[Title 47 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2001 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          47
          Parts 20 to 39
          Revised as of October 1, 2001

          Telecommunication





          Containing a codification of documents 
          of general applicability and future effect

          As of October 1, 2001

          With Ancillaries

          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

          A Special Edition of the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2001



 For sale by the Superintendent of Documents, U.S. Government Printing Office
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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 47:
          Chapter I--Federal Communications Commission 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     529
      Alphabetical List of Agencies Appearing in the CFR......     547
      Table of OMB Control Numbers............................     557
      List of CFR Sections Affected...........................     567



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                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 47 CFR 20.1 refers 
                       to title 47, part 20, 
                       section 1.

                     ----------------------------

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                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 2001, consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

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Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
info@fedreg.nara.gov.

SALES

    The Government Printing Office (GPO) processes all sales and 
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ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers, Weekly Compilation of Presidential 
Documents and the Privacy Act Compilation are available in electronic 
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free). E-mail, gpoaccess@gpo.gov.

[[Page vii]]

    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
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site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

October 1, 2001.



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                               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, 2001.

    Part 73 contains a numerical designation of FM broadcast channels 
(Sec. 73.201) and a table of FM allotments designated for use in 
communities in the United States, its territories, and possessions 
(Sec. 73.202). Part 73 also contains a numerical designation of 
television channels (Sec. 73.603) and a table of allotments which 
contain channels designated for the listed communities in the United 
States, its territories, and possessions (Sec. 73.606).

    The OMB control numbers for the Federal Communications Commission, 
appear in Sec. 0.408 of chapter I. For the convenience of the user 
Sec. 0.408 is reprinted in the Finding Aids section of the second 
through fifth volumes.

    A redesignation table appears in the Finding Aids section of the 
volume containing part 80 to End.

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[[Page 1]]



                       TITLE 47--TELECOMMUNICATION




                   (This book contains parts 20 to 39)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Federal Communications Commission (Continued)....          20

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                    CHAPTER I--FEDERAL COMMUNICATIONS
                         COMMISSION (Continued)




  --------------------------------------------------------------------

                  SUBCHAPTER B--COMMON CARRIER SERVICES

Part                                                                Page
20              Commercial mobile radio services............           5
21              Domestic public fixed radio services........          19
22              Public mobile services......................         107
23              International fixed public 
                    radiocommunication services.............         221
24              Personal communications services............         240
25              Satellite communications....................         283
26              General wireless communications service.....         361
27              Miscellaneous wireless communications 
                    services................................         372
32              Uniform system of accounts for 
                    telecommunications companies............         404
36              Jurisdictional separations procedures; 
                    standard procedures for separating 
                    telecommunications property costs, 
                    revenues, expenses, taxes and reserves 
                    for telecommunications companies........         478
37--39          [Reserved]

Cross Reference:   

  Excise taxes on communications services and facilities: Internal 
Revenue, 26 CFR Part 49.

Supplemental Publications:   

  Annual Reports of the Federal Communications Commission to Congress.

  Federal Communications Commission Reports of Orders and Decisions.

  Communications Act of 1934 (with amendments and index thereto), Recap. 
Version, January 1974, Packets No. 1 through 6.

Miscellaneous Publications:   

  Study Guide and Reference Material for Commercial Radio Operator 
Examinations, May 1979 edition.

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                  SUBCHAPTER B--COMMON CARRIER SERVICES


PART 20--COMMERCIAL MOBILE RADIO SERVICES--Table of Contents




Sec.
20.1  Purpose.
20.3  Definitions.
20.5  Citizenship.
20.6  CMRS spectrum aggregation limit.
20.7  Mobile services.
20.9  Commercial mobile radio service.
20.11  Interconnection to facilities of local exchange carriers.
20.12  Resale and roaming.
20.13  State petitions for authority to regulate rates.
20.15  Requirements under Title II of the Communications Act.
20.18  911 Service.
20.20  Conditions applicable to provision of CMRS service by incumbent 
          Local Exchange Carriers.

    Authority: 47 U.S.C. 154, 160, 251-254, 303, and 332 unless 
otherwise noted.

    Source: 59 FR 18495, Apr. 19, 1994, unless otherwise noted.



Sec. 20.1  Purpose.

    The purpose of these rules is to set forth the requirements and 
conditions applicable to commercial mobile radio service providers.



Sec. 20.3  Definitions.

    Automatic Number Identification (ANI). A system that identifies the 
billing account for a call. For 911 systems, the ANI identifies the 
calling party and may be used as a call back number.
    Commercial mobile radio service. A mobile service that is:
    (a)(1) provided for profit, i.e., with the intent of receiving 
compensation or monetary gain;
    (2) An interconnected service; and
    (3) Available to the public, or to such classes of eligible users as 
to be effectively available to a substantial portion of the public; or
    (b) The functional equivalent of such a mobile service described in 
paragraph (a) of this section.
    Designated PSAP. The Public Safety Answering Point (PSAP) designated 
by the local or state entity that has the authority and responsibility 
to designate the PSAP to receive wireless 911 calls.
    Incumbent Wide Area SMR Licensees. Licensees who have obtained 
extended implementation authorizations in the 800 MHz or 900 MHz 
service, either by waiver or under Section 90.629 of these rules, and 
who offer real-time, two-way voice service that is interconnected with 
the public switched network.
    Handset-based location technology. A method of providing the 
location of wireless 911 callers that requires the use of special 
location-determining hardware and/or software in a portable or mobile 
phone. Handset-based location technology may also employ additional 
location-determining hardware and/or software in the CMRS network and/or 
another fixed infrastructure.
    Interconnection or Interconnected. Direct or indirect connection 
through automatic or manual means (by wire, microwave, or other 
technologies such as store and forward) to permit the transmission or 
reception of messages or signals to or from points in the public 
switched network.
    Interconnected Service. A service: (a) That is interconnected with 
the public switched network, or interconnected with the public switched 
network through an interconnected service provider, that gives 
subscribers the capability to communicate to or receive communication 
from all other users on the public switched network; or
    (b) For which a request for such interconnection is pending pursuant 
to section 332(c)(1)(B) of the Communications Act, 47 U.S.C. 
332(c)(1)(B). A mobile service offers interconnected service even if the 
service allows subscribers to access the public switched network only 
during specified hours of the day, or if the service provides general 
access to points on the public switched network but also restricts 
access in certain limited ways. Interconnected service does not include 
any interface between a licensee's facilities and the public switched 
network exclusively for a licensee's internal control purposes.
    Location-capable handsets. Portable or mobile phones that contain 
special location-determining hardware and/or

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software, which is used by a licensee to locate 911 calls.
    Mobile Service. A radio communication service carried on between 
mobile stations or receivers and land stations, and by mobile stations 
communicating among themselves, and includes:
    (a) Both one-way and two-way radio communications services;
    (b) A mobile service which provides a regularly interacting group of 
base, mobile, portable, and associated control and relay stations 
(whether licensed on an individual, cooperative, or multiple basis) for 
private one-way or 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.
    Network-based Location Technology. A method of providing the 
location of wireless 911 callers that employs hardware and/or software 
in the CMRS network and/or another fixed infrastructure, and does not 
require the use of special location-determining hardware and/or software 
in the caller's portable or mobile phone.
    Private Mobile Radio Service. A mobile service that is neither a 
commercial mobile radio service nor the functional equivalent of a 
service that meets the definition of commercial mobile radio service. 
Private mobile radio service includes the following:
    (a) Not-for-profit land mobile radio and paging services that serve 
the licensee's internal communications needs as defined in part 90 of 
this chapter. Shared-use, cost-sharing, or cooperative arrangements, 
multiple licensed systems that use third party managers or users 
combining resources to meet compatible needs for specialized internal 
communications facilities in compliance with the safeguards of 
Sec. 90.179 of this chapter are presumptively private mobile radio 
services;
    (b) Mobile radio service offered to restricted classes of eligible 
users. This includes entities eligible in the Public Safety Radio Pool 
and Radiolocation service.
    (c) 220-222 MHz land mobile service and Automatic Vehicle Monitoring 
systems (part 90 of this chapter) that do not offer interconnected 
service or that are not-for-profit; and
    (d) Personal Radio Services under part 95 of this chapter (General 
Mobile Services, Radio Control Radio Services, and Citizens Band Radio 
Services); Maritime Service Stations (excluding Public Coast stations) 
(part 80 of this chapter); and Aviation Service Stations (part 87 of 
this chapter).
    Pseudo Automatic Number Identification (Pseudo-ANI). A number, 
consisting of the same number of digits as ANI, that is not a North 
American Numbering Plan telephone directory number and may be used in 
place of an ANI to convey special meaning. The special meaning assigned 
to the pseudo-ANI is determined by agreements, as necessary, between the 
system originating the call, intermediate systems handling and routing 
the call, and the destination system.
    Public Safety Answering Point. A point that has been designated to 
receive 911 calls and route them to emergency service personnel.
    Public Switched Network. Any common carrier switched network, 
whether by wire or radio, including local exchange carriers, 
interexchange carriers, and mobile service providers, that use the North 
American Numbering Plan in connection with the provision of switched 
services.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38402, July 24, 1996; 
61 FR 40352, Aug. 2, 1996; 62 FR 18843, Apr. 17, 1997; 63 FR 2637, Jan. 
16, 1998; 64 FR 60130, Nov. 4, 1999]



Sec. 20.5  Citizenship.

    (a) This rule implements section 310 of the Communications Act, 47 
U.S.C. 310, regarding the citizenship of licensees in the commercial 
mobile radio services. Commercial mobile radio service authorizations 
may not be granted to or held by:
    (1) Any foreign government or any representative thereof;
    (2) Any alien or the representative of any alien;
    (3) Any corporation organized under the laws of any foreign 
government;
    (4) Any corporation of which more than one-fifth of the capital 
stock is owned of record or voted by aliens or their representatives or 
by a foreign government or representative thereof

[[Page 7]]

or by any corporation organized under the laws of a foreign country; or
    (5) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth of the capital stock is owned 
of record or voted by aliens, their representatives, or by a foreign 
government or representative thereof, or by any corporation organized 
under the laws of a foreign country, if the Commission finds that the 
public interest will be served by the refusal or revocation of such 
license.
    (b) The limits listed in paragraph (a) of this section may be 
exceeded by eligible individuals who held ownership interests on May 24, 
1993, pursuant to the waiver provisions established in section 332(c)(6) 
of the Communications Act. Transfers of ownership to any other person in 
violation of paragraph (a) of this section are prohibited.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 55580, Oct. 28, 1996]



Sec. 20.6  CMRS spectrum aggregation limit.

    (a) Spectrum limitation. No licensee in the broadband PCS, cellular, 
or SMR services (including all parties under common control) regulated 
as CMRS (see 47 CFR 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, except that in Rural Service Areas (RSAs), as defined in 47 CFR 
22.909, no licensee shall have an attributable interest in a total of 
more than 55 MHz of licensed broadband PCS, cellular, and SMR spectrum 
regulated as CMRS with significant overlap in any RSA.
    (b) SMR spectrum. To calculate the amount of attributable SMR 
spectrum for purposes of paragraph (a) of this section, an entity must 
count all 800 MHz 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); provided that any discrete 800 or 900 
MHz channel shall be counted only once per licensee within the 
geographic area, even if the licensee in question utilizes the same 
channel at more than one location within the relevant geographic area. 
No more than 10 MHz of SMR spectrum in the 800 and 900 MHz SMR services 
will be attributed to an entity when determining compliance with the 
cap.
    (c) Significant overlap. (1) For purposes of paragraph (a) of this 
section, significant overlap of a PCS licensed service area and CGSA(s) 
(as defined in Sec. 22.911 of this chapter) or SMR service area(s) 
occurs when at least 10 percent of the population of the PCS licensed 
service area for the counties contained therein, as determined by the 
latest available decennial census figures as complied by the Bureau of 
the Census, 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 are located within the PCS service 
area. For an SMR licensee's base stations that are located within a PCS 
service area, the channels licensed at those sites will be presumed to 
cover 10 percent of the population of the PCS service area, unless the 
licensee shows that its protected service contour for all of its base 
stations covers less than 10 percent of the population of the PCS 
service area.
    (d) Ownership attribution. For purposes of paragraph (a) of this 
section, ownership and other interests in broadband PCS licensees, 
cellular licensees, or SMR licensees will be attributed to their holders 
pursuant to the following criteria:
    (1) Controlling interest shall be attributable. Controlling interest 
means majority voting equity ownership, any general partnership 
interest, or any means of actual working control (including negative 
control) over the operation of the licensee, in whatever manner 
exercised.
    (2) Partnership and other ownership interests and any stock interest 
amounting to 20 percent or more of the equity, or outstanding stock, or 
outstanding voting stock of a broadband

[[Page 8]]

PCS, cellular or SMR licensee shall be attributed, except that ownership 
will not be attributed unless the partnership and other ownership 
interests and any stock interest amount to at least 40 percent of the 
equity, or outstanding stock, or outstanding voting stock of a broadband 
PCS, cellular or SMR licensee if the ownership interest is held by a 
small business or a rural telephone company, as these terms are defined 
in Sec. 1.2110 of this chapter or other related provisions of the 
Commission's rules, or if the ownership interest is held by an entity 
with a non-controlling equity interest in a broadband PCS licensee or 
applicant that is a small business.
    (3) Investment companies, as defined in 15 U.S.C. 80a-3, insurance 
companies and banks holding stock through their trust departments in 
trust accounts will be considered to have an attributable interest only 
if they hold 40 percent or more of the outstanding voting stock of a 
corporate broadband PCS, cellular or SMR licensee, or if any of the 
officers or directors of the broadband PCS, cellular or SMR licensee are 
representatives of the investment company, insurance company or bank 
concerned. Holdings by a bank or insurance company will be aggregated if 
the bank or insurance company has any right to determine how the stock 
will be voted. Holdings by investment companies will be aggregated if 
under common management.
    (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 unless and until 
converted, except that this provision does not apply in determining 
whether an entity is a small business, a rural telephone company, or a 
business owned by minorities and/or women, as these terms are defined in 
Sec. 1.2110 of this chapter or other related provisions of the 
Commission's rules.
    (6) Limited partnership interests shall be attributed to limited 
partners and shall be calculated according to both the percentage of 
equity paid in and the percentage of distribution of profits and losses.
    (7) Officers and directors of a broadband PCS licensee or applicant, 
cellular licensee, or SMR licensee shall be considered to have an 
attributable interest in the entity with which they are so associated. 
The officers and directors of an entity that controls a broadband PCS 
licensee or applicant, a cellular licensee, or an SMR licensee shall be 
considered to have an attributable interest in the broadband PCS 
licensee or applicant, cellular licensee, or SMR licensee.
    (8) Ownership interests that are held indirectly by any party 
through one or more intervening corporations will be determined by 
successive multiplication of the ownership percentages for each link in 
the vertical ownership chain and application of the relevant attribution 
benchmark to the resulting product, except that if the ownership 
percentage for an interest in any link in the chain exceeds 50 percent 
or represents actual control, it shall be treated as if it were a 100 
percent interest. (For example, if A owns 20% of B, and B owns 40% of 
licensee C, then A's interest in licensee C would be 8%. If A owns 20% 
of B, and B owns 51% of licensee C, then A's interest in licensee C 
would be 20% because B's ownership of C exceeds 50%.)
    (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

[[Page 9]]

or otherwise engage in practices or activities that determine, or 
significantly influence,
    (i) The nature or types of services offered by such licensee;
    (ii) The terms upon which such services are offered; or
    (iii) The prices charged for such services.
    (e) Divestiture. (1) Divestiture of interests as a result of a 
transfer of control or assignment of authorization must occur prior to 
consummating the transfer or assignment, except that a licensee that 
meets the requirements set forth in paragraph (e)(2) of this section 
shall have 90 days from final grant to come into compliance with the 
spectrum aggregation limit.
    (2) An applicant with:
    (i) 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) Attributable interests in broadband PCS, cellular, and/or SMR 
licenses solely due to management agreements or joint marketing 
agreements; or
    (iii) 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, 
shall be eligible to have its application granted subject to a condition 
that the licensee shall come into compliance with the spectrum 
limitation set out in paragraph (a) within ninety (90) days after final 
grant. For purposes of this paragraph, a ``non-controlling attributable 
interest'' is one in 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.
    (3) The applicant for a license that, if granted, would exceed the 
spectrum aggregation limitation in paragraph (a) of this section shall 
certify on its application that it and all parties to the application 
will come into compliance with this limitation. 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 spectrum aggregation 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)(i) Parties holding controlling interests in broadband PCS, 
cellular, and/or SMR licensees that conflict with the attribution 
threshold or geographic overlap limitations set forth in this section 
will be considered to have come into compliance if they have submitted 
to the Commission an application for assignment of license or transfer 
of control of the conflicting licensee (see Secs. 24.839 (PCS), 22.39 
(cellular), and 90.158 of this chapter (SMR)) by which, if granted, such 
parties no longer would have an attributable interest in the conflicting 
license. 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. 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 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.
    (ii) Applicants that meet the requirements of paragraph (e)(2) of 
this section must tender to the Commission within ninety (90) days of 
final grant of the initial license, such an assignment or transfer 
application or, in the case of less than controlling (but still 
attributable) interests, a written 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. If no 
such transfer or assignment application or certification 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

[[Page 10]]

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.

    Note 1 to Sec. 20.6: For purposes of the ownership attribution 
limit, all ownership interests in operations that serve at least 10 
percent of the population of the PCS service area should be included in 
determining the extent of a PCS applicant's cellular or SMR ownership.
    Note 2 to Sec. 20.6: When a party owns an attributable interest in 
more than one cellular or SMR system that overlaps a PCS service area, 
the total population in the overlap area will apply on a cumulative 
basis.
    Note 3 to Sec. 20.6: Waivers of Sec. 20.6(d) may be granted upon an 
affirmative showing:
    (1) That the interest holder has less than a 50 percent voting 
interest in the licensee and there is an unaffiliated single holder of a 
50 percent or greater voting interest;
    (2) That the interest holder is not likely to affect the local 
market in an anticompetitive manner;
    (3) That the interest holder is not involved in the operations of 
the licensee and does not have the ability to influence the licensee on 
a regular basis; and
    (4) That grant of a waiver is in the public interest because the 
benefits to the public of common ownership outweigh any potential 
anticompetitive harm to the market.

[64 FR 54574, Oct. 7, 1999]



Sec. 20.7  Mobile services.

    The following are mobile services within the meaning of sections 
3(n) and 332 of the Communications Act, 47 U.S.C. 153(n), 332.
    (a) Public mobile services (part 22 of this chapter), including 
fixed operations that support the mobile systems, but excluding Rural 
Radio Service and Basic Exchange Telecommunications Radio Service (part 
22, subpart H of this chapter);
    (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 
218-219 MHz Service;
    (f) Personal communications services (part 24 of this chapter);
    (g) Auxiliary services provided by mobile service licensees, and 
ancillary fixed communications offered by personal communications 
service providers;
    (h) Unlicensed services meeting the definition of commercial mobile 
radio service in Sec. 20.3, such as the resale of commercial mobile 
radio services, but excluding unlicensed radio frequency devices under 
part 15 of this chapter (including unlicensed personal communications 
service devices).

[59 FR 18495, Apr. 19, 1994, as amended at 63 FR 54077, Oct. 8, 1998]



Sec. 20.9  Commercial mobile radio service.

    (a) The following mobile services shall be treated as common 
carriage services and regulated as commercial mobile radio services 
(including any such service offered as a hybrid service or offered on an 
excess capacity basis to the extent it meets the definition of 
commercial mobile radio service, or offered as an auxiliary or ancillary 
service), pursuant to Section 332 of the Communications Act, 47 U.S.C. 
332:
    (1) Private Paging (part 90 of this chapter), excluding not-for-
profit paging systems that serve only the licensee's own internal 
communications needs;
    (2) Stations that offer Industrial/Business Pool (Sec. 90.35 of this 
chapter) eligibles for-profit, interconnected service;
    (3) Land Mobile Systems on 220-222 MHz (part 90 of this chapter), 
except services that are not-for-profit or do not offer interconnected 
service;
    (4) Specialized Mobile Radio services that provide interconnected 
service (part 90 of this chapter);
    (5) Public Coast Stations (part 80, subpart J of this chapter);

[[Page 11]]

    (6) Paging and Radiotelephone Service (part 22, subpart E of this 
chapter).
    (7) Cellular Radiotelephone Service (part 22, subpart H of this 
chapter).
    (8) Air-Ground Radiotelephone Service (part 22, subpart G of this 
chapter).
    (9) Offshore Radiotelephone Service (part 22, subpart I 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) Mobile operations in the 218-219 MHz Service (part 95, subpart 
F of this chapter) that provide for-profit interconnected service to the 
public;
    (13) 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
    (14) 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.
    (A) The petition must show that: (1) The mobile service in question 
meets the definition of commercial mobile radio service; or
    (2) The mobile service in question is the functional equivalent of a 
service that meets the definition of a commercial mobile radio service.
    (B) A variety of factors will be evaluated to make a determination 
whether the mobile service in question is the functional equivalent of a 
commercial mobile radio service, including: consumer demand for the 
service to determine whether the service is closely substitutable for a 
commercial mobile radio service; whether changes in price for the 
service under examination, or for the comparable commercial mobile radio 
service would prompt customers to change from one service to the other; 
and market research information identifying the targeted market for the 
service under review.
    (C) The petition must contain specific allegations of fact supported 
by affidavit(s) of person(s) with personal knowledge. The petition must 
be served on the mobile service provider against whom it is filed and 
contain a certificate of service to this effect. The mobile service 
provider may file an opposition to the petition and the petitioner may 
file a reply. The general rules of practice and procedure contained in 
Secs. 1.1 through 1.52 of this chapter shall apply.
    (b) Licensees of a Personal Communications Service or applicants for 
a Personal Communications Service license, and VHF Public Coast Station 
geographic area licensees or applicants, proposing to use any Personal 
Communications Service or VHF Public Coast Station spectrum to offer 
service on a private mobile radio service basis must overcome the 
presumption that Personal Communications Service and VHF 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 VHF Public Coast 
Station service on a private mobile radio service basis. The 
certification must include a description of the proposed service 
sufficient to demonstrate that it is not within the definition of 
commercial mobile radio service in Sec. 20.3. Any application requesting 
to use any Personal Communications Service or VHF Public Coast Station 
spectrum to offer service on a private mobile radio service basis

[[Page 12]]

will be placed on public notice by the Commission.
    (2) Any interested party may file a petition to deny the application 
within 30 days after the date of public notice announcing the acceptance 
for filing of the application. The petition shall contain specific 
allegations of fact supported by affidavit(s) of person(s) with personal 
knowledge to show that the applicant's request does not rebut the 
commercial mobile radio service presumption. The petition must be served 
on the applicant and contain a certificate of service to this effect. 
The applicant may file an opposition with allegations of fact supported 
by affidavit. The petitioner may file a reply. No additional pleadings 
will be allowed. The general rules of practice and procedure contained 
in Secs. 1.1 through 1.52 of this chapter and Sec. 22.30 of this chapter 
shall apply.
    (c) Any provider of private land mobile service before August 10, 
1993 (including any system expansions, modifications, or acquisitions of 
additional licenses in the same service, even if authorized after this 
date), and any private paging service utilizing frequencies allocated as 
of January 1, 1993, that meet the definition of commercial mobile radio 
service, shall, except for purposes of Sec. 20.5 (applicable August 10, 
1993 for the providers listed in this paragraph), be treated as private 
mobile radio service until August 10, 1996. After this date, these 
entities will be treated as commercial mobile radio service providers 
regulated under this part.

[59 FR 18495, Apr. 19, 1994, as amended at 62 FR 18843, Apr. 17, 1997; 
63 FR 40062, July 27, 1998; 64 FR 26887, May 18, 1999; 64 FR 59659, Nov. 
3, 1999; 66 FR 10968, Feb. 21, 2001]



Sec. 20.11  Interconnection to facilities of local exchange carriers.

    (a) A local exchange carrier must provide the type of 
interconnection reasonably requested by a mobile service licensee or 
carrier, within a reasonable time after the request, unless such 
interconnection is not technically feasible or economically reasonable. 
Complaints against carriers under section 208 of the Communications Act, 
47 U.S.C. 208, alleging a violation of this section shall follow the 
requirements of Secs. 1.711-1.734 of this chapter, 47 CFR 1.711-1.734.
    (b) Local exchange carriers and commercial mobile radio service 
providers shall comply with principles of mutual compensation.
    (1) A local exchange carrier shall pay reasonable compensation to a 
commercial mobile radio service provider in connection with terminating 
traffic that originates on facilities of the local exchange carrier.
    (2) A commercial mobile radio service provider shall pay reasonable 
compensation to a local exchange carrier in connection with terminating 
traffic that originates on the facilities of the commercial mobile radio 
service provider.
    (c) Local exchange carriers and commercial mobile radio service 
providers shall also comply with applicable provisions of part 51 of 
this chapter.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 45619, Aug. 29, 1996]



Sec. 20.12  Resale and roaming.

    (a) Scope of section. This section is applicable to providers of 
Broadband Personal Communications Services (part 24, subpart E of this 
chapter), Cellular Radio Telephone Service (part 22, subpart H of this 
chapter), and Specialized Mobile Radio Services in the 800 MHz and 900 
MHz bands (included in part 90, subpart S of this chapter) if such 
providers offer real-time, two-way switched voice or data service that 
is interconnected with the public switched network and utilizes an in-
network switching facility that enables the provider to reuse 
frequencies and accomplish seamless hand-offs of subscriber calls. The 
scope of paragraph (b) of this section, concerning the resale rule, is 
further limited so as to exclude from the requirements of that paragraph 
those Broadband Personal Communications Services C, D, E, and F block 
licensees that do not own and control and are not owned and controlled 
by firms also holding cellular, A, or B block licenses.
    (b) Resale. The resale rule is applicable as follows:
    (1) Each carrier subject to paragraph (b) of this section shall not 
restrict the resale of its services, unless the carrier

[[Page 13]]

demonstrates that the restriction is reasonable.
    (2) The resale requirement shall not apply to customer premises 
equipment, whether or not it is bundled with services subject to the 
resale requirement in this paragraph.
    (3) 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 the 1930-1990 MHz bands is awarded; i.e., at the close of 
November 24, 2002.
    (c) Roaming. Each carrier 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.

[64 FR 61027, Nov. 9, 1999, as amended at 65 FR 58482, Sept. 29, 2000]



Sec. 20.13  State petitions for authority to regulate rates.

    (a) States may petition for authority to regulate the intrastate 
rates of any commercial mobile radio service. The petition must include 
the following:
    (1) Demonstrative evidence that market conditions in the state for 
commercial mobile radio services do not adequately protect subscribers 
to such services from unjust and unreasonable rates or rates that are 
unjustly or unreasonably discriminatory. Alternatively, a state's 
petition may include demonstrative evidence showing that market 
conditions for commercial mobile radio services do not protect 
subscribers adequately from unjust and unreasonable rates, or rates that 
are unjustly or unreasonably discriminatory, and that a substantial 
portion of the commercial mobile radio service subscribers in the state 
or a specified geographic area have no alternative means of obtaining 
basic telephone service. This showing may include evidence of the range 
of basic telephone service alternatives available to consumers in the 
state.
    (2) The following is a non-exhaustive list of examples of the types 
of evidence, information, and analysis that may be considered pertinent 
to determine market conditions and consumer protection by the Commission 
in reviewing any petition filed by a state under this section:
    (i) The number of commercial mobile radio service providers in the 
state, the types of services offered by commercial mobile radio service 
providers in the state, and the period of time that these 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

[[Page 14]]

such rates, that demonstrates the inability of the commercial mobile 
radio service marketplace in the state to produce reasonable rates 
through competitive forces will be considered especially probative; and
    (viii) Information regarding customer satisfaction or 
dissatisfaction with services offered by commercial mobile radio service 
providers, including statistics and other information about complaints 
filed with the state regulatory commission.
    (3) Petitions must include a certification that the state agency 
filing the petition is the duly authorized state agency responsible for 
the regulation of telecommunication services provided in the state.
    (4) Petitions must identify and describe in detail the rules the 
state proposes to establish if the petition is granted.
    (5) States have the burden of proof. Interested parties may file 
comments in support or in opposition to the petition within 30 days 
after public notice of the filing of a petition by a state under this 
section. Any interested party may file a reply within 15 days after the 
expiration of the filing period for comments. No additional pleadings 
may be filed. Except for Sec. 1.45 of this chapter, practice and 
procedure rules contained in Secs. 1.42-1.52 of this chapter shall 
apply. The provisions of Secs. 1.771-1.773 of this chapter do not apply.
    (6) The Commission shall act upon any petition filed by a state 
under this paragraph not later than the end of the nine-month period 
after the filing of the petition.
    (7) If the Commission grants the petition, it shall authorize the 
state to regulate rates for commercial mobile radio services in the 
state during a reasonable period of time, as specified by the 
Commission. The period of time specified by the Commission will be that 
necessary to ensure that rates are just and reasonable, or not unjustly 
or unreasonably discriminatory.
    (b) States that regulated rates for commercial mobile services as of 
June 1, 1993, may petition the Commission under this section before 
August 10, 1994, to extend this authority.
    (1) The petition will be acted upon by the Commission in accordance 
with the provisions of paragraphs (a)(1) through (a)(5) of this section.
    (2) The Commission shall act upon the petition (including any 
reconsideration) not later than the end of the 12-month period following 
the date of the filing of the petition by the state involved. Commercial 
mobile radio service providers offering such service in the state shall 
comply with the existing regulations of the state until the petition and 
any reconsideration of the petition are acted upon by the Commission.
    (3) The provisions of paragraph (a)(7) of this section apply to any 
petition granted by the Commission under this paragraph.
    (c) No sooner than 18 months from grant of authority by the 
Commission under this section for state rate regulations, any interested 
party may petition the Commission for an order to discontinue state 
authority for rate regulation.
    (1) Petitions to discontinue state authority for rate regulation 
must be based on recent empirical data or other significant evidence 
demonstrating that the exercise of rate authority by a state is no 
longer necessary to ensure that the rates for commercial mobile are just 
and reasonable or not unjustly or unreasonably discriminatory.
    (2) Any interested party may file comments in support of or in 
opposition to the petition within 30 days after public notice of the 
filing of the petition. Any interested party may file a reply within 15 
days after the time for filing comments has expired. No additional 
pleadings may be filed. Except for 1.45 of this chapter, practice and 
procedure rules contained in Sec. 1.42-1.52 of this chapter apply. The 
provisions of Secs. 1.771-1.773 of this chapter do not apply.
    (3) The Commission shall act upon any petition filed by any 
interested party under this paragraph within nine months after the 
filing of the petition.



Sec. 20.15  Requirements under Title II of the Communications Act.

    (a) Commercial mobile radio services providers, to the extent 
applicable, must comply with sections 201, 202, 206, 207, 208, 209, 216, 
217, 223, 225, 226, 227, and 228 of the Communications Act, 47

[[Page 15]]

U.S.C. 201, 202, 206, 207, 208, 209, 216, 217, 223, 225, 226, 227, 228; 
part 68 of this chapter, 47 CFR part 68; and Secs. 1.701-1.748, and 
1.815 of this chapter, 47 CFR 1.701-1.748, 1.815.
    (b) Commercial mobile radio service providers are not required to:
    (1) File with the Commission copies of contracts entered into with 
other carriers or comply with other reporting requirements, or with 
Secs. 1.781 through 1.814 and 43.21 of this chapter; except that 
commercial radio service providers that offer broadband service, as 
described in Sec. 1.7001(a) or mobile telephony are required to file 
reports pursuant to Secs. 1.7000 and 43.11 of this chapter to the extent 
that they meet the thresholds as set out in Secs. 1.7001(b) and 43.11(a) 
of this chapter. For purposes of this section mobile, telephony is 
defined as real-time, two-way switched voice service that is 
interconnected with the public switched network utilizing an in-network 
switching facility that enables the provider to reuse frequencies and 
accomplish seamless handoff of subscriber calls.
    (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 international and interstate service to their customers, interstate 
access service, or international and interstate operator service. 
Sections 1.771 through 1.773 and part 61 of this chapter are not 
applicable to international and interstate services provided by 
commercial mobile radio service providers. Commercial mobile radio 
service providers shall cancel tariffs for international and interstate 
service to their customers, interstate access service, and international 
and interstate operator service.
    (d) Except as specified as in paragraphs (d)(1) and (2), 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.
    (1) Notwithstanding the provisions of Sec. 63.21(c) of this chapter, 
a commercial mobile radio service provider is not required to comply 
with Sec. 42.10 of this chapter.
    (2) A commercial mobile radio service (CMRS) provider that is 
classified as dominant under Sec. 63.10 of this chapter due to an 
affiliation with a foreign carrier is required to comply with Sec. 42.11 
of this chapter if the affiliated foreign carrier collects settlement 
payments from U.S. carriers for terminating U.S. international switched 
traffic at the foreign end of the route. Such a CMRS provider is not 
required to comply with Sec. 42.11, however, if it provides service on 
the affiliated route solely through the resale of an unaffiliated 
facilities-based provider's international switched services.
    (3) For purposes of paragraphs (d)(1) and (2) of this section, 
affiliated and foreign carrier are defined in Sec. 63.09 of this 
Chapter.
    (e) For obligations of commercial mobile radio service providers to 
provide local number portability, see Sec. 52.1 of this chapter.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38637, July 25, 1996; 
63 FR 43040, Aug. 11, 1998; 65 FR 19685, Apr. 12, 2000; 65 FR 24654, 
Apr. 27, 2000; 66 FR 16879, Mar. 28, 2001]



Sec. 20.18  911 Service.

    (a) Scope of section. The following requirements are only applicable 
to Broadband Personal Communications Services (part 24, subpart E of 
this chapter), Cellular Radio Telephone Service (part 22, subpart H of 
this chapter), and Geographic Area Specialized Mobile Radio Services and 
Incumbent Wide Area SMR Licensees in the 800 MHz and 900 MHz bands 
(included in part 90, subpart S of this chapter). In addition, service 
providers in these enumerated services are subject to the following 
requirements solely to the extent that they offer real-time, two way 
switched voice service that is interconnected with the public switched 
network and utilize an in-network switching facility which enables the 
provider to reuse frequencies and accomplish seamless hand-offs of 
subscriber calls.
    (b) Basic 911 Service. Licensees subject to this section must 
transmit all wireless 911 calls without respect to their call validation 
process to a Public

[[Page 16]]

Safety Answering Point, provided that ``all wireless 911 calls'' is 
defined as ``any call initiated by a wireless user dialing 911 on a 
phone using a compliant radio frequency protocol of the serving 
carrier.''
    (c) TTY Access to 911 Services. Licensees subject to this section 
must be capable of transmitting 911 calls from individuals with speech 
or hearing disabilities through means other than mobile radio handsets, 
e.g., through the use of Text Telephone Devices (TTY).

    Note to Paragraph (c):
    Operators of digital wireless systems must begin complying with the 
provisions of this paragraph on or before June 30, 2002.

    (d) Phase I enhanced 911 services. (1) As of April 1, 1998, or 
within six months of a request by the designated Public Safety Answering 
Point as set forth in paragraph (j) of this section, whichever is later, 
licensees subject to this section must provide the telephone number of 
the originator of a 911 call and the location of the cell site or base 
station receiving a 911 call from any mobile handset accessing their 
systems to the designated Public Safety Answering Point through the use 
of ANI and Pseudo-ANI.
    (2) When the directory number of the handset used to originate a 911 
call is not available to the serving carrier, such carrier's obligations 
under the paragraph (d)(1) extend only to delivering 911 calls and 
available calling party information to the designated Public Safety 
Answering Point.

    Note to paragraph (d):
    With respect to 911 calls accessing their systems through the use of 
TTYs, licensees subject to this section must comply with the 
requirements in paragraphs (d)(1) and (d)(2) of this section, as to 
calls made using a digital wireless system, as of October 1, 1998.

    (e) Phase II enhanced 911 service. Licensees subject to this section 
must provide to the designated Public Safety Answering Point Phase II 
enhanced 911 service, i.e., the location of all 911 calls by longitude 
and latitude in conformance with Phase II accuracy requirements (see 
paragraph (h) of this section).
    (f) Phase-in for network-based location technologies. Licensees 
subject to this section who employ a network-based location technology 
shall provide Phase II 911 enhanced service to at least 50 percent of 
their coverage area or 50 percent of their population beginning October 
1, 2001, or within 6 months of a PSAP request, whichever is later; and 
to 100 percent of their coverage area or 100 percent of their population 
within 18 months of such a request or by October 1, 2002, whichever is 
later.
    (g) Phase-in for handset-based location technologies. Licensees 
subject to this section who employ a handset-based location technology 
may phase in deployment of Phase II enhanced 911 service, subject to the 
following requirements:
    (1) Without respect to any PSAP request for deployment of Phase II 
911 enhanced service, the licensee shall:
    (i) Begin selling and activating location-capable handsets no later 
than October 1, 2001;
    (ii) Ensure that at least 25 percent of all new handsets activated 
are location-capable no later than December 31, 2001;
    (iii) Ensure that at least 50 percent of all new handsets activated 
are location-capable no later than June 30, 2002; and
    (iv) Ensure that 100 percent of all new digital handsets activated 
are location-capable no later than December 31, 2002, and thereafter.
    (v) By December 31, 2005, achieve 95 percent penetration of 
location-capable handsets among its subscribers.
    (2) Once a PSAP request is received, the licensee shall, in the area 
served by the PSAP, within six months or by October 1, 2001, whichever 
is later:
    (i) Install any hardware and/or software in the CMRS network and/or 
other fixed infrastructure, as needed, to enable the provision of Phase 
II enhanced 911 service; and
    (ii) Begin delivering Phase II enhanced 911 service to the PSAP.
    (3) For all 911 calls from portable or mobile phones that do not 
contain the hardware and/or software needed to enable the licensee to 
provide Phase II enhanced 911 service, the licensee shall, after a PSAP 
request is received, support, in the area served by the PSAP, Phase I 
location for 911 calls or other

[[Page 17]]

available best practice method of providing the location of the portable 
or mobile phone to the PSAP.
    (4) Licensees employing handset-based location technologies shall 
ensure that location-capable portable or mobile phones shall conform to 
industry interoperability standards designed to enable the location of 
such phones by multiple licensees.
    (h) Phase II accuracy. Licensees subject to this section shall 
comply with the following standards for Phase II location accuracy and 
reliability:
    (1) For network-based technologies: 100 meters for 67 percent of 
calls, 300 meters for 95 percent of calls;
    (2) For handset-based technologies: 50 meters for 67 percent of 
calls, 150 meters for 95 percent of calls.
    (3) For the remaining 5 percent of calls, location attempts must be 
made and a location estimate for each call must be provided to the 
appropriate PSAP.
    (i) Reports on Phase II plans. Licensees subject to this section 
shall report to the Commission their plans for implementing Phase II 
enhanced 911 service, including the location-determination technology 
they plan to employ and the procedure they intend to use to verify 
conformance with the Phase II accuracy requirements by November 9, 2000. 
Licensees are required to update these plans within thirty days of the 
adoption of any change. These reports and updates may be filed 
electronically in a manner to be designated by the Commission.
    (j) Conditions for enhanced 911 services. The requirements set forth 
in paragraphs (d) through (h) 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 Public Safety Answering Point's costs 
of the enhanced 911 service is in place.
    (k) Dispatch service. A service provider covered by this section who 
offers dispatch service to customers may meet the requirements of this 
section with respect to customers who utilize dispatch service either by 
complying with the requirements set forth in paragraphs (b) through (e) 
of this section, or by routing the customer's emergency calls through a 
dispatcher. If the service provider chooses the latter alternative, it 
must make every reasonable effort to explicitly notify its current and 
potential dispatch customers and their users that they are not able to 
directly reach a PSAP by calling 911 and that, in the event of an 
emergency, the dispatcher should be contacted.

[63 FR 2637, Jan. 16, 1998, as amended at 64 FR 60130, Nov. 4, 1999; 64 
FR 72956, Dec. 29, 1999; 65 FR 58661, Oct. 2, 2000; 65 FR 82295, Dec. 
28, 2000]



Sec. 20.20  Conditions applicable to provision of CMRS service by incumbent Local Exchange Carriers.

    (a) Separate affiliate. An incumbent LEC providing in-region 
broadband CMRS shall provide such services through an affiliate that 
satisfies the following requirements:
    (1) The affiliate shall maintain separate books of account from its 
affiliated incumbent LEC. Nothing in this section requires the affiliate 
to maintain separate books of account that comply with part 32 of this 
chapter;
    (2) The affiliate shall not jointly own transmission or switching 
facilities with its affiliated incumbent LEC that 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

[[Page 18]]

unbundled network elements or exchange services for the provision of a 
telecommunications service from its affiliated incumbent LEC, subject to 
the same terms and conditions as provided in an agreement approved under 
section 252 of the Communications Act of 1934, as amended.
    (b) Independence. The affiliate required in paragraph (a) of this 
section shall be a separate legal entity from its affiliated incumbent 
LEC. The affiliate may be staffed by personnel of its affiliated 
incumbent LEC, housed in existing offices of its affiliated incumbent 
LEC, and use its affiliated incumbent LEC's marketing and other 
services, subject to paragraphs (a)(3) and (c) of this section.
    (c) Joint marketing. Joint marketing of local exchange and exchange 
access service and CMRS services by an incumbent LEC shall be subject to 
part 32 of this chapter. In addition, such agreements between the 
affiliate and the incumbent LEC must be reduced to writing and made 
available for public inspection upon request at the principle place of 
business of the affiliate and the incumbent LEC. The documentation must 
include a certification statement identical to the certification 
statement currently required to be included with all Automated Reporting 
and Management Information Systems (ARMIS) reports. The affiliate must 
also provide a detailed written description of the terms and conditions 
of the transaction on the Internet within 10 days of the transaction 
through the affiliate's home page.
    (d) Exceptions. (1) Rural telephone companies. Rural telephone 
companies are exempted from the requirements set forth in paragraphs 
(a), (b) and (c) of this section. A competing telecommunications 
carrier, interconnected with the rural telephone company, however, may 
petition the FCC to remove the exemption, or the FCC may do so on its 
own motion, where the rural telephone company has engaged in 
anticompetitive conduct.
    (2) Incumbent LECs with fewer than 2 percent of subscriber lines. 
Incumbent LECs with fewer than 2 percent of the nation's subscriber 
lines installed in the aggregate nationwide may petition the FCC for 
suspension or modification of the requirements set forth in paragraphs 
(a), (b) and (c) of this section. The FCC will grant such a petition 
where the incumbent LEC demonstrates that suspension or modification of 
the separate affiliate requirement is
    (i) Necessary to avoid a significant adverse economic impact on 
users of telecommunications services generally or to avoid a requirement 
that would be unduly economically burdensome, and
    (ii) Consistent with the public interest, convenience, and 
necessity.
    (e) Definitions. Terms used in this section have the following 
meanings:
    Affiliate. ``Affiliate'' means a person that (directly or 
indirectly) owns or controls, is owned or controlled by, or is under 
common ownership with, another person. For purposes of this section, the 
term ``own'' means to own an equity interest (or the equivalent thereof) 
of more than 10 percent.
    Broadband Commercial Mobile Radio Service (Broadband CMRS). For the 
purposes of this section, ``broadband CMRS'' means Cellular 
Radiotelephone 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).
    Incumbent Local Exchange Carrier (Incumbent LEC). ``Incumbent LEC'' 
has the same meaning as that term is defined in Sec. 51.5 of this 
chapter.
    In-region. For the purposes of this section, an incumbent LEC's 
broadband CMRS service is considered ``in-region'' when 10 percent or 
more of the population covered by the CMRS affiliate's authorized 
service area, as determined by the 1990 census figures, is within the 
affiliated incumbent LEC's wireline service area.
    Rural Telephone Company. ``Rural Telephone Company'' has the same 
meaning as that term is defined in Sec. 51.5 of this chapter.
    (f) Sunset. This section will no longer be effective after January 
1, 2002.

[62 FR 63871, Dec. 3, 1997, as amended at 66 FR 10968, Feb. 21, 2001]

[[Page 19]]



PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES--Table of Contents




                           Subpart A--General

Sec.
21.1  Scope and authority.
21.2  Definitions.

                  Subpart B--Applications and Licenses

                       General Filing Requirements

21.3  Station authorization required.
21.4  Eligibility for station license.
21.5  Formal and informal applications.
21.6  Filing of applications, fees, and number of copies.
21.7  Standard application form for domestic public fixed radio service 
          licenses.
21.8-21.10  [Reserved]
21.11  Miscellaneous forms.
21.12  [Reserved]
21.13  General application requirements.
21.14  [Reserved]
21.15  Technical content of applications.
21.16  [Reserved]
21.17  Certification of financial qualifications.
21.18  [Reserved]
21.19  Waiver of rules.
21.20  Defective applications.
21.21  Inconsistent or conflicting applications.
21.22  Repetitious applications.
21.23  Amendment of applications.
21.24  [Reserved]
21.25  Application for temporary authorizations.

                       Processing of Applications

21.26  Receipt of applications.
21.27  Public notice period.
21.28  Dismissal and return of applications.
21.29  Ownership changes and agreements to amend or to dismiss 
          applications or pleadings.
21.30  Opposition to applications.
21.31  Mutually exclusive applications.
21.32  Consideration of applications.
21.33  Grants by random selection.
21.34  [Reserved]
21.35  Comparative evaluation of mutually exclusive applications.
21.36--21.37  [Reserved]

      License Transfers, Modifications, Conditions and Forfeitures

21.38  Assignment or transfer of station authorization.
21.39  Considerations involving transfer or assignment applications.
21.40  Modification of station license.
21.41  Special processing of applications for minor facility 
          modifications.
21.42  Certain modifications not requiring prior authorization.
21.43  Period of construction; certification of completion of 
          construction.
21.44  Forfeiture and termination of station authorization.
21.45  License period.
21.50  Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from Domestic 
          Public Fixed Radio Services to emerging technologies.

                     Subpart C--Technical Standards

21.100  Frequencies.
21.101  Frequency tolerance.
21.102--21.104  [Reserved]
21.105  Bandwidth.
21.106  Emission limitations.
21.107  Transmitter power.
21.108  [Reserved]
21.109  Antenna and antenna structures.
21.110  Antenna polarization.
21.111  Use of common antenna structure.
21.112  Marking of antenna structures.
21.113  Quiet zones and Arecibo Coordination Zone.
21.114-21.115  [Reserved]
21.116  Topographical data.
21.117  Transmitter location.
21.118  Transmitter construction and installation.
21.119  [Reserved]
21.120  Authorization of transmitters.
21.121  [Reserved]
21.122  Microwave digital modulation.

                     Subpart D--Technical Operation

21.200  Station inspection.
21.201  Posting of station license.
21.202--21.208  [Reserved]
21.209  Communications concerning safety of life and property.
21.210  Operation during emergency.
21.211  Suspension of transmission.

                        Subpart E--Miscellaneous

21.300  [Reserved]
21.301  National defense; free service.
21.302  Answers to notices of violation.
21.303  Discontinuance, reduction or impairment of service.
21.304  Tariffs, reports, and other material required to be submitted to 
          the Commission.
21.305  Reports required concerning amendments to charters and 
          partnership agreements.
21.306  Requirement that licensees respond to official communications.
21.307  Equal employment opportunities.

                 Subpart F--Developmental Authorizations

21.400  Eligibility.
21.401  Scope of service.
21.402  Adherence to program of research and development.

[[Page 20]]

21.403  Special procedure for the development of a new service or for 
          the use of frequencies not in accordance with the provisions 
          of the rules in this part.
21.404  Terms of grant; general limitations.
21.405  Supplementary showing required.
21.406  Developmental report required.

Subparts G--J  [Reserved]

               Subpart K--Multipoint Distribution Service

21.900  Eligibility.
21.901  Frequencies.
21.902  Interference.
21.903  Purpose and permissible service.
21.904  EIRP limitations.
21.905  Emissions and bandwidth.
21.906  Antennas.
21.907  [Reserved]
21.908  Transmitting equipment.
21.909  MDS response stations.
21.910  Special procedures for discontinuance, reduction or impairment 
          of service by common carrier licensees.
21.911  Annual reports.
21.912  Cable television company eligibility requirements and MDS/cable 
          cross-ownership.
21.913  Signal booster stations.
21.914  Mutually-exclusive MDS applications.
21.915  One-to-a-market requirement.
21.920  Applicability of cable television EEO requirements to MDS and 
          MMDS facilities.
21.921  Basis and purpose for electronic filing and competitive bidding 
          process.
21.922  Authorized frequencies.
21.923  Eligibility.
21.924  Service areas.
21.925  Applications for BTA authorizations and MDS station licenses.
21.926  Amendments to long-form applications.
21.927  Sole bidding applicants.
21.928  Acceptability of short- and long-form applications.
21.929  Authorization period for station licenses.
21.930  Five-year build-out requirements.
21.931  Partitioned service areas (PSAs).
21.932  Forfeiture of incumbent MDS station licenses.
21.933  Protected service areas.
21.934  Assignment or transfer of control of BTA authorizations.
21.935  Assignment or transfer of control of station licenses within a 
          BTA.
21.936  Cancellation of authorization.
21.937  Negotiated interference protection.
21.938  BTA and PSA technical and interference provisions.
21.939  Harmful interference abatement.
21.940  Non-subscription MDS service.
21.941--21.948  [Reserved]
21.949  Individually licensed 125 kHz channel MDS response stations.
21.950  MDS subject to competitive bidding.
21.951  MDS competitive bidding procedures.
21.952  Bidding application procedures.
21.953  Prohibition of collusion.
21.954  Submission of up front payments.
21.955  Submission of down payments.
21.956  Filing of long-form applications or statements of intention.
21.957  Petitions to deny against long-form applications; comments on 
          statements of intention.
21.958  Full payment and issuance of BTA authorizations.
21.959  Withdrawal, default and disqualification.
21.960  Designated entity provisions for MDS.
21.961  Definitions applicable to designated entity provisions.

    Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313, 
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073, 1076, 
1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151, 154, 201-
205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47 U.S.C. 552, 
554.

    Source: 44 FR 60534, Oct. 19, 1979, unless otherwise noted.



                           Subpart A--General



Sec. 21.1  Scope and authority.

    (a) The purpose of the rules and regulations in this part is to 
prescribe the manner in which portions of the radio spectrum may be made 
available for domestic communication common carrier and multipoint 
distribution service non-common carrier operations which require 
transmitting facilities on land or in specified offshore coastal areas 
within the continental shelf.
    (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

[[Page 21]]

are contained in chapter I, title 47 of the Code of Federal Regulations.

[52 FR 37776, Oct. 9, 1987]



Sec. 21.2  Definitions.

    As used in this part:
    Antenna power gain. The square of the ratio of the root-mean-square 
free space field intensity produced at one mile in the horizontal plane, 
in millivolts per meter for one kilowatt antenna input power to 137.6 
mV/m. This ratio should be expressed in decibels (dB). (If specified for 
a particular direction, antenna power gain is based on the field 
strength in that direction only.)
    Antenna power input. The radio frequency peak or RMS power, as the 
case may be, supplied to the antenna from the antenna transmission line 
and its associated impedance matching network.
    Antenna structures. The antenna, its supporting structure and 
anything attached to it.
    Assigned frequency. The centre of the frequency band assigned to a 
station.
    Authorized bandwidth. The maximum width of the band of frequencies 
permitted to be used by a station. This is normally considered to be the 
necessary or occupied bandwidth, whichever is greater.
    Authorized frequency. The frequency, or frequency range, assigned to 
a station by the Commission and specified in the instrument of 
authorization.
    Authorized power. The maximum power a station is permitted to use. 
This power is specified by the Commission in the station's 
authorization.
    Bandwidth occupied by an emission. The band of frequencies 
comprising 99 percent of the total radiated power extended to include 
any discrete frequency on which the power is at least 0.25 percent of 
the total radiated power.
    Basic Trading Area (BTA). The geographic areas by which the 
Multipoint Distribution Service is licensed. BTA boundaries are based on 
the Rand McNally 1992 Commercial Atlas and Marketing Guide, 123rd 
Edition, pp. 36-39, and include six additional BTA-like areas as 
specified in Sec. 21.924(b).
    Bit rate. The rate of transmission of information in binary (two 
state) form in bits per unit time.
    Booster service area. A geographic area to be designated by an 
applicant for a booster station, within which the booster station shall 
be entitled to protection against interference as set forth in this 
part. The booster service area must be specified by the applicant so as 
to not overlap the booster service area of any other booster authorized 
to or proposed by the applicant. However, a booster station may provide 
service to receive sites outside of its booster service area, at the 
licensee's risk of interference.
    BTA authorization holder. The individual or entity authorized by the 
Commission to provide Multipoint Distribution Service to the population 
of a BTA.
    BTA service area. The area within the boundaries of a BTA to which a 
BTA authorization holder may provide Multipoint Distribution Service. 
This area excludes the protected service areas of incumbent MDS stations 
and previously proposed and authorized ITFS facilities, including 
registered receive sites.
    Carrier. In a frequency stabilized system, the sinusoidal component 
of a modulated wave whose frequency is independent of the modulating 
wave; or the output of a transmitter when the modulating wave is made 
zero; or a wave generated at a point in the transmitting system and 
subsequently modulated by the signal; or a wave generated locally at the 
receiving terminal which when combined with the side bands in a suitable 
detector, produces the modulating wave.
    Carrier frequency. The output of a transmitter when the modulating 
wave is made zero.
    Channel. Unless otherwise specified, a channel under this part shall 
refer to a 6 MHz frequency block assigned pursuant to Secs. 21.901(b) or 
74.902(a) of this chapter.
    Communication common carrier. Any person engaged in rendering 
communication service for hire to the public.
    Control point. A control point is an operating position at which an 
operator responsible for the operation of the transmitter is stationed 
and which

[[Page 22]]

is under the control and supervision of the licensee.
    Control station. A fixed station whose transmissions are used to 
control automatically the emissions or operations of another radio 
station at a specified location, or to transmit automatically to an 
alarm center telemetering information relative to the operation of such 
station.
    Coordination distance. For the purpose of this part, the expression 
``coordination distance'' means the distance from an earth station, 
within which there is a possibility of the use of a given transmitting 
frequency at this earth station causing harmful interference to stations 
in the fixed or mobile service, sharing the same band, or of the use of 
a given frequency for reception at this earth station receiving harmful 
interference from such stations in the fixed or mobile service.
    Digital modulation. The process by which some characteristic 
(frequency, phase, amplitude or combinations thereof) of a carrier 
frequency is varied in accordance with a digital signal, e.g. one 
consisting of coded pulses or states.
    Documented complaint. A complaint that a party is suffering from 
non-consensual interference. A documented complaint must contain a 
certification that the complainant has contacted the operator of the 
allegedly offending facility and tried to resolve the situation prior to 
filing. The complaint must then specify the nature of the interference, 
whether the interference is constant or intermittent, when the 
interference began and the site(s) most likely to be causing the 
interference. The complaint should be accompanied by a videotape or 
other evidence showing the effects of the interference. The complaint 
must contain a motion for a temporary order to have the interfering 
station cease transmitting. The complaint must be filed with the 
Secretary's office and served on the allegedly offending party.
    Domestic fixed public service. A fixed service, the stations of 
which are open to public correspondence, for radiocommunications 
originating and terminating solely at points all of which lie within:
    (a) The State of Alaska;
    (b) The State of Hawaii;
    (c) The contiguous 48 States and the District of Columbia; or
    (d) A single possession of the United States. Generally, in cases 
where service is afforded on frequencies above 72 MHz, radio-
communications between the contiguous 48 States (including the District 
of Columbia) and Canada or Mexico, or radiocommunications between the 
State of Alaska and Canada, are deemed to be in the domestic fixed 
public service.
    Domestic public radio services. The land mobile and domestic fixed 
public services the stations which are open to public correspondence.

    Note: Part 80 of this chapter is applicable to the maritime services 
and fixed stations associated with the maritime services; part 87 of 
this chapter is applicable to aeronautical services.

    Earth station. A station located either on the earth's surface or 
within the major portion of the earth's atmosphere and intended for 
communications:
    (a) With one or more space stations; or
    (b) With one or more stations of the same kind by means of one or 
more reflecting satellites or other objects in space.
    Effective radiated power (ERP). The product of the power supplied to 
the antenna and its gain relative to a half-wave dipole in a given 
direction.
    Equivalent Isotropically Radiated Power (EIRP). The product of the 
power supplied to the antenna and the antenna gain in a given direction 
relative to an isotropic antenna. This product may be expressed in watts 
or dB above 1 watt (dBW).
    Facsimile. A form of telegraphy for the transmission of fixed 
images, with or without half-tones, with a view to their reproduction in 
a permanent form.
    Fixed earth station. An earth station intended to be used at a 
specified fixed point.
    Fixed station. A station in the fixed service.
    Frequency tolerance. The maximum permissible departure by the centre 
frequency of the frequency band occupied by an emission from the 
assigned

[[Page 23]]

frequency or, by the characteristic frequency of an emission from the 
reference frequency. The frequency tolerance is expressed as a 
percentage or in Hertz.
    Harmful interference. Interference which endangers the functioning 
of a radionavigation service or of other safety services or seriously 
degrades, obstructs, or repeatedly interrupts a radiocommunication 
service.
    Incumbent. An MDS station that was authorized or proposed before 
September 15, 1995, including those stations that are subsequently 
modified, renewed or reinstated.
    Landing area. A landing area means any locality, either of land or 
water, including airports and intermediate landing fields, which is 
used, or approved for use for the landing and take-off of aircraft, 
whether or not facilities are provided for the shelter, servicing, or 
repair of aircraft, or for receiving or discharging passengers or cargo.
    Microwave frequencies. As used in this part, this term refers to 
frequencies of 890 MHz and above.
    Multichannel Multipoint Distribution Service (MMDS). Those 
Multipoint Distribution Service Channels that use the frequency band 
2596 MHz to 2644 MHz and associated 125 kHz channels.
    Multipoint Distribution Service (MDS). A domestic public radio 
service rendered on microwave frequencies from one or more fixed 
stations transmitting to multiple receiving facilities located at fixed 
points. MDS also may encompass transmissions from response stations to 
response station hubs or associated fixed stations.
    Multipoint Distribution Service response station. A fixed station 
operated by an MDS licensee, the lessee of MDS channel capacity or a 
subscriber of either to communicate with a response station hub or 
associated MDS station. A response station under this part may share 
facilities with other MDS response stations and/or one or more 
Instructional Television Fixed Service (ITFS) response stations 
authorized pursuant to Sec. 74.939 of this chapter or Sec. 74.940 of 
this chapter.
    Necessary bandwidth of emission. For a given class of emission, the 
width of the frequency band that is just sufficient to ensure the 
transmission of information at the rate and with the quality required 
under specified conditions.

    Note: The necessary bandwidth for an emission may be calculated 
using the formulas in Sec. 2.202 of this chapter.

    Partitioned service area authorization holder. The individual or 
entity authorized by the Commission to provide Multipoint Distribution 
Service to the population of a partitioned service area.
    Partitioned service area (PSA). The area within the coterminous 
boundaries of one of more counties or other geopolitical subdivisions, 
drawn from a BTA, to which an authorization holder may provide 
Multipoint Distribution Service or the area remaining in a BTA upon 
partitioning any portion of that BTA. This area excludes the protected 
service areas of incumbent MDS stations and previously proposed and 
authorized ITFS stations, including registered receive sites.
    Private line service. A service whereby facilities for communication 
between two or more designated points are set aside for the exclusive 
use or availability for use of a particular customer and authorized 
users during stated periods of time.
    Public correspondence. Any telecommunication which the offices and 
stations, by reason of their being at the disposal of the public, must 
accept for transmission.
    Radio station. A separate transmitter or a group of transmitters 
under simultaneous common control, including the accessory equipment 
required for carrying on a radiocommunication service.
    Radiocommunication. Telecommunication by means of radio waves.
    Rated power output. The term ``rated power output'' of a transmitter 
means the normal radio frequency power output capability (Peak or 
Average Power) of a transmitter, under optimum conditions of adjustment 
and operation, specified by its manufacturer.
    Record communication. Any transmission of intelligence which is 
reduced to visual record form at the point of reception.
    Reference frequency. A frequency having a fixed and specified 
position with respect to the assigned frequency. The

[[Page 24]]

displacement of this frequency with respect to the assigned frequency 
has the same absolute value and sign that the displacement of the 
characteristic frequency has with respect to the center of the frequency 
band occupied by the emission.
    Relay station. A fixed station used for the reception and 
retransmission of the signals of another station or stations.
    Repeater station. A fixed station established for the automatic 
retransmission of radiocommunications received from one or more stations 
and directed to a specified receiver site.
    Response station hub. A fixed facility licensed to an MDS licensee, 
and operated by an MDS licensee or the lessee of an MDS facility, for 
the reception of information transmitted by one or more MDS response 
stations that utilize digital modulation. A response station hub 
licensed under this part may share facilities with other MDS response 
station hubs, ITFS response station hubs authorized pursuant to 
Sec. 74.939 of this chapter, MDS signal booster stations, ITFS signal 
booster stations, MDS stations, and/or ITFS stations.
    Response station hub license. A blanket license authorizing the 
operation of a single response station hub at a specific location and 
the operation of a specified number of associated digital response 
stations of one or more classes at unspecified locations within one or 
more regions of the response service area.
    Sectorization. The use of an antenna system at an MDS station, 
booster station and/or response station hub that is capable of 
simultaneously transmitting multiple signals over the same frequencies 
to different portions of the service area and/or simultaneously 
receiving multiple signals over the same frequencies from different 
portions of the service area.
    Signal Booster Station. An MDS station licensed for use in 
accordance with Sec. 21.913 that operates on one or more MDS channels. 
Signal booster stations are intended to augment service as part of a 
distributed transmission system where signal booster stations retransmit 
the signals of one or more MDS stations and/or originate transmissions 
on MDS channels. A signal booster station licensed under this part may 
share facilities with other MDS signal booster stations, ITFS signal 
booster stations authorized pursuant to Sec. 74.985 of this chapter, MDS 
response station hubs and/or ITFS response station hubs.
    Standby transmitter. A transmitter installed and maintained for use 
in lieu of the main transmitter only during periods when the main 
transmitter is out of service for maintenance or repair.
    Symbol rate. Modulation rate in bauds. This rate may be higher than 
the transmitted bit rate as in the case of coded pulses or lower as in 
the case of multilevel transmission.
    Television. A form of telecommunication for transmission of 
transient images of fixed or moving objects.
    Television STL station (studio transmitter link). A fixed station 
used for the transmission of television program material and related 
communications from a studio to the transmitter of a television 
broadcast station.

[61 FR 26671, May 28, 1996, as amended at 63 FR 65100, Nov. 25, 1998; 64 
FR 63730, Nov. 22, 1999]



                  Subpart B--Applications and Licenses

                       General Filing Requirements



Sec. 21.3  Station authorization required.

    (a) No person shall use or operate apparatus for the transmission of 
energy or communications or signals by radio except under, and in 
accordance with, an appropriate authorization granted by the Federal 
Communications Commission. Except as otherwise provided herein, no 
construction or modification of a station may be commenced without an 
authorization from the Commission. Authorizations for domestic public 
fixed radio services are governed by the provisions of this part.
    (b) If construction and or operation may have a significant 
environmental impact as defined by Sec. 1.1307 of the Commission's 
rules, the requisite environmental assessment as prescribed in 
Sec. 1.1311 of this chapter must be filed with the application and 
Commission

[[Page 25]]

environmental review must be completed before construction of the 
station is initiated. See Sec. 1.1312 of this chapter.

[52 FR 37777, Oct. 9, 1987, as amended at 55 FR 20397, May 16, 1990; 61 
FR 26673, May 28, 1996]



Sec. 21.4  Eligibility for station license.

    A station license may not be granted to or held by:
    (a) Any alien or the representative of any alien.
    (b) Any foreign government or the representative thereof.
    (c) Any corporation organized under the laws of any foreign 
government.
    (d) Any corporation of which more than one-fifth of the capital 
stock is owned of record or voted by: aliens or their representatives; a 
foreign government or representatives thereof; or any corporation 
organized under the laws of a foreign country.
    (e) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth of the capital stock is owned 
of record or voted by aliens or their representatives, or by a foreign 
government or representative thereof, or by any corporation organized 
under the laws of a foreign government, if the Commission finds that the 
public interest will be served by the refusal or revocation of such 
license.

[44 FR 60534, Oct. 19, 1979, as amended at 61 FR 55580, Oct. 28, 1996]



Sec. 21.5  Formal and informal applications.

    (a) Except for an authorization under any of the proviso clauses of 
section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a)), the 
Commission shall grant the following authorizations only upon written 
application: Station licenses; modifications of station licenses; 
renewals of station licenses; extensions of time to construct; transfers 
and assignments of station licenses or of any rights thereunder.
    (b) Except as may be otherwise permitted by this part, a separate 
written application shall be filed for each instrument of authorization 
requested. Applications may be:
    (1) ``Formal applications'' where the Commission has prescribed in 
this part a standard form; or
    (2) ``Informal applications'' (normally in letter form) where the 
Commission has not prescribed a standard form.
    (c) An informal application will be accepted for filing only if:
    (1) A standard form is not prescribed or clearly applicable to the 
authorization requested;
    (2) It is a document submitted, in duplicate, with a caption which 
indicates clearly the nature of the request, radio service involved, 
location of the station, and the application file number (if known); and
    (3) It contains all the technical details and informational showings 
required by the rules and states clearly and completely the facts 
involved and authorization desired.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37777, Oct. 9, 1987]



Sec. 21.6  Filing of applications, fees, and number of copies.

    (a) As prescribed by Secs. 21.7 and 21.11 of this part, standard 
formal application forms applicable to the radio services included in 
this part may be obtained from either:
    (1) Federal Communications Commission, Washington, DC 20554; or
    (2) Any of the Commission's field operations offices, the addresses 
of which are listed in Sec. 0.121.
    (b) Applications requiring fees as set forth in part 1, subpart G of 
this chapter must be filed in accordance with Sec. 0.401(b) of this 
chapter. Applications not requiring fees shall be submitted to: Federal 
Communications Commission, Washington, DC 20554.
    (c) All correspondence or amendments concerning a submitted 
application shall clearly identify the radio service, the name of the 
applicant, station location, and the Commission file number (if known) 
or station call sign of the application involved. All correspondence or 
amendments concerning a submitted application may be sent directly to 
the Mass Media Bureau.

[[Page 26]]

    (d) Except as otherwise specified, all applications, amendments, and 
correspondence shall be submitted in duplicate, including exhibits and 
attachments thereto, and shall be signed as prescribed by Sec. 1.743.
    (e) Each application shall be accompanied by the appropriate fee 
prescribed by, and submitted in accordance with, subpart G of part 1 of 
this chapter.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 10230, Mar. 31, 1987; 
52 FR 37777, Oct. 9, 1987; 58 FR 19774, Apr. 16, 1993; 61 FR 26673, May 
28, 1996]



Sec. 21.7  Standard application form for domestic public fixed radio service licenses.

    Except for the Multipoint Distribution Service, FCC Form 494 ( 
``Application for a New and Modified Microwave Radio Station License 
Under Part 21'' ) shall be submitted and a license granted for each 
station prior to commencement of any proposed station construction. FCC 
Form 494 also shall be submitted to amend any license application, to 
modify any license pursuant to Secs. 21.40(a) and 21.41, to notify the 
Commission of modifications made pursuant to Sec. 21.42, and to delete 
licensed facilities. FCC Form 494A shall be submitted to certify 
completion of construction.

[52 FR 37777, Oct. 9, 1987, as amended at 60 FR 36551, July 17, 1995]



Secs. 21.8-21.10  [Reserved]



Sec. 21.11  Miscellaneous forms.

    (a) Licensee qualifications. FCC Form 430 (``Licensee Qualification 
Report'') must be filed annually, no later than March 31 for the end of 
the preceding calendar year, unless the licensee operates solely on a 
common carrier basis and service was not 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.
    (b) Additional time to construct--FCC Form 701 (``Application for 
Additional Time to Construct Radio Station'') shall be filed in 
duplicate by a licensee prior to the expiration of the time for 
construction noted in a license if a licensee seeks to modify the 
license by extending the period of construction.
    (c) Renewal of station license. Except for renewal of special 
temporary authorizations, FCC Form 405 (``Application for Renewal of 
Station License'') must be filed in duplicate by the licensee between 
thirty (30) and sixty (60) days prior to the expiration date of the 
license sought to be renewed. Whenever a group of station licenses in 
the same radio service are to be renewed simultaneously, a single 
``blanket'' application may be filed to cover the entire group, if the 
application identifies each station by call sign and station location 
and if two copies are provided for each station affected. Applicants 
should note also any special renewal requirements under the rules for 
each radio service.
    (d) Assignment of license. FCC Form 305 (``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 license or conditional license. In the case of 
involuntary assignment, the application must be filed within 30 days of 
the event causing the assignment. FCC Form 305 also must be used for 
nonsubstantial (pro forma) assignments. In addition, FCC Form 430 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 or conditional licenses in the same radio 
service is 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

[[Page 27]]

date of consummation within 10 days of its occurrence.
    (e) Partial assignment of license. In the microwave services, 
authorization for assignment from one company to another of only a part 
or portions of the facilities (transmitters) authorized under an 
existing license (as distinguished from an assignment of the facilities 
in their entirety) may be granted upon application:
    (1) By the assignee on FCC Form 494 and
    (2) By the assignor on FCC Form 494 for deletion of the assigned 
facilities, indicating concurrence in the assignee's request.

The assignment shall be consummated within 45 days from the date of 
authorization. In the event that consummation does not occur, FCC Form 
494 shall be submitted to return the assignor's license to its original 
condition.

    Editorial Note: At 63 FR 65100, Nov. 25, 1999, paragraphs (f) and 
(g) were redesignated as paragraphs (e) and (f) and newly designated 
paragraph (e) was revised. However, paragraph (e) already exists. The 
text of the newly redesignated paragraph (e) follows.

    (e) Transfer of control of corporation holding a conditional license 
or license. FCC Form 306 (``Application for Consent to Transfer of 
Control'') must be submitted in order to voluntarily or involuntarily 
transfer control (de jure or de facto) of a corporation holding any 
conditional licenses or licenses. In the case of involuntary transfer of 
control, the application must be filed within 30 days of the event 
causing the transfer of control. FCC Form 306 also must be used for 
nonsubstantial (pro forma) transfers of control. In addition, FCC Form 
430 must be submitted by the proposed transferee unless such transferee 
has a current and substantially accurate report on file with the 
Commission. Whenever control of a corporation holding a group of station 
licenses or conditional licenses in the same radio service is to be 
transferred to a single transferee, a single ``blanket'' application may 
be filed to cover the entire transfer, if the application identifies 
each station by call sign and station location and if two copies are 
provided for each station affected. 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.
    (f) Antenna Structure Registration. FCC Form 854 (Application for 
Antenna Structure Registration) accompanied by a final Federal Aviation 
Administration (FAA) determination of ``no hazard'' must be filed by the 
antenna structure owner to receive an antenna structure registration 
number. Criteria used to determine whether FAA notification and 
registration is required for a particular antenna structure are 
contained in Part 17 of this chapter.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27554, July 22, 1987; 
52 FR 37777, Oct. 9, 1987; 56 FR 57815, Nov. 14, 1991; 61 FR 4364, Feb. 
6, 1996; 63 FR 65100, Nov. 25, 1998; 64 FR 63730, Nov. 22, 1999]



Sec. 21.12  [Reserved]



Sec. 21.13  General application requirements.

    (a) Each application for a license or for consent to assignment or 
transfer of control shall:
    (1) Disclose fully the real party (or parties) in interest, 
including (as required) a complete disclosure of the identify and 
relationship of those persons or entities directly or indirectly owning 
or controlling (or both) the applicant;
    (2) Demonstrate the applicant's legal, financial, technical, and 
other qualifications to be a permittee or licensee;
    (3) Submit the information required by the Commission's Rules, 
requests, and application forms;
    (4) Except for applications in the Multipoint Distribution Service 
filed on or after September 15, 1995, state specifically the reasons why 
a grant of the proposal would serve the public interest, convenience, 
and necessity.
    (5) Be maintained by the applicant substantially accurate and 
complete in all significant respects in accordance with the provisions 
of Sec. 1.65 of this chapter; and
    (6) Show compliance with the special requirements applicable to each 
radio service and make all special showings that may be applicable 
(e.g., those required by secs. 21.900, 21.912 and 21.913).

[[Page 28]]

    (b) Applications filed in the Multipoint Distribution Service shall 
not cross-reference previously filed material.
    (c) In addition to the general application requirements of 
Secs. 21.13 through 21.17 of this part, applicants shall submit any 
additional documents, exhibits, or signed written statements of fact:
    (1) As may be required by the other parts of the Commission's Rules, 
and the other subparts of Part 21 (particularly Subpart C and those 
subparts applicable to the specific radio service involved); and
    (2) As the Commission, at any time after the filing of an 
application and during the term of any authorization, may require from 
any applicant, permittee, or licensee to enable it to determine whether 
a radio authorization should be granted, denied, or revoked.
    (d) Except when the Commission has declared explicitly to the 
contrary, an informational requirement does not in itself imply the 
processing treatment of decisional weight to be accorded the response.
    (e) All applicants are required to indicate at the time their 
application is filed whether an authorization of the facilities is 
categorically excluded as defined by Sec. 1.1306 of the Commission's 
rules. If answered affirmatively, an Environmental Assessment as 
described by Sec. 1.1311, need not be filed with the application.
    (f) Whenever an individual applicant, or a partner (in the case of a 
partnership) or a full time manager (in the case of a corporation) will 
not actively participate in the day-to-day management and operation of 
proposed facilities, the applicant or licensee will submit a statement 
containing the reasons therefor and disclosing the details of the 
proposed operation, including a demonstration of how control over the 
radio facilities will be retained by the applicant. If the operation of 
a radio station is to be accomplished by contractual arrangement with an 
entity unrelated to an applicant or licensee, the applicant or licensee 
shall file a copy of the agreement or contract which shall demonstrate 
that:
    (1) The operation is accomplished according to general instructions 
provided for by the applicant;
    (2) The applicant retains effective control over the radio 
facilities and their operations; and
    (3) The applicant assumes full responsibility for both the quality 
of service and for contractor compliance with the Commission's Rules.

[44 FR 60534, Oct. 19, 1979, as amended at 47 FR 29244, July 6, 1982; 51 
FR 15003, Apr. 22, 1986; 52 FR 37778, Oct. 9, 1987; 55 FR 46008, Oct. 
31, 1990; 58 FR 19774, Apr. 16, 1993; 58 FR 44894, Aug. 25, 1993; 60 FR 
36551, July 17, 1995; 61 FR 26673, May 28, 1996]



Sec. 21.14  [Reserved]



Sec. 21.15  Technical content of applications.

    Applications shall contain all technical information required by the 
application form and any additional information necessary to fully 
describe the proposed facilities and to demonstrate compliance with all 
technical requirements of the rules governing the radio service involved 
(see subparts C, F and K as appropriate). The following paragraphs 
describe a number of technical requirements.
    (a)(1) Except in the case of applicants for Multipoint Distribution 
Service, applicants proposing a new station location (including receive-
only stations and passive repeaters) must indicate whether the station 
site is owned. If it is not owned, its availability for the 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.

[[Page 29]]

    (3) Except for BTA and PSA authorization holders, Multipoint 
Distribution Service applicants proposing a new station location must 
certify the proposed station site will be available to the applicant for 
timely construction of the facilities during the initial construction 
period.
    (4) An applicant's failure to include a certification required under 
this Section will result in dismissal of the application. The submission 
of a false certification will subject the applicant to all remedies 
available to the Commission, including the dismissal with prejudice of 
all applications filed by the offending applicant and the revocation of 
authorizations of the offending applicant. Also, if evidence of intent 
exists, the case will be referred to the Department of Justice for 
criminal prosecution under 18 U.S.C. 1001. In addition, the submission 
of an intentionally falsified certification will be treated as a 
reflection on an applicant's basic qualifications to become or to remain 
a licensee.
    (b) [Reserved]
    (c) Each application involving a new or modified transmitting 
antenna supporting structure, passive facility, or the addition or 
removal of a transmitting antenna, or the repositioning of an authorized 
antenna for a station must be accompanied by a vertical profile sketch 
of the total structure depicting its structural nature and clearly 
indicating the ground elevation (above sea level) at the structure site, 
the overall height of the structure above ground (including obstruction 
lights when required, lightning rods, etc.) and, if mounted on a 
building, its overall height above the building. The proposed antenna on 
the structure must be clearly identified and its height above-ground 
(measured to the center of radiation) clearly indicated. Alternatively, 
applicants in the Multipoint Distribution Service who filed applications 
on or after September 15, 1995, may provide this information in the MDS 
long-form application.
    (d) Each application proposing a new or modified antenna structure 
for a station (including a passive repeater or signal booster station) 
so as to change its overall height shall indicate whether any necessary 
notification of the FAA has been made. Complete information as to rules 
concerning the construction, marking and lighting of antenna structures 
is contained in part 17 of this chapter. See also Sec. 21.111 if the 
structure is used by more than one station.
    (e) Antenna Structure Registration Number. Applications proposing 
construction of a new antenna structure or alteration of the overall 
height of an existing antenna structure, where FAA notification prior to 
such construction or alteration is required by part 17 of this chapter, 
must include the FCC Antenna Structure Registration Number for the 
affected structure. If no such number has been assigned at the time the 
application is filed, the applicant must state in the application 
whether or not the antenna structure owner has notified the FAA of the 
proposed construction or alteration and applied to the FCC for an 
Antenna Structure Registration Number in accordance with Part 17 of this 
chapter of this structure for the antenna structure in question.
    (f) Except for applicants in the Multipoint Distribution Service who 
filed applications on or after September 15, 1995, an applicant 
proposing construction of one or more new stations or modification of 
existing stations where substantial changes in the operation or 
maintenance procedures are involved must submit a showing of the general 
maintenance procedures involved to insure the rendition of good public 
communications service. The 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

[[Page 30]]

be used, the items to be alarmed shall be specified as well as the 
location of the alarm center.
    (g) Applications in the Multipoint Distribution Service filed before 
September 15, 1995, proposing a new or replacement antenna (excluding 
omni-directional antennas) shall include an antenna radiation pattern 
showing the antenna power gain distribution in the horizontal plane 
expressed in decibels, unless such pattern is known to be on file with 
the Commission in which case the applicant may reference in its 
application the FCC-ID number that indicates that the pattern is on file 
with the Commission. Multipoint Distribution Service applicants who 
filed applications on or after September 15, 1995 must provide related 
information in completing an MDS long-form application.
    (h) Except for applications in the Multipoint Distribution Service 
filed on or after September 15, 1995, each application in the Point-to-
Point Radio, Local Television Transmission and Digital Electronic 
Message Service (excluding user stations) proposing a new or replacement 
antenna (excluding omni-directional antennas) shall include an antenna 
radiation pattern showing the antenna power gain distribution in the 
horizontal plane expressed in decibels, unless such pattern is known to 
be on file with the Commission in which case the applicant may reference 
in its application the FCC-ID number that indicates that the pattern is 
on file with the Commission. Multipoint Distribution Service applicants 
who filed applications on or after September 15, 1995 must provide 
related information in completing an MDS long-form application.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23449, Apr. 27, 1981; 
52 FR 37778, Oct. 9, 1987; 58 FR 11797, Mar. 1, 1993; 60 FR 36551, July 
17, 1995; 60 FR 57366, Nov. 15, 1995; 61 FR 4364, Feb. 6, 1996; 61 FR 
26673, May 28, 1996]



Sec. 21.16  [Reserved]



Sec. 21.17  Certification of financial qualifications.

    Each application for a new license and each application for a major 
modification of an existing station shall contain a certification that 
the applicant has or will have the financial ability to meet the 
expected costs of constructing the facilities within the time allowed 
and the estimated operating expenses for a period of twelve months.

[52 FR 37778, Oct. 9, 1987]



Sec. 21.18  [Reserved]



Sec. 21.19  Waiver of rules.

    Waivers of these rules may be granted upon application or on the 
Commission's own motion. A request for waiver shall contain a statement 
of reasons sufficient to justify a waiver. A waiver will not be granted 
except upon an affirmative showing that:
    (a) The underlying purpose of the rule will not be served, or would 
be frustrated, by its application in the particular case, and that grant 
of the waiver is otherwise in the public interest; or
    (b) The unique facts and circumstances of a particular case render 
application of the rule inequitable, unduly burdensome or otherwise 
contrary to the public interest. Applicants must also show the lack of a 
reasonable alternative.

[52 FR 37778, Oct. 9, 1987]



Sec. 21.20  Defective applications.

    (a) Unless the Commission shall otherwise permit, an application 
will be unacceptable for filing and will be returned to the applicant 
with a brief statement as to the omissions or discrepancies if:
    (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;

[[Page 31]]

    (2) The submitted filing fee (if a filing fee is required) is 
insufficient;
    (3) The application does not demonstrate how the proposed radio 
facilities will serve the public interest, convenience or necessity;
    (4) The application does not demonstrate compliance with the special 
requirements applicable to the radio service involved;
    (5) The application does not certify the availability of the 
proposed station site.
    (6) The application does not include the environmental assessment 
required for any significant environmental impact under the Commission's 
environmental rules (part 1, subpart I);
    (7) The application does not specify the polarization and, where 
applicable, the antenna orientation azimuth and distance;
    (8) The application does not include all necessary exhibits;
    (9) The application is filed after the cutoff date prescribed in 
Sec. 21.31 or Sec. 21.914 of this part; or
    (10) The application proposes the use of a frequency not allocated 
to such use.
    (c) Applications considered defective under paragraph (a) of this 
section may be accepted for filing if:
    (1) The application is accompanied by a request which sets forth the 
reasons in support of a waiver of (or an exception to), in whole or in 
part, any specific rule, regulation, or requirement with which the 
application is in conflict; or
    (2) The Commission, upon its own motion, waives (or allows an 
exception to), in whole or in part, any rule, regulation or requirement.
    (d) If an applicant is requested by the Commission to file any 
documents or any supplementary or explanatory information not 
specifically required in the prescribed application form, a failure to 
comply with such request within a specified time period will be deemed 
to render the application defective and will subject it to dismissal.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 5294, Feb. 20, 1987; 52 
FR 37779, Oct. 9, 1987; 55 FR 46009, Oct. 31, 1990; 58 FR 11797, Mar. 1, 
1993; 61 FR 26674, May 28, 1996]

    Effective Date Note: At 66 FR 47896, Sept. 14, 2001, Sec. 21.20 was 
amended by removing the word ``or'' at the end of paragraph (b)(9), and 
by removing the period and by adding ``; or'' at the end of paragraph 
(b)(10), and by adding a new paragraph (b)(11), effective Dec. 3, 2001. 
For the convenience of the user, the added text is set forth as follows:

Sec. 21.20  Defective applications.

                                * * * * *

    (b) * * *
    (11) The application does not contain the FCC Registration Number 
(FRN) as required under subpart W of part 1 of this part.

                                * * * * *



Sec. 21.21  Inconsistent or conflicting applications.

    While an application is pending and undecided, no subsequent 
inconsistent or conflicting application may be filed by the same 
applicant, the applicant's successor or assignee, or on behalf or for 
the benefit of the same applicant, the applicant's successor or 
assignee.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37779, Oct. 9, 1987]



Sec. 21.22  Repetitious applications.

    (a) Where an applicant has been afforded an opportunity for a 
hearing with respect to a particular application for a new station, or 
for an extension or enlargement of a service or facilities, and the 
Commission has, after hearing or default, denied the application or 
dismissed it with prejudice, the Commission will not consider a like 
application involving service of the same kind to the same area by the 
same applicant, or by the applicant's successor or assignee, or on 
behalf of or for the benefit of the original parties in interest, until 
after the lapse of 12 months from the effective date of the Commission's 
order. The Commission may, for good cause shown, waive the requirements 
of this section.
    (b) Where an appeal has been taken from the action of the Commission 
denying a particular application, another application for the same class 
of station and for the same area, in whole or in part, filed by the same 
applicant or by the applicant's successor or assignee, or on behalf or 
for the benefit of the original parties in interest, will not

[[Page 32]]

be considered until the final disposition of such appeal.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37779, Oct. 9, 1987]



Sec. 21.23  Amendment of applications.

