[Title 47 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2007 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          47


          Parts 20 to 39

          Revised as of October 1, 2007


          Telecommunication
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2007
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



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

  Title 47:
          Chapter I--Federal Communications Commission 
          (Continued)                                                3
  Finding Aids:
      Material Approved for Incorporation by Reference........     501
      Table of CFR Titles and Chapters........................     503
      Alphabetical List of Agencies Appearing in the CFR......     521
      Table of OMB Control Numbers............................     531
      List of CFR Sections Affected...........................     541

[[Page iv]]





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

                     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.

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

[[Page v]]



                               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, 2007), 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 
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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.

[[Page vi]]

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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

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and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
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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.

[[Page vii]]


REPUBLICATION OF MATERIAL

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appearing in the Code of Federal Regulations.

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ELECTRONIC SERVICES

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register. The NARA site also contains links to GPO Access.

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

October 1, 2007.

[[Page ix]]



                               THIS TITLE

    Title 47--Telecommunication is composed of five volumes. The parts 
in these volumes are arranged in the following order: Parts 0-19, parts 
20-39, parts 40-69, parts 70-79, and part 80 to end, chapter I--Federal 
Communications Commission. The last volume, part 80 to end, also 
includes chapter II--Office of Science and Technology Policy and 
National Security Council, and chapter III--National Telecommunications 
and Information Administration, Department of Commerce. The contents of 
these volumes represent all current regulations codified under this 
title of the CFR as of October 1, 2007.

    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.

    For this volume, Jonn V. Lilyea was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.


[[Page 1]]



                       TITLE 47--TELECOMMUNICATION




                   (This book contains parts 20 to 39)

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

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

[[Page 3]]



        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)




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

                  SUBCHAPTER B--COMMON CARRIER SERVICES
Part                                                                Page
20              Commercial mobile radio services............           5
22              Public mobile services......................          24
23              International fixed public 
                    radiocommunication services.............         113
24              Personal communications services............         132
25              Satellite communications....................         167
27              Miscellaneous wireless communications 
                    services................................         291
32              Uniform system of accounts for 
                    telecommunications companies............         386
36              Jurisdictional separations procedures; 
                    standard procedures for separating 
                    telecommunications property costs, 
                    revenues, expenses, taxes and reserves 
                    for telecommunications companies........         453
37-39          [Reserved]

Supplementary 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.

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

[[Page 5]]



                  SUBCHAPTER B_COMMON CARRIER SERVICES





PART 20_COMMERCIAL MOBILE RADIO SERVICES--Table of Contents




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

    Authority: 47 U.S.C. 154, 160, 201, 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.

    Appropriate local emergency authority. An emergency answering point 
that has not been officially designated as a Public Safety Answering 
Point (PSAP), but has the capability of receiving 911 calls and either 
dispatching emergency services personnel or, if necessary, relaying the 
call to another emergency service provider. An appropriate local 
emergency authority may include, but is not limited, to an existing 
local law enforcement authority, such as the police, county sheriff, 
local emergency medical services provider, or fire department.
    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

[[Page 6]]

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 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.
    Statewide default answering point. An emergency answering point 
designated by the State to receive 911 calls for either the entire State 
or those portions

[[Page 7]]

of the State not otherwise served by a local PSAP.

[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; 67 FR 1648, Jan. 14, 2002]

    Effective Date Note: At 72 FR 50073, Aug. 30, 2007, Sec. 20.3 was 
amended by adding Automatic Roaming, Home Carrier, Home Market, Host 
Carrier and Manual Roaming, effective Oct. 29, 2007. For the convenience 
of the user, the added text is set forth as follows:

Sec. 20.3  Definitions.

                                * * * * *

    Automatic Roaming. With automatic roaming, under a pre-existing 
contractual agreement between a subscriber's home carrier and a host 
carrier, a roaming subscriber is able to originate or terminate a call 
in the host carrier's service area without taking any special actions.

                                * * * * *

    Home Carrier. For automatic roaming, a home carrier is the 
facilities-based CMRS carrier with which a subscriber has a direct 
contractual relationship. A home carrier may request automatic roaming 
service from a host carrier on behalf of its subscribers.
    Home Market. For automatic roaming, a CMRS carrier's home market is 
defined as any geographic location where the home carrier has a wireless 
license or spectrum usage rights that could be used to provide CMRS.
    Host Carrier. For automatic roaming, the host carrier is a 
facilities-based CMRS carrier on whose system a subscriber roams when 
outside its home carrier's home market.

                                * * * * *

    Manual Roaming. With manual roaming, a subscriber must establish a 
relationship with the host carrier on whose system he or she wants to 
roam in order to make a call. Typically, the roaming subscriber 
accomplishes this in the course of attempting to originate a call by 
giving a valid credit card number to the carrier providing the roaming 
service.

                                * * * * *



Sec. 20.5  Citizenship.

    (a) This rule implements section 310 of the Communications Act, 47 
U.S.C. 310, regarding the citizenship of licensees in the commercial 
mobile radio services. Commercial mobile radio service authorizations 
may not be granted to or held by:
    (1) Any foreign government or any representative thereof;
    (2) Any alien or the representative of any alien;
    (3) Any corporation organized under the laws of any foreign 
government;
    (4) Any corporation of which more than one-fifth of the capital 
stock is owned of record or voted by aliens or their representatives or 
by a foreign government or representative thereof or by any corporation 
organized under the laws of a foreign country; or
    (5) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth of the capital stock is owned 
of record or voted by aliens, their representatives, or by a foreign 
government or representative thereof, or by any corporation organized 
under the laws of a foreign country, if the Commission finds that the 
public interest will be served by the refusal or revocation of such 
license.
    (b) The limits listed in paragraph (a) of this section may be 
exceeded by eligible individuals who held ownership interests on May 24, 
1993, pursuant to the waiver provisions established in section 332(c)(6) 
of the Communications Act. Transfers of ownership to any other person in 
violation of paragraph (a) of this section are prohibited.

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



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 55 MHz of licensed broadband PCS, cellular, and SMR 
spectrum regulated as CMRS with significant overlap in any geographic 
area.
    (b) SMR spectrum. To calculate the amount of attributable SMR 
spectrum for purposes of paragraph (a) of this section, an entity must 
count all 800 MHz and 900 MHz channels located at any SMR base station 
inside the geographic area (MTA or BTA) where there is significant 
overlap. All 800

[[Page 8]]

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 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/

[[Page 9]]

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 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)

[[Page 10]]

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 Sec. 1.948 of this chapter; 
see also Sec. 24.839 of this chapter (PCS)) 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 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.
    (f) Sunset. This rule section shall cease to be effective January 1, 
2003.

    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, as amended at 67 FR 1642, Jan. 14, 2002]



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

[[Page 11]]

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);
    (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.

[[Page 12]]

    (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 
Sec. Sec. 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, and Automated Maritime 
Telecommunications System (AMTS) licensees or applicants, proposing to 
use any Personal Communications Service, VHF Public Coast Station, or 
AMTS spectrum to offer service on a private mobile radio service basis 
must overcome the presumption that Personal Communications Service, VHF 
Public Coast, and AMTS 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, VHF Public Coast 
Station, or AMTS 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, VHF Public Coast 
Station, or AMTS spectrum to offer service on a private mobile radio 
service basis will be placed on public notice by the Commission.
    (2) Any interested party may file a petition to deny the application 
within 30 days after the date of public notice announcing the acceptance 
for filing of the application. The petition shall contain specific 
allegations of fact supported by affidavit(s) of person(s) with personal 
knowledge to show that the applicant's request does not rebut the 
commercial mobile radio service presumption. The petition must be served 
on the applicant and contain a certificate of service to this effect. 
The applicant may file an opposition with allegations of fact supported 
by affidavit. The petitioner may file a reply. No additional pleadings 
will be allowed. The general rules of practice and procedure contained 
in Sec. Sec. 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; 72 FR 31194, June 6, 2007]

[[Page 13]]



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 Sec. Sec. 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.
    (d) Local exchange carriers may not impose compensation obligations 
for traffic not subject to access charges upon commercial mobile radio 
service providers pursuant to tariffs.
    (e) An incumbent local exchange carrier may request interconnection 
from a commercial mobile radio service provider and invoke the 
negotiation and arbitration procedures contained in section 252 of the 
Act. A commercial mobile radio service provider receiving a request for 
interconnection must negotiate in good faith and must, if requested, 
submit to arbitration by the state commission. Once a request for 
interconnection is made, the interim transport and termination pricing 
described in Sec. 51.715 of this chapter shall apply.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 45619, Aug. 29, 1996; 
70 FR 16145, Mar. 30, 2005]



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 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

[[Page 14]]

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]

    Effective Date Note: At 72 FR 50074, Aug. 30, 2007, Sec. 20.12 was 
amended by revising paragraphs (a) and (c) and adding paragraph (d), 
effective Oct. 29, 2007. For the convenience of the user, the added and 
revised text is set forth as follows:

Sec. 20.12  Resale and roaming.

    (a)(1) Scope of Manual Roaming and Resale. Paragraph (c) of 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 re-use 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.
    (2) Scope of Automatic Roaming. Paragraph (d) of this section is 
applicable to CMRS carriers if such carriers 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 carrier to re-use frequencies and accomplish seamless hand-
offs of subscriber calls. Paragraph (d) of this section is also 
applicable to the provision of push-to-talk and text-messaging service 
by CMRS carriers.

                                * * * * *

    (c) Manual Roaming. Each carrier subject to paragraph (a)(1) of this 
section must provide mobile radio service upon request to all 
subscribers in good standing to the services of any carrier subject to 
paragraph (a)(1) of 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.
    (d) Automatic Roaming. Upon a reasonable request, it shall be the 
duty of each host carrier subject to paragraph (a)(2) of this section to 
provide automatic roaming to any technologically compatible home 
carrier, outside of the requesting home carrier's home market, on 
reasonable and nondiscriminatory terms and conditions.



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

[[Page 15]]

commercial mobile radio service provider;
    (iii) Rate information for each commercial mobile radio service 
provider, including trends in each provider's rates during the most 
recent annual period or other data covering another reasonable period if 
annual data is unavailable;
    (iv) An assessment of the extent to which services offered by the 
commercial mobile radio service providers the state proposes to regulate 
are substitutable for services offered by other carriers in the state;
    (v) Opportunities for new providers to enter into the provision of 
competing services, and an analysis of any barriers to such entry;
    (vi) Specific allegations of fact (supported by affidavit of person 
with personal knowledge) regarding anti-competitive or discriminatory 
practices or behavior by commercial mobile radio service providers in 
the state;
    (vii) Evidence, information, and analysis demonstrating with 
particularity instances of systematic unjust and unreasonable rates, or 
rates that are unjust or unreasonably discriminatory, imposed upon 
commercial mobile radio service subscribers. Such evidence should 
include an examination of the relationship between rates and costs. 
Additionally, evidence of a pattern of such rates, that demonstrates the 
inability of the commercial mobile radio service marketplace in the 
state to produce reasonable rates through competitive forces will be 
considered especially probative; and
    (viii) Information regarding customer satisfaction or 
dissatisfaction with services offered by commercial mobile radio service 
providers, including statistics and other information about complaints 
filed with the state regulatory commission.
    (3) Petitions must include a certification that the state agency 
filing the petition is the duly authorized state agency responsible for 
the regulation of telecommunication services provided in the state.
    (4) Petitions must identify and describe in detail the rules the 
state proposes to establish if the petition is granted.
    (5) States have the burden of proof. Interested parties may file 
comments in support or in opposition to the petition within 30 days 
after public notice of the filing of a petition by a state under this 
section. Any interested party may file a reply within 15 days after the 
expiration of the filing period for comments. No additional pleadings 
may be filed. Except for Sec. 1.45 of this chapter, practice and 
procedure rules contained in Sec. Sec. 1.42-1.52 of this chapter shall 
apply. The provisions of Sec. Sec. 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

[[Page 16]]

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 Sec. Sec. 1.771-1.773 of this chapter do not apply.
    (3) The Commission shall act upon any petition filed by any 
interested party under this paragraph within nine months after the 
filing of the petition.



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

    (a) Commercial mobile radio services providers, to the extent 
applicable, must comply with sections 201, 202, 206, 207, 208, 209, 216, 
217, 223, 225, 226, 227, and 228 of the Communications Act, 47 U.S.C. 
201, 202, 206, 207, 208, 209, 216, 217, 223, 225, 226, 227, 228; part 68 
of this chapter, 47 CFR part 68; and Sec. Sec. 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 
Sec. Sec. 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) of this chapter or mobile telephony are 
required to file reports pursuant to Sec. Sec. 1.7000 and 43.11 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.

[[Page 17]]

    (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; 69 FR 77938, Dec. 29, 2004]



Sec. 20.18  911 Service.

    (a) Scope of section. The following requirements are only applicable 
to CMRS providers, excluding mobile satellite service (MSS) operators, 
to the extent that they:
    (1) Offer real-time, two way switched voice service that is 
interconnected with the public switched network; and
    (2) Utilize an in-network switching facility that enables the 
provider to reuse frequencies and accomplish seamless hand-offs of 
subscriber calls. These requirements are applicable to entities that 
offer voice service to consumers by purchasing airtime or capacity at 
wholesale rates from CMRS licensees.
    (b) Basic 911 Service. CMRS providers subject to this section must 
transmit all wireless 911 calls without respect to their call validation 
process to a Public Safety Answering Point, or, where no Public Safety 
Answering Point has been designated, to a designated statewide default 
answering point or appropriate local emergency authority pursuant to 
Sec. 64.3001 of this chapter, 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. CMRS providers 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).
    (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) of this section extend only to delivering 911 
calls and available call party information, including that prescribed in 
paragraph (l) of this section, 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;

[[Page 18]]

    (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.
    (vi) Licensees that meet the enhanced 911 compliance obligations 
through GPS-enabled handsets and have commercial agreements with 
resellers will not be required to include the resellers' handset counts 
in their compliance percentages.
    (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 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--(1) Generally. 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 the Public Safety Answering Point 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.
    (2) Commencement of six-month period. (i) Except as provided in 
paragraph (ii) of this section, for purposes of commencing the six-month 
period for carrier implementation specified in paragraphs (d), (f) and 
(g) of this section, a PSAP will be deemed capable of receiving and 
utilizing the data elements associated with the service requested, if it 
can demonstrate that it has:
    (A) Ordered the necessary equipment and has commitments from 
suppliers to have it installed and operational within such six-month 
period; and
    (B) Made a timely request to the appropriate local exchange carrier 
for the necessary trunking, upgrades, and other facilities.
    (ii) For purposes of commencing the six-month period for carrier 
implementation specified in paragraphs (f) and (g) of this section, a 
PSAP that is

[[Page 19]]

Phase I-capable using a Non-Call Path Associated Signaling (NCAS) 
technology will be deemed capable of receiving and utilizing the data 
elements associated with Phase II service if it can demonstrate that it 
has made a timely request to the appropriate local exchange carrier for 
the ALI database upgrade necessary to receive the Phase II information.
    (3) Tolling of six-month period. Where a wireless carrier has served 
a written request for documentation on the PSAP within 15 days of 
receiving the PSAP's request for Phase I or Phase II enhanced 911 
service, and the PSAP fails to respond to such request within 15 days of 
such service, the six-month period for carrier implementation specified 
in paragraphs (d), (f), and (g) of this section will be tolled until the 
PSAP provides the carrier with such documentation.
    (4) Carrier certification regarding PSAP readiness issues. At the 
end of the six-month period for carrier implementation specified in 
paragraphs (d), (f) and (g) of this section, a wireless carrier that 
believes that the PSAP is not capable of receiving and utilizing the 
data elements associated with the service requested may file a 
certification with the Commission. Upon filing and service of such 
certification, the carrier may suspend further implementation efforts, 
except as provided in paragraph (j)(4)(x) of this section.
    (i) As a prerequisite to filing such certification, no later than 21 
days prior to such filing, the wireless carrier must notify the affected 
PSAP, in writing, of its intent to file such certification. Any response 
that the carrier receives from the PSAP must be included with the 
carrier's certification filing.
    (ii) The certification process shall be subject to the procedural 
requirements set forth in sections 1.45 and 1.47 of this chapter.
    (iii) The certification must be in the form of an affidavit signed 
by a director or officer of the carrier, documenting:
    (A) The basis for the carrier's determination that the PSAP will not 
be ready;
    (B) Each of the specific steps the carrier has taken to provide the 
E911 service requested;
    (C) The reasons why further implementation efforts cannot be made 
until the PSAP becomes capable of receiving and utilizing the data 
elements associated with the E911 service requested; and
    (D) The specific steps that remain to be completed by the wireless 
carrier and, to the extent known, the PSAP or other parties before the 
carrier can provide the E911 service requested.
    (iv) All affidavits must be correct. The carrier must ensure that 
its affidavit is correct, and the certifying director or officer has the 
duty to personally determine that the affidavit is correct.
    (v) A carrier may not engage in a practice of filing inadequate or 
incomplete certifications for the purpose of delaying its 
responsibilities.
    (vi) To be eligible to make a certification, the wireless carrier 
must have completed all necessary steps toward E911 implementation that 
are not dependent on PSAP readiness.
    (vii) A copy of the certification must be served on the PSAP in 
accordance with Sec. 1.47 of this chapter. The PSAP may challenge in 
writing the accuracy of the carrier's certification and shall serve a 
copy of such challenge on the carrier. See Sec. Sec. 1.45 and 1.47 and 
Sec. Sec. 1.720 through 1.736 of this chapter.
    (viii) If a wireless carrier's certification is facially inadequate, 
the six-month implementation period specified in paragraphs (d), (f) and 
(g) of this section will not be suspended as provided for in paragraph 
(j)(4) of this section.
    (ix) If a wireless carrier's certification is inaccurate, the 
wireless carrier will be liable for noncompliance as if the 
certification had not been filed.
    (x) A carrier that files a certification under paragraph (j)(4) of 
this section shall have 90 days from receipt of the PSAP's written 
notice that it is capable of receiving and utilizing the data elements 
associated with the service requested to provide such service in 
accordance with the requirements of paragraphs (d) through (h) of this 
section.

[[Page 20]]

    (5) Modification of deadlines by agreement. Nothing in this section 
shall prevent Public Safety Answering Points and carriers from 
establishing, by mutual consent, deadlines different from those imposed 
for carrier and PSAP compliance in paragraphs (d), (f), and (g)(2) of 
this section.
    (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.
    (l) Non-service-initialized handsets. (1) Licensees subject to this 
section that donate a non-service-initialized handset for purposes of 
providing access to 911 services are required to:
    (i) Program each handset with 911 plus the decimal representation of 
the seven least significant digits of the Electronic Serial Number, 
International Mobile Equipment Identifier, or any other identifier 
unique to that handset;
    (ii) Affix to each handset a label which is designed to withstand 
the length of service expected for a non-service-initialized phone, and 
which notifies the user that the handset can only be used to dial 911, 
that the 911 operator will not be able to call the user back, and that 
the user should convey the exact location of the emergency as soon as 
possible; and
    (iii) Institute a public education program to provide the users of 
such handsets with information regarding the limitations of non-service-
initialized handsets.
    (2) Manufacturers of 911-only handsets that are manufactured on or 
after May 3, 2004, are required to:
    (i) Program each handset with 911 plus the decimal representation of 
the seven least significant digits of the Electronic Serial Number, 
International Mobile Equipment Identifier, or any other identifier 
unique to that handset;
    (ii) Affix to each handset a label which is designed to withstand 
the length of service expected for a non-service-initialized phone, and 
which notifies the user that the handset can only be used to dial 911, 
that the 911 operator will not be able to call the user back, and that 
the user should convey the exact location of the emergency as soon as 
possible; and
    (iii) Institute a public education program to provide the users of 
such handsets with information regarding the limitations of 911-only 
handsets.
    (3) Definitions. The following definitions apply for purposes of 
this paragraph.
    (i) Non-service-initialized handset. A handset for which there is no 
valid service contract with a provider of the services enumerated in 
paragraph (a) of this section.
    (ii) 911-only handset. A non-service-initialized handset that is 
manufactured with the capability of dialing 911 only and that cannot 
receive incoming calls.
    (m) Reseller obligation. (1) Beginning December 31, 2006, resellers 
have an obligation, independent of the underlying licensee, to provide 
access to basic and enhanced 911 service to the extent that the 
underlying licensee of the facilities the reseller uses to provide 
access to the public switched network complies with sections 20.18(d)-
(g).
    (2) Resellers have an independent obligation to ensure that all 
handsets or other devices offered to their customers for voice 
communications and sold after December 31, 2006 are capable of 
transmitting enhanced 911 information to the appropriate PSAP, in 
accordance with the accuracy requirements of section 20.18(i).

[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; 66 FR 55623, Nov. 2, 2001; 67 FR 1648, Jan. 14, 2002; 67 FR 
36117, May 23, 2002; 68 FR 2918, Jan. 22, 2003; 69 FR 2519, Jan. 16, 
2004; 69 FR 6581, Feb. 11, 2004; 72 FR 27708, May 16, 2007]

[[Page 21]]


    Effective Date Notes: 1. At 68 FR 2918, Jan. 22, 2003, Sec. 20.18, 
paragraph (j) was revised. Paragraphs (j)(4) and (5) contain information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.
    2. At 72 FR 27708, May 16, 2007, Sec. 20.18, paragraph (a) was 
revised. The 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. 20.19  Hearing aid-compatible mobile handsets.

    (a) Scope of section. Providers of digital CMRS are subject to 
hearing aid-compatibility requirements to the extent that they:
    (1) Offer real-time, two way switched voice or data service that is 
interconnected with the public switched network; and
    (2) Utilize an in-network switching facility that enables the 
provider to reuse frequencies and accomplish seamless hand-offs of 
subscriber calls. Such providers are subject to the requirements set 
forth in this section to the extent that the established technical 
standard or standards specified in paragraph (b) of this section are 
applicable to the service provided. This section also applies to the 
manufacturers of the wireless phones used in delivery of the services 
specified in this paragraph.
    (b) Technical standard for hearing aid compatibility. The technical 
standard set forth in the standard document ANSI C63.19-2001 ``American 
National Standard for Methods of Measurement of Compatibility between 
Wireless Communication Devices and Hearing Aids, ANSI C63.19-2001'' 
(published October 8, 2001--available for purchase from the American 
National Standards Institute) 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 
(including in part 980, subpart S of this chapter). A wireless phone 
used for these services is hearing aid compatible for the purposes of 
this section if it meets, at a minimum:
    (1) For radio frequency interference: U3 as set forth in the 
standard document ANSI C63.19-2001 ``American National Standard for 
Methods of Measurement of Compatibility between Wireless Communication 
Devices and Hearing Aids, ANSI C63.19-2001'' (published October 8, 
2001--available for purchase from the American National Standards 
Institute); and
    (2) For inductive coupling: U3T rating as set forth in the standard 
document ANSI C63.19-2001 ``American National Standard for Methods of 
Measurement of Compatibility between Wireless Communication Devices and 
Hearing Aids, ANSI C63.19-2001'' (published October 8, 2001--available 
for purchase from the American National Standards Institute).
    (3) Manufacturers must certify compliance with the test requirements 
and indicate the appropriate U-rating for the wireless phone as set 
forth in Sec. 2.1033(d) of this chapter.
    (4) All factual questions of whether a wireless phone meets the 
technical standard of this subsection shall be referred for resolution 
to Chief, Office of Engineering and Technology, Federal Communications 
Commission, 445 12th Street SW., Washington, DC 20554.
    (c) Phase-in for public mobile service handsets concerning radio 
frequency interference. (1) Each manufacturer of handsets used with 
public mobile services for use in the United States or imported for use 
in the United States must:
    (i) Offer to service providers at least two handset models for each 
air interface offered that comply with Sec. 20.19(b)(1) by September 
16, 2005; and
    (ii) Ensure at least 50 percent of their handset offerings for each 
air interface offered comply with Sec. 20.19(b)(1) by February 18, 
2008.
    (2) And each provider of public mobile radio services must:
    (i)(A) Include in its handset offerings at least two handset models 
per air interface that comply with Sec. 20.19(b)(1) by September 16, 
2005, and make available in each retail store owned or operated by the 
provider all of these handset models for consumers to test in the store; 
or
    (B) In the event a provider of public mobile radio services is using 
a TDMA

[[Page 22]]

air interface and plans to overbuild (i.e., replace) its network to 
employ alternative air interface(s), it must:
    (1) Offer two handset models that comply with Sec. 20.19(b)(1) by 
September 16, 2005, to its customers that receive service from the 
overbuilt (i.e., non-TDMA) portion of its network, and make available in 
each retail store it owns or operates all of these handset models for 
consumers to test in the store:
    (2) Overbuild (i.e., replace) its entire network to employ 
alternative air interface(s), and
    (3) Complete the overbuild by September 18, 2006; and
    (ii) Ensure that at least 50 percent of its handset models for each 
air interface comply with Sec. 20.19(b)(1) by February 18, 2008, 
calculated based on the total number of unique digital wireless handset 
models the carrier offers nationwide.
    (3) Each Tier I carrier must:
    (i)(A) Include in its handset offerings four digital wireless 
handset models per air interface or twenty-five percent of the total 
number of digital wireless handset models offered by the carrier 
nationwide (calculated based on the total number of unique digital 
wireless handset models the carrier offers nationwide) per air interface 
that comply with Sec. 20.19(b)(1) by September 16, 2005, and make 
available in each retail store owned or operated by the carrier all of 
these handset models for consumers to test in the store; and
    (B) Include in its handset offerings five digital wireless handset 
models per air interface or twenty-five percent of the total number of 
digital wireless handset models offered by the carrier nationwide 
(calculated based on the total number of unique digital wireless handset 
models the carrier offers nationwide) per air interface that comply with 
Sec. 20.19(b)(1) by September 16, 2006, and make available in each 
retail store owned or operated by the carrier all of these handset 
models for consumers to test in the store; and
    (ii) Ensure that at least 50 percent of their handset models for 
each air interface comply with Sec. 20.19(b)(1) by February 18, 2008, 
calculated based on the total number of unique digital wireless phone 
models the carrier offers nationwide.
    (d) Phase-in for public mobile service handsets concerning inductive 
coupling. (1) Each manufacturer of handsets used with public mobile 
services for use in the United Sates or imported for use in the United 
States must offer to service providers at least two handset models for 
each air interface offered that comply with Sec. 20.19(b)(2) by 
September 18, 2006.
    (2) And each provider of public mobile service must include in their 
handset offerings at least two handset models for each air interface 
that comply with Sec. 20.19(b)(2) by September 18, 2006 and make 
available in each retail store owned or operated by the provider all of 
these handset models for consumers to test in the store.
    (e) De minimis exception. (1) Manufacturers or mobile service 
providers that offer two or fewer digital wireless handsets in the U.S. 
are exempt from the requirements of this section. For mobile service 
providers that obtain handsets only from manufacturers that offer two or 
fewer digital wireless phone models in the U.S., the service provider 
would likewise be exempt from the requirements of this section.
    (2) Manufacturers or mobile service providers that offer three 
digital wireless handset models, must make at least one compliant phone 
model in two years. Mobile service providers that obtain handsets only 
from manufacturers that offer three digital wireless phone models in the 
U.S. would be required to offer at least one compliant handset model.
    (f) Labeling requirements. Handsets used with public mobile services 
that are hearing aid compatible, as defined in Sec. 20.19(b) of this 
chapter, shall clearly display the U-rating, as defined in 20.19(b)(1), 
(2) on the packaging material of the handset. An explanation of the ANSI 
C63.19-2001 U-rating system shall also be included in the owner's manual 
or as an insert in the packaging material for the handset.
    (g) Enforcement. Enforcement of this section is hereby delegated to 
those states which adopt this section and provide for enforcement. The 
procedures followed by a state to enforce

[[Page 23]]

this section shall provide a 30-day period after a complaint is filed, 
during which time state personnel shall attempt to resolve a dispute on 
an informal basis. If a state has not adopted or incorporated this 
section, or failed to act within 6 months from the filing of a complaint 
with the state public utility commission, the Commission will accept 
such complaints. A written notification to the complainant that the 
state believes action is unwarranted is not a failure to act. The 
procedures set forth in part 68, subpart E of this chapter are to be 
followed.

[68 FR 54175, Sept. 16, 2003, as amended at 70 FR 43325, July 27, 2005; 
72 FR 27709, May 16, 2007]



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 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

[[Page 24]]

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]



PART 22_PUBLIC MOBILE SERVICES--Table of Contents




                      Subpart A_Scope and Authority

Sec.
22.1 Basis and purpose.
22.3 Authorization required.
22.5 Citizenship.
22.7 General eligibility.
22.99 Definitions.

             Subpart B_Licensing Requirements and Procedures

                     Applications and Notifications

22.107 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.
22.165 Additional transmitters for existing systems.
22.169 Internal coordination of channel assignments.

                     Competitive Bidding Procedures

22.201 Paging geographic area authorizations are subject to competitive 
          bidding.
22.203-22.211 [Reserved]
22.213 Filing of Long-form applications.
22.215 [Reserved]
22.217 Bidding credits for small businesses.
22.221 Eligibility for partitioned licenses.
22.223 Designated entities.
22.225 Certifications, disclosures, records maintenance, and 
          definitions.
22.227 Petitions to deny and limitations on settlements.
22.228 Cellular rural service area licenses subject to competitive 
          bidding.
22.229 Designated entities.

            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.
22.325 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.

[[Page 25]]

22.359 Emission limitations.
22.365 Antenna structures; air navigation safety.
22.371 Disturbance of AM broadcast station antenna patterns.
22.377 Certification of 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.
22.413 Developmental authorization of 72-76 MHz fixed transmitters.

               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.
22.559 Paging application requirements.

                   One-way or Two-way Mobile Operation

22.561 Channels for one-way or two-way mobile operation.
22.565 Transmitting power limits.
22.567 Technical channel assignment criteria.
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.
22.579 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 Existing microwave stations licensed under this part.
22.602 Transition of the 2110-2130 and 2160-2180 MHz channels to 
          emerging technologies.
22.603 488-494 MHz fixed service in Hawaii.

                      Point-to-Multipoint Operation

22.621 Channels for point-to-multipoint operation.
22.623 System configuration.
22.625 Transmitter locations.
22.627 Effective radiated power limits.

                  470-512 MHz Trunked Mobile Operation

22.651 470-512 MHz channels for trunked mobile operation.
22.653 Eligibility.
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 and basic 
          exchange telephone radio systems.
22.727 Power limits for conventional rural radiotelephone transmitters.
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.

[[Page 26]]

                  General Aviation Air-Ground Stations

22.805 Channels for general aviation air-ground service.
22.807 General aviation air-ground station application requirements.
22.809 Transmitting power limits.
22.813 Technical channel pair assignment criteria.
22.815 Construction period for general aviation ground stations.
22.817 Additional channel policies.

                 Commercial Aviation Air-Ground Systems

22.853 Eligibility to hold interest in licenses limited to 3 MHz of 
          spectrum.
22.857 Frequency bands.
22.859 Incumbent commercial aviation air-ground systems.
22.861 Emission limitations.
22.863 Frequency stability.
22.867 Effective radiated power limits.
22.873 Construction requirements for commercial aviation air-ground 
          systems.
22.877 Unacceptable interference to part 90 non-cellular 800 MHz 
          licensees from commercial aviation air-ground systems.
22.878 Obligation to abate unacceptable interference.
22.879 Interference resolution procedures.
22.880 Information exchange.
22.881 Air-Ground Radiotelephone Service subject to competitive bidding.
22.882 Designated entities.

                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.
22.917 Emission limitations for cellular equipment.
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.
22.935 Procedures for comparative renewal proceedings.
22.936 Dismissal of applications in cellular renewal proceedings.
22.939 Site availability requirements for applications competing with 
          cellular renewal applications.
22.940 Criteria for comparative cellular renewal proceedings.
22.943 Limitations on transfer of control and assignment for 
          authoriziations issued as a result of a comparative renewal 
          proceeding.
22.946 Service commencement and construction systems.
22.947 Five year build-out period.
22.948 Partitioning and Disaggregation.
22.949 Unserved area licensing process.
22.950 Provision of service in the Gulf of Mexico Service Area (GMSA).
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.
22.961-22.967 [Reserved]
22.969 Cellular RSA licenses subject to competitive bidding.
22.970 Unacceptable interference to part 90 non-cellular 800 MHz 
          licensees from cellular radiotelephone or part 90-800 MHz 
          cellular systems.
22.971 Obligation to abate unacceptable interference.
22.972 Interference resolution procedures.
22.973 Information exchange.

                Subpart I_Offshore Radiotelephone Service

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

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

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



                      Subpart A_Scope and Authority



Sec. 22.1  Basis and purpose.

    This section contains a concise general statement of the basis and 
purpose of the rules in this part, pursuant to 5 U.S.C. 553(c).
    (a) Basis. These rules are issued pursuant to the Communications Act 
of 1934, as amended, 47 U.S.C. 151 et. seq.
    (b) Purpose. The purpose of these rules is to establish the 
requirements

[[Page 27]]

and conditions under which radio stations may be licensed and used in 
the Public Mobile Services.

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19307, Apr. 13, 2005]



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, is included in the authorization held by the 
licensee 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 that individual authorizations are required to 
operate rural subscriber stations in the Rural Radiotelephone Service 
under certain circumstances. See Sec. 22.703.

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19307, Apr. 13, 2005]



Sec. 22.5  Citizenship.

    The rules in this section implement section 310 of the 
Communications Act of 1934, as amended (47 U.S.C. Sec. 310), in regard 
to the citizenship of licensees in the Public Mobile Services.
    (a) Foreign governments. The FCC will not grant an authorization in 
the Public Mobile Services to any foreign government or any 
representative thereof.
    (b) Alien ownership or control. The FCC will not grant an 
authorization in the Public Mobile Services to:
    (1) Any alien or the representative of any alien;
    (2) Any corporation organized under the laws of any foreign 
government;
    (3) Any corporation of which more than one-fifth of the capital 
stock is owned of record or voted by aliens or their representatives or 
by a foreign government or representative thereof, 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.

    Any entity, other than those precluded by section 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to 
hold a license under this part. Applications are granted only if the 
applicant is legally, financially, technically and otherwise qualified 
to render the proposed service.

[70 FR 19307, Apr. 13, 2005]



Sec. 22.99  Definitions.

    Terms used in this part have the following meanings:
    Air-Ground Radiotelephone Service. A radio service in which 
licensees 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;

[[Page 28]]

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 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 licensees 
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.
    Channel bandwidth. The spectral width of a channel, as specified in 
this part, within which 99% of the emission power must be contained.

[[Page 29]]

    Channel block. A group of channels that are assigned together, not 
individually.
    Channel pair. Two channels that are assigned together, not 
individually. In this part, channel pairs are indicated by an ellipsis 
between the center frequencies.
    Communications channel. In the Cellular Radiotelephone and Air-
Ground Radiotelephone Services, a channel used to carry subscriber 
communications.
    Construction period. The period between the date of grant of an 
authorization and the date of required commencement of service.
    Control channel. In the Cellular Radiotelephone Service and the Air-
Ground Radiotelephone Service, a channel used to transmit information 
necessary to establish or maintain communications. In the other Public 
Mobile Services, a channel that may be assigned to a control 
transmitter.
    Control point. A location where the operation of a public mobile 
station is supervised and controlled by the licensee of that station.
    Control transmitter. A fixed transmitter in the Public Mobile 
Services that transmits control signals to one or more base or fixed 
stations for the purpose of controlling the operation of the base or 
fixed stations, and/or transmits subscriber communications to one or 
more base or fixed stations that retransmit them to subscribers.
    Dead spots. Small areas within a service area where the field 
strength is lower than the minimum level for reliable service. Service 
within dead spots is presumed.
    Dispatch service. A radiotelephone service comprising communications 
between a dispatcher and one or more mobile units. These communications 
normally do not exceed one minute in duration and are transmitted 
directly through a base station, without passing through mobile 
telephone switching facilities.
    Effective radiated power (ERP). The effective radiated power of a 
transmitter (with antenna, transmission line, duplexers etc.) is the 
power that would be necessary at the input terminals of 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 Sec. Sec. 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.

[[Page 30]]

    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.
    Gulf of Mexico Service Area (GMSA). The cellular market comprising 
the water area of the Gulf of Mexico bounded on the West, North and East 
by the coastline. Coastline, for this purpose, means the line of 
ordinary low water along that portion of the coast which is in direct 
contact with the open sea, and the line marking the seaward limit of 
inland waters. Inland waters include bays, historic inland waters and 
waters circumscribed by a fringe of islands within the immediate 
vicinity of the shoreline.
    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.
    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 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 licensees 
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-

[[Page 31]]

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 licensees are 
authorized to offer and provide mobile and related fixed radio 
telecommunication services for hire to the public.
    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 licensees are 
authorized to offer and provide radio telecommunication services for 
hire to subscribers in areas where it is not feasible to provide 
communication services by wire or other means.
    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

[[Page 32]]

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.

[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; 67 FR 9609, Mar. 4, 2002; 70 
FR 19307, Apr. 13, 2005]



             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 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 Sec. Sec. 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

[[Page 33]]

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 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

[[Page 34]]

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 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

[[Page 35]]

clearance and obstruction marking and lighting specifications (FCC Form 
854) with the FCC at WTB, Spectrum Management Resources and Technologies 
Division, 1270 Fairfield Road, Gettysburg, PA 17325, or electronically 
via the FCC Antenna Structure Registration home page, wireless.fcc.gov/
antenna/.
    (5) The applicant has indicated in the application that the proposed 
facility would not have a significant environmental effect, in 
accordance with Sec. Sec. 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.

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19308, Apr. 13, 2005]



Sec. 22.150  Standard pre-filing technical coordination procedure.

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

[[Page 36]]



Sec. 22.165  Additional transmitters for existing systems.

    A licensee may operate additional transmitters at additional 
locations on the same channel or channel block as its existing system 
without obtaining prior Commission approval provided:
    (a) International coordination. The locations and/or technical 
parameters of the additional transmitters are such that individual 
coordination of the channel assignment(s) with a foreign administration, 
under applicable international agreements and rules in this part, is not 
required.
    (b) Antenna structure 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 Sec. Sec. 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)(1) through (3). 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) once 
yearly during the five-year build-out on the anniversary of the license 
grant date.
    (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

[[Page 37]]

technical information concerning the additional transmitters. At the 
time transmitters are added pursuant to this section, licensees must 
make a record of the pertinent technical and administrative information 
so that such information is readily available. See Sec. 22.303.

[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994; as amended at 
62 FR 11629, Mar. 12, 1997; 63 FR 68944, Dec. 14, 1998; 64 FR 53240, 
Oct. 1, 1999; 67 FR 77190, Dec. 17, 2002]



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  Paging geographic area authorizations 
are subject to competitive bidding.

    Mutually exclusive initial applications for paging geographic area 
licenses are subject to competitive bidding. The general competitive 
bidding procedures set forth in part 1, subpart Q of this chapter will 
apply unless otherwise provided in this subpart and part 90 of this 
chapter.

[67 FR 45366, July 9, 2002]



Sec. Sec. 22.203-22.211  [Reserved]



Sec. 22.213  Filing of long-form applications.

    After an auction, the Commission will not accept long form 
applications for paging geographic authorizations from anyone other than 
the auction winners and parties seeking partitioned authorizations 
pursuant to agreements with auction winners under Sec. 22.221.

[67 FR 45366, July 9, 2002]



Sec. 22.215  [Reserved]



Sec. 22.217  Bidding credit for small businesses.

    A winning bidder that qualifies as a small business, as defined in 
Sec. 22.223(b)(1), or a consortium of small businesses 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, as 
defined in Sec. 22.223(b)(2), or consortium of small businesses may use 
a bidding credit of twenty-five (25) percent to lower the cost of its 
winning bid.

[68 FR 42998, July 21, 2003]



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  Designated entities.

    (a) Scope. The definitions in this section apply to Sec. Sec. 
22.201 through 22.227, unless otherwise specified in those sections.

[[Page 38]]

    (b) A small business is an entity that either:
    (1) Together with its affiliates and controlling interests has 
average gross revenues that are not more than $3 million for the 
preceding three years; or
    (2) Together with its affiliates and controlling interests has 
average gross revenues that are not more than $15 million for the 
preceding three years.

[68 FR 42998, July 21, 2003]



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

    (a) 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 small businesses under Sec. 22.223. 
Licensees (and their successors-in-interest) shall maintain such files 
for the term of the license. Applicants that do not obtain the 
license(s) for which they applied shall maintain such files until the 
grant of such license(s) is final, or one year from the date of the 
filing of their short-form application (FCC Form 175), whichever is 
earlier.
    (b) Definition. The term small business used in this section is 
defined in Sec. 22.223.

[67 FR 45367, July 9, 2002, as amended at 68 FR 42998, July 21, 2003]



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 Sec. 1.939 of this chapter.
    (b) The consideration that an individual or an entity will be 
permitted to receive for agreeing to withdraw an application or petition 
to deny will be limited by the provisions set forth in Sec. 1.935 of 
this chapter.

[67 FR 45367, July 9, 2002]



Sec. 22.228  Cellular rural service area licenses subject
to competitive bidding.

    Mutually exclusive initial applications for Cellular Rural Service 
Area licenses are subject to competitive bidding. The general 
competitive bidding procedures set forth in part 1, subpart Q of this 
chapter will apply unless otherwise provided in this subpart.

[67 FR 45367, July 9, 2002]



Sec. 22.229  Designated entities.

    (a) Eligibility for small business provisions. (1) A very small 
business is an entity that, together with its controlling interests and 
affiliates, has average annual gross revenues not exceeding $3 million 
for the preceding three years.
    (2) A small business is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $15 million for the preceding three years.
    (3) An entrepreneur is an entity that, together with its controlling 
interests and affiliates, has average annual gross revenues not 
exceeding $40 million for the preceding three years.
    (b) Bidding credits. A winning bidder that qualifies as a very small 
business, as defined in this section, or a consortium of very small 
businesses may use the bidding credit specified in Sec. 1.2110(f)(2)(i) 
of this chapter. A winning bidder that qualifies as a small business, as 
defined in this section, or a consortium of small businesses may use the 
bidding credit specified in Sec. 1.2110(f)(2)(ii) of this chapter. A 
winning bidder that qualifies as an entrepreneur, as defined in this 
section, or a consortium of entrepreneurs may use the bidding credit 
specified in Sec. 1.2110(f)(2)(iii) of this chapter.

[67 FR 11434, Mar. 14, 2002, as amended at 68 FR 42998, July 21, 2003]



            Subpart C_Operational and Technical Requirements

                        Operational Requirements



Sec. 22.301  Station inspection.

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

[59 FR 59955, Nov. 21, 1994]

[[Page 39]]



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. 1.929 of this chapter, 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.

[70 FR 61058, Oct. 20, 2005]



Sec. 22.305  Operator and maintenance requirements.

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



Sec. 22.307  Operation during emergency.

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



Sec. 22.313  Station identification.

    The licensee of each station in the Public Mobile Services must 
ensure that the transmissions of that station are identified in 
accordance with the requirements of this section.
    (a) Station identification is not required for transmission by:
    (1) Stations in the Cellular Radiotelephone Service;
    (2) General aviation ground stations in the Air-ground 
Radiotelephone Service;
    (3) [Reserved]
    (4) Stations using Basic Exchange Telephone Radio Systems in the 
Rural Radiotelephone Service;
    (5) [Reserved]
    (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,

[[Page 40]]

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; 70 FR 19308, Apr. 13, 2005]



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 
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

[[Page 41]]

they believe they have been discriminated against.
    (C) Placing employment advertisements in media which have 
significant circulation among minority groups in the recruiting area.
    (D) Recruiting through schools and colleges with significant 
minority group enrollments.
    (E) Maintaining systematic contacts with minority and human 
relations organizations, leaders and spokespersons to encourage referral 
of qualified minority or female applicants.
    (F) Encouraging present employees to refer minority or female 
applicants.
    (G) Making known to the appropriate recruitment sources in the 
employer's immediate area that qualified minority members are being 
sought for consideration whenever the licensee hires.
    (ii) To assure nondiscrimination in selection and hiring. (A) 
Instructing employees of the licensee who make hiring decisions that all 
applicants for all jobs are to be considered without discrimination.
    (B) Where union agreements exist, cooperating with the union or 
unions in the development of programs to assure qualified minority 
persons or females of equal opportunity for employment, and including an 
effective nondiscrimination clause in new or renegotiated union 
agreements.
    (C) Avoiding use of selection techniques or tests that have the 
effect of discriminating against minority groups or females.
    (iii) To assure nondiscriminatory placement and promotion. (A) 
Instructing employees of the licensee who make decisions on placement 
and promotion that minority employees and females are to be considered 
without discrimination, and that job areas in which there is little or 
no minority or female representation should be reviewed to determine 
whether this results from discrimination.
    (B) Giving minority groups and female employees equal opportunity 
for positions which lead to higher positions. Inquiring as to the 
interest and skills of all lower-paid employees with respect to any of 
the higher-paid positions, followed by assistance, counseling, and 
effective measures to enable employees with interest and potential to 
qualify themselves for such positions.
    (C) Reviewing seniority practices to insure that such practices are 
nondiscriminatory and do not have a discriminatory effect.
    (D) Avoiding use of selection techniques or tests that have the 
effect of discriminating against minority groups or females.
    (iv) To assure nondiscrimination in other areas of employment 
practices. (A) Examining rates of pay and fringe benefits for present 
employees with equivalent duties and adjusting any inequities found.
    (B) Providing opportunity to perform overtime work on a basis that 
does not 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

[[Page 42]]

been filed before anybody having competent jurisdiction.
    (1) The report should state the parties involved, the date filing, 
the courts or agencies before which the matters have been heard, the 
appropriate file number (if any), and the respective disposition or 
current status of any such complaints.
    (2) Any licensee who has filed such information with the EEOC may 
file a notification of such filing with the FCC in lieu of a report.
    (d) Complaints of violations of Equal Employment Programs. 
Complaints alleging employment discrimination against a common carrier 
licensee are considered by the FCC in the following manner:
    (1) If a complaint raising an issue of discrimination is received 
against a licensee who is within the jurisdiction of the EEOC, it is 
submitted to that agency. The FCC maintains a liaison with that agency 
that keeps the FCC informed of the disposition of complaints filed 
against common carrier licensees.
    (2) Complaints alleging employment discrimination against a common 
carrier licensee who does not fall under the jurisdiction of the EEOC 
but is covered by appropriate enforceable State law, to which penalties 
apply, may be submitted by the FCC to the respective State agency.
    (3) Complaints alleging employment discrimination against a common 
carrier licensee who does not fall under the jurisdiction of the EEOC or 
an appropriate State law, are accorded appropriate treatment by the FCC.
    (4) The FCC will consult with the EEOC on all matters relating to 
the evaluation and determination of compliance by the common carrier 
licensees with the principles of equal employment as set forth herein.
    (5) Complaints indicating a general pattern of disregard of equal 
employment practices which are received against a licensee that is 
required to file an employment report to the FCC under Sec. 1.815(a) of 
this chapter are investigated by the FCC.
    (e) FCC records. A copy of every annual employment report, equal 
employment opportunity program statement, reports on complaints 
regarding violation of equal employment provisions of Federal, State, 
Territorial, or local law, and copies of all exhibits, letters, and 
other documents filed as part thereof, all amendments thereto, all 
correspondence between the licensee and the FCC pertaining to the 
reports after they have been filed and all documents incorporated 
therein by reference, are open for public inspection at the offices of 
the FCC.
    (f) Licensee records. Each licensee required to file annual 
employment reports (pursuant to Sec. 1.815(a) of this chapter), equal 
employment opportunity program statements, and annual reports on 
complaints regarding violations of equal employment provisions 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. 22.325  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 licensee in each

[[Page 43]]

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.

[70 FR 19308, Apr. 13, 2005]



Sec. 22.352  Protection from interference.

    Public Mobile Service stations operating in accordance with 
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 Sec. Sec. 
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; 70 FR 19308, Apr. 13, 2005]



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 dB[micro]V/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.

[[Page 44]]

    (c) Licensees are not required to resolve blanketing interference to 
mobile receivers or non-RF devices or blanketing interference occurring 
as a result of malfunctioning or mistuned receivers, improperly 
installed consumer antenna systems, or the use of high gain antennas or 
antenna booster amplifiers by consumers.
    (d) Licensees that install transmitting antennas at a location where 
there are already one or more transmitting antennas are responsible for 
resolving any new cases of blanketing interference in accordance with 
this section.
    (e) Two or more licensees that concurrently install transmitting 
antennas at the same location are jointly responsible for resolving 
blanketing interference cases, unless the FCC can readily determine 
which station is causing the interference, in which case the licensee of 
that station is held fully responsible.
    (f) After the one year period of responsibility to resolve 
blanketing interference, licensees must provide upon request technical 
information to complainants on remedies for blanketing interference.



Sec. 22.355  Frequency tolerance.

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

  Table C-1--Frequency Tolerance for Transmitters in the Public Mobile
                                Services
------------------------------------------------------------------------
                                   Base, fixed   Mobile <=3  Mobile  <=3
      Frequency range (MHz)           (ppm)     watts (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 
emissions of any type(s) that comply with the applicable emission rule, 
i.e. Sec. 22.359, Sec. 22.861 or Sec. 22.917.

[70 FR 19308, Apr. 13, 2005]



Sec. 22.359  Emission limitations.

    The rules in this section govern the spectral characteristics of 
emissions in the Public Mobile Services, except for the Air-Ground 
Radiotelephone Service (see Sec. 22.861, instead) and the Cellular 
Radiotelephone Service (see Sec. 22.917, instead).
    (a) Out of band emissions. The power of any emission outside of the 
authorized operating frequency ranges must be attenuated below the 
transmitting power (P) by a factor of at least 43 + 10 log (P) dB.
    (b) Measurement procedure. Compliance with these rules is based on 
the use of measurement instrumentation employing a resolution bandwidth 
of 30 kHz or more. In the 60 kHz bands immediately outside and adjacent 
to the authorized frequency range or channel, a resolution bandwidth of 
at least one percent of the emission bandwidth of the fundamental 
emission of the transmitter may be employed. A narrower resolution 
bandwidth is permitted in all cases to improve measurement accuracy 
provided the measured power is integrated over the full required 
measurement bandwidth (i.e., 30 kHz or 1 percent of emission bandwidth, 
as specified). The emission bandwidth is defined as the width of the 
signal between two points, one below the carrier center frequency and 
one above the carrier center frequency, outside of which all emissions 
are attenuated at least 26 dB below the transmitter power.
    (c) Alternative out of band emission limit. Licensees in the Public 
Mobile Services may establish an alternative out of band emission limit 
to be used at specified frequencies (band edges) in specified 
geographical areas, in lieu of that set forth in this section, pursuant 
to a private contractual arrangement of all affected licensees and 
applicants. In this event, each party to such contract shall maintain a 
copy of the contract in their station files and disclose it to 
prospective assignees or transferees and, upon request, to the FCC.

[[Page 45]]

    (d) Interference caused by out of band emissions. If any emission 
from a transmitter operating in any of the Public Mobile Services 
results in interference to users of another radio service, the FCC may 
require a greater attenuation of that emission than specified in this 
section.

[70 FR 19308, Apr. 13, 2005]



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 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. 22.371  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) 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. 22.377  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

[[Page 46]]

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.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996; 
63 FR 36603, July 7, 1998; 67 FR 77191, Dec. 17, 2002]



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.

    Eligible entities (see Sec. 22.7) 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.

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19309, Apr. 13, 2005]



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 
chapter may be made only in accordance with the provisions of part 5 of 
this chapter.

[[Page 47]]

    (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,
    (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]

[[Page 48]]



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]



               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.

[[Page 49]]

    (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.
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 Sec. Sec. 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

[[Page 50]]

paging geographic area authorization, on the channel specified in that 
paging geographic area authorization, except in the following 
situations:
    (1) FCC grant of an application authorizing the construction of the 
facility could have a significant environmental effect as defined by 
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 Sec. Sec. 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

[[Page 51]]

plans to satisfy the alternative requirement to provide substantial 
service in accordance with paragraph (k)(3) of this section.
    (2) No later than five years after the initial grant of 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.

[[Page 52]]

    (a) Applications in the Paging and Radiotelephone Service may be 
mutually exclusive with applications in the Rural Radiotelephone Service 
if they seek authorization to operate facilities on the same channel in 
the same area, or the technical proposals are otherwise in conflict. See 
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

[[Page 53]]

at least one of the following requirements:
    (i) Either the disaggregator or disaggregatee must satisfy the 
coverage requirements set forth in Sec. 22.503 (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,

[[Page 54]]

the following supplementary information is required: An indication as to 
whether or not the transmitting antenna site is within 200 kilometers 
(124 miles) of the U.S.-Mexico border, and an indication as to whether 
or not the transmitting antenna site is North of Line A or East of Line 
C. Line A and Line C are defined in 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]

                            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)-(b) [Reserved]
    (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, 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

[[Page 55]]

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; 70 FR 19309, Apr. 13, 2005]



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 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

[[Page 56]]

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=1.243xh\0.40\xp\0.20\

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=6.509xh\0.28\xp\0.17\

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 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.

[[Page 57]]



                                     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. 22.559  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

[[Page 58]]

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
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. 22.565  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
------------------------------------------------------------------------


[[Page 59]]

    (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.

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19309, Apr. 13, 2005]



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 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.

[[Page 60]]

    (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=1.609xh\0.40\xp\0.20\

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=8.577xh\0.24\xp\0.19\

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=12.306xh\0.23\xp\0.14\

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=1.726xh\0.35\xp\0.18\

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

[[Page 61]]

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=9.471xh\0.23\xp\0.15\

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=6.336xh\0.31\xp\0.15\

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

d=36.364xh\0.2\x p\0.1\

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. 22.571  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.

[[Page 62]]



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. 22.579  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

[[Page 63]]

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 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
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
 

    (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) [Reserved]
    (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, as amended at 70 
FR 19309, Apr. 13, 2005]



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 isotropically radiated power of existing fixed microwave 
stations (2110-2130 and 2160-2180 MHz) licensed under this part 
(pursuant to former rules) must not exceed the applicable limits set 
forth in Sec. 101.113 of this chapter.

[70 FR 19309, Apr. 13, 2005]



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 
under a regular authorization, rather than a developmental 
authorization.

[[Page 64]]



Sec. 22.601  Existing microwave stations licensed under this part.

    Existing microwave stations (2110-2130 and 2160-2180 MHz) licensed 
under this part (pursuant to former rules) are subject to the transition 
rules in Sec. 22.602. No new microwave 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.

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19309, Apr. 13, 2005]



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

    The 2110-2130 and 2160-2180 MHz microwave channels formerly listed 
in Sec. 22.591 have been re-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) [Reserved]
    (c) Relocation of fixed microwave licensees in the 2110-2130 MHz and 
2160-2180 MHz bands will be subject to mandatory negotiations only. A 
separate mandatory negotiation period will commence for each fixed 
microwave licensee when an ET licensee informs that fixed microwave 
licensee in writing of its desire to negotiate. Mandatory negotiation 
periods are defined as follows:
    (1) Non-public safety incumbents will have a two-year mandatory 
negotiation period; and
    (2) Public safety incumbents will have a three-year mandatory 
negotiation period.
    (d) The mandatory negotiation period is triggered at the option of 
the ET licensee. Once mandatory negotiations have begun, a PARS licensee 
may not

[[Page 65]]

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 end of the mandatory negotiation 
period, 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 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

[[Page 66]]

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) [Reserved]
    (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 MHz 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., for the 2110-
2130 MHz and 2160-2180 MHz bands, ten years after the first ET license 
is issued in the respective band). Once the relocation rules sunset, an 
ET licensee may require the incumbent to cease operations, provided that 
the ET licensee intends to turn on a system within interference range of 
the incumbent, as determined by TIA TSB 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).
    (k) Reimbursement and relocation expenses in the 2110-2130 MHz and 
2160-2180 MHz bands. Whenever an ET licensee in

[[Page 67]]

the 2110-2130 MHz and 2160-2180 MHz band relocates a paired PARS link 
with one path in the 2110-2130 MHz band and the paired path in the 2160-
2180 MHz band, the ET license will be entitled to reimbursement pursuant 
to the procedures described in Sec. Sec. 27.1160 through 27.1174 of 
this chapter.

[61 FR 29689, June 12, 1996, as amended at 70 FR 19309, Apr. 13, 2005; 
71 FR 29834, May 24, 2006]



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
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

[[Page 68]]

 
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
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

[[Page 69]]

 
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).
    (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[m  71[deg]03[min]
                                             in]24.4[sec       22.2[sec]
                                                       ]
Chicago, IL................................  41[deg]52[m  87[deg]38[min]
                                             in]28.1[sec       22.2[sec]
                                                       ]
Cleveland, OH..............................  41[deg]29[m  81[deg]41[min]
                                             in]51.2[sec       49.5[sec]
                                                       ]
Dallas, TX.................................  32[deg]47[m  96[deg]47[min]
                                             in]09.5[sec       38.0[sec]
                                                       ]
Detroit, MI................................  42[deg]19[m  83[deg]02[min]
                                             in]48.1[sec       56.7[sec]
                                                       ]
Houston, TX................................  29[deg]45[m  95[deg]21[min]
                                             in]26.8[sec       37.8[sec]
                                                       ]
Los Angeles, CA............................  34[deg]03[m  18[deg]14[min]
                                             in]15.0[sec       31.3[sec]
                                                       ]
Miami, FL..................................  25[deg]46[m  80[deg]11[min]
                                             in]38.6[sec       31.2[sec]
                                                       ]
New York, NY...............................  40[deg]45[m  73[deg]59[min]
                                             in]6.4[sec]       37.5[sec]
Philadelphia, PA...........................  39[deg]56[m  75[deg]09[min]
                                             in]58.4[sec       19.6[sec]
                                                       ]
Pittsburgh, PA.............................  40[deg]26[m  79[deg]59[min]
                                             in]19.2[sec       59.2[sec]
                                                       ]
San Francisco-Oakland, CA..................  37[deg]46[m  122[deg]24[min
                                             in]38.7[sec      ]43.9[sec]
                                                       ]
Washington, DC.............................  38[deg]53[m  77[deg]00[min]
                                             in]51.4[sec       31.9[sec]
                                                       ]
------------------------------------------------------------------------
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 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:

[[Page 70]]



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

    (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, 
70 FR 19309, Apr. 13, 2005]



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[min]52.2[sec] N.
                                             Lat.
                                             90[deg]30[min]29.5[sec] W.
                                             Long.
                                            Mt. Pleasant, MI,
                                             43[deg]34[min]24.1[sec] N.
                                             Lat.
                                             84[deg]46[min]21.1[sec] W.
                                             Long.
476-482 MHz...............................  Oxford, OH,
482-488 MHz...............................   39[deg]30[min]26.2[sec] N.
488-494 MHz...............................   Lat. 84[deg]44[min]8.8[sec]
494-500 MHz...............................   W. Long.
500-506 MHz...............................  Washington, DC,
506-512 MHz...............................   38[deg]57[min]17.4[sec] N.
                                             Lat.
                                             77[deg]00[min]15.9[sec] W.
                                             Long.
                                            Champaign, IL,
                                             40[deg]04[min]11.1[sec] N.
                                             Lat.
                                             87[deg]54[min]45.1[sec] W.
                                             Long.
                                            Madison, WI,
                                             43[deg]03[min]01.0[sec] N.
                                             Lat.
                                             89[deg]29[min]15.4[sec] W.
                                             Long.
                                            Parkersburg, WV,
                                             39[deg]20[min]50.3[sec] N.
                                             Lat.
                                             81[deg]33[min]55.5[sec] W.
                                             Long.
                                            Fort Wayne, IN,
                                             41[deg]05[min]35.2[sec] N.
                                             Lat.
                                             85[deg]10[min]41.9[sec] W.
                                             Long.
                                            Lancaster, PA,
                                             40[deg]15[min]45.3[sec] N.
                                             Lat.
                                             76[deg]27[min]47.9[sec] W.
                                             Long.
                                            South Bend, IN,
                                             41[deg]36[min]26.2[sec] N.
                                             Lat.
                                             86[deg]27[min]48.1[sec] W.
                                             Long.
                                            Philadelphia, PA,
                                             40[deg]02[min]30.4[sec] N.
                                             Lat.
                                             75[deg]14[min]22.6[sec] W.
                                             Long.

