[Title 47 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 1998 Edition]
[From the U.S. Government Printing Office]
47
Telecommunication
[[Page i]]
PARTS 20 TO 39
Revised as of October 1, 1998
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF OCTOBER 1, 1998
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1998
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 47:
Chapter I--Federal Communications Commission
(Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 531
Alphabetical List of Agencies Appearing in the CFR...... 549
Table of OMB Control Numbers............................ 559
List of CFR Sections Affected........................... 569
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 47 CFR 20.1 refers
to title 47, part 20,
section 1.
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[[Page v]]
EXPLANATION
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Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
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[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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[[Page vii]]
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Director,
Office of the Federal Register.
October 1, 1998.
[[Page ix]]
THIS TITLE
Title 47--Telecommunication is composed of five volumes. The parts
in these volumes are arranged in the following order: Parts 0-19, parts
20-39, parts 40-69, parts 70-79, and part 80 to End, chapter I--Federal
Communications Commission. The last volume, part 80 to End, also
includes chapter II--Office of Science and Technology Policy and
National Security Council, and chapter III--National Telecommunications
and Information Administration, Department of Commerce. The contents of
these volumes represent all current regulations codified under this
title of the CFR as of October 1, 1998.
Part 73 contains a numerical designation of FM broadcast channels
(Sec. 73.201) and a table of FM allotments designated for use in
communities in the United States, its territories, and possessions
(Sec. 73.202). Part 73 also contains a numerical designation of
television channels (Sec. 73.603) and a table of allotments which
contain channels designated for the listed communities in the United
States, its territories, and possessions (Sec. 73.606).
The OMB control numbers for the Federal Communications Commission,
appear in Sec. 0.408 of chapter I. For the convenience of the user
Sec. 0.408 is reprinted in the Finding Aids section of the second
through fifth volumes.
A redesignation table appears in the Finding Aids section of the
volume containing part 80 to End.
For this volume, Melanie L. Marcec was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 47--
TELECOMMUNICATION
(This book contains parts 20 to 39)
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Part
chapter i--Federal Communications Commission (Continued).... 20
[[Page 3]]
CHAPTER I--FEDERAL COMMUNICATIONS
COMMISSION (Continued)
--------------------------------------------------------------------
SUBCHAPTER B--COMMON CARRIER SERVICES
Part Page
20 Commercial mobile radio services............ 5
21 Domestic public fixed radio services........ 17
22 Public mobile services...................... 89
23 International fixed public
radiocommunication services............. 217
24 Personal communications services............ 236
25 Satellite communications.................... 304
26 General wireless communications service..... 362
27 Wireless communications service............. 386
32 Uniform system of accounts for
telecommunications companies............ 413
36 Jurisdictional separations procedures;
standard procedures for separating
telecommunications property costs,
revenues, expenses, taxes and reserves
for telecommunications companies........ 487
37--39
[Reserved]
Cross Reference:
Excise taxes on communications services and facilities: Internal
Revenue, 26 CFR Part 49.
Supplemental Publications:
Annual Reports of the Federal Communications Commission to Congress.
Federal Communications Commission Reports of Orders and Decisions.
Communications Act of 1934 (with amendments and index thereto), Recap.
Version, January 1974, Packets No. 1 through 6.
Miscellaneous Publications:
Study Guide and Reference Material for Commercial Radio Operator
Examinations, May 1979 edition.
[[Page 5]]
SUBCHAPTER B--COMMON CARRIER SERVICES
PART 20--COMMERCIAL MOBILE RADIO SERVICES--Table of Contents
Sec.
20.1 Purpose.
20.3 Definitions.
20.5 Citizenship.
20.6 CMRS spectrum aggregation limit.
20.7 Mobile services.
20.9 Commercial mobile radio service.
20.11 Interconnection to facilities of local exchange carriers.
20.12 Resale and roaming.
20.13 State petitions for authority to regulate rates.
20.15 Requirements under Title II of the Communications Act.
20.18 911 Service.
20.20 Conditions applicable to provision of CMRS service by incumbent
Local Exchange Carriers.
Authority: 47 U.S.C. 154, 160, 251-254, 303, and 332 unless
otherwise noted.
Source: 59 FR 18495, Apr. 19, 1994, unless otherwise noted.
Sec. 20.1 Purpose.
The purpose of these rules is to set forth the requirements and
conditions applicable to commercial mobile radio service providers.
Sec. 20.3 Definitions.
Automatic Number Identification (ANI). A system that identifies the
billing account for a call. For 911 systems, the ANI identifies the
calling party and may be used as a call back number.
Commercial mobile radio service. A mobile service that is:
(a)(1) provided for profit, i.e., with the intent of receiving
compensation or monetary gain;
(2) An interconnected service; and
(3) Available to the public, or to such classes of eligible users as
to be effectively available to a substantial portion of the public; or
(b) The functional equivalent of such a mobile service described in
paragraph (a) of this section.
Designated PSAP. The Public Safety Answering Point (PSAP) designated
by the local or state entity that has the authority and responsibility
to designate the PSAP to receive wireless 911 calls.
Incumbent Wide Area SMR Licensees. Licensees who have obtained
extended implementation authorizations in the 800 MHz or 900 MHz
service, either by waiver or under Section 90.629 of these rules, and
who offer real-time, two-way voice service that is interconnected with
the public switched network.
Interconnection or Interconnected. Direct or indirect connection
through automatic or manual means (by wire, microwave, or other
technologies such as store and forward) to permit the transmission or
reception of messages or signals to or from points in the public
switched network.
Interconnected Service. A service: (a) That is interconnected with
the public switched network, or interconnected with the public switched
network through an interconnected service provider, that gives
subscribers the capability to communicate to or receive communication
from all other users on the public switched network; or
(b) For which a request for such interconnection is pending pursuant
to section 332(c)(1)(B) of the Communications Act, 47 U.S.C.
332(c)(1)(B). A mobile service offers interconnected service even if the
service allows subscribers to access the public switched network only
during specified hours of the day, or if the service provides general
access to points on the public switched network but also restricts
access in certain limited ways. Interconnected service does not include
any interface between a licensee's facilities and the public switched
network exclusively for a licensee's internal control purposes.
Mobile Service. A radio communication service carried on between
mobile stations or receivers and land stations, and by mobile stations
communicating among themselves, and includes:
(a) Both one-way and two-way radio communications services;
(b) A mobile service which provides a regularly interacting group of
base, mobile, portable, and associated control and relay stations
(whether licensed on an individual, cooperative, or multiple basis) for
private one-way or
[[Page 6]]
two-way land mobile radio communications by eligible users over
designated areas of operation; and
(c) Any service for which a license is required in a personal
communications service under part 24 of this chapter.
Private Mobile Radio Service. A mobile service that is neither a
commercial mobile radio service nor the functional equivalent of a
service that meets the definition of commercial mobile radio service.
Private mobile radio service includes the following:
(a) Not-for-profit land mobile radio and paging services that serve
the licensee's internal communications needs as defined in part 90 of
this chapter. Shared-use, cost-sharing, or cooperative arrangements,
multiple licensed systems that use third party managers or users
combining resources to meet compatible needs for specialized internal
communications facilities in compliance with the safeguards of
Sec. 90.179 of this chapter are presumptively private mobile radio
services;
(b) Mobile radio service offered to restricted classes of eligible
users. This includes entities eligible in the Public Safety Radio Pool
and Radiolocation service.
(c) 220-222 MHz land mobile service and Automatic Vehicle Monitoring
systems (part 90 of this chapter) that do not offer interconnected
service or that are not-for-profit; and
(d) Personal Radio Services under part 95 of this chapter (General
Mobile Services, Radio Control Radio Services, and Citizens Band Radio
Services); Maritime Service Stations (excluding Public Coast stations)
(part 80 of this chapter); and Aviation Service Stations (part 87 of
this chapter).
Pseudo Automatic Number Identification (Pseudo-ANI). A number,
consisting of the same number of digits as ANI, that is not a North
American Numbering Plan telephone directory number and may be used in
place of an ANI to convey special meaning. The special meaning assigned
to the pseudo-ANI is determined by agreements, as necessary, between the
system originating the call, intermediate systems handling and routing
the call, and the destination system.
Public Safety Answering Point. A point that has been designated to
receive 911 calls and route them to emergency service personnel.
Public Switched Network. Any common carrier switched network,
whether by wire or radio, including local exchange carriers,
interexchange carriers, and mobile service providers, that use the North
American Numbering Plan in connection with the provision of switched
services.
[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38402, July 24, 1996;
61 FR 40352, Aug. 2, 1996; 62 FR 18843, Apr. 17, 1997; 63 FR 2637, Jan.
16, 1998]
Sec. 20.5 Citizenship.
(a) This rule implements section 310 of the Communications Act, 47
U.S.C. 310, regarding the citizenship of licensees in the commercial
mobile radio services. Commercial mobile radio service authorizations
may not be granted to or held by:
(1) Any foreign government or any representative thereof;
(2) Any alien or the representative of any alien;
(3) Any corporation organized under the laws of any foreign
government;
(4) Any corporation of which more than one-fifth of the capital
stock is owned of record or voted by aliens or their representatives or
by a foreign government or representative thereof or by any corporation
organized under the laws of a foreign country; or
(5) Any corporation directly or indirectly controlled by any other
corporation of which more than one-fourth of the capital stock is owned
of record or voted by aliens, their representatives, or by a foreign
government or representative thereof, or by any corporation organized
under the laws of a foreign country, if the Commission finds that the
public interest will be served by the refusal or revocation of such
license.
(b) The limits listed in paragraph (a) of this section may be
exceeded by eligible individuals who held ownership interests on May 24,
1993, pursuant to the waiver provisions established in section 332(c)(6)
of the Communications Act. Transfers of ownership to any other person in
violation of paragraph (a) of this section are prohibited.
[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 55580, Oct. 28, 1996]
[[Page 7]]
Sec. 20.6 CMRS spectrum aggregation limit.
(a) 45 MHz limitation. No licensee in the broadband PCS, cellular,
or SMR services (including all parties under common control) regulated
as CMRS (see Sec. 20.9) shall have an attributable interest in a total
of more than 45 MHz of licensed broadband PCS, cellular, and SMR
spectrum regulated as CMRS with significant overlap in any geographic
area.
(b) SMR spectrum. To calculate the amount of attributable SMR
spectrum for purposes of paragraph (a) of this section, an entity must
count all 800 MHz channels and 900 MHz channels located at any SMR base
station inside the geographic area (MTA or BTA) where there is
significant overlap. All 800 MHz channels located on at least one of
those identified base stations count as 50 kHz (25 kHz paired), and all
900 MHz channels located on at least one of those identified base
stations count as 25 kHz (12.5 kHz paired), except that no more than 10
MHz of SMR spectrum in the 800 MHz SMR service will be attributed to an
entity when determining compliance with the cap.
(c) Significant overlap. (1) For purposes of paragraph (a) of this
section, significant overlap of a PCS licensed service area and CGSA(s)
(as defined in Sec. 22.911 of this chapter) or SMR service area(s)
occurs when at least 10 percent of the population of the PCS licensed
service area, as determined by the 1990 census figures for the counties
contained therein, is within the CGSA(s) and/or SMR service area(s).
(2) The Commission shall presume that an SMR service area covers
less than 10 percent of the population of a PCS service area if none of
the base stations of the SMR licensee is located within the PCS service
area. For an SMR licensee's base stations that are located within a PCS
service area, the channels licensed at those sites will be presumed to
cover 10 percent of the population of the PCS service area, unless the
licensee shows that its protected service contour for all of its base
stations covers less than 10 percent of the population of the PCS
service area.
(d) Ownership attribution. For purposes of paragraph (a) of this
section, ownership and other interests in broadband PCS licensees,
cellular licensees, or SMR licensees will be attributed to their holders
pursuant to the following criteria:
(1) Controlling interest shall be attributable. Controlling interest
means majority voting equity ownership, any general partnership
interest, or any means of actual working control (including negative
control) over the operation of the licensee, in whatever manner
exercised.
(2) Partnership and other ownership interests and any stock interest
amounting to 20 percent or more of the equity, or outstanding stock, or
outstanding voting stock of a broadband PCS, cellular or SMR licensee
shall be attributed, except that ownership will not be attributed unless
the partnership and other ownership interests and any stock interest
amount to at least 40 percent of the equity, or outstanding stock, or
outstanding voting stock of a broadband PCS, cellular or SMR licensee if
the ownership interest is held by a small business or a rural telephone
company, as these terms are defined in Sec. 1.2110 of this chapter or
other related provisions of the Commission's rules, or if the ownership
interest is held by an entity with a non-controlling equity interest in
a broadband PCS licensee or applicant that is a small business.
(3) Stock interests held in trust shall be attributed to any person
who holds or shares the power to vote such stock to any person who has
the sole power to sell such stock, and, in the case of stock held in
trust, to any person who has the right to revoke the trust at will or to
replace the trustee at will. If the trustee has a familial, personal, or
extra-trust business relationship to the grantor or the beneficiary, the
grantor or beneficiary, as appropriate, will be attributed with the
stock interests held in trust.
(4) Non-voting stock shall be attributed as an interest in the
issuing entity if in excess of the amounts set forth in paragraph (d)(2)
of this section.
(5) Debt and instruments such as warrants, convertible debentures,
options, or other interests (except non-voting stock) with rights of
conversion to voting interests shall not be attributed
[[Page 8]]
unless and until conversion is effected, except that this provision does
not apply in determining whether an entity is a small business, a rural
telephone company, or a business owned by minorities and/or women, as
these terms are defined in Sec. 1.2110 of this chapter or other related
provisions of the Commission's rules.
(6) Limited partnership interests shall be attributed to limited
partners and shall be calculated according to both the percentage of
equity paid in and the percentage of distribution of profits and losses.
(7) Officers and directors of a broadband PCS licensee or applicant,
cellular licensee, or SMR licensee shall be considered to have an
attributable interest in the entity with which they are so associated.
The officers and directors of an entity that controls a broadband PCS
licensee or applicant, a cellular licensee, or an SMR licensee shall be
considered to have an attributable interest in the broadband PCS
licensee or applicant, cellular licensee, or SMR licensee.
(8) Ownership interests that are held indirectly by any party
through one or more intervening corporations will be determined by
successive multiplication of the ownership percentages for each link in
the vertical ownership chain and application of the relevant attribution
benchmark to the resulting product, except that if the ownership
percentage for an interest in any link in the chain exceeds 50 percent
or represents actual control, it shall be treated as if it were a 100
percent interest.
(9) Any person who manages the operations of a broadband PCS,
cellular, or SMR licensee pursuant to a management agreement shall be
considered to have an attributable interest in such licensee if such
person, or its affiliate has authority to make decisions or otherwise
engage in practices or activities that determine, or significantly
influence,
(i) The nature or types of services offered by such licensee;
(ii) The terms upon which such services are offered; or
(iii) The prices charged for such services.
(10) Any licensee or its affiliate who enters into a joint marketing
arrangements with a broadband PCS, cellular, or SMR licensee, or its
affiliate shall be considered to have an attributable interest, if such
licensee, or its affiliate has authority to make decisions or otherwise
engage in practices or activities that determine, or significantly
influence,
(i) The nature or types of services offered by such licensee;
(ii) The terms upon which such services are offered; or
(iii) The prices charged for such services.
(e) Divestiture. (1) Any party holding controlling or attributable
ownership interests in broadband PCS, cellular, and/or SMR licensees
regulated as CMRS providers that would exceed the spectrum aggregation
limitation defined in paragraph (a) of this section, if granted
additional licenses, may be a party to a broadband PCS, cellular, or SMR
application (i.e., have a controlling or attributable interest in the
applicant), and such applicant will be eligible for licenses amounting
to more than 45 MHz of broadband PCS, cellular, and/or SMR spectrum
regulated as CMRS in a geographical area, pursuant to the divestiture
procedures set forth in paragraphs (e)(2) through (e)(4) of this
section; provided, however, that in the case of parties holding
controlling or attributable ownership interests in broadband PCS,
cellular, and/or SMR licensees, these divestiture procedures shall be
available only to:
(i) Parties with controlling or attributable ownership interests in
broadband PCS, cellular, and/or SMR licenses where the geographic
license areas cover 20 percent or less of the applicant's service area
population;
(ii) Parties with attributable interests in broadband PCS, cellular,
and/or SMR licenses solely due to management agreements or joint
marketing agreements; and
(iii) Parties with non-controlling attributable interests in
broadband PCS, cellular, and/or SMR licenses, regardless of the degree
to which the geographic license areas cover the applicant's service area
population. For purposes of this paragraph, a ``non-controlling
attributable interest'' is one in
[[Page 9]]
which the holder has less than a fifty (50) percent voting interest and
there is an unaffiliated single holder of a fifty (50) percent or
greater voting interest.
(2) The applicant for a license that, if granted, would exceed the
45 MHz limitation shall certify on its application that it and all
parties to the application will come into compliance with this
limitation.
(3) If such an applicant is a successful bidder in an auction, it
must submit with its long-form application a signed statement describing
its efforts to date and future plans to come into compliance with the 45
MHz spectrum limitation. A similar statement must also be included with
any application for assignment of licenses or transfer of control that,
if granted, would exceed the spectrum aggregation limit.
(4) If such an applicant is otherwise qualified, its application
will be granted subject to a condition that the licensee shall come into
compliance with the 45 MHz spectrum limitation within ninety (90) days
of final grant.
(i) Parties holding controlling interests in broadband PCS,
cellular, and/or SMR licensees that conflict with the attribution
threshold or geographic overlap limitations set forth in this section
will be considered to have come into compliance if they have submitted
to the Commission an application for assignment of license or transfer
of control of the conflicting licensee (see Secs. 24.839 of this chapter
(PCS), 22.39 of this chapter (cellular), 90.158 of this chapter (SMR))
by which, if granted, such parties no longer would have an attributable
interest in the conflicting license. If no such assignment or transfer
application is tendered to the Commission within ninety (90) days of
final grant of the initial license, the Commission may consider the
certification and the divestiture statement to be material, bad faith
misrepresentations and shall invoke the condition on the initial license
or the assignment or transfer, cancelling or rescinding it
automatically, shall retain all monies paid to the Commission, and,
based on the facts presented, shall take any other action it may deem
appropriate. Divestiture may be to an interim trustee if a buyer has not
been secured in the required period of time, as long as the applicant
has no interest in or control of the trustee, and the trustee may
dispose of the license as it sees fit.
(ii) Where parties to broadband PCS, cellular, or SMR applications
hold less than controlling (but still attributable) interests in
broadband PCS, cellular, or SMR licensee(s), they shall submit, within
ninety (90) days of final grant, a certification that the applicant and
all parties to the application have come into compliance with the
limitations on spectrum aggregation set forth in this section.
Note 1 to Sec. 20.6: For purposes of the ownership attribution
limit, all ownership interests in operations that serve at least 10
percent of the population of the PCS service area should be included in
determining the extent of a PCS applicant's cellular or SMR ownership.
Note 2 to Sec. 20.6: When a party owns an attributable interest in
more than one cellular or SMR system that overlaps a PCS service area,
the total population in the overlap area will apply on a cumulative
basis.
Note 3 to Sec. 20.6: Waivers of Sec. 20.6(d) may be granted upon an
affirmative showing:
(1) That the interest holder has less than a 50 percent voting
interest in the licensee and there is an unaffiliated single holder of a
50 percent or greater voting interest;
(2) That the interest holder is not likely to affect the local
market in an anticompetitive manner;
(3) That the interest holder is not involved in the operations of
the licensee and does not have the ability to influence the licensee on
a regular basis; and
(4) That grant of a waiver is in the public interest because the
benefits to the public of common ownership outweigh any potential
anticompetitive harm to the market.
[59 FR 59953, Nov. 21, 1994, as amended at 59 FR 61829, Dec. 2, 1994; 60
FR 37795, July 21, 1995; 61 FR 33867, July 1, 1996; 61 FR 51234, Oct. 1,
1996]
Sec. 20.7 Mobile services.
The following are mobile services within the meaning of sections
3(n) and 332 of the Communications Act, 47 U.S.C. 153(n), 332.
(a) Public mobile services (part 22 of this chapter), including
fixed operations that support the mobile systems, but excluding Rural
Radio Service and Basic Exchange Telecommunications Radio Service (part
22, subpart H of this chapter);
[[Page 10]]
(b) Private land mobile services (part 90 of this chapter),
including secondary fixed operations, but excluding fixed services such
as call box operations and meter reading;
(c) Mobile satellite services (part 25 of this chapter) including
dual-use equipment, terminals capable of transmitting while a platform
is moving, but excluding satellite facilities provided through a
transportable platform that cannot move when the communications service
is offered;
(d) Marine and aviation services (parts 80 and 87 of this chapter),
including fixed operations that support these marine and aviation mobile
systems;
(e) Personal radio services (part 95 of this chapter), but excluding
Interactive Video and Data Service;
(f) Personal communications services (part 24 of this chapter);
(g) Auxiliary services provided by mobile service licensees, and
ancillary fixed communications offered by personal communications
service providers;
(h) Unlicensed services meeting the definition of commercial mobile
radio service in Sec. 20.3, such as the resale of commercial mobile
radio services, but excluding unlicensed radio frequency devices under
part 15 of this chapter (including unlicensed personal communications
service devices).
Sec. 20.9 Commercial mobile radio service.
(a) The following mobile services shall be treated as common
carriage services and regulated as commercial mobile radio services
(including any such service offered as a hybrid service or offered on an
excess capacity basis to the extent it meets the definition of
commercial mobile radio service, or offered as an auxiliary or ancillary
service), pursuant to Section 332 of the Communications Act, 47 U.S.C.
332:
(1) Private Paging (part 90 of this chapter), excluding not-for-
profit paging systems that serve only the licensee's own internal
communications needs;
(2) Stations that offer Industrial/Business Pool (Sec. 90.35 of this
chapter) eligibles for-profit, interconnected service;
(3) Land Mobile Systems on 220-222 MHz (part 90 of this chapter),
except services that are not-for-profit or do not offer interconnected
service;
(4) Specialized Mobile Radio services that provide interconnected
service (part 90 of this chapter);
(5) Public Coast Stations (part 80, subpart J of this chapter);
(6) Public Land Mobile Service (paging, mobile telephone, improved
mobile telephone, trunked mobile, and 454 MHz air-ground services) (part
22, subpart G of this chapter);
(7) Domestic Public Cellular Radio Telecommunications Service (part
22, subpart K of this chapter);
(8) 800 MHz Air-Ground Radiotelephone Service (part 22, subpart M of
this chapter);
(9) Offshore Radio Service (part 22, subpart L of this chapter);
(10) Any mobile satellite service involving the provision of
commercial mobile radio service (by licensees or resellers) directly to
end users, except that mobile satellite licensees and other entities
that sell or lease space segment capacity, to the extent that it does
not provide commercial mobile radio service directly to end users, may
provide space segment capacity to commercial mobile radio service
providers on a non-common carrier basis, if so authorized by the
Commission;
(11) Personal Communications Services (part 24 of this chapter),
except as provided in paragraph (b) of this section;
(12) For-profit subsidiary communications services transmitted on
subcarriers within the FM baseband signal, that provide interconnected
service (47 CFR 73.295 of this chapter); and
(13) A mobile service that is the functional equivalent of a
commercial mobile radio service.
(i) A mobile service that does not meet the definition of commercial
mobile radio service is presumed to be a private mobile radio service.
(ii) Any interested party may seek to overcome the presumption that
a particular mobile radio service is a private mobile radio service by
filing a petition for declaratory ruling challenging a mobile service
provider's regulatory treatment as a private mobile radio service.
[[Page 11]]
(A) The petition must show that: (1) The mobile service in question
meets the definition of commercial mobile radio service; or
(2) The mobile service in question is the functional equivalent of a
service that meets the definition of a commercial mobile radio service.
(B) A variety of factors will be evaluated to make a determination
whether the mobile service in question is the functional equivalent of a
commercial mobile radio service, including: consumer demand for the
service to determine whether the service is closely substitutable for a
commercial mobile radio service; whether changes in price for the
service under examination, or for the comparable commercial mobile radio
service would prompt customers to change from one service to the other;
and market research information identifying the targeted market for the
service under review.
(C) The petition must contain specific allegations of fact supported
by affidavit(s) of person(s) with personal knowledge. The petition must
be served on the mobile service provider against whom it is filed and
contain a certificate of service to this effect. The mobile service
provider may file an opposition to the petition and the petitioner may
file a reply. The general rules of practice and procedure contained in
Secs. 1.1 through 1.52 of this chapter shall apply.
(b) Licensees of a Personal Communications Service or applicants for
a Personal Communications Service license, and Public Coast Station
licensees or applicants, proposing to use any Personal Communications
Service or Public Coast Station spectrum to offer service on a private
mobile radio service basis must overcome the presumption that Personal
Communications Service and Public Coast Stations are commercial mobile
radio services.
(1) The applicant or licensee (who must file an application to
modify its authorization) seeking authority to dedicate a portion of the
spectrum for private mobile radio service, must include a certification
that it will offer Personal Communications Service or Public Coast
Station service on a private mobile radio service basis. The
certification must include a description of the proposed service
sufficient to demonstrate that it is not within the definition of
commercial mobile radio service in Sec. 20.3 of this chapter. Any
application requesting to use any Personal Communications Service or
Public Coast Station spectrum to offer service on a private mobile radio
service basis will be placed on public notice by the Commission.
(2) Any interested party may file a petition to deny the application
within 30 days after the date of public notice announcing the acceptance
for filing of the application. The petition shall contain specific
allegations of fact supported by affidavit(s) of person(s) with personal
knowledge to show that the applicant's request does not rebut the
commercial mobile radio service presumption. The petition must be served
on the applicant and contain a certificate of service to this effect.
The applicant may file an opposition with allegations of fact supported
by affidavit. The petitioner may file a reply. No additional pleadings
will be allowed. The general rules of practice and procedure contained
in Secs. 1.1 through 1.52 of this chapter and Sec. 22.30 of this chapter
shall apply.
(c) Any provider of private land mobile service before August 10,
1993 (including any system expansions, modifications, or acquisitions of
additional licenses in the same service, even if authorized after this
date), and any private paging service utilizing frequencies allocated as
of January 1, 1993, that meet the definition of commercial mobile radio
service, shall, except for purposes of Sec. 20.5 (applicable August 10,
1993 for the providers listed in this paragraph), be treated as private
mobile radio service until August 10, 1996. After this date, these
entities will be treated as commercial mobile radio service providers
regulated under this part.
[59 FR 18495, Apr. 19, 1994, as amended at 62 FR 18843, Apr. 17, 1997;
63 FR 40062, July 27, 1998]
Sec. 20.11 Interconnection to facilities of local exchange carriers.
(a) A local exchange carrier must provide the type of
interconnection
[[Page 12]]
reasonably requested by a mobile service licensee or carrier, within a
reasonable time after the request, unless such interconnection is not
technically feasible or economically reasonable. Complaints against
carriers under section 208 of the Communications Act, 47 U.S.C. 208,
alleging a violation of this section shall follow the requirements of
Secs. 1.711-1.734 of this chapter, 47 CFR 1.711-1.734.
(b) Local exchange carriers and commercial mobile radio service
providers shall comply with principles of mutual compensation.
(1) A local exchange carrier shall pay reasonable compensation to a
commercial mobile radio service provider in connection with terminating
traffic that originates on facilities of the local exchange carrier.
(2) A commercial mobile radio service provider shall pay reasonable
compensation to a local exchange carrier in connection with terminating
traffic that originates on the facilities of the commercial mobile radio
service provider.
(c) Local exchange carriers and commercial mobile radio service
providers shall also comply with applicable provisions of part 51 of
this chapter.
[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 45619, Aug. 29, 1996]
Sec. 20.12 Resale and roaming.
(a) Scope of section. This section is applicable only to providers
of Broadband Personal Communications Services (part 24, subpart E of
this chapter), providers of Cellular Radio Telephone Service (part 22,
subpart H of this chapter), providers of Specialized Mobile Radio
Services in the 800 MHz and 900 MHz bands that hold geographic area
licenses (included in Part 90, Subpart S of this chapter) and offer
real-time, two-way voice service that is interconnected with the public
switched network, and Incumbent Wide Area SMR Licensees.
(b) Resale. Each carrier subject to this section must permit
unrestricted resale of its service. This paragraph shall cease to be
effective five years after the last group of initial licenses for
broadband PCS spectrum in the 1850-1910 and 1930-1990 MHz bands is
awarded.
(c) Roaming. Each licensee subject to this section must provide
mobile radio service upon request to all subscribers in good standing to
the services of any carrier subject to this section, including roamers,
while such subscribers are located within any portion of the licensee's
licensed service area where facilities have been constructed and service
to subscribers has commenced, if such subscribers are using mobile
equipment that is technically compatible with the licensee's base
stations.
[61 FR 38402, July 24, 1996, as amended at 61 FR 43981, Aug. 27, 1996]
Sec. 20.13 State petitions for authority to regulate rates.
(a) States may petition for authority to regulate the intrastate
rates of any commercial mobile radio service. The petition must include
the following:
(1) Demonstrative evidence that market conditions in the state for
commercial mobile radio services do not adequately protect subscribers
to such services from unjust and unreasonable rates or rates that are
unjustly or unreasonably discriminatory. Alternatively, a state's
petition may include demonstrative evidence showing that market
conditions for commercial mobile radio services do not protect
subscribers adequately from unjust and unreasonable rates, or rates that
are unjustly or unreasonably discriminatory, and that a substantial
portion of the commercial mobile radio service subscribers in the state
or a specified geographic area have no alternative means of obtaining
basic telephone service. This showing may include evidence of the range
of basic telephone service alternatives available to consumers in the
state.
(2) The following is a non-exhaustive list of examples of the types
of evidence, information, and analysis that may be considered pertinent
to determine market conditions and consumer protection by the Commission
in reviewing any petition filed by a state under this section:
(i) The number of commercial mobile radio service providers in the
state, the types of services offered by commercial mobile radio service
providers in the state, and the period of time that these
[[Page 13]]
providers have offered service in the state;
(ii) The number of customers of each commercial mobile radio service
provider in the state; trends in each provider's customer base during
the most recent annual period or other data covering another reasonable
period if annual data is unavailable; and annual revenues and rates of
return for each commercial mobile radio service provider;
(iii) Rate information for each commercial mobile radio service
provider, including trends in each provider's rates during the most
recent annual period or other data covering another reasonable period if
annual data is unavailable;
(iv) An assessment of the extent to which services offered by the
commercial mobile radio service providers the state proposes to regulate
are substitutable for services offered by other carriers in the state;
(v) Opportunities for new providers to enter into the provision of
competing services, and an analysis of any barriers to such entry;
(vi) Specific allegations of fact (supported by affidavit of person
with personal knowledge) regarding anti-competitive or discriminatory
practices or behavior by commercial mobile radio service providers in
the state;
(vii) Evidence, information, and analysis demonstrating with
particularity instances of systematic unjust and unreasonable rates, or
rates that are unjust or unreasonably discriminatory, imposed upon
commercial mobile radio service subscribers. Such evidence should
include an examination of the relationship between rates and costs.
Additionally, evidence of a pattern of such rates, that demonstrates the
inability of the commercial mobile radio service marketplace in the
state to produce reasonable rates through competitive forces will be
considered especially probative; and
(viii) Information regarding customer satisfaction or
dissatisfaction with services offered by commercial mobile radio service
providers, including statistics and other information about complaints
filed with the state regulatory commission.
(3) Petitions must include a certification that the state agency
filing the petition is the duly authorized state agency responsible for
the regulation of telecommunication services provided in the state.
(4) Petitions must identify and describe in detail the rules the
state proposes to establish if the petition is granted.
(5) States have the burden of proof. Interested parties may file
comments in support or in opposition to the petition within 30 days
after public notice of the filing of a petition by a state under this
section. Any interested party may file a reply within 15 days after the
expiration of the filing period for comments. No additional pleadings
may be filed. Except for Sec. 1.45 of this chapter, practice and
procedure rules contained in Secs. 1.42-1.52 of this chapter shall
apply. The provisions of Secs. 1.771-1.773 of this chapter do not apply.
(6) The Commission shall act upon any petition filed by a state
under this paragraph not later than the end of the nine-month period
after the filing of the petition.
(7) If the Commission grants the petition, it shall authorize the
state to regulate rates for commercial mobile radio services in the
state during a reasonable period of time, as specified by the
Commission. The period of time specified by the Commission will be that
necessary to ensure that rates are just and reasonable, or not unjustly
or unreasonably discriminatory.
(b) States that regulated rates for commercial mobile services as of
June 1, 1993, may petition the Commission under this section before
August 10, 1994, to extend this authority.
(1) The petition will be acted upon by the Commission in accordance
with the provisions of paragraphs (a)(1) through (a)(5) of this section.
(2) The Commission shall act upon the petition (including any
reconsideration) not later than the end of the 12-month period following
the date of the filing of the petition by the state involved. Commercial
mobile radio service providers offering such service in the state shall
comply with the existing regulations of the state until the petition and
any reconsideration of the
[[Page 14]]
petition are acted upon by the Commission.
(3) The provisions of paragraph (a)(7) of this section apply to any
petition granted by the Commission under this paragraph.
(c) No sooner than 18 months from grant of authority by the
Commission under this section for state rate regulations, any interested
party may petition the Commission for an order to discontinue state
authority for rate regulation.
(1) Petitions to discontinue state authority for rate regulation
must be based on recent empirical data or other significant evidence
demonstrating that the exercise of rate authority by a state is no
longer necessary to ensure that the rates for commercial mobile are just
and reasonable or not unjustly or unreasonably discriminatory.
(2) Any interested party may file comments in support of or in
opposition to the petition within 30 days after public notice of the
filing of the petition. Any interested party may file a reply within 15
days after the time for filing comments has expired. No additional
pleadings may be filed. Except for 1.45 of this chapter, practice and
procedure rules contained in Sec. 1.42-1.52 of this chapter apply. The
provisions of Secs. 1.771-1.773 of this chapter do not apply.
(3) The Commission shall act upon any petition filed by any
interested party under this paragraph within nine months after the
filing of the petition.
Sec. 20.15 Requirements under Title II of the Communications Act.
(a) Commercial mobile radio services providers, to the extent
applicable, must comply with sections 201, 202, 206, 207, 208, 209, 216,
217, 223, 225, 226, 227, and 228 of the Communications Act, 47 U.S.C.
201, 202, 206, 207, 208, 209, 216, 217, 223, 225, 226, 227, 228; part 68
of this chapter, 47 CFR part 68; and Secs. 1.701-1.748, and 1.815 of
this chapter, 47 CFR 1.701-1.748, 1.815.
(b) Commercial mobile radio service providers are not required to:
(1) File with the Commission copies of contracts entered into with
other carriers or comply with other reporting requirements, or with
Secs. 1.781-1.814 and 43.21 of this chapter;
(2) Seek authority for interlocking directors (section 212 of the
Communications Act);
(3) Submit applications for new facilities or discontinuance of
existing facilities (section 214 of the Communications Act).
(c) Commercial mobile radio service providers shall not file tariffs
for interstate service to their customers, interstate access service, or
interstate operator service. Sections 1.771-1.773 and part 61 of this
chapter are not applicable to interstate services provided by commercial
mobile radio service providers. Commercial mobile radio service
providers shall cancel tariffs for interstate service to their
customers, interstate access service, and interstate operator service.
(d) Nothing in this section shall be construed to modify the
Commission's rules and policies on the provision of international
service under Part 63 of this chapter, except that a commercial mobile
radio service provider is not required to file tariffs for its provision
of international service to markets where it does not have an
affiliation with a foreign carrier that collects settlement payments
from U.S. carriers. For purposes of this paragraph, affiliation is
defined in Sec. 63.18(h)(1)(i) of this chapter.
(e) For obligations of commercial mobile radio service providers to
provide local number portability, see Sec. 52.1 of this chapter.
[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38637, July 25, 1996;
63 FR 43040, Aug. 11, 1998]
Sec. 20.18 911 Service.
(a) Scope of section. The following requirements are only applicable
to Broadband Personal Communications Services (part 24, subpart E of
this chapter), Cellular Radio Telephone Service (part 22, subpart H of
this chapter), and Geographic Area Specialized Mobile Radio Services and
Incumbent Wide Area SMR Licensees in the 800 MHz and 900 MHz bands
(included in part 90, subpart S of this chapter). In addition, service
providers in these enumerated services are subject to the following
requirements solely to the extent that they offer real-time, two way
switched voice service that is interconnected with the public
[[Page 15]]
switched network and utilize an in-network switching facility which
enables the provider to reuse frequencies and accomplish seamless hand-
offs of subscriber calls.
(b) Basic 911 Service. Licensees subject to this section must
transmit all wireless 911 calls without respect to their call validation
process to a Public Safety Answering Point, provided that ``all wireless
911 calls'' is defined as ``any call initiated by a wireless user
dialing 911 on a phone using a compliant radio frequency protocol of the
serving carrier.''
(c) TTY Access to 911 Services. Licensees subject to this section
must be capable of transmitting 911 calls from individuals with speech
or hearing disabilities through means other than mobile radio handsets,
e.g., through the use of Text Telephone Devices (TTY).
Note to paragraph (c): Enforcement of the provisions of this
paragraph is suspended until October 1, 1998, in the case of calls made
using a digital wireless system that is not compatible with TTY calls,
provided that the licensee operating such a digital system shall make
every reasonable effort to notify current and potential subscribers who
use or may use such a system that they will not be able to make a 911
call over such system through the use of a TTY device.
(d) Phase I enhanced 911 services. (1) As of April 1, 1998,
licensees subject to this section must provide the telephone number of
the originator of a 911 call and the location of the cell site or base
station receiving a 911 call from any mobile handset accessing their
systems to the designated Public Safety Answering Point through the use
of ANI and Pseudo-ANI.
(2) When the directory number of the handset used to originate a 911
call is not available to the serving carrier, such carrier's obligations
under the paragraph (d)(1) extend only to delivering 911 calls and
available calling party information to the designated Public Safety
Answering Point.
Note to paragraph (d): With respect to 911 calls accessing their
systems through the use of TTYs, licensees subject to this section must
comply with the requirements in paragraphs (d)(1) and (d)(2) of this
section, as to calls made using a digital wireless system, as of October
1, 1998.
(e) Phase II enhanced 911 services. As of October 1, 2001, licensees
subject to this section must provide to the designated Public Safety
Answering Point the location of all 911 calls by longitude and latitude
such that the accuracy for all calls is 125 meters or less using a Root
Mean Square (RMS) methodology.
(f) Conditions for enhanced 911 services. The requirements set forth
in paragraphs (d) and (e) of this section shall be applicable only if
the administrator of the designated Public Safety Answering Point has
requested the services required under those paragraphs and is capable of
receiving and utilizing the data elements associated with the service,
and a mechanism for recovering the costs of the service is in place.
(g) Dispatch service. A service provider covered by this section who
offers dispatch service to customers may meet the requirements of this
section with respect to customers who utilize dispatch service either by
complying with the requirements set forth in paragraphs (b) through (e)
of this section, or by routing the customer's emergency calls through a
dispatcher. If the service provider chooses the latter alternative, it
must make every reasonable effort to explicitly notify its current and
potential dispatch customers and their users that they are not able to
directly reach a PSAP by calling 911 and that, in the event of an
emergency, the dispatcher should be contacted.
[63 FR 2637, Jan. 16, 1998]
Sec. 20.20 Conditions applicable to provision of CMRS service by incumbent Local Exchange Carriers.
(a) Separate affiliate. An incumbent LEC providing in-region
broadband CMRS shall provide such services through an affiliate that
satisfies the following requirements:
(1) The affiliate shall maintain separate books of account from its
affiliated incumbent LEC. Nothing in this section requires the affiliate
to maintain separate books of account that comply with part 32 of this
chapter;
(2) The affiliate shall not jointly own transmission or switching
facilities with its affiliated incumbent LEC that
[[Page 16]]
the affiliated incumbent LEC uses for the provision of local exchange
service in the same in-region market. Nothing in this section prohibits
the affiliate from sharing personnel or other resources or assets with
its affiliated incumbent LEC; and
(3) The affiliate shall acquire any services from its affiliated
incumbent LEC for which the affiliated incumbent LEC is required to file
a tariff at tariffed rates, terms, and conditions. Other transactions
between the affiliate and the incumbent LEC for services that are not
acquired pursuant to tariff must be reduced to writing and must be made
on a compensatory, arm's length basis. All transactions between the
incumbent LEC and the affiliate are subject to part 32 of this chapter,
including the affiliate transaction rules. Nothing in this section shall
prohibit the affiliate from acquiring any unbundled network elements or
exchange services for the provision of a telecommunications service from
its affiliated incumbent LEC, subject to the same terms and conditions
as provided in an agreement approved under section 252 of the
Communications Act of 1934, as amended.
(b) Independence. The affiliate required in paragraph (a) of this
section shall be a separate legal entity from its affiliated incumbent
LEC. The affiliate may be staffed by personnel of its affiliated
incumbent LEC, housed in existing offices of its affiliated incumbent
LEC, and use its affiliated incumbent LEC's marketing and other
services, subject to paragraphs (a)(3) and (c) of this section.
(c) Joint marketing. Joint marketing of local exchange and exchange
access service and CMRS services by an incumbent LEC shall be subject to
part 32 of this chapter. In addition, such agreements between the
affiliate and the incumbent LEC must be reduced to writing and made
available for public inspection upon request at the principle place of
business of the affiliate and the incumbent LEC. The documentation must
include a certification statement identical to the certification
statement currently required to be included with all Automated Reporting
and Management Information Systems (ARMIS) reports. The affiliate must
also provide a detailed written description of the terms and conditions
of the transaction on the Internet within 10 days of the transaction
through the affiliate's home page.
(d) Exceptions. (1) Rural telephone companies. Rural telephone
companies are exempted from the requirements set forth in paragraphs
(a), (b) and (c) of this section. A competing telecommunications
carrier, interconnected with the rural telephone company, however, may
petition the FCC to remove the exemption, or the FCC may do so on its
own motion, where the rural telephone company has engaged in
anticompetitive conduct.
(2) Incumbent LECs with fewer than 2 percent of subscriber lines.
Incumbent LECs with fewer than 2 percent of the nation's subscriber
lines installed in the aggregate nationwide may petition the FCC for
suspension or modification of the requirements set forth in paragraphs
(a), (b) and (c) of this section. The FCC will grant such a petition
where the incumbent LEC demonstrates that suspension or modification of
the separate affiliate requirement is
(i) Necessary to avoid a significant adverse economic impact on
users of telecommunications services generally or to avoid a requirement
that would be unduly economically burdensome, and
(ii) Consistent with the public interest, convenience, and
necessity.
(e) Definitions. Terms used in this section have the following
meanings:
Affiliate. ``Affiliate'' means a person that (directly or
indirectly) owns or controls, is owned or controlled by, or is under
common ownership with, another person. For purposes of this section, the
term ``own'' means to own and equity interest (or the equivalent
thereof) of more than 10 percent.
Broadband Commercial Mobile Radio Service (Broadband CMRS). For the
purposes of this section, ``broadband CMRS'' means Domestic Public
Cellular Radio Telecommunications Service (part 22, subpart H of this
chapter), Specialized Mobile Radio (part 90, subpart S of this chapter),
and broadband Personal Communications Services (part 24, subpart E of
this chapter).
[[Page 17]]
Incumbent Local Exchange Carrier (Incumbent LEC). ``Incumbent LEC''
has the same meaning as that term is defined in Sec. 51.5 of this
chapter.
In-region. For the purposes of this section, an incumbent LEC's
broadband CMRS service is considered ``in-region'' when 10 percent or
more of the population covered by the CMRS affiliate's authorized
service area, as determined by the 1990 census figures, is within the
affiliated incumbent LEC's wireline service area.
Rural Telephone Company. ``Rural Telephone Company'' has the same
meaning as that term is defined in Sec. 51.5 of this chapter.
(f) Sunset. This section will no longer be effective after January
1, 2002.
[62 FR 63871, Dec. 3, 1997]
PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES--Table of Contents
Subpart A--General
Sec.
21.1 Scope and authority.
21.2 Definitions.
Subpart B--Applications and Licenses
General Filing Requirements
21.3 Station authorization required.
21.4 Eligibility for station license.
21.5 Formal and informal applications.
21.6 Filing of applications, fees, and number of copies.
21.7 Standard application form for domestic public fixed radio service
licenses.
21.8-21.10 [Reserved]
21.11 Miscellaneous forms shared by all domestic public radio services.
21.12 [Reserved]
21.13 General application requirements.
21.14 [Reserved]
21.15 Technical content of applications.
21.16 [Reserved]
21.17 Certification of financial qualifications.
21.18 [Reserved]
21.19 Waiver of rules.
21.20 Defective applications.
21.21 Inconsistent or conflicting applications.
21.22 Repetitious applications.
21.23 Amendment of applications.
21.24 [Reserved]
21.25 Application for temporary authorizations.
Processing of Applications
21.26 Receipt of applications.
21.27 Public notice period.
21.28 Dismissal and return of applications.
21.29 Ownership changes and agreements to amend or to dismiss
applications or pleadings.
21.30 Opposition to applications.
21.31 Mutually exclusive applications.
21.32 Consideration of applications.
21.33 Grants by random selection.
21.34 [Reserved]
21.35 Comparative evaluation of mutually exclusive applications.
21.36--21.37 [Reserved]
License Transfers, Modifications, Conditions and Forfeitures
21.38 Assignment or transfer of station authorization.
21.39 Considerations involving transfer or assignment applications.
21.40 Modification of station license.
21.41 Special processing of applications for minor facility
modifications.
21.42 Certain modifications not requiring prior authorization.
21.43 Period of construction; certification of completion of
construction.
21.44 Forfeiture and termination of station authorizations.
21.45 License period.
21.50 Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from Domestic
Public Fixed Radio Services to emerging technologies.
Subpart C--Technical Standards
21.100 Frequencies.
21.101 Frequency tolerance.
21.102--21.104 [Reserved]
21.105 Bandwidth.
21.106 Emission limitations.
21.107 Transmitter power.
21.108 [Reserved]
21.109 Antenna and antenna structures.
21.110 Antenna polarization.
21.111 Use of common antenna structure.
21.112 Marking of antenna structures.
21.113 Quiet zones and Arecibo Coordination Zone.
21.114-21.115 [Reserved]
21.116 Topographical data.
21.117 Transmitter location.
21.118 Transmitter construction and installation.
21.119 [Reserved]
21.120 Authorization of transmitters.
21.121 [Reserved]
21.122 Microwave digital modulation.
Subpart D--Technical Operation
21.200 Station inspection.
21.201 Posting of station authorization information.
21.202--21.208 [Reserved]
21.209 Communications concerning safety of life and property.
[[Page 18]]
21.210 Operation during emergency.
21.211 Suspension of transmission.
Subpart E--Miscellaneous
21.300 [Reserved]
21.301 National defense; free service.
21.302 Answers to notices of violation.
21.303 Discontinuance, reduction or impairment of service.
21.304 Tariffs, reports, and other material required to be submitted to
the Commission.
21.305 Reports required concerning amendments to charters and
partnership agreements.
21.306 Requirement that licensees respond to official communications.
21.307 Equal employment opportunities.
Subpart F--Developmental Authorizations
21.400 Eligibility.
21.401 Scope of service.
21.402 Adherence to program of research and development.
21.403 Special procedure for the development of a new service or for
the use of frequencies not in accordance with the provisions
of the rules in this part.
21.404 Terms of grant; general limitations.
21.405 Supplementary showing required.
21.406 Developmental report required.
Subparts G--J [Reserved]
Subpart K--Multipoint Distribution Service
21.900 Eligibility.
21.901 Frequencies.
21.902 Frequency interference.
21.903 Purpose and permissible service.
21.904 Transmitter power.
21.905 Emissions and bandwidth.
21.906 Antennas.
21.907 Transmission standards.
21.908 Television transmitting equipment.
21.909 MDS response stations.
21.910 Special procedures for discontinuance, reduction or impairment
of service by common carrier MDS licensees.
21.911 Annual reports.
21.912 Cable television company eligibility requirements.
21.913 Signal booster stations.
21.914 Mutually-exclusive MDS applications.
21.915 One-to-a-market requirement.
21.920 Applicability of cable television EEO requirements to MDS and
MMDS facilities.
21.921 Basis and purpose for electronic filing and competitive bidding
process.
21.922 Authorized frequencies.
21.923 Eligibility.
21.924 Service areas.
21.925 Applications for BTA authorizations and MDS station licenses.
21.926 Amendments to long-form applications.
21.927 Sole bidding applicants.
21.928 Acceptability of short- and long-form applications.
21.929 Authorization period for station licenses.
21.930 Five-year build-out requirements.
21.931 Partitioned service areas (PSAs).
21.932 Forfeiture of incumbent MDS station licenses.
21.933 Protected service areas.
21.934 Assignment or transfer of control of BTA authorizations.
21.935 Assignment or transfer of control of station licenses within a
BTA.
21.936 Cancellation of authorization.
21.937 Negotiated interference protection.
21.938 BTA and PSA technical and interference provisions.
21.939 Harmful interference abatement.
21.940 Non-subscription MDS service.
21.941--21.949 [Reserved]
21.950 MDS subject to competitive bidding.
21.951 MDS competitive bidding procedures.
21.952 Bidding application procedures.
21.953 Prohibition of collusion.
21.954 Submission of up front payments.
21.955 Submission of down payments.
21.956 Filing of long-form applications or statements of intention.
21.957 Petitions to deny against long-form applications; comments on
statements of intention.
21.958 Full payment and issuance of BTA authorizations.
21.959 Withdrawal, default and disqualification.
21.960 Designated entity provisions for MDS.
21.961 Definitions applicable to designated entity provisions.
Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073, 1076,
1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151, 154, 201-
205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47 U.S.C. 552,
554.
Source: 44 FR 60534, Oct. 19, 1979, unless otherwise noted.
Subpart A--General
Sec. 21.1 Scope and authority.
(a) The purpose of the rules and regulations in this part is to
prescribe the manner in which portions of the radio spectrum may be made
available for domestic communication common carrier and multipoint
distribution service non-common carrier operations which require
transmitting facilities on land or in specified offshore coastal areas
within the continental shelf.
[[Page 19]]
(b) The rules in this part are issued pursuant to the authority
contained in Titles I through III of the Communications Act of 1934, as
amended, which vest authority in the Federal Communications Commission
to regulate common carriers of interstate and foreign communications, to
regulate radio transmissions and issue licenses for radio stations, and
to regulate all interstate and foreign communications by wire and radio
necessary to the accomplishment of the purposes of the Act.
(c) Unless otherwise specified, the section numbers referenced in
this part are contained in chapter I, title 47 of the Code of Federal
Regulations.
[52 FR 37776, Oct. 9, 1987]
Sec. 21.2 Definitions.
As used in this part:
Antenna power gain. The square of the ratio of the root-mean-square
free space field intensity produced at one mile in the horizontal plane,
in millivolts per meter for one kilowatt antenna input power to 137.6
mV/m. This ratio should be expressed in decibels (dB). (If specified for
a particular direction, antenna power gain is based on the field
strength in that direction only.)
Antenna power input. The radio frequency peak or RMS power, as the
case may be, supplied to the antenna from the antenna transmission line
and its associated impedance matching network.
Antenna structures. The antenna, its supporting structure and
anything attached to it.
Assigned frequency. The centre of the frequency band assigned to a
station.
Authorized bandwidth. The maximum width of the band of frequencies
permitted to be used by a station. This is normally considered to be the
necessary or occupied bandwidth, whichever is greater.
Authorized frequency. The frequency, or frequency range, assigned to
a station by the Commission and specified in the instrument of
authorization.
Authorized power. The maximum power a station is permitted to use.
This power is specified by the Commission in the station's
authorization.
Bandwidth occupied by an emission. The band of frequencies
comprising 99 percent of the total radiated power extended to include
any discrete frequency on which the power is at least 0.25 percent of
the total radiated power.
