(b) Whenever an applicant requests both an operator license or permit and an endorsement, the required fee will be the fee prescribed for the license document involved only. (c) No fee is required for applications for a replacement license or permit for a marriage-related change of name. (d) When an application is filed for a new license or permit and the applicant fails to appear for the required examination within 18 months, the application will be null and void for failure to prosecute and no refund will be made. issued by the Commission subject to payment and receipt of the applicable fee pursuant to the requirements of § 1.1102 of this chapter. In the case of operator authorizations, when the Commission is unable to collect the prescribed fee by a specified date upon notification mailed to the applicant at his last known address, the authorization will become null, void and ineffective after that date. § 1.1120 Schedule of fees for equipment type approval, type acceptance and certification. Type approval, type acceptance, certification or approval of subscription television systems shall require payment of fees as prescribed below: (a) Certification: Item: (1) Application for certification of each receiver model: 3 a. Television broadcast receiver b. FM broadcast receiver (with or without other c. Combination TV/FM broadcast receiver (with (2) Application for certification of equipment (b) Type acceptance: Item 12 (1) Application for type acceptance for each equipment type 2 3 4 (2) Application for the addition of one or more rule parts to existing type acceptance for each equipment type as identified by manufacturer or trade name and type number. (3) Approval of subscription television system. (4) Application for type acceptance of EBS Attention Signal encoder operating under Part 73 12 (c) Type approval: 5 2. Medical diathermy, microwave ovens and other Subpart H equipment (915 MHz and above). 3. Ultrasonic.. Application for type approval where unit has been previously rejected for deficiency and is resubmitted for testing. 'The receiver part of a transceiver or a unit which includes a transmitter and receiver shall be separately certificated. The application for receiver certification shall be filed simultaneously with, but under separate cover from, the application for type acceptance. In the case of an equipment in which one or more receivers and transmitters are packaged as an individual equipment and identified by a single type number, each receiver shall be separately certificated and each transmitter shall be separately type accepted. The application(s) for certification for each receiver shall be filed simultaneously with, but under separate cover from, the application(s) for type acceptance. Application for certification or type acceptance of equipments which bear different identification will be considered separate applications, regardless of whether such equipment may be otherwise identical. 'Fees for type acceptance are not required in the following cases: (a) when a request for type acceptance is included in an application for station license and covers only the item of equipment to be authorized in that particular station; (b) when a request is made by the licensee of a station for approval of modifications to a specific item of existing type accepted equipment authorized in that particular station. Whenever an item subject to type approval is required to comply with more than 1 set of technical specifications, separate fees will be required for each set of technical specifications for which compliance is examined. For example, a combined frequency and modulation monitor will require the payment of fees applicable to each; a frequency monitor for standard broadcast and FM broadcast will require payment of fees applicable to each. Likewise, combination units of items of the same type, for example, a combination of two radars, will require payment of 2 fees. A separate application, with payment of appropriate fees, is required for each equipment bearing different identification, whether in trade name or model number, even though such equipment may otherwise be identical to another. However, see note 9 below. "The filing fee must be remitted with the application. The applicant may include the grant fee if he desires; otherwise the grant fee shall be remitted within the prescribed 45 days after grant of type approval. See § 1.1102 of this chapter. "A single application is required for a combination under a single identification of 2 or more equipments which are subject to type approval, such as a combination of 2 radars. However, payment of separate fees will be required for each equipment which is tested. For an equipment which is subject to 2 or more sets of technical specifications in the rules, separate fees will be required for each set of tests. For a family or series of equipment models having the same radio frequency generator or transmitter and so nearly identical in design and construction that tests on only 1 model will be required, the model tested will be subject to the fees specified in paragraph (c)(1), and the other models in that series will be subject to the fees specified in paragraph (c)(2). For example, this would apply to 2 or more models of microwave ovens identical except for identification, styling, and, minor electrical or mechanical changes. Likewise, it would apply to 2 or more models of marine radars which employ the same transmitter but with different combinations of accessories. However, initial applications for type approval which request use of alternate magnetrons or other critical components will require payment of the fee indicated in paragraph (c)(1) plus the fee required in paragraph (c)(3)a. 1075 percent of the filing and grant fees specified in (1) above for the particular class of equipment. "If the decoder is included as an integral part of a receiver subject certification, the fee for certification of that category receiver shall apply, in lieu of this amount, for certification of the combination. 