§ 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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