    (a)(1) Any pending application may be amended as a matter of right 
if the application has not been designated for hearing, or for 
comparative evaluation pursuant to Sec. 21.35, or for the random 
selection process, provided, however, that the amendments must comply 
with the provisions of Sec. 21.29 as appropriate and the Commission has 
not otherwise forbidden the amendment of pending applications.
    (2) A Multipoint Distribution Service application tentatively 
selected for qualification review by the random selection process may be 
amended as a matter of right up to 14 days after the date of the public 
notice announcing the tentative selection, provided, however, that the 
amendments must comply with the provisions of Sec. 21.29 as appropriate 
and the Commission has not otherwise forbidden the amendment of pending 
applications.
    (3) Provided, however, applications may not be amended if the 
amendments seek more than a pro forma change of ownership or control 
(bankruptcy, death or legal disability) of a pending Multipoint 
Distribution Service application and any amendment or application will 
be dismissed if the amendment or application seeks more than a pro forma 
change of ownership or control.
    (b) Requests to amend an application designated for hearing or for 
comparative evaluation or for tentative selection for qualification 
review by the random selection process may be granted only if a written 
petition demonstrating good cause is submitted and properly served on 
the parties of record, except that Multipoint Distribution Service 
applications tentatively selected in a random selection process may be 
amended as a matter of right as provided in paragraph (a) of this 
section. Provided, however, requests to amend applications will not be 
granted that seek more than a pro forma change of ownership or control 
(bankruptcy, death or legal disability) of a pending Multipoint 
Distribution Service application and any application seeking more than a 
pro forma change of ownership or control will be dismissed.
    (c) The Commission will classify amendments on a case-by-case basis. 
Whenever previous amendments have been filed, the most recent amendment 
will be classified by reference to how the information in question stood 
as of the latest Public Notice issued which concerned the application. 
An amendment will be deemed to be a major amendment subject to 
Sec. 21.27 and Sec. 21.31 under any of the following circumstances:
    (1) If in the Multipoint Distribution Service, the amendment results 
in a substantial modification of the engineering proposal such as (but 
not necessarily limited to):
    (i) A change in, or addition of, a radio frequency channel;
    (ii) A change in polarization of the transmitted signal;
    (iii) A change in type of transmitter emission or an increase in 
emission bandwidth of more than ten (10) percent;
    (iv) A change in the geographic coordinates of a station's 
transmitting antenna of more than ten (10) seconds of latitude or 
longitude, or both;
    (v) Any change which increases the antenna height by 3.0 meters (10 
feet) or more;
    (vi) Any technical change which would increase the effective 
radiated power in any horizontal or vertical 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) Except during the sixty (60) day amendment period provided for 
in Sec. 21.27(d), any amendment to an application for a new or modified 
response station hub, booster station or point-to-multipoint I 
channel(s) station or to an application for a modified main station that 
reflects any change in the technical specifications of the proposed 
facility, includes any new or modified analysis of potential 
interference to

[[Page 33]]

another facility or submits any interference consent from a neighboring 
licensee, shall result in the application being assigned a new file 
number and being treated as newly filed.
    (3) If the amendment would convert a proposal, such that it may have 
a significant impact upon the environment under Sec. 1.1307 of the 
Commission's rules, which would require the submission of an 
environmental assessment, see Sec. 1.1311 of this chapter, and 
Commission environmental review, see Secs. 1.1308 and 1.1312 of this 
chapter.
    (4) If the amendment results in a substantial and material 
alteration of the proposed service.
    (5) If the amendment specifies a substantial change in benefical 
ownership or control (de jure or de facto) of an applicant such that the 
change would require, in the case of an authorized station, the filing 
of a prior assignment or transfer of control application under section 
310(d) of the Communications Act of 1934 [47 U.S.C. 310(d)]. Such a 
change would not be considered major where the assignment or transfer of 
control is for legitimate business purposes other than the acquisition 
of applications.
    (6) If the amendment, or the cumulative effect of the amendment, is 
determined by the Commission otherwise to be substantial pursuant to 
section 309 of the Communications Act of 1934.
    (d) The applicant must serve copies of any amendments or other 
written communications upon the following parties:
    (1) Any applicant whose application appears on its face to be 
mutually exclusive with the application being amended, including those 
applicants originally served under Sec. 21.902;
    (2) Any applicant whose application has been found by the 
Commission, as published in a public notice, to be mutually exclusive 
with the application being amended; and
    (3) Any party who has filed a petition to deny the application or 
other formal objection, when that petition or formal objection has not 
been resolved by the Commission.
    (e) The Commission may waive the service requirements of paragraph 
(e) of this section and prescribe such alternative procedures as may be 
appropriate under the circumstances to protect petitioners' interests 
and to avoid undue delay in a proceeding, if an applicant submits a 
request for waiver which demonstrates that the service requirement is 
unreasonably burdensome. Requests for waiver shall be served on 
petitioners. Oppositions to the petition may be filed within five (5) 
days after the petition is filed and shall be served on the applicant. 
Replies to oppositions will not be entertained.
    (f) Any amendment to an application shall be signed and shall be 
submitted in the same manner, and with the same number of copies, as was 
the original application. Amendments may be made in letter form if they 
comply in all other respects with the requirements of this chapter.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981; 
50 FR 5992, Feb. 13, 1985; 50 FR 45614, Nov. 1, 1985; 52 FR 37779, Oct. 
9, 1987; 55 FR 20397, May 16, 1990; 56 FR 57816, Nov. 14, 1991; 58 FR 
11797, Mar. 1, 1993; 58 FR 44894, Aug. 25, 1993; 61 FR 26674, May 28, 
1996; 64 FR 63730, Nov. 22, 1999; 65 FR 46617, July 31, 2000]



Sec. 21.24  [Reserved]



Sec. 21.25  Application for temporary authorizations.

    (a) In circumstances requiring immediate or temporary use of 
facilities, request may be made for special temporary authority to 
install and/or operate new or modified equipment. Any such request may 
be submitted as an informal application in the manner set forth in 
Sec. 21.5 and must contain full particulars as to the proposed operation 
including all facts sufficient to justify the temporary authority sought 
and the public interest therein. No such request will be considered 
unless the request is received by the Commission at least 10 days prior 
to the date of proposed construction or operation or, where an extension 
is sought, expiration date of the existing temporary authorization.
    (b) Special temporary authorizations may be granted without regard 
to the 30-day public notice requirement of Sec. 21.27(c) when:
    (1) The authorization is for a period not to exceed 30 days and no 
application for regular application is contemplated to be filed;

[[Page 34]]

    (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 309(f) of the Communications 
Act where extraordinary circumstances so require. Extensions of the 
temporary authorization for a period of 180 days each may also be 
granted, but the renewal applicant bears a heavy burden to show that 
extraordinary circumstances warrant such an extension.
    (d) In cases of emergency found by the Commission, involving danger 
to life or property or due to damage of equipment, or during a national 
emergency proclaimed by the President or declared by the Congress or 
during the continuance of any war in which the United States is engaged 
and when such action is necessary for the national defense or safety or 
otherwise in furtherance of the war effort, or in cases of emergency 
where the Commission finds that it would not be feasible to secure 
renewal applications from existing licensees or otherwise to follow 
normal licensing procedure, the Commission will grant construction 
permits and station licenses, or modifications or renewals thereof, 
during the emergency found by the Commission or during the continuance 
of any such national emergency or war, as special temporary licenses, 
only for the period of emergency or war requiring such action, without 
the filing of formal applications.

[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 27252, June 14, 1983; 
52 FR 37779, Oct. 9, 1987]

                       Processing of Applications



Sec. 21.26  Receipt of applications.

    Applications received by the Commission are given a file number for 
administrative convenience, which does not indicate the acceptance of 
the application for filing and processing. After preliminary review 
those applications covered by Sec. 21.27(a) that appear complete will be 
put on public notice as accepted for filing. Neither the assignment of a 
file number nor the listing of the application on public notice as 
accepted for filing indicates that the application has been found 
acceptable for filing or precludes the subsequent return or dismissal of 
the application if it is found to be defective or not in substantial 
compliance with the Commission's rules.

[52 FR 37779, Oct. 9, 1987]



Sec. 21.27  Public notice period.

    (a) At regular intervals, the Commission will issue a public notice 
listing:
    (1) The acceptance for filing of applications and major amendments 
thereto;
    (2) Significant Commission actions concerning applications;
    (3) The filing of certifications of completion of construction;
    (4) The receipt of applications for minor modifications made 
pursuant to Sec. 21.41;
    (5) Information which the Commission in its discretion believes of 
public significance; and
    (6) Special environmental considerations as required by part 1 of 
this chapter.
    (7) The BTAs designated for licensing through the competitive 
bidding process and the filing date for short-form applications for 
those areas;
    (8) The auction winners in the competitive bidding process;
    (b) A public notice will not normally be issued for any of the 
following applications:
    (1) For authorization of a minor technical change in the facilities 
of a proposed or authorized station where such a change would not be 
classified as a major amendment to a pending application, as defined by 
Sec. 21.23, or as a

[[Page 35]]

minor modification to a license pursuant to Sec. 21.41;
    (2) For temporary authorization pursuant to Sec. 21.25;
    (3) For an authorization under any of the proviso clauses of section 
308(a) of the Communications Act of 1934 (47 U.S.C. 308(a));
    (4) For consent to an involuntary assignment or transfer of control 
of a radio authorization; or
    (5) For consent to a voluntary assignment or transfer of control of 
a radio authorization, where the assignment or transfer does not involve 
a substantial change in ownership or control.
    (c) Except as otherwise provided in this part (e.g., Sec. 21.41), no 
application that has appeared on public notice will be granted until the 
expiration of a period of thirty days following the 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.
    (d) Notwithstanding any other provisions of this part, effective as 
of September 17, 1998, there shall be one one-week window, at such time 
as the Commission shall announce by public notice, for the filing of 
applications for high-power signal booster station, response station hub 
and I channels point-to-multipoint transmissions licenses, during which 
all applications shall be deemed to have been filed as of the same day 
for purposes of Secs. 21.909, 21.913 and 74.939(l) of this chapter. 
Following the publication of a public notice announcing the tendering 
for filing of applications submitted during that window, applicants 
shall have a period of sixty (60) days to amend their applications, 
provided such amendments do not result in any increase in interference 
to any previously proposed or authorized station, or to facilities 
proposed during the window, absent consent of the applicant for or 
conditional licensee or licensee of the station that would receive such 
interference. At the conclusion of that sixty (60) day period, the 
Commission shall publish a public notice announcing the acceptance for 
filing of all applications submitted during the initial window, as 
amended during the sixty (60) day period. All petitions to deny such 
applications must be filed within sixty (60) days of such second public 
notice. On the sixty-first (61st) day after the publication of such 
second public notice, applications for new or modified response station 
hub, booster station and I channels point-to-multipoint transmissions 
licenses may be filed and will be processed in accordance with the 
provisions of Secs. 21.909, 21.913 and 74.939(l) of this chapter. 
Notwithstanding Sec. 21.31, each application submitted during the 
initial window shall be granted on the sixty-first (61st) day after the 
Commission shall have given such public notice of its acceptance for 
filing, unless prior to such date either a party in interest timely 
files a formal petition to deny or for other relief pursuant to 
Sec. 21.30(a), or the Commission notifies the applicant that its 
application will not be granted. Where an application is granted 
pursuant to the provisions of this paragraph, the conditional licensee 
or licensee shall maintain a copy of the application at the transmitter 
site or response station hub until such time as the Commission issues a 
license.

[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; 63 FR 65101, Nov. 
25, 1998; 64 FR 4054, Jan. 27, 1999]



Sec. 21.28  Dismissal and return of applications.

    (a) Except as provided under paragraph (c) of this section and under 
Sec. 21.29, any application may be dismissed without prejudice as a 
matter of right if the applicant requests its dismissal prior to 
designation for hearing or prior to selection of the comparative 
evaluation procedure of Sec. 21.35. An applicant's request for return of 
its application after it has been accepted for filing will be considered 
to be a request for dismissal without prejudice. Requests for dismissal 
shall comply with the provisions of Sec. 21.29 as appropriate.
    (b) A request to dismiss an application without prejudice will be 
considered after designation for hearing, after selection of the 
comparative evaluation procedure of Sec. 21.35, or after selection as a 
tentative selectee in a random selection proceeding, only if:

[[Page 36]]

    (1) A written petition is submitted to the Commission and, in the 
case of applications designated for hearing or comparative evaluation, 
is properly served upon all parties of record;
    (2) The petition is submitted before the issuance date of a public 
notice of Commission action denying the application; and
    (3) The petition complies with the provisions of Sec. 21.29 
(whenever applicable) and demonstrates good cause.
    (c) Except as provided under Sec. 21.29, an application designated 
for inclusion in the random selection process may be dismissed without 
prejudice as a matter of right if the applicant requests its dismissal 
at least 2 days prior to a random selection proceeding. An applicant's 
request for return of its application after it has been accepted for 
filing will be considered to be a request for dismissal without 
prejudice. Requests for dismissal shall comply with the provisions of 
Sec. 21.29 as appropriate.
    (d) The Commission will dismiss an application for failure to 
prosecute or for failure to respond substantially within a specified 
time period to official correspondence or requests for additional 
information. Dismissal will be without prejudice prior to designation 
for hearing, selection of the comparative evaluation procedure of 
Sec. 21.35, or tentative selection by the random selection process, but 
may be with prejudice for unsatisfactory compliance with Sec. 21.29, or 
after designation for hearing, selection of the comparative evaluation 
process, or selection as a tentative selectee in a random selection 
proceeding.
    (e) The Commission will dismiss an application filed by a cable 
television company which fails to comply with the provisions of 
Sec. 21.912 of this part.
    (f) A Multipoint Distribution Service application will be dismissed 
if the applicant seeks to change ownership or control, except in the 
case of a pro forma change of ownership or control (bankruptcy, death, 
or legal disability).

[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 55 
FR 46009, Oct. 31, 1990; 58 FR 11797, Mar. 1, 1993]



Sec. 21.29  Ownership changes and agreements to amend or to dismiss applications or pleadings.

    (a) Except as provided in paragraph (b) of this section, applicants 
or any other parties in interest to pending applications shall comply 
with the provisions of this section whenever:
    (1) They participate in any agreement (or understanding) which 
involves any consideration promised or received, directly or indirectly, 
including any agreement (or understanding) for merger of interests or 
the reciprocal withdrawal of applications; and
    (2) The agreement (or understanding) may result in either:
    (i) A proposed substantial change in beneficial ownership or control 
(de jure or de facto) of an applicant such that the change would 
require, in the case of an authorized station, the filing of a prior 
assignment or transfer of control application under section 310(d) of 
the Communications Act of 1934 [47 U.S.C. 310(d)], or
    (ii) Proposed withdrawal, amendment or dismissal of any 
application(s), amendment(s), petition(s), pleading(s), or any 
combination thereof, which would thereby permit the grant without 
hearing, comparative evaluation under of Sec. 21.35, or random selection 
of an application previously in contested status.
    (b) The provisions of this section shall not be applicable to any 
engineering agreement (or understanding) which:
    (1) Resolves frequency conflicts with authorized stations or other 
pending applications without the creation of new or increased frequency 
conflicts; and
    (2) Does not involve any consideration promised or received, 
directly or indirectly (including any merger of interests or reciprocal 
withdrawal of applications), other than the mutual benefit of resolving 
the engineering conflict.
    (c) For any agreement subject to this section, the applicant of an 
application which would remain pending pursuant to such an agreement 
will be considered responsible for the compliance by all parties with 
the procedures of this section. Failure of the parties to comply with 
the procedures of this section

[[Page 37]]

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), amendment(s), petition(s), pleading(s), or any 
combination thereof.
    (f) Notwithstanding Sec. 21.29(e), amendments will not be granted 
that seek more than a pro forma change of ownership or control 
(bankruptcy, death, or legal disability) of a pending Multipoint 
Distribution Service application, and any Multipoint Distribution 
Service application will be dismissed that seeks more than a pro forma 
change of ownership or control.

[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 58 
FR 11797, Mar. 1, 1993]



Sec. 21.30  Opposition to applications.

    (a) Petitions to deny (including petitions for other forms of 
relief) and responsive pleadings for Commission consideration must:
    (1) Identify the application or applications (including applicant's 
name, station location, Commission file numbers and radio service 
involved) with which it is concerned;
    (2) Be filed in accordance with the pleading limitations, filing 
periods, and other applicable provisions of Secs. 1.41 through 1.52, and 
1.821 through 1.825;
    (3) Contain specific allegations of fact (except for those of which 
official notice may be taken), which shall be supported by affidavit of 
a person or

[[Page 38]]

persons with personal knowledge thereof, and which shall be sufficient 
to demonstrate that the petitioner (or respondent) is a party in 
interest and that a grant of, or other Commission action regarding, the 
application would be prima facie inconsistent with the public interest;
    (4) Except as provided in Sec. 21.902(i)(6) regarding Instructional 
Television Fixed Service licensees and conditional licensees, in 
Sec. 21.909 regarding MDS response station hubs and in Sec. 21.913 
regarding MDS booster stations, 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 filing 
deadline); and
    (5) Contains a certificate of service showing that it has been 
mailed to the applicant no later than the date of filing thereof with 
the Commission.
    (b) The Commission will classify as informal objections:
    (1) Any petition to deny not filed in accordance with paragraph (a) 
of this section;
    (2) Any petition to deny (or for other forms of relief) an 
application to which the thirty (30) day public notice period of 
Sec. 21.27(c) does not apply; or
    (3) Any comments on, or objections to, the grant of an application 
when the comments or objections do not conform to either paragraph (a) 
of this section or other Commission rules and requirements.
    (c) The Commission will consider informal objections, but will not 
necessarily discuss them specifically in a formal opinion if:
    (1) The informal objection is filed at least one day before 
Commission action on the application; and
    (2) The informal objection is signed by the submitting person (or 
his representative) and discloses his interest.

[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 50 
FR 45614, Nov. 1, 1985; 52 FR 37779, Oct. 9, 1987; 55 FR 46009, Oct. 31, 
1990; 56 FR 57816, Nov. 14, 1991; 63 FR 65101, Nov. 25, 1998]



Sec. 21.31  Mutually exclusive applications.

    (a) Except with respect to applications for new or modified response 
stations hubs, booster stations, and point-to-multipoint I channel 
stations, and to applications for modified main stations, filed on the 
same day or during the same window, the Commission will consider 
applications to be mutually exclusive if their conflicts are such that 
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.
    (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 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

[[Page 39]]

paragraph (b)(2) of this section, will be returned without prejudice and 
will be eligible for refiling only after final action is taken by the 
Commission with respect to the previously filed application (or 
applications).
    (e) For the purposes of this section, any application (whether 
mutually exclusive or not) will be considered to be a newly filed 
application if it is amended by a major amendment (as defined by 
Sec. 21.23), except under any of the following circumstances:
    (1) The application has been designated for comparative hearing, or 
for comparative evaluation (pursuant to Sec. 21.35), and the Commission 
or the presiding officer accepts the amendment pursuant to 
Sec. 21.23(b);
    (2) The amendment resolves frequency conflicts with authorized 
stations or other pending applications which would otherwise require 
resolution by hearing, by comparative evaluation pursuant to Sec. 21.35, 
or by random selection pursuant to Sec. 21.33 provided that the 
amendment does not create new or additional frequency conflicts;
    (3) The amendment reflects only a change in ownership or control 
found by the Commission to be in the public interest, and for which a 
requested exemption from the ``cut-off'' requirements of this section is 
granted, unless the amendment is for more than a pro forma change of 
ownership or control (bankruptcy, death or legal disability) of a 
pending Multipoint Distribution Service application in which event the 
application will be dismissed;
    (4) The amendment reflects only a change in ownership or control 
which results from an agreement under Sec. 21.29 whereby two or more 
applicants entitled to comparative consideration of their applications 
join in one (or more) of the existing applications and request dismissal 
of their other application (or applications) to avoid the delay and cost 
of comparative consideration, unless the amendment is for one (or more) 
pending Multipoint Distribution Service application (or applications) in 
which event the application (or applications) will be dismissed;
    (5) The amendment corrects typographical, transcription, or similar 
clerical errors which are clearly demonstrated to be mistakes by 
reference to other parts of the application, and whose discovery does 
not create new or increased frequency conflicts; or
    (6) The amendment does not create new or increased frequency 
conflicts, and is demonstrably necessitated by events which the 
applicant could not have reasonably foreseen at the time of filing, such 
as, for example:
    (i) The loss of a transmitter or receiver site by condemnation, 
natural causes, or loss of lease or option;
    (ii) Obstruction of a proposed transmission path caused by the 
erection of a new building or other structure; or
    (iii) The discontinuance or substantial technological obsolescence 
of specified equipment, whenever the application has been pending before 
the Commission for two or more years from the date of its filing.

[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; 63 FR 65101, Nov. 25, 
1998; 64 FR 63730, Nov. 22, 1999; 65 FR 46617, July 31, 2000]



Sec. 21.32  Consideration of applications.

    (a) Applications for an instrument of authorization will be granted 
if, upon examination of the application and upon consideration of such 
other matters as it may officially notice, the Commission finds that the 
grant will serve the public interest, convenience, and necessity.
    (b) The grant shall be without a formal hearing if, upon 
consideration of the application, any pleadings of objections filed, or 
other matters which may be officially noticed, the Commission finds 
that:
    (1) The application is acceptable for filing, and is in accordance 
with the Commission's rules, regulations, and other requirements;
    (2) The application is not subject to comparative consideration 
(pursuant to Sec. 21.31) with another application (or applications), 
except where the competing applicants have chosen the comparative 
evaluation procedure of Sec. 21.35 and a grant is appropriate under that 
procedure;

[[Page 40]]

    (3) A grant of the application would not cause harmful electrical 
interference to an authorized station;
    (4) There are no substantial and material questions of fact 
presented; and
    (5) The applicant is legally, technically, financially and otherwise 
qualified, and a grant of the application would serve the public 
interest.
    (c) If the Commission should grant without a formal hearing an 
application for an instrument of authorization which is subject to a 
petition to deny filed in accordance with Sec. 21.30, the Commission 
will deny the petition by the issuance of a Memorandum Opinion and Order 
which will concisely report the reasons for the denial and dispose of 
all substantial issues raised by the petition.
    (d) Whenever the Commission, without a formal hearing, grants any 
application in part, or subject to any terms or conditions other than 
those normally applied to applications of the same type, it shall inform 
the applicant of the reasons therefor, and the grant shall be considered 
final unless the Commission should revise its action (either by granting 
the application as originally requested, or by designating the 
application for a formal evidentiary hearing) in response to a petition 
for reconsideration which:
    (1) Is filed by the applicant within thirty (30) days from the date 
of the letter or order giving the reasons for the partial or conditioned 
grant;
    (2) Rejects the grant as made and explains the reasons why the 
application should be granted as originally requested; and
    (3) Returns the instrument of authorization.
    (e) The Commission will designate an application for a formal 
hearing, specifying with particularity the matters and things in issue, 
if, upon consideration of the application, any pleadings or objections 
filed, or other matters which may be officially noticed, the Commission 
determines that:
    (1) A substantial and material question of fact is presented;
    (2) The Commission is unable for any reason to make the findings 
specified in paragraph (a) of this section and the application is 
acceptable for filing, complete, and in accordance with the Commission's 
rules, regulations, and other requirements.
    (3) The application is entitled to comparative consideration (under 
Sec. 21.31) with another application (or applications); or
    (4) The application is entitled to comparative consideration 
(pursuant to Sec. 21.31) and the applicants have chosen the comparative 
evaluation procedure of Sec. 21.35 but the Commission deems such 
procedure to be inappropriate.
    (f) The Commission may grant, deny, or take other action with 
respect to an application designated for a formal hearing pursuant to 
paragraph (e) of this section or part 1 of this chapter.
    (g) Whenever the public interest would be served thereby the 
Commission may grant one or more mutually exclusive applications 
expressly conditioned upon final action on the applications, and then 
either conduct a random section process (in specified services under 
this rules part), designate all of the mutually exclusive applications 
for a formal evidentiary hearing or (whenever so requested) follow the 
comparative evaluation procedures of Sec. 21.35, as appropriate, if it 
appears:
    (1) That some or all of the applications were not filed in good 
faith, but were filed for the purpose of delaying or hindering the grant 
of another application;
    (2) That the public interest requires the prompt establishment of 
radio service in a particular community or area;
    (3) That a delay in making a grant to any applicant until after the 
conclusion of a hearing or a random selection proceeding on all 
applications might jeopardize the rights of the United States under the 
provision of an international agreement to the use of the frequency in 
question; or
    (4) That a grant of one application would be in the public interest 
in that it appears from an examination of the remaining applications 
that they cannot be granted because they are in violation of provisions 
of the Communications Act, other statutes, or of the provisions of this 
chapter.
    (h) Reconsideration or review of any final action taken by the 
Commission

[[Page 41]]

will be in accordance with subpart A of part 1 of this chapter.

[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985]



Sec. 21.33  Grants by random selection.

    (a) If an application for an authorization for a Multichannel 
Multipoint Distribution Service (MMDS) station or for a Multipoint 
Distribution Service (MDS) H-channel station is mutually exclusive with 
another such application, and satisfies the requirements of Secs. 21.31 
and 21.914, the applicant may be included in the random selection 
process set forth in Secs. 1.821, 1.822 and 1.824 of this chapter.
    (b) Renewal applications shall not be included in a random selection 
process.
    (c) If Multipoint Distribution Service applicants enter into 
settlements, the applicants in the settlement must be represented by one 
application only and will not receive the cumulative number of chances 
in the random selection process that the individual applicants would 
have had if no settlement had been reached.

[58 FR 11798, Mar. 1, 1993, as amended at 61 FR 26674, May 28, 1996]



Sec. 21.34  [Reserved]



Sec. 21.35  Comparative evaluation of mutually exclusive applications.

    (a) In order to expedite action on mutually exclusive applications 
in services under this rules part where the competitive bidding process 
or random selection process do not apply, the applicants may request the 
Commission to consider their applications without a formal hearing in 
accordance with the summary procedure outlined in paragraph (b) in this 
section if:
    (1) The applications are entitled to comparative consideration 
pursuant to Sec. 21.31;
    (2) The applications have not been designated for formal evidentiary 
hearing; and
    (3) The Commission determines, initially or at any time during the 
procedure outlined in paragraph (b) of this section, that such procedure 
is appropriate, and that, from the information submitted and 
consideration of such other matters as may be officially noticed, there 
are no substantial and material questions of fact presented (other than 
those relating to the comparative merits of the applications) which 
would preclude a grant under paragraphs (a) and (b) of Sec. 21.32.
    (b) Provided that the conditions of paragraph (a) of this section 
are satisfied, applicants may request the Commission to act upon their 
mutually exclusive applications without a formal hearing pursuant to the 
summary procedure outlined below:
    (1) To initiate the procedure, each applicant will submit to the 
Commission a written statement containing:
    (i) A waiver of the applicant's right to a formal hearing;
    (ii) A request and agreement that, in order to avoid the delay and 
expense of a comparative formal hearing, the 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

[[Page 42]]

such other matters as may be officially noticed the Commission will 
issue a decision granting one (or more) of the proposals which it 
concludes would best serve the public interest, convenience and 
necessity. The decision will report briefly and concisely the reasons 
for the Commission's selection and will deny the other application(s). 
This decision shall be considered final.

[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5994, Feb. 13, 1985; 52 
FR 37780, Oct. 9, 1987; 60 FR 36552, July 17, 1995]



Secs. 21.36-21.37  [Reserved]

      License Transfers, Modifications, Conditions and Forfeitures



Sec. 21.38  Assignment or transfer of station authorization.

    (a) No station license, or any rights thereunder, shall be 
transferred, assigned, or disposed of in any manner, voluntarily or 
involuntarily, directly or indirectly, or by transfer of control of any 
corporation or any other entity holding any such license, to any person 
except upon application to the Commission and upon finding by the 
Commission that the public interest, convenience and necessity will be 
served thereby.
    (b) For purposes of this section, transfers of control requiring 
Commission approval shall include any and all transactions that:
    (1) Change the party controlling the affairs of the licensee, or
    (2) Affect any change in a controlling interest in the ownership of 
the licensee, including changes in legal or equitable ownership, or
    (c) Requests for transfer of control or assignment authority shall 
be submitted on the application form prescribed by Sec. 21.11 of this 
chapter, and shall be accompanied by the applicable showings required by 
Secs. 21.13, 21.15, 21.17 and 21.39 of this chapter.
    (d) The Commission shall be promptly notified in writing when a 
licensee is voluntarily or involuntarily placed in bankruptcy or 
receivership and when an individual licensee, a member of a partnership 
which is a licensee, or a person directly or indirectly in control of a 
corporation which is a licensee, dies or becomes legally disabled. 
Within thirty days after the occurrence of such bankruptcy, 
receivership, death or legal disability, an application of involuntary 
assignment of such license, or involuntary transfer of control of such 
corporation, shall be filed with the Commission, requesting assignment 
or transfer to a successor legally qualified under the laws of the place 
having jurisdiction over the assets involved.
    (e) The assignor of a station licensed under this part may retain no 
right of reversion or reassignment of the license and may not reserve 
the right to use the facilities of the station for any period 
whatsoever. No assignment of license will be granted or authorized if 
there is a contract or understanding, express or implied, pursuant to 
which a right of reversion or reassignment of the license or right to 
use the facilities are retained as partial or full consideration for the 
assignment or transfer.
    (f) No special temporary authority, or any rights thereunder, shall 
be assigned or otherwise disposed of, directly or indirectly, 
voluntarily or involuntarily, without prior Commission approval.
    (g) An applicant for voluntary transfer of control or assignment 
under this section where the subject license was acquired by the 
transferor or assignor through a system of random selection shall, 
together with its application for transfer of control or assignment, 
file with the Commission the associated contracts for sale, option 
agreements, management agreements, or other documents disclosing the 
total consideration that the applicant would receive in return for the 
transfer or assignment of its license. This information should include 
not only a monetary purchase price, but also any future, contingent, in-
kind, or other consideration (e.g., management or consulting contracts 
either with or without an option to purchase; below-market financing).

[52 FR 37780, Oct. 9, 1987, as amended at 54 FR 11953, Mar. 23, 1989; 59 
FR 9101, Feb. 25, 1994]

[[Page 43]]



Sec. 21.39  Considerations involving transfer or assignment applications.

    (a) A Multipoint Distribution Service conditional license may not be 
assigned or transferred prior to the completion of construction of the 
facility and the timely filing of the certification of completion of 
construction. However, consent to the assignment or transfer of control 
of a Multipoint Distribution Service conditional license may be given 
prior to the completion of construction and the timely filing of the 
certification of completion of construction where:
    (1) The assignment or transfer does not involve a substantial change 
in ownership or control of the authorized Multipoint Distribution 
Service facilities; or
    (2) The assignment or transfer of control is involuntary due to the 
licensee's bankruptcy, death, or legal disability.
    (b) The Commission will review a proposed transaction to determine 
if the circumstances indicate ``trafficking'' in licenses whenever 
applications (except those involving pro forma assignment or transfer of 
control) for consent to assignment of a license, or for transfer of 
control of a licensee, involve facilities that were:
    (1) Authorized following a comparative hearing and have been 
operated less than one year, or;
    (2) Involve facilities that have not been constructed, or;
    (3) Involve facilities that were authorized following a random 
selection proceeding in which the successful applicant received 
preference and that have been operated for less than one year.

At its discretion, the Commission may require the submission of an 
affirmative, factual showing (supported by affidavits of a person or 
persons with personal knowledge thereof) to demonstrate that the 
proposed assignor or transferor has not acquired an authorization or 
operated a station for the principal purpose of profitable sale rather 
than public service. This showing may include, for example, a 
demonstration that the proposed assignment or transfer is due to changed 
circumstances (described in detail) affecting the licensee subsequent to 
the acquisition of the license, or that the proposed transfer of radio 
facilities is incidental to a sale of other facilities or merger of 
interests.
    (c) If a proposed transfer of radio facilities is incidental to a 
sale of other facilities or merger of interests, any showing requested 
under paragraph (a) of this section shall include an additional exhibit 
which:
    (1) Discloses complete details as to the sale of facilities or 
merger of interests;
    (2) Segregates clearly by an itemized accounting, the amount of 
consideration involved in the sale of facilities or merger of interests; 
and
    (3) Demonstrates that the amount of consideration assignable to the 
facilities or business interests involved represents their fair market 
value at the time of the transaction.
    (d) For the purposes of this section, the one year period is 
calculated using the following dates (as appropriate):
    (1) The initial date of grant of the license, excluding subsequent 
modifications;
    (2) The date of consummation of an assignment or transfer, if the 
station is acquired as the result of an assignment of license, or 
transfer of control of corporate licensee; or
    (3) The median date of the applicable commencement dates (determined 
pursuant to paragraphs (c) (1) and (2) of this section) if the 
transaction involves two or more stations. (The median date is that date 
so selected such that fifty percent of the commencement dates of the 
total number of stations, when arranged in chronological order, lie 
below it and fifty percent lie above it. When the number of stations is 
an even number, the median date will be a value half way between the two 
dates closest to the theoretical median).

[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 33900, July 26, 1983; 
50 FR 5994, Feb. 13, 1985; 52 FR 27554, July 22, 1987. Redesignated and 
amended at 52 FR 37780, Oct. 9, 1987; 58 FR 11798, Mar. 1, 1993; 61 FR 
26674, May 28, 1996]



Sec. 21.40  Modification of station license.

    (a) Except as provided in Secs. 21.41 and 21.42, no modification of 
a license issued pursuant to this part (or the facilities described 
thereunder) shall be made except upon application to the

[[Page 44]]

Commission and upon finding by the Commission that:
    (1) Such modification will promote the public interest, convenience 
and necessity, or
    (2) That the provisions of the Communications Act of 1934 or of any 
treaty ratified by the United States will be more fully complied with if 
such application is granted.
    (b) No application for modification to extend a license construction 
period will be granted for delays caused by lack of financing or for 
lack of site availability. Applications for time extensions for other 
reasons must include a verified statement from the application showing 
that the licensee has made diligent efforts to construct the facilities 
and:
    (1) That additional time is required due to circumstances beyond the 
applicant's control, in which case the applicant must describe such 
circumstances and must set forth with specificity and justify the 
precise extension period requested; or
    (2) That there are unique and overriding public interest concerns 
that justify such an extension, in which case the applicant must 
identify such interests and must set forth and justify a precise 
extension period.
    (c) Notwithstanding the provisions of paragraph (b), when a station 
license has been assigned or transferred pursuant to Sec. 21.38, any 
extension of time will be limited so that the time left to construct 
after Commission grant of the transfer or assignment will be no more 
than the time remaining for construction at the date of the filing of 
the application for transfer or assignment.

[52 FR 37780, Oct. 9, 1987]



Sec. 21.41  Special processing of applications for minor facility modifications.

    (a) Unless an applicant is notified to the contrary by the 
Commission, as of the twenty-first day following the date of public 
notice, any application that meets the requirements of paragraph (b) of 
this section and proposes only the change specified in paragraph (c) of 
this section shall be deemed to have been authorized by the Commission.
    (b) An application may be considered under the procedures of this 
section only if:
    (1) It is in the Multipoint Distribution Service;
    (2) The cumulative effect of all such applications made within any 
60 days period does not exceed the appropriate values prescribed by 
paragraph (c) of this section;
    (3) The facilities to be modified are not located within 56.3 
kilometers (35 miles) of the Canadian or Mexican border;
    (4) It is acceptable for filing, is consistent with all of the 
Commission's rules, and does not involve a waiver request;
    (5) It specifically requests consideration pursuant to this section;
    (6) Frequency notification procedures are complied with and a copy 
of the application has been served on those who also were served under 
Sec. 21.902; and
    (7) In the Multipoint Distribution Service, the modified facility 
would not produce a power flux density that exceeds -73 dBW/m\2\, 
pursuant to Secs. 21.902 and 21.939 at locations on the boundaries of 
protected service areas to which there is an unobstructed signal path.
    (c) The modifications that may be authorized under the procedures of 
this section are:
    (1) Changes in a transmitter and existing transmitter operating 
characteristics, or protective configuration of transmitter, provided 
that:
    (i) In the Multipoint Distribution Service, any increase in EIRP is 
one and one-half dB or less over the previously-authorized power value; 
or
    (ii) The necessary bandwidth is not increased by more than 10% of 
the previously authorized necessary bandwidth.
    (2) Changes in the height of an antenna, provided that:
    (i) In Multipoint Distribution Service, any increase in antenna 
height is less than 3.0 meters above the previously authorized height; 
and
    (ii) The overall height of the antenna structure is not increased as 
a result of the antenna extending above the height of the previously 
authorized structure, except when the new height of the antenna 
structure is 6.1 meters

[[Page 45]]

or less (above ground or man-made structure, as appropriate) after the 
change is made.
    (3) Change in the geographical coordinates of a transmit station by 
ten seconds or less of latitude, longitude or both, provided that when 
notice to the FAA of proposed construction is required by part 17 of 
this chapter for antenna structure at the previously authorized 
coordinates (or will be required at the new location) the applicant must 
comply with the provisions of Sec. 21.15(d).
    (d) Upon grant of an application under the procedure of this section 
and at such time that construction begins, the applicant must keep a 
complete copy of the application (including the filing date) with the 
station license if construction is commenced prior to the receipt of the 
authorization.

[52 FR 37780, Oct. 9, 1987, as amended at 55 FR 46009, Oct. 31, 1990; 58 
FR 44894, Aug. 25, 1993; 60 FR 36552, July 17, 1995; 61 FR 4364, Feb. 6, 
1996; 61 FR 26674, May 28, 1996]



Sec. 21.42  Certain modifications not requiring prior authorization.

    (a) Equipment in an authorized radio station may be replaced without 
prior authorization or notification if:
    (1) The replacement equipment is identical (i.e., same manufacturer 
and model number) with the replacement equipment; or
    (2) The replacement transmitter, transmitting antenna, transmission 
line loss and/or devices between the transmitter and antenna, or 
combinations of the above, do not change the EIRP of a station in any 
direction.
    (b) Licensees of fixed stations in the Multipoint Distribution 
Service may make the facility changes listed in paragraph (c) of this 
section without obtaining prior Commission authorization, if:
    (1) The Multipoint Distribution Service licensee serves a copy of 
the notification described in paragraph (b)(3) of this section on those 
who were served under Sec. 21.902, and
    (2) The cumulative effect of all facility changes made within any 60 
day period does not exceed the appropriate values prescribed by 
paragraph (c) of this section, and
    (3) The Commission is notified of changes made to facilities by the 
submission of a completed FCC Form 304 within thirty (30) days after the 
changes are made.
    (4) In the Multipoint Distribution Service, the modified facility 
would not produce a power flux density at the protected service area 
boundary that exceeds -73 dBW/m\2\, pursuant to Secs. 21.902 and 21.939.
    (c) Modifications that may be made without prior authorization under 
paragraph (b) of this section are:
    (1) Change or modification of a transmitter, when:
    (i) The replacement or modified transmitter is certificated for use 
under this part and is installed without modification from the 
certificated configuration;
    (ii) The type of modulation is not changed;
    (iii) The frequency stability is equal to or better than the 
previously authorized frequency stability; and
    (iv) The necessary bandwidth and the output power do not exceed the 
previously authorized values.
    (2) Addition or deletion of a transmitter for protection without 
changing the authorized power output (e.g. hot standby transmitters);
    (3) Change to an antenna when the new antenna conforms with 
Sec. 21.906 and the EIRP resulting from the new antenna does not exceed 
that resulting from the previously authorized antenna by more than one 
dB in any direction.
    (4) Any technical changes that would decrease the effective radiated 
power.
    (5) Change to the height of an antenna, when:
    (i) The new height (measured at the center-of-radiation) is within 
1.5 meters (5 feet) of the previously authorized height; and
    (ii) The overall height of the antenna structure is not increased as 
a result of the antenna extending above the height of the previously 
authorized structure, except when the new height of the antenna 
structure is 6.1 meters (20 feet) or less (above ground or man-made 
structure, as appropriate) after the change is made.
    (6) Decreases in the overall height of an antenna structure, 
provided that,

[[Page 46]]

when notice to the FAA of proposed construction was required by part 17 
of this chapter for the antenna structure at the previously authorized 
height, the applicant must comply with the provisions of Sec. 21.15 (d) 
and (e).
    (7) Changes to the transmission line and other devices between the 
transmitter and the antenna when the effective radiated power of the 
station is not increased by more than one dB.
    (8) A change to a sectorized antenna system comprising an array of 
directional antennas, provided that such system does not change 
polarization or result in an increase in radiated power by more than one 
dB in any horizontal or vertical direction; provided, however, that 
notice of such change is provided to the Commission on FCC Form 331 
within ten (10) days of installation.
    (d) Licensees may correct erroneous information on a license which 
does not involve a major change (i.e., a change that would be classified 
as a major amendment as defined by Sec. 21.23) without obtaining prior 
Commission approval by filing a completed FCC Form 494, or for the 
Multipoint Distribution Service licensees, by filing the MDS long-form 
application.

[52 FR 37781, Oct. 9, 1987, as amended at 58 FR 44894, Aug. 25, 1993; 60 
FR 36552, July 17, 1995; 60 FR 57366, Nov. 15, 1995; 61 FR 4364, Feb. 6, 
1996; 61 FR 26674, May 28, 1996; 63 FR 36603, July 7, 1998; 63 FR 49870, 
Sept. 18, 1998; 63 FR 65101, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999; 
65 FR 46617, July 31, 2000]



Sec. 21.43  Period of construction; certification of completion of construction.

    (a) Except for Multipoint Distribution Service station licenses 
granted to BTA and PSA authorization holders, each license for a radio 
station for the services included in this part shall specify as a 
condition therein the period during which construction of facilities 
will be completed and the station made ready for operation. Construction 
may not commence until the grant of a license, and must be completed by 
the date specified in the license as the termination date of the 
construction period. Except as may be limited by Sec. 21.45(b) or 
otherwise determined by the Commission for any particular application, 
the maximum construction period for all stations licensed under this 
part shall be a maximum of 12 months from the date of the license grant.
    (b) Each license for a radio station for the services included in 
this part shall also specify as a condition therein that upon the 
completion of construction, each licensee must file with the Commission 
a certification of completion of construction using FCC Form 494A, 
certifying that the facilities as authorized have been completed and 
that the station is now operational and ready to provide service to the 
public, and will remain operational during the license period, unless 
the license is submitted for cancellation.

[52 FR 37782, Oct. 9, 1987, as amended at 60 FR 36552, July 17, 1995; 61 
FR 26675, May 28, 1996]



Sec. 21.44  Forfeiture and termination of station authorization.

    (a) A license shall be automatically forfeited in whole or in part 
without further notice to the licensee upon:
    (1) The expiration of the construction period specified therein, 
where applicable, or after such additional time as may be authorized by 
the Commission, unless within 5 days after that date certification of 
completion of construction has been filed with the Commission pursuant 
to Sec. 21.43;
    (2) The expiration of the license period specified therein, unless 
prior thereto an application for renewal of such license has been filed 
with the Commission; or
    (3) The voluntary removal or alteration of the facilities, so as to 
render the station not operational for a period of 30 days or more.
    (b) A license forfeited in whole or in part under the provisions of 
paragraph (a)(1) or (a)(2) may be reinstated if the Commission, in its 
discretion, determines that reinstatement would best serve the public 
interest, convenience and necessity. Petitions for reinstatement filed 
pursuant to this subsection will be considered only if:
    (1) The petition is filed within 30 days of the expiration date set 
forth in paragraph (a)(1) or (a)(2) of this section, whichever is 
applicable;
    (2) The petition explains the failure to timely file such 
notification or application as would have prevented automatic 
forfeiture; and

[[Page 47]]

    (3) The petition sets forth with specificity the procedures which 
have been established to insure timely filings in the future.
    (c) A special temporary authorization shall automatically terminate 
upon the expiration date specified therein, or upon failure to comply 
with any special terms or conditions set forth therein. Operation may be 
extended beyond such termination date only after application and upon 
specific authorization by the Commission.

[52 FR 37782, Oct. 9, 1987, as amended at 60 FR 36552, July 17, 1995]



Sec. 21.45  License period.

    (a)(1) Licenses for stations in the Multipoint Distribution Service 
will be issued for a period not to exceed 10 years, except that licenses 
for developmental stations will be issued for a period not to exceed one 
year. The expiration date of developmental licenses shall be one year 
from the date of the grant thereof. Unless otherwise specified by the 
Commission, the expiration of regular licenses shall be on the following 
date in the year of expiration.

Multipoint Distribution Service--May 1.

    (2) When a license is granted subsequent to the last renewal date of 
the class of license involved, the license shall be issued only for the 
unexpired period of the current license term of such class.
    (b) The Commission reserves the right to grant or renew station 
licenses in these services for a shorter period of time than that 
generally prescribed for such stations if, in its judgment, public 
interest, convenience, or necessity would be served by such action.
    (c) Upon the expiration or termination of any station license, any 
related conditional authorization, which bears a later expiration date, 
shall be automatically terminated concurrently with the related station 
license, unless it shall have been determined by the Commission that the 
public interest, convenience or necessity would be served by continuing 
in effect said conditional authorization.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981; 
48 FR 27253, June 14, 1983; 61 FR 26675, May 28, 1996]



Sec. 21.50  Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from Domestic Public Fixed Radio Services to emerging technologies.

    (a) Licensees proposing to implement services using emerging 
technologies (ET Licensees) may negotiate with Domestic Public Fixed 
Radio Service licensees (Existing Licensees) in these bands for the 
purpose of agreeing to terms under which the Existing Licensees would 
relocate their operations to other fixed microwave bands or to other 
media, or alternatively, would accept a sharing arrangement with the 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.

[[Page 48]]

    (c) The Commission will amend the operating license of the fixed 
microwave operator to secondary status only if the following 
requirements are met:
    (1) The service applicant, provider, licensee, or representative 
using an emerging technology guarantees payment of all relocation costs, 
including all engineering, equipment, site and FCC fees, as well as any 
reasonable, additional costs that the relocated fixed microwave licensee 
might incur as a result of operation in another fixed microwave band or 
migration to another medium;
    (2) The emerging technology service entity completes all activities 
necessary for implementing the replacement facilities, including 
engineering and cost analysis of the relocation procedure and, if radio 
facilities are used, identifying and obtaining, on the incumbents' 
behalf, new microwave frequencies and frequency coordination; and
    (3) The emerging technology service entity builds the replacement 
system and tests it for comparability with the existing 2 GHz system.
    (d) The 2 GHz microwave licensee is not required to relocate until 
the alternative facilities are available to it for a reasonable time to 
make adjustments, determine comparability, and ensure a seamless 
handoff.
    (e) If within one year after the relocation to new facilities the 2 
GHz microwave licensee demonstrates that the new facilities are not 
comparable to the former facilities, the emerging technology service 
entity must remedy the defects or pay to relocate the microwave licensee 
back to its former or equivalent 2 GHz frequencies.

[58 FR 46549, Sept. 2, 1993, as amended at 59 FR 19645, Apr. 25, 1994]



                     Subpart C--Technical Standards



Sec. 21.100  Frequencies.

    The frequencies available for use in the service covered by this 
part are listed in subpart K. Assignment of frequencies will be made 
only in such a manner as to facilitate the rendition of communication 
service on an interference-free basis in each service area. Unless 
otherwise indicated, each frequency available for use by stations in 
this service will be assigned exclusively to a single applicant in any 
service area. All applicants for, and licensees of, stations in this 
service shall cooperate in the selection and use of the frequencies 
assigned in order to minimize interference and thereby obtain the most 
effective use of the authorized facilities. In the event harmful 
interference occurs or appears likely to occur between two or more radio 
systems and such interference cannot be resolved between the licensees 
thereof, the Commission may, after notice and opportunity for hearing, 
require the licensees to make such changes in operating techniques or 
equipment as it may deem necessary to avoid such interference.

[61 FR 26675, May 28, 1996]



Sec. 21.101  Frequency tolerance.

    (a) The carrier frequency of each transmitter authorized in these 
services shall be maintained within the following percentage of the 
reference frequency except as otherwise provided in paragraph (b) of 
this section or in the applicable subpart of this part (unless otherwise 
specified in the instrument of station authorization the reference 
frequency shall be deemed to be the assigned frequency):

------------------------------------------------------------------------
                                                              Frequency
                                                              tolerance
                   Frequency range (MHz)                      for fixed
                                                               stations
                                                              (percent)
------------------------------------------------------------------------
2,150 to 2,162 \1\ \2\.....................................        0.001
2,596 to 2,680 \2\.........................................       0.005
------------------------------------------------------------------------
\1\ Beginning Aug. 9, 1975, this tolerance will govern the marketing of
  equipment pursuant to Secs.  2.803 and 2.805 of this chapter and the
  issuance of all authorizations for new radio equipment. Until that
  date new equipment may be authorized with a frequency tolerance of
  0.03 percent in the frequency range 2,200 to 10,500 MHz and equipment
  so authorized may continue to be used for its life provided that it
  does not cause interference to the operation of any other licensee.
  Equipment authorized in the frequency range 2,450 to 10,500 MHz prior
  to June 23, 1969, at a tolerance of 0.05 percent may continue to be
  used until February 1, 1976 provided it does not cause interference to
  the operation of any other licensee.
\2\ Beginning January 21, 2000, the equipment authorized to be used at
  all MDS main stations, and at all MDS booster stations authorized
  pursuant to Sec.  21.913(b) of this part, shall maintain a frequency
  tolerance of 0.001%. MDS booster stations authorized pursuant to Sec.
  21.913(e) of this part and MDS response stations authorized pursuant
  to Sec.  21.909 of this part shall employ transmitters with sufficient
  frequency stability to ensure that the emission is, at all times,
  within the required emission mask.

    (b) As an additional requirement in any band where the Commission 
makes assignments according to a specified channel plan, provisions 
shall be made

[[Page 49]]

to prevent the emission included within the occupied bandwidth from 
radiating outside the assigned channel at a level greater than that 
specified in Sec. 21.106.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981; 
48 FR 50329, Nov. 1, 1983; 48 FR 50732, Nov. 3, 1983; 49 FR 37775, Sept. 
26, 1984; 54 FR 10327, Mar. 13, 1989; 54 FR 24905, June 12, 1989; 55 FR 
46009, Oct. 31, 1990; 56 FR 57816, Nov. 14, 1991; 61 FR 26675, May 28, 
1996; 63 FR 65101, Nov. 25, 1998; 64 FR 63730, Nov. 22, 1999]



Secs. 21.102-21.104  [Reserved]



Sec. 21.105  Bandwidth.

    Each authorization issued pursuant to these rules will show, as the 
emission designator, a symbol representing the class of emission which 
shall be prefixed by a number specifying the necessary bandwidth. This 
figure does not necessarily indicate the bandwidth actually occupied by 
the emission at any instant. In those cases where part 2 of this chapter 
does not provide a formula for the computation of the necessary 
bandwidth, the occupied bandwidth may be used in the emission 
designator.

[49 FR 48700, Dec. 14, 1984]



Sec. 21.106  Emission limitations.

    (a) The mean power of emissions shall be attenuated below the mean 
output power of the transmitter in accordance with the following 
schedule:
    (1) When using transmissions other than those employing digital 
modulation techniques:
    (i) On any frequency removed from the assigned frequency by more 
than 50 percent up to and including 100 percent of the authorized 
bandwidth: At least 25 decibels;
    (ii) On any frequency removed from the assigned frequency by more 
than 100 percent up to and including 250 percent of the authorized 
bandwidth: At least 35 decibels;
    (iii) On any frequency removed from the assigned frequency by more 
than 250 percent of the authorized bandwidth: At least 43+10 Log10 
(mean output power in watts) decibels, or 80 decibels, whichever is the 
lesser attenuation.
    (2) When using transmissions employing digital modulation techniques 
(see Sec. 21.122(b)) in situations other than those covered by subpart K 
of this part:
    (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. A=35+0.8(P;minus;50)+10 Log10 B. 
(Attenuation greater than 80 decibels is not required.)

where:

A=Attenuation (in decibels) below the mean output power level.
P=Percent removed from the carrier frequency.
B=Authorized bandwidth in MHz.

    (ii) In any 4 kHz band, the center frequency of which is removed 
from the assigned frequency by more than 250 percent of the authorized 
bandwidth: At least 43+10 Log10 (mean output power in watts) 
decibels, or 80 decibels, whichever is the lesser attenuation.
    (b) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in paragraph (a) of this section.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981; 
52 FR 23550, June 23, 1987; 61 FR 26675, May 28, 1996; 65 FR 46617, July 
31, 2000]



Sec. 21.107  Transmitter power.

    (a) The power which a station will be permitted to use in these 
services will be the minimum required for satisfactory technical 
operation commensurate with the size of the area to be served and local 
conditions which affect radio transmission and reception. In cases of 
harmful interference, the Commission may, after notice and opportunity 
for hearing, order a change in the effective radiated power of a 
station.
    (b) The EIRP of a transmitter station employed in this radio service 
shall not exceed the values shown in the following tabulation:

[[Page 50]]



------------------------------------------------------------------------
                                                               Maximum
                                                              allowable
                                                              EIRP for a
                   Frequency range (MHz)                        fixed
                                                               station
                                                               (Watts)
------------------------------------------------------------------------
2,150 to 2,162.............................................     \1\ 2000
2,596 to 2,680.............................................    \1\ 2000
------------------------------------------------------------------------
\1\ When a Multipoint Distribution Service station uses a non-
  omnidirectional antenna EIRP up to 7943 Watts may be authorized
  pursuant to Sec.  21.904(b) of this Part.


[44 FR 60534, Oct. 19, 1979, as amended at 49 FR 37775, Sept. 26, 1984; 
52 FR 7140, Mar. 9, 1987; 52 FR 37783, Oct. 9, 1987; 54 FR 10328, Mar. 
13, 1989; 54 FR 24905, June 12, 1989; 55 FR 46009, Oct. 31, 1990; 56 FR 
57816, Nov. 14, 1991; 58 FR 49224, Sept. 22, 1993; 61 FR 26675, May 28, 
1996]



Sec. 21.108  [Reserved]



Sec. 21.109  Antenna and antenna structures.

    (a) In the event harmful interference is caused to the operation of 
other stations, the Commission may, after notice and opportunity for 
hearing, order changes to be made in the height, orientation, gain and 
radiation pattern of the antenna system.
    (b) The Commission may require the replacement, at the licensee's 
expense, of any antenna system of a permanent fixed station operating at 
2500 MHz or higher upon a showing that said antenna causes or is likely 
to cause interference to any other authorized or proposed station.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987; 61 
FR 26675, May 28, 1996]



Sec. 21.110  Antenna polarization.

    Stations operating in the radio services included in this part are 
not limited as to the type of polarization of the radiated signal, 
provided, however, that in the event interference in excess of 
permissible levels is caused to the operation of other stations the 
Commission may, after notice and opportunity for hearing, order the 
licensee to change the polarization of the radiated signal. No change in 
polarization shall be made without prior authorization from the 
Commission.

[52 FR 37783, Oct. 9, 1987]



Sec. 21.111  Use of common antenna structure.

    The simultaneous use of a common antenna structure by more than one 
station authorized under this part, or by one or more stations of any 
other service may be authorized. The owner, however, of each antenna 
structure required to be painted and/or illuminated under the provisions 
of Section 303(q) of the Communications Act of 1934, as amended, shall 
install and maintain the antenna structure painting and lighting in 
accordance with part 17 of this chapter. In the event of default by the 
owner, each licensee or permittee shall be individually responsible for 
conforming to the requirements pertaining to antenna structure painting 
and lighting.

[61 FR 4365, Feb. 6, 1996]



Sec. 21.112  Marking of antenna structures.

    No owner, conditional licensee, or licensee of an antenna structure 
for which obstruction marking or lighting is required and for which an 
antenna structure registration number has been obtained, shall 
discontinue the required painting or lighting without having obtained 
prior written authorization therefor from the Commission. (For complete 
regulations relative to antenna marking requirements, see part 17 of 
this chapter.)

[61 FR 4365, Feb. 6, 1996]



Sec. 21.113  Quiet zones and Arecibo Coordination Zone.

    Quiet zones are those areas where it is necessary to restrict 
radiation so as to minimize possible impact on the operations of radio 
astronomy or other facilities that are highly sensitive to radio 
frequency interference. The areas involved and procedures required are 
as follows:
    (a) In order to minimize possible harmful interference at the 
National Radio Astronomy Observatory site located at Green Bank, 
Pocahontas County, West Virginia, and at the Naval Radio Research 
Observatory site at Sugar Grove, Pendleton County, West Virginia, any 
applicant for a station authorization other than mobile,

[[Page 51]]

temporary base, or temporary fixed seeking authorization for a new 
station or to modify an existing station in a manner which would change 
either the frequency, power, antenna height or directivity, or location 
of such a station within the area bounded by 39 deg.15' N. on the north, 
78 deg.30' W. on the east, 37 deg.30' N. on the south, and 80 deg.30' W. 
on the west shall, at the time of filing such application with the 
Commission, simultaneously notify the Director, National Radio Astronomy 
Observatory, Post Office Box No. 2, Green Bank, West Virginia 24944, in 
writing, of the technical particulars of the proposed operation. Such 
notification shall include the geographical coordinates of the antenna, 
antenna height, antenna directivity (if any), proposed frequency, type 
of emission, and power. In addition, the applicant shall indicate in his 
application to the Commission the date notification was made to the 
Observatory. After receipt of such applications, the Commission will 
allow a period of twenty (20) days for comments or objections in 
response to the notifications indicated. If an objection to the proposed 
operation is received during the 20-day period from the National Radio 
Astronomy Observatory for itself or on behalf of the Naval Radio 
Research Observatory, the Commission will consider all aspects of the 
problem and take whatever action is deemed appropriate.
    (b) In order to minimize possible harmful interference at the Table 
Mountain Radio Receiving Zone of the Research Laboratories of the 
Department of Commerce located in Boulder County, Colorado, applicants 
for new or modified radio facilities in the vicinity of Boulder County, 
Colorado are advised to give due consideration prior to filing 
applications, to the need to protect the Table Mountain Radio Receiving 
Zone from harmful interference. To prevent degradation of this present 
ambient radio signal level at the site, the Department of Commerce seeks 
to ensure that the field strengths of any radiated signals (excluding 
reflected signals) received on this 728.4 hectare (1800 acre) site (in 
the vicinity of coordinates 40 deg. 07' 50" N Latitude, 105 deg. 15' 40" 
W Longitude) resulting from new assignments (other than mobile stations) 
or from the modification or relocation of existing facilities do not 
exceed the following values:

------------------------------------------------------------------------
                                                    Field     Power flux
                                                  strength   density \1\
                                                  (mV/m) in  (dbW/m2) in
                Frequency range                  authorized   authorized
                                                  bandwidth   bandwidth
                                                 of service   of service
------------------------------------------------------------------------
Below 540 kHz..................................          10        -65.8
540 to 1600 kHz................................          20        -59.8
1.6 to 470 MHz.................................          10    \2\ -65.8
470 to 890 MHz.................................          30    \2\ -54.2
Above 890 MHz..................................           1   \2\ -85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are calculated assuming free
  space characteristic impedance of 376.7=120 ohms.
\2\ Space stations shall conform to the power flux density limits at the
  earth's surface specified in appropriate parts of the FCC rules, but
  in no case should exceed the above levels in any 4 kHz band for all
  angles of arrival.

    (1) Advance consultation is recommended particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power flux density figures in the above table would be 
exceeded by their proposed radio facilities (except mobile stations). In 
such instances, the following is a suggested guide for determining 
whether coordination is recommended:
    (i) All stations within 2.4. kilometers (1.5 miles);
    (ii) Stations within 4.8 kilometers (3 miles) with 50 watts or more 
average effective radiated power (ERP) in the primary plane of 
polarization in the azimuthal direction of the Table Mountain Radio 
Receiving Zone;
    (iii) Stations within 16.1 kilometers (10 miles) with 1 kW or more 
average ERP in the primary plane of polarization in the azimuthal 
direction of Table Mountain Receiving Zone;
    (iv) Stations within 80.5 kilometers (50 miles) with 25 kW or more 
average ERP in the primary plane of polarization in the azimuthal 
direction of Table Mountain Receiving Zone.
    (2) Applicants concerned are urged to communicate with the Radio 
Frequency Management Coordinator, Department of Commerce, Research 
Support Services, NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303; 
telephone (303) 497-6548, in advance of filling their applications with 
the Commission.
    (3) The Commission will not screen applications to determine whether 
advance consultation has taken place.

[[Page 52]]

However, applicants are advised that such consultation can avoid 
objections from the Department of Commerce or proceedings to modify any 
authorization which may be granted which, in fact, delivers a signal at 
the site in excess of the field strength specified herein.
    (c) Protection for Federal Communications Commission monitoring 
stations:
    (1) Applicants in the vicinity of an FCC monitoring station for a 
radio station authorization to operate new transmitting facilities or 
changed transmitting facilities which would increase the field strength 
produced over the monitoring station over that previously authorized are 
advised to give consideration, prior to filing applications, to the 
possible need to protect the FCC stations from harmful interference. 
Geographical coordinates of the facilities which require protection are 
listed in Sec. 0.121(c) of the Commission's Rules. Applications for 
stations (except mobile stations) which will produce on any frequency a 
direct wave fundamental field strength of greater than 10 mV/m in the 
authorized bandwidth of service (-65.8 dBW/m\2\ 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\2\) 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 guide for determining whether an 
applicant should coordinate:
    (i) All stations within 2.4 kilometers (1.5 statute miles);
    (ii) Stations within 4.8 kilometers (3 statute miles) with 50 watts 
or more average effective radiated power (ERP) in the primary plane of 
polarization in the azimuthal direction of the Monitoring Stations.
    (iii) Stations within 16.1 kilometers (10 miles) with 1 kW or more 
average ERP in the primary plane of polarization in the azimuthal 
direction of the Monitoring Station.
    (iv) Stations within 80.5 kilometers (50 miles) with 25 kW or more 
average ERP in the primary plane of polarization in the azimuthal 
direction of the Monitoring Station.
    (4) Advance coordination for stations operating above 1000 MHz is 
recommended only where the proposed station is in the vicinity of a 
monitoring station designated as a satellite monitoring facility in 
Sec. 0.121(c) of the Commission's Rules and also meets the criteria 
outlined in paragraphs (c) (2) and (3) of this section.
    (5) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Federal 
Communications Commission or modification of any authorization which 
will cause harmful interference.
    (d) Any applicant for a new permanent base or fixed station to be 
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and 
Culebra, or for a modification of an existing authorization which would 
change the frequency, power, antenna height, directivity, or location of 
a station on these islands and would increase the likelihood of the 
authorized facility causing interference, shall notify the Interference 
Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 
00613, in writing or electronically, of the technical parameters of the 
proposal. Applicants may wish to consult interference guidelines,

[[Page 53]]

which will be provided by Cornell University. Applicants who choose to 
transmit information electronically should e-mail to: prcz@naic.edu
    (1) The notification to the Interference Office, Arecibo Observatory 
shall be made prior to, or simultaneously with, the filing of the 
application with the Commission. The notification shall state the 
geographical coordinates of the antenna (NAD-83 datum), antenna height 
above ground, ground elevation at the antenna, antenna directivity and 
gain, proposed frequency and FCC Rule Part, type of emission, effective 
radiated power, and whether the proposed use is itinerant. Generally, 
submission of the information in the technical portion of the FCC 
license application is adequate notification. In addition, the applicant 
shall indicate in its application to the Commission the date 
notification was made to the Arecibo Observatory.
    (2) After receipt of such applications, the Commission will allow 
the Arecibo Observatory a period of 20 days for comments or objections 
in response to the notification indicated. The applicant will be 
required to make reasonable efforts in order to resolve or mitigate any 
potential interference problem with the Arecibo Observatory and to file 
either an amendment to the application or a modification application, as 
appropriate. If the Commission determines that an applicant has 
satisfied its responsibility to make reasonable efforts to protect the 
Observatory from interference, its application may be granted.
    (3) The provisions of this paragraph do not apply to operations that 
transmit on frequencies above 15 GHz.

[44 FR 60534, Oct. 19, 1979, as amended at 44 FR 77167, Dec. 31, 1979; 
50 FR 39001, Sept. 26, 1985; 52 FR 37783, Oct. 9, 1987; 58 FR 44894, 
Aug. 25, 1993; 61 FR 8477, Mar. 5, 1996; 62 FR 55530, Oct. 27, 1997]



Secs. 21.114-21.115  [Reserved]



Sec. 21.116  Topographical data.

    Determining the location and height above sea level of the antenna 
site, the elevation or contour intervals shall be taken from United 
States Geological Survey Topographic Quadrangle Maps, United States Army 
Corps of Engineers maps or Tennessee Valley Authority maps, whichever is 
the latest, for all areas for which such maps are available. If such 
maps are not published for the area in question, the next best 
topographic information should be used. Topographic data may sometimes 
be obtained from State and municipal agencies. Data from Sectional 
Aeronautical Charts (including bench marks) or railroad depot elevations 
and highway elevations from road maps may be used where no better 
information is available. In cases where limited topographic data is 
available, use may be made of an altimeter in a car driven along roads 
extending generally radially from the transmitter site. If it appears 
necessary, additional data may be requested. United States Geological 
Survey Topographic Quadrangle Maps may be obtained from the Department 
of the Interior, Geological Survey, Washington, DC 20242. Sectional 
Aeronautical Charts are available from the Department of Commerce, Coast 
and Geodetic Survey, Washington, DC 20230.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]



Sec. 21.117  Transmitter location.

    (a) The applicant shall determine, prior to filing an application 
for a radio station authorization, that the antenna site specified 
therein is adequate to render the service proposed. In cases of 
questionable antenna locations, it is desirable to conduct propagation 
tests to indicate the field intensity which may be expected in the 
principal areas or at the fixed points of communication to be served, 
particularly where severe shadow problems may be expected. In 
considering applications proposing the use of such locations, the 
Commission may require site survey tests to be made pursuant to a 
developmental authorization in the particular service concerned. In such 
cases, propagation tests should be conducted in accordance with 
recognized engineering methods and should be made with a transmitting 
antenna simulating, as near as possible, the proposed antenna 
installation. Full data obtained from such surveys and its analysis, 
including a description of the methods used and the name, address

[[Page 54]]

and qualifications of the engineer making the survey, must be supplied 
to the Commission.
    (b) The owner of the antenna structure should locate and construct 
such structure as to avoid making them hazardous to air navigation. (See 
part 17 of this chapter for provisions relating to antenna structures.) 
Such installation shall be maintained in good structural condition 
together with any required painting or lighting.

[44 FR 60534, Oct. 19, 1979, as amended at 61 FR 4365, Feb. 6, 1996]



Sec. 21.118  Transmitter construction and installation.

    (a) The equipment at the operating and transmitting positions shall 
be so installed and protected that it is not accessible to, or capable 
of being operated by, persons other than those duly authorized by the 
licensee.
    (b) In any case where the maximum modulating frequency of a 
transmitter is prescribed by the Commission, the transmitter shall be 
equipped with a low-pass or band-pass modulation filter of suitable 
performance characteristics. In those cases where a modulation limiter 
is employed, the modulation filter shall be installed between the 
transmitter stage in which limiting is effected and the modulated stage 
of the transmitter.
    (c) Each transmitter employed in these services shall be equipped 
with an appropriately labeled pilot lamp or meter which will provide 
continuous visual indication at the transmitter when its control 
circuits have been placed in a condition to activate the transmitter. 
Such requirement will not be applicable to MDS response stations or MDS 
booster stations authorized pursuant to Sec. 21.913(e). 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.
    (f) Transmitter control circuits from any control point shall be so 
installed that grounding or shorting any line in the control circuit 
will not cause the transmitter to radiate: Provided, however, That this 
provision shall not be applicable to control circuits of stations which 
normally operate with continuous radiation or to control circuits which 
are under the effective operational control of responsible operating 
personnel 24 hours per day.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987; 63 
FR 65101, Nov. 25, 1998]



Sec. 21.119  [Reserved]



Sec. 21.120  Authorization of transmitters.

    (a) Except for transmitters used at developmental stations, each 
transmitter shall be a type which has been certificated by the 
Commission for use under the applicable rules of this part.
    (b) Any manufacturer of a transmitter to be produced for use under 
the rules of this part may request certification by following the 
applicable procedures set forth in part 2 of this chapter. Type accepted 
and notified transmitters are included in the Commission's Radio 
Equipment List.
    (c) Certification for an individual transmitter may also be 
requested by an applicant for a station authorization, pursuant to the 
procedures set forth in part 2 of this chapter.

[44 FR 60534, Oct. 19, 1979, as amended at 49 FR 3999, Feb. 1, 1984; 50 
FR 7340, Feb. 22, 1985; 58 FR 49226, Sept. 22, 1993; 59 FR 19645, Apr. 
25, 1994; 61 FR 26676, May 28, 1996; 63 FR 36603, July 7, 1998]



Sec. 21.121  [Reserved]



Sec. 21.122  Microwave digital modulation.

    (a) Microwave transmitters employing digital modulation techniques 
and operating below 15 GHz shall, with appropriate multiplex equipment, 
comply with the following additional requirement: The bit rate, in bits 
per second,

[[Page 55]]

shall be equal to or greater than the bandwidth specified by the 
emission designator in Hertz (e.g., to be acceptable, equipment 
transmitting at a 6 Mb/s rate must not require a bandwidth of greater 
than 6 MHz), except the bandwidth used to calculate the minimum rate 
shall not include any authorized guard band.
    (b) For purposes of compliance with the emission limitation 
requirements of Sec. 21.106(a)(2) of this part and the requirements of 
paragraph (a) of this section, digital modulation techniques are 
considered as being employed when digital modulation contributes 50 
percent or more to the total peak frequency deviation of a transmitted 
radio frequency carrier. The total peak frequency deviation shall be 
determined by adding the deviation produced by the digital modulation 
signal and the deviation produced by any frequency division multiplex 
(FDM) modulation used. The deviation (D) produced by the FDM signal 
shall be determined in accordance with Sec. 2.202(f) of part 2 of this 
chapter.
    (c) Transmitters employing digital modulation techniques shall 
effectively eliminate carrier spikes or single frequency tones in the 
output signal to the degree which would be obtained without repetitive 
patterns occurring in the signal.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23451, Apr. 27, 1981; 
49 FR 37775, Sept. 26, 1984; 58 FR 49226, Sept. 22, 1993; 61 FR 26676, 
May 28, 1996]



                     Subpart D--Technical Operation



Sec. 21.200  Station inspection.

    The licensee of each station authorized in the radio services 
included in this part shall make the station available for inspection by 
representatives of the Commission at any reasonable hour.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]



Sec. 21.201  Posting of station license.

    (a) The instrument of authorization, a clearly legible photocopy 
thereof, or the name, address and telephone number of the custodian of 
the instrument of authorization shall be available at each station, 
booster station authorized pursuant to Sec. 21.913(b) and MDS response 
station hub. Each operator of an MDS booster station shall post at the 
booster station the name, address and telephone number of the custodian 
of the notification filed pursuant to Sec. 21.913(e) if such 
notification is not maintained at the booster station.
    (b) If an MDS station, an MDS booster station or an MDS response 
station hub is operated unattended, the call sign and name of the 
licensee shall be displayed such that it may be read within the vicinity 
of the transmitter enclosure or antenna structure.

[64 FR 63731, Nov. 22, 1999]



Secs. 21.202--21.208  [Reserved]



Sec. 21.209  Communications concerning safety of life and property.

    (a) Handling and transmission of messages concerning the safety of 
life or property which is in imminent danger shall be afforded priority 
over other messages.
    (b) No person shall knowingly cause to be transmitted any false or 
fraudulent message concerning the safety of life or property, or refuse 
upon demand immediately to relinquish the use of a radio circuit to 
enable the transmission of messages concerning the safety of life or 
property which is in imminent danger, or knowingly interfere or 
otherwise obstruct the transmission of such messages.



Sec. 21.210  Operation during emergency.

    The licensee of any station in these services may, during a period 
of emergency in which normal communication facilities are disrupted as a 
result of hurricane, flood, earthquake, or similar disaster, utilize 
such station for emergency communication service in a manner other than 
that specified in the instrument of authorization: Provided, That (a) 
That as soon as possible after the beginning of such emergency use, 
notice be sent to the Commission at Washington, D.C. stating the nature 
of the emergency and the use to which the station is being put, and (b) 
that the emergency use of the station shall be discontinued as soon as 
substantially normal communication facilities are again available, and 
(c) that the

[[Page 56]]

Commission at Washington, D.C. shall be notified immediately when such 
special use of the station is terminated, and (d) that, in no event, 
shall any station engage in emergency transmission on frequencies other 
than, or with power in excess of, that specified in the instrument of 
authorization or as otherwise expressly provided by the Commission, or 
by law, and (e) that the Commission may, at any time, order the 
discontinuance of any such emergency communication.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]



Sec. 21.211  Suspension of transmission.

    Transmission shall be suspended immediately upon detection by the 
station or operator licensee or upon notification by the Commission of a 
deviation from the technical requirements of the station authorization 
and shall remain suspended until such deviation is corrected, except for 
transmission concerning the immediate safety of life or property, in 
which case transmission shall be suspended immediately after the 
emergency is terminated.



                        Subpart E--Miscellaneous



Sec. 21.300  [Reserved]



Sec. 21.301  National defense; free service.

    Any common carrier or Multipoint Distribution Service non-common 
carrier authorized under the rules of this part may render to any agency 
of the United States Government free service in connection with the 
preparation for the national defense. Every such carrier or Multipoint 
Distribution Service non-common carrier rendering any such free service 
shall make and file, in duplicate, with the Commission, on or before the 
31st of July and on or before the 31st day of January in each year, 
reports covering the periods of 6 months ending on the 30th of June and 
the 31st of December, respectively, next prior to said dates. These 
reports shall show the names of the agencies to which free service was 
rendered pursuant to this rule, the general character of the 
communications handled for each agency, and the charges in dollars which 
would have accrued to the carrier or Multipoint Distribution Service 
non-common carrier for such service rendered to each agency if charges 
for such communications had been collected at the published tariff 
rates.

[52 FR 27555, July 22, 1987]



Sec. 21.302  Answers to notices of violation.

    Any person receiving official notice of a violation of the terms of 
the Communications Act of 1934, as amended, any other Federal statute or 
Executive Order pertaining to radio or wire communications or any 
international radio or wire communications treaty or convention, or 
regulations annexed thereto to which the United States is a party, or 
the rules and regulations of the Federal Communications Commission, 
shall, within 10 days from such receipt, send a written answer to the 
office of the Commission originating the official notice. If an answer 
cannot be sent or an acknowledgment made within such 10-day period by 
reason of illness or other unavoidable circumstances, acknowledgment and 
answer shall be made at the earliest practicable date with a 
satisfactory explanation of the delay. The answer to each notice shall 
be complete in itself and shall not be abbreviated by reference to other 
communications or answers to other notices. If the notice relates to 
some violation that may be due to the physical or electrical 
characteristics of transmitting apparatus, the answer shall state fully 
what steps have been taken to prevent future violations, and, if any new 
apparatus is to be installed, the date such apparatus was ordered, the 
name of the manufacturer, and promised date of delivery. If the 
installation of such apparatus requires a construction permit, the file 
number of the application shall be given or, if a file number has not 
been assigned by the Commission, such identification as will permit 
ready reference thereto. If the notice of violation relates to 
inadequate maintenance resulting in improper operation of the 
transmitter, the name and license number of the operator performing the 
maintenance shall be given. If the notice of violation relates to some 
lack of attention to, or improper operation of, the transmitter by other 
employees, the reply shall set

[[Page 57]]

forth the steps taken to prevent a recurrence of such lack of attention 
or improper operation.



Sec. 21.303  Discontinuance, reduction or impairment of service.

    (a) If the public communication service provided by a station 
subject to this rule part is involuntarily discontinued, reduced or 
impaired for a period exceeding 48 hours, the station licensee shall 
promptly give notification thereof in writing to the Mass Media Bureau 
at Washington, DC 20554. In every such case, the licensee shall furnish 
full particulars as to the reasons for such discontinuance, reduction or 
impairment of service, including a statement as to when normal service 
is expected to be resumed. When normal service is resumed, prompt 
notification thereof shall be given in writing to the Mass Media Bureau 
at Washington, DC 20554.
    (b) No station licensee subject to title II of the Communications 
Act of 1934, as amended, shall voluntarily discontinue, reduce or impair 
public communication service to a community or part of a community 
without obtaining prior authorization from the Commission pursuant to 
the procedures set forth in part 63 of this chapter or complying with 
the requirements set forth at Sec. 21.910. In the event that permanent 
discontinuance of service is authorized by the Commission, the station 
licensee shall promptly send the station license for cancellation to the 
Mass Media Bureau at Washington, DC 20554, except that station licenses 
need not be surrendered for cancellation if the discontinuance is a 
result of a change of status by a Multipoint Distribution Service 
licensee from common carrier to non-common carrier pursuant to 
Sec. 21.910.
    (c) Any station licensee, not subject to title II of the 
Communications Act of 1934, as amended, who voluntarily discontinues, 
reduces or impairs public communication service to a community or a part 
of a community shall give written notification to the Commission within 
7 days thereof. In the event of permanent discontinuance of service, the 
station licensee shall promptly send the station license for 
cancellation to the Mass Media Bureau at Washington, DC 20554, except 
that Multipoint Distribution Service station licenses need not be 
surrendered for cancellation if the discontinuance is a result of a 
change of status by a Multipoint Distribution Service licensee from non-
common carrier to common carrier.
    (d) If any radio frequency should not be used to render any service 
as authorized during a consecutive period of twelve months at any time 
after construction is completed and a certification of completion of 
construction has been filed, under circumstances that do not fall within 
the provisions of paragraph (a), (b) or (c) of this section, or, if 
removal of equipment or facilities has rendered the station not 
operational, the licensee shall, within thirty days of the end of such 
period of nonuse:
    (1) Submit for cancellation the station license (or licenses) to the 
Commission at Washington, DC 20554.
    (2) File an application for modification of the license (or 
licenses) to delete the unused frequency (or frequencies); or
    (3) Request waiver of this rule and demonstrate either that the 
frequency will be used (as evidenced by appropriate requests for 
service, etc.) within six months of the end of the initial period of 
nonuse, or that the frequency will be converted to allow rendition of 
other authorized public services within one year of the end of the 
initial period of nonuse by the filing of appropriate applications 
within six months of the end of the period of nonuse.

If any frequency authorization is cancelled under this paragraph, the 
Commission will declare by public notice the frequency (or frequencies) 
vacated.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27555, July 22, 1987; 
52 FR 37784, Oct. 9, 1987; 58 FR 19774, Apr. 16, 1993; 61 FR 26676, May 
28, 1996]



Sec. 21.304  Tariffs, reports, and other material required to be submitted to the Commission.

    Sections 1.771 through 1.815 of this chapter contain summaries of 
certain materials and reports, including schedule of charges and 
accounting and financial reports, which, when applicable, must be filed 
with the Commission.

[[Page 58]]

These requirements likewise shall apply to licensees which alternate 
between rendering service on a common carrier and non-common carrier 
basis.

[63 FR 65102, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999]



Sec. 21.305  Reports required concerning amendments to charters and partnership agreements.

    Any amendments to charters, articles of incorporation or 
association, or partnership agreements shall promptly be filed at the 
Commission's main office in Washington, DC. Such filing shall be 
directed to the attention of the Chief, Common Carrier Bureau.



Sec. 21.306  Requirement that licensees respond to official communications.

    All licensees in these services are required to respond to official 
communications from the Commission with reasonable dispatch and 
according to the tenor of such communications. Failure to do so will be 
given appropriate consideration in connection with any subsequent 
applications which the offending party may file and may result in the 
designation of such applications for hearing, or in appropriate cases, 
the institution of proceedings looking to the modification or revocation 
of the pertinent authorizations.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]



Sec. 21.307  Equal employment opportunities.

    (a) General policy. Equal opportunities in employment must be 
afforded by all common carrier and Multipoint Distribution Service non-
common carrier licensees or conditional licensees to all qualified 
persons, and no personnel shall be discriminated against in employment 
because of sex, race, color, religion, or national origin.
    (b) Equal employment opportunity program. Each licensee or 
conditional licensee must establish, maintain, and carry out, a positive 
continuing program of specific practices designed to assure equal 
opportunity in every aspect of employment policy and practice. Under the 
terms of its program, a licensee or conditional licensee must:
    (1) Define the responsibility of each level of management to insure 
a positive application and vigorous enforcement of the policy of equal 
opportunity, and establish a procedure to review and control managerial 
and supervisory performance.
    (2) Inform its employees and recognized employee organizations of 
the positive equal employment opportunity policy and program and enlist 
their cooperation.
    (3) Communicate its equal employment opportunity policy and program 
and its employment needs to sources of qualified applicants without 
regard to sex, race, color, religion, or national origin, and solicit 
their recruitment assistance on a continuing basis.
    (4) Conduct a continuing campaign to exclude every form of prejudice 
or discrimination based upon sex, race, color, religion, or national 
origin, from the licensee's or conditional licensee's personnel policies 
and practices and working conditions.
    (5) Conduct a continuing review of job structure and employment 
practices and adopt positive recruitment, training, job design and other 
measures needed in order to insure genuine equality of opportunity to 
participate fully in all organizational units, occupations and levels of 
responsibility.
    (c) Additional information to be furnished to the Commission. (1) 
Equal Employment Programs to be filed by common carrier and Multipoint 
Distribution Service non-common carrier licensees and conditional 
licensees:
    (i) All licensees or conditional licensees must file a statement of 
their equal employment opportunity program not later than December 17, 
1970, indicating specific practices to be followed in order to assure 
equal employment opportunity on the basis of sex, race, color, religion, 
or national origin in such aspects of employment practices as regards 
recruitment, selection, training, placement, promotion, pay, working 
conditions, demotion, layoff and termination.
    (A) Any changes or amendments to existing programs should be filed 
with the Commission on April 1 of each year thereafter.
    (B) If a licensee or conditional licensee has fewer than 16 full-
time employees, no such statement need be filed.

[[Page 59]]

    (2) The program should reasonably address itself to such specific 
areas as set forth below, to the extent that they are appropriate in 
terms of licensee size, location, etc.
    (i) To assure nondiscrimination in recruiting. (A) Posting notices 
in the licensee's or conditional licensee's offices informing applicants 
for employment of their equal employment rights and their right to 
notify the Equal Employment Opportunity Commission, the Federal 
Communications Commission, or other appropriate agency. Where a 
substantial number of applicants are Spanish-surnamed Americans such 
notice should be posted in Spanish and English.
    (B) Placing a notice in bold type on the employment application 
informing prospective employees that discrimination because of sex, 
race, color, religion, or national origin is prohibited and that they 
may notify the Equal Employment Opportunity Commission, the Federal 
Communications Commission or other appropriate agency if they believe 
they have been discriminated against.
    (C) Placing employment advertisements in media which have 
significant circulation among minority-group people in the recruiting 
area.
    (D) Recruiting through schools and colleges with significant 
minority group enrollments.
    (E) Maintaining systematic contacts with minority and human 
relations organizations, leaders, and spoksmen to encourage referral of 
qualified minority or female applicants.
    (F) Encouraging present employees to refer minority or female 
applicants.
    (G) Making known to the appropriate recruitment sources in the 
employer's immediate area that qualified minority members are being 
sought for consideration whenever the licensee or conditional licensee 
hires.
    (ii) To assure nondiscrimination in selection and hiring. (A) 
Instructing personally those on the staff of the licensee or conditional 
licensee who make hiring decisions that all applicants for all jobs are 
to be considered without discrimination.
    (B) Where union agreements exist, cooperating with the union or 
unions in the development of programs to assure qualified minority 
persons or females of equal opportunity for employment, and including an 
effective nondiscrimination clause in new or renegotiated union 
agreements.
    (C) Avoiding use of selection techniques or tests which have the 
effect of discriminating against minority groups or females.
    (iii) To assure nondiscriminatory placement and promotions. (A) 
Instructing personally those of the licensee's or conditional licensee's 
staff who make decisions on placement and promotion that minority 
employees and females are to be considered without discrimination, and 
that job areas in which there is little or no minority or female 
representation should be reviewed to determine whether this results from 
discrimination.
    (B) Giving minority groups and female employees equal opportunity 
for positions which lead to higher positions. Inquiring as to the 
interest and skills of all lower-paid employees with respect to any of 
the higher-paid positions, followed by assistance, counseling, and 
effective measures to enable employees with interest and potential to 
qualify themselves for such positions.
    (C) Reviewing seniority practices to insure that such practices are 
nondiscriminatory and do not have a discriminatory effect.
    (D) Avoiding use of selection techniques or tests, which have the 
effect of discriminating against minority groups or females.
    (iv) To assure nondiscrimination in other areas of employment 
practices. (A) Examining rates of pay and fringe benefits for present 
employees with equivalent duties, and adjusting any inequities found.
    (B) Providing opportunity to perform overtime work on a basis that 
does not discriminate against qualified minority groups or female 
employees.
    (d) Report of complaints filed against licensees and conditional 
licensees. (1) All licensees or conditional licensees must submit an 
annual report to the FCC no later than May 31 of each year indicating 
whether any complaints regarding violations by the licensee or 
conditional licensee or equal employment

[[Page 60]]

provisions of Federal, State, Territorial, or local law have been filed 
before anybody having competent jurisdiction.
    (i) The report should state the parties involved, the date filing, 
the courts or agencies before which the matters have been heard, the 
appropriate file number (if any), and the respective disposition or 
current status of any such complaints.
    (ii) Any licensee or conditional licensee who has filed such 
information with the EEOC need not do so with the Commission, if such 
previous filing is indicated.
    (e) Complaints of violations of equal employment programs. (1) 
Complaints alleging employment discrimination against a common carrier 
or Multipoint Distribution Service non-common carrier licensee or 
conditional licensee will be considered by the Commission in the 
following manner:
    (i) If a complaint raising an issue of discrimination is received 
against a licensee or conditional licensee who is within the 
jurisdiction of the EEOC, it will be submitted to that agency. The 
Commission will maintain a liaison with that agency which will keep the 
Commission informed of the disposition of complaints filed against any 
of the common carrier or Multipoint Distribution Service non-common 
carrier licensees or conditional licensees.
    (ii) Complaints alleging employment discrimination against a common 
carrier or Multipoint Distribution Service non-common carrier licensee 
or conditional licensee who does not fall under the jurisdiction of the 
EEOC but is covered by appropriate enforceable State law, to which 
penalties apply, may be submitted by the Commission to the respective 
state agency.
    (iii) Complaints alleging employment discrimination against a common 
carrier or Multipoint Distribution Service non-common carrier licensee 
or conditional licensee who does not fall under the jurisdiction of the 
EEOC or an appropriate State law, will be accorded appropriate treatment 
by the FCC.
    (iv) The Commission will consult with the EEOC on all matters 
relating to the evaluation and determination of compliance with the 
common carrier and Multipoint Distribution Service non-common carrier 
licensees or conditional licensees with the principles of equal 
employment as set forth herein.
    (2) Complaints indicating a general pattern of disregard of equal 
employment practices which are received against a licensee or 
conditional licensee who is required to file an employment report to the 
Commission under Sec. 1.815(a) of this chapter, will be investigated by 
the Commission.
    (f) Records available to the public--(1) Commission records. A copy 
of every annual employment report, equal employment opportunity 
programs, and reports on complaints regarding violations of equal 
employment provisions of Federal, State, territorial, or local law, and 
copies of all exhibits, letters, and other documents filed as part 
thereof, all amendments thereto, all correspondence between the 
conditional licensee or licensee and the Commission pertaining to the 
reports after they have been filed and all documents incorporated 
therein by reference, are open for public inspection at the offices of 
the Commission.
    (2) Records to be maintained locally for public inspection by 
licensees or conditional licensees--(i) Records to be maintained. Each 
common carrier or Multipoint Distribution Service non-common carrier 
licensee or conditional licensee required to file annual employment 
reports, equal employment opportunity programs, and annual reports on 
complaints regarding violations of equal employment provisions of 
Federal, State, territorial, or local law must maintain, for public 
inspection, in the same manner and in the same locations as required for 
the keeping and posting of tariffs as set forth in Sec. 61.72 of this 
chapter, a file containing a copy of each such report and copies of all 
exhibits, letters, and other documents filed as part thereto, all 
correspondence between the conditional licensee or licensee and the 
Commission pertaining to the reports after they have been filed and all 
documents incorporated therein by reference.
    (ii) Period of retention. The documents specified in paragraph 
(f)(2)(i) of this section shall be maintained for a period of 2 years.