[[Page 71]]

 
                                            None.
                                            Johnstown, PA,
                                             40[deg]19[min]47.3[sec] N.
                                             Lat.
                                             78[deg]53[min]44.1[sec] W.
                                             Long.
                                            Washington, DC,
                                             38[deg]57[min]49.4[sec] N.
                                             Lat.
                                             77[deg]06[min]16.9[sec] W.
                                             Long.
                                            Waterbury, CT,
                                             41[deg]31[min]2.3[sec] N.
                                             Lat.
                                             73[deg]00[min]58.4[sec] 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,                    (15)
                                     43[deg]42[min]30.3[sec]
                                     N. Lat.
                                     72[deg]09[min]14.3[sec]
                                     W. Long..
                                    Madison, WI,                    (15)
                                     43[deg]03[min]01.0[sec]
                                     N. Lat.
                                     89[deg]29[min]15.4[sec]
                                     W. Long..
                                    Champaign, IL,                  (15)
                                     40[deg]04[min]11.1[sec]
                                     N. Lat.
                                     87[deg]54[min]45.1[sec]
                                     W. Long..
                                    San Diego, CA,                  (15)
                                     32[deg]41[min]48.2[sec]
                                     N. Lat.
                                     116[deg]56[min]13.1[sec]
                                     W. Long..
                                    Lancaster, PA,                  (15)
                                     40[deg]15[min]45.3[sec]
                                     N. Lat.
                                     76[deg]27[min]47.9[sec]
                                     W. Long..
                                    Parkersburg, WV,                (15)
                                     39[deg]20[min]50.3[sec]
                                     N. Lat.
                                     81[deg]33[min]55.5[sec]
                                     W. Long..
476-482 MHz.......................  South Bend, IN,                 (16)
                                     41[deg]36[min]26.2[sec]
                                     N. Lat.
                                     86[deg]27[min]48.1[sec]
                                     W. Long..
                                    Pittsburgh, PA,                 (16)
                                     40[deg]26[min]46.2[sec]
                                     N. Lat.
                                     79[deg]57[min]50.2[sec]
                                     W. Long..
                                    Mt. Pleasant, MI,               (14)
                                     43[deg]34[min]24.1[sec]
                                     N. Lat.
                                     84[deg]46[min]21.1[sec]
                                     W. Long..
                                    Scranton, PA,                   (16)
                                     41[deg]10[min]58.3[sec]
                                     N. Lat.
                                     75[deg]52[min]19.7[sec]
                                     W. Long..
482-488 MHz.......................  Hanover, NH,                    (15)
                                     43[deg]42[min]30.3[sec]
                                     N. Lat.
                                     72[deg]09[min]14.3[sec]
                                     W. Long..
                                    Fort Wayne, IN,                 (15)
                                     41[deg]05[min]35.2[sec]
                                     N. Lat.
                                     85[deg]10[min]41.9[sec]
                                     W. Long..
488-494 MHz.......................  Salisbury, MD,                  (16)
                                     38[deg]24[min]15.4[sec]
                                     N. Lat.
                                     75[deg]34[min]43.7[sec]
                                     W. Long..
494-500 MHz.......................  Philadelphia, PA,               (17)
                                     40[deg]02[min]30.4[sec]
                                     N. Lat.
                                     75[deg]14[min]22.6[sec]
                                     W. Long..
500-506 MHz.......................  Washington, DC,                 (20)
                                     38[deg]57[min]17.4[sec]
                                     N. Lat.
                                     77[deg]00[min]15.9[sec]
                                     W. Long..
506-512 MHz.......................  Harrisburg, PA,                 (21)
                                     40[deg]20[min]44.3[sec]
                                     N. Lat.
                                     76[deg]52[min]07.9[sec]
                                     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
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

[[Page 72]]

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

[[Page 73]]

 
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; as amended at 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. 22.657  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[m  95[deg]21[m
                                                in]26.8[sec  in]37.8[sec
                                                          ]            ]
New York, NY-NE NJ............................  40[deg]45[m  73[deg]59[m
                                                in]06.4[sec  in]37.5[sec
                                                          ]            ]
------------------------------------------------------------------------

    (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.

[[Page 74]]

    (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,                  (15)
                                     40[deg]15[min]45.3[sec]
                                     N. Lat.
                                     76[deg]27[min]47.9[sec]
                                     W. Long..
476-482 MHz.......................  Scranton, PA,                   (16)
                                     41[deg]10[min]58.3[sec]
                                     N. Lat.
                                     75[deg]52[min]19.7[sec]
                                     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[min]17.4[sec] N.
                                          Lat. 77[deg]00[min]15.9[sec]
                                          W. Long.
476-482 MHz............................  Lancaster, PA,
                                          40[deg]15[min]45.3[sec] N.
                                          Lat. 76[deg]27[min]47.9[sec]
                                          W. Long.
------------------------------------------------------------------------

    (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[min]17.4[sec] N.
                                          Lat. 77[deg]00[min]15.9[sec]
                                          W. Long.
476-482 MHz............................  Lancaster, PA,
                                          40[deg]15[min]45.3[sec] N.
                                          Lat. 76[deg]27[min]47.9[sec]
                                          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 
dB[micro]V/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

[[Page 75]]

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 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[min]17.4[sec] N.
                                          Lat. 77[deg]00[min]15.9[sec]
                                          W. Long.
476-482 MHz............................  Lancaster, PA,
                                          40[deg]15[min]45.3[sec] N.
                                          Lat. 76[deg]27[min]47.9[sec]
                                          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,                     (15)
                                    43[deg]42[min]30.3[sec]
                                    N. Lat.
                                    72[deg]09[min]14.3[sec]
                                    W. Long.
476-482 MHz......................  Lancaster, PA,                   (15)
482-488 MHz......................   40[deg]15[min]45.3[sec]
                                    N. Lat.
                                    76[deg]27[min]47.9[sec]
                                    W. Long.
                                   Scranton, PA,                    (16)
                                    41[deg]10[min]58.3[sec]
                                    N. Lat.
                                    75[deg]52[min]19.7[sec]
                                    W. Long.
                                   Hanover, NH,                     (15)
                                    43[deg]42[min]30.3[sec]
                                    N. Lat.
                                    72[deg]09[min]14.3[sec]
                                    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

[[Page 76]]

 
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
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

[[Page 77]]

 
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.


[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. Subscribers are 
also eligible to hold authorizations to operate rural subscriber 
stations in the Rural Radiotelephone Service.

[69 FR 75170, Dec. 15, 2004]



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.

[[Page 78]]

    (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;
    (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]



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

[[Page 79]]

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]



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.

[[Page 80]]

               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]



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 and
basic exchange telephone radio systems.

    The following channels are allocated for paired assignment to 
transmitters that provide conventional rural radiotelephone service and 
to transmitters in basic exchange telephone radio systems. 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.

[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995, as amended at 70 
FR 19309, Apr. 13, 2005]



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.

[[Page 81]]



------------------------------------------------------------------------
                                                             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 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.

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19309, Apr. 13, 2005]



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 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

[[Page 82]]

transmitters in basic exchange telephone radio systems.

[70 FR 19309, Apr. 13, 2005]



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=557,418/hm2

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 air-
ground stations and systems. The licensing and operation of these 
stations and systems is also subject to rules elsewhere in this part and 
in part 1 of this chapter that generally apply to the Public Mobile 
Services. In case of conflict, however, the rules in this subpart 
govern.

[70 FR 19309, Apr. 13, 2005]

                  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. 22.807  General aviation air-ground application requirements.

    In addition to the information required by subparts B and D of this 
part, FCC Form 601 applications for authorization to operate a general 
aviation air-ground station 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 (NAD83) correct to 1 second, site 
elevation above mean sea level, proximity

[[Page 83]]

to adjacent market boundaries and international borders;
    (2) Antenna height to tip above ground level, antenna gain in the 
maximum lobe, 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).

[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. Redesignated and 
amended at 70 FR 19309, Apr. 13, 2005]



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. 22.813  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. 1.946 of this chapter) for 
general aviation ground stations is 12 months.

[70 FR 19310, Apr. 13, 2005]



Sec. 22.817  Additional channel policies.

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

[[Page 84]]

    (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.

                 Commercial Aviation Air-Ground Systems



Sec. 22.853  Eligibility to hold interest in licenses limited to 3 MHz of spectrum.

    No individual or entity may hold, directly or indirectly, a 
controlling interest in licenses authorizing the use of more than three 
megahertz of spectrum (either shared or exclusive) in the 800 MHz 
commercial aviation Air-Ground Radiotelephone Service frequency bands 
(see Sec. 22.857). Individuals and entities with either de jure or de 
facto control of a licensee in these bands will be considered to have a 
controlling interest in its license(s). For purposes of this rule, the 
definitions of ``controlling interests'' and ``affiliate'' set forth in 
paragraphs (c)(2) and (c)(5) of Sec. 1.2110 of this chapter shall 
apply.

[70 FR 19310, Apr. 13, 2005]



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

    The 849-851 MHz and 894-896 MHz frequency bands are designated for 
paired nationwide exclusive assignment to the licensee or licensees of 
systems providing radio telecommunications service, including voice and/
or data service, to persons on board aircraft. Air-ground systems 
operating in these frequency bands are referred to in this part as 
``commercial aviation'' systems.

[70 FR 19310, Apr. 13, 2005]



Sec. 22.859  Incumbent commercial aviation air-ground systems.

    This section contains rules concerning continued operation of 
commercial aviation air-ground systems that were originally authorized 
prior to January 1, 2004 to provide radiotelephone service using 
narrowband (6 kHz) channels, and that have been providing service 
continuously since the original commencement of service (hereinafter 
``incumbent systems'').
    (a) An incumbent system may continue to operate under its 
authorization, for the remaining term of such authorization, subject to 
the terms and conditions attached thereto. Wherever such technical and 
operational conditions differ from technical and operational rules in 
this subpart, those conditions shall govern its operations.
    (b) Notwithstanding any other provision in this chapter, the 
licensee of an incumbent system shall not be entitled to an expectation 
of renewal of said authorization.
    (c) During the period that an incumbent system continues to operate 
and provide service pursuant to paragraph (a) of this section, air-
ground systems of licensees holding a new authorization for the spectrum 
within which the incumbent system operates must not cause interference 
to the incumbent

[[Page 85]]

system. Protection from interference requires that the signals of the 
new systems must not exceed a ground station received power of -130 dBm 
within a 6 kHz receive bandwidth, calculated assuming a 0 dBi vertically 
polarized receive antenna.

[70 FR 19310, Apr. 13, 2005]



Sec. 22.861  Emission limitations.

    The rules in this section govern the spectral characteristics of 
emissions for commercial aviation systems in the Air-Ground 
Radiotelephone Service. Commercial aviation air-ground systems may use 
any type of emission or technology that complies with the technical 
rules in this subpart.
    (a) Out of band emissions. The power of any emission outside of the 
authorized operating frequency ranges must be attenuated below the 
transmitting power (P) by a factor of at least 43 + 10 log (P) dB.
    (b) Measurement procedure. Compliance with these rules is based on 
the use of measurement instrumentation employing a resolution bandwidth 
of 100 kHz or greater. In the 1 MHz bands immediately outside and 
adjacent to the frequency block a resolution bandwidth of at least one 
percent of the emission bandwidth of the fundamental emission of the 
transmitter may be employed. A narrower resolution bandwidth is 
permitted in all cases to improve measurement accuracy provided the 
measured power is integrated over the full required measurement 
bandwidth (i.e., 100 kHz or 1 percent of emission bandwidth, as 
specified). The emission bandwidth is defined as the width of the signal 
between two points, one below the carrier center frequency and one above 
the carrier center frequency, outside of which all emissions are 
attenuated at least 26 dB below the transmitter power.
    (c) Alternative out of band emission limit. The licensee(s) of 
commercial aviation air-ground systems, together with affected licensees 
of Cellular Radiotelephone Service systems operating in the spectrum 
immediately below and adjacent to the commercial aviation air-ground 
bands, may establish an alternative out of band emission limit to be 
used at the 849 MHz and 894 MHz band edge(s) in specified geographical 
areas, in lieu of that set forth in this section, pursuant to a private 
contractual arrangement of all affected licensees and applicants. In 
this event, each party to such contract shall maintain a copy of the 
contract in their station files and disclose it to prospective assignees 
or transferees and, upon request, to the FCC.
    (d) Interference caused by out of band 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.

[70 FR 19310, Apr. 13, 2005]



Sec. 22.863  Frequency stability.

    The frequency stability of equipment used under this subpart shall 
be sufficient to ensure that, after accounting for Doppler frequency 
shifts, the occupied bandwidth of the fundamental emissions remains 
within the authorized frequency bands of operation.

[70 FR 19310, Apr. 13, 2005]



Sec. 22.867  Effective radiated power limits.

    The effective radiated power (ERP) of ground and airborne stations 
operating on the frequency ranges listed in Sec. 22.857 must not exceed 
the limits in this section.
    (a) The peak ERP of airborne mobile station transmitters must not 
exceed 12 Watts.
    (b) The peak ERP of ground station transmitters must not exceed 500 
Watts.

[70 FR 19310, Apr. 13, 2005]



Sec. 22.873  Construction requirements for commercial aviation air-ground systems.

    Licensees authorized to use more than one megahertz (1 MHz) of the 
800 MHz commercial aviation air-ground spectrum allocation (see Sec. 
22.857) must make a showing of ``substantial service'' as set forth in 
this section. Failure by any such licensee to meet this requirement will 
result in forfeiture of the license and the licensee will be ineligible 
to regain it. Licensees authorized to use one megahertz or less of the 
800 MHz commercial aviation air-

[[Page 86]]

ground spectrum allocation are not subject to the requirements in this 
section.
    (a) ``Substantial service'' is defined as service that is sound, 
favorable, and substantially above a level of mediocre service that just 
might minimally warrant renewal.
    (b) Each commercial aviation air-ground system subject to the 
requirements of this section must demonstrate substantial service within 
5 years after grant of the authorization. Substantial service may be 
demonstrated by, but is not limited to, either of the following ``safe 
harbor'' provisions:
    (1) Construction and operation of 20 ground stations, with at least 
one ground station located in each of the 10 Federal Aviation 
Administration regions; or,
    (2) Provision of service to the airspace of 25 of the 50 busiest 
airports (as measured by annual passenger boardings).

[70 FR 19310, Apr. 13, 2005]



Sec. 22.877  Unacceptable interference to Part 90 non-cellular 800 MHz 
licensees from commercial aviation air-ground systems.

    The definition of unacceptable interference to non-cellular part 90 
licensees in the 800 MHz band from commercial aviation air-ground 
systems is the same as the definition set forth in Sec. 22.970 which is 
applicable to Cellular Radiotelephone Service systems.

[70 FR 19311, Apr. 13, 2005]



Sec. 22.878  Obligation to abate unacceptable interference.

    This section applies only to commercial aviation ground stations 
transmitting in the 849-851 MHz band, other than commercial aviation 
ground stations operating under the authority of a license originally 
granted prior to January 1, 2004.
    (a) Strict responsibility. Any licensee who, knowingly or 
unknowingly, directly or indirectly, causes or contributes to causing 
unacceptable interference to a non-cellular part 90 licensee in the 800 
MHz band, as defined in Sec. 22.877, shall be strictly accountable to 
abate the interference, with full cooperation and utmost diligence, in 
the shortest time practicable. Interfering licensees shall consider all 
feasible interference abatement measures, including, but not limited to, 
the remedies specified in the interference resolution procedures set 
forth in Sec. 22.879. This strict responsibility obligation applies to 
all forms of interference, including out-of-band emissions and 
intermodulation.
    (b) Joint and Several responsibility. If two or more licensees, 
whether in the commercial aviation air-ground radiotelephone service or 
in the Cellular Radiotelephone Service (see Sec. 22.971), knowingly or 
unknowingly, directly or indirectly, cause or contribute to causing 
unacceptable interference to a non-cellular part 90 licensee in the 800 
MHz band, as defined in Sec. 22.877, such licensees shall be jointly 
and severally responsible for abating interference, with full 
cooperation and utmost diligence, in the shortest practicable time.
    (1) This joint and several responsibility rule requires interfering 
licensees to consider all feasible interference abatement measures, 
including, but not limited to, the remedies specified in the 
interference resolution procedures set forth in Sec. 22.879(c). This 
joint and several responsibility rule applies to all forms of 
interference, including out-of-band emissions and intermodulation.
    (2) Any licensee that can show that its signal does not directly or 
indirectly cause or contribute to causing unacceptable interference to a 
non-cellular part 90 licensee in the 800 MHz band, as defined in Sec. 
22.877, shall not be held responsible for resolving unacceptable 
interference. Notwithstanding, any licensee that receives an 
interference complaint from a public safety/CII licensee shall respond 
to such complaint consistent with the interference resolution procedures 
set forth in Sec. 22.879.

[70 FR 19411, Apr. 13, 2005]



Sec. 22.879  Interference resolution procedures.

    This section applies only to commercial aviation ground stations 
transmitting in the 849-851 MHz band, other than commercial aviation 
ground stations operating under the authority of

[[Page 87]]

a license originally granted prior to January 1, 2004.
    (a) Initial notification. Commercial aviation air-ground system 
licensees may receive initial notification of interference from non-
cellular part 90 licensees in the 800 MHz band pursuant to Sec. 
90.674(a) of this chapter.
    (1) Commercial aviation air-ground system licensees shall join with 
part 90 ESMR licensees and Cellular Radiotelephone Service licensees in 
utilizing an electronic means of receiving the initial notification 
described in Sec. 90.674(a) of this chapter. See Sec. 22.972.
    (2) Commercial aviation air-ground system licensees must respond to 
the initial notification described in Sec. 90.674(a) of this chapter as 
soon as possible and no later than 24 hours after receipt of 
notification from a part 90 public safety/CII licensee. This response 
time may be extended to 48 hours after receipt from other part 90 non-
cellular licensees provided affected communications on these systems are 
not safety related.
    (b) Interference analysis. Commercial aviation air-ground system 
licensees--who receive an initial notification described in Sec. 
90.674(a) of this chapter--shall perform a timely analysis of the 
interference to identify the possible source. Immediate on-site visits 
may be conducted when necessary to complete timely analysis. 
Interference analysis must be completed and corrective action initiated 
within 48 hours of the initial complaint from a part 90 public safety/
CII licensee. This response time may be extended to 96 hours after the 
initial complaint from other part 90 non-cellular licensees provided 
affected communications on these systems are not safety related. 
Corrective action may be delayed if the affected licensee agrees in 
writing (which may be, but is not required to be, recorded via e-mail or 
other electronic means) to a longer period.
    (c) Mitigation steps. Any commercial aviation air-ground system that 
is responsible for causing unacceptable interference to non-cellular 
part 90 licensees in the 800 MHz band shall take affirmative measures to 
resolve such interference.
    (1) Commercial aviation air-ground system licensees found to 
contribute to unacceptable interference, as defined in Sec. 22.877, 
shall resolve such interference in the shortest time practicable. 
Commercial aviation air-ground system licensees must provide all 
necessary test apparatus and technical personnel skilled in the 
operation of such equipment as may be necessary to determine the most 
appropriate means of timely eliminating the interference. However, the 
means whereby interference is abated or the technical parameters that 
may need to be adjusted is left to the discretion of the commercial 
aviation air-ground system licensee, whose affirmative measures may 
include, but not be limited to, the following techniques:
    (i) Increasing the desired power of the public safety/CII signal;
    (ii) Decreasing the power of the commercial aviation air-ground 
system signal;
    (iii) Modifying the commercial aviation air-ground system antenna 
height;
    (iv) Modifying the commercial aviation air-ground system antenna 
characteristics;
    (v) Incorporating filters into the commercial aviation air-ground 
system transmission equipment;
    (vi) Changing commercial aviation air-ground system frequencies; and
    (vii) Supplying interference-resistant receivers to the affected 
public safety/CII licensee(s). If this technique is used, in all 
circumstances, commercial aviation air-ground system licensees shall be 
responsible for all costs thereof.
    (2) Whenever short-term interference abatement measures prove 
inadequate, the affected part 90 non-cellular licensee shall, consistent 
with but not compromising safety, make all necessary concessions to 
accepting interference until a longer-term remedy can be implemented.
    (3) When a part 90 public safety licensee determines that a 
continuing presence of interference constitutes a clear and imminent 
danger to life or property, the licensee causing the interference must 
discontinue the associated operation immediately, until a remedy can be 
identified and applied. The determination that a continuing presence 
exists that constitutes a clear

[[Page 88]]

and imminent danger to life or property, must be made by written 
statement that:
    (i) Is in the form of a declaration, notarized affidavit, or 
statement under penalty or perjury, from an officer or executive of the 
affected public safety licensee;
    (ii) Thoroughly describes the basis of the claim of clear and 
imminent danger;
    (iii) Was formulated on the basis of either personal knowledge or 
belief after due diligence;
    (iv) Is not proffered by a contractor or other third party; and,
    (v) Has been approved by the Chief of the Public Safety and Homeland 
Security Bureau or other designated Commission official. Prior to the 
authorized official making a determination that a clear and imminent 
danger exists, the associated written statement must be served by hand-
delivery or receipted fax on the applicable offending licensee, with a 
copy transmitted by the fastest available means to the Washington, DC 
office of the Commission's Public Safety and Homeland Security Bureau.

[70 FR 19311, Apr. 13, 2005, as amended at 71 FR 69038, Nov. 29, 2006]



Sec. 22.880  Information exchange.

    (a) Prior notification. Public safety/CII licensees may notify a 
commercial aviation air-ground system licensee that they wish to receive 
prior notification of the activation or modification of a commercial 
aviation air-ground system ground station site in their area. 
Thereafter, the commercial aviation air-ground system licensee must 
provide the following information to the public safety/CII licensee at 
least 10 business days before a new ground station is activated or an 
existing ground station is modified:
    (1) Location;
    (2) Effective radiated power;
    (3) Antenna manufacturer, model number, height above ground level 
and up tilt angle, as installed;
    (4) Channels available for use.
    (b) Purpose of prior notification. The prior notification of ground 
station activation or modification is for informational purposes only: 
public safety/CII licensees are not afforded the right to accept or 
reject the activation of a proposed ground station or to unilaterally 
require changes in its operating parameters. The principal purposes of 
prior notification are to:
    (1) Allow a public safety licensee to advise the commercial aviation 
air-ground system licensee whether it believes a proposed ground station 
will generate unacceptable interference;
    (2) Permit commercial aviation air-ground system licensee(s) to make 
voluntary changes in ground station parameters when a public safety 
licensee alerts them to possible interference; and
    (3) Rapidly identify the source if interference is encountered when 
the ground station is activated.

[70 FR 19312, Apr. 13, 2005]



Sec. 22.881  Air-Ground Radiotelephone Service subject to competitive bidding.

    Mutually exclusive initial applications for general aviation Air-
Ground Radiotelephone Service licenses and mutually exclusive initial 
applications for commercial Air-Ground Radiotelephone Service licenses 
are subject to competitive bidding. The general competitive bidding 
procedures set forth in part 1, subpart Q, of this chapter will apply 
unless otherwise provided in this subpart.

[70 FR 76417, Dec. 27, 2005]



Sec. 22.882  Designated entities.

    (a) Eligibility for small business provisions in the commercial Air-
Ground Radiotelephone Service.
    (1) A small business is an entity that, together with its 
affiliates, its controlling interests and the affiliates of its 
controlling interests, has average gross revenues that are not more than 
$40 million for the preceding three years.
    (2) A very small business is an entity that, together with its 
affiliates, its controlling interests and the affiliates of its 
controlling interests, has average gross revenues that are not more than 
$15 million for the preceding three years.
    (b) Bidding credits in the commercial Air-Ground Radiotelephone 
Service.

[[Page 89]]

    (1) A winning bidder that qualifies as a small business, as defined 
in this section, or a consortium of small businesses may use a bidding 
credit of 15 percent, as specified in Sec. 1.2110(f)(2)(iii) of this 
chapter, to lower the cost of its winning bid on a commercial Air-Ground 
Radiotelephone Service license.
    (2) A winning bidder that qualifies as a very small business, as 
defined in this section, or a consortium of very small businesses may 
use a bidding credit of 25 percent, as specified in Sec. 
1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid 
on a commercial Air-Ground Radiotelephone Service license.

[70 FR 76417, Dec. 27, 2005]



                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.

    The licensee of each cellular system is responsible for ensuring 
that its cellular system operates in compliance with this section.
    (a) Each cellular system must provide either mobile service, fixed 
service, or a combination of mobile and fixed service, subject to the 
requirements, limitations and exceptions in this section. Mobile service 
provided may be of any type, including two way radiotelephone, dispatch, 
one way or two way paging, and personal communications services (as 
defined in part 24 of this chapter). Fixed service is considered to be 
primary service, as is mobile service. When both mobile and fixed 
service are provided, they are considered to be co primary services. In 
providing cellular services, each cellular system may incorporate any 
technology that meets all applicable technical requirements in this 
part.
    (b) Until February 18, 2008, each cellular system that provides two-
way cellular mobile radiotelephone service must--
    (1) Maintain the capability to provide compatible analog service 
(``AMPS'') to cellular telephones designed in conformance with the 
specifications contained in sections 1 and 2 of the standard document 
ANSI TIA/EIA-553-A-1999 Mobile Station--Base Station Compatibility 
Standard (approved October 14, 1999); or, the corresponding portions, 
applicable to mobile stations, of whichever of the predecessor standard 
documents was in effect at the time of the manufacture of the telephone. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies of the standard may be purchased from Global Engineering 
Documents, 15 Inverness Way East, Englewood, CO 80112-5704 (or via the 
internet at http://global.ihs.com). Copies are available for inspection 
at the Federal Communications Commission, 445 12th Street, SW, 
Washington, DC 20554, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
    (2) Provide AMPS, upon request, to subscribers and roamers using 
such cellular telephones while such subscribers are located in any 
portion of the cellular system's CGSA where facilities have been 
constructed and service to subscribers has commenced. See also Sec. 
20.12 of this chapter. Cellular licensees must allot sufficient system 
resources such that the quality of AMPS provided, in terms of geographic 
coverage and traffic capacity, is fully adequate to satisfy the 
concurrent need for AMPS availability.

[67 FR 77191, Dec. 17, 2002, as amended at 69 FR 18803, Apr. 9, 2004]



Sec. 22.905  Channels for cellular service.

    The following frequency bands are allocated for assignment to 
service providers in the Cellular Radiotelephone Service.

[[Page 90]]

    (a) Channel Block A: 869-880 MHz paired with 824-835 MHz, and 890-
891.5 MHz paired with 845-846.5 MHz.
    (b) Channel Block B: 880-890 MHz paired with 835-845 MHz, and 891.5-
894 MHz paired with 846.5-849 MHz.

[67 FR 77191, Dec. 17, 2002]



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 ``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=2.531xh\0.34\ xp\0.17\

where:

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

    (2) The distance from a cell transmitting antenna located in the 
Gulf of Mexico Service Area (GMSA) to its SAB along each cardinal radial 
is calculated as follows:


d = 6.895 x h\0.30\x p\0.15\

Where:

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

[[Page 91]]

    (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.
    (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 
dB[micro]V/m (i.e. does not exceed 32 dB[micro]V/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 the cell sites to the 32 dBuV/m contour along the 
eight cardinal radials, with points in other azimuthal directions 
determined by the method given in 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 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 coverage radius of 
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)

[[Page 92]]

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).
    (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; 67 FR 9609, Mar. 4, 2002; 67 FR 77191, Dec. 
17, 2002; 68 FR 42295, July 17, 2003]



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).

[[Page 93]]

    (a) De minimis extensions. Except as otherwise provided in 
paragraphs (b) and (d) of this section, SABs may be extended 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, any part of the Gulf of Mexico 
Exclusive Zone (GMEZ), 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 otherwise provided in paragraph 
(d) of this section, cellular system licensees may enter into contracts 
to allow SAB extensions as follows:
    (1) The licensee of any cellular system may, at any time, enter into 
a contract with an applicant for, or licensee of, a cellular system on 
the same channel block in an adjacent cellular market, to allow one or 
more SAB extensions into its CGSA only (not into unserved area).
    (2) The licensee of the first authorized cellular system on each 
channel block in the Gulf of Mexico Service Area (GMSA) may enter into a 
contract with an applicant for, or licensee of, a cellular system on the 
same channel block in an adjacent cellular market or in the Gulf of 
Mexico Coastal Zone (GMCZ), to allow one or more SAB extensions into the 
Gulf of Mexico Exclusive Zone.
    (3) The licensee of the first authorized cellular system on each 
channel block in each cellular market may enter into a contract with an 
applicant for or licensee of a cellular system on the same channel block 
in an adjacent cellular market, to allow one or more SAB extensions into 
its CGSA and/or unserved area in its cellular market, during its five 
year build-out period.
    (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 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.

[59 FR 59507, Nov. 17, 1994, as amended at 68 FR 42295, July 17, 2003]



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. In general, the effective radiated power (ERP) of 
base transmitters and cellular repeaters must not exceed 500 Watts. 
However, for those systems operating in areas more than 72 km (45 miles) 
from international borders that:
    (1) Are located in counties with population densities of 100 persons 
or fewer per square mile, based upon the most recently available 
population statistics from the Bureau of the Census; or,
    (2) Extend coverage on a secondary basis into cellular unserved 
areas, as those areas are defined in Sec. 22.949, the

[[Page 94]]

ERP of base transmitters and cellular repeaters of such systems must not 
exceed 1000 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.

[59 FR 59507, Nov. 17, 1994, as amended at 69 FR 75171, Dec. 15, 2004]



Sec. 22.917  Emission limitations for cellular equipment.

    The rules in this section govern the spectral characteristics of 
emissions in the Cellular Radiotelephone Service.
    (a) Out of band emissions. The power of any emission outside of the 
authorized operating frequency ranges must be attenuated below the 
transmitting power (P) by a factor of at least 43 + 10 log(P) dB.
    (b) Measurement procedure. Compliance with these rules is based on 
the use of measurement instrumentation employing a resolution bandwidth 
of 100 kHz or greater. In the 1 MHz bands immediately outside and 
adjacent to the frequency block a resolution bandwidth of at least one 
percent of the emission bandwidth of the fundamental emission of the 
transmitter may be employed. A narrower resolution bandwidth is 
permitted in all cases to improve measurement accuracy provided the 
measured power is integrated over the full required measurement 
bandwidth (i.e. 100 kHz or 1 percent of emission bandwidth, as 
specified). The emission bandwidth is defined as the width of the signal 
between two points, one below the carrier center frequency and one above 
the carrier center frequency, outside of which all emissions are 
attenuated at least 26 dB below the transmitter power.
    (c) Alternative out of band emission limit. Licensees in this 
service may establish an alternative out of band emission limit to be 
used at specified band edge(s) in specified geographical areas, in lieu 
of that set forth in this section, pursuant to a private contractual 
arrangement of all affected licensees and applicants. In this event, 
each party to such contract shall maintain a copy of the contract in 
their station files and disclose it to prospective assignees or 
transferees and, upon request, to the FCC.
    (d) Interference caused by out of band 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.

[67 FR 77191, Dec. 17, 2002]



Sec. 22.921  911 call processing procedures; 911-only calling mode.

    Mobile telephones manufactured after February 13, 2000 that are 
capable of operating in the analog mode described in the standard 
document ANSI TIA/EIA-553-A-1999 Mobile Station--Base Station 
Compatibility Standard (approved October 14, 1999--available for 
purchase from Global Engineering Documents, 15 Inverness East, 
Englewood, CO 80112), must incorporate a special procedure for 
processing 911 calls. Such procedure must recognize when a 911 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 
transmitted through the analog systems of other carriers. This special 
procedure must incorporate one or more of the 911 call system selection 
processes endorsed or approved by the FCC.

[67 FR 77192, Dec. 17, 2002]



Sec. 22.923  Cellular system configuration.

    Mobile stations communicate with and through base transmitters only.

[[Page 95]]

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.''



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]



Sec. 22.935  Procedures for comparative renewal proceedings.

    The procedures in this section apply to comparative renewal 
proceedings in the Cellular Radiotelephone Service.

[[Page 96]]

    (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 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

[[Page 97]]

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:
    (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

[[Page 98]]

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. 22.939  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

[[Page 99]]

issues will be included in comparative cellular renewal proceedings, if 
a full comparative hearing is conducted pursuant to Sec. 22.935(c).
    (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. 22.943  Limitations on transfer of control and assignment for 
authorizations issued as a result of a comparative renewal proceeding.

    Except as otherwise provided in 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.
    (a) 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.
    (b) 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.
    (c) 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.

[67 FR 77192, Dec. 17, 2002]



Sec. 22.946  Service commencement and construction 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).

[[Page 100]]



                   Table H-1--Commencement of Service
------------------------------------------------------------------------
        Type of cellular system          Required to commence service in
------------------------------------------------------------------------
The first system authorized on each      36 months.
 channel block in markets 1-90.
The first system authorized on each      18 months.
 channel block in all other markets and
 any subsequent systems authorized
 pursuant to contracts in partitioned
 markets.
The first system authorized on each      No requirement.
 channel block in the Gulf of Mexico
 Exclusive Zone.
All other systems......................  12 months.
------------------------------------------------------------------------

    (b) To satisfy this requirement, 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 considered to be providing service 
only if mobile stations can originate telephone calls to and receive 
telephone calls from wireline telephones through the PSTN.
    (c) Construction period for specific facilities. The construction 
period applicable to specific new or modified cellular facilities for 
which a separate authorization is granted is one year, beginning on the 
date the authorization is granted.

[67 FR 9609, Mar. 4, 2002, as amended at 67 FR 77192, Dec. 17, 2002]



Sec. 22.947  Five year build-out period.

    Except for systems authorized in the Gulf of Mexico Exclusive Zone, 
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 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 Federal Communications Commission, Wireless 
Telecommunications Bureau, Mobility Division, 445 12th Street, SW., 
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

[[Page 101]]

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\x11 
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\x11 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; 67 FR 13225, Mar. 21, 2002; 67 FR 9609, Mar. 
4, 2002; 70 FR 61058, Oct. 20, 2005]



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 disaggregated spectrum shall be the remainder of the original 
cellular licensee's or the unserved area licensee's license term.

[65 FR 37057, June 13, 2000, as amended at 70 FR 61059, Oct. 20, 2005]



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. 
This section also sets forth the Phase II process applicable to 
applications to serve the Gulf of Mexico Coastal Zone.
    (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.

[[Page 102]]

    (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.
    (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.

[[Page 103]]

    (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. 1.927 of this chapter, 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; 67 FR 9610, Mar. 4, 2002; 70 FR 61059, Oct. 
20, 2005]



Sec. 22.950  Provision of service in the Gulf of Mexico Service Area (GMSA)

    The GMSA has been divided into two areas for licensing purposes, the 
Gulf of Mexico Exclusive Zone (GMEZ) and the Gulf of Mexico Coastal Zone 
(GMCZ). This section describes these areas and sets forth the process 
for licensing facilities in these two respective areas within the GMSA.
    (a) The GMEZ and GMCZ are defined as follows:
    (1) Gulf of Mexico Exclusive Zone. The geographical area within the 
Gulf of Mexico Service Area that lies between the coastline line and the 
southern demarcation line of the Gulf of Mexico Service Area, excluding 
the area comprising the Gulf of Mexico Coastal Zone.
    (2) Gulf of Mexico Coastal Zone. The geographical area within the 
Gulf of Mexico Service Area that lies between the coast line of Florida 
and a line extending approximately twelve nautical miles due south from 
the coastline boundary of the States of Florida and Alabama, and 
continuing along the west coast of Florida at a distance of twelve 
nautical miles from the shoreline. The line is defined by Great Circle 
arcs connecting the following points (geographical coordinates listed as 
North Latitude, West Longitude) consecutively in the order listed:
(i) 30[deg]16[min]49[sec] N 87[deg]31[min]06[sec] W
(ii) 30[deg]04[min]35[sec] N 87[deg]31[min]06[sec] W
(iii) 30[deg]10[min]56[sec] N 86[deg]26[min]53[sec] W
(iv) 30[deg]03[min]00[sec] N 86[deg]00[min]29[sec] W
(v) 29[deg]33[min]00[sec] N 85[deg]32[min]49[sec] W
(vi) 29[deg]23[min]21[sec] N 85[deg]02[min]06[sec] W
(vii) 29[deg]49[min]44[sec] N 83[deg]59[min]02[sec] W
(viii) 28[deg]54[min]00[sec] N 83[deg]05[min]33[sec] W
(ix) 28[deg]34[min]41[sec] N 82[deg]53[min]38[sec] W
(x) 27[deg]50[min]39[sec] N 83[deg]04[min]27[sec] W
(xi) 26[deg]24[min]22[sec] N 82[deg]23[min]22[sec] W
(xii) 25[deg]41[min]39[sec] N 81[deg]49[min]40[sec] W
(xiii) 24[deg]59[min]02[sec] N 81[deg]15[min]04[sec] W
(xiv) 24[deg]44[min]23[sec] N 81[deg]57[min]04[sec] W
(xv) 24[deg]32[min]37[sec] N 82[deg]02[min]01[sec] W
    (b) Service Area Boundary Calculation. The service area boundary of 
a cell site located within the Gulf of Mexico Service Area is calculated 
pursuant to Sec. 22.911(a)(2). Otherwise, the service area boundary is 
calculated pursuant to Sec. Sec. 22.911(a)(1) or 22.911(b).
    (c) Operation within the Gulf of Mexico Exclusive Zone (GMEZ). GMEZ 
licensees have exclusive right to provide service in the GMEZ, and may 
add, modify, or remove facilities anywhere within the GMEZ without prior 
Commission approval. There is no five-year buildout period for GMEZ 
licensees, no requirement to file system information update maps 
pursuant to Sec. 22.947, and no unserved area licensing procedure for 
the GMEZ.
    (d) Operation within the Gulf of Mexico Coastal Zone (GMCZ). The 
GMCZ is subject to the Phase II unserved area licensing procedures set 
forth in Sec. 22.949(b).

[67 FR 9610, Mar. 4, 2002]

[[Page 104]]



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 Sec. Sec. 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 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\x11 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(a) and (b) of this chapter, must 
file FCC Form 601

[[Page 105]]

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(k) of this chapter--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) through (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; 70 FR 61059, Oct. 
20, 2005]



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.



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. The general competitive bidding procedures set 
forth in part 1, subpart Q of this chapter will apply unless otherwise 
provided in this subpart.

[67 FR 45367, July 9, 2002]



Sec. Sec. 22.961-22.967  [Reserved]



Sec. 22.969  Cellular RSA licenses subject to competitive bidding.

    Mutually exclusive applications for initial authorization for the 
following Cellular Rural Service Areas filed after the effective date of 
this rule are subject to competitive bidding procedures as prescribed by 
Sections 22.228 and 22.229: 332A--Polk, AR; 582A--Barnes, ND; 672A--
Chambers, TX; and 727A--Ceiba, PR.

[67 FR 11434, Mar. 14, 2002]

[[Page 106]]



Sec. 22.970  Unacceptable interference to part 90 non-cellular 800 MHz
licensees from cellular radiotelephone or part 90-800 MHz cellular systems.

    (a) Definition. Except as provided in 47 CFR 90.617(k), unacceptable 
interference to non-cellular part 90 licensees in the 800 MHz band from 
cellular radiotelephone or part 90-800 MHz cellular systems will be 
deemed to occur when the below conditions are met:
    (1) A transceiver at a site at which interference is encountered:
    (i) Is in good repair and operating condition, and is receiving:
    (A) A median desired signal of -104 dBm or higher, as measured at 
the R.F. input of the receiver of a mobile unit; or
    (B) A median desired signal of -101 dBm or higher, as measured at 
the R.F. input of the receiver of a portable i.e. hand-held unit; and, 
either
    (ii) Is a voice transceiver:
    (A) With manufacturer published performance specifications for the 
receiver section of the transceiver equal to, or exceeding, the minimum 
standards set out in paragraph (b) of this section, below; and;
    (B) Receiving an undesired signal or signals which cause the 
measured Carrier to Noise plus interference (C/(I+N)) ratio of the 
receiver section of said transceiver to be less than 20 dB, or,
    (iii) Is a non-voice transceiver receiving an undesired signal or 
signals which cause the measured bit error rate (BER) (or some 
comparable specification) of the receiver section of said transceiver to 
be more than the value reasonably designated by the manufacturer.
    (2) Provided, however, that if the receiver section of the mobile or 
portable voice transceiver does not conform to the standards set out in 
paragraph (b) of this section, then that transceiver shall be deemed 
subject to unacceptable interference only at sites where the median 
desired signal satisfies the applicable threshold measured signal power 
in paragraph (a)(1)(i) of this section after an upward adjustment to 
account for the difference in receiver section performance. The upward 
adjustment shall be equal to the increase in the desired signal required 
to restore the receiver section of the subject transceiver to the 20 dB 
C/(I+N) ratio of paragraph (a)(1)(ii)(B) of this section. The adjusted 
threshold levels shall then define the minimum measured signal power(s) 
in lieu of paragraphs (a)(1)(i) of this section at which the licensee 
using such non-compliant transceiver is entitled to interference 
protection.
    (b) Minimum receiver requirements. Voice transceivers capable of 
operating in the 806-824 MHz portion of the 800 MHz band shall have the 
following minimum performance specifications in order for the system in 
which such transceivers are used to claim entitlement to full protection 
against unacceptable interference (See paragraph (a) (2) of this 
section).
    (1) Voice units intended for mobile use: 75 dB intermodulation 
rejection ratio; 75 dB adjacent channel rejection ratio; -116 dBm 
reference sensitivity.
    (2) Voice units intended for portable use: 70 dB intermodulation 
rejection ratio; 70 dB adjacent channel rejection ratio; -116 dBm 
reference sensitivity.

[69 FR 67834, Nov. 22, 2004, as amended at 70 FR 76707, Dec. 28, 2005]



Sec. 22.971  Obligation to abate unacceptable interference.

    (a) Strict Responsibility. Any licensee who, knowingly or 
unknowingly, directly or indirectly, causes or contributes to causing 
unacceptable interference to a non-cellular part 90 of this chapter 
licensee in the 800 MHz band, as defined in Sec. 22.970, shall be 
strictly accountable to abate the interference, with full cooperation 
and utmost diligence, in the shortest time practicable. Interfering 
licensees shall consider all feasible interference abatement measures, 
including, but not limited to, the remedies specified in the 
interference resolution procedures set forth in Sec. 22.972(c). This 
strict responsibility obligation applies to all forms of interference, 
including out-of-band emissions and intermodulation.
    (b) Joint and several responsibility. If two or more licensees 
knowingly or unknowingly, directly or indirectly, cause or contribute to 
causing unacceptable interference to a non-cellular part 90 of this 
chapter licensee in the 800 MHz band, as defined in Sec. 22.970,

[[Page 107]]

such licensees shall be jointly and severally responsible for abating 
interference, with full cooperation and utmost diligence, in the 
shortest practicable time.
    (1) This joint and several responsibility rule requires interfering 
licensees to consider all feasible interference abatement measures, 
including, but not limited to, the remedies specified in the 
interference resolution procedures set forth in Sec. 22.972(c). This 
joint and several responsibility rule applies to all forms of 
interference, including out-of-band emissions and intermodulation.
    (2) Any licensee that can show that its signal does not directly or 
indirectly, cause or contribute to causing unacceptable interference to 
a non-cellular part 90 of this chapter licensee in the 800 MHz band, as 
defined in this chapter, shall not be held responsible for resolving 
unacceptable interference. Notwithstanding, any licensee that receives 
an interference complaint from a public safety/CII licensee shall 
respond to such complaint consistent with the interference resolution 
procedures set forth in this chapter.

[69 FR 67834, Nov. 22, 2004, as amended at 70 FR 76707, Dec. 28, 2005]



Sec. 22.972  Interference resolution procedures.

    (a) Initial notification. (1) Cellular Radiotelephone licensees may 
receive initial notification of interference from non-cellular part 90 
of this chapter licensees in the 800 MHz band pursuant to Sec. 
90.674(a) of this chapter.
    (2) Cellular Radiotelephone licensees, in conjunction with part 90 
ESMR licensees, shall establish an electronic means of receiving the 
initial notification described in Sec. 90.674(a) of this chapter. The 
electronic system must be designed so that all appropriate Cellular 
Radiotelephone licensees and part 90 ESMR licensees can be contacted 
about the interference incident with a single notification. The 
electronic system for receipt of initial notification of interference 
complaints must be operating no later than February 22, 2005.
    (3) Cellular Radiotelephone licensees must respond to the initial 
notification described in Sec. 90.674(a) of this chapter, as soon as 
possible and no later than 24 hours after receipt of notification from a 
part 90 public safety/CII licensee. This response time may be extended 
to 48 hours after receipt from other part 90 non-cellular licensees 
provided affected communications on these systems are not safety 
related.
    (b) Interference analysis. Cellular Radiotelephone licensees--who 
receive an initial notification described in Sec. 90.674(a) of this 
chapter--shall perform a timely analysis of the interference to identify 
the possible source. Immediate on-site visits may be conducted when 
necessary to complete timely analysis. Interference analysis must be 
completed and corrective action initiated within 48 hours of the initial 
complaint from a part 90 of this chapter public safety/CII licensee. 
This response time may be extended to 96 hours after the initial 
complaint from other part 90 of this chapter non-cellular licensees 
provided affected communications on these systems are not safety 
related. Corrective action may be delayed if the affected licensee 
agrees in writing (which may be, but is not required to be, recorded via 
e-mail or other electronic means) to a longer period.
    (c) Mitigation steps. (1) All Cellular Radiotelephone and part 90 of 
this chapter--800 MHz cellular system licensees who are responsible for 
causing unacceptable interference shall take all affirmative measures to 
resolve such interference. Cellular Radiotelephone licensees found to 
contribute to unacceptable interference, as defined in Sec. 22.970, 
shall resolve such interference in the shortest time practicable. 
Cellular Radiotelephone licensees and part 90 of this chapter--800 MHz 
cellular system licensees must provide all necessary test apparatus and 
technical personnel skilled in the operation of such equipment as may be 
necessary to determine the most appropriate means of timely eliminating 
the interference. However, the means whereby interference is abated or 
the cell parameters that may need to be adjusted is left to the 
discretion of the Cellular Radiotelephone and/or part 90 of this 
chapter--800 MHz cellular system licensees, whose affirmative measures 
may include, but not be limited to, the following techniques:

[[Page 108]]

    (i) Increasing the desired power of the public safety/CII signal;
    (ii) Decreasing the power of the part 90 ESMR and/or Cellular 
Radiotelephone system signal;
    (iii) Modifying the part 90 ESMR and/or Cellular Radiotelephone 
system antenna height;
    (iv) Modifying the part 90 ESMR and/or Cellular Radiotelephone 
system antenna characteristics;
    (v) Incorporating filters into part 90 ESMR and/or Cellular 
Radiotelephone transmission equipment;
    (vi) Permanently changing part 90 ESMR and/or Cellular 
Radiotelephone frequencies; and
    (vii) Supplying interference-resistant receivers to the affected 
public safety/CII licensee(s). If this technique is used, in all 
circumstances, Cellular Radiotelephone and/or part 90 of this chapter 
ESMR licensees shall be responsible for all costs thereof.
    (2) Whenever short-term interference abatement measures prove 
inadequate, the affected part 90 of this chapter non-cellular licensee 
shall, consistent with but not compromising safety, make all necessary 
concessions to accepting interference until a longer-term remedy can be 
implemented.
    (3) Discontinuing operations when clear imminent danger exists. When 
a part 90 of this chapter public safety licensee determines that a 
continuing presence of interference constitutes a clear and imminent 
danger to life or property, the licensee causing the interference must 
discontinue the associated operation immediately, until a remedy can be 
identified and applied. The determination that a continuing presence 
exists that constitutes a clear and imminent danger to life or property, 
must be made by written statement that:
    (i) Is in the form of a declaration, notarized affidavit, or 
statement under penalty or perjury, from an officer or executive of the 
affected public safety licensee;
    (ii) Thoroughly describes the basis of the claim of clear and 
imminent danger;
    (iii) Was formulated on the basis of either personal knowledge or 
belief after due diligence;
    (iv) Is not proffered by a contractor or other third party; and
    (v) Has been approved by the Chief of the Public Safety and Homeland 
Security Bureau or other designated Commission official. Prior to the 
authorized official making a determination that a clear and imminent 
danger exists, the associated written statement must be served by hand-
delivery or receipted fax on the applicable offending licensee, with a 
copy transmitted by the fastest available means to the Washington, DC 
office of the Commission's Public Safety and Homeland Security Bureau.

[69 FR 67834, Nov. 22, 2004, as amended at 70 FR 76707, Dec. 28, 2005; 
71 FR 69038, Nov. 29, 2006]



Sec. 22.973  Information exchange.

    (a) Prior notification. Public safety/CII licensees may notify a 
part 90 ESMR or cellular radiotelephone licensee that they wish to 
receive prior notification of the activation or modification of part 90 
ESMR or cellular radiotelephone cell sites in their area. Thereafter, 
the part 90 ESMR or cellular radiotelephone licensee must provide the 
following information to the public safety/CII licensee at least 10 
business days before a new cell site is activated or an existing cell 
site is modified:
    (1) Location;
    (2) Effective radiated power;
    (3) Antenna height;
    (4) Channels available for use.
    (b) Purpose of prior notification. The prior coordination of cell 
sites is for informational purposes only. Public safety/CII licensees 
are not afforded the right to accept or reject the activation of a 
proposed cell or to unilaterally require changes in its operating 
parameters. The principal purposes of notification are to:
    (1) Allow a public safety licensee to advise the part 90 of this 
chapter ESMR or Cellular Radiotelephone licensee whether it believes a 
proposed cell will generate unacceptable interference;
    (2) Permit Cellular Radiotelephone or part 90 of this chapter ESMR 
licensees to make voluntary changes in cell parameters when a public 
safety licensee alerts them to possible interference; and

[[Page 109]]

    (3) Rapidly identify the source if interference is encountered when 
the cell is activated.

[69 FR 67834, Nov. 22, 2004]



                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.



Sec. 22.1003  Eligibility.

    Any eligible entity (see Sec. 22.7) may apply for central station 
license(s) and/or offshore subscriber licenses under this subpart.

[70 FR 19312, Apr. 13, 2005]



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[min] on the East to longitude 
W.94[deg]00[min] 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)

[[Page 110]]

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.

------------------------------------------------------------------------
           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[min] on the East to longitude 
W.95[deg]00[min] 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
------------------------------------------------------------------------



[[Page 111]]

    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[min] 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[min] 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 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

[[Page 112]]

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 (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

[[Page 113]]

 
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 (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[min], 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.



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.

[[Page 114]]

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; 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.

    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

[[Page 115]]

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 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

[[Page 116]]

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;
    (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

[[Page 117]]

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 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,

[[Page 118]]

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[min] N. on the north, 78[deg]30[min] W. on the 
east, 37[deg]30[min] N. on the south and 80[deg]30[min] 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[min]50[sec] N Latitude, 
105[deg]14[min]40[sec] 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[pi] 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;
    (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.

[[Page 119]]

    (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 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, HC3 Box 53995, Arecibo, Puerto

[[Page 120]]

Rico 00612, 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; 70 FR 31373, June 1, 2005]



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.



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

[[Page 121]]

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 
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]

[[Page 122]]



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.
    (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.

[[Page 123]]



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.
    (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

[[Page 124]]

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 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

[[Page 125]]

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]



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.

[[Page 126]]



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 second-class license except as 
provided by paragraph (b)(1)(iv) of this section;
    (ii) If manual morse code keying is used only for the purposes of 
identification or for sending service messages, the person manipulating 
the telegraph key shall be the holder of a radiotelegraph third-class 
permit or higher class of radiotelegraph license except as provided by 
paragraph (b)(1)(iv) of this section;
    (iii) If automatic keying equipment is used, the operator of such 
equipment may send short service signals (requests for repeats, etc.) by 
manual morse code without being the holder of a radio operator license.
    (iv) Unlicensed telegraph operators of appropriate skill as 
determined by the radio station licensee may manipulate the telegraph 
key of radiotelegraph stations provided that properly licensed 
radiotelegraph operators are on duty at the transmitting station or 
authorized remote control point and that such licensed operators are 
fully responsible for the proper operation of the transmitting 
equipment.
    (2) Radiotelephone stations: Radiotelephone first- or second-class 
license: Provided, however, that, if manual morse code keying is 
employed in accordance with Sec. 23.12, the person manipulating the 
telegraph key shall be the holder of a valid radiotelegraph third-class 
permit or higher class of radiotelegraph license.
    (3) Radiotelegraph-Radiotelephone stations: Provisions under 
paragraph (b)(1) of this section are applicable.
    (4) International control stations: Radiotelegraph or radiotelephone 
first- or second-class license.
    (c) One or more licensed operators of the grade specified in 
paragraph (b) of this section shall be on duty at the place where the 
transmitting apparatus is located and in actual charge thereof when it 
is being operated: Provided, however, That:
    (1) In case of stations in these services operating on frequencies 
above 30 MHz, the Commission may authorize unattended operation upon 
application therefor and showing that the equipment is so designed and 
constructed as to make such operation feasible. When such unattended 
operation is authorized, properly licensed operators shall be on duty at 
a terminal of the system of which the unattended station or stations are 
a part or shall be available on call to perform necessary maintenance 
duties.
    (2) In the case of a station where remote control is used, the 
Commission may grant authority to employ an operator or operators at the 
control point in lieu of the place where the transmitting apparatus is 
located, provided that the following conditions are complied with:
    (i) The transmitter shall be so installed and protected that it is 
not accessible to other than duly authorized persons.

[[Page 127]]

    (ii) A device shall be provided at the remote control point which 
gives a continuous visual indication whenever the control circuits have 
been placed in a condition to activate the radio transmitting apparatus.
    (iii) Provision shall be made to monitor aurally all transmissions 
originating under control of the responsible operator at the remote 
point.
    (iv) The radiation of the transmitter shall be suspended immediately 
when there is a deviation from the terms of the station license or 
applicable provisions of this chapter.
    (v) When remote control of a transmitter is performed from a 
separate location such as a message center or telephone exchange and 
manual morse code keying is not used, the operator(s) at that point need 
not be licensed by the Commission provided that licensed operator(s) are 
on duty at the transmitter location or authorized remote control point 
at all times that the station is in operation, and they are fully 
responsible for the proper operation of the transmitting equipment. If 
manual morse code keying is used at a remote control point, the 
provisions of paragraph (b)(1) of this section shall apply.
    (3) When a radio station is radiating, all adjustments or tests 
during or coincident with the installation and servicing or maintenance 
of the transmitter and its associated equipment which may affect the 
quality of transmission or possibly cause the station radiation to 
exceed the limits specified in its instrument of authorization or in the 
rules pertaining to such station shall be made by or under the immediate 
supervision and responsibility of a person holding the proper license, 
who shall be responsible for the proper functioning of the radio 
facilities. A radiotelephone station must be under the supervision of a 
person holding a radiotelephone or radiotelegraph first- or second-class 
license, and a radiotelegraph station must be under the supervision of a 
person holding a radiotelegraph first- or second-class license.
    (4) When a radio station is not radiating, persons of appropriate 
technical skill, who are not licensed radio operators, may perform the 
functions described in paragraph (c)(3) of this section without direct 
supervision after having been authorized to do so by the responsible 
licensed operator under whose immediate supervision the facilities shall 
thereafter initially be placed in operation and be determined to be 
operating properly.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.47  Station records.

    (a) Station records shall be kept in an orderly manner, and in such 
detail that the data required is readily available. Key letters, 
abbreviations, or symbols may be used if proper meaning or explanation 
is set forth in the record.
    (b) Each entry in the records of a station shall be made by a person 
qualified to do so and having actual knowledge of the facts to be 
recorded, and each entry shall clearly identify the person making the 
entry. Each entry or group of entries shall be certified by the 
signature of the person or persons responsible: Provided, That each 
physical page contain such certification: And provided further, That any 
such group of entries contain entries made only during a single daily 
period of duty.
    (c) No record or portions thereof shall be erased, obliterated, or 
willfully destroyed within the required retention period. Any necessary 
correction may be made only by the person originating the entry, who 
shall strike out the erroneous portion, initial the corrections made, 
and indicate the date of correction.
    (d) The records required by this part shall be retained for a period 
of at least 1 year: Provided, that:
    (1) Records involving communications incident to a disaster or which 
include communications incident to, or involved in, an investigation by 
the Commission and concerning which the licensee has knowledge shall be 
retained by the licensee until specifically authorized in writing by the 
Commission to destroy them.
    (2) Records incident to or involved in any claim or complaint of 
which the licensee has knowledge shall be retained by the licensee until 
such claim or complaint has been fully satisfied or

[[Page 128]]

until the same has been barred by statute limiting the time for the 
filing of suit upon such claim.

[38 FR 22481, Aug. 21, 1973]



Sec. 23.48  Content of station records.

    (a) For each station in the services under this part, except 
stations in the international fixed public control service, the licensee 
shall maintain a technical log of the station operating showing:
    (1) Signature of each licensed operator responsible for the 
operation of the transmitting equipment and an indication of his hours 
of duty.
    (2) Hours of use of each frequency assignment and type of emission 
indicating time of beginning and end of each period of operation and 
points of communication to which each frequency is used (or area if 
service is pursuant to Sec. 23.53).
    (3) Hours of use of each transmitter indicating time of beginning 
and end of each period of operation.
    (4) Power input to the final stage of each transmitter.
    (5) Dates and results of each frequency measurement.
    (b) For stations in the international fixed public control service, 
the licensee shall maintain a technical log of the station operating 
showing:
    (1) Normal hours of operation and dates and times of interruptions 
to service.
    (2) Dates and results of each frequency measurement.
    (3) When service or maintenance duties are performed, the 
responsible operator shall sign and date the station record giving 
pertinent details of all duties performed by him or under his 
supervision; his name and the class, serial number, and date of 
expiration of his license.
    (c) For each station having an antenna structure which is required 
to be obstruction-lighted, appropriate entries shall be made in the 
station's technical log as required by Sec. 23.39.

[38 FR 22481, Aug. 21, 1973]



Sec. 23.49  Discontinuance of operation.

    The licensee of each fixed radio station except stations operating 
in Alaska, shall notify the Engineer in Charge of the district where 
such station is located of any of the following changes in the status of 
such station at least two days before such change: (a) Temporary 
discontinuance of operation for a period of ten days or more; (b) the 
date of resumption of operation after temporary discontinuance of 
operation for a period of ten days or more; (c) permanent discontinuance 
of operation: Provided, however, Where any such discontinuance of 
operation is not voluntary and results from causes beyond the control of 
the licensee, notice thereof shall be given not later than two days 
after such discontinuance of operation. In all cases of permanent 
discontinuance of operation the licensee shall, in addition to notifying 
the engineer of intention to discontinue operation, immediately forward 
the station license to the Washington, D.C., office of the Commission 
for cancellation.

[28 FR 13002, Dec. 5, 1963, as amended at 30 FR 7176, May 28, 1965; 35 
FR 10447, June 26, 1970. Redesignated at 38 FR 22481, Aug. 21, 1973]



Sec. 23.50  Place of filing application; fees and number of copies.

