§  80.33   Developmental license.

   This section contains rules about the licensing of developmental
   operations at stations subject to this part.

   (a) Supplemental eligibility. An authorization for developmental
   operation will be issued only to persons eligible to operate such
   stations on a regular basis.

   (b) Showing required. Each application for a developmental license must
   be accompanied by the following showing:

   (1) The applicant has an organized plan of development leading to an
   objective;

   (2) A point has been reached in the program where actual transmission
   by radio is essential to progress;

   (3) The program will contribute to the use of the radio services
   subject to this part;

   (4) The program will be conducted by qualified personnel;

   (5) The applicant is legally qualified and possesses technical
   facilities for conduct of the program as proposed; and

   (6) The public interest, convenience and necessity will be served by
   the proposed operation.

   (c) Statement of understanding. The showing must state that the
   applicant agrees that any developmental license issued will be accepted
   with the express understanding that it is subject to change in any of
   its terms or to cancellation in its entirety at any time, upon
   reasonable notice but without a hearing, if, in the opinion of the
   Commission, circumstances should so require.

   (d) Assignable frequencies. Applicants for a developmental license may
   be authorized to use a frequency or frequencies available for the
   service and class of station proposed. The number of frequencies
   assignable to a particular station will depend upon the specific
   requirements of the developmental program and the number of frequencies
   available for use in the area where the station is to be operated.

   (e) Developmental program. (1) The developmental program as described
   by the applicant in the application for authorization must be
   substantially followed unless the Commission otherwise directs.

   (2) Where some phases of the developmental program are not covered by
   the general rules of the Commission and the rules in this part, the
   Commission may specify supplemental or additional requirements or
   conditions.

   (3) The Commission may, from time to time, require a station engaged in
   developmental work to conduct special tests which are reasonable to the
   authorized developmental program.

   (f) Use of developmental stations. (1) Stations authorized to conduct
   developmental operations must conform to all applicable technical and
   operating requirements contained in this part, unless a waiver is
   specifically provided in the station authorization.

   (2) Communication with any station of a country other than the United
   States is prohibited unless specifically provided in the station
   authorization.

   (3) Developmental operations must not cause harmful interference to the
   operation of stations regularly authorized to use the frequency or
   frequencies.

   (g) Report of operation required. A report on the results of the
   developmental program must be filed within 60 days of the expiration of
   the license. A report must accompany a request for renewal of the
   license. Matters which the applicant does not wish to disclose publicly
   may be so labeled; they will be used solely for the Commission's
   information. However, public disclosure is governed by §  0.467 of this
   chapter. The report must include the following:

   (1) Results of operation to date.

   (2) Analysis of the results obtained.

   (3) Copies of any published reports.

   (4) Need for continuation of the program.

   (5) Number of hours of operation on each authorized frequency during
   the term of the license to the date of the report.

   [ 51 FR 31213 , Sept. 2, 1986, as amended at  63 FR 68955 , Dec. 14, 1998]

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