[[Page 61]]

    (g) Cross reference. Applicability of cable television EEO 
requirements to MDS and MMDS facilities, see Sec. 21.920.

[44 FR 60534, Oct. 19, 1979, as amended at 56 FR 57816, Nov. 14, 1991; 
58 FR 42249, Aug. 9, 1993]



                 Subpart F--Developmental Authorizations



Sec. 21.400  Eligibility.

    Developmental authorizations for stations in the radio services 
included in this part will be issued only to existing and proposed 
communication common carriers who are legally, financially and otherwise 
qualified to conduct experimentation utilizing hertzian waves for the 
development of engineering or operational data, or techniques, directly 
related to a proposed part 21 radio service or to a regularly 
established radio service regulated by the rules of this part.



Sec. 21.401  Scope of service.

    Developmental authorizations may be issued for:
    (a) Field strength surveys relative to or precedent to the filing of 
applications for licenses, in connection with the selection of suitable 
locations for stations proposed to be established in any of the 
regularly established radio services regulated by the rules of this 
part; or
    (b) The testing of existing or authorized antennas, wave guides, or 
transmission paths.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]



Sec. 21.402  Adherence to program of research and development.

    The program of research and development, as stated by an applicant 
in the application for license or stated in the instrument of station 
authorization, shall be substantially adhered to unless the licensee is 
otherwise authorized by the Commission.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]



Sec. 21.403  Special procedure for the development of a new service or for the use of frequencies not in accordance with the provisions of the rules in this 
          part.

    (a) An authorization for the development of a new common carrier 
service not in accordance with the provisions of the rules in this part 
may be granted for a limited time, but only after the Commission has 
made a preliminary determination with respect to the factors set forth 
in this paragraph, as each case may require. This procedure also applies 
to any application that involves use of a frequency which is not in 
accordance with the provisions of the rules in this part, although in 
accordance with the Table of Frequency Allocations contained in part 2 
of this chapter. (An application which involves use of a frequency which 
is not in accordance with the Table of Frequency Allocations in part 2 
of this chapter should be filed in accordance with the provisions of 
part 5 of this chapter, Experimental Radio Services (other than 
Broadcast).) The factors with respect to which the Commission will make 
a preliminary determination before acting on an application filed under 
this paragraph are as follows:
    (1) That the public interest, convenience or necessity warrants 
consideration of the establishment of the proposed service or the use of 
the proposed frequency;
    (2) That the proposed operation appears to warrant consideration to 
effect a change in the provisions of the rules in this part; and/or
    (3) That some operational data should be developed for consideration 
in any rule making proceeding which may be initiated.
    (b) Applications for stations which are intended to be used in the 
development of a proposed service shall be accompanied by a petition to 
amend the Commission's rules with respect to frequencies and such other 
items as may be necessary to provide for the regular establishment of 
the proposed service.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]

[[Page 62]]



Sec. 21.404  Terms of grant; general limitations.

    (a) Developmental authorizations normally shall be issued for one 
year, or such shorter term as the Commission may deem appropriate in any 
particular case, and shall be subject to cancellation without hearing by 
the Commission at any time upon notice to the licensee.
    (b) Where some phases of the developmental program are not covered 
by the general rules of the Commission or by the rules of this part, the 
Commission may specify supplemental or additional requirements or 
conditions in each case as it may deem necessary in the public interest, 
convenience or necessity.
    (c) Frequencies allocated to the service toward which such 
development is directed will be assigned for developmental operation on 
the basis that no interference will be caused to the regular services of 
stations operating in accordance with the Commission's Table of 
Frequency Allocations (Sec. 2.106 of this chapter).
    (d) The rendition of communication service for hire is not permitted 
under any developmental authorizations unless specifically authorized by 
the Commission.
    (e) The grant of a developmental authorization carries with it no 
assurance that the developmental program, if successful, will be 
authorized on a permanent basis either as to the service involved or the 
use of the frequencies assigned or any other frequencies.



Sec. 21.405  Supplementary showing required.

    (a) Authorizations for development of a proposed radio service in 
the services included in this part will be issued only upon a showing 
that the applicant has a definite program of research and development, 
the details of which shall be set forth, which has reasonable promise of 
substantial contribution to these services within the term of such 
authorization. A specific showing should be made as to the factors which 
qualify the applicant technically to conduct the research and 
development program, including a description of the nature and extent of 
engineering facilities that the applicant has available for such 
purposes.
    (b) Expiring developmental authorizations may be renewed only upon 
the applicant's compliance with the applicable requirements of 
Sec. 21.406 (a) and (b) relative to the authorization sought to be 
renewed and upon a factual showing that further progress in the program 
of research and development requires further radio transmission and that 
the public interest, convenience or necessity would be served by renewal 
of such authorization.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]



Sec. 21.406  Developmental report required.

    (a) Upon completion of the program of research and development, or, 
in any event, upon the expiration of the instrument of station 
authorization under which such investigations were permitted, or at such 
times during the term of the station authorization as the Commission may 
deem necessary to evaluate the progress of the developmental program, 
the licensee shall submit, in duplicate, a comprehensive report on the 
following items, in the order designated:
    (1) Report on the various phases of the project which were 
investigated.
    (2) Total number of hours of operation on each frequency assigned.
    (3) Copies of any publication on the project.
    (4) A listing of any patents applied for, including copies of any 
patents issued as a consequence of the activities carried forth under 
the authorization.
    (5) Detailed analysis of the result obtained.
    (6) Any other pertinent information.
    (b) In addition to the information required by paragraph (a) of this 
section, the developmental report of a station authorized for the 
development of a proposed radio service shall include comprehensive 
information on the following items:
    (1) Probable public support and methods of its determination.
    (2) Practicability of service operations.
    (3) Interference encountered.

[[Page 63]]

    (4) Pertinent information relative to merits of the proposed 
service.
    (5) Propagation characteristics of frequencies used, particularly 
with respect to the service objective.
    (6) Frequencies believed to be more suitable and reasons therefor.
    (7) Type of signals or communications employed in the experimental 
work.
    (c) Normally, developmental reports will be made a part of the 
Commission's public records. However, an applicant may request that the 
Commission withhold from the public certain reports and associated 
material relative to the accomplishments achieved under developmental 
authorization, and, if it appears that such information should be 
withheld, the Commission will so direct.

Subparts G--J [Reserved]



               Subpart K--Multipoint Distribution Service



Sec. 21.900  Eligibility.

    (a) Authorizations for stations in this service will be granted to 
existing and proposed communications common carriers and non-common 
carriers. An application will be granted only in cases where it can be 
shown that:
    (1) The applicant is legally, financially, technically, and 
otherwise qualified to render the proposed service; and
    (2) There are frequencies available to enable the applicant to 
render a satisfactory service; and
    (3) The public interest, convenience and necessity would be served 
by a grant thereof.
    (b) The applicant shall state whether service will be provided 
initially on a common carrier basis or on a non-common carrier basis. An 
applicant proposing to provide initially common carrier service shall 
state whether there is any affiliation or relationship to any intended 
or likely subscriber or program originator.

[63 FR 65102, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999, as amended at 64 
FR 63731, Nov. 22, 1999]

    Effective Date Note: At 63 FR 65103, Nov. 25, 1998, Sec. 21.900 was 
revised. Paragraph (a)(2) contains information and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 21.901  Frequencies.

    (a) Frequencies in the bands 2150-2162 MHz, 2596-2644 MHz, 2650-2656 
MHz, 2662-2668 MHz, 2674-2680 MHz and 2686-2690 MHz are available for 
assignment to fixed stations in this service. Frequencies in the band 
2150-2160 MHz are shared with nonbroadcast 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 MHz band are shared with Instructional Television Fixed Service 
stations licensed under part 74 of the Commission's Rules. Channels I5, 
I13, I6 and I14, listed in Sec. 74.939(j) of this chapter, are assigned 
to fixed stations in the 2596-2620 band, and are shared with 
Instructional Television Fixed Service Stations licensed under part 74 
of the Commission's Rules to operate in this band; grandfathered 
channels I21, I29, I22 and I30, listed in Sec. 74.939(j) of this 
chapter, are licensed under part 21 or part 74 of the Commission's 
Rules, as applicable.
    (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), or
    (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 Channels I5 
and I13 listed in Sec. 74.939(j) of this chapter,\1\ or
    (5) At 2602-2608 MHz, 2614-2620 MHz, 2626-2632 MHz and 2638-2644 MHz 
(designated as Channels F1, F2, F3 and F4, respectively, with the four 
channels to be designated the F-group channels), and Channels I6 and 
I14, listed in Sec. 74.939(j) of this chapter,\1\ or
    (6) At 2650-2656 MHz, 2662-2668 MHz and 2674-2680 MHz (designated as 
Channels H1, H2 and H3, respectively, with

[[Page 64]]

the three channels to be designated the H-group channels).\1\
---------------------------------------------------------------------------

    \1\ No 125 kHz channels are provided for Channels E3, E4, F3, F4, 
H1, H2 and H3, except for those grandfathered for Channels E3, E4, F3 
and F4. The 125 kHz channels associated with Channels E3, E4, F3, F4, 
H1, H2 and H3 are allocated to the Private Operational Fixed Point-to-
Point Microwave Service, pursuant to Sec. 101.147(g) of this chapter.
---------------------------------------------------------------------------

    (c) Channel 2 will be assigned only where there is evidence that no 
harmful interference will occur to any authorized point-to-point 
facility in the 2160-2162 MHz band. Channel 2 may be assigned only if 
the transmitting antenna of the station is to be located within 16.1 
kilometers (10 miles) of the coordinates of the following metropolitan 
areas:

------------------------------------------------------------------------
             Principal City                         Coordinates
------------------------------------------------------------------------
Akron, Ohio.............................  Lat. 41 deg.05'06" N., long.
                                           81 deg.31'06" W.
Albany-Schenectady-Troy, N.Y............  Lat. 42 deg.39'00" N., long.
                                           73 deg.45'24" W.
Anaheim-Santa Ana-Garden Grove, Calif...  Lat. 33 deg.46'30" N., long.
                                           117 deg.54'48" W.
Atlanta, Ga.............................  Lat. 33 deg.45'00" N., long.
                                           84 deg.23'12" W.
Baltimore, Md...........................  Lat. 39 deg.17'18" N., long.
                                           76 deg.37'00" W.
Birmingham, Ala.........................  Lat. 33 deg.30'42" N., long.
                                           86 deg.48'24" W.
Boston, Mass............................  Lat. 42 deg.21'42" N., long.
                                           71 deg.03'30" W.
Buffalo, N.Y............................  Lat. 42 deg.53'12" N., long.
                                           78 deg.52'30" W.
Chicago, Ill............................  Lat. 41 deg.53'00" N., long.
                                           87 deg.37'30" W.
Cincinnati, Ohio........................  Lat. 39 deg.06'00" N., long.
                                           84 deg.30'48" W.
Cleveland, Ohio.........................  Lat. 41 deg.29'48" N., long.
                                           81 deg.42'00" W.
Columbus, Ohio..........................  Lat. 39 deg.57'42" N., long.
                                           83 deg.00'06" W.
Dallas, Tex.............................  Lat. 32 deg.46'36" N., long.
                                           96 deg.48'42" W.
Dayton, Ohio............................  Lat. 39 deg.45'24" N., long.
                                           84 deg.11'42" W.
Denver, Colo............................  Lat. 39 deg.44'24" N., long.
                                           104 deg.59'18" W.
Detroit, Mich...........................  Lat. 42 deg.20'00" N., long.
                                           83 deg.03'00" W.
Fort Worth, Tex.........................  Lat. 32 deg.45'00" N., long.
                                           97 deg.17'42" W.
Gary, Ind...............................  Lat. 41 deg.36'00" N., long.
                                           87 deg.20'00" W.
Hartford, Conn..........................  Lat. 41 deg.46'00" N., long.
                                           72 deg.40'30" W.
Houston, Tex............................  Lat. 29 deg.45'48" N., long.
                                           95 deg.21'42" W.
Indianapolis, Ind.......................  Lat. 39 deg.46'12" N., long.
                                           86 deg.09'18" W.
Kansas City, Mo.........................  Lat. 39 deg.06'00" N., long.
                                           94 deg.34'42" W.
Los Angeles-Long Beach, Calif...........  Lat. 34 deg.03'18" N., long.
                                           118 deg.15'00" W.
Louisville, Ky..........................  Lat. 38 deg.14'48" N., long.
                                           85 deg.45'42" W.
Memphis, Tenn...........................  Lat. 35 deg.07'30" N., long.
                                           90 deg.03'24" W.
Miami, Fla..............................  Lat. 25 deg.46'30" N., long.
                                           80 deg.11'24" W.
Milwaukee, Wis..........................  Lat. 43 deg.02'18" N., long.
                                           87 deg.54'48" W.
Minneapolis-St. Paul, Minn..............  Lat. 44 deg.59'00" N., long.
                                           93 deg.15'48" W.
New Orleans, La.........................  Lat. 29 deg.57'48" N., long.
                                           90 deg.03'48" W.
New York City, N.Y.-Newark-Jersey City-   Lat. 40 deg.42'30" N., long.
 Paterson, N.J.                            74 deg.00'00" W.
Norfolk, Va.............................  Lat. 36 deg.50'42" N., long.
                                           76 deg.17'12" W.
Oklahoma City, Okla.....................  Lat. 35 deg.29'30" N., long.
                                           97 deg.30'12" W.
Philadelphia, Pa........................  Lat. 39 deg.57'00" N., long.
                                           75 deg.09'48" W.
Phoenix, Ariz...........................  Lat. 33 deg.27'18" N., long.
                                           112 deg.04'24" W.
Pittsburgh, Pa..........................  Lat. 40 deg.26'12" N., long.
                                           80 deg.00'30" W.
Portland, Oreg..........................  Lat. 45 deg.32'06" N., long.
                                           122 deg.37'12" W.
Providence, R.I.........................  Lat. 41 deg.49'00" N., long.
                                           71 deg.24'24" W.
Rochester, N.Y..........................  Lat. 43 deg.09'30" N., long.
                                           77 deg.36'30" W.
Sacramento, Calif.......................  Lat. 38 deg.35'06" N., long.
                                           121 deg.29'24" W.
San Antonio, Tex........................  Lat. 29 deg.25'24" N., long.
                                           98 deg.29'43" W.
San Bernardino-Riverside, Calif.........  Lat. 34 deg.06'30" N., long.
                                           117 deg.18'36" W.
San Diego, Calif........................  Lat. 32 deg.42'48" N., long.
                                           117 deg.09'12" W.
San Francisco-Oakland, Calif............  Lat. 37 deg.46'30" N., long.
                                           122 deg.25'00" W.
San Jose-Palo Alto-Sunnyvale, Calif.....  Lat. 37 deg.22'36" N., long.
                                           122 deg.02'00" W.
Seattle-Everett, Wash...................  Lat. 47 deg.35'48" N., long.
                                           122 deg.19'48" W.
St. Louis, Mo...........................  Lat. 38 deg.37'00" N., long.
                                           90 deg.11'36" W.
Syracuse, N.Y...........................  Lat. 43 deg.03'06" N., long.
                                           76 deg.09'00" W.
Tampa-St. Petersburg, Fla...............  Lat. 27 deg.57'06" N., long.
                                           82 deg.27'00" W.
Toledo, Ohio............................  Lat. 41 deg.38'48" N., long.
                                           83 deg.32'30" W.
Washington, D.C.........................  Lat. 38 deg.53'30" N., long.
                                           77 deg.02'00" W.
------------------------------------------------------------------------

    (d) An MDS licensee or conditional licensee may apply to exchange 
evenly one or more of its assigned channels with another MDS licensee or 
conditional licensee in the same system, or with an ITFS licensee or 
conditional licensee in the same system. The licensees or conditional 
licensees seeking to exchange channels shall file in tandem with the 
Commission separate pro forma assignment of license applications, each 
attaching an exhibit which clearly specifies that the application is 
filed pursuant to a channel exchange agreement. The exchanged channel(s) 
shall be regulated according to the requirements applicable to the 
assignee.
    (e) Frequencies in the band segments 18,580-18,820 MHz and 18,920-
19,160 MHz that were licensed or had applications pending before the 
Commission as of September 18, 1998 may continue those operations for 
point-to-point return links from a subscriber's location on a shared co-
primary basis with other services under parts 25, 74, 78 and 101 of this 
chapter until June 8, 2010. Prior to June 8, 2010, such stations are 
subject to relocation by licensees in the fixed-satellite service. Such 
relocation is subject to the provisions of Secs. 101.85 through 101.97 
of this chapter. After June 8, 2010, such operations are not entitled to 
protection from fixed-satellite service operations and must not cause 
unacceptable interference to fixed-satellite service station operations. 
No new licenses will be granted in these bands after June 8, 2000.
    (f) MDS H-channel applications. Frequencies in the bands 2650-2656 
MHz,

[[Page 65]]

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.
    (g) Frequencies in the bands 2150-2162 MHz, 2596-2644 MHz, 2650-2656 
MHz, 2662-2668 MHz and 2674-2680 MHz are available for point-to-
multipoint use and/or for communications between MDS response stations 
and response station hubs when authorized in accordance with the 
provisions of Sec. 21.909, provided that such frequencies may be 
employed for MDS response stations only when transmitting using digital 
modulation.

[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; 63 FR 65102, Nov. 25, 1998; 64 FR 
4054, Jan. 27, 1999; 64 FR 63731, Nov. 22, 1999; 65 FR 54169, Sept. 7, 
2000]



Sec. 21.902  Interference.

    (a) All applicants, conditional licensees, and licensees shall make 
exceptional efforts to avoid harmful interference to other users and to 
avoid blocking potential adjacent channel use in the same city and 
cochannel use in nearby cities. In areas where major cities are in close 
proximity, careful consideration should be given to minimum power 
requirements and to the location, height, and radiation pattern of the 
transmitting antenna. Licensees, conditional licensees, and applicants 
are expected to cooperate fully in attempting to resolve problems of 
potential interference before bringing the matter to the attention of 
the Commission.
    (b) As a condition for use of frequency in this service, each 
applicant, conditional licensee, and licensee is required to:
    (1) Not enter into any lease or contract or otherwise take any 
action that would unreasonably prohibit location of another station's 
transmitting antenna at any given site inside its own protected service 
area.
    (2) Cooperate fully and in good faith to resolve interference and 
transmission security problems.
    (3) Engineer the system to provide at least 45 dB of cochannel 
interference protection within the 56.33 km (35 mile) protected service 
area of any authorized or previously-proposed ITFS or incumbent MDS 
station, and at each previously-registered ITFS receive site registered 
as of September 17, 1998 (or the appropriate value for bandwidths other 
than 6 MHz.)
    (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 ITFS or incumbent 
MDS station, and at each previously-registered ITFS receive site 
registered as of September 17, 1998 (or the appropriate value for 
bandwidths other than 6 MHz.)
    (5)(i) Engineer the station to limit the calculated free space power 
flux density to -73 dBW/m \2\ (or the appropriate value for bandwidth 
other than 6 MHz) 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 \2\ 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.
    (7) Notwithstanding the above, main, booster and response stations 
shall use the following formulas, as applicable, for determining 
compliance with: (1) Radiated field contour limits where bandwidths 
other than 6 MHz are employed at stations utilizing digital emissions; 
and (2) Cochannel and adjacent channel D/U ratios where the bandwidths 
in use at the interfering

[[Page 66]]

and protected stations are unequal and both stations are utilizing 
digital modulation or one station is utilizing digital modulation and 
the other station is utilizing either 6 MHz NTSC analog modulation or 
125 kHz analog modulation (I channels only).
    (i) Contour limit: -73 dBW/m\2\ + 10 log(X/6) dBW/m\2\, where X is 
the bandwidth in MHz of the digital channel.
    (ii) Co-channel D/U: 45 dB + 10 log(X1/X2) dB, 
where X1 is the bandwidth in MHz of the protected channel and 
X2 is the bandwidth in MHz of the interfering channel.
    (iii) Adjacent channel D/U: 0 dB + 10 log(X1/
X2), dB where X1 is the bandwidth in MHz of the 
protected channel and X2 is the bandwidth in MHz of the 
interfering channel.
    (c) The following interference studies must be prepared:
    (1) An analysis of the potential for harmful interference within the 
56.33 km (35 mile) protected service areas of any authorized or 
previously proposed incumbent station:
    (i) If the coordinates of the applicant's proposed transmitter are 
within 160.94 km (100 miles) of the center coordinates of any authorized 
or previously proposed incumbent station with protected service area of 
56.33 km (35 miles) as specified in Sec. 21.902(d); or
    (ii) If the great circle path between the applicant's proposed 
transmitter and the protected service area of any authorized, or 
previously-proposed, cochannel or adjacent-channel station(s) is within 
241.4 kilometers or less and 90 percent or more of the path is over 
water or within 16.1 kilometers of the coast or shoreline of the 
Atlantic Ocean, the Pacific Ocean, the Gulf of Mexico, any of the Great 
Lakes, or any bay associated with any of the above (see Secs. 21.901(a) 
and 74.902 of this chapter);
    (2) Applicants may design interference studies in any manner that 
demonstrates the avoidance of harmful interference, as defined in this 
subpart.
    (i) In lieu of interference studies, applicants may submit in 
accordance with Sec. 21.938 a written statement of no objection to the 
operation of the MDS station.
    (ii) The Commission may direct applicants to submit interference 
studies of a specific nature.
    (3) Except for new stations proposed in applications filed after 
September 15, 1995, in the case of a proposal to operate a non-colocated 
station within the protected service area of an authorized, or 
previously proposed, adjacent channel station, an analysis that 
identifies the areas within the protected service areas of both the 
authorized or previously proposed adjacent channel station and the 
proposed station that cannot be protected as specified in 
Sec. 21.902(b)(4) and an explanation of why the proposed station cannot 
be colocated with the existing or previously proposed station.
    (4) In the case of a proposal for use of channel 2, an analysis of 
the potential for harmful interference with any authorized point-to-
point station located within 80.5 kilometers (50 miles) which utilizes 
the 2160-2162 MHz band; and
    (d)(1) Subject to the limitations contained in paragraph (e) of this 
section, each MDS station licensee shall be protected from harmful 
electrical interference, as determined by the theoretical calculations, 
within a protected service area of which the boundary will be 56.3255 
kilometers (35 miles) from the transmitter site.
    (2) As of September 15, 1995, the location of these protected 
service area boundaries shall become fixed. The center of the circular 
area shall be the geographic latitude and longitude of the transmitting 
antenna site specified in station authorizations or previously 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.

[[Page 67]]

    (f) In addressing potential harmful interference in this service, 
the following definitions, procedures and other criteria shall apply:
    (1) Cochannel 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 
calculation using a terrain sensitive signal propagation model 
determines that this ratio is less than 45 dB (or the appropriate value 
for bandwidths other than 6 MHz.)
    (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.
    (i) Harmful interference will be considered present when a 
calculation using a terrain sensitive model determines that this ratio 
is less than 0dB (or the appropriate value for bandwidths other than 6 
MHz.)
    (ii) In the alternative, harmful interference will be considered 
present for an ITFS station constructed before May 26, 1983, when a 
calculation using a terrain-sensitive propagation model determines that 
this ratio is less than 10 dB (or the appropriate value for bandwidths 
other than 6 MHz.) unless:
    (A) The individual receive site under consideration has been 
subsequently upgraded with up-to-date reception equipment, in which case 
the ratio shall be less than 0 dB. Absent information presented to the 
contrary, however, the Commission will assume that reception equipment 
installation occurred simultaneously with original station equipment; or
    (B) The license for an MDS station 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 the proffer of installation of such 
equipment; and there has been no 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 
or has not been proffered.
    (3) For purposes of this section all interference calculations 
involving receive antenna performance shall use the reference antenna 
characteristics shown in figure 1.

[[Page 68]]

[GRAPHIC] [TIFF OMITTED] TC01MR91.040

    (4) For purposes of this section, the received signal power level 
(RSL)dBW at the output of the FCC reference receiving antenna 
is obtained from the following formulas (or an equivalent adaptation):

(RSL)dBW=(EIRP)dBW-(LFS)dB+(G
    AR)dB
where the free space loss (LFS) is

[[Page 69]]

(LFS)dB=20 log (4d/)dB

in which the parameters are defined as follows:
(RSL)dBW is the received power in decibels referenced to one 
watt.
(EIRP)dBW is the equivalent isotropically radiated power in 
decibels above one watt.
d is the distance of the signal path in meters.
 is the wavelength of the signal in meters.
GAR is the dB gain of the reference receiving antenna above 
an isotropic antenna (obtained from Figure 1 of this section.)

    (5) A determination of signal path conditions shall use a 9.1 meters 
(30 feet) receiving antenna height, the transmitting antenna height, 
terrain elevation, and assume 4/3 earth radius propagation conditions.
    (6) An application will not be accepted for filing if cochannel or 
adjacent channel interference is predicted at the boundary of the 56.33 
km (35 mile) protected service area of an authorized or previously 
proposed incumbent station based on the following criteria:
    (i) Interference calculations shall be made only for directions 
where there is an unobstructed signal path from the site of a proposed 
station to the boundary of any protected area.
    (ii) Calculations of received power levels in units of dBW from the 
proposed station will be made at one degree intervals around the 
protected service area.
    (iii) The assumed value of the desired signal level at the boundary 
of an incumbent station shall be -83 dBW, which is the calculated 
received power in free space at a distance of 56.33 km (35 miles), given 
at EIRP of 2000 watts and a receiver antenna gain of 20 dBi.
    (iv) Harmful interference will be considered to occur at locations 
along the boundary wherever the ratio between the desired signal level 
of -83 dBw and the received power from a proposed cochannel or adjacent 
channel station is less than 45 dB or 0 dB for cochannel or adjacent 
channel proposals, respectively.
    (7) Alternatively, MDS applications will be accepted on the basis of 
an executed written interference agreement between potentially affected 
parties filed in accordance with Sec. 21.938.
    (g)(1) All interference studies prepared pursuant to paragraph (c) 
of this section must be served on all licensees, conditional licensees, 
and applicants for the stations required to be studied by this section. 
This service must include a copy of the FCC application and occur on or 
before the date the application is filed with the Commission.
    (2) MDS licensees, conditional licensees and applicants of 
facilities with 56.33 km (35 mile) protected service areas shall notify 
in writing the holders of authorizations for adjoining BTAs or PSAs of 
application filings for modified station licenses, provided the proposed 
facility would produce an unobstructed signal path to any location 
within the adjoining BTA or PSA. This service must include a copy of the 
FCC application and occur on or before the date the application is filed 
with the Commission.
    (h) For purposes of Sec. 21.31(a), an MDS application, except for 
those applications filed on or after September 15, 1995, filed for a 
facility that would cause harmful electrical interference within the 
protected service area of any authorized or previously proposed station 
will be presumed to be mutually exclusive with the application for such 
authorized or previously proposed station.
    (i)(1) For each application for a new station, or amendment thereto, 
proposing MDS facilities, filed on October 1, 1995, or thereafter, on or 
before the day the application or amendment is filed, the applicant must 
prepare an analysis demonstrating that operation of the MDS applicant's 
transmitter will not cause harmful electrical interference to each 
receive site registered as of September 17, 1998, nor within a protected 
service area as defined in paragraph (d)(1) of this section, of any 
cochannel or adjacent channel ITFS station licensed, with a conditional 
license, 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

[[Page 70]]

described in paragraph (i)(1) of this section is filed initially 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, conditional licensee, 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 with the Commission in Washington, DC, 
on or before the 30th day after the application or amendment described 
in paragraph (i)(1) of this section is filed initially 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 conditional licensee 
described in paragraph (i)(1) of this section;
    (iv) The address used for service to each ITFS licensee and 
conditional licensee described in paragraph (i)(1) of this section; and
    (v) A list of the date each ITFS licensee and conditional licensee 
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 
conditional licensee of a copy of the complete application or amendment, 
on or before such 30th day, together with a description of the 
applicant's efforts for receipt by each such licensee or conditional 
licensee 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 conditional licensee 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;
    (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

[[Page 71]]

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 conditional licensee; 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 conditional licensee 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 conditional 
licensee described in paragraph (i)(1) of this section has no objection 
to operation of the MDS station, if the ITFS licensee or conditional 
licensee fails to file a petition to deny by the deadline prescribed in 
paragraph (i)(6)(i) of this section.
    (j) If the initial application for facilities in the 2596-2644 
frequency band was filed on September 9, 1983, an applicant proposing to 
modify such facilities must include with its modification application:
    (1) An analysis demonstrating that the modification will not 
increase the size of the geographic area suffering harmful interference 
within the protected service area of existing or proposed co-channel or 
adjacent-channel facilities in the 2596-2644 MHz frequency band with a 
transmitter site within 80.5 km (50 miles) of the modifying station's 
transmitter site of the initial application for the interfered-with 
station was filed on September 9, 1983; and
    (2) An analysis demonstrating that the modification will not cause 
harmful interference to any new portion of the protected service area of 
existing or proposed co-channel or adjacent-channel facilities in the 
2596-2644 frequency band with a transmitter site within 80.5 km (50 
miles) of the modifying station's transmitter site, if the initial 
application for the interfered-with station was filed on September 9, 
1983.
    (k) If an initial application for facilities in the 2596-2644 
frequency band was filed on September 9, 1983, a licensee proposing to 
modify a constructed station may request exclusion from the interference 
analysis prescribed at Sec. 21.902(c) (1) and (2) with respect to 
another specified application for E or F channel facilities, if the 
modifying licensee files as part of its modification application a 
demonstration that:
    (1) The MDS application for which exclusion is requested was 
proposed by an initial application filed on September 9, 1983;
    (2) The MDS application for which exclusion is requested is not yet 
perfected by the submission of the information necessary for processing, 
as of the date of filing of the modification application; and
    (3) A copy of the licensee's modification application, including the 
demonstration specified in this paragraph, was served on the MDS 
applicant for which exclusion is requested, on or before the date of 
filing of the modification application.
    (l) Specific rules relating to response station hubs, booster 
stations, and 125 kHz channels are set forth in Secs. 21.909, 21.913, 
21.940, 74.939 of this chapter, 74.940 of this chapter and 74.985 of 
this chapter. To the extent those specific rules are inconsistent with 
any rules set forth above, those specific rules shall control.
    (m) The following information formats and storage media are to be 
used in connection with applications for new and modified MDS and ITFS 
stations:
    (1) The data file prepared for submission to the Commission's 
Reference Room pursuant to the requirements set out at paragraph 74 of 
Appendix D to the Report and Order in MM Docket 97-217, FCC 98-231, must 
be in ASCII format on either CD-ROMs or 3.5" diskettes. Any 
supplementary information submitted in connection with Appendix D may be 
in either ASCII or PDF format (graphics must be in PDF format) on either 
CD-ROMs or 3.5" diskettes. Applicants serving such data/information on 
other applicants and/or licensees should do so using the same format(s) 
and media as used in their submission to the Commission's Reference 
Room.
    (2) Demonstrations and certifications prepared for submission to the 
Commission's Reference Room may be in either hard copy or in ASCII or 
PDF format on CD-ROM's or 3.5" diskettes.

[[Page 72]]

(Graphics must be either hard copy or PDF format) Applicants serving 
such demonstrations and certifications on other applicants and/or 
licensees should do so using the same format(s) and media as used in 
their submission to the Commission's Reference Room.

[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; 63 FR 65102, Nov. 25, 1998; 64 FR 63731, Nov. 22, 1999; 65 FR 
46617, July 31, 2000]

    Effective Date Note: At 65 FR 46617, July 31, 2000, Sec. 21.902 was 
amended by adding paragraph (m). This paragraph contains information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.



Sec. 21.903  Purpose and permissible service.

    (a) Multipoint Distribution Service channels are available for 
transmissions from MDS stations and associated MDS signal booster 
stations to receive locations, and from MDS response stations to 
response station hubs. 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 also be authorized in the 18,580 through 
18,820 MHz and 18,920 through 19,160 MHz bands. Rules governing such 
operation are contained in subpart I of part 101 of this chapter, the 
Point-to-Point Microwave Radio Service.
    (b) Unless otherwise directed or conditioned in the applicable 
instrument of authorization, Multipoint Distribution Service stations 
may render any kind of communications service consistent with the 
Commission's rules on a common carrier or on a non-common carrier basis, 
Provided That:
    (1) Unless service is rendered on a non-common carrier basis, the 
common carrier controls the operation of all receiving facilities (e.g., 
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.
    (d) An MDS licensee also may alternate, without further 
authorization required, between rendering service on a common carrier 
and non-common carrier basis, provided that the licensee notifies the 
Commission of any service status changes at least 30 days in advance of 
such changes. The notification shall state whether there is any 
affiliation or relationship to any intended or likely subscriber or 
program originator.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27556, July 22, 1987; 
61 FR 26676, May 28, 1996; 63 FR 65103, Nov. 25, 1998; 64 FR 4054, Jan. 
27, 1999; 64 FR 63732, Nov. 22, 1999]



Sec. 21.904  EIRP limitations.

    (a) The maximum EIRP of a main or booster station shall not exceed 
33 dBW + 10log(X/6) dBW, where X is the actual bandwidth if other than 6 
MHz, except as provided in paragraph (b) of this section.

[[Page 73]]

    (b)(i) If a main or booster station sectorizes or otherwise uses one 
or more transmitting antennas with a non-omnidirectional horizontal 
plane radiation pattern, the maximum EIRP in a given direction shall be 
determined by the following formula:

EIRP = 33 dBW + 10 log(X/6) dBW + 10 log(360/beamwidth) dBW, where X is 
the channel width in MHz and 10 log(360/beamwidth)  6 dB.

    (ii) Beamwidth is the total horizontal plane beamwidth of the 
individual transmitting antenna for the station or any sector measured 
at the half-power points.
    (c) An increase in station EIRP, 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 increase 
would not cause harmful interference to any authorized or previously-
proposed, cochannel or adjacent channel station entitled to interference 
protection under the Commission's rules, or if an applicant demonstrates 
that:
    (1) A station that must be protected from interference could 
compensate for interference by increasing its EIRP; and
    (2) The interfered-with station may increase its own EIRP consistent 
with the rules and without causing harmful interference to any cochannel 
or adjacent channel main or booster station protected service area, 
response station hub or BTA/PSA, for which consent for the increased 
interference has not been obtained; and
    (3) The applicant requesting authorization of an EIRP increase 
agrees to pay all expenses associated with the increase in EIRP by 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 power of the transmitter. The Commission may order a reduction in 
aural signal power to diminish the potential for harmful interference.
    (e) For main, booster and response stations utilizing digital 
emissions with non-uniform power spectral density (e.g. unfiltered 
QPSK), the power measured within any 100 kHz resolution bandwidth within 
the 6 MHz channel occupied by the non-uniform emission cannot exceed the 
power permitted within any 100 kHz resolution bandwidth within the 6 MHz 
channel if it were occupied by an emission with uniform power spectral 
density, i.e., if the maximum permissible power of a station utilizing a 
perfectly uniform power spectral density across a 6 MHz channel were 
2000 watts EIRP, this would result in a maximum permissible power flux 
density for the station of 2000/60 = 33.3 watts EIRP per 100 kHz 
bandwidth. If a non-uniform emission were substituted at the station, 
station power would still be limited to a maximum of 33.3 watts EIRP 
within any 100 kHz segment of the 6 MHz channel, irrespective of the 
fact that this would result in a total 6 MHz channel power of less than 
2000 watts EIRP.

[64 FR 63732, Nov. 22, 1999]



Sec. 21.905  Emissions and bandwidth.

    (a) A station transmitting a television signal shall not exceed a 
bandwidth of 6 MHz (for both visual signal and accompanying aural 
signal), and will normally employ vestigial sideband, amplitude 
modulation (C3F) for the visual signal, and frequency modulation (F3E) 
or (G3E) for the accompanying aural signal.
    (b) Quadrature amplitude modulation (QAM), digital vestigial 
sideband modulation (VSB), quadrature phase shift key modulation (QPSK), 
code division multiple access (CDMA), and orthogonal frequency division 
multiplex (OFDM) emissions may be employed, subject to compliance with 
the policies set forth in the Declaratory Ruling and Order, 11 FCC Rcd 
18839 (1996). Use of OFDM also is subject to the subsequent Declaratory 
Ruling and Order, DA 99-554 (Mass Med. Bur. rel. Mar. 19, 1999). Other 
digital emissions may be added to those authorized above, including 
emissions with non-uniform power spectral density, if the applicant 
provides information in accordance with the guidelines and procedures 
set forth in the Declaratory Ruling and Order

[[Page 74]]

which clearly demonstrates the spectral occupancy and interference 
characteristics of the emission. The licensee may subchannelize its 
authorized bandwidth, provided that digital modulation is employed and 
the aggregate power does not exceed the authorized power for the 
channel, and may utilize all or a portion of its authorized bandwidth 
for MDS response stations authorized pursuant to Sec. 21.909 of this 
part. The licensee may also, jointly with affected adjacent channel 
licensees, transmit utilizing bandwidth in excess of its authorized 
frequencies, provided that digital modulation is employed, all power 
spectral density requirements set forth in this part are met and the 
out-of-band emissions restrictions set forth in Sec. 21.908 of this part 
are met at and beyond the edges of the channels employed. The wider 
channels thus created may be redivided to create narrower channels.
    (c) Any licensee of a station in the 2150-2162 MHz or 2596-2644 MHz, 
2650-2656 MHz, 2662-2668 MHz, or 2674-2680 MHz frequency bands, after 
notice and opportunity for hearing, may be required to use the frequency 
offset technique to avoid or to minimize harmful interference to another 
licensed station in the 2150-2162 MHz and 2596-2544 MHz, 2650-2656 MHz, 
2662-2668 MHz, and 2674-2680 MHz frequency bands or to make other 
changes as provided in Secs. 21.100, 21.107, 21.900, 21.901, 21.902, 
21.904, 21.905(a), 21.905(b), 21.906, 21.907, and 21.908 of this part.
    (d) Notwithstanding the above, any digital emission which complies 
with the out-of-band emission restrictions of Sec. 21.908 of this part 
may be used in the following circumstances:
    (1) At any MDS main or booster station transmitter which is located 
more than 160.94 km (100 miles) from the nearest boundary of all 
cochannel and adjacent channel ITFS and MDS protected service areas, 
including Basic Trading Areas and Partitioned Service Areas; and
    (2) At all MDS response station transmitters within a response 
service area if all points along the response service area boundary line 
are more than 160.94 km (100 miles) from the nearest boundary of all 
cochannel and adjacent channel ITFS and MDS protected service areas, 
including Basic Trading Areas and Partitioned Service Areas; and
    (3) At any MDS transmitter where all parties entitled by this part 
to interference protection from that transmitter have mutually consented 
to the use at that transmitter of such emissions.

[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; 63 FR 65104, 
Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999; 64 FR 63732, Nov. 22, 1999]



Sec. 21.906  Antennas.

    (a) Main and booster station 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. In lieu of an omnidirectional antenna, a station may 
employ an array of directional antennas in order to reuse spectrum 
efficiently. When an applicant proposes to employ a directional antenna, 
or a licensee notifies the Commission pursuant to Sec. 21.42 of the 
installation of a sectorized antenna system, the applicant shall provide 
the Commission with information regarding the orientation of the 
directional antenna(s), expressed in degree of azimuth, with respect to 
true north, and the make and model of such antenna(s).
    (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 other 
than response station hubs and response stations operating with an EIRP 
no greater than -6 dBW per 6 MHz channel and shall be elevated no higher 
than necessary to assure adequate service. Receiving antenna height 
shall not exceed

[[Page 75]]

the height criteria of Part 17 of this chapter, unless authorization for 
use of a specific maximum height (above ground and mean sea level) for 
each location has been obtained from the Commission prior to the 
erection of the antenna. (See part 17 of this chapter concerning 
construction, marking and lighting of antenna structures.) A response 
station operating with an EIRP no greater than -6 dBW per 6 MHz channel 
may use an omnidirectional receiving antenna. However, for the purpose 
of interference protection, such response stations will be treated as if 
utilizing a receive antenna meeting the requirements of the reference 
receiving antenna of Figure 1 of Sec. 21.902(f)(3).

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37786, Oct. 9, 1987; 58 
FR 44896, Aug. 25, 1993; 63 FR 65104, Nov. 25, 1998; 64 FR 4054, Jan. 
27, 1999; 64 FR 63733, Nov. 22, 1999; 65 FR 46617, July 31, 2000]



Sec. 21.907  [Reserved]



Sec. 21.908  Transmitting equipment.

    (a) Except as otherwise provided in this section, the requirements 
of paragraphs (a), (b), (c), (d), and (e) of Sec. 73.687 of this chapter 
shall apply to stations in this service transmitting standard television 
signals.

    Editorial Note: At 63 FR 65104, Nov. 25, 1999, paragraph (b) was 
redesignated as paragraph (a) and newly designated paragraph (a) was 
revised. However, paragraph (a) already exists. The text of the newly 
redesignated paragraph (a) follows:

    (a) The maximum out-of-band power of an MDS station transmitter or 
booster transmitting on a single 6 MHz channel with an EIRP in excess of 
-9 dBW employing analog modulation shall be attenuated at the channel 
edges by at least 38 dB relative to the peak visual carrier, then 
linearly sloping from that level to at least 60 dB of attenuation at 1 
MHz below the lower band edge and 0.5 MHz above the upper band edge, and 
attenuated at least 60 dB at all other frequencies. The maximum out-of-
band power of an MDS station transmitter or booster transmitting on a 
single 6 MHz channel or a portion thereof with an EIRP in excess of -9 
dBW (or, when subchannels are used, the appropriately adjusted value 
based upon the ratio of the channel-to-subchannel bandwidths) employing 
digital modulation shall be attenuated at the 6 MHz channel edges at 
least 25 dB relative to the licensed average 6 MHz channel power level, 
then attenuated along a linear slope to at least 40 dB at 250 kHz beyond 
the nearest channel edge, then attenuated along a linear slope from that 
level to at least 60 dB at 3 MHz above the upper and below the lower 
licensed channel edges, and attenuated at least 60 dB at all other 
frequencies. Notwithstanding the foregoing, in situations where an MDS 
station or booster station transmits, or where adjacent channel 
licensees jointly transmit, a single signal over more than one 
contiguous 6 MHz channel utilizing digital modulation with an EIRP in 
excess of -9 dBW (or, when subchannels or superchannels are used, the 
appropriately adjusted value based upon the ratio of 6 MHz to the 
subchannel or superchannel bandwidth), the maximum out-of-band power 
shall be attenuated at the channel edges of those combined channels at 
least 25 dB relative to the power level of each channel, then attenuated 
along a linear slope from that level to at least 40 dB at 250 kHz above 
or below the channel edges of those combined channels, then attenuated 
along a linear slope from that level to at least 60 dB at 3 MHz above 
the upper and below the lower edges of those combined channels, and 
attenuated at least 60 dB at all other frequencies. 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.
    (b) A booster transmitting on multiple contiguous or non-contiguous 
channels carrying separate signals (a ``broadband'' booster) with an 
EIRP in excess of -9 dBW per 6 MHz channel and employing analog, digital 
or a

[[Page 76]]

combination of these modulations shall have the following 
characteristics:
    (1) For broadband boosters operating in the frequency range of 
2.150-2.160/2 GHz, the maximum out-of-band power shall be attenuated at 
the upper and lower channel edges forming the band edges by at least 25 
dB relative to the licensed analog peak visual carrier or digital 
average power level (or, when subchannels are used, the appropriately 
adjusted value based on upon the ratio of the channel-to-subchannel 
bandwidths), then linearly sloping from that level to at least 40 dB of 
attenuation at 0.25 MHz above and below the band edges, then linearly 
sloping from that level to at least 60 dB of attenuation at 3.0 MHz 
above and below the band edges, and attenuated at least 60 dB at all 
other frequencies.
    (2) For broadband boosters operating in the frequency range of 
2.500-2.690 GHz, the maximum out-of-band power shall be attenuated at 
the upper and lower channel edges forming the band edges by at least 25 
dB relative to the licensed analog peak visual carrier or digital 
average power level (or, when subchannels are used, the appropriately 
adjusted value based on upon the ratio of the channel-to-subchannel 
bandwidths), then linearly sloping from that level to at least 40 dB of 
attenuation at 0.25 MHz above and below the band edges, then linearly 
sloping from that level to at least 50 dB of attenuation at 3.0 MHz 
above and below the band edges, then linearly sloping from that level to 
at least 60 dB of attenuation at 20 MHz above and below the band edges, 
and attenuated at least 60 dB at all other frequencies.
    (3) Within unoccupied channels in the frequency range of 2.500-2.690 
GHz, the maximum out-of-band power shall be attenuated at the upper and 
lower channel edges of an unoccupied channel by at least 25 dB relative 
to the licensed analog peak visual carrier power level or digital 
average power level of the occupied channels (or, when subchannels or 
125 kHz channels are used, the appropriately adjusted value based upon 
the ratio of the channel-to-subchannel bandwidths), then linearly 
sloping from that level to at least 40 dB of attenuation at 0.25 MHz 
above and below the occupied channel edges, then linearly sloping from 
that level to at least 50 dB of attenuation at 3.0 MHz above and below 
the occupied channel edges, and attenuated at least 50 dB at all other 
unoccupied frequencies.
    (c) Boosters operating with an EIRP less than -9 dBW per 6 MHz 
channel shall have no particular out-of-band power attenuation 
requirement, except that if they cause harmful interference, their 
operation shall be terminated within 2 hours of notification by the 
Commission until the interference can be cured.
    (d) The maximum out-of-band power of an MDS response station using 
all or part of a 6 MHz channel, employing digital modulation and 
transmitting with an EIRP greater than -6 dBW per 6 MHz channel shall be 
attenuated (as measured in accordance with paragraph (e) of this 
section) at the 6 MHz channel edges at least 25 dB relative to the 
average 6 MHz channel power level, then attenuated along a linear slope 
to at least 40 dB at 250 kHz beyond the nearest channel edge, then 
attenuated along a linear slope from that level to at least 60 dB at 3 
MHz above the upper and below the lower licensed channel edges, and 
attenuated at least 60 dB at all other frequencies. The maximum out-of-
band power of an MDS response station using all or part of a 6 MHz 
channel, employing digital modulation and transmitting with an EIRP no 
greater than -6 dBW per 6 MHz channel shall be attenuated (as measured 
in accordance with paragraph (e) of this section) at the channel edges 
at least 25 dB relative to the average 6 MHz channel transmitter output 
power level (P), then attenuated along a linear slope to at least 40 dB 
or 33+10log(P) dB, whichever is the lesser attenuation, at 250 kHz 
beyond the nearest channel edge, then attenuated along a linear slope 
from that level to at least 60 dB or 43+10log(P) dB, whichever is the 
lesser attenuation, at 3 MHz above the upper and below the lower 
licensed channel edges, and attenuated at least 60 dB or 43+10log(P) dB, 
whichever is the lesser attenuation, at all other frequencies. Where MDS 
response stations with digital modulation utilize all or part of more 
than one contiguous 6 MHz channel to form a larger channel (e.g., a

[[Page 77]]

channel of width 12 MHz), the above-specified attenuations shall be 
applied only at the upper and lower edges of the overall combined 
channel. Notwithstanding these provisions, should harmful interference 
occur as a result of emissions outside the assigned channel(s), 
additional attenuation may be required by the Commission.
    (e) In measuring compliance with the out-of-band emissions 
limitations, the licensee shall employ one of two methods in each 
instance: (1) absolute power measurement of the average signal power 
with one instrument, with measurement of the spectral attenuation on a 
separate instrument; or (2) relative measurement of both the average 
power and the spectral attenuation on a single instrument. The formula 
for absolute power measurements is to be used when the average signal 
power is found using a separate instrument, such as a power meter; the 
formula gives the amount by which the measured power value is to be 
attenuated to find the absolute power value to be used on the spectrum 
analyzer or equivalent instrument at the spectral point of concern. The 
formula for relative power measurements is to be used when the average 
signal power is found using the same instrument as used to measure the 
attenuation at the specified spectral points, and allows different 
resolution bandwidths to be applied to the two parts of the measurement; 
the formula gives the required amplitude separation (in dB) between the 
flat top of the (digital) signal and the point of concern.
    For absolute power measurements:

Attenuation in dB (below channel power) = A + 10log 
    (CBW / RBw)

    For relative power measurements:

Attenuation in dB (below flat top) = A + 10log 
    (RBW1 / RBW2)

Where:

A = Attenuation specified for spectral point (e.g., 25, 35, 40, 60 dB)
CBW = Channel bandwidth (for absolute power measurements)
RBW = Resolution bandwidth (for absolute power measurements)
RBW1 = Resolution bandwidth for flat top measurement 
(relative)
RBW2 = Resolution bandwidth for spectral point measurement 
(relative)

[55 FR 46011, Oct. 31, 1990, as amended at 56 FR 57818, Nov. 14, 1991; 
63 FR 65105, Nov. 25, 1998; 65 FR 46617, July 31, 2000]



Sec. 21.909  MDS response stations.

    (a) An MDS response station is authorized to provide communication 
by voice, video and/or data signals with its associated MDS response 
station hub or MDS station. An MDS response station may be operated only 
by the licensee of an MDS station, by any lessee of the MDS station or 
response station hub, or by a subscriber of either. The authorized 
channel may be divided to provide distinct subchannels for each of more 
than one response station, provided that digital modulation is employed 
and the aggregate power does not exceed the authorized power for the 
channel. An MDS response station may also, jointly with other licensees, 
transmit utilizing bandwidth in excess of that authorized to the 
station, provided that digital modulation is employed, all power 
spectral density requirements set forth in this part are met, and the 
out-of-band emissions restrictions set forth in Sec. 21.908(b) or 
paragraph (j) of this section are complied with. When a 125 kHz channel 
is employed, the specific channel which may be used by the response 
station is determined in accordance with Secs. 21.901 and 74.939(j) of 
this chapter.
    (b) MDS response stations that utilize the 2150-2162 MHz band, the 
2500-2686 MHz band, and/or the 125 kHz channels may be installed and 
operated without an individual license, to communicate with a response 
station hub, provided that the conditions set forth in paragraph (g) of 
this section are met and that the MDS response stations' technical 
parameters are consistent with all applicable rules in this part and 
with the terms and conditions set out in the Commission's Declaratory 
Ruling and Order, 11 FCC Rcd 18839 (1996).
    (c) An applicant for a response station hub license, or for 
modification thereto where not subject to Sec. 21.41 or Sec. 21.42, 
shall:
    (1) File FCC Form 331 with Mellon Bank, and certify on that form 
that it has complied with the requirements of

[[Page 78]]

paragraphs (c)(2) and (d) of this section and that the interference data 
submitted under paragraph (d) of this section is complete and accurate. 
Failure to certify compliance and to comply completely with the 
requirements of paragraphs (c)(2) and (d) of this section shall result 
in dismissal of the application or revocation of the response station 
hub license, and may result in imposition of a monetary forfeiture; and
    (2) Submit the following (see Sec. 21.902(m) for permissible formats 
and media) to the Commission's Reference Room:
    (i) The data files required by Appendix D to the Report and Order in 
MM Docket 97-217, FCC 98-231, ``Methods For Predicting Interference From 
Response Station Transmitters And To Response Station Hubs And For 
Supplying Data on Response Station Systems''; and
    (ii) The demonstrations and certifications required by paragraph (d) 
of this section.
    (d) An applicant for a response station hub license shall prepare 
the following:
    (1) A demonstration describing the system channel plan, to the 
extent that such information is not contained in the data file required 
in (c)(2)(i) of this section; and
    (2) A demonstration that:
    (i) The proposed response station hub is within a protected service 
area, as defined in Sec. 21.902(d) or Sec. 21.933, to which the 
applicant is entitled either:
    (A) By virtue of its being the licensee of an incumbent MDS station 
whose channels are being converted for MDS response station use; or
    (B) By virtue of its holding a Basic Trading Area or Partitioned 
Service Area authorization. In the case of an application for response 
stations to utilize one or more of the 125 kHz response channels, such 
demonstration shall establish that the response station hub is within 
the protected service area of the station authorized to utilize the 
associated E-Group or F-Group channel(s); and
    (ii) The entire proposed response service area is within a protected 
service area to which the applicant is entitled either (A) by virtue of 
its being the licensee of an incumbent MDS station whose channels are 
being converted for MDS response station use; or (B) by virtue of its 
holding a Basic Trading Area or Partitioned Service Area authorization. 
In the alternative, the applicant may demonstrate that the licensee 
entitled to any cochannel protected service area which is overlapped by 
the proposed response service area has consented to such overlap. In the 
case of an application for response stations to utilize one or more of 
the 125 kHz response channels, such demonstration shall establish that 
the response service area is entirely within the protected service area 
of the station authorized to utilize the associated E-Group or F-Group 
channel(s), or, in the alternative, that the licensee entitled to any 
cochannel protected service area which is overlapped by the proposed 
response service area has consented to such overlap; and
    (iii) The combined signals of all simultaneously operating MDS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hubs, and all 
cochannel MDS stations and booster stations licensed to or applied for 
by the applicant will not generate a power flux density in excess of -73 
dBW/m2 (or the appropriately adjusted value based on the 
actual bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(i)) 
outside the boundaries of the applicant's protected service area, as 
measured at locations for which there is an unobstructed signal path, 
except to the extent that consent of affected licensees has been 
obtained or consents have been granted pursuant to paragraph (d)(3)(ii) 
of this section to an extension of the response service area beyond the 
boundaries of the protected service area; and
    (iv) The combined signals of all simultaneously operating MDS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hubs, and all 
cochannel MDS stations and booster stations licensed to or applied for 
by the applicant, will result in a desired to undesired signal ratio of 
at least 45 dB (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(ii)):

[[Page 79]]

    (A) within the protected service area of any authorized or 
previously-proposed cochannel MDS or ITFS station with a 56.33 km (35 
mile) protected service area with center coordinates located within 
160.94 km (100 miles) of the proposed response station hub; and
    (B) within the booster service area of any cochannel booster station 
entitled to such protection pursuant to Secs. 21.913(f) or 74.985(f) of 
this chapter and located within 160.94 km (100 miles) of the proposed 
response station hub; and
    (C) at any registered receive site of any authorized or previously-
proposed cochannel ITFS station or booster station located within 160.94 
km (100 miles) of the proposed response station hub, or, in the 
alternative, that the licensee of or applicant for such cochannel 
station or hub consents to the application; and
    (v) The combined signals of all simultaneously operating MDS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hubs, and all 
cochannel MDS stations and booster stations licensed to or applied for 
by the applicant, will result in a desired to undesired signal ratio of 
at least 0 dB (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(iii)):
    (A) within the protected service area of any authorized or 
previously-proposed adjacent channel MDS or ITFS station with a 56.33 km 
(35 mile) protected service area with center coordinates located within 
160.94 km (100 miles) of the proposed response station hub; and
    (B) within the booster service area of any adjacent channel booster 
station entitled to such protection pursuant to Secs. 21.913(f) or 
74.985(f) of this chapter and located within 160.94 km (100 miles) of 
the proposed response station hub; and
    (C) at any registered receive site of any authorized or previously-
proposed adjacent channel ITFS station or booster station located within 
160.94 km (100 miles) of the proposed response station hub, or, in the 
alternative, that the licensee of or applicant for such adjacent channel 
station or hub consents to the application; and
    (vi) The combined signals of all simultaneously operating MDS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hub and all cochannel 
MDS stations and booster stations licensed to or applied for by the 
applicant will comply with the requirements of paragraph (i) of this 
section and Sec. 74.939(i) of this chapter.
    (3) A certification that the application has been served upon
    (i) the holder of any cochannel or adjacent channel authorization 
with a protected service area which is overlapped by the proposed 
response service area;
    (ii) the holder of any cochannel or adjacent channel authorization 
with a protected service area that adjoins the applicant's protected 
service area;
    (iii) the holder of a cochannel or adjacent channel authorization 
for any BTA or PSA inside whose boundaries are locations for which there 
is an unobstructed signal path for combined signals from within the 
response station hub applicant's protected service area; and
    (iv) every licensee of, or applicant for, any cochannel or adjacent 
channel, authorized or previously-proposed, incumbent MDS station with a 
56.33 km (35 mile) protected service area with center coordinates 
located within 160.94 km (100 miles) of the proposed response station 
hub;
    (v) every licensee of, or applicant for, any cochannel or adjacent 
channel, authorized or previously-proposed ITFS station (including any 
booster station or response station hub) located within 160.94 km (100 
miles) of the proposed response station hub; and
    (vi) every licensee of any non-cochannel or non-adjacent channel 
ITFS station (including any booster station) with one or more registered 
receive sites in, or within 1960 feet of the proposed response station 
service area.
    (e) Except as set forth in Sec. 21.27(d), applications for response 
station hub licenses may be filed at any time. Notwithstanding any other 
provision of part 21 (including Sec. 21.31), applications for response 
station hub licenses meeting the requirements of paragraph (c)

[[Page 80]]

of this section shall cut-off applications that are filed on a 
subsequent day for facilities that would cause harmful electromagnetic 
interference to the proposed response station hubs. A response station 
hub shall not be entitled to protection from interference caused by 
facilities proposed on or prior to the day the application for the 
response station hub license is filed. Response stations shall not be 
required to protect from interference facilities proposed on or after 
the day the application for the response station hub license is filed.
    (f) Notwithstanding the provisions of Sec. 21.30(b)(4) and except as 
set forth in Sec. 21.27(d), any petition to deny an application for a 
response station hub license shall be filed no later than the sixtieth 
(60th) day after the date of public notice announcing the filing of such 
application or major amendment thereto. Notwithstanding Sec. 21.31 and 
except as provided in Sec. 21.27(d), an application for a response 
station hub license that meets the requirements of this section shall be 
granted on the sixty-first (61st) day after the Commission shall have 
given public notice of the acceptance for filing of it, or of a major 
amendment to it if such major amendment has been filed, unless prior to 
such date either a party in interest timely files a formal petition to 
deny or for other relief pursuant to Sec. 21.30(a), or the Commission 
notifies the applicant that its application will not be granted. Where 
an application is granted pursuant to the provisions of this paragraph, 
the conditional licensee or licensee shall maintain a copy of the 
application at the response station hub until such time as the 
Commission issues a response station hub license.
    (g) An MDS response station hub license shall be conditioned upon 
compliance with the following:
    (1) No MDS response station shall be located beyond the response 
service area of the response station hub with which it communicates; and
    (2) No MDS response station shall operate with a transmitter output 
power in excess of 2 watts; and
    (3) No response station shall operate with an EIRP in excess of that 
specified in the application for the response station hub for the 
particular regional class of characteristics with which the response 
station is associated, and such response station shall not operate with 
an EIRP in excess of 33 dBW + 10log(X/6) dBW, where X is the channel 
width in MHz, and
    (4) Each response station shall employ a transmission antenna 
oriented towards the response station hub with which the response 
station communicates and such antenna shall be no less directive than 
the worst-case outer envelope pattern specified in the application for 
the response station hub for the regional class of characteristics with 
which the response station is associated; and
    (5) The combined out-of-band emissions of all response stations 
using all or part of one or multiple contiguous 6 MHz channels and 
employing digital modulation shall comply with Sec. 21.908(d). The 
combined out-of-band emissions of all response stations using all or 
part of one or multiple contiguous 125 kHz channels shall comply with 
paragraph (j) of this section. However, should harmful interference 
occur as a result of emissions outside the assigned channel, additional 
attenuation may be required; and
    (6) The response stations transmitting simultaneously at any given 
time within any given region of the response service area utilized for 
purposes of analyzing the potential for interference by response 
stations shall conform to the numerical limits for each class of 
response station proposed in the application for the response station 
hub license. Notwithstanding the foregoing, where a response station hub 
licensee subchannelizes pursuant to Sec. 21.909(a) and limits the 
maximum EIRP emitted by any individual response station proportionately 
to the fraction of the channel that the response station occupies, the 
licensee may operate simultaneously on each subchannel the number of 
response stations specified in the license. Moreover, the licensee of a 
response station hub may alter the number of response stations of any 
class operated simultaneously in a given region, without prior 
Commission authorization, provided that the licensee:
    (i) Files with the Commission (see Sec. 21.902(m) for permissible 
format(s) and

[[Page 81]]

media) a demonstration indicating the number of response stations of 
such class(es) to be operated simultaneously in such region and a 
certification that it has complied with the requirements of paragraphs 
(g)(6)(ii) and (iii) of this section and that the interference data 
submitted pursuant to paragraph (g)(6)(ii) is complete and accurate; and
    (ii) Provides the Commission's Reference Room (see Sec. 21.902(m) 
for permissible formats and media) with an update of the previously-
filed response station data and with a demonstration that such 
alteration will not result in any increase in interference to the 
protected service area or protected receive sites of any existing or 
previously-proposed, cochannel or adjacent channel MDS or ITFS station 
or booster station, to the protected service area of any MDS Basic 
Trading Area or Partitioned Service Area licensee entitled to protection 
pursuant to paragraph (d)(3) of this section, or to any existing or 
previously-proposed, cochannel or adjacent channel response station hub, 
or response station under Sec. 21.949 or Sec. 74.949 of this chapter; or 
that the applicant for or licensee of such facility has consented to 
such interference; and
    (iii) Serves a copy of such demonstration and certification upon 
each party entitled to be served pursuant to paragraph (d)(3) of this 
section; and
    (7) Where an application is granted under this section, if a 
facility operated pursuant to that grant causes harmful, unauthorized 
interference to any cochannel or adjacent channel facility, it must 
promptly remedy the interference or immediately cease operations of the 
interfering facility, regardless of whether any petitions to deny or for 
other relief were filed against the application during the application 
process. The burden of proving that a facility operated under this 
section is not causing harmful, unauthorized interference lies on the 
licensee of the alleged interfering facility, following the filing of a 
documented complaint of interference by an affected party; and
    (8) In the event any MDS or ITFS receive site suffers interference 
due to block downconverter overload, the licensee of each non-co/
adjacent response station hub with a response service area within five 
miles of such receive site shall cooperate in good faith to 
expeditiously identify the source of the interference. Each licensee of 
a response station hub with an associated response station contributing 
to such interference shall bear the joint and several obligation to 
promptly remedy all block downconverter overload interference at any 
ITFS registered receive site or at any receive site within an MDS or 
ITFS protected service area applied for prior to the submission of the 
application for the response station hub license, regardless of whether 
the receive site suffering the interference was constructed prior to or 
after the construction of the response station(s) causing the 
downconverter overload; provided, however, that the licensee of the 
registered ITFS receive site or the MDS or ITFS protected service area 
must cooperate fully and in good faith with efforts by the response 
station hub licensee to prevent interference before constructing 
response stations and/or to remedy interference that may occur. In the 
event that the associated response station(s) of more than one response 
station hub licensee contribute(s) to block downconverter interference 
at an MDS or ITFS receive site, such hub licensees shall cooperate in 
good faith to remedy promptly the interference.
    (h) Applicants must comply with Part 17 of this chapter concerning 
notification to the Federal Aviation Administration of proposed antenna 
construction or alteration for all hub stations and associated response 
stations.
    (i) Response station hubs shall be protected from cochannel and 
adjacent channel interference in accordance with the following criteria:
    (1) An applicant for any new or modified MDS or ITFS station 
(including any high-power booster station or response station hub) shall 
be required to demonstrate interference protection to a response station 
hub within 160.94 km (100 miles) of the proposed facilities. In lieu of 
the interference protection requirements set forth in Secs. 21.902(b)(3) 
through (b)(5), 21.938(b)(1) and (2) and (c), and 74.903 of this 
chapter, such demonstration shall establish that the proposed facility 
will not increase the

[[Page 82]]

effective power flux density of the undesired signals generated by the 
proposed facility and any associated main stations, booster stations or 
response stations at the response station hub antenna for any sector. In 
lieu of the foregoing, an applicant for a new MDS or ITFS main station 
license or for a new or modified response station hub or booster license 
may demonstrate that the facility will not increase the noise floor at a 
reception antenna of the response station hub by more than 1 dB for 
cochannel signals and 45 dB for adjacent channel signals, provided that:
    (i) The entity submitting the application may only invoke this 
alternative once per response station hub reception sector; or
    (ii) The licensee of the affected response station hub may consent 
to receive a certain amount of interference at its hub.
    (2) Commencing upon the filing of an application for an MDS response 
station hub license and until such time as the application is dismissed 
or denied or, if the application is granted, a certification of 
completion of construction is filed, the MDS station whose channels are 
being utilized shall be entitled both to interference protection 
pursuant to Secs. 21.902(b)(3) through (b)(5), 21.938(b)(1) and (2) and 
(c), and 74.903 of this chapter, and to protection of the response 
station hub pursuant to the preceding paragraph. Unless the application 
for the response station hub license specifies that the same frequencies 
also will be employed for digital and/or analog point-to-multipoint 
transmissions by MDS stations and/or MDS booster stations, upon the 
filing of a certification of completion of construction of an MDS 
response station hub where the channels of an MDS station are being 
utilized as response station transmit frequencies, the MDS station whose 
channels are being utilized for response station transmissions shall no 
longer be entitled to interference protection pursuant to 
Secs. 21.902(b)(3) through (b)(5), 21.938(b)(1) and (2) and (c), and 
74.903 of this chapter within the response service area with regard to 
any portion of any 6 MHz channel employed solely for response station 
communications. Upon the certification of completion of construction of 
an MDS response station hub where the channels of an MDS station are 
being utilized for response station transmissions and the application 
for the response station hub license specifies that the same frequencies 
will be employed for point-to-multipoint transmissions, the MDS station 
whose channels are being utilized shall be entitled both to interference 
protection pursuant to Secs. 21.902(b)(3) through (b)(5), 21.938(b)(1) 
and (2) and (c), and 74.903 of this chapter, and to protection of the 
response station hub pursuant to the preceding provisions of this 
paragraph.
    (j) 125 kHz wide response channels shall be subject to the following 
requirements: The 125 kHz wide channel shall be centered at the assigned 
frequency. If amplitude modulation is used, the carrier shall not be 
modulated in excess of 100%. If frequency modulation is used, the 
deviation shall not exceed 25 kHz. Any emissions outside the 
channel shall be attenuated at the channel edges at least 35 dB below 
peak output power when analog modulation is employed or 35 dB below 
licensed average output power when digital modulation is employed (or, 
when subchannels are used, the appropriately adjusted value based upon 
the ratio of the channel-to-subchannel bandwidths). Any emissions more 
than 125 kHz from either channel edge, including harmonics, shall be 
attenuated at least 60 dB below peak output power when analog modulation 
is employed, or at least 60 dB below licensed average output power when 
digital modulation is employed (or, when subchannels are used, the 
appropriately adjusted value based upon the ratio of the channel-to-
subchannel bandwidths). Notwithstanding the foregoing, in situations 
where adjacent channel licensees jointly transmit over more than one 
contiguous channel utilizing digital modulation, the maximum out-of-band 
power shall be attenuated at the edges of those combined channels at 
least 35 dB relative to the licensed average power level of each 
channel. Emissions more than 125 kHz from either edge of the combined 
channels, including harmonics, shall be attenuated at least

[[Page 83]]

60 dB below peak analog power or average digital power of each channel, 
as appropriate.
    (k) A response station may be operated unattended. The overall 
performance of the response station transmitter shall be checked by the 
hub licensee as often as necessary to ensure that it is functioning in 
accordance with the requirements of the Commission's rules. The licensee 
of a response station hub is responsible for the proper operation of all 
associated response station transmitters. Each response station hub 
licensee is responsible for maintaining, and making available to the 
Commission upon request, a list containing all customer names and 
addresses, plus the technical parameters (EIRP, emission, bandwidth, 
antenna pattern/ height/ orientation/ polarization) pertinent to each 
class of response station within the response service area.
    (l) The transmitting apparatus employed at MDS response stations 
shall have received type certification.
    (m) An MDS response station shall be operated only when engaged in 
communications with its associated MDS response station hub or MDS 
station or booster station, or for necessary equipment or system tests 
and adjustments. Upon initial installation, and upon relocation and 
reinstallation, a response station transmitter shall be incapable of 
emitting radiation unless, and until, it has been activated by reception 
of a signal from the associated MDS station or booster station. A hub 
station licensee shall be capable of remotely de-activating any and all 
response station transmitters within its RSA by means of signals from 
the associated MDS station or booster station. Radiation of an 
unmodulated carrier and other unnecessary transmissions are forbidden.
    (n) All response stations utilizing an EIRP greater than 18 dBW 
shall be installed by the associated hub licensee or by the licensee's 
employees or agents. For the purposes of this section, all EIRP dBW 
values assume the use of a 6 MHz channel. For channel bandwidths other 
than 6 MHz, the EIRP dBW values should be adjusted up (channel >6 MHz) 
or down (channel 6 MHz) by 10 log(X/6) dBW, where X is the channel width 
in MHz. For response stations located within 1960 feet of an ITFS 
receive site registered and built prior to the filing of the application 
for the hub station license, the hub licensee must notify the licensee 
of the ITFS receive site at least one business day prior to the 
activation of these response stations. The notification must contain, 
for each response station to be activated, the following information: 
name and telephone number of a contact person who will be responsible 
for coordinating the resolution of any interference problems; street 
address; geographic coordinates to the nearest second; channels/
subchannels (transmit only); and transmit antenna pattern, EIRP, 
orientation and height AMSL. (If transmit antenna pattern, EIRP, 
orientation or height AMSL are not known with specificity at the time of 
notification, the hub licensee may, instead, specify the worst-case 
values for the class of response station being activated.) Such notice 
to the ITFS licensee shall be given in writing by certified mail unless 
the ITFS licensee has requested delivery by email or facsimile. The ITFS 
licensee may waive the notification requirement on a site-specific basis 
or on a system-wide basis. The notification provisions of this section 
shall not apply if:
    (1) The response station will operate at an EIRP no greater than -6 
dBW; or
    (2) The response station will operate at an EIRP greater than -6 dBW 
and no more than 18 dBW and:
    (i) The channels being received at the ITFS site are neither the 
same as, nor directly adjacent to, the channel(s) to be transmitted from 
the response station; and
    (ii) The hub station licensee has replaced, at its expense, the 
frequency downconverters used at all ITFS receive sites registered and 
constructed prior to the filing of the hub station application which are 
within 1960 feet of the hub station's response service area; and
    (iii) The downconverters, at a minimum, conform to the following 
specifications:
    (A) A frequency of operation covering the 2150-2162 MHz band or the 
2500-2686 MHz band; and

[[Page 84]]

    (B) A third-order intercept point of 30 dBm; and
    (C) A conversion gain of 32 dB, or the same conversion gain as the 
existing ITFS downconverter, whichever is least; and
    (D) A noise figure of no greater than 2.5 dB, or no more than 1 dB 
greater than the noise figure of the existing ITFS downconverter, 
whichever is greater; and
    (iv) The proposal to upgrade the ITFS downconverter was made in 
writing and served upon the affected ITFS licensee, conditional licensee 
or applicant at the same time the application for the response station 
hub license was served on cochannel and adjacent channel ITFS parties 
and no objection was made within the 60-day period allowed for petitions 
to deny the hub station application.
    (o) Interference calculations shall be performed in accordance with 
Appendix D (as amended) to the Report and Order in MM Docket 97-217, FCC 
98-231, ``Methods For Predicting Interference From Response Station 
Transmitters and To Response Station Hubs and For Supplying Data on 
Response Station Systems.'' (Note: This document is subject to change 
and will be updated/amended as needed without prior notification. 
Applicants should always utilize the most current version of the 
document, as found at the Commission's internet web site, http://
www.fcc.gov/mmb/vsd/files/methodology.doc). Compliance with out-of-band 
emission limitations shall be established in accordance with 
Sec. 21.908(e).

[63 FR 65105, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999, as amended at 64 
FR 63733, Nov. 22, 1999; 65 FR 46618, July 31, 2000]



Sec. 21.910  Special procedures for discontinuance, reduction or impairment of service by common carrier licensees.

    (a) Any 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 the carrier shall notify all affected customers 
of the planned discontinuance, reduction or impairment on or before the 
date that the licensee provides notice to the Commission pursuant to 
Sec. 21.903(d).
    (b) 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; and
    (2) Date of planned service discontinuance, reduction or impairment; 
and
    (3) Points or geographic areas of service affected; and
    (4) How many and which channels are affected.

[64 FR 63735, Nov. 22, 1999]



Sec. 21.911  Annual reports.

    (a) No later than March 1 of each year for the preceding calendar 
year, each licensee in the Multipoint Distribution Service shall file 
with the Commission two copies of a report which must include the 
following:
    (1) Name and address of licensee;
    (2) Station(s) call letters and primary geographic service area(s);
    (3) The following statistical information, preferably in tabular 
form, for the licensee's station (and each channel thereof);
    (i) The total number of separate subscribers served during the 
calendar year;
    (ii) The total hours of transmission service rendered during the 
calendar year to all subscribers;
    (iii) The total hours of transmission service rendered during the 
calendar year in the following categories: entertainment, education and 
training, public service, data transmission, and other services;
    (iv) A list of each period of time during the calendar year in which 
a station was not operational due to removal or alteration of equipment 
or facilities; and
    (v) A list of each period of time during the calendar year in which 
the station rendered no service as authorized, if the time period was a 
consecutive period longer than 48 hours.
    (b) The licensee, by an appropriate corporate officer, controlling 
partner, or individual proprietor, must certify this report as to the 
accuracy and completeness of the information contained therein.

[[Page 85]]

    (c) A copy of each year's report shall be retained in the principal 
office of the licensee and shall be readily available to the public for 
reference and inspection.

[55 FR 46011, Oct. 31, 1990]



Sec. 21.912  Cable television company eligibility requirements and MDS/cable cross-ownership.

    (a) Nothwithstanding the provisions of Sec. 21.900 of this part, 
initial or modified authorizations for stations in the 2150-2162 MHz and 
2596-2680 MHz frequency bands may not be granted to a cable operator if 
a portion of the Multipoint Distribution Service (MDS) station's 
protected services area is within the portion of the franchise area 
actually served by the cable operator's cable system. No cable operator 
may acquire such authorization either directly, or indirectly through an 
affiliate owned operated, or controlled by or under common control with 
a cable operator.
    (b) No licensee of a station in this service may lease transmission 
time or capacity to a cable operator either directly, or indirectly 
through an affiliate owned, operated, controlled by, or under common 
control with a cable operator, if a portion of the Multipoint 
Distribution Service (MDS) station's protected services area is within 
the portion of the franchise area actually served by the cable 
operator's cable system.
    (c) Applications for new stations, station modifications, 
assignments or transfers of control by cable operators of stations in 
the 2150-2162 MHz and 2596-2680 MHz frequency bands shall include a 
showing that no portion of the protected service area of the MDS station 
is within the portion of the franchise area actually served by the cable 
operator's cable system, or of any entity indirectly affiliated, owned, 
operated, controlled by, or under common control with the cable 
operator.

    Note 1 to Sec. 21.912: In applying the provisions of this section, 
ownership and other interests in MDS licensees or cable television 
systems will be attributed to their holders and deemed cognizable 
pursuant to the following criteria:

    (a) Except as otherwise provided herein, partnership and direct 
ownership interests and any voting stock interest amounting to 5% or 
more of the outstanding voting stock of a corporate MDS licensee or 
cable television system will be cognizable;
    (b) Investment companies, as defined in 15 U.S.C. 80a-3, insurance 
companies and banks holding stock through their trust departments in 
trust accounts will be considered to have a cognizable interest only if 
they hold 20% or more of the outstanding voting stock of a corporate MDS 
licensee or cable television system, or if any of the officers or 
directors of the MDS licensee or cable television system are 
representatives of the investment company, insurance company or bank 
concerned. Holdings by a bank or insurance company will be aggregated if 
the bank or insurance company has any right to determine how the stock 
will be voted. Holdings by investment companies will be aggregated if 
under common management.
    (c) Attribution of ownership interests in an MDS licensee or cable 
television system 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 wherever the ownership 
percentage for any link in the chain exceeds 50%, it shall not be 
included for purposes of this multiplication. For purposes of paragraph 
(i) of this note, attribution of ownership interests in an MDS licensee 
or cable television system that are held indirectly by any party through 
one or more intervening organizations 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, and the ownership percentage for any 
link in the chain that exceeds 50% shall be included for purposes of 
this multiplication. [For example, except for purposes of paragraph (i) 
of this note, if A owns 10% of company X, which owns 60% of company Y, 
which owns 25% of ``Licensee,'' then X's interest in ``Licensee'' would 
be 25% (the same as Y's interest because X's interest in Y exceeds 50%), 
and A's interest in ``Licensee'' would be 2.5% (0.1 x 0.25). Under the 
5% attribution benchmark, X's interest in ``Licensee'' would be 
cognizable, while A's interest would not be cognizable. For purposes of 
paragraph (i) of this note, X's interest in ``Licensee'' would be 15% 
(0.6 x 0.25) and A's interest in ``Licensee'' would be 1.5% (0.1 x 0.6 x 
0.25). Neither interest would be attributed under paragraph (i) of this 
note.]
    (d) Voting 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 to any person who has the 
right to revoke the trust at will or to replace

[[Page 86]]

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. An otherwise qualified trust will be 
ineffective to insulate the grantor or beneficiary from attribution with 
the trust's assets unless all voting stock interests held by the grantor 
or beneficiary in the relevant MDS licensee or cable television system 
are subject to said trust.
    (e) Subject to paragraph (i) of this note, holders of non-voting 
stock shall not be attributed an interest in the issuing entity. Subject 
to paragraph (i) of this note, holders of debt and instruments such as 
warrants, convertible debentures, options or other non-voting interests 
with rights of conversion to voting interests shall not be attributed 
unless and until conversion is effected.
    (f)(1) A limited partnership interest shall be attributed to a 
limited partner unless that partner is not materially involved, directly 
or indirectly, in the management or operation of the MDS or cable 
television activities of the partnership and the licensee or system so 
certifies. An interest in a Limited Liability Company (``LLC'') or 
Registered Limited Liability Partnership (``RLLP'') shall be attributed 
to the interest holder unless that interest holder is not materially 
involved, directly or indirectly, in the management or operation of the 
MDS or cable television activities of the partnership and the licensee 
or system so certifies.
    (2) For a licensee or system that is a limited partnership to make 
the certification set forth in paragraph (f)(1) of this note, it must 
verify that the partnership agreement or certificate of limited 
partnership, with respect to the particular limited partner exempt from 
attribution, establishes that the exempt limited partner has no material 
involvement, directly or indirectly, in the management or operation of 
the MDS or cable television activities of the partnership. For a 
licensee or system that is an LLC or RLLP to make the certification set 
forth in paragraph (f)(1) of this note, it must verify that the 
organizational document, with respect to the particular interest holder 
exempt from attribution, establishes that the exempt interest holder has 
no material involvement, directly or indirectly, in the management or 
operation of the MDS or cable television activities of the LLC or RLLP. 
The criteria which would assume adequate insulation for purposes of this 
certification are described in the Memorandum Opinion and Order in MM 
Docket No. 83-46, 50 FR 27438, July 3, 1985, as modified on 
reconsideration in the Memorandum Opinion and Order in MM Docket No. 83-
46, 52 FR 1630, January 15, 1987. Irrespective of the terms of the 
certificate of limited partnership or partnership agreement, or other 
organizational document in the case of an LLC or RLLP, however, no such 
certification shall be made if the individual or entity making the 
certification has actual knowledge of any material involvement of the 
limited partners, or other interest holders in the case of an LLC or 
RLLP, in the management or operation of the MDS or cable television 
businesses of the partnership or LLC or RLLP.
    (3) In the case of an LLC or RLLP, the licensee or system seeking 
installation shall certify, in addition, that the relevant state statute 
authorizing LLCs permits an LLC member to insulate itself as required by 
our criteria.
    (g) Officers and directors of an MDS licensee or cable television 
system are considered to have a cognizable interest in the entity with 
which they are so associated. If any such entity engages in businesses 
in addition to its primary business of MDS or cable television service, 
it may request the Commission to waive attribution for any officer or 
director whose duties and responsibilities are wholly unrelated to its 
primary business. The officers and directors of a parent company of an 
MDS licensee or cable television system, with an attributable interest 
in any such subsidiary entity, shall be deemed to have a cognizable 
interest in the subsidiary unless the duties and responsibilities of the 
officer or director involved are wholly unrelated to the MDS licensee or 
cable television system subsidiary, and a statement properly documenting 
this fact is submitted to the Commission. [This statement may be 
included on the Licensee Qualification Report.] The officers and 
directors of a sister corporation of an MDS licensee or cable television 
system shall not be attributed with ownership of these entities by 
virtue of such status.
    (h) Discrete ownership interests will be aggregated in determining 
whether or not an interest is cognizable under this section. An 
individual or entity will be deemed to have a cognizable investment if:
    (1) The sum of the interests held by or through ``passive 
investors'' is equal to or exceeds 20 percent; or
    (2) The sum of the interests other than those held by or through 
``passive investors'' is equal to or exceeds 5 percent; or
    (3) The sum of the interests computed under paragraph (h)(1) of this 
note plus the sum of the interests computed under paragraph (h)(2) of 
this note is equal to or exceeds 20 percent.
    (i) Notwithstanding paragraphs (e) and (f) of this note, the holder 
of an equity or debt interest or interests in an MDS licensee or cable 
television system subject to the MDS/cable cross-ownership rule 
(``interest holder'') shall have that interest attributed if:
    (1) the equity (including all stockholdings, whether voting or 
nonvoting, common or

[[Page 87]]

preferred) and debt interest or interests, in the aggregate, exceed 33 
percent of the total asset value (all equity plus all debt) of that MDS 
licensee or cable television system; and
    (2) The interest holder also holds an interest in an MDS licensee or 
cable television system that is attributable under paragraphs of this 
note other than this paragraph (i) and which operates in any portion of 
the franchise area served by that cable operator's cable system.
    (j) 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.
    (k) As used in this section ``cable operator'' shall have the same 
definition as in Sec. 76.5 of this chapter.
    Note 2 to Sec. 21.912: The Commission will entertain requests to 
waive the restrictions in paragraph (a) of this section where necessary 
to ensure that all significant portions of the franchise area are able 
to obtain multichannel video service. Such waiver requests should be 
filed in accordance with special relief procedures set forth in 
Sec. 76.7.