Basic Trading Area (BTA). The geographic areas by which the
Multipoint Distribution Service is licensed. BTA boundaries are based on
the Rand McNally 1992 Commercial Atlas and Marketing Guide, 123rd
Edition, pp. 36-39, and include six additional BTA-like areas as
specified in Sec. 21.924(b).
Bit rate. The rate of transmission of information in binary (two
state) form in bits per unit time.
BTA authorization holder. The individual or entity authorized by the
Commission to provide Multipoint Distribution Service to the population
of a BTA.
BTA service area. The area within the boundaries of a BTA to which a
BTA authorization holder may provide Multipoint Distribution Service.
This area excludes the protected service areas of incumbent MDS stations
and previously proposed and authorized ITFS facilities, including
registered receive sites.
Carrier. In a frequency stabilized system, the sinusoidal component
of a modulated wave whose frequency is independent of the modulating
wave; or the output of a transmitter when the modulating wave is made
zero; or a wave generated at a point in the transmitting system and
subsequently modulated by the signal; or a wave generated locally at the
receiving terminal which when combined with the side bands in a suitable
detector, produces the modulating wave.
Carrier frequency. The output of a transmitter when the modulating
wave is made zero.
Communication common carrier. Any person engaged in rendering
communication service for hire to the public.
Control point. A control point is an operating position at which an
operator responsible for the operation of the transmitter is stationed
and which is under the control and supervision of the licensee.
[[Page 20]]
Control station. A fixed station whose transmissions are used to
control automatically the emissions or operations of another radio
station at a specified location, or to transmit automatically to an
alarm center telemetering information relative to the operation of such
station.
Coordination distance. For the purpose of this part, the expression
``coordination distance'' means the distance from an earth station,
within which there is a possibility of the use of a given transmitting
frequency at this earth station causing harmful interference to stations
in the fixed or mobile service, sharing the same band, or of the use of
a given frequency for reception at this earth station receiving harmful
interference from such stations in the fixed or mobile service.
Digital modulation. The process by which some characteristic
(frequency, phase, amplitude or combinations thereof) of a carrier
frequency is varied in accordance with a digital signal, e.g. one
consisting of coded pulses or states.
Domestic fixed public service. A fixed service, the stations of
which are open to public correspondence, for radiocommunications
originating and terminating solely at points all of which lie within:
(a) The State of Alaska;
(b) The State of Hawaii;
(c) The contiguous 48 States and the District of Columbia; or
(d) A single possession of the United States. Generally, in cases
where service is afforded on frequencies above 72 MHz, radio-
communications between the contiguous 48 States (including the District
of Columbia) and Canada or Mexico, or radiocommunications between the
State of Alaska and Canada, are deemed to be in the domestic fixed
public service.
Domestic public radio services. The land mobile and domestic fixed
public services the stations which are open to public correspondence.
Note: Part 80 of this chapter is applicable to the maritime services
and fixed stations associated with the maritime services; part 87 of
this chapter is applicable to aeronautical services.
Earth station. A station located either on the earth's surface or
within the major portion of the earth's atmosphere and intended for
communications:
(a) With one or more space stations; or
(b) With one or more stations of the same kind by means of one or
more reflecting satellites or other objects in space.
Effective radiated power (ERP). The product of the power supplied to
the antenna and its gain relative to a half-wave dipole in a given
direction.
Equivalent Isotropically Radiated Power (EIRP). The product of the
power supplied to the antenna and the antenna gain in a given direction
relative to an isotropic antenna. This product may be expressed in watts
or dB above 1 watt (dBW).
Facsimile. A form of telegraphy for the transmission of fixed
images, with or without half-tones, with a view to their reproduction in
a permanent form.
Fixed earth station. An earth station intended to be used at a
specified fixed point.
Fixed station. A station in the fixed service.
Frequency tolerance. The maximum permissible departure by the centre
frequency of the frequency band occupied by an emission from the
assigned frequency or, by the characteristic frequency of an emission
from the reference frequency. The frequency tolerance is expressed as a
percentage or in Hertz.
Harmful interference. Interference which endangers the functioning
of a radionavigation service or of other safety services or seriously
degrades, obstructs, or repeatedly interrupts a radiocommunication
service.
Incumbent. An MDS station that was authorized or proposed before
September 15, 1995, including those stations that are subsequently
modified, renewed or reinstated.
Landing area. A landing area means any locality, either of land or
water, including airports and intermediate landing fields, which is
used, or approved for use for the landing and take-off of aircraft,
whether or not facilities are provided for the shelter, servicing, or
repair of aircraft, or for receiving or discharging passengers or cargo.
[[Page 21]]
Microwave frequencies. As used in this part, this term refers to
frequencies of 890 MHz and above.
Multichannel multipoint distribution service. Those multipoint
distribution service channels that use the frequency band 2596 MHz to
2644 MHz and associated response channels.
Multipoint distribution service. A one-way domestic public radio
service rendered on microwave frequencies from a fixed station
transmitting (usually in an omnidirectional pattern) to multiple
receiving facilities located at fixed points.
Multipoint distribution service response station. A fixed station
operated at an MDS receive location to provide communications with the
associated station in the Multipoint Distribution Service.
Necessary bandwidth of emission. For a given class of emission, the
width of the frequency band that is just sufficient to ensure the
transmission of information at the rate and with the quality required
under specified conditions.
Note: The necessary bandwidth for an emission may be calculated
using the formulas in Sec. 2.202 of this chapter.
Partitioned service area authorization holder. The individual or
entity authorized by the Commission to provide Multipoint Distribution
Service to the population of a partitioned service area.
Partitioned service area (PSA). The area within the coterminous
boundaries of one of more counties or other geopolitical subdivisions,
drawn from a BTA, to which an authorization holder may provide
Multipoint Distribution Service or the area remaining in a BTA upon
partitioning any portion of that BTA. This area excludes the protected
service areas of incumbent MDS stations and previously proposed and
authorized ITFS stations, including registered receive sites.
Private line service. A service whereby facilities for communication
between two or more designated points are set aside for the exclusive
use or availability for use of a particular customer and authorized
users during stated periods of time.
Public correspondence. Any telecommunication which the offices and
stations, by reason of their being at the disposal of the public, must
accept for transmission.
Radio station. A separate transmitter or a group of transmitters
under simultaneous common control, including the accessory equipment
required for carrying on a radiocommunication service.
Radiocommunication. Telecommunication by means of radio waves.
Rated power output. The term ``rated power output'' of a transmitter
means the normal radio frequency power output capability (Peak or
Average Power) of a transmitter, under optimum conditions of adjustment
and operation, specified by its manufacturer.
Record communication. Any transmission of intelligence which is
reduced to visual record form at the point of reception.
Reference frequency. A frequency having a fixed and specified
position with respect to the assigned frequency. The displacement of
this frequency with respect to the assigned frequency has the same
absolute value and sign that the displacement of the characteristic
frequency has with respect to the center of the frequency band occupied
by the emission.
Relay station. A fixed station used for the reception and
retransmission of the signals of another station or stations.
Repeater station. A fixed station established for the automatic
retransmission of radiocommunications received from one or more stations
and directed to a specified receiver site.
Signal booster station. A low-power repeater station automatically
retransmitting on the same frequency as the received signal, and located
within the protected service area of a Multipoint Distribution Service
station.
Standby transmitter. A transmitter installed and maintained for use
in lieu of the main transmitter only during periods when the main
transmitter is out of service for maintenance or repair.
Symbol rate. Modulation rate in bauds. This rate may be higher than
the transmitted bit rate as in the case of coded pulses or lower as in
the case of multilevel transmission.
[[Page 22]]
Television. A form of telecommunication for transmission of
transient images of fixed or moving objects.
Television STL station (studio transmitter link). A fixed station
used for the transmission of television program material and related
communications from a studio to the transmitter of a television
broadcast station.
[61 FR 26671, May 28, 1996]
Subpart B--Applications and Licenses
General Filing Requirements
Sec. 21.3 Station authorization required.
(a) No person shall use or operate apparatus for the transmission of
energy or communications or signals by radio except under, and in
accordance with, an appropriate authorization granted by the Federal
Communications Commission. Except as otherwise provided herein, no
construction or modification of a station may be commenced without an
authorization from the Commission. Authorizations for domestic public
fixed radio services are governed by the provisions of this part.
(b) If construction and or operation may have a significant
environmental impact as defined by Sec. 1.1307 of the Commission's
rules, the requisite environmental assessment as prescribed in
Sec. 1.1311 of this chapter must be filed with the application and
Commission environmental review must be completed before construction of
the station is initiated. See Sec. 1.1312 of this chapter.
[52 FR 37777, Oct. 9, 1987, as amended at 55 FR 20397, May 16, 1990; 61
FR 26673, May 28, 1996]
Sec. 21.4 Eligibility for station license.
A station license may not be granted to or held by:
(a) Any alien or the representative of any alien.
(b) Any foreign government or the representative thereof.
(c) Any corporation organized under the laws of any foreign
government.
(d) Any corporation of which more than one-fifth of the capital
stock is owned of record or voted by: aliens or their representatives; a
foreign government or representatives thereof; or any corporation
organized under the laws of a foreign country.
(e) Any corporation directly or indirectly controlled by any other
corporation of which more than one-fourth of the capital stock is owned
of record or voted by aliens or their representatives, or by a foreign
government or representative thereof, or by any corporation organized
under the laws of a foreign government, if the Commission finds that the
public interest will be served by the refusal or revocation of such
license.
[44 FR 60534, Oct. 19, 1979, as amended at 61 FR 55580, Oct. 28, 1996]
Sec. 21.5 Formal and informal applications.
(a) Except for an authorization under any of the proviso clauses of
section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a)), the
Commission shall grant the following authorizations only upon written
application: Station licenses; modifications of station licenses;
renewals of station licenses; extensions of time to construct; transfers
and assignments of station licenses or of any rights thereunder.
(b) Except as may be otherwise permitted by this part, a separate
written application shall be filed for each instrument of authorization
requested. Applications may be:
(1) ``Formal applications'' where the Commission has prescribed in
this part a standard form; or
(2) ``Informal applications'' (normally in letter form) where the
Commission has not prescribed a standard form.
(c) An informal application will be accepted for filing only if:
(1) A standard form is not prescribed or clearly applicable to the
authorization requested;
(2) It is a document submitted, in duplicate, with a caption which
indicates clearly the nature of the request, radio service involved,
location of the station, and the application file number (if known); and
(3) It contains all the technical details and informational showings
required by the rules and states clearly
[[Page 23]]
and completely the facts involved and authorization desired.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37777, Oct. 9, 1987]
Sec. 21.6 Filing of applications, fees, and numbers of copies.
(a) As prescribed by Secs. 21.7 and 21.11 of this part, standard
formal application forms applicable to the radio services included in
this part may be obtained from either:
(1) Federal Communications Commission, Washington, DC 20554; or
(2) Any of the Commission's field operations offices, the addresses
of which are listed in Sec. 0.121.
(b) Applications requiring fees as set forth in part 1, subpart G of
this chapter must be filed in accordance with Sec. 0.401(b) of this
chapter. Applications not requiring fees shall be submitted to: Federal
Communications Commission, Washington, DC 20554.
(c) All correspondence or amendments concerning a submitted
application shall clearly identify the radio service, the name of the
applicant, station location, and the Commission file number (if known)
or station call sign of the application involved. All correspondence or
amendments concerning a submitted application may be sent directly to
the Mass Media Bureau.
(d) Except as otherwise specified, all applications, amendments, and
correspondence shall be submitted in duplicate, including exhibits and
attachments thereto, and shall be signed as prescribed by Sec. 1.743.
(e) Each application shall be accompanied by the appropriate fee
prescribed by, and submitted in accordance with, subpart G of part 1 of
this chapter.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 10230, Mar. 31, 1987;
52 FR 37777, Oct. 9, 1987; 58 FR 19774, Apr. 16, 1993; 61 FR 26673, May
28, 1996]
Sec. 21.7 Standard application form for domestic public fixed radio service licenses.
Except for the Multipoint Distribution Service, FCC Form 494 (
``Application for a New and Modified Microwave Radio Station License
Under Part 21'' ) shall be submitted and a license granted for each
station prior to commencement of any proposed station construction. FCC
Form 494 also shall be submitted to amend any license application, to
modify any license pursuant to Secs. 21.40(a) and 21.41, to notify the
Commission of modifications made pursuant to Sec. 21.42, and to delete
licensed facilities. FCC Form 494A shall be submitted to certify
completion of construction.
[52 FR 37777, Oct. 9, 1987, as amended at 60 FR 36551, July 17, 1995]
Secs. 21.8-21.10 [Reserved]
Sec. 21.11 Miscellaneous forms shared by all domestic public radio services.
(a) Licensee qualifications. FCC Form 430 (``Licensee Qualification
Report'') must be filed annually, no later than March 31 for the end of
the preceding calendar year, by licensees for each radio service
authorized under this part, if service was offered at any time during
the preceding year. Each annual filing must include all changes of
information required by FCC Form 430 that occurred during the preceding
year. In those cases in which there has been no change in any of the
required information, the applicant or licensee, in lieu of submitting a
new form, may so notify the Commission by letter. All Multipoint
Distribution Service non-common carrier licensees must annually file FCC
Form 430.
(b) Additional time to construct--FCC Form 701 (``Application for
Additional Time to Construct Radio Station'') shall be filed in
duplicate by a licensee prior to the expiration of the time for
construction noted in a license if a licensee seeks to modify the
license by extending the period of construction.
(c) Renewal of station license. Except for renewal of special
temporary authorizations, FCC Form 405 (``Application for Renewal of
Station License'') must be filed in duplicate by the licensee between
thirty (30) and sixty (60) days prior to the expiration date of the
license sought to be renewed. Whenever a group of station licenses in
the same radio service are to be renewed simultaneously, a single
``blanket'' application may be filed to cover the entire group, if the
application identifies each station by call sign and
[[Page 24]]
station location and if two copies are provided for each station
affected. Applicants should note also any special renewal requirements
under the rules for each radio service.
(d) Assignment of license. FCC Form 702 (``Application for Consent
to Assignment of Radio Station Construction Authorization or License for
Stations in Services Other than Broadcast'') must be submitted to assign
voluntarily (as by, for example, contract or other agreement) or
involuntarily (as by, for example, death, bankruptcy, or legal
disability) the station authorization. In the case of involuntary
assignment (or transfer of control) the application must be filed within
10 days of the event causing the assignment (or transfer of control).
FCC Form 702 must also be used for non-substantial (pro forma)
assignments. In addition, FCC Form 430 (``Licensee Qualification
Report'') must be submitted by the proposed assignee unless such
assignee has a current and substantially accurate report on file with
the Commission. Whenever a group of station licenses in the same radio
services are to be assigned to a single assignee, a single ``blanket''
application may be filed to cover the entire group, if the application
identifies each station by call sign and station location and if two
copies are provided for each station affected. The assignment must be
completed within 45 days from the date of authorization. Upon
consummation of an approved assignment, the Commission must be notified
by letter of the date of consummation within 10 days of its occurrence.
(e) Partial assignment of license. In the microwave services,
authorization for assignment from one company to another of only a part
or portions of the facilities (transmitters) authorized under an
existing license (as distinguished from an assignment of the facilities
in their entirety) may be granted upon application:
(1) By the assignee on FCC Form 494 and
(2) By the assignor on FCC Form 494 for deletion of the assigned
facilities, indicating concurrence in the assignee's request.
The assignment shall be consummated within 45 days from the date of
authorization. In the event that consummation does not occur, FCC Form
494 shall be submitted to return the assignor's license to its original
condition.
(f) Transfer of control of corporation holding a conditional license
or license. FCC Form 704 (``Application for Consent to Transfer of
Control'') must be submitted in order to voluntarily or involuntarily
transfer control (de jure or de facto) of a corporation holding any
conditional licenses or licenses. FCC Form 704 must also be used for
non-substantial (pro forma) transfers of control. In addition, FCC Form
430 (``Licensee Qualification Report'') must be submitted by the
proposed transferee unless said transferee has a current and
substantially accurate report on file with the Commission. The transfer
must be completed within 45 days from the date of authorization. Upon
consummation of an approved transfer, the Commission must be notified by
letter of the date of consummation within 10 days of its occurrence.
(g) Antenna Structure Registration. FCC Form 854 (Application for
Antenna Structure Registration) accompanied by a final Federal Aviation
Administration (FAA) determination of ``no hazard'' must be filed by the
antenna structure owner to receive an antenna structure registration
number. Criteria used to determine whether FAA notification and
registration is required for a particular antenna structure are
contained in Part 17 of this chapter.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27554, July 22, 1987;
52 FR 37777, Oct. 9, 1987; 56 FR 57815, Nov. 14, 1991; 61 FR 4364, Feb.
6, 1996]
Sec. 21.12 [Reserved]
Sec. 21.13 General application requirements.
(a) Each application for a license or for consent to assignment or
transfer of control shall:
(1) Disclose fully the real party (or parties) in interest,
including (as required) a complete disclosure of the identify and
relationship of those persons or entities directly or indirectly owning
or controlling (or both) the applicant;
[[Page 25]]
(2) Demonstrate the applicant's legal, financial, technical, and
other qualifications to be a permittee or licensee;
(3) Submit the information required by the Commission's Rules,
requests, and application forms;
(4) Except for applications in the Multipoint Distribution Service
filed on or after September 15, 1995, state specifically the reasons why
a grant of the proposal would serve the public interest, convenience,
and necessity.
(5) Be maintained by the applicant substantially accurate and
complete in all significant respects in accordance with the provisions
of Sec. 1.65 of this chapter; and
(6) Show compliance with the special requirements applicable to each
radio service and make all special showings that may be applicable
(e.g., those required by secs. 21.900, 21.912 and 21.913).
(b) Applications filed in the Multipoint Distribution Service shall
not cross-reference previously filed material.
(c) In addition to the general application requirements of
Secs. 21.13 through 21.17 of this part, applicants shall submit any
additional documents, exhibits, or signed written statements of fact:
(1) As may be required by the other parts of the Commission's Rules,
and the other subparts of Part 21 (particularly Subpart C and those
subparts applicable to the specific radio service involved); and
(2) As the Commission, at any time after the filing of an
application and during the term of any authorization, may require from
any applicant, permittee, or licensee to enable it to determine whether
a radio authorization should be granted, denied, or revoked.
(d) Except when the Commission has declared explicitly to the
contrary, an informational requirement does not in itself imply the
processing treatment of decisional weight to be accorded the response.
(e) All applicants are required to indicate at the time their
application is filed whether an authorization of the facilities is
categorically excluded as defined by Sec. 1.1306 of the Commission's
rules. If answered affirmatively, an Environmental Assessment as
described by Sec. 1.1311, need not be filed with the application.
(f) Whenever an individual applicant, or a partner (in the case of a
partnership) or a full time manager (in the case of a corporation) will
not actively participate in the day-to-day management and operation of
proposed facilities, the applicant or licensee will submit a statement
containing the reasons therefor and disclosing the details of the
proposed operation, including a demonstration of how control over the
radio facilities will be retained by the applicant. If the operation of
a radio station is to be accomplished by contractual arrangement with an
entity unrelated to an applicant or licensee, the applicant or licensee
shall file a copy of the agreement or contract which shall demonstrate
that:
(1) The operation is accomplished according to general instructions
provided for by the applicant;
(2) The applicant retains effective control over the radio
facilities and their operations; and
(3) The applicant assumes full responsibility for both the quality
of service and for contractor compliance with the Commission's Rules.
[44 FR 60534, Oct. 19, 1979, as amended at 47 FR 29244, July 6, 1982; 51
FR 15003, Apr. 22, 1986; 52 FR 37778, Oct. 9, 1987; 55 FR 46008, Oct.
31, 1990; 58 FR 19774, Apr. 16, 1993; 58 FR 44894, Aug. 25, 1993; 60 FR
36551, July 17, 1995; 61 FR 26673, May 28, 1996]
Sec. 21.14 [Reserved]
Sec. 21.15 Technical content of applications.
Applications shall contain all technical information required by the
application form and any additional information necessary to fully
describe the proposed facilities and to demonstrate compliance with all
technical requirements of the rules governing the radio service involved
(see subparts C, F and K as appropriate). The following paragraphs
describe a number of technical requirements.
(a)(1) Except in the case of applicants for Multipoint Distribution
Service, applicants proposing a new station location (including receive-
only stations and passive repeaters) must indicate whether the station
site is owned. If it is not owned, its availability for the
[[Page 26]]
proposed radio station site must be demonstrated. Under ordinary
circumstances, this requirement will be considered satisfied if the site
is under lease or under written option to buy or lease.
(2) Where any lease or agreement to use land limits or conditions in
any way the applicant's access or use of the site to provide public
service, a copy of the lease or agreement (which clearly indicates the
limitations or conditions) must be filed with the application, except in
the case of applicants for stations in the Multipoint Distribution
Service. Multipoint Distribution Service applicants must instead certify
compliance with the limitations and conditions contained in the lease or
option agreement.
(3) Except for BTA and PSA authorization holders, Multipoint
Distribution Service applicants proposing a new station location must
certify the proposed station site will be available to the applicant for
timely construction of the facilities during the initial construction
period.
(4) An applicant's failure to include a certification required under
this Section will result in dismissal of the application. The submission
of a false certification will subject the applicant to all remedies
available to the Commission, including the dismissal with prejudice of
all applications filed by the offending applicant and the revocation of
authorizations of the offending applicant. Also, if evidence of intent
exists, the case will be referred to the Department of Justice for
criminal prosecution under 18 U.S.C. 1001. In addition, the submission
of an intentionally falsified certification will be treated as a
reflection on an applicant's basic qualifications to become or to remain
a licensee.
(b) [Reserved]
(c) Each application involving a new or modified transmitting
antenna supporting structure, passive facility, or the addition or
removal of a transmitting antenna, or the repositioning of an authorized
antenna for a station must be accompanied by a vertical profile sketch
of the total structure depicting its structural nature and clearly
indicating the ground elevation (above sea level) at the structure site,
the overall height of the structure above ground (including obstruction
lights when required, lightning rods, etc.) and, if mounted on a
building, its overall height above the building. The proposed antenna on
the structure must be clearly identified and its height above-ground
(measured to the center of radiation) clearly indicated. Alternatively,
applicants in the Multipoint Distribution Service who filed applications
on or after September 15, 1995, may provide this information in the MDS
long-form application.
(d) Each application proposing a new or modified antenna structure
for a station (including a passive repeater or signal booster station)
so as to change its overall height shall indicate whether any necessary
notification of the FAA has been made. Complete information as to rules
concerning the construction, marking and lighting of antenna structures
is contained in part 17 of this chapter. See also Sec. 21.111 if the
structure is used by more than one station.
(e) Antenna Structure Registration Number. Applications proposing
construction of a new antenna structure or alteration of the overall
height of an existing antenna structure, where FAA notification prior to
such construction or alteration is required by part 17 of this chapter,
must include the FCC Antenna Structure Registration Number for the
affected structure. If no such number has been assigned at the time the
application is filed, the applicant must state in the application
whether or not the antenna structure owner has notified the FAA of the
proposed construction or alteration and applied to the FCC for an
Antenna Structure Registration Number in accordance with Part 17 of this
chapter of this structure for the antenna structure in question.
(f) Except for applicants in the Multipoint Distribution Service who
filed applications on or after September 15, 1995, an applicant
proposing construction of one or more new stations or modification of
existing stations where substantial changes in the operation or
maintenance procedures are involved must submit a showing of the general
maintenance procedures involved to insure the rendition of good public
communications service. The
[[Page 27]]
showing should include but need not be limited to the following.
(1) Location and telephone number (if known) of the maintenance
center for a point to point microwave system. In lieu of providing the
location and telephone number of the maintenance on a case by case
basis, a licensee may file a complete list for all operational stations
with the Commission and the Engineer-In-Charge of the appropriate radio
district on an annual basis or at more frequent intervals as necessary
to keep the information current.
(2) The manner in which technical personnel are made aware of
malfunction at any of the stations and the appropriate time required for
them to reach any of the stations in the event of an emergency. If fault
alarms are to be used, the items to be alarmed shall be specified as
well as the location of the alarm center.
(g) Applications in the Multipoint Distribution Service filed before
September 15, 1995, proposing a new or replacement antenna (excluding
omni-directional antennas) shall include an antenna radiation pattern
showing the antenna power gain distribution in the horizontal plane
expressed in decibels, unless such pattern is known to be on file with
the Commission in which case the applicant may reference in its
application the FCC-ID number that indicates that the pattern is on file
with the Commission. Multipoint Distribution Service applicants who
filed applications on or after September 15, 1995 must provide related
information in completing an MDS long-form application.
(h) Except for applications in the Multipoint Distribution Service
filed on or after September 15, 1995, each application in the Point-to-
Point Radio, Local Television Transmission and Digital Electronic
Message Service (excluding user stations) proposing a new or replacement
antenna (excluding omni-directional antennas) shall include an antenna
radiation pattern showing the antenna power gain distribution in the
horizontal plane expressed in decibels, unless such pattern is known to
be on file with the Commission in which case the applicant may reference
in its application the FCC-ID number that indicates that the pattern is
on file with the Commission. Multipoint Distribution Service applicants
who filed applications on or after September 15, 1995 must provide
related information in completing an MDS long-form application.
[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23449, Apr. 27, 1981;
52 FR 37778, Oct. 9, 1987; 58 FR 11797, Mar. 1, 1993; 60 FR 36551, July
17, 1995; 60 FR 57366, Nov. 15, 1995; 61 FR 4364, Feb. 6, 1996; 61 FR
26673, May 28, 1996]
Sec. 21.16 [Reserved]
Sec. 21.17 Certification of financial qualifications.
Each application for a new license and each application for a major
modification of an existing station shall contain a certification that
the applicant has or will have the financial ability to meet the
expected costs of constructing the facilities within the time allowed
and the estimated operating expenses for a period of twelve months.
[52 FR 37778, Oct. 9, 1987]
Sec. 21.18 [Reserved]
Sec. 21.19 Waiver of rules.
Waivers of these rules may be granted upon application or on the
Commission's own motion. A request for waiver shall contain a statement
of reasons sufficient to justify a waiver. A waiver will not be granted
except upon an affirmative showing that:
(a) The underlying purpose of the rule will not be served, or would
be frustrated, by its application in the particular case, and that grant
of the waiver is otherwise in the public interest; or
(b) The unique facts and circumstances of a particular case render
application of the rule inequitable, unduly burdensome or otherwise
contrary to the public interest. Applicants must also show the lack of a
reasonable alternative.
[52 FR 37778, Oct. 9, 1987]
Sec. 21.20 Defective applications.
(a) Unless the Commission shall otherwise permit, an application
will be unacceptable for filing and will be returned to the applicant
with a brief statement as to the omissions or discrepancies if:
[[Page 28]]
(1) The application is defective with respect to completeness of
answers to questions, informational showings, execution, or other
matters of a formal character; or
(2) The application does not substantially comply with the
Commission's rules, regulations, specific requests for additional
information, or other requirements.
(b) By way of illustration only, and not in any way limiting the
scope of paragraph (a), the following are examples of common
deficiencies which result in defective applications under paragraph (a):
(1) The application is not properly executed;
(2) The submitted filing fee (if a filing fee is required) is
insufficient;
(3) The application does not demonstrate how the proposed radio
facilities will serve the public interest, convenience or necessity;
(4) The application does not demonstrate compliance with the special
requirements applicable to the radio service involved;
(5) The application does not certify the availability of the
proposed station site.
(6) The application does not include the environmental assessment
required for any significant environmental impact under the Commission's
environmental rules (part 1, subpart I);
(7) The application does not specify the polarization and, where
applicable, the antenna orientation azimuth and distance;
(8) The application does not include all necessary exhibits;
(9) The application is filed after the cutoff date prescribed in
Sec. 21.31 or Sec. 21.914 of this part; or
(10) The application proposes the use of a frequency not allocated
to such use.
(c) Applications considered defective under paragraph (a) of this
section may be accepted for filing if:
(1) The application is accompanied by a request which sets forth the
reasons in support of a waiver of (or an exception to), in whole or in
part, any specific rule, regulation, or requirement with which the
application is in conflict; or
(2) The Commission, upon its own motion, waives (or allows an
exception to), in whole or in part, any rule, regulation or requirement.
(d) If an applicant is requested by the Commission to file any
documents or any supplementary or explanatory information not
specifically required in the prescribed application form, a failure to
comply with such request within a specified time period will be deemed
to render the application defective and will subject it to dismissal.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 5294, Feb. 20, 1987; 52
FR 37779, Oct. 9, 1987; 55 FR 46009, Oct. 31, 1990; 58 FR 11797, Mar. 1,
1993; 61 FR 26674, May 28, 1996]
Sec. 21.21 Inconsistent or conflicting applications.
While an application is pending and undecided, no subsequent
inconsistent or conflicting application may be filed by the same
applicant, the applicant's successor or assignee, or on behalf or for
the benefit of the same applicant, the applicant's successor or
assignee.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37779, Oct. 9, 1987]
Sec. 21.22 Repetitious applications.
(a) Where an applicant has been afforded an opportunity for a
hearing with respect to a particular application for a new station, or
for an extension or enlargement of a service or facilities, and the
Commission has, after hearing or default, denied the application or
dismissed it with prejudice, the Commission will not consider a like
application involving service of the same kind to the same area by the
same applicant, or by the applicant's successor or assignee, or on
behalf of or for the benefit of the original parties in interest, until
after the lapse of 12 months from the effective date of the Commission's
order. The Commission may, for good cause shown, waive the requirements
of this section.
(b) Where an appeal has been taken from the action of the Commission
denying a particular application, another application for the same class
of station and for the same area, in whole or in part, filed by the same
applicant or by the applicant's successor or assignee, or on behalf or
for the benefit of the original parties in interest, will not
[[Page 29]]
be considered until the final disposition of such appeal.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37779, Oct. 9, 1987]
Sec. 21.23 Amendment of applications.
(a)(1) Any pending application may be amended as a matter of right
if the application has not been designated for hearing, or for
comparative evaluation pursuant to Sec. 21.35, or for the random
selection process, provided, however, that the amendments must comply
with the provisions of Sec. 21.29 as appropriate and the Commission has
not otherwise forbidden the amendment of pending applications.
(2) A Multipoint Distribution Service application tentatively
selected for qualification review by the random selection process may be
amended as a matter of right up to 14 days after the date of the public
notice announcing the tentative selection, provided, however, that the
amendments must comply with the provisions of Sec. 21.29 as appropriate
and the Commission has not otherwise forbidden the amendment of pending
applications.
(3) Provided, however, applications may not be amended if the
amendments seek more than a pro forma change of ownership or control
(bankruptcy, death or legal disability) of a pending Multipoint
Distribution Service application and any amendment or application will
be dismissed if the amendment or application seeks more than a pro forma
change of ownership or control.
(b) Requests to amend an application designated for hearing or for
comparative evaluation or for tentative selection for qualification
review by the random selection process may be granted only if a written
petition demonstrating good cause is submitted and properly served on
the parties of record, except that Multipoint Distribution Service
applications tentatively selected in a random selection process may be
amended as a matter of right as provided in paragraph (a) of this
section. Provided, however, requests to amend applications will not be
granted that seek more than a pro forma change of ownership or control
(bankruptcy, death or legal disability) of a pending Multipoint
Distribution Service application and any application seeking more than a
pro forma change of ownership or control will be dismissed.
(c) The Commission will classify amendments on a case-by-case basis.
Whenever previous amendments have been filed, the most recent amendment
will be classified by reference to how the information in question stood
as of the latest Public Notice issued which concerned the application.
An amendment will be deemed to be a major amendment subject to
Sec. 21.27 and Sec. 21.31 under any of the following circumstances:
(1) If in the Multipoint Distribution Service, the amendment results
in a substantial modification of the engineering proposal such as (but
not necessarily limited to):
(i) A change in, or addition of, a radio frequency channel;
(ii) A change in polarization of the transmitted signal;
(iii) A change in type of transmitter emission or an increase in
emission bandwidth of more than ten (10) percent;
(iv) A change in the geographic coordinates of a station's
transmitting antenna of more than ten (10) seconds of latitude or
longitude, or both;
(v) Any change which increases the antenna height by 3.0 meters (10
feet) or more;
(vi) Any technical change which would increase the effective
radiated power in any direction by more than one and one-half (1.5) dB;
or
(vii) Any changes or combination of changes which would cause
harmful electrical interference to an authorized facility or result in a
mutually exclusive conflict with another pending application.
(2) [Reserved]
(3) If the amendment would convert a proposal, such that it may have
a significant impact upon the environment under Sec. 1.1307 of the
Commission's rules, which would require the submission of an
environmental assessment, see Sec. 1.1311 of this chapter, and
Commission environmental review, see Secs. 1.1308 and 1.1312 of this
chapter.
(4) If the amendment results in a substantial and material
alteration of the proposed service.
[[Page 30]]
(5) If the amendment specifies a substantial change in benefical
ownership or control (de jure or de facto) of an applicant such that the
change would require, in the case of an authorized station, the filing
of a prior assignment or transfer of control application under section
310(d) of the Communications Act of 1934 [47 U.S.C. 310(d)]. Such a
change would not be considered major where the assignment or transfer of
control is for legitimate business purposes other than the acquisition
of applications.
(6) If the amendment, or the cumulative effect of the amendment, is
determined by the Commission otherwise to be substantial pursuant to
section 309 of the Communications Act of 1934.
(d) The applicant must serve copies of any amendments or other
written communications upon the following parties:
(1) Any applicant whose application appears on its face to be
mutually exclusive with the application being amended, including those
applicants originally served under Sec. 21.902;
(2) Any applicant whose application has been found by the
Commission, as published in a public notice, to be mutually exclusive
with the application being amended; and
(3) Any party who has filed a petition to deny the application or
other formal objection, when that petition or formal objection has not
been resolved by the Commission.
(e) The Commission may waive the service requirements of paragraph
(e) of this section and prescribe such alternative procedures as may be
appropriate under the circumstances to protect petitioners' interests
and to avoid undue delay in a proceeding, if an applicant submits a
request for waiver which demonstrates that the service requirement is
unreasonably burdensome. Requests for waiver shall be served on
petitioners. Oppositions to the petition may be filed within five (5)
days after the petition is filed and shall be served on the applicant.
Replies to oppositions will not be entertained.
(f) Any amendment to an application shall be signed and shall be
submitted in the same manner, and with the same number of copies, as was
the original application. Amendments may be made in letter form if they
comply in all other respects with the requirements of this chapter.
[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981;
50 FR 5992, Feb. 13, 1985; 50 FR 45614, Nov. 1, 1985; 52 FR 37779, Oct.
9, 1987; 55 FR 20397, May 16, 1990; 56 FR 57816, Nov. 14, 1991; 58 FR
11797, Mar. 1, 1993; 58 FR 44894, Aug. 25, 1993; 61 FR 26674, May 28,
1996]
Sec. 21.24 [Reserved]
Sec. 21.25 Application for temporary authorizations.
(a) In circumstances requiring immediate or temporary use of
facilities, request may be made for special temporary authority to
install and/or operate new or modified equipment. Any such request may
be submitted as an informal application in the manner set forth in
Sec. 21.5 and must contain full particulars as to the proposed operation
including all facts sufficient to justify the temporary authority sought
and the public interest therein. No such request will be considered
unless the request is received by the Commission at least 10 days prior
to the date of proposed construction or operation or, where an extension
is sought, expiration date of the existing temporary authorization.
(b) Special temporary authorizations may be granted without regard
to the 30-day public notice requirement of Sec. 21.27(c) when:
(1) The authorization is for a period not to exceed 30 days and no
application for regular application is contemplated to be filed;
(2) The authorization is for a period not to exceed 60 days pending
the filing of an application for such regular operation;
(3) The authorization is to permit interim operation to facilitate
completion of authorized construction or to provide substantially the
same service as previously authorized; or
(4) The authorization is made upon a finding that there are
extraordinary circumstances requiring operation in the public interest
and that delay in the institution of such service would seriously
prejudice the public interest.
(c) Temporary authorization of operations not to exceed 180 days may
be granted under the standards of section
[[Page 31]]
309(f) of the Communications Act where extraordinary circumstances so
require. Extensions of the temporary authorization for a period of 180
days each may also be granted, but the renewal applicant bears a heavy
burden to show that extraordinary circumstances warrant such an
extension.
(d) In cases of emergency found by the Commission, involving danger
to life or property or due to damage of equipment, or during a national
emergency proclaimed by the President or declared by the Congress or
during the continuance of any war in which the United States is engaged
and when such action is necessary for the national defense or safety or
otherwise in furtherance of the war effort, or in cases of emergency
where the Commission finds that it would not be feasible to secure
renewal applications from existing licensees or otherwise to follow
normal licensing procedure, the Commission will grant construction
permits and station licenses, or modifications or renewals thereof,
during the emergency found by the Commission or during the continuance
of any such national emergency or war, as special temporary licenses,
only for the period of emergency or war requiring such action, without
the filing of formal applications.
[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 27252, June 14, 1983;
52 FR 37779, Oct. 9, 1987]
Processing of Applications
Sec. 21.26 Receipt of applications.
Applications received by the Commission are given a file number for
administrative convenience, which does not indicate the acceptance of
the application for filing and processing. After preliminary review
those applications covered by Sec. 21.27(a) that appear complete will be
put on public notice as accepted for filing. Neither the assignment of a
file number nor the listing of the application on public notice as
accepted for filing indicates that the application has been found
acceptable for filing or precludes the subsequent return or dismissal of
the application if it is found to be defective or not in substantial
compliance with the Commission's rules.
[52 FR 37779, Oct. 9, 1987]
Sec. 21.27 Public notice period.
(a) At regular intervals, the Commission will issue a public notice
listing:
(1) The acceptance for filing of applications and major amendments
thereto;
(2) Significant Commission actions concerning applications;
(3) The filing of certifications of completion of construction;
(4) The receipt of applications for minor modifications made
pursuant to Sec. 21.41;
(5) Information which the Commission in its discretion believes of
public significance; and
(6) Special environmental considerations as required by part 1 of
this chapter.
(7) The BTAs designated for licensing through the competitive
bidding process and the filing date for short-form applications for
those areas;
(8) The auction winners in the competitive bidding process;
(b) A public notice will not normally be issued for any of the
following applications:
(1) For authorization of a minor technical change in the facilities
of a proposed or authorized station where such a change would not be
classified as a major amendment to a pending application, as defined by
Sec. 21.23, or as a minor modification to a license pursuant to
Sec. 21.41;
(2) For temporary authorization pursuant to Sec. 21.25;
(3) For an authorization under any of the proviso clauses of section
308(a) of the Communications Act of 1934 (47 U.S.C. 308(a));
(4) For consent to an involuntary assignment or transfer of control
of a radio authorization; or
(5) For consent to a voluntary assignment or transfer of control of
a radio authorization, where the assignment or transfer does not involve
a substantial change in ownership or control.
(c) Except as otherwise provided in this part (e.g., Sec. 21.41), no
application that has appeared on public notice will be granted until the
expiration of a period of thirty days following the
[[Page 32]]
issuance of the public notice listing the application, or any major
amendment thereto, or until the expiration of a period of thirty days
following the issuance of a public notice identifying the tentative
selectee of a random selection process, whichever is later.
[52 FR 37779, Oct. 9, 1987, as amended at 54 FR 10327, Mar. 13, 1989; 60
FR 36552, July 17, 1995; 61 FR 26674, May 28, 1996]
Sec. 21.28 Dismissal and return of applications.
(a) Except as provided under paragraph (c) of this section and under
Sec. 21.29, any application may be dismissed without prejudice as a
matter of right if the applicant requests its dismissal prior to
designation for hearing or prior to selection of the comparative
evaluation procedure of Sec. 21.35. An applicant's request for return of
its application after it has been accepted for filing will be considered
to be a request for dismissal without prejudice. Requests for dismissal
shall comply with the provisions of Sec. 21.29 as appropriate.
(b) A request to dismiss an application without prejudice will be
considered after designation for hearing, after selection of the
comparative evaluation procedure of Sec. 21.35, or after selection as a
tentative selectee in a random selection proceeding, only if:
(1) A written petition is submitted to the Commission and, in the
case of applications designated for hearing or comparative evaluation,
is properly served upon all parties of record;
(2) The petition is submitted before the issuance date of a public
notice of Commission action denying the application; and
(3) The petition complies with the provisions of Sec. 21.29
(whenever applicable) and demonstrates good cause.
(c) Except as provided under Sec. 21.29, an application designated
for inclusion in the random selection process may be dismissed without
prejudice as a matter of right if the applicant requests its dismissal
at least 2 days prior to a random selection proceeding. An applicant's
request for return of its application after it has been accepted for
filing will be considered to be a request for dismissal without
prejudice. Requests for dismissal shall comply with the provisions of
Sec. 21.29 as appropriate.
(d) The Commission will dismiss an application for failure to
prosecute or for failure to respond substantially within a specified
time period to official correspondence or requests for additional
information. Dismissal will be without prejudice prior to designation
for hearing, selection of the comparative evaluation procedure of
Sec. 21.35, or tentative selection by the random selection process, but
may be with prejudice for unsatisfactory compliance with Sec. 21.29, or
after designation for hearing, selection of the comparative evaluation
process, or selection as a tentative selectee in a random selection
proceeding.
(e) The Commission will dismiss an application filed by a cable
television company which fails to comply with the provisions of
Sec. 21.912 of this part.
(f) A Multipoint Distribution Service application will be dismissed
if the applicant seeks to change ownership or control, except in the
case of a pro forma change of ownership or control (bankruptcy, death,
or legal disability).
[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 55
FR 46009, Oct. 31, 1990; 58 FR 11797, Mar. 1, 1993]
Sec. 21.29 Ownership changes and agreements to amend or to dismiss applications or pleadings.
(a) Except as provided in paragraph (b) of this section, applicants
or any other parties in interest to pending applications shall comply
with the provisions of this section whenever:
(1) They participate in any agreement (or understanding) which
involves any consideration promised or received, directly or indirectly,
including any agreement (or understanding) for merger of interests or
the reciprocal withdrawal of applications; and
(2) The agreement (or understanding) may result in either:
(i) A proposed substantial change in beneficial ownership or control
(de jure or de facto) of an applicant such that the change would
require, in the case of an authorized station, the filing of a prior
assignment or transfer of control application under section 310(d) of
the
[[Page 33]]
Communications Act of 1934 [47 U.S.C. 310(d)], or
(ii) Proposed withdrawal, amendment or dismissal of any
application(s), amendment(s), petition(s), pleading(s), or any
combination thereof, which would thereby permit the grant without
hearing, comparative evaluation under of Sec. 21.35, or random selection
of an application previously in contested status.
(b) The provisions of this section shall not be applicable to any
engineering agreement (or understanding) which:
(1) Resolves frequency conflicts with authorized stations or other
pending applications without the creation of new or increased frequency
conflicts; and
(2) Does not involve any consideration promised or received,
directly or indirectly (including any merger of interests or reciprocal
withdrawal of applications), other than the mutual benefit of resolving
the engineering conflict.
(c) For any agreement subject to this section, the applicant of an
application which would remain pending pursuant to such an agreement
will be considered responsible for the compliance by all parties with
the procedures of this section. Failure of the parties to comply with
the procedures of this section shall constitute a defect in those
applications which are involved in the agreement and remain in a pending
status.
(d) The principals to any agreement or understanding subject to this
section shall comply with the standards of paragraph (e) of this section
in accordance with the following procedure:
(1) Within ten (10) days after entering into the agreement, the
parties thereto shall jointly notify the Commission in writing of the
existence and general terms of such agreement, the identity of all of
the participants and the applications involved;
(2) Within thirty (30) days after entering into the agreement, the
parties thereto shall file any proposed application amendments, motions,
or requests together with a copy of the agreement which clearly sets
forth all terms and provisions, and such other facts and information as
necessary to satisfy the standards of paragraph (e) of this section.
Such submission shall be accompanied by the certification by affidavit
of each principal to the agreement declaring that the statements made
are true, complete, and correct to the best of their knowledge and
belief, and are made in good faith.
(3) The Commission may request any further information which in its
judgment it believes is necessary for a determination under paragraph
(e) of this section.
(e) The Commission will grant an application (or applications)
involved in the agreement (or understanding) only if it finds upon
examination of the information submitted, and upon consideration of such
other matters as may be officially noticed, that the agreement is
consistent with the public interest, and the amount of any monetary
consideration and the cash value of any other consideration promised or
received is not in excess of those legitimate and prudent costs directly
assignable to the engineering, preparation, filing and advocacy of the
withdrawn, dismissed, or amended application(s), amendment(s),
petition(s), pleading(s), or any combination thereof. Where such costs
represent the applicant's in-house efforts, these costs shall include
only directly assignable costs and shall exclude general overhead
expenses. [The treatment to be accorded such consideration for
interstate rate making purposes will be determined at such time as the
question may arise in an appropriate rate proceeding.] An itemized
accounting shall be submitted to support the amount of consideration
involved except where such consideration (including the fair market
value of any non-cash consideration) promised or received does not
exceed one thousand dollars ($1,000.00). Where consideration involves a
sale of facilities or merger of interests, the accounting shall clearly
identify that portion of the consideration allocated for such facilities
or interests and a detailed description thereof, including estimated
fair market value. The Commission will not presume an agreement (or
understanding) to be prima facie contrary to the public interest solely
because it incorporates a mutual agreement to withdraw pending
application(s),
[[Page 34]]
amendment(s), petition(s), pleading(s), or any combination thereof.
(f) Notwithstanding Sec. 21.29(e), amendments will not be granted
that seek more than a pro forma change of ownership or control
(bankruptcy, death, or legal disability) of a pending Multipoint
Distribution Service application, and any Multipoint Distribution
Service application will be dismissed that seeks more than a pro forma
change of ownership or control.
[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 58
FR 11797, Mar. 1, 1993]
Sec. 21.30 Opposition to applications.
(a) Petitions to deny (including petitions for other forms of
relief) and responsive pleadings for Commission consideration must:
(1) Identify the application or applications (including applicant's
name, station location, Commission file numbers and radio service
involved) with which it is concerned;
(2) Be filed in accordance with the pleading limitations, filing
periods, and other applicable provisions of Secs. 1.41 through 1.52, and
1.821 through 1.825;
(3) Contain specific allegations of fact (except for those of which
official notice may be taken), which shall be supported by affidavit of
a person or persons with personal knowledge thereof, and which shall be
sufficient to demonstrate that the petitioner (or respondent) is a party
in interest and that a grant of, or other Commission action regarding,
the application would be prima facie inconsistent with the public
interest;
(4) Except as provided in Sec. 21.901(d)(1) of this part regarding
Instructional Television Fixed Service licensees, be filed within thirty
(30) days after the date of public notice announcing the acceptance for
filing of any such application or major amendment thereto, or
identifying the tentative selectee of a random selection proceeding in
the Multichannel Multipoint Distribution Service or for Multipoint
Distribution Service H--channel stations (unless the Commission
otherwise extends the deadline); and
(5) Contains a certificate of service showing that it has been
mailed to the applicant no later than the date of filing thereof with
the Commission.
(b) The Commission will classify as informal objections:
(1) Any petition to deny not filed in accordance with paragraph (a)
of this section;
(2) Any petition to deny (or for other forms of relief) an
application to which the thirty (30) day public notice period of
Sec. 21.27(c) does not apply; or
(3) Any comments on, or objections to, the grant of an application
when the comments or objections do not conform to either paragraph (a)
of this section or other Commission rules and requirements.
(c) The Commission will consider informal objections, but will not
necessarily discuss them specifically in a formal opinion if:
(1) The informal objection is filed at least one day before
Commission action on the application; and
(2) The informal objection is signed by the submitting person (or
his representative) and discloses his interest.
[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 50
FR 45614, Nov. 1, 1985; 52 FR 37779, Oct. 9, 1987; 55 FR 46009, Oct. 31,
1990; 56 FR 57816, Nov. 14, 1991]
Sec. 21.31 Mutually exclusive applications.
(a) The Commission will consider applications to be mutually
exclusive if their conflicts are such that the grant of one application
would effectively preclude by reason of harmful electrical interference,
or other practical reason, the grant of one or more of the other
applications. The Commission will presume ``harmful electrical
interference'' to mean interference which would result in a material
impairment to service rendered to the public despite full cooperation in
good faith by all applicants or parties to achieve reasonable technical
adjustments which would avoid electrical conflict.
(b) An application will be entitled to be included in a random
selection process or to comparative consideration with one or more
conflicting applications only if:
(1) The application is mutually exclusive with the other
application; and
(2) The application is received by the Commission in a condition
acceptable
[[Page 35]]
for filing by whichever ``cut-off'' date is earlier:
(i) Sixty (60) days after the date of the public notice listing the
first of the conflicting applications as accepted for filing; or
(ii) One (1) business day preceding the day on which the Commission
takes final action on the previously filed application (should the
Commission act upon such application in the interval between thirty (30)
and sixty (60) days after the date of its public notice).
(c) Whenever three or more applications are mutually exclusive, but
not uniformly so, the earliest filed application established the date
prescribed in paragraph (b)(2) of this section, regardless of whether or
not subsequently filed applications are directly mutually exclusive with
the first filed application. [For example, applications A, B, and C are
filed in that order. A and B are directly mutually exclusive, B and C
are directly mutually exclusive. In order to be considered comparatively
with B, C must be filed within the ``cut-off'' period established by A
even though C is not directly mutually exclusive with A.]
(d) An application otherwise mutually exclusive with one of more
previously filed applications, but filed after the appropriate date
prescribed in paragraph (b)(2) of this section, will be returned without
prejudice and will be eligible for refiling only after final action is
taken by the Commission with respect to the previously filed application
(or applications).
(e) For the purposes of this section, any application (whether
mutually exclusive or not) will be considered to be a newly filed
application if it is amended by a major amendment (as defined by
Sec. 21.23), except under any of the following circumstances:
(1) The application has been designated for comparative hearing, or
for comparative evaluation (pursuant to Sec. 21.35), and the Commission
or the presiding officer accepts the amendment pursuant to
Sec. 21.23(b);
(2) The amendment resolves frequency conflicts with authorized
stations or other pending applications which would otherwise require
resolution by hearing, by comparative evaluation pursuant to Sec. 21.35,
or by random selection pursuant to Sec. 21.33 provided that the
amendment does not create new or additional frequency conflicts;
(3) The amendment reflects only a change in ownership or control
found by the Commission to be in the public interest, and for which a
requested exemption from the ``cut-off'' requirements of this section is
granted, unless the amendment is for more than a pro forma change of
ownership or control (bankruptcy, death or legal disability) of a
pending Multipoint Distribution Service application in which event the
application will be dismissed;
(4) The amendment reflects only a change in ownership or control
which results from an agreement under Sec. 21.29 whereby two or more
applicants entitled to comparative consideration of their applications
join in one (or more) of the existing applications and request dismissal
of their other application (or applications) to avoid the delay and cost
of comparative consideration, unless the amendment is for one (or more)
pending Multipoint Distribution Service application (or applications) in
which event the application (or applications) will be dismissed;
(5) The amendment corrects typographical, transcription, or similar
clerical errors which are clearly demonstrated to be mistakes by
reference to other parts of the application, and whose discovery does
not create new or increased frequency conflicts; or
(6) The amendment does not create new or increased frequency
conflicts, and is demonstrably necessitated by events which the
applicant could not have reasonably foreseen at the time of filing, such
as, for example:
(i) The loss of a transmitter or receiver site by condemnation,
natural causes, or loss of lease or option;
(ii) Obstruction of a proposed transmission path caused by the
erection of a new building or other structure; or
(iii) The discontinuance or substantial technological obsolescence
of specified equipment, whenever the application has been pending before
the Commission for two or more years from the date of its filing.
(iv) The change of status by a MDS applicant from common carrier to
non-
[[Page 36]]
common carrier, or from non-common carrier to common carrier.
