[Title 47 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2004 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
47
Parts 20 to 39
Revised as of October 1, 2004
Telecommunication
________________________
Containing a codification of documents of general
applicability and future effect
As of October 1, 2004
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2004
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 47:
Chapter I--Federal Communications Commission
(Continued) 3
Finding Aids:
Material Approved for Incorporation by Reference........ 529
Table of CFR Titles and Chapters........................ 531
Alphabetical List of Agencies Appearing in the CFR...... 549
Table of OMB Control Numbers............................ 559
List of CFR Sections Affected........................... 569
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----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 47 CFR 20.1 refers
to title 47, part 20,
section 1.
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[[Page v]]
EXPLANATION
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.
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
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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
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
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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
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INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
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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
A subject index to the Code of Federal Regulations is contained in a
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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,
and parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
[[Page vii]]
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
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For inquiries concerning CFR reference assistance, call 202-741-6000
or write to the Director, Office of the Federal Register, National
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Raymond A. Mosley,
Director,
Office of the Federal Register.
October 1, 2004.
[[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, 2004.
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, Ruth Green was Chief Editor. The Code of Federal
Regulations publication program is under the direction of Frances D.
McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 47--TELECOMMUNICATION
(This book contains parts 20 to 39)
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Part
chapter i--Federal Communications Commission (Continued).... 20
[[Page 3]]
CHAPTER I--FEDERAL COMMUNICATIONS
COMMISSION (CONTINUED)
--------------------------------------------------------------------
SUBCHAPTER B--COMMON CARRIER SERVICES
Part Page
20 Commercial mobile radio services............ 5
21 Domestic public fixed radio services........ 22
22 Public mobile services...................... 105
23 International fixed public
radiocommunication services............. 208
24 Personal communications services............ 227
25 Satellite communications.................... 263
27 Miscellaneous wireless communications
services................................ 370
32 Uniform system of accounts for
telecommunications companies............ 404
36 Jurisdictional separations procedures;
standard procedures for separating
telecommunications property costs,
revenues, expenses, taxes and reserves
for telecommunications companies........ 476
37--39 [Reserved]
Cross Reference: Excise taxes on communications services and facilities:
Internal Revenue, 26 CFR Part 49.
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, 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]
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 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.
[[Page 8]]
(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/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,
[[Page 9]]
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) 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.
[[Page 10]]
(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 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
[[Page 11]]
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.
(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, proposing to use any Personal
[[Page 12]]
Communications Service or VHF Public Coast Station spectrum to offer
service on a private mobile radio service basis must overcome the
presumption that Personal Communications Service and VHF Public Coast
Stations are commercial mobile radio services.
(1) The applicant or licensee (who must file an application to
modify its authorization) seeking authority to dedicate a portion of the
spectrum for private mobile radio service, must include a certification
that it will offer Personal Communications Service or VHF Public Coast
Station service on a private mobile radio service basis. The
certification must include a description of the proposed service
sufficient to demonstrate that it is not within the definition of
commercial mobile radio service in Sec. 20.3. Any application
requesting to use any Personal Communications Service or VHF Public
Coast Station spectrum to offer service on a private mobile radio
service basis 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]
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.
[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 45619, Aug. 29, 1996]
Sec. 20.12 Resale and roaming.
(a) Scope of section. This section is applicable to providers of
Broadband Personal Communications Services (part 24, subpart E of this
chapter), Cellular Radio Telephone Service (part 22, subpart H of this
chapter), and Specialized Mobile Radio Services in the 800 MHz
[[Page 13]]
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
equipment that is technically compatible with the licensee's base
stations.
[64 FR 61027, Nov. 9, 1999, as amended at 65 FR 58482, Sept. 29, 2000]
Sec. 20.13 State petitions for authority to regulate rates.
(a) States may petition for authority to regulate the intrastate
rates of any commercial mobile radio service. The petition must include
the following:
(1) Demonstrative evidence that market conditions in the state for
commercial mobile radio services do not adequately protect subscribers
to such services from unjust and unreasonable rates or rates that are
unjustly or unreasonably discriminatory. Alternatively, a state's
petition may include demonstrative evidence showing that market
conditions for commercial mobile radio services do not protect
subscribers adequately from unjust and unreasonable rates, or rates that
are unjustly or unreasonably discriminatory, and that a substantial
portion of the commercial mobile radio service subscribers in the state
or a specified geographic area have no alternative means of obtaining
basic telephone service. This showing may include evidence of the range
of basic telephone service alternatives available to consumers in the
state.
(2) The following is a non-exhaustive list of examples of the types
of evidence, information, and analysis that may be considered pertinent
to determine market conditions and consumer protection by the Commission
in reviewing any petition filed by a state under this section:
(i) The number of commercial mobile radio service providers in the
state, the types of services offered by commercial mobile radio service
providers in the state, and the period of time that these providers have
offered service in the state;
(ii) The number of customers of each commercial mobile radio service
provider in the state; trends in each provider's customer base during
the most recent annual period or other data covering another reasonable
period if annual data is unavailable; and annual revenues and rates of
return for each commercial mobile radio service provider;
(iii) Rate information for each commercial mobile radio service
provider, including trends in each provider's rates during the most
recent annual period or other data covering another reasonable period if
annual data is unavailable;
(iv) An assessment of the extent to which services offered by the
commercial mobile radio service providers the
[[Page 14]]
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 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.
[[Page 15]]
(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) or mobile telephony are required to file
reports pursuant to Sec. Sec. 1.7000 and 43.11 of this chapter to the
extent that they meet the thresholds as set out in Sec. Sec. 1.7001(b)
and 43.11(a) of this chapter. For purposes of this section mobile,
telephony is defined as real-time, two-way switched voice service that
is interconnected with the public switched network utilizing an in-
network switching facility that enables the provider to reuse
frequencies and accomplish seamless handoff of subscriber calls.
(2) Seek authority for interlocking directors (section 212 of the
Communications Act);
(3) Submit applications for new facilities or discontinuance of
existing facilities (section 214 of the Communications Act).
(c) Commercial mobile radio service providers shall not file tariffs
for international and interstate service to their customers, interstate
access service, or international and interstate operator service.
Sections 1.771 through 1.773 and part 61 of this chapter are not
applicable to international and interstate services provided by
commercial mobile radio service providers. Commercial mobile radio
service providers shall cancel tariffs for international and interstate
service to their customers, interstate access service, and international
and interstate operator service.
(d) Except as specified as in paragraphs (d)(1) and (2), nothing in
this section shall be construed to modify the Commission's rules and
policies on the provision of international service under part 63 of this
chapter.
(1) Notwithstanding the provisions of Sec. 63.21(c) of this
chapter, a commercial mobile radio service provider is not required to
comply with Sec. 42.10 of this chapter.
(2) A commercial mobile radio service (CMRS) provider that is
classified as dominant under Sec. 63.10 of this chapter due to an
affiliation with a foreign carrier is required to comply with Sec.
42.11 of this chapter if the affiliated foreign carrier collects
settlement payments from U.S. carriers for terminating U.S.
international switched traffic at the foreign end of the route. Such a
CMRS provider is not required to comply with Sec. 42.11, however, if it
provides service on the affiliated route solely through the resale of an
unaffiliated facilities-based provider's international switched
services.
(3) For purposes of paragraphs (d)(1) and (2) of this section,
affiliated and foreign carrier are defined in Sec. 63.09 of this
Chapter.
(e) For obligations of commercial mobile radio service providers to
provide local number portability, see Sec. 52.1 of this chapter.
[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38637, July 25, 1996;
63 FR 43040, Aug. 11, 1998; 65 FR 19685, Apr. 12, 2000; 65 FR 24654,
Apr. 27, 2000; 66 FR 16879, Mar. 28, 2001]
[[Page 16]]
Sec. 20.18 911 Service.
(a) Scope of section. The following requirements are only applicable
to Broadband Personal Communications Services (part 24, subpart E of
this chapter), Cellular Radio Telephone Service (part 22, subpart H of
this chapter), and Geographic Area Specialized Mobile Radio Services and
Incumbent Wide Area SMR Licensees in the 800 MHz and 900 MHz bands
(included in part 90, subpart S of this chapter) and those entities that
offer voice service to consumers by purchasing airtime or capacity at
wholesale rates from these licensees, collectively CMRS providers. In
addition, service providers in these enumerated services are subject to
the following requirements solely to the extent that they offer real-
time, two way switched voice service that is interconnected with the
public switched network and utilize an in-network switching facility
which enables the provider to reuse frequencies and accomplish seamless
hand-offs of subscriber calls.
(b) Basic 911 Service. 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 17]]
(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 18]]
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 19]]
(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]
Effective Date Note: At 68 FR 2918, Jan. 22, 2003, Sec. 20.18,
paragraph (j) was revised.
[[Page 20]]
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.
Sec. 20.19 Hearing aid-compatible mobile handsets.
(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. This
section also applies to the manufacturers of the wireless phones used in
delivery of these services.
(b) Technical standard for hearing aid compatibility. A wireless
phone used for public mobile radio 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.
(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 service must:
(i) Include in their 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;
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 handset
models the carrier offers nationwide.
(3) Each Tier I carrier must:
(i) Include in their handset offerings at least two handset models
or 25 percent of the total number of unique 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), whichever is greater, for each 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
(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
[[Page 21]]
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 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]
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
[[Page 22]]
may be staffed by personnel of its affiliated incumbent LEC, housed in
existing offices of its affiliated incumbent LEC, and use its affiliated
incumbent LEC's marketing and other services, subject to paragraphs
(a)(3) and (c) of this section.
(c) Joint marketing. Joint marketing of local exchange and exchange
access service and CMRS services by an incumbent LEC shall be subject to
part 32 of this chapter. In addition, such agreements between the
affiliate and the incumbent LEC must be reduced to writing and made
available for public inspection upon request at the principle place of
business of the affiliate and the incumbent LEC. The documentation must
include a certification statement identical to the certification
statement currently required to be included with all Automated Reporting
and Management Information Systems (ARMIS) reports. The affiliate must
also provide a detailed written description of the terms and conditions
of the transaction on the Internet within 10 days of the transaction
through the affiliate's home page.
(d) Exceptions. (1) Rural telephone companies. Rural telephone
companies are exempted from the requirements set forth in paragraphs
(a), (b) and (c) of this section. A competing telecommunications
carrier, interconnected with the rural telephone company, however, may
petition the FCC to remove the exemption, or the FCC may do so on its
own motion, where the rural telephone company has engaged in
anticompetitive conduct.
(2) Incumbent LECs with fewer than 2 percent of subscriber lines.
Incumbent LECs with fewer than 2 percent of the nation's subscriber
lines installed in the aggregate nationwide may petition the FCC for
suspension or modification of the requirements set forth in paragraphs
(a), (b) and (c) of this section. The FCC will grant such a petition
where the incumbent LEC demonstrates that suspension or modification of
the separate affiliate requirement is
(i) Necessary to avoid a significant adverse economic impact on
users of telecommunications services generally or to avoid a requirement
that would be unduly economically burdensome, and
(ii) Consistent with the public interest, convenience, and
necessity.
(e) Definitions. Terms used in this section have the following
meanings:
Affiliate. ``Affiliate'' means a person that (directly or
indirectly) owns or controls, is owned or controlled by, or is under
common ownership with, another person. For purposes of this section, the
term ``own'' means to own an equity interest (or the equivalent thereof)
of more than 10 percent.
Broadband Commercial Mobile Radio Service (Broadband CMRS). For the
purposes of this section, ``broadband CMRS'' means Cellular
Radiotelephone Service (part 22, subpart H of this chapter), Specialized
Mobile Radio (part 90, subpart S of this chapter), and broadband
Personal Communications Services (part 24, subpart E of this chapter).
Incumbent Local Exchange Carrier (Incumbent LEC). ``Incumbent LEC''
has the same meaning as that term is defined in Sec. 51.5 of this
chapter.
In-region. For the purposes of this section, an incumbent LEC's
broadband CMRS service is considered ``in-region'' when 10 percent or
more of the population covered by the CMRS affiliate's authorized
service area, as determined by the 1990 census figures, is within the
affiliated incumbent LEC's wireline service area.
Rural Telephone Company. ``Rural Telephone Company'' has the same
meaning as that term is defined in Sec. 51.5 of this chapter.
(f) Sunset. This section will no longer be effective after January
1, 2002.
[62 FR 63871, Dec. 3, 1997, as amended at 66 FR 10968, Feb. 21, 2001]
PART 21_DOMESTIC PUBLIC FIXED RADIO SERVICES--Table of Contents
Subpart A_General
Sec.
21.1 Scope and authority.
21.2 Definitions.
Subpart B_Applications and Licenses
General Filing Requirements
21.3 Station authorization required.
21.4 Eligibility for station license.
[[Page 23]]
21.5 Formal and informal applications.
21.6 Filing of applications, fees, and number of copies.
21.7 Standard application form for domestic public fixed radio service
licenses.
21.8-21.10 [Reserved]
21.11 Miscellaneous forms.
21.12 [Reserved]
21.13 General application requirements.
21.14 [Reserved]
21.15 Technical content of applications.
21.16 [Reserved]
21.17 Certification of financial qualifications.
21.18 [Reserved]
21.19 Waiver of rules.
21.20 Defective applications.
21.21 Inconsistent or conflicting applications.
21.22 Repetitious applications.
21.23 Amendment of applications.
21.24 [Reserved]
21.25 Application for temporary authorizations.
Processing of Applications
21.26 Receipt of applications.
21.27 Public notice period.
21.28 Dismissal and return of applications.
21.29 Ownership changes and agreements to amend or to dismiss
applications or pleadings.
21.30 Opposition to applications.
21.31 Mutually exclusive applications.
21.32 Consideration of applications.
21.33 Grants by random selection.
21.34 [Reserved]
21.35 Comparative evaluation of mutually exclusive applications.
21.36-21.37 [Reserved]
License Transfers, Modifications, Conditions and Forfeitures
21.38 Assignment or transfer of station authorization.
21.39 Considerations involving transfer or assignment applications.
21.40 Modification of station license.
21.41 Special processing of applications for minor facility
modifications.
21.42 Certain modifications not requiring prior authorization.
21.43 Period of construction; certification of completion of
construction.
21.44 Forfeiture and termination of station authorization.
21.45 License period.
21.50 [Reserved]
Subpart C_Technical Standards
21.100 Frequencies.
21.101 Frequency tolerance.
21.102-21.104 [Reserved]
21.105 Bandwidth.
21.106 Emission limitations.
21.107 Transmitter power.
21.108 [Reserved]
21.109 Antenna and antenna structures.
21.110 Antenna polarization.
21.111 Use of common antenna structure.
21.112 Marking of antenna structures.
21.113 Quiet zones and Arecibo Coordination Zone.
21.114-21.115 [Reserved]
21.116 Topographical data.
21.117 Transmitter location.
21.118 Transmitter construction and installation.
21.119 [Reserved]
21.120 Authorization of transmitters.
21.121 [Reserved]
21.122 Microwave digital modulation.
Subpart D_Technical Operation
21.200 Station inspection.
21.201 Posting of station license.
21.202-21.208 [Reserved]
21.209 Communications concerning safety of life and property.
21.210 Operation during emergency.
21.211 Suspension of transmission.
Subpart E_Miscellaneous
21.300 [Reserved]
21.301 National defense; free service.
21.302 Answers to notices of violation.
21.303 Discontinuance, reduction or impairment of service.
21.304 Tariffs, reports, and other material required to be submitted to
the Commission.
21.305 Reports required concerning amendments to charters and
partnership agreements.
21.306 Requirement that licensees respond to official communications.
21.307 Equal employment opportunities.
Subpart F_Developmental Authorizations
21.400 Eligibility.
21.401 Scope of service.
21.402 Adherence to program of research and development.
21.403 Special procedure for the development of a new service or for the
use of frequencies not in accordance with the provisions of
the rules in this part.
21.404 Terms of grant; general limitations.
21.405 Supplementary showing required.
21.406 Developmental report required.
Subparts G-J [Reserved]
Subpart K_Multipoint Distribution Service
21.900 Eligibility.
21.901 Frequencies.
21.902 Interference.
21.903 Purpose and permissible service.
21.904 EIRP limitations.
21.905 Emissions and bandwidth.
[[Page 24]]
21.906 Antennas.
21.907 [Reserved]
21.908 Transmitting equipment.
21.909 MDS response stations.
21.910 Special procedures for discontinuance, reduction or impairment of
service by common carrier licensees.
21.911 Annual reports.
21.912 Cable television company eligibility requirements and MDS/cable
cross-ownership.
21.913 Signal booster stations.
21.914 Mutually-exclusive MDS applications.
21.915 One-to-a-market requirement.
21.920 Applicability of cable television EEO requirements to MDS and
MMDS facilities.
21.921 Basis and purpose for electronic filing and competitive bidding
process.
21.922 Authorized frequencies.
21.923 Eligibility.
21.924 Service areas.
21.925 Applications for BTA authorizations and MDS station licenses.
21.926 Amendments to long-form applications.
21.927 Sole bidding applicants.
21.928 Acceptability of short- and long-form applications.
21.929 Authorization period for station licenses.
21.930 Five-year build-out requirements.
21.931 Partitioned service areas (PSAs).
21.932 Forfeiture of incumbent MDS station licenses.
21.933 Protected service areas.
21.934 Assignment or transfer of control of BTA authorizations.
21.935 Assignment or transfer of control of station licenses within a
BTA.
21.936 Cancellation of authorization.
21.937 Negotiated interference protection.
21.938 BTA and PSA technical and interference provisions.
21.939 Harmful interference abatement.
21.940 Non-subscription MDS service.
21.941-21.948 [Reserved]
21.949 Individually licensed 125 kHz channel MDS response stations.
21.950 MDS subject to competitive bidding.
21.951-21.953 [Reserved]
21.954 Submission of up front payments.
21.955 [Reserved]
21.956 Filing of long-form applications or statements of intention.
21.957 Comments on statements of intention.
21.958 Issuance of BTA licenses.
21.959 [Reserved]
21.960 Designated entity provisions for MDS.
21.961 [Reserved]
Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073, 1076,
1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151, 154, 201-
205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47 U.S.C. 552,
554.
Source: 44 FR 60534, Oct. 19, 1979, unless otherwise noted.
Subpart A_General
Sec. 21.1 Scope and authority.
(a) The purpose of the rules and regulations in this part is to
prescribe the manner in which portions of the radio spectrum may be made
available for domestic communication common carrier and multipoint
distribution service non-common carrier operations which require
transmitting facilities on land or in specified offshore coastal areas
within the continental shelf.
(b) The rules in this part are issued pursuant to the authority
contained in Titles I through III of the Communications Act of 1934, as
amended, which vest authority in the Federal Communications Commission
to regulate common carriers of interstate and foreign communications, to
regulate radio transmissions and issue licenses for radio stations, and
to regulate all interstate and foreign communications by wire and radio
necessary to the accomplishment of the purposes of the Act.
(c) Unless otherwise specified, the section numbers referenced in
this part are contained in chapter I, title 47 of the Code of Federal
Regulations.
[52 FR 37776, Oct. 9, 1987]
Sec. 21.2 Definitions.
As used in this part:
Antenna power gain. The square of the ratio of the root-mean-square
free space field intensity produced at one mile in the horizontal plane,
in millivolts per meter for one kilowatt antenna input power to 137.6
mV/m. This ratio should be expressed in decibels (dB). (If specified for
a particular direction, antenna power gain is based on the field
strength in that direction only.)
Antenna power input. The radio frequency peak or RMS power, as the
case may be, supplied to the antenna from the antenna transmission line
and its associated impedance matching network.
[[Page 25]]
Antenna structures. The antenna, its supporting structure and
anything attached to it.
Assigned frequency. The centre of the frequency band assigned to a
station.
Authorized bandwidth. The maximum width of the band of frequencies
permitted to be used by a station. This is normally considered to be the
necessary or occupied bandwidth, whichever is greater.
Authorized frequency. The frequency, or frequency range, assigned to
a station by the Commission and specified in the instrument of
authorization.
Authorized power. The maximum power a station is permitted to use.
This power is specified by the Commission in the station's
authorization.
Bandwidth occupied by an emission. The band of frequencies
comprising 99 percent of the total radiated power extended to include
any discrete frequency on which the power is at least 0.25 percent of
the total radiated power.
Basic Trading Area (BTA). The geographic areas by which the
Multipoint Distribution Service is licensed. BTA boundaries are based on
the Rand McNally 1992 Commercial Atlas and Marketing Guide, 123rd
Edition, pp. 36-39, and include six additional BTA-like areas as
specified in Sec. 21.924(b).
Bit rate. The rate of transmission of information in binary (two
state) form in bits per unit time.
Booster service area. A geographic area to be designated by an
applicant for a booster station, within which the booster station shall
be entitled to protection against interference as set forth in this
part. The booster service area must be specified by the applicant so as
to not overlap the booster service area of any other booster authorized
to or proposed by the applicant. However, a booster station may provide
service to receive sites outside of its booster service area, at the
licensee's risk of interference.
BTA authorization holder. The individual or entity authorized by the
Commission to provide Multipoint Distribution Service to the population
of a BTA.
BTA service area. The area within the boundaries of a BTA to which a
BTA authorization holder may provide Multipoint Distribution Service.
This area excludes the protected service areas of incumbent MDS stations
and previously proposed and authorized ITFS facilities, including
registered receive sites.
Carrier. In a frequency stabilized system, the sinusoidal component
of a modulated wave whose frequency is independent of the modulating
wave; or the output of a transmitter when the modulating wave is made
zero; or a wave generated at a point in the transmitting system and
subsequently modulated by the signal; or a wave generated locally at the
receiving terminal which when combined with the side bands in a suitable
detector, produces the modulating wave.
Carrier frequency. The output of a transmitter when the modulating
wave is made zero.
Channel. Unless otherwise specified, a channel under this part shall
refer to a 6 MHz frequency block assigned pursuant to Sec. Sec.
21.901(b) or 74.902(a) of this chapter.
Communication common carrier. Any person engaged in rendering
communication service for hire to the public.
Control point. A control point is an operating position at which an
operator responsible for the operation of the transmitter is stationed
and which is under the control and supervision of the licensee.
Control station. A fixed station whose transmissions are used to
control automatically the emissions or operations of another radio
station at a specified location, or to transmit automatically to an
alarm center telemetering information relative to the operation of such
station.
Coordination distance. For the purpose of this part, the expression
``coordination distance'' means the distance from an earth station,
within which there is a possibility of the use of a given transmitting
frequency at this earth station causing harmful interference to stations
in the fixed or mobile service, sharing the same band, or of the use of
a given frequency for reception at this earth station receiving harmful
interference from such stations in the fixed or mobile service.
Digital modulation. The process by which some characteristic
(frequency,
[[Page 26]]
phase, amplitude or combinations thereof) of a carrier frequency is
varied in accordance with a digital signal, e.g. one consisting of coded
pulses or states.
Documented complaint. A complaint that a party is suffering from
non-consensual interference. A documented complaint must contain a
certification that the complainant has contacted the operator of the
allegedly offending facility and tried to resolve the situation prior to
filing. The complaint must then specify the nature of the interference,
whether the interference is constant or intermittent, when the
interference began and the site(s) most likely to be causing the
interference. The complaint should be accompanied by a videotape or
other evidence showing the effects of the interference. The complaint
must contain a motion for a temporary order to have the interfering
station cease transmitting. The complaint must be filed with the
Secretary's office and served on the allegedly offending party.
Domestic fixed public service. A fixed service, the stations of
which are open to public correspondence, for radiocommunications
originating and terminating solely at points all of which lie within:
(a) The State of Alaska;
(b) The State of Hawaii;
(c) The contiguous 48 States and the District of Columbia; or
(d) A single possession of the United States. Generally, in cases
where service is afforded on frequencies above 72 MHz, radio-
communications between the contiguous 48 States (including the District
of Columbia) and Canada or Mexico, or radiocommunications between the
State of Alaska and Canada, are deemed to be in the domestic fixed
public service.
Domestic public radio services. The land mobile and domestic fixed
public services the stations which are open to public correspondence.
Note: Part 80 of this chapter is applicable to the maritime services
and fixed stations associated with the maritime services; part 87 of
this chapter is applicable to aeronautical services.
Earth station. A station located either on the earth's surface or
within the major portion of the earth's atmosphere and intended for
communications:
(a) With one or more space stations; or
(b) With one or more stations of the same kind by means of one or
more reflecting satellites or other objects in space.
Effective radiated power (ERP). The product of the power supplied to
the antenna and its gain relative to a half-wave dipole in a given
direction.
Equivalent Isotropically Radiated Power (EIRP). The product of the
power supplied to the antenna and the antenna gain in a given direction
relative to an isotropic antenna. This product may be expressed in watts
or dB above 1 watt (dBW).
Facsimile. A form of telegraphy for the transmission of fixed
images, with or without half-tones, with a view to their reproduction in
a permanent form.
Fixed earth station. An earth station intended to be used at a
specified fixed point.
Fixed station. A station in the fixed service.
Frequency tolerance. The maximum permissible departure by the centre
frequency of the frequency band occupied by an emission from the
assigned frequency or, by the characteristic frequency of an emission
from the reference frequency. The frequency tolerance is expressed as a
percentage or in Hertz.
Harmful interference. Interference which endangers the functioning
of a radionavigation service or of other safety services or seriously
degrades, obstructs, or repeatedly interrupts a radiocommunication
service.
Incumbent. An MDS station that was authorized or proposed before
September 15, 1995, including those stations that are subsequently
modified, renewed or reinstated.
Landing area. A landing area means any locality, either of land or
water, including airports and intermediate landing fields, which is
used, or approved for use for the landing and take-off of aircraft,
whether or not facilities are provided for the shelter, servicing, or
repair of aircraft, or for receiving or discharging passengers or cargo.
[[Page 27]]
Microwave frequencies. As used in this part, this term refers to
frequencies of 890 MHz and above.
Multichannel Multipoint Distribution Service (MMDS). Those
Multipoint Distribution Service Channels that use the frequency band
2596 MHz to 2644 MHz and associated 125 kHz channels.
Multipoint Distribution Service (MDS). A domestic public radio
service rendered on microwave frequencies from one or more fixed
stations transmitting to multiple receiving facilities located at fixed
points. MDS also may encompass transmissions from response stations to
response station hubs or associated fixed stations.
Multipoint Distribution Service response station. A fixed station
operated by an MDS licensee, the lessee of MDS channel capacity or a
subscriber of either to communicate with a response station hub or
associated MDS station. A response station under this part may share
facilities with other MDS response stations and/or one or more
Instructional Television Fixed Service (ITFS) response stations
authorized pursuant to Sec. 74.939 of this chapter or Sec. 74.940 of
this chapter.
Necessary bandwidth of emission. For a given class of emission, the
width of the frequency band that is just sufficient to ensure the
transmission of information at the rate and with the quality required
under specified conditions.
Note: The necessary bandwidth for an emission may be calculated
using the formulas in Sec. 2.202 of this chapter.
Partitioned service area authorization holder. The individual or
entity authorized by the Commission to provide Multipoint Distribution
Service to the population of a partitioned service area.
Partitioned service area (PSA). The area within the coterminous
boundaries of one of more counties or other geopolitical subdivisions,
drawn from a BTA, to which an authorization holder may provide
Multipoint Distribution Service or the area remaining in a BTA upon
partitioning any portion of that BTA. This area excludes the protected
service areas of incumbent MDS stations and previously proposed and
authorized ITFS stations, including registered receive sites.
Private line service. A service whereby facilities for communication
between two or more designated points are set aside for the exclusive
use or availability for use of a particular customer and authorized
users during stated periods of time.
Public correspondence. Any telecommunication which the offices and
stations, by reason of their being at the disposal of the public, must
accept for transmission.
Radio station. A separate transmitter or a group of transmitters
under simultaneous common control, including the accessory equipment
required for carrying on a radiocommunication service.
Radiocommunication. Telecommunication by means of radio waves.
Rated power output. The term ``rated power output'' of a transmitter
means the normal radio frequency power output capability (Peak or
Average Power) of a transmitter, under optimum conditions of adjustment
and operation, specified by its manufacturer.
Record communication. Any transmission of intelligence which is
reduced to visual record form at the point of reception.
Reference frequency. A frequency having a fixed and specified
position with respect to the assigned frequency. The displacement of
this frequency with respect to the assigned frequency has the same
absolute value and sign that the displacement of the characteristic
frequency has with respect to the center of the frequency band occupied
by the emission.
Relay station. A fixed station used for the reception and
retransmission of the signals of another station or stations.
Repeater station. A fixed station established for the automatic
retransmission of radiocommunications received from one or more stations
and directed to a specified receiver site.
Response station hub. A fixed facility licensed to an MDS licensee,
and operated by an MDS licensee or the lessee of an MDS facility, for
the reception of information transmitted by one or more MDS response
stations that utilize digital modulation. A response station hub
licensed under this part may
[[Page 28]]
share facilities with other MDS response station hubs, ITFS response
station hubs authorized pursuant to Sec. 74.939 of this chapter, MDS
signal booster stations, ITFS signal booster stations, MDS stations,
and/or ITFS stations.
Response station hub license. A blanket license authorizing the
operation of a single response station hub at a specific location and
the operation of a specified number of associated digital response
stations of one or more classes at unspecified locations within one or
more regions of the response service area.
Sectorization. The use of an antenna system at an MDS station,
booster station and/or response station hub that is capable of
simultaneously transmitting multiple signals over the same frequencies
to different portions of the service area and/or simultaneously
receiving multiple signals over the same frequencies from different
portions of the service area.
Signal Booster Station. An MDS station licensed for use in
accordance with Sec. 21.913 that operates on one or more MDS channels.
Signal booster stations are intended to augment service as part of a
distributed transmission system where signal booster stations retransmit
the signals of one or more MDS stations and/or originate transmissions
on MDS channels. A signal booster station licensed under this part may
share facilities with other MDS signal booster stations, ITFS signal
booster stations authorized pursuant to Sec. 74.985 of this chapter,
MDS response station hubs and/or ITFS response station hubs.
Standby transmitter. A transmitter installed and maintained for use
in lieu of the main transmitter only during periods when the main
transmitter is out of service for maintenance or repair.
Symbol rate. Modulation rate in bauds. This rate may be higher than
the transmitted bit rate as in the case of coded pulses or lower as in
the case of multilevel transmission.
Television. A form of telecommunication for transmission of
transient images of fixed or moving objects.
Television STL station (studio transmitter link). A fixed station
used for the transmission of television program material and related
communications from a studio to the transmitter of a television
broadcast station.
[61 FR 26671, May 28, 1996, as amended at 63 FR 65100, Nov. 25, 1998; 64
FR 63730, Nov. 22, 1999]
Subpart B_Applications and Licenses
General Filing Requirements
Sec. 21.3 Station authorization required.
(a) No person shall use or operate apparatus for the transmission of
energy or communications or signals by radio except under, and in
accordance with, an appropriate authorization granted by the Federal
Communications Commission. Except as otherwise provided herein, no
construction or modification of a station may be commenced without an
authorization from the Commission. Authorizations for domestic public
fixed radio services are governed by the provisions of this part.
(b) If construction and or operation may have a significant
environmental impact as defined by Sec. 1.1307 of the Commission's
rules, the requisite environmental assessment as prescribed in Sec.
1.1311 of this chapter must be filed with the application and Commission
environmental review must be completed before construction of the
station is initiated. See Sec. 1.1312 of this chapter.
[52 FR 37777, Oct. 9, 1987, as amended at 55 FR 20397, May 16, 1990; 61
FR 26673, May 28, 1996]
Sec. 21.4 Eligibility for station license.
A station license may not be granted to or held by:
(a) Any alien or the representative of any alien.
(b) Any foreign government or the representative thereof.
(c) Any corporation organized under the laws of any foreign
government.
(d) Any corporation of which more than one-fifth of the capital
stock is owned of record or voted by: aliens or their representatives; a
foreign government or representatives thereof; or any corporation
organized under the laws of a foreign country.
[[Page 29]]
(e) Any corporation directly or indirectly controlled by any other
corporation of which more than one-fourth of the capital stock is owned
of record or voted by aliens or their representatives, or by a foreign
government or representative thereof, or by any corporation organized
under the laws of a foreign government, if the Commission finds that the
public interest will be served by the refusal or revocation of such
license.
[44 FR 60534, Oct. 19, 1979, as amended at 61 FR 55580, Oct. 28, 1996]
Sec. 21.5 Formal and informal applications.
(a) Except for an authorization under any of the proviso clauses of
section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a)), the
Commission shall grant the following authorizations only upon written
application: Station licenses; modifications of station licenses;
renewals of station licenses; extensions of time to construct; transfers
and assignments of station licenses or of any rights thereunder.
(b) Except as may be otherwise permitted by this part, a separate
written application shall be filed for each instrument of authorization
requested. Applications may be:
(1) ``Formal applications'' where the Commission has prescribed in
this part a standard form; or
(2) ``Informal applications'' (normally in letter form) where the
Commission has not prescribed a standard form.
(c) An informal application will be accepted for filing only if:
(1) A standard form is not prescribed or clearly applicable to the
authorization requested;
(2) It is a document submitted, in duplicate, with a caption which
indicates clearly the nature of the request, radio service involved,
location of the station, and the application file number (if known); and
(3) It contains all the technical details and informational showings
required by the rules and states clearly and completely the facts
involved and authorization desired.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37777, Oct. 9, 1987]
Sec. 21.6 Filing of applications, fees, and number of copies.
(a) As prescribed by Sec. Sec. 21.7 and 21.11 of this part,
standard formal application forms applicable to the radio services
included in this part may be obtained from either:
(1) Federal Communications Commission, Washington, DC 20554; or
(2) Any of the Commission's field operations offices, the addresses
of which are listed in Sec. 0.121.
(b) Applications requiring fees as set forth in part 1, subpart G of
this chapter must be filed in accordance with Sec. 0.401(b) of this
chapter. Applications not requiring fees shall be submitted to: Federal
Communications Commission, Washington, DC 20554.
(c) All correspondence or amendments concerning a submitted
application shall clearly identify the radio service, the name of the
applicant, station location, and the Commission file number (if known)
or station call sign of the application involved. All correspondence or
amendments concerning a submitted application may be sent directly to
the Wireless Telecommunications Bureau.
(d) Except as otherwise specified, all applications, amendments, and
correspondence shall be submitted in duplicate, including exhibits and
attachments thereto, and shall be signed as prescribed by Sec. 1.743.
(e) Each application shall be accompanied by the appropriate fee
prescribed by, and submitted in accordance with, subpart G of part 1 of
this chapter.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 10230, Mar. 31, 1987;
52 FR 37777, Oct. 9, 1987; 58 FR 19774, Apr. 16, 1993; 61 FR 26673, May
28, 1996; 67 FR 13230, Mar. 21, 2002]
Sec. 21.7 Standard application form for domestic public fixed radio
service licenses.
Except for the Multipoint Distribution Service, FCC Form 494 (
``Application for a New and Modified Microwave Radio Station License
Under Part 21'' ) shall be submitted and a license granted for each
station prior to commencement of any proposed station construction. FCC
Form 494 also shall be submitted to amend any license application, to
modify any license pursuant to
[[Page 30]]
Sec. Sec. 21.40(a) and 21.41, to notify the Commission of modifications
made pursuant to Sec. 21.42, and to delete licensed facilities. FCC
Form 494A shall be submitted to certify completion of construction.
[52 FR 37777, Oct. 9, 1987, as amended at 60 FR 36551, July 17, 1995]
Sec. Sec. 21.8-21.10 [Reserved]
Sec. 21.11 Miscellaneous forms.
(a) Licensee qualifications. FCC Form 430 (``Licensee Qualification
Report'') must be filed annually, no later than March 31 for the end of
the preceding calendar year, unless the licensee operates solely on a
common carrier basis and service was not offered at any time during the
preceding year. Each annual filing must include all changes of
information required by FCC Form 430 that occurred during the preceding
year. In those cases in which there has been no change in any of the
required information, the applicant or licensee, in lieu of submitting a
new form, may so notify the Commission by letter.
(b) Additional time to construct--FCC Form 701 (``Application for
Additional Time to Construct Radio Station'') shall be filed in
duplicate by a licensee prior to the expiration of the time for
construction noted in a license if a licensee seeks to modify the
license by extending the period of construction.
(c) Renewal of station license. Except for renewal of special
temporary authorizations, FCC Form 405 (``Application for Renewal of
Station License'') must be filed in duplicate by the licensee between
thirty (30) and sixty (60) days prior to the expiration date of the
license sought to be renewed. Whenever a group of station licenses in
the same radio service are to be renewed simultaneously, a single
``blanket'' application may be filed to cover the entire group, if the
application identifies each station by call sign and station location
and if two copies are provided for each station affected. Applicants
should note also any special renewal requirements under the rules for
each radio service.
(d) Assignment of license. FCC Form 305 (``Application for Consent
to Assignment of Radio Station Construction Authorization or License
(for Stations in Services Other than Broadcast)'') must be submitted to
assign voluntarily (as by, for example, contract or other agreement) or
involuntarily (as by, for example, death, bankruptcy, or legal
disability) the station license or conditional license. In the case of
involuntary assignment, the application must be filed within 30 days of
the event causing the assignment. FCC Form 305 also must be used for
nonsubstantial (pro forma) assignments. In addition, FCC Form 430 must
be submitted by the proposed assignee unless such assignee has a current
and substantially accurate report on file with the Commission. Whenever
a group of station licenses or conditional licenses in the same radio
service is to be assigned to a single assignee, a single ``blanket''
application may be filed to cover the entire group, if the application
identifies each station by call sign and station location and if two
copies are provided for each station affected. The assignment must be
completed within 45 days from the date of authorization. Upon
consummation of an approved assignment, the Commission must be notified
by letter of the date of consummation within 10 days of its occurrence.
(e) Partial assignment of license. In the microwave services,
authorization for assignment from one company to another of only a part
or portions of the facilities (transmitters) authorized under an
existing license (as distinguished from an assignment of the facilities
in their entirety) may be granted upon application:
(1) By the assignee on FCC Form 494 and
(2) By the assignor on FCC Form 494 for deletion of the assigned
facilities, indicating concurrence in the assignee's request.
The assignment shall be consummated within 45 days from the date of
authorization. In the event that consummation does not occur, FCC Form
494 shall be submitted to return the assignor's license to its original
condition.
Editorial Note: At 63 FR 65100, Nov. 25, 1999, paragraphs (f) and
(g) were redesignated as paragraphs (e) and (f) and newly designated
paragraph (e) was revised. However,
[[Page 31]]
paragraph (e) already exists. The text of the newly redesignated
paragraph (e) follows.
(e) Transfer of control of corporation holding a conditional license
or license. FCC Form 306 (``Application for Consent to Transfer of
Control'') must be submitted in order to voluntarily or involuntarily
transfer control (de jure or de facto) of a corporation holding any
conditional licenses or licenses. In the case of involuntary transfer of
control, the application must be filed within 30 days of the event
causing the transfer of control. FCC Form 306 also must be used for
nonsubstantial (pro forma) transfers of control. In addition, FCC Form
430 must be submitted by the proposed transferee unless such transferee
has a current and substantially accurate report on file with the
Commission. Whenever control of a corporation holding a group of station
licenses or conditional licenses in the same radio service is to be
transferred to a single transferee, a single ``blanket'' application may
be filed to cover the entire transfer, if the application identifies
each station by call sign and station location and if two copies are
provided for each station affected. The transfer must be completed
within 45 days from the date of authorization. Upon consummation of an
approved transfer, the Commission must be notified by letter of the date
of consummation within 10 days of its occurrence.
(f) Antenna Structure Registration. FCC Form 854 (Application for
Antenna Structure Registration) accompanied by a final Federal Aviation
Administration (FAA) determination of ``no hazard'' must be filed by the
antenna structure owner to receive an antenna structure registration
number. Criteria used to determine whether FAA notification and
registration is required for a particular antenna structure are
contained in Part 17 of this chapter.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27554, July 22, 1987;
52 FR 37777, Oct. 9, 1987; 56 FR 57815, Nov. 14, 1991; 61 FR 4364, Feb.
6, 1996; 63 FR 65100, Nov. 25, 1998; 64 FR 63730, Nov. 22, 1999]
Sec. 21.12 [Reserved]
Sec. 21.13 General application requirements.
(a) Each application for a license or for consent to assignment or
transfer of control shall:
(1) Disclose fully the real party (or parties) in interest,
including (as required) a complete disclosure of the identify and
relationship of those persons or entities directly or indirectly owning
or controlling (or both) the applicant;
(2) Demonstrate the applicant's legal, financial, technical, and
other qualifications to be a permittee or licensee;
(3) Submit the information required by the Commission's Rules,
requests, and application forms;
(4) Except for applications in the Multipoint Distribution Service
filed on or after September 15, 1995, state specifically the reasons why
a grant of the proposal would serve the public interest, convenience,
and necessity.
(5) Be maintained by the applicant substantially accurate and
complete in all significant respects in accordance with the provisions
of Sec. 1.65 of this chapter; and
(6) Show compliance with the special requirements applicable to each
radio service and make all special showings that may be applicable
(e.g., those required by secs. 21.900, 21.912 and 21.913).
(b) Applications filed in the Multipoint Distribution Service shall
not cross-reference previously filed material.
(c) In addition to the general application requirements of
Sec. Sec. 21.13 through 21.17 of this part, applicants shall submit any
additional documents, exhibits, or signed written statements of fact:
(1) As may be required by the other parts of the Commission's Rules,
and the other subparts of Part 21 (particularly Subpart C and those
subparts applicable to the specific radio service involved); and
(2) As the Commission, at any time after the filing of an
application and during the term of any authorization, may require from
any applicant, permittee, or licensee to enable it to determine whether
a radio authorization should be granted, denied, or revoked.
[[Page 32]]
(d) Except when the Commission has declared explicitly to the
contrary, an informational requirement does not in itself imply the
processing treatment of decisional weight to be accorded the response.
(e) All applicants are required to indicate at the time their
application is filed whether an authorization of the facilities is
categorically excluded as defined by Sec. 1.1306 of the Commission's
rules. If answered affirmatively, an Environmental Assessment as
described by Sec. 1.1311, need not be filed with the application.
(f) Whenever an individual applicant, or a partner (in the case of a
partnership) or a full time manager (in the case of a corporation) will
not actively participate in the day-to-day management and operation of
proposed facilities, the applicant or licensee will submit a statement
containing the reasons therefor and disclosing the details of the
proposed operation, including a demonstration of how control over the
radio facilities will be retained by the applicant. If the operation of
a radio station is to be accomplished by contractual arrangement with an
entity unrelated to an applicant or licensee, the applicant or licensee
shall file a copy of the agreement or contract which shall demonstrate
that:
(1) The operation is accomplished according to general instructions
provided for by the applicant;
(2) The applicant retains effective control over the radio
facilities and their operations; and
(3) The applicant assumes full responsibility for both the quality
of service and for contractor compliance with the Commission's Rules.
[44 FR 60534, Oct. 19, 1979, as amended at 47 FR 29244, July 6, 1982; 51
FR 15003, Apr. 22, 1986; 52 FR 37778, Oct. 9, 1987; 55 FR 46008, Oct.
31, 1990; 58 FR 19774, Apr. 16, 1993; 58 FR 44894, Aug. 25, 1993; 60 FR
36551, July 17, 1995; 61 FR 26673, May 28, 1996]
Sec. 21.14 [Reserved]
Sec. 21.15 Technical content of applications.
Applications shall contain all technical information required by the
application form and any additional information necessary to fully
describe the proposed facilities and to demonstrate compliance with all
technical requirements of the rules governing the radio service involved
(see subparts C, F and K as appropriate). The following paragraphs
describe a number of technical requirements.
(a)(1) Except in the case of applicants for Multipoint Distribution
Service, applicants proposing a new station location (including receive-
only stations and passive repeaters) must indicate whether the station
site is owned. If it is not owned, its availability for the proposed
radio station site must be demonstrated. Under ordinary circumstances,
this requirement will be considered satisfied if the site is under lease
or under written option to buy or lease.
(2) Where any lease or agreement to use land limits or conditions in
any way the applicant's access or use of the site to provide public
service, a copy of the lease or agreement (which clearly indicates the
limitations or conditions) must be filed with the application, except in
the case of applicants for stations in the Multipoint Distribution
Service. Multipoint Distribution Service applicants must instead certify
compliance with the limitations and conditions contained in the lease or
option agreement.
(3) Except for BTA and PSA authorization holders, Multipoint
Distribution Service applicants proposing a new station location must
certify the proposed station site will be available to the applicant for
timely construction of the facilities during the initial construction
period.
(4) An applicant's failure to include a certification required under
this Section will result in dismissal of the application. The submission
of a false certification will subject the applicant to all remedies
available to the Commission, including the dismissal with prejudice of
all applications filed by the offending applicant and the revocation of
authorizations of the offending applicant. Also, if evidence of intent
exists, the case will be referred to the Department of Justice for
criminal prosecution under 18 U.S.C. 1001. In addition, the submission
of an intentionally falsified certification will be
[[Page 33]]
treated as a reflection on an applicant's basic qualifications to become
or to remain a licensee.
(b) [Reserved]
(c) Each application involving a new or modified transmitting
antenna supporting structure, passive facility, or the addition or
removal of a transmitting antenna, or the repositioning of an authorized
antenna for a station must be accompanied by a vertical profile sketch
of the total structure depicting its structural nature and clearly
indicating the ground elevation (above sea level) at the structure site,
the overall height of the structure above ground (including obstruction
lights when required, lightning rods, etc.) and, if mounted on a
building, its overall height above the building. The proposed antenna on
the structure must be clearly identified and its height above-ground
(measured to the center of radiation) clearly indicated. Alternatively,
applicants in the Multipoint Distribution Service who filed applications
on or after September 15, 1995, may provide this information in the MDS
long-form application.
(d) Each application proposing a new or modified antenna structure
for a station (including a passive repeater or signal booster station)
so as to change its overall height shall indicate whether any necessary
notification of the FAA has been made. Complete information as to rules
concerning the construction, marking and lighting of antenna structures
is contained in part 17 of this chapter. See also Sec. 21.111 if the
structure is used by more than one station.
(e) Antenna Structure Registration Number. Applications proposing
construction of a new antenna structure or alteration of the overall
height of an existing antenna structure, where FAA notification prior to
such construction or alteration is required by part 17 of this chapter,
must include the FCC Antenna Structure Registration Number for the
affected structure. If no such number has been assigned at the time the
application is filed, the applicant must state in the application
whether or not the antenna structure owner has notified the FAA of the
proposed construction or alteration and applied to the FCC for an
Antenna Structure Registration Number in accordance with Part 17 of this
chapter of this structure for the antenna structure in question.