    (d) The provisions of paragraphs (a) through (c) of this section 
will not apply to one MDS or MMDS channel used to provide locally-
produced programming to cable headends. Locally-produced programming is 
programming produced in or near the cable operator's franchise area and 
not broadcast on a television station available within that franchise 
area. A cable operator will be permitted one MDS channel in an MMDS 
protected service area for this purpose, and no more than one MDS 
channel in an MMDS protected service area may be used by a cable 
television company or its affiliate or lessor pursuant to this 
paragraph. The licensee for a cable operator providing local programming 
pursuant to a lease must include in a notice filed with the Common 
Carrier Bureau a cover letter explicitly identifying itself or its 
lessee as a local cable operator and stating that the lease was executed 
to facilitate the provision of local programming. The first application 
or the first lease notification in an area filed with the Commission 
will be entitled to the exemption. The limitations on one MDS channel 
per party and per area include any cable/MDS operations grandfathered 
pursuant to paragraph (f) of this section or cable/ITFS operations 
grandfathered pursuant to Sec. 74.931(e) of this chapter.\1\ The cable 
operator must demonstrate in its MDS/MMDS application that the proposed 
local programming will be provided within one year from the date its 
application is granted. Local programming service pursuant to a lease 
must be provided within one year of the date of the lease or one year of 
grant of the licensee's application for the leased channel, whichever is 
later. If an MDS license for these purposes is granted and the 
programming is subsequently discontinued, the license will be 
automatically forfeited the day after local programming service is 
discontinued.
    (e) Applications filed by cable television companies, or affiliates, 
for MDS channels prior to February 8, 1990, will not be subject to the 
prohibitions of this section. Applications filed on February 8, 1990, or 
thereafter will be returned. Lease arrangements between cable and MDS 
entities for which a lease or a firm agreement was signed prior to 
February 8, 1990, will also not be subject to the prohibitions of this 
section. Leases between cable television companies, or affiliates, and 
MDS/MMDS station licensees, conditional licensees, or applicansts 
executed on February 8, 1990, or thereafter, are invalid.
    (1) Applications filed by cable operators, or affiliates, for MMDS 
channels prior to February 8, 1990, will not be subject to the 
prohibitions of this section. Except as provided in paragraph (e)(2) 
below, applications filed on February 8, 1990, or thereafter will be 
returned. Lease arrangements between cable and MDS entities for which a 
lease or a firm agreement was signed prior to February 8, 1990, will 
also not be subject to the prohibitions of this section. Except as 
provided in paragraph (e)(2) below, leases between cable operators, or 
affiliates, and MDS/MMDS station licensees, conditional licensees, or 
applicants executed on or before February 8, 1990, or thereafter are 
invalid.
    (2) Applications filed by cable operators, or affiliates for MDS 
channels after February 8, 1990, and prior to October 5, 1992, will not 
be subject to the prohibition of this section, if, pursuant to the then 
existing overbuild or rural exceptions, the applications were allowed 
under the then existing cable/MMDs cross-ownership prohibitions.

[[Page 88]]

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.
    (f) Interested persons may file a petition to deny an application 
filed pursuant to paragraph (d) of this section within 30 days after the 
Commission gives public notice that the application or petition has been 
filed. Petitions must be served upon the applicant, and must contain a 
complete and detailed showing, supported by affidavit, of any facts or 
considerations relied upon. The applicant may file an opposition to the 
petition to deny within 30 days after the filing of the petition, and 
must serve copies upon all persons who have filed petitions to deny. The 
Commission, after consideration of the pleadings, will determine whether 
the public interest, convenience and necessity would be served by the 
grant or denial of the application, in whole or in part. The Commission 
may specify other procedures, such as oral argument, evidentiary hearing 
or further written submission directed to particular aspects, as it 
deems appropriate.

    Notes: In these grandfathered situations, we will consider granting 
waivers to permit the use of a second MDS channel for the delivery of 
locally produced programming. Because allocating a second channel to 
this use would further reduce the channel capacity available for 
wireless cable service, we will require an applicant for the second 
channel to demonstrate, at a minimum, that it is ready and able to 
provide additional locally produced programming to area cable systems, 
and that no other practical means of delivering the programming are 
available to it. In considering requests for waiver, we will also take 
into account the competitive environment for the production and delivery 
of locally produced programming in the relevant markets.

[55 FR 46011, Oct. 31, 1990, as amended at 56 FR 57818, Nov. 14, 1991; 
58 FR 42018, Aug. 6, 1993; 58 FR 45064, Aug. 26, 1993; 61 FR 15387, Apr. 
8, 1996; 64 FR 50644, Sept. 17, 1999; 66 FR 9971, Feb. 13, 2001]



Sec. 21.913  Signal booster stations.

    (a) An MDS booster station may reuse channels to repeat the signals 
of MDS stations or to originate signals on MDS channels. The aggregate 
power flux density generated by an MDS station and all associated signal 
booster stations and all simultaneously operating cochannel response 
stations may not exceed -73 dBW/m2 (or the appropriately 
adjusted value based on the actual bandwidth used if other than 6 MHz, 
see Sec. 21.902(b)(7)(i)) at or beyond the boundary of the protected 
service area, as defined in Secs. 21.902(d) and 21.933, of the main MDS 
station whose channels are being reused, as measured at locations for 
which there is an unobstructed signal path, unless the consent of the 
affected cochannel licensee is obtained.
    (b) A licensee or conditional licensee of an MDS station, or the 
capacity lessee of such MDS station upon the written consent of the 
licensee or conditional licensee, may secure a license for a high power 
signal booster station that has a maximum EIRP in excess of -9 dBW + 10 
log(X/6) dBW where X is the channel width in MHz, if it complies with 
the out-of-band emission requirements of Sec. 21.908. Any licensee of a 
high-power booster station that is a capacity lessee shall, upon 
termination or expiration of the capacity lease, automatically assign 
the booster station license to the licensee or conditional licensee of 
the MDS station by and upon written notice to the Commission signed by 
the lessee and such licensee or conditional licensee. If upon 
termination or expiration of the capacity lease the licensee or 
conditional licensee no longer desires or needs the high-power booster 
station license, such a license must be returned to the Commission. The 
applicant for a high-power station, or for modification thereto, where 
not subject to Sec. 21.41 or Sec. 21.42, shall file FCC Form 331 with 
Mellon Bank, and certify on that form

[[Page 89]]

that the applicant has complied with the additional requirements of this 
paragraph (b), and that the interference data submitted under this 
paragraph is complete and accurate. Failure to certify compliance and to 
comply completely with the following requirements of this paragraph (b) 
shall result in dismissal of the application or revocation of the high-
power MDS signal booster station license, and may result in imposition 
of a monetary forfeiture. The applicant is additionally required to 
submit (see Sec. 21.902(m) for permissible format(s) and media) to the 
Commission's Reference Room the following information:
    (1) A demonstration that the proposed signal booster station site is 
within the protected service area, as defined in Secs. 21.902(d) and 
21.933, of the MDS station whose channels are to be reused; and
    (2) A study which demonstrates that the aggregate power flux density 
of the MDS station and all associated booster stations and 
simultaneously operating cochannel response stations licensed to or 
applied for by the applicant, measured at or beyond the boundary of the 
protected service area of the MDS station whose channels are to be 
reused, does not exceed -73 dBW/m2 (or the appropriately 
adjusted value based on the actual bandwidth used if other than 6 MHz, 
see Sec. 21.902(b)(7)(i)) at locations for which there is an 
unobstructed signal path, unless the consent of the affected licensees 
has been obtained; and
    (3) In lieu of the requirements of Sec. 21.902(c) and (i), a study 
which demonstrates that the proposed booster station will cause no 
harmful interference (as defined in Sec. 21.902(f)) to cochannel and 
adjacent channel, authorized or previously-proposed ITFS and MDS 
stations with protected service area center coordinates as specified in 
Sec. 21.902(d), to any authorized or previously-proposed response 
station hubs, booster stations or I channel stations associated with 
such ITFS and MDS stations, or to any ITFS receive sites registered as 
of September 17, 1998, within 160.94 kilometers (100 miles) of the 
proposed booster station's transmitter site. Such study shall consider 
the undesired signal levels generated by the proposed signal booster 
station, the main station, all other licensed or previously-proposed 
associated booster stations, and all simultaneously operating cochannel 
response stations licensed to or applied for by the applicant. In the 
alternative, a statement from the affected MDS or ITFS licensee or 
conditional licensee stating that it does not object to operation of the 
high-power MDS signal booster station may be submitted; and
    (4) A description of the booster service area; and
    (5) A demonstration either
    (i) That the booster service area is entirely within the protected 
service area to which the licensee of a station whose channels are being 
reused is entitled by virtue of its being the licensee of an incumbent 
MDS station, or by virtue of its holding a Basic Trading Area or 
Partitioned Service Area authorization; or
    (ii) That the licensee entitled to any cochannel protected service 
area which is overlapped by the proposed booster service area has 
consented to such overlap; and
    (6) A demonstration that the proposed booster service area can be 
served by the proposed booster without interference; and
    (7) A certification that copies of the materials set forth in 
paragraph (b) of this section have been served upon the licensee or 
conditional licensee of each station (including each response station 
hub and booster station) required to be studied pursuant to paragraph 
(b)(3) of this section, and upon any affected holder of a Basic Trading 
Area or Partitioned Service Area authorization pursuant to paragraph 
(b)(2) of this section.
    (8) If the applicant is a capacity lessee, a certification that:
    (i) The licensee or conditional licensee has provided its written 
consent to permit the capacity lessee to apply for the booster station 
license; and
    (ii) The applicant and the licensee or conditional licensee have 
entered into a lease that is in effect at the time of such filing.
    (c) Except as provided in Sec. 21.27(d), applications for high-power 
MDS signal booster station licenses may be filed at any time. 
Notwithstanding any other provision of part 21 (including Sec. 21.31),

[[Page 90]]

applications for high-power MDS signal booster station licenses meeting 
the requirements of paragraph (b) of this section shall cut-off 
applications that are filed on a subsequent day for facilities that 
would cause harmful electromagnetic interference to the proposed booster 
stations.
    (d) Notwithstanding the provisions of Sec. 21.30(a)(4) and except as 
provided in Sec. 21.27(d), any petition to deny an application for a 
high-power MDS signal booster station license shall be filed no later 
than the sixtieth (60th) day after the date of public notice announcing 
the filing of such application or major amendment thereto. 
Notwithstanding Sec. 21.31 and except as provided in Sec. 21.27(d), an 
application for a high-power MDS signal booster station license that 
meets the requirements of paragraph (b) of this section shall be granted 
on the sixty-first (61st) day after the Commission shall have given 
public notice of the acceptance for filing of it, or of a major 
amendment to it if such major amendment has been filed, unless prior to 
such date either a party in interest timely files a formal petition to 
deny or for other relief pursuant to Sec. 21.30(a), or the Commission 
notifies the applicant that its application will not be granted. Where 
an application is granted pursuant to the provisions of this paragraph, 
the conditional licensee or licensee shall maintain a copy of the 
application at the MDS booster station until such time as the Commission 
issues a high-power MDS signal booster station license.
    (e) A licensee or conditional licensee of an MDS station, or the 
capacity licensee of such MDS station upon the written consent of the 
licensee or conditional licensee, shall be eligible to install and 
operate a low power signal booster station that has a maximum EIRP of -9 
dBW + log10(X/6) dBW, where X is the channel width in MHz. A low-power 
MDS signal booster station may operate only on one or more MDS channels 
that are licensed to the licensee of the MDS booster station, but may be 
operated by a third party with a fully-executed lease or consent 
agreement with the MDS conditional licensee or licensee. Any licensee of 
a low-power booster station that is a capacity lessee shall, upon 
termination or expiration of the capacity lease, automatically assign 
the booster station license to the licensee or conditional licensee of 
the MDS station by and upon written notice to the Commission signed by 
the lessee and such licensee or conditional licensee. If upon 
termination or expiration of the capacity lease the licensee or 
conditional licensee no longer desires or needs the low-power booster 
station license, such a license must be returned to the Commission. An 
MDS licensee, conditional licensee, or capacity lessee thereof, may 
install and commence operation of a low-power MDS signal booster station 
for the purpose of retransmitting the signals of the MDS station or for 
originating signals. Such installation and operation shall be subject to 
the condition that for sixty (60) days after installation and 
commencement of operation, no objection or petition to deny is filed by 
the licensee of a, or applicant for a previously-proposed, cochannel or 
adjacent channel ITFS or MDS station with a transmitter within 8.0 
kilometers (5 miles) of the coordinates of the low-power MDS signal 
booster station. An MDS licensee, conditional licensee, or capacity 
lessee thereof seeking to install a low-power MDS signal booster station 
under this rule must submit a FCC Form 331 to the Commission within 48 
hours after installation. In addition, the MDS licensee, conditional 
licensee, or capacity lessee must submit the following information (see 
Sec. 21.902(m) for permissible format(s) and media) to the Commission's 
Reference Room:
    (1) A description of the booster service area; and
    (2) A demonstration either
    (i) That the booster service area is entirely within the protected 
service area to which each licensee of a station whose channels are 
being reused is entitled by virtue of its being the licensee of an 
incumbent MDS station, or by virtue of its holding a Basic Trading Area 
or Partitioned Service Area authorization; or
    (ii) That the licensee entitled to any cochannel protected service 
area which is overlapped by the proposed booster service area has 
consented to such overlap; and

[[Page 91]]

    (3) A demonstration that the proposed booster service area can be 
served by the proposed booster without interference; and
    (4) A certification that:
    (i) The maximum power level of the signal booster transmitter does 
not exceed -9 dBW + 10 log(X/6) dBW, where X is the channel width in 
MHz; and
    (ii) Where the booster is operating on channel D4, E1, F1, E2, F2, 
E3, F3, E4, F4 and/or G1, no registered receiver of an ITFS E or F 
channel station, constructed prior to May 26, 1983, is located within a 
1.61 km (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; and
    (iii) The applicant has complied with Sec. 1.1307 of this chapter; 
and
    (iv) Each MDS and/or ITFS station licensee (including the licensees 
of booster stations and response station hubs) with protected service 
areas and/or registered receivers within a 8 km (5 mile) radius of the 
coordinates of the booster has been given notice of its installation; 
and
    (v) The signal booster site is within the protected service area of 
the MDS station whose channels are to be reused; and
    (vi) The aggregate power flux density of the MDS station and all 
associated booster stations and simultaneously operating cochannel 
response stations licensed to or applied for by the applicant, measured 
at or beyond the boundary of the protected service areas of the MDS 
stations whose channels are to be reused, does not exceed -73 dBW/
m2 (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(i)) at 
locations for which there is an unobstructed signal path, unless the 
consent of the affected licensees has been obtained; and
    (vii) 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
    (viii) The applicant understands and agrees that, in the event 
harmful interference is claimed by the filing of an objection or 
petition to deny, it must terminate operation within two (2) hours of 
notification by the Commission, and must not recommence operation until 
receipt of written authorization to do so by the Commission; and
    (ix) If the applicant is a capacity lessee, a certification that:
    (A) The licensee or conditional licensee has provided its written 
consent to permit the capacity lessee to apply for the booster station 
license; and
    (B) The applicant and the licensee or conditional licensee have 
entered into a lease that is in effect at the time of such filing.
    (f) Commencing upon the filing of an application for a high-power 
MDS signal booster station license and until such time as the 
application is dismissed or denied or, if the application is granted, a 
certification of completion of construction is filed, an applicant for 
any new or modified MDS or ITFS station (including a response station 
hub, high-power booster station, or I Channels station) shall 
demonstrate compliance with the interference protection requirements set 
forth in Secs. 21.902 (b)(3) through (b)(5), 21.938 (b) (1) and (2) and 
(c), or 74.903 of this chapter with respect to any previously-proposed 
or authorized booster service area both using the transmission 
parameters of the high-power MDS signal booster station (e.g., EIRP, 
polarization(s) and antenna height) and the transmission parameters of 
the MDS station whose channels are to be reused by the high-power MDS 
signal booster station. Upon the filing of a certification of completion 
of construction of an MDS booster station applied for pursuant to 
paragraph (b) of this section, or upon the submission of an MDS booster 
station notification pursuant to paragraph (e) of this section, the MDS 
station whose channels are being reused by the MDS signal booster shall 
no longer be entitled to interference protection pursuant to 
Secs. 21.902 (b)(3) through (b)(5), 21.938 (b) (1) and (2) and (c), and 
74.903 of this chapter within the booster service area based on the 
transmission parameters of the MDS station whose channels are being 
reused. A booster station shall not be entitled to protection from 
interference caused by facilities proposed on or

[[Page 92]]

prior to the day the application or notification for the booster station 
is filed. A booster station shall not be required to protect from 
interference facilities proposed on or after the day the application or 
notification for the booster station is filed.
    (g) Where an application is granted under paragraph (d) of this 
section, if a facility operated pursuant to that grant causes harmful, 
unauthorized interference to any cochannel or adjacent channel facility, 
it must promptly remedy the interference or immediately cease operations 
of the interfering facility, regardless of whether any petitions to deny 
or for other relief were filed against the application during the 
application process. The burden of proving that a high-power MDS signal 
booster station is not causing harmful, unauthorized interference lies 
on the licensee of the alleged interfering facility, following the 
filing of a documented complaint of interference by an affected party.
    (h) In the event any MDS or ITFS receive site suffers interference 
due to block downconverter overload, the licensee of each non-co/
adjacent channel signal booster station within five miles of such 
receive site shall cooperate in good faith to expeditiously identify the 
source of the interference. Each licensee of a signal booster station 
contributing to such interference shall bear the joint and several 
obligation to remedy promptly all interference resulting from block 
downconverter overload at any ITFS registered receive site or at any 
receive site within an MDS or ITFS protected service area applied for 
prior to the submission of the application or notification for the 
signal booster station, regardless of whether the receive site suffering 
the interference was constructed prior to or after the construction of 
the signal booster station(s) causing the downconverter overload; 
provided, however, that the licensee of the registered ITFS receive site 
or the MDS or ITFS protected service area must cooperate fully and in 
good faith with efforts by signal booster station licensees to prevent 
interference before constructing the signal booster station and/or to 
remedy interference that may occur. In the event that more than one 
signal booster station licensee contributes to block downconverter 
interference at an MDS or ITFS receive site, such licensees shall 
cooperate in good faith to remedy promptly the interference.

[63 FR 65109, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999, as amended at 64 
FR 63736, Nov. 22, 1999; 65 FR 46619, July 31, 2000]

    Effective Date Note: At 65 FR 46619, July 31, 2000, Sec. 24.913 was 
amended by revising paragraphs (b) introductory text, (b)(8), and 
(e)(4)(ix). These paragraphs contain information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.



Sec. 21.914  Mutually-exclusive MDS applications.

    Notwithstanding the provisions of Sec. 21.31 (b)(2)(i) and (ii) of 
this part, to be entitled to be included in a random selection process 
or to comparative consideration with one or more conflicting 
applications, an application for frequencies at 2150-2162 MHz, 2596-2644 
MHz, 2650-2656 MHz, 2662-2668 MHz, or 2674-2680 MHz must be received by 
the Commission in a condition acceptable for filing on the same calendar 
day as the first of the conflicting applications is received by the 
Commission in a condition acceptable for filing.

[55 FR 46012, Oct. 31, 1990, as amended at 56 FR 57819, Nov. 14, 1991]



Sec. 21.915  One-to-a-market requirement.

    Each applicant may file only a single Multipoint Distribution 
Service application for the same channel or channel group in each area. 
The stockholders, partners, owners, trustees, beneficiaries, officers, 
directors, or any other person or entity holding, directly or 
indirectly, any interest in one applicant or application for an area and 
channel or channel group, must not have any interest, directly or 
indirectly, in another applicant or application for that same area and 
channel or channel group.

[58 FR 11799, Mar. 1, 1993]



Sec. 21.920  Applicability of cable television EEO requirements to MDS and MMDS facilities.

    Notwithstanding other EEO provisions within Sec. 1.815 of this 
chapter and

[[Page 93]]

Sec. 21.307, an entity that uses an owned or 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, subparts E and U of this chapter, if 
such entity exercises control (as defined in part 76, subparts E and U 
of this chapter) over the video programming it distributes.

[58 FR 42249, Aug. 9, 1993, as amended at 65 FR 53614, Sept. 5, 2000]



Sec. 21.921  Basis and purpose for electronic filing and competitive bidding process.

    (a) Basis. The rules for competitive biding procedures for the 
Multipoint Distribution Service (MDS) in this part are promulgated under 
the provisions of the Communications Act of 1934, as amended, which 
vests authority in the Federal Communications Commission to regulate 
radio transmission and to issue licenses for radio stations, and 
Sec. 309(j) of the Act, which vests authority in the Commission to 
conduct competitive bidding.
    (b) Purpose. This part states the conditions under which portions of 
the radio spectrum are made available and licensed for Multipoint 
Distribution Service via the competitive bidding procedures.
    (c) Scope. The rules in this part apply only to authorizations and 
station licenses granted under the competitive bidding procedures of 
this section. This subpart contains some of the procedures and 
requirements for the issuance of authorizations to construct and operate 
multipoint distribution services. One also should consult part 1, 
subpart Q of the Commission's rules, Secs. 21.1 through 21.406 and 
21.900 through 21.920 of this part, and other Commission rules of 
importance with respect to the licensing and operation of MDS stations.

[60 FR 36554, July 17, 1995]



Sec. 21.922  Authorized frequencies.

    The frequencies in the MDS service through the competitive bidding 
process are in the frequency allocations table of Sec. 21.901 of this 
part.

[60 FR 36555, July 17, 1995]



Sec. 21.923  Eligibility.

    Any individual or entity, other than those precluded by Secs. 21.4 
and 21.912 of this part, is eligible to receive a Basic Trading Area 
(BTA) authorization and a station license for each individual MDS 
station within the BTA. There is no restriction on the number of BTA 
authorizations or MDS station licenses, including multiple cochannel 
station licenses, sought by or awarded to a qualified individual or 
entity.

[60 FR 36555, July 17, 1995]



Sec. 21.924  Service areas.

    (a) MDS service areas are regional Basic Trading Areas (BTAs) which 
are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 
123rd Edition, at pages 38-39. The BTA Map is available for public 
inspection at the Reference Information Center, Consumer Information 
Bureau, Federal Communications Commission, 445 12th Street, SW, 
Washington, DC 20554.
    (b) The following additions will be available for licensing 
separately as BTA-like areas: American Samoa; Guam; Northern Mariana 
Islands; San Juan, Puerto Rico; Mayaguez/Aguadilla-Ponce, Puerto Rico; 
and the United States Virgin Islands.
    (c) The area within the boundaries of a BTA to which a BTA 
authorization holder may provide Multipoint Distribution Service 
excludes the protected service areas of any incumbent MDS stations and 
previously proposed and authorized ITFS facilities, including registered 
receive sites.

[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995; 
64 FR 60726, Nov. 8, 1999]



Sec. 21.925  Applications for BTA authorizations and MDS station licenses.

    (a)(1) An applicant must file a short-form application and, when 
necessary, the short-form application supplement, identifying each BTA 
service authorization sought.
    (2) For purposes of conducting competitive bidding procedures, 
short-form applications are considered to be mutually exclusive with 
each other if they were filed for, and specified, the same BTA service 
area.

[[Page 94]]

    (b) Separate long-form applications must be filed for each 
individual MDS station license sought within 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 each site where one or more MDS response 
station hub license(s) is/are sought, provided that the technical 
parameters of each MDS response station hub are the same;
    (3) An application for each site where one or more MDS booster 
station(s) will operate with an EIRP in excess of -9 dBW (or, when 
subchannels or superchannels, or 125 kHz channels, are used, the 
appropriately adjusted value based upon the ratio of 6 MHz to the 
subchannel or superchannel, or 125 kHz, bandwidth);
    (4) 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
    (5) An application for each ITFS-channel group station license 
sought in accordance with Secs. 74.990 and 74.991 of this chapter.
    (c) The Commission shall grant BTA authorizations to auction winners 
as set forth in Sec. 21.958.
    (d) No long-form application filed by the BTA authorization holder 
will be accepted prior to completion of the competitive bidding process 
and no long-form application will be granted until expiration of the 30-
day petition to deny period following the public notice listing of the 
application as being accepted for filing
    (e) Applicants may use the electronic filing procedures to file both 
the Multipoint Distribution Service short-form and long-form 
applications with the Commission.

[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995; 
63 FR 65112, Nov. 25, 1998]



Sec. 21.926  Amendments to long-form applications.

    (a) A Multipoint Distribution Service long-form application may be 
amended as a matter of right up to the date of the public notice 
announcing the application has been accepted for filing provided that:
    (1) The proposed amendments do not amount to more than a pro forma 
change of ownership and control;
    (2) The Commission has not otherwise forbidden the amendment of 
pending applications.
    (b) Requests to amend a long-form application placed on public 
notice as being accepted for filing may be granted only if a written 
petition demonstrating good cause is submitted and properly served on 
the parties of record.

[60 FR 36555, July 17, 1995]



Sec. 21.927  Sole bidding applicants.

    Where the deadline for filing MDS short-form applications has 
expired and a particular BTA service area has been specified in a single 
short-form application only, the applicant shall be named the auction 
winner for that BTA authorization.

[60 FR 36555, July 17, 1995]



Sec. 21.928  Acceptability of short- and long-form applications.

    The acceptability of short- and long-form applications will be 
determined according to the requirements of Secs. 21.13, 21.15, 21.20, 
21.21 and 21.952.

[60 FR 36555, July 17, 1995]



Sec. 21.929  Authorization period for station licenses.

    (a)(1) A BTA authorization will be granted for a term of ten years, 
terminating ten years from the date of the Commission declared bidding 
closed in the MDS auction.
    (2) A BTA authorization shall automatically terminate without 
further notice to the licensee upon expiration of the ten-year license 
term unless prior thereto an application for renewal of such license has 
been filed with the Commission.
    (b) Notwithstanding Sec. 21.45, each new MDS station licensed within 
a BTA or PSA will be granted for a term of ten years, terminating ten 
years from the date the Commission declared bidding closed in the MDS 
auction.

[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]

[[Page 95]]



Sec. 21.930  Five-year build-out requirements.

    (a)(1) A BTA authorization holder has a five-year build-out period, 
beginning on the date of the grant of the BTA authorization and 
terminating on the 5th year anniversary of the grant of the 
authorization, within which it may develop and expand MDS station 
operations within its service area.
    (2) This period is not extended by the grant of subsequent 
authorizations (i.e., grant of a station license or modification).
    (3) Timely certifications of completion of construction for each MDS 
station within a BTA or partitioned service area must be filed upon 
completion of construction of a station.
    (b) Each BTA authorization holder has the exclusive right to build, 
develop, expand and operate MDS stations within its BTA service area 
during the five-year build-out period. The Commission will not accept 
competing applications for MDS station licenses within the BTA service 
area during this period.
    (c)(1) Within five years of the grant of a BTA authorization, the 
authorization holder must construct MDS stations to provide signals 
pursuant to Sec. 21.907 that are capable of reaching at least two-thirds 
of the population of the applicable service area, excluding the 
populations within protected service areas of incumbent stations.
    (2) Sixty days prior to the end of the five-year build out period, 
the BTA authorization holder must file with the Commission proof that 
demonstrates the holder has met the requirements of Sec. 21.930(c)(1). 
The most recent census figures available from the U.S. Department of 
Commerce, Bureau of Census prior to the expiration of the authorization 
holder's five-year build-out period will be used to determine compliance 
with population-based requirements. In no event shall census figures 
gathered prior to 1990 be used.
    (d)(1) If the Commission finds that the BTA authorization holder has 
demonstrated that it has met the requirements of Sec. 21.930(c)(1), the 
Commission will issue a declaration that the holder has met such 
requirements.
    (2) If the Commission finds that the BTA authorization holder has 
not provided a signal as required in Sec. 21.930(c)(1), the Commission 
shall partition from the BTA any unserved area, using county lines as a 
guide, and shall re-authorize service to the unserved area pursuant to 
the MDS competitive bidding procedures of this subpart. Applications for 
such unserved areas are not acceptable for filing until a filing date is 
announced through a public notice.
    (i) The competitive bidding procedures set forth in Secs. 21.950 to 
21.961 shall be followed by applicants seeking authority to provide MDS 
service to the unserved partitioned area.
    (ii) The BTA authorization holder originally authorized to provide 
service is ineligible to participate in the competitive bidding process 
for the unserved areas partitioned from its BTA.

[60 FR 36555, July 17, 1995]



Sec. 21.931  Partitioned service areas (PSAs).

    (a)(1) The holder of a BTA authorization may enter into contracts 
with eligible parties to partition any portion of its service area 
according to county boundaries, or according to other geopolitical 
subdivision boundaries, or multiple contiguous counties or geopolitical 
subdivisions within the BTA service area.
    (2)(i) Partitioning contracts must be filed with the Commission 
within 30 days of the date that such agreements are reached.
    (ii) The contracts must include descriptions of the areas being 
partitioned and include any documentation necessary to convey to the 
Commission the precise boundaries of the partitioned area.
    (3) Parties to partitioning contracts must file concurrently with 
such contracts one of the following, where appropriate:
    (i) An MDS long-form application for authority to operate a new MDS 
station within the PSA;
    (ii) Applications for assignment or transfer of existing stations 
with the PSA; or
    (iii) A statement of intention as defined in Sec. 21.956(a) along 
with a completed FCC Form 430.

[[Page 96]]

    (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 
pending long-form applications are filed. Pending long-form applications 
filed by the previous authorization holder for transmitter sites within 
the PSA may also be dismissed without prejudice at the applicant's 
request.
    (d) Authorizations for PSAs will be issued in accordance with 
Sec. 21.958; however, when individual stations within an PSA are 
assigned along with the partitioned area, the authorization will be 
granted concurrently with the grant of the applications for assignment 
and transfer of the existing stations.
    (e) Subsequent to issuance of the authorization for a PSA, thee 
partitioned area will be treated as a separate protected service area.
    (f)(1) When any area within a BTA becomes a PSA, the remaining 
counties and other geopolitical subdivisions within that BTA will also 
be subsequently treated and classified as a PSA(s).
    (2) At the time a BTA is partitioned, the Commission shall cancel 
the BTA authorization initially issued and issue a PSA authorization to 
the former BTA authorization holder.
    (g) The duties and responsibilities imposed upon BTA authorization 
holders in this part and throughout the Commission's rules, such as 
Sec. 21.930(c)(1), apply to the holders of PSA authorizations.
    (h) The build-out period for PSAs voluntarily partitioned shall be 
the remainder of the five-year build-out period applicable to the BTA or 
PSA from which the PSA was drawn. For PSA authorizations issued pursuant 
to Sec. 21.930(d)(2) and the competitive bidding process, the build-out 
period is five years, beginning on the date of the grant of the PSA 
authorization. The requirements of Sec. 21.930(c)(1) also apply to the 
holders of authorizations for PSAs.

[60 FR 36556, July 17, 1995]



Sec. 21.932  Forfeiture of incumbent MDS station licenses.

    (a) If the license for a incumbent MDS station is forfeited, absent 
the filing and grant of a petition for reinstatement pursuant to 
Sec. 21.44(b), the 56.33 km (35 mile) protected service area of the 
incumbent station shall dissolve and the protected service area shall 
become part of the BTA or PSA surrounding it.
    (b) If upon forfeiture the protected service area of a forfeited 
license extends across the boundaries of more than one BTA or PSA, the 
portions of the protected service area of the incumbent station shall 
merge with the overlapping BTAs or PSAs.
    (c) The holder of the authorization for the BTA or PSA with which 
the service area of the forfeited incumbent station has merged has the 
exclusive right to file a long-form application to operate a station 
within the merged area and may modify the locations of its stations to 
serve the forfeited area.

[60 FR 36556, July 17, 1995]



Sec. 21.933  Protected service areas.

    (a) The stations licensed to the holder of a BTA authorization shall 
have a protected service area that is coterminous with the boundaries of 
that BTA, subject to the exclusion of the 56.33 km (35 mile) protected 
service area of incumbent MDS stations and of previously proposed and 
authorized ITFS facilities within that BTA, even if these protected 
service areas extend into adjacent BTAs. The protected service area also 
includes registered receive sites.
    (b) The stations licensed to the holder of a PSA authorization shall 
have a protected service area that is coterminous with the boundaries of 
the counties or other geopolitical subdivisions comprising the PSA, 
subject to the exclusion of the 56.33 km (35 mile) protected service 
area of incumbent MDS stations and of previously proposed and authorized 
ITFS facilities within that

[[Page 97]]

PSA, even if these protected service areas extend into adjacent BTAs. 
The protected service area also includes registered receive sites.

[60 FR 57367, Nov. 15, 1995]



Sec. 21.934  Assignment or transfer of control of BTA authorizations.

    (a)(1) A BTA or PSA authorization holder seeking approval for a 
transfer of control or assignment of its authorization within three 
years of receiving such authorization through a competitive bidding 
procedure must, together with its application for transfer of control or 
assignment, file with the Commission a statement indicating that its 
authorization was obtained through competitive bidding.
    (2) Such applicant must also file with the Commission the associated 
contracts for sale, option agreements, management agreements, or other 
documents disclosing the total consideration that the applicant would 
receive in return for the transfer or assignment of its authorization. 
This information should include not only a monetary price, but also any 
future, contingent, in-kind, or other consideration (e.g., management or 
consulting contracts either with or without an option to purchase; below 
market financing).
    (b) Transfers of control or assignments of BTA or PSA authorizations 
are subject to the limitations of Secs. 21.4, 21.900 and 21.912 of this 
subpart.
    (c) The anti-trafficking provision of Sec. 21.39 does not apply to 
the assignment or transfer of control of a BTA or PSA authorization, 
which was granted pursuant to the Commission's competitive bidding 
procedures.

[60 FR 36556, July 17, 1995]



Sec. 21.935  Assignment or transfer of control of station licenses within a BTA.

    Licenses for individual stations within a BTA or PSA area issued to 
authorization holders may not be transferred or assigned unless they are 
acquired as part of a PSA.

[60 FR 36557, July 17, 1995]



Sec. 21.936  Cancellation of authorization.

    (a) The Commission may revoke or cancel a BTA or PSA authorization 
for gross misconduct, misrepresentation or bad faith on the part of the 
authorization holder.
    (b) Cancellation of a BTA or PSA authorization shall result in 
termination of any rights the authorization holder holds in individual 
proposed or authorized stations within the BTA or PSA.

[60 FR 36557, July 17, 1995]



Sec. 21.937  Negotiated interference protection.

    (a) The level of acceptable electromagnetic interference that occurs 
at or within the boundaries of BTAs, PSAs, or an incumbent MDS station's 
56.33 km (35 mile) protected service area can be negotiated and 
established by an agreement between the appropriate parties, provided 
that:
    (1) The parties to such an agreement file with the Commission a 
written statement of no objection, acknowledging that the parties have 
agreed to accept a level of interference that does not meet the 
protection standards set forth in Secs. 21.902 or 21.938 of the 
Commission's rules;
    (2) The statement bears the signatures of all parties to the 
agreement, or the signatures of their representative agents; and
    (3) The statement is filed with the Commission within 30 days of its 
ratification or file in conjunction with an application with which the 
agreement is associated, whichever is earliest.

[60 FR 36557, July 17, 1995]



Sec. 21.938  BTA and PSA technical and interference provisions.

    (a) BTA or PSA authorization holders are expected to cooperate with 
one another by designing their stations in a manner that protects 
service in adjoining BTAs and PSAs including consideration of 
interference abatement techniques such as cross polarization, frequency 
offset, directional antennas, antenna beam tilt, EIRP decrease, 
reduction of antenna height, and terrain shielding.
    (b) Unless the affected parties have executed a written interference 
agreement in accordance with Sec. 21.937, and subject to the provisions 
of Secs. 21.909, 21.913, 21.949, 74.939 of this chapter, 74.949 of this 
chapter and 74.985 of this

[[Page 98]]

chapter regarding the protection of response station hubs, booster 
service areas and 125 kHz channels from harmful electromagnetic 
interference, stations licensed to a BTA or PSA authorization holder 
must not cause harmful electromagnetic interference to the following:
    (1) The protected service area of other authorization holders in 
adjoining BTAs or PSAs.
    (2) The 56.33 km (35 mile) protected service areas of authorized or 
previously proposed MDS stations (incumbents).
    (3) Registered receive sites and protected service areas of 
authorized or previously proposed stations in the Instructional 
Television Fixed Service pursuant to the manner in which interference is 
defined in Sec. 74.903(a).
    (c)(1) ITFS applicants may locate a new station in an unused portion 
of a BTA or PSA where interference to a previously-proposed or 
authorized MDS station of a BTA or PSA authorization holder would not be 
predicted.
    (2) With respect to ITFS applications only and for purposes of 
determining the existence of harmful electromagnetic interference as 
caused to MDS stations licensed to BTA or PSA authorization holders by 
subsequently proposed ITFS stations within that BTA, MDS stations 
licensed to BTA and PSA authorization holders and will have a protected 
service area of 56.33 km (35 miles), centered on the antenna site of the 
MDS stations.
    (3) The 56.33 km (35 mile) protected service area afforded to a 
previously-proposed or authorized MDS station of a BTA or PSA 
authorization holder with respect to a subsequently proposed ITFS 
station is entitled to the interference protection standards of 
Sec. 21.902.
    (4) An ITFS station authorized before September 15, 1995 may be 
modified, provided the power flux density of that station does not 
exceed -73 dBW/m\2\ (or the appropriate value for bandwidth other than 6 
MHz) at locations along the 56.33 km (35 mile) circle centered on the 
then-existing transmitting antenna site or service area of a collocated 
incumbent MDS station, as applicable.
    (d) Unless the affected parties have executed a written interference 
agreement in accordance with Sec. 21.937, it shall be the responsibility 
of a BTA or PSA authorization holder to correct at its expense any 
condition of harmful electromagnetic interference caused to authorized 
MDS service at locations within other BTAs or PSAs or within the 56.33 
km (35 mile) protected service areas of authorized or previously 
proposed ITFS and MDS stations (incumbents), or at authorized or 
previously proposed ITFS receive sites.
    (e) Unless specifically excepted, BTA or PSA authorization holders 
are governed by the interference protection and other technical 
provisions applicable to MDS.
    (f) The calculated free space power flux density from an MDS 
station, other than an incumbent MDS station, may not exceed -73 dBW/
m\2\ (or the appropriate value for bandwidth other than 6 MHz) 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 affected BTA or PSA.
    (g)(1) Authorization holders for BTAs or PSAs must notify 
authorization holders of adjoining areas of their application filings 
for new or modified stations; provided the proposed facility would 
produce an unobstructed signal path anywhere within the adjoining BTA or 
PSA.
    (2) This service of written notification must include a copy of the 
FCC application and occur on or before the date the application is filed 
with the Commission.
    (3) With regard to incumbent MDS stations, authorization holders for 
BTAs or PSAs must comply with the requirements of Sec. 21.902.
    (h) Where a PSA adjoins a BTA and both authorizations are held by 
the same individual or entity, the PSA shall be considered an extension 
of the protected service area of the BTA regarding the interference 
protection, limiting signal strength, and notification provisions of 
this section.

[60 FR 36557, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995; 
63 FR 65112, Nov. 25, 1998; 64 FR 63737, Nov. 22, 1999]

[[Page 99]]



Sec. 21.939  Harmful interference abatement.

    In the event harmful interference occurs or appears to occur, after 
notice and an opportunity for a hearing, Commission staff may require 
any Multipoint Distribution Service conditional licensee or licensee to:
    (a) Modify the station to use cross polarization, frequency offset 
techniques, directional antenna, antenna beam tilt, or
    (b) Order an equivalent isotropically radiated power decrease, a 
reduction of transmitting antenna height, a change of antenna location, 
a change of antenna radiation pattern, or a reduction in aural signal 
power.

[60 FR 36557, July 17, 1995]



Sec. 21.940  Non-subscription MDS service.

    The Commission must be notified, and prior Commission approval 
obtained, before Multipoint Distribution Service or Multichannel 
Multipoint Distribution Service may be provided on a non-subscription 
basis.

[63 FR 29668, June 1, 1998]



Secs. 21.941-21.948  [Reserved]



Sec. 21.949  Individually licensed 125 kHz channel MDS response stations.

    (a) The provisions of Sec. 21.909(a), (e), (h), (j), (l) and (m) and 
Sec. 74.939(j) of this chapter shall also apply with respect to 
authorization of 125 kHz channel MDS response stations not authorized 
under a response station hub license. The applicant shall comply with 
the requirements of Sec. 21.902 and Sec. 21.938 where appropriate, as 
well as with the provisions of Secs. 21.909, 21.913, 74.939 and 74.985 
of this chapter regarding the protection of response stations hubs and 
booster (and primary) service areas from harmful electromagnetic 
interference, using the appropriately adjusted interference protection 
values based upon the ratios of the bandwidths involved.
    (b) An application for a license to operate a new or modified 125 
kHz channel MDS response station not under a response station hub 
license shall be filed with Mellon Bank on FCC Form 331. The applicant 
shall supply the following information and certification on that form 
for each response station:
    (1) The geographic coordinates and street address of the MDS 
response station transmitting antenna; and
    (2) The manufacturer's name, type number, operating frequency, and 
power output of the proposed MDS response station transmitter; and
    (3) The type of transmitting antenna, power gain, azimuthal 
orientation and polarization of the major lobe of radiation in degrees 
measured clockwise from True North; and
    (4) A sketch giving pertinent details of the MDS response station 
transmitting antenna installation including ground elevation of the 
transmitter site above mean sea level; overall height above ground, 
including appurtenances, of any ground-mounted tower or mast on which 
the transmitting antenna will be mounted or, if the tower or mast is or 
will be located on an existing building or other manmade structure, the 
separate heights above ground of the building and the tower or mast 
including appurtenances; the location of the tower or mast on the 
building; the location of the transmitting antenna on the tower or mast; 
and the overall height of the transmitting antenna above ground.
    (5) A certification that all licensees and applicants appropriately 
covered under the provisions of (a), above, have been served with copies 
of the application.
    (c) Each MDS response station licensed under this section shall 
comply with the following:
    (1) No MDS response station shall be located beyond the protected 
service area of the MDS station with which it communicates; and
    (2) No MDS response station shall operate with a transmitter output 
power in excess of 2 watts; and
    (3) No MDS response station shall operate at an excess of 16 dBW 
EIRP.
    (d) During breaks in communications, the unmodulated carrier 
frequency of an analog transmission shall be maintained within 35 kHz of 
the assigned frequency at all times. Adequate means shall be provided to 
insure compliance with this rule.

[[Page 100]]

    (e) Each MDS response station shall employ a directive transmitting 
antenna oriented towards the transmitter site of the associated MDS 
station or towards the response station hub with which the MDS response 
station communicates. The beamwidth between half power points shall not 
exceed 15 deg. and radiation in any minor lobe of the antenna radiation 
pattern shall be at least 20 dB below the power in the main lobe of 
radiation.
    (f) A response station may be operated unattended. The overall 
performance of the response station transmitter shall be checked by the 
licensee of the station or hub receiving the response signal, or by the 
licensee's employees or agents, as often as necessary to ensure that the 
transmitter is functioning in accordance with the requirements of the 
Commission's rules. The licensee of the station or hub receiving the 
response signal is responsible for the proper operation of the response 
station and must have reasonable and timely access to the response 
station transmitter. The response station shall be installed and 
maintained by the licensee of the associated station or hub, or the 
licensee's employees or agents, and protected in such manner as to 
prevent tampering or operation by unauthorized persons. No response 
station which has not been installed by an authorized person may 
lawfully communicate with any station or hub.

[63 FR 65112, Nov. 25, 1998; 64 FR 4055, Jan. 27, 1999, as amended at 64 
FR 63737, Nov. 22, 1999]

    Effective Date Note: At 63 FR 65112, Nov. 25, 1998, Sec. 21.949 was 
added. Paragraphs (b) and (f) contain information and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 21.950  MDS subject to competitive bidding.

    Mutually exclusive MDS initial applications are subject to 
competitive bidding. The general procedures set forth in 47 CFR chapter 
I, part 1, subpart Q are applicable to competitive bidding proceedings 
used to select among mutually exclusive MDS applicants, unless otherwise 
provided in 47 CFR chapter I, part 21, subpart K.

[60 FR 36557, July 17, 1995]



Sec. 21.951  MDS competitive bidding procedures.

    (a) The following competitive bidding procedures will generally be 
used in MDS auctions. Additional, specific procedures may be set forth 
by public notice. The Commission may also design and test alternative 
procedures. See 47 CFR 1.2103 and 1.2104.
    (1) Competitive bidding design. Simultaneous multiple round bidding 
will be used in MDS auctions, unless the Commission specifies by public 
notice the use of sequential oral (open outcry) bidding or sealed 
bidding (either sequential or simultaneous). Combinatorial bidding may 
also be used with any type of auction design.
    (2) Competitive bidding mechanisms. The Commission may utilize the 
following mechanisms in MDS auctions:
    (i) Sequencing. The Commission will establish and may vary the 
sequence in which the BTA service areas will be auctioned.
    (ii) Grouping. In the event the Commission uses either a 
simultaneous multiple round competitive bidding design or combinational 
bidding, the Commission will determine which BTA service areas will be 
auctioned simultaneously or in combination.
    (iii) Reservation price. The Commission may establish a reservation 
price, either disclosed or undisclosed, below which a BTA service area 
subject to auction will not be awarded.
    (iv) Minimum bid increments. The Commission will, by announcement 
before or during an MDS auction, require minimum bid increments in 
dollar or percentage terms.
    (v) Stopping rules. The Commission will establish stopping rules 
before or during multiple round MDS auctions in order to terminate an 
auction within a reasonable time.
    (vi) Activity Rules. The Commission will establish activity rules 
which require a minimum amount of bidding activity. In the event that 
the Commission establishes an activity rule in connection with a 
simultaneous multiple round auction, the Commission will allow bidders 
to request and to receive automatically waivers of such rule, the number 
of which will be determined by the Commission.

[[Page 101]]

    (vii) Suggested minimum bid. The Commission may establish suggested 
minimum bids on each BTA service area subject to auction. Bids below the 
suggested minimum bid would count as activity under the activity rule 
only if no bids at or above the suggested minimum bid are received.
    (b) Identities of bidders. The Commission will generally release 
information concerning the identities of bidders before each auction but 
may choose, on an auction-by-auction basis, to withhold the identity of 
the bidders associated with bidder identification numbers. The 
Commission will announce by public notice before the MDS auction where 
the bidders' identities will be revealed.
    (c) Commission control of auction. The Commission may delay, 
suspend, or cancel an MDS auction in the event of a natural disaster, 
technical obstacle, evidence of security breach, unlawful bidding 
activity, administrative necessity, or for any other reason that affects 
the fair and efficient conduct of the competitive bidding. The 
Commission also has the authority, at its sole discretion, to resume the 
competitive bidding starting from the beginning of the current or some 
previous round or cancel the competitive bidding in its entirety.

[60 FR 36557, July 17, 1995]



Sec. 21.952  Bidding application procedures.

    (a) Short-form applications. To participate in MDS auctions, all 
applicants must submit short-form applications, along with all required 
certifications and exhibits specified by such forms, pursuant to the 
provisions of Sec. 1.2105(a) and any Commission public notices. See 47 
CFR 1.2105(a).
    (b) Filing of short-form applications. Prior to any MDS auction, the 
Commission will issue a public notice announcing the availability of BTA 
service areas and, in the event that mutually exclusive short-form 
applications (as defined by Sec. 21.925(a)(2)) are filed, the date of 
the auction for those BTA service areas. This public notice also will 
specify the date on or before which applicants intending to participate 
in an MDS auction must file their short-form applications in order to be 
eligible for that auction, and it will contain information necessary for 
completion of the application as well as other important information 
such as the material which must accompany the forms, any filing fee that 
must accompany the application or any upfront payment that will need to 
be submitted, and the location where the application must be filed.
    (c) Modification and dismissal of short-form applications.
    (1) Any short-form application that is not signed in some manner or 
form, including by electronic means, and does not contain all requisite 
certifications is unacceptable for filing and cannot be corrected 
subsequent to any applicable filing deadline. Such short-form 
application will be dismissed with prejudice.
    (2) The Commission will provide bidders a limited opportunity to 
cure certain defects specified herein and to resubmit an amended short-
form application. For MDS, we classify all amendments to a short-form 
application as major, except those to correct minor errors or defects, 
such as typographical errors, or those to reflect ownership changes or 
formation of bidding consortia or joint bidding arrangements 
specifically permitted under Sec. 21.953. A short-form application may 
be modified to make minor amendments. However, applicants who fail to 
correct defects in their short-form applications in a timely manner as 
specified by public notice will have their applications dismissed with 
no opportunity for resubmission.
    (3) A short-form application will be considered to be a newly filed 
application if it is amended by a major amendment and may not be 
resubmitted after applicable filing deadlines.

[60 FR 36558, July 17, 1995]



Sec. 21.953  Prohibition of collusion.

    (a) Except as provided in paragraphs (b), (c) and (d) of this 
section, after the filing of short-form applications, all applicants in 
an MDS auction are prohibited from cooperating, collaborating, 
discussing or disclosing in any manner the substance of their bids or 
bidding strategies, or discussing or negotiating settlement agreements, 
with other applicants until after the winning bidder makes the required 
down

[[Page 102]]

payment, unless such applicants are members of a bidding consortium or 
other joint bidding arrangement identified on the applicant's short-form 
application. Communications among applicants concerning matters 
unrelated to the MDS auction will be permitted after the filing of 
short-form applications.
    (b) Applicants may modify their short-form applications to reflect 
formation of consortia or changes in ownership at any time before or 
during an auction, provided such changes do not result in a change in 
control of the applicant, and provided that the parties forming 
consortia or entering into ownership agreements have not applied for the 
same BTA service area.
    (c) After the filing of short-form applications, applicants may make 
agreements to bid jointly for BTA service areas, provided the parties to 
the agreement have not applied for the same service areas.
    (d) After the filing of short-form applications, a holder of a non-
controlling attributable interest in an entity submitting a short-form 
application may, under the circumstances specified in Sec. 1.2105(c)(4), 
acquire an ownership interest in, form a consortium with, or enter into 
a joint bidding arrangement with, other applicants for the same BTA 
service areas. See 47 CFR 1.2105(c)(4).
    (e) To reflect the changes in ownership or in the membership of 
consortia or joint bidding arrangements specified in paragraphs (b), (c) 
and (d) of this section, applicants must amend their short-form 
applications by submitting a revised short-form application, filed 
within two business days of any such change; such modifications will not 
be considered major amendments of the applications within the meaning of 
Sec. 21.952(c)(2). However, any amendment which results in the change of 
control of an applicant will be considered a major amendment of the 
short-form.
    (f) For purposes of this section, the terms ``applicant'' and ``bids 
or bidding strategies'' are defined as set forth in 47 CFR 1.2105(c)(5).

[60 FR 36558, July 17, 1995]



Sec. 21.954  Submission of up front payments.

    (a) The Commission will require applicants to submit an upfront 
payment prior to the MDS auction. The amount of the upfront payment for 
each BTA service area being auctioned and the procedures for submitting 
it will be set forth in a public notice. Upfront payments may be made by 
wire transfer or by cashier's check drawn in U.S. dollars from a 
financial institution whose deposits are insured by the Federal Deposit 
Insurance Corporation and must be made payable to the Federal 
Communications Commission. No interest will be paid on upfront payments.
    (b) For MDS auctions, the Commission will require each applicant to 
submit an upfront payment equal to the largest combination of activity 
units (as defined in the Commission's activity rules established 
pursuant to Sec. 21.951(a)(2)(vi)) associated with the BTAs on which the 
applicant anticipates being active in any single round or bidding. 
Applicants who are small businesses eligible for reduced upfront 
payments will be required to submit an upfront payment amount in 
accordance with Sec. 21.960(c). If an upfront payment is not in 
compliance with the Commission's rules, or if insufficient funds are 
tendered to constitute a valid upfront payment, the applicant shall have 
a limited opportunity to correct its submission to bring it up to the 
minimum valid upfront payment prior to the auction. An applicant who 
fails to submit a sufficient upfront payment to qualify it to bid on any 
BTA service area being auctioned will be ineligible to bid, its 
application will be dismissed, and any upfront payment it has made will 
be returned.
    (c) The upfront payment(s) of a bidder will be credited toward any 
down payment required for the BTA service areas on which the bidder is 
the winning bidder. Where the upfront payment amount exceeds the 
required down payment of a winning bidder, the Commission may refund the 
excess amount after determining that no bid withdrawal payments are 
owned by that bidder. In the event a payment is assessed pursuant to 
Sec. 21.959(a) for bid withdrawal or default, upfront payments or down 
payments on deposit

[[Page 103]]

with the Commission will be used to satisfy the bid withdrawal or 
default payment before being applied toward any additional payment 
obligations that the winning bidder may have.

[60 FR 36559, July 17, 1995]



Sec. 21.955  Submission of down payments.

    (a) After bidding has ended on all BTA service areas, the Commission 
will identify and notify the winning bidders and declare the bidding 
closed in the MDS auction. Within five (5) business days after being 
notified that it is a winning bidder on a particular BTA service 
area(s), a winning bidder must submit to the Commission's lockbox bank 
such additional funds as are necessary to bring its total deposits 
(upfront payment plus down payment) up to twenty (20) percent of its 
winning bid(s). This down payment may be made by wire transfer or by 
cashier's check in U.S. dollars from a financial institution whose 
deposits are insured by the Federal Deposit Insurance Corporation and 
must be made payable to the Federal Communications Commission.
    (b) Winning bidders who are small businesses eligible for 
installment payments under Sec. 21.960(b) are only required to bring 
their total deposits up to ten (10) percent of their winning bids. Such 
small businesses must pay the remainder of the twenty (20) percent down 
payment within five (5) business days following release of the public 
notice stating that their BTA authorizations are ready to be issued.
    (c) Down payments will be held by the Commission until the winning 
bidder has been issued its BTA authorization and has paid the remaining 
balance of its winning bid, in which case it will not be returned, or 
until the winning bidder is found unqualified to be a station licensee 
or has defaulted, in which case it will be returned, less applicable 
default payments. No interest will be paid on any down payment.

[60 FR 36559, July 17, 1995]



Sec. 21.956  Filing of long-form applications or statements of intention.

    (a)(1) Within 30 business days of being notified of its status as a 
winning bidder, each winning bidder for a BTA service area will be 
required to submit either:
    (i) An initial long-form application for an MDS station license, 
along with any required exhibits; or
    (ii) A statement of intention with regard to the BTA service area, 
along with any required exhibits, showing the encumbered nature of the 
BTA, identifying all previously authorized or proposed MDS and ITFS 
facilities, and describing in detail the winning bidder's plan for 
obtaining the previously authorized and/or proposed MDS stations within 
the BTA.
    (2) A winning bidder that fails to submit either the initial long-
form application or statement of intention as required under this 
section, and fails to establish good cause for any late-filed 
application or statement, shall be deemed to have defaulted and will be 
subject to the payments set forth in Sec. 21.959(a).
    (b) Each initial long-form application for an MDS station license 
within an auction winner's BTA service area, and each statement of 
intention with regard to an auction winner's BTA service area, must also 
include the following:
    (1) FCC Form 430;
    (2) An exhibit detailing the terms and conditions and parties 
involved in any bidding consortia, joint venture, partnership or other 
agreement or arrangement the winning bidder had entered into relating to 
the competitive bidding process prior to the time bidding was completed 
(see 47 CFR 1.207(d));
    (3) An exhibit complying with 47 CFR 1.2110(i) and 21.960(e), if the 
winning bidder submitting the long-form application or statement of 
intention claims status as a designated entity.
    (c) Subsequent long-form applications for additional MDS station 
licenses within the BTA service areas of winning bidders may be 
submitted at any time during the five year build-out period and need not 
contain the exhibits specified in paragraphs (b)(2) through (3) of this 
section.

[60 FR 36559, July 17, 1995, as amended at 61 FR 18098, Apr. 24, 1996]]

[[Page 104]]



Sec. 21.957  Petitions to deny against long-from applications; comments on statements of intention.

    (a) Within thirty (30) days after the Commission gives public notice 
that a long-form application for an MDS station license submitted by a 
winning bidder within its BTA service area has been accepted for filing, 
petitions to deny that application may be filed. Any such petitions and 
oppositions thereto must comply with the requirements of 47 CFR 1.2108 
and 21.30.
    (b) Parties wishing to comment on or oppose the issuance of a BTA 
authorization issued in connection with the filing of a statement of 
intention by a winning bidder must do so prior to the Commission's 
issuance of the BTA authorization.

[60 FR 36559, July 17, 1995]



Sec. 21.958  Full payment and issuance of BTA authorizations.

    Each winning bidder, except for small businesses eligible for 
installment payments under Sec. 21.960(b), must pay the balance of its 
winning bid for its BTA service area(s) in a lump sum within five (5) 
business days following the release of the public notice stating that 
the BTA authorization(s) is ready to be issued. A winning bidder who 
submitted a long-form application for an MDS station license within its 
BTA service area pursuant to Sec. 21.956(a) will receive its BTA 
authorization concurrent with the grant of its MDS conditional station 
license within its BTA service area. A winning bidder who submitted a 
statement of intention with regard to its BTA service area pursuant to 
Sec. 21.956(a) will receive its BTA authorization following the 
Commission's review of its statement of intention. The Commission will 
issue a BTA authorization to a winning bidder within ten (10) business 
days following notification of receipt of full payment of the amount of 
the winning bid.

[60 FR 36559, July 17, 1995]



Sec. 21.959  Withdrawal, default and disqualification.

    (a) When the Commission conducts an MDS simultaneous multiple round 
auction, the Commission will impose additional payment requirements on 
bidders who withdraw high bids during the course of an auction, who 
default on down or full payments due after an auction closes, or who are 
disqualified. The withdrawal and default payments set forth below will 
be deducted from any upfront payments or down payments that the 
withdrawing, defaulting or disqualified bidder has deposited with the 
Commission.
    (1) Bid withdrawal prior to close of auction. A bidder who withdraws 
a high bid during the course of an auction will be subject to a payment 
equal to the difference between the amount bid and the amount of the 
winning bid the next time the license is offered by the Commission. No 
withdrawal payment will be assessed if the subsequent winning bid 
exceeds the withdrawn bid.
    (2) Default or disqualification after close of auction. See 
Sec. 1.2104 (g)(2) of this chapter.
    (b) If the Commission were to conduct a sequential oral (open 
outcry) auction or sealed bid auction for MDS, the Commission may modify 
the payments set forth in paragraph (a) of this section to be paid in 
the event of bid withdrawal, default or disqualification; provided, 
however, that such payments shall not exceed the payments specified in 
paragraph (a) of this section.
    (1) In the case of sealed bidding:
    (i) If a bid is withdrawn before the Commission releases the initial 
public notice announcing the winning bidder(s), no bid withdrawal 
payment will be assessed.
    (ii) If a bid is withdrawn after the Commission release the initial 
public notice announcing the winning bidder(s), the bid withdrawal 
payment will be equal to the difference between the high bid amount and 
the amount of the next highest bid. Losing bidders will only be subject 
to this bid withdrawal payment for a period of thirty (30) days after 
the Commission release the initial public notice announcing the winning 
bidders.
    (2) In the case of oral sequential (open outcry) bidding:
    (i) If a bid is withdrawn before the bidder has declared the bidding 
to be closed for the BTA service area bid on, no bid withdrawal payment 
will be assessed.

[[Page 105]]

    (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 their participation in the MDS 
competitive bidding process may be subject, in addition to any other 
applicable sanctions, to loss of their upfront payment, down payment or 
full bid amount, and may be prohibited from participating in future 
auctions.

[60 FR 36560, July 17, 1995, as amended at 63 FR 2348, Jan. 15, 1998]



Sec. 21.960  Designated entity provisions for MDS.

    (a) Designated entities. As specified in this section, designated 
entities that are winning bidders for BTA service areas are eligible for 
special incentives in the auction process. See 47 CFR 1.2110.
    (b) Installment payments. Small businesses and small business 
consortia may elect to pay the full amount of their winning bids for BTA 
service areas in installments over a ten (10) year period running from 
the date that their BTA authorizations are issued.
    (1) Each eligible winning bidder paying for its BTA authorization(s) 
on an installment basis must deposit by wire transfer or cashier's check 
in the manner specified in Sec. 21.955 sufficient additional funds as 
are necessary to bring its total deposits to ten (10) percent of its 
winning bid(s) within five (5) business days after the Commission has 
declared it the winning bidder and closed the bidding. Failure to remit 
the required payment will make the bidder liable for the payments set 
forth in Sec. 21.959(a)(2).
    (2) Within five (5) business days following release of the public 
notice stating that the BTA authorization of a winning bidder eligible 
for installment payments is ready to be issued, the winning bidder shall 
pay another ten (10) percent of its winning bid, thereby commencing the 
eligible bidder's installment payment plan. The Commission will issue 
the BTA authorization to the eligible winning bidder within ten (10) 
business days following notification of receipt of this additional ten 
(10) percent payment. Failure to remit the required payment will make 
the bidder liable for the payments set forth in Sec. 21.959(a)(2).
    (3) Upon issuance of a BTA authorization to a winning bidder 
eligible for installment payments, the Commission will notify such 
eligible BTA authorization holder of the terms of its installment 
payment plan. For MDS, such installment payment plans will:
    (i) Impose interest based on the rate of ten (10) year U.S. Treasury 
obligations at the time of issuance of the BTA authorization, plus two 
and one half (2.5) percent;
    (ii) Allow installment payments for a ten (10) year period running 
from the date that the BTA authorization is issued;
    (iii) Begin with interest-only payments for the first two (2) years; 
and
    (iv) Amortize principal and interest over the remaining years of the 
ten (10) year period running from the date that the BTA authorization is 
issued.

[[Page 106]]

    (4) Conditions and obligations. See Sec. 1.2110(f)(4) of this 
chapter.
    (5) Unjust enrichment. (i) If an eligible BTA authorization holder 
that utilizes installment financing under this paragraph seeks to assign 
or transfer control of its BTA authorization to an entity not meeting 
the eligibility standards for installment payments, the holder must make 
full payment of the remaining unpaid principal and any unpaid interest 
accrued through the date of assignment or transfer as a condition of 
approval. If an eligible BTA authorization holder that utilizes 
installment financing under this subsection seeks to partition, pursuant 
to Sec. 21.931, a portion of its BTA containing one-third or more of the 
population of the area within its control in the licensed BTA to an 
entity not meeting the eligibility standards for installment payments, 
the holder must make full payment of the remaining unpaid principal and 
any unpaid interest accrued through the date of partition as a condition 
of approval.
    (ii) If a BTA authorization holder that utilizes installment 
financing under this subsection seeks to make any change in ownership 
structure that would result in the holder losing eligibility for 
installment payments, the holder shall first seek Commission approval 
and must make full payment of the remaining unpaid principal and any 
unpaid interest accrued through the date of the change in ownership 
structure as a condition of approval. Increases in gross revenues that 
result from revenues from operations, business development or expanded 
service shall not be considered changes in ownership structure under 
this paragraph.
    (c) Reduced upfront payments. A prospective bidder that qualifies as 
a small business, or as a small business consortia, is eligible for a 
twenty-five (25) percent reduction in the amount of the upfront payment 
required by Sec. 21.954. To be eligible to bid on a particular BTA, a 
small business will be required to submit an upfront payment equal to 
seventy-five (75) percent of the upfront payment amount specified for 
that BTA in the public notice listing the upfront payment amounts 
corresponding to each BTA service area being auctioned.
    (d) Bidding credits. A winning bidder that qualifies as a small 
business, or as a small business consortia, may use a bidding credit of 
fifteen (15) percent to lower the cost of its winning bid on any of the 
BTA authorizations awarded in the MDS auction.
    (1) Unjust enrichment. See Sec. 1.2111 of this chapter.
    (2) [Reserved]
    (e) Short-form application certification; Long-form application or 
statement of intention disclosure. An MDS applicant claiming designated 
entity status shall certify on its short-form application that it is 
eligible for the incentives claimed. A designated entity that is a 
winning bidder for a BTA service area(s) shall, in addition to 
information required by Sec. 21.956(b), file an exhibit to either its 
initial long-form application for an MDS station license, or to its 
statement of intention with regard to the BTA, which discloses the gross 
revenues for each of the past three years of the winning bidder and its 
affiliates. This exhibit shall describe how the winning bidder claiming 
status as a designated entity satisfies the designated entity 
eligibility requirements, and must list and summarize all agreements 
that affect designated entity status, such as partnership agreements, 
shareholder agreements, management agreements and other agreements, 
including oral agreements, which establish that the designated entity 
will have both de facto and de jure control of the entity. See 47 CFR 
1.2110(i).
    (f) Records maintenance. All holders of BTA authorizations acquired 
by auction that claim designated entity status shall maintain, at their 
principal place of business or with their designated agent, an updated 
documentary file of ownership and revenue information necessary to 
establish their status. Holders of BTA authorizations or their 
successors in interest shall maintain such files for a ten (10) year 
period running from the date that their BTA authorizations are issued. 
The files must be made available to the Commission upon request.
    (g) Audits. BTA authorization holders claiming eligibility under 
designated entity provisions shall be subject to audits by the 
Commission, using in-

[[Page 107]]

house or contract resources. Selection for an audit may be random, on 
information, or on the basis of other factors. Consent to such audits is 
part of the certification included in the short-form application. Such 
consent shall include consent to the audit of the holders' books, 
documents and other material (including accounting procedures and 
practices), regardless of form or type, sufficient to confirm that such 
holders' representations are, and remain, accurate. Such consent shall 
also include inspection at all reasonable times of the facilities, or 
parts thereof, engaged in providing and transacting business or keeping 
records regarding licensed MDS offerings, and shall also include consent 
to the interviewing of principals, employees, customers, and suppliers 
of the BTA authorization holders.

[60 FR 36560, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995; 
63 FR 2348, Jan. 15, 1998]



Sec. 21.961  Definitions applicable to designated entity provisions.

    (a) Scope. The definitions in this section apply to Sec. 21.960, 
unless otherwise specified in that section.
    (b) Small business; consortium of small businesses.
    (1) A small business is an entity that together with its affiliates 
has average annual gross revenues that are not more than $40 million for 
the preceding three calendar years.
    (2) Aggregation of gross revenues.
    (i) Except as specified in paragraph (b)(2)(ii) of this section, the 
gross revenues of the applicant (or BTA authorization holder) and its 
affiliates shall be considered on a cumulative basis and aggregated for 
purposes of determining whether the applicant (or holder) is a small 
business.
    (ii) Where an applicant (or BTA authorization holder) is a 
consortium of small businesses, the gross revenues of each small 
business shall not be aggregated.
    (3) A small business consortium is a conglomerate organization 
formed as a joint venture between mutually-independent business firms, 
each of which individually satisfies the definition of a small business.
    (c) Gross revenues shall mean all income received by an entity, 
whether earned or passive, before any deductions are made for costs of 
doing business (e.g., cost of goods sold), as evidenced by audited 
financial statements for the preceding relevant number of calendar 
years, or, if audited financial statements were not prepared on a 
calendar-year basis, for the preceding relevant number of fiscal years. 
If an entity was not in existence for all or part of the relevant 
period, gross revenues shall be evidenced by the audited financial 
statements of the entity's predecessor-in-interest or, if there is no 
identifiable predecessor-in-interest, unaudited financial statements 
certified by the applicant as accurate.
    (d) The definition of an affiliate of an applicant is set forth in 
47 CFR 1.2110(b)(4).

[60 FR 36562, July 17, 1995, as amended at 60 FR 57368, Nov. 15, 1995]



PART 22--PUBLIC MOBILE SERVICES--Table of Contents




                     Subpart A--Scope and Authority

Sec.
22.1  Basis and purpose.
22.3  Authorization required.
22.5  Citizenship.
22.7  General eligibility.
22.13  Long-form application (FCC Form 601).
22.99  Definitions.

            Subpart B--Licensing Requirements and Procedures

                     Applications and Notifications

22.107  General application requirements.
22.131  Procedures for mutually exclusive applications.
22.143  Construction prior to grant of application.
22.150  Standard pre-filing technical coordination procedure.
22.157  Distance computation.
22.159  Computation of average terrain elevation.
22.161  Application requirements for ASSB.
22.165  Additional transmitters for existing systems.
22.169  Internal coordination of channel assignments.

                     Competitive Bidding Procedures

22.201  Scope of competitive bidding rules.
22.203  Competitive bidding design for paging licensing.
22.205  Competitive bidding mechanisms.

[[Page 108]]

22.207  Withdrawal, default, and disqualification payments.
22.209  Bidding applications (FCC Form 175 and 175-S Short-form).
22.211  Submission of upfront payments and down payments.
22.213  Long-form application (FCC Form 601).
22.215  Authorization grant, denial, default, and disqualification.
22.217  Bidding credits for small businesses.
22.221  Eligibility for partitioned licenses.
22.223  Definitions concerning competitive bidding process.
22.225  Certifications, disclosures, records maintenance and audits.
22.227  Petitions to deny and limitations on settlements.

            Subpart C--Operational and Technical Requirements

                        Operational Requirements

22.301  Station inspection.
22.303  Retention of station authorizations; identifying transmitters.
22.305  Operator and maintenance requirements.
22.307  Operation during emergency.
22.313  Station identification.
22.317  Discontinuance of station operation.
22.321  Equal employment opportunities.
22.323  Incidental communication services.
22.325  Control points.

                         Technical Requirements

22.351  Channel assignment policy.
22.352  Protection from interference.
22.353  Blanketing interference.
22.355  Frequency tolerance.
22.357  Emission types.
22.359  Emission masks.
22.361  Standby facilities.
22.363  Directional antennas.
22.365  Antenna structures; air navigation safety.
22.367  Wave polarization.
22.371  Disturbance of AM broadcast station antenna patterns.
22.373  Access to transmitters.
22.377  Certification of transmitters.
22.379  Replacement of equipment.
22.381  Auxiliary test transmitters.
22.383  In-building radiation systems.

                 Subpart D--Developmental Authorizations

22.401  Description and purposes of developmental authorizations.
22.403  General limitations.
22.409  Developmental authorization for a new Public Mobile Service or 
          technology.
22.411  Developmental authorization of 43 MHz paging transmitters.
22.413  Developmental authorization of 72-76 MHz fixed transmitters.
22.415  Developmental authorization of 928-960 MHz fixed transmitters.
22.417  Developmental authorization of meteor burst systems.

              Subpart E--Paging and Radiotelephone Service

22.501  Scope.
22.503  Paging geographic area authorizations.
22.507  Number of transmitters per station.
22.509  Procedures for mutually exclusive applications in the Paging and 
          Radiotelephone Service.
22.511  Construction period for the Paging and Radiotelephone Service.
22.513  Partitioning and disaggregation.
22.515  Permissible communications paths.
22.527  Signal boosters.
22.529  Application requirements for the Paging and Radiotelephone 
          Service.

                            Paging Operation

22.531  Channels for paging operation.
22.535  Effective radiated power limits.
22.537  Technical channel assignment criteria.
22.539  Additional channel policies.
22.551  Nationwide network paging service.
22.559  Paging application requirements.

                   One-way or Two-way Mobile Operation

22.561  Channels for one-way or two-way mobile operation.
22.563  Provision of rural radiotelephone service upon request.
22.565  Transmitting power limits.
22.567  Technical channel assignment criteria.
22.569  Additional channel policies.
22.571  Responsibility for mobile stations.
22.573  Use of base transmitters as repeaters.
22.575  Use of mobile channel for remote control of station functions.
22.577  Dispatch service.
22.579  Operation of mobile transmitters across U.S.-Canada border.
22.589  One-way or two-way application requirements.

                        Point-to-Point Operation

22.591  Channels for point-to-point operation.
22.593  Effective radiated power limits.
22.599  Assignment of 72-76 MHz channels.
22.601  Assignment of microwave channels.
22.602  Transition of the 2110-2130 and 2160-2180 MHz channels to 
          emerging technologies.
22.603  488-494 MHz fixed service in Hawaii.

                      Point-to-Multipoint Operation

22.621  Channels for point-to-multipoint operation.
22.623  System configuration.

[[Page 109]]

22.625  Transmitter locations.
22.627  Effective radiated power limits.

                  470-512 MHz Trunked Mobile Operation

22.651  470-512 MHz channels for trunked mobile operation.
22.653  Eligibility.
22.655  Channel usage.
22.657  Transmitter locations.
22.659  Effective radiated power limits.

                 Subpart F--Rural Radiotelephone Service

22.701  Scope.
22.702  Eligibility.
22.703  Separate rural subscriber station authorization not required.
22.705  Rural radiotelephone system configuration.
22.709  Rural radiotelephone service application requirements.
22.711  Provision of information to applicants.
22.713  Construction period for rural radiotelephone stations.
22.715  Technical channel assignment criteria for rural radiotelephone 
          stations.
22.717  Procedure for mutually exclusive applications in the Rural 
          Radiotelephone Service.
22.719  Additional channel policy for rural radiotelephone stations.

               Conventional Rural Radiotelephone Stations

22.721  Geographic area authorizations.
22.723  Secondary site-by-site authorizations.
22.725  Channels for conventional rural radiotelephone stations.
22.727  Power limits for conventional rural radiotelephone transmitters.
22.729  Meteor burst propagation modes.
22.731  Emission limitations.
22.733  Priority of service.
22.737  Temporary fixed stations.

                 Basic Exchange Telephone Radio Systems

22.757  Channels for basic exchange telephone radio systems.
22.759  Power limit for BETRS.

              Subpart G--Air-Ground Radiotelephone Service

22.801  Scope.
22.803  Air-ground application requirements.

                  General Aviation Air-Ground Stations

22.805  Channels for general aviation air-ground service.
22.809  Transmitting power limits.
22.811  Idle tone.
22.813  Technical channel pair assignment criteria.
22.815  Construction period for general aviation ground stations.
22.817  Additional channel policies.
22.819  AGRAS compatibility requirement.

                 Commercial Aviation Air-Ground Systems

22.857  Channel plan for commercial aviation air-ground systems.
22.859  Geographical channel block layout.
22.861  Emission limitations.
22.863  Transmitter frequency tolerance.
22.865  Automatic channel selection procedures.
22.867  Effective radiated power limits.
22.869  Assignment of control channels.
22.871  Control channel transition period.
22.873  Construction period for commercial aviation air-ground systems.
22.875  Commercial aviation air-ground system application requirements.

               Subpart H--Cellular Radiotelephone Service

22.900  Scope.
22.901  Cellular service requirements and limitations.
22.905  Channels for cellular service.
22.907  Coordination of channel usage.
22.909  Cellular markets.
22.911  Cellular geographic service area.
22.912  Service area boundary extensions.
22.913  Effective radiated power limits.
22.915  Modulation requirements.
22.917  Emission limitations for cellular.
22.919  Electronic serial numbers.
22.921  911 Call Processing Procedures; 911-Only Calling Mode.
22.923  Cellular system configuration.
22.925  Prohibition on airborne operation of cellular telephones.
22.927  Responsibility for mobile stations.
22.929  Application requirements for the Cellular Radiotelephone 
          Service.
22.933  Cellular system compatibility specification.
22.935  Procedures for comparative renewal proceedings.
22.936  Dismissal of applications in cellular renewal proceedings.
22.937  Demonstration of financial qualifications.
22.939  Site availability requirements for applications competing with 
          cellular renewal applications.
22.940  Criteria for comparative cellular renewal proceedings.
22.941  System identification numbers.
22.942  Limitations on interests in licensees for both channel blocks in 
          an area.
22.943  Limitations on assignments and transfers of cellular 
          authorizations.
22.945  Interests in multiple applications.
22.946  Service commencement and construction periods for cellular 
          systems.
22.947  Five year build-out period.
22.948  Partitioning and Disaggregation.

[[Page 110]]

22.949  Unserved area licensing process.
22.951  Minimum coverage requirement.
22.953  Content and form of applications.
22.955  Canadian condition.
22.957  Mexican condition.
22.959  Rules governing processing of applications for initial systems.
22.960  Cellular unserved area radiotelephone licenses subject to 
          competitive bidding.
22.961  Competitive bidding design for cellular unserved area 
          radiotelephone licensing.
22.962  Competitive bidding mechanisms.
22.963  Withdrawal, default and disqualification payments.
22.964  Bidding application (FCC Form 175).
22.965  Submission of upfront payments and down payments.
22.967  License grant, denial, default, and disqualification.

               Subpart I--Offshore Radiotelephone Service

22.1001  Scope.
22.1003  Eligibility.
22.1005  Priority of service.
22.1007  Channels for offshore radiotelephone systems.
22.1009  Transmitter locations.
22.1011  Antenna height limitations.
22.1013  Effective radiated power limitations.
22.1015  Repeater operation.
22.1025  Permissible communications.
22.1031  Temporary fixed stations.
22.1035  Construction period.
22.1037  Application requirements for offshore stations.

  Subpart J--Required New Capabilities Pursuant to the Communications 
               Assistance for Law Enforcement Act (CALEA)

22.1100  Purpose.
22.1101  Scope.
22.1102  Definitions.
22.1103  Capabilities that must be provided by a cellular 
          telecommunications carrier.

    Authority: 47 U.S.C. 154, 222, 303, 309, and 332.

    Source: 59 FR 59507, Nov. 17, 1994, unless otherwise noted.



                     Subpart A--Scope and Authority



Sec. 22.1  Basis and purpose.

    This section contains a concise general statement of the basis and 
purpose of the rules in this part, pursuant to 5 U.S.C. 553(c).
    (a) Basis. These rules are issued pursuant to the Communications Act 
of 1934, as amended, 47 U.S.C. 151 et. seq.
    (b) Purpose. The purpose of these rules is to establish the 
requirements and conditions under which domestic common carrier radio 
stations may be licensed and used in the Public Mobile Services.



Sec. 22.3  Authorization required.

    Stations in the Public Mobile Services must be used and operated 
only in accordance with the rules in this part and with a valid 
authorization granted by the FCC under the provisions of this part.
    (a) The holding of an authorization does not create any rights 
beyond the terms, conditions and period specified in the authorization. 
Authorizations may be granted upon proper application, provided that the 
FCC finds that the applicant is qualified in regard to citizenship, 
character, financial, technical and other criteria, and that the public 
interest, convenience and necessity will be served. See 47 U.S.C. 301, 
308, and 309.
    (b) Authority for subscribers to operate mobile or fixed stations in 
the Public Mobile Services, except for certain stations in the Rural 
Radiotelephone Service and the Air-Ground Radiotelephone Service, is 
included in the authorization held by the common carrier providing 
service to them. Subscribers are not required to apply for, and the FCC 
does not accept applications from subscribers for, individual mobile or 
fixed station authorizations in the Public Mobile Services, except as 
follows:
    (1) Individual authorizations are required to operate general 
aviation airborne mobile stations in the Air-Ground Radiotelephone 
Service. See Sec. 22.821.
    (2) Individual authorizations are required to operate rural 
subscriber stations in the Rural Radiotelephone Service, except as 
provided in Sec. 22.703.



Sec. 22.5  Citizenship.

    The rules in this section implement section 310 of the 
Communications Act of 1934, as amended (47 U.S.C. Sec. 310), in regard 
to the citizenship of licensees in the Public Mobile Services.

[[Page 111]]

    (a) Foreign governments. The FCC will not grant an authorization in 
the Public Mobile Services to any foreign government or any 
representative thereof.
    (b) Alien ownership or control. The FCC will not grant an 
authorization in the Public Mobile Services to:
    (1) Any alien or the representative of any alien;
    (2) Any corporation organized under the laws of any foreign 
government;
    (3) Any corporation of which more than one-fifth of the capital 
stock is owned of record or voted by aliens or their representatives or 
by a foreign government or representative thereof, or by any corporation 
organized under the laws of a foreign country;
    (4) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth of the capital stock is owned 
of record or voted by aliens, their representatives, or by a foreign 
government or representative thereof, or by any corporation organized 
under the laws of a foreign country, if the FCC finds that the public 
interest will be served by the refusal or revocation of such license.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 55580, Oct. 28, 1996]



Sec. 22.7  General eligibility.

    Except as otherwise provided in this part, existing and proposed 
common carriers are eligible to hold authorizations in the Public Mobile 
Services. Applications are granted only if the applicant is legally, 
financially, technically and otherwise qualified to render the proposed 
service.



Sec. 22.99  Definitions.

