Pt. 2 47 CFR Ch. I (10–1–14 Edition) enforcement proceedings under the Commu- XIV. ANNUAL REVIEW nications Act and its rules against an Appli- The signatories to this Nationwide Agree- cant that has constructed a Facility prior to ment will meet annually on or about the an- completing required review under this niversary of the effective date of the Agree- Agreement. Sanctions for violations of the ment to discuss the effectiveness of this Commission’s rules may include any sanc- Agreement, including any issues related to tions allowed under the Communications Act 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 application of this Nationwide Agreement or invalid or ineffective, such decision shall within a State or with regard to the review not affect the validity or effectiveness of the of individual Undertakings covered or ex- remaining portions of this Agreement. cluded under the terms of this Agreement. In witness whereof, the Parties have caused Comments related to telecommunications this Agreement to be executed by their re- activities shall be directed to the Wireless spective authorized officers as of the day and Telecommunications Bureau and those re- year first written above. lated to broadcast facilities to the Media Bu- Federal Communications Commission reau. The Commission will consider public llllllllllllllllllllllll comments and following consultation with Chairman the SHPO/THPO, potentially affected Indian Date lllllllllllllllllllll tribes and NHOs, or Council, where appro- priate, take appropriate actions. The Com- Advisory Council on Historic Preservation mission shall notify the objector of the out- llllllllllllllllllllllll come of its actions. Chairman Date lllllllllllllllllllll XII. AMENDMENTS National Conference of State Historic Pres- The signatories may propose modifications ervation Officers or other amendments to this Nationwide llllllllllllllllllllllll Agreement. Any amendment to this Agree- ment shall be subject to appropriate public Date lllllllllllllllllllll notice and comment and shall be signed by [70 FR 580, Jan. 4, 2005] the Commission, the Council, and the Con- ference. PART 2—FREQUENCY ALLOCA- XIII. TERMINATION TIONS AND RADIO TREATY MAT- A. Any signatory to this Nationwide TERS; GENERAL RULES AND REG- Agreement may request termination by writ- ULATIONS ten notice to the other parties. Within sixty (60) days following receipt of a written re- Subpart A—Terminology quest for termination from a signatory, all other signatories shall discuss the basis for Sec. the termination request and seek agreement 2.1 Terms and definitions. on amendments or other actions that would avoid termination. Subpart B—Allocation, Assignment, and B. In the event that this Agreement is ter- Use of Radio Frequencies minated, the Commission and all Applicants shall comply with the requirements of 36 2.100 International regulations in force. CFR Part 800. 2.101 Frequency and wavelength bands. 482 VerDate Sep<11>2014 13:24 Jan 16, 2015 Jkt 232207 PO 00000 Frm 00492 Fmt 8010 Sfmt 8010 Y:\SGML\232207.XXX 232207 rljohnson on DSK3VPTVN1PROD with CFR Federal Communications Commission Pt. 2 2.102 Assignment of frequencies. Subpart J—Equipment Authorization 2.103 Federal use of non-Federal fre- Procedures quencies. 2.104 International Table of Frequency Allo- GENERAL PROVISIONS cations. 2.901 Basis and purpose. 2.105 United States Table of Frequency Al- 2.902 Verification. locations. 2.906 Declaration of Conformity. 2.106 Table of Frequency Allocations. 2.907 Certification. 2.107 Radio astronomy station notification. 2.908 Identical defined. 2.108 Policy regarding the use of the fixed- 2.909 Responsible party. satellite allocations in the 3.6–3.7, 4.5–4.8, and 5.85–5.925 GHz bands. APPLICATION PROCEDURES FOR EQUIPMENT AUTHORIZATIONS Subpart C—Emissions 2.911 Written application required. 2.913 Submittal of equipment authorization 2.201 Emission, modulation, and trans- application or information to the Com- mission characteristics. mission. 2.202 Bandwidths. 2.915 Grant of application. 