[44 FR 60534, Oct. 19, 1979, as amended at 45 FR 65600, Oct. 3, 1980; 45
FR 70468, Oct. 24, 1980; 50 FR 5993, Feb. 13, 1985; 52 FR 27554, July
22, 1987; 52 FR 37780, Oct. 9, 1987; 55 FR 10462, Mar. 21, 1990; 58 FR
11797, Mar. 1, 1993; 61 FR 26674, May 28, 1996]
Sec. 21.32 Consideration of applications.
(a) Applications for an instrument of authorization will be granted
if, upon examination of the application and upon consideration of such
other matters as it may officially notice, the Commission finds that the
grant will serve the public interest, convenience, and necessity.
(b) The grant shall be without a formal hearing if, upon
consideration of the application, any pleadings of objections filed, or
other matters which may be officially noticed, the Commission finds
that:
(1) The application is acceptable for filing, and is in accordance
with the Commission's rules, regulations, and other requirements;
(2) The application is not subject to comparative consideration
(pursuant to Sec. 21.31) with another application (or applications),
except where the competing applicants have chosen the comparative
evaluation procedure of Sec. 21.35 and a grant is appropriate under that
procedure;
(3) A grant of the application would not cause harmful electrical
interference to an authorized station;
(4) There are no substantial and material questions of fact
presented; and
(5) The applicant is legally, technically, financially and otherwise
qualified, and a grant of the application would serve the public
interest.
(c) If the Commission should grant without a formal hearing an
application for an instrument of authorization which is subject to a
petition to deny filed in accordance with Sec. 21.30, the Commission
will deny the petition by the issuance of a Memorandum Opinion and Order
which will concisely report the reasons for the denial and dispose of
all substantial issues raised by the petition.
(d) Whenever the Commission, without a formal hearing, grants any
application in part, or subject to any terms or conditions other than
those normally applied to applications of the same type, it shall inform
the applicant of the reasons therefor, and the grant shall be considered
final unless the Commission should revise its action (either by granting
the application as originally requested, or by designating the
application for a formal evidentiary hearing) in response to a petition
for reconsideration which:
(1) Is filed by the applicant within thirty (30) days from the date
of the letter or order giving the reasons for the partial or conditioned
grant;
(2) Rejects the grant as made and explains the reasons why the
application should be granted as originally requested; and
(3) Returns the instrument of authorization.
(e) The Commission will designate an application for a formal
hearing, specifying with particularity the matters and things in issue,
if, upon consideration of the application, any pleadings or objections
filed, or other matters which may be officially noticed, the Commission
determines that:
(1) A substantial and material question of fact is presented;
(2) The Commission is unable for any reason to make the findings
specified in paragraph (a) of this section and the application is
acceptable for filing, complete, and in accordance with the Commission's
rules, regulations, and other requirements.
(3) The application is entitled to comparative consideration (under
Sec. 21.31) with another application (or applications); or
(4) The application is entitled to comparative consideration
(pursuant to Sec. 21.31) and the applicants have chosen the comparative
evaluation procedure of Sec. 21.35 but the Commission deems such
procedure to be inappropriate.
(f) The Commission may grant, deny, or take other action with
respect to an application designated for a formal hearing pursuant to
paragraph (e) of this section or part 1 of this chapter.
(g) Whenever the public interest would be served thereby the
Commission may grant one or more mutually
[[Page 37]]
exclusive applications expressly conditioned upon final action on the
applications, and then either conduct a random section process (in
specified services under this rules part), designate all of the mutually
exclusive applications for a formal evidentiary hearing or (whenever so
requested) follow the comparative evaluation procedures of Sec. 21.35,
as appropriate, if it appears:
(1) That some or all of the applications were not filed in good
faith, but were filed for the purpose of delaying or hindering the grant
of another application;
(2) That the public interest requires the prompt establishment of
radio service in a particular community or area;
(3) That a delay in making a grant to any applicant until after the
conclusion of a hearing or a random selection proceeding on all
applications might jeopardize the rights of the United States under the
provision of an international agreement to the use of the frequency in
question; or
(4) That a grant of one application would be in the public interest
in that it appears from an examination of the remaining applications
that they cannot be granted because they are in violation of provisions
of the Communications Act, other statutes, or of the provisions of this
chapter.
(h) Reconsideration or review of any final action taken by the
Commission will be in accordance with subpart A of part 1 of this
chapter.
[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985]
Sec. 21.33 Grants by random selection.
(a) If an application for an authorization for a Multichannel
Multipoint Distribution Service (MMDS) station or for a Multipoint
Distribution Service (MDS) H-channel station is mutually exclusive with
another such application, and satisfies the requirements of Secs. 21.31
and 21.914, the applicant may be included in the random selection
process set forth in Secs. 1.821, 1.822 and 1.824 of this chapter.
(b) Renewal applications shall not be included in a random selection
process.
(c) If Multipoint Distribution Service applicants enter into
settlements, the applicants in the settlement must be represented by one
application only and will not receive the cumulative number of chances
in the random selection process that the individual applicants would
have had if no settlement had been reached.
[58 FR 11798, Mar. 1, 1993, as amended at 61 FR 26674, May 28, 1996]
Sec. 21.34 [Reserved]
Sec. 21.35 Comparative evaluation of mutually exclusive applications.
(a) In order to expedite action on mutually exclusive applications
in services under this rules part where the competitive bidding process
or random selection process do not apply, the applicants may request the
Commission to consider their applications without a formal hearing in
accordance with the summary procedure outlined in paragraph (b) in this
section if:
(1) The applications are entitled to comparative consideration
pursuant to Sec. 21.31;
(2) The applications have not been designated for formal evidentiary
hearing; and
(3) The Commission determines, initially or at any time during the
procedure outlined in paragraph (b) of this section, that such procedure
is appropriate, and that, from the information submitted and
consideration of such other matters as may be officially noticed, there
are no substantial and material questions of fact presented (other than
those relating to the comparative merits of the applications) which
would preclude a grant under paragraphs (a) and (b) of Sec. 21.32.
(b) Provided that the conditions of paragraph (a) of this section
are satisfied, applicants may request the Commission to act upon their
mutually exclusive applications without a formal hearing pursuant to the
summary procedure outlined below:
(1) To initiate the procedure, each applicant will submit to the
Commission a written statement containing:
(i) A waiver of the applicant's right to a formal hearing;
(ii) A request and agreement that, in order to avoid the delay and
expense of a comparative formal hearing, the
[[Page 38]]
Commission should exercise its judgment to select from among the
mutually exclusive applications that proposal (or proposals) which would
best serve the public interest; and
(iii) The signature of a principal (and the principal's attorney if
represented).
(2) After receipt of the written requests of all of the applicants
the Commission (if it deems this procedure appropriate) will issue a
notice designating the comparative criteria upon which the applications
are to be evaluated and will request each applicant to submit, within a
specified period of time, additional information concerning the
applicant's proposal relative to the comparative criteria.
(3) Within thirty (30) days following the due date for filing this
information, the Commission will accept concise and factual argument on
the competing proposals from the rival applicants, potential customers,
and other knowledgeable parties in interest.
(4) Within fifteen (15) days following the due date for the filing
of comments, the Commission will accept concise and factual replies from
the rival applicants.
(5) From time to time during the course of this procedure the
Commission may request additional information from the applicants and
hold informal conferences at which all competing applicants shall have
the right to be represented.
(6) Upon evaluation of the applications, the information submitted,
and such other matters as may be officially noticed the Commission will
issue a decision granting one (or more) of the proposals which it
concludes would best serve the public interest, convenience and
necessity. The decision will report briefly and concisely the reasons
for the Commission's selection and will deny the other application(s).
This decision shall be considered final.
[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5994, Feb. 13, 1985; 52
FR 37780, Oct. 9, 1987; 60 FR 36552, July 17, 1995]
Secs. 21.36-21.37 [Reserved]
License Transfers, Modifications, Conditions and Forfeitures
Sec. 21.38 Assignment or transfer of station authorization.
(a) No station license, or any rights thereunder, shall be
transferred, assigned, or disposed of in any manner, voluntarily or
involuntarily, directly or indirectly, or by transfer of control of any
corporation or any other entity holding any such license, to any person
except upon application to the Commission and upon finding by the
Commission that the public interest, convenience and necessity will be
served thereby.
(b) For purposes of this section, transfers of control requiring
Commission approval shall include any and all transactions that:
(1) Change the party controlling the affairs of the licensee, or
(2) Affect any change in a controlling interest in the ownership of
the licensee, including changes in legal or equitable ownership, or
(c) Requests for transfer of control or assignment authority shall
be submitted on the application form prescribed by Sec. 21.11 of this
chapter, and shall be accompanied by the applicable showings required by
Secs. 21.13, 21.15, 21.17 and 21.39 of this chapter.
(d) The Commission shall be promptly notified in writing when a
licensee is voluntarily or involuntarily placed in bankruptcy or
receivership and when an individual licensee, a member of a partnership
which is a licensee, or a person directly or indirectly in control of a
corporation which is a licensee, dies or becomes legally disabled.
Within thirty days after the occurrence of such bankruptcy,
receivership, death or legal disability, an application of involuntary
assignment of such license, or involuntary transfer of control of such
corporation, shall be filed with the Commission, requesting assignment
or transfer to a successor legally qualified under the laws of the place
[[Page 39]]
having jurisdiction over the assets involved.
(e) The assignor of a station licensed under this part may retain no
right of reversion or reassignment of the license and may not reserve
the right to use the facilities of the station for any period
whatsoever. No assignment of license will be granted or authorized if
there is a contract or understanding, express or implied, pursuant to
which a right of reversion or reassignment of the license or right to
use the facilities are retained as partial or full consideration for the
assignment or transfer.
(f) No special temporary authority, or any rights thereunder, shall
be assigned or otherwise disposed of, directly or indirectly,
voluntarily or involuntarily, without prior Commission approval.
(g) An applicant for voluntary transfer of control or assignment
under this section where the subject license was acquired by the
transferor or assignor through a system of random selection shall,
together with its application for transfer of control or assignment,
file with the Commission the associated contracts for sale, option
agreements, management agreements, or other documents disclosing the
total consideration that the applicant would receive in return for the
transfer or assignment of its license. This information should include
not only a monetary purchase price, but also any future, contingent, in-
kind, or other consideration (e.g., management or consulting contracts
either with or without an option to purchase; below-market financing).
[52 FR 37780, Oct. 9, 1987, as amended at 54 FR 11953, Mar. 23, 1989; 59
FR 9101, Feb. 25, 1994]
Sec. 21.39 Considerations involving transfer or assignment applications.
(a) A Multipoint Distribution Service conditional license may not be
assigned or transferred prior to the completion of construction of the
facility and the timely filing of the certification of completion of
construction. However, consent to the assignment or transfer of control
of a Multipoint Distribution Service conditional license may be given
prior to the completion of construction and the timely filing of the
certification of completion of construction where:
(1) The assignment or transfer does not involve a substantial change
in ownership or control of the authorized Multipoint Distribution
Service facilities; or
(2) The assignment or transfer of control is involuntary due to the
licensee's bankruptcy, death, or legal disability.
(b) The Commission will review a proposed transaction to determine
if the circumstances indicate ``trafficking'' in licenses whenever
applications (except those involving pro forma assignment or transfer of
control) for consent to assignment of a license, or for transfer of
control of a licensee, involve facilities that were:
(1) Authorized following a comparative hearing and have been
operated less than one year, or;
(2) Involve facilities that have not been constructed, or;
(3) Involve facilities that were authorized following a random
selection proceeding in which the successful applicant received
preference and that have been operated for less than one year.
At its discretion, the Commission may require the submission of an
affirmative, factual showing (supported by affidavits of a person or
persons with personal knowledge thereof) to demonstrate that the
proposed assignor or transferor has not acquired an authorization or
operated a station for the principal purpose of profitable sale rather
than public service. This showing may include, for example, a
demonstration that the proposed assignment or transfer is due to changed
circumstances (described in detail) affecting the licensee subsequent to
the acquisition of the license, or that the proposed transfer of radio
facilities is incidental to a sale of other facilities or merger of
interests.
(c) If a proposed transfer of radio facilities is incidental to a
sale of other facilities or merger of interests, any showing requested
under paragraph (a) of this section shall include an additional exhibit
which:
(1) Discloses complete details as to the sale of facilities or
merger of interests;
[[Page 40]]
(2) Segregates clearly by an itemized accounting, the amount of
consideration involved in the sale of facilities or merger of interests;
and
(3) Demonstrates that the amount of consideration assignable to the
facilities or business interests involved represents their fair market
value at the time of the transaction.
(d) For the purposes of this section, the one year period is
calculated using the following dates (as appropriate):
(1) The initial date of grant of the license, excluding subsequent
modifications;
(2) The date of consummation of an assignment or transfer, if the
station is acquired as the result of an assignment of license, or
transfer of control of corporate licensee; or
(3) The median date of the applicable commencement dates (determined
pursuant to paragraphs (c) (1) and (2) of this section) if the
transaction involves two or more stations. (The median date is that date
so selected such that fifty percent of the commencement dates of the
total number of stations, when arranged in chronological order, lie
below it and fifty percent lie above it. When the number of stations is
an even number, the median date will be a value half way between the two
dates closest to the theoretical median).
[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 33900, July 26, 1983;
50 FR 5994, Feb. 13, 1985; 52 FR 27554, July 22, 1987. Redesignated and
amended at 52 FR 37780, Oct. 9, 1987; 58 FR 11798, Mar. 1, 1993; 61 FR
26674, May 28, 1996]
Sec. 21.40 Modification of station license.
(a) Except as provided in Secs. 21.41 and 21.42, no modification of
a license issued pursuant to this part (or the facilities described
thereunder) shall be made except upon application to the Commission and
upon finding by the Commission that:
(1) Such modification will promote the public interest, convenience
and necessity, or
(2) That the provisions of the Communications Act of 1934 or of any
treaty ratified by the United States will be more fully complied with if
such application is granted.
(b) No application for modification to extend a license construction
period will be granted for delays caused by lack of financing or for
lack of site availability. Applications for time extensions for other
reasons must include a verified statement from the application showing
that the licensee has made diligent efforts to construct the facilities
and:
(1) That additional time is required due to circumstances beyond the
applicant's control, in which case the applicant must describe such
circumstances and must set forth with specificity and justify the
precise extension period requested; or
(2) That there are unique and overriding public interest concerns
that justify such an extension, in which case the applicant must
identify such interests and must set forth and justify a precise
extension period.
(c) Notwithstanding the provisions of paragraph (b), when a station
license has been assigned or transferred pursuant to Sec. 21.38, any
extension of time will be limited so that the time left to construct
after Commission grant of the transfer or assignment will be no more
than the time remaining for construction at the date of the filing of
the application for transfer or assignment.
[52 FR 37780, Oct. 9, 1987]
Sec. 21.41 Special processing of applications for minor facility modifications.
(a) Unless an applicant is notified to the contrary by the
Commission, as of the twenty-first day following the date of public
notice, any application that meets the requirements of paragraph (b) of
this section and proposes only the change specified in paragraph (c) of
this section shall be deemed to have been authorized by the Commission.
(b) An application may be considered under the procedures of this
section only if:
(1) It is in the Multipoint Distribution Service;
(2) The cumulative effect of all such applications made within any
60 days period does not exceed the appropriate values prescribed by
paragraph (c) of this section;
(3) The facilities to be modified are not located within 56.3
kilometers (35
[[Page 41]]
miles) of the Canadian or Mexican border;
(4) It is acceptable for filing, is consistent with all of the
Commission's rules, and does not involve a waiver request;
(5) It specifically requests consideration pursuant to this section;
(6) Frequency notification procedures are complied with and a copy
of the application has been served on those who also were served under
Sec. 21.902; and
(7) In the Multipoint Distribution Service, the modified facility
would not produce a power flux density that exceeds -73 dBW/m\2\,
pursuant to Secs. 21.902 and 21.939 at locations on the boundaries of
protected service areas to which there is an unobstructed signal path.
(c) The modifications that may be authorized under the procedures of
this section are:
(1) Changes in a transmitter and existing transmitter operating
characteristics, or protective configuration of transmitter, provided
that:
(i) In the Multipoint Distribution Service, any increase in EIRP is
one and one-half dB or less over the previously-authorized power value;
or
(ii) The necessary bandwidth is not increased by more than 10% of
the previously authorized necessary bandwidth.
(2) Changes in the height of an antenna, provided that:
(i) In Multipoint Distribution Service, any increase in antenna
height is less than 3.0 meters above the previously authorized height;
and
(ii) The overall height of the antenna structure is not increased as
a result of the antenna extending above the height of the previously
authorized structure, except when the new height of the antenna
structure is 6.1 meters or less (above ground or man-made structure, as
appropriate) after the change is made.
(3) Change in the geographical coordinates of a transmit station by
ten seconds or less of latitude, longitude or both, provided that when
notice to the FAA of proposed construction is required by part 17 of
this chapter for antenna structure at the previously authorized
coordinates (or will be required at the new location) the applicant must
comply with the provisions of Sec. 21.15(d).
(d) Upon grant of an application under the procedure of this section
and at such time that construction begins, the applicant must keep a
complete copy of the application (including the filing date) with the
station license if construction is commenced prior to the receipt of the
authorization.
[52 FR 37780, Oct. 9, 1987, as amended at 55 FR 46009, Oct. 31, 1990; 58
FR 44894, Aug. 25, 1993; 60 FR 36552, July 17, 1995; 61 FR 4364, Feb. 6,
1996; 61 FR 26674, May 28, 1996]
Sec. 21.42 Certain modifications not requiring prior authorization.
(a) Equipment in an authorized radio station may be replaced without
prior authorization or notification if:
(1) The replacement equipment is identical (i.e., same manufacturer
and model number) with the replacement equipment; or
(2) The replacement transmitter, transmitting antenna, transmission
line loss and/or devices between the transmitter and antenna, or
combinations of the above, do not change the EIRP of a station in any
direction.
(b) Licensees of fixed stations in the Multipoint Distribution
Service may make the facility changes listed in paragraph (c) of this
section without obtaining prior Commission authorization, if:
(1) The Multipoint Distribution Service licensee serves a copy of
the notification described in paragraph (b)(3) of this section on those
who were served under Sec. 21.902, and
(2) The cumulative effect of all facility changes made within any 60
day period does not exceed the appropriate values prescribed by
paragraph (c) of this section, and
(3) The Commission is notified of changes made to facilities by the
submission of a completed FCC Form 494, or for the Multipoint
Distribution Service, and MDS long-form application, as applicable,
within thirty days after the changes are made.
(4) In the Multipoint Distribution Service, the modified facility
would not produce a power flux density at the protected service area
boundary that exceeds -73 dBW/m\2\, pursuant to Secs. 21.902 and 21.939.
[[Page 42]]
(c) Modifications that may be made without prior authorization under
paragraph (b) of this section are:
(1) Change or modification of a transmitter, when:
(i) The replacement or modified transmitter is certificated for use
under this part and is installed without modification from the
certificated configuration;
(ii) The type of modulation is not changed;
(iii) The frequency stability is equal to or better than the
previously authorized frequency stability; and
(iv) The necessary bandwidth and the output power do not exceed the
previously authorized values.
(2) Addition or deletion of a transmitter for protection without
changing the authorized power output (e.g. hot standby transmitters);
(3) Change to an antenna when the new antenna conforms with
Sec. 21.906 and the EIRP resulting from the new antenna does not exceed
that resulting from the previously authorized antenna by more than one
dB in any direction.
(4) Any technical changes that would decrease the effective radiated
power.
(5) Change to the height of an antenna, when:
(i) The new height (measured at the center-of-radiation) is within
1.5 meters (5 feet) of the previously authorized height; and
(ii) The overall height of the antenna structure is not increased as
a result of the antenna extending above the height of the previously
authorized structure, except when the new height of the antenna
structure is 6.1 meters (20 feet) or less (above ground or man-made
structure, as appropriate) after the change is made.
(6) Decreases in the overall height of an antenna structure,
provided that, when notice to the FAA of proposed construction was
required by part 17 of this chapter for the antenna structure at the
previously authorized height, the applicant must comply with the
provisions of Sec. 21.15 (d) and (e).
(7) Changes to the transmission line and other devices between the
transmitter and the antenna when the effective radiated power of the
station is not increased by more than one dB.
(d) Licensees may correct erroneous information on a license which
does not involve a major change (i.e., a change that would be classified
as a major amendment as defined by Sec. 21.23) without obtaining prior
Commission approval by filing a completed FCC Form 494, or for the
Multipoint Distribution Service licensees, by filing the MDS long-form
application.
[52 FR 37781, Oct. 9, 1987, as amended at 58 FR 44894, Aug. 25, 1993; 60
FR 36552, July 17, 1995; 60 FR 57366, Nov. 15, 1995; 61 FR 4364, Feb. 6,
1996; 61 FR 26674, May 28, 1996; 63 FR 36603, July 7, 1998; 63 FR 49870,
Sept. 18, 1998]
Effective Date Note: At 63 FR 36603, July 7, 1998,
Sec. 21.42(c)(1)(i) was amended by removing the term ``type-accepted''
and replacing it with ``certificated'', and by removing the term ``(or
type notified)'', effective Oct. 5, 1998.
Sec. 21.43 Period of construction; certification of completion of construction.
(a) Except for Multipoint Distribution Service station licenses
granted to BTA and PSA authorization holders, each license for a radio
station for the services included in this part shall specify as a
condition therein the period during which construction of facilities
will be completed and the station made ready for operation. Construction
may not commence until the grant of a license, and must be completed by
the date specified in the license as the termination date of the
construction period. Except as may be limited by Sec. 21.45(b) or
otherwise determined by the Commission for any particular application,
the maximum construction period for all stations licensed under this
part shall be a maximum of 12 months from the date of the license grant.
(b) Each license for a radio station for the services included in
this part shall also specify as a condition therein that upon the
completion of construction, each licensee must file with the Commission
a certification of completion of construction using FCC Form 494A,
certifying that the facilities as authorized have been completed and
that the station is now operational and ready to provide service to the
public, and will remain operational during the
[[Page 43]]
license period, unless the license is submitted for cancellation.
[52 FR 37782, Oct. 9, 1987, as amended at 60 FR 36552, July 17, 1995; 61
FR 26675, May 28, 1996]
Sec. 21.44 Forfeiture and termination of station authorization.
(a) A license shall be automatically forfeited in whole or in part
without further notice to the licensee upon:
(1) The expiration of the construction period specified therein,
where applicable, or after such additional time as may be authorized by
the Commission, unless within 5 days after that date certification of
completion of construction has been filed with the Commission pursuant
to Sec. 21.43;
(2) The expiration of the license period specified therein, unless
prior thereto an application for renewal of such license has been filed
with the Commission; or
(3) The voluntary removal or alteration of the facilities, so as to
render the station not operational for a period of 30 days or more.
(b) A license forfeited in whole or in part under the provisions of
paragraph (a)(1) or (a)(2) may be reinstated if the Commission, in its
discretion, determines that reinstatement would best serve the public
interest, convenience and necessity. Petitions for reinstatement filed
pursuant to this subsection will be considered only if:
(1) The petition is filed within 30 days of the expiration date set
forth in paragraph (a)(1) or (a)(2) of this section, whichever is
applicable;
(2) The petition explains the failure to timely file such
notification or application as would have prevented automatic
forfeiture; and
(3) The petition sets forth with specificity the procedures which
have been established to insure timely filings in the future.
(c) A special temporary authorization shall automatically terminate
upon the expiration date specified therein, or upon failure to comply
with any special terms or conditions set forth therein. Operation may be
extended beyond such termination date only after application and upon
specific authorization by the Commission.
[52 FR 37782, Oct. 9, 1987, as amended at 60 FR 36552, July 17, 1995]
Sec. 21.45 License period.
(a)(1) Licenses for stations in the Multipoint Distribution Service
will be issued for a period not to exceed 10 years, except that licenses
for developmental stations will be issued for a period not to exceed one
year. The expiration date of developmental licenses shall be one year
from the date of the grant thereof. Unless otherwise specified by the
Commission, the expiration of regular licenses shall be on the following
date in the year of expiration.
Multipoint Distribution Service--May 1.
(2) When a license is granted subsequent to the last renewal date of
the class of license involved, the license shall be issued only for the
unexpired period of the current license term of such class.
(b) The Commission reserves the right to grant or renew station
licenses in these services for a shorter period of time than that
generally prescribed for such stations if, in its judgment, public
interest, convenience, or necessity would be served by such action.
(c) Upon the expiration or termination of any station license, any
related conditional authorization, which bears a later expiration date,
shall be automatically terminated concurrently with the related station
license, unless it shall have been determined by the Commission that the
public interest, convenience or necessity would be served by continuing
in effect said conditional authorization.
[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981;
48 FR 27253, June 14, 1983; 61 FR 26675, May 28, 1996]
Sec. 21.50 Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from Domestic Public Fixed Radio Services to emerging technologies.
(a) Licensees proposing to implement services using emerging
technologies (ET Licensees) may negotiate with Domestic Public Fixed
Radio Service licensees (Existing Licensees) in these bands for the
purpose of agreeing to terms under which the Existing Licensees would
relocate their operations to other fixed microwave bands or to other
media, or alternatively, would accept a sharing arrangement with the
[[Page 44]]
ET Licensee that may result in an otherwise impermissible level of
interference to the existing licensee's operations. ET Licensees may
also negotiate agreements for relocation of the Existing Licensees'
facilities within the 2 GHz band in which all interested parties agree
to the relocation of the Existing Licensee's facilities elsewhere within
these bands. ``All interested parties'' includes the incumbent licensee,
the emerging technology provider or representative requesting and paying
for the relocation, and any emerging technology licensee of the spectrum
to which the incumbent's facilities are to be relocated.
(b) Domestic Public Fixed Radio licensees in bands allocated for
licensed emerging technology services will maintain primary status in
these bands until two years after the Commission commences acceptance of
applications for an emerging technology services, and until one year
after an emerging technology service licensee initiates negotiations for
relocation of the fixed microwave licensee's operations or, in bands
allocated for unlicensed emerging technology services, until one year
after an emerging technology unlicensed equipment supplier or
representative initiates negotiations for relocation of the fixed
microwave licensee's operations. When it is necessary for an emerging
technology provider or representative of unlicensed device manufacturers
to negotiate with a fixed microwave licensee with operations in spectrum
adjacent to that of the emerging technology provider, the transition
schedule of the entity requesting the move will apply.
(c) The Commission will amend the operating license of the fixed
microwave operator to secondary status only if the following
requirements are met:
(1) The service applicant, provider, licensee, or representative
using an emerging technology guarantees payment of all relocation costs,
including all engineering, equipment, site and FCC fees, as well as any
reasonable, additional costs that the relocated fixed microwave licensee
might incur as a result of operation in another fixed microwave band or
migration to another medium;
(2) The emerging technology service entity completes all activities
necessary for implementing the replacement facilities, including
engineering and cost analysis of the relocation procedure and, if radio
facilities are used, identifying and obtaining, on the incumbents'
behalf, new microwave frequencies and frequency coordination; and
(3) The emerging technology service entity builds the replacement
system and tests it for comparability with the existing 2 GHz system.
(d) The 2 GHz microwave licensee is not required to relocate until
the alternative facilities are available to it for a reasonable time to
make adjustments, determine comparability, and ensure a seamless
handoff.
(e) If within one year after the relocation to new facilities the 2
GHz microwave licensee demonstrates that the new facilities are not
comparable to the former facilities, the emerging technology service
entity must remedy the defects or pay to relocate the microwave licensee
back to its former or equivalent 2 GHz frequencies.
[58 FR 46549, Sept. 2, 1993, as amended at 59 FR 19645, Apr. 25, 1994]
Subpart C--Technical Standards
Sec. 21.100 Frequencies.
The frequencies available for use in the service covered by this
part are listed in subpart K. Assignment of frequencies will be made
only in such a manner as to facilitate the rendition of communication
service on an interference-free basis in each service area. Unless
otherwise indicated, each frequency available for use by stations in
this service will be assigned exclusively to a single applicant in any
service area. All applicants for, and licensees of, stations in this
service shall cooperate in the selection and use of the frequencies
assigned in order to minimize interference and thereby obtain the most
effective use of the authorized facilities. In the event harmful
interference occurs or appears likely to occur between two or more radio
systems and such interference cannot be resolved between the licensees
thereof, the Commission may, after notice and
[[Page 45]]
opportunity for hearing, require the licensees to make such changes in
operating techniques or equipment as it may deem necessary to avoid such
interference.
[61 FR 26675, May 28, 1996]
Sec. 21.101 Frequency tolerance.
(a) The carrier frequency of each transmitter authorized in these
services shall be maintained within the following percentage of the
reference frequency except as otherwise provided in paragraph (b) of
this section or in the applicable subpart of this part (unless otherwise
specified in the instrument of station authorization the reference
frequency shall be deemed to be the assigned frequency):
------------------------------------------------------------------------
Frequency
tolerance
Frequency range (MHz) for fixed
stations
(percent)
------------------------------------------------------------------------
2,150 to 2,162 \1\ \2\..................................... 0.001
2,596 to 2,680 \2\......................................... 0.005
------------------------------------------------------------------------
\1\ Beginning Aug. 9, 1975, this tolerance will govern the marketing of
equipment pursuant to Secs. 2.803 and 2.805 of this chapter and the
issuance of all authorizations for new radio equipment. Until that
date new equipment may be authorized with a frequency tolerance of
0.03 percent in the frequency range 2,200 to 10,500 MHz and equipment
so authorized may continue to be used for its life provided that it
does not cause interference to the operation of any other licensee.
Equipment authorized in the frequency range 2,450 to 10,500 MHz prior
to June 23, 1969, at a tolerance of 0.05 percent may continue to be
used until February 1, 1976 provided it does not cause interference to
the operation of any other licensee.
\2\ Beginning November 1, 1991, equipment authorized to be operated in
the frequency bands 2150-2162 MHz, 2596-2644 MHz, 2650-2656 MHz, 2662-
2668 MHz, and 2674-2680 MHz for use in the Multipoint Distribution
Service shall maintain a frequency tolerance within +1 KHz of the
assigned frequency.
(b) As an additional requirement in any band where the Commission
makes assignments according to a specified channel plan, provisions
shall be made to prevent the emission included within the occupied
bandwidth from radiating outside the assigned channel at a level greater
than that specified in Sec. 21.106.
[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981;
48 FR 50329, Nov. 1, 1983; 48 FR 50732, Nov. 3, 1983; 49 FR 37775, Sept.
26, 1984; 54 FR 10327, Mar. 13, 1989; 54 FR 24905, June 12, 1989; 55 FR
46009, Oct. 31, 1990; 56 FR 57816, Nov. 14, 1991; 61 FR 26675, May 28,
1996]
Secs. 21.102-21.104 [Reserved]
Sec. 21.105 Bandwidth.
Each authorization issued pursuant to these rules will show, as the
emission designator, a symbol representing the class of emission which
shall be prefixed by a number specifying the necessary bandwidth. This
figure does not necessarily indicate the bandwidth actually occupied by
the emission at any instant. In those cases where part 2 of this chapter
does not provide a formula for the computation of the necessary
bandwidth, the occupied bandwidth may be used in the emission
designator.
[49 FR 48700, Dec. 14, 1984]
Sec. 21.106 Emission limitations.
(a) The mean power of emissions shall be attenuated below the mean
output power of the transmitter in accordance with the following
schedule:
(1) When using transmissions other than those employing digital
modulation techniques:
(i) On any frequency removed from the assigned frequency by more
than 50 percent up to and including 100 percent of the authorized
bandwidth: At least 25 decibels;
(ii) On any frequency removed from the assigned frequency by more
than 100 percent up to and including 250 percent of the authorized
bandwidth: At least 35 decibels;
(iii) On any frequency removed from the assigned frequency by more
than 250 percent of the authorized bandwidth: At least 43+10 Log10
(mean output power in watts) decibels, or 80 decibels, whichever is the
lesser attenuation.
(2) When using transmissions employing digital modulation techniques
(see Sec. 21.122(b)) in situations other than those covered by paragraph
(a)(3) of this section:
(i) For operating frequencies below 15 GHz, in any 4 kHz band, the
center frequency of which is removed from the assigned frequency by more
than 50 percent up to and including 250 percent of the authorized
bandwidth: As specified by the following equation but in no event less
than 50 decibels.
[[Page 46]]
A=35+0.8(P;minus;50)+10 Log10 B. (Attenuation greater than 80
decibels is not required.)
where:
A=Attenuation (in decibels) below the mean output power level.
P=Percent removed from the carrier frequency.
B=Authorized bandwidth in MHz.
(ii) In any 4 kHz band, the center frequency of which is removed
from the assigned frequency by more than 250 percent of the authorized
bandwidth: At least 43+10 Log10 (mean output power in watts)
decibels, or 80 decibels, whichever is the lesser attenuation.
(b) When an emission outside of the authorized bandwidth causes
harmful interference, the Commission may, at its discretion, require
greater attenuation than specified in paragraph (a) of this section.
[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981;
52 FR 23550, June 23, 1987; 61 FR 26675, May 28, 1996]
Sec. 21.107 Transmitter power.
(a) The power which a station will be permitted to use in these
services will be the minimum required for satisfactory technical
operation commensurate with the size of the area to be served and local
conditions which affect radio transmission and reception. In cases of
harmful interference, the Commission may, after notice and opportunity
for hearing, order a change in the effective radiated power of a
station.
(b) The EIRP of a transmitter station employed in this radio service
shall not exceed the values shown in the following tabulation:
------------------------------------------------------------------------
Maximum
allowable
EIRP for a
Frequency range (MHz) fixed
station
(Watts)
------------------------------------------------------------------------
2,150 to 2,162............................................. \1\ 2000
2,596 to 2,680............................................. \1\ 2000
------------------------------------------------------------------------
\1\ When a Multipoint Distribution Service station uses a non-
omnidirectional antenna EIRP up to 7943 Watts may be authorized
pursuant to Sec. 21.904(b) of this Part.
[44 FR 60534, Oct. 19, 1979, as amended at 49 FR 37775, Sept. 26, 1984;
52 FR 7140, Mar. 9, 1987; 52 FR 37783, Oct. 9, 1987; 54 FR 10328, Mar.
13, 1989; 54 FR 24905, June 12, 1989; 55 FR 46009, Oct. 31, 1990; 56 FR
57816, Nov. 14, 1991; 58 FR 49224, Sept. 22, 1993; 61 FR 26675, May 28,
1996]
Sec. 21.108 [Reserved]
Sec. 21.109 Antenna and antenna structures.
(a) In the event harmful interference is caused to the operation of
other stations, the Commission may, after notice and opportunity for
hearing, order changes to be made in the height, orientation, gain and
radiation pattern of the antenna system.
(b) The Commission may require the replacement, at the licensee's
expense, of any antenna system of a permanent fixed station operating at
2500 MHz or higher upon a showing that said antenna causes or is likely
to cause interference to any other authorized or proposed station.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987; 61
FR 26675, May 28, 1996]
Sec. 21.110 Antenna polarization.
Stations operating in the radio services included in this part are
not limited as to the type of polarization of the radiated signal,
provided, however, that in the event interference in excess of
permissible levels is caused to the operation of other stations the
Commission may, after notice and opportunity for hearing, order the
licensee to change the polarization of the radiated signal. No change in
polarization shall be made without prior authorization from the
Commission.
[52 FR 37783, Oct. 9, 1987]
Sec. 21.111 Use of common antenna structure.
The simultaneous use of a common antenna structure by more than one
station authorized under this part, or by one or more stations of any
other service may be authorized. The owner, however, of each antenna
structure required to be painted and/or illuminated under the provisions
of Section 303(q) of the Communications Act of 1934, as amended, shall
install and maintain
[[Page 47]]
the antenna structure painting and lighting in accordance with part 17
of this chapter. In the event of default by the owner, each licensee or
permittee shall be individually responsible for conforming to the
requirements pertaining to antenna structure painting and lighting.
[61 FR 4365, Feb. 6, 1996]
Sec. 21.112 Marking of antenna structures.
No owner, conditional licensee, or licensee of an antenna structure
for which obstruction marking or lighting is required and for which an
antenna structure registration number has been obtained, shall
discontinue the required painting or lighting without having obtained
prior written authorization therefor from the Commission. (For complete
regulations relative to antenna marking requirements, see part 17 of
this chapter.)
[61 FR 4365, Feb. 6, 1996]
Sec. 21.113 Quiet zones and Arecibo Coordination Zone.
Quiet zones are those areas where it is necessary to restrict
radiation so as to minimize possible impact on the operations of radio
astronomy or other facilities that are highly sensitive to radio
frequency interference. The areas involved and procedures required are
as follows:
(a) In order to minimize possible harmful interference at the
National Radio Astronomy Observatory site located at Green Bank,
Pocahontas County, West Virginia, and at the Naval Radio Research
Observatory site at Sugar Grove, Pendleton County, West Virginia, any
applicant for a station authorization other than mobile, temporary base,
or temporary fixed seeking authorization for a new station or to modify
an existing station in a manner which would change either the frequency,
power, antenna height or directivity, or location of such a station
within the area bounded by 39 deg.15' N. on the north, 78 deg.30' W. on
the east, 37 deg.30' N. on the south, and 80 deg.30' W. on the west
shall, at the time of filing such application with the Commission,
simultaneously notify the Director, National Radio Astronomy
Observatory, Post Office Box No. 2, Green Bank, West Virginia 24944, in
writing, of the technical particulars of the proposed operation. Such
notification shall include the geographical coordinates of the antenna,
antenna height, antenna directivity (if any), proposed frequency, type
of emission, and power. In addition, the applicant shall indicate in his
application to the Commission the date notification was made to the
Observatory. After receipt of such applications, the Commission will
allow a period of twenty (20) days for comments or objections in
response to the notifications indicated. If an objection to the proposed
operation is received during the 20-day period from the National Radio
Astronomy Observatory for itself or on behalf of the Naval Radio
Research Observatory, the Commission will consider all aspects of the
problem and take whatever action is deemed appropriate.
(b) In order to minimize possible harmful interference at the Table
Mountain Radio Receiving Zone of the Research Laboratories of the
Department of Commerce located in Boulder County, Colorado, applicants
for new or modified radio facilities in the vicinity of Boulder County,
Colorado are advised to give due consideration prior to filing
applications, to the need to protect the Table Mountain Radio Receiving
Zone from harmful interference. To prevent degradation of this present
ambient radio signal level at the site, the Department of Commerce seeks
to ensure that the field strengths of any radiated signals (excluding
reflected signals) received on this 728.4 hectare (1800 acre) site (in
the vicinity of coordinates 40 deg. 07' 50" N Latitude, 105 deg. 15' 40"
W Longitude) resulting from new assignments (other than mobile stations)
or from the modification or relocation of existing facilities do not
exceed the following values:
------------------------------------------------------------------------
Field Power flux
strength density \1\
(mV/m) in (dbW/m2) in
Frequency range authorized authorized
bandwidth bandwidth
of service of service
------------------------------------------------------------------------
Below 540 kHz.................................. 10 -65.8
540 to 1600 kHz................................ 20 -59.8
1.6 to 470 MHz................................. 10 \2\ -65.8
470 to 890 MHz................................. 30 \2\ -54.2
[[Page 48]]
Above 890 MHz.................................. 1 \2\ -85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are calculated assuming free
space characteristic impedance of 376.7=120 ohms.
\2\ Space stations shall conform to the power flux density limits at the
earth's surface specified in appropriate parts of the FCC rules, but
in no case should exceed the above levels in any 4 kHz band for all
angles of arrival.
(1) Advance consultation is recommended particularly for those
applicants who have no reliable data which indicates whether the field
strength or power flux density figures in the above table would be
exceeded by their proposed radio facilities (except mobile stations). In
such instances, the following is a suggested guide for determining
whether coordination is recommended:
(i) All stations within 2.4. kilometers (1.5 miles);
(ii) Stations within 4.8 kilometers (3 miles) with 50 watts or more
average effective radiated power (ERP) in the primary plane of
polarization in the azimuthal direction of the Table Mountain Radio
Receiving Zone;
(iii) Stations within 16.1 kilometers (10 miles) with 1 kW or more
average ERP in the primary plane of polarization in the azimuthal
direction of Table Mountain Receiving Zone;
(iv) Stations within 80.5 kilometers (50 miles) with 25 kW or more
average ERP in the primary plane of polarization in the azimuthal
direction of Table Mountain Receiving Zone.
(2) Applicants concerned are urged to communicate with the Radio
Frequency Management Coordinator, Department of Commerce, Research
Support Services, NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303;
telephone (303) 497-6548, in advance of filling their applications with
the Commission.
(3) The Commission will not screen applications to determine whether
advance consultation has taken place. However, applicants are advised
that such consultation can avoid objections from the Department of
Commerce or proceedings to modify any authorization which may be granted
which, in fact, delivers a signal at the site in excess of the field
strength specified herein.
(c) Protection for Federal Communications Commission monitoring
stations:
(1) Applicants in the vicinity of an FCC monitoring station for a
radio station authorization to operate new transmitting facilities or
changed transmitting facilities which would increase the field strength
produced over the monitoring station over that previously authorized are
advised to give consideration, prior to filing applications, to the
possible need to protect the FCC stations from harmful interference.
Geographical coordinates of the facilities which require protection are
listed in Sec. 0.121(c) of the Commission's Rules. Applications for
stations (except mobile stations) which will produce on any frequency a
direct wave fundamental field strength of greater than 10 mV/m in the
authorized bandwidth of service (-65.8 dBW/m2 power flux
density assuming a free space characteristic impedance of 120 ohms) at
the referenced coordinates, may be examined to determine extent of
possible interference. Depending on the theoretical field strength value
and existing root-sum-square or other ambient radio field signal levels
at the indicated coordinates, a clause protecting the monitoring station
may be added to the station authorization.
(2) In the event that calculated value of expected field exceeds 10
mV/m (-65.8 dBW/m2) at the reference coordinates, or if there
is any question whether field strength levels might exceed the threshold
value, advance consultation with the FCC to discuss any protection
necessary should be considered. Prospective applicants may communicate
with: Chief, Compliance and Information Bureau, Federal Communications
Commission, Washington, DC 20554, Telephone (202) 632-6980.
(3) Advance consultation is suggested particularly for those
applicants who have no reliable data which indicates whether the field
strength or power flux density figure indicated would be exceeded by
their proposed radio facilities (except mobile stations). In such
instances, the following is a suggested
[[Page 49]]
guide for determining whether an applicant should coordinate:
(i) All stations within 2.4 kilometers (1.5 statute miles);
(ii) Stations within 4.8 kilometers (3 statute miles) with 50 watts
or more average effective radiated power (ERP) in the primary plane of
polarization in the azimuthal direction of the Monitoring Stations.
(iii) Stations within 16.1 kilometers (10 miles) with 1 kW or more
average ERP in the primary plane of polarization in the azimuthal
direction of the Monitoring Station.
(iv) Stations within 80.5 kilometers (50 miles) with 25 kW or more
average ERP in the primary plane of polarization in the azimuthal
direction of the Monitoring Station.
(4) Advance coordination for stations operating above 1000 MHz is
recommended only where the proposed station is in the vicinity of a
monitoring station designated as a satellite monitoring facility in
Sec. 0.121(c) of the Commission's Rules and also meets the criteria
outlined in paragraphs (c) (2) and (3) of this section.
(5) The Commission will not screen applications to determine whether
advance consultation has taken place. However, applicants are advised
that such consultation can avoid objections from the Federal
Communications Commission or modification of any authorization which
will cause harmful interference.
(d) Any applicant for a new permanent base or fixed station to be
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and
Culebra, or for a modification of an existing authorization which would
change the frequency, power, antenna height, directivity, or location of
a station on these islands and would increase the likelihood of the
authorized facility causing interference, shall notify the Interference
Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico
00613, in writing or electronically, of the technical parameters of the
proposal. Applicants may wish to consult interference guidelines, which
will be provided by Cornell University. Applicants who choose to
transmit information electronically should e-mail to: prcz@naic.edu
(1) The notification to the Interference Office, Arecibo Observatory
shall be made prior to, or simultaneously with, the filing of the
application with the Commission. The notification shall state the
geographical coordinates of the antenna (NAD-83 datum), antenna height
above ground, ground elevation at the antenna, antenna directivity and
gain, proposed frequency and FCC Rule Part, type of emission, effective
radiated power, and whether the proposed use is itinerant. Generally,
submission of the information in the technical portion of the FCC
license application is adequate notification. In addition, the applicant
shall indicate in its application to the Commission the date
notification was made to the Arecibo Observatory.
(2) After receipt of such applications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections
in response to the notification indicated. The applicant will be
required to make reasonable efforts in order to resolve or mitigate any
potential interference problem with the Arecibo Observatory and to file
either an amendment to the application or a modification application, as
appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
(3) The provisions of this paragraph do not apply to operations that
transmit on frequencies above 15 GHz.
[44 FR 60534, Oct. 19, 1979, as amended at 44 FR 77167, Dec. 31, 1979;
50 FR 39001, Sept. 26, 1985; 52 FR 37783, Oct. 9, 1987; 58 FR 44894,
Aug. 25, 1993; 61 FR 8477, Mar. 5, 1996; 62 FR 55530, Oct. 27, 1997]
Secs. 21.114-21.115 [Reserved]
Sec. 21.116 Topographical data.
Determining the location and height above sea level of the antenna
site, the elevation or contour intervals shall be taken from United
States Geological Survey Topographic Quadrangle Maps, United States Army
Corps of Engineers maps or Tennessee Valley Authority maps, whichever is
the latest, for all areas for which such maps are available. If such
maps are not published for
[[Page 50]]
the area in question, the next best topographic information should be
used. Topographic data may sometimes be obtained from State and
municipal agencies. Data from Sectional Aeronautical Charts (including
bench marks) or railroad depot elevations and highway elevations from
road maps may be used where no better information is available. In cases
where limited topographic data is available, use may be made of an
altimeter in a car driven along roads extending generally radially from
the transmitter site. If it appears necessary, additional data may be
requested. United States Geological Survey Topographic Quadrangle Maps
may be obtained from the Department of the Interior, Geological Survey,
Washington, DC 20242. Sectional Aeronautical Charts are available from
the Department of Commerce, Coast and Geodetic Survey, Washington, DC
20230.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]
Sec. 21.117 Transmitter location.
(a) The applicant shall determine, prior to filing an application
for a radio station authorization, that the antenna site specified
therein is adequate to render the service proposed. In cases of
questionable antenna locations, it is desirable to conduct propagation
tests to indicate the field intensity which may be expected in the
principal areas or at the fixed points of communication to be served,
particularly where severe shadow problems may be expected. In
considering applications proposing the use of such locations, the
Commission may require site survey tests to be made pursuant to a
developmental authorization in the particular service concerned. In such
cases, propagation tests should be conducted in accordance with
recognized engineering methods and should be made with a transmitting
antenna simulating, as near as possible, the proposed antenna
installation. Full data obtained from such surveys and its analysis,
including a description of the methods used and the name, address and
qualifications of the engineer making the survey, must be supplied to
the Commission.
(b) The owner of the antenna structure should locate and construct
such structure as to avoid making them hazardous to air navigation. (See
part 17 of this chapter for provisions relating to antenna structures.)
Such installation shall be maintained in good structural condition
together with any required painting or lighting.
[44 FR 60534, Oct. 19, 1979, as amended at 61 FR 4365, Feb. 6, 1996]
Sec. 21.118 Transmitter construction and installation.
(a) The equipment at the operating and transmitting positions shall
be so installed and protected that it is not accessible to, or capable
of being operated by, persons other than those duly authorized by the
licensee.
(b) In any case where the maximum modulating frequency of a
transmitter is prescribed by the Commission, the transmitter shall be
equipped with a low-pass or band-pass modulation filter of suitable
performance characteristics. In those cases where a modulation limiter
is employed, the modulation filter shall be installed between the
transmitter stage in which limiting is effected and the modulated stage
of the transmitter.
(c) Each transmitter employed in these services shall be equipped
with an appropriately labeled pilot lamp or meter which will provide
continuous visual indication at the transmitter when its control
circuits have been placed in a condition to activate the transmitter. In
addition, facilities shall be provided at each transmitter to permit the
transmitter to be turned on and off independently of any remote control
circuits associated therewith.
(d) [Reserved]
(e) At each transmitter control point the following facilities shall
be installed:
(1) A carrier operated device which will provide continuous visual
indication when the transmitter is radiating, or, in lieu thereof, a
pilot lamp or meter which will provide continuous visual indication when
the transmitter control circuits have been placed in a condition to
activate the transmitter.
(2) Facilities which will permit the operator to turn transmitter
carrier on and off at will.
[[Page 51]]
(f) Transmitter control circuits from any control point shall be so
installed that grounding or shorting any line in the control circuit
will not cause the transmitter to radiate: Provided, however, That this
provision shall not be applicable to control circuits of stations which
normally operate with continuous radiation or to control circuits which
are under the effective operational control of responsible operating
personnel 24 hours per day.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]
Sec. 21.119 [Reserved]
Sec. 21.120 Authorization of transmitters.
(a) Except for transmitters used at developmental stations, each
transmitter shall be a type which has been certificated by the
Commission for use under the applicable rules of this part.
(b) Any manufacturer of a transmitter to be produced for use under
the rules of this part may request certification by following the
applicable procedures set forth in part 2 of this chapter. Type accepted
and notified transmitters are included in the Commission's Radio
Equipment List.
(c) Certification for an individual transmitter may also be
requested by an applicant for a station authorization, pursuant to the
procedures set forth in part 2 of this chapter.
[44 FR 60534, Oct. 19, 1979, as amended at 49 FR 3999, Feb. 1, 1984; 50
FR 7340, Feb. 22, 1985; 58 FR 49226, Sept. 22, 1993; 59 FR 19645, Apr.
25, 1994; 61 FR 26676, May 28, 1996; 63 FR 36603, July 7, 1998]
Effective Date Note: At 63 FR 36603, July 7, 1998, Sec. 21.120 was
amended by removing from paragraph (a) the term ``type accepted'' and
replacing it with ``certificated''; by removing from paragraphs (b) and
(c) the term ``type acceptance or notification'' and replacing it with
``certification''; and by removing the last sentence from both
paragraphs (b) and (c), effective Oct. 5, 1998. For the convenience of
the user, the superseded text is set forth as follows:
Sec. 21.120 Authorization of transmitters.
* * * * *
(b) * * * Copies of this list are available for inspection at the
Commission's office in Washington, DC and at each of its field offices.
(c) * * * An individual transmitter will not normally be included in
the Radio Equipment List but will be enumerated on the station
authorization.
Sec. 21.121 [Reserved]
Sec. 21.122 Microwave digital modulation.
(a) Microwave transmitters employing digital modulation techniques
and operating below 15 GHz shall, with appropriate multiplex equipment,
comply with the following additional requirement: The bit rate, in bits
per second, shall be equal to or greater than the bandwidth specified by
the emission designator in Hertz (e.g., to be acceptable, equipment
transmitting at a 6 Mb/s rate must not require a bandwidth of greater
than 6 MHz), except the bandwidth used to calculate the minimum rate
shall not include any authorized guard band.
(b) For purposes of compliance with the emission limitation
requirements of Sec. 21.106(a)(2) of this part and the requirements of
paragraph (a) of this section, digital modulation techniques are
considered as being employed when digital modulation contributes 50
percent or more to the total peak frequency deviation of a transmitted
radio frequency carrier. The total peak frequency deviation shall be
determined by adding the deviation produced by the digital modulation
signal and the deviation produced by any frequency division multiplex
(FDM) modulation used. The deviation (D) produced by the FDM signal
shall be determined in accordance with Sec. 2.202(f) of part 2 of this
chapter.
(c) Transmitters employing digital modulation techniques shall
effectively eliminate carrier spikes or single frequency tones in the
output signal to the degree which would be obtained without repetitive
patterns occurring in the signal.