    (a) Standard numbered forms applicable to the international fixed 
public radiocommunication services discussed within the subpart are as 
follows:

------------------------------------------------------------------------
             Form No.                           Description
------------------------------------------------------------------------
403..............................  Application for radio station license
                                    or modification thereof.
405..............................  Application for renewal of radio
                                    station license in specified
                                    services.
407..............................  Application for radio station
                                    construction permit.
408..............................  Application for temporary
                                    authorization in addition to
                                    authority contained in license.
701..............................  Application for additional time to
                                    construct radio station.
702..............................  Application for consent to assignment
                                    of radio station construction permit
                                    or license (for stations in services
                                    other than broadcast).
704..............................  Application for consent to transfer
                                    of control of corporation holding
                                    common carrier radio station
                                    construction permit or license.
714..............................  Supplement to application for new or
                                    modified radio station authorization
                                    (concerning antenna structure
                                    notification to FAA).
------------------------------------------------------------------------


These forms may be obtained from the Secretary, Federal Communications 
Commission, Washington, DC 20554, or from any of the Commission's 
engineering field offices, the addresses of which are listed in Sec. 
0.121(a) of this chapter.

[[Page 129]]

    (b) Every application for a radio station authorization and all 
correspondence relating thereto shall be submitted to the Commission's 
office at Washington, DC 20554. Applications requiring fees as set forth 
at part 1, subpart G of this chapter must be filed in accordance with 
Sec. 0.401(b) of the rules.
    (c) Unless otherwise specified in a particular case, or for a 
particular form, each application, including exhibits and attachments 
thereto, shall be filed in duplicate.
    (d) Each application shall be accompanied by a fee prescribed in 
subpart G of part 1 of this chapter.

[38 FR 22481, Aug. 21, 1973, as amended at 52 FR 5294, Feb. 20, 1987; 52 
FR 10230, Mar. 31, 1987]



Sec. 23.51  Addressed program material.

    (a) Stations operating in the fixed public service and in the fixed 
public press service may be authorized to transmit addressed program 
material to a fixed point, or points, outside the 48 contiguous States 
and the District of Columbia, specifically named in the instrument of 
authorization granted to the licensee, intended for broadcast only by a 
broadcast station. Any such authorization shall be subject to the 
condition that no interference is caused to the authorized regular 
service of the station as defined by Sec. 23.8.
    (b) Such stations may also, upon proper application therefor, be 
authorized to transmit addressed program material to any such fixed 
point in South or Central America for simultaneous interception and 
broadcast by a broadcast station at one or more additional points in the 
same general area upon a showing that public message service to such 
fixed point of communication will not be unduly impaired. Application 
for such authority shall be submitted not less than 10 days prior to the 
proposed date of the first interception. Such application shall show, in 
addition to the proposed intercept and broadcast points, the South or 
Central American station or stations over which the program will be 
broadcast, a full description of the arrangements made for such 
intercept and broadcast, and the period for which such authority is 
requested. Authorizations will be limited to the period for which 
arrangements for broadcasting by South or Central American stations have 
been made and in no event will extend beyond the term of the point-to-
point station license.



Sec. 23.52  Mobile stations, transmission simultaneously to.

    A point-to-point telegraph station, in addition to the fixed points 
of communication specified in an instrument of authorization, may be 
authorized to communicate simultaneously with mobile stations for the 
transmission of press material destined primarily to fixed points.



Sec. 23.53  Addressed press and meteorological services.

    (a) The licensee of a station in the fixed public or fixed public 
press service may be authorized to transmit, without coordinated 
reception, addressed press messages (including press facsimile and 
photographs) and weather maps, charts and photographs for reception at 
overseas or foreign points by meteorological organizations by facsimile 
and radio phototelegraphy, to one or more persons at one or more fixed 
points not specifically named in its license: Provided, however, That 
the licensee, upon institution of addressed press service to any point, 
shall promptly notify the Commission of the following:
    (1) The name and location of the person subscribing to such service.
    (2) The date of institution of such service, and
    (3) The location of the licensee's station from which such service 
is transmitted.

Any authority, granted under this paragraph, to transmit addressed press 
messages to any person or to any point may be terminated by the 
Commission upon notice to the licensee within 30 days after notification 
of institution of service to such person or point is filed by the 
licensee.
    (b) In the event of the deletion of service to any point or to any 
person or any change with respect to the facts reported under paragraph 
(a) (1) or (3) of this section, the licensee shall promptly notify the 
Commission of such deletion or change and the date thereof.

[[Page 130]]

    (c) On or before the first day of February and the first day of 
August of each year, the licensee shall submit, for each of its stations 
authorized to render addressed press service in accordance with 
provisions of this section, a recapitulative list, as of the first day 
of January and the first day of July respectively of that year, 
containing the following:
    (1) The name and location of each person subscribing to such 
service, and
    (2) The date of institution of such service to each person at each 
point.

[28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 1971]



Sec. 23.54  Use of double sideband radiotelephone.

    Use of double sideband radiotelephone transmissions, on frequencies 
below 30 MHz, shall be held to a minimum with a view towards 
discontinuance of such operations as soon as possible. Except in cases 
where the foreign correspondent is unable to receive single sideband 
transmissions, double sideband radiotelephone shall not be transmitted 
after January 1, 1965.



Sec. 23.55  Equal employment opportunities.

    (a) General policy. Equal opportunity in employment shall be 
afforded by all common carrier licensees or permittees 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 permittee 
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. Under the terms of its 
program, a licensee or permittee shall:
    (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 licensees' or permittees' 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 licensees or 
permittees.
    (i) All licensees or permittees will 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 permittee has fewer than 16 full-time 
employees, no such statement need be filed.
    (2) The program should reasonably address itself to such specific 
areas as set forth below, to the extent that they are appropriate in 
terms of licensee size, location, etc.
    (i) To assure nondiscrimination in recruiting. (a) Posting notices 
in the licensee's or permittee's offices informing applicants for 
employment of their equal employment rights and their right to notify 
the Equal Employment

[[Page 131]]

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 spokesmen 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 personally those on the staff of the licensee or permittee 
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 promotion. (a) 
Instructing personally those of the licensee's or permittee'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) Proving opportunity to perform overtime work on a basis that 
does not discriminate against qualified minority group or female 
employees.
    (d) Report of complaints filed against licensees and permittees. (1) 
All licensees or permittees shall 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 permittee of equal employment 
provisions of Federal, State, Territorial, or local law have been filed 
before any body 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 permittee who has filed such information with 
the

[[Page 132]]

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 
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 permittee 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 
licensees.
    (ii) Complaints alleging employment discrimination against a common 
carrier licensee of permittee 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 licensee or permittee 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 by the common 
carrier licensees or permittees 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 permittee 
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 public--(1) Commission records. A copy of 
every annual employment report, equal employment opportunity program, 
and 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 permittee 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 permittees--(i) Records to be maintained. Each licensee or 
permittee 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 shall 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 permittee 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.

[35 FR 12894, Aug. 14, 1970, as amended at 36 FR 3119, Feb. 18, 1971. 
Redesignated at 38 FR 22481, Aug. 21, 1973]



PART 24_PERSONAL COMMUNICATIONS SERVICES--Table of Contents




                      Subpart A_General Information

Sec.
24.1 Basis and purpose.
24.2 Other applicable rule parts.
24.3 Permissible communications.
24.5 Terms and definitions.

                   Subpart B_Applications and Licenses

                       General Filing Requirements

24.10 Scope.
24.11 Initial authorization.
24.12 Eligibility.
24.15 License period.
24.16 Criteria for comparative renewal proceedings.

                      Subpart C_Technical Standards

24.50 Scope.
24.51 Equipment authorization.

[[Page 133]]

24.52 RF hazards.
24.53 Calculation of height above average terrain (HAAT).
24.55 Antenna structures; air navigation safety.

                        Subpart D_Narrowband PCS

24.100 Scope.
24.101 [Reserved]
24.102 Service areas.
24.103 Construction requirements.
24.104 Partitioning and disaggregation.
24.129 Frequencies.
24.130 [Reserved]
24.131 Authorized bandwidth.
24.132 Power and antenna height limits.
24.133 Emission limits.
24.134 Co-channel separation criteria.
24.135 Frequency stability.

                         Subpart E_Broadband PCS

24.200 Scope.
24.202 Service areas.
24.203 Construction requirements.
24.229 Frequencies.
24.232 Power and antenna height limits.
24.235 Frequency stability.
24.236 Field strength limits.
24.237 Interference protection.
24.238 Emission limitations for Broadband PCS equipment.

   Policies Governing Microwave Relocation From the 1850-1990 MHz Band

24.239 Cost-sharing requirements for broadband PCS.
24.241 Administration of the Cost-Sharing Plan.
24.243 The cost-sharing formula.
24.245 Reimbursement under the Cost-Sharing Plan.
24.247 Triggering a reimbursement obligation.
24.249 Payment issues.
24.251 Dispute resolution under the Cost-Sharing Plan.
24.253 Termination of cost-sharing obligations.

Appendix I to Subpart E--A Procedure for Calculating PCS Signal Levels 
          at Microwave Receivers (Appendix E of the Memorandum Opinion 
          and Order)

       Subpart F_Competitive Bidding Procedures for Narrowband PCS

24.301 Narrowband PCS subject to competitive bidding.
24.302-24.309 [Reserved]
24.320 [Reserved]
24.321 Designated entities.

   Subpart G_Interim Application, Licensing and Processing Rules for 
                             Narrowband PCS

24.403 Authorization required.
24.404 Eligibility.
24.405-24.414 [Reserved]
24.415 Technical content of applications; maintenance of list of station 
          locations.
24.416-24.429 [Reserved]
24.430 Opposition to applications.
24.431 Mutually exclusive applications.
24.432-24.444 [Reserved]

       Subpart H_Competitive Bidding Procedures for Broadband PCS

24.701 Broadband PCS subject to competitive bidding.
24.702-24.708 [Reserved]
24.709 Eligibility for licenses for frequency Blocks C and F.
24.710 [Reserved]
24.711 Installment payments for licenses for frequency Block C.
24.712 Bidding credits for licenses won for frequency Block C.
24.713 [Reserved]
24.714 Partitioned licenses and disaggregated spectrum.
24.716 Installment payments for licenses for frequency Block F.
24.717 Bidding credits for licenses for frequency Block F.
24.720 Definitions.

   Subpart I_Interim Application, Licensing, and Processing Rules for 
                              Broadband PCS

24.801-24.803 [Reserved]
24.804 Eligibility.
24.805-24.814 [Reserved]
24.815 Technical content of applications; maintenance of list of station 
          locations.
24.816-24.829 [Reserved]
24.830 Opposition to applications.
24.831 Mutually exclusive applications.
24.832 [Reserved]
24.833 Post-auction divestitures.
24.834-24.838 [Reserved]
24.839 Transfer of control or assignment of license.
24.840-24.844 [Reserved]

    Authority: 47 U.S.C. 154, 301, 302, 303, 309 and 332.

    Source: 58 FR 59183, Nov. 8, 1993, unless otherwise noted. 
Redesignated at 59 FR 18499, Apr. 19, 1994.



                      Subpart A_General Information



Sec. 24.1  Basis and purpose.

    This section contains the statutory basis for this part of the rules 
and provides the purpose for which this part is issued.

[[Page 134]]

    (a) Basis. The rules for the personal communications services (PCS) 
in this part are promulgated under the provisions of the Communications 
Act of 1934, as amended, that vests authority in the Federal 
Communications Commission to regulate radio transmission and to issue 
licenses for radio stations.
    (b) Purpose. This part states the conditions under which portions of 
the radio spectrum are made available and licensed for PCS.
    (c) Scope. The rules in this part apply only to stations authorized 
under this part. Rules in subparts D and E apply only to stations 
authorized under those subparts.

[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, 
and amended at 59 FR 32854, June 24, 1994]



Sec. 24.2  Other applicable rule parts.

    Other FCC rule parts applicable to licensees in the personal 
communications services include the following:
    (a) Part 0. This part describes the Commission's organization and 
delegations of authority. Part 0 of this chapter also lists available 
Commission publications, standards and procedures for access to 
Commission records, and location of Commission Field Offices.
    (b) Part 1. This part includes rules of practice and procedure for 
license applications, adjudicatory proceedings, procedures for 
reconsideration and review of the Commission's actions; provisions 
concerning violation notices and forfeiture proceedings; and the 
environmental requirements that, if applicable, must be complied with 
prior to the initiation of construction. Subpart F includes the rules 
for the Wireless Telecommunications Services and the procedures for 
filing electronically via the ULS.
    (c) Part 2. This part contains the Table of Frequency Allocations 
and special requirements in international regulations, recommendations, 
agreements, and treaties. This part also contains standards and 
procedures concerning the marketing and importation of radio frequency 
devices, and for obtaining equipment authorization.
    (d) Part 5. This part contains rules prescribing the manner in which 
parts of the radio frequency spectrum may be made available for 
experimentation.
    (e) Part 15. This part contains rules setting out the regulations 
under which an intentional, unintentional, or incidental radiator may be 
operated without an individual license. It also contains the technical 
specifications, administrative requirements and other conditions 
relating to the marketing of part 15 devices. Unlicensed PCS devices 
operate under subpart D of part 15.
    (f) Part 17. This part contains requirements for construction, 
marking and lighting of antenna towers.
    (g) Part 20 of this chapter governs commercial mobile radio 
services.
    (h) Part 21. This part contains rules concerning multipoint 
distribution service and multichannel multipoint distribution service.
    (i) Part 68. This part contains technical standards for connection 
of terminal equipment to the telephone network.
    (j) Part 101. This part contains rules concerning common carrier and 
private services relating to fixed point-to-point and point-to-
multipoint microwave systems.

[58 FR 59183, Nov. 8, 1993. Redesignated and amended at 59 FR 18499, 
Apr. 19, 1994, as amended at 63 FR 68952, Dec. 14, 1998; 65 FR 38325, 
June 20, 2000]



Sec. 24.3  Permissible communications.

    PCS licensees may provide any mobile communications service on their 
assigned spectrum. Fixed services may be provided on a co-primary basis 
with mobile operations. Broadcasting as defined in the Communications 
Act is prohibited.

[61 FR 45356, Aug. 29, 1996]



Sec. 24.5  Terms and definitions.

    Assigned Frequency. The center 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.
    Average Terrain. The average elevation of terrain between 3 and 16 
kilometers from the antenna site.
    Base Station. A land station in the land mobile service.
    Broadband PCS. PCS services operating in the 1850-1890 MHz, 1930-
1970

[[Page 135]]

MHz, 2130-2150 MHz, and 2180-2200 MHz bands.
    Effective Radiated Power (e.r.p.) (in a given direction). 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 (e.i.r.p.). The product of 
the power supplied to the antenna and the antenna gain in a given 
direction relative to an isotropic antenna.
    Fixed Service. A radiocommunication service between specified fixed 
points.
    Fixed Station. A station in the fixed service.
    Land Mobile Service. A mobile service between base stations and land 
mobile stations, or between land mobile stations.
    Land Mobile Station. A mobile station in the land mobile service 
capable of surface movement within the geographic limits of a country or 
continent.
    Land Station. A station in the mobile service not intended to be 
used while in motion.
    Mobile Service. A radiocommunication service between mobile and land 
stations, or between mobile stations.
    Mobile Station. A station in the mobile service intended to be used 
while in motion or during halts at unspecified points.
    Narrowband PCS. PCS services operating in the 901-902 MHz, 930-931 
MHz, and 940-941 MHz bands.
    National Geodetic Reference System (NGRS): The name given to all 
geodetic control data contained in the National Geodetic Survey (NGS) 
data base. (Source: National Geodetic Survey, U.S. Department of 
Commerce)
    PCS Relocator. A PCS entity that pays to relocate a fixed microwave 
link from its existing 2 GHz facility to other media or other fixed 
channels.
    Personal Communications Services (PCS). Radio communications that 
encompass mobile and ancillary fixed communication that provide services 
to individuals and businesses and can be integrated with a variety of 
competing networks.
    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.
    UTAM. The Unlicensed PCS Ad Hoc Committee for 2 GHz Microwave 
Transition and Management, which coordinates relocation in the 1910-1930 
MHz band.
    Voluntarily Relocating Microwave Incumbent A microwave incumbent 
that voluntarily relocates its licensed facilities to other media or 
fixed channels.

[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, 
and amended at 61 FR 29691, June 12, 1996; 62 FR 12757, Mar. 18, 1997; 
63 FR 68952, Dec. 14, 1998]



                   Subpart B_Applications and Licenses

                       General Filing Requirements



Sec. 24.10  Scope.

    This subpart contains some of the procedures and requirements for 
filing applications for licenses in the personal communications 
services. One also should consult subparts F and G of this part. Other 
Commission rule parts of importance that may be referred to with respect 
to licensing and operation of radio services governed under this part 
include 47 CFR parts 0, 1, 2, 5, 15, 17 and 20.

[59 FR 32854, June 24, 1994]



Sec. 24.11  Initial authorization.

    (a) An applicant must file a single application for an initial 
authorization for all markets won and frequency blocks desired.
    (b) Blanket licenses are granted for each market and frequency 
block. Applications for individual sites are not required and will not 
be accepted.

[59 FR 32854, June 24, 1994, as amended at 63 FR 68952, Dec. 14, 1998]



Sec. 24.12  Eligibility.

    Any entity, other than those precluded by section 310 of the 
Communications Act of 1934, as amended, 47

[[Page 136]]

U.S.C. 310, is eligible to hold a license under this part.

[70 FR 61059, Oct. 20, 3005]



Sec. 24.15  License period.

    Licenses for service areas will be granted for ten year terms from 
the date of original issuance or renewal.



Sec. 24.16  Criteria for comparative renewal proceedings.

    A renewal applicant involved in a comparative renewal proceeding 
shall receive a preference, commonly referred to as a renewal 
expectancy, which is the most important comparative factor to be 
considered in the proceeding, if its past record for the relevant 
license period demonstrates that the renewal applicant:
    (a) 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 
might just minimally warrant renewal; and
    (b) Has substantially complied with applicable Commission rules, 
policies and the Communications Act.



                      Subpart C_Technical Standards



Sec. 24.50  Scope.

    This subpart sets forth the technical requirements for use of the 
spectrum and equipment in the personal communications services.



Sec. 24.51  Equipment authorization.

    (a) Each transmitter utilized for operation under this part and each 
transmitter marketed, as set forth in Sec. 2.803 of this chapter, must 
be of a type that has been authorized by the Commission under its 
certification procedure for use under this part.
    (b) Any manufacturer of radio transmitting equipment to be used in 
these services may request equipment authorization following the 
procedures set forth in subpart J of part 2 of this chapter. Equipment 
authorization for an individual transmitter may be requested by an 
applicant for a station authorization by following the procedures set 
forth in part 2 of this chapter.
    (c) Applicants for certification of transmitters that operate in 
these services must determine that the equipment complies with IEEE 
C95.1-1991, ``IEEE Standards for Safety Levels with Respect to Human 
Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz'' 
as measured using methods specified in IEEE C95.3-1991, ``Recommended 
Practice for the Measurement of Potentially Hazardous Electromagnetic 
Fields--RF and Microwave.'' The applicant for certification is required 
to submit a statement affirming that the equipment complies with these 
standards as measured by an approved method and to maintain a record 
showing the basis for the statement of compliance with IEEE C.95.1-1991.

[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, 
as amended at 63 FR 36604, July 7, 1998]



Sec. 24.52  RF hazards.

    Licensees and manufacturers are subject to the radiofrequency 
radiation exposure requirements specified in Sec. 1.1307(b), Sec. 
2.1091 and Sec. 2.1093 of this chapter, as appropriate. Applications 
for equipment authorization of mobile or portable devices operating 
under this section must contain a statement confirming compliance with 
these requirements for both fundamental emissions and unwanted 
emissions. Technical information showing the basis for this statement 
must be submitted to the Commission upon request.

[61 FR 41018, Aug. 7, 1996]



Sec. 24.53  Calculation of height above average terrain (HAAT).

    (a) HAAT is determined by subtracting average terrain elevation from 
antenna height above mean sea level.
    (b) Average terrain elevation shall be calculated using elevation 
data from a 30 arc second or better Digital Elevation Models (DEMs). DEM 
data is available from United States Geological Survey (USGS). The data 
file shall be identified. If 30 arc second data is used, the elevation 
data must be processed for intermediate points using interpolation 
techniques; otherwise, the nearest point may be used. If DEM data is not 
available, elevation data from

[[Page 137]]

the Defense Mapping Agency's Digital Chart of the World (DCW) may be 
used.
    (c) Radial average terrain elevation is calculated as the average of 
the elevation along a straight line path from 3 to 16 kilometers 
extending radially from the antenna site. At least 50 evenly spaced data 
points for each radial shall be used in the computation.
    (d) Average terrain elevation is the average of the eight radial 
average terrain elevations (for the eight cardinal radials).
    (e) The position location of the antenna site shall be determined to 
an accuracy of no less than 5 meters in both the 
horizontal (latitude and longitude) and vertical (ground elevation) 
dimensions with respect to the National Geodetic Reference System.

[58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, 1994]



Sec. 24.55  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 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 4366, Feb. 6, 1996]



                        Subpart D_Narrowband PCS



Sec. 24.100  Scope.

    This subpart sets out the regulations governing the licensing and 
operations of personal communications services authorized in the 901-
902, 930-931, and 940-941 MHz bands (900 MHz band).



Sec. 24.101  [Reserved]



Sec. 24.102  Service areas.

    Narrowband PCS service areas are nationwide, regional, and Major 
Trading Areas (MTAs), as defined in this section. MTAs are based on the 
Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at 
pages 38-39 (MTA Map). Rand McNally organizes the 50 States and the 
District of Columbia into 47 MTAs. The MTA Map is available for public 
inspection in the FCC's Library, Room TW-B505, 445 12th Street SW, 
Washington, D.C.
    (a) The nationwide service area consists of the fifty states, the 
District of Columbia, American Samoa, Guam, Northern Mariana Islands, 
Puerto Rico, and United States Virgin Islands.
    (b) The regional service areas are defined as follows:
    (1) Region 1 (Northeast): The Northeast Region consists of the 
following MTAs: Boston-Providence, Buffalo-Rochester, New York, 
Philadelphia, and Pittsburgh.
    (2) Region 2 (South): The South Region consists of the following 
MTAs: Atlanta, Charlotte-Greensboro-Greenville-Raleigh, Jacksonville, 
Knoxville, Louisville-Lexington-Evansville, Nashville, Miami-Fort 
Lauderdale, Richmond-Norfolk, Tampa-St. Petersburg-Orlando, and 
Washington-Baltimore; and, Puerto Rico and United States Virgin Islands.
    (3) Region 3 (Midwest): The Midwest Region consists of the following 
MTAs: Chicago, Cincinnati-Dayton, Cleveland, Columbus, Des Moines-Quad 
Cities, Detroit, Indianapolis, Milwaukee, Minneapolis-St. Paul, and 
Omaha.

[[Page 138]]

    (4) Region 4 (Central): The Central Region consists of the following 
MTAs: Birmingham, Dallas-Fort Worth, Denver, El Paso-Albuquerque, 
Houston, Kansas City, Little Rock, Memphis-Jackson, New Orleans-Baton 
Rouge, Oklahoma City, San Antonio, St. Louis, Tulsa, and Wichita.
    (5) Region 5 (West): The West Region consists of the following MTAs: 
Honolulu, Los Angeles-San Diego, Phoenix, Portland, Salt Lake City, San 
Francisco-Oakland-San Jose, Seattle (including Alaska), and Spokane-
Billings; and, American Samoa, Guam, and the Northern Mariana Islands.
    (c) The MTA service areas are based on the Rand McNally 1992 
Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with 
the following exceptions and additions:
    (1) Alaska is separated from the Seattle MTA and is licensed 
separately.
    (2) Guam and the Northern Mariana Islands are licensed as a single 
MTA-like area.
    (3) Puerto Rico and the United States Virgin Islands are licensed as 
a single MTA-like area.
    (4) American Samoa is licensed as a single MTA-like area.

[59 FR 14118, Mar. 25, 1994, as amended at 59 FR 46199, Sept. 7, 1994; 
65 FR 35852, June 6, 2000]



Sec. 24.103  Construction requirements.

    (a) Nationwide narrowband PCS licensees shall construct base 
stations that provide coverage to a composite area of 750,000 square 
kilometers or serve 37.5 percent of the U.S. population within five 
years of initial license grant date; and, shall construct base stations 
that provide coverage to a composite area of 1,500,000 square kilometers 
or serve 75 percent of the U.S. population within ten years of initial 
license grant date. Licensees may, in the alternative, provide 
substantial service to the licensed area as provided in paragraph (d) of 
this section.
    (b) Regional narrowband PCS licensees shall construct base stations 
that provide coverage to a composite area of 150,000 square kilometers 
or serve 37.5 percent of the population of the service area within five 
years of initial license grant date; and, shall construct base stations 
that provide coverage to a composite area of 300,000 square kilometers 
or serve 75 percent of the service area population within ten years of 
initial license grant date. Licensees may, in the alternative, provide 
substantial service to the licensed area as provided in paragraph (d) of 
this section.
    (c) MTA narrowband PCS licensees shall construct base stations that 
provide coverage to a composite area of 75,000 square kilometers or 25 
percent of the geographic area, or serve 37.5 percent of the population 
of the service area within five years of initial license grant date; 
and, shall construct base stations that provide coverage to a composite 
area of 150,000 square kilometers or 50 percent of the geographic area, 
or serve 75 percent of the population of the service area within ten 
years of initial license grant date. Licensees may, in the alternative, 
provide substantial service to the licensed area as provided in 
paragraph (d) of this section.
    (d) As an alternative to the requirements of paragraphs (a), (b), 
and (c) of this section, narrowband PCS licensees may demonstrate that, 
no later than ten years after the initial grant of their license, they 
provide substantial service to their licensed area. Licensees choosing 
this option must notify the FCC by filing FCC Form 601, no later than 15 
days after the end of the five year period following the initial grant 
of their license, that they plan to satisfy the alternative requirement 
to provide substantial service. ``Substantial service'' is defined as 
service that is sound, favorable, and substantially above a level of 
mediocre service that would barely warrant renewal.
    (e) In demonstrating compliance with the construction requirements 
set forth in this section, licensees must base their calculations on 
signal field strengths that ensure reliable service for the technology 
utilized. 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) For the purpose of this section, the service radius of a base 
station may be calculated using the following formula:

dkm = 2.53 x hm0.34 x p\0.17\


[[Page 139]]


where dkm is the radial distance in kilometers,
hm is the antenna HAAT of the base station in meters, and
p is the e.r.p. of the base station in watts.

    (2) Alternatively, licensees may use any service radius contour 
formula developed or generally used by industry, provided that such 
formula is based on the technical characteristics of their system.
    (f) Upon meeting the five and ten year benchmarks in paragraphs (a), 
(b), and (c) of this section, or upon meeting the substantial service 
alternative in paragraph (d), licensees shall notify the Commission by 
filing FCC Form 601 and including a map and other supporting 
documentation that demonstrate the required geographic area coverage, 
population coverage, or substantial service to the licensed area. The 
notification must be filed with the Commission within 15 days of the 
expiration of the relevant period.
    (g) If the sale of a license is approved, the new licensee is held 
to the original build-out requirement.
    (h) Failure by a licensee to meet the above construction 
requirements shall result in forfeiture of the license and ineligibility 
to regain it.

[59 FR 14118, Mar. 25, 1994, as amended at 65 FR 35852, June 6, 2000]



Sec. 24.104  Partitioning and disaggregation.

    Nationwide, regional, and MTA 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.
    (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, applicants and 
licensees must file FCC Form 603 pursuant to Sec. 1.948 of this chapter 
and describe the partitioned service area on a schedule to the 
application. The partitioned service area shall be defined by up to 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. 24.103 for the partitioned license area; 
or
    (ii) The original licensee must meet the coverage requirements set 
forth in Sec. 24.103 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 options they select.
    (3) Partitionees must submit supporting documents showing compliance 
with their coverage requirements as set forth in Sec. 24.103.
    (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

[[Page 140]]

at least one of the following requirements:
    (i) Either the disaggregator or disaggregatee must satisfy the 
coverage requirements set forth in Sec. 24.103 for the entire license 
area; or
    (ii) Parties must agree to share responsibility for meeting the 
coverage requirements set forth in Sec. 24.103 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 requirements they select.
    (3) Disaggregatees must submit supporting documents showing 
compliance with their coverage requirements as set forth in Sec. 
24.103.
    (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.

[65 FR 35853, June 6, 2000]

    Effective Date Note: At 65 FR 35853, June 6, 2000, Sec. 24.104 was 
added. 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.



Sec. 24.129  Frequencies.

    The following frequencies are available for narrowband PCS:
    (a) Eighteen frequencies are available for assignment on a 
nationwide basis as follows:
    (1) Seven 50 kHz channels paired with 50 kHz channels:

Channel 1: 940.00-940.05 and 901.00-901.05 MHz;
Channel 2: 940.05-940.10 and 901.05-901.10 MHz;
Channel 3: 940.10-940.15 and 901.10-901.15 MHz;
Channel 4: 940.15-940.20 and 901.15-901.20 MHz;
Channel 5: 940.20-940.25 and 901.20-901.25 MHz;
Channel 19: 930.50-930.55 and 901.30-901.35 MHz; and
Channel 20: 930.75-930.80 and 901.90-901.95 MHz.

    (2) Three 50 kHz channels paired with 12.5 kHz channels:

Channel 6: 930.40-930.45 and 901.7500-901.7625 MHz;
Channel 7: 930.45-930.50 and 901.7625-901.7750 MHz; and
Channel 8: 940.75-940.80 and 901.7750-901.7875 MHz;

    (3) Two 50 kHz unpaired channels:

Channel 9: RESERVED;
Channel 10: 940.80-940.85 MHz; and
Channel 11: 940.85-940.90 MHz.

    (4) One 100 kHz unpaired channel:

Channel 18: 940.65-940.75 MHz.

    (5) Two 150 kHz channels paired with 50 kHz channels:

Channel 21: 930.00-930.15 and 901.50-901.55 MHz; and
Channel 22: 930.15-930.30 and 901.60-901.65 MHz.

    (6) Three 100 kHz channels paired with 50 kHz channels:

Channel 23: 940.55-940.65 and 901.45-901.50 MHz;
Channel 24: 940.30-940.40 and 901.55-901.60 MHz; and
Channel 25: 940.45-940.55 and 901.85-901.90 MHz.

    (b) Five frequencies are available for assignment on a regional 
basis as follows:
    (1) One 50 kHz channel paired with 50 kHz channel:

Channel 12: 940.25-940.30 and 901.25-901.30 MHz.
Channel 13: RESERVED.

    (2) Four 50 kHz channels paired with 12.5 kHz channels:

Channel 14: 930.55-930.60 and 901.7875-901.8000 MHz;
Channel 15: 930.60-930.65 and 901.8000-901.8125 MHz;
Channel 16: 930.65-930.70 and 901.8125-901.8250 MHz; and
Channel 17: 930.70-930.75 and 901.8250-901.8375 MHz.

    (c) Seven frequencies are available for assignment on an MTA basis 
as follows:
    (1) Three 50 kHz unpaired channels:

Channel 26: 901.35-901.40 MHz;
Channel 27: 901.40-901.45 MHz; and
Channel 28: 940.40-940.45 MHz.

    (2) One 50 kHz channel paired with 50 kHz channel:

Channel 29: 930.80-930.85 and 901.95-902.00 MHz.

    (3) One 100 kHz channel paired with 50 kHz channel:

Channel 30: 930.30-930.40 and 901.65-901.70 MHz.

    (4) One 150 kHz channel paired with 50 kHz channel:


[[Page 141]]


Channel 31: 930.85-931.00 and 901.7-901.75 MHz.

    (5) One 100 kHz channel paired with 12.5 kHz channel:

Channel 32: 940.90-941 and 901.8375-901.85 MHz.

    Note to Sec. 24.129: Operations in markets or portions of markets 
which border other countries, such as Canada and Mexico, will be subject 
to on-going coordination arrangements with neighboring countries.

[66 FR 29920, June 4, 2001]



Sec. 24.130  [Reserved]



Sec. 24.131  Authorized bandwidth.

    The authorized bandwidth of narrowband PCS channels will be 10 kHz 
for 12.5 kHz channels and 45 kHz for 50 kHz channels. For aggregated 
adjacent channels, a maximum authorized bandwidth of 5 kHz less than the 
total aggregated channel width is permitted.



Sec. 24.132  Power and antenna height limits.

    (a) Stations transmitting in the 901-902 MHz band are limited to 7 
watts e.r.p.
    (b) Mobile stations transmitting in the 930-931 MHz and 940-941 MHz 
bands are limited to 7 watts e.r.p.
    (c) Base stations transmitting in the 930-931 MHz and 940-941 MHz 
bands are limited to 3500 watts e.r.p. per authorized channel and are 
unlimited in antenna height except as provided in paragraph (d) of this 
section.
    (d)(1) MTA and regional base stations located between 200 kilometers 
(124 miles) and 80 kilometers (50 miles) from their licensed service 
area border are limited to the power levels in the following table:

------------------------------------------------------------------------
Antenna HAAT in meters (feet) (see Sec.
     24.53 for HAAT HAAT calculation         Effective radiated power
                method)                          (e.r.p.) (watts)
------------------------------------------------------------------------
183 (600) and below....................  3500
183 (600) to 208 (682).................  3500 to 2584
208 (682) to 236 (775).................  2584 to 1883
236 (775) to 268 (880).................  1883 to 1372
268 (880) to 305 (1000)................  1372 to 1000
305 (1000) to 346 (1137)...............  1000 to 729
346 (1137) to 394 (1292)...............  729 to 531
394 (1292) to 447 (1468)...............  531 to 387
447 (1468) to 508 (1668)...............  387 to 282
508 (1668) to 578 (1895)...............  282 to 206
578 (1895) to 656 (2154)...............  206 to 150
656 (2154) to 746 (2447)...............  150 to 109
746 (2447) to 848 (2781)...............  109 to 80
848 (2781) to 963 (3160)...............  80 to 58
963 (3160) to 1094 (3590)..............  58 to 42
1094 (3590) to 1244 (4080).............  42 to 31
1244 (4080) to 1413 (4636).............  31 to 22
Above 1413 (4636)......................  16
------------------------------------------------------------------------

    (2) For heights between the values listed in the table, linear 
interpolation shall be used to determine maximum e.r.p.
    (e) MTA and regional base stations located less than 80 kilometers 
(50 miles) from the licensed service area border must limit their 
effective radiated power in accordance with the following formula:

PW = 0.0175 x dkm* * 6.6666 x hm* * -3.1997

PW is effective radiated power in watts
dkm is distance in kilometers
hm is antenna HAAT in meters; see Sec. 24.53 for HAAT calculation 
method

    (f) All power levels specified in this section are expressed in 
terms of the maximum power, averaged over a 100 millisecond interval, 
when measured with instrumentation calibrated in terms of an rms-
equivalent voltage with a resolution bandwidth equal to or greater than 
the authorized bandwidth.
    (g) Additionally, PCS stations will be subject to any power limits 
imposed by international agreements.

[58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, 1994, as amended at 62 
FR 27511, May 20, 1997; 65 FR 35853, June 6, 2000]



Sec. 24.133  Emission limits.

    (a) The power of any emission shall be attenuated below the 
transmitter power (P), as measured in accordance with Sec. 24.132(f), 
in accordance with the following schedule:
    (1) For transmitters authorized a bandwidth greater than 10 kHz:
    (i) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of up to and including 40 kHz: at least 116 
Log10 ((fd+10)/6.1) decibels or 50 plus 10 
Log10 (P) decibels or 70 decibels, whichever is the lesser 
attenuation;
    (ii) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz)

[[Page 142]]

of more than 40 kHz: at least 43+10 Log10 (P) decibels or 80 
decibels, whichever is the lesser attenuation.
    (2) For transmitters authorized a bandwidth of 10 kHz:
    (i) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of up to and including 20 kHz: at least 116 x 
Log10 ((fd+5)/3.05) decibels or 
50+10xLog10 (P) decibels or 70 decibels, whichever is the 
lesser attenuation;
    (ii) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of more than 20 kHz: at least 43+10 Log 
10 (P) decibels or 80 decibels, whichever is the lesser 
attenuation.
    (b) The measurements of emission power can be expressed in peak or 
average values provided they are expressed in the same parameters as the 
transmitter power.
    (c) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in this section.
    (d) The following minimum spectrum analyzer resolution bandwidth 
settings will be used: 300 Hz when showing compliance with paragraphs 
(a)(1)(i) and (a)(2)(i) of this section; and 30 kHz when showing 
compliance with paragraphs (a)(1)(ii) and (a)(2)(ii) of this section.

[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, April 19, 1994, 
as amended at 59 FR 14119, Mar. 25, 1994; 66 FR 10968, Feb. 21, 2001]



Sec. 24.134  Co-channel separation criteria.

    The minimum co-channel separation distance between base stations in 
different service areas is 113 kilometers (70 miles). A co-channel 
separation distance is not required for the base stations of the same 
licensee or when the affected parties have agreed to other co-channel 
separation distances.



Sec. 24.135  Frequency stability.

    (a) The frequency stability of the transmitter shall be maintained 
within 0.0001 percent (1 
ppm) of the center frequency over a temperature variation of -30[deg] 
Celsius to +50[deg] Celsius at normal supply voltage, and over a 
variation in the primary supply voltage of 85 percent to 115 percent of 
the rated supply voltage at a temperature of 20[deg] Celsius.
    (b) For battery operated equipment, the equipment tests shall be 
performed using a new battery without any further requirement to vary 
supply voltage.
    (c) It is acceptable for a transmitter to meet this frequency 
stability requirement over a narrower temperature range provided the 
transmitter ceases to function before it exceeds these frequency 
stability limits.



                         Subpart E_Broadband PCS

    Source: 59 FR 32854, June 24, 1994, unless otherwise noted.



Sec. 24.200  Scope.

    This subpart sets out the regulations governing the licensing and 
operations of personal communications services authorized in the 1850-
1910 and 1930-1990 MHz bands.



Sec. 24.202  Service areas.

    Broadband PCS service areas are Major Trading Areas (MTAs) and Basic 
Trading Areas (BTAs) as defined in this section. MTAs and BTAs are based 
on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd 
Edition, at pages 38-39 (``BTA/MTA Map''). Rand McNally organizes the 50 
states and the District of Columbia into 47 MTAs and 487 BTAs. The BTA/
MTA Map is available for public inspection at the Office of Engineering 
and Technology's Technical Information Center, 445 12th Street, SW, 
Washington, DC 20554.
    (a) The MTA service areas are based on the Rand McNally 1992 
Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with 
the following exceptions and additions:
    (1) Alaska is separated from the Seattle MTA and is licensed 
separately.
    (2) Guam and the Northern Mariana Islands are licensed as a single 
MTA-like area.
    (3) Puerto Rico and the United States Virgin Islands are licensed as 
a single MTA-like area.

[[Page 143]]

    (4) American Samoa is licensed as a single MTA-like area.
    (b) The BTA service areas are based on the Rand McNally 1992 
Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with 
the following additions licensed separately as BTA-like areas: American 
Samoa; Guam; Northern Mariana Islands; Mayag[uuml]ez/Aguadilla-Ponce, 
Puerto Rico; San Juan, Puerto Rico; and the United States Virgin 
Islands. The Mayag[uuml]ez/Aguadilla-Ponce BTA-like service area 
consists of the following municipios: Adjuntas, Aguada, Aguadilla, 
A[ntilde]asco, Arroyo, Cabo Rojo, Coamo, Gu[aacute]nica, Guayama, 
Guayanilla, Hormigueros, Isabela, Jayuya, Juana D[iacute]az, Lajas, Las 
Mar[iacute]as, Mayag[uuml]ez, Maricao, Maunabo, Moca, Patillas, 
Pe[ntilde]uelas, Ponce, Quebradillas, Rinc[oacute]n, Sabana Grande, 
Salinas, San Germ[aacute]n, Santa Isabel, Villalba, and Yauco. The San 
Juan BTA-like service area consists of all other municipios in Puerto 
Rico.

[59 FR 32854, June 24, 1994; 59 FR 40835, Aug. 10, 1994; 63 FR 68952, 
Dec. 14, 1998; 65 FR 53636, Sept. 5, 2000]



Sec. 24.203  Construction requirements.

    (a) Licensees of 30 MHz blocks must serve with a signal level 
sufficient to provide adequate service to at least one-third of the 
population in their licensed area within five years of being licensed 
and two-thirds of the population in their licensed area within ten years 
of being licensed. Licensees may, in the alternative, provide 
substantial service to their licensed area within the appropriate five- 
and ten-year benchmarks. Licensees may choose to define population using 
the 1990 census or the 2000 census. Failure by any licensee to meet 
these requirements will result in forfeiture or non-renewal of the 
license and the licensee will be ineligible to regain it.
    (b) Licensees of 10 MHz blocks except for the 1910-1915 MHz and 
1990-1995 MHz, including 10 MHz C block licenses reconfigured pursuant 
to Amendment of the Commission's Rules Regarding Installment Payment 
Financing for Personal Communications Services (PCS) Licensees, WT 
Docket No. 97-82, Sixth Report and Order, FCC 00-313, and 15 MHz blocks 
resulting from the disaggregation option as provided in the Commission's 
Rules Regarding Installment Payment Financing for Personal 
Communications Services (PCS) Licensees, Second Report and Order and 
Further Notice of Proposed Rule Making, WT Docket 97-82, 12 FCC Rcd 
16436 (1997), as modified by Order on Reconsideration of the Second 
Report and Order, WT Docket 97-82, 13 FCC Rcd 8345 (1998), must serve 
with a signal level sufficient to provide adequate service to at least 
one-quarter of the population in their licensed area within five years 
of being licensed, or make a showing of substantial service in their 
licensed area within five years of being licensed. Population is defined 
as the 1990 population census. Licensees may elect to use the 2000 
population census to determine the five-year construction requirement. 
Failure by any licensee to meet these requirements will result in 
forfeiture of the license and the licensee will be ineligible to regain 
it.
    (c) Licensees must file maps and other supporting documents showing 
compliance with the respective construction requirements within the 
appropriate five- and ten-year benchmarks of the date of their initial 
licenses.
    (d) Licensees in the paired 1910-1915 MHz and 1990-1995 MHz bands 
must make a showing of ``substantial service'' in their license area 
within ten years of the date of initial license issuance or renewal. 
``Substantial service'' is defined as service which is sound, favorable, 
and substantially above a level of mediocre service which just might 
minimally warrant renewal. Failure by any licensee to meet this 
requirement will result in forfeiture of the license and the licensee 
will be ineligible to regain it.

[58 FR 59183, Nov. 8, 1993, as amended at 64 FR 26890, May 18, 1999; 65 
FR 53636, Sept. 5, 2000; 69 FR 67835, Nov. 22, 2004; 69 FR 75171, Dec. 
15, 2004]



Sec. 24.229  Frequencies.

    The frequencies available in the Broadband PCS service are listed in 
this section in accordance with the frequency allocations table of Sec. 
2.106 of this chapter.

[[Page 144]]

    (a) The following frequency blocks are available for assignment on 
an MTA basis:

Block A: 1850-1865 MHz paired with 1930-1945 MHz; and
Block B: 1870-1885 MHz paired with 1950-1965 MHz.

    (b) The following frequency blocks are available for assignment on a 
BTA basis:

Block C: 1895-1910 MHz paired with 1975-1990 MHz;
Pursuant to Amendment of the Commission's Rules Regarding Installment 
Payment Financing for Personal Communications Services (PCS) Licensees, 
WT Docket No. 97-82, Sixth Report and Order, FCC 00-313, all 30 MHz 
Block C licenses available for auction in Auction No. 35 or any 
subsequent auction will be reconfigured into three 10 MHz C block 
licenses as follows: 1895-1900 MHz paired with 1975-1980 MHz, 1900-1905 
MHz paired with 1980-1985 MHz, 1905-1910 MHz paired with 1985-1990 MHz;
Block D: 1865-1870 MHz paired with 1945-1950 MHz;
Block E: 1885-1890 MHz paired with 1965-1970 MHz;
Block F: 1890-1895 MHz paired with 1970-1975 MHz;
    (c) The paired frequency blocks 1910-1915 MHz and 1990-1995 MHz are 
available for assignment in the 175 Economic Areas defined in Sec. 90.7 
of this chapter. The 1910-1915 MHz block shall be used for mobile/
portable station transmissions while the 1990-1995 MHz block shall be 
used for base station transmissions.

[59 FR 32854, June 24, 1994, as amended at 60 FR 13917, Mar. 15, 1995; 
60 FR 26375, May 17, 1995; 61 FR 33868, July 1, 1996; 62 FR 660, Jan. 6, 
1997; 65 FR 53637, Sept. 5, 2000; 69 FR 67836, Nov. 22, 2004]



Sec. 24.232  Power and antenna height limits.

    (a) Base stations are limited to 1640 watts peak equivalent 
isotropically radiated power (EIRP) with an antenna height up to 300 
meters HAAT, except as described in paragraph (b) below. See Sec. 24.53 
for HAAT calculation method. Base station antenna heights may exceed 300 
meters with a corresponding reduction in power; see Table 1 of this 
section. The service area boundary limit and microwave protection 
criteria specified in Sec. Sec. 24.236 and 24.237 apply.

 Table 1--Reduced Power for Base Station Antenna Heights Over 300 Meters
------------------------------------------------------------------------
                                                               Maximum
                       HAAT in meters                         EIRP watts
------------------------------------------------------------------------
<= 300.....................................................         1640
<= 500.....................................................         1070
<= 1000....................................................          490
<= 1500....................................................          270
<= 2000....................................................          160
------------------------------------------------------------------------

    (b) Base stations that are located in counties with population 
densities of 100 persons or fewer per square mile, based upon the most 
recently available population statistics from the Bureau of the Census, 
are limited to 3280 watts peak equivalent isotropically radiated power 
(EIRP) with an antenna height up to 300 meters HAAT; See Sec. 24.53 for 
HAAT calculation method. Base station antenna heights may exceed 300 
meters with a corresponding reduction in power; see Table 2 of this 
section. The service area boundary limit and microwave protection 
criteria specified in Sec. Sec. 24.236 and 24.237 apply. Operation 
under this paragraph must be coordinated in advance with all PCS 
licensees within 120 kilometers (75 miles) of the base station and is 
limited to base stations located more than 120 kilometers (75 miles) 
from the Canadian border and more than 75 kilometers (45 miles) from the 
Mexican border.

 Table 2--Reduced Power for Base Station Antenna Heights Over 300 Meters
------------------------------------------------------------------------
                                                               Maximum
                       HAAT in meters                         EIRP watts
------------------------------------------------------------------------
<= 300.....................................................         3280
<= 500.....................................................         2140
<= 1000....................................................          980
<= 1500....................................................          540
<= 2000....................................................          320
------------------------------------------------------------------------

    (c) Mobile/portable stations are limited to 2 watts EIRP peak power 
and the equipment must employ means to limit the power to the minimum 
necessary for successful communications.
    (d) Peak transmit power must be measured over any interval of 
continuous transmission using instrumentation calibrated in terms of an 
rms-equivalent voltage. The measurement results shall be properly 
adjusted for

[[Page 145]]

any instrument limitations, such as detector response times, limited 
resolution bandwidth capability when compared to the emission bandwidth, 
sensitivity, etc., so as to obtain a true peak measurement for the 
emission in question over the full bandwidth of the channel.

[70 FR 61059, Oct. 20, 2005]



Sec. 24.235  Frequency stability.

    The frequency stability shall be sufficient to ensure that the 
fundamental emission stays within the authorized frequency block.



Sec. 24.236  Field strength limits.

    The predicted or measured median field strength at any location on 
the border of the PCS service area shall not exceed 47 dBuV/m unless the 
parties agree to a higher field strength.



Sec. 24.237  Interference protection.

    (a) All licensees are required to coordinate their frequency usage 
with the co-channel or adjacent channel incumbent fixed microwave 
licensees in the 1850-1990 MHz band. Coordination must occur before 
initiating operations from any base station. Problems that arise during 
the coordination process are to be resolved by the parties to the 
coordination. Licensees are required to coordinate with all users 
possibly affected, as determined by Appendix I to this subpart E 
(Appendix E of the Memorandum Opinion and Order, GEN Docket No. 90-314, 
FCC 94-144; TIA Telecommunications Systems Bulletin 10-F, ``Interference 
Criteria for Microwave Systems,'' May 1994, (TSB10-F)); or an 
alternative method agreed to by the parties.
    (b) The results of the coordination process need to be reported to 
the Commission only if the parties fail to agree. Because broadband PCS 
licensees are required to protect fixed microwave licensees in the 1850-
1990 MHz band, the Commission will be involved in the coordination 
process only upon complaint of interference from a fixed microwave 
licensee. In such a case, the Commission will resolve the issues.
    (c) In all other respects, coordination procedures are to follow the 
requirements of Sec. 101.103(d) of this chapter to the extent that 
these requirements are not inconsistent with those specified in this 
part.
    (d) The licensee must perform an engineering analysis to assure that 
the proposed facilities will not cause interference to existing OFS 
stations within the coordination distance specified in Table 3 of a 
magnitude greater than that specified in the criteria set forth in 
paragraphs (e) and (f) of this section, unless there is prior agreement 
with the affected OFS licensee. Interference calculations shall be based 
on the sum of the power received at the terminals of each microwave 
receiver from all of the applicant's current and proposed PCS 
operations.

                                                      Table 3--Coordination Distances in Kilometers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         PCS Base Station Antenna HAAT in Meters
---------------------------------------------------------------------------------------------------------------------------------------------------------
                     EIRP(W)                         5      10      20      50      100     150     200     250     300     500    1000    1500    2000
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.1.............................................      90      93      99     110     122     131     139     146     152     173     210     239     263
0.5.............................................      96     100     105     116     128     137     145     152     158     179     216     245     269
1...............................................      99     103     108     119     131     140     148     155     161     182     219     248     272
2...............................................     120     122     126     133     142     148     154     159     164     184     222     250     274
5...............................................     154     157     161     168     177     183     189     194     198     213     241     263     282
10..............................................     180     183     187     194     203     210     215     220     225     240     268     291     310
20..............................................     206     209     213     221     229     236     242     247     251     267     296     318     337
50..............................................     241     244     248     255     264     271     277     282     287     302     331     354     374
100.............................................     267     270     274     282     291     297     303     308     313     329     358     382     401
200.............................................     293     296     300     308     317     324     330     335     340     356     386     409     436
500.............................................     328     331     335     343     352     359     365     370     375     391     421     440
1000............................................     354     357     361     369     378     385     391     397     402     418
1200............................................     361     364     368     376     385     392     398     404     409     425
1640............................................     372     375     379     388     397     404     410     416     421     437
2400............................................     384     387     391     399     408     415     423     427     431
3280............................................     396     399     403     412     419     427     435     439     446
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 146]]

    (e) For microwave paths of 25 kilometers or less, interference 
determinations shall be based on the C/I criteria set forth in TIA 
Telecommunications Systems Bulletin 10-F, ``Interference Criteria for 
Microwave Systems,'' May 1994 (TSB10-F).
    (f) For microwave paths longer than 25 kilometers, the interference 
protection criterion shall be such that the interfering signal will not 
produce more than 1.0 dB degradation of the practical threshold of the 
microwave receiver for analog system, or such that the interfering 
signal will not cause an increase in the bit error rate (BER) from 10E-6 
to 10E-5 for digital systems.
    (g) The development of the C/I ratios and interference criteria 
specified in paragraphs (e) and (f) of this section and the methods 
employed to compute the interfering power at the microwave receivers 
shall follow generally acceptable good engineering practices. The 
procedures described for computing interfering signal levels in 
(Appendix I to this subpart E Appendix E of the Memorandum Opinion and 
Order, GEN Docket No. 90-314, FCC 94-144) shall be applied. 
Alternatively, procedures for determining interfering signal levels and 
other criteria as may be developed by the Electronics Industries 
Association (EIA), the Institute of Electrical and Electronics 
Engineers, Inc. (IEEE), the American National Standards Institute (ANSI) 
or any other recognized authority will be acceptable to the Commission.

[59 FR 32854, June 24, 1994, as amended at 61 FR 29691, June 21, 1996; 
69 FR 75171, Dec. 15, 2004]



Sec. 24.238  Emission limitations for Broadband PCS equipment.

    The rules in this section govern the spectral characteristics of 
emissions in the Broadband Personal Communications Service.
    (a) Out of band emissions. The power of any emission outside of the 
authorized operating frequency ranges must be attenuated below the 
transmitting power (P) by a factor of at least 43 + 10 log(P) dB.
    (b) Measurement procedure. Compliance with these rules is based on 
the use of measurement instrumentation employing a resolution bandwidth 
of 1 MHz or greater. However, in the 1 MHz bands immediately outside and 
adjacent to the frequency block a resolution bandwidth of at least one 
percent of the emission bandwidth of the fundamental emission of the 
transmitter may be employed. A narrower resolution bandwidth is 
permitted in all cases to improve measurement accuracy provided the 
measured power is integrated over the full required measurement 
bandwidth (i.e. 1 MHz or 1 percent of emission bandwidth, as specified). 
The emission bandwidth is defined as the width of the signal between two 
points, one below the carrier center frequency and one above the carrier 
center frequency, outside of which all emissions are attenuated at least 
26 dB below the transmitter power.
    (c) Alternative out of band emission limit. Licensees in this 
service may establish an alternative out of band emission limit to be 
used at specified band edge(s) in specified geographical areas, in lieu 
of that set forth in this section, pursuant to a private contractual 
arrangement of all affected licensees and applicants. In this event, 
each party to such contract shall maintain a copy of the contract in 
their station files and disclose it to prospective assignees or 
transferees and, upon request, to the FCC.
    (d) Interference caused by out of band 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.

[67 FR 77192, Dec. 17, 2002]

   Policies Governing Microwave Relocation From the 1850-1990 MHz Band



Sec. 24.239  Cost-sharing requirements for broadband PCS.

    Frequencies in the 1850-1990 MHz band listed in Sec. 101.147(c) of 
this chapter have been allocated for use by PCS. In accordance with 
procedures specified in Sec. Sec. 101.69 through 101.81 of this 
chapter, PCS entities (both licensed and unlicensed) are required to 
relocate the existing Fixed Microwave Services (FMS)

[[Page 147]]

licensees in these bands if interference to the existing FMS operations 
would occur. All PCS entities who benefit from spectrum clearance by 
other PCS entities or a voluntarily relocating microwave incumbent, must 
contribute to such relocation costs. PCS entities may satisfy this 
requirement by entering into private cost-sharing agreements or agreeing 
to terms other than those specified in Sec. 24.243. However, PCS 
entities are required to reimburse other PCS entities or voluntarily 
relocating microwave incumbents that incur relocation costs and are not 
parties to the alternative agreement. In addition, parties to a private 
cost-sharing agreement may seek reimbursement through the clearinghouse 
(as discussed in Sec. 24.241) from PCS entities that are not parties to 
the agreement. The cost-sharing plan is in effect during all phases of 
microwave relocation specified in Sec. 101.69 of this chapter. If a 
licensee in the Broadband PCS Service enters into a spectrum leasing 
arrangement (as set forth in part 1, subpart X of this chapter) and the 
spectrum lessee triggers a cost-sharing obligation, the licensee is the 
PCS entity responsible for satisfying the cost-sharing obligations under 
Sec. Sec. 24.239 through 24.253.

[62 FR 12757, Mar. 18, 1997, as amended at 69 FR 77559, Dec. 27, 2004]



Sec. 24.241  Administration of the Cost-Sharing Plan.

    The Wireless Telecommunications Bureau, under delegated authority, 
will select an entity to operate as a neutral, not-for-profit 
clearinghouse. This clearinghouse will administer the cost-sharing plan 
by, inter alia, maintaining all of the cost and payment records related 
to the relocation of each link and determining the cost-sharing 
obligation of subsequent PCS entities. The cost-sharing rules will not 
take effect until an administrator is selected.

[61 FR 29691, June 12, 1996]



Sec. 24.243  The cost-sharing formula.

    A PCS relocator who relocates an interfering microwave link, i.e. 
one that is in all or part of its market area and in all or part of its 
frequency band or a voluntarily relocating microwave incumbent, is 
entitled to pro rata reimbursement based on the following formula:
[GRAPHIC] [TIFF OMITTED] TR12JN96.001

    (a) RN equals the amount of reimbursement.
    (b) C equals the actual cost of relocating the link. Actual 
relocation costs include, but are not limited to, such items as: Radio 
terminal equipment (TX and/or RX--antenna, necessary feed lines, MUX/
Modems); towers and/or modifications; back-up power equipment; 
monitoring or control equipment; engineering costs (design/path survey); 
installation; systems testing; FCC filing costs; site acquisition and 
civil works; zoning costs; training; disposal of old equipment; test 
equipment (vendor required); spare equipment; project management; prior 
coordination notification under Sec. 101.103(d) of this chapter; site 
lease renegotiation; required antenna upgrades for interference control; 
power plant upgrade (if required); electrical grounding systems; Heating 
Ventilation and Air Conditioning (HVAC) (if required); alternate 
transport equipment; and leased facilities. C also includes voluntarily 
relocating microwave incumbent's independent third party appraisal of 
its compensable relocation costs and incumbent transaction expenses that 
are directly attributable to the relocation, subject to a cap of two 
percent of the ``hard'' costs involved. C may not exceed $250,000 per 
link, with an additional $150,000 permitted if a new or modified tower 
is required.
    (c) N equals the number of PCS entities that would have interfered 
with the link. For the PCS relocator, N=1. For the next PCS entity that 
would have interfered with the link, N=2, and so on. In the case of a 
voluntarily relocating microwave incumbent, N=1 for the first PCS entity 
that would have interfered with the link. For the next PCS entity that 
would have interfered with the link, N=2, and so on.
    (d) Tm equals the number of months that have elapsed between the 
month the PCS relocator or voluntarily relocating microwave incumbent 
obtains reimbursement rights for the link and

[[Page 148]]

the month that the clearinghouse notifies a later-entrant of its 
reimbursement obligation for the link. A PCS relocator obtains 
reimbursement rights for the link on the date that it signs a relocation 
agreement with a microwave incumbent. A voluntarily relocating microwave 
incumbent obtains reimbursement rights for the link on the date that the 
incumbent notifies the Commission that it intends to discontinue, or has 
discontinued, the use of the link, pursuant to Sec. 101.305 of the 
Commission's rules.

[62 FR 12757, Mar. 18, 1997, as amended at 65 FR 46113, July 27, 2000]



Sec. 24.245  Reimbursement under the Cost-Sharing Plan.

    (a) Registration of reimbursement rights. (1) To obtain 
reimbursement, a PCS relocator must submit documentation of the 
relocation agreement to the clearinghouse within ten business days of 
the date a relocation agreement is signed with an incumbent.
    (2) To obtain reimbursement, a voluntarily relocating microwave 
incumbent must submit documentation of the relocation of the link to the 
clearinghouse within ten business days of the date that the incumbent 
notifies the Commission that it intends to discontinue, or has 
discontinued, the use of the link, pursuant to Sec. 101.305 of the 
Commission's rules.
    (b) Documentation of expenses. Once relocation occurs, the PCS 
relocator or the voluntarily relocating microwave incumbent, must submit 
documentation itemizing the amount spent for items listed in Sec. 
24.243(b). The voluntarily relocating microwave incumbent, must also 
submit an independent third party appraisal of its compensable 
relocation costs. The appraisal should be based on the actual cost of 
replacing the incumbent's system with comparable facilities and should 
exclude the cost of any equipment upgrades or items outside the scope of 
Sec. 24.243(b). The PCS relocator or the voluntarily relocating 
microwave incumbent, must identify the particular link associated with 
appropriate expenses (i.e., costs may not be averaged over numerous 
links). If a PCS relocator pays a microwave incumbent a monetary sum to 
relocate its own facilities, the PCS relocator must estimate the costs 
associated with relocating the incumbent by itemizing the anticipated 
cost for items listed in Sec. 24.243(b). If the sum paid to the 
incumbent cannot be accounted for, the remaining amount is not eligible 
for reimbursement. A PCS relocator may submit receipts or other 
documentation to the clearinghouse for all relocation expenses incurred 
since April 5, 1995.
    (c) Full Reimbursement. A PCS relocator who relocates a microwave 
link that is either fully outside its market area or its licensed 
frequency band may seek full reimbursement through the clearinghouse of 
compensable costs, up to the reimbursement cap as defined in Sec. 
24.243(b). Such reimbursement will not be subject to depreciation under 
the cost-sharing formula.

