Accordingly, we seek comment on whether certain wireless radio services, excluding those subject to competitive bidding, should be exempted from our proposed general requirement to file electronically. Commenters advocating an exemption from mandatory electronic filing should explain why a particular service or a particular class of applicants requires manual filing. Commenters should also address whether it would be appropriate to require electronic filing for such services after a period of time. Commenters should suggest an appropriate period of time before mandatory electronic filing would be implemented for these exempted services, with a rationale supporting such proposals. Commenters should also address ways to make ULS more accessible to individuals with disabilities. 23. Finally, we request comment on whether it would benefit applicants and licensees subject to electronic filing if the Commission maintained computer facilities in field offices and at the Washington, D.C. offices for the public to use to file forms and pleadings electronically. Commenters should discuss the resources needed to support this, e.g., the number of computers necessary for public to use. It is our intention to make electronic filing as easily available and successful as possible, and we request public input for further suggestions to meet this goal. 3. Copy and Microfiche Requirements 24. Background. Current Commission rules require the filing of a specified number of copies of all applications and pleadings in order to ensure that appropriate Commission staff have access to the documents and that timely information is provided to the public. Additionally, in many cases copies of applications must be filed on microfiche for inclusion in the station file for the licensee. In our Notice of Inquiry in PP Docket No. 96-17, we sought comment on ways to streamline our processes and to eliminate unnecessary filing requirements. Commenters in that proceeding were overwhelmingly in favor of implementing electronic filing. 25. Discussion. In this proceeding, we propose to change the current copy and microfiche requirements to eliminate those requirements that are no longer necessary. We tentatively conclude that reducing the number of copies that parties have to file and eliminating our current microfiche requirements would serve the public interest because such requirements are unnecessary under ULS. In the past, multiple copies and microfiche were required to make application and licensing information available to the public. ULS, however, provides an unprecedented degree of accessibility to this information. Whether applications or pleadings are filed electronically or manually, all information will be available online to interested parties. After implementation of ULS, any data that is filed manually will be entered or scanned as necessary and will be available in the same fashion as electronically filed information. Thus, there will no longer be a need for an applicant to file numerous paper copies or microfiche. We propose to amend our rules so that applicants who file applications electronically will not be required to provide paper copies, diskettes, or microfiche. We seek comment on these proposals and tentative conclusions. We also seek comment on whether it would impose a significant burden on manual filers to require them to file a diskette containing electronic copies of all attachments and exhibits filed with paper forms. Requiring a diskette containing electronic copies of all attachments to be filed with manually filed applications would expedite the addition of such applications to ULS. 4. Filing of Pleadings Associated with Applications 26. Background. Currently, section 1.49 of our rules requires that pleadings and documents filed in any Commission proceeding be filed on paper. In our proceeding in GC Docket No. 97-113, we are considering whether to allow electronic filing of comments in rulemaking proceedings. 27. Discussion. In conjunction with the enhanced electronic filing capability provided by ULS, we propose to modify our Part 1 rules to allow electronic filing of pleadings regarding wireless radio service applications. With the advent of ULS, we also have the ability to allow pleadings and informal requests for Commission actions associated with applications or licenses in the wireless radio services to be filed electronically. Such pleadings include petitions to deny, petitions for reconsideration, applications for review, comments, motions for extension of time, and subsequently filed pleadings related to such filings (i.e., oppositions and replies). In addition, ULS allows waiver requests to be filed electronically on the FCC Form 601 or in connection with requests submitted on other ULS forms. We anticipate that ULS will be able to accept pleadings prepared in a variety of software formats. Electronic filers will be queried regarding which application is at issue. This query will enable us to easily associate pleadings with related applications and make the pleadings accessible to the public. In addition, parties submitting pleadings via the ULS will continue to be required to serve paper copies on all interested parties. This initiative is intended to complement the system we have previously proposed to permit the electronic filing of pleadings in docketed proceedings. We seek comment on this proposal. We also seek comment on whether we should permit other WTB pleadings that are not associated with an application or a docketed proceeding (e.g., a request to stay a filing deadline) to be filed electronically via ULS. 5. Letter Requests 28. Background. The Commission's rules currently permit licensees in some wireless services to request certain actions by letter instead of with a formal application filing. Each year WTB receives thousands of letter requests which must be processed manually. In addition, section 308(a) of the Communications Act states that formal applications are not required during national emergencies or under other exceptional circumstances (Special Situations). 29. Discussion. We seek comment on whether requiring requests relating to licenses or applications to be filed using ULS forms rather than continuing to accept and process letter requests will better serve the public interest. Commenters should address whether we should eliminate letter filings for applications, modifications, renewals, amendments, extensions, cancellations, special temporary authorizations, and name and address changes, except for the Special Situations set forth in section 308(a) of the Communications Act. We note that our forms are widely available to the public on the FCC s web page, via toll free telephone number, and through a fax-on-demand service, and their use should be far less burdensome for the public than drafting a letter request. Using a form instead of a letter will also enable Commission staff to handle requests more quickly and accurately. We also note that even if manually filed with the Commission, the ULS form is more likely than a letter to be sent directly to the appropriate Bureau and division for processing. In addition, many requests for minor modifications could, if filed on a form, be automatically granted, thus relieving the Commission of a significant processing burden. Nonetheless, we are mindful that it may be unduly burdensome for some licensees to use a specific form rather than a letter to request minor changes to an application or license, such as a change of address. Therefore, commenters should address whether letter requests should be permitted under certain circumstances and if so, identify those circumstances. B. Standardization of Practices and Procedures for WTB Applications and Authorizations 1. Overview -- Consolidation of Procedural Rules in Part 1 30. Background. In the past, we have adopted service-specific rules and procedures for processing applications in each wireless service, which are for the most part set forth in separate rule parts pertaining to each service. Thus, because many wireless service providers hold licenses in more than one service, they must consult multiple rule parts when filing applications. Moreover, these rules are not only duplicative, but are sometimes inconsistent, in part, because we have developed many of our service-specific licensing procedures based on separate and independent licensing databases for each service, which have different components and capabilities. Additionally, processing of applications in the various wireless services is carried out by different processing groups within the Bureau, which also leads to varying procedures and processing speeds. Finally, because each service's rules have generally been addressed in separate rulemaking proceedings, which took place at different times, inconsistencies arose in the processing procedures for each service as we have taken an increasingly deregulatory approach to licensing procedures. 31. Discussion. The enhanced technical capabilities of ULS and the upcoming consolidation of our licensing databases provides us with a unique opportunity to replace our disparate service- specific processing rules with a single set of processing rules for all wireless services that utilize ULS. Therefore, as discussed in greater detail below, we propose to consolidate our existing procedural rules for the wireless radio services into unified rules, located in Part 1, that will be tailored to the new ULS database. Moreover, in addition to simply consolidating rules that are identical but duplicative, we propose to eliminate unnecessary or outdated procedural rules and conform inconsistent procedures to the extent feasible. We believe that a single, consolidated set of rules will make our licensing procedures more consistent across different services and will make the rules more accessible and understandable to applicants, licensees, and the public. 32. We believe that adopting a single set of procedural rules tailored to ULS will also make the licensing process more efficient and user-friendly. For example, under ULS applicants seeking multiple licenses in the same service or in more than one service will be able to submit basic licensee information (e.g., name, address, ownership information) only once, and ULS can automatically incorporate this information into all subsequent applications associated with the same applicant. In each subsequent filing, the applicant would be certifying that the prefilled information on the application remains correct. Thus, licensees need not resubmit licensee information that is already in the system unless that information has changed, in which case only a single filing would be required to update the system. By using the same processing rules in conjunction with applications in multiple markets and across multiple services, we can use this common licensee information more efficiently and minimize instances where a licensee must file additional information with a specific application. 33. In the sections below, we highlight some of the principal areas in which we propose to consolidate our processing rules. In general, we are not proposing to make major substantive changes to our rules as part of this process, but simply to eliminate unnecessary or outdated requirements and conform inconsistencies in our rules where feasible. We are also mindful that in some instances, it may be necessary to retain service-specific components to our processing rules that reflect legitimate technical, operational, or policy considerations that are unique to a given service or class of services. We encourage commenters to address our proposed changes, both to identify unnecessary and inconsistent rules and to identify any instances in which retention of service-specific rules is justified. 2. Standardization of Major and Minor Filing Rules 34. Background. Under current WTB rules, the standards for distinguishing between major and minor filings, particularly amendments to applications and modifications of licenses, have been addressed on a service-specific basis and are found in many provisions throughout the rules. The distinction between major and minor filings has significant procedural consequences in the application process, because a major amendment to an application causes the application to be considered newly filed, while a minor amendment generally has no impact on the filing date. A major amendment may be subject to an additional public notice period (where public notice is required) or deemed untimely filed if the new filing date falls outside a filing window. For example, a major ownership amendment to an application for which the filing window has closed would normally make that application untimely and therefore unacceptable for filing. Distinguishing major and minor modifications to licenses is similarly important, because major modifications are subject to the same public notice requirements as initial applications, and typically require prior Commission approval even where public notice is not required. Minor modifications, by contrast, do not trigger public notice obligations and often do not require prior Commission approval. 35. Discussion. The implementation of ULS provides a unique opportunity to replace our service-specific rules with a single set of uniform standards for defining major and minor amendments and modifications in all wireless radio services. We therefore propose to adopt a single rule in Part 1 that defines categories of major and minor changes for purposes of defining whether an amendment to an application or a request for license modification is major or minor. We propose that these major and minor categories should uniformly govern the filing date of applications in all wireless radio services. We are not, however, proposing to revise the types of applications which require public notice or frequency coordination. 36. In proposing a single consolidated rule, however, we note that some differentiation between services remains necessary based on whether they are licensed on a geographic area basis or a site-specific basis. For example, where a license is granted on a site-specific basis, virtually any change to the technical characteristics of the facility (e.g., a change of coordinates, antenna height, or transmitting power) requires the Commission to modify the license. By contrast, most geographic licenses do not generally require modification for technical changes of this type to individual sites within a licensee's service area, because the license affords the licensee the flexibility to make these changes without modification of its authorization provided it complies with the basic operational and technical rules applicable to the service. As a result, where geographic licensing is involved, there are far fewer types of possible license modifications than where licensing is site-specific. 37. In addition, even among services licensed on a site-specific basis, some differentiation is required in defining major and minor changes due to the differing technical parameters governing mobile and fixed services. For example, mobile services involve communications between two or more stations in which at least one of the stations involved is mobile. A common scenario would be where one or more mobile units communicate with a fixed base station and nearby co-channel and adjacent-channel stations are coordinated based on point-radius calculations of potential interference. In contrast, fixed services involve communications among one or more fixed sites. This results in the coordination of neighboring co-channel and adjacent-channel stations by identifying the potential for radio "paths" to interfere with one another. In both cases, however, the technical parameters proposed herein to define major and minor modifications are appropriate to identify which applications could significantly affect nearby licensees and differ consistent with the distinct ways in which co-channel stations are coordinated. MAJOR 38. Based on the above criteria, we tentatively conclude that the following changes should be considered major: For all stations in all wireless radio services, whether licensed geographically or on a site- specific basis:  Any substantial change in ownership or control;  Any addition or change in frequency, excluding removing a frequency;  Any request for partitioning or disaggregation;  Any modification or amendment requiring an environmental assessment (as governed by 47 C.F.R.  1.1301-1319);  Any request requiring frequency coordination (non-CMRS private land mobile only); or  Any modification or amendment requiring notification to the Federal Aviation Administration as defined in 47 C.F.R. Part 17 Subpart B. In addition to those changes listed above, the following are major changes applicable to stations licensed to provide base-to-mobile, mobile-to-base, mobile-to-mobile, or repeater communications on a site-specific basis:  Any increase in antenna height above average terrain (HAAT);  Any increase in effective radiated power (ERP);  Any change in latitude or longitude; or  Any increase or expansion of coverage area (in this context, coverage area is defined in the rule parts governing the particular radio services). In addition to those changes listed above, the following are major changes that apply to stations licensed to provide exclusively fixed point-to-point, multipoint-to-point, or point-to-multipoint communications on a site-specific basis:  Any change in transmit antenna location by more than 5 seconds in latitude or longitude (e.g., a 5 second change in either latitude or longitude would be minor);  Any increase in frequency tolerance (Fixed Microwave only);  Any increase in bandwidth;  Any change in emission type;  Any increase in EIRP greater than 3 dB;  Any increase in EIRP greater than 1.5 dB (DEMS only);  Any increase in transmit antenna height (above mean sea level) more than 3 meters;  Any increase in transmit antenna beamwidth;  Any change in transmit antenna polarization (fixed microwave only); or  Any change in transmit antenna azimuth greater than 1 degree.  Any change in latitude or longitude that requires special aeronautical study; or  Any change which together with all minor modifications or amendments since the last major modification or amendment produces a cumulative effect greater than any of the above major criteria. MINOR 39. We tentatively conclude that any change not specifically listed above as major should be considered minor. This would include:  Any pro forma transfer or assignment;  Any name change not involving change in ownership of the license;  Any address and/or telephone number changes;  Any changes in contact person;  Any change to a CMRS site where the licensee's interference contours are not extended and co-channel separation criteria are met; or  Any conversion of a site-specific license into a single wide-area license where there is no change in the licensee's aggregate service area. 40. In addition, we propose to combine the two categories of minor filings in Part 101 into one category, which will not be required to be placed on public notice. We are also correcting a minor discrepancy in the standard for a major change to antenna parameters that exists between an application amendment and modification to a station. We invite comment on these changes. 41. We further propose to allow licensees to implement minor modifications to their facilities without prior Commission approval; licensees would be required only to electronically notify the Commission within 30 days of implementing the change. However, we note that there are times that applicants and licensees may submit multiple amendments or modifications that individually would be considered minor changes, but that, when considered together, would constitute a major change. In this connection, we propose that multiple minor changes be considered a major change to the extent that their cumulative effects relative to the original authorization exceed the threshold(s) set forth above as major changes. We seek comment on this proposal. Commenters should address the standard we should adopt to alert applicants and licensees that multiple minor amendments or modifications will be considered a major change. 3. Submission of Ownership Information 42. Background. Our existing service-specific rules contain varying requirements for submission of ownership information by wireless applicants and licensees. For example, in Part 22, we require applicants for licenses to provide detailed real-party-in-interest information concerning stockholders, subsidiaries, and affiliates. Assignees and transferees of Part 22 licenses must also file current ownership information on Form 430 if a current report is not on file with the Commission. In Part 101, we require microwave applicants to file real-party-in-interest information in conjunction with their applications. Most recently, in the Part 1 Third Report and Order, we required all applicants for licenses or for consent to assignment or transfer of licenses in auctionable services to provide specific ownership information with either their short-form or long-form application. 43. Discussion. These various reporting requirements are intended to enable the Commission to review whether applicants and licensees are in compliance with our real-party-in-interest rules, as well as with ownership restrictions such as the CMRS spectrum cap, cellular cross-ownership restrictions, eligibility for treatment as a small business at auction, and foreign ownership limitations. However, because different and sometimes inconsistent reporting requirements apply to different services, entities who hold or apply for multiple licenses may be required to submit duplicative or inconsistent ownership information with each application. These multiple filings burden applicants and congest WTB databases and reference rooms with duplicative information. 44. In the Part 1 Third Report and Order, we established streamlined ownership reporting requirements for applicants in auctionable services, by eliminating the requirement that an applicant separately submit ownership information each time it applies to participate in an auction. We stated that an applicant would be required to provide ownership information when it applies for its first auction, and that such information would then be maintained in a central database which the applicant could update when its ownership information changes. We stated that we would implement this procedure as part of ULS. 45. The development of ULS provides an opportunity to fully implement our decision in the Part 1 Third Report and Order and to further streamline our ownership disclosure requirements by adopting a consolidated rule governing all submissions of ownership information by wireless applicants and licensees. We propose to utilize the new Form 602, developed for ULS, as the common form on which all wireless applicants and licensees submit required ownership information in connection with any application or licensing change. For entities applying for a license for the first time, whether by initial licensing, assignment, or transfer of control, an applicant subject to ownership reporting requirements would file this form simultaneously with the relevant license application (Form 175, 601, 603, or 604). Because the ownership information submitted on the initial Form 602 will be automatically entered into the ULS database, the applicant would be required to submit only a single Form 602 in connection with multiple applications (whether in one wireless service or multiple services), and would be able to reference the same information in all future applications without refiling the form. The licensee would also use the Form 602 to provide amended or updated ownership information as required by the relevant rules, e.g., in connection with transfers and assignments. Again, the licensee would only have to file one ownership form to update this data for all of its licenses. We seek comment on these proposals. 46. In connection with our proposed use of Form 602 for submission of all ownership information, we also propose to streamline and consolidate our rules regarding the types of ownership information that must be submitted by wireless applicants and licensees. In light of our decision in the Part 1 Third Report and Order to establish uniform reporting requirements for applicants and licensees in auctionable services, we propose to eliminate all duplicative and inconsistent reporting requirements in service-specific rule parts that deal with auctionable services. For example, Section 22.108 in our current rules requires Part 22 applicants to provide information regarding investors holding a five percent or greater interest in the applicant. This rule is inconsistent with the ten percent ownership reporting threshold adopted in Section 1.2112, which also applies to Part 22 applicants because all Part 22 services are auctionable. Although we did not delete Section 22.108 in the Part 1 Third Report and Order, we believe it is appropriate to do here in order to carry out the intent of that order and conform our reporting requirements for all auctionable services. Our proposal, however, does not preclude requiring certain applicants to provide different or more specific ownership information where there is a particular need for the information to carry out our regulatory responsibilities. For example, applicants seeking small business eligibility for auction purposes must typically file more detailed information regarding ownership and financial structure than other entities. We do not propose to alter such specific requirements. We also do not propose to address substantive ownership issues such as attribution rules, cross-ownership limitations, or spectrum caps. While the information that applicants provide on Form 602 may be relevant to such issues, they are outside the scope of this proceeding. 47. We also seek comment on whether to revise our rules regarding ownership information to be provided by applicants and licensees in non-auctionable services that are not subject to the disclosure requirements of the Part 1 Third Report and Order. For example, under Part 101, all applicants, including private licensees operating systems exclusively for internal use, are required to disclose real party in interest information and certify that they are not representatives of foreign governments, but are not otherwise subject to ownership reporting requirements. While we do not propose to alter the substance of these reporting requirements at this time, we believe that the current requirements and any additional disclosure requirements that might be adopted in the future should be incorporated into a consolidated rule governing the basic ownership information to be provided by all non-auctionable wireless applicants and licensees. Therefore we propose to incorporate the Part 101 standard into our consolidated Part 1 rule. We seek comment on the proposal. 48. We also seek comment on whether we should use ULS to collect ownership information from applicants and licensees in non-auctionable services beyond what is currently required. For example, we note that in some instances, licenses in private, non-auctionable services are held by commercial enterprises such as railroads or utilities, which could also hold licenses or interests in licenses in auctionable wireless services. We seek comment on whether the possible holding of both types of licenses raises potential competitive or spectrum management issues that would justify requiring such entities to provide ownership information in connection with applications for non- auctionable as well as auctionable licenses. We also seek comment on what types of information should be provided. We tentatively conclude, however, that there is no need to extend ownership reporting requirements to applications or licenses held by governmental entities. We also tentatively conclude that such requirements are unnecessary for the Amateur or General Mobile Radio Services or for Commercial Radio Operators, because these services are essentially personal in nature. We seek comment on these tentative conclusions. 4. Frequency Coordination of Amendment and Modification Applications 49. Background. In services requiring frequency coordination in Parts 90 and 101, we have differing rules pertaining to coordination for amendments and modifications that involve substantial engineering changes to applications. Section 90.175 of our rules identifies numerous changes that do not require frequency coordination. However, section 101.103(d) of our rules requires all applicants seeking to amend applications or modify their authorizations to obtain a new frequency coordination. 50. Discussion. We propose amending section 101.103 by requiring frequency coordination only for those applicants filing amendments and modifications that involve changes to technical parameters that are classified as major in accordance with the discussion above. Licensees making minor changes to technical parameters would only be required to notify the Commission, as well as the entity(ies) with which it normally engages in frequency coordination, of the minor change. We seek comment on this proposal. This proposed change to section 101.103 will provide uniformity among the rules for all the affected services. 5. Returns and Dismissals of Incomplete or Defective Applications 51. Background. Currently, electronic filing of applications involves the completion of a form on a computer and forwarding the completed application to the Commission. Incomplete or incorrectly filed applications are returned and/or dismissed in accordance with service-specific rules. The ULS filing system will reduce filing errors by assisting applicants who file electronically to fill in all required information. For example, ULS will prefill ownership and address information for applicants who are already Commission licensees. It will also interactively check that required elements of applications are completed and prompt applicants to correct errors. ULS can also be programmed to interactively perform certain clearances such as verifying tower registration. We anticipate that this system, in combination with the consolidated rules proposed herein, will result in a higher percentage of grantable applications and help to ensure the integrity of the data in our licensing database. 52. There will be two means for parties to electronically file applications with the Commission: batch and interactive. Batch filers will follow a set Commission format for entering data. Batch filers will then send via file transfer protocol (FTP) batches of data to the Commission for compiling. ULS will compile such filings overnight and respond the next business day with a return or dismissal for any defective applications. Thus, batch filers will not receive immediate corrections from the system as they enter the information. Interactive filers will use a WWW browser to contact the Commission on our secure network and complete the appropriate Commission form in real time. Interactive filers will receive prompts from the system identifying data entries outside the acceptable ranges of data for the individual fields at the time the data entry is made. Because interactive filers will be able to enter corrected information in real time, they are less likely to submit applications that are incomplete or incorrect with respect to information in these fields. 53. Discussion. We propose to conform our filing rules for all WTB applicants so that batch, interactive, and, where applicable, manual filers will be subject to the same requirements and procedures for defective or incomplete applications. Interactively filed applications will be screened in real time by the ULS system; therefore errors will be unlikely but may occur in some instances where erroneous information is entered. In the case of batch and manually filed applications, incomplete or erroneous filings will not be detected until after the application is filed. Manually filed applications, if erroneous, will not be returned until the WTB staff reviews the application and detects the problem. In all cases, regardless of filing method, except as indicated below, we propose that an applicant who submits an application that is accepted by ULS but that subsequently is found to have missing or incorrect information be notified of the defect. We seek comment on allowing applicants 30 days from the date of this notification to correct or amend the application if the amendment is minor. If the amendment is major, the applicant's ability to refile will depend on whether major amendments are allowed under the circumstances (e.g., whether the relevant filing window has closed). Notwithstanding the above, in all cases applications that are submitted without a sufficient fee or outside of an applicable filing window and manually filed applications that do not contain a valid signature will be immediately dismissed. We seek comment on these proposals. 54. Finally, we propose a method for handling confidential attachments to applications filed in the ULS. Currently, because applicants may submit proprietary or market sensitive data as attachments to their applications, they may request that the Commission treat these attachments as confidential. If the Commission does not grant this request for confidential treatment, the attachments in question are returned to the applicant, who may decide whether or not to resubmit them without restriction. Under the ULS applicants may request that an electronically submitted attachment be treated as confidential by checking the appropriate box on the attachment form. To ensure that these attachments are kept confidential in ULS, we would put the following security measures in place: (1) any attachment designated as confidential will not be accessible from publicly available query utilities; and (2) a special user name and password will be required for Commission employees to view confidential attachments. To provide the same treatment under ULS as under the current system, we propose that if the Commission decides not to grant a request for confidential treatment, the applicant be informed and the attachments in question be deleted from the ULS database. We request comment on this proposal. 6. Discontinuation of "Reinstatement" Applications 55. Background. Presently, licensees in the Private Land Mobile Services and Fixed Microwave Radio Services who do not file a timely renewal application are given a 30-day period following the expiration of their licenses in which to request reinstatement. This practice was instituted due to the large number of late-filed applications in these services. This practice is inconsistent with other wireless radio service licensing rules where reinstatement is not permitted. Given the development of ULS, we seek comment on whether to modify our rules to utilize ULS to notify applicants of the renewal period for their licenses. This would eliminate the reinstatement period and instead automatically cancel the license following expiration. 56. Discussion. In order to provide regulatory symmetry among all wireless services, we propose to provide automatic pre-expiration notification to all wireless radio services licensees via ULS and to eliminate the reinstatement period in those services that currently allow reinstatement applications. Specifically, we propose that ULS would send notices to all wireless radio services licensees, both site-specific licensees and geographic area licensees, 90 days before the expiration of their licenses. We seek comment on this proposal. Commenters should address whether 90 days is the appropriate amount of time prior to expiration to send this information. Under this procedure, failure to file for renewal of the license before the end of the license term would result in automatic cancellation of the license. We tentatively conclude that existing rules allowing reinstatement of expired licenses should be eliminated because, under our proposed new rules: (1) licensees will receive notification that their licenses are about to expire and, therefore, should be responsible for submitting timely renewal applications; and (2) interactive electronic filing will make it easier for all licensees to timely file renewal applications. In addition, Commission forms are widely available to the public on the FCC s web page, via toll free telephone number, and through a fax-on-demand service, and licensees should be able to obtain the form more easily than before to timely file their renewal application. We seek comment on our tentative conclusions and on whether this approach will have a negative effect on public safety and local government licensees. In particular, we request comment on whether such entities should be subject to a different procedure, and if so, what that procedure should be. 57. To the extent that we adopt the automatic cancellation proposals described above, licensees whose licenses have been automatically cancelled may file a petition for reconsideration of the cancellation or may file a new license application. The ULS system will show a license expiration as final 30 days after the automatic cancellation date if no petition for reconsideration is filed. Such licenses would then be available for the Commission to reauction or otherwise reassign. If a petition for reconsideration is filed, the license would remain in the ULS pending action on the petition. If we determine that the spectrum is available for reassignment or reauction, the license cancellation will be placed on public notice and a separate public notice will be issued indicating filing procedures for that spectrum. This system comports with the current rules in certain services that allow a filing window for renewals, and those services that have automatic cancellation provisions for failure to file a timely renewal application. We seek comment on these proposals. We note that neither the ULS procedures nor this NPRM is intended to affect the rules in place governing the amateur vanity call sign system cancellation and reassignment procedures. 58. The Commission now informs applicants and licensees of Commission actions in writing. We propose to allow licensees to choose whether they want to continue to be notified in writing via regular mail or instead be notified of Commission actions concerning applications contained in the ULS via electronic mail. We propose that notification by electronic mail be considered the same notice as notification by regular mail. We further propose that if the licensee does not choose electronic mail we will use regular mail for such notifications. We seek comment on these proposals. 7. Construction and Coverage Verification 59. Background. In all wireless radio services, licensees are subject to construction and, in some instances, coverage requirements, and are subject to automatic license cancellation if these requirements are not met. Different procedures have evolved in different services for verifying whether licensees have in fact met these requirements. In some wireless radio services, the rules provide that licenses are cancelled if the licensee fails to notify the Commission that it has met its construction or coverage requirement. In other services, licenses are cancelled automatically if a licensee fails to construct by its construction deadline. In some, but not all, of the latter services, the Commission staff sends letters to determine compliance and then notifies licensees that their licenses are cancelled when licensees fail to certify compliance or state that they did not meet the construction or coverage requirements. In some services that are licensed by geographic area, licensees may forfeit their license by failing to meet coverage requirements, but no procedures have been established for notifying licensees of approaching deadlines or confirming that these deadlines have been met. 60. Discussion. The ULS can be programmed to remind licensees by letter or electronic mail that a construction or coverage deadline is approaching and can also be programmed to permit construction notifications to be filed electronically. We propose to establish uniform procedures for using the ULS to notify all wireless radio licensees of upcoming construction or coverage deadlines. This will conform the rules for all wireless radio services licensees so that similarly situated applicants and licensees are treated equally. In addition, this will lessen the burden on applicants and will ensure that deadlines are met or that the public receives timely notification of terminations. Under this proposal, ULS would automatically send each licensee via e-mail or regular mail a reminder letter before the applicable construction or coverage deadline. We seek comment on how far in advance the notification should be sent. After receiving notification, licensees would then verify that they have met these requirements by updating their FCC Form 601 already on file with ULS. We note, however, that the notification procedure proposed here is not intended to replace the basic construction and coverage requirements set forth in our rules. Thus, even if a licensee does not receive a reminder letter, it remains obligated to meet its construction and coverage benchmarks and cannot cite the lack of notification as an excuse for non-compliance. 61. We propose requiring notifications filed by wireless radio services licensees to be filed electronically. If a licensee does not file the required notification of completion of construction or satisfaction of the coverage requirements, the ULS would send a letter advising the licensee of the termination of the authorization. The ULS would then generate a public notice announcing the termination, which would be deemed final 30 days after the public notice date. We seek comment on this proposal. 62. In addition, we propose to require wireless radio licensees to certify compliance with construction requirements relating to modification applications that involve additional frequencies. In addition, we propose to require fixed microwave licenses awarded on a site-by-site basis to certify compliance with construction requirements for additional or increased service area coverage (e.g., a new station, a change in antenna height or EIRP). We also propose to amend section 101.63 to require fixed microwave licensees to file a further modification application if they fail to construct a granted modification. This additional modification will return the license to its pre-grant status. We seek comment on these proposals. 8. Assignments of Authorization and Transfers of Control 63. Background. The Communications Act requires the Commission to approve assignments of licenses and transfers of control of licensees. In the wireless radio services, we currently process applications for proposed assignments and transfers of control in two ways. Under our CMRS rules, requests for approval of both assignments and transfers are filed on a common application form. Following the approval of the assignment or transfer, the licensee must then file a notification with the Commission that the transaction has been consummated, at which point the Bureau amends its licensing database. In the private and common carrier microwave services, licensees use one of two forms to request Commission approval, depending on whether the proposed transaction is an assignment of license or a transfer of control. The rules applicable to Part 90 services and microwave transfers and assignments also differ from the equivalent CMRS rules in that no post-consummation notice is required; instead, the Bureau amends its database upon approval of the assignment or transfer without seeking confirmation that the transaction was consummated. 64. We note that we recently exercised our forbearance authority for certain pro forma transfers of control and assignments of licenses involving telecommunications service providers licensed by the Wireless Telecommunications Bureau. Specifically, we granted a petition for forbearance filed by the FCBA regarding the prior notification and approval requirements for pro forma transfers and assignments. Rather than requesting approval of the pro forma transaction before it has occurred, licensees must submit written notification of the pro forma transaction within 30 days after consummation, either in letter form or by using the appropriate FCC transfer and assignment form, and must update their records as necessary. Those licensees which are subject to our unjust enrichment provisions, and those transactions involving proxy mechanisms, require additional review and may not take advantage of this forbearance. 65. Discussion. We propose to consolidate our transfer and assignment rules for all wireless services in Part 1, and to eliminate inconsistencies between the procedures that currently govern CMRS and microwave licenses. First, we propose to replace the multiple existing forms for transfers and assignments in the various services with two ULS forms, FCC Form 603 for assignment of licenses and FCC Form 604 for transfers of control. Our proposal to use a separate form for each type of transaction rather than a single consolidated form for all assignments and transfers is based on the fact that transfers and assignments do not require identical types of information from the applicant. In addition, the two types of transactions have different processing results: in an assignment transaction, a new license is issued to the assignee, while in a transfer of control, the identity of the licensee generally remains the same. We propose using two different forms tailored to the two categories of transactions. This will make entering the required information easier and will thereby reduce the filing burden on licensees. We seek comment on these proposals. 66. We also propose to conform our rules with respect to post-transaction notification that a Commission-approved transfer or assignment has been consummated. We propose to require post- consummation notification prior to changing the database to reflect the grant. As noted above, the Part 90 rules for private mobile radio service (PMRS) and our current microwave rules in Part 101 do not require such notification. Experience has shown, however, that problems occur when an assignment or transfer approved by the Commission is entered into the licensing database under this streamlined procedure and is not subsequently consummated. In the absence of a notification procedure, no efficient mechanism exists for correcting the database under these circumstances. Instead, we have generally required the filing of a second transfer application that reflects the "return" of the license from the putative transferee to the original licensee. 67. With the advent of ULS, we believe that a uniform post-consummation notification process can be established that will be efficient and easy to use for all wireless licensees. Using the electronic filing capabilities of the system, licensees will be able to provide such notification by accessing their previously filed Form 603 or 604 associated with a transaction and entering updated information regarding its consummation. We therefore propose to require post-consummation notification under ULS using procedures similar to those currently applicable to CMRS transfers and assignments. We also tentatively conclude that these notification procedures should be reinstated for transfers and assignments of microwave licenses, notwithstanding our prior elimination of the post- consummation notification requirement in the microwave services. Under ULS, we believe the burden of filing such notifications will be substantially reduced. In addition, uniform procedures will ensure regulatory symmetry and will help avoid database errors associated with unconsummated transactions. We seek comment on this approach. 68. Finally, we propose to apply these same post-consummation procedures to pro forma transactions for which we have recently adopted streamlined procedures in response to the FCBA forbearance petition. Thus, in the case of pro forma transfers and assignments involving telecommunications carriers, for which prior Commission approval is no longer required, we tentatively conclude that licensees should provide the required post-consummation notification and related information regarding the transaction on Form 603 or 604. 9. Change to North American Datum 83 Coordinate Data 69. Background. To perform its licensing role, WTB requires that certain applicants submit coordinate data with their applications. In each of these rules, applicants are required to submit coordinate data using the 1927 North American Datum (NAD27) geographical survey. A more recent North American Datum (NAD83) was completed in 1983, which provides updated coordinate data. NAD83 was adopted as the official coordinate system for the United States in 1989. On September 1, 1992, we issued a public notice noting the change and stating that we would be converting our databases to NAD83. However, in order to provide sufficient time to study the changes, we allowed applicants to continue indefinitely to provide coordinate data using NAD27. 70. Discussion. We tentatively conclude that use of NAD83 will result in more accurate licensing decisions via the ULS and will also conform with the current Federal Aviation Administration regulations which require the use of NAD83 data. We propose that all wireless radio services application processing rules requiring the submission of site coordinate data should be revised to require that such data be supplied using the NAD83 datum for sites located in the coterminous United States and Alaska. Additionally, we propose that the rules be revised to require site coordinate data for sites in areas such as Hawaii, Puerto Rico, the South Pacific Islands, etc., be submitted using WGS84. We seek comment on our tentative conclusion and proposal. 10. Use of Taxpayer Identification Numbers 71. Background. In 1996, Congress enacted the Debt Collection Improvement Act as part of an effort to increase collection from private entities of delinquent government debts. As a result of DCIA, the Commission and executive agencies are required to monitor and provide information about their regulatees to the U.S. Treasury. This provision includes a requirement that the Commission collect Taxpayer Identifying Numbers (TIN) and share them with the U.S. Treasury to ensure that the Commission does not refund monies to entities that have an outstanding debt with the federal government. TINs are 9-digit identifiers required of all individuals and employers to identify their tax accounts. Individuals use their Social Security Number as their TIN, while employers use the Employer Identification Number (EIN) issued by the IRS to all employers. TINs are an integral part of the DCIA system and are necessary for the collection of delinquent debt owed to federal agencies. The TIN matches payment requests with delinquent information. As a result, federal agencies have been required to share the TINs of benefit recipients since April 26, 1996, the effective date of DCIA. The Financial Management Service of the U.S. Treasury has recommended that agencies obtain the TIN when an agency first has direct contact with a person. 72. Discussion. The Commission has already taken steps to ensure proper collection of TINs from parties seeking to make filings using ULS. Development of the ULS will require that we continue to collect TINs from WTB applicants and licensees because some of these parties may be the recipients of a refund for overpayment of filing and/or regulatory fees or auction bids. The WTB has received approval from OMB to require existing licensees to register their TIN using FCC Form 606. Form 606 is for use on an interim basis, until the ULS is operational. On November 4, 1997, the WTB released a public notice announcing that existing licensees could register their TIN and associated call signs on-line. 73. We further propose that all parties seeking to file applications through ULS should be required to submit a TIN as a prerequisite for using the system, and that the Bureau should use TINs as the unique identifier for such parties. Under this proposal, individuals would use their Social Security Number as their TIN, while other entities would use their EINs as the TIN. Parties submitting manually filed applications should also be required to supply their TIN on their application form because all such applications will be placed on the ULS and a TIN is necessary to track these applications. Parties filing applications using ULS would be required to complete Form 606 to register their TIN. 74. We note that under the proposal, parties other than applicants and licensees would have some access to ULS without providing a TIN. For example, parties seeking to file a pleading electronically through ULS would not be required to submit a TIN but rather would be permitted to register with the ULS using a unique identifier and password of their choosing. Members of the public also would not be required to register to simply view applications or search the ULS database. We seek comment on whether requiring the use of TINs with the ULS system would satisfy the requirements of the DCIA and would provide a unique identifier for parties filing applications with the ULS that would ensure that the system functions properly. We tentatively conclude that the TIN is the logical choice for the system identifier because it is unique to each licensee and applicant, and these parties will likely have already obtained a TIN from the Internal Revenue Service in order to conduct their business. 75. We also propose to take steps to prevent misuse of TINs; for example, the ULS system would be designed so that TINs will not be available to the public. Accordingly, members of the general public will not be able to search the ULS system via TINs. Only a small number of Commission employees would have access to TIN information in conjunction with their work. Finally, a Privacy Act submission would be published in the Federal Register to obtain the requisite public and Congressional comment and OMB approval prior to implementation of the ULS system. We seek comment on these tentative conclusions and proposals. C. Collection of Licensing and Technical Data 1. Overview 76. In reviewing our processing functions to adapt them to electronic filing and universal forms, we have identified certain existing data collection requirements and licensing requirements that no longer serve a useful purpose or that can be further streamlined. Accordingly, we take this opportunity to propose the elimination or streamlining of such requirements. More generally, we seek comment on the types of technical data that we should collect from applicants and licensees, and whether there are particular data collection requirements that should be either added or deleted. 