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will not be eligible to apply for the licenses that they surrendered to the Commission until 2 years from the start of the reauction of those licenses if they elected to apply a credit of 70 of the down payment they made on those licenses toward the prepayment of licenses they did not surrender b Exceptions to general rule 1 Scope The following provisions apply to licenses acquired in Auctions No 5 10 11 or 22 or pursuant to 24 839 a 2 or a 3 prior to October 30 2000 i Small business consortia Where an applicant or licensee is a consortium of small businesses the gross revenues and total assets of each small business shall not be aggregated ii Publicly traded corporations Where an applicant or licensee is a publicly traded corporation with widely dispersed voting power the gross revenues and total assets of a person or entity that holds an interest in the applicant or licensee and its affiliates shall not be considered iii 25 Percent equity exception The gross revenues and total assets of a person or entity that holds an interest in the applicant or licensee and its affiliates shall not be considered so long as A Such person or entity together with its affiliates holds only nonattributable equity equaling no more than 25 percent of the applicant s or licensee s total equity B Except as provided in paragraph b 1 v of this section such person or entity is not a member of the applicant s or licensee s control group and 47 CFR 24 709 b 1 iii B enhanced display page 38 of 52 47 CFR Part 24 up to date as of 2 20 2024 47 CFR 24 709 b 1 iii C Personal Communications Services C The applicant or | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
licensee has a control group that complies with the minimum equity requirements of paragraph b 1 v of this section and if the applicant or licensee is a corporation owns at least 50 1 percent of the applicant s or licensee s voting interests and if the applicant or licensee is a partnership holds all of its general partnership interests iv 49 9 Percent equity exception The gross revenues and total assets of a person or entity that holds an interest in the applicant or licensee and its affiliates shall not be considered so long as A Such person or entity together with its affiliates holds only nonattributable equity equaling no more than 49 9 percent of the applicant s or licensee s total equity B Except as provided in paragraph b 1 vi of this section such person or entity is not a member of the applicant s or licensee s control group and C The applicant or licensee has a control group that complies with the minimum equity requirements of paragraph b 1 vi of this section and if the applicant or licensee is a corporation owns at least 50 1 percent of the applicant s or licensee s voting interests and if the applicant or licensee is a partnership holds all of its general partnership interests v Control group minimum 25 percent equity requirement In order to be eligible to exclude gross revenues and total assets of persons or entities identified in paragraph b 1 iii of this section and applicant or licensee must comply with the following requirements A Except for an applicant or licensee whose sole control group member is a preexisting entity as provided in paragraph b 1 v B of this section at the time the applicant s short form application Form 175 | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
is filed and until at least three years following the date of initial license grant the applicant s or licensee s control group must own at least 25 percent of the applicant s or licensee s total equity as follows 1 At least 15 percent of the applicant s or licensee s total equity must be held by qualifying investors either unconditionally or in the form of options exercisable at the option of the holder at any time and at any exercise price equal to or less than the market value at the time the applicant files its short form application Form 175 2 Such qualifying investors must hold 50 1 percent of the voting stock and all general partnership interests within the control group and must have de facto control of the control group and of the applicant 3 The remaining 10 percent of the applicant s or licensee s total equity may be owned either unconditionally or in the form of stock options by any of the following entities which may not comply with 24 720 g 1 i Institutional Investors ii Noncontrolling existing investors in any preexisting entity that is a member of the control group iii Individuals that are members of the applicant s or licensee s management or iv Qualifying investors as specified in 24 720 g 3 47 CFR 24 709 b 1 v A 3 iv enhanced display page 39 of 52 47 CFR Part 24 up to date as of 2 20 2024 47 CFR 24 709 b 1 v A 4 Personal Communications Services 4 Following termination of the three year period specified in paragraph b 1 v A of this section qualifying investors must continue to own at least 10 percent of the applicant s or licensee s total equity | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
unconditionally or in the form of stock options subject to the restrictions in paragraph b 1 v A 1 of this section The restrictions specified in paragraphs b 1 v A 3 i through b 1 v A 3 iv of this section no longer apply to the remaining equity after termination of such three year period B At the election of an applicant or licensee whose control group s sole member is a preexisting entity the 25 percent minimum equity requirements set forth in paragraph b 1 v A of this section shall apply except that only 10 percent of the applicant s or licensee s total equity must be held in qualifying investors and that the remaining 15 percent of the applicant s or licensee s total equity may be held by qualifying investors or noncontrolling existing investors in such control group member or individuals that are members of the applicant s or licensee s management These restrictions on the identity of the holder s of the remaining 15 percent of the licensee s total equity no longer apply after termination of the three year period specified in paragraph b 1 v A of this section vi Control group minimum 50 1 percent equity requirement In order to be eligible to exclude gross revenues and total assets of persons or entities identified in paragraph b 1 iv of this section an applicant or licensee must comply with the following requirements A Except for an applicant or licenses whose sole control group member is a preexisting entity as provided in paragraph b 1 vi B of this section at the time the applicant s short form application Form 175 is filed and until at least three years following the date of initial license grant the applicant s or licensee | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
s control group must own at least 50 1 percent of the applicant s or licensee s total equity as follows 1 At least 30 percent of the applicant s or licensee s total equity must be held by qualifying investors either unconditionally or in the form of options exercisable at the option of the holder at any time and at any exercise price equal to or less than the market value at the time the applicant files its short form application Form 175 2 Such qualifying investors must hold 50 1 percent of the voting stock and all general partnership interests within the control group and must have de facto control of the control group and of the applicant 3 The remaining 20 1 percent of the applicant s or licensee s total equity may be owned by qualifying investors either unconditionally or in the form of stock options not subject to the restrictions of paragraph b 1 vi A 1 of this section or by any of the following entities which may not comply with 24 720 g 1 i Institutional investors either unconditionally or in the form of stock options ii Noncontrolling existing investors in any preexisting entity that is a member of the control group either unconditionally or in the form of stock options iii Individuals that are members of the applicant s or licensee s management either unconditionally or in the form of stock options or iv Qualifying investors as specified in 24 720 g 3 47 CFR 24 709 b 1 vi A 3 iv enhanced display page 40 of 52 47 CFR Part 24 up to date as of 2 20 2024 47 CFR 24 709 b 1 vi A 4 Personal Communications Services 4 Following termination of the three year period specified | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
in paragraph b 1 vi A of this section qualifying investors must continue to own at least 20 percent of the applicant s or licensee s total equity unconditionally or in the form of stock options subject to the restrictions in paragraph b 1 vi A 1 of this section The restrictions specified in paragraph b 1 vi A 3 i through b 1 vi A 3 iv of this section no longer apply to the remaining equity after termination of such three year period B At the election of an applicant or licensee whose control group s sole member is a preexisting entity the 50 1 percent minimum equity requirements set forth in paragraph b 1 vi A of this section shall apply except that only 20 percent of the applicant s or licensee s total equity must be held by qualifying investors and that the remaining 30 1 percent of the applicant s or licensee s total equity may be held by qualifying investors or noncontrolling existing investors in such control group member or individuals that are members of the applicant s or licensee s management These restrictions on the identity of the holder s of the remaining 30 1 percent of the licensee s total equity no longer apply after termination of the three year period specified in paragraph b 1 vi A of this section vii Calculation of certain interests Except as provided in paragraphs b 1 v and b 1 vi of this section ownership interests shall be calculated on a fully diluted basis all agreements such as warrants stock options and convertible debentures will generally be treated as if the rights thereunder already have been fully exercised except that such agreements may not be used to appear to terminate or divest ownership interests before | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
they actually do so in order to comply with the nonattributable equity requirements in paragraphs b 1 iii A and b 1 iv A of this section viii Aggregation of affiliate interests Persons or entities that hold interest in an applicant or licensee that are affiliates of each other or have an identify of interests identified in 1 2110 c 5 iii will be treated as though they were one person or entity and their ownership interests aggregated for purposes of determining an applicant s or licensee s compliance with the nonattributable equity requirements in paragraphs b 1 iii A and b 1 iv A of this section Example 1 for paragraph b 1 viii ABC Corp is owned by individuals A B and C each having an equal one third voting interest in ABC Corp A and B together with two thirds of the stock have the power to control ABC Corp and have an identity of interest If A B invest in DE Corp a broadband PCS applicant for block C A and B s separate interests in DE Corp must be aggregated because A and B are to be treated as one person Example 2 for paragraph b 1 viii ABC Corp has subsidiary BC Corp of which it holds a controlling 51 percent of the stock If ABC Corp and BC Corp both invest in DE Corp their separate interests in DE Corp must be aggregated because ABC Corp and BC Corp are affiliates of each other 47 CFR 24 709 b 1 viii enhanced display page 41 of 52 47 CFR Part 24 up to date as of 2 20 2024 47 CFR 24 709 b 2 Personal Communications Services 2 The following provisions apply to licenses acquired pursuant to 24 839 a 2 or | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
a 3 on or after October 30 2000 In addition to the eligibility requirements set forth at 24 709 a and b applicants and or licensees seeking to acquire C and or F block licenses pursuant to 24 839 a 2 or a 3 will be subject to the controlling interest standard in 1 2110 c 2 of this chapter for purposes of determining unjust enrichment payment obligations See 1 2111 of this chapter c Short form and long form applications Certifications and disclosure 1 Short form application In addition to certifications and disclosures required by part 1 subpart Q of this chapter each applicant to participate in closed bidding for frequency block C or frequency block F shall certify on its short form application Form 175 that it is eligible to bid on and obtain such license s and if applicable that it is eligible for designated entity status pursuant to this section and 24 720 and shall append the following information as an exhibit to its Form 175 i For all applicants The applicant s gross revenues and total assets computed in accordance with paragraphs a of this section and 1 2110 b 1 through b 2 of this chapter ii For all applicants that participated in Auction Nos 5 10 11 and or 22 A The identity of each member of the applicant s control group regardless of the size of each member s total interest in the applicant and the percentage and type of interest held B The status of each control group member that is an institutional investor an existing investor and or a member of the applicant s management C The identity of each affiliate of the applicant and each affiliate of individuals or entities identified pursuant to paragraphs C 1 ii A and | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
c 1 ii B of this section D A certification that the applicant s sole control group member is a preexisting entity if the applicant makes the election in either paragraph b 1 v B or b 1 vi B of this section and E For an applicant that is a publicly traded corporation with widely disbursed voting power 1 A certified statement that such applicant complies with the requirements of the definition of publicly traded corporation with widely disbursed voting power set forth in 24 720 f 2 The identity of each affiliate of the applicant iii For each applicant claiming status as a small business consortium the information specified in paragraph c 1 ii of this section for each member of such consortium 2 Long form application In addition to the requirements in subpart I of this part and other applicable rules e g 20 6 e and 20 9 b of this chapter each applicant submitting a long form application for a license s for frequency block C or F shall in an exhibit to its long form application i Disclose separately and in the aggregate the gross revenues and total assets computed in accordance with paragraphs a and b of this section for each of the following The applicant the applicant s affiliates the applicant s control group members the applicant s attributable investors and affiliates of its attributable investors ii List and summarize all agreements or other instruments with appropriate references to specific provisions in the text of such agreements and instruments that support the applicant s eligibility for a license s for frequency block C or frequency block F and its eligibility under 47 CFR 24 709 c 2 ii enhanced display page 42 of 52 47 CFR Part 24 up to date as | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
of 2 20 2024 47 CFR 24 709 c 2 iii Personal Communications Services 24 711 24 712 24 714 and 24 720 including the establishment of de facto and de jure control such agreements and instruments include articles of incorporation and bylaws shareholder agreements voting or other trust agreements partnership agreements management agreements joint marketing agreements franchise agreements and any other relevant agreements including letters of intent oral or written and iii List and summarize any investor protection agreements and identify specifically any such provisions in those agreements identified pursuant to paragraph c 2 ii of this section including rights of first refusal supermajority clauses options veto rights and rights to hire and fire employees and to appoint members to boards of directors or management committees 3 Records maintenance All applicants including those that are winning bidders shall maintain at their principal place of business an updated file of ownership revenue and asset information including those documents referenced in paragraphs c 2 ii and c 2 iii of this section and any other documents necessary to establish eligibility under this section and any other documents necessary to establish eligibility under this section or under the definition of small business Licensees and their successors in interest shall maintain such files for the term of the license Applicants that do not obtain the license s for which they applied shall maintain such files until the grant of such license s is final or one year from the date of the filing of their short form application Form 175 whichever is earlier d Definitions The terms control group existing investor institutional investor nonattributable equity preexisting entity publicly traded corporation with widely dispersed voting power qualifying investor and small business used in this section are defined in 24 720 67 FR 45368 July | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
9 2002 as amended at 68 FR 42998 July 21 2003 24 710 Reserved 24 711 Installment payments for licenses for frequency Block C Installment payments Each eligible licensee of frequency Block C may pay the remaining 90 percent of the net auction price for the license in installment payments pursuant to 1 2110 f of this chapter and under the following terms a For an eligible licensee with gross revenues exceeding 75 million calculated in accordance with 1 2110 n of this chapter and 24 709 b in each of the two preceding years calculated in accordance with 1 2110 n of this chapter interest shall be imposed based on the rate for ten year U S Treasury obligations applicable on the date the license is granted plus 3 5 percent payments shall include both principal and interest amortized over the term of the license b For an eligible licensee with gross revenues not exceeding 75 million calculated in accordance with 1 2110 b of this chapter and 24 709 b in each of the two preceding years interest shall be imposed based on the rate for ten year U S Treasury obligations applicable on the date the license is granted plus 2 5 percent payments shall include interest only for the first year and payments of interest and principal amortized over the remaining nine years of the license term c For an eligible licensee that qualifies as a small business or as a consortium of small businesses interest shall be imposed based on the rate for ten year U S Treasury obligations applicable on the date the license is granted payments shall include interest only for the first six years and payments of interest and principal amortized over the remaining four years of the license term 47 CFR | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
24 711 c enhanced display page 43 of 52 47 CFR Part 24 up to date as of 2 20 2024 47 CFR 24 712 Personal Communications Services 67 FR 45371 July 9 2002 as amended at 68 FR 42999 July 21 2003 24 712 Bidding credits for licenses won for frequency Block C a Except with respect to licenses won in closed bidding in auctions that begin after March 23 1999 a winning bidder that qualifies as a small business as defined in 24 720 b 1 or a consortium of small businesses may use a bidding credit of fifteen percent as specified in 1 2110 f 2 iii of this chapter to lower the cost of its winning bid b Except with respect to licenses won in closed bidding in auctions that begin after March 23 1999 a winning bidder that qualifies as a very small business as defined in 24 720 b 2 or a consortium of very small businesses may use a bidding credit of twenty five percent as specified in 1 2110 f 2 ii of this chapter to lower the cost of its winning bid c Unjust enrichment The unjust enrichment provisions of 1 2111 d and e 2 of this chapter shall not apply with respect to licenses acquired in either the auction for frequency block C that began on December 18 1995 or the reauction of block C spectrum that began on July 3 1996 67 FR 45371 July 9 2002 as amended at 68 FR 42999 July 21 2003 24 713 Reserved 24 714 Partitioned licenses and disaggregated spectrum a Eligibility 1 Parties seeking approval for partitioning and disaggregation shall request an authorization for partial assignment of a license pursuant to 24 839 2 Broadband PCS licensees in spectrum blocks A | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
B D and E and broadband PCS C and F block licenses not subject to the eligibility requirements of 24 709 may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses 3 Broadband PCS licensees that acquired C or F block licenses in closed bidding subject to the eligibility requirements of 24 709 may partition their licensed geographic service area or disaggregate their licensed spectrum at any time to an entity that meets the eligibility criteria set forth in 24 709 at the time the request for partial assignment of license is filed or to an entity that holds license s for frequency blocks C and F that met the eligibility criteria set forth in 24 709 at the time of receipt of such license s Partial assignment applications seeking partitioning or disaggregation of broadband PCS licenses in spectrum blocks C and F must include an attachment demonstrating compliance with this section b Technical standards 1 Partitioning In the case of partitioning applicants and licensees must file FCC Form 603 pursuant to 1 948 of this chapter and list the partitioned service area on a schedule to the application 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 2 Disaggregation Spectrum may be disaggregated in any amount 47 CFR 24 714 b 2 enhanced display page 44 of 52 47 CFR Part 24 up to date as of 2 20 2024 47 CFR 24 714 b 3 Personal Communications Services 3 Combined partitioning and disaggregation The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation c Installment payments 1 | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