[61 FR 29692, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997; 
65 FR 46113, July 27, 2000]



Sec. 24.247  Triggering a reimbursement obligation.

    (a) Licensed PCS. The clearinghouse will apply the following test to 
determine if a PCS entity preparing to initiate operations must pay a 
PCS relocator or a voluntarily relocating microwave incumbent in 
accordance with the formula detailed in Sec. 24.243:
    (1) All or part of the relocated microwave link was initially co-
channel with the licensed PCS band(s) of the subsequent PCS entity;
    (2) A PCS relocator has paid the relocation costs of the microwave 
incumbent; and
    (3) The subsequent PCS entity is preparing to turn on a fixed base 
station at commercial power and the fixed base station is located within 
a rectangle (Proximity Threshold) described as follows:
    (i) The length of the rectangle shall be x where x is a line 
extending through both nodes of the microwave link to a distance of 48 
kilometers (30 miles) beyond each node. The width of the rectangle shall 
be y where y is a line perpendicular to x and extending for a distance 
of 24 kilometers (15 miles) on both sides of x. Thus, the rectangle is 
represented as follows:

[[Page 149]]

[GRAPHIC] [TIFF OMITTED] TC01MR91.041

    (ii) If the application of the Proximity Threshold test indicates 
that a reimbursement obligation exists, the clearinghouse will calculate 
the reimbursement amount in accordance with the cost-sharing formula and 
notify the subsequent PCS entity of the total amount of its 
reimbursement obligation.
    (b) Unlicensed PCS. UTAM's reimbursement obligation is triggered 
either:
    (1) When a county is cleared of microwave links in the unlicensed 
allocation, and UTAM invokes a Zone 1 power cap as a result of third 
party relocation activities; or
    (2) A county is cleared of microwave links in the unlicensed 
allocation and UTAM reclassifies a Zone 2 county to Zone 1 status.
    (c) Any new entrants granted licenses for the 1910-1915 MHz band 
must reimburse UTAM a pro rata share of its total expenses incurred by 
UTAM as of the date that the new entrants gain access to the band. The 
percent required by new entrants to pay shall be calculated based upon 
the amount of spectrum granted to the new entrant as compared to the 
total amount of spectrum UTAM is responsible for clearing of incumbents 
(20 megahertz), and must be paid before a new entrant begins operations 
in the band. For example, if a new entrant obtains a license for 5 
megahertz of spectrum in this band, it is required to reimburse UTAM 
one-quarter of UTAM's total costs to date on a pro rata shared basis. 
New entrants will be responsible for the actual costs associated with 
future relocation activities in their licensed spectrum, but will be 
entitled to seek reimbursement from UTAM for the proportion of those 
band clearing costs that benefit users of the 1915-1930 MHz band.

[61 FR 29692, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997; 
69 FR 67836, Nov. 22, 2004]



Sec. 24.249  Payment issues.

    (a) Timing. On the day that a PCS entity files its prior 
coordination notice (PCN) in accordance with Sec. 101.103(d) of this 
chapter, it must file a copy of the PCN with the clearinghouse. The 
clearinghouse will determine if any reimbursement obligation exists and 
notify the PCS entity in writing of its repayment obligation, if any. 
When the PCS entity receives a written copy of such obligation, it must 
pay directly to the PCS relocator or the voluntarily relocating 
microwave incumbent the amount owed within thirty days, with the 
exception of those businesses that qualify for installment payments. A 
business that qualifies for an installment payment plan must make its 
first installment payment within thirty days of notice from the 
clearinghouse. UTAM's first payment will be due thirty days after its 
reimbursement obligation is triggered, as described in Sec. 24.247(b).
    (b) Eligibility for Installment Payments. PCS licensees that are 
allowed to pay for their licenses in installments under

[[Page 150]]

our designated entity rules will have identical payment options 
available to them with respect to payments under the cost-sharing plan. 
The specific terms of the installment payment mechanism, including the 
treatment of principal and interest, are the same as those applicable to 
the licensee's installment auction payments. If, for any reason, the 
entity eligible for installment payments is no longer eligible for such 
installment payments on its license, that entity is no longer eligible 
for installment payments under the cost-sharing plan. UTAM may make 
quarterly payments over a five-year period with an interest rate of 
prime plus 2.5 percent. UTAM may also negotiate separate repayment 
arrangements with other parties.

[61 FR 29693, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997]



Sec. 24.251  Dispute resolution under the Cost-Sharing Plan.

    Disputes arising out of the cost-sharing plan, such as disputes over 
the amount of reimbursement required, must be brought, in the first 
instance, to the clearinghouse for resolution. To the extent that 
disputes cannot be resolved by the clearinghouse, parties are encouraged 
to use expedited ADR procedures, such as binding arbitration, mediation, 
or other ADR techniques.

[61 FR 29693, June 12, 1996]



Sec. 24.253  Termination of cost-sharing obligations.

    The cost-sharing plan will sunset for all PCS entities on April 4, 
2005, which is ten years after the date that voluntary negotiations 
commenced for A and B block PCS entities. Those PCS entities that are 
paying their portion of relocation costs on an installment basis must 
continue the payments until the obligation is satisfied.

[61 FR 29693, June 12, 1996]

  Appendix I to Subpart E of Part 24--A Procedure for Calculating PCS 
   Signal Levels at Microwave Receivers (Appendix E of the Memorandum 
                           Opinion and Order)

    The new Rules adopted in Part 24 stipulate that estimates of 
interference to fixed microwave operations from a PCS operation will be 
based on the sum of signals received at a microwave receiver from the 
PCS operation. This appendix describes a procedure for computing this 
PCS level.
    In general, the procedure involves four steps:
    1. Determine the geographical coordinates of all microwave receivers 
operating on co-channel and adjacent frequencies within the coordination 
distance of each base station and the characteristics of each receiver, 
i.e., adjacent channel susceptibility, antenna gain, pattern and height, 
and line and other losses.
    2. Determine an equivalent isotropically radiated power (e.i.r.p.) 
for each base station and equivalent e.i.r.p. values for the mobiles and 
portables associated with each base station. Determine the values of 
pertinent correction and weighting factors based on building heights and 
density and distribution of portables. Close-in situations, prominent 
hills, and extra tall buildings require special treatment.
    3. Based on PCS e.i.r.p. values, correction and weighting factors, 
and microwave receiving system characteristics determined above, 
calculate the total interference power at the input of each microwave 
receiver, using the Longley-Rice propagation model.
    4. Based on the interference power level computed in step 3, 
determine interference to each microwave receiver using criteria 
described in Part 24 and EIA/TIA Bulletin 10-F.
    The interference from each base station and the mobiles and 
portables associated with it is calculated as follows:

Prbi=10Log (ptbi)-Lbi-
UCi+Gmwi-Ci-BPi
Prmi=10Log (nmixptmi)-Lmi-
UCi+Gmwi-Ci
Prpsi=10Log (npsixptpsi)-
Lpsi-UCi+Gmwi-Ci
Prpbi=10Log (npbixptpbi)-
Lpbi-UCi-(BPi-BHi) 
+Gmwi-Ci
Prpri=10Log (nprixptpri)-
Lpri-(UCi-BHi)+Gmwi-
Ci

where:

P refers to Power in dBm
p refers to power in milliwatts
Prbi=Power at MW receiver from ith base station in dBm
ptbi=e.i.r.p. transmitted from ith base station in 
milliwatts, which equals average power per channel x number of channels 
x antenna gain with respect to an isotropic antenna - line loss
Lbi=Path loss between MW and base station site in dB
UCi=Urban correction factor in dB
Gmwi=Gain of MW antenna in pertinent direction (dBi)
Ci=Channel discrimination of MW system in dB
Prmi=Power at MW receiver from mobiles associated with ith 
base station
ptmi=e.i.r.p. transmitted from mobiles associated with ith 
base station

[[Page 151]]

nmi=Number of mobiles associated with ith base station
Lmi=Path loss between MW and mobile transmitters in dB
Prpsi=Power at MW receiver from outdoor portables (s for 
sidewalk)
ptpsi=e.i.r.p. transmitted from outdoor portables associated 
with ith base station
npsi=Number of outdoor portables associated with ith base 
station
Lpsi=Path loss between MW and outdoor portables in dB
Prpbi=Power at MW receiver from indoor portables (b for 
building)
ptpbi=e.i.r.p. transmitted from indoor portables associated 
with ith base station
npbi=number of indoor portables associated with ith base 
station
Lpbi=Path loss in dB between MW and base station site (using 
average building height divided by 2 as effective antenna height)
Prpri=Power at MW receiver from rooftop portables (r for 
rooftop)
ptpri=e.i.r.p. transmitted from rooftop portables associated 
with ith base station
npri=Number of rooftop portables associated with ith base 
station
Lpri=Path loss in dB between MW and base station site (using 
average building height as effective antenna height)
BPi=Building penetration loss at street level in dB
BHi=Height gain for portables in buildings dB=2.5x(nf-1), 
where nf is number of floors

    Note: where Ci varies from channel-to-channel, which 
often is the case, the summation process is more complex, requiring 
summation at a channel level first.

    Finally, the total PCS interference power at a given microwave 
receiver from all the base stations in a given frequency band is found 
by summing the contributions from the individual stations. Likewise, the 
total interference power at a given microwave receiver from all mobiles 
and portables operating in a given frequency band is found by summing 
the contributions from the mobiles and portables associated with each 
cell.
[GRAPHIC] [TIFF OMITTED] TR24JN94.017

    Base Stations. Interference from each base station to each microwave 
should normally be considered independently. A group of base stations 
having more or less (within 50 percent) the same 
height above average terrain, the same e.i.r.p., basically the same path 
to a microwave receiving site, and subtending an angle to that receiving 
site of less than 5 degrees, may be treated as a group, using the total 
power of the group and the average antenna height of the group to 
calculate path loss, L.
    Mobile Stations. The e.i.r.p. from mobile transmitters is weighted 
according to the number of base station channels expected to be devoted 
to mobile operation at any given time. The antenna height of mobiles 
used in calculating path loss, L, is assumed to be 2 meters.
    Portable Stations. The e.i.r.p. from the portable units associated 
with each base station is weighted according to the estimated portion of 
portables associated with that cell expected to be operated inside 
buildings at any given time and the portion which could be expected to 
be operating from elevated locations, such as balconies or building 
rooftops. For example, in the case of service intended for business use 
in an urban area, one might expect that perhaps 85 percent of the 
portables in use at any given time would be operating from within 
buildings and perhaps 5 percent might be operating from rooftops or 
balconies. The remaining 10 percent would be outside at street level.
    Calculation of an equivalent e.i.r.p. for cells in suburban areas 
will involve different weighting criteria.
    Urban Correction Factor. The urban correction factor (UC) depends on 
the height and density of buildings surrounding a base station. For the 
core area of large cities, it is assumed to be 35 dB. For medium size 
cities and fringe areas of large cities (4- to 6-story buildings with 
scattered taller buildings and lower buildings and open spaces) it is 
assumed to be 25 dB; for small cities and towns, 15 dB, and for suburban 
residential areas (one- and two-story, single family houses with 
scattered multiple-story apartment buildings, shopping centers and open 
areas), 10 dB.
    The unadjusted urban correction factor, UC, should not be applied to 
base station antenna heights that are greater than 50 percent of the 
average building height for a cell.

[[Page 152]]

    Building Height and Building Penetration Factors. The building 
height correction, BH, is a function of the average building height 
within the nominal coverage area of the base station. It is used in 
conjunction with the building penetration loss, BP, to adjust the 
expected interference contribution from that portion of the portables 
transmitting from within buildings. The adjustment is given by:

BP=20 dB in urban areas
BP=10 dB in suburban areas
BH=2.5x(nf-1) dB

where nf is the average height (number of floors) of the buildings in 
the area.
    (Note that this formula implies a net gain when the average building 
height is greater than 8 floors). All buildings more than twice the 
average height should be considered individually. The contribution to BH 
from that portion of portables in the building above the average 
building height should be increased by a factor of 20Log(h) dB, where h 
is the height of the portables above the average building height in 
meters.
    Channel Discrimination Factor. A factor based on the interference 
selectivity of the microwave receiver.
    Propagation Model. The PCS to microwave path loss, L, is calculated 
using the Longley-Rice propagation model, Version 1.2.2., in the point-
to-point mode. The Longley-Rice [1] model was derived from NBS Technical 
Note 101 [2], and updated in 1982 by Hufford [3]. Version 1.2.2 
incorporated modifications described in a letter by Hufford [4] in 1985. 
Terrain elevations used as input to the model should be from the U.S. 
Geological Survey 3-second digitized terrain database.
    Special Situations. If a cell size is large compared to the distance 
between the cell and a microwave receiving site so that it subtends an 
angle greater than 5 degrees, the cell should be subdivided and 
calculations should be based on the expected distribution of mobiles and 
portables within each subdivision.
    If terrain elevations within a cell differ by more than a factor of 
two-to-one, the cell should be subdivided and microwave interference 
calculations should be based on the average terrain elevation for each 
subdivision.
    If a co-channel PCS base station lies within the main beam of a 
microwave antenna (5 degrees), there is no 
intervening terrain obstructions, and the power at the microwave 
receiver from that base station, assuming free space propagation, would 
be 3 dB or less below the interference threshold, interference will be 
assumed to exist unless the PCS licensee can demonstrate otherwise by 
specific path loss calculations based on terrain and building losses.
    If any part of a cell or cell subdivision lies within the main beam 
of a co-channel microwave antenna, there is no intervening terrain 
obstructions, and the accumulative power of 5 percent or less of the 
mobiles, assuming free space propagation would be 3 dB or less below the 
interference threshold, interference will be assumed to exist unless the 
PCS licensee can demonstrate otherwise by specific path loss 
calculations based on terrain and building losses.
    If a building within a cell or cell subdivision lies within the main 
beam of a co-channel microwave antenna, there is no intervening terrain 
obstructions, and the cumulative power of 5 percent or fewer of the 
portables, assuming free space propagation, would be 3 dB or less below 
the interference threshold, interference will be assumed to exist unless 
the PCS licensee can demonstrate otherwise by specific path loss 
calculations based on terrain and building losses.

                               References:

    1. Longley, A.G. and Rice, P.L., ``Prediction of Tropospheric Radio 
Transmission Loss Over Irregular Terrain, A Computer Method-1968'', ESSA 
Technical Report ERL 79-ITS 67, Institute for Telecommunications 
Sciences, July 1968.
    2. Rice, P.L. Longley, A.G., Norton, K.A., Barsis, A.P., 
``Transmission Loss Predictions for Tropospheric Communications 
Circuits,'' NBS Technical Note 101 (Revised), Volumes I and II, U.S. 
Department of Commerce, 1967.
    3. Hufford, G.A., Longley, A.G. and Kissick, W.A., ``A Guide to the 
use of the ITS Irregular Terrain Model in the Area Prediction Mode'', 
NTIA Report 82-100, U.S. Department of Commerce, April 1982. Also, 
Circular letter, dated January 30, 1985, from G.A. Hufford, identifying 
modifications to the computer program.
    4. Hufford, G.A., Memorandum to Users of the ITS Irregular Terrain 
Model, Institute for Telecommunications Sciences, U.S. Department of 
Commerce, January 30, 1985.



       Subpart F_Competitive Bidding Procedures for Narrowband PCS

    Source: 59 FR 26747, May 24, 1994, unless otherwise noted.



Sec. 24.301  Narrowband PCS subject to competitive bidding.

    Mutually exclusive initial applications for narrowband PCS service 
licenses are subject to competitive bidding. The general competitive 
bidding procedures set forth in part 1, subpart Q of this chapter will 
apply unless otherwise provided in this subpart.

[67 FR 45367, July 9, 2002]

[[Page 153]]



Sec. 24.302-24.309  [Reserved]



Sec. 24.320  [Reserved]



Sec. 24.321  Designated entities.

    (a) Eligibility for small business provisions. (1) A small business 
is an entity that, together with its controlling interests and 
affiliates, has average gross revenues not exceeding $ 40 million for 
the preceding three years.
    (2) A very small business is an entity that, together with its 
controlling interests and affiliates, has average gross revenues not 
exceeding $ 15 million for the preceding three years.
    (b) Bidding credits. After August 7, 2000, a winning bidder that 
qualifies as a small business, as defined in this section, or a 
consortium of small businesses may use the bidding credit specified in 
Sec. 1.2110(f)(2)(iii) of this chapter. A winning bidder that qualifies 
as a very small business, as defined in this section, or a consortium of 
very small businesses may use the bidding credit specified in Sec. 
1.2110(f)(2)(ii) of this chapter.
    (c) Installment payments. Small businesses that are winning bidders 
on any regional license prior to August 7, 2000 will be eligible to pay 
the full amount of their winning bids in installments over the term of 
the license pursuant to the terms set forth in Sec. 1.2110(g) of this 
chapter.

[67 FR 45367, July 9, 2002, as amended at 68 FR 42998, July 21, 2003]



   Subpart G_Interim Application, Licensing and Processing Rules for 
                             Narrowband PCS

    Source: 59 FR 26749, May 24, 1994, unless otherwise noted.



Sec. 24.403  Authorization required.

    No person shall use or operate any device for the transmission of 
energy or communications by radio in the services authorized by this 
part except as provided in this part.



Sec. 24.404  Eligibility.

    (a) General. Authorizations will be granted upon proper application 
if:
    (1) The applicant is qualified under the applicable laws and the 
regulations, policies and decisions issued under the laws, including 
Sec. 24.12;
    (2) There are frequencies available to provide satisfactory service; 
and
    (3) The public interest, convenience or necessity would be served by 
a grant.
    (b) Alien ownership. A narrowband PCS authorization to provide 
Commercial Mobile Radio Service may not be granted to or held by:
    (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 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 
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. A 
Narrowband PCS authorization to provide Private Mobile Radio Service may 
not be granted to or held by a foreign government or a representative 
thereof.

[59 FR 26749, May 24, 1994, as amended at 61 FR 55581, Oct. 28, 1996; 65 
FR 35855, June 6, 2000]



Sec. Sec. 24.405-24.414  [Reserved]



Sec. 24.415  Technical content of applications; maintenance of list of station locations.

    (a) All applications required by this part shall contain all 
technical information required by the application forms or associated 
public notice(s). Applications other than initial applications for a 
narrowband PCS license must also comply with all technical requirements 
of the rules governing the narrowband PCS (see subparts C and D as 
appropriate). The following paragraphs describe a number of general 
technical requirements.

[[Page 154]]

    (b) Each application (except applications for initial licenses filed 
on Form 175) for a radio station authorization for narrowband PCS must 
comply with the provisions of Sec. Sec. 24.129 through 24.135.
    (c)-(i) [Reserved]
    (j) The location of the transmitting antenna shall be considered to 
be the station location. Narrowband PCS licensees must maintain a 
current list of all station locations, which must describe the 
transmitting antenna site by its geographical coordinates and also by 
conventional reference to street number, landmark, or the equivalent. 
All such coordinates shall be specified in terms of degrees, minutes, 
and seconds to the nearest second of latitude and longitude.

[59 FR 26749, May 24, 1994; 59 FR 43898, Aug. 25, 1994]



Sec. Sec. 24.416-24.429  [Reserved]



Sec. 24.430  Opposition to applications.

    (a) Petitions to deny (including petitions for other forms of 
relief) and responsive pleadings for Commission consideration must 
comply with Sec. 1.2108 of this chapter and 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 Sec. Sec. 1.41 through 1.52 
of this chapter except where otherwise provided in Sec. 1.2108 of this 
chapter;
    (3) Contain specific allegations of fact which, except for facts of 
which official notice may be taken, shall be supported by affidavit of a 
person or persons with personal knowledge thereof, and which shall be 
sufficient to demonstrate that the petitioner (or respondent) is a party 
in interest and that a grant of, or other Commission action regarding, 
the application would be prima facie inconsistent with the public 
interest; and
    (4) Contain 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) A petition to deny a major amendment to a previously filed 
application may only raise matters directly related to the amendment 
which could not have been raised in connection with the underlying, 
previously filed application. This does not apply to petitioners who 
gain standing because of the major amendment.
    (c) Parties who file frivolous petitions to deny may be subject to 
sanctions including monetary forfeitures, license revocation, if they 
are FCC licensees, and may be prohibited from participating in future 
auctions.

[59 FR 44072, Aug. 26, 1994, as amended at 65 FR 35855, June 6, 2000]



Sec. 24.431  Mutually exclusive applications.

    (a) The Commission will consider applications to be mutually 
exclusive if their conflicts are such that the grant of one application 
would effectively preclude by reason of harmful electrical interference, 
or other practical reason, the grant of one or more of the other 
applications. The Commission will presume ``harmful electrical 
interference'' to mean interference which would result in a material 
impairment to service rendered to the public despite full cooperation in 
good faith by all applicants or parties to achieve reasonable technical 
adjustments which would avoid electrical conflict.
    (b) Mutually exclusive applications filed on Form 175 for the 
initial provision of narrowband PCS service are subject to competitive 
bidding in accordance with the procedures in subpart F of this part and 
in 47 CFR part 1, subpart Q.
    (c) An application will be entitled to comparative consideration 
with one or more conflicting applications only if the Commission 
determines that such comparative consideration will serve the public 
interest.



Sec. Sec. 24.432-24.444  [Reserved]



       Subpart H_Competitive Bidding Procedures for Broadband PCS

    Source: 59 FR 37604, July 22, 1994, unless otherwise noted.

[[Page 155]]



Sec. 24.701  Broadband PCS subject to competitive bidding.

    Mutually exclusive initial applications for broadband PCS service 
licenses are subject to competitive bidding. The general competitive 
bidding procedures set forth in part 1, subpart Q of this chapter will 
apply unless otherwise provided in this subpart.

[67 FR 45367, July 9, 2002]



Sec. Sec. 24.702-24.708  [Reserved]



Sec. 24.709  Eligibility for licenses for frequency Blocks C or F.

    (a) General rule for licenses offered for closed bidding. (1) No 
application is acceptable for filing and no license shall be granted to 
a winning bidder in closed bidding for frequency block C or frequency 
block F, unless the applicant, together with its affiliates and persons 
or entities that hold interests in the applicant and their affiliates, 
have had gross revenues of less than $125 million in each of the last 
two years and total assets of less than $500 million at the time the 
applicant's short-form application (Form 175) is filed.
    (2) Any licensee awarded a license won in closed bidding pursuant to 
the eligibility requirements of this section (or pursuant to Sec. 
24.839(a)(2)) shall maintain its eligibility until at least five years 
from the date of initial license grant, except that a licensee's (or 
other attributable entity's) increased gross revenues or increased total 
assets due to nonattributable equity investments (i.e., from sources 
whose gross revenues and total assets are not considered under paragraph 
(b) of this section), debt financing, revenue from operations or other 
investments, business development, or expanded service shall not be 
considered.
    (3) Tiers. (i) For purposes of determining spectrum to which the 
eligibility requirements of this section are applicable, the BTA service 
areas (see Sec. 24.202(b)) are divided into two tiers according to 
their population as follows:
    (A) Tier 1: BTA service areas with population equal to or greater 
than 2.5 million;
    (B) Tier 2: BTA service areas with population less than 2.5 million.
    (ii) For Auction No. 35, the population of individual BTA service 
areas will be based on the 1990 census. For auctions beginning after the 
start of Auction No. 35, the population of individual BTA service areas 
will be based on the most recent available decennial census.
    (4) Application of eligibility requirements. (i) The following 
categories of licenses will be subject to closed bidding pursuant to the 
eligibility requirements of this section in auctions that begin after 
the effective date of this paragraph.
    (A) For Tier 1 BTAs, one of the 10 MHz C block licenses (1895-1900 
MHz paired with 1975-1980 MHz);
    (B) For Tier 2 BTAs, two of the 10 MHz C block licenses (1895-1900 
MHz paired with 1975-1980 MHz; 1900-1905 MHz paired with 1980-1985 MHz) 
and all 15 MHz C block licenses.
    (ii) Notwithstanding the provisions of paragraph (a)(4)(i) of this 
section, any C block license for operation on spectrum that has been 
offered, but not won by a bidder, in closed bidding in any auction 
beginning on or after March 23, 1999, will not be subject in a 
subsequent auction to closed bidding pursuant to the eligibility 
requirements of this section.
    (5) Special rule for licensees disaggregating or returning certain 
spectrum in frequency block C.
    (i) In addition to entities qualifying for closed bidding under 
paragraph (a)(1) of this section, any entity that was eligible for and 
participated in the auction for frequency block C, which began on 
December 18, 1995, or the reauction for frequency block C, which began 
on July 3, 1996, will be eligible to bid for C block licenses offered in 
closed bidding in any reauction of frequency block C spectrum that 
begins within two years of March 23, 1999.
    (ii) In cases of merger, acquisition, or other business combination 
of entities, where each of the entities is eligible to bid for C block 
licenses offered in closed bidding in any reauction of C block spectrum 
on the basis of the eligibility exception set forth in paragraph 
(a)(5)(i) of this section, the resulting entity will also be eligible 
for the exception specified in paragraph (a)(5)(i) of this section.

[[Page 156]]

    (iii) In cases of merger, acquisition, or other business combination 
of entities, where one or more of the entities are ineligible for the 
exception set forth in paragraph (a)(5)(i) of this section, the 
resulting entity will not be eligible pursuant to paragraph (a)(5)(i) of 
this section unless an eligible entity possesses de jure and de facto 
control over the resulting entity.
    (iv) The following restrictions will apply for any reauction of 
frequency block C spectrum conducted after March 24, 1998:
    (A) Applicants that elected to disaggregate and surrender to the 
Commission 15 MHz of spectrum from any or all of their frequency block C 
licenses, as provided in Amendment of the Commission's Rules Regarding 
Installment Payment Financing for Personal Communications Services (PCS) 
Licensees, Second Report and Order and Further Notice of Proposed Rule 
Making, WT Docket No. 97-82, 12 FCC Rcd 16,436 (1997), as modified by 
the Order on Reconsideration of the Second Report and Order, WT Docket 
No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), will not be eligible to apply 
for such disaggregated spectrum until 2 years from the start of the 
reauction of that spectrum.
    (B) Applicants that surrendered to the Commission any of their 
frequency block C licenses, as provided in Amendment of the Commission's 
Rules Regarding Installment Payment Financing for Personal 
Communications Services (PCS) Licensees, Second Report and Order and 
Further Notice of Proposed Rule Making, WT Docket No. 97-82, 12 FCC Rcd 
16,436 (1997), as modified by the Order on Reconsideration of the Second 
Report and Order, WT Docket No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), 
will not be eligible to apply for the licenses that they surrendered to 
the Commission until 2 years from the start of the reauction of those 
licenses if they elected to apply a credit of 70% of the down payment 
they made on those licenses toward the prepayment of licenses they did 
not surrender.
    (b) Exceptions to general rule--(1) Scope. The following provisions 
apply to licenses acquired in Auctions No. 5, 10, 11 or 22, or pursuant 
to Sec. 24.839(a)(2) or (a)(3) prior to October 30, 2000.
    (i) Small business consortia. Where an applicant (or licensee) is a 
consortium of small businesses, the gross revenues and total assets of 
each small business shall not be aggregated.
    (ii) Publicly-traded corporations. Where an applicant (or licensee) 
is a publicly traded corporation with widely dispersed voting power, the 
gross revenues and total assets of a person or entity that holds an 
interest in the applicant (or licensee), and its affiliates, shall not 
be considered.
    (iii) 25 Percent equity exception. The gross revenues and total 
assets of a person or entity that holds an interest in the applicant (or 
licensee), and its affiliates, shall not be considered so long as:
    (A) Such person or entity, together with its affiliates, holds only 
nonattributable equity equaling no more than 25 percent of the 
applicant's (or licensee's) total equity;
    (B) Except as provided in paragraph (b)(1)(v) of this section, such 
person or entity is not a member of the applicant's (or licensee's) 
control group; and
    (C) The applicant (or licensee) has a control group that complies 
with the minimum equity requirements of paragraph (b)(1)(v) of this 
section, and, if the applicant (or licensee) is a corporation, owns at 
least 50.1 percent of the applicant's (or licensee's) voting interests, 
and, if the applicant (or licensee) is a partnership, holds all of its 
general partnership interests.
    (iv) 49.9 Percent equity exception. The gross revenues and total 
assets of a person or entity that holds an interest in the applicant (or 
licensee), and its affiliates, shall not be considered so long as:
    (A) Such person or entity, together with its affiliates, holds only 
nonattributable equity equaling no more than 49.9 percent of the 
applicant's (or licensee's) total equity;
    (B) Except as provided in paragraph (b)(1)(vi) of this section, such 
person or entity is not a member of the applicant's (or licensee's) 
control group; and
    (C) The applicant (or licensee) has a control group that complies 
with the minimum equity requirements of paragraph (b)(1)(vi) of this 
section and, if the applicant (or licensee) is a corporation, owns at 
least 50.1 percent of the

[[Page 157]]

applicant's (or licensee's) voting interests, and, if the applicant (or 
licensee) is a partnership, holds all of its general partnership 
interests.
    (v) Control group minimum 25 percent equity requirement. In order to 
be eligible to exclude gross revenues and total assets of persons or 
entities identified in paragraph (b)(1)(iii) of this section, and 
applicant (or licensee) must comply with the following requirements:
    (A) Except for an applicant (or licensee) whose sole control group 
member is a preexisting entity, as provided in paragraph (b)(1)(v)(B) of 
this section, at the time the applicant's short-form application (Form 
175) is filed and until at least three years following the date of 
initial license grant, the applicant's (or licensee's) control group 
must own at least 25 percent of the applicant's (or licensee's) total 
equity as follows:
    (1) At least 15 percent of the applicant's (or licensee's) total 
equity must be held by qualifying investors, either unconditionally or 
in the form of options exercisable, at the option of the holder, at any 
time and at any exercise price equal to or less than the market value at 
the time the applicant files its short-form application (Form 175);
    (2) Such qualifying investors must hold 50.1 percent of the voting 
stock and all general partnership interests within the control group, 
and must have de facto control of the control group and of the 
applicant;
    (3) The remaining 10 percent of the applicant's (or licensee's) 
total equity may be owned, either unconditionally or in the form of 
stock options, by any of the following entities, which may not comply 
with Sec. 24.720(g)(1):
    (i) Institutional Investors;
    (ii) Noncontrolling existing investors in any preexisting entity 
that is a member of the control group;
    (iii) Individuals that are members of the applicant's (or 
licensee's) management; or
    (iv) Qualifying investors, as specified in Sec. 24.720(g)(3).
    (4) Following termination of the three-year period specified in 
paragraph (b)(1)(v)(A) of this section, qualifying investors must 
continue to own at least 10 percent of the applicant's (or licensee's) 
total equity unconditionally or in the form of stock options subject to 
the restrictions in paragraph (b)(1)(v)(A)(1) of this section. The 
restrictions specified in paragraphs (b)(1)(v)(A)(3)(i) through 
(b)(1)(v)(A)(3)(iv) of this section no longer apply to the remaining 
equity after termination of such three-year period.
    (B) At the election of an applicant (or licensee) whose control 
group's sole member is a preexisting entity, the 25 percent minimum 
equity requirements set forth in paragraph (b)(1)(v)(A) of this section 
shall apply, except that only 10 percent of the applicant's (or 
licensee's) total equity must be held in qualifying investors, and that 
the remaining 15 percent of the applicant's (or licensee's) total equity 
may be held by qualifying investors, or noncontrolling existing 
investors in such control group member or individuals that are members 
of the applicant's (or licensee's) management. These restrictions on the 
identity of the holder(s) of the remaining 15 percent of the licensee's 
total equity no longer apply after termination of the three-year period 
specified in paragraph (b)(1)(v)(A) of this section.
    (vi) Control group minimum 50.1 percent equity requirement. In order 
to be eligible to exclude gross revenues and total assets of persons or 
entities identified in paragraph (b)(1)(iv) of this section, an 
applicant (or licensee) must comply with the following requirements:
    (A) Except for an applicant (or licenses) whose sole control group 
member is a preexisting entity, as provided in paragraph (b)(1)(vi)(B) 
of this section, at the time the applicant's short-form application 
(Form 175) is filed and until at least three years following the date of 
initial license grant, the applicant's (or licensee's) control group 
must own at least 50.1 percent of the applicant's (or licensee's) total 
equity as follows:
    (1) At least 30 percent of the applicant's (or licensee's) total 
equity must be held by qualifying investors, either unconditionally or 
in the form of options, exercisable at the option of the holder, at any 
time and at any exercise price equal to or less than the market value at 
the time the applicant files its short-form application (Form 175);
    (2) Such qualifying investors must hold 50.1 percent of the voting 
stock and all

[[Page 158]]

general partnership interests within the control group and must have de 
facto control of the control group and of the applicant;
    (3) The remaining 20.1 percent of the applicant's (or licensee's) 
total equity may be owned by qualifying investors, either 
unconditionally or in the form of stock options not subject to the 
restrictions of paragraph (b)(1)(vi)(A)(1) of this section, or by any of 
the following entities which may not comply with Sec. 24.720(g)(1):
    (i) Institutional investors, either unconditionally or in the form 
of stock options;
    (ii) Noncontrolling existing investors in any preexisting entity 
that is a member of the control group, either unconditionally or in the 
form of stock options;
    (iii) Individuals that are members of the applicant's (or 
licensee's) management, either unconditionally or in the form of stock 
options; or
    (iv) Qualifying investors, as specified in Sec. 24.720(g)(3).
    (4) Following termination of the three-year period specified in 
paragraph (b)(1)(vi)(A) of this section, qualifying investors must 
continue to own at least 20 percent of the applicant's (or licensee's) 
total equity unconditionally or in the form of stock options subject to 
the restrictions in paragraph (b)(1)(vi)(A)(1) of this section. The 
restrictions specified in paragraph (b)(1)(vi)(A)(3)(i) through 
(b)(1)(vi)(A)(3)(iv) of this section no longer apply to the remaining 
equity after termination of such three-year period.
    (B) At the election of an applicant (or licensee) whose control 
group's sole member is a preexisting entity, the 50.1 percent minimum 
equity requirements set forth in paragraph (b)(1)(vi)(A) of this section 
shall apply, except that only 20 percent of the applicant's (or 
licensee's) total equity must be held by qualifying investors, and that 
the remaining 30.1 percent of the applicant's (or licensee's) total 
equity may be held by qualifying investors, or noncontrolling existing 
investors in such control group member or individuals that are members 
of the applicant's (or licensee's) management. These restrictions on the 
identity of the holder(s) of the remaining 30.1 percent of the 
licensee's total equity no longer apply after termination of the three-
year period specified in paragraph (b)(1)(vi)(A) of this section.
    (vii) Calculation of certain interests. Except as provided in 
paragraphs (b)(1)(v) and (b)(1)(vi) of this section, 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, 
except that such agreements may not be used to appear to terminate or 
divest ownership interests before they actually do so, in order to 
comply with the nonattributable equity requirements in paragraphs 
(b)(1)(iii)(A) and (b)(1)(iv)(A) of this section.
    (viii) Aggregation of affiliate interests. Persons or entities that 
hold interest in an applicant (or licensee) that are affiliates of each 
other or have an identify of interests identified in Sec. 
1.2110(c)(5)(iii) will be treated as though they were one person or 
entity and their ownership interests aggregated for purposes of 
determining an applicant's (or licensee's) compliance with the 
nonattributable equity requirements in paragraphs (b)(1)(iii)(A) and 
(b)(1)(iv)(A) of this section.

    Example 1 for paragraph (b)(1)(viii). ABC Corp. is owned by 
individuals, A, B, and C, each having an equal one-third voting interest 
in ABC Corp. A and B together, with two-thirds of the stock have the 
power to control ABC Corp. and have an identity of interest. If A & B 
invest in DE Corp., a broadband PCS applicant for block C, A and B's 
separate interests in DE Corp. must be aggregated because A and B are to 
be treated as one person.
    Example 2 for paragraph (b)(1)(viii). ABC Corp. has subsidiary BC 
Corp., of which it holds a controlling 51 percent of the stock. If ABC 
Corp. and BC Corp., both invest in DE Corp., their separate interests in 
DE Corp. must be aggregated because ABC Corp. and BC Corp. are 
affiliates of each other.

    (2) The following provisions apply to licenses acquired pursuant to 
Sec. 24.839(a)(2) or (a)(3) on or after October 30, 2000. In addition 
to the eligibility requirements set forth at 24.709(a) and (b), 
applicants and/or licensees seeking to acquire C and/or F block licenses 
pursuant to 24.839(a)(2) or (a)(3) will be subject to

[[Page 159]]

the controlling interest standard in 1.2110(c)(2) of this chapter for 
purposes of determining unjust enrichment payment obligations. See Sec. 
1.2111 of this chapter.
    (c) Short-form and long-form applications: Certifications and 
disclosure.
    (1) Short-form application. In addition to certifications and 
disclosures required by part 1, subpart Q of this chapter, each 
applicant to participate in closed bidding for frequency block C or 
frequency block F shall certify on its short-form application (Form 175) 
that it is eligible to bid on and obtain such license(s), and (if 
applicable) that it is eligible for designated entity status pursuant to 
this section and Sec. 24.720, and shall append the following 
information as an exhibit to its Form 175:
    (i) For all applicants: The applicant's gross revenues and total 
assets, computed in accordance with paragraphs (a) of this section and 
Sec. 1.2110(b)(1) through (b)(2) of this chapter.
    (ii) For all applicants that participated in Auction Nos. 5, 10, 11, 
and/or 22:
    (A) The identity of each member of the applicant's control group, 
regardless of the size of each member's total interest in the applicant, 
and the percentage and type of interest held;
    (B) The status of each control group member that is an institutional 
investor, an existing investor, and/or a member of the applicant's 
management;
    (C) The identity of each affiliate of the applicant and each 
affiliate of individuals or entities identified pursuant to paragraphs 
(C)(1)(ii)(A) and (c)(1)(ii)(B) of this section;
    (D) A certification that the applicant's sole control group member 
is a preexisting entity, if the applicant makes the election in either 
paragraph (b)(1)(v)(B) or (b)(1)(vi)(B)of this section; and
    (E) For an applicant that is a publicly traded corporation with 
widely disbursed voting power:
    (1) A certified statement that such applicant complies with the 
requirements of the definition of publicly traded corporation with 
widely disbursed voting power set forth in Sec. 24.720(f);
    (2) The identity of each affiliate of the applicant.
    (iii) For each applicant claiming status as a small business 
consortium, the information specified in paragraph (c)(1)(ii) of this 
section, for each member of such consortium.
    (2) Long-form application. In addition to the requirements in 
subpart I of this part and other applicable rules (e.g., Sec. Sec. 
20.6(e) and 20.9(b) of this chapter), each applicant submitting a long-
form application for a license(s) for frequency block C or F shall in an 
exhibit to its long-form application:
    (i) Disclose separately and in the aggregate the gross revenues and 
total assets, computed in accordance with paragraphs (a) and (b) of this 
section, for each of the following: The applicant; the applicant's 
affiliates, the applicant's control group members; the applicant's 
attributable investors; and affiliates of its attributable investors;
    (ii) 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 for 
a license(s) for frequency block C or frequency block F and its 
eligibility under Sec. Sec. 24.711, 24.712, 24.714 and 24.720, 
including the establishment of de facto and de jure control; such 
agreements and instruments include articles of incorporation and bylaws, 
shareholder agreements, voting or other trust agreements, partnership 
agreements, management agreements, joint marketing agreements, franchise 
agreements, and any other relevant agreements (including letters of 
intent), oral or written; and
    (iii) List and summarize any investor protection agreements and 
identify specifically any such provisions in those agreements identified 
pursuant to paragraph (c)(2)(ii) of this section, 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.
    (3) Records maintenance. All applicants, including those that are 
winning bidders, shall maintain at their principal place of business an 
updated file

[[Page 160]]

of ownership, revenue and asset information, including those documents 
referenced in paragraphs (c)(2)(ii) and (c)(2)(iii) of this section and 
any other documents necessary to establish eligibility under this 
section and any other documents necessary to establish eligibility under 
this section or under the definition of small business. Licensees (and 
their successors in interest) shall maintain such files for the term of 
the license. Applicants that do not obtain the license(s) for which they 
applied shall maintain such files until the grant of such license(s) is 
final, or one year from the date of the filing of their short-form 
application (Form 175), whichever is earlier.
    (d) Definitions. The terms control group, existing investor, 
institutional investor, nonattributable equity, preexisting entity, 
publicly traded corporation with widely dispersed voting power, 
qualifying investor, and small business used in this section are defined 
in Sec. 24.720.

[67 FR 45368, July 9, 2002, as amended at 68 FR 42998, July 21, 2003]



Sec. 24.710  [Reserved]



Sec. 24.711  Installment payments for licenses for frequency Block C.

    Installment payments. Each eligible licensee of frequency Block C 
may pay the remaining 90 percent of the net auction price for the 
license in installment payments pursuant to Sec. 1.2110(f) of this 
chapter and under the following terms:
    (a) For an eligible licensee with gross revenues exceeding $75 
million (calculated in accordance with Sec. 1.2110(n) of this chapter 
and Sec. 24.709(b)) in each of the two preceding years (calculated in 
accordance with Sec. 1.2110(n) of this chapter), interest shall be 
imposed based on the rate for ten-year U.S. Treasury obligations 
applicable on the date the license is granted, plus 3.5 percent; 
payments shall include both principal and interest amortized over the 
term of the license.
    (b) For an eligible licensee with gross revenues not exceeding $75 
million (calculated in accordance with Sec. 1.2110(b) of this chapter 
and Sec. 24.709(b)) in each of the two preceding years, interest shall 
be imposed based on the rate for ten-year U.S. Treasury obligations 
applicable on the date the license is granted, plus 2.5 percent; 
payments shall include interest only for the first year and payments of 
interest and principal amortized over the remaining nine years of the 
license term.
    (c) For an eligible licensee that qualifies as a small business or 
as a consortium of small businesses, interest shall be imposed based on 
the rate for ten-year U.S. Treasury obligations applicable on the date 
the license is granted; payments shall include interest only for the 
first six years and payments of interest and principal amortized over 
the remaining four years of the license term.

[67 FR 45371, July 9, 2002, as amended at 68 FR 42999, July 21, 2003]



Sec. 24.712  Bidding credits for licenses won for frequency Block C.

    (a) Except with respect to licenses won in closed bidding in 
auctions that begin after March 23, 1999, a winning bidder that 
qualifies as a small business, as defined in Sec. 24.720(b)(1), or a 
consortium of small businesses may use a bidding credit of fifteen 
percent, as specified in Sec. 1.2110(f)(2)(iii) of this chapter, to 
lower the cost of its winning bid.
    (b) Except with respect to licenses won in closed bidding in 
auctions that begin after March 23, 1999, a winning bidder that 
qualifies as a very small business, as defined in Sec. 24.720(b)(2), or 
a consortium of very small businesses may use a bidding credit of 
twenty-five percent as specified in Sec. 1.2110(f)(2)(ii) of this 
chapter, to lower the cost of its winning bid.
    (c) Unjust enrichment. The unjust enrichment provisions of Sec. 
1.2111(d) and (e)(2) of this chapter shall not apply with respect to 
licenses acquired in either the auction for frequency block C that began 
on December 18, 1995, or the reauction of block C spectrum that began on 
July 3, 1996.

[67 FR 45371, July 9, 2002, as amended at 68 FR 42999, July 21, 2003]

[[Page 161]]



Sec. 24.713  [Reserved]



Sec. 24.714  Partitioned licenses and disaggregated spectrum.

    (a) Eligibility. (1) Parties seeking approval for partitioning and 
disaggregation shall request an authorization for partial assignment of 
a license pursuant to Sec. 24.839.
    (2) Broadband PCS licensees in spectrum blocks A, B, D, and E and 
broadband PCS C and F block licenses not subject to the eligibility 
requirements of Sec. 24.709 may apply to partition their licensed 
geographic service area or disaggregate their licensed spectrum at any 
time following the grant of their licenses.
    (3) Broadband PCS licensees that acquired C or F block licenses in 
closed bidding subject to the eligibility requirements of Sec. 24.709 
may partition their licensed geographic service area or disaggregate 
their licensed spectrum at any time to an entity that meets the 
eligibility criteria set forth in Sec. 24.709 at the time the request 
for partial assignment of license is filed or to an entity that holds 
license(s) for frequency blocks C and F that met the eligibility 
criteria set forth in Sec. 24.709 at the time of receipt of such 
license(s). Partial assignment applications seeking partitioning or 
disaggregation of broadband PCS licenses in spectrum blocks C and F must 
include an attachment demonstrating compliance with this section.
    (b) Technical standards--(1) Partitioning. In the case of 
partitioning, applicants and licensees must file FCC Form 603 pursuant 
to Sec. 1.948 of this chapter and list the partitioned service area on 
a schedule to the application. The geographic coordinates must be 
specified in degrees, minutes, and seconds to the nearest second of 
latitude and longitude and must be based upon the 1983 North American 
Datum (NAD83).
    (2) Disaggregation. Spectrum may be disaggregated in any amount.
    (3) Combined partitioning and disaggregation. The Commission will 
consider requests for partial assignment of licenses that propose 
combinations of partitioning and disaggregation.
    (c) Installment payments--(1) Apportioning the balance on 
installment payment plans. When a winning bidder elects to pay for its 
license through an installment payment plan pursuant to Sec. Sec. 
1.2110(g) of this chapter or 24.716, and partitions its licensed area or 
disaggregates spectrum to another party, the outstanding balance owed by 
the licensee on its installment payment plan (including accrued and 
unpaid interest) shall be apportioned between the licensee and 
partitionee or disaggregatee. Both parties will be responsible for 
paying their proportionate share of the outstanding balance to the U.S. 
Treasury. In the case of partitioning, the balance shall be apportioned 
based upon the ratio of the population of the partitioned area to the 
population of the entire original license area calculated based upon the 
most recent census data. In the case of disaggregation, the balance 
shall be apportioned based upon the ratio of the amount of spectrum 
disaggregated to the amount of spectrum allocated to the licensed area.
    (2) Parties not qualified for installment payment plans. (i) When a 
winning bidder elects to pay for its license through an installment 
payment plan, and partitions its license or disaggregates spectrum to 
another party that would not qualify for an installment payment plan or 
elects not to pay its share of the license through installment payments, 
the outstanding balance owed by the licensee (including accrued and 
unpaid interest shall be apportioned according to Sec. 24.714(c)(1)).
    (ii) The partitionee or disaggregatee shall, as a condition of the 
approval of the partial assignment application, pay its entire pro rata 
amount within 30 days of Public Notice conditionally granting the 
partial assignment application. Failure to meet this condition will 
result in a rescission of the grant of the partial assignment 
application.
    (iii) The licensee shall be permitted to continue to pay its pro 
rata share of the outstanding balance and shall receive new financing 
documents (promissory note, security agreement) with a revised payment 
obligation, based on the remaining amount of time on the original 
installment payment schedule. These financing documents will replace

[[Page 162]]

the licensee's existing financing documents, which shall be marked 
``superseded'' and returned to the licensee upon receipt of the new 
financing documents. The original interest rate, established pursuant to 
Sec. 1.2110(g)(3)(i) of this chapter at the time of the grant of the 
initial license in the market, shall continue to be applied to the 
licensee's portion of the remaining government obligation. The 
Commission will require, as a further condition to approval of the 
partial assignment application, that the licensee execute and return to 
the U.S. Treasury the new financing documents within 30 days of the 
Public Notice conditionally granting the partial assignment application. 
Failure to meet this condition will result in the automatic cancellation 
of the grant of the partial assignment application.
    (iv) A default on the licensee's payment obligation will only affect 
the licensee's portion of the market.
    (3) Parties qualified for installment payment plans. (i) Where both 
parties to a partitioning or disaggregation agreement qualify for 
installment payments, the partitionee or disaggregatee will be permitted 
to make installment payments on its portion of the remaining government 
obligations, as calculated according to Sec. 24.714(c)(1).
    (ii) Each party will be required, as a condition to approval of the 
partial assignment application, to execute separate financing documents 
(promissory note, security agreement) agreeing to pay their pro rata 
portion of the balance due (including accrued and unpaid interest) based 
upon the installment payment terms for which they qualify under the 
rules. The financing documents must be returned to the U.S. Treasury 
within thirty (30) days of the Public Notice conditionally granting the 
partial assignment application. Failure by either party to meet this 
condition will result in the automatic cancellation of the grant of the 
partial assignment application. The interest rate, established pursuant 
to Sec. 1.2110(g)(3)(i) of this chapter at the time of the grant of the 
initial license in the market, shall continue to be applied to both 
parties' portion of the balance due. Each party will receive a license 
for their portion of the partitioned market or disaggregated spectrum.
    (iii) A default on an obligation will only affect that portion of 
the market area held by the defaulting party.
    (iv) Partitionees and disaggregatees that qualify for installment 
payment plans may elect to pay some of their pro rata portion of the 
balance due in a lump sum payment to the U.S. Treasury and to pay the 
remaining portion of the balance due pursuant to an installment payment 
plan.
    (d) 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. 24.15.
    (e) Construction requirements--(1) Requirements for partitioning. 
Parties seeking authority to partition must meet one of the following 
construction requirements:
    (i) The partitionee may certify that it will satisfy the applicable 
construction requirements set forth in Sec. 24.203 for the partitioned 
license area; or
    (ii) The original licensee may certify that it has or will meet its 
five-year construction requirement and will meet the ten-year 
construction requirement, as set forth in Sec. 24.203, for the entire 
license area. In that case, the partitionee must only satisfy the 
requirements for ``substantial service,'' as set forth in Sec. 
24.16(a), for the partitioned license area by the end of the original 
ten-year license term of the licensee.
    (iii) Applications requesting partial assignments of license for 
partitioning must include a certification by each party as to which of 
the above construction options they select.
    (iv) Partitionees must submit supporting documents showing 
compliance with the respective construction requirements within the 
appropriate five- and ten-year construction benchmarks set forth in 
Sec. 24.203.
    (v) Failure by any partitionee to meet its respective construction 
requirements will result in the automatic cancellation of the 
partitioned or disaggregated license without further Commission action.
    (2) Requirements for disaggregation. Parties seeking authority to 
disaggregate must submit with their

[[Page 163]]

partial assignment application a certification signed by both parties 
stating which of the parties will be responsible for meeting the five- 
and ten-year construction requirements for the PCS market as set forth 
in Sec. 24.203. Parties may agree to share responsibility for meeting 
the construction requirements. Parties that accept responsibility for 
meeting the construction requirements and later fail to do so will be 
subject to license forfeiture without further Commission action.

[62 FR 661, Jan. 6, 1997, as amended at 63 FR 68953, Dec. 14, 1998; 65 
FR 53638, Sept. 5, 2000; 67 FR 45371, July 9, 2002; 68 FR 42999, July 
21, 2003]



Sec. 24.716  Installment payments for licenses for frequency Block F.

    Installment Payments. Each eligible licensee of frequency Block F 
may pay the remaining 80 percent of the net auction price for the 
license in installment payments pursuant to Sec. 1.2110(g) of this 
chapter and under the following terms:
    (a) For an eligible licensee with gross revenues exceeding $75 
million (calculated in accordance with Sec. 1.2110(b) of this chapter 
and, when applicable, Sec. 24.709(b)) in each of the two preceding 
years (calculated in accordance with Sec. 1.2110(n) of this chapter), 
interest shall be imposed based on the rate for ten-year U.S. Treasury 
obligations applicable on the date the license is granted, plus 3.5 
percent; payments shall include both principal and interest amortized 
over the term of the license;
    (b) For an eligible licensee with gross revenues not exceeding $75 
million (calculated in accordance with Sec. 1.2110(b) of this chapter 
and, when applicable, Sec. 24.709(b)) in each of the two preceding 
years (calculated in accordance with Sec. 1.2110(n) of this chapter), 
interest shall be imposed based on the rate for ten-year U.S. Treasury 
obligations applicable on the date the license is granted, plus 2.5 
percent; payments shall include interest only for the first year and 
payments of interest and principal amortized over the remaining nine 
years of the license term; or
    (c) For an eligible licensee that qualifies as a small business or 
as a consortium of small businesses, interest shall be imposed based on 
the rate for ten-year U.S. Treasury obligations applicable on the date 
the license is granted; payments shall include interest only for the 
first two years and payments of interest and principal amortized over 
the remaining eight years of the license term.

[67 FR 45371, July 9, 2002, as amended at 68 FR 42999, July 21, 2003]



Sec. 24.717  Bidding credits for licenses for frequency Block F.

    (a) Except with respect to licenses won in closed bidding in 
auctions that begin after March 23, 1999, a winning bidder that 
qualifies as a small business, as defined in Sec. 24.720(b)(1), or a 
consortium of small businesses may use a bidding credit of fifteen 
percent, as specified in Sec. 1.2110(f)(2)(iii) of this chapter, to 
lower the cost of its winning bid.
    (b) Except with respect to licenses won in closed bidding in 
auctions that begin after March 23, 1999, a winning bidder that 
qualifies as a very small business, as defined in Sec. 24.720(b)(2), or 
a consortium of very small businesses may use a bidding credit of 
twenty-five percent as specified in Sec. 1.2110(f)(2)(ii) of this 
chapter, to lower the cost of its winning bid.

[68 FR 42999, July 21, 2003]



Sec. 24.720  Definitions.

    (a) Scope. The definitions in this section apply to Sec. Sec. 
24.709 through 24.717, unless otherwise specified in those sections.
    (b) Small and very small business. (1) A small business is an entity 
that, together with its affiliates and persons or entities that hold 
interest in such entity and their affiliates, has average annual gross 
revenues that are not more than $40 million for the preceding three 
years.
    (2) A very small business is an entity that, together with its 
affiliates and persons or entities that hold interests in such entity 
and their affiliates, has average annual gross revenues that are not 
more than $15 million for the preceding three years.
    (c) Institutional Investor. An institutional investor is an 
insurance company, a bank holding stock in trust accounts

[[Page 164]]

through its trust department, or an investment company as defined in 15 
U.S.C. 80a-3(a), including within such definition any entity that would 
otherwise meet the definition of investment company under 15 U.S.C. 80a-
3(a) but is excluded by the exemptions set forth in 15 U.S.C. 80a-3(b) 
and (c), without regard to whether such entity is an issuer of 
securities; provided that, if such investment company is owned, in whole 
or in part, by other entities, such investment company, such other 
entities and the affiliates of such other entities, taken as a whole, 
must be primarily engaged in the business of investing, reinvesting or 
trading in securities or in distributing or providing investment 
management services for securities.
    (d) Nonattributable Equity. (1) Nonattributable equity shall mean:
    (i) For corporations, voting stock or non-voting stock that includes 
no more than twenty-five percent of the total voting equity, including 
the right to vote such stock through a voting trust or other 
arrangement;
    (ii) For partnerships, joint ventures and other non-corporate 
entities, limited partnership interests and similar interests that do 
not afford the power to exercise control of the entity.
    (2) For purposes of assessing compliance with the equity limits in 
Sec. Sec. 24.709 (b)(1)(iii)(A) and (b)(1)(iv)(A), where such interests 
are not held directly in the applicant, the total equity held by a 
person or entity shall be determined by successive multiplication of the 
ownership percentages for each link in the vertical ownership chain.
    (e) Control Group. A control group is an entity, or a group of 
individuals or entities, that possesses de jure control and de facto 
control of an applicant or licensee, and as to which the applicant's or 
licensee's charters, bylaws, agreements and any other relevant documents 
(and amendments thereto) provide:
    (1) That the entity and/or its members own unconditionally at least 
50.1 percent of the total voting interests of a corporation;
    (2) That the entity and/or its members receive at least 50.1 percent 
of the annual distribution or any dividends paid on the voting stock of 
a corporation;
    (3) That, in the event of dissolution or liquidation of a 
corporation, the entity and/or its members are entitled to receive 100 
percent of the value of each share of stock in its possession and a 
percentage of the retained earnings of the concern that is equivalent to 
the amount of equity held in the corporation; and
    (4) That, for other types of businesses, the entity and/or its 
members have the right to receive dividends, profits and regular and 
liquidating distributions from the business in proportion to the amount 
of equity held in the business.

    Note to paragraph (e): Voting control does not always assure de 
facto control, such as for example, when the voting stock of the control 
group is widely dispersed (see e.g., Sec. 1.2110(c)(5)(ii)(C) of this 
chapter).

    (f) Publicly Traded Corporation with Widely Dispersed Voting Power. 
A publicly traded corporation with widely dispersed voting power is a 
business entity organized under the laws of the United States:
    (1) Whose shares, debt, or other ownership interests are traded on 
an organized securities exchange within the United States;
    (2) In which no person:
    (i) Owns more than 15 percent of the equity; or
    (ii) Possesses, directly or indirectly, through the ownership of 
voting securities, by contract or otherwise, the power to control the 
election of more than 15 percent of the members of the board of 
directors or other governing body of such publicly traded corporation; 
and
    (3) Over which no person other than the management and members of 
the board of directors or other governing body of such publicly traded 
corporation, in their capacities as such, has de facto control.
    (4) The term person shall be defined as in section 13(d) of the 
Securities and Exchange Act of 1934, as amended (15 U.S.C. 78(m)), and 
shall also include investors that are commonly controlled under the 
indicia of control set forth in the definition of affiliate in Sec. 
1.2110(c)(5) of the Commission's rules.

[[Page 165]]

    (g) Qualifying investor. (1) A qualifying investor is a person who 
is (or holds an interest in) a member of the applicant's (or licensee's) 
control group and whose gross revenues and total assets, when aggregated 
with those of all other attributable investors and affiliates, do not 
exceed the gross revenues and total assets limits specified in Sec. 
24.709(a), or, in the case of an applicant (or licensee) that is a small 
business, do not exceed the gross revenues limit specified in paragraph 
(b) of this section.
    (2) For purposes of assessing compliance with the minimum equity 
requirements of Sec. 24.709(b)(1)(v) and (b)(1)(vi), where such equity 
interests are not held directly in the applicant, interests held by 
qualifying investors shall be determined by successive multiplication of 
the ownership percentages for each link in the vertical ownership chain.
    (3) For purposes of Sec. 24.709(b)(1)(v)(A)(3) and 
(b)(1)(vi)(A)(3), a qualifying investor is a person who is (or holds an 
interest in) a member of the applicant's (or licensee's) control group 
and whose gross revenues and total assets do not exceed the gross 
revenues and total assets limits specified in Sec. 24.709(a).
    (h) Preexisting entity; Existing investor. A preexisting entity is 
an entity that was operating and earning revenues for at least two years 
prior to December 31, 1994. An existing investor is a person or entity 
that was an owner of record of a preexisting entity's equity as of 
November 10, 1994, and any person or entity acquiring de minimis equity 
holdings in a preexisting entity after that date.

    Note to paragraph (h): In applying the term existing investor to de 
minimis interests in preexisting entities obtained or increased after 
November 10, 1994, the Commission will scrutinize any significant 
restructuring of the preexisting entity that occurs after that date and 
will presume that any change of equity that is five percent or less of 
the preexisting entity's total equity is de minimis. The burden is on 
the applicant (or licensee) to demonstrate that changes that exceed five 
percent are not significant.