77. Background. Prior to geographic area licensing, all wireless radio services were licensed on a site-by-site basis. The Commission's rules currently require most applicants for site-specific licenses in the wireless radio services to submit technical details regarding their proposed stations. Such detail is necessary for site-specific licensing (1) to minimize the potential for harmful interference between stations; (2) to meet the requirements of the National Environmental Policy Act of 1969; (3) to perform international coordination; (4) to carry out spectrum management responsibilities; and (5) to ensure the proper enforcement of our rules. The collection of technical data for each site may not be appropriate under geographic area licensing. The Commission has reduced the amount of technical information required by geographic area licensees; however, geographic area licensees currently have different reporting requirements depending on the service under which they are licensed. For example, PCS licensees must comply with the technical rules of 47 C.F.R. Part 24, but are not required to submit any technical data to the Commission on their application forms and cellular licensees need only submit technical data for the cell sites that comprise their Cellular Geographic Service Area (CGSA). In contrast, the service specific rules for the Local Multipoint Distribution Service (LMDS), 220 MHz, and 800 MHz Specialized Mobile Radio (SMR) require that applicants submit technical data for all sites even though licenses for these services either have been or are scheduled to be auctioned on a geographic basis. 78. Discussion. Because of the inconsistencies in our rules, we propose to examine the technical reporting requirements for all geographic area licensees with a view toward equalizing, as much as possible, the reporting burden on such license holders. This proposal will ensure that similarly situated licensees are treated in a consistent manner, and allow us to more effectively collect the data we need to fulfill our statutory mandates. We believe that applicants for geographic area licenses in the wireless telecommunications services should, at a minimum, provide the Commission with technical information (1) when an Environmental Assessment is needed, as prescribed by section 1.1307; or (2) to effect international coordination, when necessary. Site data is also needed where towers will extend more than 200 feet above ground or will be located near an airport in order to maintain safety in air navigation. 79. In general, we believe that a reduced filing burden would be in the public interest. By changing our rules to make our technical reporting requirements more consistent, we believe we can eliminate those rules and requirements that are no longer necessary. We also realize, however, that technical data is needed in situations other than those cited above (e.g., for coordination between adjacent geographic areas, for enforcement purposes, or to improve our overall management of the spectrum), and that some licensees may be required to submit more detailed information than previously required. We seek comment on what reporting requirements, both technical and non- technical, should be established for geographic area licensees. Commenters should indicate those rules and requirements that can be eliminated from the wireless radio services rules, those that will need to be modified, and any additional requirements that may be necessary to make the reporting requirements consistent across services. When providing comments on this issue, commenters should clearly distinguish between the reporting requirements for geographic area and site-specific licensees. Additionally, there are many instances where geographic area licenses have been granted in areas that have site-specific, incumbent licensees (e.g., LMDS, 220 MHz, 800 MHz SMR). These situations should also be considered when addressing reporting requirements. Finally, when discussing rule and reporting requirement changes, commenters should suggest specific procedures that will allow us to collect the required information in a way that puts the least burden on licensees. 2. Use of Notification or Certification in Lieu of Informational Filings 80. Discussion. In order to best utilize the electronic filing system proposed to be implemented herein, and to most efficiently use the Commission's resources, we propose to replace many data or other informational filing requirements with either certification or notification, where appropriate. As with applications, we propose to require that wireless radio services licensees be required to file certifications and notifications electronically. Some certification statements will be made directly on a form or schedule, while others will be made in an exhibit. Only certifications made on a form or schedule will be searchable in ULS. An example of a new certification requirement in lieu of an information filing requirement can be found in proposed Section 101.701, which requires common carrier fixed microwave licensees to certify that substantial non-private use is being made of facilities used to relay broadcast television signals. 81. With regard to notifications, we are proposing to change some informational filings to notification. An example of a new notification requirement in lieu of an informational filing is in proposed Section 101.305, where non-dominant common carriers planning to discontinue service must give electronic notification of discontinuance to the Commission. We request comment on these proposals. 3. Public Mobile Radio Service Data Requirements 82. Discussion. Under Part 22 of the Commission's rules, applicants for certain Public Mobile Radio Service licenses are required to file antenna model, manufacturer, and type with the Commission. This antenna information is no longer required due to the adoption of the Part 22 Rewrite, which fundamentally altered the way that service contours and cellular geographic service areas (CGSAs) are determined. Accordingly, because we have adopted new calculation methods for CGSAs, we tentatively conclude that the antenna information that we presently collect is superfluous. We propose to eliminate this filing requirement. 83. In addition, our rules currently require that unserved area applicants in the Cellular Radiotelephone Service submit paper copies of: (1) an application cover, (b) transmittal sheet, (c) table of contents, and (d) numerous engineering exhibits. These paper copy requirements are inconsistent with our proposal to require electronic filing by cellular applicants. We therefore propose to eliminate this requirement for cellular unserved applicants. We request comment on this proposal. 4. Fixed Microwave Service Data Requirements 84. Discussion. Effective August 1996, the Commission consolidated all regulations concerning fixed microwave services from Parts 21 and 94 of the Commission s rules into a single consolidated Part 101, eliminating and combining a number of rules. Fixed microwave service applicants are required to file the following four items of technical information: type acceptance number, line loss, channel capacity, and baseband signal type for each application. Because the Commission is placing an increasing amount of responsibility for interference coordination on the parties themselves, it is not critical that such information be filed with the Commission, nor does it provide useful data in support of WTB licensing processes. Thus, we propose to eliminate these filing requirements for fixed microwave service applicants. We request comment on this proposal. 5. Maritime and Aviation Services Data Requirements 85. Discussion. Presently, applicants for certain types of station licenses in the Maritime and Aviation radio services are required to submit written showings with their applications in order to provide specific information concerning eligibility, to verify frequency coordination, or to show that the U.S. Coast Guard or Federal Aviation Administration approves of the operation of the proposed station. In order to facilitate electronic filing for these radio services, we propose to eliminate various rules which currently require applicants to attach the types of showings and coordination statements described above. In lieu of these written showings, we propose to allow applicants to certify that certain information is correct or that appropriate coordination has taken place. Where applications involve safety of life at sea or in air navigation, we propose to reserve the right to contact applicants to obtain additional information where such action serves the public interest. We seek comment on whether our proposal could negatively affect the quality of maritime or aviation communications. Commenters opposing the proposed rule changes should identify which written showings should be retained, why they should be retained, and any alternative rule changes that could aid in achieving our goal of facilitating electronic filing in the wireless services. 86. Although we are generally proposing to allow applicants to certify as to frequency coordination, implementation of this proposal for flight test stations under Part 87 requires individual discussion. Section 87.305 requires flight test station applications to include a statement from a frequency advisory committee, including detailed technical information to be specified at the time of licensing. This is in contrast to other coordination statements required for these services. In this connection, we seek comment on how best to implement our proposals above. We seek comment on whether we should require the frequency advisory committee to submit the application on behalf of the applicant, as is current practice in the Private Land Mobile Radio Services. Alternatively, we seek comment on whether we should allow individual applicants to specify the technical data at time of application and certify that is it correct and represents the committee's recommendation. 87. In addition to the written showings described above, there is another inconsistency between our current procedures for licensing Maritime and Aviation radio stations and other types of wireless systems. The rules currently prohibit the assignment of ship and aircraft station licenses between entities otherwise eligible for licensing. The intent of these rules is to maintain the integrity of the data stored in the Commission's ship and aircraft licensing databases. As a practical matter, this means that when a ship or aircraft is sold, the former owner is required to submit its license to the Commission for cancellation and the new owner must request a new station license. We tentatively conclude that prohibiting the assignment of ship and aircraft station licenses no longer serves any regulatory purpose and that the Commission could provide better service to the public by allowing licensees to assign their station licenses, as it does for other wireless services. Therefore, we propose to eliminate the prohibition against assigning ship and aircraft station licenses, so long as applicants provide updated information concerning the stations in question upon application for assignment. We seek comment on this tentative conclusion and proposal. 6. Commercial Radio Operator License Data Requirements 88. Discussion. Commission-licensed Commercial Radio Operators serve as radio officers aboard U.S. vessels, repair and maintain maritime or aviation radio equipment, and use international maritime and aviation frequencies to communicate with foreign stations. With one exception, applicants must pass a written examination prior to obtaining a Commercial Radio Operator license. In order to obtain a license, an applicant must contact a Commission-certified examination manager, pass one or more written tests, obtain a proof of passing certificate (PPC) from the examination manager, and provide the original PPC to the Commission upon application for a license. In order to facilitate electronic filing in this area, we must consider alternative means of verifying that applicants have passed the requisite written examinations under the supervision of a Commission- certified examination manager. 89. We tentatively conclude that the Commission must retain measures to verify whether an applicant has passed the requisite examinations. As noted above, license holders are responsible for emergency communications aboard vessels and for repairing radio equipment that serves as a mariner's or pilot's lifeline during emergencies. In the future, the Commission's role in ship inspections may be performed by the private sector and license holders may be responsible for inspecting compulsory radio installations aboard U.S. vessels. Because of the critical, safety-related responsibilities of license holders, the Commission must ensure that only qualified individuals receive a Commercial Radio Operator license. 90. We seek comment on ways for the Commission to automate the verification of applicants' PPCs. One alternative would be for examination managers to electronically file with the Commission data showing which examination elements an examinee has passed. A second option would be for examination managers to establish procedures that would allow them to verify the authenticity of a PPC, upon Commission request. A third option would be to require examination managers to submit applications on behalf of applicants. Commenters should discuss the administrative burdens associated with automating the verification of PPCs, and any alternative solutions not discussed herein. 7. Amateur Radio Services 91. Discussion. The United States has reciprocal arrangements with 65 countries to allow amateur operators to operate their stations temporarily in the other country. The Commission currently grants annually some 2,000 reciprocal permits for alien amateur licensee (FCC Form 610- AL) to amateur operators from those countries. The visitor must obtain the application form (FCC Form 610-A) -- which is often difficult to do in a foreign country -- and file it with the Commission. No standards are required of these applicants other than possession of the license document issued by their country of citizenship. There is no fee. The FCC-issued permit, therefore, simply confirms that the holder of the permit also holds a license from his or her home country. For Canadian amateur operators who visit the United States, no permit is required because they are authorized to operate by rule. We tentatively conclude that there is little or no need to continue issuing the reciprocal permit for alien amateur licensees because the license from any foreign country with which the United States has reciprocity would stand as the proof that the foreign operator is qualified for the reciprocal operating authority. We propose, therefore, to authorize all reciprocal operation by rule. As is now the case, however, no citizen of the United States -- regardless of any other citizenship held -- would be eligible under this authorization procedure. United States citizens would continue to have to acquire an FCC-issued amateur operator license by passing the requisite examinations. 92. Currently, the Commission processes annually some 1,500 applications for new, renewed and modified amateur service club, military recreation and radio amateur civil emergency service ("RACES") station grants. Application is made on FCC Form 610-B. There is no fee. The resulting license grant simply authorizes the use of a unique call sign in the station identification procedure. It does not authorize any operating privileges. Section 4(g)(3)(B) of the Communications Act authorizes the Commission, for purposes of providing club and military recreation station call signs, to use the voluntary, uncompensated and unreimbursed services of amateur radio organizations that have tax- exempt status under section 501(c)(3) of the Internal Revenue Code of 1986. The Commission's rules were amended in 1995 to administer the club call sign system under the Commission's then-new automated licensing process. We believe that the ULS provides an opportunity to utilize the electronic batch filing services provided by the private sector. We propose, therefore, to accept the services of any organization meeting the minimum requirements of section 4(g)(3)(B) of the Communications Act that completes a pilot electronic autogrant batch filing project similar to that completed by the 16 volunteer-examiner coordinators ("VECs"). Moreover, we anticipate that many VECs would be likely to volunteer their service as club station call sign administrators. 8. General Mobile Radio Service 93. Background. The GMRS is a UHF land mobile radio service for short-distance two-way communications. It is used to facilitate the business or personal activities of licensees and their immediate family members. Under the current rules, there are fifteen frequencies allocated to this service. Applicants may be authorized to use up to ten of these channels. Applicants are currently required to submit technical information and location information for control points and small base stations. 94. Discussion. All GMRS frequencies are shared and no frequency coordination is required; therefore, we propose to revise the rules for GMRS to limit the data collection required of individuals applying for a license to contact information, such as name, address, and telephone number. Additionally, we propose to authorize stations to transmit on any authorized channel from any geographical location where the FCC regulates communication without the need for temporary licensing. We believe that there is no regulatory purpose to be served by limiting the number of frequencies for which a licensee may be authorized or by collecting technical information from applicants. We seek comment on these proposals. IV. CONCLUSION 95. In this proceeding, we have set forth proposals to consolidate our licensing rules into a single set of rules for all wireless radio services. Our goal is to establish a streamlined set of rules that minimizes filing requirements as much as possible; eliminates redundant, inconsistent, or unnecessary submission requirements; and assures ongoing collection of reliable licensing and ownership data. We believe that these consolidated rules will eliminate duplication and inconsistencies that exist in our rules and will make it easier for applicants to determine our application requirements by referencing a single set of licensing rules. We find that such consolidation will allow the ULS to function more efficiently. A more efficient and fully functional ULS will mean that licensing information will be widely available to members of the public. We also believe that development of full electronic filing and universally available databases for the wireless radio services will shorten application filing times for applicants, make the most recent data available to them concerning other spectrum uses, and relieve the administrative burden on this Commission, enabling us to operate with greater efficiency. Accordingly, we tentatively conclude that it is in the public interest to implement the electronic filing of applications and other documents, and that ULS implementation, as well as the combined application and processing rules proposed herein, will help achieve that goal. V. PROCEDURAL MATTERS A. Initial Regulatory Flexibility Analysis 96. As required by the Regulatory Flexibility Act, see 5 U.S.C.  603, the Commission has prepared the Initial Regulatory Flexibility Analysis (Appendix P) of the possible impact on small entities of the proposals set forth in this document. Written public comments are requested on the Initial Regulatory Flexibility Analysis. In order to fulfill the mandate of the Contract with America Advancement Act of 1996 regarding the Final Regulatory Flexibility Analysis we ask a number of questions in our Initial Regulatory Flexibility Analysis regarding the prevalence of small entities that may be affected by the proposed procedures. Comments on the Initial Regulatory Flexibility Analysis must be filed in accordance with the same filing deadlines as comments on the NPRM, but they must have a separate and distinct heading designating them as responses to the Initial Regulatory Flexibility Analysis. The Commission's Office of Public Affairs, Reference Operations Division, shall send a copy of this NPRM, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration in accordance with the Regulatory Flexibility Act, see 5 U.S.C.  603(a). B. Ex Parte Rules -- Non-Restricted Proceedings 97. This is a permit-but-disclose notice and comment rulemaking proceeding. Ex parte presentations are permitted except during the Sunshine Agenda period, provided they are disclosed as provided in the Commission's rules. See generally 47 C.F.R.  1.1201, 1203, and 1.1206(a). C. Comment Dates 98. Pursuant to applicable procedures set forth in Sections 1.415 and 1.419 of the Commission's rules, 47 C.F.R.  1.415 and 1.419, interested parties may file comments to the NPRM on or before May 7, 1998 and reply comments on or before May 22, 1998. To file formally in this proceeding, you must file an original and five copies of all comments, reply comments, and supporting comments. If you want each Commissioner to receive a personal copy of your comments, you must file an original plus ten copies. You should send comments and reply comments to Office of the Secretary, Federal Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. Comments and reply comments will be available for public inspection during regular business hours in the FCC Reference Center of the Federal Communications Commission, Room 239, 1919 M Street, N.W., Washington, D.C. 20554. 99. Parties are encouraged to submit comments and reply comments on diskette for possible inclusion on the Commission's Internet site so that copies of these documents may be obtained electronically. Such diskette submissions would be in addition to and not a substitute for the formal filing requirements presented above. Parties submitting diskettes should submit them to the Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, 2100 M Street, N.W., Washington, D.C. 20554. Such a submission should be on a 3.5 inch diskette formatted in an IBM compatible form using Word Perfect 5.1 for Windows software. The diskette should be submitted in "read only" mode, and should be clearly labelled with the party's name, proceeding, type of pleading (comment or reply comment), and date of submission. 100. Written comments by the public on the proposed and/or modified information collections are due at the same time as other comments on this NPRM. Written comments must be submitted by the Office of Management and Budget (OMB) on the proposed and/or modified information collections on or before 60 days after the date of publication in the Federal Register. In addition to filing comments with the Secretary, a copy of any comments on the information collections contained herein should be submitted to: Judy Boley, Federal Communications Commission, Room 234, 1919 M Street, N.W., Washington, DC 20554, or via the Internet to jboley@fcc.gov and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725 - 17th Street, N.W., Washington, DC 20503 or via the Internet to fain_t@al.eop.gov. D. Initial Paperwork Reduction Act of 1995 Analysis 101. This NPRM contains either a proposed or modified information collection. As part of its continuing effort to reduce paperwork burdens, we invite the general public and the Office of Management and Budget (OMB) to take this opportunity to comment on the information collections contained in this NPRM, as required by the Paperwork Reduction Act of 1995, Pub. L. No. 104-13. Public and agency comments are due at the same time as other comments on this NPRM; OMB comments are due 60 days from date of publication of this NPRM in the Federal Register. Comments should address: (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. E. Ordering Clauses 102. IT IS ORDERED that, pursuant to the authority of Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 161, 303(g), 303(r), and 332(c)(7), this NOTICE OF PROPOSED RULEMAKING is hereby ADOPTED. 103. IT IS FURTHER ORDERED that the Commission's Office of Public Affairs, Reference Operations Division, SHALL SEND a copy of this NOTICE OF PROPOSED RULEMAKING, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. F. Further Information 104. For further information concerning the NPRM, contact Wilbert E. Nixon, Jr., Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, (202) 418-7240, or Susan Magnotti, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, (202) 418-0871. Finally, the Wireless Telecommunications Bureau in conjunction with the Office Of Managing Director will work to coordinate the ULS and fee collection. The fee collection process will be consistent with our objective to streamline application procedures. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary TABLE OF CONTENTS FORM APPENDIX A Form 601 FCC Application for Wireless Telecommunications Bureau Radio Service Authorization Form 601, Schedule A Schedule for Multiple Call Signs or File Numbers Form 601, Schedule B Schedule for Auctionable Services Form 601, Schedule C Border Area Schedule for Auctionable Services Form 601, Schedule D Wireless Telecommunications Services Schedule for Fixed Station Locations and Antenna Structures Form 601, Schedule E Wireless Telecommunications Services Schedule for Schedule for Mobile, Temporary Fixed, and 6.1 Meter Control Station Locations Form 601, Schedule F Technical Data Schedule for Cellular and Air-Ground (Commercial Aviation) Radio Telephone Services (Part 22) Form 601, Schedule G Technical Data Schedule for Maritime and Aviation Services (Parts 80 and 87) Form 601, Schedule H Technical Data Schedule for Private Land Mobile and Broadcast Auxiliary Land Mobile Radio Services (Parts 90 and 74) Form 601, Schedule I Technical Data Schedule for the Fixed Microwave and Broadcast Auxiliary Services (Parts 101 and 74) Form 601, Schedule J Technical Data Schedule for the Paging, Rural, Air-ground (General Aviation), and Offshore Radiotelephone Services (Part 22) Form 601, Schedule K Schedule for Required Notifications for Wireless Services Form 601, Schedule L Schedule for Extension of Time Requests for Wireless Services Form 602 FCC Ownership Disclosure Information for the Wireless Telecommunications Services Form 603 FCC Wireless Telecommunications Bureau Application for Assignment of Authorization Form 603, Schedule A Assignment Schedule for Auctionable Services Form 603, Schedule B Partition and Disaggregation Schedule Form 603, Schedule C Undefined Geographic Area Schedule Form 604 FCC Wireless Telecommunications Bureau Application for Transfer of Control Form 604, Schedule A Transfer of Control for Auctionable Services Form 605 Quick-Form Application for Authorization in the Ship, Aircraft, Amateur, Restricted and Commercial Operator, and General Mobile Radio Services Form 605, Schedule A Schedule for Additional Data for the Ship Radio Service Form 605, Schedule B Schedule for Additional Data for the Aircraft Radio Service Form 605, Schedule C Schedule for Additional Data for the Amateur Radio Service Form 605, Schedule D Schedule for Additional Data for the Commercial Radio, Restricted Radiotelephone, and Restricted Radiotelephone-Limited Use Radio Services Form 605, Schedule E Schedule for Additional Data for the General Mobile Radio Service (Part 95) Form 606 TIN Registration Form TABLE OF CONTENTS RULE APPENDICES B - N APPENDIX . . . . . . . RULE PART B Part 0 C Part 1 D Part 13 E Part 22 F Part 24 G Part 26 H Part 27 I Part 80 J Part 87 K Part 90 L Part 95 M Part 97 N Part 101 APPENDIX B PROPOSED RULES - PART 0 CURRENT RULE NUMBER SUBJECT (proposed change) PROPOSED NEW OR REVISED RULE NUMBER 0.401(b) Location of Commission offices (change to allow electronic filing of general correspondence via ULS). 0.401(b)(3) 0.408(b) OMB control numbers and expiration dates assigned pursuant to the Paperwork Reduction Act (revised to reflect new ULS forms). 0.408(b) Part 0 of Chapter 1 of Title 47 of the Code of Federal Regulations (CFR) is amended as follows: PART 0 -- COMMISSION ORGANIZATION. . #. The authority citation for part 0 continues to read as follows: Authority: 47 U.S.C. 155. . #. Section 0.401 is amended by adding subparagraph (b) (3) in the following manner: Sec. 0.401 . . . . . . Location of Commission offices. * * * * * . (b) * * * . . (3) Alternatively, applications and other filings may be se nt electronically via the Universal Licensing System (ULS). . #. Section 0.408 is amended by adding the following forms to the table in paragraph (b): Sec. 0.408 . . . . . OMB control numbers and expiration dates assigned pursuant to the Paperwork Re duction Act. * * * * * . . . . . . . . . . (b) * * * 3060-xxxx.. FCC 601........................................ x/xx/xx 3060-xxxx.. FCC 602........................................ x/xx/xx 3060-xxxx.. FCC 603........................................ x/xx/xx 3060-xxxx.. FCC 604........................................ x/xx/xx 3060-xxxx.. FCC 605........................................ x/xx/xx * * * APPENDIX C PROPOSED RULES - PART 1 CURRENT RULE NUMBER SUBJECT (proposed change) PROPOSED NEW OR REVISED RULE NUMBER 1.41 Informal Requests for Commission action (change to allow electronic filing of informal requests via ULS). 1.41 1.45 Pleadings; filing periods (change to allow electronic filing of pleadings and other documents via ULS; eliminate microfiche requirement). 1.45 1.49 Specifications as to pleadings and documents (change to allow electronic filing of pleadings and other documents via ULS and to delete microfiche requirements). 1.49 1.50 Specifications as to briefs (add specifications for briefs filed via ULS). 1.50 1.51 Number of copies of pleadings, briefs, and other papers (eliminate provision requiring extra copies for pleadings filed via ULS). 1.51(f) 1.52 Subscription and verification (change to allow electronic versions of pleadings and other documents via ULS to be acceptable for filing). 1.52 1.83(b) Applications for radio operator licenses (change organizational name from Private Radio Bureau to Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division). 1.83(b) 1.85 Suspensions of operator licenses (change organizational name from Private Radio Bureau to Licensing and Technical Analysis Branch Public Safety and Private Wireless Division). 1.85 1.106 Petitions for Reconsideration (change to allow electronic filing of petitions for reconsideration via ULS). 1.106(o) 1.821 Random selection procedures -- Scope (delete references to Public Mobile Services and DEMS). 1.821 1.823 Random selection procedures for Public Mobile Services (delete). No new rule Title - Subpart F Subpart F (revise title to refer to Wireless Radio Services). Title - Subpart F 1.901 Scope (renumbered and expanded to cover all Wireless Radio Services). 1.902 1.911 Application requirements (renumbered and paragraphs (a) and (b) amended to cover all Wireless Radio Services). 1.915 1.912 Where applications are to be filed (renumbered and revised to incorporate ULS forms, electronic and manual filing procedures). 1.913 1.914 Full disclosures (incorporated into other Part 1 rules). 1.919, 1.923 1.916 Repetitious applications (renumbered and amended to cover all Wireless Radio Services). 1.937 1.918 Amendment of applications (moved and amended to cover all Wireless Radio Services). 1.927 1.921 Procedure for obtaining a radio station authorization and commencing operation (deleted). No new rule 1.922 Forms to be used (deleted; ULS forms set forth in new rule). 1.913 1.923 Waiver of construction permit requirement (deleted). No new rule 1.924 Assignment or transfer of control, voluntary and involuntary (renumbered and amended to cover all Wireless Radio Services). 1.948 1.925 Application for special temporary authorization, temporary permit or temporary operating authority (renumbered and amended to cover all Wireless Radio Services). 1.931 1.926 Application for renewal of license (renumbered and amended to cover all Wireless Radio Services). 1.949 1.931 Requests for waiver of private radio rules (renumbered and amended to cover all Wireless Radio Services). 1.925 1.933 Installation or removal of apparatus (deleted). No new rule 1.934 Procedure with respect to amateur radio operator license (renumbered and revised to reflect new ULS forms). 1.957 1.951 How applications are distributed (deleted). No new rule 1.952 How file numbers are assigned (deleted). No new rule 1.953 How applications are processed (renumbered and revised to reflect ULS procedures). 1.926 1.955 Frequency coordination, Canada (renumbered and combined with other rules into new consolidated rule for all Wireless Radio Services). 1.923 1.958 Defective applications (renumbered and combined with other rules into new consolidated rule for all Wireless Radio Services). 1.934 1.959 Resubmitted applications (renumbered and combined with other rules into new consolidated rule for all Wireless Radio Services). 1.933, 1.934 1.961 Dismissal of applications (renumbered and combined with other rules into new consolidated rule for all Wireless Radio Services). 1.934 1.962 Public notice of acceptance for filing; petitions to deny applications of specified categories (public notice and petition sections divided; rules combined with other rules into new consolidated rule for all Wireless Radio Services). 1.933, 1.939 1.971 Grants without a hearing (renumbered and combined with other rules into new consolidated rule for all Wireless Radio Services). 1.945 1.972 Grants by random selection (deleted per Balanced Budget Act of 1997). No new rule 1.973 Designation for hearing (renumbered and combined with other rules into new consolidated rule for all Wireless Radio Services). 1.945 Station files. 1.911 Duty to respond to official communications. 1.951 1.981 Reports, annual and semi-annual (revised to reflect electronic filing). 1.981 1.1102 Schedule of charges for applications and other filings in the wireless telecommunications services (change form number to reflect ULS forms). 1.1102 1.1111 Filing locations (change to allow electronic filing of applications and other filings with attached fees via ULS). 1.1111 1.1152 Schedule of annual regulatory fees and filing locations for wireless radio services (change form number to reflect ULS forms). 1.1152 1.2003 Applications affected (change form number to reflect ULS forms). 1.2003 Part 1 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: . #. The Table of Contents for Part 1 - Subpart F is amended as follows: Subpart F - Wireless Telecommunications Services Applications and Proceedings Scope and Authority 1.901 Basis and purpose. 1.902 Scope. 1.903 Authorization required. 1.907 Definitions. Application Requirements and Procedures 1.911. . . . . . . . . Station files. 1.913 Application forms; electronic and manual filing. 1.915. . . . . . . . . General application requirements. 1.917 Who may sign applications. 1.919 Ownership information. 1.923 Content of applications. 1.925 Waivers. 1.926 Application processing; initial procedures. 1.927 Amendment of applications. 1.929 Classification of filings as major or minor. 1.931 Application for special temporary authority, temporary permit or temporary . operating authority. 1.933 Public notices. 1.934 Defective applications and dismissal. 1.935 Agreements to dismiss applications, amendments or pleadings. 1.937 Repetitious or conflicting applications. 1.939. . . . . . . . . Petitions to deny. 1.945. . . . . . . . . License grants. 1.946 Construction and coverage requirements. 1.947 Modification of licenses. 1.948 Assignment of authorization or transfer of control, notification of consummation. 1.949 Application for renewal of license. 1.951. . . . . . . . . Duty to respond to official communications 1.955. . . . . . . . . Termination of authorizations. 1.956 Settlement conference. 1.957 Procedure with respect to amateur radio operator licenses. Reports to be filed with the Commission 1.981. . . . . . . . . Reports, annual and semi-annual. . #. The authority citation for part 1 continues to read as follows: Authority: 47 U.S.C. 151, 154, 207, 303, and 309(j) unless otherwise noted. . #. Section 1.41 is amended by adding the following sentence at the end of the paragraph: Sec. 1.41 . . . . . Informal requests for Commission action. * * * In application and licensing matters pertaining to the Wireless Radio Services, as defined in section 1.904 of this part, such requests may also be sent electronically, via the ULS. . #. Section 1.45 is amended by adding a sentence to end of the introductory paragraph, deleting the last sentence of paragraph (a), and deleting the last sentence of paragraph (b) to read as follows: Sec. 1.45 . . . . . Pleadings; filing periods. * * * Pleadings associated with licenses and applications filed in the Wireless Radio Services may be filed via the ULS. . (a) Oppositions. Oppositions to any motion, petition, or request may be filed within 10 days after the original pleading is filed. . . . . . . . . . (b) Replies. The person who filed the original pleading may reply to oppositions within 5 days after the time for filing oppositions has expired. The reply shall be limited to matters raised in the oppositions, and the response to all such matters shall be set forth in a single pleading; separate replies to individual oppositions shall not be filed. * * * * * . #. Section 1.49 is amended by revising the first sentence of paragraph (a) and removing paragraph (e) to read as follows: Sec. 1.49 . . . . . . Specifications as to pleadings and documents. (a) All pleadings and documents filed in any Commission proceeding shall be either typewritten, prepared by other mechanical processing methods, or, in the case of application and licensing matters in the Wireless Radio Services, composed electronically and sent via the ULS, [and account for manually filed diskettes]. Paper pleadings and documents shall be filed on A4 (21 cm. x 29.7 cm.) or on 8\1/2\ x 11 inch (21.6 cm. x 27.9 cm.) paper with the margins set so that the printed material does not exceed 6\1/2\ x 9\1/2\ inches (16.5 cm. x 24.1 cm.). * * * * * * * (e). . . . . . . . . . [Removed] . #. Section 1.50 is revised to read as follows: Sec. 1.50 . . . . . . Specifications as to briefs. The Commission's preference is for briefs that are either typewritten, prepared by other mechanical processing methods, or, in the case of application and licensing matters in the Wireless Radio Services, composed electronically and sent via ULS. Printed briefs will be accepted only if specifically requested by the Commission. Typewritten, mechanically produced, or electronically transmitted briefs must conform to all of the applicable specifications for pleadings and documents set forth in Sec. 1.49. . #. Section 1.51 is amended by adding new paragraph (f) to read as follows: Sec. 1.51. . . . . . . Number of copies of pleadings, briefs and other papers. * * * * (f) For application and licensing matters involving the Wireless Radio Services, only one copy of a pleading, brief or other document must be filed. . #. Section 1.52 is amended by revising the third and fourth sentences to read as follows: Sec. 1.52. . . . . . . Subscription and verification. * * * Either the original document, the electronic reproduction of such original document containing the facsimile signature of the attorney or represented party, or, in the case of application and licensing matters in the Wireless Radio Services, an electronic filing via ULS is acceptable for filing. If a facsimile or electronic document is filed, the signatory shall retain the original until the Commission's decision is final and no longer subject to judicial review. * * * Sec. 1.83. . . . . . . Applications for radio operator licenses. . * * * * * . . . . . . . . . . (b) * * * This bulletin is available from the Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, 1270 Fairfield Road, Gettysburg, PA 17325-7245. . #. Section 1.85 is revised to read as follows:: Sec. 1.85. . . . . . . Suspension of operator licenses. Whenever grounds exist for suspension of an operator license, as provided in section 303(m) of the Communications Act, the Chief of the Wireless Telecommunications Bureau, with respect to amateur and commercial radio operator licenses, may issue an order suspending the operator license. No order of suspension of any operator's license shall take effect until 15 days' notice in writing of the cause for the proposed suspension has been given to the operator licensee, who may make written application to the Commission at any time within the said 15 days for a hearing upon such order. The notice to the operator licensee shall not be effective until actually received by him, and from that time he shall have 15 days in which to mail the said application. In the event that physical conditions prevent mailing of the application before the expiration of the 15-day period, the application shall then be mailed as soon as possible thereafter, accompanied by a satisfactory explanation of the delay. Upon receipt by the Commission of such application for hearing, said order of suspension shall be designated for hearing by the Chief, Wireless Telecommunications Bureau and said suspension shall be held in abeyance until the conclusion of the hearing. Upon the conclusion of said hearing, the Commission may affirm, modify, or revoke said order of suspension. If the license is ordered suspended, the operator shall send his operator license to the Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, in Washington, DC, on or before the effective date of the order, or, if the effective date has passed at the time notice is received, the license shall be sent to the Commission forthwith. . #. Section 1.106 is amended by adding a new paragraph (o) to read as follows: Sec. 1.106 . . . . . Petitions for reconsideration. * * * * * (o) Petitions for reconsideration of licensing actions, as well as oppositions and replies thereto, that are filed with respect to the Wireless Radio Services, may be filed electronically via ULS. . #. Section 1.821 is revised to read as follows: Sec. 1.821 . . . . . . Scope. . The provisions of Secs. 1.822, 1.824 and 1.825 apply as indicated to those applications for permits, licenses or authorizations in the Multichannel Multipoint Distribution Service * * * . #. Section 1.823 is removed. Sec. 1.823 . . . . . . [Removed] Subpart F of Part 1 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: . #. The title of Subpart F is revised to read as follows: Subpart F - Wireless Radio Services Applications and Proceedings . #. A new sub-title is added to read as follows: "Scope and Authority" . #. Section 1.901 is amended to read as follows: Sec. 1.901 . . . . . . Basis and purpose. These rules are issued pursuant to the Communications Act of 1934, as amended, 47 U.S.C 151 et seq. The purpose of these rules is to establish the requirements and conditions under which entities may be licensed in the Wireless Radio Services as described in Parts 13, 20, 22, 24, 26, 27, 80, 87, 90, 95, 97 and 101 of this chapter. . #. New Section 1.902 is added to read as follows: Sec. 1.902 . . . . . . Scope. In case of any conflict between the rules set forth in this subpart and the rules set forth in Parts 13, 20, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of Title 47, Chapter I of the Code of Federal Regulations, the rules in Parts 13, 20, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 shall govern. . #. New Section 1.903 is added to read as follows: Sec. 1.903 . . . . . . Authorization required. (a) General Rule. Stations in the Wireless Radio Services must be used and operated only in accordance with the rules applicable to their particular service as set forth in Title 47 of the Code of Federal Regulations and with a valid authorization granted by the Commission under the provisions of this part, except as specified in paragraph (b) of this section. (b) Restrictions. The holding of an authorization does not create any rights beyond the terms, conditions and period specified in the authorization. Authorizations may be granted upon proper application, provided that the Commission finds that the applicant is qualified in regard to citizenship, character, financial, technical and other criteria, and that the public interest, convenience and necessity will be served. See 47 U.S.C. Secs. 301, 308, and 309. (c) Subscribers. Authority for subscribers to operate mobile or fixed stations in the Wireless Radio Services, except for certain stations in the Rural Radiotelephone Service and the Air-Ground Radiotelephone Service, is included in the authorization held by the licensee providing service to them. Subscribers are not required to apply for, and the Commission does not accept, applications from subscribers for individual mobile or fixed station authorizations in the Wireless Radio Services, except as follows: individual authorizations are required to operate general aviation airborne mobile stations in the Air-Ground Radiotelephone Service. See section 22.82, 47 C.F.R. 22.82. Individual authorizations are required to operate rural subscriber stations in the Rural Radiotelephone Service, except as provided in section 22.703, 47 C.F.R. 22.703. . #. New Section 1.907 is added to read as follows: Sec 1.907. . . . . . . Definitions. Antenna power gain. The ratio of the maximum radiation intensity to that of an isotropic (omnidirectional) radiator in the far field of its main (forward direction) lobe. Antenna power input. The radio frequency peak or RMS power, as the case may be, supplied to the antenna from the antenna transmission line and its associated impedance matching network. Stations licensed pursuant to Part 97 shall use PEP as defined in section 97.3(b) for the antenna power input. Stations authorized pursuant to Part 95 shall use transmitter power as defined in section 95.639 for the antenna power input. Antenna structure. The term antenna structure includes the radiating and receiving elements, its supporting structures, towers, and all appurtenances mounted thereon. Application. A written request on a standard form for a station license as defined in Section 3(b) of the Communications Act, signed in accordance with Section 1.917 of this part, or a similar request to amend a pending application or to modify or renew an authorization. The term also encompasses requests to assign rights granted by the authorization or to transfer control of entities holding authorizations. Assigned frequency. The center of the frequency band assigned to a station. Assigned frequency bandwidth. The frequency band within which the emission of a station is authorized; the width of the band equals the necessary bandwidth plus twice the absolute value of the frequency tolerance. Auctionable license. A Wireless Radio Service authorization identified in section 1.2102 of this part for which competitive bidding is used to select from among mutually exclusive applications. Auctionable license application. A Wireless Radio Service license application identified in section 1.2102 of this part for which competitive bidding is used if the application is subject to mutually exclusive applications. Authorization. A written instrument or oral statement issued by the FCC conveying authority to operate, for a specified term, to a station in the Wireless Telecommunications Services. Authorized bandwidth. The maximum bandwidth permitted to be used by a station as specified in the station license. (See Sec. 2.202 of this chapter) Authorized power. The maximum power a station is permitted to use. This power is specified by the Commission in the station's authorization or rules. Control point. A location at which the control operator (an operator responsible for the operation of the transmitter) under the control and supervision of the licensee is stationed and performs the control operator function. Control station. A fixed station, the transmissions of which are used to control automatically the emissions or operations of a radio station, or a remote base station transmitter. Coordination area. The area associated with a station outside of which another station sharing the same or adjacent frequency band neither causes nor is subject to interfering emissions greater than a permissible level. Coordination contour. The line enclosing the coordination area. Coordination distance. The distance on a given azimuth from a station beyond which another station neither causes nor is subject to interfering emissions greater than a permissible level. Effective radiated power (ERP). The product of the power supplied to the antenna multiplied by the gain of the antenna referenced to a half-wave dipole. Equivalent Isotropically Radiated Power (EIRP). The product of the power supplied to the antenna multiplied by the antenna gain referenced to an isotropic antenna. Fixed service. A radio communications service between specified fixed points. Fixed site. The site of a transmitter or a receive antenna for a fixed station. Fixed station. A station in a fixed radio communications service. Harmful interference. Interference that endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radio communications service operating in accordance with the Radio Regulations. Microwave frequencies. As used in this part, this term refers to frequencies of 890 MHz and above. Microwave link. A link is defined as a simplex communications circuit between two points utilizing a single frequency/polarization assignment. A duplex communications circuit would require two links, one link in each direction. Mobile relay station. A fixed transmitter used to facilitate the transmission of communications between mobile units. Mobile service. A radio communication service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves. Mobile station. A radio communication station capable of being moved and which ordinarily does move. Non-auctionable license. A Wireless Radio Service authorization identified in section 1.2102 of this part for which competitive bidding is not used to select from among mutually exclusive applications. Non-auctionable license application. A Wireless Radio Service license application for which section 1.2102 of this part precludes the use of competitive bidding if the application is subject to mutually exclusive applications. Private line radio service. A service whereby facilities for communication between two or more designated points are set aside for the exclusive use or availability for use of a particular customer and authorized users during stated periods of time. Private operational fixed point-to-point microwave service. A private line radio service rendered on microwave frequencies by fixed and temporary fixed stations between points that lie within the United States or between points in the United States and points in its possessions or points in Canada or Mexico. Private Wireless Services. Wireless Radio Services authorized by Parts 80, 87, 90, 95, 97, and 101 that are not Wireless Telecommunications Services, as defined in this part. Radio station. A separate transmitter or a group of transmitters under simultaneous common control, including the accessory equipment required for carrying on a radio communications service. Radio communication. Telecommunication by means of radio waves. Receipt date. The date an electronic or paper application is received at the appropriate location at the Commission or Mellon Bank. Amendments to pending applications may result in the assignment of a new receipt date in accordance with section 1.927 of this part. Temporary fixed station. A station established in a non-permanent mode (temporary) at a specified location for up to one year. Temporary fixed operations are itinerant in nature, and are not to be confused with mobile-type operations. Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services, and provides public access to licensing information. Wireless Radio Services. All radio services authorized in Parts 13, 20, 22, 24, 26, 27, 74, 80, 87, 90, 95, 97 and 101 of this chapter, whether commercial or private in nature. Wireless Telecommunications Services. Wireless Radio Services, whether fixed or mobile, that meet the definition of "telecommunications service" as defined by 47 U.S.C.  153, as amended, and are therefore subject to regulation on a common carrier basis. Wireless Telecommunications Services include all radio services authorized by Parts 20, 22, 24, 26, and 27 of this chapter. In addition, Wireless Telecommunications Services include Public Coast Stations authorized by Part 80 of this chapter, Commercial Mobile Radio Services authorized by Part 90 of this chapter, and common carrier fixed microwave services, Local Television Transmission Service (LTTS), Local Multipoint Distribution Service (LMDS), and Digital Electronic Message Service (DEMS), authorized by Part 101 of this chapter. Written request. A request filed with the Commission on paper or electronically according to the defined procedure for submitting the particular type of request. Requests which do not otherwise have a defined submission procedure should be filed in accordance with section 1.41 of this part. . #. A new sub-title is added to read as follows: "Application Requirements and Procedures" . #. Section 1.911 is amended to read as follows: Sec. 1.911 . . . . . . Station files. Applications, notifications, correspondence, electronic filings and other material, and copies of authorizations, comprising technical, legal, and administrative data relating to each station in the Wireless Radio Services are maintained by the Commission in ULS. These files constitute the official records for these stations and supersede any other records, databases or lists from the Commission or other sources. . #. Section 1.912 is removed: Sec. 1.912 . . . . . . [Removed] . #. Section 1.913 is amended to read as follows: Sec. 1.913 . . . . . . Application forms; electronic and manual filing. (a) Application Forms. Applicants and licensees in the Wireless Radio Services shall use the following forms for all applications. These forms are: . (1) FCC Form 601, Application for Authorization in the Wireless Radio Services. The FCC Form 601 is used to apply for initial authorizations, modifications to existing authorizations, amendments to pending applications, renewals of station authorizations, developmental authorizations, special temporary authority, and notifications. . (2) FCC Form 602, Wireless Radio Services Ownership Form. The FCC Form 602 is used by applicants and licensees to provide and update ownership information as required by Sections 1.919, 1.948, 1.2112, and any other section that requires the submission of such information. . (3) FCC Form 603, Application for Assignment of Authorization. The FCC Form 603 is used to apply for Commission consent to assignments of existing authorizations. It is also used to apply for Commission consent to partial assignments of authorizations, including partitioning and/or disaggregation. . (4) FCC Form 604, Application for Transfer of Control. The FCC Form 604 is used to apply for Commission consent to the transfer of control of entities holding authorizations. . (5) FCC Form 605, Quick-form Application for Authorization for Wireless Radio Services. The FCC Form 605 is used in lieu of FCC Form 601 by applicants for certain Amateur, ship, aircraft, and General Mobile Radio Service authorizations, as well as Commercial Radio Operator Licenses. (b) Electronic filing. Except as specified in subparagraph (d) or elsewhere in this chapter, all applications using FCC Forms 601 through 605 shall be filed electronically in accordance with the electronic filing instructions provided by ULS. (c) Auctionable license applications. Auctionable license applications, as defined in section 1.907 of this part, shall also comply with the requirements of Subpart Q of this part and the applicable Commission orders and public notices issued with respect to each auction for a particular service and spectrum. (d) Manual filing. Where manual filing of Forms 601 through 605 is allowed, applications that do not require prior coordination must be submitted to the Commission at the appropriate address with the appropriate filing fee. The addresses for filing and the fee amounts for particular applications are listed in Part 1, Subpart G, of this chapter, and in the appropriate fee filing guide for each service available from the Federal Communications Commission, Washington, DC 20554. . (1) Manually filed applications requiring fees as set forth at Part 1, Subpart G, of this chapter must be filed in accordance with Sec. 0.401(b), 47 C.F.R. 0.401(b). . (2) Manually filed applications that do not require fees must be addressed and sent to Federal Communications Commission, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325-7245. (e) Applications requiring prior coordination. All applications that require frequency coordination shall, prior to filing, complete all frequency coordination requirements in service-specific rules contained within this chapter. After appropriate frequency coordination, such applications may be electronically filed via ULS or, if filed manually, must be forwarded to the appropriate address with the appropriate filing fee (if applicable) in accordance with subparagraph (d). (f) Applications for amateur licenses. Each application for a new amateur service operator/primary station license and each application involving a change in operator class must be submitted to the volunteer examiners (VEs) administering the qualifying examination. See section 97.17(c) of this chapter. The VEs are required to submit the applications of persons passing their respective examinations for amateur operator licenses to the Volunteer-Examiner Coordinator (VEC). See section 97.509(m) of this chapter. All other applications for amateur service licenses must be submitted to FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245, or electronically filed via ULS. Feeable requests for vanity call signs must be filed in accordance with Section 0.401 of this chapter or electronically filed via ULS. . #. Section 1.914 is removed: Sec. 1.914 . . . . . . [Removed] . #. New Section 1.915 is added to read as follows: Sec. 1.915 . . . . . . General application requirements. (a) General Requirement. Except as provided in subparagraph (b) of this section, for all Wireless Radio Services, station licenses, as defined in Section 308(a) of the Communications Act, as amended; construction permits; operator licenses or modifications or renewals of the preceding; waivers of the Commission's rules; assignments and transfers of control of station licenses or any rights thereunder shall be granted only upon an application filed pursuant to sections 1.913 - 1.917 of this part. (b)(1) Exception for Emergency Filings. The Commission may grant station licenses, or modifications or renewals thereof, without the filing of a formal application in the following cases: . (i) an emergency found by the Commission to involve danger to life or property or to be due to damage to equipment; . (ii) a national emergency proclaimed by the President or declared by the Congress and during the continuance of any war in which the United States is engaged, when such action is necessary for the national defense or security or otherwise in furtherance of the war effort; or . (iii) an emergency where the Commission finds that it would not be feasible to secure renewal applications from existing licensees or otherwise to follow normal licensing procedures. (2) No such authorization shall be granted for or continue in effect beyond the period of the emergency or war requiring it. The procedures to be followed for emergency requests submitted under this subparagraph are the same as for seeking special temporary authority under Section 1.931 of this part. After the end of the period of emergency, the party must submit its request by filing the appropriate FCC form in accordance with subparagraph (a). . #. New Section 1.917 is added to read as follows: Sec. 1.917 . . . . . . Who may sign applications. (a) Except as provided in paragraph (b) of this section, applications, amendments, and related statements of fact required by the Commission must be signed as follows (either electronically or manually, see subparagraph (d) below): (1) by the applicant, if the applicant is an individual; (2) by one of the partners if the applicant is a partnership; (3) by an officer, director, or duly authorized employee, if the applicant is a corporation; (4) by a member who is an officer, if the applicant is an unincorporated association; or (5) by the trustee if the applicant is an amateur radio service club. Applications, amendments, and related statements of fact filed on behalf of eligible government entities such as states and territories of the United States, their political subdivisions, the District of Columbia, and units of local government, including unincorporated municipalities, must be signed by a duly elected or appointed official who is authorized to do so under the laws of the applicable jurisdiction. (b) Applications, amendments, 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 absence from the United States, or by applicant's designated vessel master when a temporary permit is requested for a vessel. The attorney shall, when applicable, 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 or master's belief only (rather than knowledge), the attorney or master shall separately set forth the reasons for believing that such statements are true. Only the original of applications, amendments, and related statements of fact need be signed. (c) Applications, amendments, and related statements of fact need not be signed under oath. Willful false statements made therein, however, are punishable by fine and imprisonment, U.S. Code, Title 18, section 1001, and by appropriate administrative sanctions, including revocation of station license pursuant to section 312(a)(1) of the Communications Act of 1934, as amended. (d) "Signed," as used in this section, means, for manually filed applications only, an original hand-written signature or, for electronically filed applications only, an electronic signature. An electronic signature shall consist of the name of the applicant transmitted electronically via ULS and entered on the application as a signature. . #. Section 1.918 is removed: Sec. 1.918 . . . . . . [Removed] . #. New Section 1.919 is added to read as follows: Sec. 1.919 . . . . . . Ownership information. (a) Except as provided in subparagraph (f), applicants and licensees in the Wireless Radio Services shall use FCC Form 602 to provide all initial and updated ownership information required by this chapter. (b) Any applicant that is subject to ownership disclosure requirements and does not have an FCC Form 602 on file at the time it submits an auction short-form application (FCC Form 175), application for new authorization (FCC Form 601), application for assignment of authorization (FCC Form 603), or application for transfer of control (FCC Form 604) shall also file an FCC Form 602 with the application. A single FCC Form 602 may be filed for multiple applications filed by the same applicant. There is no filing fee required to submit FCC Form 602. (c) If an applicant or licensee filing an FCC Form 175, 601, 603, or 604 already has a current Form 602 on file, the applicant or licensee is not required to file an additional Form 602 but may incorporate the existing form by reference. (d) If an applicant or licensee filing an FCC Form 175, 601, 603, or 604 has an FCC Form 602 on file, it must update the ownership information contained on FCC Form 602 under the following circumstances: . (1) where additional ownership information not previously submitted on FCC Form 602 is required in connection with the filing of the particular application; or . (2) where information previously submitted on FCC Form 602 is no longer current. (e) Except as provided in subparagraph (f), applicants and licensees required to file FCC Form 602 shall include: . (1) For auctionable licenses and applications, all information required by sections 1.2105, 1.2110 and 1.2112; . (2) For non-auctionable licenses and applications, the applicant or licensee must disclose fully the real party (or parties) in interest, including (as required) a complete disclosure of the identity and relationship of those persons or entities directly or indirectly owning or controlling (or both) the applicant or licensee. (f) For applicants and licensees that are government entities or operate in services that use FCC Form 605 (application for ship, aircraft, and General Mobile Radio Service authorizations, as well as Commercial Radio Operator Licenses), filing of the FCC Form 602 is not required. . #. Section 1.921 is removed. Sec. 1.921 [Removed] . #. Section 1.922 is removed. Sec. 1.922 . . . . . . [Removed] . #. Section 1.923 is amended to read as follows: Sec. 1.923 . . . . . . Content of applications. (a) Applications must contain all information requested on the applicable form and any additional information required by the rules pertaining to the specific service for which the application is filed. (b) Antenna locations. Applications for stations at fixed locations must describe each transmitting antenna site by its geographical coordinates and also by its street address, or by reference to a nearby landmark. Geographical coordinates, referenced to NAD83, must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude. (c) Antenna structure registration. Applications proposing the use of one or more new or existing antenna structures must contain the FCC Antenna Structure Registration Number, if assigned, of each such antenna structure for which Federal Aviation Administration (FAA) notification is or was required by part 17 of this chapter prior to its construction. If, at the time an application is filed, an FCC Antenna Structure Registration Number has not been assigned for any such antenna structure, the applicant must indicate in the application whether or not, as of the date the application is filed, the antenna structure owner has registered the antenna structure with the FCC in accordance with part 17 of this chapter. (d) FAA notification. Before constructing a new antenna structure or increasing the height of an existing structure, an antenna structure owner may be required to obtain an FAA determination of No Hazard to Air Navigation. To obtain this determination, the FAA must be notified of the planned construction or alteration. Criteria used to determine whether FAA notification is required for any particular antenna structure are contained in part 17 of this chapter. . (1) Applications proposing to use a new antenna structure or an existing antenna structure of which the height is increased must indicate whether FAA notification is required by part 17 of this chapter. . (2) If FAA notification is required by part 17 of this chapter, a copy of the FAA determination or the FAA study number should be included in the application. However, if the FAA determination is not available at the time the application is filed, the application must include the following information in regard to the FAA notification: the name of the person that submitted the notification, the date the notification was submitted, and the location of the FAA office to which the notification was submitted. . (3) If FAA notification is not required by part 17 of this chapter, the application must so indicate and, unless the reason therefor is obvious (e.g., antenna structure height is less than 6.10 meters above ground level), must contain a statement explaining why FAA notification is not required. (e) Environmental concerns. Each applicant is required to indicate at the time its application is filed whether or not a Commission grant of the application may have a significant environmental effect, as defined by Sec. 1.1307 of this chapter. If answered affirmatively, an Environmental Assessment, required by Sec. 1.1311 of this chapter, must be filed with the application and environmental review by the Commission must be completed prior to construction. (f) Quiet zones. Quiet zones are those areas where it is necessary to restrict radiation so as to minimize possible impact on the operations of radio astronomy or other facilities that are highly sensitive to radio frequency interference. Applications that propose service in a quiet zone must comply with service-specific showings with respect to quiet zones as required by the Commission's rules. (g) Frequency coordination, Canada. (1) As a result of mutual agreements, the Commission has, since May 1950, had an arrangement with the Industry Canada for the exchange of frequency assignment information and engineering comments on proposed assignments along the Canada-United States borders in certain bands above 30 MHz. Except as provided in subparagraph (2) of this section, this arrangement involves assignments in the following frequency bands. MHz 30.56-32.00. . . . . . 39.00-40.00 75.40-76.00 1850.0-2200.0 33.00-34.00. . . . . . 42.00-46.00 150.80-174.00 2450.0-2690.0 35.00-36.00. . . . . . 47.00-49.60 450-470 3700.0-4200.0 37.00-38.00. . . . . . 72.00-73.00 806.00-960.00 5925.0-7125.0 GHz 10.55-10.68. . . . . . 10.70-13.25 . (2) The following frequencies are not involved in this arrangement because of the nature of the services authorized: MHz 156.3. . . . . . . . . 156.6 157.0 and 161.6 157.30 156.35 . . . . . . . . 156.65157.05157.35 156.4 . . . . . . . . 156.7 157.1 157.40. 156.45 . . . . . . . . 156.8 157.15 156.5. . . . . . . . . 156.9 157.20 156.55 . . . . . . . . 156.95157.25 . (3) Assignments proposed in accordance with the railroad industry radio frequency allotment plan along the United States-Canada borders utilized by the Federal Communications Commission and the Industry Canada, respectively, may be excepted from this arrangement at the discretion of the referring agency. . (4) Assignments proposed in any Wireless Radio Service in frequency bands below 470 MHz appropriate to this arrangement, other than those for stations in the Domestic Public (land mobile or fixed) category, may be excepted from this arrangement at the discretion of the referring agency if a base station assignment has been made previously under the terms of this arrangement or prior to its adoption in the same radio service and on the same frequency and in the local area, and provided the basic characteristics of the additional station are sufficiently similar technically to the original assignment to preclude harmful interference to existing stations across the border. . (5) For bands below 470 MHz, the areas which are involved lie between Lines A and B and between Lines C and D, which are described as follows: . Line A--Begins at Aberdeen, Wash., running by great circle arc to the intersection of 48 deg. N., 120 deg. W., thence along parallel 48 deg. N., to the intersection of 95 deg. W., thence by great circle arc through the southernmost point of Duluth, Minn., thence by great circle arc to 45 deg. N., 85 deg. W., thence southward along meridian 85 deg. W., to its intersection with parallel 41 deg. N., thence along parallel 41 deg. N., to its intersection with meridian 82 deg. W., thence by great circle arc through the southernmost point of Bangor, Maine, thence by great circle arc through the southern-most point of Searsport, Maine, at which point it terminates; and Line B--Begins at Tofino, B.C., running by great circle arc to the intersection of 50 deg. N., 125 deg. W., thence along parallel 50 deg. N., to the intersection of 90 deg. W., thence by great circle arc to the intersection of 45 deg. N., 79 deg. 30' W., thence by great circle arc through the northernmost point of Drummondville, Quebec (lat: 45 deg.52' N., long: 72 deg.30' W.), thence by great circle arc to 48 deg.30' N., 70 deg. W., thence by great circle arc through the northernmost point of Campbellton, N.B., thence by great circle arc through the northernmost point of Liverpool, N.S., at which point it terminates. . Line C--Begins at the intersection of 70 deg. N., 144 deg. W., thence by great circle arc to the intersection of 60 deg. N., 143 deg. W., thence by great circle arc so as to include all of the Alaskan Panhandle; and . Line D--Begins at the intersection of 70 deg. N., 138 deg. W., thence by great circle arc to the intersection of 61 deg.20' N., 139 deg. W., (Burwash Landing), thence by great circle arc to the intersection of 60 deg.45' N., 135 deg. W., thence by great circle arc to the intersection of 56 deg. N., 128 deg. W., thence south along 128 deg. meridian to Lat. 55 deg. N., thence by great circle arc to the intersection of 54 deg. N., 130 deg. W., thence by great circle arc to Port Clements, thence to the Pacific Ocean where it ends. . (6) For all stations using bands between 470 MHz and 1000 MHz; and for any station of a terrestrial service using a band above 1000 MHz, the areas which are involved are as follows: . (i) For a station the antenna of which looks within the 200 deg. sector toward the Canada-United States borders, that area in each country within 35 miles of the borders; . (ii) For a station the antenna of which looks within the 160 deg. sector away from the Canada-United States borders, that area in each country within 5 miles of the borders; and . (iii) The area in either country within coordination distance as described in Recommendation 1A of the Final Acts of the EARC, Geneva, 1963 of a receiving earth station in the other country which uses the same band. . (7) Proposed assignments in the space radiocommunication services and proposed assignments to stations in frequency bands allocated coequally to space and terrestrial services above 1 GHz are not treated by these arrangements. Such proposed assignments are subject to the regulatory provisions of the International Radio Regulations. . (8) Assignments proposed in the frequency band 806-890 MHz shall be in accordance with the Canada-United States agreement, dated April 7, 1982. . #. Section 1.924 is removed: Sec. 1.924 . . . . . . [Removed] . #. Section 1.925 is amended to read as follows: Sec. 1.925 . . . . . . Waivers. (a) Waiver Requests Generally. The Commission may waive specific requirements of the rules in this Subpart on its own motion or upon request. The fees for such waiver requests are set forth in Section 1.1101 of this part. (b) Procedure and Format for Filing Waiver Requests. . (1) Requests for waiver of rules, unless contained in the body of another FCC Form, must be filed on FCC Form 601 or 605. . (2) Requests for waiver must contain a complete explanation as to why the waiver is desired. If the information necessary to support a waiver request is already on file, the applicant may cross-reference the specific filing where the information may be found. . (3) The Commission may grant a request for waiver if it is shown that: . (i) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; . (ii) In view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest; or . (ii) The applicant has no reasonable alternative. . (4) Applicants requiring expedited processing of their request for waiver shall clearly caption their request for waiver with the words "WAIVER--EXPEDITED ACTION REQUESTED." (c) Action on Waiver Requests. . (1) The Commission, in its discretion, may give public notice of the filing of a waiver request and seek comment from the public or affected parties. . (2) Denial of a rule waiver request associated with an application renders that application defective unless it contains an alternative proposal that fully complies with the rules, in which event, the application will be processed using the alternative proposal as if the waiver had not been requested. Applications rendered defective may be dismissed without prejudice. . #. Section 1.926 is amended to read as follows: Sec. 1.926 . . . . . . Application processing; initial procedures. Applications are assigned file numbers and service codes in order to facilitate processing. Assignment of a file number to an application is for administrative convenience and does not constitute a determination that the application is acceptable for filing. Purpose and service codes appear on the Commission forms. . #. New Section 1.927 is added to read as follows: Sec. 1.927 . . . . . . Amendment of applications. (a) Pending applications may be amended as a matter of right if they have not been designated for hearing or listed in a Public Notice as accepted for filing, except as provided in paragraphs (b) through (e) of this section. Applicants may be required by service-specific rules to obtain a new frequency coordination to amend technical parameters on applications. (b) Applicants for an initial license in auctionable services may amend such applications only in accordance with Subpart Q of this part. (c) Amendments to applications that resolve mutual exclusivity in non-auctionable licenses may be filed at any time, subject to the requirements of Section 1.945 of this part. (d) Any amendment to an application for modification must be consistent with, and must not conflict with, any other application for modification regarding that same station. (e) Amendments to applications designated for hearing may be allowed by the presiding officer or, when a proceeding is stayed or otherwise pending before the full Commission, may be allowed by the Commission for good cause shown. In such instances, a written petition demonstrating good cause must be submitted and served upon the parties of record. (f) Amendments to applications are also subject to the service-specific rules in applicable parts of this chapter. (g) Where an amendment to an application specifies a substantial change in beneficial ownership or control (de jure or de facto) of an applicant, the applicant must provide an exhibit with the amendment application containing an affirmative, factual showing as set forth in section 1.948(g)(2). . #. New Section 1.929 is added to read as follows: Sec. 1.929 . . . . . . Classification of filings as major or minor. (a) Application filings, including applications to modify existing licenses and amendments to pending applications, are classified as major or minor. Categories of major and minor filings are listed in section 309 of the Communications Act of 1934, as amended (47 U.S.C.  309). (b) The following changes are considered major for all Wireless Radio Services, whether licensed geographically or on a site-specific basis: . (1) Any substantial change in ownership or control, but see section 1.927(g); . (2) Any addition or change in frequency, excluding removing a frequency; . (3) Any request for partitioning or disaggregation; . (4) Any modification or amendment requiring an environmental assessment (as governed by Secs. 1.1301-1319); or . (5) Any modification or amendment requiring notification to the Federal Aviation Administration as defined in 47 C.F.R. Part 17, Subpart B. (c) In addition to those changes listed in subparagraph (b) above, the following are major changes applicable to stations licensed to provide base-to-mobile, mobile-to-base, mobile-to-mobile, or repeater communications on a site-specific basis: . (1) Any increase in antenna height above average terrain (HAAT); . (2) Any increase in effective radiated power (ERP); . (3) Any change in latitude or longitude; or . (4) Any increase or expansion of coverage area (in this context, coverage area is defined in the rule parts governing the particular radio services). (d) In addition to those changes listed in subparagraphs (b) and (c) above, the following are major changes applicable to stations licensed to provide exclusively fixed point-to-point, multipoint-to-point, or point-to-multipoint communications on a site-specific basis: . (1) Any change in transmit antenna location by more than 5 seconds in latitude or longitude (e.g., a 5 second change in both latitude and longitude would be minor); . (2) Any increase in frequency tolerance; . (3) Any increase in bandwidth; . (4) Any change in emission type; . (5) Any increase in EIRP greater than 3 dB; . (6) Any increase in transmit antenna height (above mean sea level) more than 3 meters; . (7) Any increase in transmit antenna beamwidth; . (8) Any change in transmit antenna polarization; . (9) Any change in transmit antenna azimuth greater than 1 degree; . (10) Any change in latitude or longitude that requires special aeronautical study; or . (11) Any change which together with all minor modifications or amendments since the last major modification or amendment produces a cumulative effect greater than any of the above major criteria. (e) In the DEMS, in addition to those major changes listed in subparagraphs (b) and (c) above, changes to applications and authorizations will be considered major if they would result in . (1) any increase in EIRP greater than 1.5 dB; or . (2) any increase in antenna height less than 3.0 meters (10 feet) above the originally authorized height where the overall height of the antenna structure is not increased as a result of the antenna extending above the height of the originally authorized structure, except where the new height of the antenna structure is 6.1 meters (20 feet) or less after the change is made. (f) For applications and modifications in all of the Wireless Radio Services, the following changes are considered minor: (1) Any non-substantial (pro forma) change in ownership or control; . (2) Any name change not involving a substantial change in ownership or control; . (3) Any address and/or telephone number changes; . (4) Any changes in contact person; . (5) Any change to a site where the licensee's interference contours are not extended and co-channel separation criteria are met; . (6) Any conversion of site-specific licenses into a single geographic license where there is no change in the licensee's aggregate service area; or . (7) Any other change not listed in this section as major. . #. Section 1.931 is amended to read as follows: Sec. 1.931 Application for special temporary authority, temporary permit or temporary operating authority. (a) Wireless Telecommunications Services. . (1) In circumstances requiring immediate or temporary use of Wireless Telecommunications Services stations, carriers may request special temporary authority (STA) to operate new or modified equipment. Such requests must be filed electronically using FCC Form 601 and must contain complete details about the proposed operation and the circumstances that fully justify and necessitate the grant of STA. Such requests should be filed in time to be received by the Commission at least 10 days prior to the date of proposed operation or, where an extension is sought, 10 days prior to the expiration date of the existing STA. Requests received less than 10 days prior to the desired date of operation may be given expedited consideration only if compelling reasons are given for the delay in submitting the request. Otherwise, such late-filed requests are considered in turn, but action might not be taken prior to the desired date of operation. Requests for STA must be accompanied by the proper filing fee. . (2) Grant without Public Notice. STA may be granted without being listed in a Public Notice, or prior to 30 days after such listing, if: (A) The STA is to be valid for 30 days or less and the applicant does not plan to file an application for regular authorization of the subject operation; (B) The STA is to be valid for 60 days or less, pending the filing of an application for regular authorization of the subject operation; (C) The STA is to allow interim operation to facilitate completion of authorized construction or to provide substantially the same service as previously authorized; or . (D) The STA is made upon a finding that there are extraordinary circumstances requiring operation in the public interest and that delay in the institution of such service would seriously prejudice the public interest. . (3) Limit on STA term. The Commission may grant STA for a period not to exceed 180 days under the provisions of section 309(f) of the Communications Act of 1934, as amended, (47 U.S.C. 309(f)) if extraordinary circumstances so require, and pending the filing of an application for regular operation. The Commission may grant extensions of STA for a period of 180 days, but the applicant must show that extraordinary circumstances warrant such an extension. (b) Private Wireless Services. . (1) A licensee of, or an applicant for, a station in the Private Wireless Services may request STA not to exceed 180 days for (A) operation of a new station or (B) operation of a licensed station in a manner which is beyond the scope of that authorized by the existing license. See sections 1.962(b)(5) and (f). For those Private Wireless Services that are Common Carrier Services, such requests must be filed electronically. Where the applicant, seeking a waiver of the 180 day limit, requests STA to operate as a private mobile radio service provider for a period exceeding 180 days, evidence of frequency coordination is required. Requests for shorter periods do not require coordination and, if granted, will be authorized on a secondary, non-interference basis. . (2) STA may be granted in the following circumstances: . (A) In emergency situations; . (B) To permit restoration or relocation of existing facilities to continue communication service; . (C) To conduct tests to determine necessary data for the preparation of an application for regular authorization; . (D) For a temporary, non-recurring service where a regular authorization is not appropriate; . (E) In other situations involving circumstances which are of such extraordinary nature that delay in the institution of temporary operation would seriously prejudice the public interest. . (3) The nature of the circumstance which, in the opinion of the applicant justifies issuance of STA, must be fully described in the request. Applications for STA must be filed at least 10 days prior to the proposed operation. Applications filed less than 10 days prior to the proposed operation date will be accepted only upon a showing of good cause. . (4) The Commission may grant extensions of STA for a period of 180 days, but the applicant must show that extraordinary circumstances warrant such an extension. . (5) In special situations defined in sec. 1.915(b)(1), a request for STA may be made by telephone or telegraph provided a properly signed application is filed within 10 days of such request. . (6) An applicant for an Aircraft Radio Station License may operate the radio station pending issuance of an Aircraft Radio Station License by the Commission for a period of 90 days under temporary operating authority, evidenced by a properly executed certification made on FCC Form 605. . (7)(7) Unless the Commission otherwise prescribes, a person who has been granted an operator license of Novice, Technician, Technician Plus, General, or Advanced class and who has properly submitted to the administering VEs an application document for an operator license of a higher class, and who holds a CSCE indicating that he/she has completed the necessary examinations within the previous 365 days, is authorized to exercise the rights and privileges of the higher operator class until final disposition of the application or until 365 days following the passing of the examination, whichever comes first. . (8) An applicant for a Ship Radio station license may operate the radio station pending issuance of the ship station authorization by the Commission for a period of 90 days, under a temporary operating authority, evidenced by a properly executed certification made on FCC Form 605. . (9) An applicant for a station license in the Industrial/Business pool (other than an applicant who seeks to provide commercial mobile radio service as defined in Part 20 of this chapter) utilizing an already authorized facility may operate the station for a period of 180 days, under a temporary permit, evidenced by a properly executed certification made on FCC Form 605, after filing an application for a station license together with evidence of frequency coordination, if required, with the Commission. The temporary operation of stations, other than mobile stations, within the Canadian coordination zone will be limited to stations with a maximum of 5 watts effective radiated power and a maximum antenna height of 20 feet (6.1 meters) above average terrain. . (10) An applicant for a radio station license under Part 90, Subpart S, of this chapter (other than an applicant who seeks to provide commercial mobile radio service as defined in Part 20 of this chapter) to utilize an already existing Specialized Mobile Radio System (SMR) facility or to utilize an already licensed transmitter may operate the radio station for a period of up to 180 days, under a temporary permit. Such request must be evidenced by a properly executed certification of FCC Form 601 after the filing of an application for station license, provided that the antenna employed by the control station is a maximum of 20 feet (6.1 meters) above a man-made structure (other than an antenna tower) to which it is affixed. . (11) An applicant for an itinerant station license, an applicant for a new private land mobile radio station license in the frequency bands below 470 MHz and in the one-way paging 929-930 MHz band or an applicant seeking to modify or acquire through assignment or transfer an existing station below 470 MHz or in the one-way paging 929-930 MHz band may operate the proposed station during the pendency of its application for a period of up to 180 days under a conditional permit. Conditional operations may commence upon the filing of a properly completed application that complies with sec. 90.127 if the application, when frequency coordination is required, is accompanied by evidence of frequency coordination in accordance with sec. 90.175 of this chapter. Operation under such a permit is evidenced by the properly executed Form 601 with certifications that satisfy the requirements of sec. 90.159(b). . (12) An applicant for a General Mobile Radio Service system license, sharing a multiple-licensed base station used as a mobile relay station, may operate the system for a period of 180 days, under a Temporary Permit, evidenced by a properly executed certification made on FCC Form 605. . #. Section 1.933 is amended to read as follows: Sec. 1.933 . . . . . . Public notices. (a) Generally. Periodically, the Commission issues Public Notices in the Wireless Radio Services listing major filings and other information of public significance. Categories of Public Notice listings are as follows: . (1) Accepted for filing. Acceptance for filing of applications and major amendments thereto. . (2) Actions. Commission actions on pending applications previously listed as accepted for filing. . (3) Environmental Considerations. Special environmental considerations as required by Part 1 of this chapter. . (4) Informative listings. Information that the Commission, in its discretion, believes to be of public significance. Such listings do not create any rights to file petitions to deny or other pleadings. (b) Accepted for Filing Public Notices. The Commission will issue at regular intervals Public Notices listing applications that have been received by the Commission in a condition acceptable for filing, or which have been returned to an applicant for correction. Any application that has been listed as acceptable for filing and is (1) subject to a major amendment, or (2) has been returned as defective or incomplete and resubmitted to the Commission, shall be listed in a subsequent Public Notice pursuant to Section 1.959. Acceptance for filing shall not preclude the subsequent dismissal of an application as defective. (c) Public Notice prior to grant. Applications for authorizations, major modifications, major amendments to applications, and substantial assignment or transfer applications for the following categories of stations and services shall be placed on Public Notice as accepted for filing prior to grant: . (1) Wireless Telecommunications Services. . (2) Industrial radiopositioning stations for which frequencies are assigned on an exclusive basis. . (3) Aeronautical enroute stations. . (4) Airport control tower stations. . (5) Aeronautical fixed stations. (d) No Public Notice prior to grant. The following types of applications, notices, and other filings need not be placed on Public Notice as accepted for filing prior to grant: . (1) Applications for authorizations, major modifications, and major amendments to applications in the Private Wireless Services. . . (2) Applications or notifications concerning minor modifications to authorizations or minor amendments to applications. . (3) Applications or notifications concerning non-substantial (pro forma) assignments and transfers. . (4) Consent to an involuntary assignment or transfer under section 310(b) of the Communications Act. . (5) Applications for licenses under section 319(c) of the Communications Act. . (6) Requests for extensions of time to complete construction of authorized facilities. . (7) Requests for special temporary authorization not to exceed 30 days where the applicant does not contemplate the filing of an application for regular operation, or not to exceed 60 days pending or after the filing of an application for regular operation. . (8) Requests for authorizations under section 308(a) of the Communications Act. . (9) Any application for temporary authorization under section 101.31(a) of this chapter. . #. Section 1.934 is amended to read as follows: Sec. 1.934 . . . . . . Defective applications and dismissal. (a) Dismissal of applications. The Commission may dismiss any application for authorization, consent to assignment of authorization, or consent to transfer of control in the Wireless Radio Services at the request of the applicant; if the application is mutually exclusive with another application that is selected or granted in accordance with the rules in this part; for failure to prosecute or if the application is found to be defective; if the requested spectrum is not available; or if the application is untimely filed. Such dismissal may be "without prejudice," meaning that the Commission may accept from the applicant another application for the same purpose at a later time, provided that the application is otherwise timely. Dismissal "with prejudice" means that the Commission will not accept another application from the applicant for the same purpose for a period of one year. Unless otherwise provided in this part, a dismissed application will not be returned to the applicant. . (1) Dismissal at request of applicant. Any applicant may request that its application be withdrawn or dismissed. A request for the withdrawal of an application after it has been listed on Public Notice as tentatively accepted for filing is considered to be a request for dismissal of that application without prejudice. (i) If the applicant requests dismissal of its application with prejudice, the Commission will dismiss that application with prejudice. (ii) If the applicant requests dismissal of its application without prejudice, the Commission will dismiss that application without prejudice, unless: (A) It has been designated for comparative hearing; or (B) It is an application for which the applicant submitted the winning bid in a competitive bidding process. . (2) If an applicant who is a winning bidder for a license in a competitive bidding process requests dismissal of its short-form or long-form application, the Commission will dismiss that application with prejudice. The applicant will also be subject to default payments under Subpart Q of this Part. . (3) An applicant who requests dismissal of its application after that application has been designated for comparative hearing may submit a written petition requesting that the dismissal be without prejudice. Such petition must demonstrate good cause and be served upon all parties of record. The Commission may grant such petition and dismiss the application without prejudice or deny the petition and dismiss the application with prejudice. (b) Dismissal of mutually exclusive applications not granted. The Commission may dismiss mutually exclusive applications: (1) For which the applicant did not submit the winning bid in a competitive bidding process; or (2) That receive comparative consideration in a hearing but are not granted by order of the presiding officer. (c) Dismissal for failure to prosecute. The Commission may dismiss applications for failure of the applicant to prosecute or for failure of the applicant to respond substantially within a specified time period to official correspondence or requests for additional information. Such dismissal will generally be without prejudice if the failure to prosecute or respond occurred prior to designation of the application for comparative hearing, but may be with prejudice in cases of non-compliance with section 1.945. Dismissal will generally be with prejudice if the failure to prosecute or respond occurred after designation of the application for comparative hearing. The Commission may dismiss applications with prejudice for failure of the applicant to comply with requirements related to a competitive bidding process. (d) Dismissal as defective. The Commission may dismiss without prejudice applications that it finds to be defective. Applications for authorization or assignment of authorization are defective if: . (1) They are unsigned or incomplete with respect to required answers to questions, informational showings, or other matters of a formal character; . . (2) They request an authorization that would not comply with one or more of the Commission rules and do not contain a request for waiver of these rule(s); or . . (3) The appropriate filing fee has not been paid. (e) Dismissal because spectrum not available. The Commission may dismiss applications that request spectrum which is unavailable because: . (1) It is not allocated for assignment in the specific service requested; . (2) It was previously assigned to another licensee on an exclusive basis or cannot be assigned to the applicant without causing interference; or . (3) Reasonable efforts have been made to coordinate the proposed facility with foreign administrations under applicable international agreements, and an unfavorable response (harmful interference anticipated) has been received. (f) Dismissal as untimely. The Commission may dismiss without prejudice applications that are premature or late filed, including applications filed prior to the opening date or after the closing date of a filing window, or after the cut-off date for a mutually exclusive application filing group . #. New Section 1.935 is added to read as follows: Sec. 1.935 . . . . . . Agreements to dismiss applications, amendments or pleadings. Parties that have filed applications that are mutually exclusive with one or more other applications, and then enter into an agreement to resolve the mutual exclusivity by withdrawing or requesting dismissal of the application(s), specific frequencies on the application or an amendment thereto, must obtain the approval of the Commission. Parties that have filed or threatened to file a petition to deny, informal objection or other pleading against an application and then seek to withdraw or request dismissal of, or refrain from filing, the petition, either unilaterally or in exchange for a financial consideration, must obtain the approval of the Commission. (a) The party withdrawing or requesting dismissal of its application (or specific frequencies on the application), petition to deny, informal objection or other pleading or refraining from filing a pleading must submit to the Commission a request for approval of the withdrawal or dismissal, a copy of any written agreement related to the withdrawal or dismissal, and an affidavit setting forth: . (1) A certification that neither the party nor its principals has received or will receive any money or other consideration in excess of the legitimate and prudent expenses incurred in preparing and prosecuting the application, petition to deny, informal objection or other pleading in exchange for the withdrawal or dismissal of the application, petition to deny, informal objection or other pleading, or threat to file a pleading, except that this provision does not apply to dismissal or withdrawal of applications pursuant to bona fide merger agreements; . (2) The exact nature and amount of any consideration received or promised; . (3) An itemized accounting of the expenses for which it seeks reimbursement; and . (4) The terms of any oral agreement related to the withdrawal or dismissal of the application, petition to deny, informal objection or other pleading, or threat to file a pleading. (b) In addition, within 5 days of the filing date of the applicant's or petitioner's request for approval, each remaining party to any written or oral agreement must submit an affidavit setting forth: . (1) A certification that neither the applicant nor its principals has paid or will pay money or other consideration in excess of the legitimate and prudent expenses of the petitioner in exchange for withdrawing or dismissing the application, petition to deny, informal objection or other pleading; and (2) The terms of any oral agreement relating to the withdrawal or dismissal of the application, petition to deny, informal objection or other pleading. (c) No person shall make or receive any payments in exchange for withdrawing a threat to file or refraining from filing a petition to deny, informal objection, or any other pleading against an application. For the purposes of this section, reimbursement by an applicant of the legitimate and prudent expenses of a potential petitioner or objector, incurred reasonably and directly in preparing to file a petition to deny, will not be considered to be payment for refraining from filing a petition to deny or an informal objection. Payments made directly to a potential petitioner or objector, or a person related to a potential petitioner or objector, to implement non- financial promises are prohibited unless specifically approved by the Commission. (d) For the purposes of this section: . (1) Affidavits filed pursuant to this section must be executed by the filing party, if an individual; a partner having personal knowledge of the facts, if a partnership; or an officer having personal knowledge of the facts, if a corporation or association. . (2) Each application, petition to deny, informal objection or other pleading is deemed to be pending before the Commission from the time the petition to deny is filed with the Commission until such time as an order or correspondence of the Commission granting, denying or dismissing it is no longer subject to reconsideration by the Commission or to review by any court. . (3) "Legitimate and prudent expenses" are those expenses reasonably incurred by a party in preparing to file, filing, prosecuting and/or settling its application, petition to deny, informal objection or other pleading for which reimbursement is sought. . (4) "Other consideration" consists of financial concessions, including, but not limited to, the transfer of assets or the provision of tangible pecuniary benefit, as well as non-financial concessions that confer any type of benefit on the recipient. (e) Notwithstanding the provisions of this section, any payments made or received in exchange for withdrawing a short-form application for a Commission authorization awarded through competitive bidding shall be subject to the restrictions set forth in Sec. 1.2105(c) of this chapter. . #. New Section 1.937 is added to read as follows: Sec. 1.937 . . . . . . Repetitious or conflicting applications. (a) Where the Commission has, for any reason, dismissed an application for a new station or for any modification of services or facilities with prejudice, or revoked the license for a radio station in the Wireless Radio Services, the Commission will not consider a like or new application involving service of the same kind to substantially the same area by substantially the same applicant, its successor or assignee, or on behalf of or for the benefit of the original parties in interest, until after the lapse of 12 months from the effective date of final Commission action. (b) If an applicant has been afforded an opportunity for a hearing with respect to an application for a new station or an enlargement of service area, and the Commission has, after hearing or default, denied the application or dismissed it with prejudice, the Commission will not consider a like application for service of the same type to the same area by that applicant, or by its successor or assignee, or on behalf of or for the benefit of the parties in interest to the original application, until after the lapse of 12 months from the effective date of final Commission action on the original application. (c) If an appeal has been taken from the action of the Commission denying a particular application, a like application for service of the same type to the same area, in whole or in part, filed by that applicant or by its successor or assignee, or on behalf or for the benefit of the parties in interest to the original application, will not be considered until the final disposition of such appeal. (d) If an authorization is automatically terminated because of failure to commence service, the Commission will not consider an application for another authorization to operate a station on the same channel in the same service area by that party, or by its successor or assignee, or on behalf of or for the benefit of the parties in interest to the terminated authorization, until one year after the date the authorization terminated. (e) While an application is pending, any subsequent inconsistent or conflicting application submitted by, on behalf of, or for the benefit of the same applicant, its successor or assignee will not be accepted for filing. . #. New Section 1.939 is added to read as follows: Sec. 1.939 . . . . . . Petitions to deny. (a) Who may file. Any party in interest may file with the Commission a petition to deny any application listed in a Public Notice as accepted for filing, whether as filed originally or upon major amendment as defined in section 1.929. . (1) For auctionable license applications, petitions to deny, and related pleadings are governed by the procedures set forth in section 1.2108. . (2) Petitions to deny for non-auctionable applications that are subject to petitions under section 309(d) of the Communications Act must comply with the provisions of this section and must be filed no later than 30 days after the date of the Public Notice listing the application or major amendment to the application as accepted for filing. (b) Filing of petitions. Petitions to deny and related pleadings may be filed electronically via ULS. Manually filed petitions to deny must be filed with the Office of the Secretary, 1919 M Street, Washington, DC 20554. (c) Service. A petitioner shall serve a copy of its petition to deny on the applicant and on all other interested parties pursuant to section 1.47. Oppositions and replies shall be served on the petitioner and all other interested parties. (d) Content. A petition to deny must contain specific allegations of fact sufficient to make a prima facie showing that the petitioner is a party in interest and that a grant of the application would be inconsistent with the public interest, convenience and necessity. Such allegations of fact, except for those of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof. (e) Petitions to deny amended applications. Petitions to deny a major amendment to an application may raise only matters directly related to the major amendment that could not have been raised in connection with the application as originally filed. This paragraph does not apply to petitioners who gain standing because of the major amendment. (f) Oppositions and replies. The applicant and any other interested party may file an opposition to any petition to deny and the petitioner may file a reply thereto in which allegations of fact or denials thereof, except for those of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof. Time for filing of oppositions and replies is governed by section 1.45 for non-auctionable services and section 1.2108 for auctionable services. (g) The Commission must state its reason(s) for the dismissal. (f) Commission action. The Commission may dismiss any petition to deny if the petition does not comply with the requirements of this section or other sections of this chapter. When a petition to deny is dismissed, any related responsive pleadings are dismissed. If a petition to deny has been filed and the Commission grants the application, the Commission will deny the petition. The Commission must issue a concise statement of the reason(s) for dismissing or denying the petition and disposing of all substantive issues raised therein. . #. New Section 1.945 is added to read as follows: Sec. 1.945 . . . . . . License grants. (a) License Grants - Auctionable license applications. Procedures for grant of licenses awarded through competitive bidding are set forth in sections 1.2108 and 1.2109 of this part. (b) License Grants - Non-auctionable license applications. No application subject to the provisions of this section for an authorization not assigned by competitive bidding procedures, as originally filed or substantially amended, will be granted by the Commission prior to the 31st day following the issuance of a Public Notice of the acceptance for filing of such application or of any substantial amendment thereof, unless the application is not subject to section 309(b) of the Communications Act. (c) Grant without hearing. In the case of both auctionable license applications and non-mutually exclusive non-auctionable license applications, the Commission will grant the application without a hearing if it is proper upon its face and if the Commission finds from an examination of such application and supporting data, any pleading filed, or other matters which it may officially notice, that: . (1) There are no substantial and material questions of fact; . (2) The applicant is legally, technically, financially, and otherwise qualified; . (3) A grant of the application would not involve modification, revocation, or non-renewal of any other existing license; . (4) A grant of the application would not preclude the grant of any mutually exclusive application; and . (5) A grant of the application would serve the public interest, convenience, and necessity. (d) Designation for hearing. If the Commission is unable to make the findings prescribed in subparagraph (c), it will formally designate the application for hearing on the grounds or reasons then obtaining and will notify the applicant and all other known parties in interest of such action. . (1) Orders designating applications