(f) Except for applicants in the Multipoint Distribution Service who
filed applications on or after September 15, 1995, an applicant
proposing construction of one or more new stations or modification of
existing stations where substantial changes in the operation or
maintenance procedures are involved must submit a showing of the general
maintenance procedures involved to insure the rendition of good public
communications service. The showing should include but need not be
limited to the following.
(1) Location and telephone number (if known) of the maintenance
center for a point to point microwave system. In lieu of providing the
location and telephone number of the maintenance on a case by case
basis, a licensee may file a complete list for all operational stations
with the Commission and the Engineer-In-Charge of the appropriate radio
district on an annual basis or at more frequent intervals as necessary
to keep the information current.
(2) The manner in which technical personnel are made aware of
malfunction at any of the stations and the appropriate time required for
them to reach any of the stations in the event of an emergency. If fault
alarms are to be used, the items to be alarmed shall be specified as
well as the location of the alarm center.
(g) Applications in the Multipoint Distribution Service filed before
September 15, 1995, proposing a new or replacement antenna (excluding
omni-directional antennas) shall include an antenna radiation pattern
showing the antenna power gain distribution in the horizontal plane
expressed in decibels, unless such pattern is known to be on file with
the Commission in which case the applicant may reference in its
application the FCC-ID number that indicates that the pattern is on file
with the Commission. Multipoint Distribution Service applicants who
filed applications on or after September 15, 1995 must provide related
information in completing an MDS long-form application.
(h) Except for applications in the Multipoint Distribution Service
filed
[[Page 34]]
on or after September 15, 1995, each application in the Point-to-Point
Radio, Local Television Transmission and Digital Electronic Message
Service (excluding user stations) proposing a new or replacement antenna
(excluding omni-directional antennas) shall include an antenna radiation
pattern showing the antenna power gain distribution in the horizontal
plane expressed in decibels, unless such pattern is known to be on file
with the Commission in which case the applicant may reference in its
application the FCC-ID number that indicates that the pattern is on file
with the Commission. Multipoint Distribution Service applicants who
filed applications on or after September 15, 1995 must provide related
information in completing an MDS long-form application.
[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23449, Apr. 27, 1981;
52 FR 37778, Oct. 9, 1987; 58 FR 11797, Mar. 1, 1993; 60 FR 36551, July
17, 1995; 60 FR 57366, Nov. 15, 1995; 61 FR 4364, Feb. 6, 1996; 61 FR
26673, May 28, 1996]
Sec. 21.16 [Reserved]
Sec. 21.17 Certification of financial qualifications.
Each application for a new license and each application for a major
modification of an existing station shall contain a certification that
the applicant has or will have the financial ability to meet the
expected costs of constructing the facilities within the time allowed
and the estimated operating expenses for a period of twelve months.
[52 FR 37778, Oct. 9, 1987]
Sec. 21.18 [Reserved]
Sec. 21.19 Waiver of rules.
Waivers of these rules may be granted upon application or on the
Commission's own motion. A request for waiver shall contain a statement
of reasons sufficient to justify a waiver. A waiver will not be granted
except upon an affirmative showing that:
(a) The underlying purpose of the rule will not be served, or would
be frustrated, by its application in the particular case, and that grant
of the waiver is otherwise in the public interest; or
(b) The unique facts and circumstances of a particular case render
application of the rule inequitable, unduly burdensome or otherwise
contrary to the public interest. Applicants must also show the lack of a
reasonable alternative.
[52 FR 37778, Oct. 9, 1987]
Sec. 21.20 Defective applications.
(a) Unless the Commission shall otherwise permit, an application
will be unacceptable for filing and will be returned to the applicant
with a brief statement as to the omissions or discrepancies if:
(1) The application is defective with respect to completeness of
answers to questions, informational showings, execution, or other
matters of a formal character; or
(2) The application does not substantially comply with the
Commission's rules, regulations, specific requests for additional
information, or other requirements.
(b) By way of illustration only, and not in any way limiting the
scope of paragraph (a), the following are examples of common
deficiencies which result in defective applications under paragraph (a):
(1) The application is not properly executed;
(2) The submitted filing fee (if a filing fee is required) is
insufficient;
(3) The application does not demonstrate how the proposed radio
facilities will serve the public interest, convenience or necessity;
(4) The application does not demonstrate compliance with the special
requirements applicable to the radio service involved;
(5) The application does not certify the availability of the
proposed station site.
(6) The application does not include the environmental assessment
required for any significant environmental impact under the Commission's
environmental rules (part 1, subpart I);
(7) The application does not specify the polarization and, where
applicable, the antenna orientation azimuth and distance;
(8) The application does not include all necessary exhibits;
[[Page 35]]
(9) The application is filed after the cutoff date prescribed in
Sec. 21.31 or Sec. 21.914 of this part;
(10) The application proposes the use of a frequency not allocated
to such use; or
(11) The application does not contain the FCC Registration Number
(FRN) as required under subpart W of part 1 of this part.
(c) Applications considered defective under paragraph (a) of this
section may be accepted for filing if:
(1) The application is accompanied by a request which sets forth the
reasons in support of a waiver of (or an exception to), in whole or in
part, any specific rule, regulation, or requirement with which the
application is in conflict; or
(2) The Commission, upon its own motion, waives (or allows an
exception to), in whole or in part, any rule, regulation or requirement.
(d) If an applicant is requested by the Commission to file any
documents or any supplementary or explanatory information not
specifically required in the prescribed application form, a failure to
comply with such request within a specified time period will be deemed
to render the application defective and will subject it to dismissal.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 5294, Feb. 20, 1987; 52
FR 37779, Oct. 9, 1987; 55 FR 46009, Oct. 31, 1990; 58 FR 11797, Mar. 1,
1993; 61 FR 26674, May 28, 1996; 66 FR 47896, Sept. 14, 2001]
Sec. 21.21 Inconsistent or conflicting applications.
While an application is pending and undecided, no subsequent
inconsistent or conflicting application may be filed by the same
applicant, the applicant's successor or assignee, or on behalf or for
the benefit of the same applicant, the applicant's successor or
assignee.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37779, Oct. 9, 1987]
Sec. 21.22 Repetitious applications.
(a) Where an applicant has been afforded an opportunity for a
hearing with respect to a particular application for a new station, or
for an extension or enlargement of a service or facilities, and the
Commission has, after hearing or default, denied the application or
dismissed it with prejudice, the Commission will not consider a like
application involving service of the same kind to the same area by the
same applicant, or by the applicant's successor or assignee, or on
behalf of or for the benefit of the original parties in interest, until
after the lapse of 12 months from the effective date of the Commission's
order. The Commission may, for good cause shown, waive the requirements
of this section.
(b) Where an appeal has been taken from the action of the Commission
denying a particular application, another application for the same class
of station and for the same area, in whole or in part, filed by the same
applicant or by the applicant's successor or assignee, or on behalf or
for the benefit of the original parties in interest, will not be
considered until the final disposition of such appeal.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37779, Oct. 9, 1987]
Sec. 21.23 Amendment of applications.
(a)(1) Any pending application may be amended as a matter of right
if the application has not been designated for hearing, or for
comparative evaluation pursuant to Sec. 21.35, or for the random
selection process, provided, however, that the amendments must comply
with the provisions of Sec. 21.29 as appropriate and the Commission has
not otherwise forbidden the amendment of pending applications.
(2) A Multipoint Distribution Service application tentatively
selected for qualification review by the random selection process may be
amended as a matter of right up to 14 days after the date of the public
notice announcing the tentative selection, provided, however, that the
amendments must comply with the provisions of Sec. 21.29 as appropriate
and the Commission has not otherwise forbidden the amendment of pending
applications.
(3) Provided, however, applications may not be amended if the
amendments seek more than a pro forma change of ownership or control
(bankruptcy, death or legal disability) of a pending Multipoint
Distribution Service application and any amendment or application will
be dismissed if the amendment or application seeks more
[[Page 36]]
than a pro forma change of ownership or control.
(b) Requests to amend an application designated for hearing or for
comparative evaluation or for tentative selection for qualification
review by the random selection process may be granted only if a written
petition demonstrating good cause is submitted and properly served on
the parties of record, except that Multipoint Distribution Service
applications tentatively selected in a random selection process may be
amended as a matter of right as provided in paragraph (a) of this
section. Provided, however, requests to amend applications will not be
granted that seek more than a pro forma change of ownership or control
(bankruptcy, death or legal disability) of a pending Multipoint
Distribution Service application and any application seeking more than a
pro forma change of ownership or control will be dismissed.
(c) The Commission will classify amendments on a case-by-case basis.
Whenever previous amendments have been filed, the most recent amendment
will be classified by reference to how the information in question stood
as of the latest Public Notice issued which concerned the application.
An amendment will be deemed to be a major amendment subject to Sec.
21.27 and Sec. 21.31 under any of the following circumstances:
(1) If in the Multipoint Distribution Service, the amendment results
in a substantial modification of the engineering proposal such as (but
not necessarily limited to):
(i) A change in, or addition of, a radio frequency channel;
(ii) A change in polarization of the transmitted signal;
(iii) A change in type of transmitter emission or an increase in
emission bandwidth of more than ten (10) percent;
(iv) A change in the geographic coordinates of a station's
transmitting antenna of more than ten (10) seconds of latitude or
longitude, or both;
(v) Any change which increases the antenna height by 3.0 meters (10
feet) or more;
(vi) Any technical change which would increase the effective
radiated power in any horizontal or vertical direction by more than one
and one-half (1.5) dB; or
(vii) Any changes or combination of changes which would cause
harmful electrical interference to an authorized facility or result in a
mutually exclusive conflict with another pending application.
(2) Except during the sixty (60) day amendment period provided for
in Sec. 21.27(d), any amendment to an application for a new or modified
response station hub, booster station or point-to-multipoint I
channel(s) station or to an application for a modified main station that
reflects any change in the technical specifications of the proposed
facility, includes any new or modified analysis of potential
interference to another facility or submits any interference consent
from a neighboring licensee, shall result in the application being
assigned a new file number and being treated as newly filed.
(3) If the amendment would convert a proposal, such that it may have
a significant impact upon the environment under Sec. 1.1307 of the
Commission's rules, which would require the submission of an
environmental assessment, see Sec. 1.1311 of this chapter, and
Commission environmental review, see Sec. Sec. 1.1308 and 1.1312 of
this chapter.
(4) If the amendment results in a substantial and material
alteration of the proposed service.
(5) If the amendment specifies a substantial change in benefical
ownership or control (de jure or de facto) of an applicant such that the
change would require, in the case of an authorized station, the filing
of a prior assignment or transfer of control application under section
310(d) of the Communications Act of 1934 [47 U.S.C. 310(d)]. Such a
change would not be considered major where the assignment or transfer of
control is for legitimate business purposes other than the acquisition
of applications.
(6) If the amendment, or the cumulative effect of the amendment, is
determined by the Commission otherwise to be substantial pursuant to
section 309 of the Communications Act of 1934.
(d) The applicant must serve copies of any amendments or other
written
[[Page 37]]
communications upon the following parties:
(1) Any applicant whose application appears on its face to be
mutually exclusive with the application being amended, including those
applicants originally served under Sec. 21.902;
(2) Any applicant whose application has been found by the
Commission, as published in a public notice, to be mutually exclusive
with the application being amended; and
(3) Any party who has filed a petition to deny the application or
other formal objection, when that petition or formal objection has not
been resolved by the Commission.
(e) The Commission may waive the service requirements of paragraph
(e) of this section and prescribe such alternative procedures as may be
appropriate under the circumstances to protect petitioners' interests
and to avoid undue delay in a proceeding, if an applicant submits a
request for waiver which demonstrates that the service requirement is
unreasonably burdensome. Requests for waiver shall be served on
petitioners. Oppositions to the petition may be filed within five (5)
days after the petition is filed and shall be served on the applicant.
Replies to oppositions will not be entertained.
(f) Any amendment to an application shall be signed and shall be
submitted in the same manner, and with the same number of copies, as was
the original application. Amendments may be made in letter form if they
comply in all other respects with the requirements of this chapter.
[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981;
50 FR 5992, Feb. 13, 1985; 50 FR 45614, Nov. 1, 1985; 52 FR 37779, Oct.
9, 1987; 55 FR 20397, May 16, 1990; 56 FR 57816, Nov. 14, 1991; 58 FR
11797, Mar. 1, 1993; 58 FR 44894, Aug. 25, 1993; 61 FR 26674, May 28,
1996; 64 FR 63730, Nov. 22, 1999; 65 FR 46617, July 31, 2000]
Sec. 21.24 [Reserved]
Sec. 21.25 Application for temporary authorizations.
(a) In circumstances requiring immediate or temporary use of
facilities, request may be made for special temporary authority to
install and/or operate new or modified equipment. Any such request may
be submitted as an informal application in the manner set forth in Sec.
21.5 and must contain full particulars as to the proposed operation
including all facts sufficient to justify the temporary authority sought
and the public interest therein. No such request will be considered
unless the request is received by the Commission at least 10 days prior
to the date of proposed construction or operation or, where an extension
is sought, expiration date of the existing temporary authorization.
(b) Special temporary authorizations may be granted without regard
to the 30-day public notice requirement of Sec. 21.27(c) when:
(1) The authorization is for a period not to exceed 30 days and no
application for regular application is contemplated to be filed;
(2) The authorization is for a period not to exceed 60 days pending
the filing of an application for such regular operation;
(3) The authorization is to permit interim operation to facilitate
completion of authorized construction or to provide substantially the
same service as previously authorized; or
(4) The authorization is made upon a finding that there are
extraordinary circumstances requiring operation in the public interest
and that delay in the institution of such service would seriously
prejudice the public interest.
(c) Temporary authorization of operations not to exceed 180 days may
be granted under the standards of section 309(f) of the Communications
Act where extraordinary circumstances so require. Extensions of the
temporary authorization for a period of 180 days each may also be
granted, but the renewal applicant bears a heavy burden to show that
extraordinary circumstances warrant such an extension.
(d) In cases of emergency found by the Commission, involving danger
to life or property or due to damage of equipment, or during a national
emergency proclaimed by the President or declared by the Congress or
during the continuance of any war in which the United States is engaged
and when such action is necessary for the national defense or safety or
otherwise in furtherance of the war effort, or in
[[Page 38]]
cases of emergency where the Commission finds that it would not be
feasible to secure renewal applications from existing licensees or
otherwise to follow normal licensing procedure, the Commission will
grant construction permits and station licenses, or modifications or
renewals thereof, during the emergency found by the Commission or during
the continuance of any such national emergency or war, as special
temporary licenses, only for the period of emergency or war requiring
such action, without the filing of formal applications.
[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 27252, June 14, 1983;
52 FR 37779, Oct. 9, 1987]
Processing of Applications
Sec. 21.26 Receipt of applications.
Applications received by the Commission are given a file number for
administrative convenience, which does not indicate the acceptance of
the application for filing and processing. After preliminary review
those applications covered by Sec. 21.27(a) that appear complete will
be put on public notice as accepted for filing. Neither the assignment
of a file number nor the listing of the application on public notice as
accepted for filing indicates that the application has been found
acceptable for filing or precludes the subsequent return or dismissal of
the application if it is found to be defective or not in substantial
compliance with the Commission's rules.
[52 FR 37779, Oct. 9, 1987]
Sec. 21.27 Public notice period.
(a) At regular intervals, the Commission will issue a public notice
listing:
(1) The acceptance for filing of applications and major amendments
thereto;
(2) Significant Commission actions concerning applications;
(3) The filing of certifications of completion of construction;
(4) The receipt of applications for minor modifications made
pursuant to Sec. 21.41;
(5) Information which the Commission in its discretion believes of
public significance; and
(6) Special environmental considerations as required by part 1 of
this chapter.
(7) The BTAs designated for licensing through the competitive
bidding process and the filing date for short-form applications for
those areas;
(8) The auction winners in the competitive bidding process;
(b) A public notice will not normally be issued for any of the
following applications:
(1) For authorization of a minor technical change in the facilities
of a proposed or authorized station where such a change would not be
classified as a major amendment to a pending application, as defined by
Sec. 21.23, or as a minor modification to a license pursuant to Sec.
21.41;
(2) For temporary authorization pursuant to Sec. 21.25;
(3) For an authorization under any of the proviso clauses of section
308(a) of the Communications Act of 1934 (47 U.S.C. 308(a));
(4) For consent to an involuntary assignment or transfer of control
of a radio authorization; or
(5) For consent to a voluntary assignment or transfer of control of
a radio authorization, where the assignment or transfer does not involve
a substantial change in ownership or control.
(c) Except as otherwise provided in this part (e.g., Sec. 21.41),
no application that has appeared on public notice will be granted until
the expiration of a period of thirty days following the issuance of the
public notice listing the application, or any major amendment thereto,
or until the expiration of a period of thirty days following the
issuance of a public notice identifying the tentative selectee of a
random selection process, whichever is later.
(d) Notwithstanding any other provisions of this part, effective as
of September 17, 1998, there shall be one one-week window, at such time
as the Commission shall announce by public notice, for the filing of
applications for high-power signal booster station, response station hub
and I channels point-to-multipoint transmissions licenses, during which
all applications shall be deemed to have been filed as of the same day
for purposes of Sec. Sec. 21.909,
[[Page 39]]
21.913 and 74.939(l) of this chapter. Following the publication of a
public notice announcing the tendering for filing of applications
submitted during that window, applicants shall have a period of sixty
(60) days to amend their applications, provided such amendments do not
result in any increase in interference to any previously proposed or
authorized station, or to facilities proposed during the window, absent
consent of the applicant for or conditional licensee or licensee of the
station that would receive such interference. At the conclusion of that
sixty (60) day period, the Commission shall publish a public notice
announcing the acceptance for filing of all applications submitted
during the initial window, as amended during the sixty (60) day period.
All petitions to deny such applications must be filed within sixty (60)
days of such second public notice. On the sixty-first (61st) day after
the publication of such second public notice, applications for new or
modified response station hub, booster station and I channels point-to-
multipoint transmissions licenses may be filed and will be processed in
accordance with the provisions of Sec. Sec. 21.909, 21.913 and
74.939(l) of this chapter. Notwithstanding Sec. 21.31, each application
submitted during the initial window shall be granted on the sixty-first
(61st) day after the Commission shall have given such public notice of
its acceptance for filing, unless prior to such date either a party in
interest timely files a formal petition to deny or for other relief
pursuant to Sec. 21.30(a), or the Commission notifies the applicant
that its application will not be granted. Where an application is
granted pursuant to the provisions of this paragraph, the conditional
licensee or licensee shall maintain a copy of the application at the
transmitter site or response station hub until such time as the
Commission issues a license.
[52 FR 37779, Oct. 9, 1987, as amended at 54 FR 10327, Mar. 13, 1989; 60
FR 36552, July 17, 1995; 61 FR 26674, May 28, 1996; 63 FR 65101, Nov.
25, 1998; 64 FR 4054, Jan. 27, 1999]
Sec. 21.28 Dismissal and return of applications.
(a) Except as provided under paragraph (c) of this section and under
Sec. 21.29, any application may be dismissed without prejudice as a
matter of right if the applicant requests its dismissal prior to
designation for hearing or prior to selection of the comparative
evaluation procedure of Sec. 21.35. An applicant's request for return
of its application after it has been accepted for filing will be
considered to be a request for dismissal without prejudice. Requests for
dismissal shall comply with the provisions of Sec. 21.29 as
appropriate.
(b) A request to dismiss an application without prejudice will be
considered after designation for hearing, after selection of the
comparative evaluation procedure of Sec. 21.35, or after selection as a
tentative selectee in a random selection proceeding, only if:
(1) A written petition is submitted to the Commission and, in the
case of applications designated for hearing or comparative evaluation,
is properly served upon all parties of record;
(2) The petition is submitted before the issuance date of a public
notice of Commission action denying the application; and
(3) The petition complies with the provisions of Sec. 21.29
(whenever applicable) and demonstrates good cause.
(c) Except as provided under Sec. 21.29, an application designated
for inclusion in the random selection process may be dismissed without
prejudice as a matter of right if the applicant requests its dismissal
at least 2 days prior to a random selection proceeding. An applicant's
request for return of its application after it has been accepted for
filing will be considered to be a request for dismissal without
prejudice. Requests for dismissal shall comply with the provisions of
Sec. 21.29 as appropriate.
(d) The Commission will dismiss an application for failure to
prosecute or for failure to respond substantially within a specified
time period to official correspondence or requests for additional
information. Dismissal will be without prejudice prior to designation
for hearing, selection of the comparative evaluation procedure of Sec.
21.35, or tentative selection by the random selection process, but may
be with prejudice for unsatisfactory compliance with Sec. 21.29, or
after designation for hearing, selection of the comparative evaluation
process, or selection as a
[[Page 40]]
tentative selectee in a random selection proceeding.
(e) The Commission will dismiss an application filed by a cable
television company which fails to comply with the provisions of Sec.
21.912 of this part.
(f) A Multipoint Distribution Service application will be dismissed
if the applicant seeks to change ownership or control, except in the
case of a pro forma change of ownership or control (bankruptcy, death,
or legal disability).
[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 55
FR 46009, Oct. 31, 1990; 58 FR 11797, Mar. 1, 1993]
Sec. 21.29 Ownership changes and agreements to amend or to dismiss
applications or pleadings.
(a) Except as provided in paragraph (b) of this section, applicants
or any other parties in interest to pending applications shall comply
with the provisions of this section whenever:
(1) They participate in any agreement (or understanding) which
involves any consideration promised or received, directly or indirectly,
including any agreement (or understanding) for merger of interests or
the reciprocal withdrawal of applications; and
(2) The agreement (or understanding) may result in either:
(i) A proposed substantial change in beneficial ownership or control
(de jure or de facto) of an applicant such that the change would
require, in the case of an authorized station, the filing of a prior
assignment or transfer of control application under section 310(d) of
the Communications Act of 1934 [47 U.S.C. 310(d)], or
(ii) Proposed withdrawal, amendment or dismissal of any
application(s), amendment(s), petition(s), pleading(s), or any
combination thereof, which would thereby permit the grant without
hearing, comparative evaluation under of Sec. 21.35, or random
selection of an application previously in contested status.
(b) The provisions of this section shall not be applicable to any
engineering agreement (or understanding) which:
(1) Resolves frequency conflicts with authorized stations or other
pending applications without the creation of new or increased frequency
conflicts; and
(2) Does not involve any consideration promised or received,
directly or indirectly (including any merger of interests or reciprocal
withdrawal of applications), other than the mutual benefit of resolving
the engineering conflict.
(c) For any agreement subject to this section, the applicant of an
application which would remain pending pursuant to such an agreement
will be considered responsible for the compliance by all parties with
the procedures of this section. Failure of the parties to comply with
the procedures of this section shall constitute a defect in those
applications which are involved in the agreement and remain in a pending
status.
(d) The principals to any agreement or understanding subject to this
section shall comply with the standards of paragraph (e) of this section
in accordance with the following procedure:
(1) Within ten (10) days after entering into the agreement, the
parties thereto shall jointly notify the Commission in writing of the
existence and general terms of such agreement, the identity of all of
the participants and the applications involved;
(2) Within thirty (30) days after entering into the agreement, the
parties thereto shall file any proposed application amendments, motions,
or requests together with a copy of the agreement which clearly sets
forth all terms and provisions, and such other facts and information as
necessary to satisfy the standards of paragraph (e) of this section.
Such submission shall be accompanied by the certification by affidavit
of each principal to the agreement declaring that the statements made
are true, complete, and correct to the best of their knowledge and
belief, and are made in good faith.
(3) The Commission may request any further information which in its
judgment it believes is necessary for a determination under paragraph
(e) of this section.
(e) The Commission will grant an application (or applications)
involved in the agreement (or understanding) only
[[Page 41]]
if it finds upon examination of the information submitted, and upon
consideration of such other matters as may be officially noticed, that
the agreement is consistent with the public interest, and the amount of
any monetary consideration and the cash value of any other consideration
promised or received is not in excess of those legitimate and prudent
costs directly assignable to the engineering, preparation, filing and
advocacy of the withdrawn, dismissed, or amended application(s),
amendment(s), petition(s), pleading(s), or any combination thereof.
Where such costs represent the applicant's in-house efforts, these costs
shall include only directly assignable costs and shall exclude general
overhead expenses. [The treatment to be accorded such consideration for
interstate rate making purposes will be determined at such time as the
question may arise in an appropriate rate proceeding.] An itemized
accounting shall be submitted to support the amount of consideration
involved except where such consideration (including the fair market
value of any non-cash consideration) promised or received does not
exceed one thousand dollars ($1,000.00). Where consideration involves a
sale of facilities or merger of interests, the accounting shall clearly
identify that portion of the consideration allocated for such facilities
or interests and a detailed description thereof, including estimated
fair market value. The Commission will not presume an agreement (or
understanding) to be prima facie contrary to the public interest solely
because it incorporates a mutual agreement to withdraw pending
application(s), amendment(s), petition(s), pleading(s), or any
combination thereof.
(f) Notwithstanding Sec. 21.29(e), amendments will not be granted
that seek more than a pro forma change of ownership or control
(bankruptcy, death, or legal disability) of a pending Multipoint
Distribution Service application, and any Multipoint Distribution
Service application will be dismissed that seeks more than a pro forma
change of ownership or control.
[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 58
FR 11797, Mar. 1, 1993]
Sec. 21.30 Opposition to applications.
(a) Petitions to deny (including petitions for other forms of
relief) and responsive pleadings for Commission consideration must:
(1) Identify the application or applications (including applicant's
name, station location, Commission file numbers and radio service
involved) with which it is concerned;
(2) Be filed in accordance with the pleading limitations, filing
periods, and other applicable provisions of Sec. Sec. 1.41 through
1.52, and 1.821 through 1.825;
(3) Contain specific allegations of fact (except for those of which
official notice may be taken), which shall be supported by affidavit of
a person or persons with personal knowledge thereof, and which shall be
sufficient to demonstrate that the petitioner (or respondent) is a party
in interest and that a grant of, or other Commission action regarding,
the application would be prima facie inconsistent with the public
interest;
(4) Except as provided in Sec. 21.902(i)(6) regarding Instructional
Television Fixed Service licensees and conditional licensees, in Sec.
21.909 regarding MDS response station hubs and in Sec. 21.913 regarding
MDS booster stations, be filed within thirty (30) days after the date of
public notice announcing the acceptance for filing of any such
application or major amendment thereto, or identifying the tentative
selectee of a random selection proceeding in the Multichannel Multipoint
Distribution Service or for Multipoint Distribution Service H-channel
stations (unless the Commission otherwise extends the filing deadline);
and
(5) Contains a certificate of service showing that it has been
mailed to the applicant no later than the date of filing thereof with
the Commission.
(b) The Commission will classify as informal objections:
(1) Any petition to deny not filed in accordance with paragraph (a)
of this section;
(2) Any petition to deny (or for other forms of relief) an
application to which the thirty (30) day public notice period of Sec.
21.27(c) does not apply; or
(3) Any comments on, or objections to, the grant of an application
when
[[Page 42]]
the comments or objections do not conform to either paragraph (a) of
this section or other Commission rules and requirements.
(c) The Commission will consider informal objections, but will not
necessarily discuss them specifically in a formal opinion if:
(1) The informal objection is filed at least one day before
Commission action on the application; and
(2) The informal objection is signed by the submitting person (or
his representative) and discloses his interest.
[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 50
FR 45614, Nov. 1, 1985; 52 FR 37779, Oct. 9, 1987; 55 FR 46009, Oct. 31,
1990; 56 FR 57816, Nov. 14, 1991; 63 FR 65101, Nov. 25, 1998]
Sec. 21.31 Mutually exclusive applications.
(a) Except with respect to applications for new or modified response
stations hubs, booster stations, and point-to-multipoint I channel
stations, and to applications for modified main stations, filed on the
same day or during the same window, the Commission will consider
applications to be mutually exclusive if their conflicts are such that
grant of one application would effectively preclude by reason of harmful
electrical interference, or other practical reason, the grant of one or
more of the other applications.
(b) An application will be entitled to be included in a random
selection process or to comparative consideration with one or more
conflicting applications only if:
(1) The application is mutually exclusive with the other
application; and
(2) The application is received by the Commission in a condition
acceptable for filing by whichever ``cut-off'' date is earlier:
(i) Sixty (60) days after the date of the public notice listing the
first of the conflicting applications as accepted for filing; or
(ii) One (1) business day preceding the day on which the Commission
takes final action on the previously filed application (should the
Commission act upon such application in the interval between thirty (30)
and sixty (60) days after the date of its public notice).
(c) Whenever three or more applications are mutually exclusive, but
not uniformly so, the earliest filed application established the date
prescribed in paragraph (b)(2) of this section, regardless of whether or
not subsequently filed applications are directly mutually exclusive with
the first filed application. [For example, applications A, B, and C are
filed in that order. A and B are directly mutually exclusive, B and C
are directly mutually exclusive. In order to be considered comparatively
with B, C must be filed within the ``cut-off'' period established by A
even though C is not directly mutually exclusive with A.]
(d) An application otherwise mutually exclusive with one of more
previously filed applications, but filed after the appropriate date
prescribed in paragraph (b)(2) of this section, will be returned without
prejudice and will be eligible for refiling only after final action is
taken by the Commission with respect to the previously filed application
(or applications).
(e) For the purposes of this section, any application (whether
mutually exclusive or not) will be considered to be a newly filed
application if it is amended by a major amendment (as defined by Sec.
21.23), except under any of the following circumstances:
(1) The application has been designated for comparative hearing, or
for comparative evaluation (pursuant to Sec. 21.35), and the Commission
or the presiding officer accepts the amendment pursuant to Sec.
21.23(b);
(2) The amendment resolves frequency conflicts with authorized
stations or other pending applications which would otherwise require
resolution by hearing, by comparative evaluation pursuant to Sec.
21.35, or by random selection pursuant to Sec. 21.33 provided that the
amendment does not create new or additional frequency conflicts;
(3) The amendment reflects only a change in ownership or control
found by the Commission to be in the public interest, and for which a
requested exemption from the ``cut-off'' requirements of this section is
granted, unless the amendment is for more than a pro forma change of
ownership or control (bankruptcy, death or legal disability) of a
pending Multipoint Distribution
[[Page 43]]
Service application in which event the application will be dismissed;
(4) The amendment reflects only a change in ownership or control
which results from an agreement under Sec. 21.29 whereby two or more
applicants entitled to comparative consideration of their applications
join in one (or more) of the existing applications and request dismissal
of their other application (or applications) to avoid the delay and cost
of comparative consideration, unless the amendment is for one (or more)
pending Multipoint Distribution Service application (or applications) in
which event the application (or applications) will be dismissed;
(5) The amendment corrects typographical, transcription, or similar
clerical errors which are clearly demonstrated to be mistakes by
reference to other parts of the application, and whose discovery does
not create new or increased frequency conflicts; or
(6) The amendment does not create new or increased frequency
conflicts, and is demonstrably necessitated by events which the
applicant could not have reasonably foreseen at the time of filing, such
as, for example:
(i) The loss of a transmitter or receiver site by condemnation,
natural causes, or loss of lease or option;
(ii) Obstruction of a proposed transmission path caused by the
erection of a new building or other structure; or
(iii) The discontinuance or substantial technological obsolescence
of specified equipment, whenever the application has been pending before
the Commission for two or more years from the date of its filing.
[44 FR 60534, Oct. 19, 1979, as amended at 45 FR 65600, Oct. 3, 1980; 45
FR 70468, Oct. 24, 1980; 50 FR 5993, Feb. 13, 1985; 52 FR 27554, July
22, 1987; 52 FR 37780, Oct. 9, 1987; 55 FR 10462, Mar. 21, 1990; 58 FR
11797, Mar. 1, 1993; 61 FR 26674, May 28, 1996; 63 FR 65101, Nov. 25,
1998; 64 FR 63730, Nov. 22, 1999; 65 FR 46617, July 31, 2000]
Sec. 21.32 Consideration of applications.
(a) Applications for an instrument of authorization will be granted
if, upon examination of the application and upon consideration of such
other matters as it may officially notice, the Commission finds that the
grant will serve the public interest, convenience, and necessity.
(b) The grant shall be without a formal hearing if, upon
consideration of the application, any pleadings of objections filed, or
other matters which may be officially noticed, the Commission finds
that:
(1) The application is acceptable for filing, and is in accordance
with the Commission's rules, regulations, and other requirements;
(2) The application is not subject to comparative consideration
(pursuant to Sec. 21.31) with another application (or applications),
except where the competing applicants have chosen the comparative
evaluation procedure of Sec. 21.35 and a grant is appropriate under
that procedure;
(3) A grant of the application would not cause harmful electrical
interference to an authorized station;
(4) There are no substantial and material questions of fact
presented; and
(5) The applicant is legally, technically, financially and otherwise
qualified, and a grant of the application would serve the public
interest.
(c) If the Commission should grant without a formal hearing an
application for an instrument of authorization which is subject to a
petition to deny filed in accordance with Sec. 21.30, the Commission
will deny the petition by the issuance of a Memorandum Opinion and Order
which will concisely report the reasons for the denial and dispose of
all substantial issues raised by the petition.
(d) Whenever the Commission, without a formal hearing, grants any
application in part, or subject to any terms or conditions other than
those normally applied to applications of the same type, it shall inform
the applicant of the reasons therefor, and the grant shall be considered
final unless the Commission should revise its action (either by granting
the application as originally requested, or by designating the
application for a formal evidentiary hearing) in response to a petition
for reconsideration which:
(1) Is filed by the applicant within thirty (30) days from the date
of the letter or order giving the reasons for the partial or conditioned
grant;
[[Page 44]]
(2) Rejects the grant as made and explains the reasons why the
application should be granted as originally requested; and
(3) Returns the instrument of authorization.
(e) The Commission will designate an application for a formal
hearing, specifying with particularity the matters and things in issue,
if, upon consideration of the application, any pleadings or objections
filed, or other matters which may be officially noticed, the Commission
determines that:
(1) A substantial and material question of fact is presented;
(2) The Commission is unable for any reason to make the findings
specified in paragraph (a) of this section and the application is
acceptable for filing, complete, and in accordance with the Commission's
rules, regulations, and other requirements.
(3) The application is entitled to comparative consideration (under
Sec. 21.31) with another application (or applications); or
(4) The application is entitled to comparative consideration
(pursuant to Sec. 21.31) and the applicants have chosen the comparative
evaluation procedure of Sec. 21.35 but the Commission deems such
procedure to be inappropriate.
(f) The Commission may grant, deny, or take other action with
respect to an application designated for a formal hearing pursuant to
paragraph (e) of this section or part 1 of this chapter.
(g) Whenever the public interest would be served thereby the
Commission may grant one or more mutually exclusive applications
expressly conditioned upon final action on the applications, and then
either conduct a random section process (in specified services under
this rules part), designate all of the mutually exclusive applications
for a formal evidentiary hearing or (whenever so requested) follow the
comparative evaluation procedures of Sec. 21.35, as appropriate, if it
appears:
(1) That some or all of the applications were not filed in good
faith, but were filed for the purpose of delaying or hindering the grant
of another application;
(2) That the public interest requires the prompt establishment of
radio service in a particular community or area;
(3) That a delay in making a grant to any applicant until after the
conclusion of a hearing or a random selection proceeding on all
applications might jeopardize the rights of the United States under the
provision of an international agreement to the use of the frequency in
question; or
(4) That a grant of one application would be in the public interest
in that it appears from an examination of the remaining applications
that they cannot be granted because they are in violation of provisions
of the Communications Act, other statutes, or of the provisions of this
chapter.
(h) Reconsideration or review of any final action taken by the
Commission will be in accordance with subpart A of part 1 of this
chapter.
[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985]
Sec. 21.33 Grants by random selection.
(a) If an application for an authorization for a Multichannel
Multipoint Distribution Service (MMDS) station or for a Multipoint
Distribution Service (MDS) H-channel station is mutually exclusive with
another such application, and satisfies the requirements of Sec. Sec.
21.31 and 21.914, the applicant may be included in the random selection
process set forth in Sec. Sec. 1.821, 1.822 and 1.824 of this chapter.
(b) Renewal applications shall not be included in a random selection
process.
(c) If Multipoint Distribution Service applicants enter into
settlements, the applicants in the settlement must be represented by one
application only and will not receive the cumulative number of chances
in the random selection process that the individual applicants would
have had if no settlement had been reached.
[58 FR 11798, Mar. 1, 1993, as amended at 61 FR 26674, May 28, 1996]
Sec. 21.34 [Reserved]
Sec. 21.35 Comparative evaluation of mutually exclusive applications.
(a) In order to expedite action on mutually exclusive applications
in services under this rules part where the competitive bidding process
or random
[[Page 45]]
selection process do not apply, the applicants may request the
Commission to consider their applications without a formal hearing in
accordance with the summary procedure outlined in paragraph (b) in this
section if:
(1) The applications are entitled to comparative consideration
pursuant to Sec. 21.31;
(2) The applications have not been designated for formal evidentiary
hearing; and
(3) The Commission determines, initially or at any time during the
procedure outlined in paragraph (b) of this section, that such procedure
is appropriate, and that, from the information submitted and
consideration of such other matters as may be officially noticed, there
are no substantial and material questions of fact presented (other than
those relating to the comparative merits of the applications) which
would preclude a grant under paragraphs (a) and (b) of Sec. 21.32.
(b) Provided that the conditions of paragraph (a) of this section
are satisfied, applicants may request the Commission to act upon their
mutually exclusive applications without a formal hearing pursuant to the
summary procedure outlined below:
(1) To initiate the procedure, each applicant will submit to the
Commission a written statement containing:
(i) A waiver of the applicant's right to a formal hearing;
(ii) A request and agreement that, in order to avoid the delay and
expense of a comparative formal hearing, the Commission should exercise
its judgment to select from among the mutually exclusive applications
that proposal (or proposals) which would best serve the public interest;
and
(iii) The signature of a principal (and the principal's attorney if
represented).
(2) After receipt of the written requests of all of the applicants
the Commission (if it deems this procedure appropriate) will issue a
notice designating the comparative criteria upon which the applications
are to be evaluated and will request each applicant to submit, within a
specified period of time, additional information concerning the
applicant's proposal relative to the comparative criteria.
(3) Within thirty (30) days following the due date for filing this
information, the Commission will accept concise and factual argument on
the competing proposals from the rival applicants, potential customers,
and other knowledgeable parties in interest.
(4) Within fifteen (15) days following the due date for the filing
of comments, the Commission will accept concise and factual replies from
the rival applicants.
(5) From time to time during the course of this procedure the
Commission may request additional information from the applicants and
hold informal conferences at which all competing applicants shall have
the right to be represented.
(6) Upon evaluation of the applications, the information submitted,
and such other matters as may be officially noticed the Commission will
issue a decision granting one (or more) of the proposals which it
concludes would best serve the public interest, convenience and
necessity. The decision will report briefly and concisely the reasons
for the Commission's selection and will deny the other application(s).
This decision shall be considered final.
[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5994, Feb. 13, 1985; 52
FR 37780, Oct. 9, 1987; 60 FR 36552, July 17, 1995]
Sec. Sec. 21.36-21.37 [Reserved]
License Transfers, Modifications, Conditions and Forfeitures
Sec. 21.38 Assignment or transfer of station authorization.
(a) No station license, or any rights thereunder, shall be
transferred, assigned, or disposed of in any manner, voluntarily or
involuntarily, directly or indirectly, or by transfer of control of any
corporation or any other entity holding any such license, to any person
except upon application to the Commission and upon finding by the
Commission that the public interest, convenience and necessity will be
served thereby.
(b) For purposes of this section, transfers of control requiring
Commission approval shall include any and all transactions that:
[[Page 46]]
(1) Change the party controlling the affairs of the licensee, or
(2) Affect any change in a controlling interest in the ownership of
the licensee, including changes in legal or equitable ownership, or
(c) Requests for transfer of control or assignment authority shall
be submitted on the application form prescribed by Sec. 21.11 of this
chapter, and shall be accompanied by the applicable showings required by
Sec. Sec. 21.13, 21.15, 21.17 and 21.39 of this chapter.
(d) The Commission shall be promptly notified in writing when a
licensee is voluntarily or involuntarily placed in bankruptcy or
receivership and when an individual licensee, a member of a partnership
which is a licensee, or a person directly or indirectly in control of a
corporation which is a licensee, dies or becomes legally disabled.
Within thirty days after the occurrence of such bankruptcy,
receivership, death or legal disability, an application of involuntary
assignment of such license, or involuntary transfer of control of such
corporation, shall be filed with the Commission, requesting assignment
or transfer to a successor legally qualified under the laws of the place
having jurisdiction over the assets involved.
(e) The assignor of a station licensed under this part may retain no
right of reversion or reassignment of the license and may not reserve
the right to use the facilities of the station for any period
whatsoever. No assignment of license will be granted or authorized if
there is a contract or understanding, express or implied, pursuant to
which a right of reversion or reassignment of the license or right to
use the facilities are retained as partial or full consideration for the
assignment or transfer.
(f) No special temporary authority, or any rights thereunder, shall
be assigned or otherwise disposed of, directly or indirectly,
voluntarily or involuntarily, without prior Commission approval.
(g) An applicant for voluntary transfer of control or assignment
under this section where the subject license was acquired by the
transferor or assignor through a system of random selection shall,
together with its application for transfer of control or assignment,
file with the Commission the associated contracts for sale, option
agreements, management agreements, or other documents disclosing the
total consideration that the applicant would receive in return for the
transfer or assignment of its license. This information should include
not only a monetary purchase price, but also any future, contingent, in-
kind, or other consideration (e.g., management or consulting contracts
either with or without an option to purchase; below-market financing).
[52 FR 37780, Oct. 9, 1987, as amended at 54 FR 11953, Mar. 23, 1989; 59
FR 9101, Feb. 25, 1994]
Sec. 21.39 Considerations involving transfer or assignment applications.
(a) A Multipoint Distribution Service conditional license may not be
assigned or transferred prior to the completion of construction of the
facility and the timely filing of the certification of completion of
construction. However, consent to the assignment or transfer of control
of a Multipoint Distribution Service conditional license may be given
prior to the completion of construction and the timely filing of the
certification of completion of construction where:
(1) The assignment or transfer does not involve a substantial change
in ownership or control of the authorized Multipoint Distribution
Service facilities; or
(2) The assignment or transfer of control is involuntary due to the
licensee's bankruptcy, death, or legal disability.
(b) The Commission will review a proposed transaction to determine
if the circumstances indicate ``trafficking'' in licenses whenever
applications (except those involving pro forma assignment or transfer of
control) for consent to assignment of a license, or for transfer of
control of a licensee, involve facilities that were:
(1) Authorized following a comparative hearing and have been
operated less than one year, or;
(2) Involve facilities that have not been constructed, or;
(3) Involve facilities that were authorized following a random
selection proceeding in which the successful applicant received
preference and that
[[Page 47]]
have been operated for less than one year.
At its discretion, the Commission may require the submission of an
affirmative, factual showing (supported by affidavits of a person or
persons with personal knowledge thereof) to demonstrate that the
proposed assignor or transferor has not acquired an authorization or
operated a station for the principal purpose of profitable sale rather
than public service. This showing may include, for example, a
demonstration that the proposed assignment or transfer is due to changed
circumstances (described in detail) affecting the licensee subsequent to
the acquisition of the license, or that the proposed transfer of radio
facilities is incidental to a sale of other facilities or merger of
interests.
(c) If a proposed transfer of radio facilities is incidental to a
sale of other facilities or merger of interests, any showing requested
under paragraph (a) of this section shall include an additional exhibit
which:
(1) Discloses complete details as to the sale of facilities or
merger of interests;
(2) Segregates clearly by an itemized accounting, the amount of
consideration involved in the sale of facilities or merger of interests;
and
(3) Demonstrates that the amount of consideration assignable to the
facilities or business interests involved represents their fair market
value at the time of the transaction.
(d) For the purposes of this section, the one year period is
calculated using the following dates (as appropriate):
(1) The initial date of grant of the license, excluding subsequent
modifications;
(2) The date of consummation of an assignment or transfer, if the
station is acquired as the result of an assignment of license, or
transfer of control of corporate licensee; or
(3) The median date of the applicable commencement dates (determined
pursuant to paragraphs (c) (1) and (2) of this section) if the
transaction involves two or more stations. (The median date is that date
so selected such that fifty percent of the commencement dates of the
total number of stations, when arranged in chronological order, lie
below it and fifty percent lie above it. When the number of stations is
an even number, the median date will be a value half way between the two
dates closest to the theoretical median).
[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 33900, July 26, 1983;
50 FR 5994, Feb. 13, 1985; 52 FR 27554, July 22, 1987. Redesignated and
amended at 52 FR 37780, Oct. 9, 1987; 58 FR 11798, Mar. 1, 1993; 61 FR
26674, May 28, 1996]
Sec. 21.40 Modification of station license.
(a) Except as provided in Sec. Sec. 21.41 and 21.42, no
modification of a license issued pursuant to this part (or the
facilities described thereunder) shall be made except upon application
to the Commission and upon finding by the Commission that:
(1) Such modification will promote the public interest, convenience
and necessity, or
(2) That the provisions of the Communications Act of 1934 or of any
treaty ratified by the United States will be more fully complied with if
such application is granted.
(b) No application for modification to extend a license construction
period will be granted for delays caused by lack of financing or for
lack of site availability. Applications for time extensions for other
reasons must include a verified statement from the application showing
that the licensee has made diligent efforts to construct the facilities
and:
(1) That additional time is required due to circumstances beyond the
applicant's control, in which case the applicant must describe such
circumstances and must set forth with specificity and justify the
precise extension period requested; or
(2) That there are unique and overriding public interest concerns
that justify such an extension, in which case the applicant must
identify such interests and must set forth and justify a precise
extension period.
(c) Notwithstanding the provisions of paragraph (b), when a station
license has been assigned or transferred pursuant to Sec. 21.38, any
extension of time will be limited so that the time left to construct
after Commission grant of the transfer or assignment will be no
[[Page 48]]
more than the time remaining for construction at the date of the filing
of the application for transfer or assignment.
[52 FR 37780, Oct. 9, 1987]
Sec. 21.41 Special processing of applications for minor facility
modifications.
(a) Unless an applicant is notified to the contrary by the
Commission, as of the twenty-first day following the date of public
notice, any application that meets the requirements of paragraph (b) of
this section and proposes only the change specified in paragraph (c) of
this section shall be deemed to have been authorized by the Commission.
