e-CFR data is current as of August 3, 2020
TITLE 47—Telecommunication
CHAPTER I—FEDERAL COMMUNICATIONS COMMISSION SUBCHAPTER A—GENERAL PART 1—PRACTICE AND PROCEDURE
Subpart A—GENERAL RULES OF PRACTICE AND PROCEDURE
General
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| Proceedings before the Commission. |
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| Suspension, amendment, or waiver of rules. |
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| Mailing address furnished by licensee. |
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| Availability of station logs and records for Commission inspection. |
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| Documents are filed upon receipt. |
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| Transcript of testimony; copies of documents submitted. |
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| Notice to attorneys of Commission documents. |
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| Filing of petitions for review and notices of appeals of Commission orders. |
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| Citation of Commission documents. |
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| Unsworn declarations under penalty of perjury in lieu of affidavits. |
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| Truthful and accurate statements to the Commission. |
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| Administrative Dispute Resolution. |
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| Use of metric units required. |
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Parties, Practitioners, and Witnesses
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| Authority for representation. |
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| Persons who may be admitted to practice. |
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| Censure, suspension, or disbarment of attorneys. |
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| Witnesses; right to counsel. |
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Pleadings, Briefs, and Other Papers
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| Informal requests for Commission action. |
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| Applications, reports, complaints; cross-reference. |
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| Requests for stay; cross-reference. |
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| Separate pleadings for different requests. |
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| Pleadings; filing periods. |
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| Motions for extension of time. |
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| Service of documents and proof of service. |
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| Specifications as to pleadings and documents. |
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| Specifications as to briefs. |
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| Number of copies of pleadings, briefs, and other papers. |
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| Subscription and verification. |
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Forbearance Proceedings
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| Separate pleadings for petitions for forbearance. |
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| Petitions for forbearance must be complete as filed. |
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| Public notice of petitions for forbearance. |
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| Motions for summary denial of petitions for forbearance. |
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| Circulation and voting of petitions for forbearance. |
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| Forbearance petition quiet period prohibition. |
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| Withdrawal or narrowing of petitions for forbearance. |
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General Application Procedures
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| Procedures for handling applications requiring special aeronautical study. |
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| Operation pending action on renewal application. |
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| Substantial and significant changes in information furnished by applicants to the Commission. |
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| Action on application for license to cover construction permit. |
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| Detailed application procedures; cross references. |
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Miscellaneous Proceedings
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| Applications for radio operator licenses. |
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| Suspension of operator licenses. |
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| Modification of license or construction permit on motion of the Commission. |
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| Predesignation pleading procedure. |
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| Revocation and/or cease and desist proceedings; hearings. |
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| Revocation and/or cease and desist proceedings; after waiver of hearing. |
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| Consent order procedures. |
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| Violation of consent orders. |
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Reconsideration and Review of Actions Taken by the Commission and Pursuant to Delegated Authority; Effective Dates and Finality Dates of Actions
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| Effective dates of actions taken pursuant to delegated authority. |
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| Effective dates of Commission actions; finality of Commission actions. |
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| Preserving the right of review; deferred consideration of application for review. |
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| Petitions for reconsideration in non-rulemaking proceedings. |
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| Reconsideration on Commission's own motion. |
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| Partial grants; rejection and designation for hearing. |
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| Action modified or set aside by person, panel, or board. |
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| Application for review of action taken pursuant to delegated authority. |
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| Review on motion of the Commission. |
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Subpart B—HEARING PROCEEDINGS
General
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| Official reporter; transcript. |
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| Continuances and extensions. |
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| Interlocutory matters, reconsideration and review; cross references. |
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| Identification of responsible officer in caption to pleading. |
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Participants and Issues
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| Notice of hearing; appearances. |
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| Motion to proceed in forma pauperis. |
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| Participation by non-parties; consideration of communications. |
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| Motions to enlarge, change, or delete issues. |
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Presiding Officer
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| Designation of presiding officer. |
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| Authority of presiding officer. |
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| Designation of a settlement judge. |
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| Disqualification of presiding officer. |
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Prehearing Procedures
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| Admission of facts and genuineness of documents. |
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| Prehearing conferences; hearing conferences. |
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Hearing and Intermediate Decision
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| Discovery and preservation of evidence; cross-reference. |
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| Time and place of hearing. |
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| Nature of the hearing; burden of proof. |
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| Certification of transcript. |
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| Corrections to transcript. |
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| Proposed findings and conclusions. |
