§  0.406   The rules and regulations.

   Persons having business with the Commission should familiarize
   themselves with those portions of its rules and regulations pertinent
   to such business. All of the rules have been published and are readily
   available. See § §  0.411(b), 0.412, and 0.415. For the benefit of those
   who are not familiar with the rules, there is set forth in this section
   a brief description of their format and contents.

   (a) Format. The rules are set forth in the Code of Federal Regulations
   as chapter I of title 47. Chapter I is divided into parts numbered from
   0-99. Each part, in turn, is divided into numbered sections. To allow
   for the addition of new parts and sections in logical sequence, without
   extensive renumbering, parts and sections are not always numbered
   consecutively. Thus, for example, part 2 is followed by part 5, and
   §  1.8 is followed by §  1.10; in this case, parts 3 and 4 and §  1.9 have
   been reserved for future use. In numbering sections, the number before
   the period is the part number; and the number after the period locates
   the section within that part. Thus, for example, §  1.1 is the first
   section of part 1 and §  5.1 is the first section in part 5. Except in
   the case of accounting regulations (parts 31-35), the period should not
   be read as a decimal point; thus, §  1.511 is not located between
   § §  1.51 and 1.52 but at a much later point in the rules. In citing the
   Code of Federal Regulations, the citation, 47 CFR 5.1, for example, is
   to §  5.1 (in part 5) of chapter I of title 47 of the Code, and permits
   the exact location of that rule. No citation to other rule units (e.g.,
   subpart or chapter) is needed.

   (b) Contents. Parts 0-19 of the rules have been reserved for provisions
   of a general nature. Parts 20-69 of this chapter have been reserved for
   provisions pertaining to common carriers. Parts 20-29 and 80-109 of
   this chapter have been reserved for provisions pertaining to the
   wireless telecommunications services. In the rules pertaining to common
   carriers, parts 20-25 and 80-99 of this chapter pertain to the use of
   radio; In the rules pertaining to common carriers, parts 21, 23, and 25
   of this chapter pertain to the use of radio; parts 31-66 of this
   chapter pertain primarily to telephone and telegraph companies. Persons
   having business with the Commission will find it useful to consult one
   or more of the following parts containing provisions of a general
   nature in addition to the rules of the radio or wire communication
   service in which they are interested:

   (1) Part 0, Commission organization. Part 0 describes the structure and
   functions of the Commission, lists delegations of authority to the
   staff, and sets forth information designed to assist those desiring to
   obtain information from, or to do business with, the Commission. This
   part is designed, among other things, to meet certain of the
   requirements of the Administrative Procedure Act, as amended.

   (2) Part 1 of this chapter, practice and procedure. Part 1, subpart A,
   of this chapter contains the general rules of practice and procedure.
   Except as expressly provided to the contrary, these rules are
   applicable in all Commission proceedings and should be of interest to
   all persons having business with the Commission. Part 1, subpart A of
   this chapter also contains certain other miscellaneous provisions. Part
   1, subpart B, of this chapter contains the procedures applicable in
   formal hearing proceedings (see §  1.201 of this chapter). Part 1,
   subpart C, of this chapter contains the procedures followed in making
   or revising the rule or regulations. Part 1, subpart D, of this chapter
   contains rules applicable to applications for licenses in the Broadcast
   Radio Services, including the forms to be used, the filing
   requirements, the procedures for processing and acting upon such
   applications, and certain other matters. Part 1, subpart E, of this
   chapter contains general rules and procedures applicable to common
   carriers. Part 1, subpart F, of this chapter contain rules applicable
   to applications for licenses in the Wireless Telecommunications Bureau
   services, including the forms to be used, the filing requirements, the
   procedures for processing and acting on such applications, and certain
   other matters. Part 1, subpart F, of this chapter contains rules
   applicable to applications for licenses in the Private Radio Services,
   including the forms to be used, the filing requirements, the procedures
   for processing and acting on such applications, and certain other
   matters. Part 1, subpart G, of this chapter contains rules pertaining
   to the application processing fees established by the Consolidated
   Omnibus Budget Reconciliation Act of 1985 (Pub. L. 99-272, 100 Stat. 82
   (1986)) and also contains rules pertaining to the regulatory fees
   established by the Omnibus Budget Reconciliation Act of 1993 (Pub. L.
   103-66, 107 Stat. 397 (1993)). Part 1, subpart H, of this chapter,
   concerning ex parte presentations, sets forth standards governing
   communications with commission personnel in hearing proceedings and
   contested application proceedings. Part 1, subparts G and H, of this
   chapter will be of interest to all regulatees, and part 1, subpart H,
   of this chapter will, in addition, be of interest to all persons
   involved in hearing proceedings.

   (3) Part 2, frequency allocations and radio treaty matters; general
   rules and regulations. Part 2 will be of interest to all persons
   interested in the use of radio. It contains definitions of technical
   terms used in the rules and regulations; provisions governing the
   allocation of radio frequencies among the numerous uses made of radio
   (e.g., broadcasting, land mobile) and radio services (e.g., television,
   public safety), including the Table of Frequency Allocations (§  2.106);
   technical provisions dealing with emissions; provisions dealing with
   call signs and emergency communications; provisions governing
   authorization of radio equipment; and a list of treaties and other
   international agreements pertaining to the use of radio.

   (4) Part 5, experimental radio services (other than broadcast). Part 5
   deals with the temporary use of radio frequencies for research in the
   radio art, for communication involving other research projects, and for
   the development of equipment, data, or techniques.

   (5) Part 13, commercial radio operators. Part 13 describes the
   procedures to be followed in applying for a commercial operator
   license, including the forms to be used and the examinations given, and
   sets forth rules governing licensed operators. It will be of interest
   to applicants for such licenses, licensed operators, and the licensees
   of radio stations which may be operated only by persons holding a
   commercial radio operator license.

   (6) Part 15, radio frequency devices. Part 15 contains regulations
   designed to prevent harmful interference to radio communication from
   radio receivers and other devices which radiate radio frequency energy,
   and provides for the certification of radio receivers. It also provides
   for the certification of low power transmitters and for the operation
   of certificated transmitters without a license.

   (7) Part 17, construction, marking, and lighting of antenna structures.
   Part 17 contains criteria for determining whether applications for
   radio towers require notification of proposed construction to the
   Federal Aviation Administration, and specifications for obstruction
   marking and lighting of antenna structures.

   (8) Part 18, industrial, scientific and medical equipment. Part 18
   contains regulations designed to prevent harmful interference to radio
   communication from ultrasonic equipment, industrial heating equipment,
   medical diathermy equipment, radio frequency stabilized arc welders,
   and other equipment which uses radio energy for purposes other than
   communication.

   (9) Part 19, employee responsibilities and conduct. Part 19 prescribes
   standards of conduct for the members and staff of the Commission.

   [ 32 FR 10571 , July 19, 1967, as amended at  32 FR 12180 , Aug. 24, 1967;
    37 FR 20553 , Sept. 30, 1972;  52 FR 5288 , Feb. 20, 1987;  58 FR 13021 ,
   Mar. 9, 1993;  59 FR 30998 , June 16, 1994;  60 FR 35507 , July 10, 1995;
    63 FR 36596 , July 7, 1998]

   return arrow Back to Top