for hearing will specify with particularity the matters in issue. . (2) Parties in interest, if any, who are not notified by the Commission of its action in designating a particular application for hearing may acquire the status of a party to the proceeding by filing a petition for intervention showing the basis of their interest not more than 30 days after publication in the Federal Register of the hearing issues or any substantial amendment thereto. . (3) The applicant and all other parties in interest shall be permitted to participate in any hearing subsequently held upon such applications. Hearings may be conducted by the Commission or by the Chief of the Wireless Telecommunications Bureau, or, in the case of a question which requires oral testimony for its resolution, an Administrative Law Judge. The burden of proceeding with the introduction of evidence and burden of proof shall be upon the applicant, except that with respect to any issue presented by a petition to deny or a petition to enlarge the issues, such burdens shall be as determined by the Commission or the Chief of the Wireless Telecommunications Bureau. . #. New Section 1.946 is added to read as follows: Sec 1.946. . . . . . . Construction and coverage requirements. (a) Construction and commencement of service requirements. For each of the Wireless Radio Services, requirements for construction and commencement of service are set forth in the rule part governing the specific service. For purposes of this section, the period between the date of grant of an authorization and the date of required commencement of service is referred to as the construction period. (b) Coverage and substantial service requirements. In certain Wireless Radio Services, licensees must comply with geographic coverage requirements or substantial service requirements within a specified time period. These requirements are set forth in the rule part governing each specific service. For purposes of this section, the period between the date of grant of an authorization and the date that a particular degree of coverage or substantial service is required is referred to as the coverage period. (c) Termination of authorizations. If a licensee fails to commence service by the expiration of its construction period or to meet its coverage or substantial service obligations by the expiration of its coverage period, its authorization terminates without further action by the Commission. (d) Licensee notification of compliance. A licensee who commences service within the construction period or meets its coverage or substantial service obligations within the coverage period must notify the Commission by updating its FCC Form 601. The notification must be filed with the Commission within 15 days of the expiration of the applicable construction or coverage period. . (1) Where the authorization is site-specific, the notification of construction must state whether the station was constructed exactly as authorized or with minor changes. . (2) Where the authorization is site-specific, if service to subscribers has begun using some, but not all, of the authorized transmitters, the notification must show to which specific transmitters it applies. Additional notifications must be filed if and when other transmitters become operational. If the licensee no longer intends to construct or operate the remaining authorized transmitters, the notification should so state. . (3) This section does not require licensees to notify the Commission of facilities added or modified pursuant to the provisions of sections 22.163 and 22.165 of the Commission's rules. It applies only to facilities specifically listed in authorizations for which a construction or coverage period is provided. (e) Requests for extension of time. Licensees may request to extend a construction period or coverage period by filing FCC Form 601. The request must be filed before the expiration of the construction or coverage period. . (1) An extension request if the licensee shows that failure to meet the construction or coverage deadline is due to involuntary loss of site or other causes beyond its control. . (2) Extension requests will not be granted for failure to meet a construction or coverage deadline due to delays caused by a failure to obtain financing, to obtain an antenna site, or to order equipment in a timely manner. If the licensee orders equipment within 90 days of its initial license grant, a presumption of diligence is established. . (3) Extension requests will not be granted for failure to meet a construction or coverage deadline because the licensee undergoes a transfer of control or because the licensee intends to assign the authorization. The Commission will not grant extension requests solely to allow a transferee or assignee to complete facilities that the transferor or assignor failed to construct. . (4) The filing of an extension request does not automatically extend the construction or coverage period unless the request is based on involuntary loss of site or other circumstances beyond the licensee's control, in which case the construction period is automatically extended pending disposition of the extension request. . (5) A request for extension of time to construct a particular transmitter or other facility does not extend the construction period for other transmitters and facilities under the same authorization. . #. New Section 1.947 is added to read as follows: Sec 1.947. . . . . . . Modification of licenses. (a) Licensees may make minor modifications to station authorizations, as defined in Section 1.929 of this part (other than pro forma transfers and assignments), as a matter of right without prior Commission approval, but must file a notification with the Commission within thirty days of implementing any such changes. (b) All major modifications, as defined in Section 1.929 of this part, require prior Commission approval. Applications for major modifications also shall be treated as new applications for determination of filing date, Public Notice, and petition to deny purposes. (c) Multiple pending modification applications requesting changes to the same or related technical parameters on an authorization are not permitted. If a modification application is pending, any additional changes to the same or related technical parameters may be requested only in an amendment to the pending modification application. (d) Any proposed modification that requires a fee as set forth at Part 1, Subpart G, of this chapter must be filed in accordance with section 1.913. . #. New Section 1.948 is added to read as follows: Sec. 1.948 . . . . . . Assignment of authorization or transfer of control, notification of consummation. (a) General. Except as provided in this section, authorizations in the Wireless Radio Services may be assigned by the licensee to another party, voluntarily or involuntarily, directly or indirectly, or the control of a licensee holding such authorizations may be transferred, only upon application to and approval by the Commission. . (1) Licenses, permits, and authorizations for stations in the Amateur and Personal Radio Services may not be assigned or transferred. . (2) Reserved. (b) Application required. In the case of an assignment of license, the assignor must file an application for approval of the assignment on FCC Form 603. In the case of a proposed transfer of control, the transferor must file an application for approval of the transfer on FCC Form 604. (1) In the case of a non-substantial (pro forma) transfer or assignment involving a telecommunications carrier, as defined in section 153(44) of the Communications Act, filing of the Form 603 or 604 and Commission approval in advance of the proposed transaction is not required, provided that: (A) the affected license is not subject to unjust enrichment provisions under Subpart Q of this part; (B) the transfer or assignment does not involve a proxy contest; and (C) the transferee or assignee provides notice of the transaction by filing a Form 603 or 604 within 30 days of its completion, and provides any necessary updates of ownership information on Form 602. (2) In the case of an involuntary assignment or transfer, Form 603 or 604 must be filed no later than 30 days after the event causing the involuntary assignment or transfer. (c) Notification of consummation. In all Wireless Radio Services, licensees are required to notify the Commission of consummation of an approved transfer or assignment. The assignee or transferee must notify the Commission by providing the date of completion of the assignment or transfer on Form 603 or 604, and must provide updated ownership information on FCC Form 602 if the information on such form is not current. For transfers and assignments that require prior Commission approval, the transaction must be consummated and notice provided to the Commission within 60 days of public notice of approval, unless a request for an extension of time to consummate is filed prior to the expiration of this 60-day period. For transfers and assignments that do not require prior Commission approval, notice of completion of the transaction must be provided within 30 days of completion, along with any necessary updates of ownership information on Form 602. (d) Partitioning and disaggregation. Where a licensee proposes to partition or disaggregate a portion of its authorization to another party, the application will be treated as a request for partial assignment of authorization. . (1) To request Commission approval of a partial assignment of authorization, the following documents must be filed in addition to the forms required by paragraph (b) of this section: (A) The assignor must notify the Commission on FCC Form 603 of the geographic area or spectrum that will be deleted from its authorization upon consummation of the assignment. (B) The assignee must apply for a new authorization on FCC Form 601 reflecting the geographic area or spectrum that will be included under the new authorization issued as a result of the proposed partitioning or disaggregation. (e) Involuntary transfer and assignment. In the event of the death or legal disability of a permittee or licensee, a member of a partnership, or a person directly or indirectly in control of a corporation which is a permittee or licensee, the Commission shall be notified promptly of the occurrence of such death or legal disability. Within 30 days after the occurrence of such death or legal disability (except in the case of a ship or amateur station), an application shall be filed for consent to involuntary assignment of such permit or license, or for involuntary transfer of control of such corporation, to a person or entity legally qualified to succeed to the foregoing interests under the laws of the place having jurisdiction over the estate involved. The procedures and forms to be used are the same procedures and forms as those specified in paragraph (b) of this section. In the case of stations in the Aviation (aircraft), Personal, and Maritime (ship) Radio Services, involuntary assignment of licenses will not be granted; such licenses shall be surrendered for cancellation upon the death or legal disability of the licensee. Amateur station call signs assigned to the station of a deceased licensee shall be available for reassignment pursuant to section 97.19 of this chapter. (f) Disclosure requirements. Applicants for transfer or assignment of licenses in auctionable services must comply with the disclosure requirements of section 1.2111 of this part. (g) Trafficking. Applications for approval of assignment or transfer may be reviewed by the Commission to determine if the transaction is for purposes of trafficking in service authorizations. . (1) Trafficking consists of obtaining or attempting to obtain an authorization for the principal purpose of speculation or profitable resale of the authorization rather than for the provision of telecommunication services to the public or for the licensee's own private use. . (2) The Commission may require submission of an affirmative, factual showing, supported by affidavit of persons with personal knowledge thereof, to demonstrate that the assignor did not acquire the authorization for the principal purpose of speculation or profitable resale of the authorization. This showing may include, for example, a demonstration that the proposed assignment is due to changed circumstances (described in detail) affecting the licensee after the grant of the authorization, or that the proposed assignment is incidental to a sale of other facilities or a merger of interests. . #. New Section 1.949 is added to read as follows: Sec. 1.949 . . . . . . Application for renewal of license. (a) Applications for renewal of authorizations in the Wireless Radio Services must be filed prior to the expiration date of the authorization for which renewal is sought. Renewal applications must be filed on the same form as applications for initial authorization in the same service, i.e., FCC Form 601 or 605. Additional renewal requirements applicable only to specific services are set forth in the subparts governing those services. (b) Licensees with multiple authorizations in the same service may request a common day and month on which such authorizations expire for renewal purposes. License terms may be shortened by up to one year but will not be extended to accommodate the applicant's selection. . #. Section 1.951 is amended to read as follows: Sec. 1.951 . . . . . . Duty to respond to official communications. *** (a) Any applicant or licensee in the Wireless Radio Services receiving official notice of an apparent or actual violation of a federal statute, international agreement, Executive Order, or regulation pertaining to communications shall respond within 10 days by transmitting the response via ULS on FCC Form 601 in accordance with sec. 1.9. *** . #. Section 1.952 is removed . #. Section 1.953 is removed . #. Section 1.955 is amended to read as follows: Sec. 1.955 . . . . . . Termination of authorizations. (a) Authorizations in general remain valid until terminated in accordance with this section, except that the Commission may revoke an authorization pursuant to section 312 of the Communications Act of 1934, as amended (47 U.S.C. sec. 312). . (1) Expiration. Authorizations automatically terminate, without specific Commission action, on the expiration date specified therein, unless a timely application for renewal is filed (see section 1.948). No authorization granted under the provisions of this part shall be for a term longer than ten years. See 47 U.S.C. sec. 307(c). . (2) Service discontinued. Authorizations automatically terminate, without specific Commission action, if service is permanently discontinued. The Commission authorization or the individual service rules govern the definition of permanent discontinuance for purposes of this section. A licensee who discontinues operations shall notify the Commission of the discontinuance of operations by submitting FCC Form 601 requesting license cancellation. (b) Special temporary authority (STA) automatically terminates without specific Commission action upon failure to comply with the terms and conditions therein, or at the end of the period specified therein, unless a timely request for an extension of the STA term is filed in accordance with section 1.931. If a timely filed request for extension of the STA term is dismissed or denied, the STA automatically terminates, without specific Commission action, on the day after the applicant or the applicant's attorney is notified of the Commission's action dismissing or denying the request for extension. (c) Authorizations submitted by licensees for cancellation terminate when the Commission gives Public Notice of such action. . #. New Section 1.956 is added to read as follows: Sec. 1.956 . . . . . . Settlement conferences. Parties are encouraged to use alternative dispute resolution procedures to settle disputes (see subpart E of part 1 of this chapter). In any contested proceeding, the Commission, in its discretion, may direct the parties or their attorneys to appear before it for a conference. (a) The purposes of such conferences are: . (1) To obtain admissions of fact or stipulations between the parties as to any or all of the matters in controversy; . (2) To consider the necessity for or desirability of amendments to the pleadings, or of additional pleadings or evidentiary submissions; . . (3) To consider simplification or narrowing of the issues; . (4) To encourage settlement of the matters in controversy by agreement between the parties; and . (5) To consider other matters that may aid in the resolution of the contested proceeding. (b) Conferences are scheduled by the Commission at a time and place it may designate, to be conducted in person or by telephone conference call. (c) The failure of any party or attorney, following reasonable notice, to appear at a scheduled conference will be deemed a failure to prosecute, subjecting that party's application or petition to dismissal by the Commission. . #. New Section 1.957 is added to read as follows: Sec. 1.957 . . . . . . Procedure with respect to amateur radio operator licenses. Each candidate for an amateur radio operator license which requires the applicant to pass one or more examination elements must present the administering VEs with a properly completed FCC Form 605 prior to the examination. Upon completion of the examination, the administering VEs will immediately grade the test papers and will then issue a certificate for successful completion of an amateur radio operator examination if the applicant is successful. The VEs will send the candidate's application to the Volunteer-Examiner Coordinator (VEC) coordinating the examination session. The VEC send the application to the Commission. . . . . . . . . . . . #. Section 1.958 is removed . #. Section 1.959 is removed . #. Section 1.961 is removed . #. Section 1.962 is removed . #. Section 1.971 is removed . #. Section 1.972 is removed . #. Section 1.973 is removed . #. A new sub-title is added to read as follows: "Reports to be Filed with the Commission" . #. Section 1.981 is amended to read as follows: Sec. 1.981 Reports, annual and semiannual. (a) Licensees of stations authorized for developmental operation shall submit a report on the results of the developmental program. The report shall be filed with and made a part of each application for renewal of authorization. The report shall be filed at the Commission's offices in Washington, D.C. or alternatively may be sent to the commission electronically via the ULS. (b) The report shall include comprehensive and detailed information on the following: . (1) The final objective. . (2) Results of operation to date. . (3) Analysis of the results obtained. . (4) Copies of any published reports. . (5) Need for continuation of the program. . (6) Number of hours of operation on each frequency. (c) Where required by the particular service rules, licensees who have entered into agreements with other persons for the cooperative use of radio station facilities must submit annually an audited financial statement reflecting the nonprofit cost-sharing nature of the arrangement to the Commission's offices in Washington, D.C. or alternatively may be sent to the Commission electronically via the ULS, no later than three months after the close of the licensee's fiscal year. . #. Section 1.1102 is amended by revising the form numbers in the table in the following manner: Sec. 1.1102. . . . . . Schedule of charges for applications and other filings in the Wireless Telecommunications Services. * * * * * 1. * * * . a. * * * 601 * * * . b. * * * 601 * * * . c. * * * 601 * * * 2. * * * . a. * * * 601 * * * . b. * * * 601, 603 * * * . c. * * * 601 * * * 3. * * * . a. * * * 605 * * * . b. * * * 605 * * * . c. * * * 605 * * * . d. * * * 605 * * * 4. * * * . a. * * * 605 * * * . b. * * * 605 * * * . c. * * * 605 * * * 5. * * * . a. * * * 601 * * * . b. * * * 601, 603 * * * . c. * * * 601 * * * 6. * * * . a. * * * . 1. * * * 601 * * * . 2. * * * 601, 603 * * * . b. * * * . 1. * * * 601 * * * . 2. * * * 601, 603 * * * . . c. * * * . 1. * * * 601 * * * . 2. * * * 601, 603 * * * . d. * * * . 1. * * * 601 * * * . 2. * * * 601, 603 * * * . e. * * * . 1. * * * 601 * * * . 2. * * * 601, 603 * * * . f. * * * . 1. * * * 601 * * * . 2. * * * 601, 603 * * * . g. * * * . 1. * * * 601 * * * . 2. * * * 601, 603 * * * . h. * * * . 1. * * * 601 * * * . 2. * * * 601, 603 * * * . i. * * * 601 * * * . j. * * * 601 * * * . k. * * * 601 * * * . l. * * * 601 * * * . m. * * * 601 * * * . n. * * * 601 * * * 7. * * * 601 * * * 8. * * * . a. * * * 601 * * * . b. * * * 601 * * * 9. * * * 601 * * * 10. * * * 601 * * * 11. * * * 601 * * * 12. * * * 601 * * * 13. * * * 601 * * * 14. * * * 601 * * * 15. * * * 601 * * * 16. * * * 601 * * * 17. * * * 601 * * * 18. * * * 601 * * * 19. * * * 601 * * * 20. * * * 601 * * * 21. * * * 601 * * * 22. * * * 601 * * * 23. * * * 601 * * * 24. * * * 601 * * * 25. * * * 601 * * * 26. * * * 601 * * * 27. * * * 601 * * * 28. * * * 601 * * * 29. * * * 601 * * * 30. * * * 601 * * * 31. * * * 601 * * * 32. * * * 601 * * * 33. * * * 601 * * * 34. * * * 601 * * * 35. * * * 601 * * * 36. * * * 601 * * * 37. * * * 601 * * * 38. * * * a. * * * 601 * * * . . b. * * * 601 * * * 39. * * * . a. * * * 605 * * * . . b. * * * 605 * * * 40. * * * . . a. * * * 605 * * * . 41. * * * . . a. * * * 605 * * * 42. * * * 604 * * * 43. * * * . . a. * * * 601 * * * . b. * * * 601 * * * . c. * * * 601 * * * . d. * * * 603 * * * . 1. * * * 603 * * * . e. * * * 604 * * * . 1. * * * 604 * * * . f. * * * 601 * * * * * * * 44. * * * . . a. * * * 601 * * * . b. * * * 601 * * * . c. * * * 601 * * * . d. * * * 603 * * * . 1. * * * 603 * * * . e. * * * 604 * * * . 1. * * * 604 * * * . f. * * * 601 * * * * * * * 45. * * * . a. * * * 601 * * * . b. * * * 601 * * * 46. * * * 47. * * * 605 * * * 48. * * * . a. * * * 601 * * * . b. * * * 601 * * * . c. * * * 601 * * * . d. * * * 601 * * * 49. * * * 601 * * * 50. * * * . . a. * * * 601 * * * . b. * * * 601 * * * . c. * * * 601 * * * . d. * * * 601 * * * . e. * * * 603 * * * . 1. * * * 601 * * * . f. * * * 603 * * * . g. * * * 601 * * * . h. * * * . i. * * * 601 * * * . j. * * * 601 * * * . k. * * * 601 * * * . l. * * * 601 * * * . m. * * * 601 * * * . n. * * * 601 * * * . o. * * * 601 * * * . p. * * * 601 * * * 51. * * * . a. * * * 601 * * * . b. * * * 601 * * * . c. * * * 603, 604 * * * . d. * * * 603 * * * . e. * * * 601 * * * . f. * * * 601 * * * . g. * * * 601 * * * . . h. * * * 601 * * * 52. * * * . a. * * * 601 * * * . b. * * * 601 * * * . c. * * * 603, 604 * * * . 1. * * * 603 * * * . 2. * * * 603 * * * . d. * * * 601 * * * . e. * * * 601 * * * . f. * * * 601 * * * . g. * * * 601 * * * . . h. * * * 601 * * * . i. * * * 601 * * * 53. * * * . a. * * * 601 * * * . b. * * * 601 * * * . c. * * * 603 * * * . d. * * * 601 * * * . e. * * * . 1. * * * 603, 604 * * * . 2. * * * 603 * * * . 3. * * * 603 * * * . f. * * * 601 * * * . g. * * * 601 * * * . h. * * * 601 * * * . i. * * * 601 * * * . j. * * * 601 * * * . k. * * * 601 * * * . #. Section 1.1111 is amended by adding paragraph (c) subparagraph (a)(5) in the following manner: Sec. 1.1111 . . . . Filing locations. ***** . (5) Applications pertaining to the Common Carrier Services must be submitted electronically via ULS pursuant to Subpart F of this part. * * * * * (c) Fees for applications and other filings pertaining to the Wireless Telecommunications Services that are submitted electronically via ULS may be paid electronically or by check sent to the Commission's lock box bank manually. When sending a check, applicants must include the application file number (assigned by the ULS electronic filing system on the Form 159) and submit such number with the payment in order for the Commission to verify that the payment was made. Checks must be received no later than one (1) business day after receipt of the application on ULS or the application will be dismissed. . #. Section 1.1152 is amended by revising the form numbers in the table in the following manner: Sec. 1.1152. . . . . . Schedule of annual regulatory fees and filing locations for Wireless Telecommunications Services * * * 1. * * * . (a) * * * 601 * * * . (b) * * * 601 * * * . (c) * * * 601 * * * . (d) * * * 601 * * * . (e) * * * 601 * * * . (f) * * * 601 * * * . (g) * * * 601 * * * 2. * * * . (a) * * * 601 * * * . (b) * * * 601 * * * . (c) * * * 601 * * * . 3. * * * . (a) * * * 601 * * * . (b) * * * 601 * * * . (c) * * * 601 * * * 4. * * *. . . . . . . . (a) * * * 601 * * * . (b) * * * 601 * * * . (c) * * * 601 * * * . (d) * * * 601 * * * . (e) * * * 601 * * * . (f) * * * 601 * * * . (g) * * * 601 * * * . (h) * * * 601 * * * . (i) * * * 601 * * * . (j) * * * 601 * * * . (k) * * * 601 * * * . (l) * * * 601 * * * . (m) * * * 601 * * * . (n) * * * . (o) * * * . (p) * * * . (q) * * * . (r) * * * 5. * * * 6. * * * 7 * * * . #. Section 1.2003 is amended by revising the form numbers in this paragraph in the following manner: Sec. 1.2003 . . . . Applications affected. * * * * * FCC 301 * * * * FCC 350 * * * FCC 601 Long-Form Application for Authorization in the Auctionable Services FCC 602 Wireless Telecommunications Bureau Ownership Form FCC 603 Application for Assignment of Authorization for Auctionable Services FCC 604 Application for Transfer of Control for Auctionable Services FCC 605 Short-Form Application for Authorization in the Ship, Aircraft, Amateur, Restricted and Commercial Operator Radio Services * * * * * APPENDIX D PROPOSED RULES - PART 13 CURRENT RULE NUMBER SUBJECT (proposed change) PROPOSED NEW OR REVISED RULE NUMBER 13.9(c) Eligibility and application for new license or endorsement (change to allow electronic filing of application via ULS). 13.9(c) 13.9(b)(1), (2), (3), (e) Eligibility and application for new license or endorsement (change to allow electronic filing of application via ULS). 13.9(b)(1), (2), (3), (e) 13.13 Application for a renewed or modified license (change to allow electronic filing of application via ULS). 13.13 13.13(a), (c), (e) Application for a renewed or modified license (change form numbers to reflect ULS forms) 13.13(a), (c), (e) 13.17 Replacement license (change to allow electronic filing of replacement license via ULS). 13.17 13.17(a), (b), (c), (d) Replacement license (change form numbers to reflect ULS forms). 13.17(a), (b), (c), (d) PART 13-COMMERCIAL RADIO OPERATORS . #. The authority citation for Part 13 continues to read as follows: AUTHORITY: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, and 303, unless otherwise noted. . * * * * * . #. Section 13.9 is amended by deleting paragraphs (b)(3), (c)(2) and revising paragraphs (b), (c) and (e) to read as follows: Sec. 13.9 Eligibility and application for new license or endorsement. . * * * * * . (b)(1) Each application for a new General Radiotelephone Operator License, Marine Radio Operator Permit, First Class Radiotelegraph Operator's Certificate, Third Class Radiotelegraph Operator's Certificate, Ship Radar Endorsement, Six Months Service Endorsement, GMDSS Radio Operator's License, GMDSS Radio Maintainer's License must be filed on FCC Form 605 in accordance with sec. 1.913. . (2) Each application for a Restricted Radiotelephone Operator Permit or a Restricted Radiotelephone Operator Permit-Limited Use must be filed on FCC Form 605 in accordance with sec. 1.913. . (3) Each application for a Restricted Radiotelephone Operator Permit-Limited Use must be made on FCC Form 605 in accordance with sec. 1.913. . (c) Each application for a new General Radiotelephone Operator License, Marine Radio Operator Permit, First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Third Class Radiotelegraph Operator's Certificate, Ship Radar Enforcement, GMDSS Radio Operator's License or GMDSS Radio Maintainer's License must be accompanied by the required fee, if any, and submitted in accordance with sec. 1.913. The application must include: . * * * * * . (e) Each application for a new Six Months Service Endorsement must be submitted in accordance with section 1.913 of the rules. The application must include documentation showing that: * * * * * . #. Section 13.13 is amended by revising paragraphs (a), (b), (c) and (e) to read as follows: Sec. 13.13 Application for a renewed or modified license. (a) Each application to renew a * * * must be made on FCC Form 605. The application must be accompanied by the appropriate fee and submitted in accordance with section 1.913 of the rules. * * * * . (c) Each application involving a change in operator class must be filed on FCC Form 605. Each application for a commercial operator license involving a change in operator class must be accompanied by the required fee, if any, and submitted in accordance with sec. 1.913. The application must include: . * * * . (e) * * *whose name is legally changed may obtain a modified license by filing a FCC Form 605.* * * * * * * * . #. Sec. 13.17 is amended as follows: Sec. 13.17 Replacement license. (a) * * * Such a request may be submitted electronically via the ULS. * * * * (b) Each application * * * must be made on FCC Form 605 * * * *. (c) Each application * * * must be made on FCC Form 605. (d) Each application * * * must be made on FCC Form 605. * * * * APPENDIX E PROPOSED RULES - PART 22 CURRENT RULE NUMBER SUBJECT (proposed change) PROPOSED NEW OR REVISED RULE NUMBER 22.99 Definitions (add definition of ULS and move definitions of authorization, assignment of authorization, and transfer of control to consolidated Part 1 rule). 22.99, 1.903 22.101 Station files (change to include electronic filings as part of FCC official record; move to consolidated Part 1 rule). 1.956 22.103 Representations (move to consolidated Part 1 rule). 1.915 22.105(a) Written applications (move to consolidated Part 1 rule). 1.911, 1.913 22.105(b) Written applications, standard forms, microfiche, magnetic disks (move to consolidated Part 1 rule). 1.911, 1.913 22.105(c) Written applications, standard forms, microfiche, magnetic disks (move to consolidated Part 1 rule). 1.911, 1.913 22.105(d) & (1) & (2) & (3) & (i) & (ii) Written applications, standard forms, microfiche, magnetic disks (eliminate microfiche requirement). No new rule 22.105(e) Paper original required (eliminate paper filing requirement). No new rule 22.105(f) Correspondence (eliminate paper filing requirement). No new rule 22.105(g) Magnetic disks (eliminate disk requirement). No new rule 22.106 Filing fees; place (move to consolidated Part 1 rule). 1.913 22.108 Parties to applications (eliminate ownership information; move to consolidated Part 1 rule). 1.917 22.115 Content of applications (move to consolidated Part 1 rule). 1.919 22.117 Content of notifications (move to consolidated Part 1 rule). 1.921 22.119 Requests for rule waivers (move to consolidated Part 1 rule). 1.937 22.120 Application processing; initial procedures (move to consolidated Part 1 rule). 1.939 22.121 Repetitious, inconsistent or conflicting applications (move to consolidated Part 1 rule). 1.923 22.122 Amendment of applications (move to consolidated Part 1 rule). 1.925 22.123 Classifications of filings as major or minor (move to consolidated Part 1 rule). 1.927 22.124 Notification processing (move to consolidated Part 1 rule). 1.921 22.125 Application for special temporary authorizations (move to consolidated Part 1 rule). 1.933 22.127 Public notices (move to consolidated Part 1 rule). 1.947 22.128 Dismissal of applications (move to consolidated Part 1 rule). 1.945 22.129 Agreements to dismiss applications, amendments or pleadings (move to consolidated Part 1 rule). 1.949 22.131(b)(1), (4)(c)(2) Procedures for mutually exclusive applications (change cross references). 22.131(b)(1), (4)(c)(2) 22.131(d)(3) Procedures for mutually exclusive applications (move to consolidated Part 1 rule). 1.927 22.135 Settlement conference (move to consolidated Part 1 rule). 1.951 22.137 Assignment of authorization; transfer of control (move to consolidated Part 1 rule). 1.931 22.139 Trafficking (move to consolidated Part 1 rule). 1.949(f) 22.142 Commencement of service; notification requirement (move to consolidated Part 1 rule). 1.929 22.144 Termination of authorizations (move to consolidated Part 1 rule). 1.955 22.145 Renewal application procedures (move to consolidated Part 1 rule). 1.935 22.150(d) Standard pre-filing technical coordination procedure (change to provide notification period where notification is done by electronic filing via ULS). 22.150(d) 22.163 Minor modifications to existing stations (move to consolidated Part 1 rule). 1.927 22.165(b) Additional transmitters for existing systems -- Antenna structure clearance required (change organizational name from Private Radio Bureau to Licensing and Technical Analysis Branch Public Safety and Private Wireless Division). 22.165(b) 22.213 Long-form applications (move to consolidated Part 1 rule). 1.913 22.221(b) Eligibility for partitioned licenses (change form numbers to reflect ULS forms). 22.221(b) 22.315 Duty to respond to official communications (move to consolidated Part 1 rule). 1.957 22.323(d) Incidental communication services (change to allow electronic filing of incidental communications via ULS). 22.323(d) 22.352(c)(6) Protection from interference (change form number to reflect ULS forms). 22.352(c)(6) 22.411(d)(1) Developmental authorization of 43 MHz paging transmitters (change form number to reflect ULS forms). 22.411(d)(1) 22.413(b)(1) Developmental authorization of 72-76 MHz fixed transmitters (change form number to reflect ULS forms). 22.413(b)(1) 22.415(b)(1) Developmental authorization of 928-960 MHz fixed transmitters (change form number to reflect ULS forms). 22.415(b)(1) 22.417(b)(1) Developmental authorization of meteor burst systems (change form number to reflect ULS forms). 22.417(b)(1) 22.503(k)(1), (2), (4) Coverage requirements (change form number to reflect ULS forms; change to allow electronic filing of coverage form via ULS; add notification section). 22.503(k)(1), (2) 22.507(c) Number of transmitters per station (change form number to reflect ULS forms). 22.507(c) 22.529(a) & (b) Application requirements for the Paging and Radiotelephone Service -- Administrative information (change form number to reflect ULS forms). 22.529(a) & (b) 22.529(b)(1) Application requirements for the Paging and Radiotelephone Service -- Technical information (NAD83 instead of NAD27). 22.529(b)(1) 22.529(b)(2) Application requirements for the Paging and Radiotelephone Service -- Technical information (eliminate antenna data requirements). No new rule 22.531(c) Channels for one-way paging operation (change form number to reflect ULS forms). 22.531(c) 22.539 Additional channel policies (change form number to reflect ULS forms). 22.539 22.539(f) Additional channel policies -- Amendment of paging application (move to consolidated Part 1 rule). 1.925 22.559 One-way paging application requirements (change to allow electronic filing of application via ULS). 22.559 22.577(b) Dispatch service -- Notification (move to consolidated Part 1 rule; change form number to reflect ULS forms). 1.921 22.577(d) Dispatch service -- Dispatch transmitters requiring authorization (change form number to reflect ULS forms). 22.577(d) 22.709 Rural radiotelephone service application requirements (change to allow electronic filing of supplementary information via ULS). 22.709 22.709(b) Rural radiotelephone service application requirements -- Technical information required (change form number to reflect ULS forms). 22.709(b) 22.709(b)(1) Rural radiotelephone service application requirements -- Location description (NAD83 instead of NAD27). 22.709(b)(1) 22.709(b)(2) Rural radiotelephone service application requirements -- Antenna manufacturer (eliminate antenna information). No new rule 22.803 Air-ground application requirements (change to allow electronic filing of applications via ULS). 22.803 22.803(a), (b) Air-ground application requirements -- Administrative information (change form number to reflect ULS forms). 22.803(a), (b) 22.803(b)(1) Air-ground application requirements -- Location description (NAD83 instead of NAD27). 22.803(b)(1) 22.803(b)(2) Air-ground application requirements -- Antenna manufacturer (eliminate antenna information). No new rule 22.821 Authorization for airborne mobile stations (move to consolidated Part 1 rule). 1.907 22.873(a), (b), (c) Construction period for commercial aviation air- ground systems (change form numbers to reflect ULS forms; add notification section). 22.873(a), (b), (c) 22.875(d)(5) Commercial aviation air-ground system application requirements -- Technical exhibit (eliminate antenna information). No new rule 22.907(b) Coordination of channel usage (eliminate letter requests; change to allow electronic filing of agreements via ULS). 22.907(b) 22.911(b) Cellular Geographic Service Area -- Alternative CGSA determination (change form numbers to reflect ULS forms). 22.911(b) 22.929(a), (b) Application requirements for the Cellular Radiotelephone Service -- Administrative information (change form numbers to reflect ULS forms). 22.929(a), (b) 22.929(b)(1) Application requirements for the Cellular Radiotelephone Service -- Location description (NAD83 instead of NAD27). 22.929(b)(1) 22.929(b)(2) Application requirements for the Cellular Radiotelephone Service -- Antenna manufacturer (eliminate antenna information). No new rule 22.935 Procedures for comparative renewal proceedings (change to allow electronic filing of renewal expectancy via ULS). 22.935 22.936 Dismissal of applications in cellular renewal proceedings (change to allow electronic filing of request for approval of dismissal via ULS). 22.936 22.941(b), (c) System identification numbers (change form numbers to reflect ULS forms). 22.941(b), (c) 22.944 Transfers of interests in applications (move to consolidated Part 1 rule). 1.931 22.946(a)(2), (c) Service commencement and construction periods for cellular systems (change form numbers to reflect ULS forms; add notification section). 22.936(a)(2), (c) 22.947(b), (c), (d) Five year build-out period (change form numbers to reflect ULS forms; add notification section; change organizational name to Commercial Wireless Division, Wireless Telecommunications Bureau). 22.947(b), (c), (d) 22.964 Bidding application (change cross reference). 22.964 22.966 Long-form applications (move to consolidated Part 1 rule). 1.913 Part 22 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: PART 22 -- PUBLIC MOBILE SERVICES . #. Section 22.99 is amended by revising the text as follows: Sec. 22.99 . . . . . . Definitions. *** a. Remove the definition of "Archival quality microfiche", "Authorization," "Assignment of Authorization", and "Transfer of Control". b. Add the following definition: Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services, and provides public access to licensing information. . #. Section 22.101 is amended by revising the text as follows: Sec. 22.101. . . . . . Station files. Applications, notifications, correspondence, electronic filings and other material, and copies of authorizations, comprising technical, legal, and administrative data relating to each station in the Public Mobile Services are maintained by the Commission in the ULS. These files constitute the official records for these stations and supersede any other records, databases or lists from the Commission or other sources. . #. Section 22.103 is removed. . Sec. 22.103. . . . . . [Removed] . #. Section 22.105 is removed. Sec. 22.105. . . . . . [Removed] . #. Section 22.106 is removed. Sec. 22.106. . . . . . [Removed] . #. Section 22.108 is removed. Sec. 22.108. . . . . . [Removed] . #. Section 22.115 is removed. Sec. 22.115. . . . . . [Removed] . #. Section 22.117 is removed. Sec. 22.117. . . . . . [Removed] . #. Section 22.119 is removed. Sec. 22.119. . . . . . [Removed] . #. Section 22.120 is removed. Sec. 22.120. . . . . . [Removed] . #. Section 22.121 is removed. Sec. 22.121. . . . . . [Removed] . #. Section 22.122 is removed. Sec. 22.122. . . . . . [Removed] #. Section 22.123 is removed. Sec. 22.123. . . . . . [Removed] . #. Section 22.124 is removed. Sec. 22.124. . . . . . [Removed] . #. Section 22.125 is removed. Sec. 22.125. . . . . . [Removed] . #. Section 22.127 is removed. Sec. 22.127. . . . . . [Removed] . #. Section 22.128 is removed. Sec. 22.128. . . . . . [Removed] . #. Section 22.129 is removed. Sec. 22.129. . . . . . [Removed] . #. Section 22.130 is removed. Sec. 22.130. . . . . . [Removed] . #. Section 22.131 is amended by revising the text as follows: Sec. 22.131 Procedures for mutually exclusive applications. ***** (b) Filing groups. Pending mutually exclusive applications are processed in filing groups. Mutually exclusive applications in a filing group are given concurrent consideration. The Commission may dismiss as defective (pursuant to sec. 1.945 of this chapter) any mutually exclusive application(s) whose filing date is outside of the date range for inclusion in the filing group. *** (1) Renewal filing group. A renewal filing group comprises a timely-filed application for renewal of an authorization and all timely-filed mutually exclusive competing applications (see sec. 1.935 of this chapter). ***** (4) *** (c) Procedures. Generally, the Commission may grant one application in a filing group of mutually exclusive applications and dismiss the other application(s) in the filing that are excluded by that grant, pursuant to sec. 1.945 of this chapter. (1) *** (2) Dismissal of applications. The Commission may dismiss any application in a filing group that is defective or otherwise subject to dismissal under sec. 1.945 of this chapter, either before or after employing selection procedures. ***** (d) *** *** (d)(3) is removed. . . #. Section 22.135 is removed. Sec. 22.135. . . . . . [Removed] . #. Section 22.137 is removed. Sec. 22.137. . . . . . [Removed] . #. Section 22.139 is removed. Sec. 22.139. . . . . . [Removed] . #. Section 22.142 is removed. Sec. 22.142. . . . . . [Removed] . #. Section 22.144 is removed. Sec. 22.144. . . . . . [Removed] . #. Section 22.145 is removed. Sec. 22.145. . . . . . [Removed] . #. Section 22.150 is amended by revising the text as follows: Sec. 22.150. . . . . . Standard pre-filing technical coordination procedure. ***** (d) The 30-day period begins on the date the notification is submitted to the Commission via the ULS. *** ***** . #. Section 22.163 is removed. Sec. 22.163. . . . . . [Removed] . 26. Section 22.165 is amended by revising the text as follows: Sec. 22.165. . . . . . Additional transmitters for existing systems. ***** (b) Antenna structure clearance required. For any construction or alteration that would exceed the requirements of sec. 17.7 of this chapter, licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the Commission, WTB, Information Processing Branch, Gettysburg, PA 17325 by mail or by electronic filing via the ULS. ***** (e) Cellular Radiotelephone Service. During the five-year build-out period, the service area boundaries of the additional transmitters, as calculated by the method set forth in sec. 22.911(a), must remain within the market, except that the service area boundaries may extend beyond the market boundary into the area that is part of the CGSA or is already encompassed by the service area boundaries of previously authorized facilities. After the five-year build-out period, the service area boundaries of the additional transmitters, as calculated by the method set forth in sec. 22.911(a), must remain within the CGSA. Licensees must notify the Commission (FCC Form 601) of any transmitters added under this section that cause a change in the CGSA boundary. The notification must include full size and reduced maps, and supporting engineering, as described in sec. 22.953(a)(5) (I) through (iii). If the addition of transmitters involves a contract service area boundary (SAB) extension (see sec. 22.912), the notification must include a statement as to whether the five-year build-out period for the system on the relevant channel block in the market into which the SAB extends has elapsed and whether the SAB extends into any unserved area in the market. The notification must be made electronically via the ULS, or delivered to the filing place (see sec. 1.913 of this chapter) no later than 15 days after the addition is made. . #. Section 22.213 is removed. Sec. 22.213. . . . . . [Removed] . #. Section 22.221 is amended by revising the text as follows: Sec. 22.221 Eligibility for Partitioned Licenses (b) Each party to an agreement to partition the license must file a long-form application (FCC Form 600) for its respective, mutually agreed-upon geographic area together with the application for the remainder of the MTA or Economic Area filed by the auction winner. ***** . #. Section 22.315 is removed. Sec. 22.315. . . . . . [Removed] . #. Section 22.317 is amended by revising the text as follows: Sec. 22.317. . . . . . Discontinuance of station operation. . If the operation of a Public Mobile Services station is permanently discontinued, the licensee shall send authorization for cancellation by electronic filing via the ULS on FCC Form 601. *** . #. Section 22.323 is amended by revising paragraph (d) as follows: Sec. 22.323. . . . . . . .Incidental communications services. ***** (d) The licensee notifies the Commission using FCC Form 601 before providing the incidental services. This notification must include a complete description of the incidental services. . #. Section 22.352 is amended by revising paragraph (c)(6) as follows: Sec. 22.352. . . . . . . .Protection from interference. ***** (6) Facilities for which the Commission is not notified. No protection is provided against interference to the service of any additional or modified transmitter operating pursuant to sec. 22.163 or sec. 22.165, unless and until the licensee notifies the Commission using FCC Form 601 of the additional or modified transmitter. . #. Section 22.411 is amended by revising paragraph (d)(1) to read as follows: Sec. 22.411. . . . . . Developmental authorization of 43 MHz paging transmitters. ***** (d) *** (1) After the two-year developmental period, provided that broadcast TV interference complaints have been resolved by the carrier in a satisfactory manner. Licensees that hold a developmental authorization for a 43 MHz paging station and wish to request a regular authorization must file an application using FCC Form 601 via the ULS prior to the expiration of the developmental period. . #. Section 22.413 is amended by revising paragraph (b)(1) to read as follows: Sec. 22.413. . . . . . . .Developmental authorization of 72-76 MHz fixed transmitters. ***** (b) *** (1) After six months of operation under developmental authorization, and provided that broadcast TV interference complaints have been resolved by the carrier in a satisfactory manner. Licensees that hold a developmental authorization for a 72-76 MHz fixed station and wish to request a regular authorization must file an application using FCC Form 601 via the ULS prior to the expiration of the developmental authorization. . #. Section 22.415 is amended by revising paragraph (b)(1) to read as follows: Sec. 22.415. . . . . . . .Developmental authorization of 928-960 MHz fixed transmitters. ***** (b) *** (1) After one year of operation under developmental authorization, and provided that no interference has been caused. Licensees that hold a developmental authorization and wish to request a regular authorization must file an application using FCC Form 601 prior to the expiration of the developmental authorization. . #. Section 22.417 is amended by revising paragraph (b)(1) to read as follows: Sec. 22.417. . . . . . . .Developmental authorization of meteor burst systems. ***** (b) *** (1) After six months of operation under developmental authorization, and provided that no interference has been caused to other operations. Licensees that hold a developmental authorization to use meteor burst propagation modes to provide rural radiotelephone service and wish to request a regular authorization must file an application using FCC Form 601 prior to the expiration of the developmental authorization. Sec. 22.503 Coverage requirements. (k) Failure by a paging geographic area licensee to meet either of the coverage requirements in paragraphs (k)(1) and (k)(2) of this section, or alternatively, the substantial service requirement in paragraph (k)(3) of this section, may result in automatic termination or non-renewal of a paging geographic area license. For the purpose of this paragraph, to "cover" area means to include geographic area within the composite of the service contour(s) determined by the methods of  22.537 or 22.567, as appropriate for the particular channel involved. Licensees may determine the population of geographic areas included within their service contours using either the 1990 census or the 2000 census, but not both. (1) No later than three years after the initial grant of a paging geographic area authorization, the licensee must construct or otherwise acquire and operate sufficient facilities to cover one third of the population in the paging geographic area. The licensee must notify the FCC (FCC Form 489), no later than 15 days after the end of the three-year-period, either that it has satisfied this requirement or that it plans to satisfy the alternative requirement to provide substantial service in accordance with paragraph (k)(3) of this section. (2) No later than five years after the initial grant of a paging geographic area authorization, the licensee must construct or otherwise acquire and operate sufficient facilities to cover two-thirds of the population in the paging geographic area. The licensee must notify the FCC (FCC Form 489), no later than 15 days after the end of the five-year-period, either that it has satisfied this requirement or that it has satisfied the alternative requirement to provide substantial service in accordance with paragraph (k)(3) of this section. (3) As an alternative to the coverage requirements of paragraphs (k)(1) and (k)(2) of this section, the paging geographic area licensee may demonstrate that, no later than five years after the initial grant of its paging geographic area authorization, it provides substantial service to the paging geographic area. "Substantial service" means service that is sound, favorable, and substantially above a level of mediocre service that would barely warrant renewal. #. Section 22.507 is amended by revising the text of paragraph (c) to read as follows: Sec. 22.507. . . . . . . .Number of transmitters per station. ***** (c) Consolidation of separate stations. The Commission may consolidate separately authorized stations upon request by the licensee by using FCC Form 601, if appropriate under paragraph (a) of this section. . #. Section 22.529 is amended by revising the text of paragraphs (a), (b), (b)(1), and (b)(2) to read as follows: . Sec. 22.529. . . . . . . .Application requirements for the Paging and Radiotelephone Service. ***** (a) Administrative information. The following information, associated with Form 601, is required as indicated. * * * * * * * * (b) Technical data. The following data, associated with FCC Form 601, are required as indicated for each application.* * * . (1) For each transmitting antenna site to be added, deleted or modified, the following are required: an indication of the desired database action the Commission location number, if any, the street address or other description of the transmitting antenna site, the city, county and state, the geographic coordinates (latitude and longitude), correct to ñ1 second, of the transmitting antenna site (NAD83), and in the case of a proposed relocation of a transmitting antenna, the Commission location number and geographic coordinates, correct to ñ1 second, of the transmitting antenna site (NAD83) to which the geographic coordinates of the current location are referenced. . (2) Antenna height to tip * * * * * * * * . #. Section 22.531 is amended by revising the text of paragraph (c) to read as follows: Sec. 22.531. . . . . . . .Channels for paging operation. ***** (c) Upon application using FCC Form 601, common carriers may be authorized to provide one-way paging service using the leased subcarrier facilities of broadcast stations licensed under part 73 of this chapter. ***** . #. Section 22.539 is amended by revising the text as follows: Sec. 22.539. . . . . . . .Additional channel policies. The rules in this subsection govern the processing of applications for a paging channel when the applicant has applied for or been granted an authorization for other paging channels in the same geographic area. This section applies to applications proposing to use the channels listed in sec. 22.531, excluding the nationwide network paging channels and broadcast station subcarriers, or the channels listed in sec. 22.561, where the application proposes to use those channels to provide paging service only. The general policy of the Commission is to assign one paging channel in an area to a carrier per application cycle. That is, a carrier must apply for one paging channel, receive the authorization, construct the station, provide service to the subscribers, and notify the Commission of commencement of service to subscribers by using FCC Form 601 before applying for an additional paging channel in that area. This notification must be sent by electronic filing via the ULS. . #. Section 22.577 is amended by revising the text of paragraphs (b) and (d) to read as follows: Sec. 22.577. . . . . . . .Dispatch service ***** (b) Notification. Licensees must notify the Commission by filing FCC Form 601 whenever a dispatch transmitter is installed pursuant to paragraph (a) of this section. *** ***** (d) Dispatch transmitters requiring authorization. A dispatch transmitter that does not meet all of the requirements of paragraph (a) of this section may be installed only upon the grant of an application for authorization by electronically filing FCC Form 601. ***** . #. Section 22.709 is amended by revising the text of paragraphs (b), (b)(1) and (b)(2) to read as follows: Sec. 22.709. . . . . . . .Rural radiotelephone service application requirements. In addition to information required by Subparts B and D of this part, FCC Form 601 applications for authorization to operate a station in the Rural Radiotelephone Service must contain the applicable supplementary information described in this section. ***** (b) Technical information required. For each transmitter in the Rural Radiotelephone Service, the following information is required by FCC Form 601: (1) Location description: city; county; state; geographic coordinates correct to ñ1 second, the datum used (NAD83), site elevation above mean sea level, proximity to adjacent market boundaries and international borders; (2). . . . . . . . . . [REMOVED] (3) . . . . . . . . . redesignated to (2) ***** . #. Section 22.803 is amended by revising the text of paragraphs (a), (b), (b)(1) and (b)(2) to read as follows: Sec. 22.803. . . . . . . .Air-ground application requirements. In addition to information required by Subparts B and D of this part, FCC Form 601 applications for authorization to operate an air-ground station or system in the Air-ground Radiotelephone Service must contain the applicable supplementary information described in this section. (a) Administrative information. The following information is required by FCC Form 601. (b) Technical information required. For each transmitter in the Rural Radiotelephone Service, the following information is required by FCC Form 601: (1) Location description: city; county; state; geographic coordinates correct to ñ1 second, the datum used (NAD83), site elevation above mean sea level, proximity to adjacent market boundaries and international borders; (2). . . . . . . . . . [REMOVED] (3) . . . . . . . . . redesignated to (2) . #. Section 22.821 is removed. Sec. 22.821. . . . . . . .