    Terms used in this part have the following meanings:
    Air-Ground Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide radio telecommunications 
service for hire to subscribers in aircraft.
    Airborne station. A mobile station in the Air-Ground Radiotelephone 
Service authorized for use on aircraft while in flight or on the ground.
    Antenna structure. A structure comprising an antenna, the tower or 
other structure that exists solely to support antennas, and any 
surmounting appurtenances (attachments such as beacons or lightning 
rods).
    Antenna. A device that converts radio frequency electrical energy to 
radiated electromagnetic energy and vice versa; in a transmitting 
station, the device from which radio waves are emitted.
    Authorized bandwidth. The necessary or occupied bandwidth of an 
emission, whichever is more.
    Authorized spectrum. The spectral width of that portion of the 
electromagnetic spectrum within which the emission power of the 
authorized transmitter(s) must be contained, in accordance with the 
rules in this part. The authorized spectrum comprises one channel 
bandwidth or the bandwidths of two or more contiguous channels.
    Auxiliary test transmitter. A fixed transmitter used to test Public 
Mobile systems.
    Base transmitter. A stationary transmitter that provides radio 
telecommunications service to mobile and/or fixed receivers, including 
those associated with mobile stations.
    Blanketing interference. Disturbance in consumer receivers located 
in the immediate vicinity of a transmitter, caused by currents directly 
induced into the consumer receiver's circuitry by the relatively high 
field strength of the transmitter.
    Build-out transmitters. In the Cellular Radiotelephone Service, 
transmitters added to the first cellular system authorized on a channel 
block in a cellular market during the five year build-out period in 
order to expand the coverage of the system within the market.
    Cardinal radials. Eight imaginary straight lines extending radially 
on the ground from an antenna location in the following azimuths with 
respect to true North: 0 deg., 45 deg., 90 deg., 135 deg., 180 deg., 
225 deg., 270 deg., 315 deg..
    Carrier frequency. The frequency of the unmodulated electrical wave 
at the output of an amplitude modulated (AM), frequency modulated (FM) 
or phase modulated (PM) transmitter.
    Cell. The service area of an individual transmitter location in a 
cellular system.
    Cellular Geographic Service Area. The geographic area served by a 
cellular system, within which that system is

[[Page 112]]

entitled to protection and adverse effects are recognized, for the 
purpose of determining whether a petitioner has standing. See 
Sec. 22.911.
    Cellular markets. Standard geographic areas used by the FCC for 
administrative convenience in the licensing of cellular systems. See 
Sec. 22.909.
    Cellular Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide cellular service for hire 
to the general public. This service was formerly titled Domestic Public 
Cellular Radio Telecommunications Service.
    Cellular repeater. In the Cellular Radiotelephone Service, a 
stationary transmitter or device that automatically re-radiates the 
transmissions of base transmitters at a particular cell site and mobile 
stations communicating with those base transmitters, with or without 
channel translation.
    Cellular service. Radio telecommunication services provided using a 
cellular system.
    Cellular system. An automated high-capacity system of one or more 
multichannel base stations designed to provide radio telecommunication 
services to mobile stations over a wide area in a spectrally efficient 
manner. Cellular systems employ techniques such as low transmitting 
power and automatic hand-off between base stations of communications in 
progress to enable channels to be reused at relatively short distances. 
Cellular systems may also employ digital techniques such as voice 
encoding and decoding, data compression, error correction, and time or 
code division multiple access in order to increase system capacity.
    Center frequency. The frequency of the middle of the bandwidth of a 
channel.
    Central office transmitter. A fixed transmitter in the Rural 
Radiotelephone Service that provides service to rural subscriber 
stations.
    CGSA. See Cellular Geographic Service Area.
    Channel. The portion of the electromagnetic spectrum assigned by the 
FCC for one emission. In certain circumstances, however, more than one 
emission may be transmitted on a channel. See, for example, Sec. 22.161.
    Channel bandwidth. The spectral width of a channel, as specified in 
this part, within which 99% of the emission power must be contained.
    Channel block. A group of channels that are assigned together, not 
individually.
    Channel pair. Two channels that are assigned together, not 
individually. In this part, channel pairs are indicated by an ellipsis 
between the center frequencies.
    Communications channel. In the Cellular Radiotelephone and Air-
ground Radiotelephone Services, a channel used to carry subscriber 
communications.
    Construction period. The period between the date of grant of an 
authorization and the date of required commencement of service.
    Control channel. In the Cellular Radiotelephone Service and the Air-
ground Radiotelephone Service, a channel used to transmit information 
necessary to establish or maintain communications. In the other Public 
Mobile Services, a channel that may be assigned to a control 
transmitter.
    Control point. A location where the operation of a public mobile 
station is supervised and controlled by the licensee of that station.
    Control transmitter. A fixed transmitter in the Public Mobile 
Services that transmits control signals to one or more base or fixed 
stations for the purpose of controlling the operation of the base or 
fixed stations, and/or transmits subscriber communications to one or 
more base or fixed stations that retransmit them to subscribers.
    Dead spots. Small areas within a service area where the field 
strength is lower than the minimum level for reliable service. Service 
within dead spots is presumed.
    Dispatch service. A radiotelephone service comprising communications 
between a dispatcher and one or more mobile units. These communications 
normally do not exceed one minute in duration and are transmitted 
directly through a base station, without passing through mobile 
telephone switching facilities.
    Effective radiated power (ERP). The effective radiated power of a 
transmitter (with antenna, transmission line,

[[Page 113]]

duplexers etc.) is the power that would be necessary at the input 
terminals of a reference half-wave dipole antenna in order to produce 
the same maximum field intensity. ERP is usually calculated by 
multiplying the measured transmitter output power by the specified 
antenna system gain, relative to a half-wave dipole, in the direction of 
interest.
    Emission. The electromagnetic energy radiated from an antenna.
    Emission designator. An internationally accepted symbol for 
describing an emission in terms of its bandwidth and the characteristics 
of its modulation, if any. See Sec. 2.201 of this chapter for details.
    Emission mask. The design limits imposed, as a condition or 
certification, on the mean power of emissions as a function of frequency 
both within the authorized bandwidth and in the adjacent spectrum.
    Equivalent isotropically radiated power (EIRP). The equivalent 
isotropically radiated power of a transmitter (with antenna, 
transmission line, duplexers etc.) is the power that would be necessary 
at the input terminals of a reference isotropic radiator in order to 
produce the same maximum field intensity. An isotropic radiator is a 
theoretical lossless point source of radiation with unity gain in all 
directions. EIRP is usually calculated by multiplying the measured 
transmitter output power by the specified antenna system gain, relative 
to an isotropic radiator, in the direction of interest.
    Extension. In the Cellular Radiotelephone Service, an area within 
the service area boundary of a cellular system, but outside of the 
market boundary. See Secs. 22.911(c) and 22.912.
    Facsimile service. Transmission of still images from one place to 
another by means of radio.
    Fill-in transmitters. Transmitters added to a station, in the same 
area and transmitting on the same channel or channel block as previously 
authorized transmitters, that do not expand the existing service area, 
but are established for the purpose of improving reception in dead 
spots.
    Five year build-out period. A five year period during which the 
licensee of the first cellular system authorized on each channel block 
in each cellular market may expand the system within that market. See 
Sec. 22.947.
    Fixed transmitter. A stationary transmitter that communicates with 
other stationary transmitters.
    Frequency. The number of cycles occurring per second of an 
electrical or electromagnetic wave; a number representing a specific 
point in the electromagnetic spectrum.
    Ground station. In the Air-ground Radiotelephone Service, a 
stationary transmitter that provides service to airborne mobile 
stations.
    Height above average terrain (HAAT). The height of an antenna above 
the average elevation of the surrounding area.
    In-building radiation systems. Supplementary systems comprising low 
power transmitters, receivers, indoor antennas and/or leaky coaxial 
cable radiators, designed to improve service reliability inside 
buildings or structures located within the service areas of stations in 
the Public Mobile Services.
    Initial cellular applications. Applications for authority to 
construct and operate a new cellular system, excluding applications for 
interim operating authority.
    Interfering contour. The locus of points surrounding a transmitter 
where the predicted median field strength of the signal from that 
transmitter is the maximum field strength that is not considered to 
cause interference at the service contour of another transmitter.
    Interoffice transmitter. A fixed transmitter in the Rural 
Radiotelephone Service that communicates with other interoffice 
transmitters for the purpose of interconnecting rural central offices.
    Meteor burst propagation mode. A long distance VHF radio 
communication path occurring as a result of the refraction of 
electromagnetic waves by ionized meteor trails.
    Mobile station. One or more transmitters that are capable of 
operation while in motion.
    Necessary bandwidth. The calculated spectral width of an emission. 
Calculations are made using procedures set forth in part 2 of this 
chapter. The bandwidth so calculated is considered

[[Page 114]]

to be the minimum necessary to convey information at the desired rate 
with the desired accuracy.
    Occupied bandwidth. The measured spectral width of an emission. The 
measurement determines occupied bandwidth as the difference between 
upper and lower frequencies where 0.5% of the emission power is above 
the upper frequency and 0.5% of the emission power is below the lower 
frequency.
    Offshore central transmitter. A fixed transmitter in the Offshore 
Radiotelephone Service that provides service to offshore subscriber 
stations.
    Offshore Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide radio telecommunication 
services for hire to subscribers on structures in the offshore coastal 
waters of the Gulf of Mexico.
    Offshore subscriber station. One or more fixed and/or mobile 
transmitters in the Offshore Radiotelephone Service that receive service 
from offshore central transmitters.
    Pager. A small radio receiver designed to be carried by a person and 
to give an aural, visual or tactile indication when activated by the 
reception of a radio signal containing its specific code. It may also 
reproduce sounds and/or display messages that were also transmitted. 
Some pagers also transmit a radio signal acknowledging that a message 
has been received.
    Paging geographic area authorization. An authorization conveying the 
exclusive right to establish and expand one or more stations throughout 
a paging geographic area or, in the case of a partitioned geographic 
area, throughout a specified portion of a paging geographic area, on a 
specified channel allocated for assignment in the Paging and 
Radiotelephone Service. These are subject to the conditions that no 
interference may be caused to existing co-channel stations operated by 
other licensees within the paging geographic area and that no 
interference may be caused to existing or proposed co-channel stations 
of other licensees in adjoining paging geographic areas.
    Paging geographic areas. Standard geographic areas used by the FCC 
for administrative convenience in the licensing of stations to operate 
on channels allocated for assignment in the Paging and Radiotelephone 
Service. See Sec. 22.503(b).
    Paging and Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide paging and radiotelephone 
service for hire to the general public. This service was formerly titled 
Public Land Mobile Service.
    Paging service. Transmission of coded radio signals for the purpose 
of activating specific pagers; such transmissions may include messages 
and/or sounds.
    Partitioned cellular market. A cellular market with two or more 
authorized cellular systems on the same channel block during the five 
year build-out period, as a result of settlements during initial 
licensing or contract(s) between the licensee of the first cellular 
system and the licensee(s) of the subsequent systems. See 
Sec. 22.947(b).
    Public Mobile Services. Radio services in which common carriers are 
authorized to offer and provide mobile and related fixed radio 
telecommunication services for hire to the public.
    Radio common carrier. A telecommunications common carrier that 
provides radio communications services but is not engaged in the 
business of providing landline local exchange telephone service.
    Radio telecommunication services. Communication services provided by 
the use of radio, including radiotelephone, radiotelegraph, paging and 
facsimile service.
    Radiotelegraph service. Transmission of messages from one place to 
another by means of radio.
    Radiotelephone service. Transmission of sound from one place to 
another by means of radio.
    Repeater. A fixed transmitter that retransmits the signals of other 
stations.
    Roamer. A mobile station receiving service from a station or system 
in the Public Mobile Services other than one to which it is a 
subscriber.
    Rural Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide radio telecommunication 
services for hire to

[[Page 115]]

subscribers in areas where it is not feasible to provide communication 
services by wire or other means.
    Rural subscriber station. One or more fixed transmitters in the 
Rural Radiotelephone Service that receive service from central office 
transmitters.
    Service area. The geographic area considered by the FCC to be 
reliably served by a station in the Public Mobile Services.
    Service contour. The locus of points surrounding a transmitter where 
the predicted median field strength of the signal from that transmitter 
is the minimum field strength that is considered sufficient to provide 
reliable service to mobile stations.
    Service to subscribers. Service to at least one subscriber that is 
not affiliated with, controlled by or related to the providing carrier.
    Signal booster. A stationary device that automatically reradiates 
signals from base transmitters without channel translation, for the 
purpose of improving the reliability of existing service by increasing 
the signal strength in dead spots.
    Station. A station equipped to engage in radio communication or 
radio transmission of energy (47 U.S.C. 153(k)).
    Telecommunications common carrier. An individual, partnership, 
association, joint-stock company, trust or corporation engaged in 
rendering radio telecommunications services to the general public for 
hire.
    Temporary fixed station. One or more fixed transmitters that 
normally do not remain at any particular location for longer than 6 
months.
    Universal licensing system. The Universal Licensing System (ULS) is 
the consolidated database, application filing system, and processing 
system for all Wireless Radio Services. ULS supports electronic filing 
of all applications and related documents by applicants and licensees in 
the Wireless Radio Services, and provides public access to licensing 
information.
    Unserved areas. With regard to a channel block allocated for 
assignment in the Cellular Radiotelephone Service: Geographic area in 
the District of Columbia, or any State, Territory or possession of the 
United States of America that is not within the CGSA of any cellular 
system authorized to transmit on that channel block. With regard to a 
channel allocated for assignment in the Paging and Radiotelephone 
Service: Geographic area within the District of Columbia, or any State, 
Territory or possession of the United States of America that is not 
within the service contour of any base transmitter in any station 
authorized to transmit on that channel.
    Wireline common carrier. A telecommunications common carrier that is 
also engaged in the business of providing landline local exchange 
telephone service.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31050, June 19, 1996; 
61 FR 54098, Oct. 17, 1996; 62 FR 11628, Mar. 12, 1997; 63 FR 36603, 
July 7, 1998; 63 FR 68943, Dec. 14, 1998]



            Subpart B--Licensing Requirements and Procedures

                     Applications and Notifications



Sec. 22.107  General application requirements.

    In general, applications for authorizations, assignments of 
authorizations, or consent to transfer of control of licensees in the 
Public Mobile Services must:
    (a) Demonstrate the applicant's qualifications to hold an 
authorization in the Public Mobile services;
    (b) State how a grant would serve the public interest, convenience, 
and necessity;
    (c) Contain all information required by FCC rules or application 
forms;
    (d) Propose operation of a facility in compliance with all rules 
governing the Public Mobile service;
    (e) Be amended as necessary to remain substantially accurate and 
complete in all significant respects, in accordance with the provisions 
of Sec. 1.65 of this chapter; and,
    (f) Be signed in accordance with Sec. 1.743 of this chapter.



Sec. 22.131  Procedures for mutually exclusive applications.

    Two or more pending applications are mutually exclusive if the grant 
of one application would effectively preclude the grant of one or more 
of the others under Commission rules governing the

[[Page 116]]

Public Mobile Services involved. The Commission uses the general 
procedures in this section for processing mutually exclusive 
applications in the Public Mobile Services. Additional specific 
procedures are prescribed in the subparts of this part governing the 
individual Public Mobile Services (see Secs. 22.509, 22.717, and 22.949) 
and in part 1 of this chapter.
    (a) Separate applications. Any applicant that files an application 
knowing that it will be mutually exclusive with one or more applications 
should not include in the mutually exclusive application a request for 
other channels or facilities that would not, by themselves, render the 
application mutually exclusive with those other applications. Instead, 
the request for such other channels or facilities should be filed in a 
separate application.
    (b) Filing groups. Pending mutually exclusive applications are 
processed in filing groups. Mutually exclusive applications in a filing 
group are given concurrent consideration. The Commission may dismiss as 
defective (pursuant to Sec. 1.945 of this chapter) any mutually 
exclusive application(s) whose filing date is outside of the date range 
for inclusion in the filing group. The types of filing groups used in 
day-to-day application processing are specified in paragraph (c)(3) of 
this section. A filing group is one of the following types:
    (1) Renewal filing group. A renewal filing group comprises a timely-
filed application for renewal of an authorization and all timely-filed 
mutually exclusive competing applications (see Sec. 1.935 of this 
chapter).
    (2) Same-day filing group. A same-day filing group comprises all 
mutually exclusive applications whose filing date is the same day, which 
is normally the filing date of the first-filed application(s).
    (3) Thirty-day notice and cut-off filing group. A 30-day notice and 
cut-off filing group comprises mutually exclusive applications whose 
filing date is no later than thirty (30) days after the date of the 
Public Notice listing the first-filed application(s) (according to the 
filing dates) as acceptable for filing.
    (4) Window filing group. A window filing group comprises mutually 
exclusive applications whose filing date is within an announced filing 
window. An announced filing window is a period of time between and 
including two specific dates, which are the first and last dates on 
which applications (or amendments) for a particular purpose may be 
accepted for filing. In the case of a one-day window, the two dates are 
the same. The dates are made known to the public in advance.
    (c) Procedures. Generally, the Commission may grant one application 
in a filing group of mutually exclusive applications and dismiss the 
other application(s) in the filing that are excluded by that grant, 
pursuant to Sec. 1.945 of this chapter.
    (1) Selection methods. In selecting the application to grant, the 
Commission will use competitive bidding.
    (2) Dismissal of applications. The Commission may dismiss any 
application in a filing group that is defective or otherwise subject to 
dismissal under Sec. 1.945 of this chapter, either before or after 
employing selection procedures.
    (3) Type of filing group used. Except as otherwise provided in this 
part, the type of filing group used in the processing of two or more 
mutually exclusive applications depends upon the purpose(s) of the 
applications.
    (i) If one of the mutually exclusive applications is a timely-filed 
application for renewal of an authorization, a renewal filing group is 
used.
    (ii) If any mutually exclusive application filed on the earliest 
filing date is an application for modification and none of the mutually 
exclusive applications is a timely-filed application for renewal, a 
same-day filing group is used.
    (iii) If all of the mutually exclusive applications filed on the 
earliest filing date are applications for initial authorization, a 30-
day notice and cut-off filing group is used, except that, for Phase I 
unserved area applications in the Cellular Radiotelephone Service, a 
one-day window filing group is used (see Sec. 22.949).
    (4) Disposition. If there is only one application in any type of 
filing group, the Commission may grant that application and dismiss 
without prejudice any mutually exclusive applications not in the filing 
group. If there is more

[[Page 117]]

than one mutually exclusive application in a filing group, the 
Commission disposes of these applications as follows:
    (i) Applications in a renewal filing group. All mutually exclusive 
applications in a renewal filing group are designated for comparative 
consideration in a hearing.
    (ii) Applications in a 30-day notice and cut-off filing group.
    (A) If all of the mutually exclusive applications in a 30-day notice 
and cut-off filing group are applications for initial authorization, the 
FCC administers competitive bidding procedures in accordance with 
Sec. 22.201 through Sec. 22.227 and subpart Q of part 1 of this chapter, 
as applicable. After such procedures, the application of the successful 
bidder may be granted and the other applications may be dismissed 
without prejudice.
    (B) If any of the mutually exclusive applications in a 30-day notice 
and cut-off filing group is an application for modification, the 
Commission may attempt to resolve the mutual exclusivity by facilitating 
a settlement between the applicants. If a settlement is not reached 
within a reasonable time, the FCC may designate all applications in the 
filing group for comparative consideration in a hearing. In this event, 
the result of the hearing disposes all of the applications in the filing 
group.
    (iii) Applications in a same-day filing group. If there are two or 
more mutually exclusive applications in a same-day filing group, the 
Commission may attempt to resolve the mutual exclusivity by facilitating 
a settlement between the applicants. If a settlement is not reached 
within a reasonable time, the Commission may designate all applications 
in the filing group for comparative consideration in a hearing. In this 
event, the result of the hearing disposes of all of the applications in 
the filing group.
    (iv) Applications in a window filing group. Applications in a window 
filing group are processed in accordance with the procedures for a 30-
day notice and cut-off filing group in paragraph (c)(4)(ii) of this 
section.
    (d) Terminology. For the purposes of this section, terms have the 
following meanings:
    (1) The filing date of an application is the date on which that 
application was received in a condition acceptable for filing or the 
date on which the most recently filed major amendment to that 
application was received, whichever is later, excluding major amendments 
in the following circumstances:
    (i) The major amendment reflects only a change in ownership or 
control found by the Commission to be in the public interest;
    (ii) The major amendment as received is defective or otherwise found 
unacceptable for filing; or
    (iii) The application being amended has been designated for hearing 
and the Commission or the presiding officer accepts the major amendment.
    (2) An application for initial authorization is:
    (i) Any application requesting an authorization for a new system or 
station;
    (ii) Any application requesting authorization for an existing 
station to operate on an additional channel, unless the additional 
channel is for paired two-way radiotelephone operation, is in the same 
frequency range as the existing channel(s), and will be operationally 
integrated with the existing channel(s) such as by trunking;
    (iii) Any application requesting authorization for a new transmitter 
at a location more than 2 kilometers (1.2 miles) from any existing 
transmitters of the applicant licensee on the requested channel or 
channel block; or
    (iv) Any application to expand the CGSA of a cellular system (as 
defined in Sec. 22.911), except during the five-year build-out period.
    (v) Any ``short-form'' application (filed on FCC Form 175) 
requesting a new paging geographic area authorization.

[59 FR 59954, Nov. 21, 1994, as amended at 62 FR 11629, Mar. 12, 1997; 
63 FR 68943, Dec. 14, 1998]



Sec. 22.143  Construction prior to grant of application.

    Applicants may construct facilities in the Public Mobile services 
prior to grant of their applications, subject to

[[Page 118]]

the provisions of this section, but must not operate such facilities 
until the FCC grants an authorization. If the conditions stated in this 
section are not met, applicants must not begin to construct facilities 
in the Public Mobile Services.
    (a) When applicants may begin construction. An applicant may begin 
construction of a facility 35 days after the date of the Public Notice 
listing the application for that facility as acceptable for filing, 
except that an applicant whose application to operate a new cellular 
system was selected in a random selection process may begin construction 
of that new cellular system 35 days after the date of the Public Notice 
listing it as the tentative selectee.
    (b) Notification to stop. If the FCC for any reason determines that 
construction should not be started or should be stopped while an 
application is pending, and so notifies the applicant, orally (followed 
by written confirmation) or in writing, the applicant must not begin 
construction or, if construction has begun, must stop construction 
immediately.
    (c) Assumption of risk. Applicants that begin construction pursuant 
to this section before receiving an authorization do so at their own 
risk and have no recourse against the United States for any losses 
resulting from:
    (1) Applications that are not granted;
    (2) Errors or delays in issuing Public Notices;
    (3) Having to alter, relocate or dismantle the facility; or
    (4) Incurring whatever costs may be necessary to bring the facility 
into compliance with applicable laws, or FCC rules and orders.
    (d) Conditions. Except as indicated, all pre-grant construction is 
subject to the following conditions:
    (1) The application is not mutually exclusive with any other 
application, except for successful bidders and tentative selectees in 
the Cellular Radiotelephone Service;
    (2) No petitions to deny the application have been filed;
    (3) The application does not include a request for a waiver of one 
or more FCC rules;
    (4) For any construction or alteration that would exceed the 
requirements of Sec. 17.7 of this chapter, the licensee has notified the 
appropriate Regional Office of the Federal Aviation Administration (FAA 
Form 7460-1), filed a request for antenna height clearance and 
obstruction marking and lighting specifications (FCC Form 854) with the 
FCC, PRB, Support Services Branch, Gettysburg, PA 17325;
    (5) The applicant has indicated in the application that the proposed 
facility would not have a significant environmental effect, in 
accordance with Secs. 1.1301 through 1.1319 of this chapter; and,
    (6) Under applicable international agreements and rules in this 
part, individual coordination of the proposed channel assignment(s) with 
a foreign administration is not required.



Sec. 22.150  Standard pre-filing technical coordination procedure.

    For operations on certain channels in the Public Mobile Services, 
carriers must attempt to coordinate the proposed use of spectrum with 
other spectrum users prior to filing an application for authority to 
operate a station. Rules requiring this procedure for specific channels 
and types of stations are contained in the subparts governing the 
individual Public Mobile Services.
    (a) Coordination comprises two steps--notification and response. 
Each step may be accomplished orally or in writing.
    (b) Notification must include relevant technical details of the 
proposal. At minimum, this should include the following:
    (1) Geographical coordinates of the antenna site(s).
    (2) Transmitting and receiving channels to be added or changed.
    (3) Transmitting power, emission type and polarization.
    (4) Transmitting antenna pattern and maximum gain.
    (5) Transmitting antenna height above ground level.
    (c) Applicants and licensees receiving notification must respond 
promptly, even if no channel usage conflicts are anticipated. If any 
notified party fails to respond within 30 days, the applicant may file 
the application without a response from that party.

[[Page 119]]

    (d) The 30-day period begins on the date the notification is 
submitted to the Commission via the ULS. 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.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68944, Dec. 14, 1998]



Sec. 22.157  Distance computation.

    The method given in this section must be used to compute the 
distance between any two locations, except that, for computation of 
distance involving stations in Canada and Mexico, methods for distance 
computation specified in the applicable international agreement, if any, 
must be used instead. The method set forth in this paragraph is 
considered to be sufficiently accurate for distances not exceeding 475 
km (295 miles).
    (a) Convert the latitudes and longitudes of each reference point 
from degree-minute-second format to degree-decimal format by dividing 
minutes by 60 and seconds by 3600, then adding the results to degrees.
[GRAPHIC] [TIFF OMITTED] TR17NO94.000

    (b) Calculate the mean geodetic latitude between the two reference 
points by averaging the two latitudes:
[GRAPHIC] [TIFF OMITTED] TR17NO94.001

    (c) Calculate the number of kilometers per degree latitude 
difference for the mean geodetic latitude calculated in paragraph (b) of 
this section as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO94.002

    (d) Calculate the number of kilometers per degree of longitude 
difference for the mean geodetic latitude calculated in paragraph (b) of 
this section as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO94.003

    (e) Calculate the North-South distance in kilometers as follows:
    [GRAPHIC] [TIFF OMITTED] TR17NO94.004
    

[[Page 120]]


    (f) Calculate the East-West distance in kilometers as follows:
    [GRAPHIC] [TIFF OMITTED] TR17NO94.005
    
    (g) Calculate the distance between the locations by taking the 
square root of the sum of the squares of the East-West and North-South 
distances:
[GRAPHIC] [TIFF OMITTED] TR17NO94.006

    (h) Terms used in this section are defined as follows:
    (1) LAT1dd and LON1dd are the coordinates of 
the first location in degree-decimal format.
    (2) LAT2dd and LON2dd are the coordinates of 
the second location in degree-decimal format.
    (3) ML is the mean geodetic latitude in degree-decimal format.
    (4) KPDlat is the number of kilometers per degree of 
latitude at a given mean geodetic latitude.
    (5) KPDlon is the number of kilometers per degree of 
longitude at a given mean geodetic latitude.
    (6) NS is the North-South distance in kilometers.
    (7) DIST is the distance between the two locations, in kilometers.



Sec. 22.159  Computation of average terrain elevation.

    Average terrain elevation must be calculated by computer using 
elevations from a 30 second point or better topographic data file. The 
file must be identified. If a 30 second point data file is used, the 
elevation data must be processed for intermediate points using 
interpolation techniques; otherwise, the nearest point may be used. In 
cases of dispute, average terrain elevation determinations can also be 
done manually, if the results differ significantly from the computer 
derived averages.
    (a) Radial average terrain elevation is calculated as the average of 
the elevation along a straight line path from 3 to 16 kilometers (2 and 
10 miles) extending radially from the antenna site. If a portion of the 
radial path extends over foreign territory or water, such portion must 
not be included in the computation of average elevation unless the 
radial path again passes over United States land between 16 and 134 
kilometers (10 and 83 miles) away from the station. At least 50 evenly 
spaced data points for each radial should be used in the computation.
    (b) Average terrain elevation is the average of the eight radial 
average terrain elevations (for the eight cardinal radials).
    (c) For locations in Dade and Broward Counties, Florida, the method 
prescribed above may be used or average terrain elevation may be assumed 
to be 3 meters (10 feet).



Sec. 22.161  Application requirements for ASSB.

    Applications for base stations employing amplitude compandored 
single sideband modulation (ASSB) must contain the following 
information:
    (a) The application must describe fully the modulation 
characteristics, emission and occupied bandwidth, and specify the center 
frequency of the emission for each channel, carrier frequency, and pilot 
channels, if any. The emission must fall completely within a channel 
assignable for two-way operation in the Paging and Radiotelephone 
Service, Rural Radiotelephone Service or Offshore Radiotelephone 
Service.
    (b) The application must contain interference studies between 
stations within an authorized bandwidth, whether FM-to-ASSB, ASSB-to-FM, 
or ASSB-to-ASSB in accordance with the following: For ASSB stations, the 
transmitter nearest to the protected station must be used. The effective 
radiated power in the direction of the protected station must be the sum 
of the peak effective radiated power of all transmitters in the group, 
in the direction of the protected station. The antenna center of 
radiation height above average terrain must be the highest antenna 
center of radiation height of any transmitter in the group in the 
direction of the protected station. The channel of the group is assumed 
to be the same as that of the protected station (co-channel), and 
studies must be made in accordance with Sec. 22.567.



Sec. 22.165  Additional transmitters for existing systems.

    A licensee may operate additional transmitters at additional 
locations on the same channel or channel block as

[[Page 121]]

its existing system without obtaining prior Commission approval 
provided:
    (a) International coordination. The locations and/or technical 
parameters of the additional transmitters are such that individual 
coordination of the channel assignment(s) with a foreign administration, 
under applicable international agreements and rules in this part, is not 
required.
    (b) Antenna structure registration. Certain antenna structures must 
be registered with the Commission prior to construction or alteration. 
Registration requirements are contained in part 17 of this chapter.
    (c) Environmental. The additional transmitters must not have a 
significant environmental effect as defined by Secs. 1.1301 through 
1.1319 of this chapter.
    (d) Paging and Radiotelephone Service. The provisions in this 
paragraph apply for stations in the Paging and Radiotelephone Service.
    (1) The interfering contours of the additional transmitter(s) must 
be totally encompassed by the composite interfering contour of the 
existing station (or stations under common control of the applicant) on 
the same channel, except that this limitation does not apply to 
nationwide network paging stations or in-building radiation systems.
    (2) Additional transmitters in the 43 MHz frequency range operate 
under developmental authority, subject to the conditions set forth in 
Sec. 22.411.
    (3) The additional transmitters must not operate on control channels 
in the 72-76 MHz, 470-512 MHz, 928 MHz, 932 MHz, 941 MHz or 959 MHz 
frequency ranges.
    (e) Cellular radiotelephone service. During the five-year build-out 
period, the service area boundaries of the additional transmitters, as 
calculated by the method set forth in Sec. 22.911(a), must remain within 
the market, except that the service area boundaries may extend beyond 
the market boundary into the area that is part of the CGSA or is already 
encompassed by the service area boundaries of previously authorized 
facilities. After the five-year build-out period, the service area 
boundaries of the additional transmitters, as calculated by the method 
set forth in Sec. 22.911(a), must remain within the CGSA. Licensees must 
notify the Commission (FCC Form 601) of any transmitters added under 
this section that cause a change in the CGSA boundary. The notification 
must include full size and reduced maps, and supporting engineering, as 
described in Sec. 22.953(a)(5)(i) through (iii). If the addition of 
transmitters involves a contract service area boundary (SAB) extension 
(see Sec. 22.912), the notification must include a statement as to 
whether the five-year build-out period for the system on the relevant 
channel block in the market into which the SAB extends has elapsed and 
whether the SAB extends into any unserved area in the market. The 
notification must be made electronically via the ULS, or delivered to 
the filing place (see Sec. 1.913 of this chapter) no later than 15 days 
after the addition is made.
    (f) Air-ground Radiotelephone Service. Ground stations may be added 
to Commercial Aviation air-ground systems at previously established 
ground station locations, pursuant to Sec. 22.859, subject to compliance 
with the applicable technical rules. This section does not apply to 
General Aviation air-ground stations.
    (g) Rural Radiotelephone Service. A ``service area'' and 
``interfering contours'' must be determined using the same method as for 
stations in the Paging and Radiotelephone Service. The service area and 
interfering contours so determined for the additional transmitter(s) 
must be totally encompassed by the similarly determined composite 
service area contour and predicted interfering contour, respectively, of 
the existing station on the same channel. This section does not apply to 
Basic Exchange Telecommunications Radio Systems.
    (h) Offshore Radiotelephone Service. This section does not apply to 
stations in the Offshore Radiotelephone Service.
    (i) Provision of information upon request. Upon request by the FCC, 
licensees must supply administrative or technical information concerning 
the additional transmitters. At the time transmitters are added pursuant 
to this section, licensees must make a record of the pertinent technical 
and administrative information so that

[[Page 122]]

such information is readily available. See Sec. 22.303.

[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994; as amended at 
62 FR 11629, Mar. 12, 1997; 63 FR 68944, Dec. 14, 1998; 64 FR 53240, 
Oct. 1, 1999]



Sec. 22.169  International coordination of channel assignments.

    Channel assignments under this part are subject to the applicable 
provisions and requirements of treaties and other international 
agreements between the United States government and the governments of 
Canada and Mexico.

                     Competitive Bidding Procedures

    Source: 62 FR 11629, Mar. 12, 1997, unless otherwise noted.



Sec. 22.201  Scope of competitive bidding rules.

    Sections 22.201 through 22.227, inclusive (and, unless otherwise 
specified in this part, the procedures set forth in part 1, subpart Q, 
of this chapter), apply only to competitive bidding (``auction'') 
procedures for authorizations as follows:
    (a) Paging geographic area authorizations issued pursuant to this 
part or to part 90 of this chapter.
    (b) [Reserved].



Sec. 22.203  Competitive bidding design for paging licensing.

    A simultaneous multiple round auction will be used to choose from 
among mutually exclusive initial applications for paging geographic area 
authorizations, unless the FCC specifies otherwise by Public Notice 
prior to the competitive bidding procedure.



Sec. 22.205  Competitive bidding mechanisms.

    (a) Sequencing. The FCC will establish and may vary the sequence in 
which paging geographic area authorizations are auctioned.
    (b) Grouping. The FCC will determine which licenses will be 
auctioned simultaneously or in combination based on interdependency and 
administrative circumstances.
    (c) Minimum Bid Increments. The FCC may, by public announcement 
before or during an auction, require minimum bid increments in dollar or 
percentage terms.
    (d) Stopping Rules. The FCC may establish stopping rules before or 
during an auction in order to terminate the auction within a reasonable 
time.
    (e) Activity Rules. The FCC may establish activity rules which 
require a minimum amount of bidding activity. In the event that the FCC 
establishes an activity rule in connection with a simultaneous multiple 
round auction, each bidder may request waivers of such rule during the 
auction. The FCC may, by public announcement either before or during an 
auction, specify or vary the number of waivers available to each bidder.



Sec. 22.207  Withdrawal, default, and disqualification payments.

    The FCC will impose payments on bidders who withdraw high bids 
during the course of an auction, who default on payments due after an 
auction terminates, or who are disqualified. When the FCC conducts a 
simultaneous multiple round auction, payments will be calculated as set 
forth in Secs. 1.2104(g) and 1.2109 of this chapter. When the amount of 
such a payment cannot be determined, a deposit of up to 20 percent of 
the amount bid on the license will be required.



Sec. 22.209  Bidding applications (FCC Form 175 and 175-S Short-form).

    Each applicant to participate in competitive bidding for paging 
geographic area authorizations must submit an application (FCC Forms 175 
and 175-S) pursuant to the provisions of Sec. 1.2105 of this chapter.



Sec. 22.211  Submission of upfront payments and down payments.

    (a) The FCC will require applicants to submit an upfront payment 
prior to the start of a paging auction. The amount of the upfront 
payment for each geographic area license auctioned and the procedures 
for submitting it will be set forth by the Wireless Telecommunications 
Bureau in a Public Notice in accordance with Sec. 1.2106 of this 
chapter.
    (b) Each winning bidder in a paging auction must submit a down 
payment to the FCC in an amount sufficient to

[[Page 123]]

bring its total deposits up to 20 percent of its winning bid. All 
winning bidders except small businesses will be required to make such 
payment within ten business days following the release of a Public 
Notice announcing the close of bidding. Small businesses must bring 
their deposits up to 10 percent of their winning bids within ten 
business days following the release of a Public Notice announcing the 
close of bidding, and must pay an additional 10 percent prior to 
licensing, by a date and time to be specified by Public Notice.



Sec. 22.213  Long-form application (FCC Form 601).

    Each successful bidder for a paging geographic area authorization 
must submit a ``long-form'' application (Form 601) within ten (10) 
business days after being notified by Public Notice that it is the 
winning bidder. Applications for paging geographic area authorizations 
on FCC Form 601 must be submitted in accordance with Sec. 1.2107 and 
Sec. 1.2112 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 authorizations pursuant to agreements with auction winners 
under Sec. 22.221 of this part.

[64 FR 33781, June 24, 1999]



Sec. 22.215  Authorization grant, denial, default, and disqualification.

    (a) Each winning bidder will be required to pay the full balance of 
its winning bid no later than ten (10) business days following the 
release date of a Public Notice establishing the payment deadline. If a 
winning bidder fails to pay the balance of its winning bids in a lump 
sum by the applicable deadline as specified by the Commission, it will 
be allowed to make payment no later than ten (10) business days after 
the payment deadline, provided that it also pays a late fee equal to 
five (5) percent of the amount due. When a winning bidder fails to pay 
the balance of its winning bid by the late payment deadline, it is 
considered to be in default on its authorization(s) and subject to the 
applicable default payments. Authorizations will be awarded upon the 
full and timely payment of winning bids and any applicable late fees.
    (b) A bidder that withdraws its bid subsequent to the close of 
bidding, defaults on a payment due, or is disqualified, is subject to 
the payments specified in Sec. 22.207, Sec. 1.2104(g), or Sec. 1.2109 of 
this chapter, as applicable.

[59 FR 59507, Nov. 17, 1994, as amended at 64 FR 33781, June 24, 1999]



Sec. 22.217  Bidding credits for small businesses.

    (a) A winning bidder that qualifies as a small business or a 
consortium of small businesses as defined in Sec. 22.223(b)(1)(i) of 
this part may use a bidding credit of thirty-five (35) percent to lower 
the cost of its winning bid. A winning bidder that qualifies as a small 
business or a consortium of small businesses as defined in 
Sec. 22.223(b)(1)(ii) of this part may use a bidding credit of twenty-
five (25) percent to lower the cost of its winning bid.
    (b) Unjust Enrichment:
    (1) If a small business that utilizes a bidding credit under this 
section seeks to transfer control or assign an authorization to an 
entity that is not a small business under Sec. 22.223(b)(1), or seeks to 
make any other change in ownership that would result in the licensee 
losing eligibility as a small business, the small business must seek FCC 
approval and reimburse the U.S. government for the amount of the bidding 
credit (plus interest at the rate imposed for installment financing at 
the time the license was awarded), as a condition of approval of such 
assignment, transfer, or other ownership change.
    (2) If a small business that utilizes a bidding credit under this 
section seeks to transfer control or assign an authorization to a small 
business meeting the eligibility standards for a lower bidding credit, 
or seeks to make any other change in ownership that would result in the 
licensee qualifying for a lower bidding credit under this section, the 
licensee must seek FCC approval and reimburse the U.S. government for 
the difference between the amount of the

[[Page 124]]

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 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.
    (4) If a small business that utilizes a bidding credit under this 
section partitions its authorization or disaggregates its spectrum to an 
entity not meeting the eligibility standards for the same bidding 
credit, the partitioning or disaggregating licensee will be subject to 
the provisions concerning unjust enrichment as set forth in 
Sec. 1.2111(e) (2) and (3) of this chapter.

[59 FR 59507, Nov. 17, 1994, as amended at 64 FR 33781, June 24, 1999]



Sec. 22.221  Eligibility for partitioned licenses.

    If partitioned licenses are being applied for in conjunction with a 
license(s) to be awarded through competitive bidding procedures--
    (a) The applicable procedures for filing short-form applications and 
for submitting upfront payments and down payments contained in this 
chapter shall be followed by the applicant, who must disclose as part of 
its short-form application all parties to agreement(s) with or among 
other entities to partition the license pursuant to this section, if won 
at auction (see 47 CFR 1.2105(a)(2)(viii));
    (b) Each party to an agreement to partition the authorization must 
file a long-form application (FCC Form 601) for its respective, mutually 
agreed-upon geographic area together with the application for the 
remainder of the MEA or EA filed by the auction winner.
    (c) If the partitioned authorization is being applied for as a 
partial assignment of the MEA or EA authorization following grant of the 
initial authorization, request for authorization for partial assignment 
of an authorization shall be made pursuant to Sec. 1.948 of this part.

[59 FR 59507, Nov. 17, 1994, as amended at 64 FR 33781, June 24, 1999]



Sec. 22.223  Definitions concerning competitive bidding process.

    (a) Scope. The definitions in this section apply to Secs. 22.201 
through 22.227, unless otherwise specified in those sections.
    (b) Small business; consortium of small businesses. (1) A small 
business is an entity that either:
    (i) Together with its affiliates and controlling interests has 
average gross revenues that are not more than $3 million for the 
preceding three years; or
    (ii) Together with its affiliates and controlling interests 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 interests 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.
    (4) Applicants without identifiable controlling interests. Where an 
applicant (or licensee) cannot identify controlling interests under the 
standards

[[Page 125]]

set forth in this section, the gross revenues of all interest holders in 
the applicant, and their affiliates, will be attributable.
    (c) Gross Revenues. Gross revenues shall mean all income received by 
an entity, whether earned or passive, before any deductions are made for 
costs of doing business (e.g., cost of goods sold). Gross revenues are 
evidenced by audited financial statements for the relevant number of 
calendar or fiscal years preceding the filing of the applicant's short-
form application. If an entity was not in existence for all or part of 
the relevant period, gross revenues shall be evidenced by the audited 
financial statements of the entity's predecessor-in-interest or, if 
there is no identifiable predecessor-in-interest, unaudited financial 
statements certified by the applicant as accurate. When an applicant 
does not otherwise use audited financial statements, its gross revenues 
may be certified by its chief financial officer or its equivalent.
    (d) Affiliate.--(1) Basis for Affiliation. An individual or entity 
is an affiliate of an applicant if such individual or entity:
    (i) Directly or indirectly controls or has the power to control the 
applicant, or
    (ii) Is directly or indirectly controlled by the applicant, or
    (iii) Is directly or indirectly controlled by a third party or 
parties who also control or have the power to control the applicant, or
    (iv) Has an ``identity of interest'' with the applicant.
    (2) Nature of control in determining affiliation. (i) Every business 
concern is considered to have one or more parties who directly or 
indirectly control or have the power to control it. Control may be 
affirmative or negative and it is immaterial whether it is exercised so 
long as the power to control exists.

    Example for paragraph (d)(2)(i). An applicant owning 50 percent of 
the voting stock of another concern would have negative power to control 
such concern since such party can block any action of the other 
stockholders. Also, the bylaws of a corporation may permit a stockholder 
with less than 50 percent of the voting stock to block any actions taken 
by the other stockholders in the other entity. Affiliation exists when 
the applicant has the power to control a concern while at the same time 
another person, or persons, are in control of the concern at the will of 
the party or parties with the power of control.

    (ii) Control can arise through stock ownership; occupancy of 
director, officer or key employee positions; contractual or other 
business relations; or combinations of these and other factors. A key 
employee is an employee who, because of his/her position in the concern, 
has a critical influence in or substantive control over the operations 
or management of the concern.
    (iii) Control can arise through management positions if the voting 
stock is so widely distributed that no effective control can be 
established.

    Example for paragraph (d)(2)(iii). In a corporation where the 
officers and directors own various size blocks of stock totaling 40 
percent of the corporation's voting stock, but no officer or director 
has a block sufficient to give him/her control or the power to control 
and the remaining 60 percent is widely distributed with no individual 
stockholder having a stock interest greater than 10 percent, management 
has the power to control. If persons with such management control of the 
other entity are controlling principals of the applicant, the other 
entity will be deemed an affiliate of the applicant.

    (3) Identity of interest between and among persons. Affiliation can 
arise between or among two or more persons with an identity of interest, 
such as members of the same family or persons with common investments. 
In determining if the applicant controls or is controlled by a concern, 
persons with an identity of interest will be treated as though they were 
one person.
    (i) Spousal affiliation. Both spouses are deemed to own or control 
or have the power to control interests owned or controlled by either of 
them, unless they are subject to a legal separation recognized by a 
court of competent jurisdiction in the United States.
    (ii) Kinship affiliation. Immediate family members will be presumed 
to own or control or have the power to control interests owned or 
controlled by other immediate family members. In this context 
``immediate family member'' means father, mother, husband, wife, son, 
daughter, brother, sister, father- or mother-in-law, son- or daughter-
in-law, brother- or sister-in-law, step-father, or -mother, step-

[[Page 126]]

brother, or -sister, step-son, or -daughter, half-brother or -sister. 
This presumption may be rebutted by showing that:
    (A) The family members are estranged,
    (B) The family ties are remote, or
    (C) The family members are not closely involved with each other in 
business matters.

    Example for paragraph (d)(3)(ii). A owns a controlling interest in 
Corporation X. A's sister-in-law, B, has a controlling interest in a 
paging geographic area authorization application. Because A and B have a 
presumptive kinship affiliation, A's interest in Corporation X is 
attributable to B, and thus to the applicant, unless B rebuts the 
presumption with the necessary showing.

    (4) Affiliation through stock ownership. (i) An applicant is 
presumed to control or have the power to control a concern if he/she 
owns or controls or has the power to control 50 percent or more of its 
voting stock.
    (ii) An applicant is presumed to control or have the power to 
control a concern even though he/she owns, controls, or has the power to 
control less than 50 percent of the concern's voting stock, if the block 
of stock he/she owns, controls, or has the power to control is large as 
compared with any other outstanding block of stock.
    (iii) If two or more persons each owns, controls or has the power to 
control less than 50 percent of the voting stock of a concern, such 
minority holdings are equal or approximately equal in size, and the 
aggregate of these minority holdings is large as compared with any other 
stock holding, the presumption arises that each one of these persons 
individually controls or has the power to control the concern; however, 
such presumption may be rebutted by a showing that such control or power 
to control, in fact, does not exist.
    (5) Affiliation arising under stock options, convertible debentures, 
and agreements to merge. Stock options, convertible debentures, and 
agreements to merge (including agreements in principle) are generally 
considered to have a present effect on the power to control the concern. 
Therefore, in making a size determination, such options, debentures, and 
agreements will generally be treated as though the rights held 
thereunder had been exercised. However, neither an affiliate nor an 
applicant can use such options and debentures to appear to terminate its 
control over another concern before it actually does so.

    Example 1 for paragraph (d)(5). If company B holds an option to 
purchase a controlling interest in company A, who holds a controlling 
interest in a paging geographic area authorization application, the 
situation is treated as though company B had exercised its rights and 
had become owner of a controlling interest in company A. The gross 
revenues of company B must be taken into account in determining the size 
of the applicant.
    Example 2 for paragraph (d)(5). If a large company, BigCo, holds 70% 
(70 of 100 outstanding shares) of the voting stock of company A, who 
holds a controlling interest in a paging geographic area authorization 
application, and gives a third party, SmallCo, an option to purchase 50 
of the 70 shares owned by BigCo, BigCo will be deemed to be an affiliate 
of company A, and thus the applicant, until SmallCo actually exercises 
its options to purchase such shares. In order to prevent BigCo from 
circumventing the intent of the rule which requires such options to be 
considered on a fully diluted basis, the option is not considered to 
have present effect in this case.
    Example 3 for paragraph (d)(5). If company A has entered into an 
agreement to merge with company B in the future, the situation is 
treated as though the merger has taken place.

    (6) Affiliation under voting trusts. (i) Stock interests held in 
trust shall be deemed controlled by any person who holds or shares the 
power to vote such stock, to any person who has the sole power to sell 
such stock, and to any person who has the right to revoke the trust at 
will or to replace the trustee at will.
    (ii) If a trustee has a familial, personal or extra-trust business 
relationship to the grantor or the beneficiary, the stock interests held 
in trust will be deemed controlled by the grantor or beneficiary, as 
appropriate.
    (iii) If the primary purpose of a voting trust, or similar 
agreement, is to separate voting power from beneficial ownership of 
voting stock for the purpose of shifting control of or the power to 
control a concern in order that such concern or another concern may meet 
the Commission's size standards, such voting trust shall not be 
considered

[[Page 127]]

valid for this purpose regardless of whether it is or is not recognized 
within the appropriate jurisdiction.
    (7) Affiliation through common management. Affiliation generally 
arises where officers, directors, or key employees serve as the majority 
or otherwise as the controlling element of the board of directors and/or 
the management of another entity.
    (8) Affiliation through common facilities. Affiliation generally 
arises where one concern shares office space and/or employees and/or 
other facilities with another concern, particularly where such concerns 
are in the same or related industry or field of operations, or where 
such concerns were formerly affiliated, and through these sharing 
arrangements one concern has control, or potential control, of the other 
concern.
    (9) Affiliation through contractual relationships. Affiliation 
generally arises where one concern is dependent upon another concern for 
contracts and business to such a degree that one concern has control, or 
potential control, of the other concern.
    (10) Affiliation under joint venture arrangements. (i) A joint 
venture for size determination purposes is an association of concerns 
and/or individuals, with interests in any degree or proportion, formed 
by contract, express or implied, to engage in and carry out a single, 
specific business venture for joint profit for which purpose they 
combine their efforts, property, money, skill and knowledge, but not on 
a continuing or permanent basis for conducting business generally. The 
determination whether an entity is a joint venture is based upon the 
facts of the business operation, regardless of how the business 
operation may be designated by the parties involved. An agreement to 
share profits/losses proportionate to each party's contribution to the 
business operation is a significant factor in determining whether the 
business operation is a joint venture.
    (ii) The parties to a joint venture are considered to be affiliated 
with each other.
    (e) Controlling interest. (1) For purposes of this section, 
controlling interest includes individuals or entities with de jure and 
de facto control of the applicant. De jure control is greater than 50 
percent of the voting stock of a corporation, or in the case of a 
partnership, the general partner. De facto control is determined on a 
case-by-case basis. An entity must disclose its equity interest and 
demonstrate at least the following indicia of control to establish that 
it retains de facto control of the applicant:
    (i) The entity constitutes or appoints more than 50 percent of the 
board of directors or management committee;
    (ii) The entity has authority to appoint, promote, demote, and fire 
senior executives that control the day-to-day activities of the 
licensee; and
    (iii) The entity plays an integral role in management decisions.
    (2) Calculation of certain interests. (i) Ownership interests shall 
be calculated on a fully diluted basis; all agreements such as warrants, 
stock options and convertible debentures will generally be treated as if 
the rights thereunder already have been fully exercised.
    (ii) Partnership and other ownership interests and any stock 
interest equity, or outstanding stock, or outstanding voting stock shall 
be attributed as specified below.
    (iii) 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, 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.
    (iv) Non-voting stock shall be attributed as an interest in the 
issuing entity.
    (v) 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.
    (vi) Officers and directors of an entity shall be considered to have 
an attributable interest in the entity. The officers and directors of an 
entity that controls a licensee or applicant shall be considered to have 
an attributable interest in the licensee or applicant.

[[Page 128]]

    (vii) 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.
    (viii) Any person who manages the operations of an applicant or 
licensee pursuant to a management agreement shall be considered to have 
an attributable interest in such applicant or licensee if such person or 
its affiliate pursuant to paragraph (d) of this section has authority to 
make decisions or otherwise engage in practices or activities that 
determine, or significantly influence,
    (A) The nature or types of services offered by such an applicant or 
licensee;
    (B) The terms upon which such services are offered; or
    (C) The prices charged for such services.
    (ix) Any licensee or its affiliate who enters into a joint marketing 
arrangement with an applicant or licensee, or its affiliate, shall be 
considered to have an attributable interest, if such applicant or 
licensee, or its affiliate, has authority to make decisions or otherwise 
engage in practices or activities that determine, or significantly 
influence,
    (A) The nature or types of services offered by such an applicant or 
licensee;
    (B) The terms upon which such services are offered; or
    (C) The prices charged for such services.

[59 FR 59507, Nov. 17, 1994, as amended at 64 FR 33781, June 24, 1999]



Sec. 22.225  Certifications, disclosures, records maintenance and audits.

    (a) Short-form applications: certifications and disclosure. In 
addition to certifications and disclosures required by part 1, subpart 
Q, of this chapter, each applicant for a paging license which qualifies 
as a small business or consortium of small businesses shall append the 
following information as an exhibit to its FCC Form 175:
    (1) The identity of the applicant's controlling interests and 
affiliates, and, if a consortium of small businesses, the members of the 
joint venture; and
    (2) The applicant's gross revenues, computed in accordance with 
Sec. 22.223.
    (b) Long form applications: certifications and disclosure. Each 
applicant submitting a long-form application for a paging geographic 
area authorization and qualifying as a small business shall, in an 
exhibit to its long-form application:
    (1) Disclose separately and in the aggregate the gross revenues, 
computed in accordance with Sec. 22.223, for each of the following: the 
applicant, the applicant's affiliates, the applicant's controlling 
interests, and, if a consortium of small businesses, the members of the 
joint venture;
    (2) List and summarize all agreements or other instruments (with 
appropriate references to specific provisions in the text of such 
agreements and instruments) that support the applicant's eligibility as 
a small business under Secs. 22.217 through 22.223, including the 
establishment of de facto and de jure control; such agreements and 
instruments include, but are not limited to, articles of incorporation 
and bylaws, shareholder agreements, voting or other trust agreements, 
franchise agreements, and any other relevant agreements, including 
letters of intent, oral or written; and
    (3) List and summarize any investor protection agreements, including 
rights of first refusal, supermajority clauses, options, veto rights, 
and rights to hire and fire employees and to appoint members to boards 
of directors or management committees.
    (c) Records maintenance. All winning bidders qualifying as small 
businesses shall maintain at their principal place of business an 
updated file of ownership, revenue, and asset information, including any 
documents necessary to establish eligibility as a small business and/or 
consortium of small businesses under Sec. 22.223. Licensees (and their 
successors-in-interest) shall maintain such

[[Page 129]]

files for the term of the license. Applicants that do not obtain the 
license(s) for which they applied shall maintain such files until the 
grant of such license(s) is final, or one year from the date of the 
filing of their short-form application (FCC Form 175), whichever is 
earlier.
    (d) Audits. (1) Applicants and licensees claiming eligibility as a 
small business or consortium of small businesses under Secs. 22.217 
through 22.223 shall be subject to audits by the Commission. Selection 
for audit may be random, on information, or on the basis of other 
factors.
    (2) Consent to such audits is part of the certification included in 
the short-form application (FCC Form 175). Such consent shall include 
consent to the audit of the applicant's or licensee's books, documents 
and other material (including accounting procedures and practices) 
regardless of form or type, sufficient to confirm that such applicant's 
or licensee's representations are, and remain, accurate. Such consent 
shall include inspection at all reasonable times of the facilities, or 
parts thereof, engaged in providing and transacting business, or keeping 
records regarding licensed paging service and shall also include consent 
to the interview of principals, employees, customers and suppliers of 
the applicant or licensee.
    (e) Definitions. The terms affiliate, small business, consortium of 
small businesses, gross revenues, and controlling interest used in this 
section are defined in Sec. 22.223.

[59 FR 59507, Nov. 17, 1994, as amended at 64 FR 33782, June 24, 1999]



Sec. 22.227  Petitions to deny and limitations on settlements.

    (a) Procedures regarding petitions to deny long-form applications in 
the paging service will be governed by Secs. 1.2108(b) through 1.2108(d) 
of this chapter, Sec. 22.130, and Sec. 90.163.
    (b) The consideration that an individual or an entity will be 
permitted to receive for agreeing to withdraw an application or a 
petition to deny will be limited by the provisions set forth in 
Sec. 22.129, Sec. 90.162, and Sec. 1.2105(c) of this chapter.



            Subpart C--Operational and Technical Requirements

                        Operational Requirements



Sec. 22.301  Station inspection.

    Upon reasonable request, the licensee of any station authorized in 
the Public Mobile Services must make the station and station records 
available for inspection by authorized representatives of the Commission 
at any reasonable hour.

[59 FR 59955, Nov. 21, 1994]



Sec. 22.303  Retention of station authorizations; identifying transmitters.

    The current authorization for each station, together with current 
administrative and technical information concerning modifications to 
facilities pursuant to Sec. 22.163 and added facilities pursuant to 
Sec. 22.165 must be retained as a permanent part of the station records. 
A clearly legible photocopy of the authorization must be available at 
each regularly attended control point of the station, or in lieu of this 
photocopy, licensees may instead make available at each regularly 
attended control point the address or location where the licensee's 
current authorization and other records may be found. The station call 
sign must be clearly and legibly marked on or near every transmitting 
facility, other than mobile transmitters, of the station.



Sec. 22.305  Operator and maintenance requirements.

    FCC operator permits and licenses are not required to operate, 
repair or maintain equipment authorized in the Public Mobile Services. 
Station licensees are responsible for the proper operation and 
maintenance of their stations, and for compliance with FCC rules.



Sec. 22.307  Operation during emergency.

    Licensees of stations in the Public Mobile services may, during a 
period of emergency in which normal communications facilities are 
disrupted as a result of hurricane, flood, earthquake or other natural 
disaster, civil unrest,

[[Page 130]]

widespread vandalism, national emergencies or emergencies declared by 
Executive Order of the President, use their stations to temporarily 
provide emergency communications services in a manner or configuration 
not normally allowed by this part, provided that such operations comply 
with the provisions of this section.
    (a) Technical limitations. Public Mobile stations providing 
temporary emergency communications service must not transmit:
    (1) On channels other than those authorized for normal operations.
    (2) With power in excess of that authorized for normal operations;
    (3) Emission types other than those authorized for normal 
operations.
    (b) Discontinuance. Temporary emergency use of Public Mobile 
stations must be discontinued as soon as normal communication facilities 
are restored. The FCC may, at any time, order the discontinuance of any 
such emergency communication services.



Sec. 22.313  Station identification.

    The licensee of each station in the Public Mobile Services must 
ensure that the transmissions of that station are identified in 
accordance with the requirements of this section.
    (a) Station identification is not required for transmission by:
    (1) Stations in the Cellular Radiotelephone Service;
    (2) General aviation ground stations in the Air-ground 
Radiotelephone Service;
    (3) Rural subscriber stations using meteor burst propagation mode 
communications in the Rural Radiotelephone Service;
    (4) Stations using Basic Exchange Telephone Radio Systems in the 
Rural Radiotelephone Service;
    (5) Nationwide network paging stations operating on 931 MHz 
channels; or,
    (6) Stations operating pursuant to paging geographic area 
authorizations.
    (b) For all other stations in the Public Mobile Services, station 
identification must be transmitted each hour within five minutes of the 
hour, or upon completion of the first transmission after the hour. 
Transmission of station identification may be temporarily delayed to 
avoid interrupting the continuity of any public communication in 
progress, provided that station identification is transmitted at the 
conclusion of that public communication.
    (c) Station identification must be transmitted by telephony using 
the English language or by telegraphy using the international Morse 
code, and in a form that can be received using equipment appropriate for 
the modulation type employed, and understood without the use of 
unscrambling devices, except that, alternatively, station identification 
may be transmitted digitally, provided that the licensee provides the 
Commission with information sufficient to decode the digital 
transmission to ascertain the call sign. Station identification 
comprises transmission of the call sign assigned by the Commission to 
the station, however, the following may be used in lieu of the call 
sign.
    (1) For transmission from subscriber operated transmitters, the 
telephone number or other designation assigned by the carrier, provided 
that a written record of such designations is maintained by the carrier;
    (2) For general aviation airborne mobile stations in the Air-Ground 
Radiotelephone Service, the official FAA registration number of the 
aircraft;
    (3) For stations in the Paging and Radiotelephone Service, a call 
sign assigned to another station within the same system.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59955, Nov. 21, 1994; 
62 FR 11633, Mar. 12, 1997]



Sec. 22.317  Discontinuance of station operation.

    If the operation of a Public Mobile Services station is permanently 
discontinued, the licensee shall send authorization for cancellation by 
electronic filing via the ULS on FCC Form 601. 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

[[Page 131]]

date must not be in excess of 30 additional days.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996; 
63 FR 68944, Dec. 14, 1998]



Sec. 22.321  Equal employment opportunities.

    Public Mobile Services licensees shall afford equal opportunity in 
employment to all qualified persons, and personnel must not be 
discriminated against in employment because of sex, race, color, 
religion, or national origin.
    (a) Equal employment opportunity program. Each licensee shall 
establish, maintain, and carry out a positive continuing program of 
specific practices designed to assure equal opportunity in every aspect 
of employment policy and practice.
    (1) Under the terms of its program, each licensee shall:
    (i) Define the responsibility of each level of management to insure 
a positive application and vigorous enforcement of the policy of equal 
opportunity, and establish a procedure to review and control managerial 
and supervisory performance.
    (ii) Inform its employees and recognized employee organizations of 
the positive equal employment opportunity policy and program and enlist 
their cooperation.
    (iii) Communicate its equal employment opportunity policy and 
program and its employment needs to sources of qualified applicants 
without regard to sex, race, color, religion or national origin, and 
solicit their recruitment assistance on a continuing basis.
    (iv) Conduct a continuing campaign to exclude every form of 
prejudice or discrimination based upon sex, race, color, religion, or 
national origin, from the licensee's personnel policies and practices 
and working conditions.
    (v) Conduct a continuing review of job structure and employment 
practices and adopt positive recruitment, training, job design and other 
measures needed in order to ensure genuine equality of opportunity to 
participate fully in all organizational units, occupations and levels of 
responsibility.
    (2) The program must reasonably address specific concerns through 
policies and actions as set forth in this paragraph, to the extent that 
they are appropriate in consideration of licensee size, location and 
other factors.
    (i) To assure nondiscrimination in recruiting. (A) Posting notices 
in the licensee's offices informing applicants for employment of their 
equal employment rights and their right to notify the Equal Employment 
Opportunity Commission (EEOC), the Federal Communications Commission 
(FCC), or other appropriate agency. Where a substantial number of 
applicants are Spanish-surnamed Americans, such notice should be posted 
in both Spanish and English.
    (B) Placing a notice in bold type on the employment application 
informing prospective employees that discrimination because of sex, 
race, color, religion or national origin is prohibited, and that they 
may notify the EEOC, the FCC or other appropriate agency if they believe 
they have been discriminated against.
    (C) Placing employment advertisements in media which have 
significant circulation among minority groups in the recruiting area.
    (D) Recruiting through schools and colleges with significant 
minority group enrollments.
    (E) Maintaining systematic contacts with minority and human 
relations organizations, leaders and spokespersons to encourage referral 
of qualified minority or female applicants.
    (F) Encouraging present employees to refer minority or female 
applicants.
    (G) Making known to the appropriate recruitment sources in the 
employer's immediate area that qualified minority members are being 
sought for consideration whenever the licensee hires.
    (ii) To assure nondiscrimination in selection and hiring. (A) 
Instructing employees of the licensee who make hiring decisions that all 
applicants for all jobs are to be considered without discrimination.
    (B) Where union agreements exist, cooperating with the union or 
unions in the development of programs to assure qualified minority 
persons or females of equal opportunity for employment, and including an 
effective nondiscrimination clause in new or renegotiated union 
agreements.

[[Page 132]]

    (C) Avoiding use of selection techniques or tests that have the 
effect of discriminating against minority groups or females.
    (iii) To assure nondiscriminatory placement and promotion. (A) 
Instructing employees of the licensee who make decisions on placement 
and promotion that minority employees and females are to be considered 
without discrimination, and that job areas in which there is little or 
no minority or female representation should be reviewed to determine 
whether this results from discrimination.
    (B) Giving minority groups and female employees equal opportunity 
for positions which lead to higher positions. Inquiring as to the 
interest and skills of all lower-paid employees with respect to any of 
the higher-paid positions, followed by assistance, counseling, and 
effective measures to enable employees with interest and potential to 
qualify themselves for such positions.
    (C) Reviewing seniority practices to insure that such practices are 
nondiscriminatory and do not have a discriminatory effect.
    (D) Avoiding use of selection techniques or tests that have the 
effect of discriminating against minority groups or females.
    (iv) To assure nondiscrimination in other areas of employment 
practices. (A) Examining rates of pay and fringe benefits for present 
employees with equivalent duties and adjusting any inequities found.
    (B) Providing opportunity to perform overtime work on a basis that 
does not discriminate against qualified minority groups or female 
employees.
    (b) EEO statement. Each licensee having 16 or more full-time 
employees shall file with the FCC, no later than May 31st following the 
grant of that licensee's first Public Mobile Services authorization, a 
statement describing fully its current equal employment opportunity 
program, indicating specific practices to be followed in order to assure 
equal employment opportunity on the basis of sex, race, color, religion 
or national origin in such aspects of employment practices as regards 
recruitment, selection, training, placement, promotion, pay, working 
conditions, demotion, layoff and termination. Any licensee having 16 or 
more full-time employees that changes its existing equal employment 
opportunity program shall file with the FCC, no later than May 31st 
thereafter, a revised statement reflecting the change(s).

    Note to paragraph (b) of Sec. 22.321:
    Licensees having 16 or more full-time employees that were granted 
their first Public Mobile Services authorization prior to January 1, 
1995, and do not have a current EEO statement on file with the FCC, must 
file such statement, required by paragraph (b) of this section, no later 
than May 31, 1995.

    (c) Report of complaints filed against licensees. Each licensee, 
regardless of how many employees it has, shall submit an annual report 
to the FCC no later than May 31st of each year indicating whether any 
complaints regarding violations by the licensee or equal employment 
provisions of Federal, State, Territorial, or local law have been filed 
before anybody having competent jurisdiction.
    (1) The report should state the parties involved, the date filing, 
the courts or agencies before which the matters have been heard, the 
appropriate file number (if any), and the respective disposition or 
current status of any such complaints.
    (2) Any licensee who has filed such information with the EEOC may 
file a notification of such filing with the FCC in lieu of a report.
    (d) Complaints of violations of Equal Employment Programs. 
Complaints alleging employment discrimination against a common carrier 
licensee are considered by the FCC in the following manner:
    (1) If a complaint raising an issue of discrimination is received 
against a licensee who is within the jurisdiction of the EEOC, it is 
submitted to that agency. The FCC maintains a liaison with that agency 
that keeps the FCC informed of the disposition of complaints filed 
against common carrier licensees.
    (2) Complaints alleging employment discrimination against a common 
carrier licensee who does not fall under the jurisdiction of the EEOC 
but is covered by appropriate enforceable State law, to which penalties 
apply, may be submitted by the FCC to the respective State agency.

[[Page 133]]

    (3) Complaints alleging employment discrimination against a common 
carrier licensee who does not fall under the jurisdiction of the EEOC or 
an appropriate State law, are accorded appropriate treatment by the FCC.
    (4) The FCC will consult with the EEOC on all matters relating to 
the evaluation and determination of compliance by the common carrier 
licensees with the principles of equal employment as set forth herein.
    (5) Complaints indicating a general pattern of disregard of equal 
employment practices which are received against a licensee that is 
required to file an employment report to the FCC under Sec. 1.815(a) of 
this chapter are investigated by the FCC.
    (e) FCC records. A copy of every annual employment report, equal 
employment opportunity program statement, reports on complaints 
regarding violation of equal employment provisions of Federal, State, 
Territorial, or local law, and copies of all exhibits, letters, and 
other documents filed as part thereof, all amendments thereto, all 
correspondence between the licensee and the FCC pertaining to the 
reports after they have been filed and all documents incorporated 
therein by reference, are open for public inspection at the offices of 
the FCC.
    (f) Licensee records. Each licensee required to file annual 
employment reports (pursuant to Sec. 1.815(a) of this chapter), equal 
employment opportunity program statements, and annual reports on 
complaints regarding violations of equal employment provisions of 
Federal, State, Territorial, or local law shall maintain for public 
inspection a file containing a copy of each such report and copies of 
all exhibits, letters, and other documents filed as part thereto, all 
correspondence between the licensee and the FCC pertaining to the 
reports after they have been filed and all documents incorporated 
therein by reference. The documents must be retained for a period of 2 
years.



Sec. 22.323  Incidental communication services.

    Carriers authorized to operate stations in the Public Mobile radio 
services may use these stations to provide other communications services 
incidental to the primary public mobile service for which the 
authorizations were issued, provided that:
    (a) The costs and charges of subscribers who do not wish to use 
incidental services are not increased as a result of provision of 
incidental services to other subscribers;
    (b) The quality of the primary public mobile service does not 
materially deteriorate as a result of provision of incidental services, 
and neither growth nor availability of the primary public mobile service 
is significantly diminished as a result of provision of incidental 
services; and
    (c) The provision of the incidental services is not inconsistent 
with the Communications Act of 1934, as amended, or with FCC rules and 
policies.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68944, Dec. 14, 1998; 
65 FR 49202, Aug. 11, 2000]



Sec. 22.325  Control points.

    Each station in the Public Mobile Services must have at least one 
control point and a person on duty who is responsible for station 
operation. This section does not require that the person on duty be at 
the control point or continuously monitor all transmissions of the 
station. However, the control point must have facilities that enable the 
person on duty to turn off the transmitters in the event of a 
malfunction.

                         Technical Requirements



Sec. 22.351  Channel assignment policy.

    The channels allocated for use in the Public Mobile Services are 
listed in the applicable subparts of this part. Channels and channel 
blocks are assigned in such a manner as to facilitate the rendition of 
service on an interference-free basis in each service area. Except as 
otherwise provided in this part, each channel or channel block is 
assigned exclusively to one common carrier in each service area. All 
applicants for, and licensees of, stations in the Public Mobile Services 
shall cooperate in the selection and use of channels in order to 
minimize interference and obtain the most efficient use of the allocated 
spectrum.

[[Page 134]]



Sec. 22.352  Protection from interference.

    Public Mobile Service stations operating in accordance with FCC 
rules that provide technical channel assignment criteria for the radio 
service and channels involved, all other applicable FCC rules, and the 
terms and conditions of their authorizations are normally considered to 
be non-interfering. If the FCC determines, however, that interference 
that significantly interrupts or degrades a radio service is being 
caused, it may, in accordance with the provisions of sections 303(f) and 
316 of the Communications Act of 1934, as amended, (47 U.S.C. 303(f), 
316), require modifications to any Public Mobile station as necessary to 
eliminate such interference.
    (a) Failure to operate as authorized. Any licensee causing 
interference to the service of other stations by failing to operate its 
station in full accordance with its authorization and applicable FCC 
rules shall discontinue all transmissions, except those necessary for 
the immediate safety of life or property, until it can bring its station 
into full compliance with the authorization and rules.
    (b) Intermodulation interference. Licensees should attempt to 
resolve such interference by technical means.
    (c) Situations in which no protection is afforded. Except as 
provided elsewhere in this part, no protection from interference is 
afforded in the following situations:
    (1) Interference to base receivers from base or fixed transmitters. 
Licensees should attempt to resolve such interference by technical means 
or operating arrangements.
    (2) Inteference to mobile receivers from mobile transmitters. No 
protection is provided against mobile-to-mobile interference.
    (3) Interference to base receivers from mobile transmitters. No 
protection is provided against mobile-to-base interference.
    (4) Interference to fixed stations. Licensees should attempt to 
resolve such interference by technical means or operating arrangements.
    (5) Anomalous or infrequent propagation modes. No protection is 
provided against interference caused by tropospheric and ionospheric 
propagation of signals.
    (6) Facilities for which the Commission is not notified. No 
protection is provided against interference to the service of any 
additional or modified transmitter operating pursuant to Secs. 1.929 or 
22.165, unless and until the licensee modifies its authorization using 
FCC Form 601.
    (7) In-building radiation systems. No protection is provided against 
interference to the service of in-building radiation systems (see 
Sec. 22.383).

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11633, Mar. 12, 1997; 
63 FR 68944, Dec. 14, 1998]



Sec. 22.353  Blanketing interference.

    Licensees of Public Mobile Services stations are responsible for 
resolving cases of blanketing interference in accordance with the 
provisions of this section.
    (a) Except as provided in paragraph (c) of this section, licensees 
must resolve any cases of blanketing interference in their area of 
responsibility caused by operation of their transmitter(s) during a one-
year period following commencement of service from new or modified 
transmitter(s). Interference must be resolved promptly at no cost to the 
complainant.
    (b) The area of responsibility is that area in the immediate 
vicinity of the transmitting antenna of stations where the field 
strength of the electromagnetic radiation from such stations equals or 
exceeds 115 dBV/m. To determine the radial distance to the 
boundary of this area, the following formula must be used:
[GRAPHIC] [TIFF OMITTED] TR17NO94.007

where d is the radial distance to the boundary, in kilometers
p is the radial effective radiated power, in kilowatts


The maximum effective radiated power in the pertinent direction, without 
consideration of the antenna's vertical radiation pattern or height, 
must be used in the formula.
    (c) Licensees are not required to resolve blanketing interference to 
mobile

[[Page 135]]

receivers or non-RF devices or blanketing interference occurring as a 
result of malfunctioning or mistuned receivers, improperly installed 
consumer antenna systems, or the use of high gain antennas or antenna 
booster amplifiers by consumers.
    (d) Licensees that install transmitting antennas at a location where 
there are already one or more transmitting antennas are responsible for 
resolving any new cases of blanketing interference in accordance with 
this section.
    (e) Two or more licensees that concurrently install transmitting 
antennas at the same location are jointly responsible for resolving 
blanketing interference cases, unless the FCC can readily determine 
which station is causing the interference, in which case the licensee of 
that station is held fully responsible.
    (f) After the one year period of responsibility to resolve 
blanketing interference, licensees must provide upon request technical 
information to complainants on remedies for blanketing interference.



Sec. 22.355  Frequency tolerance.

    Except as otherwise provided in this part, the carrier frequency of 
each transmitter in the Public Mobile Services must be maintained within 
the tolerances given in Table C-1 of this section.

  Table C-1.--Frequency Tolerance for Transmitters in the Public Mobile
                                Services
------------------------------------------------------------------------
                                                 Mobile 3   Mobile  3
                                     (ppm)                   watts (ppm)
------------------------------------------------------------------------
25 to 50........................         20.0         20.0          50.0
50 to 450.......................          5.0          5.0          50.0
450 to 512......................          2.5          5.0           5.0
821 to 896......................          1.5          2.5           2.5
928 to 929......................          5.0          n/a           n/a
929 to 960......................          1.5          n/a           n/a
2110 to 2220....................         10.0          n/a           n/a
------------------------------------------------------------------------


[61 FR 54099, Oct. 17, 1996]



Sec. 22.357  Emission types.

    Any authorized station in the Public Mobile Services may transmit 
any emission type provided that the resulting emission complies with the 
appropriate emission mask. See Secs. 22.359, 22.861 and 22.917.

[61 FR 54099, Oct. 17, 1996]



Sec. 22.359  Emission masks.

    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) Analog modulation. 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:

at least 25 dB:

    (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:

at least 35 dB:

    (3) On any frequency removed from the center frequency of the 
assigned channel by more than 250 percent of the authorized bandwidth:

at least 43 + 10 log P dB, or 80 dB, whichever is the lesser 
attenuation.

    (b) Digital modulation. 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 fd

[[Page 136]]

(in kHz) of more than 5 kHz but not more than 10 kHz:

at least 83 log (fd5) dB;

    (ii) On any frequency removed from the center frequency of the 
assigned channel by a displacement frequency fd (in kHz) of 
more than 10 kHz but not more than 250 percent of the authorized 
bandwidth:

at least 29 log fd211) dB or 50 dB, whichever is the 
lesser attenuation;

    (iii) On any frequency removed from the center frequency of the 
assigned channel by more than 250 percent of the authorized bandwidth:

at least 43 + 10 log P dB, or 80 dB, whichever is the lesser 
attenuation.

    (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 fd (in kHz) of 
more than 5 kHz but not more than 10 kHz:


at least 83 log (fd5) dB;

    (ii) On any frequency removed from the center frequency of the 
assigned channel by a displacement frequency fd (in kHz) of 
more than 10 kHz but not more than 250 percent of the authorized 
bandwidth:

at least 116 log (fd6.1) dB, or 50 + 10 log P dB, or 
70 dB, whichever is the lesser attenuation;

    (iii) On any frequency removed from the center frequency of the 
assigned channel by more than 250 percent of the authorized bandwidth:

at least 43 + 10 log P dB, or 80 dB, whichever is the lesser 
attenuation.

    (c) Measurement procedure. 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.



Sec. 22.361  Standby facilities.

    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.

       Table C-2.--Technical Requirements for Directional Antennas
------------------------------------------------------------------------
                                                 Maximum
               Frequency range                  beamwidth    Suppression
------------------------------------------------------------------------
35 to 512 MHz                                      80 deg.         10 dB
------------------------------------------------------------------------
512 to 1500 MHz                                    20 deg.         13 dB
------------------------------------------------------------------------
1500 to 2500 MHz                                   12 deg.         13 dB
------------------------------------------------------------------------


[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995]



Sec. 22.363  Directional antennas.

    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 Sec. 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.



Sec. 22.365  Antenna structures; air navigation safety.

    Licensees that own their antenna structures must not allow these 
antenna structures to become a hazard to air navigation. In general, 
antenna

[[Page 137]]

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 Sec. 17.6 of this chapter.
    (a) Marking and lighting. 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) Maintenance contracts. 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.

[61 FR 4365, Feb. 6, 1996]



Sec. 22.367  Wave polarization.

    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) Vertical. 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 Sec. 22.563.
    (7) Ground and airborne mobile transmitters in the Air-ground 
Radiotelephone Service.
    (b) Horizontal. 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) Circular. 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) Any polarization. Public Land Mobile stations transmitting on 
channels higher than 960 MHz are not limited as to wave polarization.



Sec. 22.371  Disturbance of AM broadcast station antenna patterns.

    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) Non-directional AM stations. 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) Directional AM stations. If tower construction or modification 
is planned within 3 kilometers (1.9 miles)

[[Page 138]]

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.



Sec. 22.373  Access to transmitters.

    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.



Sec. 22.377  Certification of transmitters.

    Except as provided in paragraph (b) of this section, transmitters 
used in the Public Mobile Services, including 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 
Sec. 22.933) and the electronic serial number rule (see Sec. 22.919).

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996; 
63 FR 36603, July 7, 1998]



Sec. 22.379  Replacement of equipment.

    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;

[[Page 139]]

    (d) The Effective radiated power, emission type, antenna radiation 
pattern and center of radiation height above average terrain are not 
changed.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 36603, July 7, 1998]



Sec. 22.381  Auxiliary test transmitters.

    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.



Sec. 22.383  In-building radiation systems.

    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.



                 Subpart D--Developmental Authorizations



Sec. 22.401  Description and purposes of developmental authorizations.

    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 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.



Sec. 22.403  General limitations.

    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.



Sec. 22.409  Developmental authorization for a new Public Mobile Service or technology.

    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

[[Page 140]]

chapter may be made only in accordance with the provisions of part 5 of 
this chapter.
    (a) Preliminary determination. 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) Petition required. 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) Application requirements. 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.
    (d) Communication service for hire prohibited. 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) Adherence to program. 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) Report requirements. 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) Confidentiality. 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) Renewal. 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,

[[Page 141]]

    (3) Immediately resolved to the FCC's satisfaction all complaints of 
interference caused by the station operating under developmental 
authority.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996]



Sec. 22.411  Developmental authorization of 43 MHz paging transmitters.

    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) Carrier responsibility. 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) Periodic surveys. 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.
    (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) Periodic reports. 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) Exceptions. 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 using FCC Form 601 via the ULS prior to the 
expiration of the developmental period.

[[Page 142]]

    (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.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68944, Dec. 14, 1998]



Sec. 22.413  Developmental authorization of 72-76 MHz fixed transmitters.

    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) Carrier responsibility. 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) Exceptions. 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. Licensees that hold a 
developmental authorization for a 72-76 MHz fixed station and wish to 
request a regular authorization must file an application using FCC Form 
601 via the ULS 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 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.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68944, Dec. 14, 1998]



Sec. 22.415  Developmental authorization of 928-960 MHz fixed transmitters.

    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 Sec. 22.625), 
subject to the requirements of this section.
    (a) Carrier responsibility. 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) Exceptions. 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. Licensees that hold a 
developmental authorization and wish to request a regular authorization 
must file an application using FCC Form 601 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

[[Page 143]]

service and no interference has been caused.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68944, Dec. 14, 1998]



Sec. 22.417  Developmental authorization of meteor burst systems.

    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 Secs. 22.725(c) and 22.729.
    (a) Carrier responsibility. Carriers and subscribers so authorized 
shall operate the station under developmental authority for a period of 
at least one year.
    (b) Exceptions. 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 six months of operation under developmental authorization, 
and provided that no interference has been caused to other operations. 
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 using FCC Form 
601 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 consent to 
such transfer of control provided that the station has been in operation 
providing service with no substantial interruptions.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68944, Dec. 14, 1998]



              Subpart E--Paging and Radiotelephone Service



Sec. 22.501  Scope.

    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.



Sec. 22.503  Paging geographic area authorizations.

    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) Channels. The FCC may issue a paging geographic area 
authorization for any channel listed in Sec. 22.531 of this part or for 
any channel pair listed in Sec. 22.561 of this part.
    (b) Paging geographic areas. 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) Major Economic Areas (MEAs) and Economic Areas (EAs) are defined 
below. EAs are defined by the Department of Commerce, Bureau of Economic 
Analysis. See Final Redefinition of the MEA Economic Areas, 60 FR 13114 
(March 10, 1995). MEAs are based on EAs. In addition to the Department 
of Commerce's 172 EAs, the FCC shall separately license Guam and the 
Northern Mariana Islands, Puerto Rico and the United States Virgin 
Islands, and American Samoa, which have been assigned FCC-created EA 
numbers 173-175, respectively, and MEA numbers 49-51, respectively.
    (3) The 51 MEAs are composed of one or more EAs as defined in the 
following table:

------------------------------------------------------------------------
                   MEAs                                  EAs
------------------------------------------------------------------------
1 (Boston)................................  1-3.
2 (New York City).........................  4-7, 10.

[[Page 144]]

 
3 (Buffalo)...............................  8.
4 (Philadelphia)..........................  11-12.
5 (Washington)............................  13-14.
6 (Richmond)..............................  15-17, 20.
7 (Charlotte-Greensboro-Greenville-         18-19, 21-26, 41-42, 46.
 Raleigh).
8 (Atlanta)...............................  27-28, 37-40, 43.
9 (Jacksonville)..........................  29, 35.
10 (Tampa-St. Petersburg-Orlando).........  30, 33-34.
11 (Miami)................................  31-32.
12 (Pittsburgh)...........................  9, 52-53.
13 (Cincinnati-Dayton)....................  48-50.
14 (Columbus).............................  51.
15 (Cleveland)............................  54-55.
16 (Detroit)..............................  56-58, 61-62.
17 (Milwaukee)............................  59-60, 63, 104-105, 108.
18 (Chicago)..............................  64-66, 68, 97, 101.
19 (Indianapolis).........................  67.
20 (Minneapolis-St. Paul).................  106-107, 109-114, 116.
21 (Des Moines-Quad Cities)...............  100, 102-103, 117.
22 (Knoxville)............................  44-45.
23 (Louisville-Lexington-Evansville)......  47, 69-70, 72.
24 (Birmingham)...........................  36, 74, 78-79.
25 (Nashville)............................  71.
26 (Memphis-Jackson)......................  73, 75-77.
27 (New Orleans-Baton Rouge)..............  80-85.
28 (Little Rock)..........................  90-92, 95.
29 (Kansas City)..........................  93, 99, 123.
30 (St. Louis)............................  94, 96, 98.
31 (Houston)..............................  86-87, 131.
32 (Dallas-Fort Worth)....................  88-89, 127-130, 135, 137-
                                             138.
33 (Denver)...............................  115, 140-143.
34 (Omaha)................................  118-121.
35 (Wichita)..............................  122.
36 (Tulsa)................................  124.
37 (Oklahoma City)........................  125-126.
38 (San Antonio)..........................  132-134.
39 (El Paso-Albuquerque)..................  136, 139, 155-157.
40 (Phoenix)..............................  154, 158-159.
41 (Spokane-Billings).....................  144-147, 168.
42 (Salt Lake City).......................  148-150, 152.
43 (San Francisco-Oakland-San Jose).......  151, 162-165.
44 (Los Angeles-San Diego)................  153, 160-161.
45 (Portland).............................  166-167.
46 (Seattle)..............................  169-170.
47 (Alaska)...............................  171.
48 (Hawaii)...............................  172.
49 (Guam and the Northern Mariana Islands)  173.
50 (Puerto Rico and U.S. Virgin Islands)..  174.
51 (American Samoa).......................  175.
------------------------------------------------------------------------

    (c) Availability. 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) Filing windows. 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) One grant per geographic area. 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 Secs. 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) Exclusive right to expand. 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:
    (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) Subsequent applications not accepted. 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:

[[Page 145]]

    (1) FCC grant of an application authorizing the construction of the 
facility could have a significant environmental effect as defined by 
Sec. 1.1307 of this chapter. See Sec. 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. See Sec. 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) Adjacent geographic area coordination required. Before 
constructing a facility for which the interfering contour (as defined in 
Sec. 22.537 or Sec. 22.567 of this part, 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. Licensees are expected to cooperate 
fully and in good faith attempt to resolve potential interference 
problems before bringing matters to the FCC. 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 authorization 
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) Protection of existing service. All facilities constructed and 
operated pursuant to a paging geographic area authorization must provide 
co-channel interference protection in accordance with Sec. 22.537 or 
Sec. 22.567, as appropriate for the channel involved, to all authorized 
co-channel facilities of exclusive licensees within the paging 
geographic area. Non-exclusive licensees on the thirty-five exclusive 
929 MHz channels are not entitled to exclusive status, and will continue 
to operate under the sharing arrangements established with the exclusive 
licensees and other non-exclusive licensees that were in effect prior to 
February 19, 1997. MEA, EA, and nationwide geographic area licensees 
have the right to share with non-exclusive licensees on the thirty-five 
exclusive 929 MHz channels on a non-interfering basis.
    (j) Site location restriction. 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) Coverage requirements. Failure by an MEA or EA licensee to meet 
either 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, will result in automatic termination 
of authorizations for those facilities that were not authorized, 
constructed, and operating at the time the geographic area authorization 
was granted. MEA and EA licensees have the burden of showing when their 
facilities were authorized, constructed, and operating, and should 
retain necessary records of these sites until coverage requirements are 
fulfilled. 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 Secs. 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 an MEA or 
EA 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 at the end of the three-year period pursuant to 
Sec. 1.946 of this chapter, 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.

[[Page 146]]

    (2) No later than five years after the initial grant of an MEA or EA 
geographic area authorization, the licensee must construct or otherwise 
acquire and operate sufficient facilities to cover two thirds of the 
population in the paging geographic area. The licensee must notify the 
FCC at the end of the five year period pursuant to Sec. 1.946 of this 
chapter, 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.

[62 FR 11633, Mar. 12, 1997, as amended at 63 FR 68945, Dec. 14, 1998; 
64 FR 33782, June 24, 1999]



Sec. 22.507  Number of transmitters per station.

    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) Operationally related transmitters. 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.g., trunked systems, simulcast systems), 
rather than independently.
    (b) Split of large systems. 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) Consolidation of separate stations. The FCC may consolidate 
site-specific contiguous authorizations upon request (FCC Form 601) of 
the licensee, if appropriate under paragraph (a) of this section. Paging 
licensees may include remote, stand-alone transmitters under the single 
system-wide authorization, if the remote, stand-alone transmitter is 
linked to the system via a control/repeater facility or by satellite. 
Including a remote, stand-alone transmitter in a system-wide 
authorization does not alter the limitations provided under 
Sec. 22.503(f) on entities other than the paging geographic area 
licensee. In the alternative, paging licensees may maintain separate 
site-specific authorizations for stand-alone or remote transmitters. The 
earliest expiration date of the authorizations that make up the single 
system-wide authorization will determine the expiration date for the 
system-wide authorization. Licensees must file timely renewal 
applications for site-specific authorizations included in a single 
system-wide authorization request until the request is approved. Renewal 
of the system-wide authorization will be subject to Sec. 1.949 of this 
chapter.
    (d) Replacement of site-by-site authorizations with single 
authorization. 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.

[62 FR 11634, Mar. 12, 1997, as amended at 63 FR 68945, Dec. 14, 1998; 
64 FR 33784, June 24, 1999]



Sec. 22.509  Procedures for mutually exclusive applications in the Paging and Radiotelephone Service.

    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 
Sec. 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

[[Page 147]]

seek authorization to operate facilities on the same channel in the same 
area, or the technical proposals are otherwise in conflict. See 
Sec. 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 
Sec. 22.131(c)(3)(ii) and Sec. 22.131(c)(4).

[59 FR 59956, Nov. 21, 1994; as amended at 61 FR 54099, Oct. 17, 1996; 
64 FR 33784, June 24, 1999]



Sec. 22.511  Construction period for the Paging and Radiotelephone Service.

    The construction period for stations in the Paging and 
Radiotelephone Service is one year.



Sec. 22.513  Partitioning and disaggregation.