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| Contents of findings of fact and conclusions. |
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| Initial and recommended decisions. |
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Review Proceedings
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| Delegation of review function. |
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| Waiver of initial or recommended decision. |
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| Certification of the record to the Commission for initial or final decision. |
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| Appeal and review of initial decision. |
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| Exceptions; oral arguments. |
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| Limitation of matters to be reviewed. |
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| Final decision of the Commission. |
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Interlocutory Actions in Hearing Proceedings
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| Rulings; time for action. |
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Appeal and Reconsideration of Presiding Officer's Ruling
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| Appeal from presiding officer's interlocutory ruling; effective date of ruling. |
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| Appeal from presiding officer's final ruling; effective date of ruling. |
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The Discovery and Preservation of Evidence
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| Depositions upon oral examination—notice and preliminary procedure. |
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| Depositions upon written interrogatories—notice and preliminary procedure. |
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| The taking of depositions. |
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| Objections to the taking of depositions. |
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| Use of depositions at the hearing. |
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| Interrogatories to parties. |
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| Discovery and production of documents and things for inspection, copying, or photographing. |
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Subpenas
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| Requests for issuance of subpena. |
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| Attendance of witness; disobedience. |
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Evidence
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| Further evidence during hearing. |
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| Documents containing matter not material. |
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| Documents in foreign language. |
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| Mechanical reproductions as evidence. |
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| Proof of official record; authentication of copy. |
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| Other proof of official record. |
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| Production of statements. |
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| Introduction of statistical data. |
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| Testimony by speakerphone. |
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Subpart C—RULEMAKING PROCEEDINGS
General
Petitions and Related Pleadings
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| Petitions for rulemaking. |
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| Responses to petitions; replies. |
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Rulemaking Proceedings
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| Commencement of rulemaking proceedings. |
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| Notice of proposed rulemaking. |
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| Form of comments and replies; number of copies. |
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| Additional procedures in proceedings for amendment of the FM or TV Tables of Allotments, or for amendment of certain FM assignments. |
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| Further notice of rulemaking. |
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| Oral argument and other proceedings. |
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| Petition for reconsideration of final orders in rulemaking proceedings. |
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Inquiries
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| Proceedings on a notice of inquiry. |
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Subpart D—[RESERVED]
Subpart E—COMPLAINTS, APPLICATIONS, TARIFFS, AND REPORTS INVOLVING COMMON CARRIERS
General
Complaints
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| Formal or informal complaints. |
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Informal Complaints
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| Unsatisfied informal complaints; formal complaints relating back to the filing dates of informal complaints. |
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| Informal complaints filed pursuant to section 258. |
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Formal Complaints
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| General pleading requirements. |
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| Format and content of complaints. |
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| Complaints governed by section 208(b)(1) of the Act. |
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| Joinder of complainants and causes of action. |
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| Cross-complaints and counterclaims. |
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| Confidentiality of information produced or exchanged. |
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| Other required written submissions. |
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| Fee remittance; electronic filing; copies; service; separate filings against multiple defendants. |
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| Accelerated Docket Proceedings. |
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| Complaints filed pursuant to 47 U.S.C. 271(d)(6)(B). |
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| Primary jurisdiction referrals. |
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| Review period for section 208 formal complaints not governed by section 208(b)(1) of the Act. |
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Applications
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| Place of filing, fees, and number of copies. |
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| Who may sign applications. |
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| Inconsistent or conflicting applications. |
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| Dismissal of applications. |
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| Action on application under delegated authority. |
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Specific Types of Applications Under Title II of Communications Act
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| Construction, extension, acquisition or operation of lines. |
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| Discontinuance, reduction, or impairment of service. |
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| Notification by and prior approval for submarine cable landing licensees that are or propose to become affiliated with a foreign carrier. |
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Tariffs
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| Application for special tariff permission. |
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| Petitions for suspension or rejection of new tariff filings. |
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| Pricing flexibility limited grandfathering. |
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Contracts, Reports, and Requests Required to be Filed by Carriers
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| Requests for extension of filing time. |
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Contracts
Financial and Accounting Reports and Requests
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| Annual financial reports. |
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| Reports of proposed changes in depreciation rates. |
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| Reports regarding division of international telegraph communication charges. |
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| Reports relating to traffic by international carriers. |
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| Reports and requests to be filed under part 32 of this chapter. |
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| Reports regarding interstate rates of return. |