(b) An application may be considered under the procedures of this
section only if:
(1) It is in the Multipoint Distribution Service;
(2) The cumulative effect of all such applications made within any
60 days period does not exceed the appropriate values prescribed by
paragraph (c) of this section;
(3) The facilities to be modified are not located within 56.3
kilometers (35 miles) of the Canadian or Mexican border;
(4) It is acceptable for filing, is consistent with all of the
Commission's rules, and does not involve a waiver request;
(5) It specifically requests consideration pursuant to this section;
(6) Frequency notification procedures are complied with and a copy
of the application has been served on those who also were served under
Sec. 21.902; and
(7) In the Multipoint Distribution Service, the modified facility
would not produce a power flux density that exceeds -73 dBW/m\2\,
pursuant to Sec. Sec. 21.902 and 21.939 at locations on the boundaries
of protected service areas to which there is an unobstructed signal
path.
(c) The modifications that may be authorized under the procedures of
this section are:
(1) Changes in a transmitter and existing transmitter operating
characteristics, or protective configuration of transmitter, provided
that:
(i) In the Multipoint Distribution Service, any increase in EIRP is
one and one-half dB or less over the previously-authorized power value;
or
(ii) The necessary bandwidth is not increased by more than 10% of
the previously authorized necessary bandwidth.
(2) Changes in the height of an antenna, provided that:
(i) In Multipoint Distribution Service, any increase in antenna
height is less than 3.0 meters above the previously authorized height;
and
(ii) The overall height of the antenna structure is not increased as
a result of the antenna extending above the height of the previously
authorized structure, except when the new height of the antenna
structure is 6.1 meters or less (above ground or man-made structure, as
appropriate) after the change is made.
(3) Change in the geographical coordinates of a transmit station by
ten seconds or less of latitude, longitude or both, provided that when
notice to the FAA of proposed construction is required by part 17 of
this chapter for antenna structure at the previously authorized
coordinates (or will be required at the new location) the applicant must
comply with the provisions of Sec. 21.15(d).
(d) Upon grant of an application under the procedure of this section
and at such time that construction begins, the applicant must keep a
complete copy of the application (including the filing date) with the
station license if construction is commenced prior to the receipt of the
authorization.
[52 FR 37780, Oct. 9, 1987, as amended at 55 FR 46009, Oct. 31, 1990; 58
FR 44894, Aug. 25, 1993; 60 FR 36552, July 17, 1995; 61 FR 4364, Feb. 6,
1996; 61 FR 26674, May 28, 1996]
Sec. 21.42 Certain modifications not requiring prior authorization.
(a) Equipment in an authorized radio station may be replaced without
prior authorization or notification if:
(1) The replacement equipment is identical (i.e., same manufacturer
and model number) with the replacement equipment; or
(2) The replacement transmitter, transmitting antenna, transmission
line loss and/or devices between the
[[Page 49]]
transmitter and antenna, or combinations of the above, do not change the
EIRP of a station in any direction.
(b) Licensees of fixed stations in the Multipoint Distribution
Service may make the facility changes listed in paragraph (c) of this
section without obtaining prior Commission authorization, if:
(1) The Multipoint Distribution Service licensee serves a copy of
the notification described in paragraph (b)(3) of this section on those
who were served under Sec. 21.902, and
(2) The cumulative effect of all facility changes made within any 60
day period does not exceed the appropriate values prescribed by
paragraph (c) of this section, and
(3) The Commission is notified of changes made to facilities by the
submission of a completed FCC Form 304 within thirty (30) days after the
changes are made.
(4) In the Multipoint Distribution Service, the modified facility
would not produce a power flux density at the protected service area
boundary that exceeds -73 dBW/m\2\, pursuant to Sec. Sec. 21.902 and
21.939.
(c) Modifications that may be made without prior authorization under
paragraph (b) of this section are:
(1) Change or modification of a transmitter, when:
(i) The replacement or modified transmitter is certificated for use
under this part and is installed without modification from the
certificated configuration;
(ii) The type of modulation is not changed;
(iii) The frequency stability is equal to or better than the
previously authorized frequency stability; and
(iv) The necessary bandwidth and the output power do not exceed the
previously authorized values.
(2) Addition or deletion of a transmitter for protection without
changing the authorized power output (e.g. hot standby transmitters);
(3) Change to an antenna when the new antenna conforms with Sec.
21.906 and the EIRP resulting from the new antenna does not exceed that
resulting from the previously authorized antenna by more than one dB in
any direction.
(4) Any technical changes that would decrease the effective radiated
power.
(5) Change to the height of an antenna, when:
(i) The new height (measured at the center-of-radiation) is within
1.5 meters (5 feet) of the previously authorized
height; and
(ii) The overall height of the antenna structure is not increased as
a result of the antenna extending above the height of the previously
authorized structure, except when the new height of the antenna
structure is 6.1 meters (20 feet) or less (above ground or man-made
structure, as appropriate) after the change is made.
(6) Decreases in the overall height of an antenna structure,
provided that, when notice to the FAA of proposed construction was
required by part 17 of this chapter for the antenna structure at the
previously authorized height, the applicant must comply with the
provisions of Sec. 21.15 (d) and (e).
(7) Changes to the transmission line and other devices between the
transmitter and the antenna when the effective radiated power of the
station is not increased by more than one dB.
(8) A change to a sectorized antenna system comprising an array of
directional antennas, provided that such system does not change
polarization or result in an increase in radiated power by more than one
dB in any horizontal or vertical direction; provided, however, that
notice of such change is provided to the Commission on FCC Form 331
within ten (10) days of installation.
(d) Licensees may correct erroneous information on a license which
does not involve a major change (i.e., a change that would be classified
as a major amendment as defined by Sec. 21.23) without obtaining prior
Commission approval by filing a completed FCC Form 494, or for the
Multipoint Distribution Service licensees, by filing the MDS long-form
application.
[52 FR 37781, Oct. 9, 1987, as amended at 58 FR 44894, Aug. 25, 1993; 60
FR 36552, July 17, 1995; 60 FR 57366, Nov. 15, 1995; 61 FR 4364, Feb. 6,
1996; 61 FR 26674, May 28, 1996; 63 FR 36603, July 7, 1998; 63 FR 49870,
Sept. 18, 1998; 63 FR 65101, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999;
65 FR 46617, July 31, 2000]
[[Page 50]]
Sec. 21.43 Period of construction; certification of completion of
construction.
(a) Except for Multipoint Distribution Service station licenses
granted to BTA and PSA authorization holders, each license for a radio
station for the services included in this part shall specify as a
condition therein the period during which construction of facilities
will be completed and the station made ready for operation. Construction
may not commence until the grant of a license, and must be completed by
the date specified in the license as the termination date of the
construction period. Except as may be limited by Sec. 21.45(b) or
otherwise determined by the Commission for any particular application,
the maximum construction period for all stations licensed under this
part shall be a maximum of 12 months from the date of the license grant.
(b) Each license for a radio station for the services included in
this part shall also specify as a condition therein that upon the
completion of construction, each licensee must file with the Commission
a certification of completion of construction using FCC Form 494A,
certifying that the facilities as authorized have been completed and
that the station is now operational and ready to provide service to the
public, and will remain operational during the license period, unless
the license is submitted for cancellation.
[52 FR 37782, Oct. 9, 1987, as amended at 60 FR 36552, July 17, 1995; 61
FR 26675, May 28, 1996]
Sec. 21.44 Forfeiture and termination of station authorization.
(a) A license shall be automatically forfeited in whole or in part
without further notice to the licensee upon:
(1) The expiration of the construction period specified therein,
where applicable, or after such additional time as may be authorized by
the Commission, unless within 5 days after that date certification of
completion of construction has been filed with the Commission pursuant
to Sec. 21.43;
(2) The expiration of the license period specified therein, unless
prior thereto an application for renewal of such license has been filed
with the Commission; or
(3) The voluntary removal or alteration of the facilities, so as to
render the station not operational for a period of 30 days or more.
(b) A license forfeited in whole or in part under the provisions of
paragraph (a)(1) or (a)(2) may be reinstated if the Commission, in its
discretion, determines that reinstatement would best serve the public
interest, convenience and necessity. Petitions for reinstatement filed
pursuant to this subsection will be considered only if:
(1) The petition is filed within 30 days of the expiration date set
forth in paragraph (a)(1) or (a)(2) of this section, whichever is
applicable;
(2) The petition explains the failure to timely file such
notification or application as would have prevented automatic
forfeiture; and
(3) The petition sets forth with specificity the procedures which
have been established to insure timely filings in the future.
(c) A special temporary authorization shall automatically terminate
upon the expiration date specified therein, or upon failure to comply
with any special terms or conditions set forth therein. Operation may be
extended beyond such termination date only after application and upon
specific authorization by the Commission.
[52 FR 37782, Oct. 9, 1987, as amended at 60 FR 36552, July 17, 1995]
Sec. 21.45 License period.
(a)(1) Licenses for stations in the Multipoint Distribution Service
will be issued for a period not to exceed 10 years, except that licenses
for developmental stations will be issued for a period not to exceed one
year. The expiration date of developmental licenses shall be one year
from the date of the grant thereof. Unless otherwise specified by the
Commission, the expiration of regular licenses shall be on the following
date in the year of expiration.
Multipoint Distribution Service--May 1.
(2) When a license is granted subsequent to the last renewal date of
the class of license involved, the license shall be issued only for the
unexpired period of the current license term of such class.
[[Page 51]]
(b) The Commission reserves the right to grant or renew station
licenses in these services for a shorter period of time than that
generally prescribed for such stations if, in its judgment, public
interest, convenience, or necessity would be served by such action.
(c) Upon the expiration or termination of any station license, any
related conditional authorization, which bears a later expiration date,
shall be automatically terminated concurrently with the related station
license, unless it shall have been determined by the Commission that the
public interest, convenience or necessity would be served by continuing
in effect said conditional authorization.
[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981;
48 FR 27253, June 14, 1983; 61 FR 26675, May 28, 1996]
Sec. 21.50 [Reserved]
Subpart C_Technical Standards
Sec. 21.100 Frequencies.
The frequencies available for use in the service covered by this
part are listed in subpart K. Assignment of frequencies will be made
only in such a manner as to facilitate the rendition of communication
service on an interference-free basis in each service area. Unless
otherwise indicated, each frequency available for use by stations in
this service will be assigned exclusively to a single applicant in any
service area. All applicants for, and licensees of, stations in this
service shall cooperate in the selection and use of the frequencies
assigned in order to minimize interference and thereby obtain the most
effective use of the authorized facilities. In the event harmful
interference occurs or appears likely to occur between two or more radio
systems and such interference cannot be resolved between the licensees
thereof, the Commission may, after notice and opportunity for hearing,
require the licensees to make such changes in operating techniques or
equipment as it may deem necessary to avoid such interference.
[61 FR 26675, May 28, 1996]
Sec. 21.101 Frequency tolerance.
(a) The carrier frequency of each transmitter authorized in these
services shall be maintained within the following percentage of the
reference frequency except as otherwise provided in paragraph (b) of
this section or in the applicable subpart of this part (unless otherwise
specified in the instrument of station authorization the reference
frequency shall be deemed to be the assigned frequency):
------------------------------------------------------------------------
Frequency
tolerance
Frequency range (MHz) for fixed
stations
(percent)
------------------------------------------------------------------------
2,150 to 2,162 \1\ \2\..................................... 0.001
2,596 to 2,680 \2\......................................... 0.005
------------------------------------------------------------------------
\1\ Beginning Aug. 9, 1975, this tolerance will govern the marketing of
equipment pursuant to Sec. Sec. 2.803 and 2.805 of this chapter and
the issuance of all authorizations for new radio equipment. Until that
date new equipment may be authorized with a frequency tolerance of
0.03 percent in the frequency range 2,200 to 10,500 MHz and equipment
so authorized may continue to be used for its life provided that it
does not cause interference to the operation of any other licensee.
Equipment authorized in the frequency range 2,450 to 10,500 MHz prior
to June 23, 1969, at a tolerance of 0.05 percent may continue to be
used until February 1, 1976 provided it does not cause interference to
the operation of any other licensee.
\2\ Beginning January 21, 2000, the equipment authorized to be used at
all MDS main stations, and at all MDS booster stations authorized
pursuant to Sec. 21.913(b) of this part, shall maintain a frequency
tolerance of 0.001%. MDS booster stations authorized pursuant to Sec.
21.913(e) of this part and MDS response stations authorized pursuant
to Sec. 21.909 of this part shall employ transmitters with
sufficient frequency stability to ensure that the emission is, at all
times, within the required emission mask.
(b) As an additional requirement in any band where the Commission
makes assignments according to a specified channel plan, provisions
shall be made to prevent the emission included within the occupied
bandwidth from radiating outside the assigned channel at a level greater
than that specified in Sec. 21.106.
[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981;
48 FR 50329, Nov. 1, 1983; 48 FR 50732, Nov. 3, 1983; 49 FR 37775, Sept.
26, 1984; 54 FR 10327, Mar. 13, 1989; 54 FR 24905, June 12, 1989; 55 FR
46009, Oct. 31, 1990; 56 FR 57816, Nov. 14, 1991; 61 FR 26675, May 28,
1996; 63 FR 65101, Nov. 25, 1998; 64 FR 63730, Nov. 22, 1999]
Sec. Sec. 21.102-21.104 [Reserved]
Sec. 21.105 Bandwidth.
Each authorization issued pursuant to these rules will show, as the
emission designator, a symbol representing the class of emission which
shall be prefixed by a number specifying the
[[Page 52]]
necessary bandwidth. This figure does not necessarily indicate the
bandwidth actually occupied by the emission at any instant. In those
cases where part 2 of this chapter does not provide a formula for the
computation of the necessary bandwidth, the occupied bandwidth may be
used in the emission designator.
[49 FR 48700, Dec. 14, 1984]
Sec. 21.106 Emission limitations.
(a) The mean power of emissions shall be attenuated below the mean
output power of the transmitter in accordance with the following
schedule:
(1) When using transmissions other than those employing digital
modulation techniques:
(i) On any frequency removed from the assigned frequency by more
than 50 percent up to and including 100 percent of the authorized
bandwidth: At least 25 decibels;
(ii) On any frequency removed from the assigned frequency by more
than 100 percent up to and including 250 percent of the authorized
bandwidth: At least 35 decibels;
(iii) On any frequency removed from the assigned frequency by more
than 250 percent of the authorized bandwidth: At least 43+10 Log\10\
(mean output power in watts) decibels, or 80 decibels, whichever is the
lesser attenuation.
(2) When using transmissions employing digital modulation techniques
(see Sec. 21.122(b)) in situations other than those covered by subpart
K of this part:
(i) For operating frequencies below 15 GHz, in any 4 kHz band, the
center frequency of which is removed from the assigned frequency by more
than 50 percent up to and including 250 percent of the authorized
bandwidth: As specified by the following equation but in no event less
than 50 decibels. A=35+0.8(P;minus;50)+10 Log\10\ B. (Attenuation
greater than 80 decibels is not required.)
where:
A=Attenuation (in decibels) below the mean output power level.
P=Percent removed from the carrier frequency.
B=Authorized bandwidth in MHz.
(ii) In any 4 kHz band, the center frequency of which is removed
from the assigned frequency by more than 250 percent of the authorized
bandwidth: At least 43+10 Log\10\ (mean output power in watts) decibels,
or 80 decibels, whichever is the lesser attenuation.
(b) When an emission outside of the authorized bandwidth causes
harmful interference, the Commission may, at its discretion, require
greater attenuation than specified in paragraph (a) of this section.
[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981;
52 FR 23550, June 23, 1987; 61 FR 26675, May 28, 1996; 65 FR 46617, July
31, 2000]
Sec. 21.107 Transmitter power.
(a) The power which a station will be permitted to use in these
services will be the minimum required for satisfactory technical
operation commensurate with the size of the area to be served and local
conditions which affect radio transmission and reception. In cases of
harmful interference, the Commission may, after notice and opportunity
for hearing, order a change in the effective radiated power of a
station.
(b) The EIRP of a transmitter station employed in this radio service
shall not exceed the values shown in the following tabulation:
------------------------------------------------------------------------
Maximum
allowable
EIRP for a
Frequency range (MHz) fixed
station
(Watts)
------------------------------------------------------------------------
2,150 to 2,162............................................. \1\ 2000
2,596 to 2,680............................................. \1\ 2000
------------------------------------------------------------------------
\1\ When a Multipoint Distribution Service station uses a non-
omnidirectional antenna EIRP up to 7943 Watts may be authorized
pursuant to Sec. 21.904(b) of this Part.
[44 FR 60534, Oct. 19, 1979, as amended at 49 FR 37775, Sept. 26, 1984;
52 FR 7140, Mar. 9, 1987; 52 FR 37783, Oct. 9, 1987; 54 FR 10328, Mar.
13, 1989; 54 FR 24905, June 12, 1989; 55 FR 46009, Oct. 31, 1990; 56 FR
57816, Nov. 14, 1991; 58 FR 49224, Sept. 22, 1993; 61 FR 26675, May 28,
1996]
[[Page 53]]
Sec. 21.108 [Reserved]
Sec. 21.109 Antenna and antenna structures.
(a) In the event harmful interference is caused to the operation of
other stations, the Commission may, after notice and opportunity for
hearing, order changes to be made in the height, orientation, gain and
radiation pattern of the antenna system.
(b) The Commission may require the replacement, at the licensee's
expense, of any antenna system of a permanent fixed station operating at
2500 MHz or higher upon a showing that said antenna causes or is likely
to cause interference to any other authorized or proposed station.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987; 61
FR 26675, May 28, 1996]
Sec. 21.110 Antenna polarization.
Stations operating in the radio services included in this part are
not limited as to the type of polarization of the radiated signal,
provided, however, that in the event interference in excess of
permissible levels is caused to the operation of other stations the
Commission may, after notice and opportunity for hearing, order the
licensee to change the polarization of the radiated signal. No change in
polarization shall be made without prior authorization from the
Commission.
[52 FR 37783, Oct. 9, 1987]
Sec. 21.111 Use of common antenna structure.
The simultaneous use of a common antenna structure by more than one
station authorized under this part, or by one or more stations of any
other service may be authorized. The owner, however, of each antenna
structure required to be painted and/or illuminated under the provisions
of Section 303(q) of the Communications Act of 1934, as amended, shall
install and maintain the antenna structure painting and lighting in
accordance with part 17 of this chapter. In the event of default by the
owner, each licensee or permittee shall be individually responsible for
conforming to the requirements pertaining to antenna structure painting
and lighting.
[61 FR 4365, Feb. 6, 1996]
Sec. 21.112 Marking of antenna structures.
No owner, conditional licensee, or licensee of an antenna structure
for which obstruction marking or lighting is required and for which an
antenna structure registration number has been obtained, shall
discontinue the required painting or lighting without having obtained
prior written authorization therefor from the Commission. (For complete
regulations relative to antenna marking requirements, see part 17 of
this chapter.)
[61 FR 4365, Feb. 6, 1996]
Sec. 21.113 Quiet zones and Arecibo Coordination Zone.
Quiet zones are those areas where it is necessary to restrict
radiation so as to minimize possible impact on the operations of radio
astronomy or other facilities that are highly sensitive to radio
frequency interference. The areas involved and procedures required are
as follows:
(a) In order to minimize possible harmful interference at the
National Radio Astronomy Observatory site located at Green Bank,
Pocahontas County, West Virginia, and at the Naval Radio Research
Observatory site at Sugar Grove, Pendleton County, West Virginia, any
applicant for a station authorization other than mobile, temporary base,
or temporary fixed seeking authorization for a new station or to modify
an existing station in a manner which would change either the frequency,
power, antenna height or directivity, or location of such a station
within the area bounded by 39[deg]15[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, Post Office Box No. 2, Green Bank,
West Virginia 24944, in writing, of the technical particulars of the
proposed operation. Such notification shall include the geographical
coordinates of the antenna, antenna height, antenna directivity (if
[[Page 54]]
any), proposed frequency, type of emission, and power. In addition, the
applicant shall indicate in his application to the Commission the date
notification was made to the Observatory. After receipt of such
applications, the Commission will allow a period of twenty (20) days for
comments or objections in response to the notifications indicated. If an
objection to the proposed operation is received during the 20-day period
from the National Radio Astronomy Observatory for itself or on behalf of
the Naval Radio Research Observatory, the Commission will consider all
aspects of the problem and take whatever action is deemed appropriate.
(b) In order to minimize possible harmful interference at the Table
Mountain Radio Receiving Zone of the Research Laboratories of the
Department of Commerce located in Boulder County, Colorado, applicants
for new or modified radio facilities in the vicinity of Boulder County,
Colorado are advised to give due consideration prior to filing
applications, to the need to protect the Table Mountain Radio Receiving
Zone from harmful interference. To prevent degradation of this present
ambient radio signal level at the site, the Department of Commerce seeks
to ensure that the field strengths of any radiated signals (excluding
reflected signals) received on this 728.4 hectare (1800 acre) site (in
the vicinity of coordinates 40[deg]07[min]50[sec] N Latitude,
105[deg]15[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:
------------------------------------------------------------------------
Field Power flux
strength density \1\
(mV/m) in (dbW/m2) in
Frequency range authorized authorized
bandwidth bandwidth
of service of service
------------------------------------------------------------------------
Below 540 kHz.................................. 10 -65.8
540 to 1600 kHz................................ 20 -59.8
1.6 to 470 MHz................................. 10 \2\ -65.8
470 to 890 MHz................................. 30 \2\ -54.2
Above 890 MHz.................................. 1 \2\ -85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are calculated assuming free
space characteristic impedance of 376.7=120[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 (1.5 miles);
(ii) Stations within 4.8 kilometers (3 miles) with 50 watts or more
average effective radiated power (ERP) in the primary plane of
polarization in the azimuthal direction of the Table Mountain Radio
Receiving Zone;
(iii) Stations within 16.1 kilometers (10 miles) with 1 kW or more
average ERP in the primary plane of polarization in the azimuthal
direction of Table Mountain Receiving Zone;
(iv) Stations within 80.5 kilometers (50 miles) with 25 kW or more
average ERP in the primary plane of polarization in the azimuthal
direction of Table Mountain Receiving Zone.
(2) Applicants concerned are urged to communicate with the Radio
Frequency Management Coordinator, Department of Commerce, Research
Support Services, NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303;
telephone (303) 497-6548, in advance of filling their applications with
the Commission.
(3) The Commission will not screen applications to determine whether
advance consultation has taken place. However, applicants are advised
that such consultation can avoid objections from the Department of
Commerce or proceedings to modify any authorization which may be granted
which, in fact, delivers a signal at the site in excess of the field
strength specified herein.
(c) Protection for Federal Communications Commission monitoring
stations:
(1) Applicants in the vicinity of an FCC monitoring station for a
radio station authorization to operate new transmitting facilities or
changed transmitting facilities which would increase the field strength
produced over
[[Page 55]]
the monitoring station over that previously authorized are advised to
give consideration, prior to filing applications, to the possible need
to protect the FCC stations from harmful interference. Geographical
coordinates of the facilities which require protection are listed in
Sec. 0.121(c) of the Commission's Rules. Applications for stations
(except mobile stations) which will produce on any frequency a direct
wave fundamental field strength of greater than 10 mV/m in the
authorized bandwidth of service (-65.8 dBW/m\2\ power flux density
assuming a free space characteristic impedance of 120 ohms) at the
referenced coordinates, may be examined to determine extent of possible
interference. Depending on the theoretical field strength value and
existing root-sum-square or other ambient radio field signal levels at
the indicated coordinates, a clause protecting the monitoring station
may be added to the station authorization.
(2) In the event that calculated value of expected field exceeds 10
mV/m (-65.8 dBW/m\2\) at the reference coordinates, or if there is any
question whether field strength levels might exceed the threshold value,
advance consultation with the FCC to discuss any protection necessary
should be considered. Prospective applicants may communicate with:
Chief, Compliance and Information Bureau, Federal Communications
Commission, Washington, DC 20554, Telephone (202) 632-6980.
(3) Advance consultation is suggested particularly for those
applicants who have no reliable data which indicates whether the field
strength or power flux density figure indicated would be exceeded by
their proposed radio facilities (except mobile stations). In such
instances, the following is a suggested guide for determining whether an
applicant should coordinate:
(i) All stations within 2.4 kilometers (1.5 statute miles);
(ii) Stations within 4.8 kilometers (3 statute miles) with 50 watts
or more average effective radiated power (ERP) in the primary plane of
polarization in the azimuthal direction of the Monitoring Stations.
(iii) Stations within 16.1 kilometers (10 miles) with 1 kW or more
average ERP in the primary plane of polarization in the azimuthal
direction of the Monitoring Station.
(iv) Stations within 80.5 kilometers (50 miles) with 25 kW or more
average ERP in the primary plane of polarization in the azimuthal
direction of the Monitoring Station.
(4) Advance coordination for stations operating above 1000 MHz is
recommended only where the proposed station is in the vicinity of a
monitoring station designated as a satellite monitoring facility in
Sec. 0.121(c) of the Commission's Rules and also meets the criteria
outlined in paragraphs (c) (2) and (3) of this section.
(5) The Commission will not screen applications to determine whether
advance consultation has taken place. However, applicants are advised
that such consultation can avoid objections from the Federal
Communications Commission or modification of any authorization which
will cause harmful interference.
(d) Any applicant for a new permanent base or fixed station to be
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and
Culebra, or for a modification of an existing authorization which would
change the frequency, power, antenna height, directivity, or location of
a station on these islands and would increase the likelihood of the
authorized facility causing interference, shall notify the Interference
Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico
00613, in writing or electronically, of the technical parameters of the
proposal. Applicants may wish to consult interference guidelines, which
will be provided by Cornell University. Applicants who choose to
transmit information electronically should e-mail to: [email protected]
(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.
[[Page 56]]
Generally, submission of the information in the technical portion of the
FCC license application is adequate notification. In addition, the
applicant shall indicate in its application to the Commission the date
notification was made to the Arecibo Observatory.
(2) After receipt of such applications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections
in response to the notification indicated. The applicant will be
required to make reasonable efforts in order to resolve or mitigate any
potential interference problem with the Arecibo Observatory and to file
either an amendment to the application or a modification application, as
appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
(3) The provisions of this paragraph do not apply to operations that
transmit on frequencies above 15 GHz.
[44 FR 60534, Oct. 19, 1979, as amended at 44 FR 77167, Dec. 31, 1979;
50 FR 39001, Sept. 26, 1985; 52 FR 37783, Oct. 9, 1987; 58 FR 44894,
Aug. 25, 1993; 61 FR 8477, Mar. 5, 1996; 62 FR 55530, Oct. 27, 1997]
Sec. Sec. 21.114-21.115 [Reserved]
Sec. 21.116 Topographical data.
Determining the location and height above sea level of the antenna
site, the elevation or contour intervals shall be taken from United
States Geological Survey Topographic Quadrangle Maps, United States Army
Corps of Engineers maps or Tennessee Valley Authority maps, whichever is
the latest, for all areas for which such maps are available. If such
maps are not published for the area in question, the next best
topographic information should be used. Topographic data may sometimes
be obtained from State and municipal agencies. Data from Sectional
Aeronautical Charts (including bench marks) or railroad depot elevations
and highway elevations from road maps may be used where no better
information is available. In cases where limited topographic data is
available, use may be made of an altimeter in a car driven along roads
extending generally radially from the transmitter site. If it appears
necessary, additional data may be requested. United States Geological
Survey Topographic Quadrangle Maps may be obtained from the Department
of the Interior, Geological Survey, Washington, DC 20242. Sectional
Aeronautical Charts are available from the Department of Commerce, Coast
and Geodetic Survey, Washington, DC 20230.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]
Sec. 21.117 Transmitter location.
(a) The applicant shall determine, prior to filing an application
for a radio station authorization, that the antenna site specified
therein is adequate to render the service proposed. In cases of
questionable antenna locations, it is desirable to conduct propagation
tests to indicate the field intensity which may be expected in the
principal areas or at the fixed points of communication to be served,
particularly where severe shadow problems may be expected. In
considering applications proposing the use of such locations, the
Commission may require site survey tests to be made pursuant to a
developmental authorization in the particular service concerned. In such
cases, propagation tests should be conducted in accordance with
recognized engineering methods and should be made with a transmitting
antenna simulating, as near as possible, the proposed antenna
installation. Full data obtained from such surveys and its analysis,
including a description of the methods used and the name, address and
qualifications of the engineer making the survey, must be supplied to
the Commission.
(b) The owner of the antenna structure should locate and construct
such structure as to avoid making them hazardous to air navigation. (See
part 17 of this chapter for provisions relating to antenna structures.)
Such installation shall be maintained in good structural condition
together with any required painting or lighting.
[44 FR 60534, Oct. 19, 1979, as amended at 61 FR 4365, Feb. 6, 1996]
[[Page 57]]
Sec. 21.118 Transmitter construction and installation.
(a) The equipment at the operating and transmitting positions shall
be so installed and protected that it is not accessible to, or capable
of being operated by, persons other than those duly authorized by the
licensee.
(b) In any case where the maximum modulating frequency of a
transmitter is prescribed by the Commission, the transmitter shall be
equipped with a low-pass or band-pass modulation filter of suitable
performance characteristics. In those cases where a modulation limiter
is employed, the modulation filter shall be installed between the
transmitter stage in which limiting is effected and the modulated stage
of the transmitter.
(c) Each transmitter employed in these services shall be equipped
with an appropriately labeled pilot lamp or meter which will provide
continuous visual indication at the transmitter when its control
circuits have been placed in a condition to activate the transmitter.
Such requirement will not be applicable to MDS response stations or MDS
booster stations authorized pursuant to Sec. 21.913(e). In addition,
facilities shall be provided at each transmitter to permit the
transmitter to be turned on and off independently of any remote control
circuits associated therewith.
(d) [Reserved]
(e) At each transmitter control point the following facilities shall
be installed:
(1) A carrier operated device which will provide continuous visual
indication when the transmitter is radiating, or, in lieu thereof, a
pilot lamp or meter which will provide continuous visual indication when
the transmitter control circuits have been placed in a condition to
activate the transmitter.
(2) Facilities which will permit the operator to turn transmitter
carrier on and off at will.
(f) Transmitter control circuits from any control point shall be so
installed that grounding or shorting any line in the control circuit
will not cause the transmitter to radiate: Provided, however, That this
provision shall not be applicable to control circuits of stations which
normally operate with continuous radiation or to control circuits which
are under the effective operational control of responsible operating
personnel 24 hours per day.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987; 63
FR 65101, Nov. 25, 1998]
Sec. 21.119 [Reserved]
Sec. 21.120 Authorization of transmitters.
(a) Except for transmitters used at developmental stations, each
transmitter shall be a type which has been certificated by the
Commission for use under the applicable rules of this part.
(b) Any manufacturer of a transmitter to be produced for use under
the rules of this part may request certification by following the
applicable procedures set forth in part 2 of this chapter. Type accepted
and notified transmitters are included in the Commission's Radio
Equipment List.
(c) Certification for an individual transmitter may also be
requested by an applicant for a station authorization, pursuant to the
procedures set forth in part 2 of this chapter.
[44 FR 60534, Oct. 19, 1979, as amended at 49 FR 3999, Feb. 1, 1984; 50
FR 7340, Feb. 22, 1985; 58 FR 49226, Sept. 22, 1993; 59 FR 19645, Apr.
25, 1994; 61 FR 26676, May 28, 1996; 63 FR 36603, July 7, 1998]
Sec. 21.121 [Reserved]
Sec. 21.122 Microwave digital modulation.
(a) Microwave transmitters employing digital modulation techniques
and operating below 15 GHz shall, with appropriate multiplex equipment,
comply with the following additional requirement: The bit rate, in bits
per second, shall be equal to or greater than the bandwidth specified by
the emission designator in Hertz (e.g., to be acceptable, equipment
transmitting at a 6 Mb/s rate must not require a bandwidth of greater
than 6 MHz), except the bandwidth used to calculate the minimum rate
shall not include any authorized guard band.
(b) For purposes of compliance with the emission limitation
requirements of Sec. 21.106(a)(2) of this part and the requirements of
paragraph (a) of this section, digital modulation techniques are
considered as being employed when
[[Page 58]]
digital modulation contributes 50 percent or more to the total peak
frequency deviation of a transmitted radio frequency carrier. The total
peak frequency deviation shall be determined by adding the deviation
produced by the digital modulation signal and the deviation produced by
any frequency division multiplex (FDM) modulation used. The deviation
(D) produced by the FDM signal shall be determined in accordance with
Sec. 2.202(f) of part 2 of this chapter.
(c) Transmitters employing digital modulation techniques shall
effectively eliminate carrier spikes or single frequency tones in the
output signal to the degree which would be obtained without repetitive
patterns occurring in the signal.
[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23451, Apr. 27, 1981;
49 FR 37775, Sept. 26, 1984; 58 FR 49226, Sept. 22, 1993; 61 FR 26676,
May 28, 1996]
Subpart D_Technical Operation
Sec. 21.200 Station inspection.
The licensee of each station authorized in the radio services
included in this part shall make the station available for inspection by
representatives of the Commission at any reasonable hour.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987]
Sec. 21.201 Posting of station license.
(a) The instrument of authorization, a clearly legible photocopy
thereof, or the name, address and telephone number of the custodian of
the instrument of authorization shall be available at each station,
booster station authorized pursuant to Sec. 21.913(b) and MDS response
station hub. Each operator of an MDS booster station shall post at the
booster station the name, address and telephone number of the custodian
of the notification filed pursuant to Sec. 21.913(e) if such
notification is not maintained at the booster station.
(b) If an MDS station, an MDS booster station or an MDS response
station hub is operated unattended, the call sign and name of the
licensee shall be displayed such that it may be read within the vicinity
of the transmitter enclosure or antenna structure.
[64 FR 63731, Nov. 22, 1999]
Sec. Sec. 21.202-21.208 [Reserved]
Sec. 21.209 Communications concerning safety of life and property.
(a) Handling and transmission of messages concerning the safety of
life or property which is in imminent danger shall be afforded priority
over other messages.
(b) No person shall knowingly cause to be transmitted any false or
fraudulent message concerning the safety of life or property, or refuse
upon demand immediately to relinquish the use of a radio circuit to
enable the transmission of messages concerning the safety of life or
property which is in imminent danger, or knowingly interfere or
otherwise obstruct the transmission of such messages.
Sec. 21.210 Operation during emergency.
The licensee of any station in these services may, during a period
of emergency in which normal communication facilities are disrupted as a
result of hurricane, flood, earthquake, or similar disaster, utilize
such station for emergency communication service in a manner other than
that specified in the instrument of authorization: Provided, That (a)
That as soon as possible after the beginning of such emergency use,
notice be sent to the Commission at Washington, D.C. stating the nature
of the emergency and the use to which the station is being put, and (b)
that the emergency use of the station shall be discontinued as soon as
substantially normal communication facilities are again available, and
(c) that the Commission at Washington, D.C. shall be notified
immediately when such special use of the station is terminated, and (d)
that, in no event, shall any station engage in emergency transmission on
frequencies other than, or with power in excess of, that specified in
the instrument of authorization or as otherwise expressly provided by
the Commission, or by law, and (e) that the Commission may, at any time,
order
[[Page 59]]
the discontinuance of any such emergency communication.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]
Sec. 21.211 Suspension of transmission.
Transmission shall be suspended immediately upon detection by the
station or operator licensee or upon notification by the Commission of a
deviation from the technical requirements of the station authorization
and shall remain suspended until such deviation is corrected, except for
transmission concerning the immediate safety of life or property, in
which case transmission shall be suspended immediately after the
emergency is terminated.
Subpart E_Miscellaneous
Sec. 21.300 [Reserved]
Sec. 21.301 National defense; free service.
Any common carrier or Multipoint Distribution Service non-common
carrier authorized under the rules of this part may render to any agency
of the United States Government free service in connection with the
preparation for the national defense. Every such carrier or Multipoint
Distribution Service non-common carrier rendering any such free service
shall make and file, in duplicate, with the Commission, on or before the
31st of July and on or before the 31st day of January in each year,
reports covering the periods of 6 months ending on the 30th of June and
the 31st of December, respectively, next prior to said dates. These
reports shall show the names of the agencies to which free service was
rendered pursuant to this rule, the general character of the
communications handled for each agency, and the charges in dollars which
would have accrued to the carrier or Multipoint Distribution Service
non-common carrier for such service rendered to each agency if charges
for such communications had been collected at the published tariff
rates.
[52 FR 27555, July 22, 1987]
Sec. 21.302 Answers to notices of violation.
Any person receiving official notice of a violation of the terms of
the Communications Act of 1934, as amended, any other Federal statute or
Executive Order pertaining to radio or wire communications or any
international radio or wire communications treaty or convention, or
regulations annexed thereto to which the United States is a party, or
the rules and regulations of the Federal Communications Commission,
shall, within 10 days from such receipt, send a written answer to the
office of the Commission originating the official notice. If an answer
cannot be sent or an acknowledgment made within such 10-day period by
reason of illness or other unavoidable circumstances, acknowledgment and
answer shall be made at the earliest practicable date with a
satisfactory explanation of the delay. The answer to each notice shall
be complete in itself and shall not be abbreviated by reference to other
communications or answers to other notices. If the notice relates to
some violation that may be due to the physical or electrical
characteristics of transmitting apparatus, the answer shall state fully
what steps have been taken to prevent future violations, and, if any new
apparatus is to be installed, the date such apparatus was ordered, the
name of the manufacturer, and promised date of delivery. If the
installation of such apparatus requires a construction permit, the file
number of the application shall be given or, if a file number has not
been assigned by the Commission, such identification as will permit
ready reference thereto. If the notice of violation relates to
inadequate maintenance resulting in improper operation of the
transmitter, the name and license number of the operator performing the
maintenance shall be given. If the notice of violation relates to some
lack of attention to, or improper operation of, the transmitter by other
employees, the reply shall set forth the steps taken to prevent a
recurrence of such lack of attention or improper operation.
Sec. 21.303 Discontinuance, reduction or impairment of service.
(a) If the public communication service provided by a station
subject to
[[Page 60]]
this rule part is involuntarily discontinued, reduced or impaired for a
period exceeding 48 hours, the station licensee shall promptly give
notification thereof in writing to the Wireless Telecommunications
Bureau at Washington, DC 20554. In every such case, the licensee shall
furnish full particulars as to the reasons for such discontinuance,
reduction or impairment of service, including a statement as to when
normal service is expected to be resumed. When normal service is
resumed, prompt notification thereof shall be given in writing to the
Wireless Telecommunications Bureau at Federal Communications Commission,
Washington, DC 20554.
(b) No station licensee subject to title II of the Communications
Act of 1934, as amended, shall voluntarily discontinue, reduce or impair
public communication service to a community or part of a community
without obtaining prior authorization from the Commission pursuant to
the procedures set forth in part 63 of this chapter or complying with
the requirements set forth at Sec. 21.910. In the event that permanent
discontinuance of service is authorized by the Commission, the station
licensee shall promptly send the station license for cancellation to the
Wireless Telecommunications Bureau at Federal Communications Commission,
Washington, DC 20554, except that station licenses need not be
surrendered for cancellation if the discontinuance is a result of a
change of status by a Multipoint Distribution Service licensee from
common carrier to non-common carrier pursuant to Sec. 21.910.
(c) Any station licensee, not subject to title II of the
Communications Act of 1934, as amended, who voluntarily discontinues,
reduces or impairs public communication service to a community or a part
of a community shall give written notification to the Commission within
7 days thereof. In the event of permanent discontinuance of service, the
station licensee shall promptly send the station license for
cancellation to the Wireless Telecommunications Bureau at Federal
Communications Commission, Washington, DC 20554, except that Multipoint
Distribution Service station licenses need not be surrendered for
cancellation if the discontinuance is a result of a change of status by
a Multipoint Distribution Service licensee from non-common carrier to
common carrier.
(d) If any radio frequency should not be used to render any service
as authorized during a consecutive period of twelve months at any time
after construction is completed and a certification of completion of
construction has been filed, under circumstances that do not fall within
the provisions of paragraph (a), (b) or (c) of this section, or, if
removal of equipment or facilities has rendered the station not
operational, the licensee shall, within thirty days of the end of such
period of nonuse:
(1) Submit for cancellation the station license (or licenses) to the
Commission at Washington, DC 20554.
(2) File an application for modification of the license (or
licenses) to delete the unused frequency (or frequencies); or
(3) Request waiver of this rule and demonstrate either that the
frequency will be used (as evidenced by appropriate requests for
service, etc.) within six months of the end of the initial period of
nonuse, or that the frequency will be converted to allow rendition of
other authorized public services within one year of the end of the
initial period of nonuse by the filing of appropriate applications
within six months of the end of the period of nonuse.
If any frequency authorization is cancelled under this paragraph, the
Commission will declare by public notice the frequency (or frequencies)
vacated.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27555, July 22, 1987;
52 FR 37784, Oct. 9, 1987; 58 FR 19774, Apr. 16, 1993; 61 FR 26676, May
28, 1996; 67 FR 13230, Mar. 21, 2002]
Sec. 21.304 Tariffs, reports, and other material required to be submitted
to the Commission.
Sections 1.771 through 1.815 of this chapter contain summaries of
certain materials and reports, including schedule of charges and
accounting and financial reports, which, when applicable, must be filed
with the Commission. These requirements likewise shall
[[Page 61]]
apply to licensees which alternate between rendering service on a common
carrier and non-common carrier basis.
[63 FR 65102, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999]
Sec. 21.305 Reports required concerning amendments to charters and
partnership agreements.
Any amendments to charters, articles of incorporation or
association, or partnership agreements shall promptly be filed at the
Commission's main office in Washington, DC. Such filing shall be
directed to the attention of the Chief, Wireless Telecommunications
Bureau.
[44 FR 60534, Oct. 19, 1979, as amended at 67 FR 13224, Mar. 21, 2002]
Sec. 21.306 Requirement that licensees respond to official communications.
All licensees in these services are required to respond to official
communications from the Commission with reasonable dispatch and
according to the tenor of such communications. Failure to do so will be
given appropriate consideration in connection with any subsequent
applications which the offending party may file and may result in the
designation of such applications for hearing, or in appropriate cases,
the institution of proceedings looking to the modification or revocation
of the pertinent authorizations.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]
Sec. 21.307 Equal employment opportunities.
(a) General policy. Equal opportunities in employment must be
afforded by all common carrier and Multipoint Distribution Service non-
common carrier licensees or conditional licensees to all qualified
persons, and no personnel shall be discriminated against in employment
because of sex, race, color, religion, or national origin.
(b) Equal employment opportunity program. Each licensee or
conditional licensee must establish, maintain, and carry out, a positive
continuing program of specific practices designed to assure equal
opportunity in every aspect of employment policy and practice. Under the
terms of its program, a licensee or conditional licensee must:
(1) Define the responsibility of each level of management to insure
a positive application and vigorous enforcement of the policy of equal
opportunity, and establish a procedure to review and control managerial
and supervisory performance.
(2) Inform its employees and recognized employee organizations of
the positive equal employment opportunity policy and program and enlist
their cooperation.
(3) Communicate its equal employment opportunity policy and program
and its employment needs to sources of qualified applicants without
regard to sex, race, color, religion, or national origin, and solicit
their recruitment assistance on a continuing basis.
(4) Conduct a continuing campaign to exclude every form of prejudice
or discrimination based upon sex, race, color, religion, or national
origin, from the licensee's or conditional licensee's personnel policies
and practices and working conditions.
(5) Conduct a continuing review of job structure and employment
practices and adopt positive recruitment, training, job design and other
measures needed in order to insure genuine equality of opportunity to
participate fully in all organizational units, occupations and levels of
responsibility.
(c) Additional information to be furnished to the Commission. (1)
Equal Employment Programs to be filed by common carrier and Multipoint
Distribution Service non-common carrier licensees and conditional
licensees:
(i) All licensees or conditional licensees must file a statement of
their equal employment opportunity program not later than December 17,
1970, indicating specific practices to be followed in order to assure
equal employment opportunity on the basis of sex, race, color, religion,
or national origin in such aspects of employment practices as regards
recruitment, selection, training, placement, promotion, pay, working
conditions, demotion, layoff and termination.
(A) Any changes or amendments to existing programs should be filed
with the Commission on April 1 of each year thereafter.
[[Page 62]]
(B) If a licensee or conditional licensee has fewer than 16 full-
time employees, no such statement need be filed.
(2) The program should reasonably address itself to such specific
areas as set forth below, to the extent that they are appropriate in
terms of licensee size, location, etc.
(i) To assure nondiscrimination in recruiting. (A) Posting notices
in the licensee's or conditional licensee's offices informing applicants
for employment of their equal employment rights and their right to
notify the Equal Employment Opportunity Commission, the Federal
Communications Commission, or other appropriate agency. Where a
substantial number of applicants are Spanish-surnamed Americans such
notice should be posted in Spanish and English.
(B) Placing a notice in bold type on the employment application
informing prospective employees that discrimination because of sex,
race, color, religion, or national origin is prohibited and that they
may notify the Equal Employment Opportunity Commission, the Federal
Communications Commission or other appropriate agency if they believe
they have been discriminated against.
(C) Placing employment advertisements in media which have
significant circulation among minority-group people in the recruiting
area.
(D) Recruiting through schools and colleges with significant
minority group enrollments.
(E) Maintaining systematic contacts with minority and human
relations organizations, leaders, and spoksmen to encourage referral of
qualified minority or female applicants.
(F) Encouraging present employees to refer minority or female
applicants.
(G) Making known to the appropriate recruitment sources in the
employer's immediate area that qualified minority members are being
sought for consideration whenever the licensee or conditional licensee
hires.
(ii) To assure nondiscrimination in selection and hiring. (A)
Instructing personally those on the staff of the licensee or conditional
licensee who make hiring decisions that all applicants for all jobs are
to be considered without discrimination.
(B) Where union agreements exist, cooperating with the union or
unions in the development of programs to assure qualified minority
persons or females of equal opportunity for employment, and including an
effective nondiscrimination clause in new or renegotiated union
agreements.
(C) Avoiding use of selection techniques or tests which have the
effect of discriminating against minority groups or females.
(iii) To assure nondiscriminatory placement and promotions. (A)
Instructing personally those of the licensee's or conditional licensee's
staff who make decisions on placement and promotion that minority
employees and females are to be considered without discrimination, and
that job areas in which there is little or no minority or female
representation should be reviewed to determine whether this results from
discrimination.
(B) Giving minority groups and female employees equal opportunity
for positions which lead to higher positions. Inquiring as to the
interest and skills of all lower-paid employees with respect to any of
the higher-paid positions, followed by assistance, counseling, and
effective measures to enable employees with interest and potential to
qualify themselves for such positions.