[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23451, Apr. 27, 1981;
49 FR 37775, Sept. 26, 1984; 58 FR 49226, Sept. 22, 1993; 61 FR 26676,
May 28, 1996]
Subpart D--Technical Operation
Sec. 21.200 Station inspection.
The licensee of each station authorized in the radio services
included in
[[Page 52]]
this part shall make the station available for inspection by
representatives of the Commission at any reasonable hour.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]
Sec. 21.201 Posting of station authorization information.
Each licensee shall post at the station the name, address and
telephone number of the custodian of the station license or other
authorization if such license or authorization is not maintained at the
station.
[52 FR 37784, Oct. 9, 1987]
Secs. 21.202--21.208 [Reserved]
Sec. 21.209 Communications concerning safety of life and property.
(a) Handling and transmission of messages concerning the safety of
life or property which is in imminent danger shall be afforded priority
over other messages.
(b) No person shall knowingly cause to be transmitted any false or
fraudulent message concerning the safety of life or property, or refuse
upon demand immediately to relinquish the use of a radio circuit to
enable the transmission of messages concerning the safety of life or
property which is in imminent danger, or knowingly interfere or
otherwise obstruct the transmission of such messages.
Sec. 21.210 Operation during emergency.
The licensee of any station in these services may, during a period
of emergency in which normal communication facilities are disrupted as a
result of hurricane, flood, earthquake, or similar disaster, utilize
such station for emergency communication service in a manner other than
that specified in the instrument of authorization: Provided, That (a)
That as soon as possible after the beginning of such emergency use,
notice be sent to the Commission at Washington, D.C. stating the nature
of the emergency and the use to which the station is being put, and (b)
that the emergency use of the station shall be discontinued as soon as
substantially normal communication facilities are again available, and
(c) that the Commission at Washington, D.C. shall be notified
immediately when such special use of the station is terminated, and (d)
that, in no event, shall any station engage in emergency transmission on
frequencies other than, or with power in excess of, that specified in
the instrument of authorization or as otherwise expressly provided by
the Commission, or by law, and (e) that the Commission may, at any time,
order the discontinuance of any such emergency communication.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]
Sec. 21.211 Suspension of transmission.
Transmission shall be suspended immediately upon detection by the
station or operator licensee or upon notification by the Commission of a
deviation from the technical requirements of the station authorization
and shall remain suspended until such deviation is corrected, except for
transmission concerning the immediate safety of life or property, in
which case transmission shall be suspended immediately after the
emergency is terminated.
Subpart E--Miscellaneous
Sec. 21.300 [Reserved]
Sec. 21.301 National defense; free service.
Any common carrier or Multipoint Distribution Service non-common
carrier authorized under the rules of this part may render to any agency
of the United States Government free service in connection with the
preparation for the national defense. Every such carrier or Multipoint
Distribution Service non-common carrier rendering any such free service
shall make and file, in duplicate, with the Commission, on or before the
31st of July and on or before the 31st day of January in each year,
reports covering the periods of 6 months ending on the 30th of June and
the 31st of December, respectively, next prior to said dates. These
reports shall show the names of the agencies to which free service was
rendered pursuant to this rule, the general character of the
communications handled for each agency, and the charges in dollars which
would have accrued to the carrier or Multipoint Distribution Service
non-common carrier for such service
[[Page 53]]
rendered to each agency if charges for such communications had been
collected at the published tariff rates.
[52 FR 27555, July 22, 1987]
Sec. 21.302 Answers to notices of violation.
Any person receiving official notice of a violation of the terms of
the Communications Act of 1934, as amended, any other Federal statute or
Executive Order pertaining to radio or wire communications or any
international radio or wire communications treaty or convention, or
regulations annexed thereto to which the United States is a party, or
the rules and regulations of the Federal Communications Commission,
shall, within 10 days from such receipt, send a written answer to the
office of the Commission originating the official notice. If an answer
cannot be sent or an acknowledgment made within such 10-day period by
reason of illness or other unavoidable circumstances, acknowledgment and
answer shall be made at the earliest practicable date with a
satisfactory explanation of the delay. The answer to each notice shall
be complete in itself and shall not be abbreviated by reference to other
communications or answers to other notices. If the notice relates to
some violation that may be due to the physical or electrical
characteristics of transmitting apparatus, the answer shall state fully
what steps have been taken to prevent future violations, and, if any new
apparatus is to be installed, the date such apparatus was ordered, the
name of the manufacturer, and promised date of delivery. If the
installation of such apparatus requires a construction permit, the file
number of the application shall be given or, if a file number has not
been assigned by the Commission, such identification as will permit
ready reference thereto. If the notice of violation relates to
inadequate maintenance resulting in improper operation of the
transmitter, the name and license number of the operator performing the
maintenance shall be given. If the notice of violation relates to some
lack of attention to, or improper operation of, the transmitter by other
employees, the reply shall set forth the steps taken to prevent a
recurrence of such lack of attention or improper operation.
Sec. 21.303 Discontinuance, reduction or impairment of service.
(a) If the public communication service provided by a station
subject to this rule part is involuntarily discontinued, reduced or
impaired for a period exceeding 48 hours, the station licensee shall
promptly give notification thereof in writing to the Mass Media Bureau
at Washington, DC 20554. In every such case, the licensee shall furnish
full particulars as to the reasons for such discontinuance, reduction or
impairment of service, including a statement as to when normal service
is expected to be resumed. When normal service is resumed, prompt
notification thereof shall be given in writing to the Mass Media Bureau
at Washington, DC 20554.
(b) No station licensee subject to title II of the Communications
Act of 1934, as amended, shall voluntarily discontinue, reduce or impair
public communication service to a community or part of a community
without obtaining prior authorization from the Commission pursuant to
the procedures set forth in part 63 of this chapter or complying with
the requirements set forth at Sec. 21.910. In the event that permanent
discontinuance of service is authorized by the Commission, the station
licensee shall promptly send the station license for cancellation to the
Mass Media Bureau at Washington, DC 20554, except that station licenses
need not be surrendered for cancellation if the discontinuance is a
result of a change of status by a Multipoint Distribution Service
licensee from common carrier to non-common carrier pursuant to
Sec. 21.910.
(c) Any station licensee, not subject to title II of the
Communications Act of 1934, as amended, who voluntarily discontinues,
reduces or impairs public communication service to a community or a part
of a community shall give written notification to the Commission within
7 days thereof. In the event of permanent discontinuance of service, the
station licensee shall promptly send the station license for
cancellation to the Mass Media Bureau at Washington, DC 20554, except
that
[[Page 54]]
Multipoint Distribution Service station licenses need not be surrendered
for cancellation if the discontinuance is a result of a change of status
by a Multipoint Distribution Service licensee from non-common carrier to
common carrier.
(d) If any radio frequency should not be used to render any service
as authorized during a consecutive period of twelve months at any time
after construction is completed and a certification of completion of
construction has been filed, under circumstances that do not fall within
the provisions of paragraph (a), (b) or (c) of this section, or, if
removal of equipment or facilities has rendered the station not
operational, the licensee shall, within thirty days of the end of such
period of nonuse:
(1) Submit for cancellation the station license (or licenses) to the
Commission at Washington, DC 20554.
(2) File an application for modification of the license (or
licenses) to delete the unused frequency (or frequencies); or
(3) Request waiver of this rule and demonstrate either that the
frequency will be used (as evidenced by appropriate requests for
service, etc.) within six months of the end of the initial period of
nonuse, or that the frequency will be converted to allow rendition of
other authorized public services within one year of the end of the
initial period of nonuse by the filing of appropriate applications
within six months of the end of the period of nonuse.
If any frequency authorization is cancelled under this paragraph, the
Commission will declare by public notice the frequency (or frequencies)
vacated.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27555, July 22, 1987;
52 FR 37784, Oct. 9, 1987; 58 FR 19774, Apr. 16, 1993; 61 FR 26676, May
28, 1996]
Sec. 21.304 Tariffs, reports, and other material required to be submitted to the Commission.
Sections 1.771 through 1.815 of this chapter contain summaries of
certain materials and reports, including schedule of charges and
accounting and financial reports, which, when applicable, must be filed
with the Commission.
[52 FR 37784, Oct. 9, 1987]
Sec. 21.305 Reports required concerning amendments to charters and partnership agreements.
Any amendments to charters, articles of incorporation or
association, or partnership agreements shall promptly be filed at the
Commission's main office in Washington, DC. Such filing shall be
directed to the attention of the Chief, Common Carrier Bureau.
Sec. 21.306 Requirement that licensees respond to official communications.
All licensees in these services are required to respond to official
communications from the Commission with reasonable dispatch and
according to the tenor of such communications. Failure to do so will be
given appropriate consideration in connection with any subsequent
applications which the offending party may file and may result in the
designation of such applications for hearing, or in appropriate cases,
the institution of proceedings looking to the modification or revocation
of the pertinent authorizations.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]
Sec. 21.307 Equal employment opportunities.
(a) General policy. Equal opportunities in employment must be
afforded by all common carrier and Multipoint Distribution Service non-
common carrier licensees or conditional licensees to all qualified
persons, and no personnel shall be discriminated against in employment
because of sex, race, color, religion, or national origin.
(b) Equal employment opportunity program. Each licensee or
conditional licensee must establish, maintain, and carry out, a positive
continuing program of specific practices designed to assure equal
opportunity in every aspect of employment policy and practice. Under the
terms of its program, a licensee or conditional licensee must:
(1) Define the responsibility of each level of management to insure
a positive application and vigorous enforcement of the policy of equal
opportunity, and establish a procedure to review and control managerial
and supervisory performance.
(2) Inform its employees and recognized employee organizations of
the
[[Page 55]]
positive equal employment opportunity policy and program and enlist
their cooperation.
(3) Communicate its equal employment opportunity policy and program
and its employment needs to sources of qualified applicants without
regard to sex, race, color, religion, or national origin, and solicit
their recruitment assistance on a continuing basis.
(4) Conduct a continuing campaign to exclude every form of prejudice
or discrimination based upon sex, race, color, religion, or national
origin, from the licensee's or conditional licensee's personnel policies
and practices and working conditions.
(5) Conduct a continuing review of job structure and employment
practices and adopt positive recruitment, training, job design and other
measures needed in order to insure genuine equality of opportunity to
participate fully in all organizational units, occupations and levels of
responsibility.
(c) Additional information to be furnished to the Commission. (1)
Equal Employment Programs to be filed by common carrier and Multipoint
Distribution Service non-common carrier licensees and conditional
licensees:
(i) All licensees or conditional licensees must file a statement of
their equal employment opportunity program not later than December 17,
1970, indicating specific practices to be followed in order to assure
equal employment opportunity on the basis of sex, race, color, religion,
or national origin in such aspects of employment practices as regards
recruitment, selection, training, placement, promotion, pay, working
conditions, demotion, layoff and termination.
(A) Any changes or amendments to existing programs should be filed
with the Commission on April 1 of each year thereafter.
(B) If a licensee or conditional licensee has fewer than 16 full-
time employees, no such statement need be filed.
(2) The program should reasonably address itself to such specific
areas as set forth below, to the extent that they are appropriate in
terms of licensee size, location, etc.
(i) To assure nondiscrimination in recruiting. (A) Posting notices
in the licensee's or conditional licensee's offices informing applicants
for employment of their equal employment rights and their right to
notify the Equal Employment Opportunity Commission, the Federal
Communications Commission, or other appropriate agency. Where a
substantial number of applicants are Spanish-surnamed Americans such
notice should be posted in Spanish and English.
(B) Placing a notice in bold type on the employment application
informing prospective employees that discrimination because of sex,
race, color, religion, or national origin is prohibited and that they
may notify the Equal Employment Opportunity Commission, the Federal
Communications Commission or other appropriate agency if they believe
they have been discriminated against.
(C) Placing employment advertisements in media which have
significant circulation among minority-group people in the recruiting
area.
(D) Recruiting through schools and colleges with significant
minority group enrollments.
(E) Maintaining systematic contacts with minority and human
relations organizations, leaders, and spoksmen to encourage referral of
qualified minority or female applicants.
(F) Encouraging present employees to refer minority or female
applicants.
(G) Making known to the appropriate recruitment sources in the
employer's immediate area that qualified minority members are being
sought for consideration whenever the licensee or conditional licensee
hires.
(ii) To assure nondiscrimination in selection and hiring. (A)
Instructing personally those on the staff of the licensee or conditional
licensee who make hiring decisions that all applicants for all jobs are
to be considered without discrimination.
(B) Where union agreements exist, cooperating with the union or
unions in the development of programs to assure qualified minority
persons or females of equal opportunity for employment, and including an
effective nondiscrimination clause in new or renegotiated union
agreements.
(C) Avoiding use of selection techniques or tests which have the
effect of
[[Page 56]]
discriminating against minority groups or females.
(iii) To assure nondiscriminatory placement and promotions. (A)
Instructing personally those of the licensee's or conditional licensee's
staff who make decisions on placement and promotion that minority
employees and females are to be considered without discrimination, and
that job areas in which there is little or no minority or female
representation should be reviewed to determine whether this results from
discrimination.
(B) Giving minority groups and female employees equal opportunity
for positions which lead to higher positions. Inquiring as to the
interest and skills of all lower-paid employees with respect to any of
the higher-paid positions, followed by assistance, counseling, and
effective measures to enable employees with interest and potential to
qualify themselves for such positions.
(C) Reviewing seniority practices to insure that such practices are
nondiscriminatory and do not have a discriminatory effect.
(D) Avoiding use of selection techniques or tests, which have the
effect of discriminating against minority groups or females.
(iv) To assure nondiscrimination in other areas of employment
practices. (A) Examining rates of pay and fringe benefits for present
employees with equivalent duties, and adjusting any inequities found.
(B) Providing opportunity to perform overtime work on a basis that
does not discriminate against qualified minority groups or female
employees.
(d) Report of complaints filed against licensees and conditional
licensees. (1) All licensees or conditional licensees must submit an
annual report to the FCC no later than May 31 of each year indicating
whether any complaints regarding violations by the licensee or
conditional licensee or equal employment provisions of Federal, State,
Territorial, or local law have been filed before anybody having
competent jurisdiction.
(i) The report should state the parties involved, the date filing,
the courts or agencies before which the matters have been heard, the
appropriate file number (if any), and the respective disposition or
current status of any such complaints.
(ii) Any licensee or conditional licensee who has filed such
information with the EEOC need not do so with the Commission, if such
previous filing is indicated.
(e) Complaints of violations of equal employment programs. (1)
Complaints alleging employment discrimination against a common carrier
or Multipoint Distribution Service non-common carrier licensee or
conditional licensee will be considered by the Commission in the
following manner:
(i) If a complaint raising an issue of discrimination is received
against a licensee or conditional licensee who is within the
jurisdiction of the EEOC, it will be submitted to that agency. The
Commission will maintain a liaison with that agency which will keep the
Commission informed of the disposition of complaints filed against any
of the common carrier or Multipoint Distribution Service non-common
carrier licensees or conditional licensees.
(ii) Complaints alleging employment discrimination against a common
carrier or Multipoint Distribution Service non-common carrier licensee
or conditional licensee who does not fall under the jurisdiction of the
EEOC but is covered by appropriate enforceable State law, to which
penalties apply, may be submitted by the Commission to the respective
state agency.
(iii) Complaints alleging employment discrimination against a common
carrier or Multipoint Distribution Service non-common carrier licensee
or conditional licensee who does not fall under the jurisdiction of the
EEOC or an appropriate State law, will be accorded appropriate treatment
by the FCC.
(iv) The Commission will consult with the EEOC on all matters
relating to the evaluation and determination of compliance with the
common carrier and Multipoint Distribution Service non-common carrier
licensees or conditional licensees with the principles of equal
employment as set forth herein.
(2) Complaints indicating a general pattern of disregard of equal
employment practices which are received
[[Page 57]]
against a licensee or conditional licensee who is required to file an
employment report to the Commission under Sec. 1.815(a) of this chapter,
will be investigated by the Commission.
(f) Records available to the public--(1) Commission records. A copy
of every annual employment report, equal employment opportunity
programs, and reports on complaints regarding violations of equal
employment provisions of Federal, State, territorial, or local law, and
copies of all exhibits, letters, and other documents filed as part
thereof, all amendments thereto, all correspondence between the
conditional licensee or licensee and the Commission pertaining to the
reports after they have been filed and all documents incorporated
therein by reference, are open for public inspection at the offices of
the Commission.
(2) Records to be maintained locally for public inspection by
licensees or conditional licensees--(i) Records to be maintained. Each
common carrier or Multipoint Distribution Service non-common carrier
licensee or conditional licensee required to file annual employment
reports, equal employment opportunity programs, and annual reports on
complaints regarding violations of equal employment provisions of
Federal, State, territorial, or local law must maintain, for public
inspection, in the same manner and in the same locations as required for
the keeping and posting of tariffs as set forth in Sec. 61.72 of this
chapter, a file containing a copy of each such report and copies of all
exhibits, letters, and other documents filed as part thereto, all
correspondence between the conditional licensee or licensee and the
Commission pertaining to the reports after they have been filed and all
documents incorporated therein by reference.
(ii) Period of retention. The documents specified in paragraph
(f)(2)(i) of this section shall be maintained for a period of 2 years.
(g) Cross reference. Applicability of cable television EEO
requirements to MDS and MMDS facilities, see Sec. 21.920.
[44 FR 60534, Oct. 19, 1979, as amended at 56 FR 57816, Nov. 14, 1991;
58 FR 42249, Aug. 9, 1993]
Subpart F--Developmental Authorizations
Sec. 21.400 Eligibility.
Developmental authorizations for stations in the radio services
included in this part will be issued only to existing and proposed
communication common carriers who are legally, financially and otherwise
qualified to conduct experimentation utilizing hertzian waves for the
development of engineering or operational data, or techniques, directly
related to a proposed part 21 radio service or to a regularly
established radio service regulated by the rules of this part.
Sec. 21.401 Scope of service.
Developmental authorizations may be issued for:
(a) Field strength surveys relative to or precedent to the filing of
applications for licenses, in connection with the selection of suitable
locations for stations proposed to be established in any of the
regularly established radio services regulated by the rules of this
part; or
(b) The testing of existing or authorized antennas, wave guides, or
transmission paths.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]
Sec. 21.402 Adherence to program of research and development.
The program of research and development, as stated by an applicant
in the application for license or stated in the instrument of station
authorization, shall be substantially adhered to unless the licensee is
otherwise authorized by the Commission.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]
Sec. 21.403 Special procedure for the development of a new service or for the use of frequencies not in accordance with the provisions of the rules in this
part.
(a) An authorization for the development of a new common carrier
service not in accordance with the provisions of the rules in this part
may be granted for a limited time, but only after the Commission has
made a preliminary
[[Page 58]]
determination with respect to the factors set forth in this paragraph,
as each case may require. This procedure also applies to any application
that involves use of a frequency which is not in accordance with the
provisions of the rules in this part, although in accordance with the
Table of Frequency Allocations contained in part 2 of this chapter. (An
application which involves use of a frequency which is not in accordance
with the Table of Frequency Allocations in part 2 of this chapter should
be filed in accordance with the provisions of part 5 of this chapter,
Experimental Radio Services (other than Broadcast).) The factors with
respect to which the Commission will make a preliminary determination
before acting on an application filed under this paragraph are as
follows:
(1) That the public interest, convenience or necessity warrants
consideration of the establishment of the proposed service or the use of
the proposed frequency;
(2) That the proposed operation appears to warrant consideration to
effect a change in the provisions of the rules in this part; and/or
(3) That some operational data should be developed for consideration
in any rule making proceeding which may be initiated.
(b) Applications for stations which are intended to be used in the
development of a proposed service shall be accompanied by a petition to
amend the Commission's rules with respect to frequencies and such other
items as may be necessary to provide for the regular establishment of
the proposed service.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]
Sec. 21.404 Terms of grant; general limitations.
(a) Developmental authorizations normally shall be issued for one
year, or such shorter term as the Commission may deem appropriate in any
particular case, and shall be subject to cancellation without hearing by
the Commission at any time upon notice to the licensee.
(b) Where some phases of the developmental program are not covered
by the general rules of the Commission or by the rules of this part, the
Commission may specify supplemental or additional requirements or
conditions in each case as it may deem necessary in the public interest,
convenience or necessity.
(c) Frequencies allocated to the service toward which such
development is directed will be assigned for developmental operation on
the basis that no interference will be caused to the regular services of
stations operating in accordance with the Commission's Table of
Frequency Allocations (Sec. 2.106 of this chapter).
(d) The rendition of communication service for hire is not permitted
under any developmental authorizations unless specifically authorized by
the Commission.
(e) The grant of a developmental authorization carries with it no
assurance that the developmental program, if successful, will be
authorized on a permanent basis either as to the service involved or the
use of the frequencies assigned or any other frequencies.
Sec. 21.405 Supplementary showing required.
(a) Authorizations for development of a proposed radio service in
the services included in this part will be issued only upon a showing
that the applicant has a definite program of research and development,
the details of which shall be set forth, which has reasonable promise of
substantial contribution to these services within the term of such
authorization. A specific showing should be made as to the factors which
qualify the applicant technically to conduct the research and
development program, including a description of the nature and extent of
engineering facilities that the applicant has available for such
purposes.
(b) Expiring developmental authorizations may be renewed only upon
the applicant's compliance with the applicable requirements of
Sec. 21.406 (a) and (b) relative to the authorization sought to be
renewed and upon a factual showing that further progress in the program
of research and development requires further radio transmission and that
the
[[Page 59]]
public interest, convenience or necessity would be served by renewal of
such authorization.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]
Sec. 21.406 Developmental report required.
(a) Upon completion of the program of research and development, or,
in any event, upon the expiration of the instrument of station
authorization under which such investigations were permitted, or at such
times during the term of the station authorization as the Commission may
deem necessary to evaluate the progress of the developmental program,
the licensee shall submit, in duplicate, a comprehensive report on the
following items, in the order designated:
(1) Report on the various phases of the project which were
investigated.
(2) Total number of hours of operation on each frequency assigned.
(3) Copies of any publication on the project.
(4) A listing of any patents applied for, including copies of any
patents issued as a consequence of the activities carried forth under
the authorization.
(5) Detailed analysis of the result obtained.
(6) Any other pertinent information.
(b) In addition to the information required by paragraph (a) of this
section, the developmental report of a station authorized for the
development of a proposed radio service shall include comprehensive
information on the following items:
(1) Probable public support and methods of its determination.
(2) Practicability of service operations.
(3) Interference encountered.
(4) Pertinent information relative to merits of the proposed
service.
(5) Propagation characteristics of frequencies used, particularly
with respect to the service objective.
(6) Frequencies believed to be more suitable and reasons therefor.
(7) Type of signals or communications employed in the experimental
work.
(c) Normally, developmental reports will be made a part of the
Commission's public records. However, an applicant may request that the
Commission withhold from the public certain reports and associated
material relative to the accomplishments achieved under developmental
authorization, and, if it appears that such information should be
withheld, the Commission will so direct.
Subparts G--J [Reserved]
Subpart K--Multipoint Distribution Service
Sec. 21.900 Eligibility.
Authorizations for stations in this service will be granted to
existing and proposed communications common carriers and non-common
carriers. Applications will be granted only in cases where it can be
shown that:
(a) The applicant is legally, financially, technically, and
otherwise qualified to render the proposed service;
(b) There are frequencies available to enable the applicant to
render a satisfactory service; and
(c) The public interest, convenience and necessity would be served
by a grant thereof.
The applicant shall state whether or not service will be provided on a
common carrier or non common carrier basis. In addition, a common
carrier applicant shall state whether there is any affiliation or
relationship to any intended or likely subscriber or program originator.
[52 FR 27556, July 22, 1987, as amended at 56 FR 57817, Nov. 14, 1991;
60 FR 36552, July 17, 1995]
Sec. 21.901 Frequencies.
(a) Frequencies in the bands 2150-2162 MHz, 2596-2644 MHz, 2650-2656
MHz, 2662-2668 MHz, and 2674-2680 MHz are available for assignment to
fixed stations in this service. Frequencies in the band 2150-2160 MHz
are shared with non-broadcast omnidirectional radio systems licensed
under other parts of the Commission's Rules, and frequencies in the band
2160-2162 MHz are shared with directional radio systems authorized in
other common carrier services. Frequencies in the 2596-2644
[[Page 60]]
MHz band are shared with Instructional Television Fixed Service Stations
licensed under part 74 of the Commission's Rules. The response channels
E1, E2, F1, and F2 listed in Sec. 74.939(d) of this chapter are
grandfathered for fixed stations in this band and are shared with
Instructional Television Fixed Service Stations licensed under part 74
of the commission's rules; the existing response channels E3, E4, F3,
and F4 listed in Sec. 74.939(d) of this chapter are grandfathered and
licensed under this part 21.
(b) Applicants may be assigned a channel(s) according to one of the
following frequency plans:
(1) At 2150-2156 MHz (designated as channel 1),
(2) At 2156-2162 MHz (designated as channel 2), or
(3) At 2156-2160 MHz (designated as channel 2A), or
(4) At 2596-2602 MHz, 2608-2614 MHz, 2620-2626 MHz, and 2632-2638
MHz (designated as channels E1, E2, E3, and E4, respectively, with the
four channels to be designated the E-group channels), and response
channels E1 and E2 (1) listed in Sec. 74.939(d) of this chapter,\1\ or
(5) At 2602-2608 MHz, 2614-2620 MHz, 2626-2632 MHz, and 2638-2644
MHz (designated as channels F1, F2, F3, and F4, respectively, with the
four channels to be designated the F-group channels), and response
channels F1 and F2 listed in Sec. 74.939(d) of this chapter,\1\ or
(6) At 2650-2656 MHz, 2662-2668 MHz, and 2674-2680 MHz (designated
as channels H1, H2 and H3, respectively, with the three channels to be
designated the H-group channels).\1\
(c) Channel 2 will be assigned only where there is evidence that no
harmful interference will occur to any authorized point-to-point
facility in the 2160-2162 MHz band. Channel 2 may be assigned only if
the transmitting antenna of the station is to be located within 16.1
kilometers (10 miles) of the coordinates of the following metropolitan
areas:
------------------------------------------------------------------------
Principal City Coordinates
------------------------------------------------------------------------
Akron, Ohio............................. Lat. 41 deg.05'06" N., long.
81 deg.31'06" W.
Albany-Schenectady-Troy, N.Y............ Lat. 42 deg.39'00" N., long.
73 deg.45'24" W.
Anaheim-Santa Ana-Garden Grove, Calif... Lat. 33 deg.46'30" N., long.
117 deg.54'48" W.
Atlanta, Ga............................. Lat. 33 deg.45'00" N., long.
84 deg.23'12" W.
Baltimore, Md........................... Lat. 39 deg.17'18" N., long.
76 deg.37'00" W.
Birmingham, Ala......................... Lat. 33 deg.30'42" N., long.
86 deg.48'24" W.
Boston, Mass............................ Lat. 42 deg.21'42" N., long.
71 deg.03'30" W.
Buffalo, N.Y............................ Lat. 42 deg.53'12" N., long.
78 deg.52'30" W.
Chicago, Ill............................ Lat. 41 deg.53'00" N., long.
87 deg.37'30" W.
Cincinnati, Ohio........................ Lat. 39 deg.06'00" N., long.
84 deg.30'48" W.
Cleveland, Ohio......................... Lat. 41 deg.29'48" N., long.
81 deg.42'00" W.
Columbus, Ohio.......................... Lat. 39 deg.57'42" N., long.
83 deg.00'06" W.
Dallas, Tex............................. Lat. 32 deg.46'36" N., long.
96 deg.48'42" W.
Dayton, Ohio............................ Lat. 39 deg.45'24" N., long.
84 deg.11'42" W.
Denver, Colo............................ Lat. 39 deg.44'24" N., long.
104 deg.59'18" W.
Detroit, Mich........................... Lat. 42 deg.20'00" N., long.
83 deg.03'00" W.
Fort Worth, Tex......................... Lat. 32 deg.45'00" N., long.
97 deg.17'42" W.
Gary, Ind............................... Lat. 41 deg.36'00" N., long.
87 deg.20'00" W.
Hartford, Conn.......................... Lat. 41 deg.46'00" N., long.
72 deg.40'30" W.
Houston, Tex............................ Lat. 29 deg.45'48" N., long.
95 deg.21'42" W.
Indianapolis, Ind....................... Lat. 39 deg.46'12" N., long.
86 deg.09'18" W.
Kansas City, Mo......................... Lat. 39 deg.06'00" N., long.
94 deg.34'42" W.
Los Angeles-Long Beach, Calif........... Lat. 34 deg.03'18" N., long.
118 deg.15'00" W.
Louisville, Ky.......................... Lat. 38 deg.14'48" N., long.
85 deg.45'42" W.
Memphis, Tenn........................... Lat. 35 deg.07'30" N., long.
90 deg.03'24" W.
Miami, Fla.............................. Lat. 25 deg.46'30" N., long.
80 deg.11'24" W.
Milwaukee, Wis.......................... Lat. 43 deg.02'18" N., long.
87 deg.54'48" W.
Minneapolis-St. Paul, Minn.............. Lat. 44 deg.59'00" N., long.
93 deg.15'48" W.
New Orleans, La......................... Lat. 29 deg.57'48" N., long.
90 deg.03'48" W.
New York City, N.Y.-Newark-Jersey City- Lat. 40 deg.42'30" N., long.
Paterson, N.J. 74 deg.00'00" W.
Norfolk, Va............................. Lat. 36 deg.50'42" N., long.
76 deg.17'12" W.
Oklahoma City, Okla..................... Lat. 35 deg.29'30" N., long.
97 deg.30'12" W.
Philadelphia, Pa........................ Lat. 39 deg.57'00" N., long.
75 deg.09'48" W.
Phoenix, Ariz........................... Lat. 33 deg.27'18" N., long.
112 deg.04'24" W.
Pittsburgh, Pa.......................... Lat. 40 deg.26'12" N., long.
80 deg.00'30" W.
Portland, Oreg.......................... Lat. 45 deg.32'06" N., long.
122 deg.37'12" W.
Providence, R.I......................... Lat. 41 deg.49'00" N., long.
71 deg.24'24" W.
Rochester, N.Y.......................... Lat. 43 deg.09'30" N., long.
77 deg.36'30" W.
Sacramento, Calif....................... Lat. 38 deg.35'06" N., long.
121 deg.29'24" W.
San Antonio, Tex........................ Lat. 29 deg.25'24" N., long.
98 deg.29'43" W.
San Bernardino-Riverside, Calif......... Lat. 34 deg.06'30" N., long.
117 deg.18'36" W.
San Diego, Calif........................ Lat. 32 deg.42'48" N., long.
117 deg.09'12" W.
San Francisco-Oakland, Calif............ Lat. 37 deg.46'30" N., long.
122 deg.25'00" W.
San Jose-Palo Alto-Sunnyvale, Calif..... Lat. 37 deg.22'36" N., long.
122 deg.02'00" W.
Seattle-Everett, Wash................... Lat. 47 deg.35'48" N., long.
122 deg.19'48" W.
St. Louis, Mo........................... Lat. 38 deg.37'00" N., long.
90 deg.11'36" W.
Syracuse, N.Y........................... Lat. 43 deg.03'06" N., long.
76 deg.09'00" W.
Tampa-St. Petersburg, Fla............... Lat. 27 deg.57'06" N., long.
82 deg.27'00" W.
Toledo, Ohio............................ Lat. 41 deg.38'48" N., long.
83 deg.32'30" W.
Washington, D.C......................... Lat. 38 deg.53'30" N., long.
77 deg.02'00" W.
------------------------------------------------------------------------
(d) Frequencies in the band 2596-2644 MHz and associated response
channels will be assigned only in accordance with the following
conditions:
(1)-(2) [Reserved]
(3) All applicants for frequencies in this band must specify the
channels being applied for; however, the Commission may on its own
initiative assign different channels in the band if it
[[Page 61]]
is determined that such action would serve the public interest.
(4) Notwithstanding the provisions of Sec. 21.31 of this part,
applications for frequencies in this band will be accepted only on the
date(s) specified by the Commission.
(5) Notwithstanding the provision of Sec. 21.31(a) all applications,
except for those filed on or after September 15, 1995, that propose to
locate transmission facilities within or within 24.1 kilometers (15
miles) of the border of a Standard Metropolitan Statistical Area (SMSA)
will be considered together. In the case of a Standard Consolidated
Statistical Area (SCSA) all applications that propose to locate
facilities within or within 24.1 kilometers (15 miles) of the boundary
of any SMSA contained in the SCSA will be considered together. In those
cases in which an applicant proposes to locate its transmission
facilities so that it will be located in, or within 24.1 kilometers (15
miles) of, more than one SMSA, the applicant must specify which SMSA it
intends to be its primary service area. Each application will be
entitled to comparative consideration or to be included in a lottery in
only one such service area.
(6) Licensees or permittees of the frequencies in this band may
petition the Commission to authorize exchange of assigned channels to
allow adjacent channel operation. For example, one licensee may be
assigned channels E1, F1, E2 and
F2 and the other licensee could be assigned channels
E3, F3, E4 and F4. Such a
petition will be granted if the petitioners show that the exchange will
result in better service to the public.
(7) All applications for frequencies in this band, except for those
filed on or after September 15, 1995, must contain a showing of how
interference with the operation of adjacent channels will be avoided and
what steps the applicant has taken to comply with Sec. 21.902(a) of this
part.
(e) Frequencies in the band segments 18,580-18,820 MHz and 18,920-
19,160 MHz are available for assignment to fixed stations in this
service for a point-to-point return link from a subscriber's location.
Assignments in the 18 GHz band for these return links will be made in
accordance with the provisions of subpart I of part 101 of this chapter.
(f) MDS H-channel applications. Frequencies in the bands 2650-2656
MHz, 2662-2668 MHz, or 2674-2680 MHz must be assigned only in accordance
with the following conditions: All applications for MDS H-channel
stations must specify either the H1, H2, or H3 channel for which an
application is filed; however, the Commission may on its own initiative
assign different channels in these frequency bands if it is determined
that such action would serve the public interest.
Notes: \1\ No response channels are provided for channels E3, E4,
F3, F4, H1, H2, and H3.
[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 33900, July 26, 1983;
49 FR 25479, June 21, 1984; 49 FR 37777, Sept. 26, 1984; 55 FR 46009,
Oct. 31, 1990; 56 FR 57598, Nov. 13, 1991; 56 FR 57817, Nov. 14, 1991;
58 FR 11798, Mar. 1, 1993; 58 FR 44895, Aug. 25, 1993; 60 FR 36552, July
17, 1995; 61 FR 26676, May 28, 1996]
Sec. 21.902 Frequency interference.
(a) All applicants, conditional licensees, and licensees shall make
exceptional efforts to avoid harmful interference to other users and to
avoid blocking potential adjacent channel use in the same city and
cochannel use in nearby cities. In areas where major cities are in close
proximity, careful consideration should be given to minimum power
requirements and to the location, height, and radiation pattern of the
transmitting antenna. Licensees, conditional licensees, and applicants
are expected to cooperate fully in attempting to resolve problems of
potential interference before bringing the matter to the attention of
the Commission.
(b) As a condition for use of frequency in this service, each
applicant, conditional licensee, and licensee is required to:
(1) Not enter into any lease or contract or otherwise take any
action that would unreasonably prohibit location of another station's
transmitting antenna at any given site inside its own protected service
area.
(2) Cooperate fully and in good faith to resolve interference and
transmission security problems.
(3) Engineer the system to provide at least 45 dB of cochannel
interference
[[Page 62]]
protection within the 56.33 km (35 mile) protected service area of any
authorized or previously proposed station that transmit, or may
transmit, signals for standard television reception.
(4) Engineer the station to provide at least 0 dB of adjacent
channel interference protection within the 56.33 km (35 mile) protected
service area of any authorized or previously proposed station that
transmits, or may transmit, signals for standard television reception.
(5)(i) Engineer the station to limit the calculated free space power
flux density to -73 dBW/m2 at the boundary of a 56.33 km (35
mile) protected service area, where there is an unobstructed signal path
from the transmitting antenna to the boundary; or alternatively, obtain
the written consent of the entity authorized for the adjoining area to
exceed the -73 dBW/m2 limiting signal strength at the common
boundary.
(ii) In determining signal path conditions, the following shall be
used: a 9.1 meter (30 feet) receiving antenna height, the transmitting
antenna height, terrain elevations and 4/3 earth radius propagation
conditions.
(6) If a proposed station is within 80 km (50 miles) of the Canadian
or Mexican border, the station must be designed to meet the requirements
set forth in international treaties.
(c) The following interference studies must be prepared, must be
available to the Commission upon request, and may be submitted as part
of any application:
(1) An analysis of the potential for harmful interference within the
56.33 km (35 mile) protected service areas of any authorized or
previously proposed incumbent station:
(i) If the coordinates of the applicant's proposed transmitter are
within 160.94 km (100 miles) of the center coordinates of any authorized
or previously proposed incumbent station with protected service area of
56.33 km (35 miles) as specified in Sec. 21.902(d); or
(ii) If the great circle path between the applicant's proposed
transmitter and the protected service area of any authorized, or
previously-proposed, cochannel or adjacent-channel station(s) is within
241.4 kilometers or less and 90 percent or more of the path is over
water or within 16.1 kilometers of the coast or shoreline of the
Atlantic Ocean, the Pacific Ocean, the Gulf of Mexico, any of the Great
Lakes, or any bay associated with any of the above (see Secs. 21.901(a)
and 74.902 of this chapter);
(2) Applicants may design interference studies in any manner that
demonstrates the avoidance of harmful interference, as defined in this
subpart.
(i) In lieu of interference studies, applicants may submit in
accordance with Sec. 21.938 a written statement of no objection to the
operation of the MDS station.
(ii) The Commission may direct applicants to submit interference
studies of a specific nature.
(3) Except for new stations proposed in applications filed after
September 15, 1995, in the case of a proposal to operate a non-colocated
station within the protected service area of an authorized, or
previously proposed, adjacent channel station, an analysis that
identifies the areas within the protected service areas of both the
authorized or previously proposed adjacent channel station and the
proposed station that cannot be protected as specified in
Sec. 21.902(b)(4) and an explanation of why the proposed station cannot
be colocated with the existing or previously proposed station.
(4) In the case of a proposal for use of channel 2, an analysis of
the potential for harmful interference with any authorized point-to-
point station located within 80.5 kilometers (50 miles) which utilizes
the 2160-2162 MHz band; and
(d)(1) Subject to the limitations contained in paragraph (e) of this
section, each MDS station licensee shall be protected from harmful
electrical interference, as determined by the theoretical calculations,
within a protected service area of which the boundary will be 56.3255
kilometers (35 miles) from the transmitter site.
(2) As of September 15, 1995, the location of these protected
service area boundaries shall become fixed. The center of the circular
area shall be the geographic latitude and longitude of the transmitting
antenna site specified in station authorizations or previously
[[Page 63]]
proposed applications filed at the Commission before September 15, 1995.
Subsequent transmitter site changes will not change the location of the
56.3255 kilometers (35 mile) protected service area boundaries.
(e) No MDS licensee will be protected from harmful interference
caused by:
(1) Any station with an earlier filing date.
(2) Any station that was authorized before July 1984.
(3) Any multichannel MDS station whose application was pending on
September 9, 1983.
(f) In addressing potential harmful interference in this service,
the following definitions, procedures and other criteria shall apply:
(1) Co-channel interference is defined as the ratio of the desired
signal to the undesired signal present in the desired channel, at the
output of a reference receiving antenna oriented to receive the maximum
desired signal. Harmful interference will be considered present when a
free space calculation for an unobstructed signal path determines that
this ratio is less than 45 dB.
(2) Adjacent channel interference is defined as the ratio of the
desired signal to undesired signal present in an adjacent channel, at
the output of a reference receiving antenna oriented to receive the
maximum desired signal level. Harmful interference will be considered
present when a free space calculation for an unobstructed signal path
determines that this ratio is less than 0 dB. In the alternative,
harmful interference will be considered present for an Instructional
Television Fixed Service (ITFS) station constructed before May 26, 1983,
when a free space calculation determines that this ratio is less than 10
dB, unless the license for a Multipoint Distribution Service station in
the 2596-2690 MHz frequency band is conditioned on the proffer to the
affected ITFS station licensee of equipment capable of providing a ratio
of 0 dB or more at no expense to the ITFS station licensee, and also
conditioned, if necessary, on installation of such equipment, absent a
showing by the affected ITFS station licensee demonstrating good cause
and that the proposed equipment will not provide a ratio of 0 dB or more
or that installation of such equipment, at no expense to the ITFS
station licensee, is not possible.
(3) For purposes of this section all interference calculations
involving receive antenna performance shall use the reference antenna
characteristics shown in figure 1.
[[Page 64]]
[GRAPHIC] [TIFF OMITTED] TC01MR91.040
[[Page 65]]
(4) For purposes of this section, the received signal power level
(RSL)dBW at the output of the FCC reference receiving antenna
is obtained from the following formulas (or an equivalent adaptation):
(RSL)dBW=(EIRP)dBW-(LFS)dB+(G
AR)dB
where the free space loss (LFS) is
(LFS)dB=20 log (4d/)dB
in which the parameters are defined as follows:
(RSL)dBW is the received power in decibels referenced to
one watt.
(EIRP)dBW is the equivalent isotropically radiated power
in decibels above one watt.
d is the distance of the signal path in meters.
is the wavelength of the signal in meters.
GAR is the dB gain of the reference receiving antenna
above an isotropic antenna (obtained from Figure 1 of this section.)
(5) A determination of signal path conditions shall use a 9.1 meters
(30 feet) receiving antenna height, the transmitting antenna height,
terrain elevation, and assume 4/3 earth radius propagation conditions.
(6) An application will not be accepted for filing if cochannel or
adjacent channel interference is predicted at the boundary of the 56.33
km (35 mile) protected service area of an authorized or previously
proposed incumbent station based on the following criteria:
(i) Interference calculations shall be made only for directions
where there is an unobstructed signal path from the site of a proposed
station to the boundary of any protected area.
(ii) Calculations of received power levels in units of dBW from the
proposed station will be made at one degree intervals around the
protected service area.
(iii) The assumed value of the desired signal level at the boundary
of an incumbent station shall be -83 dBW, which is the calculated
received power in free space at a distance of 56.33 km (35 miles), given
at EIRP of 2000 watts and a receiver antenna gain of 20 dBi.
(iv) Harmful interference will be considered to occur at locations
along the boundary wherever the ratio between the desired signal level
of -83 dBw and the received power from a proposed cochannel or adjacent
channel station is less than 45 dB or 0 dB for cochannel or adjacent
channel proposals, respectively.
(7) Alternatively, MDS applications will be accepted on the basis of
an executed written interference agreement between potentially affected
parties filed in accordance with Sec. 21.938.
(g)(1) All interference studies prepared pursuant to paragraph (c)
of this section must be served on all licensees, conditional licensees,
and applicants for the stations required to be studied by this section.
This service must include a copy of the FCC application and occur on or
before the date the application is filed with the Commission.
(2) MDS licensees, conditional licensees and applicants of
facilities with 56.33 km (35 mile) protected service areas shall notify
in writing the holders of authorizations for adjoining BTAs or PSAs of
application filings for modified station licenses, provided the proposed
facility would produce an unobstructed signal path to any location
within the adjoining BTA or PSA. This service must include a copy of the
FCC application and occur on or before the date the application is filed
with the Commission.
(h) For purposes of Sec. 21.31(a), an MDS application, except for
those applications filed on or after September 15, 1995, filed for a
facility that would cause harmful electrical interference within the
protected service area of any authorized or previously proposed station
will be presumed to be mutually exclusive with the application for such
authorized or previously proposed station.
(i)(1) For each application for a new station, or amendment thereto,
or modification application, or amendment thereto, proposing Multipoint
Distribution Service (MDS) facilities on the E, F, or H channels, filed
on October 1, 1995, or thereafter, on or before the day the application
or amendment is filed, the applicant must prepare, but is not required
to submit with its application or amendment, an analysis demonstrating
that operation of the MDS applicant's transmitter will not cause harmful
electrical interference to each registered receive site of any
[[Page 66]]
existing D, E, F, or G channel Instructional Television Fixed Service
station licensed, with a construct permit, or proposed in a pending
application on the day such MDS application is filed, with an ITFS
transmitter site within 50 miles of the coordinates of the MDS station's
proposed transmitter site.
(2) For each application described in paragraph (i)(1) of this
section, the applicant must serve, by certified mail, return receipt
requested, on or before the day the application or amendment described
in paragraph (i)(1) of this section is initially filed with the
Commission, a copy of the complete MDS application or amendment,
including each exhibit and interference study, described in paragraph
(i)(1) of this section, on each ITFS licensee, construction permittee,
or applicant described in paragraph (i)(1) of this section.
(3) For each application described in paragraph (i)(1) of this
section, the applicant must certify and file, with the application or
amendment, its certification of its compliance with the requirements of
paragraph (i)(2) of this section.
(4) For each application described in paragraph (i)(1) of this
section, the applicant must file, on or before the 30th day after the
application or amendment described in paragraph (i)(1) of this section
is initially filed with the Commission, a written notice which contains
the following:
(i) Caption--ITFS Service Notice;
(ii) Applicant's name, address, proposed service area and channel
group, and application file number, if known;
(iii) A list of each ITFS licensee and construction permittee
described in paragraph (i)(1) of this section;
(iv) The address of each ITFS licensee and construction permittee
described in paragraph (i)(1) of this section used for service; and
(v) A list of the date each ITFS licensee and construction permittee
described in paragraph (i)(1) of this section received a copy of the
complete application or amendment described in paragraph (i)(1) of this
section, or a notation of lack of receipt by the ITFS licensee or
construction permittee of a copy of the complete application or
amendment, on or before such 30th day, together with a description of
its efforts for receipt by each such licensee or construction permittee
lacking receipt of the application.
(5) The public notices described in paragraph (i)(6) of this section
are as follows:
(i) For initial applications for new MDS stations which participate
in a lottery, this public notice is the notice announcing the selection
of the applicant's application by lottery for qualification review.
(ii) For initial applications for new MDS stations which participate
in a competitive bidding process, this public notice is the notice
announcing the application of the winning bidder in the competitive
bidding process has been accepted for filing.
(iii) For initial applications for new MDS stations which do not
participate in a lottery or a competitive bidding process, this public
notice is the notice announcing that the applicant's application is not
mutually-exclusive with other MDS applications.
(iv) For MDS modification applications, this public notice is the
notice announcing that the modification application has been accepted
for filing.
(6)(i) Notwithstanding the provisions of Sections 1.824(c) and
21.30(a)(4), for each application described in paragraph (i)(1) of this
section, each ITFS licensee and each ITFS construction permittee
described in paragraph (i)(1) of this section may file with the
Commission on or before the 30th day after the public notice described
in paragraph (i)(5) of this section, a petition to deny the MDS
application.
(ii) Except for the requirements as to the filing time deadline,
this petition to deny must otherwise comply with the provisions of
Section 21.30.
(iii) In addition, this ITFS petition to deny must:
(A) Identify the subject MDS application, including the applicant's
name, station location, channel group, and application file number;
(B) Include a certificate of service demonstrating service on the
subject MDS applicant by certified mail, return receipt requested, on or
before the 30th day after the MDS public notice described in paragraph
(i)(5) of this section;
[[Page 67]]
(C) Include a demonstration that it made efforts to reach agreement
with the MDS applicant but was unable to do so;
(D) Include an engineering analysis that operation of the proposed
MDS station will cause harmful interference to its ITFS station;
(E) Include a demonstration, in those cases in which the MDS
applicant's analysis is dependent upon modification(s) to the ITFS
facility, that the harmful interference cannot be avoided by the
proposed substitution of new or modified equipment to be supplied and
installed by the MDS applicant, at no expense to the ITFS licensee or
construction permittee; and
(F) Be limited to raising objections concerning the potential for
harmful interference to its ITFS station or concerning a failure by the
MDS applicant to serve the ITFS licensee or construction permittee with
a copy of the complete application or amendment described in paragraph
(i)(1) of this section.
(iv) The Commission will presume an ITFS licensee or construction
permittee described in paragraph (i)(1) of this section has no objection
to operation of the MDS station, if the ITFS licensee or construction
permittee fails to file a petition to deny by the deadline prescribed in
paragraph (i)(6)(i) of this section.
(j) If the initial application for facilities in the 2596-2644
frequency band was filed on September 9, 1983, an applicant proposing to
modify such facilities must include with its modification application:
(1) An analysis demonstrating that the modification will not
increase the size of the geographic area suffering harmful interference
within the protected service area of existing or proposed co-channel or
adjacent-channel facilities in the 2596-2644 MHz frequency band with a
transmitter site within 80.5 km (50 miles) of the modifying station's
transmitter site of the initial application for the interfered-with
station was filed on September 9, 1983; and
(2) An analysis demonstrating that the modification will not cause
harmful interference to any new portion of the protected service area of
existing or proposed co-channel or adjacent-channel facilities in the
2596-2644 frequency band with a transmitter site within 80.5 km (50
miles) of the modifying station's transmitter site, if the initial
application for the interfered-with station was filed on September 9,
1983.
(k) If an initial application for facilities in the 2596-2644
frequency band was filed on September 9, 1983, a licensee proposing to
modify a constructed station may request exclusion from the interference
analysis prescribed at Sec. 21.902(c) (1) and (2) with respect to
another specified application for E or F channel facilities, if the
modifying licensee files as part of its modification application a
demonstration that:
(1) The MDS application for which exclusion is requested was
proposed by an initial application filed on September 9, 1983;
(2) The MDS application for which exclusion is requested is not yet
perfected by the submission of the information necessary for processing,
as of the date of filing of the modification application; and
(3) A copy of the licensee's modification application, including the
demonstration specified in this paragraph, was served on the MDS
applicant for which exclusion is requested, on or before the date of
filing of the modification application.
[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 33901, July 26, 1983;
49 FR 25479, June 21, 1984; 52 FR 27556, July 22, 1987; 55 FR 46010,
Oct. 31, 1990; 56 FR 57598, Nov. 13, 1991; 56 FR 57818, Nov. 14, 1991;
56 FR 65191, Dec. 16, 1991; 58 FR 11798, Mar. 1, 1993; 58 FR 44895, Aug.
25, 1993; 60 FR 36553, July 17, 1995; 60 FR 36739, July 18, 1995; 60 FR
57367, Nov. 15, 1995; 61 FR 18098, Apr. 24, 1996; 61 FR 26676, May 28,
1996]
Effective Date Note: At 61 FR 18098, Apr. 24, 1996, Sec. 21.902 was
amended by revising paragraphs (i)(1) and (i)(2). These paragraphs
contain information collection and recordkeeping requirements and will
not become effective until approval has been given by the Office of
Management and Budget.
Sec. 21.903 Purpose and permissible service.
(a) Multipoint Distribution Service stations are generally intended
to provide one-way radio transmission (usually in an omnidirectional
pattern)
[[Page 68]]
from a stationary transmitter to multiple receiving facilities located
at fixed points. When service is provided on a common carrier basis,
subscriber supplied information is transmitted to points designated by
the subscriber. When service is provided on a non-common carrier basis,
transmissions may include information originated by persons other than
the licensee, licensee- manipulated information supplied by other
persons, or information originated by the licensee. Point-to-point radio
return links from a subscriber's location to a MDS operator's facilities
may be authorized in the 18,580 through 18,820 MHz and 18,920 through
19,160 MHz bands. Rules governing such operation are contained in
subpart I of part 101 of this chapter, the Point-to-Point Microwave
Radio Service.