12 Fees for type acceptance and certification of EBS. Attention Signal encoders and decoders, respectively, are not required when the request for type acceptance or certification covers devices constructed by stations licensed under Part 73 for use only at their particular station. Marketing of such devices is prohibited. [40 FR 16396, Apr. 11, 1975, as amended at 40 FR 34117, Aug. 14, 1975; 41 FR 7398, Feb. 18, 1976] sonnel other than decision-making Commission personnel. (e) Interested person. Any person having a direct or indirect interest in the outcome of a restricted proceeding or a non-restricted rule making proceeding, including the following: (1) Parties to the proceeding. (2) Any other person who might be aggrieved or adversely affected by the outcome of the proceeding. See Sections 402(b)(6) and 405 of the Communications Act, as amended; see also 28 U.S.C. 2344. (3) Agents for parties or for other persons who might be aggrieved or adversely affected by the outcome of the proceeding, including attorneys and consulting engineers. (4) Persons representing the interests of parties to the proceeding or of others who might be aggrieved or adversely affected by the outcome of the proceeding, whether or not such persons act with the knowledge and consent of those whose interests they represent. (f) Presentation. Any communication going to the merits or outcome of a proceeding. NOTE: The term "presentation" is narrower than the general term "communication." For a discussion of the term "presentation," see 1 FCC 2d 49 (1965), at paragraphs 19-25; FCC 2d (1980) (i.e., this order), at paragraphs 2, 39, 49 & nn.2, 21. (g) Ex parte presentation. (1) Any written presentation, made to decision-making personnel by another person, which is not served on the parties to the proceeding. See §§ 1.47 and 1.211. NOTE: Comments and reply comments submitted in informal rule making proceedings pursuant to §§ 1.415 and 1.419 are not considered ex parte presentations even though they are not served on other parties. (2) Any oral presentation, made to decision-making personnel by any other person, without advance notice to the parties to the proceeding and opportunity for them to be present. (h) Non-restricted rule making proceeding. A proceeding of the type listed in § 1.1211. (i) Professional employees. Lawyers, engineers, economists, accountants, and any other staff members having substantive input into a proceeding. [30 FR 9271, July 24, 1965, as amended at 45 FR 45591, July 7, 1980] § 1.1203 Restricted adjudicative proceed. ings. (a) All adjudicative proceedings, including the following, are "restricted" from the time they are designated for hearing until they are removed from hearing status, or have been decided by the Commission, and are no longer subject to reconsideration by the Commission or to review by any court: (1) Any proceeding involving the issuance, renewal, modification or assignment of any instrument authorizing the construction or operation of radio facilities under Title III of the Communications Act of 1934, as amended. (2) Any proceeding involving the transfer of control of a corporate licensee or permittee under section 310 of the Communications Act. (3) Any revocation and/or cease and desist proceeding under section 312 of the Communications Act, unless and until the hearing is waived pursuant to the provisions of § 1.92. (4) Any proceeding involving the issuance or suspension of an operator license or permit under section 303(1) or (m) of the Communications Act. (5) Any proceeding conducted pursuant to the provisions of sections 206, 207, 212, 214(a) or 221(a) of the Communications Act. (6) Any proceeding conducted pursuant to the provisions of section 201(c)(6), (7) or (9), or section 304(f), of the Communications Satellite Act of 1962. (b) In the following circumstances, in addition, proceedings involving applications filed under section 308 of the Communications Act are "restricted", as to interested persons, prior to their designation for hearing: (1) Application proceedings are restricted as to interested persons from the day on which a petition to deny is filed. (See section 309(d) of the Communications Act.) If the petition is denied, the proceeding is restricted until the order disposing of the petition is no longer subject to reconsideration by the Commission or to review by any court. If the proceeding is des ignated for hearing, paragraph (a) of this section applies. (2) Application proceedings are restricted as to interested persons from the day on which public notice of the filing of a mutually exclusive application is given. Prior to the day on which public notice is given, such proceedings are restricted as to any interested person having actual knowledge that a mutually exclusive application has been filed. If action is taken by the applicants (or any of them) looking toward removal of the conflict between the applications, the restrictions continue until such action has been approved by the Commission and the Commission's order with respect thereto is no longer subject to reconsideration by the Commission or to review by any court. See § 1.525. If the proceeding is designated for hearing paragraph (a) of this section applies. (i) Except as provided in paragraph (b)(2) of this section, the "Public Notices" issued at regular intervals listing all applications and major amendments thereto which have been tendered (or, in non-broadcast services, accepted) for filing shall constitute public notice of the filing of a mutually exclusive application. See §§ 1.564(c), 1.962(e) and 21.27(b) of this chapter. (ii) Where there is doubt as to whether two applications are in fact mutually exclusive, or