Apportioning the balance on installment payment plans When a winning bidder elects to pay for its license through an installment payment plan pursuant to 1 2110 g of this chapter or 24 716 and partitions its licensed area or disaggregates spectrum to another party the outstanding balance owed by the licensee on its installment payment plan including accrued and unpaid interest shall be apportioned between the licensee and partitionee or disaggregatee Both parties will be responsible for paying their proportionate share of the outstanding balance to the U S Treasury In the case of partitioning the balance shall be apportioned based upon the ratio of the population of the partitioned area to the population of the entire original license area calculated based upon the most recent census data In the case of disaggregation the balance shall be apportioned based upon the ratio of the amount of spectrum disaggregated to the amount of spectrum allocated to the licensed area 2 Parties not qualified for installment payment plans i When a winning bidder elects to pay for its license through an installment payment plan and partitions its license or disaggregates spectrum to another party that would not qualify for an installment payment plan or elects not to pay its share of the license through installment payments the outstanding balance owed by the licensee including accrued and unpaid interest shall be apportioned according to 24 714 c 1 ii The partitionee or disaggregatee shall as a condition of the approval of the partial assignment application pay its entire pro rata amount within 30 days of Public Notice conditionally granting the partial assignment application Failure to meet this condition will result in a rescission of the grant of the partial assignment application iii The licensee shall be permitted to continue to pay its pro | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
rata share of the outstanding balance and shall receive new financing documents promissory note security agreement with a revised payment obligation based on the remaining amount of time on the original installment payment schedule These financing documents will replace the licensee s existing financing documents which shall be marked superseded and returned to the licensee upon receipt of the new financing documents The original interest rate established pursuant to 1 2110 g 3 i of this chapter at the time of the grant of the initial license in the market shall continue to be applied to the licensee s portion of the remaining government obligation The Commission will require as a further condition to approval of the partial assignment application that the licensee execute and return to the U S Treasury the new financing documents within 30 days of the Public Notice conditionally granting the partial assignment application Failure to meet this condition will result in the automatic cancellation of the grant of the partial assignment application iv A default on the licensee s payment obligation will only affect the licensee s portion of the market 3 Parties qualified for installment payment plans i Where both parties to a partitioning or disaggregation agreement qualify for installment payments the partitionee or disaggregatee will be permitted to make installment payments on its portion of the remaining government obligations as calculated according to 24 714 c 1 47 CFR 24 714 c 3 i enhanced display page 45 of 52 47 CFR Part 24 up to date as of 2 20 2024 47 CFR 24 714 c 3 ii Personal Communications Services ii Each party will be required as a condition to approval of the partial assignment application to execute separate financing documents promissory note security agreement agreeing to pay their pro rata | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
portion of the balance due including accrued and unpaid interest based upon the installment payment terms for which they qualify under the rules The financing documents must be returned to the U S Treasury within thirty 30 days of the Public Notice conditionally granting the partial assignment application Failure by either party to meet this condition will result in the automatic cancellation of the grant of the partial assignment application The interest rate established pursuant to 1 2110 g 3 i of this chapter at the time of the grant of the initial license in the market shall continue to be applied to both parties portion of the balance due Each party will receive a license for their portion of the partitioned market or disaggregated spectrum iii A default on an obligation will only affect that portion of the market area held by the defaulting party iv Partitionees and disaggregatees that qualify for installment payment plans may elect to pay some of their pro rata portion of the balance due in a lump sum payment to the U S Treasury and to pay the remaining portion of the balance due pursuant to an installment payment plan d License term The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee s license term as provided for in 24 15 62 FR 661 Jan 6 1997 as amended at 63 FR 68953 Dec 14 1998 65 FR 53638 Sept 5 2000 67 FR 45371 July 9 2002 68 FR 42999 July 21 2003 82 FR 41547 Sept 1 2017 24 716 Installment payments for licenses for frequency Block F Installment Payments Each eligible licensee of frequency Block F may pay the remaining 80 percent of the net auction price for the license | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
in installment payments pursuant to 1 2110 g of this chapter and under the following terms a For an eligible licensee with gross revenues exceeding 75 million calculated in accordance with 1 2110 b of this chapter and when applicable 24 709 b in each of the two preceding years calculated in accordance with 1 2110 n of this chapter interest shall be imposed based on the rate for ten year U S Treasury obligations applicable on the date the license is granted plus 3 5 percent payments shall include both principal and interest amortized over the term of the license b For an eligible licensee with gross revenues not exceeding 75 million calculated in accordance with 1 2110 b of this chapter and when applicable 24 709 b in each of the two preceding years calculated in accordance with 1 2110 n of this chapter interest shall be imposed based on the rate for ten year U S Treasury obligations applicable on the date the license is granted plus 2 5 percent payments shall include interest only for the first year and payments of interest and principal amortized over the remaining nine years of the license term or c For an eligible licensee that qualifies as a small business or as a consortium of small businesses interest shall be imposed based on the rate for ten year U S Treasury obligations applicable on the date the license is granted payments shall include interest only for the first two years and payments of interest and principal amortized over the remaining eight years of the license term 67 FR 45371 July 9 2002 as amended at 68 FR 42999 July 21 2003 47 CFR 24 716 Installment Payments c enhanced display page 46 of 52 47 CFR Part 24 up to | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
date as of 2 20 2024 47 CFR 24 717 Personal Communications Services 24 717 Bidding credits for licenses for frequency Block F a Except with respect to licenses won in closed bidding in auctions that begin after March 23 1999 a winning bidder that qualifies as a small business as defined in 24 720 b 1 or a consortium of small businesses may use a bidding credit of fifteen percent as specified in 1 2110 f 2 iii of this chapter to lower the cost of its winning bid b Except with respect to licenses won in closed bidding in auctions that begin after March 23 1999 a winning bidder that qualifies as a very small business as defined in 24 720 b 2 or a consortium of very small businesses may use a bidding credit of twenty five percent as specified in 1 2110 f 2 ii of this chapter to lower the cost of its winning bid 68 FR 42999 July 21 2003 24 720 Definitions a Scope The definitions in this section apply to 24 709 through 24 717 unless otherwise specified in those sections b Small and very small business 1 A small business is an entity that together with its affiliates and persons or entities that hold interest in such entity and their affiliates has average annual gross revenues that are not more than 40 million for the preceding three years 2 A very small business is an entity that together with its affiliates and persons or entities that hold interests in such entity and their affiliates has average annual gross revenues that are not more than 15 million for the preceding three years c Institutional Investor An institutional investor is an insurance company a bank holding stock in trust accounts through its trust | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
department or an investment company as defined in 15 U S C 80a 3 a including within such definition any entity that would otherwise meet the definition of investment company under 15 U S C 80a 3 a but is excluded by the exemptions set forth in 15 U S C 80a 3 b and c without regard to whether such entity is an issuer of securities provided that if such investment company is owned in whole or in part by other entities such investment company such other entities and the affiliates of such other entities taken as a whole must be primarily engaged in the business of investing reinvesting or trading in securities or in distributing or providing investment management services for securities d Nonattributable Equity 1 Nonattributable equity shall mean i For corporations voting stock or non voting stock that includes no more than twenty five percent of the total voting equity including the right to vote such stock through a voting trust or other arrangement ii For partnerships joint ventures and other non corporate entities limited partnership interests and similar interests that do not afford the power to exercise control of the entity 47 CFR 24 720 d 1 ii enhanced display page 47 of 52 47 CFR Part 24 up to date as of 2 20 2024 47 CFR 24 720 d 2 Personal Communications Services 2 For purposes of assessing compliance with the equity limits in 24 709 b 1 iii A and b 1 iv A where such interests are not held directly in the applicant the total equity held by a person or entity shall be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain e Control Group A control group is an entity or a | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
group of individuals or entities that possesses de jure control and de facto control of an applicant or licensee and as to which the applicant s or licensee s charters bylaws agreements and any other relevant documents and amendments thereto provide 1 That the entity and or its members own unconditionally at least 50 1 percent of the total voting interests of a corporation 2 That the entity and or its members receive at least 50 1 percent of the annual distribution or any dividends paid on the voting stock of a corporation 3 That in the event of dissolution or liquidation of a corporation the entity and or its members are entitled to receive 100 percent of the value of each share of stock in its possession and a percentage of the retained earnings of the concern that is equivalent to the amount of equity held in the corporation and 4 That for other types of businesses the entity and or its members have the right to receive dividends profits and regular and liquidating distributions from the business in proportion to the amount of equity held in the business Note to paragraph e Voting control does not always assure de facto control such as for example when the voting stock of the control group is widely dispersed see e g 1 2110 c 5 ii C of this chapter f Publicly Traded Corporation with Widely Dispersed Voting Power A publicly traded corporation with widely dispersed voting power is a business entity organized under the laws of the United States 1 Whose shares debt or other ownership interests are traded on an organized securities exchange within the United States 2 In which no person i Owns more than 15 percent of the equity or ii Possesses directly or indirectly through | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
the ownership of voting securities by contract or otherwise the power to control the election of more than 15 percent of the members of the board of directors or other governing body of such publicly traded corporation and 3 Over which no person other than the management and members of the board of directors or other governing body of such publicly traded corporation in their capacities as such has de facto control 4 The term person shall be defined as in section 13 d of the Securities and Exchange Act of 1934 as amended 15 U S C 78 m and shall also include investors that are commonly controlled under the indicia of control set forth in the definition of affiliate in 1 2110 c 5 of the Commission s rules g Qualifying investor 47 CFR 24 720 g enhanced display page 48 of 52 47 CFR Part 24 up to date as of 2 20 2024 47 CFR 24 720 g 1 Personal Communications Services 1 A qualifying investor is a person who is or holds an interest in a member of the applicant s or licensee s control group and whose gross revenues and total assets when aggregated with those of all other attributable investors and affiliates do not exceed the gross revenues and total assets limits specified in 24 709 a or in the case of an applicant or licensee that is a small business do not exceed the gross revenues limit specified in paragraph b of this section 2 For purposes of assessing compliance with the minimum equity requirements of 24 709 b 1 v and b 1 vi where such equity interests are not held directly in the applicant interests held by qualifying investors shall be determined by successive multiplication of the ownership percentages for | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
each link in the vertical ownership chain 3 For purposes of 24 709 b 1 v A 3 and b 1 vi A 3 a qualifying investor is a person who is or holds an interest in a member of the applicant s or licensee s control group and whose gross revenues and total assets do not exceed the gross revenues and total assets limits specified in 24 709 a h Preexisting entity Existing investor A preexisting entity is an entity that was operating and earning revenues for at least two years prior to December 31 1994 An existing investor is a person or entity that was an owner of record of a preexisting entity s equity as of November 10 1994 and any person or entity acquiring de minimis equity holdings in a preexisting entity after that date Note to paragraph h In applying the term existing investor to de minimis interests in preexisting entities obtained or increased after November 10 1994 the Commission will scrutinize any significant restructuring of the preexisting entity that occurs after that date and will presume that any change of equity that is five percent or less of the preexisting entity s total equity is de minimis The burden is on the applicant or licensee to demonstrate that changes that exceed five percent are not significant 67 FR 45372 July 9 2002 as amended at 68 FR 42999 July 21 2003 68 FR 57829 Oct 7 2003 Subpart I Interim Application Licensing and Processing Rules for Broadband PCS Source 59 FR 37610 July 22 1994 unless otherwise noted 24 801 24 803 Reserved 24 804 Eligibility a General Authorizations will be granted upon proper application if 1 The applicant is qualified under all applicable laws and Commission regulations policies and decisions 2 There are | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
frequencies available to provide satisfactory service and 3 The public interest convenience or necessity would be served by a grant b Alien ownership A broadband PCS authorization to provide Commercial Mobile Radio Service may not be granted to or held by 47 CFR 24 804 b enhanced display page 49 of 52 47 CFR Part 24 up to date as of 2 20 2024 47 CFR 24 804 b 1 Personal Communications Services 1 Any alien or the representative of any alien 2 Any corporation organized under the laws of any foreign government 3 Any corporation of which more than one fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or any corporation organized under the laws of another country 4 Any corporation directly or indirectly controlled by any other corporation of which more than one fourth of the capital stock is owned of record or voted by aliens their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country if the Commission finds that the public interest will be served by the refusal or revocation of such a license c A broadband PCS authorization to provide Private Mobile Radio Service may not be granted to or held by a foreign government or a representative thereof 59 FR 37610 July 22 1994 as amended at 61 FR 55581 Oct 28 1996 24 805 24 814 Reserved 24 815 Technical content of applications maintenance of list of station locations a All applications required by this part shall contain all technical information required by the application forms or associated Public Notice s Applications other than initial applications for a broadband PCS license must also comply with | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
all technical requirements of the rules governing the broadband PC see subparts C and E of this part as appropriate The following paragraphs describe a number of general technical requirements b Each application except applications for initial licenses filed on Form 175 for a license for broadband PCS must comply with the provisions of 24 229 24 238 of the Commission s Rules c i Reserved j The location of the transmitting antenna shall be considered to be the station location Broadband PCS licensees must maintain a current list of all station locations which must describe the transmitting antenna site by its geographical coordinates and also by conventional reference to street number landmark or the equivalent All such coordinates shall be specified in terms of degrees minutes and seconds to the nearest second of latitude and longitude 24 816 24 829 Reserved 24 830 Opposition to applications a Petitions to deny including petitions for other forms of relief and responsive pleadings for Commission consideration must comply with 1 2108 of this chapter and must 1 Identify the application or applications including applicant s name station location Commission file numbers and radio service involved with which it is concerned 2 Be filed in accordance with the pleading limitations filing periods and other applicable provisions of 1 41 through 1 52 of this chapter except where otherwise provided in 1 2108 of this chapter 47 CFR 24 830 a 2 enhanced display page 50 of 52 47 CFR Part 24 up to date as of 2 20 2024 47 CFR 24 830 a 3 Personal Communications Services 3 Contain specific allegations of fact which except for facts of which official notice may be taken shall be supported by affidavit of a person or persons with personal knowledge thereof and which shall be | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
sufficient to demonstrate that the petitioner or respondent is a party in interest and that a grant of or other Commission action regarding the application would be prima facie inconsistent with the public interest 4 Be filed within thirty 30 days after the date of public notice announcing the acceptance for filing of any such application or major amendment thereto unless the Commission otherwise extends the filing deadline and 5 Contain a certificate of service showing that it has been mailed to the applicant no later than the date of filing thereof with the Commission b A petition to deny a major amendment to a previously filed application may only raise matters directly related to the amendment which could not have been raised in connection with the underlying previously filed application This subsection does not apply however to petitioners who gain standing because of the major amendment 24 831 Mutually exclusive applications a The Commission will consider applications for broadband PCS licenses to be mutually exclusive if they relate to the same geographical boundaries MTA or BTA and are timely filed for the same frequency block b Mutually exclusive applications filed on Form 175 for the initial provision of broadband PCS are subject to competitive bidding in accordance with the procedures in subpart H of this part and in part 1 subpart Q of this chapter c An application will be entitled to comparative consideration with one or more conflicting applications only if the Commission determines that such comparative consideration will serve the public interest d j Reserved 24 832 Reserved 24 833 Post auction divestitures Any parties sharing a common non controlling ownership interest who aggregate more PCS spectrum among them than a single entity is entitled to hold See 20 6 e 24 710 24 204 24 229 | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