(b) Unless otherwise directed or conditioned in the applicable
instrument of authorization, Multipoint Distribution Service stations
may render any kind of communications service consistent with the
Commission's rules on a common carrier or on a non-common carrier basis,
Provided That:
(1) Unless service is rendered on a non-common carrier basis, the
common carrier controls the operation of all receiving facilities
(including any equipment necessary to convert the signal to a standard
television channel but excluding the television receiver); and
(2) Unless service is rendered on a non-common carrier basis, the
common carrier's tariff allows the subscriber the option of owning the
receiving equipment (except for the decoder) so long as:
(i) The customer provides the type of equipment as specified in the
tariff;
(ii) Such equipment is in suitable condition for the rendition of
satisfactory service; and
(iii) Such equipment is installed, maintained, and operated pursuant
to the common carrier's instructions and control.
(c) The carrier's tariff shall fully describe the parameters of the
service to be provided, including the degree of privacy of
communications a subscriber can expect in ordinary service. If the
ordinary service does not provide for complete security of transmission,
the tariff shall make provision for service with such added protection
upon request.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27556, July 22, 1987;
61 FR 26676, May 28, 1996]
Sec. 21.904 Transmitter power.
(a) The maximum equivalent isotropically radiated power (EIRP) of a
transmitter station in this service shall not exceed 2000 watts (33 dBW)
except as provided in paragraph (b) of this section.
(b) If a station uses a transmitting antenna with a non-
omnidirectional horizontal plane radiation pattern, the maximum
equivalent isotropically radiated power (EIRP) in dBW in a given
direction shall be determined by the following formula:
EIRP=33 dBW+10 log (360/beamwidth) [where 10 log (360/beamwidth)
6 dB].
Beamwidth is the total horizontal plane beamwidth of the transmitting
antenna system in degrees, measured at the half-power points.
(c) An increase in station transmitter power, above currently-
authorized or previously proposed values, to the maximum values provided
in paragraphs (a) and (b) of this section, may be authorized, if the
requested power increase would not cause harmful interference to any
authorized or previously proposed co-channel or adjacent-channel station
with a transmitter site within 80.5 kilometers (50 miles) of the
applicant's transmitter site, or if an applicant demonstrates that:
(1) A station, that must be protected from interference, potentially
could suffer interference that would be eliminated by increasing the
power of the interfered-with station; and
(2) The interfered-with stations may increase it own power
consistent with the rules; and
(3) The applicant requesting authorization of a power increase
agrees to pay all expenses associated with the increase in power to the
interfered-with station.
(d) For television transmission if the authorized bandwidth is 4.0
MHz or more for the visual and accompanying aural signal, the peak power
of the accompanying aural signal must not exceed 10 percent of the peak
visual
[[Page 69]]
power of the transmitter. The Commission may order a reduction in aural
signal power to diminish the potential for harmful interference.
[55 FR 46010, Oct. 31, 1990, as amended at 58 FR 44896, Aug. 25, 1993;
60 FR 36554, July 17, 1995; 60 FR 57367, Nov. 15, 1995]
Sec. 21.905 Emissions and bandwidth.
(a) A station transmitting a television signal shall not exceed a
bandwidth of 6 MHz (for both visual signal and accompanying aural
signal), and will normally employ vestigial sideband, amplitude
modulation (C3F) for the visual signal, and frequency modulation (F3E)
or (G3E) for the accompanying aural signal.
(b) For purposes other than standard television transmission,
different types of emissions may be authorized if the applicant
describes fully the modulation and bandwidth desired, and demonstrates
that the bandwidth desired is no wider than needed to provide the
intended service. However, in no event shall the necessary or occupied
bandwidth, whichever is greater, exceed 6 MHz.
(c) Any licensee of a station in the 2150-2162 MHz or 2596-2644 MHz,
2650-2656 MHz, 2662-2668 MHz, or 2674-2680 MHz frequency bands, after
notice and opportunity for hearing, may be required to use the frequency
offset technique to avoid or to minimize harmful interference to another
licensed station in the 2150-2162 MHz and 2596-2544 MHz, 2650-2656 MHz,
2662-2668 MHz, and 2674-2680 MHz frequency bands or to make other
changes as provided in Secs. 21.100, 21.107, 21.900, 21.901, 21.902,
21.904, 21.905(a), 21.905(b), 21.906, 21.907, and 21.908 of this part.
[44 FR 60534, Oct. 19, 1979, as amended at 49 FR 48700, Dec. 14, 1984;
55 FR 46011, Oct. 31, 1990; 56 FR 57818, Nov. 14, 1991]
Sec. 21.906 Antennas.
(a) Transmitting antennas shall be omnidirectional, except that a
directional antenna with a main beam sufficiently broad to provide
adequate service may be used either to avoid possible interference with
other users in the frequency band, or to provide coverage more
consistent with distribution of potential receiving points. When an
applicant proposes to employ a directional antenna, the applicant shall
provide the Commission with information regarding the orientation of the
directional antenna, expressed in degree of azimuth, with respect to
true north.
(b) The use of horizontal or vertical plane wave polarization, or
right hand or left hand rotating elliptical polarization may be used to
minimize the hazard of harmful interference between systems.
(c) Transmitting antennas located within 56.3 kilometers (35 miles)
of the Canadian border should be directed so as to minimize, to the
extent that is practical, emissions toward the border.
(d) Directive receiving antennas shall be used at all points and
shall be elevated no higher than necessary to assure adequate service.
Receiving antenna height shall not exceed the height criteria of part 17
of this chapter, unless authorization for use of a specific maximum
antenna height (above ground and above mean sea level) for each location
has been obtained from the Commission prior to the erection of the
antenna. Requests for such authorization shall show the inclusive dates
of the proposed operation. (See part 17 of this chapter concerning the
construction, marking and lighting of antenna structures.)
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37786, Oct. 9, 1987; 58
FR 44896, Aug. 25, 1993]
Sec. 21.907 Transmission standards.
(a) A licensee assigned a 6 MHz channel must be able to provide one
type of monochrome and color television service which complies with the
VHF transmission standards set forth in Sec. 73.682(a) of this chapter,
except that the provision of Sec. 21.906(b) shall replace the
requirements of Sec. 73.682(a)(14) of this chapter.
(b) A licensee assigned a 4 MHz channel must be able to provide one
type of monochrome and/or color television service which complies with
VHF transmission standards set forth in Sec. 73.682(a) of this chapter,
except that:
(1) The provision of Sec. 21.906(b) shall replace the requirements
of Sec. 73.682(a)(14) of this chapter, and
(2) The requirements of Sec. 73.682 (a)(1), (a)(2), (a)(3), (a)(4),
(a)(5), (a)(9), (a)(19),
[[Page 70]]
and (a)(20) of this chapter shall not apply.
(c) In addition to the standard television transmission service
specified in paragraphs (a) and (b) of this section, the licensee may
offer a television service not meeting such standards if the tariff or
contract clearly describes the type and quality of the service and
distinguishes it from the standard service, and if the transmitter is
certificated for such use.
(d) For services other than television, a licensee may provide
transmissions as described in the tariff or contract if the authorized
bandwidth is not exceeded and the transmitter is certificated for such
use.
(e) In order to insure that transmitting information is not likely
to be received in intelligible form by unauthorized subscribers or
licensees, a licensee may vary the transmission standards specified in
paragraphs (a), (b), and (c) of this section, provided that the encoded
information is recoverable without perceptible degradation as compared
to the same information transmitted in accordance with paragraphs (a),
(b), and (c) of this section.
[52 FR 27556, July 22, 1987, as amended at 63 FR 36603, July 7, 1998]
Effective Date Note: At 63 FR 36603, July 7, 1998, Sec. 21.907 was
amended in paragraphs (c) and (d) by removing the term ``type-accepted''
and replacing it with ``certificated'', effective Oct. 5, 1998.
Sec. 21.908 Television transmitting equipment.
(a) Except as otherwise provided in this section, the requirements
of paragraphs (a), (b), (c), (d), and (e) of Sec. 73.687 of this chapter
shall apply to stations in this service transmitting standard television
signals.
(b) On or after November 1, 1991, the maximum out-of-band power of a
transmitter operating in the frequency bands 2150-2162 MHz, 2596-2644
MHz, 2650-2656 MHz, 2662-2668 MHz, and 2674-2680 MHz shall be attenuated
38 dB relative to the peak visual carrier at the channel edges and
constant slope attenuation from this level to 60 dB relative to the peak
visual carrier at 1 MHz below the lower band edge and 0.5 MHz above the
upper band edge. All out-of-band emissions extending beyond these
frequencies shall be attenuated at least 60 dB below the peak visual
carrier power. However, should harmful interference occur as a result of
emissions outside the assigned channel, additional attenuation may be
required. A transmitter licensed prior to November 1, 1991, that remains
at the station site initially licensed, and does not comply with this
paragraph, may continue to be used for its life if it does not cause
harmful interference to the operation of any other licensee. Any non-
conforming transmitter replaced after November 1, 1991, must be replaced
by a transmitter meeting the requirements of this paragraph.
(c) The requirements of Sec. 73.687(c)(2) of this chapter will be
considered to be satisfied insofar as measurements of operating power
are concerned if the transmitter station is equipped with instruments
for determining the combined visual and aural operating power. However,
licensees must maintain the operating powers within the limits specified
in Sec. 21.904 of this part. Measurements of the separate visual and
aural operating powers must be made at sufficiently frequent intervals
to insure compliance with the rules, and in no event less than once a
month.
(d) Television transmitting equipment designed for stations whose
authorized bandwidth in 4 MHz or less for the visual and accompanying
aural signal is subject to the provisions of Sec. 21.101 of this part
with respect to the frequency tolerance of the visual and aural
carriers. Such equipment is also subject to paragraphs (a) and (b) of
this section, except that the provisions of Sec. 73.687 (a), (b), and
(c)(1) of this chapter shall not apply.
(e) As a further exception to the other requirements of this
section, transmitting equipment characteristics may vary from these
requirements to the extent necessary to insure that transmitted
information is not likely to be received in intelligible form by
unauthorized subscribers or licensees, provided such variations permit
recovery of the transmitted information without perceptible degradation
as compared to the same information transmitted without such variations.
[55 FR 46011, Oct. 31, 1990, as amended at 56 FR 57818, Nov. 14, 1991]
[[Page 71]]
Sec. 21.909 MDS response stations.
(a) An MDS response station is authorized to provide communication
by voice and/or data signals with its associated MDS station. An MDS
response station may be operated only by the licensee of the MDS station
or its subscriber and only at receiving location of the MDS station with
which it is communicating. More than one response station may be
operated at the same or different receiving locations. All MDS response
stations communicating with a single MDS station shall operate within
the same frequency channel. The specified frequency channel which may be
used by the response station is determined by the channel assigned to
the MDS station with which it communicates. The specified frequency
channel may be subdivided to provide a distinct operating frequency for
each of more than one response station.
(b) Authorization of an MDS response station is subject to the
following terms and conditions:
(1) The response station shall not cause interference to any station
operating beyond the service area of the MDS station with which it
communicates.
(2) The antenna structure height employed at any location shall not
exceed the criteria set forth in Sec. 17.7 of this chapter.
(c) The response channels associated with channels E3, E4, F3, F4,
H1, H2, and H3 are allocated to the private operational-fixed service
(part 94 of this chapter).
[48 FR 33901, July 26, 1983, as amended at 52 FR 27556, July 22, 1987;
52 FR 37786, Oct. 9, 1987; 56 FR 57818, Nov. 14, 1991]
Sec. 21.910 Special procedures for discontinuance, reduction or impairment of service by common carrier MDS licensees.
Any MDS licensee who has elected common carrier status and who seeks
to discontinue service on a common carrier basis and instead provide
service on a non-common carrier basis or who otherwise intends to reduce
or impair service, shall be subject to the following procedures:
(a) The carrier shall notify all affected customers of the planned
discontinuance, reduction or impairment. Notice shall be in writing to
each affected customer unless the Commission authorizes in advance, for
good cause shown, another form of notice. Notice shall include the
following:
(1) Name and address of carrier;
(2) Date of planned service discontinuance, reduction or impairment;
(3) Points or geographic areas of service affected;
(4) Whether Single-channel or Multichannel Multipoint Distribution
Service is the service affected; and
(5) The following statement:
The FCC will normally authorize this proposed discontinuance of
service (or reduction or impairment) unless it is shown that end-users
will be adversely affected thereby. Affected customers wishing to object
should file objections within 45 days after receipt of this
notification, and address them to the Domestic Radio Branch, Domestic
Facilities Division, Federal Communications Commission, Washington, DC
20554, referencing the Sec. 21.910 Application of (carrier's name).
Comments should include specific information about the impact of this
proposed discontinuance (or reduction or impairment) upon end-users,
including any inability by the customer to acquire reasonable substitute
service from another provider. The affected customer must state that it
has provided a copy of the objection to the carrier seeking
discontinuance.
(b) The carrier shall file with this Commission, or or after the
date on which notice has been given to all affected customers, an
application which shall contain the following:
(1) Caption--``Section 21.910 Application'';
(2) Information listed in Sec. 21.901(a) (1) through (4) above;
(3) Brief description of the dates and methods of notice of all
affected customers;
(4) A statement of whether any customer has opposed the notice; and
(5) Any other information the Commission may require.
(c) The application to discontinue, reduce or impair service shall
be automatically granted on the 76th day after its filing with the
Commission without any Commission notification to the applicant unless
an objection has been filed or the Commission has notified
[[Page 72]]
the applicant that the grant will not be automatically effective.
[52 FR 27557, July 22, 1987]
Sec. 21.911 Annual reports.
(a) No later than March 1 of each year for the preceding calendar
year, each licensee in the Multipoint Distribution Service shall file
with the Commission two copies of a report which must include the
following:
(1) Name and address of licensee;
(2) Station(s) call letters and primary geographic service area(s);
(3) The following statistical information, preferably in tabular
form, for the licensee's station (and each channel thereof);
(i) The total number of separate subscribers served during the
calendar year;
(ii) The total hours of transmission service rendered during the
calendar year to all subscribers;
(iii) The total hours of transmission service rendered during the
calendar year in the following categories: entertainment, education and
training, public service, data transmission, and other services;
(iv) A list of each period of time during the calendar year in which
a station was not operational due to removal or alteration of equipment
or facilities; and
(v) A list of each period of time during the calendar year in which
the station rendered no service as authorized, if the time period was a
consecutive period longer than 48 hours.
(b) The licensee, by an appropriate corporate officer, controlling
partner, or individual proprietor, must certify this report as to the
accuracy and completeness of the information contained therein.
(c) A copy of each year's report shall be retained in the principal
office of the licensee and shall be readily available to the public for
reference and inspection.
[55 FR 46011, Oct. 31, 1990]
Sec. 21.912 Cable television company eligibility requirements.
(a) Nothwithstanding the provisions of Sec. 21.900 of this part,
initial or modified authorizations for stations in the 2150-2162 MHz and
2596-2680 MHz frequency bands may not be granted to a cable operator if
a portion of the Multipoint Distribution Service (MDS) station's
protected services area is within the portion of the franchise area
actually served by the cable operator's cable system. No cable operator
may acquire such authorization either directly, or indirectly through an
affiliate owned operated, or controlled by or under common control with
a cable operator.
(b) No licensee of a station in this service may lease transmission
time or capacity to a cable operator either directly, or indirectly
through an affiliate owned, operated, controlled by, or under common
control with a cable operator, if a portion of the Multipoint
Distribution Service (MDS) station's protected services area is within
the portion of the franchise area actually served by the cable
operator's cable system.
(c) Applications for new stations, station modifications,
assignments or transfers of control by cable operators of stations in
the 2150-2162 MHz and 2596-2680 MHz frequency bands shall include a
showing that no portion of the protected service area of the MDS station
is within the portion of the franchise area actually served by the cable
operator's cable system, or of any entity indirectly affiliated, owned,
operated, controlled by, or under common control with the cable
operator.
Note 1: (A) In applying the provisions of this section an
attributable ownership interest shall be defined by reference to the
definitions contained in the notes to Sec. 76.501, provided however,
that:
(i) The single majority shareholder provisions of Note 2(b) to
Sec. 76.501 and the limited partner insulation provisions of Note 2(g)
to Sec. 76.501 shall not apply; and
(ii) The provisions of Note 2(a) to Sec. 76.501 regarding five (5)
percent interests shall include all voting or nonvoting stock or limited
partnership equity interests of five (5) percent or more.
(B) The term ``area served by a cable system'' means any area
actually passed by the cable operator's cable system and which can be
connected for a standard connection fee.
(C) As used in this section ``cable operator'' shall have the same
definition as in Sec. 76.5.
Note 2: The Commission will entertain requests to waive the
restrictions in paragraph
[[Page 73]]
(a) of this section where necessary to ensure that all significant
portions of the franchise area are able to obtain multichannel video
service. Such waiver requests should be filed in accordance with special
relief procedures set forth in Sec. 76.7.
(d) The provisions of paragraphs (a) through (c) of this section
will not apply to one MDS or MMDS channel used to provide locally-
produced programming to cable headends. Locally-produced programming is
programming produced in or near the cable operator's franchise area and
not broadcast on a television station available within that franchise
area. A cable operator will be permitted one MDS channel in an MMDS
protected service area for this purpose, and no more than one MDS
channel in an MMDS protected service area may be used by a cable
television company or its affiliate or lessor pursuant to this
paragraph. The licensee for a cable operator providing local programming
pursuant to a lease must include in a notice filed with the Common
Carrier Bureau a cover letter explicitly identifying itself or its
lessee as a local cable operator and stating that the lease was executed
to facilitate the provision of local programming. The first application
or the first lease notification in an area filed with the Commission
will be entitled to the exemption. The limitations on one MDS channel
per party and per area include any cable/MDS operations grandfathered
pursuant to paragraph (f) of this section or cable/ITFS operations
grandfathered pursuant to Sec. 74.931(e) of this chapter.\1\ The cable
operator must demonstrate in its MDS/MMDS application that the proposed
local programming will be provided within one year from the date its
application is granted. Local programming service pursuant to a lease
must be provided within one year of the date of the lease or one year of
grant of the licensee's application for the leased channel, whichever is
later. If an MDS license for these purposes is granted and the
programming is subsequently discontinued, the license will be
automatically forfeited the day after local programming service is
discontinued.
(e) Applications filed by cable television companies, or affiliates,
for MDS channels prior to February 8, 1990, will not be subject to the
prohibitions of this section. Applications filed on February 8, 1990, or
thereafter will be returned. Lease arrangements between cable and MDS
entities for which a lease or a firm agreement was signed prior to
February 8, 1990, will also not be subject to the prohibitions of this
section. Leases between cable television companies, or affiliates, and
MDS/MMDS station licensees, conditional licensees, or applicansts
executed on February 8, 1990, or thereafter, are invalid.
(1) Applications filed by cable operators, or affiliates, for MMDS
channels prior to February 8, 1990, will not be subject to the
prohibitions of this section. Except as provided in paragraph (e)(2)
below, applications filed on February 8, 1990, or thereafter will be
returned. Lease arrangements between cable and MDS entities for which a
lease or a firm agreement was signed prior to February 8, 1990, will
also not be subject to the prohibitions of this section. Except as
provided in paragraph (e)(2) below, leases between cable operators, or
affiliates, and MDS/MMDS station licensees, conditional licensees, or
applicants executed on or before February 8, 1990, or thereafter are
invalid.
(2) Applications filed by cable operators, or affiliates for MDS
channels after February 8, 1990, and prior to October 5, 1992, will not
be subject to the prohibition of this section, if, pursuant to the then
existing overbuild or rural exceptions, the applications were allowed
under the then existing cable/MMDs cross-ownership prohibitions. Lease
arrangements between cable operators and MDS entities for which a lease
or firm agreement was signed after February 8, 1990, and prior to
October 5, 1992, will not be subject to the prohibitions of this
section, if, pursuant to the then existing rural and overbuild
exceptions, the lease arrangements were allowed.
(3) The limitations on cable television ownership in this section do
not apply to any cable operator in any franchise area in which a cable
operator is subject to effective competition as determined under section
623(l) of the Communications Act.
[[Page 74]]
(f) Interested persons may file a petition to deny an application
filed pursuant to paragraph (d) of this section within 30 days after the
Commission gives public notice that the application or petition has been
filed. Petitions must be served upon the applicant, and must contain a
complete and detailed showing, supported by affidavit, of any facts or
considerations relied upon. The applicant may file an opposition to the
petition to deny within 30 days after the filing of the petition, and
must serve copies upon all persons who have filed petitions to deny. The
Commission, after consideration of the pleadings, will determine whether
the public interest, convenience and necessity would be served by the
grant or denial of the application, in whole or in part. The Commission
may specify other procedures, such as oral argument, evidentiary hearing
or further written submission directed to particular aspects, as it
deems appropriate.
Notes: In these grandfathered situations, we will consider granting
waivers to permit the use of a second MDS channel for the delivery of
locally produced programming. Because allocating a second channel to
this use would further reduce the channel capacity available for
wireless cable service, we will require an applicant for the second
channel to demonstrate, at a minimum, that it is ready and able to
provide additional locally produced programming to area cable systems,
and that no other practical means of delivering the programming are
available to it. In considering requests for waiver, we will also take
into account the competitive environment for the production and delivery
of locally produced programming in the relevant markets.
[55 FR 46011, Oct. 31, 1990, as amended at 56 FR 57818, Nov. 14, 1991;
58 FR 42018, Aug. 6, 1993; 58 FR 45064, Aug. 26, 1993; 61 FR 15387, Apr.
8, 1996]
Sec. 21.913 Signal booster stations.
(a) Authorizations for Multipoint Distribution Service (MDS) booster
stations may be granted to an MDS applicant, conditional licensee or
licensee, to an Instructional Television Fixed Service (ITFS) applicant,
permittee or licensee, or to a third party with a fully-executed lease
agreement with an MDS or ITFS applicant, conditional licensee,
permittee, or licensee. A signal booster station may not extend service
beyond the boundaries of an MDS station's protected service area. No
booster station may be authorized for the retransmission of signals from
an MDS, ITFS, or OFS station without the written consent of the licensee
of the station whose signals are retransmitted.
(b) In addition to the other application requirements of this part,
each application for a signal booster station that would retransmit an
MDS signal must certify that the proposed booster station site is within
the protected service area, as defined in Secs. 21.902(d) and 21.933, of
the MDS station.
(c) In addition to the other application requirements of this part,
each application for a signal booster station that would retransmit an
MDS signal must state in the application that it has prepared a study
which demonstrates that the power flux density at the edge of the MDS
protected service area does not exceed -73.0 dBW/m2 at
locations for which there is an unobstructed signal path to the
boundary.
(d) In addition to the other application requirements of this part,
each application for a signal booster station must state in the
application that is has prepared a study which demonstrates that the
proposed booster station will cause no harmful interference to co-
channel and adjacent-channel existing or previously-proposed ITFS and
MDS stations with transmitters within 80.5 kilometers (50 miles) of the
proposed booster station's transmitter site.
(e) In addition to the other application requirements of this part,
each application must include a written consent statement of the
licensee of each MDS, ITFS, and OFS station whose signal is
retransmitted.
(f) The output power of the signal booster transmitter station must
not exceed 18 dBW EIRP.
(g) An MDS or ITFS licensee may install and commence operation of a
signal booster station that has a maximum power level of -9 dBW EIRP and
that does not extend service beyond the boundaries of an MDS station's
protected service area or beyond an
[[Page 75]]
ITFS licensee's registered receive site, subject to the condition that
for sixty (60) days after installation, no objection or petition to deny
is filed by an authorized co-channel or adjacent channel ITFS or MDS
station with a transmitter within 8.0 kilometers (5 miles) of the
coordinates of the primary transmitter of the signal booster. An MDS or
ITFS licensee seeking to install a signal booster under this Section
must, within 48 hours after installation, submit a certification that:
(1) The maximum power level of the signal booster transmitter does
not exceed -9 dBW EIRP;
(2) A description of the signal booster technical specifications
(including antenna gain and azimuth), the coordinates of the booster and
receivers, and the street address of the signal booster;
(3) No registered receiver of an ITFS E or F channel station,
constructed prior to May 26, 1983, is located within a 1.6 kilometer (1
mile) radius of the coordinates of the booster, or in the alternative,
that a consent statement has been obtained from the affected ITFS
licensee;
(4) No environmental assessment location as defined at Sec. 1.1307
of this chapter is affected by installation and/or operation of the
signal booster;
(5) Each MDS and/or ITFS station licensee with protected service
areas or registered receivers within a 8.0 kilometer (5 mile) radius of
the coordinates of the booster has been given notice of its
installation;
(6) Consent has been obtained from each MDS or ITFS station licensee
whose signal is repeated by the signal booster;
(7) The signal booster site is within the protected service area of
the MDS station, if the signal of an MDS station is repeated;
(8) The power flux density at the edge of the MDS station's
protected service area does not exceed -73.0 dBW/m2, if the
signal of an MDS station is repeated;
(9) The antenna structure will extend less than 6.10 meters (20
feet) above the ground or natural formation or less than 6.10 meters (20
feet) above an existing manmade structure (other than an antenna
structure); and
(10) The MDS or ITFS licensee understands and agrees that in the
event harmful interference is claimed by the filing of an objection or
petition to deny, the licensee must terminate operation within two (2)
hours of written notification by the Commission, and must not recommence
operation until receipt of written authorization to do so by the
Commission.
[55 FR 46012, Oct. 31, 1990, as amended at 56 FR 57599, Nov. 13, 1991;
58 FR 11798, Mar. 1, 1993; 58 FR 44896, Aug. 25, 1993; 60 FR 36554, July
17, 1995]
Sec. 21.914 Mutually-exclusive MDS applications.
Notwithstanding the provisions of Sec. 21.31 (b)(2)(i) and (ii) of
this part, to be entitled to be included in a random selection process
or to comparative consideration with one or more conflicting
applications, an application for frequencies at 2150-2162 MHz, 2596-2644
MHz, 2650-2656 MHz, 2662-2668 MHz, or 2674-2680 MHz must be received by
the Commission in a condition acceptable for filing on the same calendar
day as the first of the conflicting applications is received by the
Commission in a condition acceptable for filing.
[55 FR 46012, Oct. 31, 1990, as amended at 56 FR 57819, Nov. 14, 1991]
Sec. 21.915 One-to-a-market requirement.
Each applicant may file only a single Multipoint Distribution
Service application for the same channel or channel group in each area.
The stockholders, partners, owners, trustees, beneficiaries, officers,
directors, or any other person or entity holding, directly or
indirectly, any interest in one applicant or application for an area and
channel or channel group, must not have any interest, directly or
indirectly, in another applicant or application for that same area and
channel or channel group.
[58 FR 11799, Mar. 1, 1993]
Sec. 21.920 Applicability of cable television EEO requirements to MDS and MMDS facilities.
Notwithstanding other EEO provisions within Sec. 1.815 of this
chapter and Sec. 21.307, an entity that uses an owned or
[[Page 76]]
leased MDS, MMDS and/or ITFS facility to provide more than one channel
of video programming directly to the public must comply with the equal
employment opportunity requirements set forth in part 76, subpart E of
this chapter, if such entity exercises control (as defined in part 76,
subpart E of this chapter) over the video programming it distributes.
[58 FR 42249, Aug. 9, 1993]
Sec. 21.921 Basis and purpose for electronic filing and competitive bidding process.
(a) Basis. The rules for competitive biding procedures for the
Multipoint Distribution Service (MDS) in this part are promulgated under
the provisions of the Communications Act of 1934, as amended, which
vests authority in the Federal Communications Commission to regulate
radio transmission and to issue licenses for radio stations, and
Sec. 309(j) of the Act, which vests authority in the Commission to
conduct competitive bidding.
(b) Purpose. This part states the conditions under which portions of
the radio spectrum are made available and licensed for Multipoint
Distribution Service via the competitive bidding procedures.
(c) Scope. The rules in this part apply only to authorizations and
station licenses granted under the competitive bidding procedures of
this section. This subpart contains some of the procedures and
requirements for the issuance of authorizations to construct and operate
multipoint distribution services. One also should consult part 1,
subpart Q of the Commission's rules, Secs. 21.1 through 21.406 and
21.900 through 21.920 of this part, and other Commission rules of
importance with respect to the licensing and operation of MDS stations.
[60 FR 36554, July 17, 1995]
Sec. 21.922 Authorized frequencies.
The frequencies in the MDS service through the competitive bidding
process are in the frequency allocations table of Sec. 21.901 of this
part.
[60 FR 36555, July 17, 1995]
Sec. 21.923 Eligibility.
Any individual or entity, other than those precluded by Secs. 21.4
and 21.912 of this part, is eligible to receive a Basic Trading Area
(BTA) authorization and a station license for each individual MDS
station within the BTA. There is no restriction on the number of BTA
authorizations or MDS station licenses, including multiple cochannel
station licenses, sought by or awarded to a qualified individual or
entity.
[60 FR 36555, July 17, 1995]
Sec. 21.924 Service areas.
(a) MDS service areas are regional Basic Trading Areas (BTAs) which
are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide,
123rd Edition, at pages 38-39. The BTA Map is available for public
inspection at the public reference room, Multipoint Distribution
Service, Video Services Division, Mass Media Bureau, Room 207, 2033 M
Street, NW., Washington, DC.
(b) The following additions will be available for licensing
separately as BTA-like areas: American Samoa; Guam; Northern Mariana
Islands; San Juan, Puerto Rico; Mayaguez/Aguadilla-Ponce, Puerto Rico;
and the United States Virgin Islands.
(c) The area within the boundaries of a BTA to which a BTA
authorization holder may provide Multipoint Distribution Service
excludes the protected service areas of any incumbent MDS stations and
previously proposed and authorized ITFS facilities, including registered
receive sites.
[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]
Sec. 21.925 Applications for BTA authorizations and MDS station licenses.
(a)(1) An applicant must file a short-form application and, when
necessary, the short-form application supplement, identifying each BTA
service authorization sought.
(2) For purposes of conducting competitive bidding procedures,
short-form applications are considered to be mutually exclusive with
each other if they were filed for, and specified, the same BTA service
area.
(b) Separate long-form applications must be filed for each
individual MDS
[[Page 77]]
station license sought within its the protected service area of a BTA or
PSA, including:
(1) An application for each E-channel group, F-channel group, and
single H, 1, and 2A channel station license sought;
(2) An application for authority to operate at an MDS station in the
area vacated by an MDS station incumbent that has forfeited its station
license; and
(3) An application for each ITFS-channel group station license
sought in accordance with Secs. 74.990 and 74.991.
(c) The Commission shall grant BTA authorizations to auction winners
as set forth in Sec. 21.958.
(d) No long-form application filed by the BTA authorization holder
will be accepted prior to completion of the competitive bidding process
and no long-form application will be granted until expiration of the 30-
day petition to deny period following the public notice listing of the
application as being accepted for filing
(e) Applicants may use the electronic filing procedures to file both
the Multipoint Distribution Service short-form and long-form
applications with the Commission.
[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]
Sec. 21.926 Amendments to long-form applications.
(a) A Multipoint Distribution Service long-form application may be
amended as a matter of right up to the date of the public notice
announcing the application has been accepted for filing provided that:
(1) The proposed amendments do not amount to more than a pro forma
change of ownership and control;
(2) The Commission has not otherwise forbidden the amendment of
pending applications.
(b) Requests to amend a long-form application placed on public
notice as being accepted for filing may be granted only if a written
petition demonstrating good cause is submitted and properly served on
the parties of record.
[60 FR 36555, July 17, 1995]
Sec. 21.927 Sole bidding applicants.
Where the deadline for filing MDS short-form applications has
expired and a particular BTA service area has been specified in a single
short-form application only, the applicant shall be named the auction
winner for that BTA authorization.
[60 FR 36555, July 17, 1995]
Sec. 21.928 Acceptability of short- and long-form applications.
The acceptability of short- and long-form applications will be
determined according to the requirements of Secs. 21.13, 21.15, 21.20,
21.21 and 21.952.
[60 FR 36555, July 17, 1995]
Sec. 21.929 Authorization period for station licenses.
(a)(1) A BTA authorization will be granted for a term of ten years,
terminating ten years from the date of the Commission declared bidding
closed in the MDS auction.
(2) A BTA authorization shall automatically terminate without
further notice to the licensee upon expiration of the ten-year license
term unless prior thereto an application for renewal of such license has
been filed with the Commission.
(b) Notwithstanding Sec. 21.45, each new MDS station licensed within
a BTA or PSA will be granted for a term of ten years, terminating ten
years from the date the Commission declared bidding closed in the MDS
auction.
[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]
Sec. 21.930 Five-year build-out requirements.
(a)(1) A BTA authorization holder has a five-year build-out period,
beginning on the date of the grant of the BTA authorization and
terminating on the 5th year anniversary of the grant of the
authorization, within which it may develop and expand MDS station
operations within its service area.
(2) This period is not extended by the grant of subsequent
authorizations (i.e., grant of a station license or modification).
[[Page 78]]
(3) Timely certifications of completion of construction for each MDS
station within a BTA or partitioned service area must be filed upon
completion of construction of a station.
(b) Each BTA authorization holder has the exclusive right to build,
develop, expand and operate MDS stations within its BTA service area
during the five-year build-out period. The Commission will not accept
competing applications for MDS station licenses within the BTA service
area during this period.
(c)(1) Within five years of the grant of a BTA authorization, the
authorization holder must construct MDS stations to provide signals
pursuant to Sec. 21.907 that are capable of reaching at least two-thirds
of the population of the applicable service area, excluding the
populations within protected service areas of incumbent stations.
(2) Sixty days prior to the end of the five-year build out period,
the BTA authorization holder must file with the Commission proof that
demonstrates the holder has met the requirements of Sec. 21.930(c)(1).
The most recent census figures available from the U.S. Department of
Commerce, Bureau of Census prior to the expiration of the authorization
holder's five-year build-out period will be used to determine compliance
with population-based requirements. In no event shall census figures
gathered prior to 1990 be used.
(d)(1) If the Commission finds that the BTA authorization holder has
demonstrated that it has met the requirements of Sec. 21.930(c)(1), the
Commission will issue a declaration that the holder has met such
requirements.
(2) If the Commission finds that the BTA authorization holder has
not provided a signal as required in Sec. 21.930(c)(1), the Commission
shall partition from the BTA any unserved area, using county lines as a
guide, and shall re-authorize service to the unserved area pursuant to
the MDS competitive bidding procedures of this subpart. Applications for
such unserved areas are not acceptable for filing until a filing date is
announced through a public notice.
(i) The competitive bidding procedures set forth in Secs. 21.950 to
21.961 shall be followed by applicants seeking authority to provide MDS
service to the unserved partitioned area.
(ii) The BTA authorization holder originally authorized to provide
service is ineligible to participate in the competitive bidding process
for the unserved areas partitioned from its BTA.
[60 FR 36555, July 17, 1995]
Sec. 21.931 Partitioned service areas (PSAs).
(a)(1) The holder of a BTA authorization may enter into contracts
with eligible parties to partition any portion of its service area
according to county boundaries, or according to other geopolitical
subdivision boundaries, or multiple contiguous counties or geopolitical
subdivisions within the BTA service area.
(2)(i) Partitioning contracts must be filed with the Commission
within 30 days of the date that such agreements are reached.
(ii) The contracts must include descriptions of the areas being
partitioned and include any documentation necessary to convey to the
Commission the precise boundaries of the partitioned area.
(3) Parties to partitioning contracts must file concurrently with
such contracts one of the following, where appropriate:
(i) An MDS long-form application for authority to operate a new MDS
station within the PSA;
(ii) Applications for assignment or transfer of existing stations
with the PSA; or
(iii) A statement of intention as defined in Sec. 21.956(a) along
with a completed FCC Form 430.
(b) The eligibility requirements applicable to BTA authorization
holders also apply to those individuals and entities seeking PSA
authorizations.
(c) Any individual or entity acquiring the rights to a partitioned
area of a BTA also acquires the rights to any previously authorized
individual stations located within the partitioned area that were held
by the previous authorization holder, provided that grantable
applications for assignment and transfer of control, FCC Forms 702 and
704, are filed for existing stations and that acceptable amendments to
[[Page 79]]
pending long-form applications are filed. Pending long-form applications
filed by the previous authorization holder for transmitter sites within
the PSA may also be dismissed without prejudice at the applicant's
request.
(d) Authorizations for PSAs will be issued in accordance with
Sec. 21.958; however, when individual stations within an PSA are
assigned along with the partitioned area, the authorization will be
granted concurrently with the grant of the applications for assignment
and transfer of the existing stations.
(e) Subsequent to issuance of the authorization for a PSA, thee
partitioned area will be treated as a separate protected service area.
(f)(1) When any area within a BTA becomes a PSA, the remaining
counties and other geopolitical subdivisions within that BTA will also
be subsequently treated and classified as a PSA(s).
(2) At the time a BTA is partitioned, the Commission shall cancel
the BTA authorization initially issued and issue a PSA authorization to
the former BTA authorization holder.
(g) The duties and responsibilities imposed upon BTA authorization
holders in this part and throughout the Commission's rules, such as
Sec. 21.930(c)(1), apply to the holders of PSA authorizations.
(h) The build-out period for PSAs voluntarily partitioned shall be
the remainder of the five-year build-out period applicable to the BTA or
PSA from which the PSA was drawn. For PSA authorizations issued pursuant
to Sec. 21.930(d)(2) and the competitive bidding process, the build-out
period is five years, beginning on the date of the grant of the PSA
authorization. The requirements of Sec. 21.930(c)(1) also apply to the
holders of authorizations for PSAs.
[60 FR 36556, July 17, 1995]
Sec. 21.932 Forfeiture of incumbent MDS station licenses.
(a) If the license for a incumbent MDS station is forfeited, absent
the filing and grant of a petition for reinstatement pursuant to
Sec. 21.44(b), the 56.33 km (35 mile) protected service area of the
incumbent station shall dissolve and the protected service area shall
become part of the BTA or PSA surrounding it.
(b) If upon forfeiture the protected service area of a forfeited
license extends across the boundaries of more than one BTA or PSA, the
portions of the protected service area of the incumbent station shall
merge with the overlapping BTAs or PSAs.
(c) The holder of the authorization for the BTA or PSA with which
the service area of the forfeited incumbent station has merged has the
exclusive right to file a long-form application to operate a station
within the merged area and may modify the locations of its stations to
serve the forfeited area.
[60 FR 36556, July 17, 1995]
Sec. 21.933 Protected service areas.
(a) The stations licensed to the holder of a BTA authorization shall
have a protected service area that is coterminous with the boundaries of
that BTA, subject to the exclusion of the 56.33 km (35 mile) protected
service area of incumbent MDS stations and of previously proposed and
authorized ITFS facilities within that BTA, even if these protected
service areas extend into adjacent BTAs. The protected service area also
includes registered receive sites.
(b) The stations licensed to the holder of a PSA authorization shall
have a protected service area that is coterminous with the boundaries of
the counties or other geopolitical subdivisions comprising the PSA,
subject to the exclusion of the 56.33 km (35 mile) protected service
area of incumbent MDS stations and of previously proposed and authorized
ITFS facilities within that PSA, even if these protected service areas
extend into adjacent BTAs. The protected service area also includes
registered receive sites.
[60 FR 57367, Nov. 15, 1995]
Sec. 21.934 Assignment or transfer of control of BTA authorizations.
(a)(1) A BTA or PSA authorization holder seeking approval for a
transfer of control or assignment of its authorization within three
years of receiving such authorization through a competitive bidding
procedure must, together
[[Page 80]]
with its application for transfer of control or assignment, file with
the Commission a statement indicating that its authorization was
obtained through competitive bidding.
(2) Such applicant must also file with the Commission the associated
contracts for sale, option agreements, management agreements, or other
documents disclosing the total consideration that the applicant would
receive in return for the transfer or assignment of its authorization.
This information should include not only a monetary price, but also any
future, contingent, in-kind, or other consideration (e.g., management or
consulting contracts either with or without an option to purchase; below
market financing).
(b) Transfers of control or assignments of BTA or PSA authorizations
are subject to the limitations of Secs. 21.4, 21.900 and 21.912 of this
subpart.
(c) The anti-trafficking provision of Sec. 21.39 does not apply to
the assignment or transfer of control of a BTA or PSA authorization,
which was granted pursuant to the Commission's competitive bidding
procedures.
[60 FR 36556, July 17, 1995]
Sec. 21.935 Assignment or transfer of control of station licenses within a BTA.
Licenses for individual stations within a BTA or PSA area issued to
authorization holders may not be transferred or assigned unless they are
acquired as part of a PSA.
[60 FR 36557, July 17, 1995]
Sec. 21.936 Cancellation of authorization.
(a) The Commission may revoke or cancel a BTA or PSA authorization
for gross misconduct, misrepresentation or bad faith on the part of the
authorization holder.
(b) Cancellation of a BTA or PSA authorization shall result in
termination of any rights the authorization holder holds in individual
proposed or authorized stations within the BTA or PSA.
[60 FR 36557, July 17, 1995]
Sec. 21.937 Negotiated interference protection.
(a) The level of acceptable electromagnetic interference that occurs
at or within the boundaries of BTAs, PSAs, or an incumbent MDS station's
56.33 km (35 mile) protected service area can be negotiated and
established by an agreement between the appropriate parties, provided
that:
(1) The parties to such an agreement file with the Commission a
written statement of no objection, acknowledging that the parties have
agreed to accept a level of interference that does not meet the
protection standards set forth in Secs. 21.902 or 21.938 of the
Commission's rules;
(2) The statement bears the signatures of all parties to the
agreement, or the signatures of their representative agents; and
(3) The statement is filed with the Commission within 30 days of its
ratification or file in conjunction with an application with which the
agreement is associated, whichever is earliest.
[60 FR 36557, July 17, 1995]
Sec. 21.938 BTA and PSA technical and interference provisions.
(a) BTA or PSA authorization holders are expected to cooperate with
one another by designing their stations in a manner that protects
service in adjoining BTAs and PSAs including consideration of
interference abatement techniques such as cross polarization, frequency
offset, directional antennas, antenna beam tilt, EIRP decrease,
reduction of antenna height, and terrain shielding.
(b) Unless the affected parties have executed a written interference
agreement in accordance with Sec. 21.937, stations licensed to a BTA or
PSA authorization holder must not cause harmful electromagnetic
interference to the following:
(1) The protected service area of other authorization holders in
adjoining BTAs or PSAs.
(2) The 56.33 km (35 mile) protected service areas of authorized or
previously proposed MDS stations (incumbents).
(3) Registered receive sites and protected service areas of
authorized or previously proposed stations in the Instructional
Television Fixed Service pursuant to the manner in which interference is
defined in Sec. 74.903(a).
[[Page 81]]
(c)(1) ITFS applicants may locate a new station in an unused portion
of a BTA or PSA where interference to a previously-proposed or
authorized MDS station of a BTA or PSA authorization holder would not be
predicted.
(2) With respect to ITFS applications only and for purposes of
determining the existence of harmful electromagnetic interference as
caused to MDS stations licensed to BTA or PSA authorization holders by
subsequently proposed ITFS stations within that BTA, MDS stations
licensed to BTA and PSA authorization holders and will have a protected
service area of 56.33 km (35 miles), centered on the antenna site of the
MDS stations.
(3) The 56.33 km (35 mile) protected service area afforded to a
previously-proposed or authorized MDS station of a BTA or PSA
authorization holder with respect to a subsequently proposed ITFS
station is entitled to the interference protection standards of
Sec. 21.902.
(4) An ITFS station authorized before September 15, 1995 may be
modified, provided the power flux density of that station does not
exceed -73 dBw/m2 at locations along the 56.33 km (35 mile) circle
centered on the then-existing transmitting antenna site or service area
of collocated incumbent MDS station, as applicable.
(d) Unless the affected parties have executed a written interference
agreement in accordance with Sec. 21.937, it shall be the responsibility
of a BTA or PSA authorization holder to correct at its expense any
condition of harmful electromagnetic interference caused to authorized
MDS service at locations within other BTAs or PSAs or within the 56.33
km (35 mile) protected service areas of authorized or previously
proposed ITFS and MDS stations (incumbents), or at authorized or
previously proposed ITFS receive sites.
(e) Unless specifically expected, BTA or PSA authorization holders
are governed by the interference protection and other technical
provisions applicable to the Multipoint Distribution Service.
(f) The calculated free space power flux density from an MDS
station, other than an incumbent MDS station, may not exceed -73 dBW/m2
at locations on BTA or PSA boundaries for which there is an unobstructed
signal path from the transmitting antenna to the boundary, unless the
applicant has obtained the written consent of the authorization holder
for the adjoining BTA or PSA.
(g)(1) Authorization holders for BTAs or PSAs must notify
authorization holders of adjoining areas of their application filings
for new or modified stations; provided the proposed facility would
produce an unobstructed signal path anywhere within the adjoining BTA or
PSA.
(2) This service of written notification must include a copy of the
FCC application and occur on or before the date the application is filed
with the Commission.
(3) With regard to incumbent MDS stations, authorization holders for
BTAs or PSAs must comply with the requirements of Sec. 21.902.
(h) Where a PSA adjoins a BTA and both authorizations are held by
the same individual or entity, the PSA shall be considered an extension
of the protected service area of the BTA regarding the interference
protection, limiting signal strength, and notification provisions of
this section.
[60 FR 36557, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]
Sec. 21.939 Harmful interference abatement.
In the event harmful interference occurs or appears to occur, after
notice and an opportunity for a hearing, Commission staff may require
any Multipoint Distribution Service conditional licensee or licensee to:
(a) Modify the station to use cross polarization, frequency offset
techniques, directional antenna, antenna beam tilt, or
(b) Order an equivalent isotropically radiated power decrease, a
reduction of transmitting antenna height, a change of antenna location,
a change of antenna radiation pattern, or a reduction in aural signal
power.
[60 FR 36557, July 17, 1995]
[[Page 82]]
Sec. 21.940 Non-subscription MDS service.
The Commission must be notified, and prior Commission approval
obtained, before Multipoint Distribution Service or Multichannel
Multipoint Distribution Service may be provided on a non-subscription
basis.
[63 FR 29668, June 1, 1998]
Secs. 21.941--21.949 [Reserved]
Sec. 21.950 MDS subject to competitive bidding.
Mutually exclusive MDS initial applications are subject to
competitive bidding. The general procedures set forth in 47 CFR chapter
I, part 1, subpart Q are applicable to competitive bidding proceedings
used to select among mutually exclusive MDS applicants, unless otherwise
provided in 47 CFR chapter I, part 21, subpart K.
[60 FR 36557, July 17, 1995]
Sec. 21.951 MDS competitive bidding procedures.
(a) The following competitive bidding procedures will generally be
used in MDS auctions. Additional, specific procedures may be set forth
by public notice. The Commission may also design and test alternative
procedures. See 47 CFR 1.2103 and 1.2104.
(1) Competitive bidding design. Simultaneous multiple round bidding
will be used in MDS auctions, unless the Commission specifies by public
notice the use of sequential oral (open outcry) bidding or sealed
bidding (either sequential or simultaneous). Combinatorial bidding may
also be used with any type of auction design.
(2) Competitive bidding mechanisms. The Commission may utilize the
following mechanisms in MDS auctions:
(i) Sequencing. The Commission will establish and may vary the
sequence in which the BTA service areas will be auctioned.
(ii) Grouping. In the event the Commission uses either a
simultaneous multiple round competitive bidding design or combinational
bidding, the Commission will determine which BTA service areas will be
auctioned simultaneously or in combination.
(iii) Reservation price. The Commission may establish a reservation
price, either disclosed or undisclosed, below which a BTA service area
subject to auction will not be awarded.
(iv) Minimum bid increments. The Commission will, by announcement
before or during an MDS auction, require minimum bid increments in
dollar or percentage terms.
(v) Stopping rules. The Commission will establish stopping rules
before or during multiple round MDS auctions in order to terminate an
auction within a reasonable time.
(vi) Activity Rules. The Commission will establish activity rules
which require a minimum amount of bidding activity. In the event that
the Commission establishes an activity rule in connection with a
simultaneous multiple round auction, the Commission will allow bidders
to request and to receive automatically waivers of such rule, the number
of which will be determined by the Commission.
(vii) Suggested minimum bid. The Commission may establish suggested
minimum bids on each BTA service area subject to auction. Bids below the
suggested minimum bid would count as activity under the activity rule
only if no bids at or above the suggested minimum bid are received.
(b) Identities of bidders. The Commission will generally release
information concerning the identities of bidders before each auction but
may choose, on an auction-by-auction basis, to withhold the identity of
the bidders associated with bidder identification numbers. The
Commission will announce by public notice before the MDS auction where
the bidders' identities will be revealed.
(c) Commission control of auction. The Commission may delay,
suspend, or cancel an MDS auction in the event of a natural disaster,
technical obstacle, evidence of security breach, unlawful bidding
activity, administrative necessity, or for any other reason that affects
the fair and efficient conduct of the competitive bidding. The
Commission also has the authority, at its sole discretion, to resume the
competitive bidding starting from the beginning of the current or some
previous round or cancel the competitive bidding in its entirety.
[60 FR 36557, July 17, 1995]
[[Page 83]]
Sec. 21.952 Bidding application procedures.
(a) Short-form applications. To participate in MDS auctions, all
applicants must submit short-form applications, along with all required
certifications and exhibits specified by such forms, pursuant to the
provisions of Sec. 1.2105(a) and any Commission public notices. See 47
CFR 1.2105(a).
(b) Filing of short-form applications. Prior to any MDS auction, the
Commission will issue a public notice announcing the availability of BTA
service areas and, in the event that mutually exclusive short-form
applications (as defined by Sec. 21.925(a)(2)) are filed, the date of
the auction for those BTA service areas. This public notice also will
specify the date on or before which applicants intending to participate
in an MDS auction must file their short-form applications in order to be
eligible for that auction, and it will contain information necessary for
completion of the application as well as other important information
such as the material which must accompany the forms, any filing fee that
must accompany the application or any upfront payment that will need to
be submitted, and the location where the application must be filed.
(c) Modification and dismissal of short-form applications.
(1) Any short-form application that is not signed in some manner or
form, including by electronic means, and does not contain all requisite
certifications is unacceptable for filing and cannot be corrected
subsequent to any applicable filing deadline. Such short-form
application will be dismissed with prejudice.
(2) The Commission will provide bidders a limited opportunity to
cure certain defects specified herein and to resubmit an amended short-
form application. For MDS, we classify all amendments to a short-form
application as major, except those to correct minor errors or defects,
such as typographical errors, or those to reflect ownership changes or
formation of bidding consortia or joint bidding arrangements
specifically permitted under Sec. 21.953. A short-form application may
be modified to make minor amendments. However, applicants who fail to
correct defects in their short-form applications in a timely manner as
specified by public notice will have their applications dismissed with
no opportunity for resubmission.
(3) A short-form application will be considered to be a newly filed
application if it is amended by a major amendment and may not be
resubmitted after applicable filing deadlines.
[60 FR 36558, July 17, 1995]
Sec. 21.953 Prohibition of collusion.
(a) Except as provided in paragraphs (b), (c) and (d) of this
section, after the filing of short-form applications, all applicants in
an MDS auction are prohibited from cooperating, collaborating,
discussing or disclosing in any manner the substance of their bids or
bidding strategies, or discussing or negotiating settlement agreements,
with other applicants until after the winning bidder makes the required
down payment, unless such applicants are members of a bidding consortium
or other joint bidding arrangement identified on the applicant's short-
form application. Communications among applicants concerning matters
unrelated to the MDS auction will be permitted after the filing of
short-form applications.
(b) Applicants may modify their short-form applications to reflect
formation of consortia or changes in ownership at any time before or
during an auction, provided such changes do not result in a change in
control of the applicant, and provided that the parties forming
consortia or entering into ownership agreements have not applied for the
same BTA service area.
(c) After the filing of short-form applications, applicants may make
agreements to bid jointly for BTA service areas, provided the parties to
the agreement have not applied for the same service areas.
