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Federal Communications Commission § 2.1047

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Federal Communications Commission § 2.1047 Pt. 1, App. C 47 CFR Ch. I (10–1–20 Edition) 4. Request from the Applicant a summary application of this Nationwide Agreement of the steps taken to comply with the re- within a State or with regard to the review quirements of Section 106 as set forth in this of individual Undertakings covered or ex- Nationwide Agreement, particularly the ap- cluded under the terms of this Agreement. plication of the Criteria of Adverse Effect; Comments related to telecommunications 5. Request from the Applicant copies of activities shall be directed to the Wireless any documents regarding the planning or Telecommunications Bureau and those re- construction of the Facility, including cor- lated to broadcast facilities to the Media Bu- respondence, memoranda, and agreements; reau. The Commission will consider public 6. If the Facility was constructed prior to comments and following consultation with full compliance with the requirements of the SHPO/THPO, potentially affected Indian Section 106, request from the Applicant an tribes and NHOs, or Council, where appro- explanation for such failure, and possible priate, take appropriate actions. The Com- measures that can be taken to mitigate any mission shall notify the objector of the out- resulting adverse effects on Historic Prop- come of its actions. erties. D. If the Commission concludes that there XII. AMENDMENTS is a probable violation of Section 110(k) (i.e., The signatories may propose modifications that ‘‘with intent to avoid the requirements or other amendments to this Nationwide of Section 106, [an Applicant] has inten- Agreement. Any amendment to this Agree- tionally significantly adversely affected a ment shall be subject to appropriate public Historic Property’’), the Commission shall notice and comment and shall be signed by notify the Applicant and forward a copy of the Commission, the Council, and the Con- the documentation set forth in Section X.C. ference. to the Council and, as appropriate, the SHPO/THPO and other consulting parties, XIII. TERMINATION along with the Commission’s opinion regard- A. Any signatory to this Nationwide ing the probable violation of Section 110(k). Agreement may request termination by writ- The Commission will consider the views of ten notice to the other parties. Within sixty the consulting parties in determining a reso- (60) days following receipt of a written re- lution, which may include negotiating a quest for termination from a signatory, all Memorandum of Agreement (MOA) that will other signatories shall discuss the basis for resolve any adverse effects. The Commission, the termination request and seek agreement SHPO/THPO, Council, and Applicant shall on amendments or other actions that would sign the MOA to evidence acceptance of the avoid termination. mitigation plan and conclusion of the Sec- B. In the event that this Agreement is ter- tion 106 review process. minated, the Commission and all Applicants E. Nothing in Section X or any other provi- shall comply with the requirements of 36 sion of this Agreement shall preclude the CFR Part 800. Commission from continuing or instituting enforcement proceedings under the Commu- XIV. ANNUAL REVIEW nications Act and its rules against an Appli- cant that has constructed a Facility prior to The signatories to this Nationwide Agree- completing required review under this ment will meet annually on or about the an- Agreement. Sanctions for violations of the niversary of the effective date of the Agree- Commission’s rules may include any sanc- ment to discuss the effectiveness of this tions allowed under the Communications Act Agreement, including any issues related to and the Commission’s rules. improper implementation, and to discuss any F. The Commission shall provide copies of potential amendments that would improve all concluding reports or orders for all Sec- the effectiveness of this Agreement. tion 110(k) investigations conducted by the XV. RESERVATION OF RIGHTS Commission to the original complainant, the Applicant, the relevant local government, Neither execution of this Agreement, nor and other consulting parties. implementation of or compliance with any G. Facilities that are excluded from Sec- term herein, shall operate in any way as a tion 106 review pursuant to the Collocation waiver by any party hereto, or by any person Agreement or Section III of this Agreement or entity complying herewith or affected are not subject to review under this provi- hereby, of a right to assert in any court of sion. Any parties who allege that such Fa- law any claim, argument or defense regard- cilities have violated Section 110(k) should ing the validity or interpretation of any pro- notify the Commission in accordance with