§  22.409   Developmental authorization for a new Public Mobile Service or
technology.

   The FCC may grant applications for developmental authority to construct
   and operate transmitters for the purpose of developing a new Public
   Mobile Service or a new technology not regularly authorized under this
   part, subject to the requirements of this section. Such applications
   may request the use of any portion of the spectrum allocated for Public
   Mobile Services in the Table of Frequency Allocations contained in part
   2 of this chapter, regardless of whether that spectrum is regularly
   available under this part. Requests to use any portion of the spectrum
   for a service or purpose other than that indicated in the Table of
   Frequency Allocations in part 2 of this chapter may be made only in
   accordance with the provisions of part 5 of this chapter.

   (a) Preliminary determination. The FCC will make a preliminary
   determination with respect to the factors in paragraphs (a)(1) through
   (a)(3) of this section before acting on an application for
   developmental authority pursuant to this section. These factors are:

   (1) That the public interest, convenience or necessity warrants
   consideration of the establishment of the proposed service or
   technology;

   (2) That the proposal appears to have potential value to the public
   that could warrant the establishment of the new service or technology;

   (3) That some operational data should be developed for consideration in
   any rule making proceeding which may be initiated to establish such
   service or technology.

   (b) Petition required. Applications for developmental authorizations
   pursuant to this section must be accompanied by a petition for rule
   making requesting the FCC to amend its rules as may be necessary to
   provide for the establishment of the proposed service or technology.

   (c) Application requirements. Authorizations for developmental
   authority pursuant to this section will be issued only upon a showing
   that the applicant has a definite program of research and development
   which has reasonable promise of substantial contribution to the
   services authorized by this part. The application must contain an
   exhibit demonstrating the applicant's technical qualifications to
   conduct the research and development program, including a description
   of the nature and extent of engineering facilities that the applicant
   has available for such purpose. Additionally, the FCC may, in its
   discretion, require a showing of financial qualification.

   (d) Communication service for hire prohibited. Stations authorized
   under developmental authorizations granted pursuant to this section
   must not be used to provide communication service for hire, unless
   otherwise specifically authorized by the FCC.

   (e) Adherence to program. Carriers granted developmental authorization
   pursuant to this section must substantially adhere to the program of
   research and development described in their application for
   developmental authorization, unless the FCC directs otherwise.

   (f) Report requirements. Upon completion of the program of research and
   development, or upon the expiration of the developmental authorization
   under which such program was permitted, or at such times during the
   term of the station authorization as the FCC may deem necessary to
   evaluate the progress of the developmental program, the licensee shall
   submit a comprehensive report, containing:

   (1) A description of the progress of the program and a detailed
   analysis of any result obtained;

   (2) Copies of any publications produced by the program;

   (3) A listing of any patents applied for, including copies of any
   patents issued;

   (4) Copies of any marketing surveys or other measures of potential
   public demand for the new service;

   (5) A description of the carrier's experiences with operational aspects
   of the program including—

   (i) The duration of transmissions on each channel or frequency range
   and the technical parameters of such transmissions; and,

   (ii) Any interference complaints received as a result of operation and
   how these complaints were investigated and resolved.

   (g) Confidentiality. Normally, applications and developmental reports
   are a part of the FCC's public records. However, an applicant or
   licensee may request that the FCC withhold from public records specific
   exhibits, reports and other material associated with a developmental
   authorization.

   (h) Renewal. Expiring developmental authorizations issued pursuant to
   this section may be renewed if the carrier—

   (1) Shows that further progress in the program of research and
   development requires additional time to operate under developmental
   authorization;

   (2) Complied with the reporting requirements of paragraph (f) of this
   section; and,

   (3) Immediately resolved to the FCC's satisfaction all complaints of
   interference caused by the station operating under developmental
   authority.

   [ 59 FR 59507 , Nov. 17, 1994, as amended at  61 FR 54099 , Oct. 17, 1996]

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