(C) Reviewing seniority practices to insure that such practices are
nondiscriminatory and do not have a discriminatory effect.
(D) Avoiding use of selection techniques or tests, which have the
effect of discriminating against minority groups or females.
(iv) To assure nondiscrimination in other areas of employment
practices. (A) Examining rates of pay and fringe benefits for present
employees with equivalent duties, and adjusting any inequities found.
(B) Providing opportunity to perform overtime work on a basis that
does not discriminate against qualified minority groups or female
employees.
(d) Report of complaints filed against licensees and conditional
licensees. (1) All licensees or conditional licensees must submit an
annual report to the FCC no
[[Page 63]]
later than May 31 of each year indicating whether any complaints
regarding violations by the licensee or conditional licensee or equal
employment provisions of Federal, State, Territorial, or local law have
been filed before anybody having competent jurisdiction.
(i) The report should state the parties involved, the date filing,
the courts or agencies before which the matters have been heard, the
appropriate file number (if any), and the respective disposition or
current status of any such complaints.
(ii) Any licensee or conditional licensee who has filed such
information with the EEOC need not do so with the Commission, if such
previous filing is indicated.
(e) Complaints of violations of equal employment programs. (1)
Complaints alleging employment discrimination against a common carrier
or Multipoint Distribution Service non-common carrier licensee or
conditional licensee will be considered by the Commission in the
following manner:
(i) If a complaint raising an issue of discrimination is received
against a licensee or conditional licensee who is within the
jurisdiction of the EEOC, it will be submitted to that agency. The
Commission will maintain a liaison with that agency which will keep the
Commission informed of the disposition of complaints filed against any
of the common carrier or Multipoint Distribution Service non-common
carrier licensees or conditional licensees.
(ii) Complaints alleging employment discrimination against a common
carrier or Multipoint Distribution Service non-common carrier licensee
or conditional licensee who does not fall under the jurisdiction of the
EEOC but is covered by appropriate enforceable State law, to which
penalties apply, may be submitted by the Commission to the respective
state agency.
(iii) Complaints alleging employment discrimination against a common
carrier or Multipoint Distribution Service non-common carrier licensee
or conditional licensee who does not fall under the jurisdiction of the
EEOC or an appropriate State law, will be accorded appropriate treatment
by the FCC.
(iv) The Commission will consult with the EEOC on all matters
relating to the evaluation and determination of compliance with the
common carrier and Multipoint Distribution Service non-common carrier
licensees or conditional licensees with the principles of equal
employment as set forth herein.
(2) Complaints indicating a general pattern of disregard of equal
employment practices which are received against a licensee or
conditional licensee who is required to file an employment report to the
Commission under Sec. 1.815(a) of this chapter, will be investigated by
the Commission.
(f) Records available to the public--(1) Commission records. A copy
of every annual employment report, equal employment opportunity
programs, and reports on complaints regarding violations of equal
employment provisions of Federal, State, territorial, or local law, and
copies of all exhibits, letters, and other documents filed as part
thereof, all amendments thereto, all correspondence between the
conditional licensee or licensee and the Commission pertaining to the
reports after they have been filed and all documents incorporated
therein by reference, are open for public inspection at the offices of
the Commission.
(2) Records to be maintained locally for public inspection by
licensees or conditional licensees--(i) Records to be maintained. Each
common carrier or Multipoint Distribution Service non-common carrier
licensee or conditional licensee required to file annual employment
reports, equal employment opportunity programs, and annual reports on
complaints regarding violations of equal employment provisions of
Federal, State, territorial, or local law must maintain, for public
inspection, in the same manner and in the same locations as required for
the keeping and posting of tariffs as set forth in Sec. 61.72 of this
chapter, a file containing a copy of each such report and copies of all
exhibits, letters, and other documents filed as part thereto, all
correspondence between the conditional licensee or licensee and the
Commission pertaining to the reports after they have been filed and all
documents incorporated therein by reference.
[[Page 64]]
(ii) Period of retention. The documents specified in paragraph
(f)(2)(i) of this section shall be maintained for a period of 2 years.
(g) Cross reference. Applicability of cable television EEO
requirements to MDS and MMDS facilities, see Sec. 21.920.
[44 FR 60534, Oct. 19, 1979, as amended at 56 FR 57816, Nov. 14, 1991;
58 FR 42249, Aug. 9, 1993]
Subpart F_Developmental Authorizations
Sec. 21.400 Eligibility.
Developmental authorizations for stations in the radio services
included in this part will be issued only to existing and proposed
communication common carriers who are legally, financially and otherwise
qualified to conduct experimentation utilizing hertzian waves for the
development of engineering or operational data, or techniques, directly
related to a proposed part 21 radio service or to a regularly
established radio service regulated by the rules of this part.
Sec. 21.401 Scope of service.
Developmental authorizations may be issued for:
(a) Field strength surveys relative to or precedent to the filing of
applications for licenses, in connection with the selection of suitable
locations for stations proposed to be established in any of the
regularly established radio services regulated by the rules of this
part; or
(b) The testing of existing or authorized antennas, wave guides, or
transmission paths.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]
Sec. 21.402 Adherence to program of research and development.
The program of research and development, as stated by an applicant
in the application for license or stated in the instrument of station
authorization, shall be substantially adhered to unless the licensee is
otherwise authorized by the Commission.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]
Sec. 21.403 Special procedure for the development of a new service or
for the use of frequencies not in accordance with the provisions of the
rules in this part.
(a) An authorization for the development of a new common carrier
service not in accordance with the provisions of the rules in this part
may be granted for a limited time, but only after the Commission has
made a preliminary determination with respect to the factors set forth
in this paragraph, as each case may require. This procedure also applies
to any application that involves use of a frequency which is not in
accordance with the provisions of the rules in this part, although in
accordance with the Table of Frequency Allocations contained in part 2
of this chapter. (An application which involves use of a frequency which
is not in accordance with the Table of Frequency Allocations in part 2
of this chapter should be filed in accordance with the provisions of
part 5 of this chapter, Experimental Radio Services (other than
Broadcast).) The factors with respect to which the Commission will make
a preliminary determination before acting on an application filed under
this paragraph are as follows:
(1) That the public interest, convenience or necessity warrants
consideration of the establishment of the proposed service or the use of
the proposed frequency;
(2) That the proposed operation appears to warrant consideration to
effect a change in the provisions of the rules in this part; and/or
(3) That some operational data should be developed for consideration
in any rule making proceeding which may be initiated.
(b) Applications for stations which are intended to be used in the
development of a proposed service shall be accompanied by a petition to
amend the Commission's rules with respect to frequencies and such other
items as may be necessary to provide for the regular establishment of
the proposed service.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]
[[Page 65]]
Sec. 21.404 Terms of grant; general limitations.
(a) Developmental authorizations normally shall be issued for one
year, or such shorter term as the Commission may deem appropriate in any
particular case, and shall be subject to cancellation without hearing by
the Commission at any time upon notice to the licensee.
(b) Where some phases of the developmental program are not covered
by the general rules of the Commission or by the rules of this part, the
Commission may specify supplemental or additional requirements or
conditions in each case as it may deem necessary in the public interest,
convenience or necessity.
(c) Frequencies allocated to the service toward which such
development is directed will be assigned for developmental operation on
the basis that no interference will be caused to the regular services of
stations operating in accordance with the Commission's Table of
Frequency Allocations (Sec. 2.106 of this chapter).
(d) The rendition of communication service for hire is not permitted
under any developmental authorizations unless specifically authorized by
the Commission.
(e) The grant of a developmental authorization carries with it no
assurance that the developmental program, if successful, will be
authorized on a permanent basis either as to the service involved or the
use of the frequencies assigned or any other frequencies.
Sec. 21.405 Supplementary showing required.
(a) Authorizations for development of a proposed radio service in
the services included in this part will be issued only upon a showing
that the applicant has a definite program of research and development,
the details of which shall be set forth, which has reasonable promise of
substantial contribution to these services within the term of such
authorization. A specific showing should be made as to the factors which
qualify the applicant technically to conduct the research and
development program, including a description of the nature and extent of
engineering facilities that the applicant has available for such
purposes.
(b) Expiring developmental authorizations may be renewed only upon
the applicant's compliance with the applicable requirements of Sec.
21.406 (a) and (b) relative to the authorization sought to be renewed
and upon a factual showing that further progress in the program of
research and development requires further radio transmission and that
the public interest, convenience or necessity would be served by renewal
of such authorization.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37784, Oct. 9, 1987]
Sec. 21.406 Developmental report required.
(a) Upon completion of the program of research and development, or,
in any event, upon the expiration of the instrument of station
authorization under which such investigations were permitted, or at such
times during the term of the station authorization as the Commission may
deem necessary to evaluate the progress of the developmental program,
the licensee shall submit, in duplicate, a comprehensive report on the
following items, in the order designated:
(1) Report on the various phases of the project which were
investigated.
(2) Total number of hours of operation on each frequency assigned.
(3) Copies of any publication on the project.
(4) A listing of any patents applied for, including copies of any
patents issued as a consequence of the activities carried forth under
the authorization.
(5) Detailed analysis of the result obtained.
(6) Any other pertinent information.
(b) In addition to the information required by paragraph (a) of this
section, the developmental report of a station authorized for the
development of a proposed radio service shall include comprehensive
information on the following items:
(1) Probable public support and methods of its determination.
(2) Practicability of service operations.
(3) Interference encountered.
[[Page 66]]
(4) Pertinent information relative to merits of the proposed
service.
(5) Propagation characteristics of frequencies used, particularly
with respect to the service objective.
(6) Frequencies believed to be more suitable and reasons therefor.
(7) Type of signals or communications employed in the experimental
work.
(c) Normally, developmental reports will be made a part of the
Commission's public records. However, an applicant may request that the
Commission withhold from the public certain reports and associated
material relative to the accomplishments achieved under developmental
authorization, and, if it appears that such information should be
withheld, the Commission will so direct.
Subparts G-J [Reserved]
Subpart K_Multipoint Distribution Service
Sec. 21.900 Eligibility.
(a) Authorizations for stations in this service will be granted to
existing and proposed communications common carriers and non-common
carriers. An application will be granted only in cases where it can be
shown that:
(1) The applicant is legally, financially, technically, and
otherwise qualified to render the proposed service; and
(2) There are frequencies available to enable the applicant to
render a satisfactory service; and
(3) The public interest, convenience and necessity would be served
by a grant thereof.
(b) The applicant shall state whether service will be provided
initially on a common carrier basis or on a non-common carrier basis. An
applicant proposing to provide initially common carrier service shall
state whether there is any affiliation or relationship to any intended
or likely subscriber or program originator.
[63 FR 65102, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999, as amended at 64
FR 63731, Nov. 22, 1999]
Effective Date Note: At 63 FR 65103, Nov. 25, 1998, Sec. 21.900 was
revised. Paragraph (a)(2) contains information and recordkeeping
requirements and will not become effective until approval has been given
by the Office of Management and Budget.
Sec. 21.901 Frequencies.
(a) Frequencies in the bands 2150-2162 MHz, 2596-2644 MHz, 2650-2656
MHz, 2662-2668 MHz, 2674-2680 MHz and 2686-2690 MHz are available for
assignment to fixed stations in this service. Frequencies in the band
2150-2160 MHz are shared with nonbroadcast omnidirectional radio systems
licensed under other parts of the Commission's Rules, and frequencies in
the band 2160-2162 MHz are shared with directional radio systems
authorized in other common carrier services. Frequencies in the 2596-
2644 MHz band are shared with Instructional Television Fixed Service
stations licensed under part 74 of the Commission's Rules. Channels I5,
I13, I6 and I14, listed in Sec. 74.939(j) of this chapter, are assigned
to fixed stations in the 2596-2620 band, and are shared with
Instructional Television Fixed Service Stations licensed under part 74
of the Commission's Rules to operate in this band; grandfathered
channels I21, I29, I22 and I30, listed in Sec. 74.939(j) of this
chapter, are licensed under part 21 or part 74 of the Commission's
Rules, as applicable.
(b) Applicants may be assigned a channel(s) according to one of the
following frequency plans:
(1) At 2150-2156 MHz (designated as Channel 1), or
(2) At 2156-2162 MHz (designated as Channel 2), or
(3) At 2156-2160 MHz (designated as Channel 2A), or
(4) At 2596-2602 MHz, 2608-2614 MHz, 2620-2626 MHz, and 2632-2638
MHz (designated as Channels E1, E2, E3 and E4, respectively, with the
four channels to be designated the E-group channels), and Channels I5
and I13 listed in Sec. 74.939(j) of this chapter,\1\ or
(5) At 2602-2608 MHz, 2614-2620 MHz, 2626-2632 MHz and 2638-2644 MHz
(designated as Channels F1, F2, F3 and F4, respectively, with the four
channels to be designated the F-group channels), and Channels I6 and
I14, listed in Sec. 74.939(j) of this chapter,\1\ or
(6) At 2650-2656 MHz, 2662-2668 MHz and 2674-2680 MHz (designated as
Channels H1, H2 and H3, respectively, with
[[Page 67]]
the three channels to be designated the H-group channels).\1\
---------------------------------------------------------------------------
\1\ No 125 kHz channels are provided for Channels E3, E4, F3, F4,
H1, H2 and H3, except for those grandfathered for Channels E3, E4, F3
and F4. The 125 kHz channels associated with Channels E3, E4, F3, F4,
H1, H2 and H3 are allocated to the Private Operational Fixed Point-to-
Point Microwave Service, pursuant to Sec. 101.147(g) of this chapter.
---------------------------------------------------------------------------
(c) Channel 2 will be assigned only where there is evidence that no
harmful interference will occur to any authorized point-to-point
facility in the 2160-2162 MHz band. Channel 2 may be assigned only if
the transmitting antenna of the station is to be located within 16.1
kilometers (10 miles) of the coordinates of the following metropolitan
areas:
------------------------------------------------------------------------
Principal City Coordinates
------------------------------------------------------------------------
Akron, Ohio............................. Lat. 41[deg]05[min]06[sec] N.,
long. 81[deg]31[min]06[sec]
W.
Albany-Schenectady-Troy, N.Y............ Lat. 42[deg]39[min]00[sec] N.,
long. 73[deg]45[min]24[sec]
W.
Anaheim-Santa Ana-Garden Grove, Calif... Lat. 33[deg]46[min]30[sec] N.,
long. 117[deg]54[min]48[sec]
W.
Atlanta, Ga............................. Lat. 33[deg]45[min]00[sec] N.,
long. 84[deg]23[min]12[sec]
W.
Baltimore, Md........................... Lat. 39[deg]17[min]18[sec] N.,
long. 76[deg]37[min]00[sec]
W.
Birmingham, Ala......................... Lat. 33[deg]30[min]42[sec] N.,
long. 86[deg]48[min]24[sec]
W.
Boston, Mass............................ Lat. 42[deg]21[min]42[sec] N.,
long. 71[deg]03[min]30[sec]
W.
Buffalo, N.Y............................ Lat. 42[deg]53[min]12[sec] N.,
long. 78[deg]52[min]30[sec]
W.
Chicago, Ill............................ Lat. 41[deg]53[min]00[sec] N.,
long. 87[deg]37[min]30[sec]
W.
Cincinnati, Ohio........................ Lat. 39[deg]06[min]00[sec] N.,
long. 84[deg]30[min]48[sec]
W.
Cleveland, Ohio......................... Lat. 41[deg]29[min]48[sec] N.,
long. 81[deg]42[min]00[sec]
W.
Columbus, Ohio.......................... Lat. 39[deg]57[min]42[sec] N.,
long. 83[deg]00[min]06[sec]
W.
Dallas, Tex............................. Lat. 32[deg]46[min]36[sec] N.,
long. 96[deg]48[min]42[sec]
W.
Dayton, Ohio............................ Lat. 39[deg]45[min]24[sec] N.,
long. 84[deg]11[min]42[sec]
W.
Denver, Colo............................ Lat. 39[deg]44[min]24[sec] N.,
long. 104[deg]59[min]18[sec]
W.
Detroit, Mich........................... Lat. 42[deg]20[min]00[sec] N.,
long. 83[deg]03[min]00[sec]
W.
Fort Worth, Tex......................... Lat. 32[deg]45[min]00[sec] N.,
long. 97[deg]17[min]42[sec]
W.
Gary, Ind............................... Lat. 41[deg]36[min]00[sec] N.,
long. 87[deg]20[min]00[sec]
W.
Hartford, Conn.......................... Lat. 41[deg]46[min]00[sec] N.,
long. 72[deg]40[min]30[sec]
W.
Houston, Tex............................ Lat. 29[deg]45[min]48[sec] N.,
long. 95[deg]21[min]42[sec]
W.
Indianapolis, Ind....................... Lat. 39[deg]46[min]12[sec] N.,
long. 86[deg]09[min]18[sec]
W.
Kansas City, Mo......................... Lat. 39[deg]06[min]00[sec] N.,
long. 94[deg]34[min]42[sec]
W.
Los Angeles-Long Beach, Calif........... Lat. 34[deg]03[min]18[sec] N.,
long. 118[deg]15[min]00[sec]
W.
Louisville, Ky.......................... Lat. 38[deg]14[min]48[sec] N.,
long. 85[deg]45[min]42[sec]
W.
Memphis, Tenn........................... Lat. 35[deg]07[min]30[sec] N.,
long. 90[deg]03[min]24[sec]
W.
Miami, Fla.............................. Lat. 25[deg]46[min]30[sec] N.,
long. 80[deg]11[min]24[sec]
W.
Milwaukee, Wis.......................... Lat. 43[deg]02[min]18[sec] N.,
long. 87[deg]54[min]48[sec]
W.
Minneapolis-St. Paul, Minn.............. Lat. 44[deg]59[min]00[sec] N.,
long. 93[deg]15[min]48[sec]
W.
New Orleans, La......................... Lat. 29[deg]57[min]48[sec] N.,
long. 90[deg]03[min]48[sec]
W.
New York City, N.Y.-Newark-Jersey City- Lat. 40[deg]42[min]30[sec] N.,
Paterson, N.J. long. 74[deg]00[min]00[sec]
W.
Norfolk, Va............................. Lat. 36[deg]50[min]42[sec] N.,
long. 76[deg]17[min]12[sec]
W.
Oklahoma City, Okla..................... Lat. 35[deg]29[min]30[sec] N.,
long. 97[deg]30[min]12[sec]
W.
Philadelphia, Pa........................ Lat. 39[deg]57[min]00[sec] N.,
long. 75[deg]09[min]48[sec]
W.
Phoenix, Ariz........................... Lat. 33[deg]27[min]18[sec] N.,
long. 112[deg]04[min]24[sec]
W.
Pittsburgh, Pa.......................... Lat. 40[deg]26[min]12[sec] N.,
long. 80[deg]00[min]30[sec]
W.
Portland, Oreg.......................... Lat. 45[deg]32[min]06[sec] N.,
long. 122[deg]37[min]12[sec]
W.
Providence, R.I......................... Lat. 41[deg]49[min]00[sec] N.,
long. 71[deg]24[min]24[sec]
W.
Rochester, N.Y.......................... Lat. 43[deg]09[min]30[sec] N.,
long. 77[deg]36[min]30[sec]
W.
Sacramento, Calif....................... Lat. 38[deg]35[min]06[sec] N.,
long. 121[deg]29[min]24[sec]
W.
San Antonio, Tex........................ Lat. 29[deg]25[min]24[sec] N.,
long. 98[deg]29[min]43[sec]
W.
San Bernardino-Riverside, Calif......... Lat. 34[deg]06[min]30[sec] N.,
long. 117[deg]18[min]36[sec]
W.
San Diego, Calif........................ Lat. 32[deg]42[min]48[sec] N.,
long. 117[deg]09[min]12[sec]
W.
San Francisco-Oakland, Calif............ Lat. 37[deg]46[min]30[sec] N.,
long. 122[deg]25[min]00[sec]
W.
San Jose-Palo Alto-Sunnyvale, Calif..... Lat. 37[deg]22[min]36[sec] N.,
long. 122[deg]02[min]00[sec]
W.
Seattle-Everett, Wash................... Lat. 47[deg]35[min]48[sec] N.,
long. 122[deg]19[min]48[sec]
W.
St. Louis, Mo........................... Lat. 38[deg]37[min]00[sec] N.,
long. 90[deg]11[min]36[sec]
W.
Syracuse, N.Y........................... Lat. 43[deg]03[min]06[sec] N.,
long. 76[deg]09[min]00[sec]
W.
Tampa-St. Petersburg, Fla............... Lat. 27[deg]57[min]06[sec] N.,
long. 82[deg]27[min]00[sec]
W.
Toledo, Ohio............................ Lat. 41[deg]38[min]48[sec] N.,
long. 83[deg]32[min]30[sec]
W.
Washington, D.C......................... Lat. 38[deg]53[min]30[sec] N.,
long. 77[deg]02[min]00[sec]
W.
------------------------------------------------------------------------
(d) An MDS licensee or conditional licensee may apply to exchange
evenly one or more of its assigned channels with another MDS licensee or
conditional licensee in the same system, or with an ITFS licensee or
conditional licensee in the same system. The licensees or conditional
licensees seeking to exchange channels shall file in tandem with the
Commission separate pro forma assignment of license applications, each
attaching an exhibit which clearly specifies that the application is
filed pursuant to a channel exchange agreement. The exchanged channel(s)
shall be regulated according to the requirements applicable to the
assignee.
(e) Frequencies in the band segments 18,580-18,820 MHz and 18,920-
19,160 MHz that were licensed or had applications pending before the
Commission as of September 18, 1998 may continue those operations for
point-to-point return links from a subscriber's location on a shared co-
primary basis with other services under parts 25, 74, 78 and 101 of this
chapter until June 8, 2010. Prior to June 8, 2010, such stations are
subject to relocation by licensees in the fixed-satellite service. Such
relocation is subject to the provisions of Sec. Sec. 101.85 through
101.97 of this chapter. After June 8, 2010, such operations are not
entitled to protection from fixed-satellite service operations and must
not cause unacceptable interference to fixed-satellite service station
operations. No applications for new licenses will be accepted in these
bands after June 8, 2000.
[[Page 68]]
(f) MDS H-channel applications. Frequencies in the bands 2650-2656
MHz, 2662-2668 MHz, or 2674-2680 MHz must be assigned only in accordance
with the following conditions: All applications for MDS H-channel
stations must specify either the H1, H2, or H3 channel for which an
application is filed; however, the Commission may on its own initiative
assign different channels in these frequency bands if it is determined
that such action would serve the public interest.
(g) Frequencies in the bands 2150-2162 MHz, 2596-2644 MHz, 2650-2656
MHz, 2662-2668 MHz and 2674-2680 MHz are available for point-to-
multipoint use and/or for communications between MDS response stations
and response station hubs when authorized in accordance with the
provisions of Sec. 21.909, provided that such frequencies may be
employed for MDS response stations only when transmitting using digital
modulation.
[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 33900, July 26, 1983;
49 FR 25479, June 21, 1984; 49 FR 37777, Sept. 26, 1984; 55 FR 46009,
Oct. 31, 1990; 56 FR 57598, Nov. 13, 1991; 56 FR 57817, Nov. 14, 1991;
58 FR 11798, Mar. 1, 1993; 58 FR 44895, Aug. 25, 1993; 60 FR 36552, July
17, 1995; 61 FR 26676, May 28, 1996; 63 FR 65102, Nov. 25, 1998; 64 FR
4054, Jan. 27, 1999; 64 FR 63731, Nov. 22, 1999; 65 FR 54169, Sept. 7,
2000; 68 FR 16965, Apr. 8, 2003]
Sec. 21.902 Interference.
(a) All applicants, conditional licensees, and licensees shall make
exceptional efforts to avoid harmful interference to other users and to
avoid blocking potential adjacent channel use in the same city and
cochannel use in nearby cities. In areas where major cities are in close
proximity, careful consideration should be given to minimum power
requirements and to the location, height, and radiation pattern of the
transmitting antenna. Licensees, conditional licensees, and applicants
are expected to cooperate fully in attempting to resolve problems of
potential interference before bringing the matter to the attention of
the Commission.
(b) As a condition for use of frequency in this service, each
applicant, conditional licensee, and licensee is required to:
(1) Not enter into any lease or contract or otherwise take any
action that would unreasonably prohibit location of another station's
transmitting antenna at any given site inside its own protected service
area.
(2) Cooperate fully and in good faith to resolve interference and
transmission security problems.
(3) Engineer the system to provide at least 45 dB of cochannel
interference protection within the 56.33 km (35 mile) protected service
area of any authorized or previously-proposed ITFS or incumbent MDS
station, and at each previously-registered ITFS receive site registered
as of September 17, 1998 (or the appropriate value for bandwidths other
than 6 MHz.)
(4) Engineer the station to provide at least 0 dB of adjacent
channel interference protection within the 56.33 km (35 mile) protected
service area of any authorized or previously-proposed ITFS or incumbent
MDS station, and at each previously-registered ITFS receive site
registered as of September 17, 1998 (or the appropriate value for
bandwidths other than 6 MHz.)
(5)(i) Engineer the station to limit the calculated free space power
flux density to -73 dBW/m \2\ (or the appropriate value for bandwidth
other than 6 MHz) at the boundary of a 56.33 km (35 mile) protected
service area, where there is an unobstructed signal path from the
transmitting antenna to the boundary; or alternatively, obtain the
written consent of the entity authorized for the adjoining area to
exceed the -73 dBW/m \2\ limiting signal strength at the common
boundary.
(ii) In determining signal path conditions, the following shall be
used: a 9.1 meter (30 feet) receiving antenna height, the transmitting
antenna height, terrain elevations and 4/3 earth radius propagation
conditions.
(6) If a proposed station is within 80 km (50 miles) of the Canadian
or Mexican border, the station must be designed to meet the requirements
set forth in international treaties.
(7) Notwithstanding the above, main, booster and response stations
shall use the following formulas, as applicable, for determining
compliance with: (1) Radiated field contour limits where
[[Page 69]]
bandwidths other than 6 MHz are employed at stations utilizing digital
emissions; and (2) Cochannel and adjacent channel D/U ratios where the
bandwidths in use at the interfering and protected stations are unequal
and both stations are utilizing digital modulation or one station is
utilizing digital modulation and the other station is utilizing either 6
MHz NTSC analog modulation or 125 kHz analog modulation (I channels
only).
(i) Contour limit: -73 dBW/m\2\ + 10 log(X/6) dBW/m\2\, where X is
the bandwidth in MHz of the digital channel.
(ii) Co-channel D/U: 45 dB + 10 log(X1/X2) dB,
where X1 is the bandwidth in MHz of the protected channel and
X2 is the bandwidth in MHz of the interfering channel.
(iii) Adjacent channel D/U: 0 dB + 10 log(X1/
X2), dB where X1 is the bandwidth in MHz of the
protected channel and X2 is the bandwidth in MHz of the
interfering channel.
(c) The following interference studies must be prepared:
(1) An analysis of the potential for harmful interference within the
56.33 km (35 mile) protected service areas of any authorized or
previously proposed incumbent station:
(i) If the coordinates of the applicant's proposed transmitter are
within 160.94 km (100 miles) of the center coordinates of any authorized
or previously proposed incumbent station with protected service area of
56.33 km (35 miles) as specified in Sec. 21.902(d); or
(ii) If the great circle path between the applicant's proposed
transmitter and the protected service area of any authorized, or
previously-proposed, cochannel or adjacent-channel station(s) is within
241.4 kilometers or less and 90 percent or more of the path is over
water or within 16.1 kilometers of the coast or shoreline of the
Atlantic Ocean, the Pacific Ocean, the Gulf of Mexico, any of the Great
Lakes, or any bay associated with any of the above (see Sec. Sec.
21.901(a) and 74.902 of this chapter);
(2) Applicants may design interference studies in any manner that
demonstrates the avoidance of harmful interference, as defined in this
subpart.
(i) In lieu of interference studies, applicants may submit in
accordance with Sec. 21.938 a written statement of no objection to the
operation of the MDS station.
(ii) The Commission may direct applicants to submit interference
studies of a specific nature.
(3) Except for new stations proposed in applications filed after
September 15, 1995, in the case of a proposal to operate a non-colocated
station within the protected service area of an authorized, or
previously proposed, adjacent channel station, an analysis that
identifies the areas within the protected service areas of both the
authorized or previously proposed adjacent channel station and the
proposed station that cannot be protected as specified in Sec.
21.902(b)(4) and an explanation of why the proposed station cannot be
colocated with the existing or previously proposed station.
(4) In the case of a proposal for use of channel 2, an analysis of
the potential for harmful interference with any authorized point-to-
point station located within 80.5 kilometers (50 miles) which utilizes
the 2160-2162 MHz band; and
(d)(1) Subject to the limitations contained in paragraph (e) of this
section, each MDS station licensee shall be protected from harmful
electrical interference, as determined by the theoretical calculations,
within a protected service area of which the boundary will be 56.3255
kilometers (35 miles) from the transmitter site.
(2) As of September 15, 1995, the location of these protected
service area boundaries shall become fixed. The center of the circular
area shall be the geographic latitude and longitude of the transmitting
antenna site specified in station authorizations or previously proposed
applications filed at the Commission before September 15, 1995.
Subsequent transmitter site changes will not change the location of the
56.3255 kilometers (35 mile) protected service area boundaries.
(e) No MDS licensee will be protected from harmful interference
caused by:
(1) Any station with an earlier filing date.
(2) Any station that was authorized before July 1984.
(3) Any multichannel MDS station whose application was pending on
September 9, 1983.
[[Page 70]]
(f) In addressing potential harmful interference in this service,
the following definitions, procedures and other criteria shall apply:
(1) Cochannel interference is defined as the ratio of the desired
signal to the undesired signal present in the desired channel, at the
output of a reference receiving antenna oriented to receive the maximum
desired signal. Harmful interference will be considered present when a
calculation using a terrain sensitive signal propagation model
determines that this ratio is less than 45 dB (or the appropriate value
for bandwidths other than 6 MHz.)
(2) Adjacent channel interference is defined as the ratio of the
desired signal to undesired signal present in an adjacent channel, at
the output of a reference receiving antenna oriented to receive the
maximum desired signal level.
(i) Harmful interference will be considered present when a
calculation using a terrain sensitive model determines that this ratio
is less than 0dB (or the appropriate value for bandwidths other than 6
MHz.)
(ii) In the alternative, harmful interference will be considered
present for an ITFS station constructed before May 26, 1983, when a
calculation using a terrain-sensitive propagation model determines that
this ratio is less than 10 dB (or the appropriate value for bandwidths
other than 6 MHz.) unless:
(A) The individual receive site under consideration has been
subsequently upgraded with up-to-date reception equipment, in which case
the ratio shall be less than 0 dB. Absent information presented to the
contrary, however, the Commission will assume that reception equipment
installation occurred simultaneously with original station equipment; or
(B) The license for an MDS station is conditioned on the proffer to
the affected ITFS station licensee of equipment capable of providing a
ratio of 0 dB or more at no expense to the ITFS station licensee, and
also conditioned, if necessary, on the proffer of installation of such
equipment; and there has been no showing by the affected ITFS station
licensee demonstrating good cause and that the proposed equipment will
not provide a ratio of 0 dB or more, or that installation of such
equipment, at no expense to the ITFS station licensee, is not possible
or has not been proffered.
(3) For purposes of this section all interference calculations
involving receive antenna performance shall use the reference antenna
characteristics shown in figure 1.
[[Page 71]]
[GRAPHIC] [TIFF OMITTED] TC01MR91.040
(4) For purposes of this section, the received signal power level
(RSL)dBW at the output of the FCC reference receiving antenna
is obtained from the following formulas (or an equivalent adaptation):
(RSL)dBW=(EIRP)dBW-
(LFS)dB+(GAR)dB
where the free space loss (LFS) is
[[Page 72]]
(LFS)dB=20 log (4d/)dB
in which the parameters are defined as follows:
(RSL)dBW is the received power in decibels referenced to one
watt.
(EIRP)dBW is the equivalent isotropically radiated power in
decibels above one watt.
d is the distance of the signal path in meters.
[lambda] is the wavelength of the signal in meters.
GAR is the dB gain of the reference receiving antenna above
an isotropic antenna (obtained from Figure 1 of this section.)
(5) A determination of signal path conditions shall use a 9.1 meters
(30 feet) receiving antenna height, the transmitting antenna height,
terrain elevation, and assume 4/3 earth radius propagation conditions.
(6) An application will not be accepted for filing if cochannel or
adjacent channel interference is predicted at the boundary of the 56.33
km (35 mile) protected service area of an authorized or previously
proposed incumbent station based on the following criteria:
(i) Interference calculations shall be made only for directions
where there is an unobstructed signal path from the site of a proposed
station to the boundary of any protected area.
(ii) Calculations of received power levels in units of dBW from the
proposed station will be made at one degree intervals around the
protected service area.
(iii) The assumed value of the desired signal level at the boundary
of an incumbent station shall be -83 dBW, which is the calculated
received power in free space at a distance of 56.33 km (35 miles), given
at EIRP of 2000 watts and a receiver antenna gain of 20 dBi.
(iv) Harmful interference will be considered to occur at locations
along the boundary wherever the ratio between the desired signal level
of -83 dBw and the received power from a proposed cochannel or adjacent
channel station is less than 45 dB or 0 dB for cochannel or adjacent
channel proposals, respectively.
(7) Alternatively, MDS applications will be accepted on the basis of
an executed written interference agreement between potentially affected
parties filed in accordance with Sec. 21.938.
(g)(1) All interference studies prepared pursuant to paragraph (c)
of this section must be served on all licensees, conditional licensees,
and applicants for the stations required to be studied by this section.
This service must include a copy of the FCC application and occur on or
before the date the application is filed with the Commission.
(2) MDS licensees, conditional licensees and applicants of
facilities with 56.33 km (35 mile) protected service areas shall notify
in writing the holders of authorizations for adjoining BTAs or PSAs of
application filings for modified station licenses, provided the proposed
facility would produce an unobstructed signal path to any location
within the adjoining BTA or PSA. This service must include a copy of the
FCC application and occur on or before the date the application is filed
with the Commission.
(h) For purposes of Sec. 21.31(a), an MDS application, except for
those applications filed on or after September 15, 1995, filed for a
facility that would cause harmful electrical interference within the
protected service area of any authorized or previously proposed station
will be presumed to be mutually exclusive with the application for such
authorized or previously proposed station.
(i)(1) For each application for a new station, or amendment thereto,
proposing MDS facilities, filed on October 1, 1995, or thereafter, on or
before the day the application or amendment is filed, the applicant must
prepare an analysis demonstrating that operation of the MDS applicant's
transmitter will not cause harmful electrical interference to each
receive site registered as of September 17, 1998, nor within a protected
service area as defined in paragraph (d)(1) of this section, of any
cochannel or adjacent channel ITFS station licensed, with a conditional
license, or proposed in a pending application on the day such MDS
application is filed, with an ITFS transmitter site within 50 miles of
the coordinates of the MDS station's proposed transmitter site.
(2) For each application described in paragraph (i)(1) of this
section, the applicant must serve, by certified mail, return receipt
requested, on or before the day the application or amendment
[[Page 73]]
described in paragraph (i)(1) of this section is filed initially with
the Commission, a copy of the complete MDS application or amendment,
including each exhibit and interference study, described in paragraph
(i)(1) of this section, on each ITFS licensee, conditional licensee, or
applicant described in paragraph (i)(1) of this section.
(3) For each application described in paragraph (i)(1) of this
section, the applicant must certify and file, with the application or
amendment, its certification of its compliance with the requirements of
paragraph (i)(2) of this section.
(4) For each application described in paragraph (i)(1) of this
section, the applicant must file with the Commission in Washington, DC,
on or before the 30th day after the application or amendment described
in paragraph (i)(1) of this section is filed initially with the
Commission, a written notice which contains the following:
(i) Caption--ITFS Service Notice;
(ii) Applicant's name, address, proposed service area and channel
group, and application file number, if known;
(iii) A list of each ITFS licensee and conditional licensee
described in paragraph (i)(1) of this section;
(iv) The address used for service to each ITFS licensee and
conditional licensee described in paragraph (i)(1) of this section; and
(v) A list of the date each ITFS licensee and conditional licensee
described in paragraph (i)(1) of this section received a copy of the
complete application or amendment described in paragraph (i)(1) of this
section; or a notation of lack of receipt by the ITFS licensee or
conditional licensee of a copy of the complete application or amendment,
on or before such 30th day, together with a description of the
applicant's efforts for receipt by each such licensee or conditional
licensee lacking receipt of the application.
(5) The public notices described in paragraph (i)(6) of this section
are as follows:
(i) For initial applications for new MDS stations which participate
in a lottery, this public notice is the notice announcing the selection
of the applicant's application by lottery for qualification review.
(ii) For initial applications for new MDS stations which participate
in a competitive bidding process, this public notice is the notice
announcing the application of the winning bidder in the competitive
bidding process has been accepted for filing.
(iii) For initial applications for new MDS stations which do not
participate in a lottery or a competitive bidding process, this public
notice is the notice announcing that the applicant's application is not
mutually-exclusive with other MDS applications.
(iv) For MDS modification applications, this public notice is the
notice announcing that the modification application has been accepted
for filing.
(6)(i) Notwithstanding the provisions of Sections 1.824(c) and
21.30(a)(4), for each application described in paragraph (i)(1) of this
section, each ITFS licensee and each ITFS conditional licensee described
in paragraph (i)(1) of this section may file with the Commission, on or
before the 30th day after the public notice described in paragraph
(i)(5) of this section, a petition to deny the MDS application.
(ii) Except for the requirements as to the filing time deadline,
this petition to deny must otherwise comply with the provisions of
Section 21.30.
(iii) In addition, this ITFS petition to deny must:
(A) Identify the subject MDS application, including the applicant's
name, station location, channel group, and application file number;
(B) Include a certificate of service demonstrating service on the
subject MDS applicant by certified mail, return receipt requested, on or
before the 30th day after the MDS public notice described in paragraph
(i)(5) of this section;
(C) Include a demonstration that it made efforts to reach agreement
with the MDS applicant but was unable to do so;
(D) Include an engineering analysis that operation of the proposed
MDS station will cause harmful interference to its ITFS station;
(E) Include a demonstration, in those cases in which the MDS
applicant's analysis is dependent upon modification(s) to the ITFS
facility, that the harmful interference cannot be avoided
[[Page 74]]
by the proposed substitution of new or modified equipment to be supplied
and installed by the MDS applicant, at no expense to the ITFS licensee
or conditional licensee; and
(F) Be limited to raising objections concerning the potential for
harmful interference to its ITFS station, or concerning a failure by the
MDS applicant to serve the ITFS licensee or conditional licensee with a
copy of the complete application or amendment described in paragraph
(i)(1) of this section.
(iv) The Commission will presume an ITFS licensee or conditional
licensee described in paragraph (i)(1) of this section has no objection
to operation of the MDS station, if the ITFS licensee or conditional
licensee fails to file a petition to deny by the deadline prescribed in
paragraph (i)(6)(i) of this section.
(j) If the initial application for facilities in the 2596-2644
frequency band was filed on September 9, 1983, an applicant proposing to
modify such facilities must include with its modification application:
(1) An analysis demonstrating that the modification will not
increase the size of the geographic area suffering harmful interference
within the protected service area of existing or proposed co-channel or
adjacent-channel facilities in the 2596-2644 MHz frequency band with a
transmitter site within 80.5 km (50 miles) of the modifying station's
transmitter site of the initial application for the interfered-with
station was filed on September 9, 1983; and
(2) An analysis demonstrating that the modification will not cause
harmful interference to any new portion of the protected service area of
existing or proposed co-channel or adjacent-channel facilities in the
2596-2644 frequency band with a transmitter site within 80.5 km (50
miles) of the modifying station's transmitter site, if the initial
application for the interfered-with station was filed on September 9,
1983.
(k) If an initial application for facilities in the 2596-2644
frequency band was filed on September 9, 1983, a licensee proposing to
modify a constructed station may request exclusion from the interference
analysis prescribed at Sec. 21.902(c) (1) and (2) with respect to
another specified application for E or F channel facilities, if the
modifying licensee files as part of its modification application a
demonstration that:
(1) The MDS application for which exclusion is requested was
proposed by an initial application filed on September 9, 1983;
(2) The MDS application for which exclusion is requested is not yet
perfected by the submission of the information necessary for processing,
as of the date of filing of the modification application; and
(3) A copy of the licensee's modification application, including the
demonstration specified in this paragraph, was served on the MDS
applicant for which exclusion is requested, on or before the date of
filing of the modification application.
(l) Specific rules relating to response station hubs, booster
stations, and 125 kHz channels are set forth in Sec. Sec. 21.909,
21.913, 21.940, 74.939 of this chapter, 74.940 of this chapter and
74.985 of this chapter. To the extent those specific rules are
inconsistent with any rules set forth above, those specific rules shall
control.
(m) The following information formats and storage media are to be
used in connection with applications for new and modified MDS and ITFS
stations:
(1) The data file prepared for submission to the Commission's
Reference Room pursuant to the requirements set out at paragraph 74 of
Appendix D to the Report and Order in MM Docket 97-217, FCC 98-231, must
be in ASCII format on either CD-ROMs or 3.5[sec] diskettes. Any
supplementary information submitted in connection with Appendix D may be
in either ASCII or PDF format (graphics must be in PDF format) on either
CD-ROMs or 3.5[sec] diskettes. Applicants serving such data/information
on other applicants and/or licensees should do so using the same
format(s) and media as used in their submission to the Commission's
Reference Room.
(2) Demonstrations and certifications prepared for submission to the
Commission's Reference Room may be in either hard copy or in ASCII or
PDF format on CD-ROM's or 3.5[sec] diskettes.
[[Page 75]]
(Graphics must be either hard copy or PDF format) Applicants serving
such demonstrations and certifications on other applicants and/or
licensees should do so using the same format(s) and media as used in
their submission to the Commission's Reference Room.
[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 33901, July 26, 1983;
49 FR 25479, June 21, 1984; 52 FR 27556, July 22, 1987; 55 FR 46010,
Oct. 31, 1990; 56 FR 57598, Nov. 13, 1991; 56 FR 57818, Nov. 14, 1991;
56 FR 65191, Dec. 16, 1991; 58 FR 11798, Mar. 1, 1993; 58 FR 44895, Aug.
25, 1993; 60 FR 36553, July 17, 1995; 60 FR 36739, July 18, 1995; 60 FR
57367, Nov. 15, 1995; 61 FR 18098, Apr. 24, 1996; 61 FR 26676, May 28,
1996; 63 FR 65102, Nov. 25, 1998; 64 FR 63731, Nov. 22, 1999; 65 FR
46617, July 31, 2000]
Effective Date Note: At 65 FR 46617, July 31, 2000, Sec. 21.902 was
amended by adding paragraph (m). This paragraph contains information
collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of Management and Budget.
Sec. 21.903 Purpose and permissible service.
(a) Multipoint Distribution Service channels are available for
transmissions from MDS stations and associated MDS signal booster
stations to receive locations, and from MDS response stations to
response station hubs. When service is provided on a common carrier
basis, subscriber supplied information is transmitted to points
designated by the subscriber. When service is provided on a non-common
carrier basis, transmissions may include information originated by
persons other than the licensee, licensee-manipulated information
supplied by other persons, or information originated by the licensee.
Point-to-point radio return links from a subscriber's location to a MDS
operator's facilities may also be authorized in the 18,580 through
18,820 MHz and 18,920 through 19,160 MHz bands. Rules governing such
operation are contained in subpart I of part 101 of this chapter, the
Point-to-Point Microwave Radio Service.
(b) Unless otherwise directed or conditioned in the applicable
instrument of authorization, Multipoint Distribution Service stations
may render any kind of communications service consistent with the
Commission's rules on a common carrier or on a non-common carrier basis,
Provided That:
(1) Unless service is rendered on a non-common carrier basis, the
common carrier controls the operation of all receiving facilities (e.g.,
including any equipment necessary to convert the signal to a standard
television channel, but excluding the television receiver); and
(2) Unless service is rendered on a non-common carrier basis, the
common carrier's tariff allows the subscriber the option of owning the
receiving equipment (except for the decoder) so long as:
(i) The customer provides the type of equipment as specified in the
tariff;
(ii) Such equipment is in suitable condition for the rendition of
satisfactory service; and
(iii) Such equipment is installed, maintained, and operated pursuant
to the common carrier's instructions and control.
(c) The carrier's tariff shall fully describe the parameters of the
service to be provided, including the degree of privacy of
communications a subscriber can expect in ordinary service. If the
ordinary service does not provide for complete security of transmission,
the tariff shall make provision for service with such added protection
upon request.
(d) An MDS licensee also may alternate, without further
authorization required, between rendering service on a common carrier
and non-common carrier basis, provided that the licensee notifies the
Commission of any service status changes at least 30 days in advance of
such changes. The notification shall state whether there is any
affiliation or relationship to any intended or likely subscriber or
program originator.
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27556, July 22, 1987;
61 FR 26676, May 28, 1996; 63 FR 65103, Nov. 25, 1998; 64 FR 4054, Jan.
27, 1999; 64 FR 63732, Nov. 22, 1999]
Sec. 21.904 EIRP limitations.
(a) The maximum EIRP of a main or booster station shall not exceed
33 dBW + 10log(X/6) dBW, where X is the actual bandwidth if other than 6
MHz, except as provided in paragraph (b) of this section.
[[Page 76]]
(b)(i) If a main or booster station sectorizes or otherwise uses one
or more transmitting antennas with a non-omnidirectional horizontal
plane radiation pattern, the maximum EIRP in a given direction shall be
determined by the following formula:
EIRP = 33 dBW + 10 log(X/6) dBW + 10 log(360/beamwidth) dBW, where X is
the channel width in MHz and 10 log(360/beamwidth) <= 6 dB.
(ii) Beamwidth is the total horizontal plane beamwidth of the
individual transmitting antenna for the station or any sector measured
at the half-power points.
(c) An increase in station EIRP, above currently-authorized or
previously-proposed values, to the maximum values provided in paragraphs
(a) and (b) of this section may be authorized, if the requested increase
would not cause harmful interference to any authorized or previously-
proposed, cochannel or adjacent channel station entitled to interference
protection under the Commission's rules, or if an applicant demonstrates
that:
(1) A station that must be protected from interference could
compensate for interference by increasing its EIRP; and
(2) The interfered-with station may increase its own EIRP consistent
with the rules and without causing harmful interference to any cochannel
or adjacent channel main or booster station protected service area,
response station hub or BTA/PSA, for which consent for the increased
interference has not been obtained; and
(3) The applicant requesting authorization of an EIRP increase
agrees to pay all expenses associated with the increase in EIRP by the
interfered-with station.