[67 FR 45372, July 9, 2002, as amended at 68 FR 42999, July 21, 2003; 68 
FR 57829, Oct. 7, 2003]



   Subpart I_Interim Application, Licensing, and Processing Rules for 
                              Broadband PCS

    Source: 59 FR 37610, July 22, 1994, unless otherwise noted.



Sec. Sec. 24.801-24.803  [Reserved]



Sec. 24.804  Eligibility.

    (a) General. Authorizations will be granted upon proper application 
if:
    (1) The applicant is qualified under all applicable laws and 
Commission regulations, policies and decisions;
    (2) There are frequencies available to provide satisfactory service; 
and
    (3) The public interest, convenience or necessity would be served by 
a grant.
    (b) Alien ownership. A broadband PCS authorization to provide 
Commercial Mobile Radio Service may not be granted to or held by:
    (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 any corporation 
organized under the laws of another 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 Commission finds that the 
public interest will be served by the refusal or revocation of such a 
license.
    (c) A broadband PCS authorization to provide Private Mobile Radio 
Service may not be granted to or held by a foreign government or a 
representative thereof.

[59 FR 37610, July 22, 1994, as amended at 61 FR 55581, Oct. 28, 1996]

[[Page 166]]



Sec. Sec. 24.805-24.814  [Reserved]



Sec. 24.815  Technical content of applications; maintenance of list of station locations.

    (a) All applications required by this part shall contain all 
technical information required by the application forms or associated 
Public Notice(s). Applications other than initial applications for a 
broadband PCS license must also comply with all technical requirements 
of the rules governing the broadband PC (see subparts C and E of this 
part as appropriate). The following paragraphs describe a number of 
general technical requirements.
    (b) Each application (except applications for initial licenses filed 
on Form 175) for a license for broadband PCS must comply with the 
provisions of Sec. Sec. 24.229-24.238 of the Commission's Rules.
    (c)-(i) [Reserved]
    (j) The location of the transmitting antenna shall be considered to 
be the station location. Broadband PCS licensees must maintain a current 
list of all station locations, which must describe the transmitting 
antenna site by its geographical coordinates and also by conventional 
reference to street number, landmark, or the equivalent. All such 
coordinates shall be specified in terms of degrees, minutes, and seconds 
to the nearest second of latitude and longitude.



Sec. Sec. 24.816-24.829  [Reserved]



Sec. 24.830  Opposition to applications.

    (a) Petitions to deny (including petitions for other forms of 
relief) and responsive pleadings for Commission consideration must 
comply with Sec. 1.2108 of this chapter and 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 Sec. Sec. 1.41 through 1.52 
of this chapter except where otherwise provided in Sec. 1.2108 of this 
chapter;
    (3) Contain specific allegations of fact which, except for facts of 
which official notice may be taken, shall be supported by affidavit of a 
person or persons with personal knowledge thereof, and which shall be 
sufficient to demonstrate that the petitioner (or respondent) is a party 
in interest and that a grant of, or other Commission action regarding, 
the application would be prima facie inconsistent with the public 
interest;
    (4) 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 (unless the Commission otherwise extends the filing 
deadline); and
    (5) Contain 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) A petition to deny a major amendment to a previously-filed 
application may only raise matters directly related to the amendment 
which could not have been raised in connection with the underlying 
previously-filed application. This subsection does not apply, however, 
to petitioners who gain standing because of the major amendment.



Sec. 24.831  Mutually exclusive applications.

    (a) The Commission will consider applications for broadband PCS 
licenses to be mutually exclusive if they relate to the same 
geographical boundaries (MTA or BTA) and are timely filed for the same 
frequency block.
    (b) Mutually exclusive applications filed on Form 175 for the 
initial provision of broadband PCS are subject to competitive bidding in 
accordance with the procedures in subpart H of this part and in part 1, 
subpart Q of this chapter.
    (c) An application will be entitled to comparative consideration 
with one or more conflicting applications only if the Commission 
determines that such comparative consideration will serve the public 
interest.
    (d)-(j) [Reserved]



Sec. 24.832  [Reserved]



Sec. 24.833  Post-auction divestitures.

    Any parties sharing a common non-controlling ownership interest who 
aggregate more PCS spectrum among

[[Page 167]]

them than a single entity is entitled to hold (See Sec. Sec. 20.6(e), 
24.710, 24.204, 24.229(c) of this chapter) will be permitted to divest 
sufficient properties within 90 days of the license grant to come into 
compliance with the spectrum aggregation limits as follows:
    (a) The broadband PCS applicant shall submit a signed statement with 
its long-form application stating that sufficient properties will be 
divested within 90 days of the license grant. If the licensee is 
otherwise qualified, the Commission will grant the applications subject 
to a condition that the licensee come into compliance with the PCS 
spectrum aggregation limits within 90 days of grant.
    (b) Within 90 days of license grant, the licensee must certify that 
the applicant and all parties to the application have come into 
compliance with the PCS spectrum aggregation limits. If the licensee 
fails to submit the certification within 90 days, the Commission will 
immediately cancel all broadband PCS licenses won by the applicant, 
impose the default penalty and, based on the facts presented, take any 
other action it may deem appropriate. Divestiture may be to an interim 
trustee if a buyer has not been secured in the required time frame, as 
long as the applicant has no interest in or control of the trustee, and 
the trustee may dispose of the property as it sees fit. In no event may 
the trustee retain the property for longer than six months from grant of 
license.

[59 FR 53371, Oct. 24, 1994]



Sec. Sec. 24.834-24.838  [Reserved]



Sec. 24.839  Transfer of control or assignment of license.

    (a) Restrictions on Assignments and Transfers of Licenses for 
Frequency Blocks C and F won in closed bidding. No assignment or 
transfer of control of a license for frequency Block C or frequency 
Block F won in closed bidding pursuant to the eligibility requirements 
of Sec. 24.709 will be granted unless:
    (1) The application for assignment or transfer of control is filed 
after five years from the date of the initial license grant; or
    (2) The proposed assignee or transferee meets the eligibility 
criteria set forth in Sec. 24.709 of this part at the time the 
application for assignment or transfer of control is filed, or the 
proposed assignee or transferee holds other license(s) for frequency 
blocks C and F and, at the time of receipt of such license(s), met the 
eligibility criteria set forth in Sec. 24.709 of this part; or
    (3) The application is for partial assignment of a partitioned 
service area to a rural telephone company pursuant to Sec. 24.714 of 
this part and the proposed assignee meets the eligibility criteria set 
forth in Sec. 24.709 of this part; or
    (4) The application is for an involuntary assignment or transfer of 
control to a bankruptcy trustee appointed under involuntary bankruptcy, 
an independent receiver appointed by a court of competent jurisdiction 
in a foreclosure action, or, in the event of death or disability, to a 
person or entity legally qualified to succeed the deceased or disabled 
person under the laws of the place having jurisdiction over the estate 
involved; provided that, the applicant requests a waiver pursuant to 
this paragraph; or
    (5) The assignment or transfer of control is pro forma; or
    (6) The application for assignment or transfer of control is filed 
on or after the date the licensee has notified the Commission pursuant 
to Sec. 24.203(c) that its five-year construction requirement has been 
satisfied.
    (b) If the assignment or transfer of control of a license is 
approved, the assignee or transferee is subject to the original 
construction requirement of Sec. 24.203 of this part.

[63 FR 68953, Dec. 14, 1998; as amended at 65 FR 53638, Sept. 5, 2000]



Sec. Sec. 24.840-24.844  [Reserved]



PART 25_SATELLITE COMMUNICATIONS--Table of Contents




                            Subpart A_General

Sec.
25.101 Basis and scope.
25.102 Station authorization required.
25.103 Definitions.
25.104 Preemption of local zoning of earth stations.
25.105-25.108 [Reserved]
25.109 Cross-reference.

[[Page 168]]

                   Subpart B_Applications and Licenses

                 General Application Filing Requirements

25.110 Filing of applications, fees, and number of copies.
25.111 Additional information.
25.112 Defective applications.
25.113 Station licenses and launch authority.
25.114 Applications for space station authorizations.
25.115 Application for earth station authorizations.
25.116 Amendments to applications.
25.117 Modification of station license.
25.118 Modifications not requiring prior authorization.
25.119 Assignment or transfer of control of station authorization.
25.120 Application for special temporary authorization.
25.121 License term and renewals.
25.129 Equipment authorization for portable earth-station transceivers.

                             Earth Stations

25.130 Filing requirements for transmitting earth stations.
25.131 Filing requirements for receive-only earth stations.
25.132 Verification of earth station antenna performance standards.
25.133 Period of construction; certification of commencement of 
          operation.
25.134 Licensing provisions of Very Small Aperture Terminal (VSAT) and 
          C-band Small Aperture Terminal (CSAT) networks.
25.135 Licensing provisions for earth station networks in the non-voice, 
          non-geostationary mobile-satellite service.
25.136 Licensing provisions for user transceivers in the 1.6/2.4 GHz, 
          1.5/1.6 GHz, and 2 GHz Mobile Satellite Services.
25.137 Application requirements for earth stations operating with non-
          U.S. licensed space stations.
25.138 Blanket licensing provisions of GSO FSS Earth Stations in the 
          18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-
          Earth), 28.35-28.6 GHz (Earth-to-space) and 29.25-30.0 GHz 
          (Earth-to-space) bands.
25.139 NGSO FSS coordination and information sharing between MVDDS 
          licensees in the 12.2 GHz to 12.7 GHz band.

                             Space Stations

25.140 Qualifications of fixed-satellite space station licensees.
25.142 Licensing provisions for the non-voice, non-geostationary mobile-
          satellite service.
25.143 Licensing provisions for the 1.6/2.4 GHz mobile-satellite service 
          and 2 GHz mobile-satellite service.
25.144 Licensing provisions for the 2.3 GHz satellite digital audio 
          radio service.
25.145 Licensing conditions for the Fixed-Satellite Service in the 20/30 
          GHz bands.
25.146 Licensing and operating authorization provisions for the non-
          geostationary satellite orbit fixed-satellite service (NGSO 
          FSS) in the bands 10.7 GHz to 14.5 GHz.
25.147 Licensing provision for NGSO MSS feeder downlinks in the band 
          6700-6875 MHz.
25.148 Licensing provisions for the Direct Broadcast Satellite Service.
25.149 Application requirements for ancillary terrestrial components in 
          the mobile-satellite service networks operating in the 1.5./
          1.6 GHz, 1.6/2.4 GHz and 2 GHz mobile-satellite service.

                       Processing of Applications

25.150 Receipt of applications.
25.151 Public notice period.
25.152 Dismissal and return of applications.
25.153 Repetitious applications.
25.154 Opposition to applications and other pleadings.
25.155 Mutually exclusive applications.
25.156 Consideration of applications.
25.157 Consideration of NGSO-like satellite applications.
25.158 Consideration of GSO-like satellite applications.
25.159 Limits on pending applications and unbuilt satellite systems.

   Forfeiture, Termination, and Reinstatement of Station Authorization

25.160 Administrative sanctions.
25.161 Automatic termination of station authorization.
25.162 Cause for termination of interference protection.
25.163 Reinstatement.
25.164 Milestones.
25.165 Posting of bonds.

                      Subpart C_Technical Standards

25.201 Definitions.
25.202 Frequencies, frequency tolerance and emission limitations.
25.203 Choice of sites and frequencies.
25.204 Power limits.
25.205 Minimum angle of antenna elevation.
25.206 Station identification.
25.207 Cessation of emissions.
25.208 Power flux density limits.
25.209 Antenna performance standards.
25.210 Technical requirements for space stations in the Fixed-Satellite 
          Service.
25.211 Analog video transmissions in the Fixed-Satellite Services.
25.212 Narrowband analog transmissions, digital transmissions, and video 
          transmissions in the GSO Fixed-Satellite Service.

[[Page 169]]

25.213 Inter-Service coordination requirements for the 1.6/2.4 GHz 
          mobile-satellite service.
25.214 Technical requirements for space stations in the satellite 
          digital audio radio service.
25.215 Technical requirements for space stations in the Direct Broadcast 
          Satellite Service.
25.216 Limits on emissions from mobile earth stations for protection of 
          aeronautical radionavigation-satellite service.
25.217 Default service rules.
25.218-25.219 [Reserved]
25.220 Non-conforming transmit/receive earth station operations.
25.221 Blanket Licensing provisions for Earth Stations on Vessels (ESVs) 
          receiving in the 3700-4200 MHz (space-to-Earth) frequency band 
          and transmitting in the 5925-6425 MHz (Earth-to-space) 
          frequency band, operating with Geostationary Satellites in the 
          Fixed-Satellite Service.
25.222 Blanket Licensing provisions for Earth Stations on Vessels (ESVs) 
          receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 
          GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth) frequency 
          bands and transmitting in the 14.0-14.5 GHz (Earth-to-space) 
          frequency band, operating with Geostationary Satellites in the 
          Fixed-Satellite Service.
25.223 Off-axis EIRP spectral density limits for feeder link earth 
          stations in the 17/24 GHz BSS.
25.224 Protection of receive-only earth stations in the 17/24 GHz BSS.
25.225 Geographic Service Requirements for 17/24 GHz Broadcasting 
          Satellite Service.
25.226-25.249 [Reserved]
25.250 Sharing between NGSO MSS Feeder links Earth Stations in the 19.3-
          19.7 GHz and 29.1-29.5 GHz Bands.
25.251 Special requirements for coordination.
25.252 Special requirements for ancillary terrestrial components 
          operating in the 2000-2020 MHz/2180-2200 MHz bands.
25.253 Special requirements for ancillary terrestrial components 
          operating in the 1626.5-1660.5 MHz/1525-1559 MHz bands.
25.254 Special requirements for ancillary terrestrial components 
          operating in the 1610-1626.5 MHz/2483.5-2500 MHz bands.
25.255 Procedures for resolving harmful interference related to 
          operation of ancillary terrestrial components operating in the 
          1.5./1.6 GHz, 1.6/2.4 GHz and 2 GHz bands.
25.256 Special Requirements for operations in the 3.65-3.7 GHz band.
25.257 Special requirements for operations in the band 29.1-29.25 GHz 
          between NGSO MSS and LMDS.
25.258 Sharing between NGSO MSS Feeder links Stations and GSO FSS 
          services in the 29.25-29.5 GHz Bands.
25.259 Time sharing between NOAA meteorological satellite systems and 
          non-voice, non-geostationary satellite systems in the 137-138 
          MHz band.
25.260 Time sharing between DoD meteorological satellite systems and 
          non-voice, non-geostationary satellite systems in the 400.15-
          401 MHz band.
25.261 Procedures for avoidance of in-line interference events for Non 
          Geostationary Satellite Orbit (NGSO) Satellite Network 
          Operations in the Fixed Satellite Service (FSS) Bands.
25.262 Space station coordination requirements in the 17/24 GHz BSS.

                     Subpart D_Technical Operations

25.271 Control of transmitting stations.
25.272 General inter-system coordination procedures.
25.273 Duties regarding space communications transmissions.
25.274 Procedures to be followed in the event of harmful interference.
25.275 Particulars of operation.
25.276 Points of communication.
25.277 Temporary fixed earth station operations.
25.278 Additional coordination obligation for non-geostationary and 
          geostationary satellite systems in frequencies allocated to 
          the fixed-satellite service.
25.279 Inter-satellite service.
25.280 Inclined orbit operations.
25.281 Automatic Transmitter Identification System (ATIS).
25.282 Orbit raising maneuvers.
25.283 End-of-life disposal.
25.284 Emergency Call Center Service.

Subpart E [Reserved]

            Subpart F_Competitive Bidding Procedures for DARS

25.401 Satellite DARS applications subject to competitive bidding.
25.402 [Reserved]
25.403 Bidding application and certification procedures.
25.404 Submission of down payment and filing of long-form applications.
25.405-25.406 [Reserved]

Subparts G-H [Reserved]

                Subpart I_Equal Employment Opportunities

25.601 Equal employment opportunities.

                  Subpart J_Public Interest Obligations

25.701 Public interest obligations.


[[Page 170]]


    Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 301, 
302, 303, 307, 309 and 332 of the Communications Act, as amended, 47 
U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332, unless otherwise 
noted.



                            Subpart A_General



Sec. 25.101  Basis and scope.

    (a) The rules and regulations in this part are issued pursuant to 
the authority contained in section 201(c)(11) of the Communications 
Satellite Act of 1962, as amended, section 501(c)(6) of the 
International Maritime Satellite Telecommunications Act, and titles I 
through III of the Communications Act of 1934, as amended.
    (b) The rules and regulations in this part supplement, and are in 
addition to the rules and regulations contained in or to be added to, 
other parts of this chapter currently in force, or which may 
subsequently be promulgated, and which are applicable to matters 
relating to communications by satellites.

[28 FR 13037, Dec. 5, 1963, as amended at 56 FR 24015, May 28, 1991]



Sec. 25.102  Station authorization required.

    (a) No person shall use or operate apparatus for the transmission of 
energy or communications or signals by space or earth stations except 
under, and in accordance with, an appropriate authorization granted by 
the Federal Communications Commission.
    (b) Protection from impermissible levels of interference to the 
reception of signals by earth stations in the Fixed-Satellite Service 
from terrestrial stations in a co-equally shared band is provided 
through the authorizations granted under this part.

[56 FR 24016, May 28, 1991]



Sec. 25.103  Definitions.

    (a) Communications common carrier. The term ``communications common 
carrier'' as used in this part means any person (individual, 
partnership, association, joint-stock company, trust, corporation, or 
other entity) engaged as a common carrier for hire, in interstate or 
foreign communication by wire or radio or in interstate or foreign radio 
transmission of energy, including such carriers as are described in 
subsection 2(b) (2) and (3) of the Communications Act of 1934, as 
amended, and, in addition, for purposes of subpart H of this part, 
includes any individual, partnership, association, joint-stock company, 
trust, corporation, or other entity which owns or controls, directly or 
indirectly, or is under direct or indirect common control with, any such 
carrier.
    (b) Authorized carrier. The term ``authorized carrier'' means a 
communications common carrier which is authorized by the Federal 
Communications Commission under the Communications Act of 1934, as 
amended, to provide services by means of communications satellites.
    (c) Communications satellite corporation. (1) The terms 
``communications satellite corporation'' or ``corporation'' as used in 
this part mean the corporation created pursuant to the provisions of 
Title III of the Communications Satellite Act of 1962.
    (2) The corporation shall be deemed to be a common carrier within 
the meaning of section 3(10) of the Communications Act of 1934, as 
amended.
    (d) Communication-satellite earth station complex. The term 
communication-satellite earth station complex includes transmitters, 
receivers, and communications antennas at the earth station site 
together with the interconnecting terrestrial facilities (cables, lines, 
or microwave facilities) and modulating and demodulating equipment 
necessary for processing of traffic received from the terrestrial 
distribution system(s) prior to transmission via satellite and of 
traffic received from the satellite prior to transfer of channels of 
communication to terrestrial distribution system(s).
    (e) Communication-satellite earth station complex functions. The 
communication-satellite earth station complex interconnects with 
terminal equipment of common carriers or authorized entities at the 
interface; accepts traffic from such entities at the interface, 
processes for transmission via satellite and performs the transmission 
function; receives traffic from a satellite or satellites, processes it 
in a form necessary to deliver channels of communication to terrestrial 
common carriers or such other authorized entities and

[[Page 171]]

delivers the processed traffic to such entities at the interface.
    (f) Interface. The point of interconnection between two distinct but 
adjacent communications systems having different functions. The 
interface in the communication-satellite service is that point where 
communications terminal equipment of the terrestrial common carriers or 
other authorized entities interconnects with the terminal equipment of 
the communication-satellite earth station complex. The interface in the 
communication-satellite service shall be located at the earth station 
site, or if this is impracticable, as close thereto as possible.
    (g) Emergency call center (ECC). A facility that subscribers of 
satellite commercial mobile radio services call when in need of 
emergency assistance by dialing ``911'' on their mobile satellite earth 
terminal.

[28 FR 13037, Dec. 5, 1963, as amended at 31 FR 3289, Mar. 2, 1966; 68 
FR 63997, Nov. 12, 2003; 69 FR 6582, Feb. 11, 2004]



Sec. 25.104  Preemption of local zoning of earth stations.

    (a) Any state or local zoning, land-use, building, or similar 
regulation that materially limits transmission or reception by satellite 
earth station antennas, or imposes more than minimal costs on users of 
such antennas, is preempted unless the promulgating authority can 
demonstrate that such regulation is reasonable, except that nonfederal 
regulation of radio frequency emissions is not preempted by this 
section. For purposes of this paragraph (a), reasonable means that the 
local regulation:
    (1) Has a clearly defined health, safety, or aesthetic objective 
that is stated in the text of the regulation itself; and
    (2) Furthers the stated health, safety or aesthetic objective 
without unnecessarily burdening the federal interests in ensuring access 
to satellite services and in promoting fair and effective competition 
among competing communications service providers.
    (b)(1) Any state or local zoning, land-use, building, or similar 
regulation that affects the installation, maintenance, or use of a 
satellite earth station antenna that is two meters or less in diameter 
and is located or proposed to be located in any area where commercial or 
industrial uses are generally permitted by non-federal land-use 
regulation shall be presumed unreasonable and is therefore preempted 
subject to paragraph (b)(2) of this section. No civil, criminal, 
administrative, or other legal action of any kind shall be taken to 
enforce any regulation covered by this presumption unless the 
promulgating authority has obtained a waiver from the Commission 
pursuant to paragraph (e) of this section, or a final declaration from 
the Commission or a court of competent jurisdiction that the presumption 
has been rebutted pursuant to paragraph (b)(2) of this section.
    (2) Any presumption arising from paragraph (b)(1) of this section 
may be rebutted upon a showing that the regulation in question:
    (i) Is necessary to accomplish a clearly defined health or safety 
objective that is stated in the text of the regulation itself;
    (ii) Is no more burdensome to satellite users than is necessary to 
achieve the health or safety objective; and
    (iii) Is specifically applicable on its face to antennas of the 
class described in paragraph (b)(1) of this section.
    (c) Any person aggrieved by the application or potential application 
of a state or local zoning or other regulation in violation of paragraph 
(a) of this section may, after exhausting all nonfederal administrative 
remedies, file a petition with the Commission requesting a declaration 
that the state or local regulation in question is preempted by this 
section. Nonfederal administrative remedies, which do not include 
judicial appeals of administrative determinations, shall be deemed 
exhausted when:
    (1) The petitioner's application for a permit or other authorization 
required by the state or local authority has been denied and any 
administrative appeal and variance procedure has been exhausted;
    (2) The petitioner's application for a permit or other authorization 
required by the state or local authority has been on file for ninety 
days without final action;

[[Page 172]]

    (3) The petitioner has received a permit or other authorization 
required by the state or local authority that is conditioned upon the 
petitioner's expenditure of a sum of money, including costs required to 
screen, pole-mount, or otherwise specially install the antenna, greater 
than the aggregate purchase or total lease cost of the equipment as 
normally installed; or
    (4) A state or local authority has notified the petitioner of 
impending civil or criminal action in a court of law and there are no 
more nonfederal administrative steps to be taken.
    (d) Procedures regarding filing of petitions requesting declaratory 
rulings and other related pleadings will be set forth in subsequent 
Public Notices. All allegations of fact contained in petitions and 
related pleadings must be supported by affidavit of a person or persons 
with personal knowledge thereof.
    (e) Any state or local authority that wishes to maintain and enforce 
zoning or other regulations inconsistent with this section may apply to 
the Commission for a full or partial waiver of this section. Such 
waivers may be granted by the Commission in its sole discretion, upon a 
showing by the applicant that local concerns of a highly specialized or 
unusual nature create a necessity for regulation inconsistent with this 
section. No application for waiver shall be considered unless it 
specifically sets forth the particular regulation for which waiver is 
sought. Waivers granted in accordance with this section shall not apply 
to later-enacted or amended regulations by the local authority unless 
the Commission expressly orders otherwise.
    (f) A satellite earth station antenna that is designed to receive 
direct broadcast satellite service, including direct-to-home satellite 
services, that is one meter or less in diameter or is located in Alaska 
is covered by the regulations in Sec. 1.4000 of this chapter.

[61 FR 10898, Mar. 18, 1996, as amended at 61 FR 46562, Sept. 4, 1996]

    Effective Date Note: At 61 FR 46562, Sept. 4, 1996, Sec. 25.104 was 
amended by revising paragraph (b)(1) and adding paragraph (f). 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. Sec. 25.105-25.108  [Reserved]



Sec. 25.109  Cross-reference.

    The space radiocommunications stations in the following services are 
not licensed under this part:
    (a) Amateur Satellite Service, see 47 CFR part 97.
    (b) Ship earth stations in the Maritime Mobile Satellite Service, 
see 47 CFR part 83.
    (c) Ship earth stations in the Maritime Mobile Satellite Service, 
see 47 CFR part 80.

[56 FR 24016, May 28, 1991, as amended at 67 FR 51113, Aug. 7, 2002; 70 
FR 32253, June 2, 2005]



                   Subpart B_Applications and Licenses

    Source: 56 FR 24016, May 28, 1991, unless otherwise noted.

                 General Application Filing Requirements



Sec. 25.110  Filing of applications, fees, and number of copies.

    (a) You can obtain application forms for this part by going online 
at www.fcc.gov/ibfs, where you may complete the form prior to submission 
via IBFS, the IB electronic filing system.
    (b) Submitting your application. All space station applications and 
all earth station applications must be filed electronically on Form 312. 
In this part, any party permitted or required to file information on 
Form 312 must file that information electronically through the 
International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter.
    (c) All correspondence and amendments concerning any application 
must identify:
    (1) The satellite radio service;
    (2) The applicant's name;
    (3) Station location;
    (4) The call sign or other identification of the station; and
    (5) The file number of the application involved.

[[Page 173]]

    (d) Copies. Applications must be filed electronically though IBFS. 
The Commission will not accept any paper version of any application.
    (e) Signing. Upon filing an application electronically, the 
applicant must print out the filed application, obtain the proper 
signatures, and keep the original in its files.
    (f) The applicant must pay the appropriate fee for its application 
and submit it in accordance with part 1, subpart G of this chapter.

[69 FR 47793, Aug. 6, 2004]



Sec. 25.111  Additional information.

    (a) The Commission may request from any party at any time additional 
information concerning any application, or any other submission or 
pleading regarding an application, filed under this part.
    (b) Applicants, permittees and licensees of radio stations governed 
by this part shall provide the Commission with all information it 
requires for the Advance Publication, Coordination and Notification of 
frequency assignments pursuant to the international Radio Regulations. 
No protection from interference caused by radio stations authorized by 
other Administrations is guaranteed unless coordination procedures are 
timely completed or, with respect to individual administrations, by 
successfully completing coordination agreements. Any radio station 
authorization for which coordination has not been completed may be 
subject to additional terms and conditions as required to effect 
coordination of the frequency assignments with other Administrations.
    (c) In the Direct Broadcast Satellite service, applicants and 
licensees shall also provide the Commission with all information it 
requires in order to modify the Appendix 30 Broadcasting-Satellite 
Service (``BSS'') Plans and associated Appendix 30A feeder-link Plans, 
if the system uses technical characteristics differing from those 
specified in the Appendix 30 BSS Plans, the Appendix 30A feederlink 
Plans, Annex 5 to Appendix 30 or Annex 3 to Appendix 30A. For such 
systems, no protection from interference caused by radio stations 
authorized by other Administrations is guaranteed until the agreement of 
all affected Administrations is obtained and the frequency assignment 
becomes a part of the appropriate Region 2 BSS and feeder-link Plans. 
Authorizations for which coordination is not completed and/or for which 
the necessary agreements under Appendices 30 and 30A have not been 
obtained may be subject to additional terms and conditions as required 
to effect coordination or obtain the agreement of other Administrations. 
Applicants and licensees shall also provide the Commission with the 
necessary Appendix 4 information required by the ITU Radiocommunication 
Bureau to advance publish, coordinate and notify the frequencies to be 
used for tracking, telemetry and control functions of DBS systems.

[56 FR 24016, May 28, 1991, as amended at 67 FR 51113, Aug. 7, 2002; 68 
FR 63997, Nov. 12, 2003]



Sec. 25.112  Defective applications.

    (a) An application will be unacceptable for filing and will be 
returned to the applicant with a brief statement identifying the 
omissions or discrepancies if:
    (1) The application is defective with respect to completeness of 
answers to questions, informational showings, internal inconsistencies, 
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.
    (3) The application requests authority to operate a space station in 
a frequency band that is not allocated internationally for such 
operations under the Radio Regulations of the International 
Telecommunication Union.
    (b) Applications for space station authority found defective under 
paragraph (a)(3) of this section will not be considered. Applications 
for authority found defective under paragraphs (a)(1) or (a)(2) 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

[[Page 174]]

with which the application is in conflict;
    (2) The Commission, upon its own motion, waives (or allows an 
exception to), in whole or in part, any rule, regulation or requirement.
    (c) If an applicant is requested by the Commission to file any 
additional information or any supplementary or explanatory information 
not specifically required in the prescribed application form or these 
rules, a failure to comply with the request within a specified time 
period will be deemed to render the application defective and will 
subject it to dismissal.

[56 FR 24016, May 28, 1991, as amended at 68 FR 51502, Aug. 27, 2003]



Sec. 25.113  Station licenses and launch authority.

    (a) Construction permits are not required for satellite earth 
stations. Construction of such stations may commence prior to grant of a 
license at the applicant's own risk. Applicants must comply with the 
provisions of 47 CFR 1.1312 relating to environmental processing prior 
to commencing construction.
    (b) [Reserved]
    (c) 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 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.
    (d) 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.
    (e) 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.
    (f) Construction permits are not required for U.S.-licensed space 
stations. Construction of such stations may commence, at the applicant's 
own risk, prior to grant of a license. Prior to commencing construction, 
however, applicants must notify the Commission in writing they plan to 
begin construction at their own risk.
    (g) Except as set forth in paragraph (h) of this section, a launch 
authorization and station license (i.e., operating authority) must be 
applied for and granted before a space station may be launched and 
operated in orbit. Request for launch authorization may be included in 
an application for space station license. However, an application for 
authority to launch and operate an on-ground spare satellite will be 
considered pursuant to the following procedures:
    (1) Applications for launch and operation of an on-ground spare 
NGSO-like satellite will be considered pursuant to the procedures set 
forth in Sec. 25.157, except as set forth in paragraph (g)(3) of this 
section.

[[Page 175]]

    (2) Applications for launch and operation of an on-ground spare GSO-
like satellite will be considered pursuant to the procedures set forth 
in Sec. 25.158, except as set forth in paragraph (g)(3) of this 
section.
    (3) Neither paragraph (g)(1) nor (g)(2) of this section will apply 
in cases where the space station to be launched is determined to be an 
emergency replacement for a previously authorized space station that has 
been lost as a result of a launch failure or a catastrophic in-orbit 
failure.
    (h) Licensees of Non-Geostationary Satellite Orbit (NGSO) satellite 
systems need not file separate applications to operate technically 
identical in-orbit spares authorized as part of a blanket license 
pursuant to Sec. 25.114(e) or any other satellite blanket licensing 
provision in this part. However, the licensee shall notify the 
Commission within 30 days of bringing the in-orbit spare into operation, 
and certify that operation of this space station did not cause the 
licensee to exceed the total number of operating space stations 
authorized by the Commission, and that the licensee will operate the 
space station within the applicable terms and conditions of its license. 
These notifications must be filed electronically on FCC Form 312.

[56 FR 24016, May 28, 1991, as amended at 61 FR 4366, Feb. 6, 1996; 61 
FR 9951, Mar. 12, 1996; 61 FR 55582, Oct. 28, 1996; 62 FR 5927, Feb. 10, 
1997; 62 FR 64172, Dec. 4, 1997; 68 FR 51502, Aug. 27, 2003; 69 FR 
47794, Aug. 6, 2004; 70 FR 32253, June 2, 2005]



Sec. 25.114  Applications for space station authorizations.

    (a) A comprehensive proposal shall be submitted for each proposed 
space station on FCC Form 312, Main Form and Schedule S, together with 
attached exhibits as described in paragraph (d) of this section.
    (b) Each application for a new or modified space station 
authorization must constitute a concrete proposal for Commission 
evaluation. Each application must also contain the formal waiver 
required by section 304 of the Communications Act, 47 U.S.C. 304. The 
technical information for a proposed satellite system specified in 
paragraph (c) of this section must be filed on FCC Form 312, Main Form 
and Schedule S. The technical information for a proposed satellite 
system specified in paragraph (d) of this section need not be filed on 
any prescribed form but should be complete in all pertinent details. 
Applications for all new space station authorizations must be filed 
electronically through the International Bureau Filing System (IBFS) in 
accordance with the applicable provisions of part 1, subpart Y of this 
chapter.
    (c) The following information shall be filed on FCC Form 312, Main 
Form and Schedule S:
    (1) Name, address, and telephone number of the applicant;
    (2) Name, address, and telephone number of the person(s), including 
counsel, to whom inquiries or correspondence should be directed;
    (3) Type of authorization requested (e.g., launch authority, station 
license, modification of authorization);
    (4)(i) Radio frequencies and polarization plan (including beacon, 
telemetry, and telecommand functions), center frequency and polarization 
of transponders (both receiving and transmitting frequencies),
    (ii) Emission designators and allocated bandwidth of emission, final 
amplifier output power (identify any net losses between output of final 
amplifier and input of antenna and specify the maximum EIRP for each 
antenna beam),
    (iii) Identification of which antenna beams are connected or 
switchable to each transponder and TT&C function,
    (iv) Receiving system noise temperature,
    (v) The relationship between satellite receive antenna gain pattern 
and gain-to-temperature ratio and saturation flux density for each 
antenna beam (may be indicated on antenna gain plot),
    (vi) The gain of each transponder channel (between output of 
receiving antenna and input of transmitting antenna) including any 
adjustable gain step capabilities, and
    (vii) Predicted receiver and transmitter channel filter response 
characteristics.
    (5) For satellites in geostationary-satellite orbit,

[[Page 176]]

    (i) Orbital location, or locations if alternatives are proposed, 
requested for the satellite,
    (ii) The factors that support the orbital assignment or assignments 
proposed in paragraph (c)(5)(i) of this section,
    (iii) Longitudinal tolerance or east-west station-keeping 
capability;
    (iv) Inclination incursion or north-south station-keeping 
capability.
    (6) For satellites in non-geostationary-satellite orbits,
    (i) The number of space stations and applicable information relating 
to the number of orbital planes,
    (ii) The inclination of the orbital plane(s),
    (iii) The orbital period,
    (iv) The apogee,
    (v) The perigee,
    (vi) The argument(s) of perigee,
    (vii) Active service arc(s), and
    (viii) Right ascension of the ascending node(s).
    (7) For satellites in geostationary-satellite orbit, accuracy with 
which the orbital inclination, the antenna axis attitude, and 
longitudinal drift will be maintained;
    (8) Calculation of power flux density levels within each coverage 
area and of the energy dispersal, if any, needed for compliance with 
Sec. 25.208, for angles of arrival of 5[deg], 10[deg], 15[deg], 
20[deg], and 25[deg] above the horizontal;
    (9) Arrangement for tracking, telemetry, and control;
    (10) Physical characteristics of the space station including weight 
and dimensions of spacecraft, detailed mass (on ground and in-orbit) and 
power (beginning and end of life) budgets, and estimated operational 
lifetime and reliability of the space station and the basis for that 
estimate;
    (11) A clear and detailed statement of whether the space station is 
to be operated on a common carrier basis, or whether non-common carrier 
transactions are proposed. If non-common carrier transactions are 
proposed, describe the nature of the transactions and specify the number 
of transponders to be offered on a non-common carrier basis;
    (12) Dates by which construction will be commenced and completed, 
launch date, and estimated date of placement into service.
    (13) The polarization information specified in Sec. Sec. 
25.210(a)(1), (a)(3), and (i), to the extent applicable.
    (d) The following information in narrative form shall be contained 
in each application:
    (1) General description of overall system facilities, operations and 
services;
    (2) If applicable, the feeder link and inter-satellite service 
frequencies requested for the satellite, together with any demonstration 
otherwise required by this chapter for use of those frequencies (see, 
e.g., Sec. Sec. 25.203(j) and (k));
    (3) Predicted space station antenna gain contour(s) for each 
transmit and each receive antenna beam and nominal orbital location 
requested. These contour(s) should be plotted on an area map at 2 dB 
intervals down to 10 dB below the peak value of the parameter and at 5 
dB intervals between 10 dB and 20 dB below the peak values, with the 
peak value and sense of polarization clearly specified on each plotted 
contour. For applications for geostationary orbit satellites, this 
information must be provided in the .gxt format.
    (4) A description of the types of services to be provided, and the 
areas to be served, including a description of the transmission 
characteristics and performance objectives for each type of proposed 
service, details of the link noise budget, typical or baseline earth 
station parameters, modulation parameters, and overall link performance 
analysis (including an analysis of the effects of each contributing 
noise and interference source);
    (5) Calculation of power flux density levels within each coverage 
area and of the energy dispersal, if any, needed for compliance with 
Sec. 25.208; Calculation of power flux density levels within each 
coverage area and of the energy dispersal, if any, needed for compliance 
with Sec. 25.208, for angles of arrival other than 5[deg], 10[deg], 
15[deg], 20[deg], and 25[deg] above the horizontal.
    (6) Public interest considerations in support of grant;
    (7) Applicants for authorizations for space stations in the fixed-
satellite service must also include the information specified in 
Sec. Sec. 25.140(b)(1) and (2) of

[[Page 177]]

this part. Applicants for authorizations for space stations in the 17/24 
GHz broadcasting-satellite service must also include the information 
specified in Sec. Sec. 25.140(b)(1) and (3) of this part.
    (8) Applications for authorizations in the Mobile-Satellite Service 
in the 1545-1559/1646.5-1660.5 MHz frequency bands shall also provide 
all information necessary to comply with the policies and procedures set 
forth in Rules and Policies Pertaining to the Use of Radio Frequencies 
in a Land Mobile Satellite Service, 2 FCC Rcd 485 (1987) (Available at 
address in Sec. 0.445 of this chapter.);
    (9) Applications to license multiple space station systems in the 
non-voice, non-geostationary mobile-satellite service under blanket 
operating authority shall also provide all information specified in 
Sec. 25.142; and
    (10) Applications for authorizations in the 1.6/2.4 GHz Mobile-
Satellite Service shall also provide all information specified in Sec. 
25.143.
    (11) In addition to a statement of whether the space station is to 
be operated on a common carrier basis, or whether non-common carrier 
transactions are proposed, as specified in paragraph (c)(11) of this 
section, satellite applications in the Direct Broadcast Satellite 
service must provide a clear and detailed statement of whether the space 
station is to be operated on a broadcast or non-broadcast basis.
    (12) Applications for authorizations in the non-geostationary 
satellite orbit fixed-satellite service (NGSO FSS) in the bands 10.7 GHz 
to 14.5 GHz shall also provide all information specified in Sec. 
25.146.
    (13) For satellite applications in the Direct Broadcast Satellite 
service, if the proposed system's technical characteristics differ from 
those specified in the Appendix 30 BSS Plans, the Appendix 30A feeder 
link Plans, Annex 5 to Appendix 30 or Annex 3 to Appendix 30A, each 
applicant shall provide:
    (i) The information requested in Appendix 4 of the ITU's Radio 
Regulations. Further, applicants shall provide sufficient technical 
showing that the proposed system could operate satisfactorily if all 
assignments in the BSS and feeder link Plans were implemented.
    (ii) Analyses of the proposed system with respect to the limits in 
Annex 1 to Appendices 30 and 30A.
    (14) A description of the design and operational strategies that 
will be used to mitigate orbital debris, including the following 
information:
    (i) A statement that the space station operator has assessed and 
limited the amount of debris released in a planned manner during normal 
operations, and has assessed and limited the probability of the space 
station becoming a source of debris by collisions with small debris or 
meteoroids that could cause loss of control and prevent post-mission 
disposal;
    (ii) A statement that the space station operator has assessed and 
limited the probability of accidental explosions during and after 
completion of mission operations. This statement must include a 
demonstration that debris generation will not result from the conversion 
of energy sources on board the spacecraft into energy that fragments the 
spacecraft. Energy sources include chemical, pressure, and kinetic 
energy. This demonstration should address whether stored energy will be 
removed at the spacecraft's end of life, by depleting residual fuel and 
leaving all fuel line valves open, venting any pressurized system, 
leaving all batteries in a permanent discharge state, and removing any 
remaining source of stored energy, or through other equivalent 
procedures specifically disclosed in the application;
    (iii) A statement that the space station operator has assessed and 
limited the probability of the space station becoming a source of debris 
by collisions with large debris or other operational space stations. 
Where a space station will be launched into a low-Earth orbit that is 
identical, or very similar, to an orbit used by other space stations, 
the statement must include an analysis of the potential risk of 
collision and a description of what measures the space station operator 
plans to take to avoid in-orbit collisions. If the space station 
operator is relying on coordination with another system, the statement 
must indicate what steps have been taken to contact, and ascertain the 
likelihood of successful coordination of physical operations with, the 
other

[[Page 178]]

system. The statement must disclose the accuracy--if any--with which 
orbital parameters of non-geostationary satellite orbit space stations 
will be maintained, including apogee, perigee, inclination, and the 
right ascension of the ascending node(s). In the event that a system is 
not able to maintain orbital tolerances, i.e., it lacks a propulsion 
system for orbital maintenance, that fact should be included in the 
debris mitigation disclosure. Such systems must also indicate the 
anticipated evolution over time of the orbit of the proposed satellite 
or satellites. Where a space station requests the assignment of a 
geostationary-Earth orbit location, it must assess whether there are any 
known satellites located at, or reasonably expected to be located at, 
the requested orbital location, or assigned in the vicinity of that 
location, such that the station keeping volumes of the respective 
satellites might overlap. If so, the statement must include a statement 
as to the identities of those parties and the measures that will be 
taken to prevent collisions;
    (iv) A statement detailing the post-mission disposal plans for the 
space station at end of life, including the quantity of fuel--if any--
that will be reserved for post-mission disposal maneuvers. For 
geostationary-Earth orbit space stations, the statement must disclose 
the altitude selected for a post-mission disposal orbit and the 
calculations that are used in deriving the disposal altitude. The 
statement must also include a casualty risk assessment if planned post-
mission disposal involves atmospheric re-entry of the space station. In 
general, an assessment should include an estimate as to whether portions 
of the spacecraft will survive re-entry and reach the surface of the 
Earth, as well as an estimate of the resulting probability of human 
casualty.
    (15) Each applicant for a space station license in the 17/24 GHz BSS 
shall include the following information as an attachment to its 
application:
    (i) Except as set forth in paragraph (d)(15)(ii) of this section, an 
applicant proposing to operate in the 17.3-17.7 GHz frequency band, must 
provide a demonstration that the proposed space station will comply with 
the power flux density limits set forth in Sec. 25.208(w) of this part.
    (ii) In cases where the proposed space station will not comply with 
the power flux density limits set forth in Sec. 25.208(w) of this part, 
the applicant will be required to provide a certification that all 
potentially affected parties acknowledge and do not object to the use 
wof the applicant's higher power flux densities. The affected parties 
with whom the applicant must coordinate are those GSO 17/24 GHz BSS 
satellite networks located up to 6 away for excesses of up to 3 dB above 
the power flux-density levels specified in Sec. 25.208(w) of this part, 
and up to 10 away greater for excesses greater than 3 dB above those 
levels.
    (iii) In cases where the proposed 17/24 GHz BSS space station will 
be operated in the 17.3-17.7 GHz band, or operated to provide 
international service in the 17.7-17.8 GHz band, and cannot be located 
precisely at one of the nominal 17/24 GHz BSS orbital locations 
specified in Appendix F of the Report and Order, adopted May 2, 2007, IB 
Docket No. 06-123, FCC 07-76, the applicant must provide a demonstration 
that the proposed space station will not cause more interference to 
other 17/24 GHz BSS satellite networks operating in compliance with the 
rules for this service than if it were located at the precise 17/24 GHz 
BSS orbital location from which its proposed location is offset.
    (iv) An applicant proposing to provide international service in the 
17.7-17.8 GHz band must demonstrate that it will meet the power flux 
density limits set forth in Sec. 25.208(c) of this part.
    (16) In addition to the requirements of paragraph (d)(15) of this 
section, each applicant for a license to operate a 17/24 GHz BSS space 
station that will be used to provide video programming directly to 
consumers in the United States, that will not meet the requirements of 
Sec. 25.225 of this part, must include as an attachment to its 
application a technical analysis demonstrating that providing video 
programming service to consumers in Alaska and Hawaii that is comparable

[[Page 179]]

to the video programming service provided to consumers in the 48 
contiguous United States (CONUS) is not feasible as a technical matter 
or that, while technically feasible, such service would require so many 
compromises in satellite design and operation as to make it economically 
unreasonable.
    (e) Applicants requesting authority to launch and operate a system 
comprised of technically identical, non-geostationary satellite orbit 
space stations may file a single ``blanket'' application containing the 
information specified in paragraphs (c) and (d) of this section for each 
representative space station.

[68 FR 63997, Nov. 12, 2003, as amended at 69 FR 29901, May 26, 2004; 69 
FR 47794, Aug. 6, 2004; 69 FR 54587, Sept. 9, 2004; 72 FR 50027, Aug. 
29, 2007]



Sec. 25.115  Application for earth station authorizations.

    (a)(1) Transmitting earth stations. Commission authorization must be 
obtained for authority to operate a transmitting earth station. 
Applications shall be filed electronically on FCC Form 312, Main Form 
and Schedule B, and include the information specified in Sec. 25.130, 
except as set forth in paragraph (a)(2) of this section.
    (2) Applicants for licenses for transmitting earth station 
facilities are required to file on Form 312EZ, to the extent that form 
is available, in the following cases:
    (i) The earth station will transmit in the 3700-4200 MHz and 5925-
6425 MHz band, and/or the 11.7-12.2 GHz and 14.0-14.5 GHz band; and
    (ii) The earth station will meet all the applicable technical 
specifications set forth in part 25 of this chapter.
    (iii) The earth station is not an ESV.
    (3) If Form 312EZ is not available, earth station license applicants 
specified in paragraph (a)(2) must file on FCC Form 312, Main Form and 
Schedule B, and include the information specified in Sec. 25.130.
    (4) Applications for earth station authorizations must be filed in 
accordance with the pleading limitations, periods and other applicable 
provisions of Sec. Sec. 1.41 through 1.52 of this chapter, except that 
such earth station applications must be filed electronically through the 
International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter;
    (b) Receive-only earth stations. Applications to license or register 
receive only earth stations shall be filed on FCC Form 312, Main Form 
and Schedule B, and conform to the provisions of Sec. 25.131.
    (c)(1) Large Networks of Small Antennas operating in the 11.7-12.2 
GHz and 14.0-14.5 GHz frequency bands with U.S.-licensed or non-U.S.-
licensed satellites for domestic or international services. Applications 
to license small antenna network systems operating in the 11.7-12.2 GHz 
and 14.0-14.5 GHz frequency band under blanket operating authority shall 
be filed on FCC Form 312 and Schedule B, for each large (5 meters or 
larger) hub station, and Schedule B for each representative type of 
small antenna (less than 5 meters) operating within the network.
    (c)(2) Large Networks of Small Antennas operating in the 4/6 GHz 
frequency bands with U.S.-licensed or non-U.S. licensed satellites for 
domestic services (CSATs). Applications to license small antenna network 
systems operating in the standard C-Band, 3700-4200 MHz and 5925-6425 
MHz frequency band shall be filed electronically on FCC Form 312, Main 
Form and Schedule B.
    (i) An initial lead application providing a detailed overview of the 
complete network shall be filed. Such lead applications shall fully 
identify the scope and nature of the service to be provided, as well as 
the complete technical details of each representative type of small 
antenna (less than 4.5 meters) that will operate within the network. 
Such lead applications for a single CSAT system must identify:
    (A) No more than three discrete geostationary satellites to be 
accessed;
    (B) The amount of frequency bandwidth sought, up to a maximum of 20 
MHz of spectrum in each direction at each of the satellites (The same 20 
MHz of uplink and 20 MHz of downlink spectrum at each satellite would be 
accessible by all CSAT earth stations in the system. The 20 MHz of 
uplink and 20 MHz of downlink spectrum need not be the same at each 
satellite location);

[[Page 180]]

    (C) The maximum number of earth station sites;
    (ii) Following the issuance of a license for the lead application, 
the licensee shall notify the Commission of the complete technical 
parameters of each individual earth station site before that site is 
bought into operation under the lead authorization. Full frequency 
coordination of each individual site (e.g., for each satellite and the 
spectrum associated therewith) shall be completed prior to filing 
Commission notification. The coordination must be conducted in 
accordance with Sec. 25.203. Such notification shall be done by 
electronic filing and shall be consistent with the technical parameters 
of Schedule B of FCC Form 312.
    (iii) Following successful coordination of such an earth station, if 
the earth station operator does not file a lead application or a 
Schedule B within six months after it successfully completes 
coordination, it will be assumed that such frequency use is no longer 
desired, unless a second notification has been received within ten days 
prior to the end of the six month period. Such renewal notifications 
must be sent to all parties concerned. If the lead application or 
Schedule B, or renewal notification, is not timely received, the 
coordination will lapse and the licensee must re-coordinate the relevant 
earth stations if it still wishes to bring them into operation.
    (iv) Operation of each individual site may commence immediately 
after the public notice is released that identifies the notification 
sent to the Commission and if the requirements of paragraph (c)(2)(vi) 
of this section are met. Continuance of operation of each station for 
the duration of the lead license term shall be dependent upon successful 
completion of the normal public notice process. If any objections are 
received to the new station prior to the end of the 30 day comment 
period of the Public Notice, the licensee shall immediately cease 
operation of those particular stations until the coordination dispute is 
resolved and the CSAT licensee informs the Commission of the resolution. 
If the requirements of paragraph (c)(2)(vi) of this section are not met, 
operation may not commence until the Commission issues the public notice 
acting on the CSAT terminal authorization.
    (v) Each CSAT licensee shall annually provide the Commission an 
updated list of all operational earth stations in its system. The annual 
list shall also include a list of all earth stations deactivated during 
the year and identification of the satellites providing service to the 
network as of the date of the report.
    (vi) Conditional authorization. (A) An applicant for a new CSAT 
radio station or modification of an existing CSAT station authorized 
under paragraph (c)(2)(i) of this section in the 3700-4200; or 5925-6425 
MHz bands may operate the proposed station during the pendency of its 
application after the release of the public notice accepting the 
notification for filing that complies with paragraph (c)(2)(ii) of this 
section. The applicant, however, must first certify that the following 
conditions are satisfied:
    (1) The frequency coordination procedures of Sec. 25.203 have been 
successfully completed;
    (2) The antenna structure has been previously studied by the Federal 
Aviation Administration and determined to pose no hazard to aviation 
safety as required by subpart B of part 17 of this chapter; or the 
antenna or tower structure does not exceed 6.1 meters above ground level 
or above an existing man-made structure (other than an antenna 
structure), if the antenna or tower has not been previously studied by 
the Federal Aviation Administration and cleared by the FCC;
    (3) The grant of the application(s) does not require a waiver of the 
Commission's rules (with the exception of a request for waiver 
pertaining to fees);
    (4) The applicant has determined that the facility(ies) will not 
significantly affect the environment as defined in Sec. 1.1307 of this 
chapter;
    (5) The station site does not lie within 56.3 kilometers of any 
international border or within a radio ``Quiet Zone'' identified in 
Sec. 1.924 of this chapter; and
    (6) The filed application is consistent with the proposal that was 
coordinated pursuant to Sec. 25.251.
    (B) Conditional authority ceases immediately if the Schedule B is 
returned

[[Page 181]]

by the Commission because it is not accepted for filing.
    (C) A conditional authorization pursuant to paragraphs (c)(2)(vi)(A) 
and (c)(2)(vi)(B) of this section is evidenced by retaining a copy of 
the Schedule B notification with the station records. Conditional 
authorization does not prejudice any action the Commission may take on 
the subject application(s) or the Schedule B notifications.
    (D) Conditional authority is accepted with the express understanding 
that such authority may be modified or cancelled by the Commission at 
any time without hearing if, in the Commission's discretion, the need 
for such action arises. An applicant operating pursuant to this 
conditional authority assumes all risks associated with such operation, 
the termination or modification of the conditional authority, or the 
subsequent dismissal or denial of its application(s).
    (E) The copy of the Schedule B notification form must be posted at 
each station operating pursuant to this section.
    (vii) Period of construction. Construction of each earth station 
must be completed and the station must be brought into regular operation 
within twelve months from the date that action is taken to authorize 
that station to operate under the lead authorization, except as may be 
otherwise determined by the Commission for any particular application.
    (d) User transceivers in the NVNG, 1.6/2.4 GHz Mobile-Satellite 
Service, and 2 GHz Mobile-Satellite Service need not be individually 
licensed. Service vendors may file blanket applications for transceivers 
units using FCC Form 312, Main Form and Schedule B, and specifying the 
number of units to be covered by the blanket license. Each application 
for a blanket license under this section shall include the information 
described in Sec. 25.136.
    (e) Earth stations operating in the 20/30 GHz Fixed-Satellite 
Service with U.S.-licensed or non-U.S. licensed satellites: Applications 
to license individual earth stations operating in the 20/30 GHz band 
shall be filed on FCC Form 312, Main Form and Schedule B, and shall also 
include the information described in Sec. 25.138. Earth stations 
belonging to a network operating in the 18.3-18.8 GHz, 19.7-20.2 GHz, 
28.35-28.6 GHz or 29.25-30.0 GHz bands may be licensed on a blanket 
basis. Applications for such blanket authorization may be filed using 
FCC Form 312, Main Form and Schedule B, and specifying the number of 
terminals to be covered by the blanket license. Each application for a 
blanket license under this section shall include the information 
described in Sec. 25.138.
    (f) User transceivers in the non-geostationary satellite orbit 
fixed-satellite service in the 11.7-12.2 GHz, 12.2-12.7 GHz and 14.0-
14.5 GHz bands need not be individually licensed. Service vendors may 
file blanket applications for transceiver units using FCC Form 312, Main 
Form and Schedule B, and shall specify the number of terminals to be 
covered by the blanket license. Each application for a blanket license 
under this section shall include the information described in Sec. 
25.146. Any earth stations that are not user transceivers, and which 
transmit in the non-geostationary satellite orbit fixed-satellite 
service in the 10.7-11.7 GHz, 12.75-13.15 GHz, 13.2125-13.25 GHz, and 
13.75-14.0 GHz bands must be individually licensed, pursuant to 
paragraph (a) of this section.
    (g) Applications for feeder link earth stations operating in the 
24.75--25.25 GHz band (Earth-to-space) and providing service to 
geostationary satellites in the 17/24 GHz BSS must include, in addition 
to the particulars of operation identified on Form 312 and associated 
Schedule B, the information specified in either paragraph (g)(1) or 
(g)(2) below for each earth station antenna type:
    (1) A series of EIRP density charts or tables, calculated for a 
production earth station antenna, based on measurements taken on a 
calibrated antenna range at 25 GHz, with the off-axis EIRP envelope set 
forth in paragraphs (g)(1)(i) through (g)(1)(iv) of this section 
superimposed, as follows:
    (i) Showing off-axis co-polarized EIRP spectral density in the 
azimuth plane, for off-axis angles from minus 10[deg] to plus 10[deg] 
and from minus 180[deg] to plus 180[deg];
    (ii) Showing off-axis co-polarized EIRP spectral density in the 
elevation

[[Page 182]]

plane, at off-axis angles from 0[deg]to plus 30[deg];
    (iii) Showing off-axis cross-polarized EIRP spectral density in the 
azimuth plane, at off-axis angles from minus 10[deg] to plus 10[deg]; 
and
    (iv) Showing off-axis cross-polarized EIRP spectral density in the 
elevation plane, at off-axis angles from minus 10[deg] to plus 10[deg]
    (2) A certification on Schedule B that the antenna conforms to the 
gain pattern criteria of Sec. Sec. 25.209(a) and (b), that when 
combined with input power density (computed from the maximum on-axis 
EIRP density per carrier less the antenna gain entered in Schedule B), 
demonstrates that the off-axis EIRP spectral density envelope set forth 
in Sec. Sec. 25.223(b)(1) through (4) of this part will be met.

[62 FR 5928, Feb. 10, 1997, as amended at 62 FR 64172, Dec. 4, 1997; 65 
FR 54169, Sept. 7, 2000; 65 FR 59142, Oct. 4, 2000; 66 FR 31559, June 
12, 2001; 67 FR 53510, Aug. 16, 2002; 68 FR 16966, Apr. 8, 2003; 68 FR 
63998, Nov. 12, 2003; 69 FR 29901, May 26, 2004; 69 FR 47794, Aug. 6, 
2004; 70 FR 4783, Jan. 31, 2005; 70 FR 32253, June 2, 2005; 72 FR 50027, 
Aug. 29, 2007]



Sec. 25.116  Amendments to applications.

    (a) Unless otherwise specified, any pending application may be 
amended until designated for hearing, a public notice is issued stating 
that a substantive disposition of the application is to be considered at 
a forthcoming Commission meeting, or a final order disposing of the 
matter is adopted by the Commission.
    (b) Major amendments submitted pursuant to paragraph (a) of this 
section are subject to the public notice requirements of Sec. 25.151. 
An amendment will be deemed to be a major amendment under the following 
circumstances:
    (1) If the amendment increases the potential for interference, or 
changes the proposed frequencies or orbital locations to be used.
    (2) If the amendment would convert the proposal into an action that 
may have a significant environmental effect under Sec. 1.1307 of this 
chapter.
    (3) [Reserved]
    (4) 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.
    (5) Amendments to ``defective'' space station applications, within 
the meaning of Sec. 25.112 will not be considered.
    (c) Any application for an NGSO-like satellite license within the 
meaning of Sec. 25.157 will be considered to be a newly filed 
application if it is amended by a major amendment (as defined by 
paragraph (b) of this section) after a ``cut-off'' date applicable to 
the application, except under the following circumstances:
    (1) The amendment resolves frequency conflicts with authorized 
stations or other pending applications but does not create new or 
increased frequency conflicts;
    (2) 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 a ``cut-off'' date is granted;
    (3) 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
    (4) 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.
    (d) Any application for a GSO-like satellite license within the 
meaning of Sec. 25.158 will be considered to be a newly filed 
application if it is amended by a major amendment (as defined by 
paragraph (b) of this section), and will cause the application to lose 
its status relative to later-filed applications in the ``queue'' as 
described in Sec. 25.158.
    (e) Any amendment to an application shall be filed electronically 
through the International Bureau Filing System (IBFS) in accordance with 
the applicable provisions of part 1, subpart Y of this chapter. 
Amendments to space station applications must be filed on Form 312 and 
Schedule S. Amendments

[[Page 183]]

to space station applications must be filed on Form 312 and Schedule B.

[56 FR 24016, May 28, 1991, as amended at 68 FR 51503, Aug. 27, 2003; 69 
FR 47794, Aug. 6, 2004]



Sec. 25.117  Modification of station license.

