<CHAPTER> <SUBCHAP TYPE="N"> <PRTPAGE P="5"/> <HD SOURCE="HED">SUBCHAPTER B—COMMON CARRIER SERVICES</HD> <PART> <EAR>Pt. 20</EAR> <HD SOURCE="HED">PART 20—COMMERCIAL MOBILE RADIO SERVICES</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>20.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>20.3</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>20.5</SECTNO> <SUBJECT>Citizenship.</SUBJECT> <SECTNO>20.6</SECTNO> <SUBJECT>CMRS spectrum aggregation limit.</SUBJECT> <SECTNO>20.7</SECTNO> <SUBJECT>Mobile services.</SUBJECT> <SECTNO>20.9</SECTNO> <SUBJECT>Commercial mobile radio service.</SUBJECT> <SECTNO>20.11</SECTNO> <SUBJECT>Interconnection to facilities of local exchange carriers.</SUBJECT> <SECTNO>20.12</SECTNO> <SUBJECT>Resale and roaming.</SUBJECT> <SECTNO>20.13</SECTNO> <SUBJECT>State petitions for authority to regulate rates.</SUBJECT> <SECTNO>20.15</SECTNO> <SUBJECT>Requirements under Title II of the Communications Act.</SUBJECT> <SECTNO>20.18</SECTNO> <SUBJECT>911 Service.</SUBJECT> <SECTNO>20.20</SECTNO> <SUBJECT>Conditions applicable to provision of CMRS service by incumbent Local Exchange Carriers.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 47 U.S.C. 154, 160, 251-254, 303, and 332 unless otherwise noted. </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 59 FR 18495, Apr. 19, 1994, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 20.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> The purpose of these rules is to set forth the requirements and conditions applicable to commercial mobile radio service providers. </SECTION> <SECTION> <SECTNO>§ 20.3</SECTNO> <SUBJECT>Definitions.</SUBJECT> <E T="03">Automatic Number Identification</E> (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. <E T="03">Commercial mobile radio service.</E> A mobile service that is: (a)(1) provided for profit, <E T="03">i.e.</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. <E T="03">Designated PSAP.</E> 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. <E T="03">Incumbent Wide Area SMR Licensees.</E> 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. <E T="03">Interconnection or Interconnected.</E> 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. <E T="03">Interconnected Service.</E> 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. <E T="03">Mobile Service.</E> 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 <PRTPAGE P="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. <E T="03">Private Mobile Radio Service.</E> 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 § 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). <E T="03">Pseudo Automatic Number Identification</E> (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. <E T="03">Public Safety Answering Point.</E> A point that has been designated to receive 911 calls and route them to emergency service personnel. <E T="03">Public Switched Network.</E> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.5</SECTNO> <SUBJECT>Citizenship.</SUBJECT> (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. <CITA>[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 55580, Oct. 28, 1996]</CITA> </SECTION> <SECTION> <PRTPAGE P="7"/> <SECTNO>§ 20.6</SECTNO> <SUBJECT>CMRS spectrum aggregation limit.</SUBJECT> (a) <E T="03">45 MHz limitation.</E> No licensee in the broadband PCS, cellular, or SMR services (including all parties under common control) regulated as CMRS (see § 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) <E T="03">SMR spectrum.</E> 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) <E T="03">Significant overlap.</E> (1) For purposes of paragraph (a) of this section, significant overlap of a PCS licensed service area and CGSA(s) (as defined in § 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) <E T="03">Ownership attribution.</E> 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 § 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 <PRTPAGE P="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 § 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)<E T="03"> Divestiture</E>. (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 <PRTPAGE P="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 §§ 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> <HD SOURCE="HED">Note 1 to § 20.6:</HD> 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> <NOTE> <HD SOURCE="HED">Note 2 to § 20.6:</HD> 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> <NOTE> <HD SOURCE="HED">Note 3 to § 20.6:</HD> Waivers of § 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. </NOTE> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.7</SECTNO> <SUBJECT>Mobile services.</SUBJECT> 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);<PRTPAGE P="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 § 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). </SECTION> <SECTION> <SECTNO>§ 20.9</SECTNO> <SUBJECT>Commercial mobile radio service.</SUBJECT> (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 (§ 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.<PRTPAGE P="11"/> (A) The petition must show that: (<E T="03">1</E>) The mobile service in question meets the definition of commercial mobile radio service; or (<E T="03">2</E>) 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 §§ 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 § 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 §§ 1.1 through 1.52 of this chapter and § 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 § 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. <CITA>[59 FR 18495, Apr. 19, 1994, as amended at 62 FR 18843, Apr. 17, 1997; 63 FR 40062, July 27, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.11</SECTNO> <SUBJECT>Interconnection to facilities of local exchange carriers.</SUBJECT> (a) A local exchange carrier must provide the type of interconnection <PRTPAGE P="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 §§ 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. <CITA>[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 45619, Aug. 29, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.12</SECTNO> <SUBJECT>Resale and roaming.</SUBJECT> (a) <E T="03">Scope of section.</E> 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) <E T="03">Resale.</E> 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) <E T="03">Roaming.</E> 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. <CITA>[61 FR 38402, July 24, 1996, as amended at 61 FR 43981, Aug. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.13</SECTNO> <SUBJECT>State petitions for authority to regulate rates.</SUBJECT> (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 <PRTPAGE P="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 § 1.45 of this chapter, practice and procedure rules contained in §§ 1.42-1.52 of this chapter shall apply. The provisions of §§ 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 <PRTPAGE P="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 § 1.42-1.52 of this chapter apply. The provisions of §§ 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. </SECTION> <SECTION> <SECTNO>§ 20.15</SECTNO> <SUBJECT>Requirements under Title II of the Communications Act.</SUBJECT> (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 §§ 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 §§ 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, <E T="03">affiliation</E> is defined in § 63.18(h)(1)(i) of this chapter. (e) For obligations of commercial mobile radio service providers to provide local number portability, see § 52.1 of this chapter. <CITA>[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38637, July 25, 1996; 63 FR 43040, Aug. 11, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.18</SECTNO> <SUBJECT>911 Service.</SUBJECT> (a) <E T="03">Scope of section.</E> 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 <PRTPAGE P="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) <E T="03">Basic 911 Service.</E> 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) <E T="03">TTY Access to 911 Services.</E> 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 T="03">e.g.,</E> through the use of Text Telephone Devices (TTY). <NOTE> <HD SOURCE="HED">Note to paragraph (c):</HD> 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. </NOTE> (d) <E T="03">Phase I enhanced 911 services.</E> (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> <HD SOURCE="HED">Note to paragraph (d):</HD> 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. </NOTE> (e) <E T="03">Phase II enhanced 911 services.</E> 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) <E T="03">Conditions for enhanced 911 services.</E> 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) <E T="03">Dispatch service.</E> 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. <CITA>[63 FR 2637, Jan. 16, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.20</SECTNO> <SUBJECT>Conditions applicable to provision of CMRS service by incumbent Local Exchange Carriers.</SUBJECT> (a) <E T="03">Separate affiliate.</E> 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 <PRTPAGE P="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) <E T="03">Independence.</E> 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) <E T="03">Joint marketing.</E> 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) <E T="03">Rural telephone companies.</E> 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) <E T="03">Incumbent LECs with fewer than 2 percent of subscriber lines.</E> 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) <E T="03">Definitions.</E> Terms used in this section have the following meanings: <E T="03">Affiliate.</E> “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. <E T="03">Broadband Commercial Mobile Radio Service (Broadband CMRS).</E> 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).<PRTPAGE P="17"/> <E T="03">Incumbent Local Exchange Carrier (Incumbent LEC).</E> “Incumbent LEC” has the same meaning as that term is defined in § 51.5 of this chapter. <E T="03">In-region.</E> 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. <E T="03">Rural Telephone Company.</E> “Rural Telephone Company” has the same meaning as that term is defined in § 51.5 of this chapter. (f) <E T="03">Sunset.</E> This section will no longer be effective after January 1, 2002. <CITA>[62 FR 63871, Dec. 3, 1997]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 21</EAR> <HD SOURCE="HED">PART 21—DOMESTIC PUBLIC FIXED RADIO SERVICES</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>21.1</SECTNO> <SUBJECT>Scope and authority.</SUBJECT> <SECTNO>21.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Applications and Licenses</HD> <SUBJGRP> <HD SOURCE="HED">General Filing Requirements</HD> <SECTNO>21.3</SECTNO> <SUBJECT>Station authorization required.</SUBJECT> <SECTNO>21.4</SECTNO> <SUBJECT>Eligibility for station license.</SUBJECT> <SECTNO>21.5</SECTNO> <SUBJECT>Formal and informal applications.</SUBJECT> <SECTNO>21.6</SECTNO> <SUBJECT>Filing of applications, fees, and number of copies.</SUBJECT> <SECTNO>21.7</SECTNO> <SUBJECT>Standard application form for domestic public fixed radio service licenses.</SUBJECT> <SECTNO>21.8-21.10</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.11</SECTNO> <SUBJECT>Miscellaneous forms shared by all domestic public radio services.</SUBJECT> <SECTNO>21.12</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.13</SECTNO> <SUBJECT>General application requirements.</SUBJECT> <SECTNO>21.14</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.15</SECTNO> <SUBJECT>Technical content of applications.</SUBJECT> <SECTNO>21.16</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.17</SECTNO> <SUBJECT>Certification of financial qualifications.</SUBJECT> <SECTNO>21.18</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.19</SECTNO> <SUBJECT>Waiver of rules.</SUBJECT> <SECTNO>21.20</SECTNO> <SUBJECT>Defective applications.</SUBJECT> <SECTNO>21.21</SECTNO> <SUBJECT>Inconsistent or conflicting applications.</SUBJECT> <SECTNO>21.22</SECTNO> <SUBJECT>Repetitious applications.</SUBJECT> <SECTNO>21.23</SECTNO> <SUBJECT>Amendment of applications.</SUBJECT> <SECTNO>21.24</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.25</SECTNO> <SUBJECT>Application for temporary authorizations.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Processing of Applications</HD> <SECTNO>21.26</SECTNO> <SUBJECT>Receipt of applications.</SUBJECT> <SECTNO>21.27</SECTNO> <SUBJECT>Public notice period.</SUBJECT> <SECTNO>21.28</SECTNO> <SUBJECT>Dismissal and return of applications.</SUBJECT> <SECTNO>21.29</SECTNO> <SUBJECT>Ownership changes and agreements to amend or to dismiss applications or pleadings.</SUBJECT> <SECTNO>21.30</SECTNO> <SUBJECT>Opposition to applications.</SUBJECT> <SECTNO>21.31</SECTNO> <SUBJECT>Mutually exclusive applications.</SUBJECT> <SECTNO>21.32</SECTNO> <SUBJECT>Consideration of applications.</SUBJECT> <SECTNO>21.33</SECTNO> <SUBJECT>Grants by random selection.</SUBJECT> <SECTNO>21.34</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.35</SECTNO> <SUBJECT>Comparative evaluation of mutually exclusive applications.</SUBJECT> <SECTNO>21.36—21.37</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">License Transfers, Modifications, Conditions and Forfeitures</HD> <SECTNO>21.38</SECTNO> <SUBJECT>Assignment or transfer of station authorization.</SUBJECT> <SECTNO>21.39</SECTNO> <SUBJECT>Considerations involving transfer or assignment applications.</SUBJECT> <SECTNO>21.40</SECTNO> <SUBJECT>Modification of station license.</SUBJECT> <SECTNO>21.41</SECTNO> <SUBJECT>Special processing of applications for minor facility modifications.</SUBJECT> <SECTNO>21.42</SECTNO> <SUBJECT>Certain modifications not requiring prior authorization.</SUBJECT> <SECTNO>21.43</SECTNO> <SUBJECT>Period of construction; certification of completion of construction.</SUBJECT> <SECTNO>21.44</SECTNO> <SUBJECT>Forfeiture and termination of station authorizations.</SUBJECT> <SECTNO>21.45</SECTNO> <SUBJECT>License period.</SUBJECT> <SECTNO>21.50</SECTNO> <SUBJECT>Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from Domestic Public Fixed Radio Services to emerging technologies.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Technical Standards</HD> <SECTNO>21.100</SECTNO> <SUBJECT>Frequencies.</SUBJECT> <SECTNO>21.101</SECTNO> <SUBJECT>Frequency tolerance.</SUBJECT> <SECTNO>21.102—21.104</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.105</SECTNO> <SUBJECT>Bandwidth.</SUBJECT> <SECTNO>21.106</SECTNO> <SUBJECT>Emission limitations.</SUBJECT> <SECTNO>21.107</SECTNO> <SUBJECT>Transmitter power.</SUBJECT> <SECTNO>21.108</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.109</SECTNO> <SUBJECT>Antenna and antenna structures.</SUBJECT> <SECTNO>21.110</SECTNO> <SUBJECT>Antenna polarization.</SUBJECT> <SECTNO>21.111</SECTNO> <SUBJECT>Use of common antenna structure.</SUBJECT> <SECTNO>21.112</SECTNO> <SUBJECT>Marking of antenna structures.</SUBJECT> <SECTNO>21.113</SECTNO> <SUBJECT>Quiet zones and Arecibo Coordination Zone.</SUBJECT> <SECTNO>21.114-21.115</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.116</SECTNO> <SUBJECT>Topographical data.</SUBJECT> <SECTNO>21.117</SECTNO> <SUBJECT>Transmitter location.</SUBJECT> <SECTNO>21.118</SECTNO> <SUBJECT>Transmitter construction and installation.</SUBJECT> <SECTNO>21.119</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.120</SECTNO> <SUBJECT>Authorization of transmitters.</SUBJECT> <SECTNO>21.121</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.122</SECTNO> <SUBJECT>Microwave digital modulation.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Technical Operation</HD> <SECTNO>21.200</SECTNO> <SUBJECT>Station inspection.</SUBJECT> <SECTNO>21.201</SECTNO> <SUBJECT>Posting of station authorization information.</SUBJECT> <SECTNO>21.202—21.208</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.209</SECTNO> <SUBJECT>Communications concerning safety of life and property.<PRTPAGE P="18"/> </SUBJECT> <SECTNO>21.210</SECTNO> <SUBJECT>Operation during emergency.</SUBJECT> <SECTNO>21.211</SECTNO> <SUBJECT>Suspension of transmission.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Miscellaneous</HD> <SECTNO>21.300</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.301</SECTNO> <SUBJECT>National defense; free service.</SUBJECT> <SECTNO>21.302</SECTNO> <SUBJECT>Answers to notices of violation.</SUBJECT> <SECTNO>21.303</SECTNO> <SUBJECT>Discontinuance, reduction or impairment of service.</SUBJECT> <SECTNO>21.304</SECTNO> <SUBJECT>Tariffs, reports, and other material required to be submitted to the Commission.</SUBJECT> <SECTNO>21.305</SECTNO> <SUBJECT>Reports required concerning amendments to charters and partnership agreements.</SUBJECT> <SECTNO>21.306</SECTNO> <SUBJECT>Requirement that licensees respond to official communications.</SUBJECT> <SECTNO>21.307</SECTNO> <SUBJECT>Equal employment opportunities.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Developmental Authorizations</HD> <SECTNO>21.400</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <SECTNO>21.401</SECTNO> <SUBJECT>Scope of service.</SUBJECT> <SECTNO>21.402</SECTNO> <SUBJECT>Adherence to program of research and development.</SUBJECT> <SECTNO>21.403</SECTNO> <SUBJECT>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.</SUBJECT> <SECTNO>21.404</SECTNO> <SUBJECT>Terms of grant; general limitations.</SUBJECT> <SECTNO>21.405</SECTNO> <SUBJECT>Supplementary showing required.</SUBJECT> <SECTNO>21.406</SECTNO> <SUBJECT>Developmental report required.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subparts G—J[Reserved]</HD> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—Multipoint Distribution Service</HD> <SECTNO>21.900</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <SECTNO>21.901</SECTNO> <SUBJECT>Frequencies.</SUBJECT> <SECTNO>21.902</SECTNO> <SUBJECT>Frequency interference.</SUBJECT> <SECTNO>21.903</SECTNO> <SUBJECT>Purpose and permissible service.</SUBJECT> <SECTNO>21.904</SECTNO> <SUBJECT>Transmitter power.</SUBJECT> <SECTNO>21.905</SECTNO> <SUBJECT>Emissions and bandwidth.</SUBJECT> <SECTNO>21.906</SECTNO> <SUBJECT>Antennas.</SUBJECT> <SECTNO>21.907</SECTNO> <SUBJECT>Transmission standards.</SUBJECT> <SECTNO>21.908</SECTNO> <SUBJECT>Television transmitting equipment.</SUBJECT> <SECTNO>21.909</SECTNO> <SUBJECT>MDS response stations.</SUBJECT> <SECTNO>21.910</SECTNO> <SUBJECT>Special procedures for discontinuance, reduction or impairment of service by common carrier MDS licensees.</SUBJECT> <SECTNO>21.911</SECTNO> <SUBJECT>Annual reports.</SUBJECT> <SECTNO>21.912</SECTNO> <SUBJECT>Cable television company eligibility requirements.</SUBJECT> <SECTNO>21.913</SECTNO> <SUBJECT>Signal booster stations.</SUBJECT> <SECTNO>21.914</SECTNO> <SUBJECT>Mutually-exclusive MDS applications.</SUBJECT> <SECTNO>21.915</SECTNO> <SUBJECT>One-to-a-market requirement.</SUBJECT> <SECTNO>21.920</SECTNO> <SUBJECT>Applicability of cable television EEO requirements to MDS and MMDS facilities.</SUBJECT> <SECTNO>21.921</SECTNO> <SUBJECT>Basis and purpose for electronic filing and competitive bidding process.</SUBJECT> <SECTNO>21.922</SECTNO> <SUBJECT>Authorized frequencies.</SUBJECT> <SECTNO>21.923</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <SECTNO>21.924</SECTNO> <SUBJECT>Service areas.</SUBJECT> <SECTNO>21.925</SECTNO> <SUBJECT>Applications for BTA authorizations and MDS station licenses.</SUBJECT> <SECTNO>21.926</SECTNO> <SUBJECT>Amendments to long-form applications.</SUBJECT> <SECTNO>21.927</SECTNO> <SUBJECT>Sole bidding applicants.</SUBJECT> <SECTNO>21.928</SECTNO> <SUBJECT>Acceptability of short- and long-form applications.</SUBJECT> <SECTNO>21.929</SECTNO> <SUBJECT>Authorization period for station licenses.</SUBJECT> <SECTNO>21.930</SECTNO> <SUBJECT>Five-year build-out requirements.</SUBJECT> <SECTNO>21.931</SECTNO> <SUBJECT>Partitioned service areas (PSAs).</SUBJECT> <SECTNO>21.932</SECTNO> <SUBJECT>Forfeiture of incumbent MDS station licenses.</SUBJECT> <SECTNO>21.933</SECTNO> <SUBJECT>Protected service areas.</SUBJECT> <SECTNO>21.934</SECTNO> <SUBJECT>Assignment or transfer of control of BTA authorizations.</SUBJECT> <SECTNO>21.935</SECTNO> <SUBJECT>Assignment or transfer of control of station licenses within a BTA.</SUBJECT> <SECTNO>21.936</SECTNO> <SUBJECT>Cancellation of authorization.</SUBJECT> <SECTNO>21.937</SECTNO> <SUBJECT>Negotiated interference protection.</SUBJECT> <SECTNO>21.938</SECTNO> <SUBJECT>BTA and PSA technical and interference provisions.</SUBJECT> <SECTNO>21.939</SECTNO> <SUBJECT>Harmful interference abatement.</SUBJECT> <SECTNO>21.940</SECTNO> <SUBJECT>Non-subscription MDS service.</SUBJECT> <SECTNO>21.941—21.949</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.950</SECTNO> <SUBJECT>MDS subject to competitive bidding.</SUBJECT> <SECTNO>21.951</SECTNO> <SUBJECT>MDS competitive bidding procedures.</SUBJECT> <SECTNO>21.952</SECTNO> <SUBJECT>Bidding application procedures.</SUBJECT> <SECTNO>21.953</SECTNO> <SUBJECT>Prohibition of collusion.</SUBJECT> <SECTNO>21.954</SECTNO> <SUBJECT>Submission of up front payments.</SUBJECT> <SECTNO>21.955</SECTNO> <SUBJECT>Submission of down payments.</SUBJECT> <SECTNO>21.956</SECTNO> <SUBJECT>Filing of long-form applications or statements of intention.</SUBJECT> <SECTNO>21.957</SECTNO> <SUBJECT>Petitions to deny against long-form applications; comments on statements of intention.</SUBJECT> <SECTNO>21.958</SECTNO> <SUBJECT>Full payment and issuance of BTA authorizations.</SUBJECT> <SECTNO>21.959</SECTNO> <SUBJECT>Withdrawal, default and disqualification.</SUBJECT> <SECTNO>21.960</SECTNO> <SUBJECT>Designated entity provisions for MDS.</SUBJECT> <SECTNO>21.961</SECTNO> <SUBJECT>Definitions applicable to designated entity provisions.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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. </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 44 FR 60534, Oct. 19, 1979, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 21.1</SECTNO> <SUBJECT>Scope and authority.</SUBJECT> (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.<PRTPAGE P="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. <CITA>[52 FR 37776, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> As used in this part: <E T="03">Antenna power gain.</E> 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.) <E T="03">Antenna power input.</E> 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. <E T="03">Antenna structures.</E> The antenna, its supporting structure and anything attached to it. <E T="03">Assigned frequency.</E> The centre of the frequency band assigned to a station. <E T="03">Authorized bandwidth.</E> 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. <E T="03">Authorized frequency.</E> The frequency, or frequency range, assigned to a station by the Commission and specified in the instrument of authorization. <E T="03">Authorized power.</E> The maximum power a station is permitted to use. This power is specified by the Commission in the station's authorization. <E T="03">Bandwidth occupied by an emission.</E> 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. <E T="03">Basic Trading Area (BTA).</E> 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 § 21.924(b). <E T="03">Bit rate.</E> The rate of transmission of information in binary (two state) form in bits per unit time. <E T="03">BTA authorization holder.</E> The individual or entity authorized by the Commission to provide Multipoint Distribution Service to the population of a BTA. <E T="03">BTA service area.</E> 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. <E T="03">Carrier.</E> 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. <E T="03">Carrier frequency.</E> The output of a transmitter when the modulating wave is made zero. <E T="03">Communication common carrier.</E> Any person engaged in rendering communication service for hire to the public. <E T="03">Control point.</E> 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.<PRTPAGE P="20"/> <E T="03">Control station.</E> 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. <E T="03">Coordination distance.</E> 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. <E T="03">Digital modulation.</E> 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. <E T="03">Domestic fixed public service.</E> 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. <E T="03">Domestic public radio services.</E> The land mobile and domestic fixed public services the stations which are open to public correspondence. <NOTE> <HD SOURCE="HED">Note:</HD> 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. </NOTE> <E T="03">Earth station.</E> 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. <E T="03">Effective radiated power (ERP).</E> The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction. <E T="03">Equivalent Isotropically Radiated Power (EIRP).</E> 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). <E T="03">Facsimile.</E> 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. <E T="03">Fixed earth station.</E> An earth station intended to be used at a specified fixed point. <E T="03">Fixed station.</E> A station in the fixed service. <E T="03">Frequency tolerance.</E> 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. <E T="03">Harmful interference.</E> Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service. <E T="03">Incumbent.</E> An MDS station that was authorized or proposed before September 15, 1995, including those stations that are subsequently modified, renewed or reinstated. <E T="03">Landing area.</E> 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.<PRTPAGE P="21"/> <E T="03">Microwave frequencies.</E> As used in this part, this term refers to frequencies of 890 MHz and above. <E T="03">Multichannel multipoint distribution service.</E> Those multipoint distribution service channels that use the frequency band 2596 MHz to 2644 MHz and associated response channels. <E T="03">Multipoint distribution service.</E> 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. <E T="03">Multipoint distribution service response station.</E> A fixed station operated at an MDS receive location to provide communications with the associated station in the Multipoint Distribution Service. <E T="03">Necessary bandwidth of emission.</E> 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> <HD SOURCE="HED">Note:</HD> The necessary bandwidth for an emission may be calculated using the formulas in § 2.202 of this chapter. </NOTE> <E T="03">Partitioned service area authorization holder.</E> The individual or entity authorized by the Commission to provide Multipoint Distribution Service to the population of a partitioned service area. <E T="03">Partitioned service area (PSA).</E> 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. <E T="03">Private line service.</E> 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. <E T="03">Public correspondence.</E> Any telecommunication which the offices and stations, by reason of their being at the disposal of the public, must accept for transmission. <E T="03">Radio station.</E> A separate transmitter or a group of transmitters under simultaneous common control, including the accessory equipment required for carrying on a radiocommunication service. <E T="03">Radiocommunication.</E> Telecommunication by means of radio waves. <E T="03">Rated power output.</E> 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. <E T="03">Record communication.</E> Any transmission of intelligence which is reduced to visual record form at the point of reception. <E T="03">Reference frequency.</E> 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. <E T="03">Relay station.</E> A fixed station used for the reception and retransmission of the signals of another station or stations. <E T="03">Repeater station.</E> A fixed station established for the automatic retransmission of radiocommunications received from one or more stations and directed to a specified receiver site. <E T="03">Signal booster station.</E> 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. <E T="03">Standby transmitter.</E> 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. <E T="03">Symbol rate.</E> 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.<PRTPAGE P="22"/> <E T="03">Television.</E> A form of telecommunication for transmission of transient images of fixed or moving objects. <E T="03">Television STL station (studio transmitter link).</E> 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. <CITA>[61 FR 26671, May 28, 1996]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Applications and Licenses</HD> <SUBJGRP> <HD SOURCE="HED">General Filing Requirements</HD> <SECTION> <SECTNO>§ 21.3</SECTNO> <SUBJECT>Station authorization required.</SUBJECT> (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 § 1.1307 of the Commission's rules, the requisite environmental assessment as prescribed in § 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 § 1.1312 of this chapter. <CITA>[52 FR 37777, Oct. 9, 1987, as amended at 55 FR 20397, May 16, 1990; 61 FR 26673, May 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.4</SECTNO> <SUBJECT>Eligibility for station license.</SUBJECT> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 61 FR 55580, Oct. 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.5</SECTNO> <SUBJECT>Formal and informal applications.</SUBJECT> (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 <PRTPAGE P="23"/>and completely the facts involved and authorization desired. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37777, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.6</SECTNO> <SUBJECT>Filing of applications, fees, and numbers of copies.</SUBJECT> (a) As prescribed by §§ 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 § 0.121. (b) Applications requiring fees as set forth in part 1, subpart G of this chapter must be filed in accordance with § 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 § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.7</SECTNO> <SUBJECT>Standard application form for domestic public fixed radio service licenses.</SUBJECT> 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 §§ 21.40(a) and 21.41, to notify the Commission of modifications made pursuant to § 21.42, and to delete licensed facilities. FCC Form 494A shall be submitted to certify completion of construction. <CITA>[52 FR 37777, Oct. 9, 1987, as amended at 60 FR 36551, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§§ 21.8-21.10</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.11</SECTNO> <SUBJECT>Miscellaneous forms shared by all domestic public radio services.</SUBJECT> (a) <E T="03">Licensee qualifications.</E> 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) <E T="03">Additional time to construct</E>—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) <E T="03">Renewal of station license.</E> 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 <PRTPAGE P="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) <E T="03">Assignment of license.</E> 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 (<E T="03">pro forma</E>) 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) <E T="03">Partial assignment of license.</E> 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. <FP>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.</FP> (f) <E T="03">Transfer of control of corporation holding a conditional license or license.</E> FCC Form 704 (“Application for Consent to Transfer of Control”) must be submitted in order to voluntarily or involuntarily transfer control (<E T="03">de jure</E> or <E T="03">de facto</E>) of a corporation holding any conditional licenses or licenses. FCC Form 704 must also be used for non-substantial (<E T="03">pro forma</E>) 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) <E T="03">Antenna Structure Registration.</E> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.12</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.13</SECTNO> <SUBJECT>General application requirements.</SUBJECT> (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;<PRTPAGE P="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 § 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 T="03">e.g.</E>, 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 §§ 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 § 1.1306 of the Commission's rules. If answered affirmatively, an Environmental Assessment as described by § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.14</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.15</SECTNO> <SUBJECT>Technical content of applications.</SUBJECT> 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 <PRTPAGE P="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 § 21.111 if the structure is used by more than one station. (e) <E T="03">Antenna Structure Registration Number.</E> 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 <PRTPAGE P="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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.16</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.17</SECTNO> <SUBJECT>Certification of financial qualifications.</SUBJECT> 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. <CITA>[52 FR 37778, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.18</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.19</SECTNO> <SUBJECT>Waiver of rules.</SUBJECT> 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. <CITA>[52 FR 37778, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.20</SECTNO> <SUBJECT>Defective applications.</SUBJECT> (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:<PRTPAGE P="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 § 21.31 or § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.21</SECTNO> <SUBJECT>Inconsistent or conflicting applications.</SUBJECT> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37779, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.22</SECTNO> <SUBJECT>Repetitious applications.</SUBJECT> (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 <PRTPAGE P="29"/>be considered until the final disposition of such appeal. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37779, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.23</SECTNO> <SUBJECT>Amendment of applications.</SUBJECT> (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 § 21.35, or for the random selection process, provided, however, that the amendments must comply with the provisions of § 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 § 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 <E T="03">pro forma</E> 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 <E T="03">pro forma</E> 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 <E T="03">pro forma</E> change of ownership or control (bankruptcy, death or legal disability) of a pending Multipoint Distribution Service application and any application seeking more than a <E T="03">pro forma</E> 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 § 21.27 and § 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 § 1.1307 of the Commission's rules, which would require the submission of an environmental assessment, see § 1.1311 of this chapter, and Commission environmental review, <E T="03">see</E> §§ 1.1308 and 1.1312 of this chapter. (4) If the amendment results in a substantial and material alteration of the proposed service.<PRTPAGE P="30"/> (5) If the amendment specifies a substantial change in benefical ownership or control (<E T="03">de jure</E> or <E T="03">de facto</E>) 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 § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.24</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.25</SECTNO> <SUBJECT>Application for temporary authorizations.</SUBJECT> (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 § 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 § 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 <PRTPAGE P="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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 27252, June 14, 1983; 52 FR 37779, Oct. 9, 1987]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Processing of Applications</HD> <SECTION> <SECTNO>§ 21.26</SECTNO> <SUBJECT>Receipt of applications.</SUBJECT> 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 § 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. <CITA>[52 FR 37779, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.27</SECTNO> <SUBJECT>Public notice period.</SUBJECT> (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 § 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 § 21.23, or as a minor modification to a license pursuant to § 21.41; (2) For temporary authorization pursuant to § 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., § 21.41), no application that has appeared on public notice will be granted until the expiration of a period of thirty days following the <PRTPAGE P="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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.28</SECTNO> <SUBJECT>Dismissal and return of applications.</SUBJECT> (a) Except as provided under paragraph (c) of this section and under § 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 § 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 § 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 § 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 § 21.29 (whenever applicable) and demonstrates good cause. (c) Except as provided under § 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 § 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 § 21.35, or tentative selection by the random selection process, but may be with prejudice for unsatisfactory compliance with § 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 § 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 <E T="03">pro forma</E> change of ownership or control (bankruptcy, death, or legal disability). <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.29</SECTNO> <SUBJECT>Ownership changes and agreements to amend or to dismiss applications or pleadings.</SUBJECT> (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 <E T="03">(de jure</E> or <E T="03">de facto)</E> 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 <PRTPAGE P="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 § 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), <PRTPAGE P="34"/>amendment(s), petition(s), pleading(s), or any combination thereof. (f) Notwithstanding § 21.29(e), amendments will not be granted that seek more than a <E T="03">pro forma</E> 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 <E T="03">pro forma</E> change of ownership or control. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 58 FR 11797, Mar. 1, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.30</SECTNO> <SUBJECT>Opposition to applications.</SUBJECT> (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 §§ 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 § 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 § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.31</SECTNO> <SUBJECT>Mutually exclusive applications.</SUBJECT> (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 <PRTPAGE P="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 § 21.23), except under any of the following circumstances: (1) The application has been designated for comparative hearing, or for comparative evaluation (pursuant to § 21.35), and the Commission or the presiding officer accepts the amendment pursuant to § 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 § 21.35, or by random selection pursuant to § 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 <E T="03">pro forma</E> 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 § 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-<PRTPAGE P="36"/>common carrier, or from non-common carrier to common carrier. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.32</SECTNO> <SUBJECT>Consideration of applications.</SUBJECT> (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 § 21.31) with another application (or applications), except where the competing applicants have chosen the comparative evaluation procedure of § 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 § 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 § 21.31) with another application (or applications); or (4) The application is entitled to comparative consideration (pursuant to § 21.31) and the applicants have chosen the comparative evaluation procedure of § 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 <PRTPAGE P="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 § 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.33</SECTNO> <SUBJECT>Grants by random selection.</SUBJECT> (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 §§ 21.31 and 21.914, the applicant may be included in the random selection process set forth in §§ 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. <CITA>[58 FR 11798, Mar. 1, 1993, as amended at 61 FR 26674, May 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.34</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.35</SECTNO> <SUBJECT>Comparative evaluation of mutually exclusive applications.</SUBJECT> (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 § 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 § 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 <PRTPAGE P="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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§§ 21.36-21.37</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">License Transfers, Modifications, Conditions and Forfeitures</HD> <SECTION> <SECTNO>§ 21.38</SECTNO> <SUBJECT>Assignment or transfer of station authorization.</SUBJECT> (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 § 21.11 of this chapter, and shall be accompanied by the applicable showings required by §§ 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 <PRTPAGE P="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). <CITA>[52 FR 37780, Oct. 9, 1987, as amended at 54 FR 11953, Mar. 23, 1989; 59 FR 9101, Feb. 25, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.39</SECTNO> <SUBJECT>Considerations involving transfer or assignment applications.</SUBJECT> (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 <E T="03">pro forma</E> 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. <FP>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.</FP> (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;<PRTPAGE P="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). <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.40</SECTNO> <SUBJECT>Modification of station license.</SUBJECT> (a) Except as provided in §§ 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 § 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. <CITA>[52 FR 37780, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.41</SECTNO> <SUBJECT>Special processing of applications for minor facility modifications.</SUBJECT> (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 <PRTPAGE P="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 § 21.902; and (7) In the Multipoint Distribution Service, the modified facility would not produce a power flux density that exceeds −73 dBW/m<SU>2</SU>, pursuant to §§ 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 § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.42</SECTNO> <SUBJECT>Certain modifications not requiring prior authorization.</SUBJECT> (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 § 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<SU>2</SU>, pursuant to §§ 21.902 and 21.939.<PRTPAGE P="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 § 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 <E T="61">±</E>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 § 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 § 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. <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 63 FR 36603, July 7, 1998, § 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. </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 21.43</SECTNO> <SUBJECT>Period of construction; certification of completion of construction.</SUBJECT> (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 § 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 <PRTPAGE P="43"/>license period, unless the license is submitted for cancellation. <CITA>[52 FR 37782, Oct. 9, 1987, as amended at 60 FR 36552, July 17, 1995; 61 FR 26675, May 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.44</SECTNO> <SUBJECT>Forfeiture and termination of station authorization.</SUBJECT> (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 § 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. <CITA>[52 FR 37782, Oct. 9, 1987, as amended at 60 FR 36552, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.45</SECTNO> <SUBJECT>License period.</SUBJECT> (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. <FP SOURCE="FP-2">Multipoint Distribution Service—May 1.</FP> (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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.50</SECTNO> <SUBJECT>Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from Domestic Public Fixed Radio Services to emerging technologies.</SUBJECT> (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 <PRTPAGE P="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. <CITA>[58 FR 46549, Sept. 2, 1993, as amended at 59 FR 19645, Apr. 25, 1994]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Technical Standards</HD> <SECTION> <SECTNO>§ 21.100</SECTNO> <SUBJECT>Frequencies.</SUBJECT> 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 <PRTPAGE P="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. <CITA>[61 FR 26675, May 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.101</SECTNO> <SUBJECT>Frequency tolerance.</SUBJECT> (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): <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Frequency range (MHz)</CHED> <CHED H="1">Frequency tolerance for fixed stations (percent)</CHED> </BOXHD> <ROW> <ENT I="01">2,150 to 2,162 <SU>1</SU> <SU>2</SU> </ENT> <ENT>0.001</ENT> </ROW> <ROW> <ENT I="01">2,596 to 2,680 <SU>2</SU> </ENT> <ENT>0.005</ENT> </ROW> <TNOTE> <SU>1</SU> Beginning Aug. 9, 1975, this tolerance will govern the marketing of equipment pursuant to §§ 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.</TNOTE> <TNOTE> <SU>2</SU> 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.</TNOTE> </GPOTABLE> (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 § 21.106. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§§ 21.102-21.104</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.105</SECTNO> <SUBJECT>Bandwidth.</SUBJECT> 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. <CITA>[49 FR 48700, Dec. 14, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.106</SECTNO> <SUBJECT>Emission limitations.</SUBJECT> (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 Log<E T="22">10</E> (mean output power in watts) decibels, or 80 decibels, whichever is the lesser attenuation. (2) When using transmissions employing digital modulation techniques (see § 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. <PRTPAGE P="46"/>A=35+0.8(P;minus;50)+10 Log<E T="22">10</E> B. (Attenuation greater than 80 decibels is not required.) <EXTRACT> <FP>where:</FP> </EXTRACT> <FP SOURCE="FP-2">A=Attenuation (in decibels) below the mean output power level.</FP> <FP SOURCE="FP-2">P=Percent removed from the carrier frequency.</FP> <FP SOURCE="FP-2">B=Authorized bandwidth in MHz.</FP> (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 Log<E T="22">10</E> (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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.107</SECTNO> <SUBJECT>Transmitter power.</SUBJECT> (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: <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Frequency range (MHz)</CHED> <CHED H="1">Maximum allowable EIRP for a fixed station (Watts)</CHED> </BOXHD> <ROW> <ENT I="01">2,150 to 2,162 </ENT> <ENT> <SU>1</SU> 2000</ENT> </ROW> <ROW> <ENT I="01">2,596 to 2,680 </ENT> <ENT> <SU>1</SU> 2000</ENT> </ROW> <TNOTE> <SU>1</SU> When a Multipoint Distribution Service station uses a non-omnidirectional antenna EIRP up to 7943 Watts may be authorized pursuant to § 21.904(b) of this Part. </TNOTE> </GPOTABLE> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.108</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.109</SECTNO> <SUBJECT>Antenna and antenna structures.</SUBJECT> (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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987; 61 FR 26675, May 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.110</SECTNO> <SUBJECT>Antenna polarization.</SUBJECT> 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. <CITA>[52 FR 37783, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.111</SECTNO> <SUBJECT>Use of common antenna structure.</SUBJECT> 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 <PRTPAGE P="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. <CITA>[61 FR 4365, Feb. 6, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.112</SECTNO> <SUBJECT>Marking of antenna structures.</SUBJECT> 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.) <CITA>[61 FR 4365, Feb. 6, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.113</SECTNO> <SUBJECT>Quiet zones and Arecibo Coordination Zone.</SUBJECT> 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°15′ N. on the north, 78°30′ W. on the east, 37°30′ N. on the south, and 80°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° 07′ 50″ N Latitude, 105° 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: <GPOTABLE CDEF="s25,8,10" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Frequency range</CHED> <CHED H="1">Field strength (mV/m) in authorized bandwidth of service</CHED> <CHED H="1">Power flux density <SU>1</SU> (dbW/m2) in authorized bandwidth of service</CHED> </BOXHD> <ROW> <ENT I="01">Below 540 kHz </ENT> <ENT>10 </ENT> <ENT>−65.8 </ENT> </ROW> <ROW> <ENT I="01">540 to 1600 kHz </ENT> <ENT>20 </ENT> <ENT>−59.8</ENT> </ROW> <ROW> <ENT I="01">1.6 to 470 MHz </ENT> <ENT>10 </ENT> <ENT> <SU>2</SU> −65.8</ENT> </ROW> <ROW> <ENT I="01">470 to 890 MHz </ENT> <ENT>30 </ENT> <ENT> <SU>2</SU> −54.2</ENT> </ROW> <ROW> <PRTPAGE P="48"/> <ENT I="01">Above 890 MHz </ENT> <ENT>1 </ENT> <ENT> <SU>2</SU> −85.8</ENT> </ROW> <TNOTE> <SU>1</SU> Equivalent values of power flux density are calculated assuming free space characteristic impedance of 376.7=120<E T="61">π</E> ohms.</TNOTE> <TNOTE> <SU>2</SU> 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.</TNOTE> </GPOTABLE> (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 § 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 <E T="03">greater than 10 mV/m</E> in the authorized bandwidth of service (−65.8 dBW/m<E T="21">2</E> 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/m<E T="21">2</E>) 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 <PRTPAGE P="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 § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§§ 21.114-21.115</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.116</SECTNO> <SUBJECT>Topographical data.</SUBJECT> 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 <PRTPAGE P="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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.117</SECTNO> <SUBJECT>Transmitter location.</SUBJECT> (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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 61 FR 4365, Feb. 6, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.118</SECTNO> <SUBJECT>Transmitter construction and installation.</SUBJECT> (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.<PRTPAGE P="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: <E T="03">Provided, however,</E> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.119</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.120</SECTNO> <SUBJECT>Authorization of transmitters.</SUBJECT> (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. <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 63 FR 36603, July 7, 1998, § 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: <SUPERSED> <SECTION> <SECTNO>§ 21.120</SECTNO> <SUBJECT>Authorization of transmitters.</SUBJECT> <STARS/> (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. </SECTION> <SECTION> <SECTNO>§ 21.121</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.122</SECTNO> <SUBJECT>Microwave digital modulation.</SUBJECT> (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 § 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 § 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. <CITA>[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]</CITA> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart D—Technical Operation</HD> <SECTION> <SECTNO>§ 21.200</SECTNO> <SUBJECT>Station inspection.</SUBJECT> The licensee of each station authorized in the radio services included in <PRTPAGE P="52"/>this part shall make the station available for inspection by representatives of the Commission at any reasonable hour. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.201</SECTNO> <SUBJECT>Posting of station authorization information.</SUBJECT> 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. <CITA>[52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§§ 21.202—21.208</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.209</SECTNO> <SUBJECT>Communications concerning safety of life and property.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 21.210</SECTNO> <SUBJECT>Operation during emergency.</SUBJECT> 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: <E T="03">Provided,</E> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.211</SECTNO> <SUBJECT>Suspension of transmission.</SUBJECT> 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. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Miscellaneous</HD> <SECTION> <SECTNO>§ 21.300</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.301</SECTNO> <SUBJECT>National defense; free service.</SUBJECT> 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 <PRTPAGE P="53"/>rendered to each agency if charges for such communications had been collected at the published tariff rates. <CITA>[52 FR 27555, July 22, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.302</SECTNO> <SUBJECT>Answers to notices of violation.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 21.303</SECTNO> <SUBJECT>Discontinuance, reduction or impairment of service.</SUBJECT> (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 § 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 § 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 <PRTPAGE P="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. <FP>If any frequency authorization is cancelled under this paragraph, the Commission will declare by public notice the frequency (or frequencies) vacated.</FP> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.304</SECTNO> <SUBJECT>Tariffs, reports, and other material required to be submitted to the Commission.</SUBJECT> 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. <CITA>[52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.305</SECTNO> <SUBJECT>Reports required concerning amendments to charters and partnership agreements.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 21.306</SECTNO> <SUBJECT>Requirement that licensees respond to official communications.</SUBJECT> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.307</SECTNO> <SUBJECT>Equal employment opportunities.</SUBJECT> (a) <E T="03">General policy</E>. 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) <E T="03">Equal employment opportunity program</E>. 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 <PRTPAGE P="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) <E T="03">Additional information to be furnished to the Commission</E>. (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) <E T="03">To assure nondiscrimination in recruiting</E>. (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) <E T="03">To assure nondiscrimination in selection and hiring.</E> (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 <PRTPAGE P="56"/>discriminating against minority groups or females. (iii) <E T="03">To assure nondiscriminatory placement and promotions.</E> (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) <E T="03">To assure nondiscrimination in other areas of employment practices.</E> (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) <E T="03">Report of complaints filed against licensees and conditional licensees.</E> (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) <E T="03">Complaints of violations of equal employment programs.</E> (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 <PRTPAGE P="57"/>against a licensee or conditional licensee who is required to file an employment report to the Commission under § 1.815(a) of this chapter, will be investigated by the Commission. (f) <E T="03">Records available to the public—</E>(1) <E T="03">Commission records.</E> 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) <E T="03">Records to be maintained locally for public inspection by licensees or conditional licensees—</E>(i) <E T="03">Records to be maintained.</E> 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 § 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) <E T="03">Period of retention.</E> The documents specified in paragraph (f)(2)(i) of this section shall be maintained for a period of 2 years. (g) <E T="03">Cross reference.</E> Applicability of cable television EEO requirements to MDS and MMDS facilities, see § 21.920. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 56 FR 57816, Nov. 14, 1991; 58 FR 42249, Aug. 9, 1993]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Developmental Authorizations</HD> <SECTION> <SECTNO>§ 21.400</SECTNO> <SUBJECT>Eligibility.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 21.401</SECTNO> <SUBJECT>Scope of service.</SUBJECT> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.402</SECTNO> <SUBJECT>Adherence to program of research and development.</SUBJECT> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.403</SECTNO> <SUBJECT>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.</SUBJECT> (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 <PRTPAGE P="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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.404</SECTNO> <SUBJECT>Terms of grant; general limitations.</SUBJECT> (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 (§ 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. </SECTION> <SECTION> <SECTNO>§ 21.405</SECTNO> <SUBJECT>Supplementary showing required.</SUBJECT> (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 § 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 <PRTPAGE P="59"/>public interest, convenience or necessity would be served by renewal of such authorization. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.406</SECTNO> <SUBJECT>Developmental report required.</SUBJECT> (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. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subparts G—J [Reserved]</HD> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—Multipoint Distribution Service</HD> <SECTION> <SECTNO>§ 21.900</SECTNO> <SUBJECT>Eligibility.</SUBJECT> 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. <FP>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.</FP> <CITA>[52 FR 27556, July 22, 1987, as amended at 56 FR 57817, Nov. 14, 1991; 60 FR 36552, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.901</SECTNO> <SUBJECT>Frequencies.</SUBJECT> (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 <PRTPAGE P="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 § 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 § 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 § 74.939(d) of this chapter,<SU>1</SU> 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 § 74.939(d) of this chapter,<SU>1</SU> 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).<SU>1</SU> (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: <GPOTABLE CDEF="s50,r90" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Principal City</CHED> <CHED H="1">Coordinates</CHED> </BOXHD> <ROW> <ENT I="01">Akron, Ohio</ENT> <ENT>Lat. 41°05′06″ N., long. 81°31′06″ W.</ENT> </ROW> <ROW> <ENT I="01">Albany-Schenectady-Troy, N.Y</ENT> <ENT>Lat. 42°39′00″ N., long. 73°45′24″ W.</ENT> </ROW> <ROW> <ENT I="01">Anaheim-Santa Ana-Garden Grove, Calif</ENT> <ENT>Lat. 33°46′30″ N., long. 117°54′48″ W.</ENT> </ROW> <ROW> <ENT I="01">Atlanta, Ga</ENT> <ENT>Lat. 33°45′00″ N., long. 84°23′12″ W.</ENT> </ROW> <ROW> <ENT I="01">Baltimore, Md</ENT> <ENT>Lat. 39°17′18″ N., long. 76°37′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Birmingham, Ala</ENT> <ENT>Lat. 33°30′42″ N., long. 86°48′24″ W.</ENT> </ROW> <ROW> <ENT I="01">Boston, Mass</ENT> <ENT>Lat. 42°21′42″ N., long. 71°03′30″ W.</ENT> </ROW> <ROW> <ENT I="01">Buffalo, N.Y</ENT> <ENT>Lat. 42°53′12″ N., long. 78°52′30″ W.</ENT> </ROW> <ROW> <ENT I="01">Chicago, Ill</ENT> <ENT>Lat. 41°53′00″ N., long. 87°37′30″ W.</ENT> </ROW> <ROW> <ENT I="01">Cincinnati, Ohio</ENT> <ENT>Lat. 39°06′00″ N., long. 84°30′48″ W.</ENT> </ROW> <ROW> <ENT I="01">Cleveland, Ohio</ENT> <ENT>Lat. 41°29′48″ N., long. 81°42′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Columbus, Ohio</ENT> <ENT>Lat. 39°57′42″ N., long. 83°00′06″ W.</ENT> </ROW> <ROW> <ENT I="01">Dallas, Tex</ENT> <ENT>Lat. 32°46′36″ N., long. 96°48′42″ W.</ENT> </ROW> <ROW> <ENT I="01">Dayton, Ohio</ENT> <ENT>Lat. 39°45′24″ N., long. 84°11′42″ W.</ENT> </ROW> <ROW> <ENT I="01">Denver, Colo</ENT> <ENT>Lat. 39°44′24″ N., long. 104°59′18″ W.</ENT> </ROW> <ROW> <ENT I="01">Detroit, Mich</ENT> <ENT>Lat. 42°20′00″ N., long. 83°03′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Fort Worth, Tex</ENT> <ENT>Lat. 32°45′00″ N., long. 97°17′42″ W.</ENT> </ROW> <ROW> <ENT I="01">Gary, Ind</ENT> <ENT>Lat. 41°36′00″ N., long. 87°20′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Hartford, Conn</ENT> <ENT>Lat. 41°46′00″ N., long. 72°40′30″ W.</ENT> </ROW> <ROW> <ENT I="01">Houston, Tex</ENT> <ENT>Lat. 29°45′48″ N., long. 95°21′42″ W.</ENT> </ROW> <ROW> <ENT I="01">Indianapolis, Ind</ENT> <ENT>Lat. 39°46′12″ N., long. 86°09′18″ W.</ENT> </ROW> <ROW> <ENT I="01">Kansas City, Mo</ENT> <ENT>Lat. 39°06′00″ N., long. 94°34′42″ W.</ENT> </ROW> <ROW> <ENT I="01">Los Angeles-Long Beach, Calif</ENT> <ENT>Lat. 34°03′18″ N., long. 118°15′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Louisville, Ky</ENT> <ENT>Lat. 38°14′48″ N., long. 85°45′42″ W.</ENT> </ROW> <ROW> <ENT I="01">Memphis, Tenn</ENT> <ENT>Lat. 35°07′30″ N., long. 90°03′24″ W.</ENT> </ROW> <ROW> <ENT I="01">Miami, Fla</ENT> <ENT>Lat. 25°46′30″ N., long. 80°11′24″ W.</ENT> </ROW> <ROW> <ENT I="01">Milwaukee, Wis</ENT> <ENT>Lat. 43°02′18″ N., long. 87°54′48″ W.</ENT> </ROW> <ROW> <ENT I="01">Minneapolis-St. Paul, Minn</ENT> <ENT>Lat. 44°59′00″ N., long. 93°15′48″ W.</ENT> </ROW> <ROW> <ENT I="01">New Orleans, La</ENT> <ENT>Lat. 29°57′48″ N., long. 90°03′48″ W.</ENT> </ROW> <ROW> <ENT I="01">New York City, N.Y.-Newark-Jersey City-Paterson, N.J</ENT> <ENT>Lat. 40°42′30″ N., long. 74°00′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Norfolk, Va</ENT> <ENT>Lat. 36°50′42″ N., long. 76°17′12″ W.</ENT> </ROW> <ROW> <ENT I="01">Oklahoma City, Okla</ENT> <ENT>Lat. 35°29′30″ N., long. 97°30′12″ W.</ENT> </ROW> <ROW> <ENT I="01">Philadelphia, Pa</ENT> <ENT>Lat. 39°57′00″ N., long. 75°09′48″ W.</ENT> </ROW> <ROW> <ENT I="01">Phoenix, Ariz</ENT> <ENT>Lat. 33°27′18″ N., long. 112°04′24″ W.</ENT> </ROW> <ROW> <ENT I="01">Pittsburgh, Pa</ENT> <ENT>Lat. 40°26′12″ N., long. 80°00′30″ W.</ENT> </ROW> <ROW> <ENT I="01">Portland, Oreg</ENT> <ENT>Lat. 45°32′06″ N., long. 122°37′12″ W.</ENT> </ROW> <ROW> <ENT I="01">Providence, R.I</ENT> <ENT>Lat. 41°49′00″ N., long. 71°24′24″ W.</ENT> </ROW> <ROW> <ENT I="01">Rochester, N.Y</ENT> <ENT>Lat. 43°09′30″ N., long. 77°36′30″ W.</ENT> </ROW> <ROW> <ENT I="01">Sacramento, Calif</ENT> <ENT>Lat. 38°35′06″ N., long. 121°29′24″ W.</ENT> </ROW> <ROW> <ENT I="01">San Antonio, Tex</ENT> <ENT>Lat. 29°25′24″ N., long. 98°29′43″ W.</ENT> </ROW> <ROW> <ENT I="01">San Bernardino-Riverside, Calif</ENT> <ENT>Lat. 34°06′30″ N., long. 117°18′36″ W.</ENT> </ROW> <ROW> <ENT I="01">San Diego, Calif</ENT> <ENT>Lat. 32°42′48″ N., long. 117°09′12″ W.</ENT> </ROW> <ROW> <ENT I="01">San Francisco-Oakland, Calif</ENT> <ENT>Lat. 37°46′30″ N., long. 122°25′00″ W.</ENT> </ROW> <ROW> <ENT I="01">San Jose-Palo Alto-Sunnyvale, Calif</ENT> <ENT>Lat. 37°22′36″ N., long. 122°02′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Seattle-Everett, Wash</ENT> <ENT>Lat. 47°35′48″ N., long. 122°19′48″ W.</ENT> </ROW> <ROW> <ENT I="01">St. Louis, Mo</ENT> <ENT>Lat. 38°37′00″ N., long. 90°11′36″ W.</ENT> </ROW> <ROW> <ENT I="01">Syracuse, N.Y</ENT> <ENT>Lat. 43°03′06″ N., long. 76°09′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Tampa-St. Petersburg, Fla</ENT> <ENT>Lat. 27°57′06″ N., long. 82°27′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Toledo, Ohio</ENT> <ENT>Lat. 41°38′48″ N., long. 83°32′30″ W.</ENT> </ROW> <ROW> <ENT I="01">Washington, D.C</ENT> <ENT>Lat. 38°53′30″ N., long. 77°02′00″ W.</ENT> </ROW> </GPOTABLE> (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 <PRTPAGE P="61"/>is determined that such action would serve the public interest. (4) Notwithstanding the provisions of § 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 § 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 E<E T="22">1</E>, F<E T="22">1</E>, E<E T="22">2</E> and F<E T="22">2</E> and the other licensee could be assigned channels E<E T="22">3</E>, F<E T="22">3</E>, E<E T="22">4</E> and F<E T="22">4</E>. 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 § 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. <NOTE> <HD SOURCE="HED">Notes:</HD> <SU>1</SU> No response channels are provided for channels E3, E4, F3, F4, H1, H2, and H3. </NOTE> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.902</SECTNO> <SUBJECT>Frequency interference.</SUBJECT> (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 <PRTPAGE P="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/m<E T="51">2</E> 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/m<E T="51">2</E> 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 § 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 §§ 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 § 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 § 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 <PRTPAGE P="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. <GPH DEEP="465" SPAN="2"> <PRTPAGE P="64"/> <GID>EC01MR91.040</GID> </GPH> <PRTPAGE P="65"/> (4) For purposes of this section, the received signal power level (RSL)<E T="52">dBW</E> at the output of the FCC reference receiving antenna is obtained from the following formulas (or an equivalent adaptation): <FP SOURCE="FP-2">(RSL)<E T="52">dBW</E>=(EIRP)<E T="52">dBW</E>−(L<E T="52">FS</E>)<E T="52">dB</E>+(G<E T="52">AR</E>)<E T="52">dB</E> </FP> <FP SOURCE="FP-2">where the free space loss (L<E T="52">FS</E>) is</FP> <FP SOURCE="FP-2">(L<E T="52">FS</E>)<E T="52">dB</E>=20 log (4<E T="52">d</E>/)<E T="52">dB</E> </FP> <FP>in which the parameters are defined as follows:</FP> (RSL)<E T="52">dBW</E> is the received power in decibels referenced to one watt. (EIRP)<E T="52">dBW</E> is the equivalent isotropically radiated power in decibels above one watt. d is the distance of the signal path in meters. <E T="61">λ</E> is the wavelength of the signal in meters. G<E T="52">AR</E> 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 § 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 § 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 <PRTPAGE P="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;<PRTPAGE P="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 § 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. <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 61 FR 18098, Apr. 24, 1996, § 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. </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 21.903</SECTNO> <SUBJECT>Purpose and permissible service.</SUBJECT> (a) Multipoint Distribution Service stations are generally intended to provide one-way radio transmission (usually in an omnidirectional pattern) <PRTPAGE P="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, <E T="03">Provided</E> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27556, July 22, 1987; 61 FR 26676, May 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.904</SECTNO> <SUBJECT>Transmitter power.</SUBJECT> (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: <EXTRACT> <FP SOURCE="FP-2">EIRP=33 dBW+10 log (360/beamwidth) [where 10 log (360/beamwidth) ≤6 dB].</FP> </EXTRACT> <FP>Beamwidth is the total horizontal plane beamwidth of the transmitting antenna system in degrees, measured at the half-power points.</FP> (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 <PRTPAGE P="69"/>power of the transmitter. The Commission may order a reduction in aural signal power to diminish the potential for harmful interference. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.905</SECTNO> <SUBJECT>Emissions and bandwidth.</SUBJECT> (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 §§ 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.906</SECTNO> <SUBJECT>Antennas.</SUBJECT> (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. (<E T="03">See</E> part 17 of this chapter concerning the construction, marking and lighting of antenna structures.) <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37786, Oct. 9, 1987; 58 FR 44896, Aug. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.907</SECTNO> <SUBJECT>Transmission standards.</SUBJECT> (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 § 73.682(a) of this chapter, except that the provision of § 21.906(b) shall replace the requirements of § 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 § 73.682(a) of this chapter, except that: (1) The provision of § 21.906(b) shall replace the requirements of § 73.682(a)(14) of this chapter, and (2) The requirements of § 73.682 (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(9), (a)(19), <PRTPAGE P="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. <CITA>[52 FR 27556, July 22, 1987, as amended at 63 FR 36603, July 7, 1998]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 63 FR 36603, July 7, 1998, § 21.907 was amended in paragraphs (c) and (d) by removing the term “type-accepted” and replacing it with “certificated”, effective Oct. 5, 1998. </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 21.908</SECTNO> <SUBJECT>Television transmitting equipment.</SUBJECT> (a) Except as otherwise provided in this section, the requirements of paragraphs (a), (b), (c), (d), and (e) of § 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 § 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 § 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 § 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 § 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. <CITA>[55 FR 46011, Oct. 31, 1990, as amended at 56 FR 57818, Nov. 14, 1991]</CITA> </SECTION> <SECTION> <PRTPAGE P="71"/> <SECTNO>§ 21.909</SECTNO> <SUBJECT>MDS response stations.</SUBJECT> (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 § 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). <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.910</SECTNO> <SUBJECT>Special procedures for discontinuance, reduction or impairment of service by common carrier MDS licensees.</SUBJECT> 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: <EXTRACT> 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 § 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. </EXTRACT> (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 § 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 <PRTPAGE P="72"/>the applicant that the grant will not be automatically effective. <CITA>[52 FR 27557, July 22, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.911</SECTNO> <SUBJECT>Annual reports.</SUBJECT> (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. <CITA>[55 FR 46011, Oct. 31, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.912</SECTNO> <SUBJECT>Cable television company eligibility requirements.</SUBJECT> (a) Nothwithstanding the provisions of § 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> <HD SOURCE="HED">Note 1:</HD> (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 § 76.501, provided however, that: (i) The single majority shareholder provisions of Note 2(b) to § 76.501 and the limited partner insulation provisions of Note 2(g) to § 76.501 shall not apply; and (ii) The provisions of Note 2(a) to § 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 § 76.5. </NOTE> <NOTE> <HD SOURCE="HED">Note 2:</HD> The Commission will entertain requests to waive the restrictions in paragraph <PRTPAGE P="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 § 76.7. </NOTE> (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 § 74.931(e) of this chapter.<SU>1</SU> 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.<PRTPAGE P="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. <E T="04">Notes:</E> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.913</SECTNO> <SUBJECT>Signal booster stations.</SUBJECT> (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 §§ 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/m<E T="51">2</E> 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 <PRTPAGE P="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 § 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/m<E T="51">2</E>, 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.914</SECTNO> <SUBJECT>Mutually-exclusive MDS applications.</SUBJECT> Notwithstanding the provisions of § 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. <CITA>[55 FR 46012, Oct. 31, 1990, as amended at 56 FR 57819, Nov. 14, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.915</SECTNO> <SUBJECT>One-to-a-market requirement.</SUBJECT> 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. <CITA>[58 FR 11799, Mar. 1, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.920</SECTNO> <SUBJECT>Applicability of cable television EEO requirements to MDS and MMDS facilities.</SUBJECT> Notwithstanding other EEO provisions within § 1.815 of this chapter and § 21.307, an entity that uses an owned or <PRTPAGE P="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. <CITA>[58 FR 42249, Aug. 9, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.921</SECTNO> <SUBJECT>Basis and purpose for electronic filing and competitive bidding process.</SUBJECT> (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 § 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, §§ 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. <CITA>[60 FR 36554, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.922</SECTNO> <SUBJECT>Authorized frequencies.</SUBJECT> The frequencies in the MDS service through the competitive bidding process are in the frequency allocations table of § 21.901 of this part. <CITA>[60 FR 36555, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.923</SECTNO> <SUBJECT>Eligibility.</SUBJECT> Any individual or entity, other than those precluded by §§ 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. <CITA>[60 FR 36555, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.924</SECTNO> <SUBJECT>Service areas.</SUBJECT> (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; Mayagu<AC T="4"/>ez/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. <CITA>[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.925</SECTNO> <SUBJECT>Applications for BTA authorizations and MDS station licenses.</SUBJECT> (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 <PRTPAGE P="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 §§ 74.990 and 74.991. (c) The Commission shall grant BTA authorizations to auction winners as set forth in § 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. <CITA>[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.926</SECTNO> <SUBJECT>Amendments to long-form applications.</SUBJECT> (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 <E T="03">pro forma</E> 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. <CITA>[60 FR 36555, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.927</SECTNO> <SUBJECT>Sole bidding applicants.</SUBJECT> 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. <CITA>[60 FR 36555, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.928</SECTNO> <SUBJECT>Acceptability of short- and long-form applications.</SUBJECT> The acceptability of short- and long-form applications will be determined according to the requirements of §§ 21.13, 21.15, 21.20, 21.21 and 21.952. <CITA>[60 FR 36555, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.929</SECTNO> <SUBJECT>Authorization period for station licenses.</SUBJECT> (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 § 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. <CITA>[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.930</SECTNO> <SUBJECT>Five-year build-out requirements.</SUBJECT> (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 (<E T="03">i.e.,</E> grant of a station license or modification).<PRTPAGE P="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 § 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 § 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 § 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 § 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 §§ 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. <CITA>[60 FR 36555, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.931</SECTNO> <SUBJECT>Partitioned service areas (PSAs).</SUBJECT> (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 § 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 <PRTPAGE P="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 § 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 § 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 § 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 § 21.930(c)(1) also apply to the holders of authorizations for PSAs. <CITA>[60 FR 36556, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.932</SECTNO> <SUBJECT>Forfeiture of incumbent MDS station licenses.</SUBJECT> (a) If the license for a incumbent MDS station is forfeited, absent the filing and grant of a petition for reinstatement pursuant to § 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. <CITA>[60 FR 36556, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.933</SECTNO> <SUBJECT>Protected service areas.</SUBJECT> (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. <CITA>[60 FR 57367, Nov. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.934</SECTNO> <SUBJECT>Assignment or transfer of control of BTA authorizations.</SUBJECT> (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 <PRTPAGE P="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 T="03">e.g.,</E> 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 §§ 21.4, 21.900 and 21.912 of this subpart. (c) The anti-trafficking provision of § 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. <CITA>[60 FR 36556, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.935</SECTNO> <SUBJECT>Assignment or transfer of control of station licenses within a BTA.</SUBJECT> 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. <CITA>[60 FR 36557, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.936</SECTNO> <SUBJECT>Cancellation of authorization.</SUBJECT> (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. <CITA>[60 FR 36557, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.937</SECTNO> <SUBJECT>Negotiated interference protection.</SUBJECT> (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 §§ 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. <CITA>[60 FR 36557, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.938</SECTNO> <SUBJECT>BTA and PSA technical and interference provisions.</SUBJECT> (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 § 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 § 74.903(a).<PRTPAGE P="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 § 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 § 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 § 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. <CITA>[60 FR 36557, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.939</SECTNO> <SUBJECT>Harmful interference abatement.</SUBJECT> 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. <CITA>[60 FR 36557, July 17, 1995]</CITA> </SECTION> <SECTION> <PRTPAGE P="82"/> <SECTNO>§ 21.940</SECTNO> <SUBJECT>Non-subscription MDS service.</SUBJECT> 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. <CITA>[63 FR 29668, June 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§§ 21.941—21.949</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.950</SECTNO> <SUBJECT>MDS subject to competitive bidding.</SUBJECT> 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. <CITA>[60 FR 36557, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.951</SECTNO> <SUBJECT>MDS competitive bidding procedures.</SUBJECT> (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. <E T="03">See</E> 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. <CITA>[60 FR 36557, July 17, 1995]</CITA> </SECTION> <SECTION> <PRTPAGE P="83"/> <SECTNO>§ 21.952</SECTNO> <SUBJECT>Bidding application procedures.</SUBJECT> (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 § 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 § 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 § 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. <CITA>[60 FR 36558, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.953</SECTNO> <SUBJECT>Prohibition of collusion.</SUBJECT> (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 § 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).<PRTPAGE P="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 § 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). <CITA>[60 FR 36558, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.954</SECTNO> <SUBJECT>Submission of up front payments.</SUBJECT> (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 § 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 § 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 § 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. <CITA>[60 FR 36559, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.955</SECTNO> <SUBJECT>Submission of down payments</SUBJECT> (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 § 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 <PRTPAGE P="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. <CITA>[60 FR 36559, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.956</SECTNO> <SUBJECT>Filing of long-form applications or statements of intention.</SUBJECT> (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 § 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 (<E T="03">see</E> 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. <CITA>[60 FR 36559, July 17, 1995, as amended at 61 FR 18098, Apr. 24, 1996]]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.957</SECTNO> <SUBJECT>Petitions to deny against long-from applications; comments on statements of intention.</SUBJECT> (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. <CITA>[60 FR 36559, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.958</SECTNO> <SUBJECT>Full payment and issuance of BTA authorizations.</SUBJECT> Each winning bidder, except for small businesses eligible for installment payments under § 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 § 21.956(a) will receive its BTA authorization concurrent with the grant of its MDS conditional station license within its BTA service <PRTPAGE P="86"/>area. A winning bidder who submitted a statement of intention with regard to its BTA service area pursuant to § 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. <CITA>[60 FR 36559, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.959</SECTNO> <SUBJECT>Withdrawal, default and disqualification.</SUBJECT> (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) <E T="03">Default or disqualification after close of auction. See</E> § 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 <PRTPAGE P="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. <CITA>[60 FR 36560, July 17, 1995, as amended at 63 FR 2348, Jan. 15, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.960</SECTNO> <SUBJECT>Designated entity provisions for MDS.</SUBJECT> (a)<E T="03"> Designated entities</E>. 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)<E T="03"> Installment payments</E>. 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 § 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 § 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 § 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. <E T="03">See</E> § 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 § 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 <PRTPAGE P="88"/>from revenues from operations, business development or expanded service shall not be considered changes in ownership structure under this paragraph. (c)<E T="03"> Reduced upfront payments</E>. 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 § 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)<E T="03"> Bidding credits</E>. 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. <E T="03">See</E> § 1.2111 of this chapter. (2) [Reserved] (e)<E T="03"> Short-form application certification; Long-form application or statement of intention disclosure</E>. 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 § 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 <E T="03">de facto</E> and <E T="03">de jure</E> control of the entity. <E T="03">See</E> 47 CFR 1.2110(i). (f)<E T="03"> Records maintenance</E>. 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)<E T="03"> Audits</E>. 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. <CITA>[60 FR 36560, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995; 63 FR 2348, Jan. 15, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.961</SECTNO> <SUBJECT>Definitions applicable to designated entity provisions.</SUBJECT> (a) Scope. The definitions in this section apply to § 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) <E T="03">Aggregation of gross revenues.</E> <PRTPAGE P="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 T="03">e.g.,</E> 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). <CITA>[60 FR 36562, July 17, 1995, as amended at 60 FR 57368, Nov. 15, 1995]</CITA> </SECTION> </SUBPART> <PART> <EAR>Pt. 22</EAR> <HD SOURCE="HED">PART 22—PUBLIC MOBILE SERVICES</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Scope and Authority</HD> <SECHD>Sec.</SECHD> <SECTNO>22.1</SECTNO> <SUBJECT>Basis and purpose.</SUBJECT> <SECTNO>22.3</SECTNO> <SUBJECT>Authorization required.</SUBJECT> <SECTNO>22.5</SECTNO> <SUBJECT>Citizenship.</SUBJECT> <SECTNO>22.7</SECTNO> <SUBJECT>General eligibility.</SUBJECT> <SECTNO>22.99</SECTNO> <SUBJECT>Definitions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Licensing Requirements and Procedures</HD> <SUBJGRP> <HD SOURCE="HED">Applications and Notifications</HD> <SECTNO>22.101</SECTNO> <SUBJECT>Station files.</SUBJECT> <SECTNO>22.103</SECTNO> <SUBJECT>Representations.</SUBJECT> <SECTNO>22.105</SECTNO> <SUBJECT>Written applications, standard forms, microfiche, magnetic disks.</SUBJECT> <SECTNO>22.106</SECTNO> <SUBJECT>Filing fees; place.</SUBJECT> <SECTNO>22.107</SECTNO> <SUBJECT>General application requirements.</SUBJECT> <SECTNO>22.108</SECTNO> <SUBJECT>Parties to applications.</SUBJECT> <SECTNO>22.115</SECTNO> <SUBJECT>Content of applications.</SUBJECT> <SECTNO>22.117</SECTNO> <SUBJECT>Content of notifications.</SUBJECT> <SECTNO>22.119</SECTNO> <SUBJECT>Requests for rule waivers.</SUBJECT> <SECTNO>22.120</SECTNO> <SUBJECT>Application processing; initial procedures.</SUBJECT> <SECTNO>22.121</SECTNO> <SUBJECT>Repetitious, inconsistent or conflicting applications.</SUBJECT> <SECTNO>22.122</SECTNO> <SUBJECT>Amendment of applications.</SUBJECT> <SECTNO>22.123</SECTNO> <SUBJECT>Classification of filings as major or minor.</SUBJECT> <SECTNO>22.124</SECTNO> <SUBJECT>Notification processing.</SUBJECT> <SECTNO>22.125</SECTNO> <SUBJECT>Application for special temporary authorizations.</SUBJECT> <SECTNO>22.127</SECTNO> <SUBJECT>Public notices.</SUBJECT> <SECTNO>22.128</SECTNO> <SUBJECT>Dismissal of applications.</SUBJECT> <SECTNO>22.129</SECTNO> <SUBJECT>Agreements to dismiss applications, amendments or pleadings.</SUBJECT> <SECTNO>22.130</SECTNO> <SUBJECT>Petitions to deny, responsive pleadings.</SUBJECT> <SECTNO>22.131</SECTNO> <SUBJECT>Procedures for mutually exclusive applications.</SUBJECT> <SECTNO>22.132</SECTNO> <SUBJECT>Grant of applications.</SUBJECT> <SECTNO>22.135</SECTNO> <SUBJECT>Settlement conference.</SUBJECT> <SECTNO>22.137</SECTNO> <SUBJECT>Assignment of authorization; transfer of control.</SUBJECT> <SECTNO>22.139</SECTNO> <SUBJECT>Trafficking.</SUBJECT> <SECTNO>22.142</SECTNO> <SUBJECT>Commencement of service; notification requirement.</SUBJECT> <SECTNO>22.143</SECTNO> <SUBJECT>Construction prior to grant of application.</SUBJECT> <SECTNO>22.144</SECTNO> <SUBJECT>Termination of authorizations.</SUBJECT> <SECTNO>22.145</SECTNO> <SUBJECT>Renewal application procedures.