c of this chapter will be permitted to divest sufficient properties within 90 days of the license grant to come into compliance with the spectrum aggregation limits as follows a The broadband PCS applicant shall submit a signed statement with its long form application stating that sufficient properties will be divested within 90 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 PCS spectrum aggregation limits within 90 days of grant b Within 90 days of license grant the licensee must certify that the applicant and all parties to the application have come into compliance with the PCS spectrum aggregation limits If the licensee fails to submit the certification within 90 days the Commission will immediately cancel all broadband PCS licenses won by the applicant impose the default penalty and based on the facts presented take any other action it may deem appropriate Divestiture may be to an interim trustee if a buyer has not been 47 CFR 24 833 b enhanced display page 51 of 52 47 CFR Part 24 up to date as of 2 20 2024 47 CFR 24 834 24 838 Personal Communications Services secured in the required time frame as long as the applicant has no interest in or control of the trustee and the trustee may dispose of the property as it sees fit In no event may the trustee retain the property for longer than six months from grant of license 59 FR 53371 Oct 24 1994 24 834 24 838 Reserved 24 839 Transfer of control or assignment of license a Restrictions on Assignments and Transfers of Licenses for Frequency Blocks C and F won in closed bidding No assignment or transfer | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of 24 709 will be granted unless 1 The application for assignment or transfer of control is filed after five years from the date of the initial license grant or 2 The proposed assignee or transferee meets the eligibility criteria set forth in 24 709 of this part at the time the application for assignment or transfer of control is filed or the proposed assignee or transferee holds other license s for frequency blocks C and F and at the time of receipt of such license s met the eligibility criteria set forth in 24 709 of this part or 3 The application is for partial assignment of a partitioned service area to a rural telephone company pursuant to 24 714 of this part and the proposed assignee meets the eligibility criteria set forth in 24 709 of this part or 4 The application is for an involuntary assignment or transfer of control to a bankruptcy trustee appointed under involuntary bankruptcy an independent receiver appointed by a court of competent jurisdiction in a foreclosure action or in the event of death or disability to a person or entity legally qualified to succeed the deceased or disabled person under the laws of the place having jurisdiction over the estate involved provided that the applicant requests a waiver pursuant to this paragraph or 5 The assignment or transfer of control is pro forma or 6 The application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to 24 203 c that its five year construction requirement has been satisfied b If the assignment or transfer of control of a | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
license is approved the assignee or transferee is subject to the original construction requirement of 24 203 of this part 63 FR 68953 Dec 14 1998 as amended at 65 FR 53638 Sept 5 2000 24 840 24 844 Reserved 47 CFR 24 840 24 844 enhanced display page 52 of 52 | corpus_data/corpus_txt/47-CFR-Part-24-_up-to-date-as-of-2-20-2024_.txt |
47 CFR Part 13 up to date as of 2 20 2024 47 CFR Part 13 Feb 20 2024 Commercial Radio Operators This content is from the eCFR and is authoritative but unofficial Title 47 Telecommunication Chapter I Federal Communications Commission Subchapter A General Part 13 Commercial Radio Operators General 13 1 Basis and purpose 13 3 Definitions 13 5 Licensed commercial radio operator required 13 7 Classification of operator licenses and endorsements 13 8 Authority conveyed 13 9 Eligibility and application for new license or endorsement 13 10 Licensee address 13 11 Holding more than one commercial radio operator license 13 13 Application for a renewed or modified license 13 15 License term 13 17 Replacement license 13 19 Operator s responsibility Examination System 13 201 Qualifying for a commercial operator license or endorsement 13 203 Examination elements 13 207 Preparing an examination 13 209 Examination procedures 13 211 Commercial radio operator license examination 13 213 COLEM qualifications 13 215 Question pools 13 217 Records PART 13 COMMERCIAL RADIO OPERATORS Authority 47 U S C 154 303 Source 58 FR 9124 Feb 19 1993 unless otherwise noted GENERAL 47 CFR 13 enhanced display page 1 of 13 47 CFR Part 13 up to date as of 2 20 2024 47 CFR 13 1 Commercial Radio Operators 13 1 Basis and purpose a Basis The basis for the rules contained in this part is the Communications Act of 1934 as amended and applicable treaties and agreements to which the United States is a party b Purpose The purpose of the rules in this part is to prescribe the manner and conditions under which commercial radio operators are licensed by the Commission 13 3 Definitions The definitions of terms used in part 13 are a COLEM Commercial operator license examination manager | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
b Commercial radio operator A person holding a license or licenses specified in 13 7 b c GMDSS Global Maritime Distress and Safety System d FCC Federal Communications Commission e International Morse Code A dot dash code as defined in International Telegraph and Telephone Consultative Committee CCITT Recommendation F 1 1984 Division B I Morse code f ITU International Telecommunication Union g PPC Proof of Passing Certificate h Question pool All current examination questions for a designated written examination element i Question set A series of examination questions on a given examination selected from the current question pool j Radio Regulations The latest ITU Radio Regulations to which the United States is a party 13 5 Licensed commercial radio operator required Rules that require FCC station licensees to have certain transmitter operation maintenance and repair duties performed by a commercial radio operator are contained in parts 80 and 87 of this chapter 78 FR 23152 Apr 18 2013 13 7 Classification of operator licenses and endorsements a Commercial radio operator licenses issued by the FCC are classified in accordance with the Radio Regulations of the ITU b There are twelve types of commercial radio operator licenses certificates and permits licenses The license s ITU classification if different from its name is given in parentheses 1 First Class Radiotelegraph Operator s Certificate Beginning May 20 2013 no applications for new First Class Radiotelegraph Operator s Certificates will be accepted for filing 2 Second Class Radiotelegraph Operator s Certificate Beginning May 20 2013 no applications for new Second Class Radiotelegraph Operator s Certificates will be accepted for filing 47 CFR 13 7 b 2 enhanced display page 2 of 13 47 CFR Part 13 up to date as of 2 20 2024 47 CFR 13 7 b 3 Commercial Radio Operators 3 | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
Third Class Radiotelegraph Operator s Certificate radiotelegraph operator s special certificate Beginning May 20 2013 no applications for new Third Class Radiotelegraph Operator s Certificates will be accepted for filing 4 Radiotelegraph Operator License 5 General Radiotelephone Operator License radiotelephone operator s general certificate 6 Marine Radio Operator Permit radiotelephone operator s restricted certificate 7 Restricted Radiotelephone Operator Permit radiotelephone operator s restricted certificate 8 Restricted Radiotelephone Operator Permit Limited Use radiotelephone operator s restricted certificate 9 GMDSS Radio Operator s License general operator s certificate 10 Restricted GMDSS Radio Operator s License restricted operator s certificate 11 GMDSS Radio Maintainer s License technical portion of the first class radio electronic certificate 12 GMDSS Radio Operator Maintainer License general operator s certificate technical portion of the first class radio electronic certificate c There are three license endorsements affixed by the FCC to provide special authorizations or restrictions Endorsements may be affixed to the license s indicated in parentheses 1 Ship Radar Endorsement First and Second Class Radiotelegraph Operator s Certificates Radiotelegraph Operator License General Radiotelephone Operator License GMDSS Radio Maintainer s License 2 Six Months Service Endorsement First and Second Class Radiotelegraph Operator s Certificates Radiotelegraph Operator License 3 Restrictive endorsements relating to physical disability English language or literacy waivers or other matters all licenses d A Restricted Radiotelephone Operator Permit Limited Use issued by the FCC to an aircraft pilot who is not legally eligible for employment in the United States is valid only for operating radio stations on aircraft e A Restricted Radiotelephone Operator Permit Limited Use issued by the FCC to a person under the provision of Section 303 1 2 of the Communications Act of 1934 as amended is valid only for the operation of radio stations for which that person is the station licensee 58 | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
FR 9124 Feb 19 1993 58 FR 12632 Mar 5 1993 as amended at 68 FR 46958 Aug 7 2003 73 FR 4479 Jan 25 2008 78 FR 23152 Apr 18 2013 13 8 Authority conveyed Licenses certificates and permits issued under this part convey authority for the operating privileges of other licenses certificates and permits issued under this part as specified below 47 CFR 13 8 enhanced display page 3 of 13 47 CFR Part 13 up to date as of 2 20 2024 47 CFR 13 8 a Commercial Radio Operators a A First Class Radiotelegraph Operator s Certificate conveys all of the operating authority of the Second Class Radiotelegraph Operator s Certificate the Third Class Radiotelegraph Operator s Certificate the Radiotelegraph Operator License the Restricted Radiotelephone Operator Permit and the Marine Radio Operator Permit b A Radiotelegraph Operator License conveys all of the operating authority of the Second Class Radiotelegraph Operator s Certificate which conveys all of the operating authority of the Third Class Radiotelegraph Operator s Certificate the Restricted Radiotelephone Operator Permit and the Marine Radio Operator Permit c A Third Class Radiotelegraph Operator s Certificate conveys all of the operating authority of the Restricted Radiotelophone Operator Permit and the Marine Radio Operator Permit d A General Radiotelephone Operator License conveys all of the operating authority of the Marine Radio Operator Permit and the Restricted Radiotelephone Operator Permit e A GMDSS Radio Operator s License conveys all of the operating authority of the Marine Radio Operator Permit and the Restricted Radiotelephone Operator Permit f A GMDSS Radio Maintainer s License conveys all of the operating authority of the General Radiotelephone Operator License the Marine Radio Operator Permit and the Restricted Radiotelephone Operator Permit g A Marine Radio Operator Permit conveys all of the authority of the | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
Restricted Radiotelephone Operator Permit 64 FR 53240 Oct 1 1999 as amended at 78 FR 23152 Apr 18 2013 13 9 Eligibility and application for new license or endorsement a If found qualified the following persons are eligible to apply for commercial radio operator licenses 1 Any person legally eligible for employment in the United States 2 Any person for the purpose of operating aircraft radio stations who holds i United States pilot certificates or ii Foreign aircraft pilot certificates which are valid in the United States if the foreign government involved has entered into a reciprocal agreement under which such foreign government does not impose any similar requirement relating to eligibility for employment upon United States citizens 3 Any person who holds a FCC radio station license for the purpose of operating that station 4 Notwithstanding any other provisions of the FCC s rules no person shall be eligible to be issued a commercial radio operator license when i The person s commercial radio operator license is suspended or ii The person s commercial radio operator license is the subject of an ongoing suspension proceeding or iii The person is afflicted with complete deafness or complete muteness or complete inability for any other reason to transmit correctly and to receive correctly by telephone spoken messages in English 47 CFR 13 9 a 4 iii enhanced display page 4 of 13 47 CFR Part 13 up to date as of 2 20 2024 47 CFR 13 9 b Commercial Radio Operators b Each application for a new General Radiotelephone Operator License Marine Radio Operator Permit Radiotelegraph Operator License Ship Radar Endorsement Six Months Service Endorsement GMDSS Radio Operator s License Restricted GMDSS Radio Operator s License GMDSS Radio Maintainer s License GMDSS Radio Operator Maintainer License Restricted Radiotelephone Operator Permit | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
or Restricted Radiotelephone Operator Permit Limited Use must be filed on FCC Form 605 in accordance with 1 913 of this chapter c Each application for a new General Radiotelephone Operator License Marine Radio Operator Permit Radiotelegraph Operator License Ship Radar Endorsement GMDSS Radio Operator s License Restricted GMDSS Radio Operator s License GMDSS Radio Maintainer s License or GMDSS Radio Operator Maintainer License must be accompanied by the required fee if any and submitted in accordance with 1 913 of this chapter The application must include an electronic copy of the official PPC s from a COLEM s showing that the applicant has passed the necessary examination Element s within the previous 365 days when the applicant files the application If a COLEM files the application on behalf of the applicant an official copy of the PPC s is not required However the COLEM must keep the PPC s on file for a period of 1 year When acting on behalf of qualified examinees the COLEM must forward all required data to the FCC electronically d An applicant will be given credit for an examination element as specified below 1 An unexpired or within the grace period FCC issued commercial radio operator license Except as noted in paragraph d 3 of this section the written examination and telegraphy Element s required to obtain the license held 2 An expired or unexpired FCC issued Amateur Extra Class operator license grant granted before April 15 2000 Telegraphy Elements 1 and 2 and 3 An FCC issued Third Class Radiotelegraph Operator s Certificate that was renewed as a Marine Radio Operator Permit see 13 13 b of this chapter that is unexpired or within the grace period Telegraphy Elements 1 and 2 e Provided that a person s commercial radio operator license | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
was not revoked or suspended and is not the subject of an ongoing suspension proceeding a person whose application for a commercial radio operator license has been received by the FCC but which has not yet been acted upon and who holds a PPC s indicating that he or she passed the necessary examination s within the previous 365 days is authorized to exercise the rights and privileges of the operator license for which the application was received This authority is valid for a period of 90 days from the date the application was received The FCC in its discretion may cancel this temporary conditional operating authority without a hearing f Each application for a new six months service endorsement must be submitted in accordance with 1 913 of this chapter The application must include documentation showing that 1 The applicant was employed as a radio operator on board a ship or ships of the United States for a period totaling at least six months 2 The ships were equipped with a radio station complying with the provisions of part II of title III of the Communications Act or the ships were owned and operated by the U S Government and equipped with radio stations 3 The ships were in service during the applicable six month period and no portion of any single in port period included in the qualifying six months period exceeded seven days 47 CFR 13 9 f 3 enhanced display page 5 of 13 47 CFR Part 13 up to date as of 2 20 2024 47 CFR 13 9 f 4 Commercial Radio Operators 4 The applicant held a FCC issued First Class Radiotelegraph Operator s Certificate Second Class Radiotelegraph Operator s Certificate or Radiotelegraph Operator License during this entire six month qualifying period and | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
5 The applicant holds a radio officer s license issued by the U S Coast Guard at the time the six month endorsement is requested g No person shall alter duplicate for fraudulent purposes or fraudulently obtain or attempt to obtain an operator license No person shall use a license issued to another or a license that he or she knows to be altered duplicated for fraudulent purposes or fraudulently obtained No person shall obtain or attempt to obtain or assist another person to obtain or attempt to obtain an operator license by fraudulent means 58 FR 9124 Feb 19 1993 as amended at 59 FR 3795 Jan 27 1994 60 FR 27699 May 25 1995 63 FR 68942 Dec 14 1998 66 FR 20752 Apr 25 2001 68 FR 46958 Aug 7 2003 78 FR 23152 Apr 18 2013 85 FR 85531 Dec 29 2020 13 10 Licensee address In accordance with 1 923 of this chapter all applicants except applicants for a Restricted Radiotelephone Operator Permit or a Restricted Radiotelephone Operator Permit Limited Use must specify an email address where the applicant can receive electronic correspondence Suspension of the operator license may result when correspondence from the FCC is returned as undeliverable because the applicant failed to provide the correct email address 85 FR 85531 Dec 29 2020 13 11 Holding more than one commercial radio operator license a An eligible person may hold more than one commercial operator license 1 No person may hold two or more unexpired radiotelegraph operator s certificates at the same time 2 No person may hold any class of radiotelegraph operator s certificate and a Marine Radio Operator Permit 3 No person may hold any class of radiotelegraph operator s certificate and a Restricted Radiotelephone Operator Permit b Each person who is | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
not legally eligible for employment in the United States and certain other persons who were issued permits prior to September 13 1982 may hold two Restricted Radiotelephone Operator Permits simultaneously when each permit authorizes the operation of a particular station or class of stations 58 FR 9124 Feb 19 1993 as amended at 78 FR 23153 Apr 18 2013 13 13 Application for a renewed or modified license a Each application to renew a First Class Radiotelegraph Operator s Certificate Second Class Radiotelegraph Operator s Certificate Third Class Radiotelegraph Operator s Certificate or Radiotelegraph Operator License must be made on FCC Form 605 The application must be accompanied by the 47 CFR 13 13 a enhanced display page 6 of 13 47 CFR Part 13 up to date as of 2 20 2024 47 CFR 13 13 b Commercial Radio Operators appropriate fee and submitted in accordance with 1 913 of this chapter Beginning May 20 2013 First and Second Class Radiotelegraph Operator s Certificates will be renewed as Radiotelegraph Operator Licenses and Third Class Radiotelegraph Operator s Certificates will be renewed as Marine Radio Operator Permits b If a license expires application for renewal may be made during a grace period of five years after the expiration date without having to retake the required examinations The application must be accompanied by the required fee and submitted in accordance with 1 913 of this chapter During the grace period the expired license is not valid A license renewed during the grace period will be effective as of the date of the renewal Licensees who fail to renew their licenses within the grace period must apply for a new license and take the required examination s Beginning May 20 2013 no applications for new First Second or Third Class Radiotelegraph Operator | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
s Certificates will be accepted for filing 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 1 913 of this chapter The application must include an original PPC s from a COLEM s showing that the applicant has passed the necessary examination Element s within the previous 365 days when the applicant files the application If a COLEM files the application on behalf of the applicant an original PPC s is not required However the COLEM must keep the PPC s on file for a period of 1 year When acting on behalf of qualified examinees the COLEM must forward all required data to the FCC electronically d Provided that a person s commercial radio operator license was not revoked or suspended and is not the subject of an ongoing suspension proceeding a person holding a 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 Radiotelegraph Operator License GMDSS Radio Operator s License GMDSS Radio Maintainer s License or GMDSS Radio Operator Maintainer License who has an application for another commercial radio operator license which has not yet been acted upon pending at the FCC and who holds a PPC s indicating that he or she passed the necessary examination s within the previous 365 days is authorized to exercise the rights and privileges of the license for which the application is filed This temporary conditional operating authority is valid for a period of 90 days from the date the application is received This temporary conditional operating authority does | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
not relieve the licensee of the obligation to comply with the certification requirements of the Standards of Training Certification and Watchkeeping STCW Convention The FCC in its discretion may cancel this temporary conditional operating authority without a hearing e An applicant will be given credit for an examination element as specified below 1 An unexpired or within the grace period FCC issued commercial radio operator license Except as noted in paragraph e 3 of this section the written examination and telegraphy Element s required to obtain the license held 2 An expired or unexpired FCC issued Amateur Extra Class operator license grant granted before April 15 2000 Telegraphy Elements 1 and 2 and 3 An FCC issued Third Class Radiotelegraph Operator s Certificate that was renewed as a Marine Radio Operator Permit see 13 13 b of this chapter that is unexpired or within the grace period Telegraphy Elements 1 and 2 78 FR 23153 Apr 18 2013 47 CFR 13 13 e 3 enhanced display page 7 of 13 47 CFR Part 13 up to date as of 2 20 2024 47 CFR 13 15 Commercial Radio Operators 13 15 License term First Class Radiotelegraph Operator s Certificates Second Class Radiotelegraph Operator s Certificates and Third Class Radiotelegraph Operator s Certificates are normally valid for a term of five years from the date of issuance All other commercial radio operator licenses are normally valid for the lifetime of the holder 78 FR 23153 Apr 18 2013 13 17 Replacement license a Each licensee or permittee whose original document is lost mutilated or destroyed may request a replacement The application must be accompanied by the required fee and submitted to the address specified in part 1 of the rules b Each application for a replacement General Radiotelephone Operator License Marine | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