(d) For television transmission if the authorized bandwidth is 4.0
MHz or more for the visual and accompanying aural signal, the peak power
of the accompanying aural signal must not exceed 10 percent of the peak
visual power of the transmitter. The Commission may order a reduction in
aural signal power to diminish the potential for harmful interference.
(e) For main, booster and response stations utilizing digital
emissions with non-uniform power spectral density (e.g. unfiltered
QPSK), the power measured within any 100 kHz resolution bandwidth within
the 6 MHz channel occupied by the non-uniform emission cannot exceed the
power permitted within any 100 kHz resolution bandwidth within the 6 MHz
channel if it were occupied by an emission with uniform power spectral
density, i.e., if the maximum permissible power of a station utilizing a
perfectly uniform power spectral density across a 6 MHz channel were
2000 watts EIRP, this would result in a maximum permissible power flux
density for the station of 2000/60 = 33.3 watts EIRP per 100 kHz
bandwidth. If a non-uniform emission were substituted at the station,
station power would still be limited to a maximum of 33.3 watts EIRP
within any 100 kHz segment of the 6 MHz channel, irrespective of the
fact that this would result in a total 6 MHz channel power of less than
2000 watts EIRP.
[64 FR 63732, Nov. 22, 1999]
Sec. 21.905 Emissions and bandwidth.
(a) A station transmitting a television signal shall not exceed a
bandwidth of 6 MHz (for both visual signal and accompanying aural
signal), and will normally employ vestigial sideband, amplitude
modulation (C3F) for the visual signal, and frequency modulation (F3E)
or (G3E) for the accompanying aural signal.
(b) Quadrature amplitude modulation (QAM), digital vestigial
sideband modulation (VSB), quadrature phase shift key modulation (QPSK),
code division multiple access (CDMA), and orthogonal frequency division
multiplex (OFDM) emissions may be employed, subject to compliance with
the policies set forth in the Declaratory Ruling and Order, 11 FCC Rcd
18839 (1996). Use of OFDM also is subject to the subsequent Declaratory
Ruling and Order, DA 99-554 (Mass Med. Bur. rel. Mar. 19, 1999). Other
digital emissions may be added to those authorized above, including
emissions with non-uniform power spectral density, if the applicant
provides information in accordance with the guidelines and procedures
set forth in the Declaratory Ruling and Order
[[Page 77]]
which clearly demonstrates the spectral occupancy and interference
characteristics of the emission. The licensee may subchannelize its
authorized bandwidth, provided that digital modulation is employed and
the aggregate power does not exceed the authorized power for the
channel, and may utilize all or a portion of its authorized bandwidth
for MDS response stations authorized pursuant to Sec. 21.909 of this
part. The licensee may also, jointly with affected adjacent channel
licensees, transmit utilizing bandwidth in excess of its authorized
frequencies, provided that digital modulation is employed, all power
spectral density requirements set forth in this part are met and the
out-of-band emissions restrictions set forth in Sec. 21.908 of this
part are met at and beyond the edges of the channels employed. The wider
channels thus created may be redivided to create narrower channels.
(c) Any licensee of a station in the 2150-2162 MHz or 2596-2644 MHz,
2650-2656 MHz, 2662-2668 MHz, or 2674-2680 MHz frequency bands, after
notice and opportunity for hearing, may be required to use the frequency
offset technique to avoid or to minimize harmful interference to another
licensed station in the 2150-2162 MHz and 2596-2544 MHz, 2650-2656 MHz,
2662-2668 MHz, and 2674-2680 MHz frequency bands or to make other
changes as provided in Sec. Sec. 21.100, 21.107, 21.900, 21.901,
21.902, 21.904, 21.905(a), 21.905(b), 21.906, 21.907, and 21.908 of this
part.
(d) Notwithstanding the above, any digital emission which complies
with the out-of-band emission restrictions of Sec. 21.908 of this part
may be used in the following circumstances:
(1) At any MDS main or booster station transmitter which is located
more than 160.94 km (100 miles) from the nearest boundary of all
cochannel and adjacent channel ITFS and MDS protected service areas,
including Basic Trading Areas and Partitioned Service Areas; and
(2) At all MDS response station transmitters within a response
service area if all points along the response service area boundary line
are more than 160.94 km (100 miles) from the nearest boundary of all
cochannel and adjacent channel ITFS and MDS protected service areas,
including Basic Trading Areas and Partitioned Service Areas; and
(3) At any MDS transmitter where all parties entitled by this part
to interference protection from that transmitter have mutually consented
to the use at that transmitter of such emissions.
[44 FR 60534, Oct. 19, 1979, as amended at 49 FR 48700, Dec. 14, 1984;
55 FR 46011, Oct. 31, 1990; 56 FR 57818, Nov. 14, 1991; 63 FR 65104,
Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999; 64 FR 63732, Nov. 22, 1999]
Sec. 21.906 Antennas.
(a) Main and booster station transmitting antennas shall be
omnidirectional, except that a directional antenna with a main beam
sufficiently broad to provide adequate service may be used either to
avoid possible interference with other users in the frequency band, or
to provide coverage more consistent with distribution of potential
receiving points. In lieu of an omnidirectional antenna, a station may
employ an array of directional antennas in order to reuse spectrum
efficiently. When an applicant proposes to employ a directional antenna,
or a licensee notifies the Commission pursuant to Sec. 21.42 of the
installation of a sectorized antenna system, the applicant shall provide
the Commission with information regarding the orientation of the
directional antenna(s), expressed in degree of azimuth, with respect to
true north, and the make and model of such antenna(s).
(b) The use of horizontal or vertical plane wave polarization, or
right hand or left hand rotating elliptical polarization may be used to
minimize the hazard of harmful interference between systems.
(c) Transmitting antennas located within 56.3 kilometers (35 miles)
of the Canadian border should be directed so as to minimize, to the
extent that is practical, emissions toward the border.
(d) Directive receiving antennas shall be used at all points other
than response station hubs and response stations operating with an EIRP
no greater than -6 dBW per 6 MHz channel and shall be elevated no higher
than necessary to assure adequate service. Receiving antenna height
shall not exceed
[[Page 78]]
the height criteria of Part 17 of this chapter, unless authorization for
use of a specific maximum height (above ground and mean sea level) for
each location has been obtained from the Commission prior to the
erection of the antenna. (See part 17 of this chapter concerning
construction, marking and lighting of antenna structures.) A response
station operating with an EIRP no greater than -6 dBW per 6 MHz channel
may use an omnidirectional receiving antenna. However, for the purpose
of interference protection, such response stations will be treated as if
utilizing a receive antenna meeting the requirements of the reference
receiving antenna of Figure 1 of Sec. 21.902(f)(3).
[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37786, Oct. 9, 1987; 58
FR 44896, Aug. 25, 1993; 63 FR 65104, Nov. 25, 1998; 64 FR 4054, Jan.
27, 1999; 64 FR 63733, Nov. 22, 1999; 65 FR 46617, July 31, 2000]
Sec. 21.907 [Reserved]
Sec. 21.908 Transmitting equipment.
(a) Except as otherwise provided in this section, the requirements
of paragraphs (a), (b), (c), (d), and (e) of Sec. 73.687 of this
chapter shall apply to stations in this service transmitting standard
television signals.
Editorial Note: At 63 FR 65104, Nov. 25, 1999, paragraph (b) was
redesignated as paragraph (a) and newly designated paragraph (a) was
revised. However, paragraph (a) already exists. The text of the newly
redesignated paragraph (a) follows:
(a) The maximum out-of-band power of an MDS station transmitter or
booster transmitting on a single 6 MHz channel with an EIRP in excess of
-9 dBW employing analog modulation shall be attenuated at the channel
edges by at least 38 dB relative to the peak visual carrier, then
linearly sloping from that level to at least 60 dB of attenuation at 1
MHz below the lower band edge and 0.5 MHz above the upper band edge, and
attenuated at least 60 dB at all other frequencies. The maximum out-of-
band power of an MDS station transmitter or booster transmitting on a
single 6 MHz channel or a portion thereof with an EIRP in excess of -9
dBW (or, when subchannels are used, the appropriately adjusted value
based upon the ratio of the channel-to-subchannel bandwidths) employing
digital modulation shall be attenuated at the 6 MHz channel edges at
least 25 dB relative to the licensed average 6 MHz channel power level,
then attenuated along a linear slope to at least 40 dB at 250 kHz beyond
the nearest channel edge, then attenuated along a linear slope from that
level to at least 60 dB at 3 MHz above the upper and below the lower
licensed channel edges, and attenuated at least 60 dB at all other
frequencies. Notwithstanding the foregoing, in situations where an MDS
station or booster station transmits, or where adjacent channel
licensees jointly transmit, a single signal over more than one
contiguous 6 MHz channel utilizing digital modulation with an EIRP in
excess of -9 dBW (or, when subchannels or superchannels are used, the
appropriately adjusted value based upon the ratio of 6 MHz to the
subchannel or superchannel bandwidth), the maximum out-of-band power
shall be attenuated at the channel edges of those combined channels at
least 25 dB relative to the power level of each channel, then attenuated
along a linear slope from that level to at least 40 dB at 250 kHz above
or below the channel edges of those combined channels, then attenuated
along a linear slope from that level to at least 60 dB at 3 MHz above
the upper and below the lower edges of those combined channels, and
attenuated at least 60 dB at all other frequencies. However, should
harmful interference occur as a result of emissions outside the assigned
channel, additional attenuation may be required. A transmitter licensed
prior to November 1, 1991, that remains at the station site initially
licensed, and does not comply with this paragraph, may continue to be
used for its life if it does not cause harmful interference to the
operation of any other licensee. Any non-conforming transmitter replaced
after November 1, 1991, must be replaced by a transmitter meeting the
requirements of this paragraph.
(b) A booster transmitting on multiple contiguous or non-contiguous
channels carrying separate signals (a ``broadband'' booster) with an
EIRP in excess of -9 dBW per 6 MHz channel and employing analog, digital
or a
[[Page 79]]
combination of these modulations shall have the following
characteristics:
(1) For broadband boosters operating in the frequency range of
2.150-2.160/2 GHz, the maximum out-of-band power shall be attenuated at
the upper and lower channel edges forming the band edges by at least 25
dB relative to the licensed analog peak visual carrier or digital
average power level (or, when subchannels are used, the appropriately
adjusted value based on upon the ratio of the channel-to-subchannel
bandwidths), then linearly sloping from that level to at least 40 dB of
attenuation at 0.25 MHz above and below the band edges, then linearly
sloping from that level to at least 60 dB of attenuation at 3.0 MHz
above and below the band edges, and attenuated at least 60 dB at all
other frequencies.
(2) For broadband boosters operating in the frequency range of
2.500-2.690 GHz, the maximum out-of-band power shall be attenuated at
the upper and lower channel edges forming the band edges by at least 25
dB relative to the licensed analog peak visual carrier or digital
average power level (or, when subchannels are used, the appropriately
adjusted value based on upon the ratio of the channel-to-subchannel
bandwidths), then linearly sloping from that level to at least 40 dB of
attenuation at 0.25 MHz above and below the band edges, then linearly
sloping from that level to at least 50 dB of attenuation at 3.0 MHz
above and below the band edges, then linearly sloping from that level to
at least 60 dB of attenuation at 20 MHz above and below the band edges,
and attenuated at least 60 dB at all other frequencies.
(3) Within unoccupied channels in the frequency range of 2.500-2.690
GHz, the maximum out-of-band power shall be attenuated at the upper and
lower channel edges of an unoccupied channel by at least 25 dB relative
to the licensed analog peak visual carrier power level or digital
average power level of the occupied channels (or, when subchannels or
125 kHz channels are used, the appropriately adjusted value based upon
the ratio of the channel-to-subchannel bandwidths), then linearly
sloping from that level to at least 40 dB of attenuation at 0.25 MHz
above and below the occupied channel edges, then linearly sloping from
that level to at least 50 dB of attenuation at 3.0 MHz above and below
the occupied channel edges, and attenuated at least 50 dB at all other
unoccupied frequencies.
(c) Boosters operating with an EIRP less than -9 dBW per 6 MHz
channel shall have no particular out-of-band power attenuation
requirement, except that if they cause harmful interference, their
operation shall be terminated within 2 hours of notification by the
Commission until the interference can be cured.
(d) The maximum out-of-band power of an MDS response station using
all or part of a 6 MHz channel, employing digital modulation and
transmitting with an EIRP greater than -6 dBW per 6 MHz channel shall be
attenuated (as measured in accordance with paragraph (e) of this
section) at the 6 MHz channel edges at least 25 dB relative to the
average 6 MHz channel power level, then attenuated along a linear slope
to at least 40 dB at 250 kHz beyond the nearest channel edge, then
attenuated along a linear slope from that level to at least 60 dB at 3
MHz above the upper and below the lower licensed channel edges, and
attenuated at least 60 dB at all other frequencies. The maximum out-of-
band power of an MDS response station using all or part of a 6 MHz
channel, employing digital modulation and transmitting with an EIRP no
greater than -6 dBW per 6 MHz channel shall be attenuated (as measured
in accordance with paragraph (e) of this section) at the channel edges
at least 25 dB relative to the average 6 MHz channel transmitter output
power level (P), then attenuated along a linear slope to at least 40 dB
or 33+10log(P) dB, whichever is the lesser attenuation, at 250 kHz
beyond the nearest channel edge, then attenuated along a linear slope
from that level to at least 60 dB or 43+10log(P) dB, whichever is the
lesser attenuation, at 3 MHz above the upper and below the lower
licensed channel edges, and attenuated at least 60 dB or 43+10log(P) dB,
whichever is the lesser attenuation, at all other frequencies. Where MDS
response stations with digital modulation utilize all or part of more
than one contiguous 6 MHz channel to form a larger channel (e.g., a
[[Page 80]]
channel of width 12 MHz), the above-specified attenuations shall be
applied only at the upper and lower edges of the overall combined
channel. Notwithstanding these provisions, should harmful interference
occur as a result of emissions outside the assigned channel(s),
additional attenuation may be required by the Commission.
(e) In measuring compliance with the out-of-band emissions
limitations, the licensee shall employ one of two methods in each
instance: (1) absolute power measurement of the average signal power
with one instrument, with measurement of the spectral attenuation on a
separate instrument; or (2) relative measurement of both the average
power and the spectral attenuation on a single instrument. The formula
for absolute power measurements is to be used when the average signal
power is found using a separate instrument, such as a power meter; the
formula gives the amount by which the measured power value is to be
attenuated to find the absolute power value to be used on the spectrum
analyzer or equivalent instrument at the spectral point of concern. The
formula for relative power measurements is to be used when the average
signal power is found using the same instrument as used to measure the
attenuation at the specified spectral points, and allows different
resolution bandwidths to be applied to the two parts of the measurement;
the formula gives the required amplitude separation (in dB) between the
flat top of the (digital) signal and the point of concern.
For absolute power measurements:
Attenuation in dB (below channel power) = A + 10log
(CBW / RBw)
For relative power measurements:
Attenuation in dB (below flat top) = A + 10log
(RBW1 / RBW2)
Where:
A = Attenuation specified for spectral point (e.g., 25, 35, 40, 60 dB)
CBW = Channel bandwidth (for absolute power measurements)
RBW = Resolution bandwidth (for absolute power measurements)
RBW1 = Resolution bandwidth for flat top measurement
(relative)
RBW2 = Resolution bandwidth for spectral point measurement
(relative)
[55 FR 46011, Oct. 31, 1990, as amended at 56 FR 57818, Nov. 14, 1991;
63 FR 65105, Nov. 25, 1998; 65 FR 46617, July 31, 2000]
Sec. 21.909 MDS response stations.
(a) An MDS response station is authorized to provide communication
by voice, video and/or data signals with its associated MDS response
station hub or MDS station. An MDS response station may be operated only
by the licensee of an MDS station, by any lessee of the MDS station or
response station hub, or by a subscriber of either. The authorized
channel may be divided to provide distinct subchannels for each of more
than one response station, provided that digital modulation is employed
and the aggregate power does not exceed the authorized power for the
channel. An MDS response station may also, jointly with other licensees,
transmit utilizing bandwidth in excess of that authorized to the
station, provided that digital modulation is employed, all power
spectral density requirements set forth in this part are met, and the
out-of-band emissions restrictions set forth in Sec. 21.908(b) or
paragraph (j) of this section are complied with. When a 125 kHz channel
is employed, the specific channel which may be used by the response
station is determined in accordance with Sec. Sec. 21.901 and 74.939(j)
of this chapter.
(b) MDS response stations that utilize the 2150-2162 MHz band, the
2500-2686 MHz band, and/or the 125 kHz channels may be installed and
operated without an individual license, to communicate with a response
station hub, provided that the conditions set forth in paragraph (g) of
this section are met and that the MDS response stations' technical
parameters are consistent with all applicable rules in this part and
with the terms and conditions set out in the Commission's Declaratory
Ruling and Order, 11 FCC Rcd 18839 (1996).
(c) An applicant for a response station hub license, or for
modification thereto where not subject to Sec. 21.41 or Sec. 21.42,
shall:
(1) File FCC Form 331 with Mellon Bank, and certify on that form
that it has complied with the requirements of
[[Page 81]]
paragraphs (c)(2) and (d) of this section and that the interference data
submitted under paragraph (d) of this section is complete and accurate.
Failure to certify compliance and to comply completely with the
requirements of paragraphs (c)(2) and (d) of this section shall result
in dismissal of the application or revocation of the response station
hub license, and may result in imposition of a monetary forfeiture; and
(2) Submit the following (see Sec. 21.902(m) for permissible
formats and media) to the Commission's Reference Room:
(i) The data files required by Appendix D to the Report and Order in
MM Docket 97-217, FCC 98-231, ``Methods For Predicting Interference From
Response Station Transmitters And To Response Station Hubs And For
Supplying Data on Response Station Systems''; and
(ii) The demonstrations and certifications required by paragraph (d)
of this section.
(d) An applicant for a response station hub license shall prepare
the following:
(1) A demonstration describing the system channel plan, to the
extent that such information is not contained in the data file required
in (c)(2)(i) of this section; and
(2) A demonstration that:
(i) The proposed response station hub is within a protected service
area, as defined in Sec. 21.902(d) or Sec. 21.933, to which the
applicant is entitled either:
(A) By virtue of its being the licensee of an incumbent MDS station
whose channels are being converted for MDS response station use; or
(B) By virtue of its holding a Basic Trading Area or Partitioned
Service Area authorization. In the case of an application for response
stations to utilize one or more of the 125 kHz response channels, such
demonstration shall establish that the response station hub is within
the protected service area of the station authorized to utilize the
associated E-Group or F-Group channel(s); and
(ii) The entire proposed response service area is within a protected
service area to which the applicant is entitled either (A) by virtue of
its being the licensee of an incumbent MDS station whose channels are
being converted for MDS response station use; or (B) by virtue of its
holding a Basic Trading Area or Partitioned Service Area authorization.
In the alternative, the applicant may demonstrate that the licensee
entitled to any cochannel protected service area which is overlapped by
the proposed response service area has consented to such overlap. In the
case of an application for response stations to utilize one or more of
the 125 kHz response channels, such demonstration shall establish that
the response service area is entirely within the protected service area
of the station authorized to utilize the associated E-Group or F-Group
channel(s), or, in the alternative, that the licensee entitled to any
cochannel protected service area which is overlapped by the proposed
response service area has consented to such overlap; and
(iii) The combined signals of all simultaneously operating MDS
response stations within all response service areas and oriented to
transmit towards their respective response station hubs, and all
cochannel MDS stations and booster stations licensed to or applied for
by the applicant will not generate a power flux density in excess of -73
dBW/m2 (or the appropriately adjusted value based on the
actual bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(i))
outside the boundaries of the applicant's protected service area, as
measured at locations for which there is an unobstructed signal path,
except to the extent that consent of affected licensees has been
obtained or consents have been granted pursuant to paragraph (d)(3)(ii)
of this section to an extension of the response service area beyond the
boundaries of the protected service area; and
(iv) The combined signals of all simultaneously operating MDS
response stations within all response service areas and oriented to
transmit towards their respective response station hubs, and all
cochannel MDS stations and booster stations licensed to or applied for
by the applicant, will result in a desired to undesired signal ratio of
at least 45 dB (or the appropriately adjusted value based on the actual
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(ii)):
[[Page 82]]
(A) Within the protected service area of any authorized or
previously-proposed cochannel MDS or ITFS station with a 56.33 km (35
mile) protected service area with center coordinates located within
160.94 km (100 miles) of the proposed response station hub; and
(B) Within the booster service area of any cochannel booster station
entitled to such protection pursuant to Sec. Sec. 21.913(f) or
74.985(f) of this chapter and located within 160.94 km (100 miles) of
the proposed response station hub; and
(C) At any registered receive site of any authorized or previously-
proposed cochannel ITFS station or booster station located within 160.94
km (100 miles) of the proposed response station hub, or, in the
alternative, that the licensee of or applicant for such cochannel
station or hub consents to the application; and
(v) The combined signals of all simultaneously operating MDS
response stations within all response service areas and oriented to
transmit towards their respective response station hubs, and all
cochannel MDS stations and booster stations licensed to or applied for
by the applicant, will result in a desired to undesired signal ratio of
at least 0 dB (or the appropriately adjusted value based on the actual
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(iii)):
(A) Within the protected service area of any authorized or
previously-proposed adjacent channel MDS or ITFS station with a 56.33 km
(35 mile) protected service area with center coordinates located within
160.94 km (100 miles) of the proposed response station hub; and
(B) Within the booster service area of any adjacent channel booster
station entitled to such protection pursuant to Sec. Sec. 21.913(f) or
74.985(f) of this chapter and located within 160.94 km (100 miles) of
the proposed response station hub; and
(C) At any registered receive site of any authorized or previously-
proposed adjacent channel ITFS station or booster station located within
160.94 km (100 miles) of the proposed response station hub, or, in the
alternative, that the licensee of or applicant for such adjacent channel
station or hub consents to the application; and
(vi) The combined signals of all simultaneously operating MDS
response stations within all response service areas and oriented to
transmit towards their respective response station hub and all cochannel
MDS stations and booster stations licensed to or applied for by the
applicant will comply with the requirements of paragraph (i) of this
section and Sec. 74.939(i) of this chapter.
(3) A certification that the application has been served upon
(i) The holder of any cochannel or adjacent channel authorization
with a protected service area which is overlapped by the proposed
response service area;
(ii) The holder of any cochannel or adjacent channel authorization
with a protected service area that adjoins the applicant's protected
service area;
(iii) The holder of a cochannel or adjacent channel authorization
for any BTA or PSA inside whose boundaries are locations for which there
is an unobstructed signal path for combined signals from within the
response station hub applicant's protected service area; and
(iv) Every licensee of, or applicant for, any cochannel or adjacent
channel, authorized or previously-proposed, incumbent MDS station with a
56.33 km (35 mile) protected service area with center coordinates
located within 160.94 km (100 miles) of the proposed response station
hub;
(v) Every licensee of, or applicant for, any cochannel or adjacent
channel, authorized or previously-proposed ITFS station (including any
booster station or response station hub) located within 160.94 km (100
miles) of the proposed response station hub; and
(vi) Every licensee of any non-cochannel or non-adjacent channel
ITFS station (including any booster station) with one or more registered
receive sites in, or within 1960 feet of the proposed response station
service area.
(e) Except as set forth in Sec. 21.27(d), applications for response
station hub licenses may be filed at any time. Notwithstanding any other
provision of part 21 (including Sec. 21.31), applications for response
station hub licenses meeting the requirements of paragraph (c)
[[Page 83]]
of this section shall cut-off applications that are filed on a
subsequent day for facilities that would cause harmful electromagnetic
interference to the proposed response station hubs. A response station
hub shall not be entitled to protection from interference caused by
facilities proposed on or prior to the day the application for the
response station hub license is filed. Response stations shall not be
required to protect from interference facilities proposed on or after
the day the application for the response station hub license is filed.
(f) Notwithstanding the provisions of Sec. 21.30(b)(4) and except
as set forth in Sec. 21.27(d), any petition to deny an application for
a response station hub license shall be filed no later than the sixtieth
(60th) day after the date of public notice announcing the filing of such
application or major amendment thereto. Notwithstanding Sec. 21.31 and
except as provided in Sec. 21.27(d), an application for a response
station hub license that meets the requirements of this section shall be
granted on the sixty-first (61st) day after the Commission shall have
given public notice of the acceptance for filing of it, or of a major
amendment to it if such major amendment has been filed, unless prior to
such date either a party in interest timely files a formal petition to
deny or for other relief pursuant to Sec. 21.30(a), or the Commission
notifies the applicant that its application will not be granted. Where
an application is granted pursuant to the provisions of this paragraph,
the conditional licensee or licensee shall maintain a copy of the
application at the response station hub until such time as the
Commission issues a response station hub license.
(g) An MDS response station hub license shall be conditioned upon
compliance with the following:
(1) No MDS response station shall be located beyond the response
service area of the response station hub with which it communicates; and
(2) No MDS response station shall operate with a transmitter output
power in excess of 2 watts; and
(3) No response station shall operate with an EIRP in excess of that
specified in the application for the response station hub for the
particular regional class of characteristics with which the response
station is associated, and such response station shall not operate with
an EIRP in excess of 33 dBW + 10log(X/6) dBW, where X is the channel
width in MHz, and
(4) Each response station shall employ a transmission antenna
oriented towards the response station hub with which the response
station communicates and such antenna shall be no less directive than
the worst-case outer envelope pattern specified in the application for
the response station hub for the regional class of characteristics with
which the response station is associated; and
(5) The combined out-of-band emissions of all response stations
using all or part of one or multiple contiguous 6 MHz channels and
employing digital modulation shall comply with Sec. 21.908(d). The
combined out-of-band emissions of all response stations using all or
part of one or multiple contiguous 125 kHz channels shall comply with
paragraph (j) of this section. However, should harmful interference
occur as a result of emissions outside the assigned channel, additional
attenuation may be required; and
(6) The response stations transmitting simultaneously at any given
time within any given region of the response service area utilized for
purposes of analyzing the potential for interference by response
stations shall conform to the numerical limits for each class of
response station proposed in the application for the response station
hub license. Notwithstanding the foregoing, where a response station hub
licensee subchannelizes pursuant to Sec. 21.909(a) and limits the
maximum EIRP emitted by any individual response station proportionately
to the fraction of the channel that the response station occupies, the
licensee may operate simultaneously on each subchannel the number of
response stations specified in the license. Moreover, the licensee of a
response station hub may alter the number of response stations of any
class operated simultaneously in a given region, without prior
Commission authorization, provided that the licensee:
(i) Files with the Commission (see Sec. 21.902(m) for permissible
format(s) and
[[Page 84]]
media) a demonstration indicating the number of response stations of
such class(es) to be operated simultaneously in such region and a
certification that it has complied with the requirements of paragraphs
(g)(6)(ii) and (iii) of this section and that the interference data
submitted pursuant to paragraph (g)(6)(ii) is complete and accurate; and
(ii) Provides the Commission's Reference Room (see Sec. 21.902(m)
for permissible formats and media) with an update of the previously-
filed response station data and with a demonstration that such
alteration will not result in any increase in interference to the
protected service area or protected receive sites of any existing or
previously-proposed, cochannel or adjacent channel MDS or ITFS station
or booster station, to the protected service area of any MDS Basic
Trading Area or Partitioned Service Area licensee entitled to protection
pursuant to paragraph (d)(3) of this section, or to any existing or
previously-proposed, cochannel or adjacent channel response station hub,
or response station under Sec. 21.949 or Sec. 74.949 of this chapter;
or that the applicant for or licensee of such facility has consented to
such interference; and
(iii) Serves a copy of such demonstration and certification upon
each party entitled to be served pursuant to paragraph (d)(3) of this
section; and
(7) Where an application is granted under this section, if a
facility operated pursuant to that grant causes harmful, unauthorized
interference to any cochannel or adjacent channel facility, it must
promptly remedy the interference or immediately cease operations of the
interfering facility, regardless of whether any petitions to deny or for
other relief were filed against the application during the application
process. The burden of proving that a facility operated under this
section is not causing harmful, unauthorized interference lies on the
licensee of the alleged interfering facility, following the filing of a
documented complaint of interference by an affected party; and
(8) In the event any MDS or ITFS receive site suffers interference
due to block downconverter overload, the licensee of each non-co/
adjacent response station hub with a response service area within five
miles of such receive site shall cooperate in good faith to
expeditiously identify the source of the interference. Each licensee of
a response station hub with an associated response station contributing
to such interference shall bear the joint and several obligation to
promptly remedy all block downconverter overload interference at any
ITFS registered receive site or at any receive site within an MDS or
ITFS protected service area applied for prior to the submission of the
application for the response station hub license, regardless of whether
the receive site suffering the interference was constructed prior to or
after the construction of the response station(s) causing the
downconverter overload; provided, however, that the licensee of the
registered ITFS receive site or the MDS or ITFS protected service area
must cooperate fully and in good faith with efforts by the response
station hub licensee to prevent interference before constructing
response stations and/or to remedy interference that may occur. In the
event that the associated response station(s) of more than one response
station hub licensee contribute(s) to block downconverter interference
at an MDS or ITFS receive site, such hub licensees shall cooperate in
good faith to remedy promptly the interference.
(h) Applicants must comply with Part 17 of this chapter concerning
notification to the Federal Aviation Administration of proposed antenna
construction or alteration for all hub stations and associated response
stations.
(i) Response station hubs shall be protected from cochannel and
adjacent channel interference in accordance with the following criteria:
(1) An applicant for any new or modified MDS or ITFS station
(including any high-power booster station or response station hub) shall
be required to demonstrate interference protection to a response station
hub within 160.94 km (100 miles) of the proposed facilities. In lieu of
the interference protection requirements set forth in Sec. Sec.
21.902(b)(3) through (b)(5), 21.938(b)(1) and (2) and (c), and 74.903 of
this chapter, such demonstration shall establish that the proposed
facility will not increase the
[[Page 85]]
effective power flux density of the undesired signals generated by the
proposed facility and any associated main stations, booster stations or
response stations at the response station hub antenna for any sector. In
lieu of the foregoing, an applicant for a new MDS or ITFS main station
license or for a new or modified response station hub or booster license
may demonstrate that the facility will not increase the noise floor at a
reception antenna of the response station hub by more than 1 dB for
cochannel signals and 45 dB for adjacent channel signals, provided that:
(i) The entity submitting the application may only invoke this
alternative once per response station hub reception sector; or
(ii) The licensee of the affected response station hub may consent
to receive a certain amount of interference at its hub.
(2) Commencing upon the filing of an application for an MDS response
station hub license and until such time as the application is dismissed
or denied or, if the application is granted, a certification of
completion of construction is filed, the MDS station whose channels are
being utilized shall be entitled both to interference protection
pursuant to Sec. Sec. 21.902(b)(3) through (b)(5), 21.938(b)(1) and (2)
and (c), and 74.903 of this chapter, and to protection of the response
station hub pursuant to the preceding paragraph. Unless the application
for the response station hub license specifies that the same frequencies
also will be employed for digital and/or analog point-to-multipoint
transmissions by MDS stations and/or MDS booster stations, upon the
filing of a certification of completion of construction of an MDS
response station hub where the channels of an MDS station are being
utilized as response station transmit frequencies, the MDS station whose
channels are being utilized for response station transmissions shall no
longer be entitled to interference protection pursuant to Sec. Sec.
21.902(b)(3) through (b)(5), 21.938(b)(1) and (2) and (c), and 74.903 of
this chapter within the response service area with regard to any portion
of any 6 MHz channel employed solely for response station
communications. Upon the certification of completion of construction of
an MDS response station hub where the channels of an MDS station are
being utilized for response station transmissions and the application
for the response station hub license specifies that the same frequencies
will be employed for point-to-multipoint transmissions, the MDS station
whose channels are being utilized shall be entitled both to interference
protection pursuant to Sec. Sec. 21.902(b)(3) through (b)(5),
21.938(b)(1) and (2) and (c), and 74.903 of this chapter, and to
protection of the response station hub pursuant to the preceding
provisions of this paragraph.
(j) 125 kHz wide response channels shall be subject to the following
requirements: The 125 kHz wide channel shall be centered at the assigned
frequency. If amplitude modulation is used, the carrier shall not be
modulated in excess of 100%. If frequency modulation is used, the
deviation shall not exceed 25 kHz. Any emissions
outside the channel shall be attenuated at the channel edges at least 35
dB below peak output power when analog modulation is employed or 35 dB
below licensed average output power when digital modulation is employed
(or, when subchannels are used, the appropriately adjusted value based
upon the ratio of the channel-to-subchannel bandwidths). Any emissions
more than 125 kHz from either channel edge, including harmonics, shall
be attenuated at least 60 dB below peak output power when analog
modulation is employed, or at least 60 dB below licensed average output
power when digital modulation is employed (or, when subchannels are
used, the appropriately adjusted value based upon the ratio of the
channel-to-subchannel bandwidths). Notwithstanding the foregoing, in
situations where adjacent channel licensees jointly transmit over more
than one contiguous channel utilizing digital modulation, the maximum
out-of-band power shall be attenuated at the edges of those combined
channels at least 35 dB relative to the licensed average power level of
each channel. Emissions more than 125 kHz from either edge of the
combined channels, including harmonics, shall be attenuated at least
[[Page 86]]
60 dB below peak analog power or average digital power of each channel,
as appropriate.
(k) A response station may be operated unattended. The overall
performance of the response station transmitter shall be checked by the
hub licensee as often as necessary to ensure that it is functioning in
accordance with the requirements of the Commission's rules. The licensee
of a response station hub is responsible for the proper operation of all
associated response station transmitters. Each response station hub
licensee is responsible for maintaining, and making available to the
Commission upon request, a list containing all customer names and
addresses, plus the technical parameters (EIRP, emission, bandwidth,
antenna pattern/ height/ orientation/ polarization) pertinent to each
class of response station within the response service area.
(l) The transmitting apparatus employed at MDS response stations
shall have received type certification.
(m) An MDS response station shall be operated only when engaged in
communications with its associated MDS response station hub or MDS
station or booster station, or for necessary equipment or system tests
and adjustments. Upon initial installation, and upon relocation and
reinstallation, a response station transmitter shall be incapable of
emitting radiation unless, and until, it has been activated by reception
of a signal from the associated MDS station or booster station. A hub
station licensee shall be capable of remotely de-activating any and all
response station transmitters within its RSA by means of signals from
the associated MDS station or booster station. Radiation of an
unmodulated carrier and other unnecessary transmissions are forbidden.
(n) All response stations utilizing an EIRP greater than 18 dBW
shall be installed by the associated hub licensee or by the licensee's
employees or agents. For the purposes of this section, all EIRP dBW
values assume the use of a 6 MHz channel. For channel bandwidths other
than 6 MHz, the EIRP dBW values should be adjusted up (channel
6 MHz) or down (channel <6 MHz) by 10 log(X/6) dBW, where X
is the channel width in MHz. For response stations located within 1960
feet of an ITFS receive site registered and built prior to the filing of
the application for the hub station license, the hub licensee must
notify the licensee of the ITFS receive site at least one business day
prior to the activation of these response stations. The notification
must contain, for each response station to be activated, the following
information: name and telephone number of a contact person who will be
responsible for coordinating the resolution of any interference
problems; street address; geographic coordinates to the nearest second;
channels/subchannels (transmit only); and transmit antenna pattern,
EIRP, orientation and height AMSL. (If transmit antenna pattern, EIRP,
orientation or height AMSL are not known with specificity at the time of
notification, the hub licensee may, instead, specify the worst-case
values for the class of response station being activated.) Such notice
to the ITFS licensee shall be given in writing by certified mail unless
the ITFS licensee has requested delivery by email or facsimile. The ITFS
licensee may waive the notification requirement on a site-specific basis
or on a system-wide basis. The notification provisions of this section
shall not apply if:
(1) The response station will operate at an EIRP no greater than -6
dBW; or
(2) The response station will operate at an EIRP greater than -6 dBW
and no more than 18 dBW and:
(i) The channels being received at the ITFS site are neither the
same as, nor directly adjacent to, the channel(s) to be transmitted from
the response station; and
(ii) The hub station licensee has replaced, at its expense, the
frequency downconverters used at all ITFS receive sites registered and
constructed prior to the filing of the hub station application which are
within 1960 feet of the hub station's response service area; and
(iii) The downconverters, at a minimum, conform to the following
specifications:
(A) A frequency of operation covering the 2150-2162 MHz band or the
2500-2686 MHz band; and
[[Page 87]]
(B) A third-order intercept point of 30 dBm; and
(C) A conversion gain of 32 dB, or the same conversion gain as the
existing ITFS downconverter, whichever is least; and
(D) A noise figure of no greater than 2.5 dB, or no more than 1 dB
greater than the noise figure of the existing ITFS downconverter,
whichever is greater; and
(iv) The proposal to upgrade the ITFS downconverter was made in
writing and served upon the affected ITFS licensee, conditional licensee
or applicant at the same time the application for the response station
hub license was served on cochannel and adjacent channel ITFS parties
and no objection was made within the 60-day period allowed for petitions
to deny the hub station application.
(o) Interference calculations shall be performed in accordance with
Appendix D (as amended) to the Report and Order in MM Docket 97-217, FCC
98-231, ``Methods For Predicting Interference From Response Station
Transmitters and To Response Station Hubs and For Supplying Data on
Response Station Systems.'' (Note: This document is subject to change
and will be updated/amended as needed without prior notification.
Applicants should always utilize the most current version of the
document, as found at the Commission's internet web site, http://
www.fcc.gov/mmb/vsd/files/methodology.doc). Compliance with out-of-band
emission limitations shall be established in accordance with Sec.
21.908(e).
[63 FR 65105, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999, as amended at 64
FR 63733, Nov. 22, 1999; 65 FR 46618, July 31, 2000]
Sec. 21.910 Special procedures for discontinuance, reduction or impairment
of service by common carrier licensees.
(a) Any licensee who has elected common carrier status and who seeks
to discontinue service on a common carrier basis and instead provide
service on a non-common carrier basis, or who otherwise intends to
reduce or impair service the carrier shall notify all affected customers
of the planned discontinuance, reduction or impairment on or before the
date that the licensee provides notice to the Commission pursuant to
Sec. 21.903(d).
(b) Notice shall be in writing to each affected customer unless the
Commission authorizes in advance, for good cause shown, another form of
notice. Notice shall include the following:
(1) Name and address of carrier; and
(2) Date of planned service discontinuance, reduction or impairment;
and
(3) Points or geographic areas of service affected; and
(4) How many and which channels are affected.
[64 FR 63735, Nov. 22, 1999]
Sec. 21.911 Annual reports.
(a) No later than March 1 of each year for the preceding calendar
year, each licensee in the Multipoint Distribution Service shall file
with the Commission two copies of a report which must include the
following:
(1) Name and address of licensee;
(2) Station(s) call letters and primary geographic service area(s);
(3) The following statistical information, preferably in tabular
form, for the licensee's station (and each channel thereof);
(i) The total number of separate subscribers served during the
calendar year;
(ii) The total hours of transmission service rendered during the
calendar year to all subscribers;
(iii) The total hours of transmission service rendered during the
calendar year in the following categories: entertainment, education and
training, public service, data transmission, and other services;
(iv) A list of each period of time during the calendar year in which
a station was not operational due to removal or alteration of equipment
or facilities; and
(v) A list of each period of time during the calendar year in which
the station rendered no service as authorized, if the time period was a
consecutive period longer than 48 hours.
(b) The licensee, by an appropriate corporate officer, controlling
partner, or individual proprietor, must certify this report as to the
accuracy and completeness of the information contained therein.
[[Page 88]]
(c) A copy of each year's report shall be retained in the principal
office of the licensee and shall be readily available to the public for
reference and inspection.
[55 FR 46011, Oct. 31, 1990]
Sec. 21.912 Cable television company eligibility requirements and MDS/cable
cross-ownership.
(a) Nothwithstanding the provisions of Sec. 21.900 of this part,
initial or modified authorizations for stations in the 2150-2162 MHz and
2596-2680 MHz frequency bands may not be granted to a cable operator if
a portion of the Multipoint Distribution Service (MDS) station's
protected services area is within the portion of the franchise area
actually served by the cable operator's cable system. No cable operator
may acquire such authorization either directly, or indirectly through an
affiliate owned operated, or controlled by or under common control with
a cable operator.
(b) No licensee of a station in this service may lease transmission
time or capacity to a cable operator either directly, or indirectly
through an affiliate owned, operated, controlled by, or under common
control with a cable operator, if a portion of the Multipoint
Distribution Service (MDS) station's protected services area is within
the portion of the franchise area actually served by the cable
operator's cable system.
(c) Applications for new stations, station modifications,
assignments or transfers of control by cable operators of stations in
the 2150-2162 MHz and 2596-2680 MHz frequency bands shall include a
showing that no portion of the protected service area of the MDS station
is within the portion of the franchise area actually served by the cable
operator's cable system, or of any entity indirectly affiliated, owned,
operated, controlled by, or under common control with the cable
operator.
Note 1 to Sec. 21.912: In applying the provisions of this section,
ownership and other interests in MDS licensees or cable television
systems will be attributed to their holders and deemed cognizable
pursuant to the following criteria:
(a) Except as otherwise provided herein, partnership and direct
ownership interests and any voting stock interest amounting to 5% or
more of the outstanding voting stock of a corporate MDS licensee or
cable television system will be cognizable;
(b) Investment companies, as defined in 15 U.S.C. 80a-3, insurance
companies and banks holding stock through their trust departments in
trust accounts will be considered to have a cognizable interest only if
they hold 20% or more of the outstanding voting stock of a corporate MDS
licensee or cable television system, or if any of the officers or
directors of the MDS licensee or cable television system are
representatives of the investment company, insurance company or bank
concerned. Holdings by a bank or insurance company will be aggregated if
the bank or insurance company has any right to determine how the stock
will be voted. Holdings by investment companies will be aggregated if
under common management.
(c) Attribution of ownership interests in an MDS licensee or cable
television system that are held indirectly by any party through one or
more intervening corporations will be determined by successive
multiplication of the ownership percentages for each link in the
vertical ownership chain and application of the relevant attribution
benchmark to the resulting product, except that wherever the ownership
percentage for any link in the chain exceeds 50%, it shall not be
included for purposes of this multiplication. For purposes of paragraph
(i) of this note, attribution of ownership interests in an MDS licensee
or cable television system that are held indirectly by any party through
one or more intervening organizations will be determined by successive
multiplication of the ownership percentages for each link in the
vertical ownership chain and application of the relevant attribution
benchmark to the resulting product, and the ownership percentage for any
link in the chain that exceeds 50% shall be included for purposes of
this multiplication. [For example, except for purposes of paragraph (i)
of this note, if A owns 10% of company X, which owns 60% of company Y,
which owns 25% of ``Licensee,'' then X's interest in ``Licensee'' would
be 25% (the same as Y's interest because X's interest in Y exceeds 50%),
and A's interest in ``Licensee'' would be 2.5% (0.1x0.25). Under the 5%
attribution benchmark, X's interest in ``Licensee'' would be cognizable,
while A's interest would not be cognizable. For purposes of paragraph
(i) of this note, X's interest in ``Licensee'' would be 15% (0.6x0.25)
and A's interest in ``Licensee'' would be 1.5% (0.1x0.6x0.25). Neither
interest would be attributed under paragraph (i) of this note.]
(d) Voting stock interests held in trust shall be attributed to any
person who holds or shares the power to vote such stock, to any person
who has the sole power to sell such stock, and to any person who has the
right to revoke the trust at will or to replace
[[Page 89]]
the trustee at will. If the trustee has a familial, personal or extra-
trust business relationship to the grantor or the beneficiary, the
grantor or beneficiary, as appropriate, will be attributed with the
stock interests held in trust. An otherwise qualified trust will be
ineffective to insulate the grantor or beneficiary from attribution with
the trust's assets unless all voting stock interests held by the grantor
or beneficiary in the relevant MDS licensee or cable television system
are subject to said trust.
(e) Subject to paragraph (i) of this note, holders of non-voting
stock shall not be attributed an interest in the issuing entity. Subject
to paragraph (i) of this note, holders of debt and instruments such as
warrants, convertible debentures, options or other non-voting interests
with rights of conversion to voting interests shall not be attributed
unless and until conversion is effected.
(f)(1) A limited partnership interest shall be attributed to a
limited partner unless that partner is not materially involved, directly
or indirectly, in the management or operation of the MDS or cable
television activities of the partnership and the licensee or system so
certifies. An interest in a Limited Liability Company (``LLC'') or
Registered Limited Liability Partnership (``RLLP'') shall be attributed
to the interest holder unless that interest holder is not materially
involved, directly or indirectly, in the management or operation of the
MDS or cable television activities of the partnership and the licensee
or system so certifies.
(2) For a licensee or system that is a limited partnership to make
the certification set forth in paragraph (f)(1) of this note, it must
verify that the partnership agreement or certificate of limited
partnership, with respect to the particular limited partner exempt from
attribution, establishes that the exempt limited partner has no material
involvement, directly or indirectly, in the management or operation of
the MDS or cable television activities of the partnership. For a
licensee or system that is an LLC or RLLP to make the certification set
forth in paragraph (f)(1) of this note, it must verify that the
organizational document, with respect to the particular interest holder
exempt from attribution, establishes that the exempt interest holder has
no material involvement, directly or indirectly, in the management or
operation of the MDS or cable television activities of the LLC or RLLP.
The criteria which would assume adequate insulation for purposes of this
certification are described in the Memorandum Opinion and Order in MM
Docket No. 83-46, 50 FR 27438, July 3, 1985, as modified on
reconsideration in the Memorandum Opinion and Order in MM Docket No. 83-
46, 52 FR 1630, January 15, 1987. Irrespective of the terms of the
certificate of limited partnership or partnership agreement, or other
organizational document in the case of an LLC or RLLP, however, no such
certification shall be made if the individual or entity making the
certification has actual knowledge of any material involvement of the
limited partners, or other interest holders in the case of an LLC or
RLLP, in the management or operation of the MDS or cable television
businesses of the partnership or LLC or RLLP.
(3) In the case of an LLC or RLLP, the licensee or system seeking
installation shall certify, in addition, that the relevant state statute
authorizing LLCs permits an LLC member to insulate itself as required by
our criteria.