vision of the NHPA or its implementing reg- the provisions of Section XI, Public Com- ulations contained in 36 CFR Part 800. ments and Objections. XVI. SEVERABILITY XI. PUBLIC COMMENTS AND OBJECTIONS If any section, subsection, paragraph, sen- Any member of the public may notify the tence, clause or phrase in this Agreement is, Commission of concerns it has regarding the for any reason, held to be unconstitutional 508 VerDate Sep<11>2014 10:43 Jun 03, 2021 Jkt 250214 PO 00000 Frm 00518 Fmt 8010 Sfmt 8002 Y:\SGML\250214.XXX 250214 spaschal on DSKJM0X7X2PROD with CFR Federal Communications Commission Pt. 2 or invalid or ineffective, such decision shall Subpart E—Distress, Disaster, and not affect the validity or effectiveness of the Emergency Communications remaining portions of this Agreement. In witness whereof, the Parties have caused 2.401 Distress messages. this Agreement to be executed by their re- 2.402 Control of distress traffic. spective authorized officers as of the day and 2.403 Retransmission of distress message. year first written above. 2.404 Resumption of operation after dis- Federal Communications Commission tress. llllllllllllllllllllllll 2.405 Operation during emergency. Chairman 2.406 National defense; free service. Date lllllllllllllllllllll 2.407 National defense; emergency author- ization. Advisory Council on Historic Preservation llllllllllllllllllllllll Subparts F–G [Reserved] Chairman Date lllllllllllllllllllll Subpart H—Prohibition Against National Conference of State Historic Pres- Eavesdropping ervation Officers 2.701 Prohibition against use of a radio de- llllllllllllllllllllllll vice for eavesdropping. Date lllllllllllllllllllll [70 FR 580, Jan. 4, 2005] Subpart I—Marketing of Radiofrequency Devices PART 2—FREQUENCY ALLOCA- 2.801 Radiofrequency device defined. TIONS AND RADIO TREATY MAT- 2.803 Marketing of radio frequency devices TERS; GENERAL RULES AND REG- prior to equipment authorization. ULATIONS 2.805 Operation of radio frequency devices prior to equipment authorization. 2.807 Statutory exceptions. Subpart A—Terminology 2.811 Transmitters operated under part 73 of Sec. this chapter. 2.1 Terms and definitions. 2.813 Transmitters operated in the Instruc- tional Television Fixed Service. Subpart B—Allocation, Assignment, and 2.815 External radio frequency power ampli- Use of Radio Frequencies fiers. 2.100 International regulations in force. Subpart J—Equipment Authorization 2.101 Frequency and wavelength bands. Procedures 2.102 Assignment of frequencies. 2.103 Federal use of non-Federal fre- GENERAL PROVISIONS quencies. 2.901 Basis and purpose. 2.104 International Table of Frequency Allo- cations. 2.906 Supplier’s Declaration of Conformity. 2.105 United States Table of Frequency Al- 2.907 Certification. locations. 2.908 Identical defined. 2.106 Table of Frequency Allocations. 2.909 Responsible party. 2.107 Radio astronomy station notification. 2.910 Incorporation by reference. 2.108 Policy regarding the use of the fixed- satellite allocations in the 3.6–3.7, 4.5–4.8, APPLICATION PROCEDURES FOR EQUIPMENT and 5.85–5.925 GHz bands. AUTHORIZATIONS 2.911 Application requirements. Subpart C—Emissions 2.915 Grant of application. 2.917 Dismissal of application. 2.201 Emission, modulation, and trans- mission characteristics. 2.919 Denial of application. 2.202 Bandwidths. 2.921 Hearing on application. 2.923 Petition for reconsideration; applica- Subpart D—Call Signs and Other Forms of tion for review. Identifying Radio Transmissions 2.924 Marketing of electrically identical equipment having multiple trade names 2.301 Station identification requirement. and models or type numbers under the 2.302 Call signs. same FCC Identifier. 2.303 Other forms of identification of sta- 2.925 Identification of equipment. tions. 2.926 FCC identifier. 509 VerDate Sep<11>2014 10:43 Jun 03, 2021 Jkt 250214 PO 00000 Frm 00519 Fmt 8010 Sfmt 8010 Y:\SGML\250214.XXX 250214 spaschal on DSKJM0X7X2PROD with CFR § 2.1 47 CFR Ch. I (10–1–20 Edition) CONDITIONS ATTENDANT TO AN EQUIPMENT RADIOFREQUENCY RADIATION EXPOSURE AUTHORIZATION 2.1091 Radiofrequency radiation exposure 2.927 Limitations on grants. evaluation: mobile devices. 2.929 Changes in name, address, ownership 2.1093 Radiofrequency radiation exposure or control of grantee. evaluation: portable devices. 2.931 Responsibilities. 2.932 Modification of equipment. Subpart K—Importation of Devices 2.933 Change in identification of equipment. 2.935 Electronic labeling of radiofrequency Capable of Causing Harmful Interference devices. 2.1201 Purpose. 2.937 Equipment defect and/or design 2.1202 Exclusions. change. 2.938 Retention of records. 2.1203 General requirement for entry into 2.939 Revocation or withdrawal of equip- the U.S.A. ment authorization. 2.1204 Import conditions. 2.941 Availability of information relating to 2.1207 Examination
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