    (a) Except as provided for in Sec. 25.118 (Modifications not 
requiring prior authorization), no modification of a radio station 
governed by this part which affects the parameters or terms and 
conditions of the station authorization shall be made except upon 
application to and grant of such application by the Commission.
    (b) [Reserved]
    (c) Applications for modification of earth station authorizations 
shall be submitted on FCC Form 312, Main Form and Schedule B. 
Applications for modification of space station authorizations shall be 
submitted on FCC Form 312, Main Form and Schedule S. Both earth station 
and space station modification applications must be filed electronically 
through the International Bureau Filing System (IBFS) in accordance with 
the applicable provisions of part 1, subpart Y of this chapter. In 
addition, any application for modification of authorization to extend a 
required date of completion, as set forth in Sec. 25.133 for earth 
station authorization or Sec. 25.164 for space stations, or included as 
a condition of any earth station or space station authorization, must 
include a verified statement from the applicant:
    (1) That states the additional time is required due to unforeseeable 
circumstances beyond the applicant's control, describes these 
circumstances with specificity, and justifies the precise extension 
period requested; or
    (2) That states there are unique and overriding public interest 
concerns that justify an extension, identifies these interests and 
justifies a precise extension period.
    (d)(1) Except as set forth in Sec. 25.118(e), applications for 
modifications of space station authorizations shall be filed in 
accordance with Sec. 25.114, but only those items of information listed 
in Sec. 25.114 that change need to be submitted, provided the applicant 
certifies that the remaining information has not changed.
    (2) Applications for modifications of space station authorizations 
will be granted except under the following circumstances:
    (i) Granting the modification would make the applicant unqualified 
to operate a space station under the Commission's rules.
    (ii) Granting the modification request would not serve the public 
interest, convenience, and necessity.
    (iii) Except as set forth in paragraph (d)(2)(iv) of this section, 
applications for modifications of GSO-like space station authorizations 
granted pursuant to the procedure set forth in Sec. 25.158, which seek 
to relocate a GSO satellite or add a frequency band to the 
authorization, will be placed in a queue pursuant to Sec. 25.158 and 
considered only after previously filed space station license 
applications or space station modification applications have been 
considered.
    (iv) Applications for modifications of space station authorizations 
to increase the authorized bandwidth will not be considered in cases in 
which the original space station authorization was granted pursuant to 
the procedures set forth in Sec. 25.157(e) or Sec. 25.158(c)(4).
    (3) In the event that a space station licensee provides notification 
of a planned license modification pursuant to Sec. 25.118(e), and the 
Commission finds that the proposed modification does not meet the 
requirements of Sec. 25.118(e), the Commission will issue a public 
notice announcing that the proposed license modification will be 
considered pursuant to the procedure specified in paragraphs (d)(1) and 
(d)(2) of this section.
    (e) [Reserved]
    (f) An application for modification of a space station license to 
add an ancillary terrestrial component to an eligible satellite network 
will be treated as a request for a minor modification if the particulars 
of operations provided by the applicant comply with the criteria 
specified in Sec. 25.149. Notwithstanding the treatment of such an 
application as a minor modification, the Commission shall place any 
initial application for the modification of a space station license to 
add an ancillary terrestrial component on notice for public comment. 
Except as provided

[[Page 184]]

for in Sec. 25.149(f), no application for authority to add an ancillary 
terrestrial component to an eligible satellite network shall be granted 
until the applicant has demonstrated actual compliance with the criteria 
specified in Sec. 25.149(b).
    (g) In cases where an earth station licensee proposes additional 
transmitters, facilities, or modifications, the resulting transmissions 
of which can reasonably be expected to cause the power density to exceed 
the RF exposure limits specified in part 1, subpart I of this chapter by 
five percent, the licensee must submit an environmental assessment 
pursuant to Sec. 1.1307(b)(3)(i) of this chapter as an attachment to 
its modification application.

[56 FR 24016, May 28, 1991, as amended at 61 FR 9952, Mar. 12, 1996; 62 
FR 5928, Feb. 10, 1997; 68 FR 33649, June 5, 2003; 68 FR 47858, Aug. 12, 
2003; 68 FR 51503, Aug. 27, 2003; 68 FR 62248, Nov. 3, 2003; 68 FR 
63998, Nov. 12, 2003; 69 FR 47794, Aug. 6, 2004; 70 FR 32253, June 2, 
2005]



Sec. 25.118  Modifications not requiring prior authorization.

    (a) Earth station license modifications, notification required. 
Authorized earth station operators may make the following modifications 
to their licenses without prior Commission authorization, provided that 
the operators notify the Commission, using FCC Form 312 and Schedule B, 
within 30 days of the modification. This notification must be filed 
electronically through the International Bureau Filing System (IBFS) in 
accordance with the applicable provisions of part 1, subpart Y of this 
chapter:
    (1) Licensees may make changes to their authorized earth stations 
without obtaining prior Commission authorization, provided that they 
have complied with all applicable frequency coordination procedures in 
accordance with Sec. 25.251, and the modification does not involve:
    (i) An increase in EIRP or EIRP density (both main lobe and side 
lobe);
    (ii) An increase in transmitted power;
    (iii) A change in coordinates of more than 1 second in latitude or 
longitude for stations operating in frequency bands that are shared with 
terrestrial systems; or
    (iv) A change in coordinates of 10 seconds or greater in latitude or 
longitude for stations operating in frequency bands that are not shared 
with terrestrial systems.
    (2) Except for replacement of equipment where the new equipment is 
electrically identical to the existing equipment, an authorized earth 
station licensee may add, change or replace transmitters or antenna 
facilities without prior authorization, provided:
    (i) The added, changed, or replaced facilities conform to Sec. 
25.209;
    (ii) The particulars of operations remain unchanged;
    (iii) Frequency coordination is not required; and
    (iv) The maximum power and power density delivered into any antenna 
at the earth station site shall not exceed the values calculated by 
subtracting the maximum antenna gain specified in the license from the 
maximum authorized e.i.r.p. and e.i.r.p. density values.
    (3) Authorized VSAT earth station operators may add VSAT remote 
terminals without prior authorization, provided that they have complied 
with all applicable frequency coordination procedures in accordance with 
Sec. 25.251.
    (4) A licensee providing service on a private carrier basis may 
change its operations to common carrier status without obtaining prior 
Commission authorization. The licensee must notify the Commission using 
Form 312 within 30 days after the completed change to common carrier 
status.
    (5) Earth station operators may change their points of communication 
without prior authorization, provided that the change results from a 
space station license modification described in paragraph (e) of this 
section, and the earth station operator does not repoint its antenna. 
Otherwise, any modification of an earth station license to add or change 
a point of communication will be considered under Sec. 25.117.
    (b) Earth station license modifications, notification not required. 
Notwithstanding paragraph (a)(2) of this section, equipment in an 
authorized earth station may be replaced without prior authorization and 
without notifying the Commission if the new equipment is electrically 
identical to the existing equipment.

[[Page 185]]

    (c)-(d) [Reserved]
    (e) Space station modifications. A space station operator may modify 
its license without prior authorization, but upon 30 days prior notice 
to the Commission and any potentially affected licensed spectrum user, 
provided that the operator meets the following requirements. This 
notification must be filed electronically on Form 312 through the 
International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter:
    (1) The space station licensee will relocate a Geostationary 
Satellite Orbit (GSO) space station to another orbit location that is 
assigned to that licensee;
    (2) The relocated space station licensee will operate with the same 
technical parameters as the space station initially assigned to that 
location, or within the original satellite's authorized and/or 
coordinated parameters;
    (3) The space station licensee certifies that it will comply with 
all the conditions of its original license and all applicable rules 
after the relocation;
    (4) The space station licensee certifies that it will comply with 
all applicable coordination agreements at the newly occupied orbital 
location;
    (5) The space station licensee certifies that it has completed any 
necessary coordination of its space station at the new location with 
other potentially affected space station operators;
    (6) The space station licensee certifies that it will limit 
operations of the space station to Tracking, Telemetry, and Control 
(TT&C) functions during the relocation and satellite drift transition 
period; and
    (7) The space station licensee certifies that the relocation of the 
space station does not result in a lapse of service for any current 
customer.
    (8) For DBS licensees, the space station licensee must certify that 
it will not cause greater interference than that which would occur from 
the current U.S. assignments in the International Telecommunication 
Union (ITU) Region 2 BSS Plan and its associated Feeder Link Plan.
    (9) For DBS licensees, the space station licensee must certify that 
it will meet the geographic service requirements in Sec. 25.148(c).

[62 FR 5928, Feb. 10, 1997, as amended at 68 FR 62248, Nov. 3, 2003; 68 
FR 63999, Nov. 12, 2003; 69 FR 47794, Aug. 6, 2004; 70 FR 32253, June 2, 
2005]



Sec. 25.119  Assignment or transfer of control of station authorization.

    (a) You must file an application for Commission authorization before 
you can transfer, assign, dispose of (voluntarily or involuntarily, 
directly or indirectly, or by transfer of control of any corporation or 
any other entity) your station license or accompanying rights. The 
Commission will grant your application only if it finds that doing so 
will serve the public interest, convenience and necessity.
    (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.
    (c) Assignment of license. You must submit an FCC Form 312, Main 
Form and Schedule A to voluntarily assign (e.g., as by contract or other 
agreement) or involuntarily assign (e.g., as by death, bankruptcy, or 
legal disability) your station authorization. You must file these forms 
electronically through IBFS.
    (d) Transfer of control of corporation holding license. If you want 
to transfer control of a corporation, which holds one or more licenses 
voluntarily or involuntarily (de jure or de facto), you must submit an 
FCC Form 312, Main Form and Schedule A. You must file these forms 
electronically through IBFS. For involuntary transfers, you must file 
your application within 10 days of the event causing the transfer of 
control. You can also use FCC Form 312, Main Form and Schedule A for 
non-substantial (pro forma) transfers of control.
    (e) Whenever a group of station licenses in the same radio service 
for the same class of facility licensed to the

[[Page 186]]

same entity is to be assigned or transferred to a single assignee or 
transferee, a single application may be filed to cover the entire group, 
if the application identifies in an exhibit each station by call sign, 
station location and expiration date of license.
    (f) Assignments and transfers of control shall be completed within 
60 days from the date of authorization. Within 30 days of consumation, 
the Commission shall be notified by letter of the date of consummation 
and the file numbers of the applications involved in the transaction.
    (g) The Commission retains discretion in reviewing assignments and 
transfers of control of space station licenses to determine whether the 
initial license was obtained in good faith with the intent to construct 
a satellite system.

[56 FR 24016, May 20, 1991; 56 FR 29757, June 20, 1991. Redesignated and 
amended at 62 FR 5928, 5929, Feb. 10, 1997; 68 FR 51503, Aug. 27, 2003; 
69 FR 29901, May 26, 2004]



Sec. 25.120  Application for special temporary authorization.

    (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. The request must 
contain the full particulars of the proposed operation including all 
facts sufficient to justify the temporary authority sought and the 
public interest therein. No request for temporary authority will be 
considered unless it is received by the Commission at least 3 working 
days prior to the date of proposed construction or operation or, where 
an extension is sought, the expiration date of the existing temporary 
authorization. A request received within less than 3 working days may be 
accepted only upon due showing of extraordinary reasons for the delay in 
submitting the request which could not have been earlier foreseen by the 
applicant. A copy of the request for special temporary authority also 
shall be forwarded to the Commission's Columbia Operations Center, 9200 
Farm House Lane, Columbia, MD 21046-1609.
    (b)(1) The Commission may grant a temporary authorization only upon 
a finding that there are extraordinary circumstances requiring temporary 
operations in the public interest and that delay in the institution of 
these temporary operations would seriously prejudice the public 
interest. Convenience to the applicant, such as marketing considerations 
or meeting scheduled customer in-service dates, will not be deemed 
sufficient for this purpose.
    (2) The Commission may grant a temporary authorization for a period 
not to exceed 180 days, with additional periods not exceeding 180 days, 
if the Commission has placed the special temporary authority (STA) 
request on public notice.
    (3) The Commission may grant a temporary authorization for a period 
not to exceed 60 days, if the STA request has not been placed on public 
notice, and the applicant plans to file a request for regular authority 
for the service.
    (4) The Commission may grant a temporary authorization for a period 
not to exceed 30 days, if the STA request has not been placed on public 
notice, and an application for regular authority is not contemplated.
    (c) Each application proposing construction of one or more earth 
station antennas or alteration of the overall height of one or more 
existing earth station 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 satellite earth station antenna(s). If no such number 
has been assigned at the time the application(s) is filed, the applicant 
must state in the application whether the satellite earth station 
antenna 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 earth station antennas or 
alteration of the overall height of one or more existing earth station 
antennas, where FAA notification prior to such construction or 
alteration is not required by part 17 of this chapter, must indicate 
such and, unless the satellite earth station antenna is 6.10 meters or 
less above ground level (AGL), must

[[Page 187]]

contain a statement explaining why FAA notification is not required.

[56 FR 24016, May 28, 1991, as amended at 61 FR 4367, Feb. 6, 1996. 
Redesignated and amended at 62 FR 5928, 5929, Feb. 10, 1997; 66 FR 9973, 
Feb. 13, 2001; 68 FR 51503, Aug. 27, 2003]



Sec. 25.121  License term and renewals.

    (a) License term. (1) Except for licenses for DBS space stations and 
17/24 GHz BSS space stations licensed as broadcast facilities, licenses 
for facilities governed by this part will be issued for a period of 15 
years.
    (2) Licenses for DBS space stations and 17/24 GHz BSS space stations 
licensed as broadcast facilities will be issued for a period of 8 years. 
Licenses for DBS space stations not licensed as broadcast facilities 
will be issued for a period of 10 years.
    (b) The Commission reserves the right to grant or renew station 
licenses for less than 15 years if, in its judgment, the public 
interest, convenience and necessity will be served by such action.
    (c) For earth stations, the license term will be specified in the 
instrument of authorization.
    (d) Space stations. (1) For geostationary satellite orbit 
satellites, the license term will begin at 3 a.m. EST on the date the 
licensee certifies to the Commission that the satellite has been 
successfully placed into orbit and that the operations of the satellite 
fully conform to the terms and conditions of the space station radio 
authorization.
    (2) For non-geostationary satellite orbit satellites, the license 
term will begin at 3 a.m. EST on the date that the licensee certifies to 
the Commission that its initial space station has been successfully 
placed into orbit and that the operations of that satellite fully 
conform to the terms and conditions of the space station system 
authorization. All space stations launched and brought into service 
during the 15-year license term shall operate pursuant to the system 
authorization, and the operating authority for all space stations will 
terminate upon the expiration of the system license.
    (e) Renewal of licenses. Applications for renewals of earth station 
licenses must be submitted on FCC Form 312R no earlier than 90 days, and 
no later than 30 days, before the expiration date of the license. 
Applications for space station system replacement authorization for non-
geostationary orbit satellites shall be filed no earlier than 90 days, 
and no later than 30 days, prior to the end of the twelfth year of the 
existing license term.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68059, Dec. 23, 1993; 59 
FR 53327, Oct. 21, 1994. Redesignated and amended at 62 FR 5928, 5929, 
Feb. 10, 1997; 65 FR 59142, Oct. 4, 2000; 67 FR 12485, Mar. 19, 2002; 67 
FR 51113, Aug. 7, 2002; 68 FR 51503, Aug. 27, 2003; 68 FR 63999, Nov. 
12, 2003; 72 FR 50027, Aug. 29, 2007]



Sec. 25.129  Equipment authorization for portable earth-station transceivers.

    (a) Except as expressly permitted by Sec. 2.803 or Sec. 2.1204 of 
this chapter, prior authorization must be obtained pursuant to the 
equipment certification procedure in part 2, Subpart J of this chapter 
for importation, sale or lease in the United States, or offer, shipment, 
or distribution for sale or lease in the United States of portable 
earth-station transceivers subject to regulation under part 25. This 
requirement does not apply, however, to devices imported, sold, leased, 
or offered, shipped, or distributed for sale or lease before November 
20, 2004.
    (b) For purposes of this section, an earth-station transceiver is 
portable if it is a ``portable device'' as defined in Sec. 2.1093(b) of 
this chapter, i.e., if its radiating structure(s) would be within 20 
centimeters of the operator's body when the transceiver is in operation.
    (c) In addition to the information required by Sec. 1.1307(b) and 
Sec. 2.1033(c) of this chapter, applicants for certification required 
by this section shall submit any additional equipment test data 
necessary to demonstrate compliance with pertinent standards for 
transmitter performance prescribed in Sec. 25.138, Sec. 25.202(f), 
Sec. 25.204, Sec. 25.209, and Sec. 25.216 and shall submit the 
statements required by Sec. 2.1093(c) of this chapter.
    (d) Applicants for certification required by this section must 
submit evidence that the devices in question are designed for use with a 
satellite system that may lawfully provide service to users in the 
United States pursuant to

[[Page 188]]

an FCC license or order reserving spectrum.

[69 FR 5709, Feb. 6, 2004]

                             Earth Stations



Sec. 25.130  Filing requirements for transmitting earth stations.

    (a) Applications for a new or modified transmitting earth station 
facility shall be submitted on FCC Form 312, Main Form and Schedule B, 
accompanied by any required exhibits, except for those earth station 
applications filed on FCC Form 312EZ pursuant to Sec. 25.115(a). All 
such earth station license applications must be filed electronically 
through the International Bureau Filing System (IBFS) in accordance with 
the applicable provisions of part 1, subpart Y of this chapter. 
Additional filing requirements for ESVs are described in Sec. Sec. 
25.221 and 25.222. In addition, applicants not required to submit 
applications on Form 312EZ, other than ESV applicants, must submit the 
following information to be used as an ``informative'' in the public 
notice issued under Sec. 25.151 as an attachment to their application:
    (1) A detailed description of the service to be provided, including 
frequency bands and satellites to be used. The applicant must identify 
either the specific satellite(s) with which it plans to operate, or the 
eastern and western boundaries of the arc it plans to coordinate.
    (2) The diameter or equivalent diameter of the antenna.
    (3) Proposed power and power density levels.
    (4) Identification of any random access technique, if applicable.
    (5) Identification of a specific rule or rules for which a waiver is 
requested.
    (b) A frequency coordination analysis in accordance with Sec. 
25.203 shall be provided for earth stations transmitting in the 
frequency bands shared with equal rights between terrestrial and space 
services, except that applications for user transceiver units associated 
with the NVNG mobile-satellite service shall instead provide the 
information required by Sec. 25.135 and applications for user 
transceiver units associated with the 1.6/2.4 GHz Mobile-Satellite 
Service shall demonstrate that user transceiver operations comply with 
the requirements set forth in Sec. 25.213.
    (c) In those cases where an applicant is filing a number of 
essentially similar applications, showings of a general nature 
applicable to all of the proposed stations may be submitted in the 
initial application and incorporated by reference in subsequent 
applications.
    (d) Transmissions of signals or programming to non-U.S. licensed 
satellites, and to and/or from foreign points by means of U.S.-licensed 
fixed satellites may be subject to restrictions as a result of 
international agreements or treaties. The Commission will maintain 
public information on the status of any such agreements.
    (e) Each application proposing construction of one or more earth 
station antennas or alteration of the overall height of one or more 
existing earth station antennas, 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 satellite earth station antenna(s). If no such number has been 
assigned at the time the application(s) is filed, the applicant must 
state in the application whether the satellite earth station antenna 
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 earth station antennas or alteration of the 
overall height of one or more existing earth station antennas, where FAA 
notification prior to such construction or notification or alteration is 
not required by part 17 of this chapter, must indicate such and, unless 
the satellite earth station antenna is 6.10 meters or less above ground 
level (AGL), must contain a statement explaining why FAA notification is 
not required.
    (f) Applicants seeking to operate in a shared government/non-
government band must provide the half-power beam width of their proposed 
earth station

[[Page 189]]

antenna, as an attachment to their applications.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68059, Dec. 23, 1993; 59 
FR 53327, Oct. 21, 1994; 61 FR 4367, Feb. 6, 1996; 61 FR 9952, Mar. 12, 
1996; 62 FR 5929, Feb. 10, 1997; 62 FR 64172, Dec. 4, 1997; 69 FR 29901, 
May 26, 2004; 69 FR 47795, Aug. 6, 2004; 70 FR 4783, Jan. 31, 2005; 70 
FR 32253, June 2, 2005]



Sec. 25.131  Filing requirements for receive-only earth stations.

    (a) Except as provided in paragraphs (b) and (j) of this section, 
and Sec. 25.115(a), applications for a license for a receive-only earth 
station shall be submitted on FCC Form 312, Main Form and Schedule B, 
accompanied by any required exhibits and the information described in 
Sec. Sec. 25.130(a)(1) through 25.130(a)(5). All such earth station 
license applications must be filed electronically through the 
International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter.
    (b) Except as provided in paragraph (j) of this section, receive-
only earth stations in the fixed-satellite service that operate with 
U.S.-licensed satellites may be registered with the Commission in order 
to protect them from interference from terrestrial microwave stations in 
bands shared co-equally with the fixed service in accordance with the 
procedures of Sec. Sec. 25.203 and 25.251.
    (c) Licensing or registration of receive-only earth stations with 
the Commission confers no authority to receive and use signals or 
programming received from satellites. See section 705 of the 
Communications Act. 47 U.S.C. 605.
    (d) Applications for registration shall be filed on FCC Form 312, 
Main Form and Schedule B, accompanied by the coordination exhibit 
required by Sec. 25.203, and any other required exhibits. Any 
application that is deficient or incomplete in any respect shall be 
immediately returned to the applicant without processing.
    (e) Complete applications for registration will be placed on public 
notice for 30 days and automatically granted if no objection is 
submitted to the Commission and served on the applicant. Additional 
pleadings are authorized in accordance with Sec. 1.45 of this chapter.
    (f) The registration of a receive-only earth station results in the 
listing of an authorized frequency band at the location specified in the 
registration. Interference protection levels are those agreed to during 
coordination.
    (g) Reception of signals or programming from non-U.S. satellites may 
be subject to restrictions as a result of international agreements or 
treaties. The Commission will maintain public information on the status 
of any such agreements.
    (h) Registration term: Registrations for receive-only earth stations 
governed by this section will be issued for a period of 15 years from 
the date on which the application was filed. Applications for renewals 
of registrations must be submitted on FCC Form 312R (Application for 
Renewal of Radio Station License in Specified Services) no earlier than 
90 days and no later than 30 days before the expiration date of the 
registration.
    (i) Applications for modification of license or registration of 
receive-only earth stations shall be made in conformance with Sec. Sec. 
25.117 and 25.118. In addition, registrants are required to notify the 
Commission when a receive-only earth station is no longer operational or 
when it has not been used to provide any service during any 6-month 
period.
    (j)(1) Except as set forth in paragraph (j)(2) of this section, 
receive-only earth stations operating with non-U.S. licensed space 
stations shall file an FCC Form 312 requesting a license or modification 
to operate such station.
    (2) Receive-only earth stations used to receive transmissions from 
non-U.S.-licensed space stations on the Permitted Space Station List 
need not file for licenses, provided that:
    (i) The earth station antenna meets the antenna performance 
standards set forth in Sec. Sec. 25.209(a) and (b), and
    (ii) The space station operator and earth station operator comply 
with all

[[Page 190]]

applicable rules set forth in this chapter, and the conditions on the 
Permitted Space Station List applicable to that space station.

[56 FR 24016, May 28, 1991, as amended at 61 FR 9952, Mar. 12, 1996; 62 
FR 5929, Feb. 10, 1997; 62 FR 64172, Dec. 4, 1997; 65 FR 58466, Sept. 
29, 2000; 67 FR 12485, Mar. 19, 2002; 68 FR 62249, Nov. 3, 2003; 68 FR 
63999, Nov. 12, 2003; 69 FR 29901, May 26, 2004; 69 FR 47795, Aug. 6, 
2004; 70 FR 32253, June 2, 2005]



Sec. 25.132  Verification of earth station antenna performance standards.

    (a)(1) All applications for transmitting earth stations, except for 
earth stations operating in the 20/30 GHz band, must be accompanied by a 
certificate pursuant to Sec. 2.902 of this chapter from the 
manufacturer of each antenna that the results of a series of radiation 
pattern tests performed on representative equipment in representative 
configurations by the manufacturer demonstrates that the equipment 
complies with the performance standards set forth in Sec. 25.209. The 
licensee must be prepared to demonstrate the measurements to the 
Commission on request.
    (2) All applications for transmitting earth stations operating in 
the 20/30 GHz band must be accompanied by the measurements specified in 
Sec. Sec. 25.138(d) and (e).
    (b)(1) In order to demonstrate compliance with Sec. 25.209 (a) and 
(b), the following measurements on a production antenna performed on 
calibrated antenna range, as a minimum, shall be made at the bottom, 
middle and top of each allocated frequency band and submitted to the 
Commission:
    (i) Co-polarized patterns for each of two orthogonal senses of 
polarizations in two orthogonal cuts of the antenna.
    (A) In the azimuth plane, plus and minus 7 degrees and plus and 
minus 180 degrees.
    (B) In the elevation plane, zero to forty-five degrees.
    (ii) Cross-polarization patterns in the E- and H-planes, plus and 
minus 9 degrees.
    (iii) Main beam gain.
    (2) The FCC envelope specified in Sec. 25.209 shall be superimposed 
on each pattern. The minimum tests specified above are recognized as 
representative of the performance of the antenna in most planes although 
some increase in sidelobe levels should be expected in the spar planes 
and orthogonal spar planes.
    (3) Applicants seeking authority to use an antenna that does not 
meet the standards set forth in Sec. Sec. 25.209(a) and (b) of this 
part, pursuant to the procedure set forth in Sec. 25.220 or Sec. 
25.223(c) of this part, are required to submit a copy of the 
manufacturer's range test plots of the antenna gain patterns specified 
in paragraph (b)(1) of this section.
    (c) The tests specified in paragraph (b) of this section are 
normally performed at the manufacturer's facility; but for those 
antennas that are very large and only assembled on-site, on-site 
measurements may be used for product qualification data. If on-site data 
is to be used for qualification, the test frequencies and number of 
patterns should follow, where possible, the recommendations in paragraph 
(b) of this section, and the test data is to be submitted in the same 
manner as described in paragraph (a) of this section.
    (d) For each new or modified transmitting antenna over 3 meters in 
diameter, the following on-site verification measurements must be 
completed at one frequency on an available transponder in each frequency 
band of interest and submitted to the Commission.
    (1) Co-polarized patterns in the elevation plane, plus and minus 7 
degrees, in the transmit band.
    (2) Co-polarized patterns in the azimuth and elevation planes, plus 
and minus 7 degrees, in the receive band.
    (3) System cross-polarization discrimination on-axis. The FCC 
envelope specified in Sec. 25.209 shall be superimposed on each 
pattern. The transmit patterns are to be measured with the aid of a co-
operating earth station in coordination with the satellite system 
control center under the provisions of Sec. 25.272.
    (e) Certification that the tests required by paragraph (c) of this 
section have been satisfactorily performed shall be provided to the 
Commission in notification that construction of the facilities has been 
completed as required by Sec. 25.133.

[[Page 191]]

    (f) Antennas less than 3 meters in diameter and antennas on simple 
(manual) drive mounts that are operated at a fixed site are exempt from 
the requirements of paragraphs (c) and (d) of this section provided that 
a detailed technical showing is made that confirms proper installation, 
pointing procedures, and polarization alignment and manufacturing 
quality control. These showing must also include a plan for periodic 
testing and field installation procedures and precautions.
    (g) Records of the results of the tests required by this section 
must be maintained at the antenna site or the earth station operator's 
control center and be available for inspection.

[58 FR 13419, Mar. 11, 1993, as amended at 69 FR 5710, Feb. 6, 2004; 70 
FR 32253, June 2, 2005; 72 FR 50028, Aug. 29, 2007]



Sec. 25.133  Period of construction; certification of commencement of operation.

    (a)(1) Each license for an earth station governed by this part, 
except for mobile satellite earth station terminals (METs), shall 
specify as a condition therein the period in which construction of 
facilities must be completed and station operation commenced. 
Construction of the earth station must be completed and the station must 
be brought into operation within 12 months from the date of the license 
grant except as may be determined by the Commission for any particular 
application.
    (2) Each license for mobile satellite earth station terminals (METs) 
shall specify as a condition therein the period in which station 
operation must be commenced. The networks in which the METs will be 
operated must be brought into operation within 12 months from the date 
of the license grant except as may be determined by the Commission for 
any particular application.
    (b)(1) Each license for a transmitting earth station included in 
this part, except for earth stations licensed under a blanket licensing 
provision, shall also specify as a condition therein that upon the 
completion of construction, each licensee must file with the Commission 
a certification containing the following information:
    (i) The name of the licensee;
    (ii) File number of the application;
    (iii) Call sign of the antenna;
    (iv) Date of the license;
    (v) A certification that the facility as authorized has been 
completed and that each antenna facility has been tested and is within 2 
dB of the pattern specified in Sec. 25.209, Sec. 25.135 (NVNG MSS 
earth stations), or Sec. 25.213 (1.6/2.4 GHz Mobile-Satellite Service 
earth stations);
    (vi) The date on which the earth station became operational; and
    (vii) A statement that the station will remain operational during 
the license period unless the license is submitted for cancellation.
    (2) For earth stations authorized under any blanket licensing 
provision in this chapter, a certification containing the information in 
paragraph (b)(1) of this section must be filed when the network is put 
into operation.
    (c) If the facility does not meet the technical parameters set forth 
in Sec. 25.209, a request for a waiver must be submitted and approved 
by the Commission before operations may commence.
    (d) Each receiving earth station licensed or registered pursuant to 
Sec. 25.131 must be constructed and placed into service within 6 months 
after coordination has been completed. Each licensee or registrant must 
file with the Commission a certification that the facility is completed 
and operating as provided in paragraph (b) of this section, with the 
exception of certification of antenna patterns.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68059, Dec. 23, 1993; 59 
FR 53327, Oct. 21, 1994; 65 FR 59142, Oct. 4, 2000; 70 FR 32254, June 2, 
2005]



Sec. 25.134  Licensing provisions of Very Small Aperture Terminal (VSAT)
and C-band Small Aperture Terminal (CSAT) networks.

    (a)(1) VSAT networks operating in the 12/14 GHz bands. All 
applications for digital VSAT networks granted on or before September 
15, 2005, with a maximum outbound downlink EIRP density of +10.0 dBW/4 
kHz per carrier and earth station antennas with maximum input power 
density of -14 dBW/4 kHz will be processed routinely. All

[[Page 192]]

applications for analog VSAT networks with maximum outbound downlink 
power densities of +17.0 dBW/4 kHz per carrier and maximum antenna input 
power densities of -8.0 dBW/4 kHz shall be processed routinely in 
accordance with Declaratory Order in the Matter of Routine Licensing of 
Earth Stations in the 6 GHz and 14 GHz Bands Using Antennas Less than 9 
Meters and 5 Meters in Diameter, Respectively, for Both Full Transponder 
and Narrowband Transmissions, 2 FCC Rcd 2149 (1987) (Declaratory Order).
    (a)(2) Large Networks of Small Antennas operating in the 4/6 GHz 
frequency bands. All applications for digital and/or analog operations 
will be routinely processed provided the network employs antennas that 
are 4.5 meter or larger in diameter, that are consistent with Sec. 
25.209, the power levels are consistent with Sec. Sec. 25.211(d) and 
25.212(d), and frequency coordination has been satisfactorily completed. 
The use of smaller antennas or non-consistent power levels require the 
filing of an initial lead application (Sec. 25.115(c)(2)) that includes 
all technical analyses required to demonstrate that unacceptable 
interference will not be caused to any and all affected adjacent 
satellite operators by the operation of the non-conforming earth 
station.
    (b) VSAT networks operating in the 11.7-12.2 GHz and 14.0-14.5 GHz 
band. Each applicant for digital and/or analog VSAT network 
authorization proposing to use transmitted satellite carrier EIRP 
densities and/or maximum antenna input power in excess of those 
specified in paragraph (a) of this Section must comply with the 
procedures set forth in Sec. 25.220.
    (c) [Reserved]
    (d) An application for VSAT authorization shall be filed on FCC Form 
312, Main Form and Schedule B.
    (e) VSAT operators in the 11.7-12.2 GHz and 14.0-14.5 GHz frequency 
bands are permitted to use more than one hub earth station in their 
networks.
    (f) VSAT operators in the 11.7-12.2 GHz and 14.0-14.5 GHz frequency 
bands are permitted to use temporary fixed earth stations as either hub 
earth stations or remote earth stations in their networks, but must 
specify the number of temporary fixed earth stations they plan to use in 
their networks at the time of their applications.
    (g) Starting March 10, 2005, all applications for VSAT service in 
the 12/14 GHz band that meet the following requirements will be 
routinely processed: (1) The maximum transmitter power spectral density 
of a digital modulated carrier into any GSO FSS earth station antenna 
shall not exceed -14.0 - 10log(N) dB(W/4 kHz). For a VSAT network using 
frequency division multiple access (FDMA) or time division multiple 
access (TDMA) technique, N is equal to one. For a VSAT network using 
code division multiple access (CDMA) technique, N is the maximum number 
of co-frequency simultaneously transmitting earth stations in the same 
satellite receiving beam.
    (2) The maximum GSO FSS satellite EIRP spectral density of the 
digital modulated emission shall not exceed 10 dB (W/4kHz) for all 
methods of modulation and accessing techniques.
    (3) The maximum transmitter power spectral density of an analog 
carrier into any GSO FSS earth station antenna shall not exceed -8.0 
dB(W/4kHz) and the maximum GSO FSS satellite EIRP spectral density shall 
not exceed +17.0 dB(W/4kHz).
    (h) VSAT operators licensed pursuant to this section are prohibited 
from using remote earth stations in their networks that are not designed 
to stop transmissions from their remote earth stations when 
synchronization with the target satellite fails.

[56 FR 66001, Dec. 20, 1991, as amended at 62 FR 5929, Feb. 10, 1997; 66 
FR 31560, June 12, 2001; 70 FR 32254, June 2, 2005; 70 FR 33376, June 8, 
2005]



Sec. 25.135  Licensing provisions for earth station networks in the non-voice,
non-geostationary mobile-satellite service.

    (a) Each applicant for a blanket earth station license in the non-
voice, non-geostationary mobile-satellite service shall demonstrate that 
transceiver operations will not cause unacceptable interference to other 
authorized users of the spectrum, based on existing system information 
publicly available at the Commission at the time of filing, and will 
comply with operational conditions placed upon the

[[Page 193]]

systems with which they are to operate in accordance with Sec. 
25.142(b). This demonstration shall include a showing as to all the 
technical parameters, including duty cycle and power limits, under which 
the individual user transceivers will operate.
    (b) Transceiver units associated with the non-voice, non-
geostationary mobile-satellite service may not be operated on civil 
aircraft. All portable or hand-held transceiver units (including 
transceiver units installed in other devices that are themselves 
portable or hand-held) having a receiver operating in the 137-138 MHz 
band shall bear the following statement in a conspicuous location on the 
device: ``This device may not be operated while on board a civil 
aircraft. It must be turned off at all times while on board such an 
aircraft.'' This subsection shall not apply to transceiver units whose 
receivers are incapable of radiating in the 108-137 MHz frequency bands.
    (c) Transceiver units in this service are authorized to communicate 
with and through U.S. authorized space stations only. No person without 
an FCC license for such operation may transmit to a space station in 
this service from anywhere in the United States except to receive 
service from the holder of a pertinent FCC blanket license or from 
another party with the permission of such a blanket licensee.
    (d) The holder of an FCC blanket license for operation of 
transceivers for communication via a non-voice, non-geostationary 
mobile-satellite system shall be responsible for operation of any such 
transceiver to receive service provided by the blanket licensee or 
provided by another party with the blanket licensee's consent. Operators 
of non-voice, non-geostationary mobile-satellite systems shall not 
transmit communications to or from user transceivers in the United 
States unless such communications are authorized under a service 
contract with the holder of a pertinent FCC blanket license or under a 
service contract another party with authority for such transceiver 
operation delegated by such a blanket licensee.

[58 FR 68059, Dec. 23, 1993, as amended at 69 FR 5710, Feb. 6, 2004]



Sec. 25.136  Licensing provisions for user transceivers in the 1.6/2.4 GHz,
1.5/1.6 GHz, and 2 GHz Mobile Satellite Services.

    In addition to the technical requirements specified in Sec. 25.213, 
earth stations operating in the 1.6/2.4 GHz and 1.5/1.6 GHz Mobile 
Satellite Services are subject to the following operating conditions:
    (a) User transceiver units associated with the 1.6/2.4 GHz Mobile-
Satellite Service or 2 GHz Mobile-Satellite Service may not be operated 
on civil aircraft unless the earth station has a direct physical 
connection to the aircraft cabin or cockpit communication system.
    (b) No person without an FCC license for such operation may transmit 
to a space station in this service from anywhere in the United States 
except to receive service from the holder of a pertinent FCC blanket 
license or from another party with the permission of such a blanket 
licensee.
    (c) The holder of an FCC blanket license for operation of 
transceivers for communication via a 1.6/2.4 GHz, 1.5/1.6 GHz, or 2 GHz 
Mobile Satellite Service system shall be responsible for operation of 
any such transceiver to receive service provided by that licensee or 
provided by another party with the blanket licensee's consent. Operators 
of such satellite systems shall not transmit communications to or from 
user transceivers in the United States unless such communications are 
authorized under a service contract with the holder of a pertinent FCC 
blanket license for transceiver operation or under a service contract 
with another party with authority for such transmission delegated by 
such a blanket licensee.
    (d) Any mobile earth station (MES) associated with the Mobile 
Satellite Service operating in the 1530-1544 MHz and 1626.5-1645.5 MHz 
bands shall have the following minimum set of capabilities to ensure 
compliance with Footnote S5.353A and the priority and real-time 
preemption requirements imposed by Footnote US315.
    (1) All MES transmissions shall have a priority assigned to them 
that preserves the priority and preemptive access given to maritime 
distress and

[[Page 194]]

safety communications sharing the band.
    (2) Each MES with a requirement to handle maritime distress and 
safety data communications shall be capable of either:
    (i) Recognizing message and call priority identification when 
transmitted from its associated Land Earth Station (LES) or
    (ii) Accepting message and call priority identification embedded in 
the message or call when transmitted from its associated LES and passing 
the identification to shipboard data message processing equipment.
    (3) Each MES shall be assigned a unique terminal identification 
number that will be transmitted upon any attempt to gain access to a 
system.
    (4) After an MES has gained access to a system, the mobile terminal 
shall be under control of a LES and shall obtain all channel assignments 
from it.
    (5) All MESs that do not continuously monitor a separate signalling 
channel or signalling within the communications channel shall monitor 
the signalling channel at the end of each transmission.
    (6) Each MES shall automatically inhibit its transmissions if it is 
not correctly receiving separate signalling channel or signalling within 
the communications channel from its associated LES.
    (7) Each MES shall automatically inhibit its transmissions on any or 
all channels upon receiving a channel-shut-off command on a signalling 
or communications channel it is receiving from its associated LES.
    (8) Each MES with a requirement to handle maritime distress and 
safety communications shall have the capability within the station to 
automatically preempt lower precedence traffic.
    (e) Any Land Earth Station (LES) associated with the Mobile 
Satellite Service operating in the 1530-1544 MHz and 1626.5-1645.5 MHz 
bands shall have the following minimum set of capabilities to ensure 
that the MSS system complies with Footnote S5.353A and the priority and 
real-time preemption requirements imposed by Footnote US315. It should 
be noted that the LES operates in the Fixed-Satellite Service (``FSS'') 
as a feeder-link for the MSS (Radio Regulations 71) and that the 
following capabilities are to facilitate the priority and preemption 
requirements. The FSS feeder-link stations fulfilling these MSS 
requirements shall not have any additional priority with respect to FSS 
stations operating with other FSS systems.
    (1) All LES transmissions to mobile earth stations (MESs) shall have 
a priority assigned to them that preserves the priority and preemptive 
access given to maritime distress and safety communications.
    (2) The LES shall recognize the priority of calls to and from MES 
and make channel assignments taking into account the priority access 
that is given to maritime distress and safety communications.
    (3) The LES shall be capable of receiving the MES identification 
number when transmitted and verifying that it is an authorized user of 
the system to prohibit unauthorized access.
    (4) The LES shall be capable of transmitting channel assignment 
commands to the MESs.
    (5) The communications channels used between the LES and the MES 
shall have provision for signalling within the voice/data channel, for 
an MES, which does not continuously monitor the LES signalling channel 
during the time of a call.
    (6) The LES shall transmit periodic control signalling signals to 
MES, which do not continuously monitor the LES signalling channel.
    (7) The LES shall automatically inhibit all transmissions to MESs to 
which it is not transmitting a signalling channel or signalling within 
the communications channel.
    (8) The LES shall be capable of transmitting channel-shut-off 
commands to the MESs on signalling or communications channels.
    (9) Each LES shall be capable of interrupting, and if necessary, 
preempting ongoing routine traffic from an MES in order to complete a 
maritime distress, urgency or safety call to that particular MES.
    (10) Each LES shall be capable of automatically turning off one or 
more of its associated channels in order to complete a maritime 
distress, urgency or safety call.

[[Page 195]]

    (f) Incorporation of ancillary terrestrial component base station 
into an L-band mobile-satellite service system. Any licensee authorized 
to construct and launch an L-band mobile-satellite system may construct 
ancillary terrestrial component (ATC) base stations as defined in Sec. 
25.201 at its own risk and subject to the conditions specified in this 
subpart any time after commencing construction of the mobile-satellite 
service system.
    (g) Pre-operational build-out and testing. An MSS licensee may, 
without further authority from the Commission and at its own risk engage 
in pre-operational build-out and, conduct equipment tests for the 
purpose of making such adjustments and measurements as may be necessary 
to assure compliance with the terms of the technical provisions of its 
MSS license, ATC operation requirements, the rules and regulations in 
this Part and the applicable engineering standards. Prior to engaging in 
such pre-operational build-out and testing, an MSS licensee must notify 
the Commission concerning the initiation of MSS system satellite 
construction and the MSS operator's intent to construct and test ATC 
facilities. This notification must take the form of a letter formally 
filed with the Commission in the appropriate MSS license docket. Such 
letter shall specify the frequencies on which the MSS licensee proposes 
to engage in pre-operational testing and shall specify the name, 
address, telephone number and other such information as may be necessary 
to contact a MSS licensee representative for the reporting and 
mitigation of any interference that may occur as a result of such pre-
operational testing and build-out. MSS licensees engaging in pre-
operational build-out and testing must also comply with Sec. Sec. 5.83, 
5.85(c), 5.111, and 5.117 of this chapter relating to experimental 
operations. An MSS licensee may not offer ATC service to the public for 
compensation during pre-operational testing. In order to operate any ATC 
base stations, such a licensee must meet all the requirements set forth 
in Sec. 25.147 and must have been granted ATC authority.
    (h) Aircraft. All portable or hand-held transceiver units (including 
transceiver units installed in other devices that are themselves 
portable or hand-held) having operating capabilities in the 1626.5-
1660.5 MHz and 1525-1559 MHz bands shall bear the following statement in 
a conspicuous location on the device: ``This device may not be operated 
while on board aircraft. It must be turned off at all times while on 
board aircraft.''

[65 FR 59142, Oct. 4, 2000, as amended at 67 FR 46604, July 16, 2002; 67 
FR 51110, Aug. 7, 2002; 68 FR 43645, July 24, 2003; 68 FR 47858, Aug. 
12, 2003; 69 FR 5710, Feb. 6, 2004]



Sec. 25.137  Application requirements for earth stations operating with
non-U.S. licensed space stations.

    (a) Earth station applicants or entities filing a ``letter of 
intent'' or ``Petition for Declaratory Ruling'' requesting authority to 
operate with a non-U.S. licensed space station to serve the United 
States must attach an exhibit with their FCC Form 312 application with 
information demonstrating that U.S.-licensed satellite systems have 
effective competitive opportunities to provide analogous services in:
    (1) The country in which the non-U.S. licensed space station is 
licensed; and
    (2) All countries in which communications with the U.S. earth 
station will originate or terminate. The applicant bears the burden of 
showing that there are no practical or legal constraints that limit or 
prevent access of the U.S. satellite system in the relevant foreign 
markets. The exhibit required by this paragraph must also include a 
statement of why grant of the application is in the public interest. 
This paragraph shall not apply with respect to requests for authority to 
operate using a non-U.S. licensed satellite that is licensed by or 
seeking a license from a country that is a member of the World Trade 
Organization for services covered under the World Trade Organization 
Basic Telecommunications Agreement.
    (b) Earth station applicants, or entities filing a ``letter of 
intent,'' or ``Petition for Declaratory Ruling,'' requesting authority 
to operate with a non-U.S. licensed space station must attach to their 
FCC Form 312 an exhibit providing legal and technical information for 
the non-U.S. licensed

[[Page 196]]

space station in accordance with part 25. Applications addressed in this 
paragraph must be filed electronically through the International Bureau 
Filing System (IBFS).
    (c) A non-U.S. licensed NGSO-like satellite system seeking to serve 
the United States can be considered contemporaneously with other U.S. 
NGSO-like satellite system pursuant to Sec. 25.157 and considered 
before later-filed applications of other U.S. satellite system 
operators, and a non-U.S.-licensed GSO-like satellite system seeking to 
serve the United States can have its request placed in a queue pursuant 
to Sec. 25.158 and considered before later-filed applications of other 
U.S. satellite system operators, if the non-U.S. licensed satellite 
system is:
    (1) In orbit and operating;
    (2) Has a license from another administration; or
    (3) Has been submitted for coordination to the International 
Telecommunication Union.
    (d) Earth station applicants requesting authority to operate with a 
non-U.S.-licensed space station and non-U.S.-licensed satellite 
operators filing letters of intent or petitions for declaratory ruling 
to access the U.S. market must demonstrate that the non-U.S.-licensed 
space station has complied with all applicable Commission requirements 
for non-U.S. licensed systems to operate in the United States, including 
but not limited to the following:
    (1) Milestones;
    (2) Reporting requirements;
    (3) Any other applicable service rules;
    (4) For non-U.S.-licensed satellites that are not in orbit and 
operating, a bond must be posted. This bond must be in the amount of $5 
million for NGSO satellite systems, or $3 million for GSO satellites, 
denominated in U.S. dollars, and compliant with the terms of Sec. 
25.165 of this chapter. The party posting the bond will be permitted to 
reduce the amount of the bond upon a showing that a milestone has been 
met, in accordance with the terms of Sec. 25.165(d) of this chapter.
    (5) Non-U.S. licensed GSO-like space station operators with a total 
of five requests for access to the U.S. market in a particular frequency 
band, or a total of five previously granted requests for access to the 
U.S. market with unbuilt GSO-like space stations in a particular 
frequency band, or a combination of pending GSO-like requests and 
granted requests for unbuilt GSO-like space stations in a particular 
frequency band that equals five, will not be permitted to request access 
to the U.S. market with another GSO-like space station license in that 
frequency band. In addition, non-U.S.-licensed NGSO-like satellite 
system operators with one request on file with the Commission in a 
particular frequency band, or one granted request for an unbuilt NGSO-
like satellite system in a particular frequency band, will not be 
permitted to request access to the U.S. market with another NGSO-like 
satellite system in that frequency band.
    (e) A non-U.S.-licensed satellite operator that is seeking to serve 
the United States pursuant to a Letter of Intent may amend its request 
by submitting an additional Letter of Intent. Such additional Letters of 
Intent will be treated as amendments filed by U.S. space station 
applicants for purposes of determining the order in which the Letters of 
Intent will be considered relative to other pending applications.
    (f) A non-U.S.-licensed satellite operator that has been permitted 
to serve the United States pursuant to a Letter of Intent or Petition 
for Declaratory Ruling, may modify its U.S. operations under the 
procedures set forth in Sec. 25.117(d). In addition, a non-U.S.-
licensed satellite operator that has been permitted to serve the United 
States pursuant to a Petition for Declaratory Ruling, may modify its 
U.S. operations under the procedures set forth in Sec. 25.118(e).
    (g) A non-U.S.-licensed satellite operator that has been permitted 
to serve the United States pursuant to a Petition for Declaratory Ruling 
must notify the Commission if it plans to transfer control or assign its 
license to another party, so that the Commission can afford interested 
parties an opportunity to comment on whether the proposed transaction 
affects any of the considerations we made when we allowed the satellite 
operator to enter the U.S. market. If the transferee or assignee is not 
licensed by or seeking a

[[Page 197]]

license from a country that is a member of the World Trade Organization 
for services covered under the World Trade Organization Basic 
Telecommunications Agreement, the non-U.S.-licensed satellite operator 
will be required to make the showing described in paragraph (a) of this 
section.

[62 FR 64172, Dec. 4, 1997, as amended at 64 FR 61792, Nov. 15, 1999; 65 
FR 16327, Mar. 28, 2000; 65 FR 59143, Oct. 4, 2000; 68 FR 51503, Aug. 
27, 2003; 68 FR 62249, Nov. 3, 2003; 69 FR 51587, Aug. 20, 2004]



Sec. 25.138  Blanket Licensing provisions of GSO FSS Earth Stations in the 18.3-18.8 GHz 
(space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 28.35-28.6 GHz 

          (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space) bands.

    (a) All applications for a blanket earth station license in the GSO 
FSS in the 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 
GHz bands that meet the following requirements shall be routinely 
processed:
    (1) GSO FSS earth station antenna off-axis EIRP spectral density for 
co-polarized signals shall not exceed the following values, within 
3[deg] of the GSO arc, under clear sky conditions:

 
 
 
18.5-25log([thetas])-10log(N  dBW/40kHz...........  for 2.0[deg] <=
 ).                                                  [thetas] <= 7[deg]
-2.63-10log(N)..............  dBW/40kHz...........  for 7[deg] <=
                                                     [thetas] <=
                                                     9.23[deg]
21.5-25log([thetas])-10log(N  dBW/40kHz...........  for 9.23[deg] <=
 ).                                                  [thetas] <= 48[deg]
-10.5-10log(N)..............  dBW/40kHz...........  for 48[deg] <
                                                     [thetas] <=
                                                     180[deg]
 

Where:

[thetas] is the angle in degrees from the axis of the main lobe; for 
systems where more than one earth station is expected to transmit 
simultaneously in the same bandwidth, e.g., CDMA systems,
N is the likely maximum number of simultaneously transmitting co-
frequency earth stations in the receive beam of the satellite; N=1 for 
TDMA and FDMA systems.

    (2) GSO FSS earth station antenna off-axis EIRP spectral density for 
co-polarized signals shall not exceed the following values, for all 
directions other than within 3[deg] of the GSO 
arc, under clear sky conditions:

 
 
 
21.5-25log([thetas])-10log(N  dBW/40kHz...........  for 3.5[deg] <=
 ).                                                  [thetas] <= 7[deg]
0.37-10log(N)...............  dBW/40kHz...........  for 7[deg] <
                                                     [thetas] <=
                                                     9.23[deg]
24.5-25log([thetas])-10log(N  dBW/40kHz...........  for 9.23[deg] <
 ).                                                  [thetas] <= 48[deg]
-7.5-10log(N)...............  dBW/40kHz...........  for 48[deg] <
                                                     [thetas] <=
                                                     180[deg]
 

Where:

[thetas]: is the angle in degrees from the axis of the main lobe; for 
systems where more than one earth station is expected to transmit 
simultaneously in the same bandwidth, e.g., CDMA systems.
N: is the likely maximum number of simultaneously transmitting co-
frequency earth stations in the receive beam of the satellite; N=1 for 
TDMA and FDMA systems.

    (3) The values given in paragraphs (a) (1) and (2) of this section 
may be exceeded by 3 dB, for values of [thetas] 10[deg], 
provided that the total angular range over which this occurs does not 
exceed 20[deg] when measured along both sides of the GSO arc.
    (4) GSO FSS earth station antenna off-axis EIRP spectral density for 
cross-polarized signals shall not exceed the following values, in all 
directions relative to the GSO arc, under clear sky conditions:

 
 
 
8.5-25log([thetas])-10log(N)  dBW/40kHz...........  for 2.0[deg] <=
                                                     [thetas] <= 7[deg]

[[Page 198]]

 
12.63-10log(N)..............  dBW/40kHz...........  for 7[deg] <
                                                     [thetas] <=
                                                     9.23[deg]
 

Where:

[thetas]: is the angle in degrees from the axis of the main lobe; for 
systems where more than one earth station is expected to transmit 
simultaneously in the same bandwidth, e.g., CDMA systems.
N: is the likely maximum number of simultaneously transmitting co-
frequency earth stations in the receive beam of the satellite; N=1 for 
TDMA and FDMA systems.

    (5) For earth stations employing uplink power control, the values in 
paragraphs (a) (1), (2), and (4) of this section may be exceeded by up 
to 20 dB under conditions of uplink fading due to precipitation. The 
amount of such increase in excess of the actual amount of monitored 
excess attenuation over clear sky propagation conditions shall not 
exceed 1.5 dB or 15 % of the actual amount of monitored excess 
attenuation in dB, whichever is larger, with a confidence level of 90 
percent except over transient periods accounting for no more than 0.5% 
of the time during which the excess is no more than 4.0 dB.
    (6) Power flux-density (PFD) at the Earth's surface produced by 
emissions from a space station for all conditions, including clear sky, 
and for all methods of modulation shall not exceed a level of -118 dBW/
m\2\/MHz, in addition to the limits specified in Sec. 25.208 (d).
    (b) Each applicant for earth station license(s) that proposes levels 
in excess of those defined in paragraph (a) of this section shall submit 
link budget analyses of the operations proposed along with a detailed 
written explanation of how each uplink and each transmitted satellite 
carrier density figure is derived. Applicants shall also submit a 
narrative summary which must indicate whether there are margin 
shortfalls in any of the current baseline services as a result of the 
addition of the applicant's higher power service, and if so, how the 
applicant intends to resolve those margin short falls. Applicants shall 
certify that all potentially affected parties (i.e., those GSO FSS 
satellite networks that are 2, 4, and 6 degrees apart) acknowledge and 
do not object to the use of the applicant's higher power densities.
    (c) Licensees authorized pursuant to paragraph (b) of this section 
shall bear the burden of coordinating with any future applicants or 
licensees whose proposed compliant operations at 6 degrees or smaller 
orbital spacing, as defined by paragraph (a) of this section, is 
potentially or actually adversely affected by the operation of the non-
compliant licensee. If no good faith agreement can be reached, however, 
the non-compliant licensee shall reduce its earth station and space 
station power density levels to be compliant with those specified in 
paragraph (a) of this section.
    (d) The applicant shall provide for each earth station antenna type, 
a series of radiation patterns measured on a production antenna 
performed on a calibrated antenna range and, as a minimum, shall be made 
at the bottom, middle, and top frequencies of the 30 GHz band. The 
radiation patterns are:
    (1) Co-polarized patterns for each of two orthogonal senses of 
polarizations in two orthogonal planes of the antenna.
    (i) In the azimuth plane, plus and minus 10 degrees and plus and 
minus 180 degrees.
    (ii) In the elevation plane, zero to 30 degrees.
    (2) Cross-polarization patterns in the E- and H-planes, plus and 
minus 10 degrees.
    (3) Main beam gain.
    (e) Protection of receive earth stations from adjacent satellite 
interference is based on either the antenna performance specified in 
Sec. 25.209 (a) and (b), or the actual receiving earth station antenna 
performance, if actual performance provides greater isolation from 
adjacent satellite interference. For purposes of insuring the correct 
level of protection, the applicant shall provide, for each earth station 
antenna type, the antenna performance plots

[[Page 199]]

for the 20 GHz band, including the format specified in paragraph (d) of 
this section.
    (f) The earth station licensee shall not transmit towards a GSO FSS 
satellite unless it has prior authorization from the satellite operator 
or a space segment vendor authorized by the satellite operator. The 
specific transmission shall be conducted in accordance with the 
operating protocol specified by the satellite operator. The holder of an 
FCC blanket license pursuant to this section shall be responsible for 
operation of any transceiver to receive GSO FSS service provided by that 
licensee or provided by another party with the blanket licensee's 
consent. Operators of GSO FSS systems shall not transmit communications 
to or from user transceivers in the United States unless such 
communications are authorized under a service contract with the holder 
of a pertinent FCC blanket license or under a service contract with 
another party with authority for such transceiver operation delegated by 
such a blanket licensee.
    (g) A licensee applying to renew its license must include on FCC 
Form 405 the number of constructed earth stations.

[65 FR 54169, Sept. 7, 2000, as amended at 66 FR 63515, Dec. 7, 2001; 68 
FR 16966, Apr. 8, 2003; 69 FR 5710, Feb. 6, 2004]



Sec. 25.139  NGSO FSS coordination and information sharing between MVDDS
licensees in the 12.2 GHz to 12.7 GHz band.

    (a) NGSO FSS licensees shall maintain a subscriber database in a 
format that can be readily shared with MVDDS licensees for the purpose 
of determining compliance with the MVDDS transmitting antenna spacing 
requirement relating to qualifying existing NGSO FSS subscriber 
receivers set forth in Sec. 101.129 of this chapter. This information 
shall not be used for purposes other than set forth in Sec. 101.129 of 
this chapter. Only sufficient information to determine compliance with 
Sec. 101.129 of this chapter is required.
    (b) Within ten business days of receiving notification of the 
location of a proposed MVDDS transmitting antenna, the NGSO FSS licensee 
shall provide sufficient information from the database to enable the 
MVDDS licensee to determine whether the proposed MVDDS transmitting site 
meets the minimum spacing requirement.
    (c) If the location of the proposed MVDDS transmitting antenna site 
does not meet the separation requirements of Sec. 101.129 of this 
chapter, then the NGSO FSS licensee shall also indicate to the MVDDS 
licensee within the same ten day period specified in paragraph (b) of 
this section whether the proposed MVDDS transmitting site is acceptable 
at the proposed location.
    (d) Nothing in this section shall preclude NGSO FSS and MVDDS 
licensees from entering into an agreement to accept MVDDS transmitting 
antenna locations that are shorter-spaced from existing NGSO FSS 
subscriber receivers than the distance set forth in Sec. 101.129 of 
this chapter.

[67 FR 43037, June 26, 2002, as amended at 68 FR 43945, July 25, 2003]

                             Space Stations



Sec. 25.140  Qualifications of fixed-satellite space station licensees.

    (a) New fixed-satellites shall comply with the requirements 
established in Report and Order, CC Docket No. 81-704 (available at 
address in Sec. 0.445 of this chapter.) Applications must also meet the 
requirements in paragraphs (b) through (d) of this section. The 
Commission may require additional or different information in the case 
of any individual application. Applications will be unacceptable for 
filing and will be returned to the applicant if they do not meet the 
requirements referred to in this paragraph.
    (b) Each applicant for a space station authorization in the fixed-
satellite service must demonstrate, on the basis of the documentation 
contained in its application, that it is legally, technically, and 
otherwise qualified to proceed expeditiously with the construction, 
launch and/or operation of each proposed space station facility 
immediately upon grant of the requested authorization. Each applicant 
must provide the following information:
    (1) The information specified in Sec. 25.114; and
    (2) Except as set forth in paragraph (b)(3) of this section, all 
applicants

[[Page 200]]

must provide an interference analysis to demonstrate the compatibility 
of their proposed system 2 from any authorized space station. An 
applicant should provide details of its proposed r.f. carriers which it 
believes should be taken into account in this analysis. At a minimum, 
the applicant must include, for each type of r.f. carrier, the link 
noise budget, modulation parameters, and overall link performance 
analysis. (See, e.g., appendices B and C to Licensing of Space Stations 
in the Domestic Fixed-Satellite Service (available at address in Sec. 
0.445)).
    (3) Applicants for licenses for satellites in the 17/24 GHz BSS must 
provide an interference analysis of the kind described in paragraph 
(b)(2) of this section, except that the applicant must demonstrate the 
compatibility of its proposed system 4[deg] from any current or future 
authorized space station in the 17/24 GHz BSS that complies with the 
technical rules in this part. The link budget must take into account 
longitudinal stationkeeping tolerances and any existing orbital location 
offsets from the nominal 17/24 GHz BSS orbital locations of the adjacent 
prior-authorized 17/24 GHz BSS space stations. In addition, any 17/24 
GHz BSS satellite applicant that has reached a coordination agreement 
with an operator of another 17/24 GHz BSS satellite located up to 10[deg]away to allow that operator to exceed the pfd 
levels specified in the rules for this service, must use those higher 
pfd levels for the purposes of this showing.
    (c) Any space station applicant for a space station authorization in 
the 17/24 GHz BSS must design its satellite network to be capable of 
operating with another 17/24 GHz BSS satellite as close as four degrees 
away from its 17/24 GHz BSS satellite.
    (d)-(g) [Reserved]

[62 FR 5929, Feb. 10, 1997, as amended at 68 FR 51504, Aug. 27, 2003; 72 
FR 50028, Aug. 29, 2007]



Sec. 25.142  Licensing provisions for the non-voice, non-geostationary
mobile-satellite service.