Radio Operator Permit First Class Radiotelegraph Operator s Certificate Second Class Radiotelegraph Operator s Certificate Third Class Radiotelegraph Operator s Certificate Radiotelegraph Operator Certificate GMDSS Radio Operator s License Restricted GMDSS Radio Operator s License GMDSS Radio Maintainer s License or GMDSS Radio Operator Maintainer License must be made on FCC Form 605 and must include a written explanation as to the circumstances involved in the loss mutilation or destruction of the original document c Each application for a replacement Restricted Radiotelephone Operator Permit or Restricted Radiotelephone Operator Permit Limited Use must be on FCC Form 605 d A licensee who has made application for a replacement license may exhibit a copy of the application submitted to the FCC or a photocopy of the license in lieu of the original document 58 FR 9124 Feb 19 1993 as amended at 63 FR 68942 Dec 14 1998 68 FR 46959 Aug 7 2003 78 FR 23154 Apr 18 2013 13 19 Operator s responsibility a The operator responsible for maintenance of a transmitter may permit other persons to adjust that transmitter in the operator s presence for the purpose of carrying out tests or making adjustments requiring specialized knowledge or skill provided that he or she shall not be relieved thereby from responsibility for the proper operation of the equipment b In every case where a station operating log or service and maintenance log is required the operator responsible for the station operation or maintenance shall make the required entries in the station log If no station log is required the operator responsible for service or maintenance duties which may affect the proper operation of the station shall sign and date an entry in the station maintenance records giving 1 Pertinent details of all service and maintenance work performed by the | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
operator or conducted under his or her supervision 2 His or her name and address and 3 The class serial number and expiration date if applicable of the license when the FCC has issued the operator a license or the PPC serial number s and date s of issue when the operator is awaiting FCC action on an application 47 CFR 13 19 b 3 enhanced display page 8 of 13 47 CFR Part 13 up to date as of 2 20 2024 47 CFR 13 19 c Commercial Radio Operators c When the operator is on duty and in charge of transmitting systems or performing service maintenance or inspection functions the license or permit document or a photocopy thereof or a copy of the application and PPC s received by the FCC must be posted or in the operator s personal possession and available for inspection upon request by a FCC representative d The operator on duty and in charge of transmitting systems or performing service maintenance or inspection functions shall not be subject to the requirements of paragraph b of this section at a station or stations of one licensee at a single location at which the operator is regularly employed and at which his or her license or a photocopy is posted 58 FR 9124 Feb 19 1993 as amended at 60 FR 27700 May 25 1995 78 FR 23154 Apr 18 2013 EXAMINATION SYSTEM 13 201 Qualifying for a commercial operator license or endorsement a To be qualified to hold any commercial radio operator license an applicant must have a satisfactory knowledge of FCC rules and must have the ability to send correctly and receive correctly spoken messages in the English language b An applicant must pass an examination for the issuance of a new commercial | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
radio operator license other than the Restricted Radiotelephone Operator Permit and the Restricted Radiotelephone Operator Permit Limited Use and for each change in operator class An applicant must pass an examination for the issuance of a new Ship Radar Endorsement Each application for the class of license or endorsement specified below must pass or otherwise receive credit for the corresponding examination elements 1 Radiotelegraph Operator License i Telegraphy Elements 1 and 2 ii Written Elements 1 and 6 2 General Radiotelephone Operator License Written Elements 1 and 3 3 Marine Radio Operator Permit Written Element 1 4 GMDSS Radio Operator s License Written Elements 1 and 7 or a Proof of Passing Certificate PPC issued by the United States Coast Guard or its designee representing a certificate of competency from a Coast Guard approved training course for a GMDSS endorsement 5 Restricted GMDSS Radio Operator License Written Elements 1 and 7R or a Proof of Passing Certificate PPC issued by the United States Coast Guard or its designee representing a certificate of competency from a Coast Guard approved training course for a GMDSS endorsement 6 GMDSS Radio Maintainer s License Written Elements 1 3 and 9 7 Ship Radar Endorsement Written Element 8 58 FR 9124 Feb 19 1993 as amended at 59 FR 3795 Jan 27 1994 68 FR 46959 Aug 7 2003 78 FR 23154 Apr 18 2013 47 CFR 13 201 b 7 enhanced display page 9 of 13 47 CFR Part 13 up to date as of 2 20 2024 47 CFR 13 203 Commercial Radio Operators 13 203 Examination elements a A written examination written Element must prove that the examinee possesses the operational and technical qualifications to perform the duties required by a person holding that class of commercial radio operator license For each | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
Element the Commission shall establish through public notices or other appropriate means the number of questions to be included in the question pool the number of questions to be included in the examination and the number of questions that must be answered correctly to pass the examination Each written examination must consist of questions relating to the pertinent subject matter as follows 1 Element 1 Basic radio law and operating practice with which every maritime radio operator should be familiar Questions concerning provisions of laws treaties regulations and operating procedures and practices generally followed or required in communicating by means of radiotelephone stations 2 Element 3 General radiotelephone Questions concerning electronic fundamentals and techniques required to adjust repair and maintain radio transmitters and receivers at stations licensed by the FCC in the aviation and maritime radio services 3 Element 6 Advanced radiotelegraph Questions concerning technical legal and other matters applicable to the operation of all classes of radiotelegraph stations including operating procedures and practices in the maritime mobile services of public correspondence and associated matters such as radio navigational aids message traffic routing and accounting etc 4 Element 7 GMDSS radio operating practices Questions concerning GMDSS radio operating procedures and practices sufficient to show detailed practical knowledge of the operation of all GMDSS sub systems and equipment ability to send and receive correctly by radiotelephone and narrow band direct printing telegraphy detailed knowledge of the regulations applying to radio communications knowledge of the documents relating to charges for radio communications and knowledge of those provisions of the International Convention for the Safety of Life at Sea which relate to radio sufficient knowledge of English to be able to express oneself satisfactorily both orally and in writing knowledge of and ability to perform each function listed in 80 1081 of this | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
chapter and knowledge covering the requirements set forth in IMO Assembly Resolution on Training for Radio Personnel GMDSS Annex 3 5 Element 7R Restricted GMDSS radio operating practices Questions concerning those GMDSS radio operating procedures and practices that are applicable to ship stations on vessels that sail exclusively in sea area A1 as defined in 80 1069 of this chapter sufficient to show detailed practical knowledge of the operation of pertinent GMDSS sub systems and equipment ability to send and receive correctly by radio telephone and narrow band direct printing telegraphy detailed knowledge of the regulations governing radio communications within sea area A1 knowledge of the pertinent documents relating to charges for radio communications and knowledge of the pertinent provisions of the International Convention for the Safety of Life at Sea sufficient knowledge of English to be able to express oneself satisfactorily both orally and in writing knowledge of and ability to perform each pertinent function listed in 80 1081 of this chapter and knowledge covering the pertinent requirements set forth in IMO Assembly Resolution on Training for Radio Personnel GMDSS Annex 3 6 Element 8 Ship radar techniques Questions concerning specialized theory and practice applicable to the proper installation servicing and maintenance of ship radar equipment in general use for marine navigational purposes 47 CFR 13 203 a 6 enhanced display page 10 of 13 47 CFR Part 13 up to date as of 2 20 2024 47 CFR 13 203 a 7 Commercial Radio Operators 7 Element 9 GMDSS radio maintenance practices and procedures Questions concerning the requirements set forth in IMO Assembly on Training for Radio Personnel GMDSS Annex 5 and IMO Assembly on Radio Maintenance Guidelines for the Global Maritime Distress and Safety System related to Sea Areas A3 and A4 b A telegraphy examination telegraphy | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
Elements must prove that the examinee has the ability to send correctly by hand and to receive correctly by ear texts in the international Morse code at not less than the prescribed speed using all the letters of the alphabet numerals 0 9 period comma question mark slant mark and prosigns AR BT and SK 1 Telegraphy Element 1 16 code groups per minute 2 Telegraphy Element 2 20 words per minute 58 FR 9124 Feb 19 1993 as amended at 69 FR 64671 Nov 8 2004 73 FR 4479 Jan 25 2008 78 FR 23154 Apr 18 2013 13 207 Preparing an examination a Each telegraphy message and each written question set administered to an examinee for a commercial radio operator license must be provided by a COLEM b Each question set administered to an examinee must utilize questions taken from the applicable Element question pool The COLEM may obtain the written question sets from a supplier or other COLEM c A telegraphy examination must consist of a plain language text or code group message sent in the international Morse code at no less than the prescribed speed for a minimum of five minutes The message must contain each required telegraphy character at least once No message known to the examinee may be administered in a telegraphy examination Each five letters of the alphabet must be counted as one word or one code group Each numeral punctuation mark and prosign must be counted as two letters of the alphabet The COLEM may obtain the telegraphy message from a supplier or other COLEM 13 209 Examination procedures a Each examination for a commercial radio operator license must be administered at a location and a time specified by the COLEM The COLEM is responsible for the proper conduct and necessary supervision | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
of each examination The COLEM must immediately terminate the examination upon failure of the examinee to comply with its instructions b Each examinee when taking an examination for a commercial radio operator license shall comply with the instructions of the COLEM c No examination that has been compromised shall be administered to any examinee Neither the same telegraphy message nor the same question set may be re administered to the same examinee d Passing a telegraphy examination Passing a telegraphy receiving examination is adequate proof of an examinee s ability to both send and receive telegraphy The COLEM however may also include a sending segment in a telegraphy examination 1 To pass a receiving telegraphy examination an examinee is required to receive correctly the message by ear for a period of 1 minute without error at the rate of speed specified in 13 203 b 2 To pass a sending telegraphy examination an examinee is required to send correctly for a period of one minute at the rate of speed specified in 13 203 b 47 CFR 13 209 d 2 enhanced display page 11 of 13 47 CFR Part 13 up to date as of 2 20 2024 47 CFR 13 209 e Commercial Radio Operators e The COLEM is responsible for determining the correctness of he examinee s answers When the examinee does not score a passing grade on an examination element the COLEM must inform the examinee of the grade f No applicant who is eligible to apply for any commercial radio operator license shall by reason of any physical disability be denied the privilege of applying and being permitted to attempt to prove his or her qualifications by examination if examination is required for such commercial radio operator license in accordance with procedures established by the | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
COLEM g No applicant who is eligible to apply for any commercial radio operator license shall by reason of any physical handicap be denied the privilege of applying and being permitted to attempt to prove his or her qualifications by examination if examination is required for such commercial radio operator license in accordance with procedures established by the COLEM h The COLEM must accommodate an examinee whose physical disabilities require a special examination procedure The COLEM may require a physician s certification indicating the nature of the disability before determining which if any special procedures are appropriate to use In the case of a blind examinee the examination questions may be read aloud and the examinee may answer orally A blind examinee wishing to use this procedure must make arrangements with the COLEM prior to the date the examination is desired i The FCC may 1 Administer any examination element itself 2 Readminister any examination element previously administered by a COLEM either itself or by designating another COLEM to readminister the examination element 3 Cancel the commercial operator license s of any licensee who fails to appear for re administration of an examination when directed by the FCC or who fails any required element that is re administered In case of such cancellation the person will be issued an operator license consistent with completed examination elements that have not been invalidated by not appearing for or by failing the examination upon re administration 58 FR 9124 Feb 19 1993 as amended at 78 FR 23154 Apr 18 2013 13 211 Commercial radio operator license examination a Each session where an examination for a commercial radio operator license is administered must be managed by a COLEM or the FCC b Each examination for a commercial radio operator license must be administered | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
as determined by the COLEM c The COLEM may limit the number of candidates at any examination d The COLEM may prohibit from the examination area items the COLEM determines could compromise the integrity of an examination or distract examinees e Within 3 business days of completion of the examination Element s the COLEM must provide the results of the examination to the examinee and the COLEM must issue a PPC to an examinee who scores a passing grade on an examination Element f A PPC is valid for 365 days from the date it is issued 47 CFR 13 211 f enhanced display page 12 of 13 47 CFR Part 13 up to date as of 2 20 2024 47 CFR 13 213 Commercial Radio Operators 58 FR 9124 Feb 19 1993 as amended at 78 FR 23154 Apr 18 2013 13 213 COLEM qualifications No entity may serve as a COLEM unless it has entered into a written agreement with the FCC In order to be eligible to be a COLEM the entity must a Agree to abide by the terms of the agreement b Be capable of serving as a COLEM c Agree to coordinate examinations for one or more types of commercial radio operator licenses and or endorsements d Agree to assure that for any examination every examinee eligible under these rules is registered without regard to race sex religion national origin or membership or lack thereof in any organization e Agree to make any examination records available to the FCC upon request f Agree not to administer an examination to an employee relative or relative of an employee 13 215 Question pools The question pool for each written examination element will be composed of questions acceptable to the FCC Each question pool must contain at | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
least five 5 times the number of questions required for a single examination The FCC will issue public announcements detailing the questions in the pool for each element COLEMs must use only currently authorized through public notice or other appropriate means question pools when preparing a question set for a written examination element 73 FR 4479 Jan 25 2008 13 217 Records Each COLEM recovering fees from examinees must maintain records of expenses and revenues frequency of examinations administered and examination pass rates Records must cover the period from January 1 to December 31 of the preceding year and must be submitted as directed by the Commission Each COLEM must retain records for 3 years and the records must be made available to the FCC upon request 78 FR 23154 Apr 18 2013 47 CFR 13 217 enhanced display page 13 of 13 | corpus_data/corpus_txt/47-CFR-Part-13-_up-to-date-as-of-2-20-2024_.txt |
47 CFR Part 20 up to date as of 2 20 2024 47 CFR Part 20 Feb 20 2024 Commercial Mobile Services This content is from the eCFR and is authoritative but unofficial Title 47 Telecommunication Chapter I Federal Communications Commission Subchapter B Common Carrier Services Part 20 Commercial Mobile Services 20 1 Purpose 20 2 Other applicable rule parts 20 3 Definitions 20 5 Citizenship 20 6 CMRS spectrum aggregation limit 20 7 20 9 Reserved 20 11 Interconnection to facilities of local exchange carriers 20 12 Resale and roaming 20 13 State petitions for authority to regulate rates 20 15 Requirements under Title II of the Communications Act 20 18 Reserved 20 19 Hearing aid compatible mobile handsets 20 20 Conditions applicable to provision of CMRS service by incumbent Local Exchange Carriers 20 21 Signal boosters 20 22 Rules governing mobile spectrum holdings 20 23 Contraband wireless devices in correctional facilities PART 20 COMMERCIAL MOBILE SERVICES Authority 47 U S C 151 152 a 154 i 155 157 160 201 214 222 251 e 301 302 303 303 b 303 r 307 307 a 309 309 j 3 316 316 a 332 610 615 615a 615b and 615c unless otherwise noted Source 59 FR 18495 Apr 19 1994 unless otherwise noted 20 1 Purpose The purpose of these rules is to set forth the requirements and conditions applicable to commercial mobile radio service providers 20 2 Other applicable rule parts Other FCC rule parts applicable to licensees in the commercial mobile radio services include the following 47 CFR 20 2 enhanced display page 1 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 2 a Commercial Mobile Services a Part 1 This part includes rules of practice and procedure for | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
license applications adjudicatory proceedings procedures for reconsideration and review of the Commission s actions provisions concerning violation notices and forfeiture proceedings competitive bidding procedures and the environmental requirements that together with the procedures specified in 17 4 c of this chapter if applicable must be complied with prior to the initiation of construction Subpart F includes the rules for the Wireless Telecommunications Services and the procedures for filing electronically via the ULS b Part 2 This part contains the Table of Frequency Allocations and special requirements in international regulations recommendations agreements and treaties This part also contains standards and procedures concerning the marketing and importation of radio frequency devices and for obtaining equipment authorization c Part 9 This part contains 911 and E911 requirements applicable to telecommunications carriers and commercial mobile radio service CMRS providers 78 FR 21559 Apr 11 2013 as amended at 84 FR 66779 Dec 5 2019 20 3 Definitions Automatic Roaming With automatic roaming under a pre existing contractual agreement between a subscriber s home carrier and a host carrier a roaming subscriber is able to originate or terminate a call in the host carrier s service area without taking any special actions CIS Operator An operator of a CIS at a correctional facility whether a CIS solutions provider or a DCFO or responsible party that deploys its own CIS at a correctional facility Commercial mobile data service 1 Any mobile data service that is not interconnected with the public switched network and is i Provided for profit and ii Available to the public or to such classes of eligible users as to be effectively available to the public 2 Commercial mobile data service includes services provided by Mobile Satellite Services and Ancillary Terrestrial Component providers to the extent the services provided meet this definition Commercial | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