</SUBJECT> <SECTNO>22.150</SECTNO> <SUBJECT>Standard pre-filing technical coordination procedure.</SUBJECT> <SECTNO>22.157</SECTNO> <SUBJECT>Distance computation.</SUBJECT> <SECTNO>22.159</SECTNO> <SUBJECT>Computation of average terrain elevation.</SUBJECT> <SECTNO>22.161</SECTNO> <SUBJECT>Application requirements for ASSB.</SUBJECT> <SECTNO>22.163</SECTNO> <SUBJECT>Minor modifications to existing stations.</SUBJECT> <SECTNO>22.165</SECTNO> <SUBJECT>Additional transmitters for existing systems.</SUBJECT> <SECTNO>22.169</SECTNO> <SUBJECT>Internal coordination of channel assignments.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Competitive Bidding Procedures</HD> <SECTNO>22.201</SECTNO> <SUBJECT>Scope of competitive bidding rules.</SUBJECT> <SECTNO>22.203</SECTNO> <SUBJECT>Competitive bidding design for paging licensing.</SUBJECT> <SECTNO>22.205</SECTNO> <SUBJECT>Competitive bidding mechanisms.</SUBJECT> <SECTNO>22.207</SECTNO> <SUBJECT>Withdrawal, default, and disqualification payments.</SUBJECT> <SECTNO>22.209</SECTNO> <SUBJECT>Bidding applications (FCC Form 175 and 175-S short-form).</SUBJECT> <SECTNO>22.211</SECTNO> <SUBJECT>Submission of upfront payments and down payments.</SUBJECT> <SECTNO>22.213</SECTNO> <SUBJECT>Long-form applications (FCC Form 600).</SUBJECT> <SECTNO>22.215</SECTNO> <SUBJECT>Authorization grant, denial, default, and disqualification.</SUBJECT> <SECTNO>22.217</SECTNO> <SUBJECT>Bidding credits for small businesses.<PRTPAGE P="90"/> </SUBJECT> <SECTNO>22.219</SECTNO> <SUBJECT>Installment payments for licenses won by small businesses.</SUBJECT> <SECTNO>22.221</SECTNO> <SUBJECT>Eligibility for partitioned licenses.</SUBJECT> <SECTNO>22.223</SECTNO> <SUBJECT>Definitions concerning competitive bidding process.</SUBJECT> <SECTNO>22.225</SECTNO> <SUBJECT>Certifications, disclosures, records maintenance and audits.</SUBJECT> <SECTNO>22.227</SECTNO> <SUBJECT>Petitions to deny and limitation on settlements.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Operational and Technical Requirements</HD> <SUBJGRP> <HD SOURCE="HED">Operational Requirements</HD> <SECTNO>22.301</SECTNO> <SUBJECT>Station inspection.</SUBJECT> <SECTNO>22.303</SECTNO> <SUBJECT>Retention of station authorizations; identifying transmitters.</SUBJECT> <SECTNO>22.305</SECTNO> <SUBJECT>Operator and maintenance requirements.</SUBJECT> <SECTNO>22.307</SECTNO> <SUBJECT>Operation during emergency.</SUBJECT> <SECTNO>22.313</SECTNO> <SUBJECT>Station identification.</SUBJECT> <SECTNO>22.315</SECTNO> <SUBJECT>Duty to respond to official communications.</SUBJECT> <SECTNO>22.317</SECTNO> <SUBJECT>Discontinuance of station operation.</SUBJECT> <SECTNO>22.321</SECTNO> <SUBJECT>Equal employment opportunities.</SUBJECT> <SECTNO>22.323</SECTNO> <SUBJECT>Incidental communication services.</SUBJECT> <SECTNO>22.325</SECTNO> <SUBJECT>Control points.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Technical Requirements</HD> <SECTNO>22.351</SECTNO> <SUBJECT>Channel assignment policy.</SUBJECT> <SECTNO>22.352</SECTNO> <SUBJECT>Protection from interference.</SUBJECT> <SECTNO>22.353</SECTNO> <SUBJECT>Blanketing interference.</SUBJECT> <SECTNO>22.355</SECTNO> <SUBJECT>Frequency tolerance.</SUBJECT> <SECTNO>22.357</SECTNO> <SUBJECT>Emission types.</SUBJECT> <SECTNO>22.359</SECTNO> <SUBJECT>Emission masks.</SUBJECT> <SECTNO>22.361</SECTNO> <SUBJECT>Standby facilities.</SUBJECT> <SECTNO>22.363</SECTNO> <SUBJECT>Directional antennas.</SUBJECT> <SECTNO>22.365</SECTNO> <SUBJECT>Antenna structures; air navigation safety.</SUBJECT> <SECTNO>22.367</SECTNO> <SUBJECT>Wave polarization.</SUBJECT> <SECTNO>22.369</SECTNO> <SUBJECT>Quiet zones and Arecibo Coordination Zone.</SUBJECT> <SECTNO>22.371</SECTNO> <SUBJECT>Disturbance of AM broadcast station antenna patterns.</SUBJECT> <SECTNO>22.373</SECTNO> <SUBJECT>Access to transmitters.</SUBJECT> <SECTNO>22.377</SECTNO> <SUBJECT>Certification of transmitters.</SUBJECT> <SECTNO>22.379</SECTNO> <SUBJECT>Replacement of equipment.</SUBJECT> <SECTNO>22.381</SECTNO> <SUBJECT>Auxiliary test transmitters.</SUBJECT> <SECTNO>22.383</SECTNO> <SUBJECT>In-building radiation systems.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Developmental Authorizations</HD> <SECTNO>22.401</SECTNO> <SUBJECT>Description and purposes of developmental authorizations.</SUBJECT> <SECTNO>22.403</SECTNO> <SUBJECT>General limitations.</SUBJECT> <SECTNO>22.409</SECTNO> <SUBJECT>Developmental authorization for a new Public Mobile Service or technology.</SUBJECT> <SECTNO>22.411</SECTNO> <SUBJECT>Developmental authorization of 43 MHz paging transmitters.</SUBJECT> <SECTNO>22.413</SECTNO> <SUBJECT>Developmental authorization of 72-76 MHz fixed transmitters.</SUBJECT> <SECTNO>22.415</SECTNO> <SUBJECT>Developmental authorization of 928-960 MHz fixed transmitters.</SUBJECT> <SECTNO>22.417</SECTNO> <SUBJECT>Developmental authorization of meteor burst systems.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Paging and Radiotelephone Service</HD> <SECTNO>22.501</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>22.503</SECTNO> <SUBJECT>Paging geographic area authorizations.</SUBJECT> <SECTNO>22.507</SECTNO> <SUBJECT>Number of transmitters per station.</SUBJECT> <SECTNO>22.509</SECTNO> <SUBJECT>Procedures for mutually exclusive applications in the Paging and Radiotelephone Service.</SUBJECT> <SECTNO>22.511</SECTNO> <SUBJECT>Construction period for the Paging and Radiotelephone Service.</SUBJECT> <SECTNO>22.515</SECTNO> <SUBJECT>Permissible communications paths.</SUBJECT> <SECTNO>22.527</SECTNO> <SUBJECT>Signal boosters.</SUBJECT> <SECTNO>22.529</SECTNO> <SUBJECT>Application requirements for the Paging and Radiotelephone Service.</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Paging Operation</HD> <SECTNO>22.531</SECTNO> <SUBJECT>Channels for paging operation.</SUBJECT> <SECTNO>22.535</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> <SECTNO>22.537</SECTNO> <SUBJECT>Technical channel assignment criteria.</SUBJECT> <SECTNO>22.539</SECTNO> <SUBJECT>Additional channel policies.</SUBJECT> <SECTNO>22.551</SECTNO> <SUBJECT>Nationwide network paging service.</SUBJECT> <SECTNO>22.559</SECTNO> <SUBJECT>Paging application requirements.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">One-way or Two-way Mobile Operation</HD> <SECTNO>22.561</SECTNO> <SUBJECT>Channels for one-way or two-way mobile operation.</SUBJECT> <SECTNO>22.563</SECTNO> <SUBJECT>Provision of rural radiotelephone service upon request.</SUBJECT> <SECTNO>22.565</SECTNO> <SUBJECT>Transmitting power limits.</SUBJECT> <SECTNO>22.567</SECTNO> <SUBJECT>Technical channel assignment criteria.</SUBJECT> <SECTNO>22.569</SECTNO> <SUBJECT>Additional channel policies.</SUBJECT> <SECTNO>22.571</SECTNO> <SUBJECT>Responsibility for mobile stations.</SUBJECT> <SECTNO>22.573</SECTNO> <SUBJECT>Use of base transmitters as repeaters.</SUBJECT> <SECTNO>22.575</SECTNO> <SUBJECT>Use of mobile channel for remote control of station functions.</SUBJECT> <SECTNO>22.577</SECTNO> <SUBJECT>Dispatch service.</SUBJECT> <SECTNO>22.579</SECTNO> <SUBJECT>Operation of mobile transmitters across U.S.-Canada border.</SUBJECT> <SECTNO>22.589</SECTNO> <SUBJECT>One-way or two-way application requirements.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Point-to-Point Operation</HD> <SECTNO>22.591</SECTNO> <SUBJECT>Channels for point-to-point operation.</SUBJECT> <SECTNO>22.593</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> <SECTNO>22.599</SECTNO> <SUBJECT>Assignment of 72-76 MHz channels.</SUBJECT> <SECTNO>22.601</SECTNO> <SUBJECT>Assignment of microwave channels.</SUBJECT> <SECTNO>22.602</SECTNO> <SUBJECT>Transition of the 2110-2130 and 2160-2180 MHz channels to emerging technologies.</SUBJECT> <SECTNO>22.603</SECTNO> <SUBJECT>488-494 MHz fixed service in Hawaii.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Point-to-Multipoint Operation</HD> <SECTNO>22.621</SECTNO> <SUBJECT>Channels for point-to-multipoint operation.</SUBJECT> <SECTNO>22.623</SECTNO> <SUBJECT>System configuration.</SUBJECT> <SECTNO>22.625</SECTNO> <SUBJECT>Transmitter locations.</SUBJECT> <SECTNO>22.627</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">470-512 MHz Trunked Mobile Operation</HD> <SECTNO>22.651</SECTNO> <SUBJECT>470-512 MHz channels for trunked mobile operation.<PRTPAGE P="91"/> </SUBJECT> <SECTNO>22.653</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <SECTNO>22.655</SECTNO> <SUBJECT>Channel usage.</SUBJECT> <SECTNO>22.657</SECTNO> <SUBJECT>Transmitter locations.</SUBJECT> <SECTNO>22.659</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Rural Radiotelephone Service</HD> <SECTNO>22.701</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>22.702</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <SECTNO>22.703</SECTNO> <SUBJECT>Separate rural subscriber station authorization not required.</SUBJECT> <SECTNO>22.705</SECTNO> <SUBJECT>Rural radiotelephone system configuration.</SUBJECT> <SECTNO>22.709</SECTNO> <SUBJECT>Rural radiotelephone service application requirements.</SUBJECT> <SECTNO>22.711</SECTNO> <SUBJECT>Provision of information to applicants.</SUBJECT> <SECTNO>22.713</SECTNO> <SUBJECT>Construction period for rural radiotelephone stations.</SUBJECT> <SECTNO>22.715</SECTNO> <SUBJECT>Technical channel assignment criteria for rural radiotelephone stations.</SUBJECT> <SECTNO>22.717</SECTNO> <SUBJECT>Procedure for mutually exclusive applications in the Rural Radiotelephone Service.</SUBJECT> <SECTNO>22.719</SECTNO> <SUBJECT>Additional channel policy for rural radiotelephone stations.</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Conventional Rural Radiotelephone Stations</HD> <SECTNO>22.721</SECTNO> <SUBJECT>Geographic area authorizations.</SUBJECT> <SECTNO>22.723</SECTNO> <SUBJECT>Secondary site-by-site authorizations.</SUBJECT> <SECTNO>22.725</SECTNO> <SUBJECT>Channels for conventional rural radiotelephone stations.</SUBJECT> <SECTNO>22.727</SECTNO> <SUBJECT>Power limits for conventional rural radiotelephone transmitters.</SUBJECT> <SECTNO>22.729</SECTNO> <SUBJECT>Meteor burst propagation modes.</SUBJECT> <SECTNO>22.731</SECTNO> <SUBJECT>Emission limitations.</SUBJECT> <SECTNO>22.733</SECTNO> <SUBJECT>Priority of service.</SUBJECT> <SECTNO>22.737</SECTNO> <SUBJECT>Temporary fixed stations.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Basic Exchange Telephone Radio Systems</HD> <SECTNO>22.757</SECTNO> <SUBJECT>Channels for basic exchange telephone radio systems.</SUBJECT> <SECTNO>22.759</SECTNO> <SUBJECT>Power limit for BETRS.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Air-Ground Radiotelephone Service</HD> <SECTNO>22.801</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>22.803</SECTNO> <SUBJECT>Air-ground application requirements.</SUBJECT> <SUBJGRP> <HD SOURCE="HED">General Aviation Air-Ground Stations</HD> <SECTNO>22.805</SECTNO> <SUBJECT>Channels for general aviation air-ground service.</SUBJECT> <SECTNO>22.809</SECTNO> <SUBJECT>Transmitting power limits.</SUBJECT> <SECTNO>22.811</SECTNO> <SUBJECT>Idle tone.</SUBJECT> <SECTNO>22.813</SECTNO> <SUBJECT>Technical channel pair assignment criteria.</SUBJECT> <SECTNO>22.815</SECTNO> <SUBJECT>Construction period for general aviation ground stations.</SUBJECT> <SECTNO>22.817</SECTNO> <SUBJECT>Additional channel policies.</SUBJECT> <SECTNO>22.819</SECTNO> <SUBJECT>AGRAS compatibility requirement.</SUBJECT> <SECTNO>22.821</SECTNO> <SUBJECT>Authorization for airborne mobile stations.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Commercial Aviation Air-Ground Systems</HD> <SECTNO>22.857</SECTNO> <SUBJECT>Channel plan for commercial aviation air-ground systems.</SUBJECT> <SECTNO>22.859</SECTNO> <SUBJECT>Geographical channel block layout.</SUBJECT> <SECTNO>22.861</SECTNO> <SUBJECT>Emission limitations.</SUBJECT> <SECTNO>22.863</SECTNO> <SUBJECT>Transmitter frequency tolerance.</SUBJECT> <SECTNO>22.865</SECTNO> <SUBJECT>Automatic channel selection procedures.</SUBJECT> <SECTNO>22.867</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> <SECTNO>22.869</SECTNO> <SUBJECT>Assignment of control channels.</SUBJECT> <SECTNO>22.871</SECTNO> <SUBJECT>Control channel transition period.</SUBJECT> <SECTNO>22.873</SECTNO> <SUBJECT>Construction period for commercial aviation air-ground systems.</SUBJECT> <SECTNO>22.875</SECTNO> <SUBJECT>Commercial aviation air-ground system application requirements.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Cellular Radiotelephone Service</HD> <SECTNO>22.900</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>22.901</SECTNO> <SUBJECT>Cellular service requirements and limitations.</SUBJECT> <SECTNO>22.905</SECTNO> <SUBJECT>Channels for cellular service.</SUBJECT> <SECTNO>22.907</SECTNO> <SUBJECT>Coordination of channel usage.</SUBJECT> <SECTNO>22.909</SECTNO> <SUBJECT>Cellular markets.</SUBJECT> <SECTNO>22.911</SECTNO> <SUBJECT>Cellular geographic service area.</SUBJECT> <SECTNO>22.912</SECTNO> <SUBJECT>Service area boundary extensions.</SUBJECT> <SECTNO>22.913</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> <SECTNO>22.915</SECTNO> <SUBJECT>Modulation requirements.</SUBJECT> <SECTNO>22.917</SECTNO> <SUBJECT>Emission limitations for cellular.</SUBJECT> <SECTNO>22.919</SECTNO> <SUBJECT>Electronic serial numbers.</SUBJECT> <SECTNO>22.923</SECTNO> <SUBJECT>Cellular system configuration.</SUBJECT> <SECTNO>22.925</SECTNO> <SUBJECT>Prohibition on airborne operation of cellular telephones.</SUBJECT> <SECTNO>22.927</SECTNO> <SUBJECT>Responsibility for mobile stations.</SUBJECT> <SECTNO>22.929</SECTNO> <SUBJECT>Application requirements for the Cellular Radiotelephone Service.</SUBJECT> <SECTNO>22.933</SECTNO> <SUBJECT>Cellular system compatibility specification.</SUBJECT> <SECTNO>22.935</SECTNO> <SUBJECT>Procedures for comparative renewal proceedings.</SUBJECT> <SECTNO>22.936</SECTNO> <SUBJECT>Dismissal of applications in cellular renewal proceedings.</SUBJECT> <SECTNO>22.937</SECTNO> <SUBJECT>Demonstration of financial qualifications.</SUBJECT> <SECTNO>22.939</SECTNO> <SUBJECT>Site availability requirements for applications competing with cellular renewal applications.</SUBJECT> <SECTNO>22.940</SECTNO> <SUBJECT>Criteria for comparative cellular renewal proceedings.</SUBJECT> <SECTNO>22.941</SECTNO> <SUBJECT>System identification numbers.</SUBJECT> <SECTNO>22.942</SECTNO> <SUBJECT>Limitations on interests in licensees for both channel blocks in an area.</SUBJECT> <SECTNO>22.943</SECTNO> <SUBJECT>Limitations on assignments and transfers of cellular authorizations.</SUBJECT> <SECTNO>22.944</SECTNO> <SUBJECT>Transfers of interests in applications.</SUBJECT> <SECTNO>22.945</SECTNO> <SUBJECT>Interests in multiple applications.</SUBJECT> <SECTNO>22.946</SECTNO> <SUBJECT>Service commencement and construction periods for cellular systems.</SUBJECT> <SECTNO>22.947</SECTNO> <SUBJECT>Five year build-out period.</SUBJECT> <SECTNO>22.949</SECTNO> <SUBJECT>Unserved area licensing process.</SUBJECT> <SECTNO>22.951</SECTNO> <SUBJECT>Minimum coverage requirement.</SUBJECT> <SECTNO>22.953</SECTNO> <SUBJECT>Content and form of applications.</SUBJECT> <SECTNO>22.955</SECTNO> <SUBJECT>Canadian condition.</SUBJECT> <SECTNO>22.957</SECTNO> <SUBJECT>Mexican condition.</SUBJECT> <SECTNO>22.959</SECTNO> <SUBJECT>Rules governing processing of applications for initial systems.<PRTPAGE P="92"/> </SUBJECT> <SECTNO>22.960</SECTNO> <SUBJECT>Cellular unserved area radiotelephone licenses subject to competitive bidding.</SUBJECT> <SECTNO>22.961</SECTNO> <SUBJECT>Competitive bidding design for cellular unserved area radiotelephone licensing.</SUBJECT> <SECTNO>22.962</SECTNO> <SUBJECT>Competitive bidding mechanisms.</SUBJECT> <SECTNO>22.963</SECTNO> <SUBJECT>Withdrawal, default and disqualification payments.</SUBJECT> <SECTNO>22.964</SECTNO> <SUBJECT>Bidding application (FCC Form 175).</SUBJECT> <SECTNO>22.965</SECTNO> <SUBJECT>Submission of upfront payments and down payments.</SUBJECT> <SECTNO>22.966</SECTNO> <SUBJECT>Long-form applications.</SUBJECT> <SECTNO>22.967</SECTNO> <SUBJECT>License grant, denial, default, and disqualification.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Offshore Radiotelephone Service</HD> <SECTNO>22.1001</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>22.1003</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <SECTNO>22.1005</SECTNO> <SUBJECT>Priority of service.</SUBJECT> <SECTNO>22.1007</SECTNO> <SUBJECT>Channels for offshore radiotelephone systems.</SUBJECT> <SECTNO>22.1009</SECTNO> <SUBJECT>Transmitter locations.</SUBJECT> <SECTNO>22.1011</SECTNO> <SUBJECT>Antenna height limitations.</SUBJECT> <SECTNO>22.1013</SECTNO> <SUBJECT>Effective radiated power limitations.</SUBJECT> <SECTNO>22.1015</SECTNO> <SUBJECT>Repeater operation.</SUBJECT> <SECTNO>22.1025</SECTNO> <SUBJECT>Permissible communications.</SUBJECT> <SECTNO>22.1031</SECTNO> <SUBJECT>Temporary fixed stations.</SUBJECT> <SECTNO>22.1035</SECTNO> <SUBJECT>Construction period.</SUBJECT> <SECTNO>22.1037</SECTNO> <SUBJECT>Application requirements for offshore stations.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 47 U.S.C. 154, 222, 303, 309 and 332. </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 59 FR 59507, Nov. 17, 1994, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Scope and Authority</HD> <SECTION> <SECTNO>§ 22.1</SECTNO> <SUBJECT>Basis and purpose.</SUBJECT> 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) <E T="03">Basis.</E> These rules are issued pursuant to the Communications Act of 1934, as amended, 47 U.S.C. 151 <E T="03">et. seq.</E> (b) <E T="03">Purpose.</E> 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. </SECTION> <SECTION> <SECTNO>§ 22.3</SECTNO> <SUBJECT>Authorization required.</SUBJECT> 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 § 22.821. (2) Individual authorizations are required to operate rural subscriber stations in the Rural Radiotelephone Service, except as provided in § 22.703. </SECTION> <SECTION> <SECTNO>§ 22.5</SECTNO> <SUBJECT>Citizenship.</SUBJECT> The rules in this section implement section 310 of the Communications Act of 1934, as amended (47 U.S.C. § 310), in regard to the citizenship of licensees in the Public Mobile Services. (a) <E T="03">Foreign governments.</E> The FCC will not grant an authorization in the Public Mobile Services to any foreign government or any representative thereof. (b) <E T="03">Alien ownership or control.</E> 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, <PRTPAGE P="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. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 55580, Oct. 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.7</SECTNO> <SUBJECT>General eligibility.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.99</SECTNO> <SUBJECT>Definitions.</SUBJECT> Terms used in this part have the following meanings: <E T="03">Air-Ground Radiotelephone Service.</E> A radio service in which common carriers are authorized to offer and provide radio telecommunications service for hire to subscribers in aircraft. <E T="03">Airborne station.</E> A mobile station in the Air-Ground Radiotelephone Service authorized for use on aircraft while in flight or on the ground. <E T="03">Antenna structure.</E> 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). <E T="03">Antenna.</E> 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. <E T="03">Archival quality microfiche.</E> A silver halide master microfiche or a copy made on silver halide film. <E T="03">Assignment of authorization.</E> 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. <E T="03">Authorization.</E> 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. <E T="03">Authorized bandwidth.</E> The necessary or occupied bandwidth of an emission, whichever is more. <E T="03">Authorized spectrum.</E> 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. <E T="03">Auxiliary test transmitter.</E> A fixed transmitter used to test Public Mobile systems. <E T="03">Base transmitter.</E> A stationary transmitter that provides radio telecommunications service to mobile and/or fixed receivers, including those associated with mobile stations. <E T="03">Blanketing interference.</E> 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. <E T="03">Build-out transmitters.</E> 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. <E T="03">Cardinal radials.</E> Eight imaginary straight lines extending radially on the ground from an antenna location in the following azimuths with respect to true North: 0°, 45°, 90°, 135°, 180°, 225°, 270°, 315°. <E T="03">Carrier frequency.</E> The frequency of the unmodulated electrical wave at the output of an amplitude modulated (AM), frequency modulated (FM) or phase modulated (PM) transmitter. <E T="03">Cell</E>. The service area of an individual transmitter location in a cellular system. <E T="03">Cellular Geographic Service Area.</E> 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 <PRTPAGE P="94"/>determining whether a petitioner has standing. See § 22.911. <E T="03">Cellular markets.</E> Standard geographic areas used by the FCC for administrative convenience in the licensing of cellular systems. See § 22.909. <E T="03">Cellular Radiotelephone Service.</E> 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. <E T="03">Cellular repeater.</E> 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. <E T="03">Cellular service.</E> Radio telecommunication services provided using a cellular system. <E T="03">Cellular system.</E> 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. <E T="03">Center frequency.</E> The frequency of the middle of the bandwidth of a channel. <E T="03">Central office transmitter.</E> A fixed transmitter in the Rural Radiotelephone Service that provides service to rural subscriber stations. <E T="03">CGSA.</E> See <E T="03">Cellular Geographic Service Area.</E> <E T="03">Channel.</E> 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, § 22.161. <E T="03">Channel bandwidth.</E> The spectral width of a channel, as specified in this part, within which 99% of the emission power must be contained. <E T="03">Channel block.</E> A group of channels that are assigned together, not individually. <E T="03">Channel pair.</E> Two channels that are assigned together, not individually. In this part, channel pairs are indicated by an ellipsis between the center frequencies. <E T="03">Communications channel.</E> In the Cellular Radiotelephone and Air-ground Radiotelephone Services, a channel used to carry subscriber communications. <E T="03">Construction period.</E> The period between the date of grant of an authorization and the date of required commencement of service. <E T="03">Control channel.</E> 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. <E T="03">Control point.</E> A location where the operation of a public mobile station is supervised and controlled by the licensee of that station. <E T="03">Control transmitter.</E> 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. <E T="03">Dead spots.</E> 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. <E T="03">Dispatch service.</E> 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. <E T="03">Effective radiated power (ERP).</E> 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 <PRTPAGE P="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. <E T="03">Emission.</E> The electromagnetic energy radiated from an antenna. <E T="03">Emission designator.</E> An internationally accepted symbol for describing an emission in terms of its bandwidth and the characteristics of its modulation, if any. See § 2.201 of this chapter for details. <E T="03">Emission mask.</E> 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. <E T="03">Equivalent isotropically radiated power (EIRP).</E> 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. <E T="03">Extension.</E> In the Cellular Radiotelephone Service, an area within the service area boundary of a cellular system, but outside of the market boundary. See §§ 22.911(c) and 22.912. <E T="03">Facsimile service.</E> Transmission of still images from one place to another by means of radio. <E T="03">Fill-in transmitters.</E> 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. <E T="03">Five year build-out period.</E> 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 § 22.947. <E T="03">Fixed transmitter.</E> A stationary transmitter that communicates with other stationary transmitters. <E T="03">Frequency.</E> The number of cycles occurring per second of an electrical or electromagnetic wave; a number representing a specific point in the electromagnetic spectrum. <E T="03">Ground station.</E> In the Air-ground Radiotelephone Service, a stationary transmitter that provides service to airborne mobile stations. <E T="03">Height above average terrain (HAAT).</E> The height of an antenna above the average elevation of the surrounding area. <E T="03">In-building radiation systems.</E> 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. <E T="03">Initial cellular applications.</E> Applications for authority to construct and operate a new cellular system, excluding applications for interim operating authority. <E T="03">Interfering contour.</E> 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. <E T="03">Interoffice transmitter.</E> A fixed transmitter in the Rural Radiotelephone Service that communicates with other interoffice transmitters for the purpose of interconnecting rural central offices. <E T="03">Meteor burst propagation mode.</E> A long distance VHF radio communication path occurring as a result of the refraction of electromagnetic waves by ionized meteor trails. <E T="03">Mobile station.</E> One or more transmitters that are capable of operation while in motion. <E T="03">Necessary bandwidth.</E> 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 <PRTPAGE P="96"/>to be the minimum necessary to convey information at the desired rate with the desired accuracy. <E T="03">Occupied bandwidth.</E> 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. <E T="03">Offshore central transmitter.</E> A fixed transmitter in the Offshore Radiotelephone Service that provides service to offshore subscriber stations. <E T="03">Offshore Radiotelephone Service.</E> 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. <E T="03">Offshore subscriber station.</E> One or more fixed and/or mobile transmitters in the Offshore Radiotelephone Service that receive service from offshore central transmitters. <E T="03">Pager.</E> 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. <E T="03">Paging geographic area authorization.</E> 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. <E T="03">Paging geographic areas.</E> 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. <E T="03">See</E> § 22.503(b). <E T="03">Paging and Radiotelephone Service.</E> 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. <E T="03">Paging service.</E> Transmission of coded radio signals for the purpose of activating specific pagers; such transmissions may include messages and/or sounds. <E T="03">Partitioned cellular market.</E> 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 § 22.947(b). <E T="03">Public Mobile Services.</E> Radio services in which common carriers are authorized to offer and provide mobile and related fixed radio telecommunication services for hire to the public. <E T="03">Radio common carrier.</E> A telecommunications common carrier that provides radio communications services but is not engaged in the business of providing landline local exchange telephone service. <E T="03">Radio telecommunication services.</E> Communication services provided by the use of radio, including radiotelephone, radiotelegraph, paging and facsimile service. <E T="03">Radiotelegraph service.</E> Transmission of messages from one place to another by means of radio. <E T="03">Radiotelephone service.</E> Transmission of sound from one place to another by means of radio. <E T="03">Repeater.</E> A fixed transmitter that retransmits the signals of other stations. <E T="03">Roamer.</E> A mobile station receiving service from a station or system in the Public Mobile Services other than one to which it is a subscriber. <E T="03">Rural Radiotelephone Service.</E> 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.<PRTPAGE P="97"/> <E T="03">Rural subscriber station.</E> One or more fixed transmitters in the Rural Radiotelephone Service that receive service from central office transmitters. <E T="03">Service area.</E> The geographic area considered by the FCC to be reliably served by a station in the Public Mobile Services. <E T="03">Service contour.</E> 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. <E T="03">Service to subscribers.</E> Service to at least one subscriber that is not affiliated with, controlled by or related to the providing carrier. <E T="03">Signal booster.</E> 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. <E T="03">Station.</E> A station equipped to engage in radio communication or radio transmission of energy (47 U.S.C. 153(k)). <E T="03">Telecommunications common carrier.</E> An individual, partnership, association, joint-stock company, trust or corporation engaged in rendering radio telecommunications services to the general public for hire. <E T="03">Temporary fixed station.</E> One or more fixed transmitters that normally do not remain at any particular location for longer than 6 months. <E T="03">Transfer of control.</E> A transfer of the controlling interest in a Public Mobile Services licensee from one party to another. <E T="03">Unserved areas.</E> 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. <E T="03">Wireline common carrier.</E> A telecommunications common carrier that is also engaged in the business of providing landline local exchange telephone service. <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 63 FR 36603, July 7, 1998, § 22.99 was amended in the definition of <E T="03">emission mask</E> by removing the term “type acceptance” and replacing it with “certification”, effective Oct. 5, 1998. </EFFDNOT> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Licensing Requirements and Procedures</HD> <SUBJGRP> <HD SOURCE="HED">Applications and Notifications</HD> <SECTION> <SECTNO>§ 22.101</SECTNO> <SUBJECT>Station files.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.103</SECTNO> <SUBJECT>Representations.</SUBJECT> Applicants must make full and continuing disclosure as required by § 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. </SECTION> <SECTION> <SECTNO>§ 22.105</SECTNO> <SUBJECT>Written applications, standard forms, microfiche, magnetic disks.</SUBJECT> 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 <PRTPAGE P="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. <GPOTABLE CDEF="s50,6,r50" COLS="3" OPTS="L2,i1"> <TTITLE>Table B-1.—Standard Forms for the Public Mobile Services</TTITLE> <BOXHD> <CHED H="1">Purpose of filing</CHED> <CHED H="1">Form No.</CHED> <CHED H="1">Title of form</CHED> </BOXHD> <ROW> <ENT I="01">Application for renewal of authorization</ENT> <ENT>405</ENT> <ENT>Application for Renewal of Station License.</ENT> </ROW> <ROW> <ENT I="01">Application for airborne mobile authorization</ENT> <ENT>409</ENT> <ENT>Application for Airborne Mobile Radiotelephone Authorization.</ENT> </ROW> <ROW> <ENT I="01">Application for assignment of authorization</ENT> <ENT>430</ENT> <ENT>Licensee Qualification Report.</ENT> </ROW> <ROW> <ENT I="01">Transmittal for Phase I cellular application</ENT> <ENT>464</ENT> <ENT>Transmittal Sheet for Cellular Applications for Unserved Areas.</ENT> </ROW> <ROW> <ENT I="01">Transmittal for Phase II cellular application</ENT> <ENT>464-A</ENT> <ENT>Transmittal Sheet for Phase 2 Cellular Applications for Unserved Areas.</ENT> </ROW> <ROW> <ENT I="01">Notification of completion of construction <LI>Notification of minor modification of station</LI> </ENT> <ENT>489</ENT> <ENT>Notification of Commencement of Service or of Additional or Modified Facilities.</ENT> </ROW> <ROW> <ENT I="01">Application for assignment of authorization <LI>Application for consent to transfer of control </LI> </ENT> <ENT>490</ENT> <ENT>Application for Assignment of Authorization or Consent to Transfer of Control of Licensee.</ENT> </ROW> <ROW> <ENT I="01">Application for new or modified station <LI>Major amendment to pending application </LI> <LI>Application for partial assignment of authorization</LI> </ENT> <ENT>600</ENT> <ENT>Application for Mobile Radio Service Authorization.</ENT> </ROW> </GPOTABLE> (a) <E T="03">Formal applications, amendments and notifications.</E> 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) <E T="03">Informal applications, amendments and notifications.</E> 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) <E T="03">Standard forms.</E> 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) <E T="03">Microfiche required.</E> 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 § 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× or 27× 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<FR>1/2</FR>″ 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 <PRTPAGE P="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 § 1.45 of this chapter. (e) <E T="03">Paper original required.</E> 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 § 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 § 1.51 of this chapter. (f) <E T="03">Correspondence.</E> 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) <E T="03">Magnetic disks.</E> 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<FR>1/4</FR>;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> <HD SOURCE="HED">Note:</HD> Paragraph (g) of § 22.105 is not effective until further notice. </NOTE> <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 61 FR 54098, Oct. 17, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 59 FR 59507, Nov. 17, 1994, § 22.105 was revised effective January 1, 1995, except for paragraph (g). A document will be published in the <E T="04">Federal Register</E> announcing the effective date of that paragraph. </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 22.106</SECTNO> <SUBJECT>Filing fees; place.</SUBJECT> 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 (§ 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. </SECTION> <SECTION> <SECTNO>§ 22.107</SECTNO> <SUBJECT>General application requirements.</SUBJECT> 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;<PRTPAGE P="100"/> (e) Be amended as necessary to remain substantially accurate and complete in all significant respects, in accordance with the provisions of § 1.65 of this chapter; and, (f) Be signed in accordance with § 1.743 of this chapter. </SECTION> <SECTION> <SECTNO>§ 22.108</SECTNO> <SUBJECT>Parties to applications.</SUBJECT> 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 § 22.953(a)(5)(v). </SECTION> <SECTION> <SECTNO>§ 22.115</SECTNO> <SUBJECT>Content of applications.</SUBJECT> Applications must contain all applicable information requested on the standard form and any additional information required by the rules in this part. (a) <E T="03">Site-specific requirements.</E> The following requirements apply to all Public Mobile Service applications that involve specific transmitting antenna sites: (1) <E T="03">Site availability.</E> 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) <E T="03">Antenna structure registration.</E> 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) <E T="03">FAA notification.</E> 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 <PRTPAGE P="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) <E T="03">Antenna locations.</E> 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. <EXTRACT> <E T="04">Note</E> to paragraph (a)(4) of § 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). </EXTRACT> (5) <E T="03">Environmental concerns.</E> 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 § 1.1307 of this chapter. If answered affirmatively, an Environmental Assessment, required by § 1.1311 of this chapter, must be filed with the application and environmental review by the FCC must be completed prior to construction. (b) <E T="03">Reference to material on file.</E> 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<FR>1/2</FR>;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) <E T="03">Service specific requirements.</E> Applications for authorization in the Cellular Radiotelephone Service must contain specific information as required by § 22.929 and § 22.953. Applications for authorization in the Paging and Radiotelephone Service must contain specific information as required by § 22.529, § 22.559 and § 22.589. Applications for authorization in the Rural Radiotelephone Service must contain the information required by § 22.709. Applications for authorization in the Offshore Radio Service must contain the information required by § 22.1037. Applications for authorization in the Air-Ground Radiotelephone Service must contain specific information as required by § 22.803 and § 22.875, as appropriate. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.117</SECTNO> <SUBJECT>Content of notifications.</SUBJECT> Notifications must contain all applicable information requested on the standard form and any additional information required by the rules in this part. See §§ 22.124, 22.137, 22.142, 22.163, 22.165, 22.941, and 22.946. </SECTION> <SECTION> <SECTNO>§ 22.119</SECTNO> <SUBJECT>Requests for rule waivers.</SUBJECT> 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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 22.120</SECTNO> <SUBJECT>Application processing; initial procedures.</SUBJECT> This section contains rules governing the initial processing of applications for authority to operate a station in the Public Mobile Services. (a) <E T="03">File numbers.</E> 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) <E T="03">Received date.</E> 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) <E T="03">Initial review for completeness (prescreening).</E> 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) <E T="03">Public notice; acceptance for filing.</E> 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 § 22.128. </SECTION> <SECTION> <SECTNO>§ 22.121</SECTNO> <SUBJECT>Repetitious, inconsistent or conflicting applications.</SUBJECT> 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 <PRTPAGE P="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 § 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. <CITA>[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.122</SECTNO> <SUBJECT>Amendment of applications.</SUBJECT> 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 § 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 § 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. </SECTION> <SECTION> <SECTNO>§ 22.123</SECTNO> <SUBJECT>Classification of filings as major or minor.</SUBJECT> 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) <E T="03">Ownership or control change.</E> Filings are major if they specify a substantial change in beneficial ownership or control (<E T="03">de jure</E> or <E T="03">de facto</E>), 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) <E T="03">Developmental.</E> Applications are major if they request a developmental authorization pursuant to § 22.409, or a regular authorization for facilities operating under a developmental authorization. (c) <E T="03">Renewal.</E> Applications of renewal of authorizations are major. (d) <E T="03">Environmental.</E> Filings are major if they request authorization for a facility that would have a significant environmental effect, as defined by §§ 1.1301 through 1.1319 of this chapter. (e) <E T="03">Paging and Radiotelephone Service.</E> 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 <PRTPAGE P="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 (<E T="03">see</E> § 22.150) to change the technical proposal substantially from that which was coordinated with other users. (f) <E T="03">Rural Radiotelephone Service.</E> 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) <E T="03">Cellular Radiotelephone Service.</E> 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 <E T="03">de minimis</E> service area boundary extension (see § 22.911(c)(1)); (4) Request that a CGSA boundary or a portion of a CGSA boundary be determined using an alternative method (see § 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) <E T="03">Air-ground Radiotelephone.</E> 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 § 22.859;<PRTPAGE P="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) <E T="03">Offshore Radiotelephone.</E> 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) <E T="03">Clerical errors.</E> 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. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11629, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.124</SECTNO> <SUBJECT>Notification processing.</SUBJECT> This section contains rules governing the processing of notifications (filed on FCC Form 489) in the Public Mobile Services. (a) <E T="03">File numbers.</E> 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) <E T="03">Defective notifications.</E> 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) <E T="03">Review.</E> 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. </SECTION> <SECTION> <SECTNO>§ 22.125</SECTNO> <SUBJECT>Application for special temporary authorizations.</SUBJECT> 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 § 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) <E T="03">Grant without Public Notice.</E> 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;<PRTPAGE P="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) <E T="03">Limit on STA term.</E> The FCC may grant STAs valid for a period not to exceed 180 days under the provisions of § 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. </SECTION> <SECTION> <SECTNO>§ 22.127</SECTNO> <SUBJECT>Public notices.</SUBJECT> Periodically, the FCC issues Public Notices listing major filings and other information of public significance. Categories of Public Notice listings are as follows: (a) <E T="03">Accepted for filing.</E> Acceptance for filing of applications and major amendments thereto. (b) <E T="03">Actions.</E> FCC actions on pending applications previously listed as accepted for filing. (c) <E T="03">Informative listings.</E> 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. </SECTION> <SECTION> <SECTNO>§ 22.128</SECTNO> <SUBJECT>Dismissal of applications.</SUBJECT> 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) <E T="03">Dismissal at request of applicant.</E> 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 § 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) <E T="03">Dismissal of mutually exclusive applications not granted.</E> The FCC may dismiss mutually exclusive applications: (1) For which the applicant did not submit the winning bid in a competitive bidding process;<PRTPAGE P="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) <E T="03">Dismissal for failure to prosecute.</E> 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 § 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) <E T="03">Dismissal as defective.</E> 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) <E T="03">Dismissal because spectrum not available.</E> 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) <E T="03">Dismissal as untimely.</E> 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. </SECTION> <SECTION> <SECTNO>§ 22.129</SECTNO> <SUBJECT>Agreements to dismiss applications, amendments or pleadings.</SUBJECT> 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 <PRTPAGE P="108"/>does not apply to dismissal or withdrawal of applications pursuant to <E T="03">bona fide</E> 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 § 1.2105(c) of this chapter. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11629, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.130</SECTNO> <SUBJECT>Petitions to deny, responsive pleadings.</SUBJECT> 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) <E T="03">Content and requirements.</E> Petitions to deny and responsive pleadings must: (1) Clearly identify the pertinent major filing(s); (2) Comply with all applicable requirements of § 1.41 through § 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, <PRTPAGE P="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) <E T="03">Expansion</E>. 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) <E T="03">Dismissal</E>. 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 § 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. </SECTION> <SECTION> <SECTNO>§ 22.131</SECTNO> <SUBJECT>Procedures for mutually exclusive applications.</SUBJECT> 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 §§ 22.509, 22.717, and 22.949) and in part 1 of this chapter. (a) <E T="03">Separate applications.</E> 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) <E T="03">Filing groups.</E> 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 § 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) <E T="03">Renewal filing group.</E> A renewal filing group comprises a timely-filed application for renewal of an authorization and all timely-filed mutually exclusive competing applications (see § 22.145). (2) <E T="03">Same-day filing group.</E> 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) <E T="03">Thirty-day notice and cut-off filing group.</E> 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) <E T="03">Window filing group.</E> 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) <E T="03">Procedures.</E> 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 <PRTPAGE P="110"/>excluded by that grant, pursuant to § 22.128. (1) <E T="03">Selection methods.</E> 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) <E T="03">Dismissal of applications.</E> The Commission may dismiss any application in a filing group that is defective or otherwise subject to dismissal under § 22.128, either before or after employing selection procedures. (3) <E T="03">Type of filing group used.</E> 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 § 22.949). (4) <E T="03">Disposition.</E> 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) <E T="03">Applications in a renewal filing group.</E> All mutually exclusive applications in a renewal filing group are designated for comparative consideration in a hearing. (ii) <E T="03">Applications in a 30-day notice and cut-off filing group.</E> (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 § 22.201 through § 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) <E T="03">Applications in a same-day filing group.</E> 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) <E T="03">Applications in a window filing group.</E> 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) <E T="03">Terminology.</E> For the purposes of this section, terms have the following meanings: (1) The <E T="03">filing date</E> 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;<PRTPAGE P="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 <E T="03">application for initial authorization</E> 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 § 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 <E T="03">application for modification</E> is any application other than an application for initial authorization or renewal. <CITA>[59 FR 59954, Nov. 21, 1994, as amended at 62 FR 11629, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.132</SECTNO> <SUBJECT>Grant of applications.</SUBJECT> 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) <E T="03">Criteria for grants</E>. 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) <E T="03">Grant of petitioned applications</E>. 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 § 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) <E T="03">Partial and conditional grants</E>. 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) <E T="03">Designation for hearing</E>. 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. </SECTION> <SECTION> <PRTPAGE P="112"/> <SECTNO>§ 22.135</SECTNO> <SUBJECT>Settlement conference.</SUBJECT> 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 § 22.128(c) or § 22.130(c). </SECTION> <SECTION> <SECTNO>§ 22.137</SECTNO> <SUBJECT>Assignment of authorization; transfer of control.</SUBJECT> 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) <E T="03">Application required.</E> 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) <E T="03">Forbearance from pro forma assignments and transfers of control</E>. Licensees that are telecommunications carriers as defined in 47 U.S.C. 153 are subject to streamlined procedures for <E T="03">pro forma</E>, <E T="03">i.e.</E>, non-substantial, transfers and assignments. (2) A <E T="03">pro forma</E> 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) <E T="03">Notification of completion</E>. 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) <E T="03">Partial assignment of authorization.</E> 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.<PRTPAGE P="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) <E T="03">Limitations.</E> 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 § 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 <E T="03">pro forma</E> assignments during the first year of operation. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 63 FR 10344, Mar. 3, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.139</SECTNO> <SUBJECT>Trafficking.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.142</SECTNO> <SUBJECT>Commencement of service; notification requirement.</SUBJECT> 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 § 21.144. Additional requirements for construction of facilities apply to cellular systems (see § 22.946) and commercial aviation air-ground systems (see § 22.873). (a) <E T="03">Construction period.</E> 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 <PRTPAGE P="114"/>subparts of this part governing each Public Mobile Service. (b) <E T="03">Notification requirement.</E> 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 § 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 §§ 22.163 and 22.165. It applies only to facilities specifically listed in authorizations for which a construction period is provided. (c) <E T="03">Requests for extension.</E> 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) <E T="03">Automatic extension for relocation.</E> 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. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.143</SECTNO> <SUBJECT>Construction prior to grant of application.</SUBJECT> 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) <E T="03">When applicants may begin construction.</E> 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) <E T="03">Notification to stop.</E> 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 <PRTPAGE P="115"/>has begun, must stop construction immediately. (c) <E T="03">Assumption of risk.</E> 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) <E T="03">Conditions.</E> 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 § 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 §§ 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. </SECTION> <SECTION> <SECTNO>§ 22.144</SECTNO> <SUBJECT>Termination of authorizations.</SUBJECT> 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) <E T="03">Expiration.</E> Authorizations automatically terminate, without specific FCC action, on the expiration date specified therein, unless a timely application for renewal is filed (see § 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) <E T="03">Failure to commence providing service to subscribers.</E> 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 § 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 § 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) <E T="03">Service discontinued.</E> Authorizations automatically terminate, without specific FCC action, if service is permanently discontinued as provided in § 22.317. (d) <E T="03">STAs.</E> 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 § 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.<PRTPAGE P="116"/> (e) <E T="03">Cancellation.</E> Authorizations submitted by licensees for cancellation terminate when the FCC gives Public Notice of such action. </SECTION> <SECTION> <SECTNO>§ 22.145</SECTNO> <SUBJECT>Renewal application procedures.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.150</SECTNO> <SUBJECT>Standard pre-filing technical coordination procedure.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.157</SECTNO> <SUBJECT>Distance computation.</SUBJECT> The method given in this section must be used to compute the distance <PRTPAGE P="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. <MATH DEEP="59" SPAN="1"> <MID>ER17NO94.000</MID> </MATH> (b) Calculate the mean geodetic latitude between the two reference points by averaging the two latitudes: <MATH DEEP="26" SPAN="1"> <MID>ER17NO94.001</MID> </MATH> (c) Calculate the number of kilometers per degree latitude difference for the mean geodetic latitude calculated in paragraph (b) of this section as follows: <MATH DEEP="31" SPAN="1"> <MID>ER17NO94.002</MID> </MATH> (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: <MATH DEEP="49" SPAN="1"> <MID>ER17NO94.003</MID> </MATH> (e) Calculate the North-South distance in kilometers as follows: <MATH DEEP="13" SPAN="1"> <MID>ER17NO94.004</MID> </MATH> (f) Calculate the East-West distance in kilometers as follows: <MATH DEEP="13" SPAN="1"> <MID>ER17NO94.005</MID> </MATH> (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: <MATH DEEP="17" SPAN="1"> <MID>ER17NO94.006</MID> </MATH> (h) Terms used in this section are defined as follows: (1) LAT1<E T="52">dd</E> and LON1<E T="52">dd</E> are the coordinates of the first location in degree-decimal format. (2) LAT2<E T="52">dd</E> and LON2<E T="52">dd</E> are the coordinates of the second location in degree-decimal format. (3) ML is the mean geodetic latitude in degree-decimal format. (4) KPD<E T="52">lat</E> is the number of kilometers per degree of latitude at a given mean geodetic latitude. (5) KPD<E T="52">lon</E> 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. </SECTION> <SECTION> <SECTNO>§ 22.159</SECTNO> <SUBJECT>Computation of average terrain elevation.</SUBJECT> 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 <PRTPAGE P="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). </SECTION> <SECTION> <SECTNO>§ 22.161</SECTNO> <SUBJECT>Application requirements for ASSB.</SUBJECT> 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 § 22.567. </SECTION> <SECTION> <SECTNO>§ 22.163</SECTNO> <SUBJECT>Minor modifications to existing stations.</SUBJECT> Licensees may make modifications to existing stations without obtaining prior Commission approval provided: (a) <E T="03">Classification as minor</E>. 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 § 22.123. (b) <E T="03">International coordination</E>. 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) <E T="03">Antenna structure clearance required</E>. For any construction or alteration that would exceed the requirements of § 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) <E T="03">Provision of information upon request</E>. 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 § 22.303. (e) <E T="03">Notification required for modifications affecting CGSA</E>. 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 § 22.953(a)(5) (i) through (iii). If the modification involves a contract service area boundary (SAB) extension (see § 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 § 22.106) <PRTPAGE P="119"/>no later than 15 days after the modification is made. </SECTION> <SECTION> <SECTNO>§ 22.165</SECTNO> <SUBJECT>Additional transmitters for existing systems.</SUBJECT> 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) <E T="03">International coordination</E>. 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) <E T="03">Antenna structure clearance required</E>. For any construction or alteration that would exceed the requirements of § 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) <E T="03">Environmental</E>. The additional transmitters must not have a significant environmental effect as defined by §§ 1.1301 through 1.1319 of this chapter. (d) <E T="03">Paging and Radiotelephone Service</E>. 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 § 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) <E T="03">Cellular Radiotelephone Service.</E> During the five year build-out period, the service area boundaries of the additional transmitters, as calculated by the method set forth in § 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 § 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 § 22.953(a)(5) (i) through (iii). If the addition of transmitters involves a contract service area boundary (SAB) extension (see § 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 § 22.106) no later than 15 days after the addition is made. (f) <E T="03">Air-ground Radiotelephone Service.</E> Ground stations may be added to Commercial Aviation air-ground systems at previously established ground station locations, pursuant to § 22.859, subject to compliance with the applicable technical rules. This section does not apply to General Aviation air-ground stations. (g) <E T="03">Rural Radiotelephone Service.</E> 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.<PRTPAGE P="120"/> (h) <E T="03">Offshore Radiotelephone Service.</E> This section does not apply to stations in the Offshore Radiotelephone Service. (i) <E T="03">Provision of information upon request.</E> 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 § 22.303. <CITA>[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994; as amended at 62 FR 11629, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.169</SECTNO> <SUBJECT>International coordination of channel assignments.</SUBJECT> 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. </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Competitive Bidding Procedures</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> 62 FR 11629, Mar. 12, 1997, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 22.201</SECTNO> <SUBJECT>Scope of competitive bidding rules.</SUBJECT> 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]. </SECTION> <SECTION> <SECTNO>§ 22.203</SECTNO> <SUBJECT>Competitive bidding design for paging licensing.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.205</SECTNO> <SUBJECT>Competitive bidding mechanisms.</SUBJECT> (a) <E T="03">Sequencing.</E> The FCC will establish and may vary the sequence in which paging geographic area authorizations are auctioned. (b) <E T="03">Grouping.</E> The FCC will determine which licenses will be auctioned simultaneously or in combination based on interdependency and administrative circumstances. (c) <E T="03">Minimum Bid Increments.</E> The FCC may, by public announcement before or during an auction, require minimum bid increments in dollar or percentage terms. (d) <E T="03">Stopping Rules.</E> The FCC may establish stopping rules before or during an auction in order to terminate the auction within a reasonable time. (e) <E T="03">Activity Rules.</E> 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. </SECTION> <SECTION> <SECTNO>§ 22.207</SECTNO> <SUBJECT>Withdrawal, default, and disqualification payments.</SUBJECT> 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 §§ 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. </SECTION> <SECTION> <SECTNO>§ 22.209</SECTNO> <SUBJECT>Bidding applications (FCC Form 175 and 175-S Short-form).</SUBJECT> 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 § 1.2105 of this chapter. </SECTION> <SECTION> <PRTPAGE P="121"/> <SECTNO>§ 22.211</SECTNO> <SUBJECT>Submission of upfront payments and down payments.</SUBJECT> (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 § 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. </SECTION> <SECTION> <SECTNO>§ 22.213</SECTNO> <SUBJECT>Long-form applications (FCC Form 600).</SUBJECT> 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 § 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 § 22.221. </SECTION> <SECTION> <SECTNO>§ 22.215</SECTNO> <SUBJECT>Authorization grant, denial, default, and disqualification.</SUBJECT> (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 § 22.207, § 1.2104(g), or § 1.2109 of this chapter, as applicable. </SECTION> <SECTION> <SECTNO>§ 22.217</SECTNO> <SUBJECT>Bidding credits for small businesses.</SUBJECT> (a) A winning bidder that qualifies as a small business or a consortium of small businesses as defined in § 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 § 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 § 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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 22.219</SECTNO> <SUBJECT>Installment payments for licenses won by small businesses.</SUBJECT> (a) Each licensee that qualifies as a small business under § 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. </SECTION> <SECTION> <SECTNO>§ 22.221</SECTNO> <SUBJECT>Eligibility for partitioned licenses.</SUBJECT> 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 (<E T="03">see</E> 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 § 22.137. </SECTION> <SECTION> <SECTNO>§ 22.223</SECTNO> <SUBJECT>Definitions concerning competitive bidding process.</SUBJECT> (a) <E T="03">Scope.</E> The definitions in this section apply to §§ 22.201 through 22.227, unless otherwise specified in those sections. (b) <E T="03">Small business; consortium of small businesses.</E> (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<PRTPAGE P="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) <E T="03">Gross Revenues.</E> 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 T="03">e.g.,</E> 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) <E T="03">Affiliate.</E>—(1) <E T="03">Basis for Affiliation.</E> 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) <E T="03">Nature of control in determining affiliation.</E> (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. <E T="03">Example for paragraph (d)(2)(i).</E> 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. <E T="03">Example for paragraph (d)(2)(iii).</E> 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 <PRTPAGE P="124"/>other entity are controlling principals of the applicant, the other entity will be deemed an affiliate of the applicant. (3) <E T="03">Identity of interest between and among persons.</E> 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) <E T="03">Spousal affiliation.</E> 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) <E T="03">Kinship affiliation.</E> 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. <E T="03">Example for paragraph (d)(3)(ii).</E> 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) <E T="03">Affiliation through stock ownership.</E> (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) <E T="03">Affiliation arising under stock options, convertible debentures, and agreements to merge.</E> 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. <E T="03">Example 1 for paragraph (d)(5).</E> 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. <E T="03">Example 2 for paragraph (d)(5).</E> 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 <PRTPAGE P="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. <E T="03">Example 3 for paragraph (d)(5).</E> 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) <E T="03">Affiliation under voting trusts.</E> (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) <E T="03">Affiliation through common management.</E> 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) <E T="03">Affiliation through common facilities.</E> 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) <E T="03">Affiliation through contractual relationships.</E> 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) <E T="03">Affiliation under joint venture arrangements.</E> (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. </SECTION> <SECTION> <SECTNO>§ 22.225</SECTNO> <SUBJECT>Certifications, disclosures, records maintenance and audits.</SUBJECT> (a) <E T="03">Short-form applications: certifications and disclosure.</E> 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 § 22.223. (b) <E T="03">Long form applications: certifications and disclosure.</E> Each applicant submitting a long-form application for a paging geographic area authorization <PRTPAGE P="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 § 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 §§ 22.217 through 22.223, including the establishment of <E T="03">de facto</E> and <E T="03">de jure</E> 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) <E T="03">Records maintenance.</E> 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 § 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) <E T="03">Audits.</E> (1) Applicants and licensees claiming eligibility as a small business or consortium of small businesses under §§ 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) <E T="03">Definitions.</E> The terms affiliate, small business, consortium of small businesses, and gross revenues, used in this section are defined in § 22.223. </SECTION> <SECTION> <SECTNO>§ 22.227</SECTNO> <SUBJECT>Petitions to deny and limitations on settlements.</SUBJECT> (a) Procedures regarding petitions to deny long-form applications in the paging service will be governed by §§ 1.2108(b) through 1.2108(d) of this chapter, § 22.130, and § 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 § 22.129, § 90.162, and § 1.2105(c) of this chapter. </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Operational and Technical Requirements</HD> <SUBJGRP> <HD SOURCE="HED">Operational Requirements</HD> <SECTION> <SECTNO>§ 22.301</SECTNO> <SUBJECT>Station inspection.</SUBJECT> 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. <CITA>[59 FR 59955, Nov. 21, 1994]</CITA> </SECTION> <SECTION> <PRTPAGE P="127"/> <SECTNO>§ 22.303</SECTNO> <SUBJECT>Retention of station authorizations; identifying transmitters.</SUBJECT> The current authorization for each station, together with current administrative and technical information concerning modifications to facilities pursuant to § 22.163 and added facilities pursuant to § 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. </SECTION> <SECTION> <SECTNO>§ 22.305</SECTNO> <SUBJECT>Operator and maintenance requirements.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.307</SECTNO> <SUBJECT>Operation during emergency.</SUBJECT> 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) <E T="03">Technical limitations.</E> 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) <E T="03">Discontinuance.</E> 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. </SECTION> <SECTION> <SECTNO>§ 22.313</SECTNO> <SUBJECT>Station identification.</SUBJECT> 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 <PRTPAGE P="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. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59955, Nov. 21, 1994; 62 FR 11633, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.315</SECTNO> <SUBJECT>Duty to respond to official communications.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.317</SECTNO> <SUBJECT>Discontinuance of station operation.</SUBJECT> 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. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.321</SECTNO> <SUBJECT>Equal employment opportunities.</SUBJECT> 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) <E T="03">Equal employment opportunity program.</E> 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.<PRTPAGE P="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) <E T="03">To assure nondiscrimination in recruiting.</E> (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) <E T="03">To assure nondiscrimination in selection and hiring.</E> (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) <E T="03">To assure nondiscriminatory placement and promotion.</E> (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) <E T="03">To assure nondiscrimination in other areas of employment practices.</E> (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 <PRTPAGE P="130"/>discriminate against qualified minority groups or female employees. (b) <E T="03">EEO statement.</E> 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). <EXTRACT> <E T="04">Note</E> to paragraph (b) of § 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. </EXTRACT> (c) <E T="03">Report of complaints filed against licensees.</E> 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) <E T="03">Complaints of violations of Equal Employment Programs.</E> 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 § 1.815(a) of this chapter are investigated by the FCC. (e) <E T="03">FCC records.</E> 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) <E T="03">Licensee records.</E> Each licensee required to file annual employment reports (pursuant to § 1.815(a) of this chapter), equal employment opportunity program statements, and annual reports on complaints regarding violations of equal employment provisions <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 22.323</SECTNO> <SUBJECT>Incidental communication services.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.325</SECTNO> <SUBJECT>Control points.</SUBJECT> 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. </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Technical Requirements</HD> <SECTION> <SECTNO>§ 22.351</SECTNO> <SUBJECT>Channel assignment policy.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.352</SECTNO> <SUBJECT>Protection from interference.</SUBJECT> 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) <E T="03">Failure to operate as authorized.</E> 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) <E T="03">Intermodulation interference.</E> Licensees should attempt to resolve such interference by technical means. (c) <E T="03">Situations in which no protection is afforded.</E> Except as provided elsewhere in this part, no protection from interference is afforded in the following situations:<PRTPAGE P="132"/> (1) <E T="03">Interference to base receivers from base or fixed transmitters.</E> Licensees should attempt to resolve such interference by technical means or operating arrangements. (2) <E T="03">Inteference to mobile receivers from mobile transmitters.</E> No protection is provided against mobile-to-mobile interference. (3) <E T="03">Interference to base receivers from mobile transmitters.</E> No protection is provided against mobile-to-base interference. (4) <E T="03">Interference to fixed stations.</E> Licensees should attempt to resolve such interference by technical means or operating arrangements. (5) <E T="03">Anomalous or infrequent propagation modes.</E> No protection is provided against interference caused by tropospheric and ionospheric propagation of signals. (6) <E T="03">Facilities for which the FCC not notified.</E> No protection is provided against interference to the service of any additional or modified transmitter operating pursuant to § 22.163 or § 22.165, unless and until the licensee notifies the FCC (FCC Form 489) of the additional or modified transmitter. (7) <E T="03">In-building radiation systems.</E> No protection is provided against interference to the service of in-building radiation systems (see § 22.383). <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11633, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.353</SECTNO> <SUBJECT>Blanketing interference.</SUBJECT> 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 dBμV/m. To determine the radial distance to the boundary of this area, the following formula must be used: <MATH DEEP="16" SPAN="1"> <MID>ER17NO94.007</MID> </MATH> <FP SOURCE="FP-2">where d is the radial distance to the boundary, in kilometers</FP> <FP SOURCE="FP-2">p is the radial effective radiated power, in kilowatts</FP> <FP>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.</FP> (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. </SECTION> <SECTION> <SECTNO>§ 22.355</SECTNO> <SUBJECT>Frequency tolerance.</SUBJECT> 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.<PRTPAGE P="133"/> <GPOTABLE CDEF="s10,10,10,10" COLS="4" OPTS="L2,i1"> <TTITLE>Table C-1.—Frequency Tolerance for Transmitters in the Public Mobile Services</TTITLE> <BOXHD> <CHED H="1">Frequency range (MHz)</CHED> <CHED H="1">Base, fixed<LI>(ppm)</LI> </CHED> <CHED H="1">Mobile <E T="51">≤</E>3 watts<LI>(ppm)</LI> </CHED> <CHED H="1">Mobile <LI> <E T="61"><</E>=3 watts</LI> <LI>(ppm)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">25 to 50 </ENT> <ENT>20.0 </ENT> <ENT>20.0 </ENT> <ENT>50.0</ENT> </ROW> <ROW> <ENT I="01">50 to 450 </ENT> <ENT>5.0 </ENT> <ENT>5.0 </ENT> <ENT>50.0</ENT> </ROW> <ROW> <ENT I="01">450 to 512 </ENT> <ENT>2.5 </ENT> <ENT>5.0 </ENT> <ENT>5.0</ENT> </ROW> <ROW> <ENT I="01">821 to 896 </ENT> <ENT>1.5 </ENT> <ENT>2.5 </ENT> <ENT>2.5</ENT> </ROW> <ROW> <ENT I="01">928 to 929 </ENT> <ENT>5.0 </ENT> <ENT>n/a </ENT> <ENT>n/a</ENT> </ROW> <ROW> <ENT I="01">929 to 960 </ENT> <ENT>1.5 </ENT> <ENT>n/a </ENT> <ENT>n/a</ENT> </ROW> <ROW> <ENT I="01">2110 to 2220 </ENT> <ENT>10.0 </ENT> <ENT>n/a </ENT> <ENT>n/a </ENT> </ROW> </GPOTABLE> <CITA>[61 FR 54099, Oct. 17, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.357</SECTNO> <SUBJECT>Emission types.</SUBJECT> 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 §§ 22.359, 22.861 and 22.917. <CITA>[61 FR 54099, Oct. 17, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.359</SECTNO> <SUBJECT>Emission masks.</SUBJECT> Unless otherwise indicated in the rules governing a specific radio service, all transmitters intended for use in the Public Mobile Services must be designed to comply with the emission masks outlined in this section. If an emission outside of the authorized bandwidth causes harmful interference, the FCC may, at its discretion, require greater attenuation than specified in this section. (a) <E T="03">Analog modulation.</E> For transmitters other than those employing digital modulation techniques, the mean or peak envelope power of adjacent channel emissions must be attenuated below the output mean or peak envelope power of the total emission (P, in Watts) in accordance with the following schedule: (1) On any frequency removed from the center frequency of the assigned channel by more than 50 percent up to and including 100 percent of the authorized bandwidth: <FP>at least 25 dB:</FP> (2) On any frequency removed from the center frequency of the assigned channel by more than 100 percent up to and including 250 percent of the authorized bandwidth: <FP>at least 35 dB:</FP> (3) On any frequency removed from the center frequency of the assigned channel by more than 250 percent of the authorized bandwidth: <FP>at least 43 + 10 log P dB, or 80 dB, whichever is the lesser attenuation.</FP> (b) <E T="03">Digital modulation.</E> For transmitters not equipped with an audio low pass filter and for transmitters employing digital modulation techniques, the mean or peak envelope power of sideband emissions must be attenuated below the mean or peak envelope power of the total emission (P, in Watts) in accordance with the following schedule: (1) For transmitters that operate in the frequency ranges 35 to 44 MHz, 72 to 73 MHz, 75.4 to 76.0 MHz and 152 to 159 MHz, (i) On any frequency removed from the center frequency of the assigned channel by a displacement frequency f<E T="52">d</E> (in kHz) of more than 5 kHz but not more than 10 kHz: <FP>at least 83 log (f<E T="52">d</E>÷5) dB;</FP> (ii) On any frequency removed from the center frequency of the assigned channel by a displacement frequency f<E T="52">d</E> (in kHz) of more than 10 kHz but not more than 250 percent of the authorized bandwidth: <FP>at least 29 log f<E T="52">d</E>2÷11) dB or 50 dB, whichever is the lesser attenuation;</FP> (iii) On any frequency removed from the center frequency of the assigned channel by more than 250 percent of the authorized bandwidth: <FP>at least 43 + 10 log P dB, or 80 dB, whichever is the lesser attenuation.</FP> (2) For transmitters that operate in the frequency ranges 450 to 512 MHz and 929 to 932 MHz, (i) On any frequency removed from the center frequency of the assigned channel by a displacement frequency f<E T="52">d</E> (in kHz) of more than 5 kHz but not more than 10 kHz: <FP>at least 83 log (f<E T="52">d</E>÷5) dB;</FP> (ii) On any frequency removed from the center frequency of the assigned channel by a displacement frequency f<E T="52">d</E> (in kHz) of more than 10 kHz but not more than 250 percent of the authorized bandwidth:<PRTPAGE P="134"/> <FP>at least 116 log (f<E T="52">d</E>÷6.1) dB, or 50 + 10 log P dB, or 70 dB, whichever is the lesser attenuation;</FP> (iii) On any frequency removed from the center frequency of the assigned channel by more than 250 percent of the authorized bandwidth: <FP>at least 43 + 10 log P dB, or 80 dB, whichever is the lesser attenuation.</FP> (c) <E T="03">Measurement procedure.</E> Either peak or average power may be used, provided that the same technique is used for both the adjacent channel or sideband emissions and the total emission. The resolution bandwidth of the measuring instrument must be set to 300 Hz for measurements on any frequency removed from the center frequency of the assigned channel by no more than 250 percent of the authorized bandwidth and 30 kHz for measurements on any frequency removed from the center frequency of the assigned channel by more than 250 percent of the authorized bandwidth. </SECTION> <SECTION> <SECTNO>§ 22.361</SECTNO> <SUBJECT>Standby facilities.</SUBJECT> Licensees of stations in the Public Mobile Services may install standby transmitters for the purpose of continuing service in the event of failure or during required maintenance of regular transmitters without obtaining separate authorization, provided that operation of the standby transmitters would not increase the service areas or interference potential of the stations, and that such standby transmitters use the same antenna as the regular transmitters they temporarily replace. <GPOTABLE CDEF="xl50,10,11" COLS="3" OPTS="L2,i1"> <TTITLE>Table C-2.—Technical Requirements for Directional Antennas</TTITLE> <BOXHD> <CHED H="1">Frequency range</CHED> <CHED H="1">Maximum beamwidth</CHED> <CHED H="1">Suppression</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01">35 to 512 MHz </ENT> <ENT>80° </ENT> <ENT>10 dB</ENT> </ROW> <ROW RUL="s"> <ENT I="01">512 to 1500 MHz </ENT> <ENT>20° </ENT> <ENT>13 dB</ENT> </ROW> <ROW> <ENT I="01">1500 to 2500 MHz </ENT> <ENT>12° </ENT> <ENT>13 dB</ENT> </ROW> </GPOTABLE> <CITA>[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.363</SECTNO> <SUBJECT>Directional antennas.</SUBJECT> Fixed transmitters for point-to-point operation must use a directional transmitting antenna with the major lobe of radiation in the horizontal plane directed toward the receiving antenna or passive reflector of the station for which the transmissions are intended. Directional antennas used in the Public Mobile Services must meet the technical requirements given in Table C-2 to § 22.361. (a) Maximum beamwidth is for the major lobe at the half power points. (b) Suppression is the minimum attenuation for any secondary lobe referenced to the main lobe. (c) An omnidirectional antenna may be used for fixed transmitters where there are two or more receive locations at different azimuths. </SECTION> <SECTION> <SECTNO>§ 22.365</SECTNO> <SUBJECT>Antenna structures; air navigation safety.</SUBJECT> Licensees that own their antenna structures must not allow these antenna structures to become a hazard to air navigation. In general, antenna structure owners are responsible for registering antenna structures with the FCC if required by part 17 of this chapter, and for installing and maintaining any required marking and lighting. However, in the event of default of this responsibility by an antenna structure owner, each FCC permittee or licensee authorized to use an affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure continues to meet the requirements of part 17 of this chapter. See § 17.6 of this chapter. (a) <E T="03">Marking and lighting.</E> Antenna structures must be marked, lighted and maintained in accordance with Part 17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration. (b) <E T="03">Maintenance contracts.</E> Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) may enter into contracts with other entities to monitor and carry out necessary maintenance of antenna structures. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) that make such contractual arrangements continue to be responsible for the maintenance of antenna structures in regard to air navigation safety. <CITA>[61 FR 4365, Feb. 6, 1996]</CITA> </SECTION> <SECTION> <PRTPAGE P="135"/> <SECTNO>§ 22.367</SECTNO> <SUBJECT>Wave polarization.</SUBJECT> Public mobile station antennas must be of the correct type and properly installed such that the electromagnetic emissions have the polarization required by this section. (a) <E T="03">Vertical.</E> Waves radiated by the following must be vertically polarized: (1) Base, mobile, dispatch, and auxiliary test transmitters in the Paging and Radiotelephone Service; (2) Transmitters in the Offshore Radiotelephone Service; (3) Transmitters on channels in the 72-76 MHz frequency range; (4) Base, mobile and auxiliary test transmitters in the Cellular Radiotelephone Service; (5) Control and repeater transmitters on channels in the 900-960 MHz frequency range; (6) Rural subscriber stations communicating with base transmitters in the Paging and Radiotelephone Service pursuant to § 22.563. (7) Ground and airborne mobile transmitters in the Air-ground Radiotelephone Service. (b) <E T="03">Horizontal.</E> Waves radiated by transmitters in the Public Mobile Services, other than transmitters required by paragraph (a) of this section to radiate a vertically polarized wave must be horizontally polarized, except as otherwise provided in paragraphs (c) and (d) of this section. (c) <E T="03">Circular.</E> If communications efficiency would be improved and/or interference reduced, the FCC may authorize transmitters other than those listed in paragraphs (a)(1) through (a)(7) of this section to radiate a circularly polarized wave. (d) <E T="03">Any polarization.</E> Public Land Mobile stations transmitting on channels higher than 960 MHz are not limited as to wave polarization. </SECTION> <SECTION> <SECTNO>§ 22.369</SECTNO> <SUBJECT>Quiet zones and Arecibo Coordination Zone.</SUBJECT> 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 interference. The areas involved and procedures required are as follows: (a) <E T="03">NRAO, NRRO.</E> The requirements of this paragraph are intended to minimize possible 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. (1) Carriers planning to construct and operate a new or modified Public Mobile Services station at a permanent fixed location within the area bounded by N.39°15prime; on the north, W.78°30prime; on the east, N.37°30prime; on the south, and W.80°30prime; on the west must notify the Director, National Radio Astronomy Observatory, Post Office Box No. 2, Green Bank, West Virginia 24944, in writing, of the technical details of the proposed operation. The notification must include the geographical coordinates of the antenna location, the antenna height, antenna directivity (if any), the channel, the emission type and power. (2) When an application for authority to operate a station is filed with the FCC, the notification required in paragraph (a)(1) of this section should be sent at the same time. The application must state the date that notification in accordance with paragraph (a)(1) of this section was made. After receipt of such applications, the FCC will allow a period of 20 days for comments or objections in response to the notifications indicated. (3) If an objection 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 FCC will, after consideration of the record, take whatever action is deemed appropriate. (b) <E T="03">Table Mountain.</E> The requirements of this paragraph are intended to minimize possible interference at the Table Mountain Radio Receiving Zone of the Research Laboratories of the Department of Commerce located in Boulder County, Colorado. (1) Carriers planning to construct and operate a new or modified Public Mobile Services station at a permanent fixed location in the vicinity of Boulder County, Colorado are advised to give consideration, prior to filing applications, to the need to protect the Table Mountain Radio Receiving Zone <PRTPAGE P="136"/>from interference. To prevent degradation of the 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 1800 acre site (in the vicinity of coordinates 40°07prime;50Prime; North Latitude, 105°14prime;40Prime; West Longitude) resulting from new assignments (other than mobile stations) or from the modification or relocation of existing facilities do not exceed the values given in Table C-3 of this section. <GPOTABLE CDEF="s100,xs60,xs60" COLS="3" OPTS="L2,i1"> <TTITLE>Table C-3.—Field Strength Limits for Table Mountain</TTITLE> <BOXHD> <CHED H="1">Frequency range</CHED> <CHED H="1">Field strength</CHED> <CHED H="1">Power flux density</CHED> </BOXHD> <ROW> <ENT I="01">1.6 to 470 MHz</ENT> <ENT>10 mV/m</ENT> <ENT>−65.8 dBW/m<E T="51">2</E> </ENT> </ROW> <ROW> <ENT I="01">470 to 890 MHz</ENT> <ENT>30 mV/m</ENT> <ENT>−56.2 dBW/m<E T="51">2</E> </ENT> </ROW> <ROW> <ENT I="01">890 to 3000 MHz</ENT> <ENT>1 mV/m</ENT> <ENT>−85.8 dBW/m<E T="51">2</E> </ENT> </ROW> <TNOTE> <E T="02">Note:</E> Equivalent values of power flux density are calculated assuming free space characteristic impedance of 376.7 <E T="61">Ω</E> (120<E T="61">πΩ</E>).</TNOTE> </GPOTABLE> (2) Advance consultation is recommended, particularly for applicants that have no reliable data to indicate whether the field strength or power flux density figures in the above table would be exceeded by their proposed radio facilities. In general, coordination is recommended for: (i) Stations located within 2.4 kilometers (1.5 miles); (ii) Stations located within 4.8 kilometers (3 miles) transmitting with 50 watts or more effective radiated power (ERP) in the primary plane of polarization in the azimuthal direction of the Table Mountain Radio Receiving Zone; (iii) Stations located with 16 kilometers (10 miles) transmitting with 1 kW or more ERP in the primary plane of polarization in the azimuthal direction of Table Mountain Radio Receiving Zone; (iv) Stations located within 80 kilometers (50 miles) transmitting with 25 kW or more ERP in the primary plane of polarization in the azimuthal direction of Table Mountain Receiving Zone. (3) Applicants concerned are urged to communicate with the Radio Frequency Management Coordinator, Department of Commerce, Research Support Services NOAAR/E5X2, Boulder Laboratories, Boulder, CO 80303; telephone (303) 497-6548, in advance of filing their applications with the FCC. (4) The FCC will not screen applications to determine whether advance consultation has taken place. However, such consultation may avoid the filing of objections from the Department of Commerce or institution of proceedings to modify the authorizations of stations that radiate signals with a field strength or power flux density at the site in excess of those specified herein. (c) <E T="03">Federal Communications Commission protected field offices.</E> The requirements of this paragraph are intended to minimize possible interference to FCC monitoring activities. (1) Carriers planning to construct and operate a new or modified Public Mobile Services station at a permanent fixed location in the vicinity of an FCC protected field office are advised to give consideration, prior to filing applications, to the need to avoid interfering with the monitoring activities of that office. FCC protected field offices are listed in § 0.121 of this chapter. (2) Applications for stations (except mobile stations) that could produce on any channel a direct wave fundamental field strength of greater than 10 mV/m (−65.8 dBW/m<SU>2</SU> power flux density assuming a free space characteristic impedance of 120<E T="61">p</E> <E T="61">Ω</E>) in the authorized bandwidth at the protected field office may be examined to determine the potential for interference with monitoring activities. After consideration of the effects of the predicted field strength of the proposed station, including the cumulative effects of the signal from the proposed station with other ambient radio field strength levels at the protected field office, the FCC may add a condition restricting radiation toward the protected field office to the station authorization.