    MEA and EA licensees may apply to partition their authorized 
geographic service area or disaggregate their authorized spectrum at any 
time following grant of their geographic area authorizations. Nationwide 
geographic area licensees may apply to partition their authorized 
geographic service area or disaggregate their authorized spectrum at any 
time as of August 23, 1999.
    (a) Application required. Parties seeking approval for partitioning 
and/or disaggregation shall apply for partial assignment of a license 
pursuant to Sec. 1.948 of this chapter.
    (b) Partitioning. In the case of partitioning, requests for 
authorization for partial assignment of a license must include, as 
attachments, a description of the partitioned service area and a 
calculation of the population of the partitioned service area and the 
authorized geographic service area. The partitioned service area shall 
be defined by 120 sets of geographic coordinates at points at every 3 
degrees azimuth from a point within the partitioned service area along 
the partitioned service area boundary unless either an FCC-recognized 
service area is used (e.g., MEA or EA) or county lines are followed. The 
geographical coordinates must be specified in degrees, minutes, and 
seconds to the nearest second latitude and longitude, and must be based 
upon the 1983 North American Datum (NAD83). In the case where FCC-
recognized service areas or county lines are used, applicants need only 
list the specific area(s) through use of FCC designations or county 
names that constitute the partitioned area.
    (c) Disaggregation. Spectrum may be disaggregated in any amount.
    (d) Combined partitioning and disaggregation. Licensees may apply 
for partial assignment of authorizations that propose combinations of 
partitioning and disaggregation.
    (e) License term. The license term for a partitioned license area 
and for disaggregated spectrum shall be the remainder of the original 
licensee's license term as provided for in Sec. 1.955 of this chapter.
    (f) Coverage requirements for partitioning. (1) Parties to a 
partitioning agreement must satisfy at least one of the following 
requirements:
    (i) The partitionee must satisfy the applicable coverage 
requirements set forth in Sec. 22.503(k)(1), (2) and (3) for the 
partitioned license area; or
    (ii) The original licensee must meet the coverage requirements set 
forth in Sec. 22.503(k)(1), (2) and (3) for the entire geographic area. 
In this case, the partitionee must meet only the requirements for 
renewal of its authorization for the partitioned license area.
    (2) Parties seeking authority to partition must submit with their 
partial assignment application a certification signed by both parties 
stating which of the above options they select.
    (3) Partitionees must submit supporting documents showing compliance 
with their coverage requirements as set forth in Sec. 22.503(k)(1), (2) 
and (3).
    (4) Failure by any partitionee to meet its coverage requirements 
will result in automatic cancellation of the partitioned authorization 
without further Commission action.
    (g) Coverage requirements for disaggregation. (1) Parties to a 
disaggregation agreement must satisfy at least one of the following 
requirements:
    (i) Either the disaggregator or disaggregatee must satisfy the 
coverage requirements set forth in Sec. 22.503

[[Page 148]]

(k)(1), (2) and (3) for the entire license area; or
    (ii) Parties must agree to share responsibility for meeting the 
coverage requirements set forth in Sec. 22.503 (k)(1), (2) and (3) for 
the entire license area.
    (2) Parties seeking authority to disaggregate must submit with their 
partial assignment application a certification signed by both parties 
stating which of the above requirements they meet.
    (3) Disaggregatees must submit supporting documents showing 
compliance with their coverage requirements as set forth in Sec. 22.503 
(k)(1), (2) and (3).
    (4) Parties that accept responsibility for meeting the coverage 
requirements and later fail to do so will be subject to automatic 
license cancellation without further Commission action.

[64 FR 33784, June 24, 1999]



Sec. 22.515  Permissible communications paths.

    Mobile stations may communicate only with and through base stations. 
Base stations may communicate only with mobile stations and receivers on 
land or surface vessels.



Sec. 22.527  Signal boosters.

    Licensees may install and operate signal boosters on channels listed 
in Sec. 22.531 only in accordance with the provisions of Sec. 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.

[61 FR 31051, June 19, 1996]



Sec. 22.529  Application requirements for the Paging and Radiotelephone Service.

    In addition to information required by subparts B and D of this 
part, applications for authorization in the Paging and Radiotelephone 
Service contain required information as described in the instructions to 
the form. Site coordinates must be referenced to NAD83 and be correct to 
+-1 second.
    (a) Administrative information. The following information, 
associated with Form 601, 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) Technical data. The following data, associated with FCC Form 
601, are required as indicated for each application. 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 Commission location number, if any, the street 
address or other description of the transmitting antenna site, the city, 
county and state, the geographic coordinates (latitude and longitude), 
correct to 1 second, of the transmitting antenna site 
(NAD83), and in the case of a proposed relocation of a transmitting 
antenna, the Commission location number and geographic coordinates, 
correct to 1 second, of the transmitting antenna site 
(NAD83) to which the geographic 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

[[Page 149]]

transmitting antenna site is North of Line A or East of Line C. Line A 
and Line C are defined in Sec. 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) 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 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) 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 location (city or town, state), and the 
geographical coordinates (latitude and longitude, NAD 83).
    (c) Upon request by an applicant, licensee, or the Commission, a 
part 22 applicant or licensee of whom the request is made shall furnish 
the antenna type, model, and the name of the antenna manufacturer to the 
requesting party within ten (10) days of receiving written notification.

[62 FR 11635, Mar. 12, 1997, as amended at 63 FR 68945, Dec. 14, 1998; 
64 FR 53240, Oct. 1, 1999]

    Effective Date Note: At 64 FR 53240, Oct. 1, 1999, Sec. 22.529 was 
amended by adding paragraph (c). This paragraph contains information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.

                            Paging Operation



Sec. 22.531  Channels for paging operation.

    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.

                            Low VHF Channels
 
35.20              35.46              43.20             43.46
35.22              35.50              43.22             43.50
35.24              35.54              43.24             43.54
35.26              35.56              43.26             43.56
35.30              35.58              43.30             43.58
35.34              35.60              43.34             43.60
35.38              35.62              43.38             43.62
35.42              35.66              43.42             43.66
 
                            High VHF Channels
 
152.24             152.84             158.10            158.70
 
                              UHF Channels
 
931.0125           931.2625           931.5125          931.7625
931.0375           931.2875           931.5375          931.7875
931.0625           931.3125           931.5625          931.8125
931.0875           931.3375           931.5875          931.8375
931.1125           931.3625           931.6125          931.8625
931.1375           931.3875           931.6375          931.8875
931.1625           931.4125           931.6625          931.9125
931.1875           931.4375           931.6875          931.9375
931.2125           931.4625           931.7125          931.9625
931.2375           931.4875           931.7375          931.9875
 


    (a) The 43 MHz channels may be assigned under developmental 
authorizations, pursuant to the requirements of Sec. 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 using FCC Form 601, 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,

[[Page 150]]

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 deg. to longitude W.75 deg. and from 
longitude W.78 deg. to longitude W.81 deg.:

931.0125           931.1125           931.1875          931.2625
931.0375           931.1375           931.2125          931.8625
931.0625           931.1625           931.2375
 

    (2) From longitude W.81 deg. to longitude W.85 deg.:

931.0125           931.2125           931.3875          931.5875
931.0375           931.2375           931.4125          931.6125
931.0625           931.2625           931.4625          931.6375
931.1125           931.2875           931.4875          931.8625
931.1375           931.3125           931.5125
931.1625           931.3375           931.5375
931.1875           931.3625           931.5625
 

    (3) Longitudes other than specified in paragraphs (e)(1) and (e)(2) 
of this section:

931.0125           931.1625           931.2875          931.4125
931.0375           931.1875           931.3125          931.4625
931.0625           931.2125           931.3375          931.8625
931.1125           931.2375           931.3625
931.1375           931.2625           931.3875
 

    (4) At any longitude, with authorization condition requiring 
coordinated, shared use and equal access by licensees in both countries:

931.4375           931.8875           931.9125          931.9375
 

    (f) For the purpose of issuing paging geographic authorizations, the 
paging geographic areas used for UHF channels are the MEAs, and the 
paging geographic areas used for the low and high VHF channels are the 
EAs (see Sec. 22.503(b)).

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
62 FR 11635, Mar. 12, 1997; 63 FR 68945, Dec. 14, 1998; 64 FR 33784, 
June 24, 1999]



Sec. 22.535  Effective radiated power limits.

    The effective radiated power (ERP) of transmitters operating on the 
channels listed in Sec. 22.531 must not exceed the limits in this 
section.
    (a) Maximum ERP. The ERP must not exceed the applicable limits in 
this paragraph under any circumstances.

------------------------------------------------------------------------
                                                             Maximum ERP
                   Frequency range (MHz)                       (Watts)
------------------------------------------------------------------------
35-36......................................................          600
43-44......................................................          500
152-159....................................................         1400
931-932....................................................         3500
------------------------------------------------------------------------

    (b) Basic power limit. Except as provided in paragraph (d) of this 
section, the ERP of transmitters on the VHF channels must not exceed 500 
Watts.
    (c) Height-power limit. 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 Sec. 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) Encompassed interfering contour areas. 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) Adjacent channel protection. 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) Signal boosters. The effective radiated power of signal boosters 
must not

[[Page 151]]

exceed 5 watts ERP under any normal operating condition.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996]



Sec. 22.537  Technical channel assignment criteria.

    The rules in this section establish technical assignment criteria 
for the channels listed in Sec. 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) Contour overlap. 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 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) Protected transmitter. 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) VHF service contour. 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:
d=1.243 x h0.40 x p0.20
where d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
    (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 deg. intervals.
    (d) VHF interfering contour. 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:
d=6.509 x h0.28 x p0.17
where d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
    (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

[[Page 152]]

above and below the inter-station radial at 2.5 deg. intervals.
    (e) 931 MHz service contour. 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.

                                    Table E-1.--931 MHz Paging Service Radii
----------------------------------------------------------------------------------------------------------------
     Service radius km (miles)                            Effective radiated power (Watts)
----------------------------------------------------------------------------------------------------------------
    Antenna HAAT meters (feet)         0-125       126-250      251-500      501-1000    1001-1860    1861-3500
----------------------------------------------------------------------------------------------------------------
0-177.............................    32.2 (20)    32.2 (20)    32.2 (20)    32.2 (20)    32.2 (20)    32.2 (20)
(0-581)
178-305...........................    32.2 (20)    32.2 (20)    32.2 (20)    32.2 (20)    37.0 (23)    41.8 (26)
(582-1001)
306-427...........................    32.2 (20)    32.2 (20)    37.0 (23)    41.8 (26)    56.3 (35)    56.3 (35)
(1002-1401)
428-610...........................    32.2 (20)    37.0 (23)    41.8 (26)    56.3 (35)    56.3 (35)    56.3 (35)
(1402-2001)
611-861...........................    37.0 (23)    41.8 (26)    41.8 (26)    56.3 (35)    83.7 (52)    83.7 (52)
(2002-2825)
862-1219..........................    41.8 (26)    56.3 (35)    56.3 (35)    83.7 (52)    83.7 (52)    83.7 (52)
(2826-3999)
1220+.............................    56.3 (35)    56.3 (35)    83.7 (52)    83.7 (52)    83.7 (52)    83.7 (52)
(4000+)
----------------------------------------------------------------------------------------------------------------

    (f) 931 MHz interfering contour. 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.

                                  Table E-2.--931 MHz Paging Interfering Radii
----------------------------------------------------------------------------------------------------------------
   Interfering radius km (miles)                          Effective radiated power (Watts)
----------------------------------------------------------------------------------------------------------------
    Antenna HAAT meters (feet)         0-125       126-250      251-500      501-1000    1001-1860    1861-3500
----------------------------------------------------------------------------------------------------------------
0-177.............................    80.5 (50)    80.5 (50)    80.5 (50)    80.5 (50)    80.5 (50)    80.5 (50)
(0-581)
178-305...........................    80.5 (50)    80.5 (50)    80.5 (50)    80.5 (50)    88.5 (55)    96.6 (60)
(582-1001)
306-427...........................    80.5 (50)    80.5 (50)    88.5 (55)    96.6 (60)   130.4 (81)   130.4 (81)
(1002-1401)
428-610...........................    80.5 (50)    88.5 (55)    96.6 (60)   130.4 (81)   130.4 (81)   130.4 (81)
(1402-2001)
611-861...........................    88.5 (55)    96.6 (60)    96.6 (60)   130.4 (81)  191.5 (119)  191.5 (119)
(2002-2825)
862-1219..........................    96.6 (60)   130.4 (81)   130.4 (81)  191.5 (119)  191.5 (119)  191.5 (119)
(2826-3999)
1220+
(4000+)...........................   130.4 (81)   130.4 (81)  191.5 (119)  191.5 (119)  191.5 (119)  191.5 (119)
----------------------------------------------------------------------------------------------------------------

    (g) In-building radiation systems. 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) Signal boosters on 931 MHz channels. For the purpose of 
compliance with Sec. 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).

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996]



Sec. 22.539  Additional channel policies.

    The rules in this subsection 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

[[Page 153]]

same geographic area. This section applies to applications proposing to 
use the channels listed in Sec. 22.531, excluding the nationwide network 
paging channels and broadcast station subcarriers, or the channels 
listed in Sec. 22.561, where the application proposes to use those 
channels to provide paging service only. The general policy of the 
Commission 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 the 
subscribers, and notify the Commission of commencement of service to 
subscribers by using FCC Form 601 before applying for an additional 
paging channel in that area. This notification must be sent by 
electronic filing via the ULS.
    (a) VHF transmitters in same area. Any transmitter on any VHF 
channel listed in Sec. 22.531 is considered to be in the same geographic 
area as another transmitter on any other VHF channel listed in 
Sec. 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) 931 MHz transmitters in same area. Any transmitter on any 931 
MHz channel is considered to be in the same geographic area as another 
transmitter on any channel listed in Sec. 22.531 if it is located less 
than 64.4 kilometers (40 miles) from the transmitter. Likewise, any 
transmitter on any channel listed in Sec. 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) Initial channel. 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 
Sec. 22.531 controlled by the applicant in the same geographic area.
    (d) Additional channel. 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) Additional transmitters on same channel. 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) Amendment of pending application. 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) Dismissal of premature applications for additional channel. 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 
Sec. 22.128.

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11635, Mar. 12, 1997; 
63 FR 68945, Dec. 14, 1998]



Sec. 22.551  Nationwide network paging service.

    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 Sec. 22.531(b).

[[Page 154]]

    (a) Nationwide network providers; organizers. 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) Licensing. 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 Sec. 22.531(b) are authorized solely under the 
authorization(s) of the nationwide network provider or organizer, 
notwithstanding whether or not the messages pass through facilities 
owned, operated or licensed to affiliated local carriers.

[62 FR 11636, Mar. 12, 1997]



Sec. 22.559  Paging application requirements.

    In addition to information required by subparts B and D and 
Sec. 22.529, applications for authorization to operate a paging 
transmitter on the channels listed in Sec. 22.531, other than 
applications for a paging geographic area authorization, must contain 
the applicable supplementary information described in this section.
    (a) Interference exhibit. Except as provided in paragraph (b) of 
this section, an exhibit demonstrating compliance with Sec. 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) Encompassment exhibit. 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 Sec. 22.535. For VHF transmitters, this encompassment 
exhibit may substitute for the interference exhibit required in 
paragraph (a) of this section.

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]

                   One-way or Two-way Mobile Operation



Sec. 22.561  Channels for one-way or two-way mobile operation.

    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 (see 
Sec. 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 (see Sec. 22.567(h)). Unless otherwise indicated, all 
channels have a bandwidth of 20 kHz and are designated by their center 
frequencies in MegaHertz.

------------------------------------------------------------------------
              Base                 Mobile          Base          Mobile
------------------------------------------------------------------------
                              VHF Channels
------------------------------------------------------------------------
 
152.03.........................  158.49     152.57............  157.83
152.06.........................  158.52     152.60............  157.86
152.09.........................  158.55     152.63............  157.89
152.12.........................  158.58     152.66............  157.92
152.15.........................  158.61     152.69............  157.95
152.18.........................  158.64     152.72............  157.98
152.21.........................  158.67     152.75............  158.01

[[Page 155]]

 
152.51.........................  157.77     152.78............  158.04
152.54.........................  157.80     152.81............  158.07
------------------------------------------------------------------------
 
                              UHF Channels
------------------------------------------------------------------------
 
454.025........................  459.025    454.350...........  459.350
454.050........................  459.050    454.375...........  459.375
454.075........................  459.075    454.400...........  459.400
454.100........................  459.100    454.425...........  459.425
454.125........................  459.125    454.450...........  459.450
454.150........................  459.150    454.475...........  459.475
454.175........................  459.175    454.500...........  459.500
454.200........................  459.200    454.525...........  459.525
454.225........................  459.225    454.550...........  459.550
454.250........................  459.250    454.575...........  459.575
454.275........................  459.275    454.600...........  459.600
454.300........................  459.300    454.625...........  459.625
454.325........................  459.325    454.650...........  459.650
------------------------------------------------------------------------


[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995, as amended at 62 
FR 11636, Mar. 12, 1997]



Sec. 22.563  Provision of rural radiotelephone service upon request.

    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.



Sec. 22.565  Transmitting power limits.

    The transmitting power of base, mobile and fixed transmitters 
operating on the channels listed in Sec. 22.561 must not exceed the 
limits in this section.
    (a) Maximum ERP. The effective radiated power (ERP) of base and 
fixed transmitters must not exceed the applicable limits in this 
paragraph under any circumstances.

------------------------------------------------------------------------
                                                             Maximum ERP
                   Frequency range (MHz)                       (watts)
------------------------------------------------------------------------
152-153....................................................         1400
157-159....................................................          150
454-455....................................................         3500
459-460....................................................          150
------------------------------------------------------------------------

    (b) Basic power limit. Except as provided in paragraph (d) of this 
section, the ERP of base transmitters must not exceed 500 Watts.
    (c) Height-power limits. 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 Sec. 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) Encompassed interfering contour areas. 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) Adjacent channel protection. 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) Mobile transmitters. The transmitter output power of mobile 
transmitters must not exceed 60 watts.
    (g) Other transmitters. The ERP of dispatch and auxiliary test 
transmitters must not exceed 100 watts.



Sec. 22.567  Technical channel assignment criteria.

    The rules in this section establish technical assignment criteria 
for the channels listed in Sec. 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

[[Page 156]]

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 
Sec. 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 caused by 
the operation of independent co-channel base and fixed transmitters.
    (a) Contour overlap. 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) Protected transmitter. 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) VHF service contour. 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:

d=1.609 x h0.40  x p0.20

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
    (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 deg. intervals.
    (d) VHF interfering contour. 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:

d=8.577 x h0.24 x p0.19

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    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:

d=12.306 x h0.23 x p0.14

[[Page 157]]


where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    (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 above and below the inter-
station radial at 2.5 deg. intervals.
    (e) UHF service contour. 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:

d=1.726 x h0.35 x p0.18

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    (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 deg. intervals.
    (f) UHF interfering contour. 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:

d=9.471 x h0.23 x p0.15

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    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:

d=6.336 x h0.31 x p0.15

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    (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 deg. intervals.
    (g) Protection for BETRS. 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

[[Page 158]]

contour of a BETRS central office station, is calculated as follows:

d=36.364 x h0.2 x  p0.1

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    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) Assignment of mobile channels to base or fixed transmitters. 
Mobile channels may be assigned to base or fixed transmitters if the 
following criteria are met:
    (1) The paired base channel, as designated in Sec. 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.



Sec. 22.569  Additional channel policies.

    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 Sec. 22.561, except applications that propose to use these 
channels to provide paging service only, which are subject to 
Sec. 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) Transmitters in same area. Any transmitter on any channel listed 
in Sec. 22.561 is considered to be in the same geographic area as 
another transmitter or any other channel listed in Sec. 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) Initial channel. 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 Sec. 22.561 controlled 
by the applicant in the same geographic area.
    (c) Additional channel. 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) Additional transmitters on same channel. 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) Dismissal of application constituting cumulative request for 
more than two channels. 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) Dismissal of premature applications for additional channel. If 
the FCC receives an application requesting two additional channels (or 
one additional

[[Page 159]]

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.

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]



Sec. 22.571  Responsibility for mobile stations.

    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 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.



Sec. 22.573  Use of base transmitters as repeaters.

    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.



Sec. 22.575  Use of mobile channel for remote control of station functions.

    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 
Sec. 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.



Sec. 22.577  Dispatch service.

    Carriers licensed under this subpart may provide dispatch service in 
accordance with the rules in this section.
    (a) Installation without prior FCC approval. 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 Sec. 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) Notification. Licensees must notify the Commission by filing FCC 
Form 601 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.

[[Page 160]]

    (c) Termination without hearing. 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) Dispatch transmitters requiring authorization. A dispatch 
transmitter that does not meet all of the requirements of paragraph (a) 
of this section may be installed only upon the grant of an application 
for authorization by electronically filing FCC Form 601.
    (e) Permissible communications. A dispatch transmitter operated by a 
subscriber may communicate only with mobile transmitters operated by 
that subscriber through the associated base transmitter.

[59 FR 59507, Nov. 17, 1994, as amended at 60 FR 15495, Mar. 24, 1995; 
63 FR 68945, Dec. 14, 1998]



Sec. 22.579  Operation of mobile transmitters across U.S.-Canada border.

    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.



Sec. 22.589  One-way or two-way application requirements.

    In addition to information required by subparts B and D and 
Sec. 22.529, applications for authorization to operate a paging 
transmitter on the channels listed in Sec. 22.531, other than 
applications for a paging geographic area authorization, must contain 
the applicable supplementary information described in this section.
    (a) Interference exhibit. Except as provided in paragraph (b) of 
this section, an exhibit demonstrating compliance with Sec. 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) Encompassment exhibit. 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 Sec. 22.565. This encompassment exhibit may substitute 
for the interference exhibit required in paragraph (a) of this section.

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]

                        Point-to-Point Operation



Sec. 22.591  Channels for point-to-point operation.

    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

[[Page 161]]

a bandwidth of 20 kHz and are designated by their center frequencies in 
MegaHertz.

                              VHF Channels
 
72.02              72.36              72.80             75.66
72.04              72.38              72.82             75.68
72.06              72.40              72.84             75.70
72.08              72.42              72.86             75.72
72.10              72.46              72.88             75.74
72.12              72.50              72.90             75.76
72.14              72.54              72.92             75.78
72.16              72.58              72.94             75.80
72.18              72.62              72.96             75.82
72.20              72.64              72.98             75.84
                         VHF Channels--Continued
72.22              72.66              75.42             75.86
72.24              72.68              75.46             75.88
72.26              72.70              75.50             75.90
72.28              72.72              75.54             75.92
72.30              72.74              75.58             75.94
72.32              72.76              75.62             75.96
72.34              72.78              75.64             75.98
 
72.10              72.46              72.88             75.74
72.12              72.50              72.90             75.76
72.14              72.54              72.92             75.78
72.16              72.58              72.94             75.80
72.18              72.62              72.96             75.82
72.20              72.64              72.98             75.84
72.22              72.66              75.42             75.86
72.24              72.68              75.46             75.88
72.26              72.70              75.50             75.90
72.28              72.72              75.54             75.92
72.30              72.74              75.58             75.94
72.32              72.76              75.62             75.96
72.34              72.78              75.64             75.98
 
                      UHF Channels--State of Hawaii
 



488.250..........................  491.250  489.750............  492.750
488.750..........................  491.750  490.250............  493.250
489.250..........................  492.250  490.750............  493.750
 


                           Microwave Channels
                    [Bandwidth individually assigned]
 
 
------------------------------------------------------------------------
2110.1                               2160.1
2110.2                               2160.2
2110.3                               2160.3
2129.9                               2179.9
------------------------------------------------------------------------

    (a) The 72-76 MHz channels may be assigned under developmental 
authority pursuant to the requirements of Sec. 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 Sec. 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.

[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995]



Sec. 22.593  Effective radiated power limits.

    The effective radiated power of fixed stations operating on the 
channels listed in Sec. 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.



Sec. 22.599  Assignment of 72-76 MHz channels.

    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 Sec. 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

[[Page 162]]

under a regular authorization, rather than a developmental 
authorization.



Sec. 22.601  Assignment of microwave channels.

    Assignment of the microwave channels listed in Sec. 22.591 is 
subject to the transition rules in Sec. 22.602. No new systems will be 
authorized under this part.
    (a) Coordination required. 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 Sec. 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 modification of the 
existing station in terms of interference.
    (b) System parameters. 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) Bandwidth. Applicants must request the minimum emission 
bandwidth necessary. The FCC does not authorize bandwidths larger than 
800 kHz under this part.



Sec. 22.602  Transition of the 2110-2130 and 2160-2180 MHz channels to emerging technologies.

    The microwave channels listed in Sec. 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) Voluntary Negotiations. 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

[[Page 163]]

comparable facilities. The ET licensee must pay for any such estimate.
    (d) Mandatory Negotiations. 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, inter alia, the following factors:
    (1) Whether the ET licensee has made a bona fide offer to relocate 
the PARS 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.g., 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 (i.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) Involuntary period. 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) Comparable Facilities. 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) Throughput. Communications throughput is the amount of 
information transferred within a system in a

[[Page 164]]

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) Reliability. 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 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) Operating Costs. 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) The Commission's Twelve-Month Trial Period. 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) Sunset. 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 (i.e. ten years after the 
voluntary period begins for the first ET licensees in the service). Once

[[Page 165]]

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:
    (1) It cannot relocate within the six-month period (e.g., 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.g., if public safety communications services 
would be disrupted).

[61 FR 29689, June 12, 1996]



Sec. 22.603  488-494 MHz fixed service in Hawaii.

    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 Sec. 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.

                      Point-to-Multipoint Operation



Sec. 22.621  Channels for point-to-multipoint operation.

    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. No new licenses will be issued for any 900 MHz 
frequencies in this section. See part 101, subpart O of this chapter for 
treatment of incumbents and for new licensing procedures. Incumbents 
under part 22 are subject to the restrictions of part 101, subpart O of 
this chapter but may make permissible modifications, transfers, 
assignments, or renew their licenses using procedures, forms, fees, and 
filing requirements of part 22.

                           Public Mobile Pool
 
                           (25 kHz bandwidth)
 
928.8625........................  959.8625  928.9375..........  959.9375
928.8875........................  959.8875  928.9625..........  959.9625
928.9125........................  959.9125  928.9875..........  959.9875
 
                          (12.5 kHz bandwidth)
 
928.85625.......................  959.8562  928.93125.........  959.9312
                                   5                             5
928.86875.......................  959.8687  928.94375.........  959.9437
                                   5                             5
928.88125.......................  959.8812  928.95625.........  959.9562
                                   5                             5
928.89375.......................  959.8937  928.96875.........  959.9687
                                   5                             5
928.90625.......................  959.9062  928.98125.........  959.9812
                                   5                             5
928.91875.......................  959.9187  928.99375.........  959.9937
                                   5                             5
 
                    Private Radio General Access Pool
 
                           (25 kHz bandwidth)
 
956.2625........................  956.3125  956.3625..........  956.4125
956.2875........................  956.3375  956.3875..........  956.4375
 
928.0125........................  952.0125  928.1875..........  952.1875
928.0375........................  952.0375  928.2125..........  952.2125
928.0625........................  952.0625  928.2375..........  952.2375
928.0875........................  952.0875  928.2625..........  952.2625
928.1125........................  952.1125  928.2875..........  952.2875
928.1375........................  952.1375  928.3125..........  952.3125
928.1625........................  952.1625  928.3375..........  952.3375
 
                          (12.5 kHz bandwidth)
 
956.25625.......................  956.3062  956.35625.........  956.4062
                                   5                             5
956.26875.......................  956.3187  956.36875.........  956.4187
                                   5                             5
956.28125.......................  956.3312  956.38125.........  956.4312
                                   5                             5
956.29375.......................  956.3437  956.39375.........  956.4437
                                   5                             5
 
928.00625.......................  952.0062  928.18125.........  952.1812
                                   5                             5
928.01875.......................  952.0187  928.19375.........  952.1937
                                   5                             5
928.03125.......................  952.0312  928.20625.........  952.2062
                                   5                             5
928.04375.......................  952.0437  928.21875.........  952.2187
                                   5                             5
928.05625.......................  952.0562  928.23125.........  952.2312
                                   5                             5
928.06875.......................  952.0687  928.24375.........  952.2437
                                   5                             5
928.08125.......................  952.0812  928.25625.........  952.2562
                                   5                             5
928.09375.......................  952.0937  928.26875.........  952.2687
                                   5                             5
928.10625.......................  952.1062  928.28125.........  952.2812
                                   5                             5
928.11875.......................  952.1187  928.29375.........  952.2937
                                   5                             5

[[Page 166]]

 
928.13125.......................  952.1312  928.30625.........  952.3062
                                   5                             5
928.14375.......................  952.1437  928.31875.........  952.3187
                                   5                             5
928.15625.......................  952.1562  928.33125.........  952.3312
                                   5                             5
928.16875.......................  952.1687  928.34375.........  952.3437
                                   5                             5
 
                        Private Radio Power Pool
 
                           (25 kHz bandwidth)
 
928.3625........................  952.3625  928.6125..........  952.6125
928.3875........................  952.3875  928.6375..........  952.6375
928.4125........................  952.4125  928.6625..........  952.6625
928.4375........................  952.4375  928.6875..........  952.6875
928.4625........................  952.4625  928.7125..........  952.7125
928.4875........................  952.4875  928.7375..........  952.7375
928.5125........................  952.5125  928.7625..........  952.7625
928.5375........................  952.5375  928.7875..........  952.7875
928.5625........................  952.5625  928.8125..........  952.8125
928.5875........................  952.5875  928.8375..........  952.8375
 
                          (12.5 kHz bandwidth)
 
928.35625.......................  952.3562  928.60625.........  952.6062
                                   5                             5
928.36875.......................  952.3687  928.61875.........  952.6187
                                   5                             5
928.38125.......................  952.3812  928.63125.........  952.6312
                                   5                             5
928.39375.......................  952.3937  928.64375.........  952.6437
                                   5                             5
928.40625.......................  952.4062  928.65625.........  952.6562
                                   5                             5
928.41875.......................  952.4187  928.66875.........  952.6687
                                   5                             5
928.43125.......................  952.4312  928.68125.........  952.6812
                                   5                             5
928.44375.......................  952.4437  928.69375.........  952.6937
                                   5                             5
928.45625.......................  952.4562  928.70625.........  952.7062
                                   5                             5
928.46875.......................  952.4687  928.71875.........  952.7187
                                   5                             5
928.48125.......................  952.4812  928.73125.........  952.7312
                                   5                             5
928.49375.......................  952.4937  928.74375.........  952.7437
                                   5                             5
928.50625.......................  952.5062  928.75625.........  952.7562
                                   5                             5
928.51875.......................  952.5187  928.76875.........  952.7687
                                   5                             5
928.53125.......................  952.5312  928.78125.........  952.7812
                                   5                             5
928.54375.......................  952.5437  928.79375.........  952.7937
                                   5                             5
928.55625.......................  952.5562  928.80625.........  952.8062
                                   5                             5
928.56875.......................  952.5687  928.81875.........  952.8187
                                   5                             5
928.58125.......................  952.5812  928.83125.........  952.8312
                                   5                             5
928.59375.......................  952.5937  928.84375.........  952.8437
                                   5                             5
 
                 Public, Private, Government Shared Pool
 
                          (12.5 kHz bandwidth)
 
932.00625.......................  941.0062  932.25625.........  941.2562
                                   5                             5
932.01875.......................  941.0187  932.26875.........  941.2687
                                   5                             5
932.03125.......................  941.0312  932.28125.........  941.2812
                                   5                             5
932.04375.......................  941.0437  932.29375.........  941.2937
                                   5                             5
932.05625.......................  941.0562  932.30625.........  941.3062
                                   5                             5
932.06875.......................  941.0687  932.31875.........  941.3187
                                   5                             5
932.08125.......................  941.0812  932.33125.........  941.3312
                                   5                             5
932.09375.......................  941.0937  932.34375.........  941.3437
                                   5                             5
932.10625.......................  941.1062  932.35625.........  941.3562
                                   5                             5
932.11875.......................  941.1187  932.36875.........  941.3687
                                   5                             5
932.13125.......................  941.1312  932.38125.........  941.3812
                                   5                             5
932.14375.......................  941.1437  932.39375.........  941.3937
                                   5                             5
932.15625.......................  941.1562  932.40625.........  941.4062
                                   5                             5
932.16875.......................  941.1687  932.41875.........  941.4187
                                   5                             5
932.18125.......................  941.1812  932.43125.........  941.4312
                                   5                             5
932.19375.......................  941.1937  932.44375.........  941.4437
                                   5                             5
932.20625.......................  941.2062  932.45625.........  941.4562
                                   5                             5
932.21875.......................  941.2187  932.46875.........  941.4687
                                   5                             5
932.23125.......................  941.2312  932.48125.........  941.4812
                                   5                             5
932.24375.......................  941.2437  932.49375.........  941.4937
                                   5                             5
 
                  UHF Channels in Specified Urban Areas
 
                                 Boston
 
470.0125........................  473.0125  482.0125..........  485.0125
470.0375........................  473.0375  482.0375..........  485.0375
470.0625........................  473.0625  482.0625..........  485.0625
470.0875........................  473.0875  482.0875..........  485.0875
470.1125........................  473.1125  482.1125..........  485.1125
470.1375........................  473.1375  482.1375..........  485.1375
470.1625........................  473.1625  482.1625..........  485.1625
470.1875........................  473.1875  482.1875..........  485.1875
470.2125........................  473.2125  482.2125..........  485.2125
470.2375........................  473.2375  482.2375..........  485.2375
470.2625........................  473.2625  482.2625..........  485.2625
470.2875........................  473.2875  482.2875..........  485.2875
 
                           Chicago, Cleveland
 
470.0125........................  473.0125  476.0125..........  479.0125
470.0375........................  473.0375  476.0375..........  479.0375
470.0625........................  473.0625  476.0625..........  479.0625
470.0875........................  473.0875  476.0875..........  479.0875
470.1125........................  473.1125  476.1125..........  479.1125
470.1375........................  473.1375  476.1375..........  479.1375
470.1625........................  473.1625  476.1625..........  479.1625
470.1875........................  473.1875  476.1875..........  479.1875
470.2125........................  473.2125  476.2125..........  479.2125
470.2375........................  473.2375  476.2375..........  479.2375
470.2625........................  473.2625  476.2625..........  479.2625
470.2875........................  473.2875  476.2875..........  479.2875
 
                    New York-Northeastern New Jersey
 
470.0125........................  470.1625  476.0125..........  476.1625
470.0375........................  470.1875  476.0375..........  476.1875
470.0625........................  470.2125  476.0625..........  476.2125
470.0875........................  470.2375  476.0875..........  476.2375
470.1125........................  470.2625  476.1125..........  476.2625
470.1375........................  470.2875  476.1375..........  476.2875
 
                           Dallas-Forth Worth
 
482.0125........................  482.1625  485.0125..........  485.1625
482.0375........................  482.1875  485.0375..........  485.1875
482.0625........................  482.2125  485.0625..........  485.2125
482.0875........................  482.2375  485.0875..........  485.2375
482.1125........................  482.2625  485.1125..........  485.2625
482.1375........................  482.2875  485.1375..........  485.2875
 
                                 Detroit
 
476.0125........................  479.0125  482.0125..........  485.0125
476.0375........................  479.0375  482.0375..........  485.0375
476.0625........................  479.0625  482.0625..........  485.0625
476.0875........................  479.0875  482.0875..........  485.0875
476.1125........................  479.1125  482.1125..........  485.1125
476.1375........................  479.1375  482.1375..........  485.1375
476.1625........................  479.1625  482.1625..........  485.1625
476.1875........................  479.1875  482.1875..........  485.1875
476.2125........................  479.2125  482.2125..........  485.2125
476.2375........................  479.2375  482.2375..........  485.2375
476.2625........................  479.2625  482.2625..........  485.2625
476.2875........................  479.2875  482.2875..........  485.2875
 
                                 Houston
 
488.1625........................  491.1625  488.2375..........  491.2375
488.1875........................  491.1875  488.2625..........  491.2625
488.2125........................  491.2125  488.2875..........  491.2875
 
                               Los Angeles
 
470.0125........................  473.0125  506.0625..........  509.0625
470.0375........................  473.0375  506.0875..........  509.0875
506.0125........................  509.0125  506.1125..........  509.1125
506.0375........................  509.0375    ................
 
                                  Miami
 
470.0125........................  470.1625  473.0125..........  473.1625
470.0375........................  470.1875  473.0375..........  473.1875
470.0625........................  470.2125  473.0625..........  473.2125
470.0875........................  470.2375  473.0875..........  473.2375
470.1125........................  470.2625  473.1125..........  473.2625
470.1375........................  470.2875  473.1375..........  473.2875
 
                              Philadelphia
 
500.0125........................  503.0125  506.0125..........  509.0125
500.0375........................  503.0375  506.0375..........  509.0375
500.0625........................  503.0625  506.0625..........  509.0625
500.0875........................  503.0875  506.0875..........  509.0875
500.1125........................  503.1125  506.1125..........  509.1125
500.1375........................  503.1375  506.1375..........  509.1375
500.1625........................  503.1625  506.1625..........  509.1625
500.1875........................  503.1875  506.1875..........  509.1875
500.2125........................  503.2125  506.2125..........  509.2125
500.2375........................  503.2375  506.2375..........  509.2375
500.2625........................  503.2625  506.2625..........  509.2625

[[Page 167]]

 
500.2875........................  503.2875  506.2875..........  509.2875
 
                               Pittsburgh
 
470.0125........................  470.1625  473.0125..........  473.1625
470.0375........................  470.1875  473.0375..........  473.1875
470.0625........................  470.2125  473.0625..........  473.2125
470.0875........................  470.2375  473.0875..........  473.2375
470.1125........................  470.2625  473.1125..........  473.2625
470.1375........................  470.2875  473.1375..........  473.2875
 
                              San Francisco
 
482.0125........................  485.0125  488.0125..........  491.0125
482.0375........................  485.0375  488.0375..........  491.0375
482.0625........................  485.0625  488.0625..........  491.0625
482.0875........................  485.0875  488.0875..........  491.0875
482.1125........................  485.1125  488.1125..........  491.1125
482.1375........................  485.1375  488.1375..........  491.1375
482.1625........................  485.1625  488.1625..........  491.1625
482.1875........................  485.1875  488.1875..........  491.1875
482.2125........................  485.2125  488.2125..........  491.2125
482.2375........................  485.2375  488.2375..........  491.2375
482.2625........................  485.2625  488.2625..........  491.2625
482.2875........................  485.2875  488.2875..........  491.2875
 
                             Washington, DC
 
488.0125........................  491.0125  494.0125..........  497.0125
488.0375........................  491.0375  494.0375..........  497.0375
488.0625........................  491.0625  494.0625..........  497.0625
488.0875........................  491.0875  494.0875..........  497.0875
488.1125........................  491.1125  494.1125..........  497.1125
488.1375........................  491.1375  494.1375..........  497.1375
488.1625........................  491.1625  494.1625..........  497.1625
488.1875........................  491.1875  494.1875..........  497.1875
488.2125........................  491.2125  494.2125..........  497.2125
488.2375........................  491.2375  494.2375..........  497.2375
488.2625........................  491.2625  494.2625..........  497.2625
488.2875........................  491.2875  494.2875..........  497.2875
 


[59 FR 59507, Nov. 17, 1994; 60 FR 9890, Feb. 22, 1995, as amended at 61 
FR 54099, Oct. 17, 1996; 65 FR 17448, Apr. 3, 2000]



Sec. 22.623  System configuration.

    This section requires a minimum configuration for point-to-
multipoint systems using the channels listed in Sec. 22.621.
    (a) 928-960 MHz. 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) 470-512 MHz. 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) Selection and assignment. 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.



Sec. 22.625  Transmitter locations.

    This section governs where point-to-multipoint transmitters on the 
channels listed in Sec. 22.621 may be located.
    (a) 928-960 MHz. 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 Sec. 22.415). If no 
interference is experienced during the term of the developmental 
authorization, the licensee may apply for a regular authorization.
    (b) 470-512 MHz. 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) Control transmitter locations. Control transmitter locations 
must be within 80 kilometers (50 miles) of the designated locations in 
this paragraph.

------------------------------------------------------------------------
                 Urban area                  N. latitude   W. longitude
------------------------------------------------------------------------
Boston, MA.................................  42 deg.21'2  71 deg.03'22.2
                                                    4.4"               "
Chicago, IL................................  41 deg.52'2  87 deg.38'22.2
                                                    8.1"               "
Cleveland, OH..............................  41 deg.29'5  81 deg.41'49.5
                                                    1.2"               "
Dallas, TX.................................  32 deg.47'0  96 deg.47'38.0
                                                    9.5"               "
Detroit, MI................................  42 deg.19'4  83 deg.02'56.7
                                                    8.1"               "
Houston, TX................................  29 deg.45'2  95 deg.21'37.8
                                                    6.8"               "
Los Angeles, CA............................  34 deg.03'1  18 deg.14'31.3
                                                    5.0"               "
Miami, FL..................................  25 deg.46'3  80 deg.11'31.2
                                                    8.6"               "
New York, NY...............................  40 deg.45'6  73 deg.59'37.5
                                                     .4"               "
Philadelphia, PA...........................  39 deg.56'5  75 deg.09'19.6
                                                    8.4"               "
Pittsburgh, PA.............................  40 deg.26'1  79 deg.59'59.2
                                                    9.2"               "
San Francisco-Oakland, CA..................  37 deg.46'3  122 deg.24'43.
                                                    8.7"              9"
Washington, DC.............................  38 deg.53'5  77 deg.00'31.9
                                                    1.4"               "
------------------------------------------------------------------------
Note: Coordinates are referenced to North American Datum 1983 (NAD 83).

    (2) Protection from intermodulation interference. Control 
transmitter locations must be at least 1.6 kilometers (1

[[Page 168]]

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) Co-channel protection from control transmitters with high 
antennas. 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 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:

------------------------------------------------------------------------
  Control transmitter frequency range     Protected TV station location
------------------------------------------------------------------------
470-476 MHz............................  Washington, DC 38 deg.57'17" 77
                                          deg.00'17"
476-482 MHz............................  Lancaster, PA 40 deg.15'45" 76
                                          deg.27'49"
------------------------------------------------------------------------

    (ii) The distance to the radio horizon is calculated using the 
following formula:
[GRAPHIC] [TIFF OMITTED] TR17NO94.008

where

d is the distance to the radio horizon in kilometers
h is the height of the antenna center of radiation above ground level in 
meters

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68946, Dec. 14, 1998]



Sec. 22.627  Effective radiated power limits.

    The effective radiated power (ERP) of transmitters operating on the 
channels listed in Sec. 22.621 must not exceed the limits in this 
section.
    (a) Maximum ERP. The ERP must not exceed the applicable limits in 
this paragraph under any circumstances.

------------------------------------------------------------------------
                                                             Maximum ERP
                   Frequency range (MHz)                       (watts)
------------------------------------------------------------------------
470-512....................................................         1000
928-929....................................................           50
932-933....................................................           30
941-942....................................................          600
952-960....................................................          150
------------------------------------------------------------------------

    (b) 470-512 MHz limits. 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) Co-channel protection. 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 (all 
coordinates are referenced to North American Datum 1983 (NAD83)):

------------------------------------------------------------------------
                                                Protected TV station
    Control transmitter frequency range               location
------------------------------------------------------------------------
470-476 MHz...............................  Jacksonville, IL, 39
                                             deg.45'52.2" N. Lat. 90
                                             deg.30'29.5" W. Long.
                                            Mt. Pleasant, MI, 43
                                             deg.34'24.1" N. Lat. 84
                                             deg.46'21.1" W. Long.

[[Page 169]]

 
476-482 MHz...............................  Oxford, OH, 39 deg.30'26.2"
482-488 MHz...............................   N. Lat. 84 deg.44' 8.8" W.
488-494 MHz...............................   Long.
494-500 MHz...............................  Washington, DC, 38 deg.57'
500-506 MHz...............................   17.4" N. Lat. 77 deg.00'
506-512 MHz...............................   15.9" W. Long.
                                            Champaign, IL, 40
                                             deg.04'11.1" N. Lat. 87
                                             deg. 54'45.1" W. Long.
                                            Madison, WI, 43 deg.03'01.0"
                                             N. Lat. 89 deg.29' 15.4" W.
                                             Long.
                                            Parkersburg, WV, 39
                                             deg.20'50.3" N. Lat. 81
                                             deg.33' 55.5" W. Long.
                                            Fort Wayne, IN, 41
                                             deg.05'35.2" N. Lat. 85
                                             deg.10' 41.9" W. Long.
                                            Lancaster, PA, 40
                                             deg.15'45.3" N. Lat. 76
                                             deg.27' 47.9" W. Long.
                                            South Bend, IN, 41
                                             deg.36'26.2" N. Lat. 86
                                             deg.27' 48.1" W. Long.
                                            Philadelphia, PA, 40
                                             deg.02'30.4" N. Lat. 75
                                             deg.14' 22.6" W. Long.
                                            None.
                                            Johnstown, PA, 40
                                             deg.19'47.3" N. Lat. 78
                                             deg.53' 44.1" W. Long.
                                            Washington, DC, 38
                                             deg.57'49.4" N. Lat. 77
                                             deg.06' 16.9" W. Long.
                                            Waterbury, CT, 41
                                             deg.31'2.3" N. Lat. 73
                                             deg.00' 58.4" W. Long.
------------------------------------------------------------------------

    (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.
    (2) Adjacent channel protection. 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 (all coordinates are referenced to North 
American Datum 1983 (NAD83)):

------------------------------------------------------------------------
   Control transmitter frequency       Protected TV station        TV
               range                         location            channel
------------------------------------------------------------------------
470-476 MHz.......................   Hanover, NH, 43                (15)
                                     deg.42'30.3" N. Lat. 72
                                     deg.09'14.3" W. Long..
                                    Madison, WI, 43                 (15)
                                     deg.03'01.0" N. Lat. 89
                                     deg.29'15.4" W. Long..
                                    Champaign, IL, 40               (15)
                                     deg.04'11.1" N. Lat. 87
                                     deg.54'45.1" W. Long..
                                    San Diego, CA, 32               (15)
                                     deg.41'48.2" N. Lat. 116
                                     deg.56'13.1" W. Long..
                                    Lancaster, PA, 40               (15)
                                     deg.15'45.3" N. Lat. 76
                                     deg.27'47.9" W. Long..
                                    Parkersburg, WV, 39             (15)
                                     deg.20'50.3" N. Lat. 81
                                     deg.33'55.5" W. Long..
476-482 MHz.......................  South Bend, IN, 41              (16)
                                     deg.36'26.2" N. Lat. 86
                                     deg.27'48.1" W. Long..
                                    Pittsburgh, PA, 40              (16)
                                     deg.26'46.2" N. Lat. 79
                                     deg.57'50.2" W. Long..
                                    Mt. Pleasant, MI, 43            (14)
                                     deg.34'24.1" N. Lat. 84
                                     deg.46'21.1" W. Long..
                                    Scranton, PA, 41                (16)
                                     deg.10'58.3" N. Lat. 75
                                     deg.52'19.7" W. Long..
482-488 MHz.......................  Hanover, NH, 43                 (15)
                                     deg.42'30.3" N. Lat. 72
                                     deg.09'14.3" W. Long..
                                    Fort Wayne, IN, 41              (15)
                                     deg.05'35.2" N. Lat. 85
                                     deg.10'41.9" W. Long..
488-494 MHz.......................  Salisbury, MD, 38               (16)
                                     deg.24'15.4" N. Lat. 75
                                     deg.34'43.7" W. Long..
494-500 MHz.......................  Philadelphia, PA, 40            (17)
                                     deg.02'30.4" N. Lat. 75
                                     deg.14'22.6" W. Long..
500-506 MHz.......................  Washington, DC, 38              (20)
                                     deg.57'17.4" N. Lat. 77
                                     deg.00'15.9" W. Long..
506-512 MHz.......................  Harrisburg, PA, 40              (21)
                                     deg.20'44.3" N. Lat. 76
                                     deg.52'07.9" W. Long..
------------------------------------------------------------------------

    (c) Los Angeles area. 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:

------------------------------------------------------------------------
                        Antenna height                             ERP
------------------------------------------------------------------------
                     AMSL in meters (feet)                       (Watts)
------------------------------------------------------------------------
 457 (1500) to  610 (2000)....................................       155
 611 (2001) to  762 (2500)....................................       100
 763 (2501) to  914 (3000)....................................        70
 915 (3001) to 1067 (3500)....................................        50

[[Page 170]]

 
1068 (3501) to 1219 (4000)....................................        40
1220 (4001) to 1372 (4500)....................................        30
1373 (4501) and above.........................................        25
------------------------------------------------------------------------


                                   Table E-3.--Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Antenna height above average terrain in meters (feet)
                                                               -----------------------------------------------------------------------------------------
    Distance to protected TV station in kilometers (miles)         15       30       46       61       76       91      107      122      137      152
                                                                  (50)    (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
209 (130).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000     1000
201 (125).....................................................     1000     1000     1000     1000     1000     1000     1000      850      750      725
193 (120).....................................................     1000     1000     1000     1000      900      750      675      600      550      500
185 (115).....................................................     1000     1000      800      725      600      525      475      425      375      350
177 (110).....................................................      850      700      600      500      425      375      325      300      275      225
169 (105).....................................................      600      475      400      325      275      250      225      200      175      150
161 (100).....................................................      400      325      275      225      175      150      140      125      110      100
153 (95)......................................................      275      225      175      125      110       95       80       70       60       50
145 (90)......................................................      175      125      100       75       50  .......  .......  .......  .......  .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec.  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.


              Table E-4.--Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
                                                               Antenna height above average terrain in meters
                                                                                   (feet)
  Distance to protected TV station in kilometers (miles)   -----------------------------------------------------
                                                              152      305      457      610      762      914
                                                             (500)    (1000)   (1500)   (2000)   (2500)   (3000)
----------------------------------------------------------------------------------------------------------------
209 (130).................................................     1000      447      219      117       71       46
193 (120).................................................      500      209       95       50       30       19
177 (110).................................................      225       91       35       19       11        8
161 (100).................................................      100       30       10        5        3        2
153 (95)..................................................       50       13        5        3        2        1
----------------------------------------------------------------------------------------------------------------
See Sec.  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.


                                   Table E-5.--Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Antenna Height Above Average Terrain in meters (feet)
                                                               -----------------------------------------------------------------------------------------
    Distance to protected TV station in kilometers (miles)         15       30       46       61       76       91      107      122      137      152
                                                                  (50)    (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
261 (162).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000     1000
257 (160).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000      800
249 (155).....................................................     1000     1000     1000     1000     1000      875      775      700      625      575
241 (150).....................................................     1000     1000      950      775      725      625      550      500      450      400
233 (145).....................................................      850      750      650      575      500      440      400      350      320      300
225 (140).....................................................      600      575      465      400      350      300      275      250      230      225
217 (135).....................................................      450      400      335      300      255      240      200      185      165      150
209 (130).....................................................      350      300      245      200      185      160      145      125      120      100
201 (125).....................................................      225      200      170      150      125      110      100       90       80       75
193 (120).....................................................      175      150      125      105       90       80       70       60       55       50
--------------------------------------------------------------------------------------------------------------------------------------------------------
 AAAAASee Sec.  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.


              Table E-6.--Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
                                                               Antenna height above average terrain in meters
                                                                                   (feet)
  Distance to protected TV station in kilometers (miles)   -----------------------------------------------------
                                                              152      305      457      610      762      914
                                                             (500)    (1000)   (1500)   (2000)   (2500)   (3000)
----------------------------------------------------------------------------------------------------------------
261 (162).................................................     1000      501      282      170      110       71
241 (150).................................................      400      209      110       60       36       23
225 (140).................................................      225      102       50       28       16       10
209 (130).................................................      100       48       21       11        7        5

[[Page 171]]

 
193 (120).................................................       50       19        9        5        3       2
----------------------------------------------------------------------------------------------------------------
 AAAAASee Sec.  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.


                            Table E-7.--Maximum ERP (Watts) for Control Transmitters
----------------------------------------------------------------------------------------------------------------
                                              Antenna height above average terrain in meters (feet)
    Distance to protected TV    --------------------------------------------------------------------------------
 station in kilometers (miles)      30       46       61       76       91      107      122      137      152
                                  (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
----------------------------------------------------------------------------------------------------------------
108 (67).......................     1000     1000     1000     1000     1000     1000     1000     1000     1000
106 (66).......................     1000     1000     1000     1000     1000     1000     1000     1000      750
105 (65).......................     1000     1000     1000     1000     1000     1000      825      650      600
103 (64).......................     1000     1000     1000     1000     1000      775      625      500      400
101 (63).......................     1000     1000     1000     1000      440      400      350      320      300
100 (62).......................     1000     1000     1000      525      375      250      200      150      125
98 (61)........................     1000      700      450      250      200      125      100       75       50
97 (60)........................     1000      425      225      125      100       75       50  .......  .......
----------------------------------------------------------------------------------------------------------------
See Sec.  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.


[59 FR 59507, Nov. 17, 1994; 60 FR 9890, Feb. 22, 1995; 63 FR 68946, 
Dec. 14, 1998]

                  470-512 MHz Trunked Mobile Operation



Sec. 22.651  470-512 MHz channels for trunked mobile operation.

    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.

                                 Houston
 
488.0125........................  491.0125  488.0875..........  491.0875
488.0375........................  491.0375  488.1125..........  491.1125
488.0625........................  491.0625  488.1375..........  491.1375
 
                      New York-Northern New Jersey
 
473.0125........................  479.0125  473.1625..........  479.1625
473.0375........................  479.0375  473.1875..........  479.1875
473.0625........................  479.0625  473.2125..........  479.2125
473.0875........................  479.0875  473.2375..........  479.2375
473.1125........................  479.1125  473.2625..........  479.2625
473.1375........................  479.1375  473.2875..........  479.2875
 



[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995]



Sec. 22.653  Eligibility.

    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.



Sec. 22.655  Channel usage.

    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

[[Page 172]]

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.



Sec. 22.657  Transmitter locations.

    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) Base transmitter locations. 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. Note: All coordinates are referenced to North American Datum 
1983 (NAD83).

------------------------------------------------------------------------
                                                                  W.
                  Urban area                    N. latitude   longitude
------------------------------------------------------------------------
 Houston, TX..................................  29 deg.45'2  95 deg.21'3
                                                       6.8"         7.8"
New York, NY-NE NJ............................  40 deg.45'0  73 deg.59'3
                                                       6.4"         7.5"
------------------------------------------------------------------------

    (b) Mobile area of operation. Mobile transmitters must not be 
operated at locations more than 48 kilometers (30 miles) from all 
associated base stations.
    (c) Protection from intermodulation interference. 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) Adjacent channel protection from mobile transmitters. 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 at the Grade B contour of an 
adjacent channel TV station. Note: All coordinates are referenced to 
North American Datum 1983 (NAD83).

------------------------------------------------------------------------
   Control transmitter frequency       Protected TV station        TV
               range                         location            channel
------------------------------------------------------------------------
470-476 MHz.......................  Lancaster, PA, 40               (15)
                                     deg.15'45.3" N. Lat. 76
                                     deg.27'47.9" W. Long..
476-482 MHz.......................  Scranton, PA, 41                (16)
                                     deg.10'58.3" N. Lat. 75
                                     deg.52'19.7" W. Long..
------------------------------------------------------------------------

    (e) Co-channel protection from mobile transmitters. 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 (all 
coordinates are referenced to North American Datum 1983 (NAD83)):

------------------------------------------------------------------------
  Control transmitter frequency range     Protected TV station location
------------------------------------------------------------------------
470-476 MHz............................  Washington, DC, 38 deg.57'17.4"
                                          N. Lat. 77 deg.00'15.9" W.
                                          Long.
476-482 MHz............................  Lancaster, PA, 40 deg.15'45.3"
                                          N. Lat. 76 deg.27'47.9" W.
                                          Long.
------------------------------------------------------------------------


[[Page 173]]

    (2) The required minimum distance depends upon the effective 
radiated power (ERP) of the most powerful mobile transmitter(s) in the 
system:

------------------------------------------------------------------------
                                                      Minimum distance
             Mobile unit ERP (watts)              ----------------------
                                                   Kilometers    Miles
------------------------------------------------------------------------
60...............................................         193      (120)
50...............................................         185      (115)
25...............................................         177      (110)
10...............................................         169      (105)
5................................................         161      (100)
------------------------------------------------------------------------

    (f) Co-channel protection from base transmitters with high antennas. 
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:
[GRAPHIC] [TIFF OMITTED] TR14DE98.026

Where d is the distance to the radio horizon in kilometers h is the 
height of the antenna center of radiation above ground level in meters

    Note: All coordinates are referenced to North American Datum 1983 
(NAD83)):


------------------------------------------------------------------------
Control transmitter frequency
            range                    Protected TV station location
------------------------------------------------------------------------
470-476 MHz..................  Washington, DC, 38 deg.57'17.4" N. Lat.
                                77 deg.00'15.9" W. Long.
476-482 MHz..................  Lancaster, PA, 40 deg.15'45.3" N. Lat. 76
                                deg.27'47.9" W. Long.
------------------------------------------------------------------------

    (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 
dBV/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.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68947, Dec. 14, 1998]



Sec. 22.659  Effective radiated power limits.

    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 as of September 1974, and these do not 
change even though the TV stations may have been subsequently relocated.
    (a) Maximum ERP. 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) Co-channel protection from base transmitters. 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

[[Page 174]]

location in paragraph (b)(1) of this section.
    (1) The protected TV station locations are as follows (all 
coordinates are referenced to North American Datum 1983 (NAD83)):

------------------------------------------------------------------------
  Control transmitter frequency range     Protected TV station location
------------------------------------------------------------------------
470-476 MHz............................  Washington, DC, 38 deg.57'17.4"
                                          N. Lat. 77 deg.00'15.9" W.
                                          Long.
476-482 MHz............................  Lancaster, PA, 40 deg.15'45.3"
                                          N. Lat. 76 deg.27'47.9" W.
                                          Long.
------------------------------------------------------------------------

    (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) Adjacent channel protection from base transmitters. 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 (all 
coordinates are referenced to North American Datum 1983 (NAD83)):

------------------------------------------------------------------------
  Control transmitter frequency      Protected TV station
              range                        location           TV channel
------------------------------------------------------------------------
470-476 MHz......................  Hanover, NH, 43                  (15)
                                    deg.42'30.3" N. Lat. 72
                                    deg.09'14.3" W. Long.
476-482 MHz......................  Lancaster, PA, 40                (15)
482-488 MHz......................   deg.15'45.3" N. Lat. 76
                                    deg.27'47.9" W. Long.
                                   Scranton, PA, 41                 (16)
                                    deg.10'58.3" N. Lat. 75
                                    deg.52'19.7" W. Long.
                                   Hanover, NH, 43                  (15)
                                    deg.42'30.3" N. Lat. 72
                                    deg.09'14.3" W. Long.
------------------------------------------------------------------------
Note: Coordinates are referenced to North American Datum 1983 (NAD83).

    (2) Table E-12 of this section applies to base transmitters in the 
New York-Northeastern New Jersey urban area.

                                     Table E-8.--Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Antenna height above average terrain in meters (feet)
                                                               -----------------------------------------------------------------------------------------
    Distance to protected TV station in kilometers (miles)         15       30       46       61       76       91      107      122      137      152
                                                                  (50)    (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
209 (130).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000     1000
201 (125).....................................................     1000     1000     1000     1000     1000     1000     1000      850      750      725
193 (120).....................................................     1000     1000     1000     1000      900      750      675      600      550      500
185 (115).....................................................     1000     1000      800      725      600      525      475      425      375      350
177 (110).....................................................      850      700      600      500      425      375      325      300      275      225
169 (105).....................................................      600      475      400      325      275      250      225      200      175      150
161 (100).....................................................      400      325      275      225      175      150      140      125      110      100
153 (95)......................................................      275      225      175      125      110       95       80       70       60       50
145 (90)......................................................      175      125      100       75       50  .......  .......  .......  .......  .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec.  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.


                Table E-9.--Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
                                                               Antenna height above average terrain in meters
                                                                                   (feet)
  Distance to protected TV station in kilometers (miles)   -----------------------------------------------------
                                                              152      305      457      610      762      914
                                                             (500)    (1000)   (1500)   (2000)   (2500)   (3000)
----------------------------------------------------------------------------------------------------------------
209 (130).................................................     1000      447      219      117       71       46
193 (120).................................................      500      209       95       50       30       19
177 (110).................................................      225       91       35       19       11        8
161 (100).................................................      100       30       10        5        3        2

[[Page 175]]

 
153 (95)..................................................       50       13        5        3        2        1
----------------------------------------------------------------------------------------------------------------
See Sec.  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.


                                    Table E-10.--Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Antenna height above average terrain in meters (feet)
                                                               -----------------------------------------------------------------------------------------
    Distance to protected TV station in kilometers (miles)         15       30       46       61       76       91      107      122      137      152
                                                                  (50)    (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
261 (162).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000     1000
257 (160).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000      800
249 (155).....................................................     1000     1000     1000     1000     1000      875      775      700      625      575
241 (150).....................................................     1000     1000      950      775      725      625      550      500      450      400
233 (145).....................................................      850      750      650      575      500      440      400      350      320      300
225 (140).....................................................      600      575      465      400      350      300      275      250      230      225
217 (135).....................................................      450      400      335      300      255      240      200      185      165      150
209 (130).....................................................      350      300      245      200      185      160      145      125      120      100
201 (125).....................................................      225      200      170      150      125      110      100       90       80       75
193 (120).....................................................      175      150      125      105       90       80       70       60       55       50
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec.  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.


               Table E-11.--Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
                                                               Antenna height above average terrain in meters
                                                                                   (feet)
  Distance to protected TV station in kilometers (miles)   -----------------------------------------------------
                                                              152      305      457      610      762      914
                                                             (500)    (1000)   (1500)   (2000)   (2500)   (3000)
----------------------------------------------------------------------------------------------------------------
261 (162).................................................     1000      501      282      170      110       71
241 (150).................................................      400      209      110       60       36       23
225 (140).................................................      225      102       50       28       16       10
209 (130).................................................      100       48       21       11        7        5
193 (120).................................................       50       19        9        5        3        2
----------------------------------------------------------------------------------------------------------------
See Sec.  22.659(b)(3). 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.


                             Table E-12.--Maximum ERP (Watts) for Base Transmitters
----------------------------------------------------------------------------------------------------------------
                                              Antenna height above average terrain in meters (feet)
    Distance to protected TV    --------------------------------------------------------------------------------
 station in kilometers (miles)      30       46       61       76       91      107      122      137      152
                                  (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
----------------------------------------------------------------------------------------------------------------
108 (67).......................     1000     1000     1000     1000     1000     1000     1000     1000     1000
106 (66).......................     1000     1000     1000     1000     1000     1000     1000     1000      750
105 (65).......................     1000     1000     1000     1000     1000     1000      825      650      600
103 (64).......................     1000     1000     1000     1000     1000      775      625      500      400
101 (63).......................     1000     1000     1000     1000      440      400      350      320      300
100 (62).......................     1000     1000     1000      525      375      250      200      150      125
98 (61)........................     1000      700      450      250      200      125      100       75       50
97 (60)........................     1000      425      225      125      100       75       50  .......  .......
----------------------------------------------------------------------------------------------------------------
See Sec.  22.659(c)(2). This table applies to base transmitters in the New York-Northeastern New Jersey 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.


[[Page 176]]


[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68947, Dec. 14, 1998]



                 Subpart F--Rural Radiotelephone Service



Sec. 22.701  Scope.

    The rules in this subpart govern the licensing and operation of 
stations and systems in the Rural Radiotelephone Service. The licensing 
and operation of these stations and systems is also subject to rules 
elsewhere in this part that apply generally to the Public Mobile 
Services. In case of conflict, however, the rules in this subpart 
govern.



Sec. 22.702  Eligibility.

    Existing and proposed communications common carriers are eligible to 
hold authorizations to operate conventional central office, interoffice 
and rural stations in the Rural Radiotelephone Service. Only local 
exchange carriers that have been state certified to provide basic 
exchange telephone service (or others having state approval to provide 
such service) in the pertinent area are eligible to hold authorizations 
for Basic Exchange Telephone Radio Systems (BETRS). Subscribers are also 
eligible to hold authorizations to operate rural subscriber stations in 
the Rural Radiotelephone Service.



Sec. 22.703  Separate rural subscriber station authorization not required.

    A separate authorization is not required for rural subscriber 
stations for which the effective radiated power does not exceed 60 Watts 
and for which FAA notification of construction or alteration of the 
antenna structure is not required (see criteria in Sec. 17.7 of this 
chapter). Authority to operate such rural subscriber stations is 
conferred by the authorization of the central office or base station 
from which they receive service.



Sec. 22.705  Rural radiotelephone system configuration.

    Stations in the Rural Radiotelephone Service are authorized to 
communicate as follows:
    (a) Rural subscriber stations are authorized to communicate with and 
through the central office station(s) with which they are associated. 
However, where the establishment of a central office station in this 
service is not feasible, rural subscriber stations may be authorized to 
communicate with and through a base station in the Paging and 
Radiotelephone Service.
    (b) Central office stations may communicate only with rural 
subscriber stations.
    (c) Interoffice stations may communicate only with other interoffice 
stations.



Sec. 22.709  Rural radiotelephone service application requirements.

    In addition to information required by Subparts B and D of this 
part, FCC Form 601 applications for authorization to operate a station 
in the Rural Radiotelephone Service must contain the applicable 
supplementary information described in this section.
    (a) Interoffice stations. Applications for authority to operate a 
new interoffice station or to add transmitters or points of 
communications to an existing interoffice station must contain an 
exhibit demonstrating that the requested facilities would be used only 
for interconnecting central office stations and explaining why the use 
of alternative existing radio or wire facilities is not feasible.
    (b) Technical information required. For each transmitter in the 
Rural Radiotelephone Service, the following information is required by 
FCC Form 601:
    (1) Location description: city; county; state; geographic 
coordinates correct to 1 second, the datum used (NAD83), 
site elevation above mean sea level, proximity to adjacent market 
boundaries and international borders;
    (2) Antenna height to tip above ground level, the height of the 
center of radiation of the antenna above the average terrain, the height 
of the antenna center of radiation above the average elevation of the 
terrain along each of the 8 cardinal radials, antenna gain in the 
maximum lobe, the beamwidth of the maximum lobe of the antenna, a polar 
plot of the horizontal gain pattern of the antenna, the electric field 
polarization of the wave emitted by the antenna when installed as 
proposed;

[[Page 177]]

    (c) No landline facilities. Each application for a central office 
station must contain an exhibit showing that it is impracticable to 
provide the required communication service by means of landline 
facilities.
    (d) Interference exhibit. Applications for central office, 
interoffice and relay stations must include an exhibit identifying co-
channel facilities and demonstrating, in accordance with Sec. 22.715 
that the proposed station, if authorized, would not cause interference 
to the service of those co-channel facilities. 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.
    (e) Blocking probability. Applications for authority to operate 
basic exchange telephone radio systems (BETRS) that request more than 
two channel pairs must include an exhibit containing calculations 
showing that the number of channels requested is the minimum necessary 
to achieve the required grade of service (in terms of blocking 
probability), and that there will be adequate spectrum available in the 
area to meet realistic estimates of current and future demand for 
paging, two-way mobile and rural radiotelephone services (see 
Sec. 22.719(c)). Applications for authority to operate new conventional 
rural radiotelephone systems that request more than two channel pairs 
must include a statement explaining why BETRS technology is not being 
proposed.
    (f) Antenna Information. Upon request by an applicant, licensee, or 
the Commission, a part 22 applicant or licensee of whom the request is 
made shall furnish the antenna type, model, and the name of the antenna 
manufacturer to the requesting party within ten (10) days of receiving 
written notification.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68948, Dec. 14, 1998; 64 FR 53240, Oct. 1, 1999]

    Effective Date Notes: 1. At 63 FR 68948, Dec. 14, 1998, Sec. 22.709 
was amended in part by revising paragraph (b)(2). This section contains 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.
    2. At 64 FR 53240, Oct. 1, 1999, Sec. 22.709 was amended by adding 
paragraph (f). This paragraph contain information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.



Sec. 22.711  Provision of information to applicants.

    Licensees in the Rural Radio Service must, upon request by a bona-
fide prospective applicant, provide to such applicant the information 
required by Sec. 22.709 regarding the portion of the licensee's 
operations that potentially could affect, or be affected by, the 
prospective applicant's proposed station, if such information is not 
already on file with the FCC. This information must be provided to the 
bona-fide prospective applicant no later than 30 days after receipt of 
the information request.

[59 FR 59954, Nov. 21, 1994]

[[Page 178]]



Sec. 22.713  Construction period for rural radiotelephone stations.

    The construction period for stations in the Rural Radiotelephone 
Service is 12 months.



Sec. 22.715  Technical channel assignment criteria for rural radiotelephone stations.

    Channels are assigned in the Rural Radiotelephone Service using the 
procedures in Sec. 22.567.



Sec. 22.717  Procedure for mutually exclusive applications in the Rural Radiotelephone Service.

    Mutually exclusive applications in the Rural Radiotelephone Service, 
including those that are mutually exclusive with applications in the 
Paging and Radiotelephone Service, are processed in accordance with 
Sec. 22.131 and with this section.
    (a) Applications in the Rural Radiotelephone Service may be mutually 
exclusive with applications in the Paging and 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 
Sec. 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 
Sec. 22.131(c)(3)(ii) and Sec. 22.131(c)(4).

[59 FR 59956, Nov. 21, 1994, as amended at 62 FR 11636, Mar. 12, 1997]



Sec. 22.719  Additional channel policy for rural radiotelephone stations.

    The rules in this section govern the processing of applications for 
central office stations that request a rural radiotelephone channel pair 
when the applicant has applied for or been granted an authorization for 
other rural radiotelephone channel pairs in the same area. The general 
policy of the FCC is to promote effective use of the spectrum by 
encouraging the use of spectrum-efficient technologies (i.e. BETRS) and 
by assigning the minimum number of channels necessary to provide 
service.
    (a) Transmitters in same area. Any central office station 
transmitter on any channel pair listed in Sec. 22.725 is considered to 
be in the same area as another central office station transmitter on any 
other channel pair listed in Sec. 22.725 if the transmitting antennas 
are located within 10 kilometers (6.2 miles) of each other.
    (b) Initial channel pairs. The FCC does not assign more than two 
channel pairs for new central office stations, unless there are more 
than eight rural subscriber stations to be served. Stations are 
considered to be new if there are no authorized transmitters on any 
channel listed in Sec. 22.725 controlled by the applicant in the same 
geographic area.
    (c) Additional channel pairs. Applications for central office 
station transmitters to be located in the same area as an authorized 
central office station controlled by the applicant, but to operate on a 
different channel pair(s) are considered as requests for additional 
channel pair(s) for the authorized central office station. The FCC may 
grant applications for additional channel pairs provided that the need 
for each additional channel pair (after the first two) is established 
and fully justified in terms of achieving the required grade of service 
(blocking probability), and the applicant demonstrates that there will 
still be adequate spectrum available in the area to meet realistic 
estimates of current and future demand for paging, two-way mobile and 
rural radiotelephone services. In the case of conventional rural 
radiotelephone central office stations, an explanation must be provided 
as to why BETRS technology is not being used instead of additional 
channel pairs.

               Conventional Rural Radiotelephone Stations



Sec. 22.721  Geographic area authorizations.

    Eligible persons may apply for a paging geographic area 
authorization in the Rural Radiotelephone Service, on the channel pairs 
listed in Sec. 22.725, by following the procedures and requirements set 
forth in Sec. 22.503 for paging geographic area authorizations.

[62 FR 11636, Mar. 12, 1997]

[[Page 179]]



Sec. 22.723  Secondary site-by-site authorizations.

    Authorizations for new facilities (including new sites and 
additional channel pairs for existing sites) in the Rural Radiotelephone 
Service (including BETRS facilities) may be granted after May 12, 1997 
only on the condition that such authorizations shall be secondary to any 
existing or future co-channel paging geographic area authorization in 
the Paging and Radiotelephone Service or the Rural Radiotelephone 
Service. If the paging geographic area licensee notifies the Rural 
Radiotelephone Service licensee that operation of a co-channel secondary 
facility must be discontinued because it may cause interference to 
existing or planned facilities, the Rural Radiotelephone Service 
licensee must discontinue operation of that facility on the particular 
channel pair involved no later than six months after such notice.

[62 FR 11636, Mar. 12, 1997]



Sec. 22.725  Channels for conventional rural radiotelephone stations.

    The following channels are allocated for paired assignment to 
transmitters that provide conventional rural radiotelephone service. 
These channels may be assigned for use by central office or rural 
subscriber stations as indicated, and interoffice stations. These 
channels may be assigned also for use by relay stations in systems where 
it would be impractical to provide rural radiotelephone service without 
the use of relay stations. All channels have a bandwidth of 20 kHz and 
are designated by their center frequencies in MegaHertz.

------------------------------------------------------------------------
                                  Rural                          Rural
       Central  office          subscriber   Central  office  subscriber
------------------------------------------------------------------------
                              VHF Channels
------------------------------------------------------------------------
152.03.......................  158.49       152.57..........  157.83
152.06.......................  158.52       152.60..........  157.86
152.09.......................  158.55       152.63..........  157.89
152.12.......................  158.58       152.66..........  157.92
152.15.......................  158.61       152.69..........  157.95
152.18.......................  158.64       152.72..........  157.98
152.21.......................  158.67       152.75..........  158.01
152.51.......................  157.77       152.78..........  158.04
152.54.......................  157.80       152.81..........  158.07
------------------------------------------------------------------------
                              UHF Channels
------------------------------------------------------------------------
454.025......................  459.025      454.350.........  459.350
454.050......................  459.050      454.375.........  459.375
454.075......................  459.075      454.400.........  459.400
454.100......................  459.100      454.425.........  459.425
454.125......................  459.125      454.450.........  459.450
454.150......................  459.150      454.475.........  459.475
454.175......................  459.175      454.500.........  459.500
454.200......................  459.200      454.525.........  459.525
454.225......................  459.225      454.550.........  459.550
454.250......................  459.250      454.575.........  459.575
454.275......................  459.275      454.600.........  459.600
454.300......................  459.300      454.625.........  459.625
454.325......................  459.325      454.650.........  459.650
------------------------------------------------------------------------

    (a) The channels listed in this section are also allocated for 
assignment in the Paging and Radiotelephone Service.
    (b) In Puerto Rico and the Virgin Islands, channels in the 154.04-
154.46 MHz and 161.40-161.85 MHz frequency ranges may be assigned to 
transmitters providing rural radiotelephone service; channels in these 
ranges are also allocated for assignment in the International Fixed 
Public and Aeronautical Fixed radio services.
    (c) In Alaska, channels 42.40, 44.10, 44.20 and 45.90 MHz are 
allocated for assignment to transmitters providing rural radiotelephone 
service using meteor burst propagation modes, subject to the provisions 
of Sec. 22.729.

[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995]



Sec. 22.727  Power limits for conventional rural radiotelephone transmitters.

    The transmitting power of transmitters operating on the channels 
listed in Sec. 22.725 must not exceed the limits in this section.
    (a) Maximum ERP. The effective radiated power (ERP) of central 
office and rural subscriber station transmitters must not exceed the 
applicable limits in this paragraph under any circumstances.

------------------------------------------------------------------------
                                                             Maximum ERP
                   Frequency range (MHz)                       (watts)
------------------------------------------------------------------------
152-153....................................................         1400
157-159....................................................          150
454-455....................................................         3500
459-460....................................................          150
------------------------------------------------------------------------

    (b) Basic power limit. Except as provided in paragraph (d) of this 
section,

[[Page 180]]

the ERP of central office station transmitters must not exceed 500 
Watts.
    (c) Height-power limits. Except as provided in paragraph (d) of this 
section, the ERP of central office station 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 Sec. 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) Encompassed interfering contour areas. Central office station 
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 central 
office station transmitters controlled by the same licensee. For the 
purpose of this paragraph, operating transmitters are authorized 
transmitters that are providing service to subscribers.
    (e) Adjacent channel protection. The ERP of central office station 
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 454.000 
MHz.
    (f) Meteor burst stations. The transmitter output power for stations 
using meteor burst propagation modes must not exceed 2000 Watts for 
central office stations and 500 Watts for rural subscriber stations.



Sec. 22.729  Meteor burst propagation modes.

    The rules in this section govern stations in this service that use 
meteor burst propagation modes to provide rural radiotelephone service 
in Alaska.
    (a) Channel assignments. The channels 42.40 and 44.10 MHz may be 
assigned to central office stations and rural subscriber stations, 
respectively, on a primary basis. The channels 44.20 and 45.90 MHz may 
be assigned to central office and rural subscriber stations, 
respectively, on a secondary basis to Private Radio services stations 
using meteor burst propagation modes.
    (b) Transmitting power. The transmitter output power must not exceed 
2000 Watts for central office stations and 500 Watts for rural 
subscriber stations.
    (c) Station locations. Co-channel central office stations of 
different licensees must be at least 241 kilometers (150 miles) apart. A 
rural subscriber station and a central office station of different 
licensees must be at least 241 kilometers (150 miles) apart if the rural 
subscriber stations of the different licensees operate on the same 
channel. The FCC may waive the requirements of this paragraph if the 
affected users agree to a cooperative sharing arrangement.
    (d) Emission type. Only type F1D emission is authorized.
    (e) Bandwidth. The authorized bandwidth is 20 kHz.
    (f) Station identification. Station identification is required only 
for the central office station.
    (g) Interference. Stations authorized under the provisions of this 
section must not cause harmful interference to the service of stations 
in other radio services.
    (h) Developmental authorization. Meteor burst communications systems 
may be authorized under developmental authorizations pursuant to 
Sec. 22.419.



Sec. 22.731  Emission limitations.

    Upon application for multichannel operation, the FCC may authorize 
emission bandwidths wider than those specified in Sec. 22.357, provided 
that spectrum utilization is equal to or better than that achieved by 
single channel operation.



Sec. 22.733  Priority of service.

    Within the Rural Radiotelephone Service, the channels listed in 
Sec. 22.725 are intended primarily for use in rendition of public 
message service between rural subscriber and central office stations and 
to provide radio trunking facilities between central offices. The 
channels may also be used, however, for the rendition of private

[[Page 181]]

leased-line communication service provided that such usage would not 
reduce or impair the extent or quality of communication service that 
would be available, in the absence of private leased-line service, to 
the general public receiving or subsequently requesting public message 
service from a central office.



Sec. 22.737  Temporary fixed stations.

    The FCC may, upon proper application therefor, authorize the 
construction and operation of temporary fixed stations. Temporary fixed 
stations are to be used as rural subscriber, interoffice, or central 
office stations when those stations are unavailable or when service from 
those stations is disrupted by storms or emergencies.
    (a) Six month limitation. If it is necessary for a temporary fixed 
station to remain at the same location for more than six months, the 
licensee of that station must apply for authorization to operate the 
station at the specific location at least 30 days before the end of the 
six month period.
    (b) International communications. Communications between the United 
States and Canada or Mexico must not be carried using a temporary fixed 
station without prior authorization from the FCC. Licensees desiring to 
carry such communications should apply sufficiently in advance to allow 
for the time necessary to coordinate with Canada or Mexico.

                 Basic Exchange Telephone Radio Systems



Sec. 22.757  Channels for basic exchange telephone radio systems.

    The channels listed in Sec. 22.725 are also allocated for paired 
assignment to transmitters in basic exchange telephone radio systems. In 
addition, the following channels are allocated for paired assignment to 
transmitters in basic exchange telephone radio systems. All channels 
have a bandwidth of 20 kHz and are designed by their center frequencies 
in MegaHertz.

            UHF Channels--Shared With Private Radio Services
------------------------------------------------------------------------
                                  Central                       Central
        Rural subscriber           office    Rural subscriber    office
------------------------------------------------------------------------
816.2375.......................  861.2375   816.1125.........  861.1125
817.2375.......................  862.2375   817.1125.........  862.1125
818.2375.......................  863.2375   818.1125.........  863.1125
819.2375.......................  864.2375   819.1125.........  864.1125
820.2375.......................  865.2375   820.1125.........  865.1125
 
816.2125.......................  861.2125   816.0875.........  861.0875
817.2125.......................  862.2125   817.0875.........  862.0875
818.2125.......................  863.2125   818.0875.........  863.0875
819.2125.......................  864.2125   819.0875.........  864.0875
820.2125.......................  865.2125   820.0875.........  865.0875
 
816.1875.......................  861.1875   816.0625.........  861.0625
817.1875.......................  862.1875   817.0625.........  862.0625
818.1875.......................  863.1875   818.0625.........  863.0625
819.1875.......................  864.1875   819.0625.........  864.0625
820.1875.......................  865.1875   820.0625.........  865.0625
 
816.1625.......................  861.1625   816.0375.........  861.0375
817.1625.......................  862.1625   817.0375.........  862.0375
818.1625.......................  863.1625   818.0375.........  863.0375
819.1625.......................  864.1625   819.0375.........  864.0375
820.1625.......................  865.1625   820.0375.........  865.0375
 
816.1375.......................  861.1375   816.0125.........  861.0125
817.1375.......................  862.1375   817.0125.........  862.0125
818.1375.......................  863.1375   818.0125.........  863.0125
819.1375.......................  864.1375   819.0125.........  864.0125
820.1375.......................  865.1375   820.0125.........  865.0125
------------------------------------------------------------------------

    (a) Channels are assigned in groups, as listed in this section.
    (b) Channel groups in the 816-865 Mhz frequency range are not 
assigned to Rural Radio Service stations located:
    (1) Within 161 kilometers (100 miles) of the borders of the largest 
54 MSAs (see Sec. 22.909).
    (2) North of Line A or East of Line C; or,
    (3) Within 110 kilometers (68 miles) of the Mexican border.
    (c) Channel groups in the 816-865 MHz frequency range are not 
assigned to central office stations located within 113 kilometers (70 
miles) of another station authorized to operate on the same channels or 
on channels with center frequencies offset by 12.5 kHz.
    (d) Technical parameters governing the use of these channels are 
contained in subpart S of part 90 of this chapter.
    (e) The Common Carrier Bureau coordinates the availability of 
channels in the 816-865 MHz frequency range with the Private Radio 
Bureau.

[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995]

[[Page 182]]



Sec. 22.759  Power limit for BETRS.

    The effective radiated power of central office and rural subscriber 
station transmitters used in basic exchange telephone radio systems must 
not exceed the limits in this section.
    (a) Maximum ERP. The effective radiated power (ERP) of central 
office and rural subscriber station transmitters in BETRS must not 
exceed the applicable limits in this paragraph under any circumstances.

------------------------------------------------------------------------
                                                             Maximum ERP
                   Frequency range (MHz)                       (watts)
------------------------------------------------------------------------
152-153....................................................         1400
157-159....................................................          150
454-455....................................................         3500
459-460....................................................          150
------------------------------------------------------------------------

    (b) Height-power limit. The ERP of central office stations in BETRS 
must not exceed the amount calculated as follows:

ERPw=557,418hm2
where ERPw is the effective radiated power in Watts
hm is the average (eight cardinal radial) antenna height 
above average terrain in meters



              Subpart G--Air-Ground Radiotelephone Service



Sec. 22.801  Scope.

    The rules in this subpart govern the licensing and operation of 
public air-ground radiotelephone stations and systems. The licensing and 
operation of these stations and systems is also subject to rules 
elsewhere in this part that apply generally to the Public Mobile 
services. In case of conflict, however, the rules in this subpart 
govern.



Sec. 22.803  Air-ground application requirements.

    In addition to information required by Subparts B and D of this 
part, FCC Form 601 applications for authorization to operate an air-
ground station or system in the Air-ground Radiotelephone Service must 
contain the applicable supplementary information described in this 
section.
    (a) Administrative information. The following information is 
required by FCC Form 601.
    (1) The number of transmitter sites for which authorization is 
requested.
    (2) The call sign(s) of other facilities in the same area that are 
ultimately controlled by the real party in interest to the application.
    (b) Technical information required. For each transmitter in the 
Rural Radiotelephone Service, the following information is required by 
FCC Form 601:
    (1) Location description: city; county; state; geographic 
coordinates correct to 1 second, the datum used (NAD83), 
site elevation above mean sea level, proximity to adjacent market 
boundaries and international borders;
    (2) Antenna height to tip above ground level, the height of the 
center of radiation of the antenna above the average terrain, the height 
of the antenna center of radiation above the average elevation of the 
terrain along each of the 8 cardinal radials, antenna gain in the 
maximum lobe, the beamwidth of the maximum lobe of the antenna, a polar 
plot of the horizontal gain pattern of the antenna, the electric field 
polarization of the wave emitted by the antenna when installed as 
proposed;
    (3) The center frequency of each channel requested, the maximum 
effective radiated power, any non-standard emission types to be used, 
including bandwidth and modulation type and the transmitter 
classification (e.g. ground or signaling).
    (c) Upon request by an applicant, licensee, or the Commission, a 
part 22 applicant or licensee of whom the request is made shall furnish 
the antenna type, model, and the name of the antenna manufacturer to the 
requesting party within ten (10) days of receiving written notification.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68948, Dec. 14, 1998; 64 FR 53240, Oct. 1, 1999]

    Effective Date Notes: 1. At 63 FR 68948, Dec. 14, 1998, Sec. 22.803 
was amended in part by revising paragraph (b)(2). This paragraph 
contains information collection requirements and will not become 
effective until approval has been given by the Office of Management and 
Budget.
    2. At 64 FR 53240, Oct. 1, 1999, Sec. 22.803 was amended by adding 
paragraph (c). This paragraph contains information collection 
requirements and will not become effective

[[Page 183]]

until approval has been given by the Office of Management and Budget.

