WTB Special Temporary Authority and Waiver Request Filing Guide

Quick Reference

During evening hours, weekends, and holidays, licensees needing FCC emergency assistance or STAs can call the FCC’s Operations Center, which is open 24 hours a day, 7 days a week, at (202) 418-1122 or by email at FCCOPCenter@fcc.gov.

STA

An application for special temporary authority (“STA”) allows an applicant to obtain immediate or temporary operation of certain radio facilities.  An STA may be granted in the following circumstances:

1. In emergency situations, such as natural disasters;
2. To permit restoration or relocation of existing facilities to continue communication service;
3. For a temporary, non-recurring service where a regular authorization is not appropriate; and
4. In other situations involving circumstances which are of such extraordinary nature that delay in the initiation of temporary operation would seriously prejudice the public interest.

See section 1.931 of the FCC’s rules for more details on STAs: https://gov.ecfr.io/cgi-bin/retrieveECFR?gp=&SID=63fbcf8ac0029fa17180d350b1625096&mc=true&n=sp47.1.1.f&r=SUBPART&ty=HTML#se47.1.1_1931

How to file an STA:

1. Emergency STAs:
   • Emergency requests for STA may be submitted by informal letter via email or, if necessary, by telephone. To file STA requests via email or telephone, or to receive an oral STA during regular business hours, licensees may contact the FCC personnel listed above.
     • As appropriate, licensees may also file emergency STA requests electronically through the Commission’s Universal Licensing System (ULS): https://www.fcc.gov/wireless/systems-utilities/universal-licensing-system Please notify the POC for the type of license for which the STA is requested as well.
     • For emergency requests for STA that the FCC grants and that are not filed in the first instance in ULS (i.e., requests by informal letter via email, or by telephone), the grant may include a requirement that the applicant file a subsequent request in ULS within 10 days. Applicants should follow the processes outlined in section two or three below, as appropriate.
   • All emergency STA requests should provide the emergency nature of the request, the technical parameters of the proposed operation, and a contact point. These requests will be handled as expeditiously as possible.
   • Please note that an Applicant’s emergency STA request may be posted publicly on the Commission’s webpage, so please do not include any confidential information.
2. STAs for market-based services (auctioned licenses):
   • For services where licenses are issued through an auction, and are therefore market-based, STAs must be filed using the ECFS non-docketed filing portal with hte following FCC Inbox category:
     • Inbox - 1.931 Market-based STAs
       • Requests for Special Temporary Authority (STA) in market-based services, typically awarded by auction.
   • Do Not use the ECFS non-docketed filing portal to submit any confidential documents, as all documents uploaded via ECFS are available to the public.  If an application requires the submission of confidential information, please coordinate with FCC staff to submit the specific confidential components via email.

Filing Instructions

1. Filers should access the ECFS filing portal at https://www.fcc.gov/ecfs/filings.
2. Click on the blue header labeled “Non-Docketed Filing.”
3. From the field labeled “FCC Inbox,” use the drop-down menu to select the appropriate inbox for the intended filing:
   • INBOX – 1.931 Market-based STAs
4. Complete the necessary fields regarding filer information
5. In the “Upload Documents” field, click to upload the appropriate document or drag and drop the document in the perforated box.
   • Filers must include an electronic copy of their completed application signed pursuant to section 1.52 of the Commission’s rules, as well as any associated attachments.
   • Application filings must continue to utilize standard FCC forms for the intended application type, as found on the FCC forms page:https://www.fcc.gov/licensing-databases/forms.
   • The ECFS system permits a maximum of five uploadable files per filing;
   • Filing types accepted are PDF, text, ppt, pptx, docx, xlxs, doc, xls, rtf, and dwg.
6. Select “continue to review screen” at bottom of screen
   • Review summary of information completed for accuracy.
   • If any corrections are required, filers can navigate back to the previous screen with the filer information using their browser’s back button.
7. Once filers have confirmed that the information they entered is correct, click the “submit” button on the bottom of the screen.
   • Filer will receive a confirmation number upon submission
   • Please save the number for tracking purposes.
8. If your application requires a fee, FCC staff will bill filers for the applicable fee once the application has been assigned a file number or otherwise keyed into ULS.
   • Filers will receive an email notifying them of the payment due
   • All fees must be paid electronically; Filers will utilize the Fee Filer portal to make the associated payment electronically:https://apps.fcc.gov/FeeFiler/login.cfm
   • Filers will have 30 days to remit payment electronically from the issuance of the notice from FCC staff.
9. Please direct any questions about filed applications to WTB Staff:
   • Mobility Division: Keith Harper (202) 418-2759; Keith.Harper@fcc.gov
   • Broadband Division: Paul Malmud (202) 418-0006; Paul.Malmud@fcc.gov.  
10. Technical Assistance:
    • For technical assistance with ECFS, please contact the ECFS Help Desk at 202-418-0193 or ECFSHelp@fcc.gov.
    • For technical assistance with FCC Pay fees, please contact the ULS Help Line: (877)480-3201 and select option 2 (Mon.-Fri. 8 a.m.-6 p.m. ET).

• If the STA request asks for the use of spectrum that is currently authorized to another licensee, then the application must include written consent from the licensee of that market-based spectrum.

1. All other STA applications:

• All other STAs must be filed electronically using ULS: https://www.fcc.gov/wireless/systems-utilities/universal-licensing-system
• For specific instructions on how to file an STA application, please see: https://www.fcc.gov/applying-special-temporary-authority

Waiver

The Commission may waive specific requirements of its rules upon request.  Grant of a waiver request requires a showing that:

1. The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or
2. In view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative.

See section 1.925 of the FCC’s rules for more details on waiver requests: https://gov.ecfr.io/cgi-bin/text-idx?SID=192c7d6fedffff8b669582fabf19423d&mc=true&node=se47.1.1_1925&rgn=div8

How to file a Waiver:

1. Waivers associated with an FCC authorization:

• Requests for waiver of rules associated with licenses or applications in the Wireless Radio Services (as defined in Part 1 of the FCC’s rules) must be filed on FCC Form 601, 603, or 605.
• See specific instructions for how to include a waiver request by locating the specified forms: https://www.fcc.gov/licensing-databases/forms
• All waiver requests must include the following:
  • A statement of reasons sufficient to justify the waiver, identifying the specific rules or policies for which the waiver is requested, for each rule waiver desired.

2. Waivers not associated with an FCC authorization:

• All other waiver requests are encouraged to be filed electronically, through the Commission’s Electronic Comment Filing System ("ECFS"): https://www.fcc.gov/ecfs/filings.
• Filings in an existing proceeding with a docket number can be made using the standard filing tab in ECFS.
• Filings without an existing docket number can be filed through the non-docketed filing tab in ECFS using "Inbox 1.3 – Petition for Waiver (Miscellaneous)."
• For assistance with using ECFS, please contact the ECFS Help Desk at 202-418-0193 or via email at ECFSHelp@fcc.gov.

After Hours Contact