<PRTPAGE P="137"/> (3) In the event that the calculated field strength exceeds 10 mV/m at the protected field office site, or if there is any question whether field strength levels might exceed that level, advance consultation with the FCC to discuss possible measures to avoid interference to monitoring activities should be considered. Prospective applicants may communicate with: Chief, Compliance and Information Bureau, Federal Communications Commission, Washington, DC 20554. (4) Advance consultation is recommended for applicants that have no reliable data to indicate whether the field strength or power flux density figure indicated would be exceeded by their proposed radio facilities. In general, coordination is recommended for: (i) Stations located within 2.4 kilometers (1.5 miles); (ii) Stations located 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 protected field offices. (iii) Stations located within 16 kilometers (10 miles) with 1 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the protected field office; (iv) Stations located within 80 kilometers (50 miles) with 25 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the protected field office; (5) Advance coordination for stations transmitting on channels above 1000 MHz is recommended only if the proposed station is in the vicinity of a protected field office designated as a satellite monitoring facility in § 0.121 of this chapter. (6) The FCC will not screen applications to determine whether advance consultation has taken place. However, such consultation may serve to avoid the need for later modification of the authorizations of stations that interfere with monitoring activities at protected field offices. (d) <E T="03">Arecibo, Puerto Rico</E>. The requirements of this paragraph are intended to minimize possible interference at the Arecibo Observatory in Puerto Rico. Licensees must make reasonable efforts to protect the Observatory from interference. (1) Carriers planning to construct and operate a new Public Mobile Services station at a permanent fixed location on the islands of Puerto Rico, Desecheo, Mona, Vieques or Culebra in services in which individual station licenses are issued by the FCC; planning to construct and operate a new Public Mobile Services station at a permanent fixed location on these islands that may cause interference to the operations of the Arecibo Observatory in services in which individual station licenses are not issued by the FCC; or planning a modification of any existing Public Mobile Services station at a permanent fixed location on these islands that would increase the likelihood of causing interference to the operations of the Arecibo Observatory must notify the Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in writing or electronically (e-mail address: prcz@naic.edu), of the technical parameters of the planned operation. Carriers may wish to use the interference guidelines provided by Cornell University as guidance in designing facilities to avoid interference to the Observatory. The notification must include identification of the geographical coordinates of the antenna location (NAD-83 datum), the antenna height, antenna directivity (if any), proposed channel and FCC rule part, type of emission, and effective isotropic radiated power. (2) In services in which individual station licenses are issued by the FCC, the notification required in paragraph (d)(1) of this section should be sent at the same time the application is filed with the FCC, and at least 20 days in advance of the applicant's planned operation. The application must state the date that notification in accordance with paragraph (d)(1) was made. In services in which individual station licenses are not issued by the FCC, the notification required in paragraph (d)(1) of this section should be sent at least 45 days in advance of the applicant's planned operation. In the latter services, the Interference Office must inform the FCC of a notification by an applicant within 20 days if the Office plans to file comments or objections to <PRTPAGE P="138"/>the notification. After the FCC receives an application from a service applicant or is informed by the Interference Office of a notification from a service applicant, the FCC will allow the Interference Office a period of 20 days for comments or objections in response to the application or notification. (3) If an objection to any planned service operation is received during the 20-day period from the Interference Office, the FCC will take whatever action is deemed appropriate. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 8477, Mar. 5, 1996; 61 FR 54099, Oct. 17, 1996; 62 FR 55530, Oct. 27, 1997; 63 FR 41202, Aug. 3, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.371</SECTNO> <SUBJECT>Disturbance of AM broadcast station antenna patterns.</SUBJECT> Public Mobile Service licensees that construct or modify towers in the immediate vicinity of AM broadcast stations are responsible for measures necessary to correct disturbance of the AM station antenna pattern which causes operation outside of the radiation parameters specified by the FCC for the AM station, if the disturbance occurred as a result of such construction or modification. (a) <E T="03">Non-directional AM stations.</E> If tower construction or modification is planned within 1 kilometer (0.6 mile) of a non-directional AM broadcast station tower, the Public Mobile Service licensee must notify the licensee of the AM broadcast station in advance of the planned construction or modification. Measurements must be made to determine whether the construction or modification affected the AM station antenna pattern. The Public Mobile Service licensee is responsible for the installation and continued maintenance of any detuning apparatus necessary to restore proper non-directional performance of the AM station tower. (b) <E T="03">Directional AM stations.</E> If tower construction or modification is planned within 3 kilometers (1.9 miles) of a directional AM broadcast station array, the Public Mobile Service licensee must notify the licensee of the AM broadcast station in advance of the planned construction or modification. Measurements must be made to determine whether the construction or modification affected the AM station antenna pattern. The Public Mobile Service licensee is responsible for the installation and continued maintenance of any detuning apparatus necessary to restore proper performance of the AM station array. </SECTION> <SECTION> <SECTNO>§ 22.373</SECTNO> <SUBJECT>Access to transmitters.</SUBJECT> Unless otherwise provided in this part, the design and installation of transmitters in the Public Mobile Services must meet the requirements of this section. (a) Transmitters and control points, other than those used with in-building radiation systems, must be installed such that they are readily accessible only to persons authorized by the licensee to operate or service them. (b) Transmitters must be designed and installed such that any adjustments or controls that could cause the transmitter to deviate from its authorized operating parameters are readily accessible only to persons authorized by the licensee to make such adjustments. (c) Transmitters (other than hand-carried or pack-carried mobile transmitters) and control points must be equipped with a means of indicating when the control circuitry has been put in a condition that should cause the transmitter to radiate. (d) Transmitters must be designed such that they can be turned off independently of any remote control circuits. (e) Transmitters used with in-building radiation systems must be installed such that, to the extent possible, they are readily accessible only to persons authorized by the licensee to access them. (f) Transmitters used with in-building radiation systems must be designed such that, in the event an unauthorized person does gain access, that person can not cause the transmitter to deviate from its authorized operating parameters in such a way as to cause interference to other stations. </SECTION> <SECTION> <SECTNO>§ 22.377</SECTNO> <SUBJECT>Certification of transmitters.</SUBJECT> Except as provided in paragraph (b) of this section, transmitters used in the Public Mobile Services, including <PRTPAGE P="139"/>those used with signal boosters, in-building radiation systems and cellular repeaters, must be certificated for use in the radio services regulated under this part. Transmitters must be certificated when the station is ready for service, not necessarily at the time of filing an application. (a) The FCC may list as certificated only transmitters that are capable of meeting all technical requirements of the rules governing the service in which they will operate. The procedure for obtaining certification is set forth in part 2 of this chapter. (b) Transmitters operating under a developmental authorization (see subpart D of this part) do not have to be certificated. (c) In addition to the technical standards contained in this part, transmitters intended for operation in the Cellular Radiotelephone Service must be designed to comply with the technical requirements contained in the cellular system compatibility specification (see § 22.933) and the electronic serial number rule (see § 22.919). <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996; 63 FR 36603, July 7, 1998.]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 63 FR 36603, July 7, 1998, § 22.377 was amended by removing paragraph (c) and redesignating paragraph (d) as paragraph (c); by removing the term “type-acceptance” from the section and the heading, and replacing it with “certification”; and by removing the term “type-accepted” and replacing it with “certificated”, effective Oct. 5, 1998. For the convenience of the user, the superseded text is set forth as follows: <SUPERSED> <SECTION> <SECTNO>§ 22.377</SECTNO> <SUBJECT>Type-acceptance of transmitters.</SUBJECT> <STARS/> (c) Type-accepted transmitters are listed in the FCC's “Radio Equipment List,” which is available for public inspection at the FCC in Washington, DC, and its field offices.<STARS/> </SECTION> <SECTION> <SECTNO>§ 22.379</SECTNO> <SUBJECT>Replacement of equipment.</SUBJECT> Licensees may replace any equipment in Public Mobile Service stations without applying for authorization or notifying the FCC, provided that: (a) If a transmitter is replaced, the replacement transmitter must be certificated for use in the Public Mobile Services; (b) The antenna structure must not become a hazard to air navigation and its height must not be not increased; (c) The interference potential of the station must not be increased; (d) The Effective radiated power, emission type, antenna radiation pattern and center of radiation height above average terrain are not changed. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 36603, July 7, 1998]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 63 FR 36603, July 7, 1998, § 22.379 was amended by removing the term “type-accepted” and replacing it with “certificated”, effective Oct. 5, 1998. </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 22.381</SECTNO> <SUBJECT>Auxiliary test transmitters.</SUBJECT> Auxiliary test transmitters may be used only for testing the performance of fixed receiving equipment located remotely from the control point. Auxiliary test transmitters may transmit only on channels designated for mobile transmitters. </SECTION> <SECTION> <SECTNO>§ 22.383</SECTNO> <SUBJECT>In-building radiation systems.</SUBJECT> Licensees may install and operate in-building radiation systems without applying for authorization or notifying the FCC, provided that the locations of the in-building radiation systems are within the protected service area of the licensee's authorized transmitter(s) on the same channel or channel block. </SECTION> <SUBPART> <HD SOURCE="HED">Subpart D—Developmental Authorizations</HD> <SECTION> <SECTNO>§ 22.401</SECTNO> <SUBJECT>Description and purposes of developmental authorizations.</SUBJECT> Communications common carriers may apply for, and the FCC may grant, authority to construct and operate one or more transmitters subject to the rules in this subpart and other limitations, waivers and/or conditions that may be prescribed. Authorizations granted on this basis are developmental authorizations. In general, the FCC grants developmental authorizations in situations and circumstances where it cannot reasonably be determined in advance whether a particular transmitter can be operated or a particular service can be provided without causing interference to the service of <PRTPAGE P="140"/>existing stations. For example, the FCC may grant developmental authorizations for: (a) Field strength surveys to evaluate the technical suitability of antenna locations for stations in the Public Mobile Services; (b) Experimentation leading to the potential development of a new Public Mobile Service or technology; or, (c) Stations transmitting on channels in certain frequency ranges, to provide a trial period during which it can be individually determined whether such stations can operate without causing excessive interference to existing services. </SECTION> <SECTION> <SECTNO>§ 22.403</SECTNO> <SUBJECT>General limitations.</SUBJECT> The provisions and requirements of this section are applicable to all developmental authorizations. (a) Developmental authorizations are granted subject to the condition that they may be cancelled by the FCC at any time, upon notice to the licensee, and without the opportunity for a hearing. (b) Except as otherwise indicated in this subpart, developmental authorizations normally terminate one year from the date of grant. The FCC may, however, specify a different term. (c) Stations operating under developmental authorizations must not interfere with the services of regularly authorized stations. (d) A grant of a developmental authorization does not provide any assurance that the FCC will grant an application for regular authorization to operate the same transmitter(s), even if operation during the developmental period has not caused interference and/or the developmental program is successful. </SECTION> <SECTION> <SECTNO>§ 22.409</SECTNO> <SUBJECT>Developmental authorization for a new Public Mobile Service or technology.</SUBJECT> The FCC may grant applications for developmental authority to construct and operate transmitters for the purpose of developing a new Public Mobile Service or a new technology not regularly authorized under this part, subject to the requirements of this section. Such applications may request the use of any portion of the spectrum allocated for Public Mobile Services in the Table of Frequency Allocations contained in part 2 of this chapter, regardless of whether that spectrum is regularly available under this part. Requests to use any portion of the spectrum for a service or purpose other than that indicated in the Table of Frequency Allocations in part 2 of this chapter may be made only in accordance with the provisions of part 5 of this chapter. (a) <E T="03">Preliminary determination.</E> The FCC will make a preliminary determination with respect to the factors in paragraphs (a)(1) through (a)(3) of this section before acting on an application for developmental authority pursuant to this section. These factors are: (1) That the public interest, convenience or necessity warrants consideration of the establishment of the proposed service or technology; (2) That the proposal appears to have potential value to the public that could warrant the establishment of the new service or technology; (3) That some operational data should be developed for consideration in any rule making proceeding which may be initiated to establish such service or technology. (b) <E T="03">Petition required.</E> Applications for developmental authorizations pursuant to this section must be accompanied by a petition for rule making requesting the FCC to amend its rules as may be necessary to provide for the establishment of the proposed service or technology. (c) <E T="03">Application requirements.</E> Authorizations for developmental authority pursuant to this section will be issued only upon a showing that the applicant has a definite program of research and development which has reasonable promise of substantial contribution to the services authorized by this part. The application must contain an exhibit demonstrating the applicant's technical qualifications 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 purpose. Additionally, the FCC may, in its discretion, require a showing of financial qualification.<PRTPAGE P="141"/> (d) <E T="03">Communication service for hire prohibited.</E> Stations authorized under developmental authorizations granted pursuant to this section must not be used to provide communication service for hire, unless otherwise specifically authorized by the FCC. (e) <E T="03">Adherence to program.</E> Carriers granted developmental authorization pursuant to this section must substantially adhere to the program of research and development described in their application for developmental authorization, unless the FCC directs otherwise. (f) <E T="03">Report requirements.</E> Upon completion of the program of research and development, or upon the expiration of the developmental authorization under which such program was permitted, or at such times during the term of the station authorization as the FCC may deem necessary to evaluate the progress of the developmental program, the licensee shall submit a comprehensive report, containing: (1) A description of the progress of the program and a detailed analysis of any result obtained; (2) Copies of any publications produced by the program; (3) A listing of any patents applied for, including copies of any patents issued; (4) Copies of any marketing surveys or other measures of potential public demand for the new service; (5) A description of the carrier's experiences with operational aspects of the program including— (i) The duration of transmissions on each channel or frequency range and the technical parameters of such transmissions; and, (ii) Any interference complaints received as a result of operation and how these complaints were investigated and resolved. (g) <E T="03">Confidentiality.</E> Normally, applications and developmental reports are a part of the FCC's public records. However, an applicant or licensee may request that the FCC withhold from public records specific exhibits, reports and other material associated with a developmental authorization. (h) <E T="03">Renewal.</E> Expiring developmental authorizations issued pursuant to this section may be renewed if the carrier— (1) Shows that further progress in the program of research and development requires additional time to operate under developmental authorization; (2) Complied with the reporting requirements of paragraph (f) of this section; and, (3) Immediately resolved to the FCC's satisfaction all complaints of interference caused by the station operating under developmental authority. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.411</SECTNO> <SUBJECT>Developmental authorization of 43 MHz paging transmitters.</SUBJECT> Because of the potential for interference to the intermediate frequency stages of receivers in broadcast television sets and video recorders, 43 MHz paging channels are assigned only under developmental authorizations subject to the requirements of this section, except as provided in paragraph (d) of this section. (a) <E T="03">Carrier responsibility.</E> Carriers so authorized shall operate the 43 MHz paging service under developmental authority for a period of two years. During the two year developmental period, carriers must resolve any broadcast television receiver intermediate frequency interference problems that may occur as a result of operation of the 43 MHz paging transmitter(s). Carriers shall inform subscribers receiving service on the channels assigned under developmental authority during the developmental period that this service could be terminated by the FCC on short notice if such action were to become necessary to eliminate interference. Carriers shall notify the appropriate FCC Field Office, in advance, of the date on which service to subscribers is to begin. (b) <E T="03">Periodic surveys.</E> To determine the extent of any interference to broadcast television receivers resulting from operation of 43 MHz paging stations authorized pursuant to this section, carriers shall conduct semi-annual surveys during the first two years of operation. The first such survey is to begin on the date when service to subscribers commences. For each survey, the carrier shall contact at least 25 television viewers to determine whether they have experienced interference.<PRTPAGE P="142"/> (1) The carrier shall contact viewers located throughout the geographic area encompassed by a 3 kilometer (2 mile) radius of the 43 MHz paging transmitter antenna site. The carrier must not attempt to obtain a misleading survey by contacting only viewers less likely to be experiencing interference. For example, the carrier must not contact only the viewers located most distant from the paging transmitter antenna site. Instead, the carrier shall contact viewers located near the paging transmitter antenna site. (2) The carrier shall not, in subsequent surveys, contact viewers who were contacted in a previous survey; provided that, in the event that all of the viewers within 3 kilometers (2 miles) have been contacted, viewers located near the paging transmitter antenna site shall be contacted again. (c) <E T="03">Periodic reports.</E> Following each survey, the carrier shall submit to the FCC a written report disclosing and evaluating the extent of any interference. These reports must include: (1) The number of the report (1 to 4); (2) The station call sign; (3) The file number of the application that resulted in the developmental authorization; (4) An exact description of the transmitter location(s); (5) The date(s) and time of day when the survey was conducted; (6) The survey method used (e.g. telephone, on-site, etc.); (7) The names, addresses and telephone numbers of the viewers contacted; (8) If interference resulted from operation of the 43 MHz paging station, a summary of how the interference problem was resolved; (9) The names and telephone numbers of any technical personnel consulted and/or employed to resolve interference problems. (d) <E T="03">Exceptions.</E> The FCC may grant a regular authorization in the Paging and Radiotelephone Service for a 43 MHz paging station in the following circumstances: (1) After the two-year developmental period, provided that broadcast TV interference complaints have been resolved by the carrier in a satisfactory manner. Licensees that hold a developmental authorization for a 43 MHz paging station and wish to request a regular authorization must file an application (FCC Form 600) prior to the expiration of the developmental period. (2) In the case of the assignment of or a transfer of control of a regular authorization of a 43 MHz paging station in the Paging and Radiotelephone Service, provided that the station has been in continuous operation providing service with no substantial interruptions. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.413</SECTNO> <SUBJECT>Developmental authorization of 72-76 MHz fixed transmitters.</SUBJECT> Because of the potential for interference with the reception by broadcast television sets and video recorders of full service TV stations transmitting on TV Channels 4 and 5, 72-76 MHz channels are assigned for use within 16 kilometers (10 miles) of the antenna of any full service TV station transmitting on TV Channel 4 or 5 only under developmental authorizations subject to the requirements of this section, except as provided in paragraph (b) of this section. (a) <E T="03">Carrier responsibility.</E> Carriers so authorized shall operate the 72-76 MHz fixed station under developmental authority for a period of at least six months. During the developmental period, carriers must resolve any broadcast television receiver interference problems that may occur as a result of operation of the 72-76 MHz transmitter(s). (b) <E T="03">Exceptions.</E> The FCC may grant a regular authorization in the Paging and Radiotelephone Service for a 72-76 MHz fixed station under the following circumstances: (1) After six months of operation under developmental authorization, and provided that broadcast TV interference complaints have been resolved by the carrier in a satisfactory manner, the FCC may grant a regular authorization. Licensees that hold a developmental authorization for a 72-76 MHz fixed station and wish to request a regular authorization must file an application (FCC Form 600) prior to the expiration of the developmental authorization.<PRTPAGE P="143"/> (2) In the case of the assignment of or a transfer of control of a regular authorization of a 72-76 MHz fixed station in the Paging and Radiotelephone Service, the FCC may grant such assignment or consent to such transfer of control provided that the station has been in continuous operation providing service with no substantial interruptions. (3) If a proposed 72-76 MHz fixed transmitter antenna is to be located within 50 meters (164 feet) of the antenna of the full service TV station transmitting on TV Channel 4 or 5, the FCC may grant a regular authorization instead of a developmental authorization. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.415</SECTNO> <SUBJECT>Developmental authorization of 928-960 MHz fixed transmitters.</SUBJECT> Channels in the 928-929 MHz and 952-960 MHz ranges may be assigned under developmental authorizations to fixed transmitters in point-to-multipoint systems at locations that are short-spaced (i.e. do not meet the 113 kilometer (70 mile) separation requirement of § 22.625), subject to the requirements of this section. (a) <E T="03">Carrier responsibility.</E> Applications for developmental authorizations pursuant to this section must contain an engineering analysis that shows that no interference will be caused or received. Carriers so authorized shall operate the short-spaced transmitter for a period of one year. (b) <E T="03">Exceptions.</E> The FCC may grant a regular authorization in the Paging and Radiotelephone Service for a short-spaced fixed station under the following circumstances: (1) After one year of operation under developmental authorization, and provided that no interference has been caused, the FCC may grant a regular authorization. Licensees that hold a developmental authorization and wish to request a regular authorization must file an application (FCC Form 600) prior to the expiration of the developmental authorization. (2) In the case of the assignment of or a transfer of control of a regular authorization of a short-spaced fixed station in the Paging and Radiotelephone Service, the FCC may grant such assignment or consent to such transfer of control provided that the station has been in continuous operation providing service and no interference has been caused. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.417</SECTNO> <SUBJECT>Developmental authorization of meteor burst systems.</SUBJECT> Because of the potential for interference to other 42-46 MHz operations, central office and rural subscriber stations in Alaska are authorized to use meteor burst propagation modes to provide rural radiotelephone service only under developmental authorizations subject to the requirements of this section, except as provided in paragraph (b) of this section. See also §§ 22.725(c) and 22.729. (a) <E T="03">Carrier responsibility.</E> Carriers and subscribers so authorized shall operate the station under developmental authority for a period of at least one year. (b) <E T="03">Exceptions.</E> The FCC may grant a regular authorization in the Rural Radiotelephone Service for a central office or rural subscriber to use meteor burst propagation modes to provide rural radiotelephone service under the following circumstances: (1) After one year of operation under developmental authorization, and provided that no interference has been caused to other operations, the FCC may grant a regular authorization. Licensees that hold a developmental authorization to use meteor burst propagation modes to provide rural radiotelephone service and wish to request a regular authorization must file an application (FCC Form 600) prior to the expiration of the developmental authorization. (2) In the case of the assignment of or a transfer of control of a regular authorization of a central office or rural subscriber station authorizing the use of meteor burst propagation modes in the Rural Radiotelephone Service, the FCC may grant such assignment or <PRTPAGE P="144"/>consent to such transfer of control provided that the station has been in operation providing service with no substantial interruptions. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Paging and Radiotelephone Service</HD> <SECTION> <SECTNO>§ 22.501</SECTNO> <SUBJECT>Scope.</SUBJECT> The rules in this subpart govern the licensing and operation of public mobile paging and radiotelephone stations. The licensing and operation of these stations are also subject to rules elsewhere in this part that apply generally to the Public Mobile Services. However, in case of conflict, the rules in this subpart govern. </SECTION> <SECTION> <SECTNO>§ 22.503</SECTNO> <SUBJECT>Paging geographic area authorizations.</SUBJECT> The FCC considers applications for and issues paging geographic area authorizations in the Paging and Radiotelephone Service in accordance with the rules in this section. Each paging geographic area authorization contains conditions requiring compliance with paragraphs (h) and (i) of this section. (a) <E T="03">Channels.</E> The FCC may issue a paging geographic area authorization for any channel listed in § 22.531 of this part or for any channel pair listed in § 22.561 of this part. (b) <E T="03">Paging geographic areas.</E> The paging geographic areas are as follows: (1) The Nationwide paging geographic area comprises the District of Columbia and all States, Territories and possessions of the United States of America. (2) The Major Trading Areas (MTAs) as defined in the Rand McNally <E T="03">1992 Commercial Atlas & Marketing Guide,</E> 123rd Edition, at pages 38-39, with the following changes and additions: (i) The Seattle paging geographic area does not include Alaska. (ii) Alaska is a paging geographic area. (iii) Guam and the Northern Mariana Islands (combined) are a paging geographic area. (iv) Puerto Rico and the United States Virgin Islands (combined) are a paging geographic area. (v) American Samoa is a paging geographic area. (3) The Economic Areas (EAs), as defined by the Department of Commerce, Bureau of Economic Analysis. (c) <E T="03">Availability.</E> The FCC may determine whether to issue a paging geographic area authorization for any specific channel or channel pair in any specific paging geographic area. The FCC may replace existing site specific authorizations for facilities on a channel or channel pair located in a paging geographic area with a paging geographic area authorization for that channel or channel pair, if in its sole discretion, the FCC determines that the public interest would be served by such replacement. (d) <E T="03">Filing windows.</E> The FCC accepts applications for paging geographic area authorizations only during filing windows. The FCC issues Public Notices announcing in advance the dates of the filing windows, and the specific paging geographic areas and channels for which applications may be accepted. (e) <E T="03">One grant per geographic area.</E> The FCC may grant one and only one application for a paging geographic area authorization for any specific channel or channel pair in any specific paging geographic area defined in paragraph (b) of this section. Selection from among mutually exclusive applications for a paging geographic area authorization will be made in accordance with the procedures in §§ 22.131 and 22.200 through 22.299. If after the selection process but prior to filing a “long form” application, a successful bidder decides to partition the paging geographic area, the FCC may require and accept multiple “long form” applications from the consortium members. (f) <E T="03">Exclusive right to expand.</E> During the term of a paging geographic area authorization, the FCC does not accept, from anyone other than the paging geographic area licensee, any major application for authorization to operate a facility that would serve unserved area within the paging geographic area specified in that paging geographic area authorization, on the channel specified in that paging geographic area authorization, unless any extension of the interfering contour of the proposed facility falls:<PRTPAGE P="145"/> (1) Within the composite interfering contour of another licensee; or, (2) Into unserved area and the paging geographic area licensee consents to such extension. (g) <E T="03">Subsequent applications not accepted.</E> During the term of a paging geographic area authorization, the FCC does not accept any application for authorization relating to a facility that is or would be located within the paging geographic area specified in that paging geographic area authorization, on the channel specified in that paging geographic area authorization, except in the following situations: (1) FCC grant of an application authorizing the construction of the facility could have a significant environmental effect as defined by § 1.1307 of this chapter. <E T="03">See</E> § 22.115(a)(5). (2) Specific international coordination procedures are required, prior to assignment of a channel to the facility, pursuant to a treaty or other agreement between the United States government and the government of Canada or Mexico. <E T="03">See</E> § 22.169. (3) The paging geographic area licensee or another licensee of a system within the paging geographic area applies to assign its authorization or for FCC consent to a transfer of control. (h) <E T="03">Adjacent geographic area coordination required.</E> Before constructing a facility for which the interfering contour (as defined in § 22.537 or § 22.567, as appropriate for the channel involved) would extend into another paging geographic area, a paging geographic area licensee must obtain the consent of the relevant co-channel paging geographic area licensee, if any, into whose area the interfering contour would extend. In the event that there is no co-channel paging geographic area licensee from whom to obtain consent in the area into which the interfering contour would extend, the facility may be constructed and operated subject to the condition that, at such time as the FCC issues a paging geographic area license for that adjacent geographic area, either consent must be obtained or the facility modified or eliminated such that the interfering contour no longer extends into the adjacent geographic area. (i) <E T="03">Protection of existing service.</E> All facilities constructed and operated pursuant to a paging geographic area authorization must provide co-channel interference protection in accordance with § 22.537 or § 22.567, as appropriate for the channel involved, to all co-channel facilities of other licensees within the paging geographic area that were authorized on May 12, 1997 and have remained authorized continuously since that date. (j) <E T="03">Site location restriction.</E> The transmitting antenna of each facility constructed and operated pursuant to a paging geographic area authorization must be located within the paging geographic area specified in the authorization. (k) <E T="03">Coverage requirements.</E> Failure by a paging geographic area licensee to meet either of the coverage requirements in paragraphs (k)(1) and (k)(2) of this section, or alternatively, the substantial service requirement in paragraph (k)(3) of this section, may result in automatic termination or non-renewal of a paging geographic area license. For the purpose of this paragraph, to “cover” area means to include geographic area within the composite of the service contour(s) determined by the methods of §§ 22.537 or 22.567, as appropriate for the particular channel involved. Licensees may determine the population of geographic areas included within their service contours using either the 1990 census or the 2000 census, but not both. (1) No later than three years after the initial grant of a paging geographic area authorization, the licensee must construct or otherwise acquire and operate sufficient facilities to cover one third of the population in the paging geographic area. The licensee must notify the FCC (FCC Form 489), no later than 15 days after the end of the three year period, either that it has satisfied this requirement or that it plans to satisfy the alternative requirement to provide substantial service in accordance with paragraph (k)(3) of this section. (2) No later than five years after the initial grant of a paging geographic area authorization, the licensee must construct or otherwise acquire and operate sufficient facilities to cover two <PRTPAGE P="146"/>thirds of the population in the paging geographic area. The licensee must notify the FCC (FCC Form 489), no later than 15 days after the end of the five year period, either that it has satisfied this requirement or that it has satisfied the alternative requirement to provide substantial service in accordance with paragraph (k)(3) of this section. (3) As an alternative to the coverage requirements of paragraphs (k)(1) and (k)(2) of this section, the paging geographic area licensee may demonstrate that, no later than five years after the initial grant of its paging geographic area authorization, it provides substantial service to the paging geographic area. “Substantial service” means service that is sound, favorable, and substantially above a level of mediocre service that would barely warrant renewal. <CITA>[62 FR 11633, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.507</SECTNO> <SUBJECT>Number of transmitters per station.</SUBJECT> This section concerns the number of transmitters licensed under each station authorization in the Paging and Radiotelephone Service, other than paging geographic area authorizations. (a) <E T="03">Operationally related transmitters.</E> Each station must have at least one transmitter. There is no limit to the number of transmitters that a station may comprise. However, transmitters within a station should be operationally related and/or should serve the same general geographical area. Operationally related transmitters are those that operate together as a system (<E T="03">e.g.</E>, trunked systems, simulcast systems), rather than independently. (b) <E T="03">Split of large systems.</E> The FCC may split wide-area systems into two or more stations for administrative convenience. Except for nationwide paging and other operationally related transmitters, transmitters that are widely separated geographically are not licensed under a single authorization. (c) <E T="03">Consolidation of separate stations.</E> The FCC may consolidate separately authorized stations upon request (FCC Form 600) of the licensee, if appropriate under paragraph (a) of this section. (d) <E T="03">Replacement of site-by-site authorizations with single authorization.</E> After a paging geographic area authorization for a channel has been issued, the FCC may, on its own motion, replace the authorization(s) of any other licensee (for facilities located within that paging geographic area on that channel) with a single replacement authorization. <CITA>[62 FR 11634, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.509</SECTNO> <SUBJECT>Procedures for mutually exclusive applications in the Paging and Radiotelephone Service.</SUBJECT> Mutually exclusive applications in the Paging and Radiotelephone Service, including those that are mutually exclusive with applications in the Rural Radiotelephone Service, are processed in accordance with § 22.131 and with this section. (a) Applications in the Paging and Radiotelephone Service may be mutually exclusive with applications in the Rural Radiotelephone Service if they seek authorization to operate facilities on the same channel in the same area, or the technical proposals are otherwise in conflict. See § 22.567. (b) A modification application in either service filed on the earliest filing date may cause all later-filed mutually exclusive applications of any type in either service to be “cut off” (excluded from a same-day filing group) and dismissed, pursuant to § 22.131(c)(3)(ii) and § 22.131(c)(4). (c) Competitive bidding will not be used as a selection procedure for any filing group that contains one or more applications for facilities in the Rural Radio Service. If a settlement between the applicants cannot be reached in a reasonable time, the applications may be designated for comparative consideration in a hearing. See § 22.131(c)(4)(ii). <CITA>[59 FR 59956, Nov. 21, 1994; as amended at 61 FR 54099, Oct. 17, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.511</SECTNO> <SUBJECT>Construction period for the Paging and Radiotelephone Service.</SUBJECT> The construction period for stations in the Paging and Radiotelephone Service is one year. </SECTION> <SECTION> <SECTNO>§ 22.515</SECTNO> <SUBJECT>Permissible communications paths.</SUBJECT> Mobile stations may communicate only with and through base stations. <PRTPAGE P="147"/>Base stations may communicate only with mobile stations and receivers on land or surface vessels. </SECTION> <SECTION> <SECTNO>§ 22.527</SECTNO> <SUBJECT>Signal boosters.</SUBJECT> Licensees may install and operate signal boosters on channels listed in § 22.531 only in accordance with the provisions of § 22.165 governing additional transmitters for existing systems. Licensees must not allow any signal booster that they operate to cause interference to the service or operation of any other authorized stations or systems. <CITA>[61 FR 31051, June 19, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.529</SECTNO> <SUBJECT>Application requirements for the Paging and Radiotelephone Service.</SUBJECT> In addition to information required by subparts B and D of this part, applications for authorization in the Paging and Radiotelephone Service must contain the applicable information and data described in this section. (a) <E T="03">Administrative information.</E> The following information, associated with Form FCC 600, Schedule A, is required as indicated. Each application of any type, including applications for paging geographic area authorizations, must contain one and only one Schedule A. (1) The purpose of the filing is required for each application of any type. (2) The geographic area designator, channel and geographic area name are required only for each application for a paging geographic area authorization. (3) The FCC control point number, if any, the location (street address, city or town, state), the telephone number and an indication of the desired database action are required only for each application proposing to add or delete a control point. (4) The FCC location number, file number and location (street address, city or town, state) of authorized facilities that have not been constructed are required only for each application requesting an extension of time to construct those facilities. (b) <E T="03">Technical data.</E> The following data, associated with FCC Form 600, Schedule B, are required as indicated for each application that is not an application for a paging geographic area authorization. Applications for a paging geographic area authorization must not contain Schedule B. Other type of applications may contain as many Schedule Bs as are necessary for the intended purpose. (1) For each transmitting antenna site to be added, deleted or modified, the following are required: An indication of the desired database action, the FCC location number, if any, the street address or other description of the transmitting antenna site, the city, county and state, the geographical coordinates (latitude and longitude), correct to <E T="61">±</E>1 second, of the transmitting antenna site (NAD 27 required, NAD 83 optional), and in the case of a proposed relocation of a transmitting antenna, the FCC location number and geographical coordinates, correct to <E T="61">±</E>1 second, of the current transmitting antenna site, and an indication of the datum (NAD 27 or NAD 83) to which the geographical coordinates of the current location are referenced. (2) For each transmitting antenna site to be added, deleted or modified, the following supplementary information is required: An indication as to whether or not the transmitting antenna site is within 200 kilometers (124 miles) of the U.S.-Mexico border, and an indication as to whether or not the transmitting antenna site is North of Line A or East of Line C. Line A and Line C are defined in § 2.1 of this chapter. For each adjacent geographic area within 200 kilometers (124 miles) of each transmitting antenna site to be added, deleted or modified, the geographic area designator and name, and the shortest distance (in kilometers) to the boundary of that geographic area. (3) For each antenna to be added, deleted or modified, the following is required: An indication of the desired database action, an indication of whether the antenna already exists or is merely proposed, the FCC antenna number, if any, the type of antenna (<E T="03">e.g.</E>, collinear, Yagi, half-wave, corner reflector, panel, etc.), the name of the antenna manufacturer and the model number of the antenna, the height (in meters) above average terrain of the center of radiation of the antenna, the beamwidth of the main lobe of the horizontal radiation pattern of the electric <PRTPAGE P="148"/>field of the antenna, the height (in meters) to the tip of the antenna above ground level, a polar plot of the horizontal gain pattern of the antenna, the antenna gain in the maximum lobe and the electric field polarization of the wave emitted by the antenna when installed as proposed. (i) For each transmitter to be added, deleted or modified, the following is required: the FCC transmitter number, if any, an indication of the desired database action, the center frequency of the requested channel, the transmitter classification (e.g. base, fixed mobile), the designator for any non-standard emission type to be used, including bandwidth and modulation type, and the maximum effective radiated power. (ii) For each of the eight cardinal radials, the antenna height above the average elevation along the radial, and the effective radiated power of each transmitter in the direction of the radial. (iii) For each transmitter proposed to transmit on a channel reserved for point-to-multipoint operation involving transmission to four or more points of communications (i.e. base transmitters), the following is required for each point of communication: an indication of the desired database action, the FCC transmitter number or other key indicator (<E T="03">e.g.</E>, I, II, III, IV), the location (city or town, state), and the geographical coordinates (latitude and longitude, NAD 27). <CITA>[62 FR 11635, Mar. 12, 1997]</CITA> </SECTION> <SUBJGRP> <HD SOURCE="HED">Paging Operation</HD> <SECTION> <SECTNO>§ 22.531</SECTNO> <SUBJECT>Channels for paging operation.</SUBJECT> The following channels are allocated for assignment to base transmitters that provide paging service, either individually or collectively under a paging geographic area authorization. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. <GPOTABLE CDEF="xl10,xl10,xl10,xl10" COLS="4" OPTS="L0,7/8,g1,t1,i1"> <ROW EXPSTB="03"> <ENT I="21">Low VHF Channels </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">35.20 </ENT> <ENT>35.46 </ENT> <ENT>43.20 </ENT> <ENT>43.46</ENT> </ROW> <ROW> <ENT I="01">35.22 </ENT> <ENT>35.50 </ENT> <ENT>43.22 </ENT> <ENT>43.50</ENT> </ROW> <ROW> <ENT I="01">35.24 </ENT> <ENT>35.54 </ENT> <ENT>43.24 </ENT> <ENT>43.54</ENT> </ROW> <ROW> <ENT I="01">35.26 </ENT> <ENT>35.56 </ENT> <ENT>43.26 </ENT> <ENT>43.56</ENT> </ROW> <ROW> <ENT I="01">35.30 </ENT> <ENT>35.58 </ENT> <ENT>43.30 </ENT> <ENT>43.58</ENT> </ROW> <ROW> <ENT I="01">35.34 </ENT> <ENT>35.60 </ENT> <ENT>43.34 </ENT> <ENT>43.60</ENT> </ROW> <ROW> <ENT I="01">35.38 </ENT> <ENT>35.62 </ENT> <ENT>43.38 </ENT> <ENT>43.62</ENT> </ROW> <ROW> <ENT I="01">35.42 </ENT> <ENT>35.66 </ENT> <ENT>43.42 </ENT> <ENT>43.66 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">High VHF Channels </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">152.24</ENT> <ENT>152.84</ENT> <ENT>158.10</ENT> <ENT>158.70 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">UHF Channels </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">931.0125 </ENT> <ENT>931.2625 </ENT> <ENT>931.5125 </ENT> <ENT>931.7625</ENT> </ROW> <ROW> <ENT I="01">931.0375 </ENT> <ENT>931.2875 </ENT> <ENT>931.5375 </ENT> <ENT>931.7875</ENT> </ROW> <ROW> <ENT I="01">931.0625 </ENT> <ENT>931.3125 </ENT> <ENT>931.5625 </ENT> <ENT>931.8125</ENT> </ROW> <ROW> <ENT I="01">931.0875 </ENT> <ENT>931.3375 </ENT> <ENT>931.5875 </ENT> <ENT>931.8375</ENT> </ROW> <ROW> <ENT I="01">931.1125 </ENT> <ENT>931.3625 </ENT> <ENT>931.6125 </ENT> <ENT>931.8625</ENT> </ROW> <ROW> <ENT I="01">931.1375 </ENT> <ENT>931.3875 </ENT> <ENT>931.6375 </ENT> <ENT>931.8875</ENT> </ROW> <ROW> <ENT I="01">931.1625 </ENT> <ENT>931.4125 </ENT> <ENT>931.6625 </ENT> <ENT>931.9125</ENT> </ROW> <ROW> <ENT I="01">931.1875 </ENT> <ENT>931.4375 </ENT> <ENT>931.6875 </ENT> <ENT>931.9375</ENT> </ROW> <ROW> <ENT I="01">931.2125 </ENT> <ENT>931.4625 </ENT> <ENT>931.7125 </ENT> <ENT>931.9625</ENT> </ROW> <ROW> <ENT I="01">931.2375 </ENT> <ENT>931.4875 </ENT> <ENT>931.7375 </ENT> <ENT>931.9875</ENT> </ROW> </GPOTABLE> (a) The 43 MHz channels may be assigned under developmental authorizations, pursuant to the requirements of § 22.411. (b) Channels 931.8875, 931.9125, and 931.9375 MHz may be assigned only to transmitters providing nationwide network paging service. (c) Upon application (FCC Form 600), common carriers may be authorized to provide one-way paging service using the leased subcarrier facilities of broadcast stations licensed under part 73 of this chapter. (d) Occasionally in case law and other formal and informal documents, the low VHF channels have been referred to as “lowband” channels, and the high VHF channels have been referred to as “guardband” channels. (e) Pursuant to the U.S.-Canada Interim Coordination Considerations for 929-932 MHz, as amended, only the following UHF channels may be assigned in the continental United States North of Line A or in the State of Alaska East of Line C, within the indicated longitudes: (1) From longitude W.73° to longitude W.75° and from longitude W.78° to longitude W.81°: <GPOTABLE CDEF="xl10,xl10,xl10,xl10" COLS="4" OPTS="L0,7/8,g1,t1,i1"> <ROW> <ENT I="01">931.0125</ENT> <ENT>931.1125</ENT> <ENT>931.1875</ENT> <ENT>931.2625</ENT> </ROW> <ROW> <ENT I="01">931.0375</ENT> <ENT>931.1375</ENT> <ENT>931.2125</ENT> <ENT>931.8625</ENT> </ROW> <ROW> <ENT I="01">931.0625</ENT> <ENT>931.1625</ENT> <ENT>931.2375</ENT> </ROW> </GPOTABLE> (2) From longitude W.81° to longitude W.85°: <GPOTABLE CDEF="xl10,xl10,xl10,xl10" COLS="4" OPTS="L0,7/8,g1,t1,i1"> <ROW> <ENT I="01">931.0125</ENT> <ENT>931.2125</ENT> <ENT>931.3875</ENT> <ENT>931.5875</ENT> </ROW> <ROW> <ENT I="01">931.0375</ENT> <ENT>931.2375</ENT> <ENT>931.4125</ENT> <ENT>931.6125</ENT> </ROW> <ROW> <ENT I="01">931.0625</ENT> <ENT>931.2625</ENT> <ENT>931.4625</ENT> <ENT>931.6375</ENT> </ROW> <ROW> <ENT I="01">931.1125</ENT> <ENT>931.2875</ENT> <ENT>931.4875</ENT> <ENT>931.8625</ENT> </ROW> <ROW> <ENT I="01">931.1375</ENT> <ENT>931.3125</ENT> <ENT>931.5125</ENT> </ROW> <ROW> <ENT I="01">931.1625</ENT> <ENT>931.3375</ENT> <ENT>931.5375</ENT> </ROW> <ROW> <ENT I="01">931.1875</ENT> <ENT>931.3625</ENT> <ENT>931.5625</ENT> </ROW> </GPOTABLE> <PRTPAGE P="149"/> (3) Longitudes other than specified in paragraphs (e)(1) and (e)(2) of this section: <GPOTABLE CDEF="xl10,xl10,xl10,xl10" COLS="4" OPTS="L0,7/8,g1,t1,i1"> <ROW> <ENT I="01">931.0125</ENT> <ENT>931.1625</ENT> <ENT>931.2875</ENT> <ENT>931.4125</ENT> </ROW> <ROW> <ENT I="01">931.0375</ENT> <ENT>931.1875</ENT> <ENT>931.3125</ENT> <ENT>931.4625</ENT> </ROW> <ROW> <ENT I="01">931.0625</ENT> <ENT>931.2125</ENT> <ENT>931.3375</ENT> <ENT>931.8625</ENT> </ROW> <ROW> <ENT I="01">931.1125</ENT> <ENT>931.2375</ENT> <ENT>931.3625</ENT> </ROW> <ROW> <ENT I="01">931.1375</ENT> <ENT>931.2625</ENT> <ENT>931.3875</ENT> </ROW> </GPOTABLE> (4) At any longitude, with authorization condition requiring coordinated, shared use and equal access by licensees in both countries: <GPOTABLE CDEF="xl10,xl10,xl10,xl10" COLS="4" OPTS="L0,7/8,g1,t1,i1"> <ROW> <ENT I="01">931.4375</ENT> <ENT>931.8875</ENT> <ENT>931.9125</ENT> <ENT>931.9375</ENT> </ROW> </GPOTABLE> (f) For the purpose of issuing paging geographic area authorizations, the paging geographic areas used for the UHF channels are the MTAs (<E T="03">see</E> § 22.503(b)(2)), and the paging geographic areas used for the low and high VHF channels are the EAs (<E T="03">see</E> § 22.503(b)(3)). <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 62 FR 11635, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.535</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> The effective radiated power (ERP) of transmitters operating on the channels listed in § 22.531 must not exceed the limits in this section. (a) <E T="03">Maximum ERP.</E> The ERP must not exceed the applicable limits in this paragraph under any circumstances. <GPOTABLE CDEF="s25,10" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Frequency range (MHz)</CHED> <CHED H="1">Maximum ERP (Watts)</CHED> </BOXHD> <ROW> <ENT I="01">35-36</ENT> <ENT>600</ENT> </ROW> <ROW> <ENT I="01">43-44</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="01">152-159</ENT> <ENT>1400</ENT> </ROW> <ROW> <ENT I="01">931-932</ENT> <ENT>3500</ENT> </ROW> </GPOTABLE> (b) <E T="03">Basic power limit.</E> Except as provided in paragraph (d) of this section, the ERP of transmitters on the VHF channels must not exceed 500 Watts. (c) <E T="03">Height-power limit.</E> Except as provided in paragraph (d) of this section, the ERP of transmitters on the VHF channels must not exceed the amount that would result in an average distance to the service contour of 32.2 kilometers (20 miles). The average distance to the service contour is calculated by taking the arithmetic mean of the distances determined using the procedures specified in § 22.537 for the eight cardinal radial directions, excluding cardinal radial directions for which 90% or more of the distance so calculated is over water. (d) <E T="03">Encompassed interfering contour areas.</E> Transmitters are exempt from the basic power and height-power limits of this section if the area within their interfering contours is totally encompassed by the interfering contours of operating co-channel base transmitters controlled by the same licensee. For the purpose of this paragraph, operating transmitters are authorized transmitters that are providing service to subscribers. (e) <E T="03">Adjacent channel protection.</E> The ERP of transmitters must not exceed 500 Watts if they: (1) Transmit on a channel in the 152-159 MHz frequency range and are located less than 5 kilometers (3.1 miles) from any station licensed in the Private Radio Services that receives on an adjacent channel; or, (2) Transmit on channel 158.10 or 158.70 MHz and are located less than 5 kilometers (3.1 miles) from any station licensed in the Public Mobile Services that receives on either of the following adjacent channels: 158.07 MHz or 158.67 MHz. (f) <E T="03">Signal boosters.</E> The effective radiated power of signal boosters must not exceed 5 watts ERP under any normal operating condition. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.537</SECTNO> <SUBJECT>Technical channel assignment criteria.</SUBJECT> The rules in this section establish technical assignment criteria for the channels listed in § 22.531. These criteria permit channel assignments to be made in a manner such that reception by public paging receivers of signals from base transmitters, within the service area of such base transmitters, is protected from interference caused by the operation of independent co-channel base transmitters. (a) <E T="03">Contour overlap.</E> The FCC may grant an application requesting assignment of a channel to a proposed base transmitter only if: (1) The interfering contour of the proposed transmitter does not overlap the service contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless <PRTPAGE P="150"/>that carrier has agreed in writing to accept any interference that may result from operation of the proposed transmitter; and, (2) The service contour of the proposed transmitter does not overlap the interfering contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless the applicant agrees to accept any interference that may result from operation of the protected co-channel transmitter; and, (3) The area and/or population to which service would be provided by the proposed transmitter is substantial, and service gained would exceed that lost as a result of agreements to accept interference. (b) <E T="03">Protected transmitter.</E> For the purposes of this section, protected transmitters are authorized transmitters for which there is a current FCC public record and transmitters proposed in prior-filed pending applications. (c) <E T="03">VHF service contour.</E> For paging stations transmitting on the VHF channels, the distance from the transmitting antenna to the service contour along each cardinal radial is calculated as follows: <FP SOURCE="FP-2">d=1.243×h<E T="51">0.40</E>×p<E T="51">0.20</E> </FP> <FP SOURCE="FP-2">where d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. (2) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever is more. (3) The distance from the transmitting antenna to the service contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the service contour using the formula in paragraph (c) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. (d) <E T="03">VHF interfering contour.</E> For paging stations transmitting on the VHF channels, the distance from the transmitting antenna to the interfering contour along each cardinal radial is calculated as follows: <FP SOURCE="FP-2">d=6.509×h<E T="51">0.28</E>×p<E T="51">0.17</E> </FP> <FP SOURCE="FP-2">where d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. (2) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever is more. (3) The distance from the transmitting antenna to the interfering contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. In resolving petitions to deny, however, the FCC may calculate the distance to the interfering contour using the formula in paragraph (d) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. (e) <E T="03">931 MHz service contour.</E> For paging stations transmitting on the 931 MHz channels, the service contour is a circle, centered on the transmitting antenna, with a radius determined from Table E-1 of this section. <GPOTABLE CDEF="s100,10,10,10,10,10,10" COLS="7" OPTS="L2,i1"> <TTITLE>Table E-1.—931 MHz Paging Service Radii</TTITLE> <BOXHD> <CHED H="1">Service radius km (miles)</CHED> <CHED H="2">Antenna HAAT meters (feet)</CHED> <CHED H="1">Effective radiated power (Watts)</CHED> <CHED H="2">0-125</CHED> <CHED H="2">126-250</CHED> <CHED H="2">251-500</CHED> <CHED H="2">501-1000</CHED> <CHED H="2">1001-1860</CHED> <CHED H="2">1861-3500</CHED> </BOXHD> <ROW> <ENT I="01">0-177 </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20)</ENT> </ROW> <ROW> <ENT I="11">(0-581)</ENT> </ROW> <ROW> <ENT I="01">178-305 </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>37.0 (23) </ENT> <ENT>41.8 (26)</ENT> </ROW> <ROW> <ENT I="22">(582-1001)</ENT> </ROW> <ROW> <ENT I="01">306-427 </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>37.0 (23) </ENT> <ENT>41.8 (26) </ENT> <ENT>56.3 (35) </ENT> <ENT>56.3 (35)</ENT> </ROW> <ROW> <PRTPAGE P="151"/> <ENT I="22">(1002-1401)</ENT> </ROW> <ROW> <ENT I="01">428-610 </ENT> <ENT>32.2 (20) </ENT> <ENT>37.0 (23) </ENT> <ENT>41.8 (26) </ENT> <ENT>56.3 (35) </ENT> <ENT>56.3 (35) </ENT> <ENT>56.3 (35)</ENT> </ROW> <ROW> <ENT I="22">(1402-2001)</ENT> </ROW> <ROW> <ENT I="01">611-861 </ENT> <ENT>37.0 (23) </ENT> <ENT>41.8 (26) </ENT> <ENT>41.8 (26) </ENT> <ENT>56.3 (35) </ENT> <ENT>83.7 (52) </ENT> <ENT>83.7 (52)</ENT> </ROW> <ROW> <ENT I="22">(2002-2825)</ENT> </ROW> <ROW> <ENT I="01">862-1219 </ENT> <ENT>41.8 (26) </ENT> <ENT>56.3 (35) </ENT> <ENT>56.3 (35) </ENT> <ENT>83.7 (52) </ENT> <ENT>83.7 (52) </ENT> <ENT>83.7 (52)</ENT> </ROW> <ROW> <ENT I="22">(2826-3999)</ENT> </ROW> <ROW> <ENT I="01">1220+ </ENT> <ENT>56.3 (35) </ENT> <ENT>56.3 (35) </ENT> <ENT>83.7 (52) </ENT> <ENT>83.7 (52) </ENT> <ENT>83.7 (52) </ENT> <ENT>83.7 (52)</ENT> </ROW> <ROW> <ENT I="22">(4000+)</ENT> </ROW> </GPOTABLE> (f) <E T="03">931 MHz interfering contour.</E> For paging stations transmitting on the 931 MHz channels, the interfering contour is a circle, centered on the transmitting antenna, with a radius determined from Table E-2 of this section. <GPOTABLE CDEF="s10,10,10,10,10,10,10" COLS="7" OPTS="L2,i1"> <TTITLE>Table E-2.—931 MHz Paging Interfering Radii</TTITLE> <BOXHD> <CHED H="1">Interfering radius km (miles)</CHED> <CHED H="2">Antenna HAAT meters (feet)</CHED> <CHED H="1">Effective radiated power (Watts)</CHED> <CHED H="2">0-125</CHED> <CHED H="2">126-250</CHED> <CHED H="2">251-500</CHED> <CHED H="2">501-1000</CHED> <CHED H="2">1001-1860</CHED> <CHED H="2">1861-3500</CHED> </BOXHD> <ROW> <ENT I="01">0-177 </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50)</ENT> </ROW> <ROW> <ENT I="22">(0-581)</ENT> </ROW> <ROW> <ENT I="01">178-305 </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>88.5 (55) </ENT> <ENT>96.6 (60)</ENT> </ROW> <ROW> <ENT I="22">(582-1001)</ENT> </ROW> <ROW> <ENT I="01">306-427 </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>88.5 (55) </ENT> <ENT>96.6 (60) </ENT> <ENT>130.4 (81) </ENT> <ENT>130.4 (81)</ENT> </ROW> <ROW> <ENT I="22">(1002-1401)</ENT> </ROW> <ROW> <ENT I="01">428-610 </ENT> <ENT>80.5 (50) </ENT> <ENT>88.5 (55) </ENT> <ENT>96.6 (60) </ENT> <ENT>130.4 (81) </ENT> <ENT>130.4 (81) </ENT> <ENT>130.4 (81)</ENT> </ROW> <ROW> <ENT I="22">(1402-2001)</ENT> </ROW> <ROW> <ENT I="01">611-861 </ENT> <ENT>88.5 (55) </ENT> <ENT>96.6 (60) </ENT> <ENT>96.6 (60) </ENT> <ENT>130.4 (81) </ENT> <ENT>191.5 (119) </ENT> <ENT>191.5 (119)</ENT> </ROW> <ROW> <ENT I="22">(2002-2825)</ENT> </ROW> <ROW> <ENT I="01">862-1219 </ENT> <ENT>96.6 (60) </ENT> <ENT>130.4 (81) </ENT> <ENT>130.4 (81) </ENT> <ENT>191.5 (119) </ENT> <ENT>191.5 (119) </ENT> <ENT>191.5 (119)</ENT> </ROW> <ROW> <ENT I="22">(2826-3999)</ENT> </ROW> <ROW> <ENT I="22">1220+</ENT> </ROW> <ROW> <ENT I="01">(4000+) </ENT> <ENT>130.4 (81) </ENT> <ENT>130.4 (81) </ENT> <ENT>191.5 (119) </ENT> <ENT>191.5 (119) </ENT> <ENT>191.5 (119) </ENT> <ENT>191.5 (119)</ENT> </ROW> </GPOTABLE> (g) <E T="03">In-building radiation systems</E>. The locations of in-building radiation systems must be within the service contour(s) of the licensee's authorized transmitter(s) on the same channel. In-building radiation systems are not protected facilities, and therefore do not have service or interfering contours. (h) <E T="03">Signal boosters on 931 MHz channels.</E> For the purpose of compliance with § 22.165 and notwithstanding paragraphs (e) and (f) of this section, signal boosters operating on the 931 MHz channels with an antenna HAAT not exceeding 30 meters (98 feet) are deemed to have as a service contour a circle with a radius of 1.0 kilometer (0.6 mile) and as an interfering contour a circle with a radius of 10 kilometers (6.2 miles). <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.539</SECTNO> <SUBJECT>Additional channel policies.</SUBJECT> The rules in this section govern the processing of applications for a paging channel when the applicant has applied for or been granted an authorization for other paging channels in the same geographic area. This section applies to applications proposing to use the channels listed in § 22.531, excluding the nationwide network paging channels and broadcast station subcarriers, or the channels listed in § 22.561, where the application proposes to use those channels to provide paging service only. The general policy of the FCC is to assign one paging channel in an area to a carrier per application cycle. That is, a carrier must apply for one paging channel, receive the authorization, construct the station, provide service to subscribers, and notify the FCC of commencement of service to subscribers <PRTPAGE P="152"/>(FCC Form 489) before applying for an additional paging channel in that area. (a) <E T="03">VHF transmitters in same area.</E> Any transmitter on any VHF channel listed in § 22.531 is considered to be in the same geographic area as another transmitter on any other VHF channel listed in § 22.531 if: (1) One transmitter location is within the service area of the other transmitter; or, (2) The area within the overlap of the service contours of the two transmitters constitutes 50 percent or more of the service area of either of the transmitters. (b) <E T="03">931 MHz transmitters in same area.</E> Any transmitter on any 931 MHz channel is considered to be in the same geographic area as another transmitter on any channel listed in § 22.531 if it is located less than 64.4 kilometers (40 miles) from the transmitter. Likewise, any transmitter on any channel listed in § 22.531 is considered to be in the same geographic area as another transmitter on any 931 MHz channel if it is located less than 64.4 kilometers (40 miles) from that transmitter. (c) <E T="03">Initial channel.</E> The FCC will not assign more than one channel for new paging stations. Paging stations are considered to be new if there are no authorized transmitters on any channel listed in § 22.531 controlled by the applicant in the same geographic area. (d) <E T="03">Additional channel.</E> Applications for transmitters to be located in the same geographic area as an authorized station controlled by the applicant, but to operate on a different channel, are considered as requesting an additional channel for the authorized station, unless paragraph (e) of this section applies. (e) <E T="03">Additional transmitters on same channel.</E> Notwithstanding other provisions of this section, the following applications are not considered to be requests for an additional paging channel: (1) Applications for transmitters to be located in the same geographic area as an authorized station controlled by the applicant, and to operate on the same paging channel; (2) Applications for transmitters to be located within a paging geographic area for which the applicant holds the paging geographic area authorization for the requested channel; and, (3) Applications for paging geographic area authorizations. (f) <E T="03">Amendment of pending application.</E> If the FCC receives and accepts for filing an application for a transmitter to be located in the same geographic area as a transmitter proposed in a pending application previously filed by the applicant, but on a different channel, the subsequent application is considered as a major amendment to change the technical proposal of the prior application, unless paragraph (e) applies. The filing date of any application so amended is the date the FCC received the subsequent application. (g) <E T="03">Dismissal of premature applications for additional channel.</E> If the FCC receives an application requesting an additional channel for an authorized station prior to receiving notification that the station is providing service to subscribers on the authorized channel(s), the FCC may dismiss that application without prejudice in accordance with § 22.128. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11635, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.551</SECTNO> <SUBJECT>Nationwide network paging service.</SUBJECT> The rules in this section govern the application for and provision of nationwide network paging service on the channels reserved specifically for such service in § 22.531(b). (a) <E T="03">Nationwide network providers; organizers.</E> If and when a nationwide network paging channel becomes available for assignment, the FCC will issue a Public Notice inviting applications from eligibles seeking to provide or organize a nationwide network paging service. The Public Notice will provide complete details regarding application requirements and procedures. (b) <E T="03">Licensing</E>. The FCC may issue a paging geographic area authorization to the nationwide network provider or organizer. All transmissions of nationwide network messages on the channels reserved for such service in § 22.531(b) are authorized solely under the authorization(s) of the nationwide network provider or organizer, notwithstanding whether or not the messages pass <PRTPAGE P="153"/>through facilities owned, operated or licensed to affiliated local carriers. <CITA>[62 FR 11636, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.559</SECTNO> <SUBJECT>Paging application requirements.</SUBJECT> In addition to information required by subparts B and D and § 22.529, applications for authorization to operate a paging transmitter on the channels listed in § 22.531, other than applications for a paging geographic area authorization, must contain the applicable supplementary information described in this section. (a) <E T="03">Interference exhibit.</E> Except as provided in paragraph (b) of this section, an exhibit demonstrating compliance with § 22.537 with regard to protected transmitters is required for applications to operate a transmitter on the VHF channels. This exhibit must: (1) Identify each protected transmitter located within 109 kilometers (68 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 76.5 kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 76.5 kilometers (47.5 miles). (2) For each protected transmitter identified, show the results of distance calculations indicating that there would be no overlap of service and interfering contours, or alternatively, indicate that the licensee of or applicant for the protected transmitter and/or the applicant, as required, have agreed in writing to accept any interference resulting from operation of the proposed transmitter. (b) <E T="03">Encompassment exhibit.</E> An exhibit showing that the area within the interfering contour of the proposed transmitter would be totally encompassed by interfering contours of operating co-channel base transmitters controlled by the applicant is required for applications to operate a transmitter with ERP exceeding the basic power and height-power limits of § 22.535. For VHF transmitters, this encompassment exhibit may substitute for the interference exhibit required in paragraph (a) of this section. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">One-way or Two-way Mobile Operation</HD> <SECTION> <SECTNO>§ 22.561</SECTNO> <SUBJECT>Channels for one-way or two-way mobile operation.</SUBJECT> The following channels are allocated for paired assignment to transmitters that provide (or support other transmitters that provide) one-way or two-way public land mobile service, either individually or collectively under a paging geographic area authorization. The paging geographic areas used for these channels are the EAs (<E T="03">see</E> § 22.503(b)(3)). These channels may be assigned for use by mobile or base transmitters as indicated, and or by fixed transmitters (including control, repeater or other fixed transmitters). The mobile channels may also be assigned for use by base or fixed transmitters under certain circumstances (<E T="03">see</E> § 22.567(h)). Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. <GPOTABLE CDEF="s15,xl10,r15,xl10" COLS="4" OPTS="L1,b0,p7,7/8,i1"> <BOXHD> <CHED H="1">Base</CHED> <CHED H="1">Mobile</CHED> <CHED H="1">Base</CHED> <CHED H="1">Mobile</CHED> </BOXHD> <ROW EXPSTB="03" RUL="s"> <ENT I="21"> <E T="02">VHF Channels</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">152.03</ENT> <ENT>158.49 </ENT> <ENT>152.57</ENT> <ENT>157.83</ENT> </ROW> <ROW> <ENT I="01">152.06</ENT> <ENT>158.52 </ENT> <ENT>152.60</ENT> <ENT>157.86</ENT> </ROW> <ROW> <ENT I="01">152.09</ENT> <ENT>158.55 </ENT> <ENT>152.63</ENT> <ENT>157.89</ENT> </ROW> <ROW> <ENT I="01">152.12</ENT> <ENT>158.58 </ENT> <ENT>152.66</ENT> <ENT>157.92</ENT> </ROW> <ROW> <ENT I="01">152.15</ENT> <ENT>158.61 </ENT> <ENT>152.69</ENT> <ENT>157.95</ENT> </ROW> <ROW> <ENT I="01">152.18</ENT> <ENT>158.64 </ENT> <ENT>152.72</ENT> <ENT>157.98</ENT> </ROW> <ROW> <ENT I="01">152.21</ENT> <ENT>158.67 </ENT> <ENT>152.75</ENT> <ENT>158.01</ENT> </ROW> <ROW> <ENT I="01">152.51</ENT> <ENT>157.77 </ENT> <ENT>152.78</ENT> <ENT>158.04</ENT> </ROW> <ROW RUL="s"> <ENT I="01">152.54</ENT> <ENT>157.80 </ENT> <ENT>152.81</ENT> <ENT>158.07 </ENT> </ROW> <ROW EXPSTB="03" RUL="s"> <ENT I="21"> <E T="02">UHF Channels</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">454.025</ENT> <ENT>459.025 </ENT> <ENT>454.350</ENT> <ENT>459.350</ENT> </ROW> <ROW> <ENT I="01">454.050</ENT> <ENT>459.050 </ENT> <ENT>454.375</ENT> <ENT>459.375</ENT> </ROW> <ROW> <ENT I="01">454.075</ENT> <ENT>459.075 </ENT> <ENT>454.400</ENT> <ENT>459.400</ENT> </ROW> <ROW> <ENT I="01">454.100</ENT> <ENT>459.100 </ENT> <ENT>454.425</ENT> <ENT>459.425</ENT> </ROW> <ROW> <ENT I="01">454.125</ENT> <ENT>459.125 </ENT> <ENT>454.450</ENT> <ENT>459.450</ENT> </ROW> <ROW> <ENT I="01">454.150</ENT> <ENT>459.150 </ENT> <ENT>454.475</ENT> <ENT>459.475</ENT> </ROW> <ROW> <ENT I="01">454.175</ENT> <ENT>459.175 </ENT> <ENT>454.500</ENT> <ENT>459.500</ENT> </ROW> <ROW> <ENT I="01">454.200</ENT> <ENT>459.200 </ENT> <ENT>454.525</ENT> <ENT>459.525</ENT> </ROW> <ROW> <ENT I="01">454.225</ENT> <ENT>459.225 </ENT> <ENT>454.550</ENT> <ENT>459.550</ENT> </ROW> <ROW> <ENT I="01">454.250</ENT> <ENT>459.250 </ENT> <ENT>454.575</ENT> <ENT>459.575</ENT> </ROW> <ROW> <ENT I="01">454.275</ENT> <ENT>459.275 </ENT> <ENT>454.600</ENT> <ENT>459.600</ENT> </ROW> <ROW> <ENT I="01">454.300</ENT> <ENT>459.300 </ENT> <ENT>454.625</ENT> <ENT>459.625</ENT> </ROW> <ROW> <ENT I="01">454.325</ENT> <ENT>459.325 </ENT> <ENT>454.650</ENT> <ENT>459.650</ENT> </ROW> </GPOTABLE> <PRTPAGE P="154"/> <CITA>[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995, as amended at 62 FR 11636, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.563</SECTNO> <SUBJECT>Provision of rural radiotelephone service upon request.</SUBJECT> Channels in the frequency ranges 152.03-152.81, 157.77-158.67, 454.025-454.650 and 459.025-459.650 MHz, inclusive, are also allocated for assignment in the Rural Radiotelephone Service. Stations in the Paging and Radiotelephone Service that provide two-way public mobile service on these channels must also provide rural radiotelephone service upon request from a subscriber. </SECTION> <SECTION> <SECTNO>§ 22.565</SECTNO> <SUBJECT>Transmitting power limits.</SUBJECT> The transmitting power of base, mobile and fixed transmitters operating on the channels listed in § 22.561 must not exceed the limits in this section. (a) <E T="03">Maximum ERP.</E> The effective radiated power (ERP) of base and fixed transmitters must not exceed the applicable limits in this paragraph under any circumstances. <GPOTABLE CDEF="s25,10" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Frequency range (MHz)</CHED> <CHED H="1">Maximum ERP (watts)</CHED> </BOXHD> <ROW> <ENT I="01">152-153 </ENT> <ENT>1400</ENT> </ROW> <ROW> <ENT I="01">157-159 </ENT> <ENT>150</ENT> </ROW> <ROW> <ENT I="01">454-455 </ENT> <ENT>3500</ENT> </ROW> <ROW> <ENT I="01">459-460 </ENT> <ENT>150</ENT> </ROW> </GPOTABLE> (b) <E T="03">Basic power limit.</E> Except as provided in paragraph (d) of this section, the ERP of base transmitters must not exceed 500 Watts. (c) <E T="03">Height-power limits.</E> Except as provided in paragraph (d) of this section, the ERP of base transmitters must not exceed the amount that would result in an average distance to the service contour of 41.6 kilometers (26 miles) for VHF channels or 30.7 kilometers (19 miles) for UHF channels. The average distance to the service contour is calculated by taking the arithmetic mean of the distances determined using the procedures specified in § 22.567 for the eight cardinal radial directions, excluding cardinal radial directions for which 90% or more of the distance so calculated is over water. (d) <E T="03">Encompassed interfering contour areas.</E> Base transmitters are exempt from the basic power and height-power limits of this section if the area within their interfering contours is totally encompassed by the interfering contours of operating co-channel based transmitters controlled by the same licensee. For the purpose of this paragraph, operating transmitters are authorized transmitters that are providing service to subscribers. (e) <E T="03">Adjacent channel protection.</E> The ERP of base and fixed transmitters must not exceed 500 Watts if they transmit on channel 454.025 MHz and are located less than 7 kilometers (4.3 miles) from any Private Radio Services station receiving on adjacent channel 454.0000 MHz. (f) <E T="03">Mobile transmitters.</E> The transmitter output power of mobile transmitters must not exceed 60 watts. (g) <E T="03">Other transmitters.</E> The ERP of dispatch and auxiliary test transmitters must not exceed 100 watts. </SECTION> <SECTION> <SECTNO>§ 22.567</SECTNO> <SUBJECT>Technical channel assignment criteria.</SUBJECT> The rules in this section establish technical assignment criteria for the channels listed in § 22.561. The criteria in paragraphs (a) through (f) of this section permit channel assignments to be made in a manner such that reception by public mobile receivers of signals from base transmitters, within the service area of such base transmitters, is protected from interference caused by the operation of independent co-channel base and fixed transmitters in the Paging and Radiotelephone Service and central office stations, including Basic Exchange Telephone Radio Systems (BETRS), in the Rural Radiotelephone Service. Additional criteria in paragraph (g) of this section permit channel assignments to be made in a manner such that BETRS communications are protected from interference caused by the operation of independent co-channel base and fixed transmitters in the Paging and Radiotelephone Service and other central office stations in the Rural Radiotelephone Service. Separate criteria in paragraph (h) of this section apply only to assignment of the channels designated in § 22.561 as mobile channels to base and fixed transmitters, and permit these channel assignments to be made in a manner such that reception by public base and fixed receivers of signals from associated mobile and fixed transmitters is protected from interference <PRTPAGE P="155"/>caused by the operation of independent co-channel base and fixed transmitters. (a) <E T="03">Contour overlap.</E> The FCC may grant an application requesting assignment of a channel to a proposed base, fixed or central office station transmitter only if: (1) The interfering contour of the proposed transmitter does not overlap the service contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless that carrier has agreed in writing to accept any interference that may result from operation of the proposed transmitter; and (2) The service contour of the proposed transmitter does not overlap the interfering contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless the application contains a statement that the applicant agrees to accept any interference that may result from operation of the protected co-channel transmitter; and (3) The area and/or population to which service would be provided by the proposed transmitter is substantial, and service gained would exceed that lost as a result of agreements to accept interference. (b) <E T="03">Protected transmitter.</E> For the purposes of this section, protected transmitters are authorized transmitters for which there is a current FCC public record and transmitters proposed in prior-filed pending applications, in the Paging and Radiotelephone Service and the Rural Radiotelephone Service. (c) <E T="03">VHF service contour.</E> For base stations transmitting on the VHF channels, the radial distance from the transmitting antenna to the service contour along each cardinal radial is calculated as follows: <FP SOURCE="FP-2">d=1.609×h<E T="51">0.40</E> × p<E T="51">0.20</E> </FP> <FP>where:</FP> <FP SOURCE="FP-2">d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. (2) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. (3) The distance from the transmitting antenna to the service contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the service contour using the formula in paragraph (c) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. (d) <E T="03">VHF interfering contour.</E> For base and fixed stations transmitting on the VHF channels, the radial distance from the transmitting antenna to the interfering contour along each cardinal radial is calculated as follows: (1) If the radial antenna HAAT is less than 150 meters: <FP SOURCE="FP-2">d=8.577×h<E T="51">0.24</E>×p<E T="51">0.19</E> </FP> <FP>where:</FP> <FP SOURCE="FP-2">d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. (2) If the radial antenna HAAT is 150 meters or more: <FP SOURCE="FP-2">d=12.306×h<E T="51">0.23</E>×p<E T="51">0.14</E> </FP> <FP>where:</FP> <FP SOURCE="FP-2">d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> (3) The value used for p in the above formulas must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. (4) The distance from the transmitting antenna to the interfering contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the interfering contour using the appropriate formula in paragraph (d) of this section with actual HAAT and ERP data for the inter-station radial and additional radials <PRTPAGE P="156"/>above and below the inter-station radial at 2.5° intervals. (e) <E T="03">UHF service contour.</E> For base stations transmitting on the UHF channels, the radial distance from the transmitting antenna to the service contour along each cardinal radial is calculated as follows: <FP SOURCE="FP-2">d=1.726×h<E T="51">0.35</E>×p<E T="51">0.18</E> </FP> <FP>where:</FP> <FP SOURCE="FP-2">d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. (2) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. (3) The distance from the transmitting antenna to the service contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the service contour using the formula in paragraph (e) of this section with actual HAAT and ERP data for the inter-station radial and addition radials above and below the below the inter-station radial at 2.5° intervals. (f) <E T="03">UHF interfering contour.</E> For base and fixed stations transmitting on the UHF channels, the radial distance from the transmitting antenna to the interfering contour along each cardinal radial is calculated as follows: (1) If the radial antenna HAAT is less than 150 meters: <FP SOURCE="FP-2">d=9.471×h<E T="51">0.23</E>×p<E T="51">0.15</E> </FP> <FP>where:</FP> <FP SOURCE="FP-2">d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. (2) If the radial antenna HAAT is 150 meters or more: <FP SOURCE="FP-2">d=6.336×h<E T="51">0.31</E>×p<E T="51">0.15</E> </FP> <FP>where:</FP> <FP SOURCE="FP-2">d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> (3) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. (4) The distance from the transmitting antenna to the interfering contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the interfering contour using the appropriate formula in paragraph (f) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. (g) <E T="03">Protection for BETRS.</E> In applying the provisions of paragraph (a) of this section, if either or both of the transmitters involved is a BETRS central office station, the following contour substitutions must be used: (1) The service contour of the BETRS central office station(s) is a circle, centered on the central office station antenna, with a radius of 40 kilometers (25 miles). (2) The interfering contour of any station of any type, when determining whether it would overlap the service contour of a BETRS central office station, is calculated as follows: <FP SOURCE="FP-2">d=36.364×h<E T="51">0.2</E>× p<E T="51">0.1</E> </FP> <FP>where:</FP> <FP SOURCE="FP-2">d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. (h) <E T="03">Assignment of mobile channels to base or fixed transmitters.</E> Mobile channels may be assigned to base or fixed transmitters if the following criteria are met:<PRTPAGE P="157"/> (1) The paired base channel, as designated in § 22.561, is assigned to base transmitters in the same geographical area operated by the same licensee. (2) The authorization is granted subject to the condition that no interference be caused to fixed receivers in use on or prior to the date of the grant. </SECTION> <SECTION> <SECTNO>§ 22.569</SECTNO> <SUBJECT>Additional channel policies.</SUBJECT> The rules in this section govern the processing of applications for a mobile channel when the applicant has applied or been granted an authorization for other mobile channels in the same geographic area. This section applies to applications proposing to use the channels listed in § 22.561, except applications that propose to use these channels to provide paging service only, which are subject to § 22.539, instead of this section. The general policy of the FCC is to assign no more than two channels in an area to a carrier per application cycle. That is, a carrier must apply for no more than two channels, receive the authorization, construct the station, provide service to subscribers, and notify the FCC of commencement of service to subscribers (FCC Form 489) before applying for additional mobile channels in that area. (a) <E T="03">Transmitters in same area.</E> Any transmitter on any channel listed in § 22.561 is considered to be in the same geographic area as another transmitter or any other channel listed in § 22.561 if: (1) One transmitter location is within the service area of the other transmitter; or, (2) The area within the overlap of the service contours of the two transmitters constitutes 50 percent or more of the service area of either of the transmitters. (b) <E T="03">Initial channel.</E> The FCC will not assign more than two channels for new stations. Stations are considered to be new if there are no authorized transmitters on any channel listed in § 22.561 controlled by the applicant in the same geographic area. (c) <E T="03">Additional channel.</E> Applications for transmitters to be located in the same geographic area as an authorized station controlled by the applicant, but to operate on a different channel, are considered as requests for an additional channel for the authorized station, unless paragraph (d) of this section applies. (d) <E T="03">Additional transmitters on same channel.</E> Notwithstanding other provisions of this section, the following applications are not considered to be requests for an additional channel: (1) Applications for transmitters to be located in the same geographic area as an authorized station controlled by the applicant, and to operate on the same paging channel; (2) Applications for transmitters to be located within a paging geographic area for which the applicant holds the paging geographic area authorization for the requested channel; and, (3) Applications for paging geographic area authorizations. (e) [Reserved] (f) <E T="03">Dismissal of application constituting cumulative request for more than two channels.</E> If the FCC receives an application for a transmitter to be located in the same geographic area as a transmitter proposed in a pending application previously filed by the applicant, but on different channels such that, considered together, the applications would constitute a request for more than two channels, the FCC may dismiss the subsequent application without prejudice. (g) <E T="03">Dismissal of premature applications for additional channel.</E> If the FCC receives an application requesting two additional channels (or one additional channel) for an authorized station prior to receiving notification that the station is providing service to subscribers on all (or all except one) of the authorized channels, the FCC may dismiss that application without prejudice. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.571</SECTNO> <SUBJECT>Responsibility for mobile stations.</SUBJECT> Mobile stations that are subscribers in good standing to a two-way service in the Paging and Radiotelephone Service, when receiving service from that station, are considered to be operating under the authorization of that station. Licensees are responsible for exercising effective operational control over mobile stations receiving service through their stations. Mobile stations <PRTPAGE P="158"/>that are subscribers in good standing to a two-way service in the Paging and Radiotelephone Service, while receiving service from a different station, are considered to be operating under the authorization of such different station. The licensee of such different station is responsible, during such temporary period, for exercising effective operational control over such mobile stations as if they were subscribers to it. </SECTION> <SECTION> <SECTNO>§ 22.573</SECTNO> <SUBJECT>Use of base transmitters as repeaters.</SUBJECT> As an additional function, base transmitters may be used as repeaters. Licensees must be able to turn the base transmitter on or off from the control point regardless of whether a subscriber-operated transmitter is transmitting. </SECTION> <SECTION> <SECTNO>§ 22.575</SECTNO> <SUBJECT>Use of mobile channel for remote control of station functions.</SUBJECT> Carriers may remotely control station functions (e.g. shut down or reactivate base transmitters, turn aviation obstruction warning lights on or off, etc.) using a control transmitter operating on a mobile channel, subject to the conditions in this section and in § 22.567(h). (a) The control transmitter must be capable of overriding transmissions from subscriber-operated transmitters if necessary. Subscriber-operated transmitters must not be capable of being used to deliberately or accidentally prevent the licensee from controlling the station. (b) The licensee must implement measures designed to prevent station functions from being controlled by persons not authorized by the licensee to control the station. (c) The control transmitter location must be within the composite service contour of the licensee's authorized station on the paired base channel. </SECTION> <SECTION> <SECTNO>§ 22.577</SECTNO> <SUBJECT>Dispatch service.