                  General Aviation Air-Ground Stations



Sec. 22.805  Channels for general aviation air-ground service.

    The following channels are allocated for the provision of 
radiotelephone service to airborne mobile subscribers in general 
aviation aircraft. These channels have a bandwidth of 20 kHz and are 
designated by their center frequencies in MegaHertz.

                         Signalling Channel Pair
------------------------------------------------------------------------
              Ground                           Airborne mobile
------------------------------------------------------------------------
454.675                             459.675
------------------------------------------------------------------------


                       Communication Channel Pairs
------------------------------------------------------------------------
              Ground                           Airborne mobile
------------------------------------------------------------------------
454.700                             459.700
454.725                             459.725
454.750                             459.750
454.775                             459.775
454.800                             459.800
454.825                             459.825
454.850                             459.850
454.875                             459.875
454.900                             459.900
454.925                             459.925
454.950                             459.950
454.975                             459.975
------------------------------------------------------------------------

    (a) Channel 454.675 MHz is assigned to each and every ground 
station, to be used only for automatically alerting airborne mobile 
stations of incoming calls.
    (b) All airborne mobile channels are assigned for use by each and 
every airborne mobile station.



Sec. 22.809  Transmitting power limits.

    The transmitting power of ground and airborne mobile transmitters 
operating on the channels listed in Sec. 22.805 must not exceed the 
limits in this section.
    (a) Ground station transmitters. The effective radiated power of 
ground stations must not exceed 100 Watts and must not be less than 50 
Watts, except as provided in Sec. 22.811.
    (b) Airborne mobile transmitters. The transmitter power output of 
airborne mobile transmitters must not exceed 25 Watts and must not be 
less than 4 Watts.



Sec. 22.811  Idle tone.

    Whenever a ground station transmitter authorized to transmit on any 
of the communications channels listed in Sec. 22.805 is available for 
service but is not providing service, a modulated signal must be 
continuously transmitted on the communication channel assigned to that 
transmitter. While this modulated signal is transmitted, the transmitter 
power must be between 10 and 20 dB lower than the normal transmitting 
power.



Sec. 22.813  Technical channel pair assignment criteria.

    The rules in this section establish technical assignment criteria 
for the channel pairs listed in Sec. 22.805. These criteria are intended 
to provide substantial service volumes over areas that have significant 
local and regional general aviation activity, while maintaining the 
continuous nationwide in-route coverage of the original geographical 
layout.
    (a) Distance separation for co-channel ground stations. The FCC may 
grant an application requesting assignment of a communication channel 
pair to a proposed ground transmitter only if the proposed antenna 
location is at least 800 kilometers (497 miles) from the antenna 
location of the nearest co-channel ground transmitter in the United 
States, its territories and possessions; and 1000 kilometers (621 miles) 
from the antenna location of the nearest co-channel ground transmitter 
in Canada.
    (b) Dispersion. The FCC may grant an application requesting 
assignment of a communication channel pair to a proposed ground 
transmitter only if there are no more than five different communication 
channel pairs already assigned to ground transmitters with antenna 
locations within a 320 kilometer (199 mile) radius of the proposed 
antenna location.



Sec. 22.815  Construction period for general aviation ground stations.

    The construction period (see Sec. 22.142) for general aviation 
ground stations is 12 months.



Sec. 22.817  Additional channel policies.

    The rules in this section govern the processing of applications for 
authority

[[Page 184]]

to operate a ground station transmitter on any ground station 
communication channel listed in Sec. 22.805 when the applicant has 
applied or been granted an authorization for other ground station 
communication channels in the same area. The general policy of the FCC 
is to assign one ground station communication channel in an area to a 
carrier per application cycle, up to a maximum of six ground station 
communication channels per area. That is, a carrier must apply for one 
ground station communication channel, receive the authorization, 
construct the station, and notify the FCC of commencement of service 
before applying for an additional ground station communication channel 
in that area.
    (a) Air-ground transmitters in same area. Any transmitter on any of 
the ground station channels listed in Sec. 22.805 is considered to be in 
the same area as another transmitter on any ground station channel 
listed in Sec. 22.805 if it is located less than 350 kilometers (217 
miles) from that transmitter.
    (b) Initial channel. The FCC will not assign more than one ground 
station communication channel for new ground stations. Ground stations 
are considered to be new if there are no authorized ground station 
transmitters on any channel listed in Sec. 22.805 controlled by the 
applicant in the same area.
    (c) Additional channel. Applications for ground transmitters to be 
located in the same area as an authorized ground station controlled by 
the applicant, but to operate on a different ground station 
communication channel, are considered as requesting an additional 
channel for the authorized station.
    (d) Amendment of pending application. If the FCC receives and 
accepts for filing an application for a ground station transmitter to be 
located in the same area as a ground station transmitter proposed in a 
pending application previously filed by the applicant, but on a 
different ground station communication channel, the subsequent 
application is treated as a major amendment to change the technical 
proposal of the prior application. The filing date of any application so 
amended is the date the FCC received the subsequent application.
    (e) Dismissal of premature applications for additional channel. If 
the FCC receives an application requesting an additional ground station 
communication channel for an authorized ground 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.
    (f) Dismissal of applications for seventh channel. If the FCC 
receives an application requesting an additional ground station 
communication channel for an authorized ground station which would, if 
granted, result in that station being assigned more than six ground 
station communication channels in the same area, the FCC may dismiss 
that application without prejudice.



Sec. 22.819  AGRAS compatibility requirement.

    Except as provided in paragraph (a) of this section, stations 
transmitting on the channels listed in Sec. 22.805 must operate in 
compliance with the technical and operational requirements contained in 
the document, ``Technical Reference, Air-ground Radiotelephone Automated 
Service (AGRAS), System Operation and Equipment Characteristics'', dated 
April 12, 1985.
    (a) Until January 1, 1996, stations may continue to operate in 
compliance with the previous standard adopted in Docket 16073.
    (b) Copies of the document referenced in this section may be 
obtained from the FCC's copying contractor.

                 Commercial Aviation Air-Ground Systems



Sec. 22.857  Channel plan for commercial aviation air-ground systems.

    The 849-851 and 894-896 MHz frequency ranges are allocated for block 
assignment to nationwide air-ground systems providing radiotelephone 
service to passengers aboard commercial aircraft. These frequency ranges 
may also be used to provide service to persons in general aviation or 
other aircraft. Ground stations transmit on channels in the 849-851 MHz 
range. Airborne mobile stations transmit on

[[Page 185]]

channels in the 894-896 MHz range. Systems using these channels must 
conform to the channel plan described in this section.
    (a) Channel blocks. The spectrum allocated for commercial aviation 
air-ground systems is divided into ten channel blocks, numbered 1 
through 10. All ground stations in each geographical area must use the 
same channel block for communication with airborne mobile stations in 
flight, in accordance with Sec. 22.859.
    (1) Each channel block is subdivided into 6 control channels labeled 
P-1 through P-6, and 29 communications channels labeled C-1 through C-
29.
    (2) The authorized channel bandwidths are as follows:
    (i) Each control channel has a bandwidth of 3.2 kHz.
    (ii) Each communications channel has a bandwidth of 6 kHz.
    (b) The center frequencies (in MegaHertz) of the communications and 
control channels are listed in Tables G-1 and G-2 of this section.

                                                           Table G-1.--Ground Station Channels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Channel block
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                10         9          8          7          6          5          4          3          2          1
--------------------------------------------------------------------------------------------------------------------------------------------------------
C-1.......................................   849.0055   849.2055   849.4055   849.6055   849.8055   850.0055   850.2055   850.4055   850.6055   850.8055
C-2.......................................   849.0115   849.2115   849.4115   849.6115   849.8115   850.0115   850.2115   850.4115   850.6115   850.8115
C-3.......................................   849.0175   849.2175   849.4175   849.6175   849.8175   850.0175   850.2175   850.4175   850.6175   850.8175
C-4.......................................   849.0235   849.2235   849.4235   849.6235   849.8235   850.0235   850.2235   850.4235   850.6235   850.8235
C-5.......................................   849.0295   849.2295   849.4295   849.6295   849.8295   850.0295   850.2295   850.4295   850.6295   850.8295
C-6.......................................   849.0355   849.2355   849.4355   849.6355   849.8355   850.0355   850.2355   850.4355   850.6355   850.8355
C-7.......................................   849.0415   849.2415   849.4415   849.6415   849.8415   850.0415   850.2415   850.4415   850.6415   850.8415
C-8.......................................   849.0475   849.2475   849.4475   849.6475   849.8475   850.0475   850.2475   850.4475   850.6475   850.8475
C-9.......................................   849.0535   849.2535   849.4535   849.6535   849.8535   850.0535   850.2535   850.4535   850.6535   850.8535
C-10......................................   849.0595   849.2595   849.4595   849.6595   849.8595   850.0595   850.2595   850.4595   850.6595   850.8595
C-11......................................   849.0655   849.2655   849.4655   849.6655   849.8655   850.0655   850.2655   850.4655   850.6655   855.8655
C-12......................................   849.0715   849.2715   849.4715   849.6715   849.8715   850.0715   850.2715   850.4715   850.6715   850.8715
C-13......................................   849.0775   849.2775   849.4775   849.6775   849.8775   850.0775   850.2775   850.4775   850.6775   850.8775
C-14......................................   849.0835   849.2835   849.4835   849.6835   849.8835   850.0835   850.2835   850.4835   850.6835   850.8835
C-15......................................   849.0895   849.2895   849.4895   849.6895   849.8895   850.0895   850.2895   850.4895   850.6895   850.8895
C-16......................................   849.0955   849.2955   849.4955   849.6955   849.8955   850.0955   850.2955   850.4955   850.6955   850.8955
C-17......................................   849.1015   849.3015   849.5015   849.7015   849.9015   850.1015   850.3015   850.5015   850.7015   850.9015
C-18......................................   849.1075   849.3075   849.5075   849.7075   849.9075   850.1075   850.3075   850.5075   850.7075   850.9075
C-19......................................   849.1135   849.3135   849.5135   849.7135   849.9135   850.1135   850.3135   850.5135   850.7135   850.9135
C-20......................................   849.1195   849.3195   849.5195   849.7195   849.9195   850.1195   850.3195   850.5195   850.7195   850.9195
C-21......................................   849.1255   849.3255   849.5255   849.7255   849.9255   850.1255   850.3255   850.5255   850.7255   850.9255
C-22......................................   849.1315   849.3315   849.5315   849.7315   849.9315   850.1315   850.3315   850.5315   850.7315   850.9315
C-23......................................   849.1375   849.3375   849.5375   849.7375   849.9375   850.1375   850.3375   850.5375   850.7375   850.9375
C-24......................................   849.1435   849.3435   849.5435   849.7435   849.9435   850.1435   850.3435   850.5435   850.7435   850.9435
C-25......................................   849.1495   849.3495   849.5495   849.7495   849.9495   850.1495   850.3495   850.5495   850.7495   850.9495
C-26......................................   849.1555   849.3555   849.5555   849.7555   849.9555   850.1555   850.3555   850.5555   850.7555   850.9555
C-27......................................   849.1615   849.3615   849.5615   849.7615   849.9615   850.1615   850.3615   850.5615   850.7615   850.9615
C-28......................................   849.1675   849.3675   849.5675   849.7675   849.9675   850.1675   850.3675   850.5675   850.7675   850.9675
C-29......................................   849.1735   849.3735   849.5735   849.7735   849.9735   850.1735   850.3735   850.5735   850.7735   850.9735
P-6.......................................   849.1813   849.3813   849.5813   849.7813   849.9813   850.1813   850.3813   850.5813   850.7813   850.9813
P-5.......................................   849.1845   849.3845   849.5845   849.7845   849.9845   850.1845   850.3845   850.5845   850.7845   850.9845
P-4.......................................   849.1877   849.3877   849.5877   849.7877   849.9877   850.1877   850.3877   850.5877   850.7877   850.9877

[[Page 186]]

 
P-3.......................................   849.1909   849.3909   849.5909   849.7909   849.9909   850.1909   850.3909   850.5909   850.7909   850.9909
P-2.......................................   849.1941   849.3941   849.5941   849.7941   849.9941   850.1941   850.3941   850.5941   850.7941   850.9941
P-1.......................................   849.1973   849.3973   849.5973   849.7973   849.9973   850.1973   850.3973   850.5973   850.7973   850.9973
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                      Table G-2.--Airborne Mobile Station Channels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Channel block
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                10         9          8          7          6          5          4          3          2          1
--------------------------------------------------------------------------------------------------------------------------------------------------------
C-1.......................................   894.0055   894.2055   894.4055   894.6055   894.8055   895.0055   895.2055   895.4055   895.6055   895.8055
C-2.......................................   894.0115   894.2115   894.4115   894.6115   894.8115   895.0115   895.2115   895.4115   895.6115   895.8115
C-3.......................................   894.0175   894.2175   894.4175   894.6175   894.8175   895.0175   895.2175   895.4175   895.6175   895.8175
C-4.......................................   894.0235   894.2235   894.4235   894.6235   894.8235   895.0235   895.2235   895.4235   895.6235   895.8235
C-5.......................................   894.0295   894.2295   894.4295   894.6295   894.8295   895.0295   895.2295   895.4295   895.6295   895.8295
C-6.......................................   894.0355   894.2355   894.4355   894.6355   894.8355   895.0355   895.2355   895.4355   895.6355   895.8355
C-7.......................................   894.0415   894.2415   894.4415   894.6415   894.8415   895.0415   895.2415   895.4415   895.6415   895.8415
C-8.......................................   894.0475   894.2475   894.4475   894.6475   894.8475   895.0475   895.2475   895.4475   895.6475   895.8475
C-9.......................................   894.0535   894.2535   894.4535   894.6535   894.8535   895.0535   895.2535   895.4535   895.6535   895.8535
C-10......................................   894.0595   894.2595   894.4595   894.6595   894.8595   895.0595   895.2595   895.4595   895.6595   895.8595
C-11......................................   894.0655   894.2655   894.4655   894.6655   894.8655   895.0655   895.2655   895.4655   895.6655   895.8655
C-12......................................   894.0715   894.2715   894.4715   894.6715   894.8715   895.0715   895.2715   895.4715   895.6715   895.8715
C-13......................................   894.0775   894.2775   894.4775   894.6775   894.8775   895.0775   895.2775   895.4775   895.6775   895.8775
C-14......................................   894.0835   894.2835   894.4835   894.6835   894.8835   895.0835   895.2835   895.4835   895.6835   895.8835
C-15......................................   894.0895   894.2895   894.4895   894.6895   894.8895   895.0895   895.2895   895.4895   895.6895   895.8895
C-16......................................   894.0955   894.2955   894.4955   894.6955   894.8955   895.0955   895.2955   895.4955   895.6955   895.8955
C-17......................................   894.1015   894.3015   894.5015   894.7015   894.9015   895.1015   895.3015   895.5015   895.7015   895.9015
C-18......................................   894.1075   894.3075   894.5075   894.7075   894.9075   895.1075   895.3075   895.5075   895.7075   895.9075
C-19......................................   894.1135   894.3135   894.5135   894.7135   894.9135   895.1135   895.3135   895.5135   895.7135   895.9135
C-20......................................   894.1195   894.3195   894.5195   894.7195   894.9195   895.1195   895.3195   895.5195   895.7195   895.9195
C-21......................................   894.1255   894.3255   894.5255   894.7255   894.9255   895.1255   895.3255   895.5255   895.7255   895.9255
C-22......................................   894.1315   894.3315   894.5315   894.7315   894.9315   895.1315   895.3315   895.5315   895.7315   895.9315
C-23......................................   894.1375   894.3375   894.5375   894.7375   894.9375   895.1375   895.3375   895.5375   895.7375   895.9375
C-24......................................   894.1435   894.3435   894.5435   894.7435   894.9435   895.1435   895.3435   895.5435   895.7435   895.9435
C-25......................................   894.1495   894.3495   894.5495   894.7495   894.9495   895.1495   895.3495   895.5495   895.7495   895.9495
C-26......................................   894.1555   894.3555   894.5555   894.7555   894.9555   895.1555   895.3555   895.5555   895.7555   895.9555
C-27......................................   894.1615   894.3615   894.5615   894.7615   894.9615   895.1615   895.3615   895.5615   895.7615   895.9615
C-28......................................   894.1675   894.3675   894.5675   894.7675   894.9675   895.1675   895.3675   895.5675   895.7675   895.9675
C-29......................................   894.1735   894.3735   894.5735   894.7735   894.9735   895.1735   895.3735   895.5735   895.7735   895.9735
P-6.......................................   894.1813   894.3813   894.5813   894.7813   894.9813   895.1813   895.3813   895.5813   895.7813   895.9813
P-5.......................................   894.1845   894.3845   894.5845   894.7845   894.9845   895.1845   895.3845   895.5845   895.7845   895.9845
P-4.......................................   894.1877   894.3877   894.5877   894.7877   894.9877   895.1877   895.3877   895.5877   895.7877   895.9877
P-3.......................................   894.1909   894.3909   894.5909   894.7909   894.9909   895.1909   895.3909   895.5909   895.7909   895.9909
P-2.......................................   894.1941   894.3941   894.5941   894.7941   894.9941   895.1941   895.3941   895.5941   895.7941   895.9941
P-1.......................................   894.1973   894.3973   894.5973   894.7973   894.9973   895.1973   895.3973   895.5973   895.7973   895.9973
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 187]]



Sec. 22.859  Geographical channel block layout.

    Except as provided in paragraphs (a) and (b) of this section, each 
ground station location must be within 1.6 kilometers (one mile) of one 
of the locations listed in this paragraph. The channel block allotted 
for each location must be used to provide service to airborne mobile 
stations in flight and may be used to provide service to airborne mobile 
stations on the ground.

    Note: All geographic coordinates are referenced to North American 
Datum 1983 (NAD83).


 
------------------------------------------------------------------------
                                                                 Channel
              Location                N. latitude  W. longitude   block
------------------------------------------------------------------------
ALASKA:
    Anchorage......................  61 deg.11'04  149 deg.54'5       8
                                                "            0"
    Cordova........................  60 deg.29'38  145 deg.28'1       5
                                                "            7"
    Ketchikan......................  55 deg.21'10  131 deg.42'2       5
                                                "            0"
    Juneau.........................  58 deg.21'17  134 deg.34'3       4
                                                "            6"
    Sitka..........................  57 deg.03'03  135 deg.20'2       7
                                                "            3"
    Yakutat........................  59 deg.32'22  139 deg.44'1       2
                                                "            0"
ALABAMA:
    Birmingham.....................  33 deg.23'24  86 deg.39'59       2
                                                "             "
ARIZONA:
    Phoenix........................  33 deg.35'39  112 deg.05'1       4
                                                "            5"
    Winslow........................  35 deg.01'17  110 deg.43'0       6
                                                "            4"
ARKANSAS:
    Pine Bluff.....................  34 deg.10'56  91 deg.56'18       8
                                                "             "
CALIFORNIA:
    Burbank........................  34 deg.11'44  118 deg.21'3       4
                                                "            1"
    Blythe.........................  33 deg.36'39  114 deg.42'2      10
                                                "            7"
    Los Angeles....................  33 deg.56'45  118 deg.23'0       3
                                                "            6"
    Oakland........................  37 deg.51'54  122 deg.13'1       1
                                                "            5"
    Red Bluff......................  40 deg.04'34  122 deg.10'3       8
                                                "            8"
    San Francisco..................  37 deg.41'15  122 deg.26'0       6
                                                "            5"
    San Jose.......................  37 deg.20'56  121 deg.54'0       5
                                                "            1"
    Visalia........................  36 deg.19'36  119 deg.23'2       7
                                                "            5"
COLORADO:
    Colorado Springs...............  38 deg.44'39  104 deg.51'4       8
                                                "            8"
    Bennet.........................  39 deg.51'24  104 deg.35'5       1
                                                "            3"
    Hayden.........................  40 deg.29'04  107 deg.13'1       6
                                                "            0"
FLORIDA:
    Miami..........................  25 deg.48'28  80 deg.16'29       4
                                                "             "
    Orlando........................  28 deg.26'54  81 deg.21'59       2
                                                "             "
    Tallahassee....................  30 deg.24'03  84 deg.21'18       7
                                                "             "
GEORGIA:
    Atlanta........................  33 deg.39'05  84 deg.25'54       5
                                                "             "
    St Simons Island...............  31 deg.09'23  81 deg.23'13       6
                                                "             "
HAWAII:
    Mauna Kapu.....................  21 deg.24'13  158 deg.05'5       5
                                                "            2"
IDAHO:
    Blackfoot......................  43 deg.11'34  112 deg.21'0       8
                                                "            0"
    Caldwell.......................  43 deg.38'45  116 deg.38'4      10
                                                "            7"
ILLINOIS:
    Chicago........................  41 deg.46'49  87 deg.45'20       3
                                                "             "
    Kewanee........................  41 deg.12'05  89 deg.57'33       5
                                                "             "
    Schiller Park..................  41 deg.57'18  87 deg.52'57       2
                                                "             "
INDIANA:
    Fort Wayne.....................  40 deg.59'16  85 deg.11'31       7
                                                "             "
IOWA:
    Des Moines.....................  41 deg.31'58  93 deg.38'55       1
                                                "             "
KANSAS:
    Garden City....................  37 deg.59'35  100 deg.54'0       3
                                                "            6"
    Wichita........................  37 deg.37'24  97 deg.27'16       7
                                                "             "
KENTUCKY:
    Fairdale.......................  38 deg.04'48  85 deg.47'33       6
                                                "             "
LOUISIANA:
    Kenner.........................  30 deg.00'28  90 deg.13'49       3
                                                "             "
    Shreveport.....................  32 deg.27'10  93 deg.49'39       5
                                                "             "
MASSACHUSETTS:
    Boston.........................  42 deg.23'15  71 deg.01'01       7
                                                "             "
MICHIGAN:
    Bellville......................  42 deg.12'17  83 deg.29'09       8
                                                "             "
    Flint..........................  42 deg.58'21  83 deg.44'22       9
                                                "             "
    Sault Saint Marie..............  46 deg.28'45  84 deg.21'31       6
                                                "             "
MINNESOTA:
    Bloomington....................  44 deg.51'30  93 deg.13'20       9
                                                "             "
MISSISSIPPI:
    Meridian.......................  32 deg.19'11  88 deg.41'33       9
                                                "             "
MISSOURI:
    Kansas City....................  39 deg.18'13  94 deg.41'05       6
                                                "             "
    St. Louis......................  38 deg.42'45  90 deg.19'19       4
                                                "             "
    Springfield....................  37 deg.14'28  93 deg.22'55       9
                                                "             "
MONTANA:
    Lewistown......................  47 deg.02'56  109 deg.27'3       5
                                                "            0"
    Miles City.....................  46 deg.25'30  105 deg.52'3       8
                                                "            2"
    Missoula.......................  47 deg.01'05  114 deg.00'4       3
                                                "            4"
NEBRASKA:
    Grand Island...................  40 deg.58'00  98 deg.19'12       2
                                                "             "
    Ogallala.......................  41 deg.07'11  101 deg.45'3       4
                                                "            9"
NEVADA:
    Las Vegas......................  36 deg.05'35  115 deg.10'2       1
                                                "            8"
    Reno...........................  39 deg.35'13  119 deg.55'5       4
                                                "            6"
    Tonopah........................  38 deg.03'43  117 deg.13'2       9
                                                "            7"
    Winnemucca.....................  41 deg.00'39  117 deg.46'0       3
                                                "            1"
NEW MEXICO:
    Alamogordo.....................  32 deg.54'46  105 deg.56'4       8
                                                "            3"
    Albuquerque....................  35 deg.03'05  106 deg.37'1      10
                                                "            5"
    Aztec..........................  36 deg.48'42  107 deg.53'5       9
                                                "            0"
    Clayton........................  36 deg.27'29  103 deg.11'1       5
                                                "            8"
NEW JERSEY:
    Woodbury.......................  39 deg.50'01  75 deg.09'20       3
                                                "             "
NEW YORK:
    E. Elmhurst....................  40 deg.46'21  73 deg.52'40       1
                                                "             "
    Schuyler.......................  43 deg.09'09  75 deg.07'49       2
                                                "             "
    Staten Island..................  40 deg.36'05  74 deg.06'34       9
                                                "             "
NORTH CAROLINA:
    Greensboro.....................  36 deg.05'54  79 deg.56'41       9
                                                "             "
    Wilmington.....................  34 deg.16'11  77 deg.54'23       3
                                                "             "
NORTH DAKOTA:
    Dickinson......................  46 deg.51'05  102 deg.47'3       7
                                                "            7"
OHIO:
    Pataskala......................  40 deg.04'05  82 deg.42'00       1
                                                "             "
OKLAHOMA:
    Warner.........................  35 deg.29'31  95 deg.18'26       4
                                                "             "
    Woodward.......................  36 deg.24'42  99 deg.28'51       9
                                                "             "
OREGON:
    Albany.........................  44 deg.38'23  123 deg.03'4       5
                                                "            0"
    Klamath Falls..................  42 deg.06'30  121 deg.38'0       2
                                                "            4"
    Pendleton......................  45 deg.35'44  118 deg.31'0       7
                                                "            6"
PENNSYLVANIA:
    Coraopolis.....................  40 deg.30'33  80 deg.13'26       4
                                                "             "
    New Cumberland.................  40 deg.11'30  76 deg.52'01       8
                                                "             "
SOUTH CAROLINA:
    Charleston.....................  32 deg.54'11  80 deg.01'19       4
                                                "             "
SOUTH DAKOTA:
    Aberdeen.......................  45 deg.27'21  98 deg.25'27       6
                                                "             "
    Rapid City.....................  44 deg.02'36  103 deg.03'3       5
                                                "            8"
TENNESSEE:

[[Page 188]]

 
    Elizabethton...................  36 deg.26'04  82 deg.08'05       7
                                                "             "
    Memphis........................  35 deg.01'44  89 deg.56'15      10
                                                "             "
    Nashville......................  36 deg.08'07  86 deg.41'39       3
                                                "             "
TEXAS:
    Bedford........................   32 deg.'45"  97 deg.07'20       1
                                                              "
    Houston........................  29 deg.54'38  95 deg.24'40       2
                                                "             "
    Lubbock........................  33 deg.37'06  101 deg.52'1       7
                                                "            6"
    Monahans.......................  31 deg.34'58  102 deg.54'2       6
                                                "            0"
UTAH:
    Abajo Peak.....................  37 deg.50'21  109 deg.27'4       7
                                                "            4"
    Delta..........................  39 deg.23"15  112 deg.30'4       2
                                                '            7"
    Escalante......................  37 deg.45'19  111 deg.52'3       5
                                                "            0"
    Green River....................  38 deg.57'54  110 deg.13'4       3
                                                "            3"
    Salt Lake City.................  40 deg.39'11  112 deg.12'0       1
                                                "            9"
VIRGINIA:
    Arlington......................  38 deg.52'55  77 deg.06'17       6
                                                "             "
WASHINGTON:
    Seattle........................  47 deg.26'07  122 deg.17'3       4
                                                "            9"
    Cheney.........................  47 deg.33'14  117 deg.43'3       1
                                                "            9"
WEST VIRGINIA:
    Charleston.....................  38 deg.19'47  81 deg.39'35       2
                                                "             "
WISCONSIN:
    Stevens Point..................  44 deg.33'06  89 deg.25'27       8
                                                "             "
WYOMING:
    Riverton.......................  43 deg.03'37  108 deg.27'2       9
                                                "            5"
------------------------------------------------------------------------

    (a) Carriers authorized to construct and operate air-ground 
radiotelephone systems on the channels listed in Sec. 22.857 may also 
construct and operate low power ground stations designed to provide 
service to airborne mobile stations on the ground, provided that no 
interference is caused to service provided by ground stations located in 
accordance with the geographical channel block layout or with paragraph 
(b) of this section. The antenna location of each such low power ground 
station may be anywhere that is at least 483 kilometers (300 miles) from 
all antenna locations of ground stations using the same channel block(s) 
in accordance with the geographical channel block layout or with 
paragraph (b) of this section.
    (b) Ground station locations may be more than 1.61 kilometers (one 
mile) from all of the locations listed in this section, provided that 
they are at least 885 kilometers (550 miles) from all antenna locations 
of ground stations using the same channel block(s) in accordance with 
the geographical channel block layout or with this paragraph.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68948, Dec. 14, 1998; 
65 FR 49203, Aug. 11, 2000]



Sec. 22.861  Emission limitations.

    Any appropriate emission type may be used to provide air-ground 
radiotelephone service on the channels listed in Sec. 22.857, provided 
that the emission limitations of this section are met.
    (a) Emission mask. The emission mask described in this paragraph 
applies instead of those in Sec. 22.359. The power of any emission in 
each of the adjacent channels must be at least 30 dB below the power of 
the total emission. The power of any emission in any of the channels 
other than the one being used and the adjacent channels must be at least 
50 dB below the power of the total emission.
    (b) Airborne mobile transmitters. The power of any emission in each 
of the adjacent channels must not exceed -130 dBm at any ground station 
receiver, assuming a 0 dBi receive antenna. The power of any emission in 
any of the channels other than the one being used and the adjacent 
channels must not exceed -148 dBm at any ground station receiver, 
assuming a 0 dBi receive antenna.
    (c) Ground station transmitters. The effective radiated power (ERP) 
of any emission outside of the frequency ranges set forth in Sec. 22.857 
must not exceed -10 dBm. The ERP of any emission in each of the adjacent 
channels must not exceed +10 dBm. The ERP of any emission in any of the 
channels other than the one being used and the adjacent channels must 
not exceed -5 dBm.
    (d) If an emission on any frequency outside of the authorized 
bandwidth causes harmful interference, the FCC may require greater 
attenuation of that emission than required in paragraph (a) of this 
section.



Sec. 22.863  Transmitter frequency tolerance.

    Ground station transmitter frequencies must be maintained within 0.1 
parts per million (ppm) of the channel reference or center frequencies. 
Doppler shift correction must be used to ensure that the frequencies of 
the signals of airborne mobile stations received at ground stations 
remain within 0.2 ppm of the channel reference or center frequencies.

[[Page 189]]



Sec. 22.865  Automatic channel selection procedures.

    Operation of stations using the channels listed in Sec. 22.857 must 
be in accordance with the procedures in this section.
    (a) A communications channel is not available for use by a ground 
station if it is already in use by another ground station at the same 
location. Ground station equipment must automatically determine whether 
channels are in use by other ground stations at the same location, and 
may employ radio frequency signal monitoring to do so. For example, a 
communications channel may be determined to be in use if the received 
signal power on that channel at the ground station exceeds -115 dBm, 
which, assuming a 0 dB gain 895 MHz receive antenna, corresponds to a 
field strength of approximately 19 dBV/m. Ground stations may 
employ an alternative method of determining whether a communications 
channel is in use provided that such procedure is at least as reliable 
as radio frequency signal monitoring.
    (b) Data indicating which communications channels are available for 
use are transmitted by ground stations on the assigned control channels.
    (c) A call is originated when an airborne mobile station selects a 
communications channel based on the received data from ground stations 
and other factors, and transmits an identification code (which 
identifies the specific ground station from which service is requested) 
on the selected communications channel. The ground station from which 
service has been requested may then obtain any necessary billing 
information and complete the call.
    (d) A ground station may not transmit on a communications channel 
unless it has received the proper identification code. After a ground 
station has begun to transmit on a communications channel, that channel 
is not available to ground stations other than the one from which 
service has been requested until the call is terminated.
    (e) A call is terminated by the ground station when either a hang-up 
signal is transmitted by the airborne mobile station, or the signal from 
the airborne mobile station on the communications channel is lost for a 
period of 15 continuous seconds. The hang-up signal is the on-off keying 
(50% duty cycle) of an unmodulated carrier over a period of one second 
with pulse duration of 5 milliseconds. However, if all carriers 
authorized to operate air-ground systems using the channels listed in 
Sec. 22.857 agree that an alternative hang-up signal and/or procedure 
would be more efficient or beneficial, such alternative hang-up signal 
and/or procedure may be used. The carriers must jointly give prior 
notification to the FCC if an alternative hang-up signal and/or 
procedure is used.



Sec. 22.867  Effective radiated power limits.

    The effective radiated power (ERP) of ground and airborne stations 
operating on the channels listed in Sec. 22.857 must not exceed the 
limits in this section.
    (a) The ERP of airborne mobile station transmitters must not exceed 
30 Watts.
    (b) The ERP of ground station transmitters must not exceed 100 
Watts.
    (c) The ERP of low power ground station transmitters operating 
pursuant to paragraph (a) of Sec. 22.859 must not exceed 1 Watt.



Sec. 22.869  Assignment of control channels.

    The FCC selects and assigns exclusively one control channel to each 
commercial aviation air-ground licensee.



Sec. 22.871  Control channel transition period.

    The rules in this section provide for a period of transition during 
which the experimental air-ground system operating on the channels 
listed in Sec. 22.857 will be discontinued and replaced by a system 
operating in full compliance with the rules in this subpart. The 
experimental system may continue to exclusively use a 3.2 kHz control 
channel contained within the bandwidth of communications channel C-2 of 
each channel block until September 9, 1996. After that date 
communications channel C-2 will be available for use by all carriers 
authorized to operate an air-ground system on the channels listed in 
Sec. 22.857.

[[Page 190]]



Sec. 22.873  Construction period for commercial aviation air-ground systems.

    Construction of a new commercial aviation air-ground system is 
considered to be completed for the purpose of this section and 
Sec. 22.142 when the number of ground stations specified in this section 
are constructed and operational.
    (a) Stage I. At least 25 ground stations must be constructed and 
operational within 3 years. Licensees must notify the Commission by 
using FCC Form 601 as soon as this requirement is met.
    (b) Stage II. At least 50 ground stations must be constructed and 
operational within 5 years. Nationwide service to subscribers must 
commence within 5 years. Licensees must notify the Commission by using 
FCC Form 601 as soon as this requirement is met.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68950, Dec. 14, 1998]



Sec. 22.875  Commercial aviation air-ground system application requirements.

    Existing and prospective common carriers may file applications for 
authority to construct and operate a new nationwide air-ground system on 
the channels listed in Sec. 22.857 only during window filing periods 
that may be announced by the FCC in Public Notices. In addition to the 
requirements elsewhere in this part, such applications must contain the 
following exhibits:
    (a) Written agreement. A signed agreement between the applicant and 
at least one airline or airline organization, authorizing the applicant 
to provide air-ground service on its aircraft.
    (b) Financial qualifications. At the time of filing its application 
an applicant must demonstrate that it has either a firm financial 
commitment or available financial resources necessary to construct 50 
ground stations and operate for one year after initiation of nationwide 
air-ground service its proposed air-ground system.
    (1) The demonstration of commitment must include and be sufficient 
to cover the realistic and prudent estimated costs of construction of 50 
ground stations, operation and other initial expenses for one year after 
initiation of nationwide air-ground service. The estimated costs, 
operation costs and other initial expenses must be itemized. The 
estimated costs must include the anticipated costs of construction of 
each ground station.
    (2) The firm financial commitment required above must be obtained 
from a state or federally chartered bank or savings and loan 
association, or the financial affiliate or subsidiary of an equipment 
supplier, and must contain a statement that the lender:
    (i) Has examined the financial condition of the applicant including 
audited financial statements, and has determined that the applicant is 
credit worthy;
    (ii) That the lender is committed to providing a sum certain to the 
particular applicant;
    (iii) That the lender's willingness to enter into the commitment is 
based solely on its relationship with the applicant; and
    (iv) That the commitment is not in any way guaranteed by any entity 
other than the applicant.
    (3) Applicants intending to rely on personal or internal resources 
must submit:
    (i) Audited financial statements certified within one year of the 
date of the application, indicating the availability of sufficient net 
liquid assets to construct and operate the proposed air-ground system 
for one year.
    (A) The auditors must be certified public accountants.
    (B) Net liquid assets is considered to be the excess of current 
assets (readily converted to cash) over current liabilities. In order to 
demonstrate ready convertibility into cash, the identity, liquidity and 
value of listed assets must be demonstrated. Non-liquid assets can be 
relied on if the marketability of those assets is documented.
    (ii) An audited balance sheet, current within 60 days of filing, 
which clearly shows the continued availability of sufficient net liquid 
assets to construct and operate the proposed air-ground system for one 
year after nationwide service begins.
    (c) Service Plan. A service plan containing:

[[Page 191]]

    (1) A map or other description of the planned geographic coverage 
area, including air space over the continental United States, Alaska, 
Hawaii and other United States territories.
    (2) A schedule for construction of 50 ground stations and provision 
of nationwide service to subscribers within 5 years from the grant of 
the initial authorization.
    (3) A description of how the system will interconnect with the 
landline telephone network and be integrated with other air-ground 
systems, including a statement as to whether the system will be 
interconnected with international air-ground systems.
    (d) Technical Exhibit. A technical description of the proposed 
system demonstrating compliance with all applicable technical 
requirements and describing how the proposed system would operate, if 
authorized. This exhibit must provide the following information:
    (1) The number of ground stations to be used, their locations, and 
the type and quantity of equipment proposed for the system;
    (2) A complete description of the procedures and data protocols to 
be used on the control channel;
    (3) The modulation types to be used and their spectral 
characteristics;
    (4) The effective radiated power and transmitter peak envelope power 
for all transmitters at each ground station location, and the effective 
radiated power of the airborne mobile stations;
    (5) Antenna information as follows:
    (i) For airborne mobile stations, the antenna type(s) to be used;
    (ii) For ground stations, vertical and horizontal radiation 
patterns, antenna heights above ground level, antenna support structure 
heights above ground level, ground elevation above mean sea level and 
any relevant information (e.g. FAA approval) that may be helpful in 
determining whether ground station antennas require marking and 
lighting;
    (6) Analytical data, including calculations, of potential 
interference within and without the spectrum for the air-ground system;

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68951, Dec. 14, 1998]

    Effective Date Note: At 63 FR 68904, Dec. 14, 1998, Sec. 22.875 was 
amended by removing paragraph (d)(5). This paragraph contains modified 
information collection requirements and will not become effective until 
approved by the Office of Management and Budget.



               Subpart H--Cellular Radiotelephone Service



Sec. 22.900  Scope.

    The rules in this subpart govern the licensing and operation of 
cellular radiotelephone systems. Licensing and operation of these 
systems are also subject to rules elsewhere in this part that apply 
generally to the Public Mobile Services. In case of conflict, however, 
the rules in this subpart govern.



Sec. 22.901  Cellular service requirements and limitations.

    Cellular system licensees must provide cellular mobile 
radiotelephone service upon request to subscribers in good standing, 
including roamers, as provided in Sec. 20.12 of this chapter. A cellular 
system licensee may refuse or terminate service, however, subject to any 
applicable state or local requirements for timely notification, to any 
subscriber who operates a cellular telephone in an airborne aircraft in 
violation of Sec. 22.925 or otherwise fails to cooperate with the 
licensee in exercising operational control over mobile stations pursuant 
to Sec. 22.927.
    (a) Service area information. Licensees must inform prospective 
subscribers of the area in which reliable service can be expected.
    (b) Lack of capacity. If a licensee refuses a request for cellular 
service because of a lack of system capacity, it must report that fact 
to the FCC in writing, explaining how it plans to increase capacity.
    (c) Dispatch service. Cellular systems may provide dispatch service.
    (d) Alternative technologies and co-primary services. Licensees of 
cellular systems may use alternative cellular technologies and/or 
provide fixed services on a co-primary basis with their mobile 
offerings, including personal communications services (as defined in 
part 24 of this chapter) on the spectrum within their assigned channel 
block. Cellular carriers that provide mobile services must make such 
service available to

[[Page 192]]

subscribers whose mobile equipment conforms to the cellular system 
compatibility specification (see Sec. 22.933).
    (1) Licensees must perform or obtain an engineering analysis to 
ensure that interference to the service of other cellular systems will 
not result from the implementation of co-primary fixed services or 
alternative cellular technologies.
    (2) Alternative technology and co-primary fixed services are exempt 
from requirements for incidental communications services of Sec. 22.323, 
the channeling requirements of Sec. 22.905, the modulation requirements 
of Sec. 22.915, the wave polarization requirements of Sec. 22.367, the 
compatibility specification in Sec. 22.933 and the emission limitations 
of Secs. 22.357 and 22.917, except for emission limitations that apply 
to emissions outside the assigned channel block.

[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994, as amended at 
60 FR 15495, Mar. 24, 1995; 61 FR 38403, July 24, 1996; 61 FR 45356, 
Aug. 29, 1996; 65 FR 49202, Aug. 11, 2000]



Sec. 22.905  Channels for cellular service.

    The following channels are allocated for block assignment in the 
Cellular Radiotelephone Service. All channels have a bandwidth of 40 kHz 
and are designed by their center frequencies in MegaHertz.

------------------------------------------------------------------------
              Base                 Mobile          Base          Mobile
------------------------------------------------------------------------
                             CHANNEL BLOCK A
 
                     416 communication channel pairs
 
869.040........................  824.040    890.010...........  845.010
869.070........................  824.070    890.040...........  845.040
   |                                |          |                   |
   |                                |          |                   |
879.990........................  834.990    891.480...........  846.480
 
                        21 control channel pairs
 


                834.390.................  879.390
                834.420.................  879.420
                   |                         |
                   |                         |
                834.990.................  879.990
 


                             CHANNEL BLOCK B
 
                     416 communication channel pairs
 
880.020.........................  835.020   891.510...........  846.510
880.050.........................  835.050   981.540...........  846.540
   |                                 |         |                   |
   |                                 |         |                   |
889.980.........................  844.980   893.970...........  848.970
 
                        21 control channel pairs
 



                835.020.................  880.020
                835.050.................  880.050
                   |                         |
                   |                         |
                835.920.................  880.620
 

    (a) Each channel block is assigned exclusively to one licensee for 
use in that licensee's cellular geographic service area (see 
Sec. 22.911).
    (b) Licensees may use any channel pair from the assigned channel 
block at any of their transmitter locations, subject to the prior 
coordination requirements of Sec. 22.907.

[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995]



Sec. 22.907  Coordination of channel usage.

    Licensees in the Cellular Radiotelephone Service must coordinate, 
with the appropriate parties, channel usage at each transmitter location 
within 121 kilometers (75 miles) of any transmitter locations authorized 
to other licensees or proposed by tentative selectees or other 
applicants, except those with mutually exclusive applications.
    (a) Licensees must cooperate and make reasonable efforts to resolve 
technical problems that may inhibit effective and efficient use of the 
cellular radio spectrum; however, licensees are not obligated to suggest 
extensive changes to or redesign other licensees' cellular systems. 
Licensees must make reasonable efforts to avoid blocking the growth of 
other cellular systems that are likely to need additional capacity in 
the future.
    (b) If technical problems are addressed by an agreement or operating 
agreement between the licensees that would result in a reduction of 
quality or capacity of either system, the licensees must notify the 
Commission by updating FCC Form 601.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68951, Dec. 14, 1998]



Sec. 22.909  Cellular markets.

    Cellular markets are standard geographic areas used by the FCC for 
administrative convenience in the licensing of cellular systems. 
Cellular markets comprise Metropolitan Statistical Areas (MSAs) and 
Rural Service Areas (RSAs). All cellular markets and the counties they 
comprise are listed in Public Notice Report No. CL-92-40

[[Page 193]]

``Common Carrier Public Mobile Services Information, Cellular MSA/RSA 
Markets and Counties'', dated January 24, 1992, DA 92-109, 7 FCC Rcd 742 
(1992).
    (a) MSAs. Metropolitan Statistical Areas are 306 areas, including 
New England County Metropolitan Areas and the Gulf of Mexico Service 
Area (water area of the Gulf of Mexico, border is the coastline), 
defined by the Office of Management and Budget, as modified by the FCC.
    (b) RSAs. Rural Service Areas are 428 areas, other than MSAs, 
established by the FCC.



Sec. 22.911  Cellular geographic service area.

    The Cellular Geographic Service Area (CGSA) of a cellular system is 
the geographic area considered by the FCC to be served by the cellular 
system. The CGSA is the area within which cellular systems are entitled 
to protection and within which adverse effects for the purpose of 
determining whether a petitioner has standing are recognized.
    (a) CGSA determination. The CGSA is the composite of the service 
areas of all of the cells in the system, excluding any area outside the 
cellular market boundary, except as provided in paragraph (c) of this 
section, and excluding any area within the CGSA of another cellular 
system. The service area of a cell is the area within its service area 
boundary (SAB). The distance to the SAB is calculated as a function of 
effective radiated power (ERP) and antenna center of radiation height 
above average terrain (HAAT), height above sea level (HASL) or height 
above mean sea level (HAMSL).
    (1) Except as provided in paragraphs (a)(2) and (b) of this section, 
the distance from a cell transmitting antenna to its SAB along each 
cardinal radial is calculated as follows:

d=2.531 x h0.34 xp0.17

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    (2) For the cellular systems authorized to serve the Gulf of Mexico 
MSA, the distance from a cell transmitting antenna to its SAB along each 
cardinal radial is calculated as follows:

d=6.895 x h0.30 xp0.15

where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts

    (3) The value used for h in the formula in paragraph (a)(2) of this 
section must not be less than 8 meters (26 feet) HASL (or HAMSL, as 
appropriate for the support structure). The value used for h in the 
formula in paragraph (a)(1) of this section must not be less than 30 
meters (98 feet) HAAT, except that for unserved area applications 
proposing a cell with an ERP not exceeding 10 Watts, the value for h 
used in the formula in paragraph (a)(1) of this section to determine the 
service area boundary for that cell may be less than 30 meters (98 feet) 
HAAT, but not less than 3 meters (10 feet) HAAT.
    (4) The value used for p in the formulas in paragraphs (a)(1) and 
(a)(2) of this section must not be less than 0.1 Watt or 27 dB less than 
(1/500 of) the maximum ERP in any direction, whichever is more.
    (5) Whenever use of the formula in paragraph (a)(1) of this section 
pursuant to the exception contained in paragraph (a)(3) of this section 
results in a calculated distance that is less than 5.4 kilometers (3.4 
miles), the radial distance to the service area boundary is deemed to be 
5.4 kilometers (3.4 miles).
    (6) The distance from a cell transmitting antenna to the SAB along 
any radial other than the eight cardinal radials is calculated by linear 
interpolation of distance as a function of angle.

    Note to paragraph (a) of Sec. 22.911:
    On May 13, 1994, the United States Court of Appeals for the District 
of Columbia Circuit instructed the FCC to vacate the provisions of old 
Sec. 22.903(a), now Sec. 22.911(a), insofar as they apply to cellular 
systems licensed to serve the Gulf of Mexico MSA (GMSA), pending 
reconsideration of an issue remanded to the FCC in that decision. See 
Petroleum Communications, Inc. v. Federal Communications Commission, No. 
92-1670 and RVC Services, Inc., D/B/A Coastel Communications Company v. 
Federal Communications Commission, No. 93-1016, ____ F.2d ____, ____ 
(D.C. Cir. 1994). Accordingly, notwithstanding the provisions of

[[Page 194]]

Sec. 22.911(a), until further notice, the authorized CGSAs of the 
cellular systems licensed to serve the GMSA are those which were 
authorized prior to January 11, 1993.

    (b) Alternative CGSA determination. If a carrier believes that the 
method described in paragraph (a) of this section produces a CGSA that 
departs significantly (20% in the service area of any cell) 
from the geographic area where reliable cellular service is actually 
provided, the carrier may submit, as an exhibit to an application for 
modification of the CGSA using FCC Form 601, a depiction of what the 
carrier believes the CGSA should be. Such submissions must be 
accompanied by one or more supporting propagation studies using methods 
appropriate for the 800-900 MHz frequency range, including all 
supporting data and calculations, and/or by extensive field strength 
measurement data. For the purpose of such submissions, cellular service 
is considered to be provided in all areas, including ``dead spots'', 
between the transmitter location and the locus of points where the 
predicted or measured median field strength finally drops to 32 
dBV/m (i.e. does not exceed 32 dBV/m further out). If, 
after consideration of such submissions, the FCC finds that adjustment 
to a CGSA is warranted, the FCC may grant the application.
    (1) The alternative CGSA determination must define the CGSA in terms 
of distances from cell sites to cell SABs along the eight cardinal 
radials, with other points along the SAB determined in accordance with 
paragraph (a)(6) of this section. The distances used for the cardinal 
radials must be representative of the coverage within the 45 deg. 
sectors, as depicted by the alternative CGSA determination.
    (2) If an uncalibrated predictive model is used to depict the CGSA, 
the alternative CGSA determination must identify factors (e.g. terrain 
roughness or features) that could plausibly account for the difference 
between actual coverage and that defined by the formula in paragraph 
(a)(1) of this section. If actual measurements or a measurement-
calibrated predictive model are used to depict the CGSA, and this fact 
is disclosed in the alternative CGSA determination, it is not necessary 
to offer an explanation of the difference between actual coverage and 
that defined by the formula in paragraph (a)(1) of this section. If the 
formula in paragraph (a)(1) of this section is clearly inapplicable for 
the cell(s) in question (e.g. for microcells), this should be disclosed 
in the alternative CGSA determination.
    (3) The provision for alternative CGSA determinations was made in 
recognition that the formula in paragraph (a)(1) of this section is a 
general model that provides a reasonable approximation of coverage in 
most land areas, but may substantially under-predict or over-predict 
coverage in specific areas with unusual terrain roughness or features, 
and may be inapplicable for certain purposes, e.g. cells with a radial 
distance to the SAB less than 8 kilometers (5 miles). In such cases, 
alternative methods that utilize more specific models are appropriate. 
Accordingly, the FCC does not consider use of the formula in paragraph 
(a)(1) of this section with parameters outside of the limits in 
paragraphs (a)(3), (a)(4) and (a)(5) of this section or with data for 
radials other than the cardinal radials to be a valid alternative method 
for determining the CGSA of a cellular system.
    (c) CGSA extension areas. SAB extensions (areas outside of the 
cellular market boundary, but within the service area as calculated 
using the methods of paragraph (a) of this section) are part of the CGSA 
only under the following circumstances:
    (1) During the five year build-out period of the system in the 
cellular market containing the extension, the licensees of systems on 
the same channel block in adjacent cellular markets may agree that the 
portion of the service area of one system that extends into unserved 
areas in the other system's cellular market is part of the CGSA of the 
former system.
    (2) At the end of the five year build-out period of the system in 
the cellular market containing the extension, the portion of the service 
area that extends into unserved areas in another cellular market becomes 
part of the CGSA, provided that the licensee of the system so extended 
files a system information update in accordance with Sec. 22.947(c).

[[Page 195]]

    (3) For original systems in MSAs, extensions of the CGSA authorized 
by the FCC are part of the CGSA to the extent authorized.
    (d) Protection afforded. Within the CGSA determined in accordance 
with this section, cellular systems are entitled to protection from co-
channel and first-adjacent channel interference and from capture of 
subscriber traffic by adjacent systems on the same channel block.
    (1) Licensees must cooperate in resolving co-channel and first-
adjacent channel interference by changing channels used at specific 
cells or by other technical means.
    (2) Protection from capture of subscriber traffic is applied and 
limited in accordance with the following:
    (i) Subscriber traffic is captured if an SAB of one cellular system 
overlaps the CGSA of another operating cellular system. Therefore, 
cellular licensees must not begin to operate any facility that would 
cause an SAB to overlap the existing CGSA of another cellular system on 
the same channel block, without first obtaining the written consent of 
the licensee of that system. However, cellular licensees may continue to 
operate existing facilities that produce an SAB overlapping a 
subsequently-authorized portion of the CGSA of another cellular system 
on the same channel block until the licensee of that system requests 
that the SAB be removed from its CGSA. Such request may be made directly 
to the licensee of the overlapping system or to the FCC. In the event 
such request is made, the licensee of the overlapping system must reduce 
the transmitting power or antenna height (or both) at the pertinent cell 
site as necessary to remove the SAB from the CGSA of the other system, 
unless a written consent from the licensee of the other system allowing 
the SAB to remain is obtained. Cellular licensees may enter into 
contracts with the licensees of other cellular systems on the same 
channel block to allow SABs to overlap CGSAs.
    (ii) Cellular licensees are at most entitled to have a CGSA free of 
SABs from other cellular systems on the same channel block.
    (e) Unserved areas. Unserved areas are areas outside of all existing 
CGSAs (on either of the channel blocks), to which the Communications Act 
of 1934, as amended, is applicable.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68951, Dec. 14, 1998]



Sec. 22.912  Service area boundary extensions.

    This section contains rules governing service area boundary (SAB) 
extensions. SAB extensions are areas outside of the cellular market 
boundary, but within the service area as calculated using the methods of 
Sec. 22.911(a). Cellular systems must be designed to comply with the 
rules in this section. Applications proposing systems that would not 
comply with the rules in this section are defective. Service within SAB 
extensions is not protected from interference or capture under 
Sec. 22.911(d) unless and until the area within the SAB extension 
becomes a part of the cellular geographic service area (CGSA) in 
accordance with Sec. 22.911(c).
    (a) De minimis extensions. Except as restricted in paragraph (d) of 
this section, SABs may extend into adjacent cellular markets if such 
extensions are de minimis, are demonstrably unavoidable for technical 
reasons of sound engineering design, and do not extend into the CGSA of 
any other licensee's cellular system on the same channel block (unless 
the licensee of such other system consents to the extension) or into any 
adjacent cellular market on a channel block for which the five year 
build-out period has expired.
    (b) Contract extensions. Except as restricted in paragraph (d) of 
this section, licensees of cellular systems on the same channel block in 
adjacent cellular markets may, at any time, enter into contracts with 
applicants or other licensees to allow SAB extensions into their CGSA 
only (not into unserved areas). Except as restricted in paragraph (d) of 
this section, licensees of the first authorized cellular systems on the 
same channel block in adjacent cellular markets may agree to allow SAB 
extensions into their CGSA and/or

[[Page 196]]

unserved areas in their cellular markets during the five year build-out 
period of the market into which the SAB extends.
    (c) Same applicant/licensee. Except as restricted in paragraph (d) 
of this section, licensees of cellular systems that are also an 
applicant or licensee on the same channel block in adjacent cellular 
markets may, at any time, allow or propose SAB extensions from their 
adjacent market system into their CGSH only (not into unserved areas). 
Except as restricted in paragraph (d) of this section, licensees of the 
first authorized cellular systems that are also an applicant or licensee 
on the same channel block in adjacent cellular markets may allow or 
propose SAB extensions from their adjacent market system into their CGSA 
and/or unserved areas in their cellular markets during the five year 
build-out period of the market into which the SAB extends.
    (d) Unserved area systems. Phase I initial cellular applications 
must not propose SAB extensions. Phase I sole major modification 
applications and Phase II applications may propose SAB extensions, 
subject to the conditions in this section.



Sec. 22.913  Effective radiated power limits.

    The effective radiated power (ERP) of transmitters in the Cellular 
Radiotelephone Service must not exceed the limits in this section.
    (a) Maximum ERP. The effective radiated power (ERP) of base 
transmitters and cellular repeaters must not exceed 500 Watts. The ERP 
of mobile transmitters and auxiliary test transmitters must not exceed 7 
Watts.
    (b) Height-power limit. The ERP of base transmitters must not exceed 
the amount that would result in an average distance to the service area 
boundary of 79.1 kilometers (49 miles) for cellular systems authorized 
to serve the Gulf of Mexico MSA and 40.2 kilometers (25 miles) for all 
other cellular systems. The average distance to the service area 
boundary is calculated by taking the arithmetic mean of the distances 
determined using the procedures specified in Sec. 22.911 for the eight 
cardinal radial directions.
    (c) Coordination exemption. Licensees need not comply with the 
height-power limit in paragraph (b) of this section if the proposed 
operation is coordinated with the licensees of all affected cellular 
systems on the same channel block within 121 kilometers (75 miles) and 
concurrence is obtained.



Sec. 22.915  Modulation requirements.

    Cellular systems must be capable of providing service using the 
types of modulation described in the cellular system compatibility 
specification.
    (a) Non-voice modulating signals. Modulating signals other than 
voice signals, such as data signals, may be transmitted, provided the 
resulting modulated emission exhibits spectral characteristics not 
exceeding those resulting from voice modulation.
    (b) Modulation levels. The levels of the modulating signals must be 
set to the values specified in this paragraph, and must be maintained 
within 10% of those values.
    (1) The instantaneous frequency deviation resulting from the main 
modulating signal must be 12 kHz.
    (2) The instantaneous frequency deviation resulting from the 
supervisory audio tones must be 2 kHz.
    (3) The instantaneous frequency deviation resulting from the 
signaling tone must be 8 kHz.
    (4) The instantaneous frequency deviation resulting from wideband 
data signals must be 8 kHz.
    (c) Deviation limitation circuitry. Cellular transmitters must be 
equipped with circuitry that automatically prevents modulation levels 
for voice transmissions from exceeding the limits specified in this 
section.
    (d) Audio filter characteristics. Except as provided in Sec. 22.917, 
radiotelephony signals applied to the modulator from the modulation 
limiter must be attenuated as a function of frequency as specified in 
this paragraph.
    (1) For mobile stations, these signals must be attenuated, relative 
to the level at 1 kHz, as follows:
    (i) In the frequency ranges of 3.0 to 5.9 kHz and 6.1 to 15.0 kHz, 
signals must be attenuated by at least 40 log (f3) dB, where f 
is the frequency of the signal in kHz.

[[Page 197]]

    (ii) In the frequency range of 5.9 to 6.1 kHz, signals must be 
attenuated at least 35 dB.
    (iii) In the frequency range above 15 kHz, signals must be 
attenuated at least 28 dB.
    (2) For base stations, these signals shall be attenuated, relative 
to the level at 1 kHz, as follows:
    (i) In the frequency range of 3 to 15 kHz, signals must be 
attenuated by at least 40 log (f3) dB, where f is the frequency 
of the signal in kHz.
    (ii) In the frequency range above 15 kHz, signals must be attenuated 
by at least 28 dB.
    (3) Filtering is not required for the supervisory audio tones, 
signaling tones or wideband data signals.



Sec. 22.917  Emission limitations for cellular.

    The rules in this section govern the spectral characteristics of 
emissions in the Cellular Radiotelephone Service.
    (a) Analog radiotelephony emissions. F3E emissions must be used only 
on the communication channels.
    (b) F3E/F3D emission mask for use with audio filter. For F3E and F3D 
emissions, except as provided in paragraph (c) of this section, the mean 
power of emissions must be attenuated below the mean power of the 
unmodulated carrier wave (P) as follows:
    (1) On any frequency removed from the carrier frequency by more than 
20 kHz but not more than 45 kHz:

at least 26 dB;

    (2) On any frequency removed from the carrier frequency by more than 
45 kHz, up to the first multiple of the carrier frequency:

at least 60 dB or 43 + 10 log P dB, whichever is the lesser attenuation.

    (c) Alternative F3E/F3D emission mask. For F3E and F3D emissions, 
transmitters may comply with the emission limitations in this paragraph 
in lieu of compliance with paragraph (b) of this section and the audio 
filter requirement of Sec. 22.915.
    (1) The mean power of any emission removed from the carrier 
frequency by a displacement frequency (fd in kHz) must be 
attenuated below the mean power of the unmodulated carrier (P) as 
follows:
    (i) On any frequency removed from the carrier frequency by more than 
12 kHz but not more than 20 kHz:

at least 117 log (fd12) dB;

    (ii) On any frequency removed from the carrier frequency by more 
than 20 kHz, up to the first multiple of the carrier frequency:

at least 100 log (fd11) dB or 60 dB or 43 + 10 log P 
dB, whichever is the lesser attenuation;

    (2) For mobile stations, modulating signals other than the 
supervisory audio tone in the frequency range of 5.9 to 6.1 kHz must be 
attenuated, relative to the level at 1 kHz, at least 35 dB.
    (d) F1D emission mask. For F1D emissions, the mean power of 
emissions must be attenuated below the mean power of the unmodulated 
carrier (P) as follows:
    (1) On any frequency removed from the carrier frequency by more than 
20 kHz but not more than 45 kHz:

at least 26 dB;

    (2) On any frequency removed from the carrier frequency by more than 
45 kHz but not more than 90 kHz:

at least 45 dB;

    (3) On any frequency removed from the carrier frequency by more than 
90 kHz, up to the first multiple of the carrier frequency:

at least 60 dB or 43+10 log P dB, whichever is the lesser attenuation.

    (e) Out of band emissions. The mean power of emissions must be 
attenuated below the mean power of the unmodulated carrier (P) on any 
frequency twice or more than twice the fundamental frequency by:

at least 43+10 log P dB.

    (f) Mobile emissions in base frequency range. The mean power of any 
emissions appearing in the base station frequency range from cellular 
mobile transmitters operated must be attenuated to a level not to exceed 
-80 dBm at the transmit antenna connector.
    (g) Interference from spurious emissions. If any emission from a 
transmitter operating in this service results in interference to users 
of another radio service, the FCC may require a greater attenuation of 
that emission than specified in this section.

[[Page 198]]

    (h) Measurement procedure. The following spectrum analyzer bandwidth 
settings should be used for measurement of spurious emissions:
    (1) When operating in the radiotelephony mode or the supervisory 
audio tone mode:
    (i) For any emission not more than 45 kHz removed from the carrier 
frequency: 300 Hz;
    (ii) For any emission more than 45 kHz removed from the carrier 
frequency: 30 kHz.
    (2) When operating in the wideband data mode or the signaling tone 
mode:
    (i) For any emission not more than 60 kHz removed from the carrier 
frequency: 300 Hz;
    (ii) For any emission more than 60 kHz removed from the carrier 
frequency: 30 kHz.



Sec. 22.919  Electronic serial numbers.

    The Electronic Serial Number (ESN) is a 32 bit binary number that 
uniquely identifies a cellular mobile transmitter to any cellular 
system.
    (a) Each mobile transmitter in service must have a unique ESN.
    (b) The ESN host component must be permanently attached to a main 
circuit board of the mobile transmitter and the integrity of the unit's 
operating software must not be alterable. The ESN must be isolated from 
fraudulent contact and tampering. If the ESN host component does not 
contain other information, that component must not be removable, and its 
electrical connections must not be accessible. If the ESN host component 
contains other information, the ESN must be encoded using one or more of 
the following techniques:
    (1) Multiplication or division by a polynomial;
    (2) Cyclic coding;
    (3) The spreading of ESN bits over various non-sequential memory 
locations.
    (c) The ESN must be factory set and must not be alterable, 
transferable, removable or otherwise able to be manipulated. Cellular 
mobile equipment must be designed such that any attempt to remove, 
tamper with, or change the ESN chip, its logic system, or firmware 
originally programmed by the manufacturer will render the mobile 
transmitter inoperative.



Sec. 22.921  911 Call Processing Procedures; 911-Only Calling Mode.

    All mobile phones manufactured after February 13, 2000, and capable 
of operating in an analog mode, i.e., in compliance with ``Cellular 
System Mobile Station--Land Station Compatibility Specification'' (April 
1981 Ed.) Office of Engineering and Technology Bulletin No. 53, 
referenced in Sec. 22.933 must incorporate a special procedure for 
processing ``9-1-1'' calls. Such procedure must recognize when a ``9-1-
1'' call is made and, at such time, must override any programming in the 
mobile unit that determines the handling of a non-911 call and permit 
the call to be handled by other analog carriers. This special procedure 
must incorporate any one or more of the 9-1-1 call system selection 
processes endorsed or approved by the Commission.

[64 FR 34568, June 28, 1999]



Sec. 22.923  Cellular system configuration.

    Mobile stations communicate with and through base transmitters only. 
Base transmitters communicate with mobile stations directly or through 
cellular repeaters. Auxiliary test stations may communicate with base or 
mobile stations for the purpose of testing equipment.



Sec. 22.925  Prohibition on airborne operation of cellular telephones.

    Cellular telephones installed in or carried aboard airplanes, 
balloons or any other type of aircraft must not be operated while such 
aircraft are airborne (not touching the ground). When any aircraft 
leaves the ground, all cellular telephones on board that aircraft must 
be turned off. The following notice must be posted on or near each 
cellular telephone installed in any aircraft:
    ``The use of cellular telephones while this aircraft is airborne is 
prohibited by FCC rules, and the violation of this rule could result in 
suspension of service and/or a fine. The use of cellular telephones 
while this aircraft is on the ground is subject to FAA regulations.''

[[Page 199]]



Sec. 22.927  Responsibility for mobile stations.

    Mobile stations that are subscribers in good standing to a cellular 
system, when receiving service from that cellular system, are considered 
to be operating under the authorization of that cellular system. 
Cellular system licensees are responsible for exercising effective 
operational control over mobile stations receiving service through their 
cellular systems. Mobile stations that are subscribers in good standing 
to a cellular system, while receiving service from a different cellular 
system, are considered to be operating under the authorization of such 
different system. The licensee of such different system is responsible, 
during such temporary period, for exercising effective operational 
control over such mobile stations as if they were subscribers to it.



Sec. 22.929  Application requirements for the Cellular Radiotelephone Service.

    In addition to information required by subparts B and D of this 
part, applications for authorization in the Cellular Radiotelephone 
Service contain required information as described in the instructions to 
the form. Site coordinates must be referenced to NAD83 and be correct to 
1 second.
    (a) Administrative information. The following information is 
required either by FCC Form 601, or as an exhibit:
    (1) Location description; city; county; state; geographical 
coordinates correct to  1 second, the datum used (NAD 83), 
site elevation above mean sea level, proximity to adjacent market 
boundaries and international borders;
    (2) Antenna height to tip above ground level, the height of the 
center of radiation of the antenna above the average terrain, the height 
of the antenna center of radiation above the average elevation of the 
terrain along each of the 8 cardinal radials, antenna gain in the 
maximum lobe, the beamwidth of the maximum lobe of the antenna, a polar 
plot of the horizontal gain pattern of the antenna, the electric field 
polarization of the wave emitted by the antenna when installed as 
proposed:
    (3) The channel block requested, the maximum effective radiated 
power, the effective radiated power in each of the cardinal radial 
directions.
    (b) If the application involves a service area boundary (SAB) 
extension (Sec. 22.912 of this chapter), the licensee must provide a 
statement as described in Sec. 22.953.
    (c) Maps. If the application proposes a change in the CGSA, it must 
include full size and reduced maps, and supporting engineering, as 
described in Sec. 22.953 (a)(1) through (a)(3).
    (d) Antenna Information. Upon request by an applicant, licensee, or 
the Commission, a cellular applicant or licensee of whom the request is 
made shall furnish the antenna type, model, and the name of the antenna 
manufacturer to the requesting party within ten (10) days of receiving 
written notification.

[63 FR 68951, Dec. 14, 1998, as amended at 64 FR 53241, Oct. 1, 1999]

    Effective Date Notes: 1. At 63 FR 68951, Dec. 14, 1998, Sec. 22.929 
was revised. This section contains information collection requirements 
and will not become effective until approval has been given by the 
Office of Management and Budget.
    2. At 64 FR 53241, Oct. 1, 1999, Sec. 22.929 was amended by adding 
paragraph (d). This paragraph contains information collection 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 22.933  Cellular system compatibility specification.

    Except as provided in Sec. 22.901(d), equipment used in the Cellular 
Radiotelephone Service must be designed in compliance with the technical 
specifications for compatibility of mobile and base stations in the 
Cellular Radiotelephone Service contained in ``Cellular System Mobile 
Station-Land Station Compatibility Specification'' (April 1981 Ed.), 
Office of Engineering and Technology Bulletin No. 53. This bulletin is 
contained in Appendix D to the Report and Order in CC Docket No. 79-318, 
and was published in the Federal Register of May 21, 1981. Copies may be 
obtained from the FCC's copying contractor. Special operational features 
that have been developed by joint industry consensus through the 
Telecommunications Industry Association

[[Page 200]]

(TIA) and established as a TIA standard may be activated at the option 
of the cellular licensee, provided that the compatibility of equipment 
within the Cellular Radiotelephone Service as specified in OET Bulletin 
No. 53 is not adversely affected.



Sec. 22.935  Procedures for comparative renewal proceedings.

    The procedures in this section apply to comparative renewal 
proceedings in the Cellular Radiotelephone Service.
    (a) If one or more of the applications competing with an application 
for renewal of a cellular authorization are filed, the renewal applicant 
must file with the Commission its original renewal expectancy showing 
electronically via the ULS. This filing must be submitted no later than 
60 days after the date of the Public Notice listing as acceptable for 
filing the renewal application and the competing applications.
    (b) Interested parties may file petitions to deny any of the 
mutually exclusive applications. Any such petitions to deny must be 
filed no later than 30 days after the date that the renewal applicant 
submitted its renewal expectancy showing. Applicants may file replies to 
any petitions to deny applications that are filed. Any such replies must 
be filed no later than 15 days after the date that the petition(s) to 
deny was filed. No further pleadings will be accepted.
    (c) In most instances, the renewal application and any competing 
applications will be designated for a two-step procedure. An 
Administrative Law Judge (Presiding Judge) will conduct a threshold 
hearing (step one), in which both the licensee and the competing 
applicants will be parties, to determine whether the renewal applicant 
deserves a renewal expectancy. If the order designating the applications 
for hearing specifies any basic qualifying issues against the licensee, 
those issues will be tried in this threshold hearing. If the Presiding 
Judge determines that the renewal applicant is basically qualified and 
due a renewal expectancy, the competing applicants will be found 
ineligible for further consideration and their applications will be 
denied. If the Presiding Judge determines that the renewal applicant 
does not merit a renewal expectancy but is otherwise qualified, then all 
of the applications will be considered in a comparative hearing (step 
two).
    (d) Any competing applicant may request a waiver of the threshold 
hearing (step one), if such applicant demonstrates that its proposal so 
far exceeds the service already being provided that there would be no 
purpose in making a threshold determination as to whether the renewal 
applicant deserved a renewal expectancy vis-a-vis such a competing 
applicant. Any such waiver request must be filed at the time the 
requestor's application is filed. Petitions opposing such waiver 
requests may be filed. Any such petitions must be filed no later than 30 
days after the date that the renewal applicant submitted its renewal 
expectancy showing. Replies to any petitions opposing such waiver 
requests may be filed. Any such replies must be filed no later than 15 
days after the date that the petition(s) were filed. No further 
pleadings will be accepted. Any waiver request submitted pursuant to 
this paragraph will be acted upon prior to designating the applications 
for hearing. If a request to waive the threshold hearing (step one) is 
granted, the renewal expectancy issue will be designated as part of the 
comparative hearing (step two), and will remain the most important 
comparative factor in deciding the case, as provided in Sec. 22.940(a).
    (e) If the Presiding Judge issues a ruling in the threshold (step 
one) that denies the licensee a renewal expectancy, all of the 
applicants involved in the proceeding will be allowed to file direct 
cases no later than 90 days after the release date of the Presiding 
Judge's ruling. Rebuttal cases must be filed no later than 30 days after 
the date that the direct cases were filed.
    (f) The Presiding Judge shall use the expedited hearing procedures 
delineated in this paragraph in both threshold (step one) and 
comparative (step two) hearings conducted in comparative cellular 
renewal proceedings.
    (1) The Presiding Judge will schedule a first hearing session as 
soon as practicable after the date for filing rebuttal evidence. This 
first session will be an evidentiary admission session at which

[[Page 201]]

each applicant will identify and offer its previously circulated direct 
and rebuttal exhibits, and each party will have an opportunity to lodge 
objections.
    (2) After accepting the exhibits into evidence, the Presiding Judge 
will entertain motions to cross-examine and rule whether any sponsoring 
witness needs to be produced for cross-examination.
    Determination of what, if any, cross-examination is necessary is 
within the sound judicial discretion of the Presiding Judge, the 
prevailing standard being whether the person requesting cross-
examination has persuasively demonstrated that written evidence is 
ineffectual to develop proof. If cross-examination is necessary, the 
Presiding Judge will specify a date for the appearance of all witnesses. 
In addition, if the designation order points out an area where 
additional underlying data is needed, the Presiding Judge will have the 
authority to permit the limited use of discovery procedures. Finally, 
the Presiding Judge may find that certain additional testimony or cross-
examination is needed to provide a complete record for the FCC. If so, 
the Presiding Judge may schedule a further session.
    (3) After the hearing record is closed, the Presiding Judge may 
request Proposed Findings of Fact and Conclusions of Law to be filed no 
later than 30 days after the final hearing session. Replies are not 
permitted except in unusual cases and then only with respect to the 
specific issues named by the Presiding Judge.
    (4) The Presiding Judge will then issue an Initial Decision, 
preferably within 60 days of receipt of the last pleadings. If mutually 
exclusive applications are before the Presiding Judge, the Presiding 
Judge will determine which applicant is best qualified. The Presiding 
Judge may also rank the applicants in order of merit if there are more 
than two.
    (5) Parties will have 30 days in which to file exceptions to the 
Initial Decision.

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 4172, Jan. 29, 1997; 63 
FR 68951, Dec. 14, 1998]



Sec. 22.936  Dismissal of applications in cellular renewal proceedings.

    Any applicant that has filed an application in the Cellular 
Radiotelephone Service that is mutually exclusive with an application 
for renewal of a cellular authorization (competing application), and 
seeks to resolve the mutual exclusivity by requesting dismissal of its 
application, must obtain the approval of the FCC.
    (a) If a competing applicant seeks to dismiss its application prior 
to the Initial Decision stage of the hearing on its application, it must 
submit to the Commission a request for approval of the dismissal of its 
application. This request for approval of the dismissal of its 
application must be submitted and must also include a copy of any 
agreement related to the withdrawal or dismissal, and an affidavit 
setting forth:
    (1) A certification that neither the petitioner nor its principals 
has received or will receive any money or other consideration in excess 
of legitimate and prudent expenses in exchange for the withdrawal or 
dismissal of the application, except that this provision does not apply 
to dismissal or withdrawal of applications pursuant to bona fide merger 
agreements;
    (2) The exact nature and amount of any consideration received or 
promised;
    (3) An itemized accounting of the expenses for which it seeks 
reimbursement; and
    (4) The terms of any oral agreement related to the withdrawal or 
dismissal of the application.
    (b) In addition, within 5 days of the filing date of the applicant 
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; and
    (2) The terms of any oral agreement relating to the withdrawal or 
dismissal of the application.
    (c) For the purposes of this section:

[[Page 202]]

    (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 are deemed to be pending before the FCC from the 
time the application is filed with the FCC until such time as an order 
of the FCC granting, denying or dismissing the application 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 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.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68951, Dec. 14, 1998]



Sec. 22.937  Demonstration of financial qualifications.

    Except as provided in paragraphs (g) and (h) of this section, each 
applicant for a new cellular system must demonstrate that it has, at the 
time the application is filed, either a separate market-specific firm 
financial commitment or available financial resources sufficient to 
construct and operate for one year the proposed cellular system. Each 
application of reassignment of license or consent to transfer of control 
must demonstrate the financial ability of the proposed assignee or 
transferee to acquire and operate the facilities.
    (a) Estimated costs. The demonstration required by this section must 
include a realistic and prudent estimate of the costs of construction, 
operating and other initial expenses for one year.
    (b) Source of financing. The firm financial commitment must be 
obtained from a state or federally chartered bank or savings and loan 
association, another recognized financial institution, or the financial 
arm of a capital equipment supplier. The firm financial commitment may 
be contingent upon the applicant's obtaining an authorization.
    (c) Lender's statement. The firm financial commitment must contain a 
statement that:
    (1) The lender has examined the financial condition of the 
applicant, including audited financial statements if applicable, and has 
determined that the applicant is creditworthy;
    (2) The lender has examined the financial viability of each proposal 
for which the applicant intends to use the commitment;
    (3) The lender is committed to providing a sum certain to the 
particular applicant;
    (4) The lender's willingness to enter into the commitment is based 
solely on its relationship with the applicant; and,
    (5) The commitment is not in any way guaranteed by any entity other 
than the applicant.
    (d) Showings of financial resources. Applicants relying upon 
personal or internal financial resources must submit the following:
    (1) Audited financial statements, certified within one year of the 
date of the cellular application, that show the availability of 
sufficient net current assets to construct and operate for one year the 
proposed cellular system;
    (2) A balance sheet current within 60 days of the date of filing 
that shows the continued availability of sufficient net current assets 
to construct and operate for one year the proposed cellular system; and,
    (3) A certification by the applicant or an officer of the applicant 
organization attesting to the validity of the unaudited balance sheet.
    (e) Parent corporation financing. Applicants relying upon financing 
obtained from parent corporations must submit the showings listed in 
paragraph (d) of this section as the information pertains to the parent 
corporation.
    (f) Notice upon default. In addition to the disclosures required by 
paragraph (c) of this section, any loan or other credit arrangement 
providing for a chattel mortgage or secured interest in any proposed 
cellular system must include a provision for a minimum of ten

[[Page 203]]

(10) days prior written notification to the licensee, and to the FCC, 
before any such equipment may be repossessed under default provision of 
the agreement.
    (g) Competing applications in cellular renewal proceedings. Initial 
cellular applications that are competing against a cellular renewal 
application are subject to the rules in this paragraph instead of the 
rules in paragraphs (a) through (f) of this section.
    (1) Any applicant filing a competing application against a cellular 
renewal application must demonstrate, at the time it files its 
application, that it has either:
    (i) A firm financial commitment, an irrevocable letter of credit or 
performance bond in the amount of its realistic and prudent estimated 
costs of construction and any other expenses to be incurred during the 
first year of operating its proposed system (the irrevocable letter of 
credit or performance bond must be from the type of financial 
institution described in paragraph (g)(3) of this section); or,
    (ii) Available resources, as defined in paragraph (g)(4) of this 
section, necessary to construct and operate its proposed cellular system 
for one year.
    (2) The firm financial commitment may be contingent on the applicant 
obtaining an authorization. The applicant must also list all of its 
realistic and prudent estimated costs of construction and any other 
expenses to be incurred during the first year of operating its proposed 
system.
    (3) The firm financial commitment required above shall be obtained 
from a state or federally chartered bank or savings and loan 
association, another recognized financial institution, or the financial 
arm of a capital equipment supplier; shall specify the terms of the loan 
or other form of credit arrangement, including the amount to be 
borrowed, the interest to be paid, the amount of the commitment fee and 
the fact that it has been paid, the terms of repayment and any 
collateral required; and shall contain a statement:
    (i) That the lender has examined the financial conditions of the 
applicant, including audited financial statements where applicable, and 
has determined that the applicant is creditworthy;
    (ii) That the lender has examined the financial viability of the 
proposal for which the applicant intends to use the commitment;
    (iii) That the lender is committed to providing a sum certain to the 
particular applicant;
    (iv) That the lender's willingness to enter into the commitment is 
based solely on its relationship with the applicant; and,
    (v) That the commitment is not in any way guaranteed by an entity 
other than the applicant.
    (4) Applicants intended to rely on personal or internal resources 
must submit:
    (i) Audited financial statements certified within one year of the 
date of the cellular application, indicating the availability of 
sufficient net current assets to construct and operate the proposed 
cellular system for one year;
    (ii) A balance sheet current within 60 days of the date of filing 
its application that clearly shows the continued availability of 
sufficient net current assets to construct and operate the proposed 
cellular system for one year; and,
    (iii) A certification by the applicant or an officer of the 
applicant organization attesting to the validity of the unaudited 
balance sheet.
    (5) Applicant intending to rely upon financing obtained through a 
parent corporation must submit the information required by paragraph 
(g)(4) of this section, as the information pertains to the parent 
corporation.
    (6) As an alternative to relying upon a firm financial commitment, 
an irrevocable letter of credit, or a performance bond from a financial 
institution as described in paragraph (g)(3) of this section, an 
applicant may state that it has placed in an escrow account sufficient 
cash to meet its construction and first-year operating expenses. Such a 
statement must specify the amount of cash, the escrow account number and 
the financial institution where the escrow account is located.
    (7) Any competing application filed against the renewal application 
of an incumbent cellular licensee that does not demonstrate, at the time 
it is initially filed, that the competing applicant has sufficient funds 
to construct

[[Page 204]]

and operate for one year its proposed cellular system will be dismissed.
    (h) Exemptions. Any licensee applying for an unserved area adjacent 
to its existing cellular system, to integrate such area into the 
existing system, is exempt from the financial demonstration requirements 
of this section. In addition, modification applications and pro forma 
assignment and transfer of control applications are exempt from the 
financial demonstration requirements of this section.



Sec. 22.939  Site availability requirements for applications competing with cellular renewal applications.

    In addition to the other requirements set forth in this part for 
initial cellular applications, any application competing against a 
cellular renewal application must contain, when initially filed, 
appropriate documentation demonstrating that its proposed antenna 
site(s) will be available. Competing applications that do not include 
such documentation will be dismissed. If the competing applicant does 
not own a particular site, it must, at a minimum demonstrate that the 
site is available to it by providing a letter from the owner of the 
proposed antenna site expressing the owner's intent to sell or lease the 
proposed site to the applicant. If any proposed antenna site is under 
U.S. Government control, the applicant must submit written confirmation 
of the site's availability from the appropriate Government agency. 
Applicants which file competing applications against incumbent cellular 
licensees may not rely on the assumption that an incumbent licensee's 
antenna sites are available for their use.



Sec. 22.940  Criteria for comparative cellular renewal proceedings.

    This section sets forth criteria to be used in comparative cellular 
renewal proceedings. The ultimate issue in comparative renewal 
proceedings will be to determine, in light of the evidence adduced in 
the proceeding, what disposition of the applications would best serve 
the public interest, convenience and necessity.
    (a) Renewal expectancies. The most important comparative factor to 
be considered in a comparative cellular renewal proceeding is a major 
preference, commonly referred to as a ``renewal expectancy.''
    (1) The cellular renewal applicant involved in a comparative renewal 
proceeding will receive a renewal expectancy, if its past record for the 
relevant license period demonstrates that:
    (i) The renewal applicant has provided ``substantial'' service 
during its past license term. ``Substantial'' service is defined as 
service which is sound, favorable, and substantially above a level of 
mediocre service which just might minimally warrant renewal; and
    (ii) The renewal applicant has substantially compiled with 
applicable FCC rules, policies and the Communications Act of 1934, as 
amended.
    (2) In order to establish its right to a renewal expectancy, a 
cellular renewal applicant involved in a comparative renewal proceeding 
must submit a showing explaining why it should receive a renewal 
expectancy. At a minimum, this showing must include.
    (i) A description of its current service in terms of geographic 
coverage and population served, as well as the system's ability to 
accommodate the needs of roamers;
    (ii) An explanation of its record of expansion, including a 
timetable of the construction of new cell sites to meet changes in 
demand for cellular service;
    (iii) A description of its investments in its cellular system; and
    (iv) Copies of all FCC orders finding the licensee to have violated 
the Communications Act or any FCC rule or policy; and a list of any 
pending proceedings that relate to any matter described in this 
paragraph.
    (3) In making its showing of entitlement to a renewal expectancy, a 
renewal applicant may claim credit for any system modification 
applications that were pending on the date it filed its renewal 
application. Such credit will not be allowed if the modification 
application is dismissed or denied.
    (b) Additional comparative issues. The following additional 
comparative issues will be included in comparative cellular renewal 
proceedings, if a full comparative hearing is conducted pursuant to 
Sec. 22.935(c).

[[Page 205]]

    (1) To determine on a comparative basis the geographic areas and 
population that each applicant proposes to serve; to determine and 
compare the relative demand for the services proposed in said areas; and 
to determine and compare the ability of each applicant's cellular system 
to accommodate the anticipated demand for both local and roamer service;
    (2) To determine on a comparative basis each applicant's proposal 
for expanding its system capacity in a coordinated manner in order to 
meet anticipated increasing demand for both local and roamer service;
    (3) To determine on a comparative basis the nature and extent of the 
service proposed by each applicant, including each applicant's proposed 
rates, charges, maintenance, personnel, practices, classifications, 
regulations and facilities (including switching capabilities); and
    (4) To determine on a comparative basis each applicant's past 
performance in the cellular industry or another business of comparable 
type and size.
    (c) Additional showings for competing applications. With respect to 
evidence introduced pursuant to paragraph (b)(3) of this section, any 
applicant filing a competing application against a cellular renewal 
application (competing applicant) who claims a preference for offering 
any service not currently offered by the incumbent licensee must 
demonstrate that there is demand for that new service and also present a 
business plan showing that the competing applicant can operate the 
system economically. Any competing applicant who proposes to replace 
analog technology with digital technology will receive no credit for its 
proposal unless it submits a business plan showing how it will operate 
its system economically and how it will provide more comprehensive 
service than does the incumbent licensee with existing and implemented 
cellular technology.



Sec. 22.941  System identification numbers.