[Removed] . #. Section 22.873 is amended by revising the text of paragraphs (a) and (b) to read as follows: Sec. 22.873. . . . . . Construction period for commercial aviation air-ground systems. ***** (a) Stage I. At least 25 ground stations must be constructed and operational within 3 years. Licensees must notify the Commission by using FCC Form 601 as soon as this requirement is met. *** (b) Stage II. At least 50 ground stations must be constructed and operational within 5 years. Nationwide service to subscribers must commence within 5 years. Licensees must notify the Commission by using FCC Form 601 as soon as this requirement is met. . #. Section 22.875 is amended by revising the text of paragraph (d)(5), (d)(6) and (d)(7) to read as follows: Sec. 22.875. . . . . . Commercial aviation air-ground system application requirements. ***** (d) *** (5). . . . . . . . . . [REMOVED] (6) . . . . . . . . . Redesignated to (5) (7) . . . . . . . . . Redesignated to (6) . #. Section 22.907 is amended by revising the text of paragraph (b) to read as follows: Sec. 22.907. . . . . . . .Coordination of channel usage. ***** (b) If technical problems are addressed by an agreement or operating agreement between the licensees that would result in a reduction of quality or capacity of either system, the licensees must notify the Commission by updating FCC Form 601. . #. Section 22.911 is amended by revising the text of paragraph (b) to read as follows: Sec. 22.911. . . . . . . .Cellular geographic service area. ***** (b) Alternative CGSA determination. If a carrier believes that the method described in paragraph (a) of this section produces a CGSA that departs significantly (ñ20% in the service area of any cell) from the geographic area where reliable cellular service is actually provided, the carrier may submit, as an exhibit to an application for modification of the CGSA using FCC Form 601, a depiction of what the carrier believes the CGSA should be. *** ***** . #. Section 22.929 is amended by revising the text of paragraphs (a), (b), (b)(1), (b)(2) and (b)(3) to read as follows: Sec. 22.929. . . . . . . .Application requirements for the Cellular Radiotelephone Service. In addition to information required by Subparts B and D of this part, FCC Form 601 applications for authorization in the Cellular Radiotelephone Service must contain the applicable supplementary information described in this section. (a) Administrative information. The following information is required either by FCC Form 601, or as an exhibit. (b) Technical information. The following information is required by FCC Form 601. (1) Location description: city; county; state; geographic coordinates correct to ñ1 second, the datum used (NAD83), site elevation above mean sea level, proximity to adjacent market boundaries and international borders; (2) Antenna height to tip * * * * * * * * . #. Section 22.935 is amended by revising the text of paragraph (a) to read as follows: Sec. 22.935. . . . . . . .Procedures for comparative renewal proceedings. ***** (a) If one or more of the applications competing with an application for renewal of a cellular authorization are filed, the renewal applicant must file with the Commission its original renewal expectancy showing electronically via the ULS. *** . #. Section 22.936 is amended by revising the text of paragraph (a) to read as follows: Sec. 22.936. . . . . . . .Dismissal of applications in cellular renewal proceedings. ***** (a) If a competing applicant seeks to dismiss its application prior to the Initial Decision stage of the hearing on its application, it must submit to the Commission a request for approval of the dismissal of its application. This request for approval of the dismissal of its application must be submitted and must also include a copy of any agreement related to the withdrawal or dismissal, and an affidavit setting forth: *** . #. Section 22.941 is amended by revising the text of paragraphs (b) and (c) to read as follows: Sec. 22.941. . . . . . . .System identification numbers. ***** (b) Licensees must notify the Commission using FCC Form 601, if their cellular systems transmit SIDs assigned to other cellular systems. *** (c) Licensees may request that an additional (previously unassigned) SID be assigned to their system by filing an application for minor modification of station on FCC Form 601. ***** Sec. 22.946 Commencement of service (a) New cellular systems must be at least partially constructed and begin providing cellular service to subscribers within the service commencement periods specified in Table H-1 of this section. Service commencement periods begin on the date of grant of the initial authorization, and are not extended by the grant of subsequent authorizations for the cellular system (such as for major modifications). . #. Section 22.947 is revised as follows: Sec. 22.947 Service commencement and construction periods for cellular systems. ***** (b) Partitioned markets. During the five-year build-out period, the licensee of the first cellular system on each channel block in each market may enter into contracts with eligible parties, allowing such parties to apply by using FCC Form 601 for a new cellular system in that channel block within the market. *** ***** . #. Section 22.953 is removed. Sec. 22.953. . . . . . . .[Removed] ***** Sec. 22.964 Bidding application. All applicants who wish to participate in competitive bidding for cellular unserved area radiotelephone licenses must submit applications on FCC Form 175 pursuant to  1.2105 of this chapter. The Wireless Telecommunications Bureau will issue a Public Notice announcing the availability of cellular unserved area Phase I and Phase II licenses and, in the event that mutually exclusive applications are filed, the date of the auction for those licenses. This Public Notice will specify the date on or before which applicants intending to participate in a cellular unserved area radiotelephone service auction must file their applications in order to be eligible for that auction, and it will contain information necessary for completion of the application as well as other important information such as the materials which must accompany the short form, any up front payment that will need to be submitted, and the location where the application must be filed. . #. Section 22.966 is removed. Sec. 22.966 [Removed] APPENDIX F PROPOSED RULES - PART 24 CURRENT RULE NUMBER SUBJECT (proposed change) PROPOSED NEW OR REVISED RULE NUMBER 24.2(b) Other applicable rule parts (change to revise description of Part 1). 24.2(b) 24.5 Terms and definitions (change to include ULS). 24.5 24.11(a) Initial authorization (change to permit auction winners to file a single application for all markets won). 24.11(a) 24.103(i) Construction requirements (add notification section). 24.103(i) 24.202 Service areas (administrative change to reflect change in location of OET offices). 24.202 24.203 Construction requirements (add notification section). 24.203(d) 24.307 Long-form applications (move to consolidated Part 1 rule). 1.911, 24.307 24.405 Formal and informal applications (move to consolidated Part 1 rule). 1.911 24.406 Filing of Narrowband Personal Communications Service applications, fees, and numbers of copies (move to consolidated Part 1 rule). 1.905, 1.911, 1.913, 1.919 24.409 Standard application forms and permissive changes or minor modifications for the narrowband Personal Communications Service (move to consolidated Part 1 rule). 1.925 24.411(a) Miscellaneous forms -- Licensee Qualifications (move to consolidated Part 1 rule). 1.925 24.411(b) Miscellaneous forms -- Renewal of station license (move to consolidated Part 1 rule). 1.935 24.413 General application requirements (move to consolidated Part 1 rule). 1.911 24.419 Waiver of rules (move to consolidated Part 1 rule). 1.937 24.420 Defective applications (move to consolidated Part 1 rule). 1.945 24.421 Inconsistent or conflicting applications (move to consolidated Part 1 rule). 1.923 24.422 Amendment of application for narrowband Personal Communications Service filed on FCC Form 175 (move to consolidated Part 1 rule). 1.925 24.423 Amendment of applications for narrowband Personal Communications Service (other than applications filed on FCC Form 175) (move to consolidated Part 1 rule). 1.925 24.425 Application for temporary authorizations (move to consolidated Part 1 rule). 1.933 24.426 Receipt of application; applications in the narrowband Personal Communications Service filed on FCC Form 175 and other applications in the narrowband Personal Communications Service (move to consolidated Part 1 rule). 1.939 24.427 Public notice period (move to consolidated Part 1 rule). 1.947 24.428 Dismissal and return of applications (move to consolidated Part 1 rule). 1.945 24.429 Ownership changes and agreements to amend or to dismiss applications or pleadings (move to consolidated Part 1 rule). 1.919, 1.949 24.432 Consideration of applications (move to consolidated Part 1 rule). 1.941 24.439 Transfer of control or assignment of station authorization (move to consolidated Part 1 rule). 1.931 24.443 Extension of time to complete construction (move to consolidated Part 1 rule). 1.929 24.444 Termination of authorization (move to consolidated Part 1 rule). 1.955 24.707 Long-form applications (change form numbers to reflect ULS forms). 24.707 24.714(b)(1) Eligibility for partitioned licenses (NAD83 instead of NAD27). 24.714(b)(1) 24.714(f) Eligibility for partitioned licenses -- Construction requirements (add notification section). 24.714(f) 24.803 Authorization required (move to consolidated Part 1 rule). 1.907 24.805 Formal and informal applications (move to consolidated Part 1 rule). 1.911 24.806 Filing of broadband PCS applications; Fees; Numbers of copies (move to consolidated Part 1 rule). 1.911, 1.913 24.809 Standard application forms and permissive changes or minor modifications for the broadband Personal Communications Service (move to consolidated Part 1 rule). 1.911, 1.925, 1.927 24.811(a) Miscellaneous forms -- Licensee qualifications (eliminate Form 430). No new rule 24.813 General application requirements (move to consolidated Part 1 rule). 1.911 24.815 Technical content of applications; maintenance of list of station locations (move to consolidated Part 1 rule). 1.919 24.819 Waiver of rules (move to consolidated Part 1 rule). 1.937 24.820 Defective applications (move to consolidated Part 1 rule). 1.945 24.821 Inconsistent or conflicting applications (move to consolidated Part 1 rule). 1.923 24.822 Amendment of application to participate in auction for licenses in the broadband Personal Communications Service filed on FCC Form 175 (move to consolidated Part 1 rule). 1.925 24.823 Amendment of applications for licenses in the broadband Personal Communications Service (other than applications filed on FCC Form 175) (move to consolidated Part 1 rule). 1.925 24.825 Application for temporary authorizations (move to consolidated Part 1 rule). 1.933 24.826 Receipt of application; Applications in the broadband Personal Communications Services filed on FCC Form 175 and other applications in the broadband Personal Communications Services (move to consolidated Part 1 rule). 1.939 24.827 Public notice period (move to consolidated Part 1 rule). 1.947 24.828 Dismissal and return of applications (move to consolidated Part 1 rule). 1.945 24.829 Ownership changes and agreements to amend or to dismiss applications or pleadings (move to consolidated Part 1 rule). 1.949 24.832 Consideration of applications (move to consolidated Part 1 rule). 1.941 24.839 Transfer of control or assignment of license (move to consolidated Part 1 rule). 1.931 24.844 Termination of authorization (move to consolidated Part 1 rule). 1.955 . #. Part 24 of Title 47 of the Code of Federal Regulations (CFR) is amended as follows: PART 24 -- PERSONAL COMMUNICATIONS SERVICES. . #. The authority citation for Part 24 continues to read as follows: Authority: 47 U.S.C. 154, 301, 302, 303, 309, and 332. . #. Section 24.2(b) is revised to read as follows: Sec. 24.2 Other applicable rule parts. * * * * (b) Part 1. * * * Subpart F includes the rules for the Wireless Telecommunications Services and the procedures for filing electronically via the ULS. . #. Section 24.5 is revised by adding the following definition: Sec. 24.5 Terms and definitions. * * * * Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services, and provides public access to licensing information. * * * * #. Section 24.11 is amended by revising paragraph (a) in the following manner: Sec. 24.11 Initial authorization. (a) An applicant must file a single application for an initial authorization for all markets won and freq uency blocks desired. (b) * * * #. Section 23.103 is amended by adding paragraph (i) in the following manner: Sec. 24.103 Construction requirements. * * * * * (i) Via the ULS, the Commission will send a letter of reminder to a licensee ninety days prior to the expiration of the licensee's applicable construction or coverage deadline. The licensee must notify the Commission electronically by using FCC Form 601 via the ULS, no later than by the end of the five- and ten-year periods, respectively, that it has met the applicable service requirements. If the licensee fails to respond within the allotted time, then the authorization will automatically terminate. #. Section 24.202 is amended by revising the last sentence of the introductory paragraph in the following manner: Sec. 24.202 Service areas. * * * The BTA/MTA Map is available for public inspection at the Office of Engineering and Technology's Technical Information Center, 2000 M Street, N.W., Washington, DC 20554. * * * * * #. Section 24.203 is amended by adding paragraph (d) in the following manner: Sec. 24.203 Construction requirements. * * * * * (d) Via the ULS, the Commission will send a letter of reminder to a licensee ninety days prior to the expiration of the licensee's applicable construction or coverage deadline. The licensee must notify the Commission electronically by using FCC Form 601 via the ULS, no later than by the end of the five- and ten-year periods, respectively, that it has met the applicable service requirements. If the licensee fails to respond within the allotted time, then the authorization will automatically terminate. #. Section 24.307 is amended by revising the paragraph in the following manner: Sec. 24.307 Long-Form applications. Winning bidders will be required to submit long-form applications on FCC Form 601, as modified, within ten business days after being notified that they are the winning bidder. Applications on FCC Form 601 shall be submitted pursuant to the procedures set forth in Subpart G of this Part and sec. 1.2107 (c) and (d) of this chapter and any associated public notices. Only auction winners will be eligible to file applications on FCC Form 601 for initial narrowband PCS licenses in the event of mutual exclusivity between applicants filing Form 175. An applicant must file a single application for an initial authorization for all markets won and frequency blocks desired. #. Section 24.405 is removed. Sec. 24.405 [Removed] #. Section 24.406 is removed. Sec. 24.406 [Removed] #. Section 24.409 is removed. Sec. 24.409 [Removed] #. Section 24.411 is removed. Sec. 24.411 [Removed] #. Section 24.413 is removed. Sec. 24.413 [Removed] #. Section 24.419 is removed. Sec. 24.419 [Removed] #. Section 24.420 is removed. Sec. 24.420 [Removed] #. Section 24.421 is removed. Sec. 24.421 [Removed] #. Section 24.422 is removed. Sec. 24.422 [Removed] #. Section 24.423 is removed. Sec. 24.423 [Removed] #. Section 24.425 is removed. Sec. 24.425 [Removed] #. Section 24.426 is removed. Sec. 24.426 [Removed] #. Section 24.427 is removed. Sec. 24.427 [Removed] #. Section 24.428 is removed. Sec. 24.428 [Removed] #. Section 24.429 is removed. Sec. 24.429 [Removed] #. Section 24.432 is removed. Sec. 24.432 [Removed] #. Section 24.439 is removed. Sec. 24.439 [Removed] #. Section 24.443 is removed. Sec. 24.443 [Removed] #. Section 24.444 is removed. Sec. 24.444 [Removed] #. Section 24.707 is amended by revising the paragraph in the following manner: Sec. 24.707 Long-form applications. Each winning bidder will be required to submit a long-form application on FCC Form 601 within ten business days after being notified that it is the winning bidder. Applications on FCC Form 601 shall be submitted pursuant to the procedures set forth in Subpart I of this Part and sec. 1.2107(c) and (d) of this Chapter and any associated Public Notices. Only auction winners will be eligible to file applications on FCC Form 601 for initial broadband PCS licenses in the event of mutual exclusivity between applicants filing Form 175. #. Section 24.714 is amended by revising subparagraphs (b)(1) and (f) as follows: Sec. 24.714 Eligibility for partitioned licenses. * * * * * (b) * * * (1) In the case of partitioning, requests for authorization for partial assignment of a license must include, as attachments, a description of the partitioned service area and a calculation of the population of the partitioned service area and the licensed geographic service area. The partitioned service area shall be defined by coordinate points at every 3 seconds along the partitioned service area unless an Commission recognized service area is utilized (i.e., Major Trading Area, Basic Trading Area, Metropolitan Service Area, Rural Service Area or Economic Area) or county lines are followed. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). In the case where an Commission recognized service area or county lines are utilized, applicants need only list the specific area(s) (through use of Commission designations or county names) that constitute the partitioned area. * * * * (f) * * * (3) Ninety days prior to a construction deadline, the Commission will notify holders of partitioned and disaggregated licenses electronically via the ULS of the deadline. ##. Section 24.803 is removed. Sec. 24.803 [Removed] #. Section 24.805 is removed. Sec. 24.805 [Removed] #. Section 24.806 is removed. Sec. 24.806 [Removed] #. Section 24.809 is removed. Sec. 24.809 [Removed] #. Section 24.811 is removed. Sec. 24.811 [Removed] #. Section 24.813 is removed. Sec. 24.813 [Removed] #. Section 24.815 is removed. Sec. 24.815 [Removed] #. Section 24.819 is removed. Sec. 24.819 [Removed] #. Section 24.820 is removed. Sec. 24.820 [Removed] #. Section 24.821 is removed. Sec. 24.821 [Removed] #. Section 24.822 is removed. Sec. 24.822 [Removed] #. Section 24.823 is removed. Sec. 24.823 [Removed] #. Section 24.825 is removed. Sec. 24.825 [Removed] #. Section 24.826 is removed. Sec. 24.826 [Removed] #. Section 24.827 is removed. Sec. 24.827 [Removed] #. Section 24.828 is removed. Sec. 24.828 [Removed] #. Section 24.829 is removed. Sec. 24.829 [Removed] #. Section 24.832 is removed. Sec. 24.832 [Removed] #. Section 24.839 is removed. Sec. 24.839 [Removed] #. Section 24.844 is removed. Sec. 24.844 [Removed] APPENDIX G PROPOSED RULES - PART 26 CURRENT RULE NUMBER SUBJECT (proposed change) PROPOSED NEW OR REVISED RULE NUMBER 26.2 Other applicable rule parts (to revise the definition of Part 1). 26.2 26.4 Terms and definitions (to add ULS). 26.4 26.11 Initial authorization (change to reflect filing of a single application for all markets won). 26.11 26.104(e) Construction requirements (add notification section). 26.104(e) 26.207 Long form applications (change form numbers to reflect ULS forms; change to permit auction winners to file a single application for all winning markets). 26.207 26.209 Eligibility for partitioned licenses (change to allow electronic filing of agreements via ULS). 26.209 26.303 Formal and informal applications. No new rule 26.304 Filing of GWCS applications, fees, and numbers of copies (move to consolidated Part 1 rule). 1.905, 1.911, 1.919 26.305 Standard application forms and permissive changes or minor modifications for the General Wireless Communications Service (move to consolidated Part 1 rule). 1.911 26.306 Miscellaneous forms (move to consolidated Part 1 rule). 1.919 26.307 General application requirements (move to consolidated Part 1 rule). 1.919 26.310 Waiver of rules (move to consolidated Part 1 rule). 1.937 26.311 Defective applications (move to consolidated Part 1 rule). 1.945 26.312 Inconsistent or conflicting application (move to consolidated Part 1 rule). 1.923 26.313 Amendment of application for General Wireless Communications Service filed on FCC Form 175 (move to consolidated Part 1 rule). 1.927 26.314 Amendment of applications for General Wireless Communications Service -- Amendments as of right (other than applications filed on FCC Form 175) (move to consolidated Part 1 rule). 1.925, 1.927 26.315 Application for temporary authorizations (move to consolidated Part 1 rule). 1.933 26.316 Receipt of application; applications in the General Wireless Communications Service filed on FCC Form 175 and other applications in the GWCS Service (move to consolidated Part 1 rule). 1.911 26.317 Public notice period (move to consolidated Part 1 rule). 1.947 26.318 Dismissal and return of applications (move to consolidated Part 1 rule). 1.945 26.319 Ownership changes and agreements to amend or dismiss applications or to dismiss pleadings (move to consolidated Part 1 rule). 1.931 26.320 Oppositions to applications (move to consolidated Part 1 rule). 1.947 26.322 Consideration of applications (move to consolidated Part 1 rule). 1.941 26.323 Post-auction divestitures (change to allow electronic filing of agreements via ULS). 26.323 26.324 Transfer of control or assignment of station authorization (move to consolidated Part 1 rule). 1.931 26.325 Extension of time to complete authorization (move to consolidated Part 1 rule). 1.929 26.326 Termination of authorization (move to consolidated Part 1 rule). 1.955 81. Part 26 of Title 47 of the Code of Federal Regulations (CFR) is amended as fo llows: PA RT 26 -- GENERAL WIRELESS COMMUNICATIONS SERVICES. #. The authority citation for Part 26 continues to read as follows: Authority: 47 U.S.C. Sections 154, 301, 302, 303, 309 and 332, unless otherwise noted. ##. Section 26.2(b) is revised to read as follows: Sec. 26.2 Other applicable rule parts. * * * * (b) Part 1. * * * Subpart F includes the rules for the Wireless Telecommunications Services and the procedures for filing electronically via the ULS. ##. Section 26.4 is revised by adding the following definition: Sec. 26.4 Terms and definitions. * * * * Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services, and provides public access to licensing information. * * * * #. Section 26.11 is amended by revising paragraph (a) in the following manner: Sec. 26.11 Initial authorization. (a) An applicant must file a single application for an initial authorization for all markets won and freq uency blocks desired. (b) * * * ##. Section 26.104 is amended by adding paragraph (e) as follows: Sec.26.104 Construction requirements. * * * (e) The Commission will notify licensees by letter, sent electronically via the ULS or by mail, within ninety days before the end of the construction period, that the end of the five- and ten-year periods to provide service to one-third and two-thirds, respectively, of the population in the licensee s area is approaching. The licensee must notify the FCC electronically by using FCC Form 601 via the ULS, no later than by the end of the five- and ten-year periods, respectively, that it has met the applicable service requirements. If the licensee fails to respond within the allotted time, then the authorization will automatically terminate. #. Section 26.207 is amended by revising the paragraph in the following manner: Sec. 26.207 Long-form applications. Winning bidders will be required to submit a long-form application on FCC form 601 within ten business days after being notified that they are the winning bidder. A single application for all winning markets must be filed. Applications on FCC Form 601 shall be submitted pursuant to the procedures set forth in Subpart G of this Part and sec. 1.2107(c) and (d) of this chapter and any associated Public Notices. Only auction winners will be eligible to file applications on FCC Form 601 for initial GWCS licenses in the event of mutual exclusivity between applicants filing Form 175. #. Section 26.209 is amended by revising subparagraph (b)(2) in the following manner: Sec. 26.209 Eligibility for partitioned licenses. * * * * * (b) * * * (2) Each rural telephone company that is a party to an agreement to partition the license shall file, either electronically via the ULS or with a paper form, a long-form application for its respective, mutually agreed-upon geographic area together with the application for the remainder of the Economic Area filed by the auction winner. * * * * * #. Section 26.303 is removed. Sec. 26.303 [Removed] #. Section 26.304 is removed. Sec. 26.304 [Removed] #. Section 26.305 is removed. Sec. 26.305 [Removed] #. Section 26.306 is removed. Sec. 26.306 [Removed] #. Section 26.307 is removed. Sec. 26.307 [Removed] #. Section 26.310 is removed. Sec. 26.310 [Removed] #. Section 26.311 is removed. Sec. 26.311 [Removed] #. Section 26.312 is removed. Sec. 26.312 [Removed] #. Section 26.313 is removed. Sec. 26.313 [Removed] #. Section 26.314 is removed. Sec. 26.314 [Removed] #. Section 26.315 is removed. Sec. 26.315 [Removed] #. Section 26.316 is removed. Sec. 26.316 [Removed] #. Section 26.317 is removed. Sec. 26.317 [Removed] #. Section 26.318 is removed. Sec. 26.318 [Removed] #. Section 26.319 is removed. Sec. 26.319 [Removed] #. Section 26.320 is removed. Sec. 26.320 [Removed] #. Section 26.322 is removed. Sec. 26.322 [Removed] #. Section 26.323 is amended by revising the first sentence of paragraph (a) in the following manner. Sec. 26.323 Post-auction divestitures. * * * * * (a) The GWCS applicant shall submit electronically via the ULS, a signed statement with its long-form application (FCC Form 601) stating that sufficient properties will be divested within ninety days of the license grant. If the licensee is otherwise qualified, the Commission will grant the applications subject to a condition that the licensee come into compliance with the GWCS spectrum aggregation limits within 90 days of grant of the license. * * * * * #. Section 26.324 is removed. Sec. 26.324 [Removed] #. Section 26.325 is removed. Sec. 26.325 [Removed] #. Section 26.326 is removed. Sec. 26.326 [Removed] APPENDIX H PROPOSED RULES - PART 27 CURRENT RULE NUMBER SUBJECT (proposed change) PROPOSED NEW OR REVISED RULE NUMBER 27.3 Other applicable rule parts (change to revise description of Part 1). 27.3 27.4 Terms and definitions (to add ULS). 27.4 27.11 Initial authorization (to allow auction winners to file a single application for all winning markets). 27.11 27.14(e) Construction requirements (add notification section). 27.14(e) 27.15 (b)(1) Coordinate data (NAD83 instead of NAD27). 27.15(b)(1) 27.59 Environmental requirements (change form numbers to reflect ULS forms). 27.59 27.207 Procedures for filing petitions to deny against WCS long-form applications (move to consolidated Part 1 rule). 1.947 27.301 Authorization required (move to consolidated Part 1 rule). 1.911 27.303 Formal and informal applications (eliminate letter filings). No new rule 27.304 Filing of WCS applications, fees, and number of copies (move to consolidated Part 1 rule). 1.914 27.306 Miscellaneous forms (move to consolidated Part 1 rule). 1.931, 1.945 27.307 General application requirements (eliminate ownership information; move to consolidated Part 1 rule). 1.911 27.310 Waiver of rules (move to consolidated Part 1 rule). 1.937 27.311 Defective applications (move to consolidated Part 1 rule). 1.945 27.312 Inconsistent or conflicting applications (move to consolidated Part 1 rule). 1.923 27.313 Amendment of applications for Wireless Communications Service (move to consolidated Part 1 rule). 1.925 27.314 Application for temporary authorizations (move to consolidated Part 1 rule). 1.933 27.315 Receipt of application (move to consolidated Part 1 rule). 1.911 27.316 Public notice period (move to consolidated Part 1 rule). 1.947 27.317 Dismissal and return of applications (move to consolidated Part 1 rule). 1.945 27.319 Ownership changes and agreements to amend or dismiss applications or pleadings (move to consolidated Part 1 rule). 1.949 27.320 Opposition to applications (move to consolidated Part 1 rule). 1.949 27.322 Consideration of applications (move to consolidated Part 1 rule). 1.911 27.324 Transfer of control or assignment of station authorization (move to consolidated Part 1 rule). 1.933 27.325 Termination of authorization (move to consolidated Part 1 rule). 1.955 Part 27 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: Part 27 -- WIRELESS COMMUNICATIONS SERVICES ##. Section 27.3(b) is revised to read as follows: Sec. 27.3 Other applicable rule parts. * * * * (b) Part 1. * * * Subpart F includes the rules for the Wireless Telecommunications Services and the procedures for filing electronically via the ULS. ##. Section 27.4 is revised by adding the following definition: Sec. 27.4 Terms and definitions. * * * * Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services, and provides public access to licensing information. * * * * #. Section 27.11 is amended by revising paragraph (a) in the following manner: Sec. 27.11 Initial authorization. (a) An applicant must file a single application for an initial authorization for all markets won and frequency blocks desired. (b) * * * #. Section 27.14 is amended as follows: Sec. 27.14 Construction requirements; Criteria for comparative renewal proceedings. * * * (e) The Commission will notify licensees by letter, sent electronically via the ULS or by mail, within ninety days of the end of the construction period, that the end of the ten-year-period to provide substantial service in the licensee s area is approaching. The licensee must notify the Commission electronically by using FCC Form 601 via the ULS, no later than end of the ten-year-period that it has met the substantial service requirement. If the licensee fails to respond within the allotted time, then the authorization will automatically terminate. #. Section 27.15 is amended by revising the text of paragraph (b)(1) to read as follows: Sec. 27.15 Geographic partitioning and spectrum disaggregation. ***** (b) *** (1) Partitioning. In the case of partitioning, requests for authorization for partial assignment of a license must include, as attachments, a description of the partitioned service area and a calculation of the population of the partitioned service area and the licensed geographic service area. The partitioned service area shall be defined by coordinate points at every 3 degrees along the partitioned service area unless a Commission recognized service area is utilized (i.e. Major Trading Area, Basic Trading Area, Metropolitan Service Area, Rural Service Area, Economic Area, or Major Economic Area) or county lines are followed. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD 83). * * * #. Section 27.59 is amended by revising the text as follows: Sec. 27.59 Environmental requirements. WCS operations that may have significant environmental impact as defined by sections 1.1301 and 1.1319 of this chapter, must file an FCC Form 601 electronically via the ULS and supply specific technical information about the proposed site(s) prior to construction of each site as well as an environmental assessment in accordance with sections 1.1301 through 1.1319 of this chapter. *** ##. Section 27.207 is removed. Sec. 27.207 [Removed] ##. Section 27.301 is removed. Sec. 27.301 [Removed] #. Section 27.303 is removed. Sec. 27.303 [Removed] #. Section 27.304 is removed. Sec. 27.304 [Removed] #. Section 27.306 is removed. Sec. 27.306 [Removed] #. Section 27.307 is removed. Sec. 27.307 [Removed] #. Section 27.310 is removed. Sec. 27.310 [Removed] #. Section 27.311 is removed. Sec. 27.311 [Removed] #. Section 27.312 is removed. Sec. 27.312 [Removed] #. Section 27.313 is removed. Sec. 27.313 [Removed] #. Section 27.314 is removed. Sec. 27.314 [Removed] #. Section 27.315 is removed. Sec. 27.315 [Removed] #. Section 27.316 is removed. Sec. 27.316 [Removed] #. Section 27.317 is removed. Sec. 27.317 [Removed] #. Section 27.319 is removed. Sec. 27.319 [Removed] #. Section 27.320 is removed. Sec. 27.320 [Removed] #. Section 27.322 is removed. Sec. 27.322 [Removed] #. Section 27.324 is removed. Sec. 27.324 [Removed] #. Section 27.325 is removed. Sec. 27.325 [Removed] APPENDIX I PROPOSED RULES - PART 80 CURRENT RULE NUMBER SUBJECT (proposed change) PROPOSED NEW OR REVISED RULE NUMBER 80.3 Other applicable rule parts to this chapter (revise description of Part 1 to include changes made by implementation of ULS; amend (k) to reflect Part 101). 80.3 80.11 Scope (revise description of Part 1 to include changes made by implementation of ULS) 80.11 80.19 Standard forms to be used (move to consolidated Part 1 Rule). 80.19 80.21 Supplemental information required (change to allow electronic filing of supplemental information via ULS). 80.21 80.23 Filing of applications (move to consolidated Part 1 Rule). 1.915 80.29 Changes during license term change to allow electronic filing of written notices via ULS). No new rule 80.33 Developmental license (change to allow electronic filing of supplemental eligibility via ULS). 80.33 80.49 Time in which station is placed in operation (add notification section). 80.49 80.53 Application for a portable ship station license (change to allow electronic filing of application via ULS). 80.53 80.59 (c) Compulsory ship inspections (change form numbers). 80.59 (c) 80.469 Maritime Mobile Repeater Stations in Alaska (change to allow electronic filing of applications via ULS). 80.469 80.511 Assignment limitations (change to allow electronic filing of applications via ULS). 80.511 80.513 Frequency coordination (change to allow electronic filing of applications via ULS). 80.513 80.553 Supplemental eligibility requirements (change to allow electronic filing of supplemental information via ULS). 80.553 80.605 US Coast Guard Coordinator (change to require submission of Coast Guard approval of radionavigation stations only if requested by the Commission) 80.605 PART 80-STATIONS IN THE MARITIME SERVICES #. The authority citation for Part 80 continues to read as follows: AUTHORITY: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, and 303, unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 2377.. ***** #. Section 80.3 is amended by revising paragraph (k) to read as follows: Sec. 80.3 Other applicable rule parts of this chapter. (a) * * * (k) Part 101. This part contains rules concerning the private microwave service relating to point-to-point communication requirements. * * * * * #. Section 80.19 is amended by deleting and reserving this section: Sec. 80.19 Reserved. * * * * * #. Section 80.21 is amended by revising the introductory paragraph, deleting paragraphs (a) and (b), revising paragraph (e), and redesignating paragraphs (c), (d), and (e) as (a), (b), and (c) respectively to read as follows: Sec. 80.21 Supplemental information required. Applications must contain supplementary information as indicated in this section. Other supplemental information may be required by other rule sections of this part concerning particular maritime services. (a) * * * (c) A new station on a vessel not located in the United States must not be documented or otherwise registered by any foreign authority. The foreign authorities where the vessel is located will not or cannot license the vessel radio equipment and can not object to the licensing of the equipment by the United States. An applicant must provide verification of these facts upon request by the Commission. #. Section 80.23 is amended by deleting and reserving this section. Sec. 80.23 Reserved. #. Section 80.29 is amended by deleting and reserving this section. Sec. Sec. 80.29 Reserved. #. Section 80.33 is amended by revising paragraphs (b) and (c) to read as follows: Sec. 80.33 Developmental license. (b) Showing required. Each application for a developmental license must be accompanied by the following showing: * * * (c) Statement of understanding. The showing must state that the applicant agrees that any developmental license issued will be accepted with the express understanding that it is subject to change in any of its terms or to cancellation in its entirety at any time, upon reasonable notice but without a hearing, if, in the opinion of the Commission, circumstances should so require. * * * * * #. Section 80.49 is revised to read as follows: Sec. 80.49 Time in which station is placed in operation. This section applies only to public coast and public fixed stations. When a new license has been issued or additional operating frequencies have been authorized, the station or frequencies must be placed in operation no later than eight months from the date of grant. The Commission will notify licensees by letter, sent electronically via the Universal Licensing System or by mail, within ninety days, that the end of its construction period is approaching. The licensee must notify the Commission either electronically via the Universal Licensing System or by mail using FCC Form 601, no later than 15 days after the end of the construction period confirming that the station or frequencies have been placed in operation. If the licensee fails to respond within the allotted time, then the authorization will automatically terminate. #. Section 80.53 is amended by revising paragraph (a) to read as follows: Sec. 80.53 Application for a portable ship station license. (a) The Commission may grant a license permitting operation of a portable ship station aboard different vessels of the United States. Each application for a portable ship station must including a certification that: * * * * * #. Section 80.56 is amended by revising the title and text to read as follows: Sec. 80.56 Assignment of ship station license. A ship station license may be assigned to another eligible entity, so long as the assignee modifies that ship station license with the Commission in order to revise the information pertaining to the vessel and its ownership. * * * * * #. Section 80.59 is amended by revising paragraph (c) to read as follows: Sec. 80.59 Compulsory ship inspections. (a) *** (c) Application for exemption. FCC Form 601 must be used to apply for exemption from the radio provisions of part II or III of title III of the Communications Act, the Safety Convention, or the Great Lakes Radio Agreement, or for modification or renewal of an exemption previously granted. Applications for exemptions must be submitted to Federal Communications Commission, Waiver Requests, P.O. Box 358300, Pittsburgh, Pennsylvania 15251-5300. Such applications must be accompanied by the appropriate fee amount, as set forth in sec. 1.1102 of this chapter. Emergency requests must be filed with the Federal Communications Commission, Office of the Secretary, 1919 M Street, NW., room 222, Washington, DC 20554. (Note: with emergency requests, do not send the fee, you will be billed.) * * * * * #. Section 80.469 is amended by revising paragraph (c) to read as follows: Sec. 80.469 Maritime mobile repeater stations in Alaska. (a) * * * (c) Maritime mobile repeater stations may not be authorized in cases where operational fixed frequencies can be employed. * * * * * #. Section 80.511 is amended by revising paragraph (c) to read as follows: Sec. 80.511 Assignment limitations. (a) * * * (c) An applicant for an additional frequency based on congestion of the assigned frequency may be asked by the Commission to show that for any four periods of five consecutive days each, in the preceding six months, the assigned frequency was in use at least twenty-five percent of the time during three hours of daily peak activity. #. Section 80.513 is amended by revising paragraph (c)(1) to read as follows: Sec. 80.513 Frequency coordination. (a) * * * (c)(1) In lieu of the field study, the applicant may acquire a statement from a frequency coordinating committee. The applicant must certify on the application concerning the recommendations of the coordinating committee. The committee must * * * * * * * * #. Section 80.553 is amended by revising the initial paragraph to read as follows: Sec. 80.553 Supplemental eligibility requirements. An applicant for an operational fixed station must certify that: * * * * * #. Section 80.605 is amended by revising paragraphs (a), (c)(9), and (d) to read as follows: Sec. 80.605 U.S. Coast Guard coordination. (a) Radionavigation coast stations operated to provide information to aid in the movement of any ship are private aids to navigation. Before submitting an application for a radionavigation station, an applicant must obtain written permission from the cognizant Coast Guard District Commander having jurisdiction over the area in which the device will be located. The Commission may request an applicant to provide documentation as to this fact. Note: Surveillance radar coast stations do not require U.S. Coast Guard approval. (b) * * * (c) * * * (1) * * * (9) The maximum station e.i.r.p. if it would exceed 5 watts. The Commission may request an applicant to provide a copy of the request and the U.S. Coast Guard approval. (d) * * * and the hours of operation. The Commission may request an applicant to provide a copy of the request and the U.S. Coast Guard approval. APPENDIX J PROPOSED RULES - PART 87 CURRENT RULE NUMBER SUBJECT (proposed change) PROPOSED NEW OR REVISED RULE NUMBER 87.3 Other applicable rule parts (revise description of Part 1 to include changes made by implementation of ULS). 87.3 87.17 Scope (revise description of Part 1 to include changes made by implementation of ULS). 87.17 87.21 Standard forms to be used (move to consolidated Part 1 Rule). 1.913, 1.923 87.23(a) Supplemental information required (change to allow electronic filing of supplemental information via ULS). 87.23 87.25 intro and (b) Filing of applications (move to consolidated Part 1 Rule). 1.913 87.31 Changes during license term (major/minor amendments, ALs/TCs). 87.31 87.33 Transfer of aircraft station license prohibited (change to allow electronic filing of information via ULS). 87.33 87.35 Cancellation of license (change to allow electronic filing of cancellation via ULS). 87.35 87.37(a) Developmental license (change to allow electronic filing of supplemental eligibility via ULS). 87.37(a) 87.45 Time in which station is placed in operation (add notification section). 87.45 87.51(a) Aircraft earth station commissioning (change form numbers). 87.51(a) 87.137 Types of emission (change to allow electronic filing of information via ULS). 87.137 87.215(d) Supplemental eligibility (change to allow electronic filing of supplemental eligibility via ULS). 87.215(d) 87.239 Supplemental eligibility change to allow electronic filing of supplemental eligibility via ULS). 87.239 87.301(b) Supplemental eligibility (change to allow electronic filing of supplemental eligibility via ULS). 87.301 87.307(d) Cooperative use of facilities change to allow electronic filing of information via ULS). 87.303(d) 87.321 Supplemental eligibility (change to allow electronic filing of supplemental eligibility via ULS). 87.321 87.323 Frequencies (change to allow electronic filing of information via ULS). 87.323 87.347(c) Supplemental eligibility (change to allow electronic filing of supplemental eligibility via ULS). 87.347(c) 87.419(b) Supplemental eligibility (change to allow electronic filing of supplemental eligibility via ULS). 87.419 87.421 Frequencies (change to allow electronic filing of information via ULS). 87.421 87.423 Hours of operation (change to allow electronic filing of information via ULS). 87.423 87.447 Supplemental eligibility change to allow electronic filing of supplemental eligibility via ULS). 87.447 87.475(a) Frequencies (change to allow electronic filing of information via ULS). 87.475(a) 87.481 Unattended operation of domestic radiobeacon stations (change to allow electronic filing of information via ULS). 87.481 87.527(b) Supplemental eligibility (change to allow electronic filing of supplemental eligibility via ULS). 87.527(b) PART 87-AVIATION SERVICES A. The authority citation for Part 87 continues to read as follows: AUTHORITY: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, and 303, unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609.. ***** B. Section 87.17 is revised to read as follows: Sec. 87.17 Scope Part 1 of the Commission's rules contains the general rules of practice and procedure applicable to proceedings before the Commission and for the filing of applications for radio station licenses in the aviation services. Specific guidance for each type of radio service license in aviation services is set forth in this Part. C. Section 87.21 is amended by deleting and reserving this section: Sec. 87.21 Reserved. * * * * * D. Section 87.23 is amended by deleting and reserving this section: Sec. 87.23 Reserved. * * * * * E. Section 87.25 is amended by revising paragraph (b) to read as follows: Sec. 87.25 Filing of applications. (a) *** (b) An application must be filed with the Commission in accordance with Part 1, Subpart F of this chapter. Applications requiring fees as set forth at Part 1, Subpart G of this chapter must be filed in accordance with Sec. 0.401(b) of the rules. * * * * * F. Section 87.31 is amended by deleting and reserving this section. Sec. 87.31 Reserved. G. Section 87.33 is amended by revising the title and text to read as follows: Sec. 87.33 Assignment of aircraft station license. An aircraft station license may be assigned to another eligible entity, so long as the assignee modifies that station license with the Commission. H. Section 87.35 is revised to read as follows: Sec. 87.35 Cancellation of license. When a station permanently discontinues operation the station license must be cancelled in accordance with the procedures set forth in Part 1 of this chapter. I. Section 87.37 is amended by revising paragraph (a) to read as follows: Sec. 87.37 Developmental license. (a) Showing required. Each application for a developmental license must be accompanied by the following showing: * * * * * J. Section 87.45 is revised to read as follows: Sec. 87.45 Time in which station is placed in operation. This section applies only to unicom stations and radionavigation land stations, excluding radionavigation land test stations. When a new license has been issued or additional operating frequencies have been authorized, the station or frequencies must be placed in operation no later than eight months from the date of grant. The Commission will notify licensees by letter, sent electronically via the Universal Licensing System or by mail, within __ days, that the end of its construction period is approaching. The licensee must notify the Commission (Form 601), either electronically via the Universal Licensing System or by mail, no later than 15 days after the end of the construction period confirming that the station or frequencies have been placed in operation. If the licensee fails to respond within the allotted time, then the authorization will automatically terminate. K. Section 87.51 is amended by revising paragraph (a) to read as follows: Sec. 87.51 Aircraft earth station commissioning. (a) Aircraft earth stations which require commissioning to use a privately owned satellite system must submit FCC Form 605 to the Commission before transmitting on any satellite frequency bands allocated for aeronautical mobile-satellite communications. * * * * * L. Section 87.137 is amended by removing paragraph (d). M. Section 87.215 is amended by revising paragraph (d) to read as follows: Sec. 87.215 Supplemental eligibility. (a) * * * (d) * * *ten days preceding the filing of the application with the Commission. Each applicant must certify upon application that either notice has been given and include the date of * * * N. Section 87.239 is revised to read as follows: Sec. 87.239 Supplemental eligibility. Each applicant for a multicom may be required to demonstrate why such a station is necessary, based on the scope of service defined above. O. Section 87.301 is amended by revising paragraph (b) to read as follows: Sec. 87.301 Supplemental eligibility. (a) * * * (b) Each application must include a certification sufficient to establish the applicant's eligibility under the criteria in paragraph (a) of this section. P. Section 87.307 is amended by revising paragraph (d) to read as follows: Sec. 87.307 Cooperative use of facilities. (a) * * * (d) Applicants for an additional flight test land station at an airport where such a station is already authorized may be required to submit a factual showing to include the following: * * * * * Q. Section 87.321 is revised to read as follows: Sec. 87.321 Supplemental eligibility. Each applicant must certify as to its eligibility under the scope of service described above. R. Section 87.323 is amended by revising paragraph (b) to read as follows: Sec. 87.323 Frequencies. (a) * * * (b) * * *Applicants for 121.950 MHz must coordinate their proposal with the appropriate FAA Regional Spectrum Management Office. The application must specify the FAA Region notified and the date notified. Applicants for aviation support * * * * * * * * S. Section 87.347 is amended by revising paragraphs (b) and (c) to read as follows: Sec. 87.347 Supplemental eligibility. (a) * * * (b) * * * (1) Have a need to routinely operate a ground vehicle on the airport movement area; (2) Maintain a list of the vehicle(s) in which the station is to be located; (3) Certify on the application that either the applicant is the airport owner or operator, or a state or local government aeronautical agency, or that the airport owner or operator has granted permission to operate the vehicle(s) on the airport movement area. (c) An applicant for an aeronautical utility station requesting authority to transmit on the local control (tower) frequency or on the control tower remote communications outlet (RCO) frequency must certify that the Air Traffic Manager of the airport control tower approves the requested use of the tower or RCO frequency. T. Section 87.419 is amended by revising paragraph (b) to read as follows: Sec. 87.419 Supplemental eligibility. (a) * * * (b) Each applicant must notify the appropriate FAA Regional Office prior to submitting an application to the Commission. U. Section 87.421 is amended by revising paragraph (b) to read as follows: Sec. 87.421 Frequencies. (a) * * * (b) Frequencies in the bands 200.0-285.0 and 325.0-405.0 kHz will normally be assigned only to control towers and RCOs authorized to operate on at least one VHF frequency. The Commission may assign frequencies in these bands to entities that do not provide VHF service in cases where granting such an application will not adversely affect life and property in the air. * * * * * V. Section 87.423 is revised to read as follows: Sec. 87.423 Hours of operation. The control tower must render a communications service 24 hours a day unless the Commission determines, in coordination with the NTIA IRAC, that reduced hours of service will not adversely affect life and property in the air. W. Section 87.447 is amended by revising the initial paragraph to read as follows: Sec. 87.447 Supplemental eligibility. An applicant for an operational fixed station must certify that: * * * * * X. Section 87.473 is amended by removing paragraph (a) and redesignating paragraphs (b) and (c) as (a) and (b) respectively. Y. Section 87.475 is amended by revising paragraph (a) to read as follows: Sec. 87.475 Frequencies. (a) * * *location or emission. Each application must include the FAA Regional Office notified and date of notification. * * * * * Z. Section 87.481 is amended by revising paragraph (a) to read as follows: Sec. 87.481 Unattended operation of domestic radiobeacon stations. (a) Radiobeacons may be licensed for unattended operation. An applicant must comply with the following: (1) * * * (4) A properly authorized person must be able to reach the transmitter and disable it in a reasonable amount of time, so as not to adversely affect life or property in the air; * * * * * AA. Section 87.527 is amended by revising paragraph (b) to read as follows: Sec. 87.527 Supplemental eligibility. (a) * * * (b) Eligibility for an automatic weather observation station or an automatic terminal information station is limited to the owner or operator of an airport or to a person who has entered into a written agreement with the owner or operator for exclusive rights to operate and maintain the station. A copy of the agreement must be kept with the station's records. * * * * * APPENDIX K PROPOSED RULES - PART 90 CURRENT RULE NUMBER SUBJECT (proposed change) PROPOSED NEW OR REVISED RULE NUMBER 90.5(b), (m) Other applicable rule parts (revise Part 1 to include changes made by implementation of ULS; update part 101). 90.5(b), (m) 90.7 Definitions (add definition for ULS) 90.7 90.111 Scope (revise Part 1 to include changes made by implementation of ULS). 90.111 90.117 Applications for radio station or radio system authorizations (move to consolidated Part 1 Rule). 1.903, 1.915 90.119 Application forms (revise to reflect implementation of electronic filing). 90.119 90.123 Full disclosures (move to consolidated Part 1 Rule). 1.923 90.125 Who may sign applications (move to consolidated Part 1 Rule). 1.917 90.127 Submission and filing of applications (revise to allow electronic filing via ULS). 90.127 90.127(a) Submission and filing of applications (move and combine with 90.175). 90.175 90.127(d) Submission and filing of applications (combine with new rule). 1.913, 1.915 90.129 Supplemental information to be routinely submitted with applications (change to allow electronic filing of information via ULS). 90.129 90.131 Amendment or dismissal of applications (move to consolidated Part 1 Rule). 1.927, 1.934 90.135 Modification of license (revise to reflect electronic filing via ULS). 90.135 90.137(a) Applications for operation at temporary locations (revise to reflect electronic filing and cross-reference 1.933). 90.137(a) 90.138 Applications for itinerant frequencies change to allow electronic filing of application via ULS). 90.138 90.139 Commission processing of applications (move to consolidated Part 1 Rule). 1.926 90.143 Grants of applications (move to consolidated Part 1 Rule). 1.945 90.145 Special temporary authority (move to consolidated Part 1 Rule). 1.931 90.147 Mailing address furnished by licensee (move to consolidated Part 1 Rule). 1.913 90.149(a), (b) License Term (remove references to license reinstatement). 90.149(a) 90.151 Requests for waiver (move to consolidated Part 1 Rule). 1.925 90.153 Transfer or assignment of station authorization (move to consolidated Part 1 Rule). 