2.917 Dismissal of application. Subpart D—Call Signs and Other Forms of 2.919 Denial of application. Identifying Radio Transmissions 2.921 Hearing on application. 2.923 Petition for reconsideration; applica- 2.301 Station identification requirement. tion for review. 2.302 Call signs. 2.924 Marketing of electrically identical 2.303 Other forms of identification of sta- equipment having multiple trade names tions. and models or type numbers under the same FCC Identifier. Subpart E—Distress, Disaster, and 2.925 Identification of equipment. Emergency Communications 2.926 FCC identifier. 2.401 Distress messages. CONDITIONS ATTENDANT TO AN EQUIPMENT 2.402 Control of distress traffic. AUTHORIZATION 2.403 Retransmission of distress message. 2.927 Limitations on grants. 2.404 Resumption of operation after dis- 2.929 Changes in name, address, ownership tress. or control of grantee. 2.405 Operation during emergency. 2.931 Responsibility of the grantee. 2.406 National defense; free service. 2.932 Modification of equipment. 2.407 National defense; emergency 2.933 Change in identification of equipment. authorization. 2.936 FCC inspection. 2.937 Equipment defect and/or design Subparts F–G [Reserved] change. 2.938 Retention of records. Subpart H—Prohibition Against 2.939 Revocation or withdrawal of equip- Eavesdropping ment authorization. 2.941 Availability of information relating to 2.701 Prohibition against use of a radio de- grants. vice for eavesdropping. 2.943 Submission of equipment for testing. 2.944 Software defined radios. Subpart I—Marketing of Radiofrequency 2.945 Sampling tests of equipment compli- Devices ance. 2.946 Penalty for failure to provide test 2.801 Radiofrequency device defined. samples and data. 2.803 Marketing of radio frequency devices 2.947 Measurement procedure. prior to equipment authorization. 2.948 Description of measurement facilities. 2.805 Operation of radio frequency devices prior to equipment authorization. VERIFICATION 2.807 Statutory exceptions. 2.951 Cross reference. 2.811 Transmitters operated under part 73 of 2.952 Limitation on verification. this chapter. 2.953 Responsibility for compliance. 2.813 Transmitters operated in the Instruc- 2.954 Identification. tional Television Fixed Service. 2.955 Retention of records. 2.815 External radio frequency power ampli- 2.956 FCC inspection and submission of fiers. equipment for testing. 483 VerDate Sep<11>2014 13:24 Jan 16, 2015 Jkt 232207 PO 00000 Frm 00493 Fmt 8010 Sfmt 8010 Y:\SGML\232207.XXX 232207 rljohnson on DSK3VPTVN1PROD with CFR § 2.1 47 CFR Ch. I (10–1–14 Edition) TELECOMMUNICATION CERTIFICATION BODIES Subpart N [Reserved] (TCBS) 2.960 Designation of Telecommunication AUTHORITY: 47 U.S.C. 154, 302a, 303, and 336, Certification Bodies (TCBs). unless otherwise noted. 2.962 Requirements for Telecommunication SOURCE: 28 FR 12465, Nov. 22, 1963, unless Certification Bodies. otherwise noted. CERTIFICATION EDITORIAL NOTE: Nomenclature changes to 2.1031 Cross reference. part 2 appear at 63 FR 54077, Oct. 8, 1998. 2.1033 Application for certification. 2.1035 [Reserved] Subpart A—Terminology 2.1041 Measurement procedure. 2.1043 Changes in certificated equipment. § 2.1 Terms and definitions. 2.1046 Measurements required: RF power output. (a) Where a term or definition ap- 2.1047 Measurements required: Modulation pears in this part of the Commission’s characteristics. Rules, it shall be the definitive term or 2.1049 Measurements required: Occupied definition and shall prevail throughout bandwidth. the Commission’s Rules. 2.1051 Measurements required: Spurious emissions at antenna terminals. (b) The source of each definition is 2.1053 Measurements required: Field indicated as follows: strength of spurious radiation. CS—Annex to the Constitution of the 2.1055 Measurements required: Frequency International Telecommunication stability. Union (ITU) 2.1057 Frequency spectrum to be inves- tigated. CV—Annex to the Convention of the 2.1060 Equipment for use in the amateur ITU radio service. FCC—Federal Communications Com- mission DECLARATION OF CONFORMITY RR—ITU Radio