(d) After the filing of short-form applications, a holder of a non-
controlling attributable interest in an entity submitting a short-form
application may, under the circumstances specified in Sec. 1.2105(c)(4),
acquire an ownership interest in, form a consortium with, or enter into
a joint bidding arrangement with, other applicants for the same BTA
service areas. See 47 CFR 1.2105(c)(4).
[[Page 84]]
(e) To reflect the changes in ownership or in the membership of
consortia or joint bidding arrangements specified in paragraphs (b), (c)
and (d) of this section, applicants must amend their short-form
applications by submitting a revised short-form application, filed
within two business days of any such change; such modifications will not
be considered major amendments of the applications within the meaning of
Sec. 21.952(c)(2). However, any amendment which results in the change of
control of an applicant will be considered a major amendment of the
short-form.
(f) For purposes of this section, the terms ``applicant'' and ``bids
or bidding strategies'' are defined as set forth in 47 CFR 1.2105(c)(5).
[60 FR 36558, July 17, 1995]
Sec. 21.954 Submission of up front payments.
(a) The Commission will require applicants to submit an upfront
payment prior to the MDS auction. The amount of the upfront payment for
each BTA service area being auctioned and the procedures for submitting
it will be set forth in a public notice. Upfront payments may be made by
wire transfer or by cashier's check drawn in U.S. dollars from a
financial institution whose deposits are insured by the Federal Deposit
Insurance Corporation and must be made payable to the Federal
Communications Commission. No interest will be paid on upfront payments.
(b) For MDS auctions, the Commission will require each applicant to
submit an upfront payment equal to the largest combination of activity
units (as defined in the Commission's activity rules established
pursuant to Sec. 21.951(a)(2)(vi)) associated with the BTAs on which the
applicant anticipates being active in any single round or bidding.
Applicants who are small businesses eligible for reduced upfront
payments will be required to submit an upfront payment amount in
accordance with Sec. 21.960(c). If an upfront payment is not in
compliance with the Commission's rules, or if insufficient funds are
tendered to constitute a valid upfront payment, the applicant shall have
a limited opportunity to correct its submission to bring it up to the
minimum valid upfront payment prior to the auction. An applicant who
fails to submit a sufficient upfront payment to qualify it to bid on any
BTA service area being auctioned will be ineligible to bid, its
application will be dismissed, and any upfront payment it has made will
be returned.
(c) The upfront payment(s) of a bidder will be credited toward any
down payment required for the BTA service areas on which the bidder is
the winning bidder. Where the upfront payment amount exceeds the
required down payment of a winning bidder, the Commission may refund the
excess amount after determining that no bid withdrawal payments are
owned by that bidder. In the event a payment is assessed pursuant to
Sec. 21.959(a) for bid withdrawal or default, upfront payments or down
payments on deposit with the Commission will be used to satisfy the bid
withdrawal or default payment before being applied toward any additional
payment obligations that the winning bidder may have.
[60 FR 36559, July 17, 1995]
Sec. 21.955 Submission of down payments
(a) After bidding has ended on all BTA service areas, the Commission
will identify and notify the winning bidders and declare the bidding
closed in the MDS auction. Within five (5) business days after being
notified that it is a winning bidder on a particular BTA service
area(s), a winning bidder must submit to the Commission's lockbox bank
such additional funds as are necessary to bring its total deposits
(upfront payment plus down payment) up to twenty (20) percent of its
winning bid(s). This down payment may be made by wire transfer or by
cashier's check in U.S. dollars from a financial institution whose
deposits are insured by the Federal Deposit Insurance Corporation and
must be made payable to the Federal Communications Commission.
(b) Winning bidders who are small businesses eligible for
installment payments under Sec. 21.960(b) are only required to bring
their total deposits up to ten (10) percent of their winning bids. Such
small businesses must pay
[[Page 85]]
the remainder of the twenty (20) percent down payment within five (5)
business days following release of the public notice stating that their
BTA authorizations are ready to be issued.
(c) Down payments will be held by the Commission until the winning
bidder has been issued its BTA authorization and has paid the remaining
balance of its winning bid, in which case it will not be returned, or
until the winning bidder is found unqualified to be a station licensee
or has defaulted, in which case it will be returned, less applicable
default payments. No interest will be paid on any down payment.
[60 FR 36559, July 17, 1995]
Sec. 21.956 Filing of long-form applications or statements of intention.
(a)(1) Within 30 business days of being notified of its status as a
winning bidder, each winning bidder for a BTA service area will be
required to submit either:
(i) An initial long-form application for an MDS station license,
along with any required exhibits; or
(ii) A statement of intention with regard to the BTA service area,
along with any required exhibits, showing the encumbered nature of the
BTA, identifying all previously authorized or proposed MDS and ITFS
facilities, and describing in detail the winning bidder's plan for
obtaining the previously authorized and/or proposed MDS stations within
the BTA.
(2) A winning bidder that fails to submit either the initial long-
form application or statement of intention as required under this
section, and fails to establish good cause for any late-filed
application or statement, shall be deemed to have defaulted and will be
subject to the payments set forth in Sec. 21.959(a).
(b) Each initial long-form application for an MDS station license
within an auction winner's BTA service area, and each statement of
intention with regard to an auction winner's BTA service area, must also
include the following:
(1) FCC Form 430;
(2) An exhibit detailing the terms and conditions and parties
involved in any bidding consortia, joint venture, partnership or other
agreement or arrangement the winning bidder had entered into relating to
the competitive bidding process prior to the time bidding was completed
(see 47 CFR 1.207(d));
(3) An exhibit complying with 47 CFR 1.2110(i) and 21.960(e), if the
winning bidder submitting the long-from application or statement of
intention claims status as a designated entity.
(c) Subsequent long-form applications for additional MDS station
licenses within the BTA service areas of winning bidders may be
submitted at any time during the five year build-out period and need not
contain the exhibits specified in paragraphs (b)(2) through (3) of this
section.
[60 FR 36559, July 17, 1995, as amended at 61 FR 18098, Apr. 24, 1996]]
Sec. 21.957 Petitions to deny against long-from applications; comments on statements of intention.
(a) Within thirty (30) days after the Commission gives public notice
that a long-form application for an MDS station license submitted by a
winning bidder within its BTA service area has been accepted for filing,
petitions to deny that application may be filed. Any such petitions and
oppositions thereto must comply with the requirements of 47 CFR 1.2108
and 21.30.
(b) Parties wishing to comment on or oppose the issuance of a BTA
authorization issued in connection with the filing of a statement of
intention by a winning bidder must do so prior to the Commission's
issuance of the BTA authorization.
[60 FR 36559, July 17, 1995]
Sec. 21.958 Full payment and issuance of BTA authorizations.
Each winning bidder, except for small businesses eligible for
installment payments under Sec. 21.960(b), must pay the balance of its
winning bid for its BTA service area(s) in a lump sum within five (5)
business days following the release of the public notice stating that
the BTA authorization(s) is ready to be issued. A winning bidder who
submitted a long-form application for an MDS station license within its
BTA service area pursuant to Sec. 21.956(a) will receive its BTA
authorization concurrent with the grant of its MDS conditional station
license within its BTA service
[[Page 86]]
area. A winning bidder who submitted a statement of intention with
regard to its BTA service area pursuant to Sec. 21.956(a) will receive
its BTA authorization following the Commission's review of its statement
of intention. The Commission will issue a BTA authorization to a winning
bidder within ten (10) business days following notification of receipt
of full payment of the amount of the winning bid.
[60 FR 36559, July 17, 1995]
Sec. 21.959 Withdrawal, default and disqualification.
(a) When the Commission conducts an MDS simultaneous multiple round
auction, the Commission will impose additional payment requirements on
bidders who withdraw high bids during the course of an auction, who
default on down or full payments due after an auction closes, or who are
disqualified. The withdrawal and default payments set forth below will
be deducted from any upfront payments or down payments that the
withdrawing, defaulting or disqualified bidder has deposited with the
Commission.
(1) Bid withdrawal prior to close of auction. A bidder who withdraws
a high bid during the course of an auction will be subject to a payment
equal to the difference between the amount bid and the amount of the
winning bid the next time the license is offered by the Commission. No
withdrawal payment will be assessed if the subsequent winning bid
exceeds the withdrawn bid.
(2) Default or disqualification after close of auction. See
Sec. 1.2104 (g)(2) of this chapter.
(b) If the Commission were to conduct a sequential oral (open
outcry) auction or sealed bid auction for MDS, the Commission may modify
the payments set forth in paragraph (a) of this section to be paid in
the event of bid withdrawal, default or disqualification; provided,
however, that such payments shall not exceed the payments specified in
paragraph (a) of this section.
(1) In the case of sealed bidding:
(i) If a bid is withdrawn before the Commission releases the initial
public notice announcing the winning bidder(s), no bid withdrawal
payment will be assessed.
(ii) If a bid is withdrawn after the Commission release the initial
public notice announcing the winning bidder(s), the bid withdrawal
payment will be equal to the difference between the high bid amount and
the amount of the next highest bid. Losing bidders will only be subject
to this bid withdrawal payment for a period of thirty (30) days after
the Commission release the initial public notice announcing the winning
bidders.
(2) In the case of oral sequential (open outcry) bidding:
(i) If a bid is withdrawn before the bidder has declared the bidding
to be closed for the BTA service area bid on, no bid withdrawal payment
will be assessed.
(ii) If a bid is withdrawn after the Commission has declared the
bidding to be closed for the BTA service area bid on, the bid withdrawal
payment of paragraphs (a) (1) and (2) of this section will apply.
(c) If a winning bidder withdraws it bid after the Commission has
declared competitive bidding closed or fails to remit the required down
payment within five (5) business days after the Commission has declared
competitive bidding closed, the bidder will be deemed to have defaulted,
its application will be dismissed, and it will be liable for the default
payment specified in paragraph (a)(2) of this section. In such event,
the Commission may either re-auction the BTA service area to existing or
new applicants or offer it to the other highest bidders (in descending
order) at their final bids.
(d) A winning bidder who is found unqualified to be an MDS station
licensee, fails to remit the balance of its winning bid in a timely
manner, or defaults or is disqualified for any reason after having made
the required down payment, will be deemed to have defaulted and will be
liable for the payment set forth in paragraph (a)(2) of this section. In
such event, the Commission will generally conduct another auction for
the BTA service area, affording new parties an opportunity to file
applications for such service area.
(e) Bidders who are found to have violated the antitrust laws or the
Commission's rules in connection with
[[Page 87]]
their participation in the MDS competitive bidding process may be
subject, in addition to any other applicable sanctions, to loss of their
upfront payment, down payment or full bid amount, and may be prohibited
from participating in future auctions.
[60 FR 36560, July 17, 1995, as amended at 63 FR 2348, Jan. 15, 1998]
Sec. 21.960 Designated entity provisions for MDS.
(a) Designated entities. As specified in this section, designated
entities that are winning bidders for BTA service areas are eligible for
special incentives in the auction process. See 47 CFR 1.2110.
(b) Installment payments. Small businesses and small business
consortia may elect to pay the full amount of their winning bids for BTA
service areas in installments over a ten (10) year period running from
the date that their BTA authorizations are issued.
(1) Each eligible winning bidder paying for its BTA authorization(s)
on an installment basis must deposit by wire transfer or cashier's check
in the manner specified in Sec. 21.955 sufficient additional funds as
are necessary to bring its total deposits to ten (10) percent of its
winning bid(s) within five (5) business days after the Commission has
declared it the winning bidder and closed the bidding. Failure to remit
the required payment will make the bidder liable for the payments set
forth in Sec. 21.959(a)(2).
(2) Within five (5) business days following release of the public
notice stating that the BTA authorization of a winning bidder eligible
for installment payments is ready to be issued, the winning bidder shall
pay another ten (10) percent of its winning bid, thereby commencing the
eligible bidder's installment payment plan. The Commission will issue
the BTA authorization to the eligible winning bidder within ten (10)
business days following notification of receipt of this additional ten
(10) percent payment. Failure to remit the required payment will make
the bidder liable for the payments set forth in Sec. 21.959(a)(2).
(3) Upon issuance of a BTA authorization to a winning bidder
eligible for installment payments, the Commission will notify such
eligible BTA authorization holder of the terms of its installment
payment plan. For MDS, such installment payment plans will:
(i) Impose interest based on the rate of ten (10) year U.S. Treasury
obligations at the time of issuance of the BTA authorization, plus two
and one half (2.5) percent;
(ii) Allow installment payments for a ten (10) year period running
from the date that the BTA authorization is issued;
(iii) Begin with interest-only payments for the first two (2) years;
and
(iv) Amortize principal and interest over the remaining years of the
ten (10) year period running from the date that the BTA authorization is
issued.
(4) Conditions and obligations. See Sec. 1.2110(f)(4) of this
chapter.
(5) Unjust enrichment. (i) If an eligible BTA authorization holder
that utilizes installment financing under this paragraph seeks to assign
or transfer control of its BTA authorization to an entity not meeting
the eligibility standards for installment payments, the holder must make
full payment of the remaining unpaid principal and any unpaid interest
accrued through the date of assignment or transfer as a condition of
approval. If an eligible BTA authorization holder that utilizes
installment financing under this subsection seeks to partition, pursuant
to Sec. 21.931, a portion of its BTA containing one-third or more of the
population of the area within its control in the licensed BTA to an
entity not meeting the eligibility standards for installment payments,
the holder must make full payment of the remaining unpaid principal and
any unpaid interest accrued through the date of partition as a condition
of approval.
(ii) If a BTA authorization holder that utilizes installment
financing under this subsection seeks to make any change in ownership
structure that would result in the holder losing eligibility for
installment payments, the holder shall first seek Commission approval
and must make full payment of the remaining unpaid principal and any
unpaid interest accrued through the date of the change in ownership
structure as a condition of approval. Increases in gross revenues that
result
[[Page 88]]
from revenues from operations, business development or expanded service
shall not be considered changes in ownership structure under this
paragraph.
(c) Reduced upfront payments. A prospective bidder that qualifies as
a small business, or as a small business consortia, is eligible for a
twenty-five (25) percent reduction in the amount of the upfront payment
required by Sec. 21.954. To be eligible to bid on a particular BTA, a
small business will be required to submit an upfront payment equal to
seventy-five (75) percent of the upfront payment amount specified for
that BTA in the public notice listing the upfront payment amounts
corresponding to each BTA service area being auctioned.
(d) Bidding credits. A winning bidder that qualifies as a small
business, or as a small business consortia, may use a bidding credit of
fifteen (15) percent to lower the cost of its winning bid on any of the
BTA authorizations awarded in the MDS auction.
(1) Unjust enrichment. See Sec. 1.2111 of this chapter.
(2) [Reserved]
(e) Short-form application certification; Long-form application or
statement of intention disclosure. An MDS applicant claiming designated
entity status shall certify on its short-form application that it is
eligible for the incentives claimed. A designated entity that is a
winning bidder for a BTA service area(s) shall, in addition to
information required by Sec. 21.956(b), file an exhibit to either its
initial long-form application for an MDS station license, or to its
statement of intention with regard to the BTA, which discloses the gross
revenues for each of the past three years of the winning bidder and its
affiliates. This exhibit shall describe how the winning bidder claiming
status as a designated entity satisfies the designated entity
eligibility requirements, and must list and summarize all agreements
that affect designated entity status, such as partnership agreements,
shareholder agreements, management agreements and other agreements,
including oral agreements, which establish that the designated entity
will have both de facto and de jure control of the entity. See 47 CFR
1.2110(i).
(f) Records maintenance. All holders of BTA authorizations acquired
by auction that claim designated entity status shall maintain, at their
principal place of business or with their designated agent, an updated
documentary file of ownership and revenue information necessary to
establish their status. Holders of BTA authorizations or their
successors in interest shall maintain such files for a ten (10) year
period running from the date that their BTA authorizations are issued.
The files must be made available to the Commission upon request.
(g) Audits. BTA authorization holders claiming eligibility under
designated entity provisions shall be subject to audits by the
Commission, using in-house or contract resources. Selection for an audit
may be random, on information, or on the basis of other factors. Consent
to such audits is part of the certification included in the short-form
application. Such consent shall include consent to the audit of the
holders' books, documents and other material (including accounting
procedures and practices), regardless of form or type, sufficient to
confirm that such holders' representations are, and remain, accurate.
Such consent shall also include inspection at all reasonable times of
the facilities, or parts thereof, engaged in providing and transacting
business or keeping records regarding licensed MDS offerings, and shall
also include consent to the interviewing of principals, employees,
customers, and suppliers of the BTA authorization holders.
[60 FR 36560, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995;
63 FR 2348, Jan. 15, 1998]
Sec. 21.961 Definitions applicable to designated entity provisions.
(a) Scope. The definitions in this section apply to Sec. 21.960,
unless otherwise specified in that section.
(b) Small business; consortium of small businesses.
(1) A small business is an entity that together with its affiliates
has average annual gross revenues that are not more than $40 million for
the preceding three calendar years.
(2) Aggregation of gross revenues.
[[Page 89]]
(i) Except as specified in paragraph (b)(2)(ii) of this section, the
gross revenues of the applicant (or BTA authorization holder) and its
affiliates shall be considered on a cumulative basis and aggregated for
purposes of determining whether the applicant (or holder) is a small
business.
(ii) Where an applicant (or BTA authorization holder) is a
consortium of small businesses, the gross revenues of each small
business shall not be aggregated.
(3) A small business consortium is a conglomerate organization
formed as a joint venture between mutually-independent business firms,
each of which individually satisfies the definition of a small business.
(c) Gross revenues shall mean all income received by an entity,
whether earned or passive, before any deductions are made for costs of
doing business (e.g., cost of goods sold), as evidenced by audited
financial statements for the preceding relevant number of calendar
years, or, if audited financial statements were not prepared on a
calendar-year basis, for the preceding relevant number of fiscal years.
If an entity was not in existence for all or part of the relevant
period, gross revenues shall be evidenced by the audited financial
statements of the entity's predecessor-in-interest or, if there is no
identifiable predecessor-in-interest, unaudited financial statements
certified by the applicant as accurate.
(d) The definition of an affiliate of an applicant is set forth in
47 CFR 1.2110(b)(4).
[60 FR 36562, July 17, 1995, as amended at 60 FR 57368, Nov. 15, 1995]
PART 22--PUBLIC MOBILE SERVICES--Table of Contents
Subpart A--Scope and Authority
Sec.
22.1 Basis and purpose.
22.3 Authorization required.
22.5 Citizenship.
22.7 General eligibility.
22.99 Definitions.
Subpart B--Licensing Requirements and Procedures
Applications and Notifications
22.101 Station files.
22.103 Representations.
22.105 Written applications, standard forms, microfiche, magnetic
disks.
22.106 Filing fees; place.
22.107 General application requirements.
22.108 Parties to applications.
22.115 Content of applications.
22.117 Content of notifications.
22.119 Requests for rule waivers.
22.120 Application processing; initial procedures.
22.121 Repetitious, inconsistent or conflicting applications.
22.122 Amendment of applications.
22.123 Classification of filings as major or minor.
22.124 Notification processing.
22.125 Application for special temporary authorizations.
22.127 Public notices.
22.128 Dismissal of applications.
22.129 Agreements to dismiss applications, amendments or pleadings.
22.130 Petitions to deny, responsive pleadings.
22.131 Procedures for mutually exclusive applications.
22.132 Grant of applications.
22.135 Settlement conference.
22.137 Assignment of authorization; transfer of control.
22.139 Trafficking.
22.142 Commencement of service; notification requirement.
22.143 Construction prior to grant of application.
22.144 Termination of authorizations.
22.145 Renewal application procedures.
22.150 Standard pre-filing technical coordination procedure.
22.157 Distance computation.
22.159 Computation of average terrain elevation.
22.161 Application requirements for ASSB.
22.163 Minor modifications to existing stations.
22.165 Additional transmitters for existing systems.
22.169 Internal coordination of channel assignments.
Competitive Bidding Procedures
22.201 Scope of competitive bidding rules.
22.203 Competitive bidding design for paging licensing.
22.205 Competitive bidding mechanisms.
22.207 Withdrawal, default, and disqualification payments.
22.209 Bidding applications (FCC Form 175 and 175-S short-form).
22.211 Submission of upfront payments and down payments.
22.213 Long-form applications (FCC Form 600).
22.215 Authorization grant, denial, default, and disqualification.
22.217 Bidding credits for small businesses.
[[Page 90]]
22.219 Installment payments for licenses won by small businesses.
22.221 Eligibility for partitioned licenses.
22.223 Definitions concerning competitive bidding process.
22.225 Certifications, disclosures, records maintenance and audits.
22.227 Petitions to deny and limitation on settlements.
Subpart C--Operational and Technical Requirements
Operational Requirements
22.301 Station inspection.
22.303 Retention of station authorizations; identifying transmitters.
22.305 Operator and maintenance requirements.
22.307 Operation during emergency.
22.313 Station identification.
22.315 Duty to respond to official communications.
22.317 Discontinuance of station operation.
22.321 Equal employment opportunities.
22.323 Incidental communication services.
22.325 Control points.
Technical Requirements
22.351 Channel assignment policy.
22.352 Protection from interference.
22.353 Blanketing interference.
22.355 Frequency tolerance.
22.357 Emission types.
22.359 Emission masks.
22.361 Standby facilities.
22.363 Directional antennas.
22.365 Antenna structures; air navigation safety.
22.367 Wave polarization.
22.369 Quiet zones and Arecibo Coordination Zone.
22.371 Disturbance of AM broadcast station antenna patterns.
22.373 Access to transmitters.
22.377 Certification of transmitters.
22.379 Replacement of equipment.
22.381 Auxiliary test transmitters.
22.383 In-building radiation systems.
Subpart D--Developmental Authorizations
22.401 Description and purposes of developmental authorizations.
22.403 General limitations.
22.409 Developmental authorization for a new Public Mobile Service or
technology.
22.411 Developmental authorization of 43 MHz paging transmitters.
22.413 Developmental authorization of 72-76 MHz fixed transmitters.
22.415 Developmental authorization of 928-960 MHz fixed transmitters.
22.417 Developmental authorization of meteor burst systems.
Subpart E--Paging and Radiotelephone Service
22.501 Scope.
22.503 Paging geographic area authorizations.
22.507 Number of transmitters per station.
22.509 Procedures for mutually exclusive applications in the Paging and
Radiotelephone Service.
22.511 Construction period for the Paging and Radiotelephone Service.
22.515 Permissible communications paths.
22.527 Signal boosters.
22.529 Application requirements for the Paging and Radiotelephone
Service.
Paging Operation
22.531 Channels for paging operation.
22.535 Effective radiated power limits.
22.537 Technical channel assignment criteria.
22.539 Additional channel policies.
22.551 Nationwide network paging service.
22.559 Paging application requirements.
One-way or Two-way Mobile Operation
22.561 Channels for one-way or two-way mobile operation.
22.563 Provision of rural radiotelephone service upon request.
22.565 Transmitting power limits.
22.567 Technical channel assignment criteria.
22.569 Additional channel policies.
22.571 Responsibility for mobile stations.
22.573 Use of base transmitters as repeaters.
22.575 Use of mobile channel for remote control of station functions.
22.577 Dispatch service.
22.579 Operation of mobile transmitters across U.S.-Canada border.
22.589 One-way or two-way application requirements.
Point-to-Point Operation
22.591 Channels for point-to-point operation.
22.593 Effective radiated power limits.
22.599 Assignment of 72-76 MHz channels.
22.601 Assignment of microwave channels.
22.602 Transition of the 2110-2130 and 2160-2180 MHz channels to
emerging technologies.
22.603 488-494 MHz fixed service in Hawaii.
Point-to-Multipoint Operation
22.621 Channels for point-to-multipoint operation.
22.623 System configuration.
22.625 Transmitter locations.
22.627 Effective radiated power limits.
470-512 MHz Trunked Mobile Operation
22.651 470-512 MHz channels for trunked mobile operation.
[[Page 91]]
22.653 Eligibility.
22.655 Channel usage.
22.657 Transmitter locations.
22.659 Effective radiated power limits.
Subpart F--Rural Radiotelephone Service
22.701 Scope.
22.702 Eligibility.
22.703 Separate rural subscriber station authorization not required.
22.705 Rural radiotelephone system configuration.
22.709 Rural radiotelephone service application requirements.
22.711 Provision of information to applicants.
22.713 Construction period for rural radiotelephone stations.
22.715 Technical channel assignment criteria for rural radiotelephone
stations.
22.717 Procedure for mutually exclusive applications in the Rural
Radiotelephone Service.
22.719 Additional channel policy for rural radiotelephone stations.
Conventional Rural Radiotelephone Stations
22.721 Geographic area authorizations.
22.723 Secondary site-by-site authorizations.
22.725 Channels for conventional rural radiotelephone stations.
22.727 Power limits for conventional rural radiotelephone transmitters.
22.729 Meteor burst propagation modes.
22.731 Emission limitations.
22.733 Priority of service.
22.737 Temporary fixed stations.
Basic Exchange Telephone Radio Systems
22.757 Channels for basic exchange telephone radio systems.
22.759 Power limit for BETRS.
Subpart G--Air-Ground Radiotelephone Service
22.801 Scope.
22.803 Air-ground application requirements.
General Aviation Air-Ground Stations
22.805 Channels for general aviation air-ground service.
22.809 Transmitting power limits.
22.811 Idle tone.
22.813 Technical channel pair assignment criteria.
22.815 Construction period for general aviation ground stations.
22.817 Additional channel policies.
22.819 AGRAS compatibility requirement.
22.821 Authorization for airborne mobile stations.
Commercial Aviation Air-Ground Systems
22.857 Channel plan for commercial aviation air-ground systems.
22.859 Geographical channel block layout.
22.861 Emission limitations.
22.863 Transmitter frequency tolerance.
22.865 Automatic channel selection procedures.
22.867 Effective radiated power limits.
22.869 Assignment of control channels.
22.871 Control channel transition period.
22.873 Construction period for commercial aviation air-ground systems.
22.875 Commercial aviation air-ground system application requirements.
Subpart H--Cellular Radiotelephone Service
22.900 Scope.
22.901 Cellular service requirements and limitations.
22.905 Channels for cellular service.
22.907 Coordination of channel usage.
22.909 Cellular markets.
22.911 Cellular geographic service area.
22.912 Service area boundary extensions.
22.913 Effective radiated power limits.
22.915 Modulation requirements.
22.917 Emission limitations for cellular.
22.919 Electronic serial numbers.
22.923 Cellular system configuration.
22.925 Prohibition on airborne operation of cellular telephones.
22.927 Responsibility for mobile stations.
22.929 Application requirements for the Cellular Radiotelephone
Service.
22.933 Cellular system compatibility specification.
22.935 Procedures for comparative renewal proceedings.
22.936 Dismissal of applications in cellular renewal proceedings.
22.937 Demonstration of financial qualifications.
22.939 Site availability requirements for applications competing with
cellular renewal applications.
22.940 Criteria for comparative cellular renewal proceedings.
22.941 System identification numbers.
22.942 Limitations on interests in licensees for both channel blocks in
an area.
22.943 Limitations on assignments and transfers of cellular
authorizations.
22.944 Transfers of interests in applications.
22.945 Interests in multiple applications.
22.946 Service commencement and construction periods for cellular
systems.
22.947 Five year build-out period.
22.949 Unserved area licensing process.
22.951 Minimum coverage requirement.
22.953 Content and form of applications.
22.955 Canadian condition.
22.957 Mexican condition.
22.959 Rules governing processing of applications for initial systems.
[[Page 92]]
22.960 Cellular unserved area radiotelephone licenses subject to
competitive bidding.
22.961 Competitive bidding design for cellular unserved area
radiotelephone licensing.
22.962 Competitive bidding mechanisms.
22.963 Withdrawal, default and disqualification payments.
22.964 Bidding application (FCC Form 175).
22.965 Submission of upfront payments and down payments.
22.966 Long-form applications.
22.967 License grant, denial, default, and disqualification.
Subpart I--Offshore Radiotelephone Service
22.1001 Scope.
22.1003 Eligibility.
22.1005 Priority of service.
22.1007 Channels for offshore radiotelephone systems.
22.1009 Transmitter locations.
22.1011 Antenna height limitations.
22.1013 Effective radiated power limitations.
22.1015 Repeater operation.
22.1025 Permissible communications.
22.1031 Temporary fixed stations.
22.1035 Construction period.
22.1037 Application requirements for offshore stations.
Authority: 47 U.S.C. 154, 222, 303, 309 and 332.
Source: 59 FR 59507, Nov. 17, 1994, unless otherwise noted.
Subpart A--Scope and Authority
Sec. 22.1 Basis and purpose.
This section contains a concise general statement of the basis and
purpose of the rules in this part, pursuant to 5 U.S.C. 553(c).
(a) Basis. These rules are issued pursuant to the Communications Act
of 1934, as amended, 47 U.S.C. 151 et. seq.
(b) Purpose. The purpose of these rules is to establish the
requirements and conditions under which domestic common carrier radio
stations may be licensed and used in the Public Mobile Services.
Sec. 22.3 Authorization required.
Stations in the Public Mobile Services must be used and operated
only in accordance with the rules in this part and with a valid
authorization granted by the FCC under the provisions of this part.
(a) The holding of an authorization does not create any rights
beyond the terms, conditions and period specified in the authorization.
Authorizations may be granted upon proper application, provided that the
FCC finds that the applicant is qualified in regard to citizenship,
character, financial, technical and other criteria, and that the public
interest, convenience and necessity will be served. See 47 U.S.C. 301,
308, and 309.
(b) Authority for subscribers to operate mobile or fixed stations in
the Public Mobile Services, except for certain stations in the Rural
Radiotelephone Service and the Air-Ground Radiotelephone Service, is
included in the authorization held by the common carrier providing
service to them. Subscribers are not required to apply for, and the FCC
does not accept applications from subscribers for, individual mobile or
fixed station authorizations in the Public Mobile Services, except as
follows:
(1) Individual authorizations are required to operate general
aviation airborne mobile stations in the Air-Ground Radiotelephone
Service. See Sec. 22.821.
(2) Individual authorizations are required to operate rural
subscriber stations in the Rural Radiotelephone Service, except as
provided in Sec. 22.703.
Sec. 22.5 Citizenship.
The rules in this section implement section 310 of the
Communications Act of 1934, as amended (47 U.S.C. Sec. 310), in regard
to the citizenship of licensees in the Public Mobile Services.
(a) Foreign governments. The FCC will not grant an authorization in
the Public Mobile Services to any foreign government or any
representative thereof.
(b) Alien ownership or control. The FCC will not grant an
authorization in the Public Mobile Services to:
(1) Any alien or the representative of any alien;
(2) Any corporation organized under the laws of any foreign
government;
(3) Any corporation of which more than one-fifth of the capital
stock is owned of record or voted by aliens or their representatives or
by a foreign government or representative thereof,
[[Page 93]]
or by any corporation organized under the laws of a foreign country;
(4) Any corporation directly or indirectly controlled by any other
corporation of which more than one-fourth of the capital stock is owned
of record or voted by aliens, their representatives, or by a foreign
government or representative thereof, or by any corporation organized
under the laws of a foreign country, if the FCC finds that the public
interest will be served by the refusal or revocation of such license.
[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 55580, Oct. 28, 1996]
Sec. 22.7 General eligibility.
Except as otherwise provided in this part, existing and proposed
common carriers are eligible to hold authorizations in the Public Mobile
Services. Applications are granted only if the applicant is legally,
financially, technically and otherwise qualified to render the proposed
service.
Sec. 22.99 Definitions.
Terms used in this part have the following meanings:
Air-Ground Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide radio telecommunications
service for hire to subscribers in aircraft.
Airborne station. A mobile station in the Air-Ground Radiotelephone
Service authorized for use on aircraft while in flight or on the ground.
Antenna structure. A structure comprising an antenna, the tower or
other structure that exists solely to support antennas, and any
surmounting appurtenances (attachments such as beacons or lightning
rods).
Antenna. A device that converts radio frequency electrical energy to
radiated electromagnetic energy and vice versa; in a transmitting
station, the device from which radio waves are emitted.
Archival quality microfiche. A silver halide master microfiche or a
copy made on silver halide film.
Assignment of authorization. A transfer of a Public Mobile Services
authorization from one party to another, voluntarily or involuntarily,
directly or indirectly, or by transfer of control of the licensee.
Authorization. A written instrument or oral statement issued by the
FCC conveying authority to operate, for a specified term, a station in
the Public Mobile Services.
Authorized bandwidth. The necessary or occupied bandwidth of an
emission, whichever is more.
Authorized spectrum. The spectral width of that portion of the
electromagnetic spectrum within which the emission power of the
authorized transmitter(s) must be contained, in accordance with the
rules in this part. The authorized spectrum comprises one channel
bandwidth or the bandwidths of two or more contiguous channels.
Auxiliary test transmitter. A fixed transmitter used to test Public
Mobile systems.
Base transmitter. A stationary transmitter that provides radio
telecommunications service to mobile and/or fixed receivers, including
those associated with mobile stations.
Blanketing interference. Disturbance in consumer receivers located
in the immediate vicinity of a transmitter, caused by currents directly
induced into the consumer receiver's circuitry by the relatively high
field strength of the transmitter.
Build-out transmitters. In the Cellular Radiotelephone Service,
transmitters added to the first cellular system authorized on a channel
block in a cellular market during the five year build-out period in
order to expand the coverage of the system within the market.
Cardinal radials. Eight imaginary straight lines extending radially
on the ground from an antenna location in the following azimuths with
respect to true North: 0 deg., 45 deg., 90 deg., 135 deg., 180 deg.,
225 deg., 270 deg., 315 deg..
Carrier frequency. The frequency of the unmodulated electrical wave
at the output of an amplitude modulated (AM), frequency modulated (FM)
or phase modulated (PM) transmitter.
Cell. The service area of an individual transmitter location in a
cellular system.
Cellular Geographic Service Area. The geographic area served by a
cellular system, within which that system is entitled to protection and
adverse effects are recognized, for the purpose of
[[Page 94]]
determining whether a petitioner has standing. See Sec. 22.911.
Cellular markets. Standard geographic areas used by the FCC for
administrative convenience in the licensing of cellular systems. See
Sec. 22.909.
Cellular Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide cellular service for hire
to the general public. This service was formerly titled Domestic Public
Cellular Radio Telecommunications Service.
Cellular repeater. In the Cellular Radiotelephone Service, a
stationary transmitter or device that automatically re-radiates the
transmissions of base transmitters at a particular cell site and mobile
stations communicating with those base transmitters, with or without
channel translation.
Cellular service. Radio telecommunication services provided using a
cellular system.
Cellular system. An automated high-capacity system of one or more
multichannel base stations designed to provide radio telecommunication
services to mobile stations over a wide area in a spectrally efficient
manner. Cellular systems employ techniques such as low transmitting
power and automatic hand-off between base stations of communications in
progress to enable channels to be reused at relatively short distances.
Cellular systems may also employ digital techniques such as voice
encoding and decoding, data compression, error correction, and time or
code division multiple access in order to increase system capacity.
Center frequency. The frequency of the middle of the bandwidth of a
channel.
Central office transmitter. A fixed transmitter in the Rural
Radiotelephone Service that provides service to rural subscriber
stations.
CGSA. See Cellular Geographic Service Area.
Channel. The portion of the electromagnetic spectrum assigned by the
FCC for one emission. In certain circumstances, however, more than one
emission may be transmitted on a channel. See, for example, Sec. 22.161.
Channel bandwidth. The spectral width of a channel, as specified in
this part, within which 99% of the emission power must be contained.
Channel block. A group of channels that are assigned together, not
individually.
Channel pair. Two channels that are assigned together, not
individually. In this part, channel pairs are indicated by an ellipsis
between the center frequencies.
Communications channel. In the Cellular Radiotelephone and Air-
ground Radiotelephone Services, a channel used to carry subscriber
communications.
Construction period. The period between the date of grant of an
authorization and the date of required commencement of service.
Control channel. In the Cellular Radiotelephone Service and the Air-
ground Radiotelephone Service, a channel used to transmit information
necessary to establish or maintain communications. In the other Public
Mobile Services, a channel that may be assigned to a control
transmitter.
Control point. A location where the operation of a public mobile
station is supervised and controlled by the licensee of that station.
Control transmitter. A fixed transmitter in the Public Mobile
Services that transmits control signals to one or more base or fixed
stations for the purpose of controlling the operation of the base or
fixed stations, and/or transmits subscriber communications to one or
more base or fixed stations that retransmit them to subscribers.
Dead spots. Small areas within a service area where the field
strength is lower than the minimum level for reliable service. Service
within dead spots is presumed.
Dispatch service. A radiotelephone service comprising communications
between a dispatcher and one or more mobile units. These communications
normally do not exceed one minute in duration and are transmitted
directly through a base station, without passing through mobile
telephone switching facilities.
Effective radiated power (ERP). The effective radiated power of a
transmitter (with antenna, transmission line, duplexers etc.) is the
power that would be necessary at the input terminals of
[[Page 95]]
a reference half-wave dipole antenna in order to produce the same
maximum field intensity. ERP is usually calculated by multiplying the
measured transmitter output power by the specified antenna system gain,
relative to a half-wave dipole, in the direction of interest.
Emission. The electromagnetic energy radiated from an antenna.
Emission designator. An internationally accepted symbol for
describing an emission in terms of its bandwidth and the characteristics
of its modulation, if any. See Sec. 2.201 of this chapter for details.
Emission mask. The design limits imposed, as a condition or
certification, on the mean power of emissions as a function of frequency
both within the authorized bandwidth and in the adjacent spectrum.
Equivalent isotropically radiated power (EIRP). The equivalent
isotropically radiated power of a transmitter (with antenna,
transmission line, duplexers etc.) is the power that would be necessary
at the input terminals of a reference isotropic radiator in order to
produce the same maximum field intensity. An isotropic radiator is a
theoretical lossless point source of radiation with unity gain in all
directions. EIRP is usually calculated by multiplying the measured
transmitter output power by the specified antenna system gain, relative
to an isotropic radiator, in the direction of interest.
Extension. In the Cellular Radiotelephone Service, an area within
the service area boundary of a cellular system, but outside of the
market boundary. See Secs. 22.911(c) and 22.912.
Facsimile service. Transmission of still images from one place to
another by means of radio.
Fill-in transmitters. Transmitters added to a station, in the same
area and transmitting on the same channel or channel block as previously
authorized transmitters, that do not expand the existing service area,
but are established for the purpose of improving reception in dead
spots.
Five year build-out period. A five year period during which the
licensee of the first cellular system authorized on each channel block
in each cellular market may expand the system within that market. See
Sec. 22.947.
Fixed transmitter. A stationary transmitter that communicates with
other stationary transmitters.
Frequency. The number of cycles occurring per second of an
electrical or electromagnetic wave; a number representing a specific
point in the electromagnetic spectrum.
Ground station. In the Air-ground Radiotelephone Service, a
stationary transmitter that provides service to airborne mobile
stations.
Height above average terrain (HAAT). The height of an antenna above
the average elevation of the surrounding area.
In-building radiation systems. Supplementary systems comprising low
power transmitters, receivers, indoor antennas and/or leaky coaxial
cable radiators, designed to improve service reliability inside
buildings or structures located within the service areas of stations in
the Public Mobile Services.
Initial cellular applications. Applications for authority to
construct and operate a new cellular system, excluding applications for
interim operating authority.
Interfering contour. The locus of points surrounding a transmitter
where the predicted median field strength of the signal from that
transmitter is the maximum field strength that is not considered to
cause interference at the service contour of another transmitter.
Interoffice transmitter. A fixed transmitter in the Rural
Radiotelephone Service that communicates with other interoffice
transmitters for the purpose of interconnecting rural central offices.
Meteor burst propagation mode. A long distance VHF radio
communication path occurring as a result of the refraction of
electromagnetic waves by ionized meteor trails.
Mobile station. One or more transmitters that are capable of
operation while in motion.
Necessary bandwidth. The calculated spectral width of an emission.
Calculations are made using procedures set forth in part 2 of this
chapter. The bandwidth so calculated is considered
[[Page 96]]
to be the minimum necessary to convey information at the desired rate
with the desired accuracy.
Occupied bandwidth. The measured spectral width of an emission. The
measurement determines occupied bandwidth as the difference between
upper and lower frequencies where 0.5% of the emission power is above
the upper frequency and 0.5% of the emission power is below the lower
frequency.
Offshore central transmitter. A fixed transmitter in the Offshore
Radiotelephone Service that provides service to offshore subscriber
stations.
Offshore Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide radio telecommunication
services for hire to subscribers on structures in the offshore coastal
waters of the Gulf of Mexico.
Offshore subscriber station. One or more fixed and/or mobile
transmitters in the Offshore Radiotelephone Service that receive service
from offshore central transmitters.
Pager. A small radio receiver designed to be carried by a person and
to give an aural, visual or tactile indication when activated by the
reception of a radio signal containing its specific code. It may also
reproduce sounds and/or display messages that were also transmitted.
Some pagers also transmit a radio signal acknowledging that a message
has been received.
Paging geographic area authorization. An authorization conveying the
exclusive right to establish and expand one or more stations throughout
a paging geographic area or, in the case of a partitioned geographic
area, throughout a specified portion of a paging geographic area, on a
specified channel allocated for assignment in the Paging and
Radiotelephone Service. These are subject to the conditions that no
interference may be caused to existing co-channel stations operated by
other licensees within the paging geographic area and that no
interference may be caused to existing or proposed co-channel stations
of other licensees in adjoining paging geographic areas.
Paging geographic areas. Standard geographic areas used by the FCC
for administrative convenience in the licensing of stations to operate
on channels allocated for assignment in the Paging and Radiotelephone
Service. See Sec. 22.503(b).
Paging and Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide paging and radiotelephone
service for hire to the general public. This service was formerly titled
Public Land Mobile Service.
Paging service. Transmission of coded radio signals for the purpose
of activating specific pagers; such transmissions may include messages
and/or sounds.
Partitioned cellular market. A cellular market with two or more
authorized cellular systems on the same channel block during the five
year build-out period, as a result of settlements during initial
licensing or contract(s) between the licensee of the first cellular
system and the licensee(s) of the subsequent systems. See
Sec. 22.947(b).
Public Mobile Services. Radio services in which common carriers are
authorized to offer and provide mobile and related fixed radio
telecommunication services for hire to the public.
Radio common carrier. A telecommunications common carrier that
provides radio communications services but is not engaged in the
business of providing landline local exchange telephone service.
Radio telecommunication services. Communication services provided by
the use of radio, including radiotelephone, radiotelegraph, paging and
facsimile service.
Radiotelegraph service. Transmission of messages from one place to
another by means of radio.
Radiotelephone service. Transmission of sound from one place to
another by means of radio.
Repeater. A fixed transmitter that retransmits the signals of other
stations.
Roamer. A mobile station receiving service from a station or system
in the Public Mobile Services other than one to which it is a
subscriber.
Rural Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide radio telecommunication
services for hire to subscribers in areas where it is not feasible to
provide communication services by wire or other means.
[[Page 97]]
Rural subscriber station. One or more fixed transmitters in the
Rural Radiotelephone Service that receive service from central office
transmitters.
Service area. The geographic area considered by the FCC to be
reliably served by a station in the Public Mobile Services.
Service contour. The locus of points surrounding a transmitter where
the predicted median field strength of the signal from that transmitter
is the minimum field strength that is considered sufficient to provide
reliable service to mobile stations.
Service to subscribers. Service to at least one subscriber that is
not affiliated with, controlled by or related to the providing carrier.
Signal booster. A stationary device that automatically reradiates
signals from base transmitters without channel translation, for the
purpose of improving the reliability of existing service by increasing
the signal strength in dead spots.
Station. A station equipped to engage in radio communication or
radio transmission of energy (47 U.S.C. 153(k)).
Telecommunications common carrier. An individual, partnership,
association, joint-stock company, trust or corporation engaged in
rendering radio telecommunications services to the general public for
hire.
Temporary fixed station. One or more fixed transmitters that
normally do not remain at any particular location for longer than 6
months.
Transfer of control. A transfer of the controlling interest in a
Public Mobile Services licensee from one party to another.
Unserved areas. With regard to a channel block allocated for
assignment in the Cellular Radiotelephone Service: Geographic area in
the District of Columbia, or any State, Territory or possession of the
United States of America that is not within the CGSA of any cellular
system authorized to transmit on that channel block. With regard to a
channel allocated for assignment in the Paging and Radiotelephone
Service: Geographic area within the District of Columbia, or any State,
Territory or possession of the United States of America that is not
within the service contour of any base transmitter in any station
authorized to transmit on that channel.
Wireline common carrier. A telecommunications common carrier that is
also engaged in the business of providing landline local exchange
telephone service.
[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31050, June 19, 1996;
61 FR 54098, Oct. 17, 1996; 62 FR 11628, Mar. 12, 1997; 63 FR 36603,
July 7, 1998]
Effective Date Note: At 63 FR 36603, July 7, 1998, Sec. 22.99 was
amended in the definition of emission mask by removing the term ``type
acceptance'' and replacing it with ``certification'', effective Oct. 5,
1998.
Subpart B--Licensing Requirements and Procedures
Applications and Notifications
Sec. 22.101 Station files.
Applications, notifications, correspondence and other material, and
copies of authorizations, comprising technical, legal, and
administrative data relating to each station in the Public Mobile
Services are maintained by the FCC in individual station files. These
files constitute the official records for these stations and supersede
any other records, data bases or lists from the FCC or other sources.
Sec. 22.103 Representations.
Applicants must make full and continuing disclosure as required by
Sec. 1.65 of this chapter. Applicants must not make misrepresentations.
The signing of an application or notification for new or additional
facilities in the Public Mobile Services constitutes a representation
that the applicant intends to use such facilities to provide service to
subscribers in accordance with the rules in this part.
Sec. 22.105 Written applications, standard forms, microfiche, magnetic disks.
Except for authorizations granted under the emergency conditions set
forth in section 308 of the Communications Act of 1934, as amended (47
U.S.C. 308), the FCC may grant authorizations only upon written
application (FCC Form 600) received by it. A separate written
application is required for each authorization. Applicants shall submit
[[Page 98]]
any documents, exhibits, or other written statements of fact that the
FCC may require in determining whether to grant, deny or dismiss an
application.
Table B-1.--Standard Forms for the Public Mobile Services
------------------------------------------------------------------------
Form
Purpose of filing No. Title of form
------------------------------------------------------------------------
Application for renewal of 405 Application for Renewal
authorization. of Station License.
Application for airborne mobile 409 Application for Airborne
authorization. Mobile Radiotelephone
Authorization.
Application for assignment of 430 Licensee Qualification
authorization. Report.
Transmittal for Phase I cellular 464 Transmittal Sheet for
application. Cellular Applications
for Unserved Areas.
Transmittal for Phase II cellular 464-A Transmittal Sheet for
application. Phase 2 Cellular
Applications for
Unserved Areas.
Notification of completion of 489 Notification of
construction. Commencement of Service
Notification of minor modification of or of Additional or
station. Modified Facilities.
Application for assignment of 490 Application for
authorization. Assignment of
Application for consent to transfer Authorization or
of control. Consent to Transfer of
Control of Licensee.
Application for new or modified 600 Application for Mobile
station. Radio Service
Major amendment to pending Authorization.
application.
Application for partial assignment of
authorization.
------------------------------------------------------------------------
(a) Formal applications, amendments and notifications. Except as
provided in paragraph (b) of this section, applications, amendments and
notifications must be filed using the standard forms listed in paragraph
(c) of this section.
(b) Informal applications, amendments and notifications.
Applications, amendments and notifications in letter or document form
may be accepted for filing, if none of the standard forms listed in this
section are prescribed for or clearly applicable for the intended
purpose. Such informal applications, amendments and notifications must
be submitted in duplicate, with a caption clearly stating the name of
the filer, nature of the filing, the Public Mobile service involved, the
call sign of the relevant existing station, if any, and the file number
of the relevant pending application, if any, and must contain all
necessary technical data and exhibits.
(c) Standard forms. Standard forms may be obtained in small
quantities from the FCC. Standard forms may be reproduced and the copies
used. Computer-generated standard forms may also be used after approval
by the FCC staff. Standard forms used for applications, amendments,
notifications and reports in the Public Mobile Services are listed in
Table B-1 of this section.
(d) Microfiche required. All filings and submissions related to
stations in the Public Mobile Services, including applications
(including exhibits and attachments), notifications, amendments,
reports, correspondence and pleadings must be submitted in microfiche
form, except as provided in paragraphs (d)(1) and (g) of this section.
(1) Emergency filings, such as requests for special temporary
authority, need not be submitted in microfiche form. Filings and
submissions (other than standard application forms) that are no longer
than three pages need not be submitted in microfiche form. Standard
application forms must be submitted in microfiche forms, even if they
comprise three pages or less.
(2) Three microfiche copies of each filing or submission must be
submitted, except that, for initial Phase I unserved area applications
in the Cellular Radiotelephone Service (see Sec. 22.949), two microfiche
copies must be submitted. Each microfiche copy must be a complete copy
of the signed paper original. Each microfiche must be a 148 mm by 105 mm
negative (clear transparent characters appearing on a background
providing sufficient contrast to make legible copies) at 24 x or 27 x
reduction. At least one of the microfiche copies must be a silver halide
camera master or a copy made on silver halide film such as Kodak Direct
Duplicatory Film. Microfiche must be placed in paper microfiche
envelopes and submitted in a 5" by 7\1/2\" envelope. Applicants must
leave Row ``A'' (the first row for page images) of the first microfiche
blank for FCC use.
(3) The following information must be printed on the mailing
envelope, the microfiche envelope, and the title area at the top of the
microfiche:
(i) For notifications, amendments, reports, correspondence,
pleadings and
[[Page 99]]
applications, other than initial applications in the Cellular
Radiotelephone Service--the name of the applicant, the city and state of
the application and the call sign of the station, if the application
refers to an existing station.
(ii) For initial applications in the Cellular Radiotelephone
Service--the name of the applicant, the market name, the market number,
and the channel block.
(4) The microfiche copies of opposition and reply pleadings may be
submitted after the required paper originals, in accordance with
Sec. 1.45 of this chapter.
(e) Paper original required. The paper originals of notifications,
amendments, reports, correspondence and applications, other than initial
Phase I unserved area applications in the Cellular Radiotelephone
Service, must be submitted at the same time as the microfiche required
by paragraph (d) of this section. The paper originals of initial Phase I
unserved area applications selected in random selection processes must
be submitted 7 days after the release of the public notice announcing
the tentative selectee. The paper originals of opposition and reply
pleadings must be submitted within the time frames established by
Sec. 1.45 of this chapter. Each paper original must be stamped
``ORIGINAL'' on the top page. In addition to the paper original, paper
copies of pleadings must be submitted as required by Sec. 1.51 of this
chapter.
(f) Correspondence. Correspondence concerning a submitted
application must clearly identify the name of the filer, nature of the
filing, the Public Mobile service involved, the call sign of the
relevant existing station, if any, and the file number (if assigned) of
the relevant pending application. Correspondence may be sent directly to
Mobile Services Division, Common Carrier Bureau, Federal Communications,
Washington, DC 20554.
(g) Magnetic disks. To assist the FCC in maintaining an accurate
technical licensing database, applicants are encouraged to submit the
technical and administrative data contained in applications and
notifications on magnetic disks. Applicants may also submit, in lieu of
the microfiche required by paragraph (d) of this section, entire
applications and notifications on magnetic disks, by including graphics
files containing the images of the signed paper originals.
(1) Each application must be submitted on a separate labeled
standard 3\1/4\;Prime; magnetic disk, formatted to be readable by high-
density floppy drives operating under MS-DOS (3.X or later compatible
versions). A copy of each disk must also be submitted (2 identical disks
per application).
(2) [Reserved]
Note: Paragraph (g) of Sec. 22.105 is not effective until further
notice.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
61 FR 54098, Oct. 17, 1996]
Effective Date Note: At 59 FR 59507, Nov. 17, 1994, Sec. 22.105 was
revised effective January 1, 1995, except for paragraph (g). A document
will be published in the Federal Register announcing the effective date
of that paragraph.