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Services and Facilities Reports
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| Reports relating to continuing authority to supplement facilities or to provide temporary or emergency service. |
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| Reports relating to reduction in temporary experimental service. |
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Miscellaneous Reports
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| Reports regarding free service rendered the Government for national defense. |
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| Reports of annual employment. |
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Grants by Random Selection
Subpart F—WIRELESS RADIO SERVICES APPLICATIONS AND PROCEEDINGS
Scope and Authority
Application Requirements and Procedures
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| Application and notification forms; electronic and manual filing. |
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| General application requirements. |
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| Who may sign applications. |
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| Application processing; initial procedures. |
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| Amendment of applications. |
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| Frequency coordination, Canada. |
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| Classification of filings as major or minor. |
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| Application for special temporary authority. |
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| Defective applications and dismissal. |
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| Agreements to dismiss applications, amendments or pleadings. |
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| Repetitious or conflicting applications. |
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| Construction and coverage requirements. |
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| Modification of licenses. |
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| Assignment of authorization or transfer of control, notification of consummation. |
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| Application for renewal of authorization. |
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| Geographic partitioning and spectrum disaggregation. |
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| Duty to respond to official communications. |
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| Discontinuance of service or operations. |
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| Termination of authorizations. |
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| Procedure with respect to amateur radio operator license. |
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| Computation of average terrain elevation. |
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Reports To Be Filed With the Commission
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| Reports, annual and semiannual. |
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Subpart G—SCHEDULE OF STATUTORY CHARGES AND PROCEDURES FOR PAYMENT
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| Schedule of charges for applications and other filings in the wireless telecommunications services. |
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| Schedule of charges for assignment of grantee code, experimental radio services (or service). |
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| Schedule of charges for applications and other filings for media services. |
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| Schedule of charges for applications and other filings for the wireline competition services. |
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| Schedule of charges for applications for enforcement services. |
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| Schedule of charges for applications and other filings for the international services. |
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| Schedule of charges for applications and other filings for the Homeland services. |
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| Conditionality of Commission or staff authorizations. |
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| Return or refund of charges. |
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| General exemptions to charges. |
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| Penalty for late or insufficient payments. |
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| Petitions and applications for review. |
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| Authority to prescribe and collect regulatory fees. |
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| Schedule of annual regulatory fees for wireless radio services. |
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| Schedule of annual regulatory fees and filing locations for mass media services. |
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| Schedule of annual regulatory charges for common carrier services. |
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| Schedule of regulatory fees for cable television services. |
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| Schedule of regulatory fees for international services. |
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| Payment of charges for regulatory fees. |
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| Form of payment for regulatory fees. |
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| Filing locations and receipts for regulatory fees. |
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| Refunds of regulatory fees. |
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| Conditional license grants and delegated authorizations. |
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| General exemptions from regulatory fees. |
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| Adjustments to regulatory fees. |
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| Penalties for late or insufficient regulatory fee payments. |
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| Payment by cashier's check for regulatory fees. |
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| Waivers, reductions and deferrals of regulatory fees. |
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| Error claims related to regulatory fees. |
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| Authority to prescribe and collect fees for competitive bidding-related services and products. |
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| Schedule of fees for products and services provided by the Commission in connection with competitive bidding procedures. |
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Subpart H—EX PARTE COMMUNICATIONS
General
Sunshine Period Prohibition
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| Sunshine period prohibition. |
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General Exemptions
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| Exempt ex parte presentations and proceedings. |
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Non-Restricted Proceedings
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| Permit-but-disclose proceedings. |
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Restricted Proceedings
Prohibition on Solicitation of Presentations
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| Prohibition on solicitation of presentations. |
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Procedures for Handling of Prohibited Ex Parte Presentations
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| Procedures for handling of prohibited ex parte presentations. |
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| Disclosure of information concerning violations of this subpart. |
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Sanctions
Subpart I—PROCEDURES IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969
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| Cross-reference; Regulations of the Council on Environmental Quality. |
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| Information and assistance. |
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| Actions which normally will have a significant impact upon the environment, for which Environmental Impact Statements must be prepared. |
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| Actions which are categorically excluded from environmental processing. |
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| Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. |
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| Consideration of environmental assessments (EAs); findings of no significant impact. |
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| Radiofrequency radiation exposure limits. |
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| Environmental information to be included in the environmental assessment (EA). |