mobile radio service A mobile service that is a 1 provided for profit i e with the intent of receiving compensation or monetary gain 2 An interconnected service and 3 Available to the public or to such classes of eligible users as to be effectively available to a substantial portion of the public or b The functional equivalent of such a mobile service described in paragraph a of this definition c A variety of factors may be evaluated to make a determination whether the mobile service in question is the functional equivalent of a commercial mobile radio service including Consumer demand for the service to determine whether the service is closely substitutable for a commercial 47 CFR 20 3 Commercial mobile radio service c enhanced display page 2 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 3 Commercial mobile radio service d Commercial Mobile Services mobile radio service whether changes in price for the service under examination or for the comparable commercial mobile radio service would prompt customers to change from one service to the other and market research information identifying the targeted market for the service under review d Unlicensed radio frequency devices under part 15 of this chapter are excluded from this definition of Commercial mobile radio service Consumer Signal Booster A bi directional signal booster that is marketed and sold for use without modification Contraband Interdiction System A Contraband Interdiction System CIS is any system comprised of one or more stations that is used only at a permanent correctional facility that is authorized to operate such systems pursuant to this part and that is designed exclusively to prevent transmissions to or from contraband wireless devices within the boundaries of the facility and or to obtain identifying information from | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
such contraband wireless devices Designated Correctional Facility Official A Designated Correctional Facility Official DCFO is an official of the state local or Federal government responsible for administration and oversight of the relevant correctional facility where a contraband wireless device is located 1 In government run correctional facilities this definition requires the DCFO to be at a minimum the official with responsibility for oversight of the relevant facility e g the warden or higher ranking official 2 In privately run correctional facilities this definition requires the DCFO to be a government official with responsibility for oversight of the facility s performance through contract Fixed Consumer Signal Booster A Consumer Signal Booster designed to be operated in a fixed location in a building Host Carrier For automatic roaming the host carrier is a facilities based CMRS carrier on whose system another carrier s subscriber roams A facilities based CMRS carrier may on behalf of its subscribers request automatic roaming service from a host carrier Incumbent Wide Area SMR Licensees Licensees who have obtained extended implementation authorizations in the 800 MHz or 900 MHz service either by waiver or under Section 90 629 of these rules and who offer real time two way voice service that is interconnected with the public switched network Industrial Signal Booster All signal boosters other than Consumer Signal Boosters Interconnection or Interconnected Direct or indirect connection through automatic or manual means by wire microwave or other technologies such as store and forward to permit the transmission or reception of messages or signals to or from points in the public switched network Interconnected Service A service a That is interconnected with the public switched network or interconnected with the public switched network through an interconnected service provider that gives subscribers the capability to communicate to or receive communication from | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
all other users on the public switched network or b For which a request for such interconnection is pending pursuant to section 332 c 1 B of the Communications Act 47 U S C 332 c 1 B A mobile service offers interconnected service even if the service allows subscribers to access the public switched network only during specified hours of the day or if the service provides general access to points on the public switched network but also 47 CFR 20 3 Interconnected Service b enhanced display page 3 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 3 Managed Access System Commercial Mobile Services restricts access in certain limited ways Interconnected service does not include any interface between a licensee s facilities and the public switched network exclusively for a licensee s internal control purposes Managed Access System A Managed Access System MAS is a Contraband Interdiction System whose operations require 1 One or more lease agreements with CMRS operators and 2 Real time awareness of wireless provider spectrum use in the vicinity of the correctional facility where it is deployed Manual Roaming With manual roaming a subscriber must establish a relationship with the host carrier on whose system he or she wants to roam in order to make a call Typically the roaming subscriber accomplishes this in the course of attempting to originate a call by giving a valid credit card number to the carrier providing the roaming service Mobile Consumer Signal Booster A Consumer Signal Booster designed to operate in a moving vehicle where both uplink and downlink transmitting antennas are at least 20 cm from the user or any other person Mobile Service A radio communication service carried on between mobile stations or receivers and land stations | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
and by mobile stations communicating among themselves and includes a Both one way and two way radio communications services b A mobile service which provides a regularly interacting group of base mobile portable and associated control and relay stations whether licensed on an individual cooperative or multiple basis for private one way or two way land mobile radio communications by eligible users over designated areas of operation and c Any service for which a license is required in a personal communications service under part 24 of this chapter Non individual A non individual is a partnership and each partner is eighteen years of age or older a corporation an association a state territorial or local government unit or a legal entity Private mobile radio service A mobile service that meets neither the paragraph a nor paragraph b definitions of commercial mobile radio service set forth in this section A mobile service that does not meet the paragraph a definition of commercial mobile radio service in this section is presumed to be a private mobile radio service Private mobile radio service includes the following a Not for profit land mobile radio and paging services that serve the licensee s internal communications needs as defined in part 90 of this chapter Shared use cost sharing or cooperative arrangements multiple licensed systems that use third party managers or users combining resources to meet compatible needs for specialized internal communications facilities in compliance with the safeguards of 90 179 of this chapter are presumptively private mobile radio services b Mobile radio service offered to restricted classes of eligible users This includes entities eligible in the Public Safety Radio Pool and Radiolocation service c 220 222 MHz land mobile service and Automatic Vehicle Monitoring systems part 90 of this chapter that do not offer interconnected | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
service or that are not for profit and 47 CFR 20 3 Private mobile radio service c enhanced display page 4 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 3 Private mobile radio service d Commercial Mobile Services d Personal Radio Services under part 95 of this chapter General Mobile Services Radio Control Radio Services and Citizens Band Radio Services Maritime Service Stations excluding Public Coast stations part 80 of this chapter and Aviation Service Stations part 87 of this chapter Provider Specific Consumer Signal Boosters Provider Specific Consumer Signal Boosters may only operate on the frequencies and in the market areas of the specified licensee s Provider Specific Consumer Signal Boosters may only be certificated and operated with the consent of the licensee s whose frequencies are being amplified by the device Public Switched Network Any common carrier switched network whether by wire or radio including local exchange carriers interexchange carriers and mobile service providers that uses the North American Numbering Plan in connection with the provision of switched services Signal booster A device that automatically receives amplifies and retransmits on a bi or unidirectional basis the signals received from base fixed mobile or portable stations with no change in frequency or authorized bandwidth Signal booster operator The signal booster operator is the person or persons with control over the functioning of the signal booster or the person or persons with the ability to deactivate it in the event of technical malfunctioning or harmful interference to a primary radio service Wideband Consumer Signal Boosters Wideband Consumer Signal Boosters may operate on the frequencies and in the market areas of multiple licensees 59 FR 18495 Apr 19 1994 Editorial Note For FEDERAL REGISTER citations affecting 20 3 see the List of | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
CFR Sections Affected which appears in the Finding Aids section of the printed volume and at www govinfo gov 20 5 Citizenship a This rule implements section 310 of the Communications Act 47 U S C 310 regarding the citizenship of licensees in the commercial mobile radio services Commercial mobile radio service authorizations may not be granted to or held by 1 Any foreign government or any representative thereof 2 Any alien or the representative of any alien 3 Any corporation organized under the laws of any foreign government 4 Any corporation of which more than one fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country or 5 Any corporation directly or indirectly controlled by any other corporation of which more than one fourth of the capital stock is owned of record or voted by aliens their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country if the Commission finds that the public interest will be served by the refusal or revocation of such license 47 CFR 20 5 a 5 enhanced display page 5 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 5 b Commercial Mobile Services b The limits listed in paragraph a of this section may be exceeded by eligible individuals who held ownership interests on May 24 1993 pursuant to the waiver provisions established in section 332 c 6 of the Communications Act Transfers of ownership to any other person in violation of paragraph a of this section are prohibited 59 FR 18495 Apr 19 1994 as amended | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
at 61 FR 55580 Oct 28 1996 20 6 CMRS spectrum aggregation limit a Spectrum limitation No licensee in the broadband PCS cellular or SMR services including all parties under common control regulated as CMRS see 47 CFR 20 9 shall have an attributable interest in a total of more than 55 MHz of licensed broadband PCS cellular and SMR spectrum regulated as CMRS with significant overlap in any geographic area b SMR spectrum To calculate the amount of attributable SMR spectrum for purposes of paragraph a of this section an entity must count all 800 MHz and 900 MHz channels located at any SMR base station inside the geographic area MTA or BTA where there is significant overlap All 800 MHz channels located on at least one of those identified base stations count as 50 kHz 25 kHz paired and all 900 MHz channels located on at least one of those identified base stations count as 25 kHz 12 5 kHz paired provided that any discrete 800 or 900 MHz channel shall be counted only once per licensee within the geographic area even if the licensee in question utilizes the same channel at more than one location within the relevant geographic area No more than 10 MHz of SMR spectrum in the 800 and 900 MHz SMR services will be attributed to an entity when determining compliance with the cap c Significant overlap 1 For purposes of paragraph a of this section significant overlap of a PCS licensed service area and CGSA s as defined in 22 911 of this chapter or SMR service area s occurs when at least 10 percent of the population of the PCS licensed service area for the counties contained therein as determined by the latest available decennial census figures as complied by the | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
Bureau of the Census is within the CGSA s and or SMR service area s 2 The Commission shall presume that an SMR service area covers less than 10 percent of the population of a PCS service area if none of the base stations of the SMR licensee are located within the PCS service area For an SMR licensee s base stations that are located within a PCS service area the channels licensed at those sites will be presumed to cover 10 percent of the population of the PCS service area unless the licensee shows that its protected service contour for all of its base stations covers less than 10 percent of the population of the PCS service area d Ownership attribution For purposes of paragraph a of this section ownership and other interests in broadband PCS licensees cellular licensees or SMR licensees will be attributed to their holders pursuant to the following criteria 1 Controlling interest shall be attributable Controlling interest means majority voting equity ownership any general partnership interest or any means of actual working control including negative control over the operation of the licensee in whatever manner exercised 2 Partnership and other ownership interests and any stock interest amounting to 20 percent or more of the equity or outstanding stock or outstanding voting stock of a broadband PCS cellular or SMR licensee shall be attributed except that ownership will not be attributed unless the partnership and other ownership interests and any stock interest amount to at least 40 percent of the equity or 47 CFR 20 6 d 2 enhanced display page 6 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 6 d 3 Commercial Mobile Services outstanding stock or outstanding voting stock of a broadband PCS cellular | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
or SMR licensee if the ownership interest is held by a small business or a rural telephone company as these terms are defined in 1 2110 of this chapter or other related provisions of the Commission s rules or if the ownership interest is held by an entity with a non controlling equity interest in a broadband PCS licensee or applicant that is a small business 3 Investment companies as defined in 15 U S C 80a 3 insurance companies and banks holding stock through their trust departments in trust accounts will be considered to have an attributable interest only if they hold 40 percent or more of the outstanding voting stock of a corporate broadband PCS cellular or SMR licensee or if any of the officers or directors of the broadband PCS cellular or SMR licensee are representatives of the investment company insurance company or bank concerned Holdings by a bank or insurance company will be aggregated if the bank or insurance company has any right to determine how the stock will be voted Holdings by investment companies will be aggregated if under common management 4 Non voting stock shall be attributed as an interest in the issuing entity if in excess of the amounts set forth in paragraph d 2 of this section 5 Debt and instruments such as warrants convertible debentures options or other interests except non voting stock with rights of conversion to voting interests shall not be attributed unless and until converted except that this provision does not apply in determining whether an entity is a small business a rural telephone company or a business owned by minorities and or women as these terms are defined in 1 2110 of this chapter or other related provisions of the Commission s rules 6 Limited partnership interests | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
shall be attributed to limited partners and shall be calculated according to both the percentage of equity paid in and the percentage of distribution of profits and losses 7 Officers and directors of a broadband PCS licensee or applicant cellular licensee or SMR licensee shall be considered to have an attributable interest in the entity with which they are so associated The officers and directors of an entity that controls a broadband PCS licensee or applicant a cellular licensee or an SMR licensee shall be considered to have an attributable interest in the broadband PCS licensee or applicant cellular licensee or SMR licensee 8 Ownership interests that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product except that if the ownership percentage for an interest in any link in the chain exceeds 50 percent or represents actual control it shall be treated as if it were a 100 percent interest For example if A owns 20 of B and B owns 40 of licensee C then A s interest in licensee C would be 8 If A owns 20 of B and B owns 51 of licensee C then A s interest in licensee C would be 20 because B s ownership of C exceeds 50 9 Any person who manages the operations of a broadband PCS cellular or SMR licensee pursuant to a management agreement shall be considered to have an attributable interest in such licensee if such person or its affiliate has authority to make decisions or otherwise engage in practices or activities that determine or significantly influence i The nature or types of services offered | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
by such licensee ii The terms upon which such services are offered or iii The prices charged for such services 47 CFR 20 6 d 9 iii enhanced display page 7 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 6 d 10 Commercial Mobile Services 10 Any licensee or its affiliate who enters into a joint marketing arrangements with a broadband PCS cellular or SMR licensee or its affiliate shall be considered to have an attributable interest if such licensee or its affiliate has authority to make decisions or otherwise engage in practices or activities that determine or significantly influence i The nature or types of services offered by such licensee ii The terms upon which such services are offered or iii The prices charged for such services e Divestiture 1 Divestiture of interests as a result of a transfer of control or assignment of authorization must occur prior to consummating the transfer or assignment except that a licensee that meets the requirements set forth in paragraph e 2 of this section shall have 90 days from final grant to come into compliance with the spectrum aggregation limit 2 An applicant with i Controlling or attributable ownership interests in broadband PCS cellular and or SMR licenses where the geographic license areas cover 20 percent or less of the applicant s service area population ii Attributable interests in broadband PCS cellular and or SMR licenses solely due to management agreements or joint marketing agreements or iii Non controlling attributable interests in broadband PCS cellular and or SMR licenses regardless of the degree to which the geographic license areas cover the applicant s service area population shall be eligible to have its application granted subject to a condition that the licensee shall come | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
into compliance with the spectrum limitation set out in paragraph a within ninety 90 days after final grant For purposes of this paragraph a non controlling attributable interest is one in which the holder has less than a fifty 50 percent voting interest and there is an unaffiliated single holder of a fifty 50 percent or greater voting interest 3 The applicant for a license that if granted would exceed the spectrum aggregation limitation in paragraph a of this section shall certify on its application that it and all parties to the application will come into compliance with this limitation If such an applicant is a successful bidder in an auction it must submit with its long form application a signed statement describing its efforts to date and future plans to come into compliance with the spectrum aggregation limitation A similar statement must also be included with any application for assignment of licenses or transfer of control that if granted would exceed the spectrum aggregation limit 4 i Parties holding controlling interests in broadband PCS cellular and or SMR licensees that conflict with the attribution threshold or geographic overlap limitations set forth in this section will be considered to have come into compliance if they have submitted to the Commission an application for assignment of license or transfer of control of the conflicting licensee see 1 948 of this chapter see also 24 839 of this chapter PCS by which if granted such parties no longer would have an attributable interest in the conflicting license Divestiture may be to an interim trustee if a buyer has not been secured in the required period of time as long as the applicant has no interest in or control of the trustee and the trustee may dispose of the license 47 CFR 20 | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
6 e 4 i enhanced display page 8 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 6 e 4 ii Commercial Mobile Services as it sees fit Where parties to broadband PCS cellular or SMR applications hold less than controlling but still attributable interests in broadband PCS cellular or SMR licensee s they shall submit a certification that the applicant and all parties to the application have come into compliance with the limitations on spectrum aggregation set forth in this section ii Applicants that meet the requirements of paragraph e 2 of this section must tender to the Commission within ninety 90 days of final grant of the initial license such an assignment or transfer application or in the case of less than controlling but still attributable interests a written certification that the applicant and all parties to the application have come into compliance with the limitations on spectrum aggregation set forth in this section If no such transfer or assignment application or certification is tendered to the Commission within ninety 90 days of final grant of the initial license the Commission may consider the certification and the divestiture statement to be material bad faith misrepresentations and shall invoke the condition on the initial license or the assignment or transfer cancelling or rescinding it automatically shall retain all monies paid to the Commission and based on the facts presented shall take any other action it may deem appropriate f Sunset This rule section shall cease to be effective January 1 2003 Note 1 to 20 6 For purposes of the ownership attribution limit all ownership interests in operations that serve at least 10 percent of the population of the PCS service area should be included in determining the extent of a | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