Sec. 22.106 Filing fees; place.
Applications, amendments, notifications and other filings must be
submitted to the FCC at the appropriate address, with the appropriate
filing fee. The fee amounts and addresses are listed in part 1, subpart
G of this chapter (Sec. 1.1105 in particular), and in the publication
``Common Carrier Services Fee Filing Guide'' which is available from the
Federal Communications Commission, Washington, DC 20554.
Sec. 22.107 General application requirements.
In general, applications for authorizations, assignments of
authorizations, or consent to transfer of control of licensees in the
Public Mobile Services must:
(a) Demonstrate the applicant's qualifications to hold an
authorization in the Public Mobile services;
(b) State how a grant would serve the public interest, convenience,
and necessity;
(c) Contain all information required by FCC rules or application
forms;
(d) Propose operation of a facility in compliance with all rules
governing the Public Mobile service;
[[Page 100]]
(e) Be amended as necessary to remain substantially accurate and
complete in all significant respects, in accordance with the provisions
of Sec. 1.65 of this chapter; and,
(f) Be signed in accordance with Sec. 1.743 of this chapter.
Sec. 22.108 Parties to applications.
Each application for an authorization, assignment of authorization,
or for consent to transfer of control in the Public Mobile Service must
disclose fully the real party or parties in interest to the application.
Such disclosure must include:
(a) A list of the applicant's subsidiaries, if any. For the purposes
of this section, a subsidiary is any business for which the applicant or
any officer, director, stockholder or key manager of the applicant owns
5% or more of the stock, warrants, options or debt securities. This list
must include a description of each subsidiary's principal business and
relationship to the applicant.
(b) A list of the applicant's affiliates, if any. For the purposes
of this section, an affiliate is:
(1) Any business that holds a 5% or more interest in the applicant;
or,
(2) Any business in which a 5% or more interest is held by a
business that also holds a 5% or more interest in the applicant.
(c) A list of the names, addresses, citizenship and principal
business of any person holding 5% or more of each class of stock,
warrants, options or debt securities of the applicant, indicating the
amount and percentage held, and providing the name, address, citizenship
and principal place of business of any person, if other than the holder,
for whose benefit such interest is held. If any such persons are related
by blood or marriage, the relationship must be disclosed.
(d) For initial cellular applications, the name and address of each
partner, his or her citizenship and the share or interest participation
in the partnership. This information must be provided for all partners,
regardless of their respective ownership interests in the partnership. A
signed and dated copy of the partnership agreement must be included in
the application. See Sec. 22.953(a)(5)(v).
Sec. 22.115 Content of applications.
Applications must contain all applicable information requested on
the standard form and any additional information required by the rules
in this part.
(a) Site-specific requirements. The following requirements apply to
all Public Mobile Service applications that involve specific
transmitting antenna sites:
(1) Site availability. At the time of filing, applicants must have
obtained reasonable assurance that all antenna sites specified in their
applications are available for the proposed use.
(2) Antenna structure registration. Applications proposing the use
of one or more new or existing antenna structures must contain the FCC
Antenna Structure Registration Number, if assigned, of each such antenna
structure for which Federal Aviation Administration (FAA) notification
is or was required by part 17 of this chapter prior to its construction.
If, at the time an application is filed, an FCC Antenna Structure
Registration Number has not been assigned for any such antenna
structure, the applicant must indicate in the application whether or
not, as of the date the application is filed, the antenna structure
owner has registered the antenna structure with the FCC in accordance
with part 17 of this chapter.
(3) FAA notification. Before constructing a new antenna structure or
increasing the height of an existing structure, an antenna structure
owner may be required to obtain an FAA determination of No Hazard to Air
Navigation. To obtain this determination, the FAA must be notified of
the planned construction or alteration. Criteria used to determine
whether FAA notification is required for any particular antenna
structure are contained in part 17 of this chapter.
(i) Applications proposing to use a new antenna structure or an
existing antenna structure for which the height is increased must
indicate whether FAA notification is required by part 17 of this
chapter.
(ii) If FAA notification is required by part 17 of this chapter, a
copy of the FAA determination should be included in the application.
However, if the FAA determination is not available at the
[[Page 101]]
time the application is filed, the application must include the
following information in regard to the FAA notification: the name of the
person that submitted the notification, the date the notification was
submitted, and the location of the FAA office to which the notification
was submitted.
(iii) If FAA notification is not required by part 17 of this
chapter, the application must indicate such and, unless the reason
therefor is obvious (e.g. antenna structure height is less than 6.10
meters above ground level), must contain a statement explaining why FAA
notification is not required.
(4) Antenna locations. Applications for stations at fixed locations
must describe each transmitting antenna site by its geographical
coordinates and also by its street address, or by reference to a nearby
landmark. Geographical coordinates must be specified in degrees,
minutes, and seconds to the nearest second of latitude and longitude.
Note to paragraph (a)(4) of Sec. 22.115: The FAA has announced that
effective October 15, 1992, it will use geographic coordinates based on
the 1983 North American Datum (NAD83). Until further notice, however,
the FCC will continue to use geographical coordinates based the 1927
North American Datum (NAD27). Applicants may supply geographical
coordinates based on NAD83 in addition to those required (NAD27).
(5) Environmental concerns. Each applicant is required to indicate
at the time its application is filed whether or not an FCC grant of the
application may have a significant environmental effect, as defined by
Sec. 1.1307 of this chapter. If answered affirmatively, an Environmental
Assessment, required by Sec. 1.1311 of this chapter, must be filed with
the application and environmental review by the FCC must be completed
prior to construction.
(b) Reference to material on file. Questions on application forms
that call for specific technical data, or that can be answered yes or no
or with another short answer, must be answered on the form. Otherwise,
if documents, exhibits, or other lengthy showings already on file with
the FCC contain information required in an application, the application
may incorporate such information by reference, provided that:
(1) The reference information comprises more than one 8\1/2\;Prime;
x 11Prime; page and is current and accurate in all material respects;
and,
(2) The reference states specifically where the referenced
information can actually be found, including:
(i) The station call sign or application file number, if the
reference is to station files or previously filed applications;
(ii) The title of the proceeding, the docket number, and any legal
citations, if the reference is to a docketed proceeding.
(c) Service specific requirements. Applications for authorization in
the Cellular Radiotelephone Service must contain specific information as
required by Sec. 22.929 and Sec. 22.953. Applications for authorization
in the Paging and Radiotelephone Service must contain specific
information as required by Sec. 22.529, Sec. 22.559 and Sec. 22.589.
Applications for authorization in the Rural Radiotelephone Service must
contain the information required by Sec. 22.709. Applications for
authorization in the Offshore Radio Service must contain the information
required by Sec. 22.1037. Applications for authorization in the Air-
Ground Radiotelephone Service must contain specific information as
required by Sec. 22.803 and Sec. 22.875, as appropriate.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
61 FR 4365, Feb. 6, 1996; 62 FR 11629, Mar. 12, 1997]
Sec. 22.117 Content of notifications.
Notifications must contain all applicable information requested on
the standard form and any additional information required by the rules
in this part. See Secs. 22.124, 22.137, 22.142, 22.163, 22.165, 22.941,
and 22.946.
Sec. 22.119 Requests for rule waivers.
The FCC may waive the requirements of rules in this part on its own
motion or upon written request.
(a) Requests for waiver of rules must contain a complete explanation
as to why the waiver is desired. The FCC may grant a request for waiver
if it is shown that:
(1) The underlying purpose of the rule(s) would not be served or
would be frustrated by application to the instant
[[Page 102]]
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 that the applicant has
no reasonable alternative.
(b) The FCC, in its discretion, may give public notice of the filing
of a waiver request and seek comment from the public or affected
parties.
(c) Denial of a rule waiver request associated with an application
renders that application defective unless it contains an alternative
proposal that fully complies with the rules, in which event the
application is processed using the alternative proposal as if the waiver
had not been requested. Applications rendered defective may be dismissed
without prejudice.
Sec. 22.120 Application processing; initial procedures.
This section contains rules governing the initial processing of
applications for authority to operate a station in the Public Mobile
Services.
(a) File numbers. Applications received by the FCC are assigned file
numbers. Assignment of a file number to an application is for
administrative convenience and does not constitute a determination that
the application is acceptable for filing. Assignment of a file number
does not preclude the subsequent return or dismissal of an application.
For administrative efficiency, the FCC, in its discretion, occasionally
consolidates separate applications filed simultaneously by the same
applicant into a single application (with one file number) and splits
applications comprising two or more severable proposals into separate
applications (with different file numbers).
(b) Received date. The FCC records the date on which each
application is received. This date is used to determine compliance with
applicable cut-off dates or filing windows and for other purposes.
(c) Initial review for completeness (prescreening). Each application
is reviewed for completeness. The purpose of this initial review is to
identify applications that are defective in an obvious way (e.g. not
signed, missing pages, improper or missing fee payment). Applications
found to be defective in this review are unacceptable for filing and may
be returned to the applicant with a brief statement indicating the
nature of the defect(s) found. Applications for which no obvious defects
are discovered in the initial review are acceptable for filing.
(d) Public notice; acceptance for filing. The FCC periodically
issues Public Notices that list applications that are acceptable for
filing. The listing of an application on a Public Notice as acceptable
for filing provides notices to the public that the application has been
filed; it does not preclude dismissal of the application if it is
subsequently found to be defective or otherwise subject to dismissal
under Sec. 22.128.
Sec. 22.121 Repetitious, inconsistent or conflicting applications.
Repetitious, inconsistent or conflicting applications are not
accepted for filing by the FCC. Unless the FCC in a particular case
determines otherwise, such applications are not returned to the
applicant.
(a) While an application is pending, any subsequent inconsistent or
conflicting application submitted by, on behalf of, or for the benefit
of the same applicant, its successor or assignee will not be accepted
for filing.
(b) If an applicant has been afforded an opportunity for a hearing
with respect to an application for a new station or an enlargement of
service area, and the FCC has, after hearing or default, denied the
application or dismissed it with prejudice, the FCC will not consider a
like application for service of the same type to the same area by that
applicant, or by its successor or assignee, or on behalf of or for the
benefit of the parties in interest to the original application, until
one year after the effective date of the FCC's action on the original
application.
(c) If an appeal has been taken from the action of the FCC denying a
particular application, a like application for service of the same type
to the same area, in whole or in part, filed by that applicant or by its
successor or assignee, or on behalf or for the benefit of
[[Page 103]]
the parties in interest to the original application, will not be
considered until the final disposition of such appeal.
(d) If an authorization is automatically terminated because of
failure to commence service to subscribers (see Sec. 22.144), the FCC
will not consider an application for another authorization to operate a
station on the same channel in the same geographical area by that party,
or by its successor or assignee, or on behalf of or for the benefit of
the parties in interest to the terminated authorization, until one year
after the date the authorization terminated. This paragraph does not
apply to authorizations in the Cellular Radiotelephone Service.
[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994]
Sec. 22.122 Amendment of applications.
Pending applications may be amended as a matter of right if they
have not been designated for hearing or listed in a Public Notice for a
random selection or competitive bidding process, except as provided in
paragraphs (b) and (c) of this section and in Sec. 22.949.
(a) If a petition to deny or other formal objection has been filed,
a copy of any amendment (or other filing) must be served on the
petitioner. If the FCC has issued a Public Notice stating that the
application appears to be mutually exclusive with another application
(or applications), a copy of any amendment (or other filing) must be
served on any such mutually exclusive applicant (or applicants).
(b) Amendments to applications that resolve mutual exclusivity may
be filed at any time, subject to the requirements of Sec. 22.129.
(c) Amendments to applications designated for hearing may be allowed
by the presiding officer and amendments to applications selected in a
random selection process may be allowed by the FCC for good cause shown.
In such instances, a written petition demonstrating good cause must be
submitted and served upon the parties of record.
Sec. 22.123 Classification of filings as major or minor.
Applications and amendments to applications are classified as major
or minor. Categories of major and minor filings are listed in section
309 of the Communications Act of 1934, as amended (47 U.S.C. 309). In
general, a major filing is a request for an FCC action that has the
potential to affect parties other than the applicant. Filings are minor
if they are not classified as major.
(a) Ownership or control change. Filings are major if they specify a
substantial change in beneficial ownership or control (de jure or de
facto), unless such change is involuntary or if the filing merely amends
an application to reflect a change in ownership or control that has
already been approved by the FCC.
(b) Developmental. Applications are major if they request a
developmental authorization pursuant to Sec. 22.409, or a regular
authorization for facilities operating under a developmental
authorization.
(c) Renewal. Applications of renewal of authorizations are major.
(d) Environmental. Filings are major if they request authorization
for a facility that would have a significant environmental effect, as
defined by Secs. 1.1301 through 1.1319 of this chapter.
(e) Paging and Radiotelephone Service. In the Paging and
Radiotelephone Service, filings are major if they:
(1) Request that a paging geographic area authorization be issued to
the filer on a requested channel;
(2) Request an authorization that would establish for the filer a
new fixed transmission path or service area (a new station) on a
requested channel, unless the new service area would be totally within a
paging geographic area for which the filer holds the paging geographic
area authorization for the requested channel;
(3) Request an authorization that would extend the interfering
contours of an existing station beyond the composite interfering
contours of station(s) authorized to the filer on a request channel;
(4) Request an authorization that would increase the effective
radiated power or antenna height above average
[[Page 104]]
terrain in any azimuth from an existing fixed transmitter authorized to
the filer;
(5) Request an authorization that would relocate an existing fixed
transmitter;
(6) Amend a pending application to change a requested channel;
(7) Amend a pending application in a way that would extend the
service area of a station on a requested channel to include area that--
(i) Would not have been served by that station as previously
proposed in the application and--
(ii) Is not already served by the station on the requested channel;
(8) Amend a pending application in a way that would extend the
interfering contours of a station on a requested channel beyond--
(i) The composite interfering contours of that station as previously
proposed in the application and--
(ii) The composite interfering contours of any other stations
authorized to the filer on a requested channel;
(9) Amend a pending application to increase the proposed effective
radiated power or antenna height above average terrain in any azimuth of
a fixed transmitter;
(10) Amend a pending application to change the location of a fixed
transmitter from that previously proposed in the application; or,
(11) Amend a pending application for which pre-filing coordination
was required (see Sec. 22.150) to change the technical proposal
substantially from that which was coordinated with other users.
(f) Rural Radiotelephone Service. In the Rural Radiotelephone
Service, filings are major if they:
(1) Request an authorization for a new central office or subscriber
station;
(2) Request an authorization that would extend the interfering
contours of an existing station beyond the composite interfering
contours of station(s) authorized to the filer on a requested channel;
(3) Request an authorization that would increase the effective
radiated power or antenna height above average terrain in any azimuth
from an existing transmitter authorized to the filer;
(4) Request an authorization that would relocate an existing
transmitter;
(5) Amend a pending application to change a requested channel;
(6) Amend a pending application in a way that would extend the
interfering contours of a station on a requested channel beyond--
(i) The composite interfering contours of that station as previously
proposed in the application and--
(ii) The composite interfering contours of any other stations
authorized to the filer on a requested channel; or,
(7) Amend a pending application to increase the proposed effective
radiated power or antenna height above average terrain in any azimuth of
a transmitter.
(g) Cellular Radiotelephone Service. In the Cellular Radiotelephone
Service, filings are major if they:
(1) Request an authorization to operate a new cellular system;
(2) Request an authorization for facilities that would expand the
cellular geographic service area (CGSA) of an existing cellular system,
except during the applicable five year build-out period, if any;
(3) Request an authorization for facilities that would produce a de
minimis service area boundary extension (see Sec. 22.911(c)(1));
(4) Request that a CGSA boundary or a portion of a CGSA boundary be
determined using an alternative method (see Sec. 22.911(b));
(5) Amend a pending application to change the requested channel
block; or,
(6) Amend a pending application by modifying the CGSA of the
proposed cellular system to include area that--
(i) Was not included in the CGSA as previously proposed in the
application and--
(ii) Is not included in the currently authorized CGSA, if any.
(h) Air-ground Radiotelephone. In the Air-ground Radiotelephone
Service, filings are major if they:
(1) Request an authorization for a new General Aviation ground
station or to relocate an existing General Aviation ground station;
(2) Request the first authorization for a new Commercial Aviation
ground station at a location other than those listed in Sec. 22.859;
[[Page 105]]
(3) Request authorization to add a channel to or change a channel of
an existing General Aviation ground station; or,
(4) Amend a pending application to change the requested channel or
channel block.
(i) Offshore Radiotelephone. In the Offshore Radiotelephone Service,
filings are major if they:
(1) Request an authorization for a new offshore central or
subscriber station;
(2) Request authorization to add a channel to or change a channel of
an existing offshore central or subscriber station; or,
(3) Amend a pending application to change the technical proposal
substantially from that which was coordinated with other users prior to
filing.
(j) Clerical errors. Amendments are classified as minor if they only
correct typographical, transcription or similar clerical errors that are
clearly demonstrated (e.g. by reference to other parts of the
application) to be mistakes, and whose discovery and correction does not
change information previously listed in a Public Notice.
[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11629, Mar. 12, 1997]
Sec. 22.124 Notification processing.
This section contains rules governing the processing of
notifications (filed on FCC Form 489) in the Public Mobile Services.
(a) File numbers. Notifications received by the FCC are assigned
file numbers. Assignment of a file number to a notification is for
administrative convenience and does not constitute a determination that
the notified action has been examined and not rejected by the FCC.
Assignment of a file number does not preclude the return of a
notification subsequently found to be defective.
(b) Defective notifications. A notification is defective if:
(1) It is unsigned or incomplete with respect to required answers to
questions, informational showings, or other matters of a formal
character;
(2) It notifies of an action that does not comply with one or more
of the FCC rules;
(3) It notifies of an action for which an application for
authorization is required;
(4) It is submitted without the required microfiche; or,
(5) It is untimely filed.
(c) Review. After a file number is assigned, each notification is
reviewed. The purpose of this review is to identify notifications that
are unacceptable (e.g. not signed, missing pages, improper or missing
fee payment). Notifications found to be unacceptable may be returned to
the licensee with a brief statement describing the deficiency. If a
notification is found to be unacceptable, the FCC may direct the
licensee to return the station to compliance with its previous license
terms. Acceptable notifications are added to the appropriate station
files.
Sec. 22.125 Application for special temporary authorizations.
In circumstances requiring immediate or temporary use of Public
Mobile Services stations, carriers may request special temporary
authority (STA) to operate new or modified equipment. Such requests may
be submitted as informal applications (see Sec. 22.105) and must contain
complete details about the proposed operation and the circumstances that
fully justify and necessitate the grant of STA. Such requests should be
filed in time to be received by the FCC at least 10 days prior to the
date of proposed operation or, where an extension is sought, 10 days
prior to the expiration date of the existing STA. Requests received less
than 10 days prior to the desired date of operation may be given
expedited considerations only if compelling reasons are given, in
writing, for the delay in submitting the request. Otherwise, such late-
filed requests are considered in turn, but action might not be taken
prior to the desired date of operation. Requests for STAs must be
accompanied by the proper filing fee.
(a) Grant without Public Notice. STAs may be granted without being
listed in a Public Notice, or prior to 30 days after such listing, if:
(1) The STA is to be valid for 30 days or less and the applicant
does not plan to file an application for regular authorization of the
subject operation;
[[Page 106]]
(2) The STA is to be valid for 60 days or less, pending the filing
of an application for regular authorization of the subject operation;
(3) The STA is to allow interim operation to facilitate completion
of authorized construction or to provide substantially the same service
as previously authorized; or
(4) The STA is made upon a finding that there are extraordinary
circumstances requiring operation in the public interest and that delay
in the institution of such service would seriously prejudice the public
interest.
(b) Limit on STA term. The FCC may grant STAs valid for a period not
to exceed 180 days under the provisions of Sec. 309(f) of the
Communications Act of 1934, as amended, (47 U.S.C. 309(f)) if
extraordinary circumstances so require, and pending the filing of an
application for regular operation. The FCC may grant extensions of STAs
for a period of 180 days, but the applicant must show that extraordinary
circumstances warrant such an extension.
Sec. 22.127 Public notices.
Periodically, the FCC issues Public Notices listing major filings
and other information of public significance. Categories of Public
Notice listings are as follows:
(a) Accepted for filing. Acceptance for filing of applications and
major amendments thereto.
(b) Actions. FCC actions on pending applications previously listed
as accepted for filing.
(c) Informative listings. Information that the FCC, in its
discretion, believes to be of public significance. Such listings do not
create any rights to file oppositions or other pleadings.
Sec. 22.128 Dismissal of applications.
The FCC may dismiss any application for authorization, assignment of
authorization, or consent to transfer of control in the Public Mobile
Services, upon request by the applicant, or if the application is
untimely filed, or if the application is mutually exclusive with another
application that is selected or granted in accordance with the rules in
this part, or for failure to prosecute, or if the requested spectrum is
not available, or if the application is found to be defective. Such
dismissal may be ``without prejudice,'' meaning that the FCC may accept
from the applicant another application for the same purpose at any later
time, or ``with prejudice,'' meaning that the FCC will not accept from
the applicant another application for the same purpose for a period of
one year. Unless otherwise provided in this part, a dismissed
application will not be returned to the applicant.
(a) Dismissal at request of applicant. Any applicant may request
that its application be returned or dismissed. A request for the return
of an application after it has been listed on Public Notice as
tentatively accepted for filing is considered to be a request for
dismissal of that application without prejudice.
(1) If the applicant requests dismissal of its application with
prejudice, the FCC will dismiss that application with prejudice.
(2) If the applicant requests dismissal of its application without
prejudice, the FCC will dismiss that application without prejudice,
unless:
(i) It has been designated for comparative hearing;
(ii) It has been selected in a random selection process; or,
(iii) It is an application for which the applicant submitted the
winning bid in a competitive bidding process.
(3) If the applicant requests dismissal of its application for which
it submitted the winning bid in a competitive bidding process, the FCC
will dismiss that application with prejudice. If the applicant requests
dismissal of its application after that application has been designated
for comparative hearing or selected in a random selection process, it
may submit a written petition requesting that the dismissal be without
prejudice. Such petition must demonstrate good cause and comply with
Sec. 22.129 and be served upon all parties of record. The FCC may grant
such petition and dismiss the application without prejudice or deny the
petition and dismiss the application with prejudice.
(b) Dismissal of mutually exclusive applications not granted. The
FCC may dismiss mutually exclusive applications:
(1) For which the applicant did not submit the winning bid in a
competitive bidding process;
[[Page 107]]
(2) That are included in a random selection process but are not
granted; or,
(3) That receive comparative consideration in a hearing but are not
granted by order of the presiding officer.
(c) Dismissal for failure to prosecute. The FCC may dismiss
applications for failure of the applicant to prosecute or for failure of
the applicant to respond substantially within a specified time period to
official correspondence or requests for additional information. Such
dismissal will generally be without prejudice if the failure to
prosecute or respond occurred prior to designation of the application
for comparative hearing or prior to selection of the application in a
random selection process, but may be with prejudice in cases of non-
compliance with Sec. 22.129. Dismissal will generally be with prejudice
if the failure to prosecute or respond occurred after designation of the
application for comparative hearing or after selection of the
application in a random selection process. The FCC may dismiss
applications with prejudice for failure of the applicant to comply with
requirements related to a competitive bidding process.
(d) Dismissal as defective. The FCC may dismiss without prejudice
applications that it finds to be defective. Applications for
authorization or assignment of authorization are defective if:
(1) They are unsigned or incomplete with respect to required answers
to questions, informational showings, or other matters of a formal
character; or,
(2) They request an authorization that would not comply with one or
more of the FCC rules and do not contain a request for waiver of these
rule(s), or in the event that the FCC denies such a waiver request, do
not contain an alternative proposal that fully complies with the rules;
(e) Dismissal because spectrum not available. The FCC may dismiss
applications that request spectrum which is unavailable because:
(1) It is not allocated for assignment in the Public Mobile Services
(see part 2 of this chapter);
(2) It was previously assigned to another licensee on an exclusive
basis or cannot be assigned to the applicant without causing
interference; or
(3) Reasonable efforts have been made to coordinate the proposed
facility with foreign administrations under applicable international
agreements, and an unfavorable response (harmful interference
anticipated) has been received.
(f) Dismissal as untimely. The FCC may dismiss without prejudice
applications that are prematurely or late filed, including applications
filed prior to the opening date or after the closing date of a filing
window, or after the cut-off date for a mutually exclusive application
filing group.
Sec. 22.129 Agreements to dismiss applications, amendments or pleadings.
Parties that have filed an application in the Public Mobile Services
that is mutually exclusive with one or more other applications, and then
enter into an agreement to resolve the mutual exclusivity by withdrawing
or requesting dismissal of the application or an amendment thereto, must
obtain the approval of the FCC. Parties that have filed or threatened to
file a petition to deny, informal objection or other pleading against a
pending application in the Public Mobile Services and then seek to
withdraw or request dismissal of, or refrain from filing, the petition,
either unilaterally or in exchange for a financial consideration, must
obtain the approval of the FCC.
(a) The party withdrawing or requesting dismissal of its
application, petition to deny, informal objection or other pleading or
refraining from filing a pleading must submit to the FCC a request for
approval of the withdrawal or dismissal, a copy of any written agreement
related to the withdrawal or dismissal, and an affidavit setting forth:
(1) A certification that neither the party nor its principals has
received or will receive any money or other consideration in excess of
the legitimate and prudent expenses incurred in preparing and
prosecuting the application, petition to deny, informal objection or
other pleading in exchange for the withdrawal or dismissal of the
application, petition to deny, informal objection or other pleading, or
threat to file a pleading, except that this provision
[[Page 108]]
does not apply to dismissal or withdrawal of applications pursuant to
bona fide merger agreements;
(2) The exact nature and amount of any consideration received or
promised;
(3) An itemized accounting of the expenses for which it seeks
reimbursement; and
(4) The terms of any oral agreement related to the withdrawal or
dismissal of the application, petition to deny, informal objection or
other pleading or threat to file a pleading.
(b) In addition, within 5 days of the filing date of the applicant's
or petitioner's request for approval, each remaining party to any
written or oral agreement must submit an affidavit setting forth:
(1) A certification that neither the applicant nor its principals
has paid or will pay money or other consideration in excess of the
legitimate and prudent expenses of the petitioner in exchange for
withdrawing or dismissing the application, petition to deny, informal
objection or other pleading; and
(2) The terms of any oral agreement relating to the withdrawal or
dismissal of the application, petition to deny, informal objection or
other pleading.
(c) No person shall make or receive any payments in exchange for
withdrawing a threat to file or refraining from filing a petition to
deny, informal objection, or any other pleading against an application.
For the purposes of this section, reimbursement by an applicant of the
legitimate and prudent expenses of a potential petitioner or objector,
incurred reasonably and directly in preparing to file a petition to
deny, will not be considered to be payment for refraining from filing a
petition to deny or an informal objection. Payments made directly to a
potential petitioner or objector, or a person related to a potential
petitioner or objector, to implement non-financial promises are
prohibited unless specifically approved by the FCC.
(d) For the purposes of this section:
(1) Affidavits filed pursuant to this section must be executed by
the filing party, if an individual, a partner having personal knowledge
of the facts, if a partnership, or an officer having personal knowledge
of the facts, if a corporation or association.
(2) Applications, petitions to deny, informal objections and other
pleadings are deemed to be pending before the FCC from the time the
application or petition to deny is filed with the FCC until such time as
an order of the FCC granting, denying or dismissing the application,
petition to deny, informal objection or other pleading is no longer
subject to reconsideration by the FCC or to review by any court.
(3) ``Legitimate and prudent expenses'' are those expenses
reasonably incurred by a party in preparing to file, filing, prosecuting
and/or settling its application, petition to deny, informal objection or
other pleading for which reimbursement is sought.
(4) ``Other consideration'' consists of financial concessions,
including, but not limited to, the transfer of assets or the provision
of tangible pecuniary benefit, as well as non-financial concessions that
confer any type of benefit on the recipient.
(e) Notwithstanding the provisions of this section, any payments
made or received in exchange for withdrawing a short-form application
for an FCC authorization awarded through competitive bidding shall be
subject to the restrictions set forth in Sec. 1.2105(c) of this chapter.
[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11629, Mar. 12, 1997]
Sec. 22.130 Petitions to deny, responsive pleadings.
Petitions to deny any major filing may be filed by parties able to
demonstrate standing to file such petitions. Responsive pleadings to
such petitions may be filed in accordance with the provisions of this
section.
(a) Content and requirements. Petitions to deny and responsive
pleadings must:
(1) Clearly identify the pertinent major filing(s);
(2) Comply with all applicable requirements of Sec. 1.41 through
Sec. 1.52 of this chapter;
(3) Contain specific allegations of fact which, except for facts of
which official notice may be taken, are supported by affidavit of a
person or persons with personal knowledge thereof,
[[Page 109]]
and which are sufficient to demonstrate that the petitioner (or
respondent) is a party in interest and that a grant or other FCC action
regarding the major filing would be inconsistent with the public
interest;
(4) Be filed within 30 days after the date of the Public Notice
listing the major filing; and.
(5) Contain a certificate of service showing that a copy has been
mailed to the applicant no later than the date of filing with the FCC.
(b) Expansion. Petitions to deny a major amendment to an application
may raise only matters directly related to the major amendment that
could not have been raised in connection with the application as
originally filed. This paragraph does not apply to petitioners who gain
standing because of the major amendment.
(c) Dismissal. The FCC may, by letter, dismiss any petition to deny
a major filing if the petition does not comply with the requirements of
this section, if the issues raised become moot, or if the petitioner or
his/her attorney fails to appear at a settlement conference pursuant to
Sec. 22.135. The reason(s) for the dismissal are stated in the letter.
When a petition to deny is dismissed, any related responsive pleadings
are also dismissed.
Sec. 22.131 Procedures for mutually exclusive applications.
Two or more pending applications are mutually exclusive if the grant
of one application would effectively preclude the grant of one or more
of the others under Commission rules governing the Public Mobile
Services involved. The Commission uses the general procedures in this
section for processing mutually exclusive applications in the Public
Mobile Services. Additional specific procedures are prescribed in the
subparts of this part governing the individual Public Mobile Services
(see Secs. 22.509, 22.717, and 22.949) and in part 1 of this chapter.
(a) Separate applications. Any applicant that files an application
knowing that it will be mutually exclusive with one or more applications
should not include in the mutually exclusive application a request for
other channels or facilities that would not, by themselves, render the
application mutually exclusive with those other applications. Instead,
the request for such other channels or facilities should be filed in a
separate application.
(b) Filing groups. Pending mutually exclusive applications are
processed in filing groups. Mutually exclusive applications in a filing
group are given concurrent consideration. The Commission may dismiss as
defective (pursuant to Sec. 22.128) any mutually exclusive
application(s) whose filing date is outside of the date range for
inclusion in the filing group. The types of filing groups used in day-
to-day application processing are specified in paragraph (c)(3) of this
section. A filing group is one of the following types:
(1) Renewal filing group. A renewal filing group comprises a timely-
filed application for renewal of an authorization and all timely-filed
mutually exclusive competing applications (see Sec. 22.145).
(2) Same-day filing group. A same-day filing group comprises all
mutually exclusive applications whose filing date is the same day, which
is normally the filing date of the first-filed application(s).
(3) Thirty-day notice and cut-off filing group. A 30-day notice and
cut-off filing group comprises mutually exclusive applications whose
filing date is no later than thirty (30) days after the date of the
Public Notice listing the first-filed application(s) (according to the
filing dates) as acceptable for filing.
(4) Window filing group. A window filing group comprises mutually
exclusive applications whose filing date is within an announced filing
window. An announced filing window is a period of time between and
including two specific dates, which are the first and last dates on
which applications (or amendments) for a particular purpose may be
accepted for filing. In the case of a one-day window, the two dates are
the same. The dates are made known to the public in advance.
(c) Procedures. Generally, the Commission may grant one application
in a filing group of mutually exclusive applications and dismiss the
other application(s) in the filing group that are
[[Page 110]]
excluded by that grant, pursuant to Sec. 22.128.
(1) Selection methods. In selecting the application to grant, the
Commission may use competitive bidding, random selection, or comparative
hearings, depending upon the type of applications involved.
(2) Dismissal of applications. The Commission may dismiss any
application in a filing group that is defective or otherwise subject to
dismissal under Sec. 22.128, either before or after employing selection
procedures.
(3) Type of filing group used. Except as otherwise provided in this
part, the type of filing group used in the processing of two or more
mutually exclusive applications depends upon the purpose(s) of the
applications.
(i) If one of the mutually exclusive applications is a timely-filed
application for renewal of an authorization, a renewal filing group is
used.
(ii) If any mutually exclusive application filed on the earliest
filing date is an application for modification and none of the mutually
exclusive applications is a timely-filed application for renewal, a
same-day filing group is used.
(iii) If all of the mutually exclusive applications filed on the
earliest filing date are applications for initial authorization, a 30-
day notice and cut-off filing group is used, except that, for Phase I
unserved area applications in the Cellular Radiotelephone Service, a
one-day window filing group is used (see Sec. 22.949).
(4) Disposition. If there is only one application in any type of
filing group, the Commission may grant that application and dismiss
without prejudice any mutually exclusive applications not in the filing
group. If there is more than one mutually exclusive application in a
filing group, the Commission disposes of these applications as follows:
(i) Applications in a renewal filing group. All mutually exclusive
applications in a renewal filing group are designated for comparative
consideration in a hearing.
(ii) Applications in a 30-day notice and cut-off filing group.
(A) If all of the mutually exclusive applications in a 30-day notice
and cut-off filing group are applications for initial authorization, the
FCC administers competitive bidding procedures in accordance with
Sec. 22.201 through Sec. 22.227 and subpart Q of part 1 of this chapter,
as applicable. After such procedures, the application of the successful
bidder may be granted and the other applications may be dismissed
without prejudice.
(B) If any of the mutually exclusive applications in a 30-day notice
and cut-off filing group is an application for modification, the
Commission may attempt to resolve the mutual exclusivity by facilitating
a settlement between the applicants. If a settlement is not reached
within a reasonable time, the FCC may designate all applications in the
filing group for comparative consideration in a hearing. In this event,
the result of the hearing disposes all of the applications in the filing
group.
(iii) Applications in a same-day filing group. If there are two or
more mutually exclusive applications in a same-day filing group, the
Commission may attempt to resolve the mutual exclusivity by facilitating
a settlement between the applicants. If a settlement is not reached
within a reasonable time, the Commission may designate all applications
in the filing group for comparative consideration in a hearing. In this
event, the result of the hearing disposes of all of the applications in
the filing group.
(iv) Applications in a window filing group. Applications in a window
filing group are processed in accordance with the procedures for a 30-
day notice and cut-off filing group in paragraph (c)(4)(ii) of this
section.
(d) Terminology. For the purposes of this section, terms have the
following meanings:
(1) The filing date of an application is the date on which that
application was received in a condition acceptable for filing or the
date on which the most recently filed major amendment to that
application was received, whichever is later, excluding major amendments
in the following circumstances:
(i) The major amendment reflects only a change in ownership or
control found by the Commission to be in the public interest;
[[Page 111]]
(ii) The major amendment as received is defective or otherwise found
unacceptable for filing; or
(iii) The application being amended has been designated for hearing
and the Commission or the presiding officer accepts the major amendment.
(2) An application for initial authorization is:
(i) Any application requesting an authorization for a new system or
station;
(ii) Any application requesting authorization for an existing
station to operate on an additional channel, unless the additional
channel is for paired two-way radiotelephone operation, is in the same
frequency range as the existing channel(s), and will be operationally
integrated with the existing channel(s) such as by trunking;
(iii) Any application requesting authorization for a new transmitter
at a location more than 2 kilometers (1.2 miles) from any existing
transmitters of the applicant licensee on the requested channel or
channel block; or
(iv) Any application to expand the CGSA of a cellular system (as
defined in Sec. 22.911), except during the five-year build-out period.
(v) Any ``short-form'' application (filed on FCC Form 175)
requesting a new paging geographic area authorization.
(3) An application for modification is any application other than an
application for initial authorization or renewal.
[59 FR 59954, Nov. 21, 1994, as amended at 62 FR 11629, Mar. 12, 1997]
Sec. 22.132 Grant of applications.
Applications for authorization may be granted thirty days after the
issuance date of a Public Notice listing an application or the latest
filed major amendment thereto as acceptable for filing.
(a) Criteria for grants. The FCC grants applications without a
hearing if, after examination of the application and consideration of
any petitions or other pleadings and of such other matters as it may
officially notice, the FCC finds that:
(1) A grant will serve the public interest, convenience, and
necessity;
(2) There are no substantial and material questions of fact
presented;
(3) The applicant is eligible and qualified under applicable FCC
regulations and policies;
(4) The application is acceptable for filing, and complies with the
FCC rules and other applicable requirements;
(5) The application has not been designated for a hearing after
being selected in a random selection process;
(6) There are no applications entitled to comparative consideration
with the application being granted; and
(7) Operation of the proposed station would not cause interference
to any authorized station(s).
(b) Grant of petitioned applications. The FCC may grant, without a
formal hearing, applications against which petitions to deny has been
filed. If any petition(s) to deny are pending (i.e. have not been
dismissed pursuant to Sec. 22.130(c) or withdrawn by the petitioner)
when an application is granted, the FCC denies the petition(s) and
issues a concise statement of the reason(s) for the denial, disposing of
all substantive issues raised in the petitions.
(c) Partial and conditional grants. The FCC may grant applications
in part, and/or subject to conditions other than those normally applied
to authorizations of the same type. When the FCC does this, it will
inform the applicant of the reasons therefor. Such partial or
conditional grants are final unless the FCC revises its action in
response to a petition for reconsideration. Such petitions for
reconsideration must be filed by the applicant within thirty days after
the date of the letter or order stating the reasons for the partial or
conditional grant, and must reject the partial or conditional grant and
return the instrument of authorization.
(d) Designation for hearing. The FCC may designate applications for
a hearing, specifying with particularity the matters in issue, if, after
consideration of the application, any petitions or other pleadings, and
other matters which it may officially notice, the FCC is unable to make
one or more of the findings listed in paragraph (a) of this section. The
FCC may grant, deny or take other action with respect to applications
designated for a hearing.
[[Page 112]]
Sec. 22.135 Settlement conference.
Parties are encouraged to use alternative dispute resolution
procedures to settle disputes (see subpart E of part 1 of this chapter).
In any contested proceeding, the FCC, in its discretion, may direct the
parties or their attorneys to appear before it for a conference.
(a) The purposes of such conferences are:
(1) To obtain admissions of fact or stipulations between the parties
as to any or all of the matters in controversy;
(2) To consider the necessity for or desirability of amendments to
the pleadings, or of additional pleadings or evidentiary submissions;
(3) To consider simplification or narrowing of the issues;
(4) To encourage settlement of the matters in controversy by
agreement between the parties; and
(5) To consider other matters that may aid in the resolution of the
contested proceeding.
(b) Conferences are scheduled by the FCC at a time and place it may
designate, to be conducted in person or by telephone conference call.
(c) The failure of any party or attorney, following reasonable
notice, to appear at a scheduled conference will be deemed a failure to
prosecute, subjecting that party's application or petition to dismissal
by the FCC pursuant to Sec. 22.128(c) or Sec. 22.130(c).
Sec. 22.137 Assignment of authorization; transfer of control.
Authorizations in the Public Mobile Services may be assigned by the
licensee to another party, voluntarily or involuntarily, directly or
indirectly, or by transfer of control of a licensee holding such
authorizations, only upon approval by the FCC. The assignee is
responsible for ascertaining that the station facilities are and will
remain in compliance with the terms and conditions of the authorization
to be assigned.
(a) Application required. The assignor or transferor must file an
application for approval of assignment or transfer of control (FCC Form
490). In the case of involuntary assignment, such application must be
filed no later than 30 days after the event causing the assignment. The
assignee or transferee must file a report qualifying it as a common
carrier (FCC Form 430) unless a current report is already on file with
the FCC.
(1) Forbearance from pro forma assignments and transfers of control.
Licensees that are telecommunications carriers as defined in 47 U.S.C.
153 are subject to streamlined procedures for pro forma, i.e., non-
substantial, transfers and assignments.
(2) A pro forma assignee or transferee is not required to seek prior
FCC approval for the transaction, but must notify the FCC no later than
30 days after the event causing the assignment or transfer, either by
filing an FCC Form 490 or in letter form. If a letter is submitted, it
must contain a certification that the transfer or assignment is non-
substantial and, together with all previous non-substantial
transactions, does not involve a change in the licensee's ultimate
control. A single letter may be filed for a transfer or assignment of
control of more than one authorization if each authorization affected is
identified by call sign. Licensees must concurrently update ownership
information on their FCC Form 430, if necessary.
(b) Notification of completion. Assignments and transfers of control
must be completed within 60 days of FCC approval, except those licensees
subject to the streamlined procedures of paragraph (a)(1). The assignee
or transferee must notify the FCC by letter of the date of completion of
the assignment or transfer of control. If an assignment or transfer of
control is not completed within this time, the assignor or transferor
must so notify the FCC by letter, and the assignee or transferee must
submit the authorization(s) to the FCC for cancellation or request an
extension of time to complete the assignment or transfer of control. If
the assignment or transfer of control is not completed, the
authorization(s) remain with the assignor or transferor.
(c) Partial assignment of authorization. If the authorization for
some, but not all, of the facilities of a Public Mobile Services station
is assigned to another party, voluntarily or involuntarily, such action
is a partial assignment of authorization.
[[Page 113]]
(1) To request FCC approval of a partial assignment of
authorization, the following must be filed in addition to the forms
required by paragraph (a) of this section:
(i) The assignor must notify the FCC (FCC Form 489) of the
facilities to be deleted from its authorization upon completion of the
assignment.
(ii) The assignee must apply for authority (FCC Form 600) to operate
a new station including the facilities for which authorization is
assigned, or to modify the assignee's existing station to include the
facilities for which authorization was assigned.
(2) Partial assignments must be completed within 60 days of FCC
approval. If an approved partial assignment is not completed within this
time, the assignor must notify the FCC (FCC Form 489), and the assignee
must submit the authorization(s) to the FCC for cancellation or request
an extension of time to complete the assignment. If the assignment is
not completed, the authorization(s) remain with the assignor.
(d) Limitations. The FCC may deny applications for assignment of
authorization or consent to transfer of control if:
(1) The FCC is unable to make the findings contained in
Sec. 22.132(a) with respect to both parties to the assignment or
transfer;
(2) The authorization was obtained for the principal purpose of
speculation or profitable resale, rather than provision of common
carrier telecommunication services to the public; or,
(3) The authorization is for a commercial aviation system in the
Air-ground Radiotelephone Service or an unserved area cellular system in
the Cellular Radiotelephone Service and the system has not been
constructed or operated, or has been operated for less than one year.
(i) Licensees must not enter into agreements (e.g. option agreements
or management contracts) to assign authorizations before or during the
first year of operation, even if the assignment is to take place after
the first year of operation.
(ii) Notwithstanding the introductory texts of paragraphs (d) and
(d)(3) of this section, the FCC may grant applications for pro forma
assignments during the first year of operation.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
63 FR 10344, Mar. 3, 1998]
Sec. 22.139 Trafficking.
Carriers must not obtain or attempt to obtain an authorization in
the Public Mobile services for the principal purpose of speculation or
profitable resale of the authorization, but rather for the provision of
common carrier telecommunication services to the public.
(a) Applications for approval of assignment of authorization may be
reviewed by the FCC to determine if the circumstances indicate
trafficking in Public Mobile services authorizations.
(b) The FCC may require submission of an affirmative, factual
showing, supported by affidavit of persons with personal knowledge
thereof, to demonstrate that the assignor did not acquire the
authorization for the principal purpose of speculation or profitable
resale of the authorization. This showing may include, for example, a
demonstration that the proposed assignment is due to changed
circumstances (described in detail) affecting the licensee after the
grant of the authorization, or that the proposed assignment is
incidental to a sale of other facilities or a merger of interests.
Sec. 22.142 Commencement of service; notification requirement.
Stations must begin providing service to subscribers no later than
the date of required commencement of service specified on the
authorization. If service to subscribers has not begun by the date of
required commencement of service, the authorization terminates, in whole
or in part, without action by the FCC, pursuant to Sec. 21.144.
Additional requirements for construction of facilities apply to cellular
systems (see Sec. 22.946) and commercial aviation air-ground systems
(see Sec. 22.873).
(a) Construction period. The period between the date of grant of an
authorization and the date of required commencement of service is
referred to as the construction period. The terms of construction
periods are given in the
[[Page 114]]
subparts of this part governing each Public Mobile Service.
(b) Notification requirement. Licensees must notify the FCC (FCC
Form 489) of commencement of service to subscribers. The notification
must be mailed or delivered to the filing place (see Sec. 22.106) no
later than 15 days after service begins.
(1) The notification must state whether the station was constructed
exactly as authorized or with minor changes.
(2) If service to subscribers has begun using some, but not all, of
the authorized transmitters, the notification must show to which
specific transmitters it applies. Additional notifications must be filed
if and when other transmitters commence providing service to
subscribers. If the licensee no longer intends to construct and/or
operate the remaining authorized transmitters, the notification should
so state.
(3) This section does not require licensees to notify the FCC of
facilities added or modified pursuant to the provisions of Secs. 22.163
and 22.165. It applies only to facilities specifically listed in
authorizations for which a construction period is provided.
(c) Requests for extension. Before the date of required commencement
of service, licensees may file an application (FCC Form 600) requesting
an extension of the construction period.
(1) The FCC may grant applications for extension of the construction
period if the licensee shows that failure to commence providing service
to subscribers is due to causes beyond its control.
(2) The FCC does not grant applications for extension of the
construction period if failure to commence providing service to
subscribers is due to delays caused by lack of financing, failure to
obtain an antenna site, or failure to order equipment in a timely
manner. If the licensee orders equipment within 90 days of authorization
grant, a presumption of diligence is created.
(3) The FCC does not grant applications for extension of the
construction period if the licensee fails to commence providing service
to subscribers because it intends to assign the authorization. The FCC
does not grant applications for extension of the construction period
solely to allow an assignee to complete facilities the assignor failed
to construct.
(d) Automatic extension for relocation. If, prior to the end of the
construction period, a licensee files an application (FCC Form 600) to
relocate a transmitter because of involuntary loss of the proposed site
or for other reasons due to causes beyond the licensee's control, the
construction period is automatically extended pending disposition of
that application.
(1) Extension of the construction period for one transmitter under
this paragraph does not extend the construction period for other
transmitter under the same authorization that are not to be relocated.
(2) The filing of applications for modifications other than
involuntary relocation does not automatically extend the construction
period.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]
Sec. 22.143 Construction prior to grant of application.
Applicants may construct facilities in the Public Mobile services
prior to grant of their applications, subject to the provisions of this
section, but must not operate such facilities until the FCC grants an
authorization. If the conditions stated in this section are not met,
applicants must not begin to construct facilities in the Public Mobile
Services.
(a) When applicants may begin construction. An applicant may begin
construction of a facility 35 days after the date of the Public Notice
listing the application for that facility as acceptable for filing,
except that an applicant whose application to operate a new cellular
system was selected in a random selection process may begin construction
of that new cellular system 35 days after the date of the Public Notice
listing it as the tentative selectee.
(b) Notification to stop. If the FCC for any reason determines that
construction should not be started or should be stopped while an
application is pending, and so notifies the applicant, orally (followed
by written confirmation) or in writing, the applicant must not begin
construction or, if construction
[[Page 115]]
has begun, must stop construction immediately.
(c) Assumption of risk. Applicants that begin construction pursuant
to this section before receiving an authorization do so at their own
risk and have no recourse against the United States for any losses
resulting from:
(1) Applications that are not granted;
(2) Errors or delays in issuing Public Notices;
(3) Having to alter, relocate or dismantle the facility; or
(4) Incurring whatever costs may be necessary to bring the facility
into compliance with applicable laws, or FCC rules and orders.
(d) Conditions. Except as indicated, all pre-grant construction is
subject to the following conditions:
(1) The application is not mutually exclusive with any other
application, except for successful bidders and tentative selectees in
the Cellular Radiotelephone Service;
(2) No petitions to deny the application have been filed;
(3) The application does not include a request for a waiver of one
or more FCC rules;
(4) For any construction or alteration that would exceed the
requirements of Sec. 17.7 of this chapter, the licensee has notified the
appropriate Regional Office of the Federal Aviation Administration (FAA
Form 7460-1), filed a request for antenna height clearance and
obstruction marking and lighting specifications (FCC Form 854) with the
FCC, PRB, Support Services Branch, Gettysburg, PA 17325;
(5) The applicant has indicated in the application that the proposed
facility would not have a significant environmental effect, in
accordance with Secs. 1.1301 through 1.1319 of this chapter; and,
(6) Under applicable international agreements and rules in this
part, individual coordination of the proposed channel assignment(s) with
a foreign administration is not required.
Sec. 22.144 Termination of authorizations.
Authorizations in the Public Mobile Services remain valid until
terminated in accordance with this section, except that the FCC may
revoke an authorization pursuant to section 312 of the Communications
Act of 1934, as amended (47 U.S.C. 312).
(a) Expiration. Authorizations automatically terminate, without
specific FCC action, on the expiration date specified therein, unless a
timely application for renewal is filed (see Sec. 22.145). No
authorization granted under the provisions of this part shall be for a
longer term than ten years. See 47 U.S.C. 307(c).
(b) Failure to commence providing service to subscribers.
Authorizations automatically terminate, in whole or in part, without
specific FCC action, on the date of required commencement of service, if
service to subscribers is not commenced by that date (see Sec. 22.142),
except as provided in paragraph (b)(1) of this section.
(1) Authorizations do not terminate while a timely filed application
for extension of the construction period is pending (see
Sec. 22.142(c)).
(2) If a timely filed application for extension of the construction
period is dismissed or denied, the authorization automatically
terminates, in whole or in part, without specific FCC action, on the day
after the applicant or the applicant's attorney is notified of the FCC's
action dismissing or denying the application for extension of the
construction period.
(c) Service discontinued. Authorizations automatically terminate,
without specific FCC action, if service is permanently discontinued as
provided in Sec. 22.317.
(d) STAs. Special Temporary Authorizations (STAs) automatically
terminate, without specific FCC action, at the end of the period
specified therein, except as provided in paragraph (d)(1) of this
section, or upon failure to comply with the terms and conditions
therein.
(1) STAs do not terminate while a timely filed request for an
extension of the STA term, in accordance with Sec. 22.125(b), is
pending.
(2) If a timely filed request for extension of the STA term is
dismissed or denied, the STA automatically terminates, without specific
FCC action, on the day after the applicant or the applicant's attorney
is notified of the FCC's action dismissing or denying the request for
extension.
[[Page 116]]
(e) Cancellation. Authorizations submitted by licensees for
cancellation terminate when the FCC gives Public Notice of such action.
Sec. 22.145 Renewal application procedures.
Applications for renewal (FCC Form 405) of expiring authorizations
must be filed by the licensee prior to, but no earlier than 30 days
before, the expiration date of the authorization. A separate application
is required for each authorization (call sign). Competing applications
from parties wishing to challenge the renewal must be filed during the
same 30 day period. Additional renewal requirements applicable only to
specific Public Mobile Services are set forth in the subparts governing
those services.
Sec. 22.150 Standard pre-filing technical coordination procedure.
For operations on certain channels in the Public Mobile Services,
carriers must attempt to coordinate the proposed use of spectrum with
other spectrum users prior to filing an application for authority to
operate a station. Rules requiring this procedure for specific channels
and types of stations are contained in the subparts governing the
individual Public Mobile Services.
(a) Coordination comprises two steps--notification and response.
Each step may be accomplished orally or in writing.
(b) Notification must include relevant technical details of the
proposal. At minimum, this should include the following:
(1) Geographical coordinates of the antenna site(s).