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| Facilities for which no preconstruction authorization is required. |
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| Environmental impact statements (EISs). |
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| The Draft Environmental Impact Statement (DEIS); Comments. |
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| The Final Environmental Impact Statement (FEIS). |
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| Consideration of the environmental impact statements. |
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| Review of Commission undertakings that may affect historic properties. |
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Subpart J—POLE ATTACHMENT COMPLAINT PROCEDURES
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| Duty to provide access; modifications; notice of removal, increase or modification; petition for temporary stay; and cable operator notice. |
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| Pole attachment complaint proceedings. |
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| Dismissal of pole attachment complaints for lack of jurisdiction. |
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| Commission consideration of the complaint. |
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| Imputation of rates; modification costs. |
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| Allocation of Unusable Space Costs. |
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| Use of presumptions in calculating the space factor. |
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| Timeline for access to utility poles. |
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| Contractors for survey and make-ready. |
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| Complaints by incumbent local exchange carriers. |
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| Review period for pole attachment complaints. |
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Subpart K—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT (EAJA) IN AGENCY PROCEEDINGS
General Provisions
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| Eligibility of applicants. |
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| Allowable fees and expenses. |
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| Rulemaking on maximum rates for attorney fees. |
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| Awards against other agencies. |
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Information Required From Applicants
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| Documentation of fees and expenses. |
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| When an application may be filed. |
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Procedures for Considering Applications
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| Filing and service of documents. |
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| Comments by other parties. |
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Subpart L—RANDOM SELECTION PROCEDURES FOR MASS MEDIA SERVICES
General Procedures
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| Designation for random selection. |
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| Conduct of random selection. |
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Subpart M—CABLE OPERATIONS AND LICENSING SYSTEM (COALS)
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| Forms; electronic and manual filing. |
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Subpart N—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE FEDERAL COMMUNICATIONS COMMISSION
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| Federal Communications Commission Section 504 Programs and Activities Accessibility Handbook. |
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| General prohibitions against discrimination. |
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| Program accessibility: Discrimination prohibited. |
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| Program accessibility: Existing facilities. |
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| Building accessibility: New construction and alterations. |
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Subpart O—COLLECTION OF CLAIMS OWED THE UNITED STATES
General Provisions
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| Definitions and construction. |
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| Conformance to law and regulations. |
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| Other procedures; collection of forfeiture penalties. |
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| Return of property or collateral. |
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| Effect of insufficient fee payments, delinquent debts, or debarment. |
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Administrative Offset—Consumer Reporting Agencies—Contracting for Collection
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| Collection by administrative offset. |
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| Administrative offset against amounts payable from Civil Service Retirement and Disability Fund. |
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| Collection in installments. |
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| Exploration of compromise. |
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| Suspending or terminating collection action. |
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| Referrals to the Department of Justice and transfer of delinquent debt to the Secretary of Treasury. |
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| Use of consumer reporting agencies. |
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| Contracting for collection services. |
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Salary Offset-Individual Debt
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| Deduction from employee's pay. |
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| Liquidation from final check or recovery from other payment. |
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| Non-waiver of rights by payments. |
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| Interest, penalties and administrative costs. |
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| Recovery when the Commission is not creditor agency. |
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| Obtaining the services of a hearing official. |
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| Administrative wage garnishment. |
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Interest, Penalties, Administrative Costs and Other Sanctions
Cooperation With the Internal Revenue Service
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| Reporting discharged debts to the Internal Revenue Service. |
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| Offset against tax refunds. |
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| Use and disclosure of mailing addresses. |
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General Provisions Concerning Interagency Requests
Subpart P—IMPLEMENTATION OF THE ANTI-DRUG ABUSE ACT OF 1988
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| Applicants required to submit information. |
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Subpart Q—COMPETITIVE BIDDING PROCEEDINGS
General Procedures
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| Eligibility of applications for competitive bidding. |
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| Competitive bidding design options. |
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| Competitive bidding mechanisms. |
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| Bidding application and certification procedures; prohibition of certain communications. |
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| Submission of upfront payments. |
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| Submission of down payment and filing of long-form applications. |
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| Procedures for filing petitions to deny against long-form applications. |
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| License grant, denial, default, and disqualification. |
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| Assignment or transfer of control: unjust enrichment. |
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| Ownership disclosure requirements for applications. |
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| Construction prior to grant of application. |
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| Reporting of eligibility event. |
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| Public notice of incentive auction related procedures. |
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Broadcast Television Spectrum Reverse Auction
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| Competitive bidding design options. |
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| Competitive bidding mechanisms. |