PCS applicant s cellular or SMR ownership Note 2 to 20 6 When a party owns an attributable interest in more than one cellular or SMR system that overlaps a PCS service area the total population in the overlap area will apply on a cumulative basis Note 3 to 20 6 Waivers of 20 6 d may be granted upon an affirmative showing 1 That the interest holder has less than a 50 percent voting interest in the licensee and there is an unaffiliated single holder of a 50 percent or greater voting interest 2 That the interest holder is not likely to affect the local market in an anticompetitive manner 3 That the interest holder is not involved in the operations of the licensee and does not have the ability to influence the licensee on a regular basis and 4 That grant of a waiver is in the public interest because the benefits to the public of common ownership outweigh any potential anticompetitive harm to the market 64 FR 54574 Oct 7 1999 as amended at 67 FR 1642 Jan 14 2002 20 7 20 9 Reserved 47 CFR 20 7 20 9 enhanced display page 9 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 11 Commercial Mobile Services 20 11 Interconnection to facilities of local exchange carriers a A local exchange carrier must provide the type of interconnection reasonably requested by a mobile service licensee or carrier within a reasonable time after the request unless such interconnection is not technically feasible or economically reasonable Complaints against carriers under section 208 of the Communications Act 47 U S C 208 alleging a violation of this section shall follow the requirements of 1 711 1 734 of this chapter 47 CFR | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
1 711 1 734 b Local exchange carriers and commercial mobile radio service providers shall exchange Non Access Telecommunications Traffic as defined in 51 701 of this chapter under a bill and keep arrangement as defined in 51 713 of this chapter unless they mutually agree otherwise c Local exchange carriers and commercial mobile radio service providers shall also comply with applicable provisions of part 51 of this chapter d Local exchange carriers may not impose compensation obligations for traffic not subject to access charges upon commercial mobile radio service providers pursuant to tariffs e An incumbent local exchange carrier may request interconnection from a commercial mobile radio service provider and invoke the negotiation and arbitration procedures contained in section 252 of the Act A commercial mobile radio service provider receiving a request for interconnection must negotiate in good faith and must if requested submit to arbitration by the state commission 59 FR 18495 Apr 19 1994 as amended at 61 FR 45619 Aug 29 1996 70 FR 16145 Mar 30 2005 76 FR 73852 Nov 29 2011 77 FR 1640 Jan 11 2012 20 12 Resale and roaming a 1 Scope of manual roaming and resale Paragraph c of this section is applicable to providers of Broadband Personal Communications Services part 24 subpart E of this chapter Cellular Radio Telephone Service part 22 subpart H of this chapter Specialized Mobile Radio Services in the 800 MHz and 900 MHz bands included in part 90 subpart S of this chapter and 900 MHz Broadband Service included in part 27 subpart P of this chapter if such providers offer real time two way switched voice or data service that is interconnected with the public switched network and utilizes an in network switching facility that enables the provider to re use frequencies | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
and accomplish seamless hand offs of subscriber calls The scope of paragraph b of this section concerning the resale rule is further limited so as to exclude from the requirements of that paragraph those Broadband Personal Communications Services C D E and F block licensees that do not own and control and are not owned and controlled by firms also holding cellular A or B block licenses 2 Scope of automatic roaming Paragraph d of this section is applicable to CMRS carriers if such carriers offer real time two way switched voice or data service that is interconnected with the public switched network and utilizes an in network switching facility that enables the carrier to re use frequencies and accomplish seamless hand offs of subscriber calls Paragraph d of this section is also applicable to the provision of push to talk and text messaging service by CMRS carriers 3 Scope of offering roaming arrangements for commercial mobile data services Paragraph e of this section is applicable to all facilities based providers of commercial mobile data services b Resale The resale rule is applicable as follows 47 CFR 20 12 b enhanced display page 10 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 12 b 1 Commercial Mobile Services 1 Each carrier subject to paragraph b of this section shall not restrict the resale of its services unless the carrier demonstrates that the restriction is reasonable 2 The resale requirement shall not apply to customer premises equipment whether or not it is bundled with services subject to the resale requirement in this paragraph 3 This paragraph shall cease to be effective five years after the last group of initial licenses for broadband PCS spectrum in the 1850 1910 and the 1930 1990 | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
MHz bands is awarded i e at the close of November 24 2002 c Manual roaming Each carrier subject to paragraph a 1 of this section must provide mobile radio service upon request to all subscribers in good standing to the services of any carrier subject to paragraph a 1 of this section including roamers while such subscribers are located within any portion of the licensee s licensed service area where facilities have been constructed and service to subscribers has commenced if such subscribers are using mobile equipment that is technically compatible with the licensee s base stations d Automatic roaming Upon a reasonable request it shall be the duty of each host carrier subject to paragraph a 2 of this section to provide automatic roaming to any technologically compatible facilities based CMRS carrier on reasonable and not unreasonably discriminatory terms and conditions pursuant to Sections 201 and 202 of the Communications Act 47 U S C 201 and 202 The Commission shall presume that a request by a technologically compatible CMRS carrier for automatic roaming is reasonable pursuant to Sections 201 and 202 of the Communications Act 47 U S C 201 and 202 This presumption may be rebutted on a case by case basis The Commission will resolve automatic roaming disputes on a case by case basis taking into consideration the totality of the circumstances presented in each case e Offering roaming arrangements for commercial mobile data services 1 A facilities based provider of commercial mobile data services is required to offer roaming arrangements to other such providers on commercially reasonable terms and conditions subject to the following limitations i Providers may negotiate the terms of their roaming arrangements on an individualized basis ii It is reasonable for a provider not to offer a data roaming arrangement to | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
a requesting provider that is not technologically compatible iii It is reasonable for a provider not to offer a data roaming arrangement where it is not technically feasible to provide roaming for the particular data service for which roaming is requested and any changes to the host provider s network necessary to accommodate roaming for such data service are not economically reasonable iv It is reasonable for a provider to condition the effectiveness of a roaming arrangement on the requesting provider s provision of mobile data service to its own subscribers using a generation of wireless technology comparable to the technology on which the requesting provider seeks to roam 2 A party alleging a violation of this section may file a formal or informal complaint pursuant to the procedures in 1 716 through 1 718 1 720 1 721 and 1 723 through 1 735 of this chapter which sections are incorporated herein For purposes of 20 12 e references to a carrier or common carrier in the formal and informal complaint procedures incorporated herein will mean a provider of commercial mobile data services The Commission will resolve such disputes on a case by case 47 CFR 20 12 e 2 enhanced display page 11 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 13 Commercial Mobile Services basis taking into consideration the totality of the circumstances presented in each case The remedy of damages shall not be available in connection with any complaint alleging a violation of this section Whether the appropriate procedural vehicle for a dispute is a complaint under this paragraph or a petition for declaratory ruling under 1 2 of this chapter may vary depending on the circumstances of each case 64 FR 61027 Nov 9 1999 as | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
amended at 65 FR 58482 Sept 29 2000 72 FR 50074 Aug 30 2007 75 FR 22276 Apr 28 2010 76 FR 26220 May 6 2011 85 FR 43134 July 16 2020 20 13 State petitions for authority to regulate rates a States may petition for authority to regulate the intrastate rates of any commercial mobile radio service The petition must include the following 1 Demonstrative evidence that market conditions in the state for commercial mobile radio services do not adequately protect subscribers to such services from unjust and unreasonable rates or rates that are unjustly or unreasonably discriminatory Alternatively a state s petition may include demonstrative evidence showing that market conditions for commercial mobile radio services do not protect subscribers adequately from unjust and unreasonable rates or rates that are unjustly or unreasonably discriminatory and that a substantial portion of the commercial mobile radio service subscribers in the state or a specified geographic area have no alternative means of obtaining basic telephone service This showing may include evidence of the range of basic telephone service alternatives available to consumers in the state 2 The following is a non exhaustive list of examples of the types of evidence information and analysis that may be considered pertinent to determine market conditions and consumer protection by the Commission in reviewing any petition filed by a state under this section i The number of commercial mobile radio service providers in the state the types of services offered by commercial mobile radio service providers in the state and the period of time that these providers have offered service in the state ii The number of customers of each commercial mobile radio service provider in the state trends in each provider s customer base during the most recent annual period or other data covering another | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
reasonable period if annual data is unavailable and annual revenues and rates of return for each commercial mobile radio service provider iii Rate information for each commercial mobile radio service provider including trends in each provider s rates during the most recent annual period or other data covering another reasonable period if annual data is unavailable iv An assessment of the extent to which services offered by the commercial mobile radio service providers the state proposes to regulate are substitutable for services offered by other carriers in the state v Opportunities for new providers to enter into the provision of competing services and an analysis of any barriers to such entry vi Specific allegations of fact supported by affidavit of person with personal knowledge regarding anti competitive or discriminatory practices or behavior by commercial mobile radio service providers in the state 47 CFR 20 13 a 2 vi enhanced display page 12 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 13 a 2 vii Commercial Mobile Services vii Evidence information and analysis demonstrating with particularity instances of systematic unjust and unreasonable rates or rates that are unjust or unreasonably discriminatory imposed upon commercial mobile radio service subscribers Such evidence should include an examination of the relationship between rates and costs Additionally evidence of a pattern of such rates that demonstrates the inability of the commercial mobile radio service marketplace in the state to produce reasonable rates through competitive forces will be considered especially probative and viii Information regarding customer satisfaction or dissatisfaction with services offered by commercial mobile radio service providers including statistics and other information about complaints filed with the state regulatory commission 3 Petitions must include a certification that the state agency filing the petition is the duly authorized | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
state agency responsible for the regulation of telecommunication services provided in the state 4 Petitions must identify and describe in detail the rules the state proposes to establish if the petition is granted 5 States have the burden of proof Interested parties may file comments in support or in opposition to the petition within 30 days after public notice of the filing of a petition by a state under this section Any interested party may file a reply within 15 days after the expiration of the filing period for comments No additional pleadings may be filed Except for 1 45 of this chapter practice and procedure rules contained in 1 42 1 52 of this chapter shall apply The provisions of 1 771 1 773 of this chapter do not apply 6 The Commission shall act upon any petition filed by a state under this paragraph not later than the end of the nine month period after the filing of the petition 7 If the Commission grants the petition it shall authorize the state to regulate rates for commercial mobile radio services in the state during a reasonable period of time as specified by the Commission The period of time specified by the Commission will be that necessary to ensure that rates are just and reasonable or not unjustly or unreasonably discriminatory b States that regulated rates for commercial mobile services as of June 1 1993 may petition the Commission under this section before August 10 1994 to extend this authority 1 The petition will be acted upon by the Commission in accordance with the provisions of paragraphs a 1 through a 5 of this section 2 The Commission shall act upon the petition including any reconsideration not later than the end of the 12 month period following the date | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
of the filing of the petition by the state involved Commercial mobile radio service providers offering such service in the state shall comply with the existing regulations of the state until the petition and any reconsideration of the petition are acted upon by the Commission 3 The provisions of paragraph a 7 of this section apply to any petition granted by the Commission under this paragraph c No sooner than 18 months from grant of authority by the Commission under this section for state rate regulations any interested party may petition the Commission for an order to discontinue state authority for rate regulation 47 CFR 20 13 c enhanced display page 13 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 13 c 1 Commercial Mobile Services 1 Petitions to discontinue state authority for rate regulation must be based on recent empirical data or other significant evidence demonstrating that the exercise of rate authority by a state is no longer necessary to ensure that the rates for commercial mobile are just and reasonable or not unjustly or unreasonably discriminatory 2 Any interested party may file comments in support of or in opposition to the petition within 30 days after public notice of the filing of the petition Any interested party may file a reply within 15 days after the time for filing comments has expired No additional pleadings may be filed Except for 1 45 of this chapter practice and procedure rules contained in 1 42 1 52 of this chapter apply The provisions of 1 771 1 773 of this chapter do not apply 3 The Commission shall act upon any petition filed by any interested party under this paragraph within nine months after the filing of the petition 20 15 | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
Requirements under Title II of the Communications Act a Commercial mobile radio services providers to the extent applicable must comply with sections 201 202 206 207 208 209 216 217 223 225 226 227 and 228 of the Communications Act 47 U S C 201 202 206 207 208 209 216 217 223 225 226 227 228 part 68 of this chapter 47 CFR part 68 and 1 701 1 748 and 1 815 of this chapter 47 CFR 1 701 1 748 1 815 b Commercial mobile radio service providers are not required to 1 File with the Commission copies of contracts entered into with other carriers or comply with other reporting requirements or with 1 781 through 1 814 and 43 21 of this chapter except that commercial radio service providers that are facilities based providers of broadband service or facilities based providers of mobile telephony service as described in 1 7001 b 1 and 3 of this chapter are required to file reports pursuant to 1 7000 1 7002 of this chapter For purposes of this section mobile telephony is defined as real time two way switched voice service that is interconnected with the public switched network utilizing an in network switching facility that enables the provider to reuse frequencies and accomplish seamless handoff of subscriber calls 2 Seek authority for interlocking directors section 212 of the Communications Act 3 Submit applications for new facilities or discontinuance of existing facilities section 214 of the Communications Act c Commercial mobile radio service providers shall not file tariffs for international and interstate service to their customers interstate access service or international and interstate operator service Sections 1 771 through 1 773 and part 61 of this chapter are not applicable to international and interstate services provided by commercial mobile | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
radio service providers Commercial mobile radio service providers shall cancel tariffs for international and interstate service to their customers interstate access service and international and interstate operator service d Except as specified as in paragraphs d 1 and 2 nothing in this section shall be construed to modify the Commission s rules and policies on the provision of international service under part 63 of this chapter 1 Notwithstanding the provisions of 63 21 c of this chapter a commercial mobile radio service provider is not required to comply with 42 10 of this chapter 2 A commercial mobile radio service CMRS provider that is classified as dominant under 63 10 of this chapter due to an affiliation with a foreign carrier is required to comply with 42 11 of this chapter if the affiliated foreign carrier collects settlement payments from U S carriers for 47 CFR 20 15 d 2 enhanced display page 14 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 15 d 3 Commercial Mobile Services terminating U S international switched traffic at the foreign end of the route Such a CMRS provider is not required to comply with 42 11 however if it provides service on the affiliated route solely through the resale of an unaffiliated facilities based provider s international switched services 3 For purposes of paragraphs d 1 and 2 of this section affiliated and foreign carrier are defined in 63 09 of this Chapter e For obligations of commercial mobile radio service providers to provide local number portability see 52 1 of this chapter 59 FR 18495 Apr 19 1994 as amended at 61 FR 38637 July 25 1996 63 FR 43040 Aug 11 1998 65 FR 19685 Apr 12 2000 65 FR 24654 Apr | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
27 2000 66 FR 16879 Mar 28 2001 69 FR 77938 Dec 29 2004 85 FR 838 Jan 8 2020 20 18 Reserved 20 19 Hearing aid compatible mobile handsets a Definitions For purposes of this section 2007 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies between 800 MHz and 3 GHz as set forth in ANSI C63 19 2007 2011 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies between 698 MHz and 6 GHz as set forth in ANSI C63 19 2011 2019 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies between 614 MHz and 6 GHz as set forth in ANSI C63 19 2019 ANSI standard refers to the 2007 2011 and 2019 ANSI standards as a group Any version of the ANSI standard previous to the 2019 ANSI standard refers to the 2007 and 2011 ANSI standards Digital mobile service refers to a terrestrial mobile service that enables two way real time voice communications among members of the public or a substantial portion of the public including both interconnected and non interconnected voice over internet protocol VoIP services to the extent that such service is provided over frequencies specified in the 2007 ANSI standard 2011 ANSI standard or the 2019 ANSI standard Handset refers to a device used in delivery of digital mobile service in the United States that contains a built in speaker and is typically held to the ear in any of its ordinary uses Manufacturer refers to a manufacturer of handsets that are used in delivery of digital mobile service as defined in this section in the United States Model refers to a wireless handset device that a manufacturer has designated as a distinct device model | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