(2) Transmitting and receiving channels to be added or changed.
(3) Transmitting power, emission type and polarization.
(4) Transmitting antenna pattern and maximum gain.
(5) Transmitting antenna height above ground level.
(c) Applicants and licensees receiving notification must respond
promptly, even if no channel usage conflicts are anticipated. If any
notified party fails to respond within 30 days, the applicant may file
the application without a response from that party.
(d) The 30-day period begins on the date of receipt of the
notification by the party being notified. If the notification is by
mail, this date may be ascertained by:
(1) The return receipt on certified mail,
(2) The enclosure of a card to be dated and returned by the party
being notified, or
(3) A reasonable estimate of the time required for the mail to reach
its destination. In this case, the date when the 30-day period will
expire must be stated in the notification.
(e) All channel usage conflicts discovered during the coordination
process should be resolved prior to filing of the application. If the
applicant is unable or unwilling to resolve a particular conflict, the
application may be accepted for filing if it contains a statement
describing the unresolved conflict and a brief explanation of the
reasons why a resolution was not achieved.
(f) If a number of changes in the technical parameters of a proposed
facility become necessary during the course of the coordination process,
an attempt should be made to minimize the number of separate
notifications. If the changes are incorporated into a completely revised
notice, the items that were changed from the previous notice should be
identified.
(g) In situations where subsequent changes are not numerous or
complex, the party receiving the changed notification should make an
effort to respond in less than 30 days. If the applicant believes a
shorter response time is reasonable and appropriate, it should so
indicate in the notice and suggest a response date.
(h) If a subsequent change in the technical parameters of a proposed
facility could not affect the facilities of one or more of the parties
that received an initial notification, the applicant is not required to
coordinate that change with these parties. However, these parties must
be advised of the change and of the opinion that coordination is not
required.
Sec. 22.157 Distance computation.
The method given in this section must be used to compute the
distance
[[Page 117]]
between any two locations, except that, for computation of distance
involving stations in Canada and Mexico, methods for distance
computation specified in the applicable international agreement, if any,
must be used instead. The method set forth in this paragraph is
considered to be sufficiently accurate for distances not exceeding 475
km (295 miles).
(a) Convert the latitudes and longitudes of each reference point
from degree-minute-second format to degree-decimal format by dividing
minutes by 60 and seconds by 3600, then adding the results to degrees.
[GRAPHIC] [TIFF OMITTED] TR17NO94.000
(b) Calculate the mean geodetic latitude between the two reference
points by averaging the two latitudes:
[GRAPHIC] [TIFF OMITTED] TR17NO94.001
(c) Calculate the number of kilometers per degree latitude
difference for the mean geodetic latitude calculated in paragraph (b) of
this section as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO94.002
(d) Calculate the number of kilometers per degree of longitude
difference for the mean geodetic latitude calculated in paragraph (b) of
this section as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO94.003
(e) Calculate the North-South distance in kilometers as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO94.004
(f) Calculate the East-West distance in kilometers as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO94.005
(g) Calculate the distance between the locations by taking the
square root of the sum of the squares of the East-West and North-South
distances:
[GRAPHIC] [TIFF OMITTED] TR17NO94.006
(h) Terms used in this section are defined as follows:
(1) LAT1dd and LON1dd are the coordinates of
the first location in degree-decimal format.
(2) LAT2dd and LON2dd are the coordinates of
the second location in degree-decimal format.
(3) ML is the mean geodetic latitude in degree-decimal format.
(4) KPDlat is the number of kilometers per degree of
latitude at a given mean geodetic latitude.
(5) KPDlon is the number of kilometers per degree of
longitude at a given mean geodetic latitude.
(6) NS is the North-South distance in kilometers.
(7) DIST is the distance between the two locations, in kilometers.
Sec. 22.159 Computation of average terrain elevation.
Average terrain elevation must be calculated by computer using
elevations from a 30 second point or better topographic data file. The
file must be identified. If a 30 second point data file is used, the
elevation data must be processed for intermediate points using
interpolation techniques; otherwise, the nearest point may be used. In
cases of dispute, average terrain elevation determinations can also be
done manually, if the results differ significantly from the computer
derived averages.
(a) Radial average terrain elevation is calculated as the average of
the elevation along a straight line path from 3 to 16 kilometers (2 and
10 miles) extending radially from the antenna site. If a portion of the
radial path extends over foreign territory or water, such portion must
not be included in the computation of average elevation unless the
radial path again passes over United States land between 16 and 134
kilometers (10 and 83 miles) away from the station. At least 50 evenly
spaced
[[Page 118]]
data points for each radial should be used in the computation.
(b) Average terrain elevation is the average of the eight radial
average terrain elevations (for the eight cardinal radials).
(c) For locations in Dade and Broward Counties, Florida, the method
prescribed above may be used or average terrain elevation may be assumed
to be 3 meters (10 feet).
Sec. 22.161 Application requirements for ASSB.
Applications for base stations employing amplitude compandored
single sideband modulation (ASSB) must contain the following
information:
(a) The application must describe fully the modulation
characteristics, emission and occupied bandwidth, and specify the center
frequency of the emission for each channel, carrier frequency, and pilot
channels, if any. The emission must fall completely within a channel
assignable for two-way operation in the Paging and Radiotelephone
Service, Rural Radiotelephone Service or Offshore Radiotelephone
Service.
(b) The application must contain interference studies between
stations within an authorized bandwidth, whether FM-to-ASSB, ASSB-to-FM,
or ASSB-to-ASSB in accordance with the following: For ASSB stations, the
transmitter nearest to the protected station must be used. The effective
radiated power in the direction of the protected station must be the sum
of the peak effective radiated power of all transmitters in the group,
in the direction of the protected station. The antenna center of
radiation height above average terrain must be the highest antenna
center of radiation height of any transmitter in the group in the
direction of the protected station. The channel of the group is assumed
to be the same as that of the protected station (co-channel), and
studies must be made in accordance with Sec. 22.567.
Sec. 22.163 Minor modifications to existing stations.
Licensees may make modifications to existing stations without
obtaining prior Commission approval provided:
(a) Classification as minor. The modifications must be minor.
Modifications to a station are minor if an application filed solely for
the purpose of obtaining authorization for such modifications would not
be classified as major in accordance with Sec. 22.123.
(b) International coordination. The modifications are limited to
those for which individual coordination of the channel assignment(s)
with a foreign administration, under applicable international agreements
and rules in this part, is not required.
(c) Antenna structure clearance required. For any construction or
alteration that would exceed the requirements of Sec. 17.7 of this
chapter, licensees must notify the appropriate Regional Office of the
Federal Aviation Administration (FAA Form 7460-1) and file a request for
antenna height clearance and obstruction marking and lighting
specifications (FCC Form 854) with the FCC, PRB, Support Services
Branch, Gettysburg, PA 17325.
(d) Provision of information upon request. Licensees must supply
administrative or technical information concerning the modified
facilities upon request by the FCC. At the time modifications are made
pursuant to this section, licensees must make a record of the pertinent
technical and administrative information so that such information is
readily available. See Sec. 22.303.
(e) Notification required for modifications affecting CGSA.
Licensees in the Cellular Radiotelephone Service must notify the FCC
(FCC Form 489) of any modifications made under this section that cause a
change in the Cellular Geographic Service Area boundary (including the
removal of a transmitter or transmitters). The notification must include
full size and reduced maps, and supporting engineering, as described in
Sec. 22.953(a)(5) (i) through (iii). If the modification involves a
contract service area boundary (SAB) extension (see Sec. 22.912), the
notification must include a statement as to whether the five year build-
out period for the system on the relevant channel block in the market
into which the SAB extends has elapsed, and whether the SAB extends into
any unserved area in that market. The notification must be mailed or
delivered to the filing place (see Sec. 22.106)
[[Page 119]]
no later than 15 days after the modification is made.
Sec. 22.165 Additional transmitters for existing systems.
A licensee may operate additional transmitters at additional
locations on the same channel or channel block as its existing system
without obtaining prior Commission approval provided:
(a) International coordination. The locations and/or technical
parameters of the additional transmitters are such that individual
coordination of the channel assignment(s) with a foreign administration,
under applicable international agreements and rules in this part, is not
required.
(b) Antenna structure clearance required. For any construction or
alteration that would exceed the requirements of Sec. 17.7 of this
chapter, licensees must notify the appropriate Regional Office of the
Federal Aviation Administration (FAA Form 7460-1) and file a request for
antenna height clearance and obstruction marking and lighting
specifications (FCC Form 854) with the FCC, PRB, Support Services
Branch, Gettysburg, PA 17325.
(c) Environmental. The additional transmitters must not have a
significant environmental effect as defined by Secs. 1.1301 through
1.1319 of this chapter.
(d) Paging and Radiotelephone Service. The provisions in this
paragraph apply for stations in the Paging and Radiotelephone Service.
(1) The interfering contours of the additional transmitter(s) must
be totally encompassed by the composite interfering contour of the
existing station (or stations under common control of the applicant) on
the same channel, except that this limitation does not apply to
nationwide network paging stations or in-building radiation systems.
(2) Additional transmitters in the 43 MHz frequency range operate
under developmental authority, subject to the conditions set forth in
Sec. 22.411.
(3) The additional transmitters must not operate on control channels
in the 72-76 MHz, 470-512 MHz, 928 MHz, 932 MHz, 941 MHz or 959 MHz
frequency ranges.
(e) Cellular Radiotelephone Service. During the five year build-out
period, the service area boundaries of the additional transmitters, as
calculated by the method set forth in Sec. 22.911(a), must remain within
the market, except that the service area boundaries may extend beyond
the market boundary into area that is part of the CGSA or is already
encompassed by the service area boundaries of previously authorized
facilities. After the five year build-out period, the service area
boundaries of the additional transmitters, as calculated by the method
set forth in Sec. 22.911(a), must remain within the CGSA. Licensees must
notify the FCC (FCC Form 489) of any transmitters added under this
section that cause a change in the CGSA boundary. The notification must
include full size and reduced maps, and supporting engineering, as
described in Sec. 22.953(a)(5) (i) through (iii). If the addition of
transmitters involves a contract service area boundary (SAB) extension
(see Sec. 22.912), the notification must include a statement as to
whether the five year build-out period for the system on the relevant
channel block in the market into which the SAB extends has elapsed, and
whether the SAB extends into any unserved area in the market. The
notification must be mailed or delivered to the filing place (see
Sec. 22.106) no later than 15 days after the addition is made.
(f) Air-ground Radiotelephone Service. Ground stations may be added
to Commercial Aviation air-ground systems at previously established
ground station locations, pursuant to Sec. 22.859, subject to compliance
with the applicable technical rules. This section does not apply to
General Aviation air-ground stations.
(g) Rural Radiotelephone Service. A ``service area'' and
``interfering contours'' must be determined using the same method as for
stations in the Paging and Radiotelephone Service. The service area and
interfering contours so determined for the additional transmitter(s)
must be totally encompassed by the similarly determined composite
service area contour and predicted interfering contour, respectively, of
the existing station on the same channel. This section does not apply to
Basic Exchange Telecommunications Radio Systems.
[[Page 120]]
(h) Offshore Radiotelephone Service. This section does not apply to
stations in the Offshore Radiotelephone Service.
(i) Provision of information upon request. Upon request by the FCC,
licensees must supply administrative or technical information concerning
the additional transmitters. At the time transmitters are added pursuant
to this section, licensees must make a record of the pertinent technical
and administrative information so that such information is readily
available. See Sec. 22.303.
[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994; as amended at
62 FR 11629, Mar. 12, 1997]
Sec. 22.169 International coordination of channel assignments.
Channel assignments under this part are subject to the applicable
provisions and requirements of treaties and other international
agreements between the United States government and the governments of
Canada and Mexico.
Competitive Bidding Procedures
Source: 62 FR 11629, Mar. 12, 1997, unless otherwise noted.
Sec. 22.201 Scope of competitive bidding rules.
Sections 22.201 through 22.227, inclusive (and, unless otherwise
specified in this part, the procedures set forth in part 1, subpart Q,
of this chapter), apply only to competitive bidding (``auction'')
procedures for authorizations as follows:
(a) Paging geographic area authorizations issued pursuant to this
part or to part 90 of this chapter.
(b) [Reserved].
Sec. 22.203 Competitive bidding design for paging licensing.
A simultaneous multiple round auction will be used to choose from
among mutually exclusive initial applications for paging geographic area
authorizations, unless the FCC specifies otherwise by Public Notice
prior to the competitive bidding procedure.
Sec. 22.205 Competitive bidding mechanisms.
(a) Sequencing. The FCC will establish and may vary the sequence in
which paging geographic area authorizations are auctioned.
(b) Grouping. The FCC will determine which licenses will be
auctioned simultaneously or in combination based on interdependency and
administrative circumstances.
(c) Minimum Bid Increments. The FCC may, by public announcement
before or during an auction, require minimum bid increments in dollar or
percentage terms.
(d) Stopping Rules. The FCC may establish stopping rules before or
during an auction in order to terminate the auction within a reasonable
time.
(e) Activity Rules. The FCC may establish activity rules which
require a minimum amount of bidding activity. In the event that the FCC
establishes an activity rule in connection with a simultaneous multiple
round auction, each bidder may request waivers of such rule during the
auction. The FCC may, by public announcement either before or during an
auction, specify or vary the number of waivers available to each bidder.
Sec. 22.207 Withdrawal, default, and disqualification payments.
The FCC will impose payments on bidders who withdraw high bids
during the course of an auction, who default on payments due after an
auction terminates, or who are disqualified. When the FCC conducts a
simultaneous multiple round auction, payments will be calculated as set
forth in Secs. 1.2104(g) and 1.2109 of this chapter. When the amount of
such a payment cannot be determined, a deposit of up to 20 percent of
the amount bid on the license will be required.
Sec. 22.209 Bidding applications (FCC Form 175 and 175-S Short-form).
Each applicant to participate in competitive bidding for paging
geographic area authorizations must submit an application (FCC Forms 175
and 175-S) pursuant to the provisions of Sec. 1.2105 of this chapter.
[[Page 121]]
Sec. 22.211 Submission of upfront payments and down payments.
(a) The FCC will require applicants to submit an upfront payment
prior to the start of a paging auction. The amount of the upfront
payment for each geographic area license auctioned and the procedures
for submitting it will be set forth by the Wireless Telecommunications
Bureau in a Public Notice in accordance with Sec. 1.2106 of this
chapter.
(b) Each winning bidder in a paging auction must submit a down
payment to the FCC in an amount sufficient to bring its total deposits
up to 20 percent of its winning bid. All winning bidders except small
businesses will be required to make such payment within ten business
days following the release of a Public Notice announcing the close of
bidding. Small businesses must bring their deposits up to 10 percent of
their winning bids within ten business days following the release of a
Public Notice announcing the close of bidding, and must pay an
additional 10 percent prior to licensing, by a date and time to be
specified by Public Notice.
Sec. 22.213 Long-form applications (FCC Form 600).
Each successful bidder for a paging geographic area authorization
must submit a ``long-form'' application (FCC Form 600) within ten
business days after being notified by Public Notice that it is the
winning bidder. Applications for paging geographic area authorizations
on FCC Form 600 must be submitted in accordance with Sec. 1.2107 of this
chapter, all applicable procedures set forth in the rules in this part,
and any applicable Public Notices that the FCC may issue in connection
with an auction. After an auction, the FCC will not accept long-form
applications for paging geographic area authorizations from anyone other
than the auction winners and parties seeking partitioned licenses
pursuant to agreements with auction winners under Sec. 22.221.
Sec. 22.215 Authorization grant, denial, default, and disqualification.
(a) Each winning bidder, except those eligible for installment
payments, will be required to pay the full balance of its winning bid
within ten business days following Public Notice that the FCC is
prepared to award the authorization.
(b) A bidder that withdraws its bid subsequent to the close of
bidding, defaults on a payment due, or is disqualified, is subject to
the payments specified in Sec. 22.207, Sec. 1.2104(g), or Sec. 1.2109 of
this chapter, as applicable.
Sec. 22.217 Bidding credits for small businesses.
(a) A winning bidder that qualifies as a small business or a
consortium of small businesses as defined in Sec. 22.223(b)(1)(i) may
use a bidding credit of 15 percent to lower the cost of its winning bid.
A winning bidder that qualifies as a small business or a consortium of
small businesses as defined in Sec. 22.223(b)(1)(ii) may use a bidding
credit of ten percent to lower the cost of its winning bid.
(b) Unjust Enrichment:
(1) If a small business that utilizes a bidding credit under this
section seeks to transfer control or assign an authorization to an
entity that is not a small business under Sec. 22.223(b)(1), or seeks to
make any other change in ownership that would result in the licensee
losing eligibility as a small business, the small business must seek FCC
approval and reimburse the U.S. government for the amount of the bidding
credit (plus interest at the rate imposed for installment financing at
the time the license was awarded), as a condition of approval of such
assignment, transfer, or other ownership change.
(2) If a small business that utilizes a bidding credit under this
section seeks to transfer control or assign an authorization to a small
business meeting the eligibility standards for a lower bidding credit,
or seeks to make any other change in ownership that would result in the
licensee qualifying for a lower bidding credit under this section, the
licensee must seek FCC approval and reimburse the U.S. government for
the difference between the amount of the bidding credit obtained by the
licensee and the bidding credit for which the assignee, transferee, or
licensee is eligible under this section (plus interest at the rate
imposed for installment financing at the time the license was
[[Page 122]]
awarded), as a condition of the approval of such assignment, transfer,
or other ownership change.
(3) The amount of payments made pursuant to paragraphs (b)(1) and
(b)(2) of this section will be reduced over time as follows: A transfer
in the first two years of the license term will result in a forfeiture
of 100 percent of the value of the bidding credit (or the difference
between the bidding credit obtained by the original licensee and the
bidding credit for which the post-transfer licensee is eligible); in
year 3 of the license term the payment will be 75 percent; in year 4 the
payment will be 50 percent; and in year 5 the payment will be 25
percent, after which there will be no assessment.
Sec. 22.219 Installment payments for licenses won by small businesses.
(a) Each licensee that qualifies as a small business under
Sec. 22.223(b)(1) may pay the remaining 80 percent of the net auction
price for the license in installment payments over the term of the
authorization. Interest charges shall be fixed at the time of licensing
at a rate equal to the rate for ten-year U.S. Treasury obligations plus
2.5 percent. An eligible licensee may make interest-only payments for
two years. Payments of interest and principal shall be amortized over
the remaining eight years of the license term.
(b) Late Installment Payment.
(1) Any licensee that submits a scheduled installment payment more
than 15 days late will be charged a late payment fee equal to 5 percent
of the amount of the past due payment.
(2) Payments will be applied in the following order: late charges,
interest charges, principal payments.
(c) Unjust Enrichment:
(1) If a licensee that utilizes installment financing under this
section seeks to assign or transfer control of its license to an entity
not meeting the eligibility standards for installment financing, the
licensee must seek FCC approval and make full payment of the remaining
unpaid principal and unpaid interest accrued through the date of
assignment or transfer as a condition of FCC approval.
(2) If a licensee that utilizes installment financing under this
section seeks to make any change in ownership structure that would
result in the licensee losing eligibility for installment payments, the
licensee shall first seek FCC approval before making such a change in
ownership structure and must make full payment of the remaining unpaid
principal and unpaid interest accrued through the date of such change in
ownership structure as a condition of FCC approval.
Sec. 22.221 Eligibility for partitioned licenses.
If partitioned licenses are being applied for in conjunction with a
license(s) to be awarded through competitive bidding procedures--
(a) The applicable procedures for filing short-form applications and
for submitting upfront payments and down payments contained in this
chapter shall be followed by the applicant, who must disclose as part of
its short-form application all parties to agreement(s) with or among
other entities to partition the license pursuant to this section, if won
at auction (see 47 CFR 1.2105(a)(2)(viii));
(b) Each party to an agreement to partition the license must file a
long-form application (FCC Form 600) for its respective, mutually
agreed-upon geographic area together with the application for the
remainder of the MTA or EA filed by the auction winner.
(c) If the partitioned license is being applied for as a partial
assignment of the MTA or EA license following grant of the initial
license, request for authorization for partial assignment of a license
shall be made pursuant to Sec. 22.137.
Sec. 22.223 Definitions concerning competitive bidding process.
(a) Scope. The definitions in this section apply to Secs. 22.201
through 22.227, unless otherwise specified in those sections.
(b) Small business; consortium of small businesses. (1) A small
business is an entity that either:
(i) Together with its affiliates and controlling principals has
average gross revenues that are not more than $3 million for the
preceding three years; or
[[Page 123]]
(ii) Together with its affiliates and controlling principals has
average gross revenues that are not more than $15 million for the
preceding three years.
(2) For purposes of determining whether an entity meets either the
$3 million or $15 million average annual gross revenues size standard
set forth in paragraph (b)(1) of this section, the gross revenues of the
entity, its affiliates, and controlling principals shall be considered
on a cumulative basis and aggregated.
(3) A consortium of small businesses is a conglomerate organization
formed as a joint venture between or among mutually independent business
firms, each of which individually satisfies the definition of a small
business in paragraph (b)(1) of this section. Each individual member
must establish its eligibility as a small business, as defined in this
section. Where an applicant (or licensee) is a consortium of small
businesses, the gross revenues of each small business shall not be
aggregated.
(c) Gross Revenues. Gross revenues shall mean all income received by
an entity, whether earned or passive, before any deductions are made for
costs of doing business (e.g., cost of goods sold). Gross revenues are
evidenced by audited financial statements for the relevant number of
calendar or fiscal years preceding the filing of the applicant's short-
form application. If an entity was not in existence for all or part of
the relevant period, gross revenues shall be evidenced by the audited
financial statements of the entity's predecessor-in-interest or, if
there is no identifiable predecessor-in-interest, unaudited financial
statements certified by the applicant as accurate. When an applicant
does not otherwise use audited financial statements, its gross revenues
may be certified by its chief financial officer or its equivalent.
(d) Affiliate.--(1) Basis for Affiliation. An individual or entity
is an affiliate of an applicant if such individual or entity:
(i) Directly or indirectly controls or has the power to control the
applicant, or
(ii) Is directly or indirectly controlled by the applicant, or
(iii) Is directly or indirectly controlled by a third party or
parties who also control or have the power to control the applicant, or
(iv) Has an ``identity of interest'' with the applicant.
(2) Nature of control in determining affiliation. (i) Every business
concern is considered to have one or more parties who directly or
indirectly control or have the power to control it. Control may be
affirmative or negative and it is immaterial whether it is exercised so
long as the power to control exists.
Example for paragraph (d)(2)(i). An applicant owning 50 percent of
the voting stock of another concern would have negative power to control
such concern since such party can block any action of the other
stockholders. Also, the bylaws of a corporation may permit a stockholder
with less than 50 percent of the voting stock to block any actions taken
by the other stockholders in the other entity. Affiliation exists when
the applicant has the power to control a concern while at the same time
another person, or persons, are in control of the concern at the will of
the party or parties with the power of control.
(ii) Control can arise through stock ownership; occupancy of
director, officer or key employee positions; contractual or other
business relations; or combinations of these and other factors. A key
employee is an employee who, because of his/her position in the concern,
has a critical influence in or substantive control over the operations
or management of the concern.
(iii) Control can arise through management positions if the voting
stock is so widely distributed that no effective control can be
established.
Example for paragraph (d)(2)(iii). In a corporation where the
officers and directors own various size blocks of stock totaling 40
percent of the corporation's voting stock, but no officer or director
has a block sufficient to give him/her control or the power to control
and the remaining 60 percent is widely distributed with no individual
stockholder having a stock interest greater than 10 percent, management
has the power to control. If persons with such management control of the
[[Page 124]]
other entity are controlling principals of the applicant, the other
entity will be deemed an affiliate of the applicant.
(3) Identity of interest between and among persons. Affiliation can
arise between or among two or more persons with an identity of interest,
such as members of the same family or persons with common investments.
In determining if the applicant controls or is controlled by a concern,
persons with an identity of interest will be treated as though they were
one person.
(i) Spousal affiliation. Both spouses are deemed to own or control
or have the power to control interests owned or controlled by either of
them, unless they are subject to a legal separation recognized by a
court of competent jurisdiction in the United States.
(ii) Kinship affiliation. Immediate family members will be presumed
to own or control or have the power to control interests owned or
controlled by other immediate family members. In this context
``immediate family member'' means father, mother, husband, wife, son,
daughter, brother, sister, father- or mother-in-law, son- or daughter-
in-law, brother- or sister-in-law, step-father, or -mother, step-
brother, or -sister, step-son, or -daughter, half-brother or -sister.
This presumption may be rebutted by showing that:
(A) The family members are estranged,
(B) The family ties are remote, or
(C) The family members are not closely involved with each other in
business matters.
Example for paragraph (d)(3)(ii). A owns a controlling interest in
Corporation X. A's sister-in-law, B, has a controlling interest in a
paging geographic area authorization application. Because A and B have a
presumptive kinship affiliation, A's interest in Corporation X is
attributable to B, and thus to the applicant, unless B rebuts the
presumption with the necessary showing.
(4) Affiliation through stock ownership. (i) An applicant is
presumed to control or have the power to control a concern if he/she
owns or controls or has the power to control 50 percent or more of its
voting stock.
(ii) An applicant is presumed to control or have the power to
control a concern even though he/she owns, controls, or has the power to
control less than 50 percent of the concern's voting stock, if the block
of stock he/she owns, controls, or has the power to control is large as
compared with any other outstanding block of stock.
(iii) If two or more persons each owns, controls or has the power to
control less than 50 percent of the voting stock of a concern, such
minority holdings are equal or approximately equal in size, and the
aggregate of these minority holdings is large as compared with any other
stock holding, the presumption arises that each one of these persons
individually controls or has the power to control the concern; however,
such presumption may be rebutted by a showing that such control or power
to control, in fact, does not exist.
(5) Affiliation arising under stock options, convertible debentures,
and agreements to merge. Stock options, convertible debentures, and
agreements to merge (including agreements in principle) are generally
considered to have a present effect on the power to control the concern.
Therefore, in making a size determination, such options, debentures, and
agreements will generally be treated as though the rights held
thereunder had been exercised. However, neither an affiliate nor an
applicant can use such options and debentures to appear to terminate its
control over another concern before it actually does so.
Example 1 for paragraph (d)(5). If company B holds an option to
purchase a controlling interest in company A, who holds a controlling
interest in a paging geographic area authorization application, the
situation is treated as though company B had exercised its rights and
had become owner of a controlling interest in company A. The gross
revenues of company B must be taken into account in determining the size
of the applicant.
Example 2 for paragraph (d)(5). If a large company, BigCo, holds 70%
(70 of 100 outstanding shares) of the voting stock of company A, who
holds a controlling interest in a paging geographic area authorization
application, and
[[Page 125]]
gives a third party, SmallCo, an option to purchase 50 of the 70 shares
owned by BigCo, BigCo will be deemed to be an affiliate of company A,
and thus the applicant, until SmallCo actually exercises its options to
purchase such shares. In order to prevent BigCo from circumventing the
intent of the rule which requires such options to be considered on a
fully diluted basis, the option is not considered to have present effect
in this case.
Example 3 for paragraph (d)(5). If company A has entered into an
agreement to merge with company B in the future, the situation is
treated as though the merger has taken place.
(6) Affiliation under voting trusts. (i) Stock interests held in
trust shall be deemed controlled by any person who holds or shares the
power to vote such stock, to any person who has the sole power to sell
such stock, and to any person who has the right to revoke the trust at
will or to replace the trustee at will.
(ii) If a trustee has a familial, personal or extra-trust business
relationship to the grantor or the beneficiary, the stock interests held
in trust will be deemed controlled by the grantor or beneficiary, as
appropriate.
(iii) If the primary purpose of a voting trust, or similar
agreement, is to separate voting power from beneficial ownership of
voting stock for the purpose of shifting control of or the power to
control a concern in order that such concern or another concern may meet
the Commission's size standards, such voting trust shall not be
considered valid for this purpose regardless of whether it is or is not
recognized within the appropriate jurisdiction.
(7) Affiliation through common management. Affiliation generally
arises where officers, directors, or key employees serve as the majority
or otherwise as the controlling element of the board of directors and/or
the management of another entity.
(8) Affiliation through common facilities. Affiliation generally
arises where one concern shares office space and/or employees and/or
other facilities with another concern, particularly where such concerns
are in the same or related industry or field of operations, or where
such concerns were formerly affiliated, and through these sharing
arrangements one concern has control, or potential control, of the other
concern.
(9) Affiliation through contractual relationships. Affiliation
generally arises where one concern is dependent upon another concern for
contracts and business to such a degree that one concern has control, or
potential control, of the other concern.
(10) Affiliation under joint venture arrangements. (i) A joint
venture for size determination purposes is an association of concerns
and/or individuals, with interests in any degree or proportion, formed
by contract, express or implied, to engage in and carry out a single,
specific business venture for joint profit for which purpose they
combine their efforts, property, money, skill and knowledge, but not on
a continuing or permanent basis for conducting business generally. The
determination whether an entity is a joint venture is based upon the
facts of the business operation, regardless of how the business
operation may be designated by the parties involved. An agreement to
share profits/losses proportionate to each party's contribution to the
business operation is a significant factor in determining whether the
business operation is a joint venture.
(ii) The parties to a joint venture are considered to be affiliated
with each other.
Sec. 22.225 Certifications, disclosures, records maintenance and audits.
(a) Short-form applications: certifications and disclosure. In
addition to certifications and disclosures required by part 1, subpart
Q, of this chapter, each applicant for a paging license which qualifies
as a small business or consortium of small businesses shall append the
following information as an exhibit to its FCC Form 175:
(1) The identity of the applicant's controlling principals and
affiliates, and, if a consortium of small businesses, the members in the
joint venture; and
(2) The applicant's gross revenues, computed in accordance with
Sec. 22.223.
(b) Long form applications: certifications and disclosure. Each
applicant submitting a long-form application for a paging geographic
area authorization
[[Page 126]]
and qualifying as a small business shall, in an exhibit to its long-form
application:
(1) Disclose separately and in the aggregate the gross revenues,
computed in accordance with Sec. 22.223, for each of the following: the
applicant, the applicant's affiliates, the applicant's controlling
principals, and, if a consortium of small businesses, the members of the
joint venture;
(2) List and summarize all agreements or other instruments (with
appropriate references to specific provisions in the text of such
agreements and instruments) that support the applicant's eligibility as
a small business under Secs. 22.217 through 22.223, including the
establishment of de facto and de jure control; such agreements and
instruments include, but are not limited to, articles of incorporation
and bylaws, shareholder agreements, voting or other trust agreements,
franchise agreements, and any other relevant agreements, including
letters of intent, oral or written; and
(3) List and summarize any investor protection agreements, including
rights of first refusal, supermajority clauses, options, veto rights,
and rights to hire and fire employees and to appoint members to boards
of directors or management committees.
(c) Records maintenance. All winning bidders qualifying as small
businesses shall maintain at their principal place of business an
updated file of ownership, revenue, and asset information, including any
documents necessary to establish eligibility as a small business and/or
consortium of small businesses under Sec. 22.223. Licensees (and their
successors-in-interest) shall maintain such files for the term of the
license. Applicants that do not obtain the license(s) for which they
applied shall maintain such files until the grant of such license(s) is
final, or one year from the date of the filing of their short-form
application (FCC Form 175), whichever is earlier.
(d) Audits. (1) Applicants and licensees claiming eligibility as a
small business or consortium of small businesses under Secs. 22.217
through 22.223 shall be subject to audits by the Commission. Selection
for audit may be random, on information, or on the basis of other
factors.
(2) Consent to such audits is part of the certification included in
the short-form application (FCC Form 175). Such consent shall include
consent to the audit of the applicant's or licensee's books, documents
and other material (including accounting procedures and practices)
regardless of form or type, sufficient to confirm that such applicant's
or licensee's representations are, and remain, accurate. Such consent
shall include inspection at all reasonable times of the facilities, or
parts thereof, engaged in providing and transacting business, or keeping
records regarding licensed paging service and shall also include consent
to the interview of principals, employees, customers and suppliers of
the applicant or licensee.
(e) Definitions. The terms affiliate, small business, consortium of
small businesses, and gross revenues, used in this section are defined
in Sec. 22.223.
Sec. 22.227 Petitions to deny and limitations on settlements.
(a) Procedures regarding petitions to deny long-form applications in
the paging service will be governed by Secs. 1.2108(b) through 1.2108(d)
of this chapter, Sec. 22.130, and Sec. 90.163.
(b) The consideration that an individual or an entity will be
permitted to receive for agreeing to withdraw an application or a
petition to deny will be limited by the provisions set forth in
Sec. 22.129, Sec. 90.162, and Sec. 1.2105(c) of this chapter.
Subpart C--Operational and Technical Requirements
Operational Requirements
Sec. 22.301 Station inspection.
Upon reasonable request, the licensee of any station authorized in
the Public Mobile Services must make the station and station records
available for inspection by authorized representatives of the Commission
at any reasonable hour.
[59 FR 59955, Nov. 21, 1994]
[[Page 127]]
Sec. 22.303 Retention of station authorizations; identifying transmitters.
The current authorization for each station, together with current
administrative and technical information concerning modifications to
facilities pursuant to Sec. 22.163 and added facilities pursuant to
Sec. 22.165 must be retained as a permanent part of the station records.
A clearly legible photocopy of the authorization must be available at
each regularly attended control point of the station, or in lieu of this
photocopy, licensees may instead make available at each regularly
attended control point the address or location where the licensee's
current authorization and other records may be found. The station call
sign must be clearly and legibly marked on or near every transmitting
facility, other than mobile transmitters, of the station.
Sec. 22.305 Operator and maintenance requirements.
FCC operator permits and licenses are not required to operate,
repair or maintain equipment authorized in the Public Mobile Services.
Station licensees are responsible for the proper operation and
maintenance of their stations, and for compliance with FCC rules.
Sec. 22.307 Operation during emergency.
Licensees of stations in the Public Mobile services may, during a
period of emergency in which normal communications facilities are
disrupted as a result of hurricane, flood, earthquake or other natural
disaster, civil unrest, widespread vandalism, national emergencies or
emergencies declared by Executive Order of the President, use their
stations to temporarily provide emergency communications services in a
manner or configuration not normally allowed by this part, provided that
such operations comply with the provisions of this section.
(a) Technical limitations. Public Mobile stations providing
temporary emergency communications service must not transmit:
(1) On channels other than those authorized for normal operations.
(2) With power in excess of that authorized for normal operations;
(3) Emission types other than those authorized for normal
operations.
(b) Discontinuance. Temporary emergency use of Public Mobile
stations must be discontinued as soon as normal communication facilities
are restored. The FCC may, at any time, order the discontinuance of any
such emergency communication services.
Sec. 22.313 Station identification.
The licensee of each station in the Public Mobile Services must
ensure that the transmissions of that station are identified in
accordance with the requirements of this section.
(a) Station identification is not required for transmission by:
(1) Stations in the Cellular Radiotelephone Service;
(2) General aviation ground stations in the Air-ground
Radiotelephone Service;
(3) Rural subscriber stations using meteor burst propagation mode
communications in the Rural Radiotelephone Service;
(4) Stations using Basic Exchange Telephone Radio Systems in the
Rural Radiotelephone Service;
(5) Nationwide network paging stations operating on 931 MHz
channels; or,
(6) Stations operating pursuant to paging geographic area
authorizations.
(b) For all other stations in the Public Mobile Services, station
identification must be transmitted each hour within five minutes of the
hour, or upon completion of the first transmission after the hour.
Transmission of station identification may be temporarily delayed to
avoid interrupting the continuity of any public communication in
progress, provided that station identification is transmitted at the
conclusion of that public communication.
(c) Station identification must be transmitted by telephony using
the English language or by telegraphy using the international Morse
code, and in a form that can be received using equipment appropriate for
the modulation type employed, and understood without the use of
unscrambling devices, except that, alternatively, station identification
may be transmitted digitally, provided that the licensee
[[Page 128]]
provides the Commission with information sufficient to decode the
digital transmission to ascertain the call sign. Station identification
comprises transmission of the call sign assigned by the Commission to
the station, however, the following may be used in lieu of the call
sign.
(1) For transmission from subscriber operated transmitters, the
telephone number or other designation assigned by the carrier, provided
that a written record of such designations is maintained by the carrier;
(2) For general aviation airborne mobile stations in the Air-Ground
Radiotelephone Service, the official FAA registration number of the
aircraft;
(3) For stations in the Paging and Radiotelephone Service, a call
sign assigned to another station within the same system.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59955, Nov. 21, 1994;
62 FR 11633, Mar. 12, 1997]
Sec. 22.315 Duty to respond to official communications.
Licensees in the Public Mobile services must respond to official
communications from the FCC with reasonable dispatch and according to
the tenor of the communication. Failure to do so may be considered by
the FCC to reflect adversely on a carrier's qualifications to hold FCC
authorizations, and may also create liabilities for other sanctions.
(a) Any person receiving official notice of an apparent or actual
violation of a federal statute, international agreement, Executive
Order, or regulation pertaining to communications shall respond in
writing within 10 days to the office of the FCC originating the notice.
If a response can not be sent within 10 days, an acknowledgement shall
be sent, followed by a response as soon as possible explaining the
reason for the delay.
(b) Responses to official communications must be complete and self-
contained without reference to other communications unless copies of
such other communications are attached to the response.
Sec. 22.317 Discontinuance of station operation.
If the operation of a Public Mobile Services station is permanently
discontinued, the licensee shall send the authorization for cancellation
to: Commercial Wireless Division, Wireless Telecommunications Bureau,
Federal Communications Commission, Washington DC 20554. For purposes of
this section, any station that has not provided service to subscribers
for 90 continuous days is considered to have been permanently
discontinued, unless the applicant notified the FCC otherwise prior to
the end of the 90 day period and provided a date on which operation will
resume, which date must not be in excess of 30 additional days.
[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996]
Sec. 22.321 Equal employment opportunities.
Public Mobile Services licensees shall afford equal opportunity in
employment to all qualified persons, and personnel must not be
discriminated against in employment because of sex, race, color,
religion, or national origin.
(a) Equal employment opportunity program. Each licensee shall
establish, maintain, and carry out a positive continuing program of
specific practices designed to assure equal opportunity in every aspect
of employment policy and practice.
(1) Under the terms of its program, each licensee shall:
(i) Define the responsibility of each level of management to insure
a positive application and vigorous enforcement of the policy of equal
opportunity, and establish a procedure to review and control managerial
and supervisory performance.
(ii) Inform its employees and recognized employee organizations of
the positive equal employment opportunity policy and program and enlist
their cooperation.
(iii) Communicate its equal employment opportunity policy and
program and its employment needs to sources of qualified applicants
without regard to sex, race, color, religion or national origin, and
solicit their recruitment assistance on a continuing basis.
[[Page 129]]
(iv) Conduct a continuing campaign to exclude every form of
prejudice or discrimination based upon sex, race, color, religion, or
national origin, from the licensee's personnel policies and practices
and working conditions.
(v) Conduct a continuing review of job structure and employment
practices and adopt positive recruitment, training, job design and other
measures needed in order to ensure genuine equality of opportunity to
participate fully in all organizational units, occupations and levels of
responsibility.
(2) The program must reasonably address specific concerns through
policies and actions as set forth in this paragraph, to the extent that
they are appropriate in consideration of licensee size, location and
other factors.
(i) To assure nondiscrimination in recruiting. (A) Posting notices
in the licensee's offices informing applicants for employment of their
equal employment rights and their right to notify the Equal Employment
Opportunity Commission (EEOC), the Federal Communications Commission
(FCC), or other appropriate agency. Where a substantial number of
applicants are Spanish-surnamed Americans, such notice should be posted
in both Spanish and English.
(B) Placing a notice in bold type on the employment application
informing prospective employees that discrimination because of sex,
race, color, religion or national origin is prohibited, and that they
may notify the EEOC, the FCC or other appropriate agency if they believe
they have been discriminated against.
(C) Placing employment advertisements in media which have
significant circulation among minority groups in the recruiting area.
(D) Recruiting through schools and colleges with significant
minority group enrollments.
(E) Maintaining systematic contacts with minority and human
relations organizations, leaders and spokespersons to encourage referral
of qualified minority or female applicants.
(F) Encouraging present employees to refer minority or female
applicants.
(G) Making known to the appropriate recruitment sources in the
employer's immediate area that qualified minority members are being
sought for consideration whenever the licensee hires.
(ii) To assure nondiscrimination in selection and hiring. (A)
Instructing employees of the licensee who make hiring decisions that all
applicants for all jobs are to be considered without discrimination.
(B) Where union agreements exist, cooperating with the union or
unions in the development of programs to assure qualified minority
persons or females of equal opportunity for employment, and including an
effective nondiscrimination clause in new or renegotiated union
agreements.
(C) Avoiding use of selection techniques or tests that have the
effect of discriminating against minority groups or females.
(iii) To assure nondiscriminatory placement and promotion. (A)
Instructing employees of the licensee who make decisions on placement
and promotion that minority employees and females are to be considered
without discrimination, and that job areas in which there is little or
no minority or female representation should be reviewed to determine
whether this results from discrimination.
(B) Giving minority groups and female employees equal opportunity
for positions which lead to higher positions. Inquiring as to the
interest and skills of all lower-paid employees with respect to any of
the higher-paid positions, followed by assistance, counseling, and
effective measures to enable employees with interest and potential to
qualify themselves for such positions.
(C) Reviewing seniority practices to insure that such practices are
nondiscriminatory and do not have a discriminatory effect.
(D) Avoiding use of selection techniques or tests that have the
effect of discriminating against minority groups or females.
(iv) To assure nondiscrimination in other areas of employment
practices. (A) Examining rates of pay and fringe benefits for present
employees with equivalent duties and adjusting any inequities found.
(B) Providing opportunity to perform overtime work on a basis that
does not
[[Page 130]]
discriminate against qualified minority groups or female employees.
(b) EEO statement. Each licensee having 16 or more full-time
employees shall file with the FCC, no later than May 31st following the
grant of that licensee's first Public Mobile Services authorization, a
statement describing fully its current equal employment opportunity
program, indicating specific practices to be followed in order to assure
equal employment opportunity on the basis of sex, race, color, religion
or national origin in such aspects of employment practices as regards
recruitment, selection, training, placement, promotion, pay, working
conditions, demotion, layoff and termination. Any licensee having 16 or
more full-time employees that changes its existing equal employment
opportunity program shall file with the FCC, no later than May 31st
thereafter, a revised statement reflecting the change(s).
Note to paragraph (b) of Sec. 22.321: Licensees having 16 or more
full-time employees that were granted their first Public Mobile Services
authorization prior to January 1, 1995, and do not have a current EEO
statement on file with the FCC, must file such statement, required by
paragraph (b) of this section, no later than May 31, 1995.
(c) Report of complaints filed against licensees. Each licensee,
regardless of how many employees it has, shall submit an annual report
to the FCC no later than May 31st of each year indicating whether any
complaints regarding violations by the licensee or equal employment
provisions of Federal, State, Territorial, or local law have been filed
before anybody having competent jurisdiction.
(1) The report should state the parties involved, the date filing,
the courts or agencies before which the matters have been heard, the
appropriate file number (if any), and the respective disposition or
current status of any such complaints.
(2) Any licensee who has filed such information with the EEOC may
file a notification of such filing with the FCC in lieu of a report.
(d) Complaints of violations of Equal Employment Programs.
Complaints alleging employment discrimination against a common carrier
licensee are considered by the FCC in the following manner:
(1) If a complaint raising an issue of discrimination is received
against a licensee who is within the jurisdiction of the EEOC, it is
submitted to that agency. The FCC maintains a liaison with that agency
that keeps the FCC informed of the disposition of complaints filed
against common carrier licensees.
(2) Complaints alleging employment discrimination against a common
carrier licensee who does not fall under the jurisdiction of the EEOC
but is covered by appropriate enforceable State law, to which penalties
apply, may be submitted by the FCC to the respective State agency.
(3) Complaints alleging employment discrimination against a common
carrier licensee who does not fall under the jurisdiction of the EEOC or
an appropriate State law, are accorded appropriate treatment by the FCC.
(4) The FCC will consult with the EEOC on all matters relating to
the evaluation and determination of compliance by the common carrier
licensees with the principles of equal employment as set forth herein.
(5) Complaints indicating a general pattern of disregard of equal
employment practices which are received against a licensee that is
required to file an employment report to the FCC under Sec. 1.815(a) of
this chapter are investigated by the FCC.
(e) FCC records. A copy of every annual employment report, equal
employment opportunity program statement, reports on complaints
regarding violation of equal employment provisions of Federal, State,
Territorial, or local law, and copies of all exhibits, letters, and
other documents filed as part thereof, all amendments thereto, all
correspondence between the licensee and the FCC pertaining to the
reports after they have been filed and all documents incorporated
therein by reference, are open for public inspection at the offices of
the FCC.
(f) Licensee records. Each licensee required to file annual
employment reports (pursuant to Sec. 1.815(a) of this chapter), equal
employment opportunity program statements, and annual reports on
complaints regarding violations of equal employment provisions
[[Page 131]]
of Federal, State, Territorial, or local law shall maintain for public
inspection a file containing a copy of each such report and copies of
all exhibits, letters, and other documents filed as part thereto, all
correspondence between the licensee and the FCC pertaining to the
reports after they have been filed and all documents incorporated
therein by reference. The documents must be retained for a period of 2
years.
Sec. 22.323 Incidental communication services.
Carriers authorized to operate stations in the Public Mobile radio
services may use these stations to provide other communications services
incidental to the primary public mobile service for which the
authorizations were issued, provided that:
(a) The costs and charges of subscribers who do not wish to use
incidental services are not increased as a result of provision of
incidental services to other subscribers;
(b) The quality of the primary public mobile service does not
materially deteriorate as a result of provision of incidental services,
and neither growth nor availability of the primary public mobile service
is significantly diminished as a result of provision of incidental
services;
(c) The provision of the incidental services is not inconsistent
with the Communications Act of 1934, as amended, or with FCC rules and
policies; and
(d) The licensee notifies the FCC by letter before providing the
incidental services. This notification must include a complete
description of the incidental services.
Sec. 22.325 Control points.
Each station in the Public Mobile Services must have at least one
control point and a person on duty who is responsible for station
operation. This section does not require that the person on duty be at
the control point or continuously monitor all transmissions of the
station. However, the control point must have facilities that enable the
person on duty to turn off the transmitters in the event of a
malfunction.
Technical Requirements
Sec. 22.351 Channel assignment policy.
The channels allocated for use in the Public Mobile Services are
listed in the applicable subparts of this part. Channels and channel
blocks are assigned in such a manner as to facilitate the rendition of
service on an interference-free basis in each service area. Except as
otherwise provided in this part, each channel or channel block is
assigned exclusively to one common carrier in each service area. All
applicants for, and licensees of, stations in the Public Mobile Services
shall cooperate in the selection and use of channels in order to
minimize interference and obtain the most efficient use of the allocated
spectrum.
Sec. 22.352 Protection from interference.
Public Mobile Service stations operating in accordance with FCC
rules that provide technical channel assignment criteria for the radio
service and channels involved, all other applicable FCC rules, and the
terms and conditions of their authorizations are normally considered to
be non-interfering. If the FCC determines, however, that interference
that significantly interrupts or degrades a radio service is being
caused, it may, in accordance with the provisions of sections 303(f) and
316 of the Communications Act of 1934, as amended, (47 U.S.C. 303(f),
316), require modifications to any Public Mobile station as necessary to
eliminate such interference.
(a) Failure to operate as authorized. Any licensee causing
interference to the service of other stations by failing to operate its
station in full accordance with its authorization and applicable FCC
rules shall discontinue all transmissions, except those necessary for
the immediate safety of life or property, until it can bring its station
into full compliance with the authorization and rules.
(b) Intermodulation interference. Licensees should attempt to
resolve such interference by technical means.
(c) Situations in which no protection is afforded. Except as
provided elsewhere in this part, no protection from interference is
afforded in the following situations:
[[Page 132]]
(1) Interference to base receivers from base or fixed transmitters.
Licensees should attempt to resolve such interference by technical means
or operating arrangements.
(2) Inteference to mobile receivers from mobile transmitters. No
protection is provided against mobile-to-mobile interference.
(3) Interference to base receivers from mobile transmitters. No
protection is provided against mobile-to-base interference.
(4) Interference to fixed stations. Licensees should attempt to
resolve such interference by technical means or operating arrangements.
(5) Anomalous or infrequent propagation modes. No protection is
provided against interference caused by tropospheric and ionospheric
propagation of signals.
(6) Facilities for which the FCC not notified. No protection is
provided against interference to the service of any additional or
modified transmitter operating pursuant to Sec. 22.163 or Sec. 22.165,
unless and until the licensee notifies the FCC (FCC Form 489) of the
additional or modified transmitter.
(7) In-building radiation systems. No protection is provided against
interference to the service of in-building radiation systems (see
Sec. 22.383).
[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11633, Mar. 12, 1997]
Sec. 22.353 Blanketing interference.
Licensees of Public Mobile Services stations are responsible for
resolving cases of blanketing interference in accordance with the
provisions of this section.
(a) Except as provided in paragraph (c) of this section, licensees
must resolve any cases of blanketing interference in their area of
responsibility caused by operation of their transmitter(s) during a one-
year period following commencement of service from new or modified
transmitter(s). Interference must be resolved promptly at no cost to the
complainant.
(b) The area of responsibility is that area in the immediate
vicinity of the transmitting antenna of stations where the field
strength of the electromagnetic radiation from such stations equals or
exceeds 115 dBV/m. To determine the radial distance to the
boundary of this area, the following formula must be used:
[GRAPHIC] [TIFF OMITTED] TR17NO94.007
where d is the radial distance to the boundary, in kilometers
p is the radial effective radiated power, in kilowatts
The maximum effective radiated power in the pertinent direction, without
consideration of the antenna's vertical radiation pattern or height,
must be used in the formula.
(c) Licensees are not required to resolve blanketing interference to
mobile receivers or non-RF devices or blanketing interference occurring
as a result of malfunctioning or mistuned receivers, improperly
installed consumer antenna systems, or the use of high gain antennas or
antenna booster amplifiers by consumers.
(d) Licensees that install transmitting antennas at a location where
there are already one or more transmitting antennas are responsible for
resolving any new cases of blanketing interference in accordance with
this section.
(e) Two or more licensees that concurrently install transmitting
antennas at the same location are jointly responsible for resolving
blanketing interference cases, unless the FCC can readily determine
which station is causing the interference, in which case the licensee of
that station is held fully responsible.
(f) After the one year period of responsibility to resolve
blanketing interference, licensees must provide upon request technical
information to complainants on remedies for blanketing interference.
Sec. 22.355 Frequency tolerance.
Except as otherwise provided in this part, the carrier frequency of
each transmitter in the Public Mobile Services must be maintained within
the tolerances given in Table C-1 of this section.
[[Page 133]]
Table C-1.--Frequency Tolerance for Transmitters in the Public Mobile
Services
------------------------------------------------------------------------
Mobile 3
Frequency range (MHz) Base, fixed watts (ppm) Mobile <=3
(ppm) watts (ppm)
------------------------------------------------------------------------
25 to 50......................... 20.0 20.0 50.0
50 to 450........................ 5.0 5.0 50.0
450 to 512....................... 2.5 5.0 5.0
821 to 896....................... 1.5 2.5 2.5
928 to 929....................... 5.0 n/a n/a
929 to 960....................... 1.5 n/a n/a
2110 to 2220..................... 10.0 n/a n/a
------------------------------------------------------------------------
[61 FR 54099, Oct. 17, 1996]
Sec. 22.357 Emission types.
Any authorized station in the Public Mobile Services may transmit
any emission type provided that the resulting emission complies with the
appropriate emission mask. See Secs. 22.359, 22.861 and 22.917.
[61 FR 54099, Oct. 17, 1996]