1.948 90.155(d) Time in which station must be placed in operation (remove requirement of returning cancelled license to FCC). 90.155(d) 90.157 Discontinuance of station operation (change to reflect electronic filing via the ULS). 90.157 90.159 Temporary and conditional permits (change to reflect ULS). 90.159 90.160 Public Notice (move to consolidated Part 1 Rule). 1.933 90.161(a) Amendment or dismissal of applications -- Amendment (move to consolidated Part 1 Rule). 1.927 90.161(b) Amendment or dismissal of applications (move to consolidated Part 1 Rule). 1.934 90.162 Agreements to dismiss applications, amendments, or pleadings (move to consolidated Part 1 Rule). 1.935 90.163 Petitions to deny, responsive pleadings (move to consolidated Part 1 Rule). 1.939 90.164 Classification of filings as major or minor (move to consolidated Part 1 Rule). 1.929 90.165 Procedures for mutually exclusive applications (change to allow electronic filing of information via ULS). 90.165 90.166 Grants of applications (move to consolidated Part 1 Rule). 1.945 90.167 Time in which a station must commence service (change form numbers; add notification section). 90.167 90.175, (b)(e)(f) Frequency coordination requirements (change to allow electronic filing of information via ULS). 90.175,(b)(e)(f) 90.177(a)(3), (f)(2) Protection of certain radio receiving locations (change to allow electronic filing of information via ULS). 90.177(a)(3), (f)(2) 90.187(a) Trunking in the bands between 150 and 512 MHz (change form number, change to allow electronic filing of information via the ULS) 90.187(a) 90.237(b) Interim provisions for operation of radioteleprinter and radio facsimile devices (removed and reserved). No new rule 90.241(c)(7) Radio call box operations (change to allow electronic filing of information via ULS). 90.241(c)(7) 90.266(g), (h) Long distance communications on frequencies between 2 and 25 MHz (change to allow electronic filing of information via ULS). 90.266(g), (h) 90.283(g) Inter-service sharing of maritime frequencies in the 156-162 MHz band (change to allow electronic filing of information via ULS). 90.283(g) 90.350 Scope (revise Part 1). 90.350 90.351(a) Location and monitoring service (change to allow electronic filing of information via ULS). 90.351(a) 90.437(c) Posting station licenses (change form numbers). 90.437(c) 90.437(d) Posting station licenses (remove). No new rule 90.477(a) Interconnected systems change to allow electronic filing of information via ULS). 90.477(a) 90.501 Scope (revise to reflect Part 1). 90.501 90.517 Report of operation (change to allow electronic filing of information via ULS). 90.517 90.601 Scope (revise to reflect Part 1). 90.601 90.605 Forms to be used (change form numbers). 90.605 90.607 Supplemental information to be furnished by applicants for facilities under this subpart (change to allow electronic filing of information via ULS). 90.607 90.609(a) Special limitations on amendment of applications for assignment or transfer of authorizations for radio systems above 800 MHz (move to consolidated Part 1 Rule). 1.927, 1.948 90.611 Processing of applications (move to consolidated Part 1 Rule). 1.926 90.621(e)(3)(i)( e)(5),(f)(1) Selection and assignment of frequencies (change to allow electronic filing of information via ULS). 90.621(e)(3)(i), (e)(5),(f)(1) 90.625(a) Other criteria to be applied in assigning channels for use in conventional systems of communications (change to allow electronic filing of information via ULS). 90.625(a) 90.629(c), (d) Extended implementation period (change to allow electronic filing of information via ULS). 90.629(c), (d) 90.631(b), (f) Trunked system loading construction and authorization requirements (change to allow electronic filing of information via ULS). 90.631(b), (f) 90.633(e) Conventional systems loading requirements (change to allow electronic filing of information via ULS). 90.633(e) 90.645(g),(h) Permissible operations (change to allow electronic filing of information via ULS). 90.645(g),(h) 90.651(b), (c), (d) Supplemental reports required of licenses authorized under this subpart (change to allow electronic filing of information via ULS). 90.651(b), (c), (d) 90.657 Temporary permit (move to consolidated Part 1 Rule). 1.931 90.658(a) Loading data required... (change to allow electronic filing of information via ULS). 90.658(a) 90.659 Change in number or location of base stations or transmitters (change cross reference-Section 90.135 is being moved to Part 1). 90.659 90.665(c) Authorization, construction and implementation of MTA licenses (change to allow electronic filing of information via ULS). 90.665(c) 90.667(a),(b) Grandfathering provisions for incumbent licensees (change to allow electronic filing of information via ULS). 90.667(a),(b) 90.683(a)(4) EA-based SMR system operations (change form number). 90.683(a)(4) 90.687 Policies governing the licensing and use of ES-Based SMR systems in the 806-821/851-866 Band (change reference to 90.153 to reflect new rule 1.931). 90.687 90.693(b), (d) Grandfathering provisions for incumbent licensees (change form numbers). 90.693(b), (d) 90.693(c) Grandfathering provisions for incumbent licensees (change form numbers). 90.693(c) 90.701(a) Scope (revise to reflect Part 1). 90.701(a) 90.705 Forms to be used (change form numbers). 90.705 90.709 Special limitations on amendment of applications and on assignments or transfer of authorizations licensed under this subpart. (change to allow electronic filing of information via ULS). 90.709 90.711 Processing of applications (move to consolidated Part 1 Rule). 1.926 90.723(a), (i) Selection and assignment of frequencies (change to allow electronic filing of information via ULS). 90.723(a), (i) 90.725(d), (e) Construction requirements for Phase I licenses (change to allow electronic filing of information via ULS; add notification section). 90.725(d), (e), (i) 90.727(a) Extended implementation schedules (change to allow electronic filing of information via ULS). 90.727(a) 90.733(h)(2) Permissible operations (change cross-reference). 90.733(h)(2) 90.737(b)-(e) Supplemental reports required of licensees (change to allow electronic filing of information via ULS). 90.737(b)-(e) 90.751 Minor modifications add "of" non-nationwide licenses (change to cross-reference new rule sections). 90.751 90.753(d), (e) Conditions of license modifications (eliminate letter filing and change to allow electronic filing of information via ULS). 90.753(d), (e) 90.755 Procedures for license modification (move to consolidated Part 1 Rule). 1.927, 1.929 90.763(b) EA, Regional and Nationwide system operations (change to allow electronic filing of information via ULS). 90.763(b) 90.767(b), (c) Construction and implementation of EA and regional licenses (change to allow electronic filing of information via ULS). 90.767(b), (c) 90.1013 Long-form application (FCC Form 601) (change form numbers and change to permit auction winners to file a single application for all markets won). 90.1013 90.1019(b) Eligibility for partitioned licenses (change form numbers). 90.1019(b) 90.1019(c) Eligibility for partitioned licenses (change cross- reference from 90.153 to 1.931) 90.1019(c) 90.1023(b) Certifications, disclosures, records, maintenance and audits (change to reflect electronic filing and change form numbers). 90.1023(b) PART 90 - PRIVATE LAND MOBILE RADIO SERVICES 1. The authority citation for Part 90 continues to read as follows: AUTHORITY: Secs. 4, 251-2, 303, 309, and 332, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 251-2, 303, 309, and 332, unless otherwise noted. 2. Section 90.5 is amended by revising paragraphs (b) and (m) to read as follows. Sec. 90.5 Other applicable rule parts. * * * * * (b) Part 1 of this chapter includes rules of practice and procedure for the filing of applications for stations to operate in the Wireless Telecommunications Services, adjudicatory proceedings including hearing proceedings, and rule making proceedings; procedures for reconsideration and review of the Commission's actions; provisions concerning violation notices and forfeiture proceedings; and the environmental processing requirements that, if applicable, must be complied with prior to initiating construction. * * * (m) Part 101 governs the operation of fixed microwave services. * * * * * 3. Section 90.7 is amended by adding the following new definition: Sec. 90.7 Definitions. * * * * * Universal Licensing System (ULS). The consolidated database, application filing system and processing system for all Wireless Telecommunications Services. The ULS offers Wireless Telecommunications Bureau (WTB) applicants and the general public electronic filing of all applications requests, and full public access to all WTB licensing data. * * * * * 4. Section 90.111 is revised to read as follows: Sec. 90.111 Scope. This subpart supplements Title 47, chapter 1, Subpart F of the Code of Federal Regulations which establishes the requirements and conditions under which commercial and private radio stations may be licensed and used in the Wireless Telecommunications Services. The provisions of this subpart contain additional pertinent information for current and prospective licensees specific to the services governed by this Part 90. 5. Section 90.117 is removed. Sec. 90.117 [Removed] 6. Section 90.119 is revised to read as follows: Sec. 90.119 Application Requirements. (a) Part 1, Subpart F of this chapter contains the application filing procedures for the Wireless Telecommunications Services, including applications for new base, fixed, or mobile station authorizations governed by this Part. (b) If the applicant proposes that control stations will operate on the same frequency as the mobile station, and if the height of the control station(s) antenna(s) will not exceed 6.1 meters (20 feet) above ground or an existing man-made structure (other than an antenna structure), there is no limit on the number of such stations which may be authorized. Appropriate items on FCC Form 601 shall be completed showing the frequency, the station class, the total number of control stations, the emission, and the output power of the highest powered control station. 7. Section 90.123 is removed. Sec. 90.123 [Removed] 8. Section 90.125 is removed. Sec. 90.125 [Removed] 9. Section 90.127 is revised to read as follows: Sec. 90.127 Submission and filing of applications. (a) Applications should be filed in accordance with Part 1, Subpart F of this chapter. Unless otherwise specified, an application should be filed, either manually or electronically, at least 60 days prior to the desired date of Commission action. Applications for renewal should be filed no more than 90 days nor less than 30 days prior to the end of the license term. When timely and sufficient application for renewal of the license has been made, the license shall not expire until Commission action on the application has been completed. See Section 1.4 of this chapter regarding computation of time. (b) Each application shall limit its request for authorized mobile transmitters and paging receivers to: (1) Mobile transmitters and paging receivers that will be installed and operated immediately after authorization issuance. (2) Mobile transmitters and paging receivers for which purchase orders have already been signed and which will be in use within eight months of the authorization date. (c) All applications for modification of license and renewal of license must include the number of mobile transmitters and paging receivers in use on the licensed facilities. 10. Section 90.129 is amended by revising the introductory paragraph and paragraph (a) to read as follows: Sec. 90.129 Supplemental information to be routinely submitted with applications. Each application under this part that is received by the Commission, through the application process outlined in Part 1, Subpart F, must be accompanied by the applicable information listed below: (a) Certification of frequency coordination as required by Sec. 90.175. * * * * * 11. Section 90.131 is removed. Sec. 90.131 [Removed] START HERE 12. Section 90.135 is revised to read as follows: Sec. 90.135 Modification of License. Pursuant to Section 1.947 of this chapter, a licensee must use FCC Form 601 to notify the Commission of changes in an authorized station license. Except as specified in paragraph (c) of this section, the licensee shall submit the Form 601 to the Commission manually or electronically through the Universal Licensing System. (a) The licensee must notify the Commission immediately of the following changes: (1) Change in mailing address of licensee. (2) Change of name only of licensee, without changes in ownership, control, or corporate structure. (3) Change in the type of emission when: (i) Operation is in the 150-174 MHz or 421-512 MHz bands; and (ii) The modification will be for a narrower emission than specified in the current authorization. (b) The licensee must notify the Commission within 30 days of the following changes: (1) Change in the number and location of station control points or of control stations operating below 470 or above 800 MHz meeting the requirements of Sec. 90.119(a)(2)(ii). (2) Change in the number of mobile units operated by Radiolocation Service licensees. (3) Any other changes not listed in paragraph (a) of this section. (c) Unless specifically exempted in Section 90.175, the Form 601 application for modification of a license must be submitted to the applicable frequency coordinator for the following proposed changes: (1) Change in frequency. (2) Change in the type of emission. (3) Change in power from that authorized. (4) Change in antenna height from that authorized. (5) Change in the authorized location or number of base stations, fixed, control or, for systems operating on non-exclusive assignments in the 470-512 MHz, 800 MHz or 900 MHz bands, a change in the number of mobile transmitters, or a change in the area of mobile operations from that authorized. (6) Change in the class of a land station, including changing from multiple licensed to cooperative use, and from shared to unshared use. (7) Any change in ownership, control, or corporate structure. (d) Any change that requires a fee as set forth at Part 1, Subpart G of this chapter must be filed in accordance with Section 1.913 of this chapter. 13. Section 90.137 is amended by revising the introductory text of paragraph (a) to read as follows: Sec. 90.137 Applications for operation at temporary locations. (a) An application for authority to operate a base or a fixed transmitter at temporary locations shall be filed manually or electronically, using FCC Form 601, in accordance with Section 1.931 of this chapter. * * * * * 14. Section 90.139 is removed. Sec. 90.139 [Removed] 15. Section 90.143 is removed. Sec. 90.143 [Removed] 16. Section 90.145 is removed. Sec. 90.145 [Removed] 17. Section 90.147 is removed. Sec. 90.147 [Removed] 18. Section 90.149 is amended by removing and reserving paragraph (b) and by removing the final sentence of paragraph (a) to read as follows: Sec. 90.149 License Term. (a) Licenses for stations authorized under this part will be issued for a term not to exceed five (5) years from the date of the original issuance, modification, or renewal, except that the license term for stations licensed as commercial mobile radio service on 220-222 MHz, 929-930 MHz paging, Industrial/Business Pool, and SMR frequencies shall be ten (10) years. (b) [Reserved] * * * * * 19. Section 90.151 is removed. Sec. 90.151 [Removed] 20. Section 90.153 is removed. Sec. 90.153 [Removed] 21. Section 90.155 is amended by revising paragraph (d) to read as follows: Sec. 90.155 Time in which station must be placed in operation. * * * (d) Multilateration LMS systems authorized in accordance with Section 90.353 must be constructed and placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically. EA-licensed multilateration LMS systems will be considered constructed and placed in operation if such systems construct a sufficient number of base stations that utilize multilateration technology (see paragraph (e) of this section) to provide multilateration location service to at least 1/3 of the counties in the EA. 22. Section 90.157 is amended by revising it in its entirety to read as follows: Sec. 90.157 Discontinuance of station operation. A station license shall cancel automatically upon permanent discontinuance of operations. Unless stated otherwise in this part or in a station authorization, for the purposes of this section, any station which has not operated for one year or more is considered to have been permanently discontinued. Alternatively, the licensee may notify the Commission of the discontinuance of station operations by checking the appropriate box on the FCC Form 601 and requesting license cancellation. This notification may be submitted electronically via the Universal Licensing System or sent to the Federal Communications Commission, Gettysburg, PA 17326. 23. Section 90.159 is amended by revising paragraphs (a), (c), (d) and the introductory text of paragraph (b) to read as follows: Sec. 90.159 Temporary and conditional permits. (a) In accordance with Section 90.133, an applicant for a license under this Part (other than a commercial mobile radio license) utilizing an already licensed facility may operate the radio station(s) for a period of up to one hundred eighty (180) days under a temporary permit evidenced by a properly executed FCC Form 601 application for temporary authority after submitting a Form 601 application for a station license in accordance with Sec. 90.127, provided that all the antennas employed by control stations are 6.1 meters (20 feet) or less above ground or 6.1 meters (20 feet) or less above a man-made structure other than an antenna tower to which it is affixed. When required by Sec. 90.175, applications must be accompanied by evidence of frequency coordination. The temporary operation of stations, other than mobile stations within the Canadian coordination zone is limited to stations with a maximum of 5 watts effective radiated power and a maximum antenna height of 6.1 meters (20 ft) above average terrain. (b) An applicant proposing to operate a new land mobile radio station or modify an existing station below 470 MHz or in the one-way paging 929-930 MHz band (other than a commercial mobile radio service applicant or licensee on these bands) that is required to submit a frequency recommendation pursuant to paragraphs (b) through (h) of Sec. 90.175 may operate the proposed station during the pendency of its application for a period of up to one hundred eighty (180) days under a conditional permit upon the filing of a properly completed formal Form 601 application that complies with Sec. 90.127 if the application is accompanied by evidence of frequency coordination in accordance with Sec. 90.175 and provided that the following conditions are satisfied: * * * * * (c) An applicant proposing to operate an itinerant station or an applicant seeking the assignment of authorization or transfer of control of a license for an existing station below 470 MHz or in the 929-930 MHz band (other than a commercial mobile radio service applicant or licensee on these bands) may operate the proposed station during the pendency of the application for a period not to exceed one hundred eighty (180) days under a conditional permit upon the filing of a properly completed formal Form 601 application that complies with Sec. 90.127. Conditional authority ceases immediately if the application is returned by the Commission because it is not acceptable for filing. All other categories of applications listed in Sec. 90.175(i) that do not require evidence of frequency coordination are excluded from the provisions of this section. (d) Conditional authorization does not prejudice any action the Commission may take on the subject application. Conditional authority is accepted with the express understanding that such authority may be modified or cancelled by the Commission at any time without hearing if, in the Commission's discretion, the need for such action arises. Consistent with Sec. 90.175(g), the applicant assumes all risks associated with operation under conditional authority, the termination or modification of conditional authority, or the subsequent dismissal or denial of its application. Authority reverts back to the original licensee if an assignee or transferee's conditional authority is cancelled. * * * * * 24. Section 90.160 is removed. Sec. 90.160 [Removed] 25. Section 90.161 is removed. Sec. 90.161 [Removed] 26. Section 90.162 os removed. Sec. 90.162 [Removed] 27. Section 90.163 is removed. Sec. 90.163 [Removed] 28. Section 90.164 is removed. Sec. 90.164 [Removed] 29. Section 90.165 is amended by revising the first introductory paragraph, the introductory text of paragraphs (b) and (c), and paragraph (b)(1) and by removing paragraph (d)(3) to read as follows: Sec. 90.165 Procedures for mutually exclusive applications. Mutually exclusive commercial mobile radio service applications are processed in accordance with Part 1 of this chapter and with the rules in this section, except for mutually exclusive applications for licenses in the 220-220 MHz service and the 929-930 MHz Paging service, which are processed in accordance with the rules in subpart P and subpart T of this part. * * * * * (b) Filing groups. Pending mutually exclusive applications are processed in filing groups. Mutually exclusive applications in a filing group are given concurrent consideration. The Commission may dismiss as defective (pursuant to Section 1.934 of this chapter) any mutually exclusive applications(s) whose filing date is outside of the date range for inclusion in the filing group. The types of filing groups used in day-to-day application processing are specified in paragraph (c)(3) of this section. A filing group is one of the following types: (1) Renewal filing group. A renewal filing group comprises a timely-filed application for renewal of an authorization and all timely-filed mutually exclusive competing applications (see section 1.949 of this chapter). * * * * * (c) Procedures. Generally, the Commission may grant one application in a filing group of mutually exclusive applications and dismiss the other application(s) in the filing group that are excluded by the grant, pursuant to Section 1.935 of this chapter. (1) * * * (2) Dismissal of applications. The Commission may dismiss any application in a filing group that is defective or otherwise subject to dismissal under Section 1.934 of this chapter, either before or after employing selection procedures. * * * * * 30. Section 90.166 is removed. Sec. 90.166 [Removed] 31. Section 90.167 is revised to read as follows: Sec. 90.167 Time in which a station must commence service; notification requirement. Pursuant to Section 1.946 of this chapter, unless otherwise specified in this part, all 220-222 MHz, private carrier paging, Industrial/Business Pool, and SMR licensees must commence service within twelve (12) months from the date of grant or the authorization cancels automatically. The Commission will notify licensees by electronic mail or by postal mail, within __ days, that the end of its one year construction period is approaching. The licensee must notify the Commission (Form 601), either electronically via the Universal Licensing System or by mail, no later than 15 days after the end of the one year period of the completion or satisfaction of its construction requirements. If the licensee fails to respond within the allotted time, then the authorization will automatically terminate. For purposes of this section, a station licensed to provide commercial mobile radio service is not considered to have commenced service unless it provides service to at least one unaffiliated party. An application for extension of time to commence service must be submitted on Form 601 in accordance with the procedures detailed in Section 1.946 of this chapter. 32. Section 90.175 is amended by revising the introductory paragraph and paragraphs (b), (e) and (f) to read as follows: Sec. 90.175 Frequency Coordination Requirements. Except for applications listed in paragraph (f) of this section, each application for a new frequency assignment, for a change in existing facilities as listed in Sec. 90.135(c), or for operation at temporary locations in accordance with Sec. 90.137, must include a certification of frequency coordination as set forth below. * * * * * (b) For frequencies between 25 and 470 MHz: the applicable frequency coordinator, as specified in Secs. 90.20(c)(2) and 90.35(b)(2), must recommend on the FCC Form 601 the most appropriate frequency. The coordinator's recommendation may include comments on technical factors such as power, antenna height and gain, terrain, and other factors which may serve to minimize potential interference. * * * (e) For frequencies between 470 and 512 MHz, 806-824/851-869 MHz, and 896- 901/935-940 MHz: the applicable coordinator must recommend on the FCC Form 601 specific frequencies that are available for assignment in accordance with the loading standards and mileage separations applicable to the specific radio serve, frequency pool, or category of user involved. (f) For frequencies in the 929-930 MHz band: the coordinator must recommend on the FCC Form 601 the most appropriate frequency. For applications under Sec. 90.495, the coordinator's statement must certify that the proposed system meets the requirements of that section. * * * * * 33. Section 90.177 is amended by revising paragraphs (a)(3) and (f)(2) to read as follows: Sec. 90.177 Protection of certain radio receiving locations. * * * * * (a) * * * (3) After receipt of such applications, the Commission will allow a period of 20 days for comments or objections, which may be submitted by mail or electronically via the Universal Licensing System, in response to the notifications indicated. If an objection to the proposed operation is received during the 20-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. * * * * * (f) * * * (1) * * * (2) After receipt of such applications, the Commission will allow the Arecibo Observatory a period of 20 days for comments or objections, which may be submitted by mail or electronically via the Universal Licensing System, in response to the notification indicated. The applicant will be required to make reasonable efforts in order to resolve or mitigate any potential interference problem with the Arecibo Observatory and to file either an amendment to the application or a modification application, if appropriate. If the Commission determines that an applicant has satisfied its responsibility to make reasonable efforts to protect the Observatory from interference, its application may be granted. * * * * * 34. Section 90.187 is amended by revising paragraph (a) to read as follows: Sec. 90.187 Trunking in the bands between 150 and 512 MHz. (a) Applicants for trunked systems operating on frequencies between 150 and 512 MHz (except 220-222 MHz) must indicate on their applications (class of station code, see Sec. 1.952 of this chapter or Instructions for FCC Form 601) that their system will be trunked. Licensees of stations that are not trunked, may trunk their systems only after modifying their license (see Sec. 90.135). * * * * * 35. Section 90.237 is amended by removing and reserving paragraph (b). Sec. 90.237 Interim provisions for operations of radioteleprinter and radiofacsimile devices. * * * * * (b) [reserved] * * * * * 36. Section 90.241 is amended by revising paragraph (c)(7) to read as follows: Sec. 90.241 Radio call box operations. * * * * * (c) * * * (7) Each application for a call box system must contain information on the nonvoice transmitting equipment, including the character structure, bit rate, modulating tone frequencies, identification codes, and the method of modulation (i.e., frequency shift, tone shift, or tone phase shift). * * * * * 37. Section 90.266 is amended by revising paragraphs (g) and (h) to read as follows: Sec. 90.266 Long distance communications on frequencies between 25 MHz. * * * * * (g) Applicants must fulfill the eligibility requirements set out in Sec. 90.35(c)(1) and submit communications plans by mail or via the Universal Licensing System pursuant to Sec. 90.129. (h) Exercises or circuits tests which require use of these frequencies for more than seven hours per week cumulative are prohibited unless prior approval is obtained from the Commission. Such a request must be submitted on FCC Form 601. 38. Section 90.283 is amended by revising paragraph (g) to read as follows: Sec. 90.283 Inter-service sharing of maritime frequencies in the 156-162 MHz band. * * * * * (g) Applicants seeking to be licensed for stations exceeding the power/antenna height limits of the table in paragraph (d) of this section are required to secure a waiver (the procedures for waivers are described in section 1.925 of this chapter) and must submit with the FCC Form 601 application, an interference analysis, based upon any of the generally-accepted terrain-based propagation models, that shows that co-channel protected entities, described in paragraph (d) of this section, would receive the same or greater interference protection than provided in the table. 39. Section 90.350 is revised to read as follows: Sec. 90.350 Scope. The Intelligent Transportation Systems Radio Service is for the purpose of integrating radio-based technologies into the nation's transportation infrastructure and to develop and implement the nation's intelligent transportation systems. It includes the Location and Monitoring Service (LMS). Rules as to eligibility for licensing, frequencies available, and any special requirements for services in the Intelligent Transportation Systems Radio Service are set forth in this Subpart. Application procedures are governed by Part 1, Subpart F of this chapter. 40. Section 90.351 is amended by revising the introductory text of paragraph (a) to read as follows: Sec. 90.351 Location and Monitoring Service. * * * * * (a) Each application, using FCC Form 601, to license an LMS system shall include: * * * * * 41. Section 90.437 is amended by removing paragraph (d) and revising paragraph (c) to read as follows: Sec. 90.437 Posting station licenses. * * * * * (d) An applicant operating under a temporary permit authorized in accordance with Sec. 90.159 must retain an executed copy of FCC Form 601 as a permanent part of the station records. 42. Section 90.477 is amended by revising paragraph (a) to read as follows: Sec. 90.477 Interconnected systems. (a) Applicants for new land stations to be interconnected with the public switched telephone network must indicate on their FCC Form 601 applications (class of station code) that their stations will be interconnected. Licensees of land stations that are not interconnected may interconnect their stations with the public switched telephone network only after modifying their license by the manual or electronic filing of an Form 601. See Sec. 90.135. In all cases a detailed description of how interconnection is accomplished must be maintained by licensees as part of their station records. See Sec. 90.433. * * * * * 43. Section 90.501 is revised to read as follows: Sec. 90.501 Scope. This subpart supplements Part 1, Subpart F of this chapter by describing further requirements for the filing of applications for developmental licenses. It includes special requirements related to developmental operation, restrictions on operations, and special reports required when the development operation is to seek operational data or techniques directed toward the extension of that service. 44. Section 90.517 is amended by revising the introductory paragraph to read as follows: Sec. 90.517 Report of operation. A report on the results of a developmental program shall be filed with and made a part of each application for renewal of authorization and may be submitted electronically via the Universal Licensing System. In cases where no renewal is requested, such report shall be filed within 60 days of the expiration of such authorization. Matters which the applicant does not wish to disclose publicly may be so labeled; they will be used solely for the Commission's information, and will not be publicly disclosed without permission of the applicant. The report shall include comprehensive and detailed information on: * * * * * 45. Section 90.601 is revised to read as follows: Sec. 90.601 Scope. This subpart sets out the regulations governing the licensing and operations of all systems operating in the 806-824/851-869 MHz and 896-901/935-940 MHz bands. It includes eligibility requirements, and operational and technical standards for stations licensed in these bands. It also supplements the rules regarding application procedures contained in Part 1, Subpart F of this chapter. The rules in this subpart are to be read in conjunction with the applicable requirements contained elsewhere in this part; however, in case of conflict, the provisions of this subpart shall govern with respect to licensing and operation in these frequency bands. 46. Section 90.605 is revised to read as follows: Sec. 90.605 Forms to be used. Applications for conventional and trunked radio facilities must be prepared on FCC Form 601 and must be submitted or filed, either manually or electronically via the Universal Licensing System, in accordance with Sec. 90.127 and Part 1, Subpart F of this chapter. 47. Section 90.607 is revised by amending the introductory text of paragraph (a) and paragraphs (b)(1) and (c)(1), and by deleting and reserving paragraph (d) to read as follows: Sec. 90.607 Supplemental information to be furnished by applicants for facilities under this subpart. (a) Where the applicant is a person proposing to provide service to eligibles under this part on a commercial basis, the applicant must include on its FCC Form 601 (or supplement with, where applicable): * * * * * (b) * * * (1) List all radio systems licensed to them or proposed by them within 64 km (40 mi.) from the location of the base station transmitter site of the facility for which they have applied. * * * * * (c) * * * (1) List all radio systems licensed to them within 64 km (40 mi.) from the location of the base station transmitter site of the facility for which they have applied; (2) Specify the number of vehicular and portable mobile units and control stations to be placed in operation within the term of the license. (d) [reserved] (e) * * * 48. Section 90.609 is amended by removing and reserving paragraph (a). Sec. 90.609 Special limitations on amendment of applications for assignment or transfer of authorizations for radio systems above 800 MHz. (a) [Reserved] * * * * * 49. Section 90.611 is removed. Sec. 90.611 [Removed] 50. Section 90.621 is amended by revising paragraphs (e)(3)(i), (e)(5) and (f)(1) of this section to read as follows: Sec. 90.621 Selection and assignment of frequencies. * * * * * (e) * * * (3) * * * (i) A non-SMR applicant's FCC Form 601 must include a statement from the applicant's own frequency coordinator verifying that there are no available frequencies in the applicant's service category in the frequency bands 806-824/851-869 MHz. (4) * * * (5) The applicant's FCC Form 601 must include a statement from its own category coordinator that frequencies are not available in that category, and coordination is required from the applicable out-of-category coordinator. * * * * * (f) * * * (1) The applicant's FCC Form 601 must include a statement from its own category coordinator that frequencies are not available in that category, and coordination is required from the applicable out-of-category coordinator. * * * * * 51. Section 90.625 is amended by revising the first sentence of paragraph (a) to read as follows: Sec. 90.625 Other criteria to be applied in assigning channels for use in conventional systems of communication. (a) Where an applicant certifies on its FCC Form 601 application that a channel will be loaded to 70 mobile stations, that channel will be made available to that applicant for its exclusive use in the area in which it proposes to operate.* * * * * * * * 52. Section 90.629 is amended by revising the second sentence of paragraph (c) and paragraph (d) of this section to read as follows: Sec. 90.629 Extended implementation period. * * * * * (c) * * * Licensees must certify annually, using FCC Form 601, that they are in compliance with their yearly station construction commitments, but may request amendment to these commitments at the time they file their annual certification. * * * (d) Applicants eligible in the Industrial/Land Transportation Category requesting authorizations under this section may request frequencies in the Business Category only if the FCC Form 601 application contains a statement that no frequencies in the Industrial/Land Transportation Category are available for assignment in their geographic area. * * * * * 53. Section 90.631 is amended by revising the first sentence of paragraph (b) and paragraph (f) of this section to read as follows: Sec. 90.631 Trunked systems loading, construction and authorization requirements. * * * * * (b) Each applicant for a non-SMR trunked system must certify, using FCC Form 601, that a minimum of seventy (70) mobiles for each channel authorized will be placed into operation within five (5) years of the initial license grant. * * * * * * * * (f) If a station is not placed in permanent operation, in accordance with the technical parameters of the station authorization, within one year, except as provided in Sec. 90.629, its license cancels automatically. For purposes of this section, a base station is not considered to be placed in operation unless at least two associated mobile stations, or one control station and one mobile station, are also placed in operation. An SMR licensee with facilities that have discontinued operations for 90 continuous days is presumed to have permanently discontinued operations, unless the licensee notifies the Commission otherwise, using FCC Form 601, prior to the end of the 90 day period and provides a date on which operation will resume, which date must not be in excess of 30 additional days. * * * * * 54. Section 90.633 is amended by revising the first sentence of paragraph (e) of this section to read as follows: Sec. 90.633 Conventional systems loading requirements. * * * * * (e) Using FCC Form 601, a non-SMR licensee may apply for additional frequency pairs if its authorized conventional channel(s) is loaded to seventy (70) mobiles. *** * * * * * 55. Section 90.645 is amended by revising the third sentences of paragraphs (g) and (h) of this section to read as follows: Sec. 90.645 Permissible operations. * * * * * (g) * * * Notification of such proposed exchanges shall be made to the appropriate frequency coordinator(s) and to the Commission, using FCC Form 601, for approval. (h) * * * Notification of such proposed exchanges shall be made to the appropriate frequency coordinator(s) and to the Commission, using FCC Form 601, for approval. * * * * * 56. Section 90.651 is amended by revising paragraphs (b), (c), and (d) of this section to read as follows: Sec. 90.651 Supplemental reports required of licensees authorized under this subpart. * * * * * (b) Other trunked system licensees must report the number of mobile units being served annually, and at the time of filing applications for renewal of licenses. These reports, which may be filed electronically via the Universal Licensing System, should be filed in accordance with Sec. 1.913. (c) Licensees of conventional systems must report the number of mobile units placed in operation within 8 months of the date of the grant of their license. Such reports, which may be filed electronically via the Universal Licensing System, shall be filed within 30 days from that date. (d) Using the applicable Schedule to FCC Form 601, licensees of trunked systems must report whether or not construction of the facility has been completed within thirteen months of the date of the grant and in accordance with Sec. 1.913. These reports may be filed electronically via the Universal Licensing System. 57. Section 90.657 is removed. Sec. 90.657 [Removed] 58. Section 90.658 is amended by revising paragraph (a) of this section to read as follows: Sec. 90.658 Loading data required for base station licensees of trunked Specialized Mobile Radio systems to acquire additional channels or to renew trunked systems licensed before June 1, 1993. (a) A base station licensee of a trunked system applying for its first renewal in a waiting list area for a system licensed before June 1, 1993 must identify, using FCC Form 601, the number of mobiles and control stations loaded on its system as calculated in paragraph (b) of this section. * * * * * 59. Section 90.659 is revised to read as follows: Sec. 90.659 Change in number or location of base stations or transmitters. (a) Licensees of trunked Specialized Mobile Radio systems are exempt from the requirement under Sec. 1.929 to file an application for modification of license when there is a change in the location or number of fixed, control, or mobile transmitters from that authorized, including area of mobile operations. (b) Licensees of conventional Specialized Mobile Radio channels are not exempt from the requirement under Sec. 1.929 to file an application for modification of license when there is a change in the location or number of fixed, control, or mobile transmitters from that authorized, including area of mobile operations. (c) Licensees of trunked and conventional Specialized Mobile Radio systems are not exempt from the requirement under Sec. 1.929 to file an application for modification of license when there is a change in the location or number of base stations. 60. Section 90.665 is amended by revising the second sentence of paragraph (c) of this section to read as follows: Sec. 90.665 Authorization, construction and implementation of MTA licenses. * * * * * (c) * * * Further, each MTA licensee must provide coverage to at least two-thirds of the population of the MTA five years from the date of license grant; or alternatively, demonstrate to the Commission, using FCC Form 601, that it is providing substantial service. * * * * * * * * 61. Section 90.667 is amended by adding a sentence to the end of paragraph (a) and by revising the second sentence of paragraph (b) of this section to read as follows: Sec. 90.667 Grandfathering provisions for incumbent licensees. (a) * * * If an incumbent licensee expands beyond its original 40 dBu field strength contour, the incumbent licensee is required to file with the Commission, either manually or electronically via the Universal Licensing System, a prior notification using FCC Form 601. (b) * * * Incumbents exercising this license exchange option must include specific information on the FCC Form 601 for each of their external base sites after the close of the 900 MHz SMR auction. * * * * * 62. Section 90.683 is amended by revising paragraph (a)(4) of this section to read as follows: Sec. 90.683 EA-based-SMR system operations. (a) * * * (4) Using FCC Form 601, the EA licensee notifies the Commission within 30 days of the completion of the addition, removal, relocation or modification of any of its facilities within the EA. Such notification must include the appropriate filing fee, if any; and * * * * * 63. Section 90.687 is amended by revising the first sentence to read as follows: Sec. 90.687 Special provisions regarding assignments and transfers of authorizations for incumbent SMR licensees in the 816-821/861-866 MHz band. An SMR license initially authorized on any of the channels listed in Table 4A of Sec. 90.617 may transfer or assign its channel(s) to another entity subject to the provisions of Secs. 1.948 of this chapter and Sec. 90.609(b). * * * 64. Section 90.693 is amended by revising the third and fourth sentences of paragraphs (b) and (c) and the second sentence of paragraph (d)(1) to read as follows: Sec. 90.693 Grandfathering provisions for incumbent licensees. * * * * * (b) * * * Using FCC Form 601, the incumbent licensee must, however, notify the Commission within 30 days of the completion of any changes in technical parameters or additional stations constructed through a minor modification of their license. Such notification must include the appropriate filing fee, if any. * * * (c) * * * Using FCC Form 601, the incumbent licensee must, however, notify the Commission within 30 days of the completion of any changes in technical parameters or additional stations constructed through a minor modification of their license. Such notification must include the appropriate filing fee, if any. * * * (d) * * * (1) * * * Incumbents exercising this license exchange option must submit specific information, using FCC Form 601, for each of their external base sites after the close of the 800 MHz SMR auction. * * * * * 65. Section 90.701 is amended by revising paragraph (a) to read as follows: Sec. 90.701 Scope. (a) Frequencies in the 220-222 MHz band are available for land mobile and fixed use for both Government and non-Government operations. This subpart supplements Part 1, Subpart F of this chapter which establishes the requirements and conditions under which commercial and private radio stations may be licensed in the Wireless Telecommunications Services. The provisions of this subpart contain additional pertinent information for current and prospective licensees specific to the 220-222 Mhz band. * * * * * 66. Section 90.705 is revised to read as follows: Sec. 90.705 Forms to be used. Phase II applications for EA, Regional, or Nationwide radio facilities under this subpart must be prepared in accordance with Secs. 90.1009 and 90.1013. Phase II applications for radio facilities operating on public safety/mutual aid channels (Channels 161 through 170) or emergency medical channels (Channels 181 through 185) under this subpart must be prepared on FCC Form 601 and submitted or filed in accordance with Sec. 1.913 of this chapter. 67. Section 90.711 is removed. Sec. 90.711 [Removed] 68. Section 90.723 is amended by revising the first and second sentences of paragraph (a) and the second sentence of paragraph (i) of this section to read as follows: Sec. 90.723 Selection and assignment of frequencies. (a) Using FCC Form 601, Phase II applications for frequencies in the 220-222 MHz band shall specify whether their intended use is for 10-channel nationwide systems, 10-channel EA systems, 15-channel Regional systems, public safety/mutual aid use, or emergency medical use. On the same form, Phase II applicants for frequencies for public safety/mutual aid use or emergency medical use shall specify the number of frequencies requested. All frequencies in this band will be assigned by the Commission. * * * * * (i) * * * Except for Phase I licensees seeking license modification in accordance with the provisions of Secs. 90.751 and 90.753, shorter separations between such stations will be considered by the Commission on a case-by-case basis upon submission of a technical analysis, as part of the FCC Form 601 application, indicating that at least 10 dB protection will be provided to an existing Phase I station's predicted 38 dBu signal level contour. 69. Section 90.725 is amended by revising paragraphs (d) and (e) and adding paragraph (i) to this section to read as follows: Sec. 90.725 Construction requirements for Phase I licensees. * * * * * (d) Using FCC Form 601, each commercial nationwide licensee must file a system progress report on or before the anniversary date of the grant of its license after 2, 4, 6, and 10 years, demonstrating compliance with the relevant construction benchmark criteria. * * * * * (e) Beginning with its second license term, each nationwide licensee must file a progress report, using FCC Form 601, once every five years on the anniversary date of the grant of the first renewal of its authorization, including the information required by paragraph (d)(1) of this section. * * * * * (i) The Commission will notify licensees by electronic mail or by postal mail, within 90 days, that the end of its construction period is approaching. The licensee must notify the Commission (Form 601), either electronically via the Universal Licensing System or by mail, no later than 15 days after the end of the construction period of the completion or satisfaction of its construction requirements. If the licensee fails to respond within the allotted time, then the authorization will automatically terminate. 70. Section 90.727 is amended by revising paragraph (a) of this section to read as follows: Sec. 90.727 Extended Implementation schedules for Phase I licensees. * * * * * (a) The applicant's FCC Form 601 application demonstrates justification for an extended implementation period. The justification must include reasons for requiring an extended construction period, the proposed construction schedule (with milestones), and must show either that: * * * * * 71. Section 90.733 is amended by revising paragraph (h)(2) of this section to read as follows: Sec. 90.733 Permissible operations. * * * * * (h) * * * (2) Operate only at temporary locations in accordance with the provisions of Section 1.931 of this chapter; * * * * * 72. Section 90.737 is amended by revising the third sentence of paragraph (b) and paragraphs (c) through (e) of this section to read as follows: Sec. 90.737 Supplemental reports required of Phase I licenses. * * * * * (b) * * * Using FCC Form 601, such licensees must report at the time of license renewal the number of mobile units being served. (c) Using FCC Form 601, non-commercial trunked system licensees must report at the time of license renewal the number of mobile units being served. (d) Except for licensees of nationwide systems, all licensees must report, using FCC Form 601, whether construction of the facility has been completed within eight months of the date of initial grant of their respective licenses. (e) All reports must be filed in accordance with Sec. 1.913 of this chapter. 73. Section 90.751 is revised to read as follows: Sec. 90.751 Minor modifications of Phase I, non-nationwide licenses. Phase I non-nationwide licensees will be given an opportunity to seek modification of their license to relocate their initially authorized base station, i.e., locate their base station at a site other than its initially authorized location. The conditions under which modifications will be granted and the procedures for applying for license modifications are described in Sections 90.753, 90.757 and 1.927 of this chapter. For CMRS licensees, these modifications will be treated as minor modifications in accordance with Section 1.927 of this chapter. 74. Section 90.753 is amended by revising paragraphs (d) and (e) of this section to read as follows: Sec. 90.753 Conditions of license modification. * * * * * (d) The application for a Phase I non-nationwide licensee proposing a base station modification resulting in less than 120 km separation from a co-channel licensee's initially authorized base station will be accepted by the Commission only with the consent of that co-channel licensee, as evidenced in a statement submitted concurrently with the licensee's application submission on FCC Form 601. (e) The application of a Phase I non-nationwide licensee proposing a base station modification resulting in at least a 120 km separation from each co-channel licensee's initially authorized base station but more than one-half the distance over 120 km toward any co-channel licensee's initially authorized base station will be accepted by the Commission only with the consent of that co-channel licensee, as evidenced in a statement submitted concurrently with the licensee's submission on FCC Form 601. 75. Section 90.755 is removed. Sec. 90.755 [Removed] 76. Section 90.763 is amended by revising paragraphs (b)(1)(i) and (b)(4) of this section to read as follows: Sec. 90.763 EA, Regional and Nationwide system operations. * * * * * (b) * * * (1) * * * (i) The EA or Regional licensee must locate its land mobile or paging base stations, or fixed stations transmitting on base station transmit frequencies, at least 120 km from the land mobile or paging base stations, or fixed stations transmitting on base station transmit frequencies, of co-channel Phase I licensees, except that separations of less than 120 km shall be considered on a case-by-case basis upon submission by the EA or Regional licensee, using FCC Form 601, of: * * * * * (4) The licensee notifies the Commission within 30 days of the completion of the addition, removal, relocation or modification of any of its facilities within its authorized area of operation. Such notification must be made by submitting an FCC Form 601, and must include the appropriate filing fee, if any. * * * * * 77. Section 90.767 is amended by revising paragraphs (b) and (c) of this section to read as follows: Sec. 90.767 Construction and implementation of EA and Regional licenses. * * * * * (b) EA and Regional licensees offering fixed services as part of their system, and EA and Regional licensees that have one or more incumbent, co-channel Phase I licensees authorized within their EA or REAG may meet the construction requirements of paragraph (a) of this section by demonstrating an appropriate level of substantial service, using FCC Form 601, at their five- and ten-year benchmarks. (c) Licensees must submit maps or other supporting documents, using FCC Form 601, to demonstrate compliance with the construction requirements of paragraphs (a) and (b) of this section. * * * * * 78. Section 90.1013 is revised to read as follows: Sec. 90.1013 Long-form application (FCC Form 601). Each successful bidder for a 220 MHz geographic area license must submit a long-form application (FCC Form 601) in accordance with Part 1, subpart F of this chapter within ten (10) business days after being notified by Public Notice that it is the winning bidder. Regardless of the number of markets won, winning bidders will only be required to file a single application. Applications for 220 MHz geographic area licenses on FCC Form 601 must be submitted in accordance with Sec. 1.2107 of this chapter, all applicable procedures set forth in the rules in this part, and any applicable Public Notices that the Commission may issue in connection with an auction. After an auction, the Commission will not accept long-form applications for 220 MHz geographic area licenses from anyone other than the auction winners and parties seeking partitioned licenses pursuant to agreements with auction winners under Sec. 90.1019. 79. Section 90.1019 is amended by revising paragraphs (b) and (c) to read as follows: Sec. 90.1019 Eligibility for partitioned licenses. * * * * * (b) Each party to an agreement to partition the license must file a long-form application (FCC Form 601) for its respective, mutually agreed-upon geographic license area together with the application for the remainder of the geographic license area filed by the auction winner. (c) If the partitioned license is being applied for as a partial assignment of the geographic area license following grant of the initial license, request for authorization for partial assignment of a license shall be made pursuant to Sec. 1.948 of this chapter. 