consistent with its own marketing practices However if a manufacturer assigns different model device designations solely to distinguish units sold to different carriers or to signify other distinctions that do not relate to either form features or capabilities such designations shall not count as distinct models for purposes of this section Service provider refers to a provider of digital mobile service as defined in this section in the United States Tier I carrier refers to a CMRS provider that offers such service nationwide 47 CFR 20 19 a Tier I carrier enhanced display page 15 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 19 a Volume control requirements Commercial Mobile Services Volume control requirements refers to the technical standard established by ANSI TIA 5050 2018 b Hearing aid compatibility technical standards 1 Handset compatibility on or after June 5 2023 In order to satisfy a manufacturer or service provider s obligations under paragraphs c and d of this section a handset submitted for equipment certification or for a permissive change relating to hearing aid compatibility on or after June 5 2023 must meet the 2019 ANSI standard 2 Handset compatibility before June 5 2023 In order to satisfy a manufacturer or service provider s obligations under paragraphs c and d of this section a handset submitted for equipment certification or for a permissive change relating to hearing aid compatibility before June 5 2023 must meet either i At a minimum the M3 and T3 ratings associated with the 2011 ANSI standard or ii The 2019 ANSI standard 3 Handsets operating over multiple frequency bands or air interfaces i Beginning on June 5 2023 a handset is hearing aid compatible if it meets the 2019 ANSI standard for all frequency bands that | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
are specified in the ANSI standard and all air interfaces over which it operates on those frequency bands and the handset has been certified as compliant with the test requirements for the 2019 ANSI standard pursuant to 2 1033 d of this chapter ii Before June 5 2023 a handset that uses only the frequencies specified in the 2011 ANSI standard is hearing aid compatible with regard to radio frequency interference and inductive coupling if it meets the 2011 ANSI standard for all frequency bands and air interfaces over which it operates and the handset has been certified as compliant with the test requirements for the 2011 ANSI standard pursuant to 2 1033 d of this chapter Before June 5 2023 a handset that incorporates operations outside the frequencies specified in the 2011 ANSI standard is hearing aid compatible if the handset otherwise satisfies the requirements of this paragraph b 4 Factual questions All factual questions of whether a handset meets the technical standard s of this paragraph b shall be referred for resolution to the Chief Office of Engineering and Technology Federal Communications Commission 45 L Street NE Washington DC 20554 5 Certification A handset certified under any version of the ANSI standard previous to the 2019 ANSI standard remains hearing aid compatible for purposes of this section c Phase in of hearing aid compatibility requirements The following applies to each manufacturer and service provider that offers handsets used to deliver the services specified in paragraph a of this section and that does not fall within the de minimis exception set forth in paragraph e of this section 1 Manufacturers Number of hearing aid compatible handset models offered For each digital air interface for which it offers handsets in the United States or imported for use in the United | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
States each manufacturer must offer hearing aid compatible handsets as follows i Beginning October 3 2018 at least sixty six 66 percent of those handset models rounded down to the nearest whole number must be hearing aid compatible under paragraph b of this section 47 CFR 20 19 c 1 i enhanced display page 16 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 19 c 1 ii Commercial Mobile Services ii Beginning October 4 2021 at least eighty five 85 percent of those handset models rounded down to the nearest whole number must be hearing aid compatible under paragraph b of this section 2 Tier I carriers Number of hearing aid compatible handsets models offered For each digital air interface for which it offers handsets to customers each Tier I carrier must i Beginning April 3 2019 ensure that at least sixty six 66 percent of the handset models it offers are hearing aid compatible under paragraph b of this section calculated based on the total number of unique handset models the carrier offers nationwide ii Beginning April 4 2022 ensure that at least eighty five 85 percent of the handset models it offers are hearing aid compatible under paragraph b of this section calculated based on the total number of unique handset models the carrier offers nationwide 3 Service providers other than Tier I carriers Number of hearing aid compatible handsets models offered For each digital air interface for which it offers handsets to customers each service provider other than a Tier I carrier must i Beginning April 3 2020 ensure that at least sixty six 66 percent of the handset models it offers are hearing aid compatible under paragraph b of this section calculated based on the total number | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
of unique handset models the carrier offers ii Beginning April 3 2023 ensure that at least eighty five 85 percent of the handset models it offers are hearing aid compatible under paragraph b of this section calculated based on the total number of unique handset models the carrier offers 4 In store testing All service providers must make available for consumers to test in each retail store owned or operated by the service provider all of its handset models that are hearing aid compatible under paragraph b of this section d Reserved e De minimis exception 1 i Manufacturers or service providers that offer two or fewer handsets in an air interface in the United States are exempt from the requirements of this section in connection with that air interface except with regard to the reporting and certification requirements in paragraph i of this section Service providers that obtain handsets only from manufacturers that offer two or fewer handset models in an air interface in the United States are likewise exempt from the requirements of this section other than paragraph i of this section in connection with that air interface ii Notwithstanding paragraph e 1 i of this section manufacturers that have had more than 750 employees for at least two years and service providers that have had more than 1500 employees for at least two years and that have been offering handsets over an air interface for at least two years that offer one or two handsets in that air interface in the United States must offer at least one handset model that is hearing aid compatible under paragraph b of this section in that air interface Service providers that obtain handsets only from manufacturers that offer one or two handset models in an air interface in the United | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
States and that have had more than 750 employees for at least two years and have offered handsets over that air 47 CFR 20 19 e 1 ii enhanced display page 17 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 19 e 2 Commercial Mobile Services interface for at least two years are required to offer at least one handset model in that air interface that is hearing aid compatible under paragraph b of this section For purposes of this paragraph e 1 ii employees of a parent subsidiary or affiliate company under common ownership or control with a manufacturer or service provider are considered employees of the manufacturer or service provider Manufacturers and service providers covered by this paragraph e 1 ii must also comply with all other requirements of this section 2 Manufacturers or service providers that offer three handset models in an air interface must offer at least one handset model that is hearing aid compatible under paragraph b of this section in that air interface Service providers that obtain handsets only from manufacturers that offer three handset models in an air interface in the United States are required to offer at least one handset model in that air interface that is hearing aid compatible under paragraph b of this section 3 Manufacturers that offer four or five handset models in an air interface must offer at least two handset models that are hearing aid compatible under paragraph b of this section in that air interface Tier I carriers who offer four handset models in an air interface must offer at least two handsets that are hearing aid compatible under paragraph b of this section in that air interface and Tier I carriers who offer five handset models | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
in an air interface must offer at least three handsets that are hearing aid compatible under paragraph b of this section in that air interface Service providers other than Tier I carriers who offer four handset models in an air interface must offer at least two handset models that are hearing aid compatible under paragraph b of this section in that air interface and service providers other than Tier I carriers who offer five handset models in an air interface must offer at least three handsets that are hearing aid compatible under paragraph b of this section in that air interface f Labeling and disclosure requirements for hearing aid compatible handsets 1 Package label For all handset models certified to be hearing aid compatible manufacturers and service providers shall ensure that the handset s package label states that the handset is hearing aid compatible and the handset s actual conversational gain with and without a hearing aid if certified using a technical standard with volume control requirements The actual conversational gain displayed for use with a hearing aid shall be the lowest rating assigned to the handset for any covered air interface or frequency band 2 Package insert or handset manual For all handset models certified to be hearing aid compatible manufacturers and service providers shall disclose to consumers through the use of a package insert or in the handset s user manual i That the handset is hearing aid compatible ii The ANSI standard used to determine the hearing aid compatibility of the handset model s air interfaces and frequency bands iii If using the 2011 ANSI standard or an earlier version of the standard the lowest hearing aid compatibility rating assigned to any of the covered air interfaces or frequency bands iv The air interfaces or frequency bands | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
on the handset that are not certified to be hearing aid compatible if applicable or have been determined to be hearing aid compatible under special testing circumstances 47 CFR 20 19 f 2 iv enhanced display page 18 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 19 f 2 v Commercial Mobile Services v Any handset model certified to be hearing aid compatible for some but not all of the air interfaces or frequency bands covered by the model must include the following disclosure language This phone has been tested and certified for use with hearing aids for some of the wireless technologies that it uses However there may be some newer wireless technologies used in this phone that have not been tested yet for use with hearing aids It is important to try the different features of this phone thoroughly and in different locations using your hearing aid or cochlear implant to determine if you hear any interfering noise Consult your service provider or the manufacturer of this phone for information on hearing aid compatibility If you have questions about return or exchange policies consult your service provider or phone retailer vi An explanation of the ANSI rating system which includes an explanation that the 2019 ANSI standard does not use the rating system that older versions of the standard used vii An explanation of a handset model s volume control capabilities including its conversational gain both with and without hearing aids if the handset is certified using a technical standard that includes volume control requirements and viii An explanation of special testing circumstances if a handset model has air interfaces that have been certified as hearing aid compatible under such circumstances and how these circumstances affect the use and | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
operation of the handset g Model designation requirements Where a manufacturer has made physical changes to a handset that result in a change in the hearing aid compatibility rating under the 2011 ANSI standard or an earlier version of the standard the altered handset must be given a model designation distinct from that of the handset prior to its alteration h Website and record retention requirements 1 Each manufacturer and service provider that operates a publicly accessible website must make available on its website a list of all hearing aid compatible models currently offered the ANSI standard used to evaluate hearing aid compatibility the ratings of those models under the relevant ANSI standard if applicable and an explanation of the rating system Each service provider must also include on its website A list of all non hearing aid compatible models currently offered as well as a link to the current FCC web page containing information about the wireless hearing aid compatibility rules and service providers obligations Each service provider must also include the marketing model name number s and FCC ID number of each hearing aid compatible and non hearing aid compatible model currently offered 2 Service providers must maintain on their website either i A link to a third party website as designated by the Commission or Wireless Telecommunications Bureau with information regarding hearing aid compatible and non hearing aid compatible handset models or ii A clearly marked list of hearing aid compatible handset models that are no longer offered if the calendar month year that model was last offered is within 24 months of the current calendar month year along with the information listed in paragraph h 1 of this section for each hearing aid compatible handset 47 CFR 20 19 h 2 ii enhanced display page 19 | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 19 h 3 Commercial Mobile Services 3 If the Wireless Telecommunications Bureau determines that the third party website has been eliminated or is not updated in a timely manner it may select another website or require service providers to comply with paragraph h 2 ii of this section 4 The information on the website must be updated within 30 days of any relevant changes and any website pages containing information so updated must indicate the day on which the update occurred 5 Service providers must maintain internal records including the ratings if applicable of all hearing aid compatible and non hearing aid compatible models no longer offered if the calendar month year that model was last offered is within 24 months of the current calendar month year for models no longer offered if the calendar month year that model was last offered is within 24 months of the current calendar month year the calendar months and years each hearing aid compatible and non hearing aid compatible model was first and last offered and the marketing model name number s and FCC ID number of each hearing aid compatible and non hearing aid compatible model no longer offered if the calendar month year that model was last offered is within 24 months of the current calendar month year i Reporting requirements 1 Reporting and certification dates Service providers shall submit Form 855 certifications on their compliance with the requirements of this section by January 31 of each year Manufacturers shall submit Form 655 reports on their compliance with the requirements of this section by July 31 of each year Information in each certification and report must be up to date as of the last | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
day of the calendar month preceding the due date of each certification and report 2 Content of service provider certifications Certifications filed by service providers must include i The name of the signing executive and contact information ii The company ies covered by the certification iii The FCC Registration Number FRN iv If the service provider is subject to paragraph h of this section the website address of the page s containing the required information regarding handset models v The percentage of handsets offered that are hearing aid compatible providers will derive this percentage by determining the number of hearing aid compatible handsets offered across all air interfaces during the year divided by the total number of handsets offered during the year and vi The following language I am a knowledgeable executive of company x regarding compliance with the Federal Communications Commission s wireless hearing aid compatibility requirements at a wireless service provider covered by those requirements I certify that the provider was in full compliance not in full compliance choose one at all times during the applicable time period with the Commission s wireless hearing aid compatibility deployment benchmarks and all other relevant wireless hearing aid compatibility requirements 47 CFR 20 19 i 2 vi enhanced display page 20 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 19 i 2 vii Commercial Mobile Services The company represents and warrants and I certify by this declaration under penalty of perjury pursuant to 47 CFR 1 16 that the above certification is consistent with 47 CFR 1 17 which requires truthful and accurate statements to the Commission The company also acknowledges that false statements and misrepresentations to the Commission are punishable under Title 18 of the U S Code and may subject | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
it to enforcement action pursuant to Sections 501 and 503 of the Act vii If the company selected that it was not in full compliance with this section an explanation of which wireless hearing aid compatibility requirements it was not in compliance with when the non compliance began and if applicable ended with respect to each requirement 3 Content of manufacturer reports Reports filed by manufacturers must include i Handset models tested since the most recent report for compliance with the applicable hearing aid compatibility technical ratings if applicable ii Compliant handset models offered to service providers since the most recent report identifying each model by marketing model name number s and FCC ID number iii For each compliant model the air interface s and frequency band s over which it operates the hearing aid compatibility ratings for each frequency band and air interface under the ANSI standard if applicable the ANSI standard version used and the months in which the model was available to service providers since the most recent report iv Non compliant models offered to service providers since the most recent report identifying each model by marketing model name number s and FCC ID number v For each non compliant model the air interface s over which it operates and the months in which the model was available to service providers since the most recent report vi Total numbers of compliant and non compliant models offered to service providers for each air interface as of the time of the report vii Any instance as of the date of the report or since the most recent report in which multiple compliant or non compliant devices were marketed under separate model name numbers but constitute a single model for purposes of the hearing aid compatibility rules identifying each device | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
by marketing model name number and FCC ID number viii Status of product labeling ix Outreach efforts and x If the manufacturer maintains a public website the website address of the page s containing the information regarding hearing aid compatible handset models required by paragraph h of this section 4 Format The Wireless Telecommunications Bureau is delegated authority to approve or prescribe forms formats and methods for submission of the reports and certifications in addition to or instead of those required by this section Any format that the Bureau may approve or prescribe shall be made available on the Bureau s website j Enforcement Enforcement of this section is hereby delegated to those states that adopt this section and provide for enforcement The procedures followed by a state to enforce this section shall provide a 30 day period after a complaint is filed during which time state personnel shall attempt to resolve a dispute on an informal basis If a state has not adopted or incorporated this section or failed to act within six 6 47 CFR 20 19 j enhanced display page 21 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 19 k Commercial Mobile Services months from the filing of a complaint with the state public utility commission the Commission will accept such complaints A written notification to the complainant that the state believes action is unwarranted is not a failure to act The procedures set forth in part 68 subpart E of this chapter are to be followed k Delegation of rulemaking authority 1 The Chief of the Wireless Telecommunications Bureau and the Chief of the Office of Engineering and Technology are delegated authority to issue consistent with any applicable requirements of 5 U S C 553 an | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