(g) Officers and directors of an MDS licensee or cable television
system are considered to have a cognizable interest in the entity with
which they are so associated. If any such entity engages in businesses
in addition to its primary business of MDS or cable television service,
it may request the Commission to waive attribution for any officer or
director whose duties and responsibilities are wholly unrelated to its
primary business. The officers and directors of a parent company of an
MDS licensee or cable television system, with an attributable interest
in any such subsidiary entity, shall be deemed to have a cognizable
interest in the subsidiary unless the duties and responsibilities of the
officer or director involved are wholly unrelated to the MDS licensee or
cable television system subsidiary, and a statement properly documenting
this fact is submitted to the Commission. [This statement may be
included on the Licensee Qualification Report.] The officers and
directors of a sister corporation of an MDS licensee or cable television
system shall not be attributed with ownership of these entities by
virtue of such status.
(h) Discrete ownership interests will be aggregated in determining
whether or not an interest is cognizable under this section. An
individual or entity will be deemed to have a cognizable investment if:
(1) The sum of the interests held by or through ``passive
investors'' is equal to or exceeds 20 percent; or
(2) The sum of the interests other than those held by or through
``passive investors'' is equal to or exceeds 5 percent; or
(3) The sum of the interests computed under paragraph (h)(1) of this
note plus the sum of the interests computed under paragraph (h)(2) of
this note is equal to or exceeds 20 percent.
(i) Notwithstanding paragraphs (e) and (f) of this note, the holder
of an equity or debt interest or interests in an MDS licensee or cable
television system subject to the MDS/cable cross-ownership rule
(``interest holder'') shall have that interest attributed if:
(1) the equity (including all stockholdings, whether voting or
nonvoting, common or
[[Page 90]]
preferred) and debt interest or interests, in the aggregate, exceed 33
percent of the total asset value (all equity plus all debt) of that MDS
licensee or cable television system; and
(2) The interest holder also holds an interest in an MDS licensee or
cable television system that is attributable under paragraphs of this
note other than this paragraph (i) and which operates in any portion of
the franchise area served by that cable operator's cable system.
(j) The term ``area served by a cable system'' means any area
actually passed by the cable operator's cable system and which can be
connected for a standard connection fee.
(k) As used in this section ``cable operator'' shall have the same
definition as in Sec. 76.5 of this chapter.
Note 2 to Sec. 21.912: The Commission will entertain requests to
waive the restrictions in paragraph (a) of this section where necessary
to ensure that all significant portions of the franchise area are able
to obtain multichannel video service. Such waiver requests should be
filed in accordance with special relief procedures set forth in Sec.
76.7.
(d) The provisions of paragraphs (a) through (c) of this section
will not apply to one MDS or MMDS channel used to provide locally-
produced programming to cable headends. Locally-produced programming is
programming produced in or near the cable operator's franchise area and
not broadcast on a television station available within that franchise
area. A cable operator will be permitted one MDS channel in an MMDS
protected service area for this purpose, and no more than one MDS
channel in an MMDS protected service area may be used by a cable
television company or its affiliate or lessor pursuant to this
paragraph. The licensee for a cable operator providing local programming
pursuant to a lease must include in a notice filed with the Wireless
Telecommunications Bureau a cover letter explicitly identifying itself
or its lessees as a local cable operator and stating that the lease was
executed to facilitate the provision of local programming. The first
application or the first lease notification in an area filed with the
Commission will be entitled to the exemption. The limitations on one MDS
channel per party and per area include any cable/MDS operations
grandfathered pursuant to paragraph (f) of this section or cable/ITFS
operations grandfathered pursuant to Sec. 74.931(e) of this chapter.
The cable operator must demonstrate in its MDS/MMDS application that the
proposed local programming will be provided within one year from the
date its application is granted. Local programming service pursuant to a
lease must be provided within one year of the date of the lease or one
year of grant of the licensee's application for the leased channel,
whichever is later. If an MDS license for these purposes is granted and
the programming is subsequently discontinued, the license will be
automatically forfeited the day after local programming service is
discontinued.
(e) Applications filed by cable television companies, or affiliates,
for MDS channels prior to February 8, 1990, will not be subject to the
prohibitions of this section. Applications filed on February 8, 1990, or
thereafter will be returned. Lease arrangements between cable and MDS
entities for which a lease or a firm agreement was signed prior to
February 8, 1990, will also not be subject to the prohibitions of this
section. Leases between cable television companies, or affiliates, and
MDS/MMDS station licensees, conditional licensees, or applicansts
executed on February 8, 1990, or thereafter, are invalid.
(1) Applications filed by cable operators, or affiliates, for MMDS
channels prior to February 8, 1990, will not be subject to the
prohibitions of this section. Except as provided in paragraph (e)(2)
below, applications filed on February 8, 1990, or thereafter will be
returned. Lease arrangements between cable and MDS entities for which a
lease or a firm agreement was signed prior to February 8, 1990, will
also not be subject to the prohibitions of this section. Except as
provided in paragraph (e)(2) below, leases between cable operators, or
affiliates, and MDS/MMDS station licensees, conditional licensees, or
applicants executed on or before February 8, 1990, or thereafter are
invalid.
(2) Applications filed by cable operators, or affiliates for MDS
channels after February 8, 1990, and prior to October 5, 1992, will not
be subject to the prohibition of this section, if, pursuant to the then
existing overbuild or rural exceptions, the applications were allowed
under the then existing cable/MMDs cross-ownership prohibitions.
[[Page 91]]
Lease arrangements between cable operators and MDS entities for which a
lease or firm agreement was signed after February 8, 1990, and prior to
October 5, 1992, will not be subject to the prohibitions of this
section, if, pursuant to the then existing rural and overbuild
exceptions, the lease arrangements were allowed.
(3) The limitations on cable television ownership in this section do
not apply to any cable operator in any franchise area in which a cable
operator is subject to effective competition as determined under section
623(l) of the Communications Act.
(f) Interested persons may file a petition to deny an application
filed pursuant to paragraph (d) of this section within 30 days after the
Commission gives public notice that the application or petition has been
filed. Petitions must be served upon the applicant, and must contain a
complete and detailed showing, supported by affidavit, of any facts or
considerations relied upon. The applicant may file an opposition to the
petition to deny within 30 days after the filing of the petition, and
must serve copies upon all persons who have filed petitions to deny. The
Commission, after consideration of the pleadings, will determine whether
the public interest, convenience and necessity would be served by the
grant or denial of the application, in whole or in part. The Commission
may specify other procedures, such as oral argument, evidentiary hearing
or further written submission directed to particular aspects, as it
deems appropriate.
Notes: In these grandfathered situations, we will consider granting
waivers to permit the use of a second MDS channel for the delivery of
locally produced programming. Because allocating a second channel to
this use would further reduce the channel capacity available for
wireless cable service, we will require an applicant for the second
channel to demonstrate, at a minimum, that it is ready and able to
provide additional locally produced programming to area cable systems,
and that no other practical means of delivering the programming are
available to it. In considering requests for waiver, we will also take
into account the competitive environment for the production and delivery
of locally produced programming in the relevant markets.
[55 FR 46011, Oct. 31, 1990, as amended at 56 FR 57818, Nov. 14, 1991;
58 FR 42018, Aug. 6, 1993; 58 FR 45064, Aug. 26, 1993; 61 FR 15387, Apr.
8, 1996; 64 FR 50644, Sept. 17, 1999; 66 FR 9971, Feb. 13, 2001; 67 FR
13224, Mar. 21, 2002]
Sec. 21.913 Signal booster stations.
(a) An MDS booster station may reuse channels to repeat the signals
of MDS stations or to originate signals on MDS channels. The aggregate
power flux density generated by an MDS station and all associated signal
booster stations and all simultaneously operating cochannel response
stations may not exceed -73 dBW/m2 (or the appropriately
adjusted value based on the actual bandwidth used if other than 6 MHz,
see Sec. 21.902(b)(7)(i)) at or beyond the boundary of the protected
service area, as defined in Sec. Sec. 21.902(d) and 21.933, of the main
MDS station whose channels are being reused, as measured at locations
for which there is an unobstructed signal path, unless the consent of
the affected cochannel licensee is obtained.
(b) A licensee or conditional licensee of an MDS station, or the
capacity lessee of such MDS station upon the written consent of the
licensee or conditional licensee, may secure a license for a high power
signal booster station that has a maximum EIRP in excess of -9 dBW + 10
log(X/6) dBW where X is the channel width in MHz, if it complies with
the out-of-band emission requirements of Sec. 21.908. Any licensee of a
high-power booster station that is a capacity lessee shall, upon
termination or expiration of the capacity lease, automatically assign
the booster station license to the licensee or conditional licensee of
the MDS station by and upon written notice to the Commission signed by
the lessee and such licensee or conditional licensee. If upon
termination or expiration of the capacity lease the licensee or
conditional licensee no longer desires or needs the high-power booster
station license, such a license must be returned to the Commission. The
applicant for a high-power station, or for modification thereto, where
not subject to Sec. 21.41 or Sec. 21.42, shall file FCC Form 331 with
Mellon Bank, and certify on that form
[[Page 92]]
that the applicant has complied with the additional requirements of this
paragraph (b), and that the interference data submitted under this
paragraph is complete and accurate. Failure to certify compliance and to
comply completely with the following requirements of this paragraph (b)
shall result in dismissal of the application or revocation of the high-
power MDS signal booster station license, and may result in imposition
of a monetary forfeiture. The applicant is additionally required to
submit (see Sec. 21.902(m) for permissible format(s) and media) to the
Commission's Reference Room the following information:
(1) A demonstration that the proposed signal booster station site is
within the protected service area, as defined in Sec. Sec. 21.902(d)
and 21.933, of the MDS station whose channels are to be reused; and
(2) A study which demonstrates that the aggregate power flux density
of the MDS station and all associated booster stations and
simultaneously operating cochannel response stations licensed to or
applied for by the applicant, measured at or beyond the boundary of the
protected service area of the MDS station whose channels are to be
reused, does not exceed -73 dBW/m2 (or the appropriately
adjusted value based on the actual bandwidth used if other than 6 MHz,
see Sec. 21.902(b)(7)(i)) at locations for which there is an
unobstructed signal path, unless the consent of the affected licensees
has been obtained; and
(3) In lieu of the requirements of Sec. 21.902(c) and (i), a study
which demonstrates that the proposed booster station will cause no
harmful interference (as defined in Sec. 21.902(f)) to cochannel and
adjacent channel, authorized or previously-proposed ITFS and MDS
stations with protected service area center coordinates as specified in
Sec. 21.902(d), to any authorized or previously-proposed response
station hubs, booster stations or I channel stations associated with
such ITFS and MDS stations, or to any ITFS receive sites registered as
of September 17, 1998, within 160.94 kilometers (100 miles) of the
proposed booster station's transmitter site. Such study shall consider
the undesired signal levels generated by the proposed signal booster
station, the main station, all other licensed or previously-proposed
associated booster stations, and all simultaneously operating cochannel
response stations licensed to or applied for by the applicant. In the
alternative, a statement from the affected MDS or ITFS licensee or
conditional licensee stating that it does not object to operation of the
high-power MDS signal booster station may be submitted; and
(4) A description of the booster service area; and
(5) A demonstration either
(i) That the booster service area is entirely within the protected
service area to which the licensee of a station whose channels are being
reused is entitled by virtue of its being the licensee of an incumbent
MDS station, or by virtue of its holding a Basic Trading Area or
Partitioned Service Area authorization; or
(ii) That the licensee entitled to any cochannel protected service
area which is overlapped by the proposed booster service area has
consented to such overlap; and
(6) A demonstration that the proposed booster service area can be
served by the proposed booster without interference; and
(7) A certification that copies of the materials set forth in
paragraph (b) of this section have been served upon the licensee or
conditional licensee of each station (including each response station
hub and booster station) required to be studied pursuant to paragraph
(b)(3) of this section, and upon any affected holder of a Basic Trading
Area or Partitioned Service Area authorization pursuant to paragraph
(b)(2) of this section.
(8) If the applicant is a capacity lessee, a certification that:
(i) The licensee or conditional licensee has provided its written
consent to permit the capacity lessee to apply for the booster station
license; and
(ii) The applicant and the licensee or conditional licensee have
entered into a lease that is in effect at the time of such filing.
(c) Except as provided in Sec. 21.27(d), applications for high-
power MDS signal booster station licenses may be filed at any time.
Notwithstanding any other provision of part 21 (including Sec. 21.31),
[[Page 93]]
applications for high-power MDS signal booster station licenses meeting
the requirements of paragraph (b) of this section shall cut-off
applications that are filed on a subsequent day for facilities that
would cause harmful electromagnetic interference to the proposed booster
stations.
(d) Notwithstanding the provisions of Sec. 21.30(a)(4) and except
as provided in Sec. 21.27(d), any petition to deny an application for a
high-power MDS signal booster station license shall be filed no later
than the sixtieth (60th) day after the date of public notice announcing
the filing of such application or major amendment thereto.
Notwithstanding Sec. 21.31 and except as provided in Sec. 21.27(d), an
application for a high-power MDS signal booster station license that
meets the requirements of paragraph (b) of this section shall be granted
on the sixty-first (61st) day after the Commission shall have given
public notice of the acceptance for filing of it, or of a major
amendment to it if such major amendment has been filed, unless prior to
such date either a party in interest timely files a formal petition to
deny or for other relief pursuant to Sec. 21.30(a), or the Commission
notifies the applicant that its application will not be granted. Where
an application is granted pursuant to the provisions of this paragraph,
the conditional licensee or licensee shall maintain a copy of the
application at the MDS booster station until such time as the Commission
issues a high-power MDS signal booster station license.
(e) A licensee or conditional licensee of an MDS station, or the
capacity licensee of such MDS station upon the written consent of the
licensee or conditional licensee, shall be eligible to install and
operate a low power signal booster station that has a maximum EIRP of -9
dBW + log10(X/6) dBW, where X is the channel width in MHz. A low-power
MDS signal booster station may operate only on one or more MDS channels
that are licensed to the licensee of the MDS booster station, but may be
operated by a third party with a fully-executed lease or consent
agreement with the MDS conditional licensee or licensee. Any licensee of
a low-power booster station that is a capacity lessee shall, upon
termination or expiration of the capacity lease, automatically assign
the booster station license to the licensee or conditional licensee of
the MDS station by and upon written notice to the Commission signed by
the lessee and such licensee or conditional licensee. If upon
termination or expiration of the capacity lease the licensee or
conditional licensee no longer desires or needs the low-power booster
station license, such a license must be returned to the Commission. An
MDS licensee, conditional licensee, or capacity lessee thereof, may
install and commence operation of a low-power MDS signal booster station
for the purpose of retransmitting the signals of the MDS station or for
originating signals. Such installation and operation shall be subject to
the condition that for sixty (60) days after installation and
commencement of operation, no objection or petition to deny is filed by
the licensee of a, or applicant for a previously-proposed, cochannel or
adjacent channel ITFS or MDS station with a transmitter within 8.0
kilometers (5 miles) of the coordinates of the low-power MDS signal
booster station. An MDS licensee, conditional licensee, or capacity
lessee thereof seeking to install a low-power MDS signal booster station
under this rule must submit a FCC Form 331 to the Commission within 48
hours after installation. In addition, the MDS licensee, conditional
licensee, or capacity lessee must submit the following information (see
Sec. 21.902(m) for permissible format(s) and media) to the Commission's
Reference Room:
(1) A description of the booster service area; and
(2) A demonstration either
(i) That the booster service area is entirely within the protected
service area to which each licensee of a station whose channels are
being reused is entitled by virtue of its being the licensee of an
incumbent MDS station, or by virtue of its holding a Basic Trading Area
or Partitioned Service Area authorization; or
(ii) That the licensee entitled to any cochannel protected service
area which is overlapped by the proposed booster service area has
consented to such overlap; and
[[Page 94]]
(3) A demonstration that the proposed booster service area can be
served by the proposed booster without interference; and
(4) A certification that:
(i) The maximum power level of the signal booster transmitter does
not exceed -9 dBW + 10 log(X/6) dBW, where X is the channel width in
MHz; and
(ii) Where the booster is operating on channel D4, E1, F1, E2, F2,
E3, F3, E4, F4 and/or G1, no registered receiver of an ITFS E or F
channel station, constructed prior to May 26, 1983, is located within a
1.61 km (1 mile) radius of the coordinates of the booster, or in the
alternative, that a consent statement has been obtained from the
affected ITFS licensee; and
(iii) The applicant has complied with Sec. 1.1307 of this chapter;
and
(iv) Each MDS and/or ITFS station licensee (including the licensees
of booster stations and response station hubs) with protected service
areas and/or registered receivers within a 8 km (5 mile) radius of the
coordinates of the booster has been given notice of its installation;
and
(v) The signal booster site is within the protected service area of
the MDS station whose channels are to be reused; and
(vi) The aggregate power flux density of the MDS station and all
associated booster stations and simultaneously operating cochannel
response stations licensed to or applied for by the applicant, measured
at or beyond the boundary of the protected service areas of the MDS
stations whose channels are to be reused, does not exceed -73 dBW/
m2 (or the appropriately adjusted value based on the actual
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(i)) at
locations for which there is an unobstructed signal path, unless the
consent of the affected licensees has been obtained; and
(vii) The antenna structure will extend less than 6.10 meters (20
feet) above the ground or natural formation or less than 6.10 meters (20
feet) above an existing manmade structure (other than an antenna
structure); and
(viii) The applicant understands and agrees that, in the event
harmful interference is claimed by the filing of an objection or
petition to deny, it must terminate operation within two (2) hours of
notification by the Commission, and must not recommence operation until
receipt of written authorization to do so by the Commission; and
(ix) If the applicant is a capacity lessee, a certification that:
(A) The licensee or conditional licensee has provided its written
consent to permit the capacity lessee to apply for the booster station
license; and
(B) The applicant and the licensee or conditional licensee have
entered into a lease that is in effect at the time of such filing.
(f) Commencing upon the filing of an application for a high-power
MDS signal booster station license and until such time as the
application is dismissed or denied or, if the application is granted, a
certification of completion of construction is filed, an applicant for
any new or modified MDS or ITFS station (including a response station
hub, high-power booster station, or I Channels station) shall
demonstrate compliance with the interference protection requirements set
forth in Sec. Sec. 21.902 (b)(3) through (b)(5), 21.938 (b) (1) and (2)
and (c), or 74.903 of this chapter with respect to any previously-
proposed or authorized booster service area both using the transmission
parameters of the high-power MDS signal booster station (e.g., EIRP,
polarization(s) and antenna height) and the transmission parameters of
the MDS station whose channels are to be reused by the high-power MDS
signal booster station. Upon the filing of a certification of completion
of construction of an MDS booster station applied for pursuant to
paragraph (b) of this section, or upon the submission of an MDS booster
station notification pursuant to paragraph (e) of this section, the MDS
station whose channels are being reused by the MDS signal booster shall
no longer be entitled to interference protection pursuant to Sec. Sec.
21.902 (b)(3) through (b)(5), 21.938 (b) (1) and (2) and (c), and 74.903
of this chapter within the booster service area based on the
transmission parameters of the MDS station whose channels are being
reused. A booster station shall not be entitled to protection from
interference caused by facilities proposed on or
[[Page 95]]
prior to the day the application or notification for the booster station
is filed. A booster station shall not be required to protect from
interference facilities proposed on or after the day the application or
notification for the booster station is filed.
(g) Where an application is granted under paragraph (d) of this
section, if a facility operated pursuant to that grant causes harmful,
unauthorized interference to any cochannel or adjacent channel facility,
it must promptly remedy the interference or immediately cease operations
of the interfering facility, regardless of whether any petitions to deny
or for other relief were filed against the application during the
application process. The burden of proving that a high-power MDS signal
booster station is not causing harmful, unauthorized interference lies
on the licensee of the alleged interfering facility, following the
filing of a documented complaint of interference by an affected party.
(h) In the event any MDS or ITFS receive site suffers interference
due to block downconverter overload, the licensee of each non-co/
adjacent channel signal booster station within five miles of such
receive site shall cooperate in good faith to expeditiously identify the
source of the interference. Each licensee of a signal booster station
contributing to such interference shall bear the joint and several
obligation to remedy promptly all interference resulting from block
downconverter overload at any ITFS registered receive site or at any
receive site within an MDS or ITFS protected service area applied for
prior to the submission of the application or notification for the
signal booster station, regardless of whether the receive site suffering
the interference was constructed prior to or after the construction of
the signal booster station(s) causing the downconverter overload;
provided, however, that the licensee of the registered ITFS receive site
or the MDS or ITFS protected service area must cooperate fully and in
good faith with efforts by signal booster station licensees to prevent
interference before constructing the signal booster station and/or to
remedy interference that may occur. In the event that more than one
signal booster station licensee contributes to block downconverter
interference at an MDS or ITFS receive site, such licensees shall
cooperate in good faith to remedy promptly the interference.
[63 FR 65109, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999, as amended at 64
FR 63736, Nov. 22, 1999; 65 FR 46619, July 31, 2000]
Effective Date Note: At 65 FR 46619, July 31, 2000, Sec. 24.913 was
amended by revising paragraphs (b) introductory text, (b)(8), and
(e)(4)(ix). These paragraphs contain information collection and
recordkeeping requirements and will not become effective until approval
has been given by the Office of Management and Budget.
Sec. 21.914 Mutually-exclusive MDS applications.
Notwithstanding the provisions of Sec. 21.31 (b)(2)(i) and (ii) of
this part, to be entitled to be included in a random selection process
or to comparative consideration with one or more conflicting
applications, an application for frequencies at 2150-2162 MHz, 2596-2644
MHz, 2650-2656 MHz, 2662-2668 MHz, or 2674-2680 MHz must be received by
the Commission in a condition acceptable for filing on the same calendar
day as the first of the conflicting applications is received by the
Commission in a condition acceptable for filing.
[55 FR 46012, Oct. 31, 1990, as amended at 56 FR 57819, Nov. 14, 1991]
Sec. 21.915 One-to-a-market requirement.
Each applicant may file only a single Multipoint Distribution
Service application for the same channel or channel group in each area.
The stockholders, partners, owners, trustees, beneficiaries, officers,
directors, or any other person or entity holding, directly or
indirectly, any interest in one applicant or application for an area and
channel or channel group, must not have any interest, directly or
indirectly, in another applicant or application for that same area and
channel or channel group.
[58 FR 11799, Mar. 1, 1993]
Sec. 21.920 Applicability of cable television EEO requirements to MDS and
MMDS facilities.
Notwithstanding other EEO provisions within Sec. 1.815 of this
chapter and
[[Page 96]]
Sec. 21.307, an entity that uses an owned or leased MDS, MMDS and/or
ITFS facility to provide more than one channel of video programming
directly to the public must comply with the equal employment opportunity
requirements set forth in part 76, subparts E and U of this chapter, if
such entity exercises control (as defined in part 76, subparts E and U
of this chapter) over the video programming it distributes.
[58 FR 42249, Aug. 9, 1993, as amended at 65 FR 53614, Sept. 5, 2000]
Sec. 21.921 Basis and purpose for electronic filing and competitive bidding
process.
(a) Basis. The rules for competitive biding procedures for the
Multipoint Distribution Service (MDS) in this part are promulgated under
the provisions of the Communications Act of 1934, as amended, which
vests authority in the Federal Communications Commission to regulate
radio transmission and to issue licenses for radio stations, and Sec.
309(j) of the Act, which vests authority in the Commission to conduct
competitive bidding.
(b) Purpose. This part states the conditions under which portions of
the radio spectrum are made available and licensed for Multipoint
Distribution Service via the competitive bidding procedures.
(c) Scope. The rules in this part apply only to authorizations and
station licenses granted under the competitive bidding procedures of
this section. This subpart contains some of the procedures and
requirements for the issuance of authorizations to construct and operate
multipoint distribution services. One also should consult part 1,
subpart Q of the Commission's rules, Sec. Sec. 21.1 through 21.406 and
21.900 through 21.920 of this part, and other Commission rules of
importance with respect to the licensing and operation of MDS stations.
[60 FR 36554, July 17, 1995]
Sec. 21.922 Authorized frequencies.
The frequencies in the MDS service through the competitive bidding
process are in the frequency allocations table of Sec. 21.901 of this
part.
[60 FR 36555, July 17, 1995]
Sec. 21.923 Eligibility.
Any individual or entity, other than those precluded by Sec. Sec.
21.4 and 21.912 of this part, is eligible to receive a Basic Trading
Area (BTA) authorization and a station license for each individual MDS
station within the BTA. There is no restriction on the number of BTA
authorizations or MDS station licenses, including multiple cochannel
station licenses, sought by or awarded to a qualified individual or
entity.
[60 FR 36555, July 17, 1995]
Sec. 21.924 Service areas.
(a) MDS service areas are regional Basic Trading Areas (BTAs) which
are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide,
123rd Edition, at pages 38-39. The BTA Map is available for public
inspection at the Reference Information Center, Consumer and
Governmental Affairs Bureau, Federal Communications Commission, 445 12th
Street, SW, Washington, DC 20554.
(b) The following additions will be available for licensing
separately as BTA-like areas: American Samoa; Guam; Northern Mariana
Islands; San Juan, Puerto Rico; Mayaguez/Aguadilla-Ponce, Puerto Rico;
and the United States Virgin Islands.
(c) The area within the boundaries of a BTA to which a BTA
authorization holder may provide Multipoint Distribution Service
excludes the protected service areas of any incumbent MDS stations and
previously proposed and authorized ITFS facilities, including registered
receive sites.
[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995;
64 FR 60726, Nov. 8, 1999; 67 FR 13225, Mar. 21, 2002]
Sec. 21.925 Applications for BTA authorizations and MDS station licenses.
(a)(1) An applicant must file a short-form application and, when
necessary, the short-form application supplement, identifying each BTA
service authorization sought.
(2) For purposes of conducting competitive bidding procedures,
short-form applications are considered to be mutually exclusive with
each other if they were filed for, and specified, the same BTA service
area.
[[Page 97]]
(b) Separate long-form applications must be filed for each
individual MDS station license sought within the protected service area
of a BTA or PSA, including:
(1) An application for each E-channel group, F-channel group, and
single H, 1, and 2A channel station license sought;
(2) An application for each site where one or more MDS response
station hub license(s) is/are sought, provided that the technical
parameters of each MDS response station hub are the same;
(3) An application for each site where one or more MDS booster
station(s) will operate with an EIRP in excess of -9 dBW (or, when
subchannels or superchannels, or 125 kHz channels, are used, the
appropriately adjusted value based upon the ratio of 6 MHz to the
subchannel or superchannel, or 125 kHz, bandwidth);
(4) An application for authority to operate at an MDS station in the
area vacated by an MDS station incumbent that has forfeited its station
license; and
(5) An application for each ITFS-channel group station license
sought in accordance with Sec. Sec. 74.990 and 74.991 of this chapter.
(c) The Commission shall grant BTA authorizations to auction winners
as set forth in Sec. 21.958.
(d) No long-form application filed by the BTA authorization holder
will be accepted prior to completion of the competitive bidding process
and no long-form application will be granted until expiration of the 30-
day petition to deny period following the public notice listing of the
application as being accepted for filing
(e) Applicants may use the electronic filing procedures to file both
the Multipoint Distribution Service short-form and long-form
applications with the Commission.
[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995;
63 FR 65112, Nov. 25, 1998]
Sec. 21.926 Amendments to long-form applications.
(a) A Multipoint Distribution Service long-form application may be
amended as a matter of right up to the date of the public notice
announcing the application has been accepted for filing provided that:
(1) The proposed amendments do not amount to more than a pro forma
change of ownership and control;
(2) The Commission has not otherwise forbidden the amendment of
pending applications.
(b) Requests to amend a long-form application placed on public
notice as being accepted for filing may be granted only if a written
petition demonstrating good cause is submitted and properly served on
the parties of record.
[60 FR 36555, July 17, 1995]
Sec. 21.927 Sole bidding applicants.
Where the deadline for filing MDS short-form applications has
expired and a particular BTA service area has been specified in a single
short-form application only, the applicant shall be named the auction
winner for that BTA authorization.
[60 FR 36555, July 17, 1995]
Sec. 21.928 Acceptability of short- and long-form applications.
The acceptability of short- and long-form applications will be
determined according to the requirements of Sec. Sec. 21.13, 21.15,
21.20, 21.21 and 21.952.
[60 FR 36555, July 17, 1995]
Sec. 21.929 Authorization period for station licenses.
(a)(1) A BTA authorization will be granted for a term of ten years,
terminating ten years from the date of the Commission declared bidding
closed in the MDS auction.
(2) A BTA authorization shall automatically terminate without
further notice to the licensee upon expiration of the ten-year license
term unless prior thereto an application for renewal of such license has
been filed with the Commission.
(b) Notwithstanding Sec. 21.45, each new MDS station licensed
within a BTA or PSA will be granted for a term of ten years, terminating
ten years from the date the Commission declared bidding closed in the
MDS auction.
[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995]
[[Page 98]]
Sec. 21.930 Five-year build-out requirements.
(a)(1) A BTA authorization holder has a five-year build-out period,
beginning on the date of the grant of the BTA authorization and
terminating on the 5th year anniversary of the grant of the
authorization, within which it may develop and expand MDS station
operations within its service area.
(2) This period is not extended by the grant of subsequent
authorizations (i.e., grant of a station license or modification).
(3) Timely certifications of completion of construction for each MDS
station within a BTA or partitioned service area must be filed upon
completion of construction of a station.
(b) Each BTA authorization holder has the exclusive right to build,
develop, expand and operate MDS stations within its BTA service area
during the five-year build-out period. The Commission will not accept
competing applications for MDS station licenses within the BTA service
area during this period.
(c)(1) Within five years of the grant of a BTA authorization, the
authorization holder must construct MDS stations to provide signals
pursuant to Sec. 21.907 that are capable of reaching at least two-
thirds of the population of the applicable service area, excluding the
populations within protected service areas of incumbent stations.
(2) Sixty days prior to the end of the five-year build out period,
the BTA authorization holder must file with the Commission proof that
demonstrates the holder has met the requirements of Sec. 21.930(c)(1).
The most recent census figures available from the U.S. Department of
Commerce, Bureau of Census prior to the expiration of the authorization
holder's five-year build-out period will be used to determine compliance
with population-based requirements. In no event shall census figures
gathered prior to 1990 be used.
(d)(1) If the Commission finds that the BTA authorization holder has
demonstrated that it has met the requirements of Sec. 21.930(c)(1), the
Commission will issue a declaration that the holder has met such
requirements.
(2) If the Commission finds that the BTA authorization holder has
not provided a signal as required in Sec. 21.930(c)(1), the Commission
shall partition from the BTA any unserved area, using county lines as a
guide, and shall re-authorize service to the unserved area pursuant to
the MDS competitive bidding procedures of this subpart. Applications for
such unserved areas are not acceptable for filing until a filing date is
announced through a public notice.
(i) The competitive bidding procedures set forth in Sec. Sec.
21.950 through 21.960 shall be followed by applicants seeking authority
to provide MDS service to the unserved partitioned area.
(ii) The BTA authorization holder originally authorized to provide
service is ineligible to participate in the competitive bidding process
for the unserved areas partitioned from its BTA.
[60 FR 36555, July 17, 1995, as amended at 68 FR 42998, July 21, 2003]
Sec. 21.931 Partitioned service areas (PSAs).
(a)(1) The holder of a BTA authorization may enter into contracts
with eligible parties to partition any portion of its service area
according to county boundaries, or according to other geopolitical
subdivision boundaries, or multiple contiguous counties or geopolitical
subdivisions within the BTA service area.
(2)(i) Partitioning contracts must be filed with the Commission
within 30 days of the date that such agreements are reached.
(ii) The contracts must include descriptions of the areas being
partitioned and include any documentation necessary to convey to the
Commission the precise boundaries of the partitioned area.
(3) Parties to partitioning contracts must file concurrently with
such contracts one of the following, where appropriate:
(i) An MDS long-form application for authority to operate a new MDS
station within the PSA;
(ii) Applications for assignment or transfer of existing stations
with the PSA; or
(iii) A statement of intention as defined in Sec. 21.956(a) along
with a completed FCC Form 430.
[[Page 99]]
(b) The eligibility requirements applicable to BTA authorization
holders also apply to those individuals and entities seeking PSA
authorizations.
(c) Any individual or entity acquiring the rights to a partitioned
area of a BTA also acquires the rights to any previously authorized
individual stations located within the partitioned area that were held
by the previous authorization holder, provided that grantable
applications for assignment and transfer of control, FCC Forms 702 and
704, are filed for existing stations and that acceptable amendments to
pending long-form applications are filed. Pending long-form applications
filed by the previous authorization holder for transmitter sites within
the PSA may also be dismissed without prejudice at the applicant's
request.
(d) Authorizations for PSAs will be issued in accordance with Sec.
21.958; however, when individual stations within an PSA are assigned
along with the partitioned area, the authorization will be granted
concurrently with the grant of the applications for assignment and
transfer of the existing stations.
(e) Subsequent to issuance of the authorization for a PSA, thee
partitioned area will be treated as a separate protected service area.
(f)(1) When any area within a BTA becomes a PSA, the remaining
counties and other geopolitical subdivisions within that BTA will also
be subsequently treated and classified as a PSA(s).
(2) At the time a BTA is partitioned, the Commission shall cancel
the BTA authorization initially issued and issue a PSA authorization to
the former BTA authorization holder.
(g) The duties and responsibilities imposed upon BTA authorization
holders in this part and throughout the Commission's rules, such as
Sec. 21.930(c)(1), apply to the holders of PSA authorizations.
(h) The build-out period for PSAs voluntarily partitioned shall be
the remainder of the five-year build-out period applicable to the BTA or
PSA from which the PSA was drawn. For PSA authorizations issued pursuant
to Sec. 21.930(d)(2) and the competitive bidding process, the build-out
period is five years, beginning on the date of the grant of the PSA
authorization. The requirements of Sec. 21.930(c)(1) also apply to the
holders of authorizations for PSAs.
[60 FR 36556, July 17, 1995]
Sec. 21.932 Forfeiture of incumbent MDS station licenses.
(a) If the license for a incumbent MDS station is forfeited, absent
the filing and grant of a petition for reinstatement pursuant to Sec.
21.44(b), the 56.33 km (35 mile) protected service area of the incumbent
station shall dissolve and the protected service area shall become part
of the BTA or PSA surrounding it.
(b) If upon forfeiture the protected service area of a forfeited
license extends across the boundaries of more than one BTA or PSA, the
portions of the protected service area of the incumbent station shall
merge with the overlapping BTAs or PSAs.
(c) The holder of the authorization for the BTA or PSA with which
the service area of the forfeited incumbent station has merged has the
exclusive right to file a long-form application to operate a station
within the merged area and may modify the locations of its stations to
serve the forfeited area.
[60 FR 36556, July 17, 1995]
Sec. 21.933 Protected service areas.
(a) The stations licensed to the holder of a BTA authorization shall
have a protected service area that is coterminous with the boundaries of
that BTA, subject to the exclusion of the 56.33 km (35 mile) protected
service area of incumbent MDS stations and of previously proposed and
authorized ITFS facilities within that BTA, even if these protected
service areas extend into adjacent BTAs. The protected service area also
includes registered receive sites.
(b) The stations licensed to the holder of a PSA authorization shall
have a protected service area that is coterminous with the boundaries of
the counties or other geopolitical subdivisions comprising the PSA,
subject to the exclusion of the 56.33 km (35 mile) protected service
area of incumbent MDS stations and of previously proposed and authorized
ITFS facilities within that
[[Page 100]]
PSA, even if these protected service areas extend into adjacent BTAs.
The protected service area also includes registered receive sites.
[60 FR 57367, Nov. 15, 1995]
Sec. 21.934 Assignment or transfer of control of BTA authorizations.
(a)(1) A BTA or PSA authorization holder seeking approval for a
transfer of control or assignment of its authorization within three
years of receiving such authorization through a competitive bidding
procedure must, together with its application for transfer of control or
assignment, file with the Commission a statement indicating that its
authorization was obtained through competitive bidding.
(2) Such applicant must also file with the Commission the associated
contracts for sale, option agreements, management agreements, or other
documents disclosing the total consideration that the applicant would
receive in return for the transfer or assignment of its authorization.
This information should include not only a monetary price, but also any
future, contingent, in-kind, or other consideration (e.g., management or
consulting contracts either with or without an option to purchase; below
market financing).
(b) Transfers of control or assignments of BTA or PSA authorizations
are subject to the limitations of Sec. Sec. 21.4, 21.900 and 21.912 of
this subpart.
(c) The anti-trafficking provision of Sec. 21.39 does not apply to
the assignment or transfer of control of a BTA or PSA authorization,
which was granted pursuant to the Commission's competitive bidding
procedures.
[60 FR 36556, July 17, 1995]
Sec. 21.935 Assignment or transfer of control of station licenses within a
BTA.
Licenses for individual stations within a BTA or PSA area issued to
authorization holders may not be transferred or assigned unless they are
acquired as part of a PSA.
[60 FR 36557, July 17, 1995]
Sec. 21.936 Cancellation of authorization.
(a) The Commission may revoke or cancel a BTA or PSA authorization
for gross misconduct, misrepresentation or bad faith on the part of the
authorization holder.
(b) Cancellation of a BTA or PSA authorization shall result in
termination of any rights the authorization holder holds in individual
proposed or authorized stations within the BTA or PSA.
[60 FR 36557, July 17, 1995]
Sec. 21.937 Negotiated interference protection.
(a) The level of acceptable electromagnetic interference that occurs
at or within the boundaries of BTAs, PSAs, or an incumbent MDS station's
56.33 km (35 mile) protected service area can be negotiated and
established by an agreement between the appropriate parties, provided
that:
(1) The parties to such an agreement file with the Commission a
written statement of no objection, acknowledging that the parties have
agreed to accept a level of interference that does not meet the
protection standards set forth in Sec. Sec. 21.902 or 21.938 of the
Commission's rules;
(2) The statement bears the signatures of all parties to the
agreement, or the signatures of their representative agents; and
(3) The statement is filed with the Commission within 30 days of its
ratification or file in conjunction with an application with which the
agreement is associated, whichever is earliest.
[60 FR 36557, July 17, 1995]
Sec. 21.938 BTA and PSA technical and interference provisions.
(a) BTA or PSA authorization holders are expected to cooperate with
one another by designing their stations in a manner that protects
service in adjoining BTAs and PSAs including consideration of
interference abatement techniques such as cross polarization, frequency
offset, directional antennas, antenna beam tilt, EIRP decrease,
reduction of antenna height, and terrain shielding.
(b) Unless the affected parties have executed a written interference
agreement in accordance with Sec. 21.937, and subject to the provisions
of Sec. Sec. 21.909, 21.913, 21.949, 74.939 of this chapter, 74.949 of
this chapter and 74.985 of this
[[Page 101]]
chapter regarding the protection of response station hubs, booster
service areas and 125 kHz channels from harmful electromagnetic
interference, stations licensed to a BTA or PSA authorization holder
must not cause harmful electromagnetic interference to the following:
(1) The protected service area of other authorization holders in
adjoining BTAs or PSAs.
(2) The 56.33 km (35 mile) protected service areas of authorized or
previously proposed MDS stations (incumbents).
(3) Registered receive sites and protected service areas of
authorized or previously proposed stations in the Instructional
Television Fixed Service pursuant to the manner in which interference is
defined in Sec. 74.903(a).
(c)(1) ITFS applicants may locate a new station in an unused portion
of a BTA or PSA where interference to a previously-proposed or
authorized MDS station of a BTA or PSA authorization holder would not be
predicted.
(2) With respect to ITFS applications only and for purposes of
determining the existence of harmful electromagnetic interference as
caused to MDS stations licensed to BTA or PSA authorization holders by
subsequently proposed ITFS stations within that BTA, MDS stations
licensed to BTA and PSA authorization holders and will have a protected
service area of 56.33 km (35 miles), centered on the antenna site of the
MDS stations.
(3) The 56.33 km (35 mile) protected service area afforded to a
previously-proposed or authorized MDS station of a BTA or PSA
authorization holder with respect to a subsequently proposed ITFS
station is entitled to the interference protection standards of Sec.
21.902.
(4) An ITFS station authorized before September 15, 1995 may be
modified, provided the power flux density of that station does not
exceed -73 dBW/m\2\ (or the appropriate value for bandwidth other than 6
MHz) at locations along the 56.33 km (35 mile) circle centered on the
then-existing transmitting antenna site or service area of a collocated
incumbent MDS station, as applicable.
(d) Unless the affected parties have executed a written interference
agreement in accordance with Sec. 21.937, it shall be the
responsibility of a BTA or PSA authorization holder to correct at its
expense any condition of harmful electromagnetic interference caused to
authorized MDS service at locations within other BTAs or PSAs or within
the 56.33 km (35 mile) protected service areas of authorized or
previously proposed ITFS and MDS stations (incumbents), or at authorized
or previously proposed ITFS receive sites.
(e) Unless specifically excepted, BTA or PSA authorization holders
are governed by the interference protection and other technical
provisions applicable to MDS.
(f) The calculated free space power flux density from an MDS
station, other than an incumbent MDS station, may not exceed -73 dBW/
m\2\ (or the appropriate value for bandwidth other than 6 MHz) at
locations on BTA or PSA boundaries for which there is an unobstructed
signal path from the transmitting antenna to the boundary, unless the
applicant has obtained the written consent of the authorization holder
for the affected BTA or PSA.
(g)(1) Authorization holders for BTAs or PSAs must notify
authorization holders of adjoining areas of their application filings
for new or modified stations; provided the proposed facility would
produce an unobstructed signal path anywhere within the adjoining BTA or
PSA.
(2) This service of written notification must include a copy of the
FCC application and occur on or before the date the application is filed
with the Commission.
(3) With regard to incumbent MDS stations, authorization holders for
BTAs or PSAs must comply with the requirements of Sec. 21.902.
(h) Where a PSA adjoins a BTA and both authorizations are held by
the same individual or entity, the PSA shall be considered an extension
of the protected service area of the BTA regarding the interference
protection, limiting signal strength, and notification provisions of
this section.
[60 FR 36557, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995;
63 FR 65112, Nov. 25, 1998; 64 FR 63737, Nov. 22, 1999]
[[Page 102]]
Sec. 21.939 Harmful interference abatement.
In the event harmful interference occurs or appears to occur, after
notice and an opportunity for a hearing, Commission staff may require
any Multipoint Distribution Service conditional licensee or licensee to:
(a) Modify the station to use cross polarization, frequency offset
techniques, directional antenna, antenna beam tilt, or
(b) Order an equivalent isotropically radiated power decrease, a
reduction of transmitting antenna height, a change of antenna location,
a change of antenna radiation pattern, or a reduction in aural signal
power.
[60 FR 36557, July 17, 1995]
Sec. 21.940 Non-subscription MDS service.
The Commission must be notified, and prior Commission approval
obtained, before Multipoint Distribution Service or Multichannel
Multipoint Distribution Service may be provided on a non-subscription
basis.
[63 FR 29668, June 1, 1998]
Sec. Sec. 21.941-21.948 [Reserved]
Sec. 21.949 Individually licensed 125 kHz channel MDS response stations.
(a) The provisions of Sec. 21.909(a), (e), (h), (j), (l) and (m)
and Sec. 74.939(j) of this chapter shall also apply with respect to
authorization of 125 kHz channel MDS response stations not authorized
under a response station hub license. The applicant shall comply with
the requirements of Sec. 21.902 and Sec. 21.938 where appropriate, as
well as with the provisions of Sec. Sec. 21.909, 21.913, 74.939 and
74.985 of this chapter regarding the protection of response stations
hubs and booster (and primary) service areas from harmful
electromagnetic interference, using the appropriately adjusted
interference protection values based upon the ratios of the bandwidths
involved.
(b) An application for a license to operate a new or modified 125
kHz channel MDS response station not under a response station hub
license shall be filed with Mellon Bank on FCC Form 331. The applicant
shall supply the following information and certification on that form
for each response station:
(1) The geographic coordinates and street address of the MDS
response station transmitting antenna; and
(2) The manufacturer's name, type number, operating frequency, and
power output of the proposed MDS response station transmitter; and
(3) The type of transmitting antenna, power gain, azimuthal
orientation and polarization of the major lobe of radiation in degrees
measured clockwise from True North; and
(4) A sketch giving pertinent details of the MDS response station
transmitting antenna installation including ground elevation of the
transmitter site above mean sea level; overall height above ground,
including appurtenances, of any ground-mounted tower or mast on which
the transmitting antenna will be mounted or, if the tower or mast is or
will be located on an existing building or other manmade structure, the
separate heights above ground of the building and the tower or mast
including appurtenances; the location of the tower or mast on the
building; the location of the transmitting antenna on the tower or mast;
and the overall height of the transmitting antenna above ground.
(5) A certification that all licensees and applicants appropriately
covered under the provisions of (a), above, have been served with copies
of the application.
(c) Each MDS response station licensed under this section shall
comply with the following:
(1) No MDS response station shall be located beyond the protected
service area of the MDS station with which it communicates; and
(2) No MDS response station shall operate with a transmitter output
power in excess of 2 watts; and
(3) No MDS response station shall operate at an excess of 16 dBW
EIRP.
(d) During breaks in communications, the unmodulated carrier
frequency of an analog transmission shall be maintained within 35 kHz of
the assigned frequency at all times. Adequate means shall be provided to
insure compliance with this rule.
[[Page 103]]
(e) Each MDS response station shall employ a directive transmitting
antenna oriented towards the transmitter site of the associated MDS
station or towards the response station hub with which the MDS response
station communicates. The beamwidth between half power points shall not
exceed 15[deg] and radiation in any minor lobe of the antenna radiation
pattern shall be at least 20 dB below the power in the main lobe of
radiation.
(f) A response station may be operated unattended. The overall
performance of the response station transmitter shall be checked by the
licensee of the station or hub receiving the response signal, or by the
licensee's employees or agents, as often as necessary to ensure that the
transmitter is functioning in accordance with the requirements of the
Commission's rules. The licensee of the station or hub receiving the
response signal is responsible for the proper operation of the response
station and must have reasonable and timely access to the response
station transmitter. The response station shall be installed and
maintained by the licensee of the associated station or hub, or the
licensee's employees or agents, and protected in such manner as to
prevent tampering or operation by unauthorized persons. No response
station which has not been installed by an authorized person may
lawfully communicate with any station or hub.
[63 FR 65112, Nov. 25, 1998; 64 FR 4055, Jan. 27, 1999, as amended at 64
FR 63737, Nov. 22, 1999]
Effective Date Note: At 63 FR 65112, Nov. 25, 1998, Sec. 21.949 was
added. Paragraphs (b) and (f) contain information and recordkeeping
requirements and will not become effective until approval has been given
by the Office of Management and Budget.
Sec. 21.950 MDS subject to competitive bidding.
Mutually exclusive initial applications for MDS 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 part.