80. Section 90.1023 is amended by revising paragraph (b) to read as follows: Sec. 90.1023 Certifications, disclosures, records maintenance and audits. * * * * * (b) Long-Form Applications: Certifications and Disclosure. In addition to the requirements in Sec. 90.1013, each applicant submitting a long-form application (FCC Form 601) for a 220 MHz service geographic area license and qualifying as a small business or very small business shall, in an exhibit to its long-form application: * * * * * APPENDIX L PROPOSED RULES - PART 95 CURRENT RULE NUMBER SUBJECT (proposed change) PROPOSED NEW OR REVISED RULE NUMBER 95.5 License eligibility (remove cross-references to deleted sections). 95.5 95.7(b) Channel sharing (remove cross-reference to deleted section). 95.7(b) 95.21 GMRS system description (change to revise the possible elements of a GMRS system; remove rules regarding operating modes). 95.21 95.23 Mobile station description (remove cross-references to deleted sections and territorial limitation provisions). 95.23 95.25 Land station description (conform to Part 1 Rule). 95.25 95.29 Channels available (increase channels available). 95.29 95.31 Overlap of GMRS systems. No new rule 95.35 Multiple licensing of radio transmitting equipment in the GMRS. No new rule 95.37 Considerations near the Canadian border (move to consolidated Part 1 Rule). 1.923 95.39 Considerations near FCC monitoring facilities (remove advisory language). 95.39 95.41(b),(c) Considerations in the National Radio Quiet Zone (remove cross-reference to deleted section; incorporate related section (Sec. 95.79); revise). 95.41(b),(c) 95.45 Considerations on Department of Defense land (clarify). 95.45 95.47 Considerations in large urban areas. No new rule 95.49 Considerations near large urban areas. No new rule 95.51 (a) Antenna height (remove cross-reference to deleted section; incorporate related section (Sec. 95.83). 95.51 (a),(g),(h) 95.53 Mobile station communication points. No new rule 95.55 Base station communication points. No new rule 95.57 Mobile relay station communication points. No new rule 95.59 Control station communication points. No new rule 95.61 Fixed station communication points. No new rule 95.71(a), (b), (c), (d), (e) & (f) Applying for a new or modified license (move to consolidated Part 1 Rule). 1.913, 1.915, 1.923, 1.927, 1.931, 1.934, 1.949 95.72 Applying for STA or waiver of rules (move to consolidated Part 1 Rule). 1.925, 1.931 95.73 (a), (b), (c), (d) & (e) System licensing (move to consolidated Part 1 Rule). 1.923, 1.927, 1.931 95.75 Basic information (move to consolidated Part 1 Rule). 1.923 95.77 Additional information for GMRS systems with land stations at four or more locations. No new rule 95.79 Additional information for stations in the National Radio Quiet Zone (incorporated into related section (Sec. 95.41)). No new rule 95.83 Additional information for stations with antennas higher than normally allowed (incorporated into related section (Sec. 95.51)). No new rule 95.85 Additional information for stations near United States borders (change form number to reflect ULS forms; incorporate related section (Sec. 95.37)). 95.85 95.87 Who may sign applications (move to consolidated Part 1 Rule). 1.917 95.89 Renewing a license (move to consolidated Part 1 Rule). 1.949 95.101 What the license authorizes (revise). 95.101 95.103 Licensee duties (revise). 95.103 95.105 License term (revise to reflect ULS implementation) 95.105 95.107 Keeping the license. No new rule 95.109 License not transferable (revise cross-references). 95.109 95.111 Transfer of control of a corporation (move to consolidated Part 1 Rule). 1.948 95.113 System records. No new rule 95.115 Station inspection (remove cross-reference to deleted section). 95.115 95.117 Where to contact FCC (revise to include FCC National Call Center). 95.117 95.119 Station identification (clarified). 95.119 95.121 Transmitting channel. No new rule 95.123 Sharing a station or sharing equipment. No new rule 95.125 Station control point. No new rule 95.127 Controlling a station from a remote point. No new rule 95.129 Station equipment (revise; remove cross-reference to deleted section). 95.129 95.131 Servicing station transmitters. No new rule 95.133 Modification to station transmitters. No new rule 95.135 Maximum authorized transmitting power (conform output power). 95.135 95.137 Moving a small base station or a small control station. No new rule 95.139 Adding a small base station or a small control station (Conform to Part 1 Rule). 95.139 95.171 Station operator duties (rename section; remove cross-reference to deleted section; incorporate related sections (Secs. 95.173 and 95.175)). 95.171 95.173 Station operator duties (incorporated into Sec. 95.171). No new rule 95.175 Cooperation in sharing channels (incorporated into Sec. 95.171). No new rule 95.177 Responsibility for station operator's communications (incorporated into Sec. 95.103). No new rule 95.179 Individuals who may be station operators (revise). 95.179 95.181 Permissible communications (revise; (i) and (j) incorporated into Sec. 95.183). 95.181 95.183 Prohibited communications (new section; incorporates (i) and (j) from Sec. 95.181). NEW APPENDIX A APPENDIX A TO SUBPART A (replace former appendix with new language establishing the Commission's regulatory boundaries over GMRS). APPENDIX A 95.217(b) (R/C Rule 17) May I operate my R/C station transmitter by remote control? (change to allow electronic filing of information via Universal Licensing System). 95.217(b) 95.219 (R/C Rule 19) How do I answer correspondence from the FCC? (change to allow electronic filing of information via Universal Licensing System). 95.219 95.225 (R/C Rule 25) How do I contact the FCC? (change to reflect FCC website). 95.225 95.419(b) (CB Rule 19) May I operate my CB station transmitter by remote control? (change to allow electronic filing of information via Universal Licensing System). 95.419(b) 95.422 (CB Rule 22) How do I answer correspondence from the FCC (change to allow electronic filing of information via Universal Licensing System). 95.422 95.428 (CB Rule 28) How do I contact the FCC? (change to reflect FCC website). 95.428 95.605 Type acceptance and certification procedures (change to reflect Universal Licensing System). 95.605 95.801 Scope (change to reflect new Part 1, Subpart F). 95.801 95. 815 License application (move to consolidated Part 1 Rule). 1.913, 1.915, 1.923, 1.927, 1.931, 1.934, 1.949 95.816 (c)(2)(ii) Competitive bidding proceedings (change form numbers to reflect ULS forms). 95.816 (c)(2)(ii) 95.817 Application for renewal of license (move to consolidated Part 1 Rule). 1.949 95.819(c) License transferability (change cross-reference). 95.819(c) 95.821 Application for transfer of control (move to consolidated Part 1 Rule). 1.948 95.833(b) Construction requirements (change to allow electronic filing of information via Universal Licensing System; add notification section). 95.833(b),(c) PART 95-PERSONAL RADIO SERVICES 81. The authority citation for part 95 continues to read as follows: AUTHORITY: Secs. 4, and 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154 and 303. 82. Section 95.5 is amended by revising this section to read as follows: Sec. 95.5 License eligibility. An individual (one man or one woman) is eligible to obtain, renew and have modified a GMRS system license if that individual is 18 years of age or older and is not a representative of a foreign government. A non-individual (an entity other than an individual) is ineligible to obtain a new GMRS system license or to make a major modification to an existing GMRS system license. Certain non- individuals are eligible to renew existing GMRS system licenses. 83. Section 95.7 is amended by revising the last sentence of paragraph (b) to read as follows: Sec. 95.7 Channel sharing. (b) *** Further, the use of any frequency at a given geographical location may be denied when, in the judgment of the FCC, its use in that location is not in the public interest; the use of any channel or channel pair may be restricted as to specified geographical areas, maximum power, or other operating conditions. 84. Section 95.21 is amended by revising this section to read as follows: Sec. 95.21 GMRS system description. A GMRS system is one or more transmitting units used by station operators to communicate messages. A GMRS system is comprised of: (a) One or more station operators; (b) One mobile station consisting of one or more mobile units (see Sec. 95.23); (c) One or more land stations (optional); (d) Paging receivers (optional); and (e) Fixed stations (optional). 85. Section 95.23 is amended by revising paragraph (b) and removing paragraph (d) to read as follows: Sec. 95.23 Mobile station description. ***** (b) A mobile station unit may transmit from any point within or over any areas where radio services are regulated by the FCC except where additional considerations apply. (c) *** (1) *** (2) *** 86. Section 95.25 is amended by revising paragraphs (a), (d)(2)(i), and (f) and removing and reserving paragraph (c) to read as follows: Sec. 95.25 Land station description. (a) A land station is a unit which transmits from an address shown on the station license. (b) *** (c) [Removed and Reserved] (d) *** (1) *** (2) *** (i) South of Line A or west of Line C; or (ii) *** ***** (f) Each base station and each control station with an antenna height greater than 6.1 meters (20 feet) must be separately identified on Form 605. (See Secs. 95.25 (d) and (e) and 95.51(f)). 87. Section 95.29 is amended by revising paragraphs (a) and (b) and removing and reserving paragraphs (c) and (d) to read as follows: Sec. 95.29 Channels available. (a) For a base station, mobile relay station, fixed station or mobile station, the licensee of the GMRS system must select the transmitting channel or channel pair for the stations in the GMRS system from the following 462 MHz channels: 462.5500, 462.5750, 462.6000, 462.6250, 462.6500, 462.6750, 462.7000 and 462.7250. (b) For a mobile station, control station, or fixed station, the licensee of the GMRS system must select the transmitting channel or channel pair for the stations operated in the duplex mode, from the following 467 MHz channels: 467.5500, 467.5750, 467.6000, 467.6250, 467.6500, 467.6750, 467.7000, and 467.7250. (c) [Removed and reserved] (d) [Removed and reserved] ***** 88. Section 95.31 is removed. Sec. 95.31 [Removed] 89. Section 95.35 is removed. Sec. 95.35 [Removed] 90. Section 95.37 is removed. Sec. 95.37 [Removed] 91. Section 95.39 is amended by removing the second sentence to read as follows: Sec. 95.39 Considerations near FCC monitoring facilities. The FCC may impose additional restrictions on a land station in a GMRS system if it is at a point within 4.8 kilometers (3 miles) of an FCC monitoring facility and the station's transmissions degrade, obstruct, or repeatedly interrupt the operation of the equipment at the FCC monitoring facility. 92. Section 95.41 is amended by revising paragraphs (b) and (c) to read as follows: Sec. 95.41 Considerations in the National Radio Quiet Zone. (a) *** (b) When applying for a license to operate a land station at a point in the National Radio Quiet Zone, or when applying to change certain details in a station already licensed for such a point, the applicant must send a notice to the National Radio Astronomy Observatory. (1) The notice should be sent to: Director, National Radio Astronomy Observatory P.O. Box 2 Green Bank, WV 24944 (2) Provide the following details about the proposed station in the notice: Antenna point (latitude and longitude); Antenna height; Antenna directivity; Transmitting channel(s); Emission; and Transmitter output. (3) Include in the application to the FCC the date the notice was sent to the Observatory. (c) Restrictions may be imposed if the National Radio Astronomy Observatory files an objection with the FCC within 20 days after the notification is received by the National Radio Astronomy Observatory. 93. Section 95.45 is amended by revising this section to read as follows: Sec. 95.45 Considerations on Department of Defense land. The Department of Defense may impose additional restrictions on a station transmitting on its land. (Before placing a station at such a point, a licensee should consult with the commanding officer in charge of the land.) 94. Section 95.47 is removed. Sec. 95.47 [Removed] 95. Section 95.49 is removed. Sec. 95.49 [Removed] 96. Section 95.51 is amended by revising the second sentence of paragraph (a) and adding paragraphs (g) and (h) to read as follows: Sec. 95.51 Antenna height. (a) *** The licensee of a GMRS system must get FCC permission before the uppermost tip of an antenna may be higher than normally allowed in paragraphs (b), (c), and (d) of this section. ***** (g) An applicant for a license for a new or modified GMRS system seeking permission to have a land station antenna higher than normally allowed must: (1) Request (on FCC Form 605) an antenna height greater than normally allowed; and (2) Notify the Federal Aviation Administration (on FAA Form 7460-1) that the antenna would be higher than normally allowed. (3) Register the structure by submitting FCC Form 854. The requirements for antenna structure registration, painting, and lighting are found in part 17 of this chapter. (h) Each base station and each control station with an antenna height greater than 6.1 meters (20 feet) must be separately identified on Form 605. (See Secs. 95.25 (d) and (e) and 95.51(f)). 97. Section 95.53 is removed. Sec. 95.53 [Removed] 98. Section 95.55 is removed. Sec. 95.55 [Removed] 99. Section 95.57 is removed. Sec. 95.57 [Removed] 100. Section 95.59 is removed. Sec. 95.59 [Removed] 101. Section 95.61 is removed. Sec. 95.61 [Removed] 102. Section 95.71 is removed. Sec. 95.71 [Removed] 103. Section 95.72 is removed. Sec. 95.72 [Removed] 104. Section 95.73 is removed. Sec. 95.73 [Removed] 105. Section 95.75 is removed. Sec. 95.75 [Removed] 106. Section 95.77 is removed. Sec. 95.77 [Removed] 107. Section 95.79 is removed. Sec. 95.79 [Removed] 108. Section 95.83 is removed. Sec. 95.83 [Removed] 109. Section 95.85 is amended by revising the introductory text and adding a concluding paragraph to read as follows: Sec. 95.85 Additional information for stations near United States borders. For a new or modified GMRS system having a land station at a point north of line A, east of line C, or at any point close to any United States border where interference to a station in another country could occur, an applicant may include additional data on FCC Form 605 if the land station: ***** The United States and the Government of Canada coordinate channel assignments to certain radio stations in the areas along their common borders north of Line A and east of Line C. (See Sec. 1.923 of the FCC Rules). 110. Section 95.87 is removed. Sec. 95.87 [Removed] 111. Section 95.89 is removed. Sec. 95.89 [Removed] 112. Section 95.101 is amended by revising paragraph (a) and removing paragraphs (a)(1) through (a)(4) to read as follows: Sec. 95.101 What the license authorizes. (a) A GMRS license authorizes a GMRS station to transmit messages to other GMRS stations at any geographical location within or over the territorial limits of any area where radio services are re gulated by the FCC. These points are listed in Appendix A. (b) *** (c) *** 113. Section 95.103 is amended by revising paragraph (a) and removing paragraphs (b), (c), and the concluding paragraph to read as follows: Sec. 95.103 Licensee duties. The licensee is responsible for the proper operation of the GMRS system at all times. The licensee is also responsible for the appointment of a station operator. 114. Section 95.105 is amended by revising this section to read as follows: Sec. 95.105 License term. A license for a GMRS system is usually issued for a 5-year term. 115. Section 95.107 is removed. Sec. 95.107 [Removed] 116. Section 95.109 is amended by revising paragraphs (a) and (b) to read as follows: Sec. 95.109 License not transferable. (a) The licensee must not transfer, assign, sell or give the license for a GMRS system to any other entity except in accordance with the provisions of Sec. 1.948. (b) If the licensee sells or gives away the GMRS system equipment, the new owner must obtain a new license before using it (see Sec. 1.913), unless the new owner intends to use the equipment with an already licensed GMRS system. 117. Section 95.111 is removed. Sec. 95.111 [Removed] 118. Section 95.113 is removed. Sec. 95.113 [Removed] 119. Section 95.115 is amended by removing the second sentence to read as follows: Sec. 95.115 Station inspection. *** If an authorized FCC representative requests to inspect the GMRS system records, the licensee must make them available. 120. Section 95.117 is amended by revising paragraphs (a), (b), and (c) to read as follows: Sec. 95.117 Where to contact the FCC. (a) Write to the nearest FCC field office. (b) Write to the FCC, Attention: GMRS, 1270 Fairfield Road, Gettysburg, PA 17325-7245. (c) Contact the FCC National Call Center at 1-888-225-5322. 121. Section 95.119 is amended by revising paragraphs (a), (b), (d), (d)(1) and (d)(2) to read as follows: Sec. 95.119 Station identification. (a) Except as provided in paragraph (e), every GMRS station must transmit a station identification: (1) *** (2) *** (b) The station identification is the call sign assigned to the GMRS station or system. (c) *** (d) The station identification must be transmitted in: (1) Voice in the English language; or (2) International Morse code. (e) *** 122. Section 95.121 is removed. Sec. 95.121 [Removed] 123. Section 95.123 is removed. Sec. 95.123 [Removed] 124. Section 95.125 is removed. Sec. 95.125 [Removed] 125. Section 95.127 is removed. Sec. 95.127 [Removed] 126. Section 95.129 is amended by revising paragraphs (a) and (b)(2) and removing paragraphs (b)(3), (c), and (d) to read as follows: Sec. 95.129 Station equipment. (a) Every GMRS station must use transmitters the FCC has type-accepted for use in the GMRS. All GMRS transmitting equipment must comply with the technical rules in part 95, subpart E of these rules. (b) *** (1) *** (2) Has been internally modified to make it different from the FCC type-accepted model. 127. Section 95.131 is removed. Sec. 95.131 [Removed] 128. Section 95.133 is removed. Sec. 95.133 [Removed] 129. Section 95.135 is amended by removing and reserving paragraph (b) and revising paragraph (d) to read as follows: Sec. 95.135 Maximum authorized transmitting power. ***** (b) [Removed and reserved]. (c) *** (d) A fixed station must transmit with no more than 15 watts output power. ***** 130. Section 95.137 is removed. Sec. 95.137 [Removed] 131. Section 95.139 is amended by removing paragraph (b) and redesignating paragraph (c) as paragraph (b). 132. Section 95.171 is amended by revising this section to read as follows: Sec. 95.171 Station operator duties. When a GMRS station is transmitting, it must have a station operator. The station operator must be at the control point for that station. The same person may be the operator for more than one station at the same time. The station operator communicates messages and controls the station. The station operator must also cooperate in sharing each channel with station operators of other stations. 133. Section 95.173 is removed. Sec. 95.173 [Removed] 134. Section 95.175 is removed. Sec. 95.175 [Removed] 135. Section 95.177 is removed. Sec. 95.177 [Removed] 136. Section 95.179 is amended by revising paragraph (a), removing paragraph (b) and redesignating paragraph (b)(1) as paragraph (b), and removing paragraphs (b)(2) and (f) to read as follows: Sec. 95.179 Individuals who may be station operators. (a) An individual GMRS system licensee may permit his/her immediate family members to be station operators in his/her GMRS system. Immediate family members are the: ***** 137. Section 95.181 is amended by revising paragraph (f) and removing paragraphs (i) and (j) to read as follows: Sec. 95.181 Permissible communications. ***** (f) A station operator may communicate tone messages for purposes of identification or transmitter control in a control link. ***** (i) [Removed] (j) [Removed] 138. Section 95.183 is added to this subpart A to read as follows: Sec. 95.183 Prohibited communications. (a) A station operator must not communicate: (1) Messages for hire, whether the remuneration received is direct or indirect; (2) Messages in connection with any activity which is against Federal, State, or local law; (3) False or deceptive messages; (4) Coded messages or messages with hidden meanings; (5) Intentional interference; (6) Music, whistling, sound effects or material to amuse or entertain; (7) Obscene, profane, or indecent words, language or meaning; (8) Advertisements or offers for the sale of goods; (9) Advertisements for a political candidate or political campaign (messages about the campaign business may be communicated); (10) International distress signals, such as the word "Mayday" (except when on a ship, aircraft or other vehicle in immediate danger to ask for help); (11) Programs (live or delayed) intended for radio or television station broadcast; (12) Messages which are both conveyed by a wireline control link and transmitted by a GMRS station; (13) Messages (except emergency messages) to any station in the Amateur Radio Service, to any unauthorized station, or to any foreign station; (14) Continuous or uninterrupted transmissions, except for communications involving the immediate safety of life or property; (15) Messages for public address systems; (b) A station operator in a GMRS system licensed to a telephone answering service must not transmit any communications to customers of the telephone answering service. 139. Appendix A to subpart A is amended by revising this section to read as follows: APPENDIX A TO SUBPART A In ITU Region 2, the GMRS is regulated by the Commission within the territorial limits of the 50 United States, District of Columbia, Caribbean Insular areas [Commonwealth of Puerto Rico, United States Virgin Islands (50 islets and cays) and Navassa Island], and Johnston Island (Islets East, Johnston, North and Sand) and Midway Island (Islets Eastern and Sand) in the Pacific Insular areas. In ITU Region 3, the GMRS is regulated by the Commission within the Pacific Insular territorial limits of American Samoa (seven islands), Baker Island, Commonwealth of Northern Mariana Islands, Guam Island, Howland Island, Jarvis Island, Kingman Reef, Palmyra Island (more than 50 islets), and Wake Island (Islets Peale, Wake and Wilkes). 140. Section 95.217 is amended by revising paragraph (b) to read as follows: Sec. 95.217 (R/C Rule 17) May I operate my R/C station transmitter by remote control? (a) *** (b) You may operate an R/C transmitter by wireline remote control if you obtain specific approval in writing from the FCC. To obtain FCC approval, you must show why you need to operate your station by wireline remote control using FCC Form 601 or 605. This form may be filed electronically or manually. If you receive FCC approval, you must keep the approval as part of your station records. (See R/C Rule 24, Sec. 95.224). ***** 141. Section 95.219 is amended by revising paragraphs (b), (b)(1), (b)(2), and (c) to read as follows: Sec. 95.219 (R/C Rule 19) How do I answer correspondence from the FCC? (a) *** (b) Using FCC Form 601 or 605 and, within the time period stated in the notice, you must answer, electronically or manually, with: (1) A complete statement about the apparent discrepancy; (2) A complete statement about any action you have taken to correct the apparent violation and to prevent it from happening again; and (3) *** (c) If the FCC sends you a letter asking you questions about your R/C radio station or its operation, you must answer each of the questions, using FCC Form 601 or 605, with a complete statement within the time period stated in the letter. ***** 142. Section 95.225 is amended by revising paragraph (b) to read as follows: Sec. 95.225 (R/C Rule 25) How do I contact the FCC? ***** (b) Write to the FCC, Wireless Telecommunications Bureau, Public Safety and Private Wireless Division, Washington, DC 20554, or contact the FCC via the Internet at www.fcc.gov, if you have questions about the R/C Rules. 143. Section 95.419 is amended by revising paragraph (b) of this section to read as follows: Sec. 95.419 (CB Rule 19) May I operate my CB station transmitter by remote control? (a) *** (b) You may operate a CB transmitter by wireline remote control if you obtain specific approval in writing from the FCC. To obtain FCC approval, you must show why you need to operate your station by wireline remote control using FCC Form 601 or 605. This form may be filed electronically or manually. If you receive FCC approval, you must keep the approval as part of you station records. (See CB Rule 27, Sec. 95.427.) ***** 144. Section 95.422 is amended by revising paragraphs (b), (b)(1), (b)(2), and (c) of this section to read as follows: Sec. 95.422 (CB Rule 22) How do I answer correspondence from the FCC? (a) *** (b) Using FCC Form 601 or 605, and within the time period stated in the notice, you must answer, electronically or manually, with: (1) A complete statement about the apparent discrepancy; (2) A complete statement about any action you have taken to correct the apparent violation and to prevent it from happening again; and (3) *** (c) If the FCC sends you a letter asking you questions about your CB radio station or its operation, you must answer, electronically or manually, each of the questions, using FCC Form 601 or 605, with a complete statement within the time period stated in the letter. ***** 145. Section 95.428 is amended by revising paragraph (b) and adding paragraph (c) to read as follows: Sec. 95.428 (CB Rule 28) How do I contact the FCC? ***** (b) Write to the FCC, Wireless Telecommunications Bureau, Public Safety and Private Wireless Division, Washington, DC 20554, or contact the FCC via the Internet at www.fcc.gov, if you have questions about the CB Rules. (c) Contact the FCC National Call Center at 1-888-225-5322. 146. Section 95.605 is amended by revising this section to read as follows: Sec. 95.605 Type acceptance and certification procedures. Any entity may request type acceptance for its transmitter, using FCC Form 601 or 605, when the transmitter is used in the GMRS, R/C, CB, IVDS, or LPRS following the procedures in part 2 of this chapter. Any entity may request certification for its transmitter, using FCC Form 601 or 605, when the transmitter is used in the FRS following the procedures in part 2 of this chapter. 147. Section 95.801 is amended by revising this section to read as follows: Sec. 95.801 Scope. This subpart sets out the regulations governing the licensing and operation of an Interactive Video and Data Service (IVDS) system. This subpart supplements Part 1, Subpart F, which establishes the requirements and conditions under which commercial and private radio stations may be licensed and used in the Wireless Telecommunications Services. The provisions of this subpart contain additional pertinent information for current and prospective licensees specific to the services governed by this Part 95. 148. Section 95.815 is amended by removing and reserving this section Sec. 95.815 [Removed and reserved] 149. Section 95.816 is amended by amending paragraph (c)(2)(ii) of this section to read as follows: Sec. 95.816 Competitive bidding proceedings. ***** (c) *** (2) *** (i) *** (ii) Applicants must submit a long-form application (FCC Form 601) within ten (10) business days after being notified that it is the winning bidder for a license. See 1.2107(c) and (d) of this chapter. ***** 150. Section 95.817 is amended by removing this section: Sec. 95.817 [Removed] 151. Section 95.819 is amended by revising the first sentence of paragraph (c) of this section to read as follows: Sec. 95.819 License transferability. ***** (c) Once the five year construction benchmark has been met, licensees of IVDS systems that were not acquired through competitive bidding may transfer, sell, assign, or give the IVDS system licenses together with all of its component CTS licenses to any other entity in accordance with the provisions of Sec. 1.948. *** 152. Section 95.821 is amended by removing this section: Sec. 95.821 [Removed] 153. Section 95.833 is amended by revising paragraph (b) and adding paragraph (c) to this section to read as follows: Sec. 95.833 Construction requirements. (a) *** (b) Each IVDS system licensee must file a progress report, electronically or manually, using FCC Form 601, at the conclusion of each of the two benchmark periods to inform the Commission of the construction status of the system. If filed manually, the report must be addressed to: Federal Communications Commission. Wireless Telecommunications Bureau, Licensing and Technical Analysis Branch, 1270 Fairfield Road, Gettysburg, PA 17325-7245. The report must include: ****** (c) The FCC will notify licensees by letter, sent electronically via the Universal Licensing System or by mail, within 90 days, that the end of its construction period is approaching. The licensee must notify the FCC (Form 601), either electronically via the Universal Licensing System or by mail, no later than 15 days after the end of the construction period of the completion or satisfaction of its construction requirements. If the licensee fails to respond within the allotted time, then the authorization will automatically terminate. APPENDIX M PROPOSED RULES - PART 97 CURRENT RULE NUMBER SUBJECT (proposed change) PROPOSED NEW OR REVISED RULE NUMBER 97.3 Definitions (add definition for Universal Licensing System (ULS)). 97.3(45) 97.5 Station license required (change form number and revise to reflect ULS implementation). 97.5 97.7 Control operator required (change form number and revise to reflect ULS implementation). 97.7 97.9 Operator license (change form number and revise to reflect ULS implementation). 97.9 97.13 Restrictions on station location (add cross reference to OET Bulletin No. 65). 97.13 97.15 (a), (b), (d) Station antenna structures (change form number and revise to reflect ULS implementation). 97.15(a), (b), (d) 97.17 Application for new license or reciprocal permit for alien amateur licensee (change form number and revise to reflect electronic filing of information). 97.17 97.19 Application for a vanity call sign (change form number and revise to reflect electronic filing of information). 97.19 97.21 Application for a modified or renewed license (change form number and revise to reflect electronic filing of information). 97.21 97.23 Mailing Address (change to allow electronic filing of information). 97.23 97.25 License Term (remove license term for a reciprocal permit for alien amateur licensee). 97.25 97.27 FCC Modification of Station License (Clarify). 97.27 97.29 Replacement license document (change to allow electronic filing of information via Universal Licensing System). 97.29 97.107 Reciprocal operating privileges (revise title and add introductory text). 97.107 97.119(g) Station identification (revise to cross-reference 47 C.F.R.  97.107). 97.119(g) 97.201(a) Auxiliary station (revise to include Technician Plus) 97.201(a) 97.203(a) Beacon station (revise to include Technician Plus). 97.203(a) 97.207(g),(h), (i) Space station (change to allow electronic filing of information via ULS). 97.207(g), (h), (i) 97.505(a)(10) Element credit (change form number to reflect ULS forms). 97.505(a)(10) 97.509(i) Administering VE requirements (change form number to reflect ULS forms and revise section). 97.509(i) 97.519(b) Coordinating examination sessions (change form number to reflect ULS forms). 97.519(b) PART 97-AMATEUR RADIO SERVICE 154. The authority citation for Part 97 continues to read as follows: AUTHORITY: Secs. 4, and 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154 and 303. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended: 47 U.S.C. 151-155, 301-699, unless otherwise noted. 155. Section 97.3 is amended by adding a new paragraph (45) and renumbering the remaining paragraphs accordingly to read as follows: Sec. 97.3 Definitions * * * * * (45) ULS (Universal Licensing System). The consolidated database, application filing system and processing system for all Wireless Telecommunications Services. * * * * * 156. Section 97.5 is amended by revising it to read as follows: Sec. 97.5 Station license grant required. (a) The station apparatus must be under the physical control of a person named in an amateur station license grant on the ULS consolidated license database or a person authorized for alien reciprocal operation by Section 97.107 of this Part, before the station may transmit on any amateur service frequency from any place that is: * * * * * (b) The types of station license grants are: (1) An operator/primary station license grant. One, but only one, operator/primary station license grant may be held by any one person. The primary station license is granted together with the amateur operator license. Except for a representative of a foreign government, any person who qualifies by examination is eligible to apply for an operator/primary station license grant. (2) A club station license grant. A club station license grant may be held only by the person who is the license trustee designated by an officer of the club. The trustee must be a person who holds an Amateur Extra, Advanced, General, Technician Plus, or Technician operator license grant. The club must be composed of at least four persons and must have a name, a document of organization, management, and a primary purpose devoted to amateur service activities consistent with this part. (3) A military recreation station license grant. A military recreation station license grant may be held only by the person who is the license custodian designated by the official in charge of the United States military recreational premises where the station is situated. The person must not be a representative of a foreign government. The person need not hold an amateur operator license grant. (4) A RACES station license grant. A RACES station license grant may be held only by the person who is the license custodian designated by the official responsible for the governmental agency served by that civil defense organization. The custodian must be the civil defense official responsible for coordination of all civil defense activities in the area concerned. The custodian must not be a representative of a foreign government. The custodian need not hold an amateur operator license grant. (c) The person named in the station license grant or who is authorized for alien reciprocal operation by Section 97.107 of this Part may use, in accordance with the applicable rules of this Part, the transmitting apparatus under the physical control of the person at places where the amateur service is regulated by the FCC. * * * * * 157. Section 97.7 is amended by revising it to read as follows: Sec. 97.7 Control operation required. When transmitting, each amateur station must have a control operator. The control operator must be a person: (a) For whom an amateur operator/primary station license grant appears on the ULS consolidated licensee database, or (b) Who is authorized for alien reciprocal operation by Section 97.107 of this Part. 158. Section 97.9 is amended by revising it to read as follows: Sec. 97.9 Operator license grant. (a) The classes of amateur operator license grants are: Novice, Technician, Technician Plus (until such licenses expire, a Technician Class license granted before February 14, 1991, is considered a Technician Plus Class license), General, Advanced, and Amateur Extra. The person named in the operator license grant is authorized to be the control operator of an amateur station with the privileges authorized to the operator class specified on the license grant. (b) The person named in an operator license grant of Novice, Technician, Technician Plus, General or Advanced Class, who has properly submitted to the administering VEs, a FCC Form 605 document requesting examination for an operator license grant of a higher class, and who holds a CSCE indicating that the person has completed the necessary examinations within the previous 365 days, is authorized to exercise the rights and privileges of the higher operator class until a final disposition of the application or until 365 days following the passing of the examination, whichever comes first. 159. Section 97.13 is amended by revising paragraphs (a), (b), and (c)(2) to read as follows: Sec. 97.13 Restrictions on station location. (a) Before placing an amateur station on land of environmental importance or that is significant in American history, architecture or culture, the licensee may be required to take certain actions prescribed by Sections 1.1305-1.1319 of this chapter. (b) * * *. Geographical coordinates of the facilities that require protection are listed in Section 0.121(c) of this chapter. (c) * * * * * * (2) * * *. Further information on evaluating compliance with these limits can be found in the OET Bulletin Number 65, "Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields." 160. Section 97.15 is amended by revising paragraph (a), (b) and (d) to read as follows: Sec. 97.15 Station antenna structures. (a) Unless the amateur station license grantee has received prior approval from the FCC, no antenna structure, including the radiating elements, tower, supports and all appurtenances, may be higher than 61 m (200 feet) above ground level at its site. (b) Unless the amateur station license grantee has received prior approval from the FCC, no antenna structure, at an airport or heliport that is available for public use and is listed in the Airport Directory of the current Airman's Information Manual or in either the Alaska or Pacific Airman's Guide and Chart supplement; or at an airport or heliport under construction that is the subject of a notice or proposal on file with the FAA, and except for military airports, it is clearly indicated that the airport will be available for public use; or at an airport or heliport that is operated by the armed forces of the United States; or at a place near any of these airports or heliports, may be higher than: * * * * * (d) Further details as to whether an aeronautical study is required or if the structure must be registered, painted, or lighted are contained in Part 17 of this chapter, Construction, Marking, and Lighting of Antenna Structures. To request approval to place an antenna structure higher than the limits specified in paragraphs (a), (b) and (c) of this section, the licensee must notify the FAA using FAA Form 7460-1 and the structure owner must register the structure with the Wireless Telecommunications Bureau using FCC Form 854. * * * * * 161. Section 97.17 is amended by removing paragraphs (c), (d) and (g) and revising and redesignating the entire section to read as follows: Sec. 97.17 Application for new license grant. (a) Any qualified person is eligible to apply for a new operator/primary station, club station or military recreation station license grant. No new license grant will be issued for a RACES station. (b) Each application for a new amateur service license grant must be filed with the FCC as follows: (1) For a new operator/primary station license grant, a properly completed FCC Form 605 document must be presented to the VEs administering the requisite qualifying examination to the applicant. When the examination is successful, the VEs submit the FCC Form 605 document to the coordinating VEC, who in turn, submits the information thereon to the FCC in an electronic batch file. (2) For a new club or military recreation station license grant, a properly completed FCC Form 605 document must be presented to an amateur radio organization having tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986 that provides voluntary, uncompensated and unreimbursed services in providing club and military recreation station call signs ("Club Station Call Sign Administrator") who must submit the information on the FCC Form 605 document to the FCC in an electronic batch file. The Club Station Call Sign Administrator must retain the FCC Form 605 document for at least 15 months and make it available to the FCC upon request. The FCC will issue public announcements listing the qualified organizations that have completed a pilot autogrant batch filing project and are authorized to serve as a Club Station Call Sign Administrator. (c) No person shall obtain or attempt to obtain, or assist another person to obtain, or attempt to obtain, an amateur service license grant by fraudulent means. (d) One unique call sign will be shown on the license grant of each new primary, club and military recreation station. The call sign will be selected by the sequential call sign system. 162. Section 97.19 is amended by revising it to read as follows: Sec. 97.19 Application for a vanity call sign. (a) The person named in an operator/primary station license grant or in a club station license grant is eligible to make application for modification of the license grant, or the renewal thereof, to show a call sign selected by the vanity call sign system. RACES and military recreation stations are not eligible for a vanity call sign. (b) Each application for a modification of an operator/primary or club station license grant, or the renewal thereof, to show a call sign selected by the vanity call sign system must be filed in accordance with the instructions contained in the Wireless Telecommunications Bureau Fee Filing Guide. The application must be filed on FCC Form 605 in interactive electronic form (preferred) or in document form. (c) Unassigned call signs are available to the vanity call sign system with the following exceptions: (1) A call sign shown on an expired license grant is not available to the vanity call sign system for 2 years following the expiration of the license. (2) A call sign shown on a surrendered, revoked, set aside, cancelled, or voided license grant is not available to the vanity call sign system for 2 years following the date such action is taken. (3) Except for an applicant who is the spouse, child, grandchild, stepchild, parent, grandparent, stepparent, brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, and except for an applicant who is a club station license trustee acting with the written consent of at least one relative, as listed above, of a person now deceased, the call sign shown on the license of person now deceased is not available to the vanity call sign system for 2 years following the person's death, or for 2 years following the expiration of the license grant, whichever is sooner. (d) * * * (1) The applicant must request that the call sign shown on the license grant be vacated and provide a list of up to 25 call signs in order of preference. * * * * * 163. Section 97.21 is amended by revising and renumbering entire section to read as follows: Sec. 97.21 Application for a modified or renewed license grant. (a) A person holding a valid amateur station license grant: (1) Must apply to the FCC for a modification of the license grant as necessary to show the correct mailing address, licensee name, club name, license trustee name or license custodian name. The application must be filed on FCC Form 605. (i) For an operator/primary station license grant, it must be submitted in interactive electronic form (preferred) or in document form to: FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245. (ii) For a club, military recreation or RACES station license grant, it must be presented in document form to a Club Station Call Sign Administrator who must submit the information thereon to the FCC in an electronic batch file. The Club Station Call Sign Administrator must retain the FCC Form 605 document for at least 15 months and make it available to the FCC upon request. (2) May apply to the FCC for a modification of the operator/primary station license grant to show a higher operator class. A properly completed FCC Form 605 document must be presented to the VEs administering the requisite qualifying examination to the applicant. When the examination is successful, the VEs submit the FCC Form 605 document to the coordinating VEC who, in turn, submits t he information thereon to the FCC in an electronic batch file. (3) May apply to the FCC for renewal of the license grant for another term. The application must be filed on FCC Form 605. (i) For a station license grant showing a call sign obtained through the vanity call sign system, the application must be filed in accordance with Section 97.19 of this Part in order to have the vanity c all sign reassigned to the station. (ii) For a primary station license grant showing a call sign obtained through the sequential call sign system, and for a primary station license grant showing a call sign obtained through the vanity call sign system but whose grantee does not want to have the vanity call sign reassigned to the station, the application must be filed with the FCC in interactive electronic form (preferred) or in document form to: FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245. When the application has been received by the FCC on or before the license expiration date, the license operating authority is continued until the final disposition of the application. (iii) For a RACES station license grant, for a club station or military recreation station license grant showing a call sign obtained through the sequential call sign system, and for a club or military recreation station license grant showing a call sign obtained through the vanity call sign system but whose grantee does not want to have the vanity call sign reassigned to the station, the application must be presented in document form to a Club Station Call Sign Administrator who must submit the information thereon to the FCC in an electronic batch file. The Club Station Call Sign Administrator must retain the FCC Form 605 document for at least 15 months and make it available to the FCC upon request. (b) A person whose amateur station license grant has expired may apply to the FCC for renewal of the license grant for another term during a 2 year filing grace period. The application must be received at the address specified above prior to the end of the grace period. Unless and until the license grant is renewed, no privileges in this Part are conferred. (c) A call sign obtained under the sequential call sign system will be reassigned to the station upon renewal or modification of a station license. 164. Section 97.23 is amended by revising it to read as follows: Sec. 97.23 Mailing address. Each license grant must show the grantee's correct name and mailing address. The mailing address must be in an area where the amateur service is regulated by the FCC and where the grantee can receive mail delivery by the United States Postal Service. Revocation of the station license or suspension of the operator license may result when correspondence from the FCC is returned as undeliverable because the grantee failed to provide the correct mailing address. 165. Section 97.25 is amended by revising it to read as follows: Sec. 97.25 License Term. An amateur service license is normally granted for a 10-year term. 166. Section 97.27 is amended by revising the title and paragraph (a) to read as follows: Sec. 97.27 FCC Modification of station license grant. (a) The FCC may modify a station license grant, either for a limited time or for the duration of the term thereof, if it determines: * * * * * 167. Section 97.29 is amended by revising the title and section to read as follows: Sec. 97.29 Replacement license grant document. Each grantee whose amateur station license grant document is lost, mutilated or destroyed may apply to the FCC for a replacement on FCC Form 605. (a) For replacement of an operator/primary station license grant document, the request must be filed with the FCC in interactive electronic form (preferred) or in document form to: FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245. (b) For replacement of a club station, military recreation station or RACES station license grant document, a properly completed FCC Form 605 document must be presented to a Club Station Call Sign Administrator who must submit the information thereon to the FCC in an electronic batch file. The Club Station Call Sign Administrator must retain the FCC Form 605 document for at least 15 months and make it available to the FCC upon request. 168. Section 97.107 is amended by revising the title and section to read as follows: Sec. 97.107 Reciprocal operating authority. A non-citizen of the United States ("alien") holding an amateur service authorization granted by the alien's government is authorized to be the control operator of an amateur station located at places where the amateur service is regulated by the FCC, provided there is in effect a multilateral or bilateral reciprocal operating arrangement, to which the United States and the alien's government are parties, for amateur service operation on a reciprocal basis. The FCC will issue public announcements listing the countries with which the United States has such an arrangement. No citizen of the United States or person holding an FCC amateur operator/primary station license grant is eligible for the reciprocal operating authority granted by this section. The privileges granted to a control operator under this authorization are: (a) For an amateur service license granted by the Government of Canada: (1) The terms of the Convention Between the United States and Canada (TIAS No. 2508) Relating to the Operation by Citizens of Either Country of Certain Radio Equipment or Stations in the Other Country; (2) The operating terms and conditions of the amateur service license issued by the Government of Canada; and (3) The applicable rules of this Part, but not to exceed the control operator privileges of an FCC-granted Amateur Extra Class operator license. (b) For an amateur service license granted by any country, other than Canada, with which the United States has a multilateral or bilateral agreement: (1) The terms of the agreement between the alien's government and the United States; (2) The operating terms and conditions of the amateur service license granted by the alien's government; (3) The applicable rules of this Part, but not to exceed the control operator privileges of an FCC-granted Amateur Extra Class operator license; and (4) [deleted] (c) At any time the FCC may, in its discretion, modify, suspend or cancel the reciprocal operating authority granted to any person by this section. 169. Section 97.119 is amended by revising paragraph (g) to read as follows: Sec. 97.119 Station identification. * * * * * (g) When the station is transmitting under the authority of Section 97.107 of this Part, an indicator consisting of the appropriate letter-numeral designating the station location must be included before the call sign that was issued to the station by the country granting the license. For an amateur service license granted by the Government of Canada, however, the indicator must be included after the call sign. At least once during each intercommunication, the identification announcement must include the geographical location as nearly as possible by city and state, commonwealth or possession. 170. Section 97.201 is amended by revising paragraph (a) to read as follows: Sec. 97.201 Auxiliary station. (a) Any amateur station licensed to a holder of a Technician, Technician Plus, General, Advanced or Amateur Extra Class operator license may be an auxiliary station. A holder of a Technician, Technician Plus, General, Advanced or Amateur Extra Class operator license may be the control operator of an auxiliary station, subject to the privileges of the class of operator license held. * * * * * 171. Section 97.203 is amended by amending paragraph (a) to read as follows: Sec. 97.203 Beacon station. (a) Any amateur station licensed to a holder of a Technician, Technician Plus, General, Advanced or Amateur Extra Class operator license may be a beacon. A holder of a Technician, Technician Plus, General, Advanced or Amateur Extra Class operator license may be the control operator of a beacon, subject to the privileges of the class of operator license held. * * * * * 172. Section 97.207 is amended by revising paragraphs (g), (h) and (i) to read as follows: Sec. 97.207 Space station. * * * * * (g) The license grantee of each space station must make two written pre-space station notifications to the International Bureau, FCC, Washington, DC 20554. Each notification must be accord with the provisions of Articles 11 and 13 of the Radio Regulations. *** (h) The license grantee of each space station must make a written in-space station notification to the International Bureau no later than 7 days following initiation of space station transmissions. The notification must update the information contained in the pre-space notification. (i) The license grantee of each space station must make a written post-space station notification to the International Bureau no later than 3 months after termination of the space station transmissions. When the termination is ordered by the FCC, notification is required no later than 24 hours after termination. 173. Section 97.505 is amended by revising paragraph (a) to read as follows: Sec. 97.505 Element Credit. (a) * * * * * * * * (10) An unexpired (or expired but within the grace period for renewal) FCC-granted Novice, Technician Plus (including a Technician Class operator license granted before February 14, 1991), General, or Advanced Class operator license document, and a FCC Form 605 document containing: (i) * * * (ii) * * * * * * * * 174. Section 97.509 is amended by revising paragraph (i) to read as follows: Sec. 97.509 Administering VE requirements. * * * * * (i) When the examinee is credited for all examination elements required for the operator license sought, 3 VEs must certify on the examinee's FCC Form 605 license grant application document that the examinee is qualified for the license grant and that the VEs have complied with these administering VE requirements. The certifying VEs are jointly and individually accountable for the proper administration of each examination element reported on the examinee's FCC Form 605. The certifying VEs may delegate to other qualified VEs their authority, but not their accountability, to administer individual elements of an examination * * * * * 175. Section 97.519(b) is amended by revising paragraph (b) to read as follows: Sec. 97.519 Coordinating examination sessions. * * * * * (b) At the completion of each examination session, the coordinating VEC must collect the FCC Forms 605 documents and tests results from the administering VEs. Within 10 days of collecting the FCC Forms 605 documents, the coordinating VEC must: (1) Screen each FCC Form 605 document; (2) Resolve all discrepancies appearing on the FCC Form 605 documents and verify that the VE's certifications are properly completed; and (3) For qualified examinees, forward electronically the data contained on the FCC Forms 605 documents, or forward the FCC Form 605 documents to: FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245. When the data is forwarded electronically, the coordinating VEC must retain the FCC Forms 605 documents for at least 15 months and make them available to the FCC upon request. * * * * * APPENDIX N PROPOSED RULES - PART 101 CURRENT RULE NUMBER SUBJECT (proposed change) PROPOSED NEW OR REVISED RULE NUMBER 101.3 Definitions (change to allow electronic filing of information via ULS). 