FCC 63.25 Revised as of October 1, 2014
Goto Year:2013 |
2015
§ 63.25 Special provisions relating to temporary or emergency service by
international carriers.
(a) For the purpose of this section the following definitions shall
apply:
(1) Temporary service shall mean service for a period not exceeding 6
months;
(2) Emergency service shall mean service for which there is an
immediate need occasioned by conditions unforeseen by, and beyond the
control of, the carrier.
(b) Applicants seeking immediate authorization to provide temporary
service or emergency service must file their request with the
Commission. Requests must set forth why such immediate authority is
required; the nature of the emergency; the type of facilities proposed
to be used; the route kilometers thereof; the terminal communities to
be served, and airline kilometers between such communities; how these
points are currently being served by the applicant or other carriers;
the need for the proposed service; the cost involved, including any
rentals, the date on which the service is to begin, and where known,
the date or approximate date on which the service to is terminate.
(c) Without regard to the other requirements of this part, and by
application setting forth the need therefore, any carrier may request
continuing authority, subject to termination by the Commission at any
time upon ten (10) days' notice to the carrier, to provide temporary or
emergency service by the construction or installation of facilities
where the estimated construction, installation, and acquisition costs
do not exceed $35,000 or an annual rental of not more than $7,000
provided that such project does not involve a major action under the
Commission's environmental rules. (See subpart I of part 1 of this
chapter.) Any carrier to which continuing authority has been granted
under this paragraph shall, not later than the 30th day following the
end of each 6-month period covered by such authority, file with the
Commission a statement making reference to this paragraph and setting
forth, with respect to each project (construction, installation, lease,
including any renewals thereof), which was commenced or, in the case of
leases, entered into under such authority, and renewal or renewals
thereof which were in continuous effect for a period of more than one
week, the following information:
(1) The type of facility constructed, installed, or leased;
(2) The route kilometers thereof (excluding leased facilities);
(3) The terminal communities served and the airline kilometers between
terminal communities in the proposed project;
(4) The cost thereof, including construction, installation, or lease;
(5) Where appropriate, the name of the lessor company, and the dates of
commencement and termination of the lease.
(d)(1) A request may be made by any carrier for continuing authority to
lease and operate, during any emergency when its regular facilities
become inoperative or inadequate to handle its traffic, facilities or
any other carrier between points between which applicant is authorized
to communicate by radio for the transmission of traffic which applicant
is authorized to handle.
(2) Such request shall make reference to this paragraph and set forth
the points between which applicant desires to operate facilities of
other carriers and the nature of the traffic to be handled.
(3) Continuing authority for the operation thereafter of such alternate
facilities during emergencies shall be deemed granted effective as of
the 21st day following the filing of the request unless on or before
that date the Commission shall notify the applicant to the contrary:
provided, however, Applicant shall, not later than the 30th day
following the end of each quarter in which it has operated facilities
of any other carrier pursuant to authority granted under this
paragraph, file with the Commission a statement in writing making
reference to this paragraph and describing each occasion during the
quarter when it has operated such facilities, giving dates, points
between which such facilities were located, hours or minutes used,
nature of traffic handled, and reasons why its own facilities could not
be used.
(e) Subject to the availability of electronic forms, all applications
and notifications described in this section must be filed
electronically through the International Bureau Filing System (IBFS). A
list of forms that are available for electronic filing can be found on
the IBFS homepage. For information on electronic filing requirements,
see part 1, § § 1.1000 through 1.10018 of this chapter and the IBFS
homepage at http://www.fcc.gov/ibfs. See also § § 63.20 and 63.53.
(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303)
[ 28 FR 13229 , Dec. 5, 1963, as amended at 41 FR 20662 , May 20, 1976; 58 FR 44906 , Aug. 25, 1993. Redesignated and amended at 64 FR 39939 , July
23, 1999; 69 FR 29902 , May 26, 2004; 70 FR 38799 , July 6, 2005]
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General Provisions Relating to All Applications Under Section 214
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