Goto Section: 0.405 | 0.408 | Table of Contents
FCC 0.406
Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 0.406 The rules and regulations.
Persons having business with the Commission should familiarize themselves
with those portions of its rules and regulations pertinent to such business.
All of the rules have been published and are readily available. See
Sec. Sec. 0.411(b), 0.412, and 0.415. For the benefit of those who are not familiar
with the rules, there is set forth in this section a brief description of
their format and contents.
(a) Format. The rules are set forth in the Code of Federal Regulations as
chapter I of title 47. Chapter I is divided into parts numbered from 0–99.
Each part, in turn, is divided into numbered sections. To allow for the
addition of new parts and sections in logical sequence, without extensive
renumbering, parts and sections are not always numbered consecutively. Thus,
for example, part 2 is followed by part 5, and Sec. 1.8 is followed by Sec. 1.10; in
this case, parts 3 and 4 and Sec. 1.9 have been reserved for future use. In
numbering sections, the number before the period is the part number; and the
number after the period locates the section within that part. Thus, for
example, Sec. 1.1 is the first section of part 1 and Sec. 5.1 is the first section
in part 5. Except in the case of accounting regulations (parts 31–35), the
period should not be read as a decimal point; thus, Sec. 1.511 is not located
between Sec. Sec. 1.51 and 1.52 but at a much later point in the rules. In citing
the Code of Federal Regulations, the citation, 47 CFR 5.1, for example, is
to Sec. 5.1 (in part 5) of chapter I of title 47 of the Code, and permits the
exact location of that rule. No citation to other rule units (e.g., subpart
or chapter) is needed.
(b) Contents. Parts 0–19 of the rules have been reserved for provisions of a
general nature. Parts 20–69 of this chapter have been reserved for
provisions pertaining to common carriers. Parts 20–29 and 80–109 of this
chapter have been reserved for provisions pertaining to the wireless
telecommunications services. In the rules pertaining to common carriers,
parts 20–25 and 80–99 of this chapter pertain to the use of radio; In the
rules pertaining to common carriers, parts 21, 23, and 25 of this chapter
pertain to the use of radio; parts 31–66 of this chapter pertain primarily
to telephone and telegraph companies. Persons having business with the
Commission will find it useful to consult one or more of the following parts
containing provisions of a general nature in addition to the rules of the
radio or wire communication service in which they are interested:
(1) Part 0, Commission organization. Part 0 describes the structure and
functions of the Commission, lists delegations of authority to the staff,
and sets forth information designed to assist those desiring to obtain
information from, or to do business with, the Commission. This part is
designed, among other things, to meet certain of the requirements of the
Administrative Procedure Act, as amended.
(2) Part 1 of this chapter, practice and procedure. Part 1, subpart A, of
this chapter contains the general rules of practice and procedure. Except as
expressly provided to the contrary, these rules are applicable in all
Commission proceedings and should be of interest to all persons having
business with the Commission. Part 1, subpart A of this chapter also
contains certain other miscellaneous provisions. Part 1, subpart B, of this
chapter contains the procedures applicable in formal hearing proceedings
(see Sec. 1.201 of this chapter). Part 1, subpart C, of this chapter contains
the procedures followed in making or revising the rule or regulations. Part
1, subpart D, of this chapter contains rules applicable to applications for
licenses in the Broadcast Radio Services, including the forms to be used,
the filing requirements, the procedures for processing and acting upon such
applications, and certain other matters. Part 1, subpart F, of this chapter
contain rules applicable to applications for licenses in the Wireless
Telecommunications Bureau services, including the forms to be used, the
filing requirements, the procedures for processing and acting on such
applications, and certain other matters. Additional procedures applicable to
certain common carriers by radio are set forth in part 21 of this chapter.
Part 1, subpart F, of this chapter contains rules applicable to applications
for licenses in the Private Radio Services, including the forms to be used,
the filing requirements, the procedures for processing and acting on such
applications, and certain other matters. Part 1, subpart G, of this chapter
contains rules pertaining to the application processing fees established by
the Consolidated Omnibus Budget Reconciliation Act of 1985 (Pub. L. 99–272,
100 Stat. 82 (1986)) and also contains rules pertaining to the regulatory
fees established by the Omnibus Budget Reconciliation Act of 1993 (Pub. L.
103–66, 107 Stat. 397 (1993)). Part 1, subpart H, of this chapter,
concerning ex parte presentations, sets forth standards governing
communications with commission personnel in hearing proceedings and
contested application proceedings. Part 1, subparts G and H, of this chapter
will be of interest to all regulatees, and part 1, subpart H, of this
chapter will, in addition, be of interest to all persons involved in hearing
proceedings.
(3) Part 2, frequency allocations and radio treaty matters; general rules
and regulations. Part 2 will be of interest to all persons interested in the
use of radio. It contains definitions of technical terms used in the rules
and regulations; provisions governing the allocation of radio frequencies
among the numerous uses made of radio (e.g., broadcasting, land mobile) and
radio services (e.g., television, public safety), including the Table of
Frequency Allocations ( Sec. 2.106); technical provisions dealing with emissions;
provisions dealing with call signs and emergency communications; provisions
governing authorization of radio equipment; and a list of treaties and other
international agreements pertaining to the use of radio.
(4) Part 5, experimental radio services (other than broadcast). Part 5 deals
with the temporary use of radio frequencies for research in the radio art,
for communication involving other research projects, and for the development
of equipment, data, or techniques.
(5) Part 13, commercial radio operators. Part 13 describes the procedures to
be followed in applying for a commercial operator license, including the
forms to be used and the examinations given, and sets forth rules governing
licensed operators. It will be of interest to applicants for such licenses,
licensed operators, and the licensees of radio stations which may be
operated only by persons holding a commercial radio operator license.
(6) Part 15, radio frequency devices. Part 15 contains regulations designed
to prevent harmful interference to radio communication from radio receivers
and other devices which radiate radio frequency energy, and provides for the
certification of radio receivers. It also provides for the certification of
low power transmitters and for the operation of certificated transmitters
without a license.
(7) Part 17, construction, marking, and lighting of antenna structures. Part
17 contains criteria for determining whether applications for radio towers
require notification of proposed construction to the Federal Aviation
Administration, and specifications for obstruction marking and lighting of
antenna structures.
(8) Part 18, industrial, scientific and medical equipment. Part 18 contains
regulations designed to prevent harmful interference to radio communication
from ultrasonic equipment, industrial heating equipment, medical diathermy
equipment, radio frequency stabilized arc welders, and other equipment which
uses radio energy for purposes other than communication.
(9) Part 19, employee responsibilities and conduct. Part 19 prescribes
standards of conduct for the members and staff of the Commission.
[ 32 FR 10571 , July 19, 1967, as amended at 32 FR 12180 , Aug. 24, 1967; 37 FR 20553 , Sept. 30, 1972; 52 FR 5288 , Feb. 20, 1987; 58 FR 13021 , Mar. 9, 1993;
59 FR 30998 , June 16, 1994; 60 FR 35507 , July 10, 1995; 63 FR 36596 , July 7,
1998]
Goto Section: 0.405 | 0.408
Goto Year: 2005 |
2007
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