order amending this section to the extent necessary to adopt technical standards for additional frequency bands and or air interfaces upon the establishment of such standards by ANSI Accredited Standards Committee C63 provided that the standards do not impose with respect to such frequency bands or air interfaces materially greater obligations than those imposed on other services subject to this section Any new obligations on manufacturers and Tier I carriers pursuant to paragraphs c through i of this section as a result of such standards shall become effective no less than one year after release of the order adopting such standards and any new obligations on other service providers shall become effective no less than 15 months after the release of such order except that any new obligations on manufacturers and service providers subject to paragraph e 1 ii of this section shall become effective no less than two years after the release of such order 2 The Chief of the Wireless Telecommunications Bureau and the Chief of the Office of Engineering and Technology are delegated authority by notice and comment rulemaking if required by statute or otherwise in the public interest to issue an order amending this section to the extent necessary to approve any version of the technical standards for radio frequency interference inductive coupling or volume control adopted subsequently to the 2007 ANSI standard for use in determining whether a wireless handset meets the appropriate rating over frequency bands and air interfaces for which technical standards have previously been adopted either by the Commission or pursuant to paragraph k 1 of this section This delegation is limited to the approval of changes to the technical standards that do not raise major compliance issues Further by such approvals the Chiefs may only permit and not require the use | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
of such subsequent versions of the technical standards to establish hearing aid compatibility l Incorporation by reference The standards required in this section are incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U S C 552 a and 1 CFR part 51 All approved incorporation by reference IBR material is available for inspection at the Federal Communications Commission FCC and the National Archives and Records Administration NARA Contact the FCC through the Federal Communications Commission s Reference Information Center phone 202 418 0270 For information on the availability of this material at NARA visit www archives gov federal register cfr ibr locations html or email fr inspection nara gov The material may be obtained from the following sources in this paragraph l 1 IEEE Standards Association IEEE SA 445 Hoes Lane Piscataway NJ 08854 4141 732 981 0060 stds info ieee org https standards ieee org i ANSI C63 19 2007 American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids approved June 8 2007 ii ANSI C63 19 2011 American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids approved May 27 2011 iii ANSI C63 19 2019 American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids approved August 19 2019 47 CFR 20 19 l 1 iii enhanced display page 22 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 19 l 2 Commercial Mobile Services 2 Telecommunications Industry Association TIA 1320 North Courthouse Road Suite 200 Arlington VA 22201 703 907 7700 global ihs com https global ihs com csf_home cfm csf TIA i ANSI TIA 5050 2018 Telecommunications Communications Products Receive Volume | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
Control Requirements for Wireless Mobile Devices approved January 17 2018 ii Reserved 73 FR 25587 May 7 2008 as amended at 75 FR 54522 Sept 8 2010 77 FR 41928 July 17 2012 81 FR 183 Jan 5 2016 81 FR 60633 Sept 2 2016 83 FR 8631 Feb 28 2018 83 FR 63105 Dec 7 2018 84 FR 37592 Aug 1 2019 86 FR 23625 23627 May 4 2021 88 FR 21439 Apr 10 2023 20 20 Conditions applicable to provision of CMRS service by incumbent Local Exchange Carriers a Separate affiliate An incumbent LEC providing in region broadband CMRS shall provide such services through an affiliate that satisfies the following requirements 1 The affiliate shall maintain separate books of account from its affiliated incumbent LEC Nothing in this section requires the affiliate to maintain separate books of account that comply with part 32 of this chapter 2 The affiliate shall not jointly own transmission or switching facilities with its affiliated incumbent LEC that the affiliated incumbent LEC uses for the provision of local exchange service in the same in region market Nothing in this section prohibits the affiliate from sharing personnel or other resources or assets with its affiliated incumbent LEC and 3 The affiliate shall acquire any services from its affiliated incumbent LEC for which the affiliated incumbent LEC is required to file a tariff at tariffed rates terms and conditions Other transactions between the affiliate and the incumbent LEC for services that are not acquired pursuant to tariff must be reduced to writing and must be made on a compensatory arm s length basis All transactions between the incumbent LEC and the affiliate are subject to part 32 of this chapter including the affiliate transaction rules Nothing in this section shall prohibit the affiliate from acquiring | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
any unbundled network elements or exchange services for the provision of a telecommunications service from its affiliated incumbent LEC subject to the same terms and conditions as provided in an agreement approved under section 252 of the Communications Act of 1934 as amended b Independence The affiliate required in paragraph a of this section shall be a separate legal entity from its affiliated incumbent LEC The affiliate may be staffed by personnel of its affiliated incumbent LEC housed in existing offices of its affiliated incumbent LEC and use its affiliated incumbent LEC s marketing and other services subject to paragraphs a 3 and c of this section c Joint marketing Joint marketing of local exchange and exchange access service and CMRS services by an incumbent LEC shall be subject to part 32 of this chapter In addition such agreements between the affiliate and the incumbent LEC must be reduced to writing and made available for public inspection upon request at the principle place of business of the affiliate and the incumbent LEC The documentation must include a certification statement identical to the certification statement currently required to be included with all Automated Reporting and Management Information Systems ARMIS reports The affiliate must also provide a detailed written description of the terms and conditions of the transaction on the Internet within 10 days of the transaction through the affiliate s home page 47 CFR 20 20 c enhanced display page 23 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 20 d Commercial Mobile Services d Exceptions 1 Rural telephone companies Rural telephone companies are exempted from the requirements set forth in paragraphs a b and c of this section A competing telecommunications carrier interconnected with the rural telephone company however may petition | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
the FCC to remove the exemption or the FCC may do so on its own motion where the rural telephone company has engaged in anticompetitive conduct 2 Incumbent LECs with fewer than 2 percent of subscriber lines Incumbent LECs with fewer than 2 percent of the nation s subscriber lines installed in the aggregate nationwide may petition the FCC for suspension or modification of the requirements set forth in paragraphs a b and c of this section The FCC will grant such a petition where the incumbent LEC demonstrates that suspension or modification of the separate affiliate requirement is i Necessary to avoid a significant adverse economic impact on users of telecommunications services generally or to avoid a requirement that would be unduly economically burdensome and ii Consistent with the public interest convenience and necessity e Definitions Terms used in this section have the following meanings Affiliate Affiliate means a person that directly or indirectly owns or controls is owned or controlled by or is under common ownership with another person For purposes of this section the term own means to own an equity interest or the equivalent thereof of more than 10 percent Broadband Commercial Mobile Radio Service Broadband CMRS For the purposes of this section broadband CMRS means Cellular Radiotelephone Service part 22 subpart H of this chapter Specialized Mobile Radio part 90 subpart S of this chapter and broadband Personal Communications Services part 24 subpart E of this chapter Incumbent Local Exchange Carrier Incumbent LEC Incumbent LEC has the same meaning as that term is defined in 51 5 of this chapter In region For the purposes of this section an incumbent LEC s broadband CMRS service is considered in region when 10 percent or more of the population covered by the CMRS affiliate s authorized service | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
area as determined by the 1990 census figures is within the affiliated incumbent LEC s wireline service area Rural Telephone Company Rural Telephone Company has the same meaning as that term is defined in 51 5 of this chapter f Sunset This section will no longer be effective after January 1 2002 62 FR 63871 Dec 3 1997 as amended at 66 FR 10968 Feb 21 2001 20 21 Signal boosters a Operation of Consumer Signal Boosters A subscriber in good standing of a commercial mobile radio service system may operate a Consumer Signal Booster under the authorization held by the licensee providing service to the subscriber provided that the subscriber complies with paragraphs a 1 through 7 of this section Failure to comply with all applicable rules in this section and all applicable technical rules for the frequency band s of operation voids the authority to operate the Consumer Signal Booster 47 CFR 20 21 a enhanced display page 24 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 21 a 1 Commercial Mobile Services 1 Prior to operation the subscriber obtains the consent of the licensee providing service to the subscriber 2 Prior to operation the subscriber registers the Consumer Signal Booster with the licensee providing service to the subscriber 3 The subscriber only operates the Consumer Signal Booster with approved antennas cables and or coupling devices as specified by the manufacturer of the Consumer Signal Booster 4 The subscriber operates the Consumer Signal Booster on frequencies used for the provision of subscriber based services under parts 22 Cellular 24 Broadband PCS 27 AWS 1 700 MHz Lower A E Blocks and 700 MHz Upper C Block and 90 Specialized Mobile Radio of this chapter Operation on part 90 Specialized | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
Mobile Radio frequencies is permitted upon the Commission s release of a public notice announcing the date Consumer Signal Boosters may be used in the band 5 The Consumer Signal Booster complies with paragraphs e f g and h of this section and 2 907 of this chapter 6 The subscriber may not deactivate any features of the Consumer Signal Booster which are designed to prevent harmful interference to wireless networks These features must be enabled and operating at all times the signal booster is in use and 7 If operating a Wideband Consumer Signal Booster the subscriber operates it only for personal use b De minimis operation of Consumer Signal Boosters A third party s incidental use of a subscriber s Consumer Signal Booster operated under this paragraph is de minimis and shall be authorized under the authorization held by the licensee providing service to the third party c Operation of Industrial Signal Boosters An individual or non individual other than a representative of a foreign government may operate an Industrial Signal Booster provided that the individual or non individual 1 Has an FCC license or obtains the express consent of the licensee s whose frequencies are being retransmitted by the device on a regular basis and 2 Uses an Industrial Signal Booster which complies with paragraph f of this section d Operation on a secondary non interference basis Operation of signal boosters under this section is on a secondary non interference basis to primary services licensed for the frequency bands on which they transmit and to primary services licensed for the adjacent frequency bands that might be affected by their transmissions 1 The operation of signal boosters must not cause harmful interference to the communications of any primary licensed service 2 Upon request of an FCC representative or | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
a licensee experiencing harmful interference a signal booster operator must i Cooperate in determining the source of the interference and ii If necessary deactivate the signal booster immediately or as soon as practicable if immediate deactivation is not possible e Consumer Signal Booster Network Protection Standard 47 CFR 20 21 e enhanced display page 25 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 21 e 1 Commercial Mobile Services 1 All Consumer Signal Boosters must incorporate features to prevent harmful interference to wireless networks including but not limited to those enumerated in this section 2 Certification requirements i A Consumer Signal Booster can only be certificated and operated if it complies with all applicable rules in this subpart and all applicable technical rules for the frequency band s of operation including but not limited to 22 355 of this chapter Public Mobile Services frequency tolerance 22 913 of this chapter Cellular Radiotelephone Service effective radiated power limits 22 917 of this chapter Cellular Radiotelephone Service emission limitations for cellular equipment 24 232 of this chapter Broadband Personal Communications Service power and antenna height limits 24 238 of this chapter Broadband Personal Communications Service emission limitations for Broadband PCS equipment 27 50 of this chapter Miscellaneous Wireless Communications Services power and antenna height limits 27 53 of this chapter Miscellaneous Wireless Communications Services emission limits 90 205 of this chapter Private Land Mobile Radio Services power and antenna height limits 90 210 of this chapter Private Land Mobile Radio Services emission masks and 90 247 of this chapter Private Land Mobile Radio Services mobile repeater stations ii In case of any conflict between the rules set forth in this section and the rules set forth in parts 22 24 27 and 90 | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
of title 47 chapter I of the Code of Federal Regulations the rules in this section shall govern iii The application for certification must satisfy the Commission that the Consumer Signal Boosters features designed to prevent harmful interference and protect wireless networks cannot be easily defeated and must be enabled at all times 3 Frequency Bands Consumer Signal Boosters must be designed and manufactured such that they only operate on the frequencies used for the provision of subscriber based services under parts 22 Cellular 24 Broadband PCS 27 AWS 1 700 MHz Lower A E Blocks and 700 MHz Upper C Block and 90 Specialized Mobile Radio of this chapter The Commission will not certificate any Consumer Signal Boosters for operation on part 90 of this chapter Specialized Mobile Radio frequencies until the Commission releases a public notice announcing the date Consumer Signal Boosters may be used in the band 4 Self monitoring Consumer Signal Boosters must automatically self monitor their operation to ensure compliance with applicable noise and gain limits and either self correct or shut down automatically if their operation exceeds those parameters 5 Anti oscillation Consumer Signal Boosters must be able to detect and mitigate any unintended oscillations in uplink and downlink bands such as may result from insufficient isolation between the antennas 6 Power Down Consumer Signal Boosters must automatically power down or cease amplification as they approach any affected base station 7 Interference Avoidance for Wireless Subsystems Consumer Signal Boosters using unlicensed part 15 of this chapter or other frequency bands for wireless transmissions between donor and server subsystems for their internal operations must employ interference avoidance methods to prevent interference transmitted into authorized CMRS spectrum bands 47 CFR 20 21 e 7 enhanced display page 26 of 40 47 CFR Part 20 up to | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
date as of 2 20 2024 47 CFR 20 21 e 8 Commercial Mobile Services 8 Wideband Consumer Signal Boosters A Wideband Consumer Signal Booster will meet the Consumer Signal Booster Network Protection Standard if it complies with paragraphs e 1 through e 7 of this section and the following i Technical Requirements A Noise Limits 1 The transmitted noise power in dBm MHz of consumer boosters at their uplink port shall not exceed 103 dBm MHz RSSI RSSI received signal strength indication expressed in negative dB units relative to 1 mW is the downlink composite received signal power in dBm at the booster donor port for all base stations in the band of operation 2 The transmitted maximum noise power in dBm MHz of consumer boosters at their uplink and downlink ports shall not exceed the following limits i Fixed booster maximum noise power shall not exceed 102 5 dBm MHz 20 Log10 Frequency where Frequency is the uplink mid band frequency of the supported spectrum bands in MHz ii Mobile booster maximum noise power shall not exceed 59 dBm MHz iii Compliance with Noise limits will use instrumentation calibrated in terms of RMS equivalent voltage and with booster input ports terminated or without input signals applied within the band of measurement B Bidirectional Capability Consumer Boosters must be able to provide equivalent uplink and downlink gain and conducted uplink power output that is at least 0 05 watts One way consumer boosters i e uplink only downlink only uplink impaired downlink impaired are prohibited Spectrum block filtering may be used provided the uplink filter attenuation is not less than the downlink filter attenuation and where RSSI is measured after spectrum block filtering is applied referenced to the booster s input port for each band of operation C Booster | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
Gain Limits 1 The uplink gain in dB of a consumer booster referenced to its input and output ports shall not exceed 34 dB RSSI MSCL i Where RSSI is the downlink composite received signal power in dBm at the booster donor port for all base stations in the band of operation RSSI is expressed in negative dB units relative to 1 mW ii Where MSCL Mobile Station Coupling Loss is the minimum coupling loss in dB between the wireless device and input port of the consumer booster MSCL must be calculated or measured for each band of operation and provided in compliance test reports 2 The uplink and downlink maximum gain of a Consumer Booster referenced to its input and output ports shall not exceed the following limits i Fixed Booster maximum gain shall not exceed 6 5 dB 20 Log10 Frequency ii Where Frequency is the uplink mid band frequency of the supported spectrum bands in MHz 47 CFR 20 21 e 8 i C 2 ii enhanced display page 27 of 40 47 CFR Part 20 up to date as of 2 20 2024 47 CFR 20 21 e 8 i C 2 iii Commercial Mobile Services iii Mobile Booster maximum gain shall not exceed 50 dB when using an inside antenna e g inside a vehicle 23 dB when using direct contact coupling e g cradle type boosters or 15 dB when directly connected e g boosters with a physical connection to the phone D Power Limits A booster s uplink power must not exceed 1 watt composite conducted power and equivalent isotropic radiated power EIRP for each band of operation Composite downlink power shall not exceed 0 05 watt 17 dBm conducted and EIRP for each band of operation Compliance with power limits will use | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
instrumentation calibrated in terms of RMS equivalent voltage E Out of Band Emission Limits Booster out of band emissions OOBE shall be at least 6 dB below the FCC s mobile emission limits for the supported bands of operation Compliance to OOBE limits will utilize high peak to average CMRS signal types F Intermodulation Limits The transmitted intermodulation products of a consumer booster at its uplink and downlink ports shall not exceed the power level of 19 dBm for the supported bands of operation Compliance with intermodulation limits will use boosters operating at maximum gain and maximum rated output power with two continuous wave CW input signals spaced 600 kHz apart and centered in the pass band of the booster and with a 3 kHz measurement bandwidth G Booster Antenna Kitting All consumer boosters must be sold with user manuals specifying all antennas and cables that meet the requirements of this section All consumer boosters must be sold together with antennas cables and or coupling devices that meet the requirements of this section The grantee is required to submit a technical document with the application for FCC equipment authorization that shows compliance of all antennas cables and or coupling devices with the requirements of this section including any antenna or equipment upgrade options that may be available at initial purchase or as a subsequent upgrade H Transmit Power Off Mode When the consumer booster cannot otherwise meet the noise and gain limits defined herein it must operate in Transmit Power Off Mode In this mode of operation the uplink and downlink noise power shall not exceed 70 dBm MHz and both uplink and downlink gain shall not exceed the lesser of 23 dB or MSCL I Uplink Inactivity When a consumer booster is not serving an active device connection after | corpus_data/corpus_txt/47-CFR-Part-20-_up-to-date-as-of-2-20-2024_.txt |
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