    (a) Space station application requirements. (1) Each application for 
a space station system authorization in the non-voice, non-geostationary 
mobile-satellite service shall describe in detail the proposed non-
voice, non-geostationary mobile-satellite system, setting forth all 
pertinent technical and operational aspects of the system, and the 
technical and legal qualifications of the applicant. In particular, each 
application shall include the information specified in Sec. 25.114. 
Applicants must also file information demonstrating compliance with all 
requirements of this section, and showing, based on existing system 
information publicly available at the Commission at the time of filing, 
that they will not cause unacceptable interference to any non-voice, 
non-geostationary mobile-satellite service system authorized to 
construct or operate.
    (2) Applicants for a non-voice, non-geostationary mobile-satellite 
must identify the power flux density produced at the Earth's surface by 
each space station of their system in the frequency bands 137-138 MHz 
and 400.15-401 MHz, to allow determination of whether coordination with 
terrestrial services is required under international footnotes 599A and 
647B of Sec. 2.106 of the Commission's Rules. In addition, applicants 
must identify the measures they would employ to protect the radio 
astronomy service in the 150.05-153 MHz and 406.1-410 MHz bands from 
harmful interference from unwanted emissions.
    (3) Emission limitations. (i) Applicants in the non-voice, non-
geostationary mobile-satellite service shall show that their space 
stations will not exceed the emission limitations of Sec. 25.202(f) 
(1), (2) and (3), as calculated for a fixed point on the Earth's surface 
in the plane of the space station's orbit, considering the worst-case 
frequency tolerance of all frequency determining components, and maximum 
positive and negative Doppler shift of both the uplink and downlink 
signals, taking into account the system design.
    (ii) Applicants in the non-voice, non-geostationary mobile-satellite 
service shall show that no signal received by their satellites from 
sources outside of their system shall be retransmitted with a power flux 
density level, in the worst 4 kHz, higher than the level described by 
the applicants in paragraph (a)(2) of this section.

[[Page 201]]

    (4) [Reserved]
    (5) Replacement of space stations within the system license term. 
The licensee need not file separate applications to construct, launch 
and operate technically identical replacement satellites within the term 
of the system authorization. However, the licensee shall certify to the 
Commission, at least thirty days prior to launch of such replacement(s) 
that:
    (i) The licensee intends to launch a space station that is 
technically identical to those authorized in its system license, and
    (ii) Launch of this space station will not cause the licensee to 
exceed the total number of operating space stations authorized by the 
Commission.
    (b) Operating conditions. In order to ensure compatible operations 
with authorized users in the frequency bands to be utilized for 
operations in the non-voice, non-geostationary mobile-satellite service, 
non-voice, non-geostationary mobile-satellite service systems must 
operate in accordance with the conditions specified in this section.
    (1) Service limitation. Voice services may not be provided.
    (2) Coordination requirements with Federal government users.
    (i) The frequency bands allocated for use by the non-voice, non-
geostationary mobile-satellite service are also authorized for use by 
agencies of the Federal government. The Federal use of frequencies in 
the non-voice, non-geostationary mobile-satellite service frequency 
bands is under the regulatory jurisdiction of the National 
Telecommunications and Information Administration (NTIA).
    (ii) The Commission will use its existing procedures for liaison 
with NTIA to reach agreement with respect to achieving compatible 
operations between Federal government users under the jurisdiction of 
NTIA and non-voice, non-geostationary mobile-satellite service systems 
(including user transceivers subject to blanket licensing under Sec. 
25.115(d)) through the frequency assignment and coordination practices 
established by NTIA and the Interdepartment Radio Advisory Committee 
(IRAC). In order to facilitate such frequency assignment and 
coordination, applicants shall provide the Commission with sufficient 
information to evaluate electromagnetic compatibility with the Federal 
government use of the spectrum, and any additional information requested 
by the Commission. As part of the coordination process, applicants shall 
show that they will not cause unacceptable interference to authorized 
Federal government users, based upon existing system information 
provided by the Government. The frequency assignment and coordination of 
the satellite system with Federal government users shall be completed 
prior to grant of construction authorization.
    (iii) The Commission shall also coordinate with NTIA/IRAC with 
regard to the frequencies to be shared by those earth stations of non-
voice, non-geostationary mobile-satellite service systems that are not 
subject to blanket licensing under Sec. 25.115(d), and authorized 
Federal government stations in the fixed and mobile services, through 
the exchange of appropriate systems information.
    (3) Coordination among non-voice, non-geostationary mobile-satellite 
service systems. Applicants for authority to establish non-voice, non-
geostationary mobile-satellite service systems are encouraged to 
coordinate their proposed frequency usage with existing permittees and 
licensees in the non-voice, non-geostationary mobile-satellite service 
whose facilities could be affected by the new proposal in terms of 
frequency interference or restricted system capacity. All affected 
applicants, permittees, and licensees shall, at the direction of the 
Commission, cooperate fully and make every reasonable effort to resolve 
technical problems and conflicts that may inhibit effective and 
efficient use of the radio spectrum; however, the permittee or licensee 
being coordinated with is not obligated to suggest changes or re-
engineer an applicant's proposal in cases involving conflicts.
    (4) Safety and distress communications. Stations operating in the 
non-voice, non-geostationary mobile-satellite service that are used to 
comply with any statutory or regulatory equipment carriage requirements 
may

[[Page 202]]

also be subject to the provisions of sections 321(b) and 359 of the 
Communications Act of 1934, as amended. Licensees are advised that these 
provisions give priority to radio communications or signals relating to 
ships in distress and prohibit a charge for the transmission of maritime 
distress calls and related traffic.
    (c) Reporting requirements. All operators of non-voice, non-
geostationary mobile-satellite service systems shall, on June 30 of each 
year, file a report with the International Bureau and the Commission's 
Columbia Operations Center in Columbia, Maryland, containing the 
following information current as of May 31st of that year:
    (1) A listing of any non-scheduled space station outages for more 
than thirty minutes and the cause(s) of such outages;
    (2) A detailed description of the utilization made of the in-orbit 
satellite system. That description should identify the percentage of 
time that the system is actually used for domestic transmission, the 
amount of capacity (if any) sold but not in service, and the amount of 
unused system capacity; and
    (3) Identification of any space stations not available for service 
or otherwise not performing to specifications, the cause(s) of these 
difficulties, and the date any space station was taken out of service or 
the malfunction identified.
    (d) Prohibition of certain agreements. No license shall be granted 
to any applicant for a non-voice, non-geostationary mobile-satellite 
service system if that applicant, or any companies controlling or 
controlled by the applicant, shall acquire or enjoy any right, for the 
purpose of handling traffic to or from the United States, its 
territories or possessions, to construct or operate space segment or 
earth stations in the non-voice, non-geosynchronous mobile-satellite 
service, or to interchange traffic, which is denied to any other United 
States company by reason of any concession, contract, understanding, or 
working arrangement to which the licensee or any persons or companies 
controlling or controlled by the licensee are parties.
    (e) Spectrum priority. (1) The non-voice, non-geosynchronous mobile-
satellite service system that is authorized in the second application 
processing round to operate in the 148-148.25 MHz, 148.75-148.855 MHz, 
148.905-149.81 MHz and 150-150.05 MHz uplink frequency bands and the 
400.505-400.5517 MHz, 400.5983-400.645 MHz, 137.025-137.175 MHz, 
137.333-137.4125 MHz, 137.475-137.525 MHz, 137.595-137.645 MHz, 137.753-
137.787 MHz and 137.825-138 MHz downlink frequency bands (the ``System 2 
licensee'') will have a first priority to apply for and use a limited 
amount of downlink spectrum duly allocated worldwide and domestically to 
the non-voice, non-geosynchronous mobile-satellite service by the ITU, 
at WRC-97 or a subsequent World Radiocommunication Conference, and by 
the Commission, respectively (the ``Future Spectrum''). The System 2 
licensee will be eligible to apply for and use the first 210 kHz of 
Future Spectrum plus spectrum sufficient to account for Doppler 
frequency shift in the Future Spectrum (the ``Supplemental Spectrum'') 
to implement its non-voice, non-geosynchronous mobile-satellite service 
system. The System 2 licensee's application for and use of the 
Supplemental Spectrum is subject to the Commission's Rules and policies, 
such reasonable operating conditions as may be imposed by the 
Commission, and international spectrum coordination requirements. For so 
long as the System 2 licensee is permitted by the Government of France 
to operate in the 400.5517-400.5983 MHz band coordinated with the French 
system S80-1, the Supplemental Spectrum shall be reduced to an amount 
equivalent to 150 kHz of Future Spectrum plus spectrum sufficient to 
account for Doppler frequency shift in the Future Spectrum.
    (2) The System 2 licensee's priority to apply for and use the 
Supplemental Spectrum is conditioned on the System 2 licensee's 
compliance with the terms and conditions of its second processing round 
authorization, including, but not limited to, its system construction, 
launch and operation milestones, and any modifications thereto, and the 
Commission's Rules. The System 2 licensee's priority to apply for and 
use the Supplemental Spectrum shall automatically terminate upon the 
occurrence of any of the following events:

[[Page 203]]

    (i) The System 2 licensee being permitted to operate in the 
Supplemental Spectrum;
    (ii) The expiration or revocation of the System 2 licensee's second 
processing round authorization;
    (iii) The discontinuance of use of the spectrum assigned to the 
System 2 licensee under its second processing round authorization; or
    (iv) The surrender of the System 2 licensee's second processing 
round authorization to the Commission.

[58 FR 68060, Dec. 23, 1993, as amended at 62 FR 5930, Feb. 10, 1997; 62 
FR 59295, Nov. 3, 1997; 68 FR 51504, Aug. 27, 2003]



Sec. 25.143  Licensing provisions for the 1.6/2.4 GHz mobile-satellite
service and 2 GHz mobile-satellite service.

    (a) System license. Applicants authorized to construct and launch a 
system of technically identical satellites will be awarded a single 
``blanket'' license. In the case of non-geostationary satellites, the 
blanket license will cover a specified number of space stations to 
operate in a specified number of orbital planes. In the case of 
geostationary satellites, as part of a geostationary-only satellite 
system or a geostationary/non-geostationary hybrid satellite system, an 
individual license will be issued for each satellite to be located at a 
geostationary orbital location.
    (b) Qualification Requirements--(1) General Requirements. Each 
application for a space station system authorization in the 1.6/2.4 GHz 
Mobile-Satellite Service or 2 GHz Mobile-Satellite Service shall 
describe in detail the proposed satellite system, setting forth all 
pertinent technical and operational aspects of the system, and the 
technical and legal qualifications of the applicant. In particular, each 
application shall include the information specified in Sec. 25.114. 
Non-U.S. licensed systems shall comply with the provisions of Sec. 
25.137.
    (2) Technical qualifications. In addition to providing the 
information specified in paragraph (b)(1) of this section, each 
applicant and letter of intent filer shall demonstrate the following:
    (i) That a proposed system in the 1.6/2.4 GHz MSS frequency bands 
employs a non-geostationary constellation or constellations of 
satellites;
    (ii) That a system proposed to operate using non-geostationary 
satellites be capable of providing mobile satellite services to all 
locations as far north as 70 deg. North latitude and as far south as 55 
deg. South latitude for at least 75% of every 24-hour period, i.e., that 
at least one satellite will be visible above the horizon at an elevation 
angle of at least 5 deg. for at least 18 hours each day within the 
described geographic area;
    (iii) That a system proposed to operate using non-geostationary 
satellites be capable of providing mobile satellite services on a 
continuous basis throughout the fifty states, Puerto Rico and the U.S. 
Virgin Islands, i.e., that at least one satellite will be visible above 
the horizon at an elevation angle of at least 5 deg. at all times within 
the described geographic areas; and
    (iv) That a system only using geostationary orbit satellites, at a 
minimum, be capable of providing mobile satellite services on a 
continuous basis throughout the 50 states, Puerto Rico, and the U.S. 
Virgin Islands, if technically feasible.
    (v) That operations will not cause unacceptable interference to 
other authorized users of the spectrum. In particular, each application 
in the 1.6/2.4 GHz frequency bands shall demonstrate that the space 
station(s) comply with the requirements specified in Sec. 25.213.
    (3) [Reserved]
    (c) Replacement of Space Stations Within the System License Term. 
Licensees of 1.6/2.4 GHz mobile-satellite systems authorized through a 
blanket license pursuant to paragraph (a) of this section need not file 
separate applications to construct, launch and operate technically 
identical replacement satellites within the term of the system 
authorization. However, the licensee shall certify to the Commission, at 
least thirty days prior to launch of such replacement(s) that:
    (1) The licensee intends to launch a space station that is 
technically identical to those authorized in its system authorization, 
and
    (2) Launch of this space station will not cause the licensee to 
exceed the total number of operating space stations authorized by the 
Commission.

[[Page 204]]

    (d) In-Orbit Spares. Licensees need not file separate applications 
to operate technically identical in-orbit spares authorized as part of 
the blanket license pursuant to paragraph (a) of this section. However, 
the licensee shall certify to the Commission, within 10 days of bringing 
the in-orbit spare into operation, that operation of this space station 
did not cause the licensee to exceed the total number of operating space 
stations authorized by the Commission.
    (e) Reporting requirements. (1) All operators of 1.6/2.4 GHz Mobile-
Satellite Service systems and 2 GHz Mobile-Satellite Service systems 
shall, on October 15 of each year, file with the International Bureau 
and the Commission's Columbia Operations Center, Columbia, Maryland, a 
report containing the following information current as of September 30 
of that year:
    (i) Status of satellite construction and anticipated launch dates, 
including any major problems or delays encountered;
    (ii) A listing of any non-scheduled space station outages for more 
than 30 minutes and the cause or causes of the outage;
    (iii) A detailed description of the utilization made of the in-orbit 
satellite system. That description should identify the percentage of 
time that the system is actually used for U.S. domestic or transborder 
transmission, the amount of capacity (if any) sold but not in service 
within U.S. territorial geographic areas, and the amount of unused 
system capacity. 2 GHz Mobile Satellite systems receiving expansion 
spectrum as part of the unserved areas spectrum incentive must provide a 
report on the actual number of subscriber minutes originating or 
terminating in unserved areas as a percentage of the actual U.S. system 
use; and
    (iv) Identification of any space stations not available for service 
or otherwise not performing to specifications, the cause or causes of 
these difficulties, and the date any space station was taken out of 
service or the malfunction identified.
    (2) All operators of 1.6/2.4 GHz mobile-satellite systems shall, 
within 10 days after a required implementation milestone as specified in 
the system authorization, certify to the Commission by affidavit that 
the milestone has been met or notify the Commission by letter that it 
has not been met. At its discretion, the Commission may require the 
submission of additional information (supported by affidavit of a person 
or persons with knowledge thereof) to demonstrate that the milestone has 
been met.
    (3) All operators of 2 GHz Mobile-Satellite Service systems must 
begin system construction upon award of a service link license to U.S.-
based applicants, or upon designation of spectrum for non-U.S.-based 
systems, in accordance with milestones set forth in the respective 
system's authorization. All operators of 2 GHz Mobile-Satellite Service 
systems shall, within 10 days after a required implementation milestone 
as specified in the system authorization, certify to the Commission by 
affidavit that the milestone has been met or notify the Commission by 
letter that it has not been met. At its discretion, the Commission may 
require the submission of additional information (supported by affidavit 
of a person or persons with knowledge thereof) to demonstrate that the 
milestone has been met. Failure to file timely certification of 
milestones, or filing disclosure of non-compliance, will result in 
automatic cancellation of the authorization with no further action 
required on the Commission's part.
    (f) Safety and distress communications. (1) Stations operating in 
the 1.6/2.4 GHz Mobile-Satellite Service and 2 GHz Mobile-Satellite 
Service that are voluntarily installed on a U.S. ship or are used to 
comply with any statute or regulatory equipment carriage requirements 
may also be subject to the requirements of sections 321(b) and 359 of 
the Communications Act of 1934. Licensees are advised that these 
provisions give priority to radio communications or signals relating to 
ships in distress and prohibits a charge for the transmission of 
maritime distress calls and related traffic.
    (2) Licensees offering distress and safety services should 
coordinate with the appropriate search and rescue organizations 
responsible for the licensees service area.

[[Page 205]]

    (g) [Reserved]
    (h) Prohibition of certain agreements. No license shall be granted 
to any applicant for a space station in the mobile satellite service 
operating at 1610-1626.5/2483.5-2500 MHz if that applicant, or any 
persons or companies controlling or controlled by the applicant, shall 
acquire or enjoy any right, for the purpose of handling traffic to or 
from the United States, its territories or possession, to construct or 
operate space segment or earth stations, or to interchange traffic, 
which is denied to any other United States company by reason of any 
concession, contract, understanding, or working arrangement to which the 
Licensee or any persons or companies controlling or controlled by the 
Licensee are parties.
    (i) Incorporation of ancillary terrestrial component base stations 
into a 1.6/2.4 GHz mobile-satellite service network or a 2 GHz mobile-
satellite service network. Any licensee authorized to construct and 
launch a 1.6/2.4 GHz or a 2 GHz mobile-satellite system may construct 
ancillary terrestrial component (ATC) base stations as defined in Sec. 
25.201 at its own risk and subject to the conditions specified in this 
subpart any time after commencing construction of the mobile-satellite 
service system.
    (j) Pre-operational build-out and testing. An MSS licensee may, 
without further authority from the Commission and at its own risk, 
engage in pre-operational build-out and conduct equipment tests for the 
purpose of making such adjustments and measurements as may be necessary 
to assure compliance with the terms of the technical provisions of its 
MSS license, ATC operation requirements, the rules and regulations in 
this Part and the applicable engineering standards. Prior to engaging in 
such pre-operational build-out and testing, an MSS licensee must notify 
the Commission concerning the initiation of MSS system satellite 
construction and the MSS operator's intent to construct and test ATC 
facilities. This notification must take the form of a letter formally 
filed with the Commission in the appropriate MSS license docket. Such 
letter shall specify the frequencies on which the MSS licensee proposes 
to engage in pre-operational testing and shall specify the name, 
address, telephone number and other such information as may be necessary 
to contact a MSS licensee representative for the reporting and 
mitigation of any interference that may occur as a result of such pre-
operational testing and build-out. MSS licensees engaging in pre-
operational build-out and testing must also comply with Sec. Sec. 5.83, 
5.85(c), 5.111, and 5.117 of this chapter relating to experimental 
operations. An MSS licensee may not offer ATC service to the public for 
compensation during pre-operational testing. In order to operate any ATC 
base stations, such a licensee must meet all the requirements set forth 
in Sec. 25.149 and must have been granted ATC authority.
    (k) Aircraft. ATC mobile terminals must be operated in accordance 
with 25.136(a). All portable or hand-held transceiver units (including 
transceiver units installed in other devices that are themselves 
portable or hand-held) having operating capabilities in the 2000-2020/
2180-2200 MHz or 1610-1626.5 MHz/2483.5-2500 MHz bands shall bear the 
following statement in a conspicuous location on the device: ``This 
device may not be operated while on board aircraft. It must be turned 
off at all times while on board aircraft.''

[59 FR 53328, Oct. 21, 1994, as amended at 61 FR 9945, Mar. 12, 1996; 62 
FR 5930, Feb. 10, 1997; 65 FR 59143, Oct. 4, 2000; 68 FR 33649, June 5, 
2003; 68 FR 47858, Aug. 12, 2003; 68 FR 51504, Aug. 27, 2003; 70 FR 
59277, Oct. 12, 2005]



Sec. 25.144  Licensing provisions for the 2.3 GHz satellite digital audio radio service.

    (a) Qualification Requirements:
    (1) [Reserved]
    (2) General Requirements: Each application for a system 
authorization in the satellite digital audio radio service in the 2310-
2360 MHz band shall describe in detail the proposed satellite digital 
audio radio system, setting forth all pertinent technical and 
operational aspects of the system, and the technical, legal, and 
financial qualifications of the applicant. In particular, applicants 
must file information demonstrating compliance with Sec. 25.114 and all 
of the requirements of this section.

[[Page 206]]

    (3) Technical Qualifications: In addition to the information 
specified in paragraph (a)(1) of this section, each applicant shall:
    (i) Demonstrate that its system will, at a minimum, service the 48 
contiguous states of the United States (full CONUS);
    (ii) Certify that its satellite DARS system includes a receiver that 
will permit end users to access all licensed satellite DARS systems that 
are operational or under construction; and
    (iii) Identify the compression rate it will use to transmit audio 
programming. If applicable, the applicant shall identify the compression 
rate it will use to transmit services that are ancillary to satellite 
DARS.
    (b) Milestone requirements. Each applicant for system authorization 
in the satellite digital audio radio service must demonstrate within 10 
days after a required implementation milestone as specified in the 
system authorization, and on the basis of the documentation contained in 
its application, certify to the Commission by affidavit that the 
milestone has been met or notify the Commission by letter that it has 
not been met. At its discretion, the Commission may require the 
submission of additional information (supported by affidavit of a person 
or persons with knowledge thereof) to demonstrate that the milestone has 
been met. The satellite DARS milestones are as follows, based on the 
date of authorization:
    (1) One year: Complete contracting for construction of first space 
station or begin space station construction;
    (2) Two years: If applied for, complete contracting for construction 
of second space station or begin second space station construction;
    (3) Four years: In orbit operation of at least one space station; 
and
    (4) Six years: Full operation of the satellite system.
    (c) Reporting requirements. All licensees of satellite digital audio 
radio service systems shall, on June 30 of each year, file a report with 
the International Bureau and the Commission's Laurel, Maryland field 
office containing the following information:
    (1) Status of space station construction and anticipated launch 
date, including any major problems or delay encountered;
    (2) A listing of any non-scheduled space station outages for more 
than thirty minutes and the cause(s) of such outages; and
    (3) Identification of any space station(s) not available for service 
or otherwise not performing to specifications, the cause(s) of these 
difficulties, and the date any space station was taken out of service or 
the malfunction identified.
    (d) The license term for each digital audio radio service satellite 
shall commence when the satellite is launched and put into operation and 
the term will run for eight years.

[62 FR 11105, Mar. 11, 1997, as amended at 68 FR 51504, Aug. 27, 2003; 
70 FR 32254, June 2, 2005]



Sec. 25.145  Licensing conditions for the Fixed-Satellite Service in the 20/30 GHz bands.

    (a) Except as provided in Sec. 25.210(b), in general all rules 
contained in this part apply to Fixed-Satellite Service in the 20/30 GHz 
bands.
    (b) System License. Applicants authorized to construct and launch a 
system of technically identical non-geostationary satellite orbit 
satellites will be awarded a single ``blanket'' license covering a 
specified number of space stations to operate in a specified number of 
orbital planes.
    (c) In addition to providing the information specified in Sec. 
25.114, each non-geostationary satellite orbit applicant shall 
demonstrate the following:
    (1) That the proposed system be capable of providing fixed-satellite 
services to all locations as far north as 70 deg. latitude and as far 
south as 55 deg. latitude for at least 75% of every 24-hour period; and
    (2) That the proposed system is capable of providing fixed-satellite 
services on a continuous basis throughout the fifty states, Puerto Rico 
and the U.S. Virgin Islands, U.S.
    (3) [Reserved]
    (d) [Reserved]
    (e) Prohibition of certain agreements. No license shall be granted 
to any applicant for a space station in the fixed-satellite service 
operating in the 20/30

[[Page 207]]

GHz band if that applicant, or any persons or companies controlling or 
controlled by the applicant, shall acquire or enjoy any right, for the 
purpose of handling traffic to or from the United States, its 
territories or possession, to construct or operate space segment or 
earth stations, or to interchange traffic, which is denied to any other 
United States company by reason of any concession, contract, 
understanding, or working arrangement to which the Licensee or any 
persons or companies controlling or controlled by the Licensee are 
parties.
    (f)(1) Reporting Requirements. All licensees in the 20/30 GHz band 
shall, on June 30 of each year, file a report with the International 
Bureau and the Commission's Columbia Operations Center, 9200 Farm House 
Lane, Columbia, MD 21046 containing the following information:
    (i) Status of space station construction and anticipated launch 
date, including any major problems or delay encountered;
    (ii) A listing of any non-scheduled space station outages for more 
than thirty minutes and the cause(s) of such outages; and
    (iii) Identification of any space station(s) not available for 
service or otherwise not performing to specifications, the cause(s) of 
these difficulties, and the date any space station was taken out of 
service or the malfunction identified.
    (iv) All operators of NGSO FSS systems in the 18.8-19.3 GHz and 
28.6-29.1 GHz bands shall, within 10 days after a required 
implementation milestone as specified in the system authorization 
certify to the Commission by affidavit that the milestone has been met 
or notify the Commission by letter that it has not been met. At its 
discretion, the Commission may require the submission of additional 
information (supported by affidavit of a person or person with knowledge 
thereof) to demonstrate that the milestone has been met. Failure to file 
a timely certification of milestones, or filing disclosure of non-
compliance, will result in automatic cancellation of the authorization 
with no further action required on the Commission's part.
    (2) Licensees shall submit to the Commission a yearly report 
indicating the number of earth stations actually brought into service 
under its blanket licensing authority. The annual report is due to the 
Commission no later than the first day of April of each year and shall 
indicate the deployment figures for the preceding calendar year.
    (g) Policy governing the relocation of terrestrial services from the 
18.3 to 19.3 GHz band. Frequencies in the 18.3-19.3 GHz band listed in 
parts 21, 74, 78, and 101 of this chapter have been reallocated for 
primary use by the Fixed-Satellite Service, subject to various 
provisions for the existing terrestrial licenses. Fixed-Satellite 
Service operations are not entitled to protection from the co-primary 
operations until after the period during which terrestrial stations 
remain co-primary has expired. (see Sec. Sec. 21.901(e), 74.502(c), 
74.602(g), 78.18(a)(4), and 101.147(r) of this chapter).
    (h) Replacement of Space Stations within the System License Term. 
Licensees of NGSO FSS systems in the 18.8-19.3 GHz and 28.6-29.1 GHz 
frequency bands authorized through a blanket license pursuant to 
paragraph (b) of this section need not file separate applications to 
launch and operate technically identical replacement satellites within 
the term of the system authorization. However, the licensee shall 
certify to the Commission, at least thirty days prior to launch of such 
replacement(s) that:
    (1) The licensee intends to launch a space station into the 
previously-authorized orbit that is technically identical to those 
authorized in its system authorization and
    (2) Launch of this space station will not cause the license to 
exceed the total number of operating space stations authorized by the 
Commission.
    (i) In-Orbit Spares. Licensees need not file separate applications 
to operate technically identical in-orbit spares authorized as part of 
the blanket license pursuant to paragraph (b) of this section. However, 
the licensee shall certify to the Commission, within 10 days of bringing 
the in-orbit spare into operation, that operation of this space station 
did not cause the licensee to exceed the total number of operating

[[Page 208]]

space stations authorized by the Commission.

[62 FR 61456, Nov. 18, 1997, as amended at 65 FR 54171, Sept. 7, 2000; 
66 FR 63515, Dec. 7, 2001; 67 FR 39310, June 7, 2002; 68 FR 16966, Apr. 
8, 2003; 68 FR 51505, Aug. 27, 2003; 68 FR 59129, Oct. 14, 2003; 70 FR 
59277, Oct. 12, 2005]



Sec. 25.146  Licensing and operating authorization provisions for the 
non-geostationary satellite orbit fixed-satellite service (NGSO FSS) in the bands 10.7 

          GHz to 14.5 GHz.

    (a) A comprehensive technical showing shall be submitted for the 
proposed non-geostationary satellite orbit fixed-satellite service (NGSO 
FSS) system in the bands 10.7 GHz to 14.5 GHz. The technical information 
shall demonstrate that the proposed NGSO FSS system would not exceed the 
validation equivalent power flux-density (EPFD) limits as specified in 
Sec. 25.208 (g), (k), and (l) for EPFDdown, and 
EPFDup. If the technical demonstration exceeds the validation 
EPFD limits at any test points within the U.S. for domestic service and 
at any points outside of the U.S. for international service or at any 
points in the geostationary satellite orbit, as appropriate, the 
application would be unacceptable for filing and will be returned to the 
applicant with a brief statement identifying the non-compliance 
technical demonstration. The technical showing consists of the 
following:
    (1) Single-entry validation equivalent power flux-density, in the 
space-to-Earth direction, (EPFDdown) limits. (i) Provide a set of power 
flux-density (pfd) masks, on the surface of the Earth, for each space 
station in the NGSO FSS system. The pfd masks shall be generated in 
accordance with the specification stipulated in the ITU-R Recommendation 
BO.1503, ``Functional Description to be used in Developing Software 
Tools for Determining Conformity of Non-GSO FSS Networks with Limits 
Contained in Article S22 of the Radio Regulations.'' In particular, the 
pfd mask must encompass the power flux-density radiated by the space 
station regardless of the satellite transmitter power resource 
allocation and traffic/beam switching strategy that are used at 
different periods of a NGSO FSS system life. The pfd masks shall also be 
in an electronic form that can be accessed by the computer program 
contained in paragraph (a)(1)(iii) of this section.
    (ii) Identify and describe in detail the assumptions and conditions 
used in generating the power flux-density masks.
    (iii) If a computer program that has been approved by the ITU for 
determining compliance with the single-entry EPFDdown 
validation limits is not yet available, the applicant shall provide a 
computer program for the single-entry EPFDdown validation 
computation, including both the source code and the executable file. 
This computer program shall be developed in accordance with the 
specification stipulated in Recommendation ITU-R S.1503 (2000). If the 
applicant uses the ITU approved software, the applicant shall indicate 
the program name and the version used.
    (iv) Identify and describe in detail the necessary input parameters 
for the execution of the computer program identified in paragraph 
(a)(1)(iii) of this section.
    (v) Provide the result, the cumulative probability distribution 
function of EPFD, of the execution of the computer program described in 
paragraph (a)(1)(iii) of this section by using only the input parameters 
contained in paragraphs (a)(1)(i) and (a)(1)(iv) of this section.
    (2) Single-entry validation equivalent power flux-density, in the 
Earth-to-space direction, EPFDup limits. (i) Provide a set of NGSO FSS 
earth station maximum equivalent isotropically radiated power (e.i.r.p.) 
mask as a function of the off-axis angle generated by a NGSO FSS earth 
station. The maximum e.i.r.p. mask shall be generated in accordance with 
the specification stipulated in the ITU-R Recommendation BO.1503. In 
particular, the results of calculations encompass what would be radiated 
regardless of the earth station transmitter power resource allocation 
and traffic/beam switching strategy are used at different periods of a 
NGSO FSS system life. The e.i.r.p. masks shall also be in an electronic 
form that can be accessed by the computer program contained in paragraph 
(a)(2)(iii) of this section.
    (ii) Identify and describe in detail the assumptions and conditions 
used in

[[Page 209]]

generating the maximum earth station e.i.r.p. mask.
    (iii) If a computer program that has been approved by the ITU for 
determining compliance with the single-entry EPFDup 
validation limits is not yet available, the applicant shall provide a 
computer program for the single-entry EPFDup validation 
computation, including both the source code and the executable file. 
This computer program shall be developed in accordance with the 
specification stipulated in Recommendation ITU-R S.1503 (2000). If the 
applicant uses the ITU approved software, the applicant shall indicate 
the program name and the version used.
    (iv) Identify and describe in detail the necessary input parameters 
for the execution of the computer program identified in paragraph 
(a)(2)(iii) of this section.
    (v) Provide the result of the execution of the computer program 
described in paragraph (a)(2)(iii) of this section by using only the 
input parameters contained in paragraphs (a)(2)(i) and (a)(2)(iv) of 
this section.
    (b) Ninety days prior to the initiation of service to the public, 
the NGSO FSS system licensee shall submit a comprehensive technical 
showing for the non-geostationary satellite orbit fixed-satellite 
service (NGSO FSS) system in the bands 10.7 GHz to 14.5 GHz. The 
technical information shall demonstrate that the NGSO FSS system is 
expected not to operate in excess of the additional operational 
EPFDdown limits and the operational EPFDdown 
limits as specified in Sec. 25.208 (i), (j) and notes 2 and 3 to the 
table in paragraph (l). If the technical demonstration exceeds the 
additional operational EPFDdown limits or the operational 
EPFDdown limits at any test points with the U.S. for domestic 
service and at any test points out side of the U.S. for international 
service, the NGSO FSS system licensee shall not initiate service to the 
public until the deficiency has been rectified by reducing satellite 
transmission power or other adjustments. This must be substantiated by 
subsequent technical showings. The technical showings consist of the 
following:
    (1) Single-entry additional operational equivalent power flux-
density, in the space-to-Earth direction, (additional operational 
EPFDdown) limits. (i) Provide a set of anticipated operational power 
flux-density (pfd) masks, on the surface of the Earth, for each space 
station in the NGSO FSS system. The anticipated operational power flux-
density masks could be generated by using the method specified in ITU-R 
Recommendation BO.1503. In particular, the anticipated operational pfd 
mask shall take into account the expected maximum traffic loading 
distributions and geographic specific scheduling of the actual measured 
space station antenna patterns (see Sec. 25.210(k)). The anticipated 
operational power flux-density masks shall also be in an electronic form 
that can be accessed by the computer program contained in paragraph 
(b)(1)(iii) of this section.
    (ii) Identify and describe in detail the assumptions and conditions 
used in generating the anticipated operational power flux-density masks.
    (iii) Provide a computer program for the single-entry additional 
operational EPFDdown verification computation, including both 
the source code and the executable file. This computer program could be 
developed by using the method specified in ITU-R Recommendation BO.1503.
    (iv) Identify and describe in detail the necessary input parameters 
for the execution of the additional operational EPFDdown 
verification computer program identified in paragraph (b)(1)(iii) of 
this section.
    (v) Provide the result, the cumulative probability distribution 
function of EPFD, of the execution of the verification computer program 
described in paragraph (b)(1)(iii) of this section by using only the 
input parameters contained in paragraphs (b)(1)(i) and (b)(1)(iv) of 
this section for each of the submitted test points provided by the 
Commission. These test points are based on information from U.S.-
licensed geostationary satellite orbit fixed-satellite service and 
broadcast satellite service operators in the bands 10.7 GHz to 14.5 GHz. 
Each U.S.-licensed geostationary satellite orbit fixed satellite service 
and broadcast satellite service operator in the bands 10.7 GHz

[[Page 210]]

to 14.5 GHz may submit up to 10 test points for this section containing 
the latitude, longitude, altitude, azimuth, elevation angle, antenna 
size, efficiency to be used by non-geostationary satellite orbit fixed-
satellite service licensees in the bands 10.7 GHz to 14.5 GHz during the 
upcoming year.
    (2) Operational equivalent power flux-density, space-to-Earth 
direction, (operational EPFDdown) limits. Using the 
information contained in (b)(1) of this section plus the measured space 
station antenna patterns, provide the result of the execution of the 
computer simulation for the anticipated in-line operational 
EPFDdown levels for each of the submitted test points 
provided by the Commission. Submitted test points are based on inputs 
from U.S.-licensed geostationary satellite orbit fixed-satellite service 
and broadcast satellite service operators in the bands 10.7 GHz to 14.5 
GHz. Each U.S.-licensed geostationary satellite orbit fixed-satellite 
service and broadcast satellite service operator in the bands 10.7 GHz 
to 14.5 GHz may submit up to 10 test points for this section containing 
the latitude, longitude, altitude, azimuth, elevation angle, antenna 
size, efficiency to be used by non-geostationary satellite orbit fixed-
satellite service licensees in the bands 10.7 GHz to 14.5 GHz during the 
upcoming year.
    (c) The NGSO FSS system licensee shall, on June 30 of each year, 
file a report with the International Bureau and the Commission's 
Columbia Operations Center in Columbia, Maryland, certifying that the 
system continues to operate within the bounds of the masks and other 
input parameters specified under 25.146(a) and 25.146(b) as well as 
certifying the status of the additional operational EPFDdown 
levels into the 3 m and 10 m geostationary satellite orbit fixed-
satellite service receiving Earth station antennas, the operational 
EPFDdown levels into the 3 m, 4.5 m, 6.2 m and 10 m 
geostationary satellite orbit fixed-satellite service receiving Earth 
station antennas and the operational EPFDdown levels into the 
180 cm geostationary satellite orbit broadcast satellite service 
receiving Earth station antennas in Hawaii and 240 cm geostationary 
satellite orbit broadcast satellite service receiving Earth station 
antennas in Alaska.
    (d) The Commission may request at any time additional information 
from the NGSO FSS system applicant or licensee concerning the EPFD 
levels and the related technical showings.
    (e) A NGSO FSS system licensee operating a system in compliance with 
the limits specified in Sec. 25.208 (g), (i), (j), (k), (l) and (m) 
shall be considered as having fulfilled its obligations under ITU Radio 
Regulations provision S22.2 with respect to any GSO network. However, 
such NGSO FSS system shall not claim protection from GSO FSS and BSS 
networks operating in accordance with this part 25 or part 100 of this 
chapter, respectively, and the ITU Radio Regulations.
    (f) Coordination will be required between NGSO FSS systems and GSO 
FSS earth stations in the frequency band 10.7-12.75 GHz when all of the 
following threshold conditions are met:
    (1) Bandwidth overlap; and
    (2) The satellite network using the GSO has specific receive earth 
stations which meet all of the following conditions: earth station 
antenna maximum isotropic gain greater than or equal to 64 dBi; G/T of 
44 dB/K or higher; and emission bandwidth of 250 MHz; and the 
EPFDdown radiated by the satellite system using the NGSO into 
the GSO specific receive earth station, either within the U.S. for 
domestic service or any points outside the U.S. for international 
service, as calculated using the ITU software for examining compliance 
with EPFD limits set forth in Article 22 of the ITU Radio Regulations 
exceeds -174.5 dB(W/(m2/40kHz)) for any percentage of time for NGSO 
systems with all satellites only operating at or below 2500 km altitude, 
or -202 dB(W/(m2/40kHz)) for any percentage of time for NGSO systems 
with any satellites operating above 2500 km altitude.
    (3) If there is no ITU software for examining compliance with EPFD 
limits set forth in Article 22 of the ITU Radio Regulations, then the 
EPFDdown coordination trigger is suspended and the 
requirement for coordination will be based on bandwidth overlap and the 
satellite network using the GSO has specific receive earth stations 
which

[[Page 211]]

meet all of the following conditions: earth station antenna maximum 
isotropic gain greater than or equal to 64 dBi; G/T of 44 dB/K or 
higher; and emission bandwidth of 250 MHz.
    (g) Operational power flux density, space-to-Earth direction, 
limits. Ninety days prior to the initiation of service to the public, 
the NGSO FSS system licensee shall submit a technical showing for the 
NGSO FSS system in the band 12.2-12.7 GHz. The technical information 
shall demonstrate that the NGSO FSS system is capable of meeting the 
limits as specified in Sec. 25.208(o). Licensees may not provide 
service to the public if they fail to demonstrate compliance with the 
PFD limits.
    (h) System License. Applicants authorized to construct and launch a 
system of technically identical non-geostationary satellite orbit fixed 
satellite service satellites will be awarded a single ``blanket'' 
license covering a specified number of space stations to operate in a 
specified number of orbital planes.
    (i) In addition to providing the information specified in Sec. 
25.114, each NGSO FSS applicant shall provide the following:
    (1) A demonstration that the proposed system is capable of providing 
fixed-satellite services on a continuous basis throughout the fifty 
states, Puerto Rico and the U.S. Virgin Islands, U.S.; and
    (2) A demonstration that the proposed system be capable of providing 
fixed-satellite services to all locations as far north as 70 deg. 
latitude and as far south as 55 deg. latitude for at least 75 percent of 
every 24-hour period; and
    (3) Sufficient information on the NGSO FSS system characteristics to 
properly model the system in computer sharing simulations, including, at 
a minimum, NGSO hand-over and satellite switching strategies, NGSO 
satellite beam patterns, NGSO satellite antenna patterns and NGSO earth 
station antenna patterns. In particular, each NGSO FSS applicant must 
explain the switching protocols it uses to avoid transmitting while 
passing through the geostationary satellite orbit arc, or provide an 
explanation as to how the power-flux density limits in Sec. 25.208 are 
met without using geostationary satellite orbit arc avoidance. In 
addition, each NGSO FSS applicant must provide the orbital parameters 
contained in Section A.3 of Annex 1 to Resolution 46. Further, each NGSO 
FSS applicant must provide a sufficient technical showing to demonstrate 
that the proposed non-geostationary satellite orbit system meets the 
power-flux density limits contained in Sec. 25.208, as applicable, and
    (4) [Reserved]
    (j) [Reserved]
    (k) Implementation Milestone Schedule. Each NGSO FSS licensee in the 
10.7-12.7 GHz, 12.75-13.25 GHz and 13.75-14.5 GHz frequency bands will 
be required to enter into a non-contingent satellite manufacturing 
contract for the system within one year of authorization, to complete 
critical design review within two years of authorization, to begin 
physical construction of all satellites in the system within two and a 
half years of authorization, to complete construction and launch of the 
first two satellites within three and a half years of grant, and to 
launch and operate its entire authorized system within six years of 
authorization. Each NGSO FSS licensee in the 10.7-12.7 GHz, 12.75-13.25 
GHz and 13.75-14.5 GHz frequency bands must submit certifications of 
milestone compliance within 10 days following a milestone specified in 
its authorization.
    (l) Reporting Requirements. All NGSO FSS licensees in the 10.7-12.7 
GHz, 12.75-13.25 GHz and 13.75-14.5 GHz frequency bands shall, on June 
30th of the first year following launch of the first two space stations 
in their system, and annually thereafter, file a report with the 
International Bureau and the Commission's Laurel, Maryland field office 
containing the following information:
    (1) Status of space station construction and anticipated launch 
date, including any major problems or delay encountered;
    (2) Identification of any space station(s) not available for service 
or otherwise not performing to specifications, the cause(s) of these 
difficulties, and the date any space station was taken out of service or 
the malfunction identified.

[[Page 212]]

    (m) Replacement of Space Stations within the System License Term. 
Licensees of NGSO FSS systems in the 10.7-12.7 GHz, 12.75-13.25 GHz and 
13.75-14.5 GHz frequency bands authorized through a blanket license 
pursuant to paragraph (g) of this section need not file separate 
applications to launch and operate technically identical replacement 
satellites within the term of the system authorization. However, the 
licensee shall certify to the Commission, at least thirty days prior to 
launch of such replacement(s) that:
    (1) The licensee intends to launch a space station into the 
previously-authorized orbit that is technically identical to those 
authorized in its system authorization and
    (2) Launch of this space station will not cause the licensee to 
exceed the total number of operating space stations authorized by the 
Commission.
    (n) In-Orbit Spares. Licensees need not file separate applications 
to operate technically identical in-orbit spares authorized as part of 
the blanket license pursuant to paragraph (g) of this section. However, 
the licensee shall certify to the Commission, within 10 days of bringing 
the in-orbit spare into operation, that operation of this space station 
did not cause the licensee to exceed the total number of operating space 
stations authorized by the Commission.

[66 FR 10619, Feb. 16, 2001, as amended at 67 FR 53510, Aug. 16, 2002; 
68 FR 16447, Apr. 4, 2003; 68 FR 43946, July 25, 2003; 68 FR 51505, Aug. 
27, 2003; 69 FR 31302, June 3, 2004; 70 FR 59277, Oct. 12, 2005]

    Effective Date Note: At 68 FR 43946, July 25, 2003, Sec. 25.146 was 
amended by redesignating paragraphs (g) through (m) as paragraphs (h) 
through (n) and by adding a new paragraph (g). 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. 25.147  Licensing provision for NGSO MSS feeder downlinks in the band 6700-6875 MHz.

    If an NGSO MSS satellite transmitting in the band 6700-6875 MHz 
causes harmful interference to previously licensed co-frequency Public 
Safety facilities, then that satellite licensee is obligated to remedy 
the interference complaint.

[67 FR 17299, Apr. 10, 2002]



Sec. 25.148  Licensing provisions for the Direct Broadcast Satellite Service.

    (a) License terms. License terms for DBS facilities are specified in 
Sec. 25.121(a).
    (b) Due diligence. (1) All persons granted DBS authorizations shall 
proceed with due diligence in constructing DBS systems. Permittees shall 
be required to complete contracting for construction of the satellite 
station(s) within one year of the grant of the authorization. The 
satellite stations shall also be required to be in operation within six 
years of the authorization grant.
    (2) In addition to the requirements stated in paragraph (b)(1) of 
this section, all persons who receive new or additional DBS 
authorizations after January 19, 1996 shall complete construction of the 
first satellite in their respective DBS systems within four years of 
grant of the authorization. All satellite stations in such a DBS system 
shall be in operation within six years of the grant of the 
authorization.
    (3) DBS licensees shall be required to proceed consistent with all 
applicable due diligence obligations, unless otherwise determined by the 
Commission upon proper showing in any particular case. Transfer of 
control of the authorization shall not be considered to justify 
extension of these deadlines.
    (c) Geographic service requirements. Those entities acquiring DBS 
authorizations after January 19, 1996, or who after January 19, 1996 
modify a previous DBS authorization to launch a replacement satellite, 
must provide DBS service to Alaska and Hawaii where such service is 
technically feasible from the authorized orbital location. This 
requirement does not apply to DBS satellites authorized to operate at 
the 61.5[deg] W.L. orbital location. DBS applicants seeking to operate 
from locations other than 61.5[deg] W.L. who do not provide service to 
Alaska and Hawaii, must provide technical analyses to the Commission 
demonstrating that such service is not feasible as a technical matter, 
or that while technically feasible such services would require so

[[Page 213]]

many compromises in satellite design and operation as to make it 
economically unreasonable.
    (d) DBS subject to competitive bidding. Mutually exclusive initial 
applications to provide DBS are subject to competitive bidding 
procedures. The general competitive bidding procedures set forth in part 
1, subpart Q of this chapter will apply unless otherwise provided in 
this part.
    (e) DBS long form application. Winning bidders are subject to the 
provisions of Sec. 1.2107 of this chapter except that in lieu of a FCC 
Form 601 each winning bidder shall submit the long-form satellite 
service application (FCC Form 312) within thirty (30) days after being 
notified by Public Notice that it is the winning bidder. Each winning 
bidder will also be required to submit by the same deadline the 
information described in Sec. 25.215 (Technical) and Sec. 25.601 
(EEO), and in paragraph (f) of this section. Each winner also will be 
required to file, by the same deadline, a signed statement describing 
its efforts to date and future plans to come into compliance with any 
applicable spectrum limitations, if it is not already in compliance. 
Such information shall be submitted pursuant to the procedures set forth 
in Sec. 25.114 and any associated Public Notices.
    (f) Technical qualifications. DBS operations must be in accordance 
with the sharing criteria and technical characteristics contained in 
Appendices 30 and 30A of the ITU's Radio Regulations. Operation of 
systems using differing technical characteristics may be permitted, with 
adequate technical showing, and if a request has been made to the ITU to 
modify the appropriate Plans to include the system's technical 
parameters.

[67 FR 51113, Aug. 7, 2002]



Sec. 25.149  Application requirements for ancillary terrestrial components 
in the mobile-satellite service networks operating in the 1.5./1.6 GHz, 1.6/2.4 GHz 

          and 2 GHz mobile-satellite service.

    (a) Applicants for ancillary terrestrial component authority shall 
demonstrate that the applicant does or will comply with the following 
through certification or explanatory technical exhibit, as appropriate:
    (1) ATC shall be deployed in the forward-band mode of operation 
whereby the ATC mobile terminals transmit in the MSS uplink bands and 
the ATC base stations transmit in the MSS downlink bands in portions of 
the 2000-2020 MHz/2180-2200 MHz bands (2 GHz band), the 1626.5-1660.5 
MHz/1525-1559 MHz bands (L-band), and the 1610-1626.5 MHz/2483.5-2500 
MHz bands (Big LEO band).

    Note to paragraph (a)(1): An L-band MSS licensee is permitted to 
apply for ATC authorization based on a non-forward-band mode of 
operation provided it is able to demonstrate that the use of a non-
forward-band mode of operation would produce no greater potential 
interference than that produced as a result of implementing the rules of 
this section.

    (2) ATC operations shall be limited to certain frequencies:
    (i) In the 2000-2020 MHz/2180-2200 MHz bands (2 GHz MSS band), ATC 
operations are limited to the selected assignment of the 2 GHz MSS 
licensee that seeks ATC authority.
    (ii) In the 1626.5-1660.5 MHz/1525-1559 MHz bands (L-band), ATC 
operations are limited to the frequency assignments authorized and 
internationally coordinated for the MSS system of the MSS licensee that 
seeks ATC authority.
    (iii) In the 1610-1626.5 MHz/2483.5-2500 MHz bands (Big LEO bands), 
ATC operations are limited to the 1610-1615.5 MHz, 1621.35-1626.5 MHz, 
and 2487.5-2493.0 MHz bands and to the specific frequencies authorized 
for use by the MSS licensee that seeks ATC authority.
    (3) ATC operations shall not exceed the geographical coverage area 
of the mobile satellite service network of the applicant for ATC 
authority.
    (4) ATC base stations shall comply with all applicable antenna and 
structural clearance requirements established in part 17 of this 
chapter.
    (5) ATC base stations and mobile terminals shall comply with part 1 
of this chapter, Subpart I--Procedures Implementing the National 
Environmental

[[Page 214]]

Policy Act of 1969, including the guidelines for human exposure to radio 
frequency electromagnetic fields as defined in Sec. Sec. 1.1307(b) and 
1.1310 of this chapter for PCS networks.
    (6) ATC base station operations shall use less than all available 
MSS frequencies when using all available frequencies for ATC base 
station operations would exclude otherwise available signals from MSS 
space-stations.
    (b) Applicants for an ancillary terrestrial component shall 
demonstrate that the applicant does or will comply with the following 
criteria through certification:
    (1) Geographic and temporal coverage. (i) For the 2 GHz MSS band, an 
applicant must demonstrate that it can provide space-segment service 
covering all 50 states, Puerto Rico, and the U.S. Virgin Islands one-
hundred percent of the time, unless it is not technically possible, 
consistent with the coverage requirements for 2 GHz MSS GSO operators.
    (ii) For the L-band, an applicant must demonstrate that it can 
provide space-segment service covering all 50 states, Puerto Rico, and 
the U.S. Virgin Islands one-hundred percent of the time, unless it is 
not technically possible for the MSS operator to meet the coverage 
criteria from its orbital position.
    (iii) For the Big LEO band, an applicant must demonstrate that it 
can provide space-segment service to all locations as far north as 
70[deg] North latitude and as far south as 55[deg] South latitude for at 
least seventy-five percent of every 24-hour period, i.e., that at least 
one satellite will be visible above the horizon at an elevation angle of 
at least 5[deg] for at least 18 hours each day, and on a continuous 
basis throughout the fifty states, Puerto Rico and the U.S. Virgin 
Islands, i.e., that at least one satellite will be visible above the 
horizon at an elevation angle of at least 5[deg] at all times.
    (2) Replacement satellites. (i) Operational NGSO MSS ATC systems 
shall maintain an in-orbit spare satellite.
    (ii) Operational GSO MSS ATC systems shall maintain a spare 
satellite on the ground within one year of commencing operations and 
launch it into orbit during the next commercially reasonable launch 
window following a satellite failure.
    (iii) All MSS ATC licensees must report any satellite failures, 
malfunctions or outages that may require satellite replacement within 
ten days of their occurrence.
    (3) Commercial availability. Mobile-satellite service must be 
commercially available (viz., offering services for a fee) in accordance 
with the coverage requirements that pertain to each band as a 
prerequisite to an MSS licensee's offering ATC service.
    (4) Integrated services. MSS ATC licensees shall offer an integrated 
service of MSS and MSS ATC. Applicants for MSS ATC may establish an 
integrated service offering by affirmatively demonstrating that:
    (i) The MSS ATC operator will use a dual-mode handset that can 
communicate with both the MSS network and the MSS ATC component to 
provide the proposed ATC service; or
    (ii) Other evidence establishing that the MSS ATC operator will 
provide an integrated service offering to the public.
    (5) In-band operation. (i) In the 2 GHz MSS band, MSS ATC is limited 
to an MSS licensee's selected assignment. MSS ATC operations on 
frequencies beyond the MSS licensee's selected assignment are 
prohibited.
    (ii) In the Big LEO band, MSS ATC is limited to no more than 5.5 MHz 
of spectrum in each direction of operation. Licensees in these bands may 
implement ATC only on those channels on which MSS is authorized, 
consistent with the Big LEO band-sharing arrangement.
    (iii) In the L-band, MSS ATC is limited to those frequency 
assignments available for MSS use in accordance with the Mexico City 
Memorandum of Understanding, its successor agreements or the result of 
other organized efforts of international coordination.
    (c) Equipment certification. (1) Each ATC MET utilized for operation 
under this part and each transmitter marketed, as set forth in Sec. 
2.803 of this chapter, must be of a type that has been authorized by the 
Commission under its certification procedure for use under this part.

[[Page 215]]

    (2) Any manufacturer of radio transmitting equipment to be used in 
these services may request equipment authorization following the 
procedures set forth in subpart J of part 2 of this chapter. Equipment 
authorization for an individual transmitter may be requested by an 
applicant for a station authorization by following the procedures set 
forth in part 2 of this chapter.
    (3) Licensees and manufacturers are subject to the radiofrequency 
radiation exposure requirements specified in Sec. Sec. 1.1307(b), 
2.1091 and 2.1093 of this chapter, as appropriate. MSS ATC base stations 
must comply with the requirements specified in Sec. 1.1307(b) of this 
chapter for PCS base stations. MSS ATC mobile terminals must comply with 
the requirements specified for mobile and portable PCS transmitting 
devices in Sec. 1.1307(b) of this chapter. MSS ATC mobile terminals 
must also comply with the requirements in Sec. Sec. 2.1091 and 2.1093 
of this chapter for Satellite Communications Services devices. 
Applications for equipment authorization of mobile or portable devices 
operating under this section must contain a statement confirming 
compliance with these requirements for both fundamental emissions and 
unwanted emissions. Technical information showing the basis for this 
statement must be submitted to the Commission upon request.
    (d) Applicants for an ancillary terrestrial component authority 
shall demonstrate that the applicant does or will comply with the 
provisions of Sec. Sec. 1.924 and 25.203(e) through 25.203(g) and with 
Sec. Sec. 25.252, 25.253, or 25.254, as appropriate, through 
certification or explanatory technical exhibit.
    (e) Except as provided for in paragraph (f) of this section, no 
application for an ancillary terrestrial component shall be granted 
until the applicant has demonstrated actual compliance with the 
provisions of paragraph (b) of this section. Upon receipt of ATC 
authority, all ATC licensees must ensure continued compliance with this 
section and Sec. Sec. 25.252, 25.253, or 25.254, as appropriate.
    (f) Special provision for operational MSS systems. Applicants for 
MSS ATC authority with operational MSS systems that are in actual 
compliance with the requirements prescribed in paragraphs (b)(1), 
(b)(2), and (b)(3) of this section at the time of application may elect 
to satisfy the requirements of paragraphs (b)(4) and (b)(5) of this 
section prospectively by providing a substantial showing in its 
certification regarding how the applicant will comply with the 
requirements of paragraphs (b)(4) and (b)(5) of this section. 
Notwithstanding Sec. 25.117(f) and paragraph (e) of this section, the 
Commission may grant an application for ATC authority based on such a 
prospective substantial showing if the Commission finds that operations 
consistent with the substantial showing will result in actual compliance 
with the requirements prescribed in paragraphs (b)(4) and (b)(5) of this 
section. An MSS ATC applicant that receives a grant of ATC authority 
pursuant to this paragraph (f) shall notify the Commission within 30 
days once it begins providing ATC service. This notification must take 
the form of a letter formally filed with the Commission in the 
appropriate MSS license docket and shall contain a certification that 
the MSS ATC service is consistent with its ATC authority.

[68 FR 47859, Aug. 12, 2003, as amended at 69 FR 48162, Aug. 9, 2004; 70 
FR 19318, Apr. 13, 2005]

                       Processing of Applications



Sec. 25.150  Receipt of applications.

    Applications received by the Commission are given a file number and 
(domestic only) a unique station identifier for administrative 
convenience. Neither the assignment of a file number and/or other 
identifier nor the listing of the application on public notice as 
received 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 accordance with 
the Commission's rules.



Sec. 25.151  Public notice period.

    (a) At regular intervals, the Commission will issue public notices 
listing:
    (1) The receipt of applications for new station authorizations;
    (2) The receipt of applications for license or registration of 
receive-only earth stations;

[[Page 216]]

    (3) The receipt of applications for major modifications to station 
authorizations;
    (4) The receipt of major amendments to pending applications;
    (5) The receipt of applications to assign or transfer control of 
space station facilities, transmitting earth station facilities, or 
international receive-only earth station facilities;
    (6) Significant Commission actions regarding applications;
    (7) Information which the Commission in its discretion believes to 
be of public significance; and
    (8) Special environmental considerations as required by part 1 of 
this chapter.
    (b) Special public notices may also be issued at other times under 
special circumstances involving non-routine matters where speed is of 
the essence and efficiency of Commission process will be served thereby.
    (c) A public notice will not normally be issued for receipt of any 
of the following applications:
    (1) For authorization of a minor technical change in the facilities 
of an authorized station;
    (2) For temporary authorization pursuant to Sec. 25.120.
    (3) For an authorization under any of the proviso clauses of section 
308(a) of the Communications Act of 1934, as amended [47 U.S.C. 308(a)];
    (4) For consent to an involuntary assignment or transfer of control 
of a transmitting earth station authorization; or
    (5) For consent to an assignment or transfer of control of a space 
station authorization or a transmitting earth station authorization, 
where the assignment or transfer does not involve a substantial change 
in ownership or control; or
    (6) For change in location of an earth station operating in the 4/6 
GHz and 10.95-11.7 GHz bands by no more than 1[sec] in latitude and/or 
longitude and for change in location of an earth station operating in 
the 12/14 GHz bands by no more than 10[sec] in latitude and/or 
longitude.
    (d) Except as specified in paragraph (e) of this section, 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. 
Any comments or petitions must be delivered to the Commission by that 
date in accordance with Sec. 25.154.
    (e)(1) Applicants seeking authority to operate a temporary fixed 
earth station pursuant to Sec. 25.277 may consider their applications 
``provisionally granted,'' and may initiate operations upon the 
placement of the complete FCC Form 312 application on public notice, 
provided that
    (i) The temporary fixed earth station will operate only in the 
conventional Ku-band (14.0-14.5 GHz and 11.7-12.2 GHz bands);
    (ii) The temporary fixed earth station's operations will be 
consistent with all routine-licensing requirements for the conventional 
Ku-band; and
    (iii) The temporary fixed earth station's operations will be limited 
to satellites on the Permitted Space Station List.
    (2) Applications for authority granted pursuant to paragraph (e)(1) 
of this section shall be placed on public notice pursuant to paragraph 
(a)(1) of this section. If no comments or petitions are filed within 30 
days of the public notice date, the authority granted will be considered 
a regular temporary fixed earth station authorization as of 30 days 
after the public notice date. If a comment or petition is filed within 
30 days of the public notice date, the applicant must suspend operations 
immediately pending resolution of the issues raised in that comment or 
petition.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68061, Dec. 23, 1993; 70 
FR 32254, June 2, 2005]



Sec. 25.152  Dismissal and return of applications.

