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 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 1 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 1 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 1 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 1 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 (20% 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 1 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.