where the conflict between the applications does not clearly appear from such regularly issued "Public Notices", the Commission will endeavor to issue specific public notices stating that there is a possibility of conflict between the applications. In such circumstances, the specific public notice, rather than the regularly issued "Public Notices" of applications tendered (or accepted) for filing, shall constitute public notice for purposes of this section. (Such public notices are based on a preliminary review of the applications by the administrative staff and are accorded no significance in determining whether the applications should be designated for hearing.) (c) Cable television proceedings on a petition for special relief or an application for certificate of compliance are restricted as to interested persons personnel (restricted adjudicative proceedings). The following categories of persons are designated as decision-making Commission personnel in restricted adjudicative proceedings: (a) The Commissioners and their personal office staffs. (b) The Chief of the Office of Opinions and Review and his staff. (c) The Review Board and its staff. (d) The Chief Administrative Law Judge, the Administrative Law Judges, and the staff of the Office of Administrative Law Judges. (e) The General Counsel and his staff. (f) The Chief Scientist and his staff. (g) The Chief of the Office of Plans and Policy and his staff. [40 FR 21958, May 20, 1975, as amended at 44 FR 39181, July 5, 1979] § 1.1207 Restricted rule making proceedings. Except as otherwise ordered by the Commission, the following rule making proceedings are "restricted" from the day they are instituted until they have been decided by the Commission and are no longer subject to reconsideration by the Commission or review by any court: (a) Any proceeding conducted pursuant to the provisions of sections 201(a), 204, 205, 213(a), 214(d), 221(c), or 222 of the Communications Act. (b) Any proceeding involving the establishment of "charges, classifications, practices, regulations, and other terms and conditions", or the allocation of available facilities and stations among users, conducted pursuant to the provisions of section 201(c)(2) of the Communications Satellite Act of 1962. (c) Any rate making proceeding conducted pursuant to the provisions of section 201(c)(5) of the Communications Satellite Act of 1962. (d) Any informal rule making proceeding which, in the Commission's judgment, involves "competing claims to a valuable privilege." Such proceedings will be deemed "restricted" from the date on which a notice of proposed rulemaking is issued. [30 FR 9271, July 24, 1965, as amended at 34 FR 8243, May 28, 1969; 39 FR 18280, May 24, 1974; 45 FR 45591, July 7, 1980] § 1.1209 Decision-making Commission personnel (restricted rule making proceedings). The following categories of persons are designated as decision-making Commission personnel in restricted rule making proceedings: (a) The Commissioners and their personal office staffs. (b) The Chief of the Office of Opinions and Review and his staff. (c) The Chief Administrative Law Judge, the Administrative Law Judges, and the staff of the Office of Administrative Law Judges. (d) The Chief of the Common Carrier Bureau and his staff; Provided, however, That in any restricted rulemaking proceeding where the Commission directs a separated trial staff to participate, the Chief, Hearing and Legal Division of the Common Carrier Bureau shall be a party in the proceeding and he and his staff shall be non-decision-making personnel. In such cases the Chief of the Hearing and Legal Division and his staff will be separated from the Commission, the presiding Administrative Law Judge, the Office of the General Counsel, and the Chief and Deputy Chief and all division Chiefs of the Common Carrier Bureau, but are unrestricted in their access to all other Commission personnel. NOTE: Notwithstanding the requirements of 1.1221 or any other provision of this chapter to the contrary, in restricted rulemaking proceedings, the Chief, Hearing and Legal Division and his staff shall be separat ed from decision-making personnel only to the extent indicated in this paragraph. (e) The General Counsel and his staff. (f) The Chief Scientist and his staff. (g) The Chief of the Cable Television Bureau and his staff when participating in proceedings involving service by common carriers to cable television systems. (h) The Chief of the Office of Plans and Policy and his staff. In a restricted informal rule making proceeding, the Commissioners and all professional employees of the agency who are involved in the proceeding are considered decision-making personnel. [40 FR 47136, Oct. 8, 1975, as amended at 44 FR 39181, July 5, 1979; 45 FR 45591, July 7, 1980] § 1.1211. Non-restricted rule making proceedings. Any informal rule making proceeding which, in the Commission's judgment, does not involve "competing claims to a valuable privilege" is a non-restricted rule making proceeding. [45 FR 45591, July 7, 1980] § 1.1213 Decision-making Commission personnel (non-restricted rule making proceedings). In a non-restricted rule making proceeding, the Commissioners and all professional employees of the agency who are involved in the proceeding are considered decision-making personnel. [45 FR 45591, July 7, 1980] PROHIBITED PRESENTATIONS § 1.1221 Presentations prohibited in restricted proceedings which have been designated for hearing. Except as provided in § 1.1227, the following presentations are prohibited in restricted proceedings which have been designated for hearing: (a) Oral presentations. Persons outside the Commission and non-decisionmaking Commission personnel shall not, directly or indirectly, make or attempt to make any oral ex parte presentation. (b) Written presentations. Interested persons and non-decision-making Com |