[67 FR 45366, July 9, 2002]
Sec. Sec. 21.951-21.953 [Reserved]
Sec. 21.954 Submission of upfront payments.
Applicants who are small businesses eligible for reduced upfront
payments will be required to submit an upfront payment amount in
accordance with Sec. 21.960(d).
[68 FR 42998, July 21, 2003]
Sec. 21.955 [Reserved]
Sec. 21.956 Filing of long-form applications or statements of intention.
(a)(1) Within 30 business days of being notified of its status as a
winning bidder, each winning bidder for a BTA service area will be
required to submit either:
(i) An initial long-form application for an MDS station license,
along with any required exhibits; or
(ii) A statement of intention with regard to the BTA service area,
along with any required exhibits, showing the encumbered nature of the
BTA, identifying all previously authorized or proposed MDS and ITFS
facilities, and describing in detail the winning bidder's plan for
obtaining the previously authorized and/or proposed MDS stations within
the BTA.
(2) A winning bidder that fails to submit either the initial long-
form application or statement of intention as required under this
section, and fails to establish good cause for any late-filed
application or statement, shall be deemed to have defaulted and will be
subject to the payments set forth in Sec. 21.959(a).
(b) Each initial long-form application for an MDS station license
within an auction winner's BTA service area, and each statement of
intention with regard to an auction winner's BTA service area, must also
include the following:
(1) FCC Form 430;
(2) An exhibit detailing the terms and conditions and parties
involved in any bidding consortia, joint venture, partnership or other
agreement or arrangement the winning bidder had entered into relating to
the competitive bidding process prior to the time bidding was completed
(see 47 CFR 1.2107(d) of this chapter);
[[Page 104]]
(3) An exhibit complying with Sec. Sec. 1.2110(j) of this chapter
and 21.960(f), if the winning bidder submitting the long-form
application or statement of intention claims status as a designated
entity.
(c) Subsequent long-form applications for additional MDS station
licenses within the BTA service areas of winning bidders may be
submitted at any time during the five year build-out period and need not
contain the exhibits specified in paragraphs (b)(2) through (3) of this
section.
[60 FR 36559, July 17, 1995, as amended at 61 FR 18098, Apr. 24, 1996;
67 FR 45366, July 9, 2002; 68 FR 42998, July 21, 2003]
Sec. 21.957 Comments on statements of intention.
In addition to the provisions of Sec. 21.30, parties wishing to
comment or oppose the issuance of a BTA authorization in connection with
the filing of a statement of intention by a winning bidder must do so
prior to the Commission's issuance of the BTA authorization.
[67 FR 45366, July 9, 2002]
Sec. 21.958 Issuance of BTA licenses.
A winning bidder who submitted a long-form application for an MDS
station license within its BTA service area pursuant to Sec. 21.956(a)
will receive its BTA authorization concurrent with the grant of its MDS
conditional station license within its BTA service area. A winning
bidder who submitted a statement of intention with regard to its BTA
service area pursuant to Sec. 21.956(a) will receive its BTA
authorization following the Commission's review of its statement of
intention. The Commission will issue a BTA authorization to a winning
bidder within ten (10) business days following notification of receipt
of full payment of the amount of the winning bid.
[67 FR 45366, July 9, 2002]
Sec. 21.959 [Reserved]
Sec. 21.960 Designated entity provisions for MDS.
(a) Eligibility for small business provisions. A small business is
an entity that together with its affiliates has average annual gross
revenues that are not more than $40 million for the preceding three
calendar years.
(b) Designated entities. As specified in this section, designated
entities that are winning bidders for BTA service areas are eligible for
special incentives in the auction process. See 47 CFR 1.2110.
(c) Installment payments. Small businesses and small business
consortia may elect to pay the full amount of their winning bids for BTA
service areas in installments over a ten (10) year period running from
the date that their BTA authorizations are issued.
(1) Each eligible winning bidder paying for its BTA authorization(s)
on an installment basis must deposit by wire transfer or cashier's check
in the manner specified in Sec. 21.955 sufficient additional funds as
are necessary to bring its total deposits to ten (10) percent of its
winning bid(s) within five (5) business days after the Commission has
declared it the winning bidder and closed the bidding. Failure to remit
the required payment will make the bidder liable for the payments set
forth in Sec. 21.959(a)(2).
(2) Within five (5) business days following release of the public
notice stating that the BTA authorization of a winning bidder eligible
for installment payments is ready to be issued, the winning bidder shall
pay another ten (10) percent of its winning bid, thereby commencing the
eligible bidder's installment payment plan. The Commission will issue
the BTA authorization to the eligible winning bidder within ten (10)
business days following notification of receipt of this additional ten
(10) percent payment. Failure to remit the required payment will make
the bidder liable for the payments set forth in Sec. 21.959(a)(2).
(3) Upon issuance of a BTA authorization to a winning bidder
eligible for installment payments, the Commission will notify such
eligible BTA authorization holder of the terms of its installment
payment plan. For MDS, such installment payment plans will:
(i) Impose interest based on the rate of ten (10) year U.S. Treasury
obligations at the time of issuance of the BTA authorization, plus two
and one half (2.5) percent;
[[Page 105]]
(ii) Allow installment payments for a ten (10) year period running
from the date that the BTA authorization is issued;
(iii) Begin with interest-only payments for the first two (2) years;
and
(iv) Amortize principal and interest over the remaining years of the
ten (10) year period running from the date that the BTA authorization is
issued.
(4) Conditions and obligations. See Sec. 1.2110(f)(4) of this
chapter.
(5) Unjust enrichment. If an eligible BTA authorization holder that
utilizes installment financing under this subsection seeks to partition,
pursuant to Sec. 21.931, a portion of its BTA containing one-third or
more of the population of the area within its control in the licensed
BTA to an entity not meeting the eligibility standards for installment
payments, the holder must make full payment of the remaining unpaid
principal and any unpaid interest accrued through the date of partition
as a condition of approval.
(d) Reduced upfront payments. A prospective bidder that qualifies as
a small business, or as a small business consortia, is eligible for a
twenty-five (25) percent reduction in the amount of the upfront payment
required by Sec. 21.954. To be eligible to bid on a particular BTA, a
small business will be required to submit an upfront payment equal to
seventy-five (75) percent of the upfront payment amount specified for
that BTA in the public notice listing the upfront payment amounts
corresponding to each BTA service area being auctioned.
(e) Bidding credits. A winning bidder that qualifies as a small
business, or as a small business consortia, may use a bidding credit of
fifteen (15) percent to lower the cost of its winning bid on any of the
BTA authorizations awarded in the MDS auction.
(f) Short-form application certification; Long-form application or
statement of intention disclosure. An MDS applicant claiming designated
entity status shall certify on its short-form application that it is
eligible for the incentives claimed. A designated entity that is a
winning bidder for a BTA service area(s) shall, in addition to
information required by Sec. 21.956(b), file an exhibit to either its
initial long-form application for an MDS station license, or to its
statement of intention with regard to the BTA, which discloses the gross
revenues for each of the past three years of the winning bidder and its
affiliates. This exhibit shall describe how the winning bidder claiming
status as a designated entity satisfies the designated entity
eligibility requirements, and must list and summarize all agreements
that affect designated entity status, such as partnership agreements,
shareholder agreements, management agreements and other agreements,
including oral agreements, which establish that the designated entity
will have both de facto and de jure control of the entity. See 47 CFR
1.2110(i).
(g) Records maintenance. All holders of BTA authorizations acquired
by auction that claim designated entity status shall maintain, at their
principal place of business or with their designated agent, an updated
documentary file of ownership and revenue information necessary to
establish their status. Holders of BTA authorizations or their
successors in interest shall maintain such files for a ten (10) year
period running from the date that their BTA authorizations are issued.
The files must be made available to the Commission upon request.
[60 FR 36560, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995;
63 FR 2348, Jan. 15, 1998; 67 FR 45366, July 9, 2002; 68 FR 42998, July
21, 2003]
Sec. 21.961 [Reserved]
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.
[[Page 106]]
22.143 Construction prior to grant of application.
22.150 Standard pre-filing technical coordination procedure.
22.157 Distance computation.
22.159 Computation of average terrain elevation.
22.161 Application requirements for ASSB.
22.165 Additional transmitters for existing systems.
22.169 Internal coordination of channel assignments.
Competitive Bidding Procedures
22.201 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.
22.359 Emission masks.
22.361 Standby facilities.
22.363 Directional antennas.
22.365 Antenna structures; air navigation safety.
22.367 Wave polarization.
22.371 Disturbance of AM broadcast station antenna patterns.
22.373 Access to transmitters.
22.377 Certification of transmitters.
22.379 Replacement of equipment.
22.381 Auxiliary test transmitters.
22.383 In-building radiation systems.
Subpart D_Developmental Authorizations
22.401 Description and purposes of developmental authorizations.
22.403 General limitations.
22.409 Developmental authorization for a new Public Mobile Service or
technology.
22.411 Developmental authorization of 43 MHz paging transmitters.
22.413 Developmental authorization of 72-76 MHz fixed transmitters.
22.415 Developmental authorization of 928-960 MHz fixed transmitters.
22.417 Developmental authorization of meteor burst systems.
Subpart E_Paging and Radiotelephone Service
22.501 Scope.
22.503 Paging geographic area authorizations.
22.507 Number of transmitters per station.
22.509 Procedures for mutually exclusive applications in the Paging and
Radiotelephone Service.
22.511 Construction period for the Paging and Radiotelephone Service.
22.513 Partitioning and disaggregation.
22.515 Permissible communications paths.
22.527 Signal boosters.
22.529 Application requirements for the Paging and Radiotelephone
Service.
Paging Operation
22.531 Channels for paging operation.
22.535 Effective radiated power limits.
22.537 Technical channel assignment criteria.
22.539 Additional channel policies.
22.551 Nationwide network paging service.
22.559 Paging application requirements.
One-way or Two-way Mobile Operation
22.561 Channels for one-way or two-way mobile operation.
22.563 Provision of rural radiotelephone service upon request.
22.565 Transmitting power limits.
22.567 Technical channel assignment criteria.
22.569 Additional channel policies.
22.571 Responsibility for mobile stations.
22.573 Use of base transmitters as repeaters.
22.575 Use of mobile channel for remote control of station functions.
22.577 Dispatch service.
22.579 Operation of mobile transmitters across U.S.-Canada border.
22.589 One-way or two-way application requirements.
Point-to-Point Operation
22.591 Channels for point-to-point operation.
22.593 Effective radiated power limits.
[[Page 107]]
22.599 Assignment of 72-76 MHz channels.
22.601 Assignment of microwave channels.
22.602 Transition of the 2110-2130 and 2160-2180 MHz channels to
emerging technologies.
22.603 488-494 MHz fixed service in Hawaii.
Point-to-Multipoint Operation
22.621 Channels for point-to-multipoint operation.
22.623 System configuration.
22.625 Transmitter locations.
22.627 Effective radiated power limits.
470-512 MHz Trunked Mobile Operation
22.651 470-512 MHz channels for trunked mobile operation.
22.653 Eligibility.
22.655 Channel usage.
22.657 Transmitter locations.
22.659 Effective radiated power limits.
Subpart F_Rural Radiotelephone Service
22.701 Scope.
22.702 Eligibility.
22.703 Separate rural subscriber station authorization not required.
22.705 Rural radiotelephone system configuration.
22.709 Rural radiotelephone service application requirements.
22.711 Provision of information to applicants.
22.713 Construction period for rural radiotelephone stations.
22.715 Technical channel assignment criteria for rural radiotelephone
stations.
22.717 Procedure for mutually exclusive applications in the Rural
Radiotelephone Service.
22.719 Additional channel policy for rural radiotelephone stations.
Conventional Rural Radiotelephone Stations
22.721 Geographic area authorizations.
22.723 Secondary site-by-site authorizations.
22.725 Channels for conventional rural radiotelephone stations.
22.727 Power limits for conventional rural radiotelephone transmitters.
22.729 Meteor burst propagation modes.
22.731 Emission limitations.
22.733 Priority of service.
22.737 Temporary fixed stations.
Basic Exchange Telephone Radio Systems
22.757 Channels for basic exchange telephone radio systems.
22.759 Power limit for BETRS.
Subpart G_Air-Ground Radiotelephone Service
22.801 Scope.
22.803 Air-ground application requirements.
General Aviation Air-Ground Stations
22.805 Channels for general aviation air-ground service.
22.809 Transmitting power limits.
22.811 Idle tone.
22.813 Technical channel pair assignment criteria.
22.815 Construction period for general aviation ground stations.
22.817 Additional channel policies.
22.819 AGRAS compatibility requirement.
Commercial Aviation Air-Ground Systems
22.857 Channel plan for commercial aviation air-ground systems.
22.859 Geographical channel block layout.
22.861 Emission limitations.
22.863 Transmitter frequency tolerance.
22.865 Automatic channel selection procedures.
22.867 Effective radiated power limits.
22.869 Assignment of control channels.
22.871 Control channel transition period.
22.873 Construction period for commercial aviation air-ground systems.
22.875 Commercial aviation air-ground system application requirements.
Subpart H_Cellular Radiotelephone Service
22.900 Scope.
22.901 Cellular service requirements and limitations.
22.905 Channels for cellular service.
22.907 Coordination of channel usage.
22.909 Cellular markets.
22.911 Cellular geographic service area.
22.912 Service area boundary extensions.
22.913 Effective radiated power limits.
22.917 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.
22.942 Limitations on interests in licensees for both channel blocks in
RSAs.
[[Page 108]]
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.
Subpart I_Offshore Radiotelephone Service
22.1001 Scope.
22.1003 Eligibility.
22.1005 Priority of service.
22.1007 Channels for offshore radiotelephone systems.
22.1009 Transmitter locations.
22.1011 Antenna height limitations.
22.1013 Effective radiated power limitations.
22.1015 Repeater operation.
22.1025 Permissible communications.
22.1031 Temporary fixed stations.
22.1035 Construction period.
22.1037 Application requirements for offshore stations.
Subpart J_Required New Capabilities Pursuant to the Communications
Assistance for Law Enforcement Act (CALEA)
22.1100 Purpose.
22.1101 Scope.
22.1102 Definitions.
22.1103 Capabilities that must be provided by a cellular
telecommunications carrier.
Authority: 47 U.S.C. 154, 222, 303, 309, and 332.
Source: 59 FR 59507, Nov. 17, 1994, unless otherwise noted.
Subpart A_Scope and Authority
Sec. 22.1 Basis and purpose.
This section contains a concise general statement of the basis and
purpose of the rules in this part, pursuant to 5 U.S.C. 553(c).
(a) Basis. These rules are issued pursuant to the Communications Act
of 1934, as amended, 47 U.S.C. 151 et. seq.
(b) Purpose. The purpose of these rules is to establish the
requirements and conditions under which domestic common carrier radio
stations may be licensed and used in the Public Mobile Services.
Sec. 22.3 Authorization required.
Stations in the Public Mobile Services must be used and operated
only in accordance with the rules in this part and with a valid
authorization granted by the FCC under the provisions of this part.
(a) The holding of an authorization does not create any rights
beyond the terms, conditions and period specified in the authorization.
Authorizations may be granted upon proper application, provided that the
FCC finds that the applicant is qualified in regard to citizenship,
character, financial, technical and other criteria, and that the public
interest, convenience and necessity will be served. See 47 U.S.C. 301,
308, and 309.
(b) Authority for subscribers to operate mobile or fixed stations in
the Public Mobile Services, except for certain stations in the Rural
Radiotelephone Service and the Air-Ground Radiotelephone Service, is
included in the authorization held by the common carrier providing
service to them. Subscribers are not required to apply for, and the FCC
does not accept applications from subscribers for, individual mobile or
fixed station authorizations in the Public Mobile Services, except as
follows:
(1) Individual authorizations are required to operate general
aviation airborne mobile stations in the Air-Ground Radiotelephone
Service. See Sec. 22.821.
(2) Individual authorizations are required to operate rural
subscriber stations in the Rural Radiotelephone Service, except as
provided in Sec. 22.703.
Sec. 22.5 Citizenship.
The rules in this section implement section 310 of the
Communications Act of 1934, as amended (47 U.S.C. Sec. 310), in regard
to the citizenship of licensees in the Public Mobile Services.
[[Page 109]]
(a) Foreign governments. The FCC will not grant an authorization in
the Public Mobile Services to any foreign government or any
representative thereof.
(b) Alien ownership or control. The FCC will not grant an
authorization in the Public Mobile Services to:
(1) Any alien or the representative of any alien;
(2) Any corporation organized under the laws of any foreign
government;
(3) Any corporation of which more than one-fifth of the capital
stock is owned of record or voted by aliens or their representatives or
by a foreign government or representative thereof, or by any corporation
organized under the laws of a foreign country;
(4) Any corporation directly or indirectly controlled by any other
corporation of which more than one-fourth of the capital stock is owned
of record or voted by aliens, their representatives, or by a foreign
government or representative thereof, or by any corporation organized
under the laws of a foreign country, if the FCC finds that the public
interest will be served by the refusal or revocation of such license.
[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 55580, Oct. 28, 1996]
Sec. 22.7 General eligibility.
Except as otherwise provided in this part, existing and proposed
common carriers are eligible to hold authorizations in the Public Mobile
Services. Applications are granted only if the applicant is legally,
financially, technically and otherwise qualified to render the proposed
service.
Sec. 22.99 Definitions.
Terms used in this part have the following meanings:
Air-Ground Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide radio telecommunications
service for hire to subscribers in aircraft.
Airborne station. A mobile station in the Air-Ground Radiotelephone
Service authorized for use on aircraft while in flight or on the ground.
Antenna structure. A structure comprising an antenna, the tower or
other structure that exists solely to support antennas, and any
surmounting appurtenances (attachments such as beacons or lightning
rods).
Antenna. A device that converts radio frequency electrical energy to
radiated electromagnetic energy and vice versa; in a transmitting
station, the device from which radio waves are emitted.
Authorized bandwidth. The necessary or occupied bandwidth of an
emission, whichever is more.
Authorized spectrum. The spectral width of that portion of the
electromagnetic spectrum within which the emission power of the
authorized transmitter(s) must be contained, in accordance with the
rules in this part. The authorized spectrum comprises one channel
bandwidth or the bandwidths of two or more contiguous channels.
Auxiliary test transmitter. A fixed transmitter used to test Public
Mobile systems.
Base transmitter. A stationary transmitter that provides radio
telecommunications service to mobile and/or fixed receivers, including
those associated with mobile stations.
Blanketing interference. Disturbance in consumer receivers located
in the immediate vicinity of a transmitter, caused by currents directly
induced into the consumer receiver's circuitry by the relatively high
field strength of the transmitter.
Build-out transmitters. In the Cellular Radiotelephone Service,
transmitters added to the first cellular system authorized on a channel
block in a cellular market during the five year build-out period in
order to expand the coverage of the system within the market.
Cardinal radials. Eight imaginary straight lines extending radially
on the ground from an antenna location in the following azimuths with
respect to true North: 0[deg], 45[deg], 90[deg], 135[deg], 180[deg],
225[deg], 270[deg], 315[deg].
Carrier frequency. The frequency of the unmodulated electrical wave
at the output of an amplitude modulated (AM), frequency modulated (FM)
or phase modulated (PM) transmitter.
Cell. The service area of an individual transmitter location in a
cellular system.
Cellular Geographic Service Area. The geographic area served by a
cellular system, within which that system is
[[Page 110]]
entitled to protection and adverse effects are recognized, for the
purpose of determining whether a petitioner has standing. See Sec.
22.911.
Cellular markets. Standard geographic areas used by the FCC for
administrative convenience in the licensing of cellular systems. See
Sec. 22.909.
Cellular Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide cellular service for hire
to the general public. This service was formerly titled Domestic Public
Cellular Radio Telecommunications Service.
Cellular repeater. In the Cellular Radiotelephone Service, a
stationary transmitter or device that automatically re-radiates the
transmissions of base transmitters at a particular cell site and mobile
stations communicating with those base transmitters, with or without
channel translation.
Cellular service. Radio telecommunication services provided using a
cellular system.
Cellular system. An automated high-capacity system of one or more
multichannel base stations designed to provide radio telecommunication
services to mobile stations over a wide area in a spectrally efficient
manner. Cellular systems employ techniques such as low transmitting
power and automatic hand-off between base stations of communications in
progress to enable channels to be reused at relatively short distances.
Cellular systems may also employ digital techniques such as voice
encoding and decoding, data compression, error correction, and time or
code division multiple access in order to increase system capacity.
Center frequency. The frequency of the middle of the bandwidth of a
channel.
Central office transmitter. A fixed transmitter in the Rural
Radiotelephone Service that provides service to rural subscriber
stations.
CGSA. See Cellular Geographic Service Area.
Channel. The portion of the electromagnetic spectrum assigned by the
FCC for one emission. In certain circumstances, however, more than one
emission may be transmitted on a channel. See, for example, Sec.
22.161.
Channel bandwidth. The spectral width of a channel, as specified in
this part, within which 99% of the emission power must be contained.
Channel block. A group of channels that are assigned together, not
individually.
Channel pair. Two channels that are assigned together, not
individually. In this part, channel pairs are indicated by an ellipsis
between the center frequencies.
Communications channel. In the Cellular Radiotelephone and Air-
ground Radiotelephone Services, a channel used to carry subscriber
communications.
Construction period. The period between the date of grant of an
authorization and the date of required commencement of service.
Control channel. In the Cellular Radiotelephone Service and the Air-
ground Radiotelephone Service, a channel used to transmit information
necessary to establish or maintain communications. In the other Public
Mobile Services, a channel that may be assigned to a control
transmitter.
Control point. A location where the operation of a public mobile
station is supervised and controlled by the licensee of that station.
Control transmitter. A fixed transmitter in the Public Mobile
Services that transmits control signals to one or more base or fixed
stations for the purpose of controlling the operation of the base or
fixed stations, and/or transmits subscriber communications to one or
more base or fixed stations that retransmit them to subscribers.
Dead spots. Small areas within a service area where the field
strength is lower than the minimum level for reliable service. Service
within dead spots is presumed.
Dispatch service. A radiotelephone service comprising communications
between a dispatcher and one or more mobile units. These communications
normally do not exceed one minute in duration and are transmitted
directly through a base station, without passing through mobile
telephone switching facilities.
Effective radiated power (ERP). The effective radiated power of a
transmitter (with antenna, transmission line,
[[Page 111]]
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.
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
[[Page 112]]
of interconnecting rural central offices.
Meteor burst propagation mode. A long distance VHF radio
communication path occurring as a result of the refraction of
electromagnetic waves by ionized meteor trails.
Mobile station. One or more transmitters that are capable of
operation while in motion.
Necessary bandwidth. The calculated spectral width of an emission.
Calculations are made using procedures set forth in part 2 of this
chapter. The bandwidth so calculated is considered to be the minimum
necessary to convey information at the desired rate with the desired
accuracy.
Occupied bandwidth. The measured spectral width of an emission. The
measurement determines occupied bandwidth as the difference between
upper and lower frequencies where 0.5% of the emission power is above
the upper frequency and 0.5% of the emission power is below the lower
frequency.
Offshore central transmitter. A fixed transmitter in the Offshore
Radiotelephone Service that provides service to offshore subscriber
stations.
Offshore Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide radio telecommunication
services for hire to subscribers on structures in the offshore coastal
waters of the Gulf of Mexico.
Offshore subscriber station. One or more fixed and/or mobile
transmitters in the Offshore Radiotelephone Service that receive service
from offshore central transmitters.
Pager. A small radio receiver designed to be carried by a person and
to give an aural, visual or tactile indication when activated by the
reception of a radio signal containing its specific code. It may also
reproduce sounds and/or display messages that were also transmitted.
Some pagers also transmit a radio signal acknowledging that a message
has been received.
Paging geographic area authorization. An authorization conveying the
exclusive right to establish and expand one or more stations throughout
a paging geographic area or, in the case of a partitioned geographic
area, throughout a specified portion of a paging geographic area, on a
specified channel allocated for assignment in the Paging and
Radiotelephone Service. These are subject to the conditions that no
interference may be caused to existing co-channel stations operated by
other licensees within the paging geographic area and that no
interference may be caused to existing or proposed co-channel stations
of other licensees in adjoining paging geographic areas.
Paging geographic areas. Standard geographic areas used by the FCC
for administrative convenience in the licensing of stations to operate
on channels allocated for assignment in the Paging and Radiotelephone
Service. See Sec. 22.503(b).
Paging and Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide paging and radiotelephone
service for hire to the general public. This service was formerly titled
Public Land Mobile Service.
Paging service. Transmission of coded radio signals for the purpose
of activating specific pagers; such transmissions may include messages
and/or sounds.
Partitioned cellular market. A cellular market with two or more
authorized cellular systems on the same channel block during the five
year build-out period, as a result of settlements during initial
licensing or contract(s) between the licensee of the first cellular
system and the licensee(s) of the subsequent systems. See Sec.
22.947(b).
Public Mobile Services. Radio services in which common carriers are
authorized to offer and provide mobile and related fixed radio
telecommunication services for hire to the public.
Radio common carrier. A telecommunications common carrier that
provides radio communications services but is not engaged in the
business of providing landline local exchange telephone service.
Radio telecommunication services. Communication services provided by
the use of radio, including radiotelephone, radiotelegraph, paging and
facsimile service.
Radiotelegraph service. Transmission of messages from one place to
another by means of radio.
[[Page 113]]
Radiotelephone service. Transmission of sound from one place to
another by means of radio.
Repeater. A fixed transmitter that retransmits the signals of other
stations.
Roamer. A mobile station receiving service from a station or system
in the Public Mobile Services other than one to which it is a
subscriber.
Rural Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide radio telecommunication
services for hire to subscribers in areas where it is not feasible to
provide communication services by wire or other means.
Rural subscriber station. One or more fixed transmitters in the
Rural Radiotelephone Service that receive service from central office
transmitters.
Service area. The geographic area considered by the FCC to be
reliably served by a station in the Public Mobile Services.
Service contour. The locus of points surrounding a transmitter where
the predicted median field strength of the signal from that transmitter
is the minimum field strength that is considered sufficient to provide
reliable service to mobile stations.
Service to subscribers. Service to at least one subscriber that is
not affiliated with, controlled by or related to the providing carrier.
Signal booster. A stationary device that automatically reradiates
signals from base transmitters without channel translation, for the
purpose of improving the reliability of existing service by increasing
the signal strength in dead spots.
Station. A station equipped to engage in radio communication or
radio transmission of energy (47 U.S.C. 153(k)).
Telecommunications common carrier. An individual, partnership,
association, joint-stock company, trust or corporation engaged in
rendering radio telecommunications services to the general public for
hire.
Temporary fixed station. One or more fixed transmitters that
normally do not remain at any particular location for longer than 6
months.
Universal licensing system. The Universal Licensing System (ULS) is
the consolidated database, application filing system, and processing
system for all Wireless Radio Services. ULS supports electronic filing
of all applications and related documents by applicants and licensees in
the Wireless Radio Services, and provides public access to licensing
information.
Unserved areas. With regard to a channel block allocated for
assignment in the Cellular Radiotelephone Service: Geographic area in
the District of Columbia, or any State, Territory or possession of the
United States of America that is not within the CGSA of any cellular
system authorized to transmit on that channel block. With regard to a
channel allocated for assignment in the Paging and Radiotelephone
Service: Geographic area within the District of Columbia, or any State,
Territory or possession of the United States of America that is not
within the service contour of any base transmitter in any station
authorized to transmit on that channel.
Wireline common carrier. A telecommunications common carrier that is
also engaged in the business of providing landline local exchange
telephone service.
[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31050, June 19, 1996;
61 FR 54098, Oct. 17, 1996; 62 FR 11628, Mar. 12, 1997; 63 FR 36603,
July 7, 1998; 63 FR 68943, Dec. 14, 1998; 67 FR 9609, Mar. 4, 2002]
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;
[[Page 114]]
(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 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.
[[Page 115]]
(iii) If all of the mutually exclusive applications filed on the
earliest filing date are applications for initial authorization, a 30-
day notice and cut-off filing group is used, except that, for Phase I
unserved area applications in the Cellular Radiotelephone Service, a
one-day window filing group is used (see Sec. 22.949).
(4) Disposition. If there is only one application in any type of
filing group, the Commission may grant that application and dismiss
without prejudice any mutually exclusive applications not in the filing
group. If there is more than one mutually exclusive application in a
filing group, the Commission disposes of these applications as follows:
(i) Applications in a renewal filing group. All mutually exclusive
applications in a renewal filing group are designated for comparative
consideration in a hearing.
(ii) Applications in a 30-day notice and cut-off filing group.
(A) If all of the mutually exclusive applications in a 30-day notice
and cut-off filing group are applications for initial authorization, the
FCC administers competitive bidding procedures in accordance with Sec.
22.201 through Sec. 22.227 and subpart Q of part 1 of this chapter, as
applicable. After such procedures, the application of the successful
bidder may be granted and the other applications may be dismissed
without prejudice.
(B) If any of the mutually exclusive applications in a 30-day notice
and cut-off filing group is an application for modification, the
Commission may attempt to resolve the mutual exclusivity by facilitating
a settlement between the applicants. If a settlement is not reached
within a reasonable time, the FCC may designate all applications in the
filing group for comparative consideration in a hearing. In this event,
the result of the hearing disposes all of the applications in the filing
group.
(iii) Applications in a same-day filing group. If there are two or
more mutually exclusive applications in a same-day filing group, the
Commission may attempt to resolve the mutual exclusivity by facilitating
a settlement between the applicants. If a settlement is not reached
within a reasonable time, the Commission may designate all applications
in the filing group for comparative consideration in a hearing. In this
event, the result of the hearing disposes of all of the applications in
the filing group.
(iv) Applications in a window filing group. Applications in a window
filing group are processed in accordance with the procedures for a 30-
day notice and cut-off filing group in paragraph (c)(4)(ii) of this
section.
(d) Terminology. For the purposes of this section, terms have the
following meanings:
(1) The filing date of an application is the date on which that
application was received in a condition acceptable for filing or the
date on which the most recently filed major amendment to that
application was received, whichever is later, excluding major amendments
in the following circumstances:
(i) The major amendment reflects only a change in ownership or
control found by the Commission to be in the public interest;
(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.
[[Page 116]]
(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 clearance and
obstruction marking and lighting specifications (FCC Form 854) with the
FCC, PRB, Support Services Branch, Gettysburg, PA 17325;
(5) The applicant has indicated in the application that the proposed
facility would not have a significant environmental effect, in
accordance with 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.
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).
[[Page 117]]
(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]
Sec. 22.157 Distance computation.
The method given in this section must be used to compute the
distance between any two locations, except that, for computation of
distance involving stations in Canada and Mexico, methods for distance
computation specified in the applicable international agreement, if any,
must be used instead. The method set forth in this paragraph is
considered to be sufficiently accurate for distances not exceeding 475
km (295 miles).
(a) Convert the latitudes and longitudes of each reference point
from degree-minute-second format to degree-decimal format by dividing
minutes by 60 and seconds by 3600, then adding the results to degrees.
[GRAPHIC] [TIFF OMITTED] TR17NO94.000
(b) Calculate the mean geodetic latitude between the two reference
points by averaging the two latitudes:
[GRAPHIC] [TIFF OMITTED] TR17NO94.001
(c) Calculate the number of kilometers per degree latitude
difference for the mean geodetic latitude calculated in paragraph (b) of
this section as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO94.002
[[Page 118]]
(d) Calculate the number of kilometers per degree of longitude
difference for the mean geodetic latitude calculated in paragraph (b) of
this section as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO94.003
(e) Calculate the North-South distance in kilometers as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO94.004
(f) Calculate the East-West distance in kilometers as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO94.005
(g) Calculate the distance between the locations by taking the
square root of the sum of the squares of the East-West and North-South
distances:
[GRAPHIC] [TIFF OMITTED] TR17NO94.006
(h) Terms used in this section are defined as follows:
(1) LAT1dd and LON1dd are the coordinates of
the first location in degree-decimal format.
(2) LAT2dd and LON2dd are the coordinates of
the second location in degree-decimal format.
(3) ML is the mean geodetic latitude in degree-decimal format.
(4) KPDlat is the number of kilometers per degree of
latitude at a given mean geodetic latitude.
(5) KPDlon is the number of kilometers per degree of
longitude at a given mean geodetic latitude.
(6) NS is the North-South distance in kilometers.
(7) DIST is the distance between the two locations, in kilometers.
Sec. 22.159 Computation of average terrain elevation.
Average terrain elevation must be calculated by computer using
elevations from a 30 second point or better topographic data file. The
file must be identified. If a 30 second point data file is used, the
elevation data must be processed for intermediate points using
interpolation techniques; otherwise, the nearest point may be used. In
cases of dispute, average terrain elevation determinations can also be
done manually, if the results differ significantly from the computer
derived averages.
(a) Radial average terrain elevation is calculated as the average of
the elevation along a straight line path from 3 to 16 kilometers (2 and
10 miles) extending radially from the antenna site. If a portion of the
radial path extends over foreign territory or water, such portion must
not be included in the computation of average elevation unless the
radial path again passes over United States land between 16 and 134
kilometers (10 and 83 miles) away from the station. At least 50 evenly
spaced data points for each radial should be used in the computation.
(b) Average terrain elevation is the average of the eight radial
average terrain elevations (for the eight cardinal radials).
(c) For locations in Dade and Broward Counties, Florida, the method
prescribed above may be used or average terrain elevation may be assumed
to be 3 meters (10 feet).
Sec. 22.161 Application requirements for ASSB.
Applications for base stations employing amplitude compandored
single sideband modulation (ASSB) must contain the following
information:
(a) The application must describe fully the modulation
characteristics, emission and occupied bandwidth, and specify the center
frequency of the emission for each channel, carrier frequency, and pilot
channels, if any. The emission must fall completely within a channel
assignable for two-way operation in the Paging and Radiotelephone
Service, Rural Radiotelephone Service or Offshore Radiotelephone
Service.
(b) The application must contain interference studies between
stations within an authorized bandwidth, whether FM-to-ASSB, ASSB-to-FM,
or ASSB-to-ASSB in accordance with the following: For ASSB stations, the
transmitter nearest to the protected station must be used. The effective
radiated power in the direction of the protected station must be the sum
of the peak effective radiated power of all
[[Page 119]]
transmitters in the group, in the direction of the protected station.
The antenna center of radiation height above average terrain must be the
highest antenna center of radiation height of any transmitter in the
group in the direction of the protected station. The channel of the
group is assumed to be the same as that of the protected station (co-
channel), and studies must be made in accordance with Sec. 22.567.
Sec. 22.165 Additional transmitters for existing systems.
A licensee may operate additional transmitters at additional
locations on the same channel or channel block as 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
[[Page 120]]
composite service area contour and predicted interfering contour,
respectively, of the existing station on the same channel. This section
does not apply to Basic Exchange Telecommunications Radio Systems.
(h) Offshore Radiotelephone Service. This section does not apply to
stations in the Offshore Radiotelephone Service.
(i) Provision of information upon request. Upon request by the FCC,
licensees must supply administrative or technical information concerning
the additional transmitters. At the time transmitters are added pursuant
to this section, licensees must make a record of the pertinent technical
and administrative information so that 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
[[Page 121]]
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.
(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]
[[Page 122]]
Subpart C_Operational and Technical Requirements
Operational Requirements
Sec. 22.301 Station inspection.
Upon reasonable request, the licensee of any station authorized in
the Public Mobile Services must make the station and station records
available for inspection by authorized representatives of the Commission
at any reasonable hour.
[59 FR 59955, Nov. 21, 1994]
Sec. 22.303 Retention of station authorizations; identifying transmitters.
The current authorization for each station, together with current
administrative and technical information concerning modifications to
facilities pursuant to Sec. 22.163 and added facilities pursuant to
Sec. 22.165 must be retained as a permanent part of the station
records. A clearly legible photocopy of the authorization must be
available at each regularly attended control point of the station, or in
lieu of this photocopy, licensees may instead make available at each
regularly attended control point the address or location where the
licensee's current authorization and other records may be found. The
station call sign must be clearly and legibly marked on or near every
transmitting facility, other than mobile transmitters, of the station.
Sec. 22.305 Operator and maintenance requirements.
FCC operator permits and licenses are not required to operate,
repair or maintain equipment authorized in the Public Mobile Services.
Station licensees are responsible for the proper operation and
maintenance of their stations, and for compliance with FCC rules.
Sec. 22.307 Operation during emergency.
Licensees of stations in the Public Mobile services may, during a
period of emergency in which normal communications facilities are
disrupted as a result of hurricane, flood, earthquake or other natural
disaster, civil unrest, widespread vandalism, national emergencies or
emergencies declared by Executive Order of the President, use their
stations to temporarily provide emergency communications services in a
manner or configuration not normally allowed by this part, provided that
such operations comply with the provisions of this section.
(a) Technical limitations. Public Mobile stations providing
temporary emergency communications service must not transmit:
(1) On channels other than those authorized for normal operations.
(2) With power in excess of that authorized for normal operations;
(3) Emission types other than those authorized for normal
operations.
(b) Discontinuance. Temporary emergency use of Public Mobile
stations must be discontinued as soon as normal communication facilities
are restored. The FCC may, at any time, order the discontinuance of any
such emergency communication services.
Sec. 22.313 Station identification.
The licensee of each station in the Public Mobile Services must
ensure that the transmissions of that station are identified in
accordance with the requirements of this section.
(a) Station identification is not required for transmission by:
(1) Stations in the Cellular Radiotelephone Service;
(2) General aviation ground stations in the Air-ground
Radiotelephone Service;
(3) Rural subscriber stations using meteor burst propagation mode
communications in the Rural Radiotelephone Service;
(4) Stations using Basic Exchange Telephone Radio Systems in the
Rural Radiotelephone Service;
(5) Nationwide network paging stations operating on 931 MHz
channels; or,
(6) Stations operating pursuant to paging geographic area
authorizations.
(b) For all other stations in the Public Mobile Services, station
identification must be transmitted each hour within five minutes of the
hour, or upon completion of the first transmission after the hour.
Transmission of station identification may be temporarily delayed to
avoid interrupting
[[Page 123]]
the continuity of any public communication in progress, provided that
station identification is transmitted at the conclusion of that public
communication.
(c) Station identification must be transmitted by telephony using
the English language or by telegraphy using the international Morse
code, and in a form that can be received using equipment appropriate for
the modulation type employed, and understood without the use of
unscrambling devices, except that, alternatively, station identification
may be transmitted digitally, provided that the licensee provides the
Commission with information sufficient to decode the digital
transmission to ascertain the call sign. Station identification
comprises transmission of the call sign assigned by the Commission to
the station, however, the following may be used in lieu of the call
sign.
(1) For transmission from subscriber operated transmitters, the
telephone number or other designation assigned by the carrier, provided
that a written record of such designations is maintained by the carrier;
(2) For general aviation airborne mobile stations in the Air-Ground
Radiotelephone Service, the official FAA registration number of the
aircraft;
(3) For stations in the Paging and Radiotelephone Service, a call
sign assigned to another station within the same system.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59955, Nov. 21, 1994;
62 FR 11633, Mar. 12, 1997]
Sec. 22.317 Discontinuance of station operation.
If the operation of a Public Mobile Services station is permanently
discontinued, the licensee shall send authorization for cancellation by
electronic filing via the ULS on FCC Form 601. For purposes of this
section, any station that has not provided service to subscribers for 90
continuous days is considered to have been permanently discontinued,
unless the applicant notified the FCC otherwise prior to the end of the
90 day period and provided a date on which operation will resume, which
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
[[Page 124]]
and actions as set forth in this paragraph, to the extent that they are
appropriate in consideration of licensee size, location and other
factors.
(i) To assure nondiscrimination in recruiting. (A) Posting notices
in the licensee's offices informing applicants for employment of their
equal employment rights and their right to notify the Equal Employment
Opportunity Commission (EEOC), the Federal Communications Commission
(FCC), or other appropriate agency. Where a substantial number of
applicants are Spanish-surnamed Americans, such notice should be posted
in both Spanish and English.
(B) Placing a notice in bold type on the employment application
informing prospective employees that discrimination because of sex,
race, color, religion or national origin is prohibited, and that they
may notify the EEOC, the FCC or other appropriate agency if they believe
they have been discriminated against.
(C) Placing employment advertisements in media which have
significant circulation among minority groups in the recruiting area.
(D) Recruiting through schools and colleges with significant
minority group enrollments.
(E) Maintaining systematic contacts with minority and human
relations organizations, leaders and spokespersons to encourage referral
of qualified minority or female applicants.
(F) Encouraging present employees to refer minority or female
applicants.
(G) Making known to the appropriate recruitment sources in the
employer's immediate area that qualified minority members are being
sought for consideration whenever the licensee hires.
(ii) To assure nondiscrimination in selection and hiring. (A)
Instructing employees of the licensee who make hiring decisions that all
applicants for all jobs are to be considered without discrimination.
(B) Where union agreements exist, cooperating with the union or
unions in the development of programs to assure qualified minority
persons or females of equal opportunity for employment, and including an
effective nondiscrimination clause in new or renegotiated union
agreements.
(C) Avoiding use of selection techniques or tests that have the
effect of discriminating against minority groups or females.
(iii) To assure nondiscriminatory placement and promotion. (A)
Instructing employees of the licensee who make decisions on placement
and promotion that minority employees and females are to be considered
without discrimination, and that job areas in which there is little or
no minority or female representation should be reviewed to determine
whether this results from discrimination.
(B) Giving minority groups and female employees equal opportunity
for positions which lead to higher positions. Inquiring as to the
interest and skills of all lower-paid employees with respect to any of
the higher-paid positions, followed by assistance, counseling, and
effective measures to enable employees with interest and potential to
qualify themselves for such positions.
(C) Reviewing seniority practices to insure that such practices are
nondiscriminatory and do not have a discriminatory effect.
(D) Avoiding use of selection techniques or tests that have the
effect of discriminating against minority groups or females.
(iv) To assure nondiscrimination in other areas of employment
practices. (A) Examining rates of pay and fringe benefits for present
employees with equivalent duties and adjusting any inequities found.
(B) Providing opportunity to perform overtime work on a basis that
does not 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,
[[Page 125]]
demotion, layoff and termination. Any licensee having 16 or more full-
time employees that changes its existing equal employment opportunity
program shall file with the FCC, no later than May 31st thereafter, a
revised statement reflecting the change(s).
Note to paragraph (b) of Sec. 22.321: Licensees having 16 or more
full-time employees that were granted their first Public Mobile Services
authorization prior to January 1, 1995, and do not have a current EEO
statement on file with the FCC, must file such statement, required by
paragraph (b) of this section, no later than May 31, 1995.
(c) Report of complaints filed against licensees. Each licensee,
regardless of how many employees it has, shall submit an annual report
to the FCC no later than May 31st of each year indicating whether any
complaints regarding violations by the licensee or equal employment
provisions of Federal, State, Territorial, or local law have been filed
before anybody having competent jurisdiction.
(1) The report should state the parties involved, the date filing,
the courts or agencies before which the matters have been heard, the
appropriate file number (if any), and the respective disposition or
current status of any such complaints.
(2) Any licensee who has filed such information with the EEOC may
file a notification of such filing with the FCC in lieu of a report.
(d) Complaints of violations of Equal Employment Programs.
Complaints alleging employment discrimination against a common carrier
licensee are considered by the FCC in the following manner:
(1) If a complaint raising an issue of discrimination is received
against a licensee who is within the jurisdiction of the EEOC, it is
submitted to that agency. The FCC maintains a liaison with that agency
that keeps the FCC informed of the disposition of complaints filed
against common carrier licensees.
(2) Complaints alleging employment discrimination against a common
carrier licensee who does not fall under the jurisdiction of the EEOC
but is covered by appropriate enforceable State law, to which penalties
apply, may be submitted by the FCC to the respective State agency.
(3) Complaints alleging employment discrimination against a common
carrier licensee who does not fall under the jurisdiction of the EEOC or
an appropriate State law, are accorded appropriate treatment by the FCC.
(4) The FCC will consult with the EEOC on all matters relating to
the evaluation and determination of compliance by the common carrier
licensees with the principles of equal employment as set forth herein.
(5) Complaints indicating a general pattern of disregard of equal
employment practices which are received against a licensee that is
required to file an employment report to the FCC under Sec. 1.815(a) of
this chapter are investigated by the FCC.
(e) FCC records. A copy of every annual employment report, equal
employment opportunity program statement, reports on complaints
regarding violation of equal employment provisions of Federal, State,
Territorial, or local law, and copies of all exhibits, letters, and
other documents filed as part thereof, all amendments thereto, all
correspondence between the licensee and the FCC pertaining to the
reports after they have been filed and all documents incorporated
therein by reference, are open for public inspection at the offices of
the FCC.
(f) Licensee records. Each licensee required to file annual
employment reports (pursuant to Sec. 1.815(a) of this chapter), equal
employment opportunity program statements, and annual reports on
complaints regarding violations of equal employment provisions 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
[[Page 126]]
section does not require that the person on duty be at the control point
or continuously monitor all transmissions of the station. However, the
control point must have facilities that enable the person on duty to
turn off the transmitters in the event of a malfunction.
Technical Requirements
Sec. 22.351 Channel assignment policy.
The channels allocated for use in the Public Mobile Services are
listed in the applicable subparts of this part. Channels and channel
blocks are assigned in such a manner as to facilitate the rendition of
service on an interference-free basis in each service area. Except as
otherwise provided in this part, each channel or channel block is
assigned exclusively to one common carrier in each service area. All
applicants for, and licensees of, stations in the Public Mobile Services
shall cooperate in the selection and use of channels in order to
minimize interference and obtain the most efficient use of the allocated
spectrum.
Sec. 22.352 Protection from interference.
Public Mobile Service stations operating in accordance with FCC
rules that provide technical channel assignment criteria for the radio
service and channels involved, all other applicable FCC rules, and the
terms and conditions of their authorizations are normally considered to
be non-interfering. If the FCC determines, however, that interference
that significantly interrupts or degrades a radio service is being
caused, it may, in accordance with the provisions of sections 303(f) and
316 of the Communications Act of 1934, as amended, (47 U.S.C. 303(f),
316), require modifications to any Public Mobile station as necessary to
eliminate such interference.
(a) Failure to operate as authorized. Any licensee causing
interference to the service of other stations by failing to operate its
station in full accordance with its authorization and applicable FCC
rules shall discontinue all transmissions, except those necessary for
the immediate safety of life or property, until it can bring its station
into full compliance with the authorization and rules.
(b) Intermodulation interference. Licensees should attempt to
resolve such interference by technical means.