</SUBJECT> Carriers licensed under this subpart may provide dispatch service in accordance with the rules in this section. (a) <E T="03">Installation without prior FCC approval.</E> A station licensee may install or remove dispatch points for subscribers without obtaining prior FCC approval. A station licensee may install or remove dispatch transmitters for subscribers without applying for specific authorization, provided that the following conditions are met. (1) Each dispatch transmitter must be able to transmit only on the mobile channel that is paired with the channel used by the base station. (2) The antenna of the dispatch transmitter must not exceed the criteria in § 17.7 of this chapter that determine whether the FAA must be notified of the proposed construction. (3) The output power of the dispatch transmitter must not exceed 10 Watts. (4) The dispatch transmitter must be incapable of overriding the functioning of any control transmitter that may be using the same channel. (5) The dispatch transmitter must be under the continuous supervision of the licensee. (b) <E T="03">Notification</E>. Licensees must notify the FCC (FCC Form 489) whenever a dispatch transmitter is installed pursuant to paragraph (a) of this section. The notification must include the name and address of the subscriber(s) for which the dispatch transmitter was installed, the location of the dispatch transmitter, the height of antenna structure above ground and above mean sea level, the channel(s) used, and the call sign and location of the base station. (c) <E T="03">Termination without hearing.</E> Operation of a dispatch transmitter pursuant to paragraphs (a) and (b) of this section may be terminated by the FCC without a hearing upon notice to the licensee. (d) <E T="03">Dispatch transmitters requiring authorization.</E> A dispatch transmitter that does not meet all of the requirements of paragraph (a) of this section may be installed only upon grant of an application for authorization therefor (FCC Form 600). (e) <E T="03">Permissible communications.</E> A dispatch transmitter operated by a subscriber may communicate only with mobile transmitters operated by that subscriber through the associated base transmitter. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 60 FR 15495, Mar. 24, 1995]</CITA> </SECTION> <SECTION> <PRTPAGE P="159"/> <SECTNO>§ 22.579</SECTNO> <SUBJECT>Operation of mobile transmitters across U.S.-Canada border.</SUBJECT> Mobile stations licensed by Canada may receive two-way service while in the United States from stations licensed under this part, after authorization has been granted by the FCC. Mobile stations that normally operate under the authority of base stations licensed under this part may receive two-way service while in Canada from stations licensed under this part or by Canada, upon authorization by Canada. </SECTION> <SECTION> <SECTNO>§ 22.589</SECTNO> <SUBJECT>One-way or two-way application requirements.</SUBJECT> In addition to information required by subparts B and D and § 22.529, applications for authorization to operate a paging transmitter on the channels listed in § 22.531, other than applications for a paging geographic area authorization, must contain the applicable supplementary information described in this section. (a) <E T="03">Interference exhibit.</E> Except as provided in paragraph (b) of this section, an exhibit demonstrating compliance with § 22.567 with regard to protected transmitters is required. This exhibit must: (1) For UHF channels, identify each protected transmitter located within 108 kilometers (67 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 76.4 kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 76.4 kilometers (47.5 miles); and identify each protected Basic Exchange Telephone Radio System central office transmitter in the Rural Radiotelephone Service within 231 kilometers (144 miles), (2) For VHF channels, identify each protected transmitter located within 135 kilometers (84 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 93.3 kilometers (58 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 93.3 kilometers (58 miles). (3) For each protected transmitter identified, show the results of distance calculations indicating that there would be no overlap of service and interfering contours, or alternatively, indicate that the licensee of or applicant for the protected transmitter and/or the applicant, as required, have agreed in writing to accept any interference resulting from operation of the proposed transmitter. (b) <E T="03">Encompassment exhibit.</E> An exhibit showing that the area within the interfering contour of the proposed transmitter would be totally encompassed by interfering contours of operating co-channel base transmitters controlled by the applicant is required for applications to operate a transmitter with ERP exceeding the basic power and height-power limits of § 22.565. This encompassment exhibit may substitute for the interference exhibit required in paragraph (a) of this section. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Point-to-Point Operation</HD> <SECTION> <SECTNO>§ 22.591</SECTNO> <SUBJECT>Channels for point-to-point operation.</SUBJECT> The following channels are allocated for assignment to fixed transmitters that support other transmitters that provide public mobile service. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. <GPOTABLE CDEF="xl12,xl12,xl12,xl12" COLS="4" OPTS="L0,7/8,g1,t1,i1"> <ROW EXPSTB="03"> <ENT I="21">VHF Channels </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">72.02 </ENT> <ENT>72.36 </ENT> <ENT>72.80 </ENT> <ENT>75.66</ENT> </ROW> <ROW> <ENT I="01">72.04 </ENT> <ENT>72.38 </ENT> <ENT>72.82 </ENT> <ENT>75.68</ENT> </ROW> <ROW> <ENT I="01">72.06 </ENT> <ENT>72.40 </ENT> <ENT>72.84 </ENT> <ENT>75.70</ENT> </ROW> <ROW> <ENT I="01">72.08 </ENT> <ENT>72.42 </ENT> <ENT>72.86 </ENT> <ENT>75.72</ENT> </ROW> <ROW> <ENT I="01">72.10 </ENT> <ENT>72.46 </ENT> <ENT>72.88 </ENT> <ENT>75.74</ENT> </ROW> <ROW> <ENT I="01">72.12 </ENT> <ENT>72.50 </ENT> <ENT>72.90 </ENT> <ENT>75.76</ENT> </ROW> <ROW> <ENT I="01">72.14 </ENT> <ENT>72.54 </ENT> <ENT>72.92 </ENT> <ENT>75.78</ENT> </ROW> <ROW> <ENT I="01">72.16 </ENT> <ENT>72.58 </ENT> <ENT>72.94 </ENT> <ENT>75.80</ENT> </ROW> <ROW> <ENT I="01">72.18 </ENT> <ENT>72.62 </ENT> <ENT>72.96 </ENT> <ENT>75.82</ENT> </ROW> <ROW> <ENT I="01">72.20 </ENT> <ENT>72.64 </ENT> <ENT>72.98 </ENT> <ENT>75.84</ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">VHF Channels_Continued</ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">72.22 </ENT> <ENT>72.66 </ENT> <ENT>75.42 </ENT> <ENT>75.86</ENT> </ROW> <ROW> <ENT I="01">72.24 </ENT> <ENT>72.68 </ENT> <ENT>75.46 </ENT> <ENT>75.88</ENT> </ROW> <ROW> <ENT I="01">72.26 </ENT> <ENT>72.70 </ENT> <ENT>75.50 </ENT> <ENT>75.90</ENT> </ROW> <ROW> <ENT I="01">72.28 </ENT> <ENT>72.72 </ENT> <ENT>75.54 </ENT> <ENT>75.92</ENT> </ROW> <ROW> <ENT I="01">72.30 </ENT> <ENT>72.74 </ENT> <ENT>75.58 </ENT> <ENT>75.94</ENT> </ROW> <ROW> <ENT I="01">72.32 </ENT> <ENT>72.76 </ENT> <ENT>75.62 </ENT> <ENT>75.96</ENT> </ROW> <ROW> <ENT I="01">72.34 </ENT> <ENT>72.78 </ENT> <ENT>75.64 </ENT> <ENT>75.98 </ENT> </ROW> <ROW> <ENT I="01">72.10 </ENT> <ENT>72.46 </ENT> <ENT>72.88 </ENT> <ENT>75.74</ENT> </ROW> <ROW> <ENT I="01">72.12 </ENT> <ENT>72.50 </ENT> <ENT>72.90 </ENT> <ENT>75.76</ENT> </ROW> <ROW> <ENT I="01">72.14 </ENT> <ENT>72.54 </ENT> <ENT>72.92 </ENT> <ENT>75.78</ENT> </ROW> <ROW> <ENT I="01">72.16 </ENT> <ENT>72.58 </ENT> <ENT>72.94 </ENT> <ENT>75.80</ENT> </ROW> <ROW> <ENT I="01">72.18 </ENT> <ENT>72.62 </ENT> <ENT>72.96 </ENT> <ENT>75.82</ENT> </ROW> <ROW> <PRTPAGE P="160"/> <ENT I="01">72.20 </ENT> <ENT>72.64 </ENT> <ENT>72.98 </ENT> <ENT>75.84</ENT> </ROW> <ROW> <ENT I="01">72.22 </ENT> <ENT>72.66 </ENT> <ENT>75.42 </ENT> <ENT>75.86</ENT> </ROW> <ROW> <ENT I="01">72.24 </ENT> <ENT>72.68 </ENT> <ENT>75.46 </ENT> <ENT>75.88</ENT> </ROW> <ROW> <ENT I="01">72.26 </ENT> <ENT>72.70 </ENT> <ENT>75.50 </ENT> <ENT>75.90</ENT> </ROW> <ROW> <ENT I="01">72.28 </ENT> <ENT>72.72 </ENT> <ENT>75.54 </ENT> <ENT>75.92</ENT> </ROW> <ROW> <ENT I="01">72.30 </ENT> <ENT>72.74 </ENT> <ENT>75.58 </ENT> <ENT>75.94</ENT> </ROW> <ROW> <ENT I="01">72.32 </ENT> <ENT>72.76 </ENT> <ENT>75.62 </ENT> <ENT>75.96</ENT> </ROW> <ROW> <ENT I="01">72.34 </ENT> <ENT>72.78 </ENT> <ENT>75.64 </ENT> <ENT>75.98 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21"> UHF Channels—State of Hawaii </ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s10,xl10,r10,xl10" COLS="4" OPTS="L0,ns,7/8,g1,t1,i1"> <ROW EXPSTB="00"> <ENT I="01">488.250 </ENT> <ENT>491.250 </ENT> <ENT>489.750 </ENT> <ENT>492.750</ENT> </ROW> <ROW> <ENT I="01">488.750 </ENT> <ENT>491.750 </ENT> <ENT>490.250 </ENT> <ENT>493.250</ENT> </ROW> <ROW> <ENT I="01">489.250 </ENT> <ENT>492.250 </ENT> <ENT>490.750 </ENT> <ENT>493.750</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="xl10,xl10" COLS="2" OPTS="L2(0,,),p1,7/8,i1"> <TTITLE>Microwave Channels</TTITLE> <TDESC>[Bandwidth individually assigned]</TDESC> <BOXHD> <CHED H="1"/> <CHED H="1"/> </BOXHD> <ROW> <ENT I="01">2110.1 </ENT> <ENT>2160.1</ENT> </ROW> <ROW> <ENT I="01">2110.2 </ENT> <ENT>2160.2</ENT> </ROW> <ROW> <ENT I="01">2110.3 </ENT> <ENT>2160.3</ENT> </ROW> <ROW> <ENT I="01">2129.9 </ENT> <ENT>2179.9</ENT> </ROW> </GPOTABLE> (a) The 72-76 MHz channels may be assigned under developmental authority pursuant to the requirements of § 22.413. The 72-76 MHz channels may also be used in point-to-multipoint configurations. The 72-76 MHz channels are also allocated for assignment in the Private Radio Services (see part 90 of this chapter). (b) Channels in the frequency ranges 2110-2130 and 2160-2180 MHz are also allocated for assignment in the broadband Personal Communications Service (see part 24 of this chapter), the Multipoint Distribution Service and the Point-to-Point Microwave Radio Service (see part 21 of this chapter). Assignment of channels in these ranges is subject to the transition rules in § 22.602. (c) Channels in the frequency ranges 488.250-490.750 and 491.250-493.750 MHz may be assigned only to inter-island fixed stations located in the State of Hawaii. <CITA>[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.593</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> The effective radiated power of fixed stations operating on the channels listed in § 22.591 must not exceed 150 Watts. The equivalent isotropic radiated power of fixed stations operating in the frequency ranges 2110-2130 and 2160-2180 MHz must not exceed the limits set forth in part 21 of this chapter for stations operating in these frequency ranges. </SECTION> <SECTION> <SECTNO>§ 22.599</SECTNO> <SUBJECT>Assignment of 72-76 MHz channels.</SUBJECT> Because of the potential for interference to the reception of TV Channels 4 and 5 by broadcast television sets and video recorders, assignments of the 72-76 MHz channels are subject to the following conditions: (a) Assignments of 72-76 MHz channels for use within 129 kilometers (80 miles) of a full service TV station transmitting on TV Channel 4 or 5 are subject to the condition that the licensee must eliminate any interference caused to television reception on TV Channels 4 and 5. If the FCC notifies the licensee of an interference problem and the licensee does not resolve the problem within 90 days of such notification, operation of the interfering 72-76 MHz fixed station must be immediately discontinued. (b) 72-76 MHz channels may be assigned for use within 16 kilometers (10 miles) of a full service TV station transmitting on TV Channel 4 or 5 under a developmental authorization, pursuant to § 22.413. However, for use within 50 meters (164 feet) of a TV station transmitting on TV Channel 4 or 5, 72-76 MHZ channels may be assigned under a regular authorization, rather than a developmental authorization. </SECTION> <SECTION> <SECTNO>§ 22.601</SECTNO> <SUBJECT>Assignment of microwave channels.</SUBJECT> Assignment of the microwave channels listed in § 22.591 is subject to the transition rules in § 22.602. No new systems will be authorized under this part. (a) <E T="03">Coordination required.</E> Before filing applications for authority to modify existing stations on these channels or major amendments to such applications, carriers must coordinate the planned channel usage, using the procedure outlined in § 22.150, with affected parties in this radio service and the Point-to-Point Microwave Service and the Multipoint Distribution Service. Affected parties are licensees and other applicants with previously filed pending applications whose stations could affect or be affected by the proposed <PRTPAGE P="161"/>modification of the existing station in terms of interference. (b) <E T="03">System parameters.</E> In designing a system modification, the applicant must select sites, equipment and channels that will avoid harmful interference to other users. All parties must cooperate fully and make reasonable efforts to resolve technical problems and conflicts that may inhibit the most effective and efficient use of the radio spectrum; however, a party receiving notification is not obligated to suggest changes or re-design a proposal in cases involving conflicts. The applicant must identify in the application all parties with which the technical proposal was coordinated. In the event that technical problems are not resolved or if an affected party does not respond to coordination efforts within 30 days after notification, an explanation must be contained in the application. Where technical conflicts are resolved by an agreement between the parties that requires special procedures to reduce the likelihood of harmful interference (such as the use of artificial site shielding), or would result in a reduction of quality or capacity of either system, the details thereof must be contained in the application. (c) <E T="03">Bandwidth.</E> Applicants must request the minimum emission bandwidth necessary. The FCC does not authorize bandwidths larger than 800 kHz under this part. </SECTION> <SECTION> <SECTNO>§ 22.602</SECTNO> <SUBJECT>Transition of the 2110-2130 and 2160-2180 MHz channels to emerging technologies.</SUBJECT> The microwave channels listed in § 22.591 have been allocated for use by emerging technologies (ET) services. No new systems will be authorized under this part. The rules in this section provide for a transition period during which existing Paging and Radiotelephone Service (PARS) licensees using these channels may relocate operations to other media or to other fixed channels, including those in other microwave bands. For PARS licensees relocating operations to other microwave bands, authorization must be obtained under part 101 of this chapter. (a) Licensees proposing to implement ET services may negotiate with PARS licensees authorized to use these channels, for the purpose of agreeing to terms under which the PARS licensees would— (1) Relocate their operations to other fixed microwave bands or other media, or alternatively, (2) Accept a sharing arrangement with the ET licensee that may result in an otherwise impermissible level of interference to the PARS operations. (b) PARS operations on these channels will continue to be co-primary with other users of this spectrum until two years after the FCC commences acceptance of applications for ET services, and until one year after an ET licensee initiates negotiations for relocation of the fixed microwave licensee's operations. (c) <E T="03">Voluntary Negotiations.</E> During the two year voluntary negotiation period, negotiations are strictly voluntary and are not defined by any parameters. However, if the parties have not reached an agreement within one year after the commencement of the voluntary period, the PARS licensee must allow the ET licensee (if it so chooses) to gain access to the existing facilities to be relocated so that an independent third party can examine the PARS licensee's 2 GHz system and prepare an estimate of the cost and the time needed to relocate the PARS licensee to comparable facilities. The ET licensee must pay for any such estimate. (d) <E T="03">Mandatory Negotiations.</E> If a relocation agreement is not reached during the two year voluntary period, the ET licensee may initiate a mandatory negotiation period. This mandatory period is triggered at the option of the ET licensee, but ET licensees may not invoke their right to mandatory negotiation until the voluntary negotiation period has expired. Once mandatory negotiations have begun, a PARS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, <E T="03">inter alia,</E> the following factors: (1) Whether the ET licensee has made a <E T="03">bona fide</E> offer to relocate the PARS <PRTPAGE P="162"/>licensee to comparable facilities in accordance with Section 101.75(b) of this chapter; (2) If the PARS licensee has demanded a premium, the type of premium requested (<E T="03">e.g.,</E> whether the premium is directly related to relocation, such as system-wide relocations and analog-to-digital conversions, versus other types of premiums), and whether the value of the premium as compared to the cost of providing comparable facilities is disproportionate (<E T="03">i.e.,</E> whether there is a lack of proportion or relation between the two); (3) What steps the parties have taken to determine the actual cost of relocation to comparable facilities; (4) Whether either party has withheld information requested by the other party that is necessary to estimate relocation costs or to facilitate the relocation process. Any party alleging a violation of our good faith requirement must attach an independent estimate of the relocation costs in question to any documentation filed with the Commission in support of its claim. An independent cost estimate must include a specification for the comparable facility and a statement of the costs associated with providing that facility to the incumbent licensee. (e) <E T="03">Involuntary period.</E> After the periods specified in paragraph (b) of this section have expired, ET licensees may initiate involuntary relocation procedures under the Commission's rules. ET licensees are obligated to pay to relocate only the specific microwave links to which their systems pose an interference problem. Under involuntary relocation, a PARS licensee is required to relocate, provided that: (1) The ET applicant, provider, licensee or representative guarantees payment of relocation costs, including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses incurred by the PARS licensee that are directly attributable to an involuntary relocation, subject to a cap of two percent of the hard costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. ET licensees are not required to pay PARS licensees for internal resources devoted to the relocation process. ET licensees are not required to pay for transaction costs incurred by PARS licensees during the voluntary or mandatory periods once the involuntary period is initiated or for fees that cannot be legitimately tied to the provision of comparable facilities; (2) The ET applicant, provider, licensee or representative completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are involved, identifying and obtaining, on the incumbents behalf, new channels and frequency coordination; and, (3) The ET applicant, provider, licensee or representative builds the replacement system and tests it for comparability with the existing 2 GHz system. (f) <E T="03">Comparable Facilities.</E> The replacement system provided to an incumbent during an involuntary relocation must be at least equivalent to the existing PARS system with respect to the following three factors: (1) <E T="03">Throughput.</E> Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, the ET licensee is required to provide the PARS licensee with an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, the ET licensee must provide the PARS licensee with equivalent data loading bits per second (bps). ET licensees must provide PARS licensees with enough throughput to satisfy the PARS licensee's system use at the time of relocation, not match the total capacity of the PARS system. (2) <E T="03">Reliability.</E> System reliability is the degree to which information is transferred accurately within a system. ET licensees must provide PARS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmissions, it is measured by the percent of time that audio signal quality meets an established threshold. If <PRTPAGE P="163"/>an analog voice system is replaced with a digital voice system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability. (3) <E T="03">Operating Costs.</E> Operating costs are the cost to operate and maintain the PARS system. ET licensees must compensate PARS licensees for any increased recurring costs associated with the replacement facilities (e.g. additional rental payments, increased utility fees) for five years after relocation. ET licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the PARS licensee must be equivalent to the 2 GHz system in order for the replacement system to be considered comparable. (g) The PARS 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. (h) <E T="03">The Commission's Twelve-Month Trial Period.</E> If, within one year after the relocation to new facilities, the PARS licensee demonstrates that the new facilities are not comparable to the former facilities, the ET applicant, provider, licensee or representative must remedy the defects or pay to relocate the PARS licensee to one of the following: its former or equivalent 2 GHz channels, another comparable frequency band, a land-line system, or any other facility that satisfies the requirements specified in paragraph (f) of this section. This trial period commences on the date that the PARS licensee begins full operation of the replacement link. If the PARS licensee has retained its 2 GHz authorization during the trial period, it must return the license to the Commission at the end of the twelve months. (i) After April 25, 1996, all major modifications and extensions to existing PARS systems operating on channels in the 2110-2130 and 2160-2180 MHz bands will be authorized on a secondary basis to future ET operations. All other modifications will render the modified PARS license secondary to future ET operations unless the incumbent affirmatively justifies primary status and the incumbent PARS licensee establishes that the modification would not add to the relocation costs of ET licensees. Incumbent PARS licensees will maintain primary status for the following technical changes: (1) Decreases in power; (2) Minor changes (increases or decreases) in antenna height; (3) Minor location changes (up to two seconds); (4) Any data correction which does not involve a change in the location of an existing facility; (5) Reductions in authorized bandwidth; (6) Minor changes (increases or decreases) in structure height; (7) Changes (increases or decreases) in ground elevation that do not affect centerline height; (8) Minor equipment changes. (j) <E T="03">Sunset.</E> PARS licensees will maintain primary status in the 2110-2130 and 2160-2180 MHz bands unless and until an ET licensee requires use of the spectrum. ET licensees are not required to pay relocation costs after the relocation rules sunset (<E T="03">i.e.</E> ten years after the voluntary period begins for the first ET licensees in the service). Once the relocation rules sunset, an ET licensee may require the incumbent to cease operations, provided that the ET licensee intends to turn on a system within interference range of the incumbent, as determined by TIA Bulletin 10-F or any standard successor. ET licensee notification to the affected PARS licensee must be in writing and must provide the incumbent with no less than six months to vacate the spectrum. After the six-month notice period has expired, the PARS licensee must turn its license back into the Commission, unless the parties have entered into an agreement which allows the PARS licensee to continue to operate on a mutually agreed upon basis. If the parties cannot agree on a schedule or an alternative arrangement, requests for extension will be accepted and reviewed on a case-by-case basis. The Commission will grant such extensions only if the incumbent can demonstrate that:<PRTPAGE P="164"/> (1) It cannot relocate within the six-month period (<E T="03">e.g.</E>, because no alternative spectrum or other reasonable option is available), and; (2) The public interest would be harmed if the incumbent is forced to terminate operations (<E T="03">e.g.</E>, if public safety communications services would be disrupted). <CITA>[61 FR 29689, June 12, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.603</SECTNO> <SUBJECT>488-494 MHz fixed service in Hawaii.</SUBJECT> Before filing applications for authorization of inter-island control and/or repeater stations, applicants must coordinate the planned channel usage with existing licensees and other applicants with previously filed applications, using the procedure outlined in § 22.150. Applicants and licensees shall cooperate fully and make reasonable efforts to resolve any channel usage conflicts. In situations where technical solutions to such conflicts cannot be devised, the FCC may select a channel or channels to assign or may designate the application(s) for hearing. To be acceptable for filing, applications and major technical amendments must contain a certification that coordination has been completed and an exhibit listing the name(s) of the licensees and applicants with which the planned channel usage has been coordinated. </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Point-to-Multipoint Operation</HD> <SECTION> <SECTNO>§ 22.621</SECTNO> <SUBJECT>Channels for point-to-multipoint operation.</SUBJECT> The following channels are allocated for assignment to transmitters utilized within point-to-multipoint systems that support transmitters that provide public mobile service. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. <GPOTABLE CDEF="s15,xl15,r15,xl15" COLS="4" OPTS="L0,b0,6/7,g1,t1,i1"> <ROW EXPSTB="03"> <ENT I="21">Public Mobile Pool </ENT> </ROW> <ROW> <ENT I="21">(25 kHz bandwidth) </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">928.8625 </ENT> <ENT>959.8625 </ENT> <ENT>928.9375 </ENT> <ENT>959.9375</ENT> </ROW> <ROW> <ENT I="01">928.8875 </ENT> <ENT>959.8875 </ENT> <ENT>928.9625 </ENT> <ENT>959.9625</ENT> </ROW> <ROW> <ENT I="01">928.9125 </ENT> <ENT>959.9125 </ENT> <ENT>928.9875 </ENT> <ENT>959.9875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">(12.5 kHz bandwidth) </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">928.85625 </ENT> <ENT>959.85625 </ENT> <ENT>928.93125 </ENT> <ENT>959.93125</ENT> </ROW> <ROW> <ENT I="01">928.86875 </ENT> <ENT>959.86875 </ENT> <ENT>928.94375 </ENT> <ENT>959.94375</ENT> </ROW> <ROW> <ENT I="01">928.88125 </ENT> <ENT>959.88125 </ENT> <ENT>928.95625 </ENT> <ENT>959.95625</ENT> </ROW> <ROW> <ENT I="01">928.89375 </ENT> <ENT>959.89375 </ENT> <ENT>928.96875 </ENT> <ENT>959.96875</ENT> </ROW> <ROW> <ENT I="01">928.90625 </ENT> <ENT>959.90625 </ENT> <ENT>928.98125 </ENT> <ENT>959.98125</ENT> </ROW> <ROW> <ENT I="01">928.91875 </ENT> <ENT>959.91875 </ENT> <ENT>928.99375 </ENT> <ENT>959.99375 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Private Radio General Access Pool </ENT> </ROW> <ROW> <ENT I="21">(25 kHz bandwidth) </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">956.2625 </ENT> <ENT>956.3125 </ENT> <ENT>956.3625 </ENT> <ENT>956.4125</ENT> </ROW> <ROW> <ENT I="01">956.2875 </ENT> <ENT>956.3375 </ENT> <ENT>956.3875 </ENT> <ENT>956.4375 </ENT> </ROW> <ROW> <ENT I="01">928.0125 </ENT> <ENT>952.0125 </ENT> <ENT>928.1875 </ENT> <ENT>952.1875</ENT> </ROW> <ROW> <ENT I="01">928.0375 </ENT> <ENT>952.0375 </ENT> <ENT>928.2125 </ENT> <ENT>952.2125</ENT> </ROW> <ROW> <ENT I="01">928.0625 </ENT> <ENT>952.0625 </ENT> <ENT>928.2375 </ENT> <ENT>952.2375</ENT> </ROW> <ROW> <ENT I="01">928.0875 </ENT> <ENT>952.0875 </ENT> <ENT>928.2625 </ENT> <ENT>952.2625</ENT> </ROW> <ROW> <ENT I="01">928.1125 </ENT> <ENT>952.1125 </ENT> <ENT>928.2875 </ENT> <ENT>952.2875</ENT> </ROW> <ROW> <ENT I="01">928.1375 </ENT> <ENT>952.1375 </ENT> <ENT>928.3125 </ENT> <ENT>952.3125</ENT> </ROW> <ROW> <ENT I="01">928.1625 </ENT> <ENT>952.1625 </ENT> <ENT>928.3375 </ENT> <ENT>952.3375 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">(12.5 kHz bandwidth) </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">956.25625 </ENT> <ENT>956.30625 </ENT> <ENT>956.35625 </ENT> <ENT>956.40625</ENT> </ROW> <ROW> <ENT I="01">956.26875 </ENT> <ENT>956.31875 </ENT> <ENT>956.36875 </ENT> <ENT>956.41875</ENT> </ROW> <ROW> <ENT I="01">956.28125 </ENT> <ENT>956.33125 </ENT> <ENT>956.38125 </ENT> <ENT>956.43125</ENT> </ROW> <ROW> <ENT I="01">956.29375 </ENT> <ENT>956.34375 </ENT> <ENT>956.39375 </ENT> <ENT>956.44375 </ENT> </ROW> <ROW> <ENT I="01">928.00625 </ENT> <ENT>952.00625 </ENT> <ENT>928.18125 </ENT> <ENT>952.18125</ENT> </ROW> <ROW> <ENT I="01">928.01875 </ENT> <ENT>952.01875 </ENT> <ENT>928.19375 </ENT> <ENT>952.19375</ENT> </ROW> <ROW> <ENT I="01">928.03125 </ENT> <ENT>952.03125 </ENT> <ENT>928.20625 </ENT> <ENT>952.20625</ENT> </ROW> <ROW> <ENT I="01">928.04375 </ENT> <ENT>952.04375 </ENT> <ENT>928.21875 </ENT> <ENT>952.21875</ENT> </ROW> <ROW> <ENT I="01">928.05625 </ENT> <ENT>952.05625 </ENT> <ENT>928.23125 </ENT> <ENT>952.23125</ENT> </ROW> <ROW> <ENT I="01">928.06875 </ENT> <ENT>952.06875 </ENT> <ENT>928.24375 </ENT> <ENT>952.24375</ENT> </ROW> <ROW> <ENT I="01">928.08125 </ENT> <ENT>952.08125 </ENT> <ENT>928.25625 </ENT> <ENT>952.25625</ENT> </ROW> <ROW> <ENT I="01">928.09375 </ENT> <ENT>952.09375 </ENT> <ENT>928.26875 </ENT> <ENT>952.26875</ENT> </ROW> <ROW> <ENT I="01">928.10625 </ENT> <ENT>952.10625 </ENT> <ENT>928.28125 </ENT> <ENT>952.28125</ENT> </ROW> <ROW> <ENT I="01">928.11875 </ENT> <ENT>952.11875 </ENT> <ENT>928.29375 </ENT> <ENT>952.29375</ENT> </ROW> <ROW> <ENT I="01">928.13125 </ENT> <ENT>952.13125 </ENT> <ENT>928.30625 </ENT> <ENT>952.30625</ENT> </ROW> <ROW> <ENT I="01">928.14375 </ENT> <ENT>952.14375 </ENT> <ENT>928.31875 </ENT> <ENT>952.31875</ENT> </ROW> <ROW> <ENT I="01">928.15625 </ENT> <ENT>952.15625 </ENT> <ENT>928.33125 </ENT> <ENT>952.33125</ENT> </ROW> <ROW> <ENT I="01">928.16875 </ENT> <ENT>952.16875 </ENT> <ENT>928.34375 </ENT> <ENT>952.34375 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Private Radio Power Pool </ENT> </ROW> <ROW> <ENT I="21">(25 kHz bandwidth) </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">928.3625 </ENT> <ENT>952.3625 </ENT> <ENT>928.6125 </ENT> <ENT>952.6125</ENT> </ROW> <ROW> <ENT I="01">928.3875 </ENT> <ENT>952.3875 </ENT> <ENT>928.6375 </ENT> <ENT>952.6375</ENT> </ROW> <ROW> <ENT I="01">928.4125 </ENT> <ENT>952.4125 </ENT> <ENT>928.6625 </ENT> <ENT>952.6625</ENT> </ROW> <ROW> <ENT I="01">928.4375 </ENT> <ENT>952.4375 </ENT> <ENT>928.6875 </ENT> <ENT>952.6875</ENT> </ROW> <ROW> <ENT I="01">928.4625 </ENT> <ENT>952.4625 </ENT> <ENT>928.7125 </ENT> <ENT>952.7125</ENT> </ROW> <ROW> <ENT I="01">928.4875 </ENT> <ENT>952.4875 </ENT> <ENT>928.7375 </ENT> <ENT>952.7375</ENT> </ROW> <ROW> <ENT I="01">928.5125 </ENT> <ENT>952.5125 </ENT> <ENT>928.7625 </ENT> <ENT>952.7625</ENT> </ROW> <ROW> <ENT I="01">928.5375 </ENT> <ENT>952.5375 </ENT> <ENT>928.7875 </ENT> <ENT>952.7875</ENT> </ROW> <ROW> <ENT I="01">928.5625 </ENT> <ENT>952.5625 </ENT> <ENT>928.8125 </ENT> <ENT>952.8125</ENT> </ROW> <ROW> <ENT I="01">928.5875 </ENT> <ENT>952.5875 </ENT> <ENT>928.8375 </ENT> <ENT>952.8375 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">(12.5 kHz bandwidth) </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">928.35625 </ENT> <ENT>952.35625 </ENT> <ENT>928.60625 </ENT> <ENT>952.60625</ENT> </ROW> <ROW> <ENT I="01">928.36875 </ENT> <ENT>952.36875 </ENT> <ENT>928.61875 </ENT> <ENT>952.61875</ENT> </ROW> <ROW> <ENT I="01">928.38125 </ENT> <ENT>952.38125 </ENT> <ENT>928.63125 </ENT> <ENT>952.63125</ENT> </ROW> <ROW> <ENT I="01">928.39375 </ENT> <ENT>952.39375 </ENT> <ENT>928.64375 </ENT> <ENT>952.64375</ENT> </ROW> <ROW> <ENT I="01">928.40625 </ENT> <ENT>952.40625 </ENT> <ENT>928.65625 </ENT> <ENT>952.65625</ENT> </ROW> <ROW> <ENT I="01">928.41875 </ENT> <ENT>952.41875 </ENT> <ENT>928.66875 </ENT> <ENT>952.66875</ENT> </ROW> <ROW> <ENT I="01">928.43125 </ENT> <ENT>952.43125 </ENT> <ENT>928.68125 </ENT> <ENT>952.68125</ENT> </ROW> <ROW> <ENT I="01">928.44375 </ENT> <ENT>952.44375 </ENT> <ENT>928.69375 </ENT> <ENT>952.69375</ENT> </ROW> <ROW> <ENT I="01">928.45625 </ENT> <ENT>952.45625 </ENT> <ENT>928.70625 </ENT> <ENT>952.70625</ENT> </ROW> <ROW> <ENT I="01">928.46875 </ENT> <ENT>952.46875 </ENT> <ENT>928.71875 </ENT> <ENT>952.71875</ENT> </ROW> <ROW> <ENT I="01">928.48125 </ENT> <ENT>952.48125 </ENT> <ENT>928.73125 </ENT> <ENT>952.73125</ENT> </ROW> <ROW> <ENT I="01">928.49375 </ENT> <ENT>952.49375 </ENT> <ENT>928.74375 </ENT> <ENT>952.74375</ENT> </ROW> <ROW> <ENT I="01">928.50625 </ENT> <ENT>952.50625 </ENT> <ENT>928.75625 </ENT> <ENT>952.75625</ENT> </ROW> <ROW> <ENT I="01">928.51875 </ENT> <ENT>952.51875 </ENT> <ENT>928.76875 </ENT> <ENT>952.76875</ENT> </ROW> <ROW> <ENT I="01">928.53125 </ENT> <ENT>952.53125 </ENT> <ENT>928.78125 </ENT> <ENT>952.78125</ENT> </ROW> <ROW> <ENT I="01">928.54375 </ENT> <ENT>952.54375 </ENT> <ENT>928.79375 </ENT> <ENT>952.79375</ENT> </ROW> <ROW> <ENT I="01">928.55625 </ENT> <ENT>952.55625 </ENT> <ENT>928.80625 </ENT> <ENT>952.80625</ENT> </ROW> <ROW> <ENT I="01">928.56875 </ENT> <ENT>952.56875 </ENT> <ENT>928.81875 </ENT> <ENT>952.81875</ENT> </ROW> <ROW> <ENT I="01">928.58125 </ENT> <ENT>952.58125 </ENT> <ENT>928.83125 </ENT> <ENT>952.83125</ENT> </ROW> <ROW> <ENT I="01">928.59375 </ENT> <ENT>952.59375 </ENT> <ENT>928.84375 </ENT> <ENT>952.84375 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Public, Private, Government Shared Pool </ENT> </ROW> <ROW> <ENT I="21">(12.5 kHz bandwidth) </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">932.00625 </ENT> <ENT>941.00625 </ENT> <ENT>932.25625 </ENT> <ENT>941.25625</ENT> </ROW> <ROW> <ENT I="01">932.01875 </ENT> <ENT>941.01875 </ENT> <ENT>932.26875 </ENT> <ENT>941.26875</ENT> </ROW> <ROW> <ENT I="01">932.03125 </ENT> <ENT>941.03125 </ENT> <ENT>932.28125 </ENT> <ENT>941.28125</ENT> </ROW> <ROW> <ENT I="01">932.04375 </ENT> <ENT>941.04375 </ENT> <ENT>932.29375 </ENT> <ENT>941.29375</ENT> </ROW> <ROW> <ENT I="01">932.05625 </ENT> <ENT>941.05625 </ENT> <ENT>932.30625 </ENT> <ENT>941.30625</ENT> </ROW> <ROW> <PRTPAGE P="165"/> <ENT I="01">932.06875 </ENT> <ENT>941.06875 </ENT> <ENT>932.31875 </ENT> <ENT>941.31875</ENT> </ROW> <ROW> <ENT I="01">932.08125 </ENT> <ENT>941.08125 </ENT> <ENT>932.33125 </ENT> <ENT>941.33125</ENT> </ROW> <ROW> <ENT I="01">932.09375 </ENT> <ENT>941.09375 </ENT> <ENT>932.34375 </ENT> <ENT>941.34375</ENT> </ROW> <ROW> <ENT I="01">932.10625 </ENT> <ENT>941.10625 </ENT> <ENT>932.35625 </ENT> <ENT>941.35625</ENT> </ROW> <ROW> <ENT I="01">932.11875 </ENT> <ENT>941.11875 </ENT> <ENT>932.36875 </ENT> <ENT>941.36875</ENT> </ROW> <ROW> <ENT I="01">932.13125 </ENT> <ENT>941.13125 </ENT> <ENT>932.38125 </ENT> <ENT>941.38125</ENT> </ROW> <ROW> <ENT I="01">932.14375 </ENT> <ENT>941.14375 </ENT> <ENT>932.39375 </ENT> <ENT>941.39375</ENT> </ROW> <ROW> <ENT I="01">932.15625 </ENT> <ENT>941.15625 </ENT> <ENT>932.40625 </ENT> <ENT>941.40625</ENT> </ROW> <ROW> <ENT I="01">932.16875 </ENT> <ENT>941.16875 </ENT> <ENT>932.41875 </ENT> <ENT>941.41875</ENT> </ROW> <ROW> <ENT I="01">932.18125 </ENT> <ENT>941.18125 </ENT> <ENT>932.43125 </ENT> <ENT>941.43125</ENT> </ROW> <ROW> <ENT I="01">932.19375 </ENT> <ENT>941.19375 </ENT> <ENT>932.44375 </ENT> <ENT>941.44375</ENT> </ROW> <ROW> <ENT I="01">932.20625 </ENT> <ENT>941.20625 </ENT> <ENT>932.45625 </ENT> <ENT>941.45625</ENT> </ROW> <ROW> <ENT I="01">932.21875 </ENT> <ENT>941.21875 </ENT> <ENT>932.46875 </ENT> <ENT>941.46875</ENT> </ROW> <ROW> <ENT I="01">932.23125 </ENT> <ENT>941.23125 </ENT> <ENT>932.48125 </ENT> <ENT>941.48125</ENT> </ROW> <ROW> <ENT I="01">932.24375 </ENT> <ENT>941.24375 </ENT> <ENT>932.49375 </ENT> <ENT>941.49375 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">UHF Channels in Specified Urban Areas </ENT> </ROW> <ROW> <ENT I="21">Boston </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">470.0125 </ENT> <ENT>473.0125 </ENT> <ENT>482.0125 </ENT> <ENT>485.0125</ENT> </ROW> <ROW> <ENT I="01">470.0375 </ENT> <ENT>473.0375 </ENT> <ENT>482.0375 </ENT> <ENT>485.0375</ENT> </ROW> <ROW> <ENT I="01">470.0625 </ENT> <ENT>473.0625 </ENT> <ENT>482.0625 </ENT> <ENT>485.0625</ENT> </ROW> <ROW> <ENT I="01">470.0875 </ENT> <ENT>473.0875 </ENT> <ENT>482.0875 </ENT> <ENT>485.0875</ENT> </ROW> <ROW> <ENT I="01">470.1125 </ENT> <ENT>473.1125 </ENT> <ENT>482.1125 </ENT> <ENT>485.1125</ENT> </ROW> <ROW> <ENT I="01">470.1375 </ENT> <ENT>473.1375 </ENT> <ENT>482.1375 </ENT> <ENT>485.1375</ENT> </ROW> <ROW> <ENT I="01">470.1625 </ENT> <ENT>473.1625 </ENT> <ENT>482.1625 </ENT> <ENT>485.1625</ENT> </ROW> <ROW> <ENT I="01">470.1875 </ENT> <ENT>473.1875 </ENT> <ENT>482.1875 </ENT> <ENT>485.1875</ENT> </ROW> <ROW> <ENT I="01">470.2125 </ENT> <ENT>473.2125 </ENT> <ENT>482.2125 </ENT> <ENT>485.2125</ENT> </ROW> <ROW> <ENT I="01">470.2375 </ENT> <ENT>473.2375 </ENT> <ENT>482.2375 </ENT> <ENT>485.2375</ENT> </ROW> <ROW> <ENT I="01">470.2625 </ENT> <ENT>473.2625 </ENT> <ENT>482.2625 </ENT> <ENT>485.2625</ENT> </ROW> <ROW> <ENT I="01">470.2875 </ENT> <ENT>473.2875 </ENT> <ENT>482.2875 </ENT> <ENT>485.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Chicago, Cleveland </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">470.0125 </ENT> <ENT>473.0125 </ENT> <ENT>476.0125 </ENT> <ENT>479.0125</ENT> </ROW> <ROW> <ENT I="01">470.0375 </ENT> <ENT>473.0375 </ENT> <ENT>476.0375 </ENT> <ENT>479.0375</ENT> </ROW> <ROW> <ENT I="01">470.0625 </ENT> <ENT>473.0625 </ENT> <ENT>476.0625 </ENT> <ENT>479.0625</ENT> </ROW> <ROW> <ENT I="01">470.0875 </ENT> <ENT>473.0875 </ENT> <ENT>476.0875 </ENT> <ENT>479.0875</ENT> </ROW> <ROW> <ENT I="01">470.1125 </ENT> <ENT>473.1125 </ENT> <ENT>476.1125 </ENT> <ENT>479.1125</ENT> </ROW> <ROW> <ENT I="01">470.1375 </ENT> <ENT>473.1375 </ENT> <ENT>476.1375 </ENT> <ENT>479.1375</ENT> </ROW> <ROW> <ENT I="01">470.1625 </ENT> <ENT>473.1625 </ENT> <ENT>476.1625 </ENT> <ENT>479.1625</ENT> </ROW> <ROW> <ENT I="01">470.1875 </ENT> <ENT>473.1875 </ENT> <ENT>476.1875 </ENT> <ENT>479.1875</ENT> </ROW> <ROW> <ENT I="01">470.2125 </ENT> <ENT>473.2125 </ENT> <ENT>476.2125 </ENT> <ENT>479.2125</ENT> </ROW> <ROW> <ENT I="01">470.2375 </ENT> <ENT>473.2375 </ENT> <ENT>476.2375 </ENT> <ENT>479.2375</ENT> </ROW> <ROW> <ENT I="01">470.2625 </ENT> <ENT>473.2625 </ENT> <ENT>476.2625 </ENT> <ENT>479.2625</ENT> </ROW> <ROW> <ENT I="01">470.2875 </ENT> <ENT>473.2875 </ENT> <ENT>476.2875 </ENT> <ENT>479.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">New York-Northeastern New Jersey </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">470.0125 </ENT> <ENT>470.1625 </ENT> <ENT>476.0125 </ENT> <ENT>476.1625</ENT> </ROW> <ROW> <ENT I="01">470.0375 </ENT> <ENT>470.1875 </ENT> <ENT>476.0375 </ENT> <ENT>476.1875</ENT> </ROW> <ROW> <ENT I="01">470.0625 </ENT> <ENT>470.2125 </ENT> <ENT>476.0625 </ENT> <ENT>476.2125</ENT> </ROW> <ROW> <ENT I="01">470.0875 </ENT> <ENT>470.2375 </ENT> <ENT>476.0875 </ENT> <ENT>476.2375</ENT> </ROW> <ROW> <ENT I="01">470.1125 </ENT> <ENT>470.2625 </ENT> <ENT>476.1125 </ENT> <ENT>476.2625</ENT> </ROW> <ROW> <ENT I="01">470.1375 </ENT> <ENT>470.2875 </ENT> <ENT>476.1375 </ENT> <ENT>476.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Dallas-Forth Worth </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">482.0125 </ENT> <ENT>482.1625 </ENT> <ENT>485.0125 </ENT> <ENT>485.1625</ENT> </ROW> <ROW> <ENT I="01">482.0375 </ENT> <ENT>482.1875 </ENT> <ENT>485.0375 </ENT> <ENT>485.1875</ENT> </ROW> <ROW> <ENT I="01">482.0625 </ENT> <ENT>482.2125 </ENT> <ENT>485.0625 </ENT> <ENT>485.2125</ENT> </ROW> <ROW> <ENT I="01">482.0875 </ENT> <ENT>482.2375 </ENT> <ENT>485.0875 </ENT> <ENT>485.2375</ENT> </ROW> <ROW> <ENT I="01">482.1125 </ENT> <ENT>482.2625 </ENT> <ENT>485.1125 </ENT> <ENT>485.2625</ENT> </ROW> <ROW> <ENT I="01">482.1375 </ENT> <ENT>482.2875 </ENT> <ENT>485.1375 </ENT> <ENT>485.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Detroit </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">476.0125 </ENT> <ENT>479.0125 </ENT> <ENT>482.0125 </ENT> <ENT>485.0125</ENT> </ROW> <ROW> <ENT I="01">476.0375 </ENT> <ENT>479.0375 </ENT> <ENT>482.0375 </ENT> <ENT>485.0375</ENT> </ROW> <ROW> <ENT I="01">476.0625 </ENT> <ENT>479.0625 </ENT> <ENT>482.0625 </ENT> <ENT>485.0625</ENT> </ROW> <ROW> <ENT I="01">476.0875 </ENT> <ENT>479.0875 </ENT> <ENT>482.0875 </ENT> <ENT>485.0875</ENT> </ROW> <ROW> <ENT I="01">476.1125 </ENT> <ENT>479.1125 </ENT> <ENT>482.1125 </ENT> <ENT>485.1125</ENT> </ROW> <ROW> <ENT I="01">476.1375 </ENT> <ENT>479.1375 </ENT> <ENT>482.1375 </ENT> <ENT>485.1375</ENT> </ROW> <ROW> <ENT I="01">476.1625 </ENT> <ENT>479.1625 </ENT> <ENT>482.1625 </ENT> <ENT>485.1625</ENT> </ROW> <ROW> <ENT I="01">476.1875 </ENT> <ENT>479.1875 </ENT> <ENT>482.1875 </ENT> <ENT>485.1875</ENT> </ROW> <ROW> <ENT I="01">476.2125 </ENT> <ENT>479.2125 </ENT> <ENT>482.2125 </ENT> <ENT>485.2125</ENT> </ROW> <ROW> <ENT I="01">476.2375 </ENT> <ENT>479.2375 </ENT> <ENT>482.2375 </ENT> <ENT>485.2375</ENT> </ROW> <ROW> <ENT I="01">476.2625 </ENT> <ENT>479.2625 </ENT> <ENT>482.2625 </ENT> <ENT>485.2625</ENT> </ROW> <ROW> <ENT I="01">476.2875 </ENT> <ENT>479.2875 </ENT> <ENT>482.2875 </ENT> <ENT>485.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Houston </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">488.1625 </ENT> <ENT>491.1625 </ENT> <ENT>488.2375 </ENT> <ENT>491.2375</ENT> </ROW> <ROW> <ENT I="01">488.1875 </ENT> <ENT>491.1875 </ENT> <ENT>488.2625 </ENT> <ENT>491.2625</ENT> </ROW> <ROW> <ENT I="01">488.2125 </ENT> <ENT>491.2125 </ENT> <ENT>488.2875 </ENT> <ENT>491.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Los Angeles </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">470.0125 </ENT> <ENT>473.0125 </ENT> <ENT>506.0625 </ENT> <ENT>509.0625</ENT> </ROW> <ROW> <ENT I="01">470.0375 </ENT> <ENT>473.0375 </ENT> <ENT>506.0875 </ENT> <ENT>509.0875</ENT> </ROW> <ROW> <ENT I="01">506.0125 </ENT> <ENT>509.0125 </ENT> <ENT>506.1125 </ENT> <ENT>509.1125</ENT> </ROW> <ROW> <ENT I="01">506.0375 </ENT> <ENT>509.0375 </ENT> <ENT> </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Miami </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">470.0125 </ENT> <ENT>470.1625 </ENT> <ENT>473.0125 </ENT> <ENT>473.1625</ENT> </ROW> <ROW> <ENT I="01">470.0375 </ENT> <ENT>470.1875 </ENT> <ENT>473.0375 </ENT> <ENT>473.1875</ENT> </ROW> <ROW> <ENT I="01">470.0625 </ENT> <ENT>470.2125 </ENT> <ENT>473.0625 </ENT> <ENT>473.2125</ENT> </ROW> <ROW> <ENT I="01">470.0875 </ENT> <ENT>470.2375 </ENT> <ENT>473.0875 </ENT> <ENT>473.2375</ENT> </ROW> <ROW> <ENT I="01">470.1125 </ENT> <ENT>470.2625 </ENT> <ENT>473.1125 </ENT> <ENT>473.2625</ENT> </ROW> <ROW> <ENT I="01">470.1375 </ENT> <ENT>470.2875 </ENT> <ENT>473.1375 </ENT> <ENT>473.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Philadelphia </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">500.0125 </ENT> <ENT>503.0125 </ENT> <ENT>506.0125 </ENT> <ENT>509.0125</ENT> </ROW> <ROW> <ENT I="01">500.0375 </ENT> <ENT>503.0375 </ENT> <ENT>506.0375 </ENT> <ENT>509.0375</ENT> </ROW> <ROW> <ENT I="01">500.0625 </ENT> <ENT>503.0625 </ENT> <ENT>506.0625 </ENT> <ENT>509.0625</ENT> </ROW> <ROW> <ENT I="01">500.0875 </ENT> <ENT>503.0875 </ENT> <ENT>506.0875 </ENT> <ENT>509.0875</ENT> </ROW> <ROW> <ENT I="01">500.1125 </ENT> <ENT>503.1125 </ENT> <ENT>506.1125 </ENT> <ENT>509.1125</ENT> </ROW> <ROW> <ENT I="01">500.1375 </ENT> <ENT>503.1375 </ENT> <ENT>506.1375 </ENT> <ENT>509.1375</ENT> </ROW> <ROW> <ENT I="01">500.1625 </ENT> <ENT>503.1625 </ENT> <ENT>506.1625 </ENT> <ENT>509.1625</ENT> </ROW> <ROW> <ENT I="01">500.1875 </ENT> <ENT>503.1875 </ENT> <ENT>506.1875 </ENT> <ENT>509.1875</ENT> </ROW> <ROW> <ENT I="01">500.2125 </ENT> <ENT>503.2125 </ENT> <ENT>506.2125 </ENT> <ENT>509.2125</ENT> </ROW> <ROW> <ENT I="01">500.2375 </ENT> <ENT>503.2375 </ENT> <ENT>506.2375 </ENT> <ENT>509.2375</ENT> </ROW> <ROW> <ENT I="01">500.2625 </ENT> <ENT>503.2625 </ENT> <ENT>506.2625 </ENT> <ENT>509.2625</ENT> </ROW> <ROW> <ENT I="01">500.2875 </ENT> <ENT>503.2875 </ENT> <ENT>506.2875 </ENT> <ENT>509.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Pittsburgh </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">470.0125</ENT> <ENT>470.1625</ENT> <ENT>473.0125</ENT> <ENT>473.1625</ENT> </ROW> <ROW> <ENT I="01">470.0375</ENT> <ENT>470.1875</ENT> <ENT>473.0375</ENT> <ENT>473.1875</ENT> </ROW> <ROW> <ENT I="01">470.0625</ENT> <ENT>470.2125</ENT> <ENT>473.0625</ENT> <ENT>473.2125</ENT> </ROW> <ROW> <ENT I="01">470.0875</ENT> <ENT>470.2375</ENT> <ENT>473.0875</ENT> <ENT>473.2375</ENT> </ROW> <ROW> <ENT I="01">470.1125</ENT> <ENT>470.2625</ENT> <ENT>473.1125</ENT> <ENT>473.2625</ENT> </ROW> <ROW> <ENT I="01">470.1375</ENT> <ENT>470.2875</ENT> <ENT>473.1375</ENT> <ENT>473.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">San Francisco </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">482.0125</ENT> <ENT>485.0125</ENT> <ENT>488.0125</ENT> <ENT>491.0125</ENT> </ROW> <ROW> <ENT I="01">482.0375 </ENT> <ENT>485.0375 </ENT> <ENT>488.0375 </ENT> <ENT>491.0375</ENT> </ROW> <ROW> <ENT I="01">482.0625</ENT> <ENT>485.0625</ENT> <ENT>488.0625</ENT> <ENT>491.0625</ENT> </ROW> <ROW> <ENT I="01">482.0875</ENT> <ENT>485.0875</ENT> <ENT>488.0875</ENT> <ENT>491.0875</ENT> </ROW> <ROW> <ENT I="01">482.1125</ENT> <ENT>485.1125</ENT> <ENT>488.1125</ENT> <ENT>491.1125</ENT> </ROW> <ROW> <ENT I="01">482.1375</ENT> <ENT>485.1375</ENT> <ENT>488.1375</ENT> <ENT>491.1375</ENT> </ROW> <ROW> <ENT I="01">482.1625</ENT> <ENT>485.1625</ENT> <ENT>488.1625</ENT> <ENT>491.1625</ENT> </ROW> <ROW> <ENT I="01">482.1875</ENT> <ENT>485.1875</ENT> <ENT>488.1875</ENT> <ENT>491.1875</ENT> </ROW> <ROW> <ENT I="01">482.2125</ENT> <ENT>485.2125</ENT> <ENT>488.2125</ENT> <ENT>491.2125</ENT> </ROW> <ROW> <ENT I="01">482.2375</ENT> <ENT>485.2375</ENT> <ENT>488.2375</ENT> <ENT>491.2375</ENT> </ROW> <ROW> <ENT I="01">482.2625</ENT> <ENT>485.2625</ENT> <ENT>488.2625</ENT> <ENT>491.2625</ENT> </ROW> <ROW> <ENT I="01">482.2875</ENT> <ENT>485.2875</ENT> <ENT>488.2875</ENT> <ENT>491.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Washington, DC </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">488.0125</ENT> <ENT>491.0125</ENT> <ENT>494.0125</ENT> <ENT>497.0125</ENT> </ROW> <ROW> <ENT I="01">488.0375</ENT> <ENT>491.0375</ENT> <ENT>494.0375</ENT> <ENT>497.0375</ENT> </ROW> <ROW> <ENT I="01">488.0625</ENT> <ENT>491.0625</ENT> <ENT>494.0625</ENT> <ENT>497.0625</ENT> </ROW> <ROW> <ENT I="01">488.0875</ENT> <ENT>491.0875</ENT> <ENT>494.0875</ENT> <ENT>497.0875</ENT> </ROW> <ROW> <ENT I="01">488.1125</ENT> <ENT>491.1125</ENT> <ENT>494.1125</ENT> <ENT>497.1125</ENT> </ROW> <ROW> <ENT I="01">488.1375</ENT> <ENT>491.1375</ENT> <ENT>494.1375</ENT> <ENT>497.1375</ENT> </ROW> <ROW> <ENT I="01">488.1625</ENT> <ENT>491.1625</ENT> <ENT>494.1625</ENT> <ENT>497.1625</ENT> </ROW> <ROW> <ENT I="01">488.1875</ENT> <ENT>491.1875</ENT> <ENT>494.1875</ENT> <ENT>497.1875</ENT> </ROW> <ROW> <ENT I="01">488.2125</ENT> <ENT>491.2125</ENT> <ENT>494.2125</ENT> <ENT>497.2125</ENT> </ROW> <ROW> <ENT I="01">488.2375</ENT> <ENT>491.2375</ENT> <ENT>494.2375</ENT> <ENT>497.2375</ENT> </ROW> <ROW> <ENT I="01">488.2625</ENT> <ENT>491.2625</ENT> <ENT>494.2625</ENT> <ENT>497.2625</ENT> </ROW> <ROW> <ENT I="01">488.2875</ENT> <ENT>491.2875</ENT> <ENT>494.2875</ENT> <ENT>497.2875</ENT> </ROW> </GPOTABLE> (a) Channels in the Private Radio General Access Pool and the Private Radio Power Pool may be assigned only if the applicant shows that none of the channels in the Public Mobile Pool are available for the proposed use. (b) Channels in the Public, Private, Government Shared Pool are allocated <PRTPAGE P="166"/>for assignment in the Private Operational-Fixed Microwave Service (47 CFR part 94) and to U.S. government fixed stations. <CITA>[59 FR 59507, Nov. 17, 1994; 60 FR 9890, Feb. 22, 1995, as amended at 61 FR 54099, Oct. 17, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.623</SECTNO> <SUBJECT>System configuration.</SUBJECT> This section requires a minimum configuration for point-to-multipoint systems using the channels listed in § 22.621. (a) <E T="03">928-960 MHz.</E> The channels may be assigned, individually or paired, only to fixed transmitters in a system that controls at least four public mobile base transmitters that transmit on the same channel. If a 932-933 MHz channel and a 941-942 MHz channel are assigned as a pair, the 941-942 MHz channel must be assigned only to control transmitters; the 932-933 MHz channel may be assigned to control or fixed relay transmitters. (b) <E T="03">470-512 MHz.</E> These channels may be assigned only individually (unpaired), to control transmitters that directly control at least four public mobile base transmitters that transmit on the same channel. Fixed relay transmitters are not authorized. (c) <E T="03">Selection and assignment.</E> The FCC selects and assigns a channel when granting applications for authorization to operate a new station to transmit in the 470-512, 932-933 and 941-942 MHz frequency ranges. Applicants having a preference may request the assignment of a specific channel or channel pair, but the FCC may in some cases be unable to satisfy such requests. </SECTION> <SECTION> <SECTNO>§ 22.625</SECTNO> <SUBJECT>Transmitter locations.</SUBJECT> This section governs where point-to-multipoint transmitters on the channels listed in § 22.621 may be located. (a) <E T="03">928-960 MHz.</E> In this frequency range, the required minimum distance separation between co-channel fixed transmitters is 113 kilometers (70 miles). However, this requirement may be waived if the applicant submits an engineering analysis that shows that no interference would be caused to either system. In such a case, a developmental authorization may be issued (see § 22.415). If no interference is experienced during the term of the developmental authorization, the licensee may apply for a regular authorization. (b) <E T="03">470-512 MHz.</E> The purpose of the rule in paragraph (b)(1) of this section is to define the areas in which the 470-512 MHz channels are allocated for public mobile use. The purpose of the rules in paragraphs (b)(2) and (b)(3) of this section is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur. (1) <E T="03">Control transmitter locations.</E> Control transmitter locations must be within 80 kilometers (50 miles) of the designated locations in this paragraph. <GPOTABLE CDEF="s25,10,10" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Urban area</CHED> <CHED H="1">N. latitude</CHED> <CHED H="1">W. longitude</CHED> </BOXHD> <ROW> <ENT I="01">Boston, MA </ENT> <ENT>42°21′24″ </ENT> <ENT>71°03′24″</ENT> </ROW> <ROW> <ENT I="01">Chicago, IL </ENT> <ENT>41°52′28″ </ENT> <ENT>87°38′22″</ENT> </ROW> <ROW> <ENT I="01">Cleveland, OH </ENT> <ENT>41°29′51″ </ENT> <ENT>81°41′50″</ENT> </ROW> <ROW> <ENT I="01">Dallas, TX </ENT> <ENT>32°47′09″ </ENT> <ENT>96°47′37″</ENT> </ROW> <ROW> <ENT I="01">Detroit, MI </ENT> <ENT>42°19′48″ </ENT> <ENT>83°02′57″</ENT> </ROW> <ROW> <ENT I="01">Houston, TX </ENT> <ENT>29°45′26″ </ENT> <ENT>95°21′37″</ENT> </ROW> <ROW> <ENT I="01">Los Angeles, CA </ENT> <ENT>34°03′15″ </ENT> <ENT>118°14′28″</ENT> </ROW> <ROW> <ENT I="01">Miami, FL </ENT> <ENT>25°46′37″ </ENT> <ENT>80°11′32″</ENT> </ROW> <ROW> <ENT I="01">New York, NY </ENT> <ENT>40°45′06″ </ENT> <ENT>73°59′39″</ENT> </ROW> <ROW> <ENT I="01">Philadelphia, PA </ENT> <ENT>39°56′58″ </ENT> <ENT>75°09′21″</ENT> </ROW> <ROW> <ENT I="01">Pittsburgh, PA </ENT> <ENT>40°26′19″ </ENT> <ENT>80°00′00″</ENT> </ROW> <ROW> <ENT I="01">San Francisco-Oakland, CA </ENT> <ENT>37°46′39″ </ENT> <ENT>122°24′40″</ENT> </ROW> <ROW> <ENT I="01">Washington, DC </ENT> <ENT>38°53′51″ </ENT> <ENT>77°00′33″ </ENT> </ROW> </GPOTABLE> (2) <E T="03">Protection from intermodulation interference.</E> Control transmitter locations must be at least 1.6 kilometers (1 mile) from the main transmitter locations of all TV stations transmitting on TV channels separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV channel containing the frequencies on which the control station will transmit. This requirement is intended to reduce the likelihood of intermodulation interference. (3) <E T="03">Co-channel protection from control transmitters with high antennas.</E> This paragraph applies only to control transmitters that utilize an antenna height of more than 152 meters (500 feet) above average terrain. The distance between the location of such a control transmitter and the applicable protected TV station location specified in this paragraph must equal or exceed the sum of the distance from the control transmitter location to the radio horizon in the direction of the specified location and 89 kilometers (55 miles—representing the distance from the main transmitter location of the TV station to its Grade B contour in the <PRTPAGE P="167"/>direction of the control transmitter). The protected TV station locations in this paragraph are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. (i) The protected TV station locations are as follows: <GPOTABLE CDEF="s25,r100" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Control transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> </BOXHD> <ROW> <ENT I="01">470-476 MHz</ENT> <ENT>Washington, DC 38°57′17″ 77°00′17″</ENT> </ROW> <ROW> <ENT I="01">476-482 MHz</ENT> <ENT>Lancaster, PA 40°15′45″ 76°27′49″</ENT> </ROW> </GPOTABLE> (ii) The distance to the radio horizon is calculated using the following formula: <MATH DEEP="14" SPAN="1"> <MID>ER17NO94.008</MID> </MATH> <FP SOURCE="FP-2">where</FP> <FP SOURCE="FP-2">d is the distance to the radio horizon in kilometers</FP> <FP SOURCE="FP-2">h is the height of the antenna center of radiation above ground level in meters</FP> </SECTION> <SECTION> <SECTNO>§ 22.627</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> The effective radiated power (ERP) of transmitters operating on the channels listed in § 22.621 must not exceed the limits in this section. (a) <E T="03">Maximum ERP.</E> The ERP must not exceed the applicable limits in this paragraph under any circumstances. <GPOTABLE CDEF="s25,10" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Frequency range (MHz)</CHED> <CHED H="1">Maximum ERP (watts)</CHED> </BOXHD> <ROW> <ENT I="01">470-512</ENT> <ENT>1000</ENT> </ROW> <ROW> <ENT I="01">928-929</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="01">932-933</ENT> <ENT>30</ENT> </ROW> <ROW> <ENT I="01">941-942</ENT> <ENT>600</ENT> </ROW> <ROW> <ENT I="01">952-960</ENT> <ENT>150</ENT> </ROW> </GPOTABLE> (b) <E T="03">470-512 MHz limits</E>. The purpose of the rules in paragraphs (b)(1) through (b)(3) of this section is to reduce the likelihood that interference to television receiption from public mobile operations on these channels will occur. The protected TV station locations specified in this section are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. (1) <E T="03">Co-channel protection</E>. The ERP of control transmitters must not exceed the limits in the tables in paragraphs (b)(1)(ii) and (b)(1)(iii) of this section. The limits depend upon the height above average terrain of the control transmitter antenna and the distance between the control transmitter and the nearest protected TV station location in paragraph (b)(1)(i) of this section. (i) The protected TV station locations are as follows: <GPOTABLE CDEF="s100,40" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Control transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> </BOXHD> <ROW> <ENT I="01">470-476 MHz </ENT> <ENT>Jacksonville, IL39°45′52″90°30′29″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mt. Pleasant, MI43°34′24″84°46′21″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Oxford, OH39°30′26″84°44′09″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Washington, DC38°57′17″77°00′17″.</ENT> </ROW> <ROW> <ENT I="01">476-482 MHz </ENT> <ENT>Champaign, IL40°04′11″87°54′45″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Madison, WI43°03′01″89°29′15″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Parkersburg, WV39°20′50″81°33′56″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Fort Wayne, IN41°05′35″85°10′42″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lancaster, PA40°15′45″76°27′49″.</ENT> </ROW> <ROW> <ENT I="01">482-488 MHz </ENT> <ENT>South Bend, IN41°36′26″86°27′48″.</ENT> </ROW> <ROW> <ENT I="01">488-494 MHz </ENT> <ENT>Philadelphia, PA40°02′30″75°14′24″.</ENT> </ROW> <ROW> <ENT I="01">494-500 MHz </ENT> <ENT O="oi2">None.</ENT> </ROW> <ROW> <ENT I="01">500-506 MHz </ENT> <ENT>Johnstown, PA40°19′47″78°53′45″.</ENT> </ROW> <ROW> <ENT I="01">506-512 MHz </ENT> <ENT>Washington, DC38°57′49″77°06′18″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Waterbury, CT41°31′02″73°01′00″.</ENT> </ROW> </GPOTABLE> (ii) Table E-3 and E-4 apply to control transmitters in the New York-Northeastern New Jersey and Cleveland urban areas that transmit on channels in the 476-482 MHz range and to control transmitters in the Detroit urban area that transmit on channels in the 482-488 MHz range. (iii) Tables E-5 and E-6 apply to all control transmitters except those to which Tables E-3 and E-4 apply.<PRTPAGE P="168"/> (2) <E T="03">Adjacent channel protection</E>. The ERP of control transmitters must not exceed the limits in Table E-7. The limits depend upon the height above average terrain of the control transmitter antenna and the distance between the control transmitter and the nearest protected TV station location listed in this paragraph. The protected TV station locations are as follows: <GPOTABLE CDEF="s25,r100,7" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Control transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> <CHED H="1">TV channel</CHED> </BOXHD> <ROW> <ENT I="11">470-476 MHz: </ENT> <ENT>Hanover, NH 43°42′30″ 72°09′16″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Madison, WI 43°03′01″ 89°29′15″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Champaign, IL 40°04′11″ 87°54′45″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>San Diego, CA 32°41′48″ 116°56′10″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lancaster, PA 40°15′45″ 76°27′49″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Parkersburg, WV 39°20′50″ 81°33′′56″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="11">476-482 MHz: </ENT> <ENT>South Bend, IN 41°36′20″ 86°12′44″ </ENT> <ENT>(16)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Pittsburgh, PA 40°26′46″ 79°57′51″ </ENT> <ENT>(16)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mt. Pleasant, MI 43°34′24″ 84°46′21″ </ENT> <ENT>(14)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Scranton, PA 41°10′58″ 75°52′21″ </ENT> <ENT>(16)</ENT> </ROW> <ROW> <ENT I="11">482-488 MHz: </ENT> <ENT>Hanover, NH 43°42′30″ 72°09′16″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Fort Wayne, IN 41°05′35″ 85°10′42″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="11">488-494 MHz: </ENT> <ENT>Salisbury, MD 38°24′15″ 75°34′45″ </ENT> <ENT>(16)</ENT> </ROW> <ROW> <ENT I="11">494-500 MHz: </ENT> <ENT>Philadelphia, PA 40°02′30″ 75°14′24″ </ENT> <ENT>(17)</ENT> </ROW> <ROW> <ENT I="11">500-506 MHz: </ENT> <ENT>Washington, DC 38°57′49″ 77°06′18″ </ENT> <ENT>(20)</ENT> </ROW> <ROW> <ENT I="11">506-512 MHz: </ENT> <ENT>Harrisburg, PA 40°20′44″ 76°52′09″ </ENT> <ENT>(21)</ENT> </ROW> </GPOTABLE> (c) <E T="03">Los Angeles area.</E> This paragraph applies only to control transmitters in the Los Angeles urban area that utilize an antenna height of 457 or more meters (1500 or more feet) above mean sea level. The ERP of such transmitters must not exceed the following limits: <GPOTABLE CDEF="s25,7" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Antenna height</CHED> <CHED H="2">AMSL in meters (feet)</CHED> <CHED H="1">ERP</CHED> <CHED H="2">(Watts)</CHED> </BOXHD> <ROW> <ENT I="01"> 457 (1500) to 610 (2000) </ENT> <ENT>155</ENT> </ROW> <ROW> <ENT I="01"> 611 (2001) to 762 (2500) </ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="01"> 763 (2501) to 914 (3000) </ENT> <ENT> 70</ENT> </ROW> <ROW> <ENT I="01"> 915 (3001) to 1067 (3500) </ENT> <ENT> 50</ENT> </ROW> <ROW> <ENT I="01">1068 (3501) to 1219 (4000) </ENT> <ENT> 40</ENT> </ROW> <ROW> <ENT I="01">1220 (4001) to 1372 (4500) </ENT> <ENT> 30</ENT> </ROW> <ROW> <ENT I="01">1373 (4501) and above </ENT> <ENT> 25</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s10,6,6,6,6,6,6,6,6,6,6" COLS="11" OPTS="L2,i1"> <TTITLE>Table E-3.—Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">15 <LI>(50)</LI> </CHED> <CHED H="2">30 <LI>(100)</LI> </CHED> <CHED H="2">46 <LI>(150)</LI> </CHED> <CHED H="2">61 <LI>(200)</LI> </CHED> <CHED H="2">76 <LI>(250)</LI> </CHED> <CHED H="2">91 <LI>(300)</LI> </CHED> <CHED H="2">107 <LI>(350)</LI> </CHED> <CHED H="2">122 <LI>(400)</LI> </CHED> <CHED H="2">137 <LI>(450)</LI> </CHED> <CHED H="2">152 <LI>(500)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">209 (130)</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> </ROW> <ROW> <ENT I="01">201 (125)</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>850</ENT> <ENT>750</ENT> <ENT>725</ENT> </ROW> <ROW> <ENT I="01">193 (120)</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>900</ENT> <ENT>750</ENT> <ENT>675</ENT> <ENT>600</ENT> <ENT>550</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="01">185 (115)</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>800</ENT> <ENT>725</ENT> <ENT>600</ENT> <ENT>525</ENT> <ENT>475</ENT> <ENT>425</ENT> <ENT>375</ENT> <ENT>350</ENT> </ROW> <ROW> <ENT I="01">177 (110)</ENT> <ENT>850</ENT> <ENT>700</ENT> <ENT>600</ENT> <ENT>500</ENT> <ENT>425</ENT> <ENT>375</ENT> <ENT>325</ENT> <ENT>300</ENT> <ENT>275</ENT> <ENT>225</ENT> </ROW> <ROW> <ENT I="01">169 (105)</ENT> <ENT>600</ENT> <ENT>475</ENT> <ENT>400</ENT> <ENT>325</ENT> <ENT>275</ENT> <ENT>250</ENT> <ENT>225</ENT> <ENT>200</ENT> <ENT>175</ENT> <ENT>150</ENT> </ROW> <ROW> <ENT I="01">161 (100)</ENT> <ENT>400</ENT> <ENT>325</ENT> <ENT>275</ENT> <ENT>225</ENT> <ENT>175</ENT> <ENT>150</ENT> <ENT>140</ENT> <ENT>125</ENT> <ENT>110</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="01">153 (95)</ENT> <ENT>275</ENT> <ENT>225</ENT> <ENT>175</ENT> <ENT>125</ENT> <ENT>110</ENT> <ENT>95</ENT> <ENT>80</ENT> <ENT>70</ENT> <ENT>60</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="01">145 (90)</ENT> <ENT>175</ENT> <ENT>125</ENT> <ENT>100</ENT> <ENT>75</ENT> <ENT>50</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <TNOTE>See § 22.627(b)(1)(ii). This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s100,6,6,6,6,6,6" COLS="7" OPTS="L2,i1"> <TTITLE>Table E-4.—Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">152 (500)</CHED> <CHED H="2">305 (1000)</CHED> <CHED H="2">457 (1500)</CHED> <CHED H="2">610 (2000)</CHED> <CHED H="2">762 (2500)</CHED> <CHED H="2">914 (3000)</CHED> </BOXHD> <ROW> <ENT I="01">209 (130)</ENT> <ENT>1000</ENT> <ENT>447</ENT> <ENT>219</ENT> <ENT>117</ENT> <ENT>71</ENT> <ENT>46</ENT> </ROW> <ROW> <ENT I="01">193 (120)</ENT> <ENT>500</ENT> <ENT>209</ENT> <ENT>95</ENT> <ENT>50</ENT> <ENT>30</ENT> <ENT>19</ENT> </ROW> <ROW> <ENT I="01">177 (110)</ENT> <ENT>225</ENT> <ENT>91</ENT> <ENT>35</ENT> <ENT>19</ENT> <ENT>11</ENT> <ENT>8</ENT> </ROW> <ROW> <ENT I="01">161 (100)</ENT> <ENT>100</ENT> <ENT>30</ENT> <ENT>10</ENT> <ENT>5</ENT> <ENT>3</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="01">153 (95)</ENT> <ENT>50</ENT> <ENT>13</ENT> <ENT>5</ENT> <ENT>3</ENT> <ENT>2</ENT> <ENT>1</ENT> </ROW> <TNOTE>See § 22.627(b)(1)(ii). This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP.</TNOTE> </GPOTABLE> <PRTPAGE P="169"/> <GPOTABLE CDEF="s10,6,6,6,6,6,6,6,6,6,6" COLS="11" OPTS="L2,i1"> <TTITLE>Table E-5.—Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna Height Above Average Terrain in meters (feet)</CHED> <CHED H="2">15 <LI>(50)</LI> </CHED> <CHED H="2">30 <LI>(100)</LI> </CHED> <CHED H="2">46 <LI>(150)</LI> </CHED> <CHED H="2">61 <LI>(200)</LI> </CHED> <CHED H="2">76 <LI>(250)</LI> </CHED> <CHED H="2">91 <LI>(300)</LI> </CHED> <CHED H="2">107 <LI>(350)</LI> </CHED> <CHED H="2">122 <LI>(400)</LI> </CHED> <CHED H="2">137 <LI>(450)</LI> </CHED> <CHED H="2">152 <LI>(500)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">261 (162) </ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> </ROW> <ROW> <ENT I="01">257 (160) </ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>800</ENT> </ROW> <ROW> <ENT I="01">249 (155) </ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>875</ENT> <ENT>775</ENT> <ENT>700</ENT> <ENT>625</ENT> <ENT>575</ENT> </ROW> <ROW> <ENT I="01">241 (150) </ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>950</ENT> <ENT>775</ENT> <ENT>725</ENT> <ENT>625</ENT> <ENT>550</ENT> <ENT>500</ENT> <ENT>450</ENT> <ENT>400</ENT> </ROW> <ROW> <ENT I="01">233 (145) </ENT> <ENT>850</ENT> <ENT>750</ENT> <ENT>650</ENT> <ENT>575</ENT> <ENT>500</ENT> <ENT>440</ENT> <ENT>400</ENT> <ENT>350</ENT> <ENT>320</ENT> <ENT>300</ENT> </ROW> <ROW> <ENT I="01">225 (140) </ENT> <ENT>600</ENT> <ENT>575</ENT> <ENT>465</ENT> <ENT>400</ENT> <ENT>350</ENT> <ENT>300</ENT> <ENT>275</ENT> <ENT>250</ENT> <ENT>230</ENT> <ENT>225</ENT> </ROW> <ROW> <ENT I="01">217 (135) </ENT> <ENT>450</ENT> <ENT>400</ENT> <ENT>335</ENT> <ENT>300</ENT> <ENT>255</ENT> <ENT>240</ENT> <ENT>200</ENT> <ENT>185</ENT> <ENT>165</ENT> <ENT>150</ENT> </ROW> <ROW> <ENT I="01">209 (130) </ENT> <ENT>350</ENT> <ENT>300</ENT> <ENT>245</ENT> <ENT>200</ENT> <ENT>185</ENT> <ENT>160</ENT> <ENT>145</ENT> <ENT>125</ENT> <ENT>120</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="01">201 (125) </ENT> <ENT>225</ENT> <ENT>200</ENT> <ENT>170</ENT> <ENT>150</ENT> <ENT>125</ENT> <ENT>110</ENT> <ENT>100</ENT> <ENT>90</ENT> <ENT>80</ENT> <ENT>75</ENT> </ROW> <ROW> <ENT I="01">193 (120) </ENT> <ENT>175</ENT> <ENT>150</ENT> <ENT>125</ENT> <ENT>105</ENT> <ENT>90</ENT> <ENT>80</ENT> <ENT>70</ENT> <ENT>60</ENT> <ENT>55</ENT> <ENT>50</ENT> </ROW> <TNOTE> AAAAASee § 22.627(b)(1)(iii). This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s100,6,6,6,6,6,6" COLS="7" OPTS="L2,i1"> <TTITLE>Table E-6.—Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">152 (500)</CHED> <CHED H="2">305 (1000)</CHED> <CHED H="2">457 (1500)</CHED> <CHED H="2">610 (2000)</CHED> <CHED H="2">762 (2500)</CHED> <CHED H="2">914 (3000)</CHED> </BOXHD> <ROW> <ENT I="01">261 (162) </ENT> <ENT>1000</ENT> <ENT>501</ENT> <ENT>282</ENT> <ENT>170</ENT> <ENT>110</ENT> <ENT>71</ENT> </ROW> <ROW> <ENT I="01">241 (150) </ENT> <ENT>400</ENT> <ENT>209</ENT> <ENT>110</ENT> <ENT>60</ENT> <ENT>36</ENT> <ENT>23</ENT> </ROW> <ROW> <ENT I="01">225 (140) </ENT> <ENT>225</ENT> <ENT>102</ENT> <ENT>50</ENT> <ENT>28</ENT> <ENT>16</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="01">209 (130) </ENT> <ENT>100</ENT> <ENT>48</ENT> <ENT>21</ENT> <ENT>11</ENT> <ENT>7</ENT> <ENT>5</ENT> </ROW> <ROW> <ENT I="01">193 (120) </ENT> <ENT>50</ENT> <ENT>19</ENT> <ENT>9</ENT> <ENT>5</ENT> <ENT>3</ENT> <ENT>2</ENT> </ROW> <TNOTE> AAAAASee § 22.627(b)(1)(iii). This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s100,6,6,6,6,6,6,6,6,6" COLS="10" OPTS="L2,i1"> <TTITLE>Table E-7.—Maximum ERP (Watts) for Control Transmitters</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">30 <LI>(100)</LI> </CHED> <CHED H="2">46 <LI>(150)</LI> </CHED> <CHED H="2">61 <LI>(200)</LI> </CHED> <CHED H="2">76 <LI>(250)</LI> </CHED> <CHED H="2">91 <LI>(300)</LI> </CHED> <CHED H="2">107 <LI>(350)</LI> </CHED> <CHED H="2">122 <LI>(400)</LI> </CHED> <CHED H="2">137 <LI>(450)</LI> </CHED> <CHED H="2">152 <LI>(500)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">108 (67) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000</ENT> </ROW> <ROW> <ENT I="01">106 (66) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>750</ENT> </ROW> <ROW> <ENT I="01">105 (65) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>825 </ENT> <ENT>650 </ENT> <ENT>600</ENT> </ROW> <ROW> <ENT I="01">103 (64) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>775 </ENT> <ENT>625 </ENT> <ENT>500 </ENT> <ENT>400</ENT> </ROW> <ROW> <ENT I="01">101 (63) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>440 </ENT> <ENT>400 </ENT> <ENT>350 </ENT> <ENT>320 </ENT> <ENT>300</ENT> </ROW> <ROW> <ENT I="01">100 (62) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>525 </ENT> <ENT>375 </ENT> <ENT>250 </ENT> <ENT>200 </ENT> <ENT>150 </ENT> <ENT>125</ENT> </ROW> <ROW> <ENT I="01">98 (61) </ENT> <ENT>1000 </ENT> <ENT>700 </ENT> <ENT>450 </ENT> <ENT>250 </ENT> <ENT>200 </ENT> <ENT>125 </ENT> <ENT>100 </ENT> <ENT>75 </ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="01">97 (60) </ENT> <ENT>1000 </ENT> <ENT>425 </ENT> <ENT>225 </ENT> <ENT>125 </ENT> <ENT>100 </ENT> <ENT>75 </ENT> <ENT>50 </ENT> <ENT/> <ENT/> </ROW> <TNOTE>See § 22.627(b)(2). This table applies to control transmitters in the Boston, Chicago, Cleveland, Detroit, Los Angeles, New York-Northeastern New Jersey, Philadelphia, Pittsburgh and Washington, DC urban areas. This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.</TNOTE> </GPOTABLE> <CITA>[59 FR 59507, Nov. 17, 1994; 60 FR 9890, Feb. 22, 1995]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">470-512 MHz Trunked Mobile Operation</HD> <SECTION> <SECTNO>§ 22.651</SECTNO> <SUBJECT>470-512 MHz channels for trunked mobile operation.</SUBJECT> The following channels are allocated for assignment to transmitters providing trunked public mobile service within the specified urban areas. All channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. <GPOTABLE CDEF="s15,xl15,r15,xl15" COLS="4" OPTS="L0,b0,6/7,g1,t1,i1"> <ROW EXPSTB="03"> <ENT I="21">Houston </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">488.0125 </ENT> <ENT>491.0125 </ENT> <ENT>488.0875 </ENT> <ENT>491.0875</ENT> </ROW> <ROW> <ENT I="01">488.0375 </ENT> <ENT>491.0375 </ENT> <ENT>488.1125 </ENT> <ENT>491.1125</ENT> </ROW> <ROW> <ENT I="01">488.0625 </ENT> <ENT>491.0625 </ENT> <ENT>488.1375 </ENT> <ENT>491.1375 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">New York-Northern New Jersey </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">473.0125 </ENT> <ENT>479.0125 </ENT> <ENT>473.1625 </ENT> <ENT>479.1625</ENT> </ROW> <ROW> <ENT I="01">473.0375 </ENT> <ENT>479.0375 </ENT> <ENT>473.1875 </ENT> <ENT>479.1875</ENT> </ROW> <ROW> <ENT I="01">473.0625 </ENT> <ENT>479.0625 </ENT> <ENT>473.2125 </ENT> <ENT>479.2125</ENT> </ROW> <ROW> <ENT I="01">473.0875 </ENT> <ENT>479.0875 </ENT> <ENT>473.2375 </ENT> <ENT>479.2375</ENT> </ROW> <ROW> <ENT I="01">473.1125 </ENT> <ENT>479.1125 </ENT> <ENT>473.2625 </ENT> <ENT>479.2625</ENT> </ROW> <ROW> <ENT I="01">473.1375 </ENT> <ENT>479.1375 </ENT> <ENT>473.2875 </ENT> <ENT>479.2875</ENT> </ROW> </GPOTABLE> <PRTPAGE P="170"/> <CITA>[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.653</SECTNO> <SUBJECT>Eligibility.</SUBJECT> Only licensees already authorized to provide trunked mobile service or their successors in interest are eligible to apply for additional use of these channels for trunked mobile service, and then only in the urban areas already authorized. </SECTION> <SECTION> <SECTNO>§ 22.655</SECTNO> <SUBJECT>Channel usage.</SUBJECT> The FCC is redesignating the public mobile channels in the 470-512 MHz range from trunked mobile operation to point-to-multipoint operation as the demand for trunked mobile service decreases. (a) The licensees in each market shall measure channel usage at least once every 3 months. These measurements shall be reported to the FCC within 30 days. Measurements shall be taken during the busiest 12-hour periods on 3 days (within a 7-day period) having normal usage. The information must be reported separately for each of the 3 days selected, must be reported by dates, and must disclose the following: (1) The number of mobile units in service during each of the days specified; (2) The number of calls completed each hour; (3) The total number of minutes during each hour that the channels were utilized for communications by the mobile units; (4) The average channel usage for the busiest hour for the 3 days measured; and (5) Any additional information that more accurately reflects channel usage. (b) If the measured probability of blocking decreases below 25%, the FCC will redesignate channels not needed to maintain blocking at 25% or less. The number of channels needed to maintain blocking below 25% will be determined from the channel usage reports and the Erlang C tables. (c) Although two or more channels are necessary to provide trunked service, the FCC may, pursuant to this section, reduce to one the number of channels assigned. In such cases, the licensee may provide non-trunked two-way public mobile service on the one remaining channel. </SECTION> <SECTION> <SECTNO>§ 22.657</SECTNO> <SUBJECT>Transmitter locations.</SUBJECT> The purpose of the rules in paragraphs (a) and (b) of this section is to define the areas in which the 470-512 MHz channels are allocated for public mobile use. The purpose of the rules in paragraphs (c) through (f) of this section is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur. The protected TV station locations specified in paragraphs (d), (e)(1) and (f) of this section are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. (a) <E T="03">Base transmitter locations.</E> Base transmitter locations must be within 80 kilometers (50 miles) of the designated locations in this paragraph. Mobile transmitters must not be operated at locations more than 129 kilometers (80 miles) from the designated locations in this paragraph. <GPOTABLE CDEF="s25,10,10" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Urban area</CHED> <CHED H="1">N. latitude</CHED> <CHED H="1">W. longitude</CHED> </BOXHD> <ROW> <ENT I="01">Houston, TX </ENT> <ENT>29°45′26″ </ENT> <ENT>95°21′37″</ENT> </ROW> <ROW> <ENT I="01">New York, NY-NE NJ </ENT> <ENT>40°45′06″ </ENT> <ENT>73°59′39″ </ENT> </ROW> </GPOTABLE> (b) <E T="03">Mobile area of operation.</E> Mobile transmitters must not be operated at locations more than 48 kilometers (30 miles) from all associated base stations. (c) <E T="03">Protection from intermodulation interference.</E> Base transmitter locations must be at least 1.6 kilometers (1 mile) from the current main transmitter locations of all TV stations transmitting on TV channels separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV channel containing the frequencies on which the base station will transmit. This requirement is intended to reduce the likelihood of intermodulation interference. (d) <E T="03">Adjacent channel protection from mobile transmitters.</E> Base transmitter locations must be at least 145 kilometers (90 miles) from the applicable protected TV station locations specified in this paragraph. This requirement is intended to provide a 0 dB minimum desired to undesired signal strength ratio <PRTPAGE P="171"/>at the Grade B contour of an adjacent channel TV station. <GPOTABLE CDEF="s25,r100,7" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Mobile transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> <CHED H="1">TV channel</CHED> </BOXHD> <ROW> <ENT I="01">470-476 MHz </ENT> <ENT>Lancaster, PA 40°15′45″ 76°27′49″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="01">476-482 MHz </ENT> <ENT>Scranton, PA 41°10′58″ 75°52′21″ </ENT> <ENT>(16)</ENT> </ROW> </GPOTABLE> (e) <E T="03">Co-channel protection from mobile transmitters.</E> Base transmitter locations must be at least the distance specified in paragraph (e)(2) of this section from the applicable protected TV station locations specified in paragraph (e)(1) of this section. This requirement is intended to provide a 40 dB minimum desired to undesired signal strength ratio at the Grade B contour of a co-channel TV station. (1) The protected TV station locations are as follows: <GPOTABLE CDEF="s25,r100" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Mobile transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> </BOXHD> <ROW> <ENT I="01">470-476 MHz </ENT> <ENT>Washington, DC 38°57′17″ 77°00′17″.</ENT> </ROW> <ROW> <ENT I="01">476-482 MHz </ENT> <ENT>Lancaster, PA 40°15′45″ 76°27′49″.</ENT> </ROW> </GPOTABLE> (2) The required minimum distance depends upon the effective radiated power (ERP) of the most powerful mobile transmitter(s) in the system: <GPOTABLE CDEF="s25,8,8" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Mobile unit ERP (watts)</CHED> <CHED H="1">Minimum distance</CHED> <CHED H="2">Kilometers</CHED> <CHED H="2">Miles</CHED> </BOXHD> <ROW> <ENT I="01">60 </ENT> <ENT>193 </ENT> <ENT>(120)</ENT> </ROW> <ROW> <ENT I="01">50 </ENT> <ENT>185 </ENT> <ENT>(115)</ENT> </ROW> <ROW> <ENT I="01">25 </ENT> <ENT>177 </ENT> <ENT>(110)</ENT> </ROW> <ROW> <ENT I="01">10 </ENT> <ENT>169 </ENT> <ENT>(105)</ENT> </ROW> <ROW> <ENT I="01">5 </ENT> <ENT>161 </ENT> <ENT>(100)</ENT> </ROW> </GPOTABLE> (f) <E T="03">Co-channel protection from base transmitters with high antennas.</E> This paragraph applies only to base transmitter locations in the New York-Northeastern New Jersey urban area that utilize an antenna height of more than 152 meters (500 feet) above average terrain. The distance between the location of such a base transmitter and the applicable protected TV station location specified in this paragraph must equal or exceed the sum of the distance from the base transmitter location to the radio horizon in the direction of the specified location and 89 kilometers (55 miles—representing the distance from the main transmitter location of the TV station to its Grade B contour in the direction of the base transmitter). The distance to the radio horizon is calculated as follows: <MATH DEEP="14" SPAN="1"> <MID>ER17NO94.009</MID> </MATH> <FP SOURCE="FP-2">where</FP> <FP SOURCE="FP-2">d is the distance to the radio horizon in kilometers</FP> <FP SOURCE="FP-2">h is the height of the antenna center of radiation above ground level in meters</FP> <GPOTABLE CDEF="s25,r100" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Base transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> </BOXHD> <ROW> <ENT I="01">470-476 MHz </ENT> <ENT>Washington, DC 38°57′17″ 77°00′17″.</ENT> </ROW> <ROW> <ENT I="01">476-482 MHz </ENT> <ENT>Lancaster, PA 40°15′45″″ 76°27′49″.</ENT> </ROW> </GPOTABLE> (g) The FCC may waive specific distance separation requirements of paragraphs (d) through (f) of this section if the applicant submits an engineering analysis which demonstrates that terrain effects and/or operation with less effective radiated power would satisfy the applicable minimum desired to undesired signal strength ratios at the Grade B contours of the protected TV stations. For this purpose, the Grade B contour of a TV station is deemed to be a circle with a 89 kilometer (55 mile) radius, centered on the protected TV station location, and along which the median TV signal field strength is 64 dBμV/m. In any showing intended to demonstrate compliance with the minimum desired to undesired signal ratio requirements of this section, all predicted field strengths must have been determined using the UHF TV propagation curves contained in part 73 of this chapter. </SECTION> <SECTION> <SECTNO>§ 22.659</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> The purpose of the rules in this section, which limit effective radiated power (ERP), is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur. The protected TV station locations specified in this section are the locations of record <PRTPAGE P="172"/>as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. (a) <E T="03">Maximum ERP.</E> The ERP of base transmitters must not exceed 100 Watts under any circumstances. The ERP of mobile transmitters must not exceed 60 Watts under any circumstances. (b) <E T="03">Co-channel protection from base transmitters.</E> The ERP of base transmitters in the New York-Northeastern New Jersey urban area must not exceed the limits in the tables referenced in paragraphs (b)(2) and (b)(3) of this section. The limits depend upon the height above average terrain of the base transmitter antenna and the distance between the base transmitter and the nearest protected TV station location in paragraph (b)(1) of this section. (1) The protected TV station locations are as follows: <GPOTABLE CDEF="s25,r100" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Base transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> </BOXHD> <ROW> <ENT I="01">470-476 MHz </ENT> <ENT>Washington, DC 38°57′17″ 77°00′17″.</ENT> </ROW> <ROW> <ENT I="01">476-482 MHz </ENT> <ENT>Lancaster, PA 40°15′45″″ 76°27′49″.</ENT> </ROW> </GPOTABLE> (2) Tables E-8 and E-9 of this section apply to base transmitters in the New York-Northeastern New Jersey urban area that transmit on channels in the 476-482 MHz range. (3) Tables E-10 and E-11 of this section apply to base transmitters in the New York-Northeastern New Jersey urban area that transmit on channels in the 470-476 MHz range. (c) <E T="03">Adjacent channel protection from base transmitters.</E> The ERP of base transmitters must not exceed the limits in Table E-12 of this section. The limits depend upon the height above average terrain of the base transmitter antenna and the distance between the base transmitter and the nearest protected TV station location specified in paragraph (c)(1) of this section. (1) The protected TV station locations are as follows: <GPOTABLE CDEF="s25,r100,7" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Base transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> <CHED H="1">TV channel</CHED> </BOXHD> <ROW> <ENT I="01">470-476 MHz</ENT> <ENT>Hanover, NH 43°42′30″ 72°09′16″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lancaster, PA 40°15′45″ 76°27′49″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="01">476-482 MHz</ENT> <ENT>Scranton, PA 41°10′58″ 75°52′21″ </ENT> <ENT>(16)</ENT> </ROW> <ROW> <ENT I="01">482-488 MHz</ENT> <ENT>Hanover, NH 43°42′30″ 72°09′16″ </ENT> <ENT>(15)</ENT> </ROW> </GPOTABLE> (2) Table E-12 of this section applies to base transmitters in the New York-Northeastern New Jersey urban area. <GPOTABLE CDEF="s10,6,6,6,6,6,6,6,6,6,6" COLS="11" OPTS="L2,i1"> <TTITLE>Table E-8.—Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">15 <LI>(50)</LI> </CHED> <CHED H="2">30 <LI>(100)</LI> </CHED> <CHED H="2">46 <LI>(150)</LI> </CHED> <CHED H="2">61 <LI>(200)</LI> </CHED> <CHED H="2">76 <LI>(250)</LI> </CHED> <CHED H="2">91 <LI>(300)</LI> </CHED> <CHED H="2">107 <LI>(350)</LI> </CHED> <CHED H="2">122 <LI>(400)</LI> </CHED> <CHED H="2">137 <LI>(450)</LI> </CHED> <CHED H="2">152 <LI>(500)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">209 (130) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000</ENT> </ROW> <ROW> <ENT I="01">201 (125) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>850 </ENT> <ENT>750 </ENT> <ENT>725</ENT> </ROW> <ROW> <ENT I="01">193 (120) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>900 </ENT> <ENT>750 </ENT> <ENT>675 </ENT> <ENT>600 </ENT> <ENT>550 </ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="01">185 (115) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>800 </ENT> <ENT>725 </ENT> <ENT>600 </ENT> <ENT>525 </ENT> <ENT>475 </ENT> <ENT>425 </ENT> <ENT>375 </ENT> <ENT>350</ENT> </ROW> <ROW> <ENT I="01">177 (110) </ENT> <ENT>850 </ENT> <ENT>700 </ENT> <ENT>600 </ENT> <ENT>500 </ENT> <ENT>425 </ENT> <ENT>375 </ENT> <ENT>325 </ENT> <ENT>300 </ENT> <ENT>275 </ENT> <ENT>225</ENT> </ROW> <ROW> <ENT I="01">169 (105) </ENT> <ENT>600 </ENT> <ENT>475 </ENT> <ENT>400 </ENT> <ENT>325 </ENT> <ENT>275 </ENT> <ENT>250 </ENT> <ENT>225 </ENT> <ENT>200 </ENT> <ENT>175 </ENT> <ENT>150</ENT> </ROW> <ROW> <ENT I="01">161 (100) </ENT> <ENT>400 </ENT> <ENT>325 </ENT> <ENT>275 </ENT> <ENT>225 </ENT> <ENT>175 </ENT> <ENT>150 </ENT> <ENT>140 </ENT> <ENT>125 </ENT> <ENT>110 </ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="01">153 (95) </ENT> <ENT>275 </ENT> <ENT>225 </ENT> <ENT>175 </ENT> <ENT>125 </ENT> <ENT>110 </ENT> <ENT>95 </ENT> <ENT>80 </ENT> <ENT>70 </ENT> <ENT>60 </ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="01">145 (90) </ENT> <ENT>175 </ENT> <ENT>125 </ENT> <ENT>100 </ENT> <ENT>75 </ENT> <ENT>50 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <TNOTE>See § 22.659(b)(2). This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s100,6,6,6,6,6,6" COLS="7" OPTS="L2,i1"> <TTITLE>Table E-9.—Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">152 (500)</CHED> <CHED H="2">305 (1000)</CHED> <CHED H="2">457 (1500)</CHED> <CHED H="2">610 (2000)</CHED> <CHED H="2">762 (2500)</CHED> <CHED H="2">914 (3000)</CHED> </BOXHD> <ROW> <ENT I="01">209 (130) </ENT> <ENT>1000 </ENT> <ENT>447 </ENT> <ENT>219 </ENT> <ENT>117 </ENT> <ENT>71 </ENT> <ENT>46</ENT> </ROW> <ROW> <ENT I="01">193 (120) </ENT> <ENT>500 </ENT> <ENT>209 </ENT> <ENT>95 </ENT> <ENT>50 </ENT> <ENT>30 </ENT> <ENT>19</ENT> </ROW> <ROW> <ENT I="01">177 (110) </ENT> <ENT>225 </ENT> <ENT>91 </ENT> <ENT>35 </ENT> <ENT>19 </ENT> <ENT>11 </ENT> <ENT>8</ENT> </ROW> <ROW> <ENT I="01">161 (100) </ENT> <ENT>100 </ENT> <ENT>30 </ENT> <ENT>10 </ENT> <ENT>5 </ENT> <ENT>3 </ENT> <ENT>2</ENT> </ROW> <ROW> <PRTPAGE P="173"/> <ENT I="01">153 (95) </ENT> <ENT>50 </ENT> <ENT>13 </ENT> <ENT>5 </ENT> <ENT>3 </ENT> <ENT>2 </ENT> <ENT>1</ENT> </ROW> <TNOTE>See § 22.659(b)(2). This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s10,6,6,6,6,6,6,6,6,6,6" COLS="11" OPTS="L2,i1"> <TTITLE>Table E-10.—Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">15 <LI>(50)</LI> </CHED> <CHED H="2">30 <LI>(100)</LI> </CHED> <CHED H="2">46 <LI>(150)</LI> </CHED> <CHED H="2">61 <LI>(200)</LI> </CHED> <CHED H="2">76 <LI>(250)</LI> </CHED> <CHED H="2">91 <LI>(300)</LI> </CHED> <CHED H="2">107 <LI>(350)</LI> </CHED> <CHED H="2">122 <LI>(400)</LI> </CHED> <CHED H="2">137 <LI>(450)</LI> </CHED> <CHED H="2">152 <LI>(500)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">261 (162) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000</ENT> </ROW> <ROW> <ENT I="01">257 (160) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>800</ENT> </ROW> <ROW> <ENT I="01">249 (155) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>875 </ENT> <ENT>775 </ENT> <ENT>700 </ENT> <ENT>625 </ENT> <ENT>575</ENT> </ROW> <ROW> <ENT I="01">241 (150) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>950 </ENT> <ENT>775 </ENT> <ENT>725 </ENT> <ENT>625 </ENT> <ENT>550 </ENT> <ENT>500 </ENT> <ENT>450 </ENT> <ENT>400</ENT> </ROW> <ROW> <ENT I="01">233 (145) </ENT> <ENT>850 </ENT> <ENT>750 </ENT> <ENT>650 </ENT> <ENT>575 </ENT> <ENT>500 </ENT> <ENT>440 </ENT> <ENT>400 </ENT> <ENT>350 </ENT> <ENT>320 </ENT> <ENT>300</ENT> </ROW> <ROW> <ENT I="01">225 (140) </ENT> <ENT>600 </ENT> <ENT>575 </ENT> <ENT>465 </ENT> <ENT>400 </ENT> <ENT>350 </ENT> <ENT>300 </ENT> <ENT>275 </ENT> <ENT>250 </ENT> <ENT>230 </ENT> <ENT>225</ENT> </ROW> <ROW> <ENT I="01">217 (135) </ENT> <ENT>450 </ENT> <ENT>400 </ENT> <ENT>335 </ENT> <ENT>300 </ENT> <ENT>255 </ENT> <ENT>240 </ENT> <ENT>200 </ENT> <ENT>185 </ENT> <ENT>165 </ENT> <ENT>150</ENT> </ROW> <ROW> <ENT I="01">209 (130) </ENT> <ENT>350 </ENT> <ENT>300 </ENT> <ENT>245 </ENT> <ENT>200 </ENT> <ENT>185 </ENT> <ENT>160 </ENT> <ENT>145 </ENT> <ENT>125 </ENT> <ENT>120 </ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="01">201 (125) </ENT> <ENT>225 </ENT> <ENT>200 </ENT> <ENT>170 </ENT> <ENT>150 </ENT> <ENT>125 </ENT> <ENT>110 </ENT> <ENT>100 </ENT> <ENT>90 </ENT> <ENT>80 </ENT> <ENT>75</ENT> </ROW> <ROW> <ENT I="01">193 (120) </ENT> <ENT>175 </ENT> <ENT>150 </ENT> <ENT>125 </ENT> <ENT>105 </ENT> <ENT>90 </ENT> <ENT>80 </ENT> <ENT>70 </ENT> <ENT>60 </ENT> <ENT>55 </ENT> <ENT>50</ENT> </ROW> <TNOTE>See § 22.659(b)(3). This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s100,6,6,6,6,6,6" COLS="7" OPTS="L2,i1"> <TTITLE>Table E-11.—Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">152 (500)</CHED> <CHED H="2">305 (1000)</CHED> <CHED H="2">457 (1500)</CHED> <CHED H="2">610 (2000)</CHED> <CHED H="2">762 (2500)</CHED> <CHED H="2">914 (3000)</CHED> </BOXHD> <ROW> <ENT I="01">261 (162) </ENT> <ENT>1000 </ENT> <ENT>501 </ENT> <ENT>282 </ENT> <ENT>170 </ENT> <ENT>110 </ENT> <ENT>71</ENT> </ROW> <ROW>

CODE OF FEDERAL REGULATIONS47 Telecommunication 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

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

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

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Raymond A. Mosley, Director, Office of the Federal Register. October 1, 1998. 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 (§ 73.201) and a table of FM allotments designated for use in communities in the United States, its territories, and possessions (§ 73.202). Part 73 also contains a numerical designation of television channels (§ 73.603) and a table of allotments which contain channels designated for the listed communities in the United States, its territories, and possessions (§ 73.606).

The OMB control numbers for the Federal Communications Commission, appear in § 0.408 of chapter I. For the convenience of the user § 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.