101.3 101.5(b) Station Authorization Required (change form number to reflect ULS forms). 101.5(b) 101.9 Formal and informal applications (move to consolidated Part 1 Rule). 1.913, 1.915 101.11 Filing of applications, fees and number of copies move to consolidated Part 1 Rule). 1.913, 1.915 101.13 Application forms and requirements for private operational fixed stations (move to consolidated Part 1 Rule). 1.913, 1.915, 1.949 101.15 Application forms for common carrier fixed stations (move to consolidated Part 1 Rule). 1.913, 1.915, 1.949 101.19 General application requirements (move to consolidated Part 1 Rule). 1.915 101.21(g) Technical Content of Applications (change form number to reflect ULS forms). 101.21(g) 101.23 Waiver (change to reflect electronic filing via ULS). 101.23 101.25 Inconsistent or conflicting applications (move to consolidated Part 1 Rule). 1.937 101.27 Repetitious applications (move to consolidated Part 1 Rule). 1.937 101.29 Amendment to pending applications (move to consolidated Part 1 Rule). 1.927 101.31 Special temporary, temporary and conditional applications revise and see 1.933). 101.31 101.33 Who may sign applications (move to consolidated Part 1 Rule). 1.917 101.35 Preliminary processing of applications (move to consolidated Part 1 Rule). 1.926 101.37 Public notice period (move to consolidated Part 1 Rule). 1.933 101.39 Dismissal and return of applications (move to consolidated Part 1 Rule). 1.934 101.41 Ownership changes and agreements to amend or dismiss applications or pleadings (partially removed and rest moved to consolidated Part 1 Rule). 1.919, 1.927, 1.935 101.43 Opposition to applications (move to consolidated Part 1 Rule). 1.939 101.45 Mutually exclusive applications (revise to delete reference to random selection procedure) 101.45 101.47 Consideration of applications (move to consolidated Part 1 Rule). 1.915 101.53 Assignment or transfer of station authorizations (move to consolidated Part 1 Rule). 1.948 101.57 Modification of station license (move to consolidated Part 1 Rule). 1.947 101.59 Major/minor modifications (move to consolidated Part 1 Rule). 1.929 101.61 Certain modifications not requiring prior authorization (move to consolidated Part 1 Rule). 1.947 101.63(b), (d), (e) Period of construction; certification of completion of construction (change to allow electronic filing of information via ULS; add notification section). 101.63(b), (d), (e) 101.65 Forfeiture and termination of station authorizations (change to allow electronic filing of information via ULS; delete reinstatement). 101.65 101.105(c)(3) Interference protection criteria (change to allow electronic filing of information via ULS). 101.105(c)(3) 101.305 Discontinuance, reduction or impairment of service (change to allow electronic filing of information via ULS). 101.305 101.309 Requirement that licensees respond to official communications (change to allow electronic filing of information via ULS). 101.309 101.413 Developmental report required (change to allow electronic filing of information via ULS). 101.413 101.701(c) Eligibility (change to allow electronic filing of information via ULS). 101.701(c) 101.705(a) Renewal of station licenses (move to consolidated Part 1 Rule as well as Amended Part 101 Rule). 1.949, 101.705 101.815(a)(2), (b) Stations at temporary fixed locations (change form number to reflect ULS forms). 101.815(a)(2), (b) 101.817(a) Notification of station operation at temporary locations (change to allow electronic filing of information via ULS). 101.817(a) 101.1015 Application form and contents (move to consolidated Part 1 Rule). 1.913, 1.915 176. Section 101.3 is amended by adding the following new definition: Sec. 101.3 Definitions. Universal Licensing System (ULS). The consolidated database, application filing system and processing system for all Wireless Telecommunications Services. The ULS offers Wireless Telecommunications Bureau (WTB) applicants and the general public electronic filing of all applications requests, and full public access to all WTB licensing data. 177. Section 101.5 is amended by revising the form numbers in paragraph (b) in the following manner: Sec. 101.5 Station authorization required. * * * (b) A separate application form must be filed for each Digital Electronic Message Service Nodal Station. No license is required for a Digital Electronic Message User Station. Authority for a Digital Electronic Message Nodal Station licensee to serve a specific number of user stations to be licensed in the name of the carrier must be requested on FCC Form 601 filed for the Digital Electronic Message Nodal Station. 178. Section 101.9 is removed. Sec. 101.9 [Removed] 179. Section 101.11 is removed. Sec. 101.11 [Removed] 180. Section 101.13 is removed. Sec. 101.13 [Removed] 181. Section 101.15 is removed. Sec. 101.15 [Removed] 182. Section 101.19 is removed. Sec. 101.19 [Removed] 183. Section 101.21 is amended by revising paragraph (g) to read as follows: Sec. 101.21 Technical content of applications. (g) Each application in the Local Multipoint Distribution Service must contain all technical information required by FCC Form 601 and any other applicable form or associated Public Notices and by any applicable rules in this part. 184. Section 101.23 is amended by revising in its entirety to read as follows: Sec. 101.23 Waiver of rules. Waiver of these rules may be granted upon application or on the Commission's own motion in accordance with section 1.925 of this chapter. 185. Section 101.25 is removed. Sec. 101.25 [Removed] 186. Section 101.27 is removed. Sec. 101.27 [Removed] 187. Section 101.29 is removed. Sec. 101.29 [Removed] 188. In Section 101.31, subparagraphs (a), (c) and (d) are removed, and subparagraphs (b) and (e) remain as the text of the rule, redesignated with changes to the title and text to read as follows: Sec. 101.31 Temporary and conditional authorizations. (a) Temporary authorization. (1) Authorizations may be issued upon proper application for rendition of temporary service to subscribers under the following conditions: (i) When a fixed station, authorized to operate at temporary locations, is to remain at a single location for more than 6 months, an application (FCC Form 601) for a station authorization designating that single location as the permanent location shall be filed at least 90 days prior to the expiration of the 6-month period; (ii) The station shall be used only for rendition of communication service at a remote point where the provision of wire facilities is not practicable within the required time frame; and (iii) The antenna structure height employed at any location shall not exceed the criteria set forth in Sec. 17.7 of this chapter unless, in each instance, authorization for use of a specific maximum antenna structure height for each location has been obtained from the Commission prior to erection of the antenna. See Sec. 101.125. (2) Applications for authorizations to operate stations at temporary locations under the provisions of this section shall be made upon FCC Form 601. Blanket applications may be submitted for the required number of transmitters. (3) Except for operations in the 17.8-19.7 GHz band, the licensee of stations which are authorized pursuant to the provisions of paragraph (b) of this section shall notify the Commission at least five (5) days prior to installation of the facilities stating: (i) The call sign, manufacturer's name, type or model number, output power and specific location of the transmitter(s); (ii) The maintenance location for the transmitter; (iii) The location of the transmitting or receiving station with which it will communicate and the identity of the correspondent operating such facilities; (iv) The exact frequency or frequencies to be used; (v) The public interest, convenience and necessity to be served by operation of the proposed installation; (vi) The commencement and anticipated termination dates of operation from each location. In the event the actual termination date differs from the previous notification, written notice thereof promptly shall be given to the Commission; (vii) A notification shall include compliance with the provisions of Sec. 101.21(e) when operations are to be conducted in the area of other terrestrial microwave stations and with the provisions of Sec. 101.21(e) when operations are to be conducted within the coordination distance contours of a fixed earth station; and (viii) Where the notification contemplates initially a service which is to be rendered for a period longer than 90 days, the notification shall contain a showing as to why application should not be made for regular authorization. (4) Less than 5 days advance notice may be given when circumstances require shorter notice provided such notice is promptly given and the reasons in support of such shorter notice are stated. (5) A copy of the notification shall be kept with the station license. (6) Operations in the 17.8-19.7 GHz band are prohibited in the areas defined in Sec. 101.123(d)(2). Operations proposed in the areas defined in Sec. 101.123(d)(1) may not commence without prior specific notification to, and authorization from, the Commission. Such notification will contain the information specified in paragraph (a)(3) of this section. (b) Conditional Authorization. (1) An applicant for a new point-to-point microwave radio station(s) or a modification of an existing station(s) in the 3,700-4,200; 5,925-6,425; 6,525-6,875; 10,550-10,680; 10,700-11,700; 11,700-12,200; 12,200-12,700; 12,700-13,200; 13,200-13,250; 17,700-19,700; and 21,200-23,600 MHz bands (see Sec. 101.147 for specific service usage) may operate the proposed station(s) during the pendency of its applications(s) upon the filing of a properly completed formal application(s) that complies with subpart B of part 101 if the applicant certifies that the following conditions are satisfied: (i) The frequency coordination procedures of Sec. 101.103 have been successfully completed; (ii) The antenna structure(s) has been previously studied by the Federal Aviation Administration and determined to pose no hazard to aviation safety as required by subpart B of part 17 of this chapter; or the antenna or tower structure does not exceed 6.1 meters above ground level or above an existing man-made structure (other than an antenna structure), if the antenna or tower has not been previously studied by the Federal Aviation Administration and cleared by the Commission; (iii) The grant of the application(s) does not require a waiver of the Commission's rules: (iv) The applicant has determined that the facility(ies) will not significantly affect the environment as defined in Sec. 1.1307 of this chapter; (v) The station site does not lie within 56.3 kilometers of any international border, within a radio "Quiet Zone" identified in Sec. 101.123 or, if operated on frequencies in the 17.8-19.7 GHz band, within any of the areas identified in Sec.101.123(d); (vi) If operated on frequencies in the 10.6-10.68 GHz band, the station site does not lie within any of the following regions: Name of Region Dimensions Center-Point Radius in Kilometers Kitt Peak, Arizona 60 N31-57-22; W111-36-42 Big Pine, California 60 N37-13-54; W118-16-34 Vandenburg AFB, California 75 N34-43-00; W120-34-00 Denver, Colorado 150 N39-43-00; W104-46-00 Washington, DC 150 N38-48-00; W76-52-00 Eglin AFB, Florida 50 N30-29-00; W86-32-00 Mauna Kea, Hawaii 60 N19-48-16; W155-27-29 North Liberty, Iowa 60 N41-46-17; W91-34-26 Maryland Point, Maryland 60 N38-22-26; W77-14-00 Hancock, New Hampshire 60 N42-56-01; W71-59-12 Los Alamos, New Mexico 60 N35-46-30; W106-14-42 Pie Town, New Mexico 60 N34-18-04; W108-07-07 Socorro, New Mexico 160 N34-04-43; W107-37-04 WSMR, New Mexico 75 N32-23-00; W106-29-00 Minot AFB, North Dakota 80 N48-15-00; W101-17-00 Arecibo, Puerto Rico 160 N18-20-37; W66-45-11 Fort Davis, Texas 60 N30-38-06; W103-56-39 St. Croix, Virgin Islands 60 N17-45-31; W64-35-03 Brewster, Washington 60 N48-07-53; W119-40-55 Green Bank, West Virginia 160 N38-25-59; W79-50-24 (vii) The filed application(s) does not propose to operate in the 21.2-23.6 GHz band with an E.R.P. greater than 55 dBm pursuant to Sec. 101.147(s); and (viii) The filed application(s) is consistent with the proposal that was coordinated pursuant to Sec. 101.103. (2) Conditional authority ceases immediately if the application(s) is rejected by the Commission because it is not acceptable for filing. (3) A conditional authorization pursuant to paragraphs (a) and (b) of this section is evidenced by retaining the original executed conditional licensing Certification Form with the station records. Conditional authorization does not prejudice any action the Commission may take on the subject application(s). Conditional authority is accepted with the express understanding that such authority may be modified or cancelled by the Commission at any time without hearing if, in the Commission's discretion, the need for such action arises. An applicant operating pursuant to this conditional authority assumes all risks associated with such operation, the termination or modification of the conditional authority, or the subsequent dismissal or denial of its application(s). (4) The Certification Form, or a copy thereof, must be posted at each station operating pursuant to this section consistent with Sec. 101.215. 189. Section 101.33 is removed. Se c. 101.33 [Removed] 190. Section 101.35 is removed. Sec. 101.35 [Removed] 191. Section 101.37 is removed. Sec. 101.37 [Removed] 192. Section 101.39 is removed. Sec. 101.39 [Removed] 193. Section 101.41 is removed. Sec. 101.41 [Removed] 194. Section 101.43 is removed. Sec. 101.43 [Removed] 195. Section 101.45 is amended by deleting paragraph (h) and by revising paragraphs (b), (d) and (f) to read as follows: Sec. 101.45 Mutually exclusive applications. (a) * * * (b) A common carrier application, except in the Local Multipoint Distribution Service, will be entitled to comparative consideration with one or more conflicting applications only if: (1) * * * * * * * * (d) Private operational fixed point-to-point microwave applications for authorization under this part will be entitled to comparative consideration with one or more conflicting applications in accordance with the provisions of Sec. 1.227(b)(4) of this chapter. (e) * * * (f) * * * (1) * * * (2) The amendment resolves frequency conflicts with authorized stations or other pending applications which would otherwise require resolution by hearing or by comparative evaluation pursuant to Sec. 101.51 provided that the amendment does not create new or additional frequency conflicts; * * * * * (h) [removed] 196. Section 101.47 is removed. Sec. 101.47 [Removed] 197. Section 101.53 is removed. Sec. 101.53 [Removed] 198. Section 101.57 is removed. Sec. 101.57 [Removed] 199. Section 101.59 is removed. Sec. 101.59 [Removed] 200. Section 101.61 is removed. Sec. 101.61 [Removed] 201. Sections 101.63(b), (d) and (e) are amended as follows: Sec. 101.63 Period of construction; certification of completion of construction. ** * (b) Failure to timely begin operation means the authorization cancels automatically. *** (d) Requests for extension of time to be in operation may be granted upon a showing of good cause, setting forth in detail the applicant's reasons for failure to have the facility operating in the prescribed period. Such requests shall be made using FCC Form 601 and must be submitted no later than 30 days prior to the end of the prescribed period, either electronically via the Universal Licensing System, or, where permitted, by mail to the Federal Communications Commission, Gettysburg, PA 17325-7245. (e) Construction of any authorized facility or frequency must be completed by the date specified in the license as the termination date of the construction period. The licensee must notify the Commission of the completion of construction in accordance with section 1.946 of this chapter. Licensees who fail to complete construction will have their authorizations terminated automatically, or in the case of unconstructed frequencies not constituting the entire license, the licensee must file an application to delete the frequencies from the license, to return them to their previous condition, within 15 days after the expiration of the construction period specified on the license. 202. Section 101.65 (b) is removed to delete the provision for reinstatement of a terminated stations authorization, subparagraph (c) is redesignated subparagraph (b), and subparagraph (d) is redesignated subparagraph (c) and is amended as follows: Sec. 101.65 Forfeiture and termination of station authorizations. * * * (b) A special temporary authorization will automatically terminate upon the expiration date specified therein, or upon failure to comply with any special terms or conditions set forth therein. Operation may be extended beyond such termination date only after application and upon specific authorization by the Commission. (c) If a station licensed under this part discontinues operation on a permanent basis, the licensee must electronically notify the Commission of the cancellation. For purposes of this section, any station which has not operated for one year or more is considered to have been permanently discontinued. See Sec. 101.305 for additional rules regarding temporary and permanent discontinuation of service. 203. Section 101.105(c)(3) is amended as follows: Sec. 101.105 Interference protection criteria. * * * (3) Applicants for frequencies listed in Sec. 101.147(b)(1) must make the following showings that protection criteria have been met over the entire service area of existing systems by filing Schedule __ with their applications. The schedule may be filed by the applicant or may be filed on behalf of the applicant by a frequency coordinator. * * * 204. Section 101.305 is amended as follows: Sec. 101.305 Discontinuance, reduction, or impairment of service. (a) If the public communication service provided by a station in the Common Carrier Radio Services and the Local Multipoint Distribution Service is involuntarily discontinued, reduced or impaired for a period exceeding 48 hours, the station licensee must promptly notify the Commission electronically where feasible, or in writing at Federal Communications Commission, Common Carrier Radio Services, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325. In every such case, the licensee must furnish full particulars as to the reasons for such discontinuance, reduction or impairment of service, including a statement as to when normal service is expected to be resumed. When normal service is resumed, prompt notification thereof must be given electronically, or in writing to the Federal Communications Commission at the above address. (b) No station licensee subject to title II of the Communications Act of 1934, as amended, may voluntarily discontinue, reduce or impair public communication service to a community or part of a community without obtaining prior authorization from the Commission pursuant to the procedures set forth in part 63 of this chapter. In the event that permanent discontinuance of service is authorized by the Commission, the station license is terminated; except that station licenses in the Local Multipoint Distribution Service are not terminated if the discontinuance is a result of a change of status by the licensee from common carrier to non-common carrier pursuant to Sec. 101.61. (c) Any licensee not subject to title II of the Communications Act of 1934, as amended, who voluntarily discontinues, reduces or impairs public communication service to a community or a part of a community must give electronic or written notification to the Commission within 7 days thereof. In the event of permanent discontinuance of service, the station license is automatically terminated; except that station licenses in the Local Multipoint Distribution Service are not terminated if the discontinuance is a result of a change of status by the licensee from non-common carrier to common carrier pursuant to Sec. 101.61. (d) If any common carrier radio frequency should not be used to render any service as authorized during a consecutive period of twelve months at any time after construction is completed under circumstances that do not fall within the provisions of paragraph (a), (b), or (c) of this section, or, if removal of equipment or facilities has rendered the station not operational, the licensee must, within thirty days of the end of such period of nonuse: (1) Electronically notify the Commission that it cancels the station license (or licenses); or * * * 205. Section 101.309 is revised to read as follows: Sec. 101.309 Requirement that licensees respond to official communications. All licensees in these services are required to respond to official communications from the Commission with reasonable dispatch and according to the tenor of such communications. Failure to do so will be given appropriate consideration in connection with any subsequent applications which the offending party may file and may result in the designation of such applications for hearing, or in appropriate cases, the institution of proceedings looking to the modification or revocation of the pertinent authorizations. Where feasible, licensees may respond to such official communications electronically via the Universal Licensing System 206. Section 101.413 is amended to delete the requirement that a report must be submitted in duplicate. Sec. 101.413 Developmental report required. (a) Upon completion of the program of research and development, or, in any event, upon the expiration of the instrument of station authorization under which such investigations were permitted, or at such times during the term of the station authorization as the Commission may deem necessary to evaluate the progress of the developmental program, the licensee must submit a comprehensive report on the following items, in the order designated: * * * 207. Section 101.701(c) is amended to change the demonstration requirement to a certification. Sec. 101.701 Eligibility. * * * (c) Applications for stations or frequencies that will be used primarily to relay broadcast television signals must include a certification that at least fifty percent of the customers (or points of service) on the microwave system involved, including those served through an interconnecting carrier(s), receiving applicant's service, will not be related or affiliated in any degree with the applicant, and that the proposed usage by such customers, in terms of hours of use and channels delivered, must constitute at least fifty percent of the usage of the applicant's microwave service. Applications that do not contain these certifications will be returned as unacceptable for filing. 208. Section 101.705 is amended to remove subparagraph (a) and to clarify the title and text as follows: Sec. 101.705 Special showing for renewal of common carrier station facilities using frequency diversity. Any application for renewal of license, for a term commencing January 1, 1975, or after, involving facilities utilizing frequency diversity must contain a statement showing compliance with Sec. 101.103(c) or the exceptions recognized in paragraph 141 of the "First Report and Order" in Docket No. 18920 (29 FCC 2d 870). (This document is available at: Federal Communications Commission, Library (Room 639), 1919 M Street, NW., Washington, DC.) If not in compliance, a complete statement with the reasons therefor must be submitted. 209. Sections 101.815(a)(2) and (b) are amended to show a form number change as follows: Sec. 101.815 Stations at temporary fixed locations. (a) * * * * * * (2) When a fixed station authorized to operate at temporary locations is installed and it subsequently becomes necessary for the station to operate from such location for more than six months, application FCC Form 601 for a station authorization to specify the permanent location must be filed at least thirty days prior to the expiration of the six month period. * * * (b) Applications for authorizations to operate stations at temporary locations under the provisions of this section may be made upon FCC Form 601. Blanket applications may be submitted for the required number of transmitters. * * * * * 210. Section 101.817(a) is amended as follows: Sec. 101.817 Notification of station operation at temporary locations. (a) The licensee of stations authorized pursuant to Sec. 101.813 must notify the Commission prior to each period of operation. This notification must be made by electronic filing and must include: * * * 211. Section 101.1015 is removed. Sec. 101.1015 [Removed]. APPENDIX O PROPOSED CONSOLIDATED PART 1 RULES (Part 1, Subpart F) Proposed New Rule Description Current Rule(s) (Proposed to be deleted and consolidated in Part 1, Subpart F) 1.901 Basis and purpose No current rule 1.902 Scope 1.901 1.903 Authorization required 22.821, 24.803, 90.117 1.907 Definitions Definitions relevant to Part 1 incorporated from service-specific rule parts 1.913 Application forms; electronic and manual filing 1.912, 1.922, 22.105, 22.106, 24.406, 24.806, 24.809, 87.25 intro & (b), 90.147, 95.71(a)-(f), 95.815, 101.9, 101.11, 101.13, 101.15 1.915 General application requirements 24.806, 24.809, 24.813, 26.304, 26.305, 26.316, 27.301, 27.307, 27.315, 27.322, 80.23, 90.117, 95.71(a)-(f), 95.815, 101.9, 101.11, 101.13, 101.15, 101.19, 101.1015 1.917 Who may sign applications 22.103, 90.125, 95.87, 101.33 1.919 Ownership information 22.108, 101.19(c)(1) 1.923 Content of applications 1.955, 22.105, 22.115, 24.406, 24.429, 24.815, 26.304, 26.306, 26.307, 87.21, 90.147, 95.37, 95.71(a)-(f), 95.73(a)-(e), 95.75, 95.815, 101.1015 1.925 Waivers 1.931, 22.119, 24.419, 24.819, 26.310, 27.310, 90.151, 95.72 1.926 Application processing; initial procedures 1.953, 22.120, 24.426, 90.139, 90.611, 90.711, 101.35 1.927 Amendment of applications 1.918, 22.122, 22.539(f), 24.409, 24.422, 24.422, 24.423, 24.822, 24.823, 26.314, 27.313, 90.131, 90.161(a), 95.71(a)-(f), 95.73(a)-(e), 95.815, 101.29 1.929 Classification of filings as major or minor 22.123, 22.131(d)(3), 22.163, 24.809, 26.313, 26.314, 90.164, 90.609(a) 1.931 Application for special temporary authorization, temporary permit or temporary operating authority 1.925, 22.125, 24.425, 24.825, 26.315, 27.314, 27.324, 90.145, 95.72, 95.71(a)-(f), 95.73(a)-(e), 90.657, 95.815, 101.31(a)(1), (b)(1)(i) 1.933 Public notice 1.962, 22.127, 90.160 1.934 Defective applications and dismissal 1.959, 1.958, 1.961, 22.128, 24.420, 24.428, 24.820, 24.828, 26.311, 26.318, 27.306, 27.311, 90.131, 90.161(b), 90.163, 95.71(a)-(f), 95.815, 101.35, 101.39 1.935 Agreements to dismiss applications, amendments or pleadings 22.129 1.937 Repetitious or conflicting applications 1.916, 22.121, 24.421, 24.821, 26.312, 27.312, 101.25, 101.27 1.939 Petitions to deny 1.962, 22.127, 24.427, 24.827, 26.317, 26.320, 27.207, 90.160, 90.166, 101.37, 101.43 1.945 License grants 1.971, 1.973, 22.129, 24.429, 24.829, 90.162, 101.41 1.946 Construction and coverage requirements 22.142, 24.443, 26.325 1.947 Modification of licenses 101.57, 101.59, 101.61 1.948 Assignment of authorization or transfer of control, notification of consummation 1.924, 22.137, 22.944, 24.439, 24.839, 26.319, 26.324, 27.306, 90.153, 95.821, 101.53 1.949 Application for renewal of license 1.926, 22.145, 24.411(b), 95.71(a)-(f), 95.89, 95.815, 95.817, 101.13, 101.15, 101.705(a) 1.955 Termination of authorization 1.955, 22.144, 24.444, 24.844, 26.326 1.956 Settlement conference 1.951, 22.135 1.957 Procedure with respect to amateur radio operator license 1.934 1.981 Reports, annual and semi-annual (change to reflect electronic filing) 1.981 APPENDIX P Initial Regulatory Flexibility Analysis Notice of Proposed Rulemaking As required by the Regulatory Flexibility Act (RFA), the Commission has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the expected impact on small entities of the rules proposed in the Notice of Proposed Rulemaking (NPRM) in WT Docket No. 98-XX. Written public comments are requested on the IRFA. Comments on the IRFA must have a separate and distinct heading designating them as responses to the IRFA and must be filed by the deadlines for comments on the NPRM. The Commission will send a copy of the NPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration. In addition, the NPRM and IRFA (or summaries thereof) will be published in the Federal Register. A. Need for, and objectives of, the proposed rules In this NPRM, the Commission proposes to revise and consolidate the rules governing application procedures for radio services licensed by the Wireless Telecommunications Bureau ("wireless radio services"). Specifically, the Commission proposes to modify and consolidate the rules to: (1) facilitate the development of electronic filing through the universal licensing system (ULS); (2) require, where appropriate, electronic filing of applications; (3) streamline licensing processes and procedures; and (4) conform application and filing rules for all wireless radio services licensees so that similarly situated applicants and licensees are treated fairly. B. Legal basis The proposed action is authorized under sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 161, 303(g), 303(r), and 332(c)(7). C. Description and estimate of the number of small entities to which rules will apply The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by our rules. The RFA generally defines the term "small entity" as having the same meaning as the terms "small business," "small organization," and "small governmental jurisdiction." A small organization is generally "any not-for-profit enterprise which is independently owned and operated and is not dominant in its field." Nationwide, there are 275,801 small organizations. "Small governmental jurisdiction" generally means "governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than 50,000." As of 1992, there were 85,006 such jurisdictions in the United States. In addition, the term "small business" has the same meaning as the term "small business concern" under Section 3 of the Small Business Act. Under the Small Business Act, a "small business concern" is one which: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) meets any additional criteria established by the Small Business Administration (SBA). The rule changes proposed in the NPRM, if adopted, will affect all small businesses filing new license applications or modifying or renewing an existing license. To assist the Commission in analyzing the total number of affected small entities, commenters are requested to provide estimates of the number of small entities who will be affected by the rules proposed in this NPRM. The Commission estimates the following number of small entities may be affected by the proposed rule changes: 1. Cellular Radiotelephone Service The Commission has not developed a definition of small entities applicable to cellular licensees. Therefore, the applicable definition of small entity is the definition under the SBA rules applicable to radiotelephone companies. This definition provides that a small entity is a radiotelephone company employing no more than 1,500 persons. The size data provided by the SBA does not enable us to make a meaningful estimate of the number of cellular providers which are small entities because it combines all radiotelephone companies with 1000 or more employees. The 1992 Census of Transportation, Communications, and Utilities, conducted by the Bureau of the Census, is the most recent information available. This document shows that only twelve radiotelephone firms out of a total of 1,178 such firms which operated during 1992 had 1,000 or more employees. Therefore, even if all twelve of these firms were cellular telephone companies, nearly all cellular carriers were small businesses under the SBA's definition. The Commission assumes, for purposes this IRFA, that all of the current cellular licensees are small entities, as that term is defined by the SBA. In addition, the Commission notes that there are 1,758 cellular licenses; however, a cellular licensee may own several licenses. The most reliable source of information regarding the number of cellular service providers nationwide appears to be data the Commission publishes annually in its Telecommunications Industry Revenue report, regarding the Telecommunications Relay Service (TRS). The report places cellular licensees and Personal Communications Service (PCS) licensees in one group. According to the data released in November, 1997, there are 804 companies reporting that they engage in cellular or PCS service. It seems certain that some of these carriers are not independently owned and operated, or have more than 1,500 employees; however, the Commission is unable at this time to estimate with greater precision the number of cellular service carriers qualifying as small business concerns under the SBA's definition. For purposes of this IRFA, the Commission estimates that there are fewer than 804 small cellular service carriers. 2. Broadband and narrowband PCS Broadband PCS. The broadband PCS spectrum is divided into six frequency blocks designated A through F. The Commission has defined "small entity" in the auctions for Blocks C and F as a firm that had average gross revenues of less than $40 million in the three previous calendar years. This definition of "small entity" in the context of broadband PCS auctions has been approved by the SBA. The Commission has auctioned broadband PCS licenses in blocks A through F. Of the qualified bidders in the C and F block auctions, all were entrepreneurs. Entrepreneurs was defined for these auctions as entities, together with affiliates, having gross revenues of less than $125 million and total assets of less than $500 million at the time the FCC Form 175 application was filed. Ninety bidders, including C block reauction winners, won 493 C block licenses and 88 bidders won 491 F block licenses. For purposes of this IRFA, the Commission assumes that all of the 90 C block broadband PCS licensees and 88 F block broadband PCS licensees, a total of 178 licensees, are small entities. Narrowband PCS. The Commission has auctioned nationwide and regional licenses for narrowband PCS. There are 11 nationwide and 30 regional licensees for narrowband PCS. The Commission does not have sufficient information to determine whether any of these licensees are small businesses within the SBA-approved definition for radiotelephone companies. At present, there have been no auctions held for the major trading area (MTA) and basic trading area (BTA) narrowband PCS licenses. The Commission anticipates a total of 561 MTA licenses and 2,958 BTA licenses will be awarded in the auctions. Given that nearly all radiotelephone companies have no more than 1,500 employees, and that no reliable estimate of the number of prospective MTA and BTA narrowband licensees can be made, the Commission assumes, for purposes of this IRFA, that all of the licenses will be awarded to small entities, as that term is defined by the SBA. 3. 220 MHz radio services Since the Commission has not yet defined a small business with respect to 220 MHz radio services, it will utilize the SBA definition applicable to radiotelephone companies, i.e., an entity employing no more than 1,500 persons. With respect to the 220 MHz services, the Commission has proposed a two-tiered definition of small business for purposes of auctions: (1) for Economic Area (EA) licensees, a firm with average annual gross revenues of not more than $6 million for the preceding three years; and (2) for regional and nationwide licensees, a firm with average annual gross revenues of not more than $15 million for the preceding three years. Given that nearly all radiotelephone companies employ no more than 1,500 employees, for purposes of this IRFA the Commission will consider the approximately 3,800 incumbent licensees as small businesses under the SBA definition. 4. Paging The Commission has proposed a two-tier definition of small businesses in the context of auctioning geographic area paging licenses in the Common Carrier Paging and exclusive Private Carrier Paging services. Under the proposal, a small business will be defined as either (1) an entity that, together with its affiliates and controlling principals, has average gross revenues for the three preceding years of not more than $3 million; or (2) an entity that, together with affiliates and controlling principals, has average gross revenues for the three preceding calendar years of not more than $15 million. Since the SBA has not yet approved this definition for paging services, the Commission will utilize the SBA definition applicable to radiotelephone companies, i.e., an entity employing no more than 1,500 persons. At present, there are approximately 24,000 Private Paging licenses and 74,000 Common Carrier Paging licenses. According to Telecommunications Industry Revenue data, there were 172 "paging and other mobile" carriers reporting that they engage in these services. Consequently, the Commission estimates that there are fewer than 172 small paging carriers. The Commission estimates that the majority of private and common carrier paging providers would qualify as small entities under the SBA definition. 5. Air-Ground radiotelephone service The Commission has not adopted a definition of small business specific to the Air-Ground radiotelephone service. Accordingly, the Commission will use the SBA definition applicable to radiotelephone companies, i.e., an entity employing no more than 1,500 persons. There are approximately 100 licensees in the Air-Ground radiotelephone service, and the Commission estimates that almost all of them qualify as small entities under the SBA definition. 6. Specialized Mobile Radio (SMR) The Commission awards bidding credits in auctions for geographic area 800 MHz and 900 MHz SMR licenses to firms that had revenues of no more than $15 million in each of the three previous calendar years. This regulation defining "small entity" in the context of 900 MHz SMR has been approved by the SBA. The Commission does not know how many firms provide 800 MHz or 900 MHz geographic area SMR service pursuant to extended implementation authorizations, nor how many of these providers have annual revenues of no more than $15 million. One firm has over $15 million in revenues. The Commission assumes for purposes of this IRFA that all of the remaining existing extended implementation authorizations are held by small entities, as that term is defined by the SBA. The Commission has held auctions for geographic area licenses in the 900 MHz SMR band, and recently completed an auction for geographic area 800 MHz SMR licenses. There were 60 winning bidders who qualified as small entities in the 900 MHz auction. In the recently concluded 800 MHz SMR auction there were 524 licenses won by winning bidders, of which 38 licenses were won by small or very small entities. 7. Private Land Mobile Radio Services (PLMR) PLMR systems serve an essential role in a range of industrial, business, land transportation, and public safety activities. The Commission has not developed a definition of small entities specifically applicable to PLMR licensees due to the vast array of PLMR users. For the purpose of determining whether a licensee is a small business as defined by the SBA, each licensee would need to be evaluated within its own business area. The Commission is unable at this time to estimate the number of small businesses which could be impacted by the rules. The Commission's 1994 Annual Report on PLMRs indicates that at the end of fiscal year 1994 there were 1,087,267 licensees operating 12,481,989 transmitters in the PLMR bands below 512 MHz. Any entity engaged in a commercial activity is eligible to hold a PLMR license, therefore these proposed rules could potentially impact every small business in the United States. 8. Aviation and Marine radio service Small entities in the aviation and marine radio services use a marine very high frequency (VHF) radio, any type of emergency position indicating radio beacon (EPIRB) and/or radar, a VHF aircraft radio, and/or any type of emergency locator transmitter (ELT). The Commission has not developed a definition of small entities specifically applicable to these small businesses. Therefore, the applicable definition of small entity is the definition under the SBA rules. Most applicants for individual recreational licenses are individuals. Approximately 581,000 ship station licensees and 131,000 aircraft station licensees operate domestically and are not subject to the radio carriage requirements of any statute or treaty. Therefore, for purposes of the evaluations and conclusions in this IRFA, the Commission estimates that there may be at least 712,000 potential licensees which are individuals or are small entities, as that term is defined by the SBA. 9. Offshore radiotelephone service This service operates on several ultra high frequency (UHF) TV broadcast channels that are not used for TV broadcasting in the coastal area of the states bordering the Gulf of Mexico. At present, there are approximately 55 licensees in this service. The Commission is unable at this time to estimate the number of licensees that would qualify as small entities under the SBA definition for radiotelephone communications. The Commission assumes, for purposes of this IRFA, that all of the 55 licensees are small entities, as that term is defined by the SBA. 10. General Wireless Communication Service This service was created by the Commission on July 31, 1995 by transferring 25 MHz of spectrum in the 4660-4685 MHz band from the federal government to private sector use. The Commission has scheduled the GWCS auction for May 27, 1998. The Commission is unable at this time to estimate the number of licensees that would qualify as small entities under the SBA definition for radiotelephone communications. 11. Fixed Microwave services Microwave services includes common carrier fixed, private operational fixed, and broadcast auxiliary radio services. At present, there are 22,015 common carrier fixed licensees and approximately 61,670 private operational fixed licensees and broadcast auxiliary radio licensees in the microwave services. The Commission has not yet defined a small business with respect to microwave services. For purposes of this IRFA, the Commission will utilize the SBA definition applicable to radiotelephone companies, i.e., an entity with less than 1,500 persons. The Commission estimates that for purposes of this IRFA all of the Fixed Microwave licensees (excluding broadcast auxiliary radio licensees) would qualify as small entities under the SBA definition for radiotelephone communications. 12. Commercial Radio Operators (restricted and commercial) There are several types of commercial radio operator licenses. Individual licensees are tested by Commercial Operator License Examination managers (COLEMs). COLEMs file the applications on behalf of the licensee. The Commission has not developed a definition for a small business or small organization that is applicable for COLEMs. The RFA defines the term "small organization" as meaning "any not-for-profit enterprise which is independently owned and operated and is not dominant in its field..." The Commission's rules do not specify the nature of the entity that may act as a COLEM. However, all of the COLEM organizations would appear to meet the RFA definition for small organizations. 13. Amateur Radio services Amateur Radio service licensees are coordinated by Volunteer Examiner Coordinators (VECs). The Commission has not developed a definition for a small business or small organization that is applicable for VECs. The RFA defines the term "small organization" as meaning "any not-for- profit enterprise which is independently owned and operated and is not dominant in its field..." The Commission's rules do not specify the nature of the entity that may act as a VEC. All of the sixteen VEC organizations would appear to meet the RFA definition for small organizations. 14. Personal Radio services Personal radio services provide short-range, low power radio for personal communications, radio signaling, and business communications not provided for in other services. These services include citizen band (CB) radio service, general mobile radio service (GMRS), radio control radio service, and family radio service (FRS). Inasmuch as the CB, GMRS, and FRS licensees are individuals, no small business definition applies for these services. The Commission is unable at this time to estimate the number of licensees that would qualify as small entities under the SBA definition. 15. Public Safety radio services and governmental entities Public Safety radio services include police, fire, local governments, forestry conservation, highway maintenance, and emergency medical services. There are a total of approximately 127,540 licensees within these services. Governmental entities as well as private businesses comprise the licensees for these services. All governmental entities with populations of less than 50,000 fall within the definition of a small business. There are approximately 37,566 governmental entities with populations of less than 50,000. The RFA also includes small governmental entities as a part of the regulatory flexibility analysis. The definition of a small governmental entity is one with a population of less than 50,000. There are 85,006 governmental entities in the nation. This number includes such entities as states, counties, cities, utility districts, and school districts. There are no figures available on what portion of this number has populations of fewer than 50,000; however, this number includes 38,978 counties, cities, and towns and of those, 37,566 or 96 percent, have populations of fewer than 50,000. The Census Bureau estimates that this ratio is approximately accurate for all governmental entities. Thus, of the 85,006 governmental entities, the Commission estimates that 96 percent or 81,600 are small entities that may be affected by our rules. 16. Rural Radiotelephone Service The Commission has not adopted a definition of small entity specific to the Rural Radiotelephone Service. A significant subset of the Rural Radiotelephone Service is the Basic Exchange Telephone Radio Systems (BETRS). The Commission will use the SBA definition applicable to radiotelephone companies; i.e., an entity employing no more than 1,500 persons. There are approximately 1,000 licensees in the Rural Radiotelephone Service, and the Commission estimates that almost all of them qualify as small entities under the SBA definition. 17. Marine Coast Service The Commission has not adopted a definition of small business specific to the Marine Coast Service. The Commission will use the SBA definition applicable to radiotelephone companies; i.e., an entity employing no more than 1,500 persons. There are approximately 10,500 licensees in the Marine Coast Service, and the Commission estimates that almost all of them qualify as small under the SBA definition. 18. Wireless Communications Services (WCS) WCS is a wireless service, which can be used for fixed, mobile, radiolocation, and digital audio broadcasting satellite uses. The Commission defined "small business" for the WCS auction as an entity with average gross revenues of $40 million for each of the three preceding years. The Commission auctioned geographic area licenses in the WCS service. There were seven winning bidders who qualified as very small business entities and one small business entity in the WCS auction. Based on this information, the Commission concludes that the number of geographic area WCS licensees affected include these eight entities. In addition to the above estimates, new applicants in the wireless radio services will be affected by these rules, if adopted. To assist the Commission in analyzing the total number of affected small entities, commenters are requested to provide information regarding how many small business entities will be affected by the proposed rules. Comments relating to the number of small business entities affected are due by the deadlines contained in the NPRM. D. Description of reporting, record keeping and other compliance requirements: All wireless radio services will be subject to processing through the ULS if the proposed rules are adopted. Under the proposed rules, all new wireless radio services license applications will be processed through ULS using one or more of the new forms. See Appendix A to the NPRM. In addition, any modification to an existing license will also use the new forms and will be entered and processed in the ULS. Other notifications that are required by the proposed rules, as outlined earlier in the NPRM, will also be filed with the new standard forms and processed through ULS. As noted, we expect that once the ULS is implemented the overall compliance burdens associated with these forms will be reduced. Under the proposed rules, each applicant or licensee must submit the appropriate application form depending on the purpose of the application. In addition, some licensees may be required to submit or confirm ownership information on an annual basis. The NPRM seeks comment on whether manual filing will be permitted. Electronic filing through the ULS should be easier for applicants than the current system. The ULS will prompt the applicant for the necessary information and will provide interactive error messages if information is not filed correctly. The system will allow the applicant to correct their applications prior to submitting them, saving time and processing steps for the FCC and the applicants. The Commission notes that electronic filing will require a modem equipped computer to file interactively through the FCC private wide area network, which may be burdensome for some filers. The ULS was designed to identify each individual licensee by their taxpayer identification number (TIN) assigned to the entity or individual (social security number will be used in the case of an individual filing for a license). The TIN is required by licensees pursuant to the Debt Collection Act of 1995. All existing licensees will be required to identify all of their call signs and their TIN. The system will assign a unique sequential identification number to each entity or individual. This number will be used instead of the TIN for public queries to the ULS database. Uniquely identifying entities and associating their license records to the entity will eliminate the data collection requirement for modifications and new license applications that are filed electronically through the ULS. E. Steps taken to minimize the significant economic impact on small entities, and significant alternatives considered: 1. Electronic Filing and Consolidated Application Forms. In services that do not require extensive technical data, such as Amateur, Maritime, Aviation, Commercial Operators, and GMRS, the Commission proposed implementing a quick form to minimize the economic impact on small entities in these services. In addition, the forms have been developed to ensure that applicants are not required to duplicate information that has been already filed with the Commission. The Commission has also proposed to modify the current copy and microfiche requirements for electronically filed applications. 2. Auction Long-Form Application Submissions. The Commission proposes to modify the current process to allow winning bidders to file a single long-form application to cover all markets. Elimination of separate filing requirements will lift the administrative burden to small businesses of having to file separate long-form applications for each license won in the auction. 3. Filings of Pleadings. The Commission proposes permitting, but not requiring, pleadings to be filed electronically. Manually filed pleadings will be scanned so that all pleadings will be easily accessible to the public. Electronic filing through the ULS should be easier for applicants than the current system because the ULS will prompt the applicant for the necessary information and will provide interactive error messages if information is not filed correctly. ULS will allow the applicant to correct their applications prior to submitting them. This system will allow all interested parties, including small entities, easy access to pleadings that are filed in connection with applications and licenses. 4. Standardization of Major and Minor Filing Rules. The Commission proposes to consolidate major and minor filing standards to both amendments of pending applications and to modifications of existing licenses. The current fragmented system is confusing for applicants and licensees, including small entities, because they are required to keep track of different procedures for different radio services. Licensees, especially small entities, will find it easier and more convenient to have all standards in one place in the rules. 5. Filing of Multiple Modifications. The Commission proposes to adopt a unified approach to the filing of multiple modification applications: if a modification application is pending regarding a given station parameter, and the licensee decides to elaborate upon or change that request with an additional request to modify the same or a related parameter, the document filed to effect that change will be automatically deemed an amendment to the modification, rather than a separate modification application. This will prevent applicants from filing conflicting modification requests and will prevent the Commission from erroneously granting or dismissing modification applications because they were processed out of sequence. 6. Construction Notification Requirements. The Commission is proposing to notify licensees through the ULS by mailing a reminder letter before the construction or coverage deadline. Notifications of construction or coverage would be accepted either electronically or manually. If a licensee fails to file the required notification of completion of construction or satisfaction of the coverage or substantial service requirements, the ULS would send a letter terminating the authorization. The Commission seeks comment on whether to exempt public safety entities from this procedure. 7. Annual Ownership Requirements. The Commission proposes to require submission of annual ownership information. Private mobile radio services (PMRS) licensees, while subject to some alien ownership restrictions, i.e., they may not be granted to or held by a foreign government or a representative of a foreign government, are not subject to most of the other restrictions placed on commercial mobile radio services (CMRS) licensees. Accordingly, PMRS licensees and private fixed microwave licensees have not previously been required to submit detailed ownership information. Here we have retained this practice of requiring a less extensive showing for PMRS. The Commission proposes that PMRS licensees be required merely to certify their status with respect to foreign government ownership or ownership by a representative of a foreign government each time they submit a Form 601. F. Federal rules which overlap, duplicate, or conflict with these proposed rules: None.