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| Applications to participate in competitive bidding. |
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| Prohibition of certain communications. |
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| Confidentiality of Commission-held data. |
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| Two competing participants required. |
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| Public notice of auction completion and auction results. |
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| Disbursement of incentive payments. |
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Subpart R—IMPLEMENTATION OF SECTION 4(G)(3) OF THE COMMUNICATIONS ACT: PROCEDURES GOVERNING ACCEPTANCE OF UNCONDITIONAL GIFTS, DONATIONS AND BEQUESTS
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| Structural rules and prohibitions. |
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| Mandatory factors for evaluating conflicts of interest. |
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| Public disclosure and reporting requirements. |
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Subpart S—PREEMPTION OF RESTRICTIONS THAT “IMPAIR” THE ABILITY TO RECEIVE TELEVISION BROADCAST SIGNALS, DIRECT BROADCAST SATELLITE SERVICES, OR MULTICHANNEL MULTIPOINT DISTRIBUTION SERVICES OR THE ABILITY TO RECEIVE OR TRANSMIT FIXED WIRELESS COMMUNICATIONS SIGNALS
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| Restrictions impairing reception of television broadcast signals, direct broadcast satellite services or multichannel multipoint distribution services. |
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Subpart T—FOREIGN OWNERSHIP OF BROADCAST, COMMON CARRIER, AERONAUTICAL EN ROUTE, AND AERONAUTICAL FIXED RADIO STATION LICENSEES
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| Citizenship and filing requirements under section 310(b) of the Communications Act of 1934, as amended. |
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| Contents of petitions for declaratory ruling under section 310(b) of the Communications Act of 1934, as amended. |
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| How to calculate indirect equity and voting interests. |
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| Insulation criteria for interests in limited partnerships, limited liability partnerships, and limited liability companies. |
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| Routine terms and conditions. |
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Subpart U—STATE AND LOCAL GOVERNMENT REGULATION OF THE PLACEMENT, CONSTRUCTION, AND MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITIES
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| Reasonable periods of time to act on siting applications. |
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| Wireless Facility Modifications. |
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Subpart V—COMMISSION COLLECTION OF ADVANCED TELECOMMUNICATIONS CAPABILITY DATA AND LOCAL EXCHANGE COMPETITION DATA
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| Scope and content of filed reports. |
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| Authority to update FCC Form 477. |
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Subpart W—FCC REGISTRATION NUMBER
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| FCC Registration Number (FRN). |
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| Providing the FRN in Commission filings. |
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| Penalty for Failure to Provide the FRN. |
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Subpart X—SPECTRUM LEASING
Scope And Authority
General Policies and Procedures
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| De facto control standard for spectrum leasing arrangements. |
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| Spectrum manager leasing arrangements. |
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| Long-term de facto transfer leasing arrangements. |
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| Short-term de facto transfer leasing arrangements. |
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| Contractual requirements applicable to spectrum leasing arrangements. |
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| Requirements for spectrum leasing arrangements entered into by licensees participating in the installment payment program. |
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| Special provisions related to spectrum manager leasing in the Citizens Broadband Radio Service. |
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| Special provisions relating to spectrum leasing arrangements involving licensees in the Public Safety Radio Services. |
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| Special provisions relating to spectrum leasing arrangements involving the ancillary terrestrial component of Mobile Satellite Services. |
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| Who may sign spectrum leasing notifications and applications. |
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| Assignment of file numbers to spectrum leasing notifications and applications. |
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| Amendments, waivers, and dismissals affecting spectrum leasing notifications and applications. |
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Subpart Y—INTERNATIONAL BUREAU FILING SYSTEM
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| What is the purpose of these rules? |
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| What happens if the rules conflict? |
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| When can I start operating? |
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| What am I allowed to do if I am approved? |
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| Is electronic filing mandatory? |
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| What applications can I file electronically? |
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| What are IBFS file numbers? |
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| What are the steps for electronic filing? |
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| Do I need to send paper copies with my electronic applications? |
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| Who may sign applications? |
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| How do I check the status of my application after I file it? |
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| What happens after officially filing my application? |
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| Are there exceptions for emergency filings? |
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| How do I apply for special temporary authority? |
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| How can I submit additional information? |
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| May I amend my application? |
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Subpart Z—COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT
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| Policies and procedures for employee supervision and control. |
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| Maintaining secure and accurate records. |
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| Submission of policies and procedures and Commission review. |
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| Assistance capability requirements. |
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| Additional assistance capability requirements for wireline, cellular, and PCS telecommunications carriers. |
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Subpart AA—COMPETITIVE BIDDING FOR UNIVERSAL SERVICE SUPPORT
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| Participation in competitive bidding for support. |
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| Prohibition of certain communications during the competitive bidding process. |
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| Competitive bidding process. |
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| Winning bidder's obligation to apply for support |
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Subpart BB—DISTURBANCE OF AM BROADCAST STATION ANTENNA PATTERNS
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| Tower construction or modification near AM stations. |
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| Installations on an AM antenna. |
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| Notice of tower construction or modification near AM stations. |
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| Appendix A to Part 1—A Plan of Cooperative Procedure in Matters and Cases Under the Provisions of Section 410 of the Communications Act of 1934 |
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| Appendix C to Part 1—Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process |
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