CFRORDR.FRM2 47 CFR Ch. I (10-1-98 Edition) Federal Communications Commission <CHAPTER> <SUBCHAP TYPE="N"> <PRTPAGE P="5"/> <HD SOURCE="HED">SUBCHAPTER B—COMMON CARRIER SERVICES</HD> <PART> <EAR>Pt. 20</EAR> <HD SOURCE="HED">PART 20—COMMERCIAL MOBILE RADIO SERVICES</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>20.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>20.3</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>20.5</SECTNO> <SUBJECT>Citizenship.</SUBJECT> <SECTNO>20.6</SECTNO> <SUBJECT>CMRS spectrum aggregation limit.</SUBJECT> <SECTNO>20.7</SECTNO> <SUBJECT>Mobile services.</SUBJECT> <SECTNO>20.9</SECTNO> <SUBJECT>Commercial mobile radio service.</SUBJECT> <SECTNO>20.11</SECTNO> <SUBJECT>Interconnection to facilities of local exchange carriers.</SUBJECT> <SECTNO>20.12</SECTNO> <SUBJECT>Resale and roaming.</SUBJECT> <SECTNO>20.13</SECTNO> <SUBJECT>State petitions for authority to regulate rates.</SUBJECT> <SECTNO>20.15</SECTNO> <SUBJECT>Requirements under Title II of the Communications Act.</SUBJECT> <SECTNO>20.18</SECTNO> <SUBJECT>911 Service.</SUBJECT> <SECTNO>20.20</SECTNO> <SUBJECT>Conditions applicable to provision of CMRS service by incumbent Local Exchange Carriers.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 47 U.S.C. 154, 160, 251-254, 303, and 332 unless otherwise noted. </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 59 FR 18495, Apr. 19, 1994, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 20.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> The purpose of these rules is to set forth the requirements and conditions applicable to commercial mobile radio service providers. </SECTION> <SECTION> <SECTNO>§ 20.3</SECTNO> <SUBJECT>Definitions.</SUBJECT> <E T="03">Automatic Number Identification</E> (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. <E T="03">Commercial mobile radio service.</E> A mobile service that is: (a)(1) provided for profit, <E T="03">i.e.</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. <E T="03">Designated PSAP.</E> 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. <E T="03">Incumbent Wide Area SMR Licensees.</E> 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. <E T="03">Interconnection or Interconnected.</E> 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. <E T="03">Interconnected Service.</E> 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. <E T="03">Mobile Service.</E> 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 <PRTPAGE P="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. <E T="03">Private Mobile Radio Service.</E> 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 § 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). <E T="03">Pseudo Automatic Number Identification</E> (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. <E T="03">Public Safety Answering Point.</E> A point that has been designated to receive 911 calls and route them to emergency service personnel. <E T="03">Public Switched Network.</E> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.5</SECTNO> <SUBJECT>Citizenship.</SUBJECT> (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. <CITA>[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 55580, Oct. 28, 1996]</CITA> </SECTION> <SECTION> <PRTPAGE P="7"/> <SECTNO>§ 20.6</SECTNO> <SUBJECT>CMRS spectrum aggregation limit.</SUBJECT> (a) <E T="03">45 MHz limitation.</E> No licensee in the broadband PCS, cellular, or SMR services (including all parties under common control) regulated as CMRS (see § 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) <E T="03">SMR spectrum.</E> 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) <E T="03">Significant overlap.</E> (1) For purposes of paragraph (a) of this section, significant overlap of a PCS licensed service area and CGSA(s) (as defined in § 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) <E T="03">Ownership attribution.</E> 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 § 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 <PRTPAGE P="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 § 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)<E T="03"> Divestiture</E>. (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 <PRTPAGE P="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 §§ 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> <HD SOURCE="HED">Note 1 to § 20.6:</HD> 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> <NOTE> <HD SOURCE="HED">Note 2 to § 20.6:</HD> 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> <NOTE> <HD SOURCE="HED">Note 3 to § 20.6:</HD> Waivers of § 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. </NOTE> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.7</SECTNO> <SUBJECT>Mobile services.</SUBJECT> 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);<PRTPAGE P="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 § 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). </SECTION> <SECTION> <SECTNO>§ 20.9</SECTNO> <SUBJECT>Commercial mobile radio service.</SUBJECT> (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 (§ 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.<PRTPAGE P="11"/> (A) The petition must show that: (<E T="03">1</E>) The mobile service in question meets the definition of commercial mobile radio service; or (<E T="03">2</E>) 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 §§ 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 § 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 §§ 1.1 through 1.52 of this chapter and § 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 § 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. <CITA>[59 FR 18495, Apr. 19, 1994, as amended at 62 FR 18843, Apr. 17, 1997; 63 FR 40062, July 27, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.11</SECTNO> <SUBJECT>Interconnection to facilities of local exchange carriers.</SUBJECT> (a) A local exchange carrier must provide the type of interconnection <PRTPAGE P="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 §§ 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. <CITA>[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 45619, Aug. 29, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.12</SECTNO> <SUBJECT>Resale and roaming.</SUBJECT> (a) <E T="03">Scope of section.</E> 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) <E T="03">Resale.</E> 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) <E T="03">Roaming.</E> 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. <CITA>[61 FR 38402, July 24, 1996, as amended at 61 FR 43981, Aug. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.13</SECTNO> <SUBJECT>State petitions for authority to regulate rates.</SUBJECT> (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 <PRTPAGE P="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 § 1.45 of this chapter, practice and procedure rules contained in §§ 1.42-1.52 of this chapter shall apply. The provisions of §§ 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 <PRTPAGE P="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 § 1.42-1.52 of this chapter apply. The provisions of §§ 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. </SECTION> <SECTION> <SECTNO>§ 20.15</SECTNO> <SUBJECT>Requirements under Title II of the Communications Act.</SUBJECT> (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 §§ 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 §§ 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, <E T="03">affiliation</E> is defined in § 63.18(h)(1)(i) of this chapter. (e) For obligations of commercial mobile radio service providers to provide local number portability, see § 52.1 of this chapter. <CITA>[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38637, July 25, 1996; 63 FR 43040, Aug. 11, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.18</SECTNO> <SUBJECT>911 Service.</SUBJECT> (a) <E T="03">Scope of section.</E> 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 <PRTPAGE P="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) <E T="03">Basic 911 Service.</E> 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) <E T="03">TTY Access to 911 Services.</E> 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 T="03">e.g.,</E> through the use of Text Telephone Devices (TTY). <NOTE> <HD SOURCE="HED">Note to paragraph (c):</HD> 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. </NOTE> (d) <E T="03">Phase I enhanced 911 services.</E> (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> <HD SOURCE="HED">Note to paragraph (d):</HD> 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. </NOTE> (e) <E T="03">Phase II enhanced 911 services.</E> 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) <E T="03">Conditions for enhanced 911 services.</E> 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) <E T="03">Dispatch service.</E> 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. <CITA>[63 FR 2637, Jan. 16, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.20</SECTNO> <SUBJECT>Conditions applicable to provision of CMRS service by incumbent Local Exchange Carriers.</SUBJECT> (a) <E T="03">Separate affiliate.</E> 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 <PRTPAGE P="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) <E T="03">Independence.</E> 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) <E T="03">Joint marketing.</E> 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) <E T="03">Rural telephone companies.</E> 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) <E T="03">Incumbent LECs with fewer than 2 percent of subscriber lines.</E> 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) <E T="03">Definitions.</E> Terms used in this section have the following meanings: <E T="03">Affiliate.</E> “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. <E T="03">Broadband Commercial Mobile Radio Service (Broadband CMRS).</E> 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).<PRTPAGE P="17"/> <E T="03">Incumbent Local Exchange Carrier (Incumbent LEC).</E> “Incumbent LEC” has the same meaning as that term is defined in § 51.5 of this chapter. <E T="03">In-region.</E> 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. <E T="03">Rural Telephone Company.</E> “Rural Telephone Company” has the same meaning as that term is defined in § 51.5 of this chapter. (f) <E T="03">Sunset.</E> This section will no longer be effective after January 1, 2002. <CITA>[62 FR 63871, Dec. 3, 1997]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 21</EAR> <HD SOURCE="HED">PART 21—DOMESTIC PUBLIC FIXED RADIO SERVICES</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>21.1</SECTNO> <SUBJECT>Scope and authority.</SUBJECT> <SECTNO>21.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Applications and Licenses</HD> <SUBJGRP> <HD SOURCE="HED">General Filing Requirements</HD> <SECTNO>21.3</SECTNO> <SUBJECT>Station authorization required.</SUBJECT> <SECTNO>21.4</SECTNO> <SUBJECT>Eligibility for station license.</SUBJECT> <SECTNO>21.5</SECTNO> <SUBJECT>Formal and informal applications.</SUBJECT> <SECTNO>21.6</SECTNO> <SUBJECT>Filing of applications, fees, and number of copies.</SUBJECT> <SECTNO>21.7</SECTNO> <SUBJECT>Standard application form for domestic public fixed radio service licenses.</SUBJECT> <SECTNO>21.8-21.10</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.11</SECTNO> <SUBJECT>Miscellaneous forms shared by all domestic public radio services.</SUBJECT> <SECTNO>21.12</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.13</SECTNO> <SUBJECT>General application requirements.</SUBJECT> <SECTNO>21.14</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.15</SECTNO> <SUBJECT>Technical content of applications.</SUBJECT> <SECTNO>21.16</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.17</SECTNO> <SUBJECT>Certification of financial qualifications.</SUBJECT> <SECTNO>21.18</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.19</SECTNO> <SUBJECT>Waiver of rules.</SUBJECT> <SECTNO>21.20</SECTNO> <SUBJECT>Defective applications.</SUBJECT> <SECTNO>21.21</SECTNO> <SUBJECT>Inconsistent or conflicting applications.</SUBJECT> <SECTNO>21.22</SECTNO> <SUBJECT>Repetitious applications.</SUBJECT> <SECTNO>21.23</SECTNO> <SUBJECT>Amendment of applications.</SUBJECT> <SECTNO>21.24</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.25</SECTNO> <SUBJECT>Application for temporary authorizations.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Processing of Applications</HD> <SECTNO>21.26</SECTNO> <SUBJECT>Receipt of applications.</SUBJECT> <SECTNO>21.27</SECTNO> <SUBJECT>Public notice period.</SUBJECT> <SECTNO>21.28</SECTNO> <SUBJECT>Dismissal and return of applications.</SUBJECT> <SECTNO>21.29</SECTNO> <SUBJECT>Ownership changes and agreements to amend or to dismiss applications or pleadings.</SUBJECT> <SECTNO>21.30</SECTNO> <SUBJECT>Opposition to applications.</SUBJECT> <SECTNO>21.31</SECTNO> <SUBJECT>Mutually exclusive applications.</SUBJECT> <SECTNO>21.32</SECTNO> <SUBJECT>Consideration of applications.</SUBJECT> <SECTNO>21.33</SECTNO> <SUBJECT>Grants by random selection.</SUBJECT> <SECTNO>21.34</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.35</SECTNO> <SUBJECT>Comparative evaluation of mutually exclusive applications.</SUBJECT> <SECTNO>21.36—21.37</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">License Transfers, Modifications, Conditions and Forfeitures</HD> <SECTNO>21.38</SECTNO> <SUBJECT>Assignment or transfer of station authorization.</SUBJECT> <SECTNO>21.39</SECTNO> <SUBJECT>Considerations involving transfer or assignment applications.</SUBJECT> <SECTNO>21.40</SECTNO> <SUBJECT>Modification of station license.</SUBJECT> <SECTNO>21.41</SECTNO> <SUBJECT>Special processing of applications for minor facility modifications.</SUBJECT> <SECTNO>21.42</SECTNO> <SUBJECT>Certain modifications not requiring prior authorization.</SUBJECT> <SECTNO>21.43</SECTNO> <SUBJECT>Period of construction; certification of completion of construction.</SUBJECT> <SECTNO>21.44</SECTNO> <SUBJECT>Forfeiture and termination of station authorizations.</SUBJECT> <SECTNO>21.45</SECTNO> <SUBJECT>License period.</SUBJECT> <SECTNO>21.50</SECTNO> <SUBJECT>Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from Domestic Public Fixed Radio Services to emerging technologies.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Technical Standards</HD> <SECTNO>21.100</SECTNO> <SUBJECT>Frequencies.</SUBJECT> <SECTNO>21.101</SECTNO> <SUBJECT>Frequency tolerance.</SUBJECT> <SECTNO>21.102—21.104</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.105</SECTNO> <SUBJECT>Bandwidth.</SUBJECT> <SECTNO>21.106</SECTNO> <SUBJECT>Emission limitations.</SUBJECT> <SECTNO>21.107</SECTNO> <SUBJECT>Transmitter power.</SUBJECT> <SECTNO>21.108</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.109</SECTNO> <SUBJECT>Antenna and antenna structures.</SUBJECT> <SECTNO>21.110</SECTNO> <SUBJECT>Antenna polarization.</SUBJECT> <SECTNO>21.111</SECTNO> <SUBJECT>Use of common antenna structure.</SUBJECT> <SECTNO>21.112</SECTNO> <SUBJECT>Marking of antenna structures.</SUBJECT> <SECTNO>21.113</SECTNO> <SUBJECT>Quiet zones and Arecibo Coordination Zone.</SUBJECT> <SECTNO>21.114-21.115</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.116</SECTNO> <SUBJECT>Topographical data.</SUBJECT> <SECTNO>21.117</SECTNO> <SUBJECT>Transmitter location.</SUBJECT> <SECTNO>21.118</SECTNO> <SUBJECT>Transmitter construction and installation.</SUBJECT> <SECTNO>21.119</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.120</SECTNO> <SUBJECT>Authorization of transmitters.</SUBJECT> <SECTNO>21.121</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.122</SECTNO> <SUBJECT>Microwave digital modulation.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Technical Operation</HD> <SECTNO>21.200</SECTNO> <SUBJECT>Station inspection.</SUBJECT> <SECTNO>21.201</SECTNO> <SUBJECT>Posting of station authorization information.</SUBJECT> <SECTNO>21.202—21.208</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.209</SECTNO> <SUBJECT>Communications concerning safety of life and property.<PRTPAGE P="18"/> </SUBJECT> <SECTNO>21.210</SECTNO> <SUBJECT>Operation during emergency.</SUBJECT> <SECTNO>21.211</SECTNO> <SUBJECT>Suspension of transmission.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Miscellaneous</HD> <SECTNO>21.300</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.301</SECTNO> <SUBJECT>National defense; free service.</SUBJECT> <SECTNO>21.302</SECTNO> <SUBJECT>Answers to notices of violation.</SUBJECT> <SECTNO>21.303</SECTNO> <SUBJECT>Discontinuance, reduction or impairment of service.</SUBJECT> <SECTNO>21.304</SECTNO> <SUBJECT>Tariffs, reports, and other material required to be submitted to the Commission.</SUBJECT> <SECTNO>21.305</SECTNO> <SUBJECT>Reports required concerning amendments to charters and partnership agreements.</SUBJECT> <SECTNO>21.306</SECTNO> <SUBJECT>Requirement that licensees respond to official communications.</SUBJECT> <SECTNO>21.307</SECTNO> <SUBJECT>Equal employment opportunities.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Developmental Authorizations</HD> <SECTNO>21.400</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <SECTNO>21.401</SECTNO> <SUBJECT>Scope of service.</SUBJECT> <SECTNO>21.402</SECTNO> <SUBJECT>Adherence to program of research and development.</SUBJECT> <SECTNO>21.403</SECTNO> <SUBJECT>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.</SUBJECT> <SECTNO>21.404</SECTNO> <SUBJECT>Terms of grant; general limitations.</SUBJECT> <SECTNO>21.405</SECTNO> <SUBJECT>Supplementary showing required.</SUBJECT> <SECTNO>21.406</SECTNO> <SUBJECT>Developmental report required.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subparts G—J[Reserved]</HD> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—Multipoint Distribution Service</HD> <SECTNO>21.900</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <SECTNO>21.901</SECTNO> <SUBJECT>Frequencies.</SUBJECT> <SECTNO>21.902</SECTNO> <SUBJECT>Frequency interference.</SUBJECT> <SECTNO>21.903</SECTNO> <SUBJECT>Purpose and permissible service.</SUBJECT> <SECTNO>21.904</SECTNO> <SUBJECT>Transmitter power.</SUBJECT> <SECTNO>21.905</SECTNO> <SUBJECT>Emissions and bandwidth.</SUBJECT> <SECTNO>21.906</SECTNO> <SUBJECT>Antennas.</SUBJECT> <SECTNO>21.907</SECTNO> <SUBJECT>Transmission standards.</SUBJECT> <SECTNO>21.908</SECTNO> <SUBJECT>Television transmitting equipment.</SUBJECT> <SECTNO>21.909</SECTNO> <SUBJECT>MDS response stations.</SUBJECT> <SECTNO>21.910</SECTNO> <SUBJECT>Special procedures for discontinuance, reduction or impairment of service by common carrier MDS licensees.</SUBJECT> <SECTNO>21.911</SECTNO> <SUBJECT>Annual reports.</SUBJECT> <SECTNO>21.912</SECTNO> <SUBJECT>Cable television company eligibility requirements.</SUBJECT> <SECTNO>21.913</SECTNO> <SUBJECT>Signal booster stations.</SUBJECT> <SECTNO>21.914</SECTNO> <SUBJECT>Mutually-exclusive MDS applications.</SUBJECT> <SECTNO>21.915</SECTNO> <SUBJECT>One-to-a-market requirement.</SUBJECT> <SECTNO>21.920</SECTNO> <SUBJECT>Applicability of cable television EEO requirements to MDS and MMDS facilities.</SUBJECT> <SECTNO>21.921</SECTNO> <SUBJECT>Basis and purpose for electronic filing and competitive bidding process.</SUBJECT> <SECTNO>21.922</SECTNO> <SUBJECT>Authorized frequencies.</SUBJECT> <SECTNO>21.923</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <SECTNO>21.924</SECTNO> <SUBJECT>Service areas.</SUBJECT> <SECTNO>21.925</SECTNO> <SUBJECT>Applications for BTA authorizations and MDS station licenses.</SUBJECT> <SECTNO>21.926</SECTNO> <SUBJECT>Amendments to long-form applications.</SUBJECT> <SECTNO>21.927</SECTNO> <SUBJECT>Sole bidding applicants.</SUBJECT> <SECTNO>21.928</SECTNO> <SUBJECT>Acceptability of short- and long-form applications.</SUBJECT> <SECTNO>21.929</SECTNO> <SUBJECT>Authorization period for station licenses.</SUBJECT> <SECTNO>21.930</SECTNO> <SUBJECT>Five-year build-out requirements.</SUBJECT> <SECTNO>21.931</SECTNO> <SUBJECT>Partitioned service areas (PSAs).</SUBJECT> <SECTNO>21.932</SECTNO> <SUBJECT>Forfeiture of incumbent MDS station licenses.</SUBJECT> <SECTNO>21.933</SECTNO> <SUBJECT>Protected service areas.</SUBJECT> <SECTNO>21.934</SECTNO> <SUBJECT>Assignment or transfer of control of BTA authorizations.</SUBJECT> <SECTNO>21.935</SECTNO> <SUBJECT>Assignment or transfer of control of station licenses within a BTA.</SUBJECT> <SECTNO>21.936</SECTNO> <SUBJECT>Cancellation of authorization.</SUBJECT> <SECTNO>21.937</SECTNO> <SUBJECT>Negotiated interference protection.</SUBJECT> <SECTNO>21.938</SECTNO> <SUBJECT>BTA and PSA technical and interference provisions.</SUBJECT> <SECTNO>21.939</SECTNO> <SUBJECT>Harmful interference abatement.</SUBJECT> <SECTNO>21.940</SECTNO> <SUBJECT>Non-subscription MDS service.</SUBJECT> <SECTNO>21.941—21.949</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>21.950</SECTNO> <SUBJECT>MDS subject to competitive bidding.</SUBJECT> <SECTNO>21.951</SECTNO> <SUBJECT>MDS competitive bidding procedures.</SUBJECT> <SECTNO>21.952</SECTNO> <SUBJECT>Bidding application procedures.</SUBJECT> <SECTNO>21.953</SECTNO> <SUBJECT>Prohibition of collusion.</SUBJECT> <SECTNO>21.954</SECTNO> <SUBJECT>Submission of up front payments.</SUBJECT> <SECTNO>21.955</SECTNO> <SUBJECT>Submission of down payments.</SUBJECT> <SECTNO>21.956</SECTNO> <SUBJECT>Filing of long-form applications or statements of intention.</SUBJECT> <SECTNO>21.957</SECTNO> <SUBJECT>Petitions to deny against long-form applications; comments on statements of intention.</SUBJECT> <SECTNO>21.958</SECTNO> <SUBJECT>Full payment and issuance of BTA authorizations.</SUBJECT> <SECTNO>21.959</SECTNO> <SUBJECT>Withdrawal, default and disqualification.</SUBJECT> <SECTNO>21.960</SECTNO> <SUBJECT>Designated entity provisions for MDS.</SUBJECT> <SECTNO>21.961</SECTNO> <SUBJECT>Definitions applicable to designated entity provisions.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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. </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 44 FR 60534, Oct. 19, 1979, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 21.1</SECTNO> <SUBJECT>Scope and authority.</SUBJECT> (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.<PRTPAGE P="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. <CITA>[52 FR 37776, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> As used in this part: <E T="03">Antenna power gain.</E> 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.) <E T="03">Antenna power input.</E> 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. <E T="03">Antenna structures.</E> The antenna, its supporting structure and anything attached to it. <E T="03">Assigned frequency.</E> The centre of the frequency band assigned to a station. <E T="03">Authorized bandwidth.</E> 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. <E T="03">Authorized frequency.</E> The frequency, or frequency range, assigned to a station by the Commission and specified in the instrument of authorization. <E T="03">Authorized power.</E> The maximum power a station is permitted to use. This power is specified by the Commission in the station's authorization. <E T="03">Bandwidth occupied by an emission.</E> 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. <E T="03">Basic Trading Area (BTA).</E> 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 § 21.924(b). <E T="03">Bit rate.</E> The rate of transmission of information in binary (two state) form in bits per unit time. <E T="03">BTA authorization holder.</E> The individual or entity authorized by the Commission to provide Multipoint Distribution Service to the population of a BTA. <E T="03">BTA service area.</E> 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. <E T="03">Carrier.</E> 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. <E T="03">Carrier frequency.</E> The output of a transmitter when the modulating wave is made zero. <E T="03">Communication common carrier.</E> Any person engaged in rendering communication service for hire to the public. <E T="03">Control point.</E> 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.<PRTPAGE P="20"/> <E T="03">Control station.</E> 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. <E T="03">Coordination distance.</E> 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. <E T="03">Digital modulation.</E> 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. <E T="03">Domestic fixed public service.</E> 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. <E T="03">Domestic public radio services.</E> The land mobile and domestic fixed public services the stations which are open to public correspondence. <NOTE> <HD SOURCE="HED">Note:</HD> 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. </NOTE> <E T="03">Earth station.</E> 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. <E T="03">Effective radiated power (ERP).</E> The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction. <E T="03">Equivalent Isotropically Radiated Power (EIRP).</E> 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). <E T="03">Facsimile.</E> 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. <E T="03">Fixed earth station.</E> An earth station intended to be used at a specified fixed point. <E T="03">Fixed station.</E> A station in the fixed service. <E T="03">Frequency tolerance.</E> 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. <E T="03">Harmful interference.</E> Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service. <E T="03">Incumbent.</E> An MDS station that was authorized or proposed before September 15, 1995, including those stations that are subsequently modified, renewed or reinstated. <E T="03">Landing area.</E> 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.<PRTPAGE P="21"/> <E T="03">Microwave frequencies.</E> As used in this part, this term refers to frequencies of 890 MHz and above. <E T="03">Multichannel multipoint distribution service.</E> Those multipoint distribution service channels that use the frequency band 2596 MHz to 2644 MHz and associated response channels. <E T="03">Multipoint distribution service.</E> 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. <E T="03">Multipoint distribution service response station.</E> A fixed station operated at an MDS receive location to provide communications with the associated station in the Multipoint Distribution Service. <E T="03">Necessary bandwidth of emission.</E> 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> <HD SOURCE="HED">Note:</HD> The necessary bandwidth for an emission may be calculated using the formulas in § 2.202 of this chapter. </NOTE> <E T="03">Partitioned service area authorization holder.</E> The individual or entity authorized by the Commission to provide Multipoint Distribution Service to the population of a partitioned service area. <E T="03">Partitioned service area (PSA).</E> 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. <E T="03">Private line service.</E> 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. <E T="03">Public correspondence.</E> Any telecommunication which the offices and stations, by reason of their being at the disposal of the public, must accept for transmission. <E T="03">Radio station.</E> A separate transmitter or a group of transmitters under simultaneous common control, including the accessory equipment required for carrying on a radiocommunication service. <E T="03">Radiocommunication.</E> Telecommunication by means of radio waves. <E T="03">Rated power output.</E> 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. <E T="03">Record communication.</E> Any transmission of intelligence which is reduced to visual record form at the point of reception. <E T="03">Reference frequency.</E> 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. <E T="03">Relay station.</E> A fixed station used for the reception and retransmission of the signals of another station or stations. <E T="03">Repeater station.</E> A fixed station established for the automatic retransmission of radiocommunications received from one or more stations and directed to a specified receiver site. <E T="03">Signal booster station.</E> 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. <E T="03">Standby transmitter.</E> 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. <E T="03">Symbol rate.</E> 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.<PRTPAGE P="22"/> <E T="03">Television.</E> A form of telecommunication for transmission of transient images of fixed or moving objects. <E T="03">Television STL station (studio transmitter link).</E> 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. <CITA>[61 FR 26671, May 28, 1996]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Applications and Licenses</HD> <SUBJGRP> <HD SOURCE="HED">General Filing Requirements</HD> <SECTION> <SECTNO>§ 21.3</SECTNO> <SUBJECT>Station authorization required.</SUBJECT> (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 § 1.1307 of the Commission's rules, the requisite environmental assessment as prescribed in § 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 § 1.1312 of this chapter. <CITA>[52 FR 37777, Oct. 9, 1987, as amended at 55 FR 20397, May 16, 1990; 61 FR 26673, May 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.4</SECTNO> <SUBJECT>Eligibility for station license.</SUBJECT> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 61 FR 55580, Oct. 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.5</SECTNO> <SUBJECT>Formal and informal applications.</SUBJECT> (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 <PRTPAGE P="23"/>and completely the facts involved and authorization desired. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37777, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.6</SECTNO> <SUBJECT>Filing of applications, fees, and numbers of copies.</SUBJECT> (a) As prescribed by §§ 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 § 0.121. (b) Applications requiring fees as set forth in part 1, subpart G of this chapter must be filed in accordance with § 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 § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.7</SECTNO> <SUBJECT>Standard application form for domestic public fixed radio service licenses.</SUBJECT> 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 §§ 21.40(a) and 21.41, to notify the Commission of modifications made pursuant to § 21.42, and to delete licensed facilities. FCC Form 494A shall be submitted to certify completion of construction. <CITA>[52 FR 37777, Oct. 9, 1987, as amended at 60 FR 36551, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§§ 21.8-21.10</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.11</SECTNO> <SUBJECT>Miscellaneous forms shared by all domestic public radio services.</SUBJECT> (a) <E T="03">Licensee qualifications.</E> 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) <E T="03">Additional time to construct</E>—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) <E T="03">Renewal of station license.</E> 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 <PRTPAGE P="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) <E T="03">Assignment of license.</E> 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 (<E T="03">pro forma</E>) 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) <E T="03">Partial assignment of license.</E> 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. <FP>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.</FP> (f) <E T="03">Transfer of control of corporation holding a conditional license or license.</E> FCC Form 704 (“Application for Consent to Transfer of Control”) must be submitted in order to voluntarily or involuntarily transfer control (<E T="03">de jure</E> or <E T="03">de facto</E>) of a corporation holding any conditional licenses or licenses. FCC Form 704 must also be used for non-substantial (<E T="03">pro forma</E>) 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) <E T="03">Antenna Structure Registration.</E> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.12</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.13</SECTNO> <SUBJECT>General application requirements.</SUBJECT> (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;<PRTPAGE P="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 § 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 T="03">e.g.</E>, 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 §§ 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 § 1.1306 of the Commission's rules. If answered affirmatively, an Environmental Assessment as described by § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.14</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.15</SECTNO> <SUBJECT>Technical content of applications.</SUBJECT> 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 <PRTPAGE P="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 § 21.111 if the structure is used by more than one station. (e) <E T="03">Antenna Structure Registration Number.</E> 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 <PRTPAGE P="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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.16</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.17</SECTNO> <SUBJECT>Certification of financial qualifications.</SUBJECT> 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. <CITA>[52 FR 37778, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.18</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.19</SECTNO> <SUBJECT>Waiver of rules.</SUBJECT> 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. <CITA>[52 FR 37778, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.20</SECTNO> <SUBJECT>Defective applications.</SUBJECT> (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:<PRTPAGE P="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 § 21.31 or § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.21</SECTNO> <SUBJECT>Inconsistent or conflicting applications.</SUBJECT> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37779, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.22</SECTNO> <SUBJECT>Repetitious applications.</SUBJECT> (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 <PRTPAGE P="29"/>be considered until the final disposition of such appeal. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37779, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.23</SECTNO> <SUBJECT>Amendment of applications.</SUBJECT> (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 § 21.35, or for the random selection process, provided, however, that the amendments must comply with the provisions of § 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 § 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 <E T="03">pro forma</E> 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 <E T="03">pro forma</E> 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 <E T="03">pro forma</E> change of ownership or control (bankruptcy, death or legal disability) of a pending Multipoint Distribution Service application and any application seeking more than a <E T="03">pro forma</E> 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 § 21.27 and § 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 § 1.1307 of the Commission's rules, which would require the submission of an environmental assessment, see § 1.1311 of this chapter, and Commission environmental review, <E T="03">see</E> §§ 1.1308 and 1.1312 of this chapter. (4) If the amendment results in a substantial and material alteration of the proposed service.<PRTPAGE P="30"/> (5) If the amendment specifies a substantial change in benefical ownership or control (<E T="03">de jure</E> or <E T="03">de facto</E>) 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 § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.24</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.25</SECTNO> <SUBJECT>Application for temporary authorizations.</SUBJECT> (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 § 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 § 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 <PRTPAGE P="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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 27252, June 14, 1983; 52 FR 37779, Oct. 9, 1987]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Processing of Applications</HD> <SECTION> <SECTNO>§ 21.26</SECTNO> <SUBJECT>Receipt of applications.</SUBJECT> 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 § 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. <CITA>[52 FR 37779, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.27</SECTNO> <SUBJECT>Public notice period.</SUBJECT> (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 § 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 § 21.23, or as a minor modification to a license pursuant to § 21.41; (2) For temporary authorization pursuant to § 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., § 21.41), no application that has appeared on public notice will be granted until the expiration of a period of thirty days following the <PRTPAGE P="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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.28</SECTNO> <SUBJECT>Dismissal and return of applications.</SUBJECT> (a) Except as provided under paragraph (c) of this section and under § 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 § 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 § 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 § 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 § 21.29 (whenever applicable) and demonstrates good cause. (c) Except as provided under § 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 § 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 § 21.35, or tentative selection by the random selection process, but may be with prejudice for unsatisfactory compliance with § 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 § 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 <E T="03">pro forma</E> change of ownership or control (bankruptcy, death, or legal disability). <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.29</SECTNO> <SUBJECT>Ownership changes and agreements to amend or to dismiss applications or pleadings.</SUBJECT> (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 <E T="03">(de jure</E> or <E T="03">de facto)</E> 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 <PRTPAGE P="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 § 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), <PRTPAGE P="34"/>amendment(s), petition(s), pleading(s), or any combination thereof. (f) Notwithstanding § 21.29(e), amendments will not be granted that seek more than a <E T="03">pro forma</E> 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 <E T="03">pro forma</E> change of ownership or control. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 58 FR 11797, Mar. 1, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.30</SECTNO> <SUBJECT>Opposition to applications.</SUBJECT> (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 §§ 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 § 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 § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.31</SECTNO> <SUBJECT>Mutually exclusive applications.</SUBJECT> (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 <PRTPAGE P="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 § 21.23), except under any of the following circumstances: (1) The application has been designated for comparative hearing, or for comparative evaluation (pursuant to § 21.35), and the Commission or the presiding officer accepts the amendment pursuant to § 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 § 21.35, or by random selection pursuant to § 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 <E T="03">pro forma</E> 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 § 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-<PRTPAGE P="36"/>common carrier, or from non-common carrier to common carrier. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.32</SECTNO> <SUBJECT>Consideration of applications.</SUBJECT> (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 § 21.31) with another application (or applications), except where the competing applicants have chosen the comparative evaluation procedure of § 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 § 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 § 21.31) with another application (or applications); or (4) The application is entitled to comparative consideration (pursuant to § 21.31) and the applicants have chosen the comparative evaluation procedure of § 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 <PRTPAGE P="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 § 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.33</SECTNO> <SUBJECT>Grants by random selection.</SUBJECT> (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 §§ 21.31 and 21.914, the applicant may be included in the random selection process set forth in §§ 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. <CITA>[58 FR 11798, Mar. 1, 1993, as amended at 61 FR 26674, May 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.34</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.35</SECTNO> <SUBJECT>Comparative evaluation of mutually exclusive applications.</SUBJECT> (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 § 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 § 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 <PRTPAGE P="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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§§ 21.36-21.37</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">License Transfers, Modifications, Conditions and Forfeitures</HD> <SECTION> <SECTNO>§ 21.38</SECTNO> <SUBJECT>Assignment or transfer of station authorization.</SUBJECT> (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 § 21.11 of this chapter, and shall be accompanied by the applicable showings required by §§ 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 <PRTPAGE P="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). <CITA>[52 FR 37780, Oct. 9, 1987, as amended at 54 FR 11953, Mar. 23, 1989; 59 FR 9101, Feb. 25, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.39</SECTNO> <SUBJECT>Considerations involving transfer or assignment applications.</SUBJECT> (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 <E T="03">pro forma</E> 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. <FP>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.</FP> (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;<PRTPAGE P="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). <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.40</SECTNO> <SUBJECT>Modification of station license.</SUBJECT> (a) Except as provided in §§ 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 § 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. <CITA>[52 FR 37780, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.41</SECTNO> <SUBJECT>Special processing of applications for minor facility modifications.</SUBJECT> (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 <PRTPAGE P="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 § 21.902; and (7) In the Multipoint Distribution Service, the modified facility would not produce a power flux density that exceeds −73 dBW/m<SU>2</SU>, pursuant to §§ 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 § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.42</SECTNO> <SUBJECT>Certain modifications not requiring prior authorization.</SUBJECT> (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 § 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<SU>2</SU>, pursuant to §§ 21.902 and 21.939.<PRTPAGE P="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 § 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 <E T="61">±</E>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 § 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 § 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. <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 63 FR 36603, July 7, 1998, § 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. </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 21.43</SECTNO> <SUBJECT>Period of construction; certification of completion of construction.</SUBJECT> (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 § 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 <PRTPAGE P="43"/>license period, unless the license is submitted for cancellation. <CITA>[52 FR 37782, Oct. 9, 1987, as amended at 60 FR 36552, July 17, 1995; 61 FR 26675, May 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.44</SECTNO> <SUBJECT>Forfeiture and termination of station authorization.</SUBJECT> (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 § 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. <CITA>[52 FR 37782, Oct. 9, 1987, as amended at 60 FR 36552, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.45</SECTNO> <SUBJECT>License period.</SUBJECT> (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. <FP SOURCE="FP-2">Multipoint Distribution Service—May 1.</FP> (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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.50</SECTNO> <SUBJECT>Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from Domestic Public Fixed Radio Services to emerging technologies.</SUBJECT> (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 <PRTPAGE P="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. <CITA>[58 FR 46549, Sept. 2, 1993, as amended at 59 FR 19645, Apr. 25, 1994]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Technical Standards</HD> <SECTION> <SECTNO>§ 21.100</SECTNO> <SUBJECT>Frequencies.</SUBJECT> 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 <PRTPAGE P="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. <CITA>[61 FR 26675, May 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.101</SECTNO> <SUBJECT>Frequency tolerance.</SUBJECT> (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): <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Frequency range (MHz)</CHED> <CHED H="1">Frequency tolerance for fixed stations (percent)</CHED> </BOXHD> <ROW> <ENT I="01">2,150 to 2,162 <SU>1</SU> <SU>2</SU> </ENT> <ENT>0.001</ENT> </ROW> <ROW> <ENT I="01">2,596 to 2,680 <SU>2</SU> </ENT> <ENT>0.005</ENT> </ROW> <TNOTE> <SU>1</SU> Beginning Aug. 9, 1975, this tolerance will govern the marketing of equipment pursuant to §§ 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.</TNOTE> <TNOTE> <SU>2</SU> 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.</TNOTE> </GPOTABLE> (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 § 21.106. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§§ 21.102-21.104</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.105</SECTNO> <SUBJECT>Bandwidth.</SUBJECT> 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. <CITA>[49 FR 48700, Dec. 14, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.106</SECTNO> <SUBJECT>Emission limitations.</SUBJECT> (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 Log<E T="22">10</E> (mean output power in watts) decibels, or 80 decibels, whichever is the lesser attenuation. (2) When using transmissions employing digital modulation techniques (see § 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. <PRTPAGE P="46"/>A=35+0.8(P;minus;50)+10 Log<E T="22">10</E> B. (Attenuation greater than 80 decibels is not required.) <EXTRACT> <FP>where:</FP> </EXTRACT> <FP SOURCE="FP-2">A=Attenuation (in decibels) below the mean output power level.</FP> <FP SOURCE="FP-2">P=Percent removed from the carrier frequency.</FP> <FP SOURCE="FP-2">B=Authorized bandwidth in MHz.</FP> (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 Log<E T="22">10</E> (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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.107</SECTNO> <SUBJECT>Transmitter power.</SUBJECT> (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: <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Frequency range (MHz)</CHED> <CHED H="1">Maximum allowable EIRP for a fixed station (Watts)</CHED> </BOXHD> <ROW> <ENT I="01">2,150 to 2,162 </ENT> <ENT> <SU>1</SU> 2000</ENT> </ROW> <ROW> <ENT I="01">2,596 to 2,680 </ENT> <ENT> <SU>1</SU> 2000</ENT> </ROW> <TNOTE> <SU>1</SU> When a Multipoint Distribution Service station uses a non-omnidirectional antenna EIRP up to 7943 Watts may be authorized pursuant to § 21.904(b) of this Part. </TNOTE> </GPOTABLE> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.108</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.109</SECTNO> <SUBJECT>Antenna and antenna structures.</SUBJECT> (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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987; 61 FR 26675, May 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.110</SECTNO> <SUBJECT>Antenna polarization.</SUBJECT> 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. <CITA>[52 FR 37783, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.111</SECTNO> <SUBJECT>Use of common antenna structure.</SUBJECT> 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 <PRTPAGE P="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. <CITA>[61 FR 4365, Feb. 6, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.112</SECTNO> <SUBJECT>Marking of antenna structures.</SUBJECT> 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.) <CITA>[61 FR 4365, Feb. 6, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.113</SECTNO> <SUBJECT>Quiet zones and Arecibo Coordination Zone.</SUBJECT> 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°15′ N. on the north, 78°30′ W. on the east, 37°30′ N. on the south, and 80°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° 07′ 50″ N Latitude, 105° 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: <GPOTABLE CDEF="s25,8,10" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Frequency range</CHED> <CHED H="1">Field strength (mV/m) in authorized bandwidth of service</CHED> <CHED H="1">Power flux density <SU>1</SU> (dbW/m2) in authorized bandwidth of service</CHED> </BOXHD> <ROW> <ENT I="01">Below 540 kHz </ENT> <ENT>10 </ENT> <ENT>−65.8 </ENT> </ROW> <ROW> <ENT I="01">540 to 1600 kHz </ENT> <ENT>20 </ENT> <ENT>−59.8</ENT> </ROW> <ROW> <ENT I="01">1.6 to 470 MHz </ENT> <ENT>10 </ENT> <ENT> <SU>2</SU> −65.8</ENT> </ROW> <ROW> <ENT I="01">470 to 890 MHz </ENT> <ENT>30 </ENT> <ENT> <SU>2</SU> −54.2</ENT> </ROW> <ROW> <PRTPAGE P="48"/> <ENT I="01">Above 890 MHz </ENT> <ENT>1 </ENT> <ENT> <SU>2</SU> −85.8</ENT> </ROW> <TNOTE> <SU>1</SU> Equivalent values of power flux density are calculated assuming free space characteristic impedance of 376.7=120<E T="61">π</E> ohms.</TNOTE> <TNOTE> <SU>2</SU> 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.</TNOTE> </GPOTABLE> (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 § 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 <E T="03">greater than 10 mV/m</E> in the authorized bandwidth of service (−65.8 dBW/m<E T="21">2</E> 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/m<E T="21">2</E>) 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 <PRTPAGE P="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 § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§§ 21.114-21.115</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.116</SECTNO> <SUBJECT>Topographical data.</SUBJECT> 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 <PRTPAGE P="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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.117</SECTNO> <SUBJECT>Transmitter location.</SUBJECT> (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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 61 FR 4365, Feb. 6, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.118</SECTNO> <SUBJECT>Transmitter construction and installation.</SUBJECT> (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.<PRTPAGE P="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: <E T="03">Provided, however,</E> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.119</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.120</SECTNO> <SUBJECT>Authorization of transmitters.</SUBJECT> (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. <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 63 FR 36603, July 7, 1998, § 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: <SUPERSED> <SECTION> <SECTNO>§ 21.120</SECTNO> <SUBJECT>Authorization of transmitters.</SUBJECT> <STARS/> (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. </SECTION> <SECTION> <SECTNO>§ 21.121</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.122</SECTNO> <SUBJECT>Microwave digital modulation.</SUBJECT> (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 § 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 § 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. <CITA>[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]</CITA> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart D—Technical Operation</HD> <SECTION> <SECTNO>§ 21.200</SECTNO> <SUBJECT>Station inspection.</SUBJECT> The licensee of each station authorized in the radio services included in <PRTPAGE P="52"/>this part shall make the station available for inspection by representatives of the Commission at any reasonable hour. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.201</SECTNO> <SUBJECT>Posting of station authorization information.</SUBJECT> 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. <CITA>[52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§§ 21.202—21.208</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.209</SECTNO> <SUBJECT>Communications concerning safety of life and property.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 21.210</SECTNO> <SUBJECT>Operation during emergency.</SUBJECT> 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: <E T="03">Provided,</E> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.211</SECTNO> <SUBJECT>Suspension of transmission.</SUBJECT> 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. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Miscellaneous</HD> <SECTION> <SECTNO>§ 21.300</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.301</SECTNO> <SUBJECT>National defense; free service.</SUBJECT> 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 <PRTPAGE P="53"/>rendered to each agency if charges for such communications had been collected at the published tariff rates. <CITA>[52 FR 27555, July 22, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.302</SECTNO> <SUBJECT>Answers to notices of violation.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 21.303</SECTNO> <SUBJECT>Discontinuance, reduction or impairment of service.</SUBJECT> (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 § 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 § 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 <PRTPAGE P="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. <FP>If any frequency authorization is cancelled under this paragraph, the Commission will declare by public notice the frequency (or frequencies) vacated.</FP> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.304</SECTNO> <SUBJECT>Tariffs, reports, and other material required to be submitted to the Commission.</SUBJECT> 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. <CITA>[52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.305</SECTNO> <SUBJECT>Reports required concerning amendments to charters and partnership agreements.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 21.306</SECTNO> <SUBJECT>Requirement that licensees respond to official communications.</SUBJECT> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.307</SECTNO> <SUBJECT>Equal employment opportunities.</SUBJECT> (a) <E T="03">General policy</E>. 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) <E T="03">Equal employment opportunity program</E>. 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 <PRTPAGE P="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) <E T="03">Additional information to be furnished to the Commission</E>. (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) <E T="03">To assure nondiscrimination in recruiting</E>. (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) <E T="03">To assure nondiscrimination in selection and hiring.</E> (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 <PRTPAGE P="56"/>discriminating against minority groups or females. (iii) <E T="03">To assure nondiscriminatory placement and promotions.</E> (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) <E T="03">To assure nondiscrimination in other areas of employment practices.</E> (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) <E T="03">Report of complaints filed against licensees and conditional licensees.</E> (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) <E T="03">Complaints of violations of equal employment programs.</E> (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 <PRTPAGE P="57"/>against a licensee or conditional licensee who is required to file an employment report to the Commission under § 1.815(a) of this chapter, will be investigated by the Commission. (f) <E T="03">Records available to the public—</E>(1) <E T="03">Commission records.</E> 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) <E T="03">Records to be maintained locally for public inspection by licensees or conditional licensees—</E>(i) <E T="03">Records to be maintained.</E> 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 § 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) <E T="03">Period of retention.</E> The documents specified in paragraph (f)(2)(i) of this section shall be maintained for a period of 2 years. (g) <E T="03">Cross reference.</E> Applicability of cable television EEO requirements to MDS and MMDS facilities, see § 21.920. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 56 FR 57816, Nov. 14, 1991; 58 FR 42249, Aug. 9, 1993]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Developmental Authorizations</HD> <SECTION> <SECTNO>§ 21.400</SECTNO> <SUBJECT>Eligibility.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 21.401</SECTNO> <SUBJECT>Scope of service.</SUBJECT> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.402</SECTNO> <SUBJECT>Adherence to program of research and development.</SUBJECT> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.403</SECTNO> <SUBJECT>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.</SUBJECT> (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 <PRTPAGE P="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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.404</SECTNO> <SUBJECT>Terms of grant; general limitations.</SUBJECT> (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 (§ 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. </SECTION> <SECTION> <SECTNO>§ 21.405</SECTNO> <SUBJECT>Supplementary showing required.</SUBJECT> (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 § 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 <PRTPAGE P="59"/>public interest, convenience or necessity would be served by renewal of such authorization. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.406</SECTNO> <SUBJECT>Developmental report required.</SUBJECT> (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. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subparts G—J [Reserved]</HD> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—Multipoint Distribution Service</HD> <SECTION> <SECTNO>§ 21.900</SECTNO> <SUBJECT>Eligibility.</SUBJECT> 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. <FP>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.</FP> <CITA>[52 FR 27556, July 22, 1987, as amended at 56 FR 57817, Nov. 14, 1991; 60 FR 36552, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.901</SECTNO> <SUBJECT>Frequencies.</SUBJECT> (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 <PRTPAGE P="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 § 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 § 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 § 74.939(d) of this chapter,<SU>1</SU> 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 § 74.939(d) of this chapter,<SU>1</SU> 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).<SU>1</SU> (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: <GPOTABLE CDEF="s50,r90" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Principal City</CHED> <CHED H="1">Coordinates</CHED> </BOXHD> <ROW> <ENT I="01">Akron, Ohio</ENT> <ENT>Lat. 41°05′06″ N., long. 81°31′06″ W.</ENT> </ROW> <ROW> <ENT I="01">Albany-Schenectady-Troy, N.Y</ENT> <ENT>Lat. 42°39′00″ N., long. 73°45′24″ W.</ENT> </ROW> <ROW> <ENT I="01">Anaheim-Santa Ana-Garden Grove, Calif</ENT> <ENT>Lat. 33°46′30″ N., long. 117°54′48″ W.</ENT> </ROW> <ROW> <ENT I="01">Atlanta, Ga</ENT> <ENT>Lat. 33°45′00″ N., long. 84°23′12″ W.</ENT> </ROW> <ROW> <ENT I="01">Baltimore, Md</ENT> <ENT>Lat. 39°17′18″ N., long. 76°37′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Birmingham, Ala</ENT> <ENT>Lat. 33°30′42″ N., long. 86°48′24″ W.</ENT> </ROW> <ROW> <ENT I="01">Boston, Mass</ENT> <ENT>Lat. 42°21′42″ N., long. 71°03′30″ W.</ENT> </ROW> <ROW> <ENT I="01">Buffalo, N.Y</ENT> <ENT>Lat. 42°53′12″ N., long. 78°52′30″ W.</ENT> </ROW> <ROW> <ENT I="01">Chicago, Ill</ENT> <ENT>Lat. 41°53′00″ N., long. 87°37′30″ W.</ENT> </ROW> <ROW> <ENT I="01">Cincinnati, Ohio</ENT> <ENT>Lat. 39°06′00″ N., long. 84°30′48″ W.</ENT> </ROW> <ROW> <ENT I="01">Cleveland, Ohio</ENT> <ENT>Lat. 41°29′48″ N., long. 81°42′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Columbus, Ohio</ENT> <ENT>Lat. 39°57′42″ N., long. 83°00′06″ W.</ENT> </ROW> <ROW> <ENT I="01">Dallas, Tex</ENT> <ENT>Lat. 32°46′36″ N., long. 96°48′42″ W.</ENT> </ROW> <ROW> <ENT I="01">Dayton, Ohio</ENT> <ENT>Lat. 39°45′24″ N., long. 84°11′42″ W.</ENT> </ROW> <ROW> <ENT I="01">Denver, Colo</ENT> <ENT>Lat. 39°44′24″ N., long. 104°59′18″ W.</ENT> </ROW> <ROW> <ENT I="01">Detroit, Mich</ENT> <ENT>Lat. 42°20′00″ N., long. 83°03′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Fort Worth, Tex</ENT> <ENT>Lat. 32°45′00″ N., long. 97°17′42″ W.</ENT> </ROW> <ROW> <ENT I="01">Gary, Ind</ENT> <ENT>Lat. 41°36′00″ N., long. 87°20′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Hartford, Conn</ENT> <ENT>Lat. 41°46′00″ N., long. 72°40′30″ W.</ENT> </ROW> <ROW> <ENT I="01">Houston, Tex</ENT> <ENT>Lat. 29°45′48″ N., long. 95°21′42″ W.</ENT> </ROW> <ROW> <ENT I="01">Indianapolis, Ind</ENT> <ENT>Lat. 39°46′12″ N., long. 86°09′18″ W.</ENT> </ROW> <ROW> <ENT I="01">Kansas City, Mo</ENT> <ENT>Lat. 39°06′00″ N., long. 94°34′42″ W.</ENT> </ROW> <ROW> <ENT I="01">Los Angeles-Long Beach, Calif</ENT> <ENT>Lat. 34°03′18″ N., long. 118°15′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Louisville, Ky</ENT> <ENT>Lat. 38°14′48″ N., long. 85°45′42″ W.</ENT> </ROW> <ROW> <ENT I="01">Memphis, Tenn</ENT> <ENT>Lat. 35°07′30″ N., long. 90°03′24″ W.</ENT> </ROW> <ROW> <ENT I="01">Miami, Fla</ENT> <ENT>Lat. 25°46′30″ N., long. 80°11′24″ W.</ENT> </ROW> <ROW> <ENT I="01">Milwaukee, Wis</ENT> <ENT>Lat. 43°02′18″ N., long. 87°54′48″ W.</ENT> </ROW> <ROW> <ENT I="01">Minneapolis-St. Paul, Minn</ENT> <ENT>Lat. 44°59′00″ N., long. 93°15′48″ W.</ENT> </ROW> <ROW> <ENT I="01">New Orleans, La</ENT> <ENT>Lat. 29°57′48″ N., long. 90°03′48″ W.</ENT> </ROW> <ROW> <ENT I="01">New York City, N.Y.-Newark-Jersey City-Paterson, N.J</ENT> <ENT>Lat. 40°42′30″ N., long. 74°00′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Norfolk, Va</ENT> <ENT>Lat. 36°50′42″ N., long. 76°17′12″ W.</ENT> </ROW> <ROW> <ENT I="01">Oklahoma City, Okla</ENT> <ENT>Lat. 35°29′30″ N., long. 97°30′12″ W.</ENT> </ROW> <ROW> <ENT I="01">Philadelphia, Pa</ENT> <ENT>Lat. 39°57′00″ N., long. 75°09′48″ W.</ENT> </ROW> <ROW> <ENT I="01">Phoenix, Ariz</ENT> <ENT>Lat. 33°27′18″ N., long. 112°04′24″ W.</ENT> </ROW> <ROW> <ENT I="01">Pittsburgh, Pa</ENT> <ENT>Lat. 40°26′12″ N., long. 80°00′30″ W.</ENT> </ROW> <ROW> <ENT I="01">Portland, Oreg</ENT> <ENT>Lat. 45°32′06″ N., long. 122°37′12″ W.</ENT> </ROW> <ROW> <ENT I="01">Providence, R.I</ENT> <ENT>Lat. 41°49′00″ N., long. 71°24′24″ W.</ENT> </ROW> <ROW> <ENT I="01">Rochester, N.Y</ENT> <ENT>Lat. 43°09′30″ N., long. 77°36′30″ W.</ENT> </ROW> <ROW> <ENT I="01">Sacramento, Calif</ENT> <ENT>Lat. 38°35′06″ N., long. 121°29′24″ W.</ENT> </ROW> <ROW> <ENT I="01">San Antonio, Tex</ENT> <ENT>Lat. 29°25′24″ N., long. 98°29′43″ W.</ENT> </ROW> <ROW> <ENT I="01">San Bernardino-Riverside, Calif</ENT> <ENT>Lat. 34°06′30″ N., long. 117°18′36″ W.</ENT> </ROW> <ROW> <ENT I="01">San Diego, Calif</ENT> <ENT>Lat. 32°42′48″ N., long. 117°09′12″ W.</ENT> </ROW> <ROW> <ENT I="01">San Francisco-Oakland, Calif</ENT> <ENT>Lat. 37°46′30″ N., long. 122°25′00″ W.</ENT> </ROW> <ROW> <ENT I="01">San Jose-Palo Alto-Sunnyvale, Calif</ENT> <ENT>Lat. 37°22′36″ N., long. 122°02′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Seattle-Everett, Wash</ENT> <ENT>Lat. 47°35′48″ N., long. 122°19′48″ W.</ENT> </ROW> <ROW> <ENT I="01">St. Louis, Mo</ENT> <ENT>Lat. 38°37′00″ N., long. 90°11′36″ W.</ENT> </ROW> <ROW> <ENT I="01">Syracuse, N.Y</ENT> <ENT>Lat. 43°03′06″ N., long. 76°09′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Tampa-St. Petersburg, Fla</ENT> <ENT>Lat. 27°57′06″ N., long. 82°27′00″ W.</ENT> </ROW> <ROW> <ENT I="01">Toledo, Ohio</ENT> <ENT>Lat. 41°38′48″ N., long. 83°32′30″ W.</ENT> </ROW> <ROW> <ENT I="01">Washington, D.C</ENT> <ENT>Lat. 38°53′30″ N., long. 77°02′00″ W.</ENT> </ROW> </GPOTABLE> (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 <PRTPAGE P="61"/>is determined that such action would serve the public interest. (4) Notwithstanding the provisions of § 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 § 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 E<E T="22">1</E>, F<E T="22">1</E>, E<E T="22">2</E> and F<E T="22">2</E> and the other licensee could be assigned channels E<E T="22">3</E>, F<E T="22">3</E>, E<E T="22">4</E> and F<E T="22">4</E>. 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 § 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. <NOTE> <HD SOURCE="HED">Notes:</HD> <SU>1</SU> No response channels are provided for channels E3, E4, F3, F4, H1, H2, and H3. </NOTE> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.902</SECTNO> <SUBJECT>Frequency interference.</SUBJECT> (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 <PRTPAGE P="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/m<E T="51">2</E> 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/m<E T="51">2</E> 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 § 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 §§ 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 § 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 § 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 <PRTPAGE P="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. <GPH DEEP="465" SPAN="2"> <PRTPAGE P="64"/> <GID>EC01MR91.040</GID> </GPH> <PRTPAGE P="65"/> (4) For purposes of this section, the received signal power level (RSL)<E T="52">dBW</E> at the output of the FCC reference receiving antenna is obtained from the following formulas (or an equivalent adaptation): <FP SOURCE="FP-2">(RSL)<E T="52">dBW</E>=(EIRP)<E T="52">dBW</E>−(L<E T="52">FS</E>)<E T="52">dB</E>+(G<E T="52">AR</E>)<E T="52">dB</E> </FP> <FP SOURCE="FP-2">where the free space loss (L<E T="52">FS</E>) is</FP> <FP SOURCE="FP-2">(L<E T="52">FS</E>)<E T="52">dB</E>=20 log (4<E T="52">d</E>/)<E T="52">dB</E> </FP> <FP>in which the parameters are defined as follows:</FP> (RSL)<E T="52">dBW</E> is the received power in decibels referenced to one watt. (EIRP)<E T="52">dBW</E> is the equivalent isotropically radiated power in decibels above one watt. d is the distance of the signal path in meters. <E T="61">λ</E> is the wavelength of the signal in meters. G<E T="52">AR</E> 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 § 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 § 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 <PRTPAGE P="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;<PRTPAGE P="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 § 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. <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 61 FR 18098, Apr. 24, 1996, § 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. </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 21.903</SECTNO> <SUBJECT>Purpose and permissible service.</SUBJECT> (a) Multipoint Distribution Service stations are generally intended to provide one-way radio transmission (usually in an omnidirectional pattern) <PRTPAGE P="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, <E T="03">Provided</E> 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. <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27556, July 22, 1987; 61 FR 26676, May 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.904</SECTNO> <SUBJECT>Transmitter power.</SUBJECT> (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: <EXTRACT> <FP SOURCE="FP-2">EIRP=33 dBW+10 log (360/beamwidth) [where 10 log (360/beamwidth) ≤6 dB].</FP> </EXTRACT> <FP>Beamwidth is the total horizontal plane beamwidth of the transmitting antenna system in degrees, measured at the half-power points.</FP> (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 <PRTPAGE P="69"/>power of the transmitter. The Commission may order a reduction in aural signal power to diminish the potential for harmful interference. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.905</SECTNO> <SUBJECT>Emissions and bandwidth.</SUBJECT> (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 §§ 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.906</SECTNO> <SUBJECT>Antennas.</SUBJECT> (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. (<E T="03">See</E> part 17 of this chapter concerning the construction, marking and lighting of antenna structures.) <CITA>[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37786, Oct. 9, 1987; 58 FR 44896, Aug. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.907</SECTNO> <SUBJECT>Transmission standards.</SUBJECT> (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 § 73.682(a) of this chapter, except that the provision of § 21.906(b) shall replace the requirements of § 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 § 73.682(a) of this chapter, except that: (1) The provision of § 21.906(b) shall replace the requirements of § 73.682(a)(14) of this chapter, and (2) The requirements of § 73.682 (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(9), (a)(19), <PRTPAGE P="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. <CITA>[52 FR 27556, July 22, 1987, as amended at 63 FR 36603, July 7, 1998]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 63 FR 36603, July 7, 1998, § 21.907 was amended in paragraphs (c) and (d) by removing the term “type-accepted” and replacing it with “certificated”, effective Oct. 5, 1998. </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 21.908</SECTNO> <SUBJECT>Television transmitting equipment.</SUBJECT> (a) Except as otherwise provided in this section, the requirements of paragraphs (a), (b), (c), (d), and (e) of § 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 § 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 § 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 § 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 § 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. <CITA>[55 FR 46011, Oct. 31, 1990, as amended at 56 FR 57818, Nov. 14, 1991]</CITA> </SECTION> <SECTION> <PRTPAGE P="71"/> <SECTNO>§ 21.909</SECTNO> <SUBJECT>MDS response stations.</SUBJECT> (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 § 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). <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.910</SECTNO> <SUBJECT>Special procedures for discontinuance, reduction or impairment of service by common carrier MDS licensees.</SUBJECT> 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: <EXTRACT> 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 § 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. </EXTRACT> (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 § 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 <PRTPAGE P="72"/>the applicant that the grant will not be automatically effective. <CITA>[52 FR 27557, July 22, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.911</SECTNO> <SUBJECT>Annual reports.</SUBJECT> (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. <CITA>[55 FR 46011, Oct. 31, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.912</SECTNO> <SUBJECT>Cable television company eligibility requirements.</SUBJECT> (a) Nothwithstanding the provisions of § 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> <HD SOURCE="HED">Note 1:</HD> (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 § 76.501, provided however, that: (i) The single majority shareholder provisions of Note 2(b) to § 76.501 and the limited partner insulation provisions of Note 2(g) to § 76.501 shall not apply; and (ii) The provisions of Note 2(a) to § 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 § 76.5. </NOTE> <NOTE> <HD SOURCE="HED">Note 2:</HD> The Commission will entertain requests to waive the restrictions in paragraph <PRTPAGE P="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 § 76.7. </NOTE> (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 § 74.931(e) of this chapter.<SU>1</SU> 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.<PRTPAGE P="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. <E T="04">Notes:</E> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.913</SECTNO> <SUBJECT>Signal booster stations.</SUBJECT> (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 §§ 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/m<E T="51">2</E> 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 <PRTPAGE P="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 § 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/m<E T="51">2</E>, 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.914</SECTNO> <SUBJECT>Mutually-exclusive MDS applications.</SUBJECT> Notwithstanding the provisions of § 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. <CITA>[55 FR 46012, Oct. 31, 1990, as amended at 56 FR 57819, Nov. 14, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.915</SECTNO> <SUBJECT>One-to-a-market requirement.</SUBJECT> 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. <CITA>[58 FR 11799, Mar. 1, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.920</SECTNO> <SUBJECT>Applicability of cable television EEO requirements to MDS and MMDS facilities.</SUBJECT> Notwithstanding other EEO provisions within § 1.815 of this chapter and § 21.307, an entity that uses an owned or <PRTPAGE P="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. <CITA>[58 FR 42249, Aug. 9, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.921</SECTNO> <SUBJECT>Basis and purpose for electronic filing and competitive bidding process.</SUBJECT> (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 § 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, §§ 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. <CITA>[60 FR 36554, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.922</SECTNO> <SUBJECT>Authorized frequencies.</SUBJECT> The frequencies in the MDS service through the competitive bidding process are in the frequency allocations table of § 21.901 of this part. <CITA>[60 FR 36555, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.923</SECTNO> <SUBJECT>Eligibility.</SUBJECT> Any individual or entity, other than those precluded by §§ 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. <CITA>[60 FR 36555, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.924</SECTNO> <SUBJECT>Service areas.</SUBJECT> (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; Mayagu<AC T="4"/>ez/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. <CITA>[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.925</SECTNO> <SUBJECT>Applications for BTA authorizations and MDS station licenses.</SUBJECT> (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 <PRTPAGE P="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 §§ 74.990 and 74.991. (c) The Commission shall grant BTA authorizations to auction winners as set forth in § 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. <CITA>[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.926</SECTNO> <SUBJECT>Amendments to long-form applications.</SUBJECT> (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 <E T="03">pro forma</E> 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. <CITA>[60 FR 36555, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.927</SECTNO> <SUBJECT>Sole bidding applicants.</SUBJECT> 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. <CITA>[60 FR 36555, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.928</SECTNO> <SUBJECT>Acceptability of short- and long-form applications.</SUBJECT> The acceptability of short- and long-form applications will be determined according to the requirements of §§ 21.13, 21.15, 21.20, 21.21 and 21.952. <CITA>[60 FR 36555, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.929</SECTNO> <SUBJECT>Authorization period for station licenses.</SUBJECT> (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 § 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. <CITA>[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.930</SECTNO> <SUBJECT>Five-year build-out requirements.</SUBJECT> (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 (<E T="03">i.e.,</E> grant of a station license or modification).<PRTPAGE P="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 § 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 § 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 § 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 § 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 §§ 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. <CITA>[60 FR 36555, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.931</SECTNO> <SUBJECT>Partitioned service areas (PSAs).</SUBJECT> (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 § 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 <PRTPAGE P="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 § 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 § 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 § 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 § 21.930(c)(1) also apply to the holders of authorizations for PSAs. <CITA>[60 FR 36556, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.932</SECTNO> <SUBJECT>Forfeiture of incumbent MDS station licenses.</SUBJECT> (a) If the license for a incumbent MDS station is forfeited, absent the filing and grant of a petition for reinstatement pursuant to § 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. <CITA>[60 FR 36556, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.933</SECTNO> <SUBJECT>Protected service areas.</SUBJECT> (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. <CITA>[60 FR 57367, Nov. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.934</SECTNO> <SUBJECT>Assignment or transfer of control of BTA authorizations.</SUBJECT> (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 <PRTPAGE P="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 T="03">e.g.,</E> 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 §§ 21.4, 21.900 and 21.912 of this subpart. (c) The anti-trafficking provision of § 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. <CITA>[60 FR 36556, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.935</SECTNO> <SUBJECT>Assignment or transfer of control of station licenses within a BTA.</SUBJECT> 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. <CITA>[60 FR 36557, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.936</SECTNO> <SUBJECT>Cancellation of authorization.</SUBJECT> (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. <CITA>[60 FR 36557, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.937</SECTNO> <SUBJECT>Negotiated interference protection.</SUBJECT> (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 §§ 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. <CITA>[60 FR 36557, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.938</SECTNO> <SUBJECT>BTA and PSA technical and interference provisions.</SUBJECT> (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 § 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 § 74.903(a).<PRTPAGE P="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 § 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 § 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 § 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. <CITA>[60 FR 36557, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.939</SECTNO> <SUBJECT>Harmful interference abatement.</SUBJECT> 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. <CITA>[60 FR 36557, July 17, 1995]</CITA> </SECTION> <SECTION> <PRTPAGE P="82"/> <SECTNO>§ 21.940</SECTNO> <SUBJECT>Non-subscription MDS service.</SUBJECT> 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. <CITA>[63 FR 29668, June 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§§ 21.941—21.949</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 21.950</SECTNO> <SUBJECT>MDS subject to competitive bidding.</SUBJECT> 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. <CITA>[60 FR 36557, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.951</SECTNO> <SUBJECT>MDS competitive bidding procedures.</SUBJECT> (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. <E T="03">See</E> 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. <CITA>[60 FR 36557, July 17, 1995]</CITA> </SECTION> <SECTION> <PRTPAGE P="83"/> <SECTNO>§ 21.952</SECTNO> <SUBJECT>Bidding application procedures.</SUBJECT> (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 § 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 § 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 § 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. <CITA>[60 FR 36558, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.953</SECTNO> <SUBJECT>Prohibition of collusion.</SUBJECT> (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 § 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).<PRTPAGE P="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 § 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). <CITA>[60 FR 36558, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.954</SECTNO> <SUBJECT>Submission of up front payments.</SUBJECT> (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 § 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 § 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 § 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. <CITA>[60 FR 36559, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.955</SECTNO> <SUBJECT>Submission of down payments</SUBJECT> (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 § 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 <PRTPAGE P="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. <CITA>[60 FR 36559, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.956</SECTNO> <SUBJECT>Filing of long-form applications or statements of intention.</SUBJECT> (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 § 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 (<E T="03">see</E> 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. <CITA>[60 FR 36559, July 17, 1995, as amended at 61 FR 18098, Apr. 24, 1996]]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.957</SECTNO> <SUBJECT>Petitions to deny against long-from applications; comments on statements of intention.</SUBJECT> (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. <CITA>[60 FR 36559, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.958</SECTNO> <SUBJECT>Full payment and issuance of BTA authorizations.</SUBJECT> Each winning bidder, except for small businesses eligible for installment payments under § 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 § 21.956(a) will receive its BTA authorization concurrent with the grant of its MDS conditional station license within its BTA service <PRTPAGE P="86"/>area. A winning bidder who submitted a statement of intention with regard to its BTA service area pursuant to § 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. <CITA>[60 FR 36559, July 17, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.959</SECTNO> <SUBJECT>Withdrawal, default and disqualification.</SUBJECT> (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) <E T="03">Default or disqualification after close of auction. See</E> § 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 <PRTPAGE P="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. <CITA>[60 FR 36560, July 17, 1995, as amended at 63 FR 2348, Jan. 15, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.960</SECTNO> <SUBJECT>Designated entity provisions for MDS.</SUBJECT> (a)<E T="03"> Designated entities</E>. 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)<E T="03"> Installment payments</E>. 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 § 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 § 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 § 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. <E T="03">See</E> § 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 § 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 <PRTPAGE P="88"/>from revenues from operations, business development or expanded service shall not be considered changes in ownership structure under this paragraph. (c)<E T="03"> Reduced upfront payments</E>. 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 § 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)<E T="03"> Bidding credits</E>. 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. <E T="03">See</E> § 1.2111 of this chapter. (2) [Reserved] (e)<E T="03"> Short-form application certification; Long-form application or statement of intention disclosure</E>. 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 § 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 <E T="03">de facto</E> and <E T="03">de jure</E> control of the entity. <E T="03">See</E> 47 CFR 1.2110(i). (f)<E T="03"> Records maintenance</E>. 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)<E T="03"> Audits</E>. 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. <CITA>[60 FR 36560, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995; 63 FR 2348, Jan. 15, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.961</SECTNO> <SUBJECT>Definitions applicable to designated entity provisions.</SUBJECT> (a) Scope. The definitions in this section apply to § 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) <E T="03">Aggregation of gross revenues.</E> <PRTPAGE P="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 T="03">e.g.,</E> 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). <CITA>[60 FR 36562, July 17, 1995, as amended at 60 FR 57368, Nov. 15, 1995]</CITA> </SECTION> </SUBPART> <PART> <EAR>Pt. 22</EAR> <HD SOURCE="HED">PART 22—PUBLIC MOBILE SERVICES</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Scope and Authority</HD> <SECHD>Sec.</SECHD> <SECTNO>22.1</SECTNO> <SUBJECT>Basis and purpose.</SUBJECT> <SECTNO>22.3</SECTNO> <SUBJECT>Authorization required.</SUBJECT> <SECTNO>22.5</SECTNO> <SUBJECT>Citizenship.</SUBJECT> <SECTNO>22.7</SECTNO> <SUBJECT>General eligibility.</SUBJECT> <SECTNO>22.99</SECTNO> <SUBJECT>Definitions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Licensing Requirements and Procedures</HD> <SUBJGRP> <HD SOURCE="HED">Applications and Notifications</HD> <SECTNO>22.101</SECTNO> <SUBJECT>Station files.</SUBJECT> <SECTNO>22.103</SECTNO> <SUBJECT>Representations.</SUBJECT> <SECTNO>22.105</SECTNO> <SUBJECT>Written applications, standard forms, microfiche, magnetic disks.</SUBJECT> <SECTNO>22.106</SECTNO> <SUBJECT>Filing fees; place.</SUBJECT> <SECTNO>22.107</SECTNO> <SUBJECT>General application requirements.</SUBJECT> <SECTNO>22.108</SECTNO> <SUBJECT>Parties to applications.</SUBJECT> <SECTNO>22.115</SECTNO> <SUBJECT>Content of applications.</SUBJECT> <SECTNO>22.117</SECTNO> <SUBJECT>Content of notifications.</SUBJECT> <SECTNO>22.119</SECTNO> <SUBJECT>Requests for rule waivers.</SUBJECT> <SECTNO>22.120</SECTNO> <SUBJECT>Application processing; initial procedures.</SUBJECT> <SECTNO>22.121</SECTNO> <SUBJECT>Repetitious, inconsistent or conflicting applications.</SUBJECT> <SECTNO>22.122</SECTNO> <SUBJECT>Amendment of applications.</SUBJECT> <SECTNO>22.123</SECTNO> <SUBJECT>Classification of filings as major or minor.</SUBJECT> <SECTNO>22.124</SECTNO> <SUBJECT>Notification processing.</SUBJECT> <SECTNO>22.125</SECTNO> <SUBJECT>Application for special temporary authorizations.</SUBJECT> <SECTNO>22.127</SECTNO> <SUBJECT>Public notices.</SUBJECT> <SECTNO>22.128</SECTNO> <SUBJECT>Dismissal of applications.</SUBJECT> <SECTNO>22.129</SECTNO> <SUBJECT>Agreements to dismiss applications, amendments or pleadings.</SUBJECT> <SECTNO>22.130</SECTNO> <SUBJECT>Petitions to deny, responsive pleadings.</SUBJECT> <SECTNO>22.131</SECTNO> <SUBJECT>Procedures for mutually exclusive applications.</SUBJECT> <SECTNO>22.132</SECTNO> <SUBJECT>Grant of applications.</SUBJECT> <SECTNO>22.135</SECTNO> <SUBJECT>Settlement conference.</SUBJECT> <SECTNO>22.137</SECTNO> <SUBJECT>Assignment of authorization; transfer of control.</SUBJECT> <SECTNO>22.139</SECTNO> <SUBJECT>Trafficking.</SUBJECT> <SECTNO>22.142</SECTNO> <SUBJECT>Commencement of service; notification requirement.