    System identification numbers (SIDs) are 15 bit binary numbers 
assigned to cellular systems. SIDs are transmitted by the cellular 
systems so that cellular mobile stations can determine whether the 
system through which they are communicating is a system to which they 
subscribe, or whether they are considered by the system to be roamers.
    (a) The FCC assigns one SID to each cellular system on its initial 
authorization. Cellular systems may transmit only their assigned SID(s) 
and/or the SIDs assigned to other cellular systems. A cellular system 
may transmit the SID assigned to another cellular system only if the 
licensee of that system concurs with such use of its assigned SID.
    (b) Licensees must notify the Commission using FCC Form 601, if 
their cellular systems transmit SIDs assigned to other cellular systems. 
The notification must indicate the concurrence of the licensee(s) of 
such other systems with this use of their assigned SID(s). The 
notification must be mailed or delivered to the filing place (see 
Sec. 22.106) no later than 15 days after the system begins transmitting 
the SID(s).
    (c) Licensees may request that an additional (previously unassigned) 
SID be assigned to their system by filing an application for minor 
modification of station on FCC Form 601.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68951, Dec. 14, 1998]



Sec. 22.942   Limitations on interests in licensees for both channel blocks in an area.

    (a) Controlling interests. A licensee, an individual or entity that 
owns a controlling or otherwise attributable interest in a licensee, or 
an individual or entity that actually controls a licensee for one 
channel block in a CGSA may have an direct or indirect ownership 
interest of 5 percent or less in the licensee, an individual or entity 
that owns a controlling or otherwise attributable interest in a 
licensee, or an individual or entity that actually controls a licensee 
for the other channel block in an overlapping CGSA.
    (b) Non-controlling interests. A direct or indirect non-attributable 
interest in both systems is excluded from the general rule prohibiting 
multiple ownership interests.

[[Page 206]]

    (c) Divestiture. Divestiture of interests as a result of a transfer 
of control or assignment of authorization must occur prior to 
consummating the transfer or assignment.
    (d) Ownership attribution. For purposes of paragraphs (a) and (b) of 
this section, ownership and other interests cellular 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 cellular licensee shall be attributed.
    (3) 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.
    (4) 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 unless and until 
converted.
    (5) 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.
    (6) Officers and directors of a cellular 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 cellular licensee shall be considered to have an attributable 
interest in the cellular licensee.
    (7) 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. (For example, if A owns 20% of B, and B owns 40% of 
licensee C, then A's interest in licensee C would be 8%. If A owns 20% 
of B, and B owns 51% of licensee C, then A's interest in licensee C 
would be 20% because B's ownership of C exceeds 50%.)
    (8) Any person who manages the operations of a cellular 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.
    (9) Any licensee or its affiliate who enters into a joint marketing 
arrangements with a cellular, 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.

[64 FR 54576, Oct. 7, 1999]



Sec. 22.943  Limitations on assignments and transfers of cellular authorizations.

    The following limitations apply to applications for consent to 
transfer of control or assignment of authorizations in the Cellular 
Radiotelephone Service.
    (a) Trafficking. Applications for consent to transfer of control or 
assignment of authorization in the Cellular Radiotelephone Service are 
subject to the provisions of Sec. 22.139, except for:
    (1) Applications reflecting the trading of an ownership interest in 
an authorized but unconstructed cellular

[[Page 207]]

system in one market for a commensurate interest in a cellular system in 
another market; and,
    (2) Applications for consent to transfer of control or assignment of 
a cellular authorization obtained by random selection, after 
commencement of service.
    (b) Unserved area systems. Except as otherwise provided in paragraph 
(b)(2) of this section, the FCC does not accept applications for consent 
to transfer of control or assignment of the authorization of a cellular 
system licensed to serve an unserved area until the system has provided 
service to subscribers for at least one year.
    (1) Licensees must not enter into any agreement (e.g. option 
agreement or management contract) to transfer control of the licensee of 
the system until the system has provided service to subscribers for one 
year.
    (2) The FCC may accept that grant applications for consent to 
transfer of control or for assignment of authorization if the transfer 
or assignment is pro forma and does not involve a change in ownership.
    (3) An applicant seeking approval for a transfer of control or 
assignment (otherwise permitted under the Commission's Rules, 47 CFR 
chapter I) of a license within three years of receiving a new license 
through a competitive bidding procedure must, together with its 
application for transfer of control or assignment, file with the 
Commission a statement indicating that its license was obtained through 
competitive bidding. Such applicant must also file with the Commission 
the other documents and information set forth in Sec. 1.2111 of this 
chapter.
    (c) Systems authorized as result of comparative renewal proceeding. 
Except as otherwise provided in paragraphs (c)(1), (c)(2) and (c)(3) of 
this section, the FCC does not accept applications for consent to 
transfer of control or for assignment of the authorization of a cellular 
system that has been acquired by the current licensee for the first time 
as a result of a comparative renewal proceeding until the system has 
provided service to subscribers for at least three years.
    (1) The FCC may accept and grant applications for consent to 
transfer of control or for assignment of the authorization of a cellular 
system that is to be transferred as a part of a bona fide sale of an on-
going business to which the cellular operation is incidental.
    (2) The FCC may accept and grant applications for consent to 
transfer of control or for assignment of the authorization of a cellular 
system that is to be transferred as a result of the death of the 
licensee.
    (3) The FCC may accept and grant applications for consent to 
transfer of control or for assignment of authorization if the transfer 
or assignment is pro forma and does not involve a change in ownership.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 58339, Nov. 14, 1996]



Sec. 22.945  Interests in multiple applications.

    This section governs interests in applicants with mutually exclusive 
applications for a new cellular system. For the purposes of this 
section, ``interest in an application'' means interest in the applicant.
    (a) General. Except as otherwise provided in this section, parties 
must not have any interest, direct or indirect, in more than one 
application for authority to operate a new cellular system in the same 
cellular market.
    (b) Abutting CGSAs. Licensees of existing systems whose cellular 
geographic service area (CGSA) abuts a proposed CGSA may each file one 
application that is mutually exclusive with the applications of other 
such licensees, even though they share common owners, provided that such 
licensees do not thereby acquire a simultaneous interest in applications 
for both channel blocks in any geographical area.
    (c) Publicly traded corporate applicants. Parties must not have any 
interest, direct or indirect, in more than one mutually exclusive 
initial application for which the applicant is a publicly traded 
corporation, except that ownership interests of less than 5% are not 
considered. Ownership and other interests in applicants are attributed 
to their holder and deemed cognizable as set forth below.

[[Page 208]]

    (1) Passive investors. Investment companies, as defined in 15 U.S.C. 
80a-3, insurance companies and banks holding stock through their trust 
departments in trust accounts are deemed to have a cognizable interest 
in a publicly traded cellular applicant only if they hold 10% or more of 
the stock of the applicant. This provision applies only if an applicant 
in which such parties hold an interest certifies in its application that 
no such party has exerted or attempted to exert any influence or control 
over the officers of the applicant.
    (2) Multiplier. Attribution of ownership interests in a publicly 
traded cellular applicant 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 wherever the ownership 
percentage for any link in the chain exceeds 50 percent, it is not 
included in the multiplication.



Sec. 22.946  Service commencement and construction periods for cellular systems.

    (a) Commencement of service. New cellular systems must be at least 
partially constructed and begin providing cellular service to 
subscribers within the service commencement periods specified in Table 
H-1 of this section. Service commencement periods begin on the date of 
grant of the initial authorization, and are not extended by the grant of 
subsequent authorizations for the cellular system (such as for major 
modifications). The licensee must notify the FCC (FCC Form 601) after 
the requirements of this section are met (see Sec. 1.946 of this 
chapter).
    (b) To satisfy the requirement of paragraph (a) of this section, a 
cellular system must be interconnected with the public switched 
telephone network (PSTN) and must be providing service to mobile 
stations operated by its subscribers and roamers. A cellular system is 
not considered to be providing service to subscribers if mobile stations 
can not make telephone calls to landline telephones and receive 
telephone calls from landline telephones through the PSTN, or if the 
system intentionally serves only roamer stations.
    (1) [Reserved]
    (2) The licensee must notify the FCC (FCC Form 489) no later than 15 
days after the requirements of paragraph (a) of this section are met.
    (b) Construction period for specific facilities. The construction 
period applicable to specific new or modified cellular facilities for 
which an authorization has been granted is one year from the date the 
authorization is granted. Failure to comply with this requirement 
results in termination of the authorization for the specific new or 
modified facility, pursuant to Sec. 22.144(b).

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68951, Dec. 14, 1998; 
64 FR 53241, Oct. 1, 1999]



Sec. 22.947  Five year build-out period.

    The licensee of the first cellular system authorized on each channel 
block in each cellular market is afforded a five year period, beginning 
on the date the initial authorization for the system is granted, during 
which it may expand the system within that market.
    (a) Exclusive right to expand within market. Except as provided in 
paragraph (b) of this section, the FCC does not accept applications for 
authority to operate a new cellular system in any unserved area in a 
market on a channel block during the five year build-out period.
    (b) Partitioned markets. During the five-year build-out period, the 
licensee of the first cellular system on each channel block in each 
market may enter into contracts with eligible parties, allowing such 
parties to apply by using FCC Form 601 for a new cellular system in that 
channel block within the market. The FCC may grant such applications if 
they are in compliance with the rules in this part. Markets with two or 
more authorized cellular systems on the same channel block during the 
five year build-out period are referred to (with respect to the affected 
channel block) as ``partitioned markets''.
    (1) Partitioning contracts must define the CGSA of the subsequent 
cellular system in accordance with

[[Page 209]]

Sec. 22.911, including any expansion rights ceded. If not exercised, any 
such expansion rights terminate at the end of the five year build-out 
period.
    (2) The five year build-out period begins on the date the initial 
authorization for the first cellular system is granted, and is not 
extended or affected in any way by the initial authorization of any 
subsequent cellular systems pursuant to paragraph (b) of this section.
    (c) System information update. Sixty days before the end of the five 
year build-out period, the licensee of each cellular system authorized 
on each channel block in each cellular market must file, in triplicate, 
a system information update (SIU), comprising a full size map, a reduced 
map, and an exhibit showing technical data relevant to determination of 
the system's CGSA. Separate maps must be submitted for each market into 
which the CGSA extends, showing the extension area in the adjacent 
market. Maps showing extension areas must be labeled (i.e. marked with 
the market number and channel block) for the market into which the CGSA 
extends. SIUs must accurately depict the relevant cell locations and 
coverage of the system at the end of the five year build-out period. 
SIUs must be filed at the Mobile Services Division, Common Carrier 
Bureau, Federal Communications Commission, Washington, DC 20554. If any 
changes to the system occur after the filing of the SIU, but before the 
end of the five year build-out period, the licensee must file, in 
triplicate, additional maps and/or data as necessary to insure that the 
cell locations and coverage of the system as of the end of the five year 
build-out period are accurately depicted.
    (1) The scale of the full-size map must be 1:500,000, regardless of 
whether any different scale is used for the reduced map. The map must 
have a legend, a distance scale and correctly labeled latitude and 
longitude lines. The map must be clear and legible. The map must 
accurately show the cell sites (transmitting antenna locations) which 
determine the CGSA, the entire CGSA, any extension of the composite 
service are boundary beyond the CGSA (see Sec. 22.911) and the relevant 
portions of the cellular market boundary. The date on which the map 
depictions are accurate must appear on the map.
    (2) The reduced map must be a proportional reduction, to 8\1/2\ x 11 
inches, of the full-size map required in paragraph (c)(1) of this 
section, unless it proves to be impractical to depict the entire market 
by reducing the full-size map. In such instance, an 8\1/2\ x 11 inch map 
of a different scale may be substituted, provided that the required 
features of the full-size map are clearly depicted and labeled.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68951, Dec. 14, 1998]



Sec. 22.948  Partitioning and Disaggregation.

    (a) Eligibility. (1) Generally. Parties seeking approval for 
partitioning and disaggregation shall request an authorization for 
partial assignment of a license pursuant to Sec. 1.948 of this chapter. 
Cellular licensees may partition or disaggregate their spectrum to other 
qualified entities.
    (2) Partitioning. During the five year build-out period, as defined 
in Sec. 22.947, cellular licensees may partition any portion of their 
cellular market to other qualified entities. After the five year build-
out period, cellular licensees and unserved area licensees may partition 
any portion of their Cellular Geographic Service Area (CGSA), as defined 
by Sec. 22.911, to other qualified entities but may not partition 
unserved portions of their cellular market.
    (3) Disaggregation. After the five year build-out period, as defined 
in Sec. 22.947, parties obtaining disaggregated spectrum may only use 
such spectrum in that portion of the cellular market encompassed by the 
original licensee's CGSA and may not use such spectrum to provide 
service to unserved portions of the cellular market.
    (b) Disaggregation. Cellular licensees and unserved area licensees 
may disaggregate spectrum in any amount.
    (c) Combined partitioning and disaggregation. The Commission will 
consider requests for partial assignment of cellular licenses that 
propose combinations of partitioning and disaggregation.
    (d) License Term. The license term for the partitioned license area 
and for

[[Page 210]]

disaggregated spectrum shall be the remainder of the original cellular 
licensee's or the unserved area licensee's license term provided for in 
Sec. 22.144(a).

[65 FR 37057, June 13, 2000]



Sec. 22.949  Unserved area licensing process.

    This section sets forth the process for licensing unserved areas in 
cellular markets on channel blocks for which the five year build-out 
period has expired. This process has two phases: Phase I and Phase II.
    (a) Phase I. Phase I is a one-time process that provides an 
opportunity for eligible parties to file competing applications for 
authority to operate a new cellular system in or to expand an existing 
cellular system into unserved areas (Phase I initial applications) as 
soon as these areas become available. In addition, each licensee whose 
Phase I initial application is granted is afforded one opportunity 
during the Phase I process to file an application proposing major 
modifications to the cellular system authorized by that grant (a Phase I 
major modification application), without being subject to competing 
applications.
    (1) Phase I initial applications must be filed on the 31st day after 
the expiration of the five year build-out period of the authorized 
system(s) on the channel block requested in the market containing the 
unserved area.
    (i) Each Phase I application must request authorization for one and 
only one cellular geographic service area (CGSA) in one and only one 
cellular market.
    (ii) Applicants must not file more than one Phase I initial 
application for any cellular market.
    (iii) Phase I initial applications must not propose any de minimis 
or contract service area boundary (SAB) extensions.
    (2) Only one Phase I initial application is granted on each channel 
block in each market. Consequently, whenever two or more acceptable 
Phase I initial applications are timely filed in the same market on the 
same channel block, such Phase I initial applications are mutually 
exclusive, regardless of any other considerations such as the technical 
proposals. In order to determine which of such mutually exclusive Phase 
I initial applications to grant, the Commission administers competitive 
bidding procedures in accordance with subpart Q of part 1 of this 
chapter. After such procedures, the application of the winning bidder 
may be granted and the applications excluded by that grant may be 
dismissed without prejudice.

    Note: Notwithstanding the provisions of Sec. 22.949(a)(2), mutually 
exclusive Phase I initial applications that were filed between March 10, 
1993 and July 25, 1993, inclusive, are to be included in a random 
selection process, following which the selected application may be 
granted and the applications excluded by that grant may be dismissed 
without prejudice.

    (3) Phase I major modification applications (applications filed 
during Phase I that propose major modifications to cellular systems 
authorized by the grant of Phase I initial applications) must be filed 
no later than 90 days after the grant of the Phase I initial 
application. Each Phase I licensee may file only one Phase I major 
modification application. The FCC will not accept any competing 
applications in response to a Phase I major modification application. 
Phase I licensees may not sell to a third party any rights to apply for 
unserved area.
    (i) Phase I major modification applications may propose de minimis 
or contract SAB extensions; provided that a contract SAB extension into 
an adjacent market may be proposed only if, at the time the Phase I 
major modification application is filed, the licensee in the adjacent 
market (on the requested channel block) has the right to enter into such 
a contract (see Sec. 22.912(c)).
    (ii) Phase I major modification application may propose a CGSA that 
is not contiguous with the authorized or proposed CGSA, provided that 
the non-contiguous CGSA meets the minimum coverage requirement of 
Sec. 22.951.
    (4) Phase I licensees may also file applications for or 
notifications of minor modifications to its system. However, such minor 
modifications may not reduce the size of the CGSA below the minimum 
coverage requirement of Sec. 22.951.

[[Page 211]]

    (b) Phase II. Phase II is an on-going filing process that allows 
eligible parties to apply for any unserved areas that may remain in a 
market after the Phase I process is complete.
    (1) If a Phase I initial application is granted for a market and 
channel block, Phase II applications (applications for authority to 
operate a cellular system in any remaining unserved area) for that 
market and channel block may be filed on or after the 121st day after 
the Phase I application was granted. If no Phase I initial applications 
are granted for a market and channel block, Phase II applications for 
that market and channel block may be filed on or after the 31st day 
after the FCC dismissed the last pending Phase I application. If no 
Phase I initial applications are received for a market and channel 
block, Phase II applications for that market and channel block may be 
filed on or after the 32nd day after the expiration of the relevant 
five-year build-out period.
    (2) There is no limit to the number of Phase II applications that 
may be granted on each channel block in each market. Consequently, Phase 
II applications are mutually exclusive only if the proposed CGSAs would 
overlap. Mutually exclusive applications are processed using the general 
procedures in Sec. 22.131.
    (3) Phase II applications may propose a CGSA covering more than one 
cellular market. Each Phase II application must request authorization 
for one and only one CGSA. Phase II applications may propose de minimis 
and contract SAB extensions.
    (c) Settlements among some, but not all, applicants with mutually 
exclusive applications for unserved areas (partial settlements) are 
prohibited. Settlements among all applicants with mutually exclusive 
applications (full settlements) are allowed and must be filed no later 
than the date that the FCC Form 175 (short-form) is filed.
    (d) Limitations on amendments. Notwithstanding the provisions of 
Sec. 22.122, Phase I applications are subject to the following 
additional limitations in regard to the filing of amendments.
    (1) The Commission will not accept amendments (of any type) to 
mutually exclusive Phase I applications prior to the conclusion of the 
competitive bidding process.
    (2) The FCC will not accept major amendments to Phase I 
applications.
    (3) Minor amendments required by Sec. 1.65 of this chapter must be 
filed no later than thirty (30) days after public notice announcing the 
results of the competitive bidding process.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59956, Nov. 21, 1994; 
61 FR 58339, Nov. 14, 1996]



Sec. 22.951  Minimum coverage requirement.

    Applications for authority to operate a new cellular system in an 
unserved area, other than those filed by the licensee of an existing 
system that abuts the unserved area, must propose a contiguous cellular 
geographical service area (CGSA) of at least 130 square kilometers (50 
square miles). Area within contract SAB extensions counts toward the 
minimum coverage requirement. However, area within de minimis SAB 
extensions does not count toward the minimum coverage requirement. 
Applications for authority to operate a new cellular system in an 
unserved area, other than those filed by the licensee of an existing 
system that abuts the unserved area, must not propose coverage of water 
areas only (or water areas and uninhabited islands or reefs only), 
except for unserved areas in the Gulf of Mexico MSA.



Sec. 22.953  Content and form of applications.

    Applications for authority to operate a cellular system in an 
unserved area must comply with the specifications in this section.
    (a) Applications for authority to operate a cellular system in an 
unserved area must include the following information in addition to the 
requirements specified in Secs. 1.919, 1.923 and 1.924. The following 
exhibits must be set off by tabs and numbered as follows:
    (1) Exhibit I--full-size map. The scale of the full-size map must be 
1:500,000, regardless of whether any different scale is used for the 
reduced map required in Exhibit II. The map must have a legend, a 
distance scale and correctly labeled latitude and longitude

[[Page 212]]

lines. The map must be clear and legible. The map must accurately show 
the cell sites (transmitting antenna locations), the entire CGSA, any 
extension of the composite service area boundary beyond the CGSA (see 
Sec. 22.911) and the relevant portions of the cellular market boundary.
    (2) Exhibit II--reduced map. This map must be a proportional 
reduction, to 8\1/2\  x  11 inches, of the full-size map required for 
Exhibit I, unless it proves to be impractical to depict the entire 
cellular market by reducing the full-size map. In such instance, an 8\1/
2\ x 11 inch map of a different scale may be substituted, provided that 
the required features of the full-size map are clearly depicted and 
labeled.
    (3) Exhibit III--engineering. This exhibit must contain the data and 
methodology used to calculate the CGSA and service area boundary.
    (4) Exhibit IV--channel plan. This exhibit must show which specific 
channels (or groups) are to be used at each cell site. Any necessary 
table for converting channel numbers to center frequencies must be 
provided.
    (5) [Reserved]
    (6) Exhibit VI--service proposal. This exhibit must describe the 
services proposed for subscribers and roamers, including the proposed 
method for handling complaints.
    (7) Exhibit VII--cellular design. This exhibit must show that the 
proposed system design complies with cellular system design concepts, 
and must describe the method proposed to expand the system in a 
coordinated fashion as necessary to address changing demand for cellular 
service.
    (8) Exhibit VIII--blocking level. This exhibit must disclose the 
blocking probability or other criteria to be used to determine whether 
it is necessary to take measures to increase system capacity to maintain 
service quality.
    (9) Exhibit IX--start-up expenses. This exhibit must disclose in 
detail the projected cost of construction and other initial expenses of 
the proposed system, and how the applicant intends to meet these 
expenses and the costs of operation for the first year.
    (10) Exhibit X--interconnection arrangements. This exhibit is 
required for applicants that provide public landline message telephone 
service in any portion of the proposed CGSA. This exhibit must describe 
exactly how the proposed system would interconnect with the landline 
network. The description must be of sufficient detail to enable a 
competitor to connect with the landline system in exactly the same 
manner, if the competitor so chooses.
    (b) Existing systems--major modifications. Licensees making major 
modifications pursuant to Sec. 1.929(h) must file FCC Form 601 and need 
only contain the exhibits required by paragraphs (a)(1) through (a)(3) 
of this section.
    (c) Existing systems--minor modifications. Licensees making minor 
modifications pursuant to Sec. 1.929(h)--in which the modification 
causes a change in the CGSA boundary (including the removal of a 
transmitter or transmitters)--must notify the FCC (using FCC Form 601) 
and include full-sized maps, reduced maps, and supporting engineering 
exhibits as described in paragraphs (a)(1)-(3) of this section. If the 
modification involves a contract SAB extension, it must include a 
statement as to whether the five-year build-out for the system on the 
relevant channel block in the market into which the SAB extends has 
elapsed, and as to whether the SAB extends into any unserved area in 
that market.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68951, Dec. 14, 1998; 64 FR 53241, Oct. 1, 1999]



Sec. 22.955  Canadian condition.

    Pursuant to an agreement between the FCC and the Department of 
Communications in Canada, authorizations for cellular systems within 72 
kilometers (45 miles) of the U.S.-Canadian border must have the 
following condition attached:

    This authorization is subject to the condition that, in the event 
that cellular systems using the same channel block as granted herein are 
authorized in adjacent territory in Canada, coordination of any of your 
transmitter installations which are within 72 kilometers (45 miles) of 
the U.S.-Canadian border shall be required to eliminate any harmful 
interference that might otherwise exist and to insure continuance of 
equal access to the channel block by both countries.

[[Page 213]]



Sec. 22.957  Mexican condition.

    Pursuant to an agreement between the United States and Mexico, FCC 
authorizations for cellular systems within 72 kilometers (45 miles) of 
the United States-Mexican border must have the following condition 
attached:

    This authorization is subject to the condition that, in the event 
cellular systems using the same frequencies granted herein are 
authorized in adjacent territory in Mexico, coordination of your 
transmitter installations which are within 72 kilometers (45 miles) of 
the United States-Mexico border shall be required to eliminate any 
harmful interference that might otherwise exist and to ensure 
continuance of equal access to the frequencies by both countries. The 
operator of this system shall not contract with customers in Mexico, and 
further, users of the system must be advised that operation of a mobile 
unit in Mexico is not permitted at this time without the express 
permission of the Mexican government. The above conditions are subject 
to modification pending further notice from the FCC.



Sec. 22.959  Rules governing processing of applications for initial systems.

    Pending applications for authority to operate the first cellular 
system on a channel block in an MSA or RSA market continue to be 
processed under the rules governing the processing of such applications 
that were in effect when those applications were filed, unless the 
Commission determines otherwise in a particular case.



Sec. 22.960  Cellular unserved area radiotelephone licenses subject to competitive bidding.

    Mutually exclusive initial applications for cellular unserved area 
Phase I and Phase II licenses filed after July 26, 1993, are subject to 
competitive bidding procedures. The general competitive bidding 
procedures found in part 1, subpart Q, of this chapter will apply unless 
otherwise provided in this part.

[61 FR 58339, Nov. 14, 1996]



Sec. 22.961  Competitive bidding design for cellular unserved area radiotelephone licensing.

    The Commission will employ a simultaneous multiple round auction 
design when choosing from among mutually exclusive initial applications 
to provide cellular unserved area radiotelephone service, unless 
otherwise specified by the Wireless Telecommunications Bureau before the 
auction.

[61 FR 58339, Nov. 14, 1996]



Sec. 22.962  Competitive bidding mechanisms.

    (a) Grouping. All cellular unserved area Phase I and Phase II 
licenses will be auctioned simultaneously, unless the Wireless 
Telecommunications Bureau announces, by Public Notice prior to the 
auction, an alternative auction scheme.
    (b) Minimum bid increments. The Wireless Telecommunications Bureau 
will, by announcement before or during an auction, require minimum bid 
increments in dollar or percentage terms.
    (c) Stopping rules. The Wireless Telecommunications Bureau will 
establish stopping rules before or during multiple round auctions in 
order to terminate an auction within a reasonable time.
    (d) Activity rules. The Wireless Telecommunications Bureau will 
establish activity rules which require a minimum amount of bidding 
activity. In the event that the Wireless Telecommunications Bureau 
establishes an activity rule in connection with a simultaneous multiple 
round auction, each bidder will be entitled to request and will be 
automatically granted a certain number of waivers of such rule during 
the auction.

[61 FR 58339, Nov. 14, 1996]



Sec. 22.963  Withdrawal, default and disqualification payments.

    (a) During the course of an auction conducted pursuant to 
Sec. 22.961, the Commission will impose payments on bidders who withdraw 
high bids during the course of an auction, who default on payments due 
after an auction closes, or who are disqualified.
    (b) 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 would be assessed if the subsequent winning bid 
exceeds the withdrawn bid. This

[[Page 214]]

payment amount will be deducted from any upfront payments or down 
payments that the withdrawing bidder has deposited with the Commission.
    (c) Default or disqualification after close of auction. If a high 
bidder defaults or is disqualified after the close of such an auction, 
the defaulting bidder will be subject to the payment in paragraph (a) of 
this section plus an additional penalty equal to three (3) percent of 
the subsequent winning bid. If the subsequent winning bid exceeds the 
defaulting bidder's bid amount, the 3 percent payment will be calculated 
based on the defaulting bidder's bid amount. These amounts will be 
deducted from any upfront payments or down payments that the defaulting 
or disqualified bidder has deposited with the Commission.

[61 FR 58339, Nov. 14, 1996]



Sec. 22.964  Bidding application (FCC Form 175).

    All applicants who wish to participate in competitive bidding for 
cellular unserved area radiotelephone licenses must submit applications 
on FCC Form 175 pursuant to Sec. 1.2105 of this chapter. The Wireless 
Telecommunications Bureau will issue a Public Notice announcing the 
availability of cellular unserved area Phase I and Phase II licenses 
and, in the event that mutually exclusive applications are filed, the 
date of the auction for those licenses. This Public Notice will specify 
the date on or before which applicants intending to participate in a 
cellular unserved area radiotelephone service auction must file their 
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 materials which must 
accompany the short form, any upfront payment that will need to be 
submitted, and the location where the application must be filed.

[61 FR 58339, Nov. 14, 1996]



Sec. 22.965  Submission of upfront payments and down payments.

    (a) Each bidder in the cellular unserved radiotelephone service 
auction(s) will be required to pay the Commission, immediately prior to 
the auction, by cashier's check or by wire, at least $5,000 in order to 
get a bidder identification number. The upfront money will later be 
counted toward the full payment of the license.
    (b) Each winning bidder in the cellular unserved radiotelephone 
service auction(s) will be required to make a down payment to the 
Commission's lock-box bank in an amount sufficient to bring its total 
deposits up to 20 percent of its winning bid within five business days 
after the close of the auction, or by a date specified by Public Notice. 
The remainder of the full payment for the license shall be paid within 5 
days following the release of a Public Notice that will indicate that 
the Commission is prepared to award the license(s). The Commission will 
grant the license generally within ten (10) business days after 
receiving full payment.

[61 FR 58339, Nov. 14, 1996]



Sec. 22.967  License grant, denial, default, and disqualification.

    (a) Each winning bidder will be required to pay the balance of its 
winning bid in a lump sum payment within five (5) business days 
following Public Notice that the Commission is prepared to award the 
license. The Commission will grant the license generally within ten (10) 
business days after receipt of full and timely payment of the winning 
bid amount.
    (b) A bidder who withdraws its bid subsequent to the close of 
bidding, defaults on a payment due, or is disqualified, will be subject 
to the payments specified in Sec. 22.963 or Secs. 1.2104(g) and 1.2109 
of this chapter, as applicable.

[61 FR 58340, Nov. 14, 1996]



               Subpart I--Offshore Radiotelephone Service



Sec. 22.1001  Scope.

    The rules in this subpart govern the licensing and operation of 
offshore radiotelephone stations. The licensing and operation of these 
stations and systems is 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.

[[Page 215]]



Sec. 22.1003  Eligibility.

    Offshore central station licenses may be licensed to communications 
common carriers. Offshore subscriber stations may be licensed to common 
carriers or users of the service.



Sec. 22.1005  Priority of service.

    Facilities in the Offshore Radiotelephone Service are intended 
primarily for rendition of public message service between offshore 
subscriber and central stations. However, they may also be used to 
render private leased line communication service, provided that such 
usage does not reduce or impair the extent or quality of communication 
service which would be available, in the absence of private leased line 
service, to the general public receiving or subsequently requesting 
public message service from an offshore central station.



Sec. 22.1007  Channels for offshore radiotelephone systems.

    The channels listed in this section are allocated for paired 
assignment to transmitters located in the specified geographical zones 
that provide offshore radiotelephone service. All channels have a 
bandwidth of 20 kHz and are designated by their center frequencies in 
MegaHertz.
    (a) Zone A--Southern Louisiana. The geographical area in Zone A is 
bounded as follows:

    From longitude W.87 deg.45' on the East to longitude W.94 deg.00' on 
the West and from the 4.8 kilometer (3 mile) limit along the Gulf of 
Mexico shoreline on the North to the limit of the Outer Continental 
Shelf on the South.

    (1) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.025......................  491.025      488.225.........  491.225
488.050......................  491.050      488.250.........  491.250
488.075......................  491.075      488.275.........  491.275
488.100......................  491.100      488.300.........  491.300
488.125......................  491.125      488.325.........  491.325
488.150......................  491.150      488.350.........  491.350
488.175......................  491.175      488.375.........  491.375
488.200......................  491.200      488.400.........  491.400
------------------------------------------------------------------------

    (2) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications and private line service:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.425......................  491.425      488.575.........  491.575
488.450......................  491.450      488.600.........  491.600
488.475......................  491.475      488.625.........  491.625
488.500......................  491.500      488.650.........  491.650
488.525......................  491.525      488.675.........  491.675
488.550......................  491.550      488.700.........  491.700
------------------------------------------------------------------------

    (3) These channels may be assigned for use by relay stations in 
systems where it would be impractical to provide offshore radiotelephone 
service without the use of relay stations.

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.725......................  491.725      488.775.........  491.775
488.750......................  491.750      488.800.........  491.800
------------------------------------------------------------------------

    (4) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency communications 
involving protection of life and property.

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.825......................  491.825      488.875.........  491.875
488.850......................  491.850      488.900.........  491.900
------------------------------------------------------------------------

    (5) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency auto alarm and voice 
transmission pertaining to emergency conditions only.

------------------------------------------------------------------------
                      Central               Subscriber
------------------------------------------------------------------------
               488.950................  491.950
------------------------------------------------------------------------

    (6) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency shut-off remote 
control telemetry, environmental data acquisition and disseminations, or 
facsimile transmissions.

[[Page 216]]



------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
489.000......................  492.000      489.200.........  492.200
489.025......................  492.025      489.225.........  492.225
489.050......................  492.050      489.250.........  492.250
489.075......................  492.075      489.275.........  492.275
489.100......................  492.100      489.300.........  492.300
489.125......................  492.125      489.325.........  492.325
489.150......................  492.150      489.350.........  492.350
489.175......................  492.175      489.375.........  492.375
------------------------------------------------------------------------

    (7) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for private line service:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
489.400......................  492.400      489.725.........  492.725
489.425......................  492.425      489.750.........  492.750
489.450......................  492.450      489.775.........  492.775
489.475......................  492.475      489.800.........  492.800
489.500......................  492.500      489.825.........  492.825
489.525......................  492.525      489.850.........  492.850
489.550......................  492.550      489.875.........  492.875
489.575......................  492.575      489.900.........  492.900
489.600......................  492.600      489.925.........  492.925
489.625......................  492.625      489.950.........  492.950
489.650......................  492.650      489.975.........  492.975
489.675......................  492.675      490.000.........  493.000
489.700......................  492.700
------------------------------------------------------------------------

    (8) Interstitial channels. Interstitial channels are those with 
center frequencies offset by 12.5 kHz from the listed center 
frequencies. The FCC may assign interstitial channels to offshore 
stations in Zone A subject to the following conditions:
    (i) Offshore stations transmitting on interstitial channels must be 
located east of W.92 deg. longitude.
    (ii) Operations on interstitial channels are considered to be 
secondary to operations on channels with the listed center frequencies.
    (iii) Offshore stations operating on interstitial channels must be 
used only for voice grade general communications or to provide for 
private line service.

    Note to paragraph (a) of Sec. 22.1007:
    These channels are contained in UHF TV Channel 17.

    (b) Zone B--Southern Louisiana--Texas. (1) The geographical area in 
Zone B is bounded as follows:

    From longitude W.87 deg.45' on the East to longitude W.95 deg.00' on 
the West and from the 4.8 kilometer (3 mile) limit along the Gulf of 
Mexico shoreline on the North to the limit of the Outer Continental 
Shelf on the South.

    (2) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications and private line service:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
485.025......................  482.025      486.025.........  483.025
485.050......................  482.050      486.050.........  483.050
485.075......................  482.075      486.075.........  483.075
485.100......................  482.100      486.100.........  483.100
485.125......................  482.125      486.125.........  483.125
485.150......................  482.150      485.150.........  483.150
485.175......................  482.175      486.175.........  483.175
485.200......................  482.200      486.200.........  483.200
485.225......................  482.225      486.225.........  483.225
485.250......................  482.250      486.250.........  483.250
485.275......................  482.275      486.275.........  483.275
485.300......................  482.300      486.300.........  483.300
485.325......................  482.325      486.325.........  483.325
485.350......................  482.350      486.350.........  483.350
485.375......................  482.375      486.375.........  483.375
485.400......................  482.400      486.400.........  483.400
485.425......................  482.425      486.425.........  483.425
485.450......................  482.450      486.450.........  483.450
485.475......................  482.475      486.475.........  483.475
485.500......................  482.500      486.500.........  483.500
485.525......................  482.525      486.525.........  483.525
485.550......................  482.550      484.550.........  483.550
485.575......................  482.575      486.575.........  483.575
485.600......................  482.600      486.600.........  483.600
485.625......................  482.625      486.625.........  483.625
485.650......................  482.650      486.650.........  483.650
485.675......................  482.675      486.675.........  483.675
485.700......................  482.700      486.700.........  483.700
485.725......................  482.725      486.725.........  483.725
485.750......................  482.750      486.750.........  483.750
485.775......................  482.775      486.775.........  483.775
485.800......................  482.800      486.800.........  483.800
485.825......................  482.825      486.825.........  483.825
485.850......................  482.850      486.850.........  483.850
485.875......................  482.875      486.875.........  483.875
485.900......................  482.900      486.900.........  483.900
485.925......................  482.925      486.925.........  483.925
485.950......................  482.950      486.950.........  483.950
485.975......................  482.975      486.975.........  483.975
486.000......................  483.000      487.050.........  480.050
------------------------------------------------------------------------


    Note to paragraph (b) of Sec. 22.1007: These channels are contained 
in UHF TV Channel 16.

    (c) Zone C--Southern Texas. The geographical area in Zone C is 
bounded as follows:

    Longitude W.94 deg.00' on the East, the 4.8 kilometer (3 mile) limit 
on the North and West, a 282 kilometer (175 mile) radius from the 
reference point at Linares, N.L., Mexico on the Southwest, latitude 
N.26 deg.00' on the South, and the limits of the outer continental shelf 
on the Southeast.

    (1) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne

[[Page 217]]

mobile) as indicated, for emergency auto alarm and voice transmission 
pertaining to emergency conditions only.

------------------------------------------------------------------------
                      Central               Subscriber
------------------------------------------------------------------------
               476.950................  479.950
------------------------------------------------------------------------

    (2) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications and private line service:

476.025                              479.025
476.050                              479.050
476.075                              479.075
476.100                              479.100
476.125                              479.125
476.150                              479.150
476.175                              479.175
476.200                              479.200
476.225                              479.225
476.250                              479.250
476.275                              479.275
476.300                              479.300
476.325                              479.325
476.350                              479.350
476.375                              479.375
476.400                              479.400
476.425                              479.425
476.450                              479.450
476.475                              479.475
476.500                              479.500
476.525                              479.525
476.550                              479.550
476.575                              479.575
476.600                              479.600
476.625                              479.625
476.650                              479.650
476.675                              479.675
476.700                              479.700
476.725                              479.725
476.750                              479.750
476.775                              479.775
476.800                              479.800
476.825                              479.825
476.850                              479.850
476.875                              479.875
476.900                              479.900
477.000                              480.000
477.025                              480.025
477.075                              480.075
477.100                              480.100
477.125                              480.125
477.150                              480.150
477.175                              480.175
477.200                              480.200
477.225                              480.225
477.250                              480.250
477.275                              480.275
477.300                              480.300
477.325                              480.325
477.350                              480.350
477.375                              480.375
477.400                              480.400
477.425                              480.425
477.450                              480.450
477.475                              480.475
477.500                              480.500
477.525                              480.525
477.550                              480.550
477.575                              480.575
477.600                              480.600
477.625                              480.625
477.650                              480.650
477.675                              480.675
477.700                              480.700
477.725                              480.725
477.750                              480.750
477.775                              480.775
477.800                              480.800
477.825                              480.825
477.850                              480.850
477.875                              480.875
477.900                              480.900
477.925                              480.925
477.950                              480.950
477.975                              480.975
 


[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995]



Sec. 22.1009  Transmitter locations.

    The rules in this section establish limitations on the locations 
from which stations in the Offshore Radiotelephone Service may transmit.
    (a) All stations. Offshore stations must not transmit from locations 
outside the boundaries of the appropriate zones specified in 
Sec. 22.1007. Offshore stations must not transmit from locations within 
241 kilometers (150 miles) of any full-service television station that 
transmits on the TV channel containing the channel on which the offshore 
station transmits.
    (b) Airborne subscriber stations. Airborne subscriber stations must 
not transmit from altitudes exceeding 305 meters (1000 feet) above mean 
sea level. Airborne mobile stations in Zone A must not transmit from 
locations within 129 kilometers (80 miles) of Lake Charles, Louisiana. 
Airborne mobile stations in Zone B must not transmit from locations 
within 129 kilometers

[[Page 218]]

(80 miles) of Lafayette, Louisiana. Airborne mobile stations in Zone C 
must not transmit from locations within 129 kilometers (80 miles) of 
Corpus Christi or locations within 129 kilometers (80 miles) of Houston, 
Texas.



Sec. 22.1011  Antenna height limitations.

    The antenna height of offshore stations must not exceed 61 meters 
(200 feet) above mean sea level. The antenna height of offshore surface 
mobile stations must not exceed 10 meters (30 feet) above the waterline.



Sec. 22.1013  Effective radiated power limitations.

    The effective radiated power (ERP) of transmitters in the Offshore 
Radiotelephone Service must not exceed the limits in this section.
    (a) Maximum power. The ERP of transmitters in this service must not 
exceed 1000 Watts under any circumstances.
    (b) Mobile transmitters. The ERP of mobile transmitters must not 
exceed 100 Watts. The ERP of mobile transmitters, when located within 32 
kilometers (20 miles) of the 4.8 kilometer (3 mile) limit, must not 
exceed 25 Watts. The ERP of airborne mobile stations must not exceed 1 
Watt.
    (c) Protection for TV Reception. The ERP limitations in this 
paragraph are intended to reduce the likelihood that interference to 
television reception from offshore radiotelephone operations will occur.
    (1) Co-channel protection. The ERP of offshore stations must not 
exceed the limits in Table I-1 of this section. The limits depend upon 
the height above mean sea level of the offshore transmitting antenna and 
the distance between the antenna location of the offshore transmitter 
and the antenna location of the main transmitter of the nearest full-
service television station that transmits on the TV channel containing 
the channel on which the offshore station transmits.
    (2) Adjacent channel protection. The ERP of offshore stations 
located within 128.8 kilometers (80 miles) of the main transmitter 
antenna of a full service TV station that transmits on a TV channel 
adjacent to the TV channel which contains the channel on which the 
offshore station transmits must not exceed the limits in the Table I-2 
of Sec. 22.1015. The limits depend upon the height above mean sea level 
of the offshore transmitting antenna and the distance between the 
location of the offshore transmitter and the 4.8 kilometer (3 mile) 
limit.

                     Table I-1.--Maximum ERP (Watts)
------------------------------------------------------------------------
                                                  30       45       61
                                                meters   meters   meters
                   Distance                      (100     (150     (200
                                                feet)    feet)    feet)
------------------------------------------------------------------------
338 km (210 mi)..............................     1000     1000     1000
330 km (205 mi)..............................     1000      900      800
2 km (200 mi)................................      800      710      630
314 km (195 mi)..............................      590      520      450
306 km (190 mi)..............................      450      400      330
298 km (185 mi)..............................      320      280      240
290 km (180 mi)..............................      250      210      175
282 km (175 mi)..............................      180      150      130
274 km (170 mi)..............................      175      110      100
266 km (165 mi)..............................       95       80       70
258 km (160 mi)..............................       65       55       50
249 km (155 mi)..............................       50       40       35
241 km (150 mi)..............................       35       30       25
------------------------------------------------------------------------



Sec. 22.1015  Repeater operation.

    Offshore central stations may be used as repeater stations provided 
that the licensee is able to maintain control of the station, and in 
particular, to turn the transmitter off, regardless of whether 
associated subscriber stations are transmitting at the time.

                     Table I-2.--Maximum ERP (Watts)
------------------------------------------------------------------------
                                                           30       61
                                                         meters   meters
         Distance from the 4.8 km (3 mi) limit            (100     (200
                                                         feet)    feet)
------------------------------------------------------------------------
6.4 km (4 mi).........................................       25        6
8.0 km (5 mi).........................................       40       10
9.7 km (6 mi).........................................       65       15
11.3 km (7 mi)........................................      100       25
12.9 km (8 mi)........................................      150       35
14.5 km (9 mi)........................................      215       50
16.1 km (10 mi).......................................      295       70
17.7 km (11 mi).......................................      400      100
19.3 km (12 mi).......................................      530      130
20.9 km (13 mi).......................................      685      170
22.5 km (14 mi).......................................      870      215
24.1 km (15 mi).......................................     1000      270
25.7 km (16 mi).......................................     1000      415
27.4 km (17 mi).......................................     1000      505
29.0 km (18 mi).......................................     1000      610
30.6 km (19 mi).......................................     1000      730
32.2 km (20 mi).......................................     1000      865
33.8 km (21 mi).......................................     1000     1000
------------------------------------------------------------------------



Sec. 22.1025  Permissible communications.

    Offshore central stations must communicate only with subscriber 
stations

[[Page 219]]

(fixed, temporary-fixed, mobile and airborne). Offshore subscriber 
stations must normally communicate only with and through offshore 
central stations. Stations in the Offshore Radiotelephone Service may 
communicate through relay stations authorized in this service.



Sec. 22.1031  Temporary fixed stations.

    The FCC may, upon proper application therefor, authorize the 
construction and operation of temporary fixed stations in the Offshore 
Radiotelephone service to be used only when the service of permanent 
fixed stations is disrupted by storms or emergencies or is otherwise 
unavailable.
    (a) Six month limitation. If it is necessary for a temporary fixed 
station to remain at the same location for more than six months, the 
licensee of that station must apply for authorization to operate the 
station at the specific location at least 30 days before the end of the 
six month period.
    (b) International communications. Communications between the United 
States and Mexico must not be carried using a temporary fixed station 
without prior authorization from the FCC. Licensees desiring to carry 
such communications should apply sufficiently in advance to allow for 
the time necessary to coordinate with Canada or Mexico.



Sec. 22.1035  Construction period.

    The construction period (see Sec. 22.142) for offshore stations is 
18 months.



Sec. 22.1037  Application requirements for offshore stations.

    Applications for new Offshore Radiotelephone Service stations must 
contain an exhibit showing that:
    (a) The applicant has notified all licensees of offshore stations 
located within 321.8 kilometers (200 miles) of the proposed offshore 
station, by providing the following data, at least 30 days before filing 
the application:
    (1) The name, business address, channel coordinator, and telephone 
number of the applicant;
    (2) The location and geographical coordinates of the proposed 
station;
    (3) The channel and type of emission;
    (4) The height and type of antenna;
    (5) The bearing of the main lobe of the antenna; and,
    (6) The effective radiated power.
    (b) The proposed station will not interfere with the primary ORS 
channels by compliance with the following separations:
    (1) Co-channel to a distance of 241.4 kilometers (150 miles).
    (2) If interstitial channels are used, adjacent channels 
(12.5 kHz) to a distance of 80.5 kilometers (50 miles).
    (3) Third order intermodulation channels (12.5 kHz) to a 
distance of 32.2 kilometers (20 miles).
    (4) If the proposed transmitting antenna site is located west of 
longitude W.93 deg.40', and within 32.2 kilometers (20 miles) of the 
shoreline, and proposed use of the channels listed in Sec. 22.1007(b), 
no third-order intermodulation interference would be caused to any base 
or mobile station using the channels between 488 and 494 MHz.



  Subpart J--Required New Capabilities Pursuant to the Communications 
               Assistance for Law Enforcement Act (CALEA)

    Source: 64 FR 51717, Sept. 24, 1999, unless otherwise noted.



Sec. 22.1100  Purpose.

    Pursuant to the Communications Assistance for Law Enforcement Act 
(CALEA), Public Law 103-414, 108 Stat. 4279 (1994) (codified as amended 
in sections of 18 U.S.C. and 47 U.S.C.), this subpart contains rules 
that require a cellular telecommunications carrier to implement certain 
capabilities to ensure law enforcement access to authorized 
communications or call-identifying information.



Sec. 22.1101  Scope.

    The definitions included in this subpart shall be used solely for 
the purpose of implementing CALEA requirements.



Sec. 22.1102  Definitions.

    Call identifying information. Call identifying information means 
dialing or signaling information that identifies the origin, direction, 
destination, or termination of each communication

[[Page 220]]

generated or received by a subscriber by means of any equipment, 
facility, or service of a telecommunications carrier. Call identifying 
information is ``reasonably available'' to a carrier if it is present at 
an intercept access point and can be made available without the carrier 
being unduly burdened with network modifications.
    Collection function. The location where lawfully authorized 
intercepted communications and call-identifying information is collected 
by a law enforcement agency (LEA).
    Content of subject-initiated conference calls. Capability that 
permits a LEA to monitor the content of conversations by all parties 
connected via a conference call when the facilities under surveillance 
maintain a circuit connection to the call.
    Dialed digit extraction. Capability that permits a LEA to receive on 
the call data channel digits dialed by a subject when a call is 
connected to another carrier's service for processing and routing.
    In-band and out-of-band signaling. Capability that permits a LEA to 
be informed when a network message that provides call identifying 
information (e.g., ringing, busy, call waiting signal, message light) is 
generated or sent by the IAP switch to a subject using the facilities 
under surveillance. Excludes signals generated by customer premises 
equipment when no network signal is generated.
    Intercept Access Point (IAP). Intercept access point is a point 
within a carrier's system where some of the communications or call-
identifying information of an intercept subject's equipment, facilities, 
and services are accessed.
    J-STD-025. The interim standard developed by the Telecommunications 
Industry Association and the Alliance for Telecommunications Industry 
Solutions for wireline, cellular, and broadband PCS carriers. This 
standard defines services and features to support lawfully authorized 
electronic surveillance, and specifies interfaces necessary to deliver 
intercepted communications and call-identifying information to a LEA.
    LEA. Law enforcement agency; e.g., the Federal Bureau of 
Investigation or a local police department.
    Party hold, join, drop on conference calls. Capability that permits 
a LEA to identify the parties to a conference call conversation at all 
times.
    Subject-initiated dialing and signaling information. Capability that 
permits a LEA to be informed when a subject using the facilities under 
surveillance uses services that provide call identifying information, 
such as call forwarding, call waiting, call hold, and three-way calling. 
Excludes signals generated by customer premises equipment when no 
network signal is generated.
    Timing information. Capability that permits a LEA to associate call-
identifying information with the content of a call. A call-identifying 
message must be sent from the carrier's IAP to the LEA's Collection 
Function within eight seconds of receipt of that message by the IAP at 
least 95% of the time, and with the call event time-stamped to an 
accuracy of at least 200 milliseconds.



Sec. 22.1103  Capabilities that must be provided by a cellular telecommunications carrier.

    (a) Except as provided under paragraph (b) of this section, as of 
June 30, 2000, a cellular telecommunications carrier shall provide to a 
LEA the assistance capability requirements of CALEA, see 47 U.S.C. 1002. 
A carrier may satisfy these requirements by complying with publicly 
available technical requirements or standards adopted by an industry 
association or standard-setting organization, such as J-STD-025.
    (b) As of September 30, 2001, a cellular telecommunications carrier 
shall provide to a LEA communications and call-identifying information 
transported by packet-mode communications and the following 
capabilities:
    (1) Content of subject-initiated conference calls;
    (2) Party hold, join, drop on conference calls;
    (3) Subject-initiated dialing and signaling information ;
    (4) In-band and out-of-band signaling;
    (5) Timing information;

[[Page 221]]

    (6) Dialed digit extraction.



PART 23--INTERNATIONAL FIXED PUBLIC RADIOCOMMUNICATION SERVICES--Table of Contents




                          Fixed Public Services

Sec.
23.1  Definitions.
23.11  Use of radiotelephone emissions by radiotelegraph stations.
23.12  Use of radiotelegraph emissions by radiotelephone stations.
23.13  Types of emission.
23.14  Emission, bandwidth, modulation and transmission characteristics.
23.15  Emission limitations.
23.16  Frequency tolerances.
23.17  Frequency measurement.
23.18  Authorization of power.
23.19  Use of directional antennas.
23.20  Assignment of frequencies.
23.21  Communications by international control stations.
23.23  Use of frequencies for radiotelegraph communication within the 
          continental United States.
23.24  Correspondents and points of communication.
23.25  Points of communication, limitations.
23.26  Use of transmitters.
23.27  Experimental research.
23.28  Special temporary authorization.
23.29  License period and expiration time.
23.31  Period of construction.
23.32  Equipment and service tests.
23.35  Compliance with tariff requirements.
23.36  Posting of license.
23.37  Station identification.
23.38  Experimental points of communication, limitations.
23.39  Antenna structures.
23.40  [Reserved]
23.41  Quarterly report of frequency usage.
23.42  License, simultaneous modification and renewal.
23.43  Maintenance tests of licensed stations.
23.44  Station inspection.
23.45  Operator license, posting of.
23.46  Operators, class required and general duties.
23.47  Station records.
23.48  Content of station records.
23.49  Discontinuance of operation.
23.50  Place of filing applications; fees and number of copies.
23.51  Addressed program material.
23.52  Mobile stations, transmission simultaneously to.
23.53  Addressed press and meteorological services.
23.54  Use of double sideband radiotelephone.
23.55  Equal employment opportunities.

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47 U.S.C. 
154, 303. Interpret or apply sec. 301, 48 Stat. 1081; 47 U.S.C. 301.

    Source: 28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 
1971, unless otherwise noted.

                          Fixed Public Services



Sec. 23.1  Definitions.

    Assigned frequency. The frequency coinciding with the center of an 
authorized bandwidth of emission.
    Authorized bandwidth. The maximum bandwidth authorized to be used by 
a station as specified in the station license. This shall be occupied 
bandwidth or necessary bandwidth, whichever is greater.
    Authorized reference frequency. A frequency having a fixed and 
specific position with respect to the assigned frequency.
    Authorized service. The term ``authorized service'' of a point-to-
point radiotelegraph or radiotelephone station means the transmission of 
public correspondence to a point of communication as defined herein 
subject to such special provisions as may be contained in the license of 
the station or in accordance with Sec. 23.53.
    Fixed public service. The term ``fixed public service'' means a 
radiocommunication service carried on between fixed stations open to 
public correspondence.
    Fixed public press service. The term ``fixed public press service'' 
means a limited radio communication service carried on between point-to-
point telegraph stations, consisting of transmissions by fixed stations 
open to limited public correspondence, of news items, or other material 
related to or intended for publication by press agencies, newspapers, or 
for public dissemination. In addition, these transmissions may be 
directed to one or more fixed points specifically named in a station 
license, or to unnamed points in accordance with the provisions of 
Sec. 23.53.

    Note: This section is not intended as a definition of any press 
classification. Correspondence admissible under any press classification 
is determined by the tariffs of the various common carriers on file with 
the Commission.


[[Page 222]]


    Fixed station. The term ``fixed station'' in the fixed public or 
fixed public press service includes all apparatus used in rendering the 
authorized service at a particular location under a single instrument of 
authorization.
    Frequency tolerance. The maximum permissible departure by the center 
frequency of the frequency band occupied by an emission from the 
assigned frequency or by the carrier, or suppressed carrier, from the 
reference frequency.
    International fixed public radiocommunication service. A fixed 
service, the stations of which are open to public correspondence and 
which, in general, is intended to provide radiocommunication between any 
one of the contiguous 48 states (including the District of Columbia) and 
the State of Alaska, or the State of Hawaii, or any U.S. possession or 
any foreign point; or between any U.S. possession and any other point; 
or between the State of Alaska and any other point; or between the State 
of Hawaii and any other point. In addition, radiocommunications within 
the contiguous 48 states (including the District of Columbia) in 
connection with the relaying of international traffic between stations 
which provide the above service, are also deemed to be the international 
fixed public radiocommunications service; provided, however, that 
communications solely between Alaska, or any one of the contiguous 48 
states (including the District of Columbia), and either Canada or Mexico 
are not deemed to be in the international fixed public 
radiocommunication service when such radiocommunications are transmitted 
on frequencies above 72 MHz.
    International fixed public control service. A fixed service carried 
on for the purpose of communicating between transmitting stations, 
receiving stations, message centers or control points in the 
international fixed public radiocommunication service.
    Occupied bandwidth. The frequency bandwidth such that, below its 
lower and above its upper frequency limits, the mean powers radiated are 
each equal to 0.5 percent of the total mean power radiated by a given 
emission.
    Point-to-point telegraph station. The term ``point-to-point 
telegraph station'' means a fixed station authorized for radiotelegraph 
communication.
    Point-to-point telephone station. The term ``point-to-point 
telephone station'' means a fixed station authorized for radiotelephone 
communication.
    Point of communication. The term ``point of communication'' means a 
specific location designated in the license to which a station is 
authorized to communicate for the transmission of public correspondence.
    Radiotelegraph. The term ``radiotelegraph'' as used in this part 
shall be construed to include types N0N, A1A, A2A, A3C, F1B, F2B, and 
F3C emission.
    Radiotelephone. The term ``radiotelephone'' as used in this part, 
with respect to operation on frequencies below 30 MHz, means a system of 
radiocommunication for the transmission of speech or, in some cases, 
other sounds by means of amplitude modulation including double sideband 
(A3E), single sideband (R3E, H3E, J3E) or independent sideband (B3E) 
transmission.

[38 FR 22478, Aug. 21, 1973, as amended at 49 FR 48701, Dec. 14, 1984]



Sec. 23.11  Use of radiotelephone emissions by radiotelegraph stations.

    The licensee of a radiotelegraph station, using frequencies below 30 
MHz, may be authorized to use radiotelephone emissions as defined in 
Sec. 23.1 for the following purposes:
    (a) Transmission of addressed program material as set forth in 
Sec. 23.51.
    (b) Controlling the transmission or reception of addressed program 
material
    (c) Controlling the transmission or reception of facsimile material.

[28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 1971; 38 
FR 22479, Aug. 21, 1973]



Sec. 23.12  Use of radiotelegraph emissions by radiotelephone stations.

    The licensee of a point-to-point radiotelephone station may be 
authorized to use type N0N, A1A, A2A, F1B, or F2B emission for 
identification, for test

[[Page 223]]

purposes or for the exchange of service messages.

[49 FR 48701, Dec. 14, 1984]



Sec. 23.13  Types of emission.

    Stations in the international fixed public radiocommunication 
services may be authorized to use any of the types of emission or 
combinations thereof, described in part 2 of this chapter, as well as 
new types which may be developed: Provided, That harmful interference to 
adjacent operations is not caused thereby, And provided further, That 
the intelligence to be transmitted will use the bandwidth requested to a 
degree of efficiency compatible with the current state of the art. A 
determination of the possibilities of interference will be made as 
outlined in Sec. 23.20. In certain cases frequencies or emissions may be 
authorized on a temporary basis to determine if interference will occur. 
During normal operations, emissions shall be centered about an assigned 
frequency. Non-centered emissions may be employed for short periods of 
time as needed to avoid interfering signals or meet fluctuating traffic 
loading: Provided, That the occupied bandwidth of these emissions be 
contained within the authorized bandwidth, And provided further, That 
prior to any such use, the Commission be notified of the reference 
frequency or frequencies proposed to be used in lieu of the assigned 
frequency.

[38 FR 22479, Aug. 21, 1973]



Sec. 23.14  Emission, bandwidth, modulation and transmission characteristics.

    In the services under this part emissions are designated by their 
classification and their necessary bandwidth in accordance with the 
following procedures:
    (a) Designation of emissions in applications. In applying for new 
frequency assignments for emissions not presently authorized, the 
emissions proposed to be used shall be described and their bandwidths 
specified as outlined in part 2 of this chapter.
    (b) Designation of emissions in authorizations. The emission 
designations used in authorizations will indicate only the maximum value 
of the necessary bandwidth for each type of modulation authorized.
    (c) New types of emissions. If application is made for a type of 
emission not covered by part 2 of this chapter, a full description of 
the emission must be provided and, if possible, measurements of its 
occupied bandwidth.

[38 FR 22479, Aug. 21, 1973, as amended at 49 FR 48701, Dec. 14, 1984]



Sec. 23.15  Emission limitations.

    (a) For all transmitters placed into operation after September 19, 
1973, and for all transmitters after September 19, 1975, which operate 
on frequencies below 30 MHz:
    (1) The occupied bandwidth of emission shall be confined within the 
least possible spectrum space consistent with the state of the art and 
the required quality of transmission, and in no event shall be more than 
the authorized bandwidth.
    (2) Spurious emissions of transmitters of mean power of 50 kilowatts 
or less shall be attenuated at least 40 decibels below the mean power of 
the fundamental without exceeding the power of 50 milliwatts.
    (3) Spurious emissions of transmitters of mean power exceeding 50 
kilowatts shall be attenuated at least 60 decibels below the mean power 
of the fundamental and every effort should be made to keep the level of 
spurious emissions below the power of 50 milliwatts.
    (b) For all transmitters placed into operation after September 19, 
1973, and for all transmitters after September 19, 1975, which operate 
on frequencies above 30 MHz, the mean powers of emissions shall be 
attenuated below the mean output power of the transmitter in accordance 
with the following schedule:
    (1) 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;
    (2) 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;

[[Page 224]]

    (3) On any frequency removed from the assigned frequency by more 
than 250 percent of the authorized bandwidth: at least 43 plus 10 log 
(mean output power in watts) decibels, or 80 decibels, whichever is the 
lesser attenuation.
    (c) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than that specified in this section.

[38 FR 22479, Aug. 21, 1973; 38 FR 24901, Sept. 11, 1973]



Sec. 23.16  Frequency tolerances.

    (a) The frequency tolerance for stations in the International Fixed 
Public Radiocommunications Services shall be maintained as prescribed in 
the following table:

------------------------------------------------------------------------
                                                   Tolerances applicable
                                                    to new transmitters
                                                      installed after
                                                    September 19, 1973,
                                                        and to all
                 Frequency range                    transmitters after
                                                    September 19, 1975
                                                 -----------------------
                                                               Parts per
                                                    Percent     million
------------------------------------------------------------------------
10 to 50 kHz....................................          .1        1000
50 to 535 kHz...................................         .02         200
1605 to 30,000 kHz..............................       .0015          15
30 to 50 MHz....................................        .002          20
50 to 000 MHz...................................       .0005           5
1000 to 1850 MHz................................        .001          10
1850 to 1990 MHz................................         .02         200
1990 to 2500 MHz................................        .001          10
2500 to 10,500 MHz..............................         .03         300
10,500 to 40,000 MHz............................         .05         500
------------------------------------------------------------------------

    (b) Until September 19, 1975, the frequency tolerance of 
transmitters installed at stations in these services before September 
19, 1973, and operating within the frequency bands set forth below, 
shall be maintained within the following limits:

------------------------------------------------------------------------
                                                               Tolerance
                       Frequency range                         (percent)
------------------------------------------------------------------------
10 to 50 kHz................................................         0.1
50 to 535 kHz...............................................        0.02
1605 to 30000 kHz...........................................       0.003
Above 30 MHz................................................       (\1\)
------------------------------------------------------------------------
\1\ As set forth in the radio station license.


[38 FR 27386, Oct. 3, 1973]



Sec. 23.17  Frequency measurement.

    Each station shall provide for the measurement of all frequencies 
assigned thereto, and establish a procedure for checking them regularly. 
These measurements shall be made by means independent of the frequency 
control of the transmitter and shall be of accuracy sufficient to detect 
deviation from the assigned frequency within one-half of the allowed 
tolerance. A record shall be kept of the results and dates of all 
frequency measurements.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.18  Authorization of power.

    (a) Authorized power. Power, when designated in the respective 
station license for a particular transmitter or transmitters, is peak 
envelope power for transmitters having full, unkeyed carrier, single 
sideband or independent sideband emissions, and mean power for 
transmitters having other emissions, unless specifically expressed 
otherwise. Designation of effective radiated power may appear in the 
station license in addition to designation of power for a transmitter or 
transmitters, when deemed necessary by the Commission.
    (b) Use of minimum power. In the interest of avoiding interference 
to other operations, all stations shall radiate only as much power as is 
necessary to ensure a satisfactory service.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.19  Use of directional antennas.

    Insofar as is practicable, directional antennas, of type consistent 
with the current state of art, shall be used on all circuits for both 
transmitting and receiving.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.20  Assignment of frequencies.

    (a) Only those frequencies which are in accordance with Sec. 2.106 
of this chapter may be authorized for use by stations in the Fixed 
Public and Fixed Public Press Services. Selection of specific 
frequencies within such bands shall be made by the applicants therefor. 
After an application has been filed with the Commission for a particular 
frequency, its availability for assignment as requested will be 
determined by a study of the probabilities of interference to and from 
existing services

[[Page 225]]

assigned on the same or adjacent frequencies and, if necessary, by 
coordination with other agencies utilizing frequencies in these ranges. 
The applicant will be notified of the results of such study and 
coordination. All new assignments of frequencies may be made subject to 
certain conditions as may be required to minimize the possibility of 
harmful interference to existing services.
    (b) 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, 
temporary fixed, Personal Radio, Civil Air Patrol, or Amateur seeking a 
station license for a new station, a construction permit to construct a 
new station or to modify an existing station license in a manner which 
would change either the frequency, power, antenna height or directivity, 
or location of such a station within the area bounded by 39 deg.15' N. 
on the north, 78 deg.30' W. on the east, 37 deg.30' N. on the south and 
80 deg.30' W. on the west shall, at the time of filing such application 
with the Commission, simultaneously notify the Director, National Radio 
Astronomy Observatory, P. O. Box No. 2, Green Bank, West Virginia, 
24944, in writing, of the technical particulars of the proposed station. 
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 twenty 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.
    (c) [Reserved]
    (d) Protection for Table Mountain Radio Receiving Zone, Boulder 
County, Colorado: Applicants for a station authorization to operate in 
the vicinity of Boulder County, Colorado under this part are advised to 
give due consideration, prior to filing applications, to the need to 
protect the Table Mountain Radio Receiving Zone from harmful 
interference. These are the research laboratories of the Department of 
Commerce, Boulder County, Colorado. 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 728 hectare site 
(in the vicinity of coordinates 40 deg.07'50" N Latitude, 105 deg.14'40" 
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:

------------------------------------------------------------------------
                                                              Power flux
                                                   Field     density \1\
                                                  strength    (dBW/m\2\)
                Frequency range                  (mV/m) in        in
                                                 authorized   authorized
                                                 bandwidth    bandwidth
                                                 of service   of service
------------------------------------------------------------------------
Below 540 kHz.................................           10         65.8
540 to 1600 Khz...............................           20         59.8
1.6 to 470 MHz................................           10     \2\ 65.8
470 to 890 MHz................................           30     \2\ 56.2
Above 890 MHz.................................            1     \2\ 85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are calculated assuming free
  space characteristic impedance of 376.7=120 ohms.
\2\ Space stations shall conform to the power flux density limits at the
  earth's surface specified in appropriate parts of the FCC rules, but
  in no case should exceed the above levels in any 4 kHz band for all
  angles of arrival.

    (1) Advance consultation is recommended particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power flux density figures in the above table would be 
exceeded by their proposed radio facilities (except mobile stations). In 
such instances, the following is a suggested guide for determining 
whether coordination is recommended:
    (i) All stations within 2.4 kilometers;
    (ii) Stations within 4.8 kilometers 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;

[[Page 226]]

    (iii) Stations within 16.1 kilometers with 1 kW or more ERP in the 
primary plane of polarization in the azimuthal direction of Table 
Mountain Receiving Zone;
    (iv) Stations within 80.5 kilometers with 25 kW or more ERP in the 
primary plane or 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 filing 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.
    (e) Protection for Federal Communications Commission monitoring 
stations:
    (1) Applicants in the vicinity of an FCC monitoring station for a 
radio station authorization to operate new transmitting facilities or 
changed transmitting facilities which would increase the field strength 
produced over the monitoring station over that previously authorized are 
advised to give consideration, prior to filing applications, to the 
possible need to protect the FCC stations from harmful interference. 
Geographical coordinates of the facilities which require protection are 
listed in Sec. 0.121(c) of the Commission's Rules. Applications for 
stations (except mobile stations) which will produce on any frequency a 
direct wave fundamental field strength of greater than 10 mV/m in the 
authorized bandwidth of service (-65.8 dBW/m\2\ 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\2\) 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 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 kilometers (10 statute 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 kilometers (50 statute miles) with 25 kW or 
more average ERP in the primary plane of polarization in the azimuthal 
direction of the Monitoring Station;
    (4) Advance coordination for stations operating above 1000 MHz is 
recommended only where the proposed station is in the vicinity of a 
monitoring station designated as a satellite monitoring facility in 
Sec. 0.121(c) of the Commission's Rules and also meets the criteria 
outlined in paragraphs (e)(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

[[Page 227]]

such consultation can avoid objections from the Federal Communications 
Commission or modification of any authorization which will cause harmful 
interference.
    (f) 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.

[28 FR 13032, Dec. 5, 1963, as amended at 42 FR 8329, Feb. 9, 1977; 42 
FR 27894, June 1, 1977; 44 FR 77167, Dec. 31, 1979; 50 FR 39002, Sept. 
26, 1985; 58 FR 44904, Aug. 25, 1993; 61 FR 8477, Mar. 5, 1996; 62 FR 
55530, Oct. 27, 1997]



Sec. 23.21  Communications by international control stations.

    Stations in the international fixed public control service are 
authorized to communicate between transmitting stations, receiving 
stations, message centers or control points operating in the 
international fixed public radiocommunication services for the purpose 
of handling service messages or international traffic between these 
points: Provided, That only traffic originating in or destined to points 
outside the contiguous states may be handled. Frequencies in bands 
designated for international control stations in Part 2 of this chapter 
may be assigned to these stations.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.23  Use of frequencies for radio-telegraph communication within the continental United States.

    Licensees of point-to-point radiotelegraph stations may use any 
frequency authorized in a station license for communication between 
designated points within the 48 contiguous states and the District of 
Columbia upon the express condition that the use of any frequency above 
5000 kHz shall be subject to the limitation that no interference shall 
be caused to the international service, or to service with Alaska or 
Hawaii; and in the event such interference is caused the licensee shall 
immediately discontinue the use of the frequency or frequencies 
producing such interference and operation thereon may be conducted only 
at times when such interference will not be caused.

[[Page 228]]



Sec. 23.24  Correspondents and points of communication.

    Each instrument of authorization issued for fixed public or fixed 
public press service shall authorize communication to the points of 
communication and to the organizations, agencies, or persons specified 
therein only, except as provided by Sec. 23.53: Provided, however, That 
in the event of a change in an organization, agency, or person specified 
or a change in the effective control of such organization, agency, or 
person, the licensee shall immediately notify the Commission of such 
change and shall file an application for modification of the instrument 
of authorization: And provided further, That where such change is 
occasioned by reason of circumstances beyond the control of the 
licensee, communication under the then outstanding instrument of 
authorization shall be permitted to continue pending consideration of 
and action upon the application for modification of the instrument of 
authorization.



Sec. 23.25  Points of communication, limitations.

    No point of communication will be regularly authorized in any 
instrument of authorization for fixed public or fixed public press 
service in absence of an adequate showing that public correspondence may 
be transmitted and received from such points, except as provided in 
Sec. 23.53.



Sec. 23.26  Use of transmitters.

    The licensee of a point-to-point radiotelegraph or radiotelephone 
station may use any transmitter of the station for transmission upon any 
frequency assigned to the station for communication with any point of 
communication authorized by the station license: Provided, however, That 
the maximum power authorized for the specific frequency as shown in the 
license is not exceeded.



Sec. 23.27  Experimental research.

    The licensee of a station may be authorized to use a transmitter 
which is licensed for fixed public or fixed public press service for 
experimental research in accordance with the rules and regulations 
governing the experimental service upon the condition that no 
interference will be caused to the public service. Experimental 
(Research) and Experimental (Developmental) Stations authorized to 
operate as point-to-point telegraph or telephone stations shall comply 
with the rules governing fixed public radio services in addition to the 
rules and regulations governing experimental radio services.



Sec. 23.28  Special temporary authorization.

    (a) Requests for special temporary authority must be accompanied by 
a showing that interference will not be caused to the fixed public or 
fixed public press service for which the station is primarily licensed; 
and, in addition, such requests must be accompanied by the following:
    (1) A statement of the call signs, location, and frequencies of the 
transmitting station; The call signs, location, and frequencies of the 
received station; and the type or types of emission to be employed by 
both stations.
    (2) A statement as to whether the frequencies are to be used for 
contact control purposes only.
    (3) A statement of the period for which the temporary authority is 
desired.
    (4) A statement describing the service which is to be rendered.
    (b) Temporary authorizations of operation not to exceed 180 days may 
be granted under the standards of section 309(f) of the Communications 
Act where extraordinary circumstances so require. Extensions of the 
temporary authorizations for a period of 180 days may also be granted, 
but the renewal applicant bears a heavy burden to show that 
extraordinary circumstances warrant such an extension.
    (c) Each application proposing construction of one or more new 
antenna structures or alteration of the overall height of one or more 
existing antenna structures, 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(s) for the 
affected structure(s). If no such number has been assigned at the time 
the application(s) is filed, the applicant must state in the application

[[Page 229]]

whether the 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. Applications 
proposing construction of one or more new antenna structures or 
alteration of the overall height of one or more existing antenna 
structures, where FAA notification prior to such construction or 
alteration is not required by part 17 of this chapter, must indicate 
such and, unless the structure is 6.10-meters or less above ground level 
(AGL), must contain a statement explaining why FAA notification is not 
required.

[48 FR 27253, June 14, 1983, as amended at 61 FR 4365, Feb. 6, 1996]



Sec. 23.29  License period and expiration time.

    (a) Licenses for stations operating in the fixed public 
radiocommunications services will be issued for a period of 10 years 
unless otherwise stated in the instrument of authorization. The date of 
expiration of such licenses shall be the 1st day of December, and each 
station license will be issued so as to expire at the hour 3 a.m., 
eastern standard time. Unless otherwise ordered, when an application for 
a new station license is granted within three months of the expiration 
date for licenses of the particular class of station involved, the 
license shall be issued for the unexpired period of the current license 
term and for the full succeeding term. If granted more than three months 
from the normal expiration date, the license shall be issued for the 
unexpired period of the current license term only.
    (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, the public 
interest, convenience or necessity would be served by such action.

[28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 1971; 38 
FR 22480, Aug. 21, 1973; 48 FR 27253, June 14, 1983]



Sec. 23.31  Period of construction.

    Each construction permit for a radio station in the fixed public 
service will specify the date of grant as the earliest date of 
commencement of construction and a maximum of eight months thereafter as 
the time within which construction shall be completed and the station 
ready for operation, unless otherwise determined by the Commission upon 
proper showing in any particular case.



Sec. 23.32  Equipment and service tests.

    (a) Upon completion of construction of a radio station in exact 
accordance with the terms of the construction permit, the technical 
provisions of the application therefor and the other applicable 
provisions of this part and prior to filing of application for license, 
the permittee is authorized to test the equipment for a period not to 
exceed 10 days: Provided, That:
    (1) The engineer in charge of the district in which the station is 
located is notified 2 days in advance of the beginning of tests.
    (2) The Commission may notify the permittee to conduct no tests or 
may cancel, suspend, or change the date of beginning for the period of 
such tests as and when such action may appear to be in the public 
interest, convenience, and necessity.
    (b) When construction and equipment tests are completed in exact 
accordance with the terms of the construction permit, the technical 
provisions of the application therefor, and the other applicable 
provisions of this part, and after an application for station license 
has been filed with the Commission showing the transmitter to be in 
satisfactory operating condition, the permittee is authorized to conduct 
service tests in exact accordance with the terms of the construction 
permit for a period not to exceed 30 days: Provided, That:
    (1) The engineer in charge of the district in which the station is 
located is notified 2 days in advance of the beginning of the tests.
    (2) The Commission reserves the right to cancel such tests or 
suspend, or change the date of beginning for the period of such tests as 
and when such action may appear to be in the public interest, 
convenience, and necessity by notifying the permittee.
    (3) Service tests will not be authorized after the expiration date 
of the construction permit.

[[Page 230]]

    (c) The authorization for tests embodied in paragraphs (a) and (b) 
of this section shall not be construed as constituting a license to 
operate but as a necessary part of the construction.



Sec. 23.35  Compliance with tariff requirements.

    No licensee authorized to perform common carrier service by means of 
radio communication shall engage in such service without compliance with 
all statutory provisions and regulations of the Commission relative to 
the filing of tariffs; and nothing contained in this part shall be 
deemed as a waiver or modification of any such statutory provision or 
regulation.



Sec. 23.36  Posting of license.

    The license of a station shall be posted in a conspicuous place in 
the main transmitter building of the station or kept in such building 
where it is readily available for inspection purposes.



Sec. 23.37  Station identification.

    (a) General. Every radiotelegraph or radiotelephone station in the 
International Fixed Public or Fixed Public Press Service shall transmit, 
as provided below, the identifying call sign or other approved 
identification signal on each of its assigned frequencies below 30 MHz 
on which energy is being radiated.
    (b) When required. (1) The call sign assigned to each frequency 
shall be transmitted on that frequency at the beginning and end of each 
period of use of the frequency.
    (2) During regular operation on any freuency, the call sign or other 
approved identification signal shall be transmitted at least at hourly 
intervals within the period from 10 minutes before to 10 minutes after 
each hour. If identification during this period would require an 
interruption in the transmission of a radio-photo, a telephone 
conversation, an addressed program or a multiple addressed press 
message, or a break in the continuity of a ``conference'' or ``leased 
line'' type of service, the identifying signal shall be transmitted at 
the first break in, at the conclusion of, or simultaneously with, the 
particular transmission as described below.
    (c) Methods of transmission. (1) All identifying signals shall be 
transmitted in such a manner as to permit identification without special 
equipment other than communication type receivers, except as provided in 
paragraph (e) of this section. When emissions are being used which are 
not capable of identification without special equipment, the identifying 
signal shall be transmitted by one of the following methods:
    (i) By interrupting the transmission and transmitting the call sign 
in a manner which can be identified without special equipment.
    (ii) By superimposing the call sign or other approved identification 
signal on the emission being transmitted without interrupting the 
transmission as provided for by paragraphs (e) and (f) of this section.
    (d) Emissions to be used. (1) Except as otherwise provided, the 
following emissions shall be used for identification:
    (i) Radiotelegraph stations. The identifying call sign shall be 
transmitted by International Morse code at a speed not to exceed 25 
words per minute and shall consist of the signal ``QRA de'' followed by 
the call sign. This transmission shall be made at least three times.
    (ii) Radiotelegraph stations using telephone type emissions. When 
telephone type emissions are being used in accordance with Sec. 23.11, 
identification may be made by voice and shall consist of announcing 
three times in English the call sign of the frequency being used
    (iii) Radiotelephone stations. The identifying transmission may be 
made utilizing either telegraph or telephone type emissions. When 
telegraph emission is used, the transmission shall be made in 
International Morse Code at a speed not to exceed 25 words per minute 
and shall consist of the signal ``QRA de'' followed by the call sign. 
This transmission shall be made at least three times. When telephone 
emission is used, the identification shall consist of announcing three 
times in English the call sign of the frequency being used, provided 
that all privacy or secrecy devices shall be removed from the circuit 
during such transmissions.

[[Page 231]]

    (e) Superimposed identification. Radiotelegraph or radiotelephone 
stations identifying simultaneously with transmission of traffic: call 
signs or the general identification signal described in paragraph (f) of 
this section may be superimposed on the emission being transmitted by 
any method which will make identification possible with communication 
type receivers provided that approval of any such method shall first 
have been obtained from the Federal Communications Commission. (Approval 
by the Federal Communications Commission of any means of identification 
of complex emissions by superimposing identification of regular 
transmissions will be given upon satisfactory completion of coordinated 
tests thereof by the applicant and the Commission's Field Engineering 
Bureau.) Commission approval may be withdrawn if at any subsequent time 
harmful interference to adjacent frequencies is caused by the 
superimposed identification. When superimposed identification by call 
sign is used, the identifying signal shall consist of ``QTT de (call 
sign)'' transmitted at least three times in International Morse Code at 
a speed not to exceed 25 words per minute.
    (f) General identification signal. When an approved method of 
superimposed identification is used, the identification signal shall 
consist of ``QTT de (abbreviated name of company recorded with the 
Commission) (abbreviated name of station recorded with the 
Commission).'' (It is suggested that ``abbreviated company name'' 
consist of two to five letters such as the initials of the company name 
and that ``abbreviated name of station'' consist of two or three letters 
indicating the name of the city where the licensee's message center is 
located. Both of these abbreviations shall be notified to the Commission 
before being used for identification.) This general identification 
signal shall be transmitted in International Morse Code at a speed not 
to exceed 25 words per minute and may be transmitted continuously or 
intermittently as desired provided that it shall be transmitted for at 
least five minutes total time during the period from 10 minutes before 
to 10 minutes after each hour that energy is being radiated on the 
frequency. The same signal may be superimposed on all transmissions 
being made at a particular station: Provided, however, That licensed 
call signs shall be transmitted on the frequencies to which they are 
assigned as often as is practicable and reasonable or at least at the 
beginning and end of each period of use of each frequency.
    (g) Identification by printer. Notwithstanding the other provisions 
of this section with respect to methods of transmission, when single 
channel start-stop 5 unit code printer equipment is being used, the 
identifying call sign may be transmitted by means of printer signals. 
When identification is made by printer signals, it shall consist of the 
call sign for the particular frequency being used and shall be made at 
least three times at a speed of approximately 60 words per minute.



Sec. 23.38  Experimental points of communication, limitations.

    Experimental (Research) or Experimental (Developmental) stations 
licensed to operate as point-to-point telegraph or telephone stations in 
the fixed public service may communicate only with other experimental 
stations located within the continental limits of the United States 
(except Alaska): Provided, however, That upon application the Commission 
may authorize such a station to communicate with one or more specific 
points in Alaska, Hawaii, possessions of the United States, or with a 
specific foreign point. In each such case, the Commission will determine 
the nature of the experimental transmissions which may be made to such 
point of communication.



Sec. 23.39  Antenna structures.

    (a) FAA notification. Before the construction of new antenna 
structures or alteration in the height of existing antenna structures is 
authorized by the FCC, a Federal Aviation Administration (FAA) 
determination of ``no hazard'' may be required. To apply for this 
determination, the FAA must be notified of the planned construction. 
Criteria used to determine whether FAA notification is required for a 
particular antenna structure are contained in part 17 of this chapter. 
Applications

[[Page 232]]

proposing construction of one or more new antenna structures or 
alteration of the overall height of one or more existing antenna 
structures, where FAA notification prior to such construction or 
alteration is not required by part 17 of this chapter, must indicate 
such and, unless the reason is obvious (e.g. structure height is less 
than 6.10 meters AGL) must contain a statement explaining why FAA 
notification is not required.
    (b) Painting and lighting. The owner 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 
operate and maintain 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.
    (c) Antenna Structure Registration Number. Applications proposing 
construction of one or more new antenna structures or alteration of the 
overall height of one or more existing structures, 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(s) for the affected structure(s). 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 for the antenna structure in 
question.

[61 FR 4366, Feb. 6, 1996]



Sec. 23.40  [Reserved]



Sec. 23.41  Quarterly report of frequency usage.

    (a) Transmitted frequencies. Each licensee in the international 
fixed radio-communication services shall submit a report of frequency 
usage for all authorized frequencies below 30 MHz for each station. If 
more than one station is operated from a common control point, reports 
for the stations may be combined into one. This report shall be due 40 
days after the close of each calendar quarter and shall contain the 
following information: Each frequency assigned to the station or 
stations and the number of hours it was used during the quarter to each 
point of communication for each class of service rendered (such as 
telegraph, telephone, program, or radiophoto), the types of emission 
normally used to each point of communication, and the total hours each 
frequency was used.
    (b) Received frequency report. Upon specific request by the 
Commission, licensees in the international fixed public 
radiocommunication services shall furnish promptly the following 
information regarding frequencies received from all points of 
communication: All frequencies received, including call signs, location 
of transmitting station, type and bandwidth of emission normally 
employed, point of reception, and a symbol from the following table 
indicating the amount of usage of the particular received frequency.

------------------------------------------------------------------------
              Symbol                               Usage
------------------------------------------------------------------------
D................................  Daily regular use during business
                                    days.
O................................  Occasional use; not used daily, but
                                    offered frequently when required by
                                    propagation or operational
                                    conditions.
S................................  Seldom received; where records
                                    indicate light use during the past
                                    year.
L................................  Limited use; limited by solar
                                    activity to a part of the solar
                                    cycle or to a part of each year.
------------------------------------------------------------------------


The following criteria shall be used to determine whether or not a 
frequency shall be reported as received:
    (1) Report all frequencies regularly used during the period under 
consideration.
    (2) Report frequencies received consistently during a substantial 
part of any cyclical change in frequency usefulness even though they may 
be unused for considerable periods of time during another part of the 
cycle.
    (3) Do not report any frequency, the use of which is known to have 
been discontinued or transferred to another operation by a foreign 
correspondent.
    (4) Do not report any frequency which has been inactive for a period 
of 6 months or longer, except as indicated in paragraph (b)(2) of this 
section.

[38 FR 22480, Aug. 21, 1973]

[[Page 233]]



Sec. 23.42  License, simultaneous modification and renewal.

    When an application is granted by the Commission necessitating the 
issuance of a modified license less than 60 days prior to the expiration 
date of the license sought to be modified, and an application for 
renewal of said license is granted subsequent or prior thereto (but 
within 30 days of expiration of the present license) the modified 
license as well as the renewal license shall be issued to conform to the 
combined action of the Commission.



Sec. 23.43  Maintenance tests of licensed stations.

    Station licensees are authorized to carry on such routine tests as 
may be required for the proper maintenance of the stations: Provided, 
That the tests shall be so conducted as not to cause interference with 
the service of other stations.



Sec. 23.44  Station inspection.

    The licensee of any radio station shall make the station available 
for inspection by representatives of the Commission at any reasonable 
hour.



Sec. 23.45  Operator license, posting of.

    The original license of each station operator shall be posted at the 
place where he is on duty.



Sec. 23.46  Operators, class required and general duties.

    (a) The operation and control of all transmitting apparatus licensed 
at a station in the international fixed public radiocommunication 
services shall be carried on only by a person holding a valid operator 
license issued by the Commission, except as provided in other paragraphs 
of this section.
    (b) Classes of operator licenses required are as follows:
    (1) Radiotelegraph stations: Radio-telegraph or Radiotelephone 
first- or second-class license: Provided, however:
    (i) If manual morse code keying is used for transmitting public 
correspondence, the person manipulating the telegraph key shall be the 
holder of a radio-telegraph first- or s