    (a) Any application may be dismissed without prejudice as a matter 
of right if the applicant requests its dismissal prior to final 
Commission action.
    (b) 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 unless the application 
is mutually exclusive pursuant to

[[Page 217]]

Sec. 25.155, in which case it will be dismissed with prejudice.



Sec. 25.153  Repetitious applications.

    (a) Where an application has been denied or dismissed 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 
its successor or assignee, or on behalf of or for the benefit of any of 
the original parties in interest, until after the lapse of 12 months 
from the effective date of the Commission's action. 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 his successor or assignee, or on behalf or for the 
benefit of the original parties in interest, will not be considered 
until the final disposition of the appeal.



Sec. 25.154  Opposition to applications and other pleadings.

    (a) Petitions to deny, petitions for other forms of relief, and 
other objections or comments 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 within thirty (30) days after the date of public notice 
announcing the acceptance for filing of the application or major 
amendment thereto (unless the Commission otherwise extends the filing 
deadline);
    (3) Filed in accordance with the pleading limitations, periods and 
other applicable provisions of Sec. Sec. 1.41 through 1.52 of this 
chapter, except that such petitions must be filed electronically through 
the International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter;
    (4) Contain specific allegations of fact (except for those of which 
official notice may be taken) to support the specific relief requested, 
which shall be supported by affidavit of a person or persons with 
personal knowledge thereof, and which shall be sufficient to demonstrate 
that the petitioner (or respondent) is a party of interest and that a 
grant of, or other Commission action regarding, the application would be 
prima facie inconsistent with the public interest; and
    (5) Contain a certificate of service showing that it has been mailed 
to the applicant no later than the date the pleading is filed with the 
Commission.
    (b) The Commission will classify as informal objections:
    (1) Any pleading not filed in accordance with paragraph (a) of this 
section;
    (2) Any pleading to which the thirty (30) day public notice period 
of Sec. 25.151 does not apply; or
    (3) Any objections to the grant of an application when the 
objections do not conform to either paragraph (a) of this section or to 
other Commission rules and requirements.
    (c) Except for opposition to petitions to deny an application filed 
pursuant to Sec. 25.220, oppositions to petitions to deny an 
application or responses to comments and informal objections regarding 
an application may be filed within 10 days after the petition, comment, 
or objection is filed and must be in accordance with other applicable 
provisions of Sec. Sec. 1.41 through 1.52 of this chapter, except that 
such oppositions must be filed electronically through the International 
Bureau Filing System (IBFS) in accordance with the applicable provisions 
of part 1, subpart Y of this chapter.
    (d) Except for opposition to petitions to deny an application filed 
pursuant to Sec. 25.220, reply comments by the party that filed the 
original petition may be filed with respect to pleadings filed pursuant 
to paragraph (c) of this section within 5 days after the time for filing 
oppositions has expired unless the Commission otherwise extends the 
filing deadline and must be in accordance with other applicable 
provisions of Sec. Sec. 1.41 through 1.52 of this chapter, except that 
such reply comments must be filed electronically through the 
International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter.

[[Page 218]]

    (e) If a petition to deny an application filed pursuant to Sec. 
25.220 is filed, the applicant must file a statement with the Commission 
explaining whether the applicant has resolved all outstanding issues 
raised by the petitioner, within 30 days of the date the petition for 
deny is filed. This statement must be in accordance with the provisions 
of Sec. Sec. 1.41 through 1.52 of this chapter applicable to 
oppositions to petitions to deny, except that such reply comments must 
be filed electronically through the International Bureau Filing System 
(IBFS) in accordance with the applicable provisions of part 1, subpart Y 
of this chapter.

[56 FR 24016, May 28, 1991, as amended at 69 FR 47795, Aug. 6, 2004; 70 
FR 32254, June 2, 2005]



Sec. 25.155  Mutually exclusive applications.

    (a) The Commission will consider applications to be mutually 
exclusive if their conflicts are such that the grant of one application 
would effectively preclude by reason of harmful electrical interference, 
or other practical reason, the grant of one or more other applications.
    (b) An application for an NGSO-like space station license, within 
the meaning of Sec. 25.157, will be entitled to comparative 
consideration with one or more conflicting applications only if:
    (1) The application is mutually exclusive with another NGSO-like 
space station application; and
    (2) The application is received by the Commission in a condition 
acceptable for filing by the ``cut-off'' date specified in a public 
notice.
    (c) An application for a GSO-like space station license, within the 
meaning of Sec. 25.158, will be entitled to comparative consideration 
with one or more conflicting applications only if:
    (1) The application is mutually exclusive with another GSO-like 
space station application; and
    (2) The application is received by the Commission in a condition 
acceptable for filing at the same millisecond as another GSO-like space 
station application with which it is mutually exclusive.

[68 FR 51505, Aug. 27, 2003]



Sec. 25.156  Consideration of applications.

    (a) Applications for a radio station authorization, or for 
modification or renewal of an authorization, will be granted if, upon 
examination of the application, any pleadings or objections filed, and 
upon consideration of such other matters as it may officially notice, 
the Commission finds that the applicant is legally, technically, and 
otherwise qualified, that the proposed facilities and operations comply 
with all applicable rules, regulations, and policies, and that grant of 
the application will serve the public interest, convenience and 
necessity.
    (b) Whenever the Commission grants any application in part, or 
subject to any terms or conditions other than those routinely applied to 
applications of the same type, 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 hearing) in response to a petition for reconsideration which:
    (1) Is filed by the applicant within thirty (30) days from the 
release date of the conditioned grant; and
    (2) Rejects the grant as made and explains the reasons why the 
application should be granted as originally requested.
    (c) Reconsideration or review of any final action taken by the 
Commission will be in accordance with subpart A of part 1 of this 
chapter.
    (d)(1) Applications for NGSO-like satellite systems will be 
considered pursuant to the procedures set forth in Sec. 25.157.
    (2) Applications for GSO-like satellite systems will be considered 
pursuant to the procedures set forth in Sec. 25.158.
    (3) Applications for NGSO-like satellite and GSO-like systems 
employing two or more service bands will be treated like separate 
applications for each service band, and each service band request will 
be considered pursuant to Sec. 25.157 or Sec. 25.158, as appropriate.
    (4) Applications for feeder link authority or intersatellite link 
authority will be treated like an application separate from its 
associated service band. Each feeder link request or intersatellite link 
request will be considered

[[Page 219]]

pursuant to the procedure for GSO-like service or NGSO-like service, as 
applicable.
    (5) In cases where the Commission has not adopted frequency-band 
specific service rules, the Commission will not consider NGSO-like 
applications after it has granted a GSO-like application, and it will 
not consider GSO-like applications after it has granted an NGSO-like 
application, unless and until the Commission establishes NGSO/GSO 
sharing criteria for that frequency band. In the event that the 
Commission receives NGSO-like applications and GSO-like applications at 
the same time, and the Commission has not adopted sharing criteria in 
that band, the Commission will divide the spectrum between GSO-like and 
NGSO-like licensees based on the proportion of qualified GSO-like and 
NGSO-like applicants.
    (6) An application for DBS or DARS services will be entitled to 
comparative consideration with one or more conflicting applications only 
if:
    (i) The application is mutually exclusive with another application; 
and
    (ii) The application is received by the Commission in a condition 
acceptable for filing by the ``cut-off'' date specified in a public 
notice.

[56 FR 24016, May 28, 1991, as amended at 68 FR 51505, Aug. 27, 2003]



Sec. 25.157  Consideration of NGSO-like satellite applications.

    (a) This section specifies the Commission's procedures for 
considering license applications for ``NGSO-like satellite systems.'' 
For purposes of this section, the term ``NGSO-like satellite system'' is 
defined as:
    (1) All NGSO satellite systems, and
    (2) All GSO MSS satellite systems, in which the satellites are 
designed to communicate with earth stations with omni-directional 
antennas.
    (b) Each NGSO-like satellite system application will be reviewed to 
determine whether it is acceptable for filing within the meaning of 
Sec. 25.112. Any application that is not acceptable for filing would be 
returned to the applicant.
    (c) Each NGSO-like satellite system application that is acceptable 
for filing will be reviewed to determine whether it is a ``competing 
application,'' i.e., filed in response to a public notice initiating a 
processing round, or a ``lead application,'' i.e., all other NGSO-like 
satellite system applications.
    (1) Competing applications that are acceptable for filing will be 
placed on public notice to provide interested parties an opportunity to 
file pleadings in response to the application pursuant to Sec. 25.154.
    (2) Lead applications that are acceptable for filing will be placed 
on public notice. This public notice will initiate a processing round, 
establish a cut-off date for competing NGSO-like satellite system 
applications, and provide interested parties an opportunity to file 
pleadings in response to the application pursuant to Sec. 25.154.
    (d) After review of each of the applications in the processing 
round, and all the pleadings filed in response to each application, the 
Commission will grant all the applications that meet the standards of 
Sec. 25.156(a), and deny the other applications.
    (e)(1) In the event that there is insufficient spectrum in the 
frequency band available to accommodate all the qualified applicants in 
a processing round, the available spectrum will be divided equally among 
the licensees whose applications are granted pursuant to paragraph (d) 
of this section, except as set forth in paragraph (e)(2) or (e)(3) of 
this section.
    (2) In cases where there are only one or two applications in a 
processing round granted pursuant to paragraph (d) of this section, each 
applicant will be assigned 1/3 of the available spectrum, and the 
remaining spectrum will be made available to other licensees in an 
additional processing round pursuant to paragraph (c) of this section.
    (3) In cases where there are three or more applications in a 
processing round granted pursuant to paragraph (d) of this section, and 
one or more applicants apply for less spectrum than they would be 
warranted under paragraph (e)(1) of this section, those applicants will 
be assigned the bandwidth amount they requested in their applications. 
In those cases, the remaining qualified applicants will be assigned the 
lesser of the amount of spectrum they requested in their applications 
and the amount spectrum that they

[[Page 220]]

would be assigned if the available spectrum were divided equally among 
the remaining qualified applicants.
    (f)(1) Each licensee will be allowed to select the particular band 
segment it wishes to use no earlier than 60 days before they plan to 
launch the first satellite in its system, and no later than 30 days 
before that date, by submitting a letter to the Secretary of the 
Commission. The licensee shall serve copies of this letter to the other 
participants in the processing round pursuant to Sec. 1.47 of this 
chapter.
    (2) The licensee shall request contiguous bandwidth in both the 
uplink and downlink band. Each licensee's bandwidth selection in both 
the uplink and downlink band shall not preclude other licensees from 
selecting contiguous bandwidth.
    (3) If two or more licensees in a processing round request the same 
band segment, all licensees other than the first one to request that 
particular band segment will be required to make another selection.
    (g)(1) In the event that an applicants' license is cancelled for any 
reason, the Commission will redistribute the bandwidth allocated to that 
applicant equally among the remaining applicants whose licenses were 
granted concurrently with the cancelled license, unless the Commission 
determines that such a redistribution would not result in a sufficient 
number of licensees remaining to make reasonably efficient use of the 
frequency band.
    (2) In the event that the redistribution of bandwidth set forth in 
paragraph (g)(1) of this section would not result in a sufficient number 
of licensees remaining to make reasonably efficient use of the frequency 
band, the Commission will issue a public notice initiating a processing 
round, as set forth in paragraph (c) of this section, to invite parties 
to apply for an NGSO-like satellite system license to operate in a 
portion of the bandwidth made available as a result of the cancellation 
of the initial applicant's license. Parties already holding licenses to 
operate an NGSO-like satellite system in that frequency band will not be 
permitted to participate in that processing round.
    (3) There is a presumption that three satellite licensees in a 
frequency band are sufficient to make reasonably efficient use of the 
frequency band.
    (h) Services offered pursuant to an NGSO-like license in a frequency 
band granted before the Commission has adopted frequency-band-specific 
service rules for that band will be subject to the default service rules 
in Sec. 25.217.

[68 FR 51505, Aug. 27, 2003]



Sec. 25.158  Consideration of GSO-like satellite applications.

    (a) This section specifies the Commission's procedures for 
considering license applications for ``GSO-like satellite systems.'' For 
purposes of this section, the term ``GSO-like satellite system'' is 
defined as a GSO satellite designed to communicate with earth stations 
with directional antennas. Examples of GSO-like satellite systems are 
those which use earth stations with antennas with directivity towards 
the satellites, such as FSS, and MSS feeder links which use GSO 
satellites. GSO-like satellite systems are satellite systems that are 
not NGSO-like satellite systems within the meaning of Sec. 25.157(a).
    (b) Applications for GSO-like satellite system licenses will be 
placed in a queue and considered in the order that they are filed, 
pursuant to the following procedure:
    (1) The application will be reviewed to determine whether it is 
acceptable for filing within the meaning of Sec. 25.112. If not, the 
application will be returned to the applicant.
    (2) If the application is acceptable for filing, the application 
will be placed on public notice pursuant to Sec. 25.151, and interested 
parties will be given an opportunity to file pleadings pursuant to Sec. 
25.154.
    (3) The application will be granted only if it meets each of the 
following criteria:
    (i) After review of the application and any pleadings filed in 
response to that application, the Commission finds that the application 
meets the standards of Sec. 25.156(a); and
    (ii) The proposed satellite will not cause harmful interference to 
any previously licensed operations.
    (c) An applicant for a GSO-like satellite system license is not 
allowed to transfer, assign, or otherwise permit

[[Page 221]]

any other entity to assume its place in any queue.
    (d) In the event that two or more GSO-like satellite system license 
applications are mutually exclusive within the meaning of Sec. 
25.155(c), the Commission will consider those applications pursuant to 
the following procedure:
    (1) Each application will be reviewed to determine whether it is 
acceptable for filing within the meaning of Sec. 25.112. Any 
application not found acceptable for filing will be returned to the 
applicant.
    (2) All applications that are acceptable for filing will be placed 
on public notice pursuant to Sec. 25.151, and interested parties will 
be given an opportunity to file pleadings pursuant to Sec. 25.154.
    (3) Each application will be granted if it meets the criteria of 
paragraph (b)(3) of this section, and otherwise will be denied.
    (4) In the event that two or more applications are granted pursuant 
to paragraph (d)(3) of this section, the available bandwidth at the 
orbital location or locations in question will be divided equally among 
those licensees.
    (5) Licensees whose licenses are granted pursuant to paragraph 
(d)(4) of this section will be allowed to select the particular band 
segment it wishes to use no earlier than 60 days before they plan to 
launch the first satellite in its system, and no later than 30 days 
before that date, by submitting a letter to the Secretary of the 
Commission. The licensee shall serve copies of this letter to the other 
participants in the processing round pursuant to Sec. 1.47 of this 
chapter.
    (6) Licensees whose licenses are granted pursuant to paragraph 
(d)(4) of this section shall request contiguous bandwidth in both the 
uplink and downlink band. Each licensee's bandwidth selection shall not 
preclude other licensees from selecting contiguous bandwidth.
    (7) If two or more licensees whose licenses are granted pursuant to 
paragraph (d)(4) of this section request the same band segment, all 
licensees other than the first one to request that particular band 
segment will be required to make another selection.
    (e) Services offered pursuant to a GSO-like license in a frequency 
band granted before the Commission has adopted frequency-band-specific 
service rules for that band will be subject to the default service rules 
in Sec. 25.217.

[68 FR 51506, Aug. 27, 2003]



Sec. 25.159  Limits on pending applications and unbuilt satellite systems.

    (a) Applicants with a total of five applications for GSO-like space 
station licenses on file with the Commission in a particular frequency 
band, or a total of five licensed-but-unbuilt GSO-like space stations in 
a particular frequency band, or a combination of pending GSO-like 
applications and licensed-but-unbuilt GSO-like space stations in a 
particular frequency band that equals five, will not be permitted to 
apply for another GSO-like space station license in that frequency band.
    (b) Applicants with an application for one NGSO-like satellite 
system license on file with the Commission in a particular frequency 
band, or one licensed-but-unbuilt NGSO-like satellite system in a 
particular frequency band, will not be permitted to apply for another 
NGSO-like satellite system license in that frequency band.
    (c) If an applicant has an attributable interest in one or more 
other entities seeking one or more space station licenses, the pending 
applications and licensed-but-unbuilt satellite systems filed by those 
other entities will be counted as filed by the applicant for purposes of 
the limits on the number of pending space station applications and 
licensed-but-unbuilt satellite systems in this paragraph. For purposes 
of this paragraph, an applicant has an ``attributable interest'' in 
another entity if:
    (1) It holds equity (including all stockholdings, whether voting or 
nonvoting, common or preferred) and debt interest or interests, in the 
aggregate, exceed thirty-three (33) percent of the total asset value 
(defined as the aggregate of all equity plus all debt) of that entity, 
or
    (2) It holds a controlling interest in that entity, or is the 
subsidiary of a party holding a controlling interest in that entity, 
within the meaning of 47 CFR 1.2110(b)(2).

[[Page 222]]

    (3) For purposes of paragraphs (c)(1) and (c)(2) of this section, 
ownership interests shall be calculated on a fully diluted basis, i.e., 
all agreements, such as warrants, stock options, and convertible 
debentures, will generally be treated as if the rights thereunder 
already have been fully exercised.
    (d) In the event that a licensee misses three or more milestones 
within any three-year period, the Commission will presume that the 
licensee obtained one or more of those licenses for speculative 
purposes. Unless the licensee rebuts this presumption, it will not be 
permitted to apply for a GSO-like satellite or an NGSO-like satellite 
system in any frequency band if it has two or more satellite 
applications pending, or two licensed-but-unbuilt satellite systems of 
any kind. This limit will remain in effect until the licensee provides 
adequate information to demonstrate that it is very likely to construct 
its licensed facilities if it were allowed to file more applications.
    (e) For purposes of this section, ``frequency band'' means one of 
the paired frequency bands available for satellite service listed in 
Sec. 25.202.

[68 FR 51506, Aug. 27, 2003]

   Forfeiture, Termination, and Reinstatement of Station Authorization



Sec. 25.160  Administrative sanctions.

    (a) A forfeiture may be imposed for failure to operate in 
conformance with the Communications Act, license specifications, any 
conditions imposed on an authorization, or any of the Commission's rules 
and regulations; or for failure to comply with Commission requests for 
information needed to complete international coordination or for failure 
to cooperate in Commission investigations with respect to international 
coordination.
    (b) A forfeiture will be imposed and the station license may be 
terminated for the malicious transmissions of any signal that causes 
harmful interference with any other radio communications or signals.
    (c) A station license may be revoked for any repeated and willful 
violation of the kind set forth in paragraphs (a) and (b) of this 
section.
    (d) The sanctions specified in paragraphs (a), (b), and (c) of this 
section will be imposed only after the licensee has been provided an 
opportunity to be heard pursuant to titles III and V of the 
Communications Act of 1934, as amended.
    (e) For purposes of this section, the term ``repeated'' and 
``willful'' are defined as set out in section 312(f) of the 
Communications Act, 47 U.S.C. 312(f).



Sec. 25.161  Automatic termination of station authorization.

    A station authorization shall be automatically terminated in whole 
or in part without further notice to the licensee upon:
    (a)(1) Failure to meet any applicable milestone for implementation 
of the licensed satellite system specified in Sec. Sec. 25.164(a) and/
or (b), without demonstrating that the failure was caused by 
circumstances beyond the licensee's control, or
    (2) If there are no applicable milestones for implementation of the 
licensed satellite system specified in Sec. Sec. 25.164(a) and/or (b), 
the expiration of the required date of completion of construction or 
other required action specified in the authorization, or after any 
additional time authorized by the Commission, if a certification of 
completion of the required action has not been filed with the Commission 
unless a request for an extension of time has been filed with the 
Commission but has not been acted on.
    (b) The expiration of the license period, unless an application for 
renewal of the license has been filed with the Commission pursuant to 
Sec. 25.120(e); or
    (c) The removal or modification of the facilities which renders the 
station not operational for more than 90 days, unless specific authority 
is requested.

[56 FR 24016, May 28, 1991, as amended at 68 FR 51507, Aug. 27, 2003]



Sec. 25.162  Cause for termination of interference protection.

    The protection from interference afforded by the registration of a 
receiving earth station shall be automatically terminated if:
    (a) The request for registration is not submitted to the Commission 
within 3

[[Page 223]]

months of the completion of the frequency coordination process, except 
as provided for in Sec. 25.203;
    (b) The receiving earth station is not constructed and placed into 
service within 6 months after completion of coordination;
    (c) The Commission finds that the station has been used less than 
50% of the time during any 12 month period;
    (d) The Commission finds that the station has been used for an 
unlawful purpose or otherwise in violation of the Commission's rules, 
regulations or policies;
    (e) The Commission finds that the actual use of the facility is 
inconsistent with what was set forth in the registrant's application; or
    (f) The Commission finds that the frequency coordination exhibit, 
upon which the granted registration is based, is incomplete or does not 
conform with established coordination procedures.



Sec. 25.163  Reinstatement.

    (a) A station authorization terminated in whole or in part under the 
provisions of Sec. 25.161 may be reinstated if the Commission, in its 
discretion, determines that reinstatement would best serve the public 
interest, convenience and necessity. Petitions for reinstatement will be 
considered only if:
    (1) The petition is filed within 30 days after the expiration date 
set forth in Sec. 25.161(a) or Sec. 25.161(b), whichever is 
applicable;
    (2) The petition explains the failure to file a timely notification 
or renewal application; and
    (3) The petition sets forth with specificity the procedures which 
have been established to insure timely filings in the future.
    (b) A special temporary authorization shall automatically terminate 
upon the expiration date specified therein, or upon failure of the 
grantee to comply with any special terms or conditions set forth in the 
authorization. Temporary operation may be extended beyond the 
termination date only upon application to the Commission.



Sec. 25.164  Milestones.

    (a) Licensees of geostationary orbit satellite systems other than 
DBS and DARS satellite systems, including GSO MSS satellite systems, 
licensed on or after August 27, 2003 will be required to comply with the 
schedule set forth in paragraphs (a)(1) through (a)(4) of this section 
in implementing their satellite systems, unless a different schedule is 
established by Title 47, Chapter I, or by Commission Order, or by Order 
adopted pursuant to delegated authority. These dates are to be measured 
from the date the license is issued.
    (1) One year: Enter into a binding non-contingent contract to 
construct the licensed satellite system.
    (2) Two years: Complete the critical design review of the licensed 
satellite system.
    (3) Three years: Begin the construction of the satellite.
    (4) Five years: Launch and operate the satellite.
    (b) Licensees of non-geostationary orbit satellite systems other 
than DBS and DARS satellite systems licensed on or after September 11, 
2003, will be required to comply with the schedule set forth in 
paragraphs (b)(1) through (b)(5) of this section in implementing their 
satellite systems, unless a different schedule is established by Title 
47, Chapter I, or by Commission Order, or by Order adopted pursuant to 
delegated authority. These dates are to be measured from the date the 
license is issued.
    (1) One year: Enter into a binding non-contingent contract to 
construct the licensed satellite system.
    (2) Two years: Complete the critical design review of the licensed 
satellite system.
    (3) Two years, six months: Begin the construction of the first 
satellite in the licensed satellite system.
    (4) Three years, six months: Launch and operate the first satellite 
in the licensed satellite system.
    (5) Six years: Bring all the satellites in the licensed satellite 
system into operation.
    (c) Licensees of all satellite systems, other than DBS and DARS 
satellite

[[Page 224]]

systems, licensed on or after September 11, 2003, will be required to 
submit a copy of their binding non-contingent contract with the 
Commission on or before the date scheduled for entering into such a 
contract.
    (d) Licensees of all satellite systems, other than DBS and DARS 
satellite systems, licensed on or after September 11, 2003, will be 
required to submit information to the Commission sufficient to 
demonstrate that the licensee has completed the critical design review 
of the licensed satellite system on or before the date scheduled for 
entering into such completion.
    (e) Licensees of all satellite systems, other than DBS and DARS 
satellite systems, licensed on or after September 11, 2003, will be 
required to submit information to the Commission sufficient to 
demonstrate that the licensee has commenced physical construction of its 
licensed spacecraft on or before the date scheduled for such 
commencement.
    (f) In cases where the Commission grants a satellite authorization 
in different stages, such as a license for a satellite system using 
feeder links or intersatellite links, the earliest of the milestone 
schedules shall be applied to the entire satellite system.
    (g) Licensees of satellite systems that include both non-
geostationary orbit satellites and geostationary orbit satellites, other 
than DBS and DARS satellite systems, and licensed on or after September 
20, 2004 will be required to comply with the schedule set forth in 
paragraph (a) of this section with respect to the geostationary orbit 
satellites, and with the schedule set forth in paragraph (b) of this 
section with respect to the non-geostationary orbit satellites.

[68 FR 51507, Aug. 27, 2003, as amended at 69 FR 51587, Aug. 20, 2004]



Sec. 25.165  Posting of bonds.

    (a) For all satellite licenses issued after September 20, 2004, 
other than DBS licenses, DARS licenses, and replacement satellite 
licenses as defined in paragraph (e), the licensee is required to post a 
bond within 30 days of the grant of its license. Failure to post a bond 
will render the license null and void automatically.
    (1) NGSO licensees are required to post a bond in the amount of $5 
million.
    (2) GSO licensees are required to post a bond in the amount of $3 
million.
    (3) Licensees of satellite systems including both NGSO satellites 
and GSO satellites that operate in the same frequency bands as the NGSO 
satellites are required to post a bond in the amount of $5 million.
    (b) The licensee must use a surety company deemed acceptable within 
the meaning of 31 U.S.C. 9304 et seq. (See, e.g., Department of Treasury 
Fiscal Service, Companies Holding Certificates of Authority as 
Acceptable Sureties on Federal Bonds and As Acceptable Reinsurance 
Companies, 57 FR 29356, July 1, 1992.) The bond must name the U.S. 
Treasury as beneficiary in the event of the licensee's default. The 
licensee must provide the Commission with a copy of the performance 
bond, including all details and conditions.
    (c) A licensee will be considered to be in default if it fails to 
meet any milestone deadline set forth in Sec. 25.164, and, at the time 
of milestone deadline, the licensee has not provided a sufficient basis 
for extending the milestone.
    (d) A GSO licensee will be permitted to reduce the amount of the 
bond by $750,000 upon successfully meeting a milestone deadline set 
forth in section 25.164(a) of this chapter. An NGSO licensee will be 
permitted to reduce the amount of the bond by $1 million upon 
successfully meeting a milestone deadline set forth in section 25.164(b) 
of this chapter.
    (e) A replacement satellite is one that is:
    (1) Authorized to be operated at the same orbit location, in the 
same frequency bands, and with the same coverage area as one of the 
licensee's existing satellites, and
    (2) Scheduled to be launched so that it will be brought into use at 
approximately the same time as, but no later than, the existing 
satellite is retired.

[68 FR 51507, Aug. 27, 2003, as amended at 69 FR 51587, Aug. 20, 2004]

[[Page 225]]



                      Subpart C_Technical Standards

    Source: 30 FR 7176, May 28, 1965; 36 FR 2562, Feb. 6, 1971, unless 
otherwise noted.



Sec. 25.201  Definitions.

    Definitions for terms in subpart C of this part appear in this 
section, and in Sec. 2.1 of this chapter.
    1.6/2.4 GHz Mobile-Satellite Service. A mobile-satellite service 
that operates in the 1610-1626.5 MHz and 2483.5-2500 MHz frequency 
bands, or in any portion thereof.
    2 GHz Mobile Satellite Service. A mobile-satellite service that 
operated in the 2000-2020 MHz and 2180-2200 MHz frequency bands, or in 
any portion thereof.
    17/24 GHz Broadcasting-Satellite Service. A radiocommunications 
service using geostationary satellites between one or more feeder link 
earth stations and other earth stations, in the 17.3--17.7 GHz (space-
to-Earth) (domestic allocation), 17.3--17.8 GHz (international 
allocation) and 24.75--25.25 GHz frequency bands. This service is also 
known as ``17/24 GHz BSS.'' For purposes of the application processing 
provisions of this part, 17/24 GHz BSS is a GSO-like service. For 
purposes of the technical requirements of this part, we will treat 17/24 
GHz BSS as if it were FSS. Unless specifically stated otherwise, the 17/
24 GHz BSS systems are subject to the rules in this part applicable to 
FSS.
    Active satellite. An earth satellite carrying a station intended to 
transmit or re-transmit radiocommunication signals.
    Ambulatory. Not stationary. Baselines from which maritime boundaries 
are measured change with accretion- and erosion-caused ambulation of the 
boundaries themselves.
    Ancillary terrestrial component. The term ``ancillary terrestrial 
component'' means a terrestrial communications network used in 
conjunction with a qualifying satellite network system authorized 
pursuant to these rules and the conditions established in the Orders 
issued in IB Docket No. 01-185, Flexibility for Delivery of 
Communications by Mobile Satellite Service Providers in the 2 GHz Band, 
the L-Band, and the 1.6/2.4 GHz Band.
    Ancillary terrestrial component base station. The term ``ancillary 
terrestrial component base station'' means a terrestrial fixed facility 
used to transmit communications to or receive communications from one or 
more ancillary terrestrial component mobile terminals.
    Ancillary terrestrial component mobile terminal. The term 
``ancillary terrestrial component mobile terminal'' means a terrestrial 
mobile facility used to transmit communications to or receive 
communications from an ancillary terrestrial component base station or a 
space station.
    Base Earth Station. An earth station in the fixed-satellite service 
or, in some cases, in the land mobile-satellite service, located at a 
specified fixed point or within a specified area on land to provide a 
feeder link for the land mobile-satellite service. (RR)
    Baseline. The line from which maritime zones are measured, also 
known as the coast line. The baseline is a combination of the low-water 
line (``low-tide elevation'') and closing lines across the mouths of 
inland water bodies. The baseline is defined by a series of baseline 
points. The baseline points are not just the low-water marks of the 
shore of mainland but also includes islands and ``low-water elevations'' 
(i.e., natural rocks). Baseline points are ambulatory, and thus, require 
adjustment from time-to-time by the U.S. Department of State's Baseline 
Committee.
    C-band. For purposes of this part, the terms ``C-band'' and 
``conventional C-band'' refer specifically to the 3700-4200 MHz downlink 
and 5925-6425 MHz uplink frequency bands. These paired bands are 
allocated to the Fixed-Satellite Service and are also referred to as the 
4/6 GHz band(s).
    Coordination distance. For the purposes 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.

[[Page 226]]

    Direct Broadcast Satellite Service. A radiocommunication service in 
which signals transmitted or retransmitted by space stations, using 
frequencies specified in Sec. 25.202(a)(7), are intended for direct 
reception by the general public. For the purposes of this definition, 
the term direct reception shall encompass both individual reception and 
community reception.
    Earth station. A station located either on the Earth's surface or 
within the major portion of the Earth's atmosphere intended for 
communication:
    (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.
    Earth Station on Vessel (``ESV''). An ESV is an earth station 
onboard a craft designed for traveling on water receiving from and 
transmitting to fixed-satellite space stations.
    Electronic filing. The submission of applications, exhibits, 
pleadings, or other filings to the Commission in an electronic form 
using Internet or World Wide Web on-line filing forms.
    Equivalent diameter. When circular aperture reflector antennas are 
employed, the size of the antenna is generally expressed as the diameter 
of the antenna's main reflector. When non-reflector or non-circular 
aperture antennas are employed, an equivalent diameter can be computed 
for the antenna. The equivalent diameter is the diameter of a 
hypothetical circular aperture antenna with the same aperture area as 
the actual antenna. For example, an elliptical aperture antenna with 
major axis, a, and minor axis, b, will have an equivalent diameter of [a 
x b]1/2. A rectangular aperture antenna with length, l, and 
width, w, will have an equivalent diameter of [4(l x w)/
[pi]]1/2.
    Equivalent power flux-density. The equivalent power flux-density 
(EPFD) is the sum of the power flux-densities produced at a 
geostationary satellite orbit (GSO) receive earth or space station on 
the Earth's surface or in the geostationary satellite orbit, as 
appropriate, by all the transmit stations within a non-geostationary 
satellite orbit fixed-satellite service (NGSO FSS) system, taking into 
account the off-axis discrimination of a reference receiving antenna 
assumed to be pointing in its nominal direction. The equivalent power 
flux-density, in dB(W/m\2\) in the reference bandwidth, is calculated 
using the following formula:
[GRAPHIC] [TIFF OMITTED] TR16FE01.031

Where:

Na is the number of transmit stations in the non-geostationary satellite 
orbit system that are visible from the GSO receive station considered on 
the Earth's surface or in the geostationary satellite orbit, as 
appropriate;
i is the index of the transmit station considered in the non-
geostationary satellite orbit system;
Pi is the RF power at the input of the antenna of the transmit station, 
considered in the non-geostationary satellite orbit system in dBW in the 
reference bandwidth;
2i is the off-axis angle between the boresight of the transmit station 
considered in the non-geostationary satellite orbit system and the 
direction of the GSO receive station;
Gt(2i) is the transmit antenna gain (as a ratio) of the station 
considered in the non-geostationary satellite orbit system in the 
direction of the GSO receive station;
di is the distance in meters between the transmit station considered in 
the non-geostationary satellite orbit system and the GSO receive 
station;
Ni is the off-axis angle between the boresight of the antenna of the GSO 
receive station and the direction of the ith transmit station considered 
in the non-geostationary satellite orbit system;
Gr(Ni) is the receive antenna gain (as a ratio) of the GSO receive 
station in the direction of the ith transmit station considered in

[[Page 227]]

the non-geostationary satellite orbit system;
Gr,max is the maximum gain (as a ratio) of the antenna of the 
GSO receive station;

    Fixed earth station. An earth station intended to be used at a 
specified fixed point.
    Fixed-Satellite Service. A radiocommunication service between earth 
stations at given positions, when one or more satellites are used; the 
given position may be a specified fixed point or any fixed point within 
specified areas; in some cases this service includes satellite-to-
satellite links, which may also be operated in the inter-satellite 
service; the fixed-satellite service may also include feeder links of 
other space radiocommunication services. (RR)
    Geostationary satellite. A geosynchronous satellite whose circular 
and direct orbit lies in the plane of the Earth's equator and which thus 
remains fixed relative to the Earth; by extension, a satellite which 
remains approximately fixed relative to the Earth.
    Inter-Satellite Service. A radiocommunication service providing 
links between artificial earth satellites.
    Land Earth Station. An earth station in the fixed-satellite service 
or, in some cases, in the mobile-satellite service, located at a 
specified fixed point or within a specified area on land to provide a 
feeder link for the mobile-satellite service. (RR)
    Land Mobile Earth Station. A mobile earth station in the land 
mobile-satellite service capable of surface movement within the 
geographical limits of a country or continent. (RR)
    Ku-band. In this rule part, the terms ``Ku-band'' and ``conventional 
Ku-band'' refer specifically to the 11700-12200 MHz downlink and 14000-
14500 MHz uplink frequency bands. These paired bands are allocated to 
the Fixed-Satellite Service and are also referred to as the 12/14 GHz 
band(s).
    Low-Tide Elevation. A naturally formed area of land that is 
surrounded by and above water at low tide but below water at high tide. 
Low-tide elevations serve as part of the coast line when they are within 
the breath of the territorial sea of the mainland (either uplands or 
inland waters) or an island. 1958 Convention on the Territorial Sea, 
Article 11.
    Mobile earth station. An earth station intended to be used while in 
motion or during halts at unspecified points.
    Mobile-Satellite Service. A radiocommunication service:
    (1) Between mobile earth stations and one or more space stations, or 
between space stations used by this service; or
    (2) Between mobile earth stations, by means of one or more space 
stations.

    This service may also include feeder links necessary for its 
operation. (RR)
    NGSO FSS gateway earth station. A gateway earth station is an earth 
station complex consisting of multiple interconnecting earth station 
antennas supporting the communication routing and switching functions of 
a non-geostationary satellite orbit fixed-satellite service (NGSO FSS) 
system as a whole. A gateway earth station in the NGSO FSS:
    (1) Does not originate or terminate radiocommunication traffic, but 
interconnects multiple non-collocated user earth stations operating in 
frequency bands other than designated gateway bands, through a satellite 
with other primary terrestrial networks, such as the public switched 
telephone network (PSTN) and/or Internet networks.
    (2) Shall not be for the exclusive use of any customer.
    (3) May also be used for telemetry, tracking, and command 
transmissions for the same NGSO FSS system.
    (4) May include multiple antennas, each required to meet the antenna 
performance standard in Sec. 25.209(h), located within an area of one 
second latitude by one second longitude.
    (5) Is considered as a separate gateway earth station complex if it 
is out side of the area of one second latitude by one second longitude 
of paragraph (4) of this definition, for the purposes of coordination 
with terrestrial services.
    Non-Voice, Non-Geostationary Mobile-Satellite Service. A mobile-
satellite service reserved for use by non-geostationary satellites in 
the provision of non-voice communications which may include satellite 
links between land earth stations at fixed locations.

[[Page 228]]

    Passive satellite. An earth satellite intended to transmit radio 
communication signals by reflection.
    Permitted Space Station List. A list of satellites operating in the 
C-band and/or Ku-band including all U.S.-licensed satellites and those 
non-U.S.-licensed satellites for which the Commission has authorized 
routine U.S.-licensed earth stations to communicate with that satellite, 
and the satellite operator has requested the Commission to place its 
satellite on the Permitted Space Station List.
    Power flux density. The amount of power flow through a unit area 
within a unit bandwidth. The units of power flux density are those of 
power spectral density per unit area, namely watts per hertz per square 
meter. These units are generally expressed in decibel form as dB(W/Hz/
m\2\), dB(W/m\2\) in a 4 kHz band, or dB(W/m\2\) in a 1 MHz band.
    Power spectral density. The amount of an emission's transmitted 
carrier power falling within the stated reference bandwidth. The units 
of power spectral density are watts per hertz and are generally 
expressed in decibel form as dB(W/Hz), dB(W/4kHz), or dB(W/1MHz).
    Protection areas. The geographic regions on the surface of the Earth 
where United States Department of Defense (``DoD'') meteorological 
satellite systems or National Oceanic and Atmospheric Administration 
(``NOAA'') meteorological satellite systems, or both such systems, are 
receiving signals from low earth orbiting satellites.
    Radiodetermination-Satellite Service. A radiocommunication service 
for the purpose of radiodetermination involving the use of one of more 
space stations. This service may also include feeder links necessary for 
its own operation. (RR)
    Routine processing or licensing. A licensing process whereby 
applications are processed in an expedited fashion. Such applications 
must be complete in all regards and consistent with all Commission Rules 
and must not raise any policy issues. With respect to earth station 
licensing, an application is ``routine'' only if it conforms to all 
antenna, power, coordination, radiation hazard, and FAA notification 
rules, and accesses only ``Permitted Space Station List'' satellites in 
the conventional C-band or Ku-band frequency bands.
    Satellite Digital Audio Radio Service (``DARS''). A 
radiocommunication service in which audio programming is digitally 
transmitted by one or more space stations directly to fixed, mobile, 
and/or portable stations, and which may involve complementary repeating 
terrestrial transmitters, telemetry, tracking and control facilities.
    Satellite system. A space system using one or more artificial earth 
satellites.
    Selected assignment. The term ``selected assignment'' means a 
spectrum assignment voluntarily identified by a 2 GHz MSS licensee at 
the time that the licensee's first 2 GHz mobile-satellite service 
satellite reaches its intended orbit, or other mobile-satellite service 
spectrum in which the Commission permits a 2 GHz mobile-satellite 
service licensee to conduct mobile-satellite service operations with 
authority superior to that of other in-band, mobile-satellite service 
licensees.
    Spacecraft. A man-made vehicle which is intended to go beyond the 
major portion of the Earth's atmosphere.
    Space operation service. A radiocommunication service concerned 
exclusively with the operation of spacecraft, in particular space 
tracking, space telemetry and space telecommand. These functions will 
normally be provided within the service in which the space station is 
operating.
    Space radiocommunication. Any radiocommunication involving the use 
of one or more space stations or the use of one or more reflecting 
satellites or other objects in space.
    Space station. A station located on an object which is beyond, is 
intended to go beyond, or has been beyond, the major portion of the 
Earth's atmosphere.
    Space system. Any group of cooperating earth stations and/or space 
stations employing space radiocommunication for specific purposes.
    Space telecommand. The use of radiocommunication for the 
transmission of signals to a space station to initiate, modify or 
terminate function

[[Page 229]]

of the equipment on a space object, including the space station.
    Space telemetering. The use of telemetering for the transmission 
from a space station of results of measurements made in a spacecraft, 
including those relating to the functioning of the spacecraft.
    Space tracking. Determination of the orbit, velocity or 
instantaneous position of an object in space by means of 
radiodetermination, excluding primary radar, for the purpose of 
following the movement of the object.
    Structural attenuation. The term ``structural attenuation'' means 
the signal attenuation caused by transmitting to and from mobile 
terminals which are located in buildings or other man-made structures 
that attenuate the transmission of radiofrequency radiation.
    Terrestrial radiocommunication. Any radiocommunication other than 
space radiocommunication or radio astronomy.
    Terrestrial station. A station effecting terrestrial 
radiocommunication.

[30 FR 7176, May 28, 1965, as amended at 36 FR 2562, Feb. 6, 1971; 48 FR 
40254, Sept. 6, 1983; 51 FR 18445, May 20, 1986; 54 FR 49993, Dec. 4, 
1989; 56 FR 42706, Aug. 29, 1991; 58 FR 68059, Dec. 23, 1993; 59 FR 
53329, Oct. 21, 1994; 62 FR 11105, Mar. 11, 1997; 62 FR 59296, Nov. 3, 
1997; 65 FR 59143, Oct. 4, 2000; 66 FR 10621, Feb. 16, 2001; 67 FR 
51114, Aug. 7, 2002; 68 FR 11993, Mar. 13, 2003; 68 FR 33650, June 5, 
2003; 68 FR 34338, June 9, 2003; 70 FR 4783, Jan. 31, 2005; 70 FR 19318, 
Apr. 13, 2005; 70 FR 32255, June 2, 2005; 72 FR 50028, Aug. 29, 2007]



Sec. 25.202  Frequencies, frequency tolerance and emission limitations.

    (a)(1) Frequency band. The following frequencies are available for 
use by the fixed-satellite service. Precise frequencies and bandwidths 
of emission shall be assigned on a case-by-case basis. The Table 
follows:

------------------------------------------------------------------------
        Space-to-Earth (GHz)                 Earth-to-space (GHz)
------------------------------------------------------------------------
3.65-3.7 \17\
3.7-4.2 \1\                          5.925-6.425 \1\
10.7-10.95 1 12                      12.75-13.25 1 12 14
10.95-11.2 1 2 12                    13.75-14 4 12
11.2-11.45 1 12                      14-14.2 \5\
11.45-11.7 1 2 12                    14.2-14.5
11.7-12.2 \3\                        17.3-17.8 \9\
12.2-12.7 \13\                       24.75-25.05 \18\
18.3-18.58 1 10                      25.05-25.25 1 18
18.58-18.8 6 10 11                   27.5-29.5 \1\
18.8-19.3 7 10                       29.5-30
19.3-19.7 8 10                       47.2-50.2 \1\
19.7-20.2 \10\
37.5-40 15 16
37.6-38.6
40-42 \16\
------------------------------------------------------------------------
\1\ This band is shared coequally with terrestrial radio communication
  service.
\2\ Use of this band by geostationary satellite orbit satellite systems
  in the fixed-satellite service is limited to international systems;
  i.e., other than domestic systems.
\3\ Fixed-satellite transponders may be used additionally for
  transmissions in the broadcasting-satellite service.
\4\ This band is shared on an equal basis with the Government
  radiolocation service and grandfathered space stations in the Tracking
  and Data Relay Satellite System.
\5\ In this band, stations in the radionavigation service shall operate
  on a secondary basis to the fixed-satellite service.
\6\ The band 18.58-18.8 GHz is shared coequally with existing
  terrestrial radiocommunication systems until June 8, 2010.
\7\ The band 18.8-19.3 GHz is shared coequally with terrestrial
  radiocommunication services, until June 8, 2010. After this date, the
  sub-band 19.26-19.3 GHz is shared co-equally with existing terrestrial
  radiocommunication systems.
\8\ The use of the band 19.3-19.7 GHz by the fixed-satellite service
  (space-to-Earth) is limited to feeder links for the mobile-satellite
  service.
\9\ The use of the band 17.3-17.8 GHz by the fixed-satellite service
  (Earth-to-space) is limited to feeder links for broadcasting-satellite
  service, and the sub-band 17.7-17.8 GHz is shared co-equally with
  terrestrial fixed services.
\10\ This band is shared co-equally with the Federal Government fixed-
  satellite service.
\11\ The band 18.6-18.8 GHz is shared coequally with the non-Federal
  Government and Federal Government Earth exploration-satellite
  (passive) and space research (passive) services.
\12\ Use of this band by non-geostationary satellite orbit systems in
  the fixed-satellite service is limited to gateway earth station
  operations.
\13\ Use of this band by the fixed-satellite service is limited to non-
  geostationary satellite orbit systems.
\14\ Use of this band by NGSO FSS gateway earth station uplink
  operations is subject to the provisions of Sec. 2.106 NG53.
\15\ Use of this band by the fixed-satellite service is limited to
  ``gateway'' earth station operations, provided the licensee under this
  Part obtains a license under Part 101 of this Chapter or an agreement
  from a Part 101 licensee for the area in which an earth station is to
  be located. Satellite earth station facilities in this band may not be
  ubiquitously deployed and may not be used to serve individual
  consumers.
\16\ The band 37.5-40.0 GHz is designated as being available for use by
  the fixed and mobile services and the band 40.0-42.0 GHz is designated
  as being available for use by the fixed-satellite service.
\17\ FSS earth stations in this band must operate on a secondary basis
  to terrestrial radiocommunication services, except that the band is
  shared co-equally between certain grandfathered earth stations and the
  terrestrial radiocommunication services.

[[Page 230]]

 
\18\ Use of the band 24.75-25.25 GHz by the fixed-satellite service
  (Earth-to-space) is limited to feeder links for space stations in the
  broadcasting-satellite service, and the sub-band 25.05-25.25 GHz is
  shared co-equally with terrestrial fixed services. The allocation to
  the fixed-satellite service (Earth-to-space) in the band 24.75-25.25
  GHz shall come into effect on 1 April 2007.

    (2) [Reserved]
    (3) The following frequencies are available for use by the non-
voice, non-geostationary mobile-satellite service:

137-138 MHz: Space-to-Earth
148-150.05 MHz: Earth-to-space
399.9-400.05 MHz: Earth-to-space
400.15-401 MHz: Space-to-Earth

    (4)(i) The following frequencies are available for use by the 1.6/
2.4 GHz Mobile-Satellite Service:

1610-1626.5 MHz: User-to-Satellite Link
1613.8-1626.5 MHz: Satellite-to-User Link (secondary)
2483.5-2500 MHz: Satellite-to-User Link

    (ii) The following frequencies are available for use by the 2 GHz 
Mobile-Satellite Service: 2000-2020 MHz: User-to-Satellite Link; 2180-
2200 MHz: Satellite-to-User Link.
    (iii)(A) The following frequencies are available for use by the L-
band Mobile-Satellite Service:

1525-1559 MHz: Space-to-Earth
1626.5-1660.5 MHz: Earth-to-space

    (B) The use of the frequencies 1544-1545 MHz and 1645.5-1646.5 MHz 
is limited to distress and safety communications.
    (5) The following frequencies are available for use by the inter-
satellite service:

22.55-23.00 GHz
23.00-23.55 GHz
24.45-24.65 GHz
24.65-24.75 GHz

    (6) The following spectrum is available for exclusive use by the 
satellite digital audio radio service:

2320-2345 MHz: space-to-Earth (primary).

    (7) The following frequencies are available for use by the Direct 
Broadcast Satellite service:

12.2-12.7 GHz: Space-to-Earth.

    (8) The following frequencies are available for use by ESVs:

3700-4200 MHz (space-to-Earth)
5925-6425 MHz (Earth-to-space)
10.95-11.2 GHz (space-to-Earth)
11.45-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)

    ESVs shall be authorized and coordinated as set forth in Sec. Sec. 
25.221 and 25.222. ESV operators, collectively, may coordinate up to 180 
megahertz of spectrum in the 5925-6425 MHz (Earth-to-space) band for all 
ESV operations at any given location subject to coordination.
    (9) The following frequencies are available for use by the 
Broadcasting-Satellite Service after 1 April 2007:

17.3-17.7 GHz (space-to-Earth)
17.7-17.8 GHz (space-to-Earth)
    Note 1 to paragraph (a)(9): Use of the 17.3-17.7 GHz band by the 
broadcasting-satellite service is limited to geostationary satellite 
orbit systems.
    Note 2 to paragraph (a)(9): Use of the 17.7-17.8 GHz band (space-to-
Earth) by the broadcasting-satellite service is limited to transmissions 
from geostationary satellite orbit systems to receiving earth stations 
located outside of the United States and its Possessions. In the United 
States and its Possessions, the 17.7-17.8 GHz band is allocated on a 
primary basis to the Fixed Service.
    (b) Other frequencies and associated bandwidths of emission may be 
assigned on a case-by-case basis to space systems under this part in 
conformance with Sec. 2.106 of this chapter and the Commission's rules 
and policies.
    (c) Orbital locations assigned to space stations licensed under this 
part by the commission are subject to change by summary order of the 
Commission on 30 days notice. An authorization to construct and/or to 
launch a space station becomes null and void if the construction is not 
begun or is not completed, or if the space station is not launched and 
positioned at its assigned orbital location and operations commenced in 
accordance with the station authorization, by the respective date(s) 
specified in the authorization. Frequencies and orbital location 
assignments are subject to the policies set forth in the Report and 
Order, FCC 83-184, adopted April 27, 1983 in CC Docket No. 81-704 and 
the Report and Order, adopted July 25, 1985 in CC Docket No. 84-1299 as 
modified by the Report and Order, adopted January 19, 1996 in IB Docket 
No. 95-41.
    (d) Frequency tolerance, Earth stations. The carrier frequency of 
each earth

[[Page 231]]

station transmitter authorized in these services shall be maintained 
within 0.001 percent of the reference frequency.
    (e) Frequency tolerance, space stations. The carrier frequency of 
each space station transmitter authorized in these services shall be 
maintained within 0.002 percent of the reference frequency.
    (f) Emission limitations. The mean power of emissions shall be 
attenuated below the mean output power of the transmitter in accordance 
with the following schedule:
    (1) 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 100 
percent of the authorized bandwidth: 25 dB;
    (2) In any 4 kHz band, the center frequency of which is removed from 
the assigned frequency by more than 100 percent up to and including 250 
percent of the authorized bandwidth: 35 dB;
    (3) 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: An amount equal to 43 dB plus 10 times the logarithm (to the 
base 10) of the transmitter power in watts;
    (4) In any event, when an emission outside of the authorized 
bandwidth causes harmful interference, the Commission may, at its 
discretion, require greater attenuation than specified in paragraphs (f) 
(1), (2) and (3) of this section.
    (g) Telemetry, tracking and telecommand functions for U.S. domestic 
satellites shall be conducted at either or both edges of the allocated 
band(s). Frequencies, polarization and coding shall be selected to 
minimize interference into other satellite networks and within their own 
satellite system.

[30 FR 7176, May 28, 1965, as amended at 36 FR 2562, Feb. 6, 1971; 38 FR 
8573, Apr. 4, 1973; 39 FR 33527, Sept. 18, 1974; 48 FR 40254, Sept. 6, 
1983; 50 FR 36079, Sept. 5, 1985; 51 FR 18445, May 20, 1986; 51 FR 
20975, June 10, 1986; 54 FR 49993, Dec. 4, 1989; 56 FR 24024, May 28, 
1991; 58 FR 13419, Mar. 11, 1993; 58 FR 68061, Dec. 23, 1993; 59 FR 
53329, Oct. 21, 1994; 61 FR 9952, Mar. 12, 1996; 61 FR 52307, Oct. 7, 
1996; 62 FR 11105, Mar. 11, 1997; 64 FR 2591, Jan. 15, 1999; 64 FR 6565, 
Feb. 10. 1999; 65 FR 54171, Sept. 7, 2000; 65 FR 59144, Oct. 4, 2000; 66 
FR 10622, Feb. 16, 2001; 66 FR 63515, Dec. 7, 2001; 67 FR 17299, Apr. 
10, 2002; 67 FR 39862, June 11, 2002; 67 FR 51114, Aug. 7, 2002; 68 FR 
11993, Mar. 13, 2003; 68 FR 16966, Apr. 8, 2003; 68 FR 34338, June 9, 
2003; 68 FR 74387, Dec. 23, 2003; 69 FR 52206, Aug. 25, 2004; 70 FR 
4783, Jan. 31, 2005; 70 FR 24725, May 11, 2005; 70 FR 32255, June 2, 
2005; 72 FR 50028, Aug. 29, 2007]



Sec. 25.203  Choice of sites and frequencies.

    (a) Sites and frequencies for earth stations, other than ESVs, 
operating in frequency bands shared with equal rights between 
terrestrial and space services, shall be selected, to the extent 
practicable, in areas where the surrounding terrain and existing 
frequency usage are such as to minimize the possibility of harmful 
interference between the sharing services.
    (b) An applicant for an earth station authorization, other than an 
ESV, in a frequency band shared with equal rights with terrestrial 
microwave services shall compute the great circle coordination distance 
contour(s) for the proposed station in accordance with the procedures 
set forth in Sec. 25.251. The applicant shall submit with the 
application a map or maps drawn to appropriate scale and in a form 
suitable for reproduction indicating the location of the proposed 
station and these contours. These maps, together with the pertinent data 
on which the computation of these contours is based, including all 
relevant transmitting and/or receiving parameters of the proposed 
station that is necessary in assessing the likelihood of interference, 
an appropriately scaled plot of the elevation of the local horizon as a 
function of azimuth, and the electrical characteristics of the earth 
station antenna(s), shall be submitted by the applicant in a single 
exhibit to the application. The

[[Page 232]]

coordination distance contour plot(s), horizon elevation plot, and 
antenna horizon gain plot(s) required by this section may also be 
submitted in tabular numerical format at 5[deg] azimuthal increments 
instead of graphical format. At a minimum, this exhibit shall include 
the information listed in paragraph (c)(2) of this section. An earth 
station applicant shall also include in the application relevant 
technical details (both theoretical calculations and/or actual 
measurements) of any special techniques, such as the use of artificial 
site shielding, or operating procedures or restrictions at the proposed 
earth station which are to be employed to reduce the likelihood of 
interference, or of any particular characteristics of the earth station 
site which could have an effect on the calculation of the coordination 
distance.
    (c) Prior to the filing of its application, an applicant for 
operation of an earth station, other than an ESV, shall coordinate the 
proposed frequency usage with existing terrestrial users and with 
applicants for terrestrial station authorizations with previously filed 
applications in accordance with the following procedure:
    (1) An applicant for an earth station authorization shall perform an 
interference analysis in accordance with the procedures set forth in 
Sec. 25.251 for each terrestrial station, for which a license or 
construction permit has been granted or for which an application has 
been accepted for filing, which is or is to be operated in a shared 
frequency band to be used by the proposed earth station and which is 
located within the great circle coordination distance contour(s) of the 
proposed earth station.
    (2) The earth station applicant shall provide each such terrestrial 
station licensee, permittee, and prior filed applicant with the 
technical details of the proposed earth station and the relevant 
interference analyses that were made. At a minimum, the earth station 
applicant shall provide the terrestrial user with the following 
technical information:
    (i) The geographical coordinates of the proposed earth station 
antenna(s),
    (ii) Proposed operating frequency band(s) and emission(s),
    (iii) Antenna center height above ground and ground elevation above 
mean sea level,
    (iv) Antenna gain pattern(s) in the plane of the main beam,
    (v) Longitude range of geostationary satellite orbit (GSO) 
satellites at which antenna may be pointed, for proposed earth station 
antenna(s) accessing GSO satellites,
    (vi) Horizon elevation plot,
    (vii) Antenna horizon gain plot(s) determined in accordance with 
Sec. 25.251 for satellite longitude range specified in paragraph 
(c)(2)(v) of this section, taking into account the provisions of Sec. 
25.251 for earth stations operating with non-geostationary satellites,
    (viii) Minimum elevation angle,
    (ix) Maximum equivalent isotropically radiated power (e.i.r.p.) 
density in the main beam in any 4 kHz band, (dBW/4 kHz) for frequency 
bands below 15 GHz or in any 1 MHz band (dBW/MHz) for frequency band 
above 15 GHz,
    (x) Maximum available RF transmit power density in any 1 MHz band 
and in any 4 kHz band at the input terminals of the antenna(s),
    (xi) Maximum permissible RF interference power level as determined 
in accordance with Sec. 25.251 for all applicable percentages of time, 
and
    (xii) A plot of great circle coordination distance contour(s) and 
rain scatter coordination distance contour(s) as determined by Sec. 
25.251.
    (3) The coordination procedures specified in Sec. 101.103 of this 
chapter and Sec. 25.251 shall be applicable except that the information 
to be provided shall be that set forth in paragraph (c)(2) of this 
section, and that the 30-day period allowed for response to a request 
for coordination may be increased to a maximum of 45 days by mutual 
consent of the parties.
    (4) Where technical problems are resolved by an agreement or 
operating arrangement between the parties that would require special 
procedures be taken to reduce the likelihood of harmful interference 
(such as the use of artificial site shielding) or would result in 
lessened quality or capacity of either system, the details thereof shall 
be contained in the application.

[[Page 233]]

    (5) The Commission may, in the course of examining any application, 
require the submission of additional showings, complete with pertinent 
data and calculations in accordance with Sec. 25.251, showing that 
harmful interference is not likely to result from the proposed 
operation.
    (d) An applicant for operation of an earth station, other than an 
ESV, shall also ascertain whether the great circle coordination distance 
contours and rain scatter coordination distance contours, computed for 
those values of parameters indicated in Sec. 25.251 (Appendix 7 of the 
ITU RR) for international coordination, cross the boundaries of another 
Administration. In this case, the applicant shall furnish to the 
Commission copies of these contours on maps drawn to appropriate scale 
for use by the Commission in effecting coordination of the proposed 
earth station with the Administration(s) affected.
    (e) Protection for Table Mountain Radio Receiving Zone, Boulder 
County, Colorado.
    (1) 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 1800 acre site (in the vicinity of coordinates 
40[deg]07[min]50[sec] N Latitude, 105[deg]14[min]40[sec] 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:

------------------------------------------------------------------------
                                                 In authorized bandwidth
                                                       of service
                                               -------------------------
                Frequency range                    Field      Power flux
                                                  strength   density \1\
                                                   (mV/m)     (dBW/m\2\)
------------------------------------------------------------------------
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[pi] 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.

    (2) 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 2.5 kilometers;
    (ii) Stations within 5 kilometers 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 15 kilometers 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 kilometers with 25 kW or more average ERP in 
the primary plane of polarization in the azimuthal direction of Table 
Mountain Receiving Zone.
    (3) Applicants concerned are urged to communicate with the Radio 
Frequency Management Coordinator, Department of Commerce, Research 
Support Services, NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303; 
telephone (303) 497-6548, in advance of filing their applications with 
the Commission.
    (4) 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.

[[Page 234]]

    (f) Notification to the National Radio Astronomy Observatory: In 
order to minimize possible harmful interference at the National Radio 
Astronomy Observatory site located at Green Bank, Pocahontas County, W. 
Va., and at the Naval Radio Research Observatory site at Sugar Grove, 
Pendleton County, W. Va. 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[min] N. on the north, 
78[deg]30[min] W. on the east, 37[deg]30[min] N. on the south and 
80[deg]30[min] 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, W. Va. 
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 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.
    (g) 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 tha