</SUBJECT> <SECTNO>22.143</SECTNO> <SUBJECT>Construction prior to grant of application.</SUBJECT> <SECTNO>22.144</SECTNO> <SUBJECT>Termination of authorizations.</SUBJECT> <SECTNO>22.145</SECTNO> <SUBJECT>Renewal application procedures.</SUBJECT> <SECTNO>22.150</SECTNO> <SUBJECT>Standard pre-filing technical coordination procedure.</SUBJECT> <SECTNO>22.157</SECTNO> <SUBJECT>Distance computation.</SUBJECT> <SECTNO>22.159</SECTNO> <SUBJECT>Computation of average terrain elevation.</SUBJECT> <SECTNO>22.161</SECTNO> <SUBJECT>Application requirements for ASSB.</SUBJECT> <SECTNO>22.163</SECTNO> <SUBJECT>Minor modifications to existing stations.</SUBJECT> <SECTNO>22.165</SECTNO> <SUBJECT>Additional transmitters for existing systems.</SUBJECT> <SECTNO>22.169</SECTNO> <SUBJECT>Internal coordination of channel assignments.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Competitive Bidding Procedures</HD> <SECTNO>22.201</SECTNO> <SUBJECT>Scope of competitive bidding rules.</SUBJECT> <SECTNO>22.203</SECTNO> <SUBJECT>Competitive bidding design for paging licensing.</SUBJECT> <SECTNO>22.205</SECTNO> <SUBJECT>Competitive bidding mechanisms.</SUBJECT> <SECTNO>22.207</SECTNO> <SUBJECT>Withdrawal, default, and disqualification payments.</SUBJECT> <SECTNO>22.209</SECTNO> <SUBJECT>Bidding applications (FCC Form 175 and 175-S short-form).</SUBJECT> <SECTNO>22.211</SECTNO> <SUBJECT>Submission of upfront payments and down payments.</SUBJECT> <SECTNO>22.213</SECTNO> <SUBJECT>Long-form applications (FCC Form 600).</SUBJECT> <SECTNO>22.215</SECTNO> <SUBJECT>Authorization grant, denial, default, and disqualification.</SUBJECT> <SECTNO>22.217</SECTNO> <SUBJECT>Bidding credits for small businesses.<PRTPAGE P="90"/> </SUBJECT> <SECTNO>22.219</SECTNO> <SUBJECT>Installment payments for licenses won by small businesses.</SUBJECT> <SECTNO>22.221</SECTNO> <SUBJECT>Eligibility for partitioned licenses.</SUBJECT> <SECTNO>22.223</SECTNO> <SUBJECT>Definitions concerning competitive bidding process.</SUBJECT> <SECTNO>22.225</SECTNO> <SUBJECT>Certifications, disclosures, records maintenance and audits.</SUBJECT> <SECTNO>22.227</SECTNO> <SUBJECT>Petitions to deny and limitation on settlements.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Operational and Technical Requirements</HD> <SUBJGRP> <HD SOURCE="HED">Operational Requirements</HD> <SECTNO>22.301</SECTNO> <SUBJECT>Station inspection.</SUBJECT> <SECTNO>22.303</SECTNO> <SUBJECT>Retention of station authorizations; identifying transmitters.</SUBJECT> <SECTNO>22.305</SECTNO> <SUBJECT>Operator and maintenance requirements.</SUBJECT> <SECTNO>22.307</SECTNO> <SUBJECT>Operation during emergency.</SUBJECT> <SECTNO>22.313</SECTNO> <SUBJECT>Station identification.</SUBJECT> <SECTNO>22.315</SECTNO> <SUBJECT>Duty to respond to official communications.</SUBJECT> <SECTNO>22.317</SECTNO> <SUBJECT>Discontinuance of station operation.</SUBJECT> <SECTNO>22.321</SECTNO> <SUBJECT>Equal employment opportunities.</SUBJECT> <SECTNO>22.323</SECTNO> <SUBJECT>Incidental communication services.</SUBJECT> <SECTNO>22.325</SECTNO> <SUBJECT>Control points.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Technical Requirements</HD> <SECTNO>22.351</SECTNO> <SUBJECT>Channel assignment policy.</SUBJECT> <SECTNO>22.352</SECTNO> <SUBJECT>Protection from interference.</SUBJECT> <SECTNO>22.353</SECTNO> <SUBJECT>Blanketing interference.</SUBJECT> <SECTNO>22.355</SECTNO> <SUBJECT>Frequency tolerance.</SUBJECT> <SECTNO>22.357</SECTNO> <SUBJECT>Emission types.</SUBJECT> <SECTNO>22.359</SECTNO> <SUBJECT>Emission masks.</SUBJECT> <SECTNO>22.361</SECTNO> <SUBJECT>Standby facilities.</SUBJECT> <SECTNO>22.363</SECTNO> <SUBJECT>Directional antennas.</SUBJECT> <SECTNO>22.365</SECTNO> <SUBJECT>Antenna structures; air navigation safety.</SUBJECT> <SECTNO>22.367</SECTNO> <SUBJECT>Wave polarization.</SUBJECT> <SECTNO>22.369</SECTNO> <SUBJECT>Quiet zones and Arecibo Coordination Zone.</SUBJECT> <SECTNO>22.371</SECTNO> <SUBJECT>Disturbance of AM broadcast station antenna patterns.</SUBJECT> <SECTNO>22.373</SECTNO> <SUBJECT>Access to transmitters.</SUBJECT> <SECTNO>22.377</SECTNO> <SUBJECT>Certification of transmitters.</SUBJECT> <SECTNO>22.379</SECTNO> <SUBJECT>Replacement of equipment.</SUBJECT> <SECTNO>22.381</SECTNO> <SUBJECT>Auxiliary test transmitters.</SUBJECT> <SECTNO>22.383</SECTNO> <SUBJECT>In-building radiation systems.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Developmental Authorizations</HD> <SECTNO>22.401</SECTNO> <SUBJECT>Description and purposes of developmental authorizations.</SUBJECT> <SECTNO>22.403</SECTNO> <SUBJECT>General limitations.</SUBJECT> <SECTNO>22.409</SECTNO> <SUBJECT>Developmental authorization for a new Public Mobile Service or technology.</SUBJECT> <SECTNO>22.411</SECTNO> <SUBJECT>Developmental authorization of 43 MHz paging transmitters.</SUBJECT> <SECTNO>22.413</SECTNO> <SUBJECT>Developmental authorization of 72-76 MHz fixed transmitters.</SUBJECT> <SECTNO>22.415</SECTNO> <SUBJECT>Developmental authorization of 928-960 MHz fixed transmitters.</SUBJECT> <SECTNO>22.417</SECTNO> <SUBJECT>Developmental authorization of meteor burst systems.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Paging and Radiotelephone Service</HD> <SECTNO>22.501</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>22.503</SECTNO> <SUBJECT>Paging geographic area authorizations.</SUBJECT> <SECTNO>22.507</SECTNO> <SUBJECT>Number of transmitters per station.</SUBJECT> <SECTNO>22.509</SECTNO> <SUBJECT>Procedures for mutually exclusive applications in the Paging and Radiotelephone Service.</SUBJECT> <SECTNO>22.511</SECTNO> <SUBJECT>Construction period for the Paging and Radiotelephone Service.</SUBJECT> <SECTNO>22.515</SECTNO> <SUBJECT>Permissible communications paths.</SUBJECT> <SECTNO>22.527</SECTNO> <SUBJECT>Signal boosters.</SUBJECT> <SECTNO>22.529</SECTNO> <SUBJECT>Application requirements for the Paging and Radiotelephone Service.</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Paging Operation</HD> <SECTNO>22.531</SECTNO> <SUBJECT>Channels for paging operation.</SUBJECT> <SECTNO>22.535</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> <SECTNO>22.537</SECTNO> <SUBJECT>Technical channel assignment criteria.</SUBJECT> <SECTNO>22.539</SECTNO> <SUBJECT>Additional channel policies.</SUBJECT> <SECTNO>22.551</SECTNO> <SUBJECT>Nationwide network paging service.</SUBJECT> <SECTNO>22.559</SECTNO> <SUBJECT>Paging application requirements.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">One-way or Two-way Mobile Operation</HD> <SECTNO>22.561</SECTNO> <SUBJECT>Channels for one-way or two-way mobile operation.</SUBJECT> <SECTNO>22.563</SECTNO> <SUBJECT>Provision of rural radiotelephone service upon request.</SUBJECT> <SECTNO>22.565</SECTNO> <SUBJECT>Transmitting power limits.</SUBJECT> <SECTNO>22.567</SECTNO> <SUBJECT>Technical channel assignment criteria.</SUBJECT> <SECTNO>22.569</SECTNO> <SUBJECT>Additional channel policies.</SUBJECT> <SECTNO>22.571</SECTNO> <SUBJECT>Responsibility for mobile stations.</SUBJECT> <SECTNO>22.573</SECTNO> <SUBJECT>Use of base transmitters as repeaters.</SUBJECT> <SECTNO>22.575</SECTNO> <SUBJECT>Use of mobile channel for remote control of station functions.</SUBJECT> <SECTNO>22.577</SECTNO> <SUBJECT>Dispatch service.</SUBJECT> <SECTNO>22.579</SECTNO> <SUBJECT>Operation of mobile transmitters across U.S.-Canada border.</SUBJECT> <SECTNO>22.589</SECTNO> <SUBJECT>One-way or two-way application requirements.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Point-to-Point Operation</HD> <SECTNO>22.591</SECTNO> <SUBJECT>Channels for point-to-point operation.</SUBJECT> <SECTNO>22.593</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> <SECTNO>22.599</SECTNO> <SUBJECT>Assignment of 72-76 MHz channels.</SUBJECT> <SECTNO>22.601</SECTNO> <SUBJECT>Assignment of microwave channels.</SUBJECT> <SECTNO>22.602</SECTNO> <SUBJECT>Transition of the 2110-2130 and 2160-2180 MHz channels to emerging technologies.</SUBJECT> <SECTNO>22.603</SECTNO> <SUBJECT>488-494 MHz fixed service in Hawaii.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Point-to-Multipoint Operation</HD> <SECTNO>22.621</SECTNO> <SUBJECT>Channels for point-to-multipoint operation.</SUBJECT> <SECTNO>22.623</SECTNO> <SUBJECT>System configuration.</SUBJECT> <SECTNO>22.625</SECTNO> <SUBJECT>Transmitter locations.</SUBJECT> <SECTNO>22.627</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">470-512 MHz Trunked Mobile Operation</HD> <SECTNO>22.651</SECTNO> <SUBJECT>470-512 MHz channels for trunked mobile operation.<PRTPAGE P="91"/> </SUBJECT> <SECTNO>22.653</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <SECTNO>22.655</SECTNO> <SUBJECT>Channel usage.</SUBJECT> <SECTNO>22.657</SECTNO> <SUBJECT>Transmitter locations.</SUBJECT> <SECTNO>22.659</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Rural Radiotelephone Service</HD> <SECTNO>22.701</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>22.702</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <SECTNO>22.703</SECTNO> <SUBJECT>Separate rural subscriber station authorization not required.</SUBJECT> <SECTNO>22.705</SECTNO> <SUBJECT>Rural radiotelephone system configuration.</SUBJECT> <SECTNO>22.709</SECTNO> <SUBJECT>Rural radiotelephone service application requirements.</SUBJECT> <SECTNO>22.711</SECTNO> <SUBJECT>Provision of information to applicants.</SUBJECT> <SECTNO>22.713</SECTNO> <SUBJECT>Construction period for rural radiotelephone stations.</SUBJECT> <SECTNO>22.715</SECTNO> <SUBJECT>Technical channel assignment criteria for rural radiotelephone stations.</SUBJECT> <SECTNO>22.717</SECTNO> <SUBJECT>Procedure for mutually exclusive applications in the Rural Radiotelephone Service.</SUBJECT> <SECTNO>22.719</SECTNO> <SUBJECT>Additional channel policy for rural radiotelephone stations.</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Conventional Rural Radiotelephone Stations</HD> <SECTNO>22.721</SECTNO> <SUBJECT>Geographic area authorizations.</SUBJECT> <SECTNO>22.723</SECTNO> <SUBJECT>Secondary site-by-site authorizations.</SUBJECT> <SECTNO>22.725</SECTNO> <SUBJECT>Channels for conventional rural radiotelephone stations.</SUBJECT> <SECTNO>22.727</SECTNO> <SUBJECT>Power limits for conventional rural radiotelephone transmitters.</SUBJECT> <SECTNO>22.729</SECTNO> <SUBJECT>Meteor burst propagation modes.</SUBJECT> <SECTNO>22.731</SECTNO> <SUBJECT>Emission limitations.</SUBJECT> <SECTNO>22.733</SECTNO> <SUBJECT>Priority of service.</SUBJECT> <SECTNO>22.737</SECTNO> <SUBJECT>Temporary fixed stations.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Basic Exchange Telephone Radio Systems</HD> <SECTNO>22.757</SECTNO> <SUBJECT>Channels for basic exchange telephone radio systems.</SUBJECT> <SECTNO>22.759</SECTNO> <SUBJECT>Power limit for BETRS.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Air-Ground Radiotelephone Service</HD> <SECTNO>22.801</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>22.803</SECTNO> <SUBJECT>Air-ground application requirements.</SUBJECT> <SUBJGRP> <HD SOURCE="HED">General Aviation Air-Ground Stations</HD> <SECTNO>22.805</SECTNO> <SUBJECT>Channels for general aviation air-ground service.</SUBJECT> <SECTNO>22.809</SECTNO> <SUBJECT>Transmitting power limits.</SUBJECT> <SECTNO>22.811</SECTNO> <SUBJECT>Idle tone.</SUBJECT> <SECTNO>22.813</SECTNO> <SUBJECT>Technical channel pair assignment criteria.</SUBJECT> <SECTNO>22.815</SECTNO> <SUBJECT>Construction period for general aviation ground stations.</SUBJECT> <SECTNO>22.817</SECTNO> <SUBJECT>Additional channel policies.</SUBJECT> <SECTNO>22.819</SECTNO> <SUBJECT>AGRAS compatibility requirement.</SUBJECT> <SECTNO>22.821</SECTNO> <SUBJECT>Authorization for airborne mobile stations.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Commercial Aviation Air-Ground Systems</HD> <SECTNO>22.857</SECTNO> <SUBJECT>Channel plan for commercial aviation air-ground systems.</SUBJECT> <SECTNO>22.859</SECTNO> <SUBJECT>Geographical channel block layout.</SUBJECT> <SECTNO>22.861</SECTNO> <SUBJECT>Emission limitations.</SUBJECT> <SECTNO>22.863</SECTNO> <SUBJECT>Transmitter frequency tolerance.</SUBJECT> <SECTNO>22.865</SECTNO> <SUBJECT>Automatic channel selection procedures.</SUBJECT> <SECTNO>22.867</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> <SECTNO>22.869</SECTNO> <SUBJECT>Assignment of control channels.</SUBJECT> <SECTNO>22.871</SECTNO> <SUBJECT>Control channel transition period.</SUBJECT> <SECTNO>22.873</SECTNO> <SUBJECT>Construction period for commercial aviation air-ground systems.</SUBJECT> <SECTNO>22.875</SECTNO> <SUBJECT>Commercial aviation air-ground system application requirements.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Cellular Radiotelephone Service</HD> <SECTNO>22.900</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>22.901</SECTNO> <SUBJECT>Cellular service requirements and limitations.</SUBJECT> <SECTNO>22.905</SECTNO> <SUBJECT>Channels for cellular service.</SUBJECT> <SECTNO>22.907</SECTNO> <SUBJECT>Coordination of channel usage.</SUBJECT> <SECTNO>22.909</SECTNO> <SUBJECT>Cellular markets.</SUBJECT> <SECTNO>22.911</SECTNO> <SUBJECT>Cellular geographic service area.</SUBJECT> <SECTNO>22.912</SECTNO> <SUBJECT>Service area boundary extensions.</SUBJECT> <SECTNO>22.913</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> <SECTNO>22.915</SECTNO> <SUBJECT>Modulation requirements.</SUBJECT> <SECTNO>22.917</SECTNO> <SUBJECT>Emission limitations for cellular.</SUBJECT> <SECTNO>22.919</SECTNO> <SUBJECT>Electronic serial numbers.</SUBJECT> <SECTNO>22.923</SECTNO> <SUBJECT>Cellular system configuration.</SUBJECT> <SECTNO>22.925</SECTNO> <SUBJECT>Prohibition on airborne operation of cellular telephones.</SUBJECT> <SECTNO>22.927</SECTNO> <SUBJECT>Responsibility for mobile stations.</SUBJECT> <SECTNO>22.929</SECTNO> <SUBJECT>Application requirements for the Cellular Radiotelephone Service.</SUBJECT> <SECTNO>22.933</SECTNO> <SUBJECT>Cellular system compatibility specification.</SUBJECT> <SECTNO>22.935</SECTNO> <SUBJECT>Procedures for comparative renewal proceedings.</SUBJECT> <SECTNO>22.936</SECTNO> <SUBJECT>Dismissal of applications in cellular renewal proceedings.</SUBJECT> <SECTNO>22.937</SECTNO> <SUBJECT>Demonstration of financial qualifications.</SUBJECT> <SECTNO>22.939</SECTNO> <SUBJECT>Site availability requirements for applications competing with cellular renewal applications.</SUBJECT> <SECTNO>22.940</SECTNO> <SUBJECT>Criteria for comparative cellular renewal proceedings.</SUBJECT> <SECTNO>22.941</SECTNO> <SUBJECT>System identification numbers.</SUBJECT> <SECTNO>22.942</SECTNO> <SUBJECT>Limitations on interests in licensees for both channel blocks in an area.</SUBJECT> <SECTNO>22.943</SECTNO> <SUBJECT>Limitations on assignments and transfers of cellular authorizations.</SUBJECT> <SECTNO>22.944</SECTNO> <SUBJECT>Transfers of interests in applications.</SUBJECT> <SECTNO>22.945</SECTNO> <SUBJECT>Interests in multiple applications.</SUBJECT> <SECTNO>22.946</SECTNO> <SUBJECT>Service commencement and construction periods for cellular systems.</SUBJECT> <SECTNO>22.947</SECTNO> <SUBJECT>Five year build-out period.</SUBJECT> <SECTNO>22.949</SECTNO> <SUBJECT>Unserved area licensing process.</SUBJECT> <SECTNO>22.951</SECTNO> <SUBJECT>Minimum coverage requirement.</SUBJECT> <SECTNO>22.953</SECTNO> <SUBJECT>Content and form of applications.</SUBJECT> <SECTNO>22.955</SECTNO> <SUBJECT>Canadian condition.</SUBJECT> <SECTNO>22.957</SECTNO> <SUBJECT>Mexican condition.</SUBJECT> <SECTNO>22.959</SECTNO> <SUBJECT>Rules governing processing of applications for initial systems.<PRTPAGE P="92"/> </SUBJECT> <SECTNO>22.960</SECTNO> <SUBJECT>Cellular unserved area radiotelephone licenses subject to competitive bidding.</SUBJECT> <SECTNO>22.961</SECTNO> <SUBJECT>Competitive bidding design for cellular unserved area radiotelephone licensing.</SUBJECT> <SECTNO>22.962</SECTNO> <SUBJECT>Competitive bidding mechanisms.</SUBJECT> <SECTNO>22.963</SECTNO> <SUBJECT>Withdrawal, default and disqualification payments.</SUBJECT> <SECTNO>22.964</SECTNO> <SUBJECT>Bidding application (FCC Form 175).</SUBJECT> <SECTNO>22.965</SECTNO> <SUBJECT>Submission of upfront payments and down payments.</SUBJECT> <SECTNO>22.966</SECTNO> <SUBJECT>Long-form applications.</SUBJECT> <SECTNO>22.967</SECTNO> <SUBJECT>License grant, denial, default, and disqualification.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Offshore Radiotelephone Service</HD> <SECTNO>22.1001</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>22.1003</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <SECTNO>22.1005</SECTNO> <SUBJECT>Priority of service.</SUBJECT> <SECTNO>22.1007</SECTNO> <SUBJECT>Channels for offshore radiotelephone systems.</SUBJECT> <SECTNO>22.1009</SECTNO> <SUBJECT>Transmitter locations.</SUBJECT> <SECTNO>22.1011</SECTNO> <SUBJECT>Antenna height limitations.</SUBJECT> <SECTNO>22.1013</SECTNO> <SUBJECT>Effective radiated power limitations.</SUBJECT> <SECTNO>22.1015</SECTNO> <SUBJECT>Repeater operation.</SUBJECT> <SECTNO>22.1025</SECTNO> <SUBJECT>Permissible communications.</SUBJECT> <SECTNO>22.1031</SECTNO> <SUBJECT>Temporary fixed stations.</SUBJECT> <SECTNO>22.1035</SECTNO> <SUBJECT>Construction period.</SUBJECT> <SECTNO>22.1037</SECTNO> <SUBJECT>Application requirements for offshore stations.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 47 U.S.C. 154, 222, 303, 309 and 332. </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 59 FR 59507, Nov. 17, 1994, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Scope and Authority</HD> <SECTION> <SECTNO>§ 22.1</SECTNO> <SUBJECT>Basis and purpose.</SUBJECT> 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) <E T="03">Basis.</E> These rules are issued pursuant to the Communications Act of 1934, as amended, 47 U.S.C. 151 <E T="03">et. seq.</E> (b) <E T="03">Purpose.</E> 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. </SECTION> <SECTION> <SECTNO>§ 22.3</SECTNO> <SUBJECT>Authorization required.</SUBJECT> 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 § 22.821. (2) Individual authorizations are required to operate rural subscriber stations in the Rural Radiotelephone Service, except as provided in § 22.703. </SECTION> <SECTION> <SECTNO>§ 22.5</SECTNO> <SUBJECT>Citizenship.</SUBJECT> The rules in this section implement section 310 of the Communications Act of 1934, as amended (47 U.S.C. § 310), in regard to the citizenship of licensees in the Public Mobile Services. (a) <E T="03">Foreign governments.</E> The FCC will not grant an authorization in the Public Mobile Services to any foreign government or any representative thereof. (b) <E T="03">Alien ownership or control.</E> 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, <PRTPAGE P="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. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 55580, Oct. 28, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.7</SECTNO> <SUBJECT>General eligibility.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.99</SECTNO> <SUBJECT>Definitions.</SUBJECT> Terms used in this part have the following meanings: <E T="03">Air-Ground Radiotelephone Service.</E> A radio service in which common carriers are authorized to offer and provide radio telecommunications service for hire to subscribers in aircraft. <E T="03">Airborne station.</E> A mobile station in the Air-Ground Radiotelephone Service authorized for use on aircraft while in flight or on the ground. <E T="03">Antenna structure.</E> 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). <E T="03">Antenna.</E> 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. <E T="03">Archival quality microfiche.</E> A silver halide master microfiche or a copy made on silver halide film. <E T="03">Assignment of authorization.</E> 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. <E T="03">Authorization.</E> 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. <E T="03">Authorized bandwidth.</E> The necessary or occupied bandwidth of an emission, whichever is more. <E T="03">Authorized spectrum.</E> 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. <E T="03">Auxiliary test transmitter.</E> A fixed transmitter used to test Public Mobile systems. <E T="03">Base transmitter.</E> A stationary transmitter that provides radio telecommunications service to mobile and/or fixed receivers, including those associated with mobile stations. <E T="03">Blanketing interference.</E> 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. <E T="03">Build-out transmitters.</E> 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. <E T="03">Cardinal radials.</E> Eight imaginary straight lines extending radially on the ground from an antenna location in the following azimuths with respect to true North: 0°, 45°, 90°, 135°, 180°, 225°, 270°, 315°. <E T="03">Carrier frequency.</E> The frequency of the unmodulated electrical wave at the output of an amplitude modulated (AM), frequency modulated (FM) or phase modulated (PM) transmitter. <E T="03">Cell</E>. The service area of an individual transmitter location in a cellular system. <E T="03">Cellular Geographic Service Area.</E> 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 <PRTPAGE P="94"/>determining whether a petitioner has standing. See § 22.911. <E T="03">Cellular markets.</E> Standard geographic areas used by the FCC for administrative convenience in the licensing of cellular systems. See § 22.909. <E T="03">Cellular Radiotelephone Service.</E> 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. <E T="03">Cellular repeater.</E> 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. <E T="03">Cellular service.</E> Radio telecommunication services provided using a cellular system. <E T="03">Cellular system.</E> 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. <E T="03">Center frequency.</E> The frequency of the middle of the bandwidth of a channel. <E T="03">Central office transmitter.</E> A fixed transmitter in the Rural Radiotelephone Service that provides service to rural subscriber stations. <E T="03">CGSA.</E> See <E T="03">Cellular Geographic Service Area.</E> <E T="03">Channel.</E> 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, § 22.161. <E T="03">Channel bandwidth.</E> The spectral width of a channel, as specified in this part, within which 99% of the emission power must be contained. <E T="03">Channel block.</E> A group of channels that are assigned together, not individually. <E T="03">Channel pair.</E> Two channels that are assigned together, not individually. In this part, channel pairs are indicated by an ellipsis between the center frequencies. <E T="03">Communications channel.</E> In the Cellular Radiotelephone and Air-ground Radiotelephone Services, a channel used to carry subscriber communications. <E T="03">Construction period.</E> The period between the date of grant of an authorization and the date of required commencement of service. <E T="03">Control channel.</E> 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. <E T="03">Control point.</E> A location where the operation of a public mobile station is supervised and controlled by the licensee of that station. <E T="03">Control transmitter.</E> 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. <E T="03">Dead spots.</E> 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. <E T="03">Dispatch service.</E> 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. <E T="03">Effective radiated power (ERP).</E> 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 <PRTPAGE P="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. <E T="03">Emission.</E> The electromagnetic energy radiated from an antenna. <E T="03">Emission designator.</E> An internationally accepted symbol for describing an emission in terms of its bandwidth and the characteristics of its modulation, if any. See § 2.201 of this chapter for details. <E T="03">Emission mask.</E> 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. <E T="03">Equivalent isotropically radiated power (EIRP).</E> 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. <E T="03">Extension.</E> In the Cellular Radiotelephone Service, an area within the service area boundary of a cellular system, but outside of the market boundary. See §§ 22.911(c) and 22.912. <E T="03">Facsimile service.</E> Transmission of still images from one place to another by means of radio. <E T="03">Fill-in transmitters.</E> 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. <E T="03">Five year build-out period.</E> 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 § 22.947. <E T="03">Fixed transmitter.</E> A stationary transmitter that communicates with other stationary transmitters. <E T="03">Frequency.</E> The number of cycles occurring per second of an electrical or electromagnetic wave; a number representing a specific point in the electromagnetic spectrum. <E T="03">Ground station.</E> In the Air-ground Radiotelephone Service, a stationary transmitter that provides service to airborne mobile stations. <E T="03">Height above average terrain (HAAT).</E> The height of an antenna above the average elevation of the surrounding area. <E T="03">In-building radiation systems.</E> 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. <E T="03">Initial cellular applications.</E> Applications for authority to construct and operate a new cellular system, excluding applications for interim operating authority. <E T="03">Interfering contour.</E> 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. <E T="03">Interoffice transmitter.</E> A fixed transmitter in the Rural Radiotelephone Service that communicates with other interoffice transmitters for the purpose of interconnecting rural central offices. <E T="03">Meteor burst propagation mode.</E> A long distance VHF radio communication path occurring as a result of the refraction of electromagnetic waves by ionized meteor trails. <E T="03">Mobile station.</E> One or more transmitters that are capable of operation while in motion. <E T="03">Necessary bandwidth.</E> 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 <PRTPAGE P="96"/>to be the minimum necessary to convey information at the desired rate with the desired accuracy. <E T="03">Occupied bandwidth.</E> 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. <E T="03">Offshore central transmitter.</E> A fixed transmitter in the Offshore Radiotelephone Service that provides service to offshore subscriber stations. <E T="03">Offshore Radiotelephone Service.</E> 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. <E T="03">Offshore subscriber station.</E> One or more fixed and/or mobile transmitters in the Offshore Radiotelephone Service that receive service from offshore central transmitters. <E T="03">Pager.</E> 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. <E T="03">Paging geographic area authorization.</E> 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. <E T="03">Paging geographic areas.</E> 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. <E T="03">See</E> § 22.503(b). <E T="03">Paging and Radiotelephone Service.</E> 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. <E T="03">Paging service.</E> Transmission of coded radio signals for the purpose of activating specific pagers; such transmissions may include messages and/or sounds. <E T="03">Partitioned cellular market.</E> 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 § 22.947(b). <E T="03">Public Mobile Services.</E> Radio services in which common carriers are authorized to offer and provide mobile and related fixed radio telecommunication services for hire to the public. <E T="03">Radio common carrier.</E> A telecommunications common carrier that provides radio communications services but is not engaged in the business of providing landline local exchange telephone service. <E T="03">Radio telecommunication services.</E> Communication services provided by the use of radio, including radiotelephone, radiotelegraph, paging and facsimile service. <E T="03">Radiotelegraph service.</E> Transmission of messages from one place to another by means of radio. <E T="03">Radiotelephone service.</E> Transmission of sound from one place to another by means of radio. <E T="03">Repeater.</E> A fixed transmitter that retransmits the signals of other stations. <E T="03">Roamer.</E> A mobile station receiving service from a station or system in the Public Mobile Services other than one to which it is a subscriber. <E T="03">Rural Radiotelephone Service.</E> 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.<PRTPAGE P="97"/> <E T="03">Rural subscriber station.</E> One or more fixed transmitters in the Rural Radiotelephone Service that receive service from central office transmitters. <E T="03">Service area.</E> The geographic area considered by the FCC to be reliably served by a station in the Public Mobile Services. <E T="03">Service contour.</E> 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. <E T="03">Service to subscribers.</E> Service to at least one subscriber that is not affiliated with, controlled by or related to the providing carrier. <E T="03">Signal booster.</E> 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. <E T="03">Station.</E> A station equipped to engage in radio communication or radio transmission of energy (47 U.S.C. 153(k)). <E T="03">Telecommunications common carrier.</E> An individual, partnership, association, joint-stock company, trust or corporation engaged in rendering radio telecommunications services to the general public for hire. <E T="03">Temporary fixed station.</E> One or more fixed transmitters that normally do not remain at any particular location for longer than 6 months. <E T="03">Transfer of control.</E> A transfer of the controlling interest in a Public Mobile Services licensee from one party to another. <E T="03">Unserved areas.</E> 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. <E T="03">Wireline common carrier.</E> A telecommunications common carrier that is also engaged in the business of providing landline local exchange telephone service. <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 63 FR 36603, July 7, 1998, § 22.99 was amended in the definition of <E T="03">emission mask</E> by removing the term “type acceptance” and replacing it with “certification”, effective Oct. 5, 1998. </EFFDNOT> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Licensing Requirements and Procedures</HD> <SUBJGRP> <HD SOURCE="HED">Applications and Notifications</HD> <SECTION> <SECTNO>§ 22.101</SECTNO> <SUBJECT>Station files.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.103</SECTNO> <SUBJECT>Representations.</SUBJECT> Applicants must make full and continuing disclosure as required by § 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. </SECTION> <SECTION> <SECTNO>§ 22.105</SECTNO> <SUBJECT>Written applications, standard forms, microfiche, magnetic disks.</SUBJECT> 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 <PRTPAGE P="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. <GPOTABLE CDEF="s50,6,r50" COLS="3" OPTS="L2,i1"> <TTITLE>Table B-1.—Standard Forms for the Public Mobile Services</TTITLE> <BOXHD> <CHED H="1">Purpose of filing</CHED> <CHED H="1">Form No.</CHED> <CHED H="1">Title of form</CHED> </BOXHD> <ROW> <ENT I="01">Application for renewal of authorization</ENT> <ENT>405</ENT> <ENT>Application for Renewal of Station License.</ENT> </ROW> <ROW> <ENT I="01">Application for airborne mobile authorization</ENT> <ENT>409</ENT> <ENT>Application for Airborne Mobile Radiotelephone Authorization.</ENT> </ROW> <ROW> <ENT I="01">Application for assignment of authorization</ENT> <ENT>430</ENT> <ENT>Licensee Qualification Report.</ENT> </ROW> <ROW> <ENT I="01">Transmittal for Phase I cellular application</ENT> <ENT>464</ENT> <ENT>Transmittal Sheet for Cellular Applications for Unserved Areas.</ENT> </ROW> <ROW> <ENT I="01">Transmittal for Phase II cellular application</ENT> <ENT>464-A</ENT> <ENT>Transmittal Sheet for Phase 2 Cellular Applications for Unserved Areas.</ENT> </ROW> <ROW> <ENT I="01">Notification of completion of construction <LI>Notification of minor modification of station</LI> </ENT> <ENT>489</ENT> <ENT>Notification of Commencement of Service or of Additional or Modified Facilities.</ENT> </ROW> <ROW> <ENT I="01">Application for assignment of authorization <LI>Application for consent to transfer of control </LI> </ENT> <ENT>490</ENT> <ENT>Application for Assignment of Authorization or Consent to Transfer of Control of Licensee.</ENT> </ROW> <ROW> <ENT I="01">Application for new or modified station <LI>Major amendment to pending application </LI> <LI>Application for partial assignment of authorization</LI> </ENT> <ENT>600</ENT> <ENT>Application for Mobile Radio Service Authorization.</ENT> </ROW> </GPOTABLE> (a) <E T="03">Formal applications, amendments and notifications.</E> 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) <E T="03">Informal applications, amendments and notifications.</E> 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) <E T="03">Standard forms.</E> 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) <E T="03">Microfiche required.</E> 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 § 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× or 27× 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<FR>1/2</FR>″ 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 <PRTPAGE P="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 § 1.45 of this chapter. (e) <E T="03">Paper original required.</E> 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 § 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 § 1.51 of this chapter. (f) <E T="03">Correspondence.</E> 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) <E T="03">Magnetic disks.</E> 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<FR>1/4</FR>;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> <HD SOURCE="HED">Note:</HD> Paragraph (g) of § 22.105 is not effective until further notice. </NOTE> <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 61 FR 54098, Oct. 17, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 59 FR 59507, Nov. 17, 1994, § 22.105 was revised effective January 1, 1995, except for paragraph (g). A document will be published in the <E T="04">Federal Register</E> announcing the effective date of that paragraph. </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 22.106</SECTNO> <SUBJECT>Filing fees; place.</SUBJECT> 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 (§ 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. </SECTION> <SECTION> <SECTNO>§ 22.107</SECTNO> <SUBJECT>General application requirements.</SUBJECT> 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;<PRTPAGE P="100"/> (e) Be amended as necessary to remain substantially accurate and complete in all significant respects, in accordance with the provisions of § 1.65 of this chapter; and, (f) Be signed in accordance with § 1.743 of this chapter. </SECTION> <SECTION> <SECTNO>§ 22.108</SECTNO> <SUBJECT>Parties to applications.</SUBJECT> 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 § 22.953(a)(5)(v). </SECTION> <SECTION> <SECTNO>§ 22.115</SECTNO> <SUBJECT>Content of applications.</SUBJECT> Applications must contain all applicable information requested on the standard form and any additional information required by the rules in this part. (a) <E T="03">Site-specific requirements.</E> The following requirements apply to all Public Mobile Service applications that involve specific transmitting antenna sites: (1) <E T="03">Site availability.</E> 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) <E T="03">Antenna structure registration.</E> 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) <E T="03">FAA notification.</E> 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 <PRTPAGE P="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) <E T="03">Antenna locations.</E> 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. <EXTRACT> <E T="04">Note</E> to paragraph (a)(4) of § 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). </EXTRACT> (5) <E T="03">Environmental concerns.</E> 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 § 1.1307 of this chapter. If answered affirmatively, an Environmental Assessment, required by § 1.1311 of this chapter, must be filed with the application and environmental review by the FCC must be completed prior to construction. (b) <E T="03">Reference to material on file.</E> 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<FR>1/2</FR>;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) <E T="03">Service specific requirements.</E> Applications for authorization in the Cellular Radiotelephone Service must contain specific information as required by § 22.929 and § 22.953. Applications for authorization in the Paging and Radiotelephone Service must contain specific information as required by § 22.529, § 22.559 and § 22.589. Applications for authorization in the Rural Radiotelephone Service must contain the information required by § 22.709. Applications for authorization in the Offshore Radio Service must contain the information required by § 22.1037. Applications for authorization in the Air-Ground Radiotelephone Service must contain specific information as required by § 22.803 and § 22.875, as appropriate. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.117</SECTNO> <SUBJECT>Content of notifications.</SUBJECT> Notifications must contain all applicable information requested on the standard form and any additional information required by the rules in this part. See §§ 22.124, 22.137, 22.142, 22.163, 22.165, 22.941, and 22.946. </SECTION> <SECTION> <SECTNO>§ 22.119</SECTNO> <SUBJECT>Requests for rule waivers.</SUBJECT> 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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 22.120</SECTNO> <SUBJECT>Application processing; initial procedures.</SUBJECT> This section contains rules governing the initial processing of applications for authority to operate a station in the Public Mobile Services. (a) <E T="03">File numbers.</E> 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) <E T="03">Received date.</E> 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) <E T="03">Initial review for completeness (prescreening).</E> 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) <E T="03">Public notice; acceptance for filing.</E> 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 § 22.128. </SECTION> <SECTION> <SECTNO>§ 22.121</SECTNO> <SUBJECT>Repetitious, inconsistent or conflicting applications.</SUBJECT> 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 <PRTPAGE P="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 § 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. <CITA>[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.122</SECTNO> <SUBJECT>Amendment of applications.</SUBJECT> 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 § 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 § 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. </SECTION> <SECTION> <SECTNO>§ 22.123</SECTNO> <SUBJECT>Classification of filings as major or minor.</SUBJECT> 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) <E T="03">Ownership or control change.</E> Filings are major if they specify a substantial change in beneficial ownership or control (<E T="03">de jure</E> or <E T="03">de facto</E>), 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) <E T="03">Developmental.</E> Applications are major if they request a developmental authorization pursuant to § 22.409, or a regular authorization for facilities operating under a developmental authorization. (c) <E T="03">Renewal.</E> Applications of renewal of authorizations are major. (d) <E T="03">Environmental.</E> Filings are major if they request authorization for a facility that would have a significant environmental effect, as defined by §§ 1.1301 through 1.1319 of this chapter. (e) <E T="03">Paging and Radiotelephone Service.</E> 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 <PRTPAGE P="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 (<E T="03">see</E> § 22.150) to change the technical proposal substantially from that which was coordinated with other users. (f) <E T="03">Rural Radiotelephone Service.</E> 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) <E T="03">Cellular Radiotelephone Service.</E> 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 <E T="03">de minimis</E> service area boundary extension (see § 22.911(c)(1)); (4) Request that a CGSA boundary or a portion of a CGSA boundary be determined using an alternative method (see § 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) <E T="03">Air-ground Radiotelephone.</E> 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 § 22.859;<PRTPAGE P="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) <E T="03">Offshore Radiotelephone.</E> 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) <E T="03">Clerical errors.</E> 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. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11629, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.124</SECTNO> <SUBJECT>Notification processing.</SUBJECT> This section contains rules governing the processing of notifications (filed on FCC Form 489) in the Public Mobile Services. (a) <E T="03">File numbers.</E> 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) <E T="03">Defective notifications.</E> 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) <E T="03">Review.</E> 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. </SECTION> <SECTION> <SECTNO>§ 22.125</SECTNO> <SUBJECT>Application for special temporary authorizations.</SUBJECT> 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 § 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) <E T="03">Grant without Public Notice.</E> 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;<PRTPAGE P="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) <E T="03">Limit on STA term.</E> The FCC may grant STAs valid for a period not to exceed 180 days under the provisions of § 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. </SECTION> <SECTION> <SECTNO>§ 22.127</SECTNO> <SUBJECT>Public notices.</SUBJECT> Periodically, the FCC issues Public Notices listing major filings and other information of public significance. Categories of Public Notice listings are as follows: (a) <E T="03">Accepted for filing.</E> Acceptance for filing of applications and major amendments thereto. (b) <E T="03">Actions.</E> FCC actions on pending applications previously listed as accepted for filing. (c) <E T="03">Informative listings.</E> 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. </SECTION> <SECTION> <SECTNO>§ 22.128</SECTNO> <SUBJECT>Dismissal of applications.</SUBJECT> 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) <E T="03">Dismissal at request of applicant.</E> 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 § 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) <E T="03">Dismissal of mutually exclusive applications not granted.</E> The FCC may dismiss mutually exclusive applications: (1) For which the applicant did not submit the winning bid in a competitive bidding process;<PRTPAGE P="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) <E T="03">Dismissal for failure to prosecute.</E> 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 § 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) <E T="03">Dismissal as defective.</E> 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) <E T="03">Dismissal because spectrum not available.</E> 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) <E T="03">Dismissal as untimely.</E> 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. </SECTION> <SECTION> <SECTNO>§ 22.129</SECTNO> <SUBJECT>Agreements to dismiss applications, amendments or pleadings.</SUBJECT> 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 <PRTPAGE P="108"/>does not apply to dismissal or withdrawal of applications pursuant to <E T="03">bona fide</E> 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 § 1.2105(c) of this chapter. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11629, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.130</SECTNO> <SUBJECT>Petitions to deny, responsive pleadings.</SUBJECT> 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) <E T="03">Content and requirements.</E> Petitions to deny and responsive pleadings must: (1) Clearly identify the pertinent major filing(s); (2) Comply with all applicable requirements of § 1.41 through § 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, <PRTPAGE P="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) <E T="03">Expansion</E>. 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) <E T="03">Dismissal</E>. 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 § 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. </SECTION> <SECTION> <SECTNO>§ 22.131</SECTNO> <SUBJECT>Procedures for mutually exclusive applications.</SUBJECT> 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 §§ 22.509, 22.717, and 22.949) and in part 1 of this chapter. (a) <E T="03">Separate applications.</E> 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) <E T="03">Filing groups.</E> 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 § 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) <E T="03">Renewal filing group.</E> A renewal filing group comprises a timely-filed application for renewal of an authorization and all timely-filed mutually exclusive competing applications (see § 22.145). (2) <E T="03">Same-day filing group.</E> 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) <E T="03">Thirty-day notice and cut-off filing group.</E> 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) <E T="03">Window filing group.</E> 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) <E T="03">Procedures.</E> 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 <PRTPAGE P="110"/>excluded by that grant, pursuant to § 22.128. (1) <E T="03">Selection methods.</E> 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) <E T="03">Dismissal of applications.</E> The Commission may dismiss any application in a filing group that is defective or otherwise subject to dismissal under § 22.128, either before or after employing selection procedures. (3) <E T="03">Type of filing group used.</E> 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 § 22.949). (4) <E T="03">Disposition.</E> 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) <E T="03">Applications in a renewal filing group.</E> All mutually exclusive applications in a renewal filing group are designated for comparative consideration in a hearing. (ii) <E T="03">Applications in a 30-day notice and cut-off filing group.</E> (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 § 22.201 through § 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) <E T="03">Applications in a same-day filing group.</E> 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) <E T="03">Applications in a window filing group.</E> 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) <E T="03">Terminology.</E> For the purposes of this section, terms have the following meanings: (1) The <E T="03">filing date</E> 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;<PRTPAGE P="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 <E T="03">application for initial authorization</E> 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 § 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 <E T="03">application for modification</E> is any application other than an application for initial authorization or renewal. <CITA>[59 FR 59954, Nov. 21, 1994, as amended at 62 FR 11629, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.132</SECTNO> <SUBJECT>Grant of applications.</SUBJECT> 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) <E T="03">Criteria for grants</E>. 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) <E T="03">Grant of petitioned applications</E>. 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 § 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) <E T="03">Partial and conditional grants</E>. 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) <E T="03">Designation for hearing</E>. 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. </SECTION> <SECTION> <PRTPAGE P="112"/> <SECTNO>§ 22.135</SECTNO> <SUBJECT>Settlement conference.</SUBJECT> 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 § 22.128(c) or § 22.130(c). </SECTION> <SECTION> <SECTNO>§ 22.137</SECTNO> <SUBJECT>Assignment of authorization; transfer of control.</SUBJECT> 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) <E T="03">Application required.</E> 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) <E T="03">Forbearance from pro forma assignments and transfers of control</E>. Licensees that are telecommunications carriers as defined in 47 U.S.C. 153 are subject to streamlined procedures for <E T="03">pro forma</E>, <E T="03">i.e.</E>, non-substantial, transfers and assignments. (2) A <E T="03">pro forma</E> 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) <E T="03">Notification of completion</E>. 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) <E T="03">Partial assignment of authorization.</E> 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.<PRTPAGE P="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) <E T="03">Limitations.</E> 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 § 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 <E T="03">pro forma</E> assignments during the first year of operation. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 63 FR 10344, Mar. 3, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.139</SECTNO> <SUBJECT>Trafficking.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.142</SECTNO> <SUBJECT>Commencement of service; notification requirement.</SUBJECT> 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 § 21.144. Additional requirements for construction of facilities apply to cellular systems (see § 22.946) and commercial aviation air-ground systems (see § 22.873). (a) <E T="03">Construction period.</E> 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 <PRTPAGE P="114"/>subparts of this part governing each Public Mobile Service. (b) <E T="03">Notification requirement.</E> 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 § 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 §§ 22.163 and 22.165. It applies only to facilities specifically listed in authorizations for which a construction period is provided. (c) <E T="03">Requests for extension.</E> 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) <E T="03">Automatic extension for relocation.</E> 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. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.143</SECTNO> <SUBJECT>Construction prior to grant of application.</SUBJECT> 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) <E T="03">When applicants may begin construction.</E> 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) <E T="03">Notification to stop.</E> 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 <PRTPAGE P="115"/>has begun, must stop construction immediately. (c) <E T="03">Assumption of risk.</E> 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) <E T="03">Conditions.</E> 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 § 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 §§ 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. </SECTION> <SECTION> <SECTNO>§ 22.144</SECTNO> <SUBJECT>Termination of authorizations.</SUBJECT> 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) <E T="03">Expiration.</E> Authorizations automatically terminate, without specific FCC action, on the expiration date specified therein, unless a timely application for renewal is filed (see § 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) <E T="03">Failure to commence providing service to subscribers.</E> 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 § 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 § 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) <E T="03">Service discontinued.</E> Authorizations automatically terminate, without specific FCC action, if service is permanently discontinued as provided in § 22.317. (d) <E T="03">STAs.</E> 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 § 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.<PRTPAGE P="116"/> (e) <E T="03">Cancellation.</E> Authorizations submitted by licensees for cancellation terminate when the FCC gives Public Notice of such action. </SECTION> <SECTION> <SECTNO>§ 22.145</SECTNO> <SUBJECT>Renewal application procedures.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.150</SECTNO> <SUBJECT>Standard pre-filing technical coordination procedure.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.157</SECTNO> <SUBJECT>Distance computation.</SUBJECT> The method given in this section must be used to compute the distance <PRTPAGE P="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. <MATH DEEP="59" SPAN="1"> <MID>ER17NO94.000</MID> </MATH> (b) Calculate the mean geodetic latitude between the two reference points by averaging the two latitudes: <MATH DEEP="26" SPAN="1"> <MID>ER17NO94.001</MID> </MATH> (c) Calculate the number of kilometers per degree latitude difference for the mean geodetic latitude calculated in paragraph (b) of this section as follows: <MATH DEEP="31" SPAN="1"> <MID>ER17NO94.002</MID> </MATH> (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: <MATH DEEP="49" SPAN="1"> <MID>ER17NO94.003</MID> </MATH> (e) Calculate the North-South distance in kilometers as follows: <MATH DEEP="13" SPAN="1"> <MID>ER17NO94.004</MID> </MATH> (f) Calculate the East-West distance in kilometers as follows: <MATH DEEP="13" SPAN="1"> <MID>ER17NO94.005</MID> </MATH> (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: <MATH DEEP="17" SPAN="1"> <MID>ER17NO94.006</MID> </MATH> (h) Terms used in this section are defined as follows: (1) LAT1<E T="52">dd</E> and LON1<E T="52">dd</E> are the coordinates of the first location in degree-decimal format. (2) LAT2<E T="52">dd</E> and LON2<E T="52">dd</E> are the coordinates of the second location in degree-decimal format. (3) ML is the mean geodetic latitude in degree-decimal format. (4) KPD<E T="52">lat</E> is the number of kilometers per degree of latitude at a given mean geodetic latitude. (5) KPD<E T="52">lon</E> 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. </SECTION> <SECTION> <SECTNO>§ 22.159</SECTNO> <SUBJECT>Computation of average terrain elevation.</SUBJECT> 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 <PRTPAGE P="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). </SECTION> <SECTION> <SECTNO>§ 22.161</SECTNO> <SUBJECT>Application requirements for ASSB.</SUBJECT> 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 § 22.567. </SECTION> <SECTION> <SECTNO>§ 22.163</SECTNO> <SUBJECT>Minor modifications to existing stations.</SUBJECT> Licensees may make modifications to existing stations without obtaining prior Commission approval provided: (a) <E T="03">Classification as minor</E>. 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 § 22.123. (b) <E T="03">International coordination</E>. 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) <E T="03">Antenna structure clearance required</E>. For any construction or alteration that would exceed the requirements of § 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) <E T="03">Provision of information upon request</E>. 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 § 22.303. (e) <E T="03">Notification required for modifications affecting CGSA</E>. 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 § 22.953(a)(5) (i) through (iii). If the modification involves a contract service area boundary (SAB) extension (see § 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 § 22.106) <PRTPAGE P="119"/>no later than 15 days after the modification is made. </SECTION> <SECTION> <SECTNO>§ 22.165</SECTNO> <SUBJECT>Additional transmitters for existing systems.</SUBJECT> 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) <E T="03">International coordination</E>. 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) <E T="03">Antenna structure clearance required</E>. For any construction or alteration that would exceed the requirements of § 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) <E T="03">Environmental</E>. The additional transmitters must not have a significant environmental effect as defined by §§ 1.1301 through 1.1319 of this chapter. (d) <E T="03">Paging and Radiotelephone Service</E>. 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 § 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) <E T="03">Cellular Radiotelephone Service.</E> During the five year build-out period, the service area boundaries of the additional transmitters, as calculated by the method set forth in § 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 § 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 § 22.953(a)(5) (i) through (iii). If the addition of transmitters involves a contract service area boundary (SAB) extension (see § 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 § 22.106) no later than 15 days after the addition is made. (f) <E T="03">Air-ground Radiotelephone Service.</E> Ground stations may be added to Commercial Aviation air-ground systems at previously established ground station locations, pursuant to § 22.859, subject to compliance with the applicable technical rules. This section does not apply to General Aviation air-ground stations. (g) <E T="03">Rural Radiotelephone Service.</E> 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.<PRTPAGE P="120"/> (h) <E T="03">Offshore Radiotelephone Service.</E> This section does not apply to stations in the Offshore Radiotelephone Service. (i) <E T="03">Provision of information upon request.</E> 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 § 22.303. <CITA>[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994; as amended at 62 FR 11629, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.169</SECTNO> <SUBJECT>International coordination of channel assignments.</SUBJECT> 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. </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Competitive Bidding Procedures</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> 62 FR 11629, Mar. 12, 1997, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 22.201</SECTNO> <SUBJECT>Scope of competitive bidding rules.</SUBJECT> 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]. </SECTION> <SECTION> <SECTNO>§ 22.203</SECTNO> <SUBJECT>Competitive bidding design for paging licensing.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.205</SECTNO> <SUBJECT>Competitive bidding mechanisms.</SUBJECT> (a) <E T="03">Sequencing.</E> The FCC will establish and may vary the sequence in which paging geographic area authorizations are auctioned. (b) <E T="03">Grouping.</E> The FCC will determine which licenses will be auctioned simultaneously or in combination based on interdependency and administrative circumstances. (c) <E T="03">Minimum Bid Increments.</E> The FCC may, by public announcement before or during an auction, require minimum bid increments in dollar or percentage terms. (d) <E T="03">Stopping Rules.</E> The FCC may establish stopping rules before or during an auction in order to terminate the auction within a reasonable time. (e) <E T="03">Activity Rules.</E> 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. </SECTION> <SECTION> <SECTNO>§ 22.207</SECTNO> <SUBJECT>Withdrawal, default, and disqualification payments.</SUBJECT> 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 §§ 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. </SECTION> <SECTION> <SECTNO>§ 22.209</SECTNO> <SUBJECT>Bidding applications (FCC Form 175 and 175-S Short-form).</SUBJECT> 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 § 1.2105 of this chapter. </SECTION> <SECTION> <PRTPAGE P="121"/> <SECTNO>§ 22.211</SECTNO> <SUBJECT>Submission of upfront payments and down payments.</SUBJECT> (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 § 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. </SECTION> <SECTION> <SECTNO>§ 22.213</SECTNO> <SUBJECT>Long-form applications (FCC Form 600).</SUBJECT> 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 § 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 § 22.221. </SECTION> <SECTION> <SECTNO>§ 22.215</SECTNO> <SUBJECT>Authorization grant, denial, default, and disqualification.</SUBJECT> (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 § 22.207, § 1.2104(g), or § 1.2109 of this chapter, as applicable. </SECTION> <SECTION> <SECTNO>§ 22.217</SECTNO> <SUBJECT>Bidding credits for small businesses.</SUBJECT> (a) A winning bidder that qualifies as a small business or a consortium of small businesses as defined in § 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 § 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 § 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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 22.219</SECTNO> <SUBJECT>Installment payments for licenses won by small businesses.</SUBJECT> (a) Each licensee that qualifies as a small business under § 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. </SECTION> <SECTION> <SECTNO>§ 22.221</SECTNO> <SUBJECT>Eligibility for partitioned licenses.</SUBJECT> 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 (<E T="03">see</E> 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 § 22.137. </SECTION> <SECTION> <SECTNO>§ 22.223</SECTNO> <SUBJECT>Definitions concerning competitive bidding process.</SUBJECT> (a) <E T="03">Scope.</E> The definitions in this section apply to §§ 22.201 through 22.227, unless otherwise specified in those sections. (b) <E T="03">Small business; consortium of small businesses.</E> (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<PRTPAGE P="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) <E T="03">Gross Revenues.</E> 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 T="03">e.g.,</E> 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) <E T="03">Affiliate.</E>—(1) <E T="03">Basis for Affiliation.</E> 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) <E T="03">Nature of control in determining affiliation.</E> (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. <E T="03">Example for paragraph (d)(2)(i).</E> 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. <E T="03">Example for paragraph (d)(2)(iii).</E> 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 <PRTPAGE P="124"/>other entity are controlling principals of the applicant, the other entity will be deemed an affiliate of the applicant. (3) <E T="03">Identity of interest between and among persons.</E> 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) <E T="03">Spousal affiliation.</E> 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) <E T="03">Kinship affiliation.</E> 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. <E T="03">Example for paragraph (d)(3)(ii).</E> 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) <E T="03">Affiliation through stock ownership.</E> (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) <E T="03">Affiliation arising under stock options, convertible debentures, and agreements to merge.</E> 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. <E T="03">Example 1 for paragraph (d)(5).</E> 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. <E T="03">Example 2 for paragraph (d)(5).</E> 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 <PRTPAGE P="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. <E T="03">Example 3 for paragraph (d)(5).</E> 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) <E T="03">Affiliation under voting trusts.</E> (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) <E T="03">Affiliation through common management.</E> 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) <E T="03">Affiliation through common facilities.</E> 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) <E T="03">Affiliation through contractual relationships.</E> 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) <E T="03">Affiliation under joint venture arrangements.</E> (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. </SECTION> <SECTION> <SECTNO>§ 22.225</SECTNO> <SUBJECT>Certifications, disclosures, records maintenance and audits.</SUBJECT> (a) <E T="03">Short-form applications: certifications and disclosure.</E> 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 § 22.223. (b) <E T="03">Long form applications: certifications and disclosure.</E> Each applicant submitting a long-form application for a paging geographic area authorization <PRTPAGE P="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 § 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 §§ 22.217 through 22.223, including the establishment of <E T="03">de facto</E> and <E T="03">de jure</E> 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) <E T="03">Records maintenance.</E> 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 § 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) <E T="03">Audits.</E> (1) Applicants and licensees claiming eligibility as a small business or consortium of small businesses under §§ 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) <E T="03">Definitions.</E> The terms affiliate, small business, consortium of small businesses, and gross revenues, used in this section are defined in § 22.223. </SECTION> <SECTION> <SECTNO>§ 22.227</SECTNO> <SUBJECT>Petitions to deny and limitations on settlements.</SUBJECT> (a) Procedures regarding petitions to deny long-form applications in the paging service will be governed by §§ 1.2108(b) through 1.2108(d) of this chapter, § 22.130, and § 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 § 22.129, § 90.162, and § 1.2105(c) of this chapter. </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Operational and Technical Requirements</HD> <SUBJGRP> <HD SOURCE="HED">Operational Requirements</HD> <SECTION> <SECTNO>§ 22.301</SECTNO> <SUBJECT>Station inspection.</SUBJECT> 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. <CITA>[59 FR 59955, Nov. 21, 1994]</CITA> </SECTION> <SECTION> <PRTPAGE P="127"/> <SECTNO>§ 22.303</SECTNO> <SUBJECT>Retention of station authorizations; identifying transmitters.</SUBJECT> The current authorization for each station, together with current administrative and technical information concerning modifications to facilities pursuant to § 22.163 and added facilities pursuant to § 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. </SECTION> <SECTION> <SECTNO>§ 22.305</SECTNO> <SUBJECT>Operator and maintenance requirements.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.307</SECTNO> <SUBJECT>Operation during emergency.</SUBJECT> 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) <E T="03">Technical limitations.</E> 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) <E T="03">Discontinuance.</E> 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. </SECTION> <SECTION> <SECTNO>§ 22.313</SECTNO> <SUBJECT>Station identification.</SUBJECT> 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 <PRTPAGE P="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. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59955, Nov. 21, 1994; 62 FR 11633, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.315</SECTNO> <SUBJECT>Duty to respond to official communications.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.317</SECTNO> <SUBJECT>Discontinuance of station operation.</SUBJECT> 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. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.321</SECTNO> <SUBJECT>Equal employment opportunities.</SUBJECT> 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) <E T="03">Equal employment opportunity program.</E> 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.<PRTPAGE P="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) <E T="03">To assure nondiscrimination in recruiting.</E> (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) <E T="03">To assure nondiscrimination in selection and hiring.</E> (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) <E T="03">To assure nondiscriminatory placement and promotion.</E> (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) <E T="03">To assure nondiscrimination in other areas of employment practices.</E> (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 <PRTPAGE P="130"/>discriminate against qualified minority groups or female employees. (b) <E T="03">EEO statement.</E> 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). <EXTRACT> <E T="04">Note</E> to paragraph (b) of § 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. </EXTRACT> (c) <E T="03">Report of complaints filed against licensees.</E> 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) <E T="03">Complaints of violations of Equal Employment Programs.</E> 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 § 1.815(a) of this chapter are investigated by the FCC. (e) <E T="03">FCC records.</E> 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) <E T="03">Licensee records.</E> Each licensee required to file annual employment reports (pursuant to § 1.815(a) of this chapter), equal employment opportunity program statements, and annual reports on complaints regarding violations of equal employment provisions <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 22.323</SECTNO> <SUBJECT>Incidental communication services.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.325</SECTNO> <SUBJECT>Control points.</SUBJECT> 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. </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Technical Requirements</HD> <SECTION> <SECTNO>§ 22.351</SECTNO> <SUBJECT>Channel assignment policy.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 22.352</SECTNO> <SUBJECT>Protection from interference.</SUBJECT> 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) <E T="03">Failure to operate as authorized.</E> 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) <E T="03">Intermodulation interference.</E> Licensees should attempt to resolve such interference by technical means. (c) <E T="03">Situations in which no protection is afforded.</E> Except as provided elsewhere in this part, no protection from interference is afforded in the following situations:<PRTPAGE P="132"/> (1) <E T="03">Interference to base receivers from base or fixed transmitters.</E> Licensees should attempt to resolve such interference by technical means or operating arrangements. (2) <E T="03">Inteference to mobile receivers from mobile transmitters.</E> No protection is provided against mobile-to-mobile interference. (3) <E T="03">Interference to base receivers from mobile transmitters.</E> No protection is provided against mobile-to-base interference. (4) <E T="03">Interference to fixed stations.</E> Licensees should attempt to resolve such interference by technical means or operating arrangements. (5) <E T="03">Anomalous or infrequent propagation modes.</E> No protection is provided against interference caused by tropospheric and ionospheric propagation of signals. (6) <E T="03">Facilities for which the FCC not notified.</E> No protection is provided against interference to the service of any additional or modified transmitter operating pursuant to § 22.163 or § 22.165, unless and until the licensee notifies the FCC (FCC Form 489) of the additional or modified transmitter. (7) <E T="03">In-building radiation systems.</E> No protection is provided against interference to the service of in-building radiation systems (see § 22.383). <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11633, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.353</SECTNO> <SUBJECT>Blanketing interference.</SUBJECT> 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 dBμV/m. To determine the radial distance to the boundary of this area, the following formula must be used: <MATH DEEP="16" SPAN="1"> <MID>ER17NO94.007</MID> </MATH> <FP SOURCE="FP-2">where d is the radial distance to the boundary, in kilometers</FP> <FP SOURCE="FP-2">p is the radial effective radiated power, in kilowatts</FP> <FP>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.</FP> (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. </SECTION> <SECTION> <SECTNO>§ 22.355</SECTNO> <SUBJECT>Frequency tolerance.</SUBJECT> 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.<PRTPAGE P="133"/> <GPOTABLE CDEF="s10,10,10,10" COLS="4" OPTS="L2,i1"> <TTITLE>Table C-1.—Frequency Tolerance for Transmitters in the Public Mobile Services</TTITLE> <BOXHD> <CHED H="1">Frequency range (MHz)</CHED> <CHED H="1">Base, fixed<LI>(ppm)</LI> </CHED> <CHED H="1">Mobile <E T="51">≤</E>3 watts<LI>(ppm)</LI> </CHED> <CHED H="1">Mobile <LI> <E T="61"><</E>=3 watts</LI> <LI>(ppm)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">25 to 50 </ENT> <ENT>20.0 </ENT> <ENT>20.0 </ENT> <ENT>50.0</ENT> </ROW> <ROW> <ENT I="01">50 to 450 </ENT> <ENT>5.0 </ENT> <ENT>5.0 </ENT> <ENT>50.0</ENT> </ROW> <ROW> <ENT I="01">450 to 512 </ENT> <ENT>2.5 </ENT> <ENT>5.0 </ENT> <ENT>5.0</ENT> </ROW> <ROW> <ENT I="01">821 to 896 </ENT> <ENT>1.5 </ENT> <ENT>2.5 </ENT> <ENT>2.5</ENT> </ROW> <ROW> <ENT I="01">928 to 929 </ENT> <ENT>5.0 </ENT> <ENT>n/a </ENT> <ENT>n/a</ENT> </ROW> <ROW> <ENT I="01">929 to 960 </ENT> <ENT>1.5 </ENT> <ENT>n/a </ENT> <ENT>n/a</ENT> </ROW> <ROW> <ENT I="01">2110 to 2220 </ENT> <ENT>10.0 </ENT> <ENT>n/a </ENT> <ENT>n/a </ENT> </ROW> </GPOTABLE> <CITA>[61 FR 54099, Oct. 17, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.357</SECTNO> <SUBJECT>Emission types.</SUBJECT> 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 §§ 22.359, 22.861 and 22.917. <CITA>[61 FR 54099, Oct. 17, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.359</SECTNO> <SUBJECT>Emission masks.</SUBJECT> Unless otherwise indicated in the rules governing a specific radio service, all transmitters intended for use in the Public Mobile Services must be designed to comply with the emission masks outlined in this section. If an emission outside of the authorized bandwidth causes harmful interference, the FCC may, at its discretion, require greater attenuation than specified in this section. (a) <E T="03">Analog modulation.</E> For transmitters other than those employing digital modulation techniques, the mean or peak envelope power of adjacent channel emissions must be attenuated below the output mean or peak envelope power of the total emission (P, in Watts) in accordance with the following schedule: (1) On any frequency removed from the center frequency of the assigned channel by more than 50 percent up to and including 100 percent of the authorized bandwidth: <FP>at least 25 dB:</FP> (2) On any frequency removed from the center frequency of the assigned channel by more than 100 percent up to and including 250 percent of the authorized bandwidth: <FP>at least 35 dB:</FP> (3) On any frequency removed from the center frequency of the assigned channel by more than 250 percent of the authorized bandwidth: <FP>at least 43 + 10 log P dB, or 80 dB, whichever is the lesser attenuation.</FP> (b) <E T="03">Digital modulation.</E> For transmitters not equipped with an audio low pass filter and for transmitters employing digital modulation techniques, the mean or peak envelope power of sideband emissions must be attenuated below the mean or peak envelope power of the total emission (P, in Watts) in accordance with the following schedule: (1) For transmitters that operate in the frequency ranges 35 to 44 MHz, 72 to 73 MHz, 75.4 to 76.0 MHz and 152 to 159 MHz, (i) On any frequency removed from the center frequency of the assigned channel by a displacement frequency f<E T="52">d</E> (in kHz) of more than 5 kHz but not more than 10 kHz: <FP>at least 83 log (f<E T="52">d</E>÷5) dB;</FP> (ii) On any frequency removed from the center frequency of the assigned channel by a displacement frequency f<E T="52">d</E> (in kHz) of more than 10 kHz but not more than 250 percent of the authorized bandwidth: <FP>at least 29 log f<E T="52">d</E>2÷11) dB or 50 dB, whichever is the lesser attenuation;</FP> (iii) On any frequency removed from the center frequency of the assigned channel by more than 250 percent of the authorized bandwidth: <FP>at least 43 + 10 log P dB, or 80 dB, whichever is the lesser attenuation.</FP> (2) For transmitters that operate in the frequency ranges 450 to 512 MHz and 929 to 932 MHz, (i) On any frequency removed from the center frequency of the assigned channel by a displacement frequency f<E T="52">d</E> (in kHz) of more than 5 kHz but not more than 10 kHz: <FP>at least 83 log (f<E T="52">d</E>÷5) dB;</FP> (ii) On any frequency removed from the center frequency of the assigned channel by a displacement frequency f<E T="52">d</E> (in kHz) of more than 10 kHz but not more than 250 percent of the authorized bandwidth:<PRTPAGE P="134"/> <FP>at least 116 log (f<E T="52">d</E>÷6.1) dB, or 50 + 10 log P dB, or 70 dB, whichever is the lesser attenuation;</FP> (iii) On any frequency removed from the center frequency of the assigned channel by more than 250 percent of the authorized bandwidth: <FP>at least 43 + 10 log P dB, or 80 dB, whichever is the lesser attenuation.</FP> (c) <E T="03">Measurement procedure.</E> Either peak or average power may be used, provided that the same technique is used for both the adjacent channel or sideband emissions and the total emission. The resolution bandwidth of the measuring instrument must be set to 300 Hz for measurements on any frequency removed from the center frequency of the assigned channel by no more than 250 percent of the authorized bandwidth and 30 kHz for measurements on any frequency removed from the center frequency of the assigned channel by more than 250 percent of the authorized bandwidth. </SECTION> <SECTION> <SECTNO>§ 22.361</SECTNO> <SUBJECT>Standby facilities.</SUBJECT> Licensees of stations in the Public Mobile Services may install standby transmitters for the purpose of continuing service in the event of failure or during required maintenance of regular transmitters without obtaining separate authorization, provided that operation of the standby transmitters would not increase the service areas or interference potential of the stations, and that such standby transmitters use the same antenna as the regular transmitters they temporarily replace. <GPOTABLE CDEF="xl50,10,11" COLS="3" OPTS="L2,i1"> <TTITLE>Table C-2.—Technical Requirements for Directional Antennas</TTITLE> <BOXHD> <CHED H="1">Frequency range</CHED> <CHED H="1">Maximum beamwidth</CHED> <CHED H="1">Suppression</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01">35 to 512 MHz </ENT> <ENT>80° </ENT> <ENT>10 dB</ENT> </ROW> <ROW RUL="s"> <ENT I="01">512 to 1500 MHz </ENT> <ENT>20° </ENT> <ENT>13 dB</ENT> </ROW> <ROW> <ENT I="01">1500 to 2500 MHz </ENT> <ENT>12° </ENT> <ENT>13 dB</ENT> </ROW> </GPOTABLE> <CITA>[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.363</SECTNO> <SUBJECT>Directional antennas.</SUBJECT> Fixed transmitters for point-to-point operation must use a directional transmitting antenna with the major lobe of radiation in the horizontal plane directed toward the receiving antenna or passive reflector of the station for which the transmissions are intended. Directional antennas used in the Public Mobile Services must meet the technical requirements given in Table C-2 to § 22.361. (a) Maximum beamwidth is for the major lobe at the half power points. (b) Suppression is the minimum attenuation for any secondary lobe referenced to the main lobe. (c) An omnidirectional antenna may be used for fixed transmitters where there are two or more receive locations at different azimuths. </SECTION> <SECTION> <SECTNO>§ 22.365</SECTNO> <SUBJECT>Antenna structures; air navigation safety.</SUBJECT> Licensees that own their antenna structures must not allow these antenna structures to become a hazard to air navigation. In general, antenna structure owners are responsible for registering antenna structures with the FCC if required by part 17 of this chapter, and for installing and maintaining any required marking and lighting. However, in the event of default of this responsibility by an antenna structure owner, each FCC permittee or licensee authorized to use an affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure continues to meet the requirements of part 17 of this chapter. See § 17.6 of this chapter. (a) <E T="03">Marking and lighting.</E> Antenna structures must be marked, lighted and maintained in accordance with Part 17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration. (b) <E T="03">Maintenance contracts.</E> Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) may enter into contracts with other entities to monitor and carry out necessary maintenance of antenna structures. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) that make such contractual arrangements continue to be responsible for the maintenance of antenna structures in regard to air navigation safety. <CITA>[61 FR 4365, Feb. 6, 1996]</CITA> </SECTION> <SECTION> <PRTPAGE P="135"/> <SECTNO>§ 22.367</SECTNO> <SUBJECT>Wave polarization.</SUBJECT> Public mobile station antennas must be of the correct type and properly installed such that the electromagnetic emissions have the polarization required by this section. (a) <E T="03">Vertical.</E> Waves radiated by the following must be vertically polarized: (1) Base, mobile, dispatch, and auxiliary test transmitters in the Paging and Radiotelephone Service; (2) Transmitters in the Offshore Radiotelephone Service; (3) Transmitters on channels in the 72-76 MHz frequency range; (4) Base, mobile and auxiliary test transmitters in the Cellular Radiotelephone Service; (5) Control and repeater transmitters on channels in the 900-960 MHz frequency range; (6) Rural subscriber stations communicating with base transmitters in the Paging and Radiotelephone Service pursuant to § 22.563. (7) Ground and airborne mobile transmitters in the Air-ground Radiotelephone Service. (b) <E T="03">Horizontal.</E> Waves radiated by transmitters in the Public Mobile Services, other than transmitters required by paragraph (a) of this section to radiate a vertically polarized wave must be horizontally polarized, except as otherwise provided in paragraphs (c) and (d) of this section. (c) <E T="03">Circular.</E> If communications efficiency would be improved and/or interference reduced, the FCC may authorize transmitters other than those listed in paragraphs (a)(1) through (a)(7) of this section to radiate a circularly polarized wave. (d) <E T="03">Any polarization.</E> Public Land Mobile stations transmitting on channels higher than 960 MHz are not limited as to wave polarization. </SECTION> <SECTION> <SECTNO>§ 22.369</SECTNO> <SUBJECT>Quiet zones and Arecibo Coordination Zone.</SUBJECT> 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 interference. The areas involved and procedures required are as follows: (a) <E T="03">NRAO, NRRO.</E> The requirements of this paragraph are intended to minimize possible 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. (1) Carriers planning to construct and operate a new or modified Public Mobile Services station at a permanent fixed location within the area bounded by N.39°15prime; on the north, W.78°30prime; on the east, N.37°30prime; on the south, and W.80°30prime; on the west must notify the Director, National Radio Astronomy Observatory, Post Office Box No. 2, Green Bank, West Virginia 24944, in writing, of the technical details of the proposed operation. The notification must include the geographical coordinates of the antenna location, the antenna height, antenna directivity (if any), the channel, the emission type and power. (2) When an application for authority to operate a station is filed with the FCC, the notification required in paragraph (a)(1) of this section should be sent at the same time. The application must state the date that notification in accordance with paragraph (a)(1) of this section was made. After receipt of such applications, the FCC will allow a period of 20 days for comments or objections in response to the notifications indicated. (3) If an objection 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 FCC will, after consideration of the record, take whatever action is deemed appropriate. (b) <E T="03">Table Mountain.</E> The requirements of this paragraph are intended to minimize possible interference at the Table Mountain Radio Receiving Zone of the Research Laboratories of the Department of Commerce located in Boulder County, Colorado. (1) Carriers planning to construct and operate a new or modified Public Mobile Services station at a permanent fixed location in the vicinity of Boulder County, Colorado are advised to give consideration, prior to filing applications, to the need to protect the Table Mountain Radio Receiving Zone <PRTPAGE P="136"/>from interference. To prevent degradation of the 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 1800 acre site (in the vicinity of coordinates 40°07prime;50Prime; North Latitude, 105°14prime;40Prime; West Longitude) resulting from new assignments (other than mobile stations) or from the modification or relocation of existing facilities do not exceed the values given in Table C-3 of this section. <GPOTABLE CDEF="s100,xs60,xs60" COLS="3" OPTS="L2,i1"> <TTITLE>Table C-3.—Field Strength Limits for Table Mountain</TTITLE> <BOXHD> <CHED H="1">Frequency range</CHED> <CHED H="1">Field strength</CHED> <CHED H="1">Power flux density</CHED> </BOXHD> <ROW> <ENT I="01">1.6 to 470 MHz</ENT> <ENT>10 mV/m</ENT> <ENT>−65.8 dBW/m<E T="51">2</E> </ENT> </ROW> <ROW> <ENT I="01">470 to 890 MHz</ENT> <ENT>30 mV/m</ENT> <ENT>−56.2 dBW/m<E T="51">2</E> </ENT> </ROW> <ROW> <ENT I="01">890 to 3000 MHz</ENT> <ENT>1 mV/m</ENT> <ENT>−85.8 dBW/m<E T="51">2</E> </ENT> </ROW> <TNOTE> <E T="02">Note:</E> Equivalent values of power flux density are calculated assuming free space characteristic impedance of 376.7 <E T="61">Ω</E> (120<E T="61">πΩ</E>).</TNOTE> </GPOTABLE> (2) Advance consultation is recommended, particularly for applicants that have no reliable data to indicate whether the field strength or power flux density figures in the above table would be exceeded by their proposed radio facilities. In general, coordination is recommended for: (i) Stations located within 2.4 kilometers (1.5 miles); (ii) Stations located within 4.8 kilometers (3 miles) transmitting with 50 watts or more effective radiated power (ERP) in the primary plane of polarization in the azimuthal direction of the Table Mountain Radio Receiving Zone; (iii) Stations located with 16 kilometers (10 miles) transmitting with 1 kW or more ERP in the primary plane of polarization in the azimuthal direction of Table Mountain Radio Receiving Zone; (iv) Stations located within 80 kilometers (50 miles) transmitting with 25 kW or more ERP in the primary plane of polarization in the azimuthal direction of Table Mountain Receiving Zone. (3) Applicants concerned are urged to communicate with the Radio Frequency Management Coordinator, Department of Commerce, Research Support Services NOAAR/E5X2, Boulder Laboratories, Boulder, CO 80303; telephone (303) 497-6548, in advance of filing their applications with the FCC. (4) The FCC will not screen applications to determine whether advance consultation has taken place. However, such consultation may avoid the filing of objections from the Department of Commerce or institution of proceedings to modify the authorizations of stations that radiate signals with a field strength or power flux density at the site in excess of those specified herein. (c) <E T="03">Federal Communications Commission protected field offices.</E> The requirements of this paragraph are intended to minimize possible interference to FCC monitoring activities. (1) Carriers planning to construct and operate a new or modified Public Mobile Services station at a permanent fixed location in the vicinity of an FCC protected field office are advised to give consideration, prior to filing applications, to the need to avoid interfering with the monitoring activities of that office. FCC protected field offices are listed in § 0.121 of this chapter. (2) Applications for stations (except mobile stations) that could produce on any channel a direct wave fundamental field strength of greater than 10 mV/m (−65.8 dBW/m<SU>2</SU> power flux density assuming a free space characteristic impedance of 120<E T="61">p</E> <E T="61">Ω</E>) in the authorized bandwidth at the protected field office may be examined to determine the potential for interference with monitoring activities. After consideration of the effects of the predicted field strength of the proposed station, including the cumulative effects of the signal from the proposed station with other ambient radio field strength levels at the protected field office, the FCC may add a condition restricting radiation toward the protected field office to the station authorization.