(c) Situations in which no protection is afforded. Except as
provided elsewhere in this part, no protection from interference is
afforded in the following situations:
(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]
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
[[Page 127]]
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[mu]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.
(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
any emission type provided that the resulting emission complies with the
appropriate emission mask. See Sec. Sec. 22.359, 22.861 and 22.917.
[61 FR 54099, Oct. 17, 1996]
Sec. 22.359 Emission masks.
Unless otherwise indicated in the rules governing a specific radio
service, all transmitters intended for use in the Public Mobile Services
must be designed to comply with the emission masks outlined in this
section. If an emission outside of the authorized bandwidth causes
harmful interference, the FCC may, at its discretion, require greater
attenuation than specified in this section.
(a) Analog modulation. For transmitters other than those employing
digital modulation techniques, the mean or peak envelope power of
adjacent channel emissions must be attenuated below the output mean or
peak envelope power of the total emission (P, in Watts) in accordance
with the following schedule:
(1) On any frequency removed from the center frequency of the
assigned channel by more than 50 percent up to and including 100 percent
of the authorized bandwidth:
at least 25 dB:
[[Page 128]]
(2) On any frequency removed from the center frequency of the
assigned channel by more than 100 percent up to and including 250
percent of the authorized bandwidth:
at least 35 dB:
(3) On any frequency removed from the center frequency of the
assigned channel by more than 250 percent of the authorized bandwidth:
at least 43 + 10 log P dB, or 80 dB, whichever is the lesser
attenuation.
(b) Digital modulation. For transmitters not equipped with an audio
low pass filter and for transmitters employing digital modulation
techniques, the mean or peak envelope power of sideband emissions must
be attenuated below the mean or peak envelope power of the total
emission (P, in Watts) in accordance with the following schedule:
(1) For transmitters that operate in the frequency ranges 35 to 44
MHz, 72 to 73 MHz, 75.4 to 76.0 MHz and 152 to 159 MHz,
(i) On any frequency removed from the center frequency of the
assigned channel by a displacement frequency fd (in kHz) of
more than 5 kHz but not more than 10 kHz:
at least 83 log (fd/5) dB;
(ii) On any frequency removed from the center frequency of the
assigned channel by a displacement frequency fd (in kHz) of
more than 10 kHz but not more than 250 percent of the authorized
bandwidth:
at least 29 log fd2/11) dB or 50 dB, whichever is the lesser
attenuation;
(iii) On any frequency removed from the center frequency of the
assigned channel by more than 250 percent of the authorized bandwidth:
at least 43 + 10 log P dB, or 80 dB, whichever is the lesser
attenuation.
(2) For transmitters that operate in the frequency ranges 450 to 512
MHz and 929 to 932 MHz,
(i) On any frequency removed from the center frequency of the
assigned channel by a displacement frequency fd (in kHz) of
more than 5 kHz but not more than 10 kHz:
at least 83 log (fd/5) dB;
(ii) On any frequency removed from the center frequency of the
assigned channel by a displacement frequency fd (in kHz) of
more than 10 kHz but not more than 250 percent of the authorized
bandwidth:
at least 116 log (fd/6.1) dB, or 50 + 10 log P dB, or 70 dB,
whichever is the lesser attenuation;
(iii) On any frequency removed from the center frequency of the
assigned channel by more than 250 percent of the authorized bandwidth:
at least 43 + 10 log P dB, or 80 dB, whichever is the lesser
attenuation.
(c) Measurement procedure. Either peak or average power may be used,
provided that the same technique is used for both the adjacent channel
or sideband emissions and the total emission. The resolution bandwidth
of the measuring instrument must be set to 300 Hz for measurements on
any frequency removed from the center frequency of the assigned channel
by no more than 250 percent of the authorized bandwidth and 30 kHz for
measurements on any frequency removed from the center frequency of the
assigned channel by more than 250 percent of the authorized bandwidth.
Sec. 22.361 Standby facilities.
Licensees of stations in the Public Mobile Services may install
standby transmitters for the purpose of continuing service in the event
of failure or during required maintenance of regular transmitters
without obtaining separate authorization, provided that operation of the
standby transmitters would not increase the service areas or
interference potential of the stations, and that such standby
transmitters use the same antenna as the regular transmitters they
temporarily replace.
Table C-2--Technical Requirements for Directional Antennas
------------------------------------------------------------------------
Maximum
Frequency range beamwidth Suppression
------------------------------------------------------------------------
35 to 512 MHz 80[deg] 10 dB
----------------------------------------------
512 to 1500 MHz 20[deg] 13 dB
----------------------------------------------
1500 to 2500 MHz 12[deg] 13 dB
------------------------------------------------------------------------
[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995]
[[Page 129]]
Sec. 22.363 Directional antennas.
Fixed transmitters for point-to-point operation must use a
directional transmitting antenna with the major lobe of radiation in the
horizontal plane directed toward the receiving antenna or passive
reflector of the station for which the transmissions are intended.
Directional antennas used in the Public Mobile Services must meet the
technical requirements given in Table C-2 to Sec. 22.361.
(a) Maximum beamwidth is for the major lobe at the half power
points.
(b) Suppression is the minimum attenuation for any secondary lobe
referenced to the main lobe.
(c) An omnidirectional antenna may be used for fixed transmitters
where there are two or more receive locations at different azimuths.
Sec. 22.365 Antenna structures; air navigation safety.
Licensees that own their antenna structures must not allow these
antenna structures to become a hazard to air navigation. In general,
antenna structure owners are responsible for registering antenna
structures with the FCC if required by part 17 of this chapter, and for
installing and maintaining any required marking and lighting. However,
in the event of default of this responsibility by an antenna structure
owner, each FCC permittee or licensee authorized to use an affected
antenna structure will be held responsible by the FCC for ensuring that
the antenna structure continues to meet the requirements of part 17 of
this chapter. See Sec. 17.6 of this chapter.
(a) Marking and lighting. Antenna structures must be marked, lighted
and maintained in accordance with Part 17 of this chapter and all
applicable rules and requirements of the Federal Aviation
Administration.
(b) Maintenance contracts. Antenna structure owners (or licensees
and permittees, in the event of default by an antenna structure owner)
may enter into contracts with other entities to monitor and carry out
necessary maintenance of antenna structures. Antenna structure owners
(or licensees and permittees, in the event of default by an antenna
structure owner) that make such contractual arrangements continue to be
responsible for the maintenance of antenna structures in regard to air
navigation safety.
[61 FR 4365, Feb. 6, 1996]
Sec. 22.367 Wave polarization.
Public mobile station antennas must be of the correct type and
properly installed such that the electromagnetic emissions have the
polarization required by this section.
(a) Vertical. Waves radiated by the following must be vertically
polarized:
(1) Base, mobile, dispatch, and auxiliary test transmitters in the
Paging and Radiotelephone Service;
(2) Transmitters in the Offshore Radiotelephone Service;
(3) Transmitters on channels in the 72-76 MHz frequency range;
(4) [Reserved]
(5) Control and repeater transmitters on channels in the 900-960 MHz
frequency range;
(6) Rural subscriber stations communicating with base transmitters
in the Paging and Radiotelephone Service pursuant to Sec. 22.563.
(7) Ground and airborne mobile transmitters in the Air-ground
Radiotelephone Service.
(b) Horizontal. Waves radiated by transmitters in the Public Mobile
Services, other than transmitters required by paragraph (a) of this
section to radiate a vertically polarized wave must be horizontally
polarized, except as otherwise provided in paragraphs (c) and (d) of
this section.
(c) Circular. If communications efficiency would be improved and/or
interference reduced, the FCC may authorize transmitters other than
those listed in paragraphs (a)(1) through (a)(7) of this section to
radiate a circularly polarized wave.
(d) Any polarization. Base, mobile and auxiliary test transmitters
in the Cellular Radiotelephone Service are not limited as to wave
polarization. Public Mobile Service stations transmitting on channels
higher than 960 MHz are not limited as to wave polarization.
[59 FR 59507, Nov. 17, 1994, as amended at 67 FR 77191, Dec. 17, 2002]
[[Page 130]]
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. 22.373 Access to transmitters.
Unless otherwise provided in this part, the design and installation
of transmitters in the Public Mobile Services must meet the requirements
of this section.
(a) Transmitters and control points, other than those used with in-
building radiation systems, must be installed such that they are readily
accessible only to persons authorized by the licensee to operate or
service them.
(b) Transmitters must be designed and installed such that any
adjustments or controls that could cause the transmitter to deviate from
its authorized operating parameters are readily accessible only to
persons authorized by the licensee to make such adjustments.
(c) Transmitters (other than hand-carried or pack-carried mobile
transmitters) and control points must be equipped with a means of
indicating when the control circuitry has been put in a condition that
should cause the transmitter to radiate.
(d) Transmitters must be designed such that they can be turned off
independently of any remote control circuits.
(e) Transmitters used with in-building radiation systems must be
installed such that, to the extent possible, they are readily accessible
only to persons authorized by the licensee to access them.
(f) Transmitters used with in-building radiation systems must be
designed such that, in the event an unauthorized person does gain
access, that person can not cause the transmitter to deviate from its
authorized operating parameters in such a way as to cause interference
to other stations.
Sec. 22.377 Certification of transmitters.
Except as provided in paragraph (b) of this section, transmitters
used in the Public Mobile Services, including those used with signal
boosters, in-building radiation systems and cellular repeaters, must be
certificated for use in the radio services regulated under this part.
Transmitters must be certificated when the station is ready for service,
not necessarily at the time of filing an application.
(a) The FCC may list as certificated only transmitters that are
capable of meeting all technical requirements of the rules governing the
service in which they will operate. The procedure for obtaining
certification is set forth in part 2 of this chapter.
[[Page 131]]
(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. 22.379 Replacement of equipment.
Licensees may replace any equipment in Public Mobile Service
stations without applying for authorization or notifying the FCC,
provided that:
(a) If a transmitter is replaced, the replacement transmitter must
be certificated for use in the Public Mobile Services;
(b) The antenna structure must not become a hazard to air navigation
and its height must not be not increased;
(c) The interference potential of the station must not be increased;
(d) The Effective radiated power, emission type, antenna radiation
pattern and center of radiation height above average terrain are not
changed.
[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 36603, July 7, 1998]
Sec. 22.381 Auxiliary test transmitters.
Auxiliary test transmitters may be used only for testing the
performance of fixed receiving equipment located remotely from the
control point. Auxiliary test transmitters may transmit only on channels
designated for mobile transmitters.
Sec. 22.383 In-building radiation systems.
Licensees may install and operate in-building radiation systems
without applying for authorization or notifying the FCC, provided that
the locations of the in-building radiation systems are within the
protected service area of the licensee's authorized transmitter(s) on
the same channel or channel block.
Subpart D_Developmental Authorizations
Sec. 22.401 Description and purposes of developmental authorizations.
Communications common carriers may apply for, and the FCC may grant,
authority to construct and operate one or more transmitters subject to
the rules in this subpart and other limitations, waivers and/or
conditions that may be prescribed. Authorizations granted on this basis
are developmental authorizations. In general, the FCC grants
developmental authorizations in situations and circumstances where it
cannot reasonably be determined in advance whether a particular
transmitter can be operated or a particular service can be provided
without causing interference to the service of existing stations. For
example, the FCC may grant developmental authorizations for:
(a) Field strength surveys to evaluate the technical suitability of
antenna locations for stations in the Public Mobile Services;
(b) Experimentation leading to the potential development of a new
Public Mobile Service or technology; or,
(c) Stations transmitting on channels in certain frequency ranges,
to provide a trial period during which it can be individually determined
whether such stations can operate without causing excessive interference
to existing services.
Sec. 22.403 General limitations.
The provisions and requirements of this section are applicable to
all developmental authorizations.
(a) Developmental authorizations are granted subject to the
condition that they may be cancelled by the FCC at any time, upon notice
to the licensee, and without the opportunity for a hearing.
(b) Except as otherwise indicated in this subpart, developmental
authorizations normally terminate one year from the date of grant. The
FCC may, however, specify a different term.
(c) Stations operating under developmental authorizations must not
interfere with the services of regularly authorized stations.
(d) A grant of a developmental authorization does not provide any
assurance that the FCC will grant an application for regular
authorization to operate the same transmitter(s), even if operation
during the developmental period has not caused interference and/or the
developmental program is successful.
[[Page 132]]
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.
(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.
[[Page 133]]
(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]
Sec. 22.411 Developmental authorization of 43 MHz paging transmitters.
Because of the potential for interference to the intermediate
frequency stages of receivers in broadcast television sets and video
recorders, 43 MHz paging channels are assigned only under developmental
authorizations subject to the requirements of this section, except as
provided in paragraph (d) of this section.
(a) Carrier responsibility. Carriers so authorized shall operate the
43 MHz paging service under developmental authority for a period of two
years. During the two year developmental period, carriers must resolve
any broadcast television receiver intermediate frequency interference
problems that may occur as a result of operation of the 43 MHz paging
transmitter(s). Carriers shall inform subscribers receiving service on
the channels assigned under developmental authority during the
developmental period that this service could be terminated by the FCC on
short notice if such action were to become necessary to eliminate
interference. Carriers shall notify the appropriate FCC Field Office, in
advance, of the date on which service to subscribers is to begin.
(b) Periodic surveys. To determine the extent of any interference to
broadcast television receivers resulting from operation of 43 MHz paging
stations authorized pursuant to this section, carriers shall conduct
semi-annual surveys during the first two years of operation. The first
such survey is to begin on the date when service to subscribers
commences. For each survey, the carrier shall contact at least 25
television viewers to determine whether they have experienced
interference.
(1) The carrier shall contact viewers located throughout the
geographic area encompassed by a 3 kilometer (2 mile) radius of the 43
MHz paging transmitter antenna site. The carrier must not attempt to
obtain a misleading survey by contacting only viewers less likely to be
experiencing interference. For example, the carrier must not contact
only the viewers located most distant from the paging transmitter
antenna site. Instead, the carrier shall contact viewers located near
the paging transmitter antenna site.
(2) The carrier shall not, in subsequent surveys, contact viewers
who were contacted in a previous survey; provided that, in the event
that all of the viewers within 3 kilometers (2 miles) have been
contacted, viewers located near the paging transmitter antenna site
shall be contacted again.
(c) Periodic reports. Following each survey, the carrier shall
submit to the FCC a written report disclosing and evaluating the extent
of any interference. These reports must include:
(1) The number of the report (1 to 4);
(2) The station call sign;
(3) The file number of the application that resulted in the
developmental authorization;
(4) An exact description of the transmitter location(s);
(5) The date(s) and time of day when the survey was conducted;
(6) The survey method used (e.g. telephone, on-site, etc.);
(7) The names, addresses and telephone numbers of the viewers
contacted;
(8) If interference resulted from operation of the 43 MHz paging
station, a summary of how the interference problem was resolved;
(9) The names and telephone numbers of any technical personnel
consulted
[[Page 134]]
and/or employed to resolve interference problems.
(d) Exceptions. The FCC may grant a regular authorization in the
Paging and Radiotelephone Service for a 43 MHz paging station in the
following circumstances:
(1) After the two-year developmental period, provided that broadcast
TV interference complaints have been resolved by the carrier in a
satisfactory manner. Licensees that hold a developmental authorization
for a 43 MHz paging station and wish to request a regular authorization
must file an application using FCC Form 601 via the ULS prior to the
expiration of the developmental period.
(2) In the case of the assignment of or a transfer of control of a
regular authorization of a 43 MHz paging station in the Paging and
Radiotelephone Service, provided that the station has been in continuous
operation providing service with no substantial interruptions.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
63 FR 68944, Dec. 14, 1998]
Sec. 22.413 Developmental authorization of 72-76 MHz fixed transmitters.
Because of the potential for interference with the reception by
broadcast television sets and video recorders of full service TV
stations transmitting on TV Channels 4 and 5, 72-76 MHz channels are
assigned for use within 16 kilometers (10 miles) of the antenna of any
full service TV station transmitting on TV Channel 4 or 5 only under
developmental authorizations subject to the requirements of this
section, except as provided in paragraph (b) of this section.
(a) Carrier responsibility. Carriers so authorized shall operate the
72-76 MHz fixed station under developmental authority for a period of at
least six months. During the developmental period, carriers must resolve
any broadcast television receiver interference problems that may occur
as a result of operation of the 72-76 MHz transmitter(s).
(b) Exceptions. The FCC may grant a regular authorization in the
Paging and Radiotelephone Service for a 72-76 MHz fixed station under
the following circumstances:
(1) After six months of operation under developmental authorization,
and provided that broadcast TV interference complaints have been
resolved by the carrier in a satisfactory manner. Licensees that hold a
developmental authorization for a 72-76 MHz fixed station and wish to
request a regular authorization must file an application using FCC Form
601 via the ULS prior to the expiration of the developmental
authorization.
(2) In the case of the assignment of or a transfer of control of a
regular authorization of a 72-76 MHz fixed station in the Paging and
Radiotelephone Service, the FCC may grant such assignment or consent to
such transfer of control provided that the station has been in
continuous operation providing service with no substantial
interruptions.
(3) If a proposed 72-76 MHz fixed transmitter antenna is to be
located within 50 meters (164 feet) of the antenna of the full service
TV station transmitting on TV Channel 4 or 5, the FCC may grant a
regular authorization instead of a developmental authorization.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
63 FR 68944, Dec. 14, 1998]
Sec. 22.415 Developmental authorization of 928-960 MHz fixed transmitters.
Channels in the 928-929 MHz and 952-960 MHz ranges may be assigned
under developmental authorizations to fixed transmitters in point-to-
multipoint systems at locations that are short-spaced (i.e. do not meet
the 113 kilometer (70 mile) separation requirement of Sec. 22.625),
subject to the requirements of this section.
(a) Carrier responsibility. Applications for developmental
authorizations pursuant to this section must contain an engineering
analysis that shows that no interference will be caused or received.
Carriers so authorized shall operate the short-spaced transmitter for a
period of one year.
(b) Exceptions. The FCC may grant a regular authorization in the
Paging and Radiotelephone Service for a short-
[[Page 135]]
spaced fixed station under the following circumstances:
(1) After one year of operation under developmental authorization,
and provided that no interference has been caused. Licensees that hold a
developmental authorization and wish to request a regular authorization
must file an application using FCC Form 601 prior to the expiration of
the developmental authorization.
(2) In the case of the assignment of or a transfer of control of a
regular authorization of a short-spaced fixed station in the Paging and
Radiotelephone Service, the FCC may grant such assignment or consent to
such transfer of control provided that the station has been in
continuous operation providing service and no interference has been
caused.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
63 FR 68944, Dec. 14, 1998]
Sec. 22.417 Developmental authorization of meteor burst systems.
Because of the potential for interference to other 42-46 MHz
operations, central office and rural subscriber stations in Alaska are
authorized to use meteor burst propagation modes to provide rural
radiotelephone service only under developmental authorizations subject
to the requirements of this section, except as provided in paragraph (b)
of this section. See also Sec. Sec. 22.725(c) and 22.729.
(a) Carrier responsibility. Carriers and subscribers so authorized
shall operate the station under developmental authority for a period of
at least one year.
(b) Exceptions. The FCC may grant a regular authorization in the
Rural Radiotelephone Service for a central office or rural subscriber to
use meteor burst propagation modes to provide rural radiotelephone
service under the following circumstances:
(1) After six months of operation under developmental authorization,
and provided that no interference has been caused to other operations.
Licensees that hold a developmental authorization to use meteor burst
propagation modes to provide rural radiotelephone service and wish to
request a regular authorization must file an application using FCC Form
601 prior to the expiration of the developmental authorization.
(2) In the case of the assignment of or a transfer of control of a
regular authorization of a central office or rural subscriber station
authorizing the use of meteor burst propagation modes in the Rural
Radiotelephone Service, the FCC may grant such assignment or consent to
such transfer of control provided that the station has been in operation
providing service with no substantial interruptions.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
63 FR 68944, Dec. 14, 1998]
Subpart E_Paging and Radiotelephone Service
Sec. 22.501 Scope.
The rules in this subpart govern the licensing and operation of
public mobile paging and radiotelephone stations. The licensing and
operation of these stations are also subject to rules elsewhere in this
part that apply generally to the Public Mobile Services. However, in
case of conflict, the rules in this subpart govern.
Sec. 22.503 Paging geographic area authorizations.
The FCC considers applications for and issues paging geographic area
authorizations in the Paging and Radiotelephone Service in accordance
with the rules in this section. Each paging geographic area
authorization contains conditions requiring compliance with paragraphs
(h) and (i) of this section.
(a) Channels. The FCC may issue a paging geographic area
authorization for any channel listed in Sec. 22.531 of this part or for
any channel pair listed in Sec. 22.561 of this part.
(b) Paging geographic areas. The paging geographic areas are as
follows:
(1) The Nationwide paging geographic area comprises the District of
Columbia and all States, Territories and possessions of the United
States of America.
(2) Major Economic Areas (MEAs) and Economic Areas (EAs) are defined
below. EAs are defined by the Department of Commerce, Bureau of Economic
Analysis. See Final Redefinition
[[Page 136]]
of the MEA Economic Areas, 60 FR 13114 (March 10, 1995). MEAs are based
on EAs. In addition to the Department of Commerce's 172 EAs, the FCC
shall separately license Guam and the Northern Mariana Islands, Puerto
Rico and the United States Virgin Islands, and American Samoa, which
have been assigned FCC-created EA numbers 173-175, respectively, and MEA
numbers 49-51, respectively.
(3) The 51 MEAs are composed of one or more EAs as defined in the
following table:
------------------------------------------------------------------------
MEAs EAs
------------------------------------------------------------------------
1 (Boston)................................ 1-3.
2 (New York City)......................... 4-7, 10.
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:
[[Page 137]]
(1) Within the composite interfering contour of another licensee;
or,
(2) Into unserved area and the paging geographic area licensee
consents to such extension.
(g) Subsequent applications not accepted. During the term of a
paging geographic area authorization, the FCC does not accept any
application for authorization relating to a facility that is or would be
located within the paging geographic area specified in that paging
geographic area authorization, on the channel specified in that paging
geographic area authorization, except in the following situations:
(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
[[Page 138]]
using either the 1990 census or the 2000 census, but not both.
(1) No later than three years after the initial grant of an MEA or
EA geographic area authorization, the licensee must construct or
otherwise acquire and operate sufficient facilities to cover one third
of the population in the paging geographic area. The licensee must
notify the FCC at the end of the three-year period pursuant to Sec.
1.946 of this chapter, either that it has satisfied this requirement or
that it plans to satisfy the alternative requirement to provide
substantial service in accordance with paragraph (k)(3) of this section.
(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)
[[Page 139]]
with a single replacement authorization.
[62 FR 11634, Mar. 12, 1997, as amended at 63 FR 68945, Dec. 14, 1998;
64 FR 33784, June 24, 1999]
Sec. 22.509 Procedures for mutually exclusive applications in the Paging
and Radiotelephone Service.
Mutually exclusive applications in the Paging and Radiotelephone
Service, including those that are mutually exclusive with applications
in the Rural Radiotelephone Service, are processed in accordance with
Sec. 22.131 and with this section.
(a) Applications in the Paging and Radiotelephone Service may be
mutually exclusive with applications in the Rural Radiotelephone Service
if they 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.
[[Page 140]]
(2) Parties seeking authority to partition must submit with their
partial assignment application a certification signed by both parties
stating which of the above options they select.
(3) Partitionees must submit supporting documents showing compliance
with their coverage requirements as set forth in Sec. 22.503(k)(1), (2)
and (3).
(4) Failure by any partitionee to meet its coverage requirements
will result in automatic cancellation of the partitioned authorization
without further Commission action.
(g) Coverage requirements for disaggregation. (1) Parties to a
disaggregation agreement must satisfy at least one of the following
requirements:
(i) Either the disaggregator or disaggregatee must satisfy the
coverage requirements set forth in Sec. 22.503 (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,
[[Page 141]]
the street address or other description of the transmitting antenna
site, the city, county and state, the geographic coordinates (latitude
and longitude), correct to 1 second, of the
transmitting antenna site (NAD83), and in the case of a proposed
relocation of a transmitting antenna, the Commission location number and
geographic coordinates, correct to 1 second, of
the transmitting antenna site (NAD83) to which the geographic
coordinates of the current location are referenced.
(2) For each transmitting antenna site to be added, deleted or
modified, the following supplementary information is required: An
indication as to whether or not the transmitting antenna site is within
200 kilometers (124 miles) of the U.S.-Mexico border, and an indication
as to whether or not the transmitting antenna site is North of Line A or
East of Line C. Line A and Line C are defined in Sec. 2.1 of this
chapter. For each adjacent geographic area within 200 kilometers (124
miles) of each transmitting antenna site to be added, deleted or
modified, the geographic area designator and name, and the shortest
distance (in kilometers) to the boundary of that geographic area.
(3) The height (in meters) above average terrain of the center of
radiation of the antenna, the beamwidth of the main lobe of the
horizontal radiation pattern of the electric field of the antenna, the
height (in meters) to the tip of the antenna above ground level, a polar
plot of the horizontal gain pattern of the antenna, the antenna gain in
the maximum lobe and the electric field polarization of the wave emitted
by the antenna when installed as proposed.
(i) The center frequency of the requested channel, the transmitter
classification (e.g. base, fixed mobile), the designator for any non-
standard emission type to be used, including bandwidth and modulation
type, and the maximum effective radiated power.
(ii) For each of the eight cardinal radials, the antenna height
above the average elevation along the radial, and the effective radiated
power of each transmitter in the direction of the radial.
(iii) For each transmitter proposed to transmit on a channel
reserved for point-to-multipoint operation involving transmission to
four or more points of communications (i.e. base transmitters), the
following is required for each point of communication: an indication of
the desired database action, the location (city or town, state), and the
geographical coordinates (latitude and longitude, NAD 83).
(c) Upon request by an applicant, licensee, or the Commission, a
part 22 applicant or licensee of whom the request is made shall furnish
the antenna type, model, and the name of the antenna manufacturer to the
requesting party within ten (10) days of receiving written notification.
[62 FR 11635, Mar. 12, 1997, as amended at 63 FR 68945, Dec. 14, 1998;
64 FR 53240, Oct. 1, 1999]
Effective Date Note: At 64 FR 53240, Oct. 1, 1999, Sec. 22.529 was
amended by adding paragraph (c). This paragraph contains information
collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of Management and Budget.
Paging Operation
Sec. 22.531 Channels for paging operation.
The following channels are allocated for assignment to base
transmitters that provide paging service, either individually or
collectively under a paging geographic area authorization. Unless
otherwise indicated, all channels have a bandwidth of 20 kHz and are
designated by their center frequencies in MegaHertz.
Low VHF Channels
35.20 35.46 43.20 43.46
35.22 35.50 43.22 43.50
35.24 35.54 43.24 43.54
35.26 35.56 43.26 43.56
35.30 35.58 43.30 43.58
35.34 35.60 43.34 43.60
35.38 35.62 43.38 43.62
35.42 35.66 43.42 43.66
High VHF Channels
152.24 152.84 158.10 158.70
UHF Channels
931.0125 931.2625 931.5125 931.7625
931.0375 931.2875 931.5375 931.7875
931.0625 931.3125 931.5625 931.8125
931.0875 931.3375 931.5875 931.8375
931.1125 931.3625 931.6125 931.8625
931.1375 931.3875 931.6375 931.8875
931.1625 931.4125 931.6625 931.9125
[[Page 142]]
931.1875 931.4375 931.6875 931.9375
931.2125 931.4625 931.7125 931.9625
931.2375 931.4875 931.7375 931.9875
(a) The 43 MHz channels may be assigned under developmental
authorizations, pursuant to the requirements of Sec. 22.411.
(b) Channels 931.8875, 931.9125, and 931.9375 MHz may be assigned
only to transmitters providing nationwide network paging service.
(c) Upon application using FCC Form 601, common carriers may be
authorized to provide one-way paging service using the leased subcarrier
facilities of broadcast stations licensed under part 73 of this chapter.
(d) Occasionally in case law and other formal and informal
documents, the low VHF channels have been referred to as ``lowband''
channels, and the high VHF channels have been referred to as
``guardband'' channels.
(e) Pursuant to the U.S.-Canada Interim Coordination Considerations
for 929-932 MHz, as amended, only the following UHF channels may be
assigned in the continental United States North of Line A or in the
State of Alaska East of Line C, within the indicated longitudes:
(1) From longitude W.73[deg] to longitude W.75[deg] and from
longitude W.78[deg] to longitude W.81[deg]:
931.0125 931.1125 931.1875 931.2625
931.0375 931.1375 931.2125 931.8625
931.0625 931.1625 931.2375
(2) From longitude W.81[deg] to longitude W.85[deg]:
931.0125 931.2125 931.3875 931.5875
931.0375 931.2375 931.4125 931.6125
931.0625 931.2625 931.4625 931.6375
931.1125 931.2875 931.4875 931.8625
931.1375 931.3125 931.5125
931.1625 931.3375 931.5375
931.1875 931.3625 931.5625
(3) Longitudes other than specified in paragraphs (e)(1) and (e)(2)
of this section:
931.0125 931.1625 931.2875 931.4125
931.0375 931.1875 931.3125 931.4625
931.0625 931.2125 931.3375 931.8625
931.1125 931.2375 931.3625
931.1375 931.2625 931.3875
(4) At any longitude, with authorization condition requiring
coordinated, shared use and equal access by licensees in both countries:
931.4375 931.8875 931.9125 931.9375
(f) For the purpose of issuing paging geographic authorizations, the
paging geographic areas used for UHF channels are the MEAs, and the
paging geographic areas used for the low and high VHF channels are the
EAs (see Sec. 22.503(b)).
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
62 FR 11635, Mar. 12, 1997; 63 FR 68945, Dec. 14, 1998; 64 FR 33784,
June 24, 1999]
Sec. 22.535 Effective radiated power limits.
The effective radiated power (ERP) of transmitters operating on the
channels listed in Sec. 22.531 must not exceed the limits in this
section.
(a) Maximum ERP. The ERP must not exceed the applicable limits in
this paragraph under any circumstances.
------------------------------------------------------------------------
Maximum ERP
Frequency range (MHz) (Watts)
------------------------------------------------------------------------
35-36...................................................... 600
43-44...................................................... 500
152-159.................................................... 1400
931-932.................................................... 3500
------------------------------------------------------------------------
(b) Basic power limit. Except as provided in paragraph (d) of this
section, the ERP of transmitters on the VHF channels must not exceed 500
Watts.
(c) Height-power limit. Except as provided in paragraph (d) of this
section, the ERP of transmitters on the VHF channels must not exceed the
amount that would result in an average distance to the service contour
of 32.2 kilometers (20 miles). The average distance to the service
contour is calculated by taking the arithmetic mean of the distances
determined using the procedures specified in Sec. 22.537 for the eight
cardinal radial directions, excluding cardinal radial directions for
which 90% or more of the distance so calculated is over water.
(d) Encompassed interfering contour areas. Transmitters are exempt
from the basic power and height-power limits of this section if the area
within their interfering contours is totally encompassed by the
interfering contours of operating co-channel base transmitters
controlled by the same licensee. For the purpose of this paragraph,
operating transmitters are authorized
[[Page 143]]
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 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=1.243xh0.40xp0.20
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=6.509xh0.28xp0.17
where d is the radial distance in kilometers
h is the radial antenna HAAT in meters
[[Page 144]]
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.
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.
[[Page 145]]
(h) Signal boosters on 931 MHz channels. For the purpose of
compliance with Sec. 22.165 and notwithstanding paragraphs (e) and (f)
of this section, signal boosters operating on the 931 MHz channels with
an antenna HAAT not exceeding 30 meters (98 feet) are deemed to have as
a service contour a circle with a radius of 1.0 kilometer (0.6 mile) and
as an interfering contour a circle with a radius of 10 kilometers (6.2
miles).
[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996]
Sec. 22.539 Additional channel policies.
The rules in this subsection govern the processing of applications
for a paging channel when the applicant has applied for or been granted
an authorization for other paging channels in the same geographic area.
This section applies to applications proposing to use the channels
listed in Sec. 22.531, excluding the nationwide network paging channels
and broadcast station subcarriers, or the channels listed in Sec.
22.561, where the application proposes to use those channels to provide
paging service only. The general policy of the Commission is to assign
one paging channel in an area to a carrier per application cycle. That
is, a carrier must apply for one paging channel, receive the
authorization, construct the station, provide service to the
subscribers, and notify the Commission of commencement of service to
subscribers by using FCC Form 601 before applying for an additional
paging channel in that area. This notification must be sent by
electronic filing via the ULS.
(a) VHF transmitters in same area. Any transmitter on any VHF
channel listed in Sec. 22.531 is considered to be in the same
geographic area as another transmitter on any other VHF channel listed
in Sec. 22.531 if:
(1) One transmitter location is within the service area of the other
transmitter; or,
(2) The area within the overlap of the service contours of the two
transmitters constitutes 50 percent or more of the service area of
either of the transmitters.
(b) 931 MHz transmitters in same area. Any transmitter on any 931
MHz channel is considered to be in the same geographic area as another
transmitter on any channel listed in Sec. 22.531 if it is located less
than 64.4 kilometers (40 miles) from the transmitter. Likewise, any
transmitter on any channel listed in Sec. 22.531 is considered to be in
the same geographic area as another transmitter on any 931 MHz channel
if it is located less than 64.4 kilometers (40 miles) from that
transmitter.
(c) Initial channel. The FCC will not assign more than one channel
for new paging stations. Paging stations are considered to be new if
there are no authorized transmitters on any channel listed in Sec.
22.531 controlled by the applicant in the same geographic area.
(d) Additional channel. Applications for transmitters to be located
in the same geographic area as an authorized station controlled by the
applicant, but to operate on a different channel, are considered as
requesting an additional channel for the authorized station, unless
paragraph (e) of this section applies.
(e) Additional transmitters on same channel. Notwithstanding other
provisions of this section, the following applications are not
considered to be requests for an additional paging channel:
(1) Applications for transmitters to be located in the same
geographic area as an authorized station controlled by the applicant,
and to operate on the same paging channel;
(2) Applications for transmitters to be located within a paging
geographic area for which the applicant holds the paging geographic area
authorization for the requested channel; and,
(3) Applications for paging geographic area authorizations.
(f) Amendment of pending application. If the FCC receives and
accepts for filing an application for a transmitter to be located in the
same geographic area as a transmitter proposed in a pending application
previously filed by the applicant, but on a different channel, the
subsequent application is considered as a major amendment to change the
technical proposal of the prior application, unless paragraph (e)
applies. The filing date of any application so amended is the date the
FCC received the subsequent application.
[[Page 146]]
(g) Dismissal of premature applications for additional channel. If
the FCC receives an application requesting an additional channel for an
authorized station prior to receiving notification that the station is
providing service to subscribers on the authorized channel(s), the FCC
may dismiss that application without prejudice in accordance with Sec.
22.128.
[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11635, Mar. 12, 1997;
63 FR 68945, Dec. 14, 1998]
Sec. 22.551 Nationwide network paging service.
The rules in this section govern the application for and provision
of nationwide network paging service on the channels reserved
specifically for such service in Sec. 22.531(b).
(a) Nationwide network providers; organizers. If and when a
nationwide network paging channel becomes available for assignment, the
FCC will issue a Public Notice inviting applications from eligibles
seeking to provide or organize a nationwide network paging service. The
Public Notice will provide complete details regarding application
requirements and procedures.
(b) Licensing. The FCC may issue a paging geographic area
authorization to the nationwide network provider or organizer. All
transmissions of nationwide network messages on the channels reserved
for such service in Sec. 22.531(b) are authorized solely under the
authorization(s) of the nationwide network provider or organizer,
notwithstanding whether or not the messages pass through facilities
owned, operated or licensed to affiliated local carriers.
[62 FR 11636, Mar. 12, 1997]
Sec. 22.559 Paging application requirements.
In addition to information required by subparts B and D and Sec.
22.529, applications for authorization to operate a paging transmitter
on the channels listed in Sec. 22.531, other than applications for a
paging geographic area authorization, must contain the applicable
supplementary information described in this section.
(a) Interference exhibit. Except as provided in paragraph (b) of
this section, an exhibit demonstrating compliance with Sec. 22.537 with
regard to protected transmitters is required for applications to operate
a transmitter on the VHF channels. This exhibit must:
(1) Identify each protected transmitter located within 109
kilometers (68 miles) of the proposed transmitter in directions in which
the distance to the interfering contour is 76.5 kilometers (47.5 miles)
or less, and within 178 kilometers (111 miles) of the proposed
transmitter in directions in which the distance to the interfering
contour exceeds 76.5 kilometers (47.5 miles).
(2) For each protected transmitter identified, show the results of
distance calculations indicating that there would be no overlap of
service and interfering contours, or alternatively, indicate that the
licensee of or applicant for the protected transmitter and/or the
applicant, as required, have agreed in writing to accept any
interference resulting from operation of the proposed transmitter.
(b) Encompassment exhibit. An exhibit showing that the area within
the interfering contour of the proposed transmitter would be totally
encompassed by interfering contours of operating co-channel base
transmitters controlled by the applicant is required for applications to
operate a transmitter with ERP exceeding the basic power and height-
power limits of Sec. 22.535. For VHF transmitters, this encompassment
exhibit may substitute for the interference exhibit required in
paragraph (a) of this section.
[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]
One-way or Two-way Mobile Operation
Sec. 22.561 Channels for one-way or two-way mobile operation.
The following channels are allocated for paired assignment to
transmitters that provide (or support other transmitters that provide)
one-way or two-way public land mobile service, either individually or
collectively under a paging geographic area authorization. The paging
geographic areas used for these channels are the EAs (see Sec.
22.503(b)(3)). These channels may be assigned for use by mobile or base
[[Page 147]]
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. 22.563 Provision of rural radiotelephone service upon request.
Channels in the frequency ranges 152.03-152.81, 157.77-158.67,
454.025-454.650 and 459.025-459.650 MHz, inclusive, are also allocated
for assignment in the Rural Radiotelephone Service. Stations in the
Paging and Radiotelephone Service that provide two-way public mobile
service on these channels must also provide rural radiotelephone service
upon request from a subscriber.
Sec. 22.565 Transmitting power limits.
The transmitting power of base, mobile and fixed transmitters
operating on the channels listed in Sec. 22.561 must not exceed the
limits in this section.
(a) Maximum ERP. The effective radiated power (ERP) of base and
fixed transmitters must not exceed the applicable limits in this
paragraph under any circumstances.
------------------------------------------------------------------------
Maximum ERP
Frequency range (MHz) (watts)
------------------------------------------------------------------------
152-153.................................................... 1400
157-159.................................................... 150
454-455.................................................... 3500
459-460.................................................... 150
------------------------------------------------------------------------
(b) Basic power limit. Except as provided in paragraph (d) of this
section, the ERP of base transmitters must not exceed 500 Watts.
(c) Height-power limits. Except as provided in paragraph (d) of this
section, the ERP of base transmitters must not exceed the amount that
would result in an average distance to the service contour of 41.6
kilometers (26 miles) for VHF channels or 30.7 kilometers (19 miles) for
UHF channels. The average distance to the service contour is calculated
by taking the arithmetic mean of the distances determined using the
procedures specified in Sec. 22.567 for the eight cardinal radial
directions, excluding cardinal radial directions for which 90% or more
of the distance so calculated is over water.
(d) Encompassed interfering contour areas. Base transmitters are
exempt from the basic power and height-power limits of this section if
the area within their interfering contours is totally encompassed by the
interfering contours of operating co-channel based transmitters
controlled by the same licensee. For the purpose of this paragraph,
operating transmitters are authorized transmitters that are providing
service to subscribers.
(e) Adjacent channel protection. The ERP of base and fixed
transmitters must not exceed 500 Watts if they transmit on channel
454.025 MHz and are located less than 7 kilometers (4.3 miles) from any
Private Radio Services station receiving on adjacent channel 454.0000
MHz.
(f) Mobile transmitters. The transmitter output power of mobile
transmitters must not exceed 60 watts.
(g) Other transmitters. The ERP of dispatch and auxiliary test
transmitters must not exceed 100 watts.
[[Page 148]]
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.
(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=1.609xh0.40 x p0.20
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(1) Whenever the actual HAAT is less than 30 meters (98 feet), 30
must be used as the value for h in the above formula.
(2) The value used for p in the above formula must not be less than
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever
is more.
(3) The distance from the transmitting antenna to the service
contour along any radial other than the eight cardinal radials is
routinely calculated by linear interpolation of distance as a function
of angle. However, in resolving petitions to deny, the FCC may calculate
the distance to the service contour using the formula in paragraph (c)
of this section with actual HAAT and ERP data for the inter-station
radial and additional radials above and below the inter-station radial
at 2.5[deg] intervals.
(d) VHF interfering contour. For base and fixed stations
transmitting on the VHF channels, the radial distance from the
transmitting antenna to the interfering contour along each cardinal
radial is calculated as follows:
[[Page 149]]
(1) If the radial antenna HAAT is less than 150 meters:
d=8.577xh0.24xp0.19
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=12.306xh0.23xp0.14
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=1.726xh0.35xp0.18
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(1) Whenever the actual HAAT is less than 30 meters (98 feet), 30
must be used as the value for h in the above formula.
(2) The value used for p in the above formula must not be less than
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever
is more.
(3) The distance from the transmitting antenna to the service
contour along any radial other than the eight cardinal radials is
routinely calculated by linear interpolation of distance as a function
of angle. However, in resolving petitions to deny, the FCC may calculate
the distance to the service contour using the formula in paragraph (e)
of this section with actual HAAT and ERP data for the inter-station
radial and addition radials above and below the below the inter-station
radial at 2.5[deg] intervals.
(f) UHF interfering contour. For base and fixed stations
transmitting on the UHF channels, the radial distance from the
transmitting antenna to the interfering contour along each cardinal
radial is calculated as follows:
(1) If the radial antenna HAAT is less than 150 meters:
d=9.471xh0.23xp0.15
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=6.336xh0.31xp0.15
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.
[[Page 150]]
(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=36.364xh0.2x p0.1
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
Whenever the actual HAAT is less than 30 meters (98 feet), 30 must
be used as the value for h in the above formula. The value used for p in
the above formula must not be less than 27 dB less than the maximum ERP
in any direction, or 0.1 Watt, whichever is more.
(h) Assignment of mobile channels to base or fixed transmitters.
Mobile channels may be assigned to base or fixed transmitters if the
following criteria are met:
(1) The paired base channel, as designated in Sec. 22.561, is
assigned to base transmitters in the same geographical area operated by
the same licensee.
(2) The authorization is granted subject to the condition that no
interference be caused to fixed receivers in use on or prior to the date
of the grant.
Sec. 22.569 Additional channel policies.
The rules in this section govern the processing of applications for
a mobile channel when the applicant has applied or been granted an
authorization for other mobile channels in the same geographic area.
This section applies to applications proposing to use the channels
listed in Sec. 22.561, except applications that propose to use these
channels to provide paging service only, which are subject to Sec.
22.539, instead of this section. The general policy of the FCC is to
assign no more than two channels in an area to a carrier per application
cycle. That is, a carrier must apply for no more than two channels,
receive the authorization, construct the station, provide service to
subscribers, and notify the FCC of commencement of service to
subscribers (FCC Form 489) before applying for additional mobile
channels in that area.
(a) Transmitters in same area. Any transmitter on any channel listed
in Sec. 22.561 is considered to be in the same geographic area as
another transmitter or any other channel listed in Sec. 22.561 if:
(1) One transmitter location is within the service area of the other
transmitter; or,
(2) The area within the overlap of the service contours of the two
transmitters constitutes 50 percent or more of the service area of
either of the transmitters.
(b) Initial channel. The FCC will not assign more than two channels
for new stations. Stations are considered to be new if there are no
authorized transmitters on any channel listed in Sec. 22.561 controlled
by the applicant in the same geographic area.
(c) Additional channel. Applications for transmitters to be located
in the same geographic area as an authorized station controlled by the
applicant, but to operate on a different channel, are considered as
requests for an additional channel for the authorized station, unless
paragraph (d) of this section applies.
(d) Additional transmitters on same channel. Notwithstanding other
provisions of this section, the following applications are not
considered to be requests for an additional channel:
(1) Applications for transmitters to be located in the same
geographic area as an authorized station controlled by the applicant,
and to operate on the same paging channel;
(2) Applications for transmitters to be located within a paging
geographic area for which the applicant holds the paging geographic area
authorization for the requested channel; and,
(3) Applications for paging geographic area authorizations.
(e) [Reserved]
(f) Dismissal of application constituting cumulative request for
more than two channels. If the FCC receives an application for a
transmitter to be located
[[Page 151]]
in the same geographic area as a transmitter proposed in a pending
application previously filed by the applicant, but on different channels
such that, considered together, the applications would constitute a
request for more than two channels, the FCC may dismiss the subsequent
application without prejudice.
(g) Dismissal of premature applications for additional channel. If
the FCC receives an application requesting two additional channels (or
one additional channel) for an authorized station prior to receiving
notification that the station is providing service to subscribers on all
(or all except one) of the authorized channels, the FCC may dismiss that
application without prejudice.
[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]
Sec. 22.571 Responsibility for mobile stations.
Mobile stations that are subscribers in good standing to a two-way
service in the Paging and Radiotelephone Service, when receiving service
from that station, are considered to be operating under the
authorization of that station. Licensees are responsible for exercising
effective operational control over mobile stations receiving service
through their stations. Mobile stations that are subscribers in good
standing to a two-way service in the Paging and Radiotelephone Service,
while receiving service from a different station, are considered to be
operating under the authorization of such different station. The
licensee of such different station is responsible, during such temporary
period, for exercising effective operational control over such mobile
stations as if they were subscribers to it.
Sec. 22.573 Use of base transmitters as repeaters.
As an additional function, base transmitters may be used as
repeaters. Licensees must be able to turn the base transmitter on or off
from the control point regardless of whether a subscriber-operated
transmitter is transmitting.
Sec. 22.575 Use of mobile channel for remote control of station functions.
Carriers may remotely control station functions (e.g. shut down or
reactivate base transmitters, turn aviation obstruction warning lights
on or off, etc.) using a control transmitter operating on a mobile
channel, subject to the conditions in this section and in Sec.
22.567(h).
(a) The control transmitter must be capable of overriding
transmissions from subscriber-operated transmitters if necessary.
Subscriber-operated transmitters must not be capable of being used to
deliberately or accidentally prevent the licensee from controlling the
station.
(b) The licensee must implement measures designed to prevent station
functions from being controlled by persons not authorized by the
licensee to control the station.
(c) The control transmitter location must be within the composite
service contour of the licensee's authorized station on the paired base
channel.