<PRTPAGE P="137"/> (3) In the event that the calculated field strength exceeds 10 mV/m at the protected field office site, or if there is any question whether field strength levels might exceed that level, advance consultation with the FCC to discuss possible measures to avoid interference to monitoring activities should be considered. Prospective applicants may communicate with: Chief, Compliance and Information Bureau, Federal Communications Commission, Washington, DC 20554. (4) Advance consultation is recommended for applicants that have no reliable data to indicate whether the field strength or power flux density figure indicated would be exceeded by their proposed radio facilities. In general, coordination is recommended for: (i) Stations located within 2.4 kilometers (1.5 miles); (ii) Stations located 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 protected field offices. (iii) Stations located within 16 kilometers (10 miles) with 1 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the protected field office; (iv) Stations located within 80 kilometers (50 miles) with 25 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the protected field office; (5) Advance coordination for stations transmitting on channels above 1000 MHz is recommended only if the proposed station is in the vicinity of a protected field office designated as a satellite monitoring facility in § 0.121 of this chapter. (6) The FCC will not screen applications to determine whether advance consultation has taken place. However, such consultation may serve to avoid the need for later modification of the authorizations of stations that interfere with monitoring activities at protected field offices. (d) <E T="03">Arecibo, Puerto Rico</E>. The requirements of this paragraph are intended to minimize possible interference at the Arecibo Observatory in Puerto Rico. Licensees must make reasonable efforts to protect the Observatory from interference. (1) Carriers planning to construct and operate a new Public Mobile Services station at a permanent fixed location on the islands of Puerto Rico, Desecheo, Mona, Vieques or Culebra in services in which individual station licenses are issued by the FCC; planning to construct and operate a new Public Mobile Services station at a permanent fixed location on these islands that may cause interference to the operations of the Arecibo Observatory in services in which individual station licenses are not issued by the FCC; or planning a modification of any existing Public Mobile Services station at a permanent fixed location on these islands that would increase the likelihood of causing interference to the operations of the Arecibo Observatory must notify the Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in writing or electronically (e-mail address: prcz@naic.edu), of the technical parameters of the planned operation. Carriers may wish to use the interference guidelines provided by Cornell University as guidance in designing facilities to avoid interference to the Observatory. The notification must include identification of the geographical coordinates of the antenna location (NAD-83 datum), the antenna height, antenna directivity (if any), proposed channel and FCC rule part, type of emission, and effective isotropic radiated power. (2) In services in which individual station licenses are issued by the FCC, the notification required in paragraph (d)(1) of this section should be sent at the same time the application is filed with the FCC, and at least 20 days in advance of the applicant's planned operation. The application must state the date that notification in accordance with paragraph (d)(1) was made. In services in which individual station licenses are not issued by the FCC, the notification required in paragraph (d)(1) of this section should be sent at least 45 days in advance of the applicant's planned operation. In the latter services, the Interference Office must inform the FCC of a notification by an applicant within 20 days if the Office plans to file comments or objections to <PRTPAGE P="138"/>the notification. After the FCC receives an application from a service applicant or is informed by the Interference Office of a notification from a service applicant, the FCC will allow the Interference Office a period of 20 days for comments or objections in response to the application or notification. (3) If an objection to any planned service operation is received during the 20-day period from the Interference Office, the FCC will take whatever action is deemed appropriate. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 8477, Mar. 5, 1996; 61 FR 54099, Oct. 17, 1996; 62 FR 55530, Oct. 27, 1997; 63 FR 41202, Aug. 3, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.371</SECTNO> <SUBJECT>Disturbance of AM broadcast station antenna patterns.</SUBJECT> Public Mobile Service licensees that construct or modify towers in the immediate vicinity of AM broadcast stations are responsible for measures necessary to correct disturbance of the AM station antenna pattern which causes operation outside of the radiation parameters specified by the FCC for the AM station, if the disturbance occurred as a result of such construction or modification. (a) <E T="03">Non-directional AM stations.</E> If tower construction or modification is planned within 1 kilometer (0.6 mile) of a non-directional AM broadcast station tower, the Public Mobile Service licensee must notify the licensee of the AM broadcast station in advance of the planned construction or modification. Measurements must be made to determine whether the construction or modification affected the AM station antenna pattern. The Public Mobile Service licensee is responsible for the installation and continued maintenance of any detuning apparatus necessary to restore proper non-directional performance of the AM station tower. (b) <E T="03">Directional AM stations.</E> If tower construction or modification is planned within 3 kilometers (1.9 miles) of a directional AM broadcast station array, the Public Mobile Service licensee must notify the licensee of the AM broadcast station in advance of the planned construction or modification. Measurements must be made to determine whether the construction or modification affected the AM station antenna pattern. The Public Mobile Service licensee is responsible for the installation and continued maintenance of any detuning apparatus necessary to restore proper performance of the AM station array. </SECTION> <SECTION> <SECTNO>§ 22.373</SECTNO> <SUBJECT>Access to transmitters.</SUBJECT> Unless otherwise provided in this part, the design and installation of transmitters in the Public Mobile Services must meet the requirements of this section. (a) Transmitters and control points, other than those used with in-building radiation systems, must be installed such that they are readily accessible only to persons authorized by the licensee to operate or service them. (b) Transmitters must be designed and installed such that any adjustments or controls that could cause the transmitter to deviate from its authorized operating parameters are readily accessible only to persons authorized by the licensee to make such adjustments. (c) Transmitters (other than hand-carried or pack-carried mobile transmitters) and control points must be equipped with a means of indicating when the control circuitry has been put in a condition that should cause the transmitter to radiate. (d) Transmitters must be designed such that they can be turned off independently of any remote control circuits. (e) Transmitters used with in-building radiation systems must be installed such that, to the extent possible, they are readily accessible only to persons authorized by the licensee to access them. (f) Transmitters used with in-building radiation systems must be designed such that, in the event an unauthorized person does gain access, that person can not cause the transmitter to deviate from its authorized operating parameters in such a way as to cause interference to other stations. </SECTION> <SECTION> <SECTNO>§ 22.377</SECTNO> <SUBJECT>Certification of transmitters.</SUBJECT> Except as provided in paragraph (b) of this section, transmitters used in the Public Mobile Services, including <PRTPAGE P="139"/>those used with signal boosters, in-building radiation systems and cellular repeaters, must be certificated for use in the radio services regulated under this part. Transmitters must be certificated when the station is ready for service, not necessarily at the time of filing an application. (a) The FCC may list as certificated only transmitters that are capable of meeting all technical requirements of the rules governing the service in which they will operate. The procedure for obtaining certification is set forth in part 2 of this chapter. (b) Transmitters operating under a developmental authorization (see subpart D of this part) do not have to be certificated. (c) In addition to the technical standards contained in this part, transmitters intended for operation in the Cellular Radiotelephone Service must be designed to comply with the technical requirements contained in the cellular system compatibility specification (see § 22.933) and the electronic serial number rule (see § 22.919). <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996; 63 FR 36603, July 7, 1998.]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 63 FR 36603, July 7, 1998, § 22.377 was amended by removing paragraph (c) and redesignating paragraph (d) as paragraph (c); by removing the term “type-acceptance” from the section and the heading, and replacing it with “certification”; and by removing the term “type-accepted” and replacing it with “certificated”, effective Oct. 5, 1998. For the convenience of the user, the superseded text is set forth as follows: <SUPERSED> <SECTION> <SECTNO>§ 22.377</SECTNO> <SUBJECT>Type-acceptance of transmitters.</SUBJECT> <STARS/> (c) Type-accepted transmitters are listed in the FCC's “Radio Equipment List,” which is available for public inspection at the FCC in Washington, DC, and its field offices.<STARS/> </SECTION> <SECTION> <SECTNO>§ 22.379</SECTNO> <SUBJECT>Replacement of equipment.</SUBJECT> Licensees may replace any equipment in Public Mobile Service stations without applying for authorization or notifying the FCC, provided that: (a) If a transmitter is replaced, the replacement transmitter must be certificated for use in the Public Mobile Services; (b) The antenna structure must not become a hazard to air navigation and its height must not be not increased; (c) The interference potential of the station must not be increased; (d) The Effective radiated power, emission type, antenna radiation pattern and center of radiation height above average terrain are not changed. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 36603, July 7, 1998]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> At 63 FR 36603, July 7, 1998, § 22.379 was amended by removing the term “type-accepted” and replacing it with “certificated”, effective Oct. 5, 1998. </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 22.381</SECTNO> <SUBJECT>Auxiliary test transmitters.</SUBJECT> Auxiliary test transmitters may be used only for testing the performance of fixed receiving equipment located remotely from the control point. Auxiliary test transmitters may transmit only on channels designated for mobile transmitters. </SECTION> <SECTION> <SECTNO>§ 22.383</SECTNO> <SUBJECT>In-building radiation systems.</SUBJECT> Licensees may install and operate in-building radiation systems without applying for authorization or notifying the FCC, provided that the locations of the in-building radiation systems are within the protected service area of the licensee's authorized transmitter(s) on the same channel or channel block. </SECTION> <SUBPART> <HD SOURCE="HED">Subpart D—Developmental Authorizations</HD> <SECTION> <SECTNO>§ 22.401</SECTNO> <SUBJECT>Description and purposes of developmental authorizations.</SUBJECT> Communications common carriers may apply for, and the FCC may grant, authority to construct and operate one or more transmitters subject to the rules in this subpart and other limitations, waivers and/or conditions that may be prescribed. Authorizations granted on this basis are developmental authorizations. In general, the FCC grants developmental authorizations in situations and circumstances where it cannot reasonably be determined in advance whether a particular transmitter can be operated or a particular service can be provided without causing interference to the service of <PRTPAGE P="140"/>existing stations. For example, the FCC may grant developmental authorizations for: (a) Field strength surveys to evaluate the technical suitability of antenna locations for stations in the Public Mobile Services; (b) Experimentation leading to the potential development of a new Public Mobile Service or technology; or, (c) Stations transmitting on channels in certain frequency ranges, to provide a trial period during which it can be individually determined whether such stations can operate without causing excessive interference to existing services. </SECTION> <SECTION> <SECTNO>§ 22.403</SECTNO> <SUBJECT>General limitations.</SUBJECT> The provisions and requirements of this section are applicable to all developmental authorizations. (a) Developmental authorizations are granted subject to the condition that they may be cancelled by the FCC at any time, upon notice to the licensee, and without the opportunity for a hearing. (b) Except as otherwise indicated in this subpart, developmental authorizations normally terminate one year from the date of grant. The FCC may, however, specify a different term. (c) Stations operating under developmental authorizations must not interfere with the services of regularly authorized stations. (d) A grant of a developmental authorization does not provide any assurance that the FCC will grant an application for regular authorization to operate the same transmitter(s), even if operation during the developmental period has not caused interference and/or the developmental program is successful. </SECTION> <SECTION> <SECTNO>§ 22.409</SECTNO> <SUBJECT>Developmental authorization for a new Public Mobile Service or technology.</SUBJECT> The FCC may grant applications for developmental authority to construct and operate transmitters for the purpose of developing a new Public Mobile Service or a new technology not regularly authorized under this part, subject to the requirements of this section. Such applications may request the use of any portion of the spectrum allocated for Public Mobile Services in the Table of Frequency Allocations contained in part 2 of this chapter, regardless of whether that spectrum is regularly available under this part. Requests to use any portion of the spectrum for a service or purpose other than that indicated in the Table of Frequency Allocations in part 2 of this chapter may be made only in accordance with the provisions of part 5 of this chapter. (a) <E T="03">Preliminary determination.</E> The FCC will make a preliminary determination with respect to the factors in paragraphs (a)(1) through (a)(3) of this section before acting on an application for developmental authority pursuant to this section. These factors are: (1) That the public interest, convenience or necessity warrants consideration of the establishment of the proposed service or technology; (2) That the proposal appears to have potential value to the public that could warrant the establishment of the new service or technology; (3) That some operational data should be developed for consideration in any rule making proceeding which may be initiated to establish such service or technology. (b) <E T="03">Petition required.</E> Applications for developmental authorizations pursuant to this section must be accompanied by a petition for rule making requesting the FCC to amend its rules as may be necessary to provide for the establishment of the proposed service or technology. (c) <E T="03">Application requirements.</E> Authorizations for developmental authority pursuant to this section will be issued only upon a showing that the applicant has a definite program of research and development which has reasonable promise of substantial contribution to the services authorized by this part. The application must contain an exhibit demonstrating the applicant's technical qualifications 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 purpose. Additionally, the FCC may, in its discretion, require a showing of financial qualification.<PRTPAGE P="141"/> (d) <E T="03">Communication service for hire prohibited.</E> Stations authorized under developmental authorizations granted pursuant to this section must not be used to provide communication service for hire, unless otherwise specifically authorized by the FCC. (e) <E T="03">Adherence to program.</E> Carriers granted developmental authorization pursuant to this section must substantially adhere to the program of research and development described in their application for developmental authorization, unless the FCC directs otherwise. (f) <E T="03">Report requirements.</E> Upon completion of the program of research and development, or upon the expiration of the developmental authorization under which such program was permitted, or at such times during the term of the station authorization as the FCC may deem necessary to evaluate the progress of the developmental program, the licensee shall submit a comprehensive report, containing: (1) A description of the progress of the program and a detailed analysis of any result obtained; (2) Copies of any publications produced by the program; (3) A listing of any patents applied for, including copies of any patents issued; (4) Copies of any marketing surveys or other measures of potential public demand for the new service; (5) A description of the carrier's experiences with operational aspects of the program including— (i) The duration of transmissions on each channel or frequency range and the technical parameters of such transmissions; and, (ii) Any interference complaints received as a result of operation and how these complaints were investigated and resolved. (g) <E T="03">Confidentiality.</E> Normally, applications and developmental reports are a part of the FCC's public records. However, an applicant or licensee may request that the FCC withhold from public records specific exhibits, reports and other material associated with a developmental authorization. (h) <E T="03">Renewal.</E> Expiring developmental authorizations issued pursuant to this section may be renewed if the carrier— (1) Shows that further progress in the program of research and development requires additional time to operate under developmental authorization; (2) Complied with the reporting requirements of paragraph (f) of this section; and, (3) Immediately resolved to the FCC's satisfaction all complaints of interference caused by the station operating under developmental authority. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.411</SECTNO> <SUBJECT>Developmental authorization of 43 MHz paging transmitters.</SUBJECT> Because of the potential for interference to the intermediate frequency stages of receivers in broadcast television sets and video recorders, 43 MHz paging channels are assigned only under developmental authorizations subject to the requirements of this section, except as provided in paragraph (d) of this section. (a) <E T="03">Carrier responsibility.</E> Carriers so authorized shall operate the 43 MHz paging service under developmental authority for a period of two years. During the two year developmental period, carriers must resolve any broadcast television receiver intermediate frequency interference problems that may occur as a result of operation of the 43 MHz paging transmitter(s). Carriers shall inform subscribers receiving service on the channels assigned under developmental authority during the developmental period that this service could be terminated by the FCC on short notice if such action were to become necessary to eliminate interference. Carriers shall notify the appropriate FCC Field Office, in advance, of the date on which service to subscribers is to begin. (b) <E T="03">Periodic surveys.</E> To determine the extent of any interference to broadcast television receivers resulting from operation of 43 MHz paging stations authorized pursuant to this section, carriers shall conduct semi-annual surveys during the first two years of operation. The first such survey is to begin on the date when service to subscribers commences. For each survey, the carrier shall contact at least 25 television viewers to determine whether they have experienced interference.<PRTPAGE P="142"/> (1) The carrier shall contact viewers located throughout the geographic area encompassed by a 3 kilometer (2 mile) radius of the 43 MHz paging transmitter antenna site. The carrier must not attempt to obtain a misleading survey by contacting only viewers less likely to be experiencing interference. For example, the carrier must not contact only the viewers located most distant from the paging transmitter antenna site. Instead, the carrier shall contact viewers located near the paging transmitter antenna site. (2) The carrier shall not, in subsequent surveys, contact viewers who were contacted in a previous survey; provided that, in the event that all of the viewers within 3 kilometers (2 miles) have been contacted, viewers located near the paging transmitter antenna site shall be contacted again. (c) <E T="03">Periodic reports.</E> Following each survey, the carrier shall submit to the FCC a written report disclosing and evaluating the extent of any interference. These reports must include: (1) The number of the report (1 to 4); (2) The station call sign; (3) The file number of the application that resulted in the developmental authorization; (4) An exact description of the transmitter location(s); (5) The date(s) and time of day when the survey was conducted; (6) The survey method used (e.g. telephone, on-site, etc.); (7) The names, addresses and telephone numbers of the viewers contacted; (8) If interference resulted from operation of the 43 MHz paging station, a summary of how the interference problem was resolved; (9) The names and telephone numbers of any technical personnel consulted and/or employed to resolve interference problems. (d) <E T="03">Exceptions.</E> The FCC may grant a regular authorization in the Paging and Radiotelephone Service for a 43 MHz paging station in the following circumstances: (1) After the two-year developmental period, provided that broadcast TV interference complaints have been resolved by the carrier in a satisfactory manner. Licensees that hold a developmental authorization for a 43 MHz paging station and wish to request a regular authorization must file an application (FCC Form 600) prior to the expiration of the developmental period. (2) In the case of the assignment of or a transfer of control of a regular authorization of a 43 MHz paging station in the Paging and Radiotelephone Service, provided that the station has been in continuous operation providing service with no substantial interruptions. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.413</SECTNO> <SUBJECT>Developmental authorization of 72-76 MHz fixed transmitters.</SUBJECT> Because of the potential for interference with the reception by broadcast television sets and video recorders of full service TV stations transmitting on TV Channels 4 and 5, 72-76 MHz channels are assigned for use within 16 kilometers (10 miles) of the antenna of any full service TV station transmitting on TV Channel 4 or 5 only under developmental authorizations subject to the requirements of this section, except as provided in paragraph (b) of this section. (a) <E T="03">Carrier responsibility.</E> Carriers so authorized shall operate the 72-76 MHz fixed station under developmental authority for a period of at least six months. During the developmental period, carriers must resolve any broadcast television receiver interference problems that may occur as a result of operation of the 72-76 MHz transmitter(s). (b) <E T="03">Exceptions.</E> The FCC may grant a regular authorization in the Paging and Radiotelephone Service for a 72-76 MHz fixed station under the following circumstances: (1) After six months of operation under developmental authorization, and provided that broadcast TV interference complaints have been resolved by the carrier in a satisfactory manner, the FCC may grant a regular authorization. Licensees that hold a developmental authorization for a 72-76 MHz fixed station and wish to request a regular authorization must file an application (FCC Form 600) prior to the expiration of the developmental authorization.<PRTPAGE P="143"/> (2) In the case of the assignment of or a transfer of control of a regular authorization of a 72-76 MHz fixed station in the Paging and Radiotelephone Service, the FCC may grant such assignment or consent to such transfer of control provided that the station has been in continuous operation providing service with no substantial interruptions. (3) If a proposed 72-76 MHz fixed transmitter antenna is to be located within 50 meters (164 feet) of the antenna of the full service TV station transmitting on TV Channel 4 or 5, the FCC may grant a regular authorization instead of a developmental authorization. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.415</SECTNO> <SUBJECT>Developmental authorization of 928-960 MHz fixed transmitters.</SUBJECT> Channels in the 928-929 MHz and 952-960 MHz ranges may be assigned under developmental authorizations to fixed transmitters in point-to-multipoint systems at locations that are short-spaced (i.e. do not meet the 113 kilometer (70 mile) separation requirement of § 22.625), subject to the requirements of this section. (a) <E T="03">Carrier responsibility.</E> Applications for developmental authorizations pursuant to this section must contain an engineering analysis that shows that no interference will be caused or received. Carriers so authorized shall operate the short-spaced transmitter for a period of one year. (b) <E T="03">Exceptions.</E> The FCC may grant a regular authorization in the Paging and Radiotelephone Service for a short-spaced fixed station under the following circumstances: (1) After one year of operation under developmental authorization, and provided that no interference has been caused, the FCC may grant a regular authorization. Licensees that hold a developmental authorization and wish to request a regular authorization must file an application (FCC Form 600) prior to the expiration of the developmental authorization. (2) In the case of the assignment of or a transfer of control of a regular authorization of a short-spaced fixed station in the Paging and Radiotelephone Service, the FCC may grant such assignment or consent to such transfer of control provided that the station has been in continuous operation providing service and no interference has been caused. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.417</SECTNO> <SUBJECT>Developmental authorization of meteor burst systems.</SUBJECT> Because of the potential for interference to other 42-46 MHz operations, central office and rural subscriber stations in Alaska are authorized to use meteor burst propagation modes to provide rural radiotelephone service only under developmental authorizations subject to the requirements of this section, except as provided in paragraph (b) of this section. See also §§ 22.725(c) and 22.729. (a) <E T="03">Carrier responsibility.</E> Carriers and subscribers so authorized shall operate the station under developmental authority for a period of at least one year. (b) <E T="03">Exceptions.</E> The FCC may grant a regular authorization in the Rural Radiotelephone Service for a central office or rural subscriber to use meteor burst propagation modes to provide rural radiotelephone service under the following circumstances: (1) After one year of operation under developmental authorization, and provided that no interference has been caused to other operations, the FCC may grant a regular authorization. Licensees that hold a developmental authorization to use meteor burst propagation modes to provide rural radiotelephone service and wish to request a regular authorization must file an application (FCC Form 600) prior to the expiration of the developmental authorization. (2) In the case of the assignment of or a transfer of control of a regular authorization of a central office or rural subscriber station authorizing the use of meteor burst propagation modes in the Rural Radiotelephone Service, the FCC may grant such assignment or <PRTPAGE P="144"/>consent to such transfer of control provided that the station has been in operation providing service with no substantial interruptions. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Paging and Radiotelephone Service</HD> <SECTION> <SECTNO>§ 22.501</SECTNO> <SUBJECT>Scope.</SUBJECT> The rules in this subpart govern the licensing and operation of public mobile paging and radiotelephone stations. The licensing and operation of these stations are also subject to rules elsewhere in this part that apply generally to the Public Mobile Services. However, in case of conflict, the rules in this subpart govern. </SECTION> <SECTION> <SECTNO>§ 22.503</SECTNO> <SUBJECT>Paging geographic area authorizations.</SUBJECT> The FCC considers applications for and issues paging geographic area authorizations in the Paging and Radiotelephone Service in accordance with the rules in this section. Each paging geographic area authorization contains conditions requiring compliance with paragraphs (h) and (i) of this section. (a) <E T="03">Channels.</E> The FCC may issue a paging geographic area authorization for any channel listed in § 22.531 of this part or for any channel pair listed in § 22.561 of this part. (b) <E T="03">Paging geographic areas.</E> The paging geographic areas are as follows: (1) The Nationwide paging geographic area comprises the District of Columbia and all States, Territories and possessions of the United States of America. (2) The Major Trading Areas (MTAs) as defined in the Rand McNally <E T="03">1992 Commercial Atlas & Marketing Guide,</E> 123rd Edition, at pages 38-39, with the following changes and additions: (i) The Seattle paging geographic area does not include Alaska. (ii) Alaska is a paging geographic area. (iii) Guam and the Northern Mariana Islands (combined) are a paging geographic area. (iv) Puerto Rico and the United States Virgin Islands (combined) are a paging geographic area. (v) American Samoa is a paging geographic area. (3) The Economic Areas (EAs), as defined by the Department of Commerce, Bureau of Economic Analysis. (c) <E T="03">Availability.</E> The FCC may determine whether to issue a paging geographic area authorization for any specific channel or channel pair in any specific paging geographic area. The FCC may replace existing site specific authorizations for facilities on a channel or channel pair located in a paging geographic area with a paging geographic area authorization for that channel or channel pair, if in its sole discretion, the FCC determines that the public interest would be served by such replacement. (d) <E T="03">Filing windows.</E> The FCC accepts applications for paging geographic area authorizations only during filing windows. The FCC issues Public Notices announcing in advance the dates of the filing windows, and the specific paging geographic areas and channels for which applications may be accepted. (e) <E T="03">One grant per geographic area.</E> The FCC may grant one and only one application for a paging geographic area authorization for any specific channel or channel pair in any specific paging geographic area defined in paragraph (b) of this section. Selection from among mutually exclusive applications for a paging geographic area authorization will be made in accordance with the procedures in §§ 22.131 and 22.200 through 22.299. If after the selection process but prior to filing a “long form” application, a successful bidder decides to partition the paging geographic area, the FCC may require and accept multiple “long form” applications from the consortium members. (f) <E T="03">Exclusive right to expand.</E> During the term of a paging geographic area authorization, the FCC does not accept, from anyone other than the paging geographic area licensee, any major application for authorization to operate a facility that would serve unserved area within the paging geographic area specified in that paging geographic area authorization, on the channel specified in that paging geographic area authorization, unless any extension of the interfering contour of the proposed facility falls:<PRTPAGE P="145"/> (1) Within the composite interfering contour of another licensee; or, (2) Into unserved area and the paging geographic area licensee consents to such extension. (g) <E T="03">Subsequent applications not accepted.</E> During the term of a paging geographic area authorization, the FCC does not accept any application for authorization relating to a facility that is or would be located within the paging geographic area specified in that paging geographic area authorization, on the channel specified in that paging geographic area authorization, except in the following situations: (1) FCC grant of an application authorizing the construction of the facility could have a significant environmental effect as defined by § 1.1307 of this chapter. <E T="03">See</E> § 22.115(a)(5). (2) Specific international coordination procedures are required, prior to assignment of a channel to the facility, pursuant to a treaty or other agreement between the United States government and the government of Canada or Mexico. <E T="03">See</E> § 22.169. (3) The paging geographic area licensee or another licensee of a system within the paging geographic area applies to assign its authorization or for FCC consent to a transfer of control. (h) <E T="03">Adjacent geographic area coordination required.</E> Before constructing a facility for which the interfering contour (as defined in § 22.537 or § 22.567, as appropriate for the channel involved) would extend into another paging geographic area, a paging geographic area licensee must obtain the consent of the relevant co-channel paging geographic area licensee, if any, into whose area the interfering contour would extend. In the event that there is no co-channel paging geographic area licensee from whom to obtain consent in the area into which the interfering contour would extend, the facility may be constructed and operated subject to the condition that, at such time as the FCC issues a paging geographic area license for that adjacent geographic area, either consent must be obtained or the facility modified or eliminated such that the interfering contour no longer extends into the adjacent geographic area. (i) <E T="03">Protection of existing service.</E> All facilities constructed and operated pursuant to a paging geographic area authorization must provide co-channel interference protection in accordance with § 22.537 or § 22.567, as appropriate for the channel involved, to all co-channel facilities of other licensees within the paging geographic area that were authorized on May 12, 1997 and have remained authorized continuously since that date. (j) <E T="03">Site location restriction.</E> The transmitting antenna of each facility constructed and operated pursuant to a paging geographic area authorization must be located within the paging geographic area specified in the authorization. (k) <E T="03">Coverage requirements.</E> Failure by a paging geographic area licensee to meet either of the coverage requirements in paragraphs (k)(1) and (k)(2) of this section, or alternatively, the substantial service requirement in paragraph (k)(3) of this section, may result in automatic termination or non-renewal of a paging geographic area license. For the purpose of this paragraph, to “cover” area means to include geographic area within the composite of the service contour(s) determined by the methods of §§ 22.537 or 22.567, as appropriate for the particular channel involved. Licensees may determine the population of geographic areas included within their service contours using either the 1990 census or the 2000 census, but not both. (1) No later than three years after the initial grant of a paging geographic area authorization, the licensee must construct or otherwise acquire and operate sufficient facilities to cover one third of the population in the paging geographic area. The licensee must notify the FCC (FCC Form 489), no later than 15 days after the end of the three year period, either that it has satisfied this requirement or that it plans to satisfy the alternative requirement to provide substantial service in accordance with paragraph (k)(3) of this section. (2) No later than five years after the initial grant of a paging geographic area authorization, the licensee must construct or otherwise acquire and operate sufficient facilities to cover two <PRTPAGE P="146"/>thirds of the population in the paging geographic area. The licensee must notify the FCC (FCC Form 489), no later than 15 days after the end of the five year period, either that it has satisfied this requirement or that it has satisfied the alternative requirement to provide substantial service in accordance with paragraph (k)(3) of this section. (3) As an alternative to the coverage requirements of paragraphs (k)(1) and (k)(2) of this section, the paging geographic area licensee may demonstrate that, no later than five years after the initial grant of its paging geographic area authorization, it provides substantial service to the paging geographic area. “Substantial service” means service that is sound, favorable, and substantially above a level of mediocre service that would barely warrant renewal. <CITA>[62 FR 11633, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.507</SECTNO> <SUBJECT>Number of transmitters per station.</SUBJECT> This section concerns the number of transmitters licensed under each station authorization in the Paging and Radiotelephone Service, other than paging geographic area authorizations. (a) <E T="03">Operationally related transmitters.</E> Each station must have at least one transmitter. There is no limit to the number of transmitters that a station may comprise. However, transmitters within a station should be operationally related and/or should serve the same general geographical area. Operationally related transmitters are those that operate together as a system (<E T="03">e.g.</E>, trunked systems, simulcast systems), rather than independently. (b) <E T="03">Split of large systems.</E> The FCC may split wide-area systems into two or more stations for administrative convenience. Except for nationwide paging and other operationally related transmitters, transmitters that are widely separated geographically are not licensed under a single authorization. (c) <E T="03">Consolidation of separate stations.</E> The FCC may consolidate separately authorized stations upon request (FCC Form 600) of the licensee, if appropriate under paragraph (a) of this section. (d) <E T="03">Replacement of site-by-site authorizations with single authorization.</E> After a paging geographic area authorization for a channel has been issued, the FCC may, on its own motion, replace the authorization(s) of any other licensee (for facilities located within that paging geographic area on that channel) with a single replacement authorization. <CITA>[62 FR 11634, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.509</SECTNO> <SUBJECT>Procedures for mutually exclusive applications in the Paging and Radiotelephone Service.</SUBJECT> Mutually exclusive applications in the Paging and Radiotelephone Service, including those that are mutually exclusive with applications in the Rural Radiotelephone Service, are processed in accordance with § 22.131 and with this section. (a) Applications in the Paging and Radiotelephone Service may be mutually exclusive with applications in the Rural Radiotelephone Service if they seek authorization to operate facilities on the same channel in the same area, or the technical proposals are otherwise in conflict. See § 22.567. (b) A modification application in either service filed on the earliest filing date may cause all later-filed mutually exclusive applications of any type in either service to be “cut off” (excluded from a same-day filing group) and dismissed, pursuant to § 22.131(c)(3)(ii) and § 22.131(c)(4). (c) Competitive bidding will not be used as a selection procedure for any filing group that contains one or more applications for facilities in the Rural Radio Service. If a settlement between the applicants cannot be reached in a reasonable time, the applications may be designated for comparative consideration in a hearing. See § 22.131(c)(4)(ii). <CITA>[59 FR 59956, Nov. 21, 1994; as amended at 61 FR 54099, Oct. 17, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.511</SECTNO> <SUBJECT>Construction period for the Paging and Radiotelephone Service.</SUBJECT> The construction period for stations in the Paging and Radiotelephone Service is one year. </SECTION> <SECTION> <SECTNO>§ 22.515</SECTNO> <SUBJECT>Permissible communications paths.</SUBJECT> Mobile stations may communicate only with and through base stations. <PRTPAGE P="147"/>Base stations may communicate only with mobile stations and receivers on land or surface vessels. </SECTION> <SECTION> <SECTNO>§ 22.527</SECTNO> <SUBJECT>Signal boosters.</SUBJECT> Licensees may install and operate signal boosters on channels listed in § 22.531 only in accordance with the provisions of § 22.165 governing additional transmitters for existing systems. Licensees must not allow any signal booster that they operate to cause interference to the service or operation of any other authorized stations or systems. <CITA>[61 FR 31051, June 19, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.529</SECTNO> <SUBJECT>Application requirements for the Paging and Radiotelephone Service.</SUBJECT> In addition to information required by subparts B and D of this part, applications for authorization in the Paging and Radiotelephone Service must contain the applicable information and data described in this section. (a) <E T="03">Administrative information.</E> The following information, associated with Form FCC 600, Schedule A, is required as indicated. Each application of any type, including applications for paging geographic area authorizations, must contain one and only one Schedule A. (1) The purpose of the filing is required for each application of any type. (2) The geographic area designator, channel and geographic area name are required only for each application for a paging geographic area authorization. (3) The FCC control point number, if any, the location (street address, city or town, state), the telephone number and an indication of the desired database action are required only for each application proposing to add or delete a control point. (4) The FCC location number, file number and location (street address, city or town, state) of authorized facilities that have not been constructed are required only for each application requesting an extension of time to construct those facilities. (b) <E T="03">Technical data.</E> The following data, associated with FCC Form 600, Schedule B, are required as indicated for each application that is not an application for a paging geographic area authorization. Applications for a paging geographic area authorization must not contain Schedule B. Other type of applications may contain as many Schedule Bs as are necessary for the intended purpose. (1) For each transmitting antenna site to be added, deleted or modified, the following are required: An indication of the desired database action, the FCC location number, if any, the street address or other description of the transmitting antenna site, the city, county and state, the geographical coordinates (latitude and longitude), correct to <E T="61">±</E>1 second, of the transmitting antenna site (NAD 27 required, NAD 83 optional), and in the case of a proposed relocation of a transmitting antenna, the FCC location number and geographical coordinates, correct to <E T="61">±</E>1 second, of the current transmitting antenna site, and an indication of the datum (NAD 27 or NAD 83) to which the geographical coordinates of the current location are referenced. (2) For each transmitting antenna site to be added, deleted or modified, the following supplementary information is required: An indication as to whether or not the transmitting antenna site is within 200 kilometers (124 miles) of the U.S.-Mexico border, and an indication as to whether or not the transmitting antenna site is North of Line A or East of Line C. Line A and Line C are defined in § 2.1 of this chapter. For each adjacent geographic area within 200 kilometers (124 miles) of each transmitting antenna site to be added, deleted or modified, the geographic area designator and name, and the shortest distance (in kilometers) to the boundary of that geographic area. (3) For each antenna to be added, deleted or modified, the following is required: An indication of the desired database action, an indication of whether the antenna already exists or is merely proposed, the FCC antenna number, if any, the type of antenna (<E T="03">e.g.</E>, collinear, Yagi, half-wave, corner reflector, panel, etc.), the name of the antenna manufacturer and the model number of the antenna, the height (in meters) above average terrain of the center of radiation of the antenna, the beamwidth of the main lobe of the horizontal radiation pattern of the electric <PRTPAGE P="148"/>field of the antenna, the height (in meters) to the tip of the antenna above ground level, a polar plot of the horizontal gain pattern of the antenna, the antenna gain in the maximum lobe and the electric field polarization of the wave emitted by the antenna when installed as proposed. (i) For each transmitter to be added, deleted or modified, the following is required: the FCC transmitter number, if any, an indication of the desired database action, the center frequency of the requested channel, the transmitter classification (e.g. base, fixed mobile), the designator for any non-standard emission type to be used, including bandwidth and modulation type, and the maximum effective radiated power. (ii) For each of the eight cardinal radials, the antenna height above the average elevation along the radial, and the effective radiated power of each transmitter in the direction of the radial. (iii) For each transmitter proposed to transmit on a channel reserved for point-to-multipoint operation involving transmission to four or more points of communications (i.e. base transmitters), the following is required for each point of communication: an indication of the desired database action, the FCC transmitter number or other key indicator (<E T="03">e.g.</E>, I, II, III, IV), the location (city or town, state), and the geographical coordinates (latitude and longitude, NAD 27). <CITA>[62 FR 11635, Mar. 12, 1997]</CITA> </SECTION> <SUBJGRP> <HD SOURCE="HED">Paging Operation</HD> <SECTION> <SECTNO>§ 22.531</SECTNO> <SUBJECT>Channels for paging operation.</SUBJECT> The following channels are allocated for assignment to base transmitters that provide paging service, either individually or collectively under a paging geographic area authorization. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. <GPOTABLE CDEF="xl10,xl10,xl10,xl10" COLS="4" OPTS="L0,7/8,g1,t1,i1"> <ROW EXPSTB="03"> <ENT I="21">Low VHF Channels </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">35.20 </ENT> <ENT>35.46 </ENT> <ENT>43.20 </ENT> <ENT>43.46</ENT> </ROW> <ROW> <ENT I="01">35.22 </ENT> <ENT>35.50 </ENT> <ENT>43.22 </ENT> <ENT>43.50</ENT> </ROW> <ROW> <ENT I="01">35.24 </ENT> <ENT>35.54 </ENT> <ENT>43.24 </ENT> <ENT>43.54</ENT> </ROW> <ROW> <ENT I="01">35.26 </ENT> <ENT>35.56 </ENT> <ENT>43.26 </ENT> <ENT>43.56</ENT> </ROW> <ROW> <ENT I="01">35.30 </ENT> <ENT>35.58 </ENT> <ENT>43.30 </ENT> <ENT>43.58</ENT> </ROW> <ROW> <ENT I="01">35.34 </ENT> <ENT>35.60 </ENT> <ENT>43.34 </ENT> <ENT>43.60</ENT> </ROW> <ROW> <ENT I="01">35.38 </ENT> <ENT>35.62 </ENT> <ENT>43.38 </ENT> <ENT>43.62</ENT> </ROW> <ROW> <ENT I="01">35.42 </ENT> <ENT>35.66 </ENT> <ENT>43.42 </ENT> <ENT>43.66 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">High VHF Channels </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">152.24</ENT> <ENT>152.84</ENT> <ENT>158.10</ENT> <ENT>158.70 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">UHF Channels </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">931.0125 </ENT> <ENT>931.2625 </ENT> <ENT>931.5125 </ENT> <ENT>931.7625</ENT> </ROW> <ROW> <ENT I="01">931.0375 </ENT> <ENT>931.2875 </ENT> <ENT>931.5375 </ENT> <ENT>931.7875</ENT> </ROW> <ROW> <ENT I="01">931.0625 </ENT> <ENT>931.3125 </ENT> <ENT>931.5625 </ENT> <ENT>931.8125</ENT> </ROW> <ROW> <ENT I="01">931.0875 </ENT> <ENT>931.3375 </ENT> <ENT>931.5875 </ENT> <ENT>931.8375</ENT> </ROW> <ROW> <ENT I="01">931.1125 </ENT> <ENT>931.3625 </ENT> <ENT>931.6125 </ENT> <ENT>931.8625</ENT> </ROW> <ROW> <ENT I="01">931.1375 </ENT> <ENT>931.3875 </ENT> <ENT>931.6375 </ENT> <ENT>931.8875</ENT> </ROW> <ROW> <ENT I="01">931.1625 </ENT> <ENT>931.4125 </ENT> <ENT>931.6625 </ENT> <ENT>931.9125</ENT> </ROW> <ROW> <ENT I="01">931.1875 </ENT> <ENT>931.4375 </ENT> <ENT>931.6875 </ENT> <ENT>931.9375</ENT> </ROW> <ROW> <ENT I="01">931.2125 </ENT> <ENT>931.4625 </ENT> <ENT>931.7125 </ENT> <ENT>931.9625</ENT> </ROW> <ROW> <ENT I="01">931.2375 </ENT> <ENT>931.4875 </ENT> <ENT>931.7375 </ENT> <ENT>931.9875</ENT> </ROW> </GPOTABLE> (a) The 43 MHz channels may be assigned under developmental authorizations, pursuant to the requirements of § 22.411. (b) Channels 931.8875, 931.9125, and 931.9375 MHz may be assigned only to transmitters providing nationwide network paging service. (c) Upon application (FCC Form 600), common carriers may be authorized to provide one-way paging service using the leased subcarrier facilities of broadcast stations licensed under part 73 of this chapter. (d) Occasionally in case law and other formal and informal documents, the low VHF channels have been referred to as “lowband” channels, and the high VHF channels have been referred to as “guardband” channels. (e) Pursuant to the U.S.-Canada Interim Coordination Considerations for 929-932 MHz, as amended, only the following UHF channels may be assigned in the continental United States North of Line A or in the State of Alaska East of Line C, within the indicated longitudes: (1) From longitude W.73° to longitude W.75° and from longitude W.78° to longitude W.81°: <GPOTABLE CDEF="xl10,xl10,xl10,xl10" COLS="4" OPTS="L0,7/8,g1,t1,i1"> <ROW> <ENT I="01">931.0125</ENT> <ENT>931.1125</ENT> <ENT>931.1875</ENT> <ENT>931.2625</ENT> </ROW> <ROW> <ENT I="01">931.0375</ENT> <ENT>931.1375</ENT> <ENT>931.2125</ENT> <ENT>931.8625</ENT> </ROW> <ROW> <ENT I="01">931.0625</ENT> <ENT>931.1625</ENT> <ENT>931.2375</ENT> </ROW> </GPOTABLE> (2) From longitude W.81° to longitude W.85°: <GPOTABLE CDEF="xl10,xl10,xl10,xl10" COLS="4" OPTS="L0,7/8,g1,t1,i1"> <ROW> <ENT I="01">931.0125</ENT> <ENT>931.2125</ENT> <ENT>931.3875</ENT> <ENT>931.5875</ENT> </ROW> <ROW> <ENT I="01">931.0375</ENT> <ENT>931.2375</ENT> <ENT>931.4125</ENT> <ENT>931.6125</ENT> </ROW> <ROW> <ENT I="01">931.0625</ENT> <ENT>931.2625</ENT> <ENT>931.4625</ENT> <ENT>931.6375</ENT> </ROW> <ROW> <ENT I="01">931.1125</ENT> <ENT>931.2875</ENT> <ENT>931.4875</ENT> <ENT>931.8625</ENT> </ROW> <ROW> <ENT I="01">931.1375</ENT> <ENT>931.3125</ENT> <ENT>931.5125</ENT> </ROW> <ROW> <ENT I="01">931.1625</ENT> <ENT>931.3375</ENT> <ENT>931.5375</ENT> </ROW> <ROW> <ENT I="01">931.1875</ENT> <ENT>931.3625</ENT> <ENT>931.5625</ENT> </ROW> </GPOTABLE> <PRTPAGE P="149"/> (3) Longitudes other than specified in paragraphs (e)(1) and (e)(2) of this section: <GPOTABLE CDEF="xl10,xl10,xl10,xl10" COLS="4" OPTS="L0,7/8,g1,t1,i1"> <ROW> <ENT I="01">931.0125</ENT> <ENT>931.1625</ENT> <ENT>931.2875</ENT> <ENT>931.4125</ENT> </ROW> <ROW> <ENT I="01">931.0375</ENT> <ENT>931.1875</ENT> <ENT>931.3125</ENT> <ENT>931.4625</ENT> </ROW> <ROW> <ENT I="01">931.0625</ENT> <ENT>931.2125</ENT> <ENT>931.3375</ENT> <ENT>931.8625</ENT> </ROW> <ROW> <ENT I="01">931.1125</ENT> <ENT>931.2375</ENT> <ENT>931.3625</ENT> </ROW> <ROW> <ENT I="01">931.1375</ENT> <ENT>931.2625</ENT> <ENT>931.3875</ENT> </ROW> </GPOTABLE> (4) At any longitude, with authorization condition requiring coordinated, shared use and equal access by licensees in both countries: <GPOTABLE CDEF="xl10,xl10,xl10,xl10" COLS="4" OPTS="L0,7/8,g1,t1,i1"> <ROW> <ENT I="01">931.4375</ENT> <ENT>931.8875</ENT> <ENT>931.9125</ENT> <ENT>931.9375</ENT> </ROW> </GPOTABLE> (f) For the purpose of issuing paging geographic area authorizations, the paging geographic areas used for the UHF channels are the MTAs (<E T="03">see</E> § 22.503(b)(2)), and the paging geographic areas used for the low and high VHF channels are the EAs (<E T="03">see</E> § 22.503(b)(3)). <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 62 FR 11635, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.535</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> The effective radiated power (ERP) of transmitters operating on the channels listed in § 22.531 must not exceed the limits in this section. (a) <E T="03">Maximum ERP.</E> The ERP must not exceed the applicable limits in this paragraph under any circumstances. <GPOTABLE CDEF="s25,10" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Frequency range (MHz)</CHED> <CHED H="1">Maximum ERP (Watts)</CHED> </BOXHD> <ROW> <ENT I="01">35-36</ENT> <ENT>600</ENT> </ROW> <ROW> <ENT I="01">43-44</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="01">152-159</ENT> <ENT>1400</ENT> </ROW> <ROW> <ENT I="01">931-932</ENT> <ENT>3500</ENT> </ROW> </GPOTABLE> (b) <E T="03">Basic power limit.</E> Except as provided in paragraph (d) of this section, the ERP of transmitters on the VHF channels must not exceed 500 Watts. (c) <E T="03">Height-power limit.</E> Except as provided in paragraph (d) of this section, the ERP of transmitters on the VHF channels must not exceed the amount that would result in an average distance to the service contour of 32.2 kilometers (20 miles). The average distance to the service contour is calculated by taking the arithmetic mean of the distances determined using the procedures specified in § 22.537 for the eight cardinal radial directions, excluding cardinal radial directions for which 90% or more of the distance so calculated is over water. (d) <E T="03">Encompassed interfering contour areas.</E> Transmitters are exempt from the basic power and height-power limits of this section if the area within their interfering contours is totally encompassed by the interfering contours of operating co-channel base transmitters controlled by the same licensee. For the purpose of this paragraph, operating transmitters are authorized transmitters that are providing service to subscribers. (e) <E T="03">Adjacent channel protection.</E> The ERP of transmitters must not exceed 500 Watts if they: (1) Transmit on a channel in the 152-159 MHz frequency range and are located less than 5 kilometers (3.1 miles) from any station licensed in the Private Radio Services that receives on an adjacent channel; or, (2) Transmit on channel 158.10 or 158.70 MHz and are located less than 5 kilometers (3.1 miles) from any station licensed in the Public Mobile Services that receives on either of the following adjacent channels: 158.07 MHz or 158.67 MHz. (f) <E T="03">Signal boosters.</E> The effective radiated power of signal boosters must not exceed 5 watts ERP under any normal operating condition. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.537</SECTNO> <SUBJECT>Technical channel assignment criteria.</SUBJECT> The rules in this section establish technical assignment criteria for the channels listed in § 22.531. These criteria permit channel assignments to be made in a manner such that reception by public paging receivers of signals from base transmitters, within the service area of such base transmitters, is protected from interference caused by the operation of independent co-channel base transmitters. (a) <E T="03">Contour overlap.</E> The FCC may grant an application requesting assignment of a channel to a proposed base transmitter only if: (1) The interfering contour of the proposed transmitter does not overlap the service contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless <PRTPAGE P="150"/>that carrier has agreed in writing to accept any interference that may result from operation of the proposed transmitter; and, (2) The service contour of the proposed transmitter does not overlap the interfering contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless the applicant agrees to accept any interference that may result from operation of the protected co-channel transmitter; and, (3) The area and/or population to which service would be provided by the proposed transmitter is substantial, and service gained would exceed that lost as a result of agreements to accept interference. (b) <E T="03">Protected transmitter.</E> For the purposes of this section, protected transmitters are authorized transmitters for which there is a current FCC public record and transmitters proposed in prior-filed pending applications. (c) <E T="03">VHF service contour.</E> For paging stations transmitting on the VHF channels, the distance from the transmitting antenna to the service contour along each cardinal radial is calculated as follows: <FP SOURCE="FP-2">d=1.243×h<E T="51">0.40</E>×p<E T="51">0.20</E> </FP> <FP SOURCE="FP-2">where d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. (2) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever is more. (3) The distance from the transmitting antenna to the service contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the service contour using the formula in paragraph (c) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. (d) <E T="03">VHF interfering contour.</E> For paging stations transmitting on the VHF channels, the distance from the transmitting antenna to the interfering contour along each cardinal radial is calculated as follows: <FP SOURCE="FP-2">d=6.509×h<E T="51">0.28</E>×p<E T="51">0.17</E> </FP> <FP SOURCE="FP-2">where d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. (2) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever is more. (3) The distance from the transmitting antenna to the interfering contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. In resolving petitions to deny, however, the FCC may calculate the distance to the interfering contour using the formula in paragraph (d) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. (e) <E T="03">931 MHz service contour.</E> For paging stations transmitting on the 931 MHz channels, the service contour is a circle, centered on the transmitting antenna, with a radius determined from Table E-1 of this section. <GPOTABLE CDEF="s100,10,10,10,10,10,10" COLS="7" OPTS="L2,i1"> <TTITLE>Table E-1.—931 MHz Paging Service Radii</TTITLE> <BOXHD> <CHED H="1">Service radius km (miles)</CHED> <CHED H="2">Antenna HAAT meters (feet)</CHED> <CHED H="1">Effective radiated power (Watts)</CHED> <CHED H="2">0-125</CHED> <CHED H="2">126-250</CHED> <CHED H="2">251-500</CHED> <CHED H="2">501-1000</CHED> <CHED H="2">1001-1860</CHED> <CHED H="2">1861-3500</CHED> </BOXHD> <ROW> <ENT I="01">0-177 </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20)</ENT> </ROW> <ROW> <ENT I="11">(0-581)</ENT> </ROW> <ROW> <ENT I="01">178-305 </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>37.0 (23) </ENT> <ENT>41.8 (26)</ENT> </ROW> <ROW> <ENT I="22">(582-1001)</ENT> </ROW> <ROW> <ENT I="01">306-427 </ENT> <ENT>32.2 (20) </ENT> <ENT>32.2 (20) </ENT> <ENT>37.0 (23) </ENT> <ENT>41.8 (26) </ENT> <ENT>56.3 (35) </ENT> <ENT>56.3 (35)</ENT> </ROW> <ROW> <PRTPAGE P="151"/> <ENT I="22">(1002-1401)</ENT> </ROW> <ROW> <ENT I="01">428-610 </ENT> <ENT>32.2 (20) </ENT> <ENT>37.0 (23) </ENT> <ENT>41.8 (26) </ENT> <ENT>56.3 (35) </ENT> <ENT>56.3 (35) </ENT> <ENT>56.3 (35)</ENT> </ROW> <ROW> <ENT I="22">(1402-2001)</ENT> </ROW> <ROW> <ENT I="01">611-861 </ENT> <ENT>37.0 (23) </ENT> <ENT>41.8 (26) </ENT> <ENT>41.8 (26) </ENT> <ENT>56.3 (35) </ENT> <ENT>83.7 (52) </ENT> <ENT>83.7 (52)</ENT> </ROW> <ROW> <ENT I="22">(2002-2825)</ENT> </ROW> <ROW> <ENT I="01">862-1219 </ENT> <ENT>41.8 (26) </ENT> <ENT>56.3 (35) </ENT> <ENT>56.3 (35) </ENT> <ENT>83.7 (52) </ENT> <ENT>83.7 (52) </ENT> <ENT>83.7 (52)</ENT> </ROW> <ROW> <ENT I="22">(2826-3999)</ENT> </ROW> <ROW> <ENT I="01">1220+ </ENT> <ENT>56.3 (35) </ENT> <ENT>56.3 (35) </ENT> <ENT>83.7 (52) </ENT> <ENT>83.7 (52) </ENT> <ENT>83.7 (52) </ENT> <ENT>83.7 (52)</ENT> </ROW> <ROW> <ENT I="22">(4000+)</ENT> </ROW> </GPOTABLE> (f) <E T="03">931 MHz interfering contour.</E> For paging stations transmitting on the 931 MHz channels, the interfering contour is a circle, centered on the transmitting antenna, with a radius determined from Table E-2 of this section. <GPOTABLE CDEF="s10,10,10,10,10,10,10" COLS="7" OPTS="L2,i1"> <TTITLE>Table E-2.—931 MHz Paging Interfering Radii</TTITLE> <BOXHD> <CHED H="1">Interfering radius km (miles)</CHED> <CHED H="2">Antenna HAAT meters (feet)</CHED> <CHED H="1">Effective radiated power (Watts)</CHED> <CHED H="2">0-125</CHED> <CHED H="2">126-250</CHED> <CHED H="2">251-500</CHED> <CHED H="2">501-1000</CHED> <CHED H="2">1001-1860</CHED> <CHED H="2">1861-3500</CHED> </BOXHD> <ROW> <ENT I="01">0-177 </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50)</ENT> </ROW> <ROW> <ENT I="22">(0-581)</ENT> </ROW> <ROW> <ENT I="01">178-305 </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>88.5 (55) </ENT> <ENT>96.6 (60)</ENT> </ROW> <ROW> <ENT I="22">(582-1001)</ENT> </ROW> <ROW> <ENT I="01">306-427 </ENT> <ENT>80.5 (50) </ENT> <ENT>80.5 (50) </ENT> <ENT>88.5 (55) </ENT> <ENT>96.6 (60) </ENT> <ENT>130.4 (81) </ENT> <ENT>130.4 (81)</ENT> </ROW> <ROW> <ENT I="22">(1002-1401)</ENT> </ROW> <ROW> <ENT I="01">428-610 </ENT> <ENT>80.5 (50) </ENT> <ENT>88.5 (55) </ENT> <ENT>96.6 (60) </ENT> <ENT>130.4 (81) </ENT> <ENT>130.4 (81) </ENT> <ENT>130.4 (81)</ENT> </ROW> <ROW> <ENT I="22">(1402-2001)</ENT> </ROW> <ROW> <ENT I="01">611-861 </ENT> <ENT>88.5 (55) </ENT> <ENT>96.6 (60) </ENT> <ENT>96.6 (60) </ENT> <ENT>130.4 (81) </ENT> <ENT>191.5 (119) </ENT> <ENT>191.5 (119)</ENT> </ROW> <ROW> <ENT I="22">(2002-2825)</ENT> </ROW> <ROW> <ENT I="01">862-1219 </ENT> <ENT>96.6 (60) </ENT> <ENT>130.4 (81) </ENT> <ENT>130.4 (81) </ENT> <ENT>191.5 (119) </ENT> <ENT>191.5 (119) </ENT> <ENT>191.5 (119)</ENT> </ROW> <ROW> <ENT I="22">(2826-3999)</ENT> </ROW> <ROW> <ENT I="22">1220+</ENT> </ROW> <ROW> <ENT I="01">(4000+) </ENT> <ENT>130.4 (81) </ENT> <ENT>130.4 (81) </ENT> <ENT>191.5 (119) </ENT> <ENT>191.5 (119) </ENT> <ENT>191.5 (119) </ENT> <ENT>191.5 (119)</ENT> </ROW> </GPOTABLE> (g) <E T="03">In-building radiation systems</E>. The locations of in-building radiation systems must be within the service contour(s) of the licensee's authorized transmitter(s) on the same channel. In-building radiation systems are not protected facilities, and therefore do not have service or interfering contours. (h) <E T="03">Signal boosters on 931 MHz channels.</E> For the purpose of compliance with § 22.165 and notwithstanding paragraphs (e) and (f) of this section, signal boosters operating on the 931 MHz channels with an antenna HAAT not exceeding 30 meters (98 feet) are deemed to have as a service contour a circle with a radius of 1.0 kilometer (0.6 mile) and as an interfering contour a circle with a radius of 10 kilometers (6.2 miles). <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.539</SECTNO> <SUBJECT>Additional channel policies.</SUBJECT> The rules in this section govern the processing of applications for a paging channel when the applicant has applied for or been granted an authorization for other paging channels in the same geographic area. This section applies to applications proposing to use the channels listed in § 22.531, excluding the nationwide network paging channels and broadcast station subcarriers, or the channels listed in § 22.561, where the application proposes to use those channels to provide paging service only. The general policy of the FCC is to assign one paging channel in an area to a carrier per application cycle. That is, a carrier must apply for one paging channel, receive the authorization, construct the station, provide service to subscribers, and notify the FCC of commencement of service to subscribers <PRTPAGE P="152"/>(FCC Form 489) before applying for an additional paging channel in that area. (a) <E T="03">VHF transmitters in same area.</E> Any transmitter on any VHF channel listed in § 22.531 is considered to be in the same geographic area as another transmitter on any other VHF channel listed in § 22.531 if: (1) One transmitter location is within the service area of the other transmitter; or, (2) The area within the overlap of the service contours of the two transmitters constitutes 50 percent or more of the service area of either of the transmitters. (b) <E T="03">931 MHz transmitters in same area.</E> Any transmitter on any 931 MHz channel is considered to be in the same geographic area as another transmitter on any channel listed in § 22.531 if it is located less than 64.4 kilometers (40 miles) from the transmitter. Likewise, any transmitter on any channel listed in § 22.531 is considered to be in the same geographic area as another transmitter on any 931 MHz channel if it is located less than 64.4 kilometers (40 miles) from that transmitter. (c) <E T="03">Initial channel.</E> The FCC will not assign more than one channel for new paging stations. Paging stations are considered to be new if there are no authorized transmitters on any channel listed in § 22.531 controlled by the applicant in the same geographic area. (d) <E T="03">Additional channel.</E> Applications for transmitters to be located in the same geographic area as an authorized station controlled by the applicant, but to operate on a different channel, are considered as requesting an additional channel for the authorized station, unless paragraph (e) of this section applies. (e) <E T="03">Additional transmitters on same channel.</E> Notwithstanding other provisions of this section, the following applications are not considered to be requests for an additional paging channel: (1) Applications for transmitters to be located in the same geographic area as an authorized station controlled by the applicant, and to operate on the same paging channel; (2) Applications for transmitters to be located within a paging geographic area for which the applicant holds the paging geographic area authorization for the requested channel; and, (3) Applications for paging geographic area authorizations. (f) <E T="03">Amendment of pending application.</E> If the FCC receives and accepts for filing an application for a transmitter to be located in the same geographic area as a transmitter proposed in a pending application previously filed by the applicant, but on a different channel, the subsequent application is considered as a major amendment to change the technical proposal of the prior application, unless paragraph (e) applies. The filing date of any application so amended is the date the FCC received the subsequent application. (g) <E T="03">Dismissal of premature applications for additional channel.</E> If the FCC receives an application requesting an additional channel for an authorized station prior to receiving notification that the station is providing service to subscribers on the authorized channel(s), the FCC may dismiss that application without prejudice in accordance with § 22.128. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11635, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.551</SECTNO> <SUBJECT>Nationwide network paging service.</SUBJECT> The rules in this section govern the application for and provision of nationwide network paging service on the channels reserved specifically for such service in § 22.531(b). (a) <E T="03">Nationwide network providers; organizers.</E> If and when a nationwide network paging channel becomes available for assignment, the FCC will issue a Public Notice inviting applications from eligibles seeking to provide or organize a nationwide network paging service. The Public Notice will provide complete details regarding application requirements and procedures. (b) <E T="03">Licensing</E>. The FCC may issue a paging geographic area authorization to the nationwide network provider or organizer. All transmissions of nationwide network messages on the channels reserved for such service in § 22.531(b) are authorized solely under the authorization(s) of the nationwide network provider or organizer, notwithstanding whether or not the messages pass <PRTPAGE P="153"/>through facilities owned, operated or licensed to affiliated local carriers. <CITA>[62 FR 11636, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.559</SECTNO> <SUBJECT>Paging application requirements.</SUBJECT> In addition to information required by subparts B and D and § 22.529, applications for authorization to operate a paging transmitter on the channels listed in § 22.531, other than applications for a paging geographic area authorization, must contain the applicable supplementary information described in this section. (a) <E T="03">Interference exhibit.</E> Except as provided in paragraph (b) of this section, an exhibit demonstrating compliance with § 22.537 with regard to protected transmitters is required for applications to operate a transmitter on the VHF channels. This exhibit must: (1) Identify each protected transmitter located within 109 kilometers (68 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 76.5 kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 76.5 kilometers (47.5 miles). (2) For each protected transmitter identified, show the results of distance calculations indicating that there would be no overlap of service and interfering contours, or alternatively, indicate that the licensee of or applicant for the protected transmitter and/or the applicant, as required, have agreed in writing to accept any interference resulting from operation of the proposed transmitter. (b) <E T="03">Encompassment exhibit.</E> An exhibit showing that the area within the interfering contour of the proposed transmitter would be totally encompassed by interfering contours of operating co-channel base transmitters controlled by the applicant is required for applications to operate a transmitter with ERP exceeding the basic power and height-power limits of § 22.535. For VHF transmitters, this encompassment exhibit may substitute for the interference exhibit required in paragraph (a) of this section. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">One-way or Two-way Mobile Operation</HD> <SECTION> <SECTNO>§ 22.561</SECTNO> <SUBJECT>Channels for one-way or two-way mobile operation.</SUBJECT> The following channels are allocated for paired assignment to transmitters that provide (or support other transmitters that provide) one-way or two-way public land mobile service, either individually or collectively under a paging geographic area authorization. The paging geographic areas used for these channels are the EAs (<E T="03">see</E> § 22.503(b)(3)). These channels may be assigned for use by mobile or base transmitters as indicated, and or by fixed transmitters (including control, repeater or other fixed transmitters). The mobile channels may also be assigned for use by base or fixed transmitters under certain circumstances (<E T="03">see</E> § 22.567(h)). Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. <GPOTABLE CDEF="s15,xl10,r15,xl10" COLS="4" OPTS="L1,b0,p7,7/8,i1"> <BOXHD> <CHED H="1">Base</CHED> <CHED H="1">Mobile</CHED> <CHED H="1">Base</CHED> <CHED H="1">Mobile</CHED> </BOXHD> <ROW EXPSTB="03" RUL="s"> <ENT I="21"> <E T="02">VHF Channels</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">152.03</ENT> <ENT>158.49 </ENT> <ENT>152.57</ENT> <ENT>157.83</ENT> </ROW> <ROW> <ENT I="01">152.06</ENT> <ENT>158.52 </ENT> <ENT>152.60</ENT> <ENT>157.86</ENT> </ROW> <ROW> <ENT I="01">152.09</ENT> <ENT>158.55 </ENT> <ENT>152.63</ENT> <ENT>157.89</ENT> </ROW> <ROW> <ENT I="01">152.12</ENT> <ENT>158.58 </ENT> <ENT>152.66</ENT> <ENT>157.92</ENT> </ROW> <ROW> <ENT I="01">152.15</ENT> <ENT>158.61 </ENT> <ENT>152.69</ENT> <ENT>157.95</ENT> </ROW> <ROW> <ENT I="01">152.18</ENT> <ENT>158.64 </ENT> <ENT>152.72</ENT> <ENT>157.98</ENT> </ROW> <ROW> <ENT I="01">152.21</ENT> <ENT>158.67 </ENT> <ENT>152.75</ENT> <ENT>158.01</ENT> </ROW> <ROW> <ENT I="01">152.51</ENT> <ENT>157.77 </ENT> <ENT>152.78</ENT> <ENT>158.04</ENT> </ROW> <ROW RUL="s"> <ENT I="01">152.54</ENT> <ENT>157.80 </ENT> <ENT>152.81</ENT> <ENT>158.07 </ENT> </ROW> <ROW EXPSTB="03" RUL="s"> <ENT I="21"> <E T="02">UHF Channels</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">454.025</ENT> <ENT>459.025 </ENT> <ENT>454.350</ENT> <ENT>459.350</ENT> </ROW> <ROW> <ENT I="01">454.050</ENT> <ENT>459.050 </ENT> <ENT>454.375</ENT> <ENT>459.375</ENT> </ROW> <ROW> <ENT I="01">454.075</ENT> <ENT>459.075 </ENT> <ENT>454.400</ENT> <ENT>459.400</ENT> </ROW> <ROW> <ENT I="01">454.100</ENT> <ENT>459.100 </ENT> <ENT>454.425</ENT> <ENT>459.425</ENT> </ROW> <ROW> <ENT I="01">454.125</ENT> <ENT>459.125 </ENT> <ENT>454.450</ENT> <ENT>459.450</ENT> </ROW> <ROW> <ENT I="01">454.150</ENT> <ENT>459.150 </ENT> <ENT>454.475</ENT> <ENT>459.475</ENT> </ROW> <ROW> <ENT I="01">454.175</ENT> <ENT>459.175 </ENT> <ENT>454.500</ENT> <ENT>459.500</ENT> </ROW> <ROW> <ENT I="01">454.200</ENT> <ENT>459.200 </ENT> <ENT>454.525</ENT> <ENT>459.525</ENT> </ROW> <ROW> <ENT I="01">454.225</ENT> <ENT>459.225 </ENT> <ENT>454.550</ENT> <ENT>459.550</ENT> </ROW> <ROW> <ENT I="01">454.250</ENT> <ENT>459.250 </ENT> <ENT>454.575</ENT> <ENT>459.575</ENT> </ROW> <ROW> <ENT I="01">454.275</ENT> <ENT>459.275 </ENT> <ENT>454.600</ENT> <ENT>459.600</ENT> </ROW> <ROW> <ENT I="01">454.300</ENT> <ENT>459.300 </ENT> <ENT>454.625</ENT> <ENT>459.625</ENT> </ROW> <ROW> <ENT I="01">454.325</ENT> <ENT>459.325 </ENT> <ENT>454.650</ENT> <ENT>459.650</ENT> </ROW> </GPOTABLE> <PRTPAGE P="154"/> <CITA>[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995, as amended at 62 FR 11636, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.563</SECTNO> <SUBJECT>Provision of rural radiotelephone service upon request.</SUBJECT> Channels in the frequency ranges 152.03-152.81, 157.77-158.67, 454.025-454.650 and 459.025-459.650 MHz, inclusive, are also allocated for assignment in the Rural Radiotelephone Service. Stations in the Paging and Radiotelephone Service that provide two-way public mobile service on these channels must also provide rural radiotelephone service upon request from a subscriber. </SECTION> <SECTION> <SECTNO>§ 22.565</SECTNO> <SUBJECT>Transmitting power limits.</SUBJECT> The transmitting power of base, mobile and fixed transmitters operating on the channels listed in § 22.561 must not exceed the limits in this section. (a) <E T="03">Maximum ERP.</E> The effective radiated power (ERP) of base and fixed transmitters must not exceed the applicable limits in this paragraph under any circumstances. <GPOTABLE CDEF="s25,10" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Frequency range (MHz)</CHED> <CHED H="1">Maximum ERP (watts)</CHED> </BOXHD> <ROW> <ENT I="01">152-153 </ENT> <ENT>1400</ENT> </ROW> <ROW> <ENT I="01">157-159 </ENT> <ENT>150</ENT> </ROW> <ROW> <ENT I="01">454-455 </ENT> <ENT>3500</ENT> </ROW> <ROW> <ENT I="01">459-460 </ENT> <ENT>150</ENT> </ROW> </GPOTABLE> (b) <E T="03">Basic power limit.</E> Except as provided in paragraph (d) of this section, the ERP of base transmitters must not exceed 500 Watts. (c) <E T="03">Height-power limits.</E> Except as provided in paragraph (d) of this section, the ERP of base transmitters must not exceed the amount that would result in an average distance to the service contour of 41.6 kilometers (26 miles) for VHF channels or 30.7 kilometers (19 miles) for UHF channels. The average distance to the service contour is calculated by taking the arithmetic mean of the distances determined using the procedures specified in § 22.567 for the eight cardinal radial directions, excluding cardinal radial directions for which 90% or more of the distance so calculated is over water. (d) <E T="03">Encompassed interfering contour areas.</E> Base transmitters are exempt from the basic power and height-power limits of this section if the area within their interfering contours is totally encompassed by the interfering contours of operating co-channel based transmitters controlled by the same licensee. For the purpose of this paragraph, operating transmitters are authorized transmitters that are providing service to subscribers. (e) <E T="03">Adjacent channel protection.</E> The ERP of base and fixed transmitters must not exceed 500 Watts if they transmit on channel 454.025 MHz and are located less than 7 kilometers (4.3 miles) from any Private Radio Services station receiving on adjacent channel 454.0000 MHz. (f) <E T="03">Mobile transmitters.</E> The transmitter output power of mobile transmitters must not exceed 60 watts. (g) <E T="03">Other transmitters.</E> The ERP of dispatch and auxiliary test transmitters must not exceed 100 watts. </SECTION> <SECTION> <SECTNO>§ 22.567</SECTNO> <SUBJECT>Technical channel assignment criteria.</SUBJECT> The rules in this section establish technical assignment criteria for the channels listed in § 22.561. The criteria in paragraphs (a) through (f) of this section permit channel assignments to be made in a manner such that reception by public mobile receivers of signals from base transmitters, within the service area of such base transmitters, is protected from interference caused by the operation of independent co-channel base and fixed transmitters in the Paging and Radiotelephone Service and central office stations, including Basic Exchange Telephone Radio Systems (BETRS), in the Rural Radiotelephone Service. Additional criteria in paragraph (g) of this section permit channel assignments to be made in a manner such that BETRS communications are protected from interference caused by the operation of independent co-channel base and fixed transmitters in the Paging and Radiotelephone Service and other central office stations in the Rural Radiotelephone Service. Separate criteria in paragraph (h) of this section apply only to assignment of the channels designated in § 22.561 as mobile channels to base and fixed transmitters, and permit these channel assignments to be made in a manner such that reception by public base and fixed receivers of signals from associated mobile and fixed transmitters is protected from interference <PRTPAGE P="155"/>caused by the operation of independent co-channel base and fixed transmitters. (a) <E T="03">Contour overlap.</E> The FCC may grant an application requesting assignment of a channel to a proposed base, fixed or central office station transmitter only if: (1) The interfering contour of the proposed transmitter does not overlap the service contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless that carrier has agreed in writing to accept any interference that may result from operation of the proposed transmitter; and (2) The service contour of the proposed transmitter does not overlap the interfering contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless the application contains a statement that the applicant agrees to accept any interference that may result from operation of the protected co-channel transmitter; and (3) The area and/or population to which service would be provided by the proposed transmitter is substantial, and service gained would exceed that lost as a result of agreements to accept interference. (b) <E T="03">Protected transmitter.</E> For the purposes of this section, protected transmitters are authorized transmitters for which there is a current FCC public record and transmitters proposed in prior-filed pending applications, in the Paging and Radiotelephone Service and the Rural Radiotelephone Service. (c) <E T="03">VHF service contour.</E> For base stations transmitting on the VHF channels, the radial distance from the transmitting antenna to the service contour along each cardinal radial is calculated as follows: <FP SOURCE="FP-2">d=1.609×h<E T="51">0.40</E> × p<E T="51">0.20</E> </FP> <FP>where:</FP> <FP SOURCE="FP-2">d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. (2) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. (3) The distance from the transmitting antenna to the service contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the service contour using the formula in paragraph (c) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. (d) <E T="03">VHF interfering contour.</E> For base and fixed stations transmitting on the VHF channels, the radial distance from the transmitting antenna to the interfering contour along each cardinal radial is calculated as follows: (1) If the radial antenna HAAT is less than 150 meters: <FP SOURCE="FP-2">d=8.577×h<E T="51">0.24</E>×p<E T="51">0.19</E> </FP> <FP>where:</FP> <FP SOURCE="FP-2">d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. (2) If the radial antenna HAAT is 150 meters or more: <FP SOURCE="FP-2">d=12.306×h<E T="51">0.23</E>×p<E T="51">0.14</E> </FP> <FP>where:</FP> <FP SOURCE="FP-2">d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> (3) The value used for p in the above formulas must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. (4) The distance from the transmitting antenna to the interfering contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the interfering contour using the appropriate formula in paragraph (d) of this section with actual HAAT and ERP data for the inter-station radial and additional radials <PRTPAGE P="156"/>above and below the inter-station radial at 2.5° intervals. (e) <E T="03">UHF service contour.</E> For base stations transmitting on the UHF channels, the radial distance from the transmitting antenna to the service contour along each cardinal radial is calculated as follows: <FP SOURCE="FP-2">d=1.726×h<E T="51">0.35</E>×p<E T="51">0.18</E> </FP> <FP>where:</FP> <FP SOURCE="FP-2">d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. (2) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. (3) The distance from the transmitting antenna to the service contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the service contour using the formula in paragraph (e) of this section with actual HAAT and ERP data for the inter-station radial and addition radials above and below the below the inter-station radial at 2.5° intervals. (f) <E T="03">UHF interfering contour.</E> For base and fixed stations transmitting on the UHF channels, the radial distance from the transmitting antenna to the interfering contour along each cardinal radial is calculated as follows: (1) If the radial antenna HAAT is less than 150 meters: <FP SOURCE="FP-2">d=9.471×h<E T="51">0.23</E>×p<E T="51">0.15</E> </FP> <FP>where:</FP> <FP SOURCE="FP-2">d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. (2) If the radial antenna HAAT is 150 meters or more: <FP SOURCE="FP-2">d=6.336×h<E T="51">0.31</E>×p<E T="51">0.15</E> </FP> <FP>where:</FP> <FP SOURCE="FP-2">d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> (3) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. (4) The distance from the transmitting antenna to the interfering contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the interfering contour using the appropriate formula in paragraph (f) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. (g) <E T="03">Protection for BETRS.</E> In applying the provisions of paragraph (a) of this section, if either or both of the transmitters involved is a BETRS central office station, the following contour substitutions must be used: (1) The service contour of the BETRS central office station(s) is a circle, centered on the central office station antenna, with a radius of 40 kilometers (25 miles). (2) The interfering contour of any station of any type, when determining whether it would overlap the service contour of a BETRS central office station, is calculated as follows: <FP SOURCE="FP-2">d=36.364×h<E T="51">0.2</E>× p<E T="51">0.1</E> </FP> <FP>where:</FP> <FP SOURCE="FP-2">d is the radial distance in kilometers</FP> <FP SOURCE="FP-2">h is the radial antenna HAAT in meters</FP> <FP SOURCE="FP-2">p is the radial ERP in Watts</FP> Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. (h) <E T="03">Assignment of mobile channels to base or fixed transmitters.</E> Mobile channels may be assigned to base or fixed transmitters if the following criteria are met:<PRTPAGE P="157"/> (1) The paired base channel, as designated in § 22.561, is assigned to base transmitters in the same geographical area operated by the same licensee. (2) The authorization is granted subject to the condition that no interference be caused to fixed receivers in use on or prior to the date of the grant. </SECTION> <SECTION> <SECTNO>§ 22.569</SECTNO> <SUBJECT>Additional channel policies.</SUBJECT> The rules in this section govern the processing of applications for a mobile channel when the applicant has applied or been granted an authorization for other mobile channels in the same geographic area. This section applies to applications proposing to use the channels listed in § 22.561, except applications that propose to use these channels to provide paging service only, which are subject to § 22.539, instead of this section. The general policy of the FCC is to assign no more than two channels in an area to a carrier per application cycle. That is, a carrier must apply for no more than two channels, receive the authorization, construct the station, provide service to subscribers, and notify the FCC of commencement of service to subscribers (FCC Form 489) before applying for additional mobile channels in that area. (a) <E T="03">Transmitters in same area.</E> Any transmitter on any channel listed in § 22.561 is considered to be in the same geographic area as another transmitter or any other channel listed in § 22.561 if: (1) One transmitter location is within the service area of the other transmitter; or, (2) The area within the overlap of the service contours of the two transmitters constitutes 50 percent or more of the service area of either of the transmitters. (b) <E T="03">Initial channel.</E> The FCC will not assign more than two channels for new stations. Stations are considered to be new if there are no authorized transmitters on any channel listed in § 22.561 controlled by the applicant in the same geographic area. (c) <E T="03">Additional channel.</E> Applications for transmitters to be located in the same geographic area as an authorized station controlled by the applicant, but to operate on a different channel, are considered as requests for an additional channel for the authorized station, unless paragraph (d) of this section applies. (d) <E T="03">Additional transmitters on same channel.</E> Notwithstanding other provisions of this section, the following applications are not considered to be requests for an additional channel: (1) Applications for transmitters to be located in the same geographic area as an authorized station controlled by the applicant, and to operate on the same paging channel; (2) Applications for transmitters to be located within a paging geographic area for which the applicant holds the paging geographic area authorization for the requested channel; and, (3) Applications for paging geographic area authorizations. (e) [Reserved] (f) <E T="03">Dismissal of application constituting cumulative request for more than two channels.</E> If the FCC receives an application for a transmitter to be located in the same geographic area as a transmitter proposed in a pending application previously filed by the applicant, but on different channels such that, considered together, the applications would constitute a request for more than two channels, the FCC may dismiss the subsequent application without prejudice. (g) <E T="03">Dismissal of premature applications for additional channel.</E> If the FCC receives an application requesting two additional channels (or one additional channel) for an authorized station prior to receiving notification that the station is providing service to subscribers on all (or all except one) of the authorized channels, the FCC may dismiss that application without prejudice. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.571</SECTNO> <SUBJECT>Responsibility for mobile stations.</SUBJECT> Mobile stations that are subscribers in good standing to a two-way service in the Paging and Radiotelephone Service, when receiving service from that station, are considered to be operating under the authorization of that station. Licensees are responsible for exercising effective operational control over mobile stations receiving service through their stations. Mobile stations <PRTPAGE P="158"/>that are subscribers in good standing to a two-way service in the Paging and Radiotelephone Service, while receiving service from a different station, are considered to be operating under the authorization of such different station. The licensee of such different station is responsible, during such temporary period, for exercising effective operational control over such mobile stations as if they were subscribers to it. </SECTION> <SECTION> <SECTNO>§ 22.573</SECTNO> <SUBJECT>Use of base transmitters as repeaters.</SUBJECT> As an additional function, base transmitters may be used as repeaters. Licensees must be able to turn the base transmitter on or off from the control point regardless of whether a subscriber-operated transmitter is transmitting. </SECTION> <SECTION> <SECTNO>§ 22.575</SECTNO> <SUBJECT>Use of mobile channel for remote control of station functions.</SUBJECT> Carriers may remotely control station functions (e.g. shut down or reactivate base transmitters, turn aviation obstruction warning lights on or off, etc.) using a control transmitter operating on a mobile channel, subject to the conditions in this section and in § 22.567(h). (a) The control transmitter must be capable of overriding transmissions from subscriber-operated transmitters if necessary. Subscriber-operated transmitters must not be capable of being used to deliberately or accidentally prevent the licensee from controlling the station. (b) The licensee must implement measures designed to prevent station functions from being controlled by persons not authorized by the licensee to control the station. (c) The control transmitter location must be within the composite service contour of the licensee's authorized station on the paired base channel. </SECTION> <SECTION> <SECTNO>§ 22.577</SECTNO> <SUBJECT>Dispatch service.</SUBJECT> Carriers licensed under this subpart may provide dispatch service in accordance with the rules in this section. (a) <E T="03">Installation without prior FCC approval.</E> A station licensee may install or remove dispatch points for subscribers without obtaining prior FCC approval. A station licensee may install or remove dispatch transmitters for subscribers without applying for specific authorization, provided that the following conditions are met. (1) Each dispatch transmitter must be able to transmit only on the mobile channel that is paired with the channel used by the base station. (2) The antenna of the dispatch transmitter must not exceed the criteria in § 17.7 of this chapter that determine whether the FAA must be notified of the proposed construction. (3) The output power of the dispatch transmitter must not exceed 10 Watts. (4) The dispatch transmitter must be incapable of overriding the functioning of any control transmitter that may be using the same channel. (5) The dispatch transmitter must be under the continuous supervision of the licensee. (b) <E T="03">Notification</E>. Licensees must notify the FCC (FCC Form 489) whenever a dispatch transmitter is installed pursuant to paragraph (a) of this section. The notification must include the name and address of the subscriber(s) for which the dispatch transmitter was installed, the location of the dispatch transmitter, the height of antenna structure above ground and above mean sea level, the channel(s) used, and the call sign and location of the base station. (c) <E T="03">Termination without hearing.</E> Operation of a dispatch transmitter pursuant to paragraphs (a) and (b) of this section may be terminated by the FCC without a hearing upon notice to the licensee. (d) <E T="03">Dispatch transmitters requiring authorization.</E> A dispatch transmitter that does not meet all of the requirements of paragraph (a) of this section may be installed only upon grant of an application for authorization therefor (FCC Form 600). (e) <E T="03">Permissible communications.</E> A dispatch transmitter operated by a subscriber may communicate only with mobile transmitters operated by that subscriber through the associated base transmitter. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 60 FR 15495, Mar. 24, 1995]</CITA> </SECTION> <SECTION> <PRTPAGE P="159"/> <SECTNO>§ 22.579</SECTNO> <SUBJECT>Operation of mobile transmitters across U.S.-Canada border.</SUBJECT> Mobile stations licensed by Canada may receive two-way service while in the United States from stations licensed under this part, after authorization has been granted by the FCC. Mobile stations that normally operate under the authority of base stations licensed under this part may receive two-way service while in Canada from stations licensed under this part or by Canada, upon authorization by Canada. </SECTION> <SECTION> <SECTNO>§ 22.589</SECTNO> <SUBJECT>One-way or two-way application requirements.</SUBJECT> In addition to information required by subparts B and D and § 22.529, applications for authorization to operate a paging transmitter on the channels listed in § 22.531, other than applications for a paging geographic area authorization, must contain the applicable supplementary information described in this section. (a) <E T="03">Interference exhibit.</E> Except as provided in paragraph (b) of this section, an exhibit demonstrating compliance with § 22.567 with regard to protected transmitters is required. This exhibit must: (1) For UHF channels, identify each protected transmitter located within 108 kilometers (67 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 76.4 kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 76.4 kilometers (47.5 miles); and identify each protected Basic Exchange Telephone Radio System central office transmitter in the Rural Radiotelephone Service within 231 kilometers (144 miles), (2) For VHF channels, identify each protected transmitter located within 135 kilometers (84 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 93.3 kilometers (58 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 93.3 kilometers (58 miles). (3) For each protected transmitter identified, show the results of distance calculations indicating that there would be no overlap of service and interfering contours, or alternatively, indicate that the licensee of or applicant for the protected transmitter and/or the applicant, as required, have agreed in writing to accept any interference resulting from operation of the proposed transmitter. (b) <E T="03">Encompassment exhibit.</E> An exhibit showing that the area within the interfering contour of the proposed transmitter would be totally encompassed by interfering contours of operating co-channel base transmitters controlled by the applicant is required for applications to operate a transmitter with ERP exceeding the basic power and height-power limits of § 22.565. This encompassment exhibit may substitute for the interference exhibit required in paragraph (a) of this section. <CITA>[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Point-to-Point Operation</HD> <SECTION> <SECTNO>§ 22.591</SECTNO> <SUBJECT>Channels for point-to-point operation.</SUBJECT> The following channels are allocated for assignment to fixed transmitters that support other transmitters that provide public mobile service. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. <GPOTABLE CDEF="xl12,xl12,xl12,xl12" COLS="4" OPTS="L0,7/8,g1,t1,i1"> <ROW EXPSTB="03"> <ENT I="21">VHF Channels </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">72.02 </ENT> <ENT>72.36 </ENT> <ENT>72.80 </ENT> <ENT>75.66</ENT> </ROW> <ROW> <ENT I="01">72.04 </ENT> <ENT>72.38 </ENT> <ENT>72.82 </ENT> <ENT>75.68</ENT> </ROW> <ROW> <ENT I="01">72.06 </ENT> <ENT>72.40 </ENT> <ENT>72.84 </ENT> <ENT>75.70</ENT> </ROW> <ROW> <ENT I="01">72.08 </ENT> <ENT>72.42 </ENT> <ENT>72.86 </ENT> <ENT>75.72</ENT> </ROW> <ROW> <ENT I="01">72.10 </ENT> <ENT>72.46 </ENT> <ENT>72.88 </ENT> <ENT>75.74</ENT> </ROW> <ROW> <ENT I="01">72.12 </ENT> <ENT>72.50 </ENT> <ENT>72.90 </ENT> <ENT>75.76</ENT> </ROW> <ROW> <ENT I="01">72.14 </ENT> <ENT>72.54 </ENT> <ENT>72.92 </ENT> <ENT>75.78</ENT> </ROW> <ROW> <ENT I="01">72.16 </ENT> <ENT>72.58 </ENT> <ENT>72.94 </ENT> <ENT>75.80</ENT> </ROW> <ROW> <ENT I="01">72.18 </ENT> <ENT>72.62 </ENT> <ENT>72.96 </ENT> <ENT>75.82</ENT> </ROW> <ROW> <ENT I="01">72.20 </ENT> <ENT>72.64 </ENT> <ENT>72.98 </ENT> <ENT>75.84</ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">VHF Channels_Continued</ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">72.22 </ENT> <ENT>72.66 </ENT> <ENT>75.42 </ENT> <ENT>75.86</ENT> </ROW> <ROW> <ENT I="01">72.24 </ENT> <ENT>72.68 </ENT> <ENT>75.46 </ENT> <ENT>75.88</ENT> </ROW> <ROW> <ENT I="01">72.26 </ENT> <ENT>72.70 </ENT> <ENT>75.50 </ENT> <ENT>75.90</ENT> </ROW> <ROW> <ENT I="01">72.28 </ENT> <ENT>72.72 </ENT> <ENT>75.54 </ENT> <ENT>75.92</ENT> </ROW> <ROW> <ENT I="01">72.30 </ENT> <ENT>72.74 </ENT> <ENT>75.58 </ENT> <ENT>75.94</ENT> </ROW> <ROW> <ENT I="01">72.32 </ENT> <ENT>72.76 </ENT> <ENT>75.62 </ENT> <ENT>75.96</ENT> </ROW> <ROW> <ENT I="01">72.34 </ENT> <ENT>72.78 </ENT> <ENT>75.64 </ENT> <ENT>75.98 </ENT> </ROW> <ROW> <ENT I="01">72.10 </ENT> <ENT>72.46 </ENT> <ENT>72.88 </ENT> <ENT>75.74</ENT> </ROW> <ROW> <ENT I="01">72.12 </ENT> <ENT>72.50 </ENT> <ENT>72.90 </ENT> <ENT>75.76</ENT> </ROW> <ROW> <ENT I="01">72.14 </ENT> <ENT>72.54 </ENT> <ENT>72.92 </ENT> <ENT>75.78</ENT> </ROW> <ROW> <ENT I="01">72.16 </ENT> <ENT>72.58 </ENT> <ENT>72.94 </ENT> <ENT>75.80</ENT> </ROW> <ROW> <ENT I="01">72.18 </ENT> <ENT>72.62 </ENT> <ENT>72.96 </ENT> <ENT>75.82</ENT> </ROW> <ROW> <PRTPAGE P="160"/> <ENT I="01">72.20 </ENT> <ENT>72.64 </ENT> <ENT>72.98 </ENT> <ENT>75.84</ENT> </ROW> <ROW> <ENT I="01">72.22 </ENT> <ENT>72.66 </ENT> <ENT>75.42 </ENT> <ENT>75.86</ENT> </ROW> <ROW> <ENT I="01">72.24 </ENT> <ENT>72.68 </ENT> <ENT>75.46 </ENT> <ENT>75.88</ENT> </ROW> <ROW> <ENT I="01">72.26 </ENT> <ENT>72.70 </ENT> <ENT>75.50 </ENT> <ENT>75.90</ENT> </ROW> <ROW> <ENT I="01">72.28 </ENT> <ENT>72.72 </ENT> <ENT>75.54 </ENT> <ENT>75.92</ENT> </ROW> <ROW> <ENT I="01">72.30 </ENT> <ENT>72.74 </ENT> <ENT>75.58 </ENT> <ENT>75.94</ENT> </ROW> <ROW> <ENT I="01">72.32 </ENT> <ENT>72.76 </ENT> <ENT>75.62 </ENT> <ENT>75.96</ENT> </ROW> <ROW> <ENT I="01">72.34 </ENT> <ENT>72.78 </ENT> <ENT>75.64 </ENT> <ENT>75.98 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21"> UHF Channels—State of Hawaii </ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s10,xl10,r10,xl10" COLS="4" OPTS="L0,ns,7/8,g1,t1,i1"> <ROW EXPSTB="00"> <ENT I="01">488.250 </ENT> <ENT>491.250 </ENT> <ENT>489.750 </ENT> <ENT>492.750</ENT> </ROW> <ROW> <ENT I="01">488.750 </ENT> <ENT>491.750 </ENT> <ENT>490.250 </ENT> <ENT>493.250</ENT> </ROW> <ROW> <ENT I="01">489.250 </ENT> <ENT>492.250 </ENT> <ENT>490.750 </ENT> <ENT>493.750</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="xl10,xl10" COLS="2" OPTS="L2(0,,),p1,7/8,i1"> <TTITLE>Microwave Channels</TTITLE> <TDESC>[Bandwidth individually assigned]</TDESC> <BOXHD> <CHED H="1"/> <CHED H="1"/> </BOXHD> <ROW> <ENT I="01">2110.1 </ENT> <ENT>2160.1</ENT> </ROW> <ROW> <ENT I="01">2110.2 </ENT> <ENT>2160.2</ENT> </ROW> <ROW> <ENT I="01">2110.3 </ENT> <ENT>2160.3</ENT> </ROW> <ROW> <ENT I="01">2129.9 </ENT> <ENT>2179.9</ENT> </ROW> </GPOTABLE> (a) The 72-76 MHz channels may be assigned under developmental authority pursuant to the requirements of § 22.413. The 72-76 MHz channels may also be used in point-to-multipoint configurations. The 72-76 MHz channels are also allocated for assignment in the Private Radio Services (see part 90 of this chapter). (b) Channels in the frequency ranges 2110-2130 and 2160-2180 MHz are also allocated for assignment in the broadband Personal Communications Service (see part 24 of this chapter), the Multipoint Distribution Service and the Point-to-Point Microwave Radio Service (see part 21 of this chapter). Assignment of channels in these ranges is subject to the transition rules in § 22.602. (c) Channels in the frequency ranges 488.250-490.750 and 491.250-493.750 MHz may be assigned only to inter-island fixed stations located in the State of Hawaii. <CITA>[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.593</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> The effective radiated power of fixed stations operating on the channels listed in § 22.591 must not exceed 150 Watts. The equivalent isotropic radiated power of fixed stations operating in the frequency ranges 2110-2130 and 2160-2180 MHz must not exceed the limits set forth in part 21 of this chapter for stations operating in these frequency ranges. </SECTION> <SECTION> <SECTNO>§ 22.599</SECTNO> <SUBJECT>Assignment of 72-76 MHz channels.</SUBJECT> Because of the potential for interference to the reception of TV Channels 4 and 5 by broadcast television sets and video recorders, assignments of the 72-76 MHz channels are subject to the following conditions: (a) Assignments of 72-76 MHz channels for use within 129 kilometers (80 miles) of a full service TV station transmitting on TV Channel 4 or 5 are subject to the condition that the licensee must eliminate any interference caused to television reception on TV Channels 4 and 5. If the FCC notifies the licensee of an interference problem and the licensee does not resolve the problem within 90 days of such notification, operation of the interfering 72-76 MHz fixed station must be immediately discontinued. (b) 72-76 MHz channels may be assigned for use within 16 kilometers (10 miles) of a full service TV station transmitting on TV Channel 4 or 5 under a developmental authorization, pursuant to § 22.413. However, for use within 50 meters (164 feet) of a TV station transmitting on TV Channel 4 or 5, 72-76 MHZ channels may be assigned under a regular authorization, rather than a developmental authorization. </SECTION> <SECTION> <SECTNO>§ 22.601</SECTNO> <SUBJECT>Assignment of microwave channels.</SUBJECT> Assignment of the microwave channels listed in § 22.591 is subject to the transition rules in § 22.602. No new systems will be authorized under this part. (a) <E T="03">Coordination required.</E> Before filing applications for authority to modify existing stations on these channels or major amendments to such applications, carriers must coordinate the planned channel usage, using the procedure outlined in § 22.150, with affected parties in this radio service and the Point-to-Point Microwave Service and the Multipoint Distribution Service. Affected parties are licensees and other applicants with previously filed pending applications whose stations could affect or be affected by the proposed <PRTPAGE P="161"/>modification of the existing station in terms of interference. (b) <E T="03">System parameters.</E> In designing a system modification, the applicant must select sites, equipment and channels that will avoid harmful interference to other users. All parties must cooperate fully and make reasonable efforts to resolve technical problems and conflicts that may inhibit the most effective and efficient use of the radio spectrum; however, a party receiving notification is not obligated to suggest changes or re-design a proposal in cases involving conflicts. The applicant must identify in the application all parties with which the technical proposal was coordinated. In the event that technical problems are not resolved or if an affected party does not respond to coordination efforts within 30 days after notification, an explanation must be contained in the application. Where technical conflicts are resolved by an agreement between the parties that requires special procedures to reduce the likelihood of harmful interference (such as the use of artificial site shielding), or would result in a reduction of quality or capacity of either system, the details thereof must be contained in the application. (c) <E T="03">Bandwidth.</E> Applicants must request the minimum emission bandwidth necessary. The FCC does not authorize bandwidths larger than 800 kHz under this part. </SECTION> <SECTION> <SECTNO>§ 22.602</SECTNO> <SUBJECT>Transition of the 2110-2130 and 2160-2180 MHz channels to emerging technologies.</SUBJECT> The microwave channels listed in § 22.591 have been allocated for use by emerging technologies (ET) services. No new systems will be authorized under this part. The rules in this section provide for a transition period during which existing Paging and Radiotelephone Service (PARS) licensees using these channels may relocate operations to other media or to other fixed channels, including those in other microwave bands. For PARS licensees relocating operations to other microwave bands, authorization must be obtained under part 101 of this chapter. (a) Licensees proposing to implement ET services may negotiate with PARS licensees authorized to use these channels, for the purpose of agreeing to terms under which the PARS licensees would— (1) Relocate their operations to other fixed microwave bands or other media, or alternatively, (2) Accept a sharing arrangement with the ET licensee that may result in an otherwise impermissible level of interference to the PARS operations. (b) PARS operations on these channels will continue to be co-primary with other users of this spectrum until two years after the FCC commences acceptance of applications for ET services, and until one year after an ET licensee initiates negotiations for relocation of the fixed microwave licensee's operations. (c) <E T="03">Voluntary Negotiations.</E> During the two year voluntary negotiation period, negotiations are strictly voluntary and are not defined by any parameters. However, if the parties have not reached an agreement within one year after the commencement of the voluntary period, the PARS licensee must allow the ET licensee (if it so chooses) to gain access to the existing facilities to be relocated so that an independent third party can examine the PARS licensee's 2 GHz system and prepare an estimate of the cost and the time needed to relocate the PARS licensee to comparable facilities. The ET licensee must pay for any such estimate. (d) <E T="03">Mandatory Negotiations.</E> If a relocation agreement is not reached during the two year voluntary period, the ET licensee may initiate a mandatory negotiation period. This mandatory period is triggered at the option of the ET licensee, but ET licensees may not invoke their right to mandatory negotiation until the voluntary negotiation period has expired. Once mandatory negotiations have begun, a PARS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, <E T="03">inter alia,</E> the following factors: (1) Whether the ET licensee has made a <E T="03">bona fide</E> offer to relocate the PARS <PRTPAGE P="162"/>licensee to comparable facilities in accordance with Section 101.75(b) of this chapter; (2) If the PARS licensee has demanded a premium, the type of premium requested (<E T="03">e.g.,</E> whether the premium is directly related to relocation, such as system-wide relocations and analog-to-digital conversions, versus other types of premiums), and whether the value of the premium as compared to the cost of providing comparable facilities is disproportionate (<E T="03">i.e.,</E> whether there is a lack of proportion or relation between the two); (3) What steps the parties have taken to determine the actual cost of relocation to comparable facilities; (4) Whether either party has withheld information requested by the other party that is necessary to estimate relocation costs or to facilitate the relocation process. Any party alleging a violation of our good faith requirement must attach an independent estimate of the relocation costs in question to any documentation filed with the Commission in support of its claim. An independent cost estimate must include a specification for the comparable facility and a statement of the costs associated with providing that facility to the incumbent licensee. (e) <E T="03">Involuntary period.</E> After the periods specified in paragraph (b) of this section have expired, ET licensees may initiate involuntary relocation procedures under the Commission's rules. ET licensees are obligated to pay to relocate only the specific microwave links to which their systems pose an interference problem. Under involuntary relocation, a PARS licensee is required to relocate, provided that: (1) The ET applicant, provider, licensee or representative guarantees payment of relocation costs, including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses incurred by the PARS licensee that are directly attributable to an involuntary relocation, subject to a cap of two percent of the hard costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. ET licensees are not required to pay PARS licensees for internal resources devoted to the relocation process. ET licensees are not required to pay for transaction costs incurred by PARS licensees during the voluntary or mandatory periods once the involuntary period is initiated or for fees that cannot be legitimately tied to the provision of comparable facilities; (2) The ET applicant, provider, licensee or representative completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are involved, identifying and obtaining, on the incumbents behalf, new channels and frequency coordination; and, (3) The ET applicant, provider, licensee or representative builds the replacement system and tests it for comparability with the existing 2 GHz system. (f) <E T="03">Comparable Facilities.</E> The replacement system provided to an incumbent during an involuntary relocation must be at least equivalent to the existing PARS system with respect to the following three factors: (1) <E T="03">Throughput.</E> Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, the ET licensee is required to provide the PARS licensee with an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, the ET licensee must provide the PARS licensee with equivalent data loading bits per second (bps). ET licensees must provide PARS licensees with enough throughput to satisfy the PARS licensee's system use at the time of relocation, not match the total capacity of the PARS system. (2) <E T="03">Reliability.</E> System reliability is the degree to which information is transferred accurately within a system. ET licensees must provide PARS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmissions, it is measured by the percent of time that audio signal quality meets an established threshold. If <PRTPAGE P="163"/>an analog voice system is replaced with a digital voice system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability. (3) <E T="03">Operating Costs.</E> Operating costs are the cost to operate and maintain the PARS system. ET licensees must compensate PARS licensees for any increased recurring costs associated with the replacement facilities (e.g. additional rental payments, increased utility fees) for five years after relocation. ET licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the PARS licensee must be equivalent to the 2 GHz system in order for the replacement system to be considered comparable. (g) The PARS 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. (h) <E T="03">The Commission's Twelve-Month Trial Period.</E> If, within one year after the relocation to new facilities, the PARS licensee demonstrates that the new facilities are not comparable to the former facilities, the ET applicant, provider, licensee or representative must remedy the defects or pay to relocate the PARS licensee to one of the following: its former or equivalent 2 GHz channels, another comparable frequency band, a land-line system, or any other facility that satisfies the requirements specified in paragraph (f) of this section. This trial period commences on the date that the PARS licensee begins full operation of the replacement link. If the PARS licensee has retained its 2 GHz authorization during the trial period, it must return the license to the Commission at the end of the twelve months. (i) After April 25, 1996, all major modifications and extensions to existing PARS systems operating on channels in the 2110-2130 and 2160-2180 MHz bands will be authorized on a secondary basis to future ET operations. All other modifications will render the modified PARS license secondary to future ET operations unless the incumbent affirmatively justifies primary status and the incumbent PARS licensee establishes that the modification would not add to the relocation costs of ET licensees. Incumbent PARS licensees will maintain primary status for the following technical changes: (1) Decreases in power; (2) Minor changes (increases or decreases) in antenna height; (3) Minor location changes (up to two seconds); (4) Any data correction which does not involve a change in the location of an existing facility; (5) Reductions in authorized bandwidth; (6) Minor changes (increases or decreases) in structure height; (7) Changes (increases or decreases) in ground elevation that do not affect centerline height; (8) Minor equipment changes. (j) <E T="03">Sunset.</E> PARS licensees will maintain primary status in the 2110-2130 and 2160-2180 MHz bands unless and until an ET licensee requires use of the spectrum. ET licensees are not required to pay relocation costs after the relocation rules sunset (<E T="03">i.e.</E> ten years after the voluntary period begins for the first ET licensees in the service). Once the relocation rules sunset, an ET licensee may require the incumbent to cease operations, provided that the ET licensee intends to turn on a system within interference range of the incumbent, as determined by TIA Bulletin 10-F or any standard successor. ET licensee notification to the affected PARS licensee must be in writing and must provide the incumbent with no less than six months to vacate the spectrum. After the six-month notice period has expired, the PARS licensee must turn its license back into the Commission, unless the parties have entered into an agreement which allows the PARS licensee to continue to operate on a mutually agreed upon basis. If the parties cannot agree on a schedule or an alternative arrangement, requests for extension will be accepted and reviewed on a case-by-case basis. The Commission will grant such extensions only if the incumbent can demonstrate that:<PRTPAGE P="164"/> (1) It cannot relocate within the six-month period (<E T="03">e.g.</E>, because no alternative spectrum or other reasonable option is available), and; (2) The public interest would be harmed if the incumbent is forced to terminate operations (<E T="03">e.g.</E>, if public safety communications services would be disrupted). <CITA>[61 FR 29689, June 12, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.603</SECTNO> <SUBJECT>488-494 MHz fixed service in Hawaii.</SUBJECT> Before filing applications for authorization of inter-island control and/or repeater stations, applicants must coordinate the planned channel usage with existing licensees and other applicants with previously filed applications, using the procedure outlined in § 22.150. Applicants and licensees shall cooperate fully and make reasonable efforts to resolve any channel usage conflicts. In situations where technical solutions to such conflicts cannot be devised, the FCC may select a channel or channels to assign or may designate the application(s) for hearing. To be acceptable for filing, applications and major technical amendments must contain a certification that coordination has been completed and an exhibit listing the name(s) of the licensees and applicants with which the planned channel usage has been coordinated. </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Point-to-Multipoint Operation</HD> <SECTION> <SECTNO>§ 22.621</SECTNO> <SUBJECT>Channels for point-to-multipoint operation.</SUBJECT> The following channels are allocated for assignment to transmitters utilized within point-to-multipoint systems that support transmitters that provide public mobile service. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. <GPOTABLE CDEF="s15,xl15,r15,xl15" COLS="4" OPTS="L0,b0,6/7,g1,t1,i1"> <ROW EXPSTB="03"> <ENT I="21">Public Mobile Pool </ENT> </ROW> <ROW> <ENT I="21">(25 kHz bandwidth) </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">928.8625 </ENT> <ENT>959.8625 </ENT> <ENT>928.9375 </ENT> <ENT>959.9375</ENT> </ROW> <ROW> <ENT I="01">928.8875 </ENT> <ENT>959.8875 </ENT> <ENT>928.9625 </ENT> <ENT>959.9625</ENT> </ROW> <ROW> <ENT I="01">928.9125 </ENT> <ENT>959.9125 </ENT> <ENT>928.9875 </ENT> <ENT>959.9875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">(12.5 kHz bandwidth) </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">928.85625 </ENT> <ENT>959.85625 </ENT> <ENT>928.93125 </ENT> <ENT>959.93125</ENT> </ROW> <ROW> <ENT I="01">928.86875 </ENT> <ENT>959.86875 </ENT> <ENT>928.94375 </ENT> <ENT>959.94375</ENT> </ROW> <ROW> <ENT I="01">928.88125 </ENT> <ENT>959.88125 </ENT> <ENT>928.95625 </ENT> <ENT>959.95625</ENT> </ROW> <ROW> <ENT I="01">928.89375 </ENT> <ENT>959.89375 </ENT> <ENT>928.96875 </ENT> <ENT>959.96875</ENT> </ROW> <ROW> <ENT I="01">928.90625 </ENT> <ENT>959.90625 </ENT> <ENT>928.98125 </ENT> <ENT>959.98125</ENT> </ROW> <ROW> <ENT I="01">928.91875 </ENT> <ENT>959.91875 </ENT> <ENT>928.99375 </ENT> <ENT>959.99375 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Private Radio General Access Pool </ENT> </ROW> <ROW> <ENT I="21">(25 kHz bandwidth) </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">956.2625 </ENT> <ENT>956.3125 </ENT> <ENT>956.3625 </ENT> <ENT>956.4125</ENT> </ROW> <ROW> <ENT I="01">956.2875 </ENT> <ENT>956.3375 </ENT> <ENT>956.3875 </ENT> <ENT>956.4375 </ENT> </ROW> <ROW> <ENT I="01">928.0125 </ENT> <ENT>952.0125 </ENT> <ENT>928.1875 </ENT> <ENT>952.1875</ENT> </ROW> <ROW> <ENT I="01">928.0375 </ENT> <ENT>952.0375 </ENT> <ENT>928.2125 </ENT> <ENT>952.2125</ENT> </ROW> <ROW> <ENT I="01">928.0625 </ENT> <ENT>952.0625 </ENT> <ENT>928.2375 </ENT> <ENT>952.2375</ENT> </ROW> <ROW> <ENT I="01">928.0875 </ENT> <ENT>952.0875 </ENT> <ENT>928.2625 </ENT> <ENT>952.2625</ENT> </ROW> <ROW> <ENT I="01">928.1125 </ENT> <ENT>952.1125 </ENT> <ENT>928.2875 </ENT> <ENT>952.2875</ENT> </ROW> <ROW> <ENT I="01">928.1375 </ENT> <ENT>952.1375 </ENT> <ENT>928.3125 </ENT> <ENT>952.3125</ENT> </ROW> <ROW> <ENT I="01">928.1625 </ENT> <ENT>952.1625 </ENT> <ENT>928.3375 </ENT> <ENT>952.3375 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">(12.5 kHz bandwidth) </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">956.25625 </ENT> <ENT>956.30625 </ENT> <ENT>956.35625 </ENT> <ENT>956.40625</ENT> </ROW> <ROW> <ENT I="01">956.26875 </ENT> <ENT>956.31875 </ENT> <ENT>956.36875 </ENT> <ENT>956.41875</ENT> </ROW> <ROW> <ENT I="01">956.28125 </ENT> <ENT>956.33125 </ENT> <ENT>956.38125 </ENT> <ENT>956.43125</ENT> </ROW> <ROW> <ENT I="01">956.29375 </ENT> <ENT>956.34375 </ENT> <ENT>956.39375 </ENT> <ENT>956.44375 </ENT> </ROW> <ROW> <ENT I="01">928.00625 </ENT> <ENT>952.00625 </ENT> <ENT>928.18125 </ENT> <ENT>952.18125</ENT> </ROW> <ROW> <ENT I="01">928.01875 </ENT> <ENT>952.01875 </ENT> <ENT>928.19375 </ENT> <ENT>952.19375</ENT> </ROW> <ROW> <ENT I="01">928.03125 </ENT> <ENT>952.03125 </ENT> <ENT>928.20625 </ENT> <ENT>952.20625</ENT> </ROW> <ROW> <ENT I="01">928.04375 </ENT> <ENT>952.04375 </ENT> <ENT>928.21875 </ENT> <ENT>952.21875</ENT> </ROW> <ROW> <ENT I="01">928.05625 </ENT> <ENT>952.05625 </ENT> <ENT>928.23125 </ENT> <ENT>952.23125</ENT> </ROW> <ROW> <ENT I="01">928.06875 </ENT> <ENT>952.06875 </ENT> <ENT>928.24375 </ENT> <ENT>952.24375</ENT> </ROW> <ROW> <ENT I="01">928.08125 </ENT> <ENT>952.08125 </ENT> <ENT>928.25625 </ENT> <ENT>952.25625</ENT> </ROW> <ROW> <ENT I="01">928.09375 </ENT> <ENT>952.09375 </ENT> <ENT>928.26875 </ENT> <ENT>952.26875</ENT> </ROW> <ROW> <ENT I="01">928.10625 </ENT> <ENT>952.10625 </ENT> <ENT>928.28125 </ENT> <ENT>952.28125</ENT> </ROW> <ROW> <ENT I="01">928.11875 </ENT> <ENT>952.11875 </ENT> <ENT>928.29375 </ENT> <ENT>952.29375</ENT> </ROW> <ROW> <ENT I="01">928.13125 </ENT> <ENT>952.13125 </ENT> <ENT>928.30625 </ENT> <ENT>952.30625</ENT> </ROW> <ROW> <ENT I="01">928.14375 </ENT> <ENT>952.14375 </ENT> <ENT>928.31875 </ENT> <ENT>952.31875</ENT> </ROW> <ROW> <ENT I="01">928.15625 </ENT> <ENT>952.15625 </ENT> <ENT>928.33125 </ENT> <ENT>952.33125</ENT> </ROW> <ROW> <ENT I="01">928.16875 </ENT> <ENT>952.16875 </ENT> <ENT>928.34375 </ENT> <ENT>952.34375 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Private Radio Power Pool </ENT> </ROW> <ROW> <ENT I="21">(25 kHz bandwidth) </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">928.3625 </ENT> <ENT>952.3625 </ENT> <ENT>928.6125 </ENT> <ENT>952.6125</ENT> </ROW> <ROW> <ENT I="01">928.3875 </ENT> <ENT>952.3875 </ENT> <ENT>928.6375 </ENT> <ENT>952.6375</ENT> </ROW> <ROW> <ENT I="01">928.4125 </ENT> <ENT>952.4125 </ENT> <ENT>928.6625 </ENT> <ENT>952.6625</ENT> </ROW> <ROW> <ENT I="01">928.4375 </ENT> <ENT>952.4375 </ENT> <ENT>928.6875 </ENT> <ENT>952.6875</ENT> </ROW> <ROW> <ENT I="01">928.4625 </ENT> <ENT>952.4625 </ENT> <ENT>928.7125 </ENT> <ENT>952.7125</ENT> </ROW> <ROW> <ENT I="01">928.4875 </ENT> <ENT>952.4875 </ENT> <ENT>928.7375 </ENT> <ENT>952.7375</ENT> </ROW> <ROW> <ENT I="01">928.5125 </ENT> <ENT>952.5125 </ENT> <ENT>928.7625 </ENT> <ENT>952.7625</ENT> </ROW> <ROW> <ENT I="01">928.5375 </ENT> <ENT>952.5375 </ENT> <ENT>928.7875 </ENT> <ENT>952.7875</ENT> </ROW> <ROW> <ENT I="01">928.5625 </ENT> <ENT>952.5625 </ENT> <ENT>928.8125 </ENT> <ENT>952.8125</ENT> </ROW> <ROW> <ENT I="01">928.5875 </ENT> <ENT>952.5875 </ENT> <ENT>928.8375 </ENT> <ENT>952.8375 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">(12.5 kHz bandwidth) </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">928.35625 </ENT> <ENT>952.35625 </ENT> <ENT>928.60625 </ENT> <ENT>952.60625</ENT> </ROW> <ROW> <ENT I="01">928.36875 </ENT> <ENT>952.36875 </ENT> <ENT>928.61875 </ENT> <ENT>952.61875</ENT> </ROW> <ROW> <ENT I="01">928.38125 </ENT> <ENT>952.38125 </ENT> <ENT>928.63125 </ENT> <ENT>952.63125</ENT> </ROW> <ROW> <ENT I="01">928.39375 </ENT> <ENT>952.39375 </ENT> <ENT>928.64375 </ENT> <ENT>952.64375</ENT> </ROW> <ROW> <ENT I="01">928.40625 </ENT> <ENT>952.40625 </ENT> <ENT>928.65625 </ENT> <ENT>952.65625</ENT> </ROW> <ROW> <ENT I="01">928.41875 </ENT> <ENT>952.41875 </ENT> <ENT>928.66875 </ENT> <ENT>952.66875</ENT> </ROW> <ROW> <ENT I="01">928.43125 </ENT> <ENT>952.43125 </ENT> <ENT>928.68125 </ENT> <ENT>952.68125</ENT> </ROW> <ROW> <ENT I="01">928.44375 </ENT> <ENT>952.44375 </ENT> <ENT>928.69375 </ENT> <ENT>952.69375</ENT> </ROW> <ROW> <ENT I="01">928.45625 </ENT> <ENT>952.45625 </ENT> <ENT>928.70625 </ENT> <ENT>952.70625</ENT> </ROW> <ROW> <ENT I="01">928.46875 </ENT> <ENT>952.46875 </ENT> <ENT>928.71875 </ENT> <ENT>952.71875</ENT> </ROW> <ROW> <ENT I="01">928.48125 </ENT> <ENT>952.48125 </ENT> <ENT>928.73125 </ENT> <ENT>952.73125</ENT> </ROW> <ROW> <ENT I="01">928.49375 </ENT> <ENT>952.49375 </ENT> <ENT>928.74375 </ENT> <ENT>952.74375</ENT> </ROW> <ROW> <ENT I="01">928.50625 </ENT> <ENT>952.50625 </ENT> <ENT>928.75625 </ENT> <ENT>952.75625</ENT> </ROW> <ROW> <ENT I="01">928.51875 </ENT> <ENT>952.51875 </ENT> <ENT>928.76875 </ENT> <ENT>952.76875</ENT> </ROW> <ROW> <ENT I="01">928.53125 </ENT> <ENT>952.53125 </ENT> <ENT>928.78125 </ENT> <ENT>952.78125</ENT> </ROW> <ROW> <ENT I="01">928.54375 </ENT> <ENT>952.54375 </ENT> <ENT>928.79375 </ENT> <ENT>952.79375</ENT> </ROW> <ROW> <ENT I="01">928.55625 </ENT> <ENT>952.55625 </ENT> <ENT>928.80625 </ENT> <ENT>952.80625</ENT> </ROW> <ROW> <ENT I="01">928.56875 </ENT> <ENT>952.56875 </ENT> <ENT>928.81875 </ENT> <ENT>952.81875</ENT> </ROW> <ROW> <ENT I="01">928.58125 </ENT> <ENT>952.58125 </ENT> <ENT>928.83125 </ENT> <ENT>952.83125</ENT> </ROW> <ROW> <ENT I="01">928.59375 </ENT> <ENT>952.59375 </ENT> <ENT>928.84375 </ENT> <ENT>952.84375 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Public, Private, Government Shared Pool </ENT> </ROW> <ROW> <ENT I="21">(12.5 kHz bandwidth) </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">932.00625 </ENT> <ENT>941.00625 </ENT> <ENT>932.25625 </ENT> <ENT>941.25625</ENT> </ROW> <ROW> <ENT I="01">932.01875 </ENT> <ENT>941.01875 </ENT> <ENT>932.26875 </ENT> <ENT>941.26875</ENT> </ROW> <ROW> <ENT I="01">932.03125 </ENT> <ENT>941.03125 </ENT> <ENT>932.28125 </ENT> <ENT>941.28125</ENT> </ROW> <ROW> <ENT I="01">932.04375 </ENT> <ENT>941.04375 </ENT> <ENT>932.29375 </ENT> <ENT>941.29375</ENT> </ROW> <ROW> <ENT I="01">932.05625 </ENT> <ENT>941.05625 </ENT> <ENT>932.30625 </ENT> <ENT>941.30625</ENT> </ROW> <ROW> <PRTPAGE P="165"/> <ENT I="01">932.06875 </ENT> <ENT>941.06875 </ENT> <ENT>932.31875 </ENT> <ENT>941.31875</ENT> </ROW> <ROW> <ENT I="01">932.08125 </ENT> <ENT>941.08125 </ENT> <ENT>932.33125 </ENT> <ENT>941.33125</ENT> </ROW> <ROW> <ENT I="01">932.09375 </ENT> <ENT>941.09375 </ENT> <ENT>932.34375 </ENT> <ENT>941.34375</ENT> </ROW> <ROW> <ENT I="01">932.10625 </ENT> <ENT>941.10625 </ENT> <ENT>932.35625 </ENT> <ENT>941.35625</ENT> </ROW> <ROW> <ENT I="01">932.11875 </ENT> <ENT>941.11875 </ENT> <ENT>932.36875 </ENT> <ENT>941.36875</ENT> </ROW> <ROW> <ENT I="01">932.13125 </ENT> <ENT>941.13125 </ENT> <ENT>932.38125 </ENT> <ENT>941.38125</ENT> </ROW> <ROW> <ENT I="01">932.14375 </ENT> <ENT>941.14375 </ENT> <ENT>932.39375 </ENT> <ENT>941.39375</ENT> </ROW> <ROW> <ENT I="01">932.15625 </ENT> <ENT>941.15625 </ENT> <ENT>932.40625 </ENT> <ENT>941.40625</ENT> </ROW> <ROW> <ENT I="01">932.16875 </ENT> <ENT>941.16875 </ENT> <ENT>932.41875 </ENT> <ENT>941.41875</ENT> </ROW> <ROW> <ENT I="01">932.18125 </ENT> <ENT>941.18125 </ENT> <ENT>932.43125 </ENT> <ENT>941.43125</ENT> </ROW> <ROW> <ENT I="01">932.19375 </ENT> <ENT>941.19375 </ENT> <ENT>932.44375 </ENT> <ENT>941.44375</ENT> </ROW> <ROW> <ENT I="01">932.20625 </ENT> <ENT>941.20625 </ENT> <ENT>932.45625 </ENT> <ENT>941.45625</ENT> </ROW> <ROW> <ENT I="01">932.21875 </ENT> <ENT>941.21875 </ENT> <ENT>932.46875 </ENT> <ENT>941.46875</ENT> </ROW> <ROW> <ENT I="01">932.23125 </ENT> <ENT>941.23125 </ENT> <ENT>932.48125 </ENT> <ENT>941.48125</ENT> </ROW> <ROW> <ENT I="01">932.24375 </ENT> <ENT>941.24375 </ENT> <ENT>932.49375 </ENT> <ENT>941.49375 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">UHF Channels in Specified Urban Areas </ENT> </ROW> <ROW> <ENT I="21">Boston </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">470.0125 </ENT> <ENT>473.0125 </ENT> <ENT>482.0125 </ENT> <ENT>485.0125</ENT> </ROW> <ROW> <ENT I="01">470.0375 </ENT> <ENT>473.0375 </ENT> <ENT>482.0375 </ENT> <ENT>485.0375</ENT> </ROW> <ROW> <ENT I="01">470.0625 </ENT> <ENT>473.0625 </ENT> <ENT>482.0625 </ENT> <ENT>485.0625</ENT> </ROW> <ROW> <ENT I="01">470.0875 </ENT> <ENT>473.0875 </ENT> <ENT>482.0875 </ENT> <ENT>485.0875</ENT> </ROW> <ROW> <ENT I="01">470.1125 </ENT> <ENT>473.1125 </ENT> <ENT>482.1125 </ENT> <ENT>485.1125</ENT> </ROW> <ROW> <ENT I="01">470.1375 </ENT> <ENT>473.1375 </ENT> <ENT>482.1375 </ENT> <ENT>485.1375</ENT> </ROW> <ROW> <ENT I="01">470.1625 </ENT> <ENT>473.1625 </ENT> <ENT>482.1625 </ENT> <ENT>485.1625</ENT> </ROW> <ROW> <ENT I="01">470.1875 </ENT> <ENT>473.1875 </ENT> <ENT>482.1875 </ENT> <ENT>485.1875</ENT> </ROW> <ROW> <ENT I="01">470.2125 </ENT> <ENT>473.2125 </ENT> <ENT>482.2125 </ENT> <ENT>485.2125</ENT> </ROW> <ROW> <ENT I="01">470.2375 </ENT> <ENT>473.2375 </ENT> <ENT>482.2375 </ENT> <ENT>485.2375</ENT> </ROW> <ROW> <ENT I="01">470.2625 </ENT> <ENT>473.2625 </ENT> <ENT>482.2625 </ENT> <ENT>485.2625</ENT> </ROW> <ROW> <ENT I="01">470.2875 </ENT> <ENT>473.2875 </ENT> <ENT>482.2875 </ENT> <ENT>485.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Chicago, Cleveland </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">470.0125 </ENT> <ENT>473.0125 </ENT> <ENT>476.0125 </ENT> <ENT>479.0125</ENT> </ROW> <ROW> <ENT I="01">470.0375 </ENT> <ENT>473.0375 </ENT> <ENT>476.0375 </ENT> <ENT>479.0375</ENT> </ROW> <ROW> <ENT I="01">470.0625 </ENT> <ENT>473.0625 </ENT> <ENT>476.0625 </ENT> <ENT>479.0625</ENT> </ROW> <ROW> <ENT I="01">470.0875 </ENT> <ENT>473.0875 </ENT> <ENT>476.0875 </ENT> <ENT>479.0875</ENT> </ROW> <ROW> <ENT I="01">470.1125 </ENT> <ENT>473.1125 </ENT> <ENT>476.1125 </ENT> <ENT>479.1125</ENT> </ROW> <ROW> <ENT I="01">470.1375 </ENT> <ENT>473.1375 </ENT> <ENT>476.1375 </ENT> <ENT>479.1375</ENT> </ROW> <ROW> <ENT I="01">470.1625 </ENT> <ENT>473.1625 </ENT> <ENT>476.1625 </ENT> <ENT>479.1625</ENT> </ROW> <ROW> <ENT I="01">470.1875 </ENT> <ENT>473.1875 </ENT> <ENT>476.1875 </ENT> <ENT>479.1875</ENT> </ROW> <ROW> <ENT I="01">470.2125 </ENT> <ENT>473.2125 </ENT> <ENT>476.2125 </ENT> <ENT>479.2125</ENT> </ROW> <ROW> <ENT I="01">470.2375 </ENT> <ENT>473.2375 </ENT> <ENT>476.2375 </ENT> <ENT>479.2375</ENT> </ROW> <ROW> <ENT I="01">470.2625 </ENT> <ENT>473.2625 </ENT> <ENT>476.2625 </ENT> <ENT>479.2625</ENT> </ROW> <ROW> <ENT I="01">470.2875 </ENT> <ENT>473.2875 </ENT> <ENT>476.2875 </ENT> <ENT>479.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">New York-Northeastern New Jersey </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">470.0125 </ENT> <ENT>470.1625 </ENT> <ENT>476.0125 </ENT> <ENT>476.1625</ENT> </ROW> <ROW> <ENT I="01">470.0375 </ENT> <ENT>470.1875 </ENT> <ENT>476.0375 </ENT> <ENT>476.1875</ENT> </ROW> <ROW> <ENT I="01">470.0625 </ENT> <ENT>470.2125 </ENT> <ENT>476.0625 </ENT> <ENT>476.2125</ENT> </ROW> <ROW> <ENT I="01">470.0875 </ENT> <ENT>470.2375 </ENT> <ENT>476.0875 </ENT> <ENT>476.2375</ENT> </ROW> <ROW> <ENT I="01">470.1125 </ENT> <ENT>470.2625 </ENT> <ENT>476.1125 </ENT> <ENT>476.2625</ENT> </ROW> <ROW> <ENT I="01">470.1375 </ENT> <ENT>470.2875 </ENT> <ENT>476.1375 </ENT> <ENT>476.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Dallas-Forth Worth </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">482.0125 </ENT> <ENT>482.1625 </ENT> <ENT>485.0125 </ENT> <ENT>485.1625</ENT> </ROW> <ROW> <ENT I="01">482.0375 </ENT> <ENT>482.1875 </ENT> <ENT>485.0375 </ENT> <ENT>485.1875</ENT> </ROW> <ROW> <ENT I="01">482.0625 </ENT> <ENT>482.2125 </ENT> <ENT>485.0625 </ENT> <ENT>485.2125</ENT> </ROW> <ROW> <ENT I="01">482.0875 </ENT> <ENT>482.2375 </ENT> <ENT>485.0875 </ENT> <ENT>485.2375</ENT> </ROW> <ROW> <ENT I="01">482.1125 </ENT> <ENT>482.2625 </ENT> <ENT>485.1125 </ENT> <ENT>485.2625</ENT> </ROW> <ROW> <ENT I="01">482.1375 </ENT> <ENT>482.2875 </ENT> <ENT>485.1375 </ENT> <ENT>485.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Detroit </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">476.0125 </ENT> <ENT>479.0125 </ENT> <ENT>482.0125 </ENT> <ENT>485.0125</ENT> </ROW> <ROW> <ENT I="01">476.0375 </ENT> <ENT>479.0375 </ENT> <ENT>482.0375 </ENT> <ENT>485.0375</ENT> </ROW> <ROW> <ENT I="01">476.0625 </ENT> <ENT>479.0625 </ENT> <ENT>482.0625 </ENT> <ENT>485.0625</ENT> </ROW> <ROW> <ENT I="01">476.0875 </ENT> <ENT>479.0875 </ENT> <ENT>482.0875 </ENT> <ENT>485.0875</ENT> </ROW> <ROW> <ENT I="01">476.1125 </ENT> <ENT>479.1125 </ENT> <ENT>482.1125 </ENT> <ENT>485.1125</ENT> </ROW> <ROW> <ENT I="01">476.1375 </ENT> <ENT>479.1375 </ENT> <ENT>482.1375 </ENT> <ENT>485.1375</ENT> </ROW> <ROW> <ENT I="01">476.1625 </ENT> <ENT>479.1625 </ENT> <ENT>482.1625 </ENT> <ENT>485.1625</ENT> </ROW> <ROW> <ENT I="01">476.1875 </ENT> <ENT>479.1875 </ENT> <ENT>482.1875 </ENT> <ENT>485.1875</ENT> </ROW> <ROW> <ENT I="01">476.2125 </ENT> <ENT>479.2125 </ENT> <ENT>482.2125 </ENT> <ENT>485.2125</ENT> </ROW> <ROW> <ENT I="01">476.2375 </ENT> <ENT>479.2375 </ENT> <ENT>482.2375 </ENT> <ENT>485.2375</ENT> </ROW> <ROW> <ENT I="01">476.2625 </ENT> <ENT>479.2625 </ENT> <ENT>482.2625 </ENT> <ENT>485.2625</ENT> </ROW> <ROW> <ENT I="01">476.2875 </ENT> <ENT>479.2875 </ENT> <ENT>482.2875 </ENT> <ENT>485.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Houston </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">488.1625 </ENT> <ENT>491.1625 </ENT> <ENT>488.2375 </ENT> <ENT>491.2375</ENT> </ROW> <ROW> <ENT I="01">488.1875 </ENT> <ENT>491.1875 </ENT> <ENT>488.2625 </ENT> <ENT>491.2625</ENT> </ROW> <ROW> <ENT I="01">488.2125 </ENT> <ENT>491.2125 </ENT> <ENT>488.2875 </ENT> <ENT>491.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Los Angeles </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">470.0125 </ENT> <ENT>473.0125 </ENT> <ENT>506.0625 </ENT> <ENT>509.0625</ENT> </ROW> <ROW> <ENT I="01">470.0375 </ENT> <ENT>473.0375 </ENT> <ENT>506.0875 </ENT> <ENT>509.0875</ENT> </ROW> <ROW> <ENT I="01">506.0125 </ENT> <ENT>509.0125 </ENT> <ENT>506.1125 </ENT> <ENT>509.1125</ENT> </ROW> <ROW> <ENT I="01">506.0375 </ENT> <ENT>509.0375 </ENT> <ENT> </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Miami </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">470.0125 </ENT> <ENT>470.1625 </ENT> <ENT>473.0125 </ENT> <ENT>473.1625</ENT> </ROW> <ROW> <ENT I="01">470.0375 </ENT> <ENT>470.1875 </ENT> <ENT>473.0375 </ENT> <ENT>473.1875</ENT> </ROW> <ROW> <ENT I="01">470.0625 </ENT> <ENT>470.2125 </ENT> <ENT>473.0625 </ENT> <ENT>473.2125</ENT> </ROW> <ROW> <ENT I="01">470.0875 </ENT> <ENT>470.2375 </ENT> <ENT>473.0875 </ENT> <ENT>473.2375</ENT> </ROW> <ROW> <ENT I="01">470.1125 </ENT> <ENT>470.2625 </ENT> <ENT>473.1125 </ENT> <ENT>473.2625</ENT> </ROW> <ROW> <ENT I="01">470.1375 </ENT> <ENT>470.2875 </ENT> <ENT>473.1375 </ENT> <ENT>473.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Philadelphia </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">500.0125 </ENT> <ENT>503.0125 </ENT> <ENT>506.0125 </ENT> <ENT>509.0125</ENT> </ROW> <ROW> <ENT I="01">500.0375 </ENT> <ENT>503.0375 </ENT> <ENT>506.0375 </ENT> <ENT>509.0375</ENT> </ROW> <ROW> <ENT I="01">500.0625 </ENT> <ENT>503.0625 </ENT> <ENT>506.0625 </ENT> <ENT>509.0625</ENT> </ROW> <ROW> <ENT I="01">500.0875 </ENT> <ENT>503.0875 </ENT> <ENT>506.0875 </ENT> <ENT>509.0875</ENT> </ROW> <ROW> <ENT I="01">500.1125 </ENT> <ENT>503.1125 </ENT> <ENT>506.1125 </ENT> <ENT>509.1125</ENT> </ROW> <ROW> <ENT I="01">500.1375 </ENT> <ENT>503.1375 </ENT> <ENT>506.1375 </ENT> <ENT>509.1375</ENT> </ROW> <ROW> <ENT I="01">500.1625 </ENT> <ENT>503.1625 </ENT> <ENT>506.1625 </ENT> <ENT>509.1625</ENT> </ROW> <ROW> <ENT I="01">500.1875 </ENT> <ENT>503.1875 </ENT> <ENT>506.1875 </ENT> <ENT>509.1875</ENT> </ROW> <ROW> <ENT I="01">500.2125 </ENT> <ENT>503.2125 </ENT> <ENT>506.2125 </ENT> <ENT>509.2125</ENT> </ROW> <ROW> <ENT I="01">500.2375 </ENT> <ENT>503.2375 </ENT> <ENT>506.2375 </ENT> <ENT>509.2375</ENT> </ROW> <ROW> <ENT I="01">500.2625 </ENT> <ENT>503.2625 </ENT> <ENT>506.2625 </ENT> <ENT>509.2625</ENT> </ROW> <ROW> <ENT I="01">500.2875 </ENT> <ENT>503.2875 </ENT> <ENT>506.2875 </ENT> <ENT>509.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Pittsburgh </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">470.0125</ENT> <ENT>470.1625</ENT> <ENT>473.0125</ENT> <ENT>473.1625</ENT> </ROW> <ROW> <ENT I="01">470.0375</ENT> <ENT>470.1875</ENT> <ENT>473.0375</ENT> <ENT>473.1875</ENT> </ROW> <ROW> <ENT I="01">470.0625</ENT> <ENT>470.2125</ENT> <ENT>473.0625</ENT> <ENT>473.2125</ENT> </ROW> <ROW> <ENT I="01">470.0875</ENT> <ENT>470.2375</ENT> <ENT>473.0875</ENT> <ENT>473.2375</ENT> </ROW> <ROW> <ENT I="01">470.1125</ENT> <ENT>470.2625</ENT> <ENT>473.1125</ENT> <ENT>473.2625</ENT> </ROW> <ROW> <ENT I="01">470.1375</ENT> <ENT>470.2875</ENT> <ENT>473.1375</ENT> <ENT>473.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">San Francisco </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">482.0125</ENT> <ENT>485.0125</ENT> <ENT>488.0125</ENT> <ENT>491.0125</ENT> </ROW> <ROW> <ENT I="01">482.0375 </ENT> <ENT>485.0375 </ENT> <ENT>488.0375 </ENT> <ENT>491.0375</ENT> </ROW> <ROW> <ENT I="01">482.0625</ENT> <ENT>485.0625</ENT> <ENT>488.0625</ENT> <ENT>491.0625</ENT> </ROW> <ROW> <ENT I="01">482.0875</ENT> <ENT>485.0875</ENT> <ENT>488.0875</ENT> <ENT>491.0875</ENT> </ROW> <ROW> <ENT I="01">482.1125</ENT> <ENT>485.1125</ENT> <ENT>488.1125</ENT> <ENT>491.1125</ENT> </ROW> <ROW> <ENT I="01">482.1375</ENT> <ENT>485.1375</ENT> <ENT>488.1375</ENT> <ENT>491.1375</ENT> </ROW> <ROW> <ENT I="01">482.1625</ENT> <ENT>485.1625</ENT> <ENT>488.1625</ENT> <ENT>491.1625</ENT> </ROW> <ROW> <ENT I="01">482.1875</ENT> <ENT>485.1875</ENT> <ENT>488.1875</ENT> <ENT>491.1875</ENT> </ROW> <ROW> <ENT I="01">482.2125</ENT> <ENT>485.2125</ENT> <ENT>488.2125</ENT> <ENT>491.2125</ENT> </ROW> <ROW> <ENT I="01">482.2375</ENT> <ENT>485.2375</ENT> <ENT>488.2375</ENT> <ENT>491.2375</ENT> </ROW> <ROW> <ENT I="01">482.2625</ENT> <ENT>485.2625</ENT> <ENT>488.2625</ENT> <ENT>491.2625</ENT> </ROW> <ROW> <ENT I="01">482.2875</ENT> <ENT>485.2875</ENT> <ENT>488.2875</ENT> <ENT>491.2875 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">Washington, DC </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">488.0125</ENT> <ENT>491.0125</ENT> <ENT>494.0125</ENT> <ENT>497.0125</ENT> </ROW> <ROW> <ENT I="01">488.0375</ENT> <ENT>491.0375</ENT> <ENT>494.0375</ENT> <ENT>497.0375</ENT> </ROW> <ROW> <ENT I="01">488.0625</ENT> <ENT>491.0625</ENT> <ENT>494.0625</ENT> <ENT>497.0625</ENT> </ROW> <ROW> <ENT I="01">488.0875</ENT> <ENT>491.0875</ENT> <ENT>494.0875</ENT> <ENT>497.0875</ENT> </ROW> <ROW> <ENT I="01">488.1125</ENT> <ENT>491.1125</ENT> <ENT>494.1125</ENT> <ENT>497.1125</ENT> </ROW> <ROW> <ENT I="01">488.1375</ENT> <ENT>491.1375</ENT> <ENT>494.1375</ENT> <ENT>497.1375</ENT> </ROW> <ROW> <ENT I="01">488.1625</ENT> <ENT>491.1625</ENT> <ENT>494.1625</ENT> <ENT>497.1625</ENT> </ROW> <ROW> <ENT I="01">488.1875</ENT> <ENT>491.1875</ENT> <ENT>494.1875</ENT> <ENT>497.1875</ENT> </ROW> <ROW> <ENT I="01">488.2125</ENT> <ENT>491.2125</ENT> <ENT>494.2125</ENT> <ENT>497.2125</ENT> </ROW> <ROW> <ENT I="01">488.2375</ENT> <ENT>491.2375</ENT> <ENT>494.2375</ENT> <ENT>497.2375</ENT> </ROW> <ROW> <ENT I="01">488.2625</ENT> <ENT>491.2625</ENT> <ENT>494.2625</ENT> <ENT>497.2625</ENT> </ROW> <ROW> <ENT I="01">488.2875</ENT> <ENT>491.2875</ENT> <ENT>494.2875</ENT> <ENT>497.2875</ENT> </ROW> </GPOTABLE> (a) Channels in the Private Radio General Access Pool and the Private Radio Power Pool may be assigned only if the applicant shows that none of the channels in the Public Mobile Pool are available for the proposed use. (b) Channels in the Public, Private, Government Shared Pool are allocated <PRTPAGE P="166"/>for assignment in the Private Operational-Fixed Microwave Service (47 CFR part 94) and to U.S. government fixed stations. <CITA>[59 FR 59507, Nov. 17, 1994; 60 FR 9890, Feb. 22, 1995, as amended at 61 FR 54099, Oct. 17, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.623</SECTNO> <SUBJECT>System configuration.</SUBJECT> This section requires a minimum configuration for point-to-multipoint systems using the channels listed in § 22.621. (a) <E T="03">928-960 MHz.</E> The channels may be assigned, individually or paired, only to fixed transmitters in a system that controls at least four public mobile base transmitters that transmit on the same channel. If a 932-933 MHz channel and a 941-942 MHz channel are assigned as a pair, the 941-942 MHz channel must be assigned only to control transmitters; the 932-933 MHz channel may be assigned to control or fixed relay transmitters. (b) <E T="03">470-512 MHz.</E> These channels may be assigned only individually (unpaired), to control transmitters that directly control at least four public mobile base transmitters that transmit on the same channel. Fixed relay transmitters are not authorized. (c) <E T="03">Selection and assignment.</E> The FCC selects and assigns a channel when granting applications for authorization to operate a new station to transmit in the 470-512, 932-933 and 941-942 MHz frequency ranges. Applicants having a preference may request the assignment of a specific channel or channel pair, but the FCC may in some cases be unable to satisfy such requests. </SECTION> <SECTION> <SECTNO>§ 22.625</SECTNO> <SUBJECT>Transmitter locations.</SUBJECT> This section governs where point-to-multipoint transmitters on the channels listed in § 22.621 may be located. (a) <E T="03">928-960 MHz.</E> In this frequency range, the required minimum distance separation between co-channel fixed transmitters is 113 kilometers (70 miles). However, this requirement may be waived if the applicant submits an engineering analysis that shows that no interference would be caused to either system. In such a case, a developmental authorization may be issued (see § 22.415). If no interference is experienced during the term of the developmental authorization, the licensee may apply for a regular authorization. (b) <E T="03">470-512 MHz.</E> The purpose of the rule in paragraph (b)(1) of this section is to define the areas in which the 470-512 MHz channels are allocated for public mobile use. The purpose of the rules in paragraphs (b)(2) and (b)(3) of this section is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur. (1) <E T="03">Control transmitter locations.</E> Control transmitter locations must be within 80 kilometers (50 miles) of the designated locations in this paragraph. <GPOTABLE CDEF="s25,10,10" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Urban area</CHED> <CHED H="1">N. latitude</CHED> <CHED H="1">W. longitude</CHED> </BOXHD> <ROW> <ENT I="01">Boston, MA </ENT> <ENT>42°21′24″ </ENT> <ENT>71°03′24″</ENT> </ROW> <ROW> <ENT I="01">Chicago, IL </ENT> <ENT>41°52′28″ </ENT> <ENT>87°38′22″</ENT> </ROW> <ROW> <ENT I="01">Cleveland, OH </ENT> <ENT>41°29′51″ </ENT> <ENT>81°41′50″</ENT> </ROW> <ROW> <ENT I="01">Dallas, TX </ENT> <ENT>32°47′09″ </ENT> <ENT>96°47′37″</ENT> </ROW> <ROW> <ENT I="01">Detroit, MI </ENT> <ENT>42°19′48″ </ENT> <ENT>83°02′57″</ENT> </ROW> <ROW> <ENT I="01">Houston, TX </ENT> <ENT>29°45′26″ </ENT> <ENT>95°21′37″</ENT> </ROW> <ROW> <ENT I="01">Los Angeles, CA </ENT> <ENT>34°03′15″ </ENT> <ENT>118°14′28″</ENT> </ROW> <ROW> <ENT I="01">Miami, FL </ENT> <ENT>25°46′37″ </ENT> <ENT>80°11′32″</ENT> </ROW> <ROW> <ENT I="01">New York, NY </ENT> <ENT>40°45′06″ </ENT> <ENT>73°59′39″</ENT> </ROW> <ROW> <ENT I="01">Philadelphia, PA </ENT> <ENT>39°56′58″ </ENT> <ENT>75°09′21″</ENT> </ROW> <ROW> <ENT I="01">Pittsburgh, PA </ENT> <ENT>40°26′19″ </ENT> <ENT>80°00′00″</ENT> </ROW> <ROW> <ENT I="01">San Francisco-Oakland, CA </ENT> <ENT>37°46′39″ </ENT> <ENT>122°24′40″</ENT> </ROW> <ROW> <ENT I="01">Washington, DC </ENT> <ENT>38°53′51″ </ENT> <ENT>77°00′33″ </ENT> </ROW> </GPOTABLE> (2) <E T="03">Protection from intermodulation interference.</E> Control transmitter locations must be at least 1.6 kilometers (1 mile) from the main transmitter locations of all TV stations transmitting on TV channels separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV channel containing the frequencies on which the control station will transmit. This requirement is intended to reduce the likelihood of intermodulation interference. (3) <E T="03">Co-channel protection from control transmitters with high antennas.</E> This paragraph applies only to control transmitters that utilize an antenna height of more than 152 meters (500 feet) above average terrain. The distance between the location of such a control transmitter and the applicable protected TV station location specified in this paragraph must equal or exceed the sum of the distance from the control transmitter location to the radio horizon in the direction of the specified location and 89 kilometers (55 miles—representing the distance from the main transmitter location of the TV station to its Grade B contour in the <PRTPAGE P="167"/>direction of the control transmitter). The protected TV station locations in this paragraph are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. (i) The protected TV station locations are as follows: <GPOTABLE CDEF="s25,r100" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Control transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> </BOXHD> <ROW> <ENT I="01">470-476 MHz</ENT> <ENT>Washington, DC 38°57′17″ 77°00′17″</ENT> </ROW> <ROW> <ENT I="01">476-482 MHz</ENT> <ENT>Lancaster, PA 40°15′45″ 76°27′49″</ENT> </ROW> </GPOTABLE> (ii) The distance to the radio horizon is calculated using the following formula: <MATH DEEP="14" SPAN="1"> <MID>ER17NO94.008</MID> </MATH> <FP SOURCE="FP-2">where</FP> <FP SOURCE="FP-2">d is the distance to the radio horizon in kilometers</FP> <FP SOURCE="FP-2">h is the height of the antenna center of radiation above ground level in meters</FP> </SECTION> <SECTION> <SECTNO>§ 22.627</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> The effective radiated power (ERP) of transmitters operating on the channels listed in § 22.621 must not exceed the limits in this section. (a) <E T="03">Maximum ERP.</E> The ERP must not exceed the applicable limits in this paragraph under any circumstances. <GPOTABLE CDEF="s25,10" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Frequency range (MHz)</CHED> <CHED H="1">Maximum ERP (watts)</CHED> </BOXHD> <ROW> <ENT I="01">470-512</ENT> <ENT>1000</ENT> </ROW> <ROW> <ENT I="01">928-929</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="01">932-933</ENT> <ENT>30</ENT> </ROW> <ROW> <ENT I="01">941-942</ENT> <ENT>600</ENT> </ROW> <ROW> <ENT I="01">952-960</ENT> <ENT>150</ENT> </ROW> </GPOTABLE> (b) <E T="03">470-512 MHz limits</E>. The purpose of the rules in paragraphs (b)(1) through (b)(3) of this section is to reduce the likelihood that interference to television receiption from public mobile operations on these channels will occur. The protected TV station locations specified in this section are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. (1) <E T="03">Co-channel protection</E>. The ERP of control transmitters must not exceed the limits in the tables in paragraphs (b)(1)(ii) and (b)(1)(iii) of this section. The limits depend upon the height above average terrain of the control transmitter antenna and the distance between the control transmitter and the nearest protected TV station location in paragraph (b)(1)(i) of this section. (i) The protected TV station locations are as follows: <GPOTABLE CDEF="s100,40" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Control transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> </BOXHD> <ROW> <ENT I="01">470-476 MHz </ENT> <ENT>Jacksonville, IL39°45′52″90°30′29″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mt. Pleasant, MI43°34′24″84°46′21″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Oxford, OH39°30′26″84°44′09″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Washington, DC38°57′17″77°00′17″.</ENT> </ROW> <ROW> <ENT I="01">476-482 MHz </ENT> <ENT>Champaign, IL40°04′11″87°54′45″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Madison, WI43°03′01″89°29′15″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Parkersburg, WV39°20′50″81°33′56″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Fort Wayne, IN41°05′35″85°10′42″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lancaster, PA40°15′45″76°27′49″.</ENT> </ROW> <ROW> <ENT I="01">482-488 MHz </ENT> <ENT>South Bend, IN41°36′26″86°27′48″.</ENT> </ROW> <ROW> <ENT I="01">488-494 MHz </ENT> <ENT>Philadelphia, PA40°02′30″75°14′24″.</ENT> </ROW> <ROW> <ENT I="01">494-500 MHz </ENT> <ENT O="oi2">None.</ENT> </ROW> <ROW> <ENT I="01">500-506 MHz </ENT> <ENT>Johnstown, PA40°19′47″78°53′45″.</ENT> </ROW> <ROW> <ENT I="01">506-512 MHz </ENT> <ENT>Washington, DC38°57′49″77°06′18″.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Waterbury, CT41°31′02″73°01′00″.</ENT> </ROW> </GPOTABLE> (ii) Table E-3 and E-4 apply to control transmitters in the New York-Northeastern New Jersey and Cleveland urban areas that transmit on channels in the 476-482 MHz range and to control transmitters in the Detroit urban area that transmit on channels in the 482-488 MHz range. (iii) Tables E-5 and E-6 apply to all control transmitters except those to which Tables E-3 and E-4 apply.<PRTPAGE P="168"/> (2) <E T="03">Adjacent channel protection</E>. The ERP of control transmitters must not exceed the limits in Table E-7. The limits depend upon the height above average terrain of the control transmitter antenna and the distance between the control transmitter and the nearest protected TV station location listed in this paragraph. The protected TV station locations are as follows: <GPOTABLE CDEF="s25,r100,7" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Control transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> <CHED H="1">TV channel</CHED> </BOXHD> <ROW> <ENT I="11">470-476 MHz: </ENT> <ENT>Hanover, NH 43°42′30″ 72°09′16″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Madison, WI 43°03′01″ 89°29′15″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Champaign, IL 40°04′11″ 87°54′45″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>San Diego, CA 32°41′48″ 116°56′10″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lancaster, PA 40°15′45″ 76°27′49″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Parkersburg, WV 39°20′50″ 81°33′′56″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="11">476-482 MHz: </ENT> <ENT>South Bend, IN 41°36′20″ 86°12′44″ </ENT> <ENT>(16)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Pittsburgh, PA 40°26′46″ 79°57′51″ </ENT> <ENT>(16)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mt. Pleasant, MI 43°34′24″ 84°46′21″ </ENT> <ENT>(14)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Scranton, PA 41°10′58″ 75°52′21″ </ENT> <ENT>(16)</ENT> </ROW> <ROW> <ENT I="11">482-488 MHz: </ENT> <ENT>Hanover, NH 43°42′30″ 72°09′16″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Fort Wayne, IN 41°05′35″ 85°10′42″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="11">488-494 MHz: </ENT> <ENT>Salisbury, MD 38°24′15″ 75°34′45″ </ENT> <ENT>(16)</ENT> </ROW> <ROW> <ENT I="11">494-500 MHz: </ENT> <ENT>Philadelphia, PA 40°02′30″ 75°14′24″ </ENT> <ENT>(17)</ENT> </ROW> <ROW> <ENT I="11">500-506 MHz: </ENT> <ENT>Washington, DC 38°57′49″ 77°06′18″ </ENT> <ENT>(20)</ENT> </ROW> <ROW> <ENT I="11">506-512 MHz: </ENT> <ENT>Harrisburg, PA 40°20′44″ 76°52′09″ </ENT> <ENT>(21)</ENT> </ROW> </GPOTABLE> (c) <E T="03">Los Angeles area.</E> This paragraph applies only to control transmitters in the Los Angeles urban area that utilize an antenna height of 457 or more meters (1500 or more feet) above mean sea level. The ERP of such transmitters must not exceed the following limits: <GPOTABLE CDEF="s25,7" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Antenna height</CHED> <CHED H="2">AMSL in meters (feet)</CHED> <CHED H="1">ERP</CHED> <CHED H="2">(Watts)</CHED> </BOXHD> <ROW> <ENT I="01"> 457 (1500) to 610 (2000) </ENT> <ENT>155</ENT> </ROW> <ROW> <ENT I="01"> 611 (2001) to 762 (2500) </ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="01"> 763 (2501) to 914 (3000) </ENT> <ENT> 70</ENT> </ROW> <ROW> <ENT I="01"> 915 (3001) to 1067 (3500) </ENT> <ENT> 50</ENT> </ROW> <ROW> <ENT I="01">1068 (3501) to 1219 (4000) </ENT> <ENT> 40</ENT> </ROW> <ROW> <ENT I="01">1220 (4001) to 1372 (4500) </ENT> <ENT> 30</ENT> </ROW> <ROW> <ENT I="01">1373 (4501) and above </ENT> <ENT> 25</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s10,6,6,6,6,6,6,6,6,6,6" COLS="11" OPTS="L2,i1"> <TTITLE>Table E-3.—Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">15 <LI>(50)</LI> </CHED> <CHED H="2">30 <LI>(100)</LI> </CHED> <CHED H="2">46 <LI>(150)</LI> </CHED> <CHED H="2">61 <LI>(200)</LI> </CHED> <CHED H="2">76 <LI>(250)</LI> </CHED> <CHED H="2">91 <LI>(300)</LI> </CHED> <CHED H="2">107 <LI>(350)</LI> </CHED> <CHED H="2">122 <LI>(400)</LI> </CHED> <CHED H="2">137 <LI>(450)</LI> </CHED> <CHED H="2">152 <LI>(500)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">209 (130)</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> </ROW> <ROW> <ENT I="01">201 (125)</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>850</ENT> <ENT>750</ENT> <ENT>725</ENT> </ROW> <ROW> <ENT I="01">193 (120)</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>900</ENT> <ENT>750</ENT> <ENT>675</ENT> <ENT>600</ENT> <ENT>550</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="01">185 (115)</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>800</ENT> <ENT>725</ENT> <ENT>600</ENT> <ENT>525</ENT> <ENT>475</ENT> <ENT>425</ENT> <ENT>375</ENT> <ENT>350</ENT> </ROW> <ROW> <ENT I="01">177 (110)</ENT> <ENT>850</ENT> <ENT>700</ENT> <ENT>600</ENT> <ENT>500</ENT> <ENT>425</ENT> <ENT>375</ENT> <ENT>325</ENT> <ENT>300</ENT> <ENT>275</ENT> <ENT>225</ENT> </ROW> <ROW> <ENT I="01">169 (105)</ENT> <ENT>600</ENT> <ENT>475</ENT> <ENT>400</ENT> <ENT>325</ENT> <ENT>275</ENT> <ENT>250</ENT> <ENT>225</ENT> <ENT>200</ENT> <ENT>175</ENT> <ENT>150</ENT> </ROW> <ROW> <ENT I="01">161 (100)</ENT> <ENT>400</ENT> <ENT>325</ENT> <ENT>275</ENT> <ENT>225</ENT> <ENT>175</ENT> <ENT>150</ENT> <ENT>140</ENT> <ENT>125</ENT> <ENT>110</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="01">153 (95)</ENT> <ENT>275</ENT> <ENT>225</ENT> <ENT>175</ENT> <ENT>125</ENT> <ENT>110</ENT> <ENT>95</ENT> <ENT>80</ENT> <ENT>70</ENT> <ENT>60</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="01">145 (90)</ENT> <ENT>175</ENT> <ENT>125</ENT> <ENT>100</ENT> <ENT>75</ENT> <ENT>50</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <TNOTE>See § 22.627(b)(1)(ii). This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s100,6,6,6,6,6,6" COLS="7" OPTS="L2,i1"> <TTITLE>Table E-4.—Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">152 (500)</CHED> <CHED H="2">305 (1000)</CHED> <CHED H="2">457 (1500)</CHED> <CHED H="2">610 (2000)</CHED> <CHED H="2">762 (2500)</CHED> <CHED H="2">914 (3000)</CHED> </BOXHD> <ROW> <ENT I="01">209 (130)</ENT> <ENT>1000</ENT> <ENT>447</ENT> <ENT>219</ENT> <ENT>117</ENT> <ENT>71</ENT> <ENT>46</ENT> </ROW> <ROW> <ENT I="01">193 (120)</ENT> <ENT>500</ENT> <ENT>209</ENT> <ENT>95</ENT> <ENT>50</ENT> <ENT>30</ENT> <ENT>19</ENT> </ROW> <ROW> <ENT I="01">177 (110)</ENT> <ENT>225</ENT> <ENT>91</ENT> <ENT>35</ENT> <ENT>19</ENT> <ENT>11</ENT> <ENT>8</ENT> </ROW> <ROW> <ENT I="01">161 (100)</ENT> <ENT>100</ENT> <ENT>30</ENT> <ENT>10</ENT> <ENT>5</ENT> <ENT>3</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="01">153 (95)</ENT> <ENT>50</ENT> <ENT>13</ENT> <ENT>5</ENT> <ENT>3</ENT> <ENT>2</ENT> <ENT>1</ENT> </ROW> <TNOTE>See § 22.627(b)(1)(ii). This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP.</TNOTE> </GPOTABLE> <PRTPAGE P="169"/> <GPOTABLE CDEF="s10,6,6,6,6,6,6,6,6,6,6" COLS="11" OPTS="L2,i1"> <TTITLE>Table E-5.—Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna Height Above Average Terrain in meters (feet)</CHED> <CHED H="2">15 <LI>(50)</LI> </CHED> <CHED H="2">30 <LI>(100)</LI> </CHED> <CHED H="2">46 <LI>(150)</LI> </CHED> <CHED H="2">61 <LI>(200)</LI> </CHED> <CHED H="2">76 <LI>(250)</LI> </CHED> <CHED H="2">91 <LI>(300)</LI> </CHED> <CHED H="2">107 <LI>(350)</LI> </CHED> <CHED H="2">122 <LI>(400)</LI> </CHED> <CHED H="2">137 <LI>(450)</LI> </CHED> <CHED H="2">152 <LI>(500)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">261 (162) </ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> </ROW> <ROW> <ENT I="01">257 (160) </ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>800</ENT> </ROW> <ROW> <ENT I="01">249 (155) </ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>875</ENT> <ENT>775</ENT> <ENT>700</ENT> <ENT>625</ENT> <ENT>575</ENT> </ROW> <ROW> <ENT I="01">241 (150) </ENT> <ENT>1000</ENT> <ENT>1000</ENT> <ENT>950</ENT> <ENT>775</ENT> <ENT>725</ENT> <ENT>625</ENT> <ENT>550</ENT> <ENT>500</ENT> <ENT>450</ENT> <ENT>400</ENT> </ROW> <ROW> <ENT I="01">233 (145) </ENT> <ENT>850</ENT> <ENT>750</ENT> <ENT>650</ENT> <ENT>575</ENT> <ENT>500</ENT> <ENT>440</ENT> <ENT>400</ENT> <ENT>350</ENT> <ENT>320</ENT> <ENT>300</ENT> </ROW> <ROW> <ENT I="01">225 (140) </ENT> <ENT>600</ENT> <ENT>575</ENT> <ENT>465</ENT> <ENT>400</ENT> <ENT>350</ENT> <ENT>300</ENT> <ENT>275</ENT> <ENT>250</ENT> <ENT>230</ENT> <ENT>225</ENT> </ROW> <ROW> <ENT I="01">217 (135) </ENT> <ENT>450</ENT> <ENT>400</ENT> <ENT>335</ENT> <ENT>300</ENT> <ENT>255</ENT> <ENT>240</ENT> <ENT>200</ENT> <ENT>185</ENT> <ENT>165</ENT> <ENT>150</ENT> </ROW> <ROW> <ENT I="01">209 (130) </ENT> <ENT>350</ENT> <ENT>300</ENT> <ENT>245</ENT> <ENT>200</ENT> <ENT>185</ENT> <ENT>160</ENT> <ENT>145</ENT> <ENT>125</ENT> <ENT>120</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="01">201 (125) </ENT> <ENT>225</ENT> <ENT>200</ENT> <ENT>170</ENT> <ENT>150</ENT> <ENT>125</ENT> <ENT>110</ENT> <ENT>100</ENT> <ENT>90</ENT> <ENT>80</ENT> <ENT>75</ENT> </ROW> <ROW> <ENT I="01">193 (120) </ENT> <ENT>175</ENT> <ENT>150</ENT> <ENT>125</ENT> <ENT>105</ENT> <ENT>90</ENT> <ENT>80</ENT> <ENT>70</ENT> <ENT>60</ENT> <ENT>55</ENT> <ENT>50</ENT> </ROW> <TNOTE> AAAAASee § 22.627(b)(1)(iii). This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s100,6,6,6,6,6,6" COLS="7" OPTS="L2,i1"> <TTITLE>Table E-6.—Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">152 (500)</CHED> <CHED H="2">305 (1000)</CHED> <CHED H="2">457 (1500)</CHED> <CHED H="2">610 (2000)</CHED> <CHED H="2">762 (2500)</CHED> <CHED H="2">914 (3000)</CHED> </BOXHD> <ROW> <ENT I="01">261 (162) </ENT> <ENT>1000</ENT> <ENT>501</ENT> <ENT>282</ENT> <ENT>170</ENT> <ENT>110</ENT> <ENT>71</ENT> </ROW> <ROW> <ENT I="01">241 (150) </ENT> <ENT>400</ENT> <ENT>209</ENT> <ENT>110</ENT> <ENT>60</ENT> <ENT>36</ENT> <ENT>23</ENT> </ROW> <ROW> <ENT I="01">225 (140) </ENT> <ENT>225</ENT> <ENT>102</ENT> <ENT>50</ENT> <ENT>28</ENT> <ENT>16</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="01">209 (130) </ENT> <ENT>100</ENT> <ENT>48</ENT> <ENT>21</ENT> <ENT>11</ENT> <ENT>7</ENT> <ENT>5</ENT> </ROW> <ROW> <ENT I="01">193 (120) </ENT> <ENT>50</ENT> <ENT>19</ENT> <ENT>9</ENT> <ENT>5</ENT> <ENT>3</ENT> <ENT>2</ENT> </ROW> <TNOTE> AAAAASee § 22.627(b)(1)(iii). This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s100,6,6,6,6,6,6,6,6,6" COLS="10" OPTS="L2,i1"> <TTITLE>Table E-7.—Maximum ERP (Watts) for Control Transmitters</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">30 <LI>(100)</LI> </CHED> <CHED H="2">46 <LI>(150)</LI> </CHED> <CHED H="2">61 <LI>(200)</LI> </CHED> <CHED H="2">76 <LI>(250)</LI> </CHED> <CHED H="2">91 <LI>(300)</LI> </CHED> <CHED H="2">107 <LI>(350)</LI> </CHED> <CHED H="2">122 <LI>(400)</LI> </CHED> <CHED H="2">137 <LI>(450)</LI> </CHED> <CHED H="2">152 <LI>(500)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">108 (67) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000</ENT> </ROW> <ROW> <ENT I="01">106 (66) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>750</ENT> </ROW> <ROW> <ENT I="01">105 (65) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>825 </ENT> <ENT>650 </ENT> <ENT>600</ENT> </ROW> <ROW> <ENT I="01">103 (64) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>775 </ENT> <ENT>625 </ENT> <ENT>500 </ENT> <ENT>400</ENT> </ROW> <ROW> <ENT I="01">101 (63) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>440 </ENT> <ENT>400 </ENT> <ENT>350 </ENT> <ENT>320 </ENT> <ENT>300</ENT> </ROW> <ROW> <ENT I="01">100 (62) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>525 </ENT> <ENT>375 </ENT> <ENT>250 </ENT> <ENT>200 </ENT> <ENT>150 </ENT> <ENT>125</ENT> </ROW> <ROW> <ENT I="01">98 (61) </ENT> <ENT>1000 </ENT> <ENT>700 </ENT> <ENT>450 </ENT> <ENT>250 </ENT> <ENT>200 </ENT> <ENT>125 </ENT> <ENT>100 </ENT> <ENT>75 </ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="01">97 (60) </ENT> <ENT>1000 </ENT> <ENT>425 </ENT> <ENT>225 </ENT> <ENT>125 </ENT> <ENT>100 </ENT> <ENT>75 </ENT> <ENT>50 </ENT> <ENT/> <ENT/> </ROW> <TNOTE>See § 22.627(b)(2). This table applies to control transmitters in the Boston, Chicago, Cleveland, Detroit, Los Angeles, New York-Northeastern New Jersey, Philadelphia, Pittsburgh and Washington, DC urban areas. This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.</TNOTE> </GPOTABLE> <CITA>[59 FR 59507, Nov. 17, 1994; 60 FR 9890, Feb. 22, 1995]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">470-512 MHz Trunked Mobile Operation</HD> <SECTION> <SECTNO>§ 22.651</SECTNO> <SUBJECT>470-512 MHz channels for trunked mobile operation.</SUBJECT> The following channels are allocated for assignment to transmitters providing trunked public mobile service within the specified urban areas. All channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. <GPOTABLE CDEF="s15,xl15,r15,xl15" COLS="4" OPTS="L0,b0,6/7,g1,t1,i1"> <ROW EXPSTB="03"> <ENT I="21">Houston </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">488.0125 </ENT> <ENT>491.0125 </ENT> <ENT>488.0875 </ENT> <ENT>491.0875</ENT> </ROW> <ROW> <ENT I="01">488.0375 </ENT> <ENT>491.0375 </ENT> <ENT>488.1125 </ENT> <ENT>491.1125</ENT> </ROW> <ROW> <ENT I="01">488.0625 </ENT> <ENT>491.0625 </ENT> <ENT>488.1375 </ENT> <ENT>491.1375 </ENT> </ROW> <ROW EXPSTB="03"> <ENT I="21">New York-Northern New Jersey </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">473.0125 </ENT> <ENT>479.0125 </ENT> <ENT>473.1625 </ENT> <ENT>479.1625</ENT> </ROW> <ROW> <ENT I="01">473.0375 </ENT> <ENT>479.0375 </ENT> <ENT>473.1875 </ENT> <ENT>479.1875</ENT> </ROW> <ROW> <ENT I="01">473.0625 </ENT> <ENT>479.0625 </ENT> <ENT>473.2125 </ENT> <ENT>479.2125</ENT> </ROW> <ROW> <ENT I="01">473.0875 </ENT> <ENT>479.0875 </ENT> <ENT>473.2375 </ENT> <ENT>479.2375</ENT> </ROW> <ROW> <ENT I="01">473.1125 </ENT> <ENT>479.1125 </ENT> <ENT>473.2625 </ENT> <ENT>479.2625</ENT> </ROW> <ROW> <ENT I="01">473.1375 </ENT> <ENT>479.1375 </ENT> <ENT>473.2875 </ENT> <ENT>479.2875</ENT> </ROW> </GPOTABLE> <PRTPAGE P="170"/> <CITA>[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.653</SECTNO> <SUBJECT>Eligibility.</SUBJECT> Only licensees already authorized to provide trunked mobile service or their successors in interest are eligible to apply for additional use of these channels for trunked mobile service, and then only in the urban areas already authorized. </SECTION> <SECTION> <SECTNO>§ 22.655</SECTNO> <SUBJECT>Channel usage.</SUBJECT> The FCC is redesignating the public mobile channels in the 470-512 MHz range from trunked mobile operation to point-to-multipoint operation as the demand for trunked mobile service decreases. (a) The licensees in each market shall measure channel usage at least once every 3 months. These measurements shall be reported to the FCC within 30 days. Measurements shall be taken during the busiest 12-hour periods on 3 days (within a 7-day period) having normal usage. The information must be reported separately for each of the 3 days selected, must be reported by dates, and must disclose the following: (1) The number of mobile units in service during each of the days specified; (2) The number of calls completed each hour; (3) The total number of minutes during each hour that the channels were utilized for communications by the mobile units; (4) The average channel usage for the busiest hour for the 3 days measured; and (5) Any additional information that more accurately reflects channel usage. (b) If the measured probability of blocking decreases below 25%, the FCC will redesignate channels not needed to maintain blocking at 25% or less. The number of channels needed to maintain blocking below 25% will be determined from the channel usage reports and the Erlang C tables. (c) Although two or more channels are necessary to provide trunked service, the FCC may, pursuant to this section, reduce to one the number of channels assigned. In such cases, the licensee may provide non-trunked two-way public mobile service on the one remaining channel. </SECTION> <SECTION> <SECTNO>§ 22.657</SECTNO> <SUBJECT>Transmitter locations.</SUBJECT> The purpose of the rules in paragraphs (a) and (b) of this section is to define the areas in which the 470-512 MHz channels are allocated for public mobile use. The purpose of the rules in paragraphs (c) through (f) of this section is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur. The protected TV station locations specified in paragraphs (d), (e)(1) and (f) of this section are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. (a) <E T="03">Base transmitter locations.</E> Base transmitter locations must be within 80 kilometers (50 miles) of the designated locations in this paragraph. Mobile transmitters must not be operated at locations more than 129 kilometers (80 miles) from the designated locations in this paragraph. <GPOTABLE CDEF="s25,10,10" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Urban area</CHED> <CHED H="1">N. latitude</CHED> <CHED H="1">W. longitude</CHED> </BOXHD> <ROW> <ENT I="01">Houston, TX </ENT> <ENT>29°45′26″ </ENT> <ENT>95°21′37″</ENT> </ROW> <ROW> <ENT I="01">New York, NY-NE NJ </ENT> <ENT>40°45′06″ </ENT> <ENT>73°59′39″ </ENT> </ROW> </GPOTABLE> (b) <E T="03">Mobile area of operation.</E> Mobile transmitters must not be operated at locations more than 48 kilometers (30 miles) from all associated base stations. (c) <E T="03">Protection from intermodulation interference.</E> Base transmitter locations must be at least 1.6 kilometers (1 mile) from the current main transmitter locations of all TV stations transmitting on TV channels separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV channel containing the frequencies on which the base station will transmit. This requirement is intended to reduce the likelihood of intermodulation interference. (d) <E T="03">Adjacent channel protection from mobile transmitters.</E> Base transmitter locations must be at least 145 kilometers (90 miles) from the applicable protected TV station locations specified in this paragraph. This requirement is intended to provide a 0 dB minimum desired to undesired signal strength ratio <PRTPAGE P="171"/>at the Grade B contour of an adjacent channel TV station. <GPOTABLE CDEF="s25,r100,7" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Mobile transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> <CHED H="1">TV channel</CHED> </BOXHD> <ROW> <ENT I="01">470-476 MHz </ENT> <ENT>Lancaster, PA 40°15′45″ 76°27′49″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="01">476-482 MHz </ENT> <ENT>Scranton, PA 41°10′58″ 75°52′21″ </ENT> <ENT>(16)</ENT> </ROW> </GPOTABLE> (e) <E T="03">Co-channel protection from mobile transmitters.</E> Base transmitter locations must be at least the distance specified in paragraph (e)(2) of this section from the applicable protected TV station locations specified in paragraph (e)(1) of this section. This requirement is intended to provide a 40 dB minimum desired to undesired signal strength ratio at the Grade B contour of a co-channel TV station. (1) The protected TV station locations are as follows: <GPOTABLE CDEF="s25,r100" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Mobile transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> </BOXHD> <ROW> <ENT I="01">470-476 MHz </ENT> <ENT>Washington, DC 38°57′17″ 77°00′17″.</ENT> </ROW> <ROW> <ENT I="01">476-482 MHz </ENT> <ENT>Lancaster, PA 40°15′45″ 76°27′49″.</ENT> </ROW> </GPOTABLE> (2) The required minimum distance depends upon the effective radiated power (ERP) of the most powerful mobile transmitter(s) in the system: <GPOTABLE CDEF="s25,8,8" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Mobile unit ERP (watts)</CHED> <CHED H="1">Minimum distance</CHED> <CHED H="2">Kilometers</CHED> <CHED H="2">Miles</CHED> </BOXHD> <ROW> <ENT I="01">60 </ENT> <ENT>193 </ENT> <ENT>(120)</ENT> </ROW> <ROW> <ENT I="01">50 </ENT> <ENT>185 </ENT> <ENT>(115)</ENT> </ROW> <ROW> <ENT I="01">25 </ENT> <ENT>177 </ENT> <ENT>(110)</ENT> </ROW> <ROW> <ENT I="01">10 </ENT> <ENT>169 </ENT> <ENT>(105)</ENT> </ROW> <ROW> <ENT I="01">5 </ENT> <ENT>161 </ENT> <ENT>(100)</ENT> </ROW> </GPOTABLE> (f) <E T="03">Co-channel protection from base transmitters with high antennas.</E> This paragraph applies only to base transmitter locations in the New York-Northeastern New Jersey urban area that utilize an antenna height of more than 152 meters (500 feet) above average terrain. The distance between the location of such a base transmitter and the applicable protected TV station location specified in this paragraph must equal or exceed the sum of the distance from the base transmitter location to the radio horizon in the direction of the specified location and 89 kilometers (55 miles—representing the distance from the main transmitter location of the TV station to its Grade B contour in the direction of the base transmitter). The distance to the radio horizon is calculated as follows: <MATH DEEP="14" SPAN="1"> <MID>ER17NO94.009</MID> </MATH> <FP SOURCE="FP-2">where</FP> <FP SOURCE="FP-2">d is the distance to the radio horizon in kilometers</FP> <FP SOURCE="FP-2">h is the height of the antenna center of radiation above ground level in meters</FP> <GPOTABLE CDEF="s25,r100" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Base transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> </BOXHD> <ROW> <ENT I="01">470-476 MHz </ENT> <ENT>Washington, DC 38°57′17″ 77°00′17″.</ENT> </ROW> <ROW> <ENT I="01">476-482 MHz </ENT> <ENT>Lancaster, PA 40°15′45″″ 76°27′49″.</ENT> </ROW> </GPOTABLE> (g) The FCC may waive specific distance separation requirements of paragraphs (d) through (f) of this section if the applicant submits an engineering analysis which demonstrates that terrain effects and/or operation with less effective radiated power would satisfy the applicable minimum desired to undesired signal strength ratios at the Grade B contours of the protected TV stations. For this purpose, the Grade B contour of a TV station is deemed to be a circle with a 89 kilometer (55 mile) radius, centered on the protected TV station location, and along which the median TV signal field strength is 64 dBμV/m. In any showing intended to demonstrate compliance with the minimum desired to undesired signal ratio requirements of this section, all predicted field strengths must have been determined using the UHF TV propagation curves contained in part 73 of this chapter. </SECTION> <SECTION> <SECTNO>§ 22.659</SECTNO> <SUBJECT>Effective radiated power limits.</SUBJECT> The purpose of the rules in this section, which limit effective radiated power (ERP), is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur. The protected TV station locations specified in this section are the locations of record <PRTPAGE P="172"/>as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. (a) <E T="03">Maximum ERP.</E> The ERP of base transmitters must not exceed 100 Watts under any circumstances. The ERP of mobile transmitters must not exceed 60 Watts under any circumstances. (b) <E T="03">Co-channel protection from base transmitters.</E> The ERP of base transmitters in the New York-Northeastern New Jersey urban area must not exceed the limits in the tables referenced in paragraphs (b)(2) and (b)(3) of this section. The limits depend upon the height above average terrain of the base transmitter antenna and the distance between the base transmitter and the nearest protected TV station location in paragraph (b)(1) of this section. (1) The protected TV station locations are as follows: <GPOTABLE CDEF="s25,r100" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Base transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> </BOXHD> <ROW> <ENT I="01">470-476 MHz </ENT> <ENT>Washington, DC 38°57′17″ 77°00′17″.</ENT> </ROW> <ROW> <ENT I="01">476-482 MHz </ENT> <ENT>Lancaster, PA 40°15′45″″ 76°27′49″.</ENT> </ROW> </GPOTABLE> (2) Tables E-8 and E-9 of this section apply to base transmitters in the New York-Northeastern New Jersey urban area that transmit on channels in the 476-482 MHz range. (3) Tables E-10 and E-11 of this section apply to base transmitters in the New York-Northeastern New Jersey urban area that transmit on channels in the 470-476 MHz range. (c) <E T="03">Adjacent channel protection from base transmitters.</E> The ERP of base transmitters must not exceed the limits in Table E-12 of this section. The limits depend upon the height above average terrain of the base transmitter antenna and the distance between the base transmitter and the nearest protected TV station location specified in paragraph (c)(1) of this section. (1) The protected TV station locations are as follows: <GPOTABLE CDEF="s25,r100,7" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Base transmitter frequency range</CHED> <CHED H="1">Protected TV station location</CHED> <CHED H="1">TV channel</CHED> </BOXHD> <ROW> <ENT I="01">470-476 MHz</ENT> <ENT>Hanover, NH 43°42′30″ 72°09′16″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lancaster, PA 40°15′45″ 76°27′49″ </ENT> <ENT>(15)</ENT> </ROW> <ROW> <ENT I="01">476-482 MHz</ENT> <ENT>Scranton, PA 41°10′58″ 75°52′21″ </ENT> <ENT>(16)</ENT> </ROW> <ROW> <ENT I="01">482-488 MHz</ENT> <ENT>Hanover, NH 43°42′30″ 72°09′16″ </ENT> <ENT>(15)</ENT> </ROW> </GPOTABLE> (2) Table E-12 of this section applies to base transmitters in the New York-Northeastern New Jersey urban area. <GPOTABLE CDEF="s10,6,6,6,6,6,6,6,6,6,6" COLS="11" OPTS="L2,i1"> <TTITLE>Table E-8.—Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">15 <LI>(50)</LI> </CHED> <CHED H="2">30 <LI>(100)</LI> </CHED> <CHED H="2">46 <LI>(150)</LI> </CHED> <CHED H="2">61 <LI>(200)</LI> </CHED> <CHED H="2">76 <LI>(250)</LI> </CHED> <CHED H="2">91 <LI>(300)</LI> </CHED> <CHED H="2">107 <LI>(350)</LI> </CHED> <CHED H="2">122 <LI>(400)</LI> </CHED> <CHED H="2">137 <LI>(450)</LI> </CHED> <CHED H="2">152 <LI>(500)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">209 (130) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000</ENT> </ROW> <ROW> <ENT I="01">201 (125) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>850 </ENT> <ENT>750 </ENT> <ENT>725</ENT> </ROW> <ROW> <ENT I="01">193 (120) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>900 </ENT> <ENT>750 </ENT> <ENT>675 </ENT> <ENT>600 </ENT> <ENT>550 </ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="01">185 (115) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>800 </ENT> <ENT>725 </ENT> <ENT>600 </ENT> <ENT>525 </ENT> <ENT>475 </ENT> <ENT>425 </ENT> <ENT>375 </ENT> <ENT>350</ENT> </ROW> <ROW> <ENT I="01">177 (110) </ENT> <ENT>850 </ENT> <ENT>700 </ENT> <ENT>600 </ENT> <ENT>500 </ENT> <ENT>425 </ENT> <ENT>375 </ENT> <ENT>325 </ENT> <ENT>300 </ENT> <ENT>275 </ENT> <ENT>225</ENT> </ROW> <ROW> <ENT I="01">169 (105) </ENT> <ENT>600 </ENT> <ENT>475 </ENT> <ENT>400 </ENT> <ENT>325 </ENT> <ENT>275 </ENT> <ENT>250 </ENT> <ENT>225 </ENT> <ENT>200 </ENT> <ENT>175 </ENT> <ENT>150</ENT> </ROW> <ROW> <ENT I="01">161 (100) </ENT> <ENT>400 </ENT> <ENT>325 </ENT> <ENT>275 </ENT> <ENT>225 </ENT> <ENT>175 </ENT> <ENT>150 </ENT> <ENT>140 </ENT> <ENT>125 </ENT> <ENT>110 </ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="01">153 (95) </ENT> <ENT>275 </ENT> <ENT>225 </ENT> <ENT>175 </ENT> <ENT>125 </ENT> <ENT>110 </ENT> <ENT>95 </ENT> <ENT>80 </ENT> <ENT>70 </ENT> <ENT>60 </ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="01">145 (90) </ENT> <ENT>175 </ENT> <ENT>125 </ENT> <ENT>100 </ENT> <ENT>75 </ENT> <ENT>50 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <TNOTE>See § 22.659(b)(2). This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s100,6,6,6,6,6,6" COLS="7" OPTS="L2,i1"> <TTITLE>Table E-9.—Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">152 (500)</CHED> <CHED H="2">305 (1000)</CHED> <CHED H="2">457 (1500)</CHED> <CHED H="2">610 (2000)</CHED> <CHED H="2">762 (2500)</CHED> <CHED H="2">914 (3000)</CHED> </BOXHD> <ROW> <ENT I="01">209 (130) </ENT> <ENT>1000 </ENT> <ENT>447 </ENT> <ENT>219 </ENT> <ENT>117 </ENT> <ENT>71 </ENT> <ENT>46</ENT> </ROW> <ROW> <ENT I="01">193 (120) </ENT> <ENT>500 </ENT> <ENT>209 </ENT> <ENT>95 </ENT> <ENT>50 </ENT> <ENT>30 </ENT> <ENT>19</ENT> </ROW> <ROW> <ENT I="01">177 (110) </ENT> <ENT>225 </ENT> <ENT>91 </ENT> <ENT>35 </ENT> <ENT>19 </ENT> <ENT>11 </ENT> <ENT>8</ENT> </ROW> <ROW> <ENT I="01">161 (100) </ENT> <ENT>100 </ENT> <ENT>30 </ENT> <ENT>10 </ENT> <ENT>5 </ENT> <ENT>3 </ENT> <ENT>2</ENT> </ROW> <ROW> <PRTPAGE P="173"/> <ENT I="01">153 (95) </ENT> <ENT>50 </ENT> <ENT>13 </ENT> <ENT>5 </ENT> <ENT>3 </ENT> <ENT>2 </ENT> <ENT>1</ENT> </ROW> <TNOTE>See § 22.659(b)(2). This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s10,6,6,6,6,6,6,6,6,6,6" COLS="11" OPTS="L2,i1"> <TTITLE>Table E-10.—Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">15 <LI>(50)</LI> </CHED> <CHED H="2">30 <LI>(100)</LI> </CHED> <CHED H="2">46 <LI>(150)</LI> </CHED> <CHED H="2">61 <LI>(200)</LI> </CHED> <CHED H="2">76 <LI>(250)</LI> </CHED> <CHED H="2">91 <LI>(300)</LI> </CHED> <CHED H="2">107 <LI>(350)</LI> </CHED> <CHED H="2">122 <LI>(400)</LI> </CHED> <CHED H="2">137 <LI>(450)</LI> </CHED> <CHED H="2">152 <LI>(500)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">261 (162) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000</ENT> </ROW> <ROW> <ENT I="01">257 (160) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>800</ENT> </ROW> <ROW> <ENT I="01">249 (155) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>875 </ENT> <ENT>775 </ENT> <ENT>700 </ENT> <ENT>625 </ENT> <ENT>575</ENT> </ROW> <ROW> <ENT I="01">241 (150) </ENT> <ENT>1000 </ENT> <ENT>1000 </ENT> <ENT>950 </ENT> <ENT>775 </ENT> <ENT>725 </ENT> <ENT>625 </ENT> <ENT>550 </ENT> <ENT>500 </ENT> <ENT>450 </ENT> <ENT>400</ENT> </ROW> <ROW> <ENT I="01">233 (145) </ENT> <ENT>850 </ENT> <ENT>750 </ENT> <ENT>650 </ENT> <ENT>575 </ENT> <ENT>500 </ENT> <ENT>440 </ENT> <ENT>400 </ENT> <ENT>350 </ENT> <ENT>320 </ENT> <ENT>300</ENT> </ROW> <ROW> <ENT I="01">225 (140) </ENT> <ENT>600 </ENT> <ENT>575 </ENT> <ENT>465 </ENT> <ENT>400 </ENT> <ENT>350 </ENT> <ENT>300 </ENT> <ENT>275 </ENT> <ENT>250 </ENT> <ENT>230 </ENT> <ENT>225</ENT> </ROW> <ROW> <ENT I="01">217 (135) </ENT> <ENT>450 </ENT> <ENT>400 </ENT> <ENT>335 </ENT> <ENT>300 </ENT> <ENT>255 </ENT> <ENT>240 </ENT> <ENT>200 </ENT> <ENT>185 </ENT> <ENT>165 </ENT> <ENT>150</ENT> </ROW> <ROW> <ENT I="01">209 (130) </ENT> <ENT>350 </ENT> <ENT>300 </ENT> <ENT>245 </ENT> <ENT>200 </ENT> <ENT>185 </ENT> <ENT>160 </ENT> <ENT>145 </ENT> <ENT>125 </ENT> <ENT>120 </ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="01">201 (125) </ENT> <ENT>225 </ENT> <ENT>200 </ENT> <ENT>170 </ENT> <ENT>150 </ENT> <ENT>125 </ENT> <ENT>110 </ENT> <ENT>100 </ENT> <ENT>90 </ENT> <ENT>80 </ENT> <ENT>75</ENT> </ROW> <ROW> <ENT I="01">193 (120) </ENT> <ENT>175 </ENT> <ENT>150 </ENT> <ENT>125 </ENT> <ENT>105 </ENT> <ENT>90 </ENT> <ENT>80 </ENT> <ENT>70 </ENT> <ENT>60 </ENT> <ENT>55 </ENT> <ENT>50</ENT> </ROW> <TNOTE>See § 22.659(b)(3). This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s100,6,6,6,6,6,6" COLS="7" OPTS="L2,i1"> <TTITLE>Table E-11.—Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters)</TTITLE> <BOXHD> <CHED H="1">Distance to protected TV station in kilometers (miles)</CHED> <CHED H="1">Antenna height above average terrain in meters (feet)</CHED> <CHED H="2">152 (500)</CHED> <CHED H="2">305 (1000)</CHED> <CHED H="2">457 (1500)</CHED> <CHED H="2">610 (2000)</CHED> <CHED H="2">762 (2500)</CHED> <CHED H="2">914 (3000)</CHED> </BOXHD> <ROW> <ENT I="01">261 (162) </ENT> <ENT>1000 </ENT> <ENT>501 </ENT> <ENT>282 </ENT> <ENT>170 </ENT> <ENT>